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

Vol. 157 WASHINGTON, THURSDAY, MAY 12, 2011 No. 65 House of Representatives The House met at 10 a.m. and was corporate investments in foreign coun- workers are repressed through wide- called to order by the Speaker pro tem- tries and not jobs here at home. At a spread violence and other human rights pore (Mr. GRAVES of Georgia). time when multinational corporations violations. Colombia has earned the f have fired 2.9 million American work- reputation as the most dangerous ers, they will be hiring 2.4 million country on Earth for workers trying to DESIGNATION OF SPEAKER PRO workers overseas. The House will be build a better life. During the last Co- TEMPORE spending time shoring up corporate lombian President’s 8 years in office, The SPEAKER pro tempore laid be- overseas investments rather than en- 570 union members were assassinated— fore the House the following commu- couraging investments here at home. 149 in the last 3 years—and the violence nication from the Speaker: And at a time when so many in the hasn’t stopped with the election of the Middle East are rising up for democ- WASHINGTON, DC, new President. racy and human rights and are receiv- May 12, 2011. Reports of assassinations against I hereby appoint the Honorable TOM ing support from the United States for GRAVES to act as Speaker pro tempore on those efforts, the House is taking up union members and leaders keep com- this day. trade agreements with Colombia that ing. The two most recent ones include JOHN A. BOEHNER, fails to live up to those very values. the April 8 assassination of Ramiro Speaker of the House of Representatives. One of our most important respon- Sanchez. He was shot repeatedly as he f sibilities as elected officials is to pro- left a union meeting. Mr. Sanchez had mote and to protect American jobs. We received death threats after organizing MORNING-HOUR DEBATE do this by trying to ensure that Amer- workers to demand local hiring at an The SPEAKER pro tempore. Pursu- ican workers do not face unfair com- oil company. And the March 30 assas- ant to the order of the House of Janu- petition with countries that keep sination of Hector Orozco, who was an ary 5, 2011, the Chair will now recog- wages low by repressing essential official with the peasant farmers’ nize Members from lists submitted by democratic rights. These are important union. He and his colleague Gildardo the majority and minority leaders for rights, the right to speak out, the right Garcia were found murdered. Days ear- morning-hour debate. to protest, the right to organize lier, Mr. Orozco reported that he and unions, the right to bargain collec- The Chair will alternate recognition other peasants were threatened by an tively and directly with their employ- between the parties, with each party army officer. limited to 1 hour and each Member ers, and to support political efforts to On top of the violence is the problem other than the majority and minority improve their economic conditions of impunity. Authorities have only in- leaders and the minority whip limited without reprisals. But reprisals are what you get in vestigated a quarter of the union to 5 minutes each, but in no event shall China. Thousands of strikes last year debate continue beyond 11:50 a.m. killings since 1986. No one has been were met not by their employers but held accountable for 98 percent of the f by the police and the army, beating up crimes against unionists. The violence THE COLOMBIA TRADE on the workers who were seeking bet- and impunity came together in another AGREEMENT ter wages and better working condi- recent case. A few weeks ago, Judge tions in plants all across China. Gloria Gaono was shot in the head in The SPEAKER pro tempore. The What do you get when you protest broad daylight. At the time, she was Chair recognizes the gentleman from your rights in Colombia? You get as- presiding over a politically sensitive California (Mr. GEORGE MILLER) for 5 sassinations. You get death squads case of a military officer accused of minutes. against union members, union leaders, Mr. GEORGE MILLER of California. murdering three children, one of whom members of union families all across he apparently admitted to raping. This Congress is entering its fifth the country. The American worker can month without bringing a single jobs compete; but you can’t compete Now Colombia has a new President bill to the House floor, and there are no against the Colombian Army, the Co- who says he wants to turn the page on jobs bills in sight. But we do hear calls lombian death squads, the Chinese Colombia’s past. But these murders for a series of trade agreements, in- Army. That’s not fair competition. But and human rights violations are not cluding ones with Colombia and Korea. that’s what’s protected in these trade the past. They are happening today. At a time when millions of Ameri- agreements. Before we consider any agreement with cans are still looking for work, the Tragically, Colombia stands out as a Colombia on free trade, real changes House will be spending time protecting country where wages are kept low and must come to Colombia. That is why I

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

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VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3224 CONGRESSIONAL RECORD — HOUSE May 12, 2011 have joined with colleagues to lay out unions. I ask, what about the workers Mr. Speaker, I may be new to Wash- a series of benchmarks that should be in South Carolina who lose out in this ington, but I promise you I was not met by Colombia before the Obama ad- action? Where have their rights been born yesterday. Looking at the NLRB’s ministration sends Congress any trade considered in all of this nonsense? In policy and examining recent electoral agreement with that country. These fact, the National Labor Relations Act maps, it’s not difficult to see a policy benchmarks are designed to reduce the says in section 1 that the purpose of that clearly rewards blue States while violence, to protect human rights, and the NLRA is ‘‘to promote the full flow severely punishing red ones. Under the to end the impunity of the death of commerce, to prescribe the legiti- NLRB’s interpretation of the law, a squads and the army, and the actions mate rights of both employees and em- company with a union workforce an- they take against these families. They ployers in their relations affecting chored in a blue State could not expand require on-the-ground results and veri- commerce, to provide orderly and or relocate to a red State. peaceful procedures for preventing the fication. b 1010 The administration, however, has interference by either with the legiti- adopted an action plan for Colombia mate rights of the other, to protect the Limiting where companies can con- that does not demand the results on rights of individual employees in their duct business sounds like something that would take place in China or the the ground. I appreciate that U.S. and relations with labor organizations old Soviet Union, not here in the Colombia finally are bringing labor whose activities affect commerce, to United States. Since when did America rights into the equation, but their plan define and proscribe practices on the stop being the land of the free? only demands results on paper. Under part of labor and management which Let me give this message to anyone their plan, nothing really needs to ac- affect commerce and are inimical to looking to start a company in America. tually change in Colombia. Colombia the general welfare, and to protect the Choose your location well. If this ac- could have a record year of assassina- rights of the public in connection with tion by NLRB is upheld, trust me when tions and still meet the requirements labor disputes affecting commerce.’’ The NLRB’s ruling comes on the I say that we won’t be talking about of the plan. Indeed, before the action heels of previous threats by this radi- companies making decisions over mov- plan has been fully implemented, the cally out-of-touch panel to sue States ing to a right-to-work state versus a administration is already preparing the like South Carolina for constitu- union state. We will see decisions made way with Congress to implement this tionally protecting one of America’s in the context of locating in America trade agreement. If this action plan most universal freedoms, the right to a or another country. were made fully enforceable under the secret ballot. Fear that the Federal And what this outrageous action by agreement and into the future, we Government might take away that fun- the NLRB tells you is that you’re could have something more than just damental principle prompted voters in stuck with very few options. Give into results on paper. Unless it is enforce- South Carolina, Arizona, South Da- the union’s demands, close up your able, this is less than a serious com- kota, and Utah to overwhelmingly sup- shop, or take your production outside mitment. It is not fair to Colombians, port adding secret ballot protection to of the United States. The NLRB’s ac- and it’s not fair to the American work- their State constitutions. If the NLRB tions say build your companies some- ers, and it’s not fair to our national hadn’t already made a big enough where else, but not in America. So values and does not reflect our na- mockery of individual freedom, they much for the American dream. tional values. even refused to come to the negotia- Mr. Speaker, this action by the The American worker can compete tion table and talk about their con- NLRB is unconstitutional and illegal. I with any worker in the world. They’re cerns with States’ attorneys general call on my colleagues in the Education rated time and again the most produc- unless they were willing to first sign a and Workforce Committee to hold tive workers in the world. But they nondisclosure agreement preventing hearings into this bureaucratic atroc- cannot compete against currency ma- them from sharing what was discussed ity. My South Carolina colleagues and nipulation in China. They cannot com- during the meetings. I have introduced legislation to defund pete against the Chinese Army that Demanding secret meetings, threats, this latest lawsuit. breaks up the rights of workers to pro- and attacking the right to a secret bal- I ask all of my colleagues on both test, and they cannot compete against lot doesn’t exactly create a good track sides of the aisle to rescue the Amer- the death squads that have been as- record for the National Labor Rela- ican dream and sign on to this legisla- signed to assassinate union members, tions Board. That’s what prompted me tion. I also ask the American people, union leaders, and union families. to introduce House Resolution 1047, the pay attention to this problem. Our f State Right to Vote Act, which would Founding Fathers would be appalled by stop the NLRB from suing States NATIONAL LABOR RELATIONS this bureaucratic tyranny. It’s time to whose voters took a stand against BOARD: PUTTING POLITICS BE- hold our elected officials accountable. union thuggery for secret elections. FORE THE NEEDS OF THE AMER- Do we want to just say that we’re a And if the NLRB doesn’t change the ICAN PEOPLE free nation, or do we really want to be course quickly, I know there will be a free nation? Our freedom is under at- The SPEAKER pro tempore. The many in this body, including myself, tack. It’s time we take a stand. Chair recognizes the gentleman from who will call for the panel’s removal May God continue to bless America. South Carolina (Mr. DUNCAN) for 5 min- altogether. f utes. But, Mr. Speaker, this latest outrage Mr. DUNCAN of South Carolina. Mr. is a unique power grab. Against con- HONORING THE LEGACY OF Speaker, the recent unprecedented ac- stitutional and Supreme Court prece- WILLIAM DONALD SCHAEFER tion by the National Labor Relations dents, the NLRB’s actions are a clear The SPEAKER pro tempore. The Board is simply the latest example of attack on our State. Think about the Chair recognizes the gentleman from this administration putting politics be- context: This administration has spent Maryland (Mr. HOYER) for 5 minutes. fore the needs of the American people. our Nation into oblivion, doubling the Mr. HOYER. Mr. Speaker, I rise to I honestly never thought I would see national debt in 2 short years, running honor the legacy of an extraordinary the day when our government sued a over businesses both large and small, Marylander, Maryland Governor Wil- company over creating jobs in South mounting takeover after takeover, and liam Donald Schaefer. He died just a Carolina or anywhere in the United reducing the size and scope of our econ- few weeks ago after a long time of pub- States. The NLRB’s position violates omy in the process. South Carolina’s lic service. States’ 10th Amendment liberties and unemployment rate finally dips below William Donald Schaefer was one of attempts to roll back worker protec- 10 percent, and what does this adminis- the great American mayors. Few may- tions for the purpose of satisfying spe- tration do? It sues one of the largest ors can ever say that they transformed cial interests and union bosses. prospective employers in our State just a city as thoroughly as did William The NLRB was created to protect as that company begins to hire work- Donald Schaefer transform Baltimore. workers’ rights, but now the worker is ers, potentially costing South Carolina But over his 16-year tenure as mayor left out of the equation in favor of big thousands of new jobs. of Baltimore, he led a dramatic and

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3225 historic turnaround. In 1971, when his William Donald Schaefer cared. He was traveled in about every conveyance mayoralty started, Baltimore was a a man of the people. He listened, he possible, from a wagon behind a tractor struggling city, a city plagued by popu- acted. to jet engine aircraft, single engine air- lation flight, crime, and decaying It is the truth and it mattered be- craft, twin engine aircraft. We’ve trav- urban infrastructure. When so many cause, at the time when so many wrote eled in those airplanes, small, char- had given up on Baltimore, Mayor off our cities, caring took remarkable tered, with others on our staff who Schaefer made it his mission to stand courage and strength. didn’t fare as well as John and I. They up to that decay. And we can still see A great architect, Mr. Speaker, was turned a little green and white and had his legacy today. It is a legacy that in- once laid to rest in a building he him- problems at times. John and I always cludes physical landmarks like Camden self had designed. His tombstone read, sort of traveled through it. Yards, the National Aquarium, Balti- and I quote, ‘‘If you seek his monu- We have driven in snow and rain and more’s Harbor Place, and an out- ment, look around you.’’ Those words ice and sleet, and everything we hear standing light rail system, projects apply just as well to William Donald about postal officials, from one end of that he saw through to completion as Schaefer, and I hope that the people he the district to the other. We have both mayor and Governor of our state. served will bear him in mind whenever flown, we have driven, we have hiked, Just as importantly, Mayor Schae- they enjoy the best of the city of Balti- we have walked, we have been on boats fer’s legacy came in thousands of ges- more and the best of the State of Mary- and airplanes, and you name it. land. tures that showed just how deeply he b 1020 cared about the people he represented Well done, our good and faithful serv- and how seriously he took his work: ant. And always at my side, John Snider. When the water was cut off to the Personally addressing illegal dumping f in alleys or broken equipment at parks, Klamath Basin 10 years ago, John was HONORING JOHN SNIDER driving through the city at night on there with me at the bucket brigade, the lookout for everything from pot- The SPEAKER pro tempore. The where we took water symbolically out holes to crime trouble spots, and even Chair recognizes the gentleman from of Lake Ewuana and passed it through jumping into the aquarium’s seal pool, Oregon (Mr. WALDEN) for 5 minutes. 15,000 people into the A Canal, symbol- complete with a rubber ducky, when Mr. WALDEN. For the past 12 years, izing this horrible thing that the gov- the city failed to complete the aquar- John Snider of Medford, Oregon, has ernment had done to the farmers. That ium on time. been my district director. He’s decided deeply affected all of us in the Second My colleague from Oregon is shaking to move on now to pursue other oppor- District, and especially John and me; his head because we all know that fa- tunities and other careers. But to me, and his commitment to those farmers mous picture. he was more than just district director. and ranchers continues today, as does Above all, his colorful, passionate, He was my mentor, he was my partner, mine. and dedicated leadership added up to and always my friend. When it came to saving the Medford the change, not just in Baltimore’s ap- John Snider is a terrific man, a great Tanker Base so that firefighting air- pearance and infrastructure, but in the fan of the Oregon Ducks, and he served craft could make their circle around mindset of the words of the Baltimore three Members of Congress in this dis- the Rogue Valley quicker rather than Sun when they said he ‘‘changed the trict as district director, including my being shoved out to another hour’s way the city felt about itself.’’ most recent predecessor, Robert F. flight away, John was there day and How important leaders are to make Smith. night working with Commissioner that happen in the minds of their peo- He was born and raised in Medford. Walker and others to make sure we ple. We have an agenda, by the way, His roots run deep in the Rogue Valley. could preserve that firefighting base in that is Make It In America, that is try- He is a guy’s guy. He is a terrific man. Medford. And we did, and it’s made an ing to change that psychology as well, My current district office actually enormous difference in saving lives and that we’re going to make it, we’re sits adjacent to the former Snider property. going to succeed, we’re going to ex- Dairy, which his family had and which When President Bush came out to pand. is now part of downtown Medford. both Applegate and Redmond, John William Donald Schaefer brought John and his wife, Candy, currently was there helping organize the events that same dedication to his two terms live in the Rogue Valley, and John’s ahead of time. And any of you who as Maryland Governor. His trademark, daughter, Robyn, lives up in Grants have been involved in a Presidential no-nonsense style—‘‘do it now’’ was his Pass. visit to your district, you know it hap- byword—was on display in Annapolis, John graduated from St. Mary’s High pens quickly and you basically go 24/7, where he pursued an agenda focused on School and was its student body presi- and things get changed in the middle of job creation, strengthening Maryland’s dent. He graduated from the University the night and requests come and go: We schools, which, by the way, now rank of Oregon, and is a rabid, to say the need a band; no, we don’t need a band. number one in the country, and pro- least, Oregon Ducks fan. And my wife We need a garrison-sized flag; no, we tecting Maryland’s natural heritage, and I had the opportunity to be with don’t. John was there making sure it including our beloved Chesapeake Bay. John and Candy at the championship all happened. After reaching the highest point in game in Arizona earlier this year. And John has served as one of my most Maryland politics, many would have among the 10,000 or 20,000 people at the important advisers, and is passionate ridden off into the sunset. But not Wil- reception ahead of time, we actually about issues related to water and tim- liam Donald Schaefer. He couldn’t get bumped into each other there, as fate ber, small business development, and enough of the work he loved, and he would have it, and had a wonderful the people. He is well-liked by every- ran for State Comptroller, and won evening. one who has ever met or worked with twice. In his last job he was one of our John served our country as a member John Snider. He was a true leader in State’s most respected voices for fiscal of the United States Coast Guard and our community and remains so today. responsibility. as president of the Rotary Club of Med- So today, I rise to take the time in Before he died, Governor Schaefer ford, where his attendance always the House to honor and recognize my was asked how he’d like to be remem- spiked when I was the speaker. He was longtime—only until he decided to bered, and he answered, ‘‘There are two always so busy, he never got to his own move on—district director, John words: ‘He cared.’ People,’’ he said, Rotary Club; so they always fined him Snider, to wish him and his wife Candy ‘‘mock me and make fun of it. But it’s extra heavily when I was there because and John’s daughter Robyn the very the truth.’’ then he was with me and they had their best in the years ahead. And as someone who worked closely opportunity to get at him. We look forward to continuing our with William Donald Schaefer through- John was my eyes and ears through- friendship and to working together for out his years as mayor and Governor out the Second District, which is 70,000 the betterment of our great State of and comptroller, I can say, without square miles of eastern, central, and Oregon, and always to cheer on the Or- any hesitation or fear of contradiction, southern Oregon. We, I think, have egon Ducks.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3226 CONGRESSIONAL RECORD — HOUSE May 12, 2011 HEALTH CARE REFORM LAW way of moderating early retiree health NATIONAL POLICE WEEK The SPEAKER pro tempore. The insurance costs so that they can en- The SPEAKER pro tempore. The Chair recognizes the gentleman from courage employees 55 and up to take Chair recognizes the gentleman from Connecticut (Mr. COURTNEY) for 5 min- retirement, opening up opportunities Texas (Mr. FLORES) for 5 minutes. utes. for younger workers in this country, Mr. FLORES. As many of you know, Mr. COURTNEY. Mr. Speaker, I rise which we desperately need, looking at this week is National Police Week, a to share with the House a headline graduating classes that are facing time to give special recognition to law which was reported in yesterday’s Con- daunting employment prospects. enforcement officers who have lost necticut media, which I believe is The fact of the matter is the health their lives in the line of duty for the going to reverberate all across the care reform law in terms of small busi- safety and protection of others. I come country. It reads that, ‘‘As Federal ness tax credits, real rate cut relief, before you today to honor one of my Health Reforms Take Effect, Aetna early retiree programs that help em- constituents who did just that. Proposes Rate Cuts.’’ ployment-based health benefits is now On April 23, 2011, Johnson County Now, for employers who have been rippling through the system and pro- Deputy Sheriff Clifton Taylor was first seeing double-digit increases for the viding help for thousands and thou- to the scene of a reported domestic dis- last decade, to see a headline that says sands of employers all across this coun- turbance in Venus, Texas. An anony- health insurance premiums are going try. mous caller had reported a man was to be cut probably seems like it must We know now that the health care re- threatening people with a weapon. be a typo or there must be some April form law is helping almost 1 million Upon arriving at the scene, Deputy Fool’s headline joke. But the fact of young Americans between the ages of Taylor, two other Johnson County dep- the matter is, as that story indicates, 21 and 26 stay on their parents’ health uties, and an officer from the Venus because of the Federal health care re- insurance plan. Police Department were informed that form law, the new premiums which are I was with a student up at the Uni- an armed man had fled to another going to go into effect in September versity of Connecticut the other day. building on the property. Deputy Tay- that Aetna is proposing have to be re- His sister was months away from grad- lor and the three other officers ap- duced anywhere from 5 percent to 19 uating from NYU when she was diag- proached the building, but the gunman percent. For policyholders, the savings nosed with a rare nerve disorder. And immediately opened fire. with these new premium announce- thank goodness for the health insur- Deputy Taylor was shot three times ments will be up to $3,500 a year on ance reform law that she was able to by the gunman and later died. He was policies that cost about $14,000 today. stay on her parents’ health care plan. 31 years old. His death marks the first Why is this happening? It is because Now she is receiving lifesaving treat- time since 1971 that an officer in John- the health care reform law contains a ments that are going to allow her to son County died in the line of duty, and provision which says that insurers attend law school starting next year. he is the 31st law enforcement officer must demonstrate that up to 80 to 85 For seniors we are seeing the new to be killed by gunfire in the line of percent of premium dollars have to be Medicare provisions that will close the duty this year. spent on health care. It is called the doughnut hole, that will provide pre- Deputy Taylor had been with the de- medical loss ratio rule. And under ex- ventive services like annual checkups, partment a little more than 3 years. He isting premiums that Aetna is col- cancer screenings that are now covered was deeply committed to serving and lecting these days, only 54 percent of 100 percent by the Medicare program as protecting his community as a law en- premium dollars are presently being a direct result of the health care re- forcement officer and will always be re- paid on health care. form law. These benefits are now flow- membered as one who placed honor and Now, again, as someone who was a ing through the system with a bill that duty above his own personal interests small employer before I came to Con- was fiscally responsible and that CBO and safety. gress in 2007 and paid those double- scored as a net saver to America’s I am deeply humbled by his service digit increases year in and year out, budget deficit. what we are seeing now is the fact that Again, I want to make sure people and dedication as a Texas law enforce- there is transparency in terms of how see this headline that employer-based ment officer to keeping others safe premiums are being handled and that premiums are going down because of that he would lay down his life not people are now understanding and, in the health care reform law provisions only for his fellow officers but for the fact, regulators are enforcing a rule that will protect employers and indi- community that he took an oath to which says that when you pay health viduals who buy health insurance, so protect. His sacrifice exemplifies that insurance premiums, not all of it, but that their premium dollar is actually set forth in John 15:13: Greater love has the bulk of it has to be spent on health going to be spent on health care and no one than this, than to lay down care. And because of this medical loss not on excessive administrative costs one’s life for his friends. ratio rule, we saw yesterday that and bonuses for people in the insurance f Aetna is proposing to cut health insur- industry. ance premiums for employers. And this Again, I come from Connecticut. We b 1030 is going to be replicated all across the are proud of the insurance industry. MAKE IT IN AMERICA AND country over the upcoming year as the My dad worked as an insurance com- CREATE JOBS Department of Health and Human pany lawyer his whole lifetime and Services is issuing these rules to State sent me to college because of that. The SPEAKER pro tempore. The insurance departments for implemen- The fact of the matter is these rules Chair recognizes the gentlewoman from tation. are something that the insurance in- Florida (Ms. WILSON) for 5 minutes. Thank goodness for those employers dustry can coexist with, they can make Ms. WILSON of Florida. Mr. Speaker, who are now going to be seeing real a health profit, they can grow their today I rise for one reason: to talk rate relief that we did not repeal the business, but it will stabilize the mar- about creating jobs, jobs, jobs. health care reform law. Thank good- ket so that people are not going to be I have been a Member of Congress for ness for those employers who are get- forced to abandon coverage for their 18 weeks, and I still have not seen any ting small business tax credits back in workers and for themselves because of plan that would create jobs. My con- the mail today for their IRS filings the skyrocketing double-digit in- stituents are hurting. They need help, that they submitted this year that we creases that we have been experiencing and I don’t see any coming. They are did not repeal the health care reform as a Nation for far too long. We have losing their homes. They need jobs. law. Thank goodness for all the em- relief in sight, and this headline I did not come to Congress to ‘‘drill, ployers across America who are now verifies that. baby, drill.’’ I did not come to Congress participating in the early retiree Let’s preserve these protections and to hand out corporate tax breaks. And health insurance reform program, make sure that our employers and indi- I did not come to Congress to end Medi- which over half the Fortune 500 compa- viduals have access to affordable care as we know it. I came to create nies in America have signed up for as a health care. jobs.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3227 Graduations are happening all across crumbling. A quarter of our bridges are pendence Act. Let’s rebuild America, the Nation, and I can’t help but won- structurally deficient. let’s create jobs without raising taxes, der, what sort of world will our grad- The American Society of Civil Engi- let’s stop borrowing from foreign na- uates be entering? What will happen to neers says all our infrastructure needs tions, let’s pay down our national debt, the class of 2011? are going to cost over $2 trillion for let’s stop buying from OPEC, and let’s Under the Republican budget plan, roads, bridges, water, sewer systems, use our rules and our laws to make graduates are entering a world with job airports, locks and dams. Where will sure we do all of this in a way that is losses and stifled economic growth. we find the money? environmentally sound so we can cre- Under the Republican legislative agen- Well, we send $100 billion each day to ate jobs and have energy independence da, graduates are entering a world in foreign nations for oil. OPEC exerts for this and the next generation. control over world oil prices and wants which Big Oil is given a free pass, a f free pass to ‘‘drill, baby, drill’’ with it to be $200 per barrel. We are 60 per- limited safety regulations and a free cent dependent on foreign oil, and TAPPING AMERICA’S INGENUITY pass to drill with limited environ- climbing. As a country, we waste 20 to AND CAN-DO SPIRIT mental safeguards. 40 percent of our energy in inefficient The SPEAKER pro tempore. The Under the Republican-controlled buildings and factories. Chair recognizes the gentleman from House, new graduates are entering into Mr. Speaker, we want clean air and Minnesota (Mr. WALZ) for 5 minutes. a world in which their elected officials water. We want to see our highways Mr. WALZ of Minnesota. I want to waste time and energy trying to repeal and bridges fixed. We want clean power thank my friend and colleague, the meaningful health care reform. Health plants, lower energy prices, and don’t gentleman from Pennsylvania, for his care reform is creating jobs for the pollute our environment. But where leadership, for his vision, and for the class of 2011. Thousands of students will the money come from? understanding that the American peo- Today, my colleagues and I on the will be trained in the health care field. ple sent us here to do America’s work. Energy Working Group are introducing Don’t repeal their jobs in health care. Not one party’s work, not ideological the Infrastructure, Jobs, and Energy Leave ObamaCare alone. Leave their rigidness, but the idea to come to- Independence Act, a bipartisan bill jobs alone. gether; that this Nation’s bounty in that for the first time brings forward a A new graduate doesn’t care about terms of energy reserves and mineral comprehensive plan to rebuild Amer- personal crusades lawmakers wage resources, if used wisely and safely and ica, take back our energy future, and against women’s rights and abortion. reinvested in this Nation’s future, can create millions of jobs. We can become They care about jobs. They care about produce what we know needs to be energy independent, we can create our Nation’s future. They care about done: strengthening our national secu- these jobs, and we can do it all without their future. Instead of political games, rity by making sure we control our en- raising taxes or adding to the national the time has come to focus on jobs. The ergy destiny, making sure we control debt. our economy, and making sure there’s time has come to focus on our Nation’s How? Well, America has enough off- stability in where that energy comes future. shore reserves to replace all oil im- from so that American families and As States all across the Nation are ports from Venezuela and Saudi Arabia facing severe fiscal problems, let’s stop for the next 80 years and enough clean businesses aren’t forced through the focusing on ways to end Medicare as we natural gas to power industry for the ups and downs at the whims of nations know it and ways to destroy the social next 63 years. Yet the drilling morato- that hate us. We spend billions, hundreds of bil- support network that has taken gen- rium means that instead of using our lions of dollars sending it to those na- erations to build in our country. Our own resources to grow jobs, we are sup- seniors need Medicare. It is the safety porting the economies of unstable re- tions that hate us. Heck, they’ll hate net and infrastructure all seniors need gimes that want to do us harm. us for free. And we can keep those jobs as they grow older. Seniors are living Our plan opens the door to the safe, at home, we can keep the money at longer. They get their prescription responsible expansion of energy pro- home, and we can invest. It’s not an ei- drugs, they can play with their grand- duction off our coasts, where there is $8 ther/or proposition. Taking the royal- children, and they are thriving under trillion worth of economic output in oil ties that belong to this Nation’s peo- Medicare. Leave Medicare alone. and gas reserves offshore. Over 20 ple, allowing them to be gained, to be I propose that from now until Au- years, that translates to between $2.5 expanded, and to be done in a respon- gust, each of us here in this Chamber trillion and $3.7 trillion in new Federal sible manner is something everybody come to Washington remembering the revenues, from lease rights and royal- in this House wants. We can take those mandate from our constituents: focus ties, without raising taxes. resources and reinvest them. on jobs, jobs, jobs. I don’t care what That is $440 billion for infrastructure I am proud to come from southern kind of tea you party with. I don’t care of our roads and bridges; $330 billion Minnesota, a place where innovation is who your Presidential candidate is. I that we will invest in renewable energy the air we breathe. We have the Mayo don’t care how much press you garner. sources and buildings and transpor- Clinic; we are the fourth leading pro- Join me in focusing on jobs, jobs, jobs. tation; $220 billion for clean coal tech- ducer of wind power; we are the leading Let’s rebuild our manufacturing nology; $88 billion for environmental producer of biofuels; we have the larg- base, let’s keep our beaches clean, and restoration to clean up our lakes, bays, est agricultural production; and we let’s make it in America. Make it in rivers and streams; $66 billion in en- have good small employers manufac- America, baby, and create jobs, jobs, ergy conservation; $110 billion for car- turing at home. That vision can be one jobs. bon-free technology and nuclear energy that we control our destiny. f development; $66 billion to rebuild our There is a group of us together, water and sewer systems in small Democrats and Republicans, intro- INFRASTRUCTURE, JOBS, AND towns and big cities all across Amer- ducing something that can become law, ENERGY INDEPENDENCE ACT ica; $44 billion for LIHEAP; and $660 that can do these things, that can rein- The SPEAKER pro tempore. The billion for States that are producing; vest in infrastructure, that can rein- Chair recognizes the gentleman from and also several hundred billion to pay vest in conservation, that can make Pennsylvania (Mr. MURPHY) for 5 min- down the national debt. sure that we control our destiny. And utes. Mr. Speaker, there is a plan for jobs the things that happen with dictators Mr. MURPHY of Pennsylvania. Mr. and energy in America, and this is the in the Middle East, the importance Speaker, a gallon of gas is over $4, plan that estimates are will create goes down. We control those things. We heading to $5. The average family about 1 million jobs each year, new can do it. It’s going to be on the floor spends $2,200 more on gas than they did jobs in building highways and bridges, today. 2 years ago. Fourteen million Ameri- new jobs in developing our energy re- Mr. Speaker, I encourage all of my cans are out of work and wondering sources. And we can do it all. colleagues to join this piece of legisla- how they are going to put food on the I ask my colleagues to support the tion. It is visionary. It is a compromise table. America’s infrastructure is Infrastructure, Jobs, and Energy Inde- to get to there. It can work. It adds

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3228 CONGRESSIONAL RECORD — HOUSE May 12, 2011 nothing to the national debt, but re- Mr. COSTA. Mr. Speaker, I rise today liever in using all of the energy tools in duces it. It adds nothing in taxes and it to join in with my colleagues in the in- our Nation’s energy toolbox. And that’s lets us control those things. troduction of legislation that we will what we need to do. Conventional en- This bill, and I will add, the gentle- be discussing later this afternoon: the ergy, together with renewable re- man’s work and my colleagues from Infrastructure Jobs and Energy Inde- sources and a strategy for energy con- California and across this Nation, was pendence Act of 2011. servation, will best serve our long-term written by us and the American people, First of all, I would like to thank my energy needs—the best management not lobbyists, not special interests. We colleagues who spoke a moment ago, practices our Nation has to offer. sat in a room together and agreed to Congressman TIM MURPHY and Con- As we create new comprehensive en- get along, to try to come together on gressman TIM WALZ, both who talked ergy policy to reduce our dependency things that we could work on to make so importantly on the need to get our on foreign sources of energy, reducing this country work. Nation’s energy house in order. our dependence on those nations, it b 1040 Since the long gas lines of 1973, pol- will make a big difference in America. icymakers on both sides of the aisle I believe it’s important for us to under- That’s going to be introduced today. have attempted various efforts to pur- stand and agree to realistic transi- It can happen. We owe it to the Amer- sue an energy policy that would reduce tional timelines as we embark upon ican people to get that done. Let’s roll our dependence on foreign sources of this bipartisan energy policy both in up the sleeves, tap that innovation, do energy. And what has been lacking the near term and the long term. the right things, get to work, and through all of those efforts since 1973 is Finally, I look forward to cooper- make this country energy independent. a long-term plan that has bipartisan ating and collaborating again with the Let’s secure our future both from a se- buy-in which we can stick to both in members of the Bipartisan Energy curity standpoint and an economic the near term and longer term to reach Working Group and other Members of standpoint and create jobs right at those goals. Why hasn’t it happened? Congress to address ways in which our home. Because, unfortunately, too often here Nation’s energy sources can best be Believe it or not, there are solutions in these Chambers the lost art of the utilized to help us secure that balanced coming right out of this Chamber. political compromise has gone away. energy future in the 21st century, f But today, with the introduction of which is what all Americans want us to CONGRATULATING GAIL ROMIG the bipartisan Infrastructure Jobs and do. I believe this legislation that we The SPEAKER pro tempore. The Energy Independence Act of 2011, we will introduce this afternoon will put Chair recognizes the gentleman from have an opportunity to come together us along that path for a long-term se- as a House, to come together as a Na- Pennsylvania (Mr. THOMPSON) for 5 cure energy future for America in the minutes. tion. This is what the Bipartisan En- 21st century. Mr. THOMPSON of Pennsylvania. ergy Working Group has done over the f Mr. Speaker, each year the White last few months to really put together a piece of legislation that reflects past IMPLEMENTING SMART ENERGY House recognizes outstanding teachers PLANS for their contributions to the teaching efforts, commonsense ideas that will and learning of mathematics and enhance our path toward energy inde- The SPEAKER pro tempore. The science through the prestigious Presi- pendence and national security Chair recognizes the gentleman from dential Award for Excellence in Mathe- through the following means. First, it Mississippi (Mr. NUNNELEE) for 5 min- matics and Science. On April 28, Presi- would increase the production of do- utes. dent Obama named 85 teachers as re- mestic oil and gas on the Outer Conti- Mr. NUNNELEE. This morning, in cipients of the 2010 award, one of which nental Shelf. It would also increase Tupelo, Mississippi, Whiteside’s Res- was from the Fifth District of Pennsyl- sources of alternative energy utilizing taurant is quiet. The lights are turned vania, Mifflin County resident Ms. Gail clean energy technologies whenever off. Tables around which coffee and Romig, a teacher at State College Area possible. In addition to that, it would conversation had flowed freely, a place School District. dedicate a fixed percentage of the roy- where I have enjoyed many great Today, I want to thank Ms. Romig alties that we receive from oil and gas meals, is quiet this morning. And on for her dedication to her students and that is derived from Federal lands both the front door there’s a sign that sim- commitment to the field of mathe- onshore and offshore, the second-larg- ply says, ‘‘Due to the economy and matics. We live in a global economy est source of revenue to our Nation’s Uncle Sam, Whiteside’s is closed. that is ever-changing and where Amer- Treasury, to the following purposes: Donna Whiteside said that the driving ica is forced to continually adapt, inno- First of all, it would invest in our in- force in her closing her business was vate, and find new ways to remain frastructure revitalization and renewal higher taxes, increased gas prices, and competitive in the global marketplace. that provides more jobs that are sorely a sluggish economy. Higher gas prices Our competitiveness relies on the ex- needed. It would invest in conservation have become a cruel tax on all Ameri- cellence of individuals in technical programs. It would invest in environ- cans. Donna Whiteside saw it as her fields such as math and science. We mental restoration projects. It would customers had shrinking disposable in- rely on dedicated individuals like Ms. invest so importantly in renewable en- comes because of higher gas prices. Romig to help create our next genera- ergy research and development so that Donna Whiteside saw that the cost of tion of technical minds. once again we can regain the lead her groceries were going up because of From coast to coast, from urban en- around the world. It would invest in higher gas prices. claves to rural towns, teachers across clean energy technology as well as in- What is not helping Americans get the country are utilizing their exper- creasing development of existing as relief at the pump is the stalling of en- tise and creativity to equip the next well as traditional energy sources, like ergy production by this administra- generation of Americans to succeed improving our transmission lines. And tion. Since taking office, President and to lead. it would provide energy assistance for Obama has actively delayed, blocked, Thank you to Ms. Romig and others those most in need. Sharing a portion and stalled American energy produc- like her all across the country that are of such royalties with producing States tion—and the American people are sick working to ensure America is competi- also would provide an incentive for of these stalling tactics. That’s why tive for generations to come. those States. And it would increase the the House of Representatives is concen- f diversification and efficiency of Amer- trating on three key initiatives that ica’s transportation system, among will reverse the Obama administra- AMERICAN CONSERVATION AND other things. tion’s policies that are hurting families CLEAN ENERGY INDEPENDENCE As a Nation, we must work together and small businesses, destroying jobs, ACT toward realistic energy policy. At the and increasing our reliance on foreign The SPEAKER pro tempore. The end of the day, we cannot afford to oil. Chair recognizes the gentleman from take any energy sources off the table. Last week, the House passed the Re- California (Mr. COSTA) for 5 minutes. As many of you know, I am a firm be- starting American Offshore Leasing

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3229 Now Act. It will require the Secretary was described by friends as a generous tient, waiting decades for their relief. of the Interior to conduct oil and nat- and beloved friend who will be greatly Now, the Corps of Engineers and the ural gas lease sales in the Gulf of Mex- missed. Federal Emergency Management Agen- ico and offshore Virginia that have Loretta’s sister, Patricia Lynette cy are finalizing plans that will provide been delayed or canceled by this ad- Thompson, attended Brayton Baptist the protection they deserve. ministration. In fact, if we don’t have Church in Graysville and was pre- About 200 people came out to my an oil lease this year, it will be the viously very involved in the Tremont Home to House public forums, where first time in my lifetime that the Baptist Church. Those that knew her they learned about the issues we’re American public has not had that. said that her faith and her church fam- tackling here in Congress. I was eager Yesterday, the House voted on the ily were a very important part of her to talk with them about Medicare re- Putting the Gulf of Mexico Back to life. Her family says they will remem- form and about the steps we’re taking Work Act. Since the drilling morato- ber her as ‘‘the best mother, grand- to cut the outrageous overspending. rium was officially lifted in October, mother and wife in the world.’’ Most of my constituents understood the administration has chosen to drag Debbie Gibbs Fox was known as an what we’re doing here, especially the their feet and stalled the permitting avid animal lover and her husband, senior citizens. They know that we’re process in the gulf. Twelve rigs have al- Harold ‘‘Sonny Boy’’ Hudson Fox, was trying to save the future for their chil- ready left the gulf for other regions, described by friends as someone with a dren and their grandchildren. Many of taking hundreds and even thousands of lightened spirit who was always a joy my constituents also told me they jobs with them. This steady decline in to be around. don’t want us to raise the debt ceiling oil and natural gas production is cost- To all the families and friends of without securing substantial budget ing the United States $4.7 million every each of these victims, I’m sorry for cuts. day in lost revenues. This act speeds up your loss and offer my deepest sym- But everywhere I went, my neighbors the drilling permitting process and will pathies. asked me what we’re doing here in Con- put thousands of Americans back to I would also like to take a moment gress to lower the price of gas. Over the work. to recognize the many emergency man- 2-week constituent work period, reg- Today, we’ll vote on the Reversing agement service workers and volun- ular unleaded gas cost between $3.90 President Obama’s Offshore Morato- teers that have worked tirelessly to and $4 a gallon. People would come up rium Act. The administration’s actions help the victims overcome this terrible to me at the gas station as I was filling have placed the Atlantic coast, the Pa- tragedy. While touring the damage left up and tell me that we need to work cific coast, and areas of Alaska off lim- by these storms, I was extremely harder here to solve this problem. I am its. This Act will implement a smart touched by the kindness and generosity happy to report that this week and last drilling plan requiring the administra- of the many people who were there to I voted on two bills that will put thou- tion to move forward on American en- immediately lend a hand to their sands of Americans back to work, ergy production in areas containing neighbors in this time of great need. while increasing American energy pro- the most oil and natural gas resources. I know that the rebuilding process duction to help address rising gasoline In north Mississippi, we’re working will be difficult and that much was prices. at leading the way toward helping our lost, but I’m confident that our com- There are two events in the con- Nation become energy secure. All three munity will get through this. My wife, stituent work period that stand out for of these bills combined can create up to Amy, and I are keeping the families of me. One was speaking to a class of stu- 1.2 million jobs that will generate rev- the affected members in our thoughts dents at St. Jude’s School in Mountain enue that our Nation needs, and it will and prayers as they begin the process Top. These bright, eager young men put us on the path to achieving energy of rebuilding their lives. May God bless and women were curious about what we security, of more American oil, more you. do here in Congress. They asked in- natural gas, clean coal, nuclear energy, f sightful questions. They wanted to and new technologies such as wind and learn about Washington. They offered CONSTITUENT WORK PERIOD solar. some insights on how to make their fu- RECAP b 1050 tures brighter. As I continue to exam- Donna Whiteside and the thousands The SPEAKER pro tempore. The ine education and workforce programs of businesses and families around Chair recognizes the gentleman from as a member of the House Education America need to know that the House Pennsylvania (Mr. BARLETTA) for 5 and the Workforce Committee, I will of Representatives is listening to them. minutes. remember these students and their ad- The House Republican American en- Mr. BARLETTA. Mr. Speaker, once vice. ergy initiatives will free the American again it is a privilege to rise this morn- The second event was the arrival of people from the Obama administra- ing and share with my colleagues in the Patriot Flag in my hometown of tion’s stalling games. If the Senate will the House what my neighbors at home Hazleton. This giant symbol of the consider and pass this legislation, it shared with me during the last con- United States is traveling around the will put an end to higher gas prices stituent work period. During those 2 country to commemorate the 10th an- that are straining budgets and are weeks in April, I met with business and niversary of the September 11 attacks. compromising our energy security. community leaders in Wilkes-Barre to It was my privilege to stand on the see how they’re working to keep their steps of city hall and help first re- f downtown alive and vibrant. For exam- sponders, law enforcement, Boy Scouts, REMEMBERING THE VICTIMS OF ple, they converted an old storefront, and members of the military fold the THE VIOLENT TENNESSEE right in the heart of the city, into a Patriot Flag. STORMS business incubator which encourages Less than 36 hours later, we learned The SPEAKER pro tempore. The local entrepreneurs and start-up firms. that Osama bin Laden was dead. The Chair recognizes the gentleman from The Greater Wilkes-Barre Chamber of death of the most visible face of inter- Tennessee (Mr. DESJARLAIS) for 5 min- Business and Industry is also trying to national terrorism is a historic event, utes. restore the city’s Irem Temple, a local and it is one that unified our country. Mr. DESJARLAIS. Mr. Speaker, landmark that is a truly beautiful My neighbors in the 11th District of today I come to the floor of the U.S. building, one of the last buildings of its Pennsylvania are proud to congratu- House of Representatives to remember kind in the United States. late our brave men and women in our the four victims who tragically lost I toured an ongoing flood control Armed Forces and intelligence serv- their lives in Bledsoe County as a re- project in the city of Scranton. There, ices, and we thank all of them and sult of the severe storms and tornadoes the Army Corps of Engineers is work- their families for their continuing sac- that struck middle Tennessee on April ing to make sure the flood walls meet rifices. We also commend President 28, 2011. new standards to protect thousands of Obama for taking bold action. Loretta Winters Bellos was dearly residents and dozens of businesses. The spontaneous celebrations after loved by those in her community. She These constituents have been very pa- bin Laden’s death in front of the White

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3230 CONGRESSIONAL RECORD — HOUSE May 12, 2011 House, at Ground Zero in New York lic for which it stands, one nation under God, nations while ignoring Americans in City, and all across the country once indivisible, with liberty and justice for all. Texas. Why does the administration de- again remind us that there is more f spise Texas? Meanwhile, the fires con- that unites us than divides us. We are WELCOMING MONSIGNOR CRAIG tinue. And that’s just the way it is. all, at the core, proud Americans. If we HARRISON can learn anything from recent events, f it is that America is strong and resil- The SPEAKER. Without objection, the gentleman from California (Mr. CONDEMNING THE DEATH OF ient. If we stay dedicated to our ef- JUAN WILFREDO SOTO forts, we can get our country back on MCCARTHY) is recognized for 1 minute. track. There was no objection. (Mr. SIRES asked and was given per- Fueled with the feedback I heard Mr. MCCARTHY of California. Mr. mission to address the House for 1 from my neighbors during 2 weeks at Speaker, I am honored to welcome minute.) Mr. SIRES. Mr. Speaker, I rise today home in northeastern Pennsylvania, I Monsignor Craig Harrison from Bakers- to condemn the brutal beating and sub- am ready to keep fighting for them. field, California, and appreciate that he sequent death of Juan Wilfredo Soto. Thank you, Mr. Speaker. was able to be here today to open up our floor session with the invocation. Last Thursday, Soto, while partici- f It is great to have a fellow Bakersfield pating in a peaceful protest against the RECESS High School Driller here on the floor Castro regime, Cuban authorities beat him so badly that he was later taken to The SPEAKER pro tempore. Pursu- with me. Since he returned to Bakersfield in the hospital, where he died. ant to clause 12(a) of rule I, the Chair Soto was a brave man and a re- declares the House in recess until noon 1999 to be the pastor of his hometown parish, Monsignor Craig has had a pro- spected advocate who helped support today. the hunger strikes of human rights Accordingly (at 10 o’clock and 58 found, positive impact on the lives of the thousands in our community. The award winner Guillermo Farinas. minutes a.m.), the House stood in re- Juan Wilfredo Soto’s death is the lat- cess until noon. fact that the number of families in his parish has increased by over 5,000 and est brazen illustration of the violent f enrollment in the parish school has methods the Castro brothers utilize to b 1200 doubled is a testament to his leader- oppress freedom in Cuba. In the last 2 ship in our community. months reports of oppression have in- AFTER RECESS He is more than just a faith leader. creased. As many praised the false promises of The recess having expired, the House He is an author of a children’s book, he the Sixth Communist Party Congress was called to order by the Speaker at is a faith leader to many of us through- held in Cuba last month, few acknowl- noon. out the community, and, on a personal edged the crackdown on dissidents and note, he was a faith leader to my father f journalists that took place. Prior to as he battled his fight with cancer. PRAYER the congress, Cuban authorities report- Monsignor Craig is a true friend to edly arrested and detained opposition Monsignor Craig Harrison, St. the Bakersfield community, and I ap- members to ensure that all voices crit- Francis of Assisi Catholic Church, Ba- preciate that he was able to share his ical to the regime would be silent and kersfield, California, offered the fol- words of wisdom on the House floor. that no protests would be visible. lowing prayer: f Gracious and loving God, we are The United States and the inter- grateful for the gifts and blessings You ANNOUNCEMENT BY THE SPEAKER national community must join to- have shown our Nation. PRO TEMPORE gether in condemning the wrongful death of Juan Wilfredo Soto and sup- Be with those who are suffering the The SPEAKER pro tempore (Mr. porting human rights on the island. We devastation of the great storms that GARDNER). The Chair will entertain up must show Cuban leaders that their we have experienced and help us as a to 15 further requests for 1-minute brutality is not going to go unnoticed. Nation to respond. speeches on each side of the aisle. f Bless the women and men gathered f here who are called to protect and MAJORITY’S PLAN FOR MEDICARE serve the people of the United States. U.S. FIREFIGHTERS GO TO MEXICO IS THE WRONG APPROACH AND FLY OVER TEXAS Watch over and bless all those who (Mrs. DAVIS of California asked and serve our Nation abroad. (Mr. POE of Texas asked and was was given permission to address the Guide the Members of this Congress, given permission to address the House House for 1 minute.) that their work today will reflect Your for 1 minute.) Mrs. DAVIS of California. Mr. Speak- love and compassion and guide our Na- Mr. POE of Texas. Mr. Speaker, the er, if the majority’s plan for Medicare tion to be a leader in justice and peace. administration is fighting wildfires. In ever becomes law, seniors will lose We pray this in the name of the one December, the United States sent two their guaranteed benefit and get a pri- who created us in love. Amen. firefighting planes to battle fires in vate insurance voucher. f Israel. In April, two specially equipped Seniors are calling. They are nervous U.S. Air Force C–130 cargo planes and and justified in asking all sorts of ques- THE JOURNAL 30 personnel were sent to battle tions about the plan, such as: Will the The SPEAKER. The Chair has exam- wildfires in Mexico. The fires in Mexico voucher cover me if I get sick? Will the ined the Journal of the last day’s pro- burned about 380 square miles near the voucher result in rationed care? And ceedings and announces to the House Texas border. The United States came will I need to pay more out of pocket? his approval thereof. to the rescue. The Congressional Budget Office says Pursuant to clause 1, rule I, the Jour- But not everyone gets help from the seniors will pay more—much more. nal stands approved. United States. A wildfire epidemic has Out-of-pocket costs to seniors will dou- f also occurred in Texas, with more than ble in 2022 and rise by 68 percent by 9,000 fires. Two million acres have been 2030. PLEDGE OF ALLEGIANCE burned. That is the size of Rhode Island This massive cost shifting saves the The SPEAKER. Will the gentleman and Delaware combined and ten times Federal Government a lot of money. from New Jersey (Mr. SIRES) come for- the size of the fires in Mexico. And the And where does all of the money taken ward and lead the House in the Pledge State is still on fire. from seniors and Medicare go? Well, it of Allegiance. Texas Governor Perry requested Fed- doesn’t pay off the debt. It doesn’t cre- Mr. SIRES led the Pledge of Alle- eral help, but the administration sum- ate jobs or help folks pay for gas or giance as follows: marily denied the Governor’s request. groceries. But it does go to finance I pledge allegiance to the Flag of the The administration, it seems, is more large new tax cuts for the most well- United States of America, and to the Repub- concerned about taking care of foreign off.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3231 This is the wrong approach to caring nity. I appreciate their hard work and and the repressive police here respon- for our seniors. dedication to this basketball program sible for whatever happens to me in the f and to the students of Newark High future.’’ School. Congratulations on a job well This past weekend, he gave the ulti- TIME TO STOP POLITICAL GAMES done. mate sacrifice for Cuba’s freedom and AND WORK TOGETHER f became yet another victim in the Cas- (Mr. BACA asked and was given per- tro brothers’ 50-year reign of terror. CODE NAME ‘‘GERONIMO’’ mission to address the House for 1 f minute.) (Mr. FALEOMAVAEGA asked and MEDICARE Mr. BACA. Mr. Speaker, right now was given permission to address the Californians in my home district face House for 1 minute and to revise and (Mr. YARMUTH asked and was given an almost 14 percent unemployment extend his remarks.) permission to address the House for 1 rate and are dealing with the fourth Mr. FALEOMAVAEGA. Mr. Speaker, minute.) highest rate of foreclosures in the Na- just last week, the U.S. military car- Mr. YARMUTH. Mr. Speaker, this tion. ried out a covert operation that ended past Tuesday, 41 House Republicans What my constituents need above all in the killing of the most wanted ter- sent a letter to President Obama plead- else is for both of us, Republicans and rorist on the planet, Osama bin Laden. ing with him to stop the criticism of Democrats, to come together on cre- The news of Osama bin Laden’s death the GOP’s plan to turn Medicare into a ating new jobs. Yet in the last 18 weeks at the hands of our heroic Navy SEALs private voucher system—a system that the Republicans have controlled the sent forth a wave of tremendous relief would cost future seniors thousands of House, they have yet to bring one sin- by the American people. dollars each year. Let bygones be by- gle bill focused on creating jobs. In- However, Mr. Speaker, we also gones, these Republicans said. Let’s stead, they have put forward a partisan learned that the U.S. military and the wipe the slate clean. Well, I can’t help agenda that is more about scoring po- CIA used the code name ‘‘Geronimo’’ but laugh at the irony. litical points than helping American for the operation to seize and kill Last year, in districts all throughout families. Osama bin Laden. The first reports of the country, Republican candidates for We should be putting American fami- the details of the raid stated that Congress attacked Democrats for sup- lies back to work. We should not be Osama bin Laden had been identified as porting the Affordable Care Act, claim- voting to dismantle safety nets for sen- ‘‘Geronimo’’—enemy killed in action. ing it cut $500 billion from Medicare— iors and vulnerable Americans. The Re- Mr. Speaker, I would strongly sug- wrongly, I might add. publican attacks on Medicare and Med- gest to all my colleagues in the House Fast forward 1 year later, and those icaid go against our core values and that you should go and see the movie same Republicans now in Congress just threaten the health care of 44 million ‘‘Geronimo’’ and see for yourselves if a few weeks ago voted for a budget that low-income Americans. the Chiricahua Apache warrior Geron- actually embraces the very same $500 It is time to stop political games. imo was a terrorist and murderer of billion in savings we found in Medicare Let’s work together, and I say let’s thousands of innocent men, women, in the Affordable Care Act. work together and focus on straight- and children like Osama bin Laden. On There’s a difference, though. In the ening out our economy and creating the contrary, Geronimo was one of the health care law, Democrats took that jobs. greatest American Indian warriors who $500 billion and reinvested it in Medi- fought against some of the most vi- care to increase the life of the program f cious, cruelest, and inhumane treat- for more than a decade. What did the b 1210 ment and policies instituted by our Republicans do? They take that $500 billion and use it to pay for more tax CONGRATULATING NEWARK COM- Federal Government against his peo- cuts for the wealthiest Americans and MUNITY HIGH SCHOOL BOYS ple. As a Nation—Mr. Speaker—I know giant oil companies. And Medicare? BASKETBALL TEAM we can do better than this. And with They dismantle it, forcing future sen- (Mr. HULTGREN asked and was all due respect, I believe the President iors into a new system that will re- given permission to address the House and CIA Director Panetta owe the quire them to pay upwards of $180,000 for 1 minute.) Apache Nation an apology. more for their care. Mr. HULTGREN. Mr. Speaker, I rise f The American people will not let to congratulate the Newark Commu- them forget. JUAN WILFREDO SOTO nity High School boys basketball team f on their 2011 Illinois class 1A cham- (Mr. RIVERA asked and was given pionship title. This is a great accom- permission to address the House for 1 UNDERSTANDING WHAT’S plishment; and their team, coaches, minute and to revise and extend his re- HAPPENING AT THE PUMP and the entire Newark community marks.) (Mr. MORAN asked and was given should be very proud. Mr. RIVERA. I rise today to inform permission to address the House for 1 Newark, Illinois, is a town of less my colleagues of yet another ruthless minute and to revise and extend his re- than a thousand people. It is symbolic murder by the Castro dictatorship in marks.) of our great Nation and is a place I am Cuba. Last Sunday, Juan Wilfredo Soto Mr. MORAN. Mr. Speaker, 1 year ago, honored to represent. Newark High Garcia, a dissident leader on the island, lax regulation and reckless pursuit of School, with a total enrollment of less was viciously beaten to death by Cas- higher oil company profits resulted in than 200 students, has never before won tro’s state security thugs simply for 11 deaths, 200 million gallons of oil the State championship. Coach Rick participating in a peaceful protest. dumped into our gulf waters, tens of Tollefson, head coach of the Newark Soto belonged to Foro Anti- thousands of marine and aquatic life Norsemen, has been with the program Totalitario Unido, or the United Anti- lost, and a damaged fishing and tour- for 5 years and in that time has led the Totalitarian Forum, a peaceful dis- ism industry. A panel of experts Norsemen to three consecutive sec- sident organization. Witnesses have at- showed us how we can learn from past tional championships as well as this tested that two of Castro’s henchmen mistakes and implement regulations to year’s State title. It has certainly been cuffed his hands behind his back and ensure that this disaster doesn’t hap- an exciting time for this close-knit then beat him mercilessly and repeat- pen again. Yet over the last 2 weeks community. edly with batons until he was dead. the Republican majority has passed On behalf of the House of Representa- For 30 years, Soto peacefully worked legislation to create an even more lax tives, I would like to personally con- for freedom and change on the island regulatory environment than existed gratulate everyone who made Newark and served 12 years in Castro’s political before the BP oil spill disaster. history this year, as well as those who prisons for his pro-democracy advo- Opening our shores to drilling and re- made it possible—the school’s adminis- cacy. Last year, Soto stated, ‘‘I hold turning to pre-BP oil spill regulations trators and the entire Newark commu- Cuban state security, the government, won’t reduce our dependence on foreign

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3232 CONGRESSIONAL RECORD — HOUSE May 12, 2011 oil, and it won’t reduce the price of gas PROVIDING FOR CONSIDERATION GENERAL LEAVE at the pump. The United States holds OF H.R. 754, INTELLIGENCE AU- Mr. SESSIONS. Mr. Speaker, I ask less than 2 percent of the world’s oil re- THORIZATION ACT FOR FISCAL unanimous consent that all Members serves while we consume more than 22 YEAR 2011 have 5 legislative days to revise and ex- percent. Even if all restricted areas in Mr. SESSIONS. Mr. Speaker, by di- tend their remarks. the U.S. could somehow be brought rection of the Committee on Rules, I The SPEAKER pro tempore. Is there into production at this moment, the oil call up House Resolution 264 and ask objection to the request of the gen- they would yield under the best sce- for its immediate consideration. tleman from Texas? nario is about a million barrels of oil a The Clerk read the resolution, as fol- There was no objection. day—5 percent of our daily consump- lows: tion. H. RES. 264 Mr. SESSIONS. House Resolution 264 Those bills shouldn’t get any further Resolved, That at any time after the adop- provides for a structured rule des- than the House. The Senate should re- tion of this resolution the Speaker may, pur- ignated by the Rules Committee for ject them. The American people should suant to clause 2(b) of rule XVIII, declare the consideration of H.R. 754. This rules al- better understand the real cost of giv- House resolved into the Committee of the lows for nine of the amendments sub- ing the oil companies everything they Whole House on the state of the Union for mitted to the Rules Committee to be consideration of the bill (H.R. 754) to author- made in order. want. ize appropriations for fiscal year 2011 for in- telligence and intelligence-related activities Mr. Speaker, I rise today in support f of the United States Government, the Com- of this rule and the underlying bill. munity Management Account, and the Cen- The fiscal year 2011 budget process LET’S HELP REBUILD AMERICA tral Intelligence Agency Retirement and Dis- began last Congress with about a dozen ability System, and for other purposes. The hearings and Member briefings and (Mr. CLARKE of Michigan asked and first reading of the bill shall be dispensed continued into this Congress with more was given permission to address the with. All points of order against consider- briefings and negotiations. This legis- ation of the bill are waived. General debate House for 1 minute and to revise and lation was introduced by the chairman extend his remarks.) shall be confined to the bill and shall not ex- ceed one hour equally divided and controlled of the House Permanent Select Com- Mr. CLARKE of Michigan. It’s very by the chair and ranking minority member mittee on Intelligence, the gentleman clear in these economic times that of the Permanent Select Committee on In- from Michigan, MIKE ROGERS, and has Americans need jobs and, more accu- telligence. After general debate the bill shall gone through regular order to achieve rately, we need the investment that be considered for amendment under the five- its presence on the floor today. H.R. 754 will create jobs. We’ve got the money minute rule. It shall be in order to consider was marked up in the Intelligence as an original bill for the purpose of amend- to do it. In light of the fact that bin Committee and the chairman of the Laden is no longer a threat to Ameri- ment under the five-minute rule the amend- ment in the nature of a substitute rec- Rules Committee, the gentleman from cans, we don’t need to spend over $100 ommended by the Permanent Select Com- California, DAVID DREIER, provided a billion a year in Afghanistan. mittee on Intelligence now printed in the structured amendment process for nine So, again, let’s take a share of the bill. The committee amendment in the na- additional amendments from Repub- money that’s gone to rebuild Afghani- ture of a substitute shall be considered as licans and Democrats to be considered stan, have it sent back to the U.S. tax- read. All points of order against the com- today on the House floor. payers right here in the United States mittee amendment in the nature of a sub- stitute are waived. No amendment to the The bill we are discussing today au- to create jobs right here in the U.S. committee amendment in the nature of a thorizes the intelligence and intel- Let’s help rebuild American cities like substitute shall be in order except those ligence-related activities of the United the city of Detroit. When you do that, printed in the report of the Committee on States Government for fiscal year 2011 you rebuild U.S. manufacturing capac- Rules accompanying this resolution. Each in order to enhance the national secu- ity. That will create jobs for thousands such amendment may be offered only in the rity of the United States, to support and even millions of Americans right order printed in the report, may be offered only by a Member designated in the report, and assist the Armed Forces of the here at home. The best way to make it United States, and to support the in America: redirect our tax dollars shall be considered as read, shall be debat- able for the time specified in the report President of the United States in the away from Afghanistan in part to cre- equally divided and controlled by the pro- execution of the foreign policy of the ate jobs right here for American peo- ponent and an opponent, shall not be subject United States of America. This bill is a ple. to amendment, and shall not be subject to a vital tool for congressional oversight of demand for division of the question in the the classified activities of the intel- f House or in the Committee of the Whole. All points of order against such amendments are ligence community, and it is critical to waived. At the conclusion of consideration of ensuring that our intelligence agencies BROAD RANGE OF ENERGY the bill for amendment the Committee shall have the resources and authorities SOLUTIONS rise and report the bill to the House with they need to accomplish this important such amendments as may have been adopted. (Mr. BILIRAKIS asked and was given work on behalf of keeping America Any Member may demand a separate vote in free. permission to address the House for 1 the House on any amendment adopted in the minute.) Committee of the Whole to the bill or to the The primary vehicle for exercising Mr. BILIRAKIS. Mr. Speaker, a few committee amendment in the nature of a credible congressional oversight over days ago, I visited a local Tampa gas substitute. The previous question shall be our intelligence agencies is the intel- station and spoke with dozens of cus- considered as ordered on the bill and amend- ligence authorization bill. Yet we have tomers about the impact of rising gas ments thereto to final passage without inter- not passed a bona fide intelligence au- vening motion except one motion to recom- thorization bill in 6 years. Although prices on already financially strapped mit with or without instructions. families. Overwhelmingly, my con- the National Security Act requires in- stituents told me that we must look at b 1220 telligence activities to be specifically a broad range of energy solutions to re- The SPEAKER pro tempore. The gen- authorized, in recent years certain ap- duce our dependency on foreign oil and tleman from Texas is recognized for 1 propriation bills have included lan- reduce the price we pay at the pump. hour. guage that would ‘‘deem’’ the intel- We should increase domestic energy Mr. SESSIONS. For the purpose of ligence funding to be authorized. This production, promote energy efficiency, debate only, I yield the customary 30 procedure meets the statutory require- and encourage private investment and minutes to my friend the distinguished ment but has weakened the ability, I renewable energy technologies as part gentleman from Florida (Mr. believe, of Congress in its oversight of of a comprehensive plan to address our HASTINGS), pending which I yield my- intelligence activities in recent years. energy needs. Not only will this all-in- self such time as I may consume. Dur- The U.S. intelligence community clusive approach ease the burden of ing consideration of this resolution, all plays a critical role in the war on ter- high gas prices but it will help create time yielded is for the purpose of de- rorism and securing our country from jobs that this country needs. bate only. the many other threats we face as a

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3233 Nation. The recent killing of the ter- men and women of the intelligence as a member of the Intelligence Com- rorist Osama bin Laden is a clear ex- community and expecting the results mittee. I cannot overstate how much I ample of the important work our intel- that would come from them, is a very appreciate, and am humbled by, their ligence agencies are doing behind the important part of what our job as service. Over the past 10 years, our scenes every single day to protect Members of Congress is all about. country has continued to make daily America and Americans. Keeping the I applaud Chairman MIKE ROGERS of progress against threats, thanks to the laws governing our intelligence oper- Michigan for providing this Congress service of those dedicated profes- ations up to date and ensuring that with a much needed intelligence au- sionals. We must keep in mind, though, there are no unnecessary barriers in thorization bill, and I appreciate the that in spite of our best effort, we still the way of future successes are exactly exhaustive process on a bipartisan face many real threats, and we still why we are here today and seek the au- basis not only that Chairman ROGERS have much work to do to get it right. thorization to pass an annual intel- has led but that includes a return to Mr. Speaker, H.R. 754 provides de- ligence bill today. regular order in the authorization of tailed guidance and authorizes appro- The intelligence authorization bill this important legislation. I rise in priations for the many agencies of the funds all U.S. intelligence activities, support of the rule and the underlying intelligence community, while also im- spanning 17 separate agencies. Last bill. proving accountability and trans- year, this funding totaled roughly $80 I reserve the balance of my time. parency. It is essential that we stream- billion. Our Nation’s current chal- b 1230 line and coordinate oversight for coun- lenging fiscal circumstances demand terintelligence. H.R. 754 amends the Mr. HASTINGS of Florida. I thank that Congress fulfill its duties and pro- Counterintelligence Enhancement Act my friend from Texas for yielding the vide the appropriate accountability of 2002 to require the national counter- time. and financial oversight of our classified intelligence strategy to be aligned with Mr. Speaker, H.R. 754, the Intel- intelligence programs through an au- the policies and strategy of the Direc- ligence Authorization Act for Fiscal thorization bill yearly. Additionally, tor of National Intelligence. this bill will ensure that Congress Year 2011, authorizes appropriations for fiscal year 2011 for U.S. intelligence It is often reported that our govern- funds the requirements of the brave ment agencies come under cyberattack and dedicated men and women in the and intelligence-related activities within the jurisdiction of the House all day, every day, 365 days a year. intelligence community, military and International criminals, malicious in- civilian, many of whom directly sup- Permanent Select Committee on Intel- ligence, including the National Intel- dividuals, and even other Nations are port the war zones or are engaged in actively engaged in a constant effort to other dangerous operations that keep ligence Program and the Military In- telligence Program, as well as for the break into our cyber networks to ob- Americans safe. tain information, or to wreak havoc on The underlying legislation provides Intelligence Community Management the systems that govern our Nation’s oversight and authorization for critical Account and for the Central Intel- infrastructure, financial, military, dip- intelligence activities, including global ligence Agency Retirement and Dis- lomatic, and social networks. We must, counterterrorism operations such as ability System. of all things, be mindful of our respon- the one that took out the terrorist We are considering this legislation at sibilities in that area. It can have a Osama bin Laden, tactical intelligence an auspicious time. The death of devastating impact if not properly at- support to support combat units in Osama bin Laden and the disarray in tended. Iraq, Afghanistan, and wherever else the al Qaeda network comes as a result they’re needed around the world, of years of painstaking effort by the Finally, Mr. Speaker, we must con- cyberdefense, detecting and countering hardworking men and women of the in- sider diversity to be a mission impera- weapons of mass destruction, global telligence community, the military, tive. I have stated time and again that monitoring of foreign militaries, weap- President Bush, and President Obama’s the intelligence community is not di- ons tests, and arms control treaties. gutsy, courageous, and correct call on verse enough to successfully meet its Additionally, this bill’s classified May 1 of this year. They succeeded ad- requirements and achieve success on annex provides detailed guidance on in- mirably in carrying out a difficult and its missions. On February 26, 2010, the telligence spending, including adjust- dangerous mission. This legislation House of Representatives passed my ments to costly programs. codifies many of the lessons learned in amendment to H.R. 2701, the Intel- This bill takes an important step for- recent years that led to Osama bin ligence Authorization Act for Fiscal ward in the intelligence community to Laden’s demise. It is important that we Year 2010, which required the Office of help them meet the same financial ac- continue to provide the necessary re- the Director of National Intelligence, counting standard as other parts of the sources to sustain the momentum the in coordination with the heads of the government. These accounting stand- United States and its allies enjoy in elements of the intelligence commu- ards will help uncover savings in the the effort to protect our Nation and its nity, to submit to Congress a report on current programs that can be rein- citizens. the plans of each element of the com- vested into vital programs and prior- As the former vice chair of the House munity to increase diversity. The re- ities or returned to the American tax- Intelligence Committee, I personally port is expected to be finalized in Octo- payer. know that the intelligence community ber of this year. Simply put, we need I was very pleased this week when is the first line of defense against those people who blend in, who speak the lan- the gentleman from Michigan, Chair- wishing to do us harm here at home guage, and understand the cultures in man MIKE ROGERS, and the gentleman and across the globe. Where terrorists the countries that we are targeting. It from Maryland (Mr. RUPPERSBERGER), or other elements, as we speak, are is time for the intelligence community who represents the minority, came to plotting attacks, planning operations, to get serious about improving diver- the Rules Committee to talk about the or are actively engaged in harming our sity for the sake of our national secu- needs of the intelligence community. citizens, the men and women of the in- rity. If the intelligence community is In particular, I was very pleased as telligence community are devoted to to succeed in its global mission, it they worked so closely together to en- acting on the information they gather must have a global face. sure that the issues that were con- to thwart those efforts. We owe them a I reserve the balance of my time, Mr. tained within this document, the debt of gratitude and our sincere Speaker. agreements that would be in law, and thanks. These courageous men and Mr. SESSIONS. Mr. Speaker, I am perhaps more importantly, the impor- women often work quietly, unnoticed, delighted to yield 3 minutes to the gen- tant relationships that would be shared and too often, unrecognized, but never- tlewoman from Lake Park, Minnesota by them as we work together to ensure theless, they are critical to ensuring (Mrs. BACHMANN). that this country is safe, that we do so the security of our Nation. Mrs. BACHMANN. I thank the gen- in a way where the American people I have had the honor and privilege of tleman from Texas, who’s doing a won- see that keeping America safe, pro- meeting many of our intelligence pro- derful job this morning managing this viding the necessary resources to the fessionals during my oversight travel bill, PETE SESSIONS.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3234 CONGRESSIONAL RECORD — HOUSE May 12, 2011 Mr. Speaker, all of our Nation’s great b 1240 a young man who devoted his life, not liberties depend on our national secu- Mr. HASTINGS of Florida. Mr. only to his country through his service rity. I think that’s something that we Speaker, I am very pleased at this time in the military, but also to law en- can all agree on. This is a bipartisan to yield 3 minutes to my good friend, forcement. He comes to Washington issue. We’re a Nation at war, and we’re the ranking member of the Committee from Florida where he had been a dis- pitted against terrorists who are bent on Intelligence, the distinguished gen- tinguished sheriff of a large depart- on destroying our very way of life. As tleman from Maryland (Mr. ment. He came to us with not only a the treasure trove of evidence, which RUPPERSBERGER). thought and belief about securing this we were so grateful to receive from Mr. RUPPERSBERGER. Mr. Speak- country and of making sure that we Osama bin Laden’s compound, confirms er, first I want to recognize the distin- took care of our citizens, but perhaps to us, the enemy is always adapting, guished vice chairman of the Intel- more importantly, he is a clear thinker always evolving, always plotting fur- ligence Committee, Mr. HASTINGS, for on seeing not only intelligence issues ther attacks. We have to be informed, his hard work over the course of his 8 but also the broader context of pro- and we have to be one step ahead of the years on the committee. I had the tecting this country. He has a son who enemy at least. privilege of serving with Mr. HASTINGS, serves in the military, and he has been It’s our intelligence community, Mr. and know he was committed to sup- very thoughtful. Speaker, that gives us heroic service, porting our intelligence professionals. I yield 3 minutes to a member of the day in and day out. This morning I had He was a leader on the issue of diver- Rules Committee, the gentleman from the privilege of being at our Nation’s sity in the intelligence community, Brooksville, Florida (Mr. NUGENT). Central Intelligence Agency, and I and I applaud him for those efforts. Mr. NUGENT. I thank my colleague want to commend them for the work Having a diverse intelligence commu- from Texas (Mr. SESSIONS), with whom that they do, the brilliant work that nity workforce is not simply the right I have the pleasure of serving on the they did most recently to secure this thing to do, but it is critical to our Rules Committee. number one target. Nearly all of it goes Mr. Speaker, I rise today in support unrecognized, Mr. Speaker, until a mo- mission. Today, I am pleased to join my col- of the rule, H. Res. 264, and the under- ment like last Sunday evening, May 1, lying legislation, H.R. 754. league and friend MICHELE BACHMANN when a grateful Nation learned that About a week and a half ago, we all in support of H.R. 754, the Intelligence the men and women of our intelligence learned that justice had been served: Authorization Act for Fiscal Year 2011. services, working hand-in-hand with justice for our civil servants working I thank her for her comments about those in military uniform, had brought in the Kenya and Tanzania Embassies partisan politics. The Intelligence about the demise of the world’s most in 1998, justice for our troops serving prominent and notorious terrorist, Committee is a bipartisan committee on the USS Cole in 2000 and justice for Osama bin Laden. Years of relentless that works together. The stakes are the innocent victims of September 11, and diligent pursuit yielded an over- too high for us not to work together, 2001. whelming success. and that’s what we’re attempting to After many years of hard, stealthy And that’s why I’m so honored to be do. intelligence work, we found Osama bin here on the floor today with my distin- Now, the killing of Osama bin Laden Laden’s hideout in Pakistan. Based guished colleague from Texas (Mr. SES- is clearly the most monumental intel- upon this information, a highly trained SIONS) to stand here on the House floor ligence achievement in recent history. team of Navy SEALs came in, per- as a member of the Permanent Select Our intelligence professionals worked formed its mission and rid the world of Committee on Intelligence, calling on together as a team, brought Osama bin one of history’s most evil and noto- behalf of my colleagues, both Repub- Laden to justice, and killed him. It was rious terrorists. lican and Democrat, to pass the FY a risky mission that was executed with Mr. Speaker, this would not have 2011 Intelligence authorization bill, be- intense training and a high level of been possible without the work of our cause the American people have made skill. These professionals risked their hardworking intelligence community. it clear, Mr. Speaker. lives to keep our country safe, and no It was President Bush who laid the They’ve made it clear to us not only American lives were lost. groundwork for this intelligence that once but over and over again. They I am pleased that Congress can pro- ultimately made all of this possible, want this Congress to exercise the ut- vide the intelligence community with and it was President Obama who put most seriousness when dealing with the resources, capabilities, authorities, this information together and made our Nation’s spending crisis, and so and oversight they need to continue the gutsy call that only a Commander this bill is a step in that direction. It this great work. After months of nego- in Chief can make. Both of these men ensures that there is proper congres- tiations and a number of changes to ad- deserve our thanks for the work they sional financial oversight, and I would dress many of the concerns of the ad- did to make this possible. like to tip my hat now to the Democrat ministration, I believe this bill moves It is our duty as Members of Congress ranking member, DUTCH in a positive direction to assert con- to ensure that our intelligence commu- RUPPERSBERGER, who has done a mag- gressional oversight over intelligence nity has the tools it needs to continue nificent job, together with our chair- activities. to keep our Nation safe. That is what man, MIKE ROGERS, in making sure I am also pleased that Chairman H.R. 754 does. As a prior law enforce- that we work together as one, ROGERS and I could come to an agree- ment officer, I can attest to the value seamlessly, in a bipartisan fashion. I ment to add additional counterterror- of good Intel in apprehending those have been just so delighted. I’ve never ism positions to the CIA. With this who would do dastardly things to our served on a committee where I’ve seen change, I will support the bill. This bill country. greater bipartisanship because we’ve adds several thousand civilian posi- With that, I encourage my colleagues put down our partisan swords when it tions above the level enacted in FY to support the rule, to support the un- comes to securing the safety and secu- 2010. There is also a large increase in derlying bill, and to support the intel- rity of our Nation. personnel at the National Counterter- ligence community, which is keeping And this bill is a step in that direc- rorism Center, which is the NCTC, this Nation safe. tion, ensuring there’s not only proper among others. The bill adds hundreds Mr. HASTINGS of Florida. Mr. congressional financial oversight, of millions of dollars for intelligence Speaker, I am very pleased at this time something that was lacking unfortu- above current levels. However, I urge a to yield 2 minutes to my good friend, a nately in the last 6 years, but we are ‘‘no’’ vote on this rule because it does member of the Judiciary Committee, dedicated to making sure that our re- not allow all Members of Congress to the distinguished gentlewoman from sponsible approach with intelligence offer amendments to this bill. Texas (Ms. JACKSON LEE). does not sacrifice the security of our Mr. SESSIONS. Mr. Speaker, with Ms. JACKSON LEE of Texas. Mr. Nation, and this measure which funds the election of this new large Repub- HASTINGS, thank you for your service our intelligence community will ensure lican class, some 87 new Members, we years on the Intelligence Committee, that our intelligence community has picked up, in particular, a Member who and I thank the ranking member and the resources they so richly deserve. will speak here in just a second. He is the members who are on the floor.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3235 I rise to support the underlying bill my friend, but I believe he is abso- going to have an honest conversation and the rule, recognizing that human lutely correct. I simply hear the drum- with the American people about the intelligence and the resources that pro- beat that comes out of this town about issues that we face on a day-to-day vide a safety net for the American peo- leaving now that there has been a big basis. And as such, I stand today and ple are crucial—the CIA, the Depart- victory in dealing with the number one urge my colleagues to vote ‘‘yes’’ on ment of Defense and other intelligence terrorist in the world. this rule and ‘‘yes’’ on H.R. 754. civilian agencies, along with the I would suggest to you that there is Mr. HASTINGS of Florida. I reserve United States military. still much work left to be done and the balance of my time. I introduced H. Res. 240 to chronicle that we must not change the focus of Mr. SESSIONS. Mr. Speaker, I would the successful apprehension and demise the men and women who today are in like to yield 2 minutes to the gen- of Osama bin Laden, to actually em- harm’s way. We should not change the tleman from Corpus Christi, Texas (Mr. phasize, when combined together, the focus of the American people in getting FARENTHOLD), another one of our brawn and intellect of the United them away from the job that is being brand-new Members, who brings to this States military. The human intel- done on a day-to-day basis and that we House and to the floor not only a com- ligence over the years and the work of should not begin the drumbeat until we monsense element but the insistence President Clinton, President Bush and have further completed the work that that people from Corpus Christi be rep- President Obama in the strategic deci- is necessary to ensure that this coun- resented on the floor of this House in sion that had to be made by the civil- try is safe. such a way that will benefit not only ian minds, in working with the mili- our country but also the United States b 1250 tary minds, has emphasized the con- military and, in particular, the United stitutional values of this country that Mr. Speaker, at this time I would States Navy that has a large base in civilians, in working with the military, like to yield 2 minutes to a young Corpus Christi. can, in fact, provide the armor protec- member of the Rules Committee, a Mr. FARENTHOLD. It’s almost like tion of the United States of America. I gentleman who served as mayor of Cor- a fog has been lifted over America. We am very grateful for that genius, and I ning, New York, and a man who has sought to capture or kill Osama bin want to thank them. Our legislation dedicated himself to public service, the Laden for 10 years; and just recently, had over 50 cosponsors. gentleman from New York (Mr. REED). that was accomplished. And it’s almost As well, I believe now that we can ac- Mr. REED. I thank my colleague as if the sun is a little bit brighter and tually say in good conscience: Bring from Texas for the opportunity. the can-do American spirit has been re- the troops home from Afghanistan. Our Mr. Speaker, I rise today in support vived, that same spirit that took us to mission is accomplished. We realize of the rule for H.R. 754, the Intelligence the Moon, that same spirit that has led that human intelligence can help us Authorization Act for Fiscal Year 2011. us to victory in the past. target those who want to do us harm, Mr. Speaker, the intelligence com- Our intelligence community is key to and we have the constitutional fabric, munity works long hours in distant that success, as is our military. It is along with the United States military, parts of the world to keep our country absolutely imperative that we support the likes of JSOC and many others in safe. But the thing about the United and back the intelligence community the intelligence community, who work States intelligence community is that that provides us the knowledge and in- on behalf of the American people. We when they do their job right, no one formation that not only helps us win can bring home the men and women— knows about it. When they are success- wars but, more importantly, keeps us over 100,000—who are based now in Af- ful in that diligence that they perform out of war. ghanistan. every day of the week, 24 hours a day, Knowledge is power. What we know Do you know what? Mother’s Day every day of the year, we often do not about beforehand gives us the oppor- was this past weekend, and sadly, sol- hear about that success. tunity to stop conflicts before they diers fell in battle on Mother’s Day. I stand here today, Mr. Speaker, to happen. We are also in an era of a tight Let us not have another Mother’s Day commend the diligent, painstaking budget now. We are looking at an au- when some mother in America, some- work of the United States intelligence thorization bill that increases and pro- where, loses a child to the battle in Af- officials for all that they do. And in vides adequate oversight to our intel- ghanistan, not when we can use smart particular, I stand today to recognize ligence to make sure those resources power and use intelligence and use a the hard work of our intelligence com- are being spent wisely and are being minimum of force. munity which resulted in capturing spent in the defense of this Nation, in It is time now for America to wel- and killing the man who masterminded the furtherance of our interests, and in come home her heroes with honor and, the multiple attacks which killed the furtherance of freedom. as well, to thank those who dedicated thousands of Americans, bringing him Mr. HASTINGS of Florida. Mr. the brawn and the intellect that could to justice this past week. Thanks to Speaker, I continue to reserve the bal- make good on a promise that, yes, you the intelligence professionals who ance of my time. will come to justice if you do harm to work for our country, the world is a Mr. SESSIONS. I would like to yield the American people. safer place without Osama bin Laden. such time as he may consume to the I ask support for the underlying leg- I have an amendment with my col- young gentleman from California (Mr. islation and the rule. Mr. SESSIONS. Mr. Speaker, I do un- league from New York (Mr. GRIMM) DREIER), the chairman of the Rules derstand that the Democratic Party is that will be discussed on this floor to- Committee. interested in leaving Afghanistan now morrow, and hopefully supported and (Mr. DREIER asked and was given that Osama bin Laden has been killed. voted upon in a bipartisan fashion, to permission to revise and extend his re- Mr. HASTINGS of Florida. Will the recognize the efforts of those intel- marks.) gentleman yield? ligence officials. Mr. DREIER. Mr. Speaker, let me Mr. SESSIONS. I yield to the gen- Mr. Speaker, I rise also today to begin by expressing my appreciation to tleman. commend the work that is being done the distinguished vice chairman of the Mr. HASTINGS of Florida. I would here in this Chamber, that is being led Rules Committee, my friend from Dal- just urge my colleague not to use a by this side of the aisle in having an las, Mr. SESSIONS, for his management broad reference with reference to the open dialogue, in having an open proc- of this very important rule. And I Democratic Party. Everybody in the ess. We have nine amendments that are think it’s appropriate that Mr. SES- Democratic Party does not agree that going to be considered under this rule SIONS is a manager of legislation that we should leave Afghanistan until the and in this Chamber tomorrow. Mr. enjoys strong bipartisan support be- administration and the military and Speaker, that is a direct change from cause he’s always seeking a consensus the intelligence community have com- the history that has been demonstrated on issues where we can find areas of pleted their work. here for years prior to us coming here. agreement. And the fact is, we have Mr. SESSIONS. Thank you. It is time that we on this side of the been able to see the chairman and the Reclaiming my time, I appreciate aisle recognize that we are going to lis- ranking member of the Select Com- and respect the words, not only from ten to the American people. We are mittee on Intelligence work together

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3236 CONGRESSIONAL RECORD — HOUSE May 12, 2011 in a bipartisan way to deal with the and the USS Cole and the families of about their ideas about how you pro- very important security and intel- the East African embassy bombings tect this country by protecting the ligence needs of the United States of can find just a little more solace and men and women who are engaged in the America. just a little more closure as a result of active and day-to-day business. My new colleague from Corpus Chris- his demise at the hands of extraor- The gentleman, Mr. HASTINGS, re- ti has just said, What a great day for dinary work on behalf of a substantial ferred to al Qaeda as not defeated. We America, the day that we were able to number of courageous Americans. still have a threat that is out there. see Osama bin Laden captured and The gentleman, Mr. FARENTHOLD, b 1300 killed, brought to justice. And I con- talked most forthrightly and honestly gratulate President Obama and, of As a Nation, I would ask that we be about the need of the American people course, all those who were involved. I extremely mindful that al Qaeda has to have confidence and thanks for the congratulate President Bush who, from not been removed, nor has the senti- intelligence community and that which September 11 forward, was determined ment of this very dangerous societal they do. to bring Osama bin Laden to justice. element, nor are they the only orga- The gentleman, Mr. RUPPERSBERGER, And I congratulate all of the men and nized structure of radical extremists the ranking member of the Intelligence women in uniform, including those that would attack our Nation. We must Committee, as they bring their ideas who, as of September 11, 2001, became remain ever vigilant. forth in an open process that would be part of the frontline—that being fire- There was a bit of irony on May 1, allowed in the committee, Intelligence fighters and law enforcement—right 2011, that should not be lost on any of Committee, and then to bring that for- here on our soil because that was the us. One of the events that transpired on ward as they would discuss that at the day, for the first time ever, that we that same day was that the late John Rules Committee. faced an attack on our soil. Paul II, the Pope, was beatified and Here on the floor of the House of Rep- But this legislation, Mr. Speaker, is moved closer to sainthood. On May 1 resentatives it’s an interesting dia- specifically designed to extend our ap- that occurred. He spent his life blazing logue that we get into about our hopes preciation and thanks, based on an a path of enlightenment, peace, love, and desires about supporting the intel- amendment that we’ve made in order and uplifting humanity. ligence community. But we must re- from our colleague from Staten Island, The second event that occurred on member that the need for our intel- Mr. GRIMM, to those in the intelligence that day was the demise of bin Laden, ligence community and for them to community who have done such a spec- who spent his life lighting a path of have clear direction from this Congress tacular job in dealing with the chal- murder, deceit, and the destruction of is important. lenge of capturing and bringing to jus- humanity. While one found, and is find- The killing of the most wanted ter- tice Osama bin Laden. ing, sainthood, the other found Satan. rorist in the world, Osama bin Laden, We are going to have in this bill a It is a good thing that he is no longer is a perfect example of the necessary number of amendments made in order. a plague on the Earth, and the hope for intelligence information and support I am particularly proud that as we humankind is that Pope John Paul II from this Congress for funds and the worked with the members of the Intel- would be our exemplar of goodness. authorizing process, the oversight that ligence Committee, recognizing that Given the immense security chal- is provided by the Congress. obviously this bill deals with some lenges facing our Nation, Congress The men and women in this intel- very, very sensitive items that, frank- should pass this legislation so that we ligence community and the Armed ly, can’t be discussed here on the House may continue to fulfill our commit- Forces serve this Nation; and they pro- floor, but with that in mind, we were ment to the safety and well-being of vide us victories, day-to-day victories, able to make in order nine amend- the American people. not only in keeping America safe, but ments that are going to be offered by The men and women of the intel- victories with finding and killing ter- Members; five amendments that will be ligence community may operate in the rorists around the globe who would offered by Democrats; four amend- background, but they are at the fore- harm America and our allies. ments offered by Republicans; and, as I front of our national defense and de- The underlying bill today allows for said, the amendment that will allow serve every resource necessary to do that continued service by these brave for the longest period of debate to pro- their jobs. men and women for the benefit of the vide an opportunity for the Members of Mr. Speaker, I urge a ‘‘no’’ vote on American people. this House to discuss, and I know it the rule because, in spite of Mr. REED, Six years ago is far too long for Con- will be, again, bipartisan appreciation my colleague on the Rules Committee, gress to have skirted its responsibil- to those in the intelligence community and the distinguished chairman, my ities to aid and help the intelligence who have been able to have the success good friend, touting the fact that we do community with an authorization. Now that we’ve witnessed most recently. have a number of amendments and the is the time to ensure the appropriate So, Mr. Speaker, I think it’s a great time, this is not an open rule; and I accountability, responsibility, and that day for the United States of America would have them to know that if it funding is given to the intelligence to once again demonstrate the global were an open rule, then all Members community to carry out their mission leadership role that we provide not would be able to offer an amendment to to keep America safe and to look for- only economically and geopolitically the bill. ward, as might be said, over the hori- but through our security, intelligence, I yield back the balance of my time. zon to ensure that whatever is next, and military strength. Mr. SESSIONS. Mr. Speaker, today they are prepared for it. I urge my colleagues to support both we’ve had a distinguished group of I would like to applaud the chairman, this rule, which, again, will allow for speakers, including the gentleman, Mr. the gentleman from Michigan, MIKE free-flowing debate and an opportunity HASTINGS, who spent years of his serv- ROGERS; and the ranking member, the for both parties to participate, and the ice, not only on behalf of the people of gentleman from Maryland (Mr. underlying legislation itself. Florida, but on behalf of all of us as he RUPPERSBERGER); and the Intelligence Mr. HASTINGS of Florida. Mr. served on the Intelligence Committee. Committee for this authorization bill Speaker, I would in some respects reit- We have had Members walk in and as they work so well with the men and erate much of what our colleagues have out of here: the gentlewoman from women of the intelligence community said with regard to Osama bin Laden. North Carolina, VIRGINIA FOXX, who on a mission which is important for us For 10 years, he held the title of brings a thoughtful articulation about to join in with the administration to scourge of the Earth. And I believe all her ideas about the protection of this ensure that our intents are very clear of us are pleased that to the degree country, not just for the people of to them. that he contributed to injustice, jus- North Carolina, but for the people of We live in a dangerous time and in a tice, as it pertains to him, has finally the United States. dangerous world, and I feel much bet- been served. We’ve had the gentleman, a former ter protected knowing that this hard It is my hope that the families of the sheriff, Mr. NUGENT, a Member of Con- work is done by so many dedicated peo- terrible events that transpired on 9/11 gress from Florida, also come and talk ple.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3237 So I encourage a ‘‘yes’’ vote on the House on the state of the Union for the Hastings (FL) McCarthy (NY) Ryan (OH) Heinrich McCollum Sa´ nchez, Linda rule. further consideration of the bill (H.R. Higgins McDermott T. I yield back the balance of my time, 1231) to amend the Outer Continental Himes McGovern Sanchez, Loretta and I move the previous question on Shelf Lands Act to require that each 5- Hinchey McIntyre Sarbanes the resolution. year offshore oil and gas leasing pro- Hinojosa McNerney Schakowsky The previous question was ordered. Hirono Meehan Schiff gram offer leasing in the areas with the Holden Meeks Schrader The SPEAKER pro tempore. The most prospective oil and gas resources, Holt Michaud Schwartz question is on the resolution. to establish a domestic oil and natural Honda Miller (NC) Scott (VA) The question was taken; and the Hoyer Miller, George Scott, David gas production goal, and for other pur- Speaker pro tempore announced that Inslee Moore Serrano poses, with Mr. GARDNER (Acting the ayes appeared to have it. Israel Moran Sewell Jackson (IL) Murphy (CT) Sherman Mr. HASTINGS of Florida. Mr. Chair) in the chair. The Clerk read the title of the bill. Jackson Lee Nadler Shuler Speaker, on that I demand the yeas (TX) Napolitano Sires and nays. The Acting CHAIR. When the Com- Johnson (GA) Neal Slaughter The yeas and nays were ordered. mittee of the Whole rose on Wednes- Johnson, E. B. Olver Smith (NJ) day, May 11, 2011, proceedings on Jones Owens Smith (WA) The SPEAKER pro tempore. Pursu- Kaptur Pallone Speier ant to clause 8 of rule XX, further pro- amendment No. 4 printed in House Re- Keating Pascrell Stark ceedings on this question will be post- port 112–74, offered by the gentleman Kildee Pastor (AZ) Thompson (CA) poned. from Massachusetts (Mr. KEATING), had Kind Payne Thompson (MS) Kissell Pelosi Tierney f been disposed of. Kucinich Perlmutter Tonko PROVIDING FOR AN ANNOUNCEMENT BY THE ACTING CHAIR Langevin Peters Tsongas Pursuant to clause 6 of rule XVIII, Larsen (WA) Pingree (ME) Van Hollen ADJOURNMENT OF THE HOUSE Larson (CT) Platts Vela´ zquez proceedings will now resume on those Mr. SESSIONS. Mr. Speaker, I send Lee (CA) Polis Visclosky amendments printed in House Report Levin Price (NC) Walz (MN) to the desk a privileged concurrent res- 112–74 on which further proceedings Lewis (GA) Quigley Wasserman olution and ask for its immediate con- Lipinski Rahall Schultz were postponed, in the following order: sideration. LoBiondo Rangel Waters The Clerk read the concurrent reso- Amendment No. 5 by Ms. TSONGAS of Loebsack Reichert Watt Massachusetts. Lofgren, Zoe Reyes Waxman lution, as follows: Lowey Richardson Weiner H. CON. RES. 50 Amendment No. 6 by Ms. BROWN of Luja´ n Richmond Welch Resolved by the House of Representatives (the Florida. Lynch Ros-Lehtinen Wilson (FL) Senate concurring), Amendment No. 7 by Mr. THOMPSON Maloney Rothman (NJ) Woolsey That when the House adjourns on the legis- of California. Markey Roybal-Allard Wu lative day of Friday, May 13, 2011, or Satur- Matheson Ruppersberger Yarmuth Amendment No. 8 by Mr. INSLEE of Matsui Rush Young (FL) day, May 14, 2011, on a motion offered pursu- Washington. ant to this concurrent resolution by its Ma- NOES—223 The Chair will reduce to 2 minutes jority Leader or his designee, it stand ad- Adams Dreier King (IA) journed until 2 p.m. on Monday, May 23, 2011, the time for any electronic vote after Aderholt Duffy King (NY) or until the time of any reassembly pursuant the first vote in this series. Alexander Duncan (SC) Kingston to section 2 of this concurrent resolution, AMENDMENT NO. 5 OFFERED BY MS. TSONGAS Altmire Duncan (TN) Kinzinger (IL) whichever occurs first. Amash Ellmers Kline SEC. 2. (a) The Speaker or his designee, The Acting CHAIR. The unfinished Austria Emerson Labrador after consultation with the Minority Leader, business is the demand for a recorded Bachmann Farenthold Lance shall notify the Members to reassemble at vote on the amendment offered by the Bachus Fincher Landry Barletta Flake Lankford such place and time as he may designate if, gentlewoman from Massachusetts (Ms. Barrow Fleischmann Latham in his opinion, the public interest shall war- TSONGAS) on which further proceedings Bartlett Fleming LaTourette rant it. were postponed and on which the noes Barton (TX) Flores Latta (b) After reassembling pursuant to sub- prevailed by voice vote. Benishek Forbes Lewis (CA) section (a), when the House adjourns on a Berg Fortenberry Long motion offered pursuant to this subsection The Clerk will redesignate the Biggert Foxx Lucas by its Majority Leader or his designee, the amendment. Bilbray Franks (AZ) Luetkemeyer House shall again stand adjourned pursuant The Clerk redesignated the amend- Bilirakis Frelinghuysen Lummis Bishop (UT) Gallegly Lungren, Daniel to the first section of this concurrent resolu- ment. tion. Black Gardner E. RECORDED VOTE Blackburn Garrett Mack The SPEAKER pro tempore (Mr. Bonner Gibbs Manzullo The Acting CHAIR. A recorded vote NUGENT). The question is on the con- Bono Mack Gingrey (GA) Marchant current resolution. has been demanded. Boren Gohmert Marino A recorded vote was ordered. Boustany Goodlatte McCarthy (CA) The question was taken; and the Brady (TX) Gosar McCaul Speaker pro tempore announced that The vote was taken by electronic de- Brooks Gowdy McClintock the ayes appeared to have it. vice, and there were—ayes 195, noes 223, Broun (GA) Granger McCotter Mr. HASTINGS of Florida. Mr. not voting 13, as follows: Bucshon Graves (GA) McHenry Buerkle Graves (MO) McKeon Speaker, on that I demand the yeas [Roll No. 315] Burgess Green, Gene McKinley and nays. AYES—195 Burton (IN) Griffin (AR) McMorris Calvert Griffith (VA) Rodgers The yeas and nays were ordered. Ackerman Chu Dicks Camp Grimm Mica The SPEAKER pro tempore. Pursu- Baca Cicilline Dingell Campbell Guinta Miller (FL) Baldwin Clarke (MI) Doggett ant to clause 8 of rule XX, further pro- Canseco Guthrie Miller (MI) Bass (CA) Clarke (NY) Donnelly (IN) ceedings on this question will be post- Capito Hall Miller, Gary Bass (NH) Clay Doyle Carter Harper Mulvaney poned. Becerra Cleaver Edwards Cassidy Harris Murphy (PA) Berkley Clyburn Ellison f Chabot Hartzler Myrick Berman Cohen Engel Chaffetz Hayworth Neugebauer REVERSING PRESIDENT OBAMA’S Bishop (GA) Connolly (VA) Eshoo Chandler Heck Noem Bishop (NY) Conyers Farr OFFSHORE MORATORIUM ACT Coble Hensarling Nugent Blumenauer Cooper Fattah Coffman (CO) Herger Nunes The SPEAKER pro tempore. Pursu- Boswell Costello Filner Cole Herrera Beutler Nunnelee ant to House Resolution 257 and rule Brady (PA) Courtney Fitzpatrick Conaway Huelskamp Olson Braley (IA) Critz Frank (MA) XVIII, the Chair declares the House in Costa Huizenga (MI) Palazzo Brown (FL) Crowley Fudge the Committee of the Whole House on Cravaack Hultgren Paulsen Buchanan Cuellar Garamendi Crawford Hunter Pearce the state of the Union for the further Butterfield Cummings Gerlach Crenshaw Hurt Pence Capps Davis (CA) Gibson consideration of the bill, H.R. 1231. Culberson Issa Peterson Capuano Davis (IL) Gonzalez Davis (KY) Jenkins Petri b 1310 Cardoza DeFazio Green, Al Denham Johnson (IL) Pitts Carnahan DeGette Grijalva IN THE COMMITTEE OF THE WHOLE DesJarlais Johnson (OH) Poe (TX) Carney DeLauro Gutierrez Diaz-Balart Jordan Pompeo Accordingly, the House resolved Carson (IN) Dent Hanabusa Dold Kelly Posey itself into the Committee of the Whole Castor (FL) Deutch Hanna

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3238 CONGRESSIONAL RECORD — HOUSE May 12, 2011 Price (GA) Ryan (WI) Thompson (PA) Moore Roybal-Allard Stark Ryan (OH) Smith (NJ) Walden Quayle Scalise Thornberry Moran Ruppersberger Thompson (CA) Ryan (WI) Smith (TX) Walsh (IL) Reed Schilling Tiberi Murphy (CT) Rush Thompson (MS) Scalise Southerland Walz (MN) Rehberg Schmidt Tipton Nadler Sa´ nchez, Linda Tierney Schmidt Stearns Webster Renacci Schweikert Turner Napolitano T. Tonko Schock Stivers Welch Rigell Scott (SC) Upton Neal Sanchez, Loretta Tsongas Schwartz Stutzman West Rivera Scott, Austin Walberg Olver Sarbanes Van Hollen Schweikert Sullivan Westmoreland Roby Sensenbrenner Walden Pallone Schakowsky Vela´ zquez Scott (SC) Terry Whitfield Roe (TN) Sessions Walsh (IL) Scott, Austin Thompson (PA) Pascrell Schiff Wasserman Wittman Rogers (AL) Shimkus Webster Pastor (AZ) Schrader Sensenbrenner Thornberry Schultz Wolf Rogers (KY) Shuster West Payne Scott (VA) Sessions Tiberi Waters Womack Rogers (MI) Simpson Westmoreland Pelosi Scott, David Shimkus Tipton Watt Rohrabacher Smith (NE) Whitfield Pingree (ME) Serrano Shuler Turner Woodall Rokita Smith (TX) Wittman Price (NC) Sewell Waxman Shuster Upton Yoder Rooney Southerland Wolf Quigley Sherman Wilson (FL) Simpson Visclosky Young (AK) Roskam Stearns Womack Rangel Sires Woolsey Smith (NE) Walberg Young (IN) Ross (AR) Stivers Woodall Reichert Slaughter Wu Ross (FL) Stutzman Yoder Richmond Smith (WA) Yarmuth NOT VOTING—18 Royce Sullivan Young (AK) Ros-Lehtinen Speier Young (FL) Buchanan Huizenga (MI) Rooney Runyan Terry Young (IN) Cantor Johnson, Sam Schilling NOES—279 Farenthold Paul Sutton NOT VOTING—13 Farr Polis Towns Adams Akin Johnson, Sam Sutton Duncan (TN) Latta Giffords Quayle Weiner Aderholt Ellmers Lewis (CA) Andrews Lamborn Towns Hastings (WA) Ribble Wilson (SC) Akin Emerson LoBiondo Cantor Paul Wilson (SC) Alexander Giffords Ribble Fattah Loebsack ANNOUNCEMENT BY THE ACTING CHAIR Altmire Hastings (WA) Schock Fincher Long Amash Fitzpatrick Lucas The Acting CHAIR (during the vote). Andrews Flake Luetkemeyer There is 1 minute remaining in this b 1336 Austria Fleischmann Luja´ n vote. Baca Fleming Lummis Messrs. GRAVES of Missouri and Bachmann Flores Lungren, Daniel b 1341 Bachus Forbes E. DENHAM changed their vote from Messrs. BACA and DOGGETT ‘‘aye’’ to ‘‘no.’’ Barletta Fortenberry Mack Barrow Foxx Manzullo changed their vote from ‘‘aye’’ to ‘‘no.’’ Mr. DAVIS of Illinois changed his Bartlett Franks (AZ) Marchant So the amendment was rejected. Barton (TX) Frelinghuysen Marino vote from ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced So the amendment was rejected. Bass (NH) Gallegly Matheson Benishek Gardner McCarthy (CA) as above recorded. The result of the vote was announced Berg Garrett McCaul Stated against: as above recorded. Biggert Gerlach McClintock Bilbray Gibbs McCotter Mr. HUIZENGA. Mr. Chair, on rollcall No. AMENDMENT NO. 6 OFFERED BY MS. BROWN OF Bishop (GA) Gibson McHenry 316, I was unavoidably detained. Had I been FLORIDA Bishop (UT) Gingrey (GA) McIntyre present, I would have noted ‘‘no.’’ The Acting CHAIR. The unfinished Black Gohmert McKeon Blackburn Gonzalez McKinley AMENDMENT NO. 7 OFFERED BY MR. THOMPSON business is the demand for a recorded OF CALIFORNIA vote on the amendment offered by the Bonner Goodlatte McMorris Bono Mack Gosar Rodgers The Acting CHAIR. The unfinished gentlewoman from Florida (Ms. BROWN) Boren Gowdy Meehan business is the demand for a recorded Boswell Granger Mica on which further proceedings were vote on the amendment offered by the postponed and on which the noes pre- Boustany Graves (GA) Michaud Brady (PA) Graves (MO) Miller (FL) gentleman from California (Mr. THOMP- vailed by voice vote. Brady (TX) Green, Al Miller (MI) SON) on which further proceedings were The Clerk will redesignate the Braley (IA) Green, Gene Miller (NC) Brooks Griffin (AR) Miller, Gary postponed and on which the noes pre- amendment. vailed by voice vote. The Clerk redesignated the amend- Broun (GA) Griffith (VA) Mulvaney Bucshon Grimm Murphy (PA) The Clerk will redesignate the ment. Buerkle Guinta Myrick amendment. RECORDED VOTE Burgess Guthrie Neugebauer Burton (IN) Hall Noem The Clerk redesignated the amend- The Acting CHAIR. A recorded vote Calvert Hanna Nugent ment. Camp Harper Nunes has been demanded. RECORDED VOTE Campbell Harris Nunnelee A recorded vote was ordered. The Acting CHAIR. A recorded vote The Acting CHAIR. This will be a 2- Canseco Hartzler Olson Capito Hayworth Owens has been demanded. minute vote. Carnahan Heck Palazzo A recorded vote was ordered. Carter Heinrich Paulsen The vote was taken by electronic de- The Acting CHAIR. This will be a 2- vice, and there were—ayes 134, noes 279, Cassidy Hensarling Pearce Chabot Herger Pence minute vote. not voting 18, as follows: Chaffetz Herrera Beutler Perlmutter The vote was taken by electronic de- [Roll No. 316] Chandler Himes Peters Cicilline Hinojosa Peterson vice, and there were—ayes 156, noes 265, AYES—134 Coble Holden Petri not voting 12, as follows: Ackerman Davis (CA) Jackson (IL) Coffman (CO) Huelskamp Pitts [Roll No. 317] Baldwin Davis (IL) Jackson Lee Cole Hultgren Platts Bass (CA) DeFazio (TX) Conaway Hunter Poe (TX) AYES—156 Becerra DeGette Johnson (GA) Connolly (VA) Hurt Pompeo Ackerman Clarke (MI) Ellison Berkley DeLauro Jones Cooper Issa Posey Andrews Clarke (NY) Engel Berman Deutch Keating Costa Jenkins Price (GA) Baca Clay Eshoo Bilirakis Dicks Kildee Costello Johnson (IL) Rahall Baldwin Cleaver Farr Bishop (NY) Edwards Kucinich Courtney Johnson (OH) Reed Bass (CA) Clyburn Fattah Blumenauer Ellison Langevin Cravaack Johnson, E. B. Rehberg Becerra Cohen Filner Brown (FL) Engel Larson (CT) Crawford Jordan Renacci Berkley Connolly (VA) Frank (MA) Butterfield Eshoo Lee (CA) Crenshaw Kaptur Reyes Berman Conyers Fudge Capps Filner Levin Critz Kelly Richardson Biggert Costello Garamendi Capuano Frank (MA) Lewis (GA) Cuellar Kind Rigell Bishop (NY) Courtney Grijalva Cardoza Fudge Lipinski Culberson King (IA) Rivera Blumenauer Crowley Gutierrez Carney Garamendi Lofgren, Zoe Davis (KY) King (NY) Roby Brady (PA) Cummings Hanabusa Carson (IN) Grijalva Lowey Denham Kingston Roe (TN) Brown (FL) Davis (CA) Hastings (FL) Castor (FL) Gutierrez Lynch Dent Kinzinger (IL) Rogers (AL) Butterfield Davis (IL) Heinrich Chu Hanabusa Maloney DesJarlais Kissell Rogers (KY) Capps DeFazio Higgins Clarke (MI) Hastings (FL) Markey Diaz-Balart Kline Rogers (MI) Capuano DeGette Hinchey Clarke (NY) Higgins Matsui Dingell Labrador Rohrabacher Cardoza DeLauro Hirono Clay Hinchey McCarthy (NY) Doggett Lamborn Rokita Carnahan Deutch Holt Cleaver Hirono McCollum Dold Lance Roskam Carney Dicks Honda Clyburn Holt McDermott Donnelly (IN) Landry Ross (AR) Carson (IN) Doggett Hoyer Cohen Honda McGovern Doyle Lankford Ross (FL) Castor (FL) Dold Inslee Conyers Hoyer McNerney Dreier Larsen (WA) Rothman (NJ) Chu Doyle Israel Crowley Inslee Meeks Duffy Latham Royce Cicilline Edwards Jackson (IL) Cummings Israel Miller, George Duncan (SC) LaTourette Runyan

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3239 Johnson (GA) Nadler Scott (VA) Rehberg Scalise Thornberry Maloney Peters Sewell Jones Napolitano Scott, David Renacci Schilling Tiberi Markey Pingree (ME) Sherman Keating Neal Serrano Reyes Schmidt Tipton Matsui Polis Sires Kildee Olver Sewell Richmond Schock Turner McCarthy (NY) Posey Slaughter Kissell Pallone Sherman Rigell Schweikert Upton McCollum Price (NC) Smith (NJ) Kucinich Pascrell Sires Rivera Scott (SC) Walberg McDermott Quigley Smith (WA) Langevin Pastor (AZ) Slaughter Roby Scott, Austin Walden McGovern Rangel Speier Larsen (WA) Payne Smith (WA) Roe (TN) Sensenbrenner Walsh (IL) McIntyre Reichert Stark Rogers (AL) Sessions McNerney Richardson Thompson (CA) Larson (CT) Pelosi Speier Walz (MN) Lee (CA) Perlmutter Rogers (KY) Shimkus Meeks Rothman (NJ) Thompson (MS) Stark Webster Levin Peters Rogers (MI) Shuler Michaud Roybal-Allard Tierney Thompson (CA) West Lewis (GA) Pingree (ME) Rohrabacher Shuster Miller (NC) Runyan Tonko Thompson (MS) Westmoreland Lipinski Polis Rokita Simpson Miller, George Ruppersberger Tsongas Tierney Lofgren, Zoe Price (NC) Rooney Smith (NE) Whitfield Moore Rush Van Hollen Tonko Lowey Quigley Ros-Lehtinen Smith (NJ) Wittman Moran Ryan (OH) Vela´ zquez Tsongas Luja´ n Rangel Roskam Smith (TX) Wolf Murphy (CT) Sa´ nchez, Linda Visclosky Lynch Reichert Van Hollen Ross (AR) Southerland Womack Nadler T. Wasserman ´ Maloney Richardson Velazquez Ross (FL) Stearns Woodall Napolitano Sanchez, Loretta Schultz Markey Rothman (NJ) Visclosky Royce Stivers Yoder Neal Sarbanes Watt Matsui Roybal-Allard Wasserman Runyan Stutzman Young (AK) Olver Schakowsky Waxman McCollum Ruppersberger Schultz Ryan (OH) Terry Young (FL) Pallone Schiff Weiner McDermott Rush Waters Ryan (WI) Thompson (PA) Young (IN) Pascrell Schrader Welch McGovern Sa´ nchez, Linda Watt Pastor (AZ) Schwartz Wilson (FL) McNerney T. Waxman NOT VOTING—12 Payne Scott (VA) Woolsey Meeks Sanchez, Loretta Weiner Cantor Johnson, Sam Sullivan Pelosi Scott, David Wu Miller (NC) Sarbanes Welch Giffords Paul Sutton Perlmutter Serrano Yarmuth Miller, George Schakowsky Wilson (FL) Griffith (VA) Poe (TX) Towns Moore Schiff Woolsey Hastings (WA) Ribble Wilson (SC) NOES—256 Moran Schrader Wu Adams Emerson Latham Murphy (CT) Schwartz Yarmuth ANNOUNCEMENT BY THE ACTING CHAIR Aderholt Farenthold LaTourette The Acting CHAIR (during the vote). Alexander Fincher Latta NOES—263 There is 1 minute remaining in this Altmire Flake Lewis (CA) Amash Fleischmann Lipinski Adams Duncan (SC) King (NY) vote. Austria Fleming Long Aderholt Duncan (TN) Kingston Bachmann Flores Lucas Akin Ellmers Kinzinger (IL) Bachus Forbes Luetkemeyer Alexander Emerson Kline b 1344 Barletta Fortenberry Luja´ n Altmire Farenthold Labrador Barrow Foxx Lummis Amash Fincher Lamborn So the amendment was rejected. Bartlett Franks (AZ) Lungren, Daniel Austria Fitzpatrick Lance The result of the vote was announced Barton (TX) Frelinghuysen E. Bachmann Flake Landry as above recorded. Bass (NH) Gallegly Mack Bachus Fleischmann Lankford Benishek Gardner Manzullo Barletta Fleming Latham AMENDMENT NO. 8 OFFERED BY MR. INSLEE Berg Garrett Marchant Barrow Flores LaTourette The Acting CHAIR. The unfinished Biggert Gerlach Marino Bartlett Forbes Latta business is the demand for a recorded Bilirakis Gibbs Matheson Barton (TX) Fortenberry Lewis (CA) Bishop (GA) Gibson McCarthy (CA) Bass (NH) Foxx LoBiondo vote on the amendment offered by the Bishop (UT) Gingrey (GA) McCaul Benishek Franks (AZ) Loebsack gentleman from Washington (Mr. INS- Black Gohmert McClintock Berg Frelinghuysen Long LEE) on which further proceedings were Blackburn Gonzalez McCotter Bilbray Gallegly Lucas postponed and on which the noes pre- Bonner Goodlatte McHenry Bilirakis Gardner Luetkemeyer Bono Mack Gosar McKeon Bishop (GA) Garrett Lummis vailed by voice vote. Boren Gowdy McKinley Bishop (UT) Gerlach Lungren, Daniel The Clerk will redesignate the Boswell Granger McMorris Black Gibbs E. amendment. Boustany Graves (GA) Rodgers Blackburn Gibson Mack Brady (TX) Green, Al Meehan Bonner Gingrey (GA) Manzullo The Clerk redesignated the amend- Brooks Green, Gene Mica Bono Mack Gohmert Marchant ment. Broun (GA) Griffin (AR) Miller (FL) Boren Gonzalez Marino RECORDED VOTE Buchanan Griffith (VA) Miller (MI) Boswell Goodlatte Matheson Bucshon Grimm Miller, Gary Boustany Gosar McCarthy (CA) The Acting CHAIR. A recorded vote Buerkle Guinta Mulvaney Brady (TX) Gowdy McCarthy (NY) has been demanded. Burgess Guthrie Murphy (PA) Braley (IA) Granger McCaul A recorded vote was ordered. Burton (IN) Hall Myrick Brooks Graves (GA) McClintock Calvert Hanna Neugebauer Broun (GA) Graves (MO) McCotter The Acting CHAIR. This is a 2- Camp Harper Noem Buchanan Green, Al McHenry minute vote. Campbell Harris Nugent Bucshon Green, Gene McIntyre The vote was taken by electronic de- Canseco Hartzler Nunes Buerkle Griffin (AR) McKeon vice, and there were—ayes 160, noes 256, Capito Hayworth Nunnelee Burgess Grimm McKinley Cardoza Heck Olson Burton (IN) Guinta McMorris not voting 15, as follows: Carnahan Heinrich Owens Calvert Guthrie Rodgers [Roll No. 318] Carter Hensarling Palazzo Camp Hall Meehan Cassidy Herger Paulsen Campbell Hanna Mica AYES—160 Chabot Himes Pearce Canseco Harper Michaud Ackerman Coble Hastings (FL) Chaffetz Hinojosa Pence Capito Harris Miller (FL) Andrews Cohen Herrera Beutler Coffman (CO) Holden Peterson Carter Hartzler Miller (MI) Baca Connolly (VA) Higgins Cole Huelskamp Petri Cassidy Hayworth Miller, Gary Baldwin Conyers Hinchey Conaway Huizenga (MI) Pitts Chabot Heck Mulvaney Bass (CA) Crowley Hirono Cooper Hultgren Platts Chaffetz Hensarling Murphy (PA) Becerra Cummings Holt Costa Hunter Poe (TX) Chandler Herger Myrick Berkley Davis (CA) Honda Costello Hurt Pompeo Coble Herrera Beutler Neugebauer Berman Davis (IL) Hoyer Courtney Issa Price (GA) Coffman (CO) Himes Noem Bilbray DeFazio Inslee Cravaack Jackson Lee Quayle Cole Hinojosa Nugent Bishop (NY) DeGette Israel Crawford (TX) Rahall Conaway Holden Nunes Blumenauer DeLauro Johnson (GA) Crenshaw Jenkins Reed Cooper Huelskamp Nunnelee Brady (PA) Dicks Jones Critz Johnson (IL) Rehberg Costa Huizenga (MI) Olson Braley (IA) Doggett Keating Cuellar Johnson (OH) Renacci Cravaack Hultgren Owens Brown (FL) Doyle Kildee Culberson Johnson, E. B. Reyes Crawford Hunter Palazzo Butterfield Edwards Kind Davis (KY) Jordan Richmond Crenshaw Hurt Paulsen Capps Ellison Kissell Denham Kaptur Rigell Critz Issa Pearce Capuano Engel Kucinich Dent Kelly Rivera Cuellar Jackson Lee Pence Carney Eshoo Langevin DesJarlais King (IA) Roby Culberson (TX) Peterson Carson (IN) Farr Larsen (WA) Diaz-Balart King (NY) Roe (TN) Davis (KY) Jenkins Petri Castor (FL) Fattah Larson (CT) Dingell Kingston Rogers (AL) Denham Johnson (IL) Pitts Chandler Filner Lee (CA) Dold Kinzinger (IL) Rogers (KY) Dent Johnson (OH) Platts Chu Fitzpatrick Levin Donnelly (IN) Kline Rogers (MI) DesJarlais Johnson, E. B. Pompeo Cicilline Frank (MA) Lewis (GA) Dreier Labrador Rohrabacher Diaz-Balart Jordan Posey Clarke (MI) Fudge LoBiondo Duffy Lamborn Rokita Dingell Kaptur Price (GA) Clarke (NY) Garamendi Loebsack Duncan (SC) Lance Rooney Donnelly (IN) Kelly Quayle Clay Grijalva Lofgren, Zoe Duncan (TN) Landry Ros-Lehtinen Dreier Kind Rahall Cleaver Gutierrez Lowey Ellmers Lankford Roskam Duffy King (IA) Reed Clyburn Hanabusa Lynch

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3240 CONGRESSIONAL RECORD — HOUSE May 12, 2011 Ross (AR) Simpson Walden with instructions to report the same back to nomic activity when the Energy Infor- Ross (FL) Smith (NE) Walsh (IL) the House forthwith with the following mation Administration tells us that Royce Smith (TX) Walz (MN) amendments: unrestrained offshore drilling might Ryan (WI) Southerland Webster Page 4, line 19, strike the final closing Scalise Stearns West lower gas prices not at all in the fore- Schilling Stivers quotation marks and following period, and Westmoreland after line 19 insert the following: seeable future and maybe pennies two Schmidt Stutzman Wittman ‘‘(7) NO FOREIGN SALES.—In each oil and gas decades from now? Schock Sullivan Wolf Schweikert Terry Oil companies are active on just 10 Womack leasing program under this section, the Sec- Scott (SC) Thompson (PA) Woodall retary shall specify that all oil and natural million of the 34 million acres under Scott, Austin Thornberry Yoder gas produced under leases issued under the lease in the gulf. My Republican col- Sensenbrenner Tiberi program shall be offered for sale only in the Sessions Tipton Young (AK) leagues say, yes, but it takes time and Shimkus Turner Young (FL) United States.’’. money to explore before you can start Shuler Upton Young (IN) Page 6, after line 3, insert the following production. Well, the fact is that of the Shuster Walberg (and redesignate accordingly): ‘‘(3) REDUCING NUMBER OF NONPRODUCING 24 million lease acres lying fallow in NOT VOTING—15 LEASES.—In developing a 5-year oil and gas the gulf, they hold 70 percent of the re- Akin Hastings (WA) Sutton leasing program, the Secretary shall seek to gion’s technically recoverable oil, but Cantor Jackson (IL) Towns reduce the number of nonproducing offshore the companies aren’t exploring on a Deutch Johnson, Sam Waters oil and gas leases by 50 percent by 2017. Giffords Paul Whitfield single one of those acres. They haven’t Graves (MO) Ribble Wilson (SC) Mr. HOLT (during the reading). Mr. even submitted exploration plans in Speaker, I ask unanimous consent to those areas. Why should they when ANNOUNCEMENT BY THE ACTING CHAIR dispense with the reading. they can squat on these resources and The Acting CHAIR (Mr. CHAFFETZ) The SPEAKER pro tempore. Is there still make $32 billion in profits just in (during the vote). There is 1 minute re- objection to the request of the gen- the last 3 months? maining in this vote. tleman from New Jersey? Mr. Speaker, every kindergartner b 1349 Mr. DUNCAN of South Carolina. I ob- knows you should clean your plate be- fore you get a second helping. Evi- Mr. POSEY changed his vote from ject. The SPEAKER pro tempore. Objec- dently the oil company executives ‘‘no’’ to ‘‘aye.’’ tion is heard. never learned that lesson. Here is our So the amendment was rejected. The Clerk will read. chance to deliver the lesson to them, The result of the vote was announced The Clerk continued to read. and if my colleagues truly believe that as above recorded. The SPEAKER pro tempore. The gen- we need more drilling, not just more Stated for: tleman from New Jersey is recognized giveaways to Big Oil, then let’s at least Mr. DEUTCH. Mr. Chair, on rollcall No. 318, for 5 minutes in support of his motion. make sure the oil companies use the had I been present, I would have voted ‘‘aye.’’ Mr. HOLT. Mr. Speaker, time and resources they have already leased in- The Acting CHAIR. Under the rule, again over the past week, I have re- stead of stockpiling them, and let’s the Committee rises. ferred to the majority’s trio of offshore make sure that Americans get to use Accordingly, the Committee rose; drilling bills as ‘‘amnesia acts.’’ They the oil produced on their land. and the Speaker pro tempore (Mr. willfully forget the lessons derived at Mr. Speaker, I am pleased to now GARDNER) having assumed the chair, great cost in lives and livelihoods from yield to the ranking member of the Re- Mr. CHAFFETZ, Acting Chair of the the Deepwater Horizon spill last sum- sources Committee, the gentleman Committee of the Whole House on the mer. Mr. Speaker, and with these am- from Massachusetts (Mr. MARKEY). state of the Union, reported that that nesia acts, the majority offers false Mr. MARKEY. I thank the gen- Committee, having had under consider- promises to Americans who are strug- tleman. ation the bill (H.R. 1231) to amend the gling to make ends meet as gas prices Oil companies already have the drill- Outer Continental Shelf Lands Act to continue to rise. ing rights to public lands the size of require that each 5-year offshore oil The truth is that giving away more Minnesota on which they are not pro- and gas leasing program offer leasing of the American people’s offshore re- ducing oil. Minnesota is the land of in the areas with the most prospective sources to Big Oil companies will do 10,000 lakes, and the area oil companies oil and gas resources, to establish a do- absolutely nothing to ease the prices at already have could be the land of 10,000 mestic oil and natural gas production the pump. How do we know? Because wells but they are not drilling on it. goal, and for other purposes, and, pur- the oil giants already are sitting on And are Republicans saying they suant to House Resolution 257, reported 11.6 billion barrels of oil in the Gulf of should drill on what they have? No. the bill, as amended by that resolution, Mexico without lifting a finger to ex- They want to put drill rigs off our back to the House with a further tract it. beaches in New England, the Outer amendment adopted in the Committee If my colleagues really believe that Banks, and California, all before we of the Whole. more domestic drilling is the answer to have implemented a single safety re- The SPEAKER pro tempore. Under high gas prices, then they should sup- form recommended by the independent the rule, the previous question is or- port this final amendment, which does blue-ribbon BP spill commission. dered. two things: first, to encourage the oil Today, five of the largest oil compa- The question is on the amendment. companies to drill on the tens of mil- nies testified in defense of their bil- The amendment was agreed to. lions of acres of public land they al- lions of special tax breaks. The SPEAKER pro tempore. The ready hold so that Americans can ben- ConocoPhillips said today it would be question is on the engrossment and efit from domestic oil production be- un-American to take away Big Oil’s third reading of the bill. fore the oil companies rush to lock up tax breaks. Well, it’s not un-American. The bill was ordered to be engrossed more land; and second, the amendment It’s unbelievable that Big Oil has the and read a third time, and was read the would help to keep the oil produced arrogance to continue to defend its tax third time. within the United States of America breaks as consumers are being tipped MOTION TO RECOMMIT here at home. upside down at the pump. Mr. HOLT. Mr. Speaker, I have a mo- Mr. Speaker, the facts speak for And how are these tax breaks for Big tion to recommit at the desk. themselves. Opening vast portions of Oil paid for? I will tell you how. The The SPEAKER pro tempore. Is the the east and west coasts to drilling Republicans are planning to put a drill gentleman opposed to the bill? makes no sense when 79 percent of all rig on top of the Medicare program. Re- Mr. HOLT. I am opposed. the potential oil resources on the publicans are building an oil pipeline The SPEAKER pro tempore. The whole continental shelf already are into the pocketbooks of our seniors for Clerk will report the motion to recom- available in the current offshore leas- tax breaks for the oil companies. The mit. ing program. Why risk every inch of Republican agenda is to cut checkups The Clerk read as follows: American coastline, which supports for Grandma and cut checks for Big Mr. Holt moves to recommit the bill H.R. millions of jobs in tourism and fishing Oil. They want to cut health care for 1231 to the Committee on Natural Resources and over $225 billion in related eco- Grandma and give welfare to the Big

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3241 Oil executives. The Republican plan is Congress took bipartisan action in Moran Ruppersberger Sutton Murphy (CT) Rush Thompson (CA) tax breaks for Big Oil and tough breaks 2008 to lift the moratorium on offshore Nadler Ryan (OH) Thompson (MS) for our Nation’s seniors. drilling and exploration. Yet this ad- Napolitano Sa´ nchez, Linda Tierney Vote ‘‘yes’’ on this recommittal mo- ministration has unilaterally defied Neal T. Tonko tion. the will of this Congress and the will of Olver Sanchez, Loretta Towns Pallone Sarbanes Tsongas The SPEAKER pro tempore. The the American people by effectively re- Pascrell Schakowsky Van Hollen time of the gentleman has expired. instating a moratorium. The energy re- Pastor (AZ) Schiff Vela´ zquez Mr. DUNCAN of South Carolina. Mr. sources don’t belong to President Payne Schrader Visclosky Speaker, I continue to reserve my Pelosi Schwartz Walz (MN) Obama. They belong to the American Perlmutter Scott (VA) Wasserman point of order while rising in opposi- people, and they should be used to cre- Peters Scott, David Schultz tion to the motion. ate American jobs, to generate rev- Pingree (ME) Serrano Waters The SPEAKER pro tempore. No point enue, to reduce gasoline prices, and to Price (NC) Sewell Watt Quigley Sherman Waxman of order was reserved. strengthen our national security. Rahall Shuler Weiner The gentleman is recognized for 5 I urge my colleagues to vote against Rangel Sires Welch minutes. this motion. Let’s pass this bill to re- Reyes Slaughter Wilson (FL) Mr. DUNCAN of South Carolina. This Richmond Smith (WA) Woolsey turn these American energy resources Rothman (NJ) Speier Wu Democrat motion is just one more ex- back to where they belong, and that is Roybal-Allard Stark Yarmuth ample of congressional Democrats at- to the American people. NOES—243 tempting to obstruct a bill that will in- May God continue to bless America. crease access to American energy re- Adams Frelinghuysen McMorris The SPEAKER pro tempore. Without Aderholt Gallegly Rodgers sources. This motion is already the objection, the previous question is or- Akin Gardner Meehan law. The law says the President has an dered on the motion to recommit. Alexander Garrett Mica authority to restrict foreign sales, and Amash Gerlach Miller (FL) There was no objection. Austria Gibbs Miller (MI) ‘‘use it or lose it’’ is already the law of The SPEAKER pro tempore. The Bachmann Gibson Miller, Gary the land. If my friends want to reduce question is on the motion to recommit. Bachus Gingrey (GA) Mulvaney the nonproducing leases, then we need The question was taken; and the Barletta Gohmert Murphy (PA) to get this administration to issue per- Bartlett Goodlatte Myrick Speaker pro tempore announced that Barton (TX) Gosar Neugebauer mits in a timely manner. the noes appeared to have it. Bass (NH) Gowdy Noem This motion is trying to deflect criti- Benishek Granger Nugent RECORDED VOTE cism from the policies that have been Berg Graves (GA) Nunes perpetrated that block American en- Mr. HOLT. Mr. Speaker, I demand a Biggert Graves (MO) Nunnelee recorded vote. Bilbray Green, Gene Olson ergy production, cost jobs and raise Bilirakis Griffin (AR) Owens prices. It is simply a distraction from A recorded vote was ordered. Bishop (UT) Griffith (VA) Palazzo the real work that needs to be done to The SPEAKER pro tempore. Pursu- Black Grimm Paulsen ant to clause 8 and clause 9 of rule XX, Blackburn Guinta Pearce increase the supply of American en- Bonner Guthrie Pence ergy. this 15-minute vote on the motion to Bono Mack Hall Peterson The bill we’re voting on today rep- recommit will be followed by 5-minute Boren Hanna Petri resents a real choice, Mr. Speaker, on votes on passage, if ordered; adoption Boustany Harper Pitts of House Concurrent Resolution 50, by Brady (TX) Harris Platts the future of American energy: a Brooks Hartzler Poe (TX) choice between using American energy the yeas and nays; and adoption of Broun (GA) Hayworth Polis resources or remaining dependent on House Resolution 264, by the yeas and Buchanan Heck Pompeo nays. Bucshon Hensarling Posey an OPEC cartel; a choice between cre- Buerkle Herger Price (GA) ating jobs in America or creating jobs The vote was taken by electronic de- Burgess Herrera Beutler Quayle offshore of Brazil. vice, and there were—ayes 180, noes 243, Burton (IN) Huelskamp Reed not voting 8, as follows: Calvert Huizenga (MI) Rehberg With this motion, the party opposite Camp Hultgren Reichert is standing for a ‘‘drill there and not [Roll No. 319] Campbell Hunter Renacci here’’ policy. Mr. Speaker, that is not a AYES—180 Canseco Hurt Richardson Capito Issa Rigell strategy that will work to create Ackerman Crowley Israel Carter Jenkins Rivera Altmire Cummings Jackson (IL) American jobs. The underlying bill will Cassidy Johnson (IL) Roby Andrews Davis (CA) Jackson Lee create these jobs. Chabot Johnson (OH) Roe (TN) Baca Davis (IL) (TX) Chaffetz Jordan Rogers (AL) Finally, this is a choice between Baldwin DeFazio Johnson (GA) Coble Kelly Rogers (KY) Barrow DeGette Johnson, E. B. strengthening our energy security in Coffman (CO) King (IA) Rogers (MI) Bass (CA) DeLauro Jones the face of $4 a gallon gasoline or being Cole King (NY) Rohrabacher Becerra Deutch Kaptur Conaway Kingston Rokita held hostage to the whims of volatile Berkley Dicks Keating Cooper Kinzinger (IL) Rooney foreign regimes. Mr. Speaker, there Berman Dingell Kildee Costa Kline Ros-Lehtinen Bishop (GA) Doggett Kind can be no national security without en- Cravaack Labrador Roskam Bishop (NY) Donnelly (IN) Kissell ergy security. Crawford Lamborn Ross (AR) Blumenauer Doyle Kucinich Crenshaw Lance Ross (FL) As a small business man, I know Boswell Edwards Langevin Cuellar Landry Royce what the pressure of $5 a gallon diesel Brady (PA) Ellison Larsen (WA) Culberson Lankford Runyan Braley (IA) Engel Larson (CT) fuel did to my business back in 2008, Davis (KY) Latham Ryan (WI) Brown (FL) Eshoo Lee (CA) and we only had two trucks on the Denham LaTourette Scalise Butterfield Farr Levin DesJarlais Latta Schilling road. Capps Fattah Lewis (GA) Diaz-Balart Lewis (CA) Schmidt Capuano Filner Lipinski Dold LoBiondo Schock b 1400 Cardoza Fudge Loebsack Dreier Long Schweikert Carnahan Garamendi Lofgren, Zoe Now think about what this is going Duffy Lucas Scott (SC) Carney Gonzalez Lowey Duncan (SC) Luetkemeyer Scott, Austin to do to every household, every truck- Carson (IN) Green, Al Luja´ n Duncan (TN) Lummis Sensenbrenner ing business, every shipper, and every Castor (FL) Grijalva Lynch Ellmers Lungren, Daniel Sessions Chandler Gutierrez Maloney farmer in our country. The Nation’s Emerson E. Shimkus Chu Hanabusa Markey families are hurting, Mr. Speaker. Farenthold Mack Shuster Cicilline Hastings (FL) Matsui Fincher Manzullo Simpson They’re trying to decide between put- Clarke (MI) Heinrich McCarthy (NY) Fitzpatrick Marchant Smith (NE) Clarke (NY) Higgins McCollum ting fuel in their cars to go to work or Flake Marino Smith (NJ) Clay Himes McDermott putting food on their tables to feed Fleischmann Matheson Smith (TX) Cleaver Hinchey McGovern Fleming McCarthy (CA) Southerland their children. We must act to increase Clyburn Hinojosa McIntyre Flores McCaul Stearns the supply of American energy, and Mr. Cohen Hirono McNerney Forbes McClintock Stivers Connolly (VA) Holden Meeks Speaker, this bill will get us moving in Fortenberry McCotter Stutzman Conyers Holt Michaud the right direction. This is a common- Foxx McHenry Sullivan Costello Honda Miller (NC) Frank (MA) McKeon Terry sense, free market solution that can Courtney Hoyer Miller, George Franks (AZ) McKinley Thompson (PA) help us restore America’s greatness. Critz Inslee Moore

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3242 CONGRESSIONAL RECORD — HOUSE May 12, 2011 Thornberry Walsh (IL) Womack Miller (MI) Reyes Smith (TX) b 1426 Tiberi Webster Woodall Miller, Gary Rigell Southerland Tipton West Yoder Mulvaney Rivera Stearns Mr. JACKSON of Illinois changed his Turner Westmoreland Young (AK) Murphy (PA) Roby Stivers vote from ‘‘aye’’ to ‘‘no.’’ Upton Whitfield Young (FL) Myrick Roe (TN) Stutzman Walberg Wittman So the bill was passed. Young (IN) Neugebauer Rogers (AL) Sullivan The result of the vote was announced Walden Wolf Noem Rogers (KY) Terry as above recorded. NOT VOTING—8 Nugent Rogers (MI) Thompson (PA) Nunes Rohrabacher Thornberry A motion to reconsider was laid on Cantor Hastings (WA) Ribble Nunnelee Rokita Tiberi Dent Johnson, Sam the table. Wilson (SC) Olson Rooney Tipton Giffords Paul Palazzo Roskam Turner f Paulsen Ross (AR) Upton b 1419 Pearce Ross (FL) Walberg PROVIDING FOR AN Messrs. FRANK of Massachusetts and Pence Royce Walden ADJOURNMENT OF THE HOUSE Peterson Ryan (WI) Walsh (IL) POLIS changed their vote from ‘‘aye’’ Petri Scalise Walz (MN) The SPEAKER pro tempore. The un- to ‘‘no.’’ Pitts Schilling Webster finished business is the vote on adop- So the motion to recommit was re- Platts Schmidt West tion of House Concurrent Resolution jected. Poe (TX) Schock Westmoreland 50, on which the yeas and nays were or- The result of the vote was announced Pompeo Schweikert Whitfield dered. Posey Scott (SC) Wittman as above recorded. Price (GA) Scott, Austin Wolf The Clerk read the title of the con- The SPEAKER pro tempore (Mr. Quayle Sensenbrenner Womack current resolution. YODER). The question is on the passage Rahall Sessions Woodall The SPEAKER pro tempore. The of the bill. Reed Shimkus Yoder question is on the concurrent resolu- Rehberg Shuster Young (AK) The question was taken; and the Reichert Simpson Young (FL) tion. Speaker pro tempore announced that Renacci Smith (NE) Young (IN) This will be a 5-minute vote. the ayes appeared to have it. The vote was taken by electronic de- NOES—179 RECORDED VOTE vice, and there were—yeas 227, nays Mr. MARKEY. Mr. Speaker, I demand Ackerman Gutierrez Payne 158, not voting 46, as follows: Andrews Hanabusa Pelosi [Roll No. 321] a recorded vote. Baca Hastings (FL) Perlmutter A recorded vote was ordered. Baldwin Heinrich Peters YEAS—227 The SPEAKER pro tempore. This Bass (CA) Higgins Pingree (ME) Adams Flores Luetkemeyer will be a 5-minute vote. Becerra Himes Polis Aderholt Forbes Lungren, Daniel Berkley Hinchey The vote was taken by electronic de- Price (NC) Akin Fortenberry E. Berman Hinojosa Quigley Alexander Foxx Mack vice, and there were—ayes 243, noes 179, Bishop (NY) Hirono Rangel Altmire Franks (AZ) Manzullo not voting 9, as follows: Blumenauer Holt Richardson Amash Frelinghuysen Marchant Brady (PA) Honda Richmond Austria Gallegly Marino [Roll No. 320] Braley (IA) Hoyer Ros-Lehtinen Bachus Gardner Matheson Brown (FL) Inslee AYES—243 Rothman (NJ) Barletta Garrett McCarthy (CA) Buchanan Israel Adams Culberson Herger Roybal-Allard Barton (TX) Gerlach McCaul Butterfield Jackson (IL) Bass (NH) Gibbs McClintock Aderholt Davis (KY) Herrera Beutler Capps Johnson (GA) Runyan Akin Denham Holden Ruppersberger Benishek Gibson McCotter Capuano Jones Berg Gingrey (GA) McHenry Alexander Dent Huelskamp Cardoza Kaptur Rush Altmire DesJarlais Huizenga (MI) Ryan (OH) Biggert Gohmert McKeon Carnahan Keating Bilirakis Goodlatte McKinley Amash Diaz-Balart Hultgren Carney Kildee Sa´ nchez, Linda Austria Dold Hunter T. Bishop (UT) Gosar McMorris Carson (IN) Kind Black Gowdy Rodgers Bachmann Donnelly (IN) Hurt Sanchez, Loretta Castor (FL) Kissell Blackburn Granger Meehan Bachus Dreier Issa Sarbanes Chandler Kucinich Bonner Graves (GA) Mica Barletta Duffy Jackson Lee Chu Lance Schakowsky Barrow Duncan (SC) (TX) Bono Mack Griffin (AR) Miller (FL) Cicilline Langevin Schiff Boustany Griffith (VA) Miller (MI) Bartlett Duncan (TN) Jenkins Clarke (MI) Larsen (WA) Schrader Barton (TX) Ellmers Johnson (IL) Brady (TX) Grimm Miller, Gary Clarke (NY) Larson (CT) Schwartz Brooks Guinta Mulvaney Bass (NH) Emerson Johnson (OH) Clay Lee (CA) Scott (VA) Benishek Farenthold Johnson, E. B. Broun (GA) Guthrie Murphy (PA) Cleaver Levin Scott, David Berg Fincher Jordan Buchanan Hanna Myrick Clyburn Lewis (GA) Serrano Biggert Fitzpatrick Kelly Bucshon Harper Neugebauer Cohen Lipinski Sewell Buerkle Hartzler Noem Bilirakis Flake King (IA) Connolly (VA) LoBiondo Bishop (GA) Fleischmann King (NY) Sherman Burton (IN) Hayworth Nugent Conyers Loebsack Shuler Calvert Heck Nunes Bishop (UT) Fleming Kingston Cooper Lofgren, Zoe Black Flores Kinzinger (IL) Sires Camp Heinrich Nunnelee Costello Lowey Slaughter Campbell Hensarling Olson Blackburn Forbes Kline ´ Courtney Lujan Smith (NJ) Canseco Herger Palazzo Bonner Fortenberry Labrador Crowley Lynch Bono Mack Foxx Lamborn Smith (WA) Capito Herrera Beutler Paulsen Cummings Mack Speier Carter Huelskamp Pearce Boren Franks (AZ) Landry Davis (CA) Maloney Stark Cassidy Huizenga (MI) Pence Boswell Gallegly Lankford Davis (IL) Markey Sutton Chabot Hultgren Petri Boustany Gardner Latham DeFazio Matsui Thompson (CA) Chaffetz Hunter Pitts Brady (TX) Garrett LaTourette DeGette McCarthy (NY) Thompson (MS) Chandler Hurt Platts Brooks Gerlach Latta DeLauro McCollum Tierney Coble Issa Poe (TX) Broun (GA) Gibbs Lewis (CA) Deutch McDermott Bucshon Gibson Long Tonko Cole Jenkins Pompeo Dicks McGovern Conaway Johnson (IL) Posey Buerkle Gingrey (GA) Lucas Dingell McNerney Towns Burgess Gohmert Luetkemeyer Tsongas Cravaack Johnson (OH) Price (GA) Doggett Meeks Crawford Jones Quayle Burton (IN) Goodlatte Lummis Doyle Michaud Van Hollen Calvert Gosar Lungren, Daniel Vela´ zquez Crenshaw Jordan Reed Edwards Miller (NC) Culberson Kelly Rehberg Camp Gowdy E. Ellison Miller, George Visclosky Campbell Granger Manzullo Wasserman Davis (KY) King (IA) Reichert Engel Moore Denham King (NY) Renacci Canseco Graves (GA) Marchant Eshoo Moran Schultz Capito Graves (MO) Marino Waters Dent Kingston Rigell Farr Murphy (CT) DesJarlais Kinzinger (IL) Carter Green, Al Matheson Watt Rivera Fattah Nadler Diaz-Balart Kline Roby Cassidy Green, Gene McCarthy (CA) Waxman Filner Napolitano Dreier Labrador Roe (TN) Chabot Griffin (AR) McCaul Weiner Frank (MA) Neal Duffy Lamborn Rogers (AL) Chaffetz Griffith (VA) McClintock Welch Frelinghuysen Olver Duncan (SC) Lance Rogers (KY) Coble Grimm McCotter Wilson (FL) Fudge Owens Duncan (TN) Landry Rogers (MI) Coffman (CO) Guinta McHenry Garamendi Pallone Woolsey Cole Guthrie McIntyre Ellmers Lankford Rohrabacher Gonzalez Pascrell Wu Emerson Latham Rokita Conaway Hanna McKeon Grijalva Pastor (AZ) Yarmuth Costa Harper McKinley Farenthold LaTourette Rooney Farr Latta Ros-Lehtinen Cravaack Harris McMorris NOT VOTING—9 Crawford Hartzler Rodgers Fincher Lewis (CA) Roskam Crenshaw Hayworth Meehan Bilbray Hall Paul Flake LoBiondo Ross (FL) Critz Heck Mica Cantor Hastings (WA) Ribble Fleischmann Long Royce Cuellar Hensarling Miller (FL) Giffords Johnson, Sam Wilson (SC) Fleming Lucas Runyan

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3243 Ryan (WI) Smith (NE) Walsh (IL) The result of the vote was announced McHenry Quayle Shuster Scalise Smith (NJ) Webster as above recorded. McKeon Reed Simpson Schilling Smith (TX) West McKinley Rehberg Smith (NE) Schmidt Southerland Westmoreland A motion to reconsider was laid on McMorris Reichert Smith (NJ) Schock Stearns Whitfield the table. Rodgers Renacci Smith (TX) Schrader Stutzman Wittman Stated against: Meehan Reyes Southerland Schweikert Sullivan Mica Rigell Wolf Mr. VAN HOLLEN. Mr. Speaker, on rollcall Stearns Scott (SC) Thompson (PA) Womack Michaud Rivera Stivers Scott, Austin Thornberry Miller (FL) Roby Woodall No. 321, I was unavoidably detained. Had I Stutzman Sensenbrenner Tiberi Miller (MI) Roe (TN) Yoder been present, I would have voted ‘‘nay.’’ Terry Sessions Tipton Miller, Gary Rogers (AL) Young (AK) Shimkus Turner f Mulvaney Rogers (KY) Thompson (PA) Shuler Upton Young (FL) Murphy (CT) Rogers (MI) Thornberry Shuster Walberg Young (IN) PROVIDING FOR CONSIDERATION Murphy (PA) Rohrabacher Tiberi Tierney Simpson Walden OF H.R. 754, INTELLIGENCE AU- Myrick Rokita Neugebauer Rooney Tipton NAYS—158 THORIZATION ACT FOR FISCAL Noem Ros-Lehtinen Turner Ackerman Fudge Neal YEAR 2011 Nugent Roskam Upton Nunes Ross (AR) Walberg Andrews Garamendi Olver The SPEAKER pro tempore. The un- Baca Gonzalez Owens Nunnelee Ross (FL) Walden Bachmann Green, Al Pallone finished business is the vote on adop- Olson Royce Walsh (IL) Baldwin Green, Gene Pascrell tion of the resolution (H. Res. 264) pro- Palazzo Runyan Webster Barrow Grijalva Pastor (AZ) viding for consideration of the bill Paulsen Ryan (WI) West Bartlett Gutierrez Pelosi Pearce Scalise Westmoreland (H.R. 754) to authorize appropriations Pence Schilling Becerra Hall Perlmutter Whitfield Peters Schmidt Berkley Hanabusa Peters for fiscal year 2011 for intelligence and Wittman Peterson Schock Berman Harris Peterson intelligence-related activities of the Wolf Bilbray Hastings (FL) Petri Schweikert Pingree (ME) Womack Bishop (NY) Higgins United States Government, the Com- Pitts Scott (SC) Polis Woodall Blumenauer Himes munity Management Account, and the Platts Scott, Austin Price (NC) Yoder Boren Hinchey Poe (TX) Sensenbrenner Rahall Central Intelligence Agency Retire- Young (AK) Boswell Hinojosa ment and Disability System, and for Pompeo Sessions Brady (PA) Hirono Reyes Posey Shimkus Young (FL) Braley (IA) Holden Ross (AR) other purposes, on which the yeas and Price (GA) Shuler Young (IN) Burgess Holt Rothman (NJ) nays were ordered. Capps Honda Roybal-Allard The Clerk read the title of the resolu- NAYS—133 Ruppersberger Capuano Hoyer tion. Ackerman Gutierrez Olver Cardoza Inslee Ryan (OH) Andrews Hanabusa Owens ´ Carnahan Israel Sanchez, Linda The SPEAKER pro tempore. The Baldwin Hastings (FL) Pallone Carney Jackson (IL) T. question is on the resolution. Becerra Heinrich Pascrell Castor (FL) Kaptur Sanchez, Loretta This will be a 5-minute vote. Berkley Higgins Pastor (AZ) Chu Keating Sarbanes The vote was taken by electronic de- Berman Himes Pelosi Cicilline Kildee Schakowsky Bishop (NY) Hinchey Pingree (ME) Clarke (MI) Kind Schiff vice, and there were—yeas 251, nays Blumenauer Hirono Polis Coffman (CO) Kissell Schwartz 133, not voting 47, as follows: Boswell Holden Price (NC) Cohen Kucinich Serrano [Roll No. 322] Brady (PA) Holt Rahall Connolly (VA) Langevin Sherman Braley (IA) Honda Rothman (NJ) Cooper Larsen (WA) Sires YEAS—251 Capps Hoyer Roybal-Allard Costa Larson (CT) Slaughter Adams Cravaack Capuano Inslee Ruppersberger Costello Levin Harris Smith (WA) Aderholt Crawford Hartzler Carnahan Israel Ryan (OH) Courtney Lipinski ´ Speier Akin Crenshaw Castor (FL) Jackson (IL) Sanchez, Linda Critz Loebsack Hayworth Stark Alexander Culberson Chu Kaptur T. Crowley Lofgren, Zoe Heck Stivers Altmire Davis (KY) Cicilline Keating Sanchez, Loretta Cuellar Lowey Hensarling Sutton Amash Denham Cohen Kildee Sarbanes Cummings Luja´ n Herger Thompson (CA) Austria Dent Cooper Kind Schakowsky Davis (CA) Lummis Herrera Beutler Tierney Baca DesJarlais Costello Kucinich Schiff DeFazio Lynch Hinojosa Bachmann Diaz-Balart Courtney Langevin Schrader DeGette Maloney Tonko Huelskamp Bachus Dold Critz Larsen (WA) Schwartz DeLauro Matsui Towns Huizenga (MI) Barletta Donnelly (IN) Crowley Larson (CT) Serrano Deutch McCarthy (NY) Tsongas Hultgren Barrow Dreier Cuellar Levin Sherman Dicks McCollum Vela´ zquez Hunter Bartlett Duffy Cummings Lipinski Sires Dingell McDermott Visclosky Hurt Barton (TX) Duncan (SC) Davis (CA) Loebsack Slaughter Dold McGovern Walz (MN) Issa Bass (NH) Duncan (TN) DeFazio Lofgren, Zoe Smith (WA) Donnelly (IN) McIntyre Wasserman Jenkins Benishek Ellmers Johnson (IL) DeLauro Lowey Speier Doyle McNerney Schultz ´ Berg Emerson Deutch Lujan Stark Engel Michaud Waters Johnson (OH) Biggert Farenthold Dicks Lynch Thompson (CA) Eshoo Miller (NC) Waxman Jones Bilirakis Fincher Dingell Maloney Tonko Fattah Miller, George Welch Jordan Bishop (UT) Fitzpatrick Doggett Markey Towns Filner Murphy (CT) Woolsey Kelly Black Flake King (IA) Doyle Matsui Tsongas Fitzpatrick Nadler Wu ´ Blackburn Fleischmann King (NY) Engel McCarthy (NY) Velazquez Frank (MA) Napolitano Yarmuth Bonner Fleming Kingston Eshoo McCollum Visclosky NOT VOTING—46 Bono Mack Flores Kinzinger (IL) Farr McDermott Walz (MN) Boren Forbes Kissell Fattah McGovern Wasserman Bass (CA) Graves (MO) Rangel Boustany Fortenberry Kline Filner McIntyre Schultz Bishop (GA) Hastings (WA) Ribble Brady (TX) Foxx Labrador Frank (MA) McNerney Waters Brown (FL) Jackson Lee Richardson Brooks Franks (AZ) Lamborn Fudge Miller (NC) Waxman Butterfield (TX) Richmond Broun (GA) Frelinghuysen Lance Garamendi Miller, George Weiner Cantor Johnson (GA) Rush Buchanan Gallegly Landry Gonzalez Moran Welch Carson (IN) Johnson, E. B. Scott (VA) Bucshon Gardner Lankford Green, Al Nadler Woolsey Clarke (NY) Johnson, Sam Scott, David Buerkle Garrett Latham Green, Gene Napolitano Wu Clay Lee (CA) Sewell Burgess Gerlach LaTourette Grijalva Neal Yarmuth Cleaver Lewis (GA) Terry Burton (IN) Gibbs Latta Clyburn Markey NOT VOTING—47 Thompson (MS) Calvert Gibson Lewis (CA) Conyers Meeks Van Hollen Campbell Gingrey (GA) LoBiondo Bass (CA) Edwards Quigley Davis (IL) Moore Canseco Gohmert Long Bilbray Ellison Rangel Doggett Moran Watt Capito Goodlatte Lucas Bishop (GA) Giffords Ribble Edwards Paul Weiner Cardoza Gosar Luetkemeyer Brown (FL) Hastings (WA) Richardson Ellison Payne Wilson (FL) Carney Gowdy Lummis Butterfield Jackson Lee Richmond Giffords Quigley Wilson (SC) Carter Granger Lungren, Daniel Camp (TX) Rush Cassidy Graves (GA) E. Cantor Johnson (GA) Scott (VA) b 1432 Chabot Graves (MO) Mack Carson (IN) Johnson, E. B. Scott, David Chaffetz Griffin (AR) Manzullo Clarke (MI) Johnson, Sam Sewell Mr. WELCH changed his vote from Chandler Griffith (VA) Marchant Clarke (NY) Lee (CA) Sullivan ‘‘yea’’ to ‘‘nay.’’ Coble Grimm Marino Clay Lewis (GA) Sutton Mr. FRELINGHUYSEN changed his Coffman (CO) Guinta Matheson Cleaver Meeks Thompson (MS) vote from ‘‘nay’’ to ‘‘yea.’’ Cole Guthrie McCarthy (CA) Clyburn Moore Van Hollen Conaway Hall McCaul Conyers Paul Watt So the concurrent resolution was Connolly (VA) Hanna McClintock Davis (IL) Payne Wilson (FL) agreed to. Costa Harper McCotter DeGette Perlmutter Wilson (SC)

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3244 CONGRESSIONAL RECORD — HOUSE May 12, 2011 ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE OFFICE OF THE CLERK, House, subject to the rules of the The SPEAKER pro tempore (during HOUSE OF REPRESENTATIVES, House and the Permanent Select Com- the vote). There are 2 minutes remain- Washington, DC, May 12, 2011. mittee on Intelligence, under which ing in this vote. Hon. JOHN A. BOEHNER, procedures were described in my an- The Speaker, U.S. Capitol, House of Representa- nouncement to the House on May 3, b 1439 tives, Washington, DC. DEAR MR. SPEAKER: Pursuant to the per- 2011. The modified schedule of author- Mr. GARAMENDI changed his vote mission granted in Clause 2(h) of Rule II of izations is and has been available for from ‘‘yea’’ to ‘‘nay.’’ the Rules of the U.S. House of Representa- review by Members and the period of So the resolution was agreed to. tives, the Clerk received the following mes- time required by the rules of the The result of the vote was announced sage from the Secretary of the Senate on House. as above recorded. May 12, 2011 at l1:30 a.m.: Mr. Chairman, the annual intel- A motion to reconsider was laid on Appointments: ligence authorization bill, I do believe, the table. Board of Visitors of the United States Air is one of the most important bills that Force Academy. f With best wishes, I am will pass in the House each year. I want to thank my ranking member, PERSONAL EXPLANATION Sincerely, KAREN L. HAAS. Mr. RUPPERSBERGER. We sat down at Mr. ELLISON. Mr. Speaker, on May 12, f the beginning of January and decided 2011, I inadvertently missed rollcall Nos. 321 that matters of national security were and 322. Had I been present I would voted GENERAL LEAVE too important for infectious partisan ‘‘nay.’’ Mr. ROGERS of Michigan. Mr. debate and rhetoric and we decided f Speaker, I ask unanimous consent that that we would work out through every all Members may have 5 legislative PERSONAL EXPLANATION cause, as congenially as possible, and days to revise and extend their re- agree where we could, on every matter Ms. EDDIE BERNICE JOHNSON. Mr. marks and include extraneous material that we had a difference on, moving Speaker, due to a conflicting engagement at on the bill, H.R. 754. forward on, again, matters of intel- the White House I was absent during the The SPEAKER pro tempore. Is there ligence and matters of national secu- votes on H. Res. 264 and H. Con. Res. 50. objection to the request of the gen- rity. Had I been present, I would have voted ‘‘nay’’ tleman from Michigan? I think the product we see on the on both measures. There was no objection. floor today reflects that commitment f f and that working relationship, and I want to commend Mr. RUPPERSBERGER PRIVILEGED REPORT ON RESOLU- INTELLIGENCE AUTHORIZATION and the entire House Permanent Select TION OF INQUIRY TO THE SEC- ACT FOR FISCAL YEAR 2011 RETARY OF STATE Committee on Intelligence for their The SPEAKER pro tempore. Pursu- work, their cooperation, and their com- Ms. ROS-LEHTINEN, from the Com- ant to House Resolution 264 and rule mitment to our national security to mittee on Foreign Affairs, submitted a XVIII, the Chair declares the House in the United States. privileged report (Rept. No. 112–76) on the Committee of the Whole House on We recently saw the successful mis- the resolution (H. Res. 209) directing the State of the Union for the consider- sion against Osama bin Laden. Our in- the Secretary of State to transmit to ation of the bill, H.R. 754. telligence professionals remain on the the House of Representatives copies of b 1442 front lines in America’s defense against any document, record, memo, cor- our enemies. For the last 6 years, Con- respondence, or other communication IN THE COMMITTEE OF THE WHOLE gress has failed to pass a bona fide in- of the Department of State, or any por- Accordingly, the House resolved telligence authorization bill with fund- tion of such communication, that re- itself into the Committee of the Whole ing authority. Instead, yearly appro- fers or relates to any consultation with House on the State of the Union for the priation bills have simply deemed in- Congress regarding Operation Odyssey consideration of the bill (H.R. 754) to telligence funding to be authorized. Dawn or military actions in or against authorize appropriations for fiscal year We must, and I think we agree in a Libya, which was referred to the House 2011 for intelligence and intelligence- bipartisan way, stop that trend and Calendar and ordered to be printed. related activities of the United States stop it this year. The continued success f Government, the Community Manage- of our intelligence community requires ment Account, and the Central Intel- effective and aggressive congressional AUTHORIZING THE SPEAKER TO ligence Agency Retirement and Dis- oversight. Such oversight can only be DECLARE A RECESS ON TUES- ability System, and for other purposes, achieved if we get back in the habit of DAY, MAY 24, 2011, FOR THE PUR- with Mr. YODER in the chair. meeting our responsibility of passing POSE OF RECEIVING IN JOINT The Clerk read the title of the bill. an intelligence authorization bill every MEETING HIS EXCELLENCY The CHAIR. Pursuant to the rule, the year. BINYAMIN NETANYAHU, PRIME bill is considered read the first time. Mr. Chairman, we have men and MINISTER OF ISRAEL The gentleman from Michigan (Mr. women scattered all across this globe Ms. ROS-LEHTINEN. Mr. Speaker, I ROGERS) and the gentleman from Mary- who are engaged daily in sometimes ask unanimous consent that it may be land (Mr. RUPPERSBERGER) each will often very dangerous work of col- in order at any time on Tuesday, May control 30 minutes. lecting information to provide our pol- 24, 2011, for the Speaker to declare a re- The Chair recognizes the gentleman icymakers and our warfighters the in- cess, subject to the call the Chair, for from Michigan. formation they need to defeat our the purpose of receiving in joint meet- Mr. ROGERS of Michigan. Mr. Chair- enemy. From trying to catch spies here ing His Excellency Benjamin man, I yield myself such time as I may in the United States by our FBI to re- Netanyahu, Prime Minister of Israel. consume. All time yielded is for the cruiting people who want to cooperate The SPEAKER pro tempore. Is there purposes of debate only. and help the United States on tough objection to the request of the gentle- Mr. Chairman, I wish to announce issues like nuclear proliferation or ter- woman from Florida? that subsequent to reporting the bill, rorism efforts targeted against us or There was no objection. the committee has modified the classi- our allies, these folks log countless f fied annex to the bill with respect to hours, risk their lives, spend time away the authorized level of funding for cer- from their families, and deserve our COMMUNICATION FROM THE tain programs, with bipartisan agree- praise and our commitment that we CLERK OF THE HOUSE ment between myself and the ranking will work with them to give them the The SPEAKER pro tempore laid be- member, Mr. RUPPERSBERGER. The tools that they need to be successful. fore the House the following commu- classified annex containing the modi- I can’t think of a more important nication from the Clerk of the House of fied schedule of authorizations is avail- time in our history where I have seen Representatives: able for review by all Members of the intelligence play such an important

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3245 role in our world affairs. The world is b 1450 right for the intelligence community changing before our eyes, and our in- Mr. RUPPERSBERGER. Mr. Chair, I to protect our country and our na- telligence community is providing us yield myself such time as I may con- tional security. This is what we did in the information we need, not just to be sume. this budget. safe, but to make good decisions on First, I rise in support of H.R. 754, After months of negotiations with what that world looks like and what the Intelligence Authorization Act for the majority and a number of changes our national interests are country by FY 2011. to address many of the concerns of the country, region by region. The men and women in the military administration, I believe this bill I am particularly pleased that this and intelligence community who moves in a positive direction. It goes a bill has such strong bipartisan support. helped locate al Qaeda leader Osama long way to help our intelligence pro- The legislative provisions are inten- bin Laden exemplify the extraordinary fessionals get the job done. tionally limited to focus our attention courage and skill of those who work I reserve the balance of my time. on providing necessary resources to the tirelessly to keep our community safe. Mr. ROGERS of Michigan. I yield 1 men and women of the intelligence They should be commended for a job minute to the distinguished member of community as provided in the classi- well done. But our fight against ter- the Intelligence Committee, the gen- fied annex. The secrecy that is a nec- rorism is not over. We have severely tleman from New Jersey (Mr. essary part of our country’s intel- weakened al Qaeda, but we must re- LOBIONDO). ligence work requires that the congres- main vigilant as we work to eliminate Mr. LOBIONDO. I would like to start sional Intelligence Committees con- this threat. I believe that it’s our re- out by thanking you, Chairman ROG- duct strong and effective oversight on sponsibility to give our intelligence ERS and Mr. RUPPERSBERGER, for re- behalf of the American people, and that professionals the resources, capabili- focusing the efforts of the Intel Com- strong and effective oversight is pos- ties, and authorities they need to do mittee on that which is critically im- sible. But without that annual intel- their jobs successfully. portant with the authorization and ligence authorization bill, the bill that The Intelligence Authorization Act oversight for our intelligence commu- we will pass today—we must get back for FY 2011 has thousands of civilian nity. in the habit of passing that bill every positions above the level enacted in FY We have incredibly dedicated men year. 2010 and above the level of people cur- and women who are putting their lives rently on board. This includes counter- on the line every day in a way that al- We make important commitments in terrorism positions at the CIA and a most all of America will never know. this bill, Mr. Chairman, for the prior- large increase in personnel at the Na- These individuals deserve nothing less ities of the intelligence community. tional Counterterrorism Center, the than the full attention and help from Technology has fused in the intel- NCTC. The bill also adds hundreds of Congress in the authorization and help- ligence collection like I have never millions of dollars for intelligence ing them with the programs that are seen it, and its increase is exponential above current levels. In response to the necessary to continue the dramatic over the past 10 years. Web site WikiLeaks, the bill includes successes such that we’ve seen with We make important investment in an insider threat detection program Osama bin Laden. the new technologies that allow our in- that automatically monitors unauthor- They have successes every day, ladies telligence officials and professionals to ized access to classified information. and gentlemen. They’re not as high do the work they need to do. It makes The way Congress conducts effective profile as the one we had last week, but them more effective, and it also makes oversight of the intelligence commu- many of them are just as important. the investment in the people who over- nity is by passing an Intelligence au- Without the Intelligence authorization see that technology even more impor- thorization bill to give the intelligence bill, we’re having them go out with one tant. We make that important invest- community budgetary direction. arm tied behind their backs. It’s unfair ment in this FY 2011 intelligence au- When I first got to the Intelligence to them; it’s unfair to the country. In thorization bill as well. Committee 8 years ago, right after 9/11, these times of turbulence, with an Nothing brings that home like the I was concerned with the lack of co- enemy that is bound and determined to broad scope of what we saw participate ordination and communication within hurt our country, we rely on our intel- in the Osama bin Laden event of last the intelligence community. In the dif- ligence community and the great work Sunday. Every single intelligence ferent areas in intelligence—the CIA, that they do. This bill will help them agency, and I do mean every single one, NSA, FBI—there was not the commu- do that. played a part in that operation, from nication or coordination that was nec- Mr. RUPPERSBERGER. I yield 3 collecting small bits of information, essary. But this has definitely changed minutes to a senior member of the In- from putting that piece together, sig- today. The Osama bin Laden mission telligence Committee, the ranking nals intelligence, satellite intelligence, proved that. Professionals from all member of the Terrorism Sub- MASINT intelligence, all of those across the intelligence community, in- committee, the gentleman from Cali- things came together over the course cluding the CIA, NGA, NSA, and Spe- fornia (Mr. THOMPSON). of 10 years. cial Ops, all came together as a team Mr. THOMPSON of California. I to get the job done. We are now on our thank Mr. RUPPERSBERGER for yielding, I credit George Bush and his adminis- game. We’re working together. We’re and I thank Mr. RUPPERSBERGER and tration for assembling this new intel- better than we’ve ever been. And we Mr. ROGERS for their good work in the ligence community that really started clearly have sent a message to the committee. after 9/11 and President Obama for world: If you’re going to attack Ameri- As ranking member of the Sub- making the authorization and the con- cans, if you’re going to kill Americans, committee on Terrorism, Human Intel- tinued policies that allowed us to have we’re going to find you and we’re going ligence, Analysis, and Counterintel- that information to go after Osama bin to bring you to justice. ligence, I’m pleased that we were able Laden. It was really quite an impres- On the House Select Intelligence to work through our differences to sive thing. Both administrations de- Committee we work together. Chair- bring a stronger and now bipartisan In- serve credit for that, and I would hope man ROGERS, as he stated before, and I telligence authorization bill to the that today the people of the House of have agreed to work together in a bi- floor today. Representatives would celebrate that partisan manner. The stakes are too H.R. 754 will support critical U.S. in- victory and all the work of the unsung high not to do so. I join Chairman ROG- telligence capabilities by increasing re- heroes who work in the shadows by ERS in saying politics has no place in sources for our country’s counterter- passing this FY 2011 so they can get the Intelligence Committee. The rorism efforts while also providing about the business of protecting the threats are real and the stakes are too needed flexibility to the Central Intel- United States. high. Sure, we will have disagreements. ligence Agency to hire the analysts I appreciate, again, this bipartisan We will disagree from time to time on that it needs. consensus. policy. But we will work together to Last year, under the leadership of I reserve the balance of my time. work through these issues to do what is then-Speaker PELOSI and Chairman

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3246 CONGRESSIONAL RECORD — HOUSE May 12, 2011 REYES, President Obama signed the Mrs. MYRICK. I’m delighted to be first Intelligence authorization act first Intelligence Authorization Act in here today because this is a good mo- since the 2005 bill. I applaud both 6 years. That bill included a number of ment for our intelligence community Chairman ROGERS and Ranking Mem- long overdue provisions that supported that we are going to pass an Intel- ber RUPPERSBERGER in their efforts to critical U.S. intelligence capabilities, ligence bill. work out a bipartisan compromise that significantly enhanced congressional You’ve heard it said it has been 6 would help maintain and strengthen oversight, and improved accountability years since there has been an author- our impressive intelligence commu- across the entire intelligence commu- ization for these people. They are out nity. They’ve done a tremendous job, nity. Today’s bill builds on that effort there every single day in every single and it’s a breath of fresh air to see ev- and represents an important step for- agency doing what they do so we can erybody working so well together. ward towards enacting an Intelligence be here to be able to discuss this on the Mr. ROGERS of Michigan. Mr. Chair- authorization bill for the second year floor and to live freely in this country man, I yield 2 minutes to the distin- in a row. and around the world. It’s extremely guished gentleman from Texas and a Unfortunately, the process used to important that they have the knowl- member of the Intelligence Committee, produce this bill was badly flawed and edge and security of knowing that Mr. CONAWAY. there weren’t proper hearings to get to what they do is approved of and au- Mr. CONAWAY. I thank the gen- where we are now. And that’s evi- thorized by this committee in the tleman for yielding, I appreciate the denced by the amendments that we are House. chairman’s words, and I hope those able to get into this bill to bring it up It has been good to have a bipartisan aren’t mutually exclusive, being distin- to the position that it’s in. However, agreement in the sense that we worked guished and being from Texas. with the changes made to the classified very well together. Mr. ROGERS and Mr. I rise in strong, strong support of this annex, I believe this authorization will RUPPERSBERGER worked extremely year’s Intelligence authorization bill strengthen our national security and is well. Myself and Mr. THOMPSON, who and encourage my colleagues, all of in the best interest of our intelligence chair one of the committees, work very them, to support this. But with that community. well together. The committee members strong support comes a modest amount Specifically, the additional funds au- do. And so it’s encouraging that we’re of disappointment in that, through no thorized by this bill to hire more coun- able to move forward in a way that’s fault of anyone in particular, we had to terterrorism analysts will make our very positive for the people of this make a tough decision to strike section country safer and more secure. It was, country relative to their national secu- 412 from the bill, which would have al- after all, counterterrorism analysts rity. lowed certain elements within the intel that located Osama bin Laden after he So I urge all of my colleagues to sup- community to set up their own direct had disappeared for nearly 10 years and port this bill. accounts with Treasury. It’s a bit of an that are now tracking senior al Qaeda Mr. RUPPERSBERGER. I yield 3 arcane statement, but it allows greater leadership around the globe. By pro- minutes to the distinguished gen- steps toward achieving auditability viding more resources to this critical tleman from Kentucky (Mr. CHAN- across the intelligence community. effort, our intelligence community will DLER), a hardworking member of the This provision was intended to promote be able to confront head-on the threat Technical and Tactical Subcommittee this goal of better financial account- posed by al Qaeda and other terrorist of the Intelligence Committee. ability and insight into our classified spending. organizations throughout the world. In b 1500 fact, given the recent success of our The intelligence community, Mr. counterterrorism effort, this is the Mr. CHANDLER. I thank the gen- Chairman, must meet the same finan- strategy we should pursue over our tleman from Maryland for yielding. cial accounting standards as the rest of counterinsurgency campaign in Af- Osama bin Laden, one of the worst the government. Those accounting ghanistan, which has not shown the re- men to walk the Earth since Adolf Hit- standards will help uncover savings in sults Congress expected or that the ler, is dead. While on the run for many current programs that can be rein- American people demand. This tactical years, bin Laden continued to plan and vested into vital intelligence priorities change would significantly reduce our coordinate attacks against Americans. or returned to the taxpayers. military footprint in countries around He was only found and killed because While I am disappointed that the pro- the world while allowing our military of the brave men and women in our vision was not in the 2011 bill, I have and intelligence assets to confront ter- military and in our intelligence com- already had good conversations with rorism threats wherever they’re devel- munity. We have some of the best in- the chairman in reference to the 2012 oped. telligence operations in the world, and bill, which will be in committee in the Mr. Chair, our intelligence commu- if we want to continue the fight next couple of weeks, so that we can nity must be prepared for any and all against terrorism, we need to keep it continue to move the intelligence com- threats, making it all the more critical that way. This bill does just that. munity, their various slots, toward ac- for Congress to pass an Intelligence au- The bill authorizes funding for the countability, which is important for thorization that furthers our national dedicated men and women of the intel- the taxpayer, and it helps give manage- security. ligence community to help them do ment a reliable tool. If they’ve got The CHAIR. The time of the gen- their jobs and protect American citi- those systems, got the internal con- tleman has expired. zens. In my tenure on the intelligence trols in place, it will give them tools in Mr. RUPPERSBERGER. I yield the committee, I have had the privilege of order to manage the money, the pre- gentleman 30 additional seconds. visiting with many of the courageous cious resources that we take from the Mr. THOMPSON of California. This and extremely bright people who work taxpayers and entrust to the intel- legislation is necessary, will enhance in intelligence. After meeting them, ligence community to do the great the capabilities of the intelligence there is no doubt in my mind that we work that they have done over these community, specifically our counter- are in good hands, and I have a greater past years. terrorism efforts, and will make our appreciation for the work they do to There is no greater example of that, Nation safer. keep America safe every day. It is in- of course, than the find-and-fix portion I urge my colleagues to support this credibly important that we support of the bin Laden experience that we bill and thank the members of our in- those efforts, especially in light of the saw play out on May 1 and 2, a terrific telligence community and their fami- extraordinary job the intelligence com- achievement by folks whose faces will lies for their great work and their sac- munity did in finding and killing bin never be seen, whose names will never rifice. Laden. be known except to them and their col- Mr. ROGERS of Michigan. Mr. Chair- These are tough times with our budg- leagues. They’ll know who they are. man, I yield 2 minutes to gentlewoman et, but the security of our people has They’ll have that great pride of know- from the great State of North Carolina got to be our priority. ing they’ve done great work for this (Mrs. MYRICK), a distinguished member Last year, under the leadership of country using the tools that we provide of the Intelligence Committee. Chairman REYES, Congress passed its them.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3247 I urge my colleagues to support the ization bill. In years past, we have sim- Mr. ROGERS of Michigan. We plan to reauthorization bill. ply continued to ‘‘deem’’ funding for bring a bill for 2012, and I will work Mr. RUPPERSBERGER. Mr. Chair- our intelligence programs to be author- with you on the NDIC. I couldn’t agree man, how much time is remaining? ized through other appropriations bills. more: it’s important that we continue The CHAIR. The gentleman from Well, our law expressly requires that to have the government effort focus on Maryland has 211⁄2 minutes remaining, we explicitly authorize intelligence illicit drugs; however, the National and the gentleman from Michigan has funding, and that is what we need to do Drug Intelligence Center has done very 20 minutes remaining. here. We need to start passing an au- little to address this national priority, Mr. RUPPERSBERGER. I reserve the thorization bill each year in order to and I look forward to working with the balance of my time. maintain the success of our intel- Member. Mr. ROGERS of Michigan. I yield 2 ligence communities and spell out ex- Mr. FLAKE. I thank the chairman. minutes to the appropriator member of actly what will be provided. I want to Mr. ROGERS of Michigan. Mr. Chair- the House Intelligence Committee, the commend Ranking Member man, I yield 1 minute to a distin- gentleman from New Jersey (Mr. RUPPERSBERGER and Chairman ROGERS guished member of the Intelligence FRELINGHUYSEN). for their work in working together to Committee, the gentleman from Ne- Mr. FRELINGHUYSEN. I thank the make sure that this is made possible. vada (Mr. HECK). chairman for yielding, and I rise in The significance of our country’s in- Mr. HECK. Thank you, Mr. Chair- support of this reauthorization. telligence cannot be overstated. The man. Mr. Chairman, I also rise to pay trib- killing of Osama bin Laden is a direct I would like to begin by recognizing ute to the dedicated men and women of example of the meaningful work that our military’s extraordinary efforts to our intelligence community. Their these agencies perform in order to pro- successfully close a painful chapter in work is not an easy job in the best of tect us. We must continue to provide American history. Of course, the mili- times, but over the last 10 years, these men and women with the re- tary could not have performed their they’ve carried an especially heavy sources and capabilities that they need mission so successfully without our in- day-to-day burden. They work long and not just place obstacles in their hours under tremendous pressure, telligence community’s unflagging ef- way but give them the resources that forts. The men and women of the intel- mostly in obscurity, to ensure that will make their job easier and more ef- Americans are protected everywhere. ligence community are the unsung he- ficient. This authorization bill provides roes of not only the mission to bring They are the unsung heroes of national a detailed blueprint of necessary budg- security, and we owe them more than Osama bin Laden to justice but many et needs for the 17 separate agencies other successful counterterrorism oper- we can possibly repay. that it covers. It funds both military My colleagues, as a Member of the ations, and they deserve tremendous and civilian members of our intel- credit. House from a ‘‘9/11 State,’’ I take very ligence community and directly sup- seriously the findings of the 9/11 Com- The successful bin Laden mission ports those involved in dangerous oper- highlights the critical role our intel- mission. One of the key recommenda- ations at home and abroad. They are tions of the commission was the need ligence community plays in protecting the very operations that are coun- our national security. Two of the intel- to improve coordination of the numer- tering global terrorism and monitoring ous congressional committees charged ligence community’s chief weapons foreign militaries. These are the oper- against terrorism are information and with overseeing and funding the intel- ations that make sure America stays ligence community and its many ac- the ability to communicate that infor- on the cutting edge of intelligence mation swiftly. I’m proud to say that tivities. technology to be able to detect and To this end, I commend Chairman the airmen at Creech Air Force Base in thwart threats before they become im- MIKE ROGERS for including me as part my home State of Nevada are critical minent. These are the people we must of the intelligence team in his com- to both capturing and communicating ensure are adequately funded. information that is necessary for intel- mittee. I would also like to thank I ask all my colleagues to support Chairman Hal Rogers of the Appropria- ligence operations. this bill. One reason Nevadans elected me last tions Committee for seeing fit to ap- Mr. RUPPERSBERGER. I continue point me as one of three liaisons to the fall was to restore government ac- to reserve the balance of my time. countability and oversight. Secretary Intelligence Committee. We are work- Mr. ROGERS of Michigan. Mr. Chair- of Defense Gates and Chairman of the ing closely with the Intelligence Com- man, I yield 1 minute to the gentleman Joint Chiefs of Staff Admiral Mullen mittee to eliminate the daylight that from Arizona (Mr. FLAKE). has existed in the past between these Mr. FLAKE. I thank the gentleman both identified America’s growing debt two important committees and the leg- for yielding, and I would just like to as our number one national security islation that’s produced. engage in a colloquy briefly if we can. concern. The bill Chairman ROGERS and Mr. As the gentleman knows, I have As we’re fighting the war on terror, RUPPERSBERGER have constructed does worked and he has worked to decrease we must not allocate resources without ensure that our intelligence commu- funding for the NDIC, the National due process. nity has the tools and resources to ana- Drug Intelligence Center. This is a cen- The CHAIR. The time of the gen- lyze, predict, respond, and counter all ter that has received hundreds of mil- tleman has expired. Mr. ROGERS of Michigan. I yield the the threats to America and Americans. lions of dollars over the years, yet in gentleman an additional 30 seconds. I commend them for their effort. I am 2005 a White House OMB report said Mr. HECK. And we must ensure the proud to be part of their team. that the NDIC ‘‘has proven ineffective intelligence community is accountable Mr. RUPPERSBERGER. I continue in achieving its assigned mission.’’ Re- for their operations because most of to reserve the balance of my time. ports subsequent to that have pointed their operations occur outside of the Mr. ROGERS of Michigan. Mr. Chair- to similar failures and problems. Yet it public’s view. man, I yield 2 minutes to the gen- still received last year, I think, $44 mil- Chairman ROGERS and Ranking Mem- tleman from Georgia, also a member of lion. the committee, Mr. WESTMORELAND. ber RUPPERSBERGER are doing incred- Mr. WESTMORELAND. I thank the b 1510 ible work to make these ideas that we chairman for yielding me this time. I had intended to bring an amend- share a reality. I applaud their dedica- I cannot stress enough the impor- ment to this authorization bill, but I tion to restoring proper accountability tance of passing this FY 2011 Intel- don’t want to hold up this important and oversight to the intelligence com- ligence authorization bill. This legisla- authorization for FY 11. If I could just munity. I am confident the Intel- tion will not only ensure that our in- ask the chairman if he plans to bring ligence Authorization Act provides the telligence agencies are sufficiently an authorization bill for 2012. resources and latitude our intelligence funded to carry out their functions, but Mr. ROGERS of Michigan. Will the community needs while ensuring fiscal it will hold them fiscally accountable. gentleman yield? and operational responsibility. It has been 6 years since Congress has Mr. FLAKE. I yield to the gen- That is why I urge my colleagues to passed a complete Intelligence author- tleman. vote ‘‘yes’’ on H.R. 754.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3248 CONGRESSIONAL RECORD — HOUSE May 12, 2011 Mr. RUPPERSBERGER. I continue dealing with all sorts of communica- they went into Georgia use aggres- to reserve the balance of my time. tions. These are things that we do in sively cyber to prep the battlefield for Mr. ROGERS of Michigan. Mr. Chair- space, and we have to keep moving their invasion, something that we all man, I yield 2 minutes to another dis- ahead. We have to get our younger gen- need to worry about. tinguished gentleman from the House eration graduating from our colleges to I want to, again, pledge to work with Permanent Select Committee on Intel- continue to go into space. the ranking member on this very, very ligence, the gentleman from Florida And the big threat there is China and important issue so that we can get on (Mr. ROONEY). Russia. China is putting billions of dol- better footing as we move forward. Mr. ROONEY. I thank the chairman lars into space. Their goal is to go to Also, on the space, it is one of the and ranking member for their leader- the Moon, and it is our concern that if things that has given the United States ship. they do that we have to be with them a technological advantage in the world, I rise today, Mr. Chairman, in sup- there. We have to continue our re- something that we need to continue to port of the fiscal year 2011 Intelligence search and development, and we have make those investments into the over- authorization legislation. On Sep- to be vigilant in our space program. head architecture of the United States tember 11, 2001, our Nation faced the Russia, also, is very active in the space from communication satellites to all of deadliest act of terror in U.S. history. area. the things that we do from space. And On the evening of May 1, 2011, the mas- So it’s something that isn’t talked it is a serious investment on this coun- termind of those attacks, Osama bin about a lot, but there’s a lot of money try, but when you look at the success Laden, was brought to justice and that goes into space; and I think we of something like the Osama bin Laden killed while hiding in a compound in have to do a better job in our military, raid, you realize all of it, from space, Abbottabad, Pakistan. in our space and intelligence, and let to cyber, to signals intelligence, to Along with the sacrifices our Na- the public know how important space human intelligence, is something that tion’s troops have made over the past is. was invested in in this money; and I’m 10 years, our intelligence community There’s also another issue which is of glad that the ranking member used has played an integral role in fighting great concern, I think, to the United this opportunity to talk about those the war on terror and keeping America States of America’s national security, very important issues and the commit- safe. The behind-the-scenes work of the and that is the issue of cybersecurity. ment in this bill to start to put us on intelligence community leading up to As we speak, we’re being attacked by better footing for that. the attack and the raid in Abbottabad different governments and who knows I reserve the balance of my time. was critical to the success of the mis- what else we’re being attacked by, get- b 1520 sion and will continue to be a crucial ting information, relevant informa- asset to winning the war on terror. tion, every day we speak. It’s a very se- Mr. RUPPERSBERGER. Mr. Chair- Completing the Intelligence author- rious issue; and, unfortunately, the man, I believe many valid points have ization bill is critical to ensuring that public does not really understand what been made in support of H.R. 754, the our Nation’s intelligence agencies have cyber is about. Intelligence Authorization Act for Fis- the tools they need to remain at the Our NSA is as good as any operation cal Year 2011. forefront of global and national secu- in the world in their technology and First, I want to thank Mr. ROGERS rity. This bill provides vital congres- developing the technology in order to for his leadership and for working to- sional oversight and policy guidance to protect our country. We don’t control gether in a bipartisan way to do what’s the intelligence community on behalf the Internet other than a small part, right for our country’s national secu- of the American people. Congress must our dot-mils, the military part. So we rity and to make sure that we do our ensure these agencies are acting in our have to make sure that our public un- job in the oversight of all of the intel- best interest and spending taxpayer derstands how important cybersecurity ligence areas. Hopefully, we will con- dollars wisely. is, how we could be attacked. tinue this relationship as we go for- As a member of the House Intel- We just recently had an attack about ward. ligence Committee and the House a month ago on NASDAQ. Just think if I reserve the balance of my time. Armed Services Committee, I urge my we had a cyberattack on our banks and Mr. ROGERS of Michigan. Mr. Chair- colleagues to support this bill. what the lack of confidence would be man, I yield 2 minutes to the gen- Mr. RUPPERSBERGER. I yield my- for our public, and the government tleman from California (Mr. NUNES), a self such time as I may consume. can’t afford to pay for it all. So there distinguished member of the House In- There are two issues that I would has to be an effort between our govern- telligence Committee. like to discuss that we don’t talk about ment, our military, our NSA, between Mr. NUNES. I would like to say a lot, but I think it is important that our private sector and between individ- thank you to Chairman ROGERS and to we do raise the issue. I know Chairman uals who have their personal com- Ranking Member RUPPERSBERGER for ROGERS and I and the rest of the com- puters. This is an area of the future we really taking the Intelligence Com- mittee do work on this issue, and need to focus on. mittee and establishing its relevance that’s our space program and that’s I reserve the balance of my time. back in the House. I know we’ve had also cybersecurity. Mr. ROGERS of Michigan. Mr. Chair- some disagreements in the past, but We, years ago, responded to Russia’s man, I want to commend Mr. Chairman ROGERS, along with a lot of putting up Sputnik by, in 10 years, put- RUPPERSBERGER for the last remarks. new members on the committee, have ting a man on the Moon. What we did Cybersecurity is a real and growing been working closely with the Demo- basically is we helped create the threat for the United States. We make crats in a bipartisan way to, I believe, science of rocket science. We did re- serious commitments in this FY 11 bill, make a real difference in Congress’ role search and development, and we were and we have pledged to work together in the intelligence community. I want able to put a man on the Moon. That on separate pieces of legislation to put to commend both of them for their was a great day for the United States the United States in a better position honest and hard work. It’s never easy of America when we did put a man on to defend itself against cybersecurity. because, as I’m learning now since the Moon. Something that started out so long ago being on the committee, it takes a lot Now we’re in a situation where our as somebody in their mother’s base- of hours, and it’s a lot of hours on be- space program needs to move forward. ment hacking into the local school to half of the members that they have to We have a lot of issues that we have to change their grades has become whole commit to this committee; so having a deal with in our space program; and nation-states using the Internet and all chairman and a ranking member to the main reason for that is that, if you of cyberspace to not only steal intel- really lead us in that effort makes a control the skies, you basically control lectual property from private enter- big difference. the world. Space and satellites are so prise, attempt to hack and steal infor- Mr. Chairman, let me speak to the important to what we do, not just from mation from the United States, but issue at hand, which is that it is very an intelligence point of view, getting also use it for offensive purposes where concerning that Congress has not com- the information, taking the pictures, we have seen the Russians who when pleted an authorization bill in 6 years

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3249 even though the terrorist threat has Mr. BOREN. Mr. Chairman, I rise place, but we also know all of the enor- not lessened since September 11, 2001. today in support of the Intelligence mous work that our intelligence com- This has limited an important over- Authorization Act for Fiscal Year 2011. munity did to make that happen. sight responsibility of the Congress. I want to thank Chairman ROGERS, I served in a unit that patrolled the The world is too dangerous for Con- and I also want to thank Ranking East German and Czechoslovakian bor- gress not to be more engaged in over- Member RUPPERSBERGER for working der. Every day, we relied on the fact seeing 16 intelligence agencies. We sim- together in a bipartisan way to produce that our intelligence community was ply cannot maintain the status quo of this bill. Their leadership was invalu- providing our military with the finest the 111th Congress and ignore laws that able in moving this bill forward, and it information and the finest data in as require congressional oversight and the has been critical to all of the commit- near realtime as it possibly could to authorization of intelligence oper- tee’s efforts during the 112th Congress. make sure that we knew how to deploy ations by the House Intelligence Com- Last year, the President signed into our forces and knew the things that mittee. law an Intelligence Authorization Act needed to be done to keep America Congress must meet its responsibil- for the first time since 2005. That bill safe. ities and again begin to pass annual in- included a number of important provi- So I want to applaud the efforts of telligence authorization bills, which sions to address the foreign language the Intelligence Committee. I want to are vital to ensuring, among other needs of the intelligence community, urge all of my colleagues to support things, that the men and women who including a provision I sponsored, this legislation and the intelligence really risk their lives to be part of this which created a pilot program in Afri- community, which keeps everyone in intelligence community are properly can languages under the National Se- America safe. funded to carry out their critical mis- curity Education Program. Mr. RUPPERSBERGER. Mr. Chair- sion of defending our country, such as I am glad we can build upon the FY10 man, in closing, the Intelligence Au- the mission we just saw a couple of bill and can get another authorization thorization Act for Fiscal Year 2011 weeks ago, that of the killing of Osama bill signed into law for the second provides policy guidelines and sets bin Laden. straight year. This bill authorizes the classified funding levels for the 16 The CHAIR. The time of the gen- annual funding for the 16 member agen- agencies in the intelligence commu- tleman has expired. cies of the intelligence community; nity. Al Qaeda leader Osama bin Laden Mr. ROGERS of Michigan. I yield the aligns the national counterterrorism is gone forever, but our fight against gentleman 1 additional minute. strategy with the policies and strate- terrorism is far from over. Mr. NUNES. Congress can no longer gies of the DNI; and requires the DNI I believe this bill moves us in the avoid its responsibilities when our to establish an insider threat detection right direction to ensure our topnotch counterintelligence operations provide program to prevent unauthorized leaks intelligence professionals have the re- critical support to our combat units in of classified information. sources, capabilities and authorities Iraq, Afghanistan, Libya, and in other While this bill is important to our in- they need to keep our country safe. important places across the world or I also want to acknowledge our staffs telligence community’s ability to be when our intelligence agencies require on both the Democratic and Repub- the first line of defense for America, as new, cutting-edge technology or during lican sides, who worked together very we recently saw with the killing of bin a time of unprecedented unrest in the closely with us to help put together Laden in Pakistan, the intelligence Middle East, Southeast Asia or in this bill. I’ve always said that you’re community often forms the first line of other parts of Central and South Amer- only as good as your team. We talk offense against our enemies as well. ica. about teamwork. You need a good team This does not mention the ever-grow- Last month, I traveled to Pakistan and Afghanistan, and witnessed first- and a good staff. ing threat that we face in the cyber I yield back the balance of my time. community, with cyberspace, which is hand the tremendous challenge of lo- 1530 an area that this committee, I believe, cating bin Laden and other members of b will have to spend some significant al Qaeda. Finding him would not have Mr. ROGERS of Michigan. Mr. Chair- time on. been possible without the robust capa- man, I will just take this opportunity The CHAIR. The time of the gen- bilities that are available to the dedi- to thank both the Democrat and Re- tleman has again expired. cated intelligence professionals at the publican staff members who helped us Mr. ROGERS of Michigan. I yield the CIA and other agencies. That is why prepare this bill. For the first time gentleman an additional 30 seconds. Congress must continue to provide the since I have served on the committee, Mr. NUNES. It also doesn’t mention intelligence community with every re- we had both Democrat and Republican the time that we will have to spend on source it needs to complete its mis- staff briefed in a bipartisan way at the some foreign countries that are quick- sions. same table, all Members in the room. ly gaining access to minerals that are Again, I extend my gratitude to And we think that that improved the very hard to come by. So many foreign Chairman ROGERS and to Ranking value of this product tremendously, nations are investing a lot of time, en- Member RUPPERSBERGER for their ex- something we are hoping to continue. ergy and effort into locating not only ceptional work on this legislation, and So my hat is off to all of the staff. We these minerals, oil, and natural gas all I also thank the Intelligence Com- hire professionals from the community, over the world, but they’re coming to- mittee staff for its tireless efforts in from all walks of life as well to provide gether and working outside the inter- preparing this year’s bill. us the expertise that we need to pro- ests of the United States. We have to I urge my colleagues to support this vide the proper oversight for the intel- have intelligence in these areas. legislation. ligence community. And I do believe, This isn’t your typical authorization Mr. ROGERS of Michigan. Mr. Chair- in this great spirit of bipartisanship bill, but it funds 17 intelligence agen- man, I now yield 2 minutes to a former with Mr. RUPPERSBERGER, that this cies which are critical to the defense of Army captain, the great new Member will give the tools to those 17 agencies our country. Each agency has a unique from Kansas (Mr. POMPEO). who work in secrecy on behalf of the perspective on the world, and Congress Mr. POMPEO. Thank you, Mr. Chair- United States the things that they should be bipartisan in its partnering man. need to accomplish their mission and in these missions throughout the au- I wanted to come to the floor today to keep this great country safe. thorization and oversight processes. I and thank Chairman ROGERS and the I yield back the balance of my time. look forward to voting ‘‘yes’’ on the ranking member for the great work The CHAIR. All time for general de- 11th bill and to working in a bipartisan they’ve done. bate has expired. way on the 12th bill. I do not sit on this committee, but I Pursuant to the rule, the amendment Mr. RUPPERSBERGER. Mr. Chair- did have the opportunity to serve in in the nature of a substitute printed in man, I yield 3 minutes to an out- uniform our country. We witnessed the bill shall be considered as an origi- standing member of the Terrorism Sub- what happened in the capture of the nal bill for the purpose of amendment committee, the gentleman from Okla- world’s greatest terrorist, and we saw under the 5-minute rule and shall be homa (Mr. BOREN). the great military feats which took considered read.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3250 CONGRESSIONAL RECORD — HOUSE May 12, 2011 The text of the amendment in the na- (12) The Federal Bureau of Investigation. which is not otherwise authorized by the Con- ture of a substitute is as follows: (13) The Drug Enforcement Administration. stitution or the laws of the United States. (14) The National Reconnaissance Office. H.R. 754 SEC. 302. INCREASE IN EMPLOYEE COMPENSA- (15) The National Geospatial-Intelligence TION AND BENEFITS AUTHORIZED Be it enacted by the Senate and House of Rep- Agency. BY LAW. resentatives of the United States of America in (16) The Department of Homeland Security. Appropriations authorized by this Act for sal- Congress assembled, SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- ary, pay, retirement, and other benefits for Fed- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TIONS. eral employees may be increased by such addi- (a) SHORT TITLE.—This Act may be cited as (a) SPECIFICATIONS OF AMOUNTS AND PER- tional or supplemental amounts as may be nec- the ‘‘Intelligence Authorization Act for Fiscal SONNEL LEVELS.—The amounts authorized to be essary for increases in such compensation or Year 2011’’. appropriated under section 101 and the author- benefits authorized by law. (b) TABLE OF CONTENTS.—The table of con- ized personnel levels (expressed as full-time SEC. 303. NON-REIMBURSABLE DETAIL OF OTHER tents for this Act is as follows: equivalent positions) as of September 30, 2011, PERSONNEL. Sec. 1. Short title; table of contents. for the conduct of the intelligence activities of (a) IN GENERAL.—Section 113A of the National Sec. 2. Definitions. the elements listed in paragraphs (1) through Security Act of 1947 (50 U.S.C. 404h–1) is amend- TITLE I—BUDGET AND PERSONNEL (16) of section 101, are those specified in the ed to read as follows: AUTHORIZATIONS classified Schedule of Authorizations prepared ‘‘NON-REIMBURSABLE DETAIL OF OTHER to accompany the bill H.R. 754 of the One Hun- PERSONNEL Sec. 101. Authorization of appropriations. dred Twelfth Congress. ‘‘SEC. 113A. An officer or employee of the Sec. 102. Classified Schedule of Authorizations. (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF United States or member of the Armed Forces Sec. 103. Intelligence Community Management AUTHORIZATIONS.—The classified Schedule of may be detailed to the staff of an element of the Account. Authorizations referred to in subsection (a) intelligence community funded through the Na- TITLE II—CENTRAL INTELLIGENCE AGEN- shall be made available to the Committee on Ap- tional Intelligence Program from another ele- CY RETIREMENT AND DISABILITY SYS- propriations of the Senate, the Committee on ment of the intelligence community or from an- TEM Appropriations of the House of Representatives, other element of the United States Government Sec. 201. Authorization of appropriations. and to the President. The President shall pro- on a non-reimbursable basis, as jointly agreed to TITLE III—GENERAL INTELLIGENCE vide for suitable distribution of the Schedule, or by the heads of the receiving and detailing ele- COMMUNITY MATTERS of appropriate portions of the Schedule, within ments, for a period not to exceed two years. This the executive branch. section does not limit any other source of au- Sec. 301. Restriction on conduct of intelligence thority for reimbursable or non-reimbursable de- activities. SEC. 103. INTELLIGENCE COMMUNITY MANAGE- Sec. 302. Increase in employee compensation MENT ACCOUNT. tails.’’. (b) TABLE OF CONTENTS AMENDMENT.—The and benefits authorized by law. (a) AUTHORIZATION OF APPROPRIATIONS.— table of contents in the first section of such Act Sec. 303. Non-reimbursable detail of other per- There is authorized to be appropriated for the is amended by striking the item relating to sec- sonnel. Intelligence Community Management Account of the Director of National Intelligence for fiscal tion 113A and inserting the following: TITLE IV—MATTERS RELATING TO ELE- year 2011 the sum of $660,732,000. Within such ‘‘Sec. 113A. Non-reimbursable detail of other MENTS OF THE INTELLIGENCE COMMU- amount, funds identified in the classified Sched- personnel.’’. NITY ule of Authorizations referred to in section TITLE IV—MATTERS RELATING TO ELE- Subtitle A—Office of the Director of National 102(a) for advanced research and development MENTS OF THE INTELLIGENCE COMMU- Intelligence shall remain available until September 30, 2012. NITY Sec. 401. Schedule and requirements for the Na- (b) AUTHORIZED PERSONNEL LEVELS.—The ele- Subtitle A—Office of the Director of National tional Counterintelligence Strat- ments within the Intelligence Community Man- Intelligence egy. agement Account of the Director of National In- Sec. 402. Insider threat detection program. telligence are authorized 787 full-time equivalent SEC. 401. SCHEDULE AND REQUIREMENTS FOR personnel as of September 30, 2011. Personnel THE NATIONAL COUNTERINTEL- Subtitle B—Other Elements LIGENCE STRATEGY. serving in such elements may be permanent em- Sec. 411. Defense Intelligence Agency counter- Section 904(d)(2) of the Counterintelligence ployees of the Office of the Director of National intelligence and expenditures. Enhancement Act of 2002 (50 U.S.C. 402c(d)(2)) Intelligence or personnel detailed from other ele- Sec. 412. Accounts and transfer authority for is amended— ments of the United States Government. appropriations and other amounts (1) by striking ‘‘Subject’’ and inserting the fol- (c) CLASSIFIED AUTHORIZATIONS.— for the intelligence elements of the lowing: (1) AUTHORIZATION OF APPROPRIATIONS.—In Department of Defense. ‘‘(A) REQUIREMENT TO PRODUCE.—Subject’’; addition to amounts authorized to be appro- (2) by striking ‘‘on an annual basis’’; and SEC. 2. DEFINITIONS. priated for the Intelligence Community Manage- In this Act: (3) by adding at the end the following: ment Account by subsection (a), there are au- ‘‘(B) REVISION AND REQUIREMENT.—The Na- (1) CONGRESSIONAL INTELLIGENCE COMMIT- thorized to be appropriated for the Community tional Counterintelligence Strategy shall be re- TEES.—The term ‘‘congressional intelligence Management Account for fiscal year 2011 such vised or updated at least once every three years committees’’ means— additional amounts as are specified in the clas- and shall be aligned with the strategy and poli- (A) the Select Committee on Intelligence of the sified Schedule of Authorizations referred to in cies of the Director of National Intelligence.’’. Senate; and section 102(a). Such additional amounts made SEC. 402. INSIDER THREAT DETECTION PRO- (B) the Permanent Select Committee on Intel- available for advanced research and develop- ligence of the House of Representatives. GRAM. ment shall remain available until September 30, (a) INITIAL OPERATING CAPABILITY.—Not later (2) INTELLIGENCE COMMUNITY.—The term ‘‘in- 2012. telligence community’’ has the meaning given than October 1, 2012, the Director of National (2) AUTHORIZATION OF PERSONNEL.—In addi- Intelligence shall establish an initial operating that term in section 3(4) of the National Security tion to the personnel authorized by subsection Act of 1947 (50 U.S.C. 401a(4)). capability for an effective automated insider (b) for elements of the Intelligence Community threat detection program for the information re- TITLE I—BUDGET AND PERSONNEL Management Account as of September 30, 2011, sources in each element of the intelligence com- AUTHORIZATIONS there are authorized such full-time equivalent munity in order to detect unauthorized access SEC. 101. AUTHORIZATION OF APPROPRIATIONS. personnel for the Community Management Ac- to, or use or transmission of, classified intel- Funds are hereby authorized to be appro- count as of that date as are specified in the ligence. priated for fiscal year 2011 for the conduct of classified Schedule of Authorizations referred to (b) FULL OPERATING CAPABILITY.—Not later the intelligence and intelligence-related activi- in section 102(a). than October 1, 2013, the Director of National ties of the following elements of the United TITLE II—CENTRAL INTELLIGENCE AGEN- Intelligence shall ensure the program described States Government: CY RETIREMENT AND DISABILITY SYS- in subsection (a) has reached full operating ca- (1) The Office of the Director of National In- TEM pability. telligence. SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (c) REPORT.—Not later than December 1, 2011, the Director of National Intelligence shall sub- (2) The Central Intelligence Agency. There is authorized to be appropriated for the mit to the congressional intelligence committees (3) The Department of Defense. Central Intelligence Agency Retirement and Dis- a report on the resources required to implement (4) The Defense Intelligence Agency. ability Fund for fiscal year 2011 the sum of the insider threat detection program referred to (5) The National Security Agency. $292,000,000. (6) The Department of the Army, the Depart- in subsection (a) and any other issues related to ment of the Navy, and the Department of the TITLE III—GENERAL INTELLIGENCE such implementation the Director considers ap- Air Force. COMMUNITY MATTERS propriate to include in the report. (7) The Coast Guard. SEC. 301. RESTRICTION ON CONDUCT OF INTEL- (d) INFORMATION RESOURCES DEFINED.—In (8) The Department of State. LIGENCE ACTIVITIES. this section, the term ‘‘information resources’’ (9) The Department of the Treasury. The authorization of appropriations by this means networks, systems, workstations, servers, (10) The Department of Energy. Act shall not be deemed to constitute authority routers, applications, databases, websites, on- (11) The Department of Justice. for the conduct of any intelligence activity line collaboration environments, and any other

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 6333 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3251 information resources in an element of the intel- ‘‘(c) AVAILABILITY OF APPROPRIATIONS AND have arisen; and I believe it was pru- ligence community designated by the Director of AMOUNTS TRANSFERRED.—(1) Appropriations dent to hold this over until the FY12 National Intelligence. transferred pursuant to subsection (b) shall re- bill. It is something that I support and Subtitle B—Other Elements main available for the same time period, and hope to return to the bill in FY12. I do shall be available for the same purposes, as the SEC. 411. DEFENSE INTELLIGENCE AGENCY appropriations from which transferred. not believe that either of these changes COUNTERINTELLIGENCE AND EX- are controversial and urge Members to PENDITURES. ‘‘(2) Appropriation balances in an account es- Section 105 of the National Security Act of tablished pursuant to subsection (a) may be support the amendment. 1947 (50 U.S.C. 403–5) is amended— transferred back to the account or accounts I reserve the balance of my time. (1) in subsection (b)(5), by inserting ‘‘and from which such balances originated as an ap- Mr. RUPPERSBERGER. Mr. Chair- counterintelligence’’ after ‘‘human intel- propriation refund. man, I rise to claim the time in opposi- ligence’’; ‘‘(d) DEFENSE INTELLIGENCE ELEMENTS DE- tion, though I am not opposed to the (2) by redesignating subsection (c) as sub- FINED.—In this section, the term ‘defense intel- amendment. section (d); and ligence elements’ means the agencies, offices, The CHAIR. Without objection, the (3) by inserting after subsection (b) the fol- and elements of the Department of Defense that are included within the elements of the intel- gentleman from Maryland is recog- lowing: nized for 5 minutes. ‘‘(c) EXPENDITURE OF FUNDS BY THE DEFENSE ligence community specified in or designated under section 3(4) of the National Security Act There was no objection. INTELLIGENCE AGENCY.—(1) Subject to para- Mr. RUPPERSBERGER. In this era graphs (2) and (3), the Director of the Defense of 1947 (50 U.S.C. 401a(4)).’’. Intelligence Agency may expend amounts made (b) CLERICAL AMENDMENT.—The table of sec- of tight budgets, I believe it is our re- available to the Director for human intelligence tions at the beginning of subchapter I of chapter sponsibility to manage every taxpayer and counterintelligence activities for objects of a 21 of such title is amended by inserting after the dollar efficiently and effectively. Sec- confidential, extraordinary, or emergency na- item relating to section 428 the following new tion 412 of the bill provides the Sec- ture, without regard to the provisions of law or item: retary of Defense authority to transfer regulation relating to the expenditure of Gov- ‘‘429. Appropriations for defense intelligence ele- certain funds into specific accounts to ernment funds. ments: accounts for transfer; provide more accurate accounting of transfer.’’. ‘‘(2) The Director of the Defense Intelligence money spent. The manager’s amend- Agency may not expend more than five percent The CHAIR. No amendment to the ment strikes section 412 from the bill. of the amounts made available to the Director committee amendment is in order ex- for human intelligence and counterintelligence Section 412 will allow for an accurate cept those printed in House Report 112– audit of taxpayer dollars. This impor- activities for a fiscal year for objects of a con- 75. Each such amendment may be of- fidential, extraordinary, or emergency nature in tant tool will save us money in the accordance with paragraph (1) during such fis- fered only in the order printed in the long run. We must identify programs cal year unless— report, by a Member designated in the that are not working and trim those ‘‘(A) the Director notifies the congressional report, shall be considered read, shall costs. A thorough audit will help us do intelligence committees of the intent to expend be debatable for the time specified in that. We must ensure any cuts do not the amounts; and the report equally divided and con- negatively impact on the performance ‘‘(B) 30 days have elapsed from the date on trolled by the proponent and an oppo- of the mission. The administration sup- which the Director notifies the congressional in- nent, shall not be subject to amend- telligence committees in accordance with sub- ports section 412, and so do I. paragraph (A). ment, and shall not be subject to a de- I reserve the balance of my time. ‘‘(3) For each expenditure referred to in para- mand for division of the question. Mr. ROGERS of Michigan. I thank graph (1), the Director shall certify that such AMENDMENT NO. 1 OFFERED BY MR. ROGERS OF the ranking member. I look forward to expenditure was made for an object of a con- MICHIGAN working with him on this particular fidential, extraordinary, or emergency nature. The CHAIR. It is now in order to con- issue. ‘‘(4) Not later than December 31 of each year, sider amendment No. 1 printed in As I think the ranking member un- the Director of the Defense Intelligence Agency House Report 112–75. derstands, Mr. Chairman, we’ve shall submit to the congressional intelligence Mr. ROGERS of Michigan. Mr. Chair- brought in auditors on the committee. committees a report on any expenditures made man, I have an amendment at the desk. during the preceding fiscal year in accordance This is something we’re very com- with paragraph (1).’’. The CHAIR. The Clerk will designate mitted to in a bipartisan way, to actu- the amendment. SEC. 412. ACCOUNTS AND TRANSFER AUTHORITY ally have funds that can be audited. FOR APPROPRIATIONS AND OTHER The text of the amendment is as fol- It’s a bit shocking, I think, to both of AMOUNTS FOR THE INTELLIGENCE lows: us that they have had these funds for ELEMENTS OF THE DEPARTMENT OF Page 12, line 10, insert ‘‘under the National such a long time that have not been DEFENSE. Intelligence Program’’ after ‘‘the Director’’. (a) IN GENERAL.—Chapter 21 of title 10, able to be audited, and we hope to do Page 12, line 17, insert ‘‘under the National that on behalf of the taxpayers of the United States Code, is amended by inserting Intelligence Program’’ after ‘‘the Director’’. after section 428 the following new section: Strike section 412. United States. With that, I yield back the balance of ‘‘§ 429. Appropriations for defense intelligence The CHAIR. Pursuant to House Reso- elements: accounts for transfer; transfer my time. lution 264, the gentleman from Michi- Mr. RUPPERSBERGER. I agree with ‘‘(a) ACCOUNTS FOR APPROPRIATIONS FOR DE- gan (Mr. ROGERS) and a Member op- the chairman. Staff is working to- FENSE INTELLIGENCE ELEMENTS.—The Secretary posed each will control 5 minutes. of the Treasury shall establish one or more ac- gether to try to resolve the issues in- counts for the receipt of appropriations and The Chair recognizes the gentleman volving section 412. We look forward to other amounts transferred pursuant to sub- from Michigan. a positive resolution. section (b). Mr. ROGERS of Michigan. Mr. Chair- I yield back the balance of my time. ‘‘(b) TRANSFERS AUTHORIZED.—(1) There may man, this is a manager’s amendment to The CHAIR. The question is on the be transferred to an account established pursu- the bill that contains two provisions. amendment offered by the gentleman ant to subsection (a) the following: The first provision would simply from Michigan (Mr. ROGERS). ‘‘(A) Appropriations transferred by the Sec- clarify that section 411 of the bill, The question was taken; and the retary of Defense from appropriations of the De- which relates to certain Defense Intel- Chair announced that the ayes ap- partment of Defense available for intelligence, ligence Agency expenditures, applies intelligence-related activities, and intelligence- peared to have it. related communications. only to the National Intelligence Pro- Mr. RUPPERSBERGER. I demand a ‘‘(B) Appropriations and other amounts trans- gram funds. This clarification was re- recorded vote. ferred by the Director of National Intelligence quested by the Committee on Armed The CHAIR. Pursuant to clause 6 of from appropriations and other amounts avail- Services and is largely technical in na- rule XVIII, further proceedings on the able for the defense intelligence elements. ture. amendment offered by the gentleman ‘‘(C) Amounts and reimbursements in connec- The second provision would strike from Michigan will be postponed. tion with transactions authorized by law be- section 412 of the reported bill, which AMENDMENT NO. 2 OFFERED BY MR. BARROW tween the defense intelligence elements and provides for the creation of certain ac- other entities. The CHAIR. It is now in order to con- ‘‘(2) The transfer authority of the Secretary of counts for intelligence funds. While sider amendment No. 2 printed in Defense under paragraph (1)(A) is in addition to this provision is an important one, in- House Report 112–75. any other transfer authority available to the tended to promote auditability of in- Mr. BARROW. I have an amendment Secretary by law. telligence funds, some technical issues at the desk.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3252 CONGRESSIONAL RECORD — HOUSE May 12, 2011 The CHAIR. The Clerk will designate our enemies. Cultural, language, and At the end of title III, add the following the amendment. educational barriers affect the quality new section: The text of the amendment is as fol- of intelligence we can gather; and it’s SEC. 304. INFORMATION ON PURSUIT OF ANWAR lows: critical that we have the human assets AL-AWLAKI. Not later than 90 days after the date of the After section 303, insert the following: to overcome these barriers. enactment of this Act, the Director of Na- SEC. 304. INTELLIGENCE OFFICER TRAINING The area of Georgia I represent is tional Intelligence and the Director of the PROGRAM. home to several HBCUs with specific Central Intelligence Agency shall jointly Section 1024 of the National Security Act expertise in critical languages. Engag- submit to the congressional intelligence of 1947 (50 U.S.C. 441p) is amended— ing centers of academic excellence such committees— (1) in subsection (a)(1), by striking ‘‘sub- (1) all information in the possession of the section (b)’’ and inserting ‘‘subsections (b) as these will help the intelligence com- Office of the Director of National Intel- and (c)’’; munity meet our strategic security ligence and the Central Intelligence Agency (2) by redesignating subsections (c) goals and will produce more sophisti- relating to the pursuit and targeting of through (f) as subsections (d) through (g), re- cated intelligence officers. This, in Anwar al-Awlaki by the Federal Govern- spectively; turn, will make our country more se- ment; and (3) by inserting after subsection (b), the cure. I, therefore, urge my colleagues (2) an analysis of the legal impediments to following: to support this amendment and support pursuing the capture of Anwar al-Awlaki. ‘‘(c) GRANT PROGRAM FOR HISTORICALLY passage of the bill. The CHAIR. Pursuant to House Reso- BLACK COLLEGES AND UNIVERSITIES.—(1) The With that, I yield back the balance of Director may provide grants to historically lution 264, the gentleman from Penn- my time. black colleges and universities to provide sylvania (Mr. DENT) and a Member op- Mr. ROGERS of Michigan. Mr. Chair- programs of study in educational disciplines posed each will control 5 minutes. identified under subsection (a)(2) or de- man, while I do not oppose the amend- The Chair recognizes the gentleman scribed in paragraph (2). ment, I would ask unanimous consent from Pennsylvania. ‘‘(2) A grant provided under paragraph (1) to claim the time in opposition. Mr. DENT. Mr. Chairman, I first may be used to provide programs of study in The CHAIR. Is there objection to the want to commend the chairman and the following educational disciplines: request of the gentleman from Michi- the ranking member for the very good ‘‘(A) Intermediate and advanced foreign gan? languages deemed in the immediate interest There was no objection. work they have done on this bill. They of the intelligence community, including The CHAIR. The gentleman is recog- really have worked in a bipartisan Farsi, Pashto, Middle Eastern, African, and manner, and they are really trying to South Asian dialects. nized for 5 minutes. Mr. ROGERS of Michigan. I yield advance the best interests of the intel- ‘‘(B) Study abroad programs and cultural ligence community and this Nation’s immersion programs.’’; and myself such time as I may consume. (4) in paragraph (g) (as so redesignated)— While I support the intent behind the national security. So I applaud them (A) by redesignating paragraph (2) as para- amendment, I believe it is also impor- for the spirit in which they have taken graph (3); tant to note for the record—and I ap- on this legislation. (B) by inserting after paragraph (1), the preciate the gentleman’s work on I will withdraw this amendment after following: this—that the Intelligence Committee having conversations with the chair- ‘‘(2) HISTORICALLY BLACK COLLEGE AND UNI- has already a number of existing pro- man. But the point I want to make VERSITY.—The term ‘historically black col- grams and initiatives in this area. I about the amendment is that the lege and university’ has the meaning given think this will, in fact, enhance that amendment simply directs the Director the term ‘part B institution’ in section 322 of of National Intelligence and the CIA the Higher Education Act of 1965 (20 U.S.C. effort. 1061).’’; and The proposed amendment has the that within 90 days of this act to pro- (C) by adding at the end the following: goal of assisting Historically Black vide the congressional intelligence ‘‘(4) STUDY ABROAD PROGRAM.—The term Colleges and Universities in creating committees all information possessed ‘study abroad program’ means a program of and maintaining academic curricula by the DNI and the CIA relating to the study that— that help the intelligence community pursuit and targeting of one Anwar al- ‘‘(A) takes places outside the geographical meet its workforce diversity and crit- Awlaki by the Federal Government as boundaries of the United States; ical language goals. I am happy to say well as an analysis of the legal impedi- ‘‘(B) focuses on areas of the world that are ments to pursuing the capture of critical to the national security interests of that the community already under- the United States and are generally under- stands well that a diverse workforce Anwar al-Awlaki. represented in study abroad programs at in- enhances its mission performance. For Americans are all very much familiar stitutions of higher education, including Af- example, Director Panetta has with who Osama bin Laden is. Every- rica, Asia, Central and Eastern Europe, Eur- launched his own initiative at CIA to body knows who he is, and we’re all ex- asia, Latin America, and the Middle East; enhance the diversity of that agency’s tremely gratified about his demise. At and workforce. the same time, we should all be aware ‘‘(C) is a credit or noncredit program.’’. Additionally, there are other initia- too that Anwar al-Awlaki seems to be The CHAIR. Pursuant to House Reso- tives under way to increase the em- the leader of many of the operational lution 264, the gentleman from Georgia ployment and retention of the diverse aspects of al Qaeda on the Arabian Pe- (Mr. BARROW) and a Member opposed candidates throughout the intelligence ninsula. He is a real threat. He is an each will control 5 minutes. community. And I won’t go on, other American citizen. He is also a Yemeni The Chair recognizes the gentleman than to compliment the gentleman for citizen. He has targeted Americans. We from Georgia. his interest in exposing the number of always thought he was a spiritual ad- Mr. BARROW. Mr. Chairman, I want people who would have the skills to viser and certainly a recruiter for al to begin by thanking Chairman ROGERS apply and diversify our workforce at Qaeda. But now it’s quite clear that he and Ranking Member RUPPERSBERGER the CIA. has also gone operational. for their hard work on this important I yield back the balance of my time. b 1540 legislation. The CHAIR. The question is on the We face a diverse and growing array amendment offered by the gentleman We’re aware of that as it relates to of threats around the globe, and we from Georgia (Mr. BARROW). the underwear bomber, Abdulmutallab need an intelligence community as di- The amendment was agreed to. and his attempt to the blow up the air- verse as the threats we face. My AMENDMENT NO. 3 OFFERED BY MR. DENT liner near Detroit. amendment directs the national intel- The CHAIR. It is now in order to con- So the point of this amendment is to ligence director to create a pilot pro- sider amendment No. 3 printed in raise awareness on Anwar al-Awlaki, gram for Historically Black Colleges House Report 112–75. also to point out the fact that he is a and Universities to help develop crit- Mr. DENT. I offer an amendment, Mr. citizen, to point out the fact that I ical language curricula and study Chairman. think it’s important that we consider abroad programs. Our defenses have to The CHAIR. The Clerk will designate essentially that he has committed ex- be as advanced as the means used by the amendment. patriating acts. I mean, the fact that our enemies. That means that our The text of the amendment is as fol- he has targeted American citizens, that human assets have to be as diverse as lows: he has called for the death of many

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3253 Americans, I have legislation that is The Chair recognizes the gentleman Mr. RUPPERSBERGER. I appreciate also prepared to deal with his citizen- from New York. Congressman GIBSON’s intent. And I ship issue, that it should be revoked, or Mr. GIBSON. Mr. Chairman, I actu- also want to thank him for his service at least we should seriously do that, ally want to begin this afternoon by in the military. But I believe we should just as we would for any other indi- praising the chairman and the ranking always be looking for efficiencies to vidual who takes up arms against this member, all of the members of the help reduce costs throughout the gov- country. We have laws on the books intel committee and their staff for ernment. from 1944 when there were individuals truly magnificent work here on behalf The Director of National Intelligence who were signed up with the Nazi army of the American people. I’ve spent is conducting a similar review that will or the Imperial Army of Japan who some time down in the SCIF and have identify redundancies without sacri- took up arms against this country as been through the bill, and I think it’s ficing core missions. I want to see the citizens. Those are expatriating acts. something that everyone can be proud product of those efforts before asking I simply believe that if an individual of. And clearly, the operation that oc- the DNI, Director of National Intel- takes up arms with al Qaeda or the curred about 2 weeks ago that ended in ligence, to submit an additional report. Taliban or any other terrorist organi- the death of Osama Bin Laden is an ex- For this reason I oppose the amend- zation, foreign terrorist organization ample of how intel and operations can ment. that is intent on killing Americans, be fused for successful operations. I reserve the balance of my time. that we should treat them just as we And I’m rising today to offer an Mr. GIBSON. I certainly respect my would an individual who is an agent of amendment to the intel authorization colleague for all his experiences that a foreign government or part of a for- bill that I hope the committee will be he brings before he comes to the Con- eign army. That’s the whole point. willing to accept. It’s based on my ex- gress, and for the tremendous work But recognizing this is probably not periences from the 29 years I served in he’s done in the time that he’s been the best place to offer this amendment the United States military, nearly 5 in here serving the American people in at this time, I have agreed to withdraw the New York Army National Guard, the United States Congress. it. I appreciate the chairman’s consid- and then 24 years in the United States I respectfully disagree with the posi- eration, and I will be working to make Army. tion, and would like to hear directly sure that this Congress has the oppor- And I will tell you that, particularly, from the Director of National Intel- tunity to address the citizenship issue my experiences in Iraq commanding an ligence. I know if I were in his shoes I of Anwar al-Awlaki. It has reported in airborne infantry battalion task force, would welcome this task. I would want the press that our government has a and then later as a Division G–3, that’s to provide the United States Congress, kill or capture order on Mr. Al-Awlaki. an operations officer for Multinational the American people, by way of the I don’t know if that is true or not. I Division North, I saw firsthand the vir- United States Congress, to provide the read it in the press. tues of intel and operations being fused Just last week we saw reports that recommendations on the way that he, for successful operations. in this case, the way he sees fit on bet- Anwar al-Awlaki was supposedly the And so what concerns me today is the intended target of an attack, unsuc- ter organizing the intel community. fact that since the 11th of September, cessful, in Yemen, and so he is still So, with a very heavy respect for the we’ve had significant growth in the alive. And the point I want to make is ranking member, I still urge my col- intel community to address various that I think that if we’re targeting an leagues to support the amendment. concerns. And what I think we need to American citizen for assassination, Mr. RUPPERSBERGER. I yield back do now is pause, reflect, and look for then I think we should at least take up the balance of my time. ways to consolidate all that growth so the issue of his citizenship and revoke Mr. GIBSON. I yield back the balance that we can continue to have effective it if at all possible. So at that point I of my time. intel operations in a manner that’s will address it in another forum. The CHAIR. The question is on the At this time I would again urge ev- consistent for Republicans, and one amendment offered by the gentleman erybody here to support the underlying that we can afford. from New York (Mr. GIBSON). legislation. I will withdraw this amend- So what I offered is actually a very The question was taken; and the ment, and I appreciate the chairman simple amendment. It asks the Direc- Chair announced that the ayes ap- and ranking member’s consideration. tor of National Intelligence to provide peared to have it. Mr. Chairman, I ask unanimous con- his recommendations on consolidation Mr. RUPPERSBERGER. Mr. Chair- sent to withdraw the amendment. with an eye towards effectiveness and man, I demand a recorded vote. The CHAIR. Is there objection to the efficiency. The CHAIR. Pursuant to clause 6 of request of the gentleman from Penn- When we initially created this posi- rule XVIII, further proceedings on the sylvania? tion this, of course, was a result of the amendment offered by the gentleman There was no objection. Kean Commission after the horrific at- from New York will be postponed. AMENDMENT NO. 5 OFFERED BY MR. GIBSON tacks of the 11th of September, 2001. The CHAIR. It is now in order to con- We created the DNI to help us to really b 1550 sider amendment No. 5 printed in provide leadership in the intel commu- AMENDMENT NO. 6 OFFERED BY MR. House Report 112–75. nity. In my estimation, we did not pro- RUPPERSBERGER Mr. GIBSON. Mr. Chairman, I have vide the adequate budget and legal au- an amendment at the desk. thorities for him to really accomplish The CHAIR. It is now in order to con- The CHAIR. The Clerk will designate all those duties that we expected of sider amendment No. 6 printed in the amendment. him. So I would think that he would House Report 112–75. The text of the amendment is as fol- welcome this task to provide his rec- Mr. RUPPERSBERGER. I rise to lows: ommendation to us on how we might offer the amendment for Congress- At the end of subtitle A of title IV (page 11, better organize, consolidate the intel woman WATERS as her designee. after line 20), add the following new section: community to perform its very critical The CHAIR. The Clerk will designate SEC. 403. REPORT ON POTENTIAL CONSOLIDA- function for the American people. the amendment. TION OF ELEMENTS OF THE INTEL- I urge my colleagues to support the The text of the amendment is as fol- LIGENCE COMMUNITY. lows: Not later than December 31, 2011, the Di- amendment. And again I want to thank rector of National Intelligence shall submit the intel committee, the leadership At the end of subtitle A of title IV, add the to congress a report containing any rec- and all those who provided the work following new section: ommendations the Director considers appro- for this bill. SEC. 403. INSPECTOR GENERAL REPORT RE- priate for consolidating elements of the in- I reserve the balance of my time. CRUITMENT AND RETENTION OF RA- CIAL AND ETHNIC MINORITIES. telligence community. Mr. RUPPERSBERGER. Mr. Chair- (a) REPORT.—Not later than 180 days after The CHAIR. Pursuant to House Reso- man, I rise in opposition to the amend- the date of the enactment of this Act, the In- lution 264, the gentleman from New ment. spector General of the Intelligence Commu- York (Mr. GIBSON) and a Member op- The CHAIR. The gentleman from nity shall submit to Congress a report on the posed each will control 5 minutes. Maryland is recognized for 5 minutes. degree to which racial and ethnic minorities

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3254 CONGRESSIONAL RECORD — HOUSE May 12, 2011 in the United States are employed in profes- My amendment states that, within At the appropriate place in the bill, insert sional positions in the intelligence commu- 180 days after the enactment of the the following new section: nity and barriers to the recruitment and re- bill, the inspector general shall submit SEC. ll. REPORT ON ACTIVITIES OF THE INTEL- tention of additional racial and ethnic mi- to Congress a report on the degree to LIGENCE COMMUNITY IN ARGEN- norities in such positions. TINA. (b) FORM.—The report required under sub- which racial and ethnic minorities in (a) IN GENERAL.—Not later than 270 days section (a) shall be submitted in unclassified the United States are employed in pro- after the date of the enactment of this Act, form, but may include a classified annex. fessional positions in the intelligence the Director of National Intelligence shall The CHAIR. Pursuant to House Reso- community and barriers to the recruit- submit to the appropriate congressional committees a report containing the fol- lution 264, the gentleman from Mary- ment and retention of additional racial and ethnic minorities in these position. lowing: land (Mr. RUPPERSBERGER) and a Mem- (1) A description of any information in the ber opposed each will control 5 min- The amendment requires that the re- possession of the intelligence community utes. port be submitted in unclassified form, with respect to the following events in the The Chair recognizes the gentleman but allows the inspector general to in- Republic of Argentina: from Maryland. clude a classified annex. (A) The accession to power by the military Mr. RUPPERSBERGER. I yield to It is long past time for Congress to of the Republic of Argentina in 1976. the gentlewoman from California, Con- reevaluate the diversity of the intel- (B) Violations of human rights committed by officers or agents of the Argentine mili- gresswoman WATERS. ligence community workforce, and I Ms. WATERS. I thank the gen- urge my colleagues to support my tary and security forces during counterinsur- gency or counterterror operations, including tleman. amendment. by the State Intelligence Secretariat My amendment requires the inspec- Again, I thank the gentleman, Mr. (Secretaria de Inteligencia del Estado), Mili- tor general of the intelligence commu- RUPPERSBERGER, for yielding. tary Intelligence Detachment 141 nity to report to Congress on racial Mr. ROGERS of Michigan. Mr. Chair- (Destacamento de Inteligencia Militar 141 in and ethnic diversity in the intelligence man, while I do not oppose this amend- Cordoba), Military Intelligence Detachment community. ment, I ask unanimous consent to 121 (Destacamento Militar 121 in Rosario), A diverse workforce is essential to claim time in opposition. Army Intelligence Battalion 601, the Army intelligence work. People from a vari- The CHAIR. Is there objection to the Reunion Center (Reunion Central del ety of backgrounds bring a variety of request of the gentleman from Michi- Ejercito), and the Army First Corps in Bue- gan? nos Aires. perspectives to the table to understand (C) Operation Condor and Argentina’s role the world in which we live. A diverse There was no objection. Mr. ROGERS of Michigan. Mr. Chair- in cross-border counterinsurgency or workforce provides intelligence agen- counterterror operations with Brazil, Bo- man, I support efforts to create a di- cies critical insights into different cul- livia, Chile, Paraguay, or Uruguay. tures around the world, where informa- verse workforce within the intelligence (2) Information on abductions, torture, dis- tion about potential threats to our na- community. A diverse workforce is in- appearances, and executions by security tional security is being collected and strumental to effectively respond to forces and other forms of repression, includ- analyzed. the complex global threats faced by the ing the fate of Argentine children born in captivity, that took place at detention cen- Many leading intelligence officials United States. I do have so many concerns that this ters, including the following: understand the importance of a diverse (A) The Argentine Navy Mechanical School workforce. The Web site of the Central amendment is duplicative with many efforts which are already under way (Escuela Mecanica de la Armada). Intelligence Agency includes the fol- (B) Automotores Orletti. within the intelligence community to lowing statement: (C) Operaciones Tacticas 18. ‘‘In order for the CIA to meet our address this issue. (D) La Perla. mission of protecting our national se- For example, section 338 of the Intel- (E) Campo de Mayo. curity interests, we need to employ a ligence Authorization Act of 2010, (F) Institutos Militares. workforce as diverse as America itself, passed after the fiscal year last year, (3) An appendix of declassified records re- viewed and used for the report submitted the most diverse Nation on Earth. Di- requires the DNI to coordinate with each element of the IC to provide a re- under this subsection. versity reflects the unique ways we (4) A descriptive index of information re- vary as intelligence officers. Our na- port of plans to increase the employ- ment and retention of diverse can- ferred to in paragraph (1) or (2) that is classi- tionality, race, ethnicity, gender, age, fied, including the identity of each document didates. Moreover, the DNI has already language, culture, sexual orientation, that is classified, the reason for continuing education, values, beliefs, abilities, and created a strategic plan on equal em- the classification of such document, and an disabilities. These assorted attributes ployment opportunity and issued Com- explanation of how the release of the docu- create different demographic, func- munity Directive 110, the Equal Em- ment would damage the national security in- ployment Opportunity and Diversity terests of the United States. tional, and intellectual views which are (b) REVIEW OF CLASSIFIED DOCUMENTS.—Not so vital to our innovation, agility, col- Program. It is my hope that the inspector gen- later than two years after the date on which lection, and analysis.’’ eral will consider all of these existing the report required under subsection (a) is And I really do think that says it all. submitted, the Director of National Intel- Unfortunately, there is virtually no initiatives in the report and use the ligence shall review information referred to data available to Congress and the pub- substantial body of work that has al- in paragraph (1) or (2) of subsection (a) that lic regarding the degree of racial and ready been done on these issues in com- is classified to determine if any of such in- ethnic diversity in the intelligence pleting it. formation should be declassified. Nonetheless, I will support the (c) FORM.—The report required under sub- community. The most recent publicly amendment and its laudable goals. section (a) shall be submitted in unclassified available report that discusses this I yield back the balance of my time. form, but may include a classified annex. subject is a 1996 report by the Govern- Mr. RUPPERSBERGER. I yield back (d) APPROPRIATE CONGRESSIONAL COMMIT- ment Accountability Office on per- TEES DEFINED.—In this section, the term the balance of my time. ‘‘appropriate congressional committees’’ sonnel practices at intelligence agen- The CHAIR. The question is on the cies, which focused on equal employ- means the Permanent Select Committee on amendment offered by the gentleman Intelligence and the Committee on Appro- ment opportunity practices. from Maryland (Mr. RUPPERSBERGER). priations of the House of Representatives The report concluded that intel- The amendment was agreed to. and the Select Committee on Intelligence ligence agencies have workforce diver- AMENDMENT NO. 7 OFFERED BY MR. HINCHEY and the Committee on Appropriations of the sity programs, but results lag far be- The CHAIR. It is now in order to con- Senate. hind other Federal agencies. This re- sider amendment No. 7 printed in The CHAIR. Pursuant to House Reso- port was written more than 5 years be- House Report 112–75. lution 264, the gentleman from New fore the terrorist attacks of 9/11 and 15 Mr. HINCHEY. I have an amendment York (Mr. HINCHEY) and a Member op- years before the death of Osama bin at the desk. posed each will control 5 minutes. Laden. Needless to say, both the intel- The CHAIR. The Clerk will designate The Chair recognizes the gentleman ligence community and the world in the amendment. from New York. which it operates have changed tre- The text of the amendment is as fol- Mr. HINCHEY. Mr. Chairman, in 1976, mendously since then. lows: amid social unrest and a deep political

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3255 crisis in Argentina, a military coup in- The CHAIR. The gentleman is recog- But the fact of the matter is that there stalled one of the cruelest dictator- nized for 5 minutes. are no significant costs involved in ships South America has ever seen. Il- Mr. ROGERS of Michigan. I must un- this. This operation has been looked at legal detentions, torture, and summary fortunately oppose this amendment. in the past. The information that we executions of dissidents became rou- I certainly can sympathize with the are asking for in the context of this tine. Cross-country operations to cap- gentleman’s intention to try to bring amendment is readily available. It is ture and assassinate dissidents were or- some closure for families in this par- not going to take any significant costs ganized by Argentina in cooperation ticularly difficult issue in Argentina, whatsoever and it can be done very, with Southern Cone military regimes and it may certainly result in some in- very quickly. in what is known as Operation Condor. formation to those who are conducting This is a situation that really needs Over the years, as the victims of the maybe historical research and analysis to be corrected. It is a violent, deeply repression increasingly went missing, a and certainly to mend the wounds that disturbing activity that took place in new tactic of the Argentine security have been created in this particular the context of many, many families, forces was revealed. It is estimated situation. many of whom are completely inno- that 30,000 people disappeared in Argen- It would also do something, I think, cent, and the effects of that were in tina between 1976 and 1985. Many of equally damaging to today’s effort in many cases deeply disastrous. these victims, known as ‘‘the dis- the war on terror. It would divert the This is something that can be done appeared,’’ were abducted. They were intelligence community from its mis- easily and can be done quickly, and it tortured and then dropped far out into sion of protecting the United States was supported by the opposition almost the ocean. and our interests from current threats. unanimously—in fact, unanimously— During the dictatorship, hundreds of When you think about how difficult it the last time that this bill came up and children were born into captivity and was to take a small piece of informa- this amendment was brought forward. distributed to members of the Argen- tion and stretch a nickname, an Arabic So I ask the opposition here to recon- tine security forces, while their moth- nickname applied to someone who is sider this. Think closely about this, ers are believed to have been killed. using an alias, who is likely associ- how important this is, how signifi- b 1600 ating with individuals who had Arabic cantly important it is for Argentina nicknames associated to aliases, and The identity of some of these chil- and for the United States, and how it from that little scrap of information, dren has been discovered, but the ma- can be done readily and easily, and how the entire intelligence apparatus spent jority of their identities and where- the results of it being done would be abouts remain unknown. My amend- years trying to develop the right lead happily taken care of by these two ment seeks to shed light on the un- to lead us to last Sunday’s event to countries. There isn’t anyone who is known fate of these children, who bring Osama bin Laden to justice. going to deeply object to this, anyone This year, the intelligence commu- would be now in their twenties and who is significant at least in the con- nity came forward and said, We need early thirties. text of this operation who is going to more analysts. We need more human Given the close relationship with deeply object to this. resources in order to accomplish this their Argentine counterparts in the in- We need to do this. It is an honest mission. There are too many threats in telligence, security and military com- thing and it is something that is going too many places for our people to han- munity, the documentation of the to be positive. It will be deeply positive dle it. And what this amendment does, American intelligence community is and effective for us in the context of although it is very well intended, it likely to contain invaluable informa- bringing this about. So I hope that ev- takes resources away to apply it to a tion to support renewed justice inves- eryone in this body will recognize the problem that is 20 to 30 years old. I am tigations and the search for the chil- significance of this and vote in favor of sorry, we just don’t have that luxury dren of ‘‘the disappeared.’’ it. This amendment that I am offering today. The CHAIR. The time of the gen- We are concerned, the intelligence would direct the Director of National tleman has expired. community is concerned that the next Intelligence to report to the House and Mr. ROGERS of Michigan. Mr. Chair- few months, the next 6 months are cru- Senate Intelligence panels on informa- man, again, with deep respect to the cial when al Qaeda is trying to get its tion it has regarding the human rights Member from New York, and I appre- act back together after losing its oper- violations of the military government ciate your passion on this, I can tell ational and inspirational leader and in Argentina and also seeks to help you as a former FBI agent, when you how they reach out or lash out in some shed light on the unknown fate of the take 1 minute away from your case to kind of an attack. It is imperative that Argentine children who were born in cull information, it does take some- captivity. The amendment instructs every minute of every day be spent tar- body who is operational in some sense, the DNI to include an appendix of de- geting those who are seeking to kill either an analyst or an operator or classified documents used for the re- Americans or our allies overseas now. even on the IT front, to gather, collect, port and gives the authority for the in- I hope that we find some other alter- sort that information, to go through it, clusion of a classified annex. native to what the gentleman proposes Thousands of families have waited in maybe another way. But redirecting to put it in the proper form and to get more than 30 years to learn the fate of the valuable assets in the fight on ter- it in the right place. their loved ones, and today we have an ror today I just think is a misuse of our Really, every minute of every day is opportunity to make a significant con- resources and may, in fact, be a dan- so precious to these individuals who tribution to truth and justice and help gerous one at that. This is not the time are trying to focus on al Qaeda and the bring to a close this troubling chapter to be disrupting our counterterrorism current threat. My argument is that in Argentina’s history. analysts, our case officers, or anybody this is something that can wait. It has In 2008, this amendment was made in in the CIA or other intelligence agen- waited 25 years. Probably the next few order by the Rules Committee and cies away from disrupting, dismantling years won’t make a difference, but the agreed to on the House floor without and defeating al Qaeda and other ter- next few years in the fight against al objection from either party by voice rorist organizations for the activities Qaeda can mean the life and death of vote. At that time, my dear friend and of the Government of Argentina nearly U.S. citizens. colleague Peter Hoekstra said, ‘‘I will 25 years ago. So, again, I hope the gentleman not oppose this amendment, Mr. Chair- I reserve the balance of my time. doesn’t think it is any condemnation of man. I will support the amendment.’’ Mr. HINCHEY. Mr. Chairman, how his effort. I think the time and the So I urge all of us to join in sup- much time do we have remaining? place and the resources that would be porting this contribution to truth and The CHAIR. The gentleman from lost are just not meeting the national justice in the country of Argentina. New York has 2 minutes remaining, security priorities as we look out I reserve the balance of my time. and the gentleman from Michigan has 3 across what the threat stream is today. Mr. ROGERS of Michigan. Mr. Chair- minutes remaining. So, unfortunately, I will continue to man, I rise in opposition to the amend- Mr. HINCHEY. Mr. Chairman, I deep- oppose it. I would like to work with the ment. ly appreciate what has just been said. gentleman on something in the future.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3256 CONGRESSIONAL RECORD — HOUSE May 12, 2011 I yield back the balance of my time. fered this amendment directing the in- ing it in the TSA. If the gentleman The CHAIR. The question is on the telligence community to include rail would like any help and assistance in amendment offered by the gentleman and subway transit security in its doing that, I would be eager to try to from New York (Mr. HINCHEY). transportation security plans and help the gentleman do that. The question was taken; and the budgets. Again, given the time pressures on Chair announced that the noes ap- The 9/11 Commission report found our intelligence community to stop peared to have it. that over 90 percent of the Nation’s an- real-time threats and pass that infor- Mr. HINCHEY. Mr. Chairman, I de- nual investment in transportation se- mation on to people in the TSA and mand a recorded vote. curity is spent on aviation security. others, I would argue that this is an The CHAIR. Pursuant to clause 6 of While addressing security vulnerabili- amendment that we should all oppose rule XVIII, further proceedings on the ties within aviation is critical, this al- and look for a better opportunity. amendment offered by the gentleman location leaves too little for surface I reserve the balance of my time. from New York will be postponed. transportation security, particularly Mr. CARNEY. I would just like to AMENDMENT NO. 8 OFFERED BY MR. CARNEY on our rail systems. add that I listened to the gentleman The CHAIR. It is now in order to con- ‘‘For now, riding trains is safe.’’ and I appreciate his comments. I lis- sider amendment No. 8 printed in That’s how Transportation Secretary tened to his remarks earlier on the pre- House Report 112–75. LaHood described the state of our rail vious amendment, and he said that the Mr. CARNEY. Mr. Chairman, I have system in light of the intelligence intelligence agencies spend all their an amendment at the desk. found in Osama bin Laden’s compound. time, every waking hour, targeting The CHAIR. The Clerk will designate But we need to do better than that. As people trying to kill Americans every the amendment. a near daily rider of Amtrak myself, I day. The facts are that these terrorists The text of the amendment is as fol- want to know that the United States are trying to kill Americans on Amer- lows: Government is doing all it can to keep ican rail transit systems. And that’s At the end of the bill, add the following my fellow passengers safe. I urge my the purpose of this amendment—to new title: colleagues to support this amendment make sure that this is given a priority so that our intelligence community is TITLE V—OTHER MATTERS in our intelligence plans. able to identify and prevent a terrorist With that, I yield such time as he SEC. 501. SENSE OF CONGRESS REGARDING THE attack on our rail system. PRIORITY OF RAILWAY TRANSPOR- may consume to the ranking member, TATION SECURITY. I reserve the balance of my time. the gentleman from Maryland (Mr. Mr. ROGERS of Michigan. Mr. Chair- It is the sense of Congress that— RUPPERSBERGER). man, I rise in opposition to the amend- (1) railway transportation (including sub- Mr. RUPPERSBERGER. I thank the way transit) should be prioritized in the de- ment. The CHAIR. The gentleman is recog- gentleman for his amendment. velopment of transportation security plans I disagree with the chairman. I be- by the intelligence community; and nized for 5 minutes. (2) railway transportation security (includ- Mr. ROGERS of Michigan. While I lieve it’s vitally important that we ing subway transit security) should be in- agree with the need for strong security protect our railway infrastructure cluded in transportation security budgets of in the railway sector, I just don’t be- from terrorist attacks. Just last week, the intelligence community. lieve this amendment is best suited for the Department of Homeland Security The CHAIR. Pursuant to House Reso- the Intelligence authorization bill, as issued an intelligence message about lution 264, the gentleman from Dela- it seems to address the policy issues potential al Qaeda contemplation in ware (Mr. CARNEY) and a Member op- that are not authorized or otherwise February 2010 of plots against the U.S. posed each will control 5 minutes. addressed in the FY11 Intelligence au- rail sector. The Chair recognizes the gentleman thorization bill. The intelligence com- While there was no imminent threat from Delaware. munity does not have transportation at that time, we must remain vigilant. It’s important that we devote resources b 1610 security plans or transportation secu- rity budgets, nor do individual intel- to this issue. I hope that we could work Mr. CARNEY. Mr. Chairman, over ligence community agencies. In order together with the chairman if the the past week, officials have announced to meet the requirement of this, they amendment does not pass so that we that preliminary intelligence gathered would have to restructure themselves can focus on this serious area of threat from Osama bin Laden’s Pakistan hide- to bring in the right people to do the to our national security. out shows that al Qaeda had been plot- plans for security for the railway. I I urge a ‘‘yes’’ vote on this amend- ting a terrorist attack on our Nation’s don’t think that’s what the gentleman ment. rail system. While roughly 1.7 million intends, but that’s clearly what the Mr. CARNEY. Mr. Chair, how much passengers ride on domestic and inter- gentleman’s amendment would do. time do I have remaining? national flights daily, every weekday I would argue that this amendment The CHAIR. The gentleman from 34 million Americans ride on trains and would be better focused on the Trans- Delaware has 11⁄2 minutes remaining. transit systems. The issue of rail secu- portation Security Administration, or Mr. CARNEY. Mr. Chair, I would just rity is more relevant now than ever. TSA. That agency, however, falls under like to add a few more things before And I’m here today to argue for mak- the jurisdiction of the Homeland Secu- finishing up here. Between 2004 and ing rail security a national intelligence rity Committee and not the Intel- 2008, there were 500 terrorist attacks priority. ligence Committee. The intelligence waged worldwide against mass transit On March 11, 2004, nearly 200 people community does not develop transpor- and passenger rail targets, resulting in were killed in Madrid as a result of a tation security plans. Rather, the in- over 2,000 deaths and over 9,000 inju- terrorist bombing while riding the telligence community, through DHS, ries. Five billion passenger miles, commuter rail to work. In 2005, over 50 provides threat information to the intercity and commuter rail, are people were killed and 700 injured on transportation sector to better enable logged every day in the northeast cor- the London transit system in a series it to develop security plans. ridor alone here in the U.S. That rep- of explosions during the morning rush Additionally, I note that this amend- resents more than one-third of the hour. An attack on our rail system ment simply expresses the sense of the daily vehicle miles logged on I–95 be- here in the United States would be dev- Congress on the issue. It does not actu- tween Washington, D.C. and New York astating. It would almost certainly re- ally compel any action. I would ques- City. sult in the loss of life. tion the real improvement to security My amendment will ensure that the Clearly, terrorist organizations on the railway sector from its adoption U.S. Government places a priority on around the world have made rail sys- because, again, it appears that the ensuring the safety of rail passengers tems a target. I strongly believe that amendment would not have a real im- around the country by working to pre- we need to address the vulnerabilities pact. This is really out of the scope of vent a terrorist attack on our rail sys- in our rail system by ensuring that rail the intelligence community. tem. And I would ask support for this security is one of our Nation’s top in- I would urge the gentleman to recon- amendment. telligence priorities. That’s why I of- sider and contemplate maybe address- I reserve the balance of my time.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3257 Mr. ROGERS of Michigan. Again, I b 1620 little or no education has very little appreciate both of the gentlemen’s per- Mr. ROGERS of Michigan. Mr. Chair- opportunity to find economic security. spectives on this, but this is about the man, I move that the Committee do It’s difficult to get a job if you don’t right tool for the right job. The intel- now rise. have an education. So for an indi- ligence community is the one that’s The motion was agreed to. vidual, a good education is essential. supposed to develop the intelligence, Accordingly, the Committee rose; Unfortunately across America, report the threat stream, the lead, and pass it and the Speaker pro tempore (Mr. after report, usually every 6 or 7 years a new report comes out and says Amer- to somebody who is in charge—the TSA BENISHEK) having assumed the chair, ica at Risk. Our education system isn’t in this case—of protecting the trans- Mr. YODER, Chair of the Committee of portation sector. the Whole House on the state of the measuring up. Yet here in the last 3 Again, I make the argument it is im- Union, reported that that Committee, months and in the days ahead, my col- portant, but I just think this is mis- having had under consideration the bill leagues on the Republican side have placed. The intelligence community (H.R. 754) to authorize appropriations consistently cut the education pro- would have to try to create this exper- for fiscal year 2011 for intelligence and grams that many, indeed millions of tise, which they do not have today in intelligence-related activities of the Americans depend upon. Back home in my State of California, the entirety of the intelligence com- United States Government, the Com- education funding is similarly cut, so munity, to make security plans. This is munity Management Account, and the that now a class that 5 years ago was 20 not what they do. It’s not what they’re Central Intelligence Agency Retire- students is now 30 students. At the equipped to do. They are not, in most ment and Disability System, and for University of California, 10 years ago it cases, with the exception of the FBI other purposes, had come to no resolu- may have cost $1,500 or $2,000 to go to and DEA, they’re not domestic agen- tion thereon. cies. They’re agencies that are de- school to pay the tuition. Now it’s signed to collect overseas. So it is just f $8,000. And in the budget that’s being not a good fit. MAKE IT IN AMERICA proposed that was presented to the Ap- propriations Committee today, the Re- Again, I appreciate the gentleman’s The SPEAKER pro tempore. Under publicans are virtually reducing to a position. I just think the community the Speaker’s announced policy of Jan- point of nonexistence Pell Grants nec- would have to spend a lot of time and uary 5, 2011, the gentleman from Cali- essary for higher education. resources diverting from its real inten- fornia (Mr. GARAMENDI) is recognized So education becomes the first key tion and mission to keep us safe. for 60 minutes as the designee of the pillar in building a secure economy for Just quickly and just for the record— minority leader. an individual. Similarly, it is the pillar I think it’s important—the information Mr. GARAMENDI. Mr. Speaker, we to secure a good growing economy for that the gentleman referenced was as- just finished a very important debate this Nation, because this Nation will pirational. We saw a lot of press re- here on the floor dealing with the abil- not be able to compete economically ports that I think misrepresented the ity of the American Government to un- unless we have the best educated work- information that was provided. It was derstand the threats that face us force in the world, and we’re not even something that Osama bin Laden across this world. I want to commend close today. We were in bygone years, thought about. It is not something that my colleagues both on the Republican 30, 40 years ago, and we can be in the the intelligence community believes and Democratic side for working long future, but it’s going to take a change. was operational, which means you have and hard on the intelligence legislation As my colleagues come and join me to be vigilant all the time on all these that will be up on the floor, probably during this hour, we will be talking issues. tomorrow. about the ways in which the education So I commend the gentleman in his In the hour ahead, what I would real- system can be improved and the way in effort on trying to bring better secu- ly like to focus on and bring to the at- which we can transition people from rity to our railways. Again, just the tention of the American people is the education to work and back to edu- right tool for the right job. This is not necessity for jobs. We spend a lot of cation and back to work. the right place. Unfortunately, I will time talking about security, as we The second pillar is research. Re- oppose it but would like to work with should, and we’ve certainly seen that search is an essential element, because the gentleman on the right place to get in the successful effort to bring down from that research comes the new the job done. bin Laden and finally see that justice products of the future. I think we only I yield back the balance of my time. was properly served. Congratulations need to think about the things that are The CHAIR. The gentleman from to the military, to the intelligence in our home. The television, the VCR, Delaware has 30 seconds remaining. community, and particularly to Presi- the other things that we depend upon, Mr. CARNEY. I certainly thank the dent Obama for his courage in ordering were mostly invented in America. The gentleman and appreciate his com- that action, risky to be sure, but ulti- fundamental research for computer ments and certainly respect his exper- mately extraordinarily successful. chips and the like, America made, and tise. But I can’t imagine that the intel- The other part of American security much of the technology that we now ligence agencies aren’t, as they’re is our economy. At the end of the day find in our green technology, a lot of doing their activities—intelligence ac- and even at the beginning of the day, the wind turbines, the initial wind tur- tivities overseas—aren’t finding out this Nation will never be secure unless bine industry, the solar industry, the that there are threats to the U.S. rail we have a very strong, vibrant, grow- photovoltaic and the rest, research in system. My amendment would just ing economy that provides every Amer- America’s great institutions, our uni- make that a priority within all the ican that wants to work with the op- versities, our laboratories, led to these things that they do. portunity to go to work. And so the kinds of products. The battery tech- focus of our attention for this hour I yield back the balance of my time. nology that we now find in the hybrids, ahead is economic security: how to se- invented in America, but I think most The CHAIR. The question is on the cure the economic well-being of every of you would say, but not made in amendment offered by the gentleman American, how to secure the economic America today. That’s true. So what from Delaware (Mr. CARNEY). well-being of the American public. It we have seen is that the research, The question was taken; and the can be done. while done in the United States, did Chair announced that the noes ap- There are essentially six elements to not lead to those things being manu- peared to have it. achieve economic security and eco- factured in the United States. We need Mr. CARNEY. Mr. Chairman, I de- nomic growth and strength, and we to understand why, and we’ll go into mand a recorded vote. will cover many of those today as we that today, also. The CHAIR. Pursuant to clause 6 of talk about this issue. Let me very So education, research, and then the rule XVIII, further proceedings on the briefly lay them out to you. third element is making those things amendment offered by the gentleman The first is education. I think we now in America. Manufacturing matters, from Delaware will be postponed. understand that an individual who has and that is the core subject of today’s

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3258 CONGRESSIONAL RECORD — HOUSE May 12, 2011 discussion: Make it in America. You about here. Sometimes it’s helpful to lion a year. I think you can go as high can educate, you can research, but ulti- put up one of these placards. It helps as $12 billion if you add up all of the mately you have to make it in Amer- focus at least my attention and per- subsidies, bringing that money back ica. haps yours. This is the Make It in into the Treasury to be used to reduce Now, there are ways that we can en- America Agenda. These issues we’ve the deficit and to support industries of hance the American manufacturing talked about, trade, tax policy, energy the future. We’re talking about a lot of sector, and my colleagues and I on the policy. Let’s pick up the energy policy money here. Take a look at this. Democratic side have put forth a pro- here. ExxonMobil, $10.7 billion of profit in gram that we called Make It in Amer- It is incumbent upon America to se- just the last quarter. Oxychem, $1.6 bil- ica, so that America can make it, so cure its energy future. I think all of us lion. Conoco, $2.1 billion. Oh, you’re that American families can make it, go to the gas station from time to going to love this. The CEO of Conoco and we know that these programs that time, all too often it seems to me, and oil a couple of days ago got in front of we’re proposing will cause that to you know now we’re filling up with $4 a microphone and said it is un-Amer- occur. a barrel oil. Why? Why did that hap- ican to take away our welfare, to take b 1630 pen? Well, it basically has happened be- away our subsidy. I don’t think so. I cause for more than 30 years America The remaining three things that we think it is un-American to give the has talked about energy security. will talk about, not today, but I want wealthiest industry in the world a sub- We’ve talked about ending the impor- to make sure we lay them out there: sidy. We can go on and on here. We see tation of oil. We’ve talked about how Education, research, manufacturing, Chevron doing very well. Oh, yeah, make it in America, the next element we can provide the energy necessary BP—we know that bunch. They’re the is infrastructure. You have to have for this Nation. Yet, we now find our- ones that didn’t have enough money to roads and streets and sanitation and selves in a situation very similar to safely drill for oil, but they did manage water systems, communications sys- what we found in the 1970s, that is, in- to make $7.2 billion of profit this last tems. All of those things are critically sufficient energy available to us. The year. important. Fortunately, part of the ‘‘Drill, baby, drill’’ mentality that we So, as we look at the energy systems stimulus program, not enough of it, saw on the floor today is not the solu- of this Nation, we need to understand but a big part of it was to build the in- tion to this. that the money that you and I are pres- frastructure. The largest surge in in- The solution to the energy issue is to ently giving to the oil companies as a frastructure investment ever in the transform our energy systems from the subsidy needs to be brought back and history of this Nation was the stimulus 19th and 20th century energy system, used to reduce the deficit and to sup- program, overlooked and certainly the fossil fuels, where we are dependent port the energy systems of the future. overlooked in the politics of last year’s upon the petrol dictators of the world, I’m going to wrap this very quickly election, but it was there. It was a good and on coal, which I think all of us with 2 pieces of legislation that I’ve in- point, but we have to carry that for- have come to understand presents troduced that would take those sub- ward. enormous challenges for us, challenges sidies back from the oil industry and Fifth point. We have to be inter- of climate change, challenges of de- apply them to tomorrow’s energy sys- national. Unfortunately, the word spoiling the surface of the Earth as we tems, the green energy systems, solar, ‘‘international’’ in America has come now find in the Appalachian Mountains wind. Our tax money should be used to to be that we give it all away. The and enormous health risks that come buy American made solar, wind, tur- trade agreements of the past often led with the burning of coal. We need to bines, and other green technologies. to the outsourcing of American jobs, move away from these fossil fuels to Right now, our tax money, we do sub- and so, as we look to the future, we the fuels of tomorrow. sidize those industries. Our tax money want to make sure that as we look As we do that, we need to use our tax is used to purchase products that are international we talk about, as Presi- dollars to accomplish this goal. Right manufactured offshore. My legislation dent Obama has suggested, that we now, our tax dollars are used to sup- says, good, we need to subsidize. We once again become an export Nation. port the oil industry. The oil industry need to promote those industries. We can do that. There are programs thinks that is all well and good, but Those are the industries of the future. that will cause that to happen, and how many of you want to have $4 bil- Those are energy sources of the future. also, we need to be quite sure that lion, $5 billion, $6 billion, even $12 bil- Let’s use that money to buy American- when we talk about international we lion of your tax money go to the made equipment. talk about fair trade, trade that is fair wealthiest, most successful industry in If somebody wants to go buy Chinese to American workers. the world as a subsidy? This is oil wel- solar cells, fine, use your own money. And so as these trade programs come fare, plain and simple, to the industry One of these companies wants to go before us, we will be taking a very hard that simply does not need it. We’re buy European-made wind turbine, that look at are those programs good for talking about the wealthiest, most suc- is fine, do it. But don’t use my tax American workers, or are they simply cessful industries in the world that money. Don’t use your tax money. good for Chinese workers. If they are have, for a century, for a full century, American tax money must be used to good for those workers overseas and enjoyed the generosity of the American buy American-made equipment. not good for American workers, you taxpayer. They receive welfare. Plain Similarly, with our gasoline taxes can see strong resistance from those of and simple, it’s a subsidy, to subsidize that are now being used to buy buses, us on the Democratic side who say, the oil industry. trains, and build highways and bridges, wait a minute, international is good. Yet we know in the last few days the great. Good thing to do, but make sure We understand the need to grow mar- Big Five oil companies have produced that those things are made in America. kets. We understand the growing mar- record profits in the last quarter. So 1640 kets of the world, but we will no longer much so that in the last decade, the b allow American workers to be put at a decade 2001 until 2010, the oil industry Now let me turn my attention to my disadvantage by some trade agreement has had over $1 trillion of profit, $1 colleagues. Three of them have joined that is not fair to American workers. trillion dollar of profit. At the same us. I notice that our minority whip has The final element is this: we have to time, they have received billions of joined us today. change. We cannot be what we were dollars of subsidies. We need to bring Mr. HOYER, you’ve been the advocate, yesterday. We have to be what we can those subsidies back into the Treasury. the leader, of developing the Make It in be tomorrow, and our President very Tell the oil industry, for a century you America strategy. Please share with us clearly points this out as he talks have been living off the welfare of the your thoughts, and then I’m going to about capturing the future. We can but American public taxpayer. No more. turn to my other two colleagues. only if we do these six things, and the That money is coming home. Mr. HOYER. I’ll be very brief. final one is change. And we’re going to use it for two pur- I thank the gentleman for his con- Let me go now to a couple of the spe- poses: one, to reduce the deficit. Presi- tinuing focus. If I am the corner of the cific elements that we need to talk dent Obama has suggested about $4 bil- phrase and the focuser of Make It in

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We’ve got to have a country but all over the world, have much, Mr. Leader, for what you’ve growth agenda in America. We’ve got done this in the past: for instance, done. Mr. HOYER, you’ve been on this, to have an agenda in America that fo- when the prices of gasoline were not actually, longer than I. You have some cuses on expanding opportunities. such that they provided the resources history in this House that goes way We’ve got to have an agenda that gives to encourage research, which we knew back. I think about a program that you to Americans the sense that they and we needed, and drilling, which we knew and the Democrats put forward before I their families and their children can we needed. arrived. I’ve only been here now about make it in America. Yet now, when you have the profits 20 months. It was the stimulus bill, the You have been focusing night after of the product, I am shocked, frankly, American Recovery Act. night, week after week, month after that those who promote the free mar- In that Recovery Act, there was month on a jobs agenda, which we call ket system, which ought to be driven about $12 billion for transportation. In ‘‘Make It in America.’’ We’ve intro- by the markets, driven by demand, that transportation program, you and duced over 25 bills that are focused on driven by profits, would now say, not- the Democrats, signed by President trying to help us focus on that agenda, withstanding the fact that oil profits Obama, said that the money had to be on trying to help business—small, me- among the Big Five, in particular, are spent—and this was the high-speed rail dium and large—expand their busi- up to historic levels, that we should program—on American-made high- nesses and on trying to give them as- still continue to ask our taxpayers to speed rail. sistance in doing so. subsidize them even further. That Guess what happened? I want to say to the gentleman that, seems to me to make no sense. Of the high-speed rail companies of in his continuing to focus on this jobs But back to the principal focus of the world—none were made in Amer- agenda, it is critically important that making it in America: The gentleman ica—the Japanese, the Chinese, the Americans understand what the Make has been so right in his focus of mak- Germans, the French, and the Spanish It in America agenda is all about so ing sure that we create the kind of en- all began to find American manufac- they can contact their Members of vironment in this country that will turing plants because they wanted ac- Congress and Members of the United empower people to make things in cess to the high-speed rail money that States Senate and say, Look, we sup- America, to grow things in America, to was in the stimulus bill. port the Make It in America agenda. sell them here, but also to sell them The point here is that, if we use our We believe that it’s an agenda for our around the world. The President has tax money wisely and say to the world opportunities and our children’s oppor- indicated he wants to double exports. ‘‘come and build a high-speed rail, but tunities. The only way we’re going to double ex- you’re going to make it in America,’’ I want to say something about the ports is if we make things in America they will establish those manufac- statement, to which the gentleman re- to sell overseas. That’s the only way turing plants here in America. It’s al- ferred, made by the president of Con- you can get exports whether they be ready happening. In Sacramento, Sie- oco, a statement that apparently indi- goods, frankly, or services. We ought mens, and in New York, a couple of the cates he believes that his company is not to preclude the growth of the serv- European companies are already locat- entitled to a tax preference and that if ice sector in our economy servicing ing those manufacturing plants. we did not give that tax preference overseas, whatever that service agency SHEILA JACKSON LEE, from the great that somehow it would be un-Amer- might be. State of Texas, has now joined us, and ican. Of course, life, as I like to say, is So I want to thank the gentleman for she has been on this issue for a long a series of trade-offs: if we’re buying continuing to keep the focus on an time. things; national defense; defeating ter- agenda that, I hope, our Republican So, if you would, share with us your rorism; making sure our seniors are se- colleagues will embrace as well. This is thoughts on how America can make it cure in their pocketbooks and in their not a partisan agenda. I don’t think by making it in America. health; making sure that we partici- there is a Member of this Congress who Ms. JACKSON LEE of Texas. I thank pate in helping young people, particu- doesn’t want to grow the economy and the gentleman from California. larly disadvantaged young people, get create jobs. We believe that the Make If it were allowed on the floor, I the educational start that they need; It in America agenda is focused on would say, ‘‘Yippee,’’ but I will try to making sure that our college students doing just that, and I would encourage adhere to protocol or take a lariat and can develop their talents so they can our Republican colleagues, our Demo- circle it around out of excitement. make us a more competitive Nation; cratic colleagues, our brethren in the and that the innovation, an innovation Senate to join together to pass this b 1650 to which the gentleman referred ear- Make It in America agenda so we can Thank you very much for the years lier, will still be done in the United see a resurgence of the manufacturing of tenure and leadership that you States. Then we need to make sure might of this great country that when brought from the legislature in the that the products and technologies we continue to be the inventing, inno- State of California. You brought it that are developed through that enter- vative, developing center of the world’s here with a sense of action, and we prise are, in fact, then subject to a economy that we also, once we’ve done thank you. I am delighted that our Make It in America reality. all that, then bring it to scale, or make Democratic whip has been at the fore- As for the gentleman from Conoco, I it in America. front of this issue. And the gentleman don’t know him, but I applaud the oil Andy Grove of Intel, as you know, from Rhode Island—I know others may companies, and we need the energy has observed that if, in fact, what we be coming—is a mayor, a former mayor that they give us. The fact of the mat- continue to do is do the voltaic cells, who understands the importance of ter is we gave subsidies, and we give do the chips, do the other technologies jobs. subsidies in various areas, as the gen- and if we then take the products to Let me just say, to add to your com- tleman from California knows, to en- scale overseas, inevitably, Andy Grove ment, both President Clinton and courage doing things that are not now believes—and I share this view—that President Reagan have quotes that profitable but that will have a long- our inventors, innovators and devel- suggest that if you build infrastruc- term payoff for not only the companies opers, themselves, will go overseas. ture, it is an investment that will con- but for America. That is why the gov- The American public, by large num- tinue to give and give and give. Since 9/ ernment invests its money, as govern- bers, understands that that’s not a pol- 11, my good friend, I have been on the ments all over the world do, in devel- icy that is defensible or profitable for Homeland Security Committee, and

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It befuddles ican people now with the capture and tual Property Committee on Judiciary, me as to why my colleagues on the Re- demise of Osama bin Laden still are and every time I have a hearing in that publican side just don’t seem to get the concerned about our security but, in committee, I say that this is the work message. We passed a tax bill last year actuality, believe that our troops can of the 21st century, protecting the ge- that ended the subsidy that inter- come home completely. I hope that we nius of America, and it’s a lot of them. national, multinational companies can move in that direction. This is not It’s unbelievable the inventors who are were given to off-shore jobs. $12 billion a Republican issue or a Democratic here. I want them to know that there is a year of our tax money was given to issue. Seventy percent of the American some value of first to file to protect these huge American companies when people frankly believe our troops have their product. they off-shored jobs. What was that all done an enormous tribute to them- And lastly, what you have been talk- about? I still haven’t found out where selves and to the American people. ing about, the idea of redoing our infra- that law came from. But it was in the What does that mean? It means structure. A good friend of ours who Tax Code, and American companies bright young men and women are going served as the chairman of the Trans- were taking advantage of that tax re- to be coming home. And let it be portation Committee was such a lead- duction, tax subsidy, corporate welfare known that they will not just come er, a distinguished gentleman from to send jobs overseas. We passed a bill. home in need of health services. They Minnesota. He, in the course of his It’s over. The President signed it. Not will come home eager to participate in service in the last couple of years, had one of my Republican colleagues voted the American Dream. And, frankly, I a bridge collapse in that State. He kept for that. I don’t understand. I’m befud- want to make sure they can do that, saying over and over again, Build infra- dled by their lack of support for Amer- and I want to make sure we end the structure and you’ll put America to ican companies who want to keep jobs war in Afghanistan. work. here. Apparently they’re willing to But I believe we have, as you have I wanted to capture these words as a support American companies that want mentioned, the tools of the trade. I see mandate, as an instructive vision that to send jobs offshore. Anyway, one this word ‘‘trade,’’ and some of us get a the Democrats have captured. And the small example. little nervous about that. But let me only thing we need are partners. The I wonder what it’s like to be the tell you how I explain trade. I want President has already shown his mayor of the largest town in Rhode Is- every item that can be sold overseas to proudness and his ability to put dollars land. It was probably an enormous ex- someone else from the United States to to make jobs and to build infrastruc- perience. And then to bring that expe- be sold. I have taken to inventorying ture. I have seen public housing go up. rience here to the floor of the Congress the manufacturers in the 18th Congres- I have seen roads being improved, and to the committees and to share sional District in Texas. And if I dams, bridges, and of course, light rail with us all of that down-home, on-the- might, if you are listening, call (713) and high-speed rail. So we’ve got the ground experience of bringing jobs to 655–0050 and let our office know you right thinking. the community. exist, that you make something in the And I don’t want to stop without just Mr. CICILLINE, if you would care to 18th Congressional District in Texas. adding this point: There’s not one of us share with us some of that experience And I would venture to say that my that does not have the consciousness in the legislation that you’ve brought colleagues will tell you call them or and the sense to recognize that we to us. get on their Web site, because we want must have responsible spending and re- Mr. CICILLINE. I thank the gen- you to be able to sell it overseas. sponsible reduction. I take great of- tleman from California for his leader- Make It in America is to recognize fense to anyone who suggests that I am ship on Making It in America, and I the validity of the product you have opening the treasure chest and throw- certainly thank our leader, Mr. HOYER, made. We want to make sure that there ing money to the wind. I believe that for making this a priority. are taxes that are fair to manufactur- education is valuable. Infrastructure is I think we all realize the single big- ers. I am in the Manufacturing Caucus. valuable. But there are ways that we gest responsibility that we have is to We want to generate it. Energy means can reasonably, down the road, as get the American people back to work. all kinds of energy, and I will dwell on Mark Zandi has said, begin our belt I know in my home State, families are that very lightly. But I am a person tightening. But we have to recognize hurting. With one of the highest unem- who is an equal opportunity welcomer that the debt ceiling is not for the ployment rates in the country, our sin- of solar and biofuels and a number of State of Texas or California—it is to gle greatest responsibility is to do ev- other energy types to join in energy. help this Nation—but we do it sensibly. erything we can to get people back to Labor, I have already said to you, I I hope we can do a clean one, by the work. And I’ve been disappointed that am trying to bring our soldiers home. way. But the point is that Make It in we’ve been here for 5 months and there But there are young people graduating America is an engine of job creation. hasn’t really been, from our friends on from college in 2011. They were at my And I just want to thank the gentle- the other side of the aisle, a jobs agen- town hall meeting, to my distinguished men for constantly bringing us to the da, jobs legislation. And I’m really friend, and they asked me about work. floor, giving us the opportunity, of pleased that we on the Democratic side And I said to them that we in this Con- course, to do as the Boy Scouts may have put forth a very ambitious but gress are working to provide jobs for have done and to recite these words: very important agenda of Making It in the talented young people that will Trade, taxes, energy, labor, education, America. walk across those various stadiums and intellectual property, and infrastruc- auditoriums getting their diplomas, ture, and go around to our constituents b 1700 doing what we asked them to do. Can in telling them we are not going to for- When you think about it, we’ve had we put them to work? get you. And I believe that we’re going an economy that was built on bubbles And then, of course, if you reinvest to create some jobs and watch America and credit swaps and all kinds of in America, I will tell the State of continue to have its economy not only things, and they all failed and they Texas—I don’t want to get into anyone make baby steps, but it’s going to be hurt families in this country very, very else’s business—that we don’t have to spinning. It’s going to be humming, badly. close schools. We don’t have to lay off and people are going to be back to I think what we need to do is return teachers. We can educate the work- work. I am grateful for this philosophy to this idea of making things again in force. And some of the workforce can and this mission. this country that we can sell all over be those with their hands, vocational Mr. GARAMENDI. I thank you so the world, and having policies devel- trades, learning to manufacture, build- very much, Ms. JACKSON LEE. You have oped at the national level, at the State ing the high-speed rails that I am so been a leader in all of these issues over level, at the local level that support

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3261 manufacturing, that give American need to make it a national priority so America is unwarranted. It is not going manufacturers the ability to compete that we can start making things here to resolve what we need to resolve here in the global marketplace, give them again, and so that American families in the great United States of America. an ability to grow jobs, and to create can make it in America by relying on We need to invest in a way that al- opportunities to make things that we manufacturing. lows us to bulk up and compete and can sell to the rest of the world so we Mr. GARAMENDI. Thank you very compete effectively on the global scene can export American-made goods, not much, Mr. CICILLINE. And we note that so that we can drive this clean energy export American jobs. your part of the Nation was where the economy, this innovation economy. We have the best workers, the best manufacturing started in America, and I know from my work prior to com- minds, we have the best innovators in the rivers, taking the power of the riv- ing here to the House of Representa- the world, and what we need is to have ers and using it to start the mills and tives, with NYSERDA, the New York policies at the national level that rec- eventually creating the early American State Energy, Research and Develop- ognize we have to make things again. economy and continuing on to this day ment Authority, there is job oppor- We need to stop the Chinese from in a very special part of this Nation, tunity galore. There are entrepreneurs, cheating in manufacturing and having the Rhode Island and the New England there are innovators that work with an unfair advantage, and we need to area. the Angel Network, work with venture recognize that this is an important There are many, many things to say. capitalists, and work with public fund- part of rebuilding the economy of this As you were talking, Mr. CICILLINE, and ing like that from the Federal Govern- country. bringing us up to date on how we can ment that enable us to take ideas and We’ve put forth, as you know, Mr. do these things, I notice that two of move them along. Where R&D is, where GARAMENDI, with your leadership, a my colleagues came in to join us. research and development lands, so will whole agenda, a whole set of bills that Again, Mr. TONKO, you were here for manufacturing. That’s what we have will help jump-start and support what’s the very first Make It in America dis- within our grasp, but what I see hap- already happening in American manu- cussion, you and I, on this floor some pening is walking away from that pro- facturing. months ago talking about what we can gressive approach and catering to a Try to go into a store and find some- do in this rebuilding the great Amer- crowd that has grown stronger and thing with those three words: Made in ican manufacturing base, the strength stronger through this recession. America. It’s almost impossible. We of America, the incredible innovation When we look at some of the out- can change that. We have to change it. that’s possible, and you just happen to comes as the majority here challenges And the agenda that we’ve put forth come from one of those areas where it us about not doing the mindless hand- will help to do that. was done and it’s still being done. outs to oil companies, we’re seeing The bill that I am lead sponsor on is Mr. TONKO. Absolutely. some of the CEOs garnering some quar- the Make It in America Block Grant. Mr. GARAMENDI. You’re from New ter of a million shares, prime shares of It’s a simple idea: take resources and York, right? The Albany area, upstate stock. That’s what they’re doing with invest them in American manufac- New York. these payments, these handouts to the turing. Help manufacturers retrofit Mr. TONKO. Absolutely, Representa- oil companies, when we could invest their buildings for more energy effi- tive. that in job creation, and that’s what ciency, retrain workers for the new Thank you, Representative this Make It in America is all about. equipment of the 21st century. Buy new GARAMENDI, for bringing us together in I know when we put those down pay- equipment, increase their exports. The what is this usual important discus- ments on invention and innovation, we kinds of tools that we know, that I sion. You have done that time and time can expect lucrative dividends and we hear from manufacturers when I travel again for us to focus on an innovation can have job growth, and the kind of throughout my district and talk to economy, on building it, and making it job growth that is secure because it them and listen to them, what they in America is an important aspect of stakes itself in the community as need to give them a chance to compete the work we do. Thank you for bring- small business and they grow within in this global marketplace. ing that to the attention of the greater the community; they grow and expand We have responsibilities to do that. public that watches these proceedings. their opportunity. It’s the best way we can grow jobs. I do represent this region in upstate I have, within the capital region of You’re absolutely right. It’s unimagi- New York where we have the con- New York, the third fastest growing nable that tens of billions of dollars in fluence of the Hudson and Mohawk hub for science and tech jobs, and subsidies are being given to big oil Rivers, and it was birth to the Erie that’s happening because of investment companies, corporate welfare at a time Canal, and that birth to the Erie Canal from the public sector, partnered with when our constituents are facing some developed a port called New York, private sector investments, and it of the highest gas prices ever. which became a major metro area, and works. It’s a winning formula, and I The short-term strategy is we have a necklace of communities that were would say that we just need to pursue to pass anti-gouging legislation, we given birth to by that canal movement in that fashion and we can gain tre- have to release some of the strategic that became epicenters of invention mendously. And why would you change reserves that will lower the price at and innovation, that then inspired a that slow but steady growth upward in the pump now, and we have to invest in westward movement, and not only in- recovery from the recession? After 8.2 a long-term strategy of clean energy, spired the growth of this great Nation, million jobs lost through the Bush re- renewable energy, the kinds of invest- but impacted the quality of life of peo- cession, why would you turn that ments in the manufacturing area par- ple throughout the globe. around? And that’s the attempt right ticularly that will lead to a good en- That pioneer spirit should speak to here. Stop it, turn it around and go ergy future for our country. us again as we develop budgets, as we back into the ditch that drove this re- I thank you, Mr. GARAMENDI, for your promote public policy. It should be cession. leadership. This is an important agen- about investing, not dis-investing. It I just think we don’t want to repeat da. It’s not just about job creation. It’s should be about funding, not defunding. that recent history of Reaganomics about regaining that position as the The current climate here in this and the second Bush Presidency. It is leaders of the world of manufacturing. House with the new majority is to devastating to the economy. It’s dev- Rhode Island led the Industrial Revo- defund, to take those dollars away astating to America’s working fami- lution. We have a long history of inno- from economic recovery and to shift lies, middle class. It’s devastating to vation, of manufacturing. This country them over to tax cuts for millionaires, job growth. can lead again in this area, but we need tax cuts for billionaires, ending Medi- Mr. GARAMENDI. Thank you very to have policies that support the great care, block granting Medicaid, dis-in- much, Mr. TONKO. minds that are doing this work, the vesting, providing for corporate loop- You started with the Erie Canal. It’s great manufacturing. We need to have holes. interesting to note that at that period job training that gives people the skills This is not the strategy that America of time, which was the last decades of necessary to take these jobs, and we needs. This attack on middle class the 1700s and the early 1800s, the

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That lesson, now more make any sense. third in the green energy revolution than 200 years old, needs to be repeated The clarion call that we heard at the behind China and Germany, we will in America once again. voting booth last fall was to start start leading it. And it is about coming Mr. TONKO. Absolutely. I think what growing the economy, stop shrinking up with the next technologies that you people will say too is, well, we don’t the middle class, and that is what we gentlemen were sitting here talking make those products anymore in Amer- are about with this Make It in Amer- about, whether it’s lightbulbs or some- ica. Well, we might be able to if we ica. thing else. We need to discover that modernize our manufacturing proc- I know our friend, Representative here in the United States, and then esses. TIM RYAN from Ohio, has something to make it here in the United States. But also, if you’re going to try and add to that agenda because he has been But what all the major tech compa- convince, if we try to convince each aggressive on this, also. nies are saying now, they want to man- other that all the products that Amer- Mr. GARAMENDI. Indeed. ufacture here in the United States. ica can make, design, engineer, dis- Mr. RYAN, you come from a part of There is so much risk when you move cover and manufacture are over, what the world that was and is going to be, your operations to China, losing intel- are we telling ourselves? given your leadership and the leader- lectual property, losing the cutting There are products coming out as we ship of this Make It in America agenda, edge, losing the quality, that there is speak. There are products coming out the premier manufacturing place in the an incentive here. every week, and a sophisticated society world. We will contend in California; But if we don’t pump money into re- braces itself to invest in education, in we will be happy to contend for that search, that is why this whole philos- R&D, in the down payments of taking and compete for that title, but you are ophy that every single thing the gov- ideas and moving them along; and we in the process of rebuilding the manu- ernment ever does is awful and the gov- can then manufacture those latest facturing base in the heartland of ernment should just serve big business, products on the scene. That’s the America. cut taxes for the oil companies, make growth of a sophisticated society. Mr. RYAN of Ohio. It’s interesting. sure that the big multinationals don’t My district, the Youngstown-Warren pay anything in taxes, and we will 1710 b metropolitan district, was the fastest come back and cut NIH, cut energy in- So this can-do spirit prevails in the growing in job development in the last vestment, cut the National Science Democratic Caucus in this great House month or two. Foundation, cut the National Insti- in which we serve. I am proud to serve Mr. GARAMENDI. Name those places tutes for Science and Technology, their with these Members who are visionary, again. standards and technology. These are who are supportive, reinforcing the ef- Mr. RYAN of Ohio. Youngstown and the kinds of things that we have got to forts of manufacturing of a newest Warren, Ohio. be investing in. It starts with let’s get kind here in the country. Mr. GARAMENDI. We are talking out of this dependency on foreign oil, Mr. GARAMENDI. You talk about in- about what America thinks was yester- $4 a gallon is nonsense, and this illu- novation and new things. day, and you are telling me it’s the sion that if we continue to keep drill- Last week, I was out in my district fastest growing? ing, we are somehow going to drop the talking to manufacturers. One com- Mr. RYAN of Ohio. And it is just re- price, is an illusion. Let’s take control pany is called Bridgelux—‘‘lux’’ I think cent. But in large part, a couple of dif- of our own destiny here. is light, bridge lighting to the future. ferent things. I want to just show real quick this They make LED lights. The kind of There is $1 billion invested into a chart. This is the U.S. balance of trade things that are now in the stores— steel mill, but also we have a major from 1960 to 2010. If you will look in the when you get a flashlight, it’s an LED auto plant. And it was the work of the last 10 to 15 years, we now have $500 flashlight. They have taken those last Congress and the President saying billion in a trade imbalance. Most of LEDs to a whole new level of tech- we cannot lose the American auto in- this is energy. Most of this is oil. What nology and advancement. dustry, and they made investments in are we thinking? We are giving away In fact, if we would put them in these companies like General Motors. Now the house. This is not good public policy. This is lights here in the Chamber, we could we have three shifts selling the Chevy not good economics. Let’s take control. reduce the energy consumption by Cruze all over the world. Every em- Let’s invest in our own people. A bil- about 90 percent, which wouldn’t be a ployee got a $4,000 bonus a few weeks lion a day we send to another country bad thing for the taxpayers. Their par- back that they are spending in our that doesn’t like us, and it finances the ticular system would allow those lights community. These are the kinds of war on terrorism? And then we take to change color, which might put me in things that happen when you make our budget and have three wars going a better color; that wouldn’t be such a things in America, when you manufac- on at the same time. So we pay them bad thing, and to dim when people are ture products in the United States of to run the terrorist operations, and not here, and move the lights, and in America. then we pay our own military to go to that way improve our ability to see But the goal here I think for all of us the Middle East to try to stop it. Mean- while simultaneously saving us a lot of is to wrestle control from the major while, the middle class in the United energy. multinational corporations who are States, we have a $3 trillion deficit on The company is 2 years old, has 250 running this institution and then have the roads and bridges and infrastruc- employees, is manufacturing these ad- undue influence over the government. ture, sewer. College expenses are going vanced LED lighting systems in Liver- Whether it is globalization moving up. We’re not doing research. This is a more in my district, and I am going, manufacturing offshore, or if it is the recipe for disaster for the United ‘‘Go Bridgelux, go!’’ oil companies who not only aren’t pay- States. They need something, though. They ing taxes but are completely content I yield to my friend from California. need access to the American markets. with our citizens sending $1 billion a Mr. GARAMENDI. I thank you very And that is where the use of our tax day out of the United States to go try much for that. dollars, in this case perhaps the local to find cheap oil, which isn’t so cheap You just reminded me of last night at tax dollars in the cities around that anymore, and diminishing day by day, 2:30 in the morning, the House Armed area, would reach out and save the tax- what we are saying here is, if we drive Services Committee completed the payers a bundle of money by buying that $1 billion a day back into the markup that is moving out of com- lights from that company. United States economy for the kind of mittee, the National Defense Act. We Mr. TONKO. Not only is it promoting research and development that is going do it every year. Seven hundred billion energy efficiency; it can help us along on in Upstate New York, that is going dollars.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3263 A study done by one of the think clear vision. We need to embrace that make sure where it is made. Innova- tanks came up with the number that sort of American spirit, that pioneer tion, the innovation economy, all of America spends about 17 percent of its spirit in this present moment and re- those things. This is legislation that total defense budget protecting the peat good history, sound history, that we have, infrastructure financing and flow of oil out of the Middle East. So grew our economy. I think we can do it all the rest. We are going to talk about you can add that to the deficit. That is and I believe we can do it, and Make It it piece by piece. over $100 billion a year that we spend in America is the way to make it all I thank my colleagues for joining us. of our tax money to protect the flow of happen. I have the sense that behind me we are oil, not only for us, but for the rest of Mr. RYAN of Ohio. Give him a about to be gaveled that we are out of the world. minute of my time. He’s from Pennsyl- time. I want to thank the American We need to build a domestic energy vania. He can’t help it. public for listening to the Make It in system not based on carbon-based Mr. GARAMENDI. I look up and find America agenda. fuels, but rather the future energy, all another colleague here. We have just a f of the clean green technologies, nu- few moments left. clear and others, that will provide us Mr. ALTMIRE. I appreciate the gen- AMERICAN JOBS AND THE with the energy security we need. tleman from California. I come from a NATIONAL DEBT In doing so, each and every one of region of the country, western Penn- The SPEAKER pro tempore. Under those, if we spend our tax dollars on sylvania, bordering my friend from the Speaker’s announced policy of Jan- buying American-made systems, will Ohio, and I was listening to the debate, uary 5, 2011, the gentleman from Ar- come back, just as you say, and build and I just wanted to talk about this kansas (Mr. GRIFFIN) is recognized for our communities stronger along the same issue. 60 minutes as the designee of the ma- way. This is the key to our recovery and jority leader. Mr. RYAN of Ohio. We had a group in our continued leadership and innova- Mr. GRIFFIN of Arkansas. Thank Cleveland, Ohio, do a study a few years tion in this country because, as we you, Mr. Speaker, and thank you to the back that, if you added in that cost, have seen in western Pennsylvania and American people for watching today. the 17 percent of our military budget all across this country, the American I wanted to talk with my colleagues that protects the oil lines, supply lines worker is going to compete and win on here today about jobs, how we create for oil all over the world, the actual a level playing field against anybody in jobs in America, and what we are going cost of a gallon of gas would be another the world any day of the week. We just to do about our national debt. We have $1, $1.50, because of the subsidy. It’s an- want to make sure that we have a tax a spending problem in America, and we other subsidy to make oil come here. policy that is in place, a trade policy have heard a lot from our colleagues on All we are saying is pump that that is in place, and a manufacturing the other side of the aisle. They have money back into the research. Some- and jobs policy that is in place that is been talking about jobs bills. I heard body in this country will come up with going to allow the American worker someone say that we haven’t passed some synthetic, some magical some- that level playing field to compete and any legislation or taken up any legisla- thing or other that will replicate diesel win against the rest of the world. tion in this House that addresses jobs. fuel. It will happen if we put the money Mr. GARAMENDI. As a great exam- Well, that puzzles me. Maybe they have into it. ple, your colleague next to you there been absent, but it seems to me since I Mr. GARAMENDI. It is actually al- has a piece of legislation that calls for arrived here in January, we have been ready there. It is called advanced fairness in the financial markets, the focused on jobs, and I just want to give biofuels, algae-based fuels, everything value of the dollar versus the value of a few examples. from cosmetic oils to fuel for the Navy the Chinese yuan. Mr. RYAN, you have Number one, this week we have been ships. So we can do these things. But, put it out there. You say it has to be working on energy legislation that will again, it is how we deploy our re- fair. Wrap it for us. open up drilling, open up drilling in sources. Mr. RYAN of Ohio. It is clearly cur- parts of the country where right now it We have about 5 minutes, and we are rency manipulation. Here is the deal: is prohibited. Those will be jobs. Those going to do a lightning round between Chevron, $19 million refunded from the are jobs, good-paying jobs in the en- the three of us. I am going to turn to IRS last year. They made $10 billion. ergy sector. Not only will that allow Mr. TONKO. Valero Energy, 25th largest company in for the creation of jobs; it will allow b 1720 America, $68 billion in sales last year; for our country to be more energy inde- Mr. TONKO. I would just encourage they got a $157 million tax refund pendent. us here in Washington on the Hill as we check subsidized by the taxpayer. We have taken up all sorts of legisla- develop policy and debate budgets to If we are going to do this, we need tion regarding health care since I have keep in mind the history that should shared sacrifice. We need everybody to been here. We voted to repeal and to be replicated, sound history, history contribute, especially those people work on some legislation to replace the that had a proven track record, like making a lot of money, to help us rein- Obama health care law. Well, I talk to that of the global race on space. vest. These folks are benefiting from small businesses, business owners, all Some of us are old enough to have an old-age industry—that we are run- the time, and they tell me that the been youngsters or adolescents when ning out of oil. It only makes sense. It Obama health care law hurts them; that message, that very noble vision, of went into the ground for 4 billion that because of the increased price that President JFK and his offering in an years. We pulled it out in 150 years, and they have to pay, that they can’t hire inaugural address that we are going to we are burning it. Something is hap- as many people. That is a piece of leg- win the race on space, the global race pening. It is an old industry and we are islation that directly addresses job cre- on space, and land a person first on the subsidizing it. We need to be Americans ation. Moon. And it was more than that po- who invest in the next great tech- There was a provision that a lot of etry of landing the first astronaut on nology to lead the world. small businesses will tell you about; it the Moon, that happened to be an Mr. GARAMENDI. And indeed we was a 1099 provision that was included American, and his quote of ‘‘one small will. Over the weeks and months ahead, in the Obama health care law. We re- step for man, one giant step for man- we are going to talk about the Make It pealed that. We were fortunate enough kind.’’ It went well beyond that. It was in America agenda, the legislation that to convince the Senate to pass it and this opening of the gates to technology has been introduced by the Democratic the President to sign it. that then invaded every sector of our Caucus here in the House of Represent- I am joined by my colleague from In- economy, all aspects of life. And it was atives. There are about 25 pieces of leg- diana. I want to say this, and then I am that technology investment that grew islation, ranging from the ones that we going to turn it over to him. Every because of the soundness of a plan that talked about here, using our tax money time that we deal with our spending enabled us to win a global race. when we buy solar equipment, make problem in this House, every time that Now, that was done with passionate sure it is made in America. A bus, if we deal with our debt problem and our resolve and a thoughtfulness and a you are going to use our tax money, deficit, every time that we try to get

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3264 CONGRESSIONAL RECORD — HOUSE May 12, 2011 our fiscal house in order and make this that means you’re out of cookies. I that stuff. And they shouldn’t. They government live within its means, the would say to my colleagues on the can’t do it as well as what the private way folks back in Arkansas do, where other side of the aisle, just because we sector can. But what the government they live within a budget, every time have banned drilling and exploration does is spend money. That’s why our we do that we are creating a better en- for natural gas and for oil on the east jobs are looking somewhere else—be- vironment in this country for job cre- coast and the west coast and Alaska cause of the threat of higher taxes, the ation. and the gulf, just because we’ve banned threat of regulation. So don’t let anyone tell you that it doesn’t mean we’re out of it. Just be- We’ve got the EPA that comes in. there is the issue of the spending and cause you leave the top on the cookie Most of the folks that come into our the debt and then there is the issue of jar doesn’t mean you have run out of office since I’ve been elected to Con- the jobs. They are all one issue. They cookies. gress—this last year, I would say 90 are all one. If we want to see the kind You have got to actually take spe- percent of them come in and start talk- of innovation and job creation that we cific steps to develop energy. We are an ing about the regulation that the EPA are accustomed to in this country, if energy-rich Nation. I happen to believe and the enforcement attitude that the we want to see it continue, if we want in an all-of-the-above policy. I think EPA has on our small businesses. How to continue to be the leader in innova- we ought to be pursuing renewable en- can any small business grow to be a big tion and technological advancement ergy, wind, and solar. But at the same business if they’re going to continually and job creation, we better deal with time we ought to be pursuing natural be hampered by our own government? our spending problem, or we are not resources that we can use right now. FDA, OSHA mandates. We’re going to going to see that kind of job creation. Natural gas. We have a lot of it in Ar- be talking about Medicare. What is Furthermore, if we don’t deal with kansas, and we would love to continue that going to look like in the future? the debt, and we have a debt crisis, we developing it. It’s interesting to me And taxes. are going to see job losses that will that at a time when this administra- We hear our colleagues on the other make what happened in September of tion put obstacles up to energy devel- side of the aisle talk about the way 2008 pale in comparison. opment in the gulf and elsewhere government can grow business. The I want to yield to my colleague from around the United States that would best way is to get out of the way. Right Indiana. help us be more energy independent, at now, America has the highest cor- Mr. ROKITA. I thank my friend from the same time they were encouraging porate income tax in the industrialized Arkansas, TIM GRIFFIN. I know we are energy production in foreign countries. world. Look at the other countries, going to talk about Medicare, and we It makes no sense. whether Japan, Greece. All these other are going to talk about the debt ceil- I now yield to my friend from Indi- countries are finally figuring out be- ing, but I want to thank you for rising ana, Mr. Speaker. cause of just natural economic laws to address what has happened on the Mr. STUTZMAN. Thanks to my col- that you can’t spend more money than House floor this very last hour, because league from Arkansas. I appreciate his you take in. Why would we want to what you say is absolutely the truth. comments and what he is saying, and I raise taxes even more when people are And if we have to, my friend, the gen- agree with him wholeheartedly. I can starting to say, I’m out of here. I’m tleman from Arkansas, as new Mem- tell you as a small business owner from tired of doing business here. I don’t bers keep speaking truth to power, Indiana, coming from a family farm think my dollar is safe in this country. then we will do that. background and having a small truck- And they’re going to start taking their But the fact of the matter is every ing operation, all of the talk here on money overseas. That’s why our jobs time, every time the government con- this floor and in Washington doesn’t are leaving. fiscates the property of the American make a lot of sense to a lot of Hoosiers. I believe it’s important that we have people, which is their money, you are Growing up in the agricultural indus- a flattened tax policy—one that is fair exactly right, you take away their try, it’s hard work. And I know that to everybody across the country, one freedom, their property, their ability my granddad and my father and other that is not going to pick and choose to invest that dollar as they see fit. family members, my brothers, they’re winners. And when that private sector money is all willing to work hard. But I can tell I appreciate what you’re saying be- in the hands of a small business or a you what: When the government makes cause jobs are not created by the gov- large business, an ice cream shop or an it difficult, it’s tough to go out there ernment, they’re created by Americans oil company, they have a better oppor- and say, I’m going to keep doing it. just like Henry Ford. The government tunity and know better what to do When the government comes in and didn’t subsidize Henry Ford in creating with that dollar in terms of invest- says, We’re going to make it harder for the combustion engine. They didn’t go ment, in terms of growing the govern- you to do your business, you start out and subsidize Henry Ford in cre- ment, than any government bureaucrat thinking twice, Do I really want to do ating the Ford Motor Company. How or anyone on the floor of the House what I love to do. many other small businesses started? ever can. Who creates jobs? Is it the govern- So many American businesses started I don’t understand, Mr. Speaker, why ment? I know some in this town believe in a garage or somebody’s shop and every other industrialized nation on that the government creates jobs. Well, grew into some of the greatest compa- the face of this Earth understands that how do they create that job? They take nies in the world. But our government when you pull a lump of coal from the your dollar, my dollar, they collect it now wants to go in and make it more ground, when you take some oil from in taxes, and then they put it in a pot, difficult for them and for small busi- the ground, when you exploit in the and then we have this large entity we nesses. best sense of that word our natural re- call Congress and bureaucracies, and Mr. GRIFFIN of Arkansas. I appre- sources, you create wealth. our Federal Government decides we’re ciate the gentleman’s comments. going to pick and choose what type of My colleague from Indiana was just b 1730 jobs we’re going to create. We’re going talking about competitiveness. The You raise the standard of living for to take those dollars that we’ve col- question is, How do we compete? What all involved. Why is one party in this lected from the hardworking taxpayer is competitiveness? Well, we have to country so masochistic that they can’t and create a job. start with the premise that the private understand that? Well, that’s not creating wealth. The sector is the primary job creator in Thank you for your time. folks in my district who build cars, this country. They’re not just the pri- Mr. GRIFFIN of Arkansas. I thank they build steel, RVs, and medical de- mary job creator—they’re the primary the gentleman from Indiana. vices that help enhance the quality of innovator. They are the primary source I was thinking about some of what I life. Agriculture. Boats. We’re one of of technological advancement. And heard, Mr. Speaker, a few minutes ago. the largest manufacturing districts in that leads to jobs. So the question is, I think that my colleagues on the the country. That’s where wealth is Do we want businesses to be attracted other side of the aisle believe that if created. That is where jobs are created. to our country or do we want them to you leave the lid on a full cookie jar, The government doesn’t build any of flee our country? That’s the question.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3265 That’s the question of competitiveness. taxes to the issues of the deficit and gram was created, baby boomers were I want to live in an America that is at- the debt. I made these comments not teenagers, and now 10,000 baby boomers tractive to job creators. too long ago on this very floor, that in a day enter qualification for Medicare. You can talk about big business; can private business, in business in general, When Medicare was created in 1965, the you talk about small business, you can your debt is usually tied to your assets, life expectancy of a human being was talk about mom-and-pop shops. You the assets of the company. Most around 70, a little younger. Today it’s don’t even have to define each size businesspeople get that. But in govern- close to 80 years of age. Medicare business; they’re all job creators. We’ve ment, your debt is tied to your capac- spending is growing at an got in my district, the Second District ity to increase taxes. So this debt and unsustainable rate of 7.2 percent every of Arkansas, we’ve got all sorts of job deficit issue that we continue to strug- year. Seniors are already facing access creators. And I love them all equally. gle with as a country and the prospect issues. We’ve got small businesses, we’ve got of that debt continuing to rise—and Think about this. Under the current Hewlett Packard, we’ve got Cater- not too long from now we’re going to system, one in three primary doctors pillar. They all create jobs. When busi- have a vote on increasing the statutory are limiting Medicare patients. One in nesses look for a home somewhere on limit on debt—influences, I think con- eight are forced to deny Medicare pa- this planet, we want them to look at tributes to, this cloud of uncertainty tients altogether. If the Medicare pro- the United States and say, That’s that leads a prospective entrepreneur, gram is allowed to continue without where I want to do business. I can do a prospective job creator, to not do any change at all, the Congressional better there. My labor will be rewarded what that person would like to do, even Budget Office projects it goes bankrupt there. The taxes are not so burdensome with trillions of dollars sitting on the in 9 years. Basically, if we allow Medi- there. The regulations don’t crush my balance sheets of corporate America, care to maintain the status quo, Medi- business there. That’s where oppor- the hesitancy to create these jobs in- care collapses. tunity is. That’s the America that fluenced by the threat of higher taxes. So we’re leading. Our conference is we’re trying to create. And then I think also, fundamental leading. We’re taking mandatory to this cloud of uncertainty, as I call spending and entitlement programs b 1740 it, continuous overregulation by this and we’re deciding that we’re going to The gentleman from Indiana ref- government, that the prospective job throw our cards down on the table. erenced some of the conversations he creator cannot compute the input costs We’re going to do something about it. has had with constituents. I have them associated with more government regu- The plan that we voted to approve every day. They come in my office and lation. Notice I haven’t even men- just a couple of weeks ago preserves, they say, This agency is not working tioned the impact of the health care protects Medicare for those 55 and with me; it’s working against me. This law, ObamaCare, as we call it. It’s hard over, not just those drawing Medicare part of government is an obstacle. Can to compute the input costs of this but those nearing retirement, people you help me? Can you help me break health care law. And then more re- that have planned their lives around through so that I can just do my busi- cently, the threat of higher energy that program. We don’t change that for ness and create jobs and make a living? prices and a flawed, if not almost non- those people. That needs to be said. It That’s ultimately the America that existent, energy policy of this adminis- needs to be repeated over and over we’re talking about. tration. again. But again we get demagogued Since we’re talking about competi- Just think about it. You’re a prospec- about it because, at the surface level, tiveness and we’re talking about jobs, tive job creator, you’ve got an idea, it sounds like we’re trying to just take that ultimately, as some of us were you’re a creative person, you want to it away. Let me repeat again. Those 55 talking about earlier, leads us to a con- live the American Dream, but standing and older, not affected by the proposed versation about debt. in your way between your dream and reforms that we support. I would now yield to my friend and your capacity to do something cre- Starting in 2022, new Medicare bene- colleague from Arkansas (Mr. atively and resourcefully, to put people ficiaries would be enrolled in the same WOMACK). to work, to contribute to society, are kind of health care program that I Mr. WOMACK. I thank the gentleman things like higher taxes, more govern- have, that my colleague from Arkansas from Arkansas. I appreciate his leader- ment regulation and red tape, the im- has, and my other colleagues who have ship and his friendship and his service pact of when I hire these people, the spoken here tonight. Future Medicare to our great State, the great State of impact of ObamaCare, and then on top recipients would be able to choose from Arkansas. of all of that, the price at the pump a list of guaranteed coverage options I am thrilled that we’re having the and higher energy prices. I just don’t and they’d be given the ability to conversation that we’re having here, see why the other side cannot under- choose a plan that works best for them. late in the day, regarding these types stand why we’re not creating jobs, why It’s not a voucher system. It’s premium of issues that in my strongest opinion we continue to hover at the 9 percent support. No money changes hands be- are impacting our ability to create level on unemployment. tween the government and the indi- jobs; and that’s the prize that we all Just a couple of weeks ago, we passed vidual. It’s modeled after what Mem- keep our eye on here in these Chambers on this floor a budget for 2012, and in bers of Congress and Federal employees is what can we do to strengthen our ca- that budget immediately, before the already have. pacity to put people back to work, be- ink was dry, we were being criticized The reforms are designed to decrease cause I think at the end of the day because of what we were trying to do the fraud within the system and re- that’s exactly what people elected us and what I believe is the reasonable ap- quires congressional oversight by re- to do last November is to come up here proach to solving our Nation’s fiscal quiring transparent pricing and min- and change this climate, change this problems, and that is finally delving imum benefit and quality standards culture and put the entrepreneur back into something that nobody ever want- and instituting more competitive in charge, because that’s where job cre- ed to touch, and that’s the entitlement forces. My friends, that’s what the free ation comes from. programs, the mandatory spending side enterprise system is about, and I be- A couple of points before I go to some of the house, where most of the money lieve if it has worked for 235 years of notes that I brought specifically for is. this great country, it should be also this afternoon’s presentation, and that I just want to make a couple of these the way forward. is that this cloud of uncertainty that comments as it concerns Medicare, be- Let me finish by saying this. Like continues to hover over the economy of cause I heard back from my constitu- my colleague from Arkansas, he and I the United States of America is influ- ents. A tele-town hall meeting the came in as freshmen together on Janu- enced by a number of things, but let other night, the first phone call I got ary 5 in these hallowed Chambers. We me just take two or three of them. from Bella Vista, Arkansas, was a gen- didn’t come here to do nothing. We The threat of higher taxes, and not tleman worried because he had heard didn’t come here to kick the old can just the threat of higher taxes but the that we were attempting to take his down the road, to ignore the facts. We relationship of the threat of higher Medicare away. In 1965 when that pro- came here to act with dispatch and

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It’s not only what from Arkansas for yielding and for it is, but it’s a bureaucratic 15-person we were elected to do; it is our moral talking about these important issues, panel that will actually determine how duty to do it and to do it as soon as we and one thing that I do want to talk we are going to provide health care to can and to do it with the sense of pur- about is something you just said: kick- our seniors. Now, these are not elected pose that I think defines the 112th Con- ing the can down the road. We can no officials, these are appointed by the gress. longer afford to do that because every President, and they will be making de- year we do not address and solve the cisions on how to reduce our Medicare b 1750 problems related to our mandatory costs by actually preventing certain Mr. GRIFFIN of Arkansas. Thank spending, they add close to $10 trillion treatments to our patients, to our sen- you to my colleague from Arkansas. each year to our unfunded liabilities. iors. This will get in the middle of the Mr. Speaker, my colleague makes a Those are the liabilities that are going doctor-patient relationship, which is great point, and I think what we’ve to be put on the backs of our children one of the most important relation- been talking about here over the last and our grandchildren. So kicking the ships that there is. We need to have the few minutes is that the jobs issue is can down the road is no longer an op- trust between our doctors and patients not separate from the debt issue. We tion. and not taking dictates from a 15-per- have to deal with the debt in order to Now, I want to get back to something son panel of bureaucrats here in Wash- create an environment in this country the gentleman from Arkansas talked ington, D.C. that attracts business and where jobs about earlier, and that is about making The great thing is that there’s really can be created. America competitive in the global no oversight. Now, Congress can go in I want to take just a second here. marketplace. We live in a global econ- and say, well, we don’t agree with the We’ve heard a lot about Medicare and omy. Nothing is going to change that, independent advisory board, but you about the debt; and I think it’s impor- but what America has to do and what know what it takes, it takes an act of tant to emphasize here, as this chart we have to do here in the House is to two-thirds majority in the House to shows, that of our yearly spending, make America the most competitive override one of their decisions. Now, well over half is what we call manda- country on the face of the Earth. We I’ve only been here 4 months, but I can tory spending. That is spending that need to make America the best place tell you, two-thirds majority is almost doesn’t have to be renewed every year, and the safest place to do business, and near impossible. spending that’s in the books, in the that’s what we were charged to do So this is what we have to do: we law. It just happens. That includes So- when we came in in this 112th Con- have to educate and tell everybody and cial Security, Medicare, and Medicaid. gress, and that’s what we’ve been doing get the facts out to the American peo- The bad news is, if we do nothing to from day one. ple because, like the other gentleman this big chunk here called Medicare, we Because when we came in here, we from Arkansas said, after the 2012 do nothing, Medicare goes bankrupt. said we were going to do two things. budget was passed, I, too, had a This next chart shows that in just a We were going to get the American teletown hall and one of my first ques- couple of decades, the entire Federal people back to work by creating jobs tions was from a caller in my district budget at this point right here, the en- and pro-growth economic policies, and who was on Medicare and asked, Are tire Federal budget will be consumed we were going to rein in our out-of-con- you really getting rid of Medicare for by Medicare, Medicaid, and Social Se- trol Federal spending. And we’ve been me because I rely on it. That’s when I curity. doing that. had to tell her the facts that, no, abso- What does all this tell us? Well, it Since day one, week by week, we lutely not. Those who are in or near re- tells us a couple of things. Number one, have been addressing our problem with tirement, their benefits will not change we have to do something to reform our out-of-control government spending. because they have planned for those system so that we don’t have a crisis; Sometimes it was millions of dollars benefits to be there. However, we are and, number two, it tells us that if we here, other times it’s billions, and still going to save Medicare from the implo- don’t reform Medicare, it goes away. It other times it’s been trillion dollars of sion that will occur if we do nothing no longer exists. savings to be able to make our country because in 9 years, 9 short years, Medi- I tell folks all the time when they prosperous again. That right there is care will be bankrupt and the 2012 say, well, you’re going to try to end the charge of my generation and our budget that the House Republicans Medicare as we know it, and I say, generation to return America’s pros- passed will save Medicare bankruptcy, whoa, whoa, whoa, Medicare as we perity. That’s what we’re doing here in put us on strong fiscal footing going know it ends itself in just a short num- the House. That’s what the Republican forward, and return America’s pros- ber of years. It ends itself. And I say to House majority has been doing since perity to future generations. my friends when they mention some- I thank the gentleman for yielding. day one of the 112th Congress. Mr. GRIFFIN of Arkansas. Thank thing like that, I say, well, if someone One of the things that we did just a you so much to the gentleman from Ar- really wanted to harm Medicare, they few weeks ago was we passed a 2012 izona. I appreciate you making those wouldn’t propose a bold reform to save budget plan that sets our fiscal course clear points. it. They would just quietly do nothing on the right path. It sets us up so that I want to go to the gentleman from because if you quietly do nothing, you we will have that prosperity, so that Indiana who has risen. kick the can a little further down the the crushing burden of government Mr. ROKITA. Thank you. I want to road, Medicare goes bankrupt. With no spending is not passed on to future gen- thank the gentleman from Arkansas. I action, Medicare goes bankrupt. erations. Immediately, practically be- want to associate my comments with What would that look like? Well, it fore the vote was even cast, we heard the ones just made by the gentleman would look a lot like the President’s from our friends on the other side of from Arizona. They’re excellent. I plan. I don’t believe that the President the aisle that we were starting to end think they accurately stated, along wants to harm Medicare, but I’m cer- Medicare as we know it. Funny thing with the other gentleman from Arkan- tain that he’s failed to take the steps how short their memory is, because sas, why we’re here as new Members: to necessary to save it. What would a plan Medicare as we know it was actually grow this economy, make this in the look like that harms Medicare? It ended by the previous Congress when 21st century the best place on Earth to would look like the President’s plan, a they passed ObamaCare. grow a family, to grow jobs, to grow a plan, a budget that doubles our debt in And Medicare as we know it was business. five and triples it in 10 and does noth- ended in two different ways. First, they ing to save Medicare. It’s silent on that took over $500 billion out of Medicare b 1800 and on Medicaid and on Social Secu- to fund their government takeover of But you can’t have that discussion if rity. health care, and the second thing and we’re also not going to talk about how

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He says, ‘‘What plates now. These were reckless prom- demagoguery. It’s old tactics. Yet I’m exactly is a ‘premium support model,’ ises made by politicians who came be- hopeful, sir. I’m hopeful because, every and what does my particular version fore us on this very floor, on that other day that we get to talk about this and do? ‘Premium support’ means the gov- floor and all around this town. The every day over the last couple of years ernment would literally support or pay simple fact of the matter is they can’t that we’ve gotten to talk about this, part of the premium for a defined core possibly be paid for. we are educating our fellow citizens package of Medicare benefits.’’ What I’d like to do, as I continue to more. We are doing a great job. We are Look at this. This is the Democrat work with you on the floor tonight and winning the argument. I think, at this Senator, Clinton’s co-chair of the rise again a little bit later, is, as a time, we are ready to tackle this debt Medicare commission. In 1999, he says, member of the Budget Committee, sim- problem if we talk honestly and di- ‘‘This is not a voucher program but an ply put on the floor some facts and fig- rectly with the American people. alternative to the current system. My ures so that we understand where we Mr. GRIFFIN of Arkansas. Thank plan combines the best that the private are as we go about talking of solutions. you for that. Thank you to the gen- sector has to offer with the govern- We are $14 trillion, rounding, in debt tleman from Indiana. ment protections we need to maintain I think the point that you’re making right now—this hour, this day. If you the social safety net.’’ is that we first have to identify the look out into the future and you see It’s pretty clear it’s not a voucher problem, and the problem is a spending our new red menace, the tidal wave of program. No matter what you’ve heard, problem. We don’t have a revenue prob- debt that is about to come crashing it’s not a voucher program. I’ve said re- lem. We have a spending problem. We down on us, the total bill is nearly $100 peatedly that it’s the type of plan that are spending too much money. We have trillion. The total cost year over year we have, and others have said, no, made promises that the government of waiting, of kicking that can down that’s not true. Well, Senator Breaux can’t keep. Saying that we just need the road, as we’ve heard tonight, a road thinks it’s true. He says, ‘‘I’ve proposed more revenue is like a gambler who’s that’s quickly coming to an end, is sitting at a slot machine, saying, ‘‘I a premium support Medicare plan, over $12 trillion. It’s more expensive. don’t have a gambling problem. I just modeled after the health care plan, Let’s break it down, because I will be don’t have enough money.’’ We have a serving nearly 10 million Federal work- the first to admit on the floor of the spending problem, folks, and that’s ers, retirees and their families.’’ So House here tonight, sir, that I can’t why we have to talk about all of the there is a lot of misinformation out count to $1 trillion. I can’t count that different programs, and I have been one there, and I ask folks to get the facts. high. I can’t comprehend what $1 tril- who has been willing to say we’ve got I would like to yield to the gen- lion means, not to mention $14 trillion, to look at everything at a time like tleman from Illinois. not to mention $100 trillion. this. Mr. DOLD. I thank the gentleman $1 trillion is one thousand billion. $1 I want to yield to my friend from Illi- from Arkansas, and I thank my col- billion is one thousand million. Well nois, but before I do, I want to point leagues for coming down this evening now, maybe we’re getting somewhere one thing out. You mentioned dema- to have this important discussion in breaking it down. goguery. We’re trying to responsibly about the direction of our Nation. Let’s break it down by hour. In the address the spending problem in all I can tell you I’ve had an opportunity hour we’re spending in talking with the parts of the budget, including Medi- to talk to a number of Congressmen, American people about this serious care, so I just want to run through a several of them in the freshman class problem, this country will borrow in couple of attacks, a couple of misrepre- and who come from different back- this hour over $170 million—just in this sentations that I’ve been hearing. Then grounds. By ‘‘different backgrounds,’’ I hour. For every dollar this Federal I’d like to hear from my colleague from mean that they don’t come from the Government spends, we are borrowing Illinois, but let me point this out. traditional political realm. They come 42 cents of it. The first thing that I heard was that from business: those who have met a Let’s put it in terms of days. We’ve our plan in the House is a voucher pro- budget, who have met a payroll and heard about Tax Day, that day every gram, that premium support, which is who have created jobs. year when we find that Americans can the core of our Medicare reform for b 1810 finally keep what they earn, keep their those under 55. For those 55 and over, own property and start working for there are no changes, but premium sup- There’s no question that some of the themselves; but we also have a Debt port is the core of those under 55. I big issues that we face today are about Day now. Debt Day this year is July 27. stood here on the floor, and I said, This jobs and the economy. How do we Every day this Federal Government op- is a program much like the one Mem- jump-start the economy? How do we erates on and after July 27 it is oper- bers of Congress have, much like the create more jobs? I think that cer- ating on borrowed money. ones that Federal employees have. The tainly the Federal Government is going Let’s put it in terms of speed. Let’s gentleman from the other side of the to play a role, and the role the Federal say we’re driving down a highway and aisle said, It’s a voucher plan. Government can play is to create an our historical debt is a car. It would be Is it or is it not? It’s not a voucher environment that allows the private going down that highway at historical plan, but you don’t have to take my sector to grow and to thrive. speeds of 65 miles an hour, and that’s word for it. We have heard tonight about our probably bad enough if the car is debt, What’s interesting is that, back in debt and our deficit. The deficit that but it has gotten a lot worse recently. 1999, President Clinton recognized that we face right now is significant. We’re Let’s say there is another car coming we had a Medicare problem, a spending doing about $1.5 trillion in deficit up in our rear view mirror and that we problem within Medicare. So what did spending. The gentleman from Indiana look and it’s coming up fast. Maybe the President Clinton do? He appointed a talked about our debt and how fast license plate reads—but we may not be Medicare commission. Who led that we’re mounting this debt. When I talk able to read it—‘‘hope and change,’’ commission? One of the co-chairs was a in my town hall meetings and I ask and it’s coming up and it zooms right Democrat Senator from Louisiana, people does anybody have any idea by us. How fast, sir, do we think that John Breaux. John Breaux was an ad- what $1.5 trillion really means, I tell car had been going if the debt car that vocate for something called ‘‘premium them that my daughter, who is 9, she we’d historically been riding in had al- support.’’ knows what 1.5 is. She says it’s a little ready been going 65 miles an hour? So the plan that we’re advocating, bit more than one and not quite two. Would it be 70? 100? No. That car that that we’ve passed in the House, was not And I say, You know what, Harper?

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3268 CONGRESSIONAL RECORD — HOUSE May 12, 2011 That’s exactly right. But when we say based conversation with the American other colleague over here, a small busi- $1.5 trillion, it works out to be about public so that we can solve the big ness owner, one of the reasons he de- $3.4 million a minute. Another way to issues of our time. I’m fearful that I cided to run as well—is that the Fed- look at it is $58,000 a second. We can’t may be the first generation of Ameri- eral Government was making it harder even say it fast enough. $58,000 a second cans that leaves our country worse and harder for me to put the key in the is what we’re spending in deficit spend- than the one I received from my par- door and open up my business each and ing right now. ents and grandparents; and that, to me, every day. That’s not what we want to Now, the chart that was up just a lit- is absolutely unacceptable. do. They should be making it easier for tle bit before talked about the pie and We have to talk about how do we us to put the key in the door. They what we were spending. The big thing grow revenues. We’re going to grow should be making it easier to be able to that we’re looking at in terms of the revenues on the backs of the private provide benefits to those people with discretionary spending, our discre- sector. We have to address the manda- whom we work. tionary spending went up 84 percent tory spending that’s going on here in So with that, I appreciate the gen- over the last 2 years, 84 percent. Now, Washington. tleman for the time. I know household incomes across my And everything must be on the table. Mr. GRIFFIN of Arkansas. I just district and across America did not go That means that defense has to be on want to point out that the gentleman up 84 percent, but let’s be fair. A sig- the table. It means that agriculture from Illinois mentioned some of the nificant portion of that was the stim- has to be on the table, every single de- nonsense, some of the attacks that the ulus package. So if we strip out the partment. But what we do need is we other side has been making on those of stimulus and say that we’re not even do need to have a willing partner on us who are trying to save Medicare and going to include that, discretionary the other side of the aisle that is will- responsibly deal with the budget. The spending over the last 2 years went up ing to come to the table and have this Union Leader newspaper took a look at 24 percent. That’s still a heck of a lot discussion about what it is that we some of the attacks and said, ‘‘Ending more than families that have tightened need to do to put ourselves on the right Medicare’’—the idea that we’re trying their belts all across America have course. to end it—‘‘is a big scary lie.’’ And dealt with over the last several years. We know that the attack ads have PolitiFact, which is a Web site that There is no question; we have a come in. They’re saying that Medicare takes a look at political attacks—it de- spending problem in Washington. We’ve as we know it is going to end. Well, termines how much validity there is— had a spending problem in Washington that’s true. It’s going to end because it gave our colleagues on the other for a long time on both sides of the it’s going to go bankrupt if we do noth- side, it gave their attacks the ‘‘pants aisle. And I’m here to say that we are ing in 9 years. I believe that we have to on fire’’ rating—as in, ‘‘liar, liar, pants prepared to say things have to change. strengthen Medicare for future genera- on fire’’—on their Truth-O-Meter. So I’m not here pointing my finger in any tions. there’s a lot of misinformation out direction, but saying I know that my The plan that’s been put in place there. colleagues and I on both sides of the says to those seniors, those that have I would like to now yield to my col- aisle are prepared to roll up our sleeves paid into the system for years and league from Pennsylvania. and get something done. years, that we must keep our promises. Mr. KELLY. I appreciate that. Mr. GRIFFIN of Arkansas. Would the So for those 55 and older, there are no To my friend from Arkansas and the gentleman yield for a question? changes. For those 54 and younger, rest of my colleagues that are here to- Mr. DOLD. I absolutely will yield. night, I have to tell you, it’s only been Mr. GRIFFIN of Arkansas. Would you many of them don’t even believe that about 4 months since we all came here, agree with me that there is no way to there is going to be a social safety net and I think we all came for the right address the debt issue without entitle- for them. I believe that we have to reason. We came for a cause and not a ment reform, and that entitlement re- strengthen it. We have to strengthen it career. form must include Medicare? so that it is there for future genera- Mr. DOLD. There is no question in tions. I have got to tell you, the reason I my mind. But the big issues that we So what we want to do today is make am here tonight is because I had a tele- face at this point in time have to be sure that we are coming to the table to phone town hall today, and the folks dealing with the mandatory spending, have a fact-based conversation about that called me were seniors. The dis- of which entitlement reform—and I had the problems that we face. And I know turbing part about the conversations a town hall meeting just this weekend that we have to have that serious con- were that the most vulnerable folks where somebody said that he doesn’t versation now. I came to Congress to out there, the people who lived within like the idea of calling it an ‘‘entitle- be part of a solution. their means for the longest, made the ment,’’ seeing that he’s paid into a sys- The other night, I was tucking my 9- most sacrifices, did the most to keep tem all of his life. He likes to, prefers year-old into bed and she asked me the promise that America holds for all to call it ‘‘earned benefits.’’ quite simply, Why are you not here of us, are the ones that are being at- The long and the short of it is that during the week, Daddy? And I had to tacked now. And they are not being at- the mandatory spending that’s going tell her, It’s because I am trying to tacked with facts; they are being at- on needs to be addressed. What we’ve make the country a better place for tacked with fear. done in this budget is try to address you and your brothers and sisters. She I have friends who are Democrats, what’s going on in terms of the manda- said, Is it working? I said, I certainly but I would ask them to please, if you tory spending. There is no question hope so. We’re going to do everything can’t confuse them, then try to con- that it’s going to spiral out of control. we can to make sure that the next gen- vince them. If you don’t have the right It’s growing at a rate of 7.2 percent eration has a better and stronger facts, then quit using fear. And if each year. It’s growing by leaps and America than the one that you and I they’re going to use fear to make these bounds and will eventually take over know today. people not able to sleep at night, to the entire Federal budget. So it is time for us to have this con- make it uncomfortable for them to lay So we have to talk about Medicare. versation. It is time for us to step up. their head on the pillow at night, the We talk about saving Medicare, which And I certainly want to thank the gen- same people that have done so much to is critically important. In Lake Coun- tleman from Arkansas for putting this make the country great, if you are ty, part of my district, trying to find a time together. I look forward to com- going to continue to lie to them and physician that’s willing to take addi- ing back up again and having some tell them, Those Republicans are going tional Medicare patients is very dif- more conversations about it. But the to take away your health care; they’re ficult to find. The Mayo Clinic in Ari- time is now. We cannot wait any going to take away Medicare; they are zona is recently saying that they’re not longer. going to take away Medicaid; they’re taking any more Medicare patients. Certainly taking time away from my going to ruin Social Security for you, This, to me, is alarming. business, from the employees and other please, please, play by the rules. Play What we need to be doing today is family members, and one of the reasons by the rules. Do what’s right. Do trying to come together to have a fact- that I decided to run—and I see my what’s right for America.

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3269 This is not about Republicans. This home. If you don’t want to fix it, if you Mr. GRIFFIN of Arkansas. Thank is not about Democrats. This is about don’t want to play by the rules, if you you, Mr. Speaker. Americans. And this is especially about don’t want to make America sleep safe- f seniors. I am one right now. My birth- ly again and sleep soundly, then go PRIVILEGED REPORT ON RESOLU- day was just the other day. I am 63 home. TION OF INQUIRY TO THE SEC- years old. I don’t think of myself as a There is a level of fairness that needs RETARY OF DEFENSE senior. But you know what? The folks to be played by. And I will tell you that I see after church on Sunday and this, I have never in my life been sub- Mr. MCKEON (during the Special who I have coffee with, they are sen- jected and have watched seniors been Order of Mr. GRIFFIN of Arkansas), iors. They are in their seventies and put through so much, and it’s not nec- from the Committee on Armed Serv- they are in their eighties, and to have essary. ices, submitted a privileged report to sit there with them and tell them, If it’s about your party, and if it’s (Rept. No. 112–77) on the resolution (H. We are not taking away your Medicare. about trying to convince them, then Res. 208) directing the Secretary of De- We’re the only ones that have a plan to doggone it, you’re using the wrong fense to transmit to the House of Rep- save it. message. Let’s make sure that we fix it resentatives copies of any document, for the future, because it’s there for record, memo, correspondence, or other b 1820 our seniors, and it’s there for our chil- communication of the Department of We are not taking away your Social dren. Defense, or any portion of such com- Security. We’re the only ones that Mr. GRIFFIN of Arkansas. Thank munication, that refers or relates to have a plan to make sure it’s safe. If we you very much for that. any consultation with Congress regard- can’t be honest, if we can’t look each I now yield to the lady from New ing Operation Odyssey Dawn or mili- other in the eye and say that we are York. tary actions in or against Libya, which here to fix it, that we are here to make Ms. HAYWORTH. Mr. Speaker, I was referred to the House Calendar and America have the stability that it once want to commend my colleagues from ordered to be printed. had; if we can not tell our seniors, it’s South Carolina and from Arkansas for f okay folks, we’re not going to take putting together this hour, which is of anything from you, we’re going to so much value. THE ECONOMY AND THE work together to get it fixed—and this I am here as a physician who’s also a STABILITY OF THE MIDDLE CLASS is the thing that bothers me. After lis- Member of Congress. I’ve had the privi- The SPEAKER pro tempore. Under tening to those folks today on the lege of taking care of elderly patients the Speaker’s announced policy of Jan- phone, I am convinced that there is for 16 years in private practice and in uary 5, 2011, the gentleman from New something seriously wrong within this hospital settings, and I have two par- York (Mr. TONKO) is recognized for 30 House. ents whom I cherish who have been minutes. Mr. DUNCAN of South Carolina. Will Medicare recipients for many years. Mr. TONKO. Mr. Speaker, the oppor- the gentleman yield? And the facts of the case, as our col- tunity this evening for the Democratic Mr. KELLY. I will yield. league from Pennsylvania has aptly Caucus in the House to address this Mr. DUNCAN of South Carolina. You pointed out, we have to go by the facts budget and to go forward with a discus- know, you hit a point that seniors are of the case. And as a doctor, that’s sion on our stand on the issues and so- thinking about. They’re thinking that what we always did, and approach lutions that we’re proposing is an im- they’re on a fixed income. They’re them with compassion and sensitivity portant opportunity for us to be able to looking at rising prices, whether it’s at to be sure. dialogue here amongst each other on the gas pump—we talked today about But the facts of the case are that we the House floor and also to share that solving American energy issues, but currently have roughly 10,000 Ameri- messaging with the viewing public. they’re thinking about the rising com- cans, baby boomers, now entering Certainly, the general public out modity prices. Medicare eligibility every day. On av- there is watching many of these pro- I brought with me a bank note, this erage, each of them will have contrib- posals. They are concerned about the is an official currency note from the uted approximately $110,000 in payroll stability of the middle class. They’re Bank of Zimbabwe. If you look at it, taxes over their lifetimes, and that’s a concerned about the economy, con- and I know it’s going to be difficult, lot of money. There’s no question. But, cerned about job creation. but it’s a $100 trillion bank note. A Medicare will spend, on average, it’s We are now well into the 112th ses- Wall Street Journal article said, How projected, approximately $330,000 on sion of Congress. We watch as many to turn $100 trillion into $5 and feel their care. As all of us can tell, unfor- weeks and months have passed without good about it. It’s worth about $5 on tunately, that’s not something that we one single measure that would increase eBay. They quit printing them in 2009. can sustain. That’s not something that jobs in this country coming before the It drives home the point that the our children and our grandchildren will House. Nothing that deals with the policies of this administration are in- be able to pay for. That is what is economy, nothing that deals with the creasing the cost of commodities, the threatening the future for everyone, in- retention of jobs or the job creation cost of fuel, devaluing our currency, cluding our seniors and including all of situation has been produced here as and that applies to health care as well. us who will be senior citizens, Good legislation and voted upon on the Seniors are concerned. They’ve got Lord willing, by and by. House floor, a rather dismal track every right to be concerned. One thing We know that in the Affordable Care record when the clarion call, the mes- about the Republican budget, and one Act measures were taken to control sage that resonated from the voting thing that the gentleman from Arkan- the cost of Medicare. One of the meas- booth to these Halls of Congress on the sas is trying to point out, that we’re ures, in fact, took funding away from Hill in Washington was very clear: trying to solve the problems of this Na- Medicare, roughly half a trillion dol- Start growing the economy, stop tion here in this body. This Republican lars. So we know we need to do some- shrinking the middle class, and people freshman class is taking the bull by thing about it. are concerned about the opportunities the horns to bring home the issue to The way the Affordable Care Act ap- that will be passed by. As we walk the American people and let them proaches it is to have the Independent through these very difficult times, it is know we’re trying to solve these prob- Payment Advisory Board, or IPAB, about job creation and retention. lems. So I commend him. which is a board of bureaucrats that’s There’s also a concern that there has Mr. KELLY. I appreciate that. If I going to decide how money is spent on been this very strong attempt to make may, and I’m going to wrap up. We our seniors’ care. I, as a doctor, and as the comfortable even more comfortable came here for a cause. We did not come a daughter, would much prefer to see with the new Republican majority in here for a career. And if you cannot us have that choice. That’s why pre- the House. And we’ll talk about that. win the debate by using facts, and if mium support makes sense. Let’s talk about it. you have to use fear, then shame on The SPEAKER pro tempore. The We have a situation where people will you. Shame on you. Go home. Go time of the gentleman has expired. allow for corporate loopholes that cost

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3270 CONGRESSIONAL RECORD — HOUSE May 12, 2011 our economy money. They’ll allow for Let me just hold up what the first has been outspoken on the House floor, a continuation of millionaires and bil- few days has produced. We have one and he has been outspoken in our cau- lionaires to receive tax cuts; they’ll ad- pile here of speaking out against the cus. It is a pleasure, Representative vance the reducing of Medicaid, where Medicare end. This is one copy. We CICILLINE, to have you here this two-thirds of those dollars go toward have yet a second pile all received in evening to talk about this Medicare sustaining the elderly in health care the first few days of people receiving situation and perhaps what you are settings; and they want to end Medi- their mailing. We saw those two bulky hearing in your district. care. And all of this is professed to be piles. This is the response in favor of. Mr. CICILLINE. I thank the gen- some sort of savings in Federal Govern- Well beyond 90 percent of the returns tleman for his kind words and for giv- ment. to date is: don’t mess with benefits. ing me an opportunity to be a part of Well, that is only part of the story. Now, mindful, when we were address- this discussion tonight and for your The real truth is that these savings ing the Affordable Care Act, when we leadership on your importance of pre- quickly dissipate. They’re gone be- were holding town forums, when we serving Medicare for seniors in this cause they are used as payment for tax were holding some 3,000 to 4,000 forums country. I hear from constituents in cuts for millionaires, handouts to the across this country discussing the my district about the importance of oil companies that sit on historic prof- health care reforms, how to improve it, strengthening and protecting Medicare. it that has been realized, $1 trillion what exactly is included, what the pri- To give you an idea of how important nearly in profit realized by the big oil orities ought to be, there were clarion this issue is in Rhode Island, more than companies of this Nation, and that is calls of ending Medicare, of death pan- 170,000 Rhode Islanders rely upon Medi- the vulgar outcome that has so infuri- els, and all sorts of risks to the seniors, care for a reliable, quality, and low- ated the middle class. and denying access and affordability. cost hospital and medical insurance as As I travel to my district, I hear re- Well, we proved that that was not the well as prescription drug coverage. peatedly about the concerns to end case, that it was misinformation. More than 65,000 seniors and people Medicare. People will say, we’re not This one walks right into that argu- with disabilities in Rhode Island rely ending it, we’re fixing it; that we’re ment, because it ends Medicare. It ends upon Medicaid coverage for their long- not really providing for an end, we’re Medicare and it turns it into a voucher term care. offering, at first what was a voucher, system, and it has everyone shopping When I participated in the debate, now it’s called ‘‘a transformation.’’ in the private sector insurance market and actually when I listened during the Look, as we shift risk from the gov- to get their coverage. We can’t allow debate on this very floor about the Re- ernment to the individual senior house- this to happen. publican budget proposal and about hold, we are ending a benefit that has We have seen, since the initiation of what it did to Medicare, my friends on lasted for some four and-a-half decades, Medicare, the growth in premiums in the other side of the aisle said this will that came about for the very reasons the private sector market, and that strengthen Medicare. And I thought, that seniors could not access an afford- equates to some 5,000 percent. That’s a how could they make that claim? Be- able health care plan, that there was huge increase. But there are friends cause I knew what their proposal did cherry-picking going on, that only the out there that helped to bring the was ending Medicare as we know it, as easiest to insure would be covered, that wrong candidates to this House, and I a guarantee for people 55 and under; those who might have come with some think it’s time for them to come for- and it ended this important safety net preexisting condition would be passed ward, as they believe, to get some sort and turned it into a voucher system for by, and where the notion of an afford- of return on that investment. our seniors. able health care insurance premium, a Well, we cannot afford to have that Now, I unfortunately no longer have policy that was unaffordable, was just investment come down onto the senior my grandparents; they have all passed. beyond the grasp of our Nation’s sen- community, because we know it will be But the idea that my grandmother or iors. And so it’s why the program grew devastating. So we are going to con- grandfather in their later years would in strength and popularity, and why it tinue to do battle to fight that Medi- have to go into the private insurance has provided stability for our Nation’s care issue. To end Medicare would be market and buy insurance because seniors. devastating to our Nation’s seniors. they would have lost the protection of Now, when we look at what’s hap- Can we make it stronger? Absolutely. Medicare is something which I think pening here, we’ll talk about the many Can we provide more stability? Abso- nobody should be prepared to accept. dynamics, but there are those who pro- What is even more disturbing is that fessed very boldly that what we’re lutely. That began in the ACA, the Af- what the Republicans passed in that doing here is exactly what the Con- fordable Care Act. We are going to con- budget when they ended Medicare as gress has in terms of an insurance pol- tinue to work on it. But seniors did not we know it also resulted in increased icy. tell me—and I talked to my colleagues, Well, Congress has about 72 cents of they did not tell colleagues across this costs for our seniors. See, the dif- its premium costs covered. With this Nation: go back to Washington. We ference is nothing in their proposal will plan, with this voucher plan initiated want to return to Washington. End our reduce costs of health care. That’s real- in this Republican budget approved in Medicare program. They said abso- ly what we need to do. We don’t need to this House, the Republicans suggest lutely the reverse, and they knew they shift the cost to our seniors and visit with their plan that it would be every were benefited by it. that problem upon them, because then 32 cents on a dollar covered with their There are a number of others that at- they have the burden of enduring addi- voucher program. And just what guar- tacked the middle class, working fami- tional health care costs. We need to ob- antee is there that the senior who lies of this country. We are going to viously eliminate fraud and waste and shops will, in fact, land a policy that work to make certain that there is not abuse, invest in wellness and preven- will cover them? So it’s very con- an attack on the middle class, because tion, invest in information technology, cerning. that attack drains worthy programs of all the things that will drive down We just recently did a mailing that dollars and then gets transferred over health care costs. But shifting the bur- informed people of the various reforms to payments for millionaire tax cuts, den to our seniors should not be the an- that are being proposed. We also solic- billionaire tax cuts, Big Oil handouts, swer. ited their input on what priorities they and corporate loopholes to be paid for. The nonpartisan Congressional Budg- believe we should hold in our hearts We are joined this evening by a very et Office—this isn’t Republicans and and minds here as we move forward, good friend who has entered the House Democrats. This is nonpartisan—they and we’ve received a great supply of in- this year as a freshman Member. He is said that this Republican budget, formation already in the very infant the former mayor of Providence, Rhode which was passed by the Republicans, days in responding. Island. He now represents Rhode Is- would actually increase health care land’s First Congressional District. He costs for our seniors, provide less costs b 1830 has been an outspoken voice. I am im- and be more expensive, and it would re- As they come in, they keep growing pressed with DAVID CICILLINE’s absolute store the doughnut hole and make pre- more and more one-sided. impassioned voice to save Medicare. He scription drugs more expensive for our

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3271 seniors. And in addition to that, when happened was that we are taking this Now, I was the insurance commis- you take their budget proposal in the moral compass that has been expressed sioner in California for 8 years, elected aggregate, it would add $8 trillion to by a program like Medicare and de- statewide by 34 million people to over- the deficit over the next 10 years. So it nouncing it, saying that, look, go fend see, to regulate the insurance compa- doesn’t even reduce the deficit. for yourself, find your program. nies. And in that process we were look- We all recognize we have got to re- What I find most generous about my ing and watching the Medicare pro- duce the deficit; we have to cut spend- district seniors, and I’m certain this is gram. It wasn’t private insurance, but ing. We have to be serious about it, but across the country, coast to coast, they it was part of the health insurance sys- we can’t do it at the expense of our are saying: I’m not just talking about tem; and we knew that it worked. seniors, of protecting Medicare, myself or my generation. I am talking It is exceedingly efficient. It works strengthening Medicare so that our about my children and grandchildren. for less than 2 percent. You got a na- seniors have access to quality health We know what comfort, what security, tionwide insurance policy. Wherever care, and that’s a responsibility that what stability this brought our house- you are in America, you get the exact we have. hold. same insurance policy. Doctors know There are lots of ways that we have how to bill; hospitals know how to bill. 1840 to look at every part of this budget, b It is efficient; it is effective. It works. eliminate fraud and waste, get rid of What comfort does it bring to adult More than that, it is an expression of programs that don’t work, be serious children to know that their relatives, the basic goodness of America. about looking at our military spending their parents are sitting in a situation I was surprised, shocked, angered and what is happening in Afghanistan; that is responding with dignity? when the Republican budget came for- we are spending $2 billion a week or And when you talk about the prin- ward and proposed that Medicare be more than that now. Look at the bil- ciples, about the priorities, look at the terminated for all who want to live to lions of dollars that we are giving in road to ruin. They call it the ‘‘path to the age of 65. Terminated. Ended. That subsidies to big oil companies. They prosperity’’ with the Ryan plan with wasn’t all that the Republicans pro- proposed in their budget another tax the Republican budget. The road to posed. They proposed that not only cut for the richest Americans, the mil- ruin, as I refer to it, really takes would it be terminated, but that all fu- lionaires and billionaires. At the same money from our seniors on Medicare, ture Medicare enrollees would be given time, we are ending Medicare as we $4.3 trillion, that then goes and trans- a voucher worth about one-half the know it. It is the wrong priorities. We fers itself over to, guess what? $4.2 tril- cost of insurance and told to go to the can do better than this. Our seniors de- lion worth of benefits for Big Oil and insurance companies and buy a policy. Wait a minute. Wait a minute. Time serve better than this. millionaires and billionaires. I thank the distinguished gentleman So the scales are balanced in terms of out, Mr. Republican. Time out. What from New York for giving me an oppor- where the dollars are, but the real pain are you saying? You are going to take the population that has preexisting tunity to share my observation that here is that they get emptied from the conditions—there are very few that are Rhode Island seniors are depending on seniors’ coffers, programs that address 65 years of age that don’t have pre- me and this Congress to protect and a basic core need of health care, and existing conditions—and you are going strengthen Medicare. They expect us to then get emptied into the pockets of to turn them over to the most vora- deal with this deficit in a responsible millionaires and billionaires and Big cious sharks in this Nation, the health way, be serious about budget cutting, Oil. insurance companies? No way. No way. but maintain our commitment to our I know our friend from California, They are going to get chewed up, spit seniors. Representative JOHN GARAMENDI, who out and uninsured, or else charged a Mr. TONKO. Thank you, Representa- is always leading us on the floor with small fortune. This is the most un- tive CICILLINE. And, again, thank you wonderful, interesting discussion, has American, the most inhumane thing for your outspokenness, because we something to say about big oil compa- that could be imagined for seniors, for need to make certain that all of Amer- nies, and it speaks to this flipping from tomorrow’s seniors. We cannot let it ica is involved in this dialogue, because one side of the scale to the other, happen. where an equal amount of money found this is a critical tipping point in this Then, on top of that, in the very next Nation’s history. We can raid on the in savings by cutting the middle class, breath they proposed to continue bil- middle class and cut domestic pro- by cutting our seniors is now going to lions of dollars of subsidies, taking grams that feed their very heart and be spent. It is not savings. It was ac- money literally out of the pockets of soul, or we can do it intelligently, cruing the dollars necessary to just seniors and working men and women where we share the pain. transfer over in some sort of way and and giving it to Big Oil, who happens Speaking of sharing the pain, a budg- some sort of painful way that finds to have big profits, just as you have on et, as you indicate, is nothing more, itself with oil companies, millionaires your card up there. Not only Big Oil, nothing less than our values, our prin- and billionaires. but the wealthiest people in America, ciples, our priorities. And we have seen Representative GARAMENDI, please. people whose incomes are $1 million, where the priorities lie with the major- Mr. GARAMENDI. Mr. TONKO, thank $10 million, $1 billion a year income, ity of this House. They have said it is you very much for what you are doing, and give them an additional tax break, about Big Oil first; it is about cor- bringing up this critically important so that in 10 years it is $4 trillion of tax porate loopholes first. It is about mil- issue. As you were saying, nothing is breaks to the big oil companies and lionaires and billionaires first. The more important than the question of those, not millionaires, but those people now see this. They see this be- who we are as Americans and our val- whose annual income is in the millions. cause they know they are going to ues; what is it that we really care What is going on here? have to pay two times what they pay about and how do we structure, how do Mr. TONKO. Representative today for Medicare coverage out of we create a society that reflects those GARAMENDI, if you will suffer an inter- their pocket. They know it’s shifting values. ruption and yield, you talk about those risk from government to the senior cit- Before 1964, the largest segment of Big Oil profits. You talk about the tril- izen household, the senior citizen indi- the American population that was in lions they are willing to spend. And vidual. They know that, by the year abject poverty were seniors. They had then they have the audacity to say it is 2030, triple the amount of money, plus no health care. They couldn’t get in- a spending problem. the risk of going out there and making surance. They were basically the poor Well, where are we spending? We are certain that you can find a carrier that of the poor. But as a result of the fun- making the comfortable more com- will cover you, because they will put damental goodness of America, Medi- fortable. With those Big Oil handouts, your coverage at the whims of the in- care was created, a medical insurance up to 90 percent, according to studies surance company. If they want to cover program for seniors so that they would released, up to 90 percent are going to- some of your health care needs, they have available to them doctors’ serv- ward bonuses for executives in the oil will. If not, they won’t. And that is ices and hospital services. And it industry—up to 90 percent. What quan- really what will ache here. What really worked. tifiable societal good is there from

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If the gentleman will be terminated. ple put to work and public projects yield, I think what is just shocking is So not only are you taking the Medi- built that still serve us well today. that that claim was made today, and care program and ending it, giving the JFK investing in global technology to really what is un-American is to end seniors a voucher that is perhaps half win the space race. Those are examples Medicare. The reality is Medicare re- of the cost of a health insurance policy, of things that worked. LBJ promoting flects our values as a country. We de- you are eliminating the restrictions a Medicare program. Now we’re repeat- cided as a Nation that we wanted to en- that were placed on the insurance com- ing this driving the car into the ditch sure that our seniors in their final panies for discriminating against peo- scenario. Reaganomics and its trickle- years, that they have lived a life and ple that have preexisting conditions. down didn’t work. The Bush II Presi- played by the rules, done what is right, b 1850 dency and its cuts to the millionaire, that they can live with security and billionaire companies didn’t work. Why dignity and without the fear, the anx- So you’ve literally taken these peo- would we revisit that as we crawl out iety of worrying how they would have ple and thrown them to the sharks. On of the most painful recession and pro- access to basic health care, because we top of that, the rest of the proposal was pose ending Medicare—ending Medi- decided as a country that we wanted to to take the Medicaid program, which is care—denying dignity to our Nation’s ensure, to guarantee that our seniors health insurance for impoverished chil- seniors and avoiding the fundamental could live with dignity and with proper dren, and give a block grant to the responsibility of good government, effi- health care. State that’s worth about half of the cient government, which is what I The idea of ending that and requiring cost, a $700 billion cut out of that pro- think the voters asked for in Novem- them to go buy it with a voucher, that gram for children’s health care, and ber, not this sort of pain. is un-American. you say, What’s this? This is not us. Representative CICILLINE. Mr. TONKO. Right. And when you This is not America. These are harsh, Mr. CICILLINE. I thank the gen- look at the statistics, the median cruel programs that are being foisted tleman. In addition to that, the other household salary for our seniors is upon the American citizens. part of the Republican budget that $19,000; the average individual salary is Mr. TONKO. Representative passed in this Chamber was also to re- $19,000. When you look at the onerous GARAMENDI, if you will, that Medicaid store the doughnut hole; to make pre- outcome of having to reach for thou- cut also will impact the Nation’s sen- scription drugs more expensive for our sands more dollars out of your pocket iors because when they’re in institu- seniors and to eliminate the free pre- on a base of a median of $19,000, when tional settings we know about 66 per- ventative care. I know, from talking to we are looking at millionaires and bil- cent of the expenditure is for our sen- seniors in my own district, there are lionaires getting even more assistance, iors. Again, we understand the compas- too many seniors faced with a choice that is spending. So let’s not get off sion that is required. We know the of, do I buy my groceries, or do I buy track here. It is spending. American spirit to respond to those the prescription drugs that are nec- Where are we going to invest? Invest- who have served society so well. And in essary to keep me healthy. No senior in ing in health care, a basic core need, their golden years they need the assist- America should be faced with that when premiums in the last decade have ance. But every attempt that is being choice. And this bill, this budget that risen over 130 percent and where the made here, we have tried every which the Republicans passed, will raise pre- administrative costs of the private sec- way to inform the public of the attack scription costs for our seniors. tor and insurance are higher, where on Medicare, the attack on Social Se- Mr. TONKO. Thank you. they are much lower in Medicare, curity, to privatize Social Security. Representative GARAMENDI, we have where the advertising costs aren’t This is about giving Big Oil, big insur- about 4 minutes remaining in our one- there, where we know we have had cov- ance companies, big banks more busi- half hour here of dialogue. erage. And now we are going: here is ness. This is like cashing in on being Mr. GARAMENDI. I’ll take a light- your voucher payment. It is not going good to some people here. That is not ning minute here. to be indexed appropriately so that how this government should be guided. It really comes down to a question of: with time it becomes less and less valu- It should be guided on the principles of Where do you stand? Who do you stand able. providing the basic core needs in a way for? It’s very, very clear. If there’s ever This is the kind of un-American be- that’s most effective, most efficient. a dichotomy and a clear opportunity to havior that we are witnessing here and We have even attempted—the House see where you stand, it is in the Repub- that people get upset about saying was addressing the Republican version lican budget. Let’s be very clear. It ter- they are lies, they are fear tactics. of the budget. I introduced an amend- minates Medicare; gives seniors a This is what is happening. It ends ment on the Budget Committee where I voucher that is worth perhaps half of Medicare. serve and presented it before the Budg- the cost of insurance; takes $700 billion Once you remove the risk that falls et Committee, and it went down by out of Medicaid. And that is, as you with government and transfer it over party vote to stop the attack on Medi- said, the long-term care for seniors in to our Nation’s seniors, you have ended care, to end Medicare. There was an ab- nursing homes. And it continues the the core principle. When you deny a solute amendment that said, Let’s pull tax cuts for people whose income is given bit of certainty and stability to out ending Medicare from your budget millions, billions; continues the tax our seniors, you have ended Medicare. plan. It was denied. Then, I traveled to subsidies for Big Oil—$4 billion, $5 bil- When you are going to inflate the cost the Rules Committee and attempted lion a year to companies that have of health care, you have ended Medi- once more before the bill came to the made over a trillion dollars in the last care. And we have now taken that House, Let’s stop the effort to end decade. And just in this quarter, money and transferred it over to the Medicare. It was denied at the Rules Exxon, $10.7 billion; Oxy, $1.6 billion; big oil companies. Committee again with the Republican Conoco, $2.1 billion. This is one quar- Representative GARAMENDI. majority at the Rules Committee. ter, 3 months of earnings. Billions and Mr. GARAMENDI. Thank you for So now we’re visiting this situation. billions of dollars. And then they want yielding. If you add to that destruc- And the budget was approved in this to continue. tion, the termination of Medicare, the House with this raid on the middle Where do you stand? Do you stand for way in which the Republicans have al- class and the attack on the values of the working men and women, the sen- ready voted for on this floor to end the the middle class, of working families. iors, those people that need to be able Health Care Reform Act, which regu- It is really disturbing that the most to get health care, or do you stand for lated the insurance companies and said comfortable continue to get that effort the very, very rich and the big oil com- the insurance companies could no made their way. And especially when panies? The Republicans have made it

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3273 clear. There’s a difference here between nies are operating without competi- confiscate all the access to the market- where we stand as Democrats and tion, keeping their prices down, why place for the free market on student where they stand as Republicans. doesn’t the gentleman or others that loans and turn it completely into a Mr. TONKO. Thank you, Representa- might believe that engage in the health government-run operation because tive GARAMENDI. I appreciate you and insurance industry? they believed that somebody was mak- Representative CICILLINE joining in The President of the United States ing money off the interest, and they la- this important half-hour of discussion. made it very clear. He said he wanted mented that an average student loan But I can clearly state that no one that more competition in the health insur- when someone graduated from college I talked to in this House, no Represent- ance industry. He wanted to create a was in the area of maybe $20,000 to ative, was hearing advocacy to end government-run, government-owned $40,000. But it doesn’t concern them Medicare during our campaigns last health insurance industry as part of that their policy and the President of year. I didn’t hear one individual tell ObamaCare. And he didn’t realize, I the United States and the former me that—senior, non-senior. I didn’t don’t think, when he uttered that Speaker, NANCY PELOSI, and the major- hear anyone ask me to give more prof- statement, at least before ObamaCare ity leader of the United States Senate, its, more handouts, to big oil compa- was passed and began to knock the HARRY REID, the three of them, the rul- nies. I didn’t hear one person say, Pro- competition out of the way, that there ing troika, President Obama, NANCY tect the corporate loopholes for cor- were 1,300 health insurance companies PELOSI and HARRY REID, could get in a porations out there. I didn’t hear any- in America—1,300—and over 100,000 pol- phone booth and do what they would to one say, Hand more tax cuts to mil- icy varieties that one could choose America, and they have driven up this lionaires and billionaires. from depending on the State that you national debt and deficit to the point I did hear, Make my budget work at might live in. where it is appalling to the fiscally re- home. I need the basics. I did hear, I That’s a lot of companies, and sponsible Americans who pay their can’t survive with the situation as it they’ve all been shot down here with a bills on time with the paycheck that they have with the amount that’s left is. I did hear, We need jobs. I did hear, blanket allegation that they’re vora- after they pay their taxes and their Start growing our economy. Stop cious sharks. How can anybody be a vo- payroll. shrinking the middle class. racious shark if there are 1,300 compa- They want more government, more Well, evidently this majority was not nies to compete against and 100,000 taxes, more irresponsibility. They want listening. There was anger—undeniable policies to choose from? Surely, there’s the nonproductive sector of the econ- anger, understandable anger—that ex- something there that would satisfy the omy to feed on the productive sector of isted out there. But this is not this gentleman from the perspective of that the economy, and they stand here and quantification that they were looking array of variety that was available be- talk about a company that they claim for. They did not want to see this as a fore the President decided he wanted to made over, maybe the aggregate of all result, as an outcome. I think we need make the 1,301st insurance company be these companies, made over a trillion to continue to fight this effort to end the Federal Government and perhaps dollars in profits in the last decade. I’d Medicare, and we’re going to continue give us a half-dozen or so policy vari- like to see that data. And perhaps, if that fight. eties with a community rating that they have anybody on that side of the With that, I thank the gentlemen for compressed it down, that raises the aisle that’s ever actually engaged in joining me in this half hour. health insurance premiums for the business, they would do a calculation I yield back the balance of my time, youngest, lowest income people among to see what the return on investment Mr. Speaker. us, and subsidizes the premiums for the was, what was the capital investment f highest income people among us. that returned that kind of an invest- OBAMACARE b 1900 ment, if those numbers would actually hold up under scrutiny, and I suspect The SPEAKER pro tempore (Mr. That’s ObamaCare, Mr. Speaker, and they won’t. Then, if they’re going to do BERG). Under the Speaker’s announced it clearly is. The gentlemen seemed to a legitimate measure, they would also policy of January 5, 2011, the gen- have forgotten what they all worked take a look and see what have been the tleman from Iowa (Mr. KING) is recog- together to do to America over the last windfall profits of the Federal Govern- nized for 30 minutes. 19 months. They worked to impose ment in collecting royalties off the Mr. KING of Iowa. It’s a privilege to ObamaCare on 300 million Americans, product that has been produced by be recognized to address you here on 306 or so million Americans, and they these companies that are doing high- the floor of the United States House of come here on the floor tonight to talk risk exploration in deep waters to Representatives, in this great delibera- about the effort on the part of Repub- make sure, yes, for a profit—they tive body. I came here to talk about a licans to try to save this Republic from should have a profit—but they also are different subject matter. But after I the voracious appetite of government, making sure that there is cheaper en- listened to my colleagues for a little the voracious shark of government ergy here in the United States cer- while, I believe it’s pretty important that feeds upon the sustenance of the tainly than there would be otherwise if that we set some of this record American people, that puts into debt we didn’t have these companies explor- straight. I don’t know where they every single person, every man, woman ing for oil in places like the gulf coast would be satisfied. It seems as though and child in America, and puts the and up in the Bakken region, and if we the attack is on anybody that’s in free mortgage on their head the day they didn’t have some kind of support here enterprise and the support goes to any- are born. in Congress to open up offshore drill- thing that is government. Anything Last fall, I talked about my grand- ing, drilling on the non-national park that raises taxes and grows govern- daughter, my most recent grand- public lands in America. ment is good, and anything that taxes daughter, Reagan Ann King. She’s We’re an energy-rich nation. We have free enterprise, and especially profits— about 7 months old now, 6 to 7 months a large share of the world’s energy and those evil profits—are bad. That’s the old. On the day she was born, her share a smaller percentage of the world’s theme that I hear from the gentlemen of the national debt was $44,000. Wel- population, and we have that energy, I who spent the previous half hour or come to America; welcome to the suspect, because we’ve actually ex- hour demagoguing the issue of Big Oil world; welcome into life. You owe plored for it, identified it, measured it and big insurance companies. This is Uncle Sam $44,000, and the interest is and quantified it. But, of course, that particularly appalling to me when I building. The interest is building, and stuff escapes the people on the other walk in here on the floor and I hear a this young lady is going to have to side that are making these arguments statement made by the gentleman from work a long time to pay that off. for political reasons. California saying this: You’re going to I hear the same Members over here, The talking points of the Democrats turn them over to the most voracious at least from the same party, talking are now, demagogue the Republican sharks in the country—the health in- about the average debt that a college budget, attack the Republicans and ac- surance companies. Well, if it happens graduate has, that student loans are cuse them of threatening senior citi- to be that the health insurance compa- costing too much money. They had to zens, and they completely deny the

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3274 CONGRESSIONAL RECORD — HOUSE May 12, 2011 fact that people 55 and up in the Re- that’s false. No matter how many petition, and if these companies have publican budget are expressly pro- times it’s repeated, they know that such a market share and such an ad- tected from any kind of budgetary that’s false. You can’t get more for vantage that now they can take unrea- changes. It is truly an entitlement for less. Things cost money. sonable profits from the marketplace, those 55 and up. And they could understand this. That somebody’s going to get in the market I’m not going to take the stand that if you take the 306 or so million Ameri- and they’re going to start a bank and we should then transfer that all the cans and if you’re concerned that there oil company or insurance company. way down and guarantee my little is a percentage of them that are unin- But here’s what I’m for within the granddaughter, Reagan Ann King, that sured, we should only be concerned area of health insurance. I want to her anticipated Medicare and Social about the Americans that were unin- allow people to buy insurance across Security benefits will be what she ex- sured and remain uninsured, I might State lines. I want the people in New pects them to be on the day she’s born add, that don’t have affordable options. Jersey, the young man that’s buying a with her $44,000 worth of national debt If Bill Gates is uninsured, I don’t typical policy, in good health, roughly that she has to pay off. Are we going to have any heartburn over that. Bill at age 23, for $6,000 a year—that’s be- guarantee her that she gets her retire- Gates can manage his own health care. fore ObamaCare passed—I want him to ment benefits under Social Security in He can be self-insured. He may well be, be able to go to Kentucky and buy that the amount that has been calculated in for all I know. If Warren Buffett is un- similar typical policy for a 23-year-old the actuarial tables and a promise? Is insured, I’m not concerned about that. healthy male in Kentucky for about that an entitlement? Are we going to He can manage his own health care. If $1,000 a year. Isn’t that a good solu- guarantee her the level of Medicare? somebody that’s making $174,000 is un- tion? That way your 1,300 health insur- Are we going to take away any incen- insured, I’m not concerned about that ance companies that we had are com- tive for all children born in America to person because they’re making enough peting all against each other instead of establish themselves, to protect them- money to take care of their own health being isolated within the States, oper- selves, to plan for their own retire- insurance. And on down the line. To ating under individual State mandates. ment, their own future, and perhaps be what level? And they can then afford policies that responsible enough to take themselves But the people that they’re trying to can have higher deductibles, higher co- off the entitlement rolls so that there argue were uninsured, this larger num- payments and significantly lower pre- can be a future for America? ber of around 46 million uninsured miums. This economy collapses unless we ad- Americans, when you start subtracting And I want to see people get off the dress it. If we don’t have the will, if from that those that are eligible for entitlement rolls, both of Social Secu- we’re going to listen to this kind of Medicaid but don’t bother to sign up, rity and of Medicare, and this can be talk and cower before that and mis- those that are eligible under their em- done. And, Mr. Speaker, I will take you direct the American people with state- ployer but opt out, those who are here quickly down the path of how we get ments that clearly cannot be supported in the United States illegally. I don’t there with Medicare and HSAs. by the facts and think somehow there’s want to cover them, Mr. Speaker. As Under the HSA legislation that was a solution, my question is: What’s your you begin subtracting from the 46 mil- passed in 2003 under Medicare part D, a solution? More debt, more deficit, more lion and you get down to the number of young couple, let’s just say, they pre- demagoguery? For what? You’ll put those Americans that are uninsured sumably fell in love and got married at America into debt to exchange it for and do not have affordable options, age 20 and went to work on their life’s more political power? We saw what you that number turns out to be not 46 mil- work. I can do the math work with did with political power and the Amer- lion but 12.1 million. That’s making round figures. And over the course of 45 ican people rejected it in a resounding $75,000 or less. That’s the measure. years of work, from 20 until 65, they election just last November, and the Those who are uninsured and don’t maxed out on their health savings ac- large super-Democrat majority in this have an affordable option. count. They started at $5,150 a year for Congress turned completely over to a Now, 12.1 million is still a lot of peo- that couple, and then it grows by COLA large Republican majority instead. ple, but it only amounts to less than 4 on up and just continues as long as Eighty-seven freshmen Republicans. percent of the U.S. population. And there is a cost-of-living allowance that You should be able to understand, none ObamaCare completely transforms the increases it. And if you subtract from of them got elected because they want best health care system in the world, that amount $2,000 a year that would to grow government or increase the the best health care delivery system in come out of their health savings ac- debt and deficit. Not one. Every one the world, and the best health insur- count in what we might call typical ex- ran on the repeal of ObamaCare. ance system in the world to try to get penses of health care, going to the doc- While I’m on the subject, Mr. Speak- at a small percentage of the less than tor, doing those things that you don’t er, I would make this point. Of all that 4 percent of Americans who were unin- want to put on your insurance policy was said about what it is that allegedly sured without affordable options. and if you compounded the balance of Republicans would do with seniors, What do we have today? Do you hear that health savings account at 4 per- here’s what ObamaCare exactly does any Democrats coming to the floor to cent, which is historically accurate— with seniors. It cuts Medicare by $532 tell us how many people are uninsured and I did this math before we had the billion, a direct assault on seniors, a in America after ObamaCare was downturn over the last 21⁄2 years—it direct assault on their Medicare. Now. passed? comes up to this. It’s not a delay. It’s as soon as they can That couple would arrive at Medicare get this monstrosity implemented, and b 1910 eligibility age 65 with a health savings they believe that they’re going to take I can offer this guarantee. It’s more. account that had $950,000 in it. $950,000, that money and roll it over into some- There are more that are uninsured Mr. Speaker. Now, the liability, the thing else, and it was part of the smoke today than there were on the day that present value, present negative value and mirrors to come up with a CBO ObamaCare was passed because more of an individual that arrives at Medi- score that they could allege that it was employers became more doubtful about care eligibility age today is about actually going to be a money saver. what it would be that would be im- $72,000. That’s the average that the But the American people threw a lot posed upon them. There are fewer em- Federal Government would be paying of people out of office last November ployees today than there would be if for health care benefits for the dura- because they knew when the President ObamaCare had never passed because tion of the life of the individual after of the United States, the Speaker of the companies don’t have the con- they reach 65 Medicare eligibility, the House and the Majority Leader all fidence that they can operate within $72,000. So the couple then would be at say the same thing, we’re going to in- the environment of an implemented $144,000, and you have to adjust it for sure 30 million more people with ObamaCare. inflation, but I just go without tonight ObamaCare and it’s going to be at no And I listen to demagoguery on big for the purposes of mental figuring. cost, 30 million more people insured at insurance companies, Big Oil, big So you would take the $950,000 and no cost, the American people know banks. Well, America is set up on com- you subtract $144,000 to take care of

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3275 what would be the premium for a Medi- plete, uttered by the President of the effective. But if you’ve got effective care replacement policy, a paid-up United States? I have a few data points fencing at 14.3 of the 2,000 miles and Medicare replacement policy similar to I think he should go back and revisit. within 220 yards of that triple fencing— an annuitized health care plan for life. One of them is, Mr. President, there and by the way, there is triple fencing And now you’re in this area of—let’s are 2,000 miles of southern border, in El Paso—the President is standing just say $806,000 would be the balance about 4,000 miles of northern border. within 220 yards of triple fencing in El in your health savings account, But just dealing with the southern bor- Paso, arguing that the fencing is basi- $806,000. And what’s the Federal Gov- der, 2,000 miles of southern border. cally complete, and he’s ridiculing ernment’s interest in that health sav- Now, whatever it was that Janet Americans who want border security ings account after that point? They Napolitano told you, Mr. President, by saying—now I’m just going to in- want to tax it as regular income as it here are the facts on the border fence clude myself in this—that we’ll never comes out of that account as being as of today, as constructed. Out of the be satisfied, that we keep raising the spent by the individual, or they want 2,000 miles, there are 350 miles of pedes- bar. Well, no. I always set the bar up to tax it as death tax later on if the trian fence. That’s called primary fenc- pretty high. I don’t think I need to people, once they pass away, to tax it ing. That’s a fence that you don’t just raise it. on the way to their heirs, the death walk through. It’s a bit of a barrier. It reminds me of the way Margaret tax. They get climbed all the time, but it’s Thatcher once responded to a student Why wouldn’t this Federal Govern- a single fence. Often it’s a chain-link when she was in Iowa and she was ment offer to the people that have fence. I don’t know if they’re referring asked the question, What have you their health savings account, why to the barbwire fence. I suspect not, be- changed your mind on since you left of- wouldn’t it offer them this? Buy a cause I think actually we’ve got a lit- fice? She thought a little bit, and she Medicare replacement policy, and you tle bit more of that on the border. Even said, Goodness. I was in office 111⁄2 can keep the change tax free and you the Federal Government, the Depart- years. My principles were very soundly can will it to your children or you can ment of Homeland Security claims the based. I saw no reason to change them. use it as a pension plan. primary fencing, pedestrian fencing is Well, the principle that I’ve laid out Now, we’re already solving this situa- 350 miles out of the 2,000 miles. Now, for border security, as far as infra- tion of Social Security, Medicare by al- they add this all up and they say we’ve structure on the border, is this: We’ve lowing HSAs to grow and let people got all of these miles of fencing, but if got 2,000 miles on the southern border manage their own lives. That’s the it’s double fencing or triple fencing, through which comes 90 percent of the kind of thing that we need to have they count each mile of it even if it’s illegal drugs consumed in America. I going on for solutions, not dema- layered. Then, if that’s the case, it’s all don’t suggest that we have to build goguery, not trying to conflate the phi- done, it’s a triple fencing, then we’ve 2,000 miles of triple fencing. I want to losophy of a budget that’s designed to got 6,000 miles of fence, Mr. Speaker, build a fence, a wall, and a fence. Yes, get us to balance. but that isn’t the case at all. that’s effective. It’s cost-effective as Where’s your balanced budget over Here’s the comparison. 350 miles of well. I only suggest that we build that there on that side of the aisle? Is there primary fencing or pedestrian fencing. fence until they quit going around the a single one of you that will stand up Now, we know that a single fence end, Mr. Speaker. That will be the and tell me that you have offered a bal- doesn’t do us a lot. It slows some traf- measure. That’s how we’ll know if it’s anced budget? You didn’t even offer a fic down and it gives a line of demarca- effective. If they’re going around the budget when NANCY PELOSI was Speak- tion. Double fencing slows them down a end, we’ll extend it a few more miles. If er the last year or two here, and now lot better, and it sets up kind of a no they keep going around the end, we’ll you’re here attacking this budget. You man’s land we can patrol and some- keep building. If the illegals are still don’t have a plan. You don’t have a times catch illegals inside of that be- entering the United States, then we’ll platform to stand on to criticize this fore they climb the second fence and go build it from Brownsville all the way platform, and you had plenty of oppor- off into the underbrush. up to San Diego or to Tijuana if you tunity to offer your own. But there’s So of the secondary fencing they prefer. no balanced budget that’s being offered have, there’s not 350 miles of that. Re- The President said the fence is basi- on this side of the aisle. That’s clear. member, 2,000-mile border. Secondary cally complete, that he’s basically got That’s why no one responds to me, or fencing, 36.3 miles. Now, remember the 14.3 miles of completed fencing on 2,000. I’d yield to someone who wanted to al- primary fencing, 350 miles; the sec- I don’t think anybody is going to think lege that Democrats offered a balanced ondary fencing, 36.3 miles. I’m going to that that’s a very basic completion. I budget. If they did, it would be with— tell you that we don’t have a lot of ef- should have, perhaps, done this math, what’s that word? The voracious shark fectiveness until we get to at least the but if I just do 14.3 miles and if I divide of tax increases would be what would secondary fencing component of this. that by 2,000 miles, I get—let me see— happen, Mr. Speaker. So of 2,000 miles of border, 36.3 miles seven-tenths of 1 percent of comple- So I think perhaps we’ve dispatched of secondary fencing, 36.3 miles is kind tion. That would be the President’s what took place in the previous half of what you can say is somewhat built, idea of basically complete. Seven- hour or an hour, and I will then now, but a lot of it requires also triple fenc- tenths of 1 percent of the entire 2,000- without segue, transition into the sub- ing. And I’ve been down to visit the tri- mile border has triple fencing on it and ject matter that I came here to talk ple fencing, and that exists in a num- 21⁄2 times more than that, so maybe about. That’s this. ber of places and it exists very effec- you’d have, oh, let’s say, 18 or 19—1.9 Day before yesterday, I listened to tively in some areas of Arizona, in the percent completed if you’d just con- the President’s speech that he gave in southwest corner of Arizona, of course sider the double fencing instead of the El Paso, Texas, and it was surprising in on the Mexican border. triple fencing. a way, a bit shocking in a way. It was Now, when you look at the border, And the President is making fun of a political speech on immigration. I out of the 2,000-mile border, the fence people who might want a moat? mean, that’s clear. And the people that that is—they call it tertiary, that’s the I have a picture here. I’ve flown that analyzed it came to the same conclu- third layer of fence. I have 350 miles of within the last couple of months in a sion that I did, Mr. Speaker. primary fencing, 36.3 miles of double helicopter to evaluate the border, al- But as I listened to the President of fencing; and of that 36.3 miles, 14.3 most all of it, all the way from El Paso the United States, who was standing in miles are triple fencing. across all of New Mexico and almost all El Paso very near the border of the of Arizona—I know I’ve flown all of it United States, begin to ridicule people b 1920 at one time or another—and it oc- who want border security, well, first, The triple fencing, as far as I know, curred to me that the President was he uttered the breathtaking statement has never been defeated by anyone. standing pretty close to the moat at that the border fence is, quote, basi- They go around it. They may tunnel the time, 220 yards away from right cally complete, close quote. Mr. Speak- under it sometimes, but they’ve not de- there at the border. Not only does it er, the border fence is basically com- feated the fencing, and it’s been pretty have the triple fencing that Janet

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE H3276 CONGRESSIONAL RECORD — HOUSE May 12, 2011 Napolitano made fun of—she said, If I just sat down and had a discussion forcement who put their lives on the you show me a 20-foot fence, I’ll show within the last couple of hours with line every day for this great Nation, you a 21-foot ladder—but in El Paso, Tiffany Hartley, whose husband was a just like our troops, and the President here’s what we have: victim of the vicious murder out on the invited to the White House someone We have the Rio Grande River, moat jet skis on Falcon Lake, which is just who supports and glorifies a convicted No. 1, with water in it, flowing down. north of McAllen, Texas, on September killer of a police officer—an officer who You have a fence. You have a patrol 30 of last year. volunteered to protect his community. road. You have another fence. Then The tragedy of his death, the unwill- He was a husband and a father. The you have a canal that has a fairly fast ingness on the part of this administra- loss was not only to that community current in it and a lot of water with tion to go in and investigate his death, but to America. concrete sides and bottom. Then you to find the perpetrators who killed her Our law enforcement officers are the have another fence, so you have triple husband, and come to the truth of that first line of defense for America. Mr. fencing. If anybody is going to come incident is inexcusable and unconscion- President, can you not see what this into the United States into El Paso, able. The Justice Department needs to means to the people who put their lives they’ve got to get across the river— drill in with this. They need to turn up on the line every day? It’s a slap in the sometimes swim, most of the time their diplomatic pressure. The State face—sum total or not. Department, Hillary Clinton, needs to wade—climb a fence, avoid the Border f Patrol that has a patrol road and sta- connect with the Mexican consul. Let’s tions posted along inside the column of get to the bottom of this. Let’s get the ADJOURNMENT the two fences, climb a second fence, facts as they stand. Let’s find out who Mr. NUGENT. Mr. Speaker, I move get into the canal, swim the canal, get investigated what and when, and let’s that the House do now adjourn. up over the top of the next fence and take a look at the communications as The motion was agreed to; accord- into El Paso. they go back and forth so we can get a ingly (at 7 o’clock and 30 minutes Mr. President, it’s not happening in sense of the level of focus that maybe p.m.), the House adjourned until to- El Paso because fences work. By the existed or maybe didn’t exist. morrow, Friday, May 13, 2011, at 9 a.m. I’m calling upon Eric Holder to take way, the natural water streams there f have been really useful as well, and I a look at the murder of David Hartley. think that, if I had any staff that stood Do so for Tiffany. Help her get some EXECUTIVE COMMUNICATIONS, me up within 220 yards of a structure closure. ETC. Thank you, Mr. Speaker. I yield back like that to make fun of it, I’d prob- Under clause 2 of rule XIV, executive the balance of my time. ably have different staff the next day. communications were taken from the I hope he takes note of that, Mr. f Speaker’s table and referred as follows: Speaker. I make these points that the A SLAP IN THE FACE TO LAW EN- 1552. A letter from the Congressional Re- immigration situation in the United FORCEMENT OFFICERS—SUM view Coordinator, Department of Agri- States is this: TOTAL OR NOT culture, transmitting the Department’s final We have a GAO study, and this study rule — Gypsy Moth Generally Infested Areas; The SPEAKER pro tempore. Under that just emerged here a few weeks ago Additions in Indiana, Maine, Ohio, Virginia, the Speaker’s announced policy of Jan- West Virginia, and Wisconsin [Docket No.: tells us that there are a number of peo- uary 5, 2011, the gentleman from Flor- ple who die in the Arizona desert while APHIS-2010-0075] received April 20, 2011, pur- ida (Mr. NUGENT) is recognized for 30 sneaking into the United States. The suant to 5 U.S.C. 801(a)(1)(A); to the Com- minutes. mittee on Agriculture. loss of every one of those personal lives Mr. NUGENT. Mr. Speaker, I rise 1553. A letter from the Congressional Re- is a tragedy, and it’s of high proportion today to get something off my chest. view Coordinator, Department of Agri- to their families, but I began asking Last night, the President hosted a culture, transmitting the Department’s final the question: How many Americans die poetry event at the White House. The rule — Citrus Canker, Citrus Greening, and at the hands of those who do get into invitation of one of his guests has Asian Citrus Psyllid; Interstate Movement of the United States? That study report sparked a lot of anger, and let me ex- Regulated Nursery Stock [Docket No.: comes out and tells us this: APHIS-2010-0048] (RIN: 0579-AD29) received plain why. May 2, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); In the Federal, State and local pris- The musician wrote a song in which ons in America—and this is a very min- to the Committee on Agriculture. he vocally supports a convicted cop 1554. A letter from the Secretary, Air imum number. This is a floor, not a killer and her escape from jail. Oh, by Force, Department of Defense, transmitting ceiling. We know the number is higher. the way, she’s still at large, living in a report detailing an Average Procurement We know it’s no lower than this—there Cuba, living the good life. It may not Unit Cost and a Program Acquisition Unit are currently incarcerated 25,064 crimi- mean much to some, but I’ve got a seri- Cost breach for the Global Hawk program, nal aliens who were arrested for homi- ous problem with this. pursuant to 10 U.S.C. 2433(e)(1); to the Com- cide and who are currently incarcer- Before coming to Congress, I spent 37 mittee on Armed Services. 1555. A letter from the Under Secretary, ated in those prisons that I mentioned years as a cop. I lost friends in the line in the United States. That’s 25,064 Department of Defense, transmitting a re- of duty, and I’m not the only one. As port on Additional Assignment Pay or Spe- homicide victims at a minimum that we speak here right now, police offi- cial Duty Pay for Afghanistan, pursuant to we know of, and that’s some of the cers—thousands of them—are coming Public Law 111-84, section 619; to the Com- price for our not securing our border. to Washington, D.C., to go to the Law mittee on Armed Services. If we had 100 percent enforcement on Enforcement Officers Memorial. To- 1556. A letter from the Director, Defense our border and 100 percent enforcement morrow night, those men and women Procurement and Acquisition Policy, De- over people in the United States ille- will attend a candlelight vigil to honor partment of Defense, transmitting the De- partment’s final rule — Defense Federal Ac- gally, then theoretically at least all those law enforcement officers killed 25,000 of those people would be alive. quisition Regulation Supplement; Mini- in the line of duty. This is the 23rd An- mizing the Use of Materials Containing They would not be under the ground in nual Candlelight Vigil at the National Hexavalent Chromium (DFARS Case 2009- the United States—one coffin at a Law Enforcement Officers Memorial. D004) (RIN: 0750-AG35) received May 4, 2011, time, one obscure village at a time, one This year, it will also include a 36-year- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tragedy in a family at a time. It’s more old father of three, who was struck mittee on Armed Services. than 25,000, certainly, which is a num- down last Tuesday night. 1557. A letter from the Secretary, Depart- ber that soars when you think of it, a The White House press secretary said ment of Defense, transmitting a letter on the number of multiples of the victims of the President opposes the lyrics in approved retirement of Lieutenant General September 11, and we sit here and say, Glenn F. Spears, United States Air Force, question but that they do not represent and his advancement on the retired list in Well, you know, it’s only people who the sum total of the artist’s work. the grade of lieutenant general; to the Com- want to come here to make a better Mr. Speaker, I’m sure I don’t care. mittee on Armed Services. life. It’s not the point. 1558. A letter from the Chief Counsel, De- It’s not only that to the families who The point is that you’ve got thou- partment of Homeland Security, transmit- have lost victims to this. sands of men and women in law en- ting the Department’s final rule — Chances

VerDate Mar 15 2010 02:05 May 14, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD11\RECFILES\H12MY1.REC H12MY1 bjneal on DSK69SOYB1PROD with CONG-REC-ONLINE May 12, 2011 CONGRESSIONAL RECORD — HOUSE H3277 in Flood Elevation Determinations [Docket 1568. A letter from the Assistant Legal Ad- 1579. A letter from the Deputy Assistant ID: FEMA-2011-0002] received May 4, 2011, visor for Treaty Affairs, Department of Administrator, Office of Diversion Control, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- State, transmitting report prepared by the Department of Justice, transmitting the De- mittee on Financial Services. Department of State concerning inter- partment’s final rule — Self-Certification 1559. A letter from the Chairman and Presi- national agreements other than treaties en- and Employee Training of Mail-Order Dis- dent, Export-Import Bank, transmitting a tered into by the United States to be trans- tributors of Scheduled Listed Chemical report on transactions involving U.S. exports mitted to the Congress within the sixty-day Products [Docket No.: DEA-3471] (RIN: 1117- to South Africa pursuant to Section 2(b)(3) of period specified in the Case-Zablocki Act; to AB30) received May 2, 2011, pursuant to 5 the Export-Import Bank Act of 1945, as the Committee on Foreign Affairs. U.S.C. 801(a)(1)(A); jointly to the Committees amended; to the Committee on Financial 1569. A letter from the Chief Executive Of- on Energy and Commerce and the Judiciary. Services. ficer, Corporation for National and Commu- 1580. A letter from the Regulations Coordi- 1560. A letter from the Secretary, Depart- nity Service, transmitting the Corporation’s nator, Department of Health and Human ment of Health and Human Services, trans- annual report for FY 2010 prepared in accord- Services, transmitting the Department’s mitting Annual Report to Congress on Food ance with the and Federal Employee Anti- final rule — Medicare and Medicaid Pro- Facilities, Food Imports, and FDA Foreign discrimination and Retaliation Act of 2002 grams: Changes Affecting Hospital and Crit- Offices Provisions of the FDA Food Safety (No FEAR Act); to the Committee on Over- ical Access Hospital Conditions of Participa- and Modernization Act, pursuant to Public sight and Government Reform. tion: Telemedicine Credentialing and Privi- Law 111-353, section 201(b); to the Committee 1570. A letter from the Chairman, Federal leging [CMS-3227-F] (RIN: 0938-AQ05) re- on Energy and Commerce. Deposit Insurance Corporation, transmitting ceived May 4, 2011, pursuant to 5 U.S.C. 1561. A letter from the Director, Regu- in accordance with the provisions of section 801(a)(1)(A); jointly to the Committees on latory Management Division, Environmental 17(a) of the Federal Deposit Insurance Act, Ways and Means and Energy and Commerce. Protection Agency, transmitting the Agen- the Chief Financial Officers Act of 1990, Pub. 1581. A letter from the Acting Asistant cy’s final rule — Approval and Promulgation L. 101-576, and the Government Performance Secretary, Legislative Affairs, Department of Implementation Plans; Connecticut: Pre- and Results Act of 1993, the Corporation’s of State, transmitting a report on the vention of Significant Deterioration; Green- 2010 Annual Report; to the Committee on Millenium Challenge Corporation’s (MCC) house Gas Permitting Authority and Tai- Oversight and Government Reform. activities for fiscal year 2010, pursuant to loring Rule Revision [EPA-R01-OAR-2010- 1571. A letter from the Chairman, Federal Public Law 108-199, section 613; jointly to the 0996, A-1-FRL-9286-4] received May 4, 2011, Energy Regulatory Commission, transmit- Committees on Foreign Affairs, the Judici- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Commission’s annual report for Fis- ary, Ways and Means, Natural Resources, mittee on Energy and Commerce. cal Year 2010 prepared in accordance with and Oversight and Government Reform. 1562. A letter from the Director, Regu- Section 203 of the Notification and Federal f latory Management Division, Environmental Employee Antidiscrimination and Retalia- Protection Agency, transmitting the Agen- tion Act of 2002 (No FEAR Act), Public Law REPORTS OF COMMITTEES ON cy’s final rule — Multi-walled Carbon 107-174; to the Committee on Oversight and PUBLIC BILLS AND RESOLUTIONS Government Reform. Nanotubes; Significant New Use Rule [EPA- Under clause 2 of rule XIII, reports of HQ-OPPT-2009-0686; FRL-8865-2] (RIN: 2070- 1572. A letter from the Chairman, Occupa- tional Safety and Health Review Commis- AB27) received May 4, 2011, pursuant to 5 committees were delivered to the Clerk sion, transmitting the Commission’s annual U.S.C. 801(a)(1)(A); to the Committee on En- for printing and reference to the proper report for Fiscal Year 2010 prepared in ac- ergy and Commerce. calendar, as follows: cordance with Section 203 of the Notification 1563. A letter from the Director, Regu- Ms. ROS-LEHTINEN: Committee on For- and Federal Employee Antidiscrimination latory Management Division, Environmental eign Affairs. House Resolution 209. Resolu- and Retaliation Act of 2002 (No FEAR Act), Protection Agency, transmitting the Agen- tion directing the Secretary of State to Public Law 107-174; to the Committee on cy’s final rule — Revisions to the California transmit to the House of Representatives Oversight and Government Reform. State Implementation Plan, Imperial County 1573. A letter from the General Counsel, copies of any document, record, memo, cor- Air Pollution Control District (ICAPCD) Recovery Accountability and Transparency respondence, or other communication of the [EPA-R09-OAR-2007-1073; FRL-9292-4] re- Board, transmitting the Board’s Annual No Department of State, or any portion of such ceived May 4, 2011, pursuant to 5 U.S.C. FEAR Report to Congress for Fiscal Year communication, that refers or relates to any 801(a)(1)(A); to the Committee on Energy and 2010; to the Committee on Oversight and consultation with Congress regarding Oper- Commerce. Government Reform. ation Odyssey Dawn or military actions in or 1564. A letter from the Director, Regu- 1574. A letter from the Assistant Secretary against Libya; with amendments (Rept. 112– latory Management Division, Environmental of the Army, Civil Works, Department of De- 76). Referred to the House Calendar. Protection Agency, transmitting the Agen- fense, transmitting a reassessment of the al- Mr. MCKEON: Committee on Armed Serv- cy’s final rule — Revisions to the California location of Federal and non-Federal costs for ices. House Resolution 208. Resolution di- State Implementation Plan, San Joaquin construction of the Cerrillos Dam; to the recting the Secretary of Defense to transmit Valley Unified Air Pollution Control District Committee on Transportation and Infra- to the House of Representatives copies of [EPA-R09-OAR-2010-0430; FRL-9292-7] re- structure. any document, record, memo, correspond- ceived May 4, 2011, pursuant to 5 U.S.C. 1575. A letter from the Director, Regula- ence, or other communication of the Depart- 801(a)(1)(A); to the Committee on Energy and tion Policy and Management, Office of the ment of Defense, or any portion of such com- Commerce. General Counsel (02REG), Department of munication, that refers or relates to any 1565. A letter from the Director, Regu- Veterans Affairs, transmitting the Depart- consultation with Congress regarding Oper- latory Management Division, Environmental ment’s ‘‘Major’’ final rule — Caregivers Pro- ation Odyssey Dawn or military actions in or Protection Agency, transmitting the Agen- gram (RIN: 2900-AN94) received May 5, 2011, against Libya; with amendments (Rept. 112– cy’s final rule — WISCONSIN: Incorporation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 77). Referred to the House Calendar. by Reference of Approved State Hazardous mittee on Veterans’ Affairs. f Waste Management Program [FRL-9293-9] re- 1576. A letter from the Chief, Publications ceived May 4, 2011, pursuant to 5 U.S.C. and Regulations Branch, Internal Revenue PUBLIC BILLS AND RESOLUTIONS 801(a)(1)(A); to the Committee on Energy and Service, transmitting the Service’s final rule Under clause 2 of rule XII, public Commerce. — Applicable Federal Rates — May 2011 (Rev. bills and resolutions of the following 1566. A letter from the Assistant Secretary Rule. 2011-11) received April 27, 2011, pursu- for Export Administration, Department of ant to 5 U.S.C. 801(a)(1)(A); to the Committee titles were introduced and severally re- Commerce, transmitting the Department’s on Ways and Means. ferred, as follows: final rule — Editorial Corrections to the Ex- 1577. A letter from the Administrator, De- By Mr. LARSEN of Washington: port Administration Regulations [Docket partment of Homeland Security, transmit- H.R. 1858. A bill to reauthorize the North- No.: 100709293-1073-01] (RIN: 0694-AE96) re- ting the Administration’s certification that west Straits Marine Conservation Initiative ceived May 2, 2011, pursuant to 5 U.S.C. the level of screening services and protection Act to promote the protection of the re- 801(a)(1)(A); to the Committee on Foreign Af- provided at San Francisco International Air- sources of the Northwest Straits, and for fairs. port will be equal to or greater than the other purposes; to the Committee on Natural 1567. A letter from the Assistant Secretary level that would be provided at the airport Resources. for Export Administration, Department of by TSA Transportation Security Officers, By Mr. CAMPBELL (for himself and Commerce, transmitting the Department’s pursuant to 49 U.S.C. 44920(d); to the Com- Mr. PETERS): final rule — Wassenaar Arrangement 2010 mittee on Homeland Security. H.R. 1859. A bill to ensure the availability Plenary Agreements Implementation: Cat- 1578. A letter from the Secretary, Depart- of reasonably priced conventional mortgages egories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and ment of Health and Human Services, trans- to borrowers in all economic cycles by en- 9 of the Commerce Control List, Definitions, mitting a report entitled, ‘‘Status on Medi- couraging private sector capital to support Reports [Docket No.: 110124056-1119-01] (RIN: care Contracting Reform Implementation’’, the secondary mortgage market, limiting 0694-AF11) received May 4, 2011, pursuant to pursuant to Public Law 108-173, section the role of the Federal government and the 5 U.S.C. 801(a)(1)(A); to the Committee on 911(a); jointly to the Committees on Energy exposure of taxpayers, and other purposes; to Foreign Affairs. and Commerce and Ways and Means. the Committee on Financial Services.

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By Mr. SMITH of Texas (for himself, each case for consideration of such provi- LYNCH, Ms. WASSERMAN SCHULTZ, Mr. Mr. COHEN, Mr. COBLE, and Mr. sions as fall within the jurisdiction of the BRALEY of Iowa, Mr. VAN HOLLEN, HASTINGS of Florida): committee concerned. Ms. NORTON, Mr. AL GREEN of Texas, H.R. 1860. A bill to promote neutrality, By Mr. GEORGE MILLER of California Mr. DOYLE, Ms. HIRONO, Mr. simplicity, and fairness in the taxation of (for himself, Mr. KILDEE, Ms. HIRONO, LOEBSACK, Ms. WILSON of Florida, Mr. digital goods and digital services; to the Mr. GRIJALVA, and Mr. LOEBSACK): BOSWELL, Ms. ZOE LOFGREN of Cali- Committee on the Judiciary. H.R. 1867. A bill to amend title IV of the fornia, Mr. MCDERMOTT, Mr. CON- By Mr. MURPHY of Pennsylvania (for Employee Retirement Income Security Act YERS, Ms. JACKSON LEE of Texas, Mr. himself, Mr. WALZ of Minnesota, Mr. of 1974 to require the Pension Benefit Guar- HASTINGS of Florida, Ms. CHU, Ms. SHUSTER, Mr. COSTA, Mr. PAULSEN, anty Corporation, in the case of airline pi- BALDWIN, Mrs. NAPOLITANO, Mrs. Mr. DONNELLY of Indiana, Mrs. lots who are required by regulation to retire MALONEY, Mr. ELLISON, Mr. HONDA, CAPITO, Mr. STIVERS, Mr. CRITZ, Mr. at age 60, to compute the actuarial value of Mr. STARK, Mr. HEINRICH, Mr. MEEHAN, and Mr. BOSWELL): monthly benefits in the form of a life annu- KUCINICH, Ms. SUTTON, Mr. H.R. 1861. A bill to greatly enhance Amer- ity commencing at age 60; to the Committee CARNAHAN, Mr. VISCLOSKY, Mr. ica’s path toward energy independence and on Education and the Workforce. PIERLUISI, Ms. RICHARDSON, Mr. economic and national security, to conserve By Mrs. CAPITO (for herself, Mr. GUTIERREZ, Mr. TOWNS, Mr. KILDEE, energy use, to promote innovation, to CRITZ, Mr. BUCSHON, Mr. TERRY, Mr. Mr. CUMMINGS, Mr. DAVIS of Illinois, achieve lower emissions, cleaner air, cleaner RAHALL, and Mr. HOLDEN): Mr. THOMPSON of Mississippi, Ms. water, and cleaner land, to rebuild our Na- H.R. 1868. A bill to require the inclusion of WOOLSEY, Ms. CLARKE of New York, tion’s aging roads, bridges, locks, and dams, coal-derived fuel at certain volumes in avia- Ms. BASS of California, Ms. PINGREE and for other purposes; to the Committee on tion fuel, motor vehicle fuel, home heating of Maine, Mr. DEUTCH, Mr. Natural Resources, and in addition to the oil, and boiler fuel; to the Committee on En- BLUMENAUER, Mr. DOGGETT, Mr. Committees on Oversight and Government ergy and Commerce. LANGEVIN, Mr. WATT, Mr. FRANK of Reform, Energy and Commerce, Ways and By Mr. LARSON of Connecticut (for Massachusetts, Mr. SARBANES, and Means, Science, Space, and Technology, himself, Mr. ROSKAM, Mr. POLIS, and Mr. RYAN of Ohio): Transportation and Infrastructure, the Mr. PAULSEN): H.R. 1873. A bill to amend title 9 of the Budget, the Judiciary, Rules, and Education H.R. 1869. A bill to amend the Internal Rev- United States Code with respect to arbitra- and the Workforce, for a period to be subse- enue Code of 1986 to establish lifelong learn- tion; to the Committee on the Judiciary. quently determined by the Speaker, in each ing accounts to provide an incentive for em- By Mr. BISHOP of Utah (for himself, case for consideration of such provisions as ployees to save for career-related skills de- Mr. CHAFFETZ, and Mr. MATHESON): fall within the jurisdiction of the committee velopment and to promote a competitive H.R. 1874. A bill to amend title 5, United concerned. workforce through lifelong learning; to the States Code, to increase the maximum age By Mr. BILBRAY (for himself, Ms. Committee on Ways and Means, and in addi- limit for an original appointment to a posi- DEGETTE, Mr. DENT, Mr. GERLACH, tion to the Committee on Education and the tion as a Federal law enforcement officer in Mr. HOLT, Ms. FUDGE, Mr. Workforce, for a period to be subsequently the case of any individual who has been dis- BUTTERFIELD, and Mr. LANGEVIN): determined by the Speaker, in each case for charged or released from active duty in the H.R. 1862. A bill to launch a national strat- consideration of such provisions as fall with- armed forces under honorable conditions, egy to support regenerative medicine in the jurisdiction of the committee con- and for other purposes; to the Committee on through funding for research and commercial cerned. Oversight and Government Reform. development of regenerative medicine prod- By Mr. CONNOLLY of Virginia (for By Mr. CICILLINE (for himself, Mr. ucts and development of a regulatory envi- himself, Mr. BISHOP of New York, Mr. LARSON of Connecticut, Mr. BISHOP of ronment that enables rapid approval of safe WAXMAN, Mr. MARKEY, Ms. ESHOO, New York, and Mr. CONNOLLY of Vir- and effective products, and for other pur- and Mr. LARSON of Connecticut): ginia): poses; to the Committee on Energy and Com- H.R. 1870. A bill to safely increase domestic H.R. 1875. A bill to lower gas prices by merce. oil and gas production, and for other pur- making investments in cleaner vehicle tech- By Mr. GUINTA (for himself and Mr. poses; to the Committee on Natural Re- nologies and infrastructure; to the Com- BASS of New Hampshire): sources, and in addition to the Committees mittee on Ways and Means, and in addition H.R. 1863. A bill to amend title 38, United on Science, Space, and Technology, Energy to the Committees on Transportation and In- States Code, to ensure that veterans in each and Commerce, Transportation and Infra- frastructure, Energy and Commerce, and of the 48 contiguous States are able to re- structure, and Education and the Workforce, Science, Space, and Technology, for a period ceive services in at least one full-service De- for a period to be subsequently determined to be subsequently determined by the Speak- partment of Veterans Affairs medical center by the Speaker, in each case for consider- er, in each case for consideration of such pro- in the State or receive comparable services ation of such provisions as fall within the ju- visions as fall within the jurisdiction of the provided by contract in the State, and for risdiction of the committee concerned. committee concerned. other purposes; to the Committee on Vet- By Mr. SAM JOHNSON of Texas: By Ms. DELAURO (for herself, Mr. erans’ Affairs. H.R. 1871. A bill to amend the Internal Rev- GEORGE MILLER of California, Ms. By Mr. COBLE (for himself and Mr. enue Code of 1986 to prevent the extension of CASTOR of Florida, Mr. DAVIS of Illi- JOHNSON of Georgia): the tax collection period merely because the nois, Ms. SCHAKOWSKY, Mr. BRADY of H.R. 1864. A bill to limit the authority of taxpayer is a member of the Armed Forces Pennsylvania, Mr. JACKSON of Illi- States to tax certain income of employees who is hospitalized as a result of combat nois, Mr. CONNOLLY of Virginia, Ms. for employment duties performed in other zone injuries; to the Committee on Ways and RICHARDSON, Mr. CONYERS, Ms. TSON- States; to the Committee on the Judiciary. Means. GAS, Ms. LINDA T. SA´ NCHEZ of Cali- By Mr. GIBBS (for himself, Mr. By Mrs. CAPITO: fornia, Ms. MOORE, Mr. STARK, Mrs. ALTMIRE, Mr. JORDAN, Mr. HOLDEN, H.R. 1872. A bill to require the Adminis- CHRISTENSEN, Mrs. CAPPS, Mr. OLVER, Mr. DUNCAN of Tennessee, Mr. BART- trator of the Environmental Protection Mr. ACKERMAN, Ms. LEE of California, LETT, Mr. MANZULLO, Mr. BISHOP of Agency to consider the impact on employ- Ms. SPEIER, Mrs. MALONEY, Mr. FIL- Utah, Mr. WALBERG, Mr. BARTON of ment levels and economic activity prior to NER, Ms. CLARKE of New York, Ms. Texas, Mr. CHAFFETZ, Mr. GOHMERT, issuing a regulation, policy statement, guid- BASS of California, Mr. SERRANO, Mr. Mrs. BLACKBURN, Mr. BUCHANAN, Mr. ance, or other requirement, implementing SCHIFF, Mr. SARBANES, Mr. LUJA´ N, STIVERS, Mr. BROUN of Georgia, Mr. any new or substantially altered program, or Mr. TONKO, Ms. FUDGE, Ms. BALDWIN, LATOURETTE, Mr. MCCLINTOCK, Mr. issuing or denying any permit, and for other Mr. TOWNS, Ms. NORTON, Mr. LATTA, Mrs. MILLER of Michigan, Mr. purposes; to the Committee on Energy and LANGEVIN, Mr. ISRAEL, Mr. COURTNEY, AUSTRIA, and Mr. TIBERI): Commerce, and in addition to the Commit- Mr. HOLT, Mr. LEWIS of Georgia, Mrs. H.R. 1865. A bill to protect the right of in- tees on Transportation and Infrastructure, LOWEY, Mr. NADLER, Mr. VAN dividuals to bear arms at water resources de- and Agriculture, for a period to be subse- HOLLEN, Mr. GRIJALVA, Mr. KILDEE, velopment projects administered by the Sec- quently determined by the Speaker, in each Mr. ELLISON, Ms. SCHWARTZ, Mr. retary of the Army, and for other purposes; case for consideration of such provisions as HONDA, Ms. BROWN of Florida, Ms. to the Committee on Transportation and In- fall within the jurisdiction of the committee HIRONO, Mr. CLAY, Mr. KUCINICH, Mr. frastructure. concerned. BACA, Mr. HASTINGS of Florida, Mr. By Mr. CHAFFETZ: By Mr. JOHNSON of Georgia (for him- BISHOP of New York, Mr. PALLONE, H.R. 1866. A bill to require Members of self, Mr. JACKSON of Illinois, Mr. Ms. PINGREE of Maine, Mr. MCGOV- Congress to disclose delinquent tax liability GRIJALVA, Ms. LEE of California, Mr. ERN, Mr. FATTAH, Mr. MORAN, Mr. and to require an ethics inquiry into, and the FILNER, Mr. MCNERNEY, Mr. SHERMAN, Mr. BLUMENAUER, Ms. garnishment of the wages of, a Member with SERRANO, Mr. NADLER, Ms. WATERS, WOOLSEY, Ms. MCCOLLUM, Mrs. Federal tax liability; to the Committee on Mr. PRICE of North Carolina, Ms. MCCARTHY of New York, Ms. ESHOO, House Administration, and in addition to the TSONGAS, Mr. BRADY of Pennsylvania, Mrs. DAVIS of California, Ms. ZOE Committee on Rules, for a period to be sub- Mr. SCOTT of Virginia, Ms. LOFGREN of California, Ms. EDWARDS, sequently determined by the Speaker, in SCHAKOWSKY, Mr. GONZALEZ, Mr. Mr. WAXMAN, Mr. SCOTT of Virginia,

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Mr. PRICE of North Carolina, Ms. Ms. TSONGAS, Mr. VAN HOLLEN, Ms. By Mr. RANGEL (for himself, Mr. CHU, Mr. MARKEY, Mr. TIERNEY, Mr. VELA´ ZQUEZ, Ms. WASSERMAN TOWNS, Ms. CLARKE of New York, and MURPHY of Connecticut, Mr. HINCHEY, SCHULTZ, Ms. WATERS, Mr. WATT, Mr. Ms. MCCOLLUM): Mr. PASTOR of Arizona, Ms. WAXMAN, Mr. WEINER, Ms. WOOLSEY, H.R. 1887. A bill to lift the trade embargo WASSERMAN SCHULTZ, Ms. BERKLEY, Mr. MCDERMOTT, Ms. PINGREE of on Cuba, and for other purposes; to the Com- Mr. GENE GREEN of Texas, Mr. Maine, Mr. DOYLE, Mr. TIERNEY, Mr. mittee on Foreign Affairs, and in addition to GUTIERREZ, Mr. CARNAHAN, Mr. SCHIFF, Mr. OLVER, Mr. RUSH, and the Committees on Ways and Means, Energy LARSON of Connecticut, and Mr. RYAN Mr. JACKSON of Illinois): of Ohio): H.R. 1880. A bill to require, on the occasion and Commerce, the Judiciary, Financial H.R. 1876. A bill to allow Americans to earn of the 30th anniversary of the first reported Services, Oversight and Government Reform, paid sick time so that they can address their cases of AIDS, reporting on the implementa- and Agriculture, for a period to be subse- own health needs and the health needs of tion of the National HIV/AIDS Strategy and quently determined by the Speaker, in each their families; to the Committee on Edu- on the status of international progress to- case for consideration of such provisions as cation and the Workforce, and in addition to wards achieving universal access to HIV/ fall within the jurisdiction of the committee the Committees on Oversight and Govern- AIDS treatment, and for other purposes; to concerned. ment Reform, and House Administration, for the Committee on Energy and Commerce, By Mr. RANGEL (for himself, Mr. a period to be subsequently determined by and in addition to the Committee on Foreign JONES, and Ms. MCCOLLUM): the Speaker, in each case for consideration Affairs, for a period to be subsequently de- H.R. 1888. A bill to facilitate the export of of such provisions as fall within the jurisdic- termined by the Speaker, in each case for United States agricultural products to Cuba tion of the committee concerned. consideration of such provisions as fall with- By Mr. HUNTER: as authorized by the Trade Sanctions Reform in the jurisdiction of the committee con- and Export Enhancement Act of 2000, to re- H.R. 1877. A bill to direct the Secretary of cerned. move impediments to the export to Cuba of Defense to prohibit family members of indi- By Mr. LUJA´ N (for himself, Mrs. viduals detained at Naval Station, Guanta- medical devices and medicines, to allow CHRISTENSEN, Ms. BERKLEY, Mr. namo Bay, Cuba, from visiting such individ- travel to Cuba by United States legal resi- HASTINGS of Florida, Mr. HOLT, Ms. uals; to the Committee on Armed Services. dents, to establish an agricultural export MOORE, Mr. CONNOLLY of Virginia, By Mr. KISSELL: Mr. CARSON of Indiana, Mr. WU, Mr. promotion program with respect to Cuba, H.R. 1878. A bill to require that the same LARSON of Connecticut, Ms. RICHARD- and for other purposes; to the Committee on access to transportation and public accom- SON, Ms. LEE of California, Mr. Foreign Affairs, and in addition to the Com- modations that is afforded to individuals COSTELLO, Mr. ELLISON, Mr. mittees on Ways and Means, the Judiciary, with disabilities who use service animals HINOJOSA, Mr. JACKSON of Illinois, Agriculture, and Financial Services, for a pe- under the Americans with Disabilities Act be riod to be subsequently determined by the afforded to certified trainers of service ani- Mrs. NAPOLITANO, Mr. PAYNE, Mrs. Speaker, in each case for consideration of mals; to the Committee on Transportation CAPPS, Mr. GRIJALVA, Mr. and Infrastructure, and in addition to the BUTTERFIELD, Mr. POLIS, Mr. SABLAN, such provisions as fall within the jurisdic- Committee on the Judiciary, for a period to Mr. RYAN of Ohio, and Mr. OLVER): tion of the committee concerned. be subsequently determined by the Speaker, H.R. 1881. A bill to require the Secretary of By Mr. SHULER: in each case for consideration of such provi- Energy, in coordination with the Secretary H.R. 1889. A bill to amend the Internal Rev- of Labor, to establish a program to provide sions as fall within the jurisdiction of the enue Code of 1986 to suspend the excise tax for workforce training and education, at committee concerned. on highway motor fuels, and for other pur- community colleges, in sustainable energy; By Mr. LARSEN of Washington (for poses; to the Committee on Ways and Means. to the Committee on Education and the himself, Mr. DICKS, Mr. INSLEE, Mr. By Ms. TSONGAS: SMITH of Washington, Mr. Workforce. H.R. 1890. A bill to amend the Outer Conti- MCDERMOTT, Mr. GRIMM, Mr. By Mr. OWENS: KEATING, Mr. SIRES, Ms. PINGREE of H.R. 1882. A bill to ensure that local edu- nental Shelf Lands Act to require, as a con- Maine, Mr. BUTTERFIELD, Mr. BISHOP cational agencies and units of local govern- dition and term of any exploration plan or of New York, and Mr. CONNOLLY of ments are compensated for tax revenues lost development and production plan submitted Virginia): when the Federal Government takes land under that Act, that the applicant for the H.R. 1879. A bill to promote secure ferry into trust for the benefit of a federally recog- plan must submit an oil spill containment transportation and for other purposes; to the nized Indian tribe or an individual Indian; to and clean-up plan capable of handling a Committee on Transportation and Infra- the Committee on Natural Resources. worst-case scenario oil spill, and for other structure. By Mr. PIERLUISI (for himself, Mr. purposes; to the Committee on Natural Re- By Ms. LEE of California (for herself, ISSA, Mr. SERRANO, Ms. ROS- sources. Mr. GRIJALVA, Mr. MORAN, Mr. CON- LEHTINEN, Mr. GRIMM, Mr. JONES, Mr. By Mr. BISHOP of Utah (for himself, YERS, Mr. MEEKS, Ms. NORTON, Mr. BURTON of Indiana, and Mr. YOUNG of Mr. BROUN of Georgia, Mr. CAMPBELL, TOWNS, Mr. COURTNEY, Ms. Alaska): Mr. CHAFFETZ, Mr. DUNCAN of South SCHAKOWSKY, Mr. FRANK of Massa- H.R. 1883. A bill to amend the Internal Rev- Carolina, Mr. GOHMERT, Mr. GRAVES chusetts, Ms. WILSON of Florida, Mr. enue Code of 1986 to regulate the subsidies of Georgia, Mr. GRIFFITH of Virginia, COHEN, Ms. RICHARDSON, Mr. NADLER, paid to rum producers in Puerto Rico and Mr. LAMBORN, Mrs. LUMMIS, Mr. Mrs. MALONEY, Mr. SERRANO, Mr. the Virgin Islands, and for other purposes; to MCCLINTOCK, Mr. MANZULLO, Mr. RANGEL, Mr. STARK, Ms. BORDALLO, the Committee on Ways and Means. WALBERG, and Mr. WALSH of Illinois): Ms. BASS of California, Mr. ACKER- By Mr. PITTS (for himself and Mr. H.J. Res. 62. A joint resolution proposing MAN, Ms. BALDWIN, Mr. BECERRA, Ms. CARNEY): an amendment to the Constitution of the BERKLEY, Mr. BISHOP of Georgia, Mr. H.R. 1884. A bill to designate additional United States to give States the right to re- BRALEY of Iowa, Ms. BROWN of Flor- segments and tributaries of White Clay peal Federal laws and regulations when rati- ida, Mr. CICILLINE, Mr. CLARKE of Creek, in the States of Delaware and Penn- Michigan, Ms. CLARKE of New York, sylvania, as a component of the National fied by the Legislatures of two thirds of the Mr. CLAY, Mr. CLEAVER, Mr. CLY- Wild and Scenic Rivers System; to the Com- several States; to the Committee on the Ju- BURN, Ms. DEGETTE, Mr. CROWLEY, mittee on Natural Resources. diciary. Mr. DAVIS of Illinois, Mrs. DAVIS of By Mr. POE of Texas (for himself, Mr. By Mr. SESSIONS: California, Ms. DELAURO, Mr. COLE, Mrs. BLACKBURN, Mr. BOREN, H. Con. Res. 50. Concurrent resolution pro- DOGGETT, Ms. EDWARDS, Mr. ELLISON, Mr. BARTLETT, Mr. CARTER, Mr. viding for a conditional adjournment of the Mr. FARR, Mr. FATTAH, Mr. GALLEGLY, and Mr. BENISHEK): House of Representatives; considered and GARAMENDI, Mr. GENE GREEN of H.R. 1885. A bill to require that State and agreed to. Texas, Ms. HANABUSA, Mr. HASTINGS local pretrial services agencies receiving fed- By Mr. POMPEO (for himself, Mr. of Florida, Mr. HIGGINS, Mr. HOLDEN, eral financial assistance report to the De- MCCLINTOCK, and Mr. LABRADOR): Mr. HONDA, Ms. JACKSON LEE of partment of Justice on defendants released H. Res. 267. A resolution expressing the Texas, Mr. LARSON of Connecticut, by such agencies, and for other purposes; to Ms. EDDIE BERNICE JOHNSON of Texas, the Committee on the Judiciary. sense of the House of Representatives that Mr. JOHNSON of Georgia, Mr. By Mr. RANGEL (for himself, Mr. the United States should end all subsidies LANGEVIN, Mr. LEVIN, Mr. MCNERNEY, TOWNS, Ms. CLARKE of New York, Ms. aimed at specific energy technologies or Ms. MOORE, Mrs. NAPOLITANO, Mr. MCCOLLUM, Mr. RUSH, Mr. GRIJALVA, fuels; to the Committee on Energy and Com- PASTOR of Arizona, Mr. PAYNE, Mr. Mr. STARK, Ms. RICHARDSON, Ms. LEE merce, and in addition to the Committee on PRICE of North Carolina, Mr. REYES, of California, Ms. BASS of California, Ways and Means, for a period to be subse- Mr. RICHMOND, Mr. RAHALL, Ms. ROY- and Mr. POLIS): quently determined by the Speaker, in each BAL-ALLARD, Mr. DAVID SCOTT of H.R. 1886. A bill to allow travel between case for consideration of such provisions as Georgia, Ms. SEWELL, Ms. SPEIER, Mr. the United States and Cuba; to the Com- fall within the jurisdiction of the committee THOMPSON of Mississippi, Mr. TONKO, mittee on Foreign Affairs. concerned.

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By Mr. CHAFFETZ: vide for the common defense and general By Mr. LARSEN of Washington: H.R. 1866. welfare of the United States; . . .’’ In addi- H.R. 1858. Congress has the power to enact this legis- tion Article I, Section 8, Clause 10 states Congress has the power to enact this legis- lation pursuant to the following: that Congress shall have the power ‘‘to de- lation pursuant to the following: Article I, Section 8, Clause 1 fine and punish piracies and felonies com- Under Article 1, Section 2 of the Constitu- By Mr. GEORGE MILLER of Cali- mitted on the high seas, and offenses against tion, ‘‘the House of Representatives shall be fornia: the law of nations;’’ Also, Article I, Section composed of Members chosen every second H.R. 1867. 8, Clause 11 grants Congress the power ‘‘to Year by the People of the several States.’’ As Congress has the power to enact this legis- . . . make rules concerning captures on land described in Article 1, Section 1 ‘‘all legisla- lation pursuant to the following: and water;’’. tive powers herein granted shall be vested in Art. 1 sec. 8, clause 1 and 3 By Mr. KISSELL: a Congress.’’ I was elected in 2010 to serve in By Mrs. CAPITO: H.R. 1878. the 112th Congress as certified by the Sec- H.R. 1868. Congress has the power to enact this legis- retary of State of Washington state. Congress has the power to enact this legis- lation pursuant to the following: Article III, Section 2 states that the Su- lation pursuant to the following: Enforcement—14th Amendment Section 5 preme Court has ‘‘the judicial power’’ that Interstate Commerce Clause: Article 1, By Mr. LARSEN of Washington: ‘‘shall extend to all cases, in law and equity, Section 8, Clause 3. H.R. 1879. arising under this Constitution, the laws of By Mr. LARSON of Connecticut: Regulation—Article 1, Section 8 Clause 3 the United States.’’ Article II, Section 1 of H.R. 1869. Congress has the power to enact this legis- the Constitution provides that the Supreme Congress has the power to enact this legis- lation pursuant to the following: Court is the supreme law of the land when lation pursuant to the following: Under Article 1, Section 2 of the Constitu- stating ‘‘The judicial power of the United Article I, Section 8, Clause 1 tion, ‘‘the House of Representatives shall be States, shall be vested in one Supreme The Congress shall have Power to lay and composed of Members chosen every second Court.’’ collect Taxes, Duties, Imposts and Excises, Year by the People of the several States.’’ As The power of judicial review of the Su- to pay the Debts and provide for the common described in Article 1, Section 1 ‘‘all legisla- preme Court was upheld in Marbury v Madi- Defence and general Welfare of the United tive powers herein granted shall be vested in son in 1803, giving the Supreme Court the au- States; but all Duties, Imposts and Excises a Congress.’’ I was elected in 2010 to serve in thority to strike down any law it deems un- shall be uniform throughout the United the 112th Congress as certified by the Sec- constitutional. Members of Congress, having States. retary of State of Washington state. been elected and taken the oath of office, are By Mr. CONNOLLY of Virginia: Article III, Section 2 states that the Su- given the authority to introduce legislation H.R. 1870. preme Court has ‘‘the judicial power’’ that and only the Supreme Court, as established Congress has the power to enact this legis- ‘‘shall extend to all cases, in law and equity, by the Constitution and precedent, can de- lation pursuant to the following: arising under this Constitution, the laws of termine the Constitutionality of this author- Artice 1 the United States.’’ Article II, Section 1 of ity. By Mr. SAM JOHNSON of Texas: the Constitution provides that the Supreme By Mr. CAMPBELL: H.R. 1871. Court is the supreme law of the land when H.R. 1859. Congress has the power to enact this legis- stating ‘‘The judicial power of the United Congress has the power to enact this legis- lation pursuant to the following: States, shall be vested in one supreme lation pursuant to the following: Article I, Section 8, Clause 1 Court.’’ Clause 3 of section 8 of article I of the Con- By Mrs. CAPITO: The power of judicial review of the Su- stitution of the United States. H.R. 1872. preme Court was upheld in Marbury v Madi- By Mr. SMITH of Texas: Congress has the power to enact this legis- son in 1803, giving the Supreme Court the au- H.R. 1860. lation pursuant to the following: thority to strike down any law it deems un- Congress has the power to enact this legis- Article I, Section 8, Clause 3 (Interstate constitutional. Members of Congress, having lation pursuant to the following: Commerce Clause) in conjunction with Arti- been elected and taken the oath of office, are The Commerce Clause; section 5 of the 14th cle I, Section 8, Clause 18 (Necessary and given the authority to introduce legislation Amendment Proper Clause). and only the Supreme Court, as established By Mr. MURPHY of Pennsylvania: Article I, Section 9, Clause 7 (Spending by the Constitution and precedent, can de- H.R. 1861. Clause). termine the Constitutionality of this author- Congress has the power to enact this legis- Article III, Section 2 (Judicial Power). ity. lation pursuant to the following: By Mr. JOHNSON of Georgia: By Ms. LEE of California: This bill is enacted pursuant to the power H.R. 1873. H.R. 1880. granted to the Congress under Article I, Sec- Congress has the power to enact this legis- Congress has the power to enact this legis- tion 8, Clause 3 of the United States Con- lation pursuant to the following: lation pursuant to the following: stitution, and Article IV, Section 3, Clause 2 Article I, Sec. 8, Cl. 3 This bill is enacted pursuant to the power of the United States Constitution. By Mr. BISHOP of Utah: granted to Congress under Article I of the By Mr. BILBRAY: H.R. 1874. United States Constitution and its subse- H.R. 1862. Congress has the power to enact this legis- quent amendments, and further clarified and Congress has the power to enact this legis- lation pursuant to the following: interpreted by the Supreme Court of the lation pursuant to the following: ‘‘The constitutional authority of Congress United States. Article I, Section 8, Clause 3 of the United to enact this legislation is provided by Arti- By Mr. LUJA´ N: States Constitution and Article I, Section 8, cle I, section 8 of the United States Constitu- H.R. 1881. Clause 18 of the United States Constitution. tion which grants Congress the power to pro- Congress has the power to enact this legis- By Mr. GUINTA: vide for the general welfare of the United lation pursuant to the following: H.R. 1863. States; to make rules for the government Article 1 Section 1 Congress has the power to enact this legis- and regulation of the land and naval forces; By Mr. OWENS: lation pursuant to the following: to provide for organizing the militia, and to H.R. 1882. Article 1, Section 8 of the United States make Rules for the Government and Regula- Congress has the power to enact this legis- Constitution, the bill is authorized by Con- tion of the land and naval Forces, and to lation pursuant to the following: gress’ power to ‘‘provide for the common De- make all laws necessary and proper for car- This bill is enacted pursuant to the power fense and general Welfare of the United rying out the foregoing powers.’’ granted to Congress under Article I, Section States.’’ By Mr. CICILLINE: 8, of the United States Constitution. By Mr. COBLE: H.R. 1875. By Mr. PIERLUISI: H.R. 1864. Congress has the power to enact this legis- H.R. 1883. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 8 lation pursuant to the following: The Commerce Clause (Article I, Section 8, By Ms. DELAURO: The constitutional authority on which this Clause 3) H.R. 1876. bill rests is the power of the Congress to: (1)

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provide for the general welfare of the United Congress has the power to enact this legis- H.R. 1211: Mr. YOUNG of Florida. States, as enumerated in Article I, Section 8, lation pursuant to the following: H.R. 1242: Mrs. LOWEY. Clause 1 of the United States Constitution; The constitutional authority of Congress H.R. 1259: Mr. JORDAN and Mr. YOUNG of (2) to make all laws which shall be necessary to enact this legislation is provided by Arti- Florida. and proper for carrying into execution such cle V of the United States Constitution. H.R. 1262: Mr. DOGGETT and Mr. ALTMIRE. power, as enumerated in Article I, Section 8, H.R. 1269: Ms. CLARKE of New York, Ms. f Clause 18 of the Constitution; and (3) to BROWN of Florida, Ms. RICHARDSON, Mrs. NAPOLITANO, Mrs. EMERSON, and Mrs. make all needful Rules and Regulations re- ADDITIONAL SPONSORS specting the Territories of the United States, CHRISTENSEN. as provided for under Article IV, Section 3, Under clause 7 of rule XII, sponsors H.R. 1274: Mr. BARLETTA. H.R. 1288: Ms. EDDIE BERNICE JOHNSON of Clause 2 of the Constitution. were added to public bills and resolu- Texas. By Mr. PITTS: tions as follows: H.R. 1332: Mr. LYNCH, Mr. PLATTS, Mr. H.R. 1884. H.R. 100: Mr. HARRIS, Mr. COFFMAN of Colo- WESTMORELAND, Mr. WELCH, Ms. ROYBAL-AL- Congress has the power to enact this legis- rado, and Mr. GOSAR. LARD, Mr. OWENS, Mr. BISHOP of Georgia, Mr. lation pursuant to the following: H.R. 104: Mr. BOSWELL. This bill is enacted pursuant to the power WITTMAN, Mrs. NAPOLITANO, Mr. PASCRELL, H.R. 198: Mr. MURPHY of Pennsylvania. Ms. PINGREE of Maine, Mr. YARMUTH, Mr. granted to Congress under Article I, Section H.R. 272: Mr. PAUL. 8 and Article IV, Section 3 of the United TURNER, Mr. BACA, and Mr. LUCAS. H.R. 298: Mr. FARENTHOLD, Mr. CONAWAY, H.R. 1351: Ms. HIRONO, Mr. SERRANO, Mr. States Constitution. Mr. BURGESS, Mr. NEUGEBAUER, Mr. BRADY of BACA, Mr. KEATING, Mr. RUSH, Mr. MICHAUD, By Mr. POE of Texas: Texas, and Mr. CANSECO. Mr. MCNERNEY, Mr. PERLMUTTER, Mr. H.R. 1885. H.R. 300: Ms. CLARKE of New York. PLATTS, Mr. BLUMENAUER, Mr. LARSEN of Congress has the power to enact this legis- H.R. 365: Mr. LATOURETTE. Washington, Mr. FITZPATRICK, Mr. FATTAH, lation pursuant to the following: H.R. 401: Mr. DAVID SCOTT of Georgia and Article I, Section 8, Clause 1 Mr. SIRES, Ms. CLARKE of New York, Mr. Ms. RICHARDSON. The Congress shall have Power to lay and GERLACH, Mr. BOSWELL, and Mr. PETERS. H.R. 459: Mr. KELLY. H.R. 1366: Ms. CLARKE of New York and Mr. collect Taxes, Duties, Imposts and Excises, H.R. 539: Ms. SCHAKOWSKY and Mrs. NADLER. to pay the Debts and provide for the common NAPOLITANO. H.R. 1380: Ms. JACKSON LEE of Texas, Mr. Defense and general Welfare of the United H.R. 615: Mr. CALVERT, Mr. ISSA, and Mr. CICILLINE, Mr. TIBERI, Mr. AKIN, and Mr. States; but all Duties, Imposts and Excises COBLE. FRANKS of Arizona. shall be uniform throughout the United H.R. 639: Mrs. CAPITO, Mr. CAPUANO, Mr. H.R. 1383: Mr. CONYERS. States. CLEAVER, Mr. DENT, Mr. FORBES, Ms. FUDGE, H.R. 1386: Mr. WELCH and Mr. By Mr. RANGEL: Mr. LANGEVIN, Mr. LOBIONDO, Mr. MORAN, RUPPERSBERGER. H.R. 1886. Mr. NADLER, Mrs. NAPOLITANO, Mr. SCOTT of H.R. 1391: Mr. GRIFFIN of Arkansas and Mr. Congress has the power to enact this legis- Virginia, Mr. SCOTT of South Carolina, Mr. CRAWFORD. lation pursuant to the following: THOMPSON of Mississippi, Mr. THOMPSON of H.R. 1398: Mr. LUETKEMEYER. From the U.S. Constitution: Pennsylvania, Mr. WILSON of South Carolina, H.R. 1402: Ms. WOOLSEY. Article I, Section 8, Clause 3 Mr. WITTMAN, and Mr. YOUNG of Alaska. H.R. 1425: Mr. WALSH of Illinois and Mr. The Congress shall have power . . . to reg- H.R. 674: Mr. JOHNSON of Ohio, Mr. WALSH CHABOT. ulate Commerce with foreign Nations, and H.R. 1429: Mr. VAN HOLLEN. of Illinois, Mrs. MYRICK, Mr. BACHUS, Mr. among the several States, and with the In- H.R. 1466: Mr. HASTINGS of Florida and Ms. GIBSON, Mr. GARDNER, Mr. GOSAR, Mr. dian Tribes. NORTON. CRAVAACK, and Mr. RIGELL. From the Universal Declaration on Human H.R. 1498: Mr. GENE GREEN of Texas, Mr. H.R. 718: Mr. GARAMENDI, Mr. KUCINICH, Mr. Rights: MICA, Mr. HARPER, Mr. GERLACH, and Mr. THOMPSON of Pennsylvania, Mr. FORBES, and Article 13 HUNTER. Ms. ZOE LOFGREN of California. (1) Everyone has the right to freedom of H.R. 1501: Mr. BACHUS, Mr. FORBES, and Mr. H.R. 719: Mr. SCHOCK and Mrs. BACHMANN. movement and residence within the borders GUTHRIE. H.R. 721: Mr. PENCE. of each state. H.R. 1515: Mr. COHEN. (2) Everyone has the right to leave any H.R. 733: Mr. FATTAH. H.R. 1523: Ms. ROYBAL-ALLARD. country, including his own, and return to his H.R. 735: Mr. GUTHRIE. H.R. 1527: Mr. FORBES. country. H.R. 800: Mr. BARTLETT. H.R. 1530: Mr. FORTENBERRY. By Mr. RANGEL: H.R. 807: Mr. JACKSON of Illinois. H.R. 1574: Mr. HIGGINS, Mr. STARK, and Ms. H.R. 1887. H.R. 843: Mr. HULTGREN and Mr. WALZ of EDWARDS. Congress has the power to enact this legis- Minnesota. H.R. 1585: Mr. MACK. lation pursuant to the following: H.R. 864: Mr. WU. H.R. 1586: Mr. DANIEL E. LUNGREN of Cali- Article I, Section 8, Clause 3 H.R. 886: Mr. DIAZ-BALART, Mr. BERG, Mr. fornia. The Congress shall have Power . . . to reg- BOREN, Mr. DONNELLY of Indiana, Mr. CHAN- H.R. 1588: Mr. NUGENT, Mr. TURNER, Mr. ulate Commerce with foreign Nations, and DLER, Mr. MICHAUD, Mr. COOPER, Mr. PETER- KINZINGER of Illinois, and Mr. CRAWFORD. among the several States, and with the In- SON, Mr. CARDOZA, Mr. FARR, Mr. SCHRADER, H.R. 1614: Mr. RUPPERSBERGER. H.R. 1619: Mr. MURPHY of Connecticut. dian Tribes. Mr. ALTMIRE, Mr. BARROW, Mr. AUSTIN SCOTT H.R. 1626: Mr. RIGELL, Mrs. ADAMS, Mr. By Mr. RANGEL: of Georgia, Mr. CASSIDY, Mr. ALEXANDER, Mr. WALDEN, Mr. LONG, and Mr. FORBES. H.R. 1888. PRICE of Georgia, Mr. GRIMM, Mr. BROOKS, H.R. 1635: Mr. BONNER. Congress has the power to enact this legis- Mr. DUNCAN of South Carolina, Mr. WOODALL, H.R. 1639: Mr. RIVERA. and Mrs. EMERSON. lation pursuant to the following: H.R. 1646: Mr. JONES. H.R. 891: Mrs. CAPPS and Mr. JONES. Article I, Section 8, Clause 3 H.R. 1648: Ms. WOOLSEY, Mr. COHEN, Ms. H.R. 956: Mr. POE of Texas. The Congress shall have Power . . . to reg- CHU, Mr. GARAMENDI, and Mr. LANGEVIN. H.R. 975: Ms. NORTON, Ms. CLARKE of New ulate Commerce with foreign Nations, and H.R. 1666: Mr. BLUMENAUER, Mr. THOMPSON York, Mr. RANGEL, Mr. RUSH, Ms. LEE of among the several States, and with the In- of Mississippi, and Mr. CONNOLLY of Virginia. California, Ms. JACKSON LEE of Texas, and dian Tribes. H.R. 1704: Mr. ANDREWS, Mr. BACA, Ms. Mr. JACKSON of Illinois. By Mr. SHULER: BORDALLO, and Mr. INSLEE. H.R. 1889. H.R. 997: Mr. PLATTS, Mr. LUCAS, and Mr. H.R. 1705: Mr. ROSKAM. Congress has the power to enact this legis- BARLETTA. H.R. 1723: Mrs. BLACKBURN. lation pursuant to the following: H.R. 998: Mr. HEINRICH. H.R. 1741: Mrs. BLACKBURN, Mr. ROHR- Article I, Section 8, Clause 1 H.R. 1031: Mr. NUNES. ABACHER, and Mr. FORBES. ‘‘The Congress shall have Power to lay and H.R. 1041: Mr. BISHOP of New York. H.R. 1748: Ms. BERKLEY, Mr. CONNOLLY of collect Taxes, Duties, Imposts and Excises, H.R. 1044: Mr. YOUNG of Florida. Virginia, Mr. CICILLINE, and Ms. MATSUI. to pay the Debts and provide for the common H.R. 1070: Mr. MARCHANT. H.R. 1801: Ms. JACKSON LEE of Texas. Defense and general Welfare of the United H.R. 1075: Mr. LARSON of Connecticut. H.R. 1815: Mr. BUTTERFIELD, Mr. WATT, Mr. States; but all Duties, Imposts and Excises H.R. 1093: Mr. COBLE, Mr. MCHENRY, Mr. JACKSON of Illinois, Mr. CLEAVER, Mr. shall be uniform throughout the United STUTZMAN, Mr. TURNER, Mr. DAVIS of Ken- COSTELLO, Mr. CARDOZA, Ms. HANABUSA, Mr. States.’’ tucky, and Mr. ISSA. RICHMOND, Ms. EDDIE BERNICE JOHNSON of By Ms. TSONGAS: H.R. 1114: Mr. OWENS. Texas, Mr. CUMMINGS, Mr. SHIMKUS, Mr. H.R. 1890. H.R. 1120: Mr. CUMMINGS, Mr. RUSH, Mr. STARK, Mr. HOYER, Mr. GONZALEZ, Mr. Congress has the power to enact this legis- WEINER, and Mr. RANGEL. SCHIFF, Mr. BISHOP of New York, Ms. LINDA lation pursuant to the following: H.R. 1154: Mr. FARENTHOLD, Mr. KINGSTON, T. SA´ NCHEZ of California, Mr. SCOTT of South Article 1, Section 8, Clause 3 of the Con- and Mr. WALZ of Minnesota. Carolina, Mr. ACKERMAN, Mr. NEAL, Ms. SE- stitution H.R. 1193: Mr. KING of New York. WELL, Mr. CICILLINE, Ms. DEGETTE, Mr. MAN- By Mr. BISHOP of Utah: H.R. 1195: Mr. DAVIS of Illinois. ZULLO, Mr. CONNOLLY of Virginia, Mr. BECER- H.J. Res. 62. H.R. 1206: Ms. JENKINS and Mr. MATHESON. RA, Mr. WELCH, Mr. LEVIN, Ms. CASTOR of

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Florida, Mr. NADLER, Mrs. DAVIS of Cali- H. Con. Res. 39: Mr. MCCOTTER. H. Res. 95: Mr. RUPPERSBERGER. fornia, Ms. WILSON of Florida, Mr. DINGELL, H. Res. 20: Mr. ANDREWS, Ms. CHU, Mr. CAR- H. Res. 137: Mr. SERRANO. Ms. LORETTA SANCHEZ of California, Ms. SON of Indiana, Mr. CLEAVER, Mr. CLAY, Mr. H. Res. 242: Mrs. BACHMANN, Ms. BERKLEY, MOORE, Mr. QUIGLEY, Mr. HIGGINS, Mr. CLAY, DAVIS of Illinois, Mrs. DAVIS of California, Mr. CARDOZA, Mr. COOPER, Mr. CROWLEY, Mr. Mr. WU, and Mr. COHEN. Mr. DEFAZIO, Mr. DOGGETT, Ms. ESHOO, Mr. FILNER, Mr. GRIJALVA, Ms. HANABUSA, Ms. H.R. 1817: Mr. MCGOVERN. FRANK of Massachusetts, Mr. GARAMENDI, EDDIE BERNICE JOHNSON of Texas, Mr. ONDA H.R. 1831: Mr. H . Mr. INSLEE, Mr. LEWIS of Georgia, Ms. MAT- LANGEVIN, Mr. LEWIS of Georgia, Ms. MOORE, H.R. 1833: Mrs. CAPPS. SUI, Ms. PINGREE of Maine, Ms. SLAUGHTER, Ms. RICHARDSON, Ms. SEWELL, Ms. SPEIER, H.R. 1842: Mr. GUTIERREZ, Mr. FARR, Mr. Mr. THOMPSON of Mississippi, Mr. TIERNEY, and Ms. WILSON of Florida. HEINRICH, Ms. BERKLEY, Ms. ZOE LOFGREN of and Mr. WATT. H. Res. 244: Mr. PALLONE and Mr. TOWNS. California, Mr. DOGGETT, Mr. POLIS, and Mr. H. Res. 254: Mr. LATOURETTE and Mr. CONYERS. H. Res. 25: Mr. HINCHEY, Mr. KILDEE, Mr. H.J. Res. 13: Mr. TIBERI. REHBERG, Mr. HUIZENGA of Michigan, Mr. FARENTHOLD. H.J. Res. 42: Mr. SMITH of Texas. CULBERSON, Mr. MARINO, Ms. ROYBAL-AL- H. Res. 256: Mr. FRANK of Massachusetts H.J. Res. 56: Mr. HARRIS and Mr. JORDAN. LARD, Mr. ROE of Tennessee, Ms. ZOE and Mr. PAULSEN. H. Con. Res. 25: Mr. BRADY of Texas. LOFGREN of California, and Mr. CHANDLER. H. Res. 265: Ms. RICHARDSON.

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Vol. 157 WASHINGTON, THURSDAY, MAY 12, 2011 No. 65 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Father Flanagan’s Home for Boys. Fa- called to order by the Honorable MARK PRESIDENT PRO TEMPORE, ther Flanagan said: BEGICH, a Senator from the State of Washington, DC, May 12, 2011. When the idea of a boys’ home grew in my Alaska. To the Senate: mind, I never thought anything remarkable Under the provisions of rule I, paragraph 3, about taking in all of the races and all of the of the Standing Rules of the Senate, I hereby PRAYER creeds. To me, they are all God’s children. appoint the Honorable MARK BEGICH, a Sen- They are my brothers. They are children of The PRESIDING OFFICER. Today’s ator from the State of Alaska, to perform God. I must protect them to the best of my opening prayer will be offered by Fa- the duties of the Chair. ability. ther Steven E. Boes, the national exec- DANIEL K. INOUYE, President pro tempore. In 1921, Father Flanagan moved his utive director of Boys Town in Boys boys home to a farm just outside of Town, NE. Mr. BEGICH thereupon assumed the Omaha, and it soon became known as The guest Chaplain offered the fol- chair as Acting President pro tempore. the Village of Boys Town. By the 1930s, lowing prayer: The ACTING PRESIDENT pro tem- hundreds of boys lived there. The world Creator God, we ask Your blessing pore. The Senator from Nebraska. learned of Father Flanagan’s success in upon the men and women of the Sen- f 1938 when he was played by Spencer ate. Give them the wisdom of Father WELCOMING FATHER BOES Tracy in the ‘‘Boys Town’’ Hollywood Edward Flanagan, the founder of Boys movie. Town, who taught America that ‘‘there Mr. NELSON of Nebraska. Mr. Presi- Boys Town began admitting girls in are no bad boys; only bad environment, dent, I rise to thank Father Steven 1979 and established programs at more bad training, and bad example.’’ Help Boes for delivering the opening prayer than one dozen sites across the country us as a nation to save children by heal- this morning. in the mid-1980s. ing families so that they can provide Father Boes has been a priest of the Under the leadership of Father Boes, the good environment, training, and Archdiocese of Omaha since 1985. He Boys Town has focused on imple- example our young people need to be has more than 20 years experience as a menting its unique integrated con- healthy, productive citizens. Please in- counselor and youth advocate in Ne- tinuum of care to strengthen a child’s spire our Senators to work together to braska. mind, body, and spirit. Father Boes is strengthen our families and commu- Father Boes served 8 years as direc- also expanding Boys Town’s role in ad- nities so that our children can become tor of the St. Augustine Indian Mission vocating for changes to our childcare stronger in body, mind, and spirit. and School in Winnebago, NE. He es- system, which is often fragmented, ex- Amen. tablished programs to help Winnebago pensive, and ineffective. He has called and Omaha children preserve their tra- for smarter investments and earlier f ditional language, spirituality, and cul- interventions for at-risk children, ture while preparing them for higher which can prevent much more expen- PLEDGE OF ALLEGIANCE education. sive problems for society if those chil- In 2005, Father Boes was named the dren fall through the cracks. For in- The Honorable MARK BEGICH led the executive director of Boys Town, one of stance, keeping a 14-year-old from Pledge of Allegiance, as follows: the largest childcare organizations in dropping out of high school will end up I pledge allegiance to the Flag of the America. Boys Town provides compas- saving taxpayers about $500,000 over United States of America, and to the Repub- sionate, research-proven treatment for that child’s lifetime. Keeping him from lic for which it stands, one nation under God, children with behavioral, emotional, indivisible, with liberty and justice for all. becoming a career criminal will save as and physical problems. Father Boes is much as $5 million. the fourth priest to succeed Father Ed- f Almost a century ago, Father Flana- ward Flanagan, the founder of Boys gan said: Town. There is nothing the matter with our grow- APPOINTMENT OF ACTING As a young priest in Omaha, Father ing boys that love, proper training, and guid- PRESIDENT PRO TEMPORE Flanagan had grown discouraged in his ance will not remedy. The PRESIDING OFFICER. The work with transient men. His frustra- Father Boes continues to carry out clerk will please read a communication tion led him to borrow $90 to rent a that mission of healing today. to the Senate from the President pro drafty downtown boarding house and I thank Father Boes—I know we all tempore (Mr. INOUYE). open his first home for boys in 1917. do—for his devotion to building The assistant legislative clerk read Youngsters from all over Omaha soon healthy, positive lives for children, and the following letter: began showing up at the doorstep of I thank Father Boes for his words here

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

S2895

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VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.000 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2896 CONGRESSIONAL RECORD — SENATE May 12, 2011 this morning. May they indeed guide us payers are giving these same successful giveaways to companies pulling in to do what is right for America and the companies $4 billion a year. So when record profits are the epitome of waste- world. we take these companies’ profits and ful spending. So this is the Democrats’ Thank you, Mr. President. add in the handout you, I, and every idea: Let’s use the savings from these f taxpayer give them, America is saying taxpayer giveaways to drive down the to big oil: You make $3 billion a week deficit, not drive up oil company prof- RECOGNITION OF THE MAJORITY for 52 weeks, and we will basically give its. There are no gimmicks in this leg- LEADER you a 53rd week for free. Even in the islation. It simply says, let’s apply this The ACTING PRESIDENT pro tem- strongest economies, that seems un- money to the deficit. These CEOs and pore. The majority leader is recog- necessary. In this recovering economy, their companies are free to make as nized. it is downright indefensible. much money as they ethically can, and Defending these tax breaks is such a that is the way it should be in our f hard thing to do that the big oil bosses great country. They just don’t need the SCHEDULE have called for backup. Most of our Re- help of the taxpayers of our country. They don’t need our help. And the Mr. REID. Mr. President, I appreciate publican colleagues have eagerly an- country could sure use that extra $4 the comments of my friend, the senior swered the call publicly already. But billion a year. It is such an obvious so- Senator from Nebraska. there is something I learned in the lution that it should have happened Following any leader remarks, the courtroom a long time ago: When you years ago. Senate will be in morning business try to defend the indefensible, you are left with not much of a case. That is Here we are with one side saying that until 1 p.m. today. The Republicans black is black and the other side still will control the first 30 minutes and why the Republican defenders of big oil have resorted to simply making things insisting that black is blue. This de- the majority will control the next 30 bate would be a lot easier if the Repub- minutes. up. They will tell us that without this taxpayer-funded bonus, gas prices will licans just came out and said what Following morning business, the Sen- they really mean. They should simply ate will be in executive session to con- go up. They say that because they know it is a scary thought. Gas prices say openly that they want to protect sider the nomination of Michael their friends in big oil. I don’t agree Francis Urbanski to be U.S. District are already high. But there is a big problem with their argument: It is with it, but that is their right. Instead, Judge for the Western District of Vir- they are peddling misinformation and ginia. There will be 1 hour of debate on false. It is not true. Big oil subsidies don’t have a thing scare tactics. Republicans should at that. So at approximately 2 p.m. there to do with the prices at the pump. A re- least have the decency to admit it and will be a vote on the confirmation of port released yesterday by a non- then let the American people decide the Urbanski nomination. partisan, independent agency says as who is best representing their inter- f much. Experts at the Congressional Re- ests. MEASURE PLACED ON THE search Service who wrote this report f CALENDAR—S. 953 don’t mention it just once, they write RECOGNITION OF THE MINORITY it over and over again. Here is one way LEADER Mr. REID. Mr. President, I am told CRS says it: that S. 953 is at the desk and due for a The ACTING PRESIDENT pro tem- There is little reason to believe that the pore. The Republican leader is recog- second reading. price of oil or gasoline consumers face will The ACTING PRESIDENT pro tem- increase. nized. pore. The clerk will report the bill by Here is another: f title for the second time. Available output and prices should be unaf- DEBT AND SPENDING The assistant legislative clerk read fected. as follows: Mr. MCCONNELL. Mr. President, Here is one more from the inde- anyone who cares about the future of A bill (S. 953) to authorize the conduct of pendent, nonpartisan expert report: our country should pay attention to certain lease sales in the Outer Continental Taking away big oil’s tax breaks will Shelf, to amend the Outer Continental Shelf the debate we are having right now in Lands Act to modify the requirements for have ‘‘no effect on the price of gaso- Washington. The outcome of this de- exploration, and for other purposes. line.’’ I repeat—no effect on the price bate will determine whether America of gasoline. goes the way of debt-ridden countries Mr. REID. Mr. President, I object to Little reason to believe prices will any further proceedings with respect to in Europe where unemployment is per- increase; prices should be unaffected; manently high and expectations are this bill. no effect on the price of gasoline—their The ACTING PRESIDENT pro tem- permanently low or whether we will words, not mine. claim our role as a place where people pore. Objection is heard. The bill will So the American people should know be placed on the calendar. are rewarded for hard work and for this: Every time you hear someone de- taking risks. f fend taxpayer gifts to oil companies by This debate is important for other scaring you about gas prices, they are OIL SUBSIDIES reasons too. Last month, one of the not telling the truth. Every time you major ratings agencies gave the United Mr. REID. Mr. President, as I speak, hear someone say we need to find bet- States a negative outlook. It said that the heads of the five largest oil and gas ter uses for taxpayer money but we because of our debt, we stand a one-in- companies in the world are testifying also need to keep giving billions and three chance of being downgraded. The across the street. With the country billions of dollars of that same money consequences of that would be truly watching, these extremely wealthy to oil companies, ask yourself how it is devastating, and so would the impact CEOs of extremely profitable corpora- possible that both are true. on our ability to govern. If we allow it tions are trying to explain to the Sen- I am pleased to see that some of my to happen, we will be admitting that ate and, most importantly, to the Republican colleagues are coming America cannot solve its problems. I American people why they still need around. The Speaker of the House re- won’t accept that. taxpayer handouts. I don’t envy them cently said these companies should be The fact that we have a crisis is not because it is an impossible position to paying their fair share. Yesterday, the in doubt. Right now, America is taking defend. senior Senator from Arizona admitted in about $2.2 trillion each year in tax Think about this: In just the first 3 that subsidies are likely unnecessary. revenues, and each year we are spend- months of this year, the oil industry Even the former head of Shell, one of ing about $2.2 trillion on mandatory made $36 billion in profits alone—not the five companies testifying today, spending programs and net interest on revenues, profits. That is $12 billion a agrees. our debt. month. That is $3 billion a week. In If we are serious about reducing the What that means is that all of the anyone’s book, that is pretty good deficit, this is an easy place to start. It other spending—every single discre- money. Meanwhile, the American tax- is, in effect, a no-brainer. Taxpayer tionary dollar we spend right now on

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If that is not a fiscal crisis, I do with Senators permitted to speak But we must bear in mind the likeli- not know what is. therein for up to 10 minutes each, with hood that someday we will be involved The Democrats’ solution to this cri- the first hour equally divided and con- in a more conventional war against a sis is simple: raise the debt limit—raise trolled between the two leaders or state and not a terrorist movement or the debt limit—so we can maintain the their designees, with the Republicans insurgency and be careful that we do status quo. In fact, the chairman of the controlling the first 30 minutes and the not set a standard that another coun- President’s Council of Economic Advis- majority controlling the next 30 min- try could use to justify their mistreat- ers said in a speech yesterday that it utes. ment of our prisoners. Lastly, it is difficult to overstate the would be ‘‘quite insane’’ to do anything The Senator from Arizona. damage that any practice of torture or about the deficit while increasing the Mr. MCCAIN. Mr. President, I ask cruel, inhuman, and degrading treat- debt ceiling. That from the chairman unanimous consent to be recognized for ment by Americans does to our na- of the President’s Council of Economic the duration of my remarks. tional character and historical reputa- Advisers yesterday. The ACTING PRESIDENT pro tem- tion—to our standing as an exceptional The problem with that is it is not a pore. Without objection, it is so or- nation among the countries of the solution. It is the avoidance of a solu- dered. tion, and that is not what the Amer- world. It is too grave to justify the use ican people want. The American people f of these interrogation techniques. spoke loudly and clearly in November. USE OF TORTURE America has made its progress in the They want to see changes around here. world not only by avidly pursuing our Washington is mortgaging their future Mr. MCCAIN. Mr. President, the suc- geopolitical interests, but by per- and their children’s future by spending cessful end of the 10-year manhunt to suading and inspiring other nations to too much. They did not speak out last bring Osama bin Laden to justice has embrace the political values that dis- November because they expected Re- appropriately heightened the Nation’s tinguish us. As I have said many times publicans to come here and raise taxes. appreciation for the diligence, patriot- before, and still maintain, this is not They sent Republicans here to get our ism, and courage of our Armed Forces about the terrorists. It is about us. fiscal house in order, and that is what and our intelligence community. They I understand the reasons that govern we intend to do. are a great credit and inspiration to the decision to approve these interro- Americans are still outraged that the country that has asked so much of gation methods, and I know those who Washington did not do something to them and, like all Americans, I am in approved them and those who em- prevent the last financial crisis—a cri- their debt. ployed them in the interrogation of sis most people did not see coming. But their success has also reignited captured terrorists were admirably Failing to prevent one that every one debate over whether the so-called en- dedicated to protecting the American of us knows is coming is, of course, to- hanced interrogation techniques of people from harm. I know they were tally inexcusable. enemy prisoners, including water- determined to keep faith with the vic- So my message has been clear: Fail- boarding, were instrumental in locat- tims of terrorism and to prove to our ing to do something about the debt ing bin Laden and whether they are enemies that the United States would would be far worse in the long run than necessary and justifiable means for se- pursue justice tirelessly, relentlessly, failing to raise the debt limit, and that curing valuable information that and successfully, no matter how long it is why I am repeating my plea to the might help prevent future terrorist at- took. I know their responsibilities were Democrats this morning: The time to tacks against us and our allies and lead grave and urgent, and the strain of avert this crisis is right now. The win- to the capture or killing of those who their duty was considerable. I admire dow is closing. We cannot raise the would perpetrate them. Or are they, their dedication and love of country. debt ceiling, as the President has re- and should they be, prohibited by our But I dispute that it was right to use quested, without major spending cuts conscience and laws as torture or cruel, these methods, which I do not believe now. inhuman, and degrading treatment. were in the best interests of justice or Some have suggested we use triggers. I believe some of these practices—es- our security or the ideals that define Well, the triggers have already been pecially waterboarding, which is a us and which we have sacrificed much pulled. What good is a fire alarm that mock execution, and thus to me indis- to defend. goes off after the building burns down? putably torture—are and should be pro- I do not believe anyone should be Agreeing to a trigger is to deny this hibited in a nation that is exceptional prosecuted for having used these tech- crisis. We need to face this problem in its defense and advocacy of human niques in the past, and I agree that the now—not tomorrow, not after the rights. I believe they are a violation of administration should state defini- President leaves office, not after the the Detainee Treatment Act of 2005, tively that no one will be. As one of the markets collapse, not after hell breaks the Military Commissions Act of 2006, authors of the Military Commissions loose, not after we lose another 3 mil- and Common Article Three of the Ge- Act, which I believe prohibits lion jobs and the housing market col- neva Conventions, all of which forbid waterboarding and other ‘‘enhanced in- lapses again—now, right now. Anything cruel, inhuman, and degrading treat- terrogation techniques,’’ we wrote into less would be a dereliction of duty and ment of all captured combatants, the language of the law that no one a signal to the world that America does whether they wear the uniform of a who used them before the enactment of not have the will to fix its problems. country or are essentially stateless. the law should be prosecuted. I do not Republicans refuse to accept that. I opposed waterboarding and similar think it is helpful or wise to revisit That has been my message all along. so-called enhanced interrogation tech- that policy. Many advocates of these techniques That is a message we will be taking niques before Osama bin Laden was have asserted their use on terrorists in down to the White House later this brought to justice, and I oppose them our custody, particularly Khalid morning. now. I do not believe they are nec- Sheikh Mohammed, revealed the trail Mr. President, I yield the floor. essary to our success in our war against terrorists, as the advocates of to bin Laden—a trail which had gone f these techniques claim they are. cold in recent years but would now lead Even more importantly, I believe to his destruction. The former Attor- RESERVATION OF LEADER TIME that if America uses torture, it could ney General of the United States, Mi- The ACTING PRESIDENT pro tem- someday result in the torture of Amer- chael Mukasey, recently claimed that pore. Under the previous order, the ican combatants. Yes, I know al-Qaida ‘‘the intelligence that led to bin Laden leadership time is reserved. and other terrorist organizations do . . . began with a disclosure from

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.012 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2898 CONGRESSIONAL RECORD — SENATE May 12, 2011 Khalid Sheikh Mohammed, who broke utation. Each side should make its own Furthermore, I think it is supremely like a dam under the pressure of harsh case but do so without making up its unfair to the men and women in our in- interrogation techniques that included own facts. telligence community and military waterboarding. He loosed a torrent of For my part, I would oppose any leg- who labored for a decade to locate information—including eventually the islation, if any should be proposed, Osama bin Laden to claim falsely that nickname of a trusted courier of bin that is intended to authorize the ad- they only succeeded because we used Laden.’’ That is false. ministration to return to the use of torture to extract actionable intel- With so much misinformation being waterboarding or other methods of in- ligence from a few detainees several fed into such an essential public debate terrogation that I sincerely believe are years ago. I have not found evidence to as this one, I asked the Director of torture or cruel, inhuman, and degrad- suggest that torture—or since so much Central Intelligence, Leon Panetta, for ing, and as such unworthy of and inju- of our disagreement is definitional, in- the facts, and I received the following rious to our country. This debate is on- terrogation methods that I believe are information: going, but I do not believe it will lead torture and which I believe are prohib- The trail to bin Laden did not begin to a change in current policy prohib- ited by U.S. law and international trea- with a disclosure from Khalid Sheikh iting these methods. ty obligations we are not just a party Mohammed, who was waterboarded 183 Perhaps this is a debate for the his- to but leading advocates of—played an times. We did not first learn from tory books. But it is still important be- important part in finding and killing Khalid Sheikh Mohammed the real cause Americans in a future age, as bin Laden. Rather, I think his death at name of bin Laden’s courier, or his well as their leaders, might face these the hands of the United States argues alias, Abu Ahmed al-Kuwaiti—the man same questions. We should do our best quite the contrary, that we can succeed who ultimately enabled us to find bin to provide them a record of our debates without resort to these methods. Laden. The first mention of the name and decisions that is notable not just It is also the case that the mistreat- Abu Ahmed al-Kuwaiti, as well as a de- for its passion but for its deliberative- ment of enemy prisoners endangers our scription of him as an important mem- ness and for opinions that were formed own troops who might someday be held ber of al-Qaida, came from a detainee by facts, and formed with scrupulous captive. While some enemies, and al- held in another country. The United care by both sides for the security of Qaida surely, will never be bound by the principle of reciprocity, we should States did not conduct this detainee’s the American people and the success of have concern for those Americans cap- interrogation, nor did we render him to the ideals we cherish. We have a duty tured by more conventional enemies if that country for the purpose of interro- to leave future American generations not in this war then in the next. Until gation. We did not learn Abu Ahmed’s with a history that will offer them not about 1970, North Vietnam ignored its real name or alias as a result of confusion but instruction as they face obligations not to mistreat the Ameri- waterboarding or any ‘‘enhanced inter- their crises and challenges and try to cans they held prisoner, claiming that rogation technique’’ used on a detainee lead America safely and honorably we were engaged in an unlawful war in U.S. custody. None of the three de- through them. Both sides cannot be against them and thus not entitled to tainees who were waterboarded pro- right, of course, but both sides can be the protections of the Geneva Conven- vided Abu Ahmed’s real name, his honest, diligent, and sincere. tions. But when their abuses became Let me briefly elaborate my reasons whereabouts, or an accurate descrip- widely known and incited unfavorable for opposing the return to these inter- tion of his role in al-Qaida. international attention, they subse- In fact, not only did the use of ‘‘en- rogation policies. quently decreased their mistreatment hanced interrogation techniques’’ on Obviously, to defeat our enemies we need intelligence, but intelligence that of our POWs. Khalid Sheikh Mohammed not provide Some have argued if it is right to kill is reliable. We should not torture or us with key leads on bin Laden’s cou- bin Laden, then it should also be right treat inhumanely terrorists we have rier, Abu Ahmed, it actually produced to torture him had he been captured false and misleading information. captured. I believe the abuse of pris- rather than killed. I disagree. First, Khalid Sheikh Mohammed specifically oners harms, not helps, our war effort. the Americans who killed bin Laden told his interrogators that Abu Ahmed In my personal experience, the abuse of were on a military mission against the had moved to Peshawar, got married, prisoners sometimes produces good in- leader of a terrorist organization with and ceased his role as an al-Qaida telligence but often produces bad intel- which we are at war. It was not a law facilitator—which was not true, as we ligence because under torture a person enforcement operation or primarily an now know. All we learned about Abu will say anything he thinks his captors intelligence operation. They could not Ahmed al-Kuwaiti through the use of want to hear—whether it is true or be certain that bin Laden, even though waterboarding and other ‘‘enhanced in- false—if he believes it will relieve his he was unarmed, did not possess some terrogation techniques’’ against Khalid suffering. Often, information provided means of harming them—a suicide Sheikh Mohammed was the confirma- to stop the torture is deliberately mis- vest, for instance—and they were cor- tion of the already known fact that the leading, and what the advocates of rectly instructed to take no unneces- courier existed and used an alias. cruel and harsh interrogation tech- sary chances in the completion of their I have sought further information niques can never prove is that we could mission. from the staff of the Senate Intel- not have gathered the same intel- Second, bin Laden was a mass mur- ligence Committee, and they confirmed ligence through other more humane derer. Had we captured him, he would for me that, in fact, the best intel- means—as a review of the facts pro- have eventually received the ultimate ligence gained from a CIA detainee—in- vides solid reason to be confident that sanction for his terrible crimes, as cap- formation describing Abu Ahmed al- we can. The costs of assuming other- tured war criminals in previous wars Kuwaiti’s real role in al-Qaida and his wise can be hugely detrimental. have. But war criminals captured, true relationship to Osama bin Laden— It has been reported, and the staff of tried, and executed in World War II, for was obtained through standard, non- the Senate Intelligence Committee instance, were not tortured in advance coercive means, not through any ‘‘en- confirms for me, that a man named Ibn of their execution, either in retaliation hanced interrogation technique.’’ al-Sheikh al-Libi had been captured by for their crimes or to elicit informa- In short, it was not torture or cruel, the United States and rendered to tion that might have helped us locate, inhuman, and degrading treatment of Egypt where we believe he was tor- apprehend, and convict other war detainees that got us the major leads tured and provided false and mis- criminals. This was not done because that ultimately enabled our intel- leading information about Saddam civilized nations have long made a dis- ligence community to find Osama bin Hussein’s weapons of mass destruction tinction between killing and injuring Laden. I hope former Attorney General program. That false information was in the heat of combat, on the one hand, Mukasey will correct his ultimately included in Secretary of and the deliberate infliction of phys- misstatement. It is important that he State Colin Powell’s statement to the ical torture on an incapacitated fighter do so because we are again engaged in U.N. Security Council and, I assume, on the other. this important debate, with much at helped influence the Bush administra- This distinction is recognized not stake for America’s security and rep- tion’s decision to invade Iraq. only in longstanding American values

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2899 and practices but also in the Geneva equal justice under the law, as a cham- rable record representing his party and Conventions that provide legal protec- pion of the idea that an individual’s running for the Presidency of the tions for our own fighting men and human rights are superior to the will United States and chairman of a num- women. of the majority or the wishes of the ber of committees during his tenure in All of these arguments have the force government? the Senate. We came to the Senate to- of right but, ultimately, even they are Individuals might forfeit their life gether, in addition to the House of Rep- beside the most important point. There and liberty as punishment for breaking resentatives. are many arguments to be made laws, but even then, as recognized in I want the record to reflect my admi- against torture on practical grounds. our Constitution’s prohibition of cruel ration and respect—as I believe the As I have said, I believe torture pro- and unusual punishment, they are still whole Senate’s respect—for the speech duces unreliable information, hinders entitled to respect for their basic given by this fine man from Arizona. our fight against global terrorism, and human dignity, even if they have de- No one in the Senate—no one, without harms our national interest and rep- nied that respect to others. any qualification—could have given utation. But, ultimately, this debate is I do not mourn the loss of any terror- the speech that was given today. Why? about far more than technical or prac- ist’s life, nor do I care if in the course Because he speaks with knowledge— tical issues. It is about far more than of serving their malevolent cause they personal knowledge—that I am sure he whether torture works or does not suffer great harm. They have earned still remembers in those dark nights work. It is about far more than utili- their terrible punishment in this life when he is trying to rest about his hav- tarian matters. and the next. What I do mourn is what ing been tortured. Here is a man who, Ultimately, this is about morality. we lose when by official policy or offi- after having been tortured brutally, What is at stake is the very idea of cial neglect we allow, confuse, or en- solitary confinement for not a week, America—the America whose values courage those who fight this war for us not a month but years, was given per- have inspired the world and instilled in to forget that best sense of ourselves, mission by the North Vietnamese to go the hearts of its citizens the certainty that which is our greatest strength; home: We will let you go home. that no matter how hard we fight, no that when we fight to defend our secu- He said: I am not going home unless matter how dangerous our adversary, rity, we also fight for an idea, not a I go home with my colleagues who are in the course of vanquishing our en- tribe, not a land, not a king, not a in prison with me. Think about that— emies, we do not compromise our deep- twisted interpretation of an ancient re- that concentration camp, basically. est values. We are America, and we ligion, but for an idea that all men are I wish I had the ability to express in words my admiration for what he has hold our ourselves to a higher stand- endowed by their Creator with inalien- just said because the things we do ard. That is what is at stake. able rights. Although Osama bin Laden is dead, It is indispensable to our success in when it comes to our evil enemy, to America remains at war, and to prevail this war that those we ask to fight it say that all holds are barred does not in this war we need more than victories know that in the discharge of their work. The easy thing to do would be to say we should treat them as poorly as on the battlefield. This is a war of dangerous responsibilities to our coun- they treat us. But it takes a resume ideas as well, a struggle to advance try, they are never expected to forget and courage to stand and speak as my freedom in the face of terror in places they are Americans and the valiant de- friend from Arizona did today. where oppressive rule has bred the ma- fenders of a sacred idea of how nations Mr. MCCAIN. Mr. President, may I levolence that feeds the ideology of should be governed and conduct their thank my very honorable friend and violent extremism. Prisoner abuses relations with others—even our en- adversary for his kind remarks. I will exact a terrible toll on us in this war of emies. always remember them. I thank him. ideas. They inevitably become public, Those of us who have given them this Mr. REID. Mr. President, I will end and when they do they threaten our onerous duty are obliged by our history my remarks today by reading three moral standard and expose us to false and the many terrible sacrifices that paragraphs from an op-ed that is run- but widely disseminated charges that have been made in our defense to make ning all over the country today, in democracies are no more inherently clear to them that they need not risk newspapers all over America, an op-ed idealistic and moral than other re- our country’s honor to prevail, that written by Senator JOHN MCCAIN: gimes. they are always—through the violence, As we debate how the United States can I understand that Islamic extremists chaos, and heartache of war, through best influence the course of the Arab Spring, who resort to terror would destroy us deprivation, cruelty and loss they are can’t we all agree that the most obvious utterly if they could obtain the weap- always Americans, and different, thing we can do is stand as an example of a ons to do so. But to defeat them ut- stronger, and better than those who nation that holds an individual’s human terly, we must also prevail in our de- would destroy us. rights as superior to the will of the majority fense of the universal values that ulti- Mr. President, I yield the floor. or the wishes of government? Individuals mately have the greatest power to The PRESIDING OFFICER (Mr. might forfeit their life as punishment for breaking laws, but even then, as recognized eradicate this evil ideology. UDALL of New Mexico). The majority in our Constitution’s prohibition of cruel and Although it took a decade to find leader is recognized. unusual punishment, they are still entitled him, there is one consolation for bin Mr. REID. Mr. President, in 1982, I to respect for their basic human dignity, Laden’s 10-year evasion of justice. He was elected to the U.S. House of Rep- even if they have denied that respect to oth- lived long enough to see what some are resentatives. I was elected along with ers. calling the Arab spring, the complete the now-senior Senator from the State All of these arguments have the force of right, but they are beside the most impor- repudiation of bin Laden’s world view of Arizona, JOHN MCCAIN. We were both tant point. Ultimately, this is more than a and the cruel disregard for human life part of that class of 1982. utilitarian debate. This is a moral debate. It and human dignity he used to advance I have given a lot of speeches on this is about who we are. it. In Egypt and Tunisia, Arabs suc- Senate floor. So has my friend from Ar- I don’t mourn the loss of any terrorist’s cessfully reclaimed their rights from izona and so have all of us. Frankly, life. What I do mourn is what we lose when autocracies to determine their own most of the speeches we give may have by official policy or official neglect we con- destiny without resort to violence or a little bite for a day or two. But the fuse or encourage those who fight this war the deliberate destruction of innocent speech just given by my friend, the sen- for us to forget the best sense of ourselves. Through the violence, chaos and heartache life. Now Arabs are trying valiantly, by ior Senator from Arizona, will be for- of war, through deprivation and cruelty and means as just as their cause, to do the ever remembered in our country and in loss, we are always Americans, and different, same in Syria and elsewhere. this body. stronger and better than those who would de- As the United States discusses and Senator MCCAIN and I have had our stroy us. debates what role we should play to in- differences over the years. That does I yield the floor. fluence the course of the Arab spring, not take away from the fact that we The PRESIDING OFFICER. The Sen- can we not all agree that the first and are friends. We love prizefighting, and ator from Rhode Island is recognized. most obvious thing we can do is stand we love our States that are neighbors, Mr. REED. Mr. President, I will as an example of a just government and Arizona and Nevada. He has an admi- speak in morning business. Before I do

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Senator MCCAIN’s words into huge profits for the industry. and spill has raised serious concerns were both eloquent and profound, and ExxonMobil, for example, posted its about the ability to manage and safely they reflect not only his strong beliefs biggest first-quarter profit in 8 years, develop some of these offshore plat- but his own personal experience and with net income rising 69 percent, to forms, and essentially they are saying: also reflect something else that has $10.7 billion. In fact, the combined prof- No, we are not going to pay more for been consistent in everything he has its of the big five oil companies were the inspection fees that are necessary. done in the Senate; that is, his respect more than $30 billion for the first quar- The total increase is minimal. In and deep regard for the men and ter. Those are the kinds of rewards in fact, let me give a comparison. BP, women of the military services. His re- the marketplace that suggest to every- British Petroleum, would be asked to flections today remind us of what they body that the need for subsidies from pay about $1.5 million in fees, if this have done and of the high standards of the government is nonexistent. Indeed, new fee structure were in effect, for conduct they expect of themselves and what we have seen, rather than using their offshore platforms. That would that we have to recognize also. Again, the subsidies and these excess profits represent about 0.01 percent of the $10.9 I join Senator REID in saluting Senator to go out and intensify the search for billion in revenues from the Gulf of MCCAIN for his words but, as he does so new oil, is that most of this has gone to Mexico last year. Yet the companies many times, for also being the con- providing dividends or stock buybacks are saying no. When it comes to paying science of the Senate on so many im- to stockholders. That is a legitimate their fair share for inspections that di- portant topics. use of corporate money, but it really rectly benefit them, provide further f undercuts this notion that these sub- confidence to the public that their op- sidies are so essential for the compa- erations are successful, and give them, TAX SUBSIDIES nies to be competitive and also nec- frankly, more confidence in allowing or Mr. REED. Mr. President, I want to essary for the kind of activity they are encouraging further offshore drilling, talk about the provisions my col- undertaking to search for and develop they say no. But when it comes to tax leagues and I have introduced to ensure new oil resources. subsidies that benefit their bottom that the large oil companies of this Na- There are so many aspects of the bill line, they say yes, yes, yes. tion which are receiving great tax sub- that I think are positive. They have I think what we have to do is press sidies no longer receive taxpayer been, in part or in whole, debated be- forward to ensure that these tax sub- money to subsidize their profits, and to fore. The bill ends a deduction the oil sidies are revoked, and dedicate these target those savings towards deficit re- industry receives for the production of tax subsidies to deficit reduction. In duction, which is one of the great tasks oil that is meant to assist American that way, we can let the market decide before us. manufacturers, not oil producers. Some on the success or failure of these com- We are seeing an extraordinary runup suggest that the oil companies only panies. That is one of the mantras I in gas prices. In Rhode Island, the discovered this tax loophole after the hear so often from many here, particu- prices are exceeding $4 a gallon. These fact but exploited it very aggressively, larly from my colleagues on the other high gas prices threaten our economic that it was intended for small compa- side of the aisle. I think it can be done recovery and they also put a brake on nies that are producing physical prod- without in any way impacting the cost the expansion in job growth which is so ucts that could be shipped around the of fuel in the United States. necessary for all of our citizens. In country; not for bringing in oil, reproc- I think, frankly, what we are see- fact, it is estimated that because of essing it, refining it, and getting a tax ing—going back to my initial point—is these gas prices, U.S. households will break. There are so many other irra- that there are factors beyond tax sub- pay about $825 more in 2011 for gasoline tional aspects of these subsidies that, sidies that are driving up the cost of than they did last year. That is a big again, the subsidies themselves have fuel: speculation; issues of the inter- bite out of the discretionary spending been called for a serious review, eval- national exchange; the value of the dol- available to moderate-income families uation, and indeed elimination. lar. But it is quite clear, given our de- across this country. The other factor that compels us to pendency—and we have to get off that One aspect of this runup in gas prices take this step today is that we have to dependency on oil—that there will be a is the role of speculation. I am pleased begin to reduce the deficit. All of the robust market for petroleum products that the President responded to a let- resources that are being saved, we hope in this country for the foreseeable fu- ter I led suggesting the appointment of through this legislation, will be tar- ture. That market alone justifies in- a task force to look into this. He cre- geted to deficit reduction. We can con- creased exploration, research, and ated the Oil and Gas Price Fraud Work- tinue to provide the necessary support other activity, and it will reward the ing Group, and under the leadership of for our economy through a healthy oil companies. These subsidies are not nec- Attorney General Eric Holder, they are and gas system, but not to subsidize an essary. Instead of wasting taxpayer looking seriously at the speculative as- industry that does well in the market- money on subsidizing big oil profits, it pects of the runup in gas prices. Some place, and we ought to use those funds is time we close these loopholes and re- economists estimate that excessive to reduce the deficit. turn the savings to the American tax- speculation can drive up prices by as There is another aspect not directly payer. With that, I urge rapid support much as $1 a gallon. In fact, the huge related to the provisions Senator and favorable support of Senator retreat in the commodities market for MENENDEZ and I support, but relates to MENENDEZ’s legislation. oil last week suggests that much more this debate. At the same time as the I yield the floor and suggest the ab- than just simple supply and demand is big oil companies defend these sub- sence of a quorum. responsible for these huge price in- sidies, they are also pushing for in- The ACTING PRESIDENT pro tem- creases, and we have to look carefully creased offshore drilling, but are un- pore. The clerk will call the roll. at this. willing to help ensure that it is safe. The legislative clerk proceeded to I am pleased to be a cosponsor, along For example, we have tried to get the call the roll. with Senator MENENDEZ and several of oil and gas industry to at least pay Mr. DURBIN. Mr. President, I ask my colleagues, of the Close Big Oil Tax more for the inspections that are so unanimous consent that the order for Loopholes Act. It is extraordinarily necessary on these offshore platforms the quorum call be rescinded. ironic—and that is a mild term—to see to provide for safety and prevent an- The PRESIDING OFFICER. Without the oil industry receiving huge sub- other Deepwater Horizon explosion. objection, it is so ordered. sidies at a time when market prices are The administration has proposed an in- f producing what you would think would crease in fees oil companies pay for rig be the major incentive oil and gas com- inspections from the present fee of USE OF TORTURE panies need to explore and develop, and $3,250 to $17,000, and the companies Mr. DURBIN. Mr. President, there that incentive is the rather substantial have balked at this. Here is an industry was a column written in this morning’s

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Americans across the board agree it ate first, we have worked on many He ended his column talking about is time to end this corporate welfare things together over the years. We how we would expect our troops to be for the big oil companies. In a recent have our differences, that is for sure. treated if they were taken prisoner. If poll, three out of four Americans sup- But there are times when JOHN does ex- anyone tortured an American soldier, I port eliminating tax credits for the oil traordinarily good things, and this don’t know of a single American who and gas industries to reduce the Fed- morning was one of them. He wrote a wouldn’t step forward and say it is an eral deficit. We have to deal with our column in the Washington Post about outrage. Well, if we are going to stand deficit that is growing at an the issue of torture. It is an issue that for humane treatment, sensible treat- unsustainable rate, and I am hoping has been in the headlines for the last 2 ment of detainees, then we are doing it this will be a commonsense, good-faith, weeks, after the capture and killing of not only to protect our values but to bipartisan agreement to end these sub- Osama bin Laden and the questions protect our men and women who serve sidies. We can take the taxpayer dol- raised as to whether so-called enhanced this country both in the intelligence lars flowing to the oil companies and interrogation techniques, or torture in agencies and in the military services. give them, instead, to those who are another parlance, were used to obtain f dealing with our deficit to reduce it. information that led to Osama bin Incidentally, we are not talking Laden. OIL SUBSIDIES about business expenses at these oil A few years ago, that issue came up Mr. DURBIN. Mr. President, an issue companies, which is what many of on the floor of the Senate. I had strong is going to come up next week which is these executives would like to have feelings about it. But Senator MCCAIN very important for every American people think. These are subsidies used stepped up and led the effort to put the family and business; that is, the issue to increase profits and reduce their tax Senate and our government on record of gasoline prices. I have been across burden. Last year, Exxon had an effec- that we were opposed to the use of tor- my State, and as I mentioned on the tive tax rate on its U.S. income of 16 ture. No person is better qualified in floor earlier, my expert on gasoline percent—less than half the corporate this Congress to speak to it than Sen- prices is my wife. When I speak to her tax rate. According to the Congres- ator MCCAIN. He was a victim of tor- in the morning in Springfield, IL, she sional Budget Office, the average ture himself when he served in the U.S. will tell me the latest in gasoline American has an effective tax rate of Navy during the Vietnam war. He was prices. Last week, it was $4.20 a gallon. over 20 percent. So Exxon was actually shot down as a naval aviator and spent I don’t know what it is this week. But paying a lower tax rate on their profits more than 5 years in prison. I cannot what she asks me is—as everyone in Il- than the average American pays on imagine what that must have been linois must ask—what are you going to their income. like. Couple that with the severe phys- do about it? In addition, the big five oil compa- ical injuries he still labors with today It turns out we are going to do some- nies have used 71 percent of their prof- and the torture—mental and physical— thing. It may not have a direct impact its not for exploration and production, that accompanied it, and no person is on gas prices, but it certainly has a di- which is what they would like you to as well qualified as Senator MCCAIN to rect impact on our policy toward oil think, but rather for boosting share speak to it. companies. You see, American families prices. Actually, they used only 12 per- This morning, in the Washington are being clobbered three times by high cent of their prices for exploration and Post, he once again stated what may prices at gasoline stations: first, at the new development. In other words, these not be the popular view but I believe is pump; second, when we give $4 billion oil companies spend almost six times the right view—that the United States in subsidies every year in the Tax Code as much on dividends and stock should make it clear we do not accept to oil companies; and third, when we buybacks as they do in looking for new torture as a standard for our conduct have to borrow the money from China sources of oil. The primary use of these when it comes to dealing with our en- to give to these oil companies and we subsidies is not to discover new oil, it emies. For the longest time, that has end up paying interest to China—our- is to discover new record-breaking been our standard. It was only relaxed selves, our children, and our grand- profits. or changed after 9/11, when some in a children. It is time for government handouts previous administration argued that Paying three times for outrageous to these extremely profitable, well-es- was the only way to get information gasoline prices is an outrage itself. The tablished companies to come to an end. from these hard-core terrorists. big oil companies have made almost $1 Ending them will not raise gas prices, Senator MCCAIN made a good point in trillion in profits over the last 10 as some Republicans have argued. We his article this morning in the Wash- years—over $35 billion in the first 3 are dealing with a world market for oil. ington Post. He asked Leon Panetta, months of this year. Some of these oil The price is set by the global market. head of the Central Intelligence Agen- companies are breaking records on Gasoline prices have risen signifi- cy, whether there was any linkage to Wall Street for corporate profits. The cantly, even with these subsidies in these enhanced interrogation tech- Wall Street Journal also reported last place. Removing them will not change niques and the information that led to week that the CEOs of oil and gas com- these prices. the disclosure of the messenger who panies who are appearing before the The Congressional Research Service was then linked to Osama bin Laden Senate Finance Committee today had has said the effects of removing the which led to his capture. Leon Panetta the highest median compensation—at subsidies would be very small. Accord- said no, and MCCAIN revealed that in $13.7 million annually in 2010, up 17.3 ing to the Department of the Treasury, his article. In fact, the information percent from the year before. removing them would cause the loss of which came out of waterboarding one In addition to the profits, the oil in- less than one-tenth of 1 percent of the of these terrorists ended up being just dustry receives over $4 billion in tax global oil supply and have little or no plain wrong. Senator MCCAIN made the giveaways each year. Instead of using impact on prices in the United States. point in his article, when you are being that money to lower prices at the In addition, removing oil subsidies tortured, you will say almost anything pump, these giveaways have merely reduces U.S. oil production by less to make the torture stop. You will lie, been used to pad the profits and the than one-half of 1 percent, and it will if you have to, just to make it stop. compensation of the oil companies and increase exploration and production That is what happened here. their executives. Yesterday, Senator costs by less than 2 percent for compa- So I wish to commend him. It was MENENDEZ introduced a bill, which I nies that are making record-breaking courageous for him to write that arti- am cosponsoring, to end the special profits.

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.017 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2902 CONGRESSIONAL RECORD — SENATE May 12, 2011 Removing these subsidies will not af- for our using a debit card. If you bring ment and the Federal Reserve’s rule imple- fect the price of gasoline, nor will in- it down to an actual reasonable and menting it take effect on time. Doing that creasing our domestic production. That proportional cost, they will make less, will reduce the fees gasoline retailers pay, is the other thing. Remember the merchants will get more, and con- and the EIA definitively concluded in a 2003 report that gasoline retailers pass through chant ‘‘drill baby drill’’? It was all over sumers will pay less. 100 percent of cost reductions in the form of the place during the last Presidential There is a movement to try to delay lower gasoline prices. That means lower campaign. In fact, domestic oil produc- this for a so-called study of 30 months. debit swipe fees will lead to lower gas prices. tion in 2010 was at the highest it has I did the calculation. Thirty months Senator Tester’s bill (S. 575) would do the been in 7 years. Even with production times the profits the big banks and opposite. It would stop swipe fee relief for strongly increasing, oil prices keep credit card companies will take out of two years and keep pushing up gas prices. going up, and so do gas prices. the existing swipe fee comes to about That same 2003 EIA study found that cost in- Keep in mind, the United States has $40 billion that is going to be taken out creases get passed along in the form of high- less than 2 percent of the world’s prov- of the American economy if we agree er gas prices. Therefore, a vote for S. 575 is a vote for two years of higher gas prices than en oil reserves and every year we use 25 1 2 to a 2 ⁄ - or 3-year delay of this. That is anyone should be paying. percent of the world’s oil production. not fair to consumers, it doesn’t help There are many reasons why reform is Even though we have increased produc- the economy, and it doesn’t help bring needed now to limit the price-fixing by cred- tion, we still see prices going up. Our down gasoline prices. it card giants and banks on debit swipe fees. fuel price would not be altered by in- American families can’t afford to While some of those reasons might be subject creased drillings. We would still need continue paying for high gasoline to debate, it is hard for any of us in the busi- to import over 50 percent of our oil. prices at the pump, in subsidies to oil ness of gasoline retailing to understand As has been said many times: We companies, and in interest paid on why—given the pricing pressures we and our can’t drill ourselves out of this prob- money borrowed from other govern- customers all face today—any Senator would lem. We simply don’t have enough oil. ments to help us pay these subsidies. It vote for two years of higher gas prices when some relief is only a couple of months away. The only way to end our dependence is time to end these handouts to the We urge you in the strongest terms to vote and insulate ourselves from high gas big profitable oil companies. It is time against S. 575, a bill that will keep gas prices prices is to finally develop for America to rein in the swipe fee that is benefit- too high. a national energy policy. Other coun- ting the biggest banks in America as Sincerely, tries have one. We don’t. We need a well as the credit card companies. It is NACS—National Association of Conven- sound, comprehensive policy that in- time to finally focus on families and ience Stores; NATSO—National Asso- cludes plans for energy efficiency and consumers across America who have a ciation of Truck Stop Operators; new renewable sources. Increased drill- challenge today because of this in- PMAA—Petroleum Marketers Associa- tion of America; IGMA—Society of ing is not going to significantly reduce crease in cost. Independent Gasoline Marketers of gas prices. Mr. President, I ask unanimous con- America; P&CMA—Petroleum & Con- Actually, Congress has taken another sent to have printed in the RECORD a venience Marketers of Alabama; step to help consumers bring prices letter dated May 10, 2011. APMA—Arizona Petroleum Marketers under control at the gas pumps. Last There being no objection, the mate- Association; AOMA—Arkansas Oil year, Congress voted to reform the rial was ordered to be printed in the Marketers Association, Inc.; CIOMA— swipe fee that big banks get paid from RECORD, as follows: California Independent Oil Marketers merchants on debit card transactions. MAY 10, 2011. Association; CWPMA—Colorado Petro- So every time you fill the tank and Hon. RICHARD DURBIN, leum Marketers and Convenience Store Majority Whip, U.S. Senate, Association; ICPA—Independent Con- swipe your debit card, you are paying, necticut Petroleum Association on average, 40 cents or more to the Washington, DC. DEAR SENATOR DURBIN: Our associations FPMA—Florida Petroleum Marketers bank for the swiping of that card. What represent virtually every part of the retail & Convenience Store Association, Inc.; we have done is to say the Federal Re- industry selling motor fuels in the United GOA—Georgia Oilmen’s Association; serve should establish a reasonable and States. Like many Americans, we are con- HPMA—Hawaii Petroleum Marketers proportional level for that fee. They cerned about the price of gasoline today. Not Association; IPM&CSA—Idaho Petro- think it should be much less than 40 only are rising prices bad for our customers, leum Marketers and Convenience Store cents. but when the price of gasoline rises, retailers Association; IPMA/IACS—Illinois Pe- The big banks and credit card compa- make less money. That might not make troleum Marketers Association/Illinois Association of Convenience Stores; nies are screaming bloody murder. The sense at first glance, but the retail sale of gasoline is extremely price competitive. Re- IPCA—Indiana Petroleum Marketers notion that the gas company, the con- tailers put their prices on large signs that and Convenience Store Association, venience store, the retailer, the res- motorists can see as they drive. Studies have Inc.; PMCI—Petroleum Marketers & taurant, the hotel would not have to shown that customers will drive out of their Convenience Stores of Iowa; PMCA— pay these high swipe fees means a loss way just to save one or two cents per gallon. Petroleum Marketers and Convenience in profits to the big banks. But what it As a result, when the wholesale price of gas- Store Association of Kansas; KPMA— means to consumers is more competi- oline rises, retailers cannot raise prices to Kentucky Petroleum Marketers Asso- tion in price and lower prices. As long consumers fast enough to keep pace. ciation; LOMACS—Louisiana Oil Mar- keters and Convenience Store Associa- as you have a competitive market—one This is one of the many reasons why the swipe fees paid by our industry are so offen- tion; MODA—Maine Energy Marketers gas station across the street from an- sive. Swipe fees are fixed centrally by the Association; MPAMACS—Michigan Pe- other—when you reduce the cost to the credit card giants for both debit and credit troleum Association/Michigan Associa- owner of the gas station, you are more cards as a fixed fee plus a percentage of the tion of Convenience Stores; MAPDA— likely to see a reduction in the prices transaction. That means the fee retailers Mid-Atlantic Petroleum Distributors’ charged to consumers. pay to sell gasoline goes up every time the Association; MPM—Minnesota Petro- I received a letter on Tuesday from 52 price of gasoline goes up. While gasoline re- leum Marketers Association; national, regional, and State trade as- tailers make less money on rising prices, MPMCSA—Mississippi Petroleum Mar- keters & Convenience Stores Associa- sociations representing virtually all they pay higher and higher fees. That simply is not fair. tion; MPCA—Missouri Petroleum Mar- the gas retailers in America. They With gasoline nearing $4 per gallon, debit keters and Convenience Store Associa- made it clear swipe fees inflate gaso- swipe fees average about 6 cents per gallon— tion; MPMCSA—Montana Petroleum line prices and that because the gas re- and credit swipe fees are about 8 cents per Marketers and Convenience Store As- tailing industry is extremely competi- gallon. Our customers worry about every sociation; NCPA—Nebraska Petroleum tive, lower swipe fees will produce sav- extra penny they pay for gasoline and 6 to 8 Marketers & Convenience Store Asso- ings that will be passed on to con- cents extra is far too much money. To put ciation; NPM&CSA—Nevada Petroleum sumers. these huge fees in perspective, consider that Marketers & Convenience Store Asso- The big banks and credit card compa- every penny per gallon change in the retail ciation; NEFI—New England Fuel In- price of gasoline costs consumers an addi- stitute; IOMANE—Independent Oil nies are trying to stop this reform. You tional $3.75 million per day or $1.38 billion Marketers Association of New England; can understand that. These credit card each year. FMANJ—Fuel Merchants Association companies and big banks make over $1 The surest and swiftest way to reduce gas of New Jersey; NMPMA—New Mexico billion a month on what they charge prices, however, is to let the Durbin amend- Petroleum Marketers Association;

VerDate Mar 15 2010 02:21 May 13, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.018 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2903 ESPA—Empire State Petroleum Asso- Irish neighborhood of blue-collar bun- manding—especially of his staff. Like ciation, Inc. (NY); NCPCM—North galows on the south side of Chicago. his father, he is a hands-on manager. Carolina Petroleum & Convenience The famine Irish immigrants who set- Whenever he sees anything that needs Marketers; NDPMA—North Dakota Pe- tled the neighborhood in the 19th cen- attention—a pothole, graffiti—he troleum Marketers Association; makes a note on a blue slip of paper OPMCA—Ohio Petroleum Marketers & tury called it ‘‘Hardscrabble.’’ Convenience Store Association; Rich Daley’s mom and dad taught and then calls department heads to OPMCA—Oklahoma Petroleum Mar- the kids that family always comes make sure the problems are fixed. keters & Convenience Store Associa- first. His father, even as mayor, made a His tenure includes some disappoint- tion; OPA—Oregon Petroleum Associa- practice of eating dinner every night at ments—most recently, the city’s failed tion; PPMCSA—Pennsylvania Petro- home with his family, with very few bid to bring the 2016 Olympic and leum Marketers & Convenience Store exceptions. Paralympic Games to Chicago. But we Association; SCPMA—South Carolina Mayor Daley introduced his kids to gave it our best try. But it also in- Petroleum Marketers Association; politics at an early age. Often after cludes far more remarkable successes. SDPPMA—South Dakota Petroleum dinner he bundled them up and put He travelled the world promoting and Propane Marketers Association; them in the car and took them to ward Chicago. He helped bring new jobs and TFCA—Tennessee Fuel & Convenience Store Association; TPCA—Texas Petro- meetings he was attending, so I guess new vitality to the Greater Loop, the leum Marketers and Convenience Store politics is in the Daley blood. economic heart of Chicago. The Daley Association; UPMRA—Utah Petroleum One brother, Bill, is now President years brought the expansion of McCor- Marketers and Retailers Association; Obama’s Chief of Staff. He served as mick Place, the ongoing modernization VFDA—Vermont Fuel Dealers Associa- U.S. Commerce Secretary under Presi- of O’Hare International Airport, the re- tion; VPCGA—Virginia Petroleum, dent Clinton. Another brother, John development of Soldier Field, home of Convenience and Grocery Association; Daley, is a Cook County commissioner. the Chicago Bears, and the trans- WOMA—Washington Oil Marketers As- In Chicago’s De La Salle High School, formation of Navy Pier into one of the sociation/Pacific Northwest Oil Heat which Rich Daley attended, his nick- city’s top tourist attractions. Mayor Council; WPMA—Western Petroleum Marketers Association; OMEGA—West name was ‘‘Mayor.’’ No surprise. In his Daley pushed bravely for sensible gun Virginia Oil Marketers and Grocers As- yearbook he said his ambition was to laws. It is understandable. Too many sociation; WPMCA—Wisconsin Petro- become a ‘‘great lawyer and a politi- times he has had to attend the funerals leum Marketers & Convenience Store cian.’’ of policemen and other people in the Association; CWPMA—Wyoming Petro- His family name may have helped city who were gunned down by gun vio- leum Marketers and Convenience Store open some doors to his dreams, but lence from gangs and other sources. Association. then he had to make a name for him- Mayor Daley has worked relentlessly f self. As he once told a reporter, his fa- to make Chicago the most livable big- THANKING MAYOR RICHARD M. ther said to him: ‘‘I can put you on the city in America and the most environ- DALEY ballroom floor, but you have to dance mentally friendly city in the world. yourself.’’ During his tenure, Chicago created a Mr. DURBIN. Mr. President, if you He started his political life as a dele- comprehensive plan to help lower were to have visited the city of Chicago gate to the convention that rewrote Il- greenhouse gas emissions and address in the last 50 years and someone had linois’ constitution in 1970. Two years climate change. The city planted more asked you the name of the mayor and later, he was elected to the Illinois than 600,000 trees and built more than you said Daley, you would have been State Senate in a landslide. As a sen- 600 green roofs covering more than 7 right about 90 percent of the time be- ator, he steered to passage important million square feet, more than any cause for 42 of the last 55 years there mental health and nursing home re- other city in America. New flower beds has been a Richard Daley as mayor of forms. He pushed for laws to combat now line the sidewalks and medians. Chicago. Monday marks the end of that child abuse and drug abuse—and Downtown, a 24-acre expanse that era, when Richard M. Daley steps down against a sales tax on food and medi- was once an eyesore of tangled rail as the current mayor after six terms in cine. lines is now Millennium Park, one of office. He has led Chicago for 22 years In 1980, he was elected Cook County the most magnificent city parks in the and 8 months, 5 months longer than his State’s attorney. As the county’s chief world, an emerald-green showcase for dad and longer than any mayor in Chi- prosecutor, he earned a reputation for music, recreation, art and design. cago’s history. law and order. He tripled the number of In 1995, Mayor Daley made his bold- I know Rich Daley pretty well. We African-American prosecutors in the est and riskiest political move. He started together in politics. He was a office and was reelected twice. He first asked the State legislature for control State senator and I was a staff attor- ran for mayor in 1983. After finishing and responsibility of Chicago’s public ney to the Illinois State Senate back in last in a three-way primary, he consid- schools. When a political ally told him 1970s. Back then, he was a young father ered getting out of politics. Thank that taking on the schools ‘‘could be with a young family, brand new to pub- goodness, he changed his mind. He got the end of your career,’’ the mayor re- lic life. I worked for him on the Senate a second chance to run for mayor in plied, ‘‘If I can’t do that for the chil- Judiciary Committee and I got to know 1989, in a special election to finish the dren of Chicago, then I should not be him sitting next to him for many hours unexpired term of Chicago’s beloved mayor.’’ Underperforming schools were of hearings, watching his reaction to first African-American mayor, Harold closed, new schools were opened. Test ideas, measuring the man. Washington. That time, he won with 56 scores went up, and dropout rates were He and his wife Maggie were going percent of the vote, and took the oath down, and some of the most innovative through a tough time then. They had a of office on April 24, 1989, his 47th educators in America led the Chicago little baby who was very sick and even- birthday. He would go on to be re- public school system forward. The tually passed away. It was an emotion- elected five times, never with less than mayor would be the first to tell you we ally draining experience for the whole 60 percent of the vote. still have a long way to go. But were it family and those of us who worked Richard Daley’s vision has always not for his determination and his ac- closely with him felt the sense of loss been clear: To make Chicago one of the cepting the responsibility the school that he and his family experienced. But best cities in the world. And he has system would not be as good as it is he is an extraordinary man. pursued that goal with fierce deter- today. Richard Michael Daley was born in mination. His leadership helped trans- In 1999, the city took control of the 1942, the fourth of seven children, and form Chicago from a rustbelt manufac- Chicago Housing Authority, razed some the eldest son of Richard J. Daley and turing center to a cultural and com- of the most notorious public high-rises Sis Daley. His father, who ran Chicago mercial center that the Global Cities in the country—places like the Robert from 1955 until his death in 1976, was Index calls the sixth-most global city Taylor Homes and Cabrini-Green—and one of the most powerful big city may- in the world, alongside New York, Lon- replaced them with mixed-income ors America has ever known. don, and Hong Kong. housing—safe, clean houses. Rich Daley grew up in a modest red Richard Daley is funny, blunt, impa- Richard Daley’s greatest success is brick house in Bridgeport, a storied tient, emotional, and notoriously de- the sense of common purpose he has

VerDate Mar 15 2010 02:21 May 13, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.008 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2904 CONGRESSIONAL RECORD — SENATE May 12, 2011 given Chicago. A recent Chicago Trib- To quote from the Tribune editorial Close Big Oil Tax Loopholes Act and to une summed it up well. It said: which I mentioned earlier, ‘‘When this talk about the devastating effect that What distinguished Richard M. Daley from community, this Nation, needed to high prices at the pump are having on many big-city mayors is his remarkable if know that a city could come back from families in my home State of Wash- impossible-to-complete work to barrow ra- economic decline and tribal conflict, he ington. cial chasms that, during the 1980s, threat- delivered. For that, Mayor Daley, we Middle-class families and small busi- ened to swallow Chicago. He has done that thank you.’’ ness owners are still struggling. Our not with anguished speeches or paeans to so- I also want to offer my personal economy is just starting to turn cial justice, but by projecting a strong sense thanks for his friendship and the great around, but so many families are still of fairness in the way he does his job. As a fighting to stay in their homes, so result, he has persuaded many Chicagoans, of opportunity to work together over the many hues, to pull together in the same di- years. Loretta, my wife, and I had an many small business owners are still rection: Up. opportunity a couple of weeks ago to struggling to keep their doors open, Edward Bedore, who served as budget go out to dinner with the mayor and and so many workers are still des- director under both Mayor Daleys, told Maggie. It is something we have been perately trying to get back on the job. the Sun Times: ‘‘One was a builder, the planning for a long time and we had a All of this is happening while we are other completed the house.’’ great night. We were over on Clark here debating in Congress about the In 2005, Time magazine named Rich- Street at the Naha Restaurant. The best ways to cut spending responsibly ard Daley one of ‘‘the five best big-city windows were open and I watched as and rein in the deficit. This is a serious issue. We need to get mayors.’’ NPR’s Scott Simon said it everybody walked on by and stopped to it done. But I feel very strongly that well: ‘‘He was his father’s son, but he look inside at the mayor and the first before we make budget cuts that slash became his own man.’’ lady. They know him because he is Chi- support for our middle-class families, Among Mayor Daley’s most cher- cago. we should look at ways to responsibly ished childhood memories is going to I also want to say kind words about reduce the deficit that do not hurt the the White Sox games with his dad and the Daley children, Nora, Patrick, Eliz- families who are struggling the most. brothers at Comiskey Park. One of my abeth, and Kevin, for sharing their hus- To me, one of the most commonsense favorite memories of Richard Daley band and father with us. actions we can take is to end the also involves the White Sox. It was Oc- I will close by saying that we attend wasteful subsidies that we, the tax- tober 26, 2005—Game 3 of the 2005 World the same church in Chicago. It is called payers, are forced to hand over to the Series, White Sox against the Houston Old Saint Pat’s. Last St. Patrick’s Day big oil companies every year. It is a no- Astros. was the mayor’s big day. Maggie, who has been struggling with some health brainer. Mayor Daley was in Washington for Anyone who is serious about reduc- business and I had invited him and the issues, made it that day and the church was packed. Everybody was wearing ing the deficit should support this ef- members of the Illinois congressional fort. It is as simple as that. The big oil delegation to my office in the Capitol shamrocks and green ties. The Irish dancers were there for a great celebra- companies are already making billions to watch the game. Everyone came, in- of dollars in profits from families in cluding our new Senator, now the tion of Saint Patrick’s Day. Luckily for the Daleys, their grandkids were America who are paying now sky-high President of the United States. prices at the pump. In fact, the five What a game. The White Sox finally also there, little kids scrambling all over the church pews, waiting in anx- biggest oil companies have made near- won it 7–5 with a home run in the 14th ly $1 trillion in profits—$1 trillion in inning. They would go on to win the se- ious anticipation for the end of the mass because at the end of the mass profits—in the last decade and $36 bil- ries. That game was the longest World lion in the first 3 months of this year Series game in history: 5 hours 41 min- the mayor’s favorite, the Shannon Rov- ers bagpipe band, marched right up the alone. utes. As the night wore on, almost ev- But the big oil companies are not front aisle of the church and the kids erybody trailed away—but not Rich just making money hand over fist from were brimming with excitement as Daley. I have a photo of the handful of families paying sky-high prices at the they came up the aisle. us who stuck it out until the very end. pump. They also have the gall to come Standing in the middle, the happiest I captured a picture on my cell phone, which I sent to the mayor and back to those same taxpayers and de- man in the photo, is Mayor Daley. mand billions more in subsidies that his wife, of their grandkids in anticipa- That’s the Richard M. Daley way: No add directly to their profits. It does not tion of the bagpipe band arriving. I matter how long it takes, you give it make any sense, and it has to end. your all until the game is won. value it and I am sure that family val- I think my colleagues in the Senate On Monday, Chicago will enter a new ues it too. We value Mayor Daley and who oppose this legislation need to ex- era: The post-Daley era. We will wel- his great family. They have made Chi- plain to the American people why they come a passionate, talented, new cago a better place and the United think big oil companies need even big- mayor, Rahm Emanuel. Like so many States a better nation. ger profits and why they think Amer- other cities, Chicago is struggling in- I suggest the absence of a quorum. The PRESIDING OFFICER. The ican taxpayers should continue to pad volving the recession and a large def- their coffers with unwarranted sub- icit. Fortunately, Mayor Emanuel will clerk will call the roll. The legislative clerk proceeded to sidies at the very time we are fighting also inherit a legacy of unity and call the roll. to rein in the deficit. progress that that will continue to ben- Mr. ALEXANDER. Mr. President, I But in addition to ending those efit Chicagoans for generations to ask unanimous consent that the order wasteful subsidies to the big oil compa- come. for the quorum call be rescinded. nies, we also have to act to end the As one reported noted, ‘‘The Daley The PRESIDING OFFICER (Mr. speculation that is a big part of what is name is so synonymous with Chicago BROWN of Ohio). Without objection, it pushing prices at the pump higher and politics, it might as well be stitched is so ordered. higher. At a time when our household into the city flag.’’ (The remarks of Mr. ALEXANDER per- budgets are already stretched so thin, The legacy Rich Daley has created in taining to the introduction of S. 964 are speculators continue to drive up those Chicago is going to live on, in the im- located in today’s RECORD under prices and volatility in the oil mar- proved lives of the people who live in ‘‘Statements on Introduced Bills and kets. That is one of the reasons I was that great city. His legacy will live on Joint Resolutions.’’) so angry and disappointed that the in the wonderment of so many people Mr. ALEXANDER. I yield the floor. House Republican budget proposal who visit and whose first words about The PRESIDING OFFICER (Mrs. slashed the funding for the Commodity the city are always, ‘‘I couldn’t get HAGAN). The Senator from Washington. Futures Trading Commission. That is over how clean it is.’’ I tell you it f the very agency that is charged with doesn’t happen by accident. It takes protecting consumers from excessive the leadership of a mayor and a great DEFICIT REDUCTION speculation in the markets. How can first lady, Maggie Daley, who made it Mrs. MURRAY. Madam President, I they do their job and protect con- happen. come to the floor today to support the sumers if they are not there?

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.011 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2905 I think that says a lot about our very year alone, representing a 50-percent There are so much we need to do—I different priorities in Congress. The increase in profit from last year. Big know the Presiding Officer from North House majority has pushed to slash Oil doesn’t need help from American Carolina sits on the Health, Education, spending by crippling agencies that taxpayers to make unprecedented prof- Labor, and Pensions Committee and middle-class families depend on for its. For better or worse, they know how has had an interest in this—where we basic protections, while Democrats are to do it without corporate welfare, and don’t quite focus enough attention on here trying to reduce the deficit re- we ought to end the corporate welfare children’s health. In the past, when we sponsibly by ending subsidies to the big that makes our job of cutting the def- did research in this country—and we oil companies that do not need them. icit and reining in the debt and reduc- are only now beginning to change I urge our colleagues to put tax- ing the size of government all the more this—we used to think about children payers in the middle class ahead of Big difficult. as just small adults, and if you needed Oil, to end those wasteful giveaways to This call ought to be an easy one. We X milligrams in a prescription for a oil companies, and to use that money have difficult choices ahead in cutting 150-pound adult, for a 30-pound child to pay down the deficit in a responsible spending and perhaps increasing rev- you gave them one-fifth as much. We way. enue, but this one should be easy for now realize that is not the way we I thank Senators MENENDEZ, us. I hope it will attract bipartisan should do research or practice medi- MCCASKILL, TESTER, and BROWN for support because there is truly nothing cine. So we have seen a lot of progress, their great work on this issue. partisan about this kind of corporate and much of that comes from the activ- Once again, I support the Close Big welfare. ism, if you will, of doctors and nurses Oil Tax Loopholes Act. I am going to Despite claims to the contrary, end- and administrators at Nationwide Chil- keep fighting to end the oil and gas ing these subsidies will not increase dren’s in Columbus, Cincinnati Chil- speculation that is hurting so many prices at the pump. It will impose basic dren’s, and Rainbow Children’s in families in my home State of Wash- fairness because Americans will no Cleveland, affiliated with the Univer- ington and across the country. longer pay out of pocket for these tax sity Hospital. I yield the floor. breaks and giveaways to some of the We have been able, through a long- The PRESIDING OFFICER. The Sen- most profitable companies in the time program—about a dozen years old ator from Connecticut. world. It will not add to prices at the now—to do something called children’s Mr. BLUMENTHAL. Madam Presi- pump. gradual medical education in training dent, I wish to thank the Senator from In my home State of Connecticut and pediatricians. We have also seen it find Washington State for her leadership on across the country, people are rightly its way into making pharmaceuticals— this issue and for her eloquent remarks concerned about reducing our debt and something called 340B—and getting just now, as well as other Senators who deficit, and we will make those dif- pharmaceuticals, particularly for or- have championed this cause, as I have, ficult choices just as Americans are phan drugs and rare diseases, to chil- over years when we have fought rising making difficult choices in tightening dren’s hospitals, which helps many gasoline prices in the State of Con- their belts and their budgets as they small children in this country. necticut relentlessly and tirelessly, struggle to find jobs and make ends We are also working on legislation— and now I rise here in support of this meet. But as resources remain scarce and Kit Bond, the Republican Senator legislation, the Close Big Oil Tax Loop- for some of our most vital programs, from Missouri who retired in January, holes Act, which would fundamentally we can ill-afford this kind of corporate and I worked on this—to really focus restore fairness to our markets and tax welfare. on pediatric research and designate a I urge my colleagues to seize this mo- system. handful of children’s hospitals—maybe Over the last decades, the big five oil ment, to cut these subsidies, and to 15 or 20—around the country, some of companies have taken home about $1 protect the hard-earned dollars of the best research hospitals, to get trillion in profits while enjoying tens American taxpayers. Taxpayers in Con- them more focused on children’s re- of billions of dollars in taxpayer sub- necticut and throughout the country search because even though we have sidies, giveaways, sweetheart deals, basically want fairness—shared sac- done better, we are not doing well and preferences which undermine the rifice, truly shared sacrifice—and I enough, and this is an opportunity to credibility of our tax system and our urge my colleagues to demonstrate to do that. economy in the eyes of ordinary Amer- the American people that we are seri- So I wanted to share on the floor icans. Ordinary Americans, in fact, are ous about tackling unfair giveaways with my colleagues the importance of still struggling to make ends meet, to and to take this step toward restoring this legislation, the importance of that focus on children’s hospitals, the im- stay in their homes, to keep their fami- fairness. Madam President, I yield the floor, portance of training pediatricians, and lies together, and to find jobs. and I suggest the absence of a quorum. the importance of children’s hospitals In Connecticut, the price of gasoline The PRESIDING OFFICER. The now has risen to more than $4.25 a gal- overall to our Nation’s health, espe- clerk will call the roll. cially as regards the future of our Na- lon from about $3 just a year ago. The bill clerk proceeded to call the tion and our children. There are a number of ways to combat roll. Madam President, I yield the floor. the spiraling cost of gasoline, including Mr. BROWN of Ohio. Madam Presi- The PRESIDING OFFICER. The Sen- going after some of the illegal manipu- dent, I ask unanimous consent that the ator from Vermont. lation and speculation that may be oc- order for the quorum call be rescinded. f curring. I have proposed some meas- The PRESIDING OFFICER. Without ures—for example, a Department of objection, it is so ordered. FIXING THE DEFICIT Justice investigation that for the first f Mr. SANDERS. Madam President, ev- time would effectively and comprehen- erybody knows this country faces a sively pursue the traders and hedge CHILDREN’S RESEARCH major deficit crisis and we have a na- funds that are at an alltime high in HOSPITALS tional debt of over $14 trillion. What their energy positions. Mr. BROWN of Ohio. Madam Presi- has not been widely discussed, how- But the ending of giveaways and sub- dent, I just met in a room near the ever, is how we got into this situation sidies is about the fairness of our eco- Senate floor with doctors and others in the first place. A huge deficit and nomic system and our Tax Code. Our from three of America’s great chil- huge national debt did not happen by families and businesses in Connecticut dren’s hospitals: Rainbow Children’s accident. It did not happen overnight. are paying these higher costs for gaso- Hospital in Cleveland, Nationwide Chil- It happened, in fact, as a result of a line but at the same time are providing dren’s Hospital in Columbus, and Cin- number of policy decisions made in re- subsidies that are in no way needed for cinnati Children’s Hospital. I think cent years and votes that were cast exploration or refining or any part of Ohio leads the Nation in the number of right here on the floor of the Senate the business of these big five oil com- children’s hospitals and, frankly, I and in the House. panies. They have made over $30 billion think the quality of children’s hos- Let’s never forget, as we talk about in profits in the first quarter of this pitals. the deficit situation, that in the year

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.021 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2906 CONGRESSIONAL RECORD — SENATE May 12, 2011 2000, when President Clinton left office, icit crisis. In the House of Representa- on record, at a time when the wealthi- this country had an annual Federal tives, they voted, I believe, unani- est people have received hundreds of budget surplus—let me underline that, mously, for the so-called Ryan budget. billions of dollars in tax breaks, at a a surplus—of over $200 billion with pro- What they said is, at a time when the time when corporate profits are at an jected budget surpluses as far as the middle class is collapsing, poverty is all-time high and major corporations eye could see. That was when Clinton increasing, unemployment is sky high making billions of dollars pay nothing left office. as a result of this terrible recession, in taxes, my Republican colleagues, in What has happened in the ensuing they think the best way to deal with their approach toward deficit reduc- years? How did we go from huge pro- the deficit and the national debt is to tion, do not ask the wealthiest people jected surpluses into horrendous debt? make savage cuts in health care; that or the largest corporations to con- The answer, frankly, is not com- is, to do away with Medicare as we tribute one penny more for deficit re- plicated. The CBO has documented it. know it today, convert it into a vouch- duction. There was an interesting article on the er program, massive cuts in Medicaid. Their idea of moving toward a bal- front page of the Washington Post on So at a time when 50 million Ameri- anced budget is to go after the middle- April 30, a few weeks ago, talking cans have no health insurance, that class, working families, low-income about it as well. Here is what hap- number will go up. I am not quite sure people, but make sure the millionaires pened. It is not complicated. what people do if they get sick and lose and billionaires and largest corpora- When we spend over $1 trillion on their health insurance. I don’t know tions in this country who are doing wars in Afghanistan and Iraq and we what they will do. I don’t know how phenomenally well, that they do not forget to pay for those wars, we run up many more people will die if we slash have to participate in shared sacrifice. a deficit. When we provide over $700 bil- Medicaid and throw millions of people They are protected. This is the Robin lion in tax breaks to the wealthiest off of that program. Hood philosophy in reverse. This is people in this country and we forget to Their brilliant idea of how to move taking from the poor and giving to the pay for those tax breaks, we run up a toward deficit reduction is to make rich. deficit. When we pass a Medicare Part major cuts in education, Pell grants. Many viewers may not believe me, D prescription drug program written All over this country middle-class fam- and I ask them to check it out; that in by the drug companies and the insur- ilies, working-class families are strug- the midst of all of this—huge deficit, ance companies that does not allow gling to be able to send their kids to huge national debt, the Republican Medicare to negotiate prescription college, and Pell grants are an impor- proposal to slash programs that work- drug prices and ends up costing us far tant part of how they do it. Cut it, so ing families, middle-class people des- more than it should—$400 billion over a large numbers of young people never perately need—in the middle of all 10-year period—and we don’t pay for get the chance then to go to college. this, our Republican friends have an- that, we run up the deficit. If we more Nutrition, cutting back on food other brilliant idea. Let’s give $1 tril- than double military spending since stamps, on the Women, Infants, Chil- lion in tax breaks to the very wealthi- 1997, excluding the wars in Afghanistan dren Nutrition Program. People in est people in this country. We are and Iraq, and we don’t pay for that, we America are hungry. Cut back on those going to throw millions off of Med- drive up the deficit. programs. Housing, cut back on those icaid, we are going to cut back on Pell Yesterday, my good friend from Ala- programs. Head Start, giving low-in- grants, we are going to make savage bama, Senator JEFF SESSIONS—and he come kids an opportunity to do well— cuts in nutrition programs, and wheth- is a good friend—came to the floor and cut back on those programs. er we get all of those savings, $1 tril- suggested that Senator BERNIE SAND- Childcare—you name it, they are going lion in savings, do you know what we ERS was one of those big government to cut back on it. are going to do with it? We are going to types. I would say to my friend, Sen- The deficit is caused by unpaid-for give it to the richest people in this ator SESSIONS, and all of those others wars, tax breaks for the rich, the Medi- country. We are going to lower the tax who are now wanting to make savage care Part D prescription drug program, rate, the personal income tax rate for cuts in programs for working families, the bailout of Wall Street, a declining the rich from 35 to 25 percent. the elderly, the sick, and the poor: economy, and less revenue coming in. At a time when major corporations Guess what. I am the deficit hawk. You Their solution is to balance the budget such as General Electric and guys are the big spenders. on the backs of the sick, the elderly, ExxonMobil make billions of dollars in This Senator, when he was in the the children, the poor, to cut back on profit, pay nothing in Federal income House, did not vote for the war in Iraq environmental protection, to cut back taxes, do you know what we are going which will end up costing us some $3 on transportation. It is an interesting to do to them? We are going to give trillion by the time we take care of our idea. I think it is a pretty dumb idea them even more tax breaks. last veteran. I did not vote for that. myself. The President has recently come up Senator SESSIONS did vote for that. But inherent in that whole approach with an approach toward deficit reduc- I did not vote for the huge tax breaks is another factor. In the United States tion which is certainly a lot better for the richest people in this country— today, while the middle class is dis- than the Republican approach, but to no, no. I am the deficit hawk. My Re- appearing and poverty is increasing, my mind is by no means as strong as it publican friends, in every instance, there is another economic reality; that should be. I was disturbed, not happy, voted for those huge tax breaks. is, the wealthiest people in this coun- to hear that his approach calls for $2 in I did not vote for the Medicare pre- try have never had it so good. Over a spending cuts and only $1 in additional scription drug program, $400 billion recent 25-year period, from 1980 to 2005, revenue. So at a time of significant, se- over 10 years. I am the deficit hawk. 80 percent of all new income went to vere recession, millions of people are The big spenders on the other side said the top 1 percent. The top 1 percent hurting, the President is calling for $2 we could spend that money and not pay now earn 23 percent of all income in in cuts in spending but only $1 in addi- for it. America, more than the bottom 50 per- tional revenue. I think that is a bad My point is, I am not sympathetic to cent. idea. I think that is an inadequate idea being lectured about deficits by the Today, if you can believe it, the top because if the President starts at that same people who caused this crisis and 400 individuals in America now own position, $2 in spending cuts, $1 in rev- who, on legislation after legislation, more wealth than the bottom 150 mil- enue, by the time we deal with the Re- voted to significantly increase the def- lion Americans, the bottom half of publicans in the House, that number is icit and forgot about paying for it— America. Four hundred people own going to go up and will probably end up just put it on the credit cards for our more wealth than the bottom 150 mil- 3 or 4 to 1 in terms of spending cuts. children and grandchildren. So, please, lion Americans. Senator KENT CONRAD, chairman of don’t lecture me on deficit spending. Interestingly enough, at a time when the Budget Committee in the Senate, My Republican friends have come up the rich are becoming richer, when the has done a better job. He has not gone with an interesting idea as to how we effective tax rates for the wealthiest anywhere near as far as I think he can deal with this crisis, with the def- people, at 16.6 percent, are the lowest should go but has at least come up

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.023 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2907 with a budget that I think most Ameri- mand is less—that maybe we do away lades to my friend and colleague and cans think is sensible, by saying at the with some of the tax breaks they have fellow Madisonian—Madison High very least let’s have $1 of spending cuts enjoyed. School in Brooklyn, NY, that is—BER- and $1 of additional revenue. Let’s at And $40 billion over 10 years is what NIE SANDERS. I have rarely met, not least have shared sacrifice. Let’s not I would propose we can get. We can just here in the Senate but in public balance the budget on the backs of the raise $100 billion a year by prohibiting life, people who display the passion and weak and vulnerable. abusive and illegal offshore tax shel- the effectiveness combined that BERNIE My office put together a list of ideas ters. The Senate Budget Committee does. Sometimes it is a lonely world for that are out there as to how we can has a photograph of a building in the him in a certain sense, because he feels raise revenue in a fair and progressive Cayman Islands. It is an infamous these issues so strongly. He is so out- manner. I want to touch on them for a building. It is a four-story building standing at articulating them in every second. that houses 18,000 corporations. That is way. And he wonders why the world No. 1, I want everybody to hear this: right. One building, 18,000 corporations. does not change a little more. Well, If we imposed a 5.4 percent surtax on Obviously the whole thing is a scam. BERNIE, in terms of this world, which millionaires who have been doing phe- This is being used as a postal address changes slowly, unfortunately, we nomenally well, over a 10-year period for corporations and wealthy individ- would agree with that, you have done a we can raise $383 billion. What do you uals who want to avoid paying taxes to great deal of good for people who need think? We can throw millions of people the U.S. Government. help. I am glad you are here, and I am off of Medicaid, we can end nutrition The Budget Committee estimates glad you are my friend. programs for low-income kids, or we that we are losing about $100 billion a can ask the wealthiest people to pay a year by having corporations and f little bit more. The cause of this reces- wealthy people stash their money in the Cayman Islands. That is a lot of CLOSE BIG OIL TAX LOOPHOLES sion we are in right now has to do with ACT the greed, the recklessness, and illegal money, $100 billion a year. We could behavior on Wall Street. The crooks on raise up to $500 billion over 10 years by Mr. SCHUMER. I rise today in sup- Wall Street who made huge sums of establishing a currency manipulation port of the legislation authored by my money ended up driving this country fee, and, by the way, create up to 1 mil- good friend from New Jersey, Senator into a terrible recession. If we passed a lion new jobs in the process. MENENDEZ. As you know, the Demo- speculation fee, a fee on Wall Street So what is my point? My point is this crats here on our side of the aisle are speculators, we could raise as much as deficit was caused by actions voted focusing on this legislation this week $100 billion a year, and, by the way, upon by many of my Republican and next. But Senator MENENDEZ has have the added benefit of cutting back friends: the war, tax breaks for the been championing this legislation for on speculation. rich, Medicare Part D, that in the mid- quite a while. He was prescient to focus We could raise more than $580 billion dle of a recession when the middle class on this idea. I am glad we will have a over 10 years by erasing tax breaks for and working families are already hurt- vote on it. I hope the vote will pass. I companies that ship jobs overseas. ing, when poverty is increasing. It is have heard a few of our Republican col- Right now we have a tax policy that not only immoral, it is bad economics leagues now have said they would con- says shut down a plant in America, go to balance the budget on working fami- sider voting for it. Nothing would be to China, and guess what. They are lies and the most vulnerable people in better in terms of showing some bipar- going to get a tax break. I think that this country. tisanship and giving us some hope that When people are hurting, when they doesn’t make a whole lot of sense. we can come to a fair agreement on the have lost their jobs, when their in- The estate tax—which my Repub- budget than to pass this legislation. comes are going down, you do not say lican friends refer to as the so-called In the last election, voters who gave to those people: We are throwing you death tax—only applies to the top those of us who have the privilege of off of Medicaid. We are going to three-tenths of 1 percent, the very serving in this Chamber two distinct ‘‘voucherize’’ Medicare, we are going to wealthiest people in this country. In- mandates. They told us to do two cut back on Federal aid to education so stead of lowering the estate tax, as we things at once. First, perhaps foremost, your kid cannot go to college. That is recently did, we could raise $330 billion make the economy grow. Create good- not what you say in a humane and fair over 10 years by establishing a respon- paying jobs. Make sure that American society. dream burns brightly, the dream that sible estate tax that asks the top On the other hand, at the same time says to the average middle-class fam- three-tenths of 1 percent of Americans when the wealthiest people are becom- ily: The odds are pretty good that you who inherit over $3.5 million in wealth ing phenomenally wealthier, and when will be doing better 10 years from now to pay a fair estate tax. large corporations are making huge than you are doing today, and the odds We do raise $736 billion over 10 years profits, and in many cases not paying by taxing capital gains and dividends any taxes at all, it is appropriate to are very good that your kids will do as ordinary income. Warren Buffett, say to those people: Sorry, you are also better than you. one of the wealthiest people in the American. You have got to participate For that dream, which has burned so world, has said he pays a lower Federal in shared sacrifice. You have also got brightly in this country for hundreds of tax rate than his secretary, than do to help us reduce the deficit. years, the candle began to flicker a lit- nurses and police officers and teachers, That is where we are right now. We tle bit in this decade, because median because most of his income and most of are in the midst of a major debate, but income went down even before the re- the income of very wealthy people is it is not only on financial issues. It is cession, which meant that even if you generated by capital gains. Our provi- very much a philosophical debate. It is had a job—and we know that millions sion could correct that problem—tax- a debate about which side are you on. are out of work despite the fact that ing capital gains and dividends as ordi- Do you continue to give tax breaks to they look—I think of all of the people nary income. the very rich and make savage cuts for whom I have met who are struggling We could raise $40 billion over the working families, for children, the el- because they do not have jobs. But next 10 years by ending tax breaks and derly, the poor, the most vulnerable? even people who do have work have a subsidies for Big Oil and gas. I do un- I am going to continue doing every- difficult time when they sit down at derstand there is legislation going to thing I can to make sure the budget that dinner table Friday night after be coming to the floor which I strongly that is finally passed here in the Sen- dinner, figuring out how they are going support. It doesn’t go as far as I would ate is a fair budget, is a responsible to pay the bills. The cost and needs go, but it basically says the top five oil budget, is a just budget. keep going up. And even when you have companies that have made billions of I yield the floor. a job, the income does not seem to dollars in profits and are now charging The PRESIDING OFFICER. The Sen- keep up. us $4 a gallon—prices are soaring de- ator from New York. So that is one obligation voters sent spite the fact that supply today is Mr. SCHUMER. Madam President, us, and it is a very justified one. Sec- greater than it was a year ago and de- first I want to give kudos and acco- ond, they said in no uncertain terms,

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.024 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2908 CONGRESSIONAL RECORD — SENATE May 12, 2011 rein in the out-of-control Federal def- ily will pay almost $1,000 more on gas You do not need the imagination of icit. Rein it in. And they are right. Be- this year than last. Families across the Lewis Carroll to come up with a more cause in a certain sense, I have said country are still struggling to make ridiculous scenario. That is why I this before, but I think it is worth re- ends meet. As the economy slowly re- strongly support and I am proud to co- peating: The debt—the symbolic nature covers, they cannot afford to get sponsor Senator MENENDEZ’s Close Big of the debt is as follows: We, the U.S. gouged at the pump. Oil Tax Loopholes Act. This legislation Government, are a blindfolded man, With billions of dollars worth of tax will put an end to taxpayer handouts in and we are walking toward the cliff. subsidies and gas prices at near record the five largest integrated oil compa- Once we fall off that cliff, there is no highs, it is no wonder that the top five nies, and use the $21 billion in savings getting back up. oil companies just announced mind- to reduce the deficit. This $21 billion is Now the debate is whether we are 20 boggling profits. These companies are an excellent downpayment on our ef- feet from that cliff or 200 yards from not only among the most profitable fort to get the Nation’s fiscal house in that cliff. But we know sooner or later businesses in the United States, they order. The bill repeals a host of Byzan- if we keep walking straight, we are are among the most profitable in the tine tax provisions that only a lobbyist going to fall off. So that means try to whole world. In the first quarter of this could love, such as the deduction for rein in this out-of-control Federal def- year alone, the Big Five brought in $36 tertiary injectants and the deduction icit. It would be hard enough to accom- billion in profits. In the past decade, for intangible extraction costs. plish one of these goals. To try to do they took home nearly $1 trillion—not Small and medium-sized oil firms are both at once is a Herculean task. It is a billion, a trillion dollars in profits. exempt. The legislation only deals with why we are having such divisions here, There is nothing wrong with these the Big Five: Shell, ExxonMobil, Chev- and it is why everyone is grappling. profits in and of themselves. In Amer- ron, ConocoPhillips, and BP. I have I think everybody is trying to do the ica we celebrate success, we want the heard pundits from the hard right par- right thing regardless of their ideology. private sector to thrive. But at a time rot Big Oil’s talking point that repeal- But there are strong feelings. So when when the government is looking to ing these giveaways would increase gas we can come to issues that seem to tighten its belt, and we are grappling prices for consumers. Well, nothing have an easy common ground, because with painful cuts because we have the could be further from the truth. Inde- things are so difficult, we ought to dual goal of growing the middle class pendent analyses have repeatedly jump at them. That is what the Menen- but also reducing the deficit, it boggles found that ending these absurd sub- dez amendment is. It is a choice that is the mind that we continue to subsidize sidies would not impact the price of not a tough one, not a mile, because it such a lavishly profitable industry. gas. In what was perhaps an inad- There are priorities. I said this to the vertent moment of candor at this is obvious that at this time, when oil company executives today when morning’s Senate Finance Committee there are so many needs, to continue to they testified before the Finance Com- hearing, ExxonMobil’s CEO Rex give the oil companies the kinds of tax mittee. I want to salute Chairman BAU- Tillerson said: ‘‘Gasoline prices are a break we do makes no sense. Getting CUS for holding such outstanding hear- function of crude oil prices, which are rid of these corporate subsidies to Big ings. There are priorities. How many set in the marketplace by global supply Oil is a no-brainer. Decades ago these Americans would say, if we had to and demand—not by companies such as were passed. Oil was $17 a barrel. choose, that we should give oil compa- ours.’’ Maybe it made sense in those days to nies an extra subsidy rather than help That does not seem like an objection- give companies an incentive to explore, kids who deserve to go to college pay able comment. It is true. And when he to produce. for college? made that comment, Mr. Tillerson of One of the subsidies the Menendez That is what many of my colleagues ExxonMobil has conceded that repeal- legislation repeals, the Oil Depletion are recommending. That is what the ing taxpayer-funded subsidies for the Allowance, dates back to 1913. That is House budget recommended. How many Big Five will not increase prices. the same year a man named William of my colleagues would say we ought to Prices are set, as he said, by global Burton patented a new oil extraction cut cancer research but still continue supply and demand. process called ‘‘thermal cracking.’’ to give the oil companies the subsidies That is not to say that repealing the Well, Big Oil no longer cracks for pe- we do? Again, the Ryan budget does subsidies will necessarily bring down troleum using Mr. Burton’s method. It that. prices. We are not making that claim. is an outdated process, decidedly. But I understand they say we have to cut All along we have been clear that the the outdated tax subsidy still remains spending. We do. But we also have to purpose of this bill is to make a dent in on the books, amazingly enough. With cut out wasteful giveaways such as tax the deficit by repealing tax breaks for oil hovering at $100 a barrel, Big Oil breaks for Big Oil. I would do that be- the five companies that are the least in reaping record profits, it defies logic fore I cut aid to college students who need of help from Uncle Sam. for this government to spend billions of are struggling to pay for college, which Lowering the cost of gas and ridding dollars, for these taxpayers to give dol- is more and more expensive, before I our country of its dependence on for- lars out of their pocket every year cut cancer research, which has saved eign oil requires a long-term, com- when they are struggling, to tax give- millions of lives, including people we prehensive approach. In the months aways to Big Oil which is making know and love. I would do that before ahead, I expect the Democratic caucus record profits. I cut money for veterans or cut money will unveil a thorough and forward- Believe me, the free market gives the to keep our homeland secure. But the thinking plan to do just that. oil companies enough of an incentive budget Mr. RYAN has proposed, and In the meantime, if Republicans in to produce. When oil is $100 a barrel, many of the budgets I have seen come the House are serious about deficit re- they do not need an extra subsidy from from colleagues on the other side of the duction, the Menendez bill is their the government to produce. They are aisle, choose these subsidies to Big Oil chance to show it now. There is no going to produce every bit of oil they over money to help kids pay for col- good reason not to support this sen- can. lege, over cancer research, over helping sible legislation. Speaker BOEHNER said They make huge profits, so they do our veterans, over keeping our home- earlier this week he wants to make not need a financial nudge from Wash- land secure. trillions of dollars in cuts. Here is a ington. At the same time, middle-class Hardly any American would agree good place to start. Indeed, the Speak- Americans get hit with a double wham- with that. Hardly any American, er himself has previously said as much. my. They are paying $70 or more to fill Democratic or Republican, liberal, con- Let’s not forget he was in favor of re- up their gas tanks, and then some of servative, North, East, South, or West. pealing oil subsidies before he was their hard-earned tax dollars are being Try to wrap your head around it. Big against it. The bottom line is this: At used to line Big Oil’s pocket. Oil is reporting record profits, gas a time of sky-high oil prices, it is In my home State of New York, the prices are near an all-time high, and we unfathomable to continue to pad the price of gas is up 35 percent on average the American taxpayers are subsidizing profits of oil companies with taxpayer- compared to this time last year. the oil industry to the tune of $4 bil- funded subsidies. The time to repeal Economists estimate the typical fam- lion a year. these giveaways is now.

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.025 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2909 Our plan to cut the deficit begins ginia to recommend to the President unanimously confirm Ms. Arenda with ending wasteful subsidies to big when vacancies do occur on the Federal Wright Allen to serve as a district oil. The Republican plan begins with bench. When I first arrived in the Sen- judge in Virginia. I thank my col- ending Medicare as we know it. That is ate, Senator John Warner and I devel- leagues from both sides of the aisle for a bright-line difference between our oped a robust, collaborative selection their vote. I am confident that we will side and theirs. We know what choice process to review candidates. Senator give the same support to another excel- the American people will make. MARK WARNER and I have continued lent nominee from Virginia under con- Mr. President, I ask that the Pre- this thorough, deliberative process, and sideration today. siding Officer report the nomination. we were pleased to recommend Judge I rise to speak in support Judge Mi- f Michael Urbanski to President Obama chael Urbanski to serve as the next in June of last year. President Obama U.S. district judge for the Western Dis- CONCLUSION OF MORNING first nominated Judge Urbanski for a trict of Virginia. BUSINESS seat on the U.S. District Court for the Judge Urbanski would be appointed The PRESIDING OFFICER (Mr. Western District of Virginia last De- to a court that is known for its rigor BLUMENTHAL). Morning business is cember. He renominated Judge and quality. It is a court that requires closed. Urbanski earlier this year, and Judge a highly effective judge that is sen- Urbanski was reported out of the Judi- f sitive to the details of each case. I ciary Committee without opposition on think Judge Urbanski is perfect for EXECUTIVE SESSION March 10 of this year. this job. Senator WARNER and I jointly re- He graduated from the College of viewed a highly competitive field from NOMINATION OF MICHAEL William and Mary and the University the Western District of Virginia. Judge of Virginia Law School. He also served FRANCIS URBANSKI TO BE Urbanski stood out to me because of UNITED STATES DISTRICT as a law clerk for the Honorable James the resounding recommendations from Turk, a district judge in the Eastern JUDGE FOR THE WESTERN DIS- the bar associations which he covers TRICT OF VIRGINIA District of Virginia. now as a magistrate judge. Those rec- Following his clerkship, he worked in The PRESIDING OFFICER. Under ommendations all noted Judge the private sector where he built expe- the previous order, the Senate will pro- Urbanski’s incredible work ethic. He rience in antitrust litigation, coun- has worked tirelessly as a magistrate ceed to executive session to consider seling and investigations, contract and judge to ensure the efficient adminis- the nomination of Michael Francis business tort litigation and intellec- tration of justice in the Western Dis- Urbanski, which the clerk will report. tual property litigation. trict of Virginia. He has served in this The legislative clerk read the nomi- Since 2004, he has served as a mag- capacity since 2004. He also has an out- nation of Michael Francis Urbanski, of istrate judge in Roanoke, VA, where he standing reputation for fairness and a Virginia, to be United States District has built strong connections to the good judicial temperament. He has Judge for the Western District of Vir- community and a reputation as a fair contributed to the efficiency of the ginia. and impartial judge. Western District of Virginia by being The PRESIDING OFFICER. Under I would be remiss not to mention the an effective mediator, resolving a sub- the previous order, there will be 1 hour overwhelming support his candidacy stantial number of disputes without of debate with respect to the nomina- received from the legal community in lengthy litigation. He also recently es- tion, with the time equally divided in which he will serve. In addition, the tablished a veterans court in the West- the usual form. Virginia State Bar, the Virginia ern District. This court strives to uti- The Senator from Virginia. Women Attorneys Association and the lize the many services available to our Mr. WEBB. Mr. President, I was very Salem/Roanoke County Bar Associa- veterans in order to try to find alter- gratified yesterday when the Senate tion ranked Judge Urbanski as ‘‘highly unanimously voted to confirm Arenda natives to incarceration from non- violent offenders and to break the qualified’’ or ‘‘most highly qualified.’’ Wright Allen as U.S. District Judge for I again would like to thank Chair- the Eastern District of Virginia, and I cycle of recidivism. I am very proud to say Judge man LEAHY and Ranking Member am very glad to be here to speak in GRASSLEY for moving Judge Urbanski’s support of Virginia’s nominee to the Urbanski is a product of Virginia’s pub- lic universities. He graduated from the nomination through the Judiciary Western District of Virginia, Judge Mi- University of Virginia School of Law in Committee so that we could consider chael Urbanski. 1981 and the Nation’s oldest university, him today. As I testified at the hear- As I did yesterday, I wish to express the College of William and Mary, in ing, I look forward to casting my vote my appreciation to the leadership of 1978. in support of Judge Urbanski’s nomina- both parties in the Senate for sched- Prior to becoming a Federal mag- tion and encourage my colleagues on uling these important confirmation istrate judge, Judge Urbanski earned a both sides of the aisle to do the same. votes. Filling existing vacancies on our reputation as one of the top trial law- Mr. President, I ask unanimous con- courts is important to Virginia, it is yers in western Virginia. He was the sent that the time used in quorum calls important to America, particularly in head of the law firm of Woods Rogers’ during the debate on the Urbanski these cases where the nominees are litigation section and practiced in Roa- nomination be charged equally to both noncontroversial to either party and, noke from 1989 to 2004. I have met per- sides. thus, are able to be brought forward for sonally with Judge Urbanski. I am con- The PRESIDING OFFICER. Without reasonably quick confirmation. vinced he has the correct judicial tem- objection, it is so ordered. One of the bedrock principles in this perament, intelligence, and dedication Mr. WARNER. I suggest the absence country is access to justice, and it can to make an excellent district court of a quorum. clearly be said that vacancies on our judge. I also had the pleasure of meet- The PRESIDING OFFICER. The courts create backlogs, bottlenecks ing with his family, many of his clerk will call the roll. and delays, and justice delayed is obvi- friends, law clerks, and colleagues. His The assistant legislative clerk pro- ously justice denied. dedication to his family and to his ceeded to call the roll. Again, I wish to express my apprecia- community is abundantly apparent. Mr. GRASSLEY. Mr. President, I ask tion to the leadership for moving these Though I am proud Virginia has such unanimous consent that the order for two very highly qualified nominees, an exemplary individual to put forward the quorum call be rescinded. Arenda Wright Allen, who was con- as a district judge nominee, the Judici- The PRESIDING OFFICER. Without firmed yesterday, and Judge Michael ary Committee clearly shares this objection, it is so ordered. Urbanski, who will be voted on shortly. view, having voted out Judge Urbanski Mr. GRASSLEY. Mr. President, I In that regard, I am proud of the unanimously. I urge all my colleagues wish to address the Senate on the nom- work we have been able to do during to support his confirmation. ination of Michael Urbanski to be a my time in the Senate in finding dedi- Mr. WARNER. Mr. President, yester- U.S. district judge for the Western Dis- cated, well-qualified jurists from Vir- day this Chamber came together to trict of Virginia.

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.033 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2910 CONGRESSIONAL RECORD — SENATE May 12, 2011 Since we have returned from the to be a pro forma process. I will con- NER. His nomination was reported April recess, we have done very little tinue to give scrutiny to all nominees unanimously by the Judiciary Com- else other than consider judicial nomi- regardless of home State support. I do mittee over a month ago. I expect that nations. This will be the third judicial not consider it delay or obstruction to it will be unanimously confirmed nominee to be confirmed in the last 3 fulfill that duty. If the other side today. days and the 23rd confirmed this year. chooses to do so, of course, that is up In addition to Judge Urbanski, there In fact, after today, we will have con- to them, but I will not simply remain another 10 judicial nominations firmed six judges in just 8 days. I know rubberstamp those nominees. We will on the Executive Calendar that have the liberal interest groups have been continue to process the nominees fairly been ready for final Senate action for pressuring the other side to consider and with the standard to which the weeks and, in some cases, many more nominees even though we have people rightly hold us. months. Today we reported another been moving at a very brisk pace this I support today’s nominee. Michael five of President Obama’s judicial entire Congress, but it is surprising to Francis Urbanski is nominated to be a nominations favorably. They are now, me, with all the issues facing the Na- U.S. district judge for the Western Dis- also, ready to be considered by the Sen- tion at home and abroad, that we trict of Virginia. He presently serves as ate. All of these nominees have a would spend 2 weeks on the floor con- a U.S. magistrate judge in the same strong commitment to the rule of law sidering little else. district. and a demonstrated faithfulness to the Our economy continues to struggle. Judge Urbanski received his BA with Constitution. They should have an up- Millions of Americans remain out of high honors from William & Mary in or-down vote after being considered by work and are unable to find jobs. The 1978 and his juris doctorate from the the Judiciary Committee, and without unemployment rate remains at ap- University of Virginia School of Law in additional weeks and months of need- proximately 9 percent. Those who do 1981. Upon graduation, he served as a less delay. have jobs are finding it more and more law clerk to the Honorable James C. Our ability to make this kind of difficult to get to work as gas prices Turk of the U.S. District Court for the progress regarding nominations has are over $4 a gallon and inching even Western District of Virginia. From 1982 been hampered by the creation of what higher. Our Nation is facing significant to 2004, Judge Urbanski worked in pri- I consider to be misplaced controver- national security issues. Every single vate practice, first as an associate at sies about many nominees’ records. Re- day, our national debt continues to the Washington, DC, office of Vinson & cently, Republican Senators have tried climb to unsustainable levels. These Elkins and then with the firm of Woods to twist nominees’ litigation experi- are incredibly important issues. I Rogers, where he became a principal in ence against them. Their partisan at- would not go so far as to say the major- 1989. In 2003, the nominee was ap- tacks are not consistent. Republicans ity does not care about the issues fac- pointed to his present position. In 2010, oppose some nominees by saying that ing our Nation. Perhaps they are sim- Chief Judge James Jones appointed the they do not have sufficient litigation ply out of ideas. But as Americans con- nominee to chair an advisory com- experience. When a nominee has exten- tinue to struggle in this economy, it is mittee on the new local rules adopted sive experience and is a successful trial difficult to understand why we would in the Western District. lawyer, they reverse themselves and spend 2 weeks voting on hardly any- The American Bar Association Com- complain that the nominee has too thing but judicial nominations. mittee on the Federal Judiciary has much experience and will be biased by As I said, the Senate has been mov- given Judge Urbanski their highest it. ing swiftly this year on those nomina- rating—unanimously ‘‘well qualified.’’ It is difficult to satisfy people whose tions. We have confirmed 23 nominees I am pleased to support this experi- standards change in order to explain in just 49 days. That is a rate of one enced nominee, and I urge my col- their opposition. Republicans seem to judge almost every other day the Sen- leagues to do the same. react this way to President Obama, his ate has been in session since convening Mr. LEAHY. Mr. President, today, actions and his nominees. Republicans in January. the Senate considers the nomination of However, the Senate must not place were for a deficit commission until Michael Francis Urbanski to fill a judi- quantity confirmed over quality con- President Obama was for it; then they cial vacancy on the District Court for firmed. These lifetime appointments voted against it. They were for action the Western District of Virginia. I are too important to the Federal judi- in Libya until President Obama took ciary and the American people for the thank the majority leader for sched- action; then they were against it. They opposed Judge McConnell of Senate to simply rubberstamp these uling the vote today on this nomina- nominations. tion, as well as the vote yesterday on Rhode Island supposedly because he I was surprised during one of our re- another nomination to fill a vacancy in was an excellent trial lawyer. They op- cent debates to hear one of my col- Virginia. With vacancies at 90 in Fed- posed Judge Chen of California despite leagues on the committee come to the eral courts throughout the country, I his 10 years as a fair and impartial Fed- Senate floor and imply otherwise. Dur- hope that we can continue to work to- eral judge magistrate, because he was a ing the debate on the confirmation of gether in the remaining weeks of this staff attorney litigating to protect Edward Chen, a reference was made to work period to ensure that the Federal civil rights. Both of these nominees what was characterized as the Senate’s judiciary has the resources it needs to have assured us that they understand longstanding tradition—a deference to fulfill its constitutional role. the difference between being an advo- home State Senators with regard to Our action to take up and vote on cate for a client and serving as a judge. the Federal district court nominations. these nominations from Virginia, and I have no doubt that they do. Judge That Senator stated that in his time in to come to a time agreement to debate Chen demonstrated his impartiality in the Senate, where a Federal district and vote on the long-delayed nomina- 10 years of work as a Federal mag- court nominee is backed by the two tion of Ed Chen to the Northern Dis- istrate judge. Republicans chose to ig- home State Senators, it is usually al- trict of California earlier this week, nore his demonstrated qualifications most pro forma that the nominee is show that the delays that have slowed and experience. They likewise ignore confirmed. our progress on nominations are unnec- the sworn testimony of the nominees The fact is that home State Senators essary. at our hearings and their answers to do have a great deal to say in who Judge Urbanski has been a mag- Republicans own questions. When they should serve the country on the bench. istrate judge for 7 years on the court to do that, it makes you wonder what is That is part of the advise-and-consent which has now been nominated. Pre- driving their decisions to oppose these process. But there are 100 voices in this viously, he was in private practice in qualified nominees. body, and we speak for the American Roanoke, VA, and Washington, DC, and These are Republican Senators who people who come before these jurists. was a law clerk to the Western District demanded that President Bush’s nomi- We must ensure they are fit to serve as of Virginia Judge James C. Turk. nees be confirmed despite their ideo- impartial arbiters. Judge Urbanski’s nomination has the logical commitment to conservative I do not consider the confirmation support of both of his home State Sen- activism. In those years, Republicans process for a Federal judicial nominee ators, Senator WEBB and Senator WAR- argued that nominees’ careers devoted

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.034 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2911 to serving corporate interests and con- The assistant editor of the Daily Di- ETHICS COMMITTEE REPORT ON servative causes were irrelevant to the gest called the roll. FORMER SENATOR JOHN ENSIGN Senate’s inquiry and that all nominees Mr. KYL. The following Senators are Mrs. BOXER. Mr. President, yester- should be confirmed if they met basic necessarily absent: the Senator from day the Senate Ethics Committee qualifications. In President Bush’s first North Carolina (Mr. BURR), the Senator voted unanimously to release the spe- term, the Senate regularly considered from Indiana (Mr. COATS), the Senator cial counsel’s report regarding the ac- nominations, confirming 205 to lifetime from Mississippi (Mr. COCHRAN), the tions of former Senator John Ensign. appointments. We remain well behind Senator from Texas (Mrs. HUTCHISON), The committee also voted unani- that pace, having been allowed to con- the Senator from Alaska (Ms. MUR- mously to refer several findings to the sider only 83 of President Obama’s KOWSKI), and the Senator from Lou- Department of Justice and to the Fed- nominations in nearly 28 months of his isiana (Mr. VITTER). eral Election Commission because we term. The PRESIDING OFFICER (Mr. had reason to believe that Senator En- Senate Republicans are now adopting SANDERS). Are there any other Sen- sign violated laws within their jurisdic- a much different standard—and a shift- ators in the Chamber desiring to vote? tion. I want to thank from the bottom ing one at that. It almost seems like The result was announced—yeas 94, of my heart the Senators who partici- whatever might be claimed to justify nays 0, as follows: pated in this investigation, many of strenuous opposition and voting no on [Rollcall Vote No. 70 Ex.] whom are on the floor today: my vice an Obama nominee is justified by the YEAS—94 chairman, the extraordinary leader, end—opposing the President. That is Senator ISAKSON—and I say leader, I Akaka Graham Moran wrong. That is wrong because this Alexander Grassley Murray mean a leader on the committee. I con- President has worked hard to consult Ayotte Hagan Nelson (NE) sider him to be a cochair with me. And with Republican home State Senators. Barrasso Harkin Nelson (FL) Senator ROBERTS, who has been on this Yet they still oppose them, including Baucus Hatch Paul committee for a long time, who has a Begich Heller Portman President Obama’s first nomination Bennet Hoeven sense of history, and a sense of levity, Pryor and pragmatism. I appreciated his co- that of Judge David Hamilton of Indi- Bingaman Inhofe Reed Blumenthal Inouye ana. Despite Senator LUGAR’s support, Reid operation. Blunt Isakson Risch I want to note the participation of Republicans filibustered that nomina- Boozman Johanns Roberts SHERROD BROWN, who came on this tion and delayed it for months. They Boxer Johnson (SD) Rockefeller have filibustered five of President Brown (MA) Johnson (WI) committee and began this journey with Brown (OH) Kerry Rubio us and his very important contribu- Obama’s judicial nominations to date. Sanders Cantwell Kirk tion; Senator RISCH, who brought with It is wrong because their actions Schumer Cardin Klobuchar him a very strong legal slant on every- have created a judicial vacancies crisis Carper Kohl Sessions thing we did and was very valuable. I that persists to this day. If the 22 judi- Casey Kyl Shaheen Chambliss Landrieu Shelby want to thank him. cial nominees Republicans point to as Coburn Lautenberg Snowe I want to say a special word of being confirmed this year, 15 should Collins Leahy Stabenow thanks to Senator CARDIN who sat in have been confirmed last year and were Conrad Lee Tester on this case because Senator PRYOR needlessly delayed. One even required Coons Levin Thune Corker Lieberman felt he had too close a relationship cloture to end an unprecedented fili- Toomey Cornyn Lugar Udall (CO) with Senator Ensign and had to recuse buster against a Federal trial court Crapo Manchin Udall (NM) DeMint himself. Senator CARDIN, we thank you nominee. McCain Warner Durbin McCaskill so much for coming in and focusing on Webb With judicial vacancies at crisis lev- Enzi McConnell Whitehouse this case. I have to say, I am so grate- els, affecting the ability of courts to Feinstein Menendez Wicker ful to how thoroughly and hard and provide justice to Americans around Franken Merkley Gillibrand Mikulski Wyden collaboratively we all worked during the country, we should be debating and this 22-month investigation. I say—and voting on each of the 15 other judicial NOT VOTING—6 I mean—it was an honor to work with nominations reported favorably by the Burr Cochran Murkowski my colleagues. Judiciary Committee and pending on Coats Hutchison Vitter The Ethics Committee is unique. Its the Senate’s Executive Calendar. The The nomination was confirmed. staff is nonpartisan, and its actions are progress we have started to make these The PRESIDING OFFICER. Under bipartisan. That is so important al- last 2 weeks is a sign that the Senate the previous order, the motion to re- ways, but particularly during these can do better to ensure that the Fed- consider is considered made and laid very polarized times, and also because eral judiciary has the judges it needs to upon the table. The President will be this was such a long and difficult inves- provide justice to Americans in courts immediately notified of the Senate’s tigation for many reasons. throughout the country. action. I want to be clear about why the I congratulate Judge Urbanski and committee is releasing its report to the f his family on his confirmation today. public and why Senator ISAKSON and I Mr. President, I suggest the absence LEGISLATIVE SESSION are addressing the Senate today. If any of a quorum. The PRESIDING OFFICER. The Sen- of our colleagues wish to add to our The PRESIDING OFFICER. The ate will resume legislative session. comments, I hope they will do so. clerk will call the roll. While Senator Ensign’s resignation The assistant Daily Digest editor f ended our investigation before the next proceeded to call the roll. MORNING BUSINESS phase, which was the adjudicatory Mr. MANCHIN. Mr. President, I ask phase or the trial phase, it did not end unanimous consent that the order for Mrs. BOXER. Mr. President, I ask our profound responsibilities to the the quorum call be rescinded. unanimous consent that the Senate Senate, to our laws, to our rules, to our The PRESIDING OFFICER. Without proceed to a period of morning business Constitution, and, of course, to the objection, it is so ordered. for debate only until 5 p.m., with Sen- American people. The question is, Will the Senate ad- ators permitted to speak for up to 10 Article 1, section 5, clause 2 of the vise and consent to the nomination of minutes each. Constitution of the United States says Michael Francis Urbanski, of Virginia, The PRESIDING OFFICER. Without that: ‘‘each House may determine the to be United States District Judge for objection, it is so ordered. rules of its proceedings, punish its the Western District of Virginia? Mrs. BOXER. Mr. President, I ask members for disorderly behavior, and, Mr. MANCHIN. Mr. President, I ask unanimous consent that I may speak with the concurrence of two-thirds, for the yeas and nays. for up to 20 minutes, followed imme- expel a member.’’ That is in the Con- The PRESIDING OFFICER. Is there a diately by Senator ISAKSON for such stitution. sufficient second? There appears to be time as he may consume. Senate rules give the Ethics Com- a sufficient second. The PRESIDING OFFICER. Without mittee responsibility to investigate al- The clerk will call the roll. objection, it is so ordered. leged violations of laws and rules and

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In my view, if I can have ‘‘reason to believe’’ that a viola- mination of an extensive 22-month in- say my own personal view, it shows tion of law has occurred, we ‘‘shall’’ re- vestigation and the basis for the com- something else; that is, when you are port it to the proper authorities. mittee’s unanimous decision to refer in a position of trust and power, don’t Let me say that again. Ethics Com- this matter to the Department of Jus- abuse it. Don’t misuse it because peo- mittee rules make it clear that when- tice and the Federal Election Commis- ple can get hurt, very hurt. ever the members of the committee sion. We cannot violate the laws or rules have reason to believe that a violation As Chair of the Senate Ethics Com- we set for others, including our own of law has occurred, we shall report it mittee, I am proud to report to the staffs. We must always lead by exam- to the proper authorities. So we have a Senate that our committee and its ple, not by words alone. solemn responsibility indeed. It is ac- staff and special counsel have been fair This Ensign case was a sad chapter tually a mandate to refer possible and thorough. We deposed or inter- for the Senate but a far sadder chapter criminal or civil violations to the De- viewed 72 witnesses. We issued 32 sub- for those whose lives were affected and partment of Justice and to the Federal poenas for documents. We reviewed destroyed by his actions. I wish to Election Commission. That is what we more than one-half million documents, thank the Senate for placing its trust have done today. including a large number that were ini- in the Ethics Committee. We also have another responsibility. tially withheld from the committee. I yield to the vice chairman of the That is to tell the American people None of this would have been possible committee, the one whom I consider when we believe laws and rules have without the very hard work done by my cochairman, Senator ISAKSON. been broken, and that standards of con- the staff of our committee, our per- Mr. ISAKSON. Thank you, Madam duct have been breached. That is what sonal offices—and I am so grateful to Chairman. we have done today. them—the special counsel who was ex- Mr. President, on certain occasions Our special counsel, Carol Elder traordinary and to whom we all owe a in the life of a public official one is Bruce, has written a report that speaks debt of gratitude. called upon to make difficult and un- in great detail about her findings, and I particularly wish to thank the staff pleasant decisions. Such is the case for that report has been released today. director and the chief counsel of the the six members of the U.S. Senate These findings are so disturbing that Ethics Committee, John Sassaman, Ethics Committee today. But we recog- she believed that had Senator Ensign and his team. They were focused and nize it is essential that the institu- not resigned, and had we been able to they searched for the truth, and we be- tion—this Senate—that passes the laws proceed to that adjudicatory phase, the lieve they found the truth. which all our citizens must live under evidence of Senator Ensign’s wrong- Again, I also wish to personally must also enforce those laws and rules doing would have been substantial thank our special counsel, Carol Elder of standards and conduct which we im- enough to warrant the consideration of Bruce, and her team. pose upon ourselves. It is a solemn re- expulsion, the harshest penalty avail- Our Founders gave Congress the re- sponsibility, but it is important to the able to the Ethics Committee and the sponsibility to ensure that its Members integrity and the future of this institu- Senate. behave ethically. The Ethics Com- tion. That is why when former Senator En- mittee tries to do this by working to The Senate Ethics Committee looks sign resigned, the vice chairman and I prevent violations of rules and laws upon itself as an advisory board and a put out a statement, and we said that when possible. We try to work with col- source of information and counsel to he had made ‘‘the appropriate deci- leagues before they do something they our Members. We ask Members to come sion.’’ shouldn’t do. We try to train col- to us when there are questions about I want to give you the findings of the leagues so they understand what we the potential ethical violation of a de- special counsel. mean when we say don’t bring any kind cision or even something that might, One. There is substantial credible of shame upon the Senate. Then, if in passing, seem to be trivial. Our job evidence that Senator Ensign conspired something bad happens, we give a fair is to make sure everybody who has a to violate Doug Hampton’s postem- hearing, we might sanction them, and question gets an answer and no one ployment contact ban. we do when necessary. This isn’t an unwillingly gets caught in an unethical Two. There is substantial credible easy task, but every member of the situation. But it is also our responsi- evidence that Senator Ensign aided and Ethics Committee is committed to ful- bility, when complaints are filed, to abetted Mr. Hampton’s violations of filling our critical responsibility in a follow up on those complaints and, if the postemployment contact ban. thorough, fair, and bipartisan fashion. we find merit in the complaint, to Three. There is substantial credible When Senator Ensign resigned, he enter an initial investigatory period of evidence that Senator Ensign made said: ‘‘I have not violated any law, any time which, if that position bears false and misleading statements to the rule, or standard of conduct.’’ I wish to enough likelihood that a violation has Federal Election Commission regard- go on record as chairman of the Ethics occurred, ultimately goes to an adju- ing the $96,000 payment made to the Committee to say how strongly I dis- dicatory phase and then finally a deci- Hamptons. agree with that statement. sion on the floor of the Senate. It is Four. There is substantial credible Let’s be clear. It was Senator En- rare, and I can tell my colleagues per- evidence that the $96,000 payment to sign’s actions that led to the ethics sonally it is a situation I hope I am Mr. Hampton violated Federal cam- complaint filed against him. It was never involved in again. But, as I said, paign finance laws. Senator Ensign’s actions that led to a it is an essential process to the integ- Five. There is substantial credible 22-month investigation by the Ethics rity of this body. evidence that Senator Ensign violated Committee. It was Senator Ensign’s ac- When the particular complaint in a law and a Senate rule prohibiting un- tions that led to the very serious find- question in the Ensign case came to us, official office accounts. ings and referrals in the report we are it was, similar to any other case, re- Six. There is substantial credible evi- releasing to the public today. viewed initially to determine whether dence that Senator Ensign permitted The committee believes every Sen- it even merited an investigation. After spoliation of documents and engaged in ator should read this report very care- the initial review determined it did potential obstruction of justice. fully. Let me say that again. The com- merit an investigation, the Senate Seven. There is substantial credible mittee believes every Senator should staff did an overwhelming and wonder- evidence that Senator Ensign discrimi- read this report very carefully because ful job of gathering information, evi- nated on the basis of gender. it is a cautionary tale. It shows that dence, and testimony to help us get to Eight. There is substantial credible our actions—all of them—have con- a position to begin to make a decision evidence that Senator Ensign engaged sequences for ourselves, for our fami- as to whether we could go further in

VerDate Mar 15 2010 02:21 May 13, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.037 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2913 the case. But we didn’t rely just on Missel, and John Songstregth, who all the wellhead or the price of gasoline at ourselves. We sought forensic experts worked with her legal team. The staff the pump, impacts every sector of our and computers and technology so the of the Ethics Committee, our staff di- economy. It affects jobs, it affects eco- over 500,000 documents that were re- rector, John Sassaman, has been in- nomic growth, and it certainly affects viewed and cross-referenced had a fo- valuable in his tireless hours of work the purchasing power of the American rensic test to them and we knew what to see to it that every I was dotted, family; therefore, their standard of liv- we were dealing with and how it was every T was crossed, and the com- ing and our quality of life. dealt with. We even hired a special mittee did its job. To Rochelle Ford, So what do we do? Well, the fact is, counsel, which is rare for the Senate Lynn Tran, Bill Corcoran, and Dan oil prices are subject to the same laws Ethics Committee to do, but it was es- Schwager, thanks to them for all the of supply and demand as other com- sential because of where the evidence effort they made. modities. When we increase the supply, and the testimony was leading the I will end where I began. No one in that helps bring prices down. When we committee. public office volunteers for the type of reduce demand, that helps bring prices I wish to say, at this point in time, I responsibilities we have had in the case down. Of course, just the reverse is have known a lot of lawyers in my day, of Senator Ensign. But all of us took true as well. When we have less supply ones I have hired and ones I have been that responsibility when it came upon or more demand, that tends to push the on the other side of the deposition us, recognizing the integrity of the price higher. So clearly—clearly—we table from. I have never known any- Senate and the integrity of our deci- need to do all we can to produce more body more professional or whose abil- sion was important for the future of energy in this country, and certainly ity I admired more than Carol Elder this body. As sad as the deliberations we need to produce more domestic fuel, Bruce, and I wish to commend her on were and the ultimate result was, it more domestic oil and gas. the floor of the Senate. It was her re- was proof that this Senate and its Eth- I don’t know how many people realize port which we are also submitting with ics Committee can stand and do the ef- it, but over the last few years—over the referrals today to indicate that we fort necessary to see to it this institu- the last approximately 5 years—oil im- have looked to see that there was rea- tion’s integrity proceeds in the future ports into this country have actually sonable evidence to conclude that a uninhibited and unendangered. been going down, and that is why I violation may have occurred. The ulti- With that, unless there is a Member have brought this chart along which mate decision on that will be up to the who wishes to speak, I note the absence was prepared by the Congressional Re- U.S. Department of Justice and it will of a quorum. search Service. As we can see from the be up to the Federal Election Commis- The PRESIDING OFFICER. The chart, domestic oil was shrinking from sion. But the report clearly indicates clerk will call the roll. about 1985 to 2005, and by 2005 we in- that the Senate Ethics Committee did The legislative clerk proceeded to creased our imports to a total of 12.4 not act on what it thought or an opin- call the roll. million barrels a day, approximately 60 ion or a whim. It acted on facts deter- Mr. HOEVEN. Madam President, I percent of the total oil we consumed in mined through hundreds of interviews, ask unanimous consent that the order 2005. 500,000 documents that were examined, for the quorum call be rescinded. However, since 2005 things have and testimony that came to our com- The PRESIDING OFFICER (Mrs. begun to change. We have made mittee. MCCASKILL). Without objection, it is so progress. We have made progress both It is the hope of the chairman and ordered. because we are producing more oil and myself and each member of the com- f gas in this country and also because we mittee that every Member recognizes are using less. So we can see from 2005 the Senate Ethics Committee wants to ESCALATING GASOLINE PRICES to 2010 we have actually reduced the be a source of information, advice, and Mr. HOEVEN. Madam President, I amount of oil we import into this coun- counsel, to see to it this institution al- rise to speak this afternoon about the try from about 60 percent of what we ways rises to the occasion as the most escalating cost of gasoline at the use to less than 50 percent. Today, ethical body in our government. But pump—something that affects every about 49 percent of the fuel we con- we will as a committee, if it becomes American consumer. Crude oil prices sume is actually produced in this coun- necessary and the evidence finds it to are now more than $100 a barrel and the try. That is a significant reduction in be true, pursue our responsibility as a price of gasoline at the pump for our our imports of about 3 million barrels a committee and we will do what is re- consumers is about $4 on average day from 2005. quired of us in this body. across the Nation. It is even more here So what changed? Well, what I wish to thank Chairman BOXER for in the District. Despite some correc- changed is we are producing more oil. the method in which she has handled tion recently in the oil commodity We are producing more oil offshore and this from the beginning to the end, as markets, the U.S. Energy Information onshore in the lower 48, and we are also well as Laura Schiller, who has been Administration expects that prices this producing more natural gas liquids. As her aide throughout and helpful. I also summer will average $1 more than they I said just a minute ago, we are also wish to commend Joan Kirchner, Chris did just a year ago. consuming less, and we need to con- Carr, and Glee Smith on my staff for Gasoline price spikes are a form of tinue to do both. In addition to those their tireless efforts. The members of stealth inflation eating away at the in- things, though, we are also increas- the committee also should be com- come of American families, impacting ingly relying on friendly governments mended for their hard work, and it has our economic growth, and deepening for our imports rather than govern- been hard work. BEN CARDIN has been a the hardship to the almost 14 million ments that are hostile to our country. tremendous legal mind for us. SHERROD people we have still looking for work. For example, by last year we were BROWN has been an insightful person to Some economic analysts indicate that importing twice as much oil from Can- ferret out information and guide us in for each $10 increase in the price of a ada as we were from Saudi Arabia, and the right direction. My dear friend, barrel of oil, it has the impact of reduc- that is certainly a good development. Senator ROBERTS, is the dean of the ing our economic growth by about two- We need to continue to not only members of the Ethics Committee. On tenths of 1 percent. Each two-tenths of produce more domestic oil but, to the the floor are Senator ROBERTS, Senator 1 percent equates to 120,000 fewer jobs extent we import oil, we need to bring CARDIN, and Senator BROWN. Senator that are created just in the first year it in from countries that are friends RISCH from Idaho is not here, but he of that type of increase. So you can see rather than countries that are foes, or deserves equal credit. As the chairman it has a very significant cumulative certainly that may not share our be- said, his legal mind and insightful na- impact. liefs and our interests. We have oppor- ture helped us come to the conclusions Imported oil also greatly affects det- tunities to do that. we came to today. rimentally our balance of trade. Last For example, right now, very close to I wish to repeat my thanks to Carol year alone that contributed to a $265 my State, we are working on a project Elder Bruce for the tremendous work billion trade imbalance for our Nation. which is the Keystone XL Pipeline. The she did, as well as Brian Stolarz, Mike The high price of oil, whether it is at Keystone Pipeline is designed to carry

VerDate Mar 15 2010 00:57 May 13, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.041 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2914 CONGRESSIONAL RECORD — SENATE May 12, 2011 crude oil from the Canadian oil stands neers, however, who are working out in nesses depend on every day. Impeding in Alberta, Canada, to refineries in the the Williston Basin right now feel that domestic energy production, moreover, Gulf of Mexico. The problem is, we are figure is low and the reality in terms of is a national security issue as well as still awaiting approval for that pipe- recoverable oil reserves in the an economic issue. Increased depend- line. U.S. approval of this project will Williston Basin is much higher. ence for oil on unstable parts of the cost our Nation not one penny but will That is why we are asking the U.S. world, such as the Middle East and increase the supply of oil and gasoline Geological Survey to come out and do Venezuela, puts not just our economy in our country and help hold down the a reassessment. If they are right, the but our Nation and our Nation’s secu- price of gasoline at the pump. At the results will attract tens of millions of rity at risk. Yet rather than reduce same time, it will help reduce our de- dollars in new investment to the re- constraints on production, rather than pendence on oil from volatile parts of gion, creating more domestic fuel and encourage more exploration and recov- the world and create thousands of good lower prices for American consumers, ery, rather than make our country a jobs in America. We all know how im- more jobs in our State, in Montana, better place to do business, our laws portant that is at a time when our Na- and more jobs for our country. Also, it and regulations too often seem aimed tion still has 9 percent unemployment will help us develop infrastructure and at serving every other purpose but in- and millions of people are out of work. sustain economic growth throughout creasing domestic energy production We have similar opportunities to the region. and supply. boost the supply of domestic oil and In North Dakota we focused on cre- Ironically, at a time when we need to gas on American soil as well, and not ating more energy, more oil and gas, invest and create jobs, billions of dol- just in the lower 48 but also in Alaska. and more other types of energy as well lars are not being deployed. That is be- The Trans-Alaska Pipeline could help by creating a legal, tax, and regulatory cause energy investors are waiting to increase supply enormously, but right climate—a business climate—that en- see what kind of rules will govern now it is only carrying about one-quar- courages private investment and job things such as fracking for domestic ter of its capacity. The pipeline has the creation. I have spoken several times oil, hydraulic fracture, CO2 manage- ment, and transmission line siting. capacity to carry 2 million barrels of on the floor of the Senate and more Companies out there are ready to make oil a day. Right now it is carrying times than I can count at home and billion-dollar investments that will something over 600,000 barrels of oil a around the country about the need to have a lifespan of more than 40 years, day. So, clearly, that is a tremendous forge a legal, tax, and regulatory cli- but they do not know the rules of the capacity that is not being utilized. mate in America that will attract in- road. By certainty, I don’t mean more Senator MURKOWSKI has eloquently vestment in the energy industry— restrictive rules and regulations; I pointed out that the State of Alaska whether it is wind, biofuels, coal, or oil holds an estimated 40 billion barrels of mean commonsense rules of the road and gas. that would not change arbitrarily or oil, the equivalent of more than 60 At a time when America is struggling according to political crosswinds. years’ worth of imports from the Per- with a 9-percent unemployment rate, A number of us in the Senate on both sian Gulf. Yet that oil is excluded from the need to create private sector jobs is sides of the aisle are already working our Nation’s reserve figures. The absolutely paramount. It is job No. 1. on commonsense initiatives to ensure United States is already the third larg- Building our domestic energy industry that Congress, rather than government est oil and gas producing Nation on is one of the keys to accomplishing agencies, establish those rules. I have Earth, with 28.4 billion barrels of prov- that. The oil and gas industry alone already spoken about some of those on en reserves. But it also has an esti- supports 7.5 percent of the U.S. domes- the Senate floor. Today, I would like to mated 162, almost 163 billion barrels of tic product and more than 9 million talk about another one. Today, I want technically recoverable oil, according American jobs. Government doesn’t to discuss, for just a short period, an- to the Congressional Research Service. create those jobs, but government cre- other piece of legislation that I believe Only Russia and Saudi Arabia produce ates the environment that empowers will help reduce the price of fuel at the more than our country. and unleashes the creativity and en- pump—not by increasing production So the lesson in all of this is clear. ergy of American enterprise. but simply by applying good judgment We can and we must increase domestic The challenge confronting the U.S. to the rules that govern distribution of production of oil and gas in our coun- energy industry today, however, is a gasoline in the United States. try. The record over the past 5 years climate of legal, tax, and regulatory Senator ROY BLUNT, myself, and a clearly indicates we can do it. As a uncertainty. This uncertainty is not number of other Senators are pro- matter of fact, we are on our way to only sidelining investment and imped- moting a bill called the Boutique Fuel doing it, and we can do much more. For ing production but also hindering job Reduction Act of 2011. This legislation example, in my home State of North creation and raising fuel prices at the would simplify the Nation’s fuel stand- Dakota, we have been working over the pump for American consumers. ards and make more fuel available to last decade to increase oil production, We all want to ensure we have clean American consumers. It would give the and we have. Since 2005, North Dakota air and water, but at the same time we administrator of the Environmental has increased its production of oil by all want to develop our Nation’s abun- Protection Agency—the EPA—the more than 200,000 barrels a day. North dant natural resources and do it with flexibility to waive certain agency re- Dakota is now the fourth largest oil- good, sound environmental steward- quirements pertaining to the use of producing State in the Nation. We have ship. Clearly, we need to look at our specific or boutique fuels—specialty passed States such as Oklahoma and, current legal, tax, and regulatory envi- fuels—when extreme or unusual dis- more recently, Louisiana. We have the ronment to make sure we have the tribution problems are limiting supply. opportunity to produce much more. We commonsense, reliable rules that not Currently, the increased use of dif- have just barely scratched the surface. only enable but actually empower com- ferent types of fuel for different parts Last month, I hosted a meeting of panies to invest the hundreds of mil- of the country is causing artificial the U.S. Geological Survey in Bis- lions and billions of dollars in new shortages in some retail markets and, marck to make the case for a new, up- technologies that will help us unlock consequently, higher prices at the dated study of recoverable reserves in the energy resources in this country, pump for our motorists. A service sta- the Williston Basin. Of course, the and do it with the kind of environ- tion in one city that runs out of fuel Williston Basin covers parts of North mental stewardship we all want. may not be able to use a certain blend Dakota, Montana, and extends into It is vital for the rest of our econ- of gasoline available just 50 miles away Canada as well. The last agency study omy. The reason for that is simple. If because it is not approved by the EPA was completed in 2008, and it indicated the energy industry cannot grow, nei- for use in that location. Unfortunately, there are 3.5 to 4 billion barrels of re- ther can our other industries. They under current law, the EPA can waive coverable oil in the Bakken Shale For- cannot create the jobs and opportuni- the requirements only during a natural mation, which is in the Williston ties our Nation so very much needs, disaster, not to meet shortages or price Basin—31⁄2 to 4 billion barrels of recov- and they cannot provide the affordable spikes such as we have today. The law erable oil. Industry scientists and engi- energy American families and busi- we are sponsoring would change that.

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.042 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2915 In addition to the bill, myself and a Today, weeks after historic flooding joined the people of Caruthersville, in group of Senators—and House Members began, we continue to see its life-alter- Pemiscot County, to rapidly erect a as well—have also sent letters to EPA ing effects, in my State and others all secondary flood wall to support the ex- Administrator Lisa Jackson, calling on along the Mississippi River. My pray- isting wall. This wall, made of 60,000 the agency and the Department of En- ers, and those of my colleagues, go out sandbags stretched across over 3,000 ergy to complete the fuel harmoni- to all those who have and will continue feet, helped to provide safety and peace zation study which Congress requested to have their lives altered by this trag- of mind for a community that feared more than 5 years ago. That report was edy. the worst. due in 2008. This report would examine I will continue to work with my col- A couple of counties away, Missouri the effects of the Nation’s varying bou- leagues in the Missouri delegation to National Guard members helped to tique fuels on retail prices and also as- make sure that the Federal Govern- save a 93-year-old trapped in her car as sess the feasibility of developing na- ment provides the assistance necessary she tried to cross a flooded Black tional or regional standards to reduce to help Missourians affected be tragedy River. One of the guardsmen on the the multiple varieties required today to get back on their feet. Already, the scene, seeing his first emergency duty, by the EPA. President has granted the first Federal remarked ‘‘we weren’t there to be he- Having fewer types of fuel would disaster assistance to individuals and roes, we were just doing our jobs.’’ make more fuel available during short- households across the State. More an- The citizen-soldiers and airmen of ages, thereby putting downward pres- nouncements will come as damage as- the Missouri National Guard, while sure on prices at the pump. It would sessments are completed. USDA is also ‘‘just doing their jobs,’’ have played an give refineries more options to meet poised to assist and will start holding important role in supporting the flood demand and help stabilize and reduce public meetings in the affected areas to response efforts of their neighbors. the retail price of gasoline. inform farmers and landowners of the A member of the 1138th Military Po- We expect EPA and the Department help that they can receive. lice Company said it best when he said of Energy to follow through on the con- One thing that has struck me about ‘‘nothing makes you feel as good as gressional intent that was outlined in the response to the storms has been the being able to help your neighbors in the 2005 law and conduct and complete dignity and class with which Missou- Missouri.’’ The Missouri National that study as soon as possible, which rians have carried themselves. In my Guard, and the people they valiantly correlates closely with the legislation State, families have been driven from serve, are and will continue to be the we are sponsoring. their homes, pushed away from their embodiment of those words and the Bear in mind, the measures I just dis- jobs, lost everything. Whether it is a spirit that we all strive to personify. I cussed do not cost anything. They take family in North St. Louis whose home thank them for their bravery, for their no funding to work. Yet they can help was destroyed by a tornado, or a pro- selflessness and for being great us reduce fuel prices for the American ducer whose family farm was sub- neighbors. consumer, for our American families. merged when the levee protecting it We will all stand by to be of assist- They can make doing business in was intentionally breached, Missou- ance as everyone recovers from the America more affordable, reduce our rians have drawn on their faith, their natural disasters that have brought trade deficit, and help get Americans families, and their neighbors to pull such destruction to the State I love. back to work again. The PRESIDING OFFICER. The Sen- through. I had the opportunity to We need to increase domestic fuel ator from Rhode Island is recognized. spend time with some of these families production, and we need to provide reg- (The remarks of Mr. WHITEHOUSE per- ulatory relief in order to do it because during my trip to view flooding in taining to the introduction of S. 973 are southeast Missouri. Their courage is high energy prices, whether it is fuel located in today’s RECORD under for our cars or electricity for our inspiring, and is an example of the ‘‘Statements on Introduced Bills and homes and businesses, impact virtually American spirit that we all hold dear. Joint Resolutions.’’) We have had a rough year. The last 3 every sector of American life. That in- f cludes jobs, that includes economic weeks have been particularly destruc- growth, that includes the purchasing tive, starting with the tornado and EXTENSION OF MORNING power of the American family, and ul- strong winds that ripped through the BUSINESS timately includes our standard of liv- St. Louis area on Good Friday, April Mr. WHITEHOUSE. Madam Presi- ing and our quality of life. 22. This tornado, rated an EF–4, was es- dent, I ask unanimous consent that the Our future is fueled by energy and timated to be the strongest to hit the time for morning business for debate that future depends on the decisions area in nearly four decades. only be extended until 6 p.m. with Sen- and the choices we make right now. We As the tornado and storms battered ators permitted to speak for up to 10 need to get them right. the St. Louis area, rain continued to minutes each. I yield the floor. fall on southeast and southern Mis- The PRESIDING OFFICER. Without The PRESIDING OFFICER (Ms. souri. When Governor Jay Nixon made objection, it is so ordered. KLOBUCHAR). The Senator from Mis- the decision to deploy the Missouri Na- The Senator from Alabama is recog- souri. tional Guard to assist local emergency nized. f responders in their efforts, it marked f the 20th time in the past 6 years that THANKING THE MISSOURI the Missouri National Guard has pro- FINANCIAL HEALTH NATIONAL GUARD vided such assistance, including the Mr. SESSIONS. Madam President, I Mrs. MCCASKILL. Madam President, last time that catastrophic flooding want to share a few thoughts on a very I rise to make some brief comments struck the State, in 2008. important matter, the financial health about people at home I am so proud of. Since their deployment to respond to of the United States. We had a nice Over the past 3 weeks, my home State this latest disaster, the Missouri Na- meeting with the President earlier has been the site of heartbreaking de- tional Guard, under the strong leader- today. The Republican Senators vir- struction that resulted from a series of ship of their adjutant general MG Ste- tually all were there, shared their severe weather incidents throughout phen Danner, has provided invaluable thoughts, and the President responded. the State. We have also had the privi- support to the Governor, the Army All in all it was a good exchange. Those lege of witnessing great acts of brav- Corps of Engineers, local responders are the kinds of meetings where I do ery, compassion, and neighbors being and citizens across the scores of com- not talk about what is said in detail neighbors in response to these inci- munities that have suffered damage. and quote anyone. dents. I wish to take just a moment to Two events from recent days provide a I was asked by a number of reporters recognize the incredible character of perfect summary of the service that what happened and what did you say Missourians and particularly to recog- these brave men and women continue about it. I guess my conclusion is that nize the contributions made by the cit- to perform for the people of my State. not much happened. No commitments izen-soldiers and airmen of the Mis- Last week, the citizen-soldiers and were made that I could see, that indi- souri National Guard. airmen of the Missouri National Guard cated the President had made any

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.044 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2916 CONGRESSIONAL RECORD — SENATE May 12, 2011 change in the budget he had submitted by 10.5 percent; increasing the Energy Senate shouldn’t pass a budget? We or the speech he gave somewhat Department funding 9.5 percent; in- have a whole act that requires one to amending his budget a few weeks ago. creasing State Department funding 10.5 be passed and brought up and voted on. He did not make any changes in the percent; proposed increasing the Trans- What happened last year? The Budget plan I am seeing out there. He was portation Department 62 percent. Committee did produce a budget. It open, discussed it, maybe something In a time when inflation is 2 percent, came to the floor, and the Democratic will happen. What is the status of the we are having those kinds of increases leader, Senator REID, just didn’t have Senate’s business? This is the Senate. and we say we are submitting a budget time to bring it up. Why? Well, you The Senate has serious responsibilities. that recognizes we are on an know, there is a vote-arama. We don’t The Budget Act was designed to ensure unsustainable course and we have got like vote-aramas. What is a vote- that Congress passes a budget, because to change. Well, it was unacceptable. I arama? Everybody gets to file an it was learned over the years—it goes was very disappointed about it. I think amendment, and Senators are supposed back to the 1970s—that a budget is im- even the man he appointed to head the to vote. It has to be brought up and portant for a country. Families have debt commission, Erskine Bowles, said passed. It is passed by a simple major- them, businesses have them. You need they have come nowhere close to what ity. Why? Because we want to accel- a budget. is necessary to avoid our fiscal night- erate the debate and make sure a budg- Congress was having trouble passing mare. et is passed because a nation that in- a budget. So they passed the Budget We were told by our Budget chair- tends to be serious about its financial Act that allowed a budget to become man, Senator CONRAD, whom it has stability needs a budget, does it not? law without 60 votes in the Senate, but been a pleasure to work with, that we This began in the 1970s. they could be passed with 50 votes. As would have a budget markup beginning So we are now beginning to wonder, we know, there are 54 Democrats in the this Monday. He told us that last week. Senate—and more, I guess, than that will the committee even pass a budget? Well, it did not happen on Monday. Is Senator CONRAD not even going to with Independents who caucus with the Then maybe it was going to be Tues- Democrats. So this is the situation we have a committee markup and produce day. Maybe it was going to be Wednes- a budget? Is the Democratic Senate not are in. day. Then all of a sudden the President The President complied with the even going to move one out of com- invited the Democrats over Wednesday mittee? At least it moved one out of Budget Act, a week late, by submitting and the Republicans to the White his budget, and his budget failed to committee last year. And if the com- House Thursday and everything is off. mittee does meet and does move a meet the requirements of our time to a I asked my staff, have we received a budget, is Senator REID prepared to very significant degree. Every witness notice that we are going to have a we have had in our budget committee— stand up, like Congressman RYAN, lay Budget Committee hearing next week? his budget down before the American I am the ranking Republican on it—has The answer is no. So what do we say indicated and told us, many in great people, and defend it before the world? about that? Oh, well, we need to have talks. We detail and with passion, we are on an The Budget Act says the Senate and have talks going on. The Vice Presi- unsustainable course; you cannot con- the House should commence budget ac- dent is having a meeting. The Presi- tinue to borrow 40 cents of every dollar tion April 1. We have not done that. It dent is inviting everybody over. and try to fund a government bor- says a budget should be passed by April rowing that kind of money. 15. The Senate has not done that. The Why don’t we move forward with our We will hit a budget deficit this year Republican House has. The Republican budget process, I ask? Why don’t we? of $1.5 trillion, the largest in the his- House has proposed a historic budget. Well, why not? We read in one of our tory of America. In 4 years, the Presi- They have passed it. They passed it on local newspapers that cover the Sen- dent will have doubled the entire debt time. It will reduce spending by about ate—I think it was The Hill—Senator of the United States based on the tril- $6 trillion. That would actually reduce CONRAD had a hard time with his lion-dollar deficits he has had each taxes also and get the rates down to Democratic colleagues. His budget, year. So this is not an acceptable path help encourage more economic growth, which I very much was afraid wouldn’t for us to be on. and put us on a path to fiscal sanity, contain spending enough, but certainly We had hearings in the Budget Com- I felt it would be better than the budg- mittee about the critical issues we not only this decade, but in the decades to come, because it dealt with some of et President Obama had submitted, was face. We considered and had testimony discussed with his Democratic col- from the fiscal commission that Presi- the exploding entitlement programs such as Medicare. leagues last week in their conference, dent Obama appointed—Erskine Bowles and it didn’t go well, we are told. So and Alan Simpson, we had Rivlin-Pete What resulted from that? Well, Mr. RYAN, a brilliant young Congressman this week he came back again, appar- Domenici. Senator Domenici, retired ently, and produced another budget. now, was Budget chairman at one point who has worked on budget issues for According to the report, Senator in time in the Senate. Alice Rivlin, many years, is the most knowledgeable SANDERS—probably the most aggres- OMB Director for President Clinton, is person probably in America about the sive and articulate advocate for greater a wizard herself with numbers. They details and the financial condition of government spending and activism in proposed some real changes in the debt America. They attacked him as though the Senate—seemed to be very happy trajectory we are on. I thought after he did something wrong. The Demo- that he changed the budget, and it had that, and based on the comments of cratic Senators and the President are $2 trillion in tax increases, they said, Senator CONRAD, our chairman, and the spending their time attacking the one and $2 trillion in spending reductions. strong witnesses we heard who called person who stood up and produced a That is supposed to be balanced. But on us to make significant changes in budget that can be defended. He is pre- what we were doing that we would pared to defend it anywhere, anytime. that is not what the debt commission move forward with a budget that would He goes to townhall meetings. He has said. The debt commission—which I be a good bit stronger than the one stood before the press. He has issued didn’t agree with, really—said we President Obama submitted. statements. He has explained what his should have at least $3 worth of spend- Indeed, President Obama’s budget budget is. It may not be perfect, but it ing reduction for every $1 in tax in- was not serious. President Obama’s is a change. It would put us on a path creases. budget took the current spending line to financial stability. And what has the Then we have another report. I think for 10 years, that the Congressional Senate done? Complained about his it was in the CQ publication that does Budget Office said we are on, and it budget. Well, it is time this Senate pro- work around here and digs up informa- made it worse. It made the deficit duces a budget. tion. They said it looks as if there are worse, $2 trillion worse than the cur- Let me say this: Today, 743 days have going to be fewer spending reductions. rent plan we were on—totally unac- passed since the Senate has passed a It looks as though it is going to be ceptable. budget. Now, let me ask, if we took a about $2 trillion in tax increases and He proposed in his budget increasing poll of the American people, how many only $1.5 trillion in reduced spending. the Department of Education funding of the American people would say the So it is less than even 1-to-1.

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.046 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2917 Well, I think if I were the majority Last year, the interest we paid on the Mr. HATCH. Madam President, I leader, I wouldn’t really feel com- money this Nation has borrowed was thank my dear colleague for his kind fortable about bringing such a budget $200 billion. In 10 years, under the remarks. I appreciate them. as that before the American people and President’s plan, the Congressional f standing right down here and defending Budget Office said the amount of inter- COLOMBIA TRADE PROMOTION such a weak response to the fiscal cri- est that would be paid in 1 year is $940 AGREEMENT sis we are now in. Of course, that budg- billion. That is bigger than the Defense et is irresponsible if that is so. I don’t Department. That is bigger than Medi- Mr. HATCH. Madam President, yes- think the American people will be care. It will be the largest single item terday the Finance Committee held a happy with it. I certainly will oppose it in the entire budget. It is unthinkable. hearing on the U.S.-Colombia Free with all the strength in my body if that We get no benefit from that whatsoever Trade Agreement, what we call the Co- is the nature of it. except the money we borrowed to live lombia Trade Promotion Agreement. Well, why don’t you know, SESSIONS? off of. This agreement will provide significant Well, I haven’t been told. We asked. We are passing huge debts off to our new opportunities for U.S. manufactur- The Republican members of the com- grandchildren. The expert economists ers, agricultural producers, and service mittee wrote the chairman and asked and financiers who testified before the providers in the rapidly growing Co- that any budget numbers that are pro- Budget Committee said: Don’t think lombian market. duced be produced 72 hours in advance you can just assume the problem falls Implementation of the Colombia of the hearing so we can study it, offer on your grandchildren. They said we agreement would also benefit U.S. na- amendments, or substitute as we could have a crisis much sooner than tional security. Colombia is emerging choose to do. We have been basically that. from decades of civil strife, and it is in told we will get the budget resolution Mr. Bowles and Mr. Simpson issued a our interests to see that Colombia con- the chairman intends to file the morn- statement to us when they testified tinues to heal from its wounds of the ing it starts. When we commence the that said we are facing the most pre- past. This free trade agreement will hearing to mark up the budget, we will dictable debt crisis in American his- help bring further stability to Colom- be getting the copy of what they pro- tory. We asked: Could we have an idea bia, a close friend and ally, while also pose to bring forward. We really think of when such a crisis could hit us? And opening and further building the mar- that is not a healthy way to do busi- Mr. Bowles, chosen by President ket for U.S. exports to that country. In ness on a matter this important. Obama to head the commission, said 2 short, it is a good agreement for the This period in history represents the years, maybe a little earlier, maybe a United States. So what is the holdup? Over 4 years most significant long-term threat to little later. Alan Simpson said: I think have passed since the U.S.-Colombia American financial stability that we it could be 1 year. have seen maybe ever. Sure, we had a Trade Promotion Agreement was Well, we hope we don’t have some tough time during World War II and signed. It is imperative that the admin- new debt crisis. We hope the people the debt went up, but we could see, istration submit an implementing bill who have been loaning us money don’t when the war was over, the strength of for this agreement to Congress, and get so nervous, as they have done in our workforce, and the economy grew. soon. The administration, however, Greece, that our interest rate surge We came right out of that and got that still won’t say when it will send an im- puts this economy in a dangerous con- situation under control quickly. But plementing bill to Capitol Hill. dition and damages our country. I hope now we are in a situation in which our During yesterday’s hearing, I asked that is not happening within 2 years or Nation is aging. The number of people our Deputy U.S. Trade Representative 1 year. Wouldn’t that be a disaster for working is down. The number of recipi- two very simple questions regarding us? How do we prevent it? We take ac- ents of Medicare and Social Security is this issue. First, assuming that Colom- tion now that changes the debt trajec- up. We have to figure out a way to hon- bia fulfills the steps outlined in the tory of our country and sends a mes- estly deal with that without in any labor action plan developed by the sage to the whole world: We get it. We way placing our seniors at risk and Obama administration and the Colom- know we can’t continue on this path, other people who benefit from govern- bian Government, will the administra- and we are changing. And the way our ment programs. tion submit the Colombia agreement to Congress and government is set up, the It is going to take some change. It is Congress for a vote? Second, is the ad- way that change occurs is through the first going to take change in wasteful ministration preconditioning the adoption of a budget. Washington spending. All our discre- President’s formal submission of the tionary spending needs to be looked at, I remain very disappointed that Colombia trade agreement on matters and we also are going to have to look while the House has produced a his- not related to the action plan, such as at the long-term prospects for our fi- toric budget on time—by April 15—we congressional extension of trade ad- nancial future, as our creditors—those have not even begun to mark up a justment assistance or permanent nor- who are loaning us this money we are budget in the Senate. That is irrespon- mal trade relations for Russia? To me, borrowing—are getting uneasy. They sible. And we need to know and the these questions are pretty clear and are not too comfortable with what we American people need to know that the can be answered with a simple yes or are doing. majority leader, if a budget is passed no. But, unfortunately, we did not get I believe any President of any party out of committee—and certainly it a clear answer. After years of delay, we who desires the mantle of a leader, de- should be—will move it to the floor and still do not know if the administration sires to demonstrate a commitment to bring it up for vote and amendment will ever submit the Colombia agree- a firm footing for our financial future, and debate, and then it goes to the ment to Congress for approval. This is should come forth with a plan as part House and conference, they hammer very unfortunate. of the budget process and lay it out so out the differences, and we adopt a The Obama administration’s delay in the American people can see it. budget that can help put this country submitting the Colombia agreement is I am becoming very concerned, once on a sound financial path and avoid the hurting U.S. exporters. This failure is a again, even though 743 days have kind of crisis so many experts have drag on job creation and economic passed since a budget has cleared this warned us could occur. growth. While the President has Senate, that we may not get one this I thank the Chair. I see my fabulous dithered as to whether to implement year. What an event. That, to me, is colleague, Senator HATCH, the ranking the trade agreement with Colombia, unthinkable. How irresponsible could Republican member of the Finance our trade competitors have been more we be to go another year under these Committee and my former chairman of than willing to enter into agreements circumstances? For example, the Con- the Judiciary Committee. I was hon- with Colombia. Consequently, while gressional Budget Office has analyzed ored to serve with him. Colombia’s tariffs on U.S. imports have the President’s proposal for the future, I thank the Chair and yield the floor. remained in place, Colombia’s tariffs and that scoring of the President’s The PRESIDING OFFICER. The Sen- on products from other countries are budget concludes a couple of things. ator from Utah. falling away.

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In olution of unrelated issues such as and 2010, U.S. agricultural exports to contrast, Colombia’s average applied trade adjustment assistance and PNTR Colombia fell by more than half, and it tariff on U.S. imports is over 12 per- for Russia should not be used as further looks like matters are going to get cent, and they can reach as high as 388 barriers to submission of this agree- even worse. A Montana wheat grower percent. ment. Colombia is taking the steps laid who testified at yesterday’s hearing Moreover, the administration itself out by the Obama administration that noted that the U.S. share of Colombia’s testified that implementation of the the administration has said are nec- wheat market fell from 73 percent in Colombia agreement: will expand ex- essary before the President will for- 2008 to 43 percent in 2010. He also stated ports of U.S. goods to Colombia by mally submit the agreement to Con- that following implementation of the more than a billion dollars—that is gress. Once those steps are taken in Canada-Colombia Free Trade Agree- with a ‘‘B’’—increase U.S. GDP by $2.5 June, I fully expect the administration ment, which is expected to occur this billion; and support thousands of addi- to finally fulfill its end of the bargain year, U.S. exports of wheat to Colom- tional jobs for our workers, at a time and formally submit the agreement for bia will drop to zero unless the United when we need jobs, and when we need congressional approval without further States implements its trade agreement to pull this economy out of the mess it conditions. If not, the administration with Colombia. So U.S. agricultural ex- is in. So it is hard to see further exten- is making a conscious decision to con- ports to Colombia are already falling. sion of the TAA program as a nec- tinue denying U.S. exporters improved U.S. manufactured goods and U.S. serv- essary precondition for approval of an access to the Colombian market, and ices will be next. agreement that will help our economy to undermine our standing as a cred- It does not have to be this way. We and support jobs in the United States. ible ally in Latin America. do not have to continue giving away It is a no-brainer. It is a no-brainer to realize that Co- the growing Colombia market to our I am also bewildered by any attempts lombia is one of our best friends. When competitors. If we want to boost our to precondition submission of the Co- you compare it to some of its neigh- exports to Colombia, all we have to do lombia agreement to congressional bors, such as Venezuela—and I can is implement the U.S.-Colombia Trade support for permanent normal trade re- name other countries that are under- Promotion Agreement. lations for Russia. These two issues are mining our very country as we sit here The Obama administration had ear- totally unrelated. Given the current and stand here. The fact of the matter lier stated that it wanted to address disregard for the rule of law and the is, Colombia is a friend. Friends should Colombia’s internal labor situation be- many trade problems that persist in not be treated this way. It is ridiculous fore moving ahead with the agreement. Russia today, it is hard to argue that what is going on. There is very little But the administration delayed taking the time is ripe for Congress to grant need for trade adjustment assistance in any meaningful steps to address their Russia permanent normal trade rela- this particular deal. It is just another concerns with the Colombian govern- tions. way of sucking from the taxpayers ment for years. A few months ago, the Moreover, it would be particularly more money for purposes that literally administration finally got serious ironic and sad to condition passage of do not exist. about engaging with Colombia. And, lo the Colombia trade agreement with I hope the administration will wake and behold, in a matter of weeks—in a permanent normal trade relations for up and realize this would be a tremen- matter of weeks—they were able to de- Russia. Over the past 4 years, Colombia dous achievement for them. There is no velop a labor action plan that ad- has been a reliable U.S. trading part- reason in the world why they should dressed their concerns in a meaningful ner, ready and willing to remove its not want to do this. It would be a sure and concrete way. The administration tariffs on U.S. imports through imple- creator of jobs at a time when we need discovered that, in their own words, mentation of our trade agreement. jobs. It will even up a situation that up they had a willing partner in Colombia. During these same years, Russia has to this point has been sad. And it will The fact of the matter is that Colombia seemingly gone out of its way on nu- help our country. Let’s quit playing has been taking steps for years to ad- merous occasions to prove to the games with this free trade agreement. dress issues related to violence against United States that it is an unreliable Let’s get it up. Let’s vote on it, and unionists and has always been willing trading partner. let’s restore our relationship with Co- to do more. Why it took the adminis- It is fundamentally unfair to con- lombia to the great relationship it de- tration so long to figure it out is a tinue to treat a friend and ally like Co- serves to be. mystery to me. lombia in this ridiculous way. Unfortu- Madam President, I suggest the ab- So the Obama administration has nately, it is not the first time Demo- sence of a quorum. now negotiated an action plan that ad- cratic leaders have put one of our clos- The PRESIDING OFFICER. The dresses its concerns regarding the labor est Latin American allies in this posi- clerk will call the roll. situation in Colombia. You would tion. The U.S.-Colombia Trade Pro- The legislative clerk proceeded to think we would have clarity that, once motion Agreement was first signed on call the roll. the steps in the action plan are ful- November 22, 2006—almost 5 years ago. Mr. LAUTENBERG. Mr. President, I filled, the administration would submit Democratic leaders refused to consider ask unanimous consent that the order the agreement to Congress for its con- the agreement until their additional for the quorum call be rescinded. sideration. But we do not have this demands were met on labor, the envi- The PRESIDING OFFICER (Mr. clarity. There has been no clear answer ronment, and intellectual property. FRANKEN.) Without objection, it is so to this very simple question. Instead, The Bush administration responded by ordered. there seem to be more preconditions on working with then-Speaker PELOSI on a f submitting the agreement that are not package of changes that were under- even related to the agreement itself, stood would lead to consideration of BIG OIL such as extension of trade adjustment the agreement. But once they had Mr. LAUTENBERG. Mr. President, as assistance and permanent normal trade these changes in hand, the Democratic I stand here today, I am trying to fig- relations for Russia. leadership in the House balked, citing ure out what our activities look like to This is very odd. Most economists yet more issues that had to be re- the average American. They know we would agree that there are likely to be solved. When President Bush submitted still have serious economic problems, very few workers who will lose their the Colombia agreement to Congress though we are on a good track, and I jobs because of implementation of the for its consideration utilizing trade think it is fair to say we are feeling a Colombia trade agreement. After all, promotion authority procedures in little bit better. But we were cautioned

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.058 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2919 by President Obama the other day— larly significant. I was born to a poor fewer claims for unemployment insur- those of us who had a chance to sit in family. My father found it very dif- ance, more consumer spending, and re- a room with him—that while things are ficult to earn a living, as did millions tail sales are up. The signs are good. looking up, there is still a long way to of other Americans. He worked in a So when I look at what is going on in go before our people are back to work silk factory in the city of Paterson, the House of Representatives, I see the and before they can afford the basics NJ. He was a man very conscious of his stubbornness of our colleagues who they need to take care of their fami- health. But the problem was that the refuse to step in and say: Look, we lies. environment was such that he con- have to keep the government strong, While this is going on we have seen tracted cancer when he was 42. He died we have to make sure we supply the the most incredible courage, the most when he was 43 years old. His brother, kind of energy to the government that well-developed military plan imag- working in the same type of facility, can move America along. Their re- inable, and the courage of our people died when he was 52. My grandfather, sponse is cut, cut, cut, when all the who went in to apprehend Osama bin who worked in the mills, died when he critical social programs I mentioned Laden. Thank goodness, nobody was was 56 years old. That was life as I saw were a needed expansion of government hurt. It was a job well done, and the it. Things were bleak. services. I am not one of those who execution of a plan to bring to justice My mother was a 37-year-old widow, want to cut valuable programs. I am a man who helped kill almost 3,000 peo- and she had to carry on through my fa- one of those who want to reduce the ple at the World Trade Center and hun- ther’s sickness. They bought a store to deficit. dreds more in other attacks on Amer- make ends meet. It did not do very Mr. President, when you look at a ican facilities—the Embassy in Tan- well, but it kept her going for a while. balance sheet, a financial statement, it zania, the Embassy in Kenya, the ship When all was over and my father died, carries two parts: One part is ex- USS Cole—taking American lives. That I was already enlisted in the Army. My penses—costs—and the other part is is what they were determined to do. mother had no resources left. She owed revenues. You can cut expenses all you President Obama, after lots of pre- doctors, owed pharmacists, owed hos- want, but if the revenues don’t im- vious administrations looking at pitals. Every penny she had was gone. I prove, you go bankrupt. It is pretty things, trying to figure out what to do looked at this experience and thought: simple. And that is where we are being to stop these terrorist attacks on Something is not fair. But I was lucky. asked to put our future on the line. America, had the courage to make a I was able to get my education under Hold the debt ceiling as ransom? For decision that would have rested so the GI bill, as did 8 million other peo- what? For what? It will destroy the heavily on anyone in that governing ple who wore the American uniform competence in America. It will destroy position. He decided to take the risk during those dark days. our ability to be the country we are, knowing that our people were so well What happened? I got an education. I the country that still leads the world trained, so well committed that the went to Columbia University. I was despite competition. chance of their failure was very slim lucky. My tuition was paid for. I even When I left home this morning, I but very real. passed an Exxon station that is fairly Good things have happened in Amer- got some money for books and some near my home. There was a sign on the ica. Not only did this operation against things I might have needed along the bin Laden succeed in at least slowing way were provided. It made a world of pump that gave the price of their gas— down, if not eliminating, some of the difference. $4.79 a gallon. For people who have any I was able, with two friends, to start terrorist threats in America, it also distance to travel, this is painful. This lifted the spirits of Americans across a business. The company is fairly well is painful. This is part of the income the country. We all felt better about it known. It is called ADP. The three of they can use for basic things that are because we fought back against this us started with nothing, the two broth- needed. terror threat. ers with whom I was associated. Their But what do we see? We see major But now I look at where we are and father also worked in the factories of gasoline companies, and we ask our- listen to the debate and look at what Paterson. They were immigrants as selves: Whose side are our colleagues the House of Representatives has done were my grandparents. But along came on? It appears they are on the side of with their majority. At this point in this educational opportunity, and with the gasoline companies. I think we time, when we are still reeling from that came an opportunity to start a ought to be more conscientious about shock, having had perhaps the greatest business. Today that company, ADP, is this and make sure the public under- recession since the Great Depression of one of the four most creditworthy com- stands we are there for them, for the the twenties and thirties, instead of panies in the United States. They are majority of people in this country who trying to figure out ways to solve the listed as a three-star company. are sick and tired of seeing the price- problems, our colleagues on the Repub- ADP has 45,000 employees. They work gouging we have seen from the gasoline lican side are trying to figure out ways in 21 countries. Most of the operation companies. to punish the public. They would say to is in America but some of it is outside. There was a Finance Committee them: OK, so you don’t have enough It employs over 45,000 employees and hearing today, and I watched and heard jobs—we are going to try to reduce the helps businesses by taking over a par- the heads of these companies—the five possibility that we will have enough, to ticular part of their recordkeeping big oil companies—say what they are reduce the possibility that a person needs. It helps make things operate worried about. Well, they are worried who can learn but is not well off can better in these companies. about the prospect of losing $4 billion a get an education. They want to take Every month there is a labor sta- year they get in subsidies. And there away those opportunities. They want tistic that is put out. It is done by was even kind of a caustic comment to take away programs that have suc- ADP, my old company. The numbers that it might be un-American to take ceeded. are more reliable than those of the Bu- away the subsidies these people get. We look back at our history in the reau of Labor Statistics because the Mr. President, $4 billion a year in sub- last 90 years and ask: How did we get data is fresher. Every week, some 35 sidies. here? How did we get where we are? Mr. million people get their paychecks and When you look at what is going on President, 400,000 Americans were that is where the data comes from. I with these companies, you see astound- killed in World War II. Then we saw left the company when I came here 29 ing results. Make no mistake, greed is growth in our country because of plan- years ago. fueling their appetite, and the bigger it ning during President Roosevelt’s days From all these experiences, I saw an gets, the more they want. in the New Deal and the planning that America that gave people like me a During the years of World War II, President Johnson offered. We had So- chance to do things and created what is there was an excess profits tax that cial Security developed, and then came called the greatest generation in the said companies shouldn’t be feeding off Medicare, and then came Medicaid— history of America. Now, Mr. Presi- of the opportunity the war presented programs that help people. dent, I am beginning to see what I be- and taking advantage of the public. On a personal basis, for me, those lieve is a great generation developing— Well, we are at war, in case people have years I am talking about were particu- the number of people getting to work, forgotten about it. Afghanistan is a

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No. clean alternatives to oil, cars that go These are their earnings during the In addition to going into the paychecks further on a gallon of gas, and smart first 3 months of 2011, which is still of the Big Oil executives, this money is transportation, such as mass transit, part of the recession time: Exxon, their being used to line the pockets of the in- are the only realistic solutions to our end-of-quarter profits were over $10 bil- dustry’s lawyers and lobbyists who are energy challenges. lion. Shell, almost $9 billion. BP, $7.1 seen frequently and obviously around Beyond clean energy investments, we billion—that is after their foul mistake here. should take the $4 billion we give away in the Gulf of Mexico that cost plenty I have seen this time and time again to Big Oil each year and use that of money. They still made that kind of during my career in the Senate. I was money to pay down our deficit. It is money. And Chevron made $6.2 billion. the first Senator on the scene at the pretty clear that we cannot restore fis- Little ConocoPhillips only made $3 bil- Exxon Valdez when it rammed into the cal sanity to our government unless we lion in that quarter. Alaskan shoreline in 1989. Instead of start paying more attention to the rev- When you think about it, the irony is being forthcoming and doing what they enue column in our ledger. how well BP has done—a company that should have done, Exxon fought over I was a CEO for many years. I know spewed 200 million gallons of oil into every penny with the communities in you cannot run a company or a country the ocean last year. Why is our govern- Alaska—the families and the fishermen without a strong revenue flow. Ending ment shoving billions of dollars into whose lives it destroyed. Instead of the government’s wasteful oil industry the pockets of their executives, their stepping up to pay the court-awarded subsidies will not be enough to erase lawyers? Why don’t we use the money damages—$5 billion—Exxon said: To our deficit, but it is a good place to to invest in a stronger America and heck with that verdict. We will fight it. start. pay down our debt? I would like to see We will fight it all the way. And they I call on my colleagues, have a citi- us doing that. did, for years. They knocked down the zen’s heart. Look at this as you would Big Oil’s greed is helping to inflate amount from $5 billion in punitive any other obligation you have in your our deficit. Every day, Americans are damages to $500 million. I guarantee life. Make sure our country is strong footing the bill. You would think our you they paid a lot of money to the and that our middle-class and our mod- colleagues on the other side of the aisle lawyers and lobbyists, but they would est earners can look ahead for a decent would want to put a stop to this mad- rather give it to them than to the life for themselves, educating their ness, to step up for the average person. American people. That is what that children and protecting their parents Well, so far we are not doing what I shows. In the end, it took more than 20 with proper health care. Get Big Oil off would like to see being done for the years for Exxon to pay for what it had the welfare rolls. Let’s end the indus- public, for the average citizen. Big Oil done. Some victims died while waiting try’s tax breaks and end our country’s is doing everything in its power to pro- for the company to make things right. addiction to oil and other dirty fuels. tect its subsidies, and the Republicans So we should not be giving Big Oil $4 Let’s invest in clean energy and are doing everything in their power to billion in tax breaks each year. Their smart transportation—and cut the help them. The Republicans say that profits, which last year exceeded $100 windfalls for the oil industry lobbyists eliminating these wasteful subsidies billion, are larger than lots of coun- and lawyers. I want to make sure—and will raise gas prices. That is wrong. tries. We should be investing in ways I am sure all of us do, down deep—our That is plain wrong. to break our dangerous addiction to grandchildren and children inherit a Look at the compensation of the oil. We should be investing in innova- country that is fiscally sound and mor- CEOs here. Now, they are not selling tive approaches to moving people and ally responsible. pretzels or making potato chips; they goods, including increasing funds for I yield the floor. are dealing with a commodity that is transit, creating a world-class high- f essential to the functioning of our soci- speed rail network, and expanding the ety, of mankind. The CEO at Exxon got number of electric cars on our roads. 2011 NATIONAL POLICE WEEK $29 million; ConocoPhillips, $18 mil- We should also boost our country’s Mr. LEAHY. Mr. President, this lion; Chevron, $16 million. These are all promising clean energy industry, mak- afternoon I had the honor of attending in 2010, for the year just recently con- ing sure we lead the world in the ex- the Top Cops event hosted by President cluded. I want to make certain people port of environmental products that Obama at the White House. I will be understand that companies paying are proudly stamped with the ‘‘Made in honored Sunday to attend the National their fair share in taxes isn’t going to the USA’’ label. Peace Officers Memorial ceremony. I hurt the industry. It just means Big Oil Don’t be fooled—drilling will not, in appreciate the support the President is executives may have to make do with a the final analysis, get us out of our en- showing for our law enforcement offi- smaller swimming pool or maybe ergy problems. We use almost a quarter cers not just this week but every week. smaller yacht, but no real pain or pun- of the world’s oil, but we sit on less Local law enforcement is critical to ishment there. than 3 percent of the world’s reserve. the peace and security of our families The fact is, the Big Oil CEOs aren’t So drilling is going to just quickly and communities in Vermont and feeling this recession. But instead of bring the end of our ability to produce across the country. making our government more fiscally oil. That will be the conclusion. Ac- In 1962, President John F. Kennedy responsible by ending the giveaways to cording to the U.S. Energy Information signed a proclamation to designate Big Oil, the Republicans have another Administration, even if we open every May 15 as Peace Officers Memorial Day idea: They want to cut the deficit by offshore drilling area in the conti- and the week in which that date falls ending Medicare as we know it. That nental United States, the average price as Police Week. Every year during Po- won’t save us any money in the long of gasoline would drop by just 3 cents a lice Week, thousands of law enforce- term. It will simply increase the ex- gallon by the year 2030. Here, we see it: ment officers from around the country penditures, as many are forced to pay The benefit of increased drilling will converge on Washington, DC, to honor more out of their own pockets for their save us 3 cents a gallon in two decades. those who have paid the ultimate sac- health. Seniors are struggling. The big That is not very promising for people rifice keeping all of us safe. I want to oil companies aren’t. who have to rely on the automobile for mark this week by recognizing the he- I wish the other side would listen a all kinds of things in their lives. roic women and men in law enforce- little more closely to the wishes of the Continuing to subsidize oil compa- ment who are dedicated to just that. American people. Almost three-quar- nies only increases our dependence on More than 900,000 law enforcement offi- ters of Americans say we should stop dirty fuels. And even as our children cers guard our communities at great

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.048 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2921 risk to their safety every day. National hire and maintain officers, buy needed job training for severely wounded Peace Officers Memorial Day provides equipment, and provide training. troops. Without this extension, only the people of theUnited States, in their In the current budget environment, veterans separated from the military communities, in their state capitals, everyone has had to make sacrifices. could take advantage of these critical and in the Nation’s Capital, with the Even the President, who has been a employment services. Helping veterans opportunity to honor and reflect on the strong supporter of law enforcement, requires close cooperation between the extraordinary service and sacrifice has called for modest cuts in Federal VA and veterans service organizations. given year after year by the women assistance to State and local law en- That is why the legislation would au- and men who serve in police forces, as forcement. What we cannot afford are thorize $4.5 million in grants for non- peace officers and in all branches of the draconian cuts in law enforcement profit organizations that help veterans law enforcement. assistance that others are proposing. find work. This week we honor those who lost We owe it to our law enforcement pro- The Hiring Heroes Act of 2011 com- their lives in the line of duty, and their fessionals and to our communities to pliments the legislation that Senators families. In 2010, 153 law enforcement continue our much-needed support. TESTER, GRASSLEY, Senator BURR and I officers died while serving in the line of f introduced earlier this year: the Vet- duty. Their bravery and sacrifice eran Employment Transition Act of should not be forgotten. Since the first HIRING HEROES ACT OF 2011 2011. This legislation will reward em- recorded police death in 1792, there Mr. BAUCUS. Mr. President, Presi- ployers that hire veterans who have re- have been more than 19,000 law enforce- dent George Washington once said cently completed their service in the ment officers who have died in the line ‘‘The willingness with which our young military with up to a $2,400 tax credit of duty. people are likely to serve in any war, under the work opportunity tax credit. Late last week, the Senate passed a no matter how justified, shall be di- I am proud that 17 of my colleagues in resolution I introduced to recognize rectly proportional to how they per- the Senate—Republicans and Demo- those officers who lost their lives last ceive the veterans of earlier wars were crats—have cosponsored this legisla- year. I thank Senator GRASSLEY for treated and appreciated by their na- tion. The House companion has 54 co- joining me in sponsoring that resolu- tion.’’ sponsors. tion. I am glad the Senate came to- President Washington’s words are a The bill also cuts the redtape that gether unanimously to show its strong serious reminder of our obligation to generally exists under the work oppor- support and appreciation of America’s all of the brave men and women serv- tunity tax credit. Rather than having law enforcement officers. ing our country overseas. We have a to go through the tax credit’s current Keeping our communities safe is vi- solemn obligation to our veterans when certification process, qualified service- tally important work and will always they return home. And the unemploy- men and women who have been re- be dangerous, but we must work to ment numbers among veterans make it cently discharged will only need show keep those who protect us as safe as clear that we have a long way to go. their discharge documentation that possible. The officers who lost their The unemployment rate among vet- was provided by the Department of De- lives in 2010 are a stark reminder that erans who have served in the military fense. This includes those men and we must not let up in our support of since September 2001 far exceeds that women who were activated by their those who work day in and day out in of their nonveteran peers. The unem- states as members of the National the service of all of us and our commu- ployment rate for Iraq and Afghanistan Guard. Enacting this legislation would just nities. veterans hit 13.1 percent in April. This I was proud to champion bipartisan is roughly 3 percentage points higher be the first step. The tax credit will legislation first passed more than a than the previous year. The unemploy- not work unless veterans and small decade ago which has authorized Fed- ment rate among Montana veterans businesses across the country know eral funding to assist in the purchase has more than doubled since 2005. This about it. That is why I am working of lifesaving bulletproof vests for law is a serious problem. We should be with the Iraq and Afghanistan Vet- enforcement officers. I have worked greeting our veterans with quality erans of America, Veterans of Foreign Wars, and other Veteran Service Orga- hard to ensure that legislation is fund- health care and our eternal gratitude, nizations to help get the word out ed each year. From 1999 through 2009, not an unemployment check. about this tax credit once we pass the the Bulletproof Vest Partnership Grant Yesterday, I was proud to stand with my friends and colleagues, Senator legislation. Program has helped provide more than Briefly, I thank my Defenders of PATTY MURRAY and Senator JON TEST- 800,000 vests. Just last year, the pro- Freedom Fellows, Iraq and Afghanistan ER, as we introduced the Hiring Heroes gram paid for 95 new vests across Veterans and Montana-Natives Charlie Vermont. These vests have saved the Act of 2011. The bill will take a number Cromwell and Troy Carter. As legisla- lives of police officers across America. of important steps to help our brave tive fellows in my office, Charlie and In these tough economic times, when veterans find work when they come Troy worked hard to draft and advance towns and cities have had to tighten home from war. this bill. I created the Defenders of their belts and make tough decisions If a soldier serves as a truck driver or Freedom Fellowship so that Montana about their budgets, these grants are a medic in the military, there veterans could work on legislation that even more important to protect law en- shouldn’t be excessive red tape to be- helps their fellow veterans. They would forcement officers. Congress must con- come a truck driver or serve in a hos- be proud of this legislation. tinue to support this initiative to in- pital as a civilian. That is why this bill I encourage all interested Montana crease the safety of those in the line of requires the Secretary of Defense, the veterans to contact my office for more duty. Secretary of Veterans Affairs, and the information. It will take this kind of Congress must also continue to sup- Secretary of Labor to study how skills teamwork to provide the support our port Federal assistance to state and learned in the military can be more ef- veterans need when they come home local law enforcement. Consistent sup- fectively translated to meet the quali- from war. It is an honor to introduce port for key Federal support initiatives fications required for civilian jobs back this legislation and I look forward to like the COPS program, the Byrne/JAG home. The legislation would also ini- its quick passage this legislative ses- program, and rural law enforcement tiate a new program aimed at elimi- sion. grants are an important reason why nating the barriers between military f crime rates have continued to decline training and civilian licensure or even as the economy struggled and credentialing. SBIR/STTR State budgets tightened. We were able The Hiring Heroes Act would require Mr. WHITEHOUSE. Mr. President. I to secure funding in the American Re- the Department of Labor to reach out wish to express my disappointment covery and Reinvestment Act and re- to and assist recently discharged vet- with this body’s failure to move for- newed commitments in the appropria- erans receiving disability payments. ward with the Small Business Innova- tions process, which allowed police de- The bill would also extend the VA’s au- tion Research and Small Business partments throughout the country to thority to provide rehabilitation and Technology Transfer reauthorization.

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.008 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2922 CONGRESSIONAL RECORD — SENATE May 12, 2011 The SBIR and STTR programs, as to help their companies grow. If we fail REMEMBERING PRIMO CARNABUCI they are known, are key components in to reauthorize these programs, great Mr. LIEBERMAN. Mr. President, our Nation’s commitment to being a companies like EpiVax and SEA Corp. sometime after nightfall on November global leader in research and develop- and so many others in Rhode Island 1, 1950, under the cover of a dark sky, ment. If we allow these programs to ex- and across the country may no longer there was a firefight north of the town pire, as they are scheduled to do at the have the resources to devote to devel- of Unsan, in the Democratic People’s end of this month, we will forfeit one of oping the next generation of cutting- Republic of Korea. Unsan lies in the the best tools we have to support inno- edge technologies and to create high- eastern North Pyongan province, on vation. quality jobs in those fields. the western half of the peninsula. It Big companies do not hold a monop- It is clear that America must renew sits peripheral to the Kuryong River, oly on big ideas. Small businesses, its commitment to being the world’s which cuts a steep valley through the however, often lack the resources nec- leader in research and innovation. It is land as it channels out into the Korea essary to get a good idea off the more than just a matter of national Bay. Unsan also lies north of the 38th ground. The SBIR and STTR programs pride—it is an important part of cre- parallel and was enemy territory for have a long track record in helping ating jobs and securing our country’s the U.S. 8th Cavalry Regiment, 1st small businesses leverage Federal sup- long-term economic well-being. The re- Cavalry Division, which had taken up port into innovative new technologies. authorization bill would strengthen the position there just days before. Products developed with assistance Small Business Innovation Research The regiment was part of a north- from these programs can be found in- and Small Business Technology Trans- ward advance toward the Sino-Korean side everything from the B–2 bomber to fer programs and help preserve Amer- border, in aggressive pursuit of a weak- the electric toothbrush. ica’s position as a leader in innovation. ened, retreating North Korean enemy. I am proud to say that some of these I was discouraged that so many of But as it advanced, it encountered a fe- innovations were made in my home my colleagues from the other side of rocious counteroffensive lead by Chi- State of Rhode Island. Since the SBIR the aisle voted to block the reauthor- nese forces, absorbing tragic casualties and STTR programs were created, ization of these vital programs. Simply at the hands of damaging defeat. As Rhode Island companies have received put, this should not be a partisan issue. the regiment retreated south back 277 awards and almost $100 million in Given the importance of these pro- across the Kuryong, it was forced to Federal support. grams to small businesses across the leave behind many brothers in arms. One of those companies is EpiVax, a country, I hope that my Republican Almost 600 Americans fell that day, biotech firm located in Providence. colleagues will come back to the table many of whom were declared missing in action, MIA, never to be found. EpiVax focuses its work in the field of so that we can work together to pass a Among the regiment was Primo immunology and has received several bipartisan reauthorization bill. SBIR awards over the years. Its most Carnabuci of Essex, CT. Primo came recent grant supports research on the f from a family of patriots; his two development of a type I diabetes treat- brothers, Dominic and Louis, also ISRAEL’S 63RD INDEPENDENCE ment. Other projects have included a served our country in uniform. Anec- DAY hemophilia therapy and an improved dotes about Primo from the battlefield paint the picture of a tenaciously cou- Tuberculosis vaccine. Mr. MORAN. Mr. President, the first SEA Corp. is another Rhode Island months of 2011 have been marked in the rageous fighter. In one such story, out- company that has benefited from both Middle East by profound change as citi- lined in a military document awarding SBIR and STTR grants. Located in zens have demanded greater represen- him a Distinguished Service Cross for heroism, as reported by the Middle- Middletown, SEA Corp. is a veteran- tation and increased accountability town Press, Primo was temporarily owned engineering firm. In 2000, they from their governments. As many of sidelined from battle after killing received an SBA award to develop those protesting for change were beat- three enemy soldiers and taking gre- launch systems for the Navy. They en and killed in the streets, a sense of nade shrapnel to the face. As he was have taken the same kind of inflator uncertainty about the future of the re- being attended to by a medic, Primo, that is used in automobile airbags and gion and the commitment of some of our allies to American values was pal- according to the document, ‘‘thrust reconfigured it to shoot objects as away the aid man, picked up his rifle, large as a 750-pound torpedo. SEA Corp. pable. Yet, during this time of revolu- tion, there has been no doubt about the and with utter disregard for his own is now adapting that technology to safety, advanced into the fire of the certainty and strength of our Nation’s launch unmanned aerial vehicles from enemy machine gun with blood stream- alliance and friendship with Israel. ships and submarines. ing down his face.’’ I am proud of these innovative Rhode Since the United States recognized His brother Dominic was not sur- Island projects and the contributions Israel 11 minutes after its founding on prised to hear that story. And it is safe they have made to our country. For May 14, 1948, the two countries have to say that, as his regiment encoun- Rhode Islanders, though, their most worked side by side to advance democ- tered those Chinese forces on that No- significant impact has been in the jobs racy and peace. vember night in 1950, Primo did not shy they have helped create. EpiVax has In a region where dictators and fam- away from danger, but rather took the grown to 22 employees at their facility ily rule are the norm, Israel has stood fight to the enemy, even as it over- in Rhode Island, and SEA Corp. em- out as a beacon for democracy—a coun- whelmed his regiment. He ultimately ploys 330. At a time when my State try with an independent judicial sys- perished in that battle and was de- continues to suffer from 11 percent un- tem and strong rule of law where citi- clared MIA, leaving his family back employment, we cannot overlook the zens are free to worship and speak as home in Connecticut heartbroken and importance of these jobs and the role they wish. unsure about where he was, and wheth- played by the SBIR and STTR in sup- For those wanting better governance er he was alive or dead. porting them. and more rights in the Middle East, Suppressed in history’s pages be- In Rhode Island, we have put special they just have to look next door to tween the Second World War and the emphasis on promoting the ‘‘knowledge Israel for an example of how things Vietnam war, the Korean war is often district’’ concept. Leaders like Brendan could be. referred to as the ‘‘Unknown War,’’ or McNally, the director of the Rhode Is- In advance of Yom Ha’atzmaut— as the ‘‘Forgotten War.’’ While Primo land Center for Innovation and Entre- Israel’s Independence Day—I wish to Carnabuci’s whereabouts were un- preneurship, have worked to bring to- congratulate the citizens of Israel for known to his family, he was certainly gether early-stage ventures and to fos- building a strong and vibrant country not forgotten. Every night since then, ter an environment of collaboration despite the myriad challenges, wars his brother Dominic has prayed that and innovation. A handful of RI–CIE and attacks they have faced. I look for- his brother would be found, and re- businesses have received SBIR awards ward to working in the Senate to turned safely and soundly. and many others have expressed inter- strengthen this strategically impor- Miraculously, that prayer was an- est in taking advantage of the grants tant relationship. swered, in part, just a few months ago,

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.031 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2923 when Dominic received a phone call 349 that we are able to meet here Block—Sheffield Lake; Bohne—Cleveland; from a U.S. Government official. today, in the U.S. Senate, and openly Boomer—Hudson; Bowen—North Olmsted; Primo’s body had been found in a mass debate the best solutions to the many Bozin—North Olmsted; Brabson, G—Parma; Brill—Sheffield; Bruner—Willoughby; gravesite surrounded by several of his diverse problems that confront our Bruno—Hudson; Buras—Hudson; compatriots and identified by DNA. country. It is thanks to their sacrifices Burlinghaus—Middleburgh Heights; Now, Primo has left Unsan, and he is that the United States of America re- Catavolos—Rocky River; Chase—Sagamore; coming back home to Connecticut. mains a beacon of hope and freedom in Chesek—North Royalton; Clark, J—Shaker As we gaze across the endless expanse a fractious world. We are grateful to Heights; Colon—Broadview Heights; Cool— of graves at Arlington Ceremony, or as them, their parents and their commu- Wasdworth; Cottingham—Shaker Heights; we mourn the loss of a servicemember nities for instilling the character, val- Cruse—Brunswick; Davis, B—Mantua; Davis, during a military burial somewhere E—Cleveland; Dekoning—Avon; Dodd— ues, discipline and mental and physical Cuhahoga Fall; Draughton—Cleveland; across our land today, we must think abilities of these outstanding young Ezell—Lagrange; Fadenholz—Elyria; Fink— about those who paid the ultimate sac- men and women. North Royalton; Fisher, J—Cleveland; rifice of not returning home alive but Their decision to serve our country Fortner—Northfield; Fox—Akron; Gatliff— also not returning home at all. This will not go unrecognized as we thank Wellington; Gerhart—Munroe Falls; Gill— country and its freedoms that we enjoy these 349 graduating seniors for the Brunswick; Gonzales—Brooklyn; Graf, T— exist because men and women like selflessness and courage that they have Ravenna; Graw—North Olmsted; Harmon— Primo Carnabuci have defended it. Elyria; Harter—Columbia Station; Hartley— shown by volunteering to risk their Ravenna; Hasan—Cleveland; Heinzman— Many have fallen for it so that we lives in defense of others. We owe Brunswick; Hicken—Cleveland; Hobart— might live in freedom, and unfortu- them, along with all those who serve Akron; Houchins—Chesterland; Hufford— nately, some of those who have fallen our country, a deep debt of gratitude. Cleveland; Jefferys—Akron; Jordan—Bay do not have the solace of having Amer- Mr. President, I ask unanimous con- Village; Kaczmarek—Mentor; Keeran— ica as their final resting place. sent to have printed in the RECORD the Magadore; Kepple—Hiram; King—Cuyahoga On Thursday, Primo Carnabuci will list of names of the high school seniors. Falls; Kinker—Diamond; Koleszar—Paines- ville; Ksenich—Amherst; Kubasky—Parma; be buried in Clinton, CT, with full mili- There being no objection the mate- tary honors. As the crack of rifle fire Lang—Avon Lake; Likovic—Eastlake; rial was ordered to be printed in the Long—Mogadore; Lorwanphet—Cleveland; and the cry of a bugle ripple through RECORD as follows: Lucas—Spencer; Martell—Cleveland; Mar- the air, and as the colors that Primo United States Army—98: tin—Lyndhurst; Martinez—Cleveland; wore the uniform for are draped across Albright—Cleveland; Bankston—Ash- Martz—Hudson; Mayton—Avon; McComb— his coffin, I hope that Dominic and the tabula; Barnes—Cleveland; Benz—Lakewood; Euclid; McKinney—Shaker Heights; Mol- entire Carnabuci family will feel relief Bodenski—Sheffield Village; Bradshaw— nar—Chardon; Moran—Cuyahoga Falls; Nich- that Primo has come home and pride in Akron; Burke—Garfield Heights; Burney— ols, E—Cleveland; Nichols, T—Madison; his service. America is where he be- Akron; Carroll—Columbia Station; Olexadolyk—Amherst; Palmer—Barberton; longs, and America is where he will Chrosniak—Sheffield; Ciano—Kent; Clady— Parker—Medina; Parkham—Cleveland; Elyria; Corponoi—Cleveland; Cristarella— Parr—Ravenna; Peck—Litchfield; Peele— now forever rest in peace. Hudson; Perry, D—Euclid; Perry, M—Akron; God bless Primo Carnabuci, God bless Richmond; Dixon—Maple Heights; Dunaway—Brooklyn; Ebanoidze—Parma; Peterjohn—Seven Hills; Phillips—Barberton; his family, and God bless the United Ellis—Kent; English—Geneva; Errington— Poole—Cleveland; Price, J—Norton; States of America. Clinton; Fioritto—Concord Township; Fish- Pritschau—Perry; Prokop—Mentor; Puelo— f er, A—Amherst; Fleischmann—Kingsville; Streetsboro; Quella—Strongsville; Quercioli—North Ridgeville; Ray, J—Cuya- FUTURE MEMBERS OF THE ARMED Gibbons—Columbia Station; Giles—Cleve- land; Gluntz—Parma; Gonzalez—Lorain; Gor- hoga Falls; Reese—Clinton; Reinhart—Wads- FORCES ham—Ravenna; Grenig—Parma; Hadsell— worth; Richards, A—Grafton; Richards, M— Mr. PORTMAN. Mr. President, I rise Wayland; Haslam—Akron; Haworth—Kent; Sheffield Lake; Riolo—Columbia Station; today to honor 349 high school seniors Helmick—Norton; Hooks—Euclid; Hooper— Roberts, K—Akron; Roberts, T—Akron; Rob- in 10 northeast Ohio counties for their Chagrin Falls; Horner—Sheffield; Houdek, ertson—Cleveland; Rogers—North Ridgeville; L—Bedford; Huertas—Parma; Hutson—Lake- Rooney—Westlake; Rosenkranz—Medina; commendable decision to enlist in the Salcedo—Cleveland; Shirey—Barberton; U.S. Armed Forces. Of these 349 seniors wood; Irby-Tinsley—Cleveland; Jackson, C— Euclid; Jackson, M—Cleveland; Kantola— Slattery—Painesville; Snyder, J—Wel- from 116 high schools in 104 towns and Kingsville; Khan—Cleveland; Kirby—Ash- lington; Spelic—Medina; Stanton—North cities, 98 will enter the Army, 134 will tabula; Klein—Rock Creek; Kovach—Ando- Ridgeville; Steinle—Medina; Stephen—Cleve- enter the Marine Corps, 42 will enter ver; Lanier—Cleveland; Laubenthal—Sul- land; Sterk—Wakeman; Swartwood—Norton; the Navy, 25 will enter the Air Force, livan; Liubin—Mayfield Heights; Lutton— Switzer—Brunswick; Venus—Seville; Walters and 50 will enter our Ohio Army Na- Madison; Mackell—Aurora; Maley—West Brunswick; Wayman—Berlin Heights; Salem; Malone—Parma; Mamus—Broadview Weese—Akron; Werdebaugh—Wellington; tional Guard. In the presence of their Westfall—Norton; Willis—Wellington; Wil- parents or guardians, high school coun- Heights; McCown—Akron; McDaniel—La- grange; McFaul—Chesterland; Meinke—Me- son, R—Ravenna; Woodyard—Richfield; selors, military leaders, city and busi- Zeigler—Medina; Zwegat—Broadview ness leaders, all 349 are being recog- dina; Millhouse—Kent; Miramontes— Chesterland; Mozek—Madison; Muska— Heights. United States Navy—42: nized on May 12, 2011, by ‘‘Our Commu- South Amherst; Oakes—Pierpoint; Pesec— nity Salutes of Cleveland.’’ Adkins—Ashtabula; Armbrust—Wads- Painesville; Petro—Ashtabula; Popek—Inde- worth; Barchanowicz—Ashtabula; Bennett— Later this month, these young men pendence; Porter, J—Kent; Porter, L— and women will join with many of their Wellington; Borelli—Fairport Harbor; Akron; Prendergast—North Royalton; Price, Boscalion—Lodi; Brown—Wellington; classmates in celebration of gradua- J—Norton; Rainey—Cleveland; Ray, D— Coffey—Geneva; Dane—Avon; Dickson— tion. At a time when many of their Rootstown; Reese—Wellington; Roberts, T— Madison; Doniver—Cleveland; Evans—Can- peers are looking forward to pursuing Akron; Robinson—Euclid; Roper—Akron; ton; Fipps—Warrensville; Graham—Geneva; vocational training or college degrees, Sarota—Elyria: Schwinn—Vermilion; Guthrie—Medina; Hamid—Avon Lake; or are uncertain about their future, Shelton—Lorain; Shumate—Elyria; Helderman—North Olmsted; Houdek, A—Ge- Stephan—Brecksville; Stephens—Euclid; neva; Jackson, A—Ashtabula; Keith—Elyria; these young men and women instead Stocker—Windham; Storms—Akron; have chosen to dedicate themselves to Lindak—North Ridgeville; Machesky—Am- Stowers—Vermilion; Sullivan—Lorain; herst; Minnich—Elyria; Mitchell— military service in defense of our coun- Thomas—Conneaut; Travis—North Warrensville Heights; Montgomery— try. Ridgeville; Unrue—Mogadore; Vance—Ash- Litchfield; Mullins—Sullivan; Olbrysh—Men- Naturally, many may be anxious tabula; West—Lagrange; White, D—Lake- tor; Pillari—Strongsville; Reid—Parma about the uncertainties that may wood; White, J—Parma; Witczak—North Heights; Rice—Vermilion; Richards, J— await them as members of the Armed Royalton; Woods—Cleveland; Yarbrough— Warrensville Heights; Roig—Olmsted Falls; Forces. But, they should rest assured Cleveland. Schuler—North Ridgeville; Sidwell—Medina; that the full support and resources of United States Marine Corps—134: Smith—Warrensville Heights; Squire—New Aguiar—Medina; Anthony—Akron; Arraj— London; Tomaszychi—Elyria; Towell—Spen- this Chamber, and the American peo- Cleveland; Atterbury—East Lake; Austin— ple, are with them in whatever chal- cer; Verdi—Ashtabula; Waites—Concord; Garfield Heights; Babusharvey—Maple Wilson, A—Vermilion; Zappitella—Conneaut. lenges may lie ahead. Heights; Baker, B—Kirtland; Beirne—Me- United States Air Force—25. It is thanks to the dedication of an dina; Benigni—Brunswick; Bergdorf— Baade—South Euclid; Baird—Broadview untold number of patriots like these Tallmadge; Biro—Middleburgh Heights; Heights; Brandt—Brookpark; Callahan—

VerDate Mar 15 2010 02:21 May 13, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.002 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2924 CONGRESSIONAL RECORD — SENATE May 12, 2011 Willoughby; Delp—Mentor; Felger—Middle- Mr. Weinberg has generously given the deck of the monitor, Lt. Cmdr. Kelley field; Gorta—Olmsted Falls; Halbrook— his time and expertise to support CSU’s disregarded his severe injuries and at- Willowick; Hernandez—Cleveland; Johnson, mission and contribute to its success. tempted to continue directing the other D—Cleveland Heights; Justiniano—Cleve- Additionally, he has financially sup- boats. Although unable to move from the land; Leach—Mentor; McFaul—Chardon; deck or to speak clearly into the radio, he Moore—Nordonia; Munroe—Cleveland ported many CSU initiatives. He and succeeded in relaying his commands through Heights; Novak—Brookpark; Nubert—Men- his wife Terri served as cochairs of the one of his men until the enemy attack was tor; Ramsey—Avon; Semrau—Mentor; Moses Cleaveland Scholarship Dinner, silenced and the boats were able to move to Seufer—Chagrin Falls; Silc—Painesville; and he is a platinum sponsor of Radi- an area of safety. Skorupski—Mentor; Snyder, A—Lorain; ance. Additional recognition of Mr. The citation concludes: Wagner—Amherst; Williams, J—Cleveland. Weinberg’s efforts will come as the Army National Guard—50: Lt. Comdr. Kelley’s brilliant leadership, Amin—Strongsville; Beavers—Cuyahoga Trustees’ boardroom is named for him bold initiative, and resolute determination Falls; Brabson, S—Macedonia; Casper—Men- in recognition of a generous scholar- served to inspire his men and provide the im- tor; Clark, K—Akron; Cripple—Akron; ship gift. petus needed to carry out the mission after Cross—Cleveland Heights; Crowder—Clinton; As part of Cleveland State Univer- he was medically evacuated by helicopter. Davey—Akron; Dragony—Brunswick; Ely— sity’s Commencement Weekend cele- His extraordinary courage under fire, and his Brooklyn; Faulds—Copley; Foster—La- bration, Mr. Weinberg, CSU President selfless devotion to duty sustain and enhance grange; Ganzer—Medina; Garcia—Lorain; Ronald M. Berkman and the CSU com- the finest traditions of the U.S. Naval Serv- Gigliotti—Lagrange; Graf, B—North Roy- ice. munity will participate in the celebra- alton; Gray—Cleveland; Griffin—Cuyahoga Tom retired from the Navy in 1990 Falls; Grimes—Clinton; Harrison—Cleveland; tion of graduation as well as embark Hasrouni—Brunswick; Heil—Strongsville; on a new tradition of celebrating and with the rank of captain and continued Hendrix—Elyria; Hunt—Lorain; Ibarra— supporting scholarships, which are key to serve in the Defense Department as Cleveland; Johnson, A—Cleveland; Kelly— to attracting promising students to a civilian. After returning to his home- Copley; Knafel—Akron; Marksbury—Am- Cleveland State University and giving town of Boston, Tom was named com- herst; Mireles—Parma; Morrow—Akron; them the tools to succeed. missioner of the Massachusetts Depart- Ningard—North Royalton; Noble—Clinton; It is during this time of commence- ment of Veterans’ Services in 1999. In Patsue—Olmsted Falls; Riley, A—Amherst; 2003, then Governor Romney named Rotilie—Rootstown; Singleton—Cleveland; ment that we can all pause to honor Slezak—North Royalton; Strouse—Cleve- our new graduates on their accomplish- him the department’s secretary, where land; Suttle—Akron; Swanson—Cleveland; ments and wish them well as they em- he served until January of this year. Toddy—Westlake; Turner—Vermilion; bark on new opportunities. We are also Many of us in and out of the service Urbanija—Fairview Park; Walker—Medina; grateful to CSU for helping to provide were very sorry to see him go. Williams, R—Garfield Heights; Winkleman— our young people with the tools they While at the helm of the Massachu- Fairview Park; Wite—Akron; Young—Cleve- setts Department of Veterans’ Serv- land. need to be prepared for a competitive job market and to support their com- ices, Tom Kelley remained a hard- f munities. It is important to thank charger, and through tireless effort, TRIBUTE TO RONALD E. those, such as Mr. Weinberg, who have transformed the agency into a national WEINBERG dedicated time and resources to con- model for effective and efficient care. Mr. PORTMAN. Mr. President, today tribute to the success of our students, Under Tom’s leadership, a new genera- I honor Ronald E. Weinberg, chair of an investment that is critical to Cleve- tion of warriors went off to fight in Op- the Cleveland State University board land’s and our Nation’s future. eration Enduring Freedom and Oper- ation Iraqi Liberation. Many of these of trustees and a principal with f warriors came home with severe phys- Weinberg & Bell Group, a Cleveland- TRIBUTE TO THOMAS G. KELLEY based private equity firm, as he is hon- ical injuries and the invisible scars of ored by Cleveland State University Mr. BROWN of Massachusetts. Mr. brain trauma and post traumatic stress with its President’s Medal, the univer- President, I rise today to recognize disorder. Tom ensured that the depart- sity’s highest nonacademic honor. Thomas G. Kelley of Boston, MA, a vet- ment devoted the same level of care for The President’s Medal is awarded to eran who risked his life for his nation these younger men and women as it did individuals, groups or entities whose and went on to a distinguished career veterans from earlier conflicts. dedication to the university is beyond serving his fellow veterans. When I served in the State legisla- question. The medal is conferred only A son of Boston, Tom Kelley re- ture, and as a member of the Veterans when the honoree has made continuing sponded to our Nation’s call of duty and Federal Affairs Committee, I and extraordinary contributions, or and enlisted in the U.S. Navy, where as worked closely with Tom on many has provided exemplary and ongoing a lieutenant in Vietnam he commanded issues and was always inspired by his services that have advanced the best River Assault Division 152. In his serv- energy and passion for helping his fel- interests and mission of Cleveland ice to our Nation, Tom Kelley earned low veterans. State University. our highest military decoration, the Tom served under Republican and The presentation of this award will Medal of Honor. The story of how it Democrat Governors and ensured that take place during a gala celebration happened is worth recounting. the department remained focused on entitled ‘‘Radiance—CSU Realizing the On June 15, 1969, Lieutenant Kelley providing outstanding service to Mas- Promise,’’ a highlight of Cleveland was leading several boats up the Ong sachusetts’ veterans. I have no doubt State University’s commencement Muong Canal to extract an Army com- that Tom Kelley will always be re- weekend. At that time, the President’s pany when one suffered a mechanical garded as an extremely effective and Medal will be bestowed upon Ronald E. failure. Moments later, the enemy at- dedicated secretary of veterans’ affairs. Weinberg for his extraordinary com- tacked. At this point, I would like to Tonight, Tom will receive a fitting mitment, service and contribution to quote from Tom Kelley’s Medal of farewell at a bipartisan gala, all the Cleveland State University and for his Honor citation presented by President proceeds of which will go to the Massa- efforts to help students achieve their Richard M. Nixon: chusetts Soldiers Legacy Fund. And it goals through higher education. . . . Lt. Comdr. Kelley realizing the extreme comes as no surprise that the guest of Mr. Weinberg was appointed to the danger to his column and its inability to honor insisted on purchasing his own Cleveland State Board of Trustees in clear the ambush site until the crippled unit ticket. 2001 and has served as chairman for the was repaired, boldly maneuvered the monitor f past 4 years. During his tenure, CSU in which he was embarked to the exposed has made great strides in becoming one side of the protective cordon in direct line ADDITIONAL STATEMENTS of the country’s top urban univer- with the enemy’s fire, and ordered the mon- sities—the campus has been trans- itor to commence firing. Suddenly, an enemy rocket scored a direct hit on the coxswain’s TRIBUTE TO DORI CARLSON formed with new buildings; highly flat, the shell penetrating the thick armor credentialed faculty and researchers plate, and the explosion spraying shrapnel in ∑ Mr. CONRAD. Mr. President, I wish have enriched the learning experience; all directions. Sustaining serious head to take a few minutes today to recog- and enrollment has increased. wounds from the blast, which hurled him to nize an outstanding North Dakotan. On

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.004 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2925 June 18, 2011, Dori Carlson will become H–66 Comanche, and many others. As a result of their accomplishments the first female president of the Amer- Naming the UH–72 after a tribe with at MCT, Mr. McCurdy and Mr. Lynch ican Optometric Association, AOA. such a distinct and honorable history are receiving the prestigious Small Dori, who has two offices in North Da- of bravery and service is a tribute to Business Person of the Year award. kota, was honored in 1994 as the North Native American heritage as potent as This award takes into account a vari- Dakota Young Optometrist of the Year the service the aircraft itself will pro- ety of criteria including: staying power and in 2003 as the Optometrist of the vide. as an established business, growth in Year. She was also the first female I commend the developers of this new number of employees, increase in sales president of the North Dakota Opto- aircraft for their hard work in the de- and/or unit volume, current and past fi- metric Association. sign and testing phases, as well as the nancial performance, innovativeness of Dori’s No. 1 priority is to advocate pilots and crews whose input so criti- product or service offered, response to the importance of having young chil- cally enhanced the UH–72 as a finished adversity, and contributions to com- dren undergo vision testing. She tells product. I was pleased to have the op- munity-oriented projects. This is truly parents all over the country about ‘‘vi- portunity to view the Lakota up close a deserved honor for Mr. Lynch and Mr. sion’’ problems faced by young chil- at a Rosebud Pow Wow a few years ago. McCurdy. Their hard work and dedica- dren, and that it is easier to address I wish the pilots and crews of each of tion has resulted in MCT being re- these problems if discovered early. She the D Company 1/112th Security and garded as a nationwide leader in both regularly highlights President Obama’s Support Battalion, as well as those the supply and servicing of truck tires statement regarding the need to review serving in other regions, the best of and retreaded truck tires. Mssrs. vision of young children: luck with this new aircraft. ∑ McCurdy and Lynch were honored at a luncheon in Maine on May 5, and will No child should be falling behind at school f because he or she can’t . . . see the black- also be recognized next week during board. RECOGNIZING MAINE COMMERCIAL National Small Business Week here in This is President Obama, February 4, TIRE, INC. Washington. 2009. ∑ Ms SNOWE. Mr. President, next week It will take small businesses to lead As a result of Dori’s emphasis on the marks the 48th annual celebration of us out of our economic morass. That is importance of children’s vision, there National Small Business Week, a tradi- why I am thankful for companies such continues to be an increase in vision tion started in 1963 under President as Maine Commercial Tire, which have testing. This means that fewer children Kennedy to highlight the critical role persevered and made great strides over are having vision problems. For all par- small businesses play in our society. the past 21 years. I thank Mr. McCurdy and Mr. Lynch for their leadership and ents, we thank Dori for her dedication This year, despite a difficult economy everyone at MCT for their dedication and congratulate her on becoming the struggling to rebound, we can be proud to excellence, and offer my best wishes new AOA president.∑ of our Nation’s nearly 30 million small for success in their future endeavors.∑ f firms that are working to move our Na- tion forward. f UH–72 LAKOTA LIGHT UTILITY In light of this, today I commend and TRIBUTE TO DR. PHILLIP O. HELICOPTER recognize Maine Commercial Tire, BARRY ∑ Mr. JOHNSON of South Dakota. Mr. MCT, a commercial tire servicer and ∑ Mr. UDALL of New Mexico. Mr. President, I wish to speak today to supplier in my home State of Maine. President, I, with my colleague Sen- honor the inception of the UH–72 Recently, MCT’s owners James McCur- ator BINGAMAN, wish to recognize Dr. Lakota Light Utility Helicopter into dy and James Lynch were named Phillip O. Barry on the occasion of his the active fleet of the South Dakota Maine’s 2011 Small Business Persons of retirement from a distinguished career National Guard D Company 1/112th Se- the year by the U.S. Small Business serving higher education institutions curity and Support Battalion. On May Administration. This is a highly de- in our home state of New Mexico and 15, a ceremony will be held at the served honor as both individuals’ lead- elsewhere. Crazy Horse Monument in the Black ership has allowed MCT to prosper in a A former Fulbright scholar, Dr. Hills of South Dakota—the traditional struggling and tumultuous economy. Barry has spent the past 36 years work- homeland of the proud Lakota Sioux Maine Commercial Tire began in 1990 ing in community colleges to improve for whom this aircraft has been named. in the town of Hermon, roughly 15 min- learning opportunities for New Mexi- After nearly a decade of development, utes from Bangor. Their goal was to cans, Iowans, and New Jerseyans. Ac- the Light Utility Helicopter program supply new tires and retreaded tires cess to quality higher education makes offers the UH–72 Lakota as a state-of- while providing outstanding service to all the difference for our children and the-art aircraft which will provide the many trucking businesses in Maine our economy. In order to secure the fu- medical support to members of our and portions of New Hampshire. Since ture of the Nation, we must provide the military. that time MCT has grown substantially best education possible. Innovative ad- The UH–72 Lakota stands as a defin- from 18 employees to 59 employees, and ministrators like Dr. Barry play a vital ing symbol of the continued partner- expanded by opening three additional role in achieving this important goal. ship between the U.S. military and the locations across the State, in Augusta, As a community college president, Dr. Sioux people. Native Americans from Scarborough, and Lewiston. The com- Barry devoted 24 years to leading these all reaches of this Nation have proven, pany now retreads roughly 35,000 tires institutions into the 21st century and time and again, their willingness to each year. helping them expand to meet the needs serve in the U.S. military to protect MCT is recognized both locally and of more students and an evolving econ- our freedoms. In fact, members of Na- globally for its commitment to excel- omy. tive American tribes like the Lakota lence. The International Organization In his 15 years at Mesalands Commu- have historically served, and continue for Standardization, ISO, develops and nity College in Tucumcari, NM, Dr. to serve, at a higher per-capita rate sets high global standards that a vari- Barry transformed Mesalands from a than any other ethnic group in Amer- ety of international companies strive technical school into a community col- ica. In its medical evacuation, home- to achieve in order to become certified lege, including leading the college land security, and drug enforcement in their field. In 2000, MCT became the through a rigorous accreditation proc- aircraft capacities, I know the UH–72 first—and thus far, only—ISO 9002 cer- ess. He established the college’s foun- Lakota will do this legacy proud, wher- tified tire dealer and independently dation in order to ensure the financial ever it serves. owned retread shop in the United security of the school for the future. Per Department of Defense regula- States. In addition to demonstrating Through Dr. Barry’s leadership and tions, military helicopters are named MCT’s commitment to excellence, this foresight, Mesalands Community Col- after Native American tribes, and the certification shows that American lege created such innovations as its Di- UH–72 joins the ranks of other distin- small businesses can truly compete in nosaur Museum, the North American guished service helicopters like the H– a global marketplace with hard work Wind Research and Training Center, 60 Black Hawk, the H–64 Apache, the and perseverance. and an intercollegiate rodeo program.

VerDate Mar 15 2010 01:16 May 13, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.030 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2926 CONGRESSIONAL RECORD — SENATE May 12, 2011 Dr. Barry’s vision for and guidance of S. 953. A bill to authorize the conduct of Turbofan Engines’’ ((RIN2120–AA64) (Docket Mesalands Community College has certain lease sales in the Outer Continental No. FAA–2011–0176)) received in the Office of been instrumental to the continued de- Shelf, to amend the Outer Continental Shelf the President of the Senate on May 5, 2011; to velopment and success of the college. Lands Act to modify the requirements for the Committee on Commerce, Science, and exploration, and for other purposes. Transportation. Senator BINGAMAN and I thank Dr. EC–1639. A communication from the Senior Barry for his commitment to higher f Program Analyst, Federal Aviation Adminis- education in New Mexico and to the MEASURES READ THE FIRST TIME tration, Department of Transportation, community college students of today transmitting, pursuant to law, the report of The following bills were read the first and tomorrow. Thanks to Dr. Barry a rule entitled ‘‘Airworthiness Directives; time: and institutions like those he led, a Fokker Services B.V. Model F.28 Mark 1000, growing number of Americans are able H.R. 1229. An act to amend the Outer Con- 2000, 3000, and 4000 Airplanes’’ ((RIN2120– tinental Shelf Lands Act to facilitate the AA64) (Docket No. FAA–2010–1304)) received to continue their educations, achieve safe and timely production of American en- in the Office of the President of the Senate secondary degrees, and help ensure our ergy resources from the Gulf of Mexico, to on May 4, 2011; to the Committee on Com- country’s future competitiveness in an require the Secretary of the Interior to con- merce, Science, and Transportation. increasingly global economy. duct certain offshore oil and gas lease sales, EC–1640. A communication from the Senior We wish Dr. Barry continued success, and for other purposes. Program Analyst, Federal Aviation Adminis- and for a most happy retirement.∑ S. 990. A bill to provide for an additional tration, Department of Transportation, temporary extension of programs under the transmitting, pursuant to law, the report of f Small Business Act and the Small Business a rule entitled ‘‘Airworthiness Directives; MESSAGES FROM THE PRESIDENT Investment Act of 1958, and for other pur- Eurocopter France (Eurocopter) Model EC130 poses. B4 Helicopters’’ ((RIN2120–AA64) (Docket No. Messages from the President of the FAA–2011–0212)) received in the Office of the United States were communicated to f President of the Senate on May 4, 2011; to the the Senate by Mr. Pate, one of his sec- EXECUTIVE AND OTHER Committee on Commerce, Science, and retaries. COMMUNICATIONS Transportation. EC–1641. A communication from the Senior f The following communications were Program Analyst, Federal Aviation Adminis- EXECUTIVE MESSAGES REFERRED laid before the Senate, together with tration, Department of Transportation, As in executive session the PRE- accompanying papers, reports, and doc- transmitting, pursuant to law, the report of uments, and were referred as indicated: a rule entitled ‘‘Airworthiness Directives; SIDING OFFICER laid before the Sen- The Boeing Company Model 747 Airplanes’’ ate messages from the President of the EC–1634. A communication from the Senior ((RIN2120–AA64) (Docket No. FAA–2008–0090)) United States submitting sundry nomi- Program Analyst, Federal Aviation Adminis- received in the Office of the President of the nations which were referred to the ap- tration, Department of Transportation, Senate on May 4, 2011; to the Committee on propriate committees. transmitting, pursuant to law, the report of Commerce, Science, and Transportation. a rule entitled ‘‘Airworthiness Directives; EC–1642. A communication from the Senior (The nominations received today are Empresa Brasileira de Aeronautica S.A. printed at the end of the Senate pro- Program Analyst, Federal Aviation Adminis- (EMBRAER) Model ERJ 170 and ERJ 190 Air- tration, Department of Transportation, ceedings.) planes’’ ((RIN2120–AA64) (Docket No. FAA– transmitting, pursuant to law, the report of f 2010–1161)) received during adjournment of a rule entitled ‘‘Airworthiness Directives; the Senate in the Office of the President of MESSAGES FROM THE HOUSE Saab AB, Saab Aerosystems Model 340A the Senate on April 21, 2011; to the Com- (SAAB/SF340A) and SAAB 340B Airplanes At 10:10 a.m., a message from the mittee on Commerce, Science, and Transpor- Modified in Accordance with Supplemental House of Representatives, delivered by tation. Type Certificate (STC) ST00224WI–D, Mr. Novotny, one of its reading clerks, EC–1635. A communication from the Senior ST00146WI–D, or SA984GL–D’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- AA64) (Docket No. FAA–2010–0042)) received announced that the House has passed tration, Department of Transportation, the following bill, in which it requests in the Office of the President of the Senate transmitting, pursuant to law, the report of on May 9, 2011; to the Committee on Com- the concurrence of the Senate: a rule entitled ‘‘Airworthiness Directives; merce, Science, and Transportation. H.R. 1229. An act to amend the Outer Con- Fokker Services B.V. Model F.27 Mark 050 EC–1643. A communication from the Senior tinental Shelf Lands Act to facilitate the Airplanes’’ ((RIN2120–AA64) (Docket No. Program Analyst, Federal Aviation Adminis- safe and timely production of American en- FAA–2011–0325)) received during adjournment tration, Department of Transportation, ergy resources from the Gulf of Mexico, to of the Senate in the Office of the President transmitting, pursuant to law, the report of require the Secretary of the Interior to con- of the Senate on April 21, 2011; to the Com- a rule entitled ‘‘Airworthiness Directives; duct certain offshore oil and gas lease sales, mittee on Commerce, Science, and Transpor- Bell Helicopter Textron, Inc. Model 212 Heli- and for other purposes. tation. copters’’ ((RIN2120–AA64) (Docket No. FAA– The message also announced that the EC–1636. A communication from the Senior 2011–0323)) received in the Office of the Presi- Program Analyst, Federal Aviation Adminis- dent of the Senate on May 9, 2011; to the House has agreed to the following con- tration, Department of Transportation, current resolutions, in which it re- Committee on Commerce, Science, and transmitting, pursuant to law, the report of Transportation. quests the concurrence of the Senate: a rule entitled ‘‘Airworthiness Directives; EC–1644. A communication from the Senior H. Con. Res. 16. Concurrent resolution au- Fokker Services B.V. Model F.27 Mark 050 Program Analyst, Federal Aviation Adminis- thorizing the use of the Capitol Grounds for Airplanes’’ ((RIN2120–AA64) (Docket No. tration, Department of Transportation, the Greater Washington Soap Box Derby. FAA–2011–0262)) received during adjournment transmitting, pursuant to law, the report of H. Con Res. 46. Concurrent resolution au- of the Senate in the Office of the President a rule entitled ‘‘Airworthiness Directives; thorizing the use of the Capitol Grounds for of the Senate on April 21, 2011; to the Com- CPAC, Inc. (Type Certificate Formerly Held the National Peace Officers’ Memorial Serv- mittee on Commerce, Science, and Transpor- by Commander Aircraft Corporation, Gulf- ice. tation. stream Aerospace Corporation, and Rockwell At 2:50 p.m., a message from the EC–1637. A communication from the Senior International) Models 112, 112B, 112TC, Program Analyst, Federal Aviation Adminis- House of Representatives, delivered by 112TCA, 114, 114A, 114B, and 114TC Airplanes’’ tration, Department of Transportation, ((RIN2120–AA64) (Docket No. FAA–2011–0302)) Mr. Novotny, one of its reading clerks, transmitting, pursuant to law, the report of received in the Office of the President of the announced that the House has agreed a rule entitled ‘‘Airworthiness Directives; Senate on May 9, 2011; to the Committee on to the following concurrent resolution, DASSAULT AVIATION Model MYSTERE- Commerce, Science, and Transportation. in which it requests the concurrence of FALCON 50 Airplanes’’ ((RIN2120–AA64) EC–1645. A communication from the Senior the Senate: (Docket No. FAA–2011–0261)) received during Program Analyst, Federal Aviation Adminis- H. Con. Res. 50. Concurrent resolution pro- adjournment of the Senate in the Office of tration, Department of Transportation, viding for a conditional adjournment of the the President of the Senate on April 21, 2011; transmitting, pursuant to law, the report of House of Representatives. to the Committee on Commerce, Science, a rule entitled ‘‘Airworthiness Directives; and Transportation. Thielert Aircraft Engines GmbH Models TAE f EC–1638. A communication from the Senior 125–01, TAE 125–02–99, and TAE 125–02–114 Re- MEASURES PLACED ON THE Program Analyst, Federal Aviation Adminis- ciprocating Engines’’ ((RIN2120–AA64) (Dock- CALENDAR tration, Department of Transportation, et No. FAA–2010–0820)) received in the Office transmitting, pursuant to law, the report of of the President of the Senate on May 9, 2011; The following bill was read the sec- a rule entitled ‘‘Airworthiness Directives; to the Committee on Commerce, Science, ond time, and placed on the calendar: Rolls-Royce plc (RR) RB211–Trent 900 Series and Transportation.

VerDate Mar 15 2010 02:21 May 13, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.005 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2927 EC–1646. A communication from the Senior tration, Department of Transportation, S. Res. 116. A resolution to provide for ex- Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the report of pedited Senate consideration of certain tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives; nominations subject to advice and consent. transmitting, pursuant to law, the report of Airbus Model A340–541 and –642 Airplanes’’ By Mr. LIEBERMAN, from the Committee a rule entitled ‘‘Airworthiness Directives; ((RIN2120–AA64) (Docket No. FAA–2011–0310)) on Homeland Security and Governmental Af- The Boeing Company Model MD–90–30 Air- received in the Office of the President of the fairs, without amendment and with a pre- planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on May 9, 2011; to the Committee on amble: 2010–1202)) received in the Office of the Presi- Commerce, Science, and Transportation. S. Res. 174. A resolution expressing the dent of the Senate on May 9, 2011; to the EC–1655. A communication from the Senior sense of the Senate that effective sharing of Committee on Commerce, Science, and Program Analyst, Federal Aviation Adminis- passenger information from inbound inter- Transportation. tration, Department of Transportation, national flight manifests is a crucial compo- EC–1647. A communication from the Sec- transmitting, pursuant to law, the report of nent of our national security and that the retary of the Senate, transmitting, pursuant a rule entitled ‘‘Airworthiness Directives; Department of Homeland Security must to law, the report of the receipts and expend- Airbus Model A340–200 and –300 Series Air- maintain the information sharing standards itures of the Senate for the period from Oc- planes’’ ((RIN2120–AA64) (Docket No. FAA– required under the 2007 Passenger Name tober 1, 2010 through March 31, 2011, received 2011–0383)) received in the Office of the Presi- Record Agreement between the United in the Office of the President of the Senate dent of the Senate on May 9, 2011; to the States and the European Union. on May 12, 2011; ordered to lie on the table. Committee on Commerce, Science, and By Mr. LIEBERMAN, from the Committee EC–1648. A communication from the Assist- Transportation. on Homeland Security and Governmental Af- ant Bureau Chief, Wireless Telecommuni- EC–1656. A communication from the Senior fairs, without amendment: cations Bureau, Federal Communications Program Analyst, Federal Aviation Adminis- S. 349. A bill to designate the facility of Commission, transmitting, pursuant to law, tration, Department of Transportation, the United States Postal Service located at the report of a rule entitled ‘‘Reexamination transmitting, pursuant to law, the report of 4865 Tallmadge Road in Rootstown, Ohio, as of Roaming Obligations of Commercial Mo- a rule entitled ‘‘Airworthiness Directives; the ‘‘Marine Sgt. Jeremy E. Murray Post Of- The Boeing Company Model 777–200 and –300 bile Radio Service Providers and Other Pro- fice’’. viders of Mobile Data Services’’ ((WT Docket Series Airplanes Equipped with Pratt and S. 655. A bill to designate the facility of No. 05–265)(FCC 11–52)) received in the Office Whitney Engines’’ ((RIN2120–AA64) (Docket the United States Postal Service located at No. FAA–2011–0026)) received in the Office of of the President of the Senate on May 11, 95 Dogwood Street in Cary, Mississippi, as the President of the Senate on May 9, 2011; to 2011; to the Committee on Commerce, the ‘‘Spencer Byrd Powers, Jr. Post Office’’. Science, and Transportation. the Committee on Commerce, Science, and By Mr. SCHUMER, from the Committee on Transportation. EC–1649. A communication from the Dep- Rules and Administration, without amend- uty Chief, Public Safety and Homeland Secu- EC–1657. A communication from the Senior Program Analyst, Federal Aviation Adminis- ment: rity Bureau, Federal Communications Com- S. 739. A bill to authorize the Architect of tration, Department of Transportation, mission, transmitting, pursuant to law, the the Capitol to establish battery recharging report of a rule entitled ‘‘Implementing a transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; stations for privately owned vehicles in Nationwide, Broadband, Interoperable Public parking areas under the jurisdiction of the Safety Network in the 700 MHz Band’’ (FCC Airbus Model A300 B4–601, B4–603, B4–605R, C4–605R, Variant F, and F4–605R Airplanes, Senate at no net cost to the Federal Govern- 11–6) received in the Office of the President ment. of the Senate on May 11, 2011; to the Com- and A310–204 and –304 Airplanes’’ ((RIN2120– AA64) (Docket No. FAA–2011–0035)) received f mittee on Commerce, Science, and Transpor- in the Office of the President of the Senate tation. on May 9, 2011; to the Committee on Com- EXECUTIVE REPORTS OF EC–1650. A communication from the Dep- COMMITTEES uty General Counsel, Federal Communica- merce, Science, and Transportation. EC–1658. A communication from the Senior tions Commission, transmitting, pursuant to The following executive reports of Program Analyst, Federal Aviation Adminis- law, the report of a rule entitled ‘‘Amend- nominations were submitted: tration, Department of Transportation, ment of the Commission’s Ex Parte Rules By Mr. JOHNSON, of South Dakota, for transmitting, pursuant to law, the report of and Other Procedural Rules, Report and the Committee on Banking, Housing, and a rule entitled ‘‘Airworthiness Directives; Order and Further Notice of Proposed Rule- The Boeing Company Model 747–200B, –300, Urban Affairs. making’’ (FCC 11–11) received in the Office of *Peter A. Diamond, of Massachusetts, to be –400, –400D, and –400F Series Airplanes Pow- the President of the Senate on May 11, 2011; a Member of the Board of Governors of the ered by Pratt and Whitney 4000 or General to the Committee on Commerce, Science, Federal Reserve System for the unexpired Electric CF6–80C2 Series Engines’’ ((RIN2120– and Transportation. term of fourteen years from February 1, 2000. AA64) (Docket No. FAA–2010–1111)) received EC–1651. A communication from the Senior *David S. Cohen, of Maryland, to be Under in the Office of the President of the Senate Program Analyst, Federal Aviation Adminis- Secretary for Terrorism and Financial on May 9, 2011; to the Committee on Com- tration, Department of Transportation, Crimes. transmitting, pursuant to law, the report of merce, Science, and Transportation. *Daniel L. Glaser, of the District of Colum- EC–1659. A communication from the Direc- a rule entitled ‘‘Airworthiness Directives; bia, to be Assistant Secretary for Terrorist tor, Office of Management and Budget, Exec- Airbus Model A330–200 and –300 Series Air- Financing, Department of the Treasury. utive Office of the President, transmitting, a planes, and Model A340–200 and –300 Series *Wanda Felton, of New York, to be First legislative proposal to improve cybersecu- Airplanes’’ ((RIN2120–AA64) (Docket No. Vice President of the Export-Import Bank of rity; to the Committee on Commerce, FAA–2011–0311)) received in the Office of the the United States for a term expiring Janu- Science, and Transportation. President of the Senate on May 9, 2011; to the EC–1660. A communication from the Direc- ary 20, 2013. Committee on Commerce, Science, and *Sean Robert Mulvaney, of Illinois, to be a tor, Office of Management and Budget, Exec- Transportation. utive Office of the President, transmitting, a Member of the Board of Directors of the Ex- EC–1652. A communication from the Senior legislative proposal to improve cybersecu- port-Import Bank of the United States for a Program Analyst, Federal Aviation Adminis- rity; to the Committee on the Judiciary. term expiring January 20, 2015. tration, Department of Transportation, EC–1661. A communication from the Direc- By Mr. SCHUMER for the Committee on transmitting, pursuant to law, the report of tor, Office of Management and Budget, Exec- Rules and Administration. a rule entitled ‘‘Airworthiness Directives; utive Office of the President, transmitting, a *William J. Boarman, of Maryland, to be Cessna Aircraft Company (Cessna) Model 172 a legislative proposal to improve cybersecu- Public Printer, to which position he was ap- Airplanes Modified by Supplemental Type rity; to the Committee on Homeland Secu- pointed during the recess of the Senate from Certificate (STC) SA01303WI’’ ((RIN2120– rity and Governmental Affairs. December 22, 2010, to January 5, 2011. AA64) (Docket No. FAA–2010–1243)) received By Mr. LEAHY for the Committee on the in the Office of the President of the Senate f Judiciary. on May 9, 2011; to the Committee on Com- REPORTS OF COMMITTEES Henry F. Floyd, of South Carolina, to be merce, Science, and Transportation. United States Circuit Judge for the Fourth EC–1653. A communication from the Senior The following reports of committees Circuit. Program Analyst, Federal Aviation Adminis- were submitted: Sara Lynn Darrow, of Illinois, to be United tration, Department of Transportation, By Mr. LIEBERMAN, from the Committee States District Judge for the Central Dis- transmitting, pursuant to law, the report of on Homeland Security and Governmental Af- trict of Illinois. a rule entitled ‘‘Airworthiness Directives; fairs, without amendment: Richard Brooke Jackson, of Colorado, to be Pacific Aerospace Limited Model 750XL Air- H.R. 793. A bill to designate the facility of United States District Judge for the District planes’’ ((RIN2120–AA64) (Docket No. FAA– the United States Postal Service located at of Colorado. 2011–0379)) received in the Office of the Presi- 12781 Sir Francis Drake Boulevard in Inver- Kathleen M. Williams, of Florida, to be dent of the Senate on May 9, 2011; to the ness, California, as the ‘‘Specialist Jake Rob- United States District Judge for the South- Committee on Commerce, Science, and ert Velloza Post Office’’. ern District of Florida. Transportation. By Mr. SCHUMER, from the Committee on Nelva Gonzales Ramos, of Texas, to be EC–1654. A communication from the Senior Rules and Administration, without amend- United States District Judge for the South- Program Analyst, Federal Aviation Adminis- ment: ern District of Texas.

VerDate Mar 15 2010 02:21 May 13, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.023 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2928 CONGRESSIONAL RECORD — SENATE May 12, 2011 Donald B. Verrilli, Jr., of the District of S. 964. A bill to amend the National Labor S. 974. A bill to amend the Internal Rev- Columbia, to be Solicitor General of the Relations Act to clarify the applicability of enue Code of 1986 to expand the tip tax credit United States. such Act with respect to States that have to employers of cosmetologists and to pro- *Nomination was reported with rec- right to work laws in effect; to the Com- mote tax compliance in the cosmetology sec- mittee on Health, Education, Labor, and tor; to the Committee on Finance. ommendation that it be confirmed sub- Pensions. By Mr. TESTER (for himself, Mr. WICK- ject to the nominee’s commitment to By Mrs. GILLIBRAND: ER, and Mr. AKAKA): respond to requests to appear and tes- S. 965. A bill to amend the Internal Rev- S. 975. A bill to amend the Public Health tify before any duly constituted com- enue Code of 1986 to provide an income tax Service Act to provide for the participation mittee of the Senate. credit for the costs of certain infertility of physical therapists in the National Health (Nominations without an asterisk treatments, and for other purposes; to the Service Corps Loan Repayment Program, were reported with the recommenda- Committee on Finance. and for other purposes; to the Committee on By Mrs. GILLIBRAND: Health, Education, Labor, and Pensions. tion that they be confirmed.) S. 966. A bill to amend the Public Health By Mr. CASEY: f Service Act to provide for osteoporosis and S. 976. A bill to extend the designation of related bone disease education, research, and Monroe County, Pennsylvania, as a INTRODUCTION OF BILLS AND surveillance, and for other purposes; to the HUBZone, and for other purposes; to the JOINT RESOLUTIONS Committee on Health, Education, Labor, and Committee on Small Business and Entrepre- The following bills and joint resolu- Pensions. neurship. tions were introduced, read the first By Mr. MERKLEY (for himself, Ms. By Mr. MENENDEZ (for himself and SNOWE, Mr. REED, Mr. DURBIN, Mr. and second times by unanimous con- Mr. LAUTENBERG): BLUMENTHAL, Mr. INOUYE, Mrs. S. 977. A bill to fight criminal gangs; to the sent, and referred as indicated: SHAHEEN, Mr. SANDERS, Mr. Committee on the Judiciary. By Mr. CASEY (for himself, Mr. WHITEHOUSE, Mr. WYDEN, and Mr. By Ms. KLOBUCHAR (for herself, Mr. ISAKSON, Mr. BROWN of Ohio, Mr. AKAKA): CORNYN, and Mr. COONS): BLUNT, Mr. KERRY, Mr. BROWN of S. 967. A bill to establish clear regulatory S. 978. A bill to amend the criminal pen- Massachusetts, Mr. BLUMENTHAL, and standards for mortgage servicers, and for alty provision for criminal infringement of a Mr. ROBERTS): other purposes; to the Committee on Bank- copyright, and for other purposes; to the S. 958. A bill to amend the Public Health ing, Housing, and Urban Affairs. Committee on the Judiciary. Service Act to reauthorize the program of By Mr. LEAHY (for himself, Mr. By Mr. DURBIN (for himself, Mr. payments to children’s hospitals that oper- HATCH, Mr. GRASSLEY, Mr. SCHUMER, LIEBERMAN, Mr. WHITEHOUSE, Mr. ate graduate medical education programs; to Mrs. FEINSTEIN, Mr. WHITEHOUSE, Mr. CARDIN, and Mr. REED): the Committee on Health, Education, Labor, GRAHAM, Mr. KOHL, Mr. COONS, Mr. S. 979. A bill to designate as wilderness cer- and Pensions. BLUMENTHAL, Ms. KLOBUCHAR, and tain Federal portions of the red rock can- By Mrs. HAGAN (for herself and Mr. Mr. FRANKEN): yons of the Colorado Plateau and the Great LIEBERMAN): S. 968. A bill to prevent online threats to Basin Deserts in the State of Utah for the S. 959. A bill to improve outcomes for stu- economic creativity and theft of intellectual benefit of present and future generations of dents in persistently low-performing schools, property, and for other purposes; to the Com- people in the United States; to the Com- to create a culture of recognizing, rewarding, mittee on the Judiciary. mittee on Energy and Natural Resources. and replicating educational excellence, to By Mrs. GILLIBRAND (for herself, Ms. By Mrs. MURRAY (for herself, Ms. authorize school turnaround grants, and for SNOWE, Mr. BROWN of Ohio, Ms. MURKOWSKI, Ms. CANTWELL, and Mr. other purposes; to the Committee on Health, STABENOW, and Mr. BEGICH): BEGICH): Education, Labor, and Pensions. S. 969. A bill to award planning grants and S. 980. A bill to promote secure ferry trans- By Mr. KERRY (for himself, Mr. ALEX- implementation grants to State educational portation and for other purposes; to the ANDER, and Mr. WYDEN): agencies to enable the State educational Committee on Environment and Public S. 960. A bill to provide for a study on agencies to complete comprehensive plan- Works. issues relating to access to intravenous im- ning to carry out activities designed to inte- By Mr. LEVIN (for himself and Mr. mune globulin (IVG) for Medicare bene- grate engineering education into K–12 in- MCCAIN) (by request): ficiaries in all care settings and a dem- struction and curriculum and to provide S. 981. A bill to authorize appropriations onstration project to examine the benefits of evaluation grants to measure efficacy of K– for fiscal year 2012 for military activities of the Department of Defense and for military providing coverage and payment for items 12 engineering education; to the Committee construction, to prescribe military personnel and services necessary to administer IVG in on Health, Education, Labor, and Pensions. strengths for fiscal year 2012, and for other the home; to the Committee on Finance. By Mr. COONS (for himself, Mr. CAR- PER, and Mr. CASEY): purposes; to the Committee on Armed Serv- By Mr. KERRY (for himself, Mrs. MUR- S. 970. A bill to designate additional seg- ices. RAY, and Mr. BEGICH): ments and tributaries of White Clay Creek, By Ms. AYOTTE (for herself, Mr. S. 961. A bill to create the income security in the States of Delaware and Pennsylvania, GRAHAM, Mr. LIEBERMAN, Mr. conditions and family supports needed to en- as a component of the National Wild and CHAMBLISS, Mr. BROWN of Massachu- sure permanency for the Nation’s unaccom- Scenic Rivers System; to the Committee on setts, Mr. RUBIO, and Mr. WEBB): panied youth, and for other purposes; to the Energy and Natural Resources. S. 982. A bill to reaffirm the authority of Committee on Finance. By Mr. WYDEN (for himself and Mr. the Department of Defense to maintain By Mrs. MURRAY (for herself and Ms. THUNE): United States Naval Station, Guantanamo CANTWELL): S. 971. A bill to promote neutrality, sim- Bay, Cuba, as a location for the detention of S. 962. A bill to reauthorize the Northwest plicity, and fairness in the taxation of dig- unprivileged enemy belligerents held by the Straits Marine Conservation Initiative Act ital goods and digital services; to the Com- Department of Defense, and for other pur- to promote the protection of the resources of mittee on Finance. poses; to the Committee on Armed Services. the Northwest Straits, and for other pur- By Mr. CARPER: By Mr. NELSON of Florida: poses; to the Committee on Commerce, S. 972. A bill to amend titles 23 and 49, S. 983. A bill to amend the Internal Rev- Science, and Transportation. United States Code, to establish procedures enue Code of 1986 to disallow a deduction for By Mr. CARPER: to advance the use of cleaner construction amounts paid or incurred by a responsible S. 963. A bill to reduce energy costs, im- equipment on Federal-aid highway and pub- party relating to a discharge of oil; to the prove energy efficiency, and expand the use lic transportation construction projects, to Committee on Finance. of renewable energy by Federal agencies, and make the acquisition and installation of By Mr. HARKIN (for himself, Ms. MI- for other purposes; to the Committee on En- emission control technology an eligible ex- KULSKI, Mrs. MURRAY, Mr. SANDERS, ergy and Natural Resources. pense in carrying out such projects, and for Mr. CASEY, Mr. MERKLEY, Mr. By Mr. ALEXANDER (for himself, Mr. other purposes; to the Committee on Envi- FRANKEN, Mr. WHITEHOUSE, Mr. GRAHAM, Mr. DEMINT, Mr. PAUL, Mr. ronment and Public Works. BLUMENTHAL, Mr. INOUYE, Mr. LEVIN, CORNYN, Mr. LUGAR, Mr. SHELBY, Mr. By Mr. WHITEHOUSE (for himself, Ms. Mr. KERRY, Mr. AKAKA, Mr. DURBIN, ISAKSON, Mr. RISCH, Mr. BOOZMAN, SNOWE, Mr. ROCKEFELLER, Mr. NEL- Mr. SCHUMER, Mr. LAUTENBERG, Mr. Mr. LEE, Mr. KYL, Mr. VITTER, Mr. SON of Florida, Ms. LANDRIEU, and BROWN of Ohio, and Mrs. COCHRAN, Mr. COBURN, Mr. GRASSLEY, Ms. STABENOW): GILLIBRAND): Mrs. HUTCHISON, Mr. HOEVEN, Mr. S. 973. A bill to create the National Endow- S. 984. A bill to allow Americans to earn JOHANNS, Mr. JOHNSON of Wisconsin, ment for the Oceans to promote the protec- paid sick time so that they can address their Mr. MCCONNELL, Mr. BARRASSO, Mr. tion and conservation of the United States own health needs and the health needs of BURR, Mr. ROBERTS, Mr. SESSIONS, ocean, coastal, and Great Lakes ecosystems, their families; to the Committee on Health, Mr. HATCH, Mr. ENZI, Mr. CHAMBLISS, and for other purposes; to the Committee on Education, Labor, and Pensions. Mr. INHOFE, Mr. HELLER, Mr. MCCAIN, Commerce, Science, and Transportation. By Ms. MIKULSKI: Mr. WICKER, Mr. RUBIO, and Mr. By Ms. SNOWE (for herself and Ms. S. 985. A bill to amend the definition of a CORKER): LANDRIEU): law enforcement officer under subchapter III

VerDate Mar 15 2010 02:43 May 13, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.026 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2929 of chapter 83 and chapter 84 of title 5, United tween the United States and the East Bench (Mrs. MURRAY) was added as a cospon- States Code, respectively, to ensure the in- Irrigation District; to the Committee on En- sor of S. 214, a bill to amend the Oil clusion of certain positions; to the Com- ergy and Natural Resources. Pollution Act of 1990 to require oil pol- mittee on Homeland Security and Govern- By Mr. AKAKA (for himself, Mr. HAR- luters to pay the full cost of oil spills, mental Affairs. KIN, and Mr. DURBIN): By Mr. MENENDEZ: S. 998. A bill to amend title IV of the Em- and for other purposes. S. 986. A bill to amend the Internal Rev- ployee Retirement Income Security Act of S. 215 enue Code of 1986 to regulate the subsidies 1974 to require the Pension Benefit Guaranty At the request of Mr. MENENDEZ, the paid to rum producers in Puerto Rico and Corporation, in the case of airline pilots who name of the Senator from Washington the Virgin Islands, and for other purposes; to are required by regulation to retire at age 60, (Mrs. MURRAY) was added as a cospon- the Committee on Finance. to compute the actuarial value of monthly sor of S. 215, a bill to amend the Inter- By Mr. FRANKEN (for himself, Mr. benefits in the form of a life annuity com- nal Revenue Code of 1986 to require oil BLUMENTHAL, Mr. LEAHY, Mr. DURBIN, mencing at age 60; to the Committee on Mr. WHITEHOUSE, Mr. BROWN of Ohio, Health, Education, Labor, and Pensions. polluters to pay the full cost of oil Mr. HARKIN, Mr. KERRY, Mr. By Mr. ENZI (for himself, Mr. spills, and for other purposes. MERKLEY, Mr. UDALL of New Mexico, BARRASSO, Mr. HATCH, Mr. RISCH, and S. 277 Mr. WYDEN, Mr. CASEY, and Mrs. Mr. CORNYN): At the request of Mr. BURR, the name BOXER): S.J. Res. 12. A joint resolution proposing of the Senator from South Carolina S. 987. A bill to amend title 9 of the United an amendment to the Constitution of the States Code with respect to arbitration; to (Mr. GRAHAM) was added as a cosponsor United States to give States the right to re- of S. 277, a bill to amend title 38, the Committee on the Judiciary. peal Federal laws and regulations when rati- By Mr. SCHUMER: fied by the legislatures of two-thirds of the United States Code, to furnish hospital S. 988. A bill to ensure that local edu- several States; to the Committee on the Ju- care, medical services, and nursing cational agencies and units of local govern- diciary. home care to veterans who were sta- ments are compensated for tax revenues lost f tioned at Camp Lejeune, North Caro- when the Federal Government takes land lina, while the water was contaminated into trust for the benefit of a federally recog- SUBMISSION OF CONCURRENT AND at Camp Lejeune, and for other pur- nized Indian tribe or an individual Indian; to SENATE RESOLUTIONS the Committee on Energy and Natural Re- poses. sources. The following concurrent resolutions S. 296 By Mr. MORAN (for himself and Mr. and Senate resolutions were read, and At the request of Ms. KLOBUCHAR, the INHOFE): referred (or acted upon), as indicated: name of the Senator from Montana S. 989. A bill to amend the Clean Air Act to By Mr. GRAHAM (for himself, Mr. (Mr. TESTER) was added as a cosponsor require the exclusion of data of an exceed- CONRAD, Mr. BURR, Mr. INOUYE, Mr. ance or violation of a national ambient air of S. 296, a bill to amend the Federal BEGICH, Mr. KERRY, and Ms. MUR- quality standard caused by a prescribed fire Food, Drug, and Cosmetic Act to pro- KOWSKI): vide the Food and Drug Administration in the Flint Hills Region, and for other pur- S. Res. 181. A resolution designating May poses; to the Committee on Environment and 15, 2011, as ‘‘National MPS Awareness Day’’; with improved capacity to prevent Public Works. considered and agreed to. drug shortages. By Ms. LANDRIEU: By Mr. SESSIONS (for himself, Mr. S. 351 S. 990. A bill to provide for an additional temporary extension of programs under the SHELBY, Mr. ALEXANDER, Mr. CORKER, At the request of Ms. MURKOWSKI, the Small Business Act and the Small Business Mr. COCHRAN, Mr. WICKER, Mr. name of the Senator from Wyoming Investment Act of 1958, and for other pur- CHAMBLISS, Mr. ISAKSON, Mr. BURR, (Mr. BARRASSO) was added as a cospon- poses; read the first time. and Mrs. HAGAN): sor of S. 351, a bill to authorize the ex- S. Res. 182. A resolution expressing the By Ms. MIKULSKI: ploration, leasing, development, and S. 991. A bill to ensure efficient perform- condolences of the United States to the vic- tims of the devastating tornadoes that production of oil and gas in and from ance of agency functions; to the Committee the western portion of the Coastal on Homeland Security and Governmental Af- touched down in the South in April 2011, fairs. commending the resiliency of the people of Plain of the State of Alaska without By Mrs. BOXER: the affected States, including the people of surface occupancy, and for other pur- S. 992. A bill to amend the Public Health the States of Alabama, Tennessee, Mis- poses. sissippi, Georgia, Virginia, and North Caro- Service Act to establish direct care reg- S. 352 lina, and committing to stand by the people istered nurse-to-patient staffing ratio re- At the request of Ms. MURKOWSKI, the quirements in hospitals, and for other pur- affected in the relief and recovery efforts; poses; to the Committee on Health, Edu- considered and agreed to. name of the Senator from Wyoming cation, Labor, and Pensions. By Ms. MURKOWSKI (for herself, Mrs. (Mr. BARRASSO) was added as a cospon- By Mr. CORNYN: MURRAY, Mr. KERRY, Ms. MIKULSKI, sor of S. 352, a bill to authorize the ex- S. 993. A bill to amend the Internal Rev- Mr. MCCONNELL, Mrs. FEINSTEIN, and ploration, leasing, development, pro- enue Code of 1986 to prevent the extension of Mr. WHITEHOUSE): duction, and economically feasible and the tax collection period merely because the S. Res. 183. A resolution designating May prudent transportation of oil and gas taxpayer is a member of the Armed Forces 14, 2011, as ‘‘National Police Survivors Day’’; in and from the Coastal Plain in Alas- who is hospitalized as a result of combat considered and agreed to. zone injuries; to the Committee on Finance. By Ms. KLOBUCHAR (for herself and ka. By Mr. KIRK (for himself, Mr. MENEN- Mr. FRANKEN): S. 384 DEZ, Mr. LAUTENBERG, and Mr. DUR- S. Res. 184. A resolution recognizing the At the request of Mrs. FEINSTEIN, the BIN): life and service of the Honorable Hubert H. names of the Senator from North Da- S. 994. A bill to amend title 23, United Humphrey, distinguished former Senator kota (Mr. HOEVEN) and the Senator States Code, to protect States that have in from the State of Minnesota and former Vice from Vermont (Mr. SANDERS) were effect laws or orders with respect to pay-to- President of the United States, upon the added as cosponsors of S. 384, a bill to play reform, and for other purposes; to the 100th anniversary of his birth; to the Com- Committee on Environment and Public mittee on the Judiciary. amend title 39, United States Code, to Works. By Mr. MENENDEZ (for himself, Mr. extend the authority of the United By Mr. KIRK: INHOFE, Mr. WYDEN, Mr. BROWN of States Postal Service to issue a S. 995. A bill to amend title 18, United Ohio, Mr. CARDIN, Mr. COATS, Mr. semipostal to raise funds for breast States Code, to prohibit public officials from BARRASSO, Mr. CRAPO, and Mr. KYL): cancer research. engaging in undisclosed self-dealing; to the S. Con. Res. 17. A concurrent resolution ex- S. 425 Committee on the Judiciary. pressing the sense of Congress that Taiwan At the request of Mr. UDALL of Colo- By Mr. ROCKEFELLER (for himself, should be accorded observer status in the Ms. SNOWE, Mr. BINGAMAN, Mr. International Civil Aviation Organization rado, the name of the Senator from LEAHY, Mr. SCHUMER, Mr. KERRY, and (ICAO); to the Committee on Foreign Rela- New York (Mr. SCHUMER) was added as Mr. BROWN of Massachusetts): tions. a cosponsor of S. 425, a bill to amend S. 996. A bill to amend the Internal Rev- f the Public Health Service Act to pro- enue Code of 1986 to extend the new markets vide for the establishment of perma- tax credit through 2016, and for other pur- ADDITIONAL COSPONSORS nent national surveillance systems for poses; to the Committee on Finance. S. 214 By Mr. TESTER: multiple sclerosis, Parkinson’s disease, S. 997. A bill to authorize the Secretary of At the request of Mr. MENENDEZ, the and other neurological diseases and the Interior to extend a water contract be- name of the Senator from Washington disorders.

VerDate Mar 15 2010 02:43 May 13, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.061 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2930 CONGRESSIONAL RECORD — SENATE May 12, 2011 S. 489 Department of Defense on incidents of risdiction of the Environmental Pro- At the request of Mr. REED, the name sexual assault and sexual harassment tection Agency with respect to certain of the Senator from Hawaii (Mr. in the military, and for other purposes. sporting good articles, and to exempt AKAKA) was added as a cosponsor of S. S. 672 those articles from a definition under 489, a bill to require certain mortga- At the request of Mr. ROCKEFELLER, that Act. gees to evaluate loans for modifica- the name of the Senator from Cali- S. 890 tions, to establish a grant program for fornia (Mrs. BOXER) was added as a co- At the request of Mr. LEAHY, the State and local government mediation sponsor of S. 672, a bill to amend the names of the Senator from Minnesota programs, and for other purposes. Internal Revenue Code of 1986 to extend (Ms. KLOBUCHAR) and the Senator from S. 510 and modify the railroad track mainte- Delaware (Mr. COONS) were added as co- At the request of Mr. UDALL of New nance credit. sponsors of S. 890, a bill to establish Mexico, the name of the Senator from S. 696 the supplemental fraud fighting ac- California (Mrs. BOXER) was added as a At the request of Mr. TESTER, the count, and for other purposes. cosponsor of S. 510, a bill to prevent name of the Senator from Kansas (Mr. S. 906 drunk driving injuries and fatalities, MORAN) was added as a cosponsor of S. At the request of Mr. WICKER, the and for other purposes. 696, a bill to amend title 38, United name of the Senator from North Da- S. 543 States Code, to treat Vet Centers as kota (Mr. HOEVEN) was added as a co- At the request of Ms. AYOTTE, her Department of Veterans Affairs facili- sponsor of S. 906, a bill to prohibit tax- name was added as a cosponsor of S. ties for purposes of payments or allow- payer funded abortions and to provide 543, a bill to restrict any State or local ances for beneficiary travel to Depart- for conscience protections, and for jurisdiction from imposing a new dis- ment facilities, and for other purposes. other purposes. criminatory tax on cell phone services, S. 737 S. 931 providers, or property. At the request of Mr. MORAN, the At the request of Mr. SCHUMER, the S. 584 names of the Senator from New Hamp- name of the Senator from Massachu- At the request of Ms. MIKULSKI, the shire (Ms. AYOTTE) and the Senator setts (Mr. KERRY) was added as a co- name of the Senator from Maine (Ms. from Georgia (Mr. ISAKSON) were added sponsor of S. 931, a bill to amend the COLLINS) was added as a cosponsor of S. as cosponsors of S. 737, a bill to replace Internal Revenue Code of 1986 to re- 584, a bill to establish the Social Work the Director of the Bureau of Consumer form the rules relating to fractional Reinvestment Commission to provide Financial Protection with a 5-person charitable donations of tangible per- independent counsel to Congress and Commission, to bring the Bureau into sonal property. the Secretary of Health and Human the regular appropriations process, and S. 939 Services on policy issues associated for other purposes. At the request of Mr. MENENDEZ, the with recruitment, retention, research, S. 742 name of the Senator from Mississippi and reinvestment in the profession of At the request of Mr. BROWN of Ohio, (Mr. WICKER) was added as a cosponsor social work, and for other purposes. the name of the Senator from South of S. 939, a bill to amend the Internal S. 603 Dakota (Mr. JOHNSON) was added as a Revenue Code of 1986 to provide that At the request of Mr. NELSON of Flor- cosponsor of S. 742, a bill to amend the volume cap for private activity ida, the names of the Senator from chapters 83 and 84 of title 5, United bonds shall not apply to bonds for fa- Alabama (Mr. SESSIONS) and the Sen- States Code, to set the age at which cilities for the furnishing of water and ator from Mississippi (Mr. COCHRAN) Members of Congress are eligible for an sewage facilities. were added as cosponsors of S. 603, a annuity to the same age as the retire- S. 940 bill to modify the prohibition on rec- ment age under the Social Security At the request of Mr. MENENDEZ, the ognition by United States courts of Act. name of the Senator from Pennsyl- certain rights relating to certain S. 755 vania (Mr. CASEY) was added as a co- marks, trade names, or commercial At the request of Mr. WYDEN, the sponsor of S. 940, a bill to reduce the names. name of the Senator from New Mexico Federal budget deficit by closing big S. 648 (Mr. BINGAMAN) was added as a cospon- oil tax loopholes, and for other pur- At the request of Mrs. GILLIBRAND, sor of S. 755, a bill to amend the Inter- poses. the name of the Senator from New nal Revenue Code of 1986 to allow an S. 947 York (Mr. SCHUMER) was added as a co- offset against income tax refunds to At the request of Mr. JOHANNS, the sponsor of S. 648, a bill to require the pay for restitution and other State ju- names of the Senator from Georgia Commissioner of Social Security to re- dicial debts that are past-due. (Mr. CHAMBLISS) and the Senator from vise the medical and evaluation cri- S. 781 Tennessee (Mr. CORKER) were added as teria for determining disability in a At the request of Mr. THUNE, the cosponsors of S. 947, a bill to provide person diagnosed with Huntington’s name of the Senator from Mississippi end user exemptions from certain pro- Disease and to waive the 24-month (Mr. COCHRAN) was added as a cospon- visions of the Commodity Exchange waiting period for Medicare eligibility sor of S. 781, a bill to amend the Clean Act and the Securities Exchange Act of for individuals disabled by Hunting- Air Act to conform the definition of re- 1934, and for other purposes. ton’s Disease. newable biomass to the definition S. 950 S. 657 given the term in the Farm Security At the request of Mr. CARDIN, the At the request of Mr. CARDIN, the and Rural Investment Act of 2002. name of the Senator from Maryland name of the Senator from Ohio (Mr. S. 824 (Ms. MIKULSKI) was added as a cospon- BROWN) was added as a cosponsor of S. At the request of Mr. BROWN of Ohio, sor of S. 950, a bill to amend title 23, 657, a bill to encourage, enhance, and the name of the Senator from Vermont United States Code, to repeal a prohibi- integrate Blue Alert plans throughout (Mr. SANDERS) was added as a cospon- tion on allowing States to use toll rev- the United States in order to dissemi- sor of S. 824, a bill to provide for en- enues as State matching funds for Ap- nate information when a law enforce- hanced mortgage-backed and asset- palachian Development Highway ment officer is seriously injured or backed security investor protections, projects. killed in the line of duty. to prevent foreclosure fraud, and for S. 951 S. 658 other purposes. At the request of Mrs. MURRAY, the At the request of Ms. KLOBUCHAR, the S. 838 name of the Senator from Maryland name of the Senator from Michigan At the request of Mr. TESTER, the (Mr. CARDIN) was added as a cosponsor (Ms. STABENOW) was added as a cospon- name of the Senator from Kansas (Mr. of S. 951, a bill to improve the provi- sor of S. 658, a bill to provide for the MORAN) was added as a cosponsor of S. sion of Federal transition, rehabilita- preservation of the Department of De- 838, a bill to amend the Toxic Sub- tion, vocational, and unemployment fense of documentary evidence of the stances Control Act to clarify the ju- benefits to members of the Armed

VerDate Mar 15 2010 02:43 May 13, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.027 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2931 Forces and veterans, and for other pur- SECTION 1. SHORT TITLE. the Federal Government to prevent and re- poses. This Act may be cited as the ‘‘Offshore spond to oil spills. Production and Safety Act of 2011’’. (2) DEEPWATER HORIZON INCIDENT.—As part S. 952 SEC. 2. OIL SPILL RESPONSE AND CONTAINMENT. of the study required under this subsection, At the request of Mr. DURBIN, the the Comptroller General of the United States name of the Senator from Virginia (Mr. (a) RESPONSE PLANS.—The Outer Conti- nental Shelf Lands Act (43 U.S.C. 1331 et shall assess the extent to which the capabili- WARNER) was added as a cosponsor of S. seq.) is amended by inserting after section 9 ties and authorities described in paragraph 952, a bill to authorize the cancellation the following: (1) have been fully used in the response to of removal and adjustment of status of ‘‘SEC. 10. EXPLORATION PLANS. the blowout and explosion of the mobile off- certain alien students who are long- ‘‘(a) IN GENERAL.—Notwithstanding any shore drilling unit Deepwater Horizon that term United States residents and who other provision of this Act, in the case of occurred on April 20, 2010, and resulting hy- entered the United States as children each exploration plan submitted after the drocarbon releases into the environment. and for other purposes. date of enactment of this act, the Secretary (3) REPORT.—Not later than 180 days after the date of enactment of this Act, the Comp- S. 953 shall require the incorporation into the ex- ploration plan of a third-party reviewed re- troller General of the United States shall At the request of Mr. MCCONNELL, submit to Congress a report that describes the names of the Senator from Alaska sponse plan that describes the means and timeline for containment and termination of the results of the study conducted under this (Ms. MURKOWSKI), the Senator from In- an ongoing discharge of oil (other than a de subsection, including any recommendations. diana (Mr. COATS), the Senator from minimis discharge, as determined by the SEC. 3. CONDUCT OF CERTAIN PROPOSED OIL Tennessee (Mr. CORKER), the Senator Secretary) at the depth at which the explo- AND GAS LEASE SALES. from Mississippi (Mr. WICKER), the Sen- ration, development, or production author- (a) DEFINITIONS.—In this section: ator from Tennessee (Mr. ALEXANDER), ized under the exploration plan is to take (1) ENVIRONMENT IMPACT STATEMENT FOR the Senator from Wyoming (Mr. place. THE 2007–2012 5-YEAR OCS PLAN.—The term ‘‘En- vironmental Impact Statement for the 2007- BARRASSO), the Senator from Missouri ‘‘(b) TECHNOLOGICAL FEASIBILITY.—Before 2012 5-Year OCS Plan’’ means the Final Envi- (Mr. BLUNT), the Senator from Ken- determining whether to approve a new explo- ration plan under subsection (a), the Sec- ronmental Impact Statement for the Outer tucky (Mr. PAUL), the Senator from retary shall certify the technological feasi- Continental Shelf Oil and Gas Leasing Pro- Wyoming (Mr. ENZI), the Senator from bility of methods proposed to be used under gram: 2007-2012 prepared by the Secretary Kansas (Mr. ROBERTS), the Senator a response plan described in that paragraph, and dated April 2007. from Nevada (Mr. HELLER), the Senator as demonstrated by the potential lessee (2) MULTI-SALE ENVIRONMENTAL IMPACT from Georgia (Mr. ISAKSON), the Sen- through simulation, demonstration, or other STATEMENT.—The term ‘‘Multi-Sale Environ- ator from Kansas (Mr. MORAN) and the means.’’. mental Impact Statement’’ means the Envi- Senator from Arkansas (Mr. BOOZMAN) (b) PUBLIC/PRIVATE TASK FORCE ON OIL ronmental Impact Statement for Proposed were added as cosponsors of S. 953, a SPILL RESPONSE AND MITIGATION.— OCS Oil and Gas Lease Sales 193, 204, 205, 206, bill to authorize the conduct of certain (1) IN GENERAL.—The Secretary of Energy, 207, 208, 209, 210, 212, 215, and 218, 213, 216, and 222 prepared by the Secretary and dated Sep- lease sales in the Outer Continental acting through the Office of Science of the Department of Energy, shall use available tember 2008. Shelf, to amend the Outer Continental funds in the Ultra-Deepwater and Unconven- (3) SECRETARY.—The term ‘‘Secretary’’ Shelf Lands Act to modify the require- tional Natural Gas and Other Petroleum Re- means the Secretary of the Interior. ments for exploration, and for other search Fund established under section 999H (b) REQUIREMENT TO CONDUCT CERTAIN PRO- purposes. of the Energy Policy Act of 2005 (42 U.S.C. POSED OIL AND GAS LEASE SALES.— At the request of Ms. AYOTTE, her 16378), and such other funds as are necessary, (1) IN GENERAL.—In accordance with sec- name was added as a cosponsor of S. to conduct a study, in collaboration with the tion 8 of the Outer Continental Shelf Lands 953, supra. Office of Fossil Energy of the Department, Act (43 U.S.C. 1337), the Secretary shall con- At the request of Mr. JOHANNS, his on means of improving prevention meth- duct— name was added as a cosponsor of S. odologies and technological responses to oil (A) as soon as practicable, but not later than 120 days, after the date of enactment of 953, supra. spills and mitigating the effects of oil spills on natural habitat. this Act, offshore oil and gas lease sale 216; S. RES. 180 (2) TASK FORCE.—As part of the study re- (B) as soon as practicable, but not later At the request of Mr. RUBIO, the quired under this subsection, the Secretary than 240 days, after the date of enactment of names of the Senator from Kansas (Mr. shall convene a task force composed of rep- this Act, offshore oil and gas lease sale 218; ROBERTS) and the Senator from Mis- resentatives of the private sector, institu- (C) as soon as practicable, but not later sissippi (Mr. WICKER) were added as co- tions of higher education, and the National than 1 year, after the date of enactment of sponsors of S. Res. 180, a resolution ex- Academy of Sciences— this Act, offshore oil and gas lease sale 220; pressing support for peaceful dem- (A) to assess the prevention methodologies (D) as soon as practicable after the date of and technological response to the blowout enactment of this Act, but not later than onstrations and universal freedoms in June 1, 2012, offshore oil and gas lease sale Syria and condemning the human and explosion of the mobile offshore drilling unit Deepwater Horizon that occurred on 222; rights violations by the Assad regime. April 20, 2010, and resulting hydrocarbon re- (E) not later than September 1, 2012, off- At the request of Mr. LIEBERMAN, the leases into the environment; shore oil and gas lease sale 209; and name of the Senator from Nevada (Mr. (B) to assess the adequacy of existing tech- (F) not later than December 31, 2012, off- HELLER) was added as a cosponsor of S. nologies for prevention and responses to deep shore oil and gas lease sale 212. Res. 180, supra. water oil spills; and (2) PROHIBITION ON CONFLICTS WITH MILI- TARY OPERATIONS.—The Secretary shall not f (C) to recommend means of improving pre- vention methodologies and technological re- make any tract available for leasing under STATEMENTS ON INTRODUCED sponses to future oil spills (including drilling paragraph (1)(C) if the President, acting BILLS AND JOINT RESOLUTIONS relief wells) and mitigating the effects of the through the Secretary of Defense, deter- ON MAY 11, 2011 oil spills on natural habitat. mines that drilling activity on the tract (3) REPORT.—Not later than 180 days after would create an unreasonable conflict with By Mr. MCCONNELL: the date of enactment of this Act, the Sec- military operations. S. 953. A bill to authorize the conduct retary shall submit to Congress, the Presi- (3) ENVIRONMENTAL REVIEW.—For the pur- of certain lease sales in the Outer Con- dent, the Secretary of Homeland Security, poses of lease sale 193 and each of the lease tinental Shelf, to amend the Outer the Administrator of the Environmental sales authorized under subparagraphs (A), Continental Shelf Lands Act to modify Protection Agency, the Secretary of the In- (B), (D), (E), and (F) of paragraph (1), the En- the requirements for exploration, and terior, and the Secretary of Defense a report vironmental Impact Statement for the 2007– for other purposes; read the first time. that describes the results of the study con- 2012 5-Year OCS Plan and the Multi-Sale En- Mr. MCCONNELL. Mr. President, I ducted under this subsection, including a vironmental Impact Statement shall be con- ask unanimous consent that the text of recommended standard for technological sidered to satisfy the requirements of the best practices for prevention of and re- National Environmental Policy Act of 1969 the bill be printed in the RECORD. (42 U.S.C. 4321 et seq.). There being no objection, the text of sponses to oil spills, practice drills for emer- gency responses, and any other recommenda- SEC. 4. APPROVAL OR DENIAL OF DRILLING PER- the bill was ordered to be printed in tions. MITS. the RECORD, as follows: (c) STUDY ON FEDERAL RESPONSE TO OIL (a) AMENDMENT.—Section 11 of the Outer S. 953 SPILLS.— Continental Shelf Lands Act (43 U.S.C. 1340) Be it enacted by the Senate and House of Rep- (1) IN GENERAL.—The Comptroller General is amended by striking subsection (d) and in- resentatives of the United States of America in of the United States shall conduct a study of serting the following: Congress assembled, existing capabilities and legal authorities of ‘‘(d) DRILLING PERMITS.—

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‘‘(1) IN GENERAL.—The Secretary shall, by the Secretary does not issue a final decision or to hear and determine any covered civil regulation, require that any lessee operating on the application— action as expeditiously as possible. under an approved exploration plan obtain a (A) before the end of the 30-day period be- (e) STANDARD OF REVIEW.—In any judicial permit— ginning on the date of enactment of this Act, review of a covered civil action— ‘‘(A) before the lessee drills a well in ac- in the case of a covered application sub- (1) administrative findings and conclusions cordance with the plan; and mitted before the date of enactment of this relating to the challenged Federal action or ‘‘(B) before the lessee significantly modi- Act; or decision shall be presumed to be correct; and fies the well design originally approved by (B) before the end of the 30-day period be- (2) the presumption under paragraph (1) the Secretary. ginning on the date on which the application may be rebutted only by the preponderance ‘‘(2) SAFETY REVIEW REQUIRED.—The Sec- is received by the Secretary, in the case of a of the evidence contained in the administra- retary shall not issue a permit under para- covered application submitted on or after tive record. graph (1) until the date on which the Sec- the date of enactment of this Act. (f) LIMITATION ON PROSPECTIVE RELIEF.—In retary determines that the proposed drilling SEC. 5. EXTENSION OF CERTAIN OUTER CONTI- a covered civil action, the court shall not operations meet all— NENTAL SHELF LEASES. grant or approve any prospective relief un- ‘‘(A) critical safety system requirements (a) DEFINITION OF COVERED LEASE.—In this less the court finds that the relief— (including requirements relating to blowout section, the term ‘‘covered lease’’ means (1) is narrowly drawn; prevention); and each oil and gas lease for the Gulf of Mexico (2) extends no further than necessary to ‘‘(B) oil spill response and containment re- outer Continental Shelf region issued under correct the violation of a legal requirement; quirements. section 8 of the Outer Continental Shelf and ‘‘(3) APPROVAL OR DENIAL OF PERMIT.— Lands Act (43 U.S.C. 1337) that— (3) is the least intrusive means necessary ‘‘(A) IN GENERAL.—Subject to subparagraph (1)(A) was not producing as of April 30, to correct that violation. (B), not later than 30 days after the date on 2010; or (g) LIMITATION ON ATTORNEYS’ FEES.— which the Secretary receives an application (B) was suspended from operations, permit (1) IN GENERAL.—Sections 504 of title 5, for a permit under paragraph (1), the Sec- processing, or consideration, in accordance United States Code, and 2412 of title 28, retary shall approve or deny the application. with the moratorium set forth in the Min- United States Code, shall not apply to a cov- ‘‘(B) EXTENSIONS.— erals Management Service Notice to Lessees ered civil action. ‘‘(i) IN GENERAL.—The Secretary may ex- and Operators No. 2010–N04, dated May 30, (2) PROHIBITION.—No party to a covered tend the deadline under subparagraph (A) by 2010, or the decision memorandum of the civil action shall receive payment from the an additional 15 days on not more than 2 oc- Secretary of the Interior entitled ‘‘Decision Federal Government for attorneys’ fees, ex- casions, if the Secretary provides to the ap- memorandum regarding the suspension of penses, or other court costs. plicant prior written notice of the delay in certain offshore permitting and drilling ac- f accordance with clause (ii). tivities on the Outer Continental Shelf’’ and ‘‘(ii) NOTICE REQUIREMENTS.—The written dated July 12, 2010; and STATEMENTS ON INTRODUCED notice required under clause (i) shall— (2) by the terms of the lease, would expire BILLS AND JOINT RESOLUTIONS on or before December 31, 2011. ‘‘(I) be in the form of a letter from the Sec- By Mr. CASEY (for himself, Mr. retary or a designee of the Secretary; and (b) EXTENSION OF COVERED LEASES.—The ‘‘(II) include the names and titles of the Secretary of the Interior shall extend the ISAKSON, Mr. BROWN of Ohio, persons processing the application, the spe- term of a covered lease by 1 year. Mr. BLUNT, Mr. KERRY, Mr. cific reasons for the delay, and the date on (c) EFFECT ON SUSPENSIONS OF OPERATIONS BROWN of Massachusetts, Mr. which a final decision on the application is OR PRODUCTION.—The extension of covered BLUMENTHAL, and Mr. ROB- expected. leases under this section is in addition to ERTS): ‘‘(C) DENIAL.—If the Secretary denies an any suspension of operations or suspension S. 958. A bill to amend the Public application under subparagraph (A), the Sec- of production granted by the Minerals Man- agement Service or Bureau of Ocean Energy Health Service Act to reauthorize the retary shall provide the applicant— program of payments to children’s hos- ‘‘(i) written notice that includes— Management, Regulation and Enforcement ‘‘(I) a clear and comprehensive description after May 1, 2010. pitals that operate graduate medical of the reasons for denying the application; SEC. 6. JUDICIAL REVIEW OF AGENCY ACTIONS education programs; to the Committee and RELATING TO OUTER CONTINENTAL on Health, Education, Labor, and Pen- ‘‘(II) detailed information concerning any SHELF ACTIVITIES IN THE GULF OF sions. MEXICO. deficiencies in the application; and (a) DEFINITIONS.—In this section: Mr. CASEY. Mr. President, today ‘‘(ii) an opportunity— (1) COVERED CIVIL ACTION.—The term ‘‘cov- Senator ISAKSON and I are introducing ‘‘(I) to address the reasons identified under ered civil action’’ means a civil action con- the Children’s Hospital GME Support clause (i)(I); and taining a claim under section 702 of title 5, Reauthorization Act of 2011. Since its ‘‘(II) to remedy the deficiencies identified United States Code, regarding ‘‘agency ac- under clause (i)(II). creation in 1999, this program has pro- tion’’ (as the term is used in that section) af- ‘‘(D) FAILURE TO APPROVE OR DENY APPLICA- vided freestanding children’s hospitals fecting a covered energy project. TION.—If the Secretary has not approved or with funding to support the training of (2) COVERED ENERGY PROJECT.— denied the application by the date that is 60 medical residents. While most hos- (A) IN GENERAL.—The term ‘‘covered en- days after the date on which the application ergy project’’ mean the leasing of Federal pitals receive support through the was received by the Secretary, the applica- land of the outer Continental Shelf (includ- Medicare program, freestanding chil- tion shall be considered to be approved.’’. ing submerged land) for the exploration, de- dren’s hospitals are not eligible for (b) DEADLINE FOR CERTAIN PERMIT APPLICA- velopment, production, processing, or trans- that funding. That is why reauthor- TIONS UNDER EXISTING LEASES.— mission of oil, natural gas, wind, or any izing this program is vital. (1) DEFINITION OF COVERED APPLICATION.—In other source of energy in the Gulf of Mexico, Prior to the enactment of CHGME, this subsection, the term ‘‘covered applica- including any action under such a lease. tion’’ means an application for a permit to the number of residents in children’s (B) EXCLUSIONS.—The term ‘‘covered en- hospitals’ residency programs had de- drill under an oil and gas lease under the ergy project’’ does not include any disputes Outer Continental Shelf Lands Act (43 U.S.C. between the parties to a lease regarding the clined over 13 percent. The enactment 1331 et seq.) in effect on the date of enact- obligations under a lease described in sub- of CHGME has enabled children’s hos- ment of this Act, that— paragraph (A), including regarding any al- pitals to reverse this trend and to in- (A) represents a resubmission of an ap- leged breach of the lease. crease their training by 35 percent. proved permit to drill (including an applica- (b) EXCLUSIVE VENUE FOR CERTAIN CIVIL In Pennsylvania, we have three hos- tion for a permit to sidetrack) that was ap- ACTIONS RELATING TO COVERED ENERGY pitals who participate in this impor- proved by the Secretary before May 27, 2010; PROJECTS IN THE GULF OF MEXICO.—Venue for tant program. This is a critical invest- and any covered civil action shall be in the (B) is received by the Secretary after Octo- United States Court of Appeals for the Fifth ment in our country’s medical future ber 12, 2010, and before the end of the 30-day Circuit, unless there is no proper venue in and guarantees that children will have period beginning on the date of enactment of any court within the United States Court of continuing access to the care they need this Act. Appeals for the Fifth Circuit. across provider settings. Children are (2) IN GENERAL.—Notwithstanding the (c) TIME LIMITATION ON FILING.—A covered not little adults. We must continue to amendment made by subsection (a), a lease civil action shall be barred unless the cov- ensure we have the specialized work- under which a covered application is sub- ered civil action is filed not later than the force to care for them. mitted to the Secretary of the Interior shall end of the 60-day period beginning on the be considered to be in directed suspension date of the final Federal agency action to Perhaps the benefit of this program during the period beginning May 27, 2010, and which the covered civil action relates. is best told in the words of the resi- ending on the date on which the Secretary (d) EXPEDITION IN HEARING AND DETER- dents themselves. Gabriela Marein- issues a final decision on the application, if MINING THE ACTION.—The court shall endeav- Efron is a resident at the Children’s

VerDate Mar 15 2010 02:43 May 13, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.030 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2933 Hospital of Philadelphia. She shared benefits of providing coverage and pay- 30,000 children age out of the foster this story with us. ment for items and services necessary care system—many with no family and ‘‘One of the most powerful experi- to administer IVG in the home; to the nowhere to go. These children were ences I’ve had during my training has Committee on Finance. placed in the foster system at abso- been in my primary care continuity Mr. KERRY. Mr. President, today lutely no fault of their own and too clinic. Many of my patients are now al- along with Senator ALEXANDER I am often they leave the system without a most 3 years old, and I’ve been taking introducing the Medicare IVIG Access place to call home. care of them since they were newborns. Act to help patients with primary im- We have a responsibility to take care My connection to these families, who munodeficiency diseases, PIDD, who of our young people and make sure are often especially vulnerable because currently face a number of health chal- families have the resources they need of barriers such as poverty or language lenges. Today, Medicare beneficiaries to be able to keep a roof over their differences has influenced my ultimate with PIDD already have a Part B ben- heads. I developed this legislation after career choice. In a few months I’ll be- efit for home-based intravenous im- hearing troubling stories from teen- come an Attending Physician at this mune globulin, IVIG, treatment. Unfor- agers in Massachusetts. For example, I urban clinic and continue to take care tunately a gap in coverage exists so no heard from one 15-year-old who has of these underserved families and serve payments are available for the items been in multiple foster care placements as their medical home full-time.’’ and services necessary to administer and is expected to eventually age out Chief Resident Dustin Haferbecker the treatment. of the system. He told me ‘‘. . . I feel had an equally meaningful experience. Treatment in the home is more cost the age 18 is too young, some of us ‘‘My training at CHOP allowed me the effective and also protects the patient don’t always have somewhere to go . . . unique opportunity to discover a need from the risk of exposure to additional if this bill gets passed it will greatly in the community, and ultimately help illnesses in other health care settings. help a lot of people in so many dif- meet that need. During residency, I This is of particular concern to PIDD ferent ways . . . I thank you for giving was exposed to extreme lack of ade- patients, since they already have weak- us the opportunity to help us better quate health care that was available to ened immune systems. A 2007 report ourselves and letting us know that we the large number of refugees that con- from the Department of Health and are heard in this world and someone tinue to pour into the city, brought Human Services, HHS, Office of Inspec- cares deeply and truly about us.’’ That here by our government. Our CHGME tor General and the HHS Assistant is why I am introducing the Recon- funded curriculum made it possible for Secretary for Planning and Evaluation necting Youth to Prevent Homeless- myself and a group of residents to in- found that problems with payment ness Act. This legislation will help en- vestigate this problem, identify sup- exist, namely the absence of coverage sure that regardless of where in the port from within the institution, and for required items and services associ- country a foster child lives, they will establish a clinic dedicated to meeting ated with IVIG home infusion. not face the prospect of becoming a their unique health care needs. A fam- That is why I have worked with my homeless teenager by allowing them to ily of three children that have spent colleague Senator ALEXANDER to intro- remain in care until their 21st birthday their life a refugee camp in Nepal, are duce the Medicare IVIG Access Act to and improving permanency planning. now being treated for their vitamin D create a 3-year demonstration project It provides support for States to deficiency and newly discovered latent to provide for and evaluate the benefits work together to decrease barriers that tuberculosis.’’ of providing a payment for items and prohibit cooperation across State lines Pamela Puthoor is a resident at the services necessary to administer IVIG for placing foster children in loving Children’s Hospital of Pittsburgh. ‘‘I in the home. The bill includes a study homes outside their state of residence. had had almost zero exposure to pedi- to explore issues surrounding IVIG It provides support for programs that atric specialists before coming to Chil- treatment, including the impact of the improve family relationships and re- dren’s,’’ she says. ‘‘I knew that Chil- demonstration project on access to duce homelessness among youth who dren’s Hospital offered a rigorous pri- care, and an analysis of the appro- are lesbian, gay, bisexual, or mary care program and the depth and priateness of new payment method- transgender. This legislation ensures breadth of specialty care, so I would be ology for IVIG treatment in all set- that children in foster care receive So- able to make an educated choice. I tings. cial Security benefits they qualify for have been able to learn from leaders in This legislation is supported by a due to the death of a parent or a dis- their fields, and from that I have de- number of organizations including the ability. cided to go into pediatric gastro- Immune Deficiency Foundation and The bill makes significant improve- enterology.’’ Dr. Puthoor says that the Clinical Immunology Society. I ask ments to the Temporary Assistance to Children’s also encouraged her to pur- all of my colleagues to support this im- Needy Families, TANF, program such sue her interest in public health policy. portant legislation. as enhancing efforts to connect fami- ‘‘Children’s attracts passionate, altru- lies with education, training and hous- istic people devoted to taking care of By Mr. KERRY (for himself, Mrs. ing resources. It also increases the kids. The support and encouragement MURRAY, and Mr. BEGICH): time frame for young parents to qual- we receive is extraordinary,’’ she says. S. 961. A bill to create the income se- ify for TANF benefits if they are in an These residents and the stories they curity conditions and family supports education or training program. Fi- share are a testament of why we must needed to ensure permanency for the nally, it provides more flexibility for continue this program. Nation’s unaccompanied youth, and for states to work with young families to I want to thank Senator ISAKSON for other purposes; to the Committee on become compliant with TANF require- leading this legislation with me. I also Finance. ments. want to thank Senators SHERROD Mr. KERRY. Mr. President, today I This legislation is supported by over BROWN, ROY BLUNT, JOHN KERRY, SCOTT am introducing the Reconnecting 40 organizations, including the Amer- BROWN, RICHARD BLUMENTHAL and PAT Youth to Prevent Homelessness Act to ican Bar Association, the National Co- ROBERTS for signing on as original co- improve training, educational opportu- alition for the Homeless, National Net- sponsors. I look forward to working nities, and permanency planning for work for Youth, and Voice for Adop- with my colleagues to get this legisla- older foster youth and reduce home- tion. I thank my colleagues Senator tion passed this year. lessness among our young people. MURRAY and Senator BEGICH for their This year approximately 3.5 million support and co-sponsorship of this bill. By Mr. KERRY (for himself, Mr. people, including 1.5 million children in It is my hope that we can move for- ALEXANDER, and Mr. WYDEN): the United States will experience ward in a bipartisan manner. I ask all S. 960. A bill to provide for a study on homelessness at some point. That is of my colleagues to support this impor- issues relating to access to intravenous one out of every 50 kids. For children tant legislation. immune globulin (IVG) for Medicare who were in the foster system the beneficiaries in all care settings and a chances of becoming homeless are even By Mr. ALEXANDER (for him- demonstration project to examine the greater. Every year approximately self, Mr. GRAHAM, Mr. DEMINT,

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Persuade them to make in consin, Mr. MCCONNELL, Mr. DeMint, Rand Paul, John Cornyn, Richard the United States what they sell in the BARRASSO, Mr. BURR, Mr. ROB- Lugar, Richard Shelby, Johnny Isakson, United States. I remember I called ERTS, Mr. SESSIONS, Mr. HATCH, James Risch, John Boozman, Mike Lee, Jon Dean Rusk, who had been Secretary of Kyl, David Vitter, Thad Cochran, Tom Mr. ENZI, Mr. CHAMBLISS, Mr. State, and asked him to visit with me. Coburn, Chuck Grassley, Kay Bailey INHOFE, Mr. HELLER, Mr. I talked to him about how to do this. Hutchison. Off I went to Japan, which is not MCCAIN, Mr. WICKER, Mr. John Hoeven, Mike Johanns, Ron Johnson, RUBIO, and Mr. CORKER): Mitch McConnell, John Barrasso, Richard something I planned to do when I was S. 964. A bill to amend the National Burr, Pat Roberts, Jeff Sessions, Orrin walking across Tennessee trying to be Labor Relations Act to clarify the ap- Hatch, Mike Enzi, Saxby Chambliss, Jim the Governor. I met with the Nissan of- plicability of such Act with respect to Inhofe, Dean Heller, John McCain, Roger ficials in Tokyo in the fall of 1979. At States that have right to work laws in Wicker, Marco Rubio, Bob Corker. that time, Japanese companies seemed effect; to the Committee on Health, Mr. ALEXANDER. Mr. President, I so powerful that there were books com- Education, Labor, and Pensions. ask unanimous consent to have printed ing out saying they might take over Mr. ALEXANDER. Mr. President, I in the RECORD at the end of my re- the United States economy, but they have come to the Senate floor today to marks two articles by the Wall Street were not making here what they sold introduce, on behalf of 34 Senators, the Journal, the first written by me on here. They were making Nissan cars Job Protection Act. April 29 and the second written by the and trucks in Japan. They were mak- The Job Protection Act is occasioned president of the Boeing Company, Jim ing a decision about where to locate in by a decision by the acting general McNerney, who is also chairman of our country. I took with me a photo- counsel of the National Labor Rela- President Obama’s Export Council. graph of the United States at night tions Board that filed a complaint to The PRESIDING OFFICER. Without taken from a satellite. They asked: stop the Boeing Company from build- objection, it is so ordered. Where is Tennessee? I said: It is right ing airplanes at a nonunion plant in (See exhibit 1.) in the middle of the lights. That re- South Carolina, suggesting that a Mr. ALEXANDER. Mr. President, duced the shipping and transportation unionized American company cannot now to make a few remarks about the costs. Then the next decision was: expand its operations in 1 of 22 States actions that have caused this. Where in the center did they want to with a right-to-work law. I just left a hearing in the Health, go? Every State north of us did not The right-to-work law protects work- Education, Labor, and Pensions Com- have a right-to-work law. Tennessee ers’ rights to join or not join a union. mittee on the middle class. One of the and the States around us did. Nissan For example, in Tennessee we are a witnesses was the general counsel of chose Tennessee, and they and the Gen- right-to-work State. In the case of a the Boeing Company. As might be ex- eral Motors plant that later came and Saturn employee, where United Auto pected, given the notoriety of this case the Volkswagen plant and thousands of Workers is the bargaining agent, a and the breathtaking scope of it, he got suppliers have helped our middle class worker doesn’t have to join the union a lot of questions. raise incomes over the last 30 years. A or pay dues, but he has to accept the Let me first say why there is such a third of our jobs are auto manufac- UAW as his bargaining agent. breathtaking scope here. Up until the At the Nissan plant a few miles away turing jobs because we provided an en- filing of the complaint, one would as- from the General Motors plant, work- vironment in which automakers can sume that a manufacturing company, ers have three times elected not to compete in the world marketplace. such as Boeing or a smaller company have a union as their bargaining agent. Nissan said today that soon they will that wanted to open a new plant to cre- That is what a right-to-work State is. be making in the United States 85 per- ate new jobs could make its own deci- There are 22 of them. The State of New cent of what they sell in the United sion about where to do that. Then in Hampshire is in the process of deciding States, which makes them a very doing so, it could take into account whether to become the 23rd. Their leg- American company. That is what we islature is of one view, and their Gov- such factors as the cost of labor. It want. But this decision says we throw ernor is of the other view. could take into account such factors as a big wet blanket over all the auto sup- The Job Protection Act, which I in- the labor relations within a State, as pliers and manufacturers who might be troduce today on behalf of 34 Senators, well as the geographical location of the thinking about moving into Tennessee would preserve the Federal law’s cur- State and many other factors. or opening new plants in Tennessee or rent protection of State right-to-work The reason the decision by the acting suppliers who might be wishing to fol- laws in the National Labor Relations general counsel has attracted so much low Boeing to South Carolina because Act and provide necessary clarity to attention is it basically says—or at it says you cannot make that decision. prevent the NLRB from moving for- least it suggests—to any company We have never had that kind of law ward in their case against Boeing or at- manufacturing a product in a State in the United States. We have had a tempting a similar strategy against which is not a right-to-work State, right-to-work law on the books since other companies. such as Washington, that you better 1947. States have a right to adopt it or Specifically, the Job Protection Act think twice before you open a new pro- not to adopt it. The legislation I am of- would, first, explicitly clarify that the duction line in one of the right-to-work fering today on behalf of 34 Senators board cannot order an employer to re- States. does not change that, but it does pre- locate jobs from one location to an- Let me talk for a moment about why serve the right of States to adopt a other; two, it guarantees an employer that has an impact on the middle class right-to-work law, the right of employ- the right to decide where to do busi- in America. Thirty years ago I was ees to join or not to join a union, and ness within the United States; and, Governor of Tennessee. We were the the right of employers to make deci- three, it protects an employer’s free third poorest State. My goal was to sions about where to locate their speech regarding the costs associated raise family incomes and to create an plants and their ability to speak in with having a unionized workforce environment in which they could be public about what they are doing. without fear of such communication raised. I was a young Governor, but I This is a most consequential deci- being used as evidence in an anti-union knew enough to know the government sion. It is one that deserves the atten- discrimination suit. did not raise the incomes but it might tion of every Senator because as the Mr. President, I ask unanimous con- create a good environment for that to Boeing chairman, who is the head of sent to have printed in the RECORD the happen. President Obama’s Export Council,

VerDate Mar 15 2010 03:58 May 13, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.033 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2935 wrote in the Wall Street Journal this stead of having a situation where our It’s happened before. David Halberstam’s week, a union State would not be able largest exporter has 170,000 employees, 1986 book, ‘‘The Reckoning’’—about the de- to attract a manufacturer because a more than 150,000 of which are in the cline of the domestic American auto indus- manufacturer might be afraid that any United States, we will turn that right try—tells the story. Halberstam quotes American Motors President George Romney, expansion could never be done in a upside down and they will be making 85 who criticized the ‘‘shared monopoly’’ con- right-to-work State. By simple mathe- percent of their airplanes in the coun- sisting of the Big Three Detroit auto manu- matics, if Boeing, which is our largest tries where they sell them, and the facturers and the UAW. ‘‘There is nothing exporter—155,000 employees in the United States will have a lot fewer more vulnerable than entrenched success,’’ United States, another 15,000 around jobs. Romney warned. Detroit ignored upstarts the world—has a disincentive or if it This is a consequential matter that I like Nissan who in the 1960s began selling cannot expand a new production line in hope attracts Democratic as well as funny little cars to American consumers. We a right-to-work State and if it might Republican support. It preserves the all know what happened to employment in the Big Three companies. think twice about expanding in any right-to-work law. It preserves the Even when Detroit sought greener pastures other State, then where is it going to choices of employees. It preserves the in a right-to-work state, its ‘‘partnership’’ go? It is going to go to some other decision of corporations to make their with the United Auto Workers could not country. own decisions about where to locate. It compete. In 1985, General Motors located its This decision by the acting general would stop a Federal Government regu- $5 billion Saturn plant in Spring Hill, Tenn., counsel of the National Labor Rela- lation which is the single most effec- 40 miles from Nissan, hoping side-by-side tions Board is the single most impor- tive action I know about to chase competition would help the Americans beat tant action I have seen in years that American jobs overseas and lower fam- the Japanese. After 25 years, nonunion Nis- san operated the most efficient auto plant in would rush American jobs overseas in ily incomes. North America. The Saturn/UAW partner- pursuit of an environment in which EXHIBIT 1 ship never made a profit. GM closed Saturn they can build and manufacture com- [From the Wall Street Journal, Apr. 29, 2011] last year. petitively. It is just the reverse of what THE WHITE HOUSE VS. BOEING: A TENNESSEE Nissan’s success is one reason why Volks- President Carter said to the Governors TALE wagen recently located in Chattanooga, and why Honda, Toyota, BMW, Kia, Mercedes- 30 years ago when he said: Governors, (By Lamar Alexander) go to Japan. Persuade them to make Benz, Hyundai and thousands of suppliers The National Labor Relations Board has have chosen southeastern right-to-work here what they sell here. moved to stop Boeing from building air- We did that. They came here. They states for their plants. Under right-to-work planes at a nonunion plant in South Caro- laws, employees may join unions, but mostly are making 85 percent of what they sell lina, suggesting that a unionized American they have declined. Three times workers at here. We want Volkswagen to do that. company cannot expand its operations into the Nissan plant in Smyrna, Tenn., rejected We want General Motors to do that. We one of the 22 states with right-to-work laws, organizing themselves like Saturn employ- want Ford to do that. We want Boeing which protect a worker’s right to join or not ees a few miles away. to do that. And if we say to them, But join a union. (New Hampshire’s legislature Our goal should be to make it easier and has just approved its becoming the 23rd.) cheaper to create private-sector jobs in this we are going to tell you, the Federal This reminds me of a White House state Government is going to tell you where country. Giving workers the right to join or dinner in February 1979, when I was governor not to join a union helps to create a competi- you have to locate your plants, you are of Tennessee. President Jimmy Carter said, tive environment in which more manufactur- going to override section 14(b) of the ‘‘Governors, go to Japan. Persuade them to ers like Nissan can make here 85% of what Taft-Hartley Act which was passed in make here what they sell here.’’ they sell here. 1947 and which has created an environ- ‘‘Make here what they sell here’’ was then ment which has permitted American the union battle cry, part of an effort to slow [From the Wall Street Journal, May 11, 2011] the tide of Japanese cars and trucks entering BOEING IS PRO-GROWTH, NOT ANTI-UNION manufacturing to succeed. the U.S. market. All one has to do is read David Off I flew to Tokyo to meet with Nissan ex- (By Jim McNerney) Halberstam’s book ‘‘The Reckoning’’ in ecutives who were deciding where to put Deep into the recent recession, Boeing de- the late 1980s to see that if our entire their first U.S. manufacturing plant. I car- cided to invest more than $1 billion in a new auto industry were still locked in De- ried with me a photograph taken at night factory in South Carolina. Surging global de- troit, it would not be as competitive as from a satellite showing the country at mand for our innovative, new 787 Dreamliner it is today—cars made in America. I night with all its lights on. exceeded what we could build on one produc- know that firsthand because I saw it ‘‘Where is Tennessee?’’ the executives tion line and we needed to open another. asked. ‘‘Right in the middle of the lights,’’ I This was good news for Boeing and for the happen when Nissan came to Ten- answered, pointing out that locating a plant economy. The new jetliner assembly plant nessee. They did not hire a bunch of in the population center reduces the cost of would be the first one built in the U.S. in 40 people from Japan to run the plant. transporting cars to customers. That center years. It would create new American jobs at They went to Detroit. They got Ford had migrated south from the Midwest, where a time when most employers are hunkered executives who knew how to run a most U.S. auto plants were, to Kentucky and down. It would expand the domestic foot- plant but were not allowed to by the Tennessee. print of the nation’s leading exporter and environment there, and they put them Then the Japanese examined a second con- make it more competitive against emerging at a start-from-scratch place and cre- sideration: Tennessee has a right-to-work plane makers from China, Russia and else- law and Kentucky does not. This meant that where. And it would bring hope to a state ated the most efficient automobile in Kentucky workers would have to join the burdened by double-digit unemployment— plant in North America. United Auto Workers union. Workers in Ten- with the construction phase alone estimated We welcome also the General Motors nessee had a choice. to create more than 9,000 total jobs. plant and the United Auto Workers to In 1980 Nissan chose Tennessee, a state Eighteen months later, a North Charleston their Spring Hill location in Tennessee. with almost no auto jobs. Today auto assem- swamp has been transformed into a state-of- That is what a right-to-work State is bly plants and suppliers provide one-third of the-art, green-energy powered, 1.2 million where you can choose to join a union our state’s manufacturing jobs. Tennessee is square-foot airplane assembly plant. One or not to join a union. Both can oper- the home for production of the Leaf, Nissan’s thousand new workers are hired and being all-electric vehicle, and the batteries that trained to start building planes in July. ate. Employees make the decision. power it. Recently Nissan announced that It is an American industrial success story But when the Federal Government 85% of the cars and trucks it sells in the U.S. by every measure. With 9% unemployment starts telling any company—a Boeing will be made in the U.S.—making it one of nationwide, we need more of them—and or a Boeing supplier, an auto company the largest ‘‘American’’ auto companies and soon. or an auto supplier or any manufac- nearly fulfilling Mr. Carter’s request of 30 Yet the National Labor Relations Board turing company—you cannot locate in years ago. (NLRB) believes it was a mistake and that a right-to-work State, they probably But now unions want to make it illegal for our actions were unlawful. It claims we im- will not locate in a non-right-to-work a company that has experienced repeated properly transferred existing work, and that State. Where are they likely to go? strikes to move production to a state with a our decision reflected ‘‘animus’’ and con- right-to-work law. What would this mean for stituted ‘‘retaliation’’ against union-rep- Mexico, Europe, Japan. Boeing sells the future of American auto jobs? Jobs resented employees in Washington state. Its airplanes all around the world. It can would flee overseas as manufacturers look remedy: Reverse course, Boeing, and build make airplanes all around the world. If for a competitive environment in which to the assembly line where we tell you to build we persist in policies such as this, in- make and sell cars around the world. it.

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.029 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2936 CONGRESSIONAL RECORD — SENATE May 12, 2011 The NLRB is wrong and has far over- never sought to threaten or punish them for the economic reason(s) for the relocation, reached its authority. Its action is a funda- exercising their rights, as the NLRB claims. shut down, or transfer of existing or future mental assault on the capitalist principles To the contrary, union members are part of work; or that have sustained America’s competitive- our company’s fabric and key to our success. ‘‘(2) as a primary and direct response to ef- ness since it became the world’s largest About 40% of our 155,000 U.S. employees are forts by a labor organization to organize a economy nearly 140 years ago. We’ve made a represented by unions—a ratio unchanged previously unrepresented workplace’’; and rational, legal business decision about the since 2003. (2) by adding at the end the following: allocation of our capital and the placement Nor are we making a mass exodus to right- ‘‘(n) Nothing in this Act shall prevent an of new work within the U.S. We’re confident to-work states that forbid compulsory union employer from choosing where to locate, de- the federal courts will reject the claim, but membership. We have a sizable presence in 34 velop, or expand its business or facilities, or only after a significant and unnecessary ex- states; half are unionized and half are right- require any employer to move, transfer, or pense to taxpayers. to-work. We make decisions on work place- relocate any facility, production line, or em- More worrisome, though, are the potential ment based on business principles—not out ployment opportunity, or require that an implications of such brazen regulatory activ- of emotion or spite. For example, last year employer cease or refrain from doing so, or ism on the U.S. manufacturing base and we added new manufacturing facilities in Il- prevent any employer from closing a facility long-term job creation. The NLRB’s over- linois and Montana. One work force is union- or eliminating any employment opportunity reach could accelerate the overseas flight of represented, the other is not. Both decisions unless the employer has been adjudicated fi- good, middle-class American jobs. made business sense. nally to have unlawfully undertaken such Contrary to the NLRB’s claim, our deci- The world the NLRB wants to create with actions— sion to expand in South Carolina resulted its complaint would effectively prevent all ‘‘(1) without advance notice to the labor from an objective analysis of the same fac- companies from placing new plants in right- organization, if any, representing the bar- tors we use in every site selection. We con- to-work states if they have existing plants in gaining unit of the affected employees, of sidered locations in several states but nar- unionized states. But as an unintended con- the economic reason(s) for the relocation, rowed the choice to either North Charleston sequence, forward-thinking CEOs also would shut down, or transfer of existing or future (where sections of the 787 are built already) be reluctant to place new plants in unionized work; or or Everett, Wash., which won the initial 787 states—lest they be forever restricted from ‘‘(2) as a primary and direct response to ef- assembly line in 2003. placing future plants elsewhere across the forts by a labor organization to organize a Our union contracts expressly permit us to country. previously unrepresented workplace.’’. locate new work at our discretion. However, U.S. tax and regulatory policies already we viewed Everett as an attractive option make it more attractive for many companies By Mr. LEAHY (for himself, Mr. and engaged voluntarily in talks with union to build new manufacturing capacity over- HATCH, Mr. GRASSLEY, Mr. officials to see if we could make the business seas. That’s something the administration SCHUMER, Mrs. FEINSTEIN, Mr. case work. Among the considerations we has said it wants to change and is taking sought were a long-term ‘‘no-strike clause’’ steps is to address. It appears that message WHITEHOUSE, Mr. GRAHAM, Mr. that would ensure production stability for hasn’t made it to the front offices of the KOHL, Mr. COONS, Mr. our customers, and a wage and benefit NLRB. BLUMENTHAL, Ms. KLOBUCHAR, growth trajectory that would help in our Mr. President, I ask unanimous con- and Mr. FRANKEN): cost battle against Airbus and other state- sent that the text of the bill be printed S. 968. A bill to prevent online sponsored competitors. threats to economic creativity and in the RECORD. Despite months of effort, no agreement theft of intellectual property, and for was reached. Union leaders couldn’t meet ex- There being no objection, the text of pectations on our key issues, and we couldn’t the bill was ordered to be printed in other purposes; to the Committee on accept their demands that we remain neutral the RECORD, as follows: the Judiciary. Mr. LEAHY. Mr. President, few in all union-organizing campaigns and essen- S. 964 tially guarantee to build every future Boeing things are more important to the fu- Be it enacted by the Senate and House of Rep- airplane in the Puget Sound area. In October resentatives of the United States of America in ture of the American economy and job 2009, we made the Charleston selection. Congress assembled, creation than protecting our intellec- Important to our case is the basic fact that tual property. At a time where our no existing work is being transferred to SECTION 1. SHORT TITLE. South Carolina, and not a single union mem- This Act may be cited as the ‘‘Job Protec- country is beginning to regain its eco- ber in Washington has been adversely af- tion Act’’. nomic footing, businesses face an addi- fected by this decision. In fact, we’ve since SEC. 2. APPLICATION TO CERTAIN SPEECH, BUSI- tional hurdle, the severity of which is added more than 2,000 union jobs there, and NESS DECISIONS. increasing by the day—digital theft. the hiring continues. The 787 production line (a) UNFAIR LABOR PRACTICES.—Section Copyright infringement and the sale in Everett has a planned capacity of seven 8(a)(3) of the National Labor Relations Act of counterfeit goods are reported to airplanes per month. The line in Charleston (29 U.S.C. 158(a)(3)) is amended by inserting cost American businesses billions of will build three additional airplanes to reach before the semicolon at the end the fol- lowing: ‘‘: Provided further, That an employ- dollars, and result in hundreds of thou- our 10-per-month capacity plan. Production sands of lost jobs. Further, the Insti- of the new U.S. Air Force aerial refueling er’s expression of any views, argument, or tanker will sustain and grow union jobs in opinion related to the costs associated with tute for Policy Innovation estimates Everett, too. collective bargaining, work stoppages, or that copyright piracy online alone Before and after the selection, we spoke strikes, or the dissemination of such views, costs Federal, state and local govern- openly to employees and investors about our arguments, or opinions, whether in written, ments $2.6 billion in tax revenue. In to- competitive realities and the business con- printed, graphic, digital, or visual form, day’s business and fiscal climate, the siderations of the decision. The NLRB now is shall not constitute or be evidence of harm that intellectual property in- antiunion animus or unlawful motive, if such selectively quoting and mischaracterizing fringement causes to the U.S. economy those comments in an attempt to bolster its expression contains no threat of reprisal or case. This is a distressing signal from one force or promise of benefit’’. is unacceptable. arm of the government when others are (b) PREVENTION OF UNFAIR LABOR PRAC- While the growth of the digital mar- pushing for greater openness and trans- TICES.—Section 10 of the National Labor Re- ketplace has been extraordinary, and parency in corporate decision making. lations Act (29 U.S.C. 160) is amended— benefits businesses by enabling new op- It is no secret that over the years Boeing (1) in subsection (a), by inserting after the portunities to reach consumers, it also and union leaders have struggled to find the period at the end the following: ‘‘: Provided brings with it the threat of copyright right way to work together. I don’t blame further, That the Board shall have no power infringement and counterfeiting. Inter- that all on the union, or all on the company. to order any employer to relocate, shut Both sides are working to improve that dy- down, or transfer any existing or planned fa- net purchases have become so common- namic, which is also a top concern for cus- cility or work or employment opportunity, place that consumers are less wary of tomers. Virgin Atlantic founder Richard or prevent any employer from making such online shopping and therefore more Branson put it this way following the 2008 relocations, transfers, or expansions to new easily victimized by online counterfeit machinists’ strike that shut down assembly or existing facilities in the future, or prevent products that may have health, safety for eight weeks: ‘‘If union leaders and man- any employer from closing a facility, not de- or other quality concerns when they agement can’t get their act together to avoid veloping a facility, or eliminating any em- are counterfeit. strikes, we’re not going to come back here ployment opportunity unless and until the Today, I am introducing the bipar- employer has been adjudicated finally to again. We’re already thinking, ‘Would we tisan PROTECT IP Act, which is based ever risk putting another order with Boe- have unlawfully undertaken such actions— ing?’ It’s that serious.’’ ‘‘(1) without advance notice to the labor on last year’s Combating Online In- Despite the ups-and-downs, we hold no ani- organization, if any, representing the bar- fringements and Counterfeits Act. It mus toward union members, and we have gaining unit of the affected employees, of will provide the Justice Department

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.038 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2937 and rights holders with important new ples of packaging or labels of suspected manner that constitutes copyright infringe- tools to crack down on rogue websites counterfeits with the relevant rights ment under section 501 of title 17, United dedicated to infringing activities. This holders to determine whether the ship- States Code; legislation will protect the investment ment should be seized at the border. (ii) violation of section 1201 of title 17, United States Code; or American companies make in devel- Similarly, it ensures that law enforce- (iii) sale, distribution, or promotion of oping brands and creating content and ment can share anti-circumvention de- goods, services, or materials bearing a coun- will protect the jobs associated with vices that have been seized with af- terfeit mark, as that term is defined in sec- those investments. It will also protect fected parties. tion 34(d) of the Lanham Act; or American consumers, who should feel This legislation will provide law en- (B) is designed, operated, or marketed by confident that the goods they purchase forcement and rights holders with an its operator or persons operating in concert are of the type and quality they expect. increased ability to protect American with the operator, and facts or cir- Both law enforcement and rights intellectual property. This will benefit cumstances suggest is used, primarily as a holders are currently limited in the means for engaging in, enabling, or facili- American consumers, American busi- tating the activities described under clauses remedies available to combat websites nesses, and American jobs. We should (i), (ii), or (iii) of subparagraph (A); dedicated to offering infringing con- not expect that enactment of the legis- (8) the term ‘‘Lanham Act’’ means the Act tent and products. These rogue lation will completely solve the prob- entitled ‘‘An Act to provide for the registra- websites are often foreign-owned and lem of online infringement, but it will tion and protection of trademarks used in operated, or reside at domain names make it more difficult for foreign enti- commerce, to carry out the provisions of cer- that are not registered through a U.S.- ties to profit off American hard work tain international conventions, and for other based registry or registrar. American and ingenuity. This bill targets the purposes’’, approved July 5, 1946 (commonly consumers are too often deceived into referred to as the ‘‘Trademark Act of 1946’’ most egregious actors, and is an impor- or the ‘‘Lanham Act’’); thinking the products they are pur- tant first step to putting a stop to on- (9) the term ‘‘nondomestic domain name’’ chasing at these websites are legiti- line piracy and sale of counterfeit means a domain name for which the domain mate because they are easily accessed goods. name registry that issued the domain name through their home’s Internet service Protecting intellectual property is and operates the relevant top level domain, provider, found through well known not uniquely a Democratic or Repub- and the domain name registrar for the do- search engines, and are complete with lican priority it is a bipartisan pri- main name, are not located in the United corporate advertising, credit card ac- ority. I look forward to working with States; ceptance, and advertising links that (10) the term ‘‘owner’’ or ‘‘operator’’ when all Senators to pass this important, bi- used in connection with an Internet site make them appear legitimate. partisan legislation. shall include, respectively, any owner of a The PROTECT IP Act authorizes the Mr. President, I ask unanimous con- majority interest in, or any person with au- Justice Department to file a civil ac- sent that the text of the bill be printed thority to operate, such Internet site; and tion against the registrant or owner of in the RECORD. (11) the term ‘‘qualifying plaintiff’’ a domain name that accesses a foreign There being no objection, the text of means— rogue website, or the foreign-registered the bill was ordered to be printed in (A) the Attorney General of the United domain name itself, and to seek a pre- the RECORD, as follows: States; or liminary order from the court that the (B) an owner of an intellectual property S. 968 right, or one authorized to enforce such site is dedicated to infringing activi- Be it enacted by the Senate and House of Rep- right, harmed by the activities of an Inter- ties. The court is authorized to issue a resentatives of the United States of America in net site dedicated to infringing activities oc- cease and desist order against a rogue Congress assembled, curring on that Internet site. website. If the court issues that order, SECTION 1. SHORT TITLE. SEC. 3. ENHANCING ENFORCEMENT AGAINST the Attorney General is authorized to This Act may be cited as the ‘‘Preventing ROGUE WEBSITES OPERATED AND serve that order, with permission of Real Online Threats to Economic Creativity REGISTERED OVERSEAS. the court, on specified U.S. based third- and Theft of Intellectual Property Act of (a) COMMENCEMENT OF AN ACTION.— parties, including Internet service pro- 2011’’ or the ‘‘PROTECT IP Act of 2011’’. (1) IN PERSONAM.—The Attorney General viders, payment processors, online ad- SEC. 2. DEFINITIONS. may commence an in personam action vertising network providers, and For purposes of this Act— against— (1) the term ‘‘domain name’’ has the same (A) a registrant of a nondomestic domain search engines. These third parties meaning as in section 45 of the Lanham Act name used by an Internet site dedicated to would then be required to take appro- (15 U.S.C. 1127); infringing activities; or priate action to either prevent access (2) the term ‘‘domain name system server’’ (B) an owner or operator of an Internet site to the Internet site, in the case of an means a server or other mechanism used to dedicated to infringing activities accessed Internet service provider or search en- provide the Internet protocol address associ- through a nondomestic domain name. gine, or cease doing business with the ated with a domain name; (2) IN REM.—If through due diligence the Internet site, in the case of a payment (3) the term ‘‘financial transaction pro- Attorney General is unable to find a person processor or advertising network. vider’’ has the same meaning as in section described in subparagraphs (A) or (B) of para- The act authorizes a rights holder 5362(4) of title 31, United States Code; graph (1), or no such person found has an ad- (4) the term ‘‘information location tool’’ dress within a judicial district of the United who is the victim of the infringement has the same meaning as described in sub- States, the Attorney General may commence from a rogue website to bring a similar section (d) of section 512 of title 17, United an in rem action against a nondomestic do- action against the rogue site, whether States Code; main name used by an Internet site dedi- domestic or foreign. If the court issues (5) the term ‘‘Internet advertising service’’ cated to infringing activities. a cease and desist order, the rights means a service that for compensation sells, (b) ORDERS OF THE COURT.— holder is authorized to serve that purchases, brokers, serves, inserts, verifies, (1) IN GENERAL.—On application of the At- order, if authorized by the court, on or clears the placement of an advertisement, torney General following the commencement payment processors and online adver- including a paid or sponsored search result, of an action under this section, the court link, or placement that is rendered in may issue a temporary restraining order, a tising networks, to cut off the financial viewable form for any period of time on an preliminary injunction, or an injunction, in viability of the criminal activity. Internet site; accordance with rule 65 of the Federal Rules The legislation will also encourage (6) the term ‘‘Internet site’’ means the col- of Civil Procedure, against the nondomestic voluntary action by Internet partners lection of digital assets, including links, in- domain name used by an Internet site dedi- that have credible evidence a rogue dexes, or pointers to digital assets, acces- cated to infringing activities, or against a website is threatening the public sible through the Internet that are addressed registrant of such domain name, or the health by trafficking in counterfeit, relative to a common domain name; owner or operator of such Internet site dedi- adulterated, or misbranded prescrip- (7) the term ‘‘Internet site dedicated to in- cated to infringing activities, to cease and tion medication. fringing activities’’ means an Internet site desist from undertaking any further activity Finally, the PROTECT IP Act will that— as an Internet site dedicated to infringing (A) has no significant use other than en- activities, if— help law enforcement identify and pre- gaging in, enabling, or facilitating the— (A) the domain name is used within the vent counterfeit products from being (i) reproduction, distribution, or public United States to access such Internet site; imported into the United States by en- performance of copyrighted works, in com- and suring law enforcement can share sam- plete or substantially complete form, in a (B) the Internet site—

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(i) conducts business directed to residents operator under section 512 of title 17, United (1) IN GENERAL.—In order to compel com- of the United States; and States Code. pliance with this section, the Attorney Gen- (ii) harms holders of United States intel- (ii) TEXT OF NOTICE.—The Attorney General eral may bring an action for injunctive relief lectual property rights. shall prescribe the text of the notice dis- against any party receiving a court order (2) DETERMINATION BY THE COURT.—For pur- played to users or customers of an operator issued pursuant to this section that know- poses of determining whether an Internet taking an action pursuant to this subpara- ingly and willfully fails to comply with such site conducts business directed to residents graph. Such text shall specify that the ac- order. of the United States under paragraph tion is being taken pursuant to a court order (2) RULE OF CONSTRUCTION.—The authority (1)(B)(i), a court may consider, among other obtained by the Attorney General. granted the Attorney General under para- indicia, whether— (B) FINANCIAL TRANSACTION PROVIDERS.—A graph (1) shall be the sole legal remedy for (A) the Internet site is providing goods or financial transaction provider shall take rea- enforcing the obligations under this section services described in section 2(7) to users lo- sonable measures, as expeditiously as rea- of any entity described in subsection (d). cated in the United States; sonable, designed to prevent, prohibit, or (3) DEFENSE.—A defendant in an action (B) there is evidence that the Internet site suspend its service from completing payment under paragraph (1) may establish an affirm- is not intended to provide— transactions involving customers located ative defense by showing that the defendant (i) such goods and services to users located within the United States and the Internet does not have the technical means to comply in the United States; site associated with the domain name set with the subsection without incurring an un- (ii) access to such goods and services to forth in the order. reasonable economic burden, or that the users located in the United States; and (C) INTERNET ADVERTISING SERVICES.—An order is inconsistent with this Act. This (iii) delivery of such goods and services to Internet advertising service that contracts showing shall serve as a defense only to the users located in the United States; with the Internet site associated with the extent of such inability to comply or to the (C) the Internet site has reasonable meas- domain name set forth in the order to pro- extent of such inconsistency. ures in place to prevent such goods and serv- vide advertising to or for that site, or which (f) MODIFICATION OR VACATION OF ORDERS.— ices from being accessed from or delivered to knowingly serves advertising to or for such (1) IN GENERAL.—At any time after the the United States; site, shall take technically feasible and rea- issuance of an order under subsection (b), a (D) the Internet site offers services ob- sonable measures, as expeditiously as rea- motion to modify, suspend, or vacate the tained in the United States; and sonable, designed to— order may be filed by— (E) any prices for goods and services are in- (i) prevent its service from providing ad- (A) any person, or owner or operator of dicated in the currency of the United States. vertisements to the Internet site associated property, bound by the order; (c) NOTICE AND SERVICE OF PROCESS.— with such domain name; or (B) any registrant of the domain name, or (1) IN GENERAL.—Upon commencing an ac- (ii) cease making available advertisements the owner or operator of the Internet site tion under this section, the Attorney Gen- for that site, or paid or sponsored search re- subject to the order; eral shall send a notice of the alleged viola- sults, links or other placements that provide (C) any domain name registrar or registry tion and intent to proceed under this Act to access to the domain name. that has registered or assigned the domain the registrant of the domain name of the (D) INFORMATION LOCATION TOOLS.—An in- name of the Internet site subject to the Internet site— formation location tool shall take tech- order; or (A) at the postal and e-mail address ap- nically feasible and reasonable measures, as (D) any entity that has received a copy of pearing in the applicable publicly accessible expeditiously as possible, to— an order pursuant to subsection (d) requiring database of registrations, if any and to the (i) remove or disable access to the Internet such entity to take action prescribed in that extent such addresses are reasonably avail- site associated with the domain name set subsection. able; forth in the order; or (2) RELIEF.—Relief under this subsection (B) via the postal and e-mail address of the (ii) not serve a hypertext link to such shall be proper if the court finds that— registrar, registry, or other domain name Internet site. (A) the Internet site associated with the registration authority that registered or as- (3) COMMUNICATION WITH USERS.—Except as domain name subject to the order is no signed the domain name, to the extent such provided under paragraph (2)(A)(ii), an entity longer, or never was, an Internet site dedi- addresses are reasonably available; and taking an action described in this subsection cated to infringing activities; or (C) in any other such form as the court shall determine whether and how to commu- (B) the interests of justice require that the finds necessary, including as may be required nicate such action to the entity’s users or order be modified, suspended, or vacated. by Rule 4(f) of the Federal Rules of Civil Pro- customers. (3) CONSIDERATION.—In making a relief de- cedure. (4) RULE OF CONSTRUCTION.—For purposes termination under paragraph (2), a court (2) RULE OF CONSTRUCTION.—For purposes of an action commenced under this section, may consider whether the domain name has of this section, the actions described in this the obligations of an entity described in this expired or has been re-registered by a dif- subsection shall constitute service of proc- subsection shall be limited to the actions set ferent party. ess. out in each paragraph or subparagraph appli- (g) RELATED ACTIONS.—The Attorney Gen- (d) REQUIRED ACTIONS BASED ON COURT OR- cable to such entity, and no order issued pur- eral, if alleging that an Internet site pre- DERS.— suant to this section shall impose any addi- viously adjudicated to be an Internet site (1) SERVICE.—A Federal law enforcement tional obligations on, or require additional dedicated to infringing activities is acces- officer, with the prior approval of the court, actions by, such entity. sible or has been reconstituted at a different may serve a copy of a court order issued pur- (5) ACTIONS PURSUANT TO COURT ORDER.— domain name, may commence a related ac- suant to this section on similarly situated (A) IMMUNITY FROM SUIT.—No cause of ac- tion under this section against the addi- entities within each class described in para- tion shall lie in any Federal or State court tional domain name in the same judicial dis- graph (2). Proof of service shall be filed with or administrative agency against any entity trict as the previous action. the court. receiving a court order issued under this sub- SEC. 4. ELIMINATING THE FINANCIAL INCENTIVE (2) REASONABLE MEASURES.—After being section, or against any director, officer, em- TO STEAL INTELLECTUAL PROP- served with a copy of an order pursuant to ployee, or agent thereof, for any act reason- ERTY ONLINE. this subsection: ably designed to comply with this subsection (a) COMMENCEMENT OF AN ACTION.— (A) OPERATORS.— or reasonably arising from such order, other (1) IN PERSONAM.—A qualifying plaintiff (i) IN GENERAL.—An operator of a non- than in an action pursuant to subsection (e). may commence an in personam action authoritative domain name system server (B) IMMUNITY FROM LIABILITY.—Any entity against— shall take the least burdensome technically receiving an order under this subsection, and (A) a registrant of a domain name used by feasible and reasonable measures designed to any director, officer, employee, or agent an Internet site dedicated to infringing ac- prevent the domain name described in the thereof, shall not be liable to any party for tivities; or order from resolving to that domain name’s any acts reasonably designed to comply with (B) an owner or operator of an Internet site Internet protocol address, except that— this subsection or reasonably arising from dedicated to infringing activities accessed (I) such operator shall not be required— such order, other than in an action pursuant through a domain name. (aa) other than as directed under this sub- to subsection (e), and any actions taken by (2) IN REM.—If through due diligence a paragraph, to modify its network, software, customers of such entity to circumvent any qualifying plaintiff is unable to find a person systems, or facilities; restriction on access to the Internet domain described in subparagraphs (A) or (B) of para- (bb) to take any measures with respect to instituted pursuant to this subsection or any graph (1), or no such person found has an ad- domain name lookups not performed by its act, failure, or inability to restrict access to dress within a judicial district of the United own domain name server or domain name an Internet domain that is the subject of a States, the Attorney General may commence system servers located outside the United court order issued pursuant to this sub- an in rem action against a domain name States; or section despite good faith efforts to do so by used by an Internet site dedicated to infring- (cc) to continue to prevent access to a do- such entity shall not be used by any person ing activities. main name to which access has been effec- in any claim or cause of action against such (b) ORDERS OF THE COURT.— tively disable by other means; and entity, other than in an action pursuant to (1) IN GENERAL.—On application of a quali- (II) nothing in this subparagraph shall af- subsection (e). fying plaintiff following the commencement fect the limitation on the liability of such an (e) ENFORCEMENT OF ORDERS.— of an action under this section, the court

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may issue a temporary restraining order, a suspend its service from completing payment (1) IN GENERAL.—At any time after the preliminary injunction, or an injunction, in transactions involving customers located issuance of an order under subsection (b), a accordance with rule 65 of the Federal Rules within the United States and the Internet motion to modify, suspend, or vacate the of Civil Procedure, against the domain name site associated with the domain name set order may be filed by— used by an Internet site dedicated to infring- forth in the order. (A) any person, or owner or operator of ing activities, or against a registrant of such (B) INTERNET ADVERTISING SERVICES.—An property, bound by the order; domain name, or the owner or operator of Internet advertising service that contracts (B) any registrant of the domain name, or such Internet site dedicated to infringing ac- with the Internet site associated with the the owner or operator of the Internet site tivities, to cease and desist from under- domain name set forth in the order to pro- subject to the order; taking any further activity as an Internet vide advertising to or for that site, or which (C) any domain name registrar or registry site dedicated to infringing activities, if— knowingly serves advertising to or for such that has registered or assigned the domain (A) the domain name is registered or as- site, shall take technically feasible and rea- name of the Internet site subject to the signed by a domain name registrar or do- sonable measures, as expeditiously as rea- order; or main name registry that located or doing sonable, designed to— (D) any entity that has received a copy of business in the United States; or (i) prevent its service from providing ad- an order pursuant to subsection (d) requiring (B)(i) the domain name is used within the vertisements to the Internet site associated such entity to take action prescribed in that United States to access such Internet site; with such domain name; or subsection. and (ii) cease making available advertisements (2) RELIEF.—Relief under this subsection (ii) the Internet site— for that site, or paid or sponsored search re- shall be proper if the court finds that— (I) conducts business directed to residents sults, links, or placements that provide ac- (A) the Internet site associated with the of the United States; and cess to the domain name. domain name subject to the order is no (II) harms holders of United States intel- (3) COMMUNICATION WITH USERS.—An entity longer, or never was, dedicated to infringing lectual property rights. taking an action described in this subsection activities as defined in this Act; or (2) DETERMINATION BY THE COURT.—For pur- shall determine how to communicate such (B) the interests of justice require that the poses of determining whether an Internet action to the entity’s users or customers. order be modified, suspended, or vacated. site conducts business directed to residents (4) RULE OF CONSTRUCTION.—For purposes (3) CONSIDERATION.—In making a relief de- of the United States under paragraph of an action commenced under this section, termination under paragraph (2), a court (1)(B)(ii)(I), a court may consider, among the obligations of an entity described in this may consider whether the domain name has other indicia, whether— subsection shall be limited to the actions set expired or has been re-registered by a dif- (A) the Internet site is providing goods or out in each paragraph or subparagraph appli- ferent party. services described in section 2(7) to users lo- cable to such entity, and no order issued pur- (g) RELATED ACTIONS.—A qualifying plain- cated in the United States; suant to this section shall impose any addi- tiff, if alleging that an Internet site pre- (B) there is evidence that the Internet site tional obligations on, or require additional viously adjudicated to be an Internet site is not intended to provide— actions by, such entity. dedicated to infringing activities is acces- (i) such goods and services to users located (5) ACTIONS PURSUANT TO COURT ORDER.— sible or has been reconstituted at a different in the United States; (A) IMMUNITY FROM SUIT.—No cause of ac- domain name, may commence a related ac- (ii) access to such goods and services to tion shall lie in any Federal or State court tion under this section against the addi- users located in the United States; and or administrative agency against any entity tional domain name in the same judicial dis- (iii) delivery of such goods and services to receiving a court order issued under this sub- trict as the previous action. users located in the United States; section, or against any director, officer, em- (C) the Internet site has reasonable meas- ployee, or agent thereof, for any act reason- SEC. 5. VOLUNTARY ACTION AGAINST WEBSITES ures in place to prevent such goods and serv- ably designed to comply with this subsection STEALING AMERICAN INTELLEC- ices from being accessed from or delivered to or reasonably arising from such order, other TUAL PROPERTY. the United States; than in an action pursuant to subsection (e). (a) IN GENERAL.—No financial transaction (D) the Internet site offers services ob- (B) IMMUNITY FROM LIABILITY.—Any entity provider or Internet advertising service shall tained in the United States; and receiving an order under this subsection, and be liable for damages to any person for vol- (E) any prices for goods and services are in- any director, officer, employee, or agent untarily taking any action described in sec- dicated in the currency of the United States. thereof, shall not be liable to any party for tion 3(d) or 4(d) with regard to an Internet (c) NOTICE AND SERVICE OF PROCESS.— any acts reasonably designed to comply with site if the entity acting in good faith and (1) IN GENERAL.—Upon commencing an ac- this subsection or reasonably arising from based on credible evidence has a reasonable tion under this section, the qualifying plain- such order, other than in an action pursuant belief that the Internet site is an Internet tiff shall send a notice of the alleged viola- to subsection (e), and any actions taken by site dedicated to infringing activities. tion and intent to proceed under this Act to customers of such entity to circumvent any (b) INTERNET SITES ENGAGED IN INFRINGING the registrant of the domain name of the restriction on access to the Internet domain ACTIVITIES THAT ENDANGER THE PUBLIC Internet site— instituted pursuant to this subsection or any HEALTH.— (A) at the postal and e-mail address ap- act, failure, or inability to restrict access to (1) REFUSAL OF SERVICE.—A domain name pearing in the applicable publicly accessible an Internet domain that is the subject of a registry, domain name registrar, financial database of registrations, if any and to the court order issued pursuant to this sub- transaction provider, information location extent such addresses are reasonably avail- section despite good faith efforts to do so by tool, or Internet advertising service, acting able; such entity shall not be used by any person in good faith and based on credible evidence, (B) via the postal and e-mail address of the in any claim or cause of action against such may stop providing or refuse to provide serv- registrar, registry, or other domain name entity, other than in an action pursuant to ices to an infringing Internet site that en- registration authority that registered or as- subsection (e). dangers the public health. signed the domain name, to the extent such (e) ENFORCEMENT OF ORDERS.— (2) IMMUNITY FROM LIABILITY.—An entity addresses are reasonably available; and (1) IN GENERAL.—In order to compel com- described in paragraph (1), including its di- (C) in any other such form as the court pliance with this section, the qualifying rectors, officers, employees, or agents, that finds necessary, including as may be required plaintiff may bring an action for injunctive ceases or refused to provide services under by Rule 4(f) of the Federal Rules of Civil Pro- relief against any party receiving a court paragraph (1) shall not be liable to any party cedure. order issued pursuant to this section that under any Federal or State law for such ac- (2) RULE OF CONSTRUCTION.—For purposes knowingly and willfully fails to comply with tion. of this section, the actions described in this such order. (3) DEFINITIONS.—For purposes of this sub- subsection shall constitute service of proc- (2) RULE OF CONSTRUCTION.—The authority section— ess. granted a qualifying plaintiff under para- (A) the term ‘‘adulterated’’ has the same (d) REQUIRED ACTIONS BASED ON COURT OR- graph (1) shall be the sole legal remedy for meaning as in section 501 of the Federal DERS.— enforcing the obligations under this section Food, Drug, and Cosmetic Act (21 U.S.C. 351); (1) SERVICE.—A qualifying plaintiff, with of any entity described in subsection (d). (B) an ‘‘infringing Internet site that endan- the prior approval of the court, may, serve a (3) DEFENSE.—A defendant in an action gers the public health’’ means— copy of a court order issued pursuant to this commenced under paragraph (1) may estab- (i) an Internet site dedicated to infringing section on similarly situated entities within lish an affirmative defense by showing that activities for which the counterfeit products each class described in paragraph (2). Proof the defendant does not have the technical that it offers, sells, dispenses, or distributes of service shall be filed with the court. means to comply with the subsection with- are controlled or non-controlled prescription (2) REASONABLE MEASURES.—After being out incurring an unreasonable economic bur- medication; or served with a copy of an order pursuant to den, or that the order is inconsistent with (ii) an Internet site that has no significant this subsection: this Act. This showing shall serve as a de- use other than, or is designed, operated, or (A) FINANCIAL TRANSACTION PROVIDERS.—A fense only to the extent of such inability to marketed by its operator or persons oper- financial transaction provider shall take rea- comply or to the extent of such inconsist- ating in concert with the operator, and facts sonable measures, as expeditiously as rea- ency. or circumstances suggest is used, primarily sonable, designed to prevent, prohibit, or (f) MODIFICATION OR VACATION OF ORDERS.— as a means for—

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(II) offering, selling, dispensing, or distrib- Internet processes, including Domain Name There is no question that the legisla- uting any controlled or non-controlled pre- System Security Extensions. scription medication, and does so regularly (C) Recommendations, if any, for modi- tive process can be tedious at times, for medication that is adulterated or mis- fying or amending this Act to increase effec- and often it takes multiple Congresses branded; tiveness or ameliorate any unintended ef- to get things right. We witnessed this (C) the term ‘‘misbranded’’ has the same fects of section 3(d)(2)(A). first hand in the patent reform debate. meaning as in section 502 of the Federal (2) REPORT ON OVERALL EFFECTIVENESS.— It took three Congresses for the Senate Food, Drug, and Cosmetic Act (21 U.S.C. 352); The Register of Copyrights shall, in con- to pass patent reform legislation. I was and sultation with the appropriate departments pleased to be the lead Republican spon- (D) the term ‘‘valid prescription’’ has the and agencies of the United States and other sor of the America Invents Act, S. 23, same meaning as in section 309(e)(2)(A) of stakeholders— which passed the Senate in March by a the Controlled Substances Act (21 U.S.C. (A) conduct a study on— vote of 95 to 5. I can confirm that the 829(e)(2)(A)). (i) the enforcement and effectiveness of this Act; and final Senate-passed bill was a product SEC. 6. SAVINGS CLAUSES. of countless hours of negotiation and (a) RULE OF CONSTRUCTION RELATING TO (ii) the need to modify or amend this Act legislative fine-tuning. While I hope CIVIL AND CRIMINAL REMEDIES.—Nothing in to apply to emerging technologies; and this Act shall be construed to limit or ex- (B) not later than 2 years after the date of the bill before us will not take nearly pand civil or criminal remedies available to enactment of this Act, submit a report to as long, I can confirm that significant any person (including the United States) for the Committee on the Judiciary of the Sen- and positive changes have already oc- infringing activities on the Internet pursu- ate and the Committee on the Judiciary of curred since we introduced the bipar- ant to any other Federal or State law. the House of Representatives on— tisan legislation last year. These (b) RULE OF CONSTRUCTION RELATING TO VI- (i) the results of the study conducted under changes include a narrower definition CARIOUS OR CONTRIBUTORY LIABILITY.—Noth- subparagraph (A); and of the type of Internet sites to which ing in this Act shall be construed to enlarge (ii) any recommendations that the Reg- ister may have as a result of the study. the bill applies, specifically those or diminish vicarious or contributory liabil- ‘‘dedicated to infringing activities;’’ ity for any cause of action available under Mr. HATCH. Mr. President, I rise to authorization for the Attorney General title 17, United States Code, including any express support for S. 968, the Pre- limitations on liability under section 512 of to serve an issued court order on a venting Real Online Threats to Eco- search engine, in addition to payment such title 17, or to create an obligation to nomic Creativity and Theft of Intellec- take action pursuant to section 5 of this Act. processors, advertising networks and tual Property, PROTECT, Act as intro- (c) RELATIONSHIP WITH SECTION 512 OF Internet service providers; authoriza- TITLE 17.—Nothing in this Act, and no order duced by my colleague, Senator LEAHY. tion for both the Attorney General and issued or served pursuant to sections 3 or 4 of Chairman LEAHY and I have worked to- rights holders to bring actions against this Act, shall serve as a basis for deter- gether on the protection of intellectual online infringers operating an Internet mining the application of section 512 of title property rights on a number of occa- site or domain where the site is ‘‘dedi- 17, United States Code. sions over the years and I am pleased cated to infringing activities,’’ but SEC. 7. GUIDELINES AND STUDIES. to partner with him once again on this with remedies limited to eliminating (a) GUIDELINES.—The Attorney General important bill. I also want to recognize shall— the financial viability of the site, not the efforts of Senator GRASSLEY, the blocking access; requirement of plain- (1) publish procedures developed in con- distinguished Ranking Minority Mem- sultation with other relevant law enforce- tiffs to attempt to bring an action ment agencies, including the United States ber of the Senate Judiciary Com- against the owner or registrant of the Immigration and Customs Enforcement, to mittee. He is a valued friend and his domain name used to access an Inter- receive information from the public about support is greatly appreciated as we net site ‘‘dedicated to infringing activi- Internet sites dedicated to infringing activi- move forward. ties’’ before bringing an action against ties; With this legislation, we are sending the domain name itself; protection for (2) provide guidance to intellectual prop- a strong message to those selling or domain name registries, registrars, erty rights holders about what information distributing counterfeit goods online, such rights holders should provide law en- search engines, payment processors, namely that the United States will and advertising networks from dam- forcement agencies to initiate an investiga- strongly protect its intellectual prop- tion pursuant to this Act; ages resulting from their voluntary ac- (3) provide guidance to intellectual prop- erty, IP, rights. Despite what seems to tion against an Internet site ‘‘dedi- erty rights holders about how to supplement be a common assumption, just because cated to infringing activities,’’ where an ongoing investigation initiated pursuant something is available on the Internet that site also ‘‘endangers the public to this Act; does not mean it is free. Fake pharma- health,’’ by offering controlled or non- (4) establish standards for prioritization of ceuticals threaten people’s lives. Sto- controlled prescription medication. actions brought under this Act; len movies, music, and other products It is worth underscoring that the pur- (5) provide appropriate resources and pro- threaten the jobs and livelihoods of pose of the PROTECT IP Act is to take cedures for case management and develop- many people. Every year, these online ment to affect timely disposition of actions down Internet sites dedicated to in- brought under this Act; and thieves are making hundreds of mil- fringing activities, or in other words, (6) develop a deconfliction process in con- lions of dollars by stealing American the most egregious offenders in the sultation with other law enforcement agen- IP, and this undermines legitimate world of online IP theft. Indeed, the cies, including the United States Immigra- commerce. This is why protecting bill authorizes the Department of Jus- tion and Customs Enforcement, to coordi- property rights is a critical imperative tice, DOJ, to file a civil action against nate enforcement activities brought under and is why we have come together to the registrant or owner of a domain this Act. introduce the PROTECT IP Act. name that accesses a foreign infringing (b) REPORTS.— Utah is considered a very popular Internet site, or the foreign-registered (1) REPORT ON EFFECTIVENESS OF CERTAIN State for film and television produc- MEASURES.—Not later than 1 year after the domain name itself. However, DOJ offi- date of enactment of this Act, the Secretary tion activity. Indeed, many American cials must seek approval from a Fed- of Commerce, in coordination with the At- classics have been filmed in my home eral court before taking any action. I torney General, the Secretary of Homeland State. Nothing compares to the red trust that a Federal judge will weigh Security, and the Intellectual Property En- rock of Southern Utah or the sweeping all of the facts carefully before issuing forcement Coordinator, shall conduct a grandeur of the Wasatch Mountains. an order, in accordance with the Fed- study and report to the Committee on the Not to mention Utah’s workforce, eral Rules of Civil Procedure, to shut Judiciary of the Senate and the Committee which is one of the most highly edu- down a Web site dedicated to infringing on the Judiciary of the House of Representa- cated and hardworking in our country. tives on the following: activities. (A) An assessment of the effects, if any, of It is estimated that the motion picture There is no quick fix to this problem. the implementation of section 3(d)(2)(A) on and television industries are respon- But doing nothing is not an option. We the accessibility of Internet sites dedicated sible for thousands of jobs and tens of must explore ways, albeit in incre- to infringing activity. millions of dollars in wages in Utah. mental steps, to take down offending

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.040 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2941 Web sites. For this reason, I believe the Neutrality should guide tax policy restoration of our Nation’s oceans, PROTECT IP Act is a critical step in and administration in the area of dig- coasts, and Great Lakes. our ongoing fight against online piracy ital commerce. Transactions involving Let me begin with a particular and counterfeiting. I am pleased with similar types of goods and services thank-you to our original cosponsors: the progress that we have made so far should be taxed fairly, regardless of the the chairman of the Commerce Com- on this bill and look forward to work- method and means of distribution, mittee, Senator ROCKEFELLER of West ing with my colleagues on further re- whether through electronic transfer or Virginia; the chairman of the Appro- finements as it moves through the leg- through other channels of commerce. priations Committee, Senator INOUYE islative process. To ensure neutrality and avoid mul- of Hawaii; my colleague from the great We must take steps to combat those tiple taxation, rules should be adopted State of Michigan, Senator STABENOW; Web sites that are profiting from sto- to reflect the unique nature of elec- and two colleagues from the Gulf of len American intellectual property. tronic commerce and how digital goods Mexico region, Senator BILL NELSON of and digital services are provided. Florida and Senator LANDRIEU from By Mr. WYDEN (for himself and I am introducing the Digital Goods Louisiana. Mr. THUNE): and Services Tax Fairness Act to es- As any Rhode Islander can tell you, S. 971. A bill to promote neutrality, tablish a framework for when and how the ocean is central to our State’s way simplicity, and fairness in the taxation of life. I tell colleagues that Rhode Is- local governments can tax digital of digital goods and digital services; to land’s coast is one of the most beau- goods and services. The framework put the Committee on Finance. tiful places on Earth. But we don’t call forward in the legislation respects Mr. WYDEN. Mr. President, I rise Rhode Island the Ocean State just be- States’ authority to tax these products today to introduce the Digital Goods cause it is beautiful. We are the Ocean and Services Tax Fairness Act. I am while also fostering innovation and State because from our earliest days pleased to be joined by my colleague growth in this segment of global com- we have relied on the ocean and our be- from South Dakota, Senator THUNE, in merce. loved Narragansett Bay for trade, for introducing this needed legislation. In most cases, this legislation will food, for recreation, and for jobs in the The creation and consumption of use the address of the consumer to de- shipbuilding, shipping, fishing, and downloadable digital goods, like books, termine which jurisdiction has the au- tourism industries. songs, ringtones and video games, and thority to tax a digital purchase, as And we are not alone—across Amer- the provision of digital services, like long as the State has passed a law to ica, our oceans and coasts directly pro- health care monitoring and cloud com- do so and is lawfully able under the vide over $130 billion to our country’s puting, represent a rapidly growing Internet Tax Freedom Act and the Su- gross domestic product, and support 2.3 segment of our national economy. preme Court’s Quill decision. Similar million America jobs. But one impact These goods and services, which are to mobile phones, digital purchases goes far beyond that. supporting a growing number of Amer- should be taxed by the State the con- Our coastal zone areas generate near- ican jobs, are sold over communica- sumer resides, not the State that they ly 50 percent of our Nation’s gross do- tions networks that transcend numer- may have been traveling through while mestic product and support more than ous state and local boundaries. Tax they downloaded the digital product. 28 million jobs. law, not surprisingly, has failed to This legislation would also preclude In part, it is Americans’ love of and keep pace with the rapidly changing discriminatory taxes from being im- reliance on the oceans that drives the technology and economy. The lack of a posed on digital goods and services need now to protect and restore them. national framework addressing how solely because they are transmitted Coastal America is experiencing a huge State and local taxes can be imposed over communication networks. Addi- population boom, leading to more and upon these products has led to a con- tionally, this legislation would ensure more construction that puts signifi- fusing process that will only grow more that if States tax digital goods and cant pressure on our natural coastline burdensome for consumers and the pro- services, they should only be taxed at and our wetlands. viders of digital commerce as new, in- the same rate imposed upon other tan- Worldwide demand for seafood grows novative and emerging technologies be- gible goods taxed under the general at a pace that our fish stocks cannot come available. sales tax. keep pace with, and our demand for en- Since digital goods and services can The Digital Goods and Services Tax ergy leads us ever deeper into the be downloaded in a mobile environ- Fairness Act of 2011 is structured to ocean in search of fuel. ment, there is a significant question as provide discipline, but also certainty to There is an old adage, that nothing to which jurisdiction has the authority States and local governments that focuses the mind like a crisis. If this is true, it must be time to focus on tak- to tax such purchases. In fact, there is wish to tax digital commerce and to ing care of our oceans, because I be- substantial risk that, without a na- the businesses and consumers that are lieve that our oceans are facing what tional framework, multiple States and engaged in this marketplace. Our econ- can be characterized as nothing less localities will claim they have author- omy is changing in a variety of excit- than a crisis. Our oceans are facing an ity to tax the same digital transaction. ing ways. Congress must be responsive array of threats, from marine debris For example, if a consumer is on vaca- to this reality and consider this legis- aggregating in gyres the size of Texas, tion in another State and downloads a lation soon. to whales so full of bio-accumulative song, the State the consumer is vis- toxins that they constitute swimming iting, the State that houses the server By Mr. WHITEHOUSE (for him- hazardous waste. self, Ms. SNOWE, Mr. ROCKE- providing the song, and the consumer’s These are just a few of the headlines home State could all claim the author- FELLER, Mr. NELSON of Florida, from just the past year: ity to tax the purchase. This is not Ms. LANDRIEU, and Ms. This spring, we have watched in hor- only an unfair tax burden on the con- STABENOW): ror as Japan, already suffering from a sumer, but also for the seller that is re- S. 973. A bill to create the National terrible earthquake and tsunami—and sponsible for identifying the jurisdic- Endowment for the Oceans to promote our hearts go out to them—battled to tion on whose behalf it should be col- the protection and conservation of the keep the Fukushima Nuclear Plant in- lecting taxes. Left unchecked, these United States ocean, coastal, and tact. Leaks from the plant have sent multiple taxes could stifle the digital Great Lakes ecosystems, and for other harmful levels of radiation into the commerce and crush a growing indus- purposes; to the Committee on Com- ocean. try that is creating the good jobs that merce, Science, and Transportation. In July of 2010, the Midwest experi- our country needs. Mr. WHITEHOUSE. Mr. President, I enced its largest oil spill ever, after a We can’t let that happen. We need a rise this afternoon to discuss an impor- leaking Michigan pipeline poured oil uniform solution that will modernize tant piece of bipartisan legislation that into the Kalamazoo River and thence our State and local tax system to ap- I am introducing today with my friend into the Great Lakes. propriately address the inherent com- and fellow New Englander, Senator Last June, the journal Science pub- plexities that digital commerce pre- SNOWE, to establish a national endow- lished a literature review by research- sents. ment for the study, conservation, and ers from the University of Queensland

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And it is ing member of the Senate Small Busi- an associated risk of fundamental and irre- time now to provide dedicated funding versible ecological transformation. ness Committee, I am delighted to rise for the study, restoration, and protec- today, on the eve of National Small In my home State of Rhode Island, tion of our Nation’s ocean and coastal Business Week, with Senator the Narragansett Bay has witnessed a resources. LANDRIEU, who is Chair of the Com- 4-degree increase in average annual We need to put the stewardship of mittee, to introduce the Small Busi- winter water temperature, causing our natural resources, our ocean re- what amounts to a full ecosystem ness Tax Equalization and Compliance sources, at the forefront of our na- Act. shift. tional agenda. The National Endow- And of course, in April 2010, we wit- Our bipartisan measure is a pro-small ment for the Oceans, as I said, is bipar- nessed the horrific explosion of the business bill and would allow the salon tisan. I thank Senator OLYMPIA SNOWE Deepwater Horizon, the tragic loss of industry to have the same tax rules on for her leadership in this effort. This life, and the unfolding of the largest tips paid to employees as is permitted legislation is science based, with much environmental disaster our country in the restaurant industry. The legisla- has ever seen. The Gulf of Mexico, and of the money made available through a tion would increase compliance with the people who depend on this eco- competitive grant program. This legis- payroll tax obligations and will make system for their sustenance and liveli- lation is cost effective, coordinating sure that the women who work in the hoods, are still struggling to recover. existing efforts of Federal, local, and salon industry earn all the Social Secu- We are now 13 months beyond the private programs, reducing duplication rity retirement and disability benefits Deepwater Horizon explosion. Lives are of research efforts, and crossing polit- they should be entitled to. It would still shattered; livelihoods reliant on ical borders to ensure that every dollar also help to prevent salons that do not the gulf ecosystem are still threatened. is spent with the greatest possible ef- follow the tax law from gaining a com- But we are within the window of ac- fect. petitive disadvantage against those tion. It is not too late to provide for Finally, this legislation is appro- that do follow the law. Congressman short-term restoration of the gulf coast priately paid for with revenue gen- SAM JOHNSON, R–TX, is leading the to enact legislation that reduces the erated from the Oil Spill Liability charge on a companion bill in the risk of future oilspills, and as my co- Trust Fund, a portion of royalties from House. sponsors and I seek to provide dedi- Outer Continental Shelf energy devel- Clearly this legislation will help all cated funding to study, protect, and re- opment, and fines and damages col- parts of the salon industry, big and store the marine and coastal eco- lected for violations of Federal law off small, men and women. But the reality systems within the United States’ our coastline. Put simply, a small por- is that because 84 percent of the work- boundaries. tion of the revenue we extract from our force in the salon industry is female, The National Endowment for the oceans and great waters will be rein- this issue has special relevance for Oceans is our proposal to meet this last vested to now protect the long-term vi- women. When women work as inde- challenge. The Endowment would make ability of those oceans and great wa- pendent contractors at hair salons, grants available to coastal and Great ters. they are less likely to disclose all of The ocean provides us with great Lakes States, local government agen- their tips for purposes of paying Social bounty, and we will continue to take cies, regional planning bodies, aca- Security taxes. As a result, they reduce advantage of that, as we should. We demic institutions, and nonprofit orga- their future right to earn retirement will fish, we will sail, and we will nizations so these entities could em- and disability benefits in the Social Se- trade. We will dispose of waste. We will bark on projects to learn more about curity system and reduce the size of extract fuel and construct wind farms. and do a better job of protecting our any benefit they do ultimately earn. Navies and cruise ships, sail boats and precious natural resource. Projects Making sure that working women are supertankers will plow the ocean sur- that allow researchers to hire techni- correctly paying into Social Security face. We cannot change how reliant we cians, mechanics, computer scientists is critical to their future retirement are on our ocean. What we can change and students. Projects that put people security because many of these women is what we do in return. to work relocating critical public in- will have had no other retirement ben- We can for the first time give back. frastructure jeopardized by sea level efits available to them. rise. Projects that solve resource man- We can become stewards of our oceans, We know that women are dispropor- agement problems and restore our nat- not just takers but caretakers. The tionately dependent on Social Security ural ecosystems. Projects that protect oceans contain immense potential for for their retirement benefits, a March jobs by restoring commercial fisheries new discoveries, immense potential for 2010 study by the Women for Women’s habitat, and creating new fisheries new jobs, and immense potential for Policy Research showed that women’s gear for sustainable and profitable fish- new solutions to the emerging oceans Social Security benefits in 2008 were ing. crisis. But to meet the demands of this The National Oceanic Atmospheric moment, we must respond to the chal- only about 75 percent of the benefits Administration received $167 million lenges before us. We must heed the earned by men and it comprised about for coastal restoration projects under alarm bells that are ringing from the half of their total retirement income. the Recovery Act. More than 800 pro- arctic seas to our tropic oceans, from By contrast, Social Security benefits posals for shovel-ready construction the top of the food chain to the bot- comprised roughly one-third of men’s and engineering projects came in, to- tom, alarm bells indeed are ringing. retirement income. Earning the right taling $3 billion worth of work. But I urge my colleagues to join Senator to collect a decent Social Security ben- NOAA could only fund 50 of the 800. SNOWE and myself in support of the Na- efit is vital to women. The National Endowment for the tional Endowment for the Oceans. Let As a small business issue, salons are Oceans would help us move forward ours be the generation that tips the in- a quintessential small business on with these projects and others that creasingly troubling balance between Main Streets across America. Accord- protect our oceans and drive our econ- mankind and our oceans a little bit ing to the U.S. Census Bureau, 98 per- omy. As I stand here today, more than back toward the benefit of our oceans cent of salon industry firms have only a year after the beginning of the oil- for the long-term benefit of mankind. one establishment; 92 percent of salon spill in the gulf, and in the face of establishments have sales of less than mounting evidence that our oceans and By Ms. SNOWE (for herself and $500,000; and 82 percent of salon estab- coasts are truly facing a crisis, I under- Ms. LANDRIEU): lishments have fewer than 10 employ- stand the feelings of concern and frus- S. 974. A bill to amend the Internal ees. Extending the tip tax credit to tration. But, again, I believe it is not Revenue Code of 1986 to expand the tip salon owners would allow them to rein- too late. tax credit to employers of cosmetolo- vest in their businesses and employees,

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First, it ping of employees delivering or serving food vider), and each other provision of this sub- would provide to the salon industry or beverages by customers is customary, or part that may be applicable to such com- with the same type of tax credit cur- ‘‘(B) the providing of any cosmetology pensation. rently available in the restaurant in- service for customers or clients at a facility ‘‘(3) CHAIR RENTERS.— dustry. The credit is for employers to licensed to provide such service if the tip- ‘‘(A) IN GENERAL.—In the case of a report- offset the matching Social Security ping of employees providing such service is ing person who receives rent or other fees or and Medicare taxes that the salon pays customary.’’. compensation from 1 or more cosmetologists (b) DEFINITION OF COSMETOLOGY SERVICE.— for use of a chair or for rights to provide any on the tips that employees receive Section 45B of such Code is amended by re- cosmetology service at a salon or other simi- from customers. Next, the bill would designating subsections (c) and (d) as sub- lar facility for more than 5 days in a cal- help to make more even-handed IRS sections (d) and (e), respectively, and by in- endar year, the requirements of this para- enforcement of laws on payroll and in- serting after subsection (b) the following new graph are met if such person— come taxes. Without this legislation it subsection: ‘‘(i) makes a return, according to the forms is often the lopsided practice of the ‘‘(c) COSMETOLOGY SERVICE.—For purposes or regulations prescribed by the Secretary, IRS to seek back taxes from the em- of this section, the term ‘cosmetology serv- setting forth the name, address, and TIN of ice’ means— each such cosmetologist and the amount re- ployer but rarely from the employee or ‘‘(1) hairdressing, ceived from each such cosmetologist, and independent contractor despite the re- ‘‘(2) haircutting, ‘‘(ii) furnishes to each cosmetologist whose quirement that taxes be paid in equal ‘‘(3) manicures and pedicures, name is required to be set forth on such re- measure. ‘‘(4) body waxing, facials, mud packs, turn a written statement showing— The legislation will protect both le- wraps, and other similar skin treatments, ‘‘(I) the name, address, and phone number gitimate independent contractors and and of the information contact of the reporting employees who pay their taxes but ‘‘(5) any other beauty-related service pro- person, vided at a facility at which a majority of the ‘‘(II) the amount received from such cos- frees up IRS resources to focus on metologist, and those bad actors who are not com- services provided (as determined on the basis of gross revenue) are described in paragraphs ‘‘(III) a statement informing such cos- plying with the law. Although non-em- (1) through (4).’’. metologist that (as required by this section), ployer salons comprise 87 percent of es- (c) EFFECTIVE DATE.—The amendments the reporting person has advised the Internal tablishments, their reported sales rep- made by this section shall apply to tips re- Revenue Service that the cosmetologist pro- resent only 36 percent of total salon in- ceived for services performed after December vided cosmetology services during the cal- dustry revenues, implying a significant 31, 2010. endar year to which the statement relates. underreporting of income in the non- SEC. 3. INFORMATION REPORTING AND TAX- ‘‘(B) METHOD AND TIME FOR PROVIDING PAYER EDUCATION FOR PROVIDERS STATEMENT.—The written statement required employer segment. This legislation in- OF COSMETOLOGY SERVICES. by clause (ii) of subparagraph (A) shall be cludes education and reporting require- (a) IN GENERAL.—Subpart B of part III of furnished (either in person or by first-class ments which will help address the ‘‘tax subchapter A of chapter 61 of the Internal mail which includes adequate notice that the gap’’ and reveal a valuable new source Revenue Code of 1986 is amended by inserting statement or information is enclosed) to the of tax revenues for the federal govern- after section 6050W the following new sec- person on or before January 31 of the year ment. This is a win-win-win for the sa- tion: following the calendar year for which the re- lons, for employees, and for the govern- ‘‘SEC. 6050X. RETURNS RELATING TO COSME- turn under clause (i) of subparagraph (A) is TOLOGY SERVICES AND INFORMA- ment. to be made. TION TO BE PROVIDED TO COS- ‘‘(c) TAXPAYER EDUCATION REQUIRE- This bill is supported by the Profes- METOLOGISTS. MENTS.—In the case of a reporting person sional Beauty Association, the largest ‘‘(a) IN GENERAL.—Every person (referred who is required to provide a statement pur- association in the professional beauty to in this section as a ‘reporting person’) suant to subsection (b), the requirements of industry, which is comprised of salon who— this subsection are met if such person pro- and spa owners, manufacturers and dis- ‘‘(1) employs 1 or more cosmetologists to vides to each such cosmetologist annually a provide any cosmetology service, tributors of salon and spa products, publication, as designated by the Secretary, ‘‘(2) rents a chair to 1 or more cosmetolo- describing— and individual licensed cosmetologists. gists to provide any cosmetology service on ‘‘(1) in the case of an employee, the tax and Finally, I want to thank two salon at least 5 calendar days during a calendar tip reporting obligations of employees, and owners who brought this issue to my year, or ‘‘(2) in the case of a cosmetologist who is attention, Alan Labos of Akari Salon ‘‘(3) in connection with its trade or busi- not an employee of the reporting person, the in Portland, ME, Tiffany Conway of bei ness or rental activity, otherwise receives tax obligations of independent contractors or capelli salon in Scarborough, ME. compensation from, or pays compensation proprietorships. In conclusion, I urge my colleagues to, 1 or more cosmetologists for the right to The publications shall be furnished either in provide cosmetology services to, or for cos- person or by first-class mail which includes on both sides of the aisle to support metology services provided to, third-party our bill. adequate notice that the publication is en- patrons, closed. Mr. President, I ask unanimous con- shall comply with the return requirements of ‘‘(d) DEFINITIONS.—For purposes of this sec- sent that the text of the bill be printed subsection (b) and the taxpayer education re- tion— in the RECORD. quirements of subsection (c). ‘‘(1) COSMETOLOGIST.— There being no objection, the text of ‘‘(b) RETURN REQUIREMENTS.—The return ‘‘(A) IN GENERAL.—The term ‘cosmetolo- the bill was ordered to be printed in requirements of this subsection are met by a gist’ means an individual who provides any the RECORD, as follows: reporting person if the requirements of each cosmetology service. of the following paragraphs applicable to ‘‘(B) ANTI-AVOIDANCE RULE.—The Secretary S. 974 such person are met. may by regulation or ruling expand the term Be it enacted by the Senate and House of Rep- ‘‘(1) EMPLOYEES.—In the case of a reporting ‘cosmetologist’ to include any entity or ar- resentatives of the United States of America in person who employs 1 or more cosmetolo- rangement if the Secretary determines that Congress assembled, gists to provide cosmetology services, the re- entities are being formed to circumvent the SECTION 1. SHORT TITLE. quirements of this paragraph are met if such reporting requirements of this section. This Act may be cited as the ‘‘Small Busi- person meets the requirements of sections ‘‘(2) COSMETOLOGY SERVICE.—The term ‘cos- ness Tax Equalization and Compliance Act of 6051 (relating to receipts for employees) and metology service’ has the meaning given to 2011’’. 6053(b) (relating to tip reporting) with re- such term by section 45B(c). SEC. 2. EXPANSION OF CREDIT FOR PORTION OF spect to each such employee. ‘‘(3) CHAIR.—The term ‘chair’ includes a SOCIAL SECURITY TAXES PAID WITH ‘‘(2) INDEPENDENT CONTRACTORS.—In the chair, booth, or other furniture or equipment RESPECT TO EMPLOYEE TIPS. case of a reporting person who pays com- from which an individual provides a cosme- (a) EXPANSION OF CREDIT TO OTHER LINES pensation to 1 or more cosmetologists (other tology service (determined without regard to OF BUSINESS.—Paragraph (2) of section 45B(b) than as employees) for cosmetology services whether the cosmetologist is entitled to use of the Internal Revenue Code of 1986 is provided to third-party patrons, the require- a specific chair, booth, or other similar fur- amended to read as follows: ments of this paragraph are met if such per- niture or equipment or has an exclusive ‘‘(2) APPLICATION ONLY TO CERTAIN LINES OF son meets the applicable requirements of right to use any such chair, booth, or other BUSINESS.—In applying paragraph (1), there section 6041 (relating to returns filed by per- similar furniture or equipment).

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‘‘(e) EXCEPTIONS FOR CERTAIN EMPLOY- Sec. 202. Administration. (20) Kern Mountains (approximately 15,000 EES.—Subsection (c) shall not apply to a re- Sec. 203. State school trust land within wil- acres). porting person with respect to an employee derness areas. (21) King Top (approximately 110,000 acres). who is employed in a capacity for which tip- Sec. 204. Water. (22) Ledger Canyon (approximately 9,000 ping (or sharing tips) is not customary.’’. Sec. 205. Roads. acres). (b) CONFORMING AMENDMENTS.— Sec. 206. Livestock. (23) Little Goose Creek (approximately (1) Section 6724(d)(1)(B) of such Code (relat- Sec. 207. Fish and wildlife. 1,200 acres). ing to the definition of information returns) Sec. 208. Management of newly acquired (24) Middle/Granite Mountains (approxi- is amended by striking ‘‘or’’ at the end of land. mately 80,000 acres). clause (xxiv), by striking ‘‘and’’ at the end of Sec. 209. Withdrawal. (25) Mount Escalante (approximately 18,000 clause (xxv) and inserting ‘‘or’’, and by in- SEC. 2. DEFINITIONS. acres). serting after clause (xxv) the following new In this Act: (26) Mountain Home Range (approximately clause: (1) SECRETARY.—The term ‘‘Secretary’’ 90,000 acres). ‘‘(xvi) section 6050X(a) (relating to returns means the Secretary of the Interior, acting (27) Newfoundland Mountains (approxi- by cosmetology service providers), and’’. through the Bureau of Land Management. mately 22,000 acres). (2) Section 6724(d)(2) of such Code is amend- (2) STATE.—The term ‘‘State’’ means the (28) Ochre Mountain (approximately 13,000 ed by striking ‘‘or’’ at the end of subpara- State of Utah. acres). graph (GG), by striking the period at the end TITLE I—DESIGNATION OF WILDERNESS (29) Oquirrh Mountains (approximately of subparagraph (HH) and inserting ‘‘, or’’, AREAS 9,000 acres). and by inserting after subparagraph (HH) the SEC. 101. GREAT BASIN WILDERNESS AREAS. (30) Painted Rock Mountain (approxi- following new subparagraph: (a) FINDINGS.—Congress finds that— mately 26,000 acres). ‘‘(II) subsections (b)(3)(A)(ii) and (c) of sec- (1) the Great Basin region of western Utah (31) Paradise/Steamboat Mountains (ap- tion 6050X (relating to cosmetology service is comprised of starkly beautiful mountain proximately 144,000 acres). providers) even if the recipient is not a ranges that rise as islands from the desert (32) Pilot Range (approximately 45,000 payee.’’. floor; acres). (3) The table of sections for subpart B of (2) the Wah Wah Mountains in the Great (33) Red Tops (approximately 28,000 acres). part III of subchapter A of chapter 61 of such Basin region are arid and austere, with mas- (34) Rockwell-Little Sahara (approxi- Code is amended by adding after the item re- sive cliff faces and leathery slopes speckled mately 21,000 acres). lating to section 6050W the following new with pin˜ on and juniper; (35) San Francisco Mountains (approxi- item: (3) the Pilot Range and Stansbury Moun- mately 39,000 acres). ‘‘Sec. 6050X. Returns relating to cosme- tains in the Great Basin region are high (36) Sand Ridge (approximately 73,000 tology services and information enough to draw moisture from passing clouds acres). to be provided to cosmetolo- and support ecosystems found nowhere else (37) Simpson Mountains (approximately gists.’’. on earth; 42,000 acres). (c) EFFECTIVE DATE.—The amendments (4) from bristlecone pine, the world’s oldest (38) Snake Valley (approximately 100,000 made by this section shall apply to calendar living organism, to newly-flowered mountain acres). years after 2010. meadows, mountains of the Great Basin re- (39) Spring Creek Canyon (approximately gion are islands of nature that— 4,000 acres). By Mr. DURBIN (for himself, Mr. (A) support remarkable biological diver- (40) Stansbury Island (approximately 10,000 LIEBERMAN, Mr. WHITEHOUSE, sity; and acres). (41) Stansbury Mountains (approximately Mr. CARDIN, and Mr. REED): (B) provide opportunities to experience the S. 979. A bill to designate as wilder- colossal silence of the Great Basin; and 24,000 acres). (5) the Great Basin region of western Utah (42) Thomas Range (approximately 36,000 ness certain Federal portions of the red acres). rock canyons of the Colorado Plateau should be protected and managed to ensure the preservation of the natural conditions of (43) Tule Valley (approximately 159,000 and the Great Basin Deserts in the the region. acres). State of Utah for the benefit of present (b) DESIGNATION.—In accordance with the (44) Wah Wah Mountains (approximately and future generations of people in the Wilderness Act (16 U.S.C. 1131 et seq.), the 167,000 acres). United States; to the Committee on following areas in the State are designated (45) Wasatch/Sevier Plateaus (approxi- Energy and Natural Resources. as wilderness areas and as components of the mately 29,000 acres). Mr. DURBIN. Mr. President, I ask National Wilderness Preservation System: (46) White Rock Range (approximately unanimous consent that the text of the (1) Antelope Range (approximately 17,000 5,200 acres). bill be printed in the RECORD. acres). SEC. 102. GRAND STAIRCASE-ESCALANTE WIL- There being no objection, the text of (2) Barn Hills (approximately 20,000 acres). DERNESS AREAS. the bill was ordered to be printed in (3) Black Hills (approximately 9,000 acres). (a) GRAND STAIRCASE AREA.— (4) Bullgrass Knoll (approximately 15,000 (1) FINDINGS.—Congress finds that— the RECORD, as follows: acres). (A) the area known as the Grand Staircase S. 979 (5) Burbank Hills/Tunnel Spring (approxi- rises more than 6,000 feet in a series of great Be it enacted by the Senate and House of Rep- mately 92,000 acres). cliffs and plateaus from the depths of the resentatives of the United States of America in (6) Conger Mountains (approximately 21,000 Grand Canyon to the forested rim of Bryce Congress assembled, acres). Canyon; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (7) Crater Bench (approximately 35,000 (B) the Grand Staircase— (a) SHORT TITLE.—This Act may be cited as acres). (i) spans 6 major life zones, from the lower the ‘‘America’s Red Rock Wilderness Act of (8) Crater and Silver Island Mountains (ap- Sonoran Desert to the alpine forest; and 2011’’. proximately 121,000 acres). (ii) encompasses geologic formations that (b) TABLE OF CONTENTS.—The table of con- (9) Cricket Mountains Cluster (approxi- display 3,000,000,000 years of Earth’s history; tents of this Act is as follows: mately 62,000 acres). (C) land managed by the Secretary lines Sec. 1. Short title; table of contents. (10) Deep Creek Mountains (approximately the intricate canyon system of the Paria Sec. 2. Definitions. 126,000 acres). River and forms a vital natural corridor con- TITLE I—DESIGNATION OF WILDERNESS (11) Drum Mountains (approximately 39,000 nection to the deserts and forests of those AREAS acres). national parks; Sec. 101. Great Basin Wilderness Areas. (12) Dugway Mountains (approximately (D) land described in paragraph (2) (other Sec. 102. Grand Staircase-Escalante Wilder- 24,000 acres). than East of Bryce, Upper Kanab Creek, ness Areas. (13) Essex Canyon (approximately 1,300 Moquith Mountain, Bunting Point, and Sec. 103. Moab-La Sal Canyons Wilderness acres). Vermillion Cliffs) is located within the Areas. (14) Fish Springs Range (approximately Grand Staircase-Escalante National Monu- Sec. 104. Henry Mountains Wilderness Areas. 64,000 acres). ment; and Sec. 105. Glen Canyon Wilderness Areas. (15) Granite Peak (approximately 19,000 (E) the Grand Staircase in Utah should be Sec. 106. San Juan-Anasazi Wilderness acres). protected and managed as a wilderness area. Areas. (16) Grassy Mountains (approximately (2) DESIGNATION.—In accordance with the Sec. 107. Canyonlands Basin Wilderness 23,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the Areas. (17) Grouse Creek Mountains (approxi- following areas in the State are designated Sec. 108. San Rafael Swell Wilderness Areas. mately 15,000 acres). as wilderness areas and as components of the Sec. 109. Book Cliffs and Uinta Basin Wilder- (18) House Range (approximately 201,000 National Wilderness Preservation System: ness Areas. acres). (A) Bryce View (approximately 4,500 acres). TITLE II—ADMINISTRATIVE PROVISIONS (19) Keg Mountains (approximately 38,000 (B) Bunting Point (approximately 11,000 Sec. 201. General provisions. acres). acres).

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.049 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2945 (C) Canaan Mountain (approximately 16,000 (O) Paradise Canyon-Wahweap (approxi- (7) Fisher Towers (approximately 18,000 acres in Kane County). mately 262,000 acres). acres). (D) Canaan Peak Slopes (approximately (P) Rock Cove (approximately 16,000 acres). (8) Goldbar Canyon (approximately 9,000 2,300 acres). (Q) Warm Creek (approximately 23,000 acres). (E) East of Bryce (approximately 750 acres). (9) Granite Creek (approximately 5,000 acres). (R) Wide Hollow (approximately 6,800 acres). (F) Glass Eye Canyon (approximately 24,000 acres). (10) Mary Jane Canyon (approximately acres). (c) ESCALANTE CANYONS.— 25,000 acres). (G) Ladder Canyon (approximately 14,000 (1) FINDINGS.—Congress finds that— (11) Mill Creek (approximately 14,000 acres). (A) glens and coves carved in massive sand- acres). (H) Moquith Mountain (approximately stone cliffs, spring-watered hanging gardens, (12) Porcupine Rim and Morning Glory (ap- 16,000 acres). and the silence of ancient Anasazi ruins are proximately 20,000 acres). (I) Nephi Point (approximately 14,000 examples of the unique features that entice (13) Renegade Point (approximately 6,600 acres). hikers, campers, and sightseers from around acres). (J) Orderville Canyon (approximately 9,200 the world to Escalante Canyon; (14) Westwater Canyon (approximately acres) (B) Escalante Canyon links the spruce fir 37,000 acres). (K) Paria-Hackberry (approximately 188,000 forests of the 11,000-foot Aquarius Plateau (15) Yellow Bird (approximately 4,200 acres). with winding slickrock canyons that flow acres). into Glen Canyon; (L) Paria Wilderness Expansion (approxi- SEC. 104. HENRY MOUNTAINS WILDERNESS mately 3,300 acres). (C) Escalante Canyon, 1 of Utah’s most AREAS. popular natural areas, contains critical habi- (M) Parunuweap Canyon (approximately (a) FINDINGS.—Congress finds that— 43,000 acres). tat for deer, elk, and wild bighorn sheep that (1) the Henry Mountain Range, the last (N) Pine Hollow (approximately 11,000 also enhances the scenic integrity of the mountain range to be discovered and named area; acres). by early explorers in the contiguous United (D) each of the areas described in para- (O) Slopes of Bryce (approximately 2,600 States, still retains a wild and undiscovered graph (2) is located within the Grand Stair- acres). quality; case-Escalante National Monument; and (P) Timber Mountain (approximately 51,000 (2) fluted badlands that surround the (E) Escalante Canyon should be protected acres). flanks of 11,000-foot Mounts Ellen and Pen- and managed as a wilderness area. (Q) Upper Kanab Creek (approximately nell contain areas of critical habitat for (2) DESIGNATION.—In accordance with the 49,000 acres). mule deer and for the largest herd of free- Wilderness Act (16 U.S.C. 1131 et seq.), the (R) Vermillion Cliffs (approximately 26,000 roaming buffalo in the United States; following areas in the State are designated acres). (3) despite their relative accessibility, the as wilderness areas and as components of the (S) Willis Creek (approximately 21,000 Henry Mountain Range remains 1 of the National Wilderness Preservation System: acres). wildest, least-known ranges in the United (A) Brinkerhof Flats (approximately 3,000 States; and (b) KAIPAROWITS PLATEAU.— acres). (4) the Henry Mountain range should be (1) FINDINGS.—Congress finds that— (B) Colt Mesa (approximately 28,000 acres). protected and managed to ensure the preser- (A) the Kaiparowits Plateau east of the (C) Death Hollow (approximately 49,000 vation of the range as a wilderness area. Paria River is 1 of the most rugged and iso- acres). (b) DESIGNATION.—In accordance with the lated wilderness regions in the United (D) Forty Mile Gulch (approximately 6,600 Wilderness Act (16 U.S.C. 1131 et seq.), the States; acres). following areas in the State are designated (B) the Kaiparowits Plateau, a windswept (E) Hurricane Wash (approximately 9,000 as wilderness areas and as components of the land of harsh beauty, contains distant vistas acres). National Wilderness Preservation System: and a remarkable variety of plant and ani- (F) Lampstand (approximately 7,900 acres). (1) Bull Mountain (approximately 16,000 mal species; (G) Muley Twist Flank (approximately acres). (C) ancient forests, an abundance of big 3,600 acres). (2) Bullfrog Creek (approximately 35,000 game animals, and 22 species of raptors (H) North Escalante Canyons (approxi- acres). thrive undisturbed on the grassland mesa mately 176,000 acres). (3) Dogwater Creek (approximately 3,400 tops of the Kaiparowits Plateau; (I) Pioneer Mesa (approximately 11,000 acres). (D) each of the areas described in para- acres). (4) Fremont Gorge (approximately 20,000 graph (2) (other than Heaps Canyon, Little (J) Scorpion (approximately 53,000 acres). acres). Valley, and Wide Hollow) is located within (K) Sooner Bench (approximately 390 (5) Long Canyon (approximately 16,000 the Grand Staircase-Escalante National acres). acres). Monument; and (L) Steep Creek (approximately 35,000 (6) Mount Ellen-Blue Hills (approximately (E) the Kaiparowits Plateau should be pro- acres). 140,000 acres). tected and managed as a wilderness area. (M) Studhorse Peaks (approximately 24,000 (7) Mount Hillers (approximately 21,000 (2) DESIGNATION.—In accordance with the acres). Wilderness Act (16 U.S.C. 1131 et seq.), the acres). SEC. 103. MOAB-LA SAL CANYONS WILDERNESS (8) Mount Pennell (approximately 147,000 following areas in the State are designated AREAS. acres). as wilderness areas and as components of the (a) FINDINGS.—Congress finds that— National Wilderness Preservation System: (1) the canyons surrounding the La Sal (9) Notom Bench (approximately 6,200 (A) Andalex Not (approximately 18,000 Mountains and the town of Moab offer a vari- acres). acres). ety of extraordinary landscapes; (10) Oak Creek (approximately 1,700 acres). (B) The Blues (approximately 21,000 acres). (2) outstanding examples of natural forma- (11) Ragged Mountain (approximately (C) Box Canyon (approximately 2,800 tions and landscapes in the Moab-La Sal area 28,000 acres). acres). include the huge sandstone fins of Behind SEC. 105. GLEN CANYON WILDERNESS AREAS. (D) Burning Hills (approximately 80,000 the Rocks, the mysterious Fisher Towers, (a) FINDINGS.—Congress finds that— acres). and the whitewater rapids of Westwater Can- (1) the side canyons of Glen Canyon, in- (E) Carcass Canyon (approximately 83,000 yon; and cluding the Dirty Devil River and the Red, acres). (3) the Moab-La Sal area should be pro- White and Blue Canyons, contain some of the (F) The Cockscomb (approximately 11,000 tected and managed as a wilderness area. most remote and outstanding landscapes in acres). (b) DESIGNATION.—In accordance with the southern Utah; (G) Fiftymile Bench (approximately 12,000 Wilderness Act (16 U.S.C. 1131 et seq.), the (2) the Dirty Devil River, once the fortress acres). following areas in the State are designated hideout of outlaw Butch Cassidy’s Wild (H) Fiftymile Mountain (approximately as wilderness areas and as components of the Bunch, has sculpted a maze of slickrock can- 203,000 acres). National Wilderness Preservation System: yons through an imposing landscape of (I) Heaps Canyon (approximately 4,000 (1) Arches Adjacent (approximately 12,000 monoliths and inaccessible mesas; acres). acres). (3) the Red and Blue Canyons contain (J) Horse Spring Canyon (approximately (2) Beaver Creek (approximately 41,000 colorful Chinle/Moenkopi badlands found no- 31,000 acres). acres). where else in the region; and (K) Kodachrome Headlands (approximately (3) Behind the Rocks and Hunters Canyon (4) the canyons of Glen Canyon in the 10,000 acres). (approximately 22,000 acres). State should be protected and managed as (L) Little Valley Canyon (approximately (4) Big Triangle (approximately 20,000 wilderness areas. 4,000 acres). acres). (b) DESIGNATION.—In accordance with the (M) Mud Spring Canyon (approximately (5) Coyote Wash (approximately 28,000 Wilderness Act (16 U.S.C. 1131 et seq.), the 65,000 acres). acres). following areas in the State are designated (N) Nipple Bench (approximately 32,000 (6) Dome Plateau-Professor Valley (ap- as wilderness areas and as components of the acres). proximately 35,000 acres). National Wilderness Preservation System:

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.050 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2946 CONGRESSIONAL RECORD — SENATE May 12, 2011 (1) Cane Spring Desert (approximately cluding Lockhart Basin and Indian Creek; (11) Muddy Creek (approximately 240,000 18,000 acres). and acres). (2) Dark Canyon (approximately 134,000 (5) designation of those areas as wilderness (12) Mussentuchit Badlands (approximately acres). would ensure the protection of this erosional 25,000 acres). (3) Dirty Devil (approximately 242,000 masterpiece of nature and of the rich pock- (13) Pleasant Creek Bench (approximately acres). ets of wildlife found within its expanded 1,100 acres). (4) Fiddler Butte (approximately 92,000 boundaries. (14) Price River-Humbug (approximately acres). (b) DESIGNATION.—In accordance with the 120,000 acres). (5) Flat Tops (approximately 30,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the (15) Red Desert (approximately 40,000 (6) Little Rockies (approximately 64,000 following areas in the State are designated acres). acres). as wilderness areas and as components of the (16) Rock Canyon (approximately 18,000 (7) The Needle (approximately 11,000 acres). National Wilderness Preservation System: acres). (8) Red Rock Plateau (approximately (1) Bridger Jack Mesa (approximately (17) San Rafael Knob (approximately 15,000 213,000 acres). 33,000 acres). acres). (9) White Canyon (approximately 98,000 (2) Butler Wash (approximately 27,000 (18) San Rafael Reef (approximately 114,000 acres). acres). acres). (3) Dead Horse Cliffs (approximately 5,300 SEC. 106. SAN JUAN-ANASAZI WILDERNESS (19) Sids Mountain (approximately 107,000 AREAS. acres). acres). (4) Demon’s Playground (approximately (a) FINDINGS.—Congress finds that— (20) Upper Muddy Creek (approximately 3,700 acres). (1) more than 1,000 years ago, the Anasazi 19,000 acres). (5) Duma Point (approximately 14,000 Indian culture flourished in the slickrock (21) Wild Horse Mesa (approximately 92,000 acres). canyons and on the pin˜ on-covered mesas of acres). (6) Gooseneck (approximately 9,000 acres). southeastern Utah; SEC. 109. BOOK CLIFFS AND UINTA BASIN WIL- (7) Hatch Point Canyons/Lockhart Basin (2) evidence of the ancient presence of the DERNESS AREAS. (approximately 149,000 acres). (a) FINDINGS.—Congress finds that— Anasazi pervades the Cedar Mesa area of the (8) Horsethief Point (approximately 15,000 (1) the Book Cliffs and Uinta Basin wilder- San Juan-Anasazi area where cliff dwellings, acres). ness areas offer— rock art, and ceremonial kivas embellish (9) Indian Creek (approximately 28,000 (A) unique big game hunting opportunities sandstone overhangs and isolated acres). in verdant high-plateau forests; benchlands; (10) Labyrinth Canyon (approximately (B) the opportunity for float trips of sev- (3) the Cedar Mesa area is in need of pro- 150,000 acres). eral days duration down the Green River in tection from the vandalism and theft of its (11) San Rafael River (approximately Desolation Canyon; and unique cultural resources; 101,000 acres). (C) the opportunity for calm water canoe (4) the Cedar Mesa wilderness areas should (12) Shay Mountain (approximately 14,000 weekends on the White River; be created to protect both the archaeological acres). (2) the long rampart of the Book Cliffs heritage and the extraordinary wilderness, (13) Sweetwater Reef (approximately 69,000 bounds the area on the south, while seldom- scenic, and ecological values of the United acres). visited uplands, dissected by the rivers and States; and (14) Upper Horseshoe Canyon (approxi- streams, slope away to the north into the (5) the San Juan-Anasazi area should be mately 60,000 acres). Uinta Basin; protected and managed as a wilderness area SEC. 108. SAN RAFAEL SWELL WILDERNESS (3) bears, Bighorn sheep, cougars, elk, and to ensure the preservation of the unique and AREAS. mule deer flourish in the back country of the valuable resources of that area. (a) FINDINGS.—Congress finds that— Book Cliffs; and (b) DESIGNATION.—In accordance with the (1) the San Rafael Swell towers above the (4) the Book Cliffs and Uinta Basin areas Wilderness Act (16 U.S.C. 1131 et seq.), the desert like a castle, ringed by 1,000-foot ram- should be protected and managed to ensure following areas in the State are designated parts of Navajo Sandstone; the protection of the areas as wilderness. as wilderness areas and as components of the (2) the highlands of the San Rafael Swell (b) DESIGNATION.—In accordance with the National Wilderness Preservation System: have been fractured by uplift and rendered Wilderness Act (16 U.S.C. 1131 et seq.), the (1) Allen Canyon (approximately 5,900 hollow by erosion over countless millennia, following areas in the State are designated acres). leaving a tremendous basin punctuated by as wilderness areas and as components of the (2) Arch Canyon (approximately 30,000 mesas, buttes, and canyons and traversed by National Wilderness Preservation System. acres). sediment-laden desert streams; (1) Bourdette Draw (approximately 15,000 (3) Comb Ridge (approximately 15,000 (3) among other places, the San Rafael wil- acres). acres). derness offers exceptional back country op- (2) Bull Canyon (approximately 2,800 (4) East Montezuma (approximately 45,000 portunities in the colorful Wild Horse Bad- acres). acres). lands, the monoliths of North Caineville (3) Chipeta (approximately 95,000 acres). (5) Fish and Owl Creek Canyons (approxi- Mesa, the rock towers of Cliff Wash, and (4) Dead Horse Pass (approximately 8,000 mately 73,000 acres). colorful cliffs of Humbug Canyon; acres). (6) Grand Gulch (approximately 159,000 (4) the mountains within these areas are (5) Desbrough Canyon (approximately acres). among Utah’s most valuable habitat for 13,000 acres). (7) Hammond Canyon (approximately 4,400 desert bighorn sheep; and (6) Desolation Canyon (approximately acres). (5) the San Rafael Swell area should be 555,000 acres). (8) Nokai Dome (approximately 93,000 protected and managed to ensure its preser- (7) Diamond Breaks (approximately 9,000 acres). vation as a wilderness area. acres). (9) Road Canyon (approximately 63,000 (b) DESIGNATION.—In accordance with the (8) Diamond Canyon (approximately 166,000 acres). Wilderness Act (16 U.S.C. 1131 et seq.), the acres). (10) San Juan River (Sugarloaf) (approxi- following areas in the State are designated (9) Diamond Mountain (also known as mately 15,000 acres). as wilderness areas and as components of the ‘‘Wild Mountain’’) (approximately 27,000 (11) The Tabernacle (approximately 7,000 National Wilderness Preservation System: acres). acres). (1) Cedar Mountain (approximately 15,000 (10) Dinosaur Adjacent (approximately (12) Valley of the Gods (approximately acres). 10,000 acres). 21,000 acres). (2) Devils Canyon (approximately 23,000 (11) Goslin Mountain (approximately 4,900 SEC. 107. CANYONLANDS BASIN WILDERNESS acres). acres). AREAS. (3) Eagle Canyon (approximately 38,000 (12) Hideout Canyon (approximately 12,000 (a) FINDINGS.—Congress finds that— acres). acres). (1) Canyonlands National Park safeguards (4) Factory Butte (approximately 22,000 (13) Lower Bitter Creek (approximately only a small portion of the extraordinary acres). 14,000 acres). red-hued, cliff-walled canyonland region of (5) Hondu Country (approximately 20,000 (14) Lower Flaming Gorge (approximately the Colorado Plateau; acres). 21,000 acres). (2) areas near Arches National Park and (6) Jones Bench (approximately 2,800 (15) Mexico Point (approximately 15,000 Canyonlands National Park contain canyons acres). acres). with rushing perennial streams, natural (7) Limestone Cliffs (approximately 25,000 (16) Moonshine Draw (also known as ‘‘Dan- arches, bridges, and towers; acres). iels Canyon’’) (approximately 10,000 acres). (3) the gorges of the Green and Colorado (8) Lost Spring Wash (approximately 37,000 (17) Mountain Home (approximately 9,000 Rivers lie on adjacent land managed by the acres). acres). Secretary; (9) Mexican Mountain (approximately (18) O-Wi-Yu-Kuts (approximately 13,000 (4) popular overlooks in Canyonlands Na- 100,000 acres). acres). tions Park and Dead Horse Point State Park (10) Molen Reef (approximately 33,000 (19) Red Creek Badlands (approximately have views directly into adjacent areas, in- acres). 3,600 acres).

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.050 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2947 (20) Seep Canyon (approximately 21,000 United States shall take any steps necessary graph from the setbacks required under in acres). to protect the rights reserved by paragraph paragraph (2) or (3) of subsection (a) shall be (21) Sunday School Canyon (approximately (1)(A), including the filing of a claim for the the minimum necessary to exclude the dis- 18,000 acres). quantification of the rights in any present or turbance. (22) Survey Point (approximately 8,000 future appropriate stream adjudication in (c) DELINEATION WITHIN SETBACK AREA.— acres). the courts of the State— The Secretary may delineate a wilderness (23) Turtle Canyon (approximately 39,000 (A) in which the United States is or may be boundary at a location within a setback acres). joined; and under paragraph (2) or (3) of subsection (a) if, (24) White River (approximately 23,000 (B) that is conducted in accordance with as determined by the Secretary, the delinea- acres). section 208 of the Department of Justice Ap- tion would enhance wilderness management (25) Winter Ridge (approximately 38,000 propriation Act, 1953 (66 Stat. 560, chapter goals. acres). 651). SEC. 206. LIVESTOCK. (26) Wolf Point (approximately 15,000 (b) PRIOR RIGHTS NOT AFFECTED.—Nothing Within the wilderness areas designated acres). in this Act relinquishes or reduces any water under title I, the grazing of livestock author- rights reserved or appropriated by the ized on the date of enactment of this Act TITLE II—ADMINISTRATIVE PROVISIONS United States in the State on or before the shall be permitted to continue subject to SEC. 201. GENERAL PROVISIONS. date of enactment of this Act. such reasonable regulations and procedures (a) NAMES OF WILDERNESS AREAS.—Each (c) ADMINISTRATION.— as the Secretary considers necessary, as long wilderness area named in title I shall— (1) SPECIFICATION OF RIGHTS.—The Federal as the regulations and procedures are con- (1) consist of the quantity of land ref- water rights reserved by this Act are specific sistent with— erenced with respect to that named area, as to the wilderness areas designated by this (1) the Wilderness Act (16 U.S.C. 1131 et generally depicted on the map entitled Act. seq.); and ‘‘Utah BLM Wilderness Proposed by S. (2) NO PRECEDENT ESTABLISHED.—Nothing (2) section 101(f) of the Arizona Desert Wil- ølll¿, 112th Congress’’; and in this Act related to reserved Federal water derness Act of 1990 (Public Law 101–628; 104 (2) be known by the name given to it in rights— Stat. 4469). title I. (A) shall establish a precedent with regard SEC. 207. FISH AND WILDLIFE. AP AND DESCRIPTION.— (b) M to any future designation of water rights; or Nothing in this Act affects the jurisdiction (1) IN GENERAL.—As soon as practicable (B) shall affect the interpretation of any of the State with respect to wildlife and fish after the date of enactment of this Act, the other Act or any designation made under on the public land located in the State. Secretary shall file a map and a legal de- any other Act. SEC. 208. MANAGEMENT OF NEWLY ACQUIRED scription of each wilderness area designated SEC. 205. ROADS. LAND. by this Act with— (a) SETBACKS.— Any land within the boundaries of a wil- (A) the Committee on Natural Resources of (1) MEASUREMENT IN GENERAL.—A setback derness area designated under this Act that the House of Representatives; and under this section shall be measured from is acquired by the Federal Government (B) the Committee on Energy and Natural the center line of the road. shall— Resources of the Senate. (2) WILDERNESS ON 1 SIDE OF ROADS.—Ex- (1) become part of the wilderness area in (2) FORCE OF LAW.—A map and legal de- cept as provided in subsection (b), a setback which the land is located; and scription filed under paragraph (1) shall have for a road with wilderness on only 1 side (2) be managed in accordance with this Act the same force and effect as if included in shall be set at— and other laws applicable to wilderness this Act, except that the Secretary may cor- (A) 300 feet from a paved Federal or State areas. rect clerical and typographical errors in the highway; SEC. 209. WITHDRAWAL. map and legal description. (B) 100 feet from any other paved road or Subject to valid rights existing on the date (3) PUBLIC AVAILABILITY.—Each map and high standard dirt or gravel road; and of enactment of this Act, the Federal land legal description filed under paragraph (1) (C) 30 feet from any other road. referred to in title I is withdrawn from all shall be filed and made available for public (3) WILDERNESS ON BOTH SIDES OF ROADS.— forms of— inspection in the Office of the Director of the Except as provided in subsection (b), a set- (1) entry, appropriation, or disposal under Bureau of Land Management. back for a road with wilderness on both sides public law; SEC. 202. ADMINISTRATION. (including cherry-stems or roads separating 2 (2) location, entry, and patent under min- Subject to valid rights in existence on the wilderness units) shall be set at— ing law; and date of enactment of this Act, each wilder- (A) 200 feet from a paved Federal or State (3) disposition under all laws pertaining to ness area designated under this Act shall be highway; mineral and geothermal leasing or mineral administered by the Secretary in accordance (B) 40 feet from any other paved road or materials. with— high standard dirt or gravel road; and (1) the Federal Land Policy and Manage- (C) 10 feet from any other roads. By Mr. LEVIN (for himself and ment Act of 1976 (43 U.S.C. 1701 et seq.); and (b) SETBACK EXCEPTIONS.— Mr. MCCAIN) (by request): (2) the Wilderness Act (16 U.S.C. 1131 et (1) WELL-DEFINED TOPOGRAPHICAL BAR- S. 981. A bill to authorize appropria- seq.). RIERS.—If, between the road and the bound- tions for fiscal year 2012 for military SEC. 203. STATE SCHOOL TRUST LAND WITHIN ary of a setback area described in paragraph activities of the Department of Defense WILDERNESS AREAS. (2) or (3) of subsection (a), there is a well-de- and for military construction, to pre- (a) IN GENERAL.—Subject to subsection (b), fined cliff edge, stream bank, or other topo- if State-owned land is included in an area graphical barrier, the Secretary shall use the scribe military personnel strengths for designated by this Act as a wilderness area, barrier as the wilderness boundary. fiscal year 2012, and for other purposes; the Secretary shall offer to exchange land (2) FENCES.—If, between the road and the to the Committee on Armed Services. owned by the United States in the State of boundary of a setback area specified in para- Mr. LEVIN. Mr. President, Senator approximately equal value in accordance graph (2) or (3) of subsection (a), there is a MCCAIN and I are today introducing, by with section 603(c) of the Federal Land Pol- fence running parallel to a road, the Sec- request, the Obama administration’s icy and Management Act of 1976 (43 U.S.C. retary shall use the fence as the wilderness proposed National Defense Authoriza- 1782(c)) and section 5(a) of the Wilderness Act boundary if, in the opinion of the Secretary, tion Act for fiscal year 2012. As is the (16 U.S.C. 1134(a)). doing so would result in a more manageable case with any bill that is introduced by (b) MINERAL INTERESTS.—The Secretary boundary. request, we introduce this bill for the shall not transfer any mineral interests (3) DEVIATIONS FROM SETBACK AREAS.— under subsection (a) unless the State trans- (A) EXCLUSION OF DISTURBANCES FROM WIL- purpose of placing the Administra- fers to the Secretary any mineral interests DERNESS BOUNDARIES.—In cases where there tion’s proposals before Congress and in land designated by this Act as a wilder- is an existing livestock development, dis- the public without expressing our own ness area. persed camping area, borrow pit, or similar views on the substance of these pro- SEC. 204. WATER. disturbance within 100 feet of a road that posals. As Chairman and Ranking (a) RESERVATION.— forms part of a wilderness boundary, the Sec- Member of the Armed Services Com- (1) WATER FOR WILDERNESS AREAS.— retary may delineate the boundary so as to mittee, we look forward to giving the (A) IN GENERAL.—With respect to each wil- exclude the disturbance from the wilderness Administration’s requested legislation derness area designated by this Act, Con- area. our most careful review and thoughtful gress reserves a quantity of water deter- (B) LIMITATION ON EXCLUSION OF DISTURB- consideration. mined by the Secretary to be sufficient for ANCES.—The Secretary shall make a bound- the wilderness area. ary adjustment under subparagraph (A) only By Ms. AYOTTE (for herself, Mr. (B) PRIORITY DATE.—The priority date of a if the Secretary determines that doing so is right reserved under subparagraph (A) shall consistent with wilderness management GRAHAM, Mr. LIEBERMAN, Mr. be the date of enactment of this Act. goals. CHAMBLISS, Mr. BROWN of Mas- (2) PROTECTION OF RIGHTS.—The Secretary (C) DEVIATIONS RESTRICTED TO MINIMUM sachusetts, Mr. RUBIO, and Mr. and other officers and employees of the NECESSARY.—Any deviation under this para- WEBB):

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.050 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2948 CONGRESSIONAL RECORD — SENATE May 12, 2011 S. 982. A bill to reaffirm the author- the Secretary of Defense confirmed that ap- for any other department or agency of the ity of the Department of Defense to proximately 25 percent of detainees released United States Government,’’; and maintain United States Naval Station, from the detention facility at United States (B) in subsection (c), by striking ‘‘as of Oc- Guantanamo Bay, Cuba, as a location Naval Station, Guantanamo Bay are con- tober 1, 2009,’’ and inserting ‘‘as of or after firmed to have reengaged in hostilities or are October 1, 2009,’’. for the detention of unprivileged suspected of having reengaged in hostilities (d) SUPERSEDURE OF EXECUTIVE ORDER.— enemy belligerents held by the Depart- against the United States or our allies. Sections 3, 4(c)(2), 4(c)(3), 4(c)(5), and 7 of Ex- ment of Defense, and for other pur- (7) Al Qaeda in the Arabian Peninsula, an ecutive Order No. 13492, dated January 22, poses; to the Committee on Armed organization that includes former detainees 2009, shall have no further force or effect. Services. at United States Naval Station, Guantanamo Ms. AYOTTE. Mr. President, I ask Bay among its leadership and ranks, has By Mr. HARKIN (for himself, Ms. unanimous consent that the text of the claimed responsibility for several of the re- MIKULSKI, Mrs. MURRAY, Mr. cent plots and attacks against the United bill be printed in the RECORD. SANDERS, Mr. CASEY, Mr. There being no objection, the text of States. MERKLEY, Mr. FRANKEN, Mr. (8) Detention according to the law of war is WHITEHOUSE, Mr. BLUMENTHAL, the bill was ordered to be printed in a matter of national security and military the RECORD, as follows: necessity and has long been recognized as le- Mr. INOUYE, Mr. LEVIN, Mr. S. 982 gitimate under international law. KERRY, Mr. AKAKA, Mr. DURBIN, Be it enacted by the Senate and House of Rep- (9) Detaining unprivileged enemy belliger- Mr. SCHUMER, Mr. LAUTENBERG, resentatives of the United States of America in ents prevents them from returning to the Mr. BROWN of Ohio, and Mrs. Congress assembled, battlefield to attack United States and al- GILLIBRAND): SECTION 1. SHORT TITLE. lied military personnel and engaging in fu- S. 984. A bill to allow Americans to This Act may be cited as the ‘‘Detaining ture terrorist attacks against innocent civil- earn paid sick time so that they can Terrorists to Secure America Act of 2011.’’ ians. address their own health needs and the SEC. 2. FINDINGS. (10) The Joint Task Force-Guantanamo health needs of their families; to the Congress makes the following finding: provides for the humane, legal, and trans- parent care and custody of detainees at Committee on Health, Education, (1) The United States and its international Labor, and Pensions. partners are in an armed conflict with vio- United States Naval Station, Guantanamo lent Islamist extremist groups, including al Bay, notwithstanding regular assaults on the Mr. HARKIN. Mr. President, last Qaeda and associated terrorist organizations, guard force by some detainees. weekend we observed Mother’s Day and that are committed to killing Americans and (11) The International Committee of the celebrated our families. When we re- our allies. Red Cross visits detainees at United States flect on our own mothers, many of us (2) In the last 2 years, terrorists have re- Naval Station, Guantanamo Bay on a quar- think about the woman who nursed us peatedly attempted to kill Americans both terly basis. when we were sick, took us to the doc- here at home and abroad, including the fol- (12) The detention facility at United States Naval Station, Guantanamo Bay benefits tor for checkups, and cared for our lowing attacks, plots, or alleged plots and grandparents as they aged, while at the attacks: from robust oversight by Congress. (A) A September 2009 plot by Najibullah SEC. 3. REAFFIRMATION OF AUTHORITY TO same time working to put food on the Zazi—who received training from al Qaeda in MAINTAIN UNITED STATES NAVAL table. Pakistan—to conduct a suicide bomb attack STATION, GUANTANAMO BAY, CUBA, These balancing acts are hard AS A LOCATION FOR THE DETEN- on the New York, New York, subway system. TION OF UNPRIVILEGED ENEMY enough. But for many moms, and dads, (B) A November 2009 attack by Nidal Malik BELLIGERENTS HELD BY THE DE- across the country, juggling all these Hasan at Fort Hood, Texas, that killed 13 PARTMENT OF DEFENSE. roles means making impossible people and wounded 32. (a) REAFFIRMATION OF AUTHORITY AS LOCA- choices. This is especially true for peo- (C) A Christmas Day 2009 attempt by Umar TION FOR DETENTION OF UNPRIVILEGED ENEMY ple who do not have the basic right of Farouk Abdulmutallab to detonate a bomb BELLIGERENTS.—United States Naval Sta- paid sick days. For these workers, sewn into his underwear on an international tion, Guantanamo Bay, Cuba, is and shall be flight to Detroit, Michigan. a location for the detention of individuals in missing work due to an illness, injury, (D) A May 2010 attempt by Faisal Shahzad the custody or under the control of the De- or doctor’s appointment can mean put- to bomb Times Square in New York, New partment of Defense who have engaged in, or ting their job and their family’s finan- York, on a crowded Saturday evening, an at- supported, hostilities against the United cial security in jeopardy. So they are tack that was unsuccessful only because the States or its coalition partners on behalf of forced to choose between the jobs they car bomb failed to detonate. al Qaeda, the Taliban, or an affiliated group need and the families they love. In (E) An October 2010 attempt by terrorists to which the Authorization for Use of Mili- these difficult economic times, no one in Yemen to send, via commercial cargo tary Force (Public Law 107–40) applies. should have to make that choice. flights, 2 packages of explosives to Jewish (b) MAINTENANCE AS AN OPERATIONAL FA- But for a huge segment of the Amer- centers in Chicago, Illinois. CILITY FOR DETENTION.—The Secretary of De- (F) A February 2011 plot by Khaled fense shall take appropriate actions to main- ican workforce, these difficult choices Aldawsari, a Saudi-born student, to manu- tain United States Naval Station, Guanta- are a daily reality. Four in ten U.S. facture explosives and potentially attack namo Bay, Cuba, as an open and operating workers have no paid sick days, they New York, New York, the Dallas, Texas, facility for the detention of current and fu- cannot miss a day of work with the home of former President George W. Bush, as ture individuals as described in subsection guarantee of their pay or the assurance well as hydroelectric dams, nuclear power (a). that their job will be there when they plants, and a nightclub. (c) PERMANENT EXTENSION AND EXPANSION come back. What is more, 2/3 of low- (3) Since the September 11, 2001, attacks on OF CERTAIN LIMITATIONS RELATING TO DE- our Nation, the United States and allied TAINEES AND DETENTION FACILITIES.— wage workers, those who can least af- forces have captured thousands of individ- (1) LIMITATION ON TRANSFER OF DETAINEES ford to lose a paycheck or a job, have uals fighting for or supporting al Qaeda and TO FOREIGN ENTITIES.—Section 1033 of the Ike no paid sick days. This means many of associated terrorist organizations that do Skelton National Defense Authorization Act these workers report to work sick or not abide by the law of war, including de- for Fiscal Year 2011 (Public Law 111–383; 124 send their children to school or day tainees at United States Naval Station, Stat. 4351) is amended— care sick, spreading their illness to Guantanamo Bay, Cuba, who served as plan- (A) in subsection (a)(1), by striking ‘‘during others. ners of those attacks, trainers of terrorists, the one-year period’’ and all that follows This robs workers of their basic dig- financiers of terrorists, bomb makers, body- through ‘‘by this Act’’ and inserting ‘‘the guards for Osama bin Laden, recruiters of Secretary of Defense may not use any nity, and that shouldn’t happen in a terrorists, and facilitators of terrorism. amounts authorized to be appropriated’’; and country as wealthy and successful as (4) Many of the detainees at United States (B) in subsection (d)(1), by striking ‘‘as of America. In fact, the U.S. is the only Naval Station, Guantanamo Bay provided October 1, 2009,’’ and inserting ‘‘as of or after developed country that does not guar- valuable intelligence that gave the United October 1, 2009,’’. antee paid sick days to its workers, States insight into al Qaeda and its methods, (2) PROHIBITION ON CONSTRUCTION OF DETEN- and our workers are the most produc- prevented terrorist attacks, and saved lives. TION FACILITIES IN UNITED STATES.—Section tive in the world! America’s workers (5) Intelligence obtained from detainees at 1034 of such Act (124 Stat. 4353) is amended— deserve to earn a decent living; a living United States Naval Station, Guantanamo (A) in subsection (a), by striking ‘‘None of Bay was critical to eventually identifying the funds authorized to be appropriated by where they can provide for their fami- the location of Osama bin Laden. this Act’’ and inserting ‘‘No funds authorized lies without being punished when they (6) In a February 17, 2011, hearing of the to be appropriated or otherwise made avail- or their children catch the flu. Amer- Committee on Armed Services of the Senate, able to the Department of Defense, or to or ica’s workers deserve paid sick days.

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.051 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2949 Lack of access to paid sick days isn’t suring that workers are able to seek of parents of such a child found that taking just a crisis for individual families— preventive care as well as care in a doc- such leave had a ‘‘good’’ or ‘‘very good’’ ef- it’s a public health crisis as well. tor’s office, rather than the ER, will fect on their child’s emotional health. Health officials urge people with con- (5) When parents cannot afford to miss minimize health care costs. Reducing work and must send children with con- tagious illnesses to stay home from the spread of contagious illnesses by tagious illnesses to child care centers or work to avoid spreading disease. But allowing workers or children to stay at schools, infection can spread rapidly through the workers in industries with the home where they won’t infect their co- child care centers and schools. most contact with the public, such as workers or classmates will also reduce (6) Providing paid sick time improves pub- food service and hospitality, are the health costs by keeping more people lic health by reducing infectious disease. least likely to have paid sick days. A healthy in the first place. Policies that make it easier for sick adults recent survey shows that nearly two- Most of all, workers will have peace and children to be isolated at home reduce the spread of infectious disease. thirds of restaurant workers, 3/4 of of mind and financial security. They (7) Routine medical care reduces medical whom don’t have paid sick days, report won’t be faced with a potentially long costs by detecting and treating illness and cooking or serving food while sick. search for new work, while collecting injury early, decreasing the need for emer- This puts the health of all of us in jeop- unemployment benefits. They won’t gency care. These savings benefit public and ardy. And not having paid sick days face reduced income and having to cut private payers of health insurance, including puts these workers in the terrible posi- back on their spending on food, medi- private businesses. tion of choosing between the health of cine, and other necessities bought in (8) The provision of individual and family their customers and their family’s sick time by large and small businesses, both their local communities. Working peo- here in the United States and elsewhere, health and economic security. ple will have the security of knowing demonstrates that policy solutions are both But this doesn’t have to be the case. that if illness strikes, they will be able feasible and affordable in a competitive We can give working people the tools to tend to their families without losing economy. A 2009 study by the Center for Eco- they need to protect their health and their jobs or their paychecks. nomic and Policy Research found that, of 22 their families’ health while also safe- The Healthy Families Act has had countries with comparable economies, the guarding the public health. Workers the strongest of Senate champions who United States was 1 of only 3 countries that want to do the right thing and stay have led the fight for workers’ rights, did not provide any paid time off for workers with short-term illnesses. home when they are ill or stay home Senator Kennedy and Senator Dodd. I (9) Measures that ensure that employees with their sick children rather than am proud to be the new leader for this are in good health and do not need to worry sending them to school. But our cur- vital piece of legislation. I thank my about unmet family health problems help rent laws simply do not protect them. colleagues who are joining me today as businesses by promoting productivity and re- This is why Congresswoman ROSA original cosponsors, and I encourage all ducing employee turnover. DELAURO and I are introducing the Senators to join us in supporting the (10) The American Productivity Audit com- Healthy Families Act, which will allow Healthy Families Act. This bill will pleted in 2003 found that lost productivity U.S. workers to earn up to 7 paid sick due to illness costs $226,000,000,000 annually, provide health, peace of mind, and se- and that 71 percent of that cost stems from days per year to recover from short- curity for America’s workers and their presenteeism, the practice of employees term illness, care for a sick family families. At a time when the American coming to work despite illness. Studies in member, seek routine medical care, or Dream and the middle class seem to be the Journal of Occupational and Environ- seek help if they are victims of domes- slipping away, these goals could never mental Medicine, the Employee Benefit tic violence. This important legislation be more important. News, and the Harvard Business Review show will provide much-needed security for Mr. President, I ask unanimous con- that presenteeism is a larger productivity drain than either absenteeism or short-term hardworking families struggling to bal- sent that the text of the bill be printed ance the obligations of work and fam- disability. in the RECORD. (11) The absence of paid sick time has ily. It will improve public health and There being no objection, the text of forced Americans to make untenable choices decrease health costs by preventing the the bill was ordered to be printed in between needed income and jobs on the one spread of disease and giving employees the RECORD, as follows: hand and caring for their own and their fam- the access they need to obtain preven- S. 984 ily’s health on the other. (12) Nearly 40 percent of the private-sector tive care and treatment. It will also Be it enacted by the Senate and House of Rep- workforce (about 40,000,000 workers) lack help victims of domestic violence to resentatives of the United States of America in protect their families and their fu- paid sick time. Another 4,000,000 theoreti- Congress assembled, cally have access to sick time, but have not tures. SECTION 1. SHORT TITLE. been on the job long enough to use it. Mil- Providing paid sick days to workers This Act may be cited as the ‘‘Healthy lions more lack sick time they can use to will be good for working people and Families Act’’. care for a sick child or ill family member. their families, and good for our busi- SEC. 2. FINDINGS. (13) Workers’ access to paid sick time var- nesses and our economy as well. Allow- Congress makes the following findings: ies dramatically by wage level. For private- ing workers to tend to their health or (1) Working Americans need time to meet sector workers in the lowest quartile of earn- their families’ engenders good will and their own health care needs and to care for ers, 68 percent lack paid sick time. For work- loyalty, and boosts morale at the family members, including their children, ers in the next 2 quartiles, 34 and 25 percent, spouse, parents, and parents-in-law, and respectively, lack paid sick time. Even for workplace. Businesses will save be- other children and adults for whom they are workers in the highest income quartile, 16 cause the greatest cause of lost produc- caregivers. percent lack paid sick time. In addition, mil- tivity due to illness is not absenteeism (2) Health care needs include preventive lions of workers cannot use paid sick time to but ‘‘presenteeism,’’ the practice of health care, diagnostic procedures, medical care for ill family members. sick workers coming to work, infecting treatment, and recovery in response to (14) Due to the roles of men and women in their colleagues, and being less produc- short- and long-term illnesses and injuries. society, the primary responsibility for fam- tive themselves. Businesses whose (3) Providing employees time off to meet ily caregiving often falls on women, and such workers have paid sick days will also health care needs ensures that they will be responsibility affects the working lives of healthier in the long run. Preventive care women more than it affects the working benefit from reduced turnover, and its helps avoid illnesses and injuries and routine lives of men. high associated costs, when workers medical care helps detect illnesses early and (15) An increasing number of men are also can hold on to their jobs. Experience shorten their duration. taking on caregiving obligations, and men bears this out, in San Francisco, where (4) When parents are available to care for who request paid time for caregiving pur- workers have had guaranteed paid sick their children who become sick, children re- poses are often denied accommodation or pe- days since 2007, surveys show that 6 out cover faster, more serious illnesses are pre- nalized because of stereotypes that of 7 employers found no negative effect vented, and children’s overall mental and caregiving is only ‘‘women’s work’’. on profit. Indeed, 4 years after imple- physical health improve. In a 2009 study pub- (16) Employers’ reliance on persistent lished in the American Journal of Public stereotypes about the ‘‘proper’’ roles of both mentation, two-thirds of surveyed em- Health, 81 percent of parents of a child with men and women in the workplace and in the ployers were supportive of the city’s special health care needs reported that tak- home continues a cycle of discrimination paid sick days law. ing leave from work to be with their child and fosters stereotypical views about wom- The overall economy will benefit had a ‘‘good’’ or ‘‘very good’’ effect on their en’s commitment to work and their value as from reduced health costs as well. En- child’s physical health. Similarly, 85 percent employees.

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(17) Employment standards that apply to (B) to promote the goal of equal employ- (ii) PUBLIC AGENCY.—For purposes of clause only one gender have serious potential for ment opportunity for women and men. (i)(III), a public agency shall be considered to encouraging employers to discriminate SEC. 4. DEFINITIONS. be a person engaged in commerce or in an in- against employees and applicants for em- In this Act: dustry or activity affecting commerce. ployment who are of that gender. (1) CHILD.—The term ‘‘child’’ means a bio- (iii) DEFINITIONS.—For purposes of this sub- (18) It is in the national interest to ensure logical, foster, or adopted child, a stepchild, paragraph: that all Americans can care for their own a legal ward, or a child of a person standing (I) COMMERCE.—The terms ‘‘commerce’’ health and the health of their families while in loco parentis, who is— and ‘‘industry or activity affecting com- prospering at work. (A) under 18 years of age; or merce’’ mean any activity, business, or in- (19) Nearly 1 in 3 American women report (B) 18 years of age or older and incapable of dustry in commerce or in which a labor dis- physical or sexual abuse by a husband or self-care because of a mental or physical dis- pute would hinder or obstruct commerce or boyfriend at some point in their lives. Do- ability. the free flow of commerce, and include mestic violence also affects men. Women ac- ‘‘commerce’’ and any ‘‘industry affecting (2) DOMESTIC VIOLENCE.—The term ‘‘domes- count for about 85 percent of the victims of tic violence’’ has the meaning given the term commerce’’, as defined in paragraphs (1) and domestic violence and men account for ap- in section 40002(a) of the Violence Against (3) of section 501 of the Labor Management proximately 15 percent of the victims. There- Women Act of 1994 (42 U.S.C. 13925(a)), except Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). fore, women disproportionately need time off (II) EMPLOYEE.—The term ‘‘employee’’ has that the reference in such section to the to care for their health or to find solutions, the same meaning given such term in section term ‘‘jurisdiction receiving grant monies’’ such as obtaining a restraining order or find- 3(e) of the Fair Labor Standards Act of 1938 shall be deemed to mean the jurisdiction in ing housing, to avoid or prevent physical or (29 U.S.C. 203(e)). which the victim lives or the jurisdiction in sexual abuse. (III) PERSON.—The term ‘‘person’’ has the which the employer involved is located. (20) One study showed that 85 percent of same meaning given such term in section (3) EMPLOYEE.—The term ‘‘employee’’ domestic violence victims at a women’s shel- 3(a) of the Fair Labor Standards Act of 1938 means an individual who is— ter who were employed missed work because (29 U.S.C. 203(a)). (A)(i) an employee, as defined in section of abuse. The mean number of days of paid (C) PREDECESSORS.—Any reference in this 3(e) of the Fair Labor Standards Act of 1938 work lost by a rape victim is 8.1 days, by a paragraph to an employer shall include a ref- victim of physical assault is 7.2 days, and by (29 U.S.C. 203(e)), who is not covered under erence to any predecessor of such employer. subparagraph (E), including such an em- a victim of stalking is 10.1 days. Nationwide, (5) EMPLOYMENT BENEFITS.—The term ‘‘em- domestic violence victims lose almost ployee of the Library of Congress, except ployment benefits’’ means all benefits pro- 8,000,000 days of paid work per year. that a reference in such section to an em- vided or made available to employees by an (21) Without paid sick days that can be ployer shall be considered to be a reference employer, including group life insurance, used to address the effects of domestic vio- to an employer described in clauses (i)(I) and health insurance, disability insurance, sick lence, these victims are in grave danger of (ii) of paragraph (4)(A); or leave, annual leave, educational benefits, losing their jobs. One survey found that 96 (ii) an employee of the Government Ac- and pensions, regardless of whether such percent of employed domestic violence vic- countability Office; benefits are provided by a practice or written tims experienced problems at work related (B) a State employee described in section policy of an employer or through an ‘‘em- to the violence. The Government Account- 304(a) of the Government Employee Rights ployee benefit plan’’, as defined in section ability Office similarly found that 24 to 52 Act of 1991 (42 U.S.C. 2000e–16c(a)); 3(3) of the Employee Retirement Income Se- percent of victims report losing a job due, at (C) a covered employee, as defined in sec- curity Act of 1974 (29 U.S.C. 1002(3)). least in part, to domestic violence. The loss tion 101 of the Congressional Accountability (6) HEALTH CARE PROVIDER.—The term of employment can be particularly dev- Act of 1995 (2 U.S.C. 1301), other than an ap- ‘‘health care provider’’ means a provider astating for victims of domestic violence, plicant for employment; who— who often need economic security to ensure (D) a covered employee, as defined in sec- (A)(i) is a doctor of medicine or osteopathy safety. tion 411(c) of title 3, United States Code; or who is authorized to practice medicine or (22) The Centers for Disease Control and (E) a Federal officer or employee covered surgery (as appropriate) by the State in Prevention has estimated that domestic vio- under subchapter V of chapter 63 of title 5, which the doctor practices; or lence costs over $700,000,000 annually due to United States Code. (ii) is any other person determined by the the victims’ lost productivity in employ- (4) EMPLOYER.— Secretary to be capable of providing health ment. (A) IN GENERAL.—The term ‘‘employer’’ care services; and (23) Efforts to assist abused employees re- means a person who is— (B) is not employed by an employer for sult in positive outcomes for employers as (i)(I) a covered employer, as defined in sub- whom the provider issues certification under well as employees because employers can re- paragraph (B), who is not covered under sub- this Act. tain workers who might otherwise be com- clause (V); (7) PAID SICK TIME.—The term ‘‘paid sick pelled to leave. (II) an entity employing a State employee time’’ means an increment of compensated SEC. 3. PURPOSES. described in section 304(a) of the Government leave that can be earned by an employee for The purposes of this Act are— Employee Rights Act of 1991; use during an absence from employment for (1) to ensure that all working Americans (III) an employing office, as defined in sec- any of the reasons described in paragraphs can address their own health needs and the tion 101 of the Congressional Accountability (1) through (4) of section 5(b). health needs of their families by requiring Act of 1995; (8) PARENT.—The term ‘‘parent’’ means a employers to permit employees to earn up to (IV) an employing office, as defined in sec- biological, foster, or adoptive parent of an 56 hours of paid sick time including paid tion 411(c) of title 3, United States Code; or employee, a stepparent of an employee, or a time for family care; (V) an employing agency covered under legal guardian or other person who stood in (2) to diminish public and private health subchapter V of chapter 63 of title 5, United loco parentis to an employee when the em- care costs by enabling workers to seek early States Code; and ployee was a child. and routine medical care for themselves and (ii) is engaged in commerce (including gov- (9) SECRETARY.—The term ‘‘Secretary’’ their family members; ernment), or an industry or activity affect- means the Secretary of Labor. (3) to assist employees who are, or whose ing commerce (including government), as de- (10) SEXUAL ASSAULT.—The term ‘‘sexual family members are, victims of domestic vio- fined in subparagraph (B)(iii). assault’’ has the meaning given the term in lence, sexual assault, or stalking, by pro- (B) COVERED EMPLOYER.— section 40002(a) of the Violence Against viding the employees with paid time away (i) IN GENERAL.—In subparagraph (A)(i)(I), Women Act of 1994 (42 U.S.C. 13925(a)). from work to allow the victims to receive the term ‘‘covered employer’’— (11) SPOUSE.—The term ‘‘spouse’’, with re- treatment and to take the necessary steps to (I) means any person engaged in commerce spect to an employee, has the meaning given ensure their protection; or in any industry or activity affecting com- such term by the marriage laws of the State (4) to accomplish the purposes described in merce who employs 15 or more employees for in which the employee resides. paragraphs (1) through (3) in a manner that each working day during each of 20 or more (12) STALKING.—The term ‘‘stalking’’ has is feasible for employers; and calendar workweeks in the current or pre- the meaning given the term in section (5) consistent with the provision of the ceding calendar year; 40002(a) of the Violence Against Women Act 14th amendment to the Constitution relating (II) includes— of 1994 (42 U.S.C. 13925(a)). to equal protection of the laws, and pursuant (aa) any person who acts, directly or indi- (13) VICTIM SERVICES ORGANIZATION.—The to Congress’ power to enforce that provision rectly, in the interest of an employer to any term ‘‘victim services organization’’ means a under section 5 of that amendment— of the employees of such employer; and nonprofit, nongovernmental organization (A) to accomplish the purposes described in (bb) any successor in interest of an em- that provides assistance to victims of domes- paragraphs (1) through (3) in a manner that ployer; tic violence, sexual assault, or stalking or minimizes the potential for employment dis- (III) includes any ‘‘public agency’’, as de- advocates for such victims, including a rape crimination on the basis of sex by ensuring fined in section 3(x) of the Fair Labor Stand- crisis center, an organization carrying out a generally that paid sick time is available for ards Act of 1938 (29 U.S.C. 203(x)); and domestic violence, sexual assault, or stalk- eligible medical reasons on a gender-neutral (IV) includes the Government Account- ing prevention or treatment program, an or- basis; and ability Office and the Library of Congress. ganization operating a shelter or providing

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(3) An absence for the purpose of caring for given and the duration of such testing or (a) ACCRUAL OF PAID SICK TIME.— a child, a parent, a spouse, or any other indi- care; and (1) IN GENERAL.—An employer shall permit vidual related by blood or affinity whose (cc) for purposes of such time under sub- each employee employed by the employer to close association with the employee is the section (b)(3), in the case of time to care for earn not less than 1 hour of paid sick time equivalent of a family relationship, who— someone who is not a child, a statement that for every 30 hours worked, to be used as de- (A) has any of the conditions or needs for care is needed for an individual described in scribed in subsection (b). An employer shall diagnosis or care described in paragraph (1) such subsection, and an estimate of the not be required to permit an employee to or (2); and amount of time that such care is needed for earn, under this section, more than 56 hours (B) in the case of someone who is not a such individual. of paid sick time in a calendar year, unless child, is otherwise in need of care. (ii) LIMITATION.—In issuing a certification the employer chooses to set a higher limit. (4) An absence resulting from domestic vio- under subparagraph (A), a health care pro- (2) EXEMPT EMPLOYEES.— lence, sexual assault, or stalking, if the time vider shall make reasonable efforts to limit (A) IN GENERAL.—Except as provided in is to— the medical facts described in clause (i)(III) paragraph (3), for purposes of this section, an (A) seek medical attention for the em- that are disclosed in the certification to the employee who is exempt from overtime re- ployee or the employee’s child, parent, or minimum necessary to establish a need for spouse, or an individual related to the em- quirements under section 13(a)(1) of the Fair the employee to utilize paid sick time. Labor Standards Act of 1938 (29 U.S.C. ployee as described in paragraph (3), to re- (C) REGULATIONS.—Regulations prescribed cover from physical or psychological injury 213(a)(1)) shall be assumed to work 40 hours under section 13 shall specify the manner in or disability caused by domestic violence, in each workweek. which an employee who does not have health (B) SHORTER NORMAL WORKWEEK.—If the sexual assault, or stalking; insurance shall provide a certification for normal workweek of such an employee is less (B) obtain or assist a related person de- purposes of this paragraph. than 40 hours, the employee shall earn paid scribed in paragraph (3) in obtaining services (D) CONFIDENTIALITY AND NONDISCLOSURE.— sick time based upon that normal work from a victim services organization; (i) PROTECTED HEALTH INFORMATION.—Noth- week. (C) obtain or assist a related person de- ing in this Act shall be construed to require (3) DATES OF ACCRUAL AND USE.—Employees scribed in paragraph (3) in obtaining psycho- a health care provider to disclose informa- shall begin to earn paid sick time under this logical or other counseling; tion in violation of section 1177 of the Social section at the commencement of their em- (D) seek relocation; or Security Act (42 U.S.C. 1320d–6) or the regu- ployment. An employee shall be entitled to (E) take legal action, including preparing use the earned paid sick time beginning on for or participating in any civil or criminal lations promulgated pursuant to section the 60th calendar day following commence- legal proceeding related to or resulting from 264(c) of the Health Insurance Portability ment of the employee’s employment. After domestic violence, sexual assault, or stalk- and Accountability Act of 1996 (42 U.S.C. that 60th calendar day, the employee may ing. 1320d–2 note). use the paid sick time as the time is earned. (c) SCHEDULING.—An employee shall make (ii) HEALTH INFORMATION RECORDS.—If an An employer may, at the discretion of the a reasonable effort to schedule a period of employer possesses health information about employer, loan paid sick time to an em- paid sick time under this Act in a manner an employee or an employee’s child, parent, ployee in advance of the earning of such time that does not unduly disrupt the operations spouse or other individual described in sub- under this section by such employee. of the employer. section (b)(3), such information shall— (4) CARRYOVER.— (d) PROCEDURES.— (I) be maintained on a separate form and in (A) IN GENERAL.—Except as provided in (1) IN GENERAL.—Paid sick time shall be a separate file from other personnel informa- subparagraph (B), paid sick time earned provided upon the oral or written request of tion; under this section shall carry over from 1 an employee. Such request shall— (II) be treated as a confidential medical calendar year to the next. (A) include the expected duration of the pe- record; and (B) CONSTRUCTION.—This Act shall not be riod of such time; (III) not be disclosed except to the affected construed to require an employer to permit (B) in a case in which the need for such pe- employee or with the permission of the af- an employee to accrue more than 56 hours of riod of time is foreseeable at least 7 days in fected employee. earned paid sick time at a given time. advance of such period, be provided at least (3) CERTIFICATION IN THE CASE OF DOMESTIC (5) EMPLOYERS WITH EXISTING POLICIES.— 7 days in advance of such period; and VIOLENCE, SEXUAL ASSAULT, OR STALKING.— Any employer with a paid leave policy who (C) otherwise, be provided as soon as prac- (A) IN GENERAL.—An employer may require makes available an amount of paid leave ticable after the employee is aware of the that a request for paid sick time under this that is sufficient to meet the requirements need for such period. section for a purpose described in subsection of this section and that may be used for the (2) CERTIFICATION IN GENERAL.— (b)(4) be supported by 1 of the following same purposes and under the same condi- (A) PROVISION.— forms of documentation: tions as the purposes and conditions outlined (i) IN GENERAL.—Subject to subparagraph (i) A police report indicating that the em- in subsection (b) shall not be required to per- (C), an employer may require that a request ployee, or a member of the employee’s fam- mit an employee to earn additional paid sick for paid sick time under this section for a ily described in subsection (b)(4), was a vic- time under this section. purpose described in paragraph (1), (2), or (3) tim of domestic violence, sexual assault, or (6) CONSTRUCTION.—Nothing in this section of subsection (b) be supported by a certifi- stalking. shall be construed as requiring financial or cation issued by the health care provider of (ii) A court order protecting or separating other reimbursement to an employee from the eligible employee or of an individual de- the employee or a member of the employee’s an employer upon the employee’s termi- scribed in subsection (b)(3), as appropriate, if family described in subsection (b)(4) from the nation, resignation, retirement, or other sep- the period of such time covers more than 3 perpetrator of an act of domestic violence, aration from employment for earned paid consecutive workdays. sexual assault, or stalking, or other evidence sick time that has not been used. (ii) TIMELINESS.—The employee shall pro- from the court or prosecuting attorney that (7) REINSTATEMENT.—If an employee is sep- vide a copy of such certification to the em- the employee or a member of the employee’s arated from employment with an employer ployer in a timely manner, not later than 30 family described in subsection (b)(4) has ap- and is rehired, within 12 months after that days after the first day of the period of time. peared in court or is scheduled to appear in separation, by the same employer, the em- The employer shall not delay the commence- court in a proceeding related to domestic vi- ployer shall reinstate the employee’s pre- ment of the period of time on the basis that olence, sexual assault, or stalking. viously earned paid sick time. The employee the employer has not yet received the cer- (iii) Other documentation signed by an em- shall be entitled to use the earned paid sick tification. ployee or volunteer working for a victim time and earn additional paid sick time at (B) SUFFICIENT CERTIFICATION.— services organization, an attorney, a police the recommencement of employment with (i) IN GENERAL.—A certification provided officer, a medical professional, a social work- the employer. under subparagraph (A) shall be sufficient if er, an antiviolence counselor, or a member of (8) PROHIBITION.—An employer may not re- it states— the clergy, affirming that the employee or a quire, as a condition of providing paid sick (I) the date on which the period of time member of the employee’s family described time under this Act, that the employee in- will be needed; in subsection (b)(4) is a victim of domestic volved search for or find a replacement (II) the probable duration of the period of violence, sexual assault, or stalking. worker to cover the hours during which the time; (B) REQUIREMENTS.—The requirements of employee is using paid sick time. (III) the appropriate medical facts within paragraph (2) shall apply to certifications (b) USES.—Paid sick time earned under this the knowledge of the health care provider re- under this paragraph, except that— section may be used by an employee for any garding the condition involved, subject to (i) subclauses (III) and (IV) of subparagraph of the following: clause (ii); and (B)(i) and subparagraph (B)(ii) of such para- (1) An absence resulting from a physical or (IV)(aa) for purposes of paid sick time graph shall not apply; mental illness, injury, or medical condition under subsection (b)(1), a statement that ab- (ii) the certification shall state the reason of the employee. sence from work is medically necessary; that the leave is required with the facts to

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be disclosed limited to the minimum nec- (3) has testified, or is about to testify, in (C) FEES AND COSTS.—The court in an ac- essary to establish a need for the employee any inquiry or proceeding relating to any tion under this paragraph shall, in addition to be absent from work, and the employee right provided under this Act. to any judgment awarded to the plaintiff, shall not be required to explain the details of (c) CONSTRUCTION.—Nothing in this section allow a reasonable attorney’s fee, reasonable the domestic violence, sexual assault, or shall be construed to state or imply that the expert witness fees, and other costs of the stalking involved; and scope of the activities prohibited by section action to be paid by the defendant. (iii) with respect to confidentiality under 105 of the Family and Medical Leave Act of (4) ACTION BY THE SECRETARY.— subparagraph (D) of such paragraph, any in- 1993 (29 U.S.C. 2615) is less than the scope of (A) ADMINISTRATIVE ACTION.—The Sec- formation provided to the employer under the activities prohibited by this section. retary shall receive, investigate, and at- this paragraph shall be confidential, except SEC. 8. ENFORCEMENT AUTHORITY. tempt to resolve complaints of violations of to the extent that any disclosure of such in- (a) IN GENERAL.— section 7 (including a violation relating to formation is— (1) DEFINITION.—In this subsection: rights provided under section 5) in the same (I) requested or consented to in writing by (A) the term ‘‘employee’’ means an em- manner that the Secretary receives, inves- the employee; or ployee described in subparagraph (A) or (B) tigates, and attempts to resolve complaints (II) otherwise required by applicable Fed- of section 4(3); and of violations of sections 6 and 7 of the Fair eral or State law. (B) the term ‘‘employer’’ means an em- Labor Standards Act of 1938 (29 U.S.C. 206 SEC. 6. POSTING REQUIREMENT. ployer described in subclause (I) or (II) of and 207). (a) IN GENERAL.—Each employer shall post section 4(4)(A)(i). (B) CIVIL ACTION.—The Secretary may and keep posted a notice, to be prepared or (2) INVESTIGATIVE AUTHORITY.— bring an action in any court of competent ju- approved in accordance with procedures (A) IN GENERAL.—To ensure compliance risdiction to recover the damages described specified in regulations prescribed under sec- with the provisions of this Act, or any regu- in paragraph (3)(B)(i). tion 13, setting forth excerpts from, or sum- lation or order issued under this Act, the (C) SUMS RECOVERED.—Any sums recovered maries of, the pertinent provisions of this Secretary shall have, subject to subpara- by the Secretary pursuant to subparagraph Act including— graph (C), the investigative authority pro- (B) shall be held in a special deposit account (1) information describing paid sick time vided under section 11(a) of the Fair Labor and shall be paid, on order of the Secretary, available to employees under this Act; Standards Act of 1938 (29 U.S.C. 211(a)), with directly to each employee or individual af- (2) information pertaining to the filing of respect to employers, employees, and other fected. Any such sums not paid to an em- an action under this Act; individuals affected. ployee or individual affected because of in- (3) the details of the notice requirement for (B) OBLIGATION TO KEEP AND PRESERVE ability to do so within a period of 3 years a foreseeable period of time under section RECORDS.—An employer shall make, keep, shall be deposited into the Treasury of the 5(d)(1)(B); and and preserve records pertaining to compli- United States as miscellaneous receipts. (4) information that describes— ance with this Act in accordance with sec- (5) LIMITATION.— (A) the protections that an employee has tion 11(c) of the Fair Labor Standards Act of (A) IN GENERAL.—Except as provided in in exercising rights under this Act; and 1938 (29 U.S.C. 211(c)) and in accordance with subparagraph (B), an action may be brought (B) how the employee can contact the Sec- regulations prescribed by the Secretary. under paragraph (3), (4), or (6) not later than retary (or other appropriate authority as de- (C) REQUIRED SUBMISSIONS GENERALLY LIM- 2 years after the date of the last event con- scribed in section 8) if any of the rights are ITED TO AN ANNUAL BASIS.—The Secretary stituting the alleged violation for which the violated. shall not require, under the authority of this action is brought. (b) LOCATION.—The notice described under paragraph, an employer to submit to the (B) WILLFUL VIOLATION.—In the case of an subsection (a) shall be posted— Secretary any books or records more than action brought for a willful violation of sec- (1) in conspicuous places on the premises of once during any 12-month period, unless the tion 7 (including a willful violation relating the employer, where notices to employees Secretary has reasonable cause to believe to rights provided under section 5), such ac- (including applicants) are customarily post- there may exist a violation of this Act or tion may be brought within 3 years of the ed; or any regulation or order issued pursuant to date of the last event constituting the al- (2) in employee handbooks. this Act, or is investigating a charge pursu- leged violation for which such action is (c) VIOLATION; PENALTY.—Any employer ant to paragraph (4). brought. who willfully violates the posting require- (D) SUBPOENA AUTHORITY.—For the pur- (C) COMMENCEMENT.—In determining when ments of this section shall be subject to a poses of any investigation provided for in an action is commenced under paragraph (3), civil fine in an amount not to exceed $100 for this paragraph, the Secretary shall have the (4), or (6) for the purposes of this paragraph, each separate offense. subpoena authority provided for under sec- it shall be considered to be commenced on SEC. 7. PROHIBITED ACTS. tion 9 of the Fair Labor Standards Act of the date when the complaint is filed. (a) INTERFERENCE WITH RIGHTS.— 1938 (29 U.S.C. 209). (6) ACTION FOR INJUNCTION BY SECRETARY.— (1) EXERCISE OF RIGHTS.—It shall be unlaw- (3) CIVIL ACTION BY EMPLOYEES OR INDIVID- The district courts of the United States shall ful for any employer to interfere with, re- UALS.— have jurisdiction, for cause shown, in an ac- strain, or deny the exercise of, or the at- (A) RIGHT OF ACTION.—An action to recover tion brought by the Secretary— tempt to exercise, any right provided under the damages or equitable relief prescribed in (A) to restrain violations of section 7 (in- this Act, including— subparagraph (B) may be maintained against cluding a violation relating to rights pro- (A) discharging or discriminating against any employer in any Federal or State court vided under section 5), including the re- (including retaliating against) any indi- of competent jurisdiction by one or more straint of any withholding of payment of vidual, including a job applicant, for exer- employees or individuals or their representa- wages, salary, employment benefits, or other cising, or attempting to exercise, any right tive for and on behalf of— compensation, plus interest, found by the provided under this Act; (i) the employees or individuals; or court to be due to employees or individuals (B) using the taking of paid sick time (ii) the employees or individuals and oth- eligible under this Act; or under this Act as a negative factor in an em- ers similarly situated. (B) to award such other equitable relief as ployment action, such as hiring, promotion, (B) LIABILITY.—Any employer who violates may be appropriate, including employment, or a disciplinary action; or section 7 (including a violation relating to reinstatement, and promotion. (C) counting the paid sick time under a no- rights provided under section 5) shall be lia- (7) SOLICITOR OF LABOR.—The Solicitor of fault attendance policy or any other absence ble to any employee or individual affected— Labor may appear for and represent the Sec- control policy. (i) for damages equal to— retary on any litigation brought under para- (2) DISCRIMINATION.—It shall be unlawful (I) the amount of— graph (4) or (6). for any employer to discharge or in any (aa) any wages, salary, employment bene- (8) GOVERNMENT ACCOUNTABILITY OFFICE other manner discriminate against (includ- fits, or other compensation denied or lost by AND LIBRARY OF CONGRESS.—Notwithstanding ing retaliating against) any individual, in- reason of the violation; or any other provision of this subsection, in the cluding a job applicant, for opposing any (bb) in a case in which wages, salary, em- case of the Government Accountability Of- practice made unlawful by this Act. ployment benefits, or other compensation fice and the Library of Congress, the author- (b) INTERFERENCE WITH PROCEEDINGS OR IN- have not been denied or lost, any actual ity of the Secretary of Labor under this sub- QUIRIES.—It shall be unlawful for any person monetary losses sustained as a direct result section shall be exercised respectively by the to discharge or in any other manner dis- of the violation up to a sum equal to 56 hours Comptroller General of the United States criminate against (including retaliating of wages or salary for the employee or indi- and the Librarian of Congress. against) any individual, including a job ap- vidual; (b) EMPLOYEES COVERED BY CONGRESSIONAL plicant, because such individual— (II) the interest on the amount described in ACCOUNTABILITY ACT OF 1995.—The powers, (1) has filed an action, or has instituted or subclause (I) calculated at the prevailing remedies, and procedures provided in the caused to be instituted any proceeding, rate; and Congressional Accountability Act of 1995 (2 under or related to this Act; (III) an additional amount as liquidated U.S.C. 1301 et seq.) to the Board (as defined (2) has given, or is about to give, any infor- damages; and in section 101 of that Act (2 U.S.C. 1301)), or mation in connection with any inquiry or (ii) for such equitable relief as may be ap- any person, alleging a violation of section proceeding relating to any right provided propriate, including employment, reinstate- 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall under this Act; or ment, and promotion. be the powers, remedies, and procedures this

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(a) IN GENERAL.— violation of this Act against an employee de- (C) The cost to employees of providing cer- (1) AUTHORITY.—Except as provided in scribed in section 4(3)(C). tification to obtain the paid sick time. paragraph (2), not later than 180 days after (c) EMPLOYEES COVERED BY CHAPTER 5 OF (D) The benefits of the paid sick time to the date of enactment of this Act, the Sec- TITLE 3, UNITED STATES CODE.—The powers, employees and their family members, includ- retary shall prescribe such regulations as are remedies, and procedures provided in chapter ing effects on employees’ ability to care for necessary to carry out this Act with respect 5 of title 3, United States Code, to the Presi- their family members or to provide for their to employees described in subparagraph (A) dent, the Merit Systems Protection Board, own health needs. or (B) of section 4(3) and other individuals af- or any person, alleging a violation of section (E) Whether the paid sick time affected fected by employers described in subclause 412(a)(1) of that title, shall be the powers, employees’ ability to sustain an adequate in- (I) or (II) of section 4(4)(A)(i). remedies, and procedures this Act provides come while meeting needs of the employees (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI- to the President, that Board, or any person, and their family members. BRARY OF CONGRESS.—The Comptroller Gen- respectively, alleging an unlawful employ- (F) Whether employers who administered eral of the United States and the Librarian ment practice in violation of this Act paid sick time policies prior to the date of against an employee described in section of Congress shall prescribe the regulations enactment of this Act were affected by the with respect to employees of the Govern- 4(3)(D). provisions of this Act. (d) EMPLOYEES COVERED BY CHAPTER 63 OF ment Accountability Office and the Library (G) Whether other types of leave were af- of Congress, respectively and other individ- TITLE 5, UNITED STATES CODE.—The powers, fected by this Act. remedies, and procedures provided in title 5, uals affected by the Comptroller General of (H) Whether paid sick time affected reten- the United States and the Librarian of Con- United States Code, to an employing agency, tion and turnover and costs of presenteeism. provided in chapter 12 of that title to the gress, respectively. (I) Whether the paid sick time increased Merit Systems Protection Board, or provided the use of less costly preventive medical care (b) EMPLOYEES COVERED BY CONGRESSIONAL in that title to any person, alleging a viola- and lowered the use of emergency room care. ACCOUNTABILITY ACT OF 1995.— tion of chapter 63 of that title, shall be the (J) Whether the paid sick time reduced the (1) AUTHORITY.—Not later than 120 days powers, remedies, and procedures this Act number of children sent to school when the after the date of enactment of this Act, the provides to that agency, that Board, or any children were sick. Board of Directors of the Office of Compli- person, respectively, alleging an unlawful ance shall prescribe (in accordance with sec- (2) AGGREGATING DATA.—The data collected employment practice in violation of this Act under subparagraphs (A) and (D) of para- tion 304 of the Congressional Accountability against an employee described in section graph (1) shall be aggregated by gender, race, Act of 1995 (2 U.S.C. 1384)) such regulations 4(3)(E). disability, earnings level, age, marital sta- as are necessary to carry out this Act with (e) REMEDIES FOR STATE EMPLOYEES.— tus, family type, including parental status, respect to employees described in section (1) WAIVER OF SOVEREIGN IMMUNITY.—A and industry. 4(3)(C) and other individuals affected by em- State’s receipt or use of Federal financial as- ployers described in section 4(4)(A)(i)(III). (3) REPORTS.— sistance for any program or activity of a (2) AGENCY REGULATIONS.—The regulations (A) IN GENERAL.—Not later than 18 months State shall constitute a waiver of sovereign prescribed under paragraph (1) shall be the immunity, under the 11th amendment to the after the date of enactment of this Act, the Comptroller General of the United States same as substantive regulations promulgated Constitution or otherwise, to a suit brought by the Secretary to carry out this Act except by an employee of that program or activity shall prepare and submit a report to the ap- propriate committees of Congress concerning insofar as the Board may determine, for good under this Act for equitable, legal, or other cause shown and stated together with the relief authorized under this Act. the results of the study conducted pursuant to paragraph (1) and the data aggregated regulations prescribed under paragraph (1), (2) OFFICIAL CAPACITY.—An official of a under paragraph (2). that a modification of such regulations State may be sued in the official capacity of would be more effective for the implementa- the official by any employee who has com- (B) FOLLOWUP REPORT.—Not later than 5 years after the date of enactment of this tion of the rights and protections involved plied with the procedures under subsection under this section. (a)(3), for injunctive relief that is authorized Act, the Comptroller General of the United (c) EMPLOYEES COVERED BY CHAPTER 5 OF under this Act. In such a suit the court may States shall prepare and submit a followup TITLE 3, UNITED STATES CODE.— award to the prevailing party those costs au- report to the appropriate committees of Con- (1) AUTHORITY.—Not later than 120 days thorized by section 722 of the Revised Stat- gress concerning the results of the study after the date of enactment of this Act, the utes (42 U.S.C. 1988). conducted pursuant to paragraph (1) and the data aggregated under paragraph (2). President (or the designee of the President) (3) APPLICABILITY.—With respect to a par- shall prescribe such regulations as are nec- ticular program or activity, paragraph (1) SEC. 10. EFFECT ON OTHER LAWS. essary to carry out this Act with respect to applies to conduct occurring on or after the (a) FEDERAL AND STATE ANTIDISCRIMINA- employees described in section 4(3)(D) and day, after the date of enactment of this Act, TION LAWS.—Nothing in this Act shall be other individuals affected by employers de- on which a State first receives or uses Fed- construed to modify or affect any Federal or scribed in section 4(4)(A)(i)(IV). eral financial assistance for that program or State law prohibiting discrimination on the (2) AGENCY REGULATIONS.—The regulations activity. basis of race, religion, color, national origin, prescribed under paragraph (1) shall be the (4) DEFINITION OF PROGRAM OR ACTIVITY.—In sex, age, or disability. same as substantive regulations promulgated this subsection, the term ‘‘program or activ- (b) STATE AND LOCAL LAWS.—Nothing in by the Secretary to carry out this Act except ity’’ has the meaning given the term in sec- this Act shall be construed to supersede (in- insofar as the President (or designee) may tion 606 of the Civil Rights Act of 1964 (42 cluding preempting) any provision of any determine, for good cause shown and stated U.S.C. 2000d–4a). State or local law that provides greater paid sick time or leave rights (including greater together with the regulations prescribed SEC. 9. COLLECTION OF DATA ON PAID SICK under paragraph (1), that a modification of TIME AND FURTHER STUDY. paid sick time or leave, or greater coverage such regulations would be more effective for (a) COMPILATION OF INFORMATION.—Effec- of those eligible for paid sick time or leave) tive 90 days after the date of enactment of than the rights established under this Act. the implementation of the rights and protec- this Act, the Commissioner of Labor Statis- SEC. 11. EFFECT ON EXISTING EMPLOYMENT tions involved under this section. tics shall annually compile information on BENEFITS. (d) EMPLOYEES COVERED BY CHAPTER 63 OF the following: (a) MORE PROTECTIVE.—Nothing in this Act TITLE 5, UNITED STATES CODE.— (1) The number of employees who used paid shall be construed to diminish the obligation (1) AUTHORITY.—Not later than 120 days sick time. of an employer to comply with any contract, after the date of enactment of this Act, the (2) The number of hours of paid sick time collective bargaining agreement, or any em- Director of the Office of Personnel Manage- used. ployment benefit program or plan that pro- ment shall prescribe such regulations as are (3) The number of employees who used paid vides greater paid sick leave or other leave necessary to carry out this Act with respect sick time for absences necessary due to do- rights to employees or individuals than the to employees described in section 4(3)(E) and mestic violence, sexual assault, or stalking. rights established under this Act. other individuals affected by employers de- (4) The demographic characteristics of em- (b) LESS PROTECTIVE.—The rights estab- scribed in section 4(4)(A)(i)(V). ployees who were eligible for and who used lished for employees under this Act shall not (2) AGENCY REGULATIONS.—The regulations paid sick time. be diminished by any contract, collective prescribed under paragraph (1) shall be the (b) GAO STUDY.— bargaining agreement, or any employment same as substantive regulations promulgated (1) IN GENERAL.—The Comptroller General benefit program or plan. by the Secretary to carry out this Act except of the United States shall annually conduct SEC. 12. ENCOURAGEMENT OF MORE GENEROUS insofar as the Director may determine, for a study to determine the following: LEAVE POLICIES. good cause shown and stated together with (A)(i) The number of days employees used Nothing in this Act shall be construed to the regulations prescribed under paragraph paid sick time and the reasons for the use. discourage employers from adopting or re- (1), that a modification of such regulations (ii) The number of employees who used the taining leave policies more generous than would be more effective for the implementa- paid sick time for periods of time covering policies that comply with the requirements tion of the rights and protections involved more than 3 consecutive workdays. of this Act. under this section.

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.047 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2954 CONGRESSIONAL RECORD — SENATE May 12, 2011 SEC. 14. EFFECTIVE DATES. Twelve years ago, nurses in Cali- introducing the State Ethics Law Pro- (a) EFFECTIVE DATE.—This Act shall take fornia fought and won a major battle tection Act. This legislation would en- effect 6 months after the date of issuance of for their patients and for themselves, sure that States are allowed to pass regulations under section 13(a)(1). meaningful ethics reform laws without (b) COLLECTIVE BARGAINING AGREEMENTS.— and the results were minimum nurse to In the case of a collective bargaining agree- patient ratios in California hospitals. being penalized by the Federal govern- ment in effect on the effective date pre- I am proud to join with nurses in ment. scribed by subsection (a), this Act shall take their effort to improve care for their Current law allows the Federal High- effect on the earlier of— patients, and introduce Federal legisla- way Administration, FHWA, to with- (1) the date of the termination of such tion that would extend these rights, ra- hold Federal highway funds from agreement; or tios and reforms to nurses in hospitals States that ban pay-to-play con- (2) the date that occurs 18 months after the across the country. tracting. At least 9 States and 60 cities date of issuance of regulations under section have enacted anti pay-to-play laws. 13(a)(1). Reports on California ratios have only begun to show what so many of These laws vary widely, but they gen- erally limit political contributions By Mrs. BOXER: the nurses I meet already know, that S. 992. A bill to amend the Public setting a minimum standard for safe from entities doing business with the Health Service Act to establish direct staffing can mean the difference be- state. The FHWA claims that these laws could reduce the number of poten- care registered nurse-to-patient staff- tween life and death of patients. tial bidders, thus violating an unre- ing ratio requirements in hospitals, A 2002 study found that for every pa- stricted bidding requirement set forth and for other purposes; to the Com- tient added to a nurse’s workload there in Federal law. FHWA has selectively mittee on Health, Education, Labor, is a 7 percent increase in the chance of death following common surgeries. threatened to withhold money to cer- and Pensions. tain States. In my home State of Illi- Mrs. BOXER. Mr. President, as we In California, the hospitals that have nois, the State legislature was forced seen the greatest effect in reduced mark the end of National Nurses Week, to change its pay-to-play law just days mortality were the ones that started I want to express my heartfelt appre- after our former governor was indicted with the worst staffing ratios. ciation to the nurses who serve on the for allegedly engaging in numerous We also know that hospitals are los- front lines of our health care system. pay-to-play schemes. Illinois was ing good nurses because of these staff- Nurses are heroes, not just to their pa- forced to create a giant loophole in the tients, but to the families and loved ing shortages. A poll of nurses nation- ethics law so as not to lose out on mil- ones who rely on their compassion and wide found that almost half of the lions in Federal transportation funds. care. nurses who plan to quit their job say States have the right to ensure their While we celebrate nurses this week, that inadequate staffing is the reason contracting processes adhere to the we must also acknowledge that too they are leaving. The cost of replacing highest ethical standards and offer the many nurses are overworked because of these valuable workers has been esti- best protection to the taxpayers. Se- staffing levels that are simply inad- mated at $25,000 to $60,000 per nurse. lected Federal intervention is an un- equate. That is an added cost that we know our warranted and unhelpful power grab by For decades nurses have been telling health care system cannot afford. Federal regulators. Pay-to-play laws us that we need more of them to pro- Too many nurses get burned out by are designed to enhance, not under- vide quality care to our loved ones, es- being overloaded with too many pa- mine, competitive bidding. They are pecially in hospitals. Study after study tients. Too many nurses have given up designed to ensure that the competi- has been done, we know there is a na- on serving in hospitals because the hos- tive bidding process is open and fair, tionwide nursing shortage. pitals have given up on providing a bet- not motivated by political consider- By 2020, it is estimated that the de- ter environment for both nurses and ations. mand for full time nurses will exceed patients. Our legislation would allow States to supply by 1 million nurses. Investing more in nursing staff will pass ethics laws that are in their best That is why I am introducing the Na- help hospitals avoid costly medical interests, without fear of Federal retal- tional Nursing Shortage Reform and mistakes and provide better care for iation, by amending FHWA’s con- Patient Advocacy Act, which will not their patients and most importantly, tracting requirements to explicitly only help address the nationwide short- will save lives. provide that no State or locality shall age of skilled nurses, it will improve I joined many of my colleagues in be considered in violation of the com- the quality of health care for all Amer- supporting provisions of health care re- petitive bidding requirements based on icans. form that invested in our health care political contributions. The legislation The National Nursing Shortage Re- workforce. At 2.9 million strong, nurses does not prescribe any new require- form and Patient Advocacy Act cham- are the largest health care workforce ments for states, nor does it advocate pions nursing rights, nursing ratios, in our country, and this investment is for the passage of any single ethics and nursing reform. long overdue. law. The bill simply allows States to This bill protects the rights of nurses I am pleased to share that this bill enact meaningful anti-corruption laws to speak out for their patients and to has the support of the California if they choose to do so. As Federal speak out for themselves, without the Nurses Association as well as budgets tighten in these challenging fear of discrimination or retaliation, AFSCME-United Nurses of America. economic times, it is imperative that because if there is a problem in a hos- Nurses are not just the face of the we not hamstring States even further pital nurses should be able to talk movement to improve health care in by denying them Federal funds for try- about it. our country, they are the face of health ing to limit public corruption. This bill sets minimum nurse to pa- care in our country. This bill is for Mr. President, I ask unanimous con- tient ratios, because if we expect them and the patients they so faith- sent that the text of the bill be printed nurses to give patients high quality fully serve. in the RECORD. care we need to give nurses the time to There being no objection, the text of provide it. It lays out a transparent By Mr. KIRK (for himself, Mr. the bill was ordered to be printed in process for establishing staffing plans MENENDEZ, Mr. LAUTENBERG, the RECORD, as follows: in hospitals and puts forward the tools and Mr. DURBIN): S. 994 for nurses to report inadequate staffing S. 994. A bill to amend title 23, Be it enacted by the Senate and House of Rep- or care. United States Code, to protect States resentatives of the United States of America in This bill reforms the role of hospitals that have in effect laws or orders with Congress assembled, not just in working with nurses to im- respect to pay-to-play reform, and for SECTION 1. SHORT TITLE. prove care, but also in training nurses. other purposes; to the Committee on This Act may be cited as the ‘‘State Ethics Law Protection Act of 2011’’. It creates mentorship and preceptor- Environment and Public Works. SEC. 2. PAY-TO-PLAY REFORM. ship programs to support nurses as Mr. KIRK. Mr. President, I am Section 112 of title 23, United States Code, they adapt to the hospital setting and pleased to join my colleagues Senators is amended by adding at the end the fol- grow in their profession. MENENDEZ, LAUTENBERG and DURBIN in lowing:

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.047 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2955 ‘‘(h) PAY-TO-PLAY REFORM.—A State trans- The Blagojevich case was not the ‘‘(A) a public official performs an official portation department shall not be considered only one affected by the decision. Ac- act for the purpose, in whole or in part, of to have violated a requirement of this sec- cording to the Wall Street Journal, ‘‘In benefitting or furthering a financial interest tion solely because the State in which that 2008 and 2009, the government brought of— State transportation department is located, ‘‘(i) the public official; or a local government within that State, has honest services fraud charges in more ‘‘(ii) the spouse or minor child of a public in effect a law or an order that limits the than 100 cases a year,’’ but in 2010 ‘‘new official; amount of money an individual or entity prosecutions using the statute slowed ‘‘(iii) a general business partner of the pub- that is doing business with a State or local to a trickle’’ due to the Supreme Court lic official; agency with respect to a Federal-aid high- review of the issue. ‘‘(iv) a business or organization in which way project may contribute to a political In order to continue fighting public the public official is serving as an employee, party, campaign, candidate, or elected offi- officer, director, trustee, or general partner; cial.’’. corruption effectively, the Department of Justice asked Congress to enact a or clear and specific honest services law ‘‘(v) an individual, business, or organiza- By Mr. KIRK: tion with whom the public official is negoti- S. 995. A bill to amend title 18, to withstand any constitutional re- ating for, or has any arrangement con- United States Code, to prohibit public view. Our bill, the Public Officials Ac- cerning, prospective employment or finan- officials from engaging in undisclosed countability Act, would do just that. It cial compensation; and self-dealing; to the Committee on the would very clearly reinstate the por- ‘‘(B) the public official knowingly falsifies, Judiciary. tion of the law the Supreme Court conceals, covers up, or fails to disclose mate- Mr. KIRK. Mr. President, I am struck down in terms that remove all rial information regarding that financial in- pleased to introduce the Public Offi- ambiguity. The Public Officials Ac- terest that is required to be disclosed by any cials Accountability Act, to ensure countability Act would restore one of Federal, State, or local statute, rule, regula- tion, or charter applicable to the public offi- that our elected leaders cannot use prosecutors’ most important tools and their office for their own personal ben- cial.’’. decades of congressional intent to en- (b) CONFORMING AMENDMENT.—The table of efit. Public corruption has turned the sure elected leaders cannot use their sections for chapter 63 of title 18, United ‘‘Land of Honest Abe’’ into the ‘‘Land office to further their own careers or States Code, is amended by inserting after of Political Corruption.’’ Illinois is the pocketbooks. the item relating to section 1346 the fol- 6th most corrupt state in the Union, Mr. President, I ask unanimous con- lowing new item: based on the number of public corrup- sent that the text of the bill be printed ‘‘1346A. Undisclosed self-dealing by public of- tion convictions over the last decade. If in the RECORD. ficials.’’. just the northern district of Illinois There being no objection, the text of (c) APPLICABILITY.—The amendments made were a state, it would have had the 7th the bill was ordered to be printed in by this section apply to acts engaged in on or after the date of the enactment of this highest number of public corruption the RECORD, as follows: Act. convictions in the country in 2009. Illi- S. 995 nois taxpayers pay the price for this in Be it enacted by the Senate and House of Rep- By Mr. AKAKA (for himself, Mr. the form of a hidden public corruption resentatives of the United States of America in HARKIN, and Mr. DURBIN): tax. We need to make sure our laws Congress assembled, S. 998. A bill to amend title IV of the help Federal prosecutors crack down SECTION 1. SHORT TITLE. Employee Retirement Income Security on public corruption and restore integ- This Act may be cited as the ‘‘Public Offi- Act of 1974 to require the Pension Ben- rity to Illinois. One such tool is the cials Accountability Act’’. efit Guaranty Corporation, in the case honest services law. SEC. 2. PROHIBITION ON UNDISCLOSED SELF- For the past 30 years, the Depart- DEALING BY PUBLIC OFFICIALS. of airline pilots who are required by ment of Justice has fought public cor- (a) IN GENERAL.—Chapter 63 of title 18, regulation to retire at age 60, to com- ruption by convicting scores of public United States Code, is amended by inserting pute the actuarial value of monthly after section 1346 the following new section: officials who deny citizens the right to benefits in the form of a life annuity ‘‘honest services.’’ We are all too famil- ‘‘§ 1346A. Undisclosed self-dealing by public commencing at age 60; to the Com- officials iar with politicians failing to perform mittee on Health, Education, Labor, ‘‘(a) UNDISCLOSED SELF-DEALING BY PUBLIC their public duties honestly in Illinois. and Pensions. OFFICIALS.—For purposes of this chapter, the Mr. AKAKA. Mr. President, today I The most famous Illinois politicians term ‘scheme or artifice to defraud’ also in- to be convicted of honest services fraud am introducing the Pension Benefit cludes a scheme or artifice by a public offi- Guaranty Corporation Pilots Equitable include former Governor Otto Kerner, cial to engage in undisclosed self-dealing. late Congressman Dan Rostenkowski, ‘‘(b) DEFINITIONS.—As used in this section: Treatment Act to ensure fair treat- former city of Chicago official Robert ‘‘(1) OFFICIAL ACT.—The term ‘official ment of commercial airline pilot retir- Sorich, and former Governor George act’— ees. Joining me in this effort are Sen- Ryan. William Jefferson and Congress- ‘‘(A) includes any act within the range of ators HARKIN and DURBIN, as well as man Bob Ney are a few notable na- official duty, and any decision, recommenda- Representative GEORGE MILLER, who is tion, or action on any question, matter, introducing the companion bill in the tional figures to be convicted of this cause, suit, proceeding, or controversy, crime. House of Representatives today. which may at any time be pending, or which The Pension Benefit Guaranty Cor- Back in Illinois, our former governor may by law be brought before any public of- Rod Blagojevich is currently on trial ficial, in such public official’s official capac- poration, PBGC, is the Federal agency after having turned Illinois into a cor- ity or in such official’s place of trust or prof- that assumes responsibility for pension rupt political circus and a national it; plans that are terminated because they joke. A number of charges in his origi- ‘‘(B) may be a single act, more than one do not have enough money to pay all nal indictment were based on honest act, or a course of conduct; and benefits. PBGC’s insurance program services fraud, including those related ‘‘(C) includes a decision or recommenda- pays monthly benefits to the retirees to his alleged scheme to sell President tion that a government should not take ac- that the pension plan provided, up to tion. the limits set by law. PBGC requires Obama’s U.S. Senate seat for his own ‘‘(2) PUBLIC OFFICIAL.—The term ‘public of- personal gain. ficial’ means an officer, employee, or elected individuals to retire at age 65 to re- Unfortunately, last year the Supreme or appointed representative, or person acting ceive the maximum retirement benefit. court drastically narrowed the scope of for or on behalf of, the United States, a For years, this law was in conflict with the honest services law in the famous State, or a subdivision of a State, or any de- the Federal Aviation Administration, 2010 Enron decision, Skilling v. U.S. partment, agency or branch of government FAA, requirement that pilots retire by The Court struck down a significant thereof, in any official function, under or by age 60. For commercial airline pilots portion of the law because it was un- authority of any such department, agency, caught between these conflicting poli- constitutionally vague. As a result of or branch of government. cies, their retirement benefits were sig- ‘‘(3) STATE.—The term ‘State’ includes a the Supreme Court review, U.S. pros- State of the United States, the District of nificantly reduced. ecutors reindicted Blagojevich, leaving Columbia, and any commonwealth, territory, Congress partially addressed this out all honest services charges so as or possession of the United States. issue with the passage of the Fair not to complicate the case. Blagojevich ‘‘(4) UNDISCLOSED SELF-DEALING.—The term Treatment of Experienced Pilots Act, later was convicted on just one charge. ‘undisclosed self-dealing’ means that— which was signed into law on December

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.048 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2956 CONGRESSIONAL RECORD — SENATE May 12, 2011 13, 2007. The Act increased the FAA Security Act of 1974 (29 U.S.C. 1322b(a)) is of Utah is introducing this important mandatory retirement age for pilots to amended by adding at the end the following: piece of legislation in the House of age 65. However, the change did noth- ‘‘If, at the time of termination of a plan Representatives so that we can give ing to help those pilots who had al- under this title, or at the time of freezing the states a real voice. Allowing States benefit accrual under a plan pursuant to sub- the option to say no will allow them ready retired. As such, pilots who re- sections (a)(1) and (b) of section 402 of the tired while the FAA age 60 rule was in Pension Protection Act of 2006, regulations the breathing room to decide what effect are still denied the maximum prescribed by the Federal Aviation Adminis- policies are best for them. pension benefit administered by the tration required an individual to separate The Repeal Amendment would allow PBGC and are unable to rejoin the from service as a commercial airline pilot States to remove unnecessary and bur- workforce as pilots. after attaining any age before age 65, this densome Federal laws and regulations. The conflicting FAA and PBGC re- subsection shall be applied to an individual When 2/3 of the States collectively find quirements have had a substantial ad- who is a participant in the plan by reason of a Federal law or regulation so out of such service by substituting such age for age touch and destructive, they will have verse effect on thousands of retired pi- 65.’’. lots. In general, these pilots have had the power to repeal it if they so choose. SEC. 3. EFFECTIVE DATE. States must be given back their role their maximum retirement benefit re- The amendments made by this Act shall duced by one-third. For example, the as an equal partner in addressing the apply to benefits payable on or after the date needs and issues of the people of the maximum benefit from the PBGC for of enactment of this Act. someone that retired at age 65 in 2006 is United States. The growing Federal $47,659 a year. For those who retired at By Mr. ENZI (for himself, Mr. Government must be put in check and age 60 of that same year, the maximum BARRASSO, Mr. HATCH, Mr. I believe that the Repeal Amendment is $30,978. Our legislation ends this un- RISCH, and Mr. CORNYN): will do just that. fair penalty. The Pension Benefit Guar- S.J. Res. 12. A joint resolution pro- f anty Corporation Pilots Equitable posing an amendment to the Constitu- SUBMITTED RESOLUTIONS Treatment Act would direct the PBGC tion of the United States to give States to calculate pension benefits based on the right to repeal Federal laws and retirement eligibility beginning at age regulations when ratified by the legis- SENATE RESOLUTION 181—DESIG- 60 instead of age 65 for retired pilots latures of two-thirds of the several NATING MAY 15, 2011, AS ‘‘NA- whose pensions are affected by the dis- States; to the Committee on the Judi- TIONAL MPS AWARENESS DAY’’ crepancy between the FAA and PBGC ciary. Mr. GRAHAM (for himself, Mr. retirement requirements. We must pass Mr. ENZI. Mr. President, I rise today CONRAD, Mr. BURR, Mr. INOUYE, Mr. this bill to provide some relief for pi- to discuss the growing burdens placed BEGICH, Mr. KERRY, and Ms. MUR- lots from Aloha Airlines, Delta, TWA, on states by our Federal Government KOWSKI) submitted the following reso- United Airlines, and US Airways, as in recent years and how we can stop lution, which was considered and well as other pilots who have had their this trend. agreed to: pensions terminated and taken over by Our States have faced many Federal S. RES. 181 the PBGC and suffer from this wrongly mandates in recent years that have Whereas mucopolysaccharidosis (referred imposed penalty. hurt, not helped, the citizenry of our to in this resolution as ‘‘MPS’’) are a group I urge my colleagues to support this country. In 2009 alone, the Federal of genetically determined lysosomal storage bill so that we can finally correct this Government issued over 3,300 new rules diseases that render the human body incapa- wrong. and regulations. This puts the total ble of producing certain enzymes needed to Mr. President, I ask unanimous con- number of Federal rules and regula- break down complex carbohydrates; Whereas MPS diseases cause complex car- sent that the text of the bill be printed tions placed on our States and citizens at around 75,000 as of 2010. In addition, bohydrates to be stored in almost every cell in the RECORD. in the body and progressively cause cellular There being no objection, the text of incredible price tags have been placed damage; the bill was ordered to be printed in on our citizens due to these laws and Whereas the cellular damage caused by the RECORD, as follows: regulations. Our country is facing tril- MPS— S. 998 lions of dollars in debt and forcing fur- (1) adversely affects the human body by damaging the heart, respiratory system, Be it enacted by the Senate and House of Rep- ther expenses onto our taxpayers is in- bones, internal organs, and central nervous resentatives of the United States of America in excusable. This Federal top-down approach does system; and Congress assembled, (2) often results in intellectual disabilities, SECTION 1. SHORT TITLE. not encourage a strong economy. short stature, corneal damage, joint stiff- This Act may be cited as the ‘‘Pension States and local governments should ness, loss of mobility, speech and hearing im- Benefit Guaranty Corporation Pilots Equi- have the ability to address the needs of pairment, heart disease, hyperactivity, table Treatment Act’’. their citizens in ways that actually fix chronic respiratory problems, and, most im- SEC. 2. AGE REQUIREMENT FOR AIRLINE PILOTS. the problem without their hands being portantly, a drastically shortened life span; (a) SINGLE-EMPLOYER PLAN BENEFITS tied by burdensome Federal rules, reg- Whereas symptoms of MPS are usually not GUARANTEED.—Section 4022(b)(3) of the Em- ulations, and laws. I have always be- apparent at birth; Whereas, without treatment, the life ex- ployee Retirement Income Security Act of lieved that the ingenuity of individuals 1974 (29 U.S.C. 1322(b)(3)) is amended by in- pectancy of an individual afflicted with MPS serting at the end the following: ‘‘If, at the should not be hampered and top-down begins to decrease at a very early stage in time of termination of a plan under this approaches do just that. As of now, the life of the individual; title, or at the time of freezing benefit accru- states have one recourse, go through Whereas research has resulted in the devel- als under a plan pursuant to subsections the court system which is already opment of limited treatments for some MPS (a)(1) and (b) of section 402 of the Pension backlogged. diseases; Protection Act of 2006, regulations pre- No matter who has the political Whereas promising advancements in the scribed by the Federal Aviation Administra- power within our Federal Government, pursuit of treatments for additional MPS tion required an individual to separate from States need to have the ability to force diseases are underway as of the date of service as a commercial airline pilot after agreement to this resolution; attaining any age before age 65, this para- the Federal Government to reconsider Whereas, despite the creation of new rem- graph shall be applied to an individual who is laws and regulations that do not sup- edies, the blood-brain barrier continues to be a participant in the plan by reason of such port them. Providing states with the a significant impediment to effectively service by substituting such age for age 65. option of repealing any Federal law or treating the brain, which prevents the treat- The calculation of benefit liabilities and un- regulation is the next step. Allowing a ment of many of the symptoms of MPS; funded benefit liabilities under this section, repeal option would also institute a Whereas the quality of life of the individ- and the allocation of assets under section check against egregious congressional uals afflicted with MPS, and the treatments 4044, shall not reflect any additional benefits actions and especially un-elected bu- available to those individuals, will be en- the corporation must guarantee due to the hanced through the development of early de- application of the preceding sentence.’’. reaucratic action. tection techniques and early intervention; (b) AGGREGATE LIMIT ON BENEFITS GUARAN- Today, I am introducing the Repeal Whereas treatments and research advance- TEED; CRITERIA APPLICABLE.—Section Amendment to address this issue. My ments for MPS are limited by a lack of 4022B(a) of the Employee Retirement Income colleague Representative ROB BISHOP awareness about MPS diseases;

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.055 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2957 Whereas the lack of awareness about MPS least 6 fatalities, destroyed more than 160 Cumberland, Currituck, Greene, Halifax, diseases extends to individuals within the homes, and caused damage to more than 800 Harnett, Hertford, Hoke, Johnston, Lee medical community; homes and businesses; Onslow, Pitt, Robeson, Sampson, Tyrell, Whereas the cellular damage that is caused Whereas a number of tornadoes touched Wake, and Wilson; by MPS makes MPS a model for the study of down in the Virginia counties of Gloucester, Whereas the tornado that swept from many other degenerative genetic diseases; Goochland, Halifax, Middlesex, Pulaski, Neshoba County, Mississippi to Noxubee and Shenandoah, and Washington; County, Mississippi was just the second EF5 Whereas the development of effective Whereas in April 2011, devastating storms tornado recorded in the State of Mississippi therapies and a potential cure for MPS dis- and at least 30 tornadoes resulted in 24 fa- since 1966; eases can be accomplished by increased talities in the State of North Carolina; Whereas April 27, 2011, marks the third awareness, research, data collection, and in- Whereas the Tuscaloosa-Birmingham tor- highest number of tornado-related fatalities formation distribution: Now, therefore, be it nado of April 27, 2011, which caused at least occurring in a single day since March 18, Resolved, That the Senate— 65 fatalities and more than 1,000 injuries, had 1925, when a series of tornadoes caused 747 fa- (1) designates May 15, 2011, as ‘‘National a maximum width of 1.5 miles and a track talities across 7 States; MPS Awareness Day’’; and length of 80 miles; Whereas as of the date of approval of this (2) supports the goals and ideals of ‘‘Na- Whereas Smithville, Mississippi, a town of resolution, the total number of fatalities re- tional MPS Awareness Day’’. fewer than 900, lost 15 of its citizens, as well sulting from the devastating storms and tor- f as its post office, school, city hall, most of nadoes remains unknown; its churches, and almost every home; Whereas the suffering and distress of thou- SENATE RESOLUTION 182—EX- Whereas an Enhanced Fujita category 5 sands of people affected by the storms and PRESSING THE CONDOLENCES OF (referred to in this preamble as an ‘‘EF5’’) tornadoes is ongoing, particularly for those THE UNITED STATES TO THE tornado is defined by the National Weather who lost loved ones, homes, and livelihoods; VICTIMS OF THE DEVASTATING Service of the National Oceanic and Atmos- Whereas immediate humanitarian aid is TORNADOES THAT TOUCHED pheric Administration as the rarest and critically needed in many of the devastated DOWN IN THE SOUTH IN APRIL most severe type of tornado, with sustained regions; 2011, COMMENDING THE RESIL- winds of greater than 200 miles per hour and Whereas the local emergency responders, that results in total destruction of well- National Guard, and many ordinary citizens IENCY OF THE PEOPLE OF THE built, structurally-sound buildings; of the affected regions have risked their lives AFFECTED STATES, INCLUDING Whereas 3 of the 5 EF5 rated tornadoes re- to save others; THE PEOPLE OF THE STATES OF corded in the United states since 2000 oc- Whereas throughout the crisis, doctors, ALABAMA, TENNESSEE, MIS- curred as part of the April 25 through 28, 2011 nurses, and medical personnel in the affected SISSIPPI, GEORGIA, VIRGINIA, tornado outbreak in the States of Mississippi regions worked expeditiously to ensure that AND NORTH CAROLINA, AND and Alabama; hospitals, medical centers, and triage units COMMITTING TO STAND BY THE Whereas the Washington County, Virginia provided needed care; PEOPLE AFFECTED IN THE RE- tornado traveled approximately 14 miles and Whereas many faith-based organizations had a maximum path width of 2 miles; and other volunteer organizations and char- LIEF AND RECOVERY EFFORTS Whereas the National Weather Service es- ities are supplying the victims of the storms Mr. SESSIONS (for himself, Mr. timates that 40 tornadoes hit the State of and tornadoes with food, water, and shelter; SHELBY, Mr. ALEXANDER, Mr. CORKER, Tennessee from April 27 through 28, 2011; Whereas the Alabama, Tennessee, Mis- Mr. COCHRAN, Mr. WICKER, Mr. Whereas the National Weather Service has sissippi, Georgia, Virginia, and North Caro- confirmed that a total of 15 tornadoes hit the lina Emergency Management Agencies, the CHAMBLISS, Mr. ISAKSON, Mr. BURR, and State of Georgia throughout the period of first responders in the affected communities, Mrs. HAGAN) submitted the following April 25 through 28, 2011, including a power- and countless volunteers immediately came resolution; which was considered and ful EF4 tornado which devastated the city of to the aid of those affected by the storms; agreed to: Ringgold, Georgia; Whereas the Governor of Alabama, Robert S. RES. 182 Whereas dozens of rural communities Bentley, the Governor of Tennessee, Bill Whereas during the month of April 2011, a throughout the South, including in the Haslam, the Governor of Mississippi, Haley historic series of powerful storms and torna- States of Alabama, Mississippi, Georgia, Barbour, the Governor of Georgia, Nathan does tracked across the South; Tennessee, Virginia, and North Carolina, Deal, the Governor of Virginia, Robert Whereas preliminary estimates of the Na- have been decimated by the devastating McDonnell, and the Governor of North Caro- tional Oceanic and Atmospheric Administra- storms and tornadoes of April 2011; lina, Beverly Perdue, reacted swiftly and tion indicate that more than 600 tornadoes Whereas more than 500 homes were dam- with great leadership in the immediate were produced by storms that occurred aged or destroyed in the State of Tennessee aftermath of the destructive storms and tor- across the United States in April 2011; as a result of the devastating storms and tor- nadoes; Whereas preliminary estimates of the Na- nadoes; Whereas President Obama responded tional Oceanic and Atmospheric Administra- Whereas the massive storms impacted cit- quickly and efficiently to approve the re- tion indicate that 305 tornadoes were pro- ies and towns in the State of Alabama, in- quests made by Governors Bentley, Haslam, duced by storms that occurred across the cluding Arab, Berry, Birmingham, Concord, Barbour, Deal, and Perdue for Federal dis- South during the period of April 25 through Eclectic, Forkland, Fultondale, Hackleburg, aster assistance; 28, 2011; Phil Campbell, Pleasant Grove, Rainsville, Whereas in response to the declaration by Whereas the previous record number of tor- and Tuscaloosa; the President of a major disaster, the Ad- nadoes occurring during the month of April Whereas President Obama declared 10 ministrator of the Federal Emergency Man- was 267 tornadoes, which was set in April counties in the State of Tennessee to be in a agement Agency has made federal disaster 1974, and the previous record number of tor- state of major disaster and approved the re- assistance available for the State of Ala- nadoes during any month was 542 tornadoes, quest made by Governor Haslam for Federal bama and elsewhere in the South to assist in which was set in May 2003; disaster assistance; local recovery efforts; and Whereas the National Oceanic and Atmos- Whereas the tornado that swept from Mon- Whereas thousands of volunteers and gov- pheric Administration estimates that there roe County, Mississippi into Marion County, ernment employees from across the United were at least 358 fatalities as a result of the Alabama and destroyed Smithville, Mis- States have committed time and resources storms and tornadoes in April 2011; sissippi was— to help with recovery efforts: Now, therefore, Whereas as of the date of approval of this (1) the sixth deadliest tornado ever re- be it resolution, the number of fatalities resulting corded in the State of Mississippi; Resolved, That the Senate— from the devastating storms and tornadoes (2) the first EF5 tornado recorded in the (1) expresses the heartfelt condolences of in the State of Alabama is approaching 250; State of Mississippi since 1966; and the Senate to the families and friends of Whereas there were 38 fatalities resulting (3) the first EF5 tornado recorded in the those who lost their lives, homes, and liveli- from the devastating storms and tornadoes United States since May 2008. hoods in the tragic storms and tornadoes of in the State of Tennessee; Whereas the massive storms and tornadoes April 2011; Whereas tornadoes in the State of Mis- caused widespread damage in the Georgian (2) commends the resiliency and courage of sissippi resulted in at least 35 fatalities, at counties of Bartow, Catoosa, Cherokee, the people of the affected States, including least 163 injuries, and at least 2,500 damaged Coweta, Dade, Floyd, Gordon, Greene, the people of the States of Alabama, Ten- homes, of which approximately 1,000 were se- Habersham, Harris, Heard, Lamar, Lumpkin, nessee, Mississippi, Georgia, Virginia, and verely damaged or destroyed; Meriwether, Monroe, Morgan, Newton, Pick- North Carolina; Whereas as of the date of approval of this ens, Polk, Rabun, Spalding, Troup, Upson, (3) extends the wishes of the Senate for a resolution, the total number of fatalities in Walker, and White; full recovery for all those who were injured the State of Georgia is at least 15; Whereas the massive storms and tornadoes in the storms and tornadoes; Whereas tornadoes and massive storms in caused widespread damage in the North (4) extends the thanks of the Senate to the the Commonwealth of Virginia resulted in at Carolina counties of Bertie, Bladen, Craven, forecasters, first responders, firefighters, law

VerDate Mar 15 2010 03:13 May 13, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.058 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2958 CONGRESSIONAL RECORD — SENATE May 12, 2011 enforcement personnel, volunteers, and med- (2) calls on the people of the United States Whereas his service as floor leader during ical personnel who took quick action to pro- to observe ‘‘National Police Survivors Day’’ the Senate’s consideration of the Civil vide warnings, aid, and comfort to the vic- with appropriate ceremonies to pay respect Rights Act of 1964 was essential to the even- tims of the storms and tornadoes; to— tual passage of the Act in the aftermath of (5) commits to provide the necessary re- (A) the survivors of the fallen heroes of law breaking the filibuster against this historic sources and to stand by the people of the af- enforcement; and legislation; fected States, including the people of the (B) the fallen law enforcement officers Whereas Hubert Humphrey, although a States of Alabama, Tennessee, Mississippi, who, through their courageous deeds, have dedicated leader of the Democratic Party, al- Georgia, Virginia, and North Carolina, in the made the ultimate sacrifice in service to the ways sought bipartisan support for his legis- relief, recovery, and rebuilding efforts; and community. lative goals and routinely shared credit with other Senators for his legislative victories; (6) stands with the people affected by the f storms and tornadoes, including the people Whereas Hubert Humphrey, as Vice Presi- of the States of Alabama, Tennessee, Mis- SENATE RESOLUTION 184—RECOG- dent of the United States, loyally served sissippi, Georgia, Virginia, and North Caro- NIZING THE LIFE AND SERVICE President Lyndon Baines Johnson and suc- lina, as those people begin the healing proc- OF THE HONORABLE HUBERT H. cessfully carried out a number of domestic ess following this terrible event. HUMPHREY, DISTINGUISHED and overseas assignments; Whereas Hubert Humphrey, as the Demo- f FORMER SENATOR FROM THE cratic Party’s nominee for President of the STATE OF MINNESOTA AND SENATE RESOLUTION 183—DESIG- United States in 1968, waged one of the most FORMER VICE PRESIDENT OF courageous and hard-fought campaigns in NATING MAY 14, 2011, AS ‘‘NA- THE UNITED STATES, UPON THE the history of the United States, losing to TIONAL POLICE SURVIVORS 100TH ANNIVERSARY OF HIS Richard Nixon by less than 1 percentage DAY’’ BIRTH point of the popular vote when he started the Ms. MURKOWSKI (for herself, Mrs. campaign some 15 points behind; Ms. KLOBUCHAR (for herself and Mr. Whereas Hubert Humphrey was reelected MURRAY, Mr. KERRY, Ms. MIKULSKI, Mr. FRANKEN) submitted the following res- by the people of Minnesota (in 1970 and 1976) MCCONNELL, Mrs. FEINSTEIN, and Mr. olution; which was referred to the to 2 additional terms in the Senate, thereby WHITEHOUSE) submitted the following Committee on the Judiciary: continuing his extraordinary record of legis- resolution; which was considered and S. RES. 184 lative achievement with passage of such bills agreed to: as the Humphrey-Hawkins Full Employment Whereas Hubert H. Humphrey was born in Act; S. RES. 183 Wallace, South Dakota on May 27, 1911; Whereas Hubert Humphrey, terminally ill Whereas the National Law Enforcement Whereas Hubert Humphrey, from his early with cancer, pursued his active public life Officers Memorial in Judiciary Square in years, recognized the importance of public with great courage, fortitude, and good Washington, D.C. lists on a Wall of Remem- service by becoming a registered pharmacist humor, and in the memorable words of Vice brance the names of more than 19,000 law en- and serving his friends and neighbors in the President Walter F. Mondale at Hubert Hum- forcement officers who have died in the line Humphrey Drug Store in Huron, South Da- phrey’s memorial observance in the rotunda of duty; kota from 1933 to 1937; of the United States Capitol, ‘‘Hubert Hum- Whereas in the United States, 1 law en- Whereas Hubert Humphrey received a phrey taught us how to live and he taught us forcement officer is killed every 53 hours; Bachelor of Arts degree in political science how to die’’; and Whereas in 2010, 152 law enforcement offi- from the University of Minnesota in 1939 and Whereas the life and service of Hubert cers lost their lives in the line of duty; a Masters of Arts degree from Louisiana Humphrey were posthumously honored by Whereas on May 14, 1983, on the eve of the State University in 1940, subsequently teach- Congress with the presentation of the Con- 2nd annual National Peace Officers’ Memo- ing political science at Macalester College gressional Gold Medal, and by the President rial Service, 10 widows of fallen law enforce- from 1943 to 1944 and at Macalester College of the United States with the award of the ment officers came together to discuss the and the University of Minnesota from 1969 to Medal of Freedom: Now, therefore, be it lack of support for law enforcement sur- 1970; Resolved, That the Senate— vivors; Whereas Hubert Humphrey served in a va- (1) honors the life, achievements, and dis- Whereas 1 year later, that discussion led to riety of leadership positions in Minnesota tinguished career of Senator and Vice Presi- the formation of Concerns of Police Sur- during World War II, dealing with war pro- dent Hubert H. Humphrey upon the occasion vivors, Inc. at the 1st annual National Police duction, employment, and manpower; of his 100th birthday; Survivors’ Seminar, which drew 110 law en- Whereas Hubert Humphrey served as (2) recognizes that Hubert H. Humphrey’s forcement survivors from throughout the Mayor of Minneapolis from 1945 to 1948, and legislative achievements helped resolve United States; during his tenure as mayor, he drove orga- many of this Nation’s most polarizing issues, Whereas Concerns of Police Survivors, Inc. nized crime from the city and, among other such as civil rights, equal opportunity, and has grown to serve more than 15,000 sur- achievements, created the Nation’s first mu- nuclear arms control; and viving families of fallen law enforcement of- nicipal equal employment opportunity com- (3) acknowledges the importance of a vi- ficers by providing healing, love, and the op- mission; brant and responsive public sector, as illus- portunity for a renewed life; Whereas Hubert Humphrey was a driving trated by the numerous legislative achieve- Whereas Concerns of Police Survivors, Inc. force behind the creation of the Democratic ments of Hubert H. Humphrey and his life- and its 52 chapters throughout the United Farmer-Labor Party in Minnesota and was a time of service to all people in the United States provide a program of peer support and founding member of Americans for Demo- States and to people around the world. counseling to law enforcement survivors, cratic Action in the aftermath of World War f help survivors obtain the death benefits to II; which they are entitled, and sponsor scholar- Whereas Hubert Humphrey led forces at SENATE CONCURRENT RESOLU- ships to enable children and surviving the 1948 Democratic National Convention in TION 17—EXPRESSING THE spouses to pursue postsecondary education; Philadelphia in support of the minority plat- SENSE OF CONGRESS THAT TAI- Whereas Concerns of Police Survivors, Inc. form plank on civil rights and equal oppor- WAN SHOULD BE ACCORDED OB- sponsors a year-round series of seminars, tunity, challenging the delegates to ‘‘walk SERVER STATUS IN THE INTER- meetings, and youth activities, including the out of the shadow of States’ rights into the NATIONAL CIVIL AVIATION OR- National Police Survivors’ Seminar during bright sunshine of human rights,’’ resulting National Police Week, retreats for parents, in the convention’s adoption of the minority GANIZATION (ICAO) spouses, and siblings, and programs and sum- plank; Mr. MENENDEZ (for himself, Mr. mer activities for children; Whereas in 1948, Hubert Humphrey became INHOFE, Mr. WYDEN, Mr. BROWN of Ohio, Whereas Concerns of Police Survivors, Inc. the first Democrat from Minnesota elected Mr. CARDIN, Mr. COATS, Mr. BARRASSO, helps law enforcement agencies cope with to the Senate; Mr. CRAPO, and Mr. KYL) submitted the the loss of an officer by promoting the adop- Whereas during his total 23 years of service following concurrent resolution; which tion of standardized policies and procedures in the Senate (including service from 1949 to was referred to the Committee on For- for line-of-duty deaths; and 1964 and service from 1970 to 1978), Hubert Whereas Concerns of Police Survivors, Inc. Humphrey compiled a record of accomplish- eign Relations: inspires the public to recognize the sacrifices ment virtually unmatched in the 20th cen- S. CON. RES. 17 made by law enforcement families by en- tury, encompassing, among other issues, Whereas the Convention on International couraging all citizens of the United States to civil and human rights, workforce develop- Civil Aviation, signed in Chicago, Illinois, on tie a blue ribbon to their car antenna during ment, labor rights, health care, arms control December 7, 1944, and entered into force National Police Week: Now, therefore, be it and disarmament, the Peace Corps, small April 4, 1947, approved the establishment of Resolved, That the Senate— business assistance, education reform, wil- the International Civil Aviation Organiza- (1) designates May 14, 2011, as ‘‘National derness preservation, immigration reform, tion (ICAO), stating ‘‘The aims and objec- Police Survivors Day’’; and and agriculture; tives of the Organization are to develop the

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The hearing air navigation and to foster the planning and through granting of observer status: Now, will be held on Thursday, May 19, 2011, development of international air transport therefore, be it at 10 a.m., in room SD–366 of the Dirk- so as to . . . meet the needs of the peoples of Resolved by the Senate (the House of Rep- sen Senate Office Building. the world for safe, regular, efficient and eco- resentatives concurring), That it is the sense nomical air transport’’; of Congress that— The purpose of this hearing is to re- Whereas, following the terrorist attacks of (1) meaningful participation by the Gov- ceive testimony on policies to reduce September 11, 2001, the ICAO convened a ernment of Taiwan as an observer in the oil consumption through the pro- high-level Ministerial Conference on Avia- meetings and activities of the International motion of advanced vehicle tech- tion Security that endorsed a global strategy Civil Aviation Organization (ICAO) will con- nologies and accelerated deployment of for strengthening aviation security world- tribute both to the fulfillment of the ICAO’s electric-drive vehicles, as proposed in wide and issued a public declaration that ‘‘a overarching mission and to the success of a S. 734 and S. 948. uniform approach in a global system is es- global strategy to address aviation security Because of the limited time available sential to ensure aviation security through- threats based on effective international co- out the world and that deficiencies in any operation; for the hearing, witnesses may testify part of the system constitute a threat to the (2) the United States Government should by invitation only. However, those entire global system,’’ and that there should take a leading role in garnering inter- wishing to submit written testimony be a commitment to ‘‘foster international national support for the granting of observer for the hearing record may do so by cooperation in the field of aviation security status to Taiwan in the ICAO for the purpose sending it to the Committee on Energy and harmonize the implementation of secu- of such participation; and and Natural Resources, United States rity measures’’; (3) the Department of State should provide Whereas, the 37th ICAO Assembly in Octo- Senate, Washington, DC 20510–6150, or briefings to or consult with Congress on any by e-mail to AbigaillCampbell ber 2010 adopted a Declaration on Aviation efforts conducted by the United States Gov- Security largely in response to the at- ernment in support of Taiwan’s attainment @energy.senate.gov. tempted sabotage of Northwest Airlines of observer status in the ICAO. For further information, please con- Flight 253 on December 25, 2009, which estab- tact Mike Carr or Abigail Campbell. lished new criminal penalties for the use of f f civil aircraft as a weapon, the use of dan- NOTICES OF HEARINGS gerous materials to attack aircraft or other AUTHORITY FOR COMMITTEES TO targets on the ground, and the unlawful COMMITTEE ON ENERGY AND NATURAL MEET transport of biological, chemical, and nu- RESOURCES clear weapons and related materials, along COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. BINGAMAN. Mr. President, I AFFAIRS with extradition arrangements that facili- would like to announce for the infor- tate cooperation among nations in appre- Mrs. MURRAY. Mr. President, I ask mation of the Senate and the public hending and prosecuting those who have un- unanimous consent that the Com- that a hearing has been scheduled be- dertaken these and other criminal acts; mittee on Banking, Housing, and fore the Committee on Energy and Nat- Whereas on October 8, 2010, the Depart- Urban Affairs be authorized to meet ment of State praised the 37th ICAO Assem- ural Resources. The hearing will be during the session of the Senate on bly on its adoption of the Declaration on held on Tuesday, May 17, 2011, at 10 May 12, 2011, at 9:30 a.m. Aviation Security, but noted that ‘‘because a.m., in room SD–366 of the Dirksen The PRESIDING OFFICER. Without every airport offers a potential entry point Senate Office Building. into this global system, every nation faces objection, it is so ordered. the threat from gaps in aviation security The purpose of the hearing will be to hear testimony on the following bills COMMITTEE ON ENERGY AND NATURAL throughout the world — and all nations must RESOURCES share the responsibility for securing that related to oil and gas development: Mrs. MURRAY. Mr. President, I ask system’’; S. 516. A bill to extend outer Conti- Whereas the Taipei Flight Information Re- nental Shelf leases to accommodate unanimous consent that the Com- gion, under the jurisdiction of Taiwan, ROC, permitting delays and to provide opera- mittee on Energy and Natural Re- covers an airspace of 176,000 square nautical tors time to meet new drilling and sources be authorized to meet during miles and provides air traffic control serv- safety requirements. the session of the Senate on May 12, ices to over 1,350,000 flights annually, with 2011, at 9 a.m., in room 366 of the Dirk- the Taiwan Taoyuan International Airport S. 843. A bill to establish outer Conti- nental Shelf lease and permit proc- sen Senate Office Building. recognized as the 8th and 18th largest airport The PRESIDING OFFICER. Without by international cargo volume and number essing coordination offices, and for of international passengers, respectively; other purposes. objection, it is so ordered. Whereas exclusion from the ICAO since S. 916. A bill to facilitate appropriate COMMITTEE ON FINANCE 1971 has impeded the efforts of the Govern- oil and gas development on Federal Mrs. MURRAY. Mr. President, I ask ment of Taiwan to maintain civil aviation land and waters, to limit dependence of unanimous consent that the Com- practices that comport with evolving inter- mittee on Finance be authorized to national standards, due to its inability to the United States on foreign sources of contact the ICAO for up-to-date information oil and gas, and for other purposes. meet during the session of the Senate on aviation standards and norms, secure S. 917. A bill to amend the Outer Con- on May 12, 2011, at 9 a.m., in room SD– amendments to the organization’s regula- tinental Shelf Lands Act to reform the 215 of the Dirksen Senate Office Build- tions in a timely manner, obtain sufficient management of energy and mineral re- ing, to conduct a hearing entitled ‘‘Oil and timely information needed to prepare for sources on the Outer Continental Shelf, and Gas Tax Incentives and Rising En- the implementation of new systems and pro- and for other purposes. ergy Prices.’’ cedures set forth by the ICAO, receive tech- Because of the limited time available The PRESIDING OFFICER. Without nical assistance in implementing new regula- objection, it is so ordered. tions, and participate in technical and aca- for the hearing, witnesses may testify demic seminars hosted by the ICAO; by invitation only. However, those COMMITTEE ON FOREIGN RELATIONS Whereas the United States, in the 1994 Tai- wishing to submit written testimony Mrs. MURRAY. Mr. President, I ask wan Policy Review, clearly declared its sup- for the hearing record may do so by unanimous consent that the Com- port for the participation of Taiwan in ap- sending it to the Committee on Energy mittee on Foreign Relations be author- propriate international organizations, in and Natural Resources, United States ized to meet during the session of the particular, on September 27, 1994, with the Senate, Washington, DC 20510–6150, or Senate on May 12, 2011, at 9:15 a.m., to announcement by the Assistant Secretary of State for East Asian and Pacific Affairs that, by e-mail to MeaganlGins@energy hold a hearing entitled ‘‘Assessing the pursuant to the Review and recognizing Tai- .senate.gov. Situation in Libya.’’ wan’s important role in transnational issues, For further information, please con- The PRESIDING OFFICER. Without the United States ‘‘will support its member- tact Linda Lance or Meagan Gins. objection, it is so ordered. ship in organizations where statehood is not COMMITTEE ON ENERGY AND NATURAL COMMITTEE ON HEALTH, EDUCATION, LABOR, a prerequisite, and [the United States] will RESOURCES AND PENSIONS support opportunities for Taiwan’s voice to Mr. BINGAMAN. Mr. President, I Mrs. MURRAY. Mr. President, I ask be heard in organizations where its member- ship is not possible’’; and would like to announce for the infor- unanimous consent that the Com- Whereas ICAO rules and existing practices mation of the Senate and the public mittee on Health, Education, Labor, have allowed for the meaningful participa- that a hearing has been scheduled be- and Pensions be authorized to meet, tion of noncontracting countries as well as fore the Senate Committee on Energy during the session of the Senate, to

VerDate Mar 15 2010 04:19 May 13, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.066 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2960 CONGRESSIONAL RECORD — SENATE May 12, 2011 conduct a hearing entitled ‘‘The En- The PRESIDING OFFICER. Without Urban Affairs, Subcommittee on Hous- dangered Middle Class: Is the American objection, it is so ordered. ing, Transportation, and Community Dream Slipping Out of Reach for Amer- SELECT COMMITTEE ON INTELLIGENCE Development, be authorized to meet ican Families?’’ on May 12, 2011, at 9:15 Mrs. MURRAY. Mr. President, I ask during the session of the Senate on a.m., in 430 Dirksen Senate Office unanimous consent that the Select May 12, 2011, at 2 p.m., to conduct a Building. Committee on Intelligence be author- hearing entitled ‘‘The Need for Na- The PRESIDING OFFICER. Without ized to meet during the session of the tional Mortgage Servicing Standards.’’ objection, it is so ordered. Senate on May 12, 2011, at 2:30 p.m. The PRESIDING OFFICER. Without COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Without objection, it is so ordered. GOVERNMENTAL AFFAIRS objection, it is so ordered. SUBCOMMITTEE ON SEAPOWER Mrs. MURRAY. Mr. President, I ask SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR Mrs. MURRAY. Mr. President, I ask unanimous consent that the Com- SAFETY unanimous consent that the Sub- mittee on Homeland Security and Gov- Mrs. MURRAY. Mr. President, I ask committee on Seapower of the Com- ernmental Affairs be authorized to unanimous consent that the Sub- mittee on Armed Services be author- meet during the session of the Senate committee on Clean Air and Nuclear ized to meet during the session of the on May 12, 2011, at 2:30 p.m. to conduct Safety of the Committee on Environ- Senate on May 12, 2011, at 2:30 p.m. a hearing entitled ‘‘Ten Years After 9/ ment and Public Works be authorized The PRESIDING OFFICER. Without 11: Is Intelligence Reform Working?’’ to meet during the session of the Sen- objection, it is so ordered. The PRESIDING OFFICER. Without ate on May 12, 2011, at 2:30 p.m. in objection, it is so ordered. Dirksen 406 to conduct a hearing enti- f COMMITTEE ON THE JUDICIARY tled ‘‘Federal Efforts to Protect Public PRIVILEGES OF THE FLOOR Mrs. MURRAY. Mr. President, I ask Health by Reducing Diesel Emissions.’’ unanimous consent that the Com- The PRESIDING OFFICER. Without Mrs. MURRAY. Mr. President, I ask mittee on the Judiciary be authorized objection, it is so ordered. unanimous consent that Carol Bruce to meet during the session of the Sen- SUBCOMMITTEE ON HOUSING, TRANSPORTATION, and Brian Solarz, with the Senate Eth- ate, on May 12, 2011, at 9:30 a.m., in SD– AND COMMUNITY DEVELOPMENT ics Committee, be granted the privilege 226 of the Dirksen Senate Office Build- Mrs. MURRAY. Mr. President, I ask of the floor during today’s session. ing, to conduct an executive business unanimous consent that the Com- The PRESIDING OFFICER. Without meeting. hmittee on Banking, Housing, and objection, it is so ordered. FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Tim Rieser: United States ...... Dollar ...... 923.86 ...... 923.86 Colombia ...... Peso ...... 175.00 ...... 175.00 Mexico ...... Peso ...... 566.00 ...... 566.00 Senator Richard Durbin: United States ...... Dollar ...... 9,742.70 ...... 9,742.70 Lithuania ...... Litas ...... 325.64 ...... 325.64 Belarus ...... Ruble ...... 271.99 ...... 271.99 Chris Homan: United States ...... Dollar ...... 8,018.70 ...... 8,018.70 Lithuania ...... Litas ...... 418.64 ...... 418.64 Belarus ...... Ruble ...... 242.48 ...... 242.48 Margaret Cummisky: United States ...... Dollar ...... 11,812.00 ...... 11,812.00 Chile ...... Peso ...... 970.18 ...... 970.18 Jean Toal Eisen: United States ...... Dollar ...... 11,812.00 ...... 11,812.00 Chile ...... Peso ...... 1,276.00 ...... 1,276.00 Allen Cutler: United States ...... Dollar ...... 12,012.00 ...... 12,012.00 Chile ...... Peso ...... 1,276.00 ...... 1,276.00 Paul Grove: United States ...... Dollar ...... 10,712.30 ...... 10,712.30 Thailand ...... Baht ...... 542.00 ...... 542.00 Laos ...... Kip ...... 458.00 ...... 458.00 Burma ...... Kyat ...... 106.00 ...... 106.00 Michele Wymer: United States ...... Dollar ...... 12,966.50 ...... 12,966.50 Democratic Republic of the Congo ...... Franc ...... 420.00 ...... 420.00 Rwanda ...... Franc ...... 144.00 ...... 144.00 Senator Lamar Alexander: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 Erin Reif: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 Senator Thad Cochran: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 Janet Stormes: United States ...... Dollar ...... 10,641.70 ...... 10,641.70 Georgia ...... Lari ...... 90.00 ...... 90.00 Turkey ...... Lira ...... 67.00 ...... 67.00 Michele Wyner: United States ...... Dollar ...... 13,580.50 ...... 13,580.50

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Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Georgia ...... Lari ...... 296.00 ...... 296.00 Turkey ...... Lira ...... 354.00 ...... 354.00 Russia ...... Rubles ...... 368.00 ...... 368.00 Paul Grove: United States ...... Dollar ...... 3,090.90 ...... 3,090.90 Saudi Arabia ...... Riyal ...... 148.00 ...... 148.00 Jordan ...... Dinar ...... 254.00 ...... 254.00 Senator Patrick Leahy: Dominican Republic ...... Peso ...... 540.00 ...... 540.00 Nikole Manatt: Dominican Republic ...... Peso ...... 315.28 ...... 315.28 Tim Rieser: Dominican Republic ...... Peso ...... 316.82 ...... 316.82 Senator Jon Tester: United States ...... Dollar ...... 11,110.50 ...... 11,110.50 Afghanistan ...... Dollar ...... 156.00 ...... 156.00 James Wise: United States ...... Dollar ...... 11,110.50 ...... 11,110.50 Afghanistan ...... Dollar ...... 156.00 ...... 156.00 Senator Lamar Alexander: United Kingdom ...... Pound ...... 44.25 ...... 44.25 United States ...... Dollar ...... 7,495.30 ...... 7,495.30 Total ...... 12,986.03 ...... 127,534.16 ...... 140,520.19 SENATOR DANIEL K. INOUYE, Chairman, Committee on Appropriations, April 14, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator James M. Inhofe: United Arab Emirates ...... Dollar ...... 14.00 ...... 14.00 United States ...... Dollar ...... 11,060.10 ...... 11,060.10 Anthony Lazarski: United States ...... Dollar ...... 11,060.10 ...... 11,060.10 United Arab Emirates ...... Dollar ...... 14.00 ...... 14.00 Senator John McCain: Colombia ...... Dollar ...... 48.44 ...... 48.44 Brazil ...... Dollar ...... 228.39 ...... 228.39 Chile ...... Dollar ...... 138.22 ...... 138.22 Panama ...... Dollar ...... 5.20 ...... 5.20 Brooke F. Buchanan: Colombia ...... Dollar ...... 157.00 ...... 157.00 Brazil ...... Dollar ...... 169.00 ...... 169.00 Chile ...... Dollar ...... 149.00 ...... 149.00 Panama ...... Dollar ...... 146.00 ...... 146.00 David M. Morriss: United States ...... Dollar ...... 7,610.00 ...... 7,610.00 Saudi Arabia ...... Dollar ...... 307.00 ...... 62.00 ...... 369.00 Michael J. Kuiken: United States ...... Dollar ...... 620.40 ...... 620.40 Cuba ...... Peso ...... 530.00 ...... 530.00 Daniel A. Lerner: United States ...... Dollar ...... 9,732.00 ...... 9,732.00 Germany ...... Euro ...... 568.71 ...... 568.71 Belgium ...... Euro ...... 829.56 ...... 829.56 Senator Jack Reed: United States ...... Dollar ...... 11,110.50 ...... 11,110.50 Afghanistan ...... Dollar ...... 10.00 ...... 10.00 Carolyn Chuhta: United States ...... Dollar ...... 11,110.50 ...... 11,110.50 Afghanistan ...... Dollar ...... 18.00 ...... 18.00 Michael J. Noblet: United States ...... Dollar ...... 10,203.00 ...... 86.00 ...... 10,289.00 Belgium ...... Euro ...... 387.00 ...... 387.00 Germany ...... Euro ...... 528.00 ...... 528.00 Adam J. Barker: United States ...... Dollar ...... 10,203.20 ...... 10,203.20 Belgium ...... Dollar ...... 336.00 ...... 336.00 Germany ...... Dollar ...... 672.00 ...... 672.00 Michael J. Kuiken: United States ...... Dollar ...... 10,168.00 ...... 10,168.00 Belgium ...... Euro ...... 387.00 ...... 387.00 Germany ...... Euro ...... 648.00 ...... 648.00 Brooke Buchanan: Germany ...... Dollar ...... 382.00 ...... 382.00 Senator John McCain: Germany ...... Dollar ...... 47.00 ...... 47.00 Lithuania ...... Dollar ...... 92.00 ...... 92.00 Senator Lindsey Graham: United States ...... Dollar ...... 4,409.68 ...... 4,409.68 Germany ...... Dollar ...... 50.00 ...... 50.00 Senator Saxby Chambliss: Germany ...... Euro ...... 50.00 ...... 50.00 Senator Mark Udall: Germany ...... Dollar ...... 115.00 ...... 115.00 Richard W. Fieldhouse: United States ...... Dollar ...... 9,677.00 ...... 9,677.00 Germany ...... Euro ...... 309.00 ...... 309.00 Belgium ...... Euro ...... 554.00 ...... 554.00 Senator Carl Levin: United States ...... Dollar ...... 319.00 ...... 319.00 Cuba ...... Peso ...... 729.00 ...... 729.00 Christian D. Brose: Colombia ...... Dollar ...... 113.00 ...... 113.00 Brazil ...... Dollar ...... 169.00 ...... 169.00

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0624 Sfmt 8634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2962 CONGRESSIONAL RECORD — SENATE May 12, 2011 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Chile ...... Dollar ...... 132.00 ...... 132.00 Panama ...... Dollar ...... 97.00 ...... 97.00 Lithuania ...... Dollar ...... 86.00 ...... 86.00 Germany ...... Dollar ...... 191.00 ...... 191.00 Senator John McCain: Morocco ...... Dollar ...... 188.00 ...... 188.00 Tunisia ...... Dollar ...... 113.54 ...... 113.54 Lebanon ...... Dollar ...... 76.65 ...... 76.65 Jordan ...... Dollar ...... 219.69 ...... 219.69 Israel ...... Dollar ...... 365.13 ...... 365.13 Egypt ...... Dollar ...... 62.57 ...... 62.57 Senator Kay R. Hagan: Afghanistan ...... Dollar ...... 14.00 ...... 14.00 John M. Harney: Afghanistan ...... Dollar ...... 14.00 ...... 14.00 Brooke Buchanan: Morocco ...... Dollar ...... 278.00 ...... 278.00 Tunisia ...... Dollar ...... 276.00 ...... 276.00 Lebanon ...... Dollar ...... 112.00 ...... 112.00 Jordan ...... Dollar ...... 355.00 ...... 355.00 Israel ...... Dollar ...... 392.00 ...... 392.00 Egypt ...... Dollar ...... 142.00 ...... 142.00 Senator Joseph I. Lieberman: Germany ...... Euro ...... 141.50 ...... 141.50 Christopher J. Griffin: Germany ...... Euro ...... 242.00 ...... 242.00 Vance Serchuk: Germany ...... Euro ...... 288.00 ...... 288.00 Christopher J. Paul: United States ...... Dollar ...... 11,540.00 ...... 11,540.00 United Kingdom ...... Dollar ...... 1,161,79 ...... 94.19 ...... 1,255.98 Pablo E. Carrillo: United States ...... Dollar ...... 11,540.80 ...... 11,540.80 United Kingdom ...... Dollar ...... 1,161.79 ...... 94.19 ...... 1,255.98 William G.P. Monahan: United States ...... Dollar ...... 11,075.00 ...... 11,075.00 Yemen ...... Dollar ...... 304.96 ...... 304.96 Afghanistan ...... Dollar ...... 10.00 ...... 10.00 Senator Kay R. Hagan: Dominican Republic ...... Peso ...... 445.41 ...... 445.41 Roger Pena: Dominican Republic ...... Peso ...... 401.41 ...... 401.41 Senator Lindsey Graham: United Kingdom ...... Dollar ...... 6,225.30 ...... 6,225.30 Alice James: United Kingdom ...... Dollar ...... 221.00 ...... 6,225.30 ...... 6,446.30 Senator James M. Inhofe: Burkina Faso ...... Franc ...... 81.41 ...... 81.41 Ethiopia ...... Birr ...... 205.19 ...... 205.19 Israel ...... Shekel ...... 96.50 ...... 96.50 Germany ...... Euro ...... 95.56 ...... 95.56 Luke Holland: Burkina Faso ...... Franc ...... 147.65 ...... 147.65 Ethiopia ...... Birr ...... 254.93 ...... 254.93 Israel ...... Shekel ...... 194.40 ...... 194.40 Germany ...... Euro ...... 180.00 ...... 180.00 Anthony Lazarski: Burkina Faso ...... Franc ...... 74.41 ...... 74.41 Ethiopia ...... Birr ...... 180.19 ...... 180.19 Israel ...... Shekel ...... 135.79 ...... 135.79 Germany ...... Euro ...... 81.80 ...... 81.80 Mark Powers: Burkina Faso ...... Franc ...... 74.36 ...... 74.36 Ethiopia ...... Birr ...... 206.88 ...... 206.88 Israel ...... Shekel ...... 189.31 ...... 189.31 Germany ...... Euro ...... 98.79 ...... 98.79 Christian D. Brose: Morocco ...... Dollar ...... 139.00 ...... 139.00 Tunisia ...... Dollar ...... 211.00 ...... 211.00 Lebanon ...... Dollar ...... 203.00 ...... 203.00 Jordan ...... Dollar ...... 273.00 ...... 273.00 Israel ...... Dollar ...... 317.00 ...... 317.00 Egypt ...... Dollar ...... 129.00 ...... 129.00 Matt Rimkunas: United Kingdom ...... Dollar ...... 367.00 ...... 6,225.00 ...... 6,592.00 Senator Joseph I. Lieberman: Tunisia ...... Dinar ...... 31.65 ...... 31.65 Jordan ...... Dinar ...... 381.27 ...... 381.27 Israel ...... Shekel ...... 255.44 ...... 255.44 Egypt ...... Pound ...... 30.80 ...... 30.80 Vance Serchuk: Tunisia ...... Dinar ...... 111.00 ...... 111.00 Jordan ...... Dinar ...... 341.00 ...... 341.00 Israel ...... Shekel ...... 383.00 ...... 383.00 Egypt ...... Pound ...... 126.00 ...... 126.00 Margaret Goodlander: Tunisia ...... Dinar ...... 103.00 ...... 103.00 Jordan ...... Dinar ...... 357.00 ...... 357.00 Israel ...... Shekel ...... 376.00 ...... 376.00 Egypt ...... Pound ...... 118.00 ...... 118.00 Senator Joe Manchin III: Pakistan ...... Rupee ...... 130.00 ...... 130.00 Afghanistan ...... Afghani ...... 78.00 ...... 78.00 United Arab Emirates ...... Dirhams ...... 193.00 ...... 193.00 Jordan ...... Dinarr ...... 304.00 ...... 304.00 Israel ...... Shekel ...... 488.00 ...... 488.00 Germany ...... Euro ...... 340.00 ...... 340.00 Joanne W. McLaughlin: Pakistan ...... Rupee ...... 130.00 ...... 130.00 Afghanistan ...... Afghani ...... 78.00 ...... 78.00 United Arab Emirates ...... Dirham ...... 193.00 ...... 193.00 Jordan ...... Dinar ...... 304.00 ...... 304.00 Israel ...... Shekel ...... 488.00 ...... 488.00 Germany ...... Euro ...... 340.00 ...... 340.00 Chris Kofinis: Pakistan ...... Rupee ...... 130.00 ...... 130.00

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 0624 Sfmt 8634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2963 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Afghanistan ...... Afghani ...... 78.00 ...... 78.00 United Arab Emirates ...... Dirham ...... 193.00 ...... 193.00 Jordan ...... Dinar ...... 304.00 ...... 304.00 Israel ...... Shekel ...... 488.00 ...... 488.00 Germany ...... Euro ...... 340.00 ...... 340.00 Senator Carl Levin: United States ...... Dollar ...... 11,075.00 ...... 11,075.00 Yemen ...... Dollar ...... 114.29 ...... 114.29 Richard D. DeBobes: United States ...... Dollar ...... 11,075.00 ...... 11,075.00 Yemen ...... Dollar ...... 114.29 ...... 114.29 Afghanistan ...... Dollar ...... 10.00 ...... 10.00 Total ...... 27,780.87 ...... 182,454.06 ...... 148.00 ...... 210,382.93 SENATOR CARL LEVIN, Chairman, Committee on Armed Services, Apr. 12, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard C. Shelby: England ...... Pound ...... 1,028.00 ...... 1,028.00 Germany ...... Euro ...... 916.00 ...... 916.00 United States ...... Dollar ...... 10,674.60 ...... 10,674.60 Anne Caldwell: England ...... Pound ...... 1,028.00 ...... 1,028.00 Germany ...... Euro ...... 916.00 ...... 916.00 United States ...... Dollar ...... 10,674.60 ...... 10,674.60 Andrew Olmem: England ...... Pound ...... 668.48 ...... 668.48 Germany ...... Euro ...... 700.00 ...... 700.00 United States ...... Dollar ...... 10,639.00 ...... 10,639.00 William D. Duhnke: England ...... Pound ...... 1,028.00 ...... 1,028.00 Germany ...... Euro ...... 916.00 ...... 916.00 United States ...... Dollar ...... 10,639.00 ...... 10,639.00 Senator Richard C. Shelby: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... New Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 Senator Roger F. Wicker: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... New Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 Senator Mike Crapo: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... New Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 William D. Duhnke: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... New Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 Anne Caldwell: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... New Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 Peter Fischer: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... New Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00 Senator Mark Warner: England ...... Pound ...... 551.00 ...... 551.00 Belgium ...... Euro ...... 367.00 ...... 367.00 United States ...... Dollar ...... 10,856.53 ...... 10,856.53 Nathan Steinwald: England ...... Pound ...... 471.00 ...... 471.00 Belgium ...... Euro ...... 350.00 ...... 350.00 United States ...... Dollar ...... 10,856.53 ...... 10,856.53 Total ...... 14,405.96 ...... 64,340.26 ...... 78,746.22 SENATOR TIM JOHNSON, Chairman, Committee on Banking, Housing, and Urban Affairs, May 2, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total

Name and country Name of currency U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Codel Leahy: Senator Kent Conrad: Dominican Republic ...... Peso ...... 445.41 ...... 445.41 Sara Garland: Dominican Republic ...... Peso ...... 401.41 ...... 401.41

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00069 Fmt 0624 Sfmt 8634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2964 CONGRESSIONAL RECORD — SENATE May 12, 2011 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE BUDGET FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 846.82 ...... 846.82 SENATOR KENT CONRAD, Chairman, Committee on the Budget, Apr. 20, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Allyson Anderson: United States ...... Dollar ...... 6,749.20 ...... 6,749.20 France ...... Euro ...... 1,800.00 ...... 1,800.00 Total ...... 1,800.00 ...... 6,749.20 ...... 8,549.20 SENATOR JEFF BINGAMAN, Chairman, Committee on Energy and Natural Resources, Apr. 11, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Thomas R. Carper: United States ...... Dollar ...... 1,363.70 ...... 1,363.70 France ...... Euro ...... 509.50 ...... 419.17 ...... 928.67 Laura Haynes: United States ...... Dollar ...... 1,359.70 ...... 1,359.70 France ...... Euro ...... 612.50 ...... 339.17 ...... 951.67 Senator John Boozman: Burkina Faso ...... Franc ...... 85.00 ...... 85.00 Ethiopia ...... Birr ...... 125.26 ...... 125.26 Israel ...... Shekel ...... 58.84 ...... 58.84 Germany ...... Euro ...... 92.63 ...... 92.63 Toni-Marie Higgins: Burkina Faso ...... Franc ...... 74.35 ...... 74.35 Ethiopia ...... Birr ...... 172.54 ...... 172.54 Israel ...... Shekel ...... 47.91 ...... 47.91 Germany ...... Euro ...... 63.99 ...... 63.99 Total ...... 1,842.52 ...... 2,723.40 ...... 758.34 ...... 5,324.26 SENATOR BARBARA BOXER, Chairman, Committee on Environment and Public Works, Apr. 15, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Max Baucus: Brazil ...... Real ...... 99.58 ...... 99.58 Colombia ...... Peso ...... 1,350.69 ...... 1,350.69 United States ...... Dollar ...... 6,749.50 ...... 6,749.50 Chelsea Thomas: Brazil ...... Real ...... 274.67 ...... 274.67 Colombia ...... Peso ...... 1,430.87 ...... 1,430.87 United States ...... Dollar ...... 5,673.40 ...... 5,673.40 John Lewis: Brazil ...... Real ...... 216.82 ...... 216.82 Colombia ...... Peso ...... 1,429.87 ...... 1,429.87 United States ...... Dollar ...... 5,929.10 ...... 5,929.10 Scott Mulhauser: Brazil ...... Real ...... 259.92 ...... 259.92 Colombia ...... Peso ...... 1,503.36 ...... 1,503.36 United States ...... Dollar ...... 6,244.50 ...... 6,244.50 Gabriel Adler: Brazil ...... Real ...... 153.69 ...... 153.69 Colombia ...... Peso ...... 1,458.70 ...... 1,458.70 United States ...... Dollar ...... 6,215.40 ...... 6,215.40 Michael Smart: Brazil ...... Real ...... 196.90 ...... 196.90 Colombia ...... Peso ...... 1,368.83 ...... 1,368.83 United States ...... Dollar ...... 6,665.50 ...... 6,665.50 Kate Downen: Brazil ...... Real ...... 114.96 ...... 114.96 Colombia ...... Peso ...... 1,193.84 ...... 1,193.84 United States ...... Dollar ...... 5,928.10 ...... 5,928.10 *Delegation Expenses: United States ...... Dollar ...... 39,260.00 ...... 39,260.00 Senator John Cornyn: Turkey ...... Lira ...... 230.00 ...... 230.00 Syria ...... Pound ...... 216.00 ...... 216.00 Israel ...... New Shekel ...... 292.00 ...... 292.00 France ...... Euro ...... 173.00 ...... 173.00

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00070 Fmt 0624 Sfmt 8634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2965 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

*Delegation Expenses: United States ...... Dollar ...... 3,159.16 ...... 3,159.16 Ryan Abraham: Luxembourg ...... Euro ...... 830.73 ...... 830.73 United States ...... Dollar ...... 2,917.00 ...... 2,917.00 Thomas Lynch: Luxembourg ...... Euro ...... 827.66 ...... 827.66 United States ...... Dollar ...... 2,915.40 ...... 2,915.40 Total ...... 13,622.09 ...... 49,237.90 ...... 42,419.16 ...... 105,279.15 * Delegation expenses include interpretation, transportation, security, embassy overtime and official functions, as well as other official expenses in accordance with the responsibilities of the host county. SENATOR MAX BAUCUS, Chairman, Committee on Finance, Apr. 28, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754, COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Barrasso: Colombia ...... Peso ...... 38.92 ...... 38.92 Brazil ...... Real ...... 172.26 ...... 172.26 Chile ...... Peso ...... 138.22 ...... 138.22 Panama ...... Dollar ...... 5.20 ...... 5.20 Senator John Barrasso: Lithuania ...... Lita ...... 14.00 ...... 14.00 Germany ...... Euro ...... 50.00 ...... 50.00 Senator Christopher Coons: Afghanistan ...... Afghani ...... 8.00 ...... 8.00 United Arab Emirates ...... Dirham ...... 250.00 ...... 250.00 Jordan ...... Dinar ...... 300.00 ...... 300.00 Israel ...... Shekel ...... 300.00 ...... 300.00 United States ...... Dollar ...... 11,099.85 ...... 11,099.85 Senator Bob Corker: Afghanistan ...... Afghani ...... 15.00 ...... 15.00 United Arab Emirates ...... Dirham ...... 19.00 ...... 19.00 United States ...... Dollar ...... 10,480.00 ...... 10,480.00 Senator Johnny Isakson: Germany ...... Euro ...... 70.72 ...... 70.72 Senator John Kerry: Sudan ...... Dinar ...... 344.24 ...... 344.24 Israel ...... Shekel ...... 12.50 ...... 12.50 United States ...... Dollar ...... 8,766.20 ...... 8,766.20 Senator John Kerry: Switzerland ...... Franc ...... 2,638.84 ...... 2,638.84 United States ...... Dollar ...... 10,402.80 ...... 10,402.80 Senator John Kerry: United States ...... Dollar ...... 11,717.00 ...... 11,717.00 Senator John Kerry: United Kingdom ...... Pound ...... 89.18 ...... 89.18 Egypt ...... Pound ...... 115.26 ...... 115.26 Israel ...... Shekel ...... 111.64 ...... 111.64 United States ...... Dollar ...... 12,873.80 ...... 12,873.80 Senator Jeanne Shaheen: Germany ...... Euro ...... 22.00 ...... 22.00 Senator Jim Webb: Japan ...... Yen ...... 440.00 ...... 440.00 United States ...... Dollar ...... 13,022.00 ...... 13,022.00 Fulton Armstrong: United States ...... Dollar ...... 1,099.35 ...... 1,099.35 Jonah Blank: Indonesia ...... Rupiah ...... 1,248.00 ...... 1,248.00 Timor Leste ...... Dollar ...... 297.00 ...... 297.00 United States ...... Dollar ...... 10,358.90 ...... 10,358.90 Jason Bruder: Belgium ...... Euro ...... 386.00 ...... 386.00 Cyprus ...... Euro ...... 620.00 ...... 620.00 United States ...... Dollar ...... 3,840.30 ...... 3,840.30 Perry Cammack: Egypt ...... Pound ...... 276.00 ...... 276.00 Tunisia ...... Dinar ...... 339.00 ...... 339.00 Bahrain ...... Dinar ...... 298.00 ...... 298.00 United States ...... Dollar ...... 8,914.20 ...... 8,914.20 Victor Cervino: United States ...... Dollar ...... 1,106.50 ...... 1,106.50 Heidi Crebo-Rediker: United Kingdom ...... Pound ...... 1,574.20 ...... 1,574.20 Luxembourg ...... Euro ...... 477.08 ...... 477.08 United States ...... Dollar ...... 2,458.20 ...... 2,458.20 Steven Feldstein: India ...... Rupee ...... 2,816.00 ...... 2,816.00 United States ...... Dollar ...... 8,336.00 ...... 8,336.00 Steven Feldstein: United States ...... Dollar ...... 1,099.35 ...... 1,099.35 Doug Frantz: United Kingdom ...... Pound ...... 514.00 ...... 514.00 Egypt ...... Pound ...... 167.00 ...... 167.00 Israel ...... Shekel ...... 657.00 ...... 657.00 United States ...... Dollar ...... 10,202.20 ...... 10,202.20 Meghan Giulino: Costa Rica ...... Colon ...... 162.00 ...... 162.00 United States ...... Dollar ...... 635.00 ...... 635.00 Frank Jannuzi: Thailand ...... Baht ...... 972.00 ...... 972.00 Cambodia ...... Riel ...... 266.00 ...... 266.00 United States ...... Dollar ...... 11,027.30 ...... 11,027.30 Tamara Klajn: Kenya ...... Shilling ...... 140.00 ...... 140.00

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2966 CONGRESSIONAL RECORD — SENATE May 12, 2011 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754, COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

United States ...... Dollar ...... 3,708.00 ...... 3,708.00 Chad Kreikemeier: United Kingdom ...... Pound ...... 93.00 ...... 93.00 Belgium ...... Euro ...... 80.00 ...... 80.00 Robin Lerner: Jordan ...... Dinar ...... 250.00 ...... 250.00 Tunisia ...... Dinar ...... 150.00 ...... 150.00 Bahrain ...... Dinar ...... 200.00 ...... 200.00 United States ...... Dollar ...... 10,037.70 ...... 10,037.70 Frank Lowenstein: Sudan ...... Dinar ...... 475.50 ...... 475.50 Israel ...... Shekel ...... 12.50 ...... 12.50 United States ...... Dollar ...... 5,595.95 ...... 5,595.95 Frank Lowenstein: Pakistan ...... Rupee ...... 60.00 ...... 60.00 United States ...... Dollar ...... 11,717.00 ...... 11,717.00 Frank Lowenstein: Israel ...... Shekel ...... 307.00 ...... 307.00 United States ...... Dollar ...... 7,977.20 ...... 7,977.20 Nicholas Ma: United Kingdom ...... Pound ...... 1,574.20 ...... 1,574.20 Luxembourg ...... Euro ...... 477.08 ...... 477.08 United States ...... Dollar ...... 2,458.20 ...... 2,458.20 Marta McLellan Ross: Japan ...... Yen ...... 440.00 ...... 440.00 United States ...... Dollar ...... 13,022.00 ...... 13,022.00 Carl Meacham: Panama ...... Dollar ...... 121.00 ...... 121.00 Colombia ...... Peso ...... 260.00 ...... 260.00 United States ...... Dollar ...... 908.10 ...... 908.10 Thomas Moore: Russia ...... Ruble ...... 560.00 ...... 560.00 Belgium ...... Euro ...... 778.00 ...... 95.26 ...... 873.26 France ...... Euro ...... 1,150.00 ...... 1,150.00 United Kingdom ...... Pound ...... 414.00 ...... 414.00 United States ...... Dollar ...... 12,533.20 ...... 12,533.20 Ann Norris: Democratic Republic of Congo ...... Dollar ...... 225.00 ...... 225.000 United States ...... Dollar ...... 5,811.20 ...... 5,811.20 Stacie Oliver: United Arab Emirates ...... Dirham ...... 27.00 ...... 27.00 Afghanistan ...... Afghani ...... 30.00 ...... 30.00 Pakistan ...... Rupee ...... 25.00 ...... 25.00 United States ...... Dollar ...... 10,480.00 ...... 10,480.00 Michael Phelan: Pakistan ...... Rupee ...... 130.00 ...... 130.00 Germany ...... Euro ...... 817.00 ...... 817.00 United States ...... Dollar ...... 14,785.40 ...... 14,785.40 Shannon Smith: Sudan ...... Dollar ...... 390.00 ...... 390.00 United States ...... Dollar ...... 10,120.00 ...... 10,120.00 Shannon Smith: Kenya ...... Shilling ...... 215.00 ...... 215.00 United States ...... Dollar ...... 3,708.00 ...... 3,708.00 Halie Soifer: United Arab Emirates ...... Dirham ...... 250.00 ...... 250.00 Jordan ...... Dinar ...... 300.00 ...... 300.00 Israel ...... Shekel ...... 300.00 ...... 300.00 Afghanistan ...... Afghani ...... 8.00 ...... 8.00 United States ...... Dollar ...... 11,099.85 ...... 11,099.85 Joel Starr: Burkina Faso ...... CFA ...... 63.94 ...... 63.94 Ethiopia ...... Birr ...... 173.01 ...... 173.01 Israel ...... Shekel ...... 40.52 ...... 40.52 Germany ...... Euro ...... 48.57 ...... 48.57 Marik String: Georgia ...... Lari ...... 464.00 ...... 464.00 United States ...... Dollar ...... 10,706.70 ...... 10,706.70 Marik String: Russia ...... Ruble ...... 560.00 ...... 560.00 Belgium ...... Euro ...... 778.00 ...... 95.26 ...... 873.26 France ...... Euro ...... 1,150.00 ...... 1,150.00 United Kingdom ...... Pound ...... 414.00 ...... 414.00 United States ...... Dollar ...... 12,533.20 ...... 12,533.20 Atman Trivedi: India ...... Rupee ...... 2,260.00 ...... 2,260.00 United States ...... Dollar ...... 9,204.10 ...... 9,204.00 Total ...... 32,435.58 ...... 294,035.27 ...... 326,470.85 SENATOR JOHN F. KERRY, Chairman, Committee on Foreign Relations, Apr. 21, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Susan M. Collins: Lithuania ...... litas ...... 191.00 ...... 191.00 Germany ...... Euro ...... 840.17 ...... 840.17 Senator Tom Coburn: Austria ...... Euro ...... 975.85 ...... 975.85 Germany ...... Euro ...... 828.69 ...... 828.69 London ...... Pound ...... 882.27 ...... 882.27 Vance Serchuk: United States ...... Dollar ...... 4,416.90 ...... 4,416.90 Egypt ...... Pound ...... 1,312.00 ...... 1,312.00

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00072 Fmt 0624 Sfmt 8634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2967 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 5,029.98 ...... 4,416.90 ...... 9,446.88 SENATOR JOSEPH I. LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs, May 4, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jon Kyl: Germany ...... Euro ...... 130.17 ...... 130.17 Total ...... 130.17 ...... 130.17 SENATOR PATRICK J. LEAHY, Chairman, Committee on the Judiciary, Apr. 1, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Randall Bookout ...... 1,427.00 ...... 1,427.00 Dollar ...... 9,902.20 ...... 9,902.20 Lorenzo Goco ...... 1,357.00 ...... 1,357.00 Dollar ...... 9,902.00 ...... 9,902.00 Andrew Kerr ...... 1,457.00 ...... 1,457.00 Dollar ...... 9,902.20 ...... 9,902.20 Clete Johnson ...... 1,415.00 ...... 1,415.00 Dollar ...... 13,290.90 ...... 13,290.90 John Maguire ...... 1,411.00 ...... 1,411.00 Dollar ...... 10,729.80 ...... 10,729.80 Brian Miller ...... 467.16 ...... 467.16 Senator Dan Coats ...... 105.25 ...... 105.25 Andrew Kerr ...... 941.00 ...... 941.00 Dollar ...... 14,296.80 ...... 14,296.80 John Dickas ...... 777.00 ...... 777.00 Dollar ...... 13,605.60 ...... 13,605.60 Theresa Ervin ...... 559.41 ...... 559.41 Senator Saxby Chambliss ...... 999.00 ...... 999.00 Dollar ...... 5,898.22 ...... 5,898.22 Senator Richard Burr ...... 1,292.00 ...... 1,292.00 Jacqueline Russell ...... 1,222.00 ...... 1,222.00 Martha Scott Poindexter ...... 918.16 ...... 918.16 James Smythers ...... 1,292.00 ...... 1,292.00 Jeffrey Howard ...... 898.00 ...... 898.00 Dollar ...... 11,632.50 ...... 11,632.50 L. Christine Healey ...... 215.00 ...... 215.00 Dollar ...... 11,092.00 ...... 11,092.00 Michael Pevzner ...... 653.00 ...... 653.00 Dollar ...... 11,323,80 ...... 11,323.80 John Maguire ...... 576.00 ...... 576.00 Dollar ...... 11,087.50 ...... 11,087.50 Senator Dan Coats ...... 1,028.80 ...... 1,028.80 Total ...... 19,010.78 ...... 126,765.30 ...... 5,898.22 ...... 151,674.30 SENATOR DIANNE FEINSTEIN, Chairman, Committee on Intelligence, May 4, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bernie Sanders: United States ...... Dollar ...... 10,666.00 ...... 10,666.00 Pakistan ...... Rupee ...... 446.97 ...... 446.97 Afghanistan ...... Afghani ...... 15.00 ...... 15.00 United Arab Emirates ...... Emirati Dirham ...... 20.95 ...... 20.95 Steve Robertson: United States ...... Dollar ...... 12,298.00 ...... 12,298.00 Pakistan ...... Rupee ...... 473.97 ...... 473.97 Afghanistan ...... Afghani ...... 15.00 ...... 15.00 United Arab Emirates ...... Emirati Dirham ...... 20.95 ...... 20.95 Senator Michael Enzi: Turkey ...... Lira ...... 338.12 ...... 67.35 ...... 405.47 Syria ...... Pound ...... 124.53 ...... 124.53 Israel ...... New Shekel ...... 250.33 ...... 15.52 ...... 265.85 France ...... Euro ...... 101.15 ...... 14.00 ...... 115.15 Coy Knobel: Turkey ...... Lira ...... 325.62 ...... 67.35 ...... 392.97 Syria ...... Pound ...... 124.53 ...... 124.53 Israel ...... New Shekel ...... 125.25 ...... 15.52 ...... 140.77

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00073 Fmt 0624 Sfmt 8634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2968 CONGRESSIONAL RECORD — SENATE May 12, 2011 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

France ...... Euro ...... 62.06 ...... 62.06 Total ...... 2,444.43 ...... 23,143.74 ...... 25,588.17 SENATOR TOM HARKIN, Chairman, Committee on Health, Education, Labor, and Pensions, Apr. 23, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Hon. Alcee Hastings: Austria ...... Euro ...... 1,281.04 ...... 1,281.04 United States ...... Dollar ...... 6,837.20 ...... 6,837.20 Hon. Robert Aderholt: Austria ...... Euro ...... 1,281.04 ...... 1,281.04 United States ...... Dollar ...... 1,345.60 ...... 1,345.60 Fred Turner: Austria ...... Euro ...... 1,256.16 ...... 1,256.16 Germany ...... Euro ...... 834.00 ...... 834.00 United States ...... Dollar ...... 3,112.90 ...... 3,112.90 Mark Milosch: Austria ...... Euro ...... 899.06 ...... 899.06 United States ...... Dollar ...... 5,505.40 ...... 5,505.40 Ronald McNamara: Austria ...... Euro ...... 1,077.04 ...... 1,077.04 United States ...... Dollar ...... 5,505.40 ...... 5,505.40 Shelly Han: Canada ...... Dollar ...... 338.49 ...... 338.49 United States ...... Dollar ...... 2,805.73 ...... 2,805.73 France ...... Euro ...... 2,303.00 ...... 2,303.00 United States ...... Dollar ...... 1,045.40 ...... 1,045.40 Janice Helwig: Uzbekistan ...... Som ...... 788.00 ...... 788.00 United States ...... Dollar ...... 11,878.80 ...... 11,878.80 Alex Johnson: Austria ...... Euro ...... 29,721.00 ...... 29,721.00 United States ...... Dollar ...... 5,444.30 ...... 5,444.30 Total ...... 39,778.83 ...... 43,480.73 ...... 83,259.56 SENATOR BENJAMIN L. CARDIN, Chairman, Commission on Security and Cooperation in Europe, Apr. 27, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON CODEL McCONNELL TRAVEL FROM JAN. 13 TO JAN. 18, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Mitch McConnell: Kuwait ...... Dinar ...... 357.00 ...... 357.00 Pakistan ...... Rupee ...... 195.00 ...... 195.00 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 United Kingdom ...... Pound ...... 113.79 ...... 113.79 Senator Lindsey Graham: Kuwait ...... Dinar ...... 435.73 ...... 435.73 Pakistan ...... Rupee ...... 312.00 ...... 312.00 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 Senator Richard Burr: Kuwait ...... Dinar ...... 474.00 ...... 474.00 Pakistan ...... Rupee ...... 312.00 ...... 312.00 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 United Kingdom ...... Pound ...... 230.25 ...... 230.25 Senator Pat Toomey: Kuwait ...... Dinar ...... 299.00 ...... 299.00 Pakistan ...... Rupee ...... 262.00 ...... 262.00 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 United Kingdom ...... Pound ...... 105.79 ...... 105.79 Senator Marco Rubio: Kuwait ...... Dinar ...... 374.00 ...... 374.00 Pakistan ...... Rupee ...... 312.00 ...... 312.00 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 United Kingdom ...... Pound ...... 169.52 ...... 169.52 Senator Ron Johnson: Kuwait ...... Dinar ...... Pakistan ...... Rupee ...... Afghanistan ...... Dollar ...... United Kingdom ...... Pound ...... Senator Kelly Ayotte: Kuwait ...... Dinar ...... 355.00 ...... 355.00 Pakistan ...... Rupee ...... 194.00 ...... 194.00 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 United Kingdom ...... Pound ...... 80.00 ...... 80.00 Roy E. Brownell: Kuwait ...... Dinar ...... 402.00 ...... 402.00 Pakistan ...... Rupee ...... 240.22 ...... 240.22 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 Thomas Hawkins: Kuwait ...... Dinar ...... 419.00 ...... 419.00

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00074 Fmt 0624 Sfmt 8634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2969 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON CODEL McCONNELL TRAVEL FROM JAN. 13 TO JAN. 18, 2011—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Pakistan ...... Rupee ...... 268.22 ...... 268.22 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 Brian P. Monahan: Kuwait ...... Dinar ...... 361.74 ...... 361.74 Pakistan ...... Rupee ...... 312.00 ...... 312.00 Afghanistan ...... Dollar ...... 28.00 ...... 28.00 *Delegation Expenses ...... 9,245.80 ...... Total ...... 6,836.26 ...... 9,245.80 ...... 16,082.06 *Delegation expenses include interpretation, transportation, security, embassy overtime and official functions, as well as other official expenses in accordance with the responsibilities of the host country. SENATOR MITCH McCONNELL, Chairman, Republican Leader, Mar. 30, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), REPUBLICAN LEADER FOR TRAVEL FROM FEB. 3 TO FEB. 6, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Rob Portman: Germany ...... Euro ...... 1,228.42 ...... 1,228.42 Total ...... 1,228.42 ...... 1,228.42 SENATOR MITCH McCONNELL, Chairman, Republican Leader, Apr. 11, 2011.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), MAJORITY LEADER FOR TRAVEL FROM FEB. 18 TO FEB. 27, 2011

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Thomas Ross: United States ...... Dollar ...... 10,595.60 ...... 10,595.60 Pakistan ...... Rupee ...... Burma ...... Kyat ...... 190.00 ...... 207.03 ...... 397.03 India ...... Rupee ...... 689.00 ...... 27.15 ...... 716.15 Total ...... 879.00 ...... 10,595.60 ...... 234.18 ...... 11,708.78 SENATOR HARRY REID, h Chairman, Majority Leader, Apr. 14, 2011.

ORDERS FOR TUESDAY, MAY 17, The PRESIDING OFFICER. The The committee amendment was 2011 clerk will report the bill by title. agreed to. Mr. REID. I ask unanimous consent The assistant legislative clerk read The bill was ordered to be engrossed on Tuesday, May 17, 2011, at 10 a.m., as follows: for a third reading, was read the third the Senate proceed to executive session A bill (S. 498) to ensure objective inde- time, and passed. pendent review of task and delivery orders. to consider Calendar No. 31, that there f be 2 hours for debate equally divided in There being no objection, the Senate the usual form, that upon the use or proceeded to consider the bill, which RECOGNIZING THE DEFENSE IN- yielding back of that time the Senate had been reported from the Committee TELLIGENCE AGENCY ON ITS proceed to vote, without intervening on Homeland Security and Govern- 50TH ANNIVERSARY action or debate, on Calendar No. 31; mental Affairs, with an amendment. Mr. REID. Mr. President, I ask unan- the motion to reconsider be considered S. 498 imous consent the Intelligence Com- made and laid on the table, with no in- SEC. 3. USE OF EXISTING RESOURCES TO PROC- mittee be discharged from further con- tervening action or debate; that no fur- ESS TASK AND DELIVERY ORDER sideration of S. Res. 86, and the Senate ther motions be in order to the nomi- PROTESTS. proceed to its immediate consider- nation, and statements related to the No amounts are authorized to be appropriated for the specific purpose of processing protests ation. nomination be printed in the RECORD; The PRESIDING OFFICER. Without the President be immediately notified authorized under section 4106(f) of title 41, United States Code, as amended by section 2, objection, it is so ordered. The clerk and the Senate resume legislative ses- and all such protests shall be processed using will report the resolution by title. sion. the existing resources of the Government Ac- The assistant legislative clerk read The PRESIDING OFFICER. Without countability Office and executive agencies. as follows: objection, it is so ordered. Mr. REID. I ask unanimous consent A resolution (S. Res. 86) recognizing the f the committee-reported amendment be Defense Intelligence Agency on its 50th An- agreed to, the bill as amended be read niversary. ENSURING OBJECTIVE INDE- a third time and passed, the motion to There being no objection, the Senate PENDENT REVIEW OF TASK AND reconsider be laid on the table, with no proceeded to consider the resolution. DELIVERY ORDERS intervening action or debate, and any Mr. REID. I ask unanimous consent Mr. REID. I ask unanimous consent statements be printed in the RECORD. the resolution be agreed to, the pre- the Senate proceed to Calendar No. 41, The PRESIDING OFFICER. Without amble be agreed to, the motion to re- S. 498. objection, it is so ordered. consider be laid on the table with no

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.013 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2970 CONGRESSIONAL RECORD — SENATE May 12, 2011 intervening action or debate, and any (2) honors the heroic sacrifice of the em- available to those individuals, will be en- statements be printed in the RECORD. ployees of the Defense Intelligence Agency hanced through the development of early de- The PRESIDING OFFICER. Without who have given their lives, or have been tection techniques and early intervention; objection, it is so ordered. wounded or injured, in the service of the Whereas treatments and research advance- The resolution (S. Res. 86) was agreed United States during the past 50 years; and ments for MPS are limited by a lack of to. (3) expresses gratitude to all the men and awareness about MPS diseases; and women of the Defense Intelligence Agency Whereas the lack of awareness about MPS The preamble was agreed to. diseases extends to individuals within the The resolution, with its preamble, for their past and continued efforts to pro- vide timely and accurate intelligence sup- medical community; reads as follows: port to deliver overwhelming advantage to Whereas the cellular damage that is caused S. RES. 86 our warfighters, defense planners, and de- by MPS makes MPS a model for the study of Whereas, the Defense Intelligence Agency fense and national security policymakers in many other degenerative genetic diseases; was created in 1961 as the United States lead the defense and security of the United and military intelligence organization, approved States. Whereas the development of effective therapies and a potential cure for MPS dis- by Secretary of Defense Robert McNamara f on July 5, 1961, and activated on October 1, eases can be accomplished by increased 1961; RESOLUTIONS SUBMITTED TODAY awareness, research, data collection, and in- Whereas, with military and civilian em- formation distribution: Now, therefore, be it Mr. REID. Mr. President, I ask unan- Resolved, That the Senate— ployees worldwide, the Defense Intelligence imous consent that the Senate proceed Agency produces military intelligence to (1) designates May 15, 2011, as ‘‘National warfighters and policymakers in the Depart- to the immediate consideration en bloc MPS Awareness Day’’; and ment of Defense and the intelligence commu- of the following resolutions which were (2) supports the goals and ideals of ‘‘Na- nity, to support United States military plan- submitted earlier today: S. Res. 181, S. tional MPS Awareness Day’’. ning, operations, and weapon systems acqui- Res. 182, and S. Res. 183. S. RES. 182 sition; The PRESIDING OFFICER. Without (Expressing the condolences of the United Whereas the Defense Intelligence Agency objection, it is so ordered. The Senate States to the victims of the devastating possesses a diverse and expeditionary work- will proceed to the consideration of the tornadoes that touched down in the South) force that conducts all-source analysis, in- Whereas during the month of April 2011, a telligence collection, and information tech- resolutions en bloc. historic series of powerful storms and torna- nology infrastructure support around the Mr. REID. Mr. President, I ask unan- does tracked across the South; world; imous consent that the resolutions be Whereas preliminary estimates of the Na- Whereas the Defense Intelligence Agency agreed to, the preambles be agreed to, tional Oceanic and Atmospheric Administra- plays a critical role within the Department the motions to reconsider be laid upon tion indicate that more than 600 tornadoes of Defense, the combatant commands, the in- the table en bloc, with no interviewing were produced by storms that occurred telligence community, and the Defense Intel- action or debate, and any statements across the United States in April 2011; ligence Enterprise through the Defense be printed in the RECORD. Whereas preliminary estimates of the Na- Attache´ System, Defense Counterintel- The PRESIDING OFFICER. Without tional Oceanic and Atmospheric Administra- ligence and HUMINT Center, National De- fense Intelligence College, National Media objection, it is so ordered. tion indicate that 305 tornadoes were pro- Exploitation Center, and National Center for The resolutions were agreed to. duced by storms that occurred across the Credibility Assessment; The preambles were agreed to. South during the period of April 25 through Whereas the Defense Intelligence Agency The resolutions, with their pre- 28, 2011; leads the defense all-source analytic commu- ambles, read as follows: Whereas the previous record number of tor- nadoes occurring during the month of April nity including the Directorate for Analysis S. RES. 181 and four specialized centers known as the was 267 tornadoes, which was set in April (National MPS Awareness Day) Underground Facility Analysis Center, the 1974, and the previous record number of tor- National Center for Medical Intelligence, the Whereas mucopolysaccharidosis (referred nadoes during any month was 542 tornadoes, Joint Intelligence Task Force-Combating to in this resolution as ‘‘MPS’’) are a group which was set in May 2003; Terrorism, and the Missile and Space Intel- of genetically determined lysosomal storage Whereas the National Oceanic and Atmos- ligence Center, as well as synchronizes the diseases that render the human body incapa- pheric Administration estimates that there analytic efforts of the Army National ble of producing certain enzymes needed to were at least 358 fatalities as a result of the Ground Intelligence Center, Office of Naval break down complex carbohydrates; storms and tornadoes in April 2011; Intelligence, Air Force National Air and Whereas MPS diseases cause complex car- Whereas as of the date of approval of this Space Intelligence Center, Marine Corps In- bohydrates to be stored in almost every cell resolution, the number of fatalities resulting telligence Activity, and ten United States in the body and progressively cause cellular from the devastating storms and tornadoes combatant command intelligence centers; damage; in the State of Alabama is approaching 250; Whereas the Defense Intelligence Agency Whereas the cellular damage caused by Whereas there were 38 fatalities resulting has throughout its history provided intel- MPS— from the devastating storms and tornadoes ligence support to United States policy mak- (1) adversely affects the human body by in the State of Tennessee; ers and military commanders in both war damaging the heart, respiratory system, Whereas tornadoes in the State of Mis- and peacetime during significant national bones, internal organs, and central nervous sissippi resulted in at least 35 fatalities, at security events including the Cuban Missile system; and least 163 injuries, and at least 2,500 damaged Crisis, the Vietnam conflict, the Cold War (2) often results in intellectual disabilities, homes, of which approximately 1,000 were se- and its aftermath, operations against state- short stature, corneal damage, joint stiff- verely damaged or destroyed; sponsored terrorist organizations, Operation ness, loss of mobility, speech and hearing im- Whereas as of the date of approval of this Desert Storm, and in support of United pairment, heart disease, hyperactivity, resolution, the total number of fatalities in States military and coalition operations in chronic respiratory problems, and, most im- the State of Georgia is at least 15; Somalia, the former Yugoslavia, and Haiti; portantly, a drastically shortened life span; Whereas tornadoes and massive storms in Whereas, since the terrorist attacks of Whereas symptoms of MPS are usually not the Commonwealth of Virginia resulted in at September 11, 2001, the men and women of apparent at birth; least 6 fatalities, destroyed more than 160 the Defense Intelligence Agency have Whereas, without treatment, the life ex- homes, and caused damage to more than 800 worked diligently to deter, detect, and pre- pectancy of an individual afflicted with MPS homes and businesses; vent acts of terror by providing intelligence begins to decrease at a very early stage in Whereas a number of tornadoes touched support to United States and coalition forces the life of the individual; down in the Virginia counties of Gloucester, in support of the Global War on Terror, Oper- Whereas research has resulted in the devel- Goochland, Halifax, Middlesex, Pulaski, ation Enduring Freedom in Afghanistan, and opment of limited treatments for some MPS Shenandoah, and Washington; Operation Iraqi Freedom; and diseases; Whereas in April 2011, devastating storms Whereas the Defense Intelligence Agency Whereas promising advancements in the and at least 30 tornadoes resulted in 24 fa- and subordinate organizations within the pursuit of treatments for additional MPS talities in the State of North Carolina; Agency have been awarded seven Joint Meri- diseases are underway as of the date of Whereas the Tuscaloosa-Birmingham tor- torious Unit Awards reflecting the distinc- agreement to this resolution; nado of April 27, 2011, which caused at least tive accomplishments of the personnel as- Whereas, despite the creation of new rem- 65 fatalities and more than 1,000 injuries, had signed to the Defense Intelligence Agency: edies, the blood-brain barrier continues to be a maximum width of 1.5 miles and a track Now, therefore, be it a significant impediment to effectively length of 80 miles; Resolved, That the Senate— treating the brain, which prevents the treat- Whereas Smithville, Mississippi, a town of (1) congratulates the men and women of ment of many of the symptoms of MPS; fewer than 900, lost 15 of its citizens, as well the Defense Intelligence Agency on the occa- Whereas the quality of life of the individ- as its post office, school, city hall, most of sion of the Agency’s 50th Anniversary; uals afflicted with MPS, and the treatments its churches, and almost every home;

VerDate Mar 15 2010 04:19 May 13, 2011 Jkt 099060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\G12MY6.051 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE May 12, 2011 CONGRESSIONAL RECORD — SENATE S2971 Whereas an Enhanced Fujita category 5 tornadoes is ongoing, particularly for those Washington, D.C. lists on a Wall of Remem- (referred to in this preamble as an ‘‘EF5’’) who lost loved ones, homes, and livelihoods; brance the names of more than 19,000 law en- tornado is defined by the National Weather Whereas immediate humanitarian aid is forcement officers who have died in the line Service of the National Oceanic and Atmos- critically needed in many of the devastated of duty; pheric Administration as the rarest and regions; Whereas in the United States, 1 law en- most severe type of tornado, with sustained Whereas the local emergency responders, forcement officer is killed every 53 hours; winds of greater than 200 miles per hour and National Guard, and many ordinary citizens Whereas in 2010, 152 law enforcement offi- that results in total destruction of well- of the affected regions have risked their lives cers lost their lives in the line of duty; built, structurally-sound buildings; to save others; Whereas on May 14, 1983, on the eve of the Whereas 3 of the 5 EF5 rated tornadoes re- Whereas throughout the crisis, doctors, 2nd annual National Peace Officers’ Memo- corded in the United states since 2000 oc- nurses, and medical personnel in the affected rial Service, 10 widows of fallen law enforce- curred as part of the April 25 through 28, 2011 regions worked expeditiously to ensure that ment officers came together to discuss the tornado outbreak in the States of Mississippi hospitals, medical centers, and triage units lack of support for law enforcement sur- and Alabama; provided needed care; vivors; Whereas the Washington County, Virginia Whereas many faith-based organizations Whereas 1 year later, that discussion led to tornado traveled approximately 14 miles and and other volunteer organizations and char- the formation of Concerns of Police Sur- had a maximum path width of 2 miles; ities are supplying the victims of the storms vivors, Inc. at the 1st annual National Police Whereas the National Weather Service es- and tornadoes with food, water, and shelter; Survivors’ Seminar, which drew 110 law en- timates that 40 tornadoes hit the State of Whereas the Alabama, Tennessee, Mis- forcement survivors from throughout the Tennessee from April 27 through 28, 2011; sissippi, Georgia, Virginia, and North Caro- United States; Whereas the National Weather Service has lina Emergency Management Agencies, the Whereas Concerns of Police Survivors, Inc. confirmed that a total of 15 tornadoes hit the first responders in the affected communities, has grown to serve more than 15,000 sur- State of Georgia throughout the period of and countless volunteers immediately came viving families of fallen law enforcement of- April 25 through 28, 2011, including a power- to the aid of those affected by the storms; ficers by providing healing, love, and the op- ful EF4 tornado which devastated the city of Whereas the Governor of Alabama, Robert portunity for a renewed life; Ringgold, Georgia; Bentley, the Governor of Tennessee, Bill Whereas Concerns of Police Survivors, Inc. Whereas dozens of rural communities Haslam, the Governor of Mississippi, Haley and its 52 chapters throughout the United throughout the South, including in the Barbour, the Governor of Georgia, Nathan States provide a program of peer support and States of Alabama, Mississippi, Georgia, Deal, the Governor of Virginia, Robert counseling to law enforcement survivors, Tennessee, Virginia, and North Carolina, McDonnell, and the Governor of North Caro- help survivors obtain the death benefits to have been decimated by the devastating lina, Beverly Perdue, reacted swiftly and which they are entitled, and sponsor scholar- storms and tornadoes of April 2011; with great leadership in the immediate ships to enable children and surviving Whereas more than 500 homes were dam- aftermath of the destructive storms and tor- spouses to pursue postsecondary education; aged or destroyed in the State of Tennessee nadoes; Whereas Concerns of Police Survivors, Inc. as a result of the devastating storms and tor- Whereas President Obama responded sponsors a year-round series of seminars, nadoes; quickly and efficiently to approve the re- meetings, and youth activities, including the Whereas the massive storms impacted cit- quests made by Governors Bentley, Haslam, National Police Survivors’ Seminar during ies and towns in the State of Alabama, in- Barbour, Deal, and Perdue for Federal dis- National Police Week, retreats for parents, cluding Arab, Berry, Birmingham, Concord, aster assistance; spouses, and siblings, and programs and sum- Eclectic, Forkland, Fultondale, Hackleburg, Whereas in response to the declaration by mer activities for children; Phil Campbell, Pleasant Grove, Rainsville, the President of a major disaster, the Ad- Whereas Concerns of Police Survivors, Inc. and Tuscaloosa; ministrator of the Federal Emergency Man- helps law enforcement agencies cope with Whereas President Obama declared 10 agement Agency has made federal disaster the loss of an officer by promoting the adop- counties in the State of Tennessee to be in a assistance available for the State of Ala- tion of standardized policies and procedures state of major disaster and approved the re- bama and elsewhere in the South to assist in for line-of-duty deaths; and quest made by Governor Haslam for Federal local recovery efforts; and Whereas Concerns of Police Survivors, Inc. disaster assistance; Whereas thousands of volunteers and gov- inspires the public to recognize the sacrifices Whereas the tornado that swept from Mon- ernment employees from across the United made by law enforcement families by en- roe County, Mississippi into Marion County, States have committed time and resources couraging all citizens of the United States to Alabama and destroyed Smithville, Mis- to help with recovery efforts: Now, therefore, tie a blue ribbon to their car antenna during sissippi was— be it National Police Week: Now, therefore, be it (1) the sixth deadliest tornado ever re- Resolved, That the Senate— Resolved, That the Senate— corded in the State of Mississippi; (1) expresses the heartfelt condolences of (1) designates May 14, 2011, as ‘‘National (2) the first EF5 tornado recorded in the the Senate to the families and friends of Police Survivors Day’’; and State of Mississippi since 1966; and those who lost their lives, homes, and liveli- (2) calls on the people of the United States (3) the first EF5 tornado recorded in the hoods in the tragic storms and tornadoes of United States since May 2008. to observe ‘‘National Police Survivors Day’’ April 2011; Whereas the massive storms and tornadoes with appropriate ceremonies to pay respect (2) commends the resiliency and courage of caused widespread damage in the Georgian to— the people of the affected States, including counties of Bartow, Catoosa, Cherokee, (A) the survivors of the fallen heroes of law the people of the States of Alabama, Ten- Coweta, Dade, Floyd, Gordon, Greene, enforcement; and nessee, Mississippi, Georgia, Virginia, and Habersham, Harris, Heard, Lamar, Lumpkin, (B) the fallen law enforcement officers North Carolina; Meriwether, Monroe, Morgan, Newton, Pick- who, through their courageous deeds, have (3) extends the wishes of the Senate for a ens, Polk, Rabun, Spalding, Troup, Upson, made the ultimate sacrifice in service to the full recovery for all those who were injured Walker, and White; community. in the storms and tornadoes; Whereas the massive storms and tornadoes (4) extends the thanks of the Senate to the caused widespread damage in the North forecasters, first responders, firefighters, law f Carolina counties of Bertie, Bladen, Craven, enforcement personnel, volunteers, and med- Cumberland, Currituck, Greene, Halifax, ical personnel who took quick action to pro- Harnett, Hertford, Hoke, Johnston, Lee AUTHORIZING USE OF THE vide warnings, aid, and comfort to the vic- Onslow, Pitt, Robeson, Sampson, Tyrell, CAPITOL GROUNDS tims of the storms and tornadoes; Wake, and Wilson; (5) commits to provide the necessary re- Whereas the tornado that swept from Mr. REID. Mr. President, I ask unan- sources and to stand by the people of the af- Neshoba County, Mississippi to Noxubee imous consent that the Senate proceed fected States, including the people of the County, Mississippi was just the second EF5 to the consideration of H. Con. Res. 16. States of Alabama, Tennessee, Mississippi, tornado recorded in the State of Mississippi Georgia, Virginia, and North Carolina, in the The PRESIDING OFFICER. The since 1966; relief, recovery, and rebuilding efforts; and clerk will report the concurrent resolu- Whereas April 27, 2011, marks the third (6) stands with the people affected by the tion by title. highest number of tornado-related fatalities storms and tornadoes, including the people occurring in a single day since March 18, The assistant legislative clerk read of the States of Alabama, Tennessee, Mis- 1925, when a series of tornadoes caused 747 fa- as follows: sissippi, Georgia, Virginia, and North Caro- talities across 7 States; lina, as those people begin the healing proc- A concurrent resolution (H. Con. Res. 16) Whereas as of the date of approval of this ess following this terrible event. authorizing the use of the Capitol Grounds resolution, the total number of fatalities re- for the Greater Washington Soap Box Derby. sulting from the devastating storms and tor- S. RES. 183 nadoes remains unknown; (National Police Survivors Day) There being no objection, the Senate Whereas the suffering and distress of thou- Whereas the National Law Enforcement proceeded to consider the concurrent sands of people affected by the storms and Officers Memorial in Judiciary Square in resolution.

VerDate Mar 15 2010 03:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A12MY6.018 S12MYPT1 smartinez on DSKD5P82C1PROD with SENATE S2972 CONGRESSIONAL RECORD — SENATE May 12, 2011 Mr. REID. Mr. President, I ask unan- A bill (H.R. 1229) to amend the Outer Con- ROBERT G. TAUB, OF NEW YORK, TO BE A COMMIS- SIONER OF THE POSTAL REGULATORY COMMISSION FOR imous consent the concurrent resolu- tinental Shelf Lands Act to facilitate the A TERM EXPIRING OCTOBER 14, 2016, VICE TONY HAM- tion be agreed to, the motion to recon- safe and timely production of American en- MOND, TERM EXPIRED. ergy resources from the Gulf of Mexico, to COMMODITY FUTURES TRADING COMMISSION sider be laid upon the table, with no in- require the Secretary of the Interior to con- tervening action or debate, and any MARK P. WETJEN, OF NEVADA, TO BE A COMMISSIONER duct certain offshore oil and gas lease sales, OF THE COMMODITY FUTURES TRADING COMMISSION statements be printed in the RECORD. and for other purposes. FOR A TERM EXPIRING JUNE 19, 2016, VICE MICHAEL V. The PRESIDING OFFICER. Without A bill (S. 990) to provide for an additional DUNN, TERM EXPIRING. objection, it is so ordered. temporary extension of programs under the FOREIGN SERVICE Small Business Act and the Small Business The concurrent resolution (H. Con. THE FOLLOWING-NAMED PERSONS OF THE AGENCIES Res. 16) was agreed to. Investment Act of 1958, and for other pur- INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- poses. FICERS OF THE CLASSES STATED. f FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF Mr. REID. I now ask for the second CLASS TWO, CONSULAR OFFICER AND SECRETARY IN AUTHORIZING USE OF THE readings en bloc, but I object to my THE DIPLOMATIC SERVICE OF THE UNITED STATES OF CAPITOL GROUNDS own request en bloc. AMERICA. The PRESIDING OFFICER. Objec- UNITED STATES AGENCY FOR INTERNATIONAL Mr. REID. Mr. President, I ask unan- DEVELOPMENT imous consent the Senate now proceed tion is heard. The bills will be read the NAADIA LISA PORTER, OF CALIFORNIA to H. Con. Res. 46. second time on the next legislative day. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF The PRESIDING OFFICER. The CLASS THREE, CONSULAR OFFICER AND SECRETARY IN f THE DIPLOMATIC SERVICE OF THE UNITED STATES OF clerk will report the concurrent resolu- AMERICA. tion by title. APPOINTMENT UNITED STATES AGENCY FOR INTERNATIONAL The assistant legislative clerk read The PRESIDING OFFICER. The DEVELOPMENT as follows: Chair announces, on behalf of the Sec- ENRIQUE A. BRUNET, OF TEXAS A concurrent resolution (H. Con. Res. 46) retary of the Senate, pursuant to Pub- RYAN ANDREW LAIRD MCGONAGLE, OF WASHINGTON authorizing the use of the Capitol Grounds CHRISTINE N. NTEIREHO, OF VIRGINIA lic Law 101–509, the reappointment of ROSHANAK SALIMI, OF VIRGINIA for the National Peace Officers’ Memorial THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN Service. Sheryl B. Vogt, of Georgia, to the Ad- visory Committee on the Records of SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES There being no objection, the Senate IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF Congress. AMERICA. proceeded to consider the concurrent DEPARTMENT OF COMMERCE resolution. f JAY BIGGS, OF OHIO Mr. REID. I ask unanimous consent ORDERS FOR MONDAY, MAY 16, MARIA B. GALINDO, OF NEW JERSEY the resolution be agreed to, the motion 2011 JOSHUA HALPERN, OF NEW YORK to reconsider be laid upon the table, Mr. REID. Mr. President, I ask unan- DEPARTMENT OF STATE with no intervening action or debate, imous consent that when the Senate OWEN GILBERT ABBE, OF VIRGINIA and any statements be printed in the CASEY L. ADDIS, OF THE DISTRICT OF COLUMBIA completes its business today, it ad- RYAN J. ALSABAGH, OF VIRGINIA RECORD. journ until 2 p.m. on Monday, May 16; LAUREN A. ARESTIE, OF VIRGINIA The PRESIDING OFFICER. Without STACEY ANNE BA, OF KANSAS that following the prayer and the KEVIN M. BARRY, OF VIRGINIA objection, it is so ordered. pledge, the Journal of proceedings be DAVID G. BEAVERS, OF VIRGINIA The concurrent resolution (H. Con. JULIE ANNE BEBERMAN, OF THE VIRGIN ISLANDS approved to date, the morning hour be RAIN CHE BIAN, OF NEW YORK Res. 46) was agreed to. deemed expired, and the time for the IAN MITCHELL BILLARD, OF MISSOURI CHRISTINA J. BOBADILLA, OF FLORIDA f two leaders be reserved for their use CARL D. BOOKSING, OF VIRGINIA PROVIDING FOR A CONDITIONAL later in the day; that following any KENNETH C. BRENNAN, OF VIRGINIA leader remarks, the Senate proceed to MICHAEL DAVID BREWER, OF NEW YORK ADJOURNMENT OF THE HOUSE ROBERT A. BRINK, OF VIRGINIA a period of morning business for debate JAMES M. BRODT, OF VIRGINIA OF REPRESENTATIVES M. LAURA BROOKINS, OF THE DISTRICT OF COLUMBIA only until 5 p.m., with Senators per- KEVIN J. BROSNAHAN, OF THE DISTRICT OF COLUMBIA Mr. REID. Mr. President, I ask unan- mitted to speak therein for up to 10 THOMAS V. B. BROUNS, OF CALIFORNIA imous consent to proceed to H. Con. ANGELA Y. BROWN, OF FLORIDA minutes each. WYATT L. BUSBEE, OF VIRGINIA Res. 50. The PRESIDING OFFICER. Without JOHN K. BYINGTON, OF VIRGINIA The PRESIDING OFFICER. The objection, it is so ordered. MEAGAN M. BYXBEE, OF WEST VIRGINIA clerk will report the concurrent resolu- MERLYN CALDERON, OF CALIFORNIA f ADRIANA CALEJO, OF MARYLAND tion by title. BRIAN W. CAMPBELL, OF NEW YORK PROGRAM DAVID SCOTT CAMPBELL, OF NEW MEXICO The assistant legislative clerk read TANYA R. CANADY, OF MARYLAND as follows: Mr. REID. Mr. President, the next DAVID RYAN CARR, OF OREGON MARIYAM A. CEMENTWALA, OF CALIFORNIA A concurrent resolution (H. Con. Res. 50) rollcall vote will be around noon on CHRISTINA CHARCHAR, OF VIRGINIA providing for a conditional adjournment of Tuesday, May 17, on the confirmation DANIEL J. CHASSEN, OF THE DISTRICT OF COLUMBIA the House of Representatives. ALICE B. CHEUNG, OF VIRGINIA of the nomination of Susan Carney, of JOSHUA L. CHU, OF VIRGINIA There being no objection, the Senate Connecticut, to be a U.S. circuit court EMILY KATHLEEN CINTORA, OF ARIZONA WILLIAM BENJAMIN COCKS, OF VIRGINIA proceeded to consider the concurrent judge. Senators are encouraged to ERIC C. CONCHA, OF FLORIDA resolution. come to the floor on Monday to debate ANDREW WILLIS COOK, OF VIRGINIA DEVIN WAYNE COOPER, OF VIRGINIA Mr. REID. Mr. President, I ask unan- the Carney nomination. DIANA L. COSTA, OF MISSOURI imous consent that the concurrent res- f EVA HELENE D’AMBROSIO, OF INDIANA olution be agreed to, the motion to re- JANE L. DENHAM, OF TEXAS ADJOURNMENT UNTIL MONDAY, RANDALL E. DEPAUL, OF MARYLAND consider laid upon the table, and there JOE DICKERSON, OF VIRGINIA MAY 16, 2011, AT 2 P.M. MATTHEW J. DILBER, OF VIRGINIA be no intervening action or debate. JORDAN T. DOVER, OF VIRGINIA The PRESIDING OFFICER. Without Mr. REID. Mr. President, if there is AIMEE DOWL, OF CALIFORNIA no further business to come before the PHILIP MARTIN DREWRY, OF TEXAS objection, it is so ordered. J. SPENCER DRISCOLL, OF WASHINGTON The concurrent resolution (H. Con. Senate, I ask unanimous consent that PAUL A. DUFRESNE, OF VIRGINIA Res. 50) was agreed to. it adjourn under the previous order. ANDREW SCOTT DUNN, OF THE DISTRICT OF COLUMBIA There being no objection, the Senate, THOMAS M. EDSALL, OF VIRGINIA f TRACY ELLERBY, OF MARYLAND at 5:56 p.m., adjourned until Monday, JOHN D. ELLIOTT, OF GEORGIA MEASURES READ THE FIRST ANDREW J. ELLIS, JR., OF MARYLAND May 16, 2011, at 2 p.m. CHRISTOPHER ELSASSER, OF MARYLAND TIME—H.R. 1229 AND S. 990 f ANGELA K. ENG, OF VIRGINIA SCOTT EPSTEIN, OF VIRGINIA Mr. REID. Mr. President, I am told NOMINATIONS ANNA ESTRINA, OF NEW YORK there are two bills at the desk due for NICOLE M. FINNEMANN, OF MICHIGAN Executive nominations received by TERRENCE FINNERAN, OF FLORIDA their first reading. CATHERINE DELIA CAMPBELL FISCHER, OF CALIFORNIA the Senate: The PRESIDING OFFICER. The BON FLEMING, OF THE DISTRICT OF COLUMBIA POSTAL REGULATORY COMMISSION CLAUDIA S. FOSS, OF VIRGINIA clerk will report the bills by title. RUTH A. GASKELL, OF VIRGINIA The assistant legislative clerk read MARK D. ACTON, OF KENTUCKY, TO BE A COMMIS- BRYAN M. GIBLIN, OF MARYLAND SIONER OF THE POSTAL REGULATORY COMMISSION FOR KENNETH W. GIBSON, OF VIRGINIA as follows: A TERM EXPIRING OCTOBER 14, 2016. (REAPPOINTMENT) WILLIAM C. GILBERT, OF MISSOURI

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KAREN ANDREA GLOCER, OF FLORIDA PAUL EDWIN MASTIN, OF COLORADO KENNETH S. TOMLINSON, OF VIRGINIA JENNIFER L. GOLDSTEIN, OF ILLINOIS TRINA C. BRISCOE MATTHEWS, OF MARYLAND JOSEPH E. ULMSCHNEIDER, OF MARYLAND PAUL GARRETT GRADDON, OF WASHINGTON ALEXANDER MAYER, OF TEXAS JASON J. VAN NORMAN, OF VIRGINIA SARAH R. GROSSBLATT, OF MARYLAND DIMITRY MEDVEDEV, OF NEW JERSEY SHARON VANDENABEELE, OF MICHIGAN ROBERT E. GROSSMAN, OF NEW YORK KELLY R. MERRICK, OF CALIFORNIA JACQUELINE D. VAUGHAN, OF VIRGINIA ALEXIS HART HAFTVANI, OF CALIFORNIA STEPHANIE G. MIRABELLO, OF VIRGINIA JULIA B. VELAZQUEZ, OF VIRGINIA JERROD E. HANSEN, OF WASHINGTON WILLIAM JAMES MISKELLY III, OF INDIANA HALIMA KAMRAN VOYLES, OF INDIANA JEFFREY WILLIAM HERMANSON, OF VIRGINIA THOMAS R. A. MONTGOMERY, OF CALIFORNIA KARIN S. WALLACE, OF TEXAS VALERIE E. HILL, OF VIRGINIA DAVID D. MOO, OF MISSOURI BRANDON THOMAS WATKINS, OF VIRGINIA JOHN OMAR HISHMEH, OF VIRGINIA ANDREW NELSON, OF CALIFORNIA KATHY A. WEHRLY, OF WASHINGTON NOAH BENJAMIN HOGAN, OF INDIANA MICHAEL A. NILI, OF VIRGINIA CAROLEE ANNE WILLIAMSON, OF MINNESOTA JULIA MAGDALENA HOZAKOWSKA, OF PENNSYLVANIA MANUEL A. ORELLANA, JR., OF MARYLAND WARREN WILSON, OF TENNESSEE JASON HUGHES, OF MISSOURI BRENDAN OWEN, OF VIRGINIA KATHERINE W. WINKLER, OF VIRGINIA CHERYL O. IGIRI, OF THE DISTRICT OF COLUMBIA STEVEN C. PAGE, OF VIRGINIA ABRAHAM D. WISE, OF WASHINGTON OGNIANA VASSILEVA IVANOVA-SRIRAM, OF NEW YORK JOSEPH ROBERT PALOMBO, JR., OF NEW HAMPSHIRE TODD G. WITT, OF VIRGINIA KYLE B. JEMISON, OF VIRGINIA DAVID D. PEMBERTON, OF VIRGINIA ALEXANDER T. WOLF, OF THE DISTRICT OF COLUMBIA JOHN P. JENKS, OF MARYLAND JEREMY ROSS PETERSON, OF WASHINGTON JEFFREY GORDON WOODAHL, OF VIRGINIA JESSICA R. JOHN, OF THE DISTRICT OF COLUMBIA RICHARD T. PHELAN, OF VIRGINIA DEREK H. WRIGHT, OF INDIANA ERIC W. JOHNSON, OF THE DISTRICT OF COLUMBIA DANIELLE M. PICARIELLO, OF VIRGINIA JENNIFER T. WU, OF THE DISTRICT OF COLUMBIA RUFUS H. JOHNSON, OF VIRGINIA GAVIN DOUGLAS PIERCY, OF ALASKA SETH F. YEAGER, OF VIRGINIA STACI R. JOHNSON, OF VIRGINIA JONATHAN PINOLI, OF FLORIDA NICHOLAS ZINSMEISTER, OF VIRGINIA ADRIENNE A. JONES, OF VIRGINIA ALLEN LEWIS POWELL, OF VIRGINIA THE FOLLOWING NAMED CAREER MEMBER OF THE ANDREW J. JONES, OF THE DISTRICT OF COLUMBIA PAUL PROKOP, OF WASHINGTON FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR ELIOT S. JUNG, OF NEW YORK JOHN E. REEKE, OF VIRGINIA PROMOTION INTO THE SENIOR FOREIGN SERVICE TO THE KHULOOD KANDIL, OF FLORIDA THERESA ANN REPEDE, OF VIRGINIA CLASS INDICATED: JAMES R. KAWKA, OF THE DISTRICT OF COLUMBIA NATHANIEL DAVID RETTENMAYER, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE CHRISTOPHER A. KELLAND, OF VIRGINIA MICHELLE J. RIFFE, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- DEREK R. KELLY, OF NEW YORK KEVIN J. RILEY, OF THE DISTRICT OF COLUMBIA SELOR, EFFECTIVE JANUARY 16, 2010: JOHN THOMAS STUART KENNEDY, OF FLORIDA CHRISTOPHER R. RINGENBACH, OF VIRGINIA JOHN H. KENT, OF VIRGINIA DANIEL O’MALLEY RITTENHOUSE, OF NEW YORK RONALD D. ACUFF, OF FLORIDA JUSTIN M. KERNS, OF VIRGINIA BRUCE W. RITTER, OF VIRGINIA MARA R. TEKACH-BALL, OF FLORIDA KIMBERLY KERR, OF UTAH JAMIE AZI ROBERTS, OF THE DISTRICT OF COLUMBIA IN THE NAVY DAE GUN KIM, OF CALIFORNIA TAM T. ROBERTS, OF VIRGINIA MICHAEL R. KISELYCZNYK, OF VIRGINIA DAN ROSENTHAL, OF FLORIDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL D. KOHANSKI, OF CALIFORNIA MARTIN PAUL RYAN, OF WISCONSIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEREMY K. KOLOSOVSKY, OF THE DISTRICT OF COLUM- MINDY NICOLE SARAFI-WIGGIN, OF VIRGINIA RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: BIA ROBERT LAWRENCE SCHWARTZ, OF THE DISTRICT OF CO- JAY J. KOMMERS, OF VIRGINIA LUMBIA To be captain KIRSTEN M. KRAWCZYK, OF VIRGINIA BRIAN A. SEIFIPOUR, OF VIRGINIA WILLIAM L. NOONEY ROBERT MATHEW KUBINEC, OF VIRGINIA BRIAN A SELLS, OF OHIO PETER M. LAPPE, OF MARYLAND GREGORY SIZEMORE, OF COLORADO MARY LEBEAU, OF FLORIDA ANDREW R. SMITH, OF VIRGINIA f CHUNG JOON LEE, OF CALIFORNIA JEFFREY S. SMITH, OF VIRGINIA FRANK LEE, OF MARYLAND DAMIAN J. STAFFORD, OF NEW YORK CONFIRMATION JACOB JOSEPH LEVIN, OF ILLINOIS JAMES E. STEVENSON, OF VIRGINIA LAURA E. LIPINSKI, OF VIRGINIA LAURA ANN SWANSON, OF VIRGINIA Executive nomination confirmed by GINA C. LOPRESTO, OF VIRGINIA ERIC SY, OF VIRGINIA JENNIFER G. LUKOWITZ, OF NEW YORK EARL SYMONDS III, OF VIRGINIA the Senate May 12, 2011: HOLLY M. MACKEY, OF VIRGINIA JENNIFER ANN SYMONDS, OF VIRGINIA THE JUDICIARY DIANE D. MAENDER, OF THE DISTRICT OF COLUMBIA DANIEL S. SZASZ, OF VIRGINIA CHARLES S. MAFFEY, OF VIRGINIA JESSICA N. TAI, OF VIRGINIA MICHAEL FRANCIS URBANSKI, OF VIRGINIA, TO BE MICHELLE D. MALLOY, OF VIRGINIA DENIS TEST, OF CONNECTICUT UNITED STATES DISTRICT JUDGE FOR THE WESTERN DENISE R. MARQUES, OF VIRGINIA STEPHANIE P. THOMAS, OF VIRGINIA DISTRICT OF VIRGINIA.

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MIKE SUMMERS RETIREMENT CONGRATULATING THE MOCK Firefighter Memorial, Lt. Leno will be pre- TRIAL TEAM OF ADAMS HIGH sented with the distinguished Medal of Valor. SCHOOL Lt. Leno’s years of untiring service to the Chi- HON. PETER J. VISCLOSKY cago community remind us of the extraor- dinary altruism necessary to commit one’s life OF INDIANA HON. JOE DONNELLY OF INDIANA to the service and protection of the commu- IN THE HOUSE OF REPRESENTATIVES nity. Furthermore, this distinction recognizes IN THE HOUSE OF REPRESENTATIVES his exemplary dedication to public safety and Thursday, May 12, 2011 Thursday, May 12, 2011 his commitment to duty. Mr. VISCLOSKY. Mr. Speaker, it is with Mr. DONNELLY of Indiana. Mr. Speaker, I The Medal of Valor is presented annually to firefighters who continually serve their commu- great pleasure and honor that I congratulate rise today to honor the Mock Trial team of nities without reservation in the face of danger Mr. Michael Summers on his retirement. Mike, Adams High School in South Bend, Indiana, or who have made the ultimate sacrifice. Nom- a 40-year member, 12-year officer, and Busi- winners of the 2011 National Mock Trial Com- petition. Adams High School once again dis- inated for this honor by Fire Commissioner ness Manager of Ironworkers Local #395, has played its superior Mock Trial skills in its sec- Robert Hoff, today Lt. Leno will join the ranks dedicated his life to the interests of his fellow ond national title and tenth time placing in the of fellow Chicago servicemen and fallen com- tradesmen and the entire community in North- top ten nationally. The competition, held in the rades in receiving an award that recognizes west Indiana. For his lifetime of service to the Sandra Day O’Connor U.S. District Court- outstanding dedication. Ironworkers and the Northwestern Indiana house in Phoenix, Arizona on May 6 and 7, In his 22 years of service, Lt. Leno has dis- Building and Construction Trades Council, 2011, featured 48 teams from 43 states, tinguished himself time and time again with Mike will be honored at a retirement dinner Guam, the Commonwealth of Northern Mar- countless acts of heroism. In addition to being taking place at Avalon Manor in Merrillville, IN, iana Islands, South Korea and Australia. Each formally recognized in 2009 by Mayor Daley on May 13, 2011. team competed in four rounds before the final for coordinating and participating in the rescue of three victims from the third floor of a burn- During his 40-year membership in Iron- deciding match. Adams defeated the Missouri state champions to cap its remarkable season ing building, Lt. Leno was nominated for Chi- workers Local #395, Mike has held many posi- which included winning the Indiana state cago’s Carter Harrison Award and won a Spe- tions and assisted the Building Trades in nu- championship in March. cial Honorable Mention for his firefighting per- merous capacities. Mike has represented the The team, nicknamed ‘‘The Ruckus,’’ prac- formance. Ironworkers Local #395 as Trustee to the ticed 40 hours each week leading up to the The 3rd District and Chicago are fortunate Health and Welfare Plan, the Annuity Plan, national competition. The team members in- to have public servants like Lt. Leno whose and the Joint Apprenticeship Training Com- clude seniors David Kern, Matt Caponigro, tireless commitment to safeguarding his com- mittee. He has devoted much of his time to Toby Stoner, Peter Doyle, Geoff Burdell and munity sets an example for all. On behalf of numerous boards and currently is a member Czesia Eid, and junior Jeremy Doyle. The the residents of Illinois’ 3rd District, I thank Lt. of the Building Construction Resource Center. team was coached by Adams teacher Heath David Leno for his outstanding devotion, dem- onstration of selflessness, and personal cour- Additionally, he is a member of the Tri-Parte Weaver with the assistance of Coaches John age above and beyond the call of duty; and I Committees for U.S. Steel, Arcelor Mittal Indi- Scanlan, Erin Linder, Andrew Jones, Lucas Burkett, and timekeeper Maria Caponigro. congratulate him for his deservedly being ana Harbor, and Burns Harbor. Mike is the awarded the Medal of Valor. past President of the Northwestern Indiana Mock Trial competitions require research, f Building and Construction Trades Council and mastery of legal issues, honing of courtroom tactics, and strong teamwork. Each team is has held elected office for the Ironworkers COMMEMORATING THE 103RD called on to prepare a legal case from the per- Local #395 as a Business Agent; currently, he BIRTHDAY OF THE UNITED spectives of both the plaintiff and defendant STATES NAVY NURSE CORPS is the Business Manager. Mike’s passion, de- and assume the roles of lawyers and wit- votion, and continuous support to the Building AND 100 YEARS OF SERVICE ON nesses at trial. Peter Doyle was recognized as GUAM Trades is truly remarkable and he is worthy of Best Witness in the national competition, an the highest praise. honor reflecting his extraordinary contribution HON. MADELEINE Z. BORDALLO to the victory. Again, I offer my congratulations Northwest Indiana has a rich history of ex- OF GUAM cellence in its craftsmanship and loyalty to its to the members of the team, the coaches, IN THE HOUSE OF REPRESENTATIVES Adams High School, and members of the members and service to the community. Mike Thursday, May 12, 2011 Summers has always displayed these qualities community who supported the team through- Ms. BORDALLO. Mr. Speaker, I rise today and I profoundly respect his unwavering dedi- out their training. The Adams Mock Trial team has represented Indiana, the City of South to commemorate the 103rd birthday of the cation to his own members and all the mem- Bend, their school and themselves with excel- United States Navy Nurse Corps, and their bers of the Building Trades. I also deeply lence and distinction. centennial anniversary of service on Guam. value his community involvement that has f The Navy Nurse Corps has a long history in touched and inspired so many. When it comes Guam and continues to be instrumental in to serving those in need throughout the com- RECOGNIZING LT. DAVID LENO, A supporting Guam’s health care system by munity, Michael Summers has always been CHICAGO FIREFIGHTER, FOR RE- training local nurses and modernizing health the first in line. He is generous to a fault. CEIVING THE PRESTIGIOUS care practices on the island. I would like to MEDAL OF VALOR AWARD Mr. Speaker, Michael Summers has given recognize and commend the Navy Nurse his time and efforts selflessly to those he has Corps’s outstanding contributions and service to the United States Navy, our nation, and the worked with and represented. He has been a HON. DANIEL LIPINSKI people of Guam. true role model to his peers and a true friend OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES Upon their arrival in 1911, three Navy to Northwest Indiana. Personally, I have found nurses established the U.S. Naval Hospital no better or loyal friend. I treasure our friend- Thursday, May 12, 2011 School for Native Nurses on Guam. This ship. I respectfully ask that you and my other Mr. LIPINSKI. Mr. Speaker, I rise today in school provided important nursing education distinguished colleagues join me in com- recognition of a courageous public servant, and training to local nurses who cared for pa- mending Mike for his outstanding contributions Chicago firefighter, Lt. David Leno. Today, in tients in acute care hospitals, public health vil- and in wishing him well upon his retirement. front of the Illinois Fire Services Association’s lage dispensaries, and in people’s homes. By

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

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I had noticed the flooding problem in ‘‘Operation New Life,’’ which brought over that area for years, and when Mayor Loch HONORING MICHAEL MCKENNA 100,000 refugees from South Vietnam to asked me to help him by communicating with HOPPENRATH Guam. In 1991, following the eruption of Congress to appropriate funds for the project, Mount Pinatubo in the Philippines, Guam Navy I knew it was important that I take part. Since HON. SAM GRAVES Nurses supported ‘‘Operation Fiery Vigil,’’ then, construction for the drainage project is OF MISSOURI which conducted the largest peacetime U.S. underway. Additionally, Loch oversaw the ac- IN THE HOUSE OF REPRESENTATIVES military evacuation in history, affecting more quisition of 10,800 acre feet of water rights Thursday, May 12, 2011 than 20,000 military personnel and their fami- from Lake Texoma, providing Gainesville with lies. Guam Navy Nurses also provided imme- enough water for the next fifty years. Mr. GRAVES of Missouri. Mr. Speaker, I diate, critical care as part of the medical On the threshold of Mayor Loch’s retire- proudly pause to recognize Michael McKenna teams that responded to Korean Airline Flight ment, I am pleased to have had the chance to Hoppenrath. Michael is a very special young 801, which crashed in Nimitz Hill on Guam in speak for a moment about this inspirational man who has exemplified the finest qualities 1997. man. His story, as effectively as anyone’s, of citizenship and leadership by taking an ac- Today, with more than 100 Navy Nurses on celebrates the true meaning of the American tive part in the Boy Scouts of America, Troop Guam, the Navy Nurse Corps continues to Dream. The American Dream is about taking 374, and earning the most prestigious award serve our local community by caring for our opportunity by the horns. The American of Eagle Scout. active duty service members, retirees, vet- Dream is about working tirelessly to make the Michael has been very active with his troop, erans, and their families at the U.S. Naval most of that opportunity. Most importantly, participating in many scout activities. Over the Hospital Guam, the Branch Clinic, and the VA however, the American Dream is about paying many years Michael has been involved with Community Based Outpatient Clinic. They re- it forward, ensuring that those down the line scouting, he has not only earned numerous main active in the civilian community, serving have the chance to do the same. It’s about merit badges, but also the respect of his fam- on various committees and projects, including bringing the dream full circle. On behalf of the ily, peers, and community. Most notably, Mi- the Guam Nurses Association, Guam Associa- 26th District of Texas, I thank Mayor Loch for chael has contributed to his community tion of Advanced Practice Registered Nurses, his service to Gainesville and the citizens of through his Eagle Scout project. the Guam Diabetes Association, the Guam America. Mr. Speaker, I proudly ask you to join me in Lions Club, the American Cancer Society, and f commending Michael McKenna Hoppenrath the Guam Memorial Hospital Volunteers Asso- for his accomplishments with the Boy Scouts ciation. HONORING DOS PUEBLOS HIGH of America and for his efforts put forth in On behalf of the people of Guam, I express SCHOOL SCIENCE BOWL achieving the highest distinction of Eagle a sincere un dangluko na si Yu’os ma’ase to Scout. the men and women of the Navy Nurse Corps HON. LOIS CAPPS f for 100 years of exceptional service to our is- OF CALIFORNIA HONORING CAPTAIN GREG L. land and community. IN THE HOUSE OF REPRESENTATIVES GARNER f Thursday, May 12, 2011 IN RECOGNITION OF GAINESVILLE Mrs. CAPPS. Mr. Speaker, I rise today in HON. JEFF DENHAM MAYOR GLENN LOCH’S RETIRE- honor of the Dos Pueblos High School OF CALIFORNIA MENT Science Bowl Team. Michael Feldman, Daniel IN THE HOUSE OF REPRESENTATIVES Gay, Ilan Goodman, Andy Granatelli, Daniel HON. MICHAEL C. BURGESS Richman and their coach Chris Jones made Thursday, May 12, 2011 OF TEXAS the South and Central Coast proud this month Mr. DENHAM. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES as representatives from California at the 2011 acknowledge and honor Fresno Police Depart- National Science Bowl, sponsored by the US ment Captain Greg L. Garner; and to thank Thursday, May 12, 2011 Department of Energy in DC. him for his 32 years of selfless service to his Mr. BURGESS. Mr. Speaker, I rise today to The U.S. Department of Energy National community. celebrate Mayor Glenn Loch of Gainesville, Science Bowl is a nationwide academic com- Captain Garner was born on February 4, Texas. Mayor Loch has served at different petition that tests students’ knowledge in all 1959 in Madera, California. After graduating times as both a beneficiary and champion of areas of science. High school and middle from Madera High School, Captain Garner the American dream. In the 1960’s, he came school students are quizzed in a fast paced went on to earn a Bachelors of Science in to Gainesville for the first time with his wife question-and-answer format similar to Jeop- Criminology and a Master’s of Science in Law Helen and their new baby. They had nothing ardy. Competing teams from diverse back- Enforcement Administration from California to their name but a mattress, yet with some grounds are comprised of four students, one State University, Fresno. He started his career help from the community and a willingness to alternate, and a teacher who serves as an ad- with the Fresno Police Department in 1979 as work hard, Loch became first councilman and visor and coach. The National Science Bowl’s a cadet, and worked his way through the eventually Mayor all in the course of ten high school competition involves more than ranks to become Police Officer, Police Ser- years. He is now the longest tenured mayor in 13,000 students and is the only science com- geant, Police Lieutenant, and Police Captain Gainesville history, and in his work, endeavors petition in the United States sponsored by a in 2001. to repay the kindness the community be- federal agency. During the tenure of his service, Captain stowed when he was still a stranger to them. In addition to their academic expertise, Garner has received multiple awards and ac- From the time of his first term in 1974, these students and their coach proved to be a colades. In 2008 the Fresno Police Depart- Gainesville has undergone fantastic trans- popular and supportive team in DC. Honored ment Traffic Unit under his command received formations. The downtown area, dilapidated by their peers, the DP team won the Civility the 2008 National Mothers Against Drunk Driv- after the oil bust of the 1980’s, is now, accord- Award, which recognizes excellent sportsman- ing Award. That same unit was recognized as ing to Mr. Loch, ‘‘second to none.’’ He also ship. In honor of winning this award, the team the number one Child Safety Program in the kicked off the ‘‘Take Pride in Gainesville’’ cam- earned a nine-day trip to Alaska to study the nation by the Office of Traffic Safety, and ap- paign. This campaign seeks to clean up region’s glacial, biological and geological peared on the cover of USA Today Magazine Gainesville both ‘‘trash-wise’’ and ‘‘crime- treasures. in recognition of the unit’s efforts to improve wise.’’ Initiatives in this campaign include re- Mr. Speaker, we speak often in DC of ‘‘win- traffic safety. designed frontage roads along both sides of ning the future.’’ I’m so proud to represent this When off-duty, Captain Garner is actively in- Interstate Highway 35, improving access and remarkable group of students, and their coach, volved in community causes, such as the traffic flow. Loch has continually sought to who are working tirelessly towards this goal. Downtown Revitalization Committee, Bring help Gainesville remain a place where people Today I mark their accomplishment and en- Broken Neighborhoods Back to Life Program,

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Throughout her tenure teered in March of Dimes Jail & Bail Fund- citizen to the countless Korean immigrants as CEO, Gail demonstrated the dedication and raisers, and is currently volunteering part-time whom he’s assisted in realizing American citi- leadership necessary to advance the Cham- at the Museum of Tolerance in Los Angeles. zenship. ber’s mission and enlarge the scope of the or- Mr. Speaker, please join me in honoring and And lastly, Dr. Ding Jo Currie, chancellor of ganization. commending Captain Greg L. Garner on his the Coast Community College District, whose I’m honored to call her a friend and I wish 32 years of service and dedication to improv- brilliance and passion for education has been Gail and her husband Randy all my best. She ing the safety and welfare his community, the demonstrated for over 30 years in building a is in my prayers as she leaves the Chamber City of Fresno. superior educational system for Orange Coun- to fight her next battle and, as she says, be- f ty’s students in higher education. come a cancer ‘‘survivor.’’ On behalf of Fort Through their hard work and dedication, the Bend County, I thank you for your hard work PERSONAL EXPLANATION Asian and Pacific Islander American commu- and service to the Fort Bend business com- nity continues to become an integral part of munity. HON. MIKE QUIGLEY the Orange County family—as entrepreneurs, f OF ILLINOIS community leaders and activists for worthy HONORING D. ERIC HULTMAN IN THE HOUSE OF REPRESENTATIVES causes. On behalf of all my colleagues in the House, I offer them our praise and our grati- Thursday, May 12, 2011 tude. HON. LEE TERRY Mr. QUIGLEY. Mr. Speaker, on May 11th, f OF NEBRASKA my vote on Rollcall vote No. 309 was incor- IN THE HOUSE OF REPRESENTATIVES HONORING SEAN KINCAID rectly recorded as ‘‘aye’’, when I intended to Thursday, May 12, 2011 vote ‘‘nay’’. I did not see the error until it was DALDRUP too late. I ask that the record reflect my strong Mr. TERRY. Mr. Speaker, I rise today to opposition to H.R. 1229 and my intention to HON. SAM GRAVES honor D. Eric Hultman who is retiring from my vote no on this legislation. OF MISSOURI office as Chief of Staff after eight years of service to the constituents of the Second Dis- f IN THE HOUSE OF REPRESENTATIVES trict of Nebraska and a career of service to all Thursday, May 12, 2011 ASIAN PACIFIC AMERICAN Americans. HERITAGE MONTH Mr. GRAVES of Missouri. Mr. Speaker, I Eric, a graduate of Brown University and proudly pause to recognize Sean Kincaid University of Nebraska College of Law, has HON. LORETTA SANCHEZ Daldrup. Sean is a very special young man served the public for over 20 years on Capitol who has exemplified the finest qualities of citi- Hill. He has been in senior positions with the OF CALIFORNIA zenship and leadership by taking an active House and Senate Judiciary Committees, a IN THE HOUSE OF REPRESENTATIVES part in the Boy Scouts of America, Troop 374, U.S. Senator, and a Member of U.S. House of Thursday, May 12, 2011 and earning the most prestigious award of Representatives. Ms. LORETTA SANCHEZ of California. Mr. Eagle Scout. His long and respected career also included Speaker, I rise today to recognize the Asian Sean has been very active with his troop, the position of Managing Editor for the Legis- and Pacific Islander American community in participating in many scout activities. Over the lative Digest for the House Republican Con- commemoration of Asian Pacific American many years Sean has been involved with ference and an attorney at several private law Heritage Month. scouting, he has not only earned numerous firms. As representative of the 47th congressional merit badges, but also the respect of his fam- He has worked tirelessly to make our coun- district of California, I feel privileged to be here ily, peers, and community. Most notably, Sean try safer, to make our government more effi- to speak of the history and accomplishments has contributed to his community through his cient, and to bring a sense of responsibility to of the Asian and Pacific Islander Americans. Eagle Scout project. Washington, DC. Even though Eric is a com- Mr. Speaker, I would like to take a moment Mr. Speaker, I proudly ask you to join me in mitted conservative, he knows the value of to acknowledge extraordinary community lead- commending Sean Kincaid Daldrup for his ac- working with members from all political stripes. ers who have contributed so much to the de- complishments with the Boy Scouts of Amer- This philosophy has served my office well velopment of the APIA community. ica and for his efforts put forth in achieving the through the years. I have in my district a compassionate, hu- highest distinction of Eagle Scout. He is a devoted father and husband who manitarian organization: Saint Anselm’s Cross- f somehow always managed to balance both family and professional commitments—a dif- Cultural Community Center. This year, they RECOGNIZING GAIL PARKER celebrate 35 years of assisting tens of thou- ficult task even for the best of us. But Eric al- ways managed to find that balance through sands of refugees in their resettlement and in- HON. PETE OLSON tegration, and empowering underserved com- his positive attitude and hard work. OF TEXAS munities. I am proud of Eric’s years of public service IN THE HOUSE OF REPRESENTATIVES I recognize the Orange County Asian and and am very appreciative of his hard work and Pacific Islander Community Alliance—the larg- Thursday, May 12, 2011 friendship. I have also learned to be appre- ciative of his sense of humor, which during est API organization in Orange County. Their Mr. OLSON. Mr. Speaker, I rise today to health outreach programs, after-school pro- stressful times, has come as welcome relief. recognize the achievements of Gail Parker, I, along, with all the other members of my grams, and policy advocacy programs make a the President and C.E.O. of the Central Fort staff will miss Eric for not only his patience, real difference in the lives of Orange County Bend Chamber Alliance in Fort Bend County, but his ability to have an answer for every residents. TX. Mrs. Parker is retiring after nearly 8 years question. His retirement is well deserved and Small businesses such as DTNtech Mar- at the helm of the Chamber. we wish him the best as he starts the next keting Solutions and Holiday Inn Express of Gail has certainly left her mark on the chapter of his life. Garden Grove that have demonstrated the Chamber. Under her leadership, Gail led the spirit of giving with their generous supply of charge to double the Chamber’s membership f donations and ongoing support for community from roughly 400 members in late 2003 to just HONORING VAN GUARD HOSE beneficiary projects. over 800 members currently, representing COMPANY NO. 1 I would like to recognize several individuals businesses from all sectors and industries for their extraordinary commitment to enhanc- across Fort Bend County. She also helped to HON. TIMOTHY H. BISHOP ing the vitality of the API community: create the Hispanic Business and Young Pro- OF NEW YORK Ms. Ysa Le for her involvement with art ac- fessionals Divisions, which have been critical IN THE HOUSE OF REPRESENTATIVES tivism for the Vietnamese American Arts & to bringing new members of the Fort Bend Letters Association to promote, preserve and business community to the Chamber. Thursday, May 12, 2011 enrich arts and culture by, for, and about the Gail is a consummate professional who Mr. BISHOP of New York. Mr. Speaker, Suf- Vietnamese communities. cares deeply about the community she serves. folk County is home to many fire department

VerDate Mar 15 2010 04:32 May 13, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.001 E12MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E876 CONGRESSIONAL RECORD — Extensions of Remarks May 12, 2011 companies that protect and serve our local RECOGNIZING KATHLEEN CAREY clude providing court security, managing the communities. I rise to honor the Van Guard MIHM detention center, and serving the civil law Hose Company No. 1 in Patchogue, New York process. Volunteers with the Sheriff’s Office and its members, who this year are cele- HON. MAURICE D. HINCHEY help provide inmate programs and services at brating the 120th anniversary of its founding. OF NEW YORK the Adult Detention Center (ADC) and Pre-Re- lease Center, including mental health coun- In the summer of 1890, local residents de- IN THE HOUSE OF REPRESENTATIVES seling, religious services, alcohol and drug termined that the Patchogue Fire Department Thursday, May 12, 2011 support groups, health education, library serv- was unable to adequately respond to fire Mr. HINCHEY. Mr. Speaker, I rise today to ices and job training. emergencies in the southern section of the Vil- pay tribute to an outstanding citizen of the Volunteers complete a Sheriff’s Office train- lage of Patchogue when Captain G.G. Hor- 22nd Congressional District of New York, Ms. ing program and also work closely with staff to ton’s barn was destroyed by fire. Due to this Kathleen Carey Mihm. Kathy, as she is fondly ensure that best practices are followed. A re- unfortunate event, these local residents known to family and friends, is a warm, witty cent study completed at the Fairfax County formed the Van Guard Hose Company. and insightful woman who has dedicated her Adult Detention Center showed the significant Residents requested the purchase of a hose professional life to public service and, in doing impact that detention center rehabilitation pro- cart and the fire directors of Patchogue Fire so, has made a lasting contribution to her grams can provide. The efforts of these volun- Department granted the purchase of a two- community. teers improve the lives of those incarcerated, wheeled cart and 500 feet of hose. Chief A native of Kingston, Kathy grew up in a reduce recidivism, and make our communities lively Irish family with nine brothers and sis- safer. Edwin Bailey, the department’s first chief, was ters. She graduated from Kingston High Each year, the Sheriff’s Office hosts a tasked with determining the location to house School and went on to pursue advanced study luncheon to thank all of the dedicated individ- the new equipment. at Ulster County Community College. Kathy uals who help make the volunteer program a Fourteen residents came together to form began her public career as the Village of success. It is my pleasure to recognize the the present company for its regular meeting Rosendale Clerk, followed by two consecutive honorees in each service area: on January 13, 1891 at the home of Mrs. Al- terms as a member of the Ulster County Leg- Alcohol and Drug Services—Nate Trager fred C. Mott, a resident of southern islature. In 1985, she began a distinguished OAR—Opportunities, Alternatives, and Re- Patchogue. Today, Van Guard Hose Company career with the Ulster County Board of Elec- sources—Linda Rule No. 1, located just down the street from where tions. Kathy served as Deputy Commissioner Chaplain’s Office—Norman J. Bacon under the late Harry Castiglione and then, Education—Bill Richey the company first met, has grown to 63 mem- The efforts of these individuals are particu- after a brief time as Clerk of the Legislature, bers who bravely and selflessly serve their larly noteworthy, but I also want to acknowl- was appointed as Commissioner of Elections community. edge the nearly 300 volunteers who have con- for the Democratic Party. Mr. Speaker, it gives me great comfort to During her tenure with the Elections Board, tributed their time and support to the Sheriff’s know that Long Island is still a collection of Kathy was a tremendous asset to the voting Office during the past year. These volunteers communities where neighbors look out for one public of Ulster County. She understood that provide services that help to place inmates on another, as they did back in the 1890s. I’m the fundamental mission of the Board of Elec- a path to success. They offer their time that proud to represent Van Guard Hose Company tions is to serve the voting public in a bipar- could be spent elsewhere to provide encour- No. 1 and its members in the House of Rep- tisan manner. She worked hard and was dili- agement and support that will improve lives resentatives. I offer my congratulations on this gent in her efforts to ensure that every eligible during incarceration and provide for a suc- milestone and wish them well for many years vote was counted. Kathy retired in December cessful transition to help get inmates back on of continued service to the Patchogue Fire of last year in order to spend more time with their feet. The efforts of each and every one of these volunteers are commendable and de- District. her two children and four grandchildren. She has left behind a lasting legacy of honor and serve our praise. Sheriff Stan Barry and the staff of the Fair- integrity. f fax County Sheriff’s Office should be com- Mr. Speaker, I have had the pleasure of mended for their critical role in administering HONORING MITCHELL RYAN knowing and working with Kathleen Carey the volunteer program. The efforts of these KOVAC Mihm for more than twenty-five years. She staffers maximize the contributions of volun- has been a dear friend and a valued adviser teers in the most effective way and provide and we have worked closely on many issues the support that makes this program a suc- of importance to the residents of Ulster Coun- HON. SAM GRAVES cess. ty. Her work on behalf of the Board of Elec- OF MISSOURI Mr. Speaker, I ask my colleagues to join me tions and her community was both inspiring in recognizing the contributions of these indi- IN THE HOUSE OF REPRESENTATIVES and commendable. It is with great pleasure viduals and all of the volunteers who support that I recognize her outstanding contributions Thursday, May 12, 2011 the Fairfax County Sheriff’s Office. The self- and achievements. less commitment of these individuals helps to Mr. GRAVES of Missouri. Mr. Speaker, I f provide enumerable benefits to our community proudly pause to recognize Mitchell Ryan IN RECOGNITION OF THE 2011 and life-changing services to the inmates they Kovac. Mitchell is a very special young man FAIRFAX COUNTY SHERIFF’S OF- serve. who has exemplified the finest qualities of citi- FICE VOLUNTEERS OF THE YEAR f zenship and leadership by taking an active TRIBUTE TO MRS. ADA LEE part in the Boy Scouts of America, Troop 374, HON. GERALD E. CONNOLLY PATRICK and earning the most prestigious award of OF VIRGINIA Eagle Scout. IN THE HOUSE OF REPRESENTATIVES HON. DANNY K. DAVIS Mitchell has been very active with his troop, Thursday, May 12, 2011 OF ILLINOIS participating in many scout activities. Over the IN THE HOUSE OF REPRESENTATIVES Mr. CONNOLLY of Virginia. Mr. Speaker, I many years Mitchell has been involved with Thursday, May 12, 2011 scouting, he has not only earned numerous rise to honor the volunteers who assist the merit badges, but also the respect of his fam- Fairfax County Sherriff’s Office. These volun- Mr. DAVIS of Illinois. Mr. Speaker, I rise to ily, peers, and community. Most notably, teers work with deputies and civilian staff to pay tribute to a member of my church, a de- help inmates to improve their lives during in- Mitchell has contributed to his community voted wife and mother, a Christian woman and carceration and to prepare them for a suc- through his Eagle Scout project. a friend to many. cessful transition back into the community. Mrs. Ada Lee Patrick was born in Holmes Mr. Speaker, I proudly ask you to join me in With more than 500 deputies, the Fairfax County, Mississippi, in 1948 and migrated with commending Mitchell Ryan Kovac for his ac- County Sheriff’s Office is the largest Sheriff’s her family to Chicago, Illinois in 1957. She at- complishments with the Boy Scouts of Amer- office in Virginia and among the largest in the tended the local elementary and high school ica and for his efforts put forth in achieving the country. These deputies perform invaluable on the west side of Chicago. She was bap- highest distinction of Eagle Scout. services for Fairfax County residents which in- tized at the Mt. Carmel Church and later

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This competition brings Mrs. Patrick was actively involved in her menting erosion and sediment control meas- students from all over the United States to- church and was known as a cheerful and up- ures for soil conservation or increasing the gether to hone their skills in math and science beat person. Her backing was legendary and tree cover through tree preservation and plant- in order to design, build, and fly a model rock- she is always ready to share encouraging ing efforts. et. The rocket must carry one raw egg to an words with everyone. Fairfax County is considered one of the best altitude of exactly 750 feet, remain airborne for Mr. Speaker, the world is a better place in counties in the Nation in which to live, work 40 to 45 seconds and return to the ground which to live because of the life and contribu- and raise a family. One reason for this des- with the raw egg intact. With this annual com- tions of Mrs. Ada Lee Patrick. May her soul ignation is the innovative environmental pro- petition, the Aerospace Industries Association rest in peace and we extend our heartfelt con- tection policies that have been implemented seeks to inspire students to pursue careers in dolences to her husband Frank and other by the county and embraced by its business the aerospace industry. members of her family. partners. I am pleased to have led that effort The students at Northwest High School f during my tenure as Chairman of the Board of have been working all year to prepare for this ISRAEL’S 63RD INDEPENDENCE Supervisors. These awards recognize the fol- opportunity. The event holds over $60,000 in DAY lowing individuals and companies who have prize money, scholarships, and a trip to the successfully brought their projects to comple- Paris Air Show. I know the students of North- HON. ROBERT A. BRADY tion while preserving and enhancing the local west High School have spent much time and environment: energy into this opportunity, and I wish them OF PENNSYLVANIA Small Commercial: The Howard Gardner all the best. Regardless of the outcome, I and IN THE HOUSE OF REPRESENTATIVES School the rest of the 26th District of Texas are ex- Thursday, May 12, 2011 Large Commercial: Aerospace Corporation tremely proud of this impressive group of stu- Mr. BRADY of Pennsylvania. Mr. Speaker, I Parcel 35 at Westfields dents. rise today to congratulate Israel on the cele- Small Single Family Residential: Yorkshire f bration of its 63rd Independence Day. I am a Subdivision strong supporter of the State of Israel and be- Large Single Family Residential: Huntington A TRIBUTE TO JONATHAN LANE lieve in its right to exist as a Jewish and Mews, Section 2 ARTHUR democratic state with secure and recognized Linear Project: Bull Run Woods borders. Best Protected Environmentally Sensitive HON. TOM LATHAM As our strongest democratic ally in the Mid- Site: Aerospace Corporation Parcel 35 at OF IOWA dle East, Israel is a crucial friend of the United Westfields IN THE HOUSE OF REPRESENTATIVES States, and its continued strength and stability Outstanding Site Superintendent: Greg Thursday, May 12, 2011 are in our nation’s best interest. Clark The past several years have been a chal- Outstanding Engineering Firm: Whitman, Mr. LATHAM. Mr. Speaker, I rise today to lenging time for Israel. Israel continues to face Requardt & Associates, LLP recognize and congratulate Jonathan Lane Ar- danger on many fronts, from the ongoing Outstanding Contractor: James G. Davis thur for achieving the rank of an Eagle Scout. threat of terrorism to the potential rise of a nu- Environmental and Facilities Inspections Di- The Eagle Scout rank is the highest ad- clear-armed Iran. Peace and stability in Israel vision Inspector of the Year (East): Martin vancement rank in scouting. Only about 5% of and the Middle East at large are still a possi- Klema Boy Scouts earn the Eagle Scout Award. The bility. Despite recent events with Fatah and Environmental and Facilities Inspections Di- award is a performance based achievement Hamas, I hope that Palestinian authorities will vision Inspector of the Year (West): William whose standards have been well-maintained be willing to come to the table and negotiate Dougherty over the years. To earn the Eagle Scout rank, peace with their Israeli neighbors. I trust that Environmental and Site Review Division Re- a Boy Scout is obligated to pass specific tests new commitments and agreements are viewer of the Year (East): Hani Fawaz that are organized by requirements and merit reached that enable these two states to live Environmental and Site Review Division Re- badges, as well as completing an Eagle peacefully with one another. viewer of the Year (West): Shahab Baig Project to benefit the community. I will continue to advocate for policies that Tree Preservation Awards: Mr. Speaker, the example set by this young make Israel more secure and work to alleviate Potomac School man and his supportive family demonstrates the tensions in the Middle East, and I urge my Pohick Stream Valley Park Trail the rewards of hard work, dedication and per- colleagues to join me. As a member of the The Aerospace Corporation Stream Res- severance. I am honored to represent Jona- Israel Allies Caucus, I have been an active ad- toration Project than and his family in the United States Con- vocate for Israel and its people. I know the Tree Planting Category Award Recipients: gress. I know that all of my colleagues will join people of Israel want to live in peace with their Francis Scott Key Middle School me in congratulating him on earning an Eagle Palestinian neighbors, and I will push for con- Huntly Terrace Townhomes Scout ranking and will wish him continued tinued American engagement in the peace Mr. Speaker, I ask my colleagues to join me success in his future education and career. process. Together, the United States and in applauding the efforts of those involved with f Israel will continue to work in partnership to these projects. Fairfax County and its resi- bring peace and security to the Middle East. dents have benefitted greatly from the collabo- HONORING LT. COLONEL ALFRED Mr. Speaker, I ask that you and my other rative spirit that is represented by these FRANCIS distinguished colleagues join me in congratu- awards today. I wish to thank all of the award- lating Israel on their 63rd Independence Day. ees for their efforts on behalf of our commu- HON. DONNA M. CHRISTENSEN f nity, and I congratulate them on receiving OF THE VIRGIN ISLANDS RECOGNIZING THE HONOREES OF these awards. IN THE HOUSE OF REPRESENTATIVES THE 2010 FAIRFAX COUNTY LAND f Thursday, May 12, 2011 CONSERVATION AND TREE IN RECOGNITION OF NORTHWEST PLANTING AND PRESERVATION Mrs. CHRISTENSEN. Mr. Speaker, next Fri- HIGH SCHOOL AWARDS day, an outstanding member of our military who hails from my district in the U.S. Virgin Is- HON. MICHAEL C. BURGESS lands will receive a promotion to Colonel at HON. GERALD E. CONNOLLY the Pentagon and I rise today to salute his OF VIRGINIA OF TEXAS service to our country. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Lt. Colonel Alfred Francis, known as ‘‘Plow’’ Thursday, May 12, 2011 Thursday, May 12, 2011 to his family and friends as a native of St. Mr. CONNOLLY of Virginia. Mr. Speaker, I Mr. BURGESS. Mr. Speaker, I rise today to Croix in the U.S. Virgin Islands, is currently rise to recognize the recipients of Fairfax call special attention to Northwest High School assigned to The Army Staff, Pentagon here in

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I know that my col- Support Center as Division Chief, NMCC Op- quality health care to the Roseland area of leagues will join me in commending them for erations. He deployed in support of ENDUR- Santa Rosa, where the predominantly Latino their sincere dedication to establishing a better ING FREEDOM between 2002 and 2005. He community had no access to medical care. community and wish them continued success was assigned to Headquarters, 25th Infantry These providers worked tirelessly for 4 years well into the future. Division (Light), Schoefield Barrack, Hawaii, until their first clinic opened with the help of f serving as the Assistant Division Signal Offi- the Sisters of St. Joseph and Santa Rosa Me- cer/Deputy G6 and as the Executive Officer, morial Hospital. Southwest Community Health RECOGNIZING DAN KEIFER 125th Signal Battalion and later as Deputy Center opened its doors on March 19th, St. CJ6, CJTF–76. Joseph’s day, and was warmly welcomed to HON. SANDER M. LEVIN Lt. Colonel Francis received his Bachelor of the community. OF MICHIGAN Science Degree and ROTC Commission as a Under the guidance of CEO Naomi Fuchs, IN THE HOUSE OF REPRESENTATIVES Distinguished Military Graduate from Alabama the original clinic at Lombardi Court expanded Thursday, May 12, 2011 A&M University in 1989. He has a Bachelor of its hours and its facility. Ms. Fuchs also re- Science degree in Mechanical Engineering sponded to the needs of several other impor- Mr. LEVIN. Mr. Speaker, I rise today to rec- Technology and Minor in Mathematics and a tant community programs that were facing ognize an environmental leader from South- Master of Science degree in Quality Systems budget restraints that threatened closure. The eastern Michigan, Dan Keifer, as he retires Management from the National Graduate Elsie Allen Health Center, Turning Point Sat- from the Clinton River Watershed Council after School. Upon completion of the Signal Officers ellite Clinic, Southwest Adult Day Services and 10 years of dedicated service to the Clinton Basic Course, he was assigned to the 279th River watershed. Signal Platoon, Kaiserlautern, Germany, the Family Practice Residency Program were all brought under the Southwest umbrella as Those of us who represent urban water- where he served as a Platoon Leader and Ex- sheds know that the health of the waterways ercise and Plans officer from 1990 to 1993. well as the Homeless Clinic, Roseland Chil- dren’s Health Center and HIV/AIDS care. As that flow through our communities are often Upon graduation from the Signal Officers measured in terms of specific indicators. A re- Advanced Course at Fort Gordon, Georgia, he their service area expanded well beyond the southwest corner of the city, they assumed a covering river has fewer beach closings, de- was assigned to 525th Military Intelligence, clining e-coli pollution counts, and less bank XVIII Airborne Corps, Fort Bragg, North Caro- name that better represents them: Santa Rosa erosion and sedimentation. A recovering river lina, where he served as Brigade Signal Offi- Community Health Centers. also shows restoration of native riparian vege- cer, then Company Commander of A Com- In order to better serve their patients, 2011 tation, improved habitat, healthier stream pany–327th Signal Battalion, 35th Signal Bri- saw the opening of the Vista Family Health flows, and the return of a wide variety of fish gade (Corps, Airborne) from 1994 to 1996. He Center, a 42,500 square foot facility that pro- was then assigned to the Military District of vides primary care and obstetrics to an addi- and other aquatic organisms. All of these wa- Washington, where he served on the 1997 tional 10,000 residents. This beautiful new tershed characteristics are measurable. Presidential Inaugural Committee as Chief, health center reminds patients, many of whom Another quality of recovering waterways is Visual Information Branch, followed by assign- are low income, that a medical home with a harder to directly measure, but is no less es- ments within the Defense Information System caring medical team is a right rather than a sential. Recovering rivers and streams invari- Agency, DISA, as a Commercial Satellite privilege. ably have people who take the time and trou- Communications Officer and as a Communica- Mr. Speaker, it is appropriate at this time ble to care for them and work on their behalf. tion Watch Officer in the National Military that we congratulate Santa Rosa Community Without such public advocates, water quality Command Center, NMCC, Joint Staff, Pen- Health Centers on 15 years of ensuring that improvements simply don’t happen. Dan Keifer tagon from 1996 to 2000. everyone who enters their doors is heard, val- has been a powerful advocate and force for Lt. Colonel Francis’ awards and decorations ued and honored. good in the Clinton River and Lake St. Clair include the Defense Meritorious Service f watersheds. He has been an invaluable asset Medal, the Army Commendation Medal, the to the Watershed Council’s mission to protect, Meritorious Service Medal, the Joint Staff A TRIBUTE TO MAPLEWOOD enhance, and celebrate the Clinton River, its Commendation Medal, the Army Achievement NEIGHBORS watershed, and Lake St. Clair. Medal, the National Defense Service Medal Dan joined the Clinton River Watershed with Bronze Star, the Armed Forces Expedi- HON. TOM LATHAM Council staff in 2002 and has served as that tionary Medal, the Afghanistan Campaign OF IOWA organization’s Development Director and, Medal, the Global War on Terrorism Service IN THE HOUSE OF REPRESENTATIVES later, as the Community Outreach Coordinator. Medal, the Korean Defense Service Medal, Along the way, Dan has coordinated countless the Joint Meritorious Unit Award, the Joint Thursday, May 12, 2011 projects, meetings, and outreach efforts in Staff Badge, the Army Staff Badge and the Mr. LATHAM. Mr. Speaker, I rise today to support of water quality in our area. In 2008, Parachutist Badge. recognize the Maplewood neighbors of Hum- Dan was awarded the National Distinguished Mr. Speaker, the people of Fredriksted, St. boldt for being the recipients of the Good Service Award for Trout Unlimited for his work Croix, the U.S. Virgin Islands and indeed the Neighbor Award at the 2011 Humboldt County in coordinating the Watershed Council’s entire nation are proud of Lt. Colonel Francis. Spirit Awards. Coldwater Conservation Project. He is an exemplary young American who The Humboldt County Spirit Awards were Dan has also been an important part of my serves as a role model to the young people of established to recognize and honor out- own office’s water quality work, including ef- our islands and is a source of pride to his par- standing groups and individuals who have forts to support the new Great Lakes Restora- ents, Betty L. Wilson and Divincy ‘‘Tino’’ worked for the benefit of all citizens of Hum- tion Initiative and deploy resources from that Francis. We salute him on the occasion of his boldt County, to celebrate the accomplish- program in the watershed. He has worked with promotion to Colonel. ments and activities of our communities, to ac- my office on everything from grants, to efforts f knowledge the value of volunteerism in the to battle the invasive Asian carp, to the HONORING SANTA ROSA county, and to have a positive impact on com- emerging partnership to carry out the rec- COMMUNITY HEALTH CENTERS munity spirit. ommendations of the Lake St. Clair Manage- Annually included in the Spirit Awards, the ment Plan. Through it all, Dan has been an in- Good Neighbor Award is presented to an indi- valuable resource to my office. HON. LYNN C. WOOLSEY vidual or group who exemplify true neighbor- Over the years, Dan has traveled the length OF CALIFORNIA hood spirit by lending a helping hand in a time and breadth of the watershed to speak to IN THE HOUSE OF REPRESENTATIVES of need. This was exemplified when Maple- groups and relate the 10,000-year history of Thursday, May 12, 2011 wood neighbors assisted a recently widowed the Clinton River Watershed, telling the story Ms. WOOLSEY. Mr. Speaker, I rise today to and grieving neighbor by selflessly mowing about the progress that has been made from honor Santa Rosa Community Health Centers her lawn, moving snow from her driveway, and the days when the Clinton River was one of

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the most polluted rivers in Michigan to today SCHIFF, BRAD SHERMAN and HENRY A. WAX- grand dragon of the Illinois Ku Klux Klan was when the trout and salmon have returned. He MAN, as we pay tribute to Dr. Robert Wexler convicted in connection with the bombing. speaks of what is needed going forward to who is being honored by the American Jewish Mr. Gilman’s politics came under scrutiny in fully restore the Clinton River and address the University. the 1950s; he was twice called before the challenges confronting this urban waterway. We know firsthand of his many outstanding House Un-American Activities Committee for This is an important story. In the truest sense, contributions to our community. For 18 years, his involvement in organizations deemed to be Dan has been the voice for the Clinton River. Bob has been the President of the American Communist. Gilman refused to testify or impli- Dan and his wife Heidi are moving to the Jewish University, where students are offered cate anyone else pleading the 5th Amendment Washington area to take up their responsibil- an educational setting which embraces both and displaying his military medals in a large ities as grandparents. On behalf of myself, my the history of the Jewish heritage and the frame to the ire of his questioners. staff, and everyone who has benefitted from skills necessary to become leaders in society. John Gilman’s autobiography, Footsoldier his work, I am so pleased to join with the en- During his time at the university, Bob’s many for Peace and Justice details an amazing life tire community in paying tribute to his achieve- accomplishments contributed greatly to the and in his own words ‘‘standing up against ments and thank him for his years of service growth and prestigious reputation of the insti- what he thought was wrong’’. Mr. Gilman is to the watershed. tution. In 2007, he led the merger between survived by his wife Helen; daughters, Rose f Brandeis Bardin Institute and the University of Corso and Jennifer Gilman; 2 sons, Herman Judaism, creating the American Jewish Uni- and Glenn; a brother, Jack; and a sister, Edith PERSONAL EXPLANATION versity and making it one of the largest Jewish Silverstein; grandchildren and great-grand- institutions in the United States. Bob is also children. HON. ALLYSON Y. SCHWARTZ responsible for the establishment of the Zie- Mr. Speaker, Milwaukee and the country OF PENNSYLVANIA gler School of Rabbinic Studies at AJU, which has experienced a profound loss with the IN THE HOUSE OF REPRESENTATIVES is the first independent conservative rabbinical passing of John Gilman. Mr. Gilman remained Thursday, May 12, 2011 school in the west. Bob is also a founder of active almost until his death; I am proud to Ms. SCHWARTZ. Mr. Speaker, on Wednes- the Whizin Center for Continuing Education. have called him friend. John Gilman was a day, May 11, I was unable to cast my vote on In addition to his distinguished work as the true patriot understanding the turmoil of war rollcall vote No. 312, the Connolly of Virginia President of AJU, Bob has been deeply in- firsthand through his honorable defense of his Amendment No. 2 to H.R. 1231. volved in many charitable organizations. He country but still fighting for peace because of Had I been present, I would have voted in has generously given his time to many of the his service. Today, I thank him and his family favor of the amendment. Los Angeles Federation’s commissions and for their immeasurable achievements, I mourn f committees, and has been named to News- his loss and I salute his legacy. week’s list of America’s 50 most influential f A TRIBUTE TO THE GOLD-EAGLE rabbis, as well as Forward’s list of the 50 most COOPERATIVE significant American Jewish leaders. A TRIBUTE TO ELWIN HODGES Mr. Speaker and distinguished colleagues, HON. TOM LATHAM we ask you to join us in recognizing Dr. Rob- HON. TOM LATHAM OF IOWA ert Wexler for his invaluable service and dedi- OF IOWA IN THE HOUSE OF REPRESENTATIVES cation to the community. IN THE HOUSE OF REPRESENTATIVES Thursday, May 12, 2011 f Thursday, May 12, 2011 Mr. LATHAM. Mr. Speaker, I rise today to A TRIBUTE TO THE LIFE AND Mr. LATHAM. Mr. Speaker, I rise today to recognize the Gold-Eagle Cooperative of WORK OF JOHN GILMAN recognize Elwin Hodges for being the recipient Humboldt for being the recipient of the Hori- of the Spirit Award at the 2011 Humboldt zon Award at the 2011 Humboldt County Spirit HON. GWEN MOORE County Spirit Awards. Awards. OF WISCONSIN The Humboldt County Spirit Awards were The Humboldt County Spirit Awards were IN THE HOUSE OF REPRESENTATIVES established to recognize and honor out- established to recognize and honor out- standing groups and individuals who have standing groups and individuals who have Thursday, May 12, 2011 worked for the benefit of all citizens of Hum- worked for the benefit of all citizens of Hum- Ms. MOORE. Mr. Speaker, I rise to pay trib- boldt County, to celebrate the accomplish- boldt County, to celebrate the accomplish- ute to the life and work of John Gilman, a so- ments and activities of our communities, to ac- ments and activities of our communities, to ac- cial justice and peace activist, author, deco- knowledge the value of volunteerism in the knowledge the value of volunteerism in the rated veteran and business owner. Mr. Gilman county, and to have a positive impact on com- county, and to have a positive impact on com- died on April 26, 2011, at the age of 90. munity spirit. munity spirit. Mr. Gilman was one of ten children born to Annually included in the Spirit Awards, the Annually included in the Spirit Awards, the Jewish immigrant parents in Chester, Pennsyl- Spirit Award is presented to a leader in the Horizon Award is presented to a business or vania. John Gilman put his beliefs into action community and recognizes longtime achieve- entity which has brightened Humboldt’s hori- at an early age, leading his high school class- ment of community support or a superior effort zon through building improvement. Gold-Eagle mates in a strike. They demanded a new on behalf of the Humboldt community. Elwin has made important commitments to the com- school building due to overcrowding that has consistently been finding new ways to munities of Thor and Renwick over the past caused students to attend in shifts. help those around him for more than 50 years. year and both communities have enjoyed size- Mr. Gilman served as an infantryman in A 55-year member of the Lions Club, Elwin re- able expansion. World War II and saw combat during the Allied cently was awarded the Lions International Mr. Speaker, I am honored to represent the advance into Germany. He was nominated for President’s Medal, which is the second high- members of the Gold-Eagle Cooperative in the a Medal of Honor and awarded the Bronze est award a Lion can receive. He earned this United States Congress. I know that my col- and Silver Stars in addition to the Distin- award through commitment to the local vision leagues join me in commending them for their guished Service Cross for his exemplary serv- program for school children, years of service sincere dedication to establishing a better ice including ‘‘taking out’’ a German pillbox to the Department of Social Services, dona- community and wish them continued success and tank. tions of hundreds of pounds of vegetables to well into the future. A social activist throughout his life, he the Upper Des Moines and the Food Pantry f served as Executive Director of the Wisconsin from his own garden, and most interestingly, TRIBUTE TO ROBERT WEXLER Civil Rights Congress fighting against racism. by inventing the hand-crafted ‘‘Fort-U-Nut’’ to He was one of the pioneers of humanitarian provide thousands of messages of cheer and HON. HOWARD L. BERMAN aid for Cuba, worked for nuclear disarmament inspiration to those that need them most. and was an early local protestor against the Mr. Speaker, I am honored to represent OF CALIFORNIA Vietnam War. Mr. Gilman marched with Father Elwin in the United States Congress. I know IN THE HOUSE OF REPRESENTATIVES James Groppi, Father Dismas Becker, and the that my colleagues join me in commending Thursday, May 12, 2011 Rev. Lucius Walker during Milwaukee’s civil them for their sincere dedication to estab- Mr. BERMAN. Mr. Speaker, I am pleased to rights struggle. The flooring store he operated lishing a better community and wish them con- join my colleagues, Representatives ADAM was firebombed in retaliation for his work. The tinued success well into the future

VerDate Mar 15 2010 04:32 May 13, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MY8.011 E12MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E880 CONGRESSIONAL RECORD — Extensions of Remarks May 12, 2011 NATIONAL EMS WEEK most appropriate health care facility during the A TRIBUTE TO LOIS ANN JOHNSON most dire of circumstances. In addition, we HON. DENNIS A. CARDOZA cannot overlook the many other people, from OF CALIFORNIA aviation mechanics to communication special- HON. TOM LATHAM IN THE HOUSE OF REPRESENTATIVES ists, that play a key role in MedEvac oper- OF IOWA ations. Thursday, May 12, 2011 IN THE HOUSE OF REPRESENTATIVES All of the dedicated men and women of the Mr. CARDOZA. Mr. Speaker, May 15th MedEvac community deserve our heartfelt Thursday, May 12, 2011 through the 21st is National EMS Week, a thanks. I urge all of my colleagues, during this Mr. LATHAM. Mr. Speaker, I rise today to week set aside to reflect upon and honor the National EMS Week, to take a moment to rec- recognize Lois Ann Johnson of Humboldt, life-saving and heroic role the Emergency ognize these unsung heroes and the life-sav- Iowa for being the recipient of the Inspiration Medical Services, EMS, community plays in ing services the MedEvac community brings to Award at the 2011 Humboldt County Spirit our society. While everyone associated with their districts and across the nation. the EMS system is worthy of due praise, I rise Awards. today to pay tribute to one particular segment f The Humboldt County Spirit Awards were of the EMS system. established to recognize and honor out- In conjunction with EMS Week, the Associa- HONORING MENDOTA HIGH standing groups and individuals who have tion of Air Medical Services is instituting the SCHOOL CHESS TEAM worked for the benefit of all citizens of Hum- inaugural MedEvac Hour, asking those who boldt County, to celebrate the accomplish- are participating in EMS Week to find one ments and activities of our communities, to ac- hour of the week to recognize the contribu- HON. JIM COSTA knowledge the value of volunteerism in the tions of all those involved in helicopter and OF CALIFORNIA county, and to have a positive impact on com- fixed-wing aircraft medical transport. As a co- munity spirit. IN THE HOUSE OF REPRESENTATIVES chair of the Congressional Air Medical Cau- Annually included in the Spirit Awards, the cus, I recognize the vital role the air medical Thursday, May 12, 2011 Inspiration Award is presented to an individual community plays in this nation’s health care with a ‘‘can-do’’ attitude who is involved in all Mr. COSTA. Mr. Speaker, I rise today to system. facets of the community both as a leader and congratulate the Mendota High School Chess I would like to take this opportunity to espe- team player. Lois was recognized for her ex- Team, home of the mighty Aztecs, on their cially commend the exemplary services pro- tensive volunteer work at her local hospital first place victory at the CalChess State vided to my constituents in California’s 18th auxiliary, church, and care centers, just to Championships held recently in Santa Clara, congressional district: PHI Air Medical of Mo- name a few. Lois was also recognized as a California. This event drew more than 1,300 desto, Medi-Flight of Modesto and Merced, mentor at the elementary school and as presi- students from over 100 schools from across REACH Air Medical Services of Stockton, Sky dent of the advisory group associated with the our great Golden State. Life Central California of Fresno, and the Cali- community’s CARE team. fornia Highway Patrol—Central Division. The This victory is especially fitting as it clearly Mr. Speaker, I am honored to represent Lois work they do saves lives and we are grateful embodies the classic ‘‘underdog’’ tale. Ann Johnson in the United States Congress. I for it. Mendota is not where you would normally ex- know that my colleagues join me in com- Numerous studies have shown that the first pect to find the state’s top high school chess mending her for her sincere dedication to es- hour following a trauma is a critical period in team. As their coach Vaness French ex- tablishing a better community and wish her determining the final health outcome of the pa- plained, ‘‘I taught my kids a long time ago, continued success well into the future. tient. However, 46.7 million Americans live don’t be frightened by the bedazzled or the more than an hour away from a Level 1 or bling-bling . . . I have never told them we Level 2 trauma center. When time and dis- couldn’t win.’’ f tance are critical, helicopter MedEvac is the A small agricultural community, Mendota is quickest and most efficient way to get critical H.R. 1229 AND H.R. 1231 located in the western portion of California’s level medical care to the patient. MedEvac Central Valley. I am proud to represent this helicopters are most often utilized for time- community with its population of 10,000. His- HON. CAROLYN B. MALONEY sensitive illnesses and injuries such as severe torically known for its reputation as The Canta- trauma, heart attacks, or strokes. In remote OF NEW YORK loupe Center of the World; sadly Mendota has rural areas, MedEvac helicopters are often the recently become known to many in our nation IN THE HOUSE OF REPRESENTATIVES only access to definitive treatment and diag- for its chronic high unemployment rate, at nosis. It is estimated that MedEvac helicopters Thursday, May 12, 2011 times hovering near 45%. Most residents of transport approximately 400,000 patients an- Mendota are hard working migrant farm- Mrs. MALONEY. Mr. Speaker, this week, nually, with MedEvac fixed-wing aircraft trans- workers and earn, on average, one-third of the House majority is taking up legislation that porting an additional 100,000-plus patients what other Californians earn. Culturally, chess helps the profits of Big Oil but does nothing to over longer distances annually. is not a game played in the homes of many curb a future oil disaster or bring down oil and As early as 1926, the United States Army Mendota families, who are busy simply trying gas prices. H.R. 1229 and H.R. 1231 both Air Corps used a converted airplane to trans- to make ends meet. greatly expand U.S. offshore drilling while re- port patients from Nicaragua to an Army hos- Yet, despite these tremendous odds, the moving crucial environmental safeguards and pital in Panama, 150 miles away. Routine limiting oversight of the oil and gas industry. It MedEvac transport utilizing helicopters began students from Mendota High School returned home as state champions, winning first place has been a little over a year since the gulf oil during the Korean conflict in the 1950s. In spill and these bills ignore the lessons learned March of 1970, the Maryland State Police in the Premier Division and earning eight team and individual medals and trophies. from this environmental and public health dis- transported the first critically injured trauma aster that resulted from the explosion that took Mr. Speaker, I ask my colleagues to join me patient by helicopter in the United States. The the lives of 11 Americans. first civilian hospital-based medical helicopter in recognizing the hard work, dedication and service in the United States was established in spirit of strategic competitiveness that runs I fully support national energy policies that 1972 at St. Anthony’s Hospital in Denver, Col- through each and every one of these impres- increase energy independence but these must orado. sive students. I congratulate students Julian be done in a way that protects our environ- As of the close of 2009, there were over Estrada, Chrispen Reyes, Luis Castillo, Felipe ment and uses our natural resources respon- 4,400 MedEvac pilots, 600 physicians, 5,500 Beltran, Jessi Mendez, Kevin Romero, Sergio sibly. It is important that any energy policies nurses, and 5,300 paramedics/EMTs staffing Mayares, Milton Arroyo, and Edwin Brioso and we put in place provide greater efficiency and MedEvac vehicles, both fixed-wing and heli- Coach Vaness French on their great victory accountability to the management and regula- copter, in the United States. These people and ask that you join me in wishing continued tion of our energy resources. save lives every day, providing critical level success to all those at Mendota High School That is not what the legislation before us will medical care and safe, rapid transport to the who worked so tirelessly on this victory. do. I urge my colleagues to vote ‘‘no.’’

VerDate Mar 15 2010 04:32 May 13, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MY8.015 E12MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 12, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E881 TRIBUTE TO REVEREND JOSEPH ter’s degree from Atlanta University, his mas- CAES has developed into a state of the art D. MATHIS ter’s thesis was entitled ‘‘Race Relations in research facility with world class equipment Greenville, South Carolina, from 1865 through that gives its researchers a competitive advan- HON. JAMES E. CLYBURN 1900, as Seen in a Critical Analysis of Green- tage pursuing research proposals. Also, the OF SOUTH CAROLINA ville City Council Proceedings.’’ His studies partnership is helping fill the pipeline for the IN THE HOUSE OF REPRESENTATIVES compelled him to organize African American next generation of energy professionals. At a voters in Greenville in the 1960s and 70s. He time when Idaho, like every other state in the Thursday, May 12, 2011 also served with distinction on the Greenville Union, is facing severe budgetary pressure, Mr. CLYBURN. Mr. Speaker, I rise today to City Council from 1979 to 1983, where he Governor C.L. ‘‘Butch’’ Otter and the Idaho pay tribute to a South Carolinian who distin- worked to improve public transportation, to in- Legislature have continued to provide funding guished himself on the athletic field and as an clude minority contractors in public work, to to support university faculty participation in educator, coach, minister and community ac- bring Municipal Stadium and the Braves to CAES. Through CAES, Idaho universities tivist. The late Reverend Joseph D. Mathis is Greenville, to improve police pay and to annex have increased the role they play supporting being inducted into the South Carolina Athletic Verdae Place to the City of Greenville. nuclear energy research in the US, and under- Hall of Fame on May 23, 2011, and will be Reverend Mathis and Kittle Mae Avery were graduate and graduate student enrollment in honored for his lifetime of accomplishments by married in 1948, and they shared a strong nuclear engineering classes has soared. As a the Rainbow Push Coalition on May 14th. I union until her death in 1991. The couple had result of the expertise and credentials of the add my voice to those honoring Reverend two daughters, Janice (Thaddeus) Allen and staff Harold Blackman has assembled, CAES Mathis, who made tremendous contributions to Davida (Harry) Johnson, and three grand- now administers the Department of Energy’s the State of South Carolina. children. Reverend Mathis passed away in Nuclear Energy University Program which Joseph Mathis was born August 28, 1922, 2002 at the age of 80, but his legacy lives on funds R&D, fellowships, scholarships, and in- in Cordele, Georgia, to Elnora Huggins and through his family and in the countless people frastructure investments across the country. In A.C. Mathis. He was reared in the home of his he touched through his service over his life- addition to fostering a new collaborative cli- maternal grandparents, Lula Taylor Huggins time. mate between the Idaho universities, Harold and the Reverend Harrison Huggins, Sr. Dur- Mr. Speaker, I ask you and my colleagues Blackman and CAES were instrumental in es- ing the Great Depression, Reverend Mathis to join me in recognizing the remarkable life of tablishing a high-speed network researchers moved to Greenville, South Carolina with his Reverend Joseph D. Mathis. He remains a tre- could tap into across the state. family, where he graduated from Sterling High mendous example of an unsung hero. Rev- The Center for Advanced Energy Studies is School. Despite the financial obstacles, help erend Mathis dedicated himself without res- a model for national laboratory, university and from others enabled Reverend Mathis to at- ervation to his faith, his community and his industry collaboration and Harold Blackman profession. He excelled in all these arenas tend Benedict College and Allen University, deserves a large amount of credit for making and is a remarkable role model for future gen- where he earned a degree in History. He was this institution a success. Harold will now be erations to follow. It is my honor to provide a standout player and captain of the football tackling new challenges at INL, and I am sure this posthumous recognition of his many ac- team at Allen University, which went he will bring his exceptional professionalism, complishments. undefeated during the regular season of his listening skills and commitment to success to final year. f these new tasks. Mathis returned to Greenville following his TRIBUTE TO DR. HAROLD Thank you, Harold. graduation, and took a job at his alma mater. BLACKMAN, DIRECTOR OF THE f From 1946 to 1970, Reverend Mathis taught CENTER FOR ADVANCED EN- HONORING FRED DAVIS JACKSON health, physical education and social studies ERGY STUDIES at Sterling High. As their coach he led the Sterling Tigers football team to regional fame HON. GEORGE MILLER and three state championships between 1946 HON. MICHAEL K. SIMPSON OF IDAHO OF CALIFORNIA and 1961. Reverend Mathis also served as IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES athletic director and coached baseball, girls Thursday, May 12, 2011 and boys track and basketball at Sterling High. Thursday, May 12, 2011 Coach Mathis always emphasized athletic fun- Mr. SIMPSON. Mr. Speaker, I rise today to Mr. GEORGE MILLER of California. Mr. damentals, conditioning, and academic excel- pay tribute to Harold Blackman, an Idahoan Speaker, I rise today and invite my colleagues lence. In 1992, he was inducted into the Pied- who has made a difference. When the Battelle to join me in honoring Mr. Fred Davis Jackson mont Athletic Hall of Fame and was first nomi- Energy Alliance was selected by the Depart- of Richmond, California, for his lifetime com- nated to the South Carolina Athletic Hall of ment of Energy to manage the Idaho National mitment to serving his community. Fame. Laboratory, the contract called for the develop- Fred Jackson has lived and worked in my During the tumultuous years of desegrega- ment of a research institution to link the Lab congressional district since 1950, a veteran, tion, Reverend Mathis took on the responsi- to the three Idaho state universities—the Uni- having moved to Richmond from his home in bility of serving as the Assistant Principal of versity of Idaho, Idaho State University and Mississippi. He was born on February 6, 1938 Greenville High School in 1970. He held that Boise State University. Ultimately, Dr. Harold as the eldest son of devoted and hard working position until 1974. He later taught Social Blackman was chosen to serve as Director of parents, the late Leo Marvis Jackson, who Studies at League Middle School and worked the Center for Advanced Energy Studies and was a seasonal construction and shipyard as a placement coordinator at Donaldson and a landmark institution in Idaho began to come worker, and the late Idella Villon Jackson. Mrs. Enoree Vocational Schools before retiring in together. Jackson would eventually become single and 1977. The Center for Advanced Energy Studies, or took on domestic jobs to care for Fred and his In addition to his commitment to education, CAES as it is known in Idaho, brings INL re- three sisters and five brothers. Fred Jackson Reverend Mathis was equally committed to his searchers, university faculty and students, and is a peacemaker, an educator, a song writer faith. He served as a Trustee and Sunday industry together to partner in research and and a true community-builder, and each and School Superintendent for many years at development activities. At the outset, Harold every day since arriving in the Bay Area, Fred Israel CME Church in Greenville, and in 1961, faced the challenge of getting the three Idaho has made a decided difference in the lives of he gave up full-time coaching in order to ac- universities to view the Lab as a partner and, our residents. cept the call into the ministry. Reverend perhaps the even more difficult challenge to Early on in his life, Fred Jackson recognized Mathis was ordained a Christian Methodist get the three schools to work together. Pre- and celebrated the personal dignity in each in- Episcopal minister under the pastorate of Rev- vious efforts to bring our national labs and uni- dividual. His work crossed all race and ethnic erend R.O. Langford at his home church. He versities together in lasting partnerships have lines, all faiths and all ages. As a peace and pastored Young Laymen in the Nicholtown not always been successful and were it not for social justice activist, Fred sat in at lunch community for 31 years, and Mount Olive Harold Blackman’s patient manner and his counters in the South during the 1960’s Civil CME Church for ten years. In 1993, Reverend willingness to listen, learn and implement, Rights Movement and worked for peace even Mathis retired from the ministry after thirty-one CAES would have been another failed at- as he served our country in combat duty dur- years of service. tempt. Instead, CAES is a smashing success ing the Vietnam War. Another of Reverend Mathis’ passions was and much of the credit goes to Harold Fred Jackson is known throughout Contra civic involvement. When he earned his mas- Blackman. Costa County as a dedicated advocate for our

VerDate Mar 15 2010 04:32 May 13, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.018 E12MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E882 CONGRESSIONAL RECORD — Extensions of Remarks May 12, 2011 families and children. He participated in the Annually included in the Spirit Awards, the Sonia Knight, Heather Knapton, Ryan Knapp, walk from San Pablo to Sacramento with the Cooperation Award is presented to an organi- Anna Kopf, Robert Lang, Tamara Langill. March4Education and then fasted for 19 days zation or entity which led an effort or event Paul Lapke, Al Lassiter, Darlene Laurent, with Fast4Education for more equitable school that benefited and filled a need in the commu- Joey Layton, Michelle Levine, Kathleen Lewis, funding. Fred has been a constant anti-death nity through volunteerism. Anna Llewellyn, Michael Loeb, Peter Lorts, penalty advocate and his work in the commu- Mr. Speaker, I am honored to represent the Peter Luke, Jamie Lynch, Jose Maisonave, nity on violence prevention resulted in being members of the Humboldt Genealogy Associa- Dominic Marinello, Damon Martone, Mark awarded the 2000 Peacemaker Award in tion in the United States Congress. I know that Masiko, Jonathan Maurici, Benjamin Meade, Contra Costa County. Fred has also taken an my colleagues join me in commending them Reginald Mercer, Sarah Mielke, Charlton active and very personal role in bettering the for their sincere dedication to establishing a Miles, Amy Miller, Joe Milligan, Korben lives of our senior citizens. He formed critical better community and wish them continued Mishoe, Eldric Mitchell, Meredith Monahan, partnerships in the community, and personally success well into the future. Stacy Monroe, Melissa Moore, Nathaniel donated the land that allowed the City of Rich- f Morell, James Morter, Jean Marie Murphy, mond to build the Trinity Plaza Housing com- Darrin Moaton, Nicholas Morton, Joel Myers. plex for low income senior citizens. TRIBUTE TO THE PARTICIPANTS Darryl McCain, Ian McCullough, Scot Fred Jackson’s passion for writing and po- OF THE VIRGINIA BEACH SPE- MacEachen, Jillian MacGregor, Michael etry has led him to express his personal phi- CIAL OLYMPICS McKay, Kathryn McLaughlin, Blair McLaren, losophy through the arts. As a writer, he Kate McLig, Thomas McMahan, Kelly Nolan, wrote, directed and produced the play Brother HON. E. SCOTT RIGELL Melanie Norris, Eric Nunn, Douglas Oatley, Dap at the Richmond auditorium in 1994, OF VIRGINIA John Orr, Darwin Peele, Hannah Peelen, Ce- wrote a novel An Evolution in Black and IN THE HOUSE OF REPRESENTATIVES leste Perry, Monica Perry, Patricia Phillips, White, wrote his soon to be published reflec- Thursday, May 12, 2011 Patty Piggott, John Polfus, Michele Pollard, tions, Thoughts Set Free on the Wings of Ex- (Helen) Page Powell, Grant Prakalapakorn, Mr. RIGELL. Mr. Speaker, I rise today to pression, and has written and performed nu- Sudan Ra II, John Ramsey, Rufina Ann Rec- pay tribute to the participants of Virginia’s merous songs, including ‘‘One Step at a tor, Jeff Regan. Area 2 Special Olympics competition in Vir- Time,’’ ‘‘Too Early Too Young,’’ and ‘‘When Amber Richard, Alexander Ripley, Tyler ginia Beach on Saturday, May 14, 2011. the Ozone is Gone.’’ Robertson, Antonio Rodriguez, Cathia Ro- These talented and hardworking individuals As an educator, Fred Jackson has worked mero, Cindy Romero, Jessica Rosengrant, deserve our honor and our congratulations as for many years at Neighborhood House of Melissa Rowe, Errick Ruffin, John Russell, they compete and use the skills they have North Richmond on lead abatement, HIV edu- Brian Ryland, Theresa Salvato, Jennifer worked hard to develop and finesse. My wife cation, the (Healthy Eating Active Living Savell, Katherine Schmidt, Michael Shank, and I consider it a high honor to attend Satur- HEAL) collaborative. Fred volunteered as a Megan Shephard, Michael Shepherd, Timothy day’s event, and today, I want to acknowledge trainer of the Peace Empowerment Process Sherman, David Simpkins, Kandie Skinner, each competitor. for the World Wall for Peace at Helms Middle Thomas Skinner, Andre Smith, Earl Smith, Jr., School, Crescent Park Multicultural Center, 2011 VIRGINIA BEACH SPECIAL OLYMPICS—ATHLETES Ian Smith, Joshua Smith, Lamar Smith, Phillip and Chris Adams Center and this year intro- Daniel Alexander, Douglas Allred, Lara Smith, Steven Smith, Hannah Spruill, Andrew duced a Health Covenant uniting the commu- Amerson, Angela Anglen, Tyler Baird, Patrick Statz, John Steele, Colleen Stefonowich, nity and church in a fight against diabetes. Baker, Robert ‘‘Drew’’ Barnum, Tony Barrett, Gretchen Stott. Therefore, it was without hesitation that be- Kelly Bateman, Wanda Beasley, Scott Bedzik, Brooke Stowell, James Strickland, Charles cause of Fred Jackson’s commitment to social Patrick Beil, Maggie Bell, Maggie Bellamy, Silfies, David Sutton, Brian Taylor, Donald justice, I selected him to cast the December Robert Bentley, Eddie Beslanovits, Katie Blind, Taylor, Raymond Taylor, James Thacker, 2008 electoral vote for the 7th Congressional Michael Borza, Brian Boyd, Scott Boyd, Catlin Joshua Thacker, Travis Thereault, James District certifying the election of Barack Boylan, Meghan Boylan, Jessica Boyle, Mal- Thomas, Michael Thornton, Stephen Todd, Obama as president. He was also nominated colm Boykins, Amy Bozeman, Kelly Bradshaw, Julie Touhey, Raeleen Toupin, Harold for the Sergeant Shriver Achievement Award Ronnie Bray, Charles Bryant, Ashley Vanwart, William Velazguez, Timothy in 2010 for his work on behalf of low income Buffington, Jason Buky, Barry Bunch—Emer- Voigtsberger, Alexander Ward, Stefanie Ward, residents in North Richmond. itus, Matthew Burk, Jason Burnett, Daniel Robert Webb, Todd Weeks, Melissa Fred Davis Jackson has spent his life mak- Boyter, Stephen Bradby, Lucius Brown, Tim Weisbrodt, John Wells, Bryan Welker, Bruce ing life better for others and he has called on Brown, Phillip Cabral, Richard Cameron, Anne Wielenbeck, Lynda Whedbee, Randolph us all to do the same. I invite my colleagues Carey, Joe Carleaf. Whitehurst. to stand with me and salute the work of a Dianna Cashman, Randy Christie, Catherine Stephanie Whitlow, Jerri Williams, Dyshawn quiet man working tirelessly for justice and Clayton, Mark Clowes, Dianna Cobb, Jay Williams, Jonathan Winfree, Savoyie thank him for the change he has brought to Coffield, Sharon Coffield, Chad Conner, Chris Winstead, Vincent Woodhouse, Dylan Wood- our community. Cook, Samuel Corprew, Stephen Cox, Brian ruff, Troy Green, Warren H. Lombard III, Wil- Cullipher, Collin Cunningham, Michael Daniel, f liam Mason, Stephen Bradley, Reginald Norman Derreberry, Michael Dickins, Claud Turnage, Shekida Williams. A TRIBUTE TO THE GENEALOGY ‘‘CR’’ Divers, Chandler Doebler, Kristen f ASSOCIATION Dowdy, Neal Doyle, Kunta Drake, Nicholas Driscoll, Rachel Drake, Steven Durica, David HONORING INDUSTRIES FOR THE HON. TOM LATHAM Englin, Matthew Earnest, Sherie Elling, Ed- BLIND ON THEIR 75TH ANNIVER- OF IOWA ward Engelman, Samantha Errico, Richard SARY IN THE HOUSE OF REPRESENTATIVES Evans, Max Everton, Christian Felder, Lori Felts, Jackie Ferebee, Donte Fleming, Lynne Thursday, May 12, 2011 HON. HEATH SHULER Foster, Lisa Garrison, David Gaynor, Ross OF NORTH CAROLINA Mr. LATHAM. Mr. Speaker, I rise today to Goldman, Adam Golt, Brandon Gonzales. IN THE HOUSE OF REPRESENTATIVES recognize the Genealogy Association of Hum- Phillip Gonzales, Jada Goodson, Donna boldt for being the recipient of the Cooperation Gregory, Luke Grossman, Michael Hackforth, Thursday, May 12, 2011 Award at the 2011 Humboldt County Spirit Eric Hardin, Vanessa Harmon, Christopher Mr. SHULER. Mr. Speaker, I rise today to Awards. Harper, Alvin Harrell, Thomas Harrell, Jeremy honor Industries for the Blind as it celebrates The Humboldt County Spirit Awards were Harwood, Wendi Harwood, Sherri Haunton, 75 years of providing employment, services, established to recognize and honor out- Daniel Haynie, Brian Heald, Patrick Hennessy, and training to individuals who are blind or vis- standing groups and individuals who have Rachel Higgins, Savannah Hinegardner, Marie ually impaired. worked for the benefit of all citizens of Hum- Hock, Troy Hoeg, Timmy Howard, Jeffrey Hut- Industries for the Blind was founded in boldt County, to celebrate the accomplish- ton, Gavin Ingham, Elizabeth Jackson, Haley 1933. Since then, the organization has grown ments and activities of our communities, to ac- James, Elaine Jeffers, Kelly Jones, Kenneth to be the largest advocacy agency for the vis- knowledge the value of volunteerism in the Johnson, Kelli Johnson, Michael Johnson, ually impaired in the country, creating skilled county, and to have a positive impact on com- Ronald Johnson, Hartley Jordon, Maya Jubi- job opportunities for one of America’s greatest munity spirit. lee, Christopher Kemp, Robert Klausmeyer, underused labor resources. Industries for the

VerDate Mar 15 2010 04:32 May 13, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.020 E12MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 12, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E883 Blind gives people the confidence and inde- amendment No. 4, an amendment to H.R. HONORING U.S. ARMY STAFF SER- pendence to contribute to society and fulfill 1229, Putting the Gulf of Mexico Back to Work GEANT MATTHEW HERMANSON’S personal dreams of having a job. In so doing, Act. SERVICE IN AFGHANISTAN they transform lives. In my Congressional District in Western f HON. REID J. RIBBLE North Carolina, Industries for the Blind of OF WISCONSIN CELEBRATING THE THIRD ANNI- Asheville has served as an important resource IN THE HOUSE OF REPRESENTATIVES VERSARY OF THE INAUGURA- for 20 years. They provide much needed as- Thursday, May 12, 2011 sistance and services such as mobile low-vi- TION OF TAIWANESE PRESIDENT sion eye exams, innovative outreach programs MA YING-JEOU Mr. RIBBLE. Mr. Speaker, I rise today to re- for children and families, and optical services member and honor the life and sacrifice of to our veterans. I would especially like to con- HON. CHARLES B. RANGEL Staff Sergeant Matthew D. Hermanson of Ap- pleton, Wisconsin, who died on April 28, 2011, gratulate Industries for the Blind of Asheville OF NEW YORK in Wardak Province, Afghanistan, in support of on its eighth consecutive win of a Sky High IN THE HOUSE OF REPRESENTATIVES Growth Award from the Asheville Area Cham- Operation Enduring Freedom. Staff Sgt. ber of Commerce for outstanding growth in Thursday, May 12, 2011 Hermanson was assigned to A Company, 2nd Battalion, 4th Infantry Regiment, 10th Moun- sales and employment. The Asheville facility Mr. RANGEL. Mr. Speaker, May 20, 2011 tain Division, Fort Polk, Louisiana. has increased its work force ten-fold since marks the third anniversary of the Inauguration Mr. Speaker, Staff Sgt. Hermanson em- 1991, growing from just 9 employees to 100. of Taiwanese President Ma Ying-jeou. Mr. Speaker, I ask my colleagues to rise bodied the best qualities of a true American Much has transpired in those three years. soldier. His service has made Northeast Wis- today to recognize the 75 years of civic lead- Wars continue to plague our society. However, ership that Industries for the Blind has pro- consin and his country proud. He was selfless, in the Taiwan Strait, tensions have abated and dedicated and brave. During his service, Mat- vided the visually impaired in Asheville, North much of the credit must be given to President Carolina and throughout the country. Their thew earned the respect of his peers and nu- Ma for the courageous efforts he has made to merous medals and honors for valor including commitment to helping others live meaningful lessen the tensions between China and the lives is courageous and uplifting. I am honored the Bronze Star and Purple Heart. He is re- Republic of China (Taiwan). membered by his family and friends as a man to celebrate Industries for the Blind’s inspira- While protecting the interests of the people tional role in our community. of strong character, a dedicated husband and of Taiwan, President Ma has made marked son who believed in family and community. f progress in the dialogue between the People’s It is my honor to commemorate him and I A TRIBUTE TO DOTTIE AND Republic of China (mainland China) and the urge my colleagues to join me today in hon- DARRELL RUSHER Republic of China (Taiwan), thereby advanc- oring the life of Staff Sergeant Matthew D. ing peace in the Pacific. Hermanson for the sacrifice he has made for HON. TOM LATHAM For this he is to be congratulated and com- the United States. mended and we wish him much continued f OF IOWA success. IN THE HOUSE OF REPRESENTATIVES A TRIBUTE TO SALLY GORDON Thursday, May 12, 2011 f Mr. LATHAM. Mr. Speaker, I rise today to HON. ADRIAN SMITH A TRIBUTE TO LEROY AND JAN OF NEBRASKA recognize Dottie and Darrell Rusher for being JORGENSEN IN THE HOUSE OF REPRESENTATIVES the recipients of the Family Tradition Award at the 2011 Humboldt County Spirit Awards. Thursday, May 12, 2011 The Humboldt County Spirit Awards were HON. TOM LATHAM Mr. SMITH of Nebraska. Mr. Speaker, I rise established to recognize and honor out- OF IOWA today in honor of Ms. Sally Gordon. At the age standing groups and individuals who have IN THE HOUSE OF REPRESENTATIVES of 102, Sally concluded 37 years of dedicated worked for the benefit of all citizens of Hum- Thursday, May 12, 2011 service to the Legislature of State of Nebraska boldt County, to celebrate the accomplish- when she retired as its assistant sergeant-at- ments and activities of our communities, to ac- Mr. LATHAM. Mr. Speaker, I rise today to arms on April 26, 2011. knowledge the value of volunteerism in the recognize Leroy and Jan Jorgensen for being Known for colorful hats and scarves, her county, and to have a positive impact on com- the recipients of the Neighborhood Beautifi- signature flair, Sally has a long history in Lin- munity spirit. cation Award at the 2011 Humboldt County coln, Nebraska. She watched the Nebraska Annually included in the Spirit Awards, the Spirit Awards. Capitol being built from 1922 to 1932 and Family Tradition Award is presented to a fam- The Humboldt County Spirit Awards were served as secretary to three governors. But in ily who demonstrates support and devotion to established to recognize and honor out- 1984, she became an institution in the Ne- the community through volunteerism. Dottie standing groups and individuals who have braska Legislature. Sally became the state’s and Darrell have truly exhibited both support worked for the benefit of all citizens of Hum- first female sergeant-at-arms, a role she rel- and commitment to Humboldt County for many boldt County, to celebrate the accomplish- ished. She helped maintain order and deliver years. ments and activities of our communities, to ac- messages from constituents to state senators Mr. Speaker, I am honored to represent knowledge the value of volunteerism in the on the floor. Dottie and Darrell in the United States Con- county, and to have a positive impact on com- Sally’s quick wit and sunny disposition was gress. I know that my colleagues join me in munity spirit. admired by all who met her, including myself. commending them for their sincere dedication Annually included in the Spirit Awards, the It was my honor to work with Sally when I to establishing a better community and I wish Neighborhood Beautification Award is pre- served as a Nebraska State Senator because them continued success well into the future. sented to recognize an individual or group she was always friendly, helpful, and inspiring. f who has set an example by improving, Sally’s character is best reflected when she beautifying and restoring Humboldt neighbor- said, ‘‘I’ve been working for 84 years and I’ve PERSONAL EXPLANATION hoods. Mr. and Mrs. Jorgensen were nomi- had many interesting jobs. I’ve met movie nated this year because of the enjoyment the stars and presidents, but the people of Ne- HON. GEOFF DAVIS residents of Humboldt receive from their gar- braska are the ones I love.’’ OF KENTUCKY dens. They are often kind enough to host pro- In 2010, Sally was named ‘‘America’s Out- IN THE HOUSE OF REPRESENTATIVES grams on gardening to assist others standing Oldest Worker’’ by Experience beautifying their homes and neighborhoods. Works, and for good reason. Often called the Thursday, May 12, 2011 Mr. Speaker, I am honored to represent ‘‘Energizer Bunny,’’ Sally is a Nebraska treas- Mr. DAVIS of Kentucky. Mr. Speaker, on Leroy and Jan in the United States Congress. ure who models a productive life no matter Wednesday, May 11, 2011, I was unexpect- I know that my colleagues join me in com- your age. edly detained for one vote. mending them for their sincere dedication to I ask my colleagues to join me today in Had I been present I would have voted: on establishing a better community and wish commending the career of Ms. Sally Gordon rollcall No. 302—‘‘no’’—Hanabusa of Hawaii them continued success well into the future. as she begins her well-deserved retirement.

VerDate Mar 15 2010 04:32 May 13, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A12MY8.023 E12MYPT1 tjames on DSKG8SOYB1PROD with REMARKS E884 CONGRESSIONAL RECORD — Extensions of Remarks May 12, 2011 HONORING LT. MICHAEL P. gress. I know that my colleagues join me in RECOGNIZING ROD DOLE MURPHY commending them for their sincere dedication to establishing a better community and wish HON. LYNN C. WOOLSEY HON. PETER T. KING them continued success well into the future. OF CALIFORNIA OF NEW YORK f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES PRESIDENT MA YING-JEOU’S Thursday, May 12, 2011 Thursday, May 12, 2011 THIRD ANNIVERSARY IN OFFICE Ms. WOOLSEY. Mr. Speaker, I rise today Mr. KING of New York. Mr. Speaker, today with my colleague, Representative MIKE I rise to honor the life of Lt. Michael P. Mur- HON. ENI F.H. FALEOMAVAEGA THOMPSON, to honor Rod Dole of Sonoma County, California, who is retiring May 31, phy. Lt. Murphy grew up in the Long Island OF AMERICAN SAMOA town of Patchogue and fulfilled his dream of 2011, after 25 years as the County’s Auditor- IN THE HOUSE OF REPRESENTATIVES becoming a (U.S.) Navy SEAL in 2002. He Controller. During his long tenure, Mr. Dole served honorably in Jordan, Qatar, Djibouti, Thursday, May 12, 2011 was responsible for overseeing a wide variety and made the ultimate sacrifice during his de- Mr. FALEOMAVAEGA. Mr. Speaker, on the of County financial operations, including serv- ployment to Afghanistan. Lt. Murphy and three occasion of President Ma Ying-jeou’s third an- ing as Treasurer-Tax Collector when those po- of his fellow SEALs were killed during their niversary in office this May 20, I wish to ex- sitions were consolidated with his office 5 mission to find a key Taliban commander. Lt. press my congratulations to the leaders and years ago. Murphy posthumously received the Medal of the people of the Republic of China. With a Bachelor of Science Degree in Busi- Honor for his ‘‘undaunted courage, intrepid Mr. Ma Ying-jeou was inaugurated as Presi- ness Administration and certification as both fighting spirit, and inspirational devotion to his dent of the Republic of China on May 20, an Internal Auditor and a Government Finan- cial Manager, Rod Dole was hired as an audi- men in the face of certain death.’’ 2008. During the last three years, Taiwan tor in 1976. He was appointed to the Auditor- I am proud to stand with the Navy which de- President Ma Ying-jeou has steadily and dra- Controller post in 1985 and subsequently cided to name its newest warship in honor of matically improved Taiwan’s relations with the elected. He continued to be re-elected by resi- Lt. Murphy on what would have been his 35th Chinese mainland. There are now 370 direct dents who appreciated his confident and sure birthday. The USS Michael Murphy DDG–112, flights from cities in Taiwan to cities in China hand in this key position. He has served in a a guided-missile destroyer, will be able to every week, relaxation of China-bound invest- number of related organizations including carry on the legacy of its namesake by per- ments, more visas for mainland tourists and Chair of various committees in the State Audi- forming a multitude of tasks including crisis more exchange in many areas. tor-Controllers and Treasurer-Tax Collector management, sea control, and power projec- Committed to pursue reconciliation with the Associations, the State Controller, and the tion. It will also be able to conduct air, surface, People’s Republic, President Ma believes in a State Treasurer as well as President of the and below surface operations in support of systematized dialogue between the two sides, maritime warfare. State Auditor-Controllers Association. the development of healthy cross-strait rela- Locally, Mr. Dole has worked with a variety It was fitting that the christening ceremony tions and the advancement of regional peace of service clubs and non-profit organizations, of the USS Michael Murphy occurred just one and stability. He argues that Taiwan and the on the board of Redwood Credit Union, and week after the successful operation to hunt PRC can co-exist while maintaining their dif- on the boards of both the Sonoma State Uni- down and kill Osama bin Laden. We owe a ferences. A win-win situation, President Ma versity School of Business and Economics great deal of thanks to people like Lt. Murphy, opines, is in the best interest of all Chinese and the President’s Advisory Committee. the Navy SEALs, and all the men and women people and the world. As a result of his vision, A man of many accomplishments in his of our military. These brave individuals put peace is prevailing in the Taiwan Strait today. field, he is particularly known for authoring their lives at risk everyday to keep us safe. Business is also good for both the Tai- State legislation for the ‘‘Teeter Credit’’ regard- May God Bless America and all the brave wanese and Chinese people. Taiwan and ing property tax payments to local agencies; men and women who protect us at home and China inked the Economic Cooperation chairing State committees on property tax overseas. Framework Agreement (ECFA) last summer guidelines and spending limits; and most re- f and President Ma has restarted the institu- cently for administering the Sonoma County A TRIBUTE TO DR. HARMON AND tionalized cross-strait talks. As Members of Energy Independence Program (SCEIP), a na- DR. ILLG this body, we thank President Ma for his cour- tional model for a mechanism permitting loans age and wisdom in initiating and continuing a for energy efficiency upgrades through prop- pragmatic and yet flexible approach in han- erty taxes. He advocated strongly for the pro- HON. TOM LATHAM dling cross-strait relations. gram in the face of Federal restrictions on OF IOWA While cultivating a peaceful development such loans, and SCEIP has won numerous IN THE HOUSE OF REPRESENTATIVES across the Taiwan Strait, President Ma has awards as well as a $3 million grant from the Thursday, May 12, 2011 also been working closely with the U.S. gov- California Energy Commission. Mr. LATHAM. Mr. Speaker, I rise today to ernment. Our mutual relationship is strong and It is a key component of Sonoma County’s recognize Dr. Dean Harmon and Dr. James we applaud Taiwan’s cooperation with us, es- leadership in reducing greenhouse gas emis- Illg for being the recipients of the Friends of pecially in the war against global terrorism. sions and saving energy and has provided Animals Award at the 2011 Humboldt County We are confident that relations with Taiwan hundreds of local construction jobs. Spirit Awards. will grow even stronger in all areas, including Rod Dole looks forward to his retirement The Humboldt County Spirit Awards were trade, science and technology, educational ex- with Kathie, his wife of 35 years, and will have established to recognize and honor out- change, military sales and Taiwan’s participa- time to appreciate his cabin at Lake Almanor standing groups and individuals who have tion in international agencies. For the last and his hobbies of golf, fishing, boating, ten- worked for the benefit of all citizens of Hum- three years, U.S.-Taiwan relations have been nis, and woodworking. He also has two chil- boldt County, to celebrate the accomplish- excellent, far superior to any period in recent dren, Laura and Michael. ments and activities of our communities, to ac- memory. Mr. Speaker, we ask you to join us in com- knowledge the value of volunteerism in the I am pleased that Taiwan was once again mending Rod Dole’s 35 years of service to the county, and to have a positive impact on com- invited to attend this year’s World Health As- people of Sonoma County. We wish him an munity spirit. sembly (WHA) in Geneva, Switzerland as an enjoyable retirement with his family. Annually included in the Spirit Awards, the observer and I am hopeful that Taiwan’s con- f Friends of Animals Award is presented to tinued participation in the WHA will lead to PERSONAL EXPLANATION those whose acts of compassion ensure the Taiwan’s participation in the activities of other health and well-being of our animal friends for international organizations such as the Inter- HON. JEFF FORTENBERRY conservation practices and efforts in the inter- national Civil Aviation Organization (ICAO) OF NEBRASKA est of preserving our wildlife. Doctors Harmon and the United Nations Framework Conven- IN THE HOUSE OF REPRESENTATIVES and Illg have consistently used their talents to tion on Climate Change (UNFCCC). support 4–H and ensure the safe purchase of In celebrating President Ma’s third anniver- Thursday, May 12, 2011 auction animals in Humboldt County. sary in office, I credit him for these successes Mr. FORTENBERRY. Mr. Speaker, on Mr. Speaker, I am honored to represent Dr. and join with my colleagues in extending our Wednesday, May 11, 2011, I was inadvert- Harmon and Dr. Illg in the United States Con- best wishes to him for his continued success. ently detained and thus I missed rollcall vote

VerDate Mar 15 2010 04:32 May 13, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A12MY8.028 E12MYPT1 tjames on DSKG8SOYB1PROD with REMARKS May 12, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E885 No. 309. Had I been present, I would have Mr. Speaker, these photographers and their at 80 the oldest in the group, considers him- voted ‘‘aye.’’ work must not be forgotten. Thanks to the ef- self ‘‘half-retired.’’ forts of Adriana Teresa Letorney, people from The show is presented as a projected slide f show, not a traditional exhibit of printed all over the district, the city, the country can A TRIBUTE TO DALLAS CLARK photos. ‘‘Having it be a slide show in a way discover the visual evidence of the Puerto represents how this was a transient stage in Rican community in transition, from outcasts our lives, the impermanence of things,’’ Flo- HON. TOM LATHAM to vibrant, integral parts of our great nation. res said. OF IOWA [From the New York Daily News, May 11, ‘‘Why aren’t more people outside of our IN THE HOUSE OF REPRESENTATIVES 2011] community aware of what happened? How Thursday, May 12, 2011 EXHIBIT SSHOWCASES WORK OF 8 PHOTOG- did our history get swept away?’’ RAPHERS WHO DOCUMENTED PUERTO RICAN Mr. LATHAM. Mr. Speaker, I rise today to f recognize NFL tight-end Dallas Clark for being COMMUNITY IN ’70S AND ’80S the recipient of the Youth Champion Award at (By Carolina Gonzalez) TRIBUTE TO CHIEF WILLIE L. the 2011 Humboldt County Spirit Awards. Several people carry oversize papier-maˆ che´ SMITH The Humboldt County Spirit Awards were puppets representing the Three Wise Men established to recognize and honor out- while others, dressed as shepherds, herd ac- HON. JAMES E. CLYBURN tual sheep. They walk into one of the arched standing groups and individuals who have OF SOUTH CAROLINA passageways along upper Park Ave., making IN THE HOUSE OF REPRESENTATIVES worked for the benefit of all citizens of Hum- tracks in a dusting of snow. boldt County, to celebrate the accomplish- This scene from Dı´a de Reyes is instantly Thursday, May 12, 2011 ments and activities of our communities, to ac- recognizable to longtime New Yorkers famil- Mr. CLYBURN. Mr. Speaker, I rise today to knowledge the value of volunteerism in the iar with El Barrio folkways. The image, pay tribute to a great public servant who has county, and to have a positive impact on com- taken in 1978 by Frank Espada, is representa- dedicated his entire career to protecting the munity spirit. tive of several dozen on display at a new ex- Annually included in the Spirit Awards, the hibit dedicated to eight Puerto Rican pho- public. Over the last 40 years, Chief Willie L. Youth Champion Award is presented to an tographers documenting their community. Smith served in the military and as a law en- Titled ‘‘Dia’’—not after the Spanish word adult individual who has generously given forcement official. His commitment to serving for ‘‘day,’’ but after the Greek word for the public has never waned. Chief Smith is time, talent and energy to promote and further ‘‘across’’—the show is presented at the activities for youth in the community. Dallas being honored for his years of service on June FotoVisura Pavilion as part of the annual 18, 2011, and I am pleased to add my voice has not only taken the time to share his tal- New York Photo Festival, which opens today ents with the youth of Humboldt County, but at DUMBO Arts Center, 111 Front St., Brook- to the many who are thanking him for his life- as also served as an exemplary role model for lyn, and runs through Sunday. time of accomplishments. the young people that he continues to inspire. The images are primarily from the 1970s Willie L. Smith was born on August 12, Mr. Speaker, I am honored to represent Dal- and 1980s, set in the South Bronx, East Har- 1949 in Marion, South Carolina to H.B. and las Clark and his family in the United States lem and the lower East Side. Many were Ruth McCummings Smith. He was educated in Congress. I know that my colleagues join me taken when the photographers were in their the public schools of Marion County and grad- 20s. uated from Johnakin High School in 1967. In in commending Dallas for his sincere dedica- ‘‘What I was looking for was a moment in tion to establishing a better community and time that the Puerto Rican community took May 1969, he was drafted into the United wish them continued success well into the fu- a stand in who they were and started to de- States Army and reported to Fort Jackson for ture. velop its own voice,’’ said curator Adriana his advanced infantry training. After gradua- f Teresa Letorney. tion, he was sent to Fort Bragg and joined the ‘‘It’s important for my generation to see 18th Airborne Corps with B Battery, 4th Bat- HONORING THE PUERTO RICAN that, how this group became a voice of a talion, and the 73rd Field Artillery. PHOTOGRAPHERS OF NEW YORK community.’’ Chief Smith served a tour in Vietnam where Letorney, who arrived from San Juan eight years ago to study art, created FotoVisura, he was assigned to the 1st Cavalry 2nd Bri- HON. CHARLES B. RANGEL the organization sponsoring the show, as a gade Aviation Platoon, the helicopter unit that OF NEW YORK service for new and veteran photographers, flew convoy escorts and sniffer missions. He IN THE HOUSE OF REPRESENTATIVES offering online space to show and share pho- spent a year in Vietnam, and returned to his Thursday, May 12, 2011 tographs. hometown in 1971. That year, he was hired at ‘‘Dia’’ is her first show dedicated entirely the Marion Police Department, where he Mr. RANGEL. Mr. Speaker, I rise today, to to U.S.-based Puerto Rican photographers. recognize the lasting impact of the photo-jour- worked his way up through the ranks to Lieu- Some of Joe Conzo’s shots document pro- tenant. nalists of the New York City Puerto Rican tests against the 1981 film ‘‘Fort Apache, the Community, as recently displayed at the 2011 Bronx,’’ which many community members Smith’s career then took him to the Alcohol New York Photo Festival. saw as exploiting stereotypes of Bronx Puer- Beverage Control Commission where he The renowned exhibition features eight pho- to Ricans as savage criminals. served as an ABC agent for five years. His tographers, who during the 1970’s and 80’s An image by Espada of young dancers from service there earned him many honors. One of catalogued the daily lives and growth of their Ballet Hispanico, arms in the air and heads his highest commendations came for out- community. Frank Espada, Joe Conzo, Pablo back, is as tender as any by Degas. standing service to the South Carolina Alco- Some shots have elements burned into the holic Beverage Control Commission for his Delano, Perla de Leon, Ricky Flores, David popular imagination as representative of Gonzalez, Maximo Colon and Francisco Puerto Rican communities: burned-out participation in the investigation of the George Reyes II all became voices of the community buildings, run-down businesses, dirty streets. Wells Gambling Organization in Berkeley through their art. They captured on film the di- But as in several images by Pablo Delano, County. aspora that makes New York City truly special Perla de Leo´ n, Ricky Flores and David Mr. Smith returned home, where he was as well as the everyday pioneers whose strug- Gonza´ lez of happy children at play in these hired as Marion’s Chief of Police, a position gles inch our nation closer to our founding settings, it is clear that where others saw which he held for 34 years. Chief Smith ruins, these shooters saw life. ideals. earned numerous commendations, awards, For all the photographers, the work comes and certificates. Twice he earned the Best of During the decades that span these photos, from a period when they began to see them- the Puerto Rican community in New York rose selves as serious shooters with a responsi- Marion, and was given the U.S. Marshal’s up against prejudices that prevented them bility to document their communities. But Service Award, the Palmetto State Law En- from enjoying their equal rights and estab- not all ended up as fine-arts photographers. forcement Award, the Marion Chamber of lished a more inclusive pride in their cultural Flores continues to work in journalism. Commerce Award, the District 6 Service heritage. Amidst the upheaval and hardships, Gonza´ lez is better known for his journalistic Award, and the Woodman of the World Com- these photographers captured the beauty in writing, primarily at the New York Times. munity Service Award. He was also voted the ´ their surroundings. Today their work reveals a De Leon is known as a filmmaker. Conzo’s most professional law enforcement officer in day job is as an emergency medical techni- Marion in 2007, and received the City of Mar- unique perspective into the rise of the New cian, although he continues to document York’s Hispanic Community. hip-hop and salsa culture as a hobby. ion Outstanding Public Service Award given I have attached for the record a recent Daily Delano continues to work as a documen- by Mayor Bobby Gerald and the City Council. News article, written by Carolina Gonzalez tary photographer and as a professor at Trin- Chief Smith is married to Elista H. Smith previewing the exhibition. ity College in Hartford, Conn. And Espada, and they have two children, Craig L. Smith

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HIGHLIGHTS The House agreed to H. Con. Res. 50, Adjournment Resolution. Senate jective, independent review of task and delivery or- Chamber Action ders, after agreeing to the committee amendment. Routine Proceedings, pages S2895–S2973 Page S2969 Measures Introduced: Forty-one bills and five reso- 50th Anniversary of the Defense Intelligence lutions were introduced, as follows: S. 958–998, S.J. Agency: Select Committee on Intelligence was dis- Res. 12, S. Res. 181–183, and S. Con. Res. 17. charged from further consideration of S. Res. 86, rec- Pages S2928–29 ognizing the Defense Intelligence Agency on its 50th Anniversary, and the resolution was then Measures Reported: agreed to. Pages S2969–70 H.R. 793, to designate the facility of the United States Postal Service located at 12781 Sir Francis National MPS Awareness Day: Senate agreed to Drake Boulevard in Inverness, California, as the S. Res. 181, designating May 15, 2011, as ‘‘National ‘‘Specialist Jake Robert Velloza Post Office’’. MPS Awareness Day’’. Page S2970 S. Res. 116, to provide for expedited Senate con- Devastating Tornadoes in April 2011: Senate sideration of certain nominations subject to advice agreed to S. Res. 182, expressing the condolences of and consent. the United States to the victims of the devastating S. Res. 174, expressing the sense of the Senate tornadoes that touched down in the South in April that effective sharing of passenger information from 2011, commending the resiliency of the people of inbound international flight manifests is a crucial the affected States, including the people of the States component of our national security and that the De- of Alabama, Tennessee, Mississippi, Georgia, Vir- partment of Homeland Security must maintain the ginia, and North Carolina, and committing to stand information sharing standards required under the by the people affected in the relief and recovery ef- forts. Pages S2970–71 2007 Passenger Name Record Agreement between the United States and the European Union. National Police Survivors Day: Senate agreed to S. 349, to designate the facility of the United S. Res. 183, designating May 14, 2011, as ‘‘National States Postal Service located at 4865 Tallmadge Police Survivors Day’’. Page S2971 Road in Rootstown, Ohio, as the ‘‘Marine Sgt. Jer- Authorizing the Use of the Capitol Grounds: emy E. Murray Post Office’’. Senate agreed to H. Con. Res. 16, authorizing the S. 655, to designate the facility of the United use of the Capitol Grounds for the Greater Wash- States Postal Service located at 95 Dogwood Street ington Soap Box Derby. Pages S2971–72 in Cary, Mississippi, as the ‘‘Spencer Byrd Powers, Authorizing the Use of the Capitol Grounds: Jr. Post Office’’. Senate agreed to H. Con. Res. 46, authorizing the S. 739, to authorize the Architect of the Capitol use of the Capitol Grounds for the National Peace to establish battery recharging stations for privately Officers’ Memorial Service. Page S2972 owned vehicles in parking areas under the jurisdic- Adjournment Resolution: Senate agreed to H. tion of the Senate at no net cost to the Federal Gov- Con. Res. 50, providing for a conditional adjourn- ernment. Page S2927 ment of the House of Representatives. Page S2972 Measures Passed: Appointments: Independent Task and Delivery Order Review Advisory Committee on the Records of Congress: Extension Act: Senate passed S. 498, to ensure ob- The Chair announced, on behalf of the Secretary of D491

VerDate Mar 15 2010 04:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MY1.REC D12MYPT1 tjames on DSKG8SOYB1PROD with DIGEST D492 CONGRESSIONAL RECORD — DAILY DIGEST May 12, 2011 the Senate, pursuant to Public Law 101–509, the re- Adjournment: Senate convened at 9:30 a.m. and appointment of Sheryl B. Vogt, of Georgia, to the adjourned at 5:56 p.m., until 2 p.m. on Monday, Advisory Committee on the Records of Congress. May 16, 2011. (For Senate’s program, see the re- Page S2972 marks of the Majority Leader in today’s Record on Carney Nomination—Agreement: A unanimous- page S2972.) consent-time agreement was reached providing that at 10 a.m., on Tuesday, May 17, 2011, Senate begin Committee Meetings consideration of the nomination of Susan L. Carney, of Connecticut, to be United States Circuit Judge for (Committees not listed did not meet) the Second Circuit; that there be two hours for de- APPROPRIATIONS: FEDERAL AVIATION bate, equally divided in the usual form; that upon ADMINISTRATION the use or yielding back of time, Senate vote without Committee on Appropriations: Subcommittee on Trans- intervening action or debate on confirmation of the portation, Housing and Urban Development, and nomination; that no further motions be in order to Related Agencies concluded a hearing to examine the nomination. Page S2969 proposed budget estimates for fiscal year 2012 for Nomination Confirmed: Senate confirmed the fol- the Federal Aviation Administration, after receiving lowing nomination: testimony from J. Randolph Babbitt, Administrator, By a unanimous vote of 94 yeas (Vote No. EX. Federal Aviation Administration, and Calvin L. 70), Michael Francis Urbanski, of Virginia, to be Scovel III, Inspector General, both of the Depart- United States District Judge for the Western Dis- ment of Transportation. trict of Virginia. Pages S2909–11, S2973 APPROPRIATIONS: SECRETARY OF THE Nominations Received: Senate received the fol- SENATE, SERGEANT AT ARMS, AND U.S. lowing nominations: CAPITOL POLICE Mark D. Acton, of Kentucky, to be a Commis- Committee on Appropriations: Subcommittee on Legisla- sioner of the Postal Regulatory Commission for a tive Branch concluded a hearing to examine pro- term expiring October 14, 2016. posed budget estimates for fiscal year 2012 for the Robert G. Taub, of New York, to be a Commis- Secretary of the Senate, the Senate Sergeant at Arms, sioner of the Postal Regulatory Commission for a and the United States Capitol Police, after receiving term expiring October 14, 2016. testimony from Nancy Erickson, Secretary of the Mark P. Wetjen, of Nevada, to be a Commis- Senate; Terrance W. Gainer, Sergeant at Arms and sioner of the Commodity Futures Trading Commis- Doorkeeper of the Senate; and Phillip D. Morse, Sr., sion for a term expiring June 19, 2016. Chief of Police, United States Capitol Police. Routine lists in the Foreign Service, and Navy. DEFENSE AUTHORIZATION REQUEST AND Pages S2972–73 FUTURE YEARS DEFENSE PROGRAM Messages from the House: Page S2926 Committee on Armed Services: Subcommittee on Measures Placed on the Calendar: SeaPower received a closed briefing on threats faced Pages S2896, S2926 by our naval forces and the capabilities of our naval forces to respond to those threats in review of the Measures Read the First Time: Pages S2926, S2972 Defense Authorization Request for fiscal year 2012 Executive Communications: Pages S2926–27 and the Future Years Defense Program, after receiv- Executive Reports of Committees: Pages S2927–28 ing testimony from Vice Admiral David J. Dorsett, USN, Deputy Chief of Naval Operations for Infor- Additional Cosponsors: Pages S2929–31 mation Dominance, and Director, Naval Intelligence, Statements on Introduced Bills/Resolutions: and Vice Admiral John T. Blake, USN, Deputy Pages S2931–59 Chief of Naval Operations, Integration of Capabili- Additional Statements: Pages S2924–26 ties and Resources. Notices of Hearings/Meetings: Pages S2959 BUSINESS MEETING Authorities for Committees to Meet: Committee on Banking, Housing, and Urban Affairs: Pages S2959–60 Committee ordered favorably reported the nomina- tions of Peter A. Diamond, of Massachusetts, to be Privileges of the Floor: Page S2960 a Member of the Board of Governors of the Federal Record Votes: One record vote was taken today. Reserve System, David S. Cohen, of Maryland, to be (Total—70) Page S2911 Under Secretary for Terrorism and Financial Crimes,

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and Daniel L. Glaser, of the District of Columbia, technologies, after receiving testimony from Scott to be Assistant Secretary for Terrorist Financing, Klara, Deputy Laboratory Director, National Energy both of the Department of the Treasury, and Wanda Technology Laboratory, Department of Energy; Sallie Felton, of New York, to be First Vice President, and E. Greenberg, University of Illinois State Geological Sean Robert Mulvaney, of Illinois, to be a Member, Survey, Champaign; Matt Watson, Environmental both of the Board of Directors of the Export-Import Defense Fund, Washington, D.C.; and Chiara Bank of the United States. Trabucchi, Industrial Economics Incorporated, Cam- DODD-FRANK IMPLEMENTATION bridge, Massachusetts. OVERSIGHT Committee on Banking, Housing, and Urban Affairs: DIESEL EMISSIONS Committee concluded an oversight hearing to exam- Committee on Environment and Public Works: Sub- ine the Dodd-Frank implementation, focusing on committee on Clean Air and Nuclear Safety con- monitoring systemic risk and promoting financial cluded a hearing to examine Federal efforts to pro- stability, after receiving testimony from Neal S. tect public health by reducing diesel emissions, after Wolin, Deputy Secretary of the Treasury; Ben S. receiving testimony from Todd T. Parfitt, Wyoming Bernanke, Chairman, Board of Governors of the Fed- Department of Environmental Quality Deputy Di- eral Reserve System; Sheila C. Bair, Chairman, Fed- rector, Cheyenne; Robert O’Keefe, Health Effects In- eral Deposit Insurance Corporation; Mary L. stitute, Boston, Massachusetts; Bob Lanham, Wil- Schapiro, Chairman, U.S. Securities and Exchange liams Brothers Construction Company, Houston, Commission; Gary Gensler, Chairman, Commodity Texas, on behalf of the Associated General Contrac- Futures Trading Commission; and John Walsh, Act- tors of America; Allen Schaeffer, Diesel Technology ing Comptroller of the Currency, Office of the Forum, Frederick, Maryland; Conrad G. Schneider, Comptroller of the Currency. Clean Air Task Force, Brunswick, Maine. NATIONAL MORTGAGE SERVICING STANDARDS OIL AND GAS TAX INCENTIVES Committee on Banking, Housing, and Urban Affairs: Committee on Finance: Committee concluded a hearing Subcommittee on Housing, Transportation and to examine oil and gas tax incentives and rising en- Community Development concluded a hearing to ex- ergy prices, after receiving testimony from John S. amine the need for national mortgage servicing Watson, Chevron Corporation, San Ramon, Cali- standards, focusing on if documentation problems re- fornia; Marvin E. Odum, Shell Oil Company, Lamar veal need for ongoing regulatory oversight, after re- McKay, BP America, and James J. Mulva, ceiving testimony from A. Nicole Clowers, Acting ConocoPhillips, all of Houston, Texas; and Rex W. Director, Financial Markets and Community Invest- Tillerson, Exxon Mobil Corporation, Irving, Texas. ment, Government Accountability Office; Diane E. Thompson, National Consumer Law Center, God- LIBYA frey, Illinois, on behalf of the National Association of Consumer Advocates; Laurie Goodman, Amherst Committee on Foreign Relations: Committee concluded Securities Group, New York, New York; David H. a hearing to examine the situation in Libya, after re- Stevens, Mortgage Bankers Association (MBA), ceiving testimony from James B. Steinberg, Deputy Washington, D.C.; Anthony Sanders, George Mason Secretary of State. University Mercatus Center, Fairfax, Virginia; and Richard A. Harpootlian, Columbia, South Carolina. INTELLIGENCE REFORM CARBON CAPTURE AND SEQUESTRATION Committee on Homeland Security and Governmental Af- LEGISLATION fairs: Committee concluded a hearing to examine ten Committee on Energy and Natural Resources: Committee years after 9/11, focusing on if intelligence reform is concluded a hearing to examine carbon capture and working, after receiving testimony from former Rep- sequestration legislation, including S. 699, to au- resentative Jane Harman; Michael V. Hayden, former thorize the Secretary of Energy to carry out a pro- Director, Central Intelligence Agency, and former gram to demonstrate the commercial application of Director, National Security Agency; and John C. integrated systems for long-term geological storage Gannon, former Deputy Director for Intelligence, of carbon dioxide, and S. 757, to provide incentives Central Intelligence Agency. to encourage the development and implementation of technology to capture carbon dioxide from dilute sources on a significant scale using direct air capture

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MIDDLE CLASS AND THE AMERICAN the Fourth Circuit, Kathleen M. Williams, to be DREAM United States District Judge for the Southern Dis- Committee on Health, Education, Labor, and Pensions: trict of Florida, Nelva Gonzales Ramos, to be United Committee concluded a hearing to examine the mid- States District Judge for the Southern District of dle class, focusing on if the American dream is slip- Texas, Richard Brooke Jackson, to be United States ping out of reach for American families, after receiv- District Judge for the District of Colorado, Sara ing testimony from Robert B. Reich, former Sec- Lynn Darrow, to be United States District Judge for retary of Labor, University of California Berkeley; the Central District of Illinois, and Donald B. Heather Boushey, Center for American Progress Ac- Verrilli, Jr., of the District of Columbia, to be Solic- tion Fund, Washington, D.C.; J. Michael Luttig, itor General of the United States, Department of Boeing Company, Chicago, Illinois; and Sarah M. Justice. Fox, AFL–CIO, Bethesda, Maryland. INTELLIGENCE BUSINESS MEETING Select Committee on Intelligence: Committee held Committee on the Judiciary: Committee ordered favor- closed hearings on intelligence matters, receiving tes- ably reported the nominations of Henry F. Floyd, of timony from officials of the intelligence community. South Carolina, to be United States Circuit Judge for Committee recessed subject to the call. h House of Representatives Recess: The House recessed at 10:58 a.m. and re- Chamber Action convened at 12 noon. Page H3230 Public Bills and Resolutions Introduced: 33 pub- Chaplain: The prayer was offered by the guest chap- lic bills, H.R. 1858–1890; and 3 resolutions, H.J. lain, Monsignor Craig Harrison, St. Francis of Assisi Res. 62; H. Con. Res. 62; and H. Res. 267 were in- Catholic Church, Bakersfield, California. Page H3230 troduced. Pages H3277–81 Reversing President Obama’s Offshore Morato- Additional Cosponsors: Pages H3281–82 rium Act: The House passed H.R. 1231, to amend Report Filed: A report was filed today as fol- the Outer Continental Shelf Lands Act to require lows: that each 5-year offshore oil and gas leasing program H. Res. 209, directing the Secretary of State to offer leasing in the areas with the most prospective transmit to the House of Representatives copies of oil and gas resources and to establish a domestic oil any document, record, memo, correspondence, or and natural gas production goal, by a recorded vote other communication of the Department of State, or of 243 ayes to 179 noes, Roll No. 320. Consider- any portion of such communication, that refers or re- ation of the measure began yesterday, May 11th. Pages H3237–42 lates to any consultation with Congress regarding Rejected the Holt motion to recommit the bill to Operation Odyssey Dawn or military actions in or the Committee on Natural Resources with instruc- against Libya, with amendments (H. Rept. 112–76) tions to report the same back to the House forthwith and with amendments, by a recorded vote of 180 ayes to H. Res. 208, directing the Secretary of Defense to 243 noes, Roll No. 319. Pages H3240–42 transmit to the House of Representatives copies of Rejected: any document, record, memo, correspondence, or Tsongas amendment (No. 5 printed in H. Rept. other communication of the Department of Defense, 112–74) that was debated on May 11th that sought or any portion of such communication, that refers or to require that all applicants for a drilling permit relates to any consultation with Congress regarding under a lease issued under H.R. 1231 would have to Operation Odyssey Dawn or military actions in or submit a worst-case scenario oil spill containment against Libya, with amendments (H. Rept. 112–77). and clean-up plan (by a recorded vote of 195 ayes Page H3277 to 223 noes, Roll No. 315); Pages H3237–38 Speaker: Read a letter from the Speaker wherein he Brown (FL) amendment (No. 6 printed in H. appointed Representative Graves (GA) to act as Rept. 112–74) that was debated on May 11th that sought to make permanent the current moratorium Speaker pro tempore for today. Page H3223 on drilling in the eastern gulf of Mexico that expires

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Roll No. 316); Page H3238 Rept. 112–75) that requires, within 180 days after Thompson (CA) amendment (No. 7 printed in H. enactment, the Inspector General of the Intelligence Rept. 112–74) that was debated on May 11th that Community to submit to Congress a report on the sought to clarify that the legislation does not allow degree to which racial and ethnic minorities in the for oil and gas drilling on the northern coast of Cali- United States are employed in professional positions fornia (by a recorded vote of 156 ayes to 263 noes, in the intelligence community and barriers to the re- Roll No. 317); and Pages H3238–39 cruitment and retention of additional racial and eth- Inslee amendment (No. 8 printed in H. Rept. nic minorities in these positions. Pages H3253–54 112–74) that was debated on May 11th that sought Withdrawn: to require the Washington state Governor and legis- Dent amendment (No. 3 printed in H. Rept. lature approve any leasing of the Outer Continental 112–75) that was offered and subsequently with- Shelf off of Washington state (by a recorded vote of drawn that would have required the Director of Na- 160 ayes to 256 noes, Roll No. 318). Pages H3239–40 tional Intelligence and the Director of the CIA with- H. Res. 257, the rule providing for consideration in 90 days of enactment of this Act to submit to the of the bill, was agreed to yesterday, May 11th. congressional intelligence committees all information Adjournment Resolution: The House agreed to H. possessed by the DNI and the CIA relating to the Con. Res. 50, providing for an adjournment of the pursuit and targeting of Anwar al-Awlaki by the House of Representatives, by a yea-and-nay vote of Federal Government, as well as an analysis of the 227 yeas to 158 nays, Roll No. 321. legal impediments to pursuing the capture of Anwar Pages H3237, H3242–43 al-Awlaki. Pages H3252–53 Providing for a recess of the House for a joint Proceedings Postponed: meeting to receive His Excellency Binyamin Rogers (MI) amendment (No. 1 printed in H. Netanyahu, Prime Minister of Israel: Agreed by Rept. 112–75) that seeks to clarify that section 411 unanimous consent that it may be in order at any of the bill, which provides certain authorities for De- time on Tuesday, May 24, 2011 for the Speaker to fense Intelligence Agency Expenditures, applies only declare a recess, subject to the call of the Chair, for to National Intelligence Program funds. Also strikes the purpose of receiving in joint meeting His Excel- section 412 of the reported bill, providing for the es- lency Binyamin Netanyahu, Prime Minister of Israel. tablishment of certain transfer accounts for intel- Page H3244 ligence funds; Page H3251 Intelligence Authorization Act for Fiscal Year Gibson amendment (No. 5 printed in H. Rept. 2011: The House began consideration of H.R. 754, 112–75) that seeks to require the Director of Na- to authorize appropriations for fiscal year 2011 for tional Intelligence to submit to Congress a report intelligence and intelligence-related activities of the containing recommendations the Director considers United States Government, the Community Manage- appropriate for consolidating the intelligence com- ment Account, and the Central Intelligence Agency munity; Page H3253 Retirement and Disability System. Consideration of Hinchey amendment (No. 7 printed in H. Rept. the measure is expected to resume tomorrow, May 112–75) that seeks to require the Director of Na- 13th. Pages H3232–37, H3244–57 tional Intelligence (DNI) to report to the House and Pursuant to the rule, the amendment in the na- Senate Intelligence panels on information it has re- ture of a substitute recommended by the Permanent garding the human rights violations of the military Select Committee on Intelligence now printed in the government in Argentina that resulted in 30,000 bill shall be considered as an original bill for the disappearances between the mid-1970’s and mid- purpose of amendment under the five-minute rule. 1980’s. The amendment also seeks to help shed light Page H3249 on the unknown fate of hundreds of Argentine chil- Agreed to: dren who were born in captivity and distributed to Barrow amendment (No. 2 printed in H. Rept. members of the Argentine security forces; and 112–75) that tasks the Director of National Intel- Pages H3254–56 ligence with creating a pilot grant program for His- Carney amendment (No. 8 printed in H. Rept. torically Black Colleges and Universities to assist in 112–75) that seeks to establish the sense of Congress creating and maintaining academic curricula that that railway transportation should be included in teach advanced critical foreign languages, and for transportation security plans for intelligence agen- study abroad programs. Amendment aims to help in- cies. Pages H3256–57 telligence community meet strategic, diversity and H. Res. 264, the rule providing for consideration critical language goals and Pages H3251–52 of the bill, was agreed to by a yea-and-nay vote of

VerDate Mar 15 2010 04:31 May 13, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D12MY1.REC D12MYPT1 tjames on DSKG8SOYB1PROD with DIGEST D496 CONGRESSIONAL RECORD — DAILY DIGEST May 12, 2011 251 yeas to 133 nays, Roll No. 322, after the pre- MISCELLANEOUS MEASURES vious question was ordered without objection. Committee on Energy and Commerce: Subcommittee on Pages H3232, H3243–44 Health held a markup of H.R. 1683, the State Flexi- Senate Message: Message received from the Senate bility Act of 2011. The bill was forwarded, without by the Clerk and subsequently presented to the amendment. House today appears on page H3244. MISCELLANEOUS MEASURES Quorum Calls—Votes: Two yea-and-nay votes and Committee on Energy and Commerce: Subcommittee on six recorded votes developed during the proceedings Commerce, Manufacturing, and Trade held a markup of today and appear on pages H3237–38, H3238, of legislation regarding the Enhancing CPSC Au- H3238–39, H3239–40, H3241–42, H3242, thority and Discretion Act of 2011 (ECADA). The H3242–43 and H3243. There were no quorum calls. bill was forwarded, as amended. Adjournment: The House met at 10 a.m. and ad- MISCELLANEOUS MEASURES journed at 7:30 p.m. Committee on Financial Services: Full Committee began a markup on the following legislation: H.R. 1309, Committee Meetings the Flood Insurance Reform Act of 2011; H.R. 1573, to facilitate implementation of title VII of the FREE TRADE AGREEMENTS Dodd-Frank Wall Street Reform and Consumer Pro- Committee on Agriculture: Full Committee held a hear- tection Act; H.R. 1121, the Responsible Consumer ing to review pending free trade agreements. Testi- Financial Protection Regulations Act of 2011; H.R. mony was heard from Tom Vilsack, Secretary of Ag- 1315, the Consumer Financial Protection Safety and riculture; Ron Kirk, United States Trade Representa- Soundness Improvement Act of 2011; and H.R. tive; and public witnesses. 1667, to postpone the date for the transfer of func- tions to the Bureau of Consumer Financial Protec- INTERIOR, ENVIRONMENT— tion if the Bureau does not yet have a Director in APPROPRIATIONS place. Committee on Appropriations: Subcommittee on Inte- EXPORT CONTROLS, ARMS SALES, AND rior, Environment, and Related Agencies held a REFORM hearing on Smithsonian Institution FY12 Budget Committee on Foreign Affairs: Full Committee held a Oversight. Testimony was heard from Wayne hearing on Export Controls, Arms Sales, and Reform: Clough, Secretary, Smithsonian Institution. Balancing U.S. Interests, Part 1. Testimony was heard from Ellen Tauscher, Under Secretary, Arms LEGISLATIVE BRANCH—APPROPRIATIONS Control and International Security, Department of Committee on Appropriations: Subcommittee on Legisla- State; Eric L. Hirschhorn, Under Secretary, Bureau of tive Branch held a hearing on the House of Rep- Industry and Security, Department of Commerce; resentatives FY 2012. Testimony was heard from and James N. Miller, Jr., Principal Deputy Under Dan J. Strodel, Chief Administrative Officer; Karen Secretary of Defense for Policy, Department of De- Haas, Clerk of the House; and Wilson Livingood, fense. Sergeant at Arms. TAKING MEASURE OF COUNTERMEASURES Committee on Homeland Security: Subcommittee on WORKERS’ COMPENSATION FOR FEDERAL Emergency Preparedness, Response, and Communica- EMPLOYEES tions held a hearing entitled ‘‘Taking Measure of Committee on Education and the Workforce: Sub- Countermeasures (Part 2): A Review of Efforts to committee on Workforce Protections held a hearing Protect the Homeland Through Distribution and on Reviewing Workers’ Compensation for Federal Dispensing of CBRN Medical Countermeasures.’’ Employees. Testimony was heard from Daniel Testimony was heard from Alexander G. Garza, MD, Bertoni, Director of Education, Workforce and In- Assistant Secretary for Health Affairs, Chief Medical come Security, GAO; Elliot P. Lewis, Assistant In- Officer, Department of Homeland Security; Ali spector General for Audit, Department of Labor, Of- Khan, MD, Director, Office of Public Health Pre- fice of Inspector General; Gary A. Steinberg, Acting paredness and Response, Centers for Disease Control Director, Office of Workers’ Compensation Pro- and Prevention; Mike McHargue, Director of Emer- grams, Department of Labor; Scott Szymendera, Con- gency Operations, Division of Emergency Medical gressional Research Service, Library of Congress; and Operations, Florida Department of Health; David public witnesses. Starr, Director, Countermeasures Response Unit,

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heard from Daniel I. Werfel, Controller, OMB; Pat- NEW PUBLIC LAWS rick F. Kennedy, Under Secretary for Management, (For last listing of Public Laws, see DAILY DIGEST, p. D430) Department of State; Anthony J. Principi, Former H.R. 1308, to amend the Ronald Reagan Centen- Secretary, Department of Veterans Affairs; Chairman, nial Commission Act to extend the termination date 2005 Defense Base Realignment and Closure Com- for the Commission. Signed on May 12, 2011. (Pub- mission; David Winstead, Former Commissioner, lic Law 112–13) Public Buildings Service, General Services Adminis- tration; and public witnesses. f COMMITTEE MEETINGS FOR FRIDAY, MISCELLANEOUS MEASURES MAY 13, 2011 Committee on Veterans’ Affairs: Full Committee held a markup of the following: H.R. 1407, Veterans’ (Committee meetings are open unless otherwise indicated) Compensation Cost-of-Living Adjustment Act of 2011; H.R. 1484, Veterans Appeals Improvement Senate Act of 2011; H.R. 1627, to amend title 38, United No meetings/hearings scheduled. States Code, to provide for certain requirements for the placement of monuments in Arlington National House Cemetery, and for other purposes; H.R. 1383, Re- Committee on Appropriations, Subcommittee on Home- storing G.I. Bill Fairness Act of 2011; H.R. 1657, land Security, markup on appropriations bill for FY to amend title 38, United States Code, to revise the 2012, 11 a.m., HC–5 Capitol. enforcement penalties for misrepresentation of a Subcommittee on Military Construction, Veterans Af- business concern as a small business concern owned fairs, and Related Agencies, markup on appropriations and controlled by veterans or as a small business bill for FY 2012, 10:15 a.m., H–140 Capitol. concern owned and controlled by service-disabled Committee on Education and the Workforce, Subcommittee veterans; and H.R. 802, to direct the Secretary of on Early Childhood, Elementary, and Secondary Edu- cation, hearing on Examining the Costs of Federal Over- Veterans Affairs to establish a VetStar Award Pro- reach into School Meals, 10 a.m., 2175 Rayburn. gram. The following were ordered reported, as Committee on Energy and Commerce, Subcommittee on amended: H.R. 1383, H.R. 802; H.R. 1407; H.R. Communications and Technology, hearing on FCC Proc- 1484; and H.R. 1627. H.R. 1657 was ordered re- ess Reform, 9:30 a.m., 2123 Rayburn. ported, without amendment. Subcommittee on Energy and Power, hearing on The American Energy Initiative, 9 a.m., 2322 Rayburn. BURDENS THAT THE TAX CODE IMPOSES Committee on Financial Services, Subcommittee on Over- ON AMERICAN COMPANIES sight and Investigations, hearing on The Stanford Ponzi Scheme: Lessons for Protecting Investors from the Next Committee on Ways and Means: Full Committee held Securities Fraud, 10 a.m., 2128 Rayburn. a hearing on the burdens that the tax code imposes Full Committee, continued markup on the following on American companies and how such burdens place legislation: H.R. 1309, the Flood Insurance Reform Act them at a competitive disadvantage as they try to of 2011; H.R. 1573, to facilitate implementation of title sell goods and services around the world. Testimony VII of the Dodd-Frank Wall Street Reform and Con- sumer Protection Act, promote regulatory coordination, was heard from public witnesses. and avoid market disruption; H.R. 1121, the Responsible Consumer Financial Protection Regulations Act of 2011; REFORMING MEDICARE PHYSICIAN H.R. 1315, the Consumer Financial Protection Safety and PAYMENTS Soundness Improvement Act of 2011; and H.R. 1667, to Committee on Ways and Means: Subcommittee on postpone the date for the transfer of functions to the Bu- reau of Consumer Financial Protection if the Bureau does Health held a hearing on reforming Medicare physi- not yet have a Director in place. 9:30 a.m., 2128 Ray- cian payments. Testimony was heard from Lisa burn. Dulsky Watkins, MD, Associate Director, Vermont Committee on Foreign Affairs, Subcommittee on Africa, Blueprint for Health, Department of Vermont Global Health, and Human Rights, hearing on China’s Health Access; and public witnesses. Latest Crackdown on Dissent, 10 a.m., 2172 Rayburn. Committee on the Judiciary, Subcommittee on the Con- stitution, hearing on Whether the Constitution Should Joint Meetings Be Amended to Address the Federal Deficit, 10 a.m., No joint committee meetings were held. 2141 Rayburn. Committee on Natural Resources, Full Committee, hearing on American Energy Initiative: Identifying Roadblocks to

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Wind and Solar Energy on Public Lands and Waters, 10 Committee on Science, Space, and Technology, Subcommittee a.m., 1324 Longworth. on Investigations and Oversight and Subcommittee on Committee on Oversight and Government Reform, Sub- Energy and Environment, joint hearing on Nuclear En- committee on Government Organization, Efficiency, and ergy Risk Management, 9 a.m., 2318 Rayburn. Financial Management, hearing entitled ‘‘Department of Committee on Veterans’ Affairs, Subcommittee on Health, Homeland Security Financial Management,’’ 10 a.m., hearing on The Federal Recovery Coordination Program: 2247 Rayburn. From Concept to Reality, 10 a.m., 334 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 2 p.m., Monday, May 16 9 a.m., Friday, May 13

Senate Chamber House Chamber Program for Monday: Senate will be in a period of Program for Friday: Complete consideration of H.R. morning business until 5 p.m. 754—Intelligence Authorization Act for Fiscal Year 2011.

Extensions of Remarks, as inserted in this issue

HOUSE Denham, Jeff, Calif., E874 Olson, Pete, Tex., E875 Donnelly, Joe, Ind., E873 Quigley, Mike, Ill., E875 Berman, Howard L., Calif., E879 Faleomavaega, Eni F.H., American Samoa, E884 Rangel, Charles B., N.Y., E883, E885 Bishop, Timothy H., N.Y., E875 Fortenberry, Jeff, Nebr., E884 Ribble, Reid J., Wisc., E883 Bordallo, Madeleine Z., Guam, E873 Graves, Sam, Mo., E874, E875, E876 Riggell, E. Scott, Va., E882 Brady, Robert A., Pa., E877 Hinchey, Maurice D., N.Y., E876 Burgess, Michael C., Tex., E874, E877 King, Peter T., N.Y., E884 Sanchez, Loretta, Calif., E875 Capps, Lois, Calif., E874 Latham, Tom, Iowa, E877, E878, E879, E879, E880, Schwartz, Allyson Y., Pa., E879 Cardoza, Dennis A., Calif., E880 E882, E883, E883, E884, E885 Shuler, Heath, N.C., E882 Christensen, Donna M., The Virgin Islands, E877 Levin, Sander M., Mich., E878 Simpson, Michael K., Idaho, E881 Clyburn, James E., S.C., E881, E885 Lipinski, Daniel, Ill., E873 Smith, Adrian, Nebr., E883 Connolly, Gerald E., Va., E876, E877 Maloney, Carolyn B., N.Y., E880 Terry, Lee, Nebr., E875 Costa, Jim, Calif., E880 Miller, George, Calif., E881 Visclosky, Peter J., Ind., E873 Davis, Danny K., Ill., E876 Moore, Gwen, Wisc., E879 Woolsey, Lynn C., Calif., E878, E884 Davis, Geoff, Ky., E883 Nugent, Richard B., Fla., E886

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