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

Vol. 157 WASHINGTON, WEDNESDAY, DECEMBER 7, 2011 No. 187 House of Representatives The House met at 10 a.m. and was moving forward in part because Colonel supervised by new leadership. I ask for called to order by the Speaker pro tem- Pantano’s office issued a Draft Envi- a U.S. Army Office of Inspector Gen- pore (Mr. LATTA). ronmental Assessment that clearly fa- eral investigation immediately into f vors the eventual issuance of the per- the relationship between the govern- mit. ment of Puerto Rico, the Army Corps DESIGNATION OF SPEAKER PRO I would like to read an excerpt from of Engineers Jacksonville office, and TEMPORE my letter: the power companies and its contrac- The SPEAKER pro tempore laid be- ‘‘I was intensely angered, but sadly tors. fore the House the following commu- not entirely surprised, when I read the ‘‘Lobbyists who used to work for the nication from the Speaker: report issued by your office regarding Army Corps of Engineers should not be WASHINGTON, DC, the gasoducto in Puerto Rico. From allowed to line their pockets at the ex- December 7, 2011. the start, people in Puerto Rico have pense of the safety of the people of I hereby appoint the Honorable ROBERT E. been telling me that they suspect all Puerto Rico. Your boss, President LATTA to act as Speaker pro tempore on this the regulatory oversight is nothing Obama, stated ‘the cozy relationship day. more than show and this process has between the regulators and the indus- JOHN A. BOEHNER, been assured of passage because of in- try they regulate must come to an Speaker of the House of Representatives. sider cozy relationships between the end.’ f Army Corps Jacksonville staff and the ‘‘I strongly support the President and MORNING-HOUR DEBATE very industry they are supposed to be agree with him completely. However, overseeing and regulating. my misgivings about the pipeline The SPEAKER pro tempore. Pursu- ‘‘Further, having sunk millions of project multiplied substantially when ant to the order of the House of Janu- dollars in this project already, the rul- the project was abruptly removed from ary 5, 2011, the Chair will now recog- ing party in Puerto Rico’s very credi- Army Corps’ office in Puerto Rico and nize Members from lists submitted by bility is at stake on this massive con- transferred to the Jacksonville office the majority and minority leaders for struction project going forward. in Florida. morning-hour debate. ‘‘The Draft Environmental Assess- ‘‘There is clearly a cozy relationship The Chair will alternate recognition ment is so slanted and flawed that it between current Jacksonville staff that between the parties, with each party adds more evidence to the growing you supervise and former Jacksonville limited to 1 hour and each Member view that there will be no meaningful staff who now supervise and work for other than the majority and minority oversight for this project and no mean- the private company consulted by and leaders and the minority whip limited ingful input from the residents of Puer- hired by the government of Puerto to 5 minutes each, but in no event shall to Rico. Rico to lobby and provide technical as- debate continue beyond 11:50 a.m. ‘‘I believe your decision, Colonel sistance for the project.’’ f Pantano, shows a complete disregard The result: The Army Corps of Engi- for compelling evidence demonstrating neers appears to have adopted all the FLAWED DRAFT ENVIRONMENTAL little need for the project. It shows dis- power company’s wholesale argument ASSESSMENT IN PUERTO RICO regard for the opinion of other Federal for moving forward. What a surprise. The SPEAKER pro tempore. The agencies who have looked at the These include ignoring the advice of Chair recognizes the gentleman from project. The decision disregards evi- other Federal agencies that do not Illinois (Mr. GUTIERREZ) for 5 minutes. dence of potential safety hazards to the seem to have any cozy connections and Mr. GUTIERREZ. Today I’m sending people of Puerto Rico. This woefully relationships to the moneyed interests a letter to Colonel Alfred A. Pantano, slanted decision also gives credence to behind the pipeline, including warnings the commander of the U.S. Army Corps the suggestion of impropriety in mat- from the Fish and Wildlife Service—ig- of Engineers in Jacksonville, Florida, ters related to this project and the in- nored; the Environmental Protection the district that oversees, among other ability of the U.S. Army Corps of Engi- Agency—ignored. things, the permitting process for the neers to oversee this project. Finally, I point out that it is an in- construction of a massive gas pipeline ‘‘I believe this process should begin sult to the people of Puerto Rico to that will cross the mountains in Puer- again in an open and transparent man- have released the Army Corps’ report to Rico. The 92-mile gas pipeline, which ner, that the process that has led to in the manner it was released. The re- does not make any sense environ- the decision should be fully inves- port is exclusively in English, whereas mentally, economically, or ethically, is tigated, and further efforts should be the common language in Puerto Rico is

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

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VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.000 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8190 CONGRESSIONAL RECORD — HOUSE December 7, 2011 Spanish. English is a language that of critical habitat for endangered and/or ments, particularly the most recent Public hundreds of thousands of Puerto threatened species; rural areas; densely pop- Notice and Joint Permit Application. In Ricans whose lives will be directly af- ulated urban areas; and coastal areas. In all, order for the public comment period to pro- fected by the pipeline do not speak and the project may affect over 40 endangered or vide a meaningful opportunity for public threatened species, and will put at perma- input on a project of tremendous local inter- cannot read. How are they supposed to nent risk the lives of over 200,000 residents. est and concern, it is important that these give advice and consent? The majority of the people of Puerto Rico translations are prepared and distributed to It is also personally insulting that are against this project, as shown by various the public before the commencement of the the 30-day comment period occurred polls, the 6,000 comment letters your agency public comment period. Once the USACE during the holiday season when the has received so far, and the public dem- provides an official Spanish version of the residents of Puerto Rico are especially onstrations against the project involving Draft EA and other key documents, the focused on their family, and interest- tens of thousands of Puerto Rican citizens. USACE should provide a public comment pe- In addition, this project has been the subject ingly enough, Congress will be in re- riod of at least 60 days in light of the com- of vivid presentations on the floor of Con- plexity and magnitude of this proposed cess. gress, as well as hundreds of news articles, project. In addition, we respectfully request The people of Puerto Rico, including including attention from the New York that the USACE provide public hearings in those who live humbly in the moun- Times, Washington Post, and other national Puerto Rico with translators available. tains and those who have derived their media. Not surprisingly, your agency has ac- There are ample statutory and regulatory livelihoods from the land, deserve a knowledged that this project is one of very provisions as well as executive orders and ju- government that protects their inter- high public interest. dicial precedents which support our requests, We are submitting this letter on behalf of as discussed further below. Furthermore, est. They deserve to know when their various environmental groups and individ- safety and way of life are threatened, compliance with these requests is necessary uals. The conservation groups include the if USACE intends to provide affected com- the government will protect them. This Puerto Rico Chapter of The Sierra Club; Cen- munities and interested individuals through- case reveals the opposite. It reveals a ter for Biological Diversity; Ciudadanos del out the island of Puerto Rico with an ade- ´ government agency that ignores the Karso; Asociacion Nacional de Derecho quate opportunity to comment on the ´ ´ warnings of other government agencies Ambiental; Comite Bo. Portugues Contra el project, considering that less than 19% of is- ´ ˜ Gasoducto; Comite Utuadeno en Contra del land residents consider themselves to be bi- and a wealth of facts regarding safety ´ Gasoducto; Sociedad Ornitologa lingual. The residents of these communities concerns and environmental impact. It Puertorriquen˜ ia; Vegabajen˜ ios Impulsando reveals a government agency that re- often have valuable information about places Desarrollo Ambiental Sustentable; Iniciativa and resources that they value and the poten- sponds more to well-connected lobby- ´ para un Desarrollo Sustentable; and Comite tial environmental, social, and economic ef- ˜ ists than advocates for the people of Toabajenio en Contra del Gasoducto. These fects that the proposed federal actions may Puerto Rico. It reveals a government groups all share a common purpose: to pro- have on those places and resources. NEPA agency that is doing nothing—not mote the general welfare of the communities and other federal statutes, regulations, and doing the job that it was mandated to they serve through education and capacity executive orders require USACE to provide do. building of its residents concerning the ad- concerned citizens and organizations with verse impacts of human activities on the Mr. Speaker, I would like to include access to enough information to allow them ecologic balance of natural systems and the to provide meaningful comments, and these in the RECORD this petition, on behalf importance of restoring the environment and of many individuals and environmental laws require USACE to take their comments promoting conditions under which human into account. If the key documents to be groups from the Legal Assistance Clin- beings and the environment can exist in har- evaluated remain available only in a foreign ic at the Law School at the University mony to fulfill economic, social and other language, however, it will be too difficult for of Puerto Rico, to have the environ- needs of present and future generations. the affected and concerned citizens and Likewise, the individual clients of the en- mental assessment translated into groups alike to meaningfully and adequately vironmental law clinics of Vermont Law comment on the project. In fact, the Draft Spanish. School, University of Puerto Rico School of EA and other key documents include so ESCUELA DE DERECHO, Law, and the Inter American University much technical and difficult to grasp infor- UNIVERSADAD DE PUERTO RICO, School of Law; and of the Puerto Rico Legal mation that even an English-speaking San Juan, PR, Decmber 6, 2011. Services, Inc. support this petition as well. layperson would have difficulty reading, ana- Re Petition to Translate into Spanish the These individuals include Juan Corte´s Lugo; lyzing, and commenting in just 30 days. Draft Environmental Assessment, State- Sofı´a Colo´ n Matos; Luis Guzma´ n Mele´ndez; Fundamental principles of environmental ment of Findings, Public Notice, and Ana Oquendo Andu´ jar; Iv´ an Ve´lez Gonza´ lez; justice warrant that the Draft EA for a Joint Permit Application for the Via Francisca M. Montero Colo´ n; Sol Marı´a De project of such magnitude must be trans- Verde Natural Gas Pipeline Project, Per- Los Angeles Rodrı´guez Torres; Iva´ n Carlos lated in the Spanish language and that the mit Application No. SAJ 2010–02881 (IP– Belez Montero; Aristides Rodrı´guez Rivera; public comment period be restarted and ex- EWG). Ada I. Rodrı´guez Rodrı´guez; Alex Noel Natal tended to 60 days once the Spanish version of Colonel ALFRED A. PANTANO, Santiago; Miriam Negro´ n Pe´rez; Francisco the EA is available to the public. The District Commander, U.S. Army Corps of Engi- Ruiz Nieves; Silvya Jorda´ n Molero; Ana USACE is bound to these principles by neers, Jacksonville District, San Marco Bou- Serrano Maldonado; Fe´lix Rivera Gonza´ lez; NEPA, the Council on Environmental Qual- levard, Jacksonville, FL. William Morales Martinez; Trinita Alfonso ity Guidelines (CEQ guidelines), the Execu- DEAR COLONEL PANTANO: The United States Vda. De Folch; Alejandro Saldan˜ a Rivera; tive Order on Federal Actions to Address En- Army Corps of Engineers (USACE) has re- Dixie Ve´lez Ve´lez; Dylia Santiago Collaso; vironmental Justice, the Department of De- cently published a Draft Environmental As- Ernesto Forestier Torres; Miriam Morales fense Strategy on Environmental Justice sessment and Statement of Findings (collec- Gonza´ lez; Fernando Ve´lez Ve´lez; Emma pursuant to the Executive Order, the U.S. tively, Draft EA) as part of its environ- Gonza´ lez Rodrı´guez ; Samuel Sa´ nchez Constitution, and other legal authorities and mental review process under the National Santiago; Raquel Ortiz Gonza´ lez; Maritza Ri- precedents. Environmental Policy Act (NEPA) for the vera Cruz; Virginio Heredia Bonilla; Lilian Via Verde Natural Gas Pipeline project pro- Security issues also warrant a translation. Serrano Maldonado; Yamil A. Heredia The pipeline is a safety risk to various thou- posed by applicant Puerto Rico Electric Serrano; Jean Paul Heredia Romero; Pablo Power Authority (PREPA) under permit ap- sands of people who will live, work or com- Montalvo Bello; Ramona Ramos Dias; mute daily near the pipeline’s ROW. The plication SAJ–2010–2881 (IP–EWG). This ´ Virgilio Cruz Cruz; Candida Cruz Cruz; Draft EA recognizes this fact when it states project involves the construction of a 92-mile Amparo Cruz Cruz; Gilberto Padua Rulla´ n; natural gas pipeline that would cross the is- that ‘‘the addition of the pipeline in the Sabrina Padua Torres; Maribel Torres community decreases public safety.’’ Like- land of Puerto Rico, starting at the munici- ´ ´ ´ ´ Carrion; Hernan Padın Jimenez; Rosa wise the value of property might be affected pality of Pen˜ uelas in the south coast, to Are- ´ ´ ´ Serrano Gonzalez; Jesus Garcıa Oyola; depending on the proximity to the ROW of cibo in north coast and then east to San ´ Sucesion de Ada Torres, compuesta por Car- the pipeline. Basic fundamental principles of Juan. According to the Draft EA, the pur- ´ men Juarbe Perez, Margarita Forestier justice require that people put in harm’s way pose of the pipeline is to supply natural gas ´ Torres y Ernesto Forestier Torres; Marıa or whose property, may be affected be able to to three power plants located in the north ´ Cruz Rivera; Cristobal Orama Barreiro; read and understand the Draft EA which con- coast. The project will have temporary and Haydee Irizarry Medina; Miguel Bae´z Soto; permanent impacts on 235 river and stream tains the basic findings of the USACE re- and Gustavo Alfredo Casalduc Torres. garding the risks of the proposed action to crossings; 1,500 acres of land; 369 acres of We anticipate that more groups and indi- their lives and property. wetlands (including various types of impor- vidual citizens will join this petition in the tant aquatic resources); the biodiversity-rich coming days or weeks. NEPA AND CEQ REGULATIONS and underground water-abundant northern The purpose of this letter is to formally re- The Draft EA for the proposed Via Verde karst zone; private and public forested lands; quest that the USACE prepare a Spanish Pipeline project was prepared by the USACE natural reserves; archaeological sites; areas version of Draft EA and other key docu- pursuant to an environmental review process

VerDate Mar 15 2010 04:54 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.002 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8191 required under NEPA. NEPA’s environ- of the CEQ guidelines state that would likely end up in the hands of vio- mental review process has two major pur- ‘‘[e]nvironmental impact statements shall be lent Mexican drug cartels. The ATF poses: (1) for agencies to make better in- written in plain language and may use appro- lost track of the guns after they were formed decisions; and (2) for other interested priate graphics so that decisionmakers and sold to criminals. Since then, many agencies and citizens alike to have an oppor- the public can readily understand them’’ tunity to participate and provide input in [emphasis added]. Courts have interpreted have been used in hundreds of crimes the review process. Courts have repeatedly this ‘‘plain language’’ provision as to require on both sides of the border, including interpreted the statute as requiring agencies Federal agencies to provide the public with the murders of a Border Patrol agent to grant meaningful and adequate participa- comprehensive information regarding envi- in Arizona and an immigration officer tion to the public by disclosing all non-ex- ronmental consequences of a proposed action at the U.S. embassy in Mexico City. empted documentation the agency used and and to do so in a readily understandable Why did the Attorney General allow by allowing the public to submit comments manner. See Klamath-Siskiyou Wildlands Cen- for the transfer of guns across the bor- in a process that guarantees that the agency ter v. Bureau of Land Management, 387 F.3d der without working in conjunction will take into account the public’s com- 989 (2004), ‘‘While the conclusions of agency ments. expert are entitled to deference, National with Mexican authorities when he In light of these obligations, USACE has Environmental Policy Act (NEPA) docu- knew the ATF was unable to trace repeatedly promised that it will take into ments are inadequate if they contain only them? That’s a very important ques- account all the comments submitted by the narratives of expert opinions, and the docu- tion that must be answered. This people of Puerto Rico. A 30-day period is not ments are unacceptable if they are indecipher- botched program should never have enough time to give the people of Puerto able to the public’’; Earth Island Institute v. been authorized in the first place. At- Rico a meaningful opportunity to read, ana- U.S. Forest Service, C.A.9 (Cal.), 442 F.3d 1147 torney General Holder should resign lyze, evaluate and then comment on this 110- (2006), certiorari denied 127 S.Ct. 1829, 549 U.S. over his failure and his evasive and page long Draft EA for this highly complex 1278, 167 L.Ed.2d 318 (emphasis added), ‘‘A and controversial project. Moreover, the final environmental impact statement contradictory testimony to the United USACE has overlooked the fundamental fact (FEIS) must be organized and written so as to States Congress. that Puerto Rico is a Spanish-speaking na- be readily understandable by governmental de- f tion and the Draft EA, a, highly technical cisionmakers and by interested non-profes- document, and other key documents are sional laypersons likely to be affected by actions THE REINS ACT AND MINE written in the English language. If affected taken under the FEIS’’ [emphasis added]; Or- SAFETY and concerned citizens are not able to read egon Environmental Council v. Kunzman 817 The SPEAKER pro tempore. The the key documents under review, their par- F.2d 484 (1987), ‘‘Readability requirement of Chair recognizes the gentleman from ticipation will not be meaningful and ade- Council on Environmental Quality regula- California (Mr. GEORGE MILLER) for 5 quate as the statute requires. tion mandates that environmental impact Through NEPA, Congress ordered the statement be organized and written so as to minutes. Council on Environmental Quality (CEQ) to be readily understandable by governmental Mr. GEORGE MILLER of California. issue regulations governing federal agency decision makers and by interested nonprofes- Mr. Speaker, Members of the House, implementation of the NEPA environmental sional laypersons likely to be affected by ac- later today, the House will consider the review process. These CEQ regulations are tions taken under the environmental impact REINS Act, which is legislation de- binding on all federal agencies. Section 1506.6 statement’’ [. . .] ‘‘Upon review of environ- signed to make sure that in a Repub- of the CEQ regulations, regarding public in- mental impact statement, parties may intro- lican-controlled Congress, no new regu- volvement, states that agencies shall: duce evidence concerning reading level of af- lations would be put into effect, wheth- (a) Make diligent efforts to involve the public fected public and expert testimony concerning in preparing and implementing their NEPA indicia of inherent readability. National Envi- er they deal with clean drinking water, procedures. ronmental Policy Act of 1969, § 102, 42 clean air, child safety, the safety of (b) Provide public notice of NEPA-related U.S.C.A. § 4332; b5 U.S.C.A. § 706(2)(A, D)’’ children when they play with their hearings, public meetings, and the avail- [emphasis added]. See also National Resources toys, the drugs that so many citizens ability of environmental documents so as to Defense Council, Inc. v. United States Nuclear need to take to maintain their health, inform those persons and agencies who may be Regulatory Comm’n, 685 F.2d 459, 487 n. 149 or occupational safety at the work- interested or affected. (D.C.Cir.1982); Baltimore Gas & Elec. Co. v. 1. . . . place. All of that would be destroyed NRDC, 462 U.S. 87 (1983); and Warm Springs under the REINS Act. 2. . . . Dam Task Force v. Gribble, 78 F.Supp. 240, 252 3. In the case of an action with effects pri- (N.D.Ca1.1974), aff’, 621 F.2d 1017 (9th You might ask yourself what would marily of local concern the notice may in- Cir.1980). These requirements for EISs apply society look like? Well, we had a pre- clude: equally to EAs, as indicated in the CEQ regu- view of what that society looks like (i) . . . lations’ use of the term ‘‘environmental doc- yesterday when the Mine Safety and (ii) . . . uments’’ rather than EISs alone. (iii) Following the affected State’s public Health Administration released its re- In the case of Puerto Rico, a Draft EA that port on the Upper Big Branch mine. notice procedures for comparable actions. is highly technical and written in the (iv) . . . What that society looked like to these English language is ‘‘undecipherable’’ and (c) . . . miners and to their families was 29 not ‘‘readily understandable’’ in order be (d) Solicit appropriate information from properly assessed and commented by lay per- dead coal miners, because the Massey the public. sons whom in their wide majority are not Corporation was basically allowed by (e) . . . its board of directors to evade the basic (f) Make environmental impact state- fluent in the English language. ments, the comments received, and any un- f regulations that were in place to pro- tect the miners. derlying documents available to the public ATTORNEY GENERAL ERIC . . . [emphasis added] Although the miners don’t have whis- When a Federal provision requires ‘‘dili- HOLDER MUST RESIGN tleblower protections, we saw that gent efforts to involve the public’’, to ‘‘in- The SPEAKER pro tempore. The Massey was able to intimidate the form those persons [. . .] who may be inter- Chair recognizes the gentleman from workers every day not to report safety ested or affected’’, and to ‘‘solicit appro- Louisiana (Mr. BOUSTANY) for 5 min- violations, not to write up safety viola- priate information from the public’’ in a utes. tions, not to report things that needed Spanish-speaking nation like Puerto Rico, Mr. BOUSTANY. Mr. Speaker, U.S. regarding a project so controversial and of to be repaired, because the chairman of such a scope and magnitude as Va Verde, the Attorney General Eric Holder must re- the board told them the priority was only way to comply with the provision is by sign immediately. After months of the production of coal, not the safety providing the information’ in the common evading tough questions and giving un- of the workers. language spoken. Likewise, in the case of an clear answers about Operation Fast action with effects primarily of local con- and Furious, it now appears the Justice b 1010 cern, as in the case of Va Verde, section Department’s top official has contra- Produce the coal or get out is what 1506.6 (b)(3)(iii) orders the agency to follow dicted his own testimony given before he told them. So they were not able to ‘‘the affected State’s public notice proce- Congress. participate in their own safety when dures for comparable actions’’ which for Under Operation Fast and Furious, they saw a violation or they saw a Puerto Rico would be a draft EA in the Span- ish language. the Bureau of Tobacco, Alcohol, and problem that caused danger in the CEQ regulations offer additional reinforce- Firearms allowed ‘‘straw’’ purchasers mine. ment in order to guarantee an adequate pub- to buy at least 1,400 weapons, despite They also were able to circumvent lic participation. For instance, section 1502.8 the fact it knew that these weapons the right of the mine safety inspections

VerDate Mar 15 2010 04:54 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.004 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8192 CONGRESSIONAL RECORD — HOUSE December 7, 2011 in the mines because they gave ad- crushed. They’re crushed. But you Speaker, the oil that still seeps to the vance warnings. They were told if a can’t do that by eliminating the regu- surface from the hull of the battleship Federal mine inspector comes onto the lations. It’s the regulations in place Arizona. property, you must give advance warn- that have saved miners’ lives; but it’s Luke Trahin and his Navy buddies in ing to the people in the mine so they the avoidance of the regulations, the Patrol Wing One quickly got organized, can divert the mine inspector away ignoring of the regulations, and it’s the prepared, and waited for 2 days for the from the problems in the mine, take up failure of this Congress to introduce expected land invasion by the Japa- their time while we can fix them, or tough sanctions. nese. It never came. But America was he’ll run out of time to inspect the When you obstruct a Federal safety at war. It was World War II, and the mine. There’s regulations against that. investigation, it should be a felony. war was long. It spread from the Pa- There’s laws against. They avoided Somebody should go to jail. When you cific to Europe to Africa to the Middle those. obstruct the right of a worker to blow East to Asia. The Japanese, then the Then they kept two sets of books so the whistle on an unsafe procedure, Nazis, seemed undefeatable. But even that the mine regulators couldn’t see there’s got to be a strict fine for that. the Japanese were concerned about the the real level of violations in the That’s how we reignite the American spirit of America. The Japanese com- mines. That’s what it looks like when Dream. mander of the Pearl Harbor invasion you don’t have regulations. That’s We’ve got a lot of work to do in this remarked that what Japan had done what it looks like when you don’t have Congress, but you can’t do it by stop- was wake a sleeping giant. enforcement. ping all regulations that protect our And it’s the conclusion of the mine families, that protect our commu- World War II was hard. Millions safety report that mirrors one that was nities, that protect the workers in served in uniform overseas; millions done by the State government. The America today. served on the home front; all sacrificed for the cause of America. The Nation conclusion is that the tragic death of f 29 miners and serious injuries of two woke from a somber sleep of neutrality others in the Upper Big Branch mine PEARL HARBOR and, with our allies, defeated the ty- were entirely preventable—entirely The SPEAKER pro tempore. The rants that would rule over the world. preventable—had regulations been en- Chair recognizes the gentleman from That was a time when Americans put forced in that mine, had this company Texas (Mr. POE) for 5 minutes. aside all differences and united to de- not been allowed to go rogue and ig- Mr. POE of Texas. Mr. Speaker, the fend freedom in our Nation. When the nore the regulations that are there to sun was lazily rising on the horizon. It war was won, over 400,000 Americans protect the miners’ lives. was around breakfast time on a stun- had given their lives for this nation. We must now understand what that ning Sunday morning. It was quiet, Mr. Speaker, I’m always intrigued by means to the American public, what it peaceful, calm. People felt secure. the stories of those war heroes and the means to these families. There was a small tropical breeze as folks of that generation. There isn’t What could have been contained, the American flag was being raised on one of them that cannot recall the what could have been contained as a a nearby flagpole. exact moment and place they were mine or a coal dust explosion or a lo- It was this day that Luke Trahin, a when they heard the news of Pearl Har- calized methane gas explosion became 22-year-old sailor from southeast bor. Both of my parents, barely teen- an explosion that traveled 2,000 feet per Texas, noticed large formations of air- agers at the time, still talk about what second—2,000 feet per second. There is craft darkening the glistening sky. He they were doing when they heard on no miner that could get out of the way kept watching in awe until suddenly the radio that broadcast that Sunday of that act. the aircraft broke formation, dove morning about the invasion. And what happens at the end of that from the sky, and unleashed a fury of world without regulation, where you deadly, devastating bombs and tor- Until September 2011, this was the don’t have to put up with paying fines, pedoes on a place called Pearl Harbor deadliest attack on American soil. where you can clog the courts with ap- in the Pacific. It was this day, 70 years ‘‘December 7, 1941, a date that will live peals? When the Massey Company was ago this morning, when Luke Trahin in infamy.’’ Those were the words of sold, the board of directors that al- and his fellow sailors, soldiers, and ma- President Franklin Roosevelt that be- lowed this to happen, the executive of- rines saw war unleashed upon America. came forever embedded in the minds of ficers that directed this to happen, the It was December 7, 1941. patriots across our land igniting and officers walked away with $90 million The Japanese had caught America by launching a nation into the fiery in bonuses; the board of directors surprise and took advantage of an un- trenches of battle throughout the walked away with $19 million in bo- prepared nation. And after the smoke world. nuses. And Don Blankenship, the CEO cleared on that morning of madness, 98 Those of that Greatest Generation of the company that wrote the memo Navy planes and 64 Army aircraft were proved that when freedom of this Na- that said it’s production of coal or get destroyed. Luke’s unit, Patrol Wing tion is threatened, our people will out, it’s not safety, walked away with One, lost all but three of its 36 aircraft. stand and fight. They will bring the $86 million. 2,471 Americans, servicemen, and civil- thunder of God upon our enemies. De- And now get this: Don Blankenship, ians, were killed by this unwarranted fending freedom and liberty was the the CEO, now wants to go back into the invasion of terror from the skies. battle cry of the sailors, marines, and coal business after killing 29 miners. The pride of the United States Navy, soldiers that died 70 years ago at Pearl And whether it’s the State of Virginia the battleships—West Virginia, Cali- Harbor. or the State of West Virginia or Ken- fornia, Oklahoma, Tennessee, Utah, We remember December 7, 1941, and tucky or anywhere else, the suggestion Maryland, Nevada, and Arizona—were the Americans who stood tall and kept is that they might be able to give him trapped in the harbor. They made easy the flame of America burning brightly. a permit to open up a mine. Twenty- targets for the Japanese pilots. The They were a remarkable bunch of peo- nine miners are dead, violations of law, sailors onboard these battle wagons ple. They were the Americans. a criminal corporate culture, and fought with the courage of an entire le- somebody else says that they might be gion of warriors when they were at- My friend, Petty Officer Luke able to go back into the mines. tacked by a skillful, fanatical, and ty- Trahin, stayed in the United States You will not reignite the American rannical enemy. All of these fierce U.S. Navy for 38 years, either on active or Dream for workers in this country if Navy battleships were sunk or dam- reserve status. He wore his uniform you take away their rights at work. aged. Their guns, Mr. Speaker, are now every Memorial Day, every Veterans You will not reignite the American silent. Day, and spent a lot of time speaking Dream for the middle class if they have The hull of the USS Arizona became proudly about this country. He died 4 no rights at work, if they’re subjected the sacred graveyard in the peaceful years ago on December 5, 2007. He was to this. For these families who lost the Pacific for more than 1,177 American 89 years of age. 29 members of their families, they’re sailors and marines. I have seen, Mr. And that’s just the way it is.

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.004 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8193 UNEMPLOYMENT INSURANCE thousands of American across this How many more American boys and EXTENSION country. girls will have to die and give their legs The SPEAKER pro tempore. The Molly has battled unemployment in the next 3 years for a corrupt leader? Chair recognizes the gentlewoman from since October 2008. She wonders how I’ve asked the Department of Defense, Ohio (Ms. FUDGE) for 5 minutes. the rich and powerful expect people and I wrote Secretary Panetta and Ms. FUDGE. Mr. Speaker, I rise to like her to survive without good-pay- asked him that question. Give me your address the urgent need to extend un- ing jobs. ‘‘Are we just supposed to die,’’ projections of how many more young employment insurance for struggling she asks? ‘‘Commit suicide? Starve to men and women will have to die and Americans. Forty-five percent of all death while we are homeless and on the lose their legs. I hope that I get that unemployed workers—more than 6 mil- streets?’’ response soon. lion people—have been out of work for Molly says: ‘‘The deck really seems That brings me to the point of a more than 6 months. to be stacked against ordinary Ameri- young marine I saw at Walter Reed/Be- Karen, from Cleveland, was laid off in cans. No one with any real power seems thesda about 3 weeks ago. There were March. She was laid off from a law firm to care, except Warren Buffett.’’ four marines from the Third District of due to budget constraints. She is 62 ‘‘I’m trying to find a good job,’’ she North Carolina. Three have lost both years old and unable to find a job in says, ‘‘or any job for that matter. We, legs, and the one that had lost only one this economy. Unemployment insur- the unemployed are demonized by the leg, a corporal, mom sitting in the ance is helping her to get by with just right and discriminated against for room, said to me, Sir, may I ask you a the basic necessities. It is allowing her being out of work. We’re too old or question? I said certainly you may. to pay for expensive but necessary pre- overqualified or underqualified, or Why are we still in Afghanistan? And I scriptions. She is actively looking for we’re the wrong color. What has hap- looked at him and I said, I don’t know work, but she is afraid that if her un- pened to my country?’’ she asks. why we’re still there. employment benefits are cut, she will These are the stories of everyday Mr. Speaker, it makes no sense. The lose her house. Karen’s State unem- Americans who are struggling to get American people and the people of the ployment benefits can run out at the by. This is not about Democrats and Third District of North Carolina are end of December. Republicans. This is about coming to- saying, we have won; bin Laden is dead; gether to help millions of unemployed al Qaeda has been dispersed all over the b 1020 Americans get through the worst eco- world. If Congress fails to act to renew the nomic recession since the Great De- Mr. Speaker, it is time, as we debate Federal unemployment insurance pro- pression. It’s about helping our econ- these very difficult, complex issues for gram, she’ll become just another sta- omy grow and about creating jobs. our Nation, that we get smart with our tistic, one of the millions of Americans Americans are frustrated with the foreign policy. And smart means, let’s who identify themselves with the 99 decline of the middle class and the lack don’t try to police the world. percent. Karen, along with 6 million of good-paying jobs. But these honor- History has proven you will never Americans, will be cut off from emer- able citizens haven’t given up, and nei- change Afghanistan. It will never gency lifeline saving resources unless ther can we. We must act now. We change, no matter what we do or any Congress acts. must extend unemployment insurance. other country tries to do. Sandra, of Cleveland Heights, lost f So, Mr. Speaker, beside me is a post- her job in April 2011. It’s her third lay- er with a flag-draped coffin coming off WHY ARE WE STILL IN off. She is 59 years old. She never the plane at Dover. And with humility AFGHANISTAN? thought she would find herself in this I tell you today, Mr. Speaker, I’ve position at this age. The SPEAKER pro tempore. The signed over 10,400 letters to families Rather than defaulting on her mort- Chair recognizes the gentleman from and extended families who’ve lost loved gage, she has used up all of her retire- North Carolina (Mr. JONES) for 5 min- ones in Afghanistan and Iraq. ment savings. Now she is deeper into utes. I thank God that He has allowed me debt. When her unemployment funds Mr. JONES. Mr. Speaker, when we to have a heart large enough to feel the run out, it’s likely she will default. were home during the Thanksgiving pain of war, because I’ve never been to And being an older worker, it makes it break, like all my colleagues, I did as war. But when I sign those letters, I even harder. much as I could to be with the people feel the pain of the families, and I lick We see this scenario all too often of the Third District of North Carolina. every envelope that I send. across this Nation, hardworking Amer- The Third District is the home of Camp Mr. Speaker, with that, I want to icans getting laid off, using up their Lejeune Marine Base, Cherry Point Ma- close my comments by asking God to savings, and then losing their homes. rine Air Station, and Seymour Johnson please bless our men and women in uni- We’ve seen foreclosure rates soar, and Air Force Base, and over 60,000 retired form, God to please bless the families Americans are falling behind on their veterans in the Third District. who’ve lost loved ones fighting in Af- mortgage payments at a very rapid Since coming back to Washington, ghanistan and Iraq. God, please bless rate. In my district, more than 13 per- I’ve done two town meetings by phone. the House and Senate that we will do cent of homeowners are 90 or more What I heard while I was home during what’s right for the American people. days behind on their mortgage. Thanksgiving and the two town meet- Bless Mr. Obama that he will do what In 2010, unemployment benefits kept ings: Why are we still in Afghanistan? is right for the American people. 3 million Americans, including nearly 1 When I hear my colleagues in both And three times I will say, God, million children, from falling into pov- parties talking about the problems fac- please, God, please, God, please con- erty. Extending unemployment insur- ing the American people—unemploy- tinue to bless America. ance can prevent the loss of over 500,000 ment benefits, extending the tax cuts f jobs, according to the Economic Policy for middle class America—we all grap- Institute—500,000 jobs. ple with, both parties, how we are UNEMPLOYMENT INSURANCE You know why? Because UI payments going to pay for it. EXTENSION go directly into the economy. They Well, there is a man in Afghanistan The SPEAKER pro tempore. The support local businesses. They help cre- that is a crook and corrupt, who gets Chair recognizes the gentleman from ate jobs and reduce the demand for $10 billion a month that he doesn’t Minnesota (Mr. ELLISON) for 5 minutes. public services. If we don’t extend un- have to worry about. Poor Americans Mr. ELLISON. Mr. Speaker, before I employment insurance, it would be the are out here doing the best they can in begin my remarks, I want to publicly equivalent of pulling nearly $90 billion a very difficult economy, and we can’t associate myself with everything WAL- out of the economy in 2012. help them, but we can help a corrupt TER JONES just said. He is absolutely There’s one more story I’d like to tell leader in Afghanistan. It makes no right. you. It’s from Molly in Toledo. I tell sense. I hope that this Congress will Mr. Speaker, this holiday season Molly’s story because it embodies the come together and say to the Presi- Congress has chances, a couple of frustration felt by thousands upon dent, let’s not wait till 2014. chances right in front of them to do

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.006 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8194 CONGRESSIONAL RECORD — HOUSE December 7, 2011 what’s right for the American people AFGHANISTAN AK–47. And I talked to him through a and to side with the overwhelming per- The SPEAKER pro tempore. The translator, and he informed me that centage of Americans suffering out Chair recognizes the gentleman from not 2 days ago his daughter fell into a there in this economy. Illinois (Mr. KINZINGER) for 5 minutes. well and drowned. But yet he still be- For an entire year, the majority in Mr. KINZINGER of Illinois. There lieves that his village needs protecting. the House has not offered a single bill has been a lot of talk lately about Af- And he could be sitting at home to create a single job. In fact, the only ghanistan. You hear it every day. You mourning the loss of his daughter, and thing that the Congress has been doing heard it just a little bit ago about why I’m sure he mourned the loss, but he is creating an environment where pub- are we in Afghanistan? What are we was standing out defending his village lic sector jobs are cut, and where pri- fighting for? Isn’t it time to go home? because he wants what Americans vate sector jobs, though they have been I’ve got to tell you the easy thing to want, what anybody around the world growing, are offset by those public sec- do is to stand up and say let’s just de- wants. They want security. They want tor cuts, leaving us with an unemploy- clare victory and let’s leave, and then to be able to raise their family. BiBi ment rate which we’re happy to have whatever happens after we’re gone, just wants to live her life without at 8.6 percent, but within the historical that’s not our fault anymore. It’s not being beaten and sold into slavery. context is still a national disgrace and our problem. That’s the easy thing to Today, because of the American pres- an outrage to have unemployment at do. ence in Afghanistan and that of our co- 8.6 percent for so very long. But we’re You know, the America I grew up in alition partners, you see the picture at happy to have it because it has been as and continue to grow in and live in is the bottom of this, the best part of this high as 10. not the country that always picks the picture, and that is girls in school And now we’re threatening to leave easy thing. The thing about the Amer- learning to read and write, learning more than 2 million Americans, includ- ican DNA is, I believe we do typically that there is a world out there, learn- ing 13,000 in my home State of Min- the right thing. ing that despite where they were raised nesota, out in the cold during the holi- Now, let me tell you, I’m still a pilot and born, they, too, can have some of day season by taking away their unem- in the military. I still fly for the Air the freedoms and some of the privileges ployment insurance. National Guard, and I’ve had the privi- that folks in the rest of the world and Right now, 14 million people are un- lege and honor of serving overseas with especially in the United States have. employed, and companies really aren’t my fellow men and women in uniform. So let me say this. It is so easy to hiring. For most of these people, unem- Although most of my experience was in stand up and say this is not worth it. ployment insurance is the only thing Iraq, I remember in Iraq a time when But I’m going to tell you the second that’s keeping them in their homes and Members of this House stood up and verse of the Star Spangled Banner has not out on the street. said that the war in Iraq is lost, that a line that says ‘‘Oh conquer we must, According to the Census Bureau, un- there is no way to win, and it’s time to when our cause it is just.’’ employment insurance has pulled 3.2 just come home. Ladies and gentlemen, what we’re million Americans out of poverty last And we see today that now the Amer- doing in Afghanistan is not extending year. And that’s why Congress needs to ican troops are coming home from Iraq an empire. It’s bringing freedom to make sure that all Americans, Mr. but under a condition of victory. And millions of people, taking out jihadists Speaker, continue to have this vital while I have concerns about that time- that would kill people simply because lifeline available. table for withdrawal, I think anybody you believe differently than them, and Any credible economist will tell you would agree that that’s better than had we are standing up for freedom around that unemployment insurance creates we just in 2006 and 2007 folded up and the globe. The greatest disinfectant to jobs. Every dollar invested in unem- taken the easy way. terrorism is freedom. ployment insurance yields a return of So let me ask my fellow Members of Ladies and gentlemen, the fight in $1.52 in economic growth. Congress and let me ask the American Afghanistan, though difficult, is worth At least 200,000 jobs would be lost if people, what is it we’re fighting for in it, and I come in today and stand up Congress fails to pass the extension of Afghanistan? and say ‘‘God bless you’’ to those that unemployment insurance benefits. I have here a very disturbing but a have gone over there and put on the Congress must not leave Washington very appropriate picture of what it is uniform, and I say ‘‘thank you’’ for for the holidays without extending un- that we’re fighting for. your service to your country. The fight employment benefits that create jobs The young girl you see on the top, is worth it. and put money into the pockets and on her name is BiBi. BiBi is 17 years old. the tables of millions of Americans. When BiBi was 12 years old, she was f sold to somebody basically as a slave b 1030 TAKING CARE OF THOSE AT HOME as a result of a member of her family Both Democrat and Republican poli- committing a crime and selling her as The SPEAKER pro tempore. The ticians, we together have not passed reparations for that crime. For 5 years Chair recognizes the gentleman from that jobs bill. While the Republicans she was beaten by her husband until New York (Mr. RANGEL) for 5 minutes. are in the majority, and I believe bear one day she decided to run away to Mr. RANGEL. I have been so moved the weight of the responsibility, it’s a seek freedom. by the preceding gentleman’s remarks responsibility of every Member of Con- Well, she was caught. Her husband about the good work that Americans gress to call for the extension of unem- caught her, drug her back to his house, can do, especially when the argument ployment insurance benefits and jobs and the Taliban, as a way to enact jus- is which side are we on, terrorism or at this critical time. tice, forced him, with his brother hold- freedom. America can’t wait. We shouldn’t be ing her down, forced him to cut off her I don’t know how many cases in the leaving hardworking Americans high nose and to cut off her ears. She then world that the United States of Amer- and dry this holiday season. This holi- proceeded to basically crawl to her un- ica can intercede in, but I do know day season, we can spur economic cle’s house, and her uncle ignored her. that, as we see these horrible examples growth, create jobs, and strengthen the And somebody finally called the hos- of what people can do to their own peo- middle class by doing the right thing of pital, and they said go to an American ple, that we have thousands of Ameri- extending unemployment insurance forward-operating base. They’ll take cans who have volunteered to support benefits. care of you. our flag and the integrity of the United On behalf of the good people who play You hear the stories of the major States who have been killed. And it by the rules and lost their jobs because who took care of her talking about how just seemed to me that when we’re of Wall Street greed, and while this she showed up and talking about the talking about the protection of a majority looked the other way, I urge fright that she had in her eyes. human body, whether it’s losing a limb all of my colleagues to support the ex- I took a trip to Afghanistan recently or your sight or your face, no matter tension of unemployment insurance and saw a village where I saw a man what it is—and especially your life— benefits. who was standing on a berm with an that if America is going to take this

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.008 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8195 position, all Americans should be pre- poverty, and yet you can always dream these patriotic women for their com- pared to make the sacrifices as the that, in this great country, you can mitment to serving the needs of Amer- gentleman before me has. succeed. ica’s military community and for mak- I think it’s so unfair and borders on So many Members of Congress and so ing a difference in the lives of those corrupt when people talk about where many members of the Congressional who sacrifice the most. our American men and women should Hispanic Caucus are the first ones who Several years ago, I had the oppor- be, defending freedom in foreign coun- ever went to college—their parents tunity to be at the graduation at the tries, when America hasn’t spoken. were the first ones in generations who United States Air Force Academy. My Presidents haven’t declared war. And were able to become professionals—and son-in-law was graduating, and Sec- we find ourselves talking about volun- then had the great honor to represent retary Gates delivered the commence- teers when it’s abundantly clear that the United States of America in this ment address. At that time, he noted everybody does not assume the same Congress. that that freshman class was the first sacrifices, whether we’re talking about I am sorry to have deviated from why to enter the academy after 9/11, know- taxes or loss of life. I came to the well. What I can say to ing full well that they would be putting So whether we’re talking about Aus- other Members is: God bless America. themselves in harm’s way. tralia, Afghanistan, Iraq, before the We have to keep fighting for equality We have the finest volunteer military people make a decision—and that’s and justice for all. that the world has ever seen. May God what we’re for in the House—before f continue to bless this country with they make a decision, at least say that such men and women who will always IN HONOR OF THE BLUE STAR everyone has to participate in that de- stand for freedom. MOTHERS OF AMERICA cision and not those who, for economic f reasons, find themselves in commu- The SPEAKER pro tempore. The WALL STREET AND MF GLOBAL nities with the highest, the very high- Chair recognizes the gentleman from est unemployment. Colorado (Mr. TIPTON) for 5 minutes. The SPEAKER pro tempore. The And I laud what happens to all of us Mr. TIPTON. Yesterday, legislation Chair recognizes the gentlewoman from who volunteered, because when that that I sponsored, along with Senator Ohio (Ms. KAPTUR) for 5 minutes. flag goes up, you salute the flag. The MICHAEL BENNET from Colorado, passed Ms. KAPTUR. Mr. Speaker, numer- President becomes the Commander in the House floor. This bill for the Blue ous stories have come out over the last Chief, and there is only one thing to Star Mothers of America updated their few weeks, all detailing the corruption do. And that’s win and protect the in- congressional charter for the modern and outright fraud on Wall Street. tegrity of the United States. era. First, there was the recent news But I submit that we have to have a Mr. Speaker, I am privileged today, about former Secretary of the Treasury draft that’s a part of—what?—the particularly on this day as we com- Hank Paulson’s inappropriately tipping United States, and not a plea for those memorate the attack on Pearl Harbor off a few key friends from Goldman people, for economic reasons, who will 70 years ago, to be able to rise to honor Sachs and other Wall Street tycoons have to protect themselves. I don’t the Blue Star Mothers of America—the about the impending collapse of Fannie think I’ve ever said this before, but I people, the women of America, who Mae and Freddie Mac so that those was thinking that my brother volun- have been providing much needed as- friends could hedge and make money teered long before Pearl Harbor, which sistance to our Nation’s active duty on that insider knowledge. Then a today we commemorate, and so he was servicemen and -women, veterans, and judge in New York threw out one of the unable to say, nor I, that he volun- military families since 1942. orchestrated settlements between teered because we were being attacked. Founded during the height of World Citigroup, which was a bank at the War II, the Blue Star Mothers are a center of the wrongdoing, and the Se- b 1040 nonpartisan veterans’ service organiza- curities and Exchange Commission, Several years later, in 1948, when the tion, composed of mothers of current which allowed that bank to walk away war was over, I volunteered, and that and former servicemembers. Today, from cases of fraud without admitting was before the North Koreans invaded over 5,000 dedicated women perform a any wrongdoing. South Korea. I would like to walk wide variety of important volunteer This past weekend, ‘‘60 Minutes’’ away by saying how patriotic we both services for our troops, providing interviewed a former executive vice were; but really what motivated me transportation, supplies, food, and president at Countrywide Financial, a was the excitement my mother would emotional support. More than 225 local giant and duplicitous player in the U.S. get in receiving a check from my older chapters across the United States mortgage business. This woman was in brother. It wasn’t a question of wheth- carry out the mission of supporting our charge of fraud investigations at the er she loved him more; it was that she troops, our veterans, and the families company before the financial crisis. needed it. of our fallen heroes, as well as devel- According to her, ‘‘Countrywide loan I was a teenager—11, 12 years old. oping individual projects to assist the officers were forging and manipulating The one thing I knew, I wanted to specific needs of the military in their borrowers’ income and asset state- make my mother as happy as my own communities. Last month alone, ments to help them get loans they brother did and send her that allot- thousands of care packages were sent weren’t qualified for and couldn’t af- ment check. Yet, today, I have medals, to our troops overseas, and chaplains ford.’’ She went on to say that all of and I’ve been lorded by the Koreans and commanders across the military the recycle bins, wherever they looked and everyone else; but when I think received boxes of supplies and gifts to in that company, were full of signa- about it, there were economic reasons be able to be distributed to the com- tures that had been cut off of one docu- that made me a ‘‘hero,’’ and there are rades. ment and put onto another and then economic reasons that make the heroes The Blue Star Mothers were origi- photocopied or faxed. According to her, that we have who defend our country nally formed to bring their children the fraud she witnessed was systemic, and our flag so well. home, to ensure that they were given taking place in Boston, Chicago, I didn’t expect to talk about that; the benefits that they deserved, and to Miami, Detroit, Las Vegas, Phoenix, but in hearing that, 70 years ago, we provide them with a vast support net- and elsewhere. She was fired before she were attacked and of the American work upon their arrival. The organiza- could speak to government regulators lives that were lost and then of coming tion has since expanded to include about the extent of fraud she had docu- back to what has happened in Afghani- other forms of assistance, including re- mented. stan, I am reminded of how unfair this habilitation, family services, and civil What is most troubling is that these system is for the greatest country in defense. This was chartered by Con- stories are not isolated. The FBI testi- the world and of the hope and division gress in 1960. fied before Congress as early as 2004 that we’re losing and of what separates Mr. Speaker, it is an honor to be able that they were seeing an epidemic in us from so many other countries in to recognize the Blue Star Mothers of white collar crime. They stated the which you can be born into the pits of America, and I rise today to thank FBI did not have anywhere near

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.010 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8196 CONGRESSIONAL RECORD — HOUSE December 7, 2011 enough agents to investigate major can simply be stolen from a major hauling and detassling corn would white collar crime like the financial banking institution from the inside re- come under fire under the Depart- crisis. There are moments when I do quires full investigation, not just by ment’s current rule. wonder if the FBI has the will to pros- the Congress, but by the FBI. I’m re- Everyone agrees the safety of these ecute; but still, today, the FBI has no- minded of that book, written by Pro- young people and workers everywhere where near enough special agents or fo- fessor William Black, ‘‘The Best Way is of the utmost importance; but by al- rensic experts to properly investigate To Rob a Bank is To Own One.’’ Well, lowing such heavy-handed thoughtless the level of corruption that we know I wonder how much of that applies in regulation, we’re greatly restricting occurred. this case. opportunities for rural youth. These Frankly, the Congress has shorted It’s time that Wall Street, white col- jobs, often seasonal, teach young peo- the FBI—some might say purposely—of lar crimes, be prosecuted seriously, ple responsibility and the value of hard the resources it needs to do the job. I that this Congress do its job. Let’s pro- work; and they’re able to earn a little have a bill, which I invite my col- vide the FBI the resources it needs to spending money in the process. leagues to support, H.R. 3050, the Fi- fully investigate and prosecute, and I’m also a proud cosponsor of the nancial Crisis Criminal Investigation the committees of this Chamber use Farm Dust Regulation Prevention Act Act, authorizing an additional 1,000 their full authority to do no less. We of 2011, H.R. 1633, which the House is FBI agents to aggressively investigate surely owe this to the American people slated to consider later this week. This the kind of fraud that has destroyed and the cause of justice toward all. bill would prevent the EPA from regu- the economic future of millions of our f lating farm dust, or the type of dust people and that has upset the global fi- which naturally occurs in rural areas. nancial system. SUPPORT REINS ACT AND GOP Farmers and ranchers already are Back when we had the S&L crisis in REGULATORY REFORM AGENDA subject to strict Federal and State reg- the 1990s, we had 1,000 agents. Do you The SPEAKER pro tempore. The ulations to control dust. It makes no know how many were working when Chair recognizes the gentleman from sense for the EPA to impose costlier this financial crisis started? Forty-five. Nebraska (Mr. SMITH) for 5 minutes. requirements on top of the existing The others had all been reassigned to Mr. SMITH of Nebraska. Mr. Speak- standards. While the EPA has backed terrorism. We’re only up a little over er, I am pleased to speak today about off without legislative action, nothing 200 agents now investigating white col- the Regulations from the Executive in certainly prohibits the agency from lar crime. Think about that, America. Need of Scrutiny, or the REINS, Act. regulating farm dust in the future. Why do you think these financial This bill, which I have cosponsored, During a time of economic hardship, wrongdoers aren’t in jail? Frankly, this restores accountability to the regu- keeping the door open for additional Congress has not taken its responsi- latory process by requiring an up-or- regulatory overreach is not the answer. bility to investigate seriously. down vote in Congress and the Presi- Actually, I’m often reminded of a Despite the robust public reporting of dent’s signature on any new major rule meeting I had in southeastern Ne- misdeeds on Wall Street, it has not before it is enforced on the American braska with representatives from a been until the MF Global case, one of people. Federal agency, good people they are. the top 10 bankruptcies in this coun- Over-regulation, Mr. Speaker, is dev- One of them said it had been more than try, that Congress has shown some astating our economy and hindering 20 years since he’d ridden on a gravel mild interest in the magnitude of the job growth. Of the current administra- road. inquiry required. In November, we got tion’s new regulations, 200 are expected For me, this meeting certainly em- an inside look into the stunning mis- to cost more than $100 million each. phasized the disconnect between Wash- deeds—and let’s be blunt—outright Seven of those new regulations, how- ington and rural America. These are thievery that occurred at MF Global in ever, will cost the economy more than only a few examples of the regulatory the days before it declared bankruptcy. $1 billion each. At the current pace, the burden and uncertainty facing Nebras- The total amount missing from private current regulatory burden for 2011 accounts has fluctuated over the kans who recognize economic growth alone will exceed $105 billion. ultimately depends on job creators, not weeks. As much as $1.2 billion could be And the Federal Government has cre- missing from private customer ac- regulators. ated more than 81.9 million hours’ Mr. Speaker, I encourage my col- counts. worth of paperwork this year alone, Congress is finally having hearings leagues on both sides of the aisle to costing employers $80 billion just in on this subject tomorrow, and we’ll see support commonsense regulatory re- compliance. It’s no wonder a recent how seriously an investigation is pur- forms like the REINS Act. Gallup Poll found small business own- sued. Let me say that the public has a This is yet another step towards in- ers citing ‘‘complying with government right to know on what specific dates creased accountability, improving the regulations’’ as ‘‘the most important throughout 2011 money from customer regulatory process, and providing cer- problem’’ they face. accounts was wire-transferred in order tainty for job creators in my home Nebraskans have not been immune to to meet MF Global’s margin calls. State of Nebraska and in States all the reams of red tape being handed across this country. b 1050 down by Federal regulators. Just yes- f This is the key question. Members terday it was reported the city of should ask, probe, and exact the truth. Grand Island, Nebraska, population SMART: MORE SECURITY AT A The public has a right to know on what 51,000, will be saddled with a $3.2 mil- FRACTION OF THE COST specific dates through 2011 was money lion compliance cost due to a new Fed- The SPEAKER pro tempore. The from private customer accounts at MF eral emissions regulation. This EPA Chair recognizes the gentlewoman from wire-transferred in order to meet MF’s Cross-State Air Pollution Rule was fi- California (Ms. WOOLSEY) for 5 min- global margin calls. nalized June 1 and will be enforced utes. If Mr. Corzine authorized the taking January 1. Ms. WOOLSEY. Mr. Speaker, the vio- of those funds, then this body should But this is only one example. There lence rages on in Afghanistan. Earlier remind him that no one is above the are additional, even more costly rules this week, suicide bombers struck in law, not even someone who was a and unworkable timelines coming down three different cities, in each case tar- former Goldman Sachs CEO, former the pike, all of which mean a much geting Shiite worshipers who are ob- Governor and U.S. Senator. Whichever longer winter for Americans struggling serving a religious holiday. friends and associates aided his actions with high energy costs. The death toll is at least 63, accord- in that company should be brought But it doesn’t stop there. Recently, ing to a news report; and a Pakistani into full sunlight, as well as other com- the Department of Labor proposed a extremist group has claimed responsi- panies that were likely involved in misguided rule which would restrict bility for the attacks. One eyewitness those wire transfers. youth involvement in agriculture told The New York Times: ‘‘We saw 30 The fact that hundreds of millions of work. Yes, Mr. Speaker, anything from or 40 people on the ground missing dollars, if not over a billion dollars, milking cows and feeding calves to arms or legs.’’ Another said the Kabul

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.012 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8197 blast was timed to wreak the max- b 1100 tion I’ve been working on. Last month, imum havoc, as the bomber detonated Mr. Speaker, because it’s the right I introduced a bill that would rein in at the moment that the crowd was thing to do and because it’s the best the Obama administration’s Federal largest, when one group was going into way to protect America, let’s bring our takeover of the State regional haze a mosque and another was exiting. troops home and make the transition management, which threatens to cre- In the 10 years of this war, it’s the to SMART Security. And let’s do it ate more business uncertainty and sti- first attack specifically against Shi- now. fle job creation. It will also increase ites, adding a sectarian angle and reli- the energy costs for American families gious tension that hadn’t previously f and small business. And today, I will been prevalent in the Afghanistan con- REGS AGENDA proudly vote in support of the REINS flict. Act, which is a much-needed measure Mr. Speaker, how can we call our oc- The SPEAKER pro tempore. The to rein in this regulatory overreach. cupation of Afghanistan a success Chair recognizes the gentleman from But this agenda is not simply the when, after 10 years of attacks like this North Dakota (Mr. BERG) for 5 min- sum of this past year; it’s also a path and making a young woman like BiBi utes. moving forward to rein in the over- who was talked about on the other side Mr. BERG. Mr. Speaker, as I talk reaching, out-of-touch government reg- of the aisle earlier this morning, make with North Dakotans, it’s clear we’re ulations that burden small business, her victimization and her terrorization all frustrated with Washington. farms, and ranches each and every day. commonplace. When this is common- ObamaCare is a disastrous law that I will continue to add to this agenda to place, we cannot be having success in 70 percent of North Dakotans do not fight against the job-killing regula- Afghanistan. want. Unemployment remains unac- tions that threaten small businesses’ The truth is our continued military ceptably high, making it clear that ability to create jobs and grow our presence is aggravating the violence, President Obama’s government stim- economy. not containing it, and certainly not ulus did not work. Washington bailed The number one thing we can do to stopping it. I’m not saying that Af- out Wall Street while Main Street con- get our economy back on track, to give ghanistan will be magically trans- tinues to suffer. And Washington per- small business certainty, to grow and formed when the last of our troops sistently fails to uphold its responsi- create jobs, is to rein in President leaves; but our best hope for peace, for bility to balance the budget. Obama’s overbearing regulations. security and stability there is a swift Meanwhile, the Obama administra- They’re burdening job creation, and it end to this war. tion continues to pursue overreaching adds more cost and more redtape. But here’s another important thing, regulations that create more redtape Through the REGS Agenda, I’ll con- Mr. Speaker. If we do this right and and uncertainty for North Dakota’s tinue fighting to bring regulatory re- have an end to the war that is mean- families, farms, and small businesses. lief to the American people. These burdensome regulations threaten ingful, it would mean the beginning of f an even more robust engagement with job creation, and they are the biggest Afghanistan, an engagement based on challenge facing our economy. We need VOTER SUPPRESSION LAWS the principles of SMART Security, in to take serious steps today to halt the The SPEAKER pro tempore. The other words, a peaceful partnership Obama administration’s regulatory Chair recognizes the gentlewoman from based on mutual respect, assistance to overreach. California (Ms. LEE) for 5 minutes. strengthening Afghanistan’s demo- That’s why I announced my REGS Ms. LEE of California. Mr. Speaker, cratic infrastructure, not with military Agenda: Reduce the redtape; Empower first let me take a moment to thank force, but with civilian support. the States; Grow the economy, and the gentlelady from Ohio, Congress- SMART Security would empower the Stop President Obama’s overreach. woman MARCIA FUDGE, for her fearless Afghan people investing in their hopes This agenda is the result of talking and tireless leadership in protecting and dreams, instead of bringing further with North Dakotans and learning our democracy and the bedrock, of violence to their country. Military re- about the impact of senseless regula- course, of our country, and that is the deployment out of Afghanistan can’t tions on North Dakota’s farmers, right to vote. She has done an amazing and won’t mean a complete withdrawal ranchers, and small businessmen. job keeping us very focused and point- from Afghanistan. During my recent regulations tour, I ed with all of the information we need So I hope that every single one of my spoke with energy providers who are to try to address this in a big way. colleagues who has eagerly rubber- concerned about the EPA’s regional Once again, I am here today to sound stamped war spending year after year, haze requirements that could cost the alarm because, make no mistake even while complaining about the North Dakota over $700 million just to about it, the fundamental right to vote United States budget deficits, will comply. Farmers told me about the for- which is at the heart of our democracy, show the same enthusiasm and the ever-changing fuel storage mandates it is under attack. Republican legisla- same support for a humanitarian surge that added new costs. And I heard how tors and governors are proposing par- in Afghanistan. the new EPA regulations on gas gen- tisan laws that require voters to show I have to shake my head, Mr. Speak- erators could cost a North Dakota government-approved photo IDs before er, every time I hear someone say we school district a quarter of a million voting. can’t afford such generous foreign aid. dollars. This cost is not because they Now, I came to this floor years ago Talk about penny wise and pound fool- are using generators more than al- after the stolen Presidential elections ish. Last fiscal year we spent roughly lowed; the cost is because the EPA sim- in Florida and in Ohio to protest the $2.5 billion on development assistance ply doesn’t like which hours they’re results of those two elections that were in Afghanistan. Mr. Speaker, we go using it. filled with voter suppression. It worked through that much war spending in Af- The REGS Agenda is also the product for the Republicans before, and so leg- ghanistan every single week. The bot- of feedback I’ve received from North islators in 42 States on this map of tom line is that smart investments Dakotans at 10 public town hall hear- shame have doubled down on these provide more security at a fraction of ings I’ve held this year and through the strategies to make it harder for certain the cost, pennies on the dollar com- countless emails, letters, and phone communities to vote. pared to waging war. calls. The message was clear: Wash- These proposals would disenfranchise Allowing extreme poverty and wide- ington is not the solution, it’s the 21 million Americans. That’s over 1 in spread unemployment to prevail problem. 10 eligible voters in America who do throughout Afghanistan imperils our To get our economy moving again not have adequate identification. Now, national security as much as anything and our country back on track, Presi- how in the world, for example, would else. Where there’s hopelessness, that’s dent Obama and congressional leaders my 100-year-old aunt get her birth cer- where insurgents get a foothold. Noth- could learn a lot about how we do tificate to prove who she is to get a ing breeds terrorism like hardship, dep- things in North Dakota. The REGS government ID to vote? She wouldn’t rivation, and despair. Agenda is also the product of legisla- know where to start, nor how to pay

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.014 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8198 CONGRESSIONAL RECORD — HOUSE December 7, 2011 for it. And it’s no coincidence that a ternative for millions of Americans, American Government. I’m talking disproportionate number of these dis- but we must do more to help them. about military assault and rape. I’m affected voters come from communities Today, one out of every three new jobs talking about the 19,000 soldiers each of color as well as the poor, the elderly, is created by self-employed startup year who are victims of sexual assault and students. businesses. or rape in the military. Those are fig- Fully one in four otherwise qualified ures by the Department of Defense. Yet b 1110 African Americans would be unable to only 13 percent will report because vote under these voter-ID laws. Around But we can do better. Compared to they know that if they do report, they one in five Asian Americans, Latinos, other wealthy countries, the U.S. will be summarily removed from serv- and young adults between the ages of ranks 23rd in new businesses formed ice. In fact, 90 percent of them are in- 18 to 24 would be blocked. per thousand working adults. These en- voluntarily honorably discharged from In my home State of California, a trepreneurs take risks to make it on the military after they report a rape. voter-ID bill was introduced to sup- their own, but they could do better if So what are we doing about it? Well, press voter participation. It would cost we help them be competitive. That is I have good news this morning to re- $26 just to get the required documents why yesterday I introduced the Entre- port. A few weeks ago, not far from to qualify for a government-issued ID. preneur Startup Growth Act. here, a nonprofit organization, Protect Now, having been born and raised in One of the most intimidating times Our Defenders, was born. It was Texas, this certainly looks like a poll of the year for new owners is tax sea- launched to give voices to survivors of tax to me, which those of us remember son, as they learn and navigate the dif- sexual assault in our military. More as a way to prevent African Americans ferent tax standards for businesses. My than 6,000 Americans have signed sur- from voting. These voter-ID laws have bill turns this tough time into an op- vivor Terry Odum’s petition, whose a partisan agenda seeking to disenfran- portunity by offering not only afford- story I’ve told here on the floor. chise and deny specific populations of able business tax assistance but busi- Terry’s petition demands Congress voters before they have the oppor- ness development services so that these take the reporting of sexual assault and rape outside the normal chain of tunity to elect their representatives in companies can get the advice they need command. I imagine many of my col- government. These partisan laws are in order to grow. leagues have received emails and shameful, and they’re a disgrace to our This bill builds on the Self-Employ- tweets or Facebook messages from country. ment Tax Initiative launched by CFED, their constituents about this issue. If these Republican lawmakers were the Corporation for Enterprise Devel- This is a movement, and we must ad- truly concerned with fighting voter opment, a nonprofit economic oppor- dress it. Our troops protect us, and we fraud, they would take on actual docu- tunity organization. According to must protect them. Both Republicans mented problems such as distributing CFED, nearly two-thirds of all self-em- and Democrats should be able to agree fliers with false information meant to ployed people are operating business that we need to fix this system. trick voters, improperly purging vot- startups. Self-employed startups in their first Today, I’m going to tell you the ers, or tampering with election equip- story of Petty Officer Amber De Roche. ment and forms. year of existence create an average of 3 million jobs per year. In fact, without Petty Officer De Roche served in the Instead, they are pushing laws de- Navy from December 2000, to December business startups, there would be no signed to change election outcomes by 2005. In August of 2001, Petty Officer De net job growth in the U.S. economy. reducing voting, repressing turnout, Roche was raped by two shipmates in a Nearly all net job creation since 1980 and turning the clock back to the days hotel while on port of call in Thailand. has occurred in self-employed startups of Jim Crow. This is the exact opposite One assailant ripped off Petty Officer less than 5 years old. They are critical of where our country needs to go. With De Roche’s clothes and held her down to our economy. almost 40 percent of eligible voters reg- while the other assailant raped her. In my bill, community-based organi- ularly staying away from voting The assailants repeatedly took turns zations, local governments, and higher booths, we need to be expanding par- holding her down while the other would education institutions are eligible to ticipation in our democracy, making rape her. After they had their way with the ballot more accessible, not less. We apply for grants up to $75,000 to operate her, one of the rapists threw her in the cannot and we must not allow democ- this program. The IRS will work with shower in an attempt to wash off the racy to be undermined, especially the Small Business Administration to evidence. They then kicked her out of while we’re promoting democracy ensure that the operators of the pro- the room and onto the unfamiliar abroad. gram have expertise in both tax assist- streets of Thailand. We must unmask these shameful at- ance and business development assist- The following day, Petty Officer De tempts to disenfranchise voters. Let’s ance. Roche, with the help of a friend, went stop this partisan effort that strikes at This is a program that works. With to get a medical exam. Petty Officer the very core of our country. Let’s win such a modest investment in this as- De Roche was bruised and injured to this war against voters. We should be sistance, 62 percent of businesses were such a degree during the assault that about dismantling and reducing bar- able to get refundable tax credits such the physician had to stop the exam and riers so that we can really begin to re- as EITC and Making Work Pay, refunds began to cry. ignite the American Dream for those that they might otherwise have missed Petty Officer De Roche decided to re- who have lost hope. out on. The Entrepreneur Startup port her horrific experience to her So I want to thank my colleagues, es- Growth Act will help businesses grow command. What was her reward? She pecially Congresswoman FUDGE, for and help low-income households build became the target of severe harass- their calls to protect the right to vote the assets that they need in order to ment, was imprisoned in the medical on behalf of all the citizens across this survive. They will get the economic se- ward, and denied food. I know this great Nation. curity they desire. With this, we will sounds unbelievable, but this is going f be able to help people climb up that on in our military. ladder of opportunity and reach for When Petty Officer De Roche was re- ENTREPRENEUR STARTUP that American Dream. leased from the medical ward, her com- GROWTH ACT f mand refused to let her leave the ship The SPEAKER pro tempore. The and forced her to be on call 24 hours a Chair recognizes the gentlewoman from RAPE AND SEXUAL ASSAULT IN day without receiving any counseling THE MILITARY California (Ms. CHU) for 5 minutes. to help her cope with having been Ms. CHU. America doesn’t have a The SPEAKER pro tempore. The raped. Petty Officer De Roche sought small business problem; it has a start- Chair recognizes the gentlewoman from out the ship’s chaplain and told him up problem. That was the title of a re- California (Ms. SPEIER) for 5 minutes. she was suicidal as a result of the rapes cent Washington Post article. It point- Ms. SPEIER. I rise again today for and her subsequent mistreatment. ed to the fact that self-employed start- the 13th time to talk about a stain on Petty Officer De Roche was finally per- up businesses have been the chosen al- the American people, a stain on the mitted to leave her ship and serve out

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.016 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8199 the remainder of her duty on another those who sacrifice their lives to pre- standing devotion to the ministry, the ship. serve our freedom. O Lord, may we not churches he has served, and his fellow As if the horrifying assault and sub- squander it. Bless all wounded war- man. sequent mistreatment of Petty Officer riors, veterans and their families. Fill f De Roche is not heartbreaking enough, them and us with Your peace and joy ANNOUNCEMENT BY THE SPEAKER her predators didn’t get the punish- this Christmas season. PRO TEMPORE ment they deserved. In fact, something Give us wisdom, and lead us by Your very different. Instead of court- Spirit that the choices made here The SPEAKER pro tempore (Mrs. martialing the predators, her command would result in our country united, an MILLER of Michigan). The Chair will decided to handle the rapes with so- economy restored, and hearts grateful entertain up to 15 further requests for called nonjudicial punishments. The for Your loving care through Jesus 1-minute speeches from each side of the punishment required the rapists to Christ, our Lord. aisle. admit their crimes—so they admitted Amen. f them. They got 6 months docked pay f WHAT A GAME and a reduced rank for only one of the rapists. Both of the rapists were per- THE JOURNAL (Mr. JOHNSON of Ohio asked and mitted to remain on active duty. When The SPEAKER. The Chair has exam- was given permission to address the command informed Petty Officer De ined the Journal of the last day’s pro- House for 1 minute and to revise and Roche of the outcome, they also ad- ceedings and announces to the House extend his remarks.) vised her to ‘‘accept the situation’’ and his approval thereof. Mr. JOHNSON of Ohio. Madam refrain from speaking out against the Pursuant to clause 1, rule I, the Jour- Speaker, I would like to congratulate lack of punishment or accountability. nal stands approved. the gentleman from Illinois, Congress- man RANDY HULTGREN, on winning our Petty Officer De Roche’s story, like f many others, highlights a system that friendly wager on the MAC football PLEDGE OF ALLEGIANCE is unimaginable to so many of us and a championship game last Friday. The system that is so clearly broken. In the The SPEAKER. Will the gentleman participants in the game, Ohio Univer- military, a base commander has com- from Illinois (Mr. QUIGLEY) come for- sity and Northern Illinois University, plete authority and discretion over ward and lead the House in the Pledge are located in the districts that we are how a degrading and violent assault of Allegiance. privileged to represent. under his command is handled. The Mr. QUIGLEY led the Pledge of Alle- The game was an instant classic. commander can issue virtually any giance as follows: Both teams left everything on the field punishment for any reason. If they I pledge allegiance to the Flag of the and gave it their all and, in the proc- don’t want a black mark on their United States of America, and to the Repub- ess, made their universities and their record or their friends were accused or lic for which it stands, one nation under God, fans proud. if they simply don’t know the correct indivisible, with liberty and justice for all. The OU Bobcats jumped out to an way of dealing with a case, they can f early lead, but the Huskies of Northern Illinois fought back. They showed their issue just a simple slap on the wrist. WELCOMING REVEREND ROGER toughness and won the game on the My bill, H.R. 3435, the Sexual Assault SCHOOLCRAFT Training Oversight and Prevention game’s final play. Another way to say Act, the STOP Act, takes this issue The SPEAKER. Without objection, it is that OU won the first half and and puts it in the hands of others who the gentleman from Arkansas (Mr. that Northern Illinois won the second can handle it appropriately. WOMACK) is recognized for 1 minute. half. Both teams were worthy of par- There was no objection. ticipation in the game, but it’s a shame f Mr. WOMACK. Mr. Speaker, today it that either team had to come out on RECESS is my privilege to introduce Reverend the losing end. Roger Schoolcraft of Fayetteville, Ar- The SPEAKER pro tempore. Pursu- I am very proud of the OU Bobcats, kansas. ant to clause 12(a) of rule I, the Chair and I look forward to watching both Reverend Schoolcraft retired from declares the House in recess until noon teams compete in their bowl games and the ministry in 2008 after nearly 40 today. represent their schools in the same years in the ministry, serving con- Accordingly (at 11 o’clock and 17 fashion they did last Friday night. gregations in Iowa, Nebraska and, most minutes a.m.), the House stood in re- Congratulations to Congressman recently, in northwest Arkansas, where cess until noon. HULTGREN. he led St. John’s Lutheran Church in f f Fayetteville, Arkansas. SUPPORT THE PAYROLL TAX b 1200 Reverend Schoolcraft was called to the ministry in 1953 after accepting an EXTENSION AFTER RECESS invitation from a friend to attend a (Mr. POLIS asked and was given per- The recess having expired, the House Sunday school class at St. John’s Lu- mission to address the House for 1 was called to order by the Speaker at theran Church in Rochester, Michigan. minute and to revise and extend his re- noon. Mr. Speaker, Reverend Schoolcraft’s marks.) f service extends well beyond the walls Mr. POLIS. A huge tax increase is of the church. He served as campus pas- looming unless this House takes action PRAYER tor of the Lutheran Student Center at immediately. Unless this House takes Reverend Roger Schoolcraft, Fay- the University of Arkansas. He was a action in the next few weeks, a typical etteville, Arkansas, offered the fol- circuit counselor for 11 years and was American household earning $50,000, lowing prayer: assistant dean and dean for two na- $60,000 a year will see a tax increase of Almighty and most high God, Father, tional campus missionary institutes. $1,000 a year on payroll taxes—yes, Son, and Holy Spirit, You led our Fore- Locally, he was president of Coopera- Madam Speaker, a $1,000 tax increase fathers to weave Your presence in the tive Emergency Outreach, secretary- for middle class families, many of fabric of our Nation. Move us also to treasurer of the Fayetteville Ministe- whom have not seen any raises or in- acknowledge and trust Your presence rial Alliance, and treasurer for the creases for several years due to the re- among us daily. And although we may Council of Religious Organizations. cession. face many obstacles and adversities, Reverend Schoolcraft is married to People who are struggling to support continue to shower us with Your mercy Deborah Steen Schoolcraft; and they their families will see a $1,000 tax in- that we may recover. have two children, Andrea and Aaron. crease if this body does not act in the Today, we thank You for healing our On behalf of the United States House next several weeks. This is a tax in- Nation from the attack on Pearl Har- of Representatives, I want to thank crease that most families haven’t budg- bor 70 years ago. We are grateful for all Reverend Schoolcraft for his long- eted for and haven’t prepared for. They

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.017 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8200 CONGRESSIONAL RECORD — HOUSE December 7, 2011 haven’t assumed that this Congress is formally document this collection of new taxes, no jobs. No new taxes, no as dysfunctional as it potentially is if unfairness and inequity, burdens that new jobs. We must pass a responsible we fail to renew this tax increase. We are imposed on normal Americans who tax plan that extends the unemploy- shouldn’t let our dysfunction in this are just trying to live normal lives. ment benefits and gets the economy body harm the middle class and the It is incomprehensible that today we moving again. American people. are still dealing with such injustice. f I call upon my colleagues on both Congress created this injustice, and IMPLICATIONS OF GOVERNMENT’S sides of the aisle to support renewing Congress should correct it. Let the ADDING ADDITIONAL RED TAPE the payroll tax extension to make sure RECORD reflect these sentiments. AND ADDITIONAL REGULATIONS that middle class families are not f slapped with a $1,000-plus tax increase (Mr. DOLD asked and was given per- next year. LET’S REIN IN THE REGULATORS mission to address the House for 1 f (Mr. HULTGREN asked and was minute and to revise and extend his re- given permission to address the House marks.) SIXTEEN DAYS AGAINST GENDER for 1 minute.) Mr. DOLD. Madam Speaker, as a VIOLENCE Mr. HULTGREN. Madam Speaker, small business owner, I understand (Mr. POE of Texas asked and was $1.75 trillion annually—America’s job firsthand the implications of the gov- given permission to address the House creators are buried under the regu- ernment adding additional red tape and for 1 minute.) latory burden of about $1.75 trillion an- additional regulations. One clear exam- Mr. POE of Texas. Madam Speaker, nually. ple of this is the Dodd-Frank bill. Sehar, a Pakistani woman in an ar- The cost of the regulatory burden The Dodd-Frank bill was supposed to ranged marriage, was constantly raped from new regulations just this year is impose clear rules and regulations on and abused by her husband. He accused $67.4 billion, which is larger than the the financial industry so that another her of becoming a doctor only to at- entire State budget of Illinois, my economic disaster could be averted. tract men. He blamed her for the mis- home State. Studies and polls have However, this single piece of legisla- carriage that she had, and he con- shown us time and again that the regu- tion has imposed more uncertainty stantly beat her. He was angry when lations are a hidden form of taxation; into the marketplace. The bill imposes she gave birth to two girls rather than and just as our Tax Code is in need of literally hundreds of new rules and reg- to two boys, and he was an abuser of reform, so is our regulatory system. ulations, most of which haven’t even the girls and his wife. That’s why I’m proud to support the been written yet. As a result, busi- Sehar and her daughters were able to REINS Act. This commonsense bill will nesses are not growing and they’re not escape to the United States to find require that Congress approve every creating jobs, and this is in large part safety. She will not go back to Paki- new major regulation proposed by the because they don’t understand what to- stan because her former husband’s fam- executive branch in order to ensure morrow will bring. ily says they will kill her. that Congress, not unelected bureau- I did have an opportunity to talk to Violence against women, unfortu- crats, retain control and account- a smaller bank back in my district nately, is too common of a plight for ability for the impact of government that said, We’re not growing, with the women throughout the world. My on the American people. exception of adding people into our grandmother used to tell me that you Unless Congress acts decisively, this compliance department to cross the T’s never hurt somebody you claim you unchecked regulatory state will only and dot the I’s, but not a single person love. As the leader of the free world, it grow bigger and make things more was hired in order to try to get addi- is critical that the United States pro- complicated. Let’s pass the REINS Act, tional liquidity into the marketplace mote this simple truth throughout this and let’s give our job creators the cer- and help small businesses. country and other countries: tainty they need to grow, expand, and Rather than pile on rule after rule, Every person has the right to a life put Americans back to work. we should implement smart regula- free of violence. tions that truly protect consumers. I want to thank the gentlelady from f The last thing we want is another fi- Illinois (Ms. SCHAKOWSKY) for bringing b 1210 nancial disaster, so we should examine this to the attention of the Members of the implications of the rules and regu- TAXES Congress as we reflect on this fact dur- lations and ensure that the right regu- ing these 16 days against gender vio- (Mr. BACA asked and was given per- lations are in place and get America lence. mission to address the House for 1 back to work. And that’s just the way it is. minute.) f f Mr. BACA. Madam Speaker, this year will be a very difficult holiday season THE NEED TO PASS PAYROLL TAX THE DEFENSE OF MARRIAGE ACT, for millions of Americans looking for CUT AN AFFRONT TO AMERICA’S jobs. Sadly, these families are not get- (Mr. SIRES asked and was given per- VALUES ting the help they deserve from the Re- mission to address the House for 1 (Mr. QUIGLEY asked and was given publicans here in Congress. minute.) permission to address the House for 1 We have now reached 337 days of Re- Mr. SIRES. Madam Speaker, the ma- minute.) publican control here in the House, and jority has held 891 votes in this Cham- Mr. QUIGLEY. Madam Speaker, in we still do not have a jobs plan from ber, and we still see no plan for job cre- 1996 Congress passed the so-called De- the Republicans. ation. fense of Marriage Act, or DOMA. It was Benefits for over 6 million unem- To make matters worse, my col- then, as it still is today, an affront to ployed Americans are about to expire. leagues across the aisle have now fo- our country’s values—the values we And now, to make matters worse, Re- cused their efforts on opposing a tax hold true as established in the Declara- publicans are creating uncertainty for break for the middle class. They are tion of Independence, those of life, lib- the 160 million middle class families by opposing the extension of the Federal erty, the pursuit of happiness, and of stalling and extending the payroll tax tax holiday enacted earlier this year equality and fairness for all. cut. that gave virtually all working Ameri- On October 7 of this year, I held a Why are these Americans forced to cans a much needed tax cut, reducing field forum in Chicago, along with my wait? Because Republicans refuse to taxes for over 160 million American colleague JAN SCHAKOWSKY, to hear ask those making more than a million workers. from legal experts and gay and lesbian dollars to pay their fair share. Million- Economic uncertainty both here in couples about the real-world harm aires are not paying their fair share. the U.S. and abroad makes this a dan- caused by DOMA. The findings were We must act now on those lifelines of gerous time to eliminate an important startling. I ask that the clerk enter all the middle class and allow the Bush tax cut that is saving American fami- of their testimony into the RECORD to tax cuts for the ultrarich to expire. No lies an average of $1,000 a year. Failing

VerDate Mar 15 2010 04:54 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.019 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8201 to extend the payroll tax holiday will ports, educational and cultural institu- Williamsville and Joan from Living- raise taxes on millions of Americans, tions. ston County, that we have to work taking over $120 billion out of the In western New York, Peace Bridge hard to protect this absolutely critical pockets of consumers and out of the trade impacts $9.1 billion in business program that ensures medical care for economy. sales, supporting 60,000 local jobs and our seniors and allows them to live Furthermore, at the same time the generating $2.6 billion in household in- their later years in dignity. majority is working to raise taxes on come and $233 million in local tax rev- As my seniors told me: Medicare is the middle class, they are willing to enue. All of this economic activity de- not an entitlement; it is a program we cut off the unemployment insurance pends on a Peace Bridge that is free of spent our entire lives paying into. And that has been keeping millions of congestion, one that is safe, reliable, I, for one, plan to protect it. Americans afloat. and predictable. f I applaud the efforts of this agree- Madam Speaker, let’s ensure that b 1220 millions of Americans enjoy this holi- ment and call on a renewed Federal day season and are not forced to worry focus on the northern border, gen- CONGRATULATING ED SNIDER about raising taxes or losing essential erally, and the Peace Bridge, specifi- (Mr. MEEHAN asked and was given assistance. cally. permission to address the House for 1 f f minute.) Mr. MEEHAN. Madam Speaker, I rise UNEMPLOYMENT HAS NOT BEEN MEDICARE PHYSICIAN PAYMENT SYSTEM to congratulate Ed Snider, the owner THIS PERSISTENT SINCE 1948 of the Philadelphia Flyers hockey club, (Mr. WILSON of South Carolina (Mr. FITZPATRICK asked and was on being inducted into the United asked and was given permission to ad- given permission to address the House States Hockey Hall of Fame. This is a dress the House for 1 minute and to re- for 1 minute.) special occasion, not only for the city Mr. FITZPATRICK. Madam Speaker, vise and extend his remarks.) of Philadelphia and the Delaware Val- for decades the fundamentally flawed Mr. WILSON of South Carolina. ley as a whole, but particularly for Medicare physician payment system Madam Speaker, last Friday the U.S. those who love the game of hockey, has created uncertainty and insta- Bureau of Labor Statistics announced myself included. bility, not only in the health care sys- November’s unemployment rate re- Ed’s tremendous success with the tem but in the larger economy. Flyers franchise—winning two Stanley mained above 8 percent. Over 13 mil- Every year physicians face the threat Cups and reaching the finals six lion American families are now with- of reimbursement cuts which, in turn, times—contributed to making Phila- out jobs. Nearly 25 million people are hinders their ability to provide the delphia a Class A hockey town. How- looking for full-time employment. The necessary care that patients need. The ever, the key is that he has really number of unemployed Americans has Sustainable Growth Rate rate formula given back to communities. not consistently remained at such a has constantly called for negative up- high percentage since 1948. Through his organization, the Ed dates to physician payments with the Snider Youth Hockey Foundation, he For the past 34 months, the American scheduled reductions accumulating people have been depending upon Con- teaches high-risk inner city boys and year after year, but Congress has con- girls from Philadelphia the game of gress and the President to cut Wash- tinually delayed the cuts. ington’s wasteful spending and enact hockey. But it prepares them with life Congress has a historic opportunity skills for success in school and life as policies targeting job creation and eco- to implement sound fiscal policy in the nomic growth. well. Hard work, honest effort, team- Medicare program in the context of work, dedication, and a solid work Since the Republicans regained the broad economic reforms. I believe we majority of the House in January, leg- ethic are instilled in these children as must pursue a fair, efficient, and af- life lessons and values as part of par- islation has passed that allows small fordable long-term solution to the businesses to grow and create jobs. It is ticipation in this program. It is Medicare SGR formula. I am com- through these lessons that his organi- past time for the President and liberal- mitted to working with my colleagues controlled Senate to change course to zation helps our children become good to pass commonsense legislation that and productive citizens. His philan- put our hardworking American fami- promotes efficiency, quality, and value lies back to work. thropic cause is significant to our re- and ensures access to medical services gion and to these young children in our In conclusion, God bless our troops, for Medicare beneficiaries. and we will never forget September the area. f Congratulations to Ed Snider on this 11th in the global war on terrorism, as recognition. on December the 7th we honor the he- MEDICARE TOWN HALL/DOUGHNUT roes of World War II. HOLE CLOSURE f f (Ms. HOCHUL asked and was given ENDING VIOLENCE AGAINST WOMEN BEYOND THE BORDER permission to address the House for 1 AGREEMENT minute and to revise and extend her re- (Ms. SCHAKOWSKY asked and was marks.) given permission to address the House (Mr. HIGGINS asked and was given Ms. HOCHUL. Madam Speaker, yes- for 1 minute.) permission to address the House for 1 terday I spoke with over 8,000 of my Ms. SCHAKOWSKY. Madam Speaker, minute.) constituents during a telephone town I rise today to join thousands of activ- Mr. HIGGINS. Madam Speaker, today hall to talk about the end of the open ists participating in the 16 Days Cam- the United States and Canadian Gov- enrollment period for Medicare, which paign by speaking out against violence ernments will announce a Beyond the occurs at midnight tonight. against women. Border agreement to ease border trade We also talked about the savings Violence against women is a viola- and travel in this era of heightened se- they are now receiving as a result of tion of fundamental human rights. It is curity. the closing of the legendary prescrip- a global problem of epidemic propor- I support this goal because in west- tion drug doughnut hole. More than 2.5 tions. One in three women worldwide is ern New York our future depends on in- million Medicare recipients across the beaten, coerced into sex, or otherwise tegrating our economy with the boom- Nation have saved $1.5 billion on their abused over the course of her lifetime. ing economy of southern Ontario by ex- prescription drugs this year alone. In That is why I am proud to be working panding the Bridge Peace that con- New York, we had 175,000 Medicare re- with Congressman TED POE to reintro- nects our two communities. The Peace cipients, and they received a 50 percent duce the International Violence Bridge is the busiest passenger crossing discount on prescription drugs, total- Against Women Act. The important at the northern border. Passengers ing over $113 million in savings, an av- bill would require a comprehensive using the bridge spend $133 million in erage of $650 per family. strategy to prevent and respond to vio- western New York annually in support Yesterday’s call was a reminder, lence against women and girls inter- of our retailers, sports franchises, air- when I was talking about Bill from nationally.

VerDate Mar 15 2010 09:05 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\PICKUP\H07DE1.REC H07DE1 frosa on DSK5VPTVN1PROD with HOUSE H8202 CONGRESSIONAL RECORD — HOUSE December 7, 2011 Violence against women is not just a As Seinfeld might say, yada, yada, millions of Americans who rely on this humanitarian tragedy; it is a global yada. critical safety net, will lose their as- health menace and a threat to national f sistance. This will have a devastating security. The United States can play a impact on these families and on our HONORING TRINITY SHAMROCKS significant role in protecting the economy. human rights of all women and ending (Mr. YARMUTH asked and was given Rather than providing subsidies to the violence against our sisters around permission to address the House for 1 Big Oil companies and arguing for the world. minute.) more tax cuts for millionaires and bil- f Mr. YARMUTH. Madam Speaker, lionaires, it’s time for Congress to with an average margin of victory of stand up for American families and to COMMEMORATING DECEMBER 7 more than 40 points, an undefeated sea- extend the payroll tax cut and unem- (Mr. CARNEY asked and was given son, and a win in the State champion- ployment compensation. permission to address the House for 1 ship that Sports Illustrated called the f minute and to revise and extend his re- team’s ‘‘finest offensive performance of EXTEND PAYROLL TAX CUT marks.) the year,’’ there can be no more debate: Mr. CARNEY. Madam Speaker, I rise Trinity High School Shamrocks is the (Ms. MCCOLLUM asked and was today to commemorate two very im- best high school football team in the given permission to address the House portant events in our Nation’s history country. for 1 minute and to revise and extend that occurred on December 7. As we Friday’s 62–21 victory over Scott her remarks.) know, today is National Pearl Harbor County in the 6A final completed a 25- Ms. MCCOLLUM. Madam Speaker, Remembrance Day. We pray for the game win streak, secured a second the temporary payroll tax cut is put- more than 3,500 U.S. soldiers and civil- straight State title, and capped a sea- ting money into the economy and the ians who were killed or wounded in de- son in which Trinity didn’t just beat pockets of 160 million Americans. And fense of our Nation that day. The sac- the competition, they rocked them. now my Republican colleagues are de- rifices they made 70 years ago are not Over five playoff games, Trinity manding harmful cuts to working fami- unlike the sacrifices that our soldiers outscored its foes by more than 240 lies and seniors to offset these middle class tax cuts. and their families are being asked to total points. They never trailed in the A better idea is to cut from the $1 make today. second half all season. They crushed trillion in special interest tax ear- December 7 is also an important top-tier out-of-state competition and marks identified by the bipartisan milestone for the founding of our Na- avenged their only 2010 loss. After fac- Simpson-Bowles Commission. Let’s cut ing Trinity, Scott County’s coach tion. Today is Delaware Day, the 224th the $2 million earmark for wooden called the Shamrocks ‘‘the best team anniversary of Delaware’s ratification arrow manufacturers. Let’s cut the $40 of the United States Constitution, in Kentucky football history.’’ million earmark for the owners of This was a true team effort, and making Delaware the first State to NASCAR racetracks. And let’s cut $235 thanks to the leadership and dedica- join the Nation. million in earmarks for rum producers tion of 40 seniors, these student ath- Delaware’s Founding Fathers saw the in Puerto Rico and the U.S. Virgin Is- letes have achieved a perfect record vision and genius of the form of gov- lands. The earmarks are unfair and and deserve to bring a national title ernment laid out in our Constitution. unaffordable. It is this vision and this document that home to Louisville. I ask my col- To the 99 percent of Americans who continues to guide everything we do leagues to join me today in congratu- don’t have a lobbyist, sorry, you today. lating Coach Beatty, the team, and the missed out on the special interest bo- So let us take time today to remem- entire Trinity community on an in- nanza. Congress needs to protect work- ber the contributions every generation credible championship and an amazing ing families. Let’s pass President has made to protect the values and 2011 season. Way to go Rocks. Obama’s middle class payroll tax cut freedoms upon which this great Nation f and help our families and our economy was founded. EXTEND PAYROLL TAX CUT AND now. f EMPLOYMENT ASSISTANCE f THE SEINFELD CONGRESS (Mr. CICILLINE asked and was given SUPPORT REINS ACT (Mr. DOYLE asked and was given permission to address the House for 1 (Mr. YODER asked and was given permission to address the House for 1 minute.) permission to address the House for 1 minute and to revise and extend his re- Mr. CICILLINE. Madam Speaker, we minute.) marks.) simply cannot leave Washington before Mr. YODER. Madam Speaker, the Mr. DOYLE. Madam Speaker, the extending the payroll tax cut and un- American economy is crying out for last time the Republicans controlled employment assistance. With our econ- certainty. Every day the instability the House back in 2006, a newspaper omy still struggling and unemploy- created by new Washington rules, regu- columnist called it ‘‘the Seinfeld Con- ment remaining unacceptably high at lations, new taxes, et cetera makes it gress,’’ because like Seinfeld, which 10.4 percent in my home State of Rhode harder for the economy to recover and was a show about nothing, the 109th Island, now is not the time to take harder for small businesses to create Congress was a Congress about noth- more money out of the pockets of hard- jobs. ing. Absolutely nothing got done. working families. That’s why today I stand in full sup- Now the House Republicans have Allowing the payroll tax cuts to ex- port of the Regulations from the Exec- upped the ante. They have an agenda pire at the end of this month will mean utive in Need of Scrutiny Act, known filled with Seinfeld legislation—a less money in the pockets of 600,000 as the REINS Act. bunch of bills about nothing. Tomor- hardworking Rhode Islanders. It is ab- As our Federal agencies churn out row, for example, we’re considering the solutely critical that we extend the regulations by the truckload, it’s our so-called farm dust bill. Now, ignore payroll tax cut which is saving work- small businesses, those very entities for a moment the fact that it’s more ing families an average of $1,000 per that we expect to create jobs and are about mines and smelters and concrete year and would add $400 million to struggling to survive, that are bur- plants than it is about farms, House Rhode Island’s economy next year. We dened with implementing them. In Republicans want to ban an EPA rule have to do everything we can to fact, regulations cost the economy that the EPA administrator has said strengthen our middle class families $1.75 trillion per year. New regulations she has no intention of issuing. who are struggling to make ends meet this year alone will cost business over Why are we wasting time prohibiting and provide assistance to those fami- $60 billion, all driving up the cost of a rule that’s not being issued when lies who need it most. doing business and putting more people we’ve got real problems like a strug- If Congress does not extend emer- out of work. gling economy and millions of people gency unemployment assistance, thou- I’m supporting the REINS Act be- out of work. sands of Rhode Islanders, as well as cause this legislation will provide

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.024 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8203 Americans with an additional level of critical and wrong. Madam Speaker, I GENERAL LEAVE accountability when it comes to job- don’t have to tell you about the shame- Mr. DICKS. Madam Speaker, I ask killing regulations from government ful times in America’s history where unanimous consent that all Members agencies. power and intimidation were used to may have 5 legislative days to revise Madam Speaker, it’s time we stand prevent Americans from voting. We and extend their remarks on the mo- up for small business owners, and it’s must learn from our past. tion to instruct. time we do all that we can to remove Fight voter suppression efforts in the The SPEAKER pro tempore. Is there the barriers Washington is putting in courts, in State legislatures, here in objection to the request of the gen- their way. Let’s come together as a Washington, and, most importantly, on tleman from Washington? Congress and help get America back to election day. There was no objection. work again. f Mr. DICKS. Madam Speaker, I yield f myself such time as I may consume. REMEMBERING PEARL HARBOR The motion instructs conferees to b 1230 (Ms. HANABUSA asked and was provide the highest level of funding for OPPOSITION TO THE REINS ACT given permission to address the House medical and prosthetic research. This (Mrs. CAPPS asked and was given for 1 minute.) program helps the Department of Vet- permission to address the House for 1 Ms. HANABUSA. December 7, 1941, ‘‘a erans Affairs develop cutting-edge minute and to revise and extend her re- date which will live in infamy,’’ are the treatments for veterans and their fami- marks.) words of President Roosevelt. lies. It is fully integrated throughout Mrs. CAPPS. Madam Speaker, later I represent Pearl Harbor. On this the medical community through part- today the House will vote on the day, let us not forget the brave people nerships with academic affiliates, non- REINS Act. This is a terrible piece of who gave their lives at Pearl Harbor. profits, and commercial entities, as legislation that will make it next to On this day, let us not forget this act well as other Federal agencies. It is impossible to protect Americans’ of unprovoked, dastardly aggression unique because both the clinical care health or the environment. It would which propelled us into a war. On this and research occur together. allow either Chamber of Congress to day, let us not forget how the people of The Medical and Prosthetic Research stop efforts to keep our water and air this Nation were unmatched in their Program plays a vital role in advanc- clean or to protect the public from un- evidence of loyalty and patriotism. ing the health and care of our Nation’s Let us remember because we need to safe food—by simply doing nothing. veterans. Some of the areas that the This bill sets up a congressional ap- be that people again to continue our Medical and Prosthetic Research Pro- proval requirement that is a recipe for fight to maintain our position as the gram focus on include mental health more gridlock. It would mean more bu- greatest Nation in the world. Let us re- research, prosthetics, traumatic brain reaucracy and more delay, generating member because we need to show the injury, and posttraumatic stress dis- uncertainty for businesses and weaker compassion to those who are in need in order, or PTSD. The program has em- rules to protect consumers. these days. phasized efforts to improve the under- Sherwood Boehlert, the former Re- f standing and treatment of veterans in publican chairman of the House MOTION TO INSTRUCT CONFEREES need of mental health care. Science Committee and one of our ON H.R. 2055, MILITARY CON- We hear a lot about the casualties of most thoughtful former colleagues, re- STRUCTION AND VETERANS AF- war and soldiers who have sacrificed cently wrote a scathing piece in The FAIRS AND RELATED AGENCIES their lives in duty. However, over the Hill about the REINS Act. He said the APPROPRIATIONS ACT, 2012 past few years, the VA has begun to ex- amine the psychological wounds of bill would result in ‘‘a virtual shut- Mr. ROGERS of Kentucky. Madam down of the system that will leave the posttraumatic stress disorder. The mo- Speaker, I ask unanimous consent to tion will provide funding for the VA to public exposed.’’ take from the Speaker’s table the bill Madam Speaker, the REINS Act is an care for veterans returning home from (H.R. 2055) making appropriations for outrageous effort to throw out a sys- Iraq and Afghanistan who may suffer military construction, the Department tem that has protected American fami- from depression, anxiety, and sub- of Veterans Affairs, and related agen- lies and communities for more than 100 stance abuse. cies for the fiscal year ending Sep- years. I urge my colleagues to join me Funding for medical and prosthetic tember 30, 2012, and for other purposes, in voting down this irresponsible and research in the House-reported bill was with a Senate amendment thereto, dis- misguided legislation. inadequate, and during floor consider- agree to the Senate amendment, and f ation the House majority agreed to in- agree to the conference requested by crease funding by $22 million. While I VOTER SUPPRESSION the Senate. was pleased to see this increase, I be- (Mr. PETERS asked and was given The Clerk read the title of the bill. lieve we need to do more. permission to address the House for 1 The SPEAKER pro tempore. Is there The Senate-passed bill funds this pro- minute.) objection to the request of the gen- gram at the FY2011 enacted level, Mr. PETERS. Madam Speaker, I rise tleman from Kentucky? which is $51 million higher than the today to oppose nationwide efforts to There was no objection. House-passed level. I believe the higher Mr. DICKS. Madam Speaker, I have a suppress voter turnout for the 2012 funding levels should be maintained be- motion to instruct at the desk. election, including State legislation cause of the impact this research can The SPEAKER pro tempore. The imposing strict photo ID requirements. have on the everyday life of our Na- Clerk will report the motion. These new regulations would dispropor- tion’s veterans. The Clerk read as follows: tionately burden seniors, people with This Nation must get its fiscal house Mr. Dicks moves that the managers on the in order. However, even in an austere disabilities, the poor, and minorities. part of the House at the conference on the In Michigan, we have seen aggressive disagreeing votes of the two Houses on the budget, we need to make room to fully purges of voter rules, which can dis- Senate amendment to the bill, H.R. 2055, be fund our priorities. The Medical and enfranchise low-income voters who instructed to recede to the Senate on the Prosthetic Research Program is a high have moved to a new address. Half a higher level of funding for the ‘‘Department priority. million Michiganders don’t have a driv- of Veterans Affairs—Medical and Prosthetic I’m sure that all of my colleagues er’s license or State ID. How are they Research’’ account. would agree we can never repay Amer- supposed to make their voices heard if The SPEAKER pro tempore. Pursu- ica’s veterans for the sacrifice they these rules are passed? ant to clause 7 of rule XXII, the gen- have made for our country. As a first Let’s be clear. These efforts are tleman from Washington (Mr. DICKS) installment, we should make a sub- about one thing and one thing only: si- and the gentleman from Kentucky (Mr. stantial investment in health care re- lencing voters. ROGERS) each will control 30 minutes. search for our veterans, and I urge a America is a beacon of democracy, The Chair recognizes the gentleman ‘‘yes’’ vote on the motion to instruct. and to limit voter access is hypo- from Washington. I reserve the balance of my time.

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.025 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8204 CONGRESSIONAL RECORD — HOUSE December 7, 2011 Mr. ROGERS of Kentucky. Madam Services, I ask unanimous consent to Sexual assault in the military con- Speaker, I yield myself such time as I take from the Speaker’s table the bill tinues to be a serious problem. It im- may consume. (H.R. 1540) to authorize appropriations pacts thousands of service women and This motion to instruct is well-inten- for fiscal year 2012 for military activi- men each year. tioned but unnecessary. The motion ties of the Department of Defense, for While I’m pleased with the recent im- would urge adoption of the Senate- military construction, and for defense provements made by the Department of passed level for VA medical research, activities of the Department of Energy, Defense, there remains much more to which is $50 million above the House- to prescribe military personnel be done. It is vital that we do all we passed level. strengths for such fiscal year, and for can to protect the men and women in We all support our veterans and other purposes, with a Senate amend- the military who protect us. honor their service and sacrifice. We, ment thereto, disagree to the Senate I am very pleased that both the of course, support the important re- amendment, and agree to the con- House and the Senate passed language search work the VA is doing for our ference requested by the Senate. improving the military’s response to veterans in fields such as traumatic The Clerk read the title of the bill. sexual assault in their respective brain injury and posttraumatic stress The SPEAKER pro tempore. Is there versions of the National Defense Au- disorder. We provided a robust level of objection to the request of the gen- thorization Act. funding for this research in the House- tleman from California? passed version of the bill at a time There was no objection. b 1250 when our overall funding targets were Mr. SMITH of Washington. Madam Earlier this week, I, along with Rep- constrained. In fact, the House bill pro- Speaker, I have a motion to instruct at resentative TURNER and 45 colleagues, vided a total of $531 million for VA the desk. sent a letter to the House and Senate medical research, an increase of $22 The SPEAKER pro tempore. The Armed Services Committees asking million above what the White House Clerk will report the motion. them to strongly consider the House- and the VA requested. In addition, the The Clerk read as follows: passed provisions dealing with military VA still has $71 million in unobligated Mr. Smith of Washington moves that the sexual assault. research funding left over from pre- managers on the part of the House at the The language contained in the House vious years that could be put to use. So conference on the disagreeing votes of the version makes necessary improvements two Houses on the Senate amendment to the to protect our service women and men. even without the increase, the program bill H.R. 1540 be instructed to insist on the level would still be well above the 2011 amendments contained in subtitle I of title Specifically, the House-passed lan- level. V of the House bill (sections 581 through 587 guage strengthens the rights of sexual We all agree that medical research at relating to improved sexual assault preven- assault victims by clarifying victim ac- the VA is undeniably important and we tion and response in the Armed Forces). cess to legal counsel, and record main- want to do the best that we can for our The SPEAKER pro tempore. Pursu- tenance and confidentiality, which are veterans, particularly those in need of ant to clause 7 of rule XXII, the gen- critically important. It also ensures ex- medical assistance. On that, there’s no tleman from Washington (Mr. SMITH) pedited unit or station transfer when a difference between the ranking minor- and the gentleman from California (Mr. servicemember has been victimized. ity member and myself and between MCKEON) each will control 30 minutes. Imagine being a victim of rape, the members of the subcommittee. The Chair recognizes the gentleman which one young soldier told me about b 1240 from Washington. at a hearing, while serving in the mili- Mr. SMITH of Washington. Madam tary, and every morning she had to sa- I can reassure the Members that we Speaker, I yield myself such time as I lute her rapist. That’s what the mem- will work with our House and Senate may consume. bers of our Armed Forces have experi- colleagues to determine the appro- This is a very important provision of enced and will continue to experience priate level for VA research to con- the House bill dealing with better com- if we don’t do something to change tinue to support and honor the service bating sexual assault within the mili- that situation. of our veterans. tary. Now, this is a significant problem The House-passed language also While this motion is not necessary, I that has been documented by many stresses the need for the NDAA to in- understand and agree with its intent; studies and many media reports. I want clude comprehensive training and edu- and I will work with the ranking mem- to particularly congratulate members cation programs for sexual assault pre- ber. And with reservations, I will ac- of my committee, Ms. LORETTA SAN- vention within the Department of De- cept the motion at this time. CHEZ, Ms. TSONGAS, Ms. SPEIER, and fense. The Senate version does not in- Madam Speaker, I yield back the bal- Mrs. SUSAN DAVIS, who have taken a clude this protection, which is part of ance of my time. leadership role in this to try to imple- Mr. DICKS. I would ask for a vote on H.R. 1709, the Force Protection and ment policies to control sexual assault my motion to instruct, and I yield Readiness Act, which I introduced ear- within the military. The provisions back the balance of my time. lier this year. The SPEAKER pro tempore. Without that we’ve put together in the House I am pleased this motion to instruct objection, the previous question is or- help move us forward towards address- conferees on the NDAA recognizes the dered on the motion to instruct. ing that issue, make sure that it takes importance of this issue, and I ask the There was no objection. on the importance that it deserves, and conferees to seriously consider includ- The SPEAKER pro tempore. The empower the military to make the de- ing the strongest possible language to question is on the motion to instruct. cisions they need to better protect prevent and appropriately respond to The question was taken; and the against sexual assault within the mili- incidents of sexual assault in the mili- Speaker pro tempore announced that tary. tary. the ayes appeared to have it. I particularly applaud Ms. TSONGAS. Mr. MCKEON. I continue to reserve Mr. DICKS. Madam Speaker, on that This is her motion to stick to the the balance of my time. I demand the yeas and nays. House provisions in this area. I urge Mr. SMITH of Washington. Madam The yeas and nays were ordered. the conference committee to do that Speaker, I yield the balance of my time The SPEAKER pro tempore. Pursu- going forward. to the gentlewoman from Massachu- ant to clause 8 of rule XX, further pro- With that, I reserve the balance of setts (Ms. TSONGAS). ceedings on this question will be post- my time. The SPEAKER pro tempore. Without poned. Mr. MCKEON. I reserve the balance of objection, the gentlewoman from Mas- f my time. sachusetts will control the balance of Mr. SMITH of Washington. Madam the time. MOTION TO INSTRUCT CONFEREES Speaker, I yield 2 minutes to the gen- There was no objection. ON H.R. 1540, NATIONAL DEFENSE tlewoman from New York (Ms. SLAUGH- Ms. TSONGAS. Madam Speaker, I AUTHORIZATION ACT FOR FIS- TER). yield myself such time as I may con- CAL YEAR 2012 Ms. SLAUGHTER. I thank the gen- sume. Mr. MCKEON. Madam Speaker, by di- tleman for yielding. And, Madam While one in six women will experi- rection of the Committee on Armed Speaker, good afternoon. ence sexual assault in her lifetime, as

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.027 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8205 many as one in three women leaving if a sexual assault were to occur and I urge my colleagues on both sides of military service report that they have my services were needed. It is my opin- the aisle to support the motion to in- experienced some form of military sex- ion that active duty victim advocates struct conferees. ual trauma. are not prepared to deal with sexual as- With that, Madam Speaker, I reserve By the Pentagon’s own estimate, as saults and could potentially deter indi- the balance of my time. few as 13.5 percent of sexual assaults viduals from coming forward.’’ Mr. MCKEON. I continue to reserve are reported. Additionally, while 40 Having full-time SARCs and VAs the balance of my time. percent of sexual assault allegations in with extensive training and certifi- Ms. TSONGAS. Madam Speaker, I am the civilian world are prosecuted, this cation will ensure that they are truly a pleased to yield 2 minutes to the gen- number is a staggeringly low 8 percent valuable resource to their unit and to tlewoman from California who has in the military. victims who come forward. taken such an interest in this very The military has been slow to take This language also improves the re- grave issue and played an important the appropriate actions necessary to tention of sexual assault records and leadership role, Congresswoman protect victims of sexual assault. For guarantees that victims of sexual as- SPEIER. example, rape victims still do not yet sault will have lifetime access to these Ms. SPEIER. I thank Ms. TSONGAS have the right to a unit or duty loca- records for a variety of purposes, such and the ranking member, Mr. SMITH, tion transfer following an assault. This as being considered for veterans bene- for bringing this motion. Thank you, means victims of sexual assault are fits and given priority consideration Madam Speaker, for the opportunity to often forced to live and work alongside for counseling at Veterans Affairs. say a few words here. their perpetrator, facing repeated Currently, survivors of sexual assault This is a cancer that is eating up our stress and trauma due to the constant have to jump through multiple bureau- military. For 25 years, we have debated contact they may have with an assail- cratic hurdles to prove that their and discussed and reported on it, and ant who is part of their unit. symptoms are connected to an incident yet the numbers are staggering. By As unbelievable as it sounds, this is of sexual assault in the military in DOD’s own estimates, 19,000 men and exactly what happened to Marine order to be prioritized for mental women in the military each and every Lance Corporal Maria Lauterbach, who health counseling or be eligible for year are sexually assaulted or raped. accused her assailant of rape, and then benefits. Servicemembers find it dif- Only 13 percent actually report these spent the next 8 months exposed to the ficult to obtain documentation proving sexual assaults and rapes, and 90 per- accused rapist, who later murdered her their sexual assault once they have left cent of them are involuntarily honor- and buried her with the body of her un- the services because many of these doc- ably discharged. born son in his backyard. There is a message in the military: Although these events happened in uments are destroyed at DOD after only a few years. This language ensures Shut up, take an aspirin, go to bed, 2007, the Department of Defense has sleep it off. These very modest ele- not adopted provisions that would that the documents are maintained. This language also requires DOD to ments are really very important, but if allow victims to escape constant con- we’re really going to deal with this tact with their assailant. We ask men prepare a record of all court pro- issue, if we’re truly going to say that and women who serve in the military ceedings in which a charge of sexual as- you are no longer going to be more to put their lives on the line for our sault is adjudicated and provide a copy likely to be a victim of violence in the country, and they shouldn’t fear harm to the victim. Because victims of sex- military by a fellow officer than by the from their fellow servicemembers. We ual assaults serve as a witness rather enemy, if we’re really going to be able simply must do more to protect them. than an active participant in trials In May, this House passed H.R. 1540, where their case is litigated, they often to change that construct, then we’re which included strong bipartisan provi- do not understand the outcome of their going to have take the reporting of sions that would allow victims of sex- case. These records are prepared where these crimes away from the chain of ual assault the right to transfer units, convictions result, but when charges command and put it in a separate of- the right to counsel, the right to privi- are dismissed, or when a perpetrator is fice where we will have experts, both leged communications between a vic- found innocent, the victim has no reli- military and civilian, that will be able tim and a victim advocate, and the able way to understand what happened to prosecute these cases and actually right to get records of their sexual as- and why his or her case was dismissed. investigate them. sault so they can be eligible for vet- Making sure victims understand the Right now there’s a huge conflict of erans’ benefits. These provisions came outcome of their case is important to interest. I spoke on the floor this from a bipartisan bill that I introduced providing closure for victims and mak- morning about Petty Officer De Roche with Mr. TURNER of Ohio. ing sure they are an active, respected who was raped by two officers in Thai- Our language stipulates that con- participant in the legal process. land when they were on port of call. She was raped twice by each of these fidential communications cannot be b 1300 used by the defense attorney against a men. She then went to report it and victim during court proceedings, and It will help to alleviate much of the was told to leave it alone. She was then they remain actually confidential. mistrust that servicemembers and vic- put in a medical hold for 24 hours, for These provisions will encourage more tims of sexual assault in the military days. And then what happened, she was victims to come forward and get the harbor when it comes to how a sexual eventually allowed to leave the ship help they need to heal, and will encour- assault case will be handled if they and be put in another service setting. age more victims to participate in the make a report. But do you know what happened to legal process of prosecuting perpetra- Similar provisions were included in those two assailants, both of whom ad- tors of sexual assault, both of which the Senate’s version of the defense au- mitted that they had raped her? are critical to maintaining readiness thorization, but these provisions do not The SPEAKER pro tempore. The and unit cohesion in the military. clearly spell out a victim’s right to time of the gentlewoman has expired. These provisions also establish full- counsel and do not provide for a com- Ms. TSONGAS. I yield the gentle- time sexual assault response coordina- prehensive education and training pro- woman an additional minute. tors and victim advocates and ensure gram. Ms. SPEIER. One of them had 6 they are well trained for the job and Yesterday a bipartisan group of 47 months of reduction in pay; one of able to properly serve victims of sexual Members, led by Ms. SLAUGHTER and them got demoted, one of them did not; assault. The 2009 Defense Task Force Mr. TURNER, sent a letter to the chair- but neither of them served any time for Report on Sexual Assault in the Mili- man and ranking member of both the having admitted that they had raped tary Services found that current vic- House and Senate Armed Services her. They got what was called non- tim advocates and sexual assault re- Committees in support of the House’s judicial punishment. sponse coordinators are unprepared for language. This motion simply instructs What a joke that in this country we the duties of the position. our conferees to insist on the House give a unit commander the authority In the words of a current unit victim language, language that will protect to be judge and jury and then not even advocate, ‘‘I would truly be unprepared our servicewomen. have these individuals who commit

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.030 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8206 CONGRESSIONAL RECORD — HOUSE December 7, 2011 these violent crimes have to pay any- ask unanimous consent to reclaim my b 1310 thing. It doesn’t go on a record; there time. What we need to do is create an inde- is no sexual assault database. That’s The SPEAKER pro tempore. Is there pendent authority that will have the the way we’ve been running the mili- objection to the request of the gentle- expertise, which a unit commander is tary, and that must stop. woman from Massachusetts? not going to have, regarding sexual as- Ms. TSONGAS. I yield back the bal- Mr. MCKEON. Reserving the right to sault and rape and have investigators ance of my time. object, I understand that I did that who have, again, the expertise to look Mr. MCKEON. Madam Speaker, I once myself, yield back my time inad- at these cases so that the unit com- yield myself such time as I may con- vertently. manders and the base commanders are sume. With that, I would be happy to see not flummoxed by the various issues I just have to respond to the last that my colleague has the balance of speaker that we had. surrounding this very, very serious her time to close, and I withdraw my subject. We have this language in the bill. We reservation. have worked with Ms. TSONGAS. She’s Ms. TSONGAS. I yield back the bal- The SPEAKER pro tempore. Without done great work with Mr. TURNER. We ance of my time. objection, the gentlewoman from Mas- have been out of the majority for 4 The SPEAKER pro tempore. Without sachusetts is recognized. years. We now have the majority. I’m objection, the previous question is or- There was no objection. not going to say that it shouldn’t have dered on the motion to instruct. been fixed before; it should have. But Ms. TSONGAS. I thank the chair- There was no objection. we have this in the bill. But to attack man. The SPEAKER pro tempore. The the military and make them like they It has been my honor and pleasure to question is on the motion to instruct. are the worst people in the world— work in a bipartisan fashion on this The question was taken; and the 19,000 is excessive. It is something that legislation that seeks to address the Speaker pro tempore announced that never should have happened. This will great challenge of military sexual the ayes appeared to have it. take care of it. trauma. I think that we have incor- RECORDED VOTE We just had talk of a revered football porated into the House version of the Mr. SMITH of Washington. Madam coach we found right in their organiza- bill some very significant reforms that Speaker, I demand a recorded vote. tion of a very upstanding university will help to protect victims, unfortu- A recorded vote was ordered. that we all have thought great things nate victims of this great affront to The SPEAKER pro tempore. Pursu- about, has all kinds of problems with young people serving in our military; ant to clauses 8 and 9 of rule XX, this sexual abuse. will seek to better protect them as 15-minute vote on the motion to in- I refuse to have the innuendo or the they seek to bring to justice the per- struct will be followed by 5-minute charge that the military is corrupt top petrators; will better train those who votes on the motion to permit closed to bottom, which is what you basically are put in a place designed and cre- conference meetings on H.R. 1540 and inferred in what you just said. ated—these are positions created to the motion to instruct on H.R. 2550. We support this. We put it in the bill. help victims deal with this tremendous The vote was taken by electronic de- We think that it is very important to trauma, seek out appropriate legal vice, and there were—ayes 421, noes 2, take care of this problem. remedies and do it in a way that does not voting 10, as follows: not further victimize the victim. Ms. SPEIER. Will the gentleman [Roll No. 892] yield? Does that mean there is not always AYES—421 Mr. MCKEON. I’d be happy to yield. going to be additional work to do? Ab- Ms. SPEIER. I did not say that the solutely, always; otherwise, we would Ackerman Burton (IN) DeFazio Adams Butterfield DeGette military was corrupt. What I did say all be out of a job if we didn’t have to Aderholt Calvert DeLauro was that the way—— simply come back and revisit and re- Akin Camp Denham Mr. MCKEON. Reclaiming my time, visit and revisit these issues. Alexander Campbell Dent you did charge them with some very Altmire Canseco DesJarlais But I want to make it very clear that Amodei Cantor Deutch serious issues and besmirch the char- this has been a great bipartisan effort. Andrews Capito Dicks acter of the military. I’m very thankful for the support we Austria Capps Dingell Ms. SPEIER. Will the gentleman have received. The military has made Baca Capuano Doggett yield? Bachmann Cardoza Dold tremendous efforts. But obviously we Bachus Carnahan Donnelly (IN) C Mr. M KEON. I’d be happy to yield. would not be here today discussing this Baldwin Carney Doyle Ms. SPEIER. What I would say to the if there were still not a long way to go. Barletta Carson (IN) Dreier gentleman from California is this: that Barrow Carter Duffy I appreciate the fact that this has the Congress of the United States has, Bartlett Cassidy Duncan (SC) been recognized on both sides of the Barton (TX) Chabot Duncan (TN) for almost a quarter of a century now, aisle, and I thank you for allowing me Bass (CA) Chaffetz Edwards been looking at this issue. We have not to reclaim my time. Bass (NH) Chandler Ellison done a good job—— Becerra Chu Ellmers I will now yield 1 minute to the gen- Mr. MCKEON. Reclaiming my time, Benishek Cicilline Emerson Berg Clarke (MI) Engel as the new chairman of the committee, tlelady from California, Congress- woman SPEIER. Berkley Clarke (NY) Eshoo the first bill that we have brought for- Berman Clay Farenthold ward, we have it in the bill. We are Ms. SPEIER. I thank the gentlelady Biggert Cleaver Farr moving to take care of it. from Massachusetts for yielding me the Bilbray Clyburn Filner time. Bilirakis Coble Fincher Ms. SPEIER. Will the gentleman Bishop (GA) Coffman (CO) Fitzpatrick yield? I would just like to say to the gen- Bishop (NY) Cohen Flake Mr. MCKEON. No. I think we’ve prob- tleman from California and to my col- Bishop (UT) Cole Fleischmann ably said enough. leagues on the Armed Services Com- Black Conaway Fleming mittee, I am very grateful that this Blackburn Connolly (VA) Flores What I would say at this time is we Blumenauer Conyers Forbes do support this. The bill was over- language is in the motion to instruct Bonner Cooper Fortenberry whelmingly supported out of com- the conferees. Bono Mack Costa Foxx My only point is that until we create Boren Costello Frank (MA) mittee 60–1, 322–96 in the House. We’re Boswell Courtney Franks (AZ) moving strongly on this issue. We will an independent office to handle these Boustany Cravaack Frelinghuysen support it through the conference and cases, we continue to place the unit Brady (PA) Crawford Fudge do our best to see that it remains in commanders and the base commanders Brady (TX) Crenshaw Gallegly Braley (IA) Critz Garamendi the bill because it is such a very impor- in a conflict of interest. What happens Brooks Crowley Gardner tant issue. when the unit commander is, in fact, Broun (GA) Cuellar Garrett With that, I yield back the balance of the assailant? That means that the Brown (FL) Culberson Gerlach my time. rape victim has to go to her rapist and Buchanan Cummings Gibbs Bucshon Davis (CA) Gibson Ms. TSONGAS. Madam Speaker, I did seek to have help and to report that Buerkle Davis (IL) Gingrey (GA) not mean to yield back my time; so I rape to her unit commander. Burgess Davis (KY) Gohmert

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.031 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8207 Gonzalez Luja´ n Rooney NOT VOTING—10 Flake Latta Rogers (AL) Goodlatte Lummis Ros-Lehtinen Fleischmann Levin Rogers (KY) Castor (FL) Hinchey Waxman Gosar Lungren, Daniel Roskam Fleming Lewis (CA) Rogers (MI) Diaz-Balart Myrick Young (FL) Gowdy E. Ross (AR) Flores Lipinski Rohrabacher Fattah Nadler Granger Lynch Ross (FL) Forbes LoBiondo Rokita Giffords Richmond Graves (GA) Mack Rothman (NJ) Fortenberry Loebsack Rooney Graves (MO) Maloney Roybal-Allard b 1338 Foxx Lofgren, Zoe Ros-Lehtinen Green, Al Manzullo Royce Frank (MA) Long Roskam Green, Gene Marchant Runyan Messrs. CRENSHAW, CRAWFORD, Franks (AZ) Lowey Ross (AR) Griffin (AR) Marino Ruppersberger BRADY of Texas, Mrs. CAPPS, Messrs. Frelinghuysen Lucas Ross (FL) Griffith (VA) Markey Rush Fudge Luetkemeyer Rothman (NJ) Grijalva Matheson Ryan (OH) MCCARTHY of California, HUIZENGA Gallegly Luja´ n Roybal-Allard Grimm Matsui Ryan (WI) of Michigan, Ms. CLARKE of New Garamendi Lummis Royce Guinta McCarthy (CA) Sa´ nchez, Linda York, Messrs. ENGEL, and KING of Gardner Lungren, Daniel Runyan Guthrie McCarthy (NY) T. Iowa changed their vote from ‘‘no’’ to Garrett E. Ruppersberger Gutierrez McCaul Sanchez, Loretta Gerlach Lynch Rush Hahn McCollum Sarbanes ‘‘aye.’’ Gibbs Mack Ryan (OH) Hall McCotter Scalise So the motion to instruct was agreed Gibson Maloney Ryan (WI) Hanabusa McDermott Schakowsky to. Gingrey (GA) Manzullo Sa´ nchez, Linda Hanna McGovern Schiff The result of the vote was announced Gohmert Marchant T. Harper McHenry Schilling Gonzalez Marino Sanchez, Loretta Harris McIntyre Schmidt as above recorded. Goodlatte Markey Sarbanes Hartzler McKeon Schock A motion to reconsider was laid on Gosar Matheson Scalise Hastings (FL) McKinley Schrader the table. Gowdy Matsui Schakowsky Hastings (WA) McMorris Schwartz Granger McCarthy (CA) Schiff Hayworth Rodgers Schweikert f Graves (GA) McCarthy (NY) Schilling Heck McNerney Scott (SC) Graves (MO) McCaul Schmidt Heinrich Meehan Scott (VA) MOTION TO PERMIT CLOSED CON- Green, Al McClintock Schock Hensarling Meeks Scott, Austin FERENCE MEETINGS ON H.R. 1540, Green, Gene McCollum Schrader Herger Mica Scott, David NATIONAL DEFENSE AUTHORIZA- Griffin (AR) McCotter Schwartz Herrera Beutler Michaud Sensenbrenner Griffith (VA) McGovern Schweikert Higgins Miller (FL) Serrano TION ACT FOR FISCAL YEAR 2012 Grimm McHenry Scott (SC) Himes Miller (MI) Sessions Mr. MCKEON. Madam Speaker, pur- Guinta McIntyre Scott (VA) Hinojosa Miller (NC) Sewell Guthrie McKeon Scott, Austin Hirono Miller, Gary Sherman suant to clause 12 of rule XXII, I move Gutierrez McKinley Scott, David Hochul Miller, George Shimkus that the managers on the part of the Hahn McMorris Sensenbrenner Holden Moore Shuler House on H.R. 1540 be permitted to Hall Rodgers Serrano Holt Moran Shuster close to the public any of the con- Hanabusa McNerney Sessions Honda Mulvaney Simpson Hanna Meehan Sewell Hoyer Murphy (CT) Sires ference at such times as classified na- Harper Meeks Sherman Huelskamp Murphy (PA) Slaughter tional security information may be Harris Mica Shimkus Huizenga (MI) Napolitano Smith (NE) broached, providing that any sitting Hartzler Michaud Shuler Hultgren Neal Smith (NJ) Member of Congress shall be entitled Hastings (FL) Miller (FL) Shuster Hunter Neugebauer Smith (TX) Hastings (WA) Miller (MI) Simpson Hurt Noem Smith (WA) to attend any meeting of the con- Hayworth Miller (NC) Sires Inslee Nugent Southerland ference. Heck Miller, Gary Slaughter Israel Nunes Speier The SPEAKER pro tempore. Pursu- Heinrich Miller, George Smith (NE) Hensarling Moore Smith (NJ) Issa Nunnelee Stark ant to clause 12 of rule XXII, the yeas Jackson (IL) Olson Stearns Herger Moran Smith (TX) Jackson Lee Olver Stivers and nays are ordered. Herrera Beutler Mulvaney Smith (WA) (TX) Owens Stutzman This will be a 5-minute vote. Higgins Murphy (CT) Southerland Jenkins Palazzo Sullivan The vote was taken by electronic de- Himes Murphy (PA) Speier Hinojosa Napolitano Stearns Johnson (GA) Pallone Sutton vice, and there were—yeas 406, nays 17, Johnson (IL) Pascrell Terry Hirono Neal Stivers Johnson (OH) Pastor (AZ) Thompson (CA) answered ‘‘present’’ 1, not voting 9, as Hochul Neugebauer Stutzman Johnson, E. B. Paul Thompson (MS) follows: Holden Noem Sullivan Holt Nugent Sutton Johnson, Sam Paulsen Thompson (PA) [Roll No. 893] Jones Payne Thornberry Hoyer Nunes Terry Jordan Pearce Tiberi YEAS—406 Huelskamp Nunnelee Thompson (CA) Huizenga (MI) Olson Thompson (MS) Kaptur Pelosi Tierney Ackerman Brooks Costa Hultgren Owens Thompson (PA) Keating Pence Tipton Adams Broun (GA) Costello Hunter Palazzo Thornberry Kelly Perlmutter Tonko Aderholt Brown (FL) Courtney Hurt Pallone Tiberi Kildee Peters Towns Akin Buchanan Cravaack Inslee Pascrell Tierney Kind Peterson Tsongas Alexander Bucshon Crawford Israel Pastor (AZ) Tipton King (IA) Petri Turner (NY) Altmire Buerkle Crenshaw Issa Paulsen Tonko King (NY) Pingree (ME) Turner (OH) Amodei Burgess Critz Jackson (IL) Payne Towns Kingston Pitts Upton Andrews Burton (IN) Crowley Pearce Kinzinger (IL) Platts Van Hollen Austria Butterfield Cuellar Jackson Lee Tsongas Kissell Poe (TX) Vela´ zquez Baca Calvert Culberson (TX) Pelosi Turner (NY) Kline Polis Visclosky Bachmann Camp Cummings Jenkins Pence Turner (OH) Kucinich Pompeo Walberg Bachus Campbell Davis (CA) Johnson (GA) Perlmutter Upton Labrador Posey Walden Baldwin Canseco Davis (IL) Johnson (IL) Peters Van Hollen ´ Lamborn Price (GA) Walsh (IL) Barletta Cantor Davis (KY) Johnson (OH) Peterson Velazquez Lance Price (NC) Walz (MN) Barrow Capito DeGette Johnson, E. B. Petri Visclosky Landry Quayle Wasserman Bartlett Capps DeLauro Johnson, Sam Pingree (ME) Walberg Langevin Quigley Schultz Barton (TX) Capuano Denham Jones Pitts Walden Lankford Rahall Waters Bass (CA) Cardoza Dent Jordan Platts Walsh (IL) Larsen (WA) Rangel Watt Bass (NH) Carnahan DesJarlais Kaptur Poe (TX) Walz (MN) Larson (CT) Reed Webster Becerra Carney Deutch Keating Polis Wasserman Latham Rehberg Welch Benishek Carson (IN) Dicks Kelly Pompeo Schultz LaTourette Reichert West Berg Carter Dingell Kildee Posey Waters Latta Renacci Westmoreland Berkley Cassidy Doggett Kind Price (GA) Watt Lee (CA) Reyes Whitfield Berman Chabot Dold King (IA) Price (NC) Waxman Levin Ribble Wilson (FL) Biggert Chaffetz Donnelly (IN) King (NY) Quayle Webster Lewis (CA) Richardson Wilson (SC) Bilbray Chandler Doyle Kingston Quigley Welch Lewis (GA) Rigell Wittman Bilirakis Chu Dreier Kinzinger (IL) Rahall West Lipinski Rivera Wolf Bishop (GA) Cicilline Duffy Kissell Rangel Westmoreland LoBiondo Roby Womack Bishop (NY) Clarke (MI) Duncan (SC) Kline Reed Whitfield Loebsack Roe (TN) Woodall Black Clay Duncan (TN) Labrador Rehberg Wilson (FL) Lofgren, Zoe Rogers (AL) Woolsey Blackburn Cleaver Edwards Lamborn Reichert Wilson (SC) Long Rogers (KY) Yarmuth Bonner Clyburn Ellmers Lance Renacci Wittman Lowey Rogers (MI) Yoder Bono Mack Coble Emerson Landry Reyes Wolf Lucas Rohrabacher Young (AK) Boren Coffman (CO) Engel Langevin Ribble Womack Luetkemeyer Rokita Young (IN) Boswell Cohen Eshoo Lankford Richardson Woodall Boustany Cole Farenthold Larsen (WA) Rigell Yarmuth NOES—2 Brady (PA) Conaway Filner Larson (CT) Rivera Yoder Brady (TX) Connolly (VA) Fincher Latham Roby Young (AK) Amash McClintock Braley (IA) Cooper Fitzpatrick LaTourette Roe (TN) Young (IN)

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.010 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8208 CONGRESSIONAL RECORD — HOUSE December 7, 2011 NAYS—17 Davis (KY) Johnson, Sam Peters Walberg Webster Wolf DeFazio Jones Peterson Walden Welch Womack Amash Farr McDermott DeGette Jordan Petri Walz (MN) West Woodall Blumenauer Grijalva Olver DeLauro Kaptur Pingree (ME) Wasserman Westmoreland Woolsey Clarke (NY) Honda Paul Denham Keating Pitts Schultz Whitfield Yarmuth Conyers Kucinich Stark Dent Kelly Platts Waters Wilson (FL) Yoder DeFazio Lee (CA) Woolsey DesJarlais Kildee Poe (TX) Watt Wilson (SC) Young (AK) Ellison Lewis (GA) Deutch Kind Polis Waxman Wittman Young (IN) ANSWERED ‘‘PRESENT’’—1 Dicks King (IA) Pompeo NAYS—13 Dingell King (NY) Posey Bishop (UT) Doggett Kinzinger (IL) Price (GA) Amash Flores Schweikert NOT VOTING—9 Dold Kissell Price (NC) Broun (GA) Huelskamp Stutzman Donnelly (IN) Kline Quayle Cicilline Kingston Walsh (IL) Castor (FL) Giffords Nadler Doyle Kucinich Quigley Duncan (TN) Mulvaney Diaz-Balart Hinchey Richmond Dreier Labrador Rahall Flake Ribble Fattah Myrick Young (FL) Duffy Lamborn Rangel NOT VOTING—11 Duncan (SC) Lance Reed b 1347 Edwards Landry Rehberg Castor (FL) Giffords Nadler Mr. CONYERS changed his vote from Ellison Langevin Reichert Diaz-Balart Hinchey Richmond Ellmers Lankford Renacci Fattah Hirono Young (FL) ‘‘yea’’ to ‘‘nay.’’ Emerson Larsen (WA) Reyes Frank (MA) Myrick Mrs. LUMMIS changed her vote from Engel Larson (CT) Richardson b 1354 ‘‘nay’’ to ‘‘yea.’’ Eshoo Latham Rigell So the motion was agreed to. Farenthold LaTourette Rivera So the motion to instruct was agreed Farr Latta Roby to. The result of the vote was announced Filner Lee (CA) Roe (TN) as above recorded. Fincher Levin Rogers (AL) The result of the vote was announced A motion to reconsider was laid on Fitzpatrick Lewis (CA) Rogers (KY) as above recorded. the table. Fleischmann Lewis (GA) Rogers (MI) A motion to reconsider was laid on Fleming Lipinski Rohrabacher the table. Forbes LoBiondo Rokita f Fortenberry Loebsack Rooney Stated for: Foxx Lofgren, Zoe Ros-Lehtinen Mr. CICILLINE. Mr. Speaker, during rollcall MOTION TO INSTRUCT CONFEREES Franks (AZ) Long Roskam vote No. 894 on H.R. 2055, I mistakenly re- ON H.R. 2055, MILITARY CON- Frelinghuysen Lowey Ross (AR) corded my vote as ‘‘no’’ when I should have STRUCTION AND VETERANS AF- Fudge Lucas Ross (FL) voted ‘‘yes.’’ FAIRS AND RELATED AGENCIES Gallegly Luetkemeyer Rothman (NJ) Garamendi Luja´ n Roybal-Allard APPOINTMENT OF CONFEREES APPROPRIATIONS ACT, 2012 Gardner Lummis Royce THE SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The un- Garrett Lungren, Daniel Runyan Gerlach E. Ruppersberger WESTMORELAND). Without objection, finished business is the vote on the mo- Gibbs Lynch Rush the Chair appoints the following con- tion to instruct on the bill (H.R. 2055) Gibson Mack Ryan (OH) ferees: making appropriations for military Gingrey (GA) Maloney Ryan (WI) Messrs. ROGERS of Kentucky, YOUNG construction, the Department of Vet- Gohmert Manzullo Sa´ nchez, Linda Gonzalez Marchant T. of Florida, LEWIS of California, erans Affairs, and related agencies for Goodlatte Marino Sanchez, Loretta FRELINGHUYSEN, ADERHOLT, Mrs. EMER- the fiscal year ending September 30, Gosar Markey Sarbanes SON, Ms. GRANGER, Messrs. SIMPSON, Gowdy Matheson Scalise 2012, and for other purposes, offered by CULBERSON, CRENSHAW, REHBERG, CAR- Granger Matsui Schakowsky the gentleman from Washington (Mr. Graves (GA) McCarthy (CA) Schiff TER, DICKS, VISCLOSKY, Mrs. LOWEY, DICKS), on which the yeas and nays Graves (MO) McCarthy (NY) Schilling Mr. SERRANO, Ms. DELAURO, Messrs. were ordered. Green, Al McCaul Schmidt MORAN, PRICE of North Carolina, and The Clerk will redesignate the mo- Green, Gene McClintock Schock Griffin (AR) McCollum Schrader BISHOP of Georgia. tion. Griffith (VA) McCotter Schwartz There was no objection. The Clerk redesignated the motion. Grijalva McDermott Scott (SC) f The SPEAKER pro tempore. The Grimm McGovern Scott (VA) question is on the motion to instruct. Guinta McHenry Scott, Austin APPOINTMENT OF CONFEREES ON Guthrie McIntyre Scott, David H.R. 1540, NATIONAL DEFENSE This will be a 5-minute vote. Gutierrez McKeon Sensenbrenner The vote was taken by electronic de- Hahn McKinley Serrano AUTHORIZATION ACT FOR FIS- vice, and there were—yeas 409, nays 13, Hall McMorris Sessions CAL YEAR 2012 Hanabusa Rodgers Sewell not voting 11, as follows: Hanna McNerney Sherman The SPEAKER pro tempore. Without [Roll No. 894] Harper Meehan Shimkus objection, the Chair appoints the fol- Harris Meeks Shuler YEAS—409 lowing conferees: Hartzler Mica Shuster From the Committee on Armed Services, Ackerman Blackburn Cassidy Hastings (FL) Michaud Simpson for consideration of the House bill and the Adams Blumenauer Chabot Hastings (WA) Miller (FL) Sires Aderholt Bonner Chaffetz Hayworth Miller (MI) Slaughter Senate amendment, and modifications com- Akin Bono Mack Chandler Heck Miller (NC) Smith (NE) mitted to conference: Alexander Boren Chu Heinrich Miller, Gary Smith (NJ) Messrs. McKeon, Bartlett, Thornberry, Altmire Boswell Clarke (MI) Hensarling Miller, George Smith (TX) Akin, Forbes, Miller of Florida, LoBiondo, Amodei Boustany Clarke (NY) Herger Moore Smith (WA) Turner of Ohio, Kline, Rogers of Alabama, Andrews Brady (PA) Clay Herrera Beutler Moran Southerland Shuster, Conaway, Wittman, Hunter, Roo- Austria Brady (TX) Cleaver Higgins Murphy (CT) Speier ney, Schilling, Griffin of Arkansas, West, Baca Braley (IA) Clyburn Himes Murphy (PA) Stark Bachmann Brooks Coble Hinojosa Napolitano Stearns Smith of Washington, Reyes, Ms. Loretta Bachus Brown (FL) Coffman (CO) Hochul Neal Stivers Sanchez of California, Messrs. McIntyre, An- Baldwin Buchanan Cohen Holden Neugebauer Sullivan drews, Mrs. Davis of California, Messrs. Lan- Barletta Bucshon Cole Holt Noem Sutton gevin, Larsen of Washington, Cooper, Ms. Barrow Buerkle Conaway Honda Nugent Terry Bordallo, Messrs. Courtney, Loebsack, Ms. Bartlett Burgess Connolly (VA) Hoyer Nunes Thompson (CA) Tsongas and Ms. Pingree of Maine. Barton (TX) Burton (IN) Conyers Huizenga (MI) Nunnelee Thompson (MS) From the Permanent Select Committee on Bass (CA) Butterfield Cooper Hultgren Olson Thompson (PA) Bass (NH) Calvert Costa Hunter Olver Thornberry Intelligence, for consideration of matters Becerra Camp Costello Hurt Owens Tiberi within the jurisdiction of that committee Benishek Campbell Courtney Inslee Palazzo Tierney under clause 11 of rule X: Berg Canseco Cravaack Israel Pallone Tipton Mr. Rogers of Michigan, Mrs. Myrick and Berkley Cantor Crawford Issa Pascrell Tonko Mr. Ruppersberger. Berman Capito Crenshaw Jackson (IL) Pastor (AZ) Towns From the Committee on Education and the Biggert Capps Critz Jackson Lee Paul Tsongas Workforce, for consideration of secs. 548 and Bilbray Capuano Crowley (TX) Paulsen Turner (NY) 572 of the House bill, and secs. 572 and 573 of Bilirakis Cardoza Cuellar Jenkins Payne Turner (OH) Bishop (GA) Carnahan Culberson Johnson (GA) Pearce Upton the Senate amendment, and modifications Bishop (NY) Carney Cummings Johnson (IL) Pelosi Van Hollen committed to conference: Bishop (UT) Carson (IN) Davis (CA) Johnson (OH) Pence Vela´ zquez Messrs. Petri, Heck and George Miller of Black Carter Davis (IL) Johnson, E. B. Perlmutter Visclosky California.

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.011 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8209 From the Committee on Energy and Com- Messrs. Camp, Herger and Levin. Congress the final say over whether merce, for consideration of secs. 911, 1099A, There was no objection. Washington will impose major new reg- 2852 and 3114 of the House bill, and sec. 1089 f ulations on the American economy. of the Senate amendment, and modifications More than once this year, the Presi- committed to conference: REGULATIONS FROM THE EXECU- Messrs. Upton, Walden and Waxman. dent himself has talked about the dan- TIVE IN NEED OF SCRUTINY ACT gers that excessive regulations pose to From the Committee on Financial Serv- OF 2011 ices, for consideration of sec. 645 of the our economy. He has called for reviews House bill, and sec. 1245 of the Senate Mr. SMITH of Texas. Mr. Speaker, I of existing regulations. He has pro- amendment, and modifications committed to ask unanimous consent that all Mem- fessed a commitment to more trans- conference: bers may have 5 legislative days to re- parency. The President has stated that Mr. Bachus, Mrs. Capito and Mr. Acker- vise and extend their remarks and in- ‘‘it is extremely important to minimize man. From the Committee on Foreign Affairs, clude extraneous materials on H.R. 10. regulatory burdens and avoid unjusti- for consideration of secs. 1013, 1014, 1055, 1056, The SPEAKER pro tempore. Is there fied regulatory costs.’’ 1086, 1092, 1202, 1204, 1205, 1211, 1214, 1216, 1218, objection to the request of the gen- Unfortunately, the President’s ac- 1219, 1226, 1228–1230, 1237, 1301, 1303, 1532, 1533 tleman from Texas? tions speak louder than his words. But and 3112 of the House bill, and secs. 159, 1012, There was no objection. rather than make good on its state- 1031, 1033, 1046, 1201, 1203, 1204, 1206–1209, 1221– The SPEAKER pro tempore. Pursu- ments, the Obama administration has 1225, 1228, 1230, 1245, title XIII and sec. 1609 of ant to House Resolution 479 and rule proposed four times the number of the Senate amendment, and modifications XVIII, the Chair declares the House in major regulations than the previous committed to conference: the Committee of the Whole House on Ms. Ros-Lehtinen, Messrs. Chabot and Ber- administration over a similar time pe- man. the state of the Union for the consider- riod. And the White House has admit- From the Committee on Homeland Secu- ation of the bill, H.R. 10. ted to Congress that, for most new rity, for consideration of sec. 1099H of the b 1400 major regulations issued in 2010, gov- House bill, and sec. 1092 of the Senate ernment failed to analyze both the cost amendment, and modifications committed to IN THE COMMITTEE OF THE WHOLE and the benefits. conference: Accordingly, the House resolved It is time for Congress to take action Mr. Daniel Lungren of California, Mrs. Mil- itself into the Committee of the Whole to reverse these harmful policies. With ler of Michigan and Mr. Thompson of Mis- House on the state of the Union for the the REINS Act, we can hold the admin- sissippi. consideration of the bill (H.R. 10) to From the Committee on the Judiciary, for istration accountable for its unjusti- consideration of secs. 531 of subtitle D of amend chapter 8 of title 5, United fied regulatory assault on America’s title V, 573, 843 and 2804 of the House bill, and States Code, to provide that major job creators; and we can guarantee secs. 553 and 848 of the Senate amendment, rules of the executive branch shall that Congress, not unelected agency of- and modifications committed to conference: have no force or effect unless a joint ficials, will be accountable for all new Messrs. Smith of Texas, Coble and Conyers. resolution of approval is enacted into major regulatory costs. From the Committee on Natural Re- law, with Mr. DENHAM in the chair. The American people want job cre- sources, for consideration of secs. 313, 601 and The Clerk read the title of the bill. 1097 of the House bill, and modifications ation, not more regulation. The REINS committed to conference: The CHAIR. Pursuant to the rule, the Act reins in out-of-control Federal reg- Messrs. Hastings of Washington, Bishop of bill is considered read the first time. ulations that burden America’s busi- Utah and Markey. The gentleman from Texas (Mr. nesses and job creators. From the Committee on Oversight and SMITH) and the gentleman from Michi- I thank Mr. DAVIS of Kentucky for Government Reform, for consideration of gan (Mr. CONYERS) each will control 30 introducing this legislation. I urge all secs. 598, 662, 803, 813, 844, 847, 849, 937–939, minutes. my colleagues to support the REINS 1081, 1091, 1101–1111, 1116 and 2813 of the House The Chair recognizes the gentleman Act, and I reserve the balance of my bill, and secs. 827, 845, 1044, 1102–1107 and 2812 from Texas. of the Senate amendment, and modifications time. committed to conference: Mr. SMITH of Texas. Mr. Chairman, I Mr. CONYERS. Mr. Chairman, I yield Messrs. Ross of Florida, Lankford and yield myself such time as I may con- myself 2 minutes. Cummings. sume. Ladies and gentlemen of the House, From the Committee on Science, Space, The American people today have H.R. 10 is the mother of all and Technology, for consideration of secs. been hit by an onslaught of unneces- antiregulatory bills. Since the House 911 and 1098 of the House bill, and secs. 885, sary Federal regulations. From the was in session during 2010 for 116 legis- 911, 912 and Division E of the Senate amend- Obama administration’s health care ment, and modifications committed to con- lative days, under this bill—and I in- ference: mandate to the increase of burdens on vite any of my colleagues to make any Messrs. Hall, Quayle and Ms. Eddie Bernice small businesses, government regula- different analysis—the Congress would Johnson of Texas. tion has become a barrier to economic be required after 70 days after they re- From the Committee on Small Business, growth and job creation. ceive a rule to act upon it. If you only for consideration of sec. 804 of the House bill, By its own admission, the adminis- have 116 days, legislative days a year, and secs. 885–887 and Division E of the Senate tration is preparing numerous regula- it would be literally impossible to han- amendment, and modifications committed to tions that each will cost the economy dle the number of rules that we would conference: $1 billion or more per year. Its 2011 reg- Mr. Graves of Missouri, Mrs. Ellmers and get. Ms. Vela´ zquez. ulatory agenda calls for over 200 major Namely, we got 94 rules last year, 116 From the Committee on Transportation rules which will affect the economy by days. If we were handling every rule— and Infrastructure, for consideration of secs. $100 million or more each every year. please, use your arithmetic skills, la- 314, 366, 601, 1098 and 2814 of the House bill, Employers, the people who create dies and gentlemen. This bill would be and secs. 262, 313, 315, 1045, 1088 and 3301 of jobs and pay taxes, are rightly con- unworkable, and it would be impossible the Senate amendment, and modifications cerned about these costs and the costs for new regulations to be enacted. But committed to conference: that regulations impose on their busi- Messrs. Mica, Cravaack and Bishop of New then, maybe that’s the whole thrust of York. nesses. In a Gallup poll conducted last the matter. From the Committee on Veterans Affairs, month, nearly one-quarter of small I reserve the balance of my time. for consideration of secs. 551, 573, 705, 731 and business owners cited compliance with Mr. SMITH of Texas. Mr. Chairman, I 1099C of the House bill, and secs. 631 and 1093 government regulations as their pri- yield 6 minutes to the gentleman from of the Senate amendment, and modifications mary concern. That should motivate us Kentucky (Mr. DAVIS), who is the spon- committed to conference: to take action today. sor of this legislation. Mr. Bilirakis, Ms. Buerkle and Ms. Brown Rather than restrain its efforts to ex- Mr. DAVIS of Kentucky. I thank the of Florida. pand government, the administration chairman. From the Committee on Ways and Means, for consideration of secs. 704, 1099A and 1225 now seeks to accomplish through regu- Two years ago, I met with the a con- of the House bill, and sec. 848 of the Senate latory agencies what it cannot get ap- stituent who was concerned about the amendment, and modifications committed to proved by Congress. The REINS Act effects of unfunded EPA mandates on conference: gives the people’s representatives in his water and sewer bills. He wanted to

VerDate Mar 15 2010 04:54 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.001 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8210 CONGRESSIONAL RECORD — HOUSE December 7, 2011 know why Congress doesn’t vote on Today, we can choose to continue on Not all regulations are bad. Many new regulations. This simple question this path, or we can vote to restore our provide needed public safeguards, help inspired the legislation that we’re con- constitutional duty to make law and be to keep the American people safe, and sidering today, and it also begs a held accountable for the details. The maintain a level playing field for busi- broader question: Who should be ac- REINS Act effectively constrains the nesses to compete. And so good regula- countable to the American people for delegation of congressional authority tions would be approved by future Con- major laws with which they are forced by limiting the size and scope of rule- gresses, and those that could not with- to comply? making permission. stand the public scrutiny of a vote in Since the New Deal, every Congress Once major rules are drafted and fi- Congress would not. has delegated more of its constitu- nalized by an agency, the REINS Act A commonsense regulatory system tional lawmaking authority to would require Congress to hold an up- with appropriate checks and balances unelected bureaucrats in administra- or-down vote on any major regulation. on the most economically significant tive agencies through vaguely written Major regulations are those with an rules will help to revive our stagnant laws. This is an abdication of Congress’ annual economic impact of more than economy and give more businesses the constitutional responsibility to write $100 million, as determined by the Of- ability to hire thanks to a better sense the laws. fice of Information and Regulatory Af- of stability and what to expect from This practice of excessive delegation fairs. The President would also have to Washington going forward. of legislative powers to the executive sign the resolution before it could be The question we’re asked today is in branch allows Members of Congress to enforced on the American people, job effect the same I was asked by my con- take credit for the benefits of the law creators, or State and local govern- stituent in August of 2009: Who should it has passed and then blame Federal ments. Every major regulation would be accountable for the rules and regu- agencies for the costs and requirements be voted on within 70 legislative days. lations that have the greatest eco- of regulations authorized by the same The REINS Act was specifically writ- nomic impact on our economy? My an- legislation. Members of Congress are ten not to unnecessarily hold up the swer is the Congress. In an era of high never required to support, oppose, or regulatory process. Rather, the bill unemployment, Congress can no longer otherwise contribute to Federal regula- prevents REINS resolutions from being avoid its responsibility to the Amer- tions that are major and finalized filibustered in the Senate. ican people for the regulatory burden. under their watch. The point of the REINS Act is simply Passing the REINS Act today would be Even more troubling, this practice accountability. Each Congressman a major step forward in returning to a has enabled the executive branch to must take a stand and be accountable constitutional, responsible, legislative, overstep the intent of Congress and for regulations that cost our citizenry and regulatory framework. legislate through regulation based on $100 million or more annually. No I want to thank Judiciary Chairman broad authorities previously given the longer would Congress be able to avoid LAMAR SMITH for his countless efforts agency. In recent years, we’ve seen ex- accountability by writing vague laws on behalf of the REINS Act and his amples of administrative agencies, re- requiring the benefits up front and leadership, as well as the more than 200 gardless of party, going beyond their leaving the unpopular or costly ele- cosponsors of this bill in the House. I original grants of power to implement ments to the bureaucrats who will urge my colleagues to support this bill. policies not approved by the people’s write those elements of the law at Mr. CONYERS. Mr. Chairman, I yield Congress. some later date. Whether or not Con- myself 15 seconds. In several cases, such as net neu- gress approves a particular regulation, The REINS Act is the mother of all trality rules and the regulation of car- there will be a clearly accountable vote anti-regulatory bills in the Congress. bon emissions, agencies are pursuing on the subject that the American peo- The only problem, I say to the distin- regulatory action after Congress has ple can see and judge for themselves. guished author, the gentleman from explicitly rejected the concept. In fact, Kentucky, is that it won’t work. There 1410 administrative officials publicly pro- b are only 116 legislative days. claimed the strategy after the results This ensures the greatest regulatory I yield 2 minutes to the gentleman of the 2010 elections, going around Con- burdens on our economy are necessary from Virginia, JIM MORAN. gress by forcing their agenda through to promote the public welfare, rather Mr. MORAN. I thank the very distin- regulation. than simply sprouting from the minds guished former chairman of the Judici- In February of last year, The New of unelected bureaucrats. ary Committee. York Times quoted White House Com- The bill’s name as a metaphor for the This Republican bill is neither effec- munications Director Dan Pfeiffer as reins on a horse is fitting. The purpose tive nor responsible. To paraphrase saying, ‘‘In 2010, executive actions will of reins is not to keep a horse at a H.L. Mencken, eliminating Federal also play a key role in advancing the standstill. Reins are a tool to ensure agency rulemaking as we know it is a administration’s agenda.’’ True to that the horse knows what is expected solution that is simple, neat, and their word, the administration con- of him and is acting according to the wrong. tinues using regulations as an end intent and will of the rider. Mr. Chairman, despite what the around Congress. Likewise, the REINS Act would not House majority would like you to be- The lack of congressional account- stop the regulatory process. It would lieve, our Federal regulatory process is ability for the regulatory process has improve the regulatory process by en- a model the world over. Delegations allowed the regulatory state to grow suring that new major rules match the from other countries frequently visit almost unchecked for generations. Fed- intent of Congress and the will of the our government agencies to learn how eral administrative agencies issued American people. The REINS Act their governments can best ensure pub- 3,271 new rules in 2010, or roughly nine would foster greater upfront coopera- lic involvement while maximizing gov- regulations per day. tion between agencies and future Con- ernment effectiveness and efficiency. These regulations have a profound gresses, resulting in better written leg- Why? Because our regulatory system is impact on our economy. The Small islation and regulation. the most open and the most fair sys- Business Administration estimated With greater accountability and tem in the world. that regulations cost the American transparency, regulatory agencies will Current law already guarantees that economy $1.75 trillion in 2008, and have no choice but to write regulations proposed regulations get widely pub- that’s nearly twice the amount of indi- that reflect the need for sensible stand- lished and receive extensive public par- vidual income taxes paid in this coun- ards and take into account the impact ticipation. The proof of that is that try that year. Small businesses spend regulations have on American busi- proposed Federal regulations receive an estimated $10,500 per employee to nesses and families. hundreds, thousands, even millions of comply with Federal rules, a consider- Similarly, agencies would no longer public comments. The U.S. Forest able burden on the private sector’s be able to bypass Congress with regula- Service, for example, received over 1.6 ability to create jobs at a time of con- tions that don’t match congressional million comments on its roadless rule tinued economic struggles. intent or go too far. and held over 600 public meetings.

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.042 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8211 And public involvement doesn’t stop purchase my services. I will not invest Now, I am proud to be a Member of there. Federal agencies are required by in any further expansion and therefore the United States Congress. I know law to consider and respond to each not hiring until smarter policies are that we have good men and women in comment received. Commenters fre- being conveyed from Washington.’’ this House and that most of the people quently request and receive comment- I heard from the Rossa family, also are very good men and women. But period extensions. And when agencies in the Fifth District, who talks about right now, Congress has a 9 percent ap- learn of legitimate problems with their the regulatory burden from the Presi- proval rating. This bill would tell the proposed regulations, they change or dent’s health care plan: American public that it should take withdraw them to address those con- ‘‘My company has laid off all staff, the expertise of the people who are in cerns. and I myself will file for unemploy- the agencies and in the administration As an additional check on Federal ment on Monday. That’s about 23 peo- and turn it over to the 435 Members of rulemaking, Congress passed the Con- ple added to the unemployment rolls Congress—535 when including those in gressional Review Act. This law al- next week,’’ again due to Federal regu- the Senate—the least approved govern- ready provides a 60-day waiting period lation. ment body that exists. before a final rule becomes effective. I heard from the Nixon family in the On the one hand, they decry Con- And during that delay, Congress can Fifth District of Texas. Federal regula- gress, and their candidate Mr. Perry disapprove an agency rule by joint res- tion, again: wants us to work half time, but this ‘‘We are giving up this part of our olution. bill would make us the super-regu- The fact is that Federal agencies al- business. One person’s losing their job. latory commission. We would have to ready have the right attitude about This is just one small example of how approve every regulation by a positive excessive government regulation is sti- regulation. I think Federal Reserve vote in the House and by a positive fling business.’’ Chairman Ben Bernanke summed up vote in the Senate. We would have to It’s the number one impediment, and do it and have the President sign it agency regulatory philosophy best: We all we’re asking today with the REINS seek to implement the will of Congress within 70 days of promulgation. We’d Act is that if a regulation is going to only have every other Thursday to do in a manner that provides the greatest cost our economy jobs, if it’s going to benefit at the lowest cost to society as this, and we’d only have debate of 30 cost a hundred million dollars or more, minutes on each side. So you’d take a whole. let’s have congressional approval. It’s This bill takes America in the wrong the least respected body of government common sense. It forces account- in the entire United States of Amer- direction—one full of risk and cost that ability. It simply weighs the benefit of will put the public’s health and safety ica—maybe of the entire world—and a regulation to be balanced with the give it a very limited amount of time at great risk. cost to our own jobs. I strongly urge my colleagues to join to make all of the rules and regula- Jobs ought to be number one in this tions for the biggest government in the Chairman CONYERS in opposing this House, and the number one jobs bill we wrong legislation. world. can pass is the REINS Act. I ask for Talk about clean air. We wouldn’t Mr. SMITH of Texas. Mr. Chairman, I once that my colleagues on the other yield 3 minutes to my friend and col- have it. You’d have more dirty rain. side of the aisle join me, and let’s put The REINS Act—it should be called the league from Texas (Mr. HENSARLING), America back to work. the chairman of the House Republican Acid Rain Act. It’s raining outside. It’s Mr. CONYERS. Mr. Chairman, I am raining prevarications, fabrications, Conference. pleased to yield 3 minutes to the gen- Mr. HENSARLING. I thank the gen- and canards upon us, none of which are tleman from Virginia, STEVE COHEN, a appropriate for this body or for the tleman for yielding. ranking subcommittee member in Ju- Mr. Chairman, it was just a few American people. diciary. We’ve had several bills dealing with weeks ago that our Nation celebrated Mr. COHEN. I appreciate the time, Thanksgiving. Unfortunately, in the regulation in this session, all of which but I don’t appreciate the relocation. I basically tend to emasculate govern- Obama economy, millions could not am from Tennessee, the Volunteer ment. These bills take away the peo- give thanks for having a job. In the State, and from Memphis, in par- ple’s rights to clean air, clean water, Obama economy, unemployment re- ticular. But it is appropriate, I guess, safe products, and to occupational safe- mains mired at near or above 9 percent. that we be a little confused with States ty and health hazard protection, all of In the Obama economy, one in seven because listening to the debate on the which are almost second nature to the are on food stamps. In the Obama econ- floor, it’s obvious we’re a little con- American public. omy, we have seen the fewest small fused about history and Presidents, I’d ask us to defeat this bill and to business startups in 17 years. too, for President Obama has been protect our environment and our work- That’s why, Mr. Chairman, jobs are Bush-whacked here on the floor of the ers. job number one for House Republicans. House. Mr. SMITH of Texas. Mr. Chairman, I That’s why our jobs bills have been It’s not the Obama economy, it’s the yield 2 minutes to my friend and col- passed; but, unfortunately, 25 of them Bush economy that President Obama league from Texas (Mr. POE), a member are stacking up like cord wood in the saved from going into the second Great of the Judiciary Committee. Democratic-controlled Senate. After Depression that this country would Mr. POE of Texas. The mere phrase today, it will be 26 because one of the have suffered in 100 years, saved it ‘‘the regulators’’ brings fear and trepi- most important pro-jobs bills is on the from depression with great actions at a dation down into the hearts and souls floor today, the REINS Act. time of bipartisan action that helped of small business owners throughout Mr. Chairman, whether I’m speaking save this country from the Great De- the fruited plain. to Fortune 50 CEOs out of Dallas, pression that it was otherwise looking Mr. Chairman, the Code of Federal Texas, where I reside, or small business at. I think we need to commend Presi- Regulations is 150,000-pages long. people in east Texas that I have the dent Obama and not Bush-whack him That’s a lot of pages. Those are a lot of privilege of representing in this body, when we get the chance here in the regulations. According to the Small they all tell me the same thing: the partisan discussions. Business Administration, the annual number one impediment to jobs in cost of all Federal regulations in this America today is the Federal regu- b 1420 country was almost $2 trillion in 2008. latory burden. This bill that has been brought up, Now, do we really need all of those I hear from them each and every day. H.R. 10, the REINS Act, would rein in expensive regulations? Good thing the I heard from the Grasch family in the government. It would rein in the oppor- Federal regulators weren’t around Fifth District of Texas: tunity for regulations that are promul- when the Ten Commandments were ‘‘As a small business, I have to bring gated by experts in our agencies, ex- written—no telling what additional in an additional thousand dollars a perts who have years of expertise in regulations they would have added to month to break even.’’ He’s talking subject matters, in order to come up those simple 10 phrases. about his regulatory burden. ‘‘This is with rules and regulations to imple- It is common sense that Congress while consumers have less money to ment the laws that we pass. should have a say on a regulation that

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.044 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8212 CONGRESSIONAL RECORD — HOUSE December 7, 2011 would have a drastic, expensive effect some restraints on the excesses of the a nullification of the Constitution, on our economy. So why do my friends business community, and I ask that it which I like to carry, and the very dis- on the other side, who are such big be defeated. tinct definition of the three branches friends of regulations, not want the Mr. SMITH of Texas. Mr. Chairman, I of government and their responsibil- regulators to be regulated? I don’t un- yield 2 minutes to the gentleman from ities. derstand that. Arizona (Mr. QUAYLE), a member of the Frankly, our friends are trying to Remember, we are elected. Judiciary Committee. equate this Congress and its do-nothing The regulators are not. Mr. QUAYLE. I thank the gentleman record to the work of the executives, Congress is the branch of government for yielding. and now to create a do-nothing path- that is closely connected to the people, Mr. Chairman, I rise today in strong way for the rulemaking process which, and if Congress approves unnecessary support of H.R. 10 because greater con- as I’ve indicated on many of the bills and burdensome regulations, we have gressional scrutiny of major regula- that have already passed, there is a to be accountable to our voters in our tions ensures that the Federal Govern- Federal court process for anyone that districts for that. ment is more accountable to the Amer- wants to challenge the process of rule- Who do the regulators answer to? ican people. making or whether or not due process No one. They only answer to their su- Poll after poll of small business own- has been denied. So I’d actually say pervisors, who are also regulators. ers and of medium-sized business own- that what we have here is a complete When the regulators go to work ers will show you that major regula- shutdown of the Federal Government, every day, like most people go to work, tions are holding back their expansions for it is asking this Congress to pass a their work assignments are a little dif- and the ability for them to hire more joint resolution of approval for any ferent. In my opinion, they sit around workers. Yet you don’t have to rely on major rule to be passed. a big oak table, drinking their lattes, polls. You can just go down and talk to Now, Mr. Chairman, let me suggest they have out their iPads and their the local businesses in your districts. I to you what would happen: Warnings computers, and they decide: Who shall had a job forum the other week. Time on cigarette packages would no longer we regulate today? Then they write a and time again, the constant refrain we exist; Medicare payments for those regulation, send it out to the masses, heard from these business leaders was lying in psychiatric hospitals would and make us deal with the cost of that. that the overly burdensome regulatory not be able to be paid; and the emis- All the REINS Act does is ask that environment is holding back their ex- sions standards for boiler pollutants, the Congress be involved in these over- pansions. hazardous pollutants out of industrial, burdensome regulations. Several months ago, in the beginning commercial, and institutional emis- Mr. CONYERS. Mr. Chairman, I yield of the 112th Congress, I had some hope sions would go flat; and we would have 2 minutes to a valuable member of the because President Obama issued an Ex- a nation that small businesses, I be- Judiciary Committee, the distin- ecutive order that required agencies to lieve, would argue would also be a dis- guished gentleman from Georgia, HANK review their regulations to see if we traction from the work that they do. It is interesting that my friends JOHNSON. could have a less burdensome regu- would want to use the backs of small Mr. JOHNSON of Georgia. I rise in latory environment. Unfortunately, opposition to H.R. 10, the so-called businesses to pretend that they are what happened was that those were protecting them. First of all, if they REINS Act. It’s a demonstration of the just words, and were not followed up by reign of terror that the Tea Party-Gro- look at their facts, they will note the actual action, for, since then, the ad- Obama administration has passed less ver Norquist Republican Party has ex- ministration has continued to intro- acted on Americans insofar as their rules than the Bush administration. duce new regulations at a rapid rate. As I indicated, they will also note health and safety are concerned, and in In this year alone, over 73,000 pages that the 111th Congress passed more terms of their ability as small busi- of new regulations have been added to constructive bills to help small busi- nesses to compete with Wall Street and the Federal Register at a cost of $67.4 nesses than this Congress could ever Big Business. billion. Mr. Chairman, I have right do, and the fact that they would note You see, this is a Christmas gift. It’s here the amount of paper that has been that it has been recorded that this Con- a gift to those who installed this Tea added to the Federal Register in one gress is the largest do-nothing Con- Party reign in Congress, and this Tea week. This is last week’s regulations. gress that has ever existed. It would be Party reign, the Republicans in Con- It’s pretty hefty. Actually, it’s 8 helpful if we could pass the payroll tax gress, are doing everything they’re sup- pounds, 13 ounces. There are 2,940 brand cut for 160 million Americans, allow posed to do. new pages of Federal regulations that them to infuse dollars, 1,000 or $1,500, This is the anti-regulatory bill, as would stretch, if you laid them end to into the small businesses of America. the chairman said, that is the mother end, 2,695 feet. I will tell you that my small busi- of all anti-regulatory bills. In fact, At this time, there are more than nesses will celebrate that. In visiting a these 25, 26 bills that have been mis- 4,000 new regulations in the pipeline. Of medical clinic owned by a doctor that named ‘‘jobs bills’’ that the Repub- those, 224 are major regulations that had thousands of feet that he wanted to licans have passed are nothing more will have an economic impact exceed- rehab and expand, he said that payroll than anti-regulatory legislation, sprin- ing $100 million. So, at a minimum, the tax that was part of the jobs bill that kled with a little antiabortion legisla- annual economic impact for these new the President wanted to pass through tion in there—with not one job to be regulations will be $22 billion. this do-nothing House of Representa- created. We need to change this. Some of tives would have helped him greatly. You’re just simply kowtowing to the these agencies act outside the statu- Then we have millions of Americans, wishes of those who line your pockets tory authority granted by Congress, 6 million, who are trying to get unem- with gold in order for you to get elect- and we must stop this. The REINS Act ployment insurance. Here we are down ed. is the way to do it, and I strongly urge to the last wire telling those in this This anti-regulatory legislation is my colleagues to support this measure. blessed holiday season, whatever your turning the clock back on progress in b 1430 faith, that you have to wait at the door America. We want to turn it all over to and, in fact, there may not be any Big Business. This is what the Wall Mr. CONYERS. Mr. Chairman, I yield room at the inn for 6 million who don’t Street occupation is all about. This is 3 minutes to a senior member of the have their unemployment insurance. what the Tea Party is all about. House Judiciary Committee, the gen- I don’t want to shut down the govern- The CHAIR. The time of the gen- tlewoman from Texas, the Honorable ment. tleman has expired. SHEILA JACKSON LEE. The CHAIR. The time of the gentle- Mr. CONYERS. I yield the gentleman Ms. JACKSON LEE of Texas. I thank woman has expired. an additional 30 seconds. the gentleman. Mr. CONYERS. I yield the gentle- Mr. JOHNSON of Georgia. This bill I think it’s important for our col- woman an additional 15 seconds. will make it impossible to implement leagues to understand just what is Ms. JACKSON LEE of Texas. I thank critical new regulations that will place being asked of this body. I believe it is the distinguished gentleman.

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.055 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8213 I don’t want to shut down the govern- in hand.’’ Similarly, the Natural Resources De- Mr. AMODEI. I thank my distin- ment. I want a government that works. fense Council and the United Auto Workers guished chairman from Texas. Rulemaking is not the demon here; and cite the fact that increased fuel economy Mr. Chairman, 85 percent of the land the process of rulemaking, if you read standards have already led to the creation of in Nevada is controlled by the Federal it, provides the input and assessment more than 155,000 U.S. jobs. Government. Perhaps no other State in of those who are concerned. REGULATORY UNCERTAINTY IS NOT WHY BUSINESSES the Nation lives with a more daily, di- What this does is involve the Presi- ARE NOT HIRING WORKERS rect impact of the presence of the Fed- dent, the Congress, in a scheme that is The claim that regulatory uncertainty hurts eral Government and its regulatory re- so dilatory that we will never do any business has been debunked as political op- gime than the Silver State. work in this Congress. I beg of you to portunism. Bruce Bartlett, a senior policy ana- Community-driven development pro- defeat this legislation. lyst in the Reagan and George H.W. Bush Ad- posals that would generate economic Ms. JACKSON LEE of Texas. Mr. Chair, I ministrations observed ‘‘[R]egulatory uncer- growth often take years longer than rise today to debate H.R. 10 Regulations from tainty is a canard invented by Republicans they should because of layer upon layer the Executive in Need of Scrutiny (REINS). that allows them to use current economic of regulatory, mandatory gymnastics. REINS would amend the Congressional Re- problems to pursue an agenda supported by Home builders, agribusiness, mining, view Act (CRA) and require Congressional ap- the business community year in and year out. manufacturers, retailers, the resort proval of all major rules (rules with an eco- In other words, it is a simple case of political and hospitality industries, small busi- nomic impact that is greater than $100 mil- opportunism, not a serious effort to deal with ness in general all lament the gym- lion). If Congress fails to act within 70 days high unemployment.’’ nastics that they have to go through to the rule cannot be implemented. This change Regulatory uncertainty does not deter busi- get a permit or even to comply with ex- is targeted directly at executive agencies and ness investment. A lack of demand, not uncer- isting regulations. does nothing to create jobs. tainty about regulation, is cited as the reason All of that effort in a State, which I In other words, this bill is calling for Con- for not hiring. am sorry to have to sit up here and re- gressional oversight of Executive branch ac- At a legislative hearing on regulatory reform mind you, 85 percent of the land con- tivities and functions. I have been serving as (H.R. 3010), Professor Sidney Shapiro simi- trolled by the Federal Government, a member of this governing body since 1995, larly noted, ‘‘All of the available evidence con- highest unemployment rate in the Na- and oversight of the Executive branch is ex- tradicts the claim that regulatory uncertainty is tion, highest foreclosure rate in the actly what Congress does. One of the main deterring business investment.’’ Nation. We are trying to generate eco- functions of the Congressional Committees is A July 2011 Wall Street Journal survey of nomic development, and it’s taking oversight. business economists found that the ‘‘main rea- years to get a permit because of regu- If Congress were required to proactively ap- son U.S. companies are reluctant to step up latory regimes. There is no one that prove every federal rule, it would be extremely hiring is scant demand, rather than uncertainty will indicate that that is not the case. So when we talk about this issue be- time consuming. The Federal agencies of the over government policies.’’ The most recent National Federation of fore us today—and I congratulate my Executive branch are made up of experts in Independent Business survey of its members colleague from Kentucky. When we their respective fields. Many of the regulations likewise shows that ‘‘poor sales’’—not regula- talk about the job of Congress in an that Federal agencies enact are very specific tion—is the biggest problem. Of those report- oversight sense, I think it is entirely and require a high level of familiarity with the ing negative sales trends, 45 percent blamed appropriate that you revisit the regula- minute details of certain issues. The time it faltering sales, 5 percent higher labor costs, tions that are promulgated not out of would take members of Congress to become 15 percent higher materials costs, 3 percent thin air, but as a result of the statutes adequately acquainted with each issue being insurance costs, 8 percent lower selling prices that pass these two Houses. And to re- proposed by each Federal agency would cer- and 10 percent higher taxes and regulatory visit that point and make sure that tainly be more productive if channeled into ef- costs.’’ those regulations bear resemblance to forts to effect the change that Americans want. Small businesses reject the argument that both sides of the aisles’ legislative in- For example extending unemployment insur- deregulation is what they need. The Main tent where they’re supported is some- ance, job creation, and encouraging job Street Alliance, an alliance of small busi- thing we ought to guard zealously; be- growth. Yet, here we are again wasting time nesses, observes: ‘‘In survey after survey and cause, the last time I checked, the Fed- on a measure that will not help our economy. interview after interview, Main Street small eral-elected officials in the executive There is no credible evidence that regula- business owners confirm that what we really branch numbered two. And it doesn’t tions depress job creation. The Majority’s own need is more customers—more demand—not matter what side of the aisle they witness at the legislative hearing (on H.R. deregulation. Policies that restore our cus- come from or what party they come 3010 a bill based on the same false premise) tomer base are what we need now, not poli- from, I think it’s appropriate for those clearly debunked the myth that regulations sty- cies that shift more risk and more costs onto 535 who send those measures to those mie job creation. Christopher DeMuth, who ap- us from big corporate actors. . . . To create folks, check back to make sure that’s peared on behalf of the American Enterprise jobs and get our country on a path to a strong being done appropriately. Institute, a conservative think tank, stated in economic future, what small businesses need Mr. CONYERS. Mr. Chairman, I am his prepared testimony that the ‘‘focus on jobs is customers—Americans with spending pleased to yield 2 minutes to a senior . . . can lead to confusion in regulatory de- money in their pockets—not watered down member of the Education Committee, bates’’ and that ‘‘the employment effects of standards that give big corporations free rein the gentleman from New Jersey, ROB regulation, while important, are indeterminate.’’ to cut corners, use their market power at our ANDREWS. If anything, regulations may promote job expense, and force small businesses to lay (Mr. ANDREWS asked and was given growth and put Americans back to work. For people off and close up shop.’’ permission to revise and extend his re- instance, the BlueGreen Alliance notes: ‘‘Stud- Mr. SMITH of Texas. Mr. Chairman, I marks.) ies on the direct impact of regulations on job yield myself 15 seconds. Mr. ANDREWS. Mr. Chairman, 25 growth have found that most regulations result I want to set the record straight. The days from now, if the Congress doesn’t in modest job growth or have no effect, and bill is not antiregulatory but pro-ac- act, every middle class family in this economic growth has consistently surged for- countability. It will enable both Re- country is going to have a $1,000 tax in- ward in concert with these health and safety publican and Democratic majorities in crease. Twenty-five days from now, if protections. The Clean Air Act is a shining ex- Congress to make the final calls on the Congress doesn’t act, doctors who ample, given that the economy has grown major regulations that come from ad- take care of our Medicare patients are 204% and private sector job creation has ex- ministrations of either party. Majori- going to have a 23 percent cut in the panded 86% since its passage in 1970.’’ ties of either party can be expected to fee they get to see Medicare patients. Regulation and economic growth can go approve regulations whenever appro- During those 25 days, several million hand in hand. Regarding the Clean Air Act, priate, but the key is that Congress al- Americans who are out there looking the White House Office of Management and ways be held accountable. for a job every day are going to receive Budget (‘‘OMB’’) recently observed that 40 Mr. Chairman, I yield 2 minutes to their last unemployment benefits years of success with this measure ‘‘have the gentleman from Nevada (Mr. check. demonstrated that strong environmental pro- AMODEI), a member of the Judiciary These are the issues confronting tections and strong economic growth go hand Committee. America today, and what are we doing?

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.048 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8214 CONGRESSIONAL RECORD — HOUSE December 7, 2011 We’re debating a bill that says that gress approve any regulation that Except we’re here talking about this, some regulation the government might would have an annual economic impact a fraudulent idea followed by a terrible do someday in the future should have a of $100 million or more. For too long, legislative proposal, instead of dealing procedure where Congress can reject it. Congress has delegated its legislative with the imminent expiration of unem- There already is such a procedure. authority to unelected bureaucrats and ployment insurance and payroll tax. And for all these terrible regulations agency officials to determine the rule- Let’s talk about those things. Let’s re- we keep hearing about that have been making process. It’s time to bring that move the uncertainty for the people we introduced this year, do you know how authority back into the Congress represent. We represent people who many times the majority has brought where the Framers of the Constitution have a lot of uncertainty about wheth- to the floor a resolution to reject one intended it to be, especially with re- er they’ll have unemployment insur- of those regulations? Once. gard to major rulemaking. ance or the payroll tax cut. Let’s deal So this is such a grave threat to the The American people are hurting. with that. country’s economy that the majority The American economy is struggling. Mr. SMITH of Texas. Mr. Chairman, I that controls the floor has chosen on It’s time to rein in Big Government yield 11⁄2 minutes to the gentleman one occasion to bring a regulation to and release the inherent power of the from Minnesota (Mr. PAULSEN), a mem- the floor. American economy. Again, I urge my ber of the Ways and Means Committee. What we ought to be doing is can- colleagues to join with me in a bipar- Mr. PAULSEN. I thank the gen- celing out this $1,000-a-year tax in- tisan fashion, I hope and trust, in sup- tleman for yielding. crease on the middle class. What we port of this important legislation. I rise as a cosponsor and a strong ought to be doing is making sure our Mr. CONYERS. Mr. Chairman, I am supporter of the REINS Act. This is seniors can see the doctor come Janu- pleased to yield 2 minutes to a member legislation that will bring forward re- ary 1. What we ought to be doing is of the Financial Services Committee, form, accountability, and transparency making sure Americans who are dili- the gentleman from Connecticut, the to the Federal rulemaking process. You gent in looking for work don’t run out Honorable JIM HIMES. know what, it’s time for Congress to of employment benefits. But that’s not Mr. HIMES. I thank the ranking act more like a board of directors what we’re doing. member. where we will have to oversee proposed This is not only the wrong bill, it’s Mr. Chairman, I rise this afternoon, rules and regulations, especially those the wrong time. Let’s put on the floor as I frequently do in this Chamber, a that have a significant economic im- a bill that puts Americans back to little incredulous at what it is that I’m pact. This bill will absolutely force ac- work and focuses on the real priorities hearing. I’m hearing stories about east countability. It allows regulations to of the country. Texas. I’m hearing about lattes, and go forward, but it’s also going to force Mr. SMITH of Texas. Mr. Chairman, I I’m hearing that the number one rea- Congress to analyze, to pay attention, yield 2 minutes to the gentleman from son American businesses are not hiring and then finally to act. Indiana (Mr. PENCE), a senior member is because of regulations. It’s baloney. So no longer are we going to see of the Judiciary Committee. There’s not a fact in there. agencies and unelected bureaucrats (Mr. PENCE asked and was given per- Here’s some facts. I wish I had more being able to promulgate these rules mission to revise and extend his re- time to get into these facts. The Bu- and regulations without having an ap- marks.) reau of Labor Statistics, which studies propriate check and balance. There are b 1440 this stuff, asked businesses that have thousands and thousands and thou- been laying people off, why? Regula- sands of these rules and regulations in Mr. PENCE. Mr. Chairman, with so tions was a negligible answer. the pipeline, and over 200, 224 specifi- many American families struggling, I would love to talk about Bruce cally, that have that major economic with so many Americans struggling to Bartlett, financial adviser to President impact threshold that would be af- find work, and businesses struggling to Reagan, Republican, who said that the fected by the REINS Act. That’s a cost hire unemployed Americans, it’s time notion that regulation is why this of over $22 billion, at a minimum, to to rein in the Federal Government. It’s economy is on its back was just plain the economy. time to rein in the avalanche of red made up. If we want to help small businesses tape cascading out of Washington, D.C. If I had more time, I would like to grow, if we want to grow jobs, if we and stifling our recovery. It’s time to talk about our former colleague, Sher- want to help our economy get going enact the Regulations from the Execu- wood Boehlert of New York, who said and jump start it, we need to remove tive in Need of Scrutiny Act of 2011, the House is moving forward with bills that cloud of uncertainty that is hang- the REINS Act. that would cripple the regulatory sys- ing over the heads of small and me- I rise to commend the gentleman tem, but they show how far a party en- dium-sized businesses in that regu- from Kentucky, Congressman GEOFF thralled by its right-most wing is will- latory environment. DAVIS, for his visionary and tireless ef- ing to veer from what has long been I want to thank my colleague from forts in moving the REINS Act to the the mainstream. Kentucky for his leadership in leading floor today and for his leadership in I’ve got deep problems with this this reform. I ask for its passage. this Congress. crazy idea that we should have Con- Here’s an example of a proposed guideline You know, small businesses are the gress sign off on every regulation. But that is of particular concern to me. The FTC, lifeblood of our economy. They rep- my biggest problem, Mr. Chairman, is the Department of Agriculture, the FDA, and resent 99.7 percent of employer firms, that we’re standing here today talking the CDC have a proposal which seeks to re- and have generated 65 percent of net about this. I hear endlessly about the strict advertising, marketing and sales of food new jobs over the past 17 years. Yet uncertainty associated with these reg- products. As drafted, it would affect 88 of the today, as most American small busi- ulations. Mr. Chairman, I was shocked top 100 most consumed food and would have nesses know, our job creators are sad- to look at my schedule tomorrow to devastating effects. If this were to go through, dled with too many regulations and too see that the Republican majority is one study estimates it could affect more than many regulatory authorities. Accord- sending me home. And I’m going to 74,000 jobs in the first year alone. ing to the Small Business Administra- talk to people in Connecticut tomor- Mr. CONYERS. Mr. Chairman, I am tion, the average small business faces a row who are uncertain if after next pleased to yield 2 minutes to the dis- cost of $10,585 in Federal regulation per month they’re going to have unemploy- tinguished gentlelady from Colorado, employee each and every year. The ment insurance available to them be- DIANA DEGETTE, who serves on the En- REINS Act will address that. It will cause they don’t have a job and they ergy and Commerce Committee. protect jobs and promote small busi- don’t have money. And they may not Ms. DEGETTE. Mr. Chairman, do we ness growth by ensuring that the legis- have food on their table. really want to bind Congress to more lative branch has the final say on Small businesses and an awful lot of votes so we can play Monday morning major regulations before they take ef- Americans with jobs in my district are quarterback for the executive branch fect. uncertain about whether they will see every time it tries to finalize a rule? This legislation reforms the rule- an extension of the payroll tax that we Don’t we have enough gridlock around making process by requiring that Con- passed in bipartisan fashion. here?

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.051 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8215 Look around. The REINS Act would b 1450 The REINS Act also would block all grind our government to a halt and According to the Small Business Ad- regulations issued subsequent to Teddy stymie the implementation of regula- ministration, Federal regulations cost Roosevelt’s administration, including tions to protect consumers and protect our economy $1.75 trillion a year. such landmark bills as the Clean Air public health and well-being. This negative impact is something Act, the Clean Water Act, the Wagner Now, look, this bill would add a feed- small business owners, including farm- Labor Relations Act, and the Occupa- back loop to require Congress to ap- ers, have told me time and again as I tional Safety and Health Act. Along prove major rules that it has already have traveled across the 137 towns in with the Regulatory Accountability specifically directed an agency to pro- my district. Something must be done. Act, which the House approved last mulgate. What we really need are It really comes down to judgment. We week, the REINS Act is the most com- smart people and streamlined regula- want to get these key decisions right. prehensive, radical assault on Amer- tions regardless of which party is in It’s about balancing competing prior- ican safety and public health in the charge of Congress. ities. In the process, certainly we want last century. In 2010 alone, Federal agencies final- to hear the advice of our subject mat- If REINS passes, it will replace the ized important rules related to energy ter experts in the bureaucracy, but the rule of law with the rule of the jungle. efficiency, community disaster loans, decision should fall to the people’s rep- Our friends on the other side know full weatherization assistance for low-in- resentatives who can be held account- well that in commonsense language come people, truth in lending, and bet- able to them, not unelected, faceless they have masked the inability of the ter pay for teachers. All of those rules bureaucrats. Federal Government ever again to would be considered major rules under It’s far past time for some trans- issue commonsense regulation to pro- the REINS Act, and all of those rules parency and accountability. It’s far tect public health and safety in this would have required congressional ap- past time for the REINS Act. I’m proud country. And that would be a tragedy. proval. Good luck there with this Con- to be an original cosponsor of this bill, Mr. SMITH of Texas. Mr. Chairman, I gress. and urge my colleagues to join me in yield 1 minute to gentleman from Who would oppose final approval of voting for it. Pennsylvania (Mr. FITZPATRICK). these rules that protect everyday Mr. CONYERS. Mr. Chairman, I am Mr. FITZPATRICK. I thank the Americans? Well, based on the track pleased to yield 21⁄2 minutes to the gen- chairman. record of the 112th Congress, some spe- tleman from Virginia, a member of the Over the past year, I’ve met with cial interest group would find a way. In Government Oversight Committee, Mr. hundreds of businesses throughout the fact, the REINS Act would allow spe- GERRY CONNOLLY. Eighth District of Pennsylvania, and cial interests a back-door entrance to Mr. CONNOLLY of Virginia. I thank from each of them I’ve heard a common have their way and weaken laws that my good friend from Michigan. theme: uncertainty from constant new protect the American people. Mr. Chairman, for the 173rd time this government regulation is impeding Mr. Chairman, we all know standing year our friends on the other side have their ability and willingness to invest here today this bill won’t become law; brought another anti-environmental, in our economy, expand their busi- and the majority knows it, too. Why? anti-public health bill to the floor. For nesses, and to create jobs. In fact, just Because it’s a bad idea. good reason, this House majority has In these last days of the year, what last night during a town hall, one of been identified as the most stridently we should be doing is finding a way to my constituents, Gallus Obert, la- anti-environmental Congress in history help the millions of unemployed Amer- mented at the fact that new and bur- icans who are looking for a job by ex- in a tragic refutation of Republicans’ densome regulations have driven small tending their unemployment insur- heretofore historic commitment to businesses—and with them, jobs—from ance. We should be helping middle conservation and public safety. Bristol Township in Bucks County. The REINS Act, like the Regulatory class Americans by helping extend This should come as no surprise to Accountability Act passed last week, their payroll tax cuts so that they can any of us. Even President Obama ad- has a poetic finality as it would block pay for the food and everything else mitted on January 18 that his adminis- any and all progressive regulations they’re putting on their table. That’s tration’s rules have placed unnecessary largely the legacy of Republican Teddy what the focus of this Congress should strain on businesses and stifled innova- be, not passing ill-conceived legislation Roosevelt. Under Teddy Roosevelt’s ad- tion and stifled job growth. that will only slow down the process ministration, in response to appalling Today, small businesses spend more even more. food processing conditions described in than $10,000 per employee to comply Mr. SMITH of Texas. Mr. Chairman, I Upton Sinclair’s ‘‘The Jungle,’’ Con- with Federal regulation. Compliance gress reacted and passed the first com- yield 11⁄2 minutes to the gentleman leads to higher consumer costs, lower from New York (Mr. GIBSON). prehensive food safety regulation. One wages, and reduced hiring. At the same Mr. GIBSON. I thank the chairman. hundred years later, the REINS Act, on time, the number of new rules and reg- I rise today in strong support of the the floor today, would block even the ulations continues to grow with each REINS Act. This bill is about rep- most commonsense regulations which passing year. Just as our Tax Code is in resentative democracy, transparency, Congress mandated just last session— need of reform, so is our ballooning and accountability. The concept is sim- new standards to protect Americans regulatory system. The REINS Act will ple: any new proposed regulatory rule from deadly contamination by Chinese provide the American people with both written by the Federal bureaucracy and Mexican imported foods. The congressional oversight and congres- that has an estimated economic impact REINS Act is a worthy piece of legisla- sional accountability for regulations greater than $100 million must first tion for those among us who actually stemming from legislation. come here before the Congress for an believe that Chinese factory farms Mr. CONYERS. Mr. Chairman, I am up-or-down vote before implementa- should ship contaminated, uninspected pleased to yield 3 minutes to the tion. food directly to American dinner ta- former chairman of the Education and To get our economy moving, to cre- bles. Labor Committee, the gentleman from ate jobs, to strengthen the jobs we President Teddy Roosevelt used the California, the Honorable GEORGE MIL- have now, and to raise the standard of Antiquities Act, written by a Repub- LER. living of all, we need to address the im- lican Congressman, Congressman Mr. GEORGE MILLER of California. pediments to growth—taxes, regula- Lacey of Ohio, to protect the Grand I want to thank the ranking member tions, health care costs, and energy Canyon—and thank God they did— for yielding. costs. The simple truth is Federal regu- when Congress at that time refused to The legislation before us today would lations have increased the cost of doing designate it as a National Park. The really destroy the ability of the Con- business and contributed to job loss REINS Act would prevent Federal land gress to create new regulations, to cre- and stifled new job creation. Even the management agencies from issuing reg- ate laws to protect the health and safe- President has acknowledged this when ulations to protect America’s greatest ty of the American citizens. It would he appeared in this Chamber to speak places from degradation by mining and also provide a great second bite at the to the American people. off-road vehicles. apple for every special interest in this

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.058 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8216 CONGRESSIONAL RECORD — HOUSE December 7, 2011 country that doesn’t like the regula- not have them game the system in the I rise today to oppose this bill, the tions to protect clean water and safe Congress of the United States. so-called REINS Act, and to urge my drinking water and the health and safe- Mr. SMITH of Texas. Mr. Chairman, I colleagues to act now on behalf of jobs ty of our workers and our children at yield 2 minutes to the gentleman from for America’s workers. Jobs are the play. Tennessee (Mr. DUNCAN). lifeblood of our economic growth and If you’re wondering what it would Mr. DUNCAN of Tennessee. Mr. that of the middle class, which is the look like when we wipe out the health Chairman, I rise in strong support of backbone of our democracy. and safety protections for Americans, this bill, and I thank the gentleman Mr. Chairman, for more than 330 days you need to look no further than the from Texas, Chairman SMITH, for yield- the Republican majority has failed to Upper Big Branch Mine in West Vir- ing me this time and I commend both put forward a clear jobs agenda, choos- ginia, where an explosion ripped him and the gentleman from Kentucky ing instead to propose initiatives that through the mine and killed 29 miners (Mr. DAVIS) for bringing this bill to the undermine job creation and only ben- in April of this year. That mine was op- floor to us at this time. efit the special interests. Today, as we erated as if there were no safety regu- Thomas Donohue, president of the approach the end of this year, Repub- lations. They treated their workers as U.S. Chamber of Commerce, in his licans have again refused to vote to ex- if there were no mine safety rules at all speech to the Jobs Summit a few pand the payroll tax cut for the middle because they overruled all of those reg- months ago said, ‘‘Taken collectively, class and unemployment benefits for ulations through criminal activity, the regulatory activity now underway those who have lost their jobs through through illegal activity, and those is so overwhelmingly beyond anything no fault of their own. They risk the miners were forced to work with essen- we have ever seen that we risk moving economic security really of all of us— tially none of the value of health and this country away from a government certainly the 99 percent—but we’re all safety regulations designed to protect of the people to a government of regu- in this together, as our President has their lives. lators.’’ said. And what happened in that mine I want to straighten out one thing, Democrats have been clear: We must without those regulations and without Mr. Chairman. This bill does not do not go home for the holidays without the benefit of those safety protections? away with any of the thousands and extending the payroll tax cut and un- An explosion ripped through that mine, thousands of laws and regulations that employment insurance benefits. We traveling 2,000 feet per second, and it are already on the book. It applies only shouldn’t be leaving hardworking consumed the lives of 29 miners. Twen- to new regulations, which will cost Americans high and dry over this holi- ty-nine workers died, and their fami- businesses and the consumer over $100 day season without doing their work. lies will never be the same. million each. I think the American This challenge poses a question: Why That’s what happens when you take people would be very surprised if they are we here? Republicans have chosen away the basic worker protections in- thought the Congress did not already to be here for massive tax cuts for peo- tended to make our economy function act on legislation and laws that would ple making over $1 million a year—not and to keep our workers safe. And cost our economy that much money. having $1 million; making over $1 mil- that’s what this bill on the floor today We’ve heard estimates today by the lion a year—300,000 Americans. Demo- would do. SBA that rules and regulations cost crats are here for the 160 million Amer- Now it’s even more interesting that small businesses almost $2 trillion a icans facing tax cut uncertainty be- the man who broke the laws, created year, and anywhere from $8,000 to cause of Republican inaction. But that system of no regulations for the $10,000 per employee. We have so many Democrats are here for everybody, for miners in the Upper Big Branch Mine thousands and thousands of laws and all Americans, because we all benefit for his own personal benefit and the rules and regulations on the books from a strong middle class with de- benefit of that of the corporation and today, Mr. Chairman, that they mand injected into our economy to cre- at the expense of his workers, may be haven’t even designed a computer that ate jobs. getting back into the mining business. can keep up with them, much less a Indeed, if we fail to act now on the Donald Blankenship got an $86 million human being. People are out there payroll tax cut and unemployment in- ‘‘golden parachute’’ after 29 mine every day violating laws that they surance, consider the consequences of workers died in West Virginia. And didn’t even know were in existence. that reduced demand to our economy. now he wants to open a new mine. Peo- b 1500 At least 600,000 jobs will be lost. Don’t ple who live in coal-mining States like The thousands and thousands of rules take it from me. Respective inde- Kentucky should be aware that a serial and regulations that we have today pendent economists have stated that. violator of basic mine safety laws is make it more difficult to run and Over 6 million out-of-work Americans coming to your State soon seeking to maintain a business than at any other would lose assistance in the beginning operate a mine. Mine companies under time in this country’s history, and of next year. his leadership have engaged in dan- they’re the cause of why so many small Now, consider if we do act—and act gerous and deadly practices that would businesses and medium-size businesses we must—putting more than $1,500 in pose a threat to mine workers in your are going under or being forced to the pockets of the typical middle class State. merge and why the big keep getting family. And every dollar invested in In the 2 years preceding the explosion bigger in almost every industry. unemployment insurance yields a re- of the Massey Company mines, they The REINS Act is a very modest at- turn of more than $1.50 in economic were cited over 10,000 times a year for tempt to end Washington’s almost un- growth. What’s important about that is violations. Under this provision, the checked regulatory power. And it what it does to inject demand into the coal mines come into Congress, they would apply only to regulations which economy. get the regulations, they cease to exist, cost over $100 million annually, so Money in the pockets of hardworking and they can go on their way, and there is nothing even close to being Americans, that’s what we want this there won’t be 10,000 citations for the radical about this bill. Congress to pass, instead of being so violation of occupational health and I hope my colleagues will join me in completely wedded to the idea that if safety to protect those miners, and supporting this bill, this very moderate we give tax cuts to the top 1 percent other miners will lose their lives like and reasonable bill. there will be a trickle-down effect. It those in the Upper Big Branch Mine. Mr. CONYERS. Mr. Chairman, I am hasn’t happened. I say to my colleagues in this House, honored at this time to recognize the As we approach the end of this year, you must defeat this incredibly offen- former Speaker of the House, the lead- Congress has a responsibility to ad- sive bill for every American, and you er, the gentlewoman from California, dress America’s top priority—job cre- must do so in the name of these 29 the Honorable NANCY PELOSI. ation and economic growth. It’s time mine workers who were killed in the The CHAIR. The gentlewoman from for us to put the interests of working Upper Big Branch Mine in West Vir- California is recognized for 1 minute. people ahead of the special interests. ginia. They died because a ruthless Ms. PELOSI. Thank you, Mr. Chair- We must act now to reignite the Amer- mine owner gamed the system. Let us man. ican Dream and build ladders of success

VerDate Mar 15 2010 03:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.060 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8217 for anyone willing to work hard and Ms. WOOLSEY. I thank our great tend unemployment benefits. Pass a play by the rules, to remove obstacles ranking member for allowing me this big, bold jobs bill. Put Americans back of participation for those who wish to time. to work, and stop wasting time on the do that. We must spur our economy, It is ironic; we’re here today debating REINS bill. put people to work, and strengthen our a bill supported by those in the Con- Mr. SMITH of Texas. Mr. Chairman, I middle class. gress who won’t cut taxes for the mid- yield 1 minute to the gentleman from Now, we should not go home for the dle class, but won’t budge when it Pennsylvania (Mr. GERLACH), a member holidays without passing the middle in- comes to making permanent the tax of the Ways and Means Committee. come tax—the payroll tax cut and un- cuts for the very wealthy. Mr. GERLACH. I thank the chair- employment insurance and SGR. And Why are we not here today talking man. I also want to thank Congress- there are other issues that need to be about extending the payroll tax cuts? man DAVIS of Kentucky for his great addressed that affect America’s great Why are we not here talking about ex- leadership on this important legisla- middle class. tending employment benefits? Why are tion. Mr. Chairman, Christmas is coming; we not working on a jobs bill? That’s While our small business owners are the goose is getting fat; please to put a what we should be doing. focused on meeting payroll, and their dollar in a worker’s hand. This Congress cannot—and I echo the employees are working hard making I urge my colleagues to vote ‘‘no’’ on words of our leader. This Congress can- products and delivering for customers, this REINS Act and to get to work to not leave for the holidays without en- unelected bureaucrats in Washington extend the payroll tax cut and unem- are putting in overtime coming up with ployment insurance for the American suring jobless Americans have the se- new rules and regulations. people. Only then will we increase de- curity of unemployment benefits that In 2010 alone, the Federal Govern- mand in our economy, create jobs, pro- will make their Christmas, their holi- ment issued 3,200 new regulations and mote economic growth, and put money day, the rest of their year livable. rules. That’s roughly nine rules per into the pockets of 160 million Ameri- I know firsthand what it’s like to fall day. Complying with all these regula- cans. Think of the difference that will on hard times and need a hand up. tions costs small business owners, as make instead of putting forth legisla- b 1510 was mentioned, an estimated $10,500 tion that has no impact on our eco- Forty years ago, when I was a single nomic growth, is not in furtherance of per employee each year. At a time mother raising three young children— when we are trying to create jobs, we job creation, is not in furtherance of my children were 1, 3, and 5 years old— strengthening the middle class, which need to have better accountability and I was lucky enough to have a job; so I is the backbone of our democracy. We transparency in Congress for the regu- didn’t need unemployment benefits. can’t go home without the payroll tax latory burdens the Federal Govern- But I did need Aid for Families With cut and unemployment benefits for all ment places on businesses as we try to Dependent Children just to make ends Americans who need them, who have rejuvenate our economy. lost their jobs through no fault of their meet. My family needed the compas- The REINS Act is a commonsense own. sion of the government and my fellow measure that would do just that, giv- Mr. SMITH of Texas. Mr. Chairman, I citizens just to survive. Without that ing workers and small business owners yield 1 minute to the gentleman from safety net, I don’t know what we would and others a voice in the process of ap- Ohio (Mr. JOHNSON). have done. proving regulations that will ulti- Mr. JOHNSON of Ohio. I thank the We cannot abandon people who have mately affect their jobs, their families, gentleman for yielding. been victimized by this sluggish econ- and their communities. This legisla- I rise in strong support of H.R. 10, the omy. These are proud people, who tion would make sure that job creators REINS Act, because America’s job cre- aren’t just willing to work; they’re des- don’t have to worry about unelected ators are buried in red tape and need perate to work. There are roughly five bureaucrats imposing regulations on certainty from the Federal Govern- unemployed Americans for every avail- them without the approval of their ment in order to create jobs. This bill able job. These folks need a life pre- elected Representatives. would provide that. server. I urge my colleagues to support this You know, when I travel up and down Extending unemployment benefits is legislation. eastern and southeastern Ohio, I hear a not just a moral imperative. It will Mr. SMITH of Texas. Mr. Chairman, I recurring theme from the businesses pump life back into the economy. It yield the balance of my time to the that I meet with: Government over- will give people money for their pock- gentleman from Georgia (Mr. KING- regulation is strangling their ability to ets that they can spend in their local STON). hire new employees, expand their busi- communities and in the shops and gro- The CHAIR. The gentleman from nesses, innovate, and compete. cery stores and other businesses that Georgia is recognized for 2 minutes. Today it costs a business over $10,000 they will inhabit and support if they Mr. KINGSTON. I thank the Chair- per employee just to comply with cur- have some money in their pockets. man. rent Federal regulations. This adminis- And I can’t believe that there are The REINS Act provides powerful, tration that claims it believes in re- some on the other side of the aisle who commonsense regulatory reform. It ducing the burden on small business is have been resisting this extension, reins in the costly overreach of Federal in the process of adding another $67 bil- sticking their finger in the eye of job- agencies that stifles job creation and lion worth of new regulations this year less Americans, while protecting lavish slows economic growth. alone. This administration is burying small tax cuts for millionaires and for bil- If we want to have jobs, we have to businesses, and enough is enough. The lionaires. That flies in the face of com- help the job creators. This bill restores REINS Act will simply return control mon sense and does violence to the the authority to impose major regula- of the regulatory process to the Amer- very values of who we are as American tions on those who are accountable to ican people, who are fed up with people. the voters, their elected Representa- unelected bureaucrats stopping job cre- One Republican Member even said tives in Congress. ation and delaying true economic re- just recently that, and I quote him, he Opponents of the bill resist it for two covery. said, ‘‘Congress ought to concentrate primary reasons. They say, number I strongly urge my colleagues to sup- on paying people to work, not paying one, it takes too much time for Con- port this legislation. people not to work.’’ Except his party gress to approve or disapprove major Mr. CONYERS. Mr. Chairman, I yield hasn’t lifted a single finger to do a sin- regulations. Secondly, they say Con- the balance of my time to our final gle thing about creating jobs in this gress isn’t expert enough to understand speaker, Representative LYNN WOOLSEY country. You can’t pay them to work whether major regulations should be of California, who is finishing out a when there is no work. approved or disapproved. Both objec- brilliant career. So I ask you, having experienced tions amount to one thing: their belief The CHAIR. The gentlewoman from what it means to have little kids that that Congress cannot be responsible California is recognized for 41⁄2 min- depend on you during hard times, I ask and accountable for major decisions utes. you, do not let these families down. Ex- that affect America’s economic life.

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.061 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8218 CONGRESSIONAL RECORD — HOUSE December 7, 2011 Fortunately, the Framers of the Con- attack by the Imperial Empire of Japan on These are the protections the authors of stitution saw things differently, and so Pearl Harbor, which unleashed America’s in- H.R. 10—and their corporate backers—want do most Americans. The Constitution volvement in World War II. Victory over Fas- to stop. gives Congress the Federal authority cism would come four years later. On this day I believe profoundly that government is a to regulate the economy, not the recalling Pearl Harbor, the House Republicans positive force that serves its people—and this unelected bureaucrats. If the Constitu- are bringing to the floor their own sneak attack is what H.R. 10 is really attacking. This is why tion gives the authority to Congress, on America’s government, and how it works to H.R. 10 is so offensive to our constitutional then Congress should be willing to ac- protect the safety, security, health and welfare system. cept the responsibility and the ac- of the American people. In the great debate over the size and scope countability for these decisions. We already have in place today an effective and role of government—which is a very legiti- We should and we will take the time. mechanism by which Congress can overturn mate and important discussion—the rhetoric We should and we will hold hearings. regulations by government agencies that are from the Republicans that has gained the We should and we will allow amend- judged to be unjustified, overly broad, too most traction is that regulations from Wash- ments on the floor and votes and, most harsh, excessively expensive or not in the ington are ‘‘job killers,’’ and that these agen- importantly, Mr. Chairman, trans- public interest. There is in place today a court cies must be stopped before they kill more parency, something that the job cre- of appeal for bad regulations. That process is jobs again. ators are not being allowed right now. called the Congressional Review Act, and it But this is a lie. David Brooks, a very con- This administration has admitted its provides expedited consideration by Congress servative columnist, assessed these issues failure to consider the costs and the of a measure to veto an offending rule. If this week in the New York Times: benefits when it imposes major new Members of Congress have issues with regu- Over the past 40 years, small business lead- regulations. This administration clear- latory overreach by an agency, there is a con- ers have eloquently complained about the ly intends to force through the regu- stitutional remedy in place today to stop that regulatory burden. And they are right to. latory process things that they cannot agency. Moreover, Congress can pass limits But it’s not clear that regulations are a achieve in the people’s Congress. They major contributor to the current period of on the agency funding to curtail unwise activi- slow growth. do not want the transparency. They do ties. The Bureau of Labor Statistics asks com- not want the constituent input, and But that is not enough for the House Repub- panies why they have laid off workers. Only they do not want to have the hearings licans. They want to cripple the Executive 13 percent said regulations were a major fac- where experts from all over the coun- Branch and its regulatory agencies altogether. tor. That number has not increased in the try can give balanced testimony. They do so in this bill, by changing the burden past few years. According to the bureau, The American people struggle enough of proof in the ability of agencies to develop roughly 0.18 percent of the mass layoffs in under the Obama administration’s and implement rules that are developed, in the the first half of 2011 were attributable to reg- failed economic policy. It’s time for ulations. first instance, pursuant to laws enacted by Some of the industries that are the subject Congress to say, Enough. Congress. These are not rogue agencies; they of the new rules, like energy and health care, I urge my colleagues to vote for the are implementing policy and directives that have actually been doing the most hiring. If REINS Act. Let’s help the job creators Congress has passed and the President has new regulations were eating into business, and vote ‘‘yes.’’ signed into law. we’d see a slip in corporate profits. We are Mr. HOLT. Mr. Chair, I rise in opposition to But H.R. 10 says that no major rule can be- not. the so called Regulations from the Executive come law unless and until Congress passes— There are two large lessons here. First, Re- in Need of Scrutiny Act. Just as the authors and the President signs—a joint resolution ap- publican candidates can say they will de- went through contortions to generate names regulate and, in some areas, that would be a proving the specific regulation. In other words, good thing. But it will not produce a short- with a cute acronym, so this bill is very . . . nothing happens unless Congress says it is term economic rebound because regulations This misguided legislation would undermine OK—and that means nothing will happen. are not a big factor in our short-term prob- the ability of federal agencies to promulgate Congress is an institution where we cannot lems. and enforce safeguards that protect public even pass all the individual bills funding the Second, it is easy to be cynical about poli- health and our environment. government by the start of the fiscal year. The tics and to say that Washington is a polar- Today again the Majority is showing the last time that happened was in 1994, and it ized cesspool. And it’s true that the interest American public that they don’t think we have has happened only three times since 1948. groups and the fund-raisers make every dis- a jobs crisis in America, and that getting With that track record, it is not credible to as- agreement seem like a life-or-death struggle. But, in reality, most people in government Americans back to work is not their top pri- sert that Congress can process hundreds of are trying to find a balance between difficult ority. Getting the American economy back on major rules by government agencies in a time- trade-offs. Whether it’s antiterrorism policy track and helping to create jobs is my first, ly fashion. or regulatory policy, most substantive dis- second and third priority. Unlike the Majority, The deadlock that we see in Congress this agreements are within the 40 yard lines. I remain committed to creating jobs imme- year will become perpetual gridlock for the Obama’s regulations may be more intru- diately and expanding educational opportunity functioning of the Executive Branch and inde- sive than some of us would like. They are for all Americans. pendent regulatory agencies. not tanking the economy. The so called REINS Act is legislation in One suspects, in fact, that this is the true in- H.R. 10 is a dangerous bill. It is a direct at- search of a problem. Federal agencies cannot tent of those supporting H.R. 10: to destroy tack on how our government works to protect create rules and regulations without statutory the workings of our government. And it is for the public interest. It is based on a completely authority that is granted by Congress, and this reason that I wholeheartedly oppose this false premise. Congress already has the ability to overturn bill. H.R. 10, a bill to veto regulations, deserves agency rules. The REINS Act would require No special interest should be powerful its own special veto by Congress and, if nec- Congress to vote within seventy days on all enough to eclipse the public interest—but this essary, by the President of the United States. major rules, creating an unprecedented level bill lets the special interests who are being Mr. DINGELL. Mr. Chair, I rise in strong op- of uncertainty for the vast number of busi- regulated win every time. position to H.R. 10, the REINS Act. This mis- nesses, organizations, and other entities that If this bill were law, all of the historic legisla- guided piece of legislation would do nothing to already comply with government protections tion we passed into law during the Obama put people back to work, it would do nothing affecting food and drug safety and air and presidency would be vulnerable to re-litigation to reinvigorate the economy, and it would do water pollution. by powerful special interests as agencies work nothing to rein in our debt and excessive def- The REINS Act puts politics above the safe- to put into place the rules to implement those icit. Worse yet, it would serve to make our ty and health of the American people. We laws. Just this year alone, at risk would be government even more dysfunctional. By pro- should let the scientists and experts in the rules that prevent health insurance companies hibiting all major regulations from going into agencies develop and enforce rules like the from discriminating against people with pre-ex- effect unless Congress enacts a joint resolu- Clean Air and Clean Water Acts that protect isting conditions; rules that ban the marketing tion of approval, the REINS Act would put up all Americans from toxic air pollution and of tobacco products to children; rules that im- a major roadblock for implementing important water-borne illness. I urge my colleagues to prove toy safety and reduce lead in products; consumer protections, including regulations vote no on this dangerous bill. and rules that require higher fuel economy which help keep our food safe and prevent Mr. WAXMAN. Mr. Chair, today, December standards for cars and reduce mercury and Wall Street from rascality that could bring our 7th, is the 70th anniversary of the brutal sneak other toxic emissions from power plants. economy to its knees again.

VerDate Mar 15 2010 04:54 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K07DE7.063 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8219 Supporters of this legislation claim that the when the safety and security of the American Critical infrastructure in the Nation is com- Obama administration’s excessive regulations people are at risk. posed of public and private institutions in the are crippling our economy. However, the con- According to a study conducted by the Eco- sectors of agriculture, food, water, public servative columnist David Brooks of The New nomic Policy Institute, public protections and health, emergency services, government, de- York Times recently pointed out that in a re- regulations ‘‘do not tend to significantly im- fense industrial base, information and tele- cent poll by the Bureau of Labor Statistics, pede job creation’’, and furthermore, over the communications, energy, transportation, bank- only 13 percent of companies said regulations course of the last several decades, the bene- ing and finance, chemicals and hazardous ma- were a major factor in why they laid off work- fits of federal regulations have significantly terials, and postal and shipping. ers. Interestingly, this number has stayed outweighed their costs. With cyberspace as their central nervous steady over time. If overregulation is what is There is no need for this legislation, aside system—it is the control system of our coun- hampering our economy, you would expect a from the need of some of my colleagues to try. Cyberspace is composed of hundreds of big spike in this number. This leads Mr. protect corporate interests. This bill would thousands of interconnected computers, serv- Brooks to conclude that ‘‘Obama’s regulations make it more difficult for the government to ers, routers, switches, and fiber optic cables may be more intrusive than some of us would protect its citizens, and in the case of the De- that allow our critical infrastructures to work. like. They are not tanking the economy.’’ I partment of Homeland Security, it endangers Thus, the healthy, secure, and efficient func- would urge all members to read this column to the lives of our citizens. tioning of cyberspace is essential to both our help dispel some common myths about the In our post 9/11 climate, homeland security economy and our national security. impact regulations are having on our economy continues to be a top priority for our nation. As In light of an attack that threatens the today. we continue to face threats from enemies for- United State’s cyber protection, Homeland Se- It is important to note that Congress already eign and domestic, we must ensure that we curity officials may need to issue emergency has the authority to review regulations before are doing all we can to protect our country. regulations quickly. Attacks can be sent in- they go into effect. The Congressional Review DHS cannot react to the constantly changing stantly in cyber space, and the protection of Act of 1996 allows Congress to pass a joint threat landscape effectively if they are subject our critical infrastructure cannot be mitigated resolution to overturn a regulation to block its to this bill. by cumbersome bureaucracy. Since the creation of the Department of implementation. Additionally, all regulations As the Representative for the 18th District of Homeland Security in 2002, we have over- must be subject to a public comment period, Texas, I know about vulnerabilities in security hauled the government in ways never done giving this body and members of the general firsthand. Of the 350 major ports in America, before. Steps have been taken to ensure that public ample time to weigh in with their con- the Port of Houston is the one of the busiest. the communication failures that led to 9/11 do More than 220 million tons of cargo moved cerns. Given that these safeguards are al- not happen again. The Department of Home- ready in place, it makes you wonder if the through the Port of Houston in 2010, and the land Security has helped push the United port ranked first in foreign waterborne tonnage supporters of the bill seek simply to kill all reg- States forward in how protect our nation. Con- ulations, including those that keep pollution for the 15th consecutive year. The port links tinuing to make advance in Homeland security Houston with over 1,000 ports in 203 coun- out of our air and water, our armed forces and intelligence is the best way to combat the tries, and provides 785,000 jobs throughout safe, our commerce uninterrupted and our threats we still face. the state of Texas. Maritime ports are centers foods safe to eat. The Department of Homeland Security is H.R. 10 is a crass attempt to stop important tasked with a wide variety of duties under its of trade, commerce, and travel along our Na- consumer protections by those who are fun- mission. One example of an instance where tion’s coastline, protected by the Coast Guard, damentally opposed to any government inter- DHS may have to act quickly to establish new under the direction of DHS. If Coast Guard intelligence has evidence of vention in the private sector. I urge all mem- or emergency regulations is the protection of bers to oppose this flawed legislation, and get our cyber security. a potential attack on the port of Houston, I back to work doing the business of the Amer- In the past few years, threats in cyberspace want the Department of Homeland Security to ican people—producing a balanced plan to re- have risen dramatically. The policy of the be able to protect my constituents, by issuing duce our deficit, invest in our infrastructure, United States is to protect against the debili- the regulations needed without being subject and put the American people back to work. tating disruption of the operation of information to the constraints of this bill. Ms. JACKSON LEE of Texas. Mr. Chair, I systems for critical infrastructures and, there- The Department of Homeland Security de- rise today in support of my amendment #6, to by, help to protect the people, economy, and serves an exemption not only because they H.R. 10, ‘‘Regulations from the Executive in national security of the United States. may need to quickly change regulations in re- Need of Scrutiny’’ (REINS). This bill amends We are all affected by threats to our cyber sponse to new information or threats, but also the Congressional Review Act (CRA) to re- security. We must act to reduce our because they are tasked with emergency pre- quire Congressional approval of all major rules vulnerabilities to these threats before they can paredness and response. (rules with an economic impact that is greater be exploited. A failure to protect our cyber Take for example U.S. Immigration and than $100 million). If Congress fails to act systems would damage our Nation’s critical in- Customs Enforcement (ICE) which identifies within 70 days the rule cannot be imple- frastructure. So, we must continue to ensure prosecutorial discretion as ‘‘the authority of an mented. This change is targeted directly at ex- that such disruptions of cyberspace are infre- agency charged with enforcing a law to decide ecutive agencies and does nothing to create quent, of minimal duration, manageable, and to what degree to enforce the law against a jobs. Under current law Congress can provide cause the least possible damage. particular individual.’’ When ICE favorably ex- oversight and disapprove of a promulgated Like other national security challenges in the ercises prosecutorial discretion, it ‘‘essentially bill. post 9/11 era, the cyber threat is multifaceted decides not to assert the full scope of the en- My amendment would exempt all rules pro- and without boundaries. Some cyber attackers forcement authority available to the agency in mulgated by the Department of Homeland Se- are foreign nations that utilize their military or a given case.’’ curity. As a Senior Member of the Homeland intelligence-gathering operations, whereas oth- In the civil immigration enforcement context, Security and Ranking Member of the Trans- ers are either operating alone or are con- prosecutorial discretion may take the form of a portation Security Subcommittee, I am very nected to terrorist groups. In addition, there broad range of discretionary enforcement deci- concerned about any legislation that would are cyber threats that are international or do- sions, including: focusing enforcement re- hinder the Department of Homeland Security’s mestic criminal enterprises. sources on particular administrative violations ability to respond to an emergency. According to the Government Accountability or conduct; deciding whom to stop, question, The bill would add new review requirements Office (GAO), the number of cyber incidents or arrest for an administrative violation; decid- to an already long and complicated process, reported by Federal agencies to US–CERT ing whether a suspect will be detained or re- allowing special interest lobbyists to second- has increased dramatically over the past four leased on bond; and granting deferred action, guess the work of respected scientists and years, from 5,503 cyber incidents reported in granting parole, staying a final order of re- staff through legal challenges, sparking a FY 2006 to about 30,000 cyber incidents in FY moval, or other alternative to obtaining a for- wave of litigation that would add more costs 2009 (over a 400 percent increase). mal order of removal. and delays to the rulemaking process, poten- The four most prevalent types of cyber inci- Let me be clear; prosecutorial discretion is tially putting the lives, health and safety of mil- dents and events reported to US–CERT dur- not amnesty; it is done on a case by case lions of Americans at risk. ing FY 2009 were malicious code; improper basis to ensure that the limited resources ICE The Department of Homeland Security sim- usage; unauthorized access and incidents has to work with are put toward removing ply does not have the time to be hindered by warranting further investigations (unconfirmed those who pose a threat to the safety and se- frivolous and unnecessary litigation, especially malicious or anomalous activity). curity of the American people. Allowing ICE to

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\CR\FM\A07DE7.048 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8220 CONGRESSIONAL RECORD — HOUSE December 7, 2011 identify and focus on priorities strengthens im- from millions of people being kicked off unem- no longer score the budget authority, outlays, migration enforcement by targeting the right ployment insurance and Medicare providers or receipts authorized by a statute to that stat- individuals. having their payments cut by 27% making it ute if those budgetary effects are contingent Furthermore, ICE Director John Morton difficult for seniors to find a doctor or get ac- on the adoption of a major regulation. Instead, issued a memorandum in March of 2011 that cess to care. Instead of dealing with those those budgetary effects would be charged to outlined the enforcement policies for the agen- pressing issues we are voting on another ide- the joint resolution approving the major regula- cy. Among the priority enforcement cases ological Republican message bill. More false tion. While this approach would maintain the were aliens posing a risk to national security promises from the Republican House Leader- principle that the legislation that actually or public safety, recent illegal entrants, and ship that jobs will miraculously appear if we causes the budgetary effects would be those who are fugitives or have a history of just eliminate rules that keep our food safe to charged with the costs incurred, in practice it violating U.S. immigration law. eat, our air and water clean, and our cars safe would create potential problems. Because the Director Morton’s memorandum indicates to drive. REINS Act waives all points of order against that prosecutorial discretion is by no means The REINS Act is aimed at making govern- the approval resolutions, there would be a po- widespread, blanket amnesty for undocu- ment less efficient and less responsive to the tential circumstance where new mandatory mented aliens; it is a law enforcement method issues facing our country. The legislation spending or other budgetary effects would es- used by many agencies, including ICE, under would make it nearly impossible for the gov- cape Congressional budget enforcement. This Republican and Democratic administrations. In ernment to pass regulations. Any rule devel- provision retains the current practice of scor- fact, prosecutorial discretion allows ICE to al- oped by an agency through the extensive no- ing the budgetary impact to the legislation that locate its resources to ensure their enforce- tice and comment process that we currently creates the rulemaking authority and ensures ment efforts provide for the safety and security use would now be forced through both houses new spending created by that legislation would of the nation. Why would this rule need addi- of Congress, where majorities would have to be fully subject to budget enforcement. tional scrutiny? affirmatively vote within 70 days or the rule I am pleased that this potential problem has And another major impact rule deals with would disappear. Under the REINS Act, pro- been addressed, and I strongly support this ef- the U.S. Citizenship and Immigration Services posed rules would be subject to even more fort to restrain Washington’s regulatory over- Fee Schedule the final rule will provide DHS rounds of approval in a new system biased to reach and create a more conducive environ- with an average of $209 million in FY2010 and ensure that these rules fail to be adopted. ment for job creation. FY2011 annual fee revenue, based on a pro- Did any one of the Republican cosponsors DESCRIPTION OF THE RYAN AMENDMENT TO THE REINS jected annual fee-paying volume of 4.4 million of this legislation ever take a class in govern- ACT immigration benefit requests and 1.9 million ment or civics when they were in high school? The Ryan Amendment self-executed in the requests for biometric services, over the fee Passing a law requires approval of the House, rule governing debate for H.R. 10 amends revenue that would be collected under the cur- Senate, and then the President. Congress section 257 of the Balanced Budget and rent fee structure. The increased revenue will then delegates the relevant rulemaking to the Emergency Deficit Control Act of 1985 (2 be used to fund the full cost of processing im- agencies because these agencies have the U.S.C. § 907) (BBEDCA) in order to ensure migration benefit applications and associated manpower, time and expertise to develop the that any budgetary costs associated with ap- support benefits; the full cost of providing simi- appropriate rules. This legislation turns the re- proving or disapproving regulations authorized lar benefits to asylum and refugee applicants; lationship between the three branches of gov- by legislation are properly accounted for under and the full cost of similar benefits provided to ernment, and our entire regulatory system, on the congressional budget process. Section others at no change. These are the sorts of its head. 257 of BBEDCA defines the budgetary base- rules that are going to be needlessly hindered Our economy needs a level playing field line calculated by the Congressional Budget by this Legislation. that protects consumers and small business Office and the Office of Management and Again, instead of focusing on jobs we are from corporate and other special interests. Budget. This amendment requires that the focusing on regulations that Congress already Science-based regulation helps to create a baseline include any changes in budget au- has the power to review and prevent its imple- stable and fair marketplace for consumers and thority, outlays, or receipts resulting from regu- mentation if and when necessary. businesses alike. The REINS Act would fur- lations necessary to implement a law. Con- There are many challenges our communities ther empower big business to challenge regu- sistent with this requirement, the Congres- face when we are confronted with a cata- lations that they disagree with regardless of sional Budget Office and the Office of Man- strophic event or a domestic terrorist attack. It the benefits to the public health and welfare. agement and Budget will continue to score is important for people to understand that our This is yet another Republican attack on the legislation that provides the legal authority to capacity to deal with hurricanes directly re- American middle class intended to please their promulgate implementing regulations with the flects our ability to respond to a terrorist attack corporate benefactors. I cannot support this budgetary implications resulting from the regu- in Texas or New York, an earthquake in Cali- legislation and I urge my fellow members to lations. fornia, or a nationwide pandemic flu outbreak. join me in voting ‘‘no.’’ Absent this provision, CBO has indicated On any given day the city of Houston and Mr. RYAN of Wisconsin. Mr. Chair, I rise in that once the REINS Act is enacted, it would cities across the United States face a wide- support of the Regulations from the Executive no longer score the budget authority, outlays, spread and ever-changing array of threats, in Need of Scrutiny Act of 2011 (REINS Act), or receipts authorized by a statute to that stat- such as: terrorism, organized crime, natural which will ensure that major policy decisions ute if those budgetary effects are contingent disasters and industrial accidents. are made by the people’s representatives in on the adoption of a major regulation. Instead, Cities and towns across the nation face Congress and not by unelected bureaucrats. those budgetary effects would be charged to these and other threats. Indeed, every day, The bill requires that major regulations can- the joint resolution approving the major regula- ensuring the security of the homeland requires not go into effect until approved by Congress. tion. This amendment maintains the current the interaction of multiple Federal departments Under current law, these economically signifi- law practice for scoring the original authorizing and agencies, as well as operational collabo- cant regulations go into effect without further legislation. ration across Federal, State, local, tribal, and action by Congress. This legislation’s sensible Mr. RAHALL. Mr. Chair, in recent weeks, territorial governments, nongovernmental orga- reform has important implications for the con- the House of Representatives has taken up nizations, and the private sector. We can sideration of legislation that authorizes regula- three major bills designed to address concerns hinder the Department of Homeland Security’s tions that result in mandatory spending or about executive agency overreach in regu- ability to protect the safety and security of the other budgetary effects. The Congressional latory proposals. American people. Budget Office’s (CBO) longstanding policy is I supported the first two bills—H.R. 3010, I urge my colleagues to support the Jackson to score legislation providing such regulatory the Regulatory Accountability Act, and H.R. Lee amendment in order to ensure that regu- authority with the full budgetary effects of im- 527, the Regulatory Flexibility Act. I believe lations that save lives that are promulgated by plementing that legislation. The rule governing they would have improved the current regu- the Department of Homeland Security are not consideration of H.R. 10 added a provision to latory approval scheme. The bills alternatively unnecessarily delayed by this legislation. the bill, titled the Budgetary Effects of Rules would have codified the use of critical cost- Mr. STARK. Mr. Chair, I rise in opposition to Subject to Section 802 of Title 5, United benefit analyses and the consideration of less H.R. 10, the Regulations from the Executive in States Code, that ensures this practice con- costly regulatory alternatives, and helped to Need of Scrutiny Act (REINS Act). It is unfor- tinues. ensure the opportunity for additional public tunate but not surprising that we are voting on Absent this provision, CBO has indicated participation, especially in regard to small this legislation today. We are just weeks away that once the REINS Act is enacted, it would businesses. Both bills contained provisions

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 9920 E:\CR\FM\A07DE7.051 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8221 that would have helped to address the con- one of the best stimuli for our struggling econ- President signs the resolution of disapproval, cerns of my State, which has felt under siege omy; and they are blocking even just a tem- the regulation is not implemented. Additionally, in recent months by a raft of regulatory actions porary fix to cuts in fairer payments to the it is important to note that federal agencies are affecting the coal industry and emanating from doctors who take care of our elderly and peo- only issuing rules to implement statutes that the Environmental Protection Agency. ple with disabilities. have been enacted by Congress. Federal Today, the House is considering H.R. 10, But that was not bad enough, now comes agencies must adhere to the statute when pro- the Regulations in Need of Scrutiny Act. This the REIN Act to prevent government from ful- mulgating a rule. Congress can also impose bill would require the Congress to approve all filling its critical role to provide services, and to restrictions on agency rulemaking through the major rules projected to cost $100 million or protect the safety, health and wellbeing of appropriations process by preventing agencies more. I believe this is, at the very least, an im- people of this country. from using funds to implement or enforce cer- practical idea, given the number of rules that They claim they are doing this to get Con- tain rules. Congress may also revamp rule- would have to be considered in the midst of gress to do their job. Well as far as I can see making procedures. In addition to the Con- other legislative business. It also raises seri- Congress was doing their job pretty well in the gressional Review Act, Congress has enacted ous questions about the legal status of rules recent Congresses, but that all ground to a the Unfunded Mandates Reform Act, the Reg- promulgated by the executive agencies and halt with this one. ulatory Flexibility Act, and the Paperwork Re- approved by the Congress, subjecting even In all of the over 9 months of this Congress duction Act. All of these bills reform the proce- the least controversial rules to potential litiga- the Republican leadership has talked a lot dures for federal rulemaking by federal agen- tion in the courts. In addition, it subjects the about jobs but done absolutely nothing to cre- cies. Congressional schedule to the whims of the ate even one and they have held up or weak- This bill before us today is unnecessary and executive agencies and their regulatory agen- ened laws that would have created the jobs potentially harmful to the public health and da. the American people need. safety. I urge my colleagues to oppose this But worse still, I believe such a requirement In fact they have wasted these nine months bill. could be detrimental to the functions of gov- by insisting on bringing legislation to the floor Mr. BLUMENAUER. Mr. Chair, as an admin- ernment, the certainty required by business, with rhetoric that would keep the fringe ele- istrator and policymaker at the local, state, and the stability desired for the economy. ments of their party happy, but go absolutely and federal levels, I have often seen the value Considering the inability of the current Con- nowhere and do absolutely nothing. of common-sense regulations that save lives. gress to pass important and even popular leg- This is yet another bad bill, with a bad intent I have also seen the challenges associated islation, the requirements of this bill would al- that has wasted our time. with cumbersome regulations that can some- times appear to be bureaucracy at its worst. most certainly put rules, even rules supported The people of this country want government However, in my experience, regulations tend by the business community that endorses this to be there to protect their homes, their money to be less stringent than necessary rather than bill and rules that may be promulgated by fu- and their retirement, to keep them safe at overly strict. While I am very open to dis- ture Administrations more favorable to busi- work and in their neighborhoods, to provide cussing how we can make regulations more ness, in complete limbo. them with access to quality health care, to en- In this Congress, bipartisan efforts like the sure that their children will have a sound edu- effective and efficient, I am extremely dis- appointed with the anti-regulatory agenda of surface transportation reauthorization have be- cation and meaningful opportunities. the House leadership. come mired in partisan squabbles; the Federal I ask my colleagues to do what the people are calling on us to: create jobs, extend the Congress today considers yet another at- Aviation Administration suffered a partial shut- tack on our government’s basic ability to en- payroll reduction and unemployment insurance down when a mere extension of its authority force laws that protect public health and the and pay our doctors a fairer fee for their serv- was tangled in a partisan mess. When matters environment. Every major law requires en- ices; and to stop attacking these necessary of such importance to our nation, matters that forcement by the executive branch of govern- functions of government. They not only under- are clearly necessary to get our country back ment, and enforcement requires agencies to mine the role of government, but they are on the right economic track, are sidelined in- write regulations that explain and make public weakening our country and making us the definitely, I question whether it is wise to sub- how that agency is going to enforce the law. laughing stock of the world. ject so many rules to the uncertainty of the The bills under consideration by the House will They should withdraw the REIN Act, but Congressional approval process. What’s more, stop the regulatory process in its tracks. Agen- since they won’t, we need to vote it down and when one of the most stringent complaints cies will not be able to enforce new laws or get on with the important issues our fellow about the current regulatory process centers complete updates to regulations as required Americans want us to address. on concerns that proposed regulations are po- by existing laws, such as the Clean Air Act. litically motivated, it makes no sense to further Mr. VAN HOLLEN. Mr. Chair, I rise in oppo- H.R. 10, the REINS Act, requires both the subject them to the whims of an inherently po- sition to H.R. 10, the so-called ‘‘Regulations House and the Senate to vote on every major litical institution. from the Executive in Need of Scrutiny regulation before that regulation can be en- So, while I support critical Congressional (REINS) Act of 2011.’’ forced, providing only seventy days to do it. oversight of executive agency rules, more Federal agencies issue rules based on stat- This will allow either house of Congress to ef- public input in the rulemaking process, better ues created when Congress and the President fectively veto any major regulation that would cost-benefit analyses of the impact on busi- enact legislation. These agencies devote enforce a law already passed by Congress nesses large and small, and the consideration months and even years conducting research, merely by taking no action. of less costly regulatory alternatives, I must gathering expertise from skilled professionals, H.R. 3010, the Regulatory Accountability decline to support H.R. 10. and seeking public input when crafting major Act, adds additional requirements to the regu- Mrs. CHRISTENSEN. Mr. Chair, the REIN rules. Congress relies on these agencies to latory process and overrides standards in ex- Act is the culmination of all of the anti-regula- promulgate these rules, because they have isting laws that protect public health and safe- tion, anti-government and especially anti- expertise in a given area. However, this bill ty. This bill would require agencies to analyze President Obama legislation that has been would require that congressional politics play a not only the direct costs of regulatory brought to this body since January 2009. part in deciding complicated rules and regula- changes, but also vaguely defined indirect All of the political gymnastics we and the tions. By preventing agencies from enacting costs, as well as costs and benefits of poten- White House have been put through has rules, this bill could undermine the ability of tial alternative rules. The bill requires agencies made it extremely difficult for our President agencies to protect the public’s health and in nearly every case to use the least costly who tried very hard to craft bipartisan solu- safety. rule, instead of balancing costs and benefits tions to be able to pass much of his agenda. Supporters of this legislation make the an- as required in existing laws. This standard will I am glad that he is now doing whatever he ecdotal claim that this bill is needed to stop a make it nearly impossible for an agency to can through executive orders, because yes— plethora of regulations. They forget that Con- regulate at all, because there is always an al- our country cannot wait. gress currently has considerable power, even ternative that could be less costly, even if the Even today, with only a few weeks before the responsibility at times, to alter and influ- public at large bears the much higher cost of the deadlines, our Republican colleagues are ence federal rulemaking. Congress has the less protective rules. blocking extending the payroll tax to keep fam- power under various means to review and re- H.R. 527, the Regulatory Flexibility Act, ex- ilies from losing about 1,000 badly needed ject rules issued by executive agencies. Under pands the review that agencies must conduct dollars next year, they are blocking the exten- the Congressional Review Act, Congress may before issuing new regulations to include an sion of unemployment benefits which not only pass a joint resolution disapproving any rule evaluation of all reasonably foreseeable ‘‘indi- helps families, including children, but is clearly within 60 days of receiving the rule. If the rect’’ costs of regulations, especially to small

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 9920 E:\CR\FM\A07DE7.043 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8222 CONGRESSIONAL RECORD — HOUSE December 7, 2011 businesses. Virtually any proposed agency ac- ‘‘§ 801. Congressional review endar-day period if the President makes a deter- tion—even a guidance document designed to ‘‘(a)(1)(A) Before a rule may take effect, the mination under paragraph (2) and submits writ- help a business comply with a rule—could be Federal agency promulgating such rule shall ten notice of such determination to the Con- submit to each House of the Congress and to the gress. subject to a lengthy regulatory process. The ‘‘(2) Paragraph (1) applies to a determination additional analysis would make any change to Comptroller General a report containing— ‘‘(i) a copy of the rule; made by the President by Executive order that a regulation even more difficult. There are al- ‘‘(ii) a concise general statement relating to the major rule should take effect because such ready more than 110 separate procedural re- the rule; rule is— quirements in the rulemaking process; addi- ‘‘(iii) a classification of the rule as a major or ‘‘(A) necessary because of an imminent threat tional review and analysis will not improve reg- nonmajor rule, including an explanation of the to health or safety or other emergency; ulations, but merely add to delay. classification specifically addressing each cri- ‘‘(B) necessary for the enforcement of criminal These bills add additional steps on top of teria for a major rule contained within sections laws; the current process. For major regulations the 804(2)(A), 804(2)(B), and 804(2)(C); ‘‘(C) necessary for national security; or ‘‘(iv) a list of any other related regulatory ac- ‘‘(D) issued pursuant to any statute imple- process, from writing a regulation to its en- menting an international trade agreement. forcement, can already take four to eight tions intended to implement the same statutory provision or regulatory objective as well as the ‘‘(3) An exercise by the President of the au- years. If Congress feels at the end of that individual and aggregate economic effects of thority under this subsection shall have no ef- process that a regulation is inappropriate in those actions; and fect on the procedures under section 802. any way, it already has the authority to vote to ‘‘(v) the proposed effective date of the rule. ‘‘(d)(1) In addition to the opportunity for re- overturn that regulation and direct the agency ‘‘(B) On the date of the submission of the re- view otherwise provided under this chapter, in to start over. These bills are unnecessary. port under subparagraph (A), the Federal agen- the case of any rule for which a report was sub- It’s time for Congress to move beyond a de- cy promulgating the rule shall submit to the mitted in accordance with subsection (a)(1)(A) during the period beginning on the date occur- bate about repealing regulations and focus in- Comptroller General and make available to each House of Congress— ring— stead on how to make them more effective ‘‘(A) in the case of the Senate, 60 session days, and efficient. I strongly oppose these three ‘‘(i) a complete copy of the cost-benefit anal- ysis of the rule, if any; or bills that do not make any changes for the bet- ‘‘(ii) the agency’s actions pursuant to sections ‘‘(B) in the case of the House of Representa- ter, but instead jeopardize important progress 603, 604, 605, 607, and 609 of this title; tives, 60 legislative days, on protecting health and safety. ‘‘(iii) the agency’s actions pursuant to sec- before the date the Congress is scheduled to ad- The CHAIR. All time for general de- tions 202, 203, 204, and 205 of the Unfunded journ a session of Congress through the date on bate has expired. Mandates Reform Act of 1995; and which the same or succeeding Congress first In lieu of the amendment in the na- ‘‘(iv) any other relevant information or re- convenes its next session, sections 802 and 803 ture of a substitute recommended by quirements under any other Act and any rel- shall apply to such rule in the succeeding ses- sion of Congress. the Committee on the Judiciary, print- evant Executive orders. ‘‘(C) Upon receipt of a report submitted under ‘‘(2)(A) In applying sections 802 and 803 for ed in the bill, the amendment in the purposes of such additional review, a rule de- nature of a substitute recommended by subparagraph (A), each House shall provide copies of the report to the chairman and rank- scribed under paragraph (1) shall be treated as the Committee on Rules, printed in the ing member of each standing committee with ju- though— bill, modified by the amendment print- risdiction under the rules of the House of Rep- ‘‘(i) such rule were published in the Federal ed in part A of House Report 112–311 resentatives or the Senate to report a bill to Register on— shall be considered as adopted, shall be amend the provision of law under which the ‘‘(I) in the case of the Senate, the 15th session rule is issued. day, or considered as an original bill for pur- ‘‘(II) in the case of the House of Representa- pose of further amendment under the 5- ‘‘(2)(A) The Comptroller General shall provide a report on each major rule to the committees of tives, the 15th legislative day, minute rule, and shall be considered after the succeeding session of Congress first read. jurisdiction by the end of 15 calendar days after the submission or publication date as provided convenes; and ‘‘(ii) a report on such rule were submitted to The text of the bill, as amended, is as in section 802(b)(2). The report of the Comp- Congress under subsection (a)(1) on such date. follows: troller General shall include an assessment of ‘‘(B) Nothing in this paragraph shall be con- H.R. 10 the agency’s compliance with procedural steps strued to affect the requirement under sub- Be it enacted by the Senate and House of Rep- required by paragraph (1)(B). section (a)(1) that a report shall be submitted to resentatives of the United States of America in ‘‘(B) Federal agencies shall cooperate with the Congress before a rule can take effect. Congress assembled, Comptroller General by providing information ‘‘(3) A rule described under paragraph (1) relevant to the Comptroller General’s report SECTION 1. SHORT TITLE. shall take effect as otherwise provided by law under subparagraph (A). This Act may be cited as the ‘‘Regulations (including other subsections of this section). From the Executive in Need of Scrutiny Act of ‘‘(3) A major rule relating to a report sub- 2011’’. mitted under paragraph (1) shall take effect ‘‘§ 802. Congressional approval procedure for SEC. 2. PURPOSE. upon enactment of a joint resolution of approval major rules The purpose of this Act is to increase account- described in section 802 or as provided for in the ‘‘(a)(1) For purposes of this section, the term ability for and transparency in the federal regu- rule following enactment of a joint resolution of ‘joint resolution’ means only a joint resolution latory process. Section 1 of article I of the approval described in section 802, whichever is addressing a report classifying a rule as major United States Constitution grants all legislative later. pursuant to section 801(a)(1)(A)(iii) that— powers to Congress. Over time, Congress has ex- ‘‘(4) A nonmajor rule shall take effect as pro- ‘‘(A) bears no preamble; cessively delegated its constitutional charge vided by section 803 after submission to Congress ‘‘(B) bears the following title (with blanks while failing to conduct appropriate oversight under paragraph (1). filled as appropriate): ‘Approving the rule sub- and retain accountability for the content of the ‘‘(5) If a joint resolution of approval relating mitted by lll relating to lll.’; laws it passes. By requiring a vote in Congress, to a major rule is not enacted within the period ‘‘(C) includes after its resolving clause only the REINS Act will result in more carefully provided in subsection (b)(2), then a joint reso- the following (with blanks filled as appro- drafted and detailed legislation, an improved lution of approval relating to the same rule may priate): ‘That Congress approves the rule sub- regulatory process, and a legislative branch that not be considered under this chapter in the same mitted by lll relating to lll.’; and is truly accountable to the American people for Congress by either the House of Representatives ‘‘(D) is introduced pursuant to paragraph (2). the laws imposed upon them. or the Senate. ‘‘(2) After a House of Congress receives a re- SEC. 3. CONGRESSIONAL REVIEW OF AGENCY ‘‘(b)(1) A major rule shall not take effect un- port classifying a rule as major pursuant to sec- RULEMAKING. less the Congress enacts a joint resolution of ap- tion 801(a)(1)(A)(iii), the majority leader of that Chapter 8 of title 5, United States Code, is proval described under section 802. House (or his or her respective designee) shall amended to read as follows: ‘‘(2) If a joint resolution described in sub- introduce (by request, if appropriate) a joint res- ‘‘CHAPTER 8—CONGRESSIONAL REVIEW section (a) is not enacted into law by the end of olution described in paragraph (1)— OF AGENCY RULEMAKING 70 session days or legislative days, as applicable, ‘‘(A) in the case of the House of Representa- beginning on the date on which the report re- tives, within three legislative days; and ‘‘Sec. ferred to in section 801(a)(1)(A) is received by ‘‘(B) in the case of the Senate, within three ‘‘801. Congressional review. ‘‘802. Congressional approval procedure for Congress (excluding days either House of Con- session days. major rules. gress is adjourned for more than 3 days during ‘‘(3) A joint resolution described in paragraph ‘‘803. Congressional disapproval procedure for a session of Congress), then the rule described in (1) shall not be subject to amendment at any nonmajor rules. that resolution shall be deemed not to be ap- stage of proceeding. ‘‘804. Definitions. proved and such rule shall not take effect. ‘‘(b) A joint resolution described in subsection ‘‘805. Judicial review. ‘‘(c)(1) Notwithstanding any other provision (a) shall be referred in each House of Congress ‘‘806. Exemption for monetary policy. of this section (except subject to paragraph (3)), to the committees having jurisdiction over the ‘‘807. Effective date of certain rules. a major rule may take effect for one 90-cal- provision of law under which the rule is issued.

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A07DE7.022 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8223 ‘‘(c) In the Senate, if the committee or commit- from the other a joint resolution having the ‘‘(2) In the Senate, debate on the joint resolu- tees to which a joint resolution described in sub- same text, then— tion, and on all debatable motions and appeals section (a) has been referred have not reported ‘‘(A) the joint resolution of the other House in connection therewith, shall be limited to not it at the end of 15 session days after its intro- shall not be referred to a committee; and more than 10 hours, which shall be divided duction, such committee or committees shall be ‘‘(B) the procedure in the receiving House equally between those favoring and those oppos- automatically discharged from further consider- shall be the same as if no joint resolution had ing the joint resolution. A motion to further ation of the resolution and it shall be placed on been received from the other House until the limit debate is in order and not debatable. An the calendar. A vote on final passage of the res- vote on passage, when the joint resolution re- amendment to, or a motion to postpone, or a mo- olution shall be taken on or before the close of ceived from the other House shall supplant the tion to proceed to the consideration of other the 15th session day after the resolution is re- joint resolution of the receiving House. business, or a motion to recommit the joint reso- ported by the committee or committees to which ‘‘(2) This subsection shall not apply to the lution is not in order. it was referred, or after such committee or com- House of Representatives if the joint resolution ‘‘(3) In the Senate, immediately following the mittees have been discharged from further con- received from the Senate is a revenue measure. conclusion of the debate on a joint resolution sideration of the resolution. ‘‘(g) If either House has not taken a vote on described in subsection (a), and a single quorum ‘‘(d)(1) In the Senate, when the committee or final passage of the joint resolution by the last call at the conclusion of the debate if requested committees to which a joint resolution is re- day of the period described in section 801(b)(2), in accordance with the rules of the Senate, the ferred have reported, or when a committee or then such vote shall be taken on that day. vote on final passage of the joint resolution ‘‘(h) This section and section 803 are enacted committees are discharged (under subsection (c)) shall occur. by Congress— from further consideration of a joint resolution ‘‘(1) as an exercise of the rulemaking power of ‘‘(4) Appeals from the decisions of the Chair described in subsection (a), it is at any time the Senate and House of Representatives, re- relating to the application of the rules of the thereafter in order (even though a previous mo- spectively, and as such is deemed to be part of Senate to the procedure relating to a joint reso- tion to the same effect has been disagreed to) for the rules of each House, respectively, but appli- lution described in subsection (a) shall be de- a motion to proceed to the consideration of the cable only with respect to the procedure to be cided without debate. joint resolution, and all points of order against followed in that House in the case of a joint res- ‘‘(e) In the Senate the procedure specified in the joint resolution (and against consideration olution described in subsection (a) and super- subsection (c) or (d) shall not apply to the con- of the joint resolution) are waived. The motion seding other rules only where explicitly so; and sideration of a joint resolution respecting a is not subject to amendment, or to a motion to ‘‘(2) with full recognition of the Constitu- nonmajor rule— postpone, or to a motion to proceed to the con- tional right of either House to change the rules ‘‘(1) after the expiration of the 60 session days sideration of other business. A motion to recon- (so far as they relate to the procedure of that beginning with the applicable submission or sider the vote by which the motion is agreed to House) at any time, in the same manner and to publication date, or or disagreed to shall not be in order. If a motion the same extent as in the case of any other rule ‘‘(2) if the report under section 801(a)(1)(A) to proceed to the consideration of the joint reso- of that House. was submitted during the period referred to in lution is agreed to, the joint resolution shall re- ‘‘§ 803. Congressional disapproval procedure section 801(d)(1), after the expiration of the 60 main the unfinished business of the Senate until for nonmajor rules session days beginning on the 15th session day disposed of. after the succeeding session of Congress first ‘‘(a) For purposes of this section, the term ‘‘(2) In the Senate, debate on the joint resolu- convenes. ‘joint resolution’ means only a joint resolution tion, and on all debatable motions and appeals ‘‘(f) If, before the passage by one House of a introduced in the period beginning on the date in connection therewith, shall be limited to not joint resolution of that House described in sub- on which the report referred to in section more than 2 hours, which shall be divided section (a), that House receives from the other 801(a)(1)(A) is received by Congress and ending equally between those favoring and those oppos- House a joint resolution described in subsection 60 days thereafter (excluding days either House ing the joint resolution. A motion to further (a), then the following procedures shall apply: of Congress is adjourned for more than 3 days limit debate is in order and not debatable. An ‘‘(1) The joint resolution of the other House during a session of Congress), the matter after amendment to, or a motion to postpone, or a mo- shall not be referred to a committee. tion to proceed to the consideration of other the resolving clause of which is as follows: ‘That Congress disapproves the nonmajor rule ‘‘(2) With respect to a joint resolution de- business, or a motion to recommit the joint reso- scribed in subsection (a) of the House receiving lution is not in order. submitted by the l l relating to l l, and such rule shall have no force or effect.’ (The the joint resolution— ‘‘(3) In the Senate, immediately following the ‘‘(A) the procedure in that House shall be the conclusion of the debate on a joint resolution blank spaces being appropriately filled in). ‘‘(b)(1) A joint resolution described in sub- same as if no joint resolution had been received described in subsection (a), and a single quorum section (a) shall be referred to the committees in from the other House; but call at the conclusion of the debate if requested each House of Congress with jurisdiction. ‘‘(B) the vote on final passage shall be on the in accordance with the rules of the Senate, the ‘‘(2) For purposes of this section, the term sub- joint resolution of the other House. vote on final passage of the joint resolution mission or publication date means the later of shall occur. ‘‘§ 804. Definitions the date on which— ‘‘For purposes of this chapter— ‘‘(4) Appeals from the decisions of the Chair ‘‘(A) the Congress receives the report sub- ‘‘(1) The term ‘Federal agency’ means any relating to the application of the rules of the mitted under section 801(a)(1); or Senate to the procedure relating to a joint reso- ‘‘(B) the nonmajor rule is published in the agency as that term is defined in section 551(1). lution described in subsection (a) shall be de- Federal Register, if so published. ‘‘(2) The term ‘major rule’ means any rule, in- cided without debate. ‘‘(c) In the Senate, if the committee to which cluding an interim final rule, that the Adminis- ‘‘(e) In the House of Representatives, if any is referred a joint resolution described in sub- trator of the Office of Information and Regu- committee to which a joint resolution described section (a) has not reported such joint resolu- latory Affairs of the Office of Management and in subsection (a) has been referred has not re- tion (or an identical joint resolution) at the end Budget finds has resulted in or is likely to result ported it to the House at the end of 15 legislative of 15 session days after the date of introduction in— days after its introduction, such committee shall of the joint resolution, such committee may be ‘‘(A) an annual effect on the economy of be discharged from further consideration of the discharged from further consideration of such $100,000,000 or more; joint resolution, and it shall be placed on the joint resolution upon a petition supported in ‘‘(B) a major increase in costs or prices for appropriate calendar. On the second and fourth writing by 30 Members of the Senate, and such consumers, individual industries, Federal, State, Thursdays of each month it shall be in order at joint resolution shall be placed on the calendar. or local government agencies, or geographic re- any time for the Speaker to recognize a Member ‘‘(d)(1) In the Senate, when the committee to gions; or who favors passage of a joint resolution that which a joint resolution is referred has reported, ‘‘(C) significant adverse effects on competi- has appeared on the calendar for at least 5 leg- or when a committee is discharged (under sub- tion, employment, investment, productivity, in- islative days to call up that joint resolution for section (c)) from further consideration of a joint novation, or on the ability of United States- immediate consideration in the House without resolution described in subsection (a), it is at based enterprises to compete with foreign-based intervention of any point of order. When so any time thereafter in order (even though a pre- enterprises in domestic and export markets. called up a joint resolution shall be considered vious motion to the same effect has been dis- ‘‘(3) The term ‘nonmajor rule’ means any rule as read and shall be debatable for 1 hour equal- agreed to) for a motion to proceed to the consid- that is not a major rule. ly divided and controlled by the proponent and eration of the joint resolution, and all points of ‘‘(4) The term ‘rule’ has the meaning given an opponent, and the previous question shall be order against the joint resolution (and against such term in section 551, except that such term considered as ordered to its passage without in- consideration of the joint resolution) are does not include— tervening motion. It shall not be in order to re- waived. The motion is not subject to amend- ‘‘(A) any rule of particular applicability, in- consider the vote on passage. If a vote on final ment, or to a motion to postpone, or to a motion cluding a rule that approves or prescribes for passage of the joint resolution has not been to proceed to the consideration of other busi- the future rates, wages, prices, services, or al- taken by the third Thursday on which the ness. A motion to reconsider the vote by which lowances therefore, corporate or financial struc- Speaker may recognize a Member under this the motion is agreed to or disagreed to shall not tures, reorganizations, mergers, or acquisitions subsection, such vote shall be taken on that be in order. If a motion to proceed to the consid- thereof, or accounting practices or disclosures day. eration of the joint resolution is agreed to, the bearing on any of the foregoing; ‘‘(f)(1) If, before passing a joint resolution de- joint resolution shall remain the unfinished ‘‘(B) any rule relating to agency management scribed in subsection (a), one House receives business of the Senate until disposed of. or personnel; or

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00035 Fmt 7634 Sfmt 6333 E:\CR\FM\A07DE7.008 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8224 CONGRESSIONAL RECORD — HOUSE December 7, 2011 ‘‘(C) any rule of agency organization, proce- between public and private sector jobs’’ be- Mr. Chairman, I ask my colleagues to dure, or practice that does not substantially af- fore the semicolon. support this important addition. fect the rights or obligations of non-agency par- The CHAIR. Pursuant to House Reso- I reserve the balance of my time. ties. lution 479, the gentleman from Texas Mr. CONYERS. Mr. Chairman, I rise ‘‘§ 805. Judicial review (Mr. SESSIONS) and a Member opposed in opposition to this amendment. ‘‘(a) No determination, finding, action, or each will control 5 minutes. The CHAIR. The gentleman from omission under this chapter shall be subject to The Chair recognizes the gentleman Michigan is recognized for 5 minutes. judicial review. Mr. CONYERS. I want to merely ‘‘(b) Notwithstanding subsection (a), a court from Texas. may determine whether a Federal agency has Mr. SESSIONS. Mr. Chairman, I start off by recognizing that some- completed the necessary requirements under this yield myself such time as I may con- where buried in this amendment is the chapter for a rule to take effect. sume. gentleman from Texas’ recognition ‘‘(c) The enactment of a joint resolution of ap- I want to first thank, if I can, the au- that regulations could or might create proval under section 802 shall not be interpreted thor of this piece of legislation, the jobs. I want to thank him for that. to serve as a grant or modification of statutory gentleman from Kentucky, GEOFF There’s no credible evidence that reg- authority by Congress for the promulgation of a DAVIS. Mr. DAVIS has distinguished ulations depress job creation. Now, rule, shall not extinguish or affect any claim, whether substantive or procedural, against any himself among, not only our col- we’ve talked about this for 2 days. But alleged defect in a rule, and shall not form part leagues, but also, I believe, his strong at our hearing in the Judiciary Com- of the record before the court in any judicial support of free enterprise and the peo- mittee, one of the anti-regulatory bills proceeding concerning a rule except for pur- ple of Kentucky in doing his job, and I that we considered, we had an Amer- poses of determining whether or not the rule is appreciate the opportunity to be here ican Enterprise Institute witness, in effect. to help in that endeavor today. Christopher DeMuth, from the conserv- ‘‘§ 806. Exemption for monetary policy I believe that excessive government ative think tank that AEI is, and he ‘‘Nothing in this chapter shall apply to rules regulations are a significant barrier to stated in his prepared testimony that that concern monetary policy proposed or imple- the creation of private sector jobs in focus on jobs can lead to confusion in mented by the Board of Governors of the Fed- America today. This Congress has regulatory debates and that the em- eral Reserve System or the Federal Open Market made job creation a priority. As a mat- ployment effects of regulation, while Committee. ter of fact, we had the minority leader important, are indeterminate. ‘‘§ 807. Effective date of certain rules down talking just a few minutes ago I must say to my colleagues that ‘‘Notwithstanding section 801— that is exactly the same impression ‘‘(1) any rule that establishes, modifies, opens, about job creation and the priority closes, or conducts a regulatory program for a that it needs to represent. And as a re- that I came out of my Judiciary Com- commercial, recreational, or subsistence activity sult, we must review regulations which mittee hearing with, and it’s the same related to hunting, fishing, or camping; or stand in the way of not only having impression that I’ve come to realize is ‘‘(2) any rule other than a major rule which more jobs, but also the overuse of rules probably accurate in the debate for the an agency for good cause finds (and incor- and regulations that prohibit and add last few days on the floor of the House porates the finding and a brief statement of rea- to jobs and job creation. itself. sons therefore in the rule issued) that notice I’m concerned about this amendment b 1520 and public procedure thereon are impracticable, because it would add to the analytical unnecessary, or contrary to the public interest, That proposal that I believe we need burdens of agencies, the speculative as- shall take effect at such time as the Federal to look at is whether the benefits out- sessment of jobs added or lost, and how agency promulgating the rule determines.’’. weigh any potential economic harm many of those jobs would be added or SEC. ll. BUDGETARY EFFECTS OF RULES SUB- that might come. JECT TO SECTION 802 OF TITLE 5, lost in the public and private sectors. UNITED STATES CODE. My amendment requires the agencies For these reasons, I conclude that Section 257(b)(2) of the Balanced Budget and submitting the report on a proposal this amendment would not be helpful, Emergency Deficit Control Act of 1985 is amend- Federal rule to include an assessment and I am unable to support it. ed by adding at the end the following new sub- of anticipated jobs gained or lost as a I yield back the balance of my time. paragraph: result of its implementation and to Mr. SESSIONS. Mr. Chairman, I ‘‘(E) BUDGETARY EFFECTS OF RULES SUBJECT specify whether those jobs will come yield 1 minute to the gentleman from TO SECTION 802 OF TITLE 5, UNITED STATES from the public or the private sector. CODE.—Any rules subject to the congressional Texas (Mr. SMITH). approval procedure set forth in section 802 of This assessment would be part of the Mr. SMITH of Texas. Mr. Chairman, I chapter 8 of title 5, United States Code, affect- cost benefit analysis. It would be re- thank my Texas colleague for yielding ing budget authority, outlays, or receipts shall quired to be submitted to the Comp- me time, and I also thank him for of- be assumed to be effective unless it is not ap- troller General and made available to fering this amendment. proved in accordance with such section.’’. each Member of the House prior to our The bill restores to Congress the ac- The CHAIR. No further amendment consideration of the rule. countability for the regulatory deci- to the bill, as amended, is in order ex- I believe that what we are doing here sions that impose major burdens on our cept those printed in part B of the re- today is positive, not only a benefit to economy. As Congress makes those de- port. Each such amendment may be of- the country in terms of recognizing cisions, one of the most important fered only in the order printed in the that rules and regulations are bur- facts to consider is whether new regu- report, by a Member designated in the dening our economic engine, but also lations produce jobs or destroy them. report, shall be considered read, shall we are doing something about it here The amendment guarantees that be debatable for the time specified in today, and I’m very, very proud to be when agencies submit new regulations the report equally divided and con- here in support of this. to Congress, their cost benefit analyses trolled by the proponent and an oppo- Earlier this year, I introduced House will be made available. nent, shall not be subject to amend- Resolution 72, and the House passed it The amendment also assures that ment, and shall not be subject to a de- with a strong bipartisan vote in Feb- agencies will specifically identify regu- mand for division of the question. ruary. My bill required authorizing lations’ impact on private and public AMENDMENT NO. 1 OFFERED BY MR. SESSIONS committees in the House to review ex- sector jobs. With that information, The CHAIR. It is now in order to con- isting, pending, and proposed regula- Congress will be in a position to deter- sider amendment No. 1 printed in part tions through hearings this year and to mine whether to approve the rules. And B of House Report 112–311. report back to the House with their the American people will be in a pos- Mr. SESSIONS. Mr. Chairman, I have findings. tilion to hold Congress accountable for an amendment at the desk. The REINS Act today before us is an those decisions. The CHAIR. The Clerk will designate extension, I believe, of H. Res. 72 and is I urge my colleagues to support the the amendment. an important measure to ensure that amendment. The text of the amendment is as fol- the government does not compete Mr. SESSIONS. Mr. Chairman, I lows: against the free enterprise system. And yield myself the balance of my time. Page 25, line 18, insert ‘‘, including an anal- if it does, Congress should understand I believe that the case which we’re ysis of any jobs added or lost, differentiating that at the time that we pass our laws. bringing forth today to Congress is

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.008 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8225 that we believe that jobs should be pri- The Chair recognizes the gentleman proved FDIC rules on lending. They ority number one for this United from Georgia. will tell you they can’t. They can’t get States Congress and for the American Mr. JOHNSON of Georgia. Mr. Chair- credit because of the new regulations, people—not just the middle class, but man, I yield myself such time as I may and banks are being consolidated and investors and people who want to have consume. are going under now. We’re finding a great jobs in this country, for us to be I rise to support my amendment to rash of environmental regulations competitive with the world. For us to this dangerous bill, the REINS Act. throughout the Ohio Valley. Machine do that, we need to recognize that peo- My amendment is simple. It would tool operators, steel mill operators and ple in Washington, D.C., who probably exempt any rule that the Office of other manufacturers say over and over wouldn’t recognize the free enterprise Management and Budget determines that they will be out of business if the system if they saw it put rules and reg- would promote job growth from the cap-and-trade carbon regulations are ulations on people; they don’t under- bill’s congressional approval require- imposed by the EPA. These are facts. stand the business; they don’t under- ment, which is very cumbersome. Health care right now is imposing hir- stand how they operate; and they sure The Republican majority claims that ing freezes with the Affordable Care as heck don’t understand why it’s im- job growth is its top priority, and if Act. portant to have a free enterprise sys- that’s the case, then my Republican Once again, there is no reason under tem, one which is nimble and prepared friends should support this amend- any circumstances that we should ex- and ready for competition. ment. In reality, we all know this bill empt major regulations that do, in- I spent 16 years without missing a will not create a single job, and as part deed, have a real impact on hiring, in- day of work in the private sector prior of the majority’s anti-regulatory agen- vestment, job creation, and especially to coming to Congress. During those 16 da, will make it virtually impossible to on an individual who wants to take the years, I learned firsthand about how implement rules for our health and risk to start a business. rules and regulations by the Federal safety. Congress should not abdicate its au- Government and others can impede not This bill does not fine-tune the regu- thority any longer regarding these only us and our ability to add jobs but latory process, as the Republicans say. rules. We should step up to the plate perhaps more importantly, for us to be It will do nothing but make the regu- and be accountable. If we do so, jobs competitive. And I want to know today latory process more bureaucratic and will be created as a result. those people who will support us mak- impose unnecessary hurdles for the Mr. JOHNSON of Georgia. In re- ing sure that we look at a rule and reg- agencies seeking to enact rules that sponse, no, I’ve never operated a busi- ulation and understand what the im- protect our health and safety. ness on Wall Street, and I’m not really pact on jobs would be. The majority has a scare tactic—that concerned about Wall Street as Wall That’s what this vote will be. All is that regulations kill jobs, and that’s Street has been getting all of the Members will have an opportunity to nothing but a myth. The National Fed- breaks. This party, the Tea Party Re- come down to say, We think that there eration of Independent Businesses, publicans, seem hellbent on shifting should be a consideration or should not which describes itself as the leading everything in their direction. be a consideration, at the time a rule small business association representing I yield the balance of my time to the will be written by an agency, what will small and independent businesses, does distinguished gentlewoman from be the impact of that rule. It would a regular survey of small businesses. Texas, SHEILA JACKSON LEE. elude me to understand why someone And it found that the single most im- The CHAIR. The gentlewoman is rec- would not want to include that as part portant problem facing small busi- ognized for 11⁄2 minutes. of a cost benefit analysis. nesses is poor sales, not regulations. Ms. JACKSON LEE of Texas. I am Thus, Mr. Chairman, I rest my case. The REINS Act would delay, if not pleased to join my dear friend and col- I yield back the balance of my time. halt, regulations that are necessary for league on the Judiciary Committee, The CHAIR. The question is on the the health and safety of our constitu- the gentleman from Georgia, in offer- amendment offered by the gentleman ents. Further, the bill would slow down ing this amendment as the Johnson- from Texas (Mr. SESSIONS). Jackson Lee amendment. The amendment was agreed to. regulations that may actually foster job growth. Thus, if my colleagues on I hold a sign that, I think, speaks to AMENDMENT NO. 2 OFFERED BY MR. JOHNSON OF the gist of this amendment, ‘‘Make It GEORGIA the other side of the aisle are truly concerned about job growth, I would In America.’’ A number of us have been The CHAIR. It is now in order to con- on the floor of the House on a regular sider amendment No. 2 printed in part encourage them to support this amend- ment. basis talking about creating jobs and B of House Report 112–311. about making it in America. My good Mr. JOHNSON of Georgia. Mr. Chair- I hope all of my colleagues will sup- friend from Texas just passed an man, I have an amendment at the desk. port this amendment because the regu- The CHAIR. The Clerk will designate lations that will help put unemployed amendment without opposition, and I the amendment. Americans back to work should take see no reason why the Jackson Lee- The text of the amendment is as fol- effect without unnecessary delay. Johnson or Johnson-Jackson Lee lows: I reserve the balance of my time. amendment cannot be accepted in the very same way. Page 45, line 22, insert after the first period b 1530 the following: Bruce Bartlett, one of the senior pol- ‘‘§ 808. Exemption for certain rules Mr. SMITH of Texas. I rise in opposi- icy analysts in the Reagan and George ‘‘Sections 801 through 807 of this chapter, tion to the amendment. H.W. Bush administrations, observed as amended by the Regulations from the Ex- The CHAIR. The gentleman is recog- that regulatory uncertainty is a ca- ecutive in Need of Scrutiny Act of 2011 shall nized for 5 minutes. nard, an invented canard, that allows not apply in the case of any rule that the Di- Mr. SMITH of Texas. Mr. Chairman, I those who use it to use current eco- rector of the Office of Management and yield 2 minutes to the gentleman from nomic problems to pursue an agenda Budget determines will result in net job cre- Kentucky (Mr. DAVIS), the sponsor of supported by the business community ation. This chapter, as in effect before the the legislation. year in and year out. In other words, it enactment of the Regulations from the Exec- Mr. DAVIS of Kentucky. Thank you, is a simple case of opportunism be- utive in Need of Scrutiny Act of 2011, shall continue to apply, after such enactment, to Mr. Chairman. cause regulations don’t stop you from any such rule, as appropriate.’’. I could not disagree with the gen- creating jobs. In actuality, they pro- Page 24, in the matter preceding line 10, tleman from Georgia more. It’s obvious vide cleaner air; they provide clean add after the item relating to section 807 the which one of us has run a business and food; they provide the opportunity of a following new item: which one is talking about a business. roadmap so that small and large busi- 808. Exemption for certain rules. The reality of the regulatory impact nesses can do their work. The CHAIR. Pursuant to House Reso- on businesses is huge. All you have to The Clean Air Act is a shining exam- lution 479, the gentleman from Georgia do is ask small business owners in any ple. A lot of regulations came out of (Mr. JOHNSON) and a Member opposed of our congressional districts if they the Clean Air Act. Given that the econ- each will control 5 minutes. can get credit because of the newly im- omy since the Clean Air Act was passed

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.068 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8226 CONGRESSIONAL RECORD — HOUSE December 7, 2011 in 1970 under Richard Milhous Nixon, a cusing on the issues that most concern the no effect, and economic growth has consist- Republican, it shows that the economy American people, particularly, creating jobs. ently surged forward in concert with these has grown 204 percent and that private As our country rebounds from one of the most health and safety protections. The Clean Air sector job creation has expanded 86 per- severe economic downturns in our history, it is Act is a shining example, given that the econ- cent. imperative that we make decisions that will en- omy has grown 204% and private sector job I would ask my colleagues to join us able our economy to grow and, most impor- creation has expanded 86% since its passage in supporting the Johnson-Jackson Lee tantly, create jobs. We should be using our in 1970.’’ amendment. Let’s make it in America. judgment in a manner that would create Amer- Regulation and economic growth can go Let’s ensure there is a regulatory proc- ican jobs by comprehensively reforming our hand in hand. Regarding the Clean Air Act, ess that exempts any regulation that broken immigration system. We should be the White House Office of Management and creates jobs. I ask my colleagues to working to implement an orderly process for Budget (‘‘OMB’’) recently observed that 40 support the amendment. immigration that eases the burden on employ- years of success with this measure ‘‘have Mr. Chair, I rise today in support of amend- ers, improves documentation, and com- demonstrated that strong environmental pro- ment #2, that I offered along with my es- plements our enforcement efforts to make tections and strong economic growth go hand teemed colleague Mr. JOHNSON, to H.R. 10 them more effective. in hand.’’ Similarly, the Natural Resources De- Regulations from the Executive in Need of Healthy market competition not only protects fense Council and the United Auto Workers Scrutiny (REINS). Our amendment would ex- consumers, but will help our economy to pros- cite the fact that increased fuel economy empt the Office of Management and Budget per. Congress should be examining the con- standards have already led to the creation of once it is determined that the rules they offer solidation taking place in certain industries to more than 155,000 U.S. jobs. will result in net job creation. ensure healthy competition is alive and thriv- The claim that regulatory uncertainty hurts REINS would amend the Congressional Re- ing. business has been debunked as political op- view Act (CRA) and require Congressional ap- America is a free enterprise society, and portunism. Bruce Bartlett, a senior policy ana- proval of all major rules (rules with an eco- small businesses are part of the backbone of lyst in the Reagan and George H.W. Bush Ad- nomic impact that is greater than $100 mil- our economy, employing a vast portion of ministrations observed ‘‘[R]egulatory uncer- lion). If Congress fails to act within 70 days Americans. We should be ensuring that any tainty is a canard invented by Republicans the rule cannot be implemented. This change consolidation taking place in the marketplace that allows them to use current economic is targeted directly at executive agencies and does not push out small businesses and problems to pursue an agenda supported by does nothing to create jobs. render them unable to compete. the business community year in and year out. In other words, this bill is calling for Con- In the last couple of years, some sweeping In other words, it is a simple case of political gressional oversight of Executive branch ac- mergers and acquisitions have taken place. opportunism, not a serious effort to deal with tivities and functions. I have been serving as Just recently, it was reported that 500 jobs are high unemployment.’’ member of this governing body since 1995, being cut as a result of last year’s United-Con- Regulatory uncertainty does not deter busi- and oversight of the Executive branch is ex- tinental merger. As we face a high unemploy- ness investment. A lack of demand, not uncer- actly what Congress does. One of the main ment rate, and Americans struggle to make tainty about regulation, is cited as the reason functions of the Congressional Committees is ends meet, every job counts. We should be in- for not hiring. oversight. vestigating the outcomes of mergers such as At a legislative hearing on regulatory reform If Congress were required to proactively ap- United-Continental, amongst others, to ensure (H.R. 3010), Professor Sidney Shapiro simi- prove every federal rule, it would be extremely that no more precious jobs are being lost. larly noted, ‘‘All of the available evidence con- time consuming. The Federal agencies of the Many of my colleagues on the other side of tradicts the claim that regulatory uncertainty is Executive branch are made up of experts in the aisle have stood up here and emphasized deterring business investment.’’ their respective fields. Many of the regulations the importance of jobs for American workers— A July 2011 Wall Street Journal survey of that Federal agencies enact are very specific especially in the context of immigration de- business economists found that the ‘‘main rea- and require a high level of familiarity with the bates. However, one of the largest contribu- son U.S. companies are reluctant to step up minute details of certain issues. The time it tors to the lack of employment opportunities hiring is scant demand, rather than uncertainty would take members of Congress to become here in American is the outsourcing of jobs to over government policies.’’ adequately acquainted with each issue being other countries where the labor is less expen- The most recent National Federation of proposed by each Federal agency would cer- sive. We should be focusing our efforts on Independent Business survey of its members tainly be more productive if channeled into ef- ways to return outsourced jobs to American likewise shows that ‘‘poor sales’’—not regula- forts to effect the change that Americans want. soil. tion—is the biggest problem. Of those report- For example extending unemployment insur- Bottom line, Congress has a large responsi- ing negative sales trends, 45 percent blamed ance, job creation, and encouraging job bility. We carry on our shoulders the needs of faltering sales, 5 percent higher labor costs, growth. Yet, here we are again wasting time the American people. Our time here is valu- 15 percent higher materials costs, 3 percent on a measure that will not help our economy. able and our work load is great. We should insurance costs, 8 percent lower selling prices As we consider REINS, it is important that not further burden this body with the work that and 10 percent higher taxes and regulatory we not forget that federal agencies have their an entire branch of government has already costs.’’ own oversight process in place to ensure that been commissioned to do, especially since Small businesses reject the argument that proposed regulations are thoroughly vetted. Congress still has oversight authority. deregulation is what they need. The Main For every proposed regulation, agencies are For each one of us, the needs of the con- Street Alliance, an alliance of small busi- required to issue notice of proposed stituents in our districts should be our priority. nesses, observes: ‘‘In survey after survey and rulemakings to the industry and market over The needs of the American people as a whole interview after interview, Main Street small which they regulate. Those entities then com- should be our priority. business owners confirm that what we really ment on the rules, and they go through many There is no credible evidence that regula- need is more customers—more demand—not rounds of changes before a final order is en- tions depress job creation. The Majority’s own deregulation. Policies that restore our cus- acted. witness at the legislative hearing clearly de- tomer base are what we need now, not poli- Furthermore, rules enacted by Federal bunked the myth that regulations stymie job cies that shift more risk and more costs onto agencies are subject to Congressional over- creation. Christopher DeMuth, who appeared us from big corporate actors . . . sight and review, and must meet standards of on behalf of the American Enterprise Institute, I urge my colleagues to support this amend- judicial review. Arguably, rules and regulations a conservative think tank, stated in his pre- ment to create jobs and get our country on a issued by Federal agencies go through just as pared testimony that the ‘‘focus on jobs . . . path to a strong economic future, what small much, if not more, review as bills considered can lead to confusion in regulatory debates’’ businesses need is customers—Americans and passed by Congress. and that ‘‘the employment effects of regula- with spending money in their pockets—not wa- Implementing this rule would put a tremen- tion, while important, are indeterminate.’’ tered down standards that give big corpora- dous burden on Congress, and to be frank, as If anything, regulations may promote job tions free reign to cut corners, use their mar- members elected by our constituencies to rep- growth and put Americans back to work. For ket power at our expense, and force small resent their interests, our time could be uti- instance, According to the BlueGreen Alliance, businesses to lay people off and close up lized in a much more effective manner. notes: ‘‘Studies on the direct impact of regula- shop.’’ Instead of debating about oversight authority tions on job growth have found that most reg- Mr. SMITH of Texas. Mr. Chairman, I that Congress already has, we should be fo- ulations result in modest job growth or have yield such time as he may consume to

VerDate Mar 15 2010 03:25 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.071 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8227 the gentleman from Kentucky (Mr. The CHAIR. Pursuant to clause 6 of assumptions are being made when DAVIS). rule XVIII, further proceedings on the these cost-benefit analyses are being Mr. DAVIS of Kentucky. I thank the amendment offered by the gentleman done. Sometimes they deserve to be gentleman for yielding. from Georgia will be postponed. challenged, and sometimes questions I would point out that Gallup has re- AMENDMENT NO. 3 OFFERED BY MR. SCHRADER need to be raised. So I think it’s ex- leased a survey that shows that one in The CHAIR. It is now in order to con- tremely important that any cost-ben- three small business owners is worried sider amendment No. 3 printed in part efit analysis assumptions should be about going out of business; and over- B of House Report 112–311. made public and transparent. whelmingly, the response to this sur- Mr. SCHRADER. Mr. Chairman, I With that, I yield back the balance of vey across the United States points to have an amendment at the desk. my time. the uncertainty and the unpredict- The CHAIR. The Clerk will designate Mr. SMITH of Texas. Mr. Chairman, I ability caused by regulations. the amendment. rise in opposition to the amendment. This bill, the REINS Act, is not The text of the amendment is as fol- The CHAIR. The gentleman is recog- antiregulation. It is about more trans- lows: nized for 5 minutes. parency and accountability in regula- Mr. SMITH of Texas. I yield such Page 25, line 9, strike ‘‘and’’. time as he may consume to the gen- tion, and it is about having Congress Page 25, insert after line 9 the following step up to the plate. It’s important (and redesignate provisions accordingly): tleman from Kentucky (Mr. DAVIS). that we work together to restore that ‘‘(v) a cost-benefit analysis of the rule; Mr. DAVIS of Kentucky. I thank the trust and confidence in the Congress— and’’. gentleman for yielding. that we do our jobs, that we stand firm, Page 26, insert after line 11 the following: I also oppose the amendment. The and that we exercise restraint over the ‘‘(D) Not later than the later of January 1, amendment leaves it to each agency to executive branch so that it cannot act 2013 or the date that is 1 year after the date determine how we will conduct the in scoring itself on whether jobs are of enactment of the Regulations from the cost-benefit analyses of any regula- Executive in Need of Scrutiny Act of 2011, created. tions. This is regrettable. Each agency each Federal agency shall submit to Con- will be tempted to design rules that it Let that be done by the Congress, gress appropriate criteria for conducting which is held accountable. Let us stand cost-benefit analyses under subparagraph can manipulate to claim that benefits for the vote and be accountable to our (A)(v) for each rule for which that agency routinely outweigh costs. In past ad- citizens. may be required to submit such an anal- ministrations when we’ve seen this at- Mr. SMITH of Texas. Mr. Chairman, I ysis.’’. tempt done, there was a divergence of yield myself the balance of my time. The CHAIR. Pursuant to House Reso- standard; there was no continuity and The amendment carves out of the bill regu- lution 479, the gentleman from Oregon virtually no reduction in the regula- lations that the Office of Management and (Mr. SCHRADER) and a Member opposed tions or understanding of this across Budget (OMB) determines will lead to net job each will control 5 minutes. the whole of government. creation. The Chair recognizes the gentleman The Regulatory Accountability Act, The danger in the amendment is the strong from Oregon. which the House passed on December 2, incentive it gives OMB to manipulate its anal- Mr. SCHRADER. Mr. Chairman, I 2011, calls for agencies to follow uni- ysis of a major regulation’s jobs impacts. Far yield myself such time as I may con- form guidelines for cost-benefit anal- too often, OMB will be tempted to shade the sume. yses. This improves quality, and it pre- analysis to skirt the bill’s congressional ap- This amendment is pretty straight- vents deceptive actions by rogue agen- proval requirement. forward. The goal here is to actually cies. The amendment undercuts that In addition, regulations alleged to create net codify some of what has been done here effort. Similarly, under executive order new jobs often do so by destroying real, exist- just by Executive order to make sure 12866, the President has long required ing jobs and ‘‘creating’’ new, hoped-for jobs Congress’ intent is actually done re- agencies to follow uniform guidelines associated with regulatory compliance. For ex- gardless of what the executive branch for cost-benefit analyses. The amend- ample, some Environmental Protection Agency is considering. ment undermines that requirement, (EPA) Clean Air Act rules will shut down exist- It basically codifies the cost-benefit too. ing power plants. EPA and OMB may attempt analysis in statute that we would like I urge my colleagues to oppose the to justify that with claims that more new, to have. As we all know, a lot of times amendment. ‘‘green’’ jobs will be created as a result. some of our agencies get a little over- Mr. SMITH of Texas. Mr. Chairman, I In the end, that is just another way in which zealous, and some of the cost-benefit yield myself the balance of my time. government picks the jobs winners and the analyses that they do or don’t do do The amendment leaves it to each agency to jobs losers. And there is no guarantee that all not actually reflect a lot of the real- determine how it will conduct cost-benefit of the new, ‘‘green’’ jobs will ever actually world criteria by which American men analyses of new regulations. This is regret- exist. and women in businesses actually oper- table. Each agency will be tempted to design The REINS Act is not intended to force any ate. So our goal here is to actually fol- rules that it can manipulate to claim that bene- particular outcome. It does not choose be- low through on what is already exist- fits routinely outweigh costs. The Regulatory Accountability Act, which tween clean air and dirty air. It does not ing law but to just codify it so it’s not the House passed on December 2, 2011, calls choose between new jobs and old jobs. a huge change. Instead, the REINS Act chooses between for agencies to follow uniform guidelines for There is a little bit more to it. Right two ways of making laws. It chooses the way cost-benefit analyses. This improves quality now a lot of the independent Federal the Framers intended, in which accountability and prevents deceptive actions by rogue agencies are not subject to this Execu- for laws with major economic impacts rests agencies. The amendment undercuts that ef- tive order. Of course, this amendment with Congress. It rejects the way Washington fort. would actually codify that they should has operated for too long, where there is no Similarly, under Executive Order 12866, the be. There is no reason any Federal accountability because decisions are made by President has long required agencies to follow agency should be exempt from giving unelected agency officials. uniform guidelines for cost-benefit analyses. The amendment would undermine that fun- Americans the idea of what it’s going The amendment undermines that requirement, damental choice. to cost and what sort of benefit we’re too. I urge my colleagues to oppose the amend- going to get out of this at the end of I urge my colleagues to oppose the amend- ment. the day. ment. I yield back the balance of my time. Last but not least, I think one of the I yield back the balance of my time. The CHAIR. The question is on the big pieces that is very, very important The CHAIR. The question is on the amendment offered by the gentleman to know as a veterinarian, a man of amendment offered by the gentleman from Georgia (Mr. JOHNSON). science a little bit, are the assumptions from Oregon (Mr. SCHRADER). The question was taken; and the by which these cost-benefit analyses The question was taken; and the Chair announced that the noes ap- are done. That oftentimes influences Chair announced that the noes ap- peared to have it. the outcome. It’s important for the peared to have it. Mr. JOHNSON of Georgia. Mr. Chair- agencies, the businesses and, again, Mr. SCHRADER. Mr. Chairman, I de- man, I demand a recorded vote. others in this country to look at what mand a recorded vote.

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.072 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8228 CONGRESSIONAL RECORD — HOUSE December 7, 2011 The CHAIR. Pursuant to clause 6 of With that, I yield 30 seconds to the considered bills designed to slow down rule XVIII, further proceedings on the gentleman from Texas (Mr. SMITH). and stop the regulatory process. amendment offered by the gentleman Mr. SMITH of Texas. I thank the gen- The bill before us today doesn’t tar- from Oregon will be postponed. tleman from West Virginia for yielding get just the rules that the majority might like you to believe are problem- b 1540 me time. I share my colleague’s desire to bring atic; it would hamper all rulemaking, AMENDMENT NO. 4 OFFERED BY MR. MCKINLEY more congressional scrutiny to major even those rules that are essential to The CHAIR. It is now in order to con- regulations and appreciate his interest public health and safety. sider amendment No. 4 printed in part in the subject. My amendment today seeks to ad- B of House Report 112–311. I know that recent major regulations dress that issue by exempting the Mr. MCKINLEY. Mr. Chairman, I have hit West Virginia and the gentle- REINS Act regulations relating to food have an amendment at the desk. man’s constituents particularly hard. safety, workplace safety, air quality, The CHAIR. The Clerk will designate The Environmental Protection Agen- consumer product safety, or water the amendment. cy’s major regulations that affect en- quality. These issue areas are too important The text of the amendment is as fol- ergy sources and power production are to be impeded by the majority’s need lows: among the most troubling. to generate political talking points. Page 42, line 23, strike ‘‘$100,000,000’’ and I look forward to continued discus- Consumers can’t be put at risk because insert ‘‘$50,000,000’’. sions with the gentleman on these and one House of Congress can’t get its act The CHAIR. Pursuant to House Reso- other issues of interest to him. together to pass food safety regula- lution 479, the gentleman from West Mr. MCKINLEY. Thank you, Mr. tions. Virginia (Mr. MCKINLEY) and a Member Chairman. I appreciate your willing- Children at risk from being exposed opposed each will control 5 minutes. ness to work with me on these issues. to toxic substances in toys can’t wait The Chair recognizes the gentleman Since Congress deserves to have more for 535 new regulators to weigh in— from West Virginia. specific numbers that have not been that’s us, the Members of Congress. Mr. MCKINLEY. Mr. Chairman, I rise available from GAO and the CBO rel- People getting sick from tainted water today to offer an amendment that ative to lowering this threshold from supplies shouldn’t be put further at would reduce the threshold for a major $100 million to $50 million, I ask unani- risk by a legislative vote from one half rule from $100 million or more to $50 mous consent, for now, to withdraw my of one-third of the branches of the gov- million. This would ensure greater ac- amendment, Mr. Chairman. ernment. countability. The CHAIR. Without objection, the Today’s bill, the REINS Act, would Let’s keep this in perspective. I base amendment is withdrawn. amend the Congressional Review Act this amendment on legislation that has There was no objection. to prohibit a majority rule from going already been adopted by the House—in AMENDMENT NO. 5 OFFERED BY MRS. MCCARTHY into effect unless Congress enacts a 1995—with bipartisan support which OF NEW YORK joint resolution of approval, specifi- lowered the threshold to $50 million. It The CHAIR. It is now in order to con- cally approving the rule. passed with a vote of 277–141 with much sider amendment No. 5 printed in part This is a bizarre, backwards, and un- of today’s leadership who were here at B of House Report 112–311. necessary piece of legislation. The ma- the time supporting it. Mrs. MCCARTHY of New York. Mr. jority claims to be aiming to stream- Also, in perspective, in fiscal year Chairman, I have an amendment at the line the regulatory process and reduce 2011, only 2.6 percent of all the rules desk. the negative effects of a bureaucracy were classified as ‘‘major,’’ and in 2010 The CHAIR. The Clerk will designate on the American people and on Amer- it was only 3 percent that met that cri- the amendment. ican businesses. teria. Keep that in consideration. The text of the amendment is as fol- Ironically, however, this bill has the Would you be satisfied with only 2 or 3 lows: effect of growing the regulatory proc- percent of your food being inspected or Page 45, line 22, strike the quotation ess by effectively adding 535 of us addi- 2 or 3 percent of the aircraft which we marks and second period. tional regulators to the process. Each fly? Page 45, insert the following after line 22: Member of Congress will now have to According to the Small Business Ad- ‘‘§ 808. Exemption for certain rules perform the role of a regulator. Con- gress will be forced to review the rules ministration, in 2008 it cost the econ- ‘‘Sections 801 through 807, as amended by omy $1.75 trillion in regulations. We the Regulations From the Executive in Need and regulations regarding highly tech- just went through a gut-wrenching of Scrutiny Act of 2011, shall not apply in the nical matters currently handled by supercommittee that tried to reduce case of any rule that relates to the safety of subject area experts. $1.5 trillion, but yet we let, every year, food, the safety of the workplace, air qual- This technical complexity is pre- hundreds of billions of dollars pass ity, the safety of consumer products, or cisely why we have professionals in the through without involvement of Con- water quality. The provisions of this chap- executive branch with subject matter ter, as in effect before the enactment of the gress. expertise to work on these rules and Regulations From the Executive in Need of regulations. This divide has been the Since January of this year, we have Scrutiny Act of 2011, shall continue to apply, already seen 67,000 more pages of regu- fundamental cornerstone of the prin- after such enactment, to any rule described cipal of separation of powers. lation, 88 million hours, man-hours, in the preceding sentence.’’. But Congress is intended to represent have been lost by businesses and em- Page 24, in the matter preceding line 10, add after the item relating to section 807 the the people and enact laws. The execu- ployers trying to respond to the regu- tive branch is intended to implement latory reform. None of this has had following new item: ‘‘808. Exemption for certain rules. those laws. That implementation takes congressional oversight or approval. the form of issuing rules, regulations, Canada realizes there needs to be The CHAIR. Pursuant to House Reso- and specific guidance on how the law more accountability, and they require lution 479, the gentlewoman from New will be implemented. all rules and regs of $50 million or more York (Mrs. MCCARTHY) and a Member The REINS Act inappropriately puts to come before their legislative body. opposed each will control 5 minutes. Congress into duties that should be Congress, having jurisdiction of only The Chair recognizes the gentle- carried out only by the executive 2 or 4 percent may be better than noth- woman from New York. branch. Congress does have oversight ing, but I believe America deserves bet- Mrs. MCCARTHY of New York. Mr. responsibility and a duty to monitor ter. We need a system of checks and Chairman, I yield myself such time as implementation, but we currently have balances. No wonder the American peo- I may consume. methods to address the problems when ple have lost their confidence in Con- I rise today to offer an amendment to they do occur, and we do not need this gress and the Federal Government. I’m the deeply flawed bill before us right bill. The bill also will lead to confu- hopeful that the chairman will see the now. sion, uncertainty, and more gridlock. issues that I have raised here today Today we continue the majority’s po- Thanks to the REINS Act require- and work with me on future legislation litically motivated attacks on regula- ment that Congress affirmatively ap- to correct that. tions. For the past 2 weeks, we have prove of every major rule, one House of

VerDate Mar 15 2010 04:54 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.077 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8229 Congress will essentially have a legis- air pollution. Proponents of the regula- The question was taken; and the lative veto over any major regulation tion have nothing to fear from the Chair announced that the noes ap- issued. REINS Act. When agencies prepare peared to have it. The worst time for businesses is un- good major regulations, Congress will Mrs. MCCARTHY of New York. I de- certainty, and the REINS Act increases be able to approve them. This provides mand a recorded vote. it in the regulatory process. After en- agencies with a powerful incentive to The CHAIR. Pursuant to clause 6 of gaging in the process of helping to get major regulations right the first rule XVIII, further proceedings on the shape the regulations through the rule- time. amendment offered by the gentle- making process, citizens will have to Think about this from the perspec- woman from New York will be post- wonder what actions will Congress tive of the mercury regulation that had poned. take. What legislative deal-making the 1,833 to 1 cost-benefit ratio. Who do AMENDMENT NO. 6 OFFERED BY MS. JACKSON will occur? Will Congress approve of you think is going to pay for that? The LEE OF TEXAS the regulation? When will Congress ap- mistake that is made in the arguments The CHAIR. It is now in order to con- prove the regulation? saying that it’s the rich on Wall Street sider amendment No. 6 printed in part This uncertainty keeps businesses who benefit are entirely wrong. It’s B of House Report 112–311. Ms. JACKSON LEE of Texas. Mr. from investing and from hiring new hardworking taxpayers. It’s the middle Chairman, I have an amendment at the workers. More uncertainty under the class, the working poor, and the elderly whose utility rates will be driven desk. REINS Act is the opposite of what we The CHAIR. The Clerk will designate need. Congress should spend more of its through the roof as a result of a regula- tion that was imposed against the in- the amendment. time thoroughly considering enacting The text of the amendment is as fol- tent of the Congress. legislation. We should have the imple- lows: mentation where it belongs, in the ex- When an agency prepares a bad regu- lation, however, Congress will be able, Page 45, line 22, insert after the first period ecutive branch. We should continue to the following: monitor implementation and exercise under the REINS Act, to correct the agency and send it back to the drawing ‘‘§ 808. Exemption for certain rules proper oversight. And in the cases ‘‘Sections 801 through 807 of this chapter, where correction is needed, use the cur- board. In the end, the agency will find as amended by the Regulations from the Ex- rent legislative tools that we have at a way to issue a good regulation that ecutive in Need of Scrutiny Act of 2011 shall our disposal to address those issues. Congress will approve. not apply in the case of any rule made by the I do urge all of our Members to vote It will improve the dialogue between Secretary of Homeland Security. This chap- for my amendment to protect the the executive branch and the Congress. ter, as in effect before the enactment of the But until it does, those who must pay Regulations from the Executive in Need of American people. Scrutiny Act of 2011, shall continue to apply, We don’t need more gridlock here in for regulations will not have to pay for the cost of a misguided major rule after such enactment, to any such rule, as Washington. That’s why everybody appropriate.’’. back at home is mad at everybody. We made by people who are not account- Page 24, in the matter preceding line 10, need to go on with our work. We have able to our voters. add after the item relating to section 807 the I urge my colleagues to oppose the to make sure that there is a stream- following new item: amendment, and I yield back the bal- lined process so that we can get small 808. Exemption for certain rules. ance of my time. businesses growing again, get people The CHAIR. Pursuant to House Reso- Mr. SMITH of Texas. Mr. Chair, I oppose back to work. That’s what the Amer- lution 479, the gentlewoman from the amendment. Texas (Ms. JACKSON LEE) and a Member ican people want from all of us. The amendment carves out of the bill es- I urge my colleagues to vote for this opposed each will control 5 minutes. sential categories of major regulations. These The Chair recognizes the gentle- amendment. include all major rules on food safety, work- woman from Texas. With that, I yield back the balance of place safety, consumer product safety, clean Ms. JACKSON LEE of Texas. Mr. my time. water and clean air. Chairman, I yield myself such time as b 1550 In many cases, these are precisely the I may consume. Mr. DAVIS of Kentucky. Mr. Chair- agency actions that impose the most costs, do What America wants and what I be- man, I rise in opposition to the amend- not produce enough benefits and do not faith- lieve is important to the institution ment. fully implement Congress’ intent. that we have such great respect for is A good example is the Environmental Pro- for Members to work together. There The CHAIR. The gentleman is recog- tection Agency’s (EPA) recent proposal to are a number of amendments that were nized for 5 minutes. control mercury emissions from coal- and oil- allowed by the Rules Committee, and I Mr. DAVIS of Kentucky. Mr. Chair- fired power plants. EPA estimated that the rule thank them; and the idea should be man, I yield myself such time as I may would cost $11 billion annually to achieve at that these amendments improve a bill. consume. most just $6 million in total mercury reduction It is obvious that I disagree with this The amendment carves out of the bill bill because I think it will literally essential categories of major regula- benefits. That is a 1,833:1 cost-benefit ratio. Most of the benefits EPA identified to justify shut down government. If you cannot tions. These include all major rules on the rule had nothing to do with the control of pass simple bills that have been passed food safety, workplace safety, con- hazardous air pollution. out of the House of Representatives to sumer product safety, clean water, and Proponents of regulation have nothing to the other body and they have not yet clean air. fear from the REINS Act. When agencies pre- passed, we’ve finished one year of the In many cases, these are precisely pare good major regulations, Congress will be 112th Congress, how do you think we the agency actions that impose the able to approve them. This provides agencies can manage what is called major rule- most cost, do not produce enough bene- with a powerful incentive to get major regula- making? Eighty different rules would fits, and do not faithfully implement tions right the first time. have to be approved by the President, the intent of the people’s representa- When an agency prepares a bad regulation, the House, and the Senate. Literally, tives in the Congress and in the Sen- however, Congress will be able to correct the the American people would be held hos- ate. agency and send it back to the drawing board. tage. A good example is the Environmental In the end, the agency will find a way to So this amendment is a cooperative Protection Agency’s recent proposal to issue a good regulation that Congress ap- amendment. I think it makes the bill control mercury emissions from coal proves. But until it does, those who must pay better. The reason why, we have our and oil-fired power plants. EPA esti- for regulations will not have to pay for the soldiers, most likely on the front lines mated that the rule would cost $11 bil- costs of a misguided major rule. of Afghanistan. On account of a hei- lion annually to achieve at most just $6 I urge my colleagues to oppose the amend- nous act of terrorism on 9/11, our sol- million in total mercury reduction ment. diers were dispatched to defend this benefits. That is an 1,833 to 1 cost-ben- The CHAIR. The question is on the Nation in Afghanistan. In doing so, efit ratio. Most of the benefits EPA amendment offered by the gentle- they had as their backup the Depart- identified to justify the rule had noth- woman from New York (Mrs. MCCAR- ment of Homeland Security, a Depart- ing to do with the control of hazardous THY). ment whose responsibility is to secure

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.081 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8230 CONGRESSIONAL RECORD — HOUSE December 7, 2011 the homeland. Simply ask the 9/11 fam- I reserve the balance of my time. Mr. DAVIS of Kentucky. Mr. Chair- ilies how serious it is to secure the Ms. JACKSON LEE of Texas. Mr. man, I yield myself the balance of my homeland. Chairman, I yield myself such time as time. My amendment would simply say I may consume. I would like to reiterate that the that Homeland Security regulations or I thank the gentleman for his expla- point of the REINS Act is account- regulations dealing with securing the nation, but I think he plays right into ability. It would not impinge, but I be- homeland, making America safe, would the reason why he should join me and lieve it would actually improve our be exempt from this dilatory, long- make this a bipartisan amendment. ability to manage rulemaking and reg- winded process of approval. We need ur- Frankly, I don’t think we would want ulation that relates to security, indeed. gency when we speak of securing the to throw out or delay any process of The strongest authority in the House homeland. rulemaking dealing with securing the of Representatives who could speak on For example, it is well known that homeland. I think when the gentleman that very issue spoke in favor of this we deal not only with a terrorism po- was citing licenses, he was speaking 9/ bill earlier, Congressman CHRIS GIBSON tential from around the world, but it is 11. It is now 11 years, and we have from New York, who commanded a bri- also possible to have a catastrophic passed a number of rulemakings that gade in Afghanistan, where that pic- event that deals with a domestic ter- have improved securing the homeland. ture was taken, and also a battalion in rorist attack. As a member of the Homeland Security Iraq in 2005. And I would defer to his I cannot believe that my colleagues Committee, I’m quite aware of the authority and military experience on would not want to act in a bipartisan progress we’ve made, such as not hav- that fact. manner and, in particular, with the ing to address that kind of, if you will, The real issue is accountability and REINS Act that requires a voted-on mishap—more than a mishap—but that restoring transparency and checks and resolution of approval, otherwise the kind of lack of communication that we balances to the executive branch so security amendment does not go into had on 9/11. that the American people do not have place. I cannot believe that we would The point I want to make is our sol- the reach of government into their not in a bipartisan way accept the diers are on the front line in Afghani- back pockets, into their personal lives, Jackson Lee amendment. stan. They are asking, as someone into their schools, into their commu- With that, I reserve the balance of would say on the playing field, Have nities, and frankly, in northern Ken- my time. you got my back? The Department of tucky, even into our sewer pipes, with- Mr. DAVIS of Kentucky. Mr. Chair- Homeland Security is that Department out the consent of the governed. man, I rise in opposition to the amend- created from the Select Committee on With that, I oppose the amendment, ment. Homeland Security which I was on, and I yield back the balance of my The CHAIR. The gentleman is recog- now in the Homeland Security Com- time. Mr. SMITH of Texas. Mr. Chair, I oppose nized for 5 minutes. mittee, to in fact provide for the secu- the amendment. Mr. DAVIS of Kentucky. I would rity of the Nation. With that in mind, The amendment seeks to shield the Depart- point out, first of all, that in a na- I think it is untenable to think of ment of Homeland Security (DHS) from Con- tional emergency, the President of the thwarting that process. gress’ authority to approve regulations under United States does have the ability to What we have here in the REINS Act the REINS Act. That shield should be denied. enact an emergency rule. But what this is truly the REINS Act. It is a stran- amendment seeks to do is shield the For example, take the Department’s rule to glehold on moving the Nation forward extend compliance deadlines for States to Department of Homeland Security on good regulations, clean air, clean from Congress’s authority to approve issue secure drivers’ licenses under the REAL water, but in this instance securing the ID Act. Ten years after 9/11 hijackers used regulations under the REINS Act. That homeland. I believe that having the shield should be denied. fraudulent licenses to board airplanes used to President, the Senate, and the House murder 3,000 innocent Americans, DHS con- For example, take the Department’s come together in a reasonable period of rule to extend compliance deadlines for tinues to extend the deadline. time to approve a rule dealing with se- Another example is the Department’s 2009 States to issue secure driver’s licenses curing the homeland while soldiers are rule to recall the Bush Administration’s ‘‘no- under the REAL ID Act. Ten years on the front line defending us is an match’’ rule. That regulation helped companies after 9/11 when hijackers used fraudu- atrocious position to put the securing to identify illegal workers and comply with lent licenses to board airplanes to mur- of the Nation in. Federal immigration law. der 3,000 innocent Americans, DHS con- Let me just say this, Bruce Bartlett When the Obama Administration issued its tinues to extend the deadline. is a Republican. He said that the regu- rule to repeal ‘‘no-match,’’ it put the interests Another example is the Department’s latory uncertainty that Republicans of illegal immigrants above those of millions of 2009 rule to recall the Bush administra- talk about is a canard invented by Re- unemployed Americans and legal immigrants. tion’s no-match rule. That regulation publicans that allows them to use cur- This is the kind of decision making that helped companies to identify illegal rent economic problems to pursue an takes place at the Department of Homeland workers and comply with Federal im- agenda supported by the business com- Security. Congress should use every tool it migration law. When the Obama ad- munity year in and year out. That’s can to reassert its authority over the legislative ministration issued its rule to repeal from a Republican. rulemaking functions it has delegated to DHS. no match, it put the interests of illegal The question is let’s separate the spe- The REINS Act is available to do that. immigrants above those of millions of cial interests. The REINS Act is here. I urge my colleagues to oppose the amend- unemployed Americans and legal im- They have the majority. More than ment. migrants. likely it will pass. But they’re going to The CHAIR. The question is on the This is the kind of decisionmaking ignore our war and our fight to secure amendment offered by the gentle- that takes place at the Department of the homeland. woman from Texas (Ms. JACKSON LEE). Homeland Security. Congress should The question was taken; and the use every tool it can use to reassert its b 1600 Chair announced that the noes ap- authority over the legislation rule- Here on the front line, what are we peared to have it. making functions it has delegated to doing? We’re putting a stranglehold on Ms. JACKSON LEE. Mr. Chairman, I DHS. The result will be to streamline the rulemaking that will come forward demand a recorded vote. communication, to improve commu- that’s attempting to help the American The CHAIR. Pursuant to clause 6 of nication in crisp and focused pieces of people. If we have to do something for rule XVIII, further proceedings on the legislation and regulation. The REINS the Transportation Security Adminis- amendment offered by the gentle- Act is available to do that. tration and the security checkpoints woman from Texas will be postponed. The point of the REINS Act is ac- and we need a rule, it’s going to be held AMENDMENT NO. 7 OFFERED BY MS. MOORE countability, and each Congressman back because of this process. The Acting CHAIR (Mr. WOMACK). It must take a stand to be accountable I ask for the support of the Jackson is now in order to consider amendment for regulations that cost our citizenry Lee amendment, and I yield back the No. 7 printed in part B of House Report $100 million or more annually. balance of my time. 112–311.

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.084 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8231 Ms. MOORE. I have an amendment at Center for New American Security Army Ranger, as a flight commander of the desk. noted that 1 percent of the population an assault helicopter unit in the 82nd The Acting CHAIR. The Clerk will has served in the military, and yet Airborne Division and who served in designate the amendment. those servicemembers represent 20 per- the Middle East. The text of the amendment is as fol- cent of all of the suicides in the United The one thing that I would say is lows: States. that nothing in the REINS Act would Page 45, line 22, insert after the first period Resources for the military are sparse. in any way inhibit or impede the deliv- the following: According to a recent Veterans Health ery of services to our veterans, of ‘‘§ 808. Exemption for certain rules Administration survey of mental whom I have been a champion in my ‘‘Sections 801 through 807 of this chapter, health providers, 40 percent responded time in Congress on numerous pieces of as amended by the Regulations from the Ex- that they could not schedule a new ap- legislation. What I would say is the ecutive in Need of Scrutiny Act of 2011 shall pointment at their clinic within 14 not apply in the case of any rule that relates REINS Act would provide a framework to veterans or veterans affairs. This chapter, days; 70 percent of surveyed facilities for discussion were there a rule to arise as in effect before the enactment of the Reg- cited an inadequate number of staff to that hit that cost threshold to assure ulations from the Executive in Need of Scru- treat veterans; and 70 percent said that crisp, clear improvement, particularly tiny Act of 2011, shall continue to apply, they just simply lacked space. in dealing with backlogs. after such enactment, to any such rule, as We also know that there’s a serious When we deal with the VA specifi- appropriate.’’. unemployment barrier among our vet- cally, I have had area managers of the Page 24, in the matter preceding line 10, add after the item relating to section 807 the erans as they return to civilian life. Veterans Administration point out spe- following new item: The unemployment rate among vets cific rules that cause increased queuing 808. Exemption for certain rules. who served in Iraq and Afghanistan and waiting time that were not being The Acting CHAIR. Pursuant to since 9/11 is 12.1 percent, substantially addressed. This amendment would ac- House Resolution 479, the gentlewoman higher than the national average that tually prevent us from being able to we’re so concerned about now. Unem- from Wisconsin (Ms. MOORE) and a address such things, were they to hit Member opposed each will control 5 ployment among vets will spike as we the threshold. minutes. end the war in Iraq. The last 20,000 The amendment carves all regula- The Chair recognizes the gentle- troops are expected to arrive by the tions that affect veterans and veteran woman from Wisconsin. end of the year from Iraq. We can ex- affairs out of the REINS Act congres- Ms. MOORE. Mr. Chairman, I yield pect about an additional 10,000 veterans sional approval procedures. Frankly, myself such time as I may consume. from Afghanistan to come home before the REINS Act supporters honor Amer- My amendment is very straight- the end of the year, and 23,000 by the ica’s veterans. We have had America’s forward. It would exempt our Nation’s end of 2012. veterans speaking in favor of this bill veterans from the burdensome layers We just can’t delay assistance to our throughout the afternoon. and hurdles that H.R. 10 imposes and veterans. This has been an area, Mr. I believe that ultimately we are adds to the administrative rulemaking Chairman, where Democrats and Re- going to make decisions that will be in process and would specifically remove publicans have typically come together keeping with the will of the American veterans from the bill’s so-called ‘‘rein- and agreed. Yet H.R. 10, the REINS people and in the best interests of ing’’ provisions that require a joint res- Act, will have unintended consequences those veterans as we move forward. olution of Congress before an agency and dangerous consequences for vet- With that, I reserve the balance of puts forth a major rule to help our men erans who, of course, have received our my time. and women in uniform when they be- undying gratitude and support. Ms. MOORE. I thank the gentleman come veterans and after they return I ask my colleagues to consider this for responding, even though he doesn’t home from service. amendment and support my amend- agree with me. I’m just looking at Many of my colleagues and I disagree ment because this is not an area where about at least 14 rules that have been with this bill for a variety of reasons, we want to delay services to them. We implemented very expeditiously on be- including the author’s premise that re- don’t want to subject our vets to the half of our veterans since September ducing the administration’s ability to politics of Washington and a grid- 11. It is chilling to think about the regulate and promulgate rules will re- locked, hyperpartisan Congress that delays that may be caused by an extra sult in job creation. But whether or not struggles even to extend unemploy- process. we agree on the direction and approach ment insurance in a recession or the With that, I yield back the balance of to best help and promote America’s fu- payroll tax to middle class people, let my time. ture, we all agree on some things. We alone a credit default by something ‘‘so Mr. DAVIS of Kentucky. That’s a all agree that the last thing we want to historically difficult’’ as raising the point that the gentlewoman and I will do is to pass legislation that will delay debt ceiling. agree to disagree on. I believe that we assistance to those veterans who have I just think that Americans will have seen the Congress move in an ex- selflessly chosen to fight for our coun- agree with me that our Nation’s vet- pedited manner in national security in try and deserve every ounce of assist- erans deserve to be excluded from the dealing with our veterans, and there ance we can provide them when they gridlock that this will invariably would be no difference under this legis- come back home. cause. Let’s come together once more lation. Veterans deserve educational oppor- to adopt this amendment, Mr. Chair, Ultimately, we know that Congress tunity, rehabilitation for sometimes not just for the troops that need help, must approve all legislation relating to very severe disabilities, Mr. Chairman, but for the troops that will be here in every agency of the Federal Govern- mental health treatment for the near future. ment, and we’ll be doing our constitu- posttraumatic stress disorder, employ- I reserve the balance of my time. tional duty, as I remind everybody lis- ment opportunities, and housing oppor- Mr. DAVIS of Kentucky. Mr. Chair- tening, to restore transparency, ac- tunities. Delaying rulemaking author- man, I rise in opposition to the amend- countability, and a check-and-balance ity will have dire consequences for our ment. so that our citizens and our voters can veterans. The Acting CHAIR. The gentleman is hold somebody in the government ac- For example, Mr. Chair, one very dis- recognized for 5 minutes. countable instead of faceless bureau- turbing issue for me has been the high Mr. DAVIS of Kentucky. I yield my- crats. rate of suicides among our service- self such time as I may consume. members. We can’t delay this kind of I respect my friend from Wisconsin b 1610 assistance. In fact, last year there were with whom I have worked on numerous It’s a solution that everyone should more deaths among our troops from pieces of legislation related to child support. Congress will be more ac- suspected suicide than deaths from homelessness and affordable housing; countable. hostile combat. but in this case I’m going to respect- I ask all of my colleagues to oppose We’re facing an epidemic here at fully disagree with the premise of the this amendment, and I yield back the home, too. A recent report from the legislation, as a veteran, as a former balance of my time.

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.086 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8232 CONGRESSIONAL RECORD — HOUSE December 7, 2011 The Acting CHAIR. The question is Honda Meehan Sarbanes Rivera Scott (SC) Turner (NY) on the amendment offered by the gen- Hoyer Meeks Schakowsky Roby Scott, Austin Turner (OH) Inslee Michaud Schiff Roe (TN) Sensenbrenner Upton tlewoman from Wisconsin (Ms. MOORE). Israel Miller (NC) Schrader Rogers (AL) Sessions Walberg The question was taken; and the Act- Jackson (IL) Miller, George Schwartz Rogers (KY) Shimkus Walden ing Chair announced that the noes ap- Jackson Lee Moore Scott (VA) Rogers (MI) Shuster Walsh (IL) (TX) Moran Rohrabacher Simpson peared to have it. Scott, David Webster Johnson (GA) Murphy (CT) Serrano Rokita Smith (NE) West Rooney Smith (NJ) Ms. MOORE. Mr. Chairman, I demand Johnson, E. B. Napolitano Sewell Westmoreland Kaptur Neal Ros-Lehtinen Smith (TX) a recorded vote. Sherman Whitfield Keating Olver Roskam Southerland Shuler Wilson (SC) The Acting CHAIR. Pursuant to Kildee Owens Ross (FL) Stearns clause 6 of rule XVIII, further pro- Kind Pallone Sires Royce Stivers Wittman ceedings on the amendment offered by Kissell Pascrell Slaughter Runyan Stutzman Wolf Smith (WA) Womack the gentlewoman from Wisconsin will Kucinich Pastor (AZ) Ryan (WI) Sullivan Langevin Payne Speier Scalise Terry Woodall be postponed. Larsen (WA) Pelosi Stark Schilling Thompson (PA) Yoder ANNOUNCEMENT BY THE ACTING CHAIR Larson (CT) Perlmutter Sutton Schmidt Thornberry Young (AK) Lee (CA) Peters Thompson (CA) Schock Tiberi Young (IN) The Acting CHAIR. Pursuant to Levin Pingree (ME) Thompson (MS) Schweikert Tipton clause 6 of rule XVIII, proceedings will Lewis (GA) Polis Tierney NOT VOTING—10 now resume on those amendments Lipinski Price (NC) Tonko printed in part B of House Report 112– Loebsack Quigley Towns Bachmann Gohmert Wilson (FL) Lofgren, Zoe Rahall Tsongas Castor (FL) Hinchey Young (FL) 311 on which further proceedings were Lowey Rangel Van Hollen Diaz-Balart Myrick postponed, in the following order: Luja´ n Reyes Vela´ zquez Giffords Nadler Amendment No. 2 by Mr. JOHNSON of Lynch Richardson Visclosky Maloney Richmond Walz (MN) b 1637 Georgia. Markey Ross (AR) Wasserman Amendment No. 3 by Mr. SCHRADER Matheson Rothman (NJ) Schultz Messrs. BILBRAY, HERGER, CAN- of Oregon. Matsui Roybal-Allard TOR, FITZPATRICK, STIVERS, and McCarthy (NY) Ruppersberger Waters Amendment No. 5 by Mrs. MCCARTHY McCollum Rush Watt SCHOCK changed their vote from of New York. McDermott Ryan (OH) Waxman ‘‘aye’’ to ‘‘no.’’ Amendment No. 6 by Ms. JACKSON McGovern Sa´ nchez, Linda Welch So the amendment was rejected. Woolsey LEE of Texas. McIntyre T. The result of the vote was announced McNerney Sanchez, Loretta Yarmuth Amendment No. 7 by Ms. MOORE of as above recorded. Wisconsin. NOES—236 AMENDMENT NO. 3 OFFERED BY MR. SCHRADER The Chair will reduce to 2 minutes Adams Farenthold Lamborn The Acting CHAIR. The unfinished the minimum time for any electronic Aderholt Fincher Lance business is the demand for a recorded vote after the first vote in this series. Akin Fitzpatrick Landry Alexander Flake Lankford vote on the amendment offered by the AMENDMENT NO. 2 OFFERED BY MR. JOHNSON OF Amash Fleischmann Latham gentleman from Oregon (Mr. SCHRA- GEORGIA Amodei Fleming LaTourette DER) on which further proceedings were The Acting CHAIR. The unfinished Austria Flores Latta postponed and on which the noes pre- Bachus Forbes Lewis (CA) business is the demand for a recorded Barletta Fortenberry LoBiondo vailed by voice vote. vote on the amendment offered by the Barrow Foxx Long The Clerk will redesignate the gentleman from Georgia (Mr. JOHNSON) Bartlett Franks (AZ) Lucas amendment. on which further proceedings were Barton (TX) Frelinghuysen Luetkemeyer Benishek Gallegly Lummis The Clerk redesignated the amend- postponed and on which the noes pre- Berg Gardner Lungren, Daniel ment. vailed by voice vote. Biggert Garrett E. RECORDED VOTE The Clerk will redesignate the Bilbray Gerlach Mack Bilirakis Gibbs Manzullo The Acting CHAIR. A recorded vote amendment. Bishop (UT) Gibson Marchant has been demanded. The Clerk redesignated the amend- Black Gingrey (GA) Marino A recorded vote was ordered. ment. Blackburn Goodlatte McCarthy (CA) Bonner Gosar McCaul The Acting CHAIR. This is a 2- RECORDED VOTE Bono Mack Gowdy McClintock minute vote. The Acting CHAIR. A recorded vote Boren Granger McCotter The vote was taken by electronic de- has been demanded. Boustany Graves (GA) McHenry vice, and there were—ayes 183, noes 238, Brady (TX) Graves (MO) McKeon A recorded vote was ordered. Brooks Griffin (AR) McKinley not voting 12, as follows: The vote was taken by electronic de- Broun (GA) Griffith (VA) McMorris [Roll No. 896] vice, and there were—ayes 187, noes 236, Buchanan Grimm Rodgers Bucshon Guinta Mica AYES—183 not voting 10, as follows: Buerkle Guthrie Miller (FL) Ackerman Cleaver Fudge [Roll No. 895] Burgess Hall Miller (MI) Altmire Clyburn Garamendi Burton (IN) Hanna Miller, Gary Andrews Cohen Gibson AYES—187 Calvert Harper Mulvaney Baca Connolly (VA) Gonzalez Ackerman Clarke (MI) Doyle Camp Harris Murphy (PA) Baldwin Cooper Green, Al Altmire Clarke (NY) Edwards Campbell Hartzler Neugebauer Barrow Costa Green, Gene Andrews Clay Ellison Canseco Hastings (WA) Noem Bass (CA) Costello Gutierrez Baca Cleaver Engel Cantor Hayworth Nugent Becerra Courtney Hahn Baldwin Clyburn Eshoo Capito Heck Nunes Berkley Critz Hanabusa Bass (CA) Cohen Farr Carter Hensarling Nunnelee Berman Crowley Hanna Bass (NH) Connolly (VA) Fattah Cassidy Herger Olson Bishop (GA) Cuellar Hastings (FL) Becerra Conyers Filner Chabot Herrera Beutler Palazzo Bishop (NY) Cummings Heinrich Berkley Cooper Frank (MA) Chaffetz Huelskamp Paul Blumenauer Davis (CA) Higgins Berman Costa Fudge Coble Huizenga (MI) Paulsen Boren Davis (IL) Himes Bishop (GA) Costello Garamendi Coffman (CO) Hultgren Pearce Boswell DeFazio Hinojosa Bishop (NY) Courtney Gonzalez Cole Hunter Pence Brady (PA) DeGette Hirono Blumenauer Critz Green, Al Conaway Hurt Peterson Braley (IA) DeLauro Hochul Boswell Crowley Green, Gene Cravaack Issa Petri Brown (FL) Deutch Holden Brady (PA) Cuellar Grijalva Crawford Jenkins Pitts Butterfield Dicks Holt Braley (IA) Cummings Gutierrez Crenshaw Johnson (IL) Platts Capps Dingell Honda Brown (FL) Davis (CA) Hahn Culberson Johnson (OH) Poe (TX) Capuano Doggett Hoyer Butterfield Davis (IL) Hanabusa Davis (KY) Johnson, Sam Pompeo Cardoza Donnelly (IN) Inslee Capps DeFazio Hastings (FL) Denham Jones Posey Carnahan Doyle Israel Capuano DeGette Heinrich DesJarlais Jordan Price (GA) Carney Edwards Jackson (IL) Cardoza DeLauro Higgins Dold Kelly Quayle Carson (IN) Ellison Jackson Lee Carnahan Dent Himes Dreier King (IA) Reed Chandler Engel (TX) Carney Deutch Hinojosa Duffy King (NY) Rehberg Chu Eshoo Johnson (GA) Carson (IN) Dicks Hirono Duncan (SC) Kingston Reichert Cicilline Farr Johnson, E. B. Chandler Dingell Hochul Duncan (TN) Kinzinger (IL) Renacci Clarke (MI) Fattah Jones Chu Doggett Holden Ellmers Kline Ribble Clarke (NY) Filner Kaptur Cicilline Donnelly (IN) Holt Emerson Labrador Rigell Clay Frank (MA) Keating

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.089 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8233 Kildee Napolitano Schakowsky Schweikert Stivers Walsh (IL) Lofgren, Zoe Payne Serrano Kind Neal Schiff Scott (SC) Stutzman Waxman Lowey Pelosi Sewell Kissell Olver Schrader Scott (VA) Sullivan Webster Luja´ n Peters Sherman Langevin Owens Schwartz Scott, Austin Terry West Lynch Pingree (ME) Shuler Larsen (WA) Pallone Scott, David Sensenbrenner Thompson (PA) Westmoreland Maloney Polis Sires Larson (CT) Pascrell Serrano Sessions Thornberry Whitfield Markey Price (NC) Slaughter Lee (CA) Pastor (AZ) Sewell Shimkus Tiberi Wilson (SC) Matsui Quigley Smith (WA) Levin Payne Sherman Shuster Tipton Wittman McCarthy (NY) Rahall Speier Lewis (GA) Pelosi Shuler Simpson Tsongas Wolf McCollum Rangel Stark Lipinski Perlmutter Sires Smith (NE) Turner (NY) Womack McDermott Reyes Sutton Loebsack Peters Slaughter Smith (NJ) Turner (OH) Woodall McGovern Richardson Thompson (CA) Smith (TX) Upton Yoder Lofgren, Zoe Peterson Smith (WA) McIntyre Richmond Thompson (MS) Lowey Pingree (ME) Southerland Walberg Young (AK) McNerney Ross (AR) Speier Tierney Luja´ n Polis Stearns Walden Young (IN) Meeks Rothman (NJ) Stark Tonko Lynch Price (NC) Michaud Roybal-Allard Sutton Towns Maloney Quigley NOT VOTING—12 Miller (NC) Ruppersberger Thompson (CA) Tsongas Markey Rahall Bachmann Gohmert Wasserman Miller, George Rush Thompson (MS) Van Hollen Matheson Rangel Castor (FL) Hinchey Schultz Moore Ryan (OH) Tierney Vela´ zquez Matsui Reyes Conyers Myrick Young (FL) Moran Sa´ nchez, Linda McCarthy (NY) Richardson Tonko Diaz-Balart Nadler Murphy (CT) T. Visclosky McClintock Richmond Towns Giffords Paul Napolitano Sanchez, Loretta Walz (MN) McCollum Ross (AR) Van Hollen Neal Sarbanes Waters McGovern Rothman (NJ) Vela´ zquez Olver Schakowsky Waxman McIntyre Roybal-Allard Visclosky b 1642 Owens Schiff Welch McNerney Ruppersberger Walz (MN) Pallone Schwartz Wilson (FL) Meeks Rush Waters Mr. AL GREEN of Texas changed his Pascrell Scott (VA) Woolsey Michaud Ryan (OH) Watt vote from ‘‘no’’ to ‘‘aye.’’ Pastor (AZ) Scott, David Yarmuth Miller (NC) Sa´ nchez, Linda Welch Mr. SCOTT of South Carolina Miller, George T. Wilson (FL) changed his vote from ‘‘present’’ to NOES—246 Moore Sanchez, Loretta Woolsey Murphy (CT) Sarbanes Yarmuth ‘‘no.’’ Adams Flores Mack So the amendment was rejected. Aderholt Forbes Manzullo NOES—238 Akin Fortenberry Marchant The result of the vote was announced Alexander Foxx Marino Adams Flores Lungren, Daniel as above recorded. Amash Franks (AZ) Matheson Aderholt Forbes E. Amodei Frelinghuysen McCarthy (CA) AMENDMENT NO. 5 OFFERED BY MRS. MCCARTHY Akin Fortenberry Mack Austria Gallegly McCaul Alexander Foxx Manzullo OF NEW YORK Bachus Gardner McClintock Amash Franks (AZ) Marchant The Acting CHAIR. The unfinished Barletta Garrett McCotter Amodei Frelinghuysen Marino business is the demand for a recorded Barrow Gerlach McHenry Austria Gallegly McCarthy (CA) Bartlett Gibbs McKeon Bachus Gardner McCaul vote on the amendment offered by the Barton (TX) Gibson McKinley Barletta Garrett McCotter gentlewoman from New York (Mrs. Bass (NH) Gingrey (GA) McMorris Bartlett Gerlach McDermott MCCARTHY) on which further pro- Benishek Gohmert Rodgers Barton (TX) Gibbs McHenry ceedings were postponed and on which Berg Goodlatte Meehan Bass (NH) Gingrey (GA) McKeon Biggert Gosar Mica Benishek Goodlatte McKinley the noes prevailed by voice vote. Bilbray Gowdy Miller (FL) Berg Gosar McMorris The Clerk will redesignate the Bilirakis Granger Miller (MI) Biggert Gowdy Rodgers amendment. Bishop (GA) Graves (GA) Miller, Gary Bilbray Granger Meehan Bishop (UT) Graves (MO) Mulvaney Bilirakis Graves (GA) Mica The Clerk redesignated the amend- Black Griffin (AR) Murphy (PA) Bishop (UT) Graves (MO) Miller (FL) ment. Blackburn Griffith (VA) Neugebauer Black Griffin (AR) Miller (MI) RECORDED VOTE Bonner Grimm Noem Blackburn Griffith (VA) Miller, Gary Bono Mack Guinta Nugent Bonner Grijalva Moran The Acting CHAIR. A recorded vote Boren Guthrie Nunes Bono Mack Grimm Mulvaney has been demanded. Boustany Hall Nunnelee Boustany Guinta Murphy (PA) A recorded vote was ordered. Brooks Hanna Olson Brady (TX) Guthrie Neugebauer Broun (GA) Harper Palazzo Brooks Hall Noem The Acting CHAIR. This is a 2- Buchanan Harris Paul Broun (GA) Harper Nugent minute vote. Bucshon Hartzler Paulsen Buchanan Harris Nunes The vote was taken by electronic de- Buerkle Hastings (WA) Pearce Bucshon Hartzler Nunnelee vice, and there were—ayes 177, noes 246, Burgess Hayworth Pence Buerkle Hastings (WA) Olson Burton (IN) Heck Perlmutter Burgess Hayworth Palazzo not voting 10, as follows: Calvert Hensarling Peterson Burton (IN) Heck Paulsen [Roll No. 897] Camp Herger Petri Calvert Hensarling Pearce Campbell Herrera Beutler Pitts Camp Herger Pence AYES—177 Canseco Huelskamp Platts Campbell Herrera Beutler Petri Ackerman Costello Hanabusa Cantor Huizenga (MI) Poe (TX) Canseco Huelskamp Pitts Altmire Courtney Hastings (FL) Capito Hultgren Pompeo Cantor Huizenga (MI) Platts Andrews Critz Heinrich Cardoza Hunter Posey Capito Hultgren Poe (TX) Baca Crowley Higgins Carter Hurt Price (GA) Carter Hunter Pompeo Baldwin Cuellar Himes Cassidy Issa Quayle Cassidy Hurt Posey Bass (CA) Cummings Hinojosa Chabot Jenkins Reed Chabot Issa Price (GA) Becerra Davis (CA) Hirono Chaffetz Johnson (IL) Rehberg Chaffetz Jenkins Quayle Berkley Davis (IL) Hochul Coble Johnson (OH) Reichert Coble Johnson (IL) Reed Berman DeFazio Holden Coffman (CO) Johnson, Sam Renacci Coffman (CO) Johnson (OH) Rehberg Bishop (NY) DeGette Holt Cole Jones Ribble Cole Johnson, Sam Reichert Blumenauer DeLauro Honda Conaway Jordan Rigell Conaway Jordan Renacci Boswell Deutch Hoyer Costa Kelly Rivera Cravaack Kelly Ribble Brady (PA) Dicks Inslee Cravaack King (IA) Roby Crawford King (IA) Rigell Braley (IA) Dingell Israel Crawford King (NY) Roe (TN) Crenshaw King (NY) Rivera Brown (FL) Doggett Jackson (IL) Crenshaw Kingston Rogers (AL) Culberson Kingston Roby Butterfield Donnelly (IN) Jackson Lee Culberson Kinzinger (IL) Rogers (KY) Davis (KY) Kinzinger (IL) Roe (TN) Capps Doyle (TX) Davis (KY) Kline Rogers (MI) Denham Kline Rogers (AL) Capuano Edwards Johnson (GA) Denham Labrador Rohrabacher Dent Kucinich Rogers (KY) Carnahan Ellison Johnson, E. B. Dent Lamborn Rokita DesJarlais Labrador Rogers (MI) Carney Engel Kaptur DesJarlais Lance Rooney Dold Lamborn Rohrabacher Carson (IN) Eshoo Keating Dold Landry Ros-Lehtinen Dreier Lance Rokita Chandler Farr Kildee Dreier Lankford Roskam Duffy Landry Rooney Chu Fattah Kind Duffy Latham Ross (FL) Duncan (SC) Lankford Ros-Lehtinen Cicilline Filner Kissell Duncan (SC) LaTourette Royce Duncan (TN) Latham Roskam Clarke (MI) Frank (MA) Kucinich Duncan (TN) Latta Runyan Ellmers LaTourette Ross (FL) Clarke (NY) Fudge Langevin Ellmers Lewis (CA) Ryan (WI) Emerson Latta Royce Clay Garamendi Larsen (WA) Emerson LoBiondo Scalise Farenthold Lewis (CA) Runyan Cleaver Gonzalez Larson (CT) Farenthold Long Schilling Fincher LoBiondo Ryan (WI) Clyburn Green, Al Lee (CA) Fincher Lucas Schmidt Fitzpatrick Long Scalise Cohen Green, Gene Levin Fitzpatrick Luetkemeyer Schock Flake Lucas Schilling Connolly (VA) Grijalva Lewis (GA) Flake Lummis Schrader Fleischmann Luetkemeyer Schmidt Conyers Gutierrez Lipinski Fleischmann Lungren, Daniel Schweikert Fleming Lummis Schock Cooper Hahn Loebsack Fleming E. Scott (SC)

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.036 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8234 CONGRESSIONAL RECORD — HOUSE December 7, 2011 Scott, Austin Terry West McDermott Quigley Shuler Stivers Turner (OH) Wittman Sensenbrenner Thompson (PA) Westmoreland McGovern Rahall Sires Stutzman Upton Wolf Sessions Thornberry Whitfield McIntyre Rangel Slaughter Sullivan Walberg Womack Shimkus Tiberi Wilson (SC) McNerney Reyes Smith (WA) Terry Walden Woodall Shuster Tipton Wittman Meeks Richardson Speier Thompson (PA) Walsh (IL) Yoder Simpson Turner (NY) Wolf Michaud Richmond Stark Thornberry West Young (AK) Smith (NE) Turner (OH) Womack Miller (NC) Ross (AR) Sutton Tiberi Westmoreland Young (IN) Smith (NJ) Upton Woodall Miller, George Rothman (NJ) Thompson (CA) Tipton Whitfield Smith (TX) Walberg Turner (NY) Wilson (SC) Yoder Moore Roybal-Allard Thompson (MS) Southerland Walden Moran Ruppersberger Tierney Young (AK) Stearns Walsh (IL) Murphy (CT) Rush Tonko NOT VOTING—14 Young (IN) Stivers Wasserman Napolitano Ryan (OH) Towns Bachmann Hinchey Watt Stutzman Schultz Neal Sa´ nchez, Linda Tsongas Barton (TX) Hirono Webster Sullivan Webster Olver T. Van Hollen Castor (FL) Kind Woolsey Owens Sanchez, Loretta Vela´ zquez Diaz-Balart Myrick Young (FL) NOT VOTING—10 Pallone Sarbanes Visclosky Giffords Nadler Bachmann Giffords Watt Pascrell Schakowsky Walz (MN) Brady (TX) Hinchey Young (FL) Pastor (AZ) Schiff Wasserman ANNOUNCEMENT BY THE ACTING CHAIR Castor (FL) Myrick Payne Schwartz Schultz The Acting CHAIR (during the vote). Diaz-Balart Nadler Pelosi Scott (VA) Waters There is 1 minute remaining. Peters Scott, David Waxman ANNOUNCEMENT BY THE ACTING CHAIR Pingree (ME) Serrano Welch b 1649 The Acting CHAIR (during the vote). Polis Sewell Wilson (FL) There is 1 minute remaining. Price (NC) Sherman Yarmuth So the amendment was rejected. The result of the vote was announced NOES—242 as above recorded. b 1645 Adams Frelinghuysen McCotter AMENDMENT NO. 7 OFFERED BY MS. MOORE So the amendment was rejected. Aderholt Gallegly McHenry Akin Gardner McKeon The Acting CHAIR. The unfinished The result of the vote was announced Alexander Garrett McKinley business is the demand for a recorded as above recorded. Amash Gerlach McMorris Amodei Gibbs Rodgers vote on the amendment offered by the AMENDMENT NO. 6 OFFERED BY MS. JACKSON Austria Gibson Meehan gentlewoman from Wisconsin (Ms. LEE OF TEXAS Bachus Gingrey (GA) Mica MOORE) on which further proceedings The Acting CHAIR. The unfinished Barletta Gohmert Miller (FL) were postponed and on which the noes business is the demand for a recorded Barrow Goodlatte Miller (MI) Bartlett Gosar Miller, Gary prevailed by voice vote. vote on the amendment offered by the Bass (NH) Gowdy Mulvaney The Clerk will redesignate the gentlewoman from Texas (Ms. JACKSON Benishek Granger Murphy (PA) amendment. LEE) on which further proceedings were Berg Graves (GA) Neugebauer The Clerk redesignated the amend- postponed and on which the noes pre- Biggert Graves (MO) Noem Bilbray Griffin (AR) Nugent ment. vailed by voice vote. Bilirakis Griffith (VA) Nunes RECORDED VOTE The Clerk will redesignate the Bishop (GA) Grimm Nunnelee amendment. Bishop (UT) Guinta Olson The Acting CHAIR. A recorded vote Black Guthrie Palazzo has been demanded. The Clerk redesignated the amend- Blackburn Hall Paul ment. A recorded vote was ordered. Bonner Hanna Paulsen The Acting CHAIR. This is a 2- RECORDED VOTE Bono Mack Harper Pearce Boren Harris Pence minute vote. The Acting CHAIR. A recorded vote Boustany Hartzler Perlmutter The vote was taken by electronic de- has been demanded. Brady (TX) Hastings (WA) Peterson vice, and there were—ayes 183, noes 240, Brooks Hayworth Petri A recorded vote was ordered. not voting 10, as follows: The Acting CHAIR. This is a 2- Broun (GA) Heck Pitts Buchanan Hensarling Platts [Roll No. 899] minute vote. Bucshon Herger Poe (TX) AYES—183 The vote was taken by electronic de- Buerkle Herrera Beutler Pompeo vice, and there were—ayes 177, noes 242, Burgess Huelskamp Posey Ackerman DeGette Johnson, E. B. Burton (IN) Huizenga (MI) Price (GA) Altmire DeLauro Jones not voting 14, as follows: Calvert Hultgren Quayle Andrews Deutch Kaptur [Roll No. 898] Camp Hunter Reed Baca Dicks Keating Campbell Hurt Rehberg Baldwin Dingell Kildee AYES—177 Canseco Issa Reichert Bass (CA) Doggett Kind Ackerman Courtney Himes Cantor Jenkins Renacci Becerra Donnelly (IN) Kissell Altmire Critz Hinojosa Capito Johnson (IL) Ribble Berkley Doyle Kucinich Andrews Crowley Hochul Carter Johnson (OH) Rigell Berman Edwards Langevin Baca Cuellar Holden Cassidy Johnson, Sam Rivera Bishop (NY) Ellison Larsen (WA) Baldwin Cummings Holt Chabot Jones Roby Boswell Engel Larson (CT) Bass (CA) Davis (CA) Honda Chaffetz Jordan Roe (TN) Brady (PA) Eshoo Lee (CA) Becerra Davis (IL) Hoyer Coble Kelly Rogers (AL) Braley (IA) Farr Levin Berkley DeFazio Inslee Coffman (CO) King (IA) Rogers (KY) Brown (FL) Fattah Lewis (GA) Berman DeGette Israel Cole King (NY) Rogers (MI) Butterfield Filner Lipinski Bishop (NY) DeLauro Jackson (IL) Conaway Kingston Rohrabacher Capps Frank (MA) Loebsack Blumenauer Deutch Jackson Lee Cravaack Kinzinger (IL) Rokita Capuano Fudge Lofgren, Zoe Boswell Dicks (TX) Crawford Kline Rooney Cardoza Garamendi Lowey Brady (PA) Dingell Johnson (GA) Crenshaw Labrador Ros-Lehtinen Carnahan Gonzalez Luja´ n Braley (IA) Doggett Johnson, E. B. Culberson Lamborn Roskam Carney Green, Al Lynch Brown (FL) Donnelly (IN) Kaptur Davis (KY) Lance Ross (FL) Carson (IN) Green, Gene Maloney Butterfield Doyle Keating Denham Landry Royce Chandler Grijalva Markey Capps Edwards Kildee Dent Lankford Runyan Chu Gutierrez Matheson Capuano Ellison Kissell DesJarlais Latham Ryan (WI) Cicilline Hahn Matsui Cardoza Engel Kucinich Dold LaTourette Scalise Clarke (MI) Hanabusa McCarthy (NY) Carnahan Eshoo Langevin Dreier Latta Schilling Clarke (NY) Hastings (FL) McCollum Carney Farr Larsen (WA) Duffy Lewis (CA) Schmidt Clay Heinrich McDermott Carson (IN) Fattah Larson (CT) Duncan (SC) LoBiondo Schock Cleaver Higgins McGovern Chandler Filner Lee (CA) Duncan (TN) Long Schrader Clyburn Himes McIntyre Chu Frank (MA) Levin Ellmers Lucas Schweikert Cohen Hinojosa McNerney Cicilline Fudge Lewis (GA) Emerson Luetkemeyer Scott (SC) Connolly (VA) Hirono Meeks Clarke (MI) Garamendi Lipinski Farenthold Lummis Scott, Austin Conyers Hochul Michaud Clarke (NY) Gonzalez Loebsack Fincher Lungren, Daniel Sensenbrenner Cooper Holden Miller (NC) Clay Green, Al Lofgren, Zoe Fitzpatrick E. Sessions Costa Holt Miller, George Cleaver Green, Gene Lowey Flake Mack Shimkus Costello Honda Moore Clyburn Grijalva Luja´ n Fleischmann Maloney Shuster Courtney Hoyer Moran Cohen Gutierrez Lynch Fleming Manzullo Simpson Critz Inslee Murphy (CT) Connolly (VA) Hahn Markey Flores Marchant Smith (NE) Crowley Israel Napolitano Conyers Hanabusa Matheson Forbes Marino Smith (NJ) Cuellar Jackson (IL) Neal Cooper Hastings (FL) Matsui Fortenberry McCarthy (CA) Smith (TX) Davis (CA) Jackson Lee Olver Costa Heinrich McCarthy (NY) Foxx McCaul Southerland Davis (IL) (TX) Owens Costello Higgins McCollum Franks (AZ) McClintock Stearns DeFazio Johnson (GA) Pallone

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.052 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8235 Pascrell Ryan (OH) Sutton West Wittman Yoder tions from the Executive in Need of Scrutiny Pastor (AZ) Sa´ nchez, Linda Thompson (CA) Westmoreland Wolf Young (AK) Act of 2011, shall continue to apply, after Payne T. Thompson (MS) Whitfield Womack Young (IN) Pelosi Sanchez, Loretta Tierney Wilson (SC) Woodall such enactment, to any such rule, as appro- Perlmutter Sarbanes Tonko priate.’’. Peters Schakowsky Towns NOT VOTING—10 Pingree (ME) Schiff Tsongas Bachmann Diaz-Balart Nadler The SPEAKER pro tempore. The gen- Polis Schrader Van Hollen Bishop (UT) Giffords Young (FL) tlewoman from Connecticut is recog- Price (NC) Schwartz Vela´ zquez Castor (FL) Hinchey Quigley Scott (VA) Visclosky Cummings Myrick nized for 5 minutes. Rahall Scott, David Walz (MN) Rangel Serrano Wasserman ANNOUNCEMENT BY THE ACTING CHAIR Ms. DELAURO. Mr. Speaker, I rise to Reyes Sewell Schultz The Acting CHAIR (during the vote). offer a motion that would exempt Richardson Sherman Waters country of origin labeling from the reg- Richmond Shuler Watt There is 1 minute remaining. Ross (AR) Sires Waxman ulations affected by this legislation. Rothman (NJ) Slaughter Welch b 1653 This is the final amendment to the bill, Roybal-Allard Smith (WA) Wilson (FL) Ruppersberger Speier Woolsey So the amendment was rejected. which will not kill it or send it back to Rush Stark Yarmuth The result of the vote was announced committee. Instead, we will move to as above recorded. final passage on the bill, as amended. NOES—240 The Acting CHAIR (Mr. WEST). There We have had a heated debate over Adams Garrett Miller (MI) being no further amendments, under this act. I have very strong concerns Aderholt Gerlach Miller, Gary the rule, the Committee rises. Akin Gibbs Mulvaney about it. But however one feels about Alexander Gibson Murphy (PA) Accordingly, the Committee rose; the legislation before us, we should all Amash Gingrey (GA) Neugebauer and the Speaker pro tempore (Mr. Amodei Gohmert Noem be able to agree on fundamental prin- WOMACK) having assumed the chair, Austria Goodlatte Nugent ciples. Bachus Gosar Nunes Mr. WEST, Acting Chair of the Com- Barletta Gowdy Nunnelee mittee of the Whole House on the state First, that it is the responsibility of Barrow Granger Olson Bartlett Graves (GA) Palazzo of the Union, reported that that Com- this institution and of government to Barton (TX) Graves (MO) Paul mittee, having had under consideration see that the health and the safety of Bass (NH) Griffin (AR) Paulsen the bill (H.R. 10) to amend chapter 8 of American families are protected. This Benishek Griffith (VA) Pearce Berg Grimm Pence title 5, United States Code, to provide includes protecting Americans from Biggert Guinta Peterson that major rules of the executive unsafe and contaminated food. And, Bilbray Guthrie Petri branch shall have no force or effect un- second, the consumer should be able to Bilirakis Hall Pitts Bishop (GA) Hanna Platts less a joint resolution of approval is en- know where the food and products they Black Harper Poe (TX) acted into law, and, pursuant to House buy come from so that they can make Blackburn Harris Pompeo Resolution 479, reported the bill, as Blumenauer Hartzler Posey informed decisions about their pur- Bonner Hastings (WA) Price (GA) amended by that resolution, back to chases, as they should be able to in a Bono Mack Hayworth Quayle the House with a further amendment free market. Boren Heck Reed adopted in the Committee of the Boustany Hensarling Rehberg That is what country of origin label- Whole. Brady (TX) Herger Reichert ing does, and it is why my final amend- Brooks Herrera Beutler Renacci The SPEAKER pro tempore. Under ment simply exempts country of origin Broun (GA) Huelskamp Ribble the rule, the previous question is or- Buchanan Huizenga (MI) Rigell labeling from the underlying bill before dered. Bucshon Hultgren Rivera us. It gives us an opportunity to come Buerkle Hunter Roby The question is on the amendment. Burgess Hurt Roe (TN) The amendment was agreed to. together in a bipartisan way to protect Burton (IN) Issa Rogers (AL) the health and safety of our constitu- Calvert Jenkins Rogers (KY) The SPEAKER pro tempore. The Camp Johnson (IL) Rogers (MI) question is on the engrossment and ents and to give the American public Campbell Johnson (OH) Rohrabacher third reading of the bill. the information they need and clearly Canseco Johnson, Sam Rokita want to make informed decisions for Cantor Jordan Rooney The bill was ordered to be engrossed Capito Kelly Ros-Lehtinen and read a third time, and was read the their families. Carter King (IA) Roskam Cassidy King (NY) Ross (FL) third time. More than 40 other countries we Chabot Kingston Royce MOTION TO RECOMMIT trade with have a country of origin la- Chaffetz Kinzinger (IL) Runyan beling system in place, and the major- Coble Kline Ryan (WI) Ms. DELAURO. Mr. Speaker, I have a Coffman (CO) Labrador Scalise motion to recommit at the desk. ity of American consumers continue to Cole Lamborn Schilling The SPEAKER pro tempore. Is the support country of origin labeling. Conaway Lance Schmidt Cravaack Landry Schock gentlewoman opposed to the bill? We know that food-borne illnesses Crawford Lankford Schweikert Ms. DELAURO. I am opposed in its are a major public health threat. They Crenshaw Latham Scott (SC) current form. Culberson LaTourette Scott, Austin account for roughly 48 million ill- Davis (KY) Latta Sensenbrenner The SPEAKER pro tempore. The nesses, 100,000 hospitalizations and over Denham Lewis (CA) Sessions Clerk will report the motion to recom- 3,000 deaths in this country every year. Dent LoBiondo Shimkus mit. DesJarlais Long Shuster Every year one in every six Americans Dold Lucas Simpson The Clerk read as follows: become sick from the food that they Dreier Luetkemeyer Smith (NE) Ms. DELAURO moves to recommit the bill Duffy Lummis Smith (NJ) eat. Our youngest and oldest Ameri- H.R. 10 to the Committee on the Judiciary Duncan (SC) Lungren, Daniel Smith (TX) cans are the most vulnerable to these with instructions to report the same back to Duncan (TN) E. Southerland illnesses, and right now roughly 80 per- Ellmers Mack Stearns the House forthwith, with the following Emerson Manzullo Stivers amendment: cent of the seafood and 60 percent of Farenthold Marchant Stutzman Page 45, line 22, insert after the first period the fruits and vegetables consumed in Fincher Marino Sullivan Fitzpatrick McCarthy (CA) Terry the following: the United States have been produced Flake McCaul Thompson (PA) ‘‘§ 808. Protection of Food Safety and Con- outside our borders. Fleischmann McClintock Thornberry sumer’s Right to Know through Country-of- Amid all this imported food, our abil- Fleming McCotter Tiberi Origin Labeling Flores McHenry Tipton ity to ensure that food products are Forbes McKeon Turner (NY) ‘‘Sections 801 through 807 of this chapter, safe and not contaminated is dwin- Fortenberry McKinley Turner (OH) as amended by the Regulations from the Ex- Foxx McMorris Upton ecutive in Need of Scrutiny Act of 2011 shall dling. The FDA inspects less than 2 Franks (AZ) Rodgers Walberg percent of the imported food in its ju- Frelinghuysen Meehan Walden not apply in the case of any rule regarding Gallegly Mica Walsh (IL) country of origin labeling. This chapter, as risdiction. Yet, 70 percent of the apple Gardner Miller (FL) Webster in effect before the enactment of the Regula- juice we drink was produced in China,

VerDate Mar 15 2010 04:10 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.038 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8236 CONGRESSIONAL RECORD — HOUSE December 7, 2011 roughly 90 percent of the shrimp that Good, bad or ugly—and our regu- op-ed for The Wall Street Journal ear- we eat was produced outside of the latory code includes all three—Con- lier this year. United States. Across this 2 percent, gress should be accountable for regula- The REINS Act lays down a marker the FDA finds a frighteningly large tions that cost the American people to say that Congress should be directly number of shipments with dangerous $100 million or more annually. accountable for the most expensive food safety violations, including the The REINS Act simply says that regulations that could stifle innovation presence of pathogens and chemical Congress must vote on these regula- and have a chilling effect on growth contamination. tions, these major rules, before they and jobs. Families should be able to know can be enforced on the American peo- In the words of the great Speaker where their food is coming from. Just ple. Essentially, this motion to recom- from Cincinnati, Ohio, Nicholas Long- this morning, a Japanese food producer mit repeats part of an exclusion al- worth, I ask all of my colleagues to announced the recall of 400,000 cans of ready attempted in the McCarthy strike a blow for liberty, to vote for ac- infant formula after traces of radio- amendment that the House just voted countability. I oppose the motion to re- active cesium were found in the com- down. It’s purely a political motion. commit. Vote against the motion to re- pany’s milk powder. And after the The REINS Act has been the subject commit. Support the REINS Act. Fukushima disaster earlier this year, of two hearings and a markup in the I yield back the balance of my time. Americans were concerned about the Judiciary Committee and was subject The SPEAKER pro tempore. Without safety of seafood imports. to an additional markup in the Rules objection, the previous question is or- I do not want to single out any one Committee. Today, we have had a ro- dered on the motion to recommit. country. Sadly, food-borne disease out- bust debate on the bill and seven There was no objection. breaks are frighteningly normal, both amendments, five of which were offered The SPEAKER pro tempore. The here and abroad. We recently experi- by colleagues in the minority. enced a listeria outbreak in canta- question is on the motion to recommit. Congress has a bipartisan bad habit The question was taken; and the loupes which sickened at least 139 peo- writing vague legislation that sounds ple and killed 29 more. Germany saw an Speaker pro tempore announced that nice, but leaves the dirty work to the noes appeared to have it. E. coli crisis this summer that killed unelected bureaucrats in administra- dozens and sickened thousands. In 2010, tive agencies. This practice has al- RECORDED VOTE we saw a salmonella outbreak in lowed the Congress to claim credit for Ms. DELAURO. Mr. Speaker, I de- crushed pepper that sickened 272 peo- popular aspects of laws, and blame reg- mand a recorded vote. ple, and another salmonella outbreak ulatory agencies for increased costs or A recorded vote was ordered. that resulted in the recall of over half the otherwise negative effects of the The SPEAKER pro tempore. Pursu- a billion eggs and almost 2,000 Ameri- regulations. ant to clause 9 of rule XX, the Chair cans becoming ill. Agencies are also starting to bypass will reduce to 5 minutes the minimum Country of origin labeling does not Congress by writing regulations that time for any electronic vote on the lead to American job losses or bank- stretch the bounds of their delegated question of passage. rupt the food industry; it simply lets authorities. The administration has de- The vote was taken by electronic de- consumers know where their food clared an intent to pursue their agenda vice, and there were—ayes 183, noes 235, comes from. by pushing items they could not get not voting 15, as follows: That is particularly important in through Congress through regulatory [Roll No. 900] this economy, when not only food in- actions instead. Indeed, laws they AYES—183 spectors, but food producers are could not pass in Democratic super- stretched thin. Consumers should be Ackerman Doggett Levin majorities in the last Congress are now Altmire Donnelly (IN) Lewis (GA) able to know when they are buying being attempted, against the will of Andrews Doyle Lipinski foods that were grown, raised, or pro- the Congress, to be implemented by Baca Duncan (TN) Loebsack duced right here in America. Baldwin Edwards Lofgren, Zoe regulation. Barrow Ellison Lowey b 1700 What we have proposed in the REINS Becerra Engel Luja´ n Act is very simple: Congress should at Berkley Eshoo Lynch They have the right to know where Berman Farr Maloney their food was produced and to make the very least be accountable for regu- Bishop (GA) Fattah Markey their own choices about the food that lations with $100 million of annual eco- Bishop (NY) Filner Matheson they buy. nomic impact or more. These rules are Blumenauer Frank (MA) Matsui classified by the administration as Boren Garamendi McCarthy (NY) In the past, there has been a bipar- Boswell Gonzalez McCollum tisan consensus that country-of-origin major rules. Brady (PA) Green, Al McDermott labeling is a good idea, that it keeps The REINS Act is not anti-regula- Braley (IA) Green, Gene McGovern tion, and it is not pro-regulation. What Brown (FL) Grijalva McIntyre families safe, and that it supports Butterfield Gutierrez McNerney American farmers. In fact, the chair- we’re saying is let’s have a transparent Capps Hahn Meeks man, my counterpart on the Labor- and accountable process for imple- Capuano Hanabusa Michaud HHS-Education Appropriations Sub- menting new regulations. Cardoza Hastings (FL) Miller (NC) According to a recent Gallup Poll, Carnahan Heinrich Miller, George committee, Congressman REHBERG of Carney Higgins Moore Montana, has been a leader in ensuring small business owners cited complying Carson (IN) Himes Moran strong country-of-origin labeling. We with government regulation as the big- Chandler Hinojosa Murphy (CT) gest problem facing them today. Public Chu Hirono Napolitano should continue that bipartisan com- Cicilline Hochul Neal mitment today. Exempt country-of-ori- Notice did a poll recently that found Clarke (MI) Holden Olver gin labeling from the REINS Act. that a majority of Americans believe Clay Holt Owens I urge my colleagues to stand up for Congress should approve regulations Clyburn Honda Pallone before they can be enforced. Cohen Hoyer Pascrell public health, consumers’ right to Connolly (VA) Inslee Pastor (AZ) know, and American businesses. Sup- Our economy is struggling to re- Cooper Israel Pelosi port this final amendment. cover, and more than 13 million Ameri- Costa Jackson (IL) Perlmutter Mr. DAVIS of Kentucky. Mr. Speak- cans are still out of work. Congress Costello Jackson Lee Peters needs to do a much better job of cre- Courtney (TX) Peterson er, I rise in opposition to the motion to Critz Johnson (GA) Pingree (ME) recommit. ating a pro-growth environment that Crowley Johnson, E. B. Polis The SPEAKER pro tempore. The gen- increases our competitiveness and re- Cuellar Jones Price (NC) tleman is recognized for 5 minutes. wards entrepreneurship and ingenuity. Cummings Kaptur Quigley Davis (CA) Keating Rahall Mr. DAVIS of Kentucky. Mr. Speak- Everyone agrees that regulations can Davis (IL) Kildee Rangel er, this motion is a distraction. It have a significant and detrimental im- DeFazio Kind Reyes misses the point of this legislation en- pact on jobs and our economy. Even DeGette Kissell Richardson tirely. We are here today to restore ac- President Obama described regulations DeLauro Kucinich Richmond Deutch Langevin Ross (AR) countability for the regulations with that stifle innovation and have a Dicks Larsen (WA) Rothman (NJ) the biggest impact on our economy. chilling effect on growth and jobs in an Dingell Larson (CT) Roybal-Allard

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.100 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8237 Ruppersberger Sewell Tsongas Diaz-Balart Hinchey Nadler Rogers (KY) Sensenbrenner Turner (NY) Rush Sherman Van Hollen Fudge Lee (CA) Payne Rogers (MI) Sessions Turner (OH) Ryan (OH) Shuler Vela´ zquez Giffords Myrick Young (FL) Rohrabacher Shimkus Upton Sa´ nchez, Linda Sires Visclosky Rokita Shuster Walberg T. Slaughter Walz (MN) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Rooney Simpson Walden Sanchez, Loretta Smith (WA) Wasserman The SPEAKER pro tempore (during Ros-Lehtinen Smith (NE) Walsh (IL) Sarbanes Speier Schultz the vote). There is 1 minute remaining. Roskam Smith (NJ) Webster Schakowsky Stark Waters Ross (FL) Smith (TX) West Schiff Sutton Watt Royce Southerland Westmoreland Schrader Thompson (CA) Waxman b 1723 Runyan Stearns Whitfield Schwartz Thompson (MS) Welch So the motion to recommit was re- Ryan (WI) Stivers Wilson (SC) Scott (VA) Tierney Wilson (FL) Scalise Stutzman Wittman Scott, David Tonko Woolsey jected. Schilling Sullivan Wolf Serrano Towns Yarmuth The result of the vote was announced Schmidt Terry Womack as above recorded. Schock Thompson (PA) Woodall NOES—235 The SPEAKER pro tempore. The Schweikert Thornberry Yoder Scott (SC) Tiberi Young (AK) Adams Goodlatte Nunnelee question is on the passage of the bill. Aderholt Gosar Olson Scott, Austin Tipton Young (IN) Akin Gowdy Palazzo The question was taken; and the Alexander Granger Paul Speaker pro tempore announced that NOES—184 Amash Graves (GA) Paulsen the ayes appeared to have it. Ackerman Gonzalez Pallone Amodei Graves (MO) Pearce Altmire Green, Al Pascrell RECORDED VOTE Austria Griffin (AR) Pence Andrews Green, Gene Pastor (AZ) Bachus Griffith (VA) Petri Mr. SCOTT of Virginia. Mr. Speaker, Baca Grijalva Payne Barletta Grimm Pitts I demand a recorded vote. Baldwin Gutierrez Pelosi Bartlett Guinta Platts A recorded vote was ordered. Bass (CA) Hahn Perlmutter Barton (TX) Guthrie Poe (TX) Becerra Hanabusa Peters Bass (NH) Hall The SPEAKER pro tempore. This is a Pompeo Berkley Hastings (FL) Pingree (ME) Benishek Hanna Posey 5-minute vote. Berman Heinrich Polis Berg Harper Price (GA) The vote was taken by electronic de- Bishop (GA) Higgins Price (NC) Biggert Harris Quayle Bishop (NY) Himes Quigley Bilbray Hartzler Reed vice, and there were—ayes 241, noes 184, Blumenauer Hinojosa Rahall Bilirakis Hastings (WA) Rehberg not voting 8, as follows: Boswell Hirono Rangel Bishop (UT) Hayworth Reichert Brady (PA) Hochul [Roll No. 901] Reyes Black Heck Renacci Braley (IA) Holden Blackburn Hensarling Ribble AYES—241 Brown (FL) Holt Richardson Richmond Bonner Herger Rigell Adams Fincher Lankford Butterfield Honda Ross (AR) Bono Mack Herrera Beutler Rivera Aderholt Fitzpatrick Latham Capps Hoyer Rothman (NJ) Boustany Huelskamp Roby Akin Flake LaTourette Capuano Inslee Roybal-Allard Brady (TX) Huizenga (MI) Roe (TN) Alexander Fleischmann Latta Cardoza Israel Brooks Hultgren Rogers (AL) Amash Fleming Lewis (CA) Carnahan Jackson (IL) Ruppersberger Broun (GA) Hunter Rogers (KY) Amodei Flores LoBiondo Carney Jackson Lee Rush Buchanan Hurt Rogers (MI) Austria Forbes Long Carson (IN) (TX) Ryan (OH) Bucshon Issa Rohrabacher Bachus Fortenberry Lucas Chandler Johnson (GA) Sa´ nchez, Linda Buerkle Jenkins Rokita Barletta Foxx Luetkemeyer Chu Johnson, E. B. T. Burgess Johnson (IL) Rooney Barrow Franks (AZ) Lummis Cicilline Kaptur Sanchez, Loretta Burton (IN) Johnson (OH) Ros-Lehtinen Bartlett Frelinghuysen Lungren, Daniel Clarke (MI) Keating Sarbanes Calvert Johnson, Sam Roskam Barton (TX) Gallegly E. Clarke (NY) Kildee Schakowsky Camp Jordan Ross (FL) Bass (NH) Gardner Mack Clay Kind Schiff Campbell Kelly Royce Benishek Garrett Manzullo Cleaver Kissell Schrader Canseco King (IA) Runyan Berg Gerlach Marchant Clyburn Kucinich Schwartz Cantor King (NY) Ryan (WI) Biggert Gibbs Marino Cohen Langevin Scott (VA) Capito Kingston Scalise Bilbray Gibson McCarthy (CA) Connolly (VA) Larsen (WA) Scott, David Carter Kinzinger (IL) Schilling Bilirakis Gingrey (GA) McCaul Conyers Larson (CT) Serrano Cassidy Kline Schmidt Bishop (UT) Gohmert McClintock Cooper Lee (CA) Sewell Chabot Labrador Schock Black Goodlatte McCotter Costa Levin Sherman Chaffetz Lamborn Schweikert Blackburn Gosar McHenry Costello Lewis (GA) Shuler Coble Lance Scott (SC) Bonner Gowdy McIntyre Courtney Lipinski Sires Coffman (CO) Landry Scott, Austin Bono Mack Granger McKeon Critz Loebsack Slaughter Cole Lankford Sensenbrenner Boren Graves (GA) McKinley Crowley Lofgren, Zoe Smith (WA) Conaway Latham Sessions Cuellar Lowey Boustany Graves (MO) McMorris Speier Cravaack LaTourette Shimkus Cummings Luja´ n Brady (TX) Griffin (AR) Rodgers Stark Crawford Latta Shuster Davis (CA) Lynch Brooks Griffith (VA) Meehan Sutton Crenshaw Lewis (CA) Simpson Davis (IL) Maloney Broun (GA) Grimm Mica Thompson (CA) Culberson LoBiondo Smith (NE) DeFazio Markey Buchanan Guinta Miller (FL) Thompson (MS) Davis (KY) Long Smith (NJ) DeGette Matheson Bucshon Guthrie Miller (MI) Tierney Denham Lucas Smith (TX) Buerkle Hall Miller, Gary DeLauro Matsui Dent Luetkemeyer Southerland Deutch McCarthy (NY) Tonko Burgess Hanna Mulvaney Towns DesJarlais Lummis Stearns Burton (IN) Harper Dicks McCollum Murphy (PA) Tsongas Dold Lungren, Daniel Stivers Calvert Harris Neugebauer Dingell McDermott Van Hollen Dreier E. Stutzman Camp Hartzler Noem Doggett McGovern Vela´ zquez Duffy Mack Sullivan Campbell Hastings (WA) Nugent Donnelly (IN) McNerney Visclosky Duncan (SC) Manzullo Terry Canseco Hayworth Nunes Doyle Meeks Walz (MN) Ellmers Marchant Thompson (PA) Cantor Heck Nunnelee Edwards Michaud Wasserman Emerson Marino Thornberry Capito Hensarling Olson Ellison Miller (NC) Schultz Farenthold McCarthy (CA) Tiberi Carter Herger Palazzo Engel Miller, George Fincher McCaul Tipton Cassidy Herrera Beutler Paul Eshoo Moore Waters Fitzpatrick McClintock Turner (NY) Chabot Huelskamp Paulsen Farr Moran Watt Flake McCotter Turner (OH) Chaffetz Huizenga (MI) Pearce Fattah Murphy (CT) Waxman Fleischmann McHenry Upton Coble Hultgren Pence Filner Napolitano Welch Fleming McKeon Walberg Coffman (CO) Hunter Peterson Frank (MA) Neal Wilson (FL) Flores McKinley Walden Cole Hurt Petri Fudge Olver Woolsey Forbes McMorris Walsh (IL) Conaway Issa Pitts Garamendi Owens Yarmuth Fortenberry Rodgers Webster Cravaack Jenkins Platts Foxx Meehan West Crawford Johnson (IL) Poe (TX) NOT VOTING—8 Franks (AZ) Mica Westmoreland Crenshaw Johnson (OH) Pompeo Bachmann Giffords Nadler Frelinghuysen Miller (FL) Whitfield Culberson Johnson, Sam Posey Gallegly Miller (MI) Wilson (SC) Castor (FL) Hinchey Young (FL) Davis (KY) Jones Price (GA) Diaz-Balart Myrick Gardner Miller, Gary Wittman Denham Jordan Quayle Garrett Mulvaney Wolf Dent Kelly Reed Gerlach Murphy (PA) Womack DesJarlais King (IA) Rehberg b 1730 Gibbs Neugebauer Woodall Dold King (NY) Reichert Gibson Noem Yoder Dreier Kingston Renacci So the bill was passed. Gingrey (GA) Nugent Young (AK) Duffy Kinzinger (IL) Ribble Gohmert Nunes Young (IN) Duncan (SC) Kline Rigell The result of the vote was announced Duncan (TN) Labrador Rivera as above recorded. NOT VOTING—15 Ellmers Lamborn Roby Bachmann Castor (FL) Cleaver Emerson Lance Roe (TN) A motion to reconsider was laid on Bass (CA) Clarke (NY) Conyers Farenthold Landry Rogers (AL) the table.

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.039 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8238 CONGRESSIONAL RECORD — HOUSE December 7, 2011 REPORT ON RESOLUTION PRO- (H.R. 1254) to amend the Controlled ‘‘(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole VIDING FOR CONSIDERATION OF Substances Act to place synthetic (JWH-203).’’. H.R. 1633, FARM DUST REGULA- drugs in Schedule I, as amended. (b) OTHER DRUGS.—Schedule I of section TION PREVENTION ACT OF 2011 The Clerk read the title of the bill. 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended in subsection (c) by Mr. WEBSTER, from the Committee The text of the bill is as follows: adding at the end the following: on Rules, submitted a privileged report H.R. 1254 ‘‘(18) 4-methylmethcathinone (Mephedrone). (Rept. No. 112–317) on the resolution (H. Be it enacted by the Senate and House of Rep- ‘‘(19) 3,4-methylenedioxypyrovalerone Res. 487) providing for consideration of resentatives of the United States of America in (MDPV). the bill (H.R. 1633) to establish a tem- Congress assembled, ‘‘(20) 3,4-methylenedioxymethcathinone porary prohibition against revising any SECTION 1. SHORT TITLE. (methylone). ‘‘(21) Naphthylpyrovalerone (naphyrone). national ambient air quality standard This Act may be cited as the ‘‘Synthetic Drug Control Act of 2011’’. ‘‘(22) 4-fluoromethcathinone (flephedrone). applicable to coarse particulate mat- SEC. 2. ADDITION OF SYNTHETIC DRUGS TO ‘‘(23) 4-methoxymethcathinone (methedrone; ter, to limit Federal regulation of nui- SCHEDULE I OF THE CONTROLLED Bk-PMMA). sance dust in areas in which such dust SUBSTANCES ACT. ‘‘(24) Ethcathinone (N-Ethylcathinone). is regulated under State, tribal, or (a) CANNABIMIMETIC AGENTS.—Schedule I, as ‘‘(25) 3,4-methylenedioxyethcathinone local law, and for other purposes, set forth in section 202(c) of the Controlled Sub- (ethylone). which was referred to the House Cal- stances Act (21 U.S.C. 812(c)) is amended by ‘‘(26) Beta-keto-N-methyl-3,4- endar and ordered to be printed. adding at the end the following: benzodioxyolybutanamine (butylone). ‘‘(d)(1) Unless specifically exempted or unless ‘‘(27) N,N-dimethylcathinone f listed in another schedule, any material, com- (metamfepramone). HOUR OF MEETING ON TOMORROW pound, mixture, or preparation which contains ‘‘(28) Alpha-pyrrolidinopropiophenone any quantity of cannabimimetic agents, or (alpha-PPP). Mr. WEBSTER. Mr. Speaker, I ask which contains their salts, isomers, and salts of ‘‘(29) 4-methoxy-alpha- unanimous consent that when the isomers whenever the existence of such salts, pyrrolidinopropiophenone (MOPPP). House adjourns today, it adjourn to isomers, and salts of isomers is possible within ‘‘(30) 3,4-methylenedioxy-alpha- meet at 9 a.m. tomorrow. the specific chemical designation. pyrrolidinopropiophenone (MDPPP). The SPEAKER pro tempore. Is there ‘‘(2) In paragraph (1): ‘‘(31) Alpha-pyrrolidinovalerophenone (alpha- objection to the request of the gen- ‘‘(A) The term ‘cannabimimetic agents’ means PVP). tleman from Florida? any substance that is a cannabinoid receptor ‘‘(32) 6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol- There was no objection. type 1 (CB1 receptor) agonist as demonstrated 6-amine) (MDAI). by binding studies and functional assays within ‘‘(33) 3-fluoromethcathinone. f any of the following structural classes: ‘‘(34) 4’-Methyl-α-pyrrolidinobutiophenone ELECTING A MEMBER TO A CER- ‘‘(i) 2-(3-hydroxycyclohexyl)phenol with sub- (MPBP).’’. stitution at the 5-position of the phenolic ring TAIN STANDING COMMITTEE OF SEC. 3. TEMPORARY SCHEDULING TO AVOID IM- by alkyl or alkenyl, whether or not substituted MINENT HAZARDS TO PUBLIC SAFE- THE HOUSE OF REPRESENTA- on the cyclohexyl ring to any extent. TY EXPANSION. TIVES ‘‘(ii) 3-(1-naphthoyl)indole or 3-(1- Section 201(h)(2) of the Controlled Substances Mr. BECERRA. Mr. Speaker, by di- naphthylmethane)indole by substitution at the Act (21 U.S.C. 811(h)(2)) is amended— rection of the Democratic Caucus, I nitrogen atom of the indole ring, whether or not (1) by striking ‘‘one year’’ and inserting ‘‘2 offer a privileged resolution and ask further substituted on the indole ring to any ex- years’’; and tent, whether or not substituted on the naph- for its immediate consideration. (2) by striking ‘‘six months’’ and inserting ‘‘1 thoyl or naphthyl ring to any extent. year’’. The Clerk read the resolution, as fol- ‘‘(iii) 3-(1-naphthoyl)pyrrole by substitution The SPEAKER pro tempore. Pursu- lows: at the nitrogen atom of the pyrrole ring, wheth- H. RES. 486 er or not further substituted in the pyrrole ring ant to the rule, the gentleman from Resolved, That the following named Mem- to any extent, whether or not substituted on the Pennsylvania (Mr. PITTS) and the gen- ber be and is hereby elected to the following naphthoyl ring to any extent. tleman from New Jersey (Mr. PALLONE) standing committee of the House of Rep- ‘‘(iv) 1-(1-naphthylmethylene)indene by sub- each will control 20 minutes. resentatives: stitution of the 3-position of the indene ring, The Chair recognizes the gentleman COMMITTEE ON THE JUDICIARY.—Mr. Polis. whether or not further substituted in the indene from Pennsylvania. ring to any extent, whether or not substituted Mr. BECERRA (during the reading). GENERAL LEAVE on the naphthyl ring to any extent. Mr. Speaker, I ask unanimous consent ‘‘(v) 3-phenylacetylindole or 3-benzoylindole Mr. PITTS. Mr. Speaker, I ask unani- that the resolution be considered as by substitution at the nitrogen atom of the mous consent that all Members may read and printed in the RECORD. indole ring, whether or not further substituted have 5 legislative days in which to re- The SPEAKER pro tempore (Mr. in the indole ring to any extent, whether or not vise and extend their remarks and in- RENACCI). Is there objection to the re- substituted on the phenyl ring to any extent. sert extraneous materials in the quest of the gentleman from Cali- ‘‘(B) Such term includes— ‘‘(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3- RECORD. fornia? The SPEAKER pro tempore. Is there There was no objection. hydroxycyclohexyl]-phenol (CP-47,497); ‘‘(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3- objection to the request of the gen- The resolution was agreed to. tleman from Pennsylvania? A motion to reconsider was laid on hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog); There was no objection. the table. ‘‘(iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 Mr. PITTS. Mr. Speaker, I yield my- f and AM678); self such time as I may consume. ‘‘(iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073); ANNOUNCEMENT BY THE SPEAKER ‘‘(v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019); H.R. 1254 was introduced by my PRO TEMPORE ‘‘(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1-naph- friend and colleague from Pennsyl- The SPEAKER pro tempore. Pursu- thoyl)indole (JWH-200); vania, Representative CHARLIE DENT, ant to clause 8 of rule XX, the Chair ‘‘(vii) 1-pentyl-3-(2- in response to a frightening trend of will postpone further proceedings methoxyphenylacetyl)indole (JWH-250); synthetic drug use in our communities. ‘‘(viii) 1-pentyl-3-[1-(4- today on the motion to suspend the These synthetic drug substitutes, made methoxynaphthoyl)]indole (JWH-081); from chemical compounds that are sold rules on which a recorded vote or the ‘‘(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole yeas and nays are ordered, or on which (JWH-122); legally in most States, mimic the hal- the vote incurs objection under clause ‘‘(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole lucinogenic and stimulant properties of 6 of rule XX. (JWH-398); drugs like marijuana, cocaine, and Any record vote on the postponed ‘‘(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole methamphetamines. While these syn- question will be taken later. (AM2201); thetic drugs are just as dangerous as ‘‘(xii) 1-(5-fluoropentyl)-3-(2- f their traditional counterparts, they are iodobenzoyl)indole (AM694); not illegal. ‘‘(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole SYNTHETIC DRUG CONTROL ACT Many families and young people in OF 2011 (SR-19 and RCS-4); ‘‘(xiv) 1-cyclohexylethyl-3-(2- our communities do not realize the de- Mr. PITTS. Mr. Speaker, I move to methoxyphenylacetyl)indole (SR-18 and RCS-8); structiveness of these synthetic drugs suspend the rules and pass the bill and because of their legal status and their

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.106 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8239 wide availability and often harmless- tion by a woman, a mother in my dis- as to the safety of those around them sounding names such as ‘‘Bath Salts’’ trict whose son had been abusing legal when these drugs contribute to dan- and ‘‘Plant Food,’’ both cocaine sub- substitutes for marijuana. These syn- gerous, psychotic behavior, suicide, stitutes. thetic cannabinoids, as they’re referred and public endangerment. H.R. 1254 would, first, ban synthetic to, or synthetic marijuana, affect the The fact that these drugs are legal in drugs that imitate marijuana, cocaine, brain in a manner similar to mari- many States contributes to the mis- and methamphetamines; and, second, juana, but can actually be even much conception that they are safe. And the allow the Drug Enforcement Adminis- more harmful. use of easily recognizable brand names tration to temporarily schedule a new Synthetic marijuana, or and logos on the packaging promotes substance for up to 3 years. Currently, cannabinoids, are just one category of the concept of a consistent product. DEA can only temporarily schedule a designer drugs. Even more potent sub- Significant variations of potency substance for up to 18 months. stances have properties similar to co- from one unit to the next have led re- I would like to thank Congressman caine, methamphetamine, LSD, and current users to inadvertently over- DENT for working with the DEA on this other hard street drugs. These sub- dose. One of the major difficulties in important issue, and I would urge my stances are marketed as innocent prod- combating these designer drugs is the ability of the producers to skirt the colleagues to support this common- ucts like bath salts, plant food, in- law with different chemical variations. sense and bipartisanly supported legis- cense, and they’re sold under brand By modifying the formula in some lation. names familiar to their users, such as minor way, producers can generate a I reserve the balance of my time. K2 Spice, Vanilla Sky, or Ivory Wave. Mr. PALLONE. Mr. Speaker, I yield new compound which circumvents legal However, these are total misnomers de- myself such time as I may consume. prohibitions but has similar narcotic signed to facilitate their legal sale. I am pleased to support H.R. 1254, the events. DEA needs enhanced authority These drugs have no legitimate pur- Synthetic Drug Control Act. This bill to temporarily schedule new variations enjoys bipartisan support and is aimed pose, period. when they hit the market, and they H.R. 1254, the Synthetic Drug Control to eliminate commercial availability of usually hit Europe first, and then they harmful synthetic narcotics. Under Act, drafted in consultation with Fed- enter the United States. this proposal, hallucinogenic drugs eral law enforcement, has three prin- A growing number of States, includ- would no longer be able to hide behind cipal components: ing Pennsylvania, have enacted bans misleading aliases. First, a prohibition of broad struc- on many forms of synthetic drugs, but During committee consideration, I tural classes of synthetic marijuana or Federal action is necessary to prevent was quite alarmed to hear some of the the cannabinoids; these drugs from being obtained by stories shared by the bill’s sponsor, Two, a prohibition of synthetic stim- simply crossing State lines or, increas- Representative CHARLIE DENT, as well ulants and other designer drugs, such ingly, ordering them over the Internet. as other Members. Around the country, as bath salts, mephedrone, MDPV, C2E, I believe over 30 States have passed constituents have been able to utilize et cetera, several of those; bans, if my memory serves me cor- synthetic products to the detriment of Third, an expansion of the DEA’s ex- rectly. State-by-State differences in their mental and physical health and, isting authority to temporarily ban a which individual substances are con- in some cases, costing them their lives. new substance from 11⁄2 to 3 years. trolled and how strongly makes for a Unfortunately, these imitation drugs Under current law, if the DEA and De- confusing legal patchwork, and Federal are not illegal, and there is a critical partment of Health and Human Serv- legislation certainly will facilitate en- need to strengthen the Federal Govern- ices can prove that a substance is, one, forcement. ment’s ability to keep these harmful dangerous and, two, lacking legitimate The U.S. Department of Justice an- and dangerous drugs off the street. The value while it is temporarily banned, nounced its support of H.R. 1254 as Synthetic Drug Control Act adds spe- the prohibition will become perma- amended by the House Judiciary Com- cific synthetic versions of drugs of nent. mittee in a letter dated September 30, abuse to Schedule I of the Controlled Over the past year there’s been a 2011, and I would submit that for the Substances Act. These designer drugs sharp increase in the number of new re- RECORD. mimic some of the effects of drugs such ports detailing horrific stories of indi- I also want to point out, too, that the as marijuana and can be very unsafe, viduals high on synthetic drugs. A man American College of Emergency Physi- causing convulsions, anxiety attacks, in Scranton, Pennsylvania, stabbed a cians, which notes the devastating and dangerously elevated heart rates, priest, and another jumped out a three- physical and psychotic effects of these among other conditions. story window, both high on bath salts. drugs, has also endorsed this bill, and I Under current authority, the Drug Several deaths from West Virginia to think that’s quite significant as well. Enforcement Agency has difficulty Florida to Pennsylvania to Iowa have Finally, go to a hospital like Chil- taking action against these drugs be- been attributed to abuse of synthetic dren’s Hospital of Philadelphia—they’ll cause they’ve been designed to fall out- drugs. tell you they get a case every day with side existing statutory descriptions of Senator CHUCK GRASSLEY of Iowa has individuals who are suffering from Schedule I drugs. H.R. 1254 will enable introduced a companion bill with pro- these particular drugs. A year ago at the Drug Enforcement Agency to take visions very similar to H.R. 1254, this time, they probably got no calls. appropriate enforcement actions to get named after one of his young constitu- And now every day, and that’s not just them off the street and away from our ents who tragically took his own life typical in Philadelphia but throughout Nation’s youth. while high on synthetic marijuana. the country. I urge my colleagues to support this legislation. Mr. Speaker, I urge my colleagues to b 1740 vote in support of this legislation, and You will also hear some folks here I hope the way we work together on it A man in my district was arrested today who might actually argue that can prove a model for our efforts on fu- this past May for firing a gun out of his medical research will somehow be im- ture legislation. window in a university neighborhood. peded. Nothing could be further from I reserve the balance of my time, Mr. Police charges indicate that he in- the truth. This legislation does not in Speaker. jected himself with bath salts, and he any way impede medical research. I Mr. PITTS. I yield 5 minutes to the later told police he thought there were would be happy to get into that at prime sponsor of the legislation, the people on the roof watching him. some point. gentleman from Pennsylvania (Mr. Finally, I was approached by another U.S. DEPARTMENT OF JUSTICE, DENT). distraught mother from my district OFFICE OF LEGISLATIVE AFFAIRS, Mr. DENT. I certainly appreciate the whose son was hospitalized for over 2 Washington, DC, September 30, 2011. Hon. F. JAMES SENSENBRENNER, Jr., support of Mr. PITTS and Mr. PALLONE weeks after suffering liver failure and other complications after injecting Subcommittee on Crime, Terrorism, and Home- for their leadership on this issue. It’s land Security, Committee on the Judiciary, deeply appreciated. himself with bath salts. These sub- House of Representatives, Washington, DC. This issue of synthetic or designer stances pose a substantial risk, both to DEAR MR. CHAIRMAN. This letter provides drugs was first brought to my atten- the physical health of the user as well the Department of Justice’s views on H.R.

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.109 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8240 CONGRESSIONAL RECORD — HOUSE December 7, 2011 1254, as amended by the Committee on En- come violent when under the influence of ‘‘cannabimimetic agents.’’ In order for a sub- ergy and Commerce, titled the ‘‘Synthetic these substances, and abusers who operate stance to be a cannabimimetic agent, the Drug Control Act of 2011.’’ The bill would motor vehicles after using synthetic drugs substance must: (1) bind to the CB1 receptor; amend the Controlled Substances Act (CSA) likely present similar dangers as those under and (2) meet any of the definitions for those to address the growing use and misuse of the influence of controlled substances. structural classes. If both criteria are met, synthetic drugs by placing a number of sub- With the exception of the five substances that substance will be a schedule I stances in schedule I and by extending the recently controlled by the Drug Enforcement cannabimimetic agent controlled substance. length of time that a drug may be tempo- Administration (DEA) pursuant to its tem- To address emerging synthetic stimulant rarily placed in schedule I. porary scheduling authority, the listed syn- abuse, H.R. 1254 names 17 unique substances We support the bill as drafted, but believe thetic cannabinoids and synthetic stimu- that would be placed in schedule I. These it can be strengthened with the addition of lants are not currently in any schedule substances have either been encountered by the ‘‘2C family’’ of drugs listed in an appen- under the CSA. law enforcement here in the United States or dix to this letter and in S. 839. The Depart- EFFORTS TO CONTROL SYNTHETIC DRUGS are most likely to be encountered by law en- forcement in the United States based on ment also supports the goals of S. 605, Dan- Congress created an interagency process their use and misuse in Europe, which is gerous Synthetic Drug Control Act of 2011 or for placing new and emerging drugs into one the ‘‘David Mitchell Rozga Act’’; S. 839, Com- likely where the use and misuse originated. of five schedules of the CSA (21 U.S.C. 811 et Finally, the bill seeks to double the bating Designer Drugs Act of 2011; and S. 409, seq.). One such mechanism, temporary sched- Combating Dangerous Synthetic Stimulants amount of time allowed for the Department uling (21 U.S.C. 811(h)), was specifically de- to temporarily schedule new and emerging Act of 2011. H.R. 1254 already contains many signed to enable the Department to act in an provisions included in S. 605 and S. 409, and drugs by amending 21 U.S.C. 811(h). In this expeditious manner if such action is nec- regard, the bill seeks to enhance the tools we urge that the bill be expanded to include essary to avoid an imminent hazard to the the provisions of S. 839. available to the Department to combat the public safety. In response to the growing abuse of new drugs that will appear in the fu- THE THREAT OF SYNTHETIC DRUGS threat posed by known synthetic ture. In recent years, a growing number of dan- cannabinoids, on March 1, 2011, the DEA tem- For these reasons, the Justice Department gerous products have been introduced into porarily placed the following five synthetic supports H.R. 1254 and recommends that the the U.S. marketplace. Products labeled as cannabinoids in schedule I: JWH–018, JWH– Committee consider strengthening it in the ‘‘herbal incense’’ have become increasingly 073, JWH–200, CP–47, 497, and CP–47, 497 C8 ways we have proposed. popular, especially among teens and young homologue. Thank you for the opportunity to present adults. These products consist of plant mate- The DEA is currently gathering scientific our views. The Office of Management and rials laced with synthetic cannabinoids data and other information about synthetic Budget has advised us that from the perspec- which, when smoked, mimic the deleterious cathinones as well as evaluating their tive of the Administration’s program, there effects of delta-9- tetrahydrocannabinols psychoactive effects to support administra- is no objection to the submission of this let- (THC), the principal psychoactive con- tive action to schedule these substances ter. stituent in marijuana. To underscore the under the CSA. To temporarily schedule Sincerely, scope and breadth of the synthetic these stimulants, the DEA must find that RONALD WEICH, cannabinoid problem, a recent report pre- placement in schedule I is necessary to avoid Assistant Attorney General. pared by the United Nations Office on Drugs an imminent hazard to the public safety, a APPENDIX and Crime (UNODC) notes that more than 100 finding that requires the DEA to consider Additional Synthetic Drugs for Inclusion such substances have been synthesized and the following three factors: history and cur- in section 202(c) of the Controlled Substances identified to date.’’ rent pattern of abuse; the scope, duration, Act (21 U.S.C. 812(c)): There is also growing evidence dem- and significance of abuse; and what, if any, Redline of H.R. 1254, as amended by Energy onstrating the abuse of a number of sub- risk there is to the public health, including and Commerce on July 28, 2011— stances labeled as ‘‘bath salts’’ or ‘‘plant actual abuse; diversion from legitimate ‘‘(35) 2-(2,5-Dimethoxy-4-ethylphenyl) foods’’ which, when ingested, snorted, channels; and clandestine importation, man- ethanamine(2C-E). smoked, inhaled, or injected, produce stimu- ufacture, or distribution. Once data have (36) 2-(2,5-Dimethoxy-4-methylphenyl) lant and other psychoactive effects. These been gathered to meet the statutory criteria ethanamine (2C-D). synthetic stimulants are based on a variety to temporarily schedule these cathinones, (37) 2-(4-Chloro-2,5-dimethoxyphenyl) of compounds and are purported to be alter- the Department will initiate an action to ethanamine (2C-C). natives to the controlled substances cocaine, temporarily place them into schedule 1. In (38) 2-(4-lodo-2,5-dimethoxyphenyl) amphetamine, and Ecstasy (MDMA). These fact, on September 8, 2011, the DEA pub- ethanamine (2C-I). (39) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl] drugs have been distributed and abused in lished a notice of intent in the Federal Reg- ethanamine (2C-T-2). Europe for several years and have since ap- ister (21 FR 55616) to temporarily place mephedrone, methylone and MDPV in sched- (40)2-[4-(lsopropylthio)-2,5- peared here in the United States. According dimethoxyphenyl to a recent National Drug Intelligence Cen- ule I. Unfortunately, however, the distribution -[ethanamine (2C-T-4). ter report, poison control centers and med- (41) 2-(2,5-Dimethoxyphenyl)ethanamine ical professionals around the country have and abuse of synthetic drugs cannot be fully addressed by temporary scheduling because (2C-H). reported an increase in the number of indi- (42) 2-(2,5-Dimethoxy-4-nitro-phenyl) as law enforcement investigates, researches, viduals suffering adverse physical effects as- ethanamine (2C-N). sociated with abuse of these drugs. and develops evidence to support such ac- (43) 2-(2.5-Dimethoxy-4-(n)-propylphenyl) There are other newly developed drugs tion, illicit drug makers create new syn- ethanamine (2C-P).’’ that also pose a significant threat to the thetic drugs for the purpose of evading fed- eral law. Scheduling via legislation is an ad- Mr. PALLONE. Mr. Speaker, I yield 1 public. This includes the ‘‘2C family’’ of minute to the gentleman from Maine drugs (dimethoxyphenethylamines), which ditional tool to promote public health and are generally referred to as synthetic psy- safety. (Mr. MICHAUD). chedelic/hallucinogens. Recently, a 19-year- PURPOSE OF LEGISLATION Mr. MICHAUD. I thank the gen- old male in Minnesota died of cardiac arrest Placing synthetic carnnabinoid and syn- tleman for yielding. after allegedly ingesting 2C–E, one of the thetic stimulant substances in schedule I Mr. Speaker, I rise today as a cospon- substances within this class of drugs. We would expose those who manufacture, dis- sor and a strong supporter of this bill. note that the 2C substances listed in the at- tribute, possess, import, and export syn- The spread of synthetic drugs like bath tached Appendix are included in the list of thetic drugs without proper authority to the salts has quickly reached crisis levels substances covered by S. 839. The Depart- full spectrum of criminal, civil, and adminis- in many communities throughout our ment supports the addition of the 2C family trative penalties, sanctions, and regulatory country. This year in Maine, the Ban- of substances listed in the Appendix to H.R. controls. Unless authorized by the DEA, the gor Police Department has responded 1254. manufacture and distribution of these sub- Products containing synthetic drugs are stances, and possession with intent to manu- to hundreds of bath salts-related inci- dangerous and represent a growing challenge facture or distribute them, would be a viola- dents. to law enforcement. Apart from the wide tion of the CSA and/or the Controlled Sub- In October, I organized a meeting of array of harmful or even lethal side effects of stances Import and Export Act. local, county, State, and Federal law many of the listed substances, neither the H.R. 1254, as well as S. 409, would amend enforcement officials to discuss the products nor their active ingredients have the CSA by expanding the list of substances spread of bath salts in our State. The been approved by the Food and Drug Admin- in schedule I of the CSA (21 U.S.C. 812(c)). To message they shared with me was istration for use in medical treatment, and address synthetic cannabinoid abuse, the bill clear, and the message they shared manufacturers and retailers of the products names 15 unique substances that would be containing these substances do not disclose placed in schedule I; this list includes those with the ONDCP Deputy Director Ben that there are synthetic drugs in their prod- temporarily scheduled by the DEA. Addition- Tucker was also clear: We need to give ucts. Synthetic drug abusers may endanger ally, the bill creates five structural classes our law enforcement officers more not only themselves but others: some be- of substances collectively referred to as tools to combat this epidemic.

VerDate Mar 15 2010 04:10 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.074 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8241 While Maine has banned bath salts, a Mr. Speaker, this bill will place over or other types of drugs. These prod- national law will build upon that good 40 chemical compounds on Schedule I ucts, known as K2, Pure Evil, Cloud work and help make this a bigger im- of the Controlled Substances Act at a Nine, and other names, can often be pact all across the country. So I urge time when only eight of these sub- bought legally at convenience stores or my colleagues to support the Synthetic stances can even be found in the United at so-called ‘‘head shops’’ where Drug Act. States. And it does so in a way that they’re passed off as incense or bath Mr. PITTS. Mr. Speaker, I yield 2 circumvents the normal process, that salts. In reality, the users of these sub- minutes to the gentlelady from Flor- skirts scheduling substances, and does stances can experience unexpected anx- ida, Congresswoman SANDY ADAMS, so without any scientific or medical re- iety attacks, extreme paranoia, hallu- who was formerly in law enforcement. search or evidence to support it. cinations, and thoughts of suicide; and Mrs. ADAMS. Thank you, Congress- Congress has a process for placing the users are at serious risk of harming man PITTS. substances on drug schedules. The themselves. Mr. Speaker, in October 2010, a 31- Criminal Code sets forth a process that Our experience with this issue in the year-old Texas man hanged himself in the Attorney General and the Sec- State of Iowa illustrates why a Federal the bedroom. At the top of his suicide retary of Health and Human Services ban on these dangerous substances is note the man wrote, ‘‘Thanks, bath must engage in to determine the pro- so important. A year and a half ago salts.’’ priety of scheduling substances. The yesterday, 18-year-old David Rozga, January 2011 in Panama City, Flor- Secretary must conduct a scientific from Indianola, Iowa, shot himself ida, a daughter tried to attack her and medical evaluation and provide after taking K2. In response to the sleeping mother with a machete before recommendations about whether the tragedy, David’s parents, Mike and fleeing the scene. Police said she had substances being analyzed need to be Jan, have led a campaign to outlaw spent several days taking drug-altered controlled. And this needs to be a sci- synthetic drugs like K2. They testified bath salts. June, 2011, a 38-year-old Army ser- entific study, not a compilation of before Congress about the dangers of geant murdered his wife and killed anecdotes. the drug and enlisted the help of their himself following a police chase. Both In this there is a mechanism for ad- elected Representatives in cracking had chemically altered bath salts in dressing emergencies. In the case down on the sale and abuse of these their systems. Later in the day, the where the Attorney General on his own substances. couple’s 5-year-old son was found dead determines that there is an emergency, My colleagues, we must act on this with a plastic bag over his head and the Code provides that substances may issue to protect our kids. And the time bruises on his body. be placed on Schedule I for up to 11⁄2 is now. The threat posed by synthetic Horrific cases just like these have years while the evidence is being devel- drugs is dangerous, and it’s growing. In been documented across the country. oped to permanently schedule them. the past 2 weeks alone, there have been These incidents led many States, in- Moreover, the Judiciary Committee several cases where teens have been in- cluding my home State of Florida, to during our consideration received nu- jured or hospitalized after taking syn- outlaw these often dangerous and dead- merous statements from pharma- thetic drugs. In Polk County, three ly substances. ceutical and medical researchers im- teens were involved in a high-speed Earlier this year, I introduced legis- ploring us not to hamper their ability crash after smoking one of these sub- lation to add MDPV and mephedrone, to determine possible medical uses of stances. In central Iowa, a teenage boy chemicals added to bath salts to induce these substances by placing them on was hospitalized after taking synthetic a drug high, to Schedule I of the Con- Schedule I, which makes it illegal to drugs. He became violently ill—having trolled Substances Act. These sub- possess these substances without a per- seizures, vomiting, and hallucinations. stances are not marketed for human mit even for research purposes. I really want to thank the Rozga consumption. This includes promising research on family for their selfless willingness to It also is why I have joined Rep- the cure for Parkinson’s disease that relive the tragedy they’ve experienced, resentative CHARLIE DENT in his work would be compromised by this bill. and I want to thank them for their ef- to bring H.R. 1254, which includes a bill Now, even with a permit, the restric- forts to prevent other families from ex- I introduced in April, to the floor tions placed on researchers once they periencing the same heartbreak. This today. You have heard no research can are placed on Schedule I are unduly on- legislation and other efforts to address be conducted if this passes, but those erous. So there are legal uses of these this threat to our children would sim- claims are false. It can be conducted. substances. ply not have occurred without the Research is being done and will con- Mr. Speaker, when Congress estab- Rozgas’ courage, strength, and leader- tinue to be done on Schedule I chemi- lished a process for the Secretary and ship. cals. Just listen to the ER doctors and the Attorney General to do their due I am heartened today that Congress the poison control centers that have diligence and study the propriety of has listened to their message and is both asked for this bill, that both want placing substances on Schedule I, we’ve taking action. It is time to recognize this bill to save lives. had a very thoughtful process. And if how dangerous these substances are Too many lives have been lost and we want to establish good crime policy, and to ban their sale in the United too many violent acts have been al- we need to follow that thoughtful proc- States by clarifying their status as ready committed due to these drugs. ess. H.R. 1254 circumvents that process. Schedule I controlled substances. As a These dangerous substances are being For these reasons, I urge a ‘‘no’’ vote cosponsor of H.R. 1254, I urge my col- packaged and marketed to our children on H.R. 1254. leagues to support the passage of this by using innocuous names like Ivory I reserve the balance of my time. most important piece of legislation. Mr. SCOTT of Virginia. Mr. Speaker, Snow, Bliss, and Vanilla Sky. Today I b 1750 urge support for H.R. 1254. Let’s get the I yield 2 minutes to the gentlelady substances off the streets and out of Mr. PITTS. Mr. Speaker, I yield 4 from California (Ms. ZOE LOFGREN). the hands of our children. minutes to the gentleman from Iowa, Ms. ZOE LOFGREN of California. We Mr. PALLONE. Mr. Speaker, I yield Congressman TOM LATHAM. are all opposed to the damage that the balance of my time to the gen- Mr. LATHAM. I thank the chairman these drugs can do to the American tleman from Virginia (Mr. SCOTT), a and the ranking member for this oppor- people, but I have to express my oppo- member of the Committee on the Judi- tunity today. sition to this bill. ciary. Mr. Speaker, I rise in support of H.R. My concern about the bill is its effect The SPEAKER pro tempore. Without 1254, the Synthetic Drug Control Act. on scientific research. When a drug is objection, the gentleman from Virginia This bill addresses an alarming danger placed on Schedule I of the Controlled will control the time. to our kids that many American fami- Substances Act, it becomes difficult to There was no objection. lies may not be aware of. obtain not only for illegal purposes but Mr. SCOTT of Virginia. I thank the Many American teenagers are experi- for researchers who wish to study its gentleman for yielding, and I yield my- menting with synthetic drugs that sup- pharmaceutical and medical potential. self 21⁄2 minutes. posedly mimic the effects of marijuana While this may be justified for some

VerDate Mar 15 2010 03:30 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.111 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8242 CONGRESSIONAL RECORD — HOUSE December 7, 2011 drugs, it isn’t a restriction that should Mr. MEEHAN. I rise in support of the ‘‘shoot first and ask questions be implemented rashly. That’s because H.R. 1254 for the very practical reason later’’ approach that we have taken to it becomes very difficult for scientists that, as a prosecutor, I have seen the drug policy in this country for decades. to get permission to obtain these mol- impact of what can be done when chil- Our national drug policy should be ecules even for the scientific study dren are lured into the false promise, driven by science, not politics. We’ve that we need. into the sense that somehow, because already gotten a well-deserved reputa- For example, in the United States, it’s synthetic, it doesn’t present the tion here as a do-nothing Congress; but only 325 researchers have been able to same kind of danger as the drugs that bills like this and our attitudes to- obtain Schedule I licenses at this mo- are often believed to be the most dan- wards clean air, clean water, global cli- ment. Congress established the proce- gerous—the heroins, the cocaines. mate change, and other environmental dure for scheduling drugs, and it re- These are luring kids into a false sense issues have made this the no-respect- quires a scientific and medical evalua- of security. for-science Congress as well. tion. This bill would bypass that proc- As has been suggested, this evidence b 1800 ess rather than relying on scientific isn’t anecdotal. I have had the chance and medical experts. I’ve heard from to visit an emergency department at The DEA has already taken steps to faculty from a range of universities, one of the leading children’s hospitals temporarily place certain synthetic and they’ve shared their concerns in the Nation where we have seen a substances on Schedule I while it con- about the impact. dramatic rise in families who are being ducts a review. If there is an emer- Here is what Warren Heideman, affected because their children are gency that requires temporarily sched- Ph.D., professor of pharmaceutical coming in and are under the control of uling the other substances in this bill, sciences and associate dean for Re- these synthetic substances. For that the DEA can review them and do that search, School of Pharmacy, at the reason, the American College of Emer- just as well. University of Wisconsin-Madison gency Physicians supports this bill. But we shouldn’t circumvent the writes: Lastly, I think we have it backwards. process established in law. I don’t ‘‘The bill is an irrational, simplistic If what we’re trying to say is that think this is a responsible way to legis- response to a social problem of great somehow we’ve got to let these chil- late. I know the sponsors of this bill complexity. As such, the world will get dren be exposed while we wait with the know about the emergency review significantly less medical and tech- potential that there could be research process because the bill doubles the nical help with a low probability of done, the fact of the matter is I have length of time a bill can be put on helping anyone with a substance abuse worked with pharmaceutical compa- emergency review on a schedule from issue. The list is too broad and does se- nies and with the DEA to be able to get 18 months to 3 years; it doubles it. Yet riously restrict what would otherwise access to drugs that have been held there’s been no hearings or evidence be important and easy experiments. under control. That can be done in that 18 months was insufficient, none Paperwork problems are already a seri- working with the DEA. That’s the solu- whatsoever. It was just a knee-jerk ous campus concern.’’ way to respond to the issue du jour. The SPEAKER pro tempore. The tion. It’s not the solution to put our kids at risk. This is a very serious issue and de- time of the gentlewoman has expired. serves serious study and consideration Mr. SCOTT of Virginia. I yield the Mr. SCOTT of Virginia. Mr. Speaker, I yield 5 minutes to the gentleman before we act, as all bills before Con- gentlelady an additional minute. gress should. I fear that this bill con- Ms. ZOE LOFGREN of California. from Tennessee (Mr. COHEN). tinues the misguided policies that Here is what Dr. Neal Benowitz, M.D., Mr. COHEN. I appreciate the gen- we’ve created towards drugs in this the chief of the Division of Clinical tleman from Virginia for yielding the country. Pharmacology at the University of time. Just look at our experience with California, San Francisco, writes: I rise in opposition to this particular ‘‘While we support restrictions on the bill. It’s not that I am, indeed, in favor marijuana, which Congress placed on sale of these chemicals for purposes of of any of the particular drugs that are Schedule I in 1970. According to the cri- illicit use . . . scheduling so as to im- here; but just like Mrs. ADAMS, my col- teria of the Controlled Substances Act, pede access to precursor chemicals in league from Florida mentioned, the it supposedly has a high potential for small quantities has the potential to State of Florida has already abuse, has no currently accepted med- seriously hamper medical research. On criminalized it, as many States have, ical use in treatment in the United balance, the faculty are against this and it’s really a State issue. States, and there is a lack of accepted measure.’’ It seems interesting. When the sub- safety for use of the drug under med- John Arnold, the faculty director of ject du jour comes up, the item of the ical supervision. the Berkeley Center for Green Chem- day, there is a rush to action and a Let’s put aside for a minute the ques- istry, writes: rush to forget States’ rights. There is a tion of whether it has a potential for ‘‘This effort is well-intentioned, but desire on gun bills to overlook the abuse. Certainly there’s a lot of evi- it will cause more problems than it States and to have a Federal law on dence that it does not. But I think solves.’’ the interstate shipment of guns or on thousands of people who depend on We are all against drugs that harm the interstate transportation of guns marijuana to treat the effects of such our people; but we had no hearings in by people with permits. In this situa- diseases as AIDS, cancer, glaucoma, the Judiciary Committee on this, and I tion, drugs that should be criminalized and multiple sclerosis would take issue think the placing of these molecules on are criminalized at the State level, but with the notion that it has no medical Schedule I is evidence of that lack of all of a sudden we’re doing it more at use, and 15 or so States have legalized scholarship. These drugs need to be the Federal level. it for medical use. It increases appetite controlled, but they need to be con- This bill would place more than 40 and eases pain in a way that has helped trolled in such a way that there is no chemical compounds on Schedule I, the countless people in the last stages of harm done to the vital scientific and most punitive and restrictive schedule, life. medical research that we count on. without any independent scientific evi- But we treat our approach to drugs I join the gentleman from Virginia in dence that doing so is necessary or as a law enforcement matter, not a sci- urging a ‘‘no’’ vote on this bill in the warranted. It is a rush to legislate be- entific matter, and we’ve placed mari- hopes that we can come back with a fore we know all the facts. juana in Schedule I, the most restric- measure that accomplishes the worthy This bill essentially bans these sub- tive schedule. Meanwhile, the scientific goals without doing damage to sci- stances without any study whatsoever. community is urging that we resched- entific research, which will save so I’ve read the press reports of young ule marijuana so we can continue to many lives. people who have been harmed by these conduct important research and make Mr. PITTS. Mr. Speaker, I yield 2 substances and by others, and I’m very it available to those in need. minutes to the gentleman from Penn- sympathetic as that’s certainly wrong; Recently, the California Medical As- sylvania, a former prosecutor, Con- but we shouldn’t legislate on the basis sociation called for cannabis to be le- gressman PAT MEEHAN. of anecdotal evidence. It’s typical of galized and regulated, primarily so

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.112 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8243 that scientists can gain access to it The SPEAKER pro tempore. The gen- enough research. I think there’s infor- and conduct further research. They ad- tleman from Pennsylvania has 61⁄2 min- mation still needed. I don’t think that vocated wider clinical research with utes remaining, and the gentleman we are in a position to allow this ac- accountable and quality-controlled from Virginia has 6 minutes remaining. tion to take place, and so I join in op- production of cannabis. None of this Mr. SCOTT of Virginia. Mr. Speaker, position to passage of this legislation. can happen with the tight restrictions I tell my colleague that I am prepared Mr. PITTS. I am prepared to close; so we’ve placed on cannabis. That’s ex- to close. I continue to reserve the balance of my actly the situation we may find our- Mr. PITTS. I yield 1 minute to the time. selves in with the substances named in gentleman from Pennsylvania (Mr. Mr. SCOTT of Virginia. Mr. Speaker, this bill. MARINO), a former prosecutor. in closing, this bill circumvents the I know that licenses are available for Mr. MARINO. Thank you, Chairman. normal thoughtful process for sched- research in the Schedule I drugs, but Mr. Speaker, I recently coauthored a uling drugs. Most of the drugs in this there’s no reason to make researchers letter with my colleagues, Representa- bill can’t even be found in the United go through such hoops. It is nearly as tive SANDY ADAMS and Representative States. And to the extent there is an easy to get permission to do research TREY GOWDY, concerning this very emergency and a need to place these on on a Schedule I drug as it would be to issue, and I’d like to read just a para- a schedule, the Attorney General has go to the Vatican and ask for a grant graph: the emergency process where he can to study birth control. ‘‘As of October 4, 2011, the DEA has just put a drug on the schedule for a We don’t know what medical benefits 325 researchers conducting research year and a half. these substances may contain and we with Schedule I controlled substances. Medical researchers have asked us don’t know the true risk they pose. These researchers include research cen- not to pass the bill because it will dis- Perhaps they belong in a lower sched- ters and universities who seek to bet- turb promising research, particularly ule. And Schedule II would certainly ter understand the effects of Schedule I on Parkinson’s disease, and so they deter young people from using them controlled substances. Additionally, as have asked us not to pass this bill. and others and set a penalty stage. But of October 4, 2011, the DEA has 3,983 ac- We should follow the thoughtful we have no idea. We just decided to tive registrants who manufacture, re- process for scheduling drugs and defeat throw the book and make it Schedule I. search, and conduct chemical analysis this bill. Perhaps they shouldn’t be scheduled with Schedule I controlled substances. I yield back the balance of my time. at all. I suspect they should be sched- ‘‘In fact, many researchers who Mr. PITTS. Mr. Speaker, I yield the uled, maybe Schedule II. But the sci- would conduct research to better un- balance of my time to the prime spon- entists should decide this and not poli- derstand the compounds controlled in sor of the bill, the gentleman from ticians. We have no basis to believe H.R. 1254 are already registered with Pennsylvania (Mr. DENT). they belong in Schedule I. Haven’t we the DEA, which means there would be Mr. DENT. I do want to address a few learned from this Nation’s 40-year ex- virtually no impact on ongoing re- of the statements I heard on the floor periment with the war on drugs? search.’’ from my friends from Tennessee and Prohibition does not work. It is an Mr. Speaker, as a former prosecutor Virginia. expensive and counterproductive policy for 18 years at the State and local My friend from Tennessee made some that fills up our prisons and places a level, I have seen firsthand the disaster comments, but I want to be very clear, mark on our citizens that can make this drug causes. these drugs are dangerous, have a high jobs, housing, and education nearly im- The SPEAKER pro tempore. The potential for abuse and no accepted possible to obtain. We should focus our time of the gentleman has expired. medical use, which is why they belong efforts on educating young people Mr. PITTS. I yield the gentleman an on Schedule I. Schedules II and V are about the substances and continue to additional 30 seconds. reserved for drugs used in legitimate do research about their benefits and Mr. MARINO. I have seen firsthand medical procedures. risks. what this drug does. If it doesn’t kill So we’re talking about Schedule I Instead of basing our drug policy on our children, it makes them suicidal; it here, not Schedules II through V. Let science, we are letting it be driven by makes them incredibly violent. me be very clear on that point. politics. This bill continues that trend, And I still get calls, as a former pros- b 1810 and regrettably I must urge its defeat. ecutor, from hospitals and emergency We need to send this bill back to com- service personnel telling me the vio- Second, the FDA has stated that the mittee and take a careful, considerable lence that a child under this influence drugs listed in H.R. 1254 have no med- review so that we can have Congress causes, not only on him- or herself, but ical use, and there are no INDs—that make this decision on a scientific basis emergency personnel. Therefore, I ask is, investigational new drug applica- with help from the scientists. my colleagues to support this legisla- tions—for these substances pending The SPEAKER pro tempore. The tion. with the FDA. This is from the FDA. time of the gentleman has expired. Mr. SCOTT of Virginia. Mr. Speaker, H.R. 1254 will not prevent further re- Mr. SCOTT of Virginia. I yield the I had another speaker that arrived un- search into synthetic drugs. It’s simply gentleman 1 additional minute. expectedly. false to say that it will. Mr. COHEN. The DEA can use its Mr. PITTS. I reserve the balance of DEA has a routine, well-established emergency powers to temporarily my time. procedure in place to facilitate sci- schedule these substances while letting Mr. SCOTT of Virginia. I yield 2 min- entific study of Schedule I drugs, in- the scientific process play out. Let’s utes to the gentleman from Illinois cluding marijuana, cocaine, and heroin. put science first and politics second. (Mr. DAVIS). Currently the DEA has licensed nearly Let’s defeat this bill. Mr. DAVIS of Illinois. I want to 4,000 individuals and other entities, in- If we put science first and politics thank the gentleman from Virginia for cluding universities, manufacturers, second, maybe we won’t be in single yielding. researchers, and labs to handle Sched- figures in the public’s mind as an orga- I rise in opposition to the proposed ule I drugs for scientific and investiga- nization that they support as an insti- multistate mortgage settlement cur- tional purposes. These are facts. tution. Part of the 9 percent level is be- rently being negotiated between the I also want to point out, my friend cause we do things sometimes in a rush country’s major mortgage servicers from Virginia made some comments to judgment and politics and the issue and the State attorney generals. about I guess eight compounds having du jour rather than allowing the sci- Before we haphazardly rush into a been found in the United States. Actu- entific process and doing what is logi- settlement, we need to pause for what ally, dozens of compounds have been cally best for our Nation to prevail. I call station identification, so to found in the United States. Many bath I urge the defeat of this bill. speak. salt chemicals currently are in the Mr. PITTS. Mr. Speaker, may I in- I’m speaking on the wrong bill. United States, but only three synthetic quire how much time remains on each But I also rise in opposition to the stimulants and five synthetic side? synthetic drug bill. I think there is not cannabinoids have been emergency

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.114 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8244 CONGRESSIONAL RECORD — HOUSE December 7, 2011 scheduled by the DEA because they apply to all Schedule I drugs. Mandatory min- ANNOUNCEMENT BY THE SPEAKER have to go chemical by chemical in imum sentencing inappropriately applies a one PRO TEMPORE order to act on this matter. They have size fits all approach, eliminating the ability of The SPEAKER pro tempore. Pursu- to deal with this on a chemical-by- judges to exercise discretion in determining an ant to clause 8 of rule XX, proceedings chemical basis. appropriate sentence in light of individual cir- will resume on motions to suspend the We need Congress to give the DEA cumstances. The sentencing judge is in the rules previously postponed. authority to be more effective and get best position to determine a fair sentence, Votes will be taken in the following ahead of this problem. We know that having considered all of the evidence and hav- order: these drugs are coming into this coun- ing heard from the parties and the defendant. H.R. 944, de novo; try from Europe. That’s where they’re I also believe that the administrative process S. 535, de novo; coming from, these compounds. There for scheduling controlled substances should H.R. 2360, de novo; are some in Europe right now. Our goal be improved, so that the Attorney General, H.R. 2351, de novo; is to get out in front of this before they with the help of the Secretary of Health and H.R. 1560, de novo; have a chance to be exported into the Human Services, can make scheduling deci- S. 683, de novo; U.S. sions without resorting to help from Congress. S. Con. Res. 32, de novo. Another comment I heard about 325 I do not know whether such improvement re- f researchers, well, 325 researchers be- quires legislation or regulation. I do know, CALIFORNIA COASTAL NATIONAL cause that’s all who have applied to do however, that it is rarely a good idea for Con- MONUMENT CONSOLIDATION ACT this type of research. DEA is not in the gress to make scientific determinations such business of turning researchers away, as are required to make good scheduling deci- The SPEAKER pro tempore. The un- so I want to be clear on these points. sions. finished business is the question on There’s so much more that can be suspending the rules and passing the said on this. But again, research will Additionally, I believe it is incumbent upon DEA to reevaluate the recordkeeping and bill (H.R. 944) to eliminate an unused not be impeded in any way. There is a lighthouse reservation, provide man- mechanism, there is a process in place other regulatory requirements it imposes upon scientists who use controlled substances for agement consistency by incorporating to do research on these Schedule I the rocks and small islands along the drugs. It’s well established. This has legitimate research. The agency should en- sure that such research is not impeded or dis- coast of Orange County, California, nothing to do with the medical mari- into the California Coastal National juana debate. I heard that argued ear- couraged through unnecessarily onerous re- quirements. Monument managed by the Bureau of lier, too. We’re talking about synthetic Land Management, and meet the origi- I recognize that it is not a simple task to marijuana and synthetic cocaine. This nal Congressional intent of preserving strike the right balance, to exercise enough stuff is dangerous. And, in fact, some Orange County’s rocks and small is- control to discourage abuse but not so much would argue worse than the real stuff, lands, and for other purposes. so let’s get to it. as to discourage research that may lead to im- The Clerk read the title of the bill. This is about public safety. This is portant therapeutic advances and treatments. I The SPEAKER pro tempore. The about the health of our constituents. intend to send a letter to DEA Administrator question is on the motion offered by We know what’s going on. In fact, Michele Leonhart asking for a report on the re- the gentleman from Washington (Mr. strictions imposed upon researchers, particu- somebody pointed out to me today that HASTINGS) that the House suspend the a store in Washington, D.C., a few larly those in academia who work with rules and pass the bill. blocks from the Capitol, somebody is amounts of scheduled substances too small to The question was taken; and (two- selling this stuff. My State and over 30 pose a serious risk of diversion. I would like to thirds being in the affirmative) the other States have seen this problem. know what if any improvements can be ef- rules were suspended and the bill was They know what’s happening across fected to eliminate or modify those require- passed. this country. We need to do something ments whose costs in time and resources out- A motion to reconsider was laid on about it. DEA is alarmed by this. Jus- weigh their potential benefits in hindering re- the table. search scientists from becoming drug abusers. tice is on board. DEA is on board. Let’s f do something for the good of the Amer- I hope the Chairman of the Energy and Com- ican people. Please pass H.R. 1254, the merce Committee and others will join me on FORT PULASKI NATIONAL MONU- Synthetic Drug Control Act of 2011. It’s the letter. MENT LEASE AUTHORIZATION in the best interest of the American Finally, however, while I remain concerned ACT people, and the best interest of our about aspects of the underlying statute, the The SPEAKER pro tempore. The un- children. We’re doing the right thing. question before us is whether these sub- finished business is the question on Mr. WAXMAN. Mr. Speaker, the Synthetic stances should be controlled as would be ac- suspending the rules and passing the Drug Control Act adds specified synthetic complished through passage of this legislation. bill (S. 535) to authorize the Secretary versions of drugs of abuse to Schedule I of I believe the answer is yes, because of the of the Interior to lease certain lands the Controlled Substances Act. These de- danger to public health posed by the listed within Fort Pulaski National Monu- signer drugs generally mimic the effects of synthetic drugs. ment, and for other purposes. marijuana or of stimulants and can be unsafe, The SPEAKER pro tempore. The The Clerk read the title of the bill. causing convulsions, anxiety attacks, dan- question is on the motion offered by The SPEAKER pro tempore. The gerously elevated heart rates, and bizarre and the gentleman from Pennsylvania (Mr. question is on the motion offered by dangerous behavior, among other conditions. PITTS) that the House suspend the the gentleman from Washington (Mr. Under current authority, the Drug Enforcement rules and pass the bill, H.R. 1254, as HASTINGS) that the House suspend the Administration (DEA) has difficulty taking ac- amended. rules and pass the bill. tion against these drugs because they fall out- The question was taken. The question was taken; and (two- side existing statutory descriptions of Sched- The SPEAKER pro tempore. In the thirds being in the affirmative) the ule I drugs. H.R. 1254 will enable DEA to take opinion of the Chair, two-thirds being rules were suspended and the bill was appropriate enforcement actions to get them in the affirmative, the ayes have it. passed. off the street and away from our Nation’s A motion to reconsider was laid on Mr. PITTS. Mr. Speaker, I object to youth. I therefore believe it is critical that we the table. the vote on the ground that a quorum deal with the threat these drugs pose. f I wish to note however that I have concerns is not present and make the point of with the basic underlying statute that would order that a quorum is not present. PROVIDING FOR OUR WORKFORCE now apply to these listed substances through The SPEAKER pro tempore. Pursu- AND ENERGY RESOURCES ACT this legislation. In particular, I do not support ant to clause 8 of rule XX, further pro- The SPEAKER pro tempore. The un- the mandatory minimum sentencing provisions ceedings on this question will be post- finished business is the question on of the Controlled Substances Act for Schedule poned. suspending the rules and passing the I drugs, provisions that under this legislation The point of no quorum is considered bill (H.R. 2360) to amend the Outer Con- will apply to the listed synthetic drugs as they withdrawn. tinental Shelf Lands Act to extend the

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.116 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8245 Constitution, laws, and jurisdiction of suspending the rules and passing the not act, over 6 million people. As I the United States to installations and bill (S. 683) to provide for the convey- said, these numbers are staggering. But devices attached to the seabed of the ance of certain parcels of land to the the people behind these numbers are Outer Continental Shelf for the produc- town of Mantua, Utah. overwhelming. tion and support of production of en- The Clerk read the title of the bill. We’re here today to talk about the ergy from sources other than oil and The SPEAKER pro tempore. The numbers and also talk about the people gas, and for other purposes. question is on the motion offered by who are involved. When we’ve had The Clerk read the title of the bill. the gentleman from Washington (Mr. emergencies like this, we have never The SPEAKER pro tempore. The HASTINGS) that the House suspend the failed to act. Today, we face an emer- question is on the motion offered by rules and pass the bill. gency beyond any we’ve seen since the the gentleman from Washington (Mr. The question was taken; and (two- Great Depression, and it’s absolutely HASTINGS) that the House suspend the thirds being in the affirmative) the vital as a result that we act. rules and pass the bill. rules were suspended and the bill was I’m joined by some of my colleagues. The question was taken; and (two- passed. I want to call on them. As I do so, I thirds being in the affirmative) the A motion to reconsider was laid on want to read stories. I’ll start by read- rules were suspended and the bill was the table. ing just one story and then call on one passed. f or more of my colleagues. A motion to reconsider was laid on Let me start by reading what came the table. CORRECTING ENROLLMENT OF in from a person in Amherst, New H.R. 470, HOOVER POWER ALLO- f Hampshire, Jackie: ‘‘Unemployment CATION ACT OF 2011 benefits helped me make ends meet NORTH CASCADES NATIONAL The SPEAKER pro tempore. The un- while I was using my savings and 401(k) PARK SERVICE COMPLEX FISH finished business is the question on to keep up with everything. Now they STOCKING ACT suspending the rules and concurring in are gone. My savings are long gone. My The SPEAKER pro tempore. The un- the concurrent resolution (S. Con. Res. 401(k) is almost gone. I’m watching ev- finished business is the question on 32) to authorize the Clerk of the House erything I worked so hard for my en- suspending the rules and passing the of Representatives to make technical tire adult life slip away from me. I am bill (H.R. 2351) to direct the Secretary corrections in the enrollment of H.R. 50. I will never recover from this.’’ of the Interior to continue stocking 470, an Act to further allocate and ex- I would now like to yield to the gen- fish in certain lakes in the North Cas- pand the availability of hydroelectric tleman from Texas, if he would like to cades National Park, Ross Lake Na- power generated at Hoover Dam, and join me. tional Recreation Area, and Lake Che- for other purposes. Mr. REYES. I want to thank my col- lan National Recreation Area. The Clerk read the title of the con- league for yielding and some time to The Clerk read the title of the bill. current resolution. speak on this very important issue The SPEAKER pro tempore. The The SPEAKER pro tempore. The here. question is on the motion offered by question is on the motion offered by Mr. Speaker, recently, the Depart- the gentleman from Washington (Mr. the gentleman from Washington (Mr. ment of Labor reported that the na- HASTINGS) that the House suspend the HASTINGS) that the House suspend the tional unemployment rate fell to 8.6 rules and pass the bill. rules and concur in the concurrent res- percent in November, its lowest point The question was taken; and (two- olution. in nearly 3 years. Coincidentally, in El thirds being in the affirmative) the The question was taken; and (two- Paso in the 16th District of Texas, the rules were suspended and the bill was thirds being in the affirmative) the unemployment rate has also declined. passed. rules were suspended and the concur- This is very good news and very posi- A motion to reconsider was laid on rent resolution was concurred in. tive news for not just our respective the table. A motion to reconsider was laid on districts but for our country. f the table. We have been told by economists that once our economy gets going and ALLOWING YSLETA DEL SUR f operating at full strength, it can lit- PUEBLO TRIBE TO DETERMINE b 1820 erally drive the economies of the rest MEMBERSHIP REQUIREMENTS EXTENDING UNEMPLOYMENT of the world. These positive signs make The SPEAKER pro tempore. The un- INSURANCE it evident that, in fact, our economy is finished business is the question on moving forward and that we are on the suspending the rules and passing the The SPEAKER pro tempore. Under road to recovery. However, as our econ- bill (H.R. 1560) to amend the Ysleta del the Speaker’s announced policy of Jan- omy continues to heal, we cannot af- Sur Pueblo and Alabama and uary 5, 2011, the gentleman from Michi- ford to become complacent. Instead, we Coushatta Indian Tribes of Texas Res- gan (Mr. LEVIN) is recognized for 60 need to immediately pass legislation toration Act to allow the Ysleta del minutes as the designee of the minor- that will help create jobs and put more Sur Pueblo Tribe to determine blood ity leader. people back to work. quantum requirement for membership GENERAL LEAVE First, I believe, Mr. Speaker, that we in that tribe. Mr. LEVIN. Mr. Speaker, I ask unan- must pass the American Jobs Act. My The Clerk read the title of the bill. imous consent that all Members may district, as well as the districts of my The SPEAKER pro tempore. The have 5 legislative days in which to re- colleagues, in talking to them here, question is on the motion offered by vise and extend their remarks and in- would greatly benefit from the Presi- the gentleman from Washington (Mr. clude extraneous material on the sub- dent’s Jobs Act. For instance, El Paso HASTINGS) that the House suspend the ject of my Special Order. would receive over $66 million to up- rules and pass the bill. The SPEAKER pro tempore. Is there grade and modernize our schools to The question was taken; and (two- objection to the request of the gen- meet 21st-century needs. In addition, thirds being in the affirmative) the tleman from Michigan? school districts in the El Paso region rules were suspended and the bill was There was no objection. would receive funding to keep teachers passed. Mr. LEVIN. Mr. Speaker, today we’re from being laid off. A motion to reconsider was laid on here to talk about the need to extend For example, our largest school dis- the table. unemployment insurance. The numbers trict, the El Paso Independent School f are staggering. If we do not act by the District, would receive an estimated end of this month, in January well over $45 million to keep teachers from being BOX ELDER UTAH LAND a million people will lose their unem- laid off and to perhaps hopefully con- CONVEYANCE ACT ployment insurance, by mid-February tinue to hire desperately needed teach- The SPEAKER pro tempore. The un- the total will be well over 2 million, ers in our classrooms. These are smart finished business is the question on and by the end of next year, if we do investments on our part for the future

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.117 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8246 CONGRESSIONAL RECORD — HOUSE December 7, 2011 which will also boost our economy in And let me read what was said by for every $1 in unemployment benefits the immediate future. Peter of Warren, Michigan: ‘‘I was per- circulating in the economy. The Fed- Second, we must extend unemploy- manently laid off from American Axle. eral unemployment programs saved or ment benefits. I want to thank my col- I worked there 15 years and our jobs created 1.1 million jobs as of the fourth league for highlighting this and make were sent to Mexico. As of this time, I quarter of 2009 alone. And the Eco- sure that we extend unemployment have not found a job. I have been look- nomic Policy Institute estimates that benefits to those that are in desperate ing over 2 years now, and nothing in preventing unemployment benefits need. In fact, these benefits are the Michigan. I am in the TRA/TAA pro- from expiring could prevent the loss of only thing that stand between them gram to be reeducated, but my benefits over 500,000 jobs. and homelessness and going without. will run out before I finish my school, Our Nation is indeed in an unemploy- During this downturn, unemployment and I will not get the degree in my ment crisis, and we must act now to benefits have kept over 3 million peo- field.’’ Again, from Peter of Warren, help our citizens. We cannot protect ple in food and clothing and the basic Michigan. the wealthy while ignoring the mil- essentials. It has also served as a I now would like to call, if I might, lions of Americans hardest hit by one booster to our struggling economy. We on the gentleman from Illinois to join of the worst economic crises in our Na- must protect these families who are us. And then, if I might, the sponsor of tion’s history. We cannot deliver a still struggling and help them by the this legislation, Mr. DOGGETT of Texas. windfall to the privileged and deny the Jobs Act to find a stable source of in- Mr. DAVIS of Illinois. Let me thank poor. Such a position is not responsible come. the gentleman from Michigan for yield- leadership, and such a position is not I have heard, like many other of my ing, but I also want to commend him consistent with American values. colleagues here, many stories from for his many years of excellent service So I join with my colleagues in urg- those in my district that have had dif- to this body that we know as the ing the Republican leadership to pro- ficulty in the last months and years in United States House of Representa- tect vulnerable Americans by extend- finding a job. So today we cannot and tives. And I want to commend him for ing the unemployment benefits. we must not turn our backs on the the tremendous leadership that he pro- I want to thank you, Mr. LEVIN, American people—the American people vides as the ranking member of the again for the opportunity to partici- that need our help and need the pas- Ways and Means Committee. pate. sage of the American Jobs Act. They Mr. Speaker, it is December 7, and Mr. LEVIN. And I thank the gen- also need for us to step forward, stand Republicans still have not enacted leg- tleman from Illinois for your distin- with them, and pass the unemployment islation to protect the millions of guished service and your passion that insurance. Rather than being dis- Americans hardest hit by one of the you bring to this and so many other tracted and being misled by our col- worst economic crises in our Nation’s issues. leagues on the other side of the aisle, history. The well-being of 6 million I want to yield to the gentleman we must focus on our priority, which Americans, including 100,000 from my from Texas, who’s the lead sponsor and should be the creation of jobs, the pas- home State of Illinois, hangs in the ranking member on the relevant sub- sage of the unemployment insurance, balance. Our Nation is in an unemploy- committee. But before I do that, since and getting this economy going. ment crisis, and we must act now to you’re from Texas, I want to read one So I pledge to my colleague and my help our citizens. of the hundreds that we’ve received, a colleagues here that we must continue At this time last year, Republicans word from people who are the unem- to work together to create jobs not emphasized that the economy was so ployed. just for El Paso and not just for Texas, horrible that the wealthiest Americans This is Jessie of San Antonio, Texas: but for our country. And when we talk needed 2 years of tax cuts, yet they ‘‘I have submitted over 350 job applica- about the United States economy that only saw the need to help the unem- tions and have only been called for two literally drives all other economies, ployed for 1 year of emergency assist- face-to-face interviews and five over- people around the world are waiting for ance. Now, 1 year later, as the emer- the-phone interviews. I am a disabled us to work together to get this done. gency assistance runs out, Republicans Navy veteran whose appendix ruptured With that commitment, we can turn remain comfortable with the $180 bil- in October 2010 and was filled with can- things around. We’re seeing some very lion in tax breaks for the wealthiest 3 cer cells. My State benefits expired at positive signs. We must continue to percent of Americans, but they cannot the end of August, and now my Federal work for all the people that have sent support $50 billion in 2012 to help mil- benefits will expire in 6 weeks. us here to do that work. With that, I want to thank my col- lions of the neediest Americans—and ‘‘It seems that no one is hiring adults league for yielding. never mind any consideration of help- over 56 years of age. I’m a very good, Mr. LEVIN. I thank the gentleman ing the millions of Americans who have positive employee, and I feel that with from Texas for joining us and explain- exhausted their Federal benefits and every job application I’m due to get ing what this means in his State and still can’t find a job. hired soon. Please help me in any way throughout the country. We’re deter- Our Nation, yes, is indeed in an un- possible.’’ mined to tell the stories and, as I said, employment crisis. Over 45 percent of It’s now my privilege to yield to the to put faces on these numbers. And to all unemployed workers—more than 6 lead sponsor of this legislation, LLOYD do that, I have joined with other Ways million people—have been out of work DOGGETT from the great State of and Means Democrats to launch an ex- for more than 6 months. There are ap- Texas. tend unemployment program e-call proximately 6.4 million fewer jobs now Mr. DOGGETT. Thank you, Mr. Web site. As of this week, 2,590 Ameri- than at the beginning of the Great De- Chairman. And I still call you ‘‘Mr. cans have joined the e-call, and we pression. The Department of Labor Chairman,’’ though the formal leader- have received 501 stories from jobless data showed that there are over 4.2 un- ship of the committee has changed Americans. employed Americans for every one job. with the change in the majority here in Before I call on the gentleman from Even if every job were filled, 8.9 mil- the House. And I guess if you were in Illinois to join, I would like to read, if lion citizens would remain unem- fact still the chairman with full au- I might, just a couple more. This is ployed. thority we would not be here, nor from Nick of Clinton Township, Michi- During this protracted storm of eco- would there be any unemployed indi- gan. ‘‘I was unemployed from August nomic hardship, unemployment bene- vidual in the United States among the 2008 until March 2010 after working for fits are a critical lifeline for our citi- millions whose benefits would expire zens and for our economy. Unemploy- next year who would be wondering the 231⁄2 years at my job. ment benefits have kept 3.2 million night before Christmas what would b 1830 Americans—including nearly 1 million happen the day after their unemploy- ‘‘My job was sent to Sao Paulo, children—from falling into poverty in ment coverage expired next year. Brazil. Had it not been for extended un- 2010 alone. New research shows that the We face a great challenge, and as you employment benefits, I would have lost current Federal unemployment pro- have been pointing out in describing my house.’’ Nick of Clinton Township. grams provide $2 in economic stimulus individuals like Jessie, a retired—not

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.118 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8247 voluntarily retired, but retired, re- survey back during the Bush adminis- store. They may be paying a landlord moved from the workforce by unem- tration for the Department of Labor or a mortgage company. They may be ployment in San Antonio, these are say it’s even higher than that in terms paying on their credit card or their car, very real human beings, not just unem- of the economic rewards. just to have the basic necessities of ployment statistics. So I believe that we must create jobs. life; and that’s why the economic im- With over 6 million fewer jobs than Certainly, we must do the kinds of pact on small businesses is so signifi- when the recession began and more things that this Congress has failed to- cant from doing what we would need to than four workers competing for every tally to do in terms of job creation and do in order to support these families job opening, too many Americans have promoting economic recovery. But we engaged in an active job search or get- nowhere to go. They are like the lyrics also must provide a vital lifeline for ting the retraining and the retooling from that working man song of the those folks who are out there actively they need to have an opportunity for a Nitty Gritty Dirt Band: searching for work and the jobs are job in the future. Had me a job until the market fell out; just not there for them. Mr. LEVIN. It’s so important that Tried hard to borrow, but there was no The facts are clear. The time for us you’ve talked about the facts. The help. to extend unemployment coverage is more we discuss the facts about unem- Now I’ve got nowhere to go. now, not to wait until next year, not to ployment insurance, and the more we I need a job for these two hands; wait until Christmas, and not to wait talk about the unemployed, the more I’m a working man with nowhere to go. until these families are faced with the persuasive is the need for action. And if our Republican colleagues con- critical situation of not having the un- There’s so much mythology, and the tinue to insist that unemployment is employment insurance coverage that stories help to blast the mythology. caused by the unemployed instead of they should have to meet these basic I just would wish that we could get by the troubling economy we have, necessities, but to act right now in the into the shoes—there are 6 million there will be about another 5 million next few days. whose benefits are threatened here. If Americans with nowhere to go, looking It’s for that reason, as you well you lined up the 6 million from here, as to where they will find the resources know, that we’re working together to they’d go, I think, to Sioux Falls, to put food on the table, make the car try to get this unemployment insur- South Dakota. or pick-up truck payment, take care of ance coverage extended, as it has been But it’s hard for us to receive the the kids and meet the other necessities done often on a bipartisan basis in the stories or to obtain them because, of life if their unemployment insurance past whenever the unemployment rate under the Privacy Act, we don’t know expires. was at a level near what it is today. the names; and that’s why you and I While the Republicans continue to So, hopefully, in our sounding the and others have joined to, essentially, have a really factless finger-pointing alarm here again tonight, in your tell- have a Web site so people can tell us at the unemployed, I think it is past ing these stories about individual how to reach them. But your recitation of the facts is so time for us to lay the facts straight out Americans and what a loss of this cov- important because, in the end, I think on the table and respond to some of erage means, we can begin to involve the facts will prevail. The stories will these myths that they’ve been pro- and get the support of more of our col- be telling. moting. leagues to do what we really need to And so, Mr. DOGGETT, you’ve been Fact: An unemployment check is not have accomplished just as soon as pos- such a lead person on this. You’re the a substitute for a paycheck. People sible. lead person on this legislation. So like Jessie know that. An unemploy- Mr. LEVIN. Thank you. What we’re many of us have been working on this. ment benefit usually amounts to a trying to do, as you say, is to bring As you said, one of the facts is we fraction of what a worker was making America into this debate because if the have never failed to act, and this is a before someone lost his or her job. faces are shown and the voices heard, deeper recession than we’ve known. In Fact: Unless you are actively search- our faith is that somehow we’ll act. fact, one of the facts is that there are ing for a job, getting job training for a And as you say, Republicans tend to now nearly 7 million fewer jobs in the new job, or are on temporary layoff, blame the unemployed instead of blam- economy today compared to when the you’re not likely to be entitled to an ing themselves for inaction. And we’re recession started in December 2007. unemployment check. not going to leave here, we’re not going Seven million fewer jobs. And so when to leave here until there’s an extension b 1840 people search, they’re often hitting a of unemployment benefits; isn’t that wall. I’m not for just paying people to be correct? That’s your pledge. By the way, this gentleman, Jesse, idle; but these are individuals who are Mr. DOGGETT. It is our pledge, be- refers to his age. And it’s very true either getting training, who are ac- cause there’s just too much at stake that the older—they’re not very old— tively involved in a job search, or the here. This Congress has been incredibly people are having trouble. few that are in the temporary layoff unproductive. You might think it had I had a forum in Michigan, and it was category. There is little evidence to been unemployed for much of the past so heartbreaking that a person said to support the Republican claim, repeated year. And we need to stay and com- me—I would guess in her fifties—that again and again, that unemployment plete the work. I’ve taken all of the years off of my CV, insurance benefits are a significant fac- This is work that was done prac- when I went to college, when I grad- tor in discouraging folks from going tically on Christmas Eve last year, uated, when I first had a job, and the out and looking for work. when this extension was in jeopardy date of every position she had because Fact: to receive extended benefits, an again. And we ought not to go right she’s afraid that when these resumes unemployed person is required to ac- down to the wire like that again. come in, people look at the age and a cept reasonable offers of employment. There’s no reason that this could not stone wall is hit. Two out of three of the unemployed re- be done in the coming week, but for It’s my privilege, Mr. DOGGETT, to spondents in the Heldrich Center sur- this ideological commitment saying join with you. I’d now like to have join vey, and 80 percent of those who were that unemployment insurance coverage us a very distinguished Member from receiving unemployment benefits, said is not good for the economy. The facts California. And if you give me a they were willing to take a pay cut in don’t bear that out. minute, BARBARA LEE, the very distin- order to get a new job, as so many The individual stories that you’re guished woman, I want to find a story Americans have had to do with the telling us about tonight, those are the from California. And so if I might just challenges in our economy. individuals, those are the families that read this before I yield to you. Fact: one economist estimates that have so much at stake. And of course, This is Benjamin of Los Angeles, for every $1 dollar we spend on these because of this economic effect, those California: unemployment insurance benefits, unemployed families, when they get a ‘‘I’ve been actively looking for work about a $1.61 in economic activity dollar of unemployment insurance, for 8 months now. Unemployment in- comes back. In fact, some of the esti- they have to spend that dollar. They surance has been crucial in my sur- mates from one group that began its may be spending it at the grocery vival. It has literally kept me alive.

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.119 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8248 CONGRESSIONAL RECORD — HOUSE December 7, 2011 It’s allowed me to buy food and pay all So not only must we immediately ex- include them in these initiatives and in my bills. Bills have no conscience. tend the emergency unemployment this policy. They come, regardless if one is working benefits, but we should also imme- Mr. Speaker, we’ve got a lot of work or not. diately pass legislation that Congress- to do. But I know we intend to stay ‘‘I really feel for and extend my em- man BOBBY SCOTT and myself have in- here until we do our job, until we ex- pathy to those who are unemployed troduced, H.R. 589, which would add an tend this bridge over troubled waters, and have children. I wholeheartedly additional 14 weeks of tier I unemploy- the safety net for people just to sur- support the emergency extension of un- ment benefits for the millions of Amer- vive. That’s all this is, is for people employment insurance.’’ icans who have already completely ex- just to survive. Benjamin of Los Angeles California, hausted their benefits. And I hope that If we don’t do that, those of us who your home State. the Republican leadership will bring call ourselves people of faith really You do such honor to your State and that bill to the floor for an up-or-down need to come to grips with our faith the whole Nation, and it’s my privilege vote. and who we are, and how we propose to now to call upon the gentlelady from We can’t ignore the needs of people move forward within the context of California, BARBARA LEE. who have hit the 99 weeks, because un- looking out for and making sure that the least of these are addressed and b 1850 fortunately when we extend unemploy- ment benefits, there will be 2 to 3 mil- taken care of until we can provide Ms. LEE of California. Thank you so lion people who still won’t be covered them those opportunities and dis- much. because they’ve hit the 99 weeks. So we mantle those barriers so they can re- First off, let me thank the gentleman can’t ignore the needs of the millions ignite the American Dream, because from Michigan for those very kind of Americans who have run out of time it’s turned into a nightmare for mil- words, more importantly for your lead- and who are now losing their homes, lions and millions of people. ership on so many fronts and for caring falling out of the middle class, and re- So Congressman LEVIN, I want to about those who are falling through lying more and more on our help. thank you again for, again, this clarion the cracks at this point, and also for In addition, there was a startling rise call to our conscience. It should prick this very sobering Special Order to- in the African American unemploy- our conscience tonight. We should, to- night, because this is very sobering on ment rate from 15.1 percent to 15.5 per- morrow, say let’s pass this now. The the need for an immediate extension of cent in the same period. There can be holiday season is upon us. People need unemployment benefits for the mil- no clearer reminder of the ongoing ra- some certainty in their lives. They need to know that they have a bipar- lions of Americans who are struggling cial and ethnic disparities that con- tisan effort to help them through this to find work. tinue to plague our Nation and keep period, and they need to also know While we received some welcome minority communities suffering dis- that we’re going to work very hard to news on the unemployment rates from proportionately than higher rates of pass the American Jobs Act so that last week with the national unemploy- unemployment, poverty, near poverty, they can finally get a job, because ment rate falling to 8.6 percent from 9 and tragic health disparities like un- that’s what this is all about. And peo- percent, we cannot stop. We cannot conscionably higher rates of HIV infec- ple want to work. Thank you again. abandon the millions of job seekers tion. Mr. LEVIN. Thank you for your elo- during the middle of a faltering recov- When the national employment pic- ery. quent statement. ture improved significantly for the As you said, this is one estimate, In fact, failing to extend these crit- first time in months, African Ameri- ical benefits would really cripple our four people for every job. You men- cans faced a marked increase in their tioned this is a matter of faith. A few recovery and cost the economy over unemployment. That means we must half a million jobs. weeks ago, I met a minister. I had take immediate and bold action to im- never met him before. And we got to The slow pace of private sector job plement targeted programs and poli- creation is not because of regulations talking about the challenge of unem- cies to ensure that we truly are a Na- ployment insurance. And I paraphrase or uncertainty in the Tax Code. If you tion that provides equal opportunity speak to nearly any business person, what he said to me: This is a challenge and leaves no one behind in terms of to America’s soul. they will tell you that they are not hir- accessing the American Dream. ing because they don’t have customers. Thank you very much. Now, Congressman LEVIN, I held a job Before I call on the distinguished col- Abruptly ending unemployment ben- fair in my district a few months ago. league from Wisconsin, I want to read efits during the holiday season, first of Thousands of people showed up in Oak- one more story. all, it’s mean and it’s morally wrong. It land for the few jobs—four people for I have a story that’s given to us, one would strip 2 million customers out of every job—that were available. of the more than 400, from Nathan of the economy by March, and over 6 mil- But let me tell you, people want to Madison, Wisconsin. lion customers out of the economy by work. They want to work. We in the So let me read this before I call on the end of the year. But again, more Congressional Black Caucus held five my distinguished colleague and friend importantly this is just morally wrong. job fairs around the country, thousands from Wisconsin, GWEN MOORE. This is just not who we are as Ameri- of people showed up for limited jobs. I I quote: ‘‘I have been unemployed cans. can say with certainty, people want to twice in the past 5 years, and they were We could not make a worse decision work, people want to work. not by choice. I have a master’s degree than to cripple our economy by failing And so we have to, however, extend in organic chemistry and have worked to protect millions of families and chil- the safety net or this bridge over trou- in the pharmaceutical industry and re- dren from poverty because that is just bled waters until we figure out how we lated industries since finding a job out what unemployment benefits do. It can deal with the politics of getting of school in 1998. After 2 years with my keeps 1 million children from falling the American Jobs Act passed, and also first company, I received a double pro- into poverty. So we absolutely must other opportunities and legislation to motion. So my layoffs have not been extend this critical benefit to workers provide jobs for people because people due to my performance, abilities, or ca- who were laid off through no fault of want to work. So we have to extend pabilities. their own before the end of this year. this unemployment compensation until Anyone who says unemployed people Hidden, though, within the positive we do that. are lazy or have it good are ignoring 0.4 percent drop of unemployment is We have to save our economy and the the fact that people are hurting across the discouraging news that over 300,000 millions of struggling families from the board.’’ From your fellow resident Americans dropped out of the work- poverty and immediately pass and ex- of the State of Wisconsin. force and that the long-term unem- tend unemployment benefits now. It is now my distinguished privilege ployment picture is not improving, Let’s not forget again the 2 million- to yield to you, Ms. MOORE, from the with the average length of unemploy- plus people who’ve hit that 99-week State of Wisconsin. ment now rising from 39 weeks to 40 limit who will not be eligible for an ex- Ms. MOORE. Absolutely, Representa- weeks. tension unless we figure out a way to tive LEVIN.

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.120 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8249 Let me start out by thanking you for guess that’s sort of racial inequality move with a teenage daughter back this Special Order. And that letter is 101. When we peel back the layers of into her mom’s house. I mean, teenage just one in 58,000 people, off the top of this improved economy, what we find, kids need things other than food. my head, that will be immediately af- Representative LEVIN, is that single Something like toilet paper becomes fected by our inability to expand unem- mothers—women—are suffering, that an issue when you’re sharing a house- ployment insurance. That’s one story. they’re some of the hardest hit. hold and when you don’t have enough As you indicated, it’s a person who is As you will recall, Representative money to make those contributions. from Madison, Wisconsin, well edu- LEVIN, this institution on a bipartisan The other thing that makes me very cated, and cannot find a job in this re- basis—and I understand I was not here curious, Representative LEVIN, is the cession. when Mr. Newt Gingrich was Speaker rhetoric around the desire to help I just think it is really curious, and I of the House—decided that the most small businesses. Do you realize if we guess I would like to engage in a dia- important legislative initiative that don’t extend this unemployment ben- logue with you about this, you being they could undertake was to end aid to efit, economists have calculated that, the ranking member on Ways and families with dependent children and in 2012, this will take $90 billion out of Means, maybe you can help me under- to put women and children under the the economy? You won’t buy that teen- stand a little bit better. Our colleagues vagaries and vicissitudes of a cyclical ager shoes because you’re unemployed. in the majority, the optic and the nar- economy. So now that we have an Mr. LEVIN. Absolutely. rative in the country for them is they economy that is as bad as it was during We’re focusing today on the stories of want to preserve benefits for million- the Great Depression, we can look at the unemployed, on the personal sto- aires and billionaires. They want to the unemployment numbers among ries, in order to put a face on the num- preserve corporate tax expenditure women, especially among single bers. It’s also important—and you re- benefits for corporations. women, and we can find some very, ferred to it—for the economy of our very distressing data. country. Every economist, I think b 1900 Poverty among women climbed to without any exception, says that un- They want to maintain foreign prof- 14.5 percent in 2010 from 13.9 percent in employment insurance is one of the its for expatriated funds. They want to 2009, the highest in 17 years. According two most beneficial instruments that maintain a very high tax exemption for to a recent report by Legal Momentum, we have in terms of putting money estates over $5 million. They want to recent Census data on poverty paints a back into the economy because people maintain capital gains benefits, bene- bleak picture for single-mother fami- who are unemployed and who receive fits on dividends. lies. This report finds that the poverty their insurance—they work for it— So I’m just curious, Representative rate for single moms, for people who by spend it. LEVIN, why they don’t want to provide definition have to feed their kids every We have some other stories from sin- this governmental benefit for unem- night, reached 42.2 percent last year, gle parents. Let me just, if I might, ployed people. This is very distressing up from 38.5 percent in 2009, and way up read another story. Then perhaps we to me when I consider who the unem- from 33 percent in 2000. It is chilling to should ask the gentlelady from Texas ployed are. When I think about the contemplate the predicament of women to join us if she would like. people the majority party wants to pre- and children when there is no aid to ‘‘I am a military spouse that was serve benefits for and then when I get families with dependent children and forced to move and leave a great-pay- an optic of the people who would most no entitlement. When you consider ing office management position since likely benefit from this unemployment that you’ve got folks like the gen- my husband was transferred to a new insurance, there is a stark contrast. tleman you described in your letter duty station . . . I have applied for jobs Perhaps that starts to explain why who has a master’s degree and who that would barely cover our bills just there is a reluctance, an unwillingness cannot find a job, a mom with kids is so that I can be among the working and an unreadiness to provide this ben- competing in that same job market. again . . . My soldier can’t afford to There is a great deal of need in these efit. support us on a military income—and populations. Even as the economy be- Now, as you know, the overall na- it’s not just about me. I have a son to gins to show growth, they’re forced to tional unemployment rate dropped think of. I hope and pray that an exten- make cuts in the family budgets. from 9.1 percent recently to 8.6, which sion is approved so that it doesn’t They’re living with food insecurity— is something that I think we can claim cause our family structure to crumble. not enough food—and the quality of some victory for; but when you peel I believe that an extension should be the food is not good. They’re elimi- back the curtain and disaggregate approved as it is keeping not only my nating health insurance. I know fami- these numbers, you’re going to see that family but millions of other American lies in my district who are taking there’s a sharp and problematic racial families from drowning in a sea of fi- medicines every other day, doing with- undertone as it pertains to black un- nancial ruin.’’ out transportation, clothing, and That’s from Rachel of Lemoore, Cali- employment. where utility cutoffs are very preva- When you look at the unemployment fornia. lent. It is now my privilege to yield to the for white men, Representative LEVIN, Mr. LEVIN. I was looking through their unemployment dropped from 7.9 gentlelady from Texas, Ms. SHEILA some of the letters. Let me just read a JACKSON LEE. percent to 7.3 percent, which is very letter in which the author is a single high; but black men endured a spike parent from Geneva: b 1910 from 16.2 percent in unemployment to ‘‘I never thought that I would have to Ms. JACKSON LEE of Texas. I thank a disturbing 16.5 percent in unemploy- start all over again looking for work in the gentleman very much and thank ment. So those lowered unemployment my late forties. I hadn’t even been 1 him for his leadership on this issue. rates certainly do not reflect what’s year cancer free. I’m a single parent of And reading these passionate letters, I happening in the African American a teenage daughter. So, when my job don’t know how anyone could bring us community. terminated, so did my medical insur- to the brink of disaster where we find Of course, according to the Bureau of ance . . . I had to move back to my ourselves today. Labor Statistics, unemployment de- mom’s house. I could no longer afford I just want to read from the U.S. De- clined for every demographic within my rent, car note, insurance, and the partment of Labor a simple sentence the white community—for teenagers, basic everyday needs of raising my that I think speaks volumes: men, women—but it actually increased daughter and keeping my own place ‘‘The unemployment insurance sys- for every measured group within the . . . Please don’t take away UI so soon. tem helps the population most directly African American community—for People like me need to keep it until we affected by recessions, those who have men, women, teenagers. can find full-time work to take care of lost jobs through no fault of their Even worse is after the fact, when our families and help us keep our self- own.’’ the recession is over, when black un- esteem.’’ Mr. LEVIN, you have heard my col- employment won’t be any better than Ms. MOORE. I tell you, that is a very leagues speak of the double-digit un- white unemployment is right now. I moving letter. You say she had to employment in distinctive populations,

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K07DE7.122 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8250 CONGRESSIONAL RECORD — HOUSE December 7, 2011 the young, recent college graduates, not one that I’m likely to win. There writing in are saying, they are asking, African Americans and Latinos who re- are thousands of stories just like mine just give me a lifeline and help me to main at the bottom of the heap, but that won’t be told here. We are people, survive. who are looking for jobs every day. I we have faces and lives and dreams just I am prepared to stay here, Mr. am reminded of a job fair at the like everyone who still has a job. I am LEVIN, as you have indicated, to make Fallbrook Church in Houston, Texas, telling you: we will be on the streets sure that we do right by the people who where throngs came seeking oppor- without this extension, and only some are so much in need. tunity and basically refuting the com- of us will ever make it back from Mr. Speaker, I rise today to address the mentary of one Presidential candidate that.’’ issue of extending unemployment insurance. no longer in the race, Mr. Cain, who Ms. JACKSON LEE of Texas. First, We must not go home for the holidays if we said if you’re broke and if you’re unem- you read about a mother and her child cannot agree to extend unemployment insur- ployed, it’s your fault. that has to move back into their fam- ance. And now the front-runner, Mr. Ging- ily’s residence, or her parents’ resi- With a national unemployment rate of 9.1 rich, says that poor children have no dence. These are now senior citizens. percent, preventing and prolonging people role models, their parents don’t get up Then you tell me about someone from receiving unemployment benefits is a na- and go to work, they have not seen who’s actually going to be homeless. tional tragedy. As of today, in the City of anybody go to work. How outrageous Then we hear about a person that’s Houston, the unemployment rate stands at 8.6 to speak about those who have lost degreed, has the ability to contribute percent as almost 250,000 individuals remain their job, their children are poor, and to the engine of this economy in unemployed. they would blame the victim. science, and they’re unemployed. And Indeed, I cannot tell you how difficult it has So I think it is crucial that we pass then if you would, Mr. LEVIN, just look, been to explain to my constituents whom are this legislation; and we have never, Mr. I’m on the floor with Mr. GARAMENDI, unemployed that there will be no further exten- LEVIN, not passed this legislation when the gentleman from California, and we sion of unemployment benefits until the Con- unemployment in our country has been use this to show how flat-lined our gress acts. Whether the justification for inac- near 9.1 percent. It is not 9.1 percent, working and middle class have been in tion is the size of the debt or the need for def- but it’s very well near there. terms of the growth of their income; icit reduction, it is clear that it is more prudent And unemployment benefits will and we see the top percent of wealth to act immediately to give individuals and fam- keep us from losing over 500,000 jobs. It right here shooting up to an enormous ilies looking for work a means to survive. will also help some of the bankrupt amount—that is the blue line. This is If there is a single federal program that is States. There are States that are, in how the wealthy have progressed and absolutely critical to people in communities all fact, looking to $5 billion in tax hikes grown. across this nation at this time, it would be un- on employers in nearly two dozen And then we hear our friends saying employment compensation benefits. Unem- States. These solvency provisions will the poor little rich person, where the ployed Americans must have a means to sub- stop putting $5 billion in tax hikes on very rich person in this group, because sist, while continuing to look for work that in employers in nearly two dozen States, I’m not involved in class warfare, is many parts of the country is just not there. as well as provide $1.5 billion in inter- saying we understand and we’re willing Families have to feed children. est relief. to have the burden of sacrifice with the The American people are relying upon us to Some of these very Members who benefit of living in this great country. stand up for them when they are in need. This may be objecting to this, debating And so when we look at this wealth, is not a time to take a vacation, go home to about it, come from States that are think about this woman who is saying our families, and watch our unemployed con- themselves facing a question of sol- she is near homelessness and think stituents suffer through holidays. vency because of the unemployment in- about the 160 million Americans that if Unemployed workers, many of whom rely surance. we do not do a payroll tax cut; but on public transportation, need to be able to Where is the life raft, if you will? think about, most of all, the 6 million get to potential employers’ places of work. Where is the helping hand? Where is Americans who will be left to home- Utility payments must be paid. Most people the rescue for the people who are des- lessness in contrast to the enormous use their unemployment benefits to pay for the perate? wealth that is on this poster board and basics. No one is getting rich from unemploy- You might not be able to see this, the meager proposal of surtax on the 1 ment benefits, because the weekly benefit but it’s a very small picture of a person percent for 10 years, starting in 2013, to checks are solely providing for basic food, living in a disastrous home impacted pay this off and to keep solvent Social medicine, gasoline and other necessary things by Hurricane Ike. There was some deci- Security. It is unbelievable that we many individuals with no other means of in- sion about some funds going there in would not rush to do this as we are come are not able to afford. Houston, Texas, today. I’m not happy nearing the holiday season. Personal and family savings have been ex- with the meager distribution to help I am just noting for you, Mr. LEVIN, hausted and 401(Ks) have been tapped, leav- people like this. They’re not getting all just to say that the powerful, pas- ing many individuals and families desperate the money that they need. sionate letters that you have read are for some type of assistance until the economy I can assure you if they’re living in volumes in terms of those who are improves and additional jobs are created. The some homes like this, many times they seeking our help. extension of unemployment benefits for the may also be unemployed. So they’re And for anyone that has been to Oc- long-term unemployed is an emergency. You living in devastated housing in many cupy Houston or Occupy Wall Street or do not play with people’s lives when there is instances. They are in need of food on Occupy any city, if they talk to the an emergency. We are in a crisis. Just ask their table. They are likewise trying to people individually, they will know someone who has been unemployed and provide for their children, and they that these are simply hurting Ameri- looking for work, and they will tell you the don’t have the resources. cans who have lost their jobs who are same. Mr. LEVIN. The gentlelady referred seeking to come and seek opportunity. Currently, individuals who are seeking work to a particular situation. Let me read They want to work; and everyone that find it to be like hunting for a needle in a hay from another story, if I might. I have spoken to, the lady who is here stack. For every job available today, there are Ms. JACKSON LEE of Texas. Please with this home, 56 years old, I know four people who are currently unemployed. do. that whether she’s employed or not, You can not fit a square peg in a round hole Mr. LEVIN. This is Linda of Seattle, the condition of her home suggests and point fingers at the three other people Washington: that she is in need. And the homeless who when that job is filled is left unemployed. ‘‘I am a person, a hardworking Amer- persons, because they have no job, are Let’s be realistic there are currently 7 million ican person at that, and I will be forced in need. fewer jobs in the economy today compared to to live on the streets if EUC is not ex- I don’t believe that the wealthy that when this recession began. tended. It terrifies me; and if it hap- are speaking on this particular poster Although according to the U.S. Bureau of pens, the struggle I will face to once board would argue about the solution Labor Statistics the State of Texas continues again be a productive member of this that you have come to and that you are to have the largest year-over-year job increase society, in these times, by myself, is advocating and that those who are in the country with a total of 253,200 jobs.

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00062 Fmt 7634 Sfmt 9920 E:\CR\FM\K07DE7.124 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8251 There are still thousands of Texans like thou- hikes on employers in nearly two dozen And I close with this pledge from all sands of other Americans in dire need of a States, as well as provide $1.5 billion in inter- of us on the Democratic side in the job. est relief. The legislation also provides a sol- House: we do not intend to vote for a UNEMPLOYMENT INSURANCE vency bonus to those States not borrowing motion to adjourn until we have acted A study was conducted the research firm from the Federal government. on the payroll issue, continuing on the IMPAQ International and the Urban Institute We must extend unemployment compensa- physician reimbursement issue, and found Unemployment Insurance benefits: tion. This will send a message to the nation’s very much so on extending unemploy- Reduced the fall in GDP by 18.3%. This re- unemployed, that this Congress is dedicated ment insurance so that people out of sulted in nominal GDP being $175 billion high- to helping those trying to help themselves. work, through no fault of their own, er in 2009 than it would have been without un- Until the economy begins to create more can be assured there won’t be millions employment insurance benefits. jobs at a much faster pace, and the various of people in this country, beginning the In total, unemployment insurance kept GDP stimulus programs continue to accelerate 1st of January, who are left out in the $315 billion higher from the start of the reces- project activity in local communities, we can- cold. sion through the second quarter of 2010; not sit idly and ignore the unemployed. I thank all my colleagues. kept an average of 1.6 million Americans on PAYROLL TAX CUT Mr. Speaker, I yield back the balance the job in each quarter: at the low point of the For 337 days, the GOP House majority has of my time. recession, 1.8 million job losses were averted failed to offer a clear jobs agenda. Congress Mr. WAXMAN. Mr. Speaker, I rise today in by UI benefits, lowering the unemployment must not leave Washington for the holidays unqualified support of extending unemploy- rate by approximately 1.2 percentage points; without extending the payroll tax cut and un- ment benefits for the long-term unemployed. made an even more positive impact than in employment benefits that put money into the The United States is a great nation. We’re previous recessions, thanks to the aggressive, economy and promote jobs. a great nation because we are the land of op- bipartisan effort to expand unemployment in- GOP is risking tax relief for 160 million portunity. We’re a great nation because we surance benefits and increase eligibility during Americans while protecting massive tax cuts are the home of the American Dream, where both the Bush and Obama Administrations. for 300,000 people making more than a million hard work and playing by the rules have al- ‘‘There is reason to believe,’’ said the study, dollars per year. ways equaled success. But the United States Extending and expanding payroll tax cut ‘‘that for this particular recession, the UI pro- is also a great nation because we assist our would put $1,500 into the pockets of the typ- gram provided stronger stabilization of real fellow citizens in need—those who have fallen ical middle class family. on hard times and through no fault of their output than in many past recessions because At least 400,000 jobs would be lost if Re- own are in need of a safety net. extended benefits responded strongly.’’ publicans block the payroll tax cut An out-of-control Wall Street and the reck- For every dollar spent on unemployment in- In November, Senate Democrats proposed less deregulation pursued by the Bush Admin- surance, this study found an increase in eco- reducing it to 3.1 percent for 2012, and cutting nomic activity of two dollars. employers’ taxes on the first $5 million in tax- istration brought us the greatest economic cri- According to the Economic Policy Institute able payroll to the same level, which helps sis since the Great Depression. Tens of mil- extending unemployment benefits could pre- small businesses. To pay for the cut, the bill lions of American’s lost their jobs, and four- vent the loss of over 500,000 jobs. calls for a 3.25 percent tax on gross income teen million still are unemployed today. Forty- If Congress fails to act before the end of the over $1 million for single filers and married five percent of those unemployed have been year, Americans who have lost their jobs couples filing jointly, the so-called ‘‘Million- out of work for six-months or more. Every day, I hear from constituents that lost through no fault of their own will begin losing aire’s Tax.’’ This is a reasonable compromise. their unemployment benefits in January. By There are other ideas floating around this their job during the great recession and have mid-February, 2.1 million will have their bene- Chamber that touch on tax, such as repatri- been struggling to get by. fits cut off, and by the end of 2012 over 6 mil- ation. Lowering taxes is always a good idea, From one constituent: lion will lose their unemployment benefits. but scattershot approaches to tax reform al- I have been unemployed for almost 2 years. Congress has never allowed emergency un- most always lead to undesirable outcomes. Never in my 51 years of life have I ever expe- rienced anything like this. I submit resumes employment benefits to expire when the un- TARGETED TAX RELIEF FOR AMERICAN WORKERS employment rate is anywhere close to its cur- via Craigslist daily, I network and I have The 2% payroll tax cut in effect for 2011 has done whatever I can to get back to work. I rent level of 9.1 percent. provided $110 billion of tax relief to 159 million will be homeless if [unemployment] benefits Republicans seem to want to blame the un- American workers. are not extended. employed for unemployment. But the truth is If the payroll tax cut is not extended, a fam- And another: there are over four unemployed workers for ily struggling through the economic recovery every available job, and there are nearly 7 mil- I’d really like to know if there’s another making $50,000 will see its taxes go up by unemployment benefits extension in the lion fewer jobs in the economy today com- $1,000. works. I am 53, with no family, and no car pared to when the recession started in De- Expanding the 2% payroll tax holiday to that I can live in, but I will lose my apart- cember 2007. 3.1% will cut Social Security taxes in half for ment if I can’t find a job . . . or get more The legislation introduced today would con- 160 million American workers next year. benefits. It’s no secret that jobs are VERY tinue the current Federal unemployment pro- This targeted tax relief will mean an extra hard to come by, and I’ve had a really good grams through next year. $1,500 for a typical American family making work history, but that means nothing right This extension not only will help the unem- $50,000, and $2,500 for a family making now. ployed, but it also will promote economic re- $80,000. And another: covery. The Congressional Budget Office has Mr. LEVIN. Your chart leads me to I have sent out hundreds of resumes, both declared that unemployment benefits are the last letter I’ll read. for positions in my field, and for positions I ‘‘both timely and cost-effective in spurring eco- I read from Ralph of Warren, Michi- knew I could do, or have done when I was nomic activity and employment.’’ The Eco- gan, because your chart shows what’s just starting out. I have received less than nomic Policy Institute has estimated that pre- at stake for middle-class America: ten acknowledgements of receipt of my re- ‘‘Unemployment insurance must be sume over the course of 21 months. My back- venting UI benefits from expiring could prevent ground and education are solid. the loss of over 500,000 jobs. extended so you can pay your bills and In addition to continuing the Federal unem- buy food. Without this insurance you And another: ployment insurance programs for one year, would see the foreclosures go through My job as CFO of a small restaurant chain, the bill would provide some immediate assist- the roof. Start looking out for the mid- headquartered in Santa Monica, was elimi- dle class that built this country.’’ nated in Dec. 2010. Since then I have been un- ance to States grappling with insolvency prob- able to find employment and, as a result, had lems within their own UI programs. And this issue of extension of unem- to sell my condo at a considerable financial The legislation would relieve insolvent ployment insurance is critical for all loss. I have been surviving through the ex- States from interest payments on Federal America, and it surely is critical for tended unemployment program offered by loans for one year and place a one-year mora- the middle class that helped to build the federal government. If this program is torium on higher Federal unemployment taxes this country in that now, and the mil- not renewed, I have no idea how I will cope, that are imposed on employers in States with lions are finding, they have lost their financially, or mentally. outstanding loans. jobs, they are looking for work, they And another: According to preliminary estimates, these can’t find it. We need to respond, and I’m 63, was let go from a very significant solvency provisions will stop $5 billion in tax we need to respond right now. position back in February 2008 after eight

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00063 Fmt 7634 Sfmt 9920 E:\CR\FM\A07DE7.076 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8252 CONGRESSIONAL RECORD — HOUSE December 7, 2011 years of being a Multi Award Winning Sales made elsewhere. That doesn’t even in 1942 was a turning point for the Al- Executive, in two industries . . . in working make sense. Only in Washington can lied military forces, who realized that over 40 years without interruption I have someone say we have to pay for a tax the military communications needed a been collecting unemployment benefits for cut. Think about that. What we’re say- new direction, and new inspiration. two years. I’m embarrassed to tell you how many resumes and contacts I’ve made, com- ing is, what Washington is saying is, Fortunately, an innovative citizen peting with men and women in their 20’s, we have to pay for a tax cut. Well, named Philip Johnston had the answer. 30’s, 40’s. whose money is it? Government doesn’t As the son of a Protestant missionary, This has taken a huge toll on my life as make money. It’s the people’s money. Johnston had grown up on the Navajo you can imagine . . . my condo is for sale Yet somehow up here in Washington we reservation and was one of less than 30 and I’m being audited by the IRS . . . my keep saying we have to pay for a tax non-Navajos fluent in the unique Nav- health has deteriorated and I didn’t have increase. It’s that hardworking family health insurance for the past two years. ajo language. He realized that since it that has earned that money. It is not had no alphabet and was almost impos- For too many Americans, unemployment Washington’s money. sible to master without early exposure, benefits are the difference between having a And people, frankly, I think are dis- the Navajo language was a perfect roof over their head, or sleeping on the street; gusted with the notion that somehow choice to form a new, impenetrable having food to feed their kids, or skipping din- the paradigm in Washington is we have military code. In 1942, Johnston com- ner; seeing a doctor, or living with chronic ill- to pay for a tax cut. It’s their money. pleted an impressive demonstration of ness. Something is very wrong here, and this the Navajo language to the Com- As a great nation, we have an obligation to body is part of the problem. manding General of the Pacific fleet provide a lifeline to these fellow citizens. It is Let’s put out the facts; facts, not headquartered in San Diego. He was incumbent on us a decent society. spin. Government money doesn’t exist. then given permission to begin a pilot I have cosponsored legislation to extend un- That’s a fact. It’s the people’s money. for the Navajo Code Talker program, employment insurance through the end of Here’s another fact. If there are and I would like to submit his letter 2012. I have also cosponsored legislation to projects that can be cut, they should be dated March 8, 1942, for the RECORD. help the so-called ‘‘99-ers,’’ by extending the cut. They shouldn’t be traded like fu- length of federal benefits by an addition 14 tures in the stock market. If we believe HEADQUARTERS, AMPHIBIOUS FORCE, PACIFIC FLEET, CAMP ELLIOTT, weeks, to 113 weeks total. that we ought to extend the payroll tax San Diego, CA, March 6, 1942 But Congress must do more. My constitu- cut extension, let’s extend it. Let’s Subject: Enlistment of Navaho Indians. ents need more than a safety net. They need stop playing games about moving To: The COMMANDANT, jobs. money around from one program to an- U.S. Marine Corps. According to a recent report by the Wash- other or keeping a bucket of projects Enclosures: (A) Brochure by Mr. Philip John- ington Post, this Republican House is on track or programs that we can save to cut at ston, with maps. (B) Messages used in to be least productive first session in 20 years. a time to bargain for something else. demonstration. In a full year, Republicans have yet to pass a It’s time that we get serious, and the 1. Mr. Philip Johnston of Los Angeles re- single bill to create a single job. American people are saying they’ve cently offered his services to this force to The Republicans’ refusal to take up meas- had enough. They’ve had enough of demonstrate the use of Indians for the trans- ures to help restart our economy—like Presi- what they’re seeing here in Wash- mission of messages by telephone and voice- dent Obama’s American Jobs Act—is all the ington. radio. His offer was accepted and the dem- more reason that we must extend these es- Let me say this one more time. Pit- onstration was held for the Commanding General and his staff. sential unemployment benefits. I urge my col- ting American against American is un- leagues to stand up for the unemployed Amer- American and outrageous and deserves 2. The demonstration was interesting and icans who are facing catastrophe through no the condemnation of each and every successful. Messages were transmitted and received almost verbatim. In conducting the fault of their own and vote now to extend this one of us in this Congress. This is not demonstration messages were written by a critical lifeline. the America we know and love. We the member of the staff and handed to the In- f people deserve better. dian; he would transmit the message in his I yield back the balance of my time. tribal dialect and the Indian on the other b 1920 f end would write them down in English. The text of messages as written and received are AMERICANS DESERVE BETTER HONORING NAVAJO CODE enclosed. The Indians do not have many The SPEAKER pro tempore. Under TALKERS military terms in their dialect so it was nec- the Speaker’s announced policy of Jan- The SPEAKER pro tempore (Mr. essary to give than a few minutes, before the demonstration, to improvise words for dive- uary 5, 2011, the gentleman from Flor- REED). Under the Speaker’s announced bombing, anti-tank gun, etc. ida (Mr. MACK) is recognized for 60 min- policy of January 5, 2011, the gen- 3. Mr. Johnston stated that the Navaho is utes as the designee of the majority tleman from Arizona (Mr. GOSAR) is leader. the only tribe in the United States that has recognized for the remainder of the not been infested with German students dur- Mr. MACK. Mr. Speaker, I think hour as the designee of the majority ing the past twenty years. These Germans, there are a lot of people back home leader. studying the various tribal dialects under who are watching this debate unfold, Mr. GOSAR. Mr. Speaker, thank you the guise of art students, anthropologists, and more importantly, are watching for joining me this evening to talk etc., have undoubtedly attained a good work- the Congress and the administration. about a very special group of veterans, ing knowledge of all tribal dialects except And, you know, I think a lot of people the Navajo Code Talkers. Tonight, my Navaho. For this reason the Navaho is the at home are scratching their head. colleagues and I are going to share only tribe available offering complete secu- They’re saying we the people are out- their stories and highlight the amazing rity for the type of work under consider- ation. It is noted in Mr. Johnston’s article raged at this administration and this accomplishments of this group of war- (enclosed) that the Navaho is the largest Congress. And they should be. riors. Their contribution to the Allied tribe but the lowest in literacy. He stated, The White House and their liberal al- effort during World War II is widely however, that 1,000—if that many were need- lies in Congress and the media go on a credited with winning the Battle of Iwo ed—could be found with the necessary quali- nonstop bashing of a group of Ameri- Jima and making majors gains in the fications. It should also be noted that the cans who are productive and hard- Pacific. Navaho tribal dialect is completely unintel- working. Class warfare is as despicable During the early months of World ligible to all other tribes and all other peo- as any other type of stereotyping, and War II, Japanese intelligence experts ple, with the possible exception of as many as 28 Americans who have made a study of putting citizen against citizen for po- broke every code the U.S. forces de- the dialect. This dialect is thus equivalent to litical gain is outrageous and it’s vised. The Japanese were able to de- a secret code to the enemy, and admirably wrong. code and intercept communications suited for rapid, secure communication. Listen to this. The people are told with ease. To combat this, increasingly 4. It is therefore recommended that an ef- that a tax cut is a tax increase or a tax complex codes were initiated that fort be made to enlist 200 Navaho Indians for increase isn’t really a tax increase be- sometimes took hours at a time simply this force. In addition to linguistic qualifica- cause there are savings that can be to decipher one message. Guadalcanal tions in English and their tribal dialect they

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The code was modified and im- the war without the heroes’ welcome cerpts of articles that have been writ- proved throughout the war, but it is so they deserved. Ironically, the code was ten around the country that capture important to note that these 29 Navajo such a precious asset to the U.S. mili- some stories recently in the Fronteras heroes came up with the original code tary that it was classified and had to Desk. An author by the name of Laurel themselves. Accordingly, they are be kept secret. While the code was de- Morales captured the story of Chester often referred to reverently as the classified in 1968, it took years to prop- Nez. It starts like this: ‘‘Growing up in ‘‘original 29.’’ We will have the honor erly decorate those veterans. In 2001, New Mexico, Chester Nez and many of of reading their names a bit later this nearly 60 years after they created their his fellow Navajo were punished for evening. legendary code, the Navajo Code Talk- speaking their language.’’ Many of these enlistees were just ers finally received their well-deserved You talk about a language as they boys with little exposure to the world Congressional Medals of Honor. were pulled away to boarding schools, outside of the Navajo reservation. Today, only one original Code Talker so many of the young Navajo across After the war, it was discovered that remains, but the tradition lives on. A the country, and the importance of recruits as young as 15 and as old as 35 delegation of the Four Corners States what they were able to accomplish dur- years of age had enlisted. In fact, a few will attempt to recognize these war- ing World War II. In the words of Major of these men traveled to other towns riors one by one and give us their Howard Connor of the 5th Marine Divi- on the reservation, outside their clan thoughts during this hour. sion, he declared that were it not for where no one knew them and their true I would like to first recognize my the Navajos, the marines would never age, in order to enlist underage and good friend from Arizona (Mr. FLAKE). have taken Iwo Jima, and the impor- serve their country. Mr. FLAKE. I thank the gentleman tance of language and what they were After sailing through basic training, for yielding and for arranging this Spe- able to accomplish. the Navajo Code Talkers were sent to cial Order. This is something that we The article goes on to read that years Marine divisions in the Pacific theater in Arizona and anywhere in the West in later, Nez was shocked to learn that of World War II. Their reputation as Utah and elsewhere have great pride in he’d been recruited by the marines spe- innovators soon spread far and wide and that this recognition, as the gen- cifically to devise a code using the amongst their commanding officers. In tleman mentioned, came far too late same language the government tried to the field, they were not allowed to and has been far too little, given the beat out of him. It was extremely iron- write any part of the code down as a amount of the impact that the Navajo ic. One of the very things they were reference. In fact, the code existed only Code Talkers had on World War II. forbidden to do—speak Navajo—ended amongst this small group. Under high So I’m pleased to be here and to lend up helping us save the war. pressure battle conditions, the Code my voice to recognition. As the gen- Mr. Nez goes on to say that he and Talkers had to quickly recall their tleman mentioned, only one of the his fellow Code Talkers first developed code accurately, or risk hundreds or original Code Talkers is still living. So an alphabet, as you described, Mr. thousands of lives. I think it’s important that we recog- GOSAR, using everyday Navajo words to Make no mistake about the gravity nize others who carried on this code represent letters of words, as you of this accomplishment. The Navajo and tradition and helped out in this talked about—submarine: iron fish; Code Talkers created the only unbro- way. besh-lo: iron fish; and hummingbird: ken code in modern military history. It This was a group, as we mentioned, dah-he-tih-hi to talk about fighter baffled the Japanese forces. It was even of many Navajos, Native Americans, planes. It’s amazing how when we indecipherable to a Navajo soldier who volunteered for the armed services talked about the Japanese and how taken prisoner and tortured on Bataan. in World War II. This was, as the gen- they were so effective at cracking The secret code created by the Nav- tleman said, very successful. It was the codes, how they couldn’t crack this ajo Code Talkers was a simple marvel only code that remained unbroken. one. of linguistic invention. It contained na- And one of the most amazing aspects of Mr. Nez goes on to say in the article tive terms that were associated with World War II is how these people came that being one of the last original Code specialized or commonly used military together, as the gentleman mentioned, Talkers, he lives in Albuquerque with language, as well as native terms that young kids in their teen years and oth- his son—a father of six children. He has represented letters in the alphabet. ers, and volunteered for this effort. It’s nine grandchildren and eight great- English words with no Navajo trans- even more remarkable when we note grandchildren. It goes on to say that lation were spelled out using the Nav- that many States did not permit Na- ‘‘today, with so many people leaving ajo alphabet. The selection of a given tive Americans to vote until the 1950s. the reservation, Navajo elders like Nez term was based on the first letter of Yet the Code Talkers were undeterred. fear their language is dying. Nez hopes the English meaning of the Navajo They wanted to help their country. Navajo children learn the story of Code word. For words that did not translate It’s fitting that we honor this group Talkers so they understand just how into Navajo, the Code Talkers created on the anniversary of the attack on critical it is to learn their own lan- code that did not directly translate, Pearl Harbor, the start of World War guage.’’ but tended to resemble the things with II, because they had such an integral And thank you for bringing us to- which they are associated. For exam- part of ensuring that that brutal war gether, Mr. GOSAR, this evening to help ple, the Navajo word for ‘‘iron fish’’ came to an end. I want to thank my celebrate the history of our Code Talk- represented submarine. I could give colleague from Arizona and others who ers, as it wasn’t until Senator BINGA- many more examples, but I think that have come here for putting together MAN moved legislation back in 2000 to one is particularly poignant. To say this timely tribute to make sure that be able to give honor to our original ‘‘America,’’ the Code Talkers used the these individuals are recognized for the 29—a few of them, at the very least, word ‘‘ne-he-mah,’’ which means ‘‘our impact that they had in ending this and their families—with gold medals, mother.’’ war and to ensure that this world re- and silver medals to the others that This brilliant code allowed our U.S. mains free. were also trained to go on. Marines to communicate quickly and Mr. GOSAR. I thank the gentleman. So I think this is an example of a few accurately. The Code Talkers’ brave I would like at this time to acknowl- stories that we’ll be submitting and work is widely credited with successes edge my good friend from New Mexico sharing this evening to be able to cele- of battle in the Pacific and, more ulti- (Mr. LUJA´ N). brate the lives and stories and the his- mately, with helping to end this tragic Mr. LUJA´ N. I thank my colleague tory, especially on today as we remem- war. from Arizona (Mr. GOSAR) for bringing ber Pearl Harbor and all the sacrifice

VerDate Mar 15 2010 04:54 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.079 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8254 CONGRESSIONAL RECORD — HOUSE December 7, 2011 and all the families we lost that day Mr. Holiday remains active with the in the index of his autobiography. And and so many brave soldiers as well. Navajo Code Talkers Association. He’s whether in artillery, tanks, aboard Thanks for bringing this tonight. I traveled throughout most of the United ships or in infantry, the Code Talkers look forward to many stories and con- States conducting presentations about played a vital role in some of the worst tinuing to share many of the articles the Code Talkers and about his life ex- battles in the Pacific theater, commu- that we’ve been able to find capturing periences before and after the war. I nicating battlefield codes that were the history and personal stories of our was very pleased to see that Mr. Holi- never, ever broken by the enemy. Their friend, our heroes, the Code Talkers day was awarded the Congressional Sil- code-talking was considered so essen- from all throughout New Mexico, Ari- ver Medal, something he was very wor- tial to the war that, unlike their coun- zona, and Utah. thy of, obviously. terparts, many of them were forced to Mr. GOSAR. I thank the gentleman It’s interesting to me that the Nav- serve straight through the war with no from New Mexico. ajo Code Talker Program was actually breaks for rest or trips back home. And At this time I would like to recognize a secret until after the war and was not today, we widely recognize that their my good friend from Utah (Mr. declassified until later in 1968. It was service helped turn the course of World CHAFFETZ). another 14 years before the Navajo War II. Mr. CHAFFETZ. Thank you. I appre- Code Talkers were recognized by the Yet because of the sheer secret of ciate the bipartisan nature in which we United States Government. In fact, in their role and the possibility that they do this. These are truly American he- December of 1982, President Ronald would be called back for the same duty roes who have made a difference in our Reagan recognized the Code Talkers for in the future, the actions of the Code lives and something we should all be their dedicated service, unique achieve- Talkers weren’t declassified until 23 proud of and never forget. I worry as ment, patriotism, resourcefulness, and years after the war ended. And it these gentlemen get older that some- courage. wasn’t until 55 years later that they how generations in the future will were bestowed with the Congressional maybe forget this. b 1940 Gold Medal of Honor and Silver Medal. I appreciate you, Mr. GOSAR, for your August 14, 1982 was proclaimed Na- To the young people of the Navajo commitment to them. I know you’re tional Navajo Code Talkers Day. I passionate about this. I can see it in Nation for whom Corporal Nez’s quiet think President Reagan did the right valor is a remarkable example, I en- your eyes when you talk about it. thing. I think it’s something that all I wanted to recognize and pay special courage you to carry on his legacy by Americans—I want my kids and people tribute to somebody who’s originally keeping the Navajo language alive and in Utah and across the Nation to recog- from Utah, Samuel Tom Holiday. He well for generations to come. nize the contributions and sacrifices was a Navajo Code Talker. He served in Mr. Speaker, I know that the Navajo that these people made. They truly the United States Marine Corps 4th Nation takes such pride in these he- made a difference in our lives; instru- Marine Division, 25th Regiment, the roes. And on behalf of all of us who owe mental in the war. H&S Company. We’re fortunate to still a tremendous debt of gratitude for I appreciate this time to be able to have him here with us in our presence their service, I’m proud to recognize recognize their achievements and help today. the courage, service, and bravery of all Mr. Holiday was born in 1924 on a to our country. the Navajo Code Talkers, and espe- Navajo reservation near the Monument Mr. GOSAR. I thank the gentleman cially Corporal Nez of Albuquerque, Valley area of Utah, down near the from Utah. New Mexico. Four Corners area. He was a Navajo I would like at this time to recognize Mr. GOSAR. I thank the gentleman Code Talker in World War II. As you my friend, the gentleman from New from New Mexico for that find. have talked about before, Code Talkers Mexico (Mr. HEINRICH). I would now like to acknowledge my transmitted tactical messages by tele- Mr. HEINRICH. I want to thank the good friend from Arizona (Mr. phone and radio in the Dine language. gentleman from Arizona for pulling us SCHWEIKERT). It was a code the Japanese were never together from around the four corners Mr. SCHWEIKERT. Thank you, Con- able to break and was very instru- to honor these incredible Native Amer- gressman GOSAR. For all of us, we truly mental in our war efforts. icans, these incredible Americans, es- appreciate you organizing this. At a young age, Samuel and his pecially on this historic anniversary. When you consider today is the 70th brothers hid from government agents And I’m certainly honored to join my anniversary of Pearl Harbor and the who came to send Navajo children to colleagues tonight to honor the quiet entry into World War II, for many of us boarding schools. Holiday said he was valor of all the Navajo Code Talkers. who grew up with family that had ultimately caught and forced to attend Today, some six decades since their served, there’s many heartbreaking a boarding school where he was not al- service during World War II, only one stories. But when we reach out and lowed to speak his native language. As of the original 29 Code Talkers, Cor- read and learn more about the Code he said, ‘‘One of the hardest times I poral Chester Nez, survives. And I am Talkers story, it’s one of the great mo- had was learning to talk English. I incredibly proud of Corporal Nez, who ments of pride for those of us from Ari- would hide cookies in my pockets to at the age of 90 resides in my congres- zona. pay the older boys to teach me English. sional district in Albuquerque with his When you consider there were—my Whenever they’’—the school instruc- son Mike, his daughter-in-law Rita, understanding is there were about 400 tors—‘‘found out I had talked Navajo, and their children. native Americans who served, but the they made me scrub floors, scrub walls. Corporal Nez’s story is much like the 27—was it 27 or 29? I spent much of my first year scrubbing hundreds of Code Talkers who followed Mr. GOSAR. Twenty-nine. the wall.’’ in his footsteps. He grew up on the Mr. SCHWEIKERT. Twenty-nine Mr. Holiday attended the school until Navajo Nation to parents who grew from Arizona, I’ve had the pleasure he was 18 years old and he was re- corn and pinto beans, kept goats and over time of meeting some of them. I cruited into the Marine Corps. Mr. Hol- sheep. And he grew up in a time when also know, as Arizona now is about to iday served in the Pacific theatre from Navajos were sharply mistreated and begin celebrating its 100th anniver- 1943 to 1945 in Saipan, Tinian, Kwaja- even unable to vote in our own elec- sary—and I have, actually, it’s a little lein Atoll, and Iwo Jima. tions in places throughout the South- bit of a silly photo, but there is actu- From Mr. Holiday: ‘‘A lot of time west. Yet in 1942, at the age of 18, he ally a smaller version of this on my they sent us where it was a very dan- sprung into action and he joined the wall in my office. A few months ago we gerous spot, and I sent messages. They 382nd Platoon in a role that is largely had our very first celebration of begin- didn’t know we were Navajo Code Talk- credited with saving thousands of ning the 1-year celebration of our cen- ers using Navajo language.’’ The very American lives. tennial as a State, and we were fea- language he was punished for using in Along with the other 28 original Code turing our Navajo Code Talkers. It is his boarding school was suddenly a Talkers, Corporal Nez developed a code something that many of us from the major asset to the United States Ma- from their unwritten language. You West are very, very proud of. And it rines. can find the code’s explanation today was also that little moment where if

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The Associated Press. ‘‘We’re very proud of built a foundation, and they actually Mr. LUJA´ N. James Dixon. it.’’ have a wonderful Web site that has Mr. GOSAR. Carl N. Gorman. Nez tells the story succinctly. He is the data and stories. It is Mr. LUJA´ N. Oscar B. Ilthma. last of the original group able to do so. One navajocodetalkers.org. I encourage Mr. GOSAR. Allen Dale June. can hardly speak or hear, and the memory of Mr. LUJA´ N. Alfred Leonard. the third is severely tested by Alzheimer’s anyone to reach out and grab some of disease. that information. These are powerful Mr. GOSAR. Johnny R. Manuelito. ´ The 89-year-old Nez is limited, too. He is in stories of incredible service to our Mr. LUJAN. William McCabe. a wheelchair after diabetes led to the ampu- country in a time of great need with a Mr. GOSAR. Chester Nez. tation of both legs. These days, he’d rather ´ very unique skill and talent. Mr. LUJAN. Jack Nez. ‘‘just sit around, take it easy,’’ he said. I thank the gentleman from Arizona Mr. GOSAR. Lloyd Oliver. As a boy, Nez lived in a traditional Navajo Mr. LUJA´ N. Joe Palmer. home and helped his family tend to sheep in for organizing this. Two Wells on the eastern side of the vast Mr. GOSAR. I thank the gentleman Mr. GOSAR. Frank Danny Pete. Mr. LUJA´ N. Nelson S. Thompson. 27,000-square-mile reservation. from Arizona. He played with toy cars, went barefoot, I want to take a few moments and Mr. GOSAR. Harry Tsosie. ´ and spoke only his native language. That honor one of our own in Arizona who Mr. LUJAN. John Willie. changed when he was sent to one of the just recently died. It is my humble Mr. GOSAR. William Dean Wilson. boarding schools set up by the federal gov- privilege to honor Allen Dale June, one Does my friend have any further ernment to assimilate American Indian chil- of the original 29 Code Talkers. He died comments? dren into the broader culture. Mr. LUJA´ N. Only to say again, Mr. At boarding school, Nez said he had his just recently in September of 2010 at mouth washed out with soap for speaking GOSAR, as we celebrate tonight, to the age of 91. He passed away of nat- Navajo—ironic indeed, considering the vital ural causes at the Veterans Hospital in never forget about the contributions of role that the unique language—and Nez— Prescott, Arizona, which is in my dis- the Navajo people to our great Nation, would come to play. trict. He is survived by his wife and 10 with the work that they’ve done not Nez was in 10th grade when a Marine re- children and was buried in Kaibeto, in only through the Cold War, but going cruiter came looking for young Navajos who back to all the work that was done. were fluent in Navajo and English to serve in the heart of Navajo reservation. World War II. He jumped at the chance to de- June, who attained the rank of ser- b 1950 fend his country, and to leave boarding geant, received the Congressional Gold As we pointed out earlier, in the school. He kept the decision to enlist a se- Medal in 2001 along with other mem- words of Major Howard Connor, if it cret from his family and lied about his age, bers of the original Code Talkers. When were not for the Navajos, the marines as did many others. he died, Navajo Nation Council Speak- ‘‘I told my roommate, ‘Let’s try it out,’ never would have taken Iwo Jima. It’s and that’s what we did,’’ Nez said. ‘‘One rea- er Lawrence Morgan said, ‘‘The Navajo a great night to be here to celebrate, Nation lost a great warrior. His unique son we joined is the uniform—they were so and I thank you for bringing us to- pretty, dress uniforms.’’ service to his country brought positive gether. About 250 Navajos showed up at Fort Defi- attention to the Navajo Nation. He will I would like to submit into the ance, Ariz., then a U.S. Army base. But only be missed.’’ RECORD an article from the Santa Fe 29 were selected to join the first all-Native According to his wife, Virginia, June New Mexican, dated August 29, 2010, American unit of Marines. They were in- ducted in May 1942. first tried to sign up for the Marines in also capturing the story telling and his hometown of Kaibeto, but a re- After basic training, the 382nd Platoon was talking about Mr. Chester Nez, as well tasked with developing the code. cruiter told him he was too young. He as the article, ‘‘The Last of the Navajo There Nez met Allen Dale June and Lloyd then traveled to the reservation town Code Talkers,’’ by Laurel Morales, Oliver, among the others. Using Navajo of Chinle to enlist because he figured which was listed in the Fronteras words for red soil, war chief, clan, braided people there wouldn’t recognize him Desk. hair, beads, ant and hummingbird, for exam- and he could lie about his age and forge ple, they came up with a glossary of more [From the SantaFeNewMexican.com, Aug. than 200 terms, later expanded, and an alpha- his father’s signature. This dedication 29, 2010] and determination to serve their coun- bet. AN ORIGINAL CODE TALKER KEEPS TALE At first, Nez said, the concern was whether try was common among the Code Talk- ALIVE—FEW REMAINING MEMBERS OF ELITE or not the code could work. Then it proved ers and shows character and bravery NAVAJO MARINE UNIT impenetrable. ‘‘The Japanese did everything that we all should emulate. (By Felicia Fonseca) in their power to break the code but they Allen June was a humble man who never did,’’ he said. ALBUQUERQUE.—Tourists hurry inside a did not like to brag about much, even Nez no longer remembers the code in its shop here to buy books about the famed Nav- entirety, but easily switches from English to his remarkable service as a Code Talk- ajo Code Talkers, warriors who used their er. However, in the last years of his life Navajo to repeat one instruction he delivered native language as their primary weapon. during fighting on Guadalcanal. he wore his service proudly, sporting a Outside, on a walk sheltered from the sun, ‘‘I always remember this one,’’ Nez said. red Navajo Code Talker cap with his nine of the Code Talkers sit at a table auto- ‘‘Enemy machine gun on your right flank, name on it. graphing the books. Each is an old man now. destroy!’’ I would like to take an opportunity They wear similar caps and shirts, the scar- The Navajos trained in radio communica- and see if my colleague from New Mex- let and gold of the Marine Corps, and tur- tions were walking copies of the code. Each quoise jewelry. ico would entertain a colloquy back message read aloud by a Code Talker was im- One of these men, who signs his name as mediately destroyed. and forth giving the roll call of the Cpl. Chester Nez, is distinguished from the ‘‘When you’re involved in the world of names of the 29. others. Below his signature, he jots down ´ cryptology, you not only have to provide in- Mr. LUJAN. It would certainly be an why: 1st Original 29. formation, you have to protect that,’’ said honor, Mr. GOSAR. Before hundreds of Code Talkers were re- Patrick Weadon, curator of the National Mr. GOSAR. Thank you, sir. cruited from the Navajo Nation to join the Cryptologic Museum. ‘‘And there’s no better The roll call for the Navajo Code elite unit, 29 Navajos were recruited to de- example than the Navajo Code Talkers dur- Talkers, the original 29: velop the code—based on the then-unwritten ing World War II.’’ Charlie Y. Begay. Navajo language—that would confound Japa- The Code Talkers were constantly on the nese military cryptologists and help win Mr. LUJA´ N. Royal L. Begay. move, often from foxhole to foxhole. Nez had World War II. a close call in Guam with a sniper’s bullet Mr. GOSAR. Samuel Begay. ´ Of the Original 29, only three survive. Nez that whizzed past his head and struck a palm Mr. LUJAN. John Ashi Benally. is one. tree. Mr. GOSAR. Wilsie Bitsie. The Code Talkers took part in every as- Once while running a message, Nez and his Mr. LUJA´ N. Cosey S. Brown. sault the Marines conducted in the Pacific, partner were mistaken for Japanese soldiers

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and were threatened at gunpoint until a Ma- being interviewed at the studios of KUNM in NAVAJO CODE TALKER LIST rine lieutenant cleared up the confusion, his Albuquerque for Veterans Day. CONFIRMED BY MARINE CORPS, AS OF 17 JULY son, Michael, said. Years later, Nez was shocked to learn he’d 2001 ‘‘Of course Dad couldn’t tell them he was a been recruited by the Marines, specifically 1. Akee, Dan 818638 Code Talker,’’ Nez’s son said. to devise a code using the same language the 2. Anthony, Franklin 990074 The Code Talkers had orders not to discuss government tried to beat out of him. Judith 3. Apache, Jimmie 936773 their roles—not during the war and not until Avila helped Nez write his memoir Code 4. Arviso, Bennie 894438 their mission was declassified 23 years later. Talker, which was just published. 5. Ashike, Earl 990140 In 2001 Nez, Dale and June traveled aboard ‘‘It was extremely ironic one of the very 6. Ashley, Regis 894674 the same plane to Washington, D.C., to re- things they were forbidden to do—speak Nav- 7. Attikai, Harold 990084 ceive the Congressional Gold Medal. The rec- ajo—ended up helping save us during the 8. Augustine, John 894402 ognition, which they didn’t receive when war,’’ Avila said. During World War II, the Japanese had 9. Ayze, Lewis 990075 they returned home from war, propelled 10. Bahe, Henry 479876 them to a sort of celebrity status, along with cracked code after code the U.S. military used to hide their communications. Then, a 11. Bahe, Woody 875423 the release of a movie based on the Code 12. Baldwin, Benjamin 818564 Talkers the following year Marine by the name of Philip Johnston, who had been raised on the Navajo Nation by 13. Beard, Harold 894537 They appeared on television, rode on floats 14. Becenti, Roy L. 831055 in parades and were asked to speak to vet- white missionaries, suggested enlisting the help of the Navajo tribe. They became known 15. Bedoni, Sidney 479771 erans groups and students. 16. Begay, Carlos 818566 Nez threw the opening pitch at a 2004 as the code talkers. Navajo, or Dine as it’s called, is a spoken 17. Begay, Charlie Sosie 830976 Major League Baseball game and blessed the language. And few non-Navajos understand 18. Begay, Flemming 830977 presidential campaign of John Kerry. Oliver its complexities. Nez and his fellow code 19. Begay, George 990132 traveled with other Code Talkers as guests of talkers first developed an alphabet using 20. Begay, Henry 990142 honor in the nation’s largest Veterans Day every day Navajo words to represent letters, 21. Begay, Jerry C. 830979 parade in New York last year. like the Navajo word for ant became ‘‘A.’’ 22. Begay, Joe 990094 When residents of Longmont, Colo., heard Chester Nez, seen here during World War 23. Begay, Lee 990116 that June and his wife did not have a perma- II, is 90 and the last of the original 29 Navajo 24. Begay, Leo 990126 nent home, they raised money to buy one for Code Talkers. 25. Begay, Leonard 990210 the couple. Then they came up with words for military 26. Begay, Notah 875405 The last three survivors of the Original 29 terms. In Navajo, there is no word for bomb. 27. Begay, Paul 479917 don’t live on the Navajo Nation, where they So they called it an egg. A fighter plane was 28. Begay, Samuel H. 358525 are celebrated with a tribal holiday. They the Navajo word for hummingbird. 29. Begay, Thomas H. 537144 wonder about each other, but it’s unlikely ‘‘And the Japanese tried everything in 30. Begay, Walter 990073 they’ll reunite again. their power to try to decipher our code, but 31. Begay, Willie K.1000016 After World War II, Nez volunteered to they never succeeded,’’ Nez said. 32. Begay, Wilson J. 894417 serve two more years during the Korean War He and his fellow code talkers were faced 33. Begody, David M. 990209 and retired in 1974 after a 25-year career as a with many cultural challenges during the 34. Begody, Roger 875422 painter at the veterans hospital in Albu- war. The most difficult was dealing with so 35. Belinda, Wilmer 875407 querque. much death. 36. Belone, Harry 936837 June, 88, has spent the past few weeks in The Navajo believe when you encounter a 37. Benallie, Jimmie D. 964665 and out of hospitals in Wyoming and Ari- dead body that person’s spirit stays with 38. Benally, Harrison Lee 1000075 zona, and requires round-the-clock care. His you. Coming home after the war, Nez remem- 39. Benally, Harry 894507 third wife, Virginia, calls herself ‘‘the bered being haunted by these spirits. 40. Benally, Jimmie L. 831045 charm’’ and the protector of an endangered ‘‘They were all around me. I actually see 41. Benally, Johnson D. 875371 species. them alongside my bed,’’ Nez said. ‘‘This was 42. Benally, Samuel 1000078 She’s a walking promotion for him and the one of the bad omen.’’ 43. Benton, Sr., Willie 830980 Marine Corps, yet she’s careful of how much His family performed a ceremony called 44. Bernard, John 875276 she says because he thinks it is unwelcome the ‘‘enemy way’’ to cleanse him After that, 45. Betone, Lloyd 830963 bragging. Nez said, he felt free of the ghosts. 46. Bia, Andrew 990072 Oliver’s wife, Lucille, echoes similar senti- The code talker program was secret. When 47. Billey, Wilfred 830982 ments about her husband. Oliver displayed Nez and the others arrived home in 1945, 48. Billie, Ben 1000045 few reminders in what, until earlier this there was no fanfare. The code remained ac- 49. Billiman, Howard 521004 year, was his home on the Yavapai Indian tive for years after the war; it wasn’t declas- sified until 1968. Still, it took decades before 50. Billison, Samuel (Dr.) 831074 reservation in Camp Verde, Ariz.—a few the men were officially recognized. 51. Billy, Sam Jones 830981 framed pictures, a Marine cap above his bed- In 2000, New Mexico Senator Jeff Bingaman 52. Bitsie, Peter J. 1000037 room window and a U.S. flag above the door- introduced legislation to honor the code 53. Bitsoie, Delford 990061 way. talkers. The following year—nearly six dec- 54. Bizardie, Jesse 875495 ‘‘He just put the past behind him, I guess,’’ ades after the code was written—president 55. Black, Jesse 990205 she says. George W. bush awarded them Congressional Oliver, 87, speaks audibly but his words are 56. Blatchford, Paul 818633 Gold Medals. difficult to understand. His hearing is im- 57. Bluehorse, David M. 831043 ‘‘Today we give these exceptional Marines 58. Bowman, John Henry 403099 paired and he prefers not to have a hearing the recognition they earned so long ago,’’ aid. 59. Bowman, Robert 936938 President Bush told a televised crowd at the 60. Brown, Arthur 990125 Both June and Oliver had brothers who Capital Rotunda. later served as Code Talkers. 61. Brown, Clarence Paul 990088 Only five of the original 29 were still alive. 62. Brown, Tsosie Herman 990202 Nez tells the tourists seeking autographs Chester Nez stood tall, puffed out his chest in Albuquerque that he’s part of the Original 63. Brown, William Tully 990109 and saluted the president, while the crowd— 64. Buck, Wilford 1000019 29, but few appear to grasp what that means. many relatives of code talker families—gave ‘‘Most of them,’’ he says of the tourists, 65. Burke, Bobby 894411 the group a standing ovation. 66. Burnie, Jose 1000100 ‘‘they just thank me for what we did.’’ ‘‘This gold medal is something I will treas- 67. Burnside, Francis 548184 ure for as long as I live,’’ said Nez, now 90- 68. Burr, Sandy 830984 [From the Fronteras Desk, Nov. 11, 2011] years-old. The last original code talker lives in Albu- 69. Cadman, William 936839 THE LAST OF THE NAVAJO CODE TALKERS 70. Calleditto, Andrew 448919 (By Laurel Morales) querque with his son. The father of six chil- dren, he has nine grandchildren and eight 71. Carroll, Oscar Tsosie 894622 FLAGSTAFF.—Only one veteran Navajo code great grandchildren. 72. Cattle Chaser, Dennis 479729 talker remains of the original 29 Navajo Ma- Today with so many people leaving the res- 73. Cayedito, Del 830985 rines who used their native language to de- ervation, Navajo elders like Nez fear their 74. Cayedito, Ralph 830986 vise an unbreakable code during World War language is dying. Nez hopes Navajo children 75. Charley, Carson Bahe 894600 II. learn the story of the code talkers, so they 76. Charlie, Sam 990199 Growing up in New Mexico, Chester Nez understand just how critical it is to learn 77. Chase, Frederick 479873 and many of his fellow Navajo were punished and use their own language. 78. Chavez, George 831098 for speaking their language. In the 1920s, Nez 79. Chee, Guy 990200 attended one of many government run board- Mr. GOSAR. I thank the gentleman 80. Clah, Stewart 965051 ing schools that attempted to erase Indian from New Mexico for his contribution. 81. Claw, Thomas 818547 culture and language. I would also like to start by going 82. Cleveland, Billie 521016 ‘‘I often think about the things I went through the further list of the Navajo 83. Cleveland, Ned 894519 through, all the hardships,’’ Nez said. He was Code Talkers in the honor roll: 84. Cody, Leslie 479834

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.065 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8257 85. Cohoe, James Charles 416497 173. Malone, Rex 831101 261. Todacheene, Frank Carl 990105 86. Craig, Bob Etcitty 830988 174. Malone, Robert 831075 262. Tohe, Benson 537165 87. Crawford, Karl Kee 478278 175. Maloney, James 990085 263. Toledo, Curtis 831051 88. Cronemeyer, Walter 990201 176. Maloney, Paul E. 875431 264. Toledo, Frank 479759 89. Crosby, Billy 990035 177. Manuelito, Ben C. 479800 265. Toledo, Preston 479757 90. Csinnjinni, Carl 416351 178. Manuelito, Ira 831005 266. Toledo, Willie 479756 91. Dale, Ray 448911 179. Manuelito, James C. 831060 267. Towne, Joseph H. 479721 92. Damon, Anson C. 990227 180. Manuelito, Peter 1000234 268. Towne, Zane 479770 93. Davis, Tully 875378 181. Marianito, Frank 936841 269. Tso, Chester H. 894413 94. Deel, Martin Dale 818563 182. Mark, Robert 990093 270. Tso, Howard B. 894677 95. Dehiya, Dan 830989 183. Martin, Matthew 894406 271. Tso, Paul Edward 990071 96. Dennison, Leo 990107 184. Martinez, Jose 894550 272. Tso, Samuel 818546 97. Dodge, Jerome Cody 894478 185. McCraith, Archibald 990110 273. Tsosie, Alfred 831019 98. Doolie, John 830990 186. Mike, King Paul 894671 274. Tsosie, Cecil G. 831020 99. Doolie, Richardson 479723 187. Miles, General 990096 275. Tsosie, Collins D. 831021 100. Draper, Nelson 990098 188. Moffitt, Tom Clah 894473 276. Tsosie, Kenneth 831025 101. Draper, Teddy Sr. 875345 189. Morgan, Jack C. 830932 277. Tsosie, Samuel Sr. 479913 102. Etsicitty, Kee 830991 190. Morgan, Ralph 448920 278. Upshaw, John 990099 103. Etsitty, Deswood 875304 191. Morris, Joe 894601 279. Upshaw, William 875364 104. Evans, Harold 990097 192. Moss, George 990093 280. Vandever, Joe 831026 105. Foghorn, Ray 830992 193. Multine, Oscar P. 875314 281. Wagner, Oliver 990162 106. Francisco, Jimmy 818625 194. Murphy, Calvin H. 875360 282. Wallace, Stephan P. 1000022 107. Gatewood, Joseph P. 479889 195. Nagurski, Adolph N. 875384 283. Walley, Robert 831027 108. George, William 894441 196. Nahkai, James T. Jr. 831006 284. Werito, John 831052 109. Gishal, Milton M. 875283 197. Nakaidinae, Peter Sr. 479861 285. Whitman, Lyman J. 894466 110. Gleason, Jimmie 894446 198. Napa, Martin Felix 286. Willetto, Frank, Jr. 831029 111. Goodluck, John 830933 199. Negale, Harding 936842 287. Willetto, Frankie Chee 894509 112. Gorman, Tom 818627 200. Newman, Alfred 831007 288. Williams, Alex 875338 113. Grayson, Bill L. 990052 201. Nez, Arthur 1000176 289. Williams, Kenneth 875370 114. Greymountain, Yazzie 894538 202. Nez, Freeland 875252 290. Willie, George B. 875408 115. Guerito, Billy Lewis 830994 203. Nez, Israel Hosteen 479769 291. Woody, Clarence Bahi 990092 116. Gustine, Tully 830995 204. Nez, Sidney 894511 292. Yazhe, Ernest 448949 117. Guy, Charles 875406 205. Notah, Roy 448914 293. Yazhe, Harrison A. 875363 118. Harding, Ben Williams 990091 206. Notah, Willie Anthony 875300 294. Yazza, Peter 875442 119. Harding, Jack W. 479888 207. O’Dell, Billy 479877 295. Yazza, Vincent 1000109 120. Hardy, Tom 894628 208. Oliver, Willard V. 831008 296. Yazzie, Clifton 894593 121. Harrison, Emmett 894479 209. Paddock, Layton 479871 297. Yazzie, Daniel 831030 122. Haskie, Ross 358587 210. Pahe, Robert D. 831114 298. Yazzie, Eddie Melvin 521223 123. Hawthorne, Roy Orville 990027 211. Parrish, Paul A. 416414 299. Yazzie, Edison Kee 875390 124. Haycock, Bud 990196 212. Patrick, Amos Roy 936843 300. Yazzie, Felix 416408 125. Hemstreet, Leslie 936840 213. Patterson, David Earl 831043 301. Yazzie, Francis 1000101 126. Henry, Albert 830996 214. Peaches, Alfred James 875372 302. Yazzie, Frank H. 990101 127. Henry, Edmund Juan 830997 215. Peshlakai, Sam 894440 303. Yazzie, Harding 894480 128. Henry, Kent Carl 936779 216. Peterson, Joe Sr. 1000089 304. Yazzie, Harold 537154 129. Hickman, Dean Junian 990103 217. Pinto, Gaul (Guy) 831047 305. Yazzie, Joe Shorty 830962 130. Holiday, Calvin 990198 218. Pinto, John Senator 990189 306. Yazzie, John 990113 131. Holiday, Samuel Tom 818614 219. Platero, Richard 894460 307. Yazzie, Justin D. 1000126 132. Housewood, Johnson 448907 220. Preston, Jimmie 479801 308. Yazzie, Lemuel Rev. 990062 133. Housteen, Dennie 479730 221. Reed, Sam 875369 309. Yazzie, Ned 990112 134. Howard, Ambrose 818574 222. Roanhorse, Harry C. 831011 310. Yazzie, Pahe Denet 479773 135. Hubbard, Arthur Jose 1000128 223. Sage, Andy 831012 311. Yazzie, Raphael 831053 136. Hudson, Lewey 894521 224. Sage, Denny 818604 312. Yazzie, Robert 831031 137. Hunter, Tom 875445 225. Salabiye, Jerry E. 1000024 313. Yazzie, William 875347 138. James, Benjamin 830998 226. Sandoval, Peter P. 831088 314. Yellowhair, Leon 990100 139. James, Billie 875301 227. Sandoval, Samuel F. 831013 315. Yellowhair, Stanley 818600 140. James, George B. 875342 228. Sandoval, Thomas 831014 316. Yellowman, Howard 831032 141. Johle, Elliott 894447 229. Scott, John 875415 317. Yoe, George 990119 142. John, Charlie T. 875395 230. Sells, John C. 936956 318. Zah, Henry 894551 143. John, Leroy M. Sr. 448918 231. Shields, Freddie 894442 144. Johns, Edmund 448908 232. Shorty, Dooley 1000177 LISTED, BUT NOT CONFIRMED 145. Johnny, Earl 830999 233. Shorty, Robert T. 831049 1. Alfred, Johnnie 479728 146. Johnson, Deswood R. 844625 234. Silversmith, Joe A. 831015 2. Allen, Perry 818534 147. Johnson, Francis T. 479772 235. Silversmith, Sammy 831050 3. Becenti, Ned 448948 148. Johnson, Johnnie 537164 236. Singer, Oscar Jones 990122 4. Begay, Edward 474862 149. Johnson, Peter 894412 237. Singer, Richard 479774 5. Begay, Jimmie 419878 150. Johnson, Ralph 990086 238. Skeet, Wilson Chee 1000081 6. Begay, Johnson 965045 151. Jones, Jack 818548 239. Slinkey, Richard T. 479727 7. Brown, Ned 818534 152. Jones, Tom H. Jr. 831001 240. Slivers, Albert J. Sr. 990068 8. Clark, Jimmie 830987 153. Jordan, David 831000 241. Smiley, Arcenio 894508 9. Fowler, King 990080 154. June, Floyd 479768 242. Smith, Albert 831062 10. Gray, Harvey 448909 155. Keams, Percy 990028 243. Smith, George 831063 11. Jenson, Nevy 990178 156. Keedah, Wilson 894673 244. Smith, Raymond R. 857535 12. Jose, Teddy 448913 157. Kellwood, Joe H. 479704 245. Smith, Samuel Jesse 831073 13. Kennepah, Jessie 358451 158. Kescoli, Alonzo 875397 246. Soce, George B. 831016 14. Morgan, Herbert 448922 159. Ketchum, Bahe 875416 247. Sorrell, Benjamin G. 448905 15. Morgan, Sam 831100 160. King, Jimmie 448910 248. Spencer, Harry 990197 16. Nez, Howard 403039 161. Kinlacheeny, Paul 894414 249. Tabaha, Johnnie 990076 17. Nez, Howard H. 831086 162. Kinsel, John 448912 250. Tah, Alfred 479831 18. Otero, Tom 831009 163. Kirk, George H. 831003 251. Tah, Edward 894676 19. Singer, Tom 448916 164. Kirk, Leo 585379 252. Talley, John N. 831017 20. Smith, Enoch 998953 165. Kiyaani, Mike 894629 253. Tallsalt, Bert 990082 21. Sorrel, Jerome 448915 166. Kontz, Rex T. 448921 254. Thomas, Edward 990129 22. Tsosie, David W. 831022 167. Lapahie, Harrison 831046 255. Thomas, Richard 894520 23. Tsosie, Howard 964998 168. Largo, James 990095 256. Thompson, Clare M. 875458 24. Tsosie, Howard J. 831024 169. Little, Keith M. 818629 257. Thompson, Everett M. 818518 25. Whitman, Joe Reid 831028 170. Lopez, Tommy K. 831059 258. Thompson, Francis T. 537182 26. Wilson, William 567102 171. MacDonald, Peter 1000079 259. Thompson, Frank T. 403057 27. Yazzie, Charley H. 831054 172. Malone, Max 894621 260. Todacheene, Carl Leon 831018 28. Yazzie, Sam W. 990036

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.068 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE H8258 CONGRESSIONAL RECORD — HOUSE December 7, 2011 PENDING/WAITING FOR RECORDS He recovered from his injuries on a partment of Defense, transmitting the De- 1. Anderson, Edward 956330 hospital ship at sea after refusing to be partment’s final rule — Defense Federal Ac- 2. Brown, N.A. 964770 sent home to the U.S. because he want- quisition Regulations Supplement (DFARS 3. Burnside, Francis A. 548184 ed to be part of the invasion of Japan, Case 2009-D036) (RIN: 0750-AG66) received No- 4. Curley, Rueban 875229 vember 18, 2011, pursuant to 5 U.S.C. should that be necessary. 801(a)(1)(A); to the Committee on Armed 5. David, Alfred Back home, Werito settled in Denver 6. Dooley, Richard 807198 Services. 7. Foster, Harold Y. 537154 where he served as a letter carrier for 4179. A letter from the Director, Defense 8. Freeman, Edwin the U.S. Postal Service. He passed Procurement and Acquisition Policy, De- 9. Goldtooth, Emmett away in 1983 and is buried at Fort partment of Defense, transmitting the De- 10. Goodman, Billie 875280 Logan National Cemetery in Colorado. partment’s final rule — Defense Federal Ac- 11. Harthorn, Rodger 2314982 Werito was posthumously awarded quisition Regulations Supplement (DFARS Case 2011-D050) (RIN: 0750-AH44) received No- 12. Jake, H. the Silver Congressional Medal of 13. Kien, William 831058 vember 18, 2011, pursuant to 5 U.S.C. Honor in 2002. His widow, Rose, and 801(a)(1)(A); to the Committee on Armed 14. Leroy, George children, Nellie and Michael, attended 15. Leuppe, Edward 381004 Services. 16. Nazwood, Johnson the ceremony in Window Rock, Ari- 4180. A letter from the Director, Defense 17. Peterson, David 831043 zona, on the Navajo Nation. Procurement and Acquisition Policy, De- 18. Price, Joe F. 894626 I thank Mr. Werito for his courage in partment of Defense, transmitting the De- 19. Price, Wilson H. 358592 fighting a brutal enemy in the Pacific. partment’s final rule — Defense Federal Ac- 20. Sandoval, Merril Leon 831048 The Code Walkers of all tribes are a quisition Regulations Supplement (DFARS 21. Tracey, Peter 257670 Case 2011-D053) (RIN: 0750-AH46) received No- special class of brave warriors who de- vember 18, 2011, pursuant to 5 U.S.C. 22. Tsosie, Woody B. serve our continued recognition. 23. Visalia, Buster 801(a)(1)(A); to the Committee on Armed f Services. NOT LISTED 4181. A letter from the Director, Defense 1. Babiye, Don LEAVE OF ABSENCE Procurement and Acquisition Policy, De- 2. Barber, Willie By unanimous consent, leave of ab- partment of Defense, transmitting the De- 3. Begaye, Flemming 830977 sence was granted to: partment’s final rule — Defense Federal Ac- 4. Bejay, Charlie Mr. NADLER (at the request of Ms. quisition Regulations Supplement (DFARS 5. Burbank, Askee Case 2011-D031) (RIN: 0750-AH30) received No- PELOSI) for today and December 8 on 6. Clauschee, Guy 990200 vember 18, 2011, pursuant to 5 U.S.C. 7. Hanigahnie Jake account of a family matter. 801(a)(1)(A); to the Committee on Armed 8. Kent, Carl Henry f Services. 4182. A letter from the Chief Counsel, De- 9. Livingston, ? SENATE ENROLLED BILLS SIGNED 10. Lod(v?)ato, Joe T. partment of Homeland Security, transmit- 11. Martinez, Martin The Speaker announced his signature ting the Department’s final rule — Changes 12. Peshlakai, Wallace Jr. to enrolled bills of the Senate of the in Flood Elevation Determinations [Docket 13. Singer, William following titles: ID: FEMA-2011-0002] received November 15, 14. Yazzie ?, Leon 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the S. 1541. An act to revise the Federal char- 15. Yazzie, Peter Committee on Financial Services. ter for the Blue Star Mothers of America, It is with that I submit those names 4183. A letter from the Chief Counsel, De- Inc. to reflect a change in eligibility require- partment of Homeland Security, transmit- on a wonderful treasure from the Four ments for membership. ting the Department’s final rule — Final Corners to America, and what they S. 1639. An Act to amend title 36, United Flood Elevation Determinations [Docket ID: gave this country is so valuable. You States Code, to authorize the American Le- FEMA-2011-0002] received November 16, 2011, look back on their life and what they gion under its Federal charter to provide pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- gave us is immeasurable. What I would guidance and leadership to the individual de- mittee on Financial Services. partments and posts of the American Legion, 4184. A letter from the Chief Counsel, De- also like to do is honor them on today, and for other purposes. the anniversary of Pearl Harbor; and I partment of Homeland Security, transmit- f ting the Department’s final rule — Changes hope that we would look fondly on ADJOURNMENT in Flood Elevation Determinations [Docket their attributes and what they gave to ID: FEMA-2011-0002] [Internal Agency Docket this great country because we are all Mr. LAMBORN. Mr. Speaker, I move No.: FEMA-B-1225] received November 15, great because of them. that the House do now adjourn. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the I also want to take the liberty of ac- The motion was agreed to; accord- Committee on Financial Services. knowledging one other person. It’s her ingly (at 8 o’clock and 8 minutes p.m.), 4185. A letter from the Assistant General Counsel for Regulatory Affairs, Consumer birthday today. It’s my mom. She under its previous order, the House ad- turned 78. Happy birthday, Mom. Product Safety Commission, transmitting journed until tomorrow, Thursday, De- the Commission’s final rule — Virginia I yield back the balance of my time. cember 8, 2011, at 9 a.m. Graeme Baker Pool and Spa Safety Act; In- f f corporation by Reference of Successor Standard received November 16, 2011, pursu- NAVAJO CODE TALKERS EXECUTIVE COMMUNICATIONS, ant to 5 U.S.C. 801(a)(1)(A); to the Committee (Mr. LAMBORN asked and was given ETC. on Energy and Commerce. permission to address the House for 1 Under clause 2 of rule XIV, executive 4186. A letter from the Deputy Archivist of communications were taken from the the United States, National Archives and minute.) Records Administration, transmitting the Mr. LAMBORN. Mr. Speaker, on this, Speaker’s table and referred as follows: Administration’s final rule — NARA Records the 70th anniversary of the attack on 4176. A letter from the Acting Adminis- Reproduction Fees [NARA-11-0002] (RIN: Pearl Harbor, I want to recognize a trator, Department of Agriculture, transmit- 3095-AB71) received November 15, 2011, pursu- group of unique Americans who made ting the Department’s final rule — Christ- ant to 5 U.S.C. 801(a)(1)(A); to the Committee an invaluable contribution to winning mas Tree Promotion, Research, and Informa- on Oversight and Government Reform. the war in the Pacific—Native Amer- tion Order [Doc. No.: AMS-FV-10-0008-FR-1A] 4187. A letter from the Deputy Assistant (RIN: 0581-AD00) received November 15, 2011, Administrator for Regulatory Programs, ican Code Talkers. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- NMFS, National Oceanic and Atmospheric John Werito of southwest Colorado mittee on Agriculture. Administration, transmitting the Adminis- was assigned to the 4th Marine Divi- 4177. A letter from the Management and tration’s final rule — Fisheries of the North- sion in Maui, Hawaii. He first saw ac- Program Analyst, Directives and Regula- eastern United States; Monkfish; Framework tion when his division landed on Roi tions, Forest Service, Department of Agri- Adjustment 7 [Docket No.: 101119575-1554-02] Namur, part of the Marshall Islands, culture, transmitting the Department’s final (RIN: 0648-BA46) received November 15, 2011, then a Japanese stronghold. rule — Community Forest and Open Space pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- From there, the 4th Division took Conservation Program (RIN: 0596-AC84) re- mittee on Natural Resources. ceived November 15, 2011, pursuant to 5 4188. A letter from the Deputy Assistant Saipan where Werito was wounded. U.S.C. 801(a)(1)(A); to the Committee on Ag- Administrator for Operations, NMFS, Na- After recovering from his injuries, he riculture. tional Oceanic and Atmospheric Administra- took part in the invasion of Iwo Jima, 4178. A letter from the Director, Defense tion, transmitting the Administration’s final where he was wounded a second time. Procurement and Acquisition Policy, De- rule — Magnuson-Stevens Act Provisions;

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.073 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8259 Fisheries Off West Coast States; Pacific tional Oceanic and Atmospheric Administra- 4204. A letter from the Chief, Publications Coast Groundfish Fishery; Amendments 20 tion, transmitting the Administration’s final and Regulations, Internal Revenue Service, and 21; Trawl Rationalization Program; Cor- rule — Fisheries of the Exclusive Economic transmitting the Service’s final rule — Up- recting Amendments [Docket No.: 110721401- Zone Off Alaska; Reallocation of Crab Pro- date List of Areas Included in ‘‘North Amer- 1470-01] (RIN: 0648-BB31) received November hibited Species Catch Allowances in the Ber- ican Area’’; Under IRC Section 274(h) (Rev. 16, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to ing Sea and Aleutian Islands Management Rul. 2011-26) received November 15, 2011, pur- the Committee on Natural Resources. Area [Docket No.: 101126521-0640-02] (RIN: suant to 5 U.S.C. 801(a)(1)(A); to the Com- 4189. A letter from the Acting Director, Of- 0648-XA784) received November 15, 2011, pur- mittee on Ways and Means. fice of Sustainable Fisheries, NMFS, Na- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 4205. A letter from the Management and tional Oceanic and Atmospheric Administra- mittee on Natural Resources. Program Analyst, Directives and Regula- tion, transmitting the Administration’s final 4197. A letter from the Acting Director, Of- tions, Forest Service, Department of Agri- rule — Pacific Cod by Vessels Harvesting Pa- fice of Sustainable Fisheries, NMFS, Na- culture, transmitting the Department’s final cific Cod for Processing by the Inshore Com- tional Oceanic and Atmospheric Administra- rule — Prohibitions — Developed Recreation ponent in the Central Regulatory Area of the tion, transmitting the Administration’s final Sites (RIN: 0596-AC98) received November 15, Gulf of Alaska [Docket No.: 101126522-0640-02] rule — Fisheries of the Northeastern United 2011, pursuant to 5 U.S.C. 801(a)(1)(A); jointly (RIN: 0648-XA759) received November 15, 2011, States; Atlantic Herring Fishery; Adjust- to the Committees on Agriculture and Nat- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment to the Atlantic Herring Management ural Resources. mittee on Natural Resources. Area 1A Sub-Annual Catch Limit [Docket 4190. A letter from the Deputy Assistant No.: 0907301205-0289-02] (RIN: 0648-XA767) re- f Administrator for Regulatory Services, ceived November 15, 2011, pursuant to 5 REPORTS OF COMMITTEES ON NMFS, National Oceanic and Atmospheric U.S.C. 801(a)(1)(A); to the Committee on Nat- PUBLIC BILLS AND RESOLUTIONS Administration, transmitting the Adminis- ural Resources. tration’s final rule — Magnuson-Stevens Act 4198. A letter from the Director Office of Under clause 2 of rule XIII, reports of Provisions; Fisheries Off West Coast States; Sustainable Fisheries, NMFS, National Oce- committees were delivered to the Clerk Pacific Coast Groundfish Fishery; Biennial anic and Atmospheric Administration, trans- for printing and reference to the proper Specifications and Management Measures; mitting the Administration’s final rule — calendar, as follows: Correction [Docket No.: 100804324-1496-05] Fisheries of the Exclusive Economic Zone (RIN: 0648-BA01) received November 16, 2011, Off Alaska; Pacific Cod by Vessels Har- Mr. WEBSTER: Committee on Rules. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- vesting Pacific Cod for Processing by the House Resolution 487. Resolution providing mittee on Natural Resources. Inshore Component in the Western Regu- for consideration of the bill (H.R. 1633) to es- 4191. A letter from the Acting Director, Of- latory Area of the Gulf of Alaska [Docket tablish a temporary prohibition against re- fice of Sustainable Fisheries, NMFS, Na- No.: 101126522-0640-02] (RIN: 0648-XA790) re- vising any national ambient air quality tional Oceanic and Atmospheric Administra- ceived November 15, 2011, pursuant to 5 standard applicable to coarse particulate tion, transmitting the Administration’s final U.S.C. 801(a)(1)(A); to the Committee on Nat- matter, to limit Federal regulation of nui- rule — Snapper-Grouper Fishery of the ural Resources. sance dust in areas in which such dust is reg- South Atlantic; Closure of the 2011-2012 Rec- 4199. A letter from the Director Office of ulated under State, tribal, or local law, and reational Sector for Black Sea Bass in the Sustainable Fisheries, NMFS, National Oce- for other purposes (Rept. 112–317). Referred South Atlantic [Docket No.: 0907271173-0629- anic and Atmospheric Administration, trans- to the House Calendar. 03] (RIN: 0648-XA686) received November 15, mitting the Administration’s final rule — f 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Fisheries of the Exclusive Economic Zone Committee on Natural Resources. Off Alaska; Pacific Cod by Vessels Har- PUBLIC BILLS AND RESOLUTIONS 4192. A letter from the Deputy Assistant vesting Pacific Cod for Processing by the Under clause 2 of rule XII, public Administrator for Regulatory Programs, Inshore Component in the Western Regu- NMFS, National Oceanic and Atmospheric latory Area of the Gulf of Alaska [Docket bills and resolutions of the following Administration, transmitting the Adminis- No.: 101126522-0640-02] (RIN: 0648-XA790) re- titles were introduced and severally re- tration’s final rule — Western Pacific ceived November 15, 2011, pursuant to 5 ferred, as follows: Bottomfish and Seamount Groundfish Fish- U.S.C. 801(a)(1)(A); to the Committee on Nat- By Mrs. BLACK (for herself, Mr. RYAN eries; 2011-12 Main Hawaiian Islands Deep 7 ural Resources. of Wisconsin, Mr. HENSARLING, Mr. Bottomfish Annual Catch Limits and Ac- 4200. A letter from the Acting Director, Of- YOUNG of Indiana, Mr. CHAFFETZ, Mr. countability Measures [Docket No.: fice of Sustainable Fisheries, NMFS, Na- LANKFORD, Mr. MULVANEY, and Mr. 110711384-1534-02] (RIN: 0648-XA470) received tional Oceanic and Atmospheric Administra- STUTZMAN): November 16, 2011, pursuant to 5 U.S.C. tion, transmitting the Administration’s final H.R. 3575. A bill to amend the Congres- 801(a)(1)(A); to the Committee on Natural rule — Fisheries of the Northeastern United sional Budget Act of 1974 to establish joint Resources. States; Atlantic Herring Fishery; Sub-ACL resolutions on the budget, and for other pur- 4193. A letter from the Acting Director, Of- (Annual Catch Limit) Harvested for Manage- poses; to the Committee on Rules, and in ad- fice of Sustainable Fisheries, NMFS, Na- ment Area 1A [Docket No.: 0907301205-0289-02] dition to the Committee on the Budget, for a tional Oceanic and Atmospheric Administra- (RIN: 0648-XA764) received November 15, 2011, period to be subsequently determined by the tion, transmitting the Administration’s final pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Speaker, in each case for consideration of rule — Gulf of Mexico Reef Fishery; Closure mittee on Natural Resources. such provisions as fall within the jurisdic- 4201. A letter from the Acting Director, Of- of the 2011 Gulf of Mexico Commercial Sector tion of the committee concerned. fice of Sustainable Fisheries, NMFS, Na- for Greater Amberjack [Docket No.: By Mr. CAMPBELL (for himself, Mr. 040205043-4043-01] (RIN: 0648-XA766) received tional Oceanic and Atmospheric Administra- RYAN of Wisconsin, Mr. HENSARLING, November 15, 2011, pursuant to 5 U.S.C. tion, transmitting the Administration’s final Mr. GUINTA, Mr. ROKITA, Mr. 801(a)(1)(A); to the Committee on Natural rule — Fisheries of the Exclusive Economic CHAFFETZ, and Mr. STUTZMAN): Resources. Zone Off Alaska; Pacific Cod and Octopus in H.R. 3576. A bill to amend the Balanced 4194. A letter from the Director Office of the Bering Sea and Aleutian Islands Manage- Budget and Emergency Deficit Control Act Sustainable Fisheries, NMFS, National Oce- ment Area [Docket No.: 101126521-0640-02] of 1985 to establish spending limits and def- anic and Atmospheric Administration, trans- (RIN: 0648-XA794) received November 15, 2011, mitting the Administration’s final rule — pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- icit control; to the Committee on the Budg- Fisheries of the Exclusive Economic Zone mittee on Natural Resources. et, and in addition to the Committee on Off Alaska; Atka Mackerel in the Bering Sea 4202. A letter from the Federal Liaison Of- Rules, for a period to be subsequently deter- and Aleutian Islands Management Area ficer, Patent and Trademark Office, trans- mined by the Speaker, in each case for con- [Docket No.: 101126521-0640-02] (RIN: 0648- mitting the Office’s final rule — Rules of sideration of such provisions as fall within XA783) received November 15, 2011, pursuant Practice before the Board of Patent Appeals the jurisdiction of the committee concerned. to 5 U.S.C. 801(a)(1)(A); to the Committee on and Interferences in Ex Parte Appeals [No.: By Mr. RIBBLE (for himself, Mr. RYAN Natural Resources. PTO-P-2009-0021] (RIN: 0651-AC37) received of Wisconsin, Mr. HENSARLING, Mr. 4195. A letter from the Assistant Adminis- November 15, 2011, pursuant to 5 U.S.C. STUTZMAN, Mr. ROKITA, Mr. GUINTA, trator for Fisheries, NMFS, National Oce- 801(a)(1)(A); to the Committee on the Judici- and Mr. LANKFORD): anic and Atmospheric Administration, trans- ary. H.R. 3577. A bill to establish biennial budg- mitting the Administration’s final rule — 4203. A letter from the Senior Program An- ets for the United States Government; to the Western Pacific Pelagic Fisheries; American alyst, Department of Transportation, trans- Committee on the Budget, and in addition to Samoa Longline Gear Modification to Re- mitting the Department’s final rule — the Committees on Rules, and Oversight and duce Turtle Interactions [Docket No.: Standard Instrument Approach Procedures, Government Reform, for a period to be sub- 100218104-1485-02] (RIN: 0648-AY27) received and Takeoff Minimums and Obstacle Depar- sequently determined by the Speaker, in November 16, 2011, pursuant to 5 U.S.C. ture Procedures; Miscellaneous Amendments each case for consideration of such provi- 801(a)(1)(A); to the Committee on Natural [Docket No.:30809; Amdt. No. 3449] received sions as fall within the jurisdiction of the Resources. November 21, 2011, pursuant to 5 U.S.C. committee concerned. 4196. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Transpor- By Mr. WOODALL (for himself, Mr. fice of Sustainable Fisheries, NMFS, Na- tation and Infrastructure. RYAN of Wisconsin, Mr. HENSARLING,

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Mr. YOUNG of Indiana, Mrs. BLACK, tion or defeat of a candidate, to require the Mr. SERRANO, Mr. ENGEL, Mrs. Mr. LANKFORD, Mr. CHAFFETZ, and disclosure of identifying information within LOWEY, Mr. GIBSON, Mr. TONKO, Mr. Mr. STUTZMAN): communications made through the Internet, OWENS, Mr. HANNA, Ms. BUERKLE, Ms. H.R. 3578. A bill to amend the Balanced to apply disclosure requirements to HOCHUL, and Mr. REED): Budget and Emergency Deficit Control Act prerecorded telephone calls, and for other H.R. 3593. A bill to designate the facility of of 1985 to reform the budget baseline; to the purposes; to the Committee on House Admin- the United States Postal Service located at Committee on the Budget. istration. 787 State Route 17M in Monroe, New York, as By Mr. CHAFFETZ (for himself, Mr. By Mr. STEARNS (for himself and Mr. the ‘‘National Clandestine Service of the RYAN of Wisconsin, Mr. HENSARLING, MATHESON): Central Intelligence Agency NCS Officer Mr. ROKITA, Mrs. BLACK, and Mr. H.R. 3586. A bill to amend the Public Gregg David Wenzel Memorial Post Office’’; STUTZMAN): Health Service Act to limit the liability of to the Committee on Oversight and Govern- H.R. 3579. A bill to require greater account- health care professionals who volunteer to ment Reform. ability in spending in direct spending pro- provide health care services in response to a By Mr. WALSH of Illinois (for himself, grams, and for other purposes; to the Com- disaster; to the Committee on Energy and Mr. HUELSKAMP, Mr. GINGREY of mittee on the Budget, and in addition to the Commerce, and in addition to the Committee Georgia, Mr. CONAWAY, Mr. POSEY, Committees on Rules, Education and the on the Judiciary, for a period to be subse- Mr. KING of Iowa, Mr. BARTON of Workforce, and the Judiciary, for a period to quently determined by the Speaker, in each Texas, Mr. WESTMORELAND, Mr. DUN- be subsequently determined by the Speaker, case for consideration of such provisions as CAN of South Carolina, and Mr. in each case for consideration of such provi- fall within the jurisdiction of the committee BROUN of Georgia): sions as fall within the jurisdiction of the concerned. H.R. 3594. A bill to express the sense of the committee concerned. By Mr. BILBRAY (for himself and Ms. Congress that the United States should not By Mr. MULVANEY (for himself, Mr. ESHOO): adopt any treaty that poses a threat to na- RYAN of Wisconsin, Mr. HENSARLING, H.R. 3587. A bill to amend title XIX of the tional sovereignty or abridges any rights Mr. ROKITA, Mr. STUTZMAN, Mr. Social Security Act to provide for the appli- guaranteed by the United States Constitu- CHAFFETZ, and Mr. LANKFORD): cation of Medicaid prompt pay requirement tion, such as the right to keep and bear H.R. 3580. A bill to amend the Balanced to claims for payment for covered items and arms, and to withhold funding from the Budget and Emergency Deficit Control Act services furnished by any Medicaid health United Nations unless the President certifies of 1985 to provide for long-term budgeting, care entity; to the Committee on Energy and that the United Nations has not taken action and for other purposes; to the Committee on Commerce. to restrict, attempt to restrict, or otherwise the Budget, and in addition to the Commit- By Mr. WELCH (for himself and Mr. adversely infringe upon the rights of individ- uals in the United States to keep and bear tees on Rules, Agriculture, Ways and Means, CHAFFETZ): Energy and Commerce, and Education and H.R. 3588. A bill to require the proposal for arms, or abridge any of the other constitu- the Workforce, for a period to be subse- debarment from contracting with the Fed- tionally protected rights of citizens of the quently determined by the Speaker, in each eral Government of persons violating the United States; to the Committee on Foreign Affairs. case for consideration of such provisions as Foreign Corrupt Practices Act of 1977; to the By Ms. WILSON of Florida: fall within the jurisdiction of the committee Committee on Oversight and Government H.R. 3595. A bill to establish a mandatory Reform. concerned. mediation process for servicers of residential By Mr. SMITH of New Jersey (for him- By Mr. GARRETT (for himself, Mr. mortgages and borrowers; to the Committee RYAN of Wisconsin, Mr. HENSARLING, self and Mr. ISSA): on Financial Services. H.R. 3589. A bill to authorize appropria- Mr. PRICE of Georgia, Mr. By Mr. BISHOP of New York (for him- HUELSKAMP, Mr. CHAFFETZ, and Mr. tions for fiscal years 2012 and 2013 for the self, Mr. MCKINLEY, Mr. MICHAUD, STUTZMAN): Trafficking Victims Protection Act of 2000, and Mr. GENE GREEN of Texas): H.R. 3581. A bill to amend the Balanced and for other purposes; to the Committee on H.R. 3596. A bill to require a publicly avail- Budget and Emergency Deficit Control Act Foreign Affairs, and in addition to the Com- able a list of all employers that relocate a of 1985 to increase transparency in Federal mittees on the Judiciary, Ways and Means, call center overseas and to make such com- budgeting, and for other purposes; to the and Energy and Commerce, for a period to be panies ineligible for Federal grants or guar- Committee on the Budget, and in addition to subsequently determined by the Speaker, in anteed loans and to require disclosure of the the Committees on Oversight and Govern- each case for consideration of such provi- physical location of business agents engag- ment Reform, and Ways and Means, for a pe- sions as fall within the jurisdiction of the ing in customer service communications; to riod to be subsequently determined by the committee concerned. the Committee on Energy and Commerce, Speaker, in each case for consideration of By Mrs. MALONEY (for herself, Mr. and in addition to the Committees on Over- such provisions as fall within the jurisdic- PALLONE, Mr. GUTIERREZ, Ms. sight and Government Reform, Armed Serv- tion of the committee concerned. BORDALLO, Mr. HONDA, Mr. ices, and Education and the Workforce, for a By Mr. PRICE of Georgia (for himself, FALEOMAVAEGA, Mr. GRIJALVA, and period to be subsequently determined by the Mr. GARRETT, Mr. RYAN of Wisconsin, Mr. POLIS): Speaker, in each case for consideration of Mr. HENSARLING, Mr. CHAFFETZ, and H.R. 3590. A bill to allow certain Indo- such provisions as fall within the jurisdic- Mr. STUTZMAN): nesian citizens to file a motion to reopen tion of the committee concerned. H.R. 3582. A bill to amend the Congres- their asylum claims; to the Committee on By Mr. BRALEY of Iowa (for himself sional Budget Act of 1974 to provide for mac- the Judiciary. and Mr. BOSWELL): roeconomic analysis of the impact of legisla- By Mr. DEFAZIO (for himself, Mr. HIN- H.R. 3597. A bill to authorize the Secretary tion; to the Committee on the Budget, and in CHEY, and Ms. SLAUGHTER): of Education to make grants to 10 institu- addition to the Committee on Rules, for a H.R. 3591. A bill to recalculate and restore tions of higher education for the expansion period to be subsequently determined by the retirement annuity obligations of the United of master’s degree in physical education pro- Speaker, in each case for consideration of States Postal Service, eliminate the require- grams that emphasize technology and inno- such provisions as fall within the jurisdic- ment that the United States Postal Service vative teaching practices; to the Committee tion of the committee concerned. pre-fund the Postal Service Retiree Health on Education and the Workforce. By Mr. LANKFORD (for himself, Mr. Benefits Fund, place restrictions on the clo- By Ms. CLARKE of New York: RYAN of Wisconsin, Mr. HENSARLING, sure of postal facilities, create incentives for H.R. 3598. A bill to prohibit fees with re- Mrs. BLACK, Mr. YOUNG of Indiana, innovation for the United States Postal spect to electronic benefit transfer debit Mr. CHAFFETZ, Mr. STUTZMAN, and Service, to maintain levels of postal service, cards used in connection with unemployment Mr. BUCSHON): and for other purposes; to the Committee on compensation; to the Committee on Ways H.R. 3583. A bill to amend title 31, United Oversight and Government Reform, and in and Means. States Code, to provide for automatic con- addition to the Committee on the Judiciary, By Mr. HEINRICH (for himself, Mr. tinuing resolutions; to the Committee on Ap- for a period to be subsequently determined LUJA´ N, Ms. BERKLEY, and Mr. MATHE- propriations. by the Speaker, in each case for consider- SON): By Mr. OWENS (for himself, Mr. CON- ation of such provisions as fall within the ju- H.R. 3599. A bill to reauthorize the Secure NOLLY of Virginia, and Mr. DEUTCH): risdiction of the committee concerned. Rural Schools and Community Self-Deter- H.R. 3584. A bill to authorize the United By Mr. DEFAZIO: mination Act of 2000, to provide full funding States Postal Service to co-locate post of- H.R. 3592. A bill to provide that the Postal for the Payments in Lieu of Taxes program, fices at retail facilities and municipal build- Service may not close any post office which and for other purposes; to the Committee on ings, and for other purposes; to the Com- results in more than 10 miles distance (as Natural Resources, and in addition to the mittee on Oversight and Government Re- measured on roads with year-round access) Committee on Agriculture, for a period to be form. between any 2 post offices; to the Committee subsequently determined by the Speaker, in By Mr. PRICE of North Carolina: on Oversight and Government Reform. each case for consideration of such provi- H.R. 3585. A bill to amend the Federal Elec- By Ms. HAYWORTH (for herself, Mr. sions as fall within the jurisdiction of the tion Campaign Act of 1971 to require per- KING of New York, Mrs. MCCARTHY of committee concerned. sonal disclosure statements in all third- New York, Mr. ACKERMAN, Mr. By Mr. JONES (for himself and Mr. party communications advocating the elec- GRIMM, Mrs. MALONEY, Mr. RANGEL, CLEAVER):

VerDate Mar 15 2010 03:33 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\L07DE7.100 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8261 H.R. 3600. A bill to restore the Free Speech Congress has the power to enact this legis- article 1, section 8 of the Constitution and First Amendment rights of churches and lation pursuant to the following: By Mrs. MALONEY: exempt organizations by repealing the 1954 Article I, Section 9, Clause 7. H.R. 3590. Johnson Amendment; to the Committee on By Mr. CAMPBELL: Congress has the power to enact this legis- Ways and Means. H.R. 3576. lation pursuant to the following: By Mr. KINGSTON (for himself and Mr. Congress has the power to enact this legis- Article 1, Section 8, Clause 4, which reads: FARENTHOLD): lation pursuant to the following: To establish a uniform rule of naturaliza- H.R. 3601. A bill to amend title III of the Article I, Section 9, Clause 7. tion, and uniform laws on the subject of Social Security Act to require a substance By Mr. RIBBLE: bankruptcies throughout the United States. abuse risk assessment and targeted drug H.R. 3577. By Mr. DEFAZIO: testing as a condition for the receipt of un- Congress has the power to enact this legis- H.R. 3591. employment benefits, and for other purposes; lation pursuant to the following: Congress has the power to enact this legis- to the Committee on Ways and Means, and in Article I, Section 9, Clause 7. lation pursuant to the following: addition to the Committee on Energy and By Mr. WOODALL: Article I, Section 8, Clause 7 ‘‘To establish Commerce, for a period to be subsequently H.R. 3578. Post Offices & Post Roads’’ determined by the Speaker, in each case for Congress has the power to enact this legis- By Mr. DEFAZIO: consideration of such provisions as fall with- lation pursuant to the following: H.R. 3592. in the jurisdiction of the committee con- Article I, Section 9, Clause 7. Congress has the power to enact this legis- cerned. By Mr. CHAFFETZ: lation pursuant to the following: By Mr. PAUL: H.R. 3579. Article I, Section 8, Clause 7 ‘‘To establish H.R. 3602. A bill to amend title 5, United Congress has the power to enact this legis- Post Offices & Post Roads’’ States Code, to provide that an employee or lation pursuant to the following: By Ms. HAYWORTH: Member who dies within the 2-year notifica- Article I, Section 9, Clause 7. H.R. 3593. tion period with respect to a survivor annu- By Mr. MULVANEY: Congress has the power to enact this legis- ity shall be presumed to have elected to pro- H.R. 3580. lation pursuant to the following: vide a former spouse with such an annuity, Congress has the power to enact this legis- The constitutional authority on which this and for other purposes; to the Committee on lation pursuant to the following: bill rests is the power of Congress to estab- Oversight and Government Reform, and in Article I, Section 9, Clause 7. lish Post Offices and post roads, as enumer- addition to the Committee on House Admin- By Mr. GARRETT: ated in Article I, Section 8, Clause 7 of the istration, for a period to be subsequently de- H.R. 3581. United States Constitution. termined by the Speaker, in each case for Congress has the power to enact this legis- By Mr. WALSH of Illinois: consideration of such provisions as fall with- lation pursuant to the following: H.R. 3594. Article I, Section 9, Clause 7. in the jurisdiction of the committee con- Congress has the power to enact this legis- By Mr. PRICE of Georgia: cerned. lation pursuant to the following: H.R. 3582. By Mr. ROTHMAN of New Jersey: Article I, Section 8, Clause 14 of the United Congress has the power to enact this legis- H.R. 3603. A bill to authorize 150,000 incre- States Constitution. lation pursuant to the following: mental vouchers for tenant-based rental as- By Ms. WILSON of Florida: Article I, Section 9, Clause 7. sistance under section 8 of the United States H.R. 3595. By Mr. LANKFORD: Housing Act of 1937 to help meet the housing Congress has the power to enact this legis- H.R. 3583. needs of low-income families; to the Com- lation pursuant to the following: Congress has the power to enact this legis- mittee on Financial Services. Article I, Section 8, Clause 3 of the Con- lation pursuant to the following: stitution. By Mr. YOUNG of Alaska: Article I, Section 9, Clause 7. H.R. 3604. A bill to amend the Alaska Na- The Congress shall have Power . . . To reg- By Mr. OWENS: tive Claims Settlement Act to provide for ulate Commerce with foreign Nations, and H.R. 3584. equitable allotment of lands to Alaska Na- among the several States, and with the In- Congress has the power to enact this legis- dian Tribes. tive veterans; to the Committee on Natural lation pursuant to the following: Resources. By Mr. BISHOP of New York: This bill is enacted pursuant to the power H.R. 3596. By Mr. JONES (for himself, Mr. POE of granted to Congress under Article I, Section Congress has the power to enact this legis- Texas, and Mr. WHITFIELD): 8, of the United States Constitution. H. Res. 485. A resolution expressing the lation pursuant to the following: By Mr. PRICE of North Carolina: sense of the House of Representatives regard- Article I, Section 8, Clause 3. H.R. 3585. ing the declassification of information re- By Mr. BRALEY of Iowa: Congress has the power to enact this legis- H.R. 3597. lated to missing and unaccounted-for mem- lation pursuant to the following: Congress has the power to enact this legis- bers of the Armed Forces; to the Committee The General Welfare Clause, Art. I, Sec. 8, lation pursuant to the following: on Armed Services. of the Constitution This bill is enacted pursuant to the power By Mr. BECERRA: By Mr. STEARNS: granted to Congress under Article I, Section H. Res. 486. A resolution electing a Member H.R. 3586. 8, Clause 18 of the United States Constitu- to a certain standing committee of the Congress has the power to enact this legis- tion. House of Representatives; considered and lation pursuant to the following: By Ms. CLARKE of New York: agreed to. Article I, Section 8, Clause 1 H.R. 3598. By Mr. BISHOP of New York (for him- By Mr. BILBRAY: Congress has the power to enact this legis- self and Mr. HANNA): H.R. 3587. lation pursuant to the following: H. Res. 488. A resolution honoring Ameri- Congress has the power to enact this legis- This bill to prohibit fees with respect to cans who served as volunteers for the United lation pursuant to the following: electronic benefit transfer debit cards used States Office of Civilian Defense during Under Article 1, Section 8 of the U.S. Con- in connection with unemployment com- World War II; to the Committee on Armed stitution The Congress shall have Power To pensation is enacted pursuant to the power Services. lay and collect Taxes, Duties, Imposts and granted to Congress under Article I of the By Mr. LAMBORN: Excises, to pay the Debts and provide for the H. Res. 489. A resolution expressing the United States Constitution and its subse- common Defence and general Welfare of the sense of the House of Representatives that quent amendments, and further clarified and United States; but all Duties, Imposts and the symbols and traditions of Christmas interpreted by the Supreme Court of the Excises shall be uniform throughout the should be protected for use by those who cel- United States. United States; ebrate Christmas; to the Committee on Over- By Mr. HEINRICH: By Mr. WELCH: H.R. 3599. sight and Government Reform. H.R. 3588. Congress has the power to enact this legis- f Congress has the power to enact this legis- lation pursuant to the following: CONSTITUTIONAL AUTHORITY lation pursuant to the following: Congress has the power to enact this legis- Article 1, Section 8, Clause 18: The Con- lation pursuant to Article IV, Section 3 of STATEMENT gress shall have Power To . . . make all the United States Constitution. Pursuant to clause 7 of rule XII of Laws which shall be necessary and proper for By Mr. JONES: the Rules of the House of Representa- carrying into Execution the foregoing Pow- H.R. 3600. tives, the following statements are sub- ers, and all other Powers vested by this Con- Congress has the power to enact this legis- mitted regarding the specific powers stitution in the Government of the United lation pursuant to the following: The constitutional authority of Congress granted to Congress in the Constitu- States, or in any Department or Officer thereof to enact this legislation is provided by the tion to enact the accompanying bill or By Mr. SMITH of New Jersey: 1st Amendment of the United States Con- joint resolution. H.R. 3589. stitution, which states Congress shall make By Mrs. BLACK: Congress has the power to enact this legis- no law respecting an establishment of reli- H.R. 3575. lation pursuant to the following: gion, or prohibiting the free exercise thereof;

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or abridging the freedom of speech, or of the H.R. 1426: Ms. MATSUI. H.R. 3421: Mr. RAHALL, Mr. DEFAZIO, Ms. press; or the right of the people peaceably to H.R. 1449: Ms. SPEIER. EDDIE BERNICE JOHNSON of Texas, Ms. assemble, and to petition the Government H.R. 1639: Mr. FORTENBERRY. EDWARDS, Mr. SIRES, Mr. BARTON of Texas, for a redress of grievances. H.R. 1681: Mr. SIRES. Mrs. BIGGERT, Mr. WITTMAN, Mr. MCKEON, By Mr. KINGSTON: H.R. 1697: Mr. PEARCE. Mr. THORNBERRY, Mr. SAM JOHNSON of Texas, H.R. 3601. H.R. 1734: Mr. HERGER. Mr. MCCLINTOCK, Mr. RIBBLE, Mr. HEN- Congress has the power to enact this legis- H.R. 1735: Ms. MCCOLLUM. SARLING, Mr. BURGESS, Mr. LUCAS, Mr. CAS- lation pursuant to the following: H.R. 1783: Ms. WILSON of Florida. SIDY, Mr. BILIRAKIS, Mr. LANKFORD, Mr. Congress has the power to enact the Ensur- H.R. 1802: Mr. KING of New York, Mr. BACH- AMODEI, Mr. ISSA, Mr. BROUN of Georgia, Mr. ing Quality Unemployment Insurance Pro- US, and Mr. LATOURETTE. FLORES, Mr. FINCHER, Mr. BRADY of Texas, gram (EQUIP) Act pursuant to Article I, Sec- H.R. 1831: Mr. FILNER. Mr. ROYCE, Mr. ANDREWS, Mr. DAVIS of Illi- tion 8 of the Constitution. H.R. 1897: Mr. BARTLETT, Mr. KEATING, Ms. nois, Mr. ACKERMAN, Mr. FALEMOAVAEGA, Mr. By Mr. PAUL: MATSUI, Mr. LOBIONDO, and Mr. SARBANES. COSTA, Mr. ENGEL, Ms. HANABUSA, Mr. COS- H.R. 3602. H.R. 1905: Mr. LYNCH. TELLO, Mr. BACA, Ms. MATSUI, Mr. NEAL, Mr. Congress has the power to enact this legis- H.R. 1916: Mr. ACKERMAN and Ms. NORTON. HINOJOSA, Mr. STARK, Mr. JOHNSON of Geor- lation pursuant to the following: H.R. 1930: Mr. CARNAHAN. gia, Mr. OWENS, Mr. LANGEVIN, Ms. HAHN, The Spouse Equity Election Clarification H.R. 1946: Mr. CRAWFORD. Ms. WATERS, Mr. AL GREEN of Texas, Mrs. Amendment Act is justified by Article 1, H.R. 1956: Mr. MANZULLO. NAPOLITANO, Mr. MARKEY, Ms. LORETTA SAN- Section 8 of the constitution which vests all H.R. 2001: Mr. CARTER. CHEZ of California, Mr. LARSEN of Wash- legislative authority in the United States H.R. 2016: Mr. SHERMAN and Mr. LOBIONDO. ington, Mr. CLEAVER, Mr. BERMAN, Mr. CUM- Congress. This section clearly gives Congress H.R. 2104: Mr. BRALEY of Iowa. MINGS, Mr. DONNELLY of Indiana, Ms. BASS of the power to pass laws amending federal H.R. 2105: Mr. CHABOT, Mr. FRANKS of Ari- California, Mr. ADERHOLT, Mr. HONDA, Mr. rules regarding benefits of federal employees zona, and Mrs. ELLMERS. CLAY, Mr. HIMES, Mr. CHABOT, Mr. LEVIN, Mr. and their current and former spouses. H.R. 2269: Mr. HONDA, Mr. MILLER of North MULVANEY, Mr. MILLER of North Carolina, By Mr. ROTHMAN of New Jersey: Carolina, Mr. FILNER, and Mr. ISRAEL. Mr. SCOTT of Virginia, Ms. DELAURO, Mr. H.R. 3603. H.R. 2299: Mr. FITZPATRICK. GALLEGLY, Mr. PERLMUTTER, Mr. PETERSON, Congress has the power to enact this legis- H.R. 2414: Mr. CRAWFORD. Ms. PINGREE of Maine, Mr. SCHRADER, Mr. lation pursuant to the following: H.R. 2437: Mr. LOEBSACK. BARROW, Mrs. MCCARTHY of New York, Mr. This bill is enacted pursuant to the power H.R. 2446: Mr. MCHENRY. CROWLEY, Mr. HASTINGS of Washington, Mr. granted to Congress under Article I, Section H.R. 2457: Mr. FORBES. KLINE, Mr. NEUGEBAUER, Mr. MICHAUD, Mr. 8, Clause 18 of the United States Constitu- H.R. 2492: Mr. PALLONE. VAN HOLLEN, Ms. LEE of California, Mr. tion. H.R. 2499: Mr. COHEN. WELCH, Mr. CLARKE of Michigan, Mr. CHAN- By Mr. YOUNG of Alaska: H.R. 2539: Ms. WATERS. DLER, Mr. YODER, and Mr. CARNAHAN. OHEN H.R. 3604. H.R. 2572: Mr. C . H.R. 3422: Mr. LABRADOR. H.R. 2624: Mr. POLIS. Congress has the power to enact this legis- H.R. 3425: Mr. COURTNEY. H.R. 2672: Mr. GUTHRIE. lation pursuant to the following: H.R. 3435: Mr. POLIS, Ms. FUDGE, Ms. EDDIE H.R. 2701: Mr. SCOTT of Virginia. article 1 section 8 clause 3. BERNICE JOHNSON of Texas, Mr. LEWIS of H.R. 2742: Mrs. CHRISTENSEN. f Georgia, Mr. KEATING, Mr. CARSON of Indi- H.R. 2753: Mr. SABLAN. ana, Mr. THOMPSON of Mississippi, Mr. HAS- ADDITIONAL SPONSORS H.R. 2827: Mr. YODER and Mr. LATTA. TINGS of Florida, Mr. MCDERMOTT, Ms. BERK- H.R. 2874: Mr. MULVANEY. Under clause 7 of rule XII, sponsors LEY, Mr. RUSH, Ms. HANABUSA, Ms. WILSON of H.R. 2902: Mr. HINOJOSA. Florida, and Mr. COHEN. were added to public bills and resolu- H.R. 2913: Mr. SCHILLING and Mr. QUAYLE. H.R. 3443: Mr. BISHOP of Georgia and Mr. tions as follows: H.R. 2917: Mr. WESTMORELAND. GUTHRIE. H.R. 87: Mr. FRANKS of Arizona. H.R. 2948: Ms. WATERS. H.R. 3444: Mr. ROHRABACHER, Mr. JONES, H.R. 100: Mr. WOMACK. H.R. 2982: Mr. DEUTCH, Mr. KISSELL, and Mr. FORBES, and Mr. DUNCAN of Tennessee. H.R. 157: Mr. HANNA. Mr. OLSON. H.R. 3474: Mr. DUNCAN of Tennessee. H.R. 210: Ms. WASSERMAN SCHULTZ, Mr. H.R. 3027: Mr. GEORGE MILLER of Cali- H.R. 3483: Mr. GRIJALVA. BUTTERFIELD, Mr. BISHOP of New York, Mr. fornia. H.R. 3488: Mr. BENISHEK and Mr. JONES. CLAY, and Mr. ACKERMAN. H.R. 3032: Mr. LATHAM. H.R. 3510: Mr. SMITH of Nebraska and Mr. H.R. 374: Mr. DENHAM. H.R. 3043: Mr. BURGESS. SHULER. H.R. 452: Mr. BILIRAKIS. H.R. 3059: Mrs. BLACK and Mr. GRIFFIN of H.R. 3516: Ms. DELAURO. H.R. 547: Mr. LANCE. Arkansas. H.R. 3521: Mr. YOUNG of Indiana, Mr. H.R. 594: Mr. SABLAN. H.R. 3061: Mr. TURNER of New York. CHAFFETZ, Mr. LANKFORD, Mrs. BLACK, and H.R. 664: Mr. DINGELL, Mr. BUTTERFIELD, H.R. 3066: Mr. DESJARLAIS. Mr. STUTZMAN. and Mr. HIMES. H.R. 3083: Mr. SMITH of Washington. H.R. 3536: Mr. RUPPERSBERGER, Mr. TOWNS, H.R. 665: Mr. FRANKS of Arizona and Mr. H.R. 3086: Mr. RIVERA, Mrs. MCMORRIS ROD- and Mr. WITTMAN. LABRADOR. GERS, and Mr. KILDEE. H.R. 3538: Mrs. MCMORRIS RODGERS, Mrs. H.R. 721: Mr. WEBSTER. H.R. 3104: Mrs. BLACKBURN, Mr. FORBES, BLACK, Mr. MCCAUL, Mr. SCHWEIKERT, Mr. H.R. 733: Mr. HOLDEN. Mrs. LUMMIS, Mr. WEST, and Mr. GINGREY of BENISHEK, and Mrs. ELLMERS. H.R. 735: Mr. GOODLATTE and Mr. HALL. Georgia. H.R. 3545: Mr. BARLETTA. H.R. 835: Ms. LEE of California. H.R. 3109: Mr. LANGEVIN. H.R. 3550: Mr. FITZPATRICK. H.R. 889: Mr. MICHAUD. H.R. 3125: Mr. DANIEL E. LUNGREN of Cali- H.R. 3551: Mr. ROKITA, Mr. LABRADOR, and H.R. 890: Ms. LEE of California. fornia. Mr. WOODALL. H.R. 905: Mr. WITTMAN. H.R. 3166: Mr. LATTA. ANABUSA H.R. 920: Mrs. SCHMIDT, Mrs. BLACKBURN, H.R. 3168: Mrs. MYRICK. H.R. 3568: Ms. H . AN OLLEN EUTCH Mr. WEST, Mr. BURGESS, Mr. FLEISCHMANN, H.R. 3173: Mr. LUETKEMEYER. H.R. 3572: Mr. V H , Mr. D , RANK Mr. WALSH of Illinois, and Mr. HUELSKAMP. H.R. 3179: Mr. KELLY, Mr. BARLETTA, Ms. and Mr. F of Massachusetts. H.R. 1006: Mr. FORBES. WATERS, Mr. GIBSON, Mr. SCOTT of Virginia, H.J. Res. 80: Ms. SCHAKOWSKY. H.R. 1058: Mr. PASTOR of Arizona and Ms. and Ms. LINDA T. SA´ NCHEZ of California. H. Res. 365: Ms. PINGREE of Maine. BASS of California. H.R. 3207: Mr. LANCE and Mrs. MCMORRIS H. Res. 378: Mr. COHEN. H.R. 1063: Mr. GENE GREEN of Texas. RODGERS. H. Res. 462: Mr. DAVIS of Illinois. H.R. 1148: Mr. JORDAN, Mr. WALBERG, Mr. H.R. 3210: Mr. RUPPERSBERGER. H. Res. 475: Mr. NUNNELEE, Mr. POE of DENHAM, Mr. DENT, Mr. CARSON of Indiana, H.R. 3218: Mr. SOUTHERLAND. Texas, Mr. JORDAN, Mr. BENISHEK, and Mr. Mr. DAVIS of Illinois, Mr. SHIMKUS, Mrs. H.R. 3225: Mr. BACA. WESTMORELAND. EMERSON, Mr. TOWNS, Ms. SCHWARTZ, Mr. H.R. 3261: Mr. BACA and Mr. SHERMAN. H. Res. 480: Mrs. MILLER of Michigan and BRALEY of Iowa, Mr. PETRI, Mr. RAHALL, Mr. H.R. 3264: Mr. WALSH of Illinois and Mr. Ms. JENKINS. NADLER, Mr. FITZPATRICK, Mr. BERG, Ms. FRANKS of Arizona. BALDWIN, Mr. MARKEY, Mr. COFFMAN of Colo- H.R. 3298: Ms. WATERS. f rado, Mrs. LOWEY, Ms. BERKLEY, and Mr. H.R. 3300: Mr. RANGEL and Mrs. MALONEY. LARSON of Connecticut. H.R. 3308: Mr. WALSH of Illinois. CONGRESSIONAL EARMARKS, LIM- H.R. 1175: Mr. OWENS. H.R. 3310: Mr. KLINE and Mr. LATTA. ITED TAX BENEFITS, OR LIM- H.R. 1206: Mr. HUELSKAMP. H.R. 3324: Mrs. LOWEY. ITED TARIFF BENEFITS H.R. 1288: Mr. SHERMAN. H.R. 3337: Mr. SMITH of Washington and Mr. H.R. 1375: Mr. ISRAEL and Mrs. DAVIS of NUGENT. Under clause 9 of rule XXI, lists or California. H.R. 3340: Mr. ROTHMAN of New Jersey. statements on congressional earmarks, H.R. 1394: Mr. MORAN and Mr. ROTHMAN of H.R. 3364: Mrs. BIGGERT. limited tax benefits, or limited tariff New Jersey. H.R. 3371: Mr. PRICE of North Carolina. benefits were submitted as follows:

VerDate Mar 15 2010 05:08 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.055 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE December 7, 2011 CONGRESSIONAL RECORD — HOUSE H8263 The amendment to be offered by Rep- the Farm Dust Regulation Prevention Act of marks, limited tax benefits, or limited tariff resentative RUSH, or a designee, to H.R. 1633, 2011, does not contain any congressional ear- benefits as defined in clause 9 of rule XXI.

VerDate Mar 15 2010 04:10 Dec 08, 2011 Jkt 019060 PO 00000 Frm 00075 Fmt 7634 Sfmt 0634 E:\CR\FM\A07DE7.063 H07DEPT1 pwalker on DSK7TPTVN1PROD with HOUSE