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, FRIDAY, SEPTEMBER 23, 2011 No. 143 House of Representatives The House met at 9 a.m. and was last day’s proceedings and announces active member and chaplain of the 100 called to order by the Speaker pro tem- to the House his approval thereof. Black Men of the Bay Area, Inc., and a pore (Mr. DOLD). Pursuant to clause 1, rule I, the Jour- director for the Oakland African Amer- f nal stands approved. ican Chamber of Commerce Board. He f is married to his wife, Felicia S. DESIGNATION OF THE SPEAKER Brooks-Hames, and is the proud father PRO TEMPORE PLEDGE OF ALLEGIANCE of three children. The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the I thank Pastor Hames for his wise fore the House the following commu- gentlewoman from California (Ms. LEE) counsel, for his spiritual leadership and nication from the Speaker: come forward and lead the House in the for his commitment to making this a better world for all God’s children. WASHINGTON, DC, Pledge of Allegiance. September 23, 2011. Ms. LEE of California led the Pledge f I hereby appoint the Honorable ROBERT J. of Allegiance as follows: ANNOUNCEMENT BY THE SPEAKER DOLD to act as Speaker pro tempore on this I pledge allegiance to the Flag of the PRO TEMPORE day. United States of America, and to the Repub- JOHN A. BOEHNER, lic for which it stands, one nation under God, The SPEAKER pro tempore. The Speaker of the House of Representatives. indivisible, with liberty and justice for all. Chair will entertain up to five further requests for 1-minute speeches on each f f side of the aisle. PRAYER WELCOMING REVEREND DR. f CHARLEY HAMES, JR. Reverend Dr. Charley Hames, Jr., HONORING ROGER SCHLICKEISEN, Beebee Memorial Cathedral, Oakland, The SPEAKER pro tempore. Without DEFENDER OF WILDLIFE California, offered the following pray- objection, the gentlewoman from Cali- (Mr. BLUMENAUER asked and was er: fornia (Ms. LEE) is recognized for 1 given permission to address the House Eternal and gracious God, we call on minute. Your Name by Your mercy as one na- for 1 minute.) There was no objection. Mr. BLUMENAUER. Mr. Speaker, tion under Your divine counsel. Dear Ms. LEE of California. Mr. Speaker, I last night Roger Schlickeisen was hon- Lord, I lift up to You today these men am so pleased to welcome Reverend Dr. ored for his 20 years’ leadership as and women who have been weighted Charley Hames to the House floor after president of Defenders of Wildlife, with the vicissitudes of life by the vir- delivering today’s very powerful open- where he became a key pillar of the tue of the office that they have been ing prayer. American environmental movement. called to serve for such a time as this. Dr. Hames is an absolutely brilliant The successful reintroduction of the We ask You, Lord, to equip and em- pastor at the historic BeeBee Memorial gray wolf into the American West was power these, Your leaders, by Your Cathedral in Oakland, California. an example of his tenacity, skill and Spirit to faithfully carry out the duty Under his leadership, BeeBee Memorial his vision. Whether Roger was fighting to the office in which affects our daily Cathedral has grown from approxi- to protect our environmental laws lives. Remind them of their divine pur- mately 80 members to over 1,400 mem- from assault or using them for their in- pose to bring hope where there has bers, making it one of the Bay Area’s tended purposes, he showed how even been disappointment, to give peace fastest growing churches. His min- in difficult times, people would respond where there is chaos, and leadership istries touch the lives of many to protect what they cherish. That is that promotes unity. throughout the community. how he built Defenders of Wildlife into Guide their minds to make decisions In addition to his 19 years in the min- such a formidable political and policy that embody the good of all of our citi- istry, Dr. Hames served as the chair of force, increasing its membership 1,500 zens and pilot their hands to give voice the board of the Empowerment Com- percent to almost 1 million people. to the voiceless. This is our prayer in munity Development Corporation, a Whether taking his phone call, an of- Your awesome Name. Amen. nonprofit organization that fosters fice visit, or exploring the Arctic wild- f community involvement with local life refuge with Roger, his passion was government. clear to me. Roger provided leadership THE JOURNAL Reverend Dr. Hames is the proud re- that matters, which speaks volumes The SPEAKER pro tempore. The cipient of the 2011 CME-Ninth Epis- today and will far into the future. Chair has examined the Journal of the copal District Pastor of the Year, is an Thank you, Roger.

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 01:25 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.000 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6418 CONGRESSIONAL RECORD — HOUSE September 23, 2011 PRESIDENT OBAMA MUST STAND to a member of America’s Greatest Solyndra is an example of the waste UP FOR ISRAEL Generation, Dr. R.C. Goodman, Sr., of and failure of your stimulus bill. This (Mr. HULTGREN asked and was Fort Smith, Arkansas. company in the solar industry is a given permission to address the House This American patriot mobilized crony of your administration. for 1 minute.) with the Arkansas National Guard at Solyndra’s backers were friends of your Mr. HULTGREN. Mr. Speaker, this the beginning of World War II, earning Presidential campaign, and the com- week, President Obama went to New two Purple Hearts and the Combat In- pany received friendly treatment from York to address the United Nations fantryman’s Badge. And his life was your administration. Solyndra was General Assembly. He did so, remark- forever changed by the events of May 8, supposed to create green jobs, but now ably for an American leader, from a po- 1945. You see, Dr. Goodman was in more than a thousand are laid off. sition of weakness. charge of a train car full of Belgian They got a $535 million taxpayer-sub- As the Palestinian Authority began POWs just rescued from a German sidized loan, but they are now bank- to campaign to upgrade its status at camp. The train wrecked, and Dr. rupt and their officers are taking the the U.N., this administration wavered Goodman was one of the few survivors. Fifth Amendment. and vacillated and did nothing for too He later shared with his children the We must help the American economy long. This was a failure of leadership terrific sense of helplessness watching create jobs by freeing job creators from and leaves us, our Israeli allies, and the so many die that day, and he made a regulations that stifle growth, expand ever tense Middle East at an uncertain commitment to becoming a physician production of competitive and afford- crossroads. so that he would always be able to help able energy, stop threatening job cre- The President might have been able in the presence of human suffering. ators with higher taxes, and stop wast- to rescue the situation with a forceful Dr. Goodman, thank you for your ing taxpayers’ money. speech laying down a clear marker of service to your country and to your fel- Mr. Speaker, no more Solyndras. America’s support for Israel. Instead, low man. And on the occasion of your ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE he falsely blamed Israel for the stale- 91st birthday, America sends its best The SPEAKER pro tempore. Mem- mated peace process. wishes. bers are reminded to address their re- I have always believed that our rela- f marks to the Chair. tionship with Israel is unique in world NATIONAL CHILDHOOD OBESITY history and critical to both countries. f AWARENESS MONTH Those beliefs were reinforced when I had the opportunity to visit Israel and (Mr. CARNEY asked and was given PRESIDENT’S JOBS PLAN meet with Prime Minister Netanyahu permission to address the House for 1 (Mr. WELCH asked and was given in May. minute.) permission to address the House for 1 President Obama must stand up, not Mr. CARNEY. Mr. Speaker, I rise minute and to revise and extend his re- only for Israel and the Israeli people, today to recognize September as Na- marks.) but also for a commitment to the peace tional Childhood Obesity Awareness Mr. WELCH. We have two problems process and the rule of law. Month. in this economy: One is, we have a f When I served as Delaware’s Lieuten- long-term deficit that requires long- ant Governor, I spent a lot of my time term solutions. Second, we have an im- AMERICAN JOBS ACT helping children in our State under- mediate crisis of high unemployment. (Mr. BACA asked and was given per- stand the importance of making We have 23 million Americans who are mission to address the House for 1 healthy lifestyle choices. I started a out of work full time or out of work minute.) program called the Lieutenant Gov- part time, people looking for full-time Mr. BACA. Mr. Speaker, the Amer- ernor’s Challenge that helped thou- work that don’t have it—23 million ican people are hurting. They need our sands of Delaware students make reg- Americans. Why can’t we focus on poli- help now. It’s time for Congress to step ular physical activity part of their cies that are going to put people back up to the plate and live up to our re- daily lives. to work? The President’s jobs plan will sponsibilities. Let’s do what is right for One of my partners in these initia- help us to do that. the American people. tives was Nemours, a foundation that What does it do? We start to invest in The American Jobs Act contains bi- operates A.I. DuPont Hospital, a world- infrastructure. It is disgraceful that partisan policies that both Republicans class facility for children in Wil- the roads and bridges of this country, and Democrats have supported in the mington, Delaware. Nemours works that the water and sewer systems in past. Economists across the Nation with schools, childcare centers, and your town and mine are ancient and agree it will create jobs and give our community organizations to help chil- antiquated. They need repair. They economy an immediate boost. If we do dren make healthy food and lifestyle need rebuilding. That is not just money pass the American Jobs Act, in my choices and to stay physically active. thrown out the door. That’s investing home State of California, over 700,000 If we can help children make healthy in our future where generations are businesses will receive a payroll tax decisions at an early age, those habits going to benefit from it. cut, $3.9 billion in the infrastructure will stay with them for a lifetime, and Part of the solution is rebuilding our investment will create over 50,000 new we will save money on the country’s schools. Who among us has not been to jobs, and over 37,000 teachers and first health care bill as a result. a school in our neighborhood or our responders will be saved from layoffs. Mr. Speaker, we should follow the district that is in desperate need of re- This debate is not about political lead of organizations like Nemours for pair? And we have folks in the con- winners and losers. It’s about the the healthy messages they bring to our struction industry who aren’t building struggle of everyday Americans. The children in places where they live, houses because of the housing crisis next election is 14 months away. Let’s learn, and play. but can be rebuilding these schools and come together and pass this bipartisan f can be retrofitting our homes. agenda. WHERE ARE THE JOBS? We have to focus on putting people f back to work. b 0910 (Mr. HARRIS asked and was given permission to address the House for 1 f TRIBUTE TO DR. R.C. GOODMAN, minute.) SR. Mr. HARRIS. Mr. President, where TRAIN ACT (Mr. WOMACK asked and was given are the jobs? You spent nearly $1 tril- (Mr. POMPEO asked and was given permission to address the House for 1 lion on a stimulus bill that failed. Now permission to address the House for 1 minute and to revise and extend his re- you want to spend another $450 billion minute and to revise and extend his re- marks.) on another stimulus bill. This is simply marks.) Mr. WOMACK. Mr. Speaker, it is my repeating the same action and expect- Mr. POMPEO. Mr. Speaker, this honor today to send birthday greetings ing a different outcome. morning I rise in support of the TRAIN

VerDate Mar 15 2010 01:25 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.003 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6419 Act, H.R. 2401. This bill provides a com- TRANSPARENCY IN REGULATORY (5) The Secretary of the Treasury, acting monsense approach that addresses a se- ANALYSIS OF IMPACTS ON THE through the Deputy Assistant Secretary for En- ries of EPA regulations that will cost NATION ACT OF 2011 vironment and Energy of the Department of the jobs and cripple our Nation’s economy. Treasury. Mr. WHITFIELD. Mr. Speaker, I ask (6) The Administrator of the Environmental TRAIN requires a commission simply unanimous consent that all Members Protection Agency. to study the cumulative impact of may have 5 legislative days in which to (7) The Chairman of the Council of Economic EPA’s regulations, but it would also revise and extend their remarks and in- Advisors. delay two incredibly expensive regula- clude extraneous material on H.R. 2401. (8) The Chairman of the Federal Energy Reg- tions—the Utility MACT rule and the The SPEAKER pro tempore (Mr. ulatory Commission. (9) The Administrator of the Office of Infor- Cross-State Air Pollution Rule. The WOMACK). Is there objection to the re- mation and Regulatory Affairs. impact of these two EPA regulations quest of the gentleman from Ken- on Kansas would be enormous. (10) The Chief Counsel for Advocacy of the tucky? Small Business Administration. The Sunflower Electric Cooperative There was no objection. (11) The Chairman of the United States Inter- has been trying to build an 895-mega- The SPEAKER pro tempore. Pursu- national Trade Commission, acting through the watt coal plant in Holcomb, Kansas, ant to House Resolution 406 and rule Office of Economics. for years. Holcomb 2 will increase our XVIII, the Chair declares the House in (c) CHAIR.—The Secretary of Commerce shall Nation’s energy supply, utilizing envi- the Committee of the Whole House on serve as Chair of the Committee. In carrying out ronmental controls to reduce air mis- the state of the Union for the further the functions of the Chair, the Secretary of sions. It’s a win-win that is good for consideration of the bill, H.R. 2401. Commerce shall consult with the members serv- jobs for Kansas, good for the economy, ing on the Committee pursuant to paragraphs b 0920 (5) and (11) of subsection (b). and good for the environment. (d) CONSULTATION.—In conducting analyses IN THE COMMITTEE OF THE WHOLE But now this project is in serious under section 3 and preparing reports under sec- jeopardy because of these EPA rules. Accordingly, the House resolved tion 4, the Committee shall consult with, and The Kansas Attorney General has now itself into the Committee of the Whole consider pertinent reports issued by, the Electric stepped in, filing a lawsuit in the D.C. House on the state of the Union for the Reliability Organization certified under section Court of Appeals trying to slow down further consideration of the bill (H.R. 215(c) of the Federal Power Act (16 U.S.C. and stop this rule because it will be 2401) to require analyses of the cumu- 824o(c)). physically impossible for Kansas utili- lative and incremental impacts of cer- (e) TERMINATION.—The Committee shall termi- tain rules and actions of the Environ- nate 60 days after submitting its final report ties to comply with these rules. pursuant to section 4(c). The problems in Kansas are the same mental Protection Agency, and for SEC. 3. ANALYSES. other purposes, with Mr. DOLD (Acting problems all Americans face because of (a) SCOPE.—The Committee shall conduct EPA’s refusal to consider the real eco- Chair) in the chair. The Clerk read the title of the bill. analyses, for each of the calendar years 2016, nomic costs of these regulations. Pass- 2020, and 2030, of the following: ing the TRAIN Act saves jobs. Let’s do The Acting CHAIR. When the Com- (1) The cumulative impact of covered rules it. mittee of the Whole rose on Thursday, that are promulgated as final regulations on or September 22, 2011, all time for general before January 1, 2012, in combination with cov- f debate pursuant to House Resolution ered actions. 406 had expired. (2) The cumulative impact of all covered rules Pursuant to the rule, the amendment (including covered rules that have not been pro- THE GREATEST CHALLENGE in the nature of a substitute printed in mulgated as final regulations on or before Janu- (Ms. HANABUSA asked and was the bill shall be considered as an origi- ary 1, 2012), in combination with covered ac- given permission to address the House nal bill for the purpose of amendment tions. (3) The incremental impact of each covered for 1 minute.) under the 5-minute rule and shall be rule not promulgated as a final regulation on or Ms. HANABUSA. Mr. Speaker, let’s considered read. before January 1, 2012, relative to an analytic talk about things that we can agree on. The text of the committee amend- baseline representing the results of the analysis We can agree that the greatest chal- ment in the nature of a substitute is as conducted under paragraph (1). lenge that faces all of us today is to follows: (b) CONTENTS.—The Committee shall include stop the erosion of public confidence. H.R. 2401 in each analysis conducted under this section We can also agree that public con- Be it enacted by the Senate and House of Rep- the following: fidence is critical because that’s what resentatives of the United States of America in (1) Estimates of the impacts of the covered Congress assembled, rules and covered actions with regard to— is really going to kick-start our econ- (A) the global economic competitiveness of the omy. We can also agree that when you SECTION 1. SHORT TITLE. United States, particularly with respect to en- This Act may be cited as the ‘‘Transparency talk to the people in our various dis- ergy intensive and trade sensitive industries; in Regulatory Analysis of Impacts on the Nation tricts, what are they most concerned (B) other cumulative costs and cumulative Act of 2011’’. about? They’re concerned about jobs. benefits, including evaluation through a general Because what do jobs represent? They SEC. 2. COMMITTEE FOR THE CUMULATIVE ANAL- equilibrium model approach; YSIS OF REGULATIONS THAT IMPACT (C) any resulting change in national, State, represent the security that they need ENERGY AND MANUFACTURING IN to provide for the most important part THE UNITED STATES. and regional electricity prices; (a) ESTABLISHMENT.—The President shall es- (D) any resulting change in national, State, of their life, their families. and regional fuel prices; We can also agree that if there is a tablish a committee to be known as the Com- mittee for the Cumulative Analysis of Regula- (E) the impact on national, State, and re- plan out there that can add to GDP 2 tions that Impact Energy and Manufacturing in gional employment during the 5-year period be- percent, add at least 2 million jobs, cut the United States (in this Act referred to as the ginning on the date of enactment of this Act, unemployment by 1 percent, that ‘‘Committee’’) to analyze and report on the cu- and also in the long term, including secondary that’s a plan we should consider. We mulative and incremental impacts of certain impacts associated with increased energy prices can also agree that we want to put rules and actions of the Environmental Protec- and facility closures; and teachers, firefighters, and first re- tion Agency, in accordance with sections 3 and (F) the reliability and adequacy of bulk power 4. supply in the United States. sponders back to work, and that we (2) Discussion of key uncertainties and as- want to build infrastructure so we can (b) MEMBERS.—The Committee shall be com- posed of the following officials (or their des- sumptions associated with each estimate. be the greatest country that we’ve al- ignees): (3) A sensitivity analysis. ways been. And we can also agree that (1) The Secretary of Agriculture, acting (4) Discussion, and where feasible an assess- we want tax cuts for employees and through the Chief Economist. ment, of the cumulative impact of the covered employers. (2) The Secretary of Commerce, acting rules and covered actions on— So what’s the problem, Mr. Speaker? through the Chief Economist and the Under (A) consumers; Is the problem that this is the Presi- Secretary for International Trade. (B) small businesses; (3) The Secretary of Labor, acting through the (C) regional economies; dent’s plan? That shouldn’t be the Commissioner of the Bureau of Labor Statistics. (D) State, local, and tribal governments; problem. Let’s get it together and let’s (4) The Secretary of Energy, acting through (E) local and industry-specific labor markets; work for the people of this great Na- the Administrator of the Energy Information and tion. Administration. (F) agriculture,

VerDate Mar 15 2010 04:10 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 7634 Sfmt 6333 E:\CR\FM\K23SE7.005 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6420 CONGRESSIONAL RECORD — HOUSE September 23, 2011 as well as key uncertainties associated with SEC. 4. REPORTS; PUBLIC COMMENT. (2) by inserting ‘‘$46,000,000 for fiscal year each topic. (a) PRELIMINARY REPORT.—Not later than 2012 and’’ after ‘‘to carry out this subtitle’’. (c) METHODS.—In conducting analyses under January 31, 2012, the Committee shall make pub- The Acting CHAIR. No amendment this section, the Committee shall use the best lic and submit to the Committee on Energy and to the committee amendment is in available methods, consistent with guidance Commerce of the House of Representatives and from the Office of Information and Regulatory the Committee on Environment and Public order except those printed in House Re- Affairs and the Office of Management and Works of the Senate a preliminary report con- port 112–213. Each such amendment Budget Circular A–4. taining the results of the analyses conducted may be offered only in the order print- (d) DATA.—In conducting analyses under this under section 3. ed in the report, by a Member des- section, the Committee— (b) PUBLIC COMMENT PERIOD.—The Committee ignated in the report, shall be consid- (1) shall use the best data that are available shall accept public comments regarding the pre- ered read, shall be debatable for the to the public or supplied to the Committee by its liminary report submitted under subsection (a) time specified in the report equally di- members, including the most recent such data for a period of 90 days after such submission. vided and controlled by the proponent appropriate for this analysis representing air (c) FINAL REPORT.—Not later than August 1, quality, facility emissions, and installed con- 2012, the Committee shall submit to Congress a and an opponent, shall not be subject trols; and final report containing the analyses conducted to amendment, and shall not be subject (2) is not required to create data or to use under section 3, including any revisions to such to a demand for division of the ques- data that are not readily accessible. analyses made as a result of public comments, tion. (e) COVERED RULES.—In this section, the term and a response to such comments. AMENDMENT NO. 1 OFFERED BY MR. WELCH ‘‘covered rule’’ means the following: SEC. 5. REGULATORY DEFERRAL OF CERTAIN The Acting CHAIR. It is now in order (1) The following published rules (including RULES. to consider amendment No. 1 printed in any successor or substantially similar rule): (a) NO FINAL ACTION.—The Administrator of (A) ‘‘Federal Implementation Plans To Reduce House Report 112–213. the Environmental Protection Agency shall not Mr. WELCH. I seek to offer the Interstate Transport of Fine Particulate Matter take final action with respect to the rule listed and Ozone’’, published at 75 Fed. Reg. 45210 in subparagraph (E) of section 3(e)(1) (relating amendment of Mr. RUSH of Illinois as (August 2, 2010). to national emission standards and standards of his designee. (B) ‘‘National Ambient Air Quality Standards performance for certain electric generating The Acting CHAIR. The Clerk will for Ozone’’, published at 75 Fed. Reg. 2938 (Jan- units) until a date (to be determined by the Ad- designate the amendment. uary 19, 2010). ministrator) that is at least 6 months after the The text of the amendment is as fol- (C) ‘‘National Emission Standards for Haz- day on which the Committee submits the final lows: ardous Air Pollutants for Major Sources: Indus- report under section 4(c). In section 2(b)(3), insert ‘‘and the Deputy trial, Commercial, and Institutional Boilers and (b) RULES FINALIZED PRIOR TO ENACTMENT.— Secretary of Labor’’ before the period. Process Heaters’’, published at 76 Fed. Reg. Notwithstanding the final action taken with re- In section 2(b)(4), insert ‘‘and the Deputy 15608 (March 21, 2011). spect to the rule listed in subparagraph (A) of Secretary of Energy’’ before the period. (D) ‘‘National Emission Standards for Haz- section 3(e)(1) (relating to Federal implementa- At the end of section 2(b), add the fol- ardous Air Pollutants for Area Sources: Indus- tion plans to reduce interstate transport of fine lowing: trial, Commercial, and Institutional Boilers’’, particulate matter and ozone) and final action (12) The Chair of the Council on Environ- published at 76 Fed. Reg. 15554 (March 21, 2011). (if any) taken with respect to the rule listed in mental Quality. (E) ‘‘National Emission Standards for Haz- subparagraph (E) of section 3(e)(1) prior to the (13) The Secretary of the Interior. ardous Air Pollutants from Coal- and Oil-fired date of the enactment of this Act— (14) The Secretary of Health and Human Electric Utility Steam Generating Units and (1) such final action shall not be or become, as Services. Standards of Performance for Fossil-Fuel-Fired applicable, effective until a date (to be deter- (15) The Director of the Centers for Disease Electric Utility, Industrial-Commercial-Institu- mined by the Administrator) that is at least 6 Control and Prevention. tional, and Small Industrial-Commercial-Insti- months after the day on which the Committee (16) The Director of the National Institute tutional Steam Generating Units’’, signed by submits the final report under section 4(c); and of Environmental Health Sciences. Administrator Lisa P. Jackson on March 16, (2) the date for compliance with any standard Amend section 2(c) to read as follows: 2011. or requirement in either such finalized rule, and (c) CHAIR.—The Secretary of Commerce (F) ‘‘Hazardous and Solid Waste Management any date for further regulatory action triggered and the Chair of the Council on Environ- System; Identification and Listing of Special by either such finalized rule, shall be delayed by mental Quality shall serve as co-chairs of Wastes; Disposal of Coal Combustion Residuals a period equal to the period— the Committee. In carrying out the func- From Electric Utilities’’, published at 75 Fed. (A) beginning on the date of the publication tions of the Chair, the co-chairs shall consult Reg. 35127 (June 21, 2010). of the final action for the respective finalized with the members of the Committee. (G) ‘‘Primary National Ambient Air Quality rule; and In section 2(d), insert ‘‘stakeholders and Standard for Sulfur Dioxide’’, published at 75 (B) ending on the date on which such final relevant experts, including’’ after ‘‘reports Fed. Reg. 35520 (June 22, 2010). action becomes effective pursuant to paragraph issued by,’’. (H) ‘‘Primary National Ambient Air Quality (1). In section 3(b)(1), insert after subparagraph Standards for Nitrogen Dioxide’’, published at (c) APPLICABILITY OF CLEAN AIR INTERSTATE (D) the following (and redesignate accord- 75 Fed. Reg. 6474 (February 9, 2010). RULE DURING INTERIM PERIOD.—Notwith- ingly): (2) The following additional rules or guide- standing any other provision of law, the Admin- (E) any resulting change in the incidences lines promulgated on or after January 1, 2009: istrator of the Environmental Protection Agency of asthma and asthma attacks and other pul- (A) Any rule or guideline promulgated under shall continue to implement the Clean Air Inter- monary disease; section 111(b) or 111(d) of the Clean Air Act (42 state Rule and the rule establishing Federal Im- (F) any resulting change in the occurrence U.S.C. 7411(b), 7411(d)) to address climate plementation Plans for the Clean Air Interstate of birth and developmental defects; change. Rule as promulgated and modified by the Ad- (G) any resulting change in the occurrence (B) Any rule or guideline promulgated by the ministrator of the Environmental Protection of premature mortality; Administrator of the Environmental Protection Agency (70 Fed. Reg. 25162 (May 12, 2005), 71 (H) any resulting change in the occurrence Agency, a State, a local government, or a per- Fed. Reg. 25288 (April 28, 2006), 71 Fed. Reg. of other adverse health effects; mitting agency under or as the result of section 25328 (April 28, 2006), 72 Fed. Reg. 59190 (Oct. (I) the effect on clean energy jobs; 169A or 169B of the Clean Air Act (42 U.S.C. 19, 2007), 72 Fed. Reg. 62338 (Nov. 2, 2007), 74 (J) the effect on clean energy companies, 7491, 7492). Fed. Reg. 56721 (Nov. 3, 2009)) until the date on including companies that export clean en- (C) Any rule establishing or modifying a na- which final action with respect to the rule listed ergy technology; tional ambient air quality standard under sec- in subparagraph (A) of section 3(e)(1) becomes (K) the effect on regional air quality, in- tion 109 of the Clean Air Act (42 U.S.C. 7409). effective pursuant to subsection (b)(1). cluding any resulting change in the impair- (f) COVERED ACTIONS.—In this section, the SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ment of visibility, due to reduced pollution; term ‘‘covered action’’ means any action on or (a) AUTHORIZATION.—There are authorized to (L) the effect on the water quality of lakes after January 1, 2009, by the Administrator of be appropriated to carry out this Act for fiscal and streams; the Environmental Protection Agency, a State, a year 2012— (M) any resulting change in the number of local government, or a permitting agency as a (1) $3,000,000 to the Department of Commerce, work days missed; result of the application of part C of title I (re- of which not more than $2,000,000 shall be for (N) any resulting change in the number of lating to prevention of significant deterioration carrying out section 3; and school days missed; of air quality) or title V (relating to permitting) (2) $500,000 to the Environmental Protection (O) any resulting change in the use of of the Clean Air Act (42 U.S.C. 7401 et seq.), if Agency. emergency medical services; such application occurs with respect to an air (b) OFFSET.—Effective October 1, 2011, section In section 3(b)(4), insert after subparagraph pollutant that is identified as a greenhouse gas 797(a) of the Energy Policy Act of 2005, as (D) the following (and redesignate accord- in ‘‘Endangerment and Cause or Contribute amended by section 2(e) of the Diesel Reduction ingly): Findings for Greenhouse Gases Under Section Act of 2010 (Public Law 111–364), is amended— (E) vulnerable subpopulations, including 202(a) of the Clean Air Act’’, published at 74 (1) by striking ‘‘2012’’ and inserting ‘‘2013’’; the elderly, pregnant women, and popu- Fed. Reg. 66496 (December 15, 2009). and lations with pulmonary disease;

VerDate Mar 15 2010 01:25 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.002 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6421 (F) the environment, including impacts on Mr. WHITFIELD. I rise in opposition ed by the polluter on to the innocent global climate change; to this amendment for a number of rea- members of society who are downwind (G) development of infants and children; sons. First of all, the TRAIN Act, the of the mercury-spewing polluting The Acting CHAIR. Pursuant to underlying bill that we’re talking plants. House Resolution 406, the gentleman about here, applies to 14 regulations of So, sure, we can have some debate from Vermont (Mr. WELCH) and a Mem- EPA. It does not delay in any way any about what should be the proper ex- ber opposed each will control 5 min- of those regulations, except for two, pense. But should we really have a de- utes. and that’s referred to as the Utility bate that it is illegitimate for the Fed- The Chair recognizes the gentleman MACT and the Cross-State Air Trans- eral Government to take actions, regu- from Vermont. port Rule. And even on those two acts, latory and legislative, that protect the Mr. WELCH. Mr. Chairman, this it only delays the Cross-State Trans- health and safety of innocent people? amendment makes needed changes to port Rule by 3 years, and it delays the The law of physics has air-carrying the economic analysis mandated by the Utility MACT by 1 year. pollutants going in the direction that underlying bill; but fundamentally this The whole purpose of the TRAIN Act nature sends it, and that means every- bill, itself, we believe, is an assault on is simply to look more closely at the body downwind gets affected. It’s real- the Clean Air Act, not really a bill that cumulative impact on jobs, on elec- ly astonishing that in the legitimate requires a study. tricity prices, on American competi- effort to ask legitimate questions The legislation began in committee tiveness in the global marketplace. about whether a regulation is serving a as a bill to require a new study on the EPA has done a very thorough job on useful purpose, whether the regulation economic impacts of EPA rules to cut most of these regulations in calcu- achieves the intended goal, whether air pollution. At that point, the bill lating benefits, but they had not there’s a way to achieve that goal at simply required a burdensome and re- looked closely in all of them on cost. less expense, those are all fair ques- dundant study of EPA rules and did not Under the TRAIN Act, we’re simply tions. But to abolish the regulations affect any of the rules it proposed to asking this independent government altogether, to suggest that everybody examine. agency to look at all costs and all ben- who will be affected by mercury pollu- It changed in committee. The Repub- efits. tion has no remedy and cannot look to lican members amended it to indefi- Another reason that I would speak in the Federal Government to provide nitely delay implementation of two opposition to this amendment, one of them with some protection for their very key rules to reduce power plant the things that it requires this inde- health, for the health of their children, pollution, the Cross-State Air Pollu- pendent body to do is to examine the that’s extreme, and it’s unacceptable, tion Rule and the Mercury and Air effect on green energy companies. Now, and it’s expensive. Toxics Rule. I yield back the balance of my time. there’s nothing in the TRAIN Act Mr. WHITFIELD. May I ask how Now Mr. WHITFIELD has proposed that’s selecting one industry to give amending the bill to further eliminate much time I have remaining? some favorable treatment to, and The Acting CHAIR. The gentleman those rules altogether and prevent EPA that’s particularly what this amend- from Kentucky has 3 minutes. from being able to clean up power ment does. Mr. WHITFIELD. Well, I would say plants in the future. Mr. LATTA has of- I might add, on green energy, the first to the distinguished gentleman fered an amendment to force EPA to green energy industry has received in- that while we’re delaying this Cross- listen to polluters’ accountants rather creases of 153 percent of subsidies. Sub- State Air Transport Rule, we have in than scientists when setting air qual- sidies have increased 153 percent for effect today the CAIR Act, which has ity standards. This bill is now a direct green energy. So I don’t think that been in effect since 2005. The EPA itself attack on the heart of the Clean Air they should be receiving some special has said that this act that is currently Act. That act has saved thousands of benefit from this Rush amendment; controlling the cross-wind interstate lives. and that’s why I would oppose it, and I movements will reduce sulfur dioxide The bill still contains a study on the would ask all Members to oppose it. and NOX emissions by 57 and 63 percent economic impact of EPA rules, al- I reserve the balance of my time. respectively. That regulation is still though I’m not sure why it would do Mr. WELCH. How much time do I going to be in effect. that. The Rush amendment, Mr. Chair- have? I would also remind everyone that man, would make the study required The Acting CHAIR. The gentleman EPA, when they implemented the CAIR by this legislation a little less biased from Vermont has 21⁄2 minutes. Act, pointed out that it would have and a little more useful. Mr. WELCH. Thank you. $100 billion in health benefits each The bill creates a new government I want to talk a little bit about the year, preventing 17,000 premature bureaucracy to conduct a complicated Clean Air Act, Mr. Chair. We have deaths, 22,000 nonfatal heart attacks, study of EPA rules. It’s not necessary. power plants that are coal-burning and 12,300 hospital admissions, 1.7 million In addition, the bill ensures that the emit toxins into the air. That’s not in lost workdays, 500,000 lost school days, final study will be unbalanced and in- dispute. But the attack on any kind of and it goes on to all of the benefits. herently biased. It’s one thing to take regulation says that if there’s any ex- a hard look at regulations. It’s another pense associated with providing health b 0930 thing to cook the outcome of that ex- and safety to the people downwind of Simply because a court invalidated amination. the polluting emitting power plants, the CAIR Act because EPA was looking The Rush amendment ensures that they’re on their own. They’ve got to at a regional program rather than at a the committee will look at both the breathe that air, and it’s their prob- State-by-State program does not mean costs and the benefits of EPA rules. lem. that this is not an effective regulation The bill’s supporters originally pre- Now, I live in Vermont; and the coal- that’s in existence today. Even many sented this bill as a means to gather burning plants, the air all comes and environmental groups actually sup- more facts on key EPA rules. As falls in Vermont. The Clean Air Act ported EPA in opposing the effort to amended by the Republicans, it’s in- has had tremendous success in actually invalidate the CAIR Act. EPA made creasingly clear that the facts really cleaning up some of these power plants. strong arguments that the CAIR Act don’t matter. Now, of course there’s some expense was adequate. I support the Rush amendment, but I associated with burning clean; but So all we’re doing is trying to delay remain staunchly opposed to final pas- there’s also, as you know, Mr. Chair, an this cross-State rule. As I said, even re- sage of the bill. enormous cost associated with burning spected independent analyses have in- I reserve the balance of my time. dirty. It may be cheaper for the power dicated that these two rules—the Util- Mr. WHITFIELD. Mr. Chairman, I plant owner, and it might even be ity MACT and the Cross-State Air claim the time in opposition. cheaper for the electricity users of that Transport Rule—will have a net effect The Acting CHAIR. The gentleman power plant; but the costs associated of a loss of 1.4 million jobs and will in- from Kentucky is recognized for 5 min- with the health, the safety, the envi- crease electric utility bills by 23 per- utes. ronmental impacts are simply off-load- cent.

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.003 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6422 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Now, at a time when our economy is I am committed to creating jobs and ignored or looked over, which is what so weak and when we’re trying to cre- seeing more goods produced right here I’m afraid will happen. ate jobs, we simply wanted to look at in America, a goal I am confident that At this point, I would like to yield 2 it more closely and give EPA a little every Member of this Chamber shares. minutes to my colleague from Oregon bit more time. That’s all that we’re The clean energy industry is poised to (Mr. BLUMENAUER). trying to do with our act, and that’s lead the way but only if we make the Mr. BLUMENAUER. I thank the gen- why we’re very much opposed to the right decisions. Policies that promote a tleman for yielding. Rush amendment. clean, healthy environment create new I want to emphasize what my friend I yield back the balance of my time. incentives for investments in clean en- from California just said. What the The Acting CHAIR. The question is ergy, creating thousands of jobs, sup- amendment does is to make sure that on the amendment offered by the gen- porting new industries, promoting ex- you add to the analysis the impact on tleman from Vermont (Mr. WELCH). ports, and benefiting public health. clean energy jobs and clean energy The question was taken; and the Act- My amendment simply ensures that companies. Why wouldn’t you want to ing Chair announced that the noes ap- we include the job-creating effects of make sure explicitly that that is a part peared to have it. environmental policies on the clean en- of the analysis? Mr. MCNERNEY. Mr. Chairman, I de- ergy sector in the reports provided by I invite you to come to Portland, Or- mand a recorded vote. this bill. I am confident that a fair, un- egon, where it is, I think, the wind en- The Acting CHAIR. Pursuant to biased assessment of environmental ergy capital. It’s making a lot of dif- clause 6 of rule XVIII, further pro- rules will show that they also create ference in our community and across ceedings on the amendment offered by good, family-wage, clean energy jobs. I America. Wind energy, for instance, is the gentleman from Vermont will be hope the majority will accept this the fastest growing in terms of in- postponed. amendment. stalled capacity, and costs are going AMENDMENT NO. 2 OFFERED BY MR. MCNERNEY I reserve the balance of my time. down. It is an area that makes a dif- The Acting CHAIR. It is now in order Mr. WHITFIELD. Mr. Chairman, I ference to the economy. What my col- to consider amendment No. 2 printed in rise in opposition to the amendment. league from California is urging is to House Report 112–213. The Acting CHAIR. The gentleman make sure that it’s a part of the study. Mr. MCNERNEY. Mr. Chairman, I from Kentucky is recognized for 5 min- It is unfortunate that we’re to this have an amendment at the desk. utes. point this morning anyway. We started The Acting CHAIR. The Clerk will Mr. WHITFIELD. While I have great this odyssey in 1990 with the Clean Air designate the amendment. respect for the gentleman from Cali- Act. After 8 years of study at EPA, the The text of the amendment is as fol- fornia, I would remind everyone that, conclusion was this is a real problem, lows: in his 2008 convention speech, Barack and the Clinton administration and the Page 6, line 22, strike ‘‘; and’’ and insert a Obama promised to create 5 million EPA started the rulemaking process. semicolon. green energy jobs, and those jobs have The Bush administration drug its feet Page 6, line 24, strike the period and insert not been created. ‘‘; and’’. until 2005 with an inadequate response Page 6, after line 24, insert the following I would also point out that renewable that was thrown out by the courts. Fi- new subparagraph: energy subsidies increased by 186 per- nally now, after 21 years, we’re starting (G) the effect on clean energy jobs and cent over the last 3 years: from $5.1 bil- to move forward with something that clean energy companies, including compa- lion to $14.7 billion. The wind industry, wouldn’t take effect until 2015. In the nies that export clean energy technology. for example, received a tenfold in- meantime, there would be many jobs The Acting CHAIR. Pursuant to crease: from $476 million to $4.986 bil- that would be available in construction House Resolution 406, the gentleman lion. Solar subsidies increased by more and in clean technology. from California (Mr. MCNERNEY) and a than a factor of 6: from $179 million to At least, at least, at least I hope Member opposed each will control 5 $1.134 billion. you’re not successful in stretching this minutes. Then we noted that, over at the De- out even further to delay the action; The Chair recognizes the gentleman partment of Energy, there are loan but at a minimum, you would think from California. guarantee programs. As this article in that you would want to have a full pic- Mr. MCNERNEY. Mr. Chairman, I The New York Times stated, they gave ture. Look at the people, like in my rise to offer a simple and straight- an example of one company that had community, who are producing product forward amendment to H.R. 2401. received $300 million to create green and making it available for export. My amendment will help make sure technology jobs. They ended up cre- Support this amendment. that the reports required by H.R. 2401 ating 150 jobs at a cost of $2 million per Mr. MCNERNEY. Mr. Chairman, may are fair—not skewed to support the job. Now, coal, nuclear, and natural gas I inquire as to how much time is re- majority’s favorite talking points. It’s still provide about 95, 96 percent of the maining? critical that the reports look at the electricity produced in America; but The Acting CHAIR. The gentleman beneficial consequences of environ- the reason we oppose this amendment from California has 45 seconds remain- mental protection, including the fact is that it also gives special treatment ing. that good environmental policies cre- to green energy. As illustrated by the Mr. MCNERNEY. I reserve the bal- ate jobs in the clean energy sector. increase in renewable subsidies avail- ance of my time. I reject the argument that the major- able to them, I think it’s quite obvious ity is making here today. Contrary to that government programs favor green b 0940 what we’ve heard members of the ma- energy right now. Mr. WHITFIELD. Does the gen- jority say over and over during today’s Our position is, with the three ba- tleman from California have the right debate, policies that protect our envi- sics—coal, nuclear, and natural gas— to close? ronment also create jobs. They create providing the base load to create the The Acting CHAIR. The gentleman good family-wage jobs. industrial growth of this country by from Kentucky has the right to close. Before I came to Congress, I spent providing low-cost electricity, we do Mr. WHITFIELD. Does the gen- my career as a clean energy engineer. I not need this amendment to instruct tleman from California have anything helped design windmills that over- this independent body to look at spe- else to say on the amendment? looked my congressional district in cifically the impact on green energy Mr. MCNERNEY. Thank you. California, and I’ve seen hundreds of exporting companies. So, for that rea- Basically I just want to emphasize I jobs created in the clean energy sector; son, I would oppose the amendment. have actually experienced job creation but to my great distress, I also I reserve the balance of my time. in the green energy sector. I have seen watched many of those jobs get shipped Mr. MCNERNEY. Mr. Chairman, I hundreds if not thousands of jobs cre- overseas to places like Germany be- don’t dispute the facts of my good ated. I want to make sure we count cause our country did not have the friend from Kentucky. Basically what those jobs. I don’t want this to be a right policies in place to support that I’m asking is that we make sure that whitewash or anything like that. It’s industry. these jobs are counted, that they’re not important that this analysis be open

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.012 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6423 and that it be fair and balanced, and eling coal into a furnace and then gasp- their businesses. These communities that’s all that we are asking on this ing for breath because of the smog that are the least able to afford increased side. was generated from manufacturing. unemployment, increased energy With that, I yield back the balance of Thank God for the 1990 Clean Air Act prices, and the illness that results from my time. amendments. unemployment and being unable to af- Mr. WHITFIELD. I would say to the We have seen tremendous health ben- ford fuel. gentleman, we all recognize the impor- efits over the years, thanks to the And I might say that when EPA does tance of green energy, but there isn’t work of the Environmental Protection their analysis, they never look at the one of these regulations that we are Agency, and not only the bureaucracy, effect of the health of the children of looking to for an analysis that has any but the courts that have made sure the the people working in the coal mines negative impact on green energy. In deadlines are enforced and not simply and the utility plants who lose their fact, every one of these regulations will thrown to the curb. According to a re- jobs, and there is an impact on it. help green energy. cent EPA study, we have substantial But I think this is a good amendment And, as I said, the government’s phi- and hard scientific proof that pro- that would help the analysis, and I losophy right now is to do everything tecting our Nation’s air quality from would like to tell the lady from Wis- possible for green energy, more sub- hazardous pollutants is a very substan- consin we would be happy to accept sidies, a study going on all of the time tial benefit. this amendment. on the impact on the jobs. For that In 2010, the reductions in fine particle Ms. MOORE. I’m sorry. You would be reason, we do not feel that this amend- and ozone pollution from the 1990 Clean happy to accept it, you say? ment is necessary and would ask the Air Act amendments prevented more Mr. WHITFIELD. Yes, ma’am. Members to oppose the amendment. than 160,000 cases of premature mor- Ms. MOORE. Well, I do thank the I yield back the balance of my time. tality, 130,000 heart attacks, 13 million gentleman for accepting this amend- The Acting CHAIR. The question is lost workdays, and 1.7 million asthma ment. on the amendment offered by the gen- attacks. I do repeat that the two parts that tleman from California (Mr. MCNER- We do know that the Clean Air Act this bill had formally included prior to NEY). regulations by the EPA especially your accepting my amendment would The question was taken; and the Act- helped low-income communities who have made it impossible for a State ing Chair announced that the noes ap- are often impacted by environmental that wanted clear air—they would find peared to have it. injustices and other vulnerable popu- themselves hopeless because it would Mr. MCNERNEY. Mr. Chairman, I de- lations. basically eviscerate their ability to mand a recorded vote. A recent 2-year-old study by the Uni- prevent pollution from crossing the The Acting CHAIR. Pursuant to versity of Massachusetts and the Uni- border. So I do appreciate the gen- clause 6 of rule XVIII, further pro- versity of Southern Carolina analyzed tleman accepting my amendment. ceedings on the amendment offered by 300 different metropolitan areas and With that, I yield back the balance of the gentleman from California will be ranked them based on how pollution af- my time. postponed. fects low-income and minority commu- Mr. WHITFIELD. I would just like to AMENDMENT NO. 3 OFFERED BY MS. MOORE nities. remind the gentlelady that the CAIR The Acting CHAIR. It is now in order This study cited that air pollution is Act is still in effect. As I read earlier, to consider amendment No. 3 printed in unevenly distributed within States as all the benefits are there that the EPA House Report 112–213. well as between them. A growing body said would be there, and it’s signifi- of research has demonstrated that peo- Ms. MOORE. Mr. Chair, I offer an cantly reduced NOX emissions, SOX amendment that is at the desk. ple of color and low-income commu- emissions. We’re not doing anything to The Acting CHAIR. The Clerk will nities often face the greatest environ- change that existing law. designate the amendment. mental hazards. And the area that I Thank you for making the amend- The text of the amendment is as fol- represent in the metro Milwaukee area ment. As I said, we feel like it will lows: came in in the top 10 cities in both really help on this study. Page 7, after line 10, insert the following cases. I yield back the balance of my time. new subparagraphs (and redesignate accord- I just would like to add my own per- The Acting CHAIR. The question is ingly): sonal experience to the body of this re- on the amendment offered by the gen- (E) low-income communities; search. tlewoman from Wisconsin (Ms. MOORE). (F) public health; Mr. Chair, I reserve the balance of The question was taken; and the Act- The Acting CHAIR. Pursuant to my time. ing Chair announced that the ayes ap- House Resolution 406, the gentlewoman Mr. WHITFIELD. I claim time in op- peared to have it. from Wisconsin (Ms. MOORE) and a position to the amendment. Ms. MOORE. Mr. Chair, I demand a Member opposed each will control 5 The Acting CHAIR. The gentleman recorded vote. minutes. from Kentucky is recognized for 5 min- The Acting CHAIR. Pursuant to The Chair recognizes the gentle- utes. clause 6 of rule XVIII, further pro- woman from Wisconsin. Mr. WHITFIELD. I would like to re- ceedings on the amendment offered by Ms. MOORE. I do thank you, Mr. mind everyone once again that the the gentlewoman from Wisconsin will Chair. TRAIN Act is applied to 14 regulations be postponed. My amendment would simply ensure coming out of EPA, and it’s seldom the low-income communities and the that Congress intervenes in these regu- b 0950 public health generally of all Ameri- lations. But there are so many of these, AMENDMENT NO. 4 OFFERED BY MRS. CAPPS cans are considered in the bill’s section and the cost of jobs and the cost of The Acting CHAIR. It is now in order on studies about the impact of this reg- buying the equipment and the lack of to consider amendment No. 4 printed in ulation. achievability of many of them to meet House Report 112–213. I offer this amendment, Mr. Chair, in the criteria is the reason we want to do Mrs. CAPPS. Mr. Chairman, I have hopes that we might have an honest de- this study. I would remind everyone we an amendment at the desk. bate, a debate that is inclusive of those do not delay in any way any of these The Acting CHAIR. The Clerk will most affected by the very policies that regulations except two of them. designate the amendment. my colleagues are attempting to tie up I would say to the gentlewoman from The text of the amendment is as fol- and, in two cases, outright prevent. Wisconsin that I agree with her. Many lows: Let me be frank with you, Mr. Chair. of the communities that would most I was born in 1951, and I grew up gasp- suffer high energy prices and unem- Page 7, after line 15, insert the following new paragraph: ing for breath most of my life. I grew ployment as a result of the EPA regu- (5) Estimates of the impacts of delaying up in an industrial city, a manufac- lations are those communities that the covered rules and covered actions on the turing city in Milwaukee, Wisconsin, rely on affordable, reliable, coal-fired incidence of birth and developmental defects and I had my first asthma attack shov- energy to light their homes and run and infant mortality.

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.018 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6424 CONGRESSIONAL RECORD — HOUSE September 23, 2011 The Acting CHAIR. Pursuant to different reasons, and it’s difficult to member, I put in the RECORD last night House Resolution 406, the gentlewoman set out a causal reason. the front page of the Chinese Daily from California (Mrs. CAPPS) and a I would say to the gentlelady from where they are moving ahead to reduce Member opposed each will control 5 California who we know is genuinely emissions. They are willing to incur minutes. concerned about these health issues the costs because of the health bene- The Chair recognizes the gentle- and has distinguished her career by fits, but it’s not enough for my friends woman from California. raising them frequently, the EPA did on the other side of the aisle to go Mrs. CAPPS. Thank you, Mr. Chair- extensive analysis of the health bene- ahead after 25 years. man, and I yield myself such time as I fits of all of these rules with the excep- I thank the gentlelady. may consume. tion of greenhouse gas. They didn’t do Mr. WHITFIELD. Does the gentle- You know, it’s clear that the goal of any study on anything there. So we lady from California have any time the TRAIN Act is not simply to study have a lot of information about the left? EPA standards. The goal of the major- health benefits. Mrs. CAPPS. May I ask how much ity is to block the efforts of EPA to cut As far as the mercury issue, I would time is left? The Acting CHAIR. The gentleman mercury and other toxic pollution from say to the gentlelady that the Utility from Kentucky has 21⁄2 minutes. The dirty power plants. That’s dangerous MACT, EPA itself said that this would gentlewoman from California has 1 and it’s misguided. reduce mercury by such a small minute. The research is clear, unless EPA en- amount that it would represent only Mr. WHITFIELD. I don’t have any forces these standards, there will be 0.004 percent of the total claimed bene- other speakers, so I reserve the balance more premature deaths, more heart fits of the rule, and the remaining of my time to close. and asthma attacks, more hospital and 99.996 percent would be due to particu- Mrs. CAPPS. I am happy to yield my emergency room visits. late matter reduction. 1 minute to my colleague from Florida, Up until recently, I thought I was And I would also remind the gentle- DEBBIE WASSERMAN SCHULTZ, a mother safe from this pollution. I don’t live lady that the Department of Energy of three young children. next door to a power plant; I live near and other groups have indicated that 99 Ms. WASSERMAN SCHULTZ. Mr. the coast of the Pacific Ocean. But I percent of mercury deposits in the U.S. Chair, I rise in strong support of the learned that you don’t need to live do not come from utility companies, amendment offered by my friend and near a dirty power plant to be exposed but they originate from nature and for- colleague, Congresswoman LOIS CAPPS, to its harmful effects. I received test eign industrial sources in which the and in opposition to the underlying results this summer showing that I wind brings them to the U.S. bill—the majority’s latest assault on have an unsafe level of mercury in my We believe that there’s adequate in- clean air and public health. I’d like to body. And I’m not alone. Tens of mil- formation on health benefits. Further- thank Congresswoman CAPPS and all of lions of American women of child-bear- more, the TRAIN Act does ask the my colleagues who’ve spoken in opposi- ing age, and their children, are at risk independent body to look at benefits— tion to this bill, which puts the health from mercury and other toxins that are it can be health, whatever—and cost. of all Americans—especially our chil- released into our air each and every For that reason, we would oppose the dren—at great risk. year. Every year, hundreds of thou- gentlelady’s amendment. This amendment simply requires rec- sands of babies are exposed to mercury. I reserve the balance of my time. ognition of the very real health con- Mercury exposure can cause learning Mrs. CAPPS. Mr. Chairman, I would sequences of air pollution. For exam- disabilities, developmental delays, and say to the gentleman, power plants are ple, curbing mercury pollution will other developmental problems. We owe the biggest industrial source of mer- protect children and mothers from tox- it to our children to clean up toxic cury pollution in the United States, ins that damage a developing brain. mercury pollution, and that’s why I’m and I believe that the remarks of the With this amendment, the required offering this amendment. chairman of the Energy Committee un- report must assess the effect on birth The amendment would simply re- derscore the very reason that we and developmental defects and infant quire that this committee designate should have the studies of the health mortality rates caused by the delay in the analysis of the true costs of includ- effects included in the study that is re- better clean air standards. What’s ing health effects in blocking EPA’s quested by the TRAIN Act. wrong with that? Who could be opposed lifesaving clean air safeguards. These I am pleased to yield 1 minute to my to that? costs are clear to mothers and grand- colleague from Oregon (Mr. BLU- For such a small additional effort, mothers across the Nation—brain dam- MENAUER), a champion of livable cities, this assessment would provide crucial age, developmental problems, infant to speak on this topic. information affecting the health of all deaths. Support my amendment. Mr. BLUMENAUER. I appreciate the American families. I reserve the balance of my time. gentlelady’s courtesy, and I appreciate As a mother of three young children, Mr. WHITFIELD. Mr. Chairman, I your offering this amendment. My whose health is among my absolute greatest concerns, I urge my colleagues rise in opposition to the amendment. friends on the other side of the aisle who are parents and grandparents to The Acting CHAIR. The gentleman can’t have it both ways. There has been take a moment and consider the im- from Kentucky is recognized for 5 min- a lot of study. For heaven’s sake, EPA utes. pacts of this bad bill. has already estimated cost of compli- Delaying EPA’s Mercury and Air Mr. WHITFIELD. All of us certainly ance, less than $1 billion, and the sav- Toxics Standards will have serious con- are concerned about impacts on chil- ings to Americans from lives saved, sequences on their children and grand- dren. One of the problems that we have health care costs avoided and days of children. Remember that we are their with this amendment is that when you work and school not missed between first line of defense in this world. try to determine specifically what $120 billion and $280 billion. This is a I urge my colleagues to join me in causes a birth defect, for example, part of the study effort that has been supporting this good amendment and there are lots of different reasons. going on for 20 years. opposing the underlying bill. Folic acid is a B vitamin. Taking folic We had hoped that on the 25th anni- Mr. WHITFIELD. I would remind ev- acid supplements before getting preg- versary of the Clean Air Act in 2015 we eryone just once again that we’re talk- nant and in early pregnancy lowers the would probably have full compliance. ing about 14 regulations. We’re not de- risk of having a baby with serious birth Yet we are quibbling here about things laying 12 of them in any way. We’re defects. Drinking alcohol increases the that EPA has been unable to monetize asking for further analysis of two of likelihood of serious birth defects. like a birth defect—but for Heaven’s them. For that reason, I would oppose Smoking. Women who are obese when sake, it’s serious—in addition to the the amendment. they get pregnant are at higher risk of hundreds of billions that they can mon- I yield back the balance of my time. having a baby with serious birth de- etize. The Acting CHAIR. The question is fects. Poor control of diabetes in preg- It is, I think, unfortunate that if this on the amendment offered by the gen- nant women increases the chance of approach is approved, it will enable the tlewoman from California (Mrs. having a birth defect. So there’s lots of Chinese to get ahead of us again. Re- CAPPS).

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.024 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6425 The question was taken; and the Act- fuel. Every dollar that’s taken out of Mr. RUSH. Thank you. ing Chair announced that the noes ap- the taxpayer pocket due to new regula- Even if this amendment passes to im- peared to have it. tion is a dollar that’s not going to re- prove the study of EPA rules, that will Mrs. CAPPS. Mr. Chairman, I de- fuel the American economy. not address the underlying problems mand a recorded vote. We need commonsense regulations, with this bill. Proponents of this bill The Acting CHAIR. Pursuant to and we need to know the impacts of imply that it simply requires EPA to clause 6 of rule XVIII, further pro- regulations on families and businesses study the cumulative impact of EPA ceedings on the amendment offered by before they go into effect. rules. That is false. What began as a the gentlewoman from California will This amendment is a commonsense bill to study EPA rules has morphed be postponed. approach to ensure Americans are get- into a bill to actually block the EPA AMENDMENT NO. 5 OFFERED BY MR. KINZINGER ting the cause-worthy benefits that we rules. In fact, the bill blocks and in- OF ILLINOIS need out of regulations. I urge my col- definitely delays two of the most im- The Acting CHAIR. It is now in order leagues to support the amendment. portant air pollution rules in decades. to consider amendment No. 5 printed in At this time it is my honor to yield First, the bill blocks EPA from final- 2 minutes to my distinguished col- House Report 112–213. izing a proposed rule to cut toxic air ONZALEZ), co- Mr. KINZINGER of Illinois. Mr. league from Texas (Mr. G pollution from power plants, which are author of the amendment. Chairman, I have an amendment at the Mr. GONZALEZ. Mr. Chairman, first the most egregious and the largest desk. of all, I extend my thanks to my col- source of toxic mercury pollution in The Acting CHAIR. The Clerk will league from Illinois for joining me in our Nation. Mercury is dangerous in designate the amendment. cosponsoring what I believe is a very small amounts, and mercury can dam- The text of the amendment is as fol- important amendment. age the developing brains of infants lows: We offered this amendment because and children. At the end of section 3(e)(2), add the fol- we have concerns with EPA’s intent to The proposed rule would prevent lowing: proceed with a tier 3 rulemaking which more than 90 percent of the mercury in (D) Any rule addressing fuels under title II would establish new fuel specification coal from being emitted into the air. of the Clean Air Act (42 U.S.C. 7521 et seq.) as standards without justifying it with The rule also would reduce fine par- described in the Unified Agenda of Federal ticle emissions by more than a quarter, Regulatory and Deregulatory Actions under the sufficient data that has already Regulatory Identification Number 2060-AQ86, been called to be conducted under a producing tremendous widespread or any substantially similar rule, including study in a previous bill. health benefits. any rule under section 211(v) of the Clean Air In 2007, Congress included a provision For each year this bill delays the Act (42 U.S.C. 7545(v)). in the Energy Independence and Secu- Mercury and Air Toxics Standards The Acting CHAIR. Pursuant to rity Act of 2007 that directed EPA to rule, it will allow up to an additional House Resolution 406, the gentleman study and implement fuel changes to 17,000 premature deaths, 120,000 cases of from Illinois (Mr. KINZINGER) and a negate any detrimental air quality im- asthma, and 850,000 days when people Member opposed each will control 5 pact resulting from the renewable fuel miss work due to illness. minutes. standard. EPA has not conducted this But that’s not all. The bill also The Chair recognizes the gentleman required study. blocks the EPA from implementing the from Illinois. I am concerned that EPA may be Cross-State Air Pollution Rule to re- moving too quickly with tier 3 regula- quire 27 States to reduce power plant b 1000 tions. EPA should complete the study emissions that pollute the air in down- Mr. KINZINGER of Illinois. I want to first and provide for adequate comment wind States. thank my colleague from Texas (Mr. and feedback from stakeholders before Each year of delay in implementing GONZALEZ) for coauthoring this amend- proceeding with the proposed rule. Any this rule will produce up to an addi- ment with me to H.R. 2401, the TRAIN proposed changes to gasoline sulfur tional 35,000 premature deaths, 400,000 Act. It’s an important bipartisan content and vapor pressure should be cases of asthma, and 1.8 million days amendment that hits directly on what backed by sound data. These reduc- when people will miss work or school Americans, particularly my constitu- tions must be justified because they due to illness. ents in Illinois, are facing every day, have real costs. I have concerns about The benefits of these rules far exceed the high cost of gasoline. the effects these new regulations could the costs. For the Cross-State Air Pol- Later this year, it’s expected that have on refiners. These costs could re- lution Rule alone, the pollution reduc- the EPA will promulgate rules on gaso- sult in decreased gasoline supplies and tions will yield annual health benefits line refiners mandating that they offer possible refinery closures, both of that outweigh the rule’s costs by up to sulfur levels and vapor pressure by 70 which could undermine our Nation’s 350 to 1. percent. This would be even further energy security. The bill still creates a new govern- below the already low levels mandated Our amendment simply adds any pro- ment bureaucracy to produce a study in 2004. posed tier 3 rulemaking to the list of of EPA rules, but this study is just a In 2004, the EPA’s tier 2 rules lowered regulations where EPA must conduct Trojan horse to disguise the true in- additional analyses, as outlined in sulfur and gasoline by 90 percent. The tent of this legislation: to block and TRAIN. This additional study will en- impacts of these new rules could force delay two important EPA rules to pro- sure that all of the costs and impacts refineries in the U.S. to slash their gas- tect public health from air pollution. are known before EPA proceeds with oline production by up to 14 percent, The bill that emerged from com- its proposal. leaving the United States even more I hope my colleagues in the House mittee already is a horrible, terrible dependent on foreign sources of oil. can support this straightforward bill. But it promises to get even worse, Our amendment would require the amendment. It simply calls on an agen- significantly worse, as my Republican EPA just to study the economic costs cy to simply do that which it was di- colleagues amend this horrible and hor- of these new fuel requirements. Before rected to do years ago before pro- rendous bill before us. delivering what could be a devastating ceeding and not to basically proceed Mr. WHITFIELD himself has offered blow to the customer and to our econ- before you have the vital information amendments that completely nullify omy, the EPA should first provide data on which to base some very important the two power plant rules and force to show lowering the sulfur content regulations. EPA to start all the way back to the will actually achieve cost-effective, Mr. KINZINGER of Illinois. Mr. beginning, to start from scratch—but real emissions reductions in air quality Chairman, I reserve the balance of my with new limits on what the agency and health and welfare benefits. time. can do to reduce pollution. According Americans are fed up with the vola- Mr. RUSH. I rise in opposition to the to the EPA administrator, these tility in the gasoline markets. While amendment. changes could prevent the EPA from we may not be able to control the price The Acting CHAIR. The gentleman ever reissuing these same rules, deny of oil on the global market, we can from Illinois is recognized for 5 min- them far into the future from ever re- control the cost of regulations on our utes. issuing these same rules.

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.027 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6426 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Mr. LATTA has offered an amendment MESSAGE FROM THE SENATE since 2008. There are 97 cement plants that strikes at the heart of the Clean A message from the Senate by Ms. in America producing today, and Air Act by requiring the EPA to Curtis, one of its clerks, announced there’s a presence in nearly every prioritize cost over public health when that the Senate has passed without State as well, I might add. Cement is setting national air quality standards. amendment a bill of the House of the an absolutely essential basic industry These standards form the foundation of following title. in American manufacturing. It plays a why we have been able to clean up air H.R. 2883. An act to amend part B of title major role in the development of our pollution, and Mr. LATTA wants to IV of the Social Security Act to extend the Nation’s infrastructure. throw it out the window. child and family services program through I think we need to better understand The Acting CHAIR. The time of the fiscal year 2016, and for other purposes. some of this background, too, regard- gentleman has expired. The SPEAKER pro tempore. The ing these NESHAP rules. Mr. RUSH. I urge my colleagues to Committee will resume its sitting. NESHAP, of course, amends EPA’s oppose this bill. maximum achievable control tech- f Mr. KINZINGER of Illinois. Mr. nology, or MACT, and performance Chairman, can I inquire as to how TRANSPARENCY IN REGULATORY standards for cement kilns. And this is much time I have remaining? ANALYSIS OF IMPACTS ON THE utilizing an unrealistic pollutant-by- The Acting CHAIR. The gentleman NATION ACT OF 2011 pollutant approach for application of has 1 minute. The Committee resumed its sitting. MACT. MACT requirements are de- Mr. KINZINGER of Illinois. I yield AMENDMENT NO. 6 OFFERED BY MR. DENT signed to direct industries toward the the balance of my time to my good The Acting CHAIR. It is now in order pollution control technology used by friend from Texas (Mr. GREEN). to consider amendment No. 6 printed in the best performers in a certain indus- Mr. GENE GREEN of Texas. I thank House Report 112–213. try sector. It cobbles together a range my colleague from Illinois for yielding Mr. DENT. I have an amendment at of different performance characteris- to me. the desk. tics applicable to different pollutants The EPA is currently developing a The Acting CHAIR. The Clerk will without determining if it is feasible or tier 3 rulemaking that would further designate the amendment. even possible for any one kiln to com- reduce sulfur levels in gasoline to an The text of the amendment is as fol- ply with all of these standards. average of 10 parts per million, a 70 lows: The truth is there is not a single ce- percent change from today’s already Page 9, after line 20, insert the following: ment manufacturing plant in America low standards, while reducing the gaso- (I) ‘‘National Emission Standards for Haz- that can comply with all of these line volatility. ardous Air Pollutants from the Portland Ce- standards simultaneously. The chem- ment Manufacturing Industry and Standards ical composition, too, of key cement of Performance for Portland Cement inputs, such as limestone, vary from b 1010 Plants’’, published at 75 Fed. Reg. 54970 (Sep- region to region. Consequently, The EPA is expected to issue a pro- tember 9, 2010). NESHAP will have disproportionate posed rule by the end of this year. The The Acting CHAIR. Pursuant to impacts on different manufacturing lo- problem we have is that in the Energy House Resolution 406, the gentleman cations across the country simply Independence and Security Act of 2007, from Pennsylvania (Mr. DENT) and a based on the type of limestone being section 209 required the EPA to con- Member opposed each will control 5 used in the process of manufacturing duct a study 18 months after the enact- minutes. cement. ment to determine whether the renew- The Chair recognizes the gentleman We should talk, too, about the im- able fuels required by the section from Pennsylvania. pacts on the domestic cement industry: would adversely impact air quality and Mr. DENT. Thank you, Mr. Chair- $2.2 billion worth of compliance costs, not later than 3 years after that enact- man. and that’s an EPA estimate; $3.4 billion ment. The problem is EPA has not fin- This amendment simply adds the Na- in compliance costs, and that’s the in- ished that study we require them to tional Emission Standards for Haz- dustry estimate. So there’s a lot of conduct even before these new regula- ardous Air Pollutants, NESHAP or Ce- cost here. We’re in the billions. tions. Now they’re moving forward ment MACT, to the covered rules with- There are numerous plants. There are with a rule with a half-baked study, in H.R. 2401. Reasonable efforts to limit estimates that from 12 to 18 of these and that’s why I support this amend- the emissions of hazardous pollutants plants across the country may be idle ment to the TRAIN Act, Mr. Chairman. by cement manufacturing facilities are or permanently shut down. And these This is not a delay amendment. This is most certainly appropriate, but EPA are massive facilities with tremendous just to make sure we don’t get the cart has failed to craft effective and effi- capital investment. And we believe in front of the horse, and we need to cient regulations. that the national price for Portland ce- have that study finished before the These NESHAP standards will be ment may increase by 5.4 percent. Do- EPA moves forward with that sulfur very, very difficult and extremely cost- mestic production will fall by 11 per- criteria. ly for domestic cement manufacturers cent. Thousands of high-quality jobs That’s why I support my colleague to meet, severely jeopardizing the abil- could or would be lost. from Illinois’ and my colleague from ity of an essential American basic in- One major domestic cement producer Texas’ amendment, and I encourage my dustry to remain competitive with for- has already publicly announced that, colleagues to support it. eign importers. Including NESHAP and due to other regulatory uncertainties The Acting CHAIR. The question is H.R. 2401 will allow the loss of Amer- of this NESHAP and other pending reg- on the amendment offered by the gen- ican jobs and the weakening of domes- ulations, it is halting construction of a tleman from Illinois (Mr. KINZINGER). tic manufacturers’ global competitive- new state-of-the-art cement kiln, sus- The question was taken; and the Act- ness to become key considerations dur- pending over $350 million in new in- ing Chair announced that the ayes ap- ing the completion of the rulemaking vestment and the creation of over 1,500 peared to have it. process. construction jobs. Mr. RUSH. Mr. Chairman, I demand a We must understand the impacts of With respect to global emissions, recorded vote. these rules on jobs and our manufac- what will this mean? The reduction of The Acting CHAIR. Pursuant to turing competitiveness. Here now are domestic production of cement will clause 6 of rule XVIII, further pro- some simple, basic facts about the naturally lead to an increase in our Na- ceedings on the amendment offered by American cement industry, and I rep- tion’s reliance on foreign cement. And the gentleman from Illinois will be resent the largest cement-producing I can assure you those foreign pro- postponed. district in America. I’m cochair of the ducers are not going to be complying The Committee will rise informally. Cement Caucus along with cosponsor with the NESHAP rules. So this is The SPEAKER pro tempore (Mr. MIKE ROSS of Arkansas. This industry going to shift overseas production and KINZINGER of Illinois) assumed the employs about 13,000 Americans. Four will likely increase global greenhouse chair. thousand of those jobs have been lost emissions in two ways:

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.030 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6427 First, transporting cement to the b 1020 The text of the amendment is as fol- U.S. from international markets will Groups representing millions of indi- lows: require tremendous amounts of fossil vidual Americans who believe in pro- Page 10, after line 12, insert the following fuels, substantially increasing the tecting our environment strongly op- new subsection (and redesignate accord- amount of carbon emitted per unit of pose this bill and other efforts to weak- ingly): (f) EXCLUSION FROM REVIEW.—Notwith- cement used; and en clean air protections. These groups Second, foreign suppliers will be standing subsection (e), the Committee may include the League of Conservative not include in the analyses conducted under manufacturing in countries with little Voters, the Sierra Club, National Re- section 3 consideration of any rule or guide- or no environmental protections. sources Defense Council, Environment line promulgated in compliance with Execu- So it’s critically important that EPA America, the National Audubon Soci- tive Order 12866 (58 Fed. Reg. 51735, relating produce realistic and achievable regu- ety, the Environmental Defense Fund, to regulatory planning and review) or the lations. Including NESHAP in H.R. 2401 and the Union of Concerned Scientists. National Environmental Policy Act of 1969 will help EPA take into account the They stated in a letter to Congress (42 U.S.C. 4321 et seq.). economic impact of its flawed regula- that ‘‘sacrificing tens of thousands of Beginning on page 11, line 17, strike sec- tion 5 (and redesignate accordingly). tions, and a more thorough economic American lives will not create more analysis will lead to a better final rule. jobs. Poisoning the air our children and The Acting CHAIR. Pursuant to Finally, I wanted to say one thing. our families breathe will not stimulate House Resolution 406, the gentleman The Federal stimulus law is actually the economy.’’ from Florida (Mr. HASTINGS) and a helping to finance the construction of a Three hundred sportsmen’s organiza- Member opposed each will control 5 cement importation terminal in Staten tions representing our Nation’s hunt- minutes. Island, New York City, designed to dis- ers, anglers, and the businesses that The Chair recognizes the gentleman place many cement workers in my dis- depend on our wildlife and natural re- from Florida. Mr. HASTINGS of Florida. Mr. Chair- trict and all across the northeastern sources support the EPA’s effort to cut man, H.R. 2401 is a toxic bill that at- United States, using Federal money to mercury pollution, and I quote them tempts to dismantle any government create a handful of jobs while dis- with these words. They said: ‘‘Strongly regulation to protect our Nation’s pub- placing many in basic industry and oppose any effort to weaken the Clean lic health and environment. manufacturing. That’s got to stop. Air Act.’’ To set the stage for my brief re- Pass this amendment, and then pass The Evangelical Environment Net- marks, let me cite to the American the underlying bill. work has been running radio ads ex- pressing their opposition to efforts to public Executive Order 12866, which I reserve the balance of my time. block the Mercury and Air Toxics rule. says: ‘‘Each agency shall assess both The Acting CHAIR. The time of the Mercury can damage the developing the costs and the benefits of the in- gentleman from Pennsylvania has ex- brain of fetuses and children, causing tended regulation, and recognizing that pired. learning disabilities and neurological some costs and benefits are difficult to Mr. RUSH. I claim time in opposition problems. The president of this group quantify, propose or adopt a regulation for purposes of debate. stated: ‘‘We believe that mercury offers only upon a reasoned determination The ACTING Chair. The gentleman a significant potential for hindering that the benefits of the intended regu- from Illinois is recognized for 5 min- our children from developing a pure lation justify its cause.’’ utes. and wonderful life.’’ Now, we’ve been operating under that Mr. RUSH. Thank you. The Obama administration strongly particular provision for a substantial Many organizations are on record op- opposes the TRAIN Act. The adminis- period of time. And quite frankly, Con- posing the TRAIN Act or opposing ef- tration plans to veto this legislation if gress’ decisions with reference to the forts to block rules to reduce pollution it ever reaches the President’s desk, as Clean Air Act, signed by President from the country’s dirtiest power the bill would undermine decades of Richard Nixon in 1970, came about as a plants. progress in cleaning up the Nation’s air result of continuing arguments from Numerous public health groups, in- quality by—and this is a quote from industry that cleaning up air pollution cluding the American Lung Associa- the Obama administration—‘‘blocking was too expensive or not feasible. tion, the American Public Health Asso- EPA’s ability to move forward with This bill forbids the Environmental ciation, the American Thoracic Soci- two long-overdue Clean Air Act rules.’’ Protection Agency from finalizing both ety, Physicians for Social Responsi- Americans don’t support weakening the Mercury and Air Toxics Standards bility, and Asthma and Allergy Foun- the Clean Air Act or blocking efforts to rule and, importantly, the Cross-State dation of America all sent a letter to reduce dangerous air pollution from Air Pollution rule requiring coal-fired Congress expressing their support for power plants. The widespread opposi- power plants without modern pollution full implementation of the Clean Air tion to the TRAIN Act makes that per- controls to install controls, to reduce Act and opposing ‘‘all efforts to weak- fectly clear. emissions of mercury and other toxic en, delay, or block progress toward the Mr. Chairman, I urge my colleagues air pollutants, fine particulates, and continuing implementation of this to oppose this horrendous bill. the pollutants that cause smog and vital law.’’ I yield back the balance of my time. acid rain. The Acting CHAIR. The question is The American Public Health Associa- In the Rules Committee, I spoke on the amendment offered by the gen- tion stated that it opposes the TRAIN about being in Lavigny in Poland and tleman from Pennsylvania (Mr. DENT). Act because it is ‘‘ill-conceived legisla- The question was taken; and the Act- watching the pollution that was de- tion that would prevent EPA from pro- ing Chair announced that the ayes ap- stroying the Black Forest in another tecting the public’s health from dan- peared to have it. country, in Germany. We’ve had that gerous and deadly air pollution.’’ Mr. RUSH. I demand a recorded vote. take place in our States, where one The National Association of Clean The Acting CHAIR. Pursuant to State is offering emissions that come Air Agencies opposes this bill as well. clause 6 of rule XVIII, further pro- down on another State’s population, NACAA sent a letter expressing its ceedings on the amendment offered by and therefore the Cross-State Air Pol- concern that the TRAIN Act would the gentleman from Pennsylvania will lution rule said that coal-fired plants ‘‘create regulatory delays that could be postponed. should install modern pollution con- lead to thousands of premature deaths, AMENDMENT NO. 7 OFFERED BY MR. HASTINGS trols. And guess what? Sixty percent of remove important regulatory tools OF FLORIDA them, including one of the largest pro- upon which States and localities de- The Acting CHAIR. It is now in order ducers of electricity in this country— pend, impose additional costs on gov- to consider amendment No. 7 printed in Exelon in Illinois—do favor these same ernment as well as small businesses, House Report 112–213. rules that are being sought to be de- create regulatory uncertainty, cause Mr. HASTINGS of Florida. Mr. Chair- layed. And they favor them for the rea- job losses and defund an important and man, I have an amendment at the desk. son that, among other things, it has cost-effective air pollution control pro- The Acting CHAIR. The Clerk will produced jobs and it has cured the gram.’’ designate the amendment. problems that have been pointed out by

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.033 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6428 CONGRESSIONAL RECORD — HOUSE September 23, 2011 the American Lung Association and ties would have to spend to buy equip- Member opposed each will control 5 countless other organizations that ment that may not be able to even minutes. favor the Clean Air Act and are op- then achieve the standards because the The Chair recognizes the gentleman posed to delaying further two particu- technology is not available. from Virginia. larly important measures that would The issue is not about mercury. The Mr. CONNOLLY of Virginia. Mr. allow for pollution to continue to be utilities do a great job of cleaning up Chairman, Deutsche Bank, the biggest cleaned up. mercury. EPA itself said that its Util- bank in Europe, recently issued a re- Port Everglades in Florida, right out- ity MACT would only benefit—the ben- port on global clean energy investment side my constituency, for all of the efit of the Utility MACT would be only opportunities in which it stated, years that I have lived there—and that .004 percent attributable to mercury ‘‘Countries with more TLC, trans- nears 50—this coal-powered plant has because 99 percent of mercury in Amer- parency, longevity, and certainty, in been producing emissions. Over the ica comes from nature and from out- their climate policy frameworks will course of time, they have reduced those side other countries that the trade attract more investment and build new emissions. And Florida Power & Light winds bring in to our country. So utili- clean industries, technologies, and jobs recently indicated that they’re going ties don’t object to the mercury part of faster than their policy-lagging coun- to do everything that they can to meet this. terparts.’’ the emissions standards rather than sit But they’re now adding hydrogen flu- The TRAIN Act is one more step in up and try and oppose them because oride and hydrogen chloride, of which the wrong direction by the same Re- they recognize, one, that they do have there is no technology available to publican House which has held over 110 all of the juice—if you can call elec- achieve the standard that EPA is set- anti-environmental votes. This unprec- tricity that. ting. edented assault on the environment And in the final analysis, those of us So because of the cost, because of the has devastating consequences for our that benefit from it are going to wind unique vulnerability of our economy economy. As the Deutsche Bank report up paying more. But to pay more to today, 12 of these regulations we don’t said, ‘‘Germany and China have make sure that children don’t have delay at all. We just say, let’s study emerged as global leaders in low car- asthma and to make sure that people the cumulative impact, which the bon technologies and investment. The don’t have lung pollution and to make President asked for in his Executive net effect is that while Congress stum- sure that lakes don’t go dead from mer- order that he issued recently. He said bles, the U.S. stands to fall behind.’’ cury or that fish don’t have in them we need to look at the cumulative im- This investor report, from Europe’s more mercury than they rightly should pact. That’s what we’re trying to do. largest bank, identified several policy for food consumption, then I’m willing This amendment would basically say, failures that are impeding job growth to pay more; and I believe most Ameri- you don’t look at the cumulative im- here at home. First, Congress has not cans are as well in order that we will pact, you just take the existing studies established a carbon reduction target, have clean air. that have been made. I would also say or required polluters to pay for the I ask for support of my amendment. that EPA didn’t even do any study on cost of greenhouse gas pollution. Con- The Acting CHAIR. The time of the the greenhouse gas, which we’re only gress does not have a national renew- gentleman has expired. trying to analyze the full cost of that. able standard or even an energy effi- Mr. WHITFIELD. Mr. Chairman, I For those reasons, I would respect- cient standard. The Deutsche Bank re- rise in opposition to the amendment. fully oppose the gentleman’s amend- port notes that the lack of these regu- The Acting CHAIR. The gentleman ment. lations and incentives has actually from Kentucky is recognized for 5 min- I yield back the balance of my time. forced investors to make investments utes. The Acting CHAIR. The question is elsewhere, including in China and other Mr. WHITFIELD. I have great admi- on the amendment offered by the gen- countries, rather than here at home in ration for the gentleman from Florida, tleman from Florida (Mr. HASTINGS). America. As a result, we have lost who is always eloquent in his remarks. The question was taken; and the Act- solar and other advanced technology ing Chair announced that the noes ap- market share to our competitors. b 1030 peared to have it. My simple amendment to the TRAIN He started off his support of his Mr. HASTINGS of Florida. Mr. Chair- Act establishes a simple process to amendment by saying that we are try- man, I demand a recorded vote. identify ‘‘policies that should be adopt- ing to dismantle any regulation. I The Acting CHAIR. Pursuant to ed and implemented by the United would like to remind everyone, once clause 6 of rule XVIII, further pro- States to provide domestic job growth, again, that this bill applies to 14 EPA ceedings on the amendment offered by and to ensure that our Nation is inter- regulations and we do not delay in any the gentleman from Florida will be nationally competitive in the $5 tril- way 12 of them. And on the other two, postponed. lion global energy industry for clean we delay one of them, both of them, 6 AMENDMENT NO. 8 OFFERED BY MR. CONNOLLY energy technology, development, and months after the final report is due. OF VIRGINIA manufacturing.’’ Business leaders have Now, he had mentioned that Exelon The Acting CHAIR. It is now in order urged Congress to adopt both a regu- supported the new EPA regulations. to consider amendment No. 8 printed in latory framework and a system of in- Exelon is a company that we all admire House Report 112–213. centives to spur clean energy job cre- and respect, but it’s a nuclear energy Mr. CONNOLLY of Virginia. Mr. ation. In addition to the regulation the company, so there’s nothing in these Chairman, I have an amendment at the Deutsche Bank identified as supporting regulations that has any impact on desk. investment, American entrepreneurs them, as far as I know. But all of these The Acting CHAIR. The Clerk will have called on Congress to expand pub- regulations are trying to drive the coal designate the amendment. lic financing for clean energy. industry out of business, that still pro- The text of the amendment is as fol- This month members of the Amer- vides 50 percent of all the electricity in lows: ican Energy Innovation Council visited America. Page 10, after line 24, insert the following: Capitol Hill to express their strong Now, in the TRAIN Act, we simply (g) ADDITIONAL ANALYSES.—The Committee support for just that concept. This ask this independent government agen- shall conduct or commission studies to iden- group included venture capitalist John tify pollution control policies that should be cy, composed of Obama administration adopted and implemented by the United Doerr, former Lockheed Martin CEO appointees, to examine the cumulative States to provide domestic job growth and Norm Augustine, and Bill Gates of impact of all of these rules, because ensure that the Nation is internationally Microsoft. The American Energy Inno- EPA has never been quite this aggres- competitive in the $5 trillion global energy vation Council recently issued a report sive. And I might add that the two industry for clean energy technology devel- which stated, ‘‘As business leaders, we rules that we asked to delay for further opment and manufacturing. feel that America’s current energy sys- analysis, an independent research The Acting CHAIR. Pursuant to tem is deficient in ways that cause se- group said that the annualized cost House Resolution 406, the gentleman rious harm to our economy, our na- would be almost $18 billion that utili- from Virginia (Mr. CONNOLLY) and a tional security, and our environment.

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.037 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6429 To correct these deficiencies, we must I would be happy to yield to the gen- ceedings on the amendment offered by make a serious commitment to mod- tleman. the gentleman from Virginia will be ernizing our energy system with clean- Mr. CONNOLLY of Virginia. I thank postponed. er and more efficient technologies.’’ the gentleman for yielding. AMENDMENT NO. 9 OFFERED BY MS. JACKSON This Republican House is an anchor I would inquire as to what would be LEE OF TEXAS that’s dragging down the American the comparable number for oil and gas The Acting CHAIR. It is now in order economy. It’s continued obsession with and coal in the United States. You talk to consider amendment No. 9 printed in austerity and opposition to any eco- about the growth trend; but in absolute House Report 112–213. nomic recovery programs, including numbers, is it not true that actually Ms. JACKSON LEE of Texas. Mr. clean energy, mean that America falls the fossil fuels industry gets $70 billion Chairman, I have an amendment at the behind while China surges ahead. We a year? desk. cannot afford to let China and Ger- Mr. WHITFIELD. The direct expendi- The Acting CHAIR. The Clerk will many dominate industries such as ture for coal was $42 million last year, designate the amendment. clean technology. and for wind it was $3.556 billion. The text of the amendment is as fol- My simple amendment will establish I will tell you that oil and gas and lows: a process to start restoring American coal are willing to give up all of their Page 11, line 10, strike ‘‘90’’ and insert leadership in this important sector for subsidies if green energy wants to give ‘‘120’’. economic growth. Rather than repeal- up their subsidies, because they’re get- The Acting CHAIR. Pursuant to ing commonsense public health stand- ting a lot more than anyone else. House Resolution 406, the gentlewoman At this point, I reserve the balance of ards, we ought to be focused on meas- from Texas (Ms. JACKSON LEE) and a ures like my amendment, which sup- my time. Member opposed each will control 5 Mr. CONNOLLY of Virginia. I would port high-tech job growth. minutes. I ask my colleagues to vote for this inquire of the Chair how much time is The Chair recognizes the gentle- amendment, and I reserve the balance left on this side. woman from Texas. of my time. The Acting CHAIR. The gentleman Ms. JACKSON LEE of Texas. I rise Mr. WHITFIELD. Mr. Chairman, I from Virginia has 1 minute remaining. today to support my amendment. I call Mr. CONNOLLY of Virginia. To con- rise in opposition to the amendment. my amendment ‘‘Can We All Get clude on this matter, I have enormous The Acting CHAIR. The gentleman Along?’’ It is an amendment simply to respect for my colleague on the other from Kentucky is recognized for 5 min- ask that all of those who are impacted side; but to oppose a simple study to utes. by this proposed legislation have an ex- Mr. WHITFIELD. While I have great require that we look at the benefits of panded time to be able to present their regard for the gentleman from Vir- clean energy technology, I find that views. ginia, I must rise to oppose this amend- very troubling. That resistance, sadly, It is a ‘‘can we all get along?’’-type ment. is going to impede American growth amendment because it is important to In his 2008 convention speech, Barack and competitiveness and is actually note again that those of us who come Obama promised to create 5 million going to cost us jobs. from different States, whether it’s Illi- green energy jobs. An article in The There is no question that in the coal nois or Texas, recognize that the Envi- New York Times headlines, ‘‘Where the industry, in particular, we’ve kind of ronmental Protection Agency and the Jobs Aren’t,’’ talks about all the gov- reached a plateau. In fact, in Ken- Clean Air Act were formulated under a ernment money that’s being spent to tucky, we’ve lost a lot of jobs relative bipartisan Congress and were signed, as subsidize green energy today. They to, say, 30 years ago; whereas, as my my colleague reminded us, by Presi- gave an example of one government colleague from Massachusetts pointed dent Richard Nixon. Republicans and program that provided $300 million to a out last night, in wind energy, just in Democrats voted for the Clean Air Act company. They created 150 jobs at the last 4 years, we’re up to 80,000 jobs. and for the Environmental Protection what turned out to be a cost of $2 mil- It’s a fast-growing, lucrative part of Agency’s jurisdiction. our economy. It’s clean, and it actually lion for every job. It’s important to note that there is concretely helps create jobs. b 1040 not only a value in what the EPA does That’s a worthwhile thing to study if but that there are organizations, such The reason that solar and wind are not to invest in, and I regret the fact as the American Lung Association, the not taking off is they are too expensive that the manager on the other side American Thoracic Society, the Physi- and too inefficient. Having said that, I finds even a study something to be re- cians for Social Responsibility, the recognize that they have a part in our sisted. economy and that they have a part in I yield back the balance of my time. American Public Health Association, producing electricity, but they can Mr. WHITFIELD. Once again, I op- and the Asthma and Allergy Founda- never be the base load. That cannot be pose the amendment. tion of America, which need their input attained. We cannot provide enough Green energy is getting every benefit and are concerned about this legisla- electricity without coal, nuclear, and possible from this administration— tion. natural gas. money, studies, and in every other So my concern as we move forward Now, this amendment gives special way. It will never be able to meet the on the transparency and regulatory attention to the green energy field. I base load of our electricity needs. analysis of impact is how much time would remind everyone, once again, Therefore, unless we can continue to has been given for the public comment. that renewable energy subsidies in- have low-cost electricity, we’re not My State, in fact, has been impacted creased over the last 3 years by 186 per- going to compete in the global market- for the lack thereof of public comment. cent: from $5 billion to $14 billion. Re- place, and we’re going to continue to I believe that there are civilians who newables saw, by far, the largest in- lose jobs. The EPA is making direct at- are not businesses who should be pro- crease in Federal benefits. Wind alone tacks against an industry. For that tected and given the opportunity to received a tenfold increase in subsidies: reason, I respectfully oppose the have input. from $476 million to almost $5 billion. amendment. For example, it’s important to note Solar increased by a factor of 6: from I yield back the balance of my time. that the Mercury and Air Toxics $179 million to $1.2 billion. The Acting CHAIR. The question is Standards rule, which I don’t think my Mr. CONNOLLY of Virginia. Will the on the amendment offered by the gen- colleagues can in any way dissuade me gentleman yield for a question? tleman from Virginia (Mr. CONNOLLY). from believing, has been the basis of Mr. WHITFIELD. Let me just finish The question was taken; and the Act- preventing 17,000 premature deaths, this one sentence. ing Chair announced that the noes ap- 11,000 heart attacks, 120,000 cases of ag- So these strategies can’t work with- peared to have it. gravated asthma, 12,000 hospital and out government support. I don’t object Mr. CONNOLLY of Virginia. Mr. emergency room visits, 11,000 cases of to government supporting them, but Chairman, I demand a recorded vote. bronchitis, and 850,000 missed days. they do not need to get even more spe- The Acting CHAIR. Pursuant to The idea of putting a superlayer over cial privileges from this amendment. clause 6 of rule XVIII, further pro- the already existing regulatory

VerDate Mar 15 2010 01:48 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.040 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6430 CONGRESSIONAL RECORD — HOUSE September 23, 2011 scheme, to me, sounds like we are ad- that I thank him for accepting the Medicare and social security at a time when hering to the supercommittee concept, amendment, and I conclude my re- so many of our constituents are dependent which many of us, by way of absolute marks by saying that my asking for a upon those resources to cover health costs necessity, voted on during the debt roll call vote is not in any way a reflec- and living expenses. ceiling debate; but we realize that the tion of my lack of acceptance, but I am The TRAIN Act, which I could easily con- responsibility of the purse strings is in just so gratified for this timeframe sider a bill like a steam train and it steams the United States House of Representa- that I hope that the gentleman will en- right through the power of the EPA to regulate tives. Well, the law has given authority courage those to support the amend- clean air, requires that the committee publicly to the EPA and to the Clean Air Act as ment. publish its initial findings and then provide the its authorizing aspect to be able to Therefore, let me say to the gen- public with 90 days to comment. If this flawed control and balance. tleman—I finish on this note—there is bill is going to pass at least my amendment is I believe we should create jobs; but some thought that we are putting in an attempt to take into account the number of the question becomes whether or not another regulatory scheme, but I think interested parties who may wish to give their the TRAIN Act, in the format of adding the important point from my perspec- input and extends the public comment period another layer of review, actually does tive is that there was value when Rich- from 90 days to 120 days. I have offered this that—or does it create another level of ard Nixon signed the bill on how do we amendment to ensure that everyone who bureaucracy that we neither want nor find a way to make this work so that wishes to comment will have ample oppor- need? At a time when these regulations we save lives and we create jobs. tunity to do so. will both decrease health costs and can I think my amendment provides the My home state of Texas was not initially in- create thousands of jobs, why would opportunity for that kind of input, and cluded in the Cross State Air Pollution Rule. my colleagues propose a bill that would I thank the gentleman. When my state was added, there was no time only slow job growth? Mr. Chair, I rise today in support of my provided for public input, a courtesy that was It has been 260 days. I think we amendment #4 to H.R. 2401, ‘‘The Trans- extended to the other 6 states included in the should, as I started out, get along, try parency in Regulatory Analysis of Impacts on Cross State Air Pollution Rule. Stakeholders to create jobs, recognize the value of the Nation Act,’’ which extends the public throughout Texas were afforded no oppor- the EPA, find a way to be able to re- comment period from 90 days to 120 days. tunity to discuss the impact of including Texas solve the present conflict on the Cross- The Transparency in Regulatory Analysis of at the last minute. Had there been opportunity State Air Pollution Rule but not elimi- Impacts on the Nation (TRAIN) Act establishes for public comment, the EPA and stakeholders nate the authority and the oversight of a committee to conduct studies and review the would have been able to work together to- the Environmental Protection Agency. Environmental Protection Agency (EPA) regu- wards a consensus. What I would say to my colleagues is lations based upon the Mercury and Air Toxics The proposed regulations have different im- that the EPA has protected all of our Standard Rule (MATS) and the Cross State pacts on different stakeholders, and it is ex- constituents. Therefore, I think it’s Air Pollution (CSAP) Rule promulgated. This tremely important that everyone’s point of view important to pass this amendment be- committee is composed of Administration offi- is considered. An open dialogue that encour- cause it’s about constituents. It’s cials from different federal agencies and under ages frank and productive communication can about constituents no matter what side H.R. 2401 will analyze the effect of the regula- foster compromise. of the aisle they’re on. This is an tions on the economy, U.S. competitiveness in As the Representative for Houston, the amendment that moves the public the global market, employment, and energy country’s energy capital, I am committed to comment from 90 days to 120 days. production and cost. In effect this is creating creating an environment in which the energy There may have been some who wanted more regulations and more bureaucracy at industry and regulating agencies can work to- to comment who cannot comment be- time when Republicans are calling for all of us gether. cause they did not have the amount of to tighten our belts. So now before us is a For more than 40 years the EPA has been time. Super Committee for the Budget and again we charged with protecting our environment. So I would ask my colleagues to sup- are going to have a Super Committee for There has been a consistent theme of chip- port this ‘‘can we all get along?’’ Clean Air. We already have an agency ping away at the ability of the EPA to protect amendment. charged with protecting our air. The Environ- our air. We have to consider the long term I reserve the balance of my time. mental Protection Agency (EPA) has been up costs to public health if we fail to establish Mr. WHITFIELD. I claim time in op- to the task for 40 years. According to the EPA, reasonable measures for clean air. position to the amendment. the pollution reductions required by the rule Outdoor air pollution is caused by small par- The Acting CHAIR. The gentleman they have proposed will yield health benefits ticles and ground level ozone that comes from from Kentucky is recognized for 5 min- of $120 to $280 billion per year, which is 150 car exhaust, smoke, road dust and factory utes. to 350 times the cost. I have always been a emissions. Outdoor air quality is also affected Mr. WHITFIELD. First, I would like stalwart for a firm balance between the needs by pollen from plants, crops and weeds. Par- to say to the gentlelady from Texas, of the energy industry and our environment. ticle pollution can be high any time of year who does such a great job on all of But then there is just plain common sense. and are higher near busy roads and where these issues, that we do not intend in The TRAIN Act goes overboard. It is a ex- people burn wood. any way to remove any of the author- treme response that does not add value to en- When we inhale outdoor pollutants and pol- ity of the EPA to regulate the Cross- suring Clean Air. len this can aggravate our lungs, and can lead State Transport Rules. As a matter of The argument proposed by some of my col- us to developing the following conditions; fact, of the 14 rules that we’re exam- leagues has been that this will cost jobs. Im- chest pain, coughing, digestive problems, diz- ining that EPA has issued, 12 of them plementing regulations will create jobs. Old ziness, fever, lethargy, sneezing, shortness of we do not delay in any way. On the Air power plants and other utilities will have to breath, throat irritation and watery eyes. Out- Transport Rule, we simply go back to hire workers in order to fulfill the requirements door air pollution and pollen may also worsen the original Air Transport Rule of of the regulation. The EPA has determined chronic respiratory diseases, such as asthma. which EPA talked about all of the mar- that this will not be overly burdensome to the There are serious costs to our long term velous benefits. The EPA defended it in industry. We as a body must ensure that the health. The EPA has promulgated rules and court. The environmental groups sup- regulations issued by the EPA will not destroy the public should be allowed to weigh in to de- ported it: 67 and 53 percent reductions any industry but at the same token TRAIN is termine if these rules are effective. too extreme. It creates the very bureaucracy The purpose of having so many checks and in SO2 and NOX emissions. That will re- main in effect. that we neither need nor want. At a time when balances within the EPA is to ensure that the As far as the gentlelady’s amend- these regulations will both decrease health needs of industries and the needs of our com- ment, we would be happy to accept it, costs and can create thousands of jobs, why munities are addressed. Providing a time for because I think it’s a good amendment. would my colleagues propose a bill that will individuals to support or oppose any regula- I yield back the balance of my time. only slow job growth. It has been 260 days tions is a meaningful first step. This bill is a and the Republicans, who have been in the step in the wrong direction. b 1050 majority, have not presented a clear and con- The EPA has spent years reviewing these Ms. JACKSON LEE of Texas. Let me sistent job growth package. Instead time and standards before attempting to issue regula- indicate to the gentleman first of all time again they have put forth measures to cut tions. In terms of the Mercury and Air Toxics

VerDate Mar 15 2010 04:10 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K23SE7.043 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6431 Standard (MATS) Rule the new standard will energy industry and regulating agencies. With ter, calling for passage of HR 1633, a bill that significantly reduce mercury and toxic air pol- an open dialogue and productive communica- would block the completion of the review of lution from power plants and electric utilities. tion, we can forge compromise that will protect the health effects associated with deadly soot or particulate matter and prevent EPA The EPA estimates that for every year this the environment without harming economic from even proposing a standard and receiv- rule is not implemented, mercury and toxic air growth, and the intent behind this amendment ing public comment on that standard. pollution will have a serious impact on public is to do just that. We urge you to oppose this plan and ask health. Think for a moment about the lives that As the Representative of the 18th Congres- that you, instead, support protecting public can be saved. We are talking about thousands sional District of Houston, Texas, I can attest health. This Rep. Cantor-led effort would im- of health complications and deaths. What to the importance of a healthy energy industry. pact EPA’s ability to implement the Clean more do we need to know. According to the My district is the energy hub of Texas and is Air Act: a law that protects public health EPA this rule would prevent the following: recognized worldwide for its energy industry, and reduces health care costs for all by pre- 17,000 premature deaths; 11,000 heart at- particularly for oil and natural gas, as well as venting thousands of adverse health out- biomedical research and aeronautics. Renew- comes, including: cancer, asthma attacks, tacks; 120,000 cases of aggravated asthma; strokes, emergency department visits, hos- 12,000 hospital and emergency room visits; able energy sources—wind and solar—are pitalizations and premature deaths. A rig- 11,000 cases of bronchitis; and 850,000 also growing economic bases in Houston. orous, peer reviewed analysis, The Benefits missed work days. I understand the economic impacts of regu- and Costs of the Clean Air Act from 1990 to The second rule that is targeted by this bill lation, but we must also act responsibly. We 2020, conducted by EPA, found that the air is the Cross State Air Pollution (CSAP) Rule. cannot ignore the public health risks associ- quality improvements under the Clean Air As a Representative from the State of Texas, ated with breathing polluted air, nor can we Act will save $2 trillion by 2020 and prevent I have a few reservations about the rules im- pretend that these emissions do not exacer- at least 230,000 deaths annually. plementation in my home state; however, the bate global warming. Alternatively, we cer- Additionally, the public supports EPA’s ef- tainly do not want to hinder job creation and forts to implement and update the Clean Air rule can be more fairly implemented. Act. A recent bipartisan survey, which was This rule will significantly cut sulfur dioxide economic growth. conducted for the American Lung Associa- and nitrogen oxide emissions released into the Lest we forget that since 1999, Houston has tion by the Republican firm Moore Informa- atmosphere. The regulation impacts 27 states exchanged titles with Los Angeles for the tion and Democratic polling firm Greenberg where power plant emissions cause poor air poorest air quality in the Nation. The poor air Quinlan Rosner Research indicate that those quality that affects neighboring states. It is im- quality is attributed to the amount of aerosols, pushing riders or otherwise interfering with portant to know that the EPA designed this particles of carbon and sulfates in the air. The EPA are out of touch with voters. The sur- rule again by keeping the lives of our families, carcinogens found in the air have been known vey shows that over seventy percent of vot- to cause cancer, particularly in children. The ers do not want Congress to stop the EPA our children, our communities and the environ- from setting stricter pollution limits and ment in mind. According to the EPA this rule EPA is the very agency charged with issuing sixty-six percent of voters would prefer that when implemented will prevent up to 34,000 regulations that would address this serious EPA set pollution standards, not Congress. premature deaths, 15,000 heart attacks, and problem. This bill may very well jeopardize the We believe that in an ironic twist, the Ma- 400,000 cases of aggravated asthmas. air that we breathe, the water that we drink, jority Leader’s memo lays out an agenda Sometimes we can get caught up in the our public lands, and our public health by that will expose the public to levels of air numbers and forget the people behind each. If deep funding cuts in priority initiatives. pollution that can make them sick or kill these rules are allowed to be implemented The least that can be done is to extend the them. This agenda will certainly drive up there are 51,000 more people who will be able opportunity for the committee formed by this health costs for all as people continued to be bill to hear the concerns of the public. I am exposed to life-threatening air pollution. We to spend another day, week, month or year ask you to support full implementation of with their families. These are our friends and sure this will certainly go a long way to en- the Clean Air Act and oppose all efforts to family members who with the implantation of courage robust discussion on health, job cre- weaken, delay or block progress toward the these rules can enjoy another cup of coffee. ation and economic improvements without put- continued implementation of this vital law. The prolonged or indefinite delay of these ting the environment or the American people Sincerely, life saving regulations threaten the very air at risk. AMERICAN LUNG that Americans, our constituents, breathe. I I encourage my colleagues to support the ASSOCIATION. cannot speak for my colleagues on the other Jackson Lee amendment in order to strike a AMERICAN THORACIC SOCIETY. side of the aisle, but I certainly do not want to balance between the EPA and the energy in- dustry, forge compromise that will protect the PHYSICIANS FOR SOCIAL repeal regulations that protect the 18th Con- RESPONSIBILITY. environment without harming economic growth gressional District’s access to clean air. AMERICAN PUBLIC HEALTH The analysis required by this legislation is by extending the public comment period from ASSOCIATION. focused solely on the impact of EPA regula- 90 to 120 days. My amendment does not ASTHMA AND ALLERGY tions on economic competitiveness, fuel change the intent of the bill, it creates the op- FOUNDATION OF AMERICA. prices, and employment without taking into portunity for communication and consensus. The Acting CHAIR. The question is consideration the public health benefits of the SEPTEMBER 21, 2011. on the amendment offered by the gen- DEAR REPRESENTATIVE: On behalf of the regulations. The Mercury and Air Toxics tlewoman from Texas (Ms. JACKSON undersigned public health and medical orga- Standard Rule will significantly reduce mercury LEE). and toxic air pollution from power plants and nizations, we write to state our strong oppo- sition to any efforts under consideration by The question was taken; and the Act- electric utilities. the U.S. House of Representatives that ing Chair announced that the ayes ap- The Cross State Air Pollution Rule will sig- hinder the Environmental Protection Agen- peared to have it. nificantly cut sulfur dioxide and nitrogen oxide cy’s (EPA’s) ability to protect health Ms. JACKSON LEE of Texas. Mr. emissions released into the atmosphere. The through the implementation the Clean Air Chairman, I demand a recorded vote. regulation impacts 27 states where power Act. The Acting CHAIR. Pursuant to plant emissions cause poor air quality that af- Majority Leader Eric Cantor’s August 29, 2011 memo to House Republicans specifically clause 6 of rule XVIII, further pro- fects neighboring states. ceedings on the amendment offered by My amendment will not affect the intent of called for passage of bills including H.R. 2401, which would indefinitely delay the EPA’s the gentlewoman from Texas will be the bill; it merely ensures that should this ill proposal to reduce mercury and other toxics postponed. conceived measure pass that there is plenty of from power plants and would block imple- AMENDMENT NO. 10 OFFERED BY MR. WHITFIELD time given for our constituents who live in mentation of the Cross-State Air Pollution states affected by mercury and toxic pollution Rule, a finalized rule that is expected to pre- The Acting CHAIR. It is now in order and cross state air pollution to weigh in on the vent the premature deaths of thousands of to consider amendment No. 10 printed public health aspects of these regulations. Americans each year and to make it easier in House Report 112–213. I have offered this amendment not only to for states downwind of pollution sources to Mr. WHITFIELD. I have an amend- benefit those who live in states that would be achieve healthful air for their residents. The ment at the desk. memo also signals plans with H.R. 2250 and affected by these regulations, but also to en- The Acting CHAIR. The Clerk will H.R. 2861, which would delay EPA efforts to designate the amendment. sure that the industry being regulated has reduce mercury and other toxics from indus- ample time to provide their input. Throughout trial facilities and cement plants. Further, it The text of the amendment is as fol- my tenure in Congress, I have worked tire- signals plans to thwart EPA’s ability to pro- lows: lessly to foster better relationship between the pose a health standard for particulate mat- Strike section 5 and insert the following:

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SEC. 5. ADDITIONAL PROVISIONS RELATING TO lutant for which the Administrator finds (C) RULE OF CONSTRUCTION.—Nothing in CERTAIN RULES. such regulations are appropriate and nec- this subsection shall be construed to restrict (a) CROSS-STATE AIR POLLUTION RULE/ essary pursuant to subsection (n)(1)(A) of or otherwise affect the provisions of para- TRANSPORT RULE.— such section; graphs (3)(B) and (4) of section 112(i) of the (1) EARLIER RULES.—The rule entitled (B) issue regulations establishing stand- Clean Air Act (42 U.S.C. 7412(i)). ‘‘Federal Implementation Plans: Interstate ards of performance for fossil-fuel-fired elec- (4) OTHER PROVISIONS.— Transport of Fine Particulate Matter and tric utility, industrial-commercial-institu- (A) ESTABLISHMENT OF STANDARDS ACHIEV- Ozone and Correction of SIP Approvals’’, tional, and small industrial-commercial-in- ABLE IN PRACTICE.—The regulations promul- published at 76 Fed. Reg. 48208 (August 8, stitutional steam generating units under gated pursuant to paragraph (2)(A) of this 2011), and any successor or substantially section 111 of the Clean Air Act (42 U.S.C. section shall apply section 112(d)(3) of the similar rule, shall be of no force or effect, 111); and Clean Air Act (42 U.S.C. 7412(d)(3)) in accord- and shall be treated as though such rule had (C) issue the final regulations required by ance with the following: never taken effect. subparagraphs (A) and (B)— (i) NEW SOURCES.—With respect to new (2) CONTINUED APPLICABILITY OF CLEAN AIR (i) after issuing proposed regulations under sources: INTERSTATE RULE.—In place of any rule de- (I) The Administrator shall identify the scribed in paragraph (1), the Administrator such subparagraphs; (ii) after consideration of the final report best controlled similar source for each of the Environmental Protection Agency (in source category or subcategory. this section referred to as the ‘‘Adminis- submitted under section 4(c); and (II) The best controlled similar source for a trator’’) shall continue to implement the (iii) not earlier than the date that is 12 category or subcategory shall be the single Clean Air Interstate Rule. months after the date on which the Com- source that is determined by the Adminis- (3) ADDITIONAL RULEMAKINGS.— mittee submits such report to the Congress, trator to be the best controlled, in the aggre- (A) ISSUANCE OF NEW RULES.—The Adminis- or such later date as may be determined by gate, for all of the hazardous air pollutants trator— the Administrator. for which the Administrator intends to issue (i) shall not issue any proposed or final (3) COMPLIANCE PROVISIONS.— standards for such source category or sub- rule under section 110(a)(2)(D)(i)(I) or section (A) ESTABLISHMENT OF COMPLIANCE category, under actual operating conditions, 126 of the Clean Air Act (42 U.S.C. DATES.—In promulgating the regulations taking into account the variability in actual 7410(a)(2)(D)(i)(I), 7426) relating to national under paragraph (2), the Administrator— ambient air quality standards for ozone or (i) shall establish a date for compliance source performance, source design, fuels, particulate matter (including any modifica- with the standards and requirements under controls, ability to measure pollutant emis- tion of the Clean Air Interstate Rule) before such regulations that is not earlier than 5 sions, and operating conditions. the date that is 3 years after the date on years after the effective date of the regula- (ii) EXISTING SOURCES.—With respect to ex- which the Committee submits the final re- tions; and isting sources: port under section 4(c); and (ii) in establishing a date for such compli- (I) The Administrator shall identify one (ii) in issuing any rule described in clause ance, shall take into consideration— group of sources that constitutes the best (i), shall base the rule on actual monitored (I) the costs of achieving emissions reduc- performing 12 percent of existing sources for (and not modeled) data and shall, notwith- tions; each source category or subcategory. standing section 110(a)(2)(D)(i)(I), allow the (II) any non-air quality health and envi- (II) The group constituting the best per- trading of emissions allowances among enti- ronmental impact and energy requirements forming 12 percent of existing sources for a ties covered by the rule irrespective of the of the standards and requirements; category or subcategory shall be the single States in which such entities are located. (III) the feasibility of implementing the group that is determined by the Adminis- (B) IMPLEMENTATION SCHEDULE.—In pro- standards and requirements, including the trator to be the best performing, in the ag- mulgating any final rule described in sub- time needed to— gregate, for all of the hazardous air pollut- paragraph (A)(i), the Administrator shall es- (aa) obtain necessary permit approvals; ants for which the Administrator intends to tablish a date for State implementation of and issue standards for such source category or the standards established by such final rule (bb) procure, install, and test control subcategory, under actual operating condi- that is not earlier than 3 years after the date equipment; tions, taking into account the variability in of publication of such final rule. (IV) the availability of equipment, sup- actual source performance, source design, (4) DEFINITION OF CLEAN AIR INTERSTATE pliers, and labor, given the requirements of fuels, controls, ability to measure pollutant RULE.—For purposes of this section, the term the regulations and other proposed or final- emissions, and operating conditions. ‘‘Clean Air Interstate Rule’’ means the Clean ized regulations; and (B) REGULATORY ALTERNATIVES.—For the Air Interstate Rule and the rule establishing (V) potential net employment impacts. regulations promulgated pursuant to para- Federal Implementation Plans for the Clean (B) NEW SOURCES.—With respect to the reg- graph (2) of this section, from among the Air Interstate Rule as promulgated and ulations promulgated pursuant to paragraph range of regulatory alternatives authorized modified by the Administrator (70 Fed. Reg. (2)— under the Clean Air Act (42 U.S.C. 7401 et 25162 (May 12, 2005), 71 Fed. Reg. 25288 (April (i) the date on which the Administrator seq.), including work practice standards 28, 2006), 72 Fed Reg. 55657 (Oct. 1, 2007), 72 proposes a regulation pursuant to paragraph under section 112(h) of such Act (42 U.S.C. Fed. Reg. 59190 (Oct. 19, 2007), 72 Fed. Reg. (2)(A) establishing an emission standard 7412(h)), the Administrator shall impose the 62338 (Nov. 2, 2007), 74 Fed. Reg. 56721 (Nov. 3, under section 112 of the Clean Air Act (42 least burdensome, consistent with the pur- 2009)). U.S.C. 7412) shall be treated as the date on poses of such Act and Executive Order 13563 (b) STEAM GENERATING UNIT RULES.— which the Administrator first proposes such published at 76 Fed. Reg. 3821 (January 21, (1) EARLIER RULES.—The proposed rule en- a regulation for purposes of applying the def- 2011). titled ‘‘National Emission Standards for Haz- inition of a new source under section Strike subparagraph (A) of section 3(e)(1) ardous Air Pollutants From Coal- and Oil- 112(a)(4) of such Act (42 U.S.C. 7412(a)(4)); and insert the following: Fired Electric Utility Steam Generating (ii) the date on which the Administrator (A) The Clean Air Interstate Rule (as de- Units and Standards of Performance for Fos- proposes a regulation pursuant to paragraph fined in section 5(a)(4)). Strike subparagraph (B) of section 3(e)(1) sil-Fuel-Fired Electric Utility, Industrial- (2)(B) establishing a standard of performance and insert the following: Commercial- Institutional, and Small Indus- under section 111 of the Clean Air Act (42 (E) ‘‘National Ambient Air Quality Stand- trial-Commercial-Institutional Steam Gen- U.S.C. 7411) shall be treated as the date on ards for Ozone’’, published at 73 Fed. Reg. erating Units’’ published at 76 Fed. Reg. 24976 which the Administrator proposes such a 16436 (March 27, 2008). (May 3, 2011), and any final rule that is based regulation for purposes of applying the defi- On page 13, line 17, in the matter before on such proposed rule and is issued prior to nition of a new source under section 111(a)(2) paragraph (1) in section 6(a), strike ‘‘for fis- the date of the enactment of this Act, shall of such Act (42 U.S.C. 7411(a)(2)); cal year 2012’’. be of no force and effect, and shall be treated (iii) for purposes of any emission standard On page 13, line 18, in section 6(a)(1), insert as though such proposed or final rule had or limitation applicable to electric utility ‘‘for fiscal year 2012,’’ before ‘‘$3,000,000’’. never been issued. In conducting analyses steam generating units, the term ‘‘new Strike paragraph (2) in section 6(a) and in- under section 3(a), the Committee shall ana- source’’ means a stationary source for which sert the following: lyze the rule described in section 3(e)(1)(E) a preconstruction permit or other (2) to the Environmental Protection Agen- (including any successor or substantially preconstruction approval required under the cy— similar rule) as if the preceding sentence did Clean Air Act (42 U.S.C. 7401 et seq.) has been (A) for fiscal year 2012, $1,000,000; and not apply to such rule. issued after the effective date of such emis- (B) for fiscal year 2013, $500,000. (2) PROMULGATION OF FINAL RULES.—In sions standard or limitation; and Strike subsection (b) in section 6 and in- place of the rules described in paragraph (1), (iv) for purposes of clause (iii), the date of sert the following: the Administrator shall— issuance of a preconstruction permit or (b) OFFSET.—Effective October 1, 2011, sec- (A) issue regulations establishing national other preconstruction approval is deemed to tion 797(a) of the Energy Policy Act of 2005, emission standards for coal-and oil-fired be the date on which such permit or approval as amended by section 2(e) of the Diesel Re- electric utility steam generating units under is issued to the applicant irrespective of any duction Act of 2010 (Public Law 111–364), is section 112 of the Clean Air Act (42 U.S.C. administrative or judicial review occurring amended— 7412) with respect to each hazardous air pol- after such date. (1) by striking ‘‘2012’’ and inserting ‘‘2014’’;

VerDate Mar 15 2010 02:02 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.017 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6433 (2) by inserting ‘‘$45,500,000 for fiscal year I would remind everyone once again will not have to reduce their emissions 2012, $49,500,000 for fiscal year 2013, and’’ after EPA says that 99 percent of the mer- of toxic air pollution, including mer- ‘‘to carry out this subtitle’’. cury in America comes from nature cury, for at least 7 years. The Acting CHAIR. Pursuant to and from trade winds coming in from The amendment also tosses aside the House Resolution 406, the gentleman other countries. And EPA itself said way EPA has long been setting these from Kentucky (Mr. WHITFIELD) and a Utility MACT benefits by mercury re- emission limits for toxic air pollution Member opposed each will control 5 ductions of that whole bill would be for two decades, and it replaces it with- minutes. .004 percent. in an entirely new approach for power The Chair recognizes the gentleman I would also say that utility compa- plants that is completely unworkable. from Kentucky. nies have no problem with mercury. It guarantees years of litigation and, Mr. WHITFIELD. Thank you. They’re doing a good job on that, and according to the EPA administrator, It’s already been stated today that they can do even better. But the two may well prevent EPA from ever re- the TRAIN Act examines 14 EPA regu- gases that they are asking them to reg- quiring power plants to clean up their lations. On 12 of them, we do not delay ulate have never been regulated be- mercury pollution. in any way, but we do ask for a study fore—I had the name of them awhile So this isn’t just a delay, as we were of the cumulative impact on jobs, on ago and I can’t remember them—but told, for further study. It may well lead American competitiveness, on the the technology is not available to meet to no rule ever being put in place to price of electricity and the reliability the requirements of the Utility MACT. stop these mercury emissions that of electricity. So you are asking these companies to cause such terrible public health disas- We do that because we are in a very spend this money, provide this uncer- ters. The Whitfield amendment also fragile time in our economy. We have tainty, and so that’s what my amend- nullifies the Cross-State Air Pollution high unemployment, we’ve been unable ment does. It basically delays the im- Rule, which is designed to reduce emis- to get out of it; and in order to do it, plementation of the Utility MACT, sions from power plants that cause we have to have some certainty on asks for a reproposal, and it also main- ozone and particulate matter viola- these regulations. Business people tell tains the existing CAIR air transport tions in downwind States. us they are not investing right now be- rule. b 1100 cause of uncertainty about health care, With that, I reserve the balance of uncertainty about the new financial my time. Well, this rule has tremendous health regulations and uncertainty about the Mr. WAXMAN. Mr. Chairman, I rise benefits. The EPA cross-state rule will plethora of EPA regulations coming in opposition to the amendment. prevent 34,000 deaths, 15,000 heart at- down the road. The Acting CHAIR. The gentleman tacks, 400,000 cases of aggravated asth- So although we don’t touch 12 regula- from California is recognized for 5 min- ma, and 1.8 million lost days of work tions, the two that we are concerned utes. each year. about—and the reason we’re concerned Mr. WAXMAN. I rise in strong oppo- The Whitfield amendment negates about them—is that they are the most sition to this Whitfield amendment, these benefits and ensures that power expensive ever issued by EPA. Inde- Mr. Chairman. plants will not have to reduce their pendent analysts have indicated that The amendment is objectionable pollution for at least 8 years. But this there will be a net, after including job from the standpoint of public health new rule may ensure that it will never gains, a net loss of almost 1.4 million and the legislative process. Throughout happen. The EPA administrator testi- jobs. the debate on this bill, Mr. WHITFIELD fied that the language in the amend- My amendment would do this: it has claimed that his bill just requires a ment barring reliance on modeling would provide that the Cross-State Air study and delays two rules for further likely will block EPA from ever issuing Pollution Rule has no legal force or ef- analysis. another cross-state pollution rule to fect, and it does direct EPA to con- Well, the indefinite delay of these address ozone and particulate problems tinue to apply the Clean Air Interstate two rules is terrible for public health, in downwind States. Rule, which is in effect today. but this amendment would be a dis- These are two radical proposals, and As I had indicated earlier, EPA, when aster because this amendment nullifies they’re coming to the floor without a they adopted CAIR, they talked about these two critical EPA rules to cut air single day of hearings in the Energy the billions of dollars in health bene- pollution from old, dirty power plants and Commerce Committee. The amend- fits, 17,000 premature deaths that they by requiring them to install modern ment’s sponsor, Mr. WHITFIELD, is the would prevent, 22,000 nonfatal heart at- pollution technology. chairman of the relevant sub- tacks that they would prevent; and I First, the EPA amendment abolishes committee. But he didn’t ask for a sin- could go on and on and on. And EPA EPA mercury air toxics proposal by re- gle day of testimony or debate on these defended the CAIR Act in court. The quiring EPA to start scratch on a rule proposals. Instead he took a bill that environmental groups supported the that’s long overdue. There are two asked for a lot more analysis before CAIR Act. rules at stake. The EPA mercury air rules go into effect, and then just Our air transport rules and regula- toxic rule, which was opposed by EPA, dropped this amendment on that bill tions are still going to be in effect; and would prevent 17,000 deaths, 11,000 because it was a moving train. He we simply say that for at least 3 years, heart attacks, 120,000 cases of aggra- didn’t insist that the TRAIN Act was EPA cannot change the CAIR Act, but vated asthma, and 850,000 lost work- requiring a study. He insisted it was during that time do a more detailed days each year. Now, that doesn’t even only going to do a study, and now it is analysis of the Cross-State Air Pollu- include the benefits that are harder to preventing them from implementing tion Rule because of the enormous put a dollar figure on such as reducing anything. cost, the enormous impact on jobs and toxic air pollution that can lead to Today we have 10 minutes of debate so forth. birth defects and developmental whether this body should eliminate The amendment also requires that delays. two critical EPA rules that prevent the proposed Utility Maximum Achiev- The EPA rule would also prevent 91 premature death, asthma attacks, and able Control Technology rule has no percent of the mercury in burned coal other respiratory diseases and fun- legal force in effect and that any subse- from being emitted into the air. Mer- damentally alter the Clean Air Act. I quent Utility MACT rule be issued no cury is dangerous in tiny amounts. It’s find that inexcusable, both on the sub- sooner than 1 year after the study a powerful neurotoxin that can damage stance and the process. called for in the TRAIN Act. So we the developing brain, leading to learn- I urge my colleagues to vote ‘‘no’’ on simply ask the EPA to repropose the ing disabilities and developmental this amendment, and I reserve the bal- utility rule. delays in children. ance of my time. Now, people are saying, oh my gosh, We heard about the delay in letting The Acting CHAIR. The time of the if we don’t have this utility rule in ef- this rule go forward that was in the gentleman has expired. fect, mercury is going to do all of these bill, but this amendment negates these The gentleman from Kentucky has 30 horrible things. benefits and ensures that power plants seconds remaining.

VerDate Mar 15 2010 02:02 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.017 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6434 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Mr. WHITFIELD. I would just say does not have the legal authority to health overall, and then on sensitive that the two gases I was trying to consider how they will affect the econ- groups, such as children and the elder- think of are hydrogen chloride and hy- omy. ly, because we don’t want a society drogen fluoride. Those are the real This approach to regulation is a con- where the sensitive people like the problems in this Utility MACT: the tributing factor to why unemployment children and the elderly can’t live with lack of technology, the unachievability numbers refuse to budge in many parts the rest of us. of the standards, and that’s why this of our country and we have millions of These national air quality standards amendment is asking that the imple- Americans still looking for jobs. Last essentially identify the level of ambi- mentation be delayed for 3 years of this year the EPA decided to voluntarily re- ent air pollution that’s safe for people air transport rule. view the National Ambient Air Quality to breathe. With these health-based With that, I urge Members to support Standards for ozone despite being a full standards as the goalposts, States de- my amendment, and I yield back the 3 years away from review of the Clean velop plans to control pollution and balance of my time. Air Act’s requirements in 2013. meet these goals. Cost is front and cen- The Acting CHAIR. The question is The standards they discussed would ter in this planning. States can iden- on the amendment offered by the gen- have had a devastating effect on my tify which pollution-control measures tleman from Kentucky (Mr. WHIT- home State of Ohio, putting every one are most cost effective and rule out FIELD). of the 33 counties monitored into a measures that produce more costs than The question was taken; and the Act- state of nonattainment status, as well benefits. ing Chair announced that the ayes ap- as over 85 percent of the other counties The Latta amendment turns this peared to have it. monitored nationwide. States and lo- whole approach upside down. The Mr. WAXMAN. Mr. Chairman, I de- calities not in attainment are required amendment would require EPA to con- mand a recorded vote. to meet expensive and complex regu- sider industry cost up front when de- The Acting CHAIR. Pursuant to latory requirements, more stringent termining what level of air pollution is clause 6 of rule XVIII, further pro- permitting requirements, and comply safe for human health. That’s like a ceedings on the amendment offered by with a number of other antigrowth doctor basing your diagnosis on the the gentleman from Kentucky will be measures. cost of the treatment. If the treatment postponed. Fortunately, President Obama real- is expensive, the doctor would tell you AMENDMENT NO. 11 OFFERED BY MR. LATTA ized the urgency of this situation and that you’re healthy. For a doctor, that The Acting CHAIR. It is now in order asked the EPA not to propose a more would be malpractice. It’s no different to consider amendment No. 11 printed stringent standard. Perhaps if the EPA here. in House Report 112–213. administrator had considered the cost The Latta amendment would allow Mr. LATTA. Mr. Chairman, I have an and feasibility of the tighter standard, polluters to override scientists and re- amendment at the desk. we would have avoided the situation quire EPA to set air quality standards The Acting CHAIR. The Clerk will entirely. Now with this amendment we based on profits rather than the public designate the amendment. have the opportunity to make sure it health. The scientific determination of The text of the amendment is as fol- doesn’t happen in the future. what is safe to breathe doesn’t depend lows: I sent the President a letter com- on the cost of cleaning up the pollu- After section 5, insert the following new mending his decision and requesting tion. section (and redesignate the subsequent sec- his support of the amendment in help- My Republican colleagues through- tion accordingly): ing to get it passed both here in the out the debate on this bill have been SEC. 6. CONSIDERATION OF FEASIBILITY AND House and in the Senate. Now I’m re- happy to come to the floor and talk COST IN ESTABLISHING NATIONAL AMBIENT AIR QUALITY STANDARDS. questing your support. about the tremendous progress in re- In establishing any national primary or This is not a Republican idea or a ducing air pollution in this country. secondary ambient air quality standard Democrat idea. Considering the econ- That’s true, but it doesn’t mean we no under section 109 of the Clean Air Act (42 omy and the well-being of the unem- longer have a need for the tools that U.S.C. 7409), the Administrator of the Envi- ployed Americans who are looking for got us here and that job is already ronmental Protection Agency shall take into jobs, it is the right thing to do. done. We’ve made progress because consideration feasibility and cost. I urge support of the amendment, and Congress enacted a strong and effective The Acting CHAIR. Pursuant to I reserve the balance of my time. Clean Air Act. If we weaken the law, House Resolution 406, the gentleman Mr. WAXMAN. Mr. Chairman, I rise air quality will suffer. And anyone who from Ohio (Mr. LATTA) and a Member in opposition to this amendment. thinks that the air is clean enough opposed each will control 5 minutes. The Acting CHAIR (Mr. WOODALL). isn’t thinking about the kids who can’t The Chair recognizes the gentleman The gentleman from California is rec- play outside on a summer day without from Ohio. ognized for 5 minutes. risking a potentially life-threatening Mr. LATTA. Mr. Chairman, I rise Mr. WAXMAN. Mr. Chairman, I rise asthma attack. today to urge my colleagues to support not just in opposition, but strong oppo- For 40 years—and we are celebrating my amendment to H.R. 2401. This sition to this amendment. The bill as the 40th anniversary of the Clean Air amendment should be one of the most reported by the Energy and Commerce Act—the essential basis of the law was noncontroversial EPA-related votes Committee is a bad bill for air quality to set health-based standards as our this House has faced in quite awhile be- and public health, but this bill appears goals. cause it doesn’t repeal any EPA rules doomed to get even worse as we con- or regulations and it doesn’t block the tinue to amend it on the floor. b 1110 EPA from doing anything. It simply re- If the Latta amendment were adopt- Despite the progress we’ve made, quires the EPA administrator to con- ed, it would eviscerate a cornerstone of that job isn’t done on air pollution. sider the implementation costs and the Clean Air Act without a single The Latta amendment, if it becomes feasibility of compliance when setting committee hearing to discuss the im- law, would reverse decades of progress National Ambient Air Quality Stand- plications of this action, and that’s in cleaning up the smog and soot pollu- ards. We all want clean air. nothing short of reckless policy- tion that triggers asthma attacks, The Clean Air Act required the EPA making. heart attacks, other respiratory dis- to review these standards in 5-year in- The Clean Air Act requires EPA to eases, and the mercury pollution that tervals and make revisions or set new set National Ambient Air Quality causes brain damage and learning dis- standards if appropriate. Under current Standards based on the science of how abilities in children. law, the EPA administrator is forbid- air pollution affects health and the en- It is preposterous that we have only den from taking the economic con- vironment. EPA scientists and an inde- 10 minutes to debate this fundamental sequences of these rules under consid- pendent scientific advisory committee change to the Clean Air Act that would eration when setting these standards, then recommend health-based stand- upend 40 years of progress. which means every 5 years the EPA is ards. That is peer-reviewed, and they I urge my colleagues to vote this required to create new regulations, but look at the impact of air pollution on amendment down based on its impact

VerDate Mar 15 2010 02:02 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.051 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6435 on public health as well as the mock- This is a radical, extreme amendment part of the Energy Policy Act of 2005. ery it makes of the legislative process. that reverses the Clean Air Act which The program was authorized at $200 I reserve the balance of my time. was signed by President Nixon, has million per year for 5 years. In 2011, the Mr. LATTA. I yield the balance of been enforced by Democratic and Re- Congress acted responsibly, and in my time to the gentleman from Cali- publican administrations, voted almost light of our fiscal crisis situation, we fornia (Mr. DENHAM). unanimously on a bipartisan basis in reduced that amount by a hundred mil- The Acting CHAIR. The gentleman the House and the Senate, and it would lion per year. from California is recognized for 21⁄2 strip away the goalposts of achieving This amendment brings into question minutes. health-based standards. whether it makes sense to reduce a Mr. DENHAM. Mr. Chairman, I rise I think to have only 10 minutes to de- proven successful program that is not on this amendment and in support of bate on this extreme proposal is an af- increasing regulations, as my former the underlying TRAIN Act. front to the legislative process. I urge colleague just mentioned, but in fact is The TRAIN Act is a bipartisan plan my colleagues to vote ‘‘no.’’ helping companies to be able to meet to analyze cumulative economic im- I yield back the balance of my time. those regulations in a cost-effective pacts of EPA’s regulations to better Mr. LATTA. Mr. Chairman, I urge way. understand how these policies affect passage of this amendment. DERA has helped fund more than 360 American manufacturing, energy When we were all back in our dis- retrofit projects to date, which has re- prices, and private industry’s ability to tricts in August, I went to 18 different duced well over 1.6 million tons of create jobs. plants and facilities in my district, and The question that Americans want to emissions and provided more than $4 know is: Why are our jobs leaving? the number one issue out there against billion in public health benefits while Why aren’t we making things? This bill creating jobs was EPA regulations. employing thousands of workers who will help us to define that. EPA. That’s all I heard. EPA, EPA, manufacture, sell, and repair diesel ve- Here today in support of the TRAIN EPA. hicles and their components in each of Act are Jennifer Fraser and Jeff Rose We’re not going to move this country our States. from Vantage Data Centers, a NextGen forward unless we get these regulations Recognizing today’s budgetary chal- data center and a small business from under control, and it’s about time that lenges, industry, environmental, and my State of California that has become they start looking at what they have public sector representatives support an industry leader in performance effi- to do under this amendment to make the return of full-year 2008 funding lev- ciency and environmental stewardship. sure that we’ve got things back on els for DERA, or $50 million for 2012. Since its inception in 2010, Vantage has course. I mentioned this yesterday in The United States relies upon diesel sought to minimize electricity con- committee that we’ve lost 180,000 man- power to transport commuters, tour- sumption at their data centers, as elec- ufacturing jobs alone, in the Energy ists, and students, harvest our crops, tricity is far and away their greatest and Commerce Committee, since ear- build infrastructure, and move our cost. lier this year. We’ve got to get this freight. New clean diesel technology is The price of electricity has caused economy moving. reaching near zero emissions but fleet many companies in their industry to I yield back the balance of my time. turnover will take us many more years flee to other countries with a more The Acting CHAIR. The question is to come. Emissions from older diesel welcoming business climate and cheap- on the amendment offered by the gen- vehicles and equipment can be reduced, er electricity prices. Despite this exist- tleman from Ohio (Mr. LATTA). and we can help to make that happen. ing competitive disadvantage for the The question was taken; and the Act- Some of our program results have United States, the EPA proposes new ing Chair announced that the noes ap- been 119 projects affecting more than Utility MACT standards that will raise peared to have it. 14,000 diesel-powered vehicles and electricity prices and will have an ad- Mr. LATTA. Mr. Chairman, I demand equipment, new State clean diesel verse effect on even an environ- a recorded vote. grant programs in over 50 States, 2,200 mentally friendly data center like Van- The Acting CHAIR. Pursuant to tons of particulate matter emissions tage and force more jobs overseas. clause 6 of rule XVIII, further pro- reduced, 580 million benefits to health, The EPA has proposed regulation ceedings on the amendment offered by and—this is a very important one—3.2 after regulation that would stifle job the gentleman from Ohio will be post- million gallons of fuel that has been creation, hurt American economic poned. saved per year by implementing this competitiveness abroad, and increase AMENDMENT NO. 12 OFFERED BY MS. program. energy prices on families already RICHARDSON This is why in the last Congress I in- strained by the tough economy. The The Acting CHAIR. It is now in order troduced legislation that extended House Republican jobs agenda focuses to consider amendment No. 12 printed DERA for 5 more years. The legislation on removing these barriers to job cre- in House Report 112–213. received bipartisan support on both ation and includes necessary reforms Ms. RICHARDSON. I have an amend- sides of the aisle and was signed by the like the TRAIN Act. ment at the desk. President. The support of job creators like the The Acting CHAIR. The Clerk will In February during debate on H.R. 1, National Association of Manufacturers, designate the amendment. there was an amendment put forward the Association of Builders and Con- The text of the amendment is as fol- by a Representative on the other side tractors, the U.S. Chamber of Com- lows: of the aisle that would have eliminated merce, and Small Business Entrepre- Page 13, line 16, strike ‘‘(a) AUTHORIZA- full funding for DERA. The amendment neurship Council further proves the TION.—’’. in the continuing resolution at that need for the TRAIN Act to ensure that Beginning on page 13, line 23, strike sub- time was soundly defeated by both of the administration does not continue section (b) of section 6. us, both sides of the aisle, 352 Members. to hamper the economic recovery and The Acting CHAIR. Pursuant to In fact, the chairman of the Interior, job creation of private industry. House Resolution 406, the gentlewoman Environment, and Related Agencies ANNOUNCEMENT BY THE ACTING CHAIR from California (Ms. RICHARDSON) and a Appropriations Subcommittee, Mr. The Acting CHAIR. The Chair would Member opposed each will control 5 SIMPSON, called the cuts to DERA—and remind all Members not to refer to oc- minutes. I’m talking about my colleague from cupants of the gallery. The Chair recognizes the gentle- the other side—the wrong choice. I’m Mr. WAXMAN. May I inquire how woman from California. here to present that this cut is still the much time is left on each side? Ms. RICHARDSON. Mr. Chairman, wrong choice. The Acting CHAIR. The gentleman my amendment is intended to strike I reserve the balance of my time. from California has 1 minute remain- the provision that reduces the amount Mr. TERRY. Mr. Chairman, I rise in ing. The gentleman from Ohio has 30 of funding to implement the Diesel opposition to this amendment. seconds remaining. Emissions Reduction program. The Acting CHAIR. The gentleman Mr. WAXMAN. I urge my colleagues Five years ago, Congress passed the from Nebraska is recognized for 5 min- to vote against this Latta amendment. Diesel Emissions Reduction Act as a utes.

VerDate Mar 15 2010 02:02 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.055 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6436 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Mr. TERRY. I believe that the gen- placed on America by one agency and I urge my colleagues to vote ‘‘yes’’ tlelady from California’s amendment is one person, Lisa Jackson. We need to for the Richardson amendment; and heartfelt and sincere to the DERA pro- slow this down and take a hard look at the Richardson amendment is intended gram but irresponsible as it’s produced it. for exactly that, to eliminate cutting here today. There are costs associated I reserve the balance of my time. this program. with the EPA going forward with the Ms. RICHARDSON. Mr. Chairman, I The Acting CHAIR. The question is studies that we are requesting of them. find it interesting that the gentleman on the amendment offered by the gen- Under our rules of the House, there’s would say that this might be irrespon- tlewoman from California (Ms. RICH- PAYGO rules. We must offset those sible. What I heard of the comments ARDSON). costs. This is one of those tough deci- was I didn’t talk about the legislation The question was taken; and the Act- sions made to offset the costs. So the within itself. We’re talking about the ing Chair announced that the noes ap- first line of irresponsibility would be it amendment of how this is going to be peared to have it. will add to the deficit but for this off- paid for. And so the question before the Ms. RICHARDSON. Mr. Chairman, I set. House is going to be, is it appropriate demand a recorded vote. to take additional funds to use DERA b 1120 The Acting CHAIR. Pursuant to as the whipping boy time and time The second line of irresponsibility clause 6 of rule XVIII, further pro- again for a program that is helping ceedings on the amendment offered by would be, well, it may feel responsible. what my colleague from the other side And this really is a poison pill because the gentlewoman from California will is saying? be postponed. if the offset is eliminated, they get to I would actually say that DERA is re- kill the whole bill because of that. So sponsible. What’s irresponsible is con- ANNOUNCEMENT BY THE ACTING CHAIR it’s not as innocent an amendment as tinuing to put the health of Americans The Acting CHAIR. Pursuant to it is portrayed on the surface. The real in jeopardy. I will repeat the quote for clause 6 of rule XVIII, proceedings will issue of this bill in entirety must my colleagues from the chairman of now resume on those amendments stand. the Interior, Environment and Related printed in House Report 112–213 on As previous speakers have said, Mr. Agencies, Mr. SIMPSON. He called the which further proceedings were post- Chairman, and rightfully so, the EPA cuts to DERA ‘‘the wrong choice.’’ We poned, in the following order: is a rogue agency. They are producing have already been responsible, and Amendment No. 1 by Mr. WELCH of rules in a fast and furious manner that DERA has already paid its fair share, Vermont. greatly affects this Nation’s ability to and it’s being cut as other programs Amendment No. 2 by Mr. MCNERNEY generate electricity. This bill just have been cut. The question is, is it of California. wraps three of them together and says, right to continue to deplete this pro- Amendment No. 3 by Ms. MOORE of take a step back and do a cost analysis, gram? Wisconsin. as the President has asked of agencies. I reserve the balance of my time. Amendment No. 4 by Mrs. CAPPS of This agency, though, as headed by Ms. Mr. TERRY. Mr. Chairman, I think California. Jackson, has said to us in our com- it’s interesting that she didn’t refute Amendment No. 5 by Mr. KINZINGER mittee that she will not be beholding the point that if the PAYGO is elimi- of Illinois. or follow the President’s own executive nated, hers passes, they raise a point of Amendment No. 6 by Mr. DENT of order to look at the cost benefit anal- order and kill the bill, which is the real Pennsylvania. ysis. They say, as we have heard here impetus behind this amendment. Amendment No. 7 by Mr. HASTINGS of today, their modeling says that they Ms. RICHARDSON. Will the gen- Florida. can reduce asthma so, therefore, no tleman yield? Amendment No. 8 by Mr. CONNOLLY cost benefit analysis. Mr. TERRY. No. of Virginia. But there are real effects that I’m I think it’s also interesting—you Amendment No. 9 by Ms. JACKSON concerned with here, and the reason have the right to close—that the Presi- LEE of Texas. why I do believe this needs to be stud- dent’s budget, for which there was no Amendment No. 10 by Mr. WHITFIELD ied before implemented is we need to pushback by this other side of the of Kentucky. slow down the EPA and Lisa Jackson aisle, zeroed it out. Ours didn’t. We’re Amendment No. 11 by Mr. LATTA of and their attempts to do a cap program just cutting it by $4 million, and it’s a Ohio. without Congress’ involvement or ap- tough choice. We agree. Amendment No. 12 by Ms. RICHARD- I yield back the balance of my time. proval. They couldn’t get it done legis- SON of California. Ms. RICHARDSON. Mr. Chairman, in latively, so she’s doing it by rule and The Chair will reduce to 2 minutes closing, I would say, I think I’ve said edict from the EPA. the minimum time for any electronic This rule will add significant costs to twice now, the issue that we have be- vote after the first vote in this series. the ability of small generators to gen- fore us is the question of this amend- erate electricity, which will force them ment whether DERA is the appropriate AMENDMENT NO. 1 OFFERED BY MR. WELCH to shut down without any path forward funding source that would be consid- The Acting CHAIR. The unfinished to replace that. In fact, they haven’t ered for the offset. That’s the question business is the demand for a recorded even done a study on reliability to de- that we have before us. vote on the amendment offered by the termine if electricity can be wheeled It’s interesting that Mr. WHITFIELD gentleman from Vermont (Mr. WELCH) into the areas that the plants will have himself has benefited from this pro- on which further proceedings were to shut down. gram. In Kentucky, the construction postponed and on which the noes pre- In fact, there are two plants near my ports utilized $1.16 million to retrofit vailed by voice vote. district in Nebraska: Grand Island and 73 pieces of nonroad construction The Clerk will redesignate the Fremont. Grand Island is saying that equipment. Also, the Kentucky Asso- amendment. these rules of the EPA are fast and fu- ciation General Contractors benefited The Clerk redesignated the amend- rious and without any cost benefit from retrofitting 87 pieces of equip- ment. analysis will force the Grand Island ment. I would say to you it’s irrespon- RECORDED VOTE plant to close. How will they get their sible to have the American public driv- The Acting CHAIR. A recorded vote electricity? They will have to find a ing on our highways and roads and has been demanded. creative way to do it; yet there’s been going through our airports breathing A recorded vote was ordered. no study on reliability. Secondly, in this air. The vote was taken by electronic de- Fremont, Nebraska, they say what What I’ve reached out to the other vice, and there were—ayes 173, noes 236, they’ll do is just lower their plant side is that it’s important. We’re talk- not voting 24, as follows: level, just do a minimum amount of ing about EPA regulations. Why would [Roll No. 728] electricity. Where are they going to we reduce funding of a program that AYES—173 helps companies to meet the regula- make that up? Ackerman Baldwin Becerra This is a directive. This is part of the tions? It’s counterintuitive and it Andrews Barrow Berkley radical environmentalist agenda being doesn’t make sense. Baca Bass (CA) Berman

VerDate Mar 15 2010 02:02 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.058 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6437 Bishop (GA) Hahn Payne Lankford Owens Scott (SC) The Acting CHAIR. This will be a 2- Bishop (NY) Hanabusa Pelosi Latham Palazzo Scott, Austin minute vote. Blumenauer Hastings (FL) Perlmutter LaTourette Paulsen Sensenbrenner Boswell Heinrich Peters Latta Pearce Sessions The vote was taken by electronic de- Brady (PA) Higgins Pingree (ME) Lewis (CA) Pence Shimkus vice, and there were—ayes 184, noes 229, Braley (IA) Himes Platts LoBiondo Peterson Shuster not voting 20, as follows: Brown (FL) Hinchey Polis Long Petri Simpson Butterfield Hinojosa Price (NC) Lucas Pitts Smith (NE) [Roll No. 729] Luetkemeyer Poe (TX) Capps Hochul Quigley Smith (TX) Capuano Holt Lummis Pompeo AYES—184 Rangel Southerland Cardoza Hoyer Reyes Lungren, Daniel Posey Ackerman Gibson Moran E. Price (GA) Stearns Carnahan Inslee Richardson Amodei Gonzalez Murphy (CT) Carney Israel Mack Quayle Stivers Richmond Andrews Green, Al Nadler Carson (IN) Jackson (IL) Manzullo Rahall Stutzman Rothman (NJ) Baca Green, Gene Napolitano Castor (FL) Johnson (IL) Marchant Reed Sullivan Roybal-Allard Baldwin Grijalva Olver Chandler Johnson, E. B. Marino Rehberg Terry Barrow Gutierrez Pallone Cicilline Jones Ruppersberger Matheson Renacci Thompson (PA) Bass (CA) Hahn Pascrell Clarke (NY) Keating Rush McCarthy (CA) Ribble Thornberry Ryan (OH) Becerra Hanabusa Pastor (AZ) Clay Kildee McCaul Rigell Tiberi Berkley Hanna Cleaver Kind Sa´ nchez, Linda McClintock Rivera Tipton Paulsen T. Berman Hastings (FL) Payne Clyburn Kissell McCotter Roby Turner (NY) Bilbray Heck Sanchez, Loretta Pelosi Connolly (VA) Kucinich McHenry Roe (TN) Turner (OH) Bishop (GA) Heinrich Sarbanes Perlmutter Cooper Langevin McKeon Rogers (AL) Upton Bishop (NY) Higgins Schakowsky Peters Costa Larsen (WA) McKinley Rogers (KY) Walberg Blumenauer Himes Pingree (ME) Costello Larson (CT) Schiff McMorris Rogers (MI) Walden Boswell Hinchey Courtney Levin Schrader Rodgers Rohrabacher Walsh (IL) Brady (PA) Hinojosa Price (NC) Mica Quigley Crowley Lewis (GA) Schwartz Rokita Webster Braley (IA) Hochul Cuellar Lipinski Miller (FL) Rooney Rangel Scott (VA) West Brown (FL) Holden Cummings Loebsack Scott, David Miller (MI) Ros-Lehtinen Reyes Westmoreland Butterfield Holt Davis (CA) Lofgren, Zoe Serrano Miller, Gary Roskam Richardson Whitfield Capps Hoyer Davis (IL) Lowey Sewell Mulvaney Ross (AR) Ross (AR) Wilson (SC) Capuano Inslee DeFazio Luja´ n Sherman Murphy (PA) Ross (FL) Rothman (NJ) Wittman Cardoza Israel DeGette Lynch Sires Myrick Royce Roybal-Allard Wolf Carnahan Jackson (IL) DeLauro Maloney Slaughter Neugebauer Runyan Carney Jackson Lee Ruppersberger Womack Deutch Markey Smith (NJ) Noem Ryan (WI) Carson (IN) (TX) Rush Woodall Dicks McCarthy (NY) Smith (WA) Nugent Schilling Castor (FL) Johnson (GA) Ryan (OH) Nunes Schmidt Yoder Dingell McCollum Stark Chandler Johnson (IL) Sa´ nchez, Linda Doggett McDermott Nunnelee Schock Young (FL) Sutton Cicilline Johnson, E. B. T. Dold McGovern Olson Schweikert Young (IN) Thompson (CA) Clarke (MI) Kaptur Sanchez, Loretta Donnelly (IN) McIntyre Thompson (MS) Clarke (NY) Keating Sarbanes Doyle McNerney NOT VOTING—24 Tierney Clay Kildee Schakowsky Edwards Meehan Bachmann Honda Reichert Tonko Cleaver Kind Schiff Ellison Meeks Chu Hurt Scalise Towns Clyburn Kissell Schrader Engel Michaud Clarke (MI) Jackson Lee Shuler Tsongas Cohen Kucinich Schwartz Eshoo Miller (NC) Cohen (TX) Speier Connolly (VA) Lance Van Hollen Scott (VA) Farr Miller, George Conyers Johnson (GA) Waters Cooper Langevin Vela´ zquez Scott, David Fattah Moore Giffords Kaptur Yarmuth Costello Larsen (WA) Visclosky Serrano Filner Moran Green, Al Lee (CA) Young (AK) Courtney Larson (CT) Walz (MN) Sewell Frank (MA) Murphy (CT) Hanna Matsui Critz Lee (CA) Wasserman Sherman Fudge Nadler Hirono Paul Crowley Levin Schultz Sires Garamendi Napolitano Cuellar Lewis (GA) 1155 Slaughter Gibson Neal Watt b Cummings Lipinski Smith (NJ) Gonzalez Olver Waxman Davis (CA) LoBiondo Messrs. AMODEI, OLSON, Mrs. Smith (WA) Green, Gene Pallone Welch Davis (IL) Loebsack BLACK, Mr. MCHENRY, and Ms. Stark Grijalva Pascrell Wilson (FL) DeFazio Lofgren, Zoe Sutton Gutierrez Pastor (AZ) Woolsey GRANGER changed their vote from DeGette Lowey ‘‘aye’’ to ‘‘no.’’ DeLauro Luja´ n Thompson (CA) NOES—236 Mr. CARNEY and Ms. EDDIE BER- Deutch Lynch Thompson (MS) Dicks Maloney Tierney Adams Chabot Goodlatte NICE JOHNSON of Texas changed their Tonko Aderholt Chaffetz Gosar Doggett Markey vote from ‘‘no’’ to ‘‘aye.’’ Donnelly (IN) Matheson Towns Akin Coble Gowdy Tsongas Alexander Coffman (CO) Granger So the amendment was rejected. Doyle Matsui The result of the vote was announced Edwards McCarthy (NY) Van Hollen Altmire Cole Graves (GA) Vela´ zquez Amash Conaway Graves (MO) Ellison McCollum as above recorded. Visclosky Amodei Cravaack Griffin (AR) Engel McDermott Stated for: Walz (MN) Austria Crawford Griffith (VA) Eshoo McGovern Wasserman Bachus Crenshaw Grimm Mr. AL GREEN of Texas. Mr. Chair, today Fattah McIntyre Schultz Barletta Critz Guinta I was unavoidably detained and missed the Filner McNerney Watt Bartlett Culberson Guthrie Fitzpatrick Meeks following vote: Waxman Barton (TX) Davis (KY) Hall Fortenberry Michaud Bass (NH) Denham Harper Welch (VT)/Rush (IL) Amendment to H.R. Frank (MA) Miller (NC) Welch Benishek Dent Harris 2401. Had I been present, I would have voted Fudge Miller, George Wilson (FL) Berg DesJarlais Hartzler ‘‘yes’’ on this amendment. Garamendi Moore Woolsey Biggert Diaz-Balart Hastings (WA) Ms. LEE of California. Mr. Chair, I was un- Bilbray Dreier Hayworth NOES—229 Bilirakis Duffy Heck able to cast my vote today on the Welch Adams Brooks Davis (KY) Bishop (UT) Duncan (SC) Hensarling amendment to H.R. 2401, the TRAIN Act. Had Aderholt Broun (GA) Denham Black Duncan (TN) Herger I cast my vote I would have voted ‘‘yea.’’ Akin Buchanan Dent Blackburn Ellmers Herrera Beutler Alexander Bucshon DesJarlais AMENDMENT NO. 2 OFFERED BY MR. MCNERNEY Bonner Emerson Holden Altmire Buerkle Diaz-Balart Bono Mack Farenthold Huelskamp The Acting CHAIR. The unfinished Amash Burgess Dold Boren Fincher Huizenga (MI) business is the demand for a recorded Austria Burton (IN) Dreier Boustany Fitzpatrick Hultgren vote on the amendment offered by the Bachus Calvert Duffy Brady (TX) Flake Hunter Barletta Camp Duncan (SC) Brooks Fleischmann Issa gentleman from California (Mr. Bartlett Canseco Duncan (TN) Broun (GA) Fleming Jenkins MCNERNEY) on which further pro- Barton (TX) Capito Ellmers Buchanan Flores Johnson (OH) ceedings were postponed and on which Bass (NH) Carter Emerson Bucshon Forbes Johnson, Sam Benishek Cassidy Farenthold Buerkle Fortenberry Jordan the noes prevailed by voice vote. Berg Chabot Fincher Burgess Foxx Kelly The Clerk will redesignate the Biggert Chaffetz Flake Burton (IN) Franks (AZ) King (IA) amendment. Bilirakis Coble Fleischmann Calvert Frelinghuysen King (NY) The Clerk redesignated the amend- Bishop (UT) Coffman (CO) Fleming Camp Gallegly Kingston Black Cole Flores Campbell Gardner Kinzinger (IL) ment. Blackburn Conaway Forbes Canseco Garrett Kline RECORDED VOTE Bonner Costa Foxx Cantor Gerlach Labrador The Acting CHAIR. A recorded vote Bono Mack Cravaack Franks (AZ) Capito Gibbs Lamborn Boren Crawford Frelinghuysen Carter Gingrey (GA) Lance has been demanded. Boustany Crenshaw Gallegly Cassidy Gohmert Landry A recorded vote was ordered. Brady (TX) Culberson Gardner

VerDate Mar 15 2010 02:02 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.020 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6438 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Garrett Lummis Rogers (AL) [Roll No. 730] Schrader Sutton Walz (MN) Gerlach Lungren, Daniel Rogers (KY) Schwartz Thompson (CA) Wasserman Gibbs E. Rogers (MI) AYES—337 Schweikert Thompson (MS) Schultz Gingrey (GA) Mack Rohrabacher Scott (VA) Thornberry Ackerman Doyle LoBiondo Watt Gohmert Manzullo Rokita Scott, Austin Tiberi Adams Dreier Loebsack Waxman Goodlatte Marchant Rooney Scott, David Tierney Aderholt Duffy Lofgren, Zoe Welch Gosar Marino Ros-Lehtinen Serrano Tipton Akin Edwards Lowey West Gowdy McCarthy (CA) Roskam Sewell Tonko Alexander Ellison Lucas Whitfield Granger McCaul Ross (FL) Shimkus Towns Wilson (FL) Graves (GA) McClintock Royce Andrews Emerson Luetkemeyer Shuster Tsongas ´ Wilson (SC) Graves (MO) McCotter Runyan Austria Engel Lujan Simpson Turner (NY) Wittman Griffin (AR) McHenry Ryan (WI) Baca Eshoo Lynch Sires Turner (OH) Griffith (VA) McKeon Schilling Bachus Farenthold Maloney Slaughter Upton Wolf Grimm McKinley Schmidt Baldwin Farr Manzullo Smith (NE) Van Hollen Womack Guinta McMorris Schock Barletta Fattah Marchant Smith (NJ) Vela´ zquez Woolsey Guthrie Rodgers Schweikert Barrow Filner Marino Smith (WA) Visclosky Yoder Hall Meehan Scott (SC) Barton (TX) Fincher Markey Stark Walberg Young (FL) Harper Mica Scott, Austin Bass (CA) Fitzpatrick Matsui Stivers Walden Young (IN) Harris Miller (FL) Sensenbrenner Bass (NH) Fleischmann McCarthy (CA) Hartzler Miller (MI) Sessions Becerra Fleming McCarthy (NY) NOES—76 Benishek Flores McCaul Hastings (WA) Miller, Gary Shimkus Altmire Huelskamp Pearce Berg Forbes McCollum Hayworth Mulvaney Shuster Amash Jenkins Pitts Berkley Fortenberry McCotter Hensarling Murphy (PA) Simpson Amodei King (IA) Poe (TX) Berman Foxx McDermott Herger Myrick Smith (NE) Bartlett King (NY) Biggert Frank (MA) McGovern Pompeo Herrera Beutler Neal Smith (TX) Brady (TX) Kingston Bilbray Frelinghuysen McIntyre Quayle Huelskamp Neugebauer Southerland Brooks Kinzinger (IL) Bilirakis Fudge McKeon Rahall Huizenga (MI) Noem Stearns Broun (GA) Labrador Bishop (GA) Gallegly McKinley Reed Hultgren Nugent Stivers Canseco Lamborn Bishop (NY) Garamendi McMorris Rohrabacher Hunter Nunes Stutzman Chabot Lankford Bishop (UT) Gardner Rodgers Roskam Hurt Nunnelee Sullivan Coffman (CO) Lewis (CA) Black Garrett McNerney Ross (FL) Issa Olson Terry DesJarlais Long Blackburn Gerlach Meehan Royce Jenkins Owens Thompson (PA) Duncan (SC) Lummis Blumenauer Gibbs Meeks Runyan Johnson (OH) Palazzo Thornberry Duncan (TN) Lungren, Daniel Bonner Gibson Michaud Scott (SC) Johnson, Sam Pearce Tiberi Ellmers E. Bono Mack Gingrey (GA) Miller (MI) Sensenbrenner Jones Pence Tipton Flake Mack Boren Gonzalez Miller (NC) Jordan Peterson Turner (NY) Franks (AZ) Matheson Sessions Boswell Goodlatte Miller, George Kelly Petri Turner (OH) Gohmert McClintock Smith (TX) Boustany Gosar Moore King (IA) Pitts Upton Gowdy McHenry Southerland Brady (PA) Granger Moran King (NY) Platts Walberg Graves (GA) Mica Stearns Braley (IA) Green, Al Murphy (CT) Kingston Poe (TX) Walden Graves (MO) Miller (FL) Stutzman Brown (FL) Green, Gene Murphy (PA) Kinzinger (IL) Pompeo Walsh (IL) Griffith (VA) Miller, Gary Terry Buchanan Griffin (AR) Myrick Kline Posey Webster Harper Mulvaney Thompson (PA) Bucshon Grijalva Nadler Labrador Price (GA) West Harris Neugebauer Walsh (IL) Buerkle Grimm Napolitano Lamborn Quayle Westmoreland Hartzler Noem Webster Burgess Guinta Neal Landry Rahall Whitfield Hastings (WA) Nugent Westmoreland Burton (IN) Guthrie Nunes Lankford Reed Wilson (SC) Heck Palazzo Woodall Latham Rehberg Wittman Butterfield Gutierrez Nunnelee LaTourette Renacci Wolf Calvert Hahn Olson NOT VOTING—20 Latta Ribble Womack Camp Hall Olver Campbell Hanabusa Owens Bachmann Honda Shuler Lewis (CA) Rigell Woodall Chu Hurt Speier Long Rivera Yoder Cantor Hanna Pallone Conyers Paul Sullivan Lucas Roby Young (FL) Capito Hastings (FL) Pascrell Dingell Polis Waters Luetkemeyer Roe (TN) Young (IN) Capps Hayworth Pastor (AZ) Capuano Heinrich Paulsen Giffords Reichert Yarmuth NOT VOTING—20 Cardoza Hensarling Payne Herger Scalise Young (AK) Carnahan Herrera Beutler Pelosi Hirono Sherman Bachmann Giffords Scalise Carney Higgins Pence Campbell Hirono Shuler Carson (IN) Himes Perlmutter Cantor Honda Speier Carter Hinchey Peters b 1206 Chu Paul Waters Cassidy Hinojosa Peterson Conyers Polis Mr. JONES changed his vote from Yarmuth Castor (FL) Hochul Petri Dingell Reichert Young (AK) Chaffetz Holden Pingree (ME) ‘‘no’’ to ‘‘aye.’’ Farr Richmond Chandler Holt Platts So the amendment was agreed to. Cicilline Hoyer Posey The result of the vote was announced b 1202 Clarke (MI) Huizenga (MI) Price (GA) as above recorded. Clarke (NY) Hultgren Price (NC) Messrs. HANNA and FITZPATRICK Clay Hunter Quigley PERSONAL EXPLANATION changed their vote from ‘‘no’’ to ‘‘aye.’’ Cleaver Inslee Rangel Mr. HURT. Mr. Chair, on rollcall No. 729, Clyburn Israel Rehberg So the amendment was rejected. Coble Issa Renacci 730, I was inadvertently detained. Had I been The result of the vote was announced Cohen Jackson (IL) Reyes present, I would have voted ‘‘no’’ on rollcall as above recorded. Cole Jackson Lee Ribble 729 and ‘‘yes’’ on rollcall 730. Conaway (TX) Richardson AMENDMENT NO. 3 OFFERED BY MS. MOORE Connolly (VA) Johnson (GA) Richmond AMENDMENT NO. 4 OFFERED BY MRS. CAPPS The Acting CHAIR. The unfinished Cooper Johnson (IL) Rigell The Acting CHAIR. The unfinished business is the demand for a recorded Costa Johnson (OH) Rivera business is the demand for a recorded Costello Johnson, E. B. Roby vote on the amendment offered by the Courtney Johnson, Sam Roe (TN) vote on the amendment offered by the gentlewoman from Wisconsin (Ms. Cravaack Jones Rogers (AL) gentlewoman from California (Mrs. MOORE) on which further proceedings Crawford Jordan Rogers (KY) CAPPS) on which further proceedings Crenshaw Kaptur Rogers (MI) were postponed and on which the ayes Critz Keating Rokita were postponed and on which the noes prevailed by voice vote. Crowley Kelly Rooney prevailed by voice vote. The Clerk will redesignate the Cuellar Kildee Ros-Lehtinen The Clerk will redesignate the amendment. Culberson Kind Ross (AR) amendment. Cummings Kissell Rothman (NJ) The Clerk redesignated the amend- Davis (CA) Kline Roybal-Allard The Clerk redesignated the amend- ment. Davis (IL) Kucinich Ruppersberger ment. Davis (KY) Lance Rush RECORDED VOTE RECORDED VOTE DeFazio Landry Ryan (OH) The Acting CHAIR. A recorded vote DeGette Langevin Ryan (WI) The Acting CHAIR. A recorded vote has been demanded. DeLauro Larsen (WA) Sa´ nchez, Linda has been demanded. Denham Larson (CT) T. A recorded vote was ordered. Dent Latham Sanchez, Loretta A recorded vote was ordered. The Acting CHAIR. This will be a 2- Deutch LaTourette Sarbanes The Acting CHAIR. This will be a 2- minute vote. Diaz-Balart Latta Schakowsky minute vote. The vote was taken by electronic de- Dicks Lee (CA) Schiff The vote was taken by electronic de- Doggett Levin Schilling vice, and there were—ayes 337, noes 76, Dold Lewis (GA) Schmidt vice, and there were—ayes 195, noes 221, not voting 20, as follows: Donnelly (IN) Lipinski Schock not voting 17, as follows:

VerDate Mar 15 2010 04:10 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.022 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6439 [Roll No. 731] Griffin (AR) Manzullo Rogers (MI) Bilirakis Griffith (VA) Olson Griffith (VA) Marchant Rohrabacher Bishop (GA) Grimm Palazzo AYES—195 Grimm Marino Rokita Bishop (UT) Guinta Paulsen Ackerman Gerlach Olver Guinta Matheson Rooney Black Guthrie Pearce Altmire Gibson Pallone Guthrie McCarthy (CA) Ros-Lehtinen Blackburn Hall Pence Andrews Green, Al Pascrell Hall McCaul Roskam Bonner Hanna Peterson Baca Grijalva Pastor (AZ) Harper McClintock Ross (FL) Bono Mack Harper Petri Bachus Gutierrez Payne Harris McHenry Royce Boren Harris Pitts Hartzler McKeon Baldwin Hahn Pelosi Ryan (WI) Boswell Hartzler Platts Hastings (WA) McKinley Boustany Hastings (WA) Barrow Hanabusa Perlmutter Schmidt Poe (TX) Hayworth McMorris Brooks Hayworth Bass (CA) Hanna Peters Schock Pompeo Heck Rodgers Broun (GA) Heck Posey Becerra Hastings (FL) Peterson Schweikert Hensarling Mica Buchanan Hensarling Price (GA) Berkley Heinrich Pingree (ME) Scott (SC) Herger Miller (FL) Bucshon Herger Quayle Berman Higgins Platts Scott, Austin Bishop (GA) Himes Polis Herrera Beutler Miller (MI) Buerkle Herrera Beutler Rehberg Sensenbrenner Bishop (NY) Hinchey Price (NC) Huelskamp Miller, Gary Burgess Hinojosa Renacci Sessions Blumenauer Hinojosa Quigley Huizenga (MI) Mulvaney Burton (IN) Holden Reyes Shimkus Boren Hochul Rahall Hultgren Murphy (PA) Calvert Huelskamp Ribble Shuster Boswell Holden Rangel Hunter Myrick Camp Huizenga (MI) Richardson Brady (PA) Holt Reyes Hurt Neugebauer Simpson Campbell Hultgren Richmond Braley (IA) Hoyer Richardson Issa Noem Smith (NE) Canseco Hunter Rigell Brown (FL) Inslee Richmond Jenkins Nugent Smith (TX) Cantor Hurt Rivera Buchanan Israel Ross (AR) Johnson (IL) Nunes Southerland Capito Issa Roby Butterfield Jackson (IL) Rothman (NJ) Johnson (OH) Nunnelee Stearns Cardoza Jackson Lee Roe (TN) Capps Jackson Lee Roybal-Allard Johnson, Sam Olson Stutzman Carney (TX) Rogers (AL) Capuano (TX) Runyan Jones Owens Sullivan Carter Jenkins Rogers (KY) Carnahan Johnson (GA) Ruppersberger Jordan Palazzo Terry Cassidy Johnson (IL) Rogers (MI) Carney Johnson, E. B. Rush Kelly Paulsen Thompson (PA) Chabot Johnson (OH) Rohrabacher Carson (IN) Kaptur Ryan (OH) King (IA) Pearce Thornberry Chaffetz Johnson, Sam Rokita Castor (FL) Keating Sa´ nchez, Linda King (NY) Pence Tipton Chandler Jones Rooney Kingston Chandler Kildee T. Petri Turner (NY) Coble Jordan Ros-Lehtinen Kinzinger (IL) Pitts Cicilline Kind Sanchez, Loretta Turner (OH) Coffman (CO) Kelly Roskam Kline Poe (TX) Clarke (MI) Kissell Sarbanes Upton Cole King (IA) Ross (AR) Labrador Pompeo Conaway King (NY) Clarke (NY) Kucinich Schakowsky Walberg Ross (FL) Lamborn Posey Costa Kingston Clay Lance Schiff Walden Royce Landry Price (GA) Costello Kinzinger (IL) Cleaver Langevin Schilling Walsh (IL) Runyan Lankford Quayle Cravaack Kissell Clyburn Larsen (WA) Schrader West Ruppersberger Latham Reed Crawford Kline Cohen Larson (CT) Schwartz Ryan (WI) Latta Rehberg Westmoreland Crenshaw Labrador Connolly (VA) LaTourette Scott (VA) Schilling Lewis (CA) Renacci Whitfield Critz Lamborn Cooper Lee (CA) Scott, David Schmidt Long Ribble Wilson (SC) Cuellar Lance Costello Levin Serrano Schock Lucas Rigell Wittman Culberson Landry Courtney Lewis (GA) Sewell Schweikert Luetkemeyer Rivera Womack Davis (KY) Lankford Crowley Lipinski Sherman Scott (SC) Lummis Roby Woodall DeFazio Larsen (WA) Cuellar LoBiondo Sires Scott, Austin Lungren, Daniel Roe (TN) Yoder Denham Latham Cummings Loebsack Slaughter Scott, David Davis (CA) Lofgren, Zoe Smith (NJ) E. Rogers (AL) Young (FL) Dent LaTourette Mack Rogers (KY) Young (IN) DesJarlais Latta Sensenbrenner Davis (IL) Lowey Smith (WA) Sessions DeFazio Luja´ n Stark Diaz-Balart Lewis (CA) NOT VOTING—17 Dold Lipinski Sewell DeGette Lynch Stivers Shimkus Bachmann Honda Speier Donnelly (IN) LoBiondo DeLauro Maloney Sutton Shuster Dent Markey Chu Miller, George Waters Dreier Long Thompson (CA) Simpson Deutch Matsui Thompson (MS) Conyers Paul Webster Duffy Lucas Smith (NE) Dicks McCarthy (NY) Tiberi Dingell Reichert Yarmuth Duncan (SC) Luetkemeyer Smith (NJ) Doggett McCollum Tierney Giffords Scalise Duncan (TN) Luja´ n Young (AK) Smith (TX) Donnelly (IN) McCotter Tonko Hirono Shuler Ellmers Lummis Southerland Doyle McDermott Towns Emerson Lungren, Daniel Stearns Edwards McGovern Tsongas Farenthold E. b 1211 Stivers Ellison McIntyre Van Hollen Fincher Mack Stutzman Engel McNerney Vela´ zquez So the amendment was rejected. Fitzpatrick Manzullo Sullivan Eshoo Meehan Visclosky Flake Marchant The result of the vote was announced Terry Farr Meeks Walz (MN) Fleischmann Marino as above recorded. Thompson (MS) Fattah Michaud Wasserman Fleming Matheson Filner Miller (NC) Schultz AMENDMENT NO. 5 OFFERED BY MR. KINZINGER Flores McCarthy (CA) Thompson (PA) Fitzpatrick Moore Watt OF ILLINOIS Forbes McCaul Thornberry Tiberi Fortenberry Moran Waxman The Acting CHAIR. The unfinished Fortenberry McClintock Frank (MA) Murphy (CT) Welch Foxx McCotter Tipton Frelinghuysen Nadler Wilson (FL) business is the demand for a recorded Franks (AZ) McHenry Turner (NY) Fudge Napolitano Wolf vote on the amendment offered by the Frelinghuysen McIntyre Turner (OH) Garamendi Neal Woolsey gentleman from Illinois (Mr. Gallegly McKeon Upton Gardner McKinley Walberg NOES—221 KINZINGER) on which further pro- Garrett McMorris Walden ceedings were postponed and on which Gerlach Rodgers Walsh (IL) Adams Burton (IN) Duffy the ayes prevailed by voice vote. Gibbs Meehan Walz (MN) Aderholt Calvert Duncan (SC) Gibson Mica Webster Akin Camp Duncan (TN) The Clerk will redesignate the Gingrey (GA) Miller (FL) West Alexander Campbell Ellmers amendment. Gonzalez Miller (MI) Westmoreland Amash Canseco Emerson Goodlatte Miller, Gary Whitfield Amodei Cantor Farenthold The Clerk redesignated the amend- ment. Gosar Mulvaney Wilson (SC) Austria Capito Fincher Gowdy Murphy (PA) Wittman Barletta Cardoza Flake RECORDED VOTE Granger Myrick Wolf Bartlett Carter Fleischmann The Acting CHAIR. A recorded vote Graves (GA) Neugebauer Womack Barton (TX) Cassidy Fleming Graves (MO) Noem Woodall Bass (NH) Chabot Flores has been demanded. Green, Al Nugent Yoder Benishek Chaffetz Forbes A recorded vote was ordered. Green, Gene Nunes Young (FL) Berg Coble Foxx Griffin (AR) Nunnelee Young (IN) Biggert Coffman (CO) Franks (AZ) The Acting CHAIR. This will be a 2- minute vote. Bilbray Cole Gallegly NOES—145 Bilirakis Conaway Gardner The vote was taken by electronic de- Bishop (UT) Costa Garrett vice, and there were—ayes 269, noes 145, Ackerman Capps Connolly (VA) Black Cravaack Gibbs Andrews Capuano Cooper Blackburn Crawford Gingrey (GA) not voting 19, as follows: Baca Carnahan Courtney Bonner Crenshaw Gohmert [Roll No. 732] Baldwin Carson (IN) Crowley Bono Mack Critz Gonzalez Becerra Castor (FL) Cummings Boustany Culberson Goodlatte AYES—269 Berkley Cicilline Davis (CA) Brady (TX) Davis (KY) Gosar Adams Amodei Barton (TX) Berman Clarke (MI) Davis (IL) Brooks Denham Gowdy Aderholt Austria Bass (NH) Bishop (NY) Clarke (NY) DeGette Broun (GA) DesJarlais Granger Akin Bachus Benishek Blumenauer Clay DeLauro Bucshon Diaz-Balart Graves (GA) Alexander Barletta Berg Brady (PA) Cleaver Deutch Buerkle Dold Graves (MO) Altmire Barrow Biggert Brown (FL) Clyburn Dicks Burgess Dreier Green, Gene Amash Bartlett Bilbray Butterfield Cohen Doggett

VerDate Mar 15 2010 02:54 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.025 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6440 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Doyle Lewis (GA) Rangel Camp Hastings (WA) Pitts Hoyer McIntyre Sa´ nchez, Linda Edwards Loebsack Reed Campbell Hayworth Platts Inslee McNerney T. Ellison Lofgren, Zoe Rothman (NJ) Canseco Heck Poe (TX) Israel Meeks Sanchez, Loretta Engel Lowey Roybal-Allard Cantor Hensarling Pompeo Jackson (IL) Michaud Sarbanes Eshoo Lynch Rush Capito Herger Posey Jackson Lee Miller (NC) Schakowsky Farr Maloney Ryan (OH) Cardoza Herrera Beutler Price (GA) (TX) Miller, George Schiff Fattah Markey Sa´ nchez, Linda Carney Hinojosa Quayle Johnson (GA) Moore Schwartz Filner Matsui T. Carter Hochul Rahall Johnson (IL) Moran Scott (VA) Frank (MA) McCarthy (NY) Sanchez, Loretta Cassidy Holden Reed Johnson, E. B. Murphy (CT) Serrano Fudge McCollum Sarbanes Chabot Huelskamp Rehberg Kaptur Nadler Sherman Garamendi McDermott Schakowsky Chaffetz Huizenga (MI) Renacci Keating Napolitano Sires Grijalva McGovern Schiff Chandler Hultgren Reyes Kildee Neal Slaughter Gutierrez McNerney Schrader Coble Hunter Ribble Kind Olver Smith (WA) Hahn Meeks Schwartz Coffman (CO) Hurt Rigell Kucinich Owens Stark Hanabusa Michaud Scott (VA) Cole Issa Rivera Langevin Pallone Sutton Hastings (FL) Miller (NC) Serrano Larsen (WA) Pascrell Thompson (CA) Conaway Jenkins Roby Heinrich Miller, George Sherman Larson (CT) Pastor (AZ) Thompson (MS) Costa Johnson (OH) Roe (TN) Higgins Moore Sires Costello Johnson, Sam Lee (CA) Payne Tierney Rogers (AL) Himes Moran Slaughter Cravaack Jones Levin Pelosi Tonko Rogers (KY) Hinchey Murphy (CT) Smith (WA) Crawford Jordan Lewis (GA) Perlmutter Towns Rogers (MI) Hochul Nadler Stark Crenshaw Kelly Loebsack Peters Tsongas Rohrabacher Holt Napolitano Sutton Critz King (IA) Lofgren, Zoe Pingree (ME) Van Hollen Rokita Hoyer Neal Thompson (CA) Cuellar King (NY) Lowey Polis Vela´ zquez Inslee Olver Tierney Culberson Kingston Rooney Luja´ n Price (NC) Visclosky Israel Owens Tonko Davis (IL) Kinzinger (IL) Ros-Lehtinen Lynch Quigley Walz (MN) Jackson (IL) Pallone Towns Davis (KY) Kissell Roskam Maloney Rangel Wasserman Johnson (GA) Pascrell Tsongas DeFazio Kline Ross (AR) Markey Richardson Schultz Johnson, E. B. Pastor (AZ) Van Hollen Denham Labrador Ross (FL) Matsui Richmond Watt Kaptur Payne Vela´ zquez Dent Lamborn Royce McCarthy (NY) Rothman (NJ) Waxman Keating Pelosi Visclosky DesJarlais Lance Runyan McCollum Roybal-Allard Welch Kildee Perlmutter Wasserman Diaz-Balart Landry Ruppersberger McDermott Rush Wilson (FL) Kind Peters Schultz Doggett Lankford Ryan (WI) McGovern Ryan (OH) Woolsey Kucinich Pingree (ME) Watt Dold Latham Schilling Langevin Polis Waxman Donnelly (IN) LaTourette Schmidt NOT VOTING—14 Larson (CT) Price (NC) Welch Dreier Latta Schock Bachmann Honda Speier Lee (CA) Quigley Wilson (FL) Duffy Lewis (CA) Schrader Chu Paul Waters Levin Rahall Woolsey Duncan (SC) Lipinski Schweikert Dingell Reichert Yarmuth Duncan (TN) LoBiondo Scott (SC) Giffords Scalise Young (AK) NOT VOTING—19 Ellmers Long Scott, Austin Hirono Shuler Bachmann Giffords Shuler Emerson Lucas Scott, David Bass (CA) Gohmert Speier Farenthold Luetkemeyer Sensenbrenner b 1220 Brady (TX) Hirono Waters Fattah Lummis Sessions Braley (IA) Honda Yarmuth Fincher Lungren, Daniel Sewell Ms. BERKLEY changed her vote from Chu Paul Young (AK) Fitzpatrick E. Shimkus ‘‘no’’ to ‘‘aye.’’ Conyers Reichert Fleischmann Mack Shuster So the amendment was agreed to. Dingell Scalise Fleming Manzullo Simpson The result of the vote was announced Flores Marchant Smith (NE) Forbes Marino Smith (NJ) as above recorded. b 1215 Fortenberry Matheson Smith (TX) AMENDMENT NO. 7 OFFERED BY MR. HASTINGS Foxx McCarthy (CA) Mr. HALL changed his vote from Southerland OF FLORIDA Franks (AZ) McCaul Stearns ‘‘no’’ to ‘‘aye.’’ Frelinghuysen McClintock Stivers The Acting CHAIR. The unfinished So the amendment was agreed to. Gallegly McCotter Stutzman business is the demand for a recorded Gardner McHenry The result of the vote was announced Sullivan vote on the amendment offered by the Garrett McKeon Terry as above recorded. Gerlach McKinley gentleman from Florida (Mr. HASTINGS) Thompson (PA) Gibbs McMorris AMENDMENT NO. 6 OFFERED BY MR. DENT Thornberry on which further proceedings were Gibson Rodgers Tiberi postponed and on which the noes pre- The Acting CHAIR. The unfinished Gingrey (GA) Meehan business is the demand for a recorded Gohmert Mica Tipton vailed by voice vote. vote on the amendment offered by the Gonzalez Miller (FL) Turner (NY) The Clerk will redesignate the Goodlatte Miller (MI) Turner (OH) gentleman from Pennsylvania (Mr. Upton amendment. Gosar Miller, Gary The Clerk redesignated the amend- DENT) on which further proceedings Gowdy Mulvaney Walberg were postponed and on which the ayes Granger Murphy (PA) Walden ment. Walsh (IL) prevailed by voice vote. Graves (GA) Myrick RECORDED VOTE Graves (MO) Neugebauer Webster The Clerk will redesignate the Green, Gene Noem West The Acting CHAIR. A recorded vote amendment. Griffin (AR) Nugent Westmoreland has been demanded. The Clerk redesignated the amend- Griffith (VA) Nunes Whitfield A recorded vote was ordered. ment. Grimm Nunnelee Wilson (SC) The Acting CHAIR. This will be a 2- Guinta Olson Wittman RECORDED VOTE Guthrie Palazzo Wolf minute vote. The Acting CHAIR. A recorded vote Hall Paulsen Womack The vote was taken by electronic de- Hanna Pearce Woodall vice, and there were—ayes 165, noes 254, has been demanded. Harper Pence Yoder A recorded vote was ordered. Harris Peterson Young (FL) not voting 14, as follows: The Acting CHAIR. This will be a 2- Hartzler Petri Young (IN) [Roll No. 734] minute vote. AYES—165 NOES—150 The vote was taken by electronic de- Ackerman Carson (IN) DeGette vice, and there were—ayes 269, noes 150, Ackerman Clarke (NY) Engel Andrews Castor (FL) DeLauro Andrews Clay Eshoo not voting 14, as follows: Baca Cicilline Deutch Baca Cleaver Farr Baldwin Clarke (MI) Dicks [Roll No. 733] Baldwin Clyburn Filner Bass (CA) Clarke (NY) Doggett Bass (CA) Cohen Flake AYES—269 Becerra Clay Doyle Becerra Connolly (VA) Frank (MA) Berkley Cleaver Edwards Adams Bass (NH) Boren Berman Conyers Fudge Berman Clyburn Ellison Aderholt Benishek Boswell Bishop (NY) Cooper Garamendi Bishop (GA) Cohen Engel Akin Berg Boustany Blumenauer Courtney Green, Al Bishop (NY) Connolly (VA) Eshoo Alexander Berkley Brady (TX) Brady (PA) Crowley Grijalva Blumenauer Conyers Farr Altmire Biggert Brooks Braley (IA) Cummings Gutierrez Brady (PA) Cooper Fattah Amash Bilbray Broun (GA) Butterfield Davis (CA) Hahn Braley (IA) Costello Filner Amodei Bilirakis Brown (FL) Capps DeGette Hanabusa Brown (FL) Courtney Frank (MA) Austria Bishop (GA) Buchanan Capuano DeLauro Hastings (FL) Butterfield Crowley Fudge Bachus Bishop (UT) Bucshon Carnahan Deutch Heinrich Capps Cummings Garamendi Barletta Black Buerkle Carson (IN) Dicks Higgins Capuano Davis (CA) Green, Al Barrow Blackburn Burgess Castor (FL) Doyle Himes Carnahan Davis (IL) Grijalva Bartlett Bonner Burton (IN) Cicilline Edwards Hinchey Carney DeFazio Gutierrez Barton (TX) Bono Mack Calvert Clarke (MI) Ellison Holt

VerDate Mar 15 2010 04:10 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.026 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6441 Hahn Maloney Rush Pearce Rooney Sullivan Jackson Lee Meehan Sa´ nchez, Linda Hanabusa Markey Ryan (OH) Pence Ros-Lehtinen Terry (TX) Meeks T. Hastings (FL) Matsui Sa´ nchez, Linda Peterson Roskam Thompson (PA) Johnson (GA) Miller (NC) Sanchez, Loretta Heinrich McCarthy (NY) T. Petri Ross (AR) Thornberry Johnson, E. B. Miller, George Sarbanes Higgins McCollum Sanchez, Loretta Pitts Ross (FL) Tiberi Jones Moore Schakowsky Himes McDermott Sarbanes Platts Royce Tipton Kaptur Moran Schiff Hinchey McGovern Schakowsky Poe (TX) Runyan Turner (NY) Keating Murphy (CT) Schrader Hinojosa McNerney Schiff Pompeo Ryan (WI) Turner (OH) Kildee Nadler Schwartz Posey Schilling Hochul Meeks Schrader Upton Kind Napolitano Scott (VA) Holden Michaud Schwartz Price (GA) Schmidt Kissell Neal Scott, David Walberg Holt Miller (NC) Scott (VA) Quayle Schock Kucinich Olver Serrano Walden Hoyer Miller, George Scott, David Rahall Schweikert Lance Owens Sewell Inslee Moore Serrano Reed Scott (SC) Walsh (IL) Langevin Pallone Sherman Israel Moran Sewell Rehberg Scott, Austin Webster Larsen (WA) Pascrell Sires Jackson (IL) Murphy (CT) Sherman Renacci Sensenbrenner West Larson (CT) Pastor (AZ) Slaughter Jackson Lee Nadler Sires Reyes Sessions Westmoreland LaTourette Paulsen Smith (WA) (TX) Napolitano Slaughter Ribble Shimkus Whitfield Lee (CA) Payne Stark Johnson (GA) Neal Smith (WA) Rigell Shuster Wilson (SC) Levin Pelosi Sutton Johnson, E. B. Olver Stark Rivera Simpson Wittman Lewis (GA) Perlmutter Thompson (CA) Kaptur Owens Sutton Roby Smith (NE) Wolf Lipinski Peters Thompson (MS) Keating Pallone Thompson (CA) Roe (TN) Smith (NJ) Womack Loebsack Peterson Tierney Kildee Pascrell Thompson (MS) Rogers (AL) Smith (TX) Woodall Lofgren, Zoe Pingree (ME) Tonko Kind Pastor (AZ) Tierney Rogers (KY) Southerland Yoder Lowey Platts Towns Kissell Payne Tonko Rogers (MI) Stearns Young (FL) Luja´ n Polis Tsongas Kucinich Pelosi Towns Rohrabacher Stivers Young (IN) Lynch Price (NC) Van Hollen Langevin Perlmutter Tsongas Rokita Stutzman Maloney Quigley Vela´ zquez Larsen (WA) Peters Van Hollen Markey Rangel Visclosky Larson (CT) Pingree (ME) Vela´ zquez NOT VOTING—14 Matheson Reyes Walz (MN) Lee (CA) Polis Visclosky Bachmann Honda Speier Matsui Richardson Wasserman Levin Price (NC) Walz (MN) Chu Paul Waters McCarthy (NY) Richmond Schultz Lewis (GA) Quigley Wasserman Dingell Reichert Yarmuth McCollum Ross (AR) Watt Lipinski Rangel Schultz Giffords Scalise Young (AK) McDermott Rothman (NJ) Waxman Loebsack Richardson Watt Hirono Shuler McGovern Roybal-Allard Welch Lofgren, Zoe Richmond Waxman McIntyre Ruppersberger Wilson (FL) Lowey Rothman (NJ) Welch b 1224 McNerney Ryan (OH) Woolsey Luja´ n Roybal-Allard Wilson (FL) Lynch Ruppersberger Woolsey So the amendment was rejected. NOES—232 The result of the vote was announced NOES—254 Adams Duncan (TN) Latham as above recorded. Aderholt Ellmers Latta Adams Dent Issa Akin Emerson Lewis (CA) AMENDMENT NO. 8 OFFERED BY MR. CONNOLLY Aderholt DesJarlais Jenkins Alexander Farenthold LoBiondo Akin Diaz-Balart Johnson (IL) OF VIRGINIA. Altmire Fincher Long Alexander Dold Johnson (OH) The Acting CHAIR. The unfinished Amash Flake Lucas Altmire Donnelly (IN) Johnson, Sam business is the demand for a recorded Amodei Fleischmann Luetkemeyer Amash Dreier Jones Austria Fleming Lummis Amodei Duffy Jordan vote on the amendment offered by the Bachus Flores Lungren, Daniel Austria Duncan (SC) Kelly gentleman from Virginia (Mr. CON- Barletta Forbes E. Bachus Duncan (TN) King (IA) NOLLY) on which further proceedings Bartlett Fortenberry Mack Barletta Ellmers King (NY) were postponed and on which the noes Barton (TX) Franks (AZ) Manzullo Barrow Emerson Kingston Bass (NH) Frelinghuysen Marchant Bartlett Farenthold Kinzinger (IL) prevailed by voice vote. Benishek Gallegly Marino Barton (TX) Fincher Kline The Clerk will redesignate the Berg Gardner McCarthy (CA) Bass (NH) Fitzpatrick Labrador amendment. Biggert Garrett McCaul Benishek Flake Lamborn Bilbray Gibbs McClintock Berg Fleischmann Lance The Clerk redesignated the amend- Bilirakis Gingrey (GA) McCotter Biggert Fleming Landry ment. Bishop (UT) Gohmert McHenry Bilbray Flores Lankford RECORDED VOTE Black Goodlatte McKeon Bilirakis Forbes Latham Blackburn Gowdy McKinley Bishop (UT) Fortenberry LaTourette The Acting CHAIR. A recorded vote Bonner Granger McMorris Black Foxx Latta has been demanded. Bono Mack Graves (GA) Rodgers Blackburn Franks (AZ) Lewis (CA) A recorded vote was ordered. Boren Graves (MO) Mica Bonner Frelinghuysen LoBiondo Boustany Green, Gene Michaud Bono Mack Gallegly Long The Acting CHAIR. This will be a 2- Brady (TX) Griffin (AR) Miller (FL) Boren Gardner Lucas minute vote. Brooks Griffith (VA) Miller (MI) Boswell Garrett Luetkemeyer The vote was taken by electronic de- Broun (GA) Grimm Miller, Gary Boustany Gerlach Lummis vice, and there were—ayes 186, noes 232, Bucshon Guinta Mulvaney Brady (TX) Gibbs Lungren, Daniel Buerkle Guthrie Murphy (PA) Brooks Gibson E. not voting 15, as follows: Burgess Hall Myrick Broun (GA) Gingrey (GA) Mack [Roll No. 735] Burton (IN) Hanna Neugebauer Buchanan Gohmert Manzullo Butterfield Harper Noem Bucshon Gonzalez Marchant AYES—186 Calvert Harris Nugent Buerkle Goodlatte Marino Ackerman Cleaver Filner Camp Hartzler Nunes Burgess Gosar Matheson Andrews Clyburn Fitzpatrick Campbell Hastings (WA) Nunnelee Burton (IN) Gowdy McCarthy (CA) Baca Cohen Foxx Canseco Hayworth Olson Calvert Granger McCaul Baldwin Connolly (VA) Frank (MA) Cantor Hensarling Palazzo Camp Graves (GA) McClintock Barrow Conyers Fudge Capito Herger Pearce Campbell Graves (MO) McCotter Bass (CA) Cooper Garamendi Cardoza Herrera Beutler Pence Canseco Green, Gene McHenry Becerra Costello Gerlach Carter Holden Petri Cantor Griffin (AR) McIntyre Berkley Courtney Gibson Cassidy Huelskamp Pitts Capito Griffith (VA) McKeon Berman Crowley Gonzalez Chabot Huizenga (MI) Poe (TX) Cardoza Grimm McKinley Bishop (GA) Cuellar Gosar Chaffetz Hultgren Pompeo Carter Guinta McMorris Bishop (NY) Cummings Green, Al Coble Hunter Posey Cassidy Guthrie Rodgers Blumenauer Davis (CA) Grijalva Coffman (CO) Hurt Price (GA) Chabot Hall Meehan Boswell Davis (IL) Gutierrez Cole Issa Quayle Chaffetz Hanna Mica Brady (PA) DeFazio Hahn Conaway Jenkins Rahall Chandler Harper Miller (FL) Braley (IA) DeGette Hanabusa Costa Johnson (IL) Reed Coble Harris Miller (MI) Brown (FL) DeLauro Hastings (FL) Cravaack Johnson (OH) Rehberg Coffman (CO) Hartzler Miller, Gary Buchanan Dent Heck Crawford Johnson, Sam Renacci Cole Hastings (WA) Mulvaney Capps Deutch Heinrich Crenshaw Jordan Ribble Conaway Hayworth Murphy (PA) Capuano Dicks Higgins Critz Kelly Rigell Costa Heck Myrick Carnahan Doggett Himes Culberson King (IA) Rivera Cravaack Hensarling Neugebauer Carney Donnelly (IN) Hinchey Davis (KY) King (NY) Roby Crawford Herger Noem Carson (IN) Doyle Hinojosa Denham Kingston Roe (TN) Crenshaw Herrera Beutler Nugent Castor (FL) Edwards Hochul DesJarlais Kinzinger (IL) Rogers (AL) Critz Huelskamp Nunes Chandler Ellison Holt Diaz-Balart Kline Rogers (KY) Cuellar Huizenga (MI) Nunnelee Cicilline Engel Hoyer Dold Labrador Rogers (MI) Culberson Hultgren Olson Clarke (MI) Eshoo Inslee Dreier Lamborn Rohrabacher Davis (KY) Hunter Palazzo Clarke (NY) Farr Israel Duffy Landry Rokita Denham Hurt Paulsen Clay Fattah Jackson (IL) Duncan (SC) Lankford Rooney

VerDate Mar 15 2010 02:54 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.028 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6442 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Ros-Lehtinen Simpson Upton Dicks Kissell Reyes Jordan McKeon Schmidt Roskam Smith (NE) Walberg Doggett Kline Ribble Keating Miller, Gary Scott (SC) Ross (FL) Smith (NJ) Walden Dold Kucinich Richardson Kelly Mulvaney Sessions Royce Smith (TX) Walsh (IL) Donnelly (IN) Lance Richmond King (IA) Myrick Shimkus Runyan Southerland Webster Doyle Landry Rigell King (NY) Nunes Simpson Ryan (WI) Stearns West Dreier Langevin Rivera Kingston Nunnelee Southerland Schilling Stivers Westmoreland Duffy Lankford Roby Labrador Palazzo Stivers Schmidt Stutzman Whitfield Duncan (TN) Larsen (WA) Roe (TN) Lamborn Pitts Stutzman Schock Sullivan Wilson (SC) Latta Poe (TX) Edwards Larson (CT) Rogers (AL) Terry Schweikert Terry Wittman Ellison Latham Rogers (KY) Lewis (CA) Pompeo Tiberi Scott (SC) Thompson (PA) Wolf Ellmers LaTourette Rogers (MI) Long Price (GA) Walsh (IL) Scott, Austin Thornberry Womack Emerson Lee (CA) Rohrabacher Marchant Quayle Westmoreland Sensenbrenner Tiberi Woodall Engel Levin Rooney Marino Quigley Sessions Tipton Yoder Eshoo Lewis (GA) Ros-Lehtinen McClintock Rokita Woodall Shimkus Turner (NY) Young (FL) Farenthold Lipinski Roskam McHenry Royce Young (IN) Shuster Turner (OH) Young (IN) Farr LoBiondo Ross (AR) Fattah Loebsack Ross (FL) NOT VOTING—13 NOT VOTING—15 Filner Lofgren, Zoe Rothman (NJ) Bachmann Paul Waters Bachmann Honda Shuler Fincher Lowey Roybal-Allard Carnahan Reichert Yarmuth Chu Paul Speier Fitzpatrick Lucas Runyan Davis (IL) Scalise Young (AK) Dingell Reichert Waters Fleischmann Luetkemeyer Ruppersberger Dingell Shuler Giffords Rush Yarmuth Fleming Luja´ n Rush Giffords Speier Hirono Scalise Young (AK) Flores Lummis Ryan (OH) Forbes Lungren, Daniel Ryan (WI) b 1232 b 1228 Fortenberry E. Sa´ nchez, Linda Frank (MA) Lynch T. Mr. TIPTON changed his vote from So the amendment was rejected. Frelinghuysen Mack Sanchez, Loretta ‘‘no’’ to ‘‘aye.’’ The result of the vote was announced Fudge Maloney Sarbanes So the amendment was agreed to. Garamendi Manzullo Schakowsky as above recorded. Gardner Markey Schiff The result of the vote was announced PERSONAL EXPLANATION Garrett Matheson Schilling as above recorded. Gerlach Matsui Schock AMENDMENT NO. 10 OFFERED BY MR. WHITFIELD Ms. HIRONO. Mr. Chair, had I been present Gibbs McCarthy (CA) Schrader for the following rollcall Nos., I would have Gibson McCarthy (NY) Schwartz The Acting CHAIR. The unfinished voted as follows: 728, yea; 729, yea; 730, yea; Gingrey (GA) McCaul Schweikert business is the demand for a recorded 731, yea; 732, no; 733, no; 734, yea; 735, Gonzalez McCollum Scott (VA) vote on the amendment offered by the Goodlatte McCotter Scott, Austin yea. Granger McDermott Scott, David gentleman from Kentucky (Mr. WHIT- AMENDMENT NO. 9 OFFERED BY MS. JACKSON Green, Al McGovern Sensenbrenner FIELD) on which further proceedings LEE OF TEXAS Green, Gene McIntyre Serrano were postponed and on which the ayes Griffin (AR) McKinley Sewell prevailed by voice vote. The Acting CHAIR. The unfinished Griffith (VA) McMorris Sherman business is the demand for a recorded Grijalva Rodgers Shuster The Clerk will redesignate the vote on the amendment offered by the Grimm McNerney Sires amendment. Guinta Meehan Slaughter gentlewoman from Texas (Ms. JACKSON The Clerk redesignated the amend- Guthrie Meeks Smith (NE) LEE) on which further proceedings were Gutierrez Mica Smith (NJ) ment. postponed and on which the ayes pre- Hahn Michaud Smith (TX) RECORDED VOTE vailed by voice vote. Hall Miller (FL) Smith (WA) The Acting CHAIR. A recorded vote Hanabusa Miller (MI) Stark The Clerk will redesignate the Hanna Miller (NC) Stearns has been demanded. amendment. Harris Miller, George Sullivan A recorded vote was ordered. The Clerk redesignated the amend- Hastings (FL) Moore Sutton The Acting CHAIR. This will be a 2- ment. Hastings (WA) Moran Thompson (CA) Heck Murphy (CT) Thompson (MS) minute vote. RECORDED VOTE Heinrich Murphy (PA) Thompson (PA) The vote was taken by electronic de- The Acting CHAIR. A recorded vote Hensarling Nadler Thornberry vice, and there were—ayes 234, noes 188, Herrera Beutler Napolitano Tierney not voting 11, as follows: has been demanded. Higgins Neal Tipton A recorded vote was ordered. Himes Neugebauer Tonko [Roll No. 737] The Acting CHAIR. This will be a 2- Hinchey Noem Towns AYES—234 minute vote. Hinojosa Nugent Tsongas Hirono Olson Turner (NY) Adams Cardoza Franks (AZ) The vote was taken by electronic de- Hochul Olver Turner (OH) Aderholt Carter Gallegly vice, and there were—ayes 346, noes 74, Holden Owens Upton Akin Cassidy Gardner not voting 13 as follows: Holt Pallone Van Hollen Alexander Chabot Garrett Honda Pascrell Vela´ zquez Altmire Chaffetz Gerlach [Roll No. 736] Hoyer Pastor (AZ) Visclosky Amash Chandler Gibbs AYES—346 Huelskamp Paulsen Walberg Amodei Coble Gingrey (GA) Huizenga (MI) Payne Walden Austria Coffman (CO) Gohmert Ackerman Bono Mack Clay Hurt Pearce Walz (MN) Bachus Cole Goodlatte Adams Boren Cleaver Inslee Pelosi Wasserman Barletta Conaway Gosar Aderholt Boswell Clyburn Israel Pence Schultz Barrow Costello Gowdy Alexander Boustany Coble Issa Perlmutter Watt Bartlett Cravaack Granger Altmire Brady (PA) Coffman (CO) Jackson (IL) Peters Waxman Barton (TX) Crawford Graves (GA) Amodei Braley (IA) Cohen Jackson Lee Peterson Webster Benishek Crenshaw Graves (MO) Andrews Brown (FL) Cole (TX) Petri Welch Berg Critz Griffin (AR) Austria Buchanan Conaway Jenkins Pingree (ME) West Bilirakis Culberson Griffith (VA) Baca Bucshon Connolly (VA) Johnson (GA) Platts Whitfield Bishop (GA) Davis (KY) Grimm Bachus Buerkle Conyers Johnson (IL) Polis Wilson (FL) Bishop (UT) Denham Guinta Baldwin Butterfield Cooper Johnson (OH) Posey Wilson (SC) Black Dent Guthrie Barletta Camp Costello Johnson, E. B. Price (NC) Wittman Blackburn DesJarlais Hall Barrow Campbell Courtney Jones Rahall Wolf Bonner Diaz-Balart Hanna Bartlett Canseco Cravaack Kaptur Rangel Womack Bono Mack Dreier Harper Barton (TX) Cantor Crawford Kildee Reed Woolsey Boren Duffy Harris Bass (CA) Capito Crenshaw Kind Rehberg Yoder Boustany Duncan (SC) Hartzler Bass (NH) Capps Critz Kinzinger (IL) Renacci Young (FL) Brady (TX) Duncan (TN) Hastings (WA) Becerra Capuano Crowley Brooks Ellmers Heck Benishek Cardoza Cuellar NOES—74 Broun (GA) Emerson Hensarling Berkley Carney Culberson Buchanan Farenthold Herger Berman Carson (IN) Cummings Akin Chabot Gowdy Bucshon Fincher Herrera Beutler Biggert Carter Davis (CA) Amash Costa Graves (GA) Buerkle Fitzpatrick Holden Bilbray Cassidy Davis (KY) Berg Denham Graves (MO) Burgess Flake Huelskamp Bilirakis Castor (FL) DeFazio Bishop (UT) Duncan (SC) Harper Calvert Fleischmann Huizenga (MI) Bishop (GA) Chaffetz DeGette Brady (TX) Flake Hartzler Camp Fleming Hultgren Bishop (NY) Chandler DeLauro Brooks Foxx Hayworth Campbell Flores Hunter Black Chu Dent Broun (GA) Franks (AZ) Herger Canseco Forbes Hurt Blackburn Cicilline DesJarlais Burgess Gallegly Hultgren Cantor Fortenberry Issa Blumenauer Clarke (MI) Deutch Burton (IN) Gohmert Hunter Capito Foxx Jenkins Bonner Clarke (NY) Diaz-Balart Calvert Gosar Johnson, Sam

VerDate Mar 15 2010 04:10 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.029 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6443 Johnson (IL) Miller (MI) Royce Sherman Tierney Wasserman McMorris Reed Simpson Johnson (OH) Miller, Gary Ryan (WI) Sires Tonko Schultz Rodgers Rehberg Smith (NE) Johnson, Sam Mulvaney Schilling Slaughter Towns Watt Meehan Renacci Smith (TX) Jones Murphy (PA) Schmidt Smith (NJ) Tsongas Waxman Mica Ribble Southerland Jordan Myrick Schock Smith (WA) Van Hollen Welch Miller (FL) Rigell Stearns Kelly Neugebauer Schweikert Stark Vela´ zquez Wilson (FL) Miller (MI) Rivera Stivers King (IA) Noem Scott (SC) Sutton Visclosky Wittman Miller, Gary Roby Stutzman King (NY) Nugent Scott, Austin Thompson (CA) Walz (MN) Wolf Mulvaney Roe (TN) Sullivan Thompson (MS) Woolsey Kingston Nunes Sensenbrenner Murphy (PA) Rogers (AL) Terry Kinzinger (IL) Nunnelee Sessions Myrick Rogers (KY) Thompson (PA) Kline Olson NOT VOTING—11 Shimkus Neugebauer Rogers (MI) Thornberry Labrador Palazzo Bachmann Reichert Waters Shuster Noem Rohrabacher Tiberi Lamborn Paulsen Dingell Scalise Yarmuth Simpson Nugent Rokita Tipton Landry Pearce Giffords Shuler Young (AK) Smith (NE) Nunes Rooney Turner (NY) Lankford Pence Smith (TX) Paul Speier Latham Peterson Nunnelee Ros-Lehtinen Turner (OH) Southerland Olson Roskam Upton LaTourette Pitts Stearns 1235 Latta Platts b Palazzo Ross (FL) Walberg Stivers Lewis (CA) Poe (TX) Paulsen Royce Walden Stutzman So the amendment was agreed to. Long Pompeo Pearce Ryan (WI) Walsh (IL) Sullivan The result of the vote was announced Lucas Posey Pence Schilling Webster Terry Luetkemeyer Price (GA) as above recorded. Peterson Schmidt West Thompson (PA) Lummis Quayle AMENDMENT NO. 11 OFFERED BY MR. LATTA Petri Schock Westmoreland Lungren, Daniel Rahall Thornberry Tiberi The Acting CHAIR. The unfinished Pitts Schrader Whitfield E. Reed Platts Schweikert Wilson (SC) Mack Rehberg Tipton business is the demand for a recorded Turner (NY) Poe (TX) Scott (SC) Wittman Manzullo Renacci vote on the amendment offered by the Pompeo Scott, Austin Womack Marchant Ribble Turner (OH) gentleman from Ohio (Mr. LATTA) on Posey Sensenbrenner Woodall Marino Rigell Upton Price (GA) Sessions Yoder Matheson Rivera Walberg which further proceedings were post- Quayle Shimkus Young (IN) McCarthy (CA) Roby Walden poned and on which the noes prevailed Rahall Shuster McCaul Roe (TN) Walsh (IL) by voice vote. McClintock Rogers (AL) Webster McCotter Rogers (KY) West The Clerk will redesignate the NOES—192 McHenry Rogers (MI) Westmoreland amendment. Ackerman Frelinghuysen Moore McKeon Rohrabacher Whitfield The Clerk redesignated the amend- Altmire Fudge Moran McKinley Rokita Wilson (SC) ment. Andrews Garamendi Murphy (CT) McMorris Rooney Womack Baca Gonzalez Nadler Rodgers Ros-Lehtinen Woodall RECORDED VOTE Baldwin Green, Al Napolitano Meehan Roskam Yoder The Acting CHAIR. A recorded vote Barrow Green, Gene Neal Young (FL) Mica Ross (AR) Bass (CA) Grijalva Olver Miller (FL) Ross (FL) Young (IN) has been demanded. A recorded vote was ordered. Bass (NH) Gutierrez Owens Becerra Hahn Pallone NOES—188 The Acting CHAIR. This will be a 2- Berkley Hanabusa Pascrell Ackerman Eshoo Maloney minute vote. Berman Hastings (FL) Pastor (AZ) Andrews Farr Markey The vote was taken by electronic de- Bishop (GA) Hayworth Payne Baca Fattah Matsui vice, and there were—ayes 227, noes 192, Bishop (NY) Heinrich Pelosi Baldwin Filner McCarthy (NY) Blumenauer Higgins Perlmutter Bass (CA) Frank (MA) McCollum not voting 14, as follows: Boswell Himes Peters Bass (NH) Frelinghuysen McDermott [Roll No. 738] Brady (PA) Hinchey Pingree (ME) Becerra Fudge McGovern AYES—227 Braley (IA) Hinojosa Polis Berkley Garamendi McIntyre Brown (FL) Hirono Price (NC) Berman Gibson McNerney Adams Culberson Heck Burton (IN) Hochul Quigley Biggert Gonzalez Meeks Aderholt Davis (KY) Hensarling Butterfield Holden Rangel Bilbray Green, Al Michaud Akin Denham Herger Capps Holt Reyes Bishop (NY) Green, Gene Miller (NC) Alexander Dent Herrera Beutler Capuano Honda Richardson Blumenauer Grijalva Miller, George Amash DesJarlais Huelskamp Cardoza Hoyer Richmond Boswell Gutierrez Moore Amodei Diaz-Balart Huizenga (MI) Carnahan Inslee Ross (AR) Brady (PA) Hahn Moran Austria Dreier Hultgren Carney Israel Rothman (NJ) Braley (IA) Hanabusa Murphy (CT) Bachus Duffy Hunter Carson (IN) Jackson (IL) Roybal-Allard Brown (FL) Hastings (FL) Nadler Barletta Duncan (SC) Hurt Castor (FL) Jackson Lee Runyan Burton (IN) Hayworth Napolitano Bartlett Duncan (TN) Issa Chandler (TX) Ruppersberger Butterfield Heinrich Neal Barton (TX) Ellmers Jenkins Chu Johnson (GA) Rush Capps Higgins Olver Benishek Emerson Johnson (IL) Cicilline Johnson, E. B. Ryan (OH) Capuano Himes Owens Berg Farenthold Johnson (OH) Clarke (MI) Kaptur Sa´ nchez, Linda Carnahan Hinchey Pallone Biggert Fincher Johnson, Sam Clarke (NY) Keating T. Carney Hinojosa Pascrell Bilbray Fitzpatrick Jones Clay Kildee Sarbanes Carson (IN) Hirono Pastor (AZ) Bilirakis Flake Jordan Cleaver Kind Schakowsky Castor (FL) Hochul Payne Bishop (UT) Fleischmann Kelly Clyburn Kissell Schiff Chu Holt Pelosi Black Fleming King (IA) Kucinich Schwartz Cicilline Honda Perlmutter Blackburn Flores Cohen King (NY) Clarke (MI) Hoyer Peters Bonner Forbes Connolly (VA) Lance Scott (VA) Kingston Clarke (NY) Inslee Petri Bono Mack Fortenberry Conyers Langevin Scott, David Kinzinger (IL) Clay Israel Pingree (ME) Boren Foxx Cooper Larsen (WA) Serrano Cleaver Jackson (IL) Polis Boustany Franks (AZ) Kline Costa Larson (CT) Sewell Clyburn Jackson Lee Price (NC) Brady (TX) Gardner Labrador Costello Lee (CA) Sherman Cohen (TX) Quigley Brooks Garrett Lamborn Courtney Levin Sires Connolly (VA) Johnson (GA) Rangel Broun (GA) Gerlach Landry Critz Lewis (CA) Slaughter Conyers Johnson, E. B. Reyes Buchanan Gibbs Lankford Crowley Lewis (GA) Smith (NJ) Cooper Kaptur Richardson Bucshon Gibson Latham Cuellar Lipinski Smith (WA) Costa Keating Richmond Buerkle Gingrey (GA) LaTourette Cummings LoBiondo Stark Courtney Kildee Rothman (NJ) Burgess Gohmert Latta Davis (CA) Loebsack Sutton Crowley Kind Roybal-Allard Calvert Goodlatte Long Davis (IL) Lofgren, Zoe Thompson (CA) Cuellar Kissell Runyan Camp Gosar Lucas DeFazio Lowey Thompson (MS) Cummings Kucinich Ruppersberger Campbell Gowdy Luetkemeyer DeGette Luja´ n Tierney Davis (CA) Lance Rush Canseco Granger Lummis DeLauro Lynch Tonko Davis (IL) Langevin Ryan (OH) Cantor Graves (GA) Lungren, Daniel Deutch Maloney Towns DeFazio Larsen (WA) Sa´ nchez, Linda Capito Graves (MO) E. Dicks Markey Tsongas DeGette Larson (CT) T. Carter Griffin (AR) Mack Doggett Matheson Van Hollen DeLauro Lee (CA) Sanchez, Loretta Cassidy Griffith (VA) Manzullo Dold Matsui Vela´ zquez Deutch Levin Sarbanes Chabot Grimm Marchant Donnelly (IN) McCarthy (NY) Visclosky Dicks Lewis (GA) Schakowsky Chaffetz Guinta Marino Doyle McCollum Walz (MN) Doggett Lipinski Schiff Coble Guthrie McCarthy (CA) Edwards McDermott Wasserman Dold LoBiondo Schrader Coffman (CO) Hall McCaul Ellison McGovern Schultz Donnelly (IN) Loebsack Schwartz Cole Hanna McClintock Engel McIntyre Watt Doyle Lofgren, Zoe Scott (VA) Conaway Harper McCotter Eshoo McNerney Waxman Edwards Lowey Scott, David Cravaack Harris McHenry Farr Meeks Welch Ellison Luja´ n Serrano Crawford Hartzler McKeon Fattah Michaud Wilson (FL) Engel Lynch Sewell Crenshaw Hastings (WA) McKinley Filner Miller (NC) Wolf Frank (MA) Miller, George Woolsey

VerDate Mar 15 2010 02:54 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.032 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6444 CONGRESSIONAL RECORD — HOUSE September 23, 2011 NOT VOTING—14 Sherman Thompson (MS) Wasserman b 1243 Shimkus Tierney Schultz Bachmann Reichert Waters Sires Tonko Watt So the amendment was rejected. Dingell Sanchez, Loretta Yarmuth Slaughter Towns Waxman Gallegly Scalise Young (AK) The result of the vote was announced Smith (NJ) Tsongas Welch Giffords Shuler Young (FL) as above recorded. Paul Speier Smith (WA) Van Hollen Wilson (FL) The Acting CHAIR. The question is Stark Vela´ zquez Woolsey Sutton Visclosky on the committee amendment in the b 1239 Thompson (CA) Walz (MN) nature of a substitute, as amended. So the amendment was agreed to. The amendment was agreed to. The result of the vote was announced NOES—237 The Acting CHAIR. Under the rule, as above recorded. Adams Gosar Nugent the Committee rises. Aderholt Gowdy Nunes Accordingly, the Committee rose; AMENDMENT NO. 12 OFFERED BY MS. Akin Granger Nunnelee RICHARDSON Alexander Graves (GA) Olson and the Speaker pro tempore (Mr. The Acting CHAIR (Mrs. EMERSON). Amash Graves (MO) Owens WOODALL) having assumed the chair, The unfinished business is the demand Amodei Green, Gene Palazzo Mrs. EMERSON, Acting Chair of the Austria Griffin (AR) Paulsen Committee of the Whole House on the for a recorded vote on the amendment Bachus Griffith (VA) Pearce offered by the gentlewoman from Cali- Barletta Grimm Pence state of the Union, reported that that Barton (TX) Guinta fornia (Ms. RICHARDSON) on which fur- Petri Committee, having had under consider- Benishek Guthrie ther proceedings were postponed and Pitts ation the bill (H.R. 2401) to require Berg Hall Platts analyses of the cumulative and incre- on which the noes prevailed by voice Biggert Hanna Poe (TX) vote. Bilbray Harper Pompeo mental impacts of certain rules and ac- The Clerk will redesignate the Bilirakis Harris Posey tions of the Environmental Protection Bishop (UT) Hartzler Price (GA) Agency, and for other purposes, and, amendment. Black Hastings (WA) Quayle pursuant to House Resolution 406, re- The Clerk redesignated the amend- Blackburn Hayworth Rahall ment. Bonner Heck Reed ported the bill back to the House with Bono Mack Hensarling Rehberg an amendment adopted in the Com- RECORDED VOTE Boustany Herger Renacci mittee of the Whole. The Acting CHAIR. A recorded vote Brady (TX) Herrera Beutler Ribble Brooks Hinojosa Rigell The SPEAKER pro tempore. Under has been demanded. Broun (GA) Huelskamp the rule, the previous question is or- A recorded vote was ordered. Rivera Buchanan Huizenga (MI) Roby dered. Bucshon Hultgren The Acting CHAIR. This is a 2- Roe (TN) Is a separate vote demanded on any minute vote. Buerkle Hunter Rogers (AL) Burgess Hurt amendment to the amendment re- The vote was taken by electronic de- Rogers (KY) Burton (IN) Issa Rogers (MI) ported from the Committee of the vice, and there were—ayes 181, noes 237, Calvert Jenkins Rohrabacher Camp Johnson (IL) Whole? not voting 15, as follows: Rokita Campbell Johnson (OH) If not, the question is on the com- Rooney [Roll No. 739] Canseco Johnson, Sam Ros-Lehtinen mittee amendment in the nature of a Cantor Jones AYES—181 Roskam substitute, as amended. Capito Jordan Ross (FL) Ackerman Doggett Lofgren, Zoe Carter Kelly The amendment was agreed to. Royce Altmire Dold Lowey Cassidy King (IA) The SPEAKER pro tempore. The ´ Runyan Andrews Donnelly (IN) Lujan Chabot King (NY) Ryan (WI) question is on the engrossment and Baca Doyle Lynch Chaffetz Kingston Schilling third reading of the bill. Baldwin Edwards Maloney Coble Kinzinger (IL) Schmidt Barrow Ellison Markey Coffman (CO) Kline The bill was ordered to be engrossed Schock Bartlett Engel Matsui Cole Labrador and read a third time, and was read the Schrader Bass (CA) Eshoo McCarthy (NY) Conaway Lamborn third time. Bass (NH) Farr McCollum Cravaack Landry Schweikert Becerra Fattah McDermott Crawford Lankford Scott (SC) MOTION TO RECOMMIT Berkley Filner McGovern Crenshaw Latham Scott, Austin Ms. MCCOLLUM. Mr. Speaker, I have Berman Frank (MA) McIntyre Sensenbrenner Cuellar LaTourette a motion to recommit at the desk. Bishop (GA) Fudge McNerney Culberson Latta Sessions Bishop (NY) Garamendi Meeks Davis (KY) Lewis (CA) Shuster The SPEAKER pro tempore. Is the Blumenauer Green, Al Miller (NC) Denham Long Simpson gentlewoman opposed to the bill? Boren Grijalva Miller, George Smith (NE) Dent Lucas Ms. MCCOLLUM. I am opposed to the Boswell Gutierrez Moore Smith (TX) DesJarlais Luetkemeyer bill in its current form, Mr. Speaker. Brady (PA) Hahn Moran Diaz-Balart Lummis Southerland Braley (IA) Hanabusa Murphy (CT) Dreier Lungren, Daniel Stearns The SPEAKER pro tempore. The Brown (FL) Hastings (FL) Nadler Duffy E. Stivers Clerk will report the motion to recom- Butterfield Heinrich Napolitano Duncan (SC) Mack Stutzman mit. Capps Higgins Neal Duncan (TN) Manzullo Sullivan Capuano Himes Olver Ellmers Marchant Terry The Clerk read as follows: Cardoza Hinchey Pallone Emerson Marino Thompson (PA) Ms. McCollum moves to recommit the bill Carnahan Hirono Pascrell Farenthold Matheson Thornberry H.R. 2401 to the Committee on Energy and Carney Hochul Payne Fincher McCarthy (CA) Tiberi Commerce with instructions to report the Carson (IN) Holden Pelosi Tipton Fitzpatrick McCaul same back to the House forthwith with the Castor (FL) Holt Perlmutter Flake McClintock Turner (NY) Chandler Honda Peters Fleischmann McCotter Turner (OH) following amendment: Chu Hoyer Peterson Fleming McHenry Upton At the end of the bill, add the following Cicilline Inslee Pingree (ME) Flores McKeon Walberg new section: Clarke (MI) Israel Price (NC) Forbes McKinley Walden SEC. 7. PROTECTING GREAT LAKES DRINKING Clarke (NY) Jackson (IL) Quigley Fortenberry McMorris Walsh (IL) WATER FROM TOXIC SUBSTANCES. Clay Jackson Lee Rangel Foxx Rodgers Webster The Administrator of the Environmental Cleaver (TX) Reyes West Franks (AZ) Meehan Protection Agency shall plan and implement Clyburn Johnson (GA) Richardson Frelinghuysen Mica Westmoreland Cohen Johnson, E. B. Richmond Gardner Michaud Whitfield a strategy, consistent with the Great Lakes Connolly (VA) Kaptur Ross (AR) Garrett Miller (FL) Wilson (SC) Restoration Initiative, using existing au- Conyers Keating Rothman (NJ) Gerlach Miller (MI) Wittman thority as of the date of enactment of this Cooper Kildee Roybal-Allard Gibbs Miller, Gary Wolf Act, to control air pollution to be deposited Costa Kind Ruppersberger Gibson Mulvaney Womack Costello Kissell Rush in the Great Lakes, including toxic pollu- Gingrey (GA) Murphy (PA) Woodall tion, in order to ensure safe drinking water Courtney Kucinich Ryan (OH) Gohmert Myrick Yoder ´ and protection of public health and the envi- Critz Lance Sanchez, Linda Gonzalez Neugebauer Young (FL) Crowley Langevin T. Goodlatte Noem Young (IN) ronment. Cummings Larsen (WA) Sarbanes The SPEAKER pro tempore. The gen- Davis (CA) Larson (CT) Schakowsky NOT VOTING—15 Davis (IL) Lee (CA) Schiff tlewoman from Minnesota is recog- DeFazio Levin Schwartz Bachmann Paul Shuler nized for 5 minutes. DeGette Lewis (GA) Scott (VA) Dingell Polis Speier Ms. MCCOLLUM. Mr. Speaker, let me DeLauro Lipinski Scott, David Gallegly Reichert Waters Deutch LoBiondo Serrano Giffords Sanchez, Loretta Yarmuth be clear, this amendment does not kill Dicks Loebsack Sewell Pastor (AZ) Scalise Young (AK) the bill or send it back to committee.

VerDate Mar 15 2010 02:58 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.033 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6445 If this amendment is adopted, the bill b 1250 what impact it is going to have on jobs; will immediately be voted on for final The initiative is protecting drinking what impact it is going to have on elec- passage. water, it’s restoring fish and wildlife tricity prices; what impact it is going This amendment is about protecting habitat, and it’s supporting the growth to have on electricity reliability, and the Great Lakes, one of America’s of small businesses that depend on will it damage America’s competitive- greatest treasures and important nat- healthy waters. The work under way is ness in the world marketplace. ural resources. For those of us who rep- 300 projects across this region. I would urge passage of this legisla- resent these States adjacent to the Now, my role as a legislator from the tion. Great Lakes, we know and understand Great Lakes region is to do no harm to I yield back the balance of my time. that any harm done to our lakes this effort. The TRAIN Act will make The SPEAKER pro tempore. Without threatens the economy and the health the enforcement of many of the envi- objection, the previous question is or- of our citizens. ronmental protections uncertain, and dered on the motion to recommit. Lake Superior, Lake Huron, Lake it will create confusion in the EPA There was no objection. Michigan, Lake Erie, and Lake Ontario about which public health efforts they The SPEAKER pro tempore. The make up the largest freshwater system can pursue. question is on the motion to recommit. in the entire world. Our Great Lakes And my amendment does not give the The question was taken; and the hold 95 percent of America’s freshwater EPA any new authority. Instead, it di- Speaker pro tempore announced that and 20 percent of the freshwater on the rects the EPA to use its existing au- the noes appeared to have it. planet. thority to do what Republican and Ms. MCCOLLUM. Mr. Speaker, on Over 30 million people rely on the Democratic Governors, mayors, State that I demand the yeas and nays. Great Lakes for their drinking water. legislators and other elected officials The yeas and nays were ordered. There is an estimated 1.5 million jobs in the Great Lakes have agreed upon The SPEAKER pro tempore. Pursu- that are directly connected to the must be done: protect drinking water ant to clause 9 of rule XX, the Chair Great Lakes, and these jobs generate and protect public health. will reduce to 5 minutes the minimum $62 billion in wages. Our job in Congress is to protect the time for any electronic vote on the Over 40 years ago, this critical eco- Great Lakes, not to undo the hard question of passage. system and economic engine was on work of all these Governors and, yes, The vote was taken by electronic de- the verge of collapse. Time magazine industry leaders. My amendment vice, and there were—yeas 180, nays reported in August 1969: ‘‘Lake Erie is makes it clear that the TRAIN Act will 233, not voting 20, as follows: in danger of dying by suffocation.’’ The not prohibit this work from moving [Roll No. 740] days when polluters dumped toxic forward. YEAS—180 Let me be clear, my amendment does chemicals into the air and water with- Ackerman Fattah Michaud out consequence are over. not kill the bill or send it back to com- Altmire Filner Miller (NC) Because of the responsible cleanup mittee. If this amendment is adopted, Andrews Frank (MA) Miller, George it will immediately be voted on on Baca Fudge Moore policies like the Clean Air Act, the Baldwin Garamendi Moran health of the Great Lakes has im- final passage. Barrow Gonzalez Regardless of your position on the Murphy (CT) proved, but threats to the Great Lakes Bass (CA) Green, Al Nadler have not disappeared. Air pollutants TRAIN Act, this amendment makes Becerra Grijalva Napolitano the bill stronger. Regardless of how Berkley Gutierrez Neal like mercury are emitted from power Berman Hahn Olver plants and continue to fall on the you feel about the TRAIN Act, I’m sure Bishop (GA) Hanabusa you agree Congress should protect the Owens ground, wash into the water, and build Bishop (NY) Hastings (FL) Pallone Blumenauer Heinrich up in quantities that threaten the safety of drinking water and continue Pascrell to ensure the viability of the economic Boren Higgins Pastor (AZ) brain development of young children Boswell Himes interests of the Great Lakes. Payne and place limits on the amount of fish Brady (PA) Hinchey Pelosi Braley (IA) Hinojosa Again, let me be clear. This amend- Perlmutter that we can consume. Brown (FL) Hirono ment does not kill the bill. It does not Peters Rising mercury levels is one of the Capps Hochul Peterson send it back to committee. If this Capuano Holden mounting threats that motivated an Pingree (ME) amendment is adopted, it will imme- Cardoza Holt Price (NC) unprecedented coalition into action. Carnahan Honda diately be voted on for final passage. Quigley Governors of the eight Great Lakes Carney Hoyer Colleagues, let us work together, let Rahall Carson (IN) Inslee States, Republicans and Democrats, Rangel us pass this amendment, and let us re- Castor (FL) Israel along with local officials and leaders Reyes store the Great Lakes. Let us protect Chandler Jackson (IL) Richardson from tribal nations, nonprofits and the Chu Jackson Lee America’s public health. Richmond private sector came together to save Mr. WHITFIELD. Mr. Speaker, I Cicilline (TX) the Great Lakes. Clarke (MI) Johnson (GA) Ross (AR) claim the time in opposition to the mo- Clarke (NY) Johnson, E. B. Rothman (NJ) Early last decade, they created a tion. Clay Kaptur Roybal-Allard plan for environmental restoration and The SPEAKER pro tempore. The gen- Cleaver Keating Ruppersberger Clyburn Kildee Ryan (OH) economic recovery of the Great Lakes. tleman from Kentucky is recognized Sa´ nchez, Linda In 2004, President Bush responded to Cohen Kind for 5 minutes. Connolly (VA) Kissell T. this bipartisan effort by issuing an ex- Mr. WHITFIELD. I would say to the Conyers Kucinich Sarbanes ecutive order that called the Great gentlelady that not only are we con- Cooper Langevin Schakowsky Lakes ‘‘a national treasure,’’ and he di- Costa Larsen (WA) Schiff cerned about the Great Lakes, but Costello Larson (CT) Schwartz rected his Cabinet to establish an we’re concerned about every body of Courtney Lee (CA) Scott (VA) interagency task force to report these water in America, and we believe that Critz Levin Scott, David State and local efforts. the TRAIN Act protects that water, Crowley Lewis (GA) Serrano Cuellar Lipinski Sewell Now, Governor Scott Walker of Wis- does not take away any authority from Cummings Loebsack Sherman consin and Governor Mark Dayton of the EPA to deal with water issues. Davis (CA) Lofgren, Zoe Sires Minnesota never agree about politics, The TRAIN Act is very simple. It Davis (IL) Lowey Slaughter and they certainly don’t agree on foot- asks the government commission to DeFazio Luja´ n Smith (WA) DeGette Lynch Stark ball, but as members of the Council of study 14 regulations of EPA. On 12 of DeLauro Maloney Sutton Great Lakes Governors, they agree on them we do not delay them in any way. Deutch Markey Thompson (CA) the need to reduce air and water pollu- On the other two, we delay one for 1 Dicks Matheson Thompson (MS) Dingell Matsui Tierney tion in the Great Lakes. Years of plan- year and the other for 3 years. Doggett McCarthy (NY) Tonko ning and partnership in the Great We have adequate protections in Donnelly (IN) McCollum Towns Lakes region and in Washington are place. We simply think that we should Doyle McDermott Tsongas now making a difference on the ground examine the cumulative impact of the Edwards McGovern Van Hollen Engel McIntyre Vela´ zquez through the Great Lakes Restoration regulations from the most aggressive Eshoo McNerney Visclosky Initiative. EPA in recent memory to determine Farr Meeks Walz (MN)

VerDate Mar 15 2010 02:58 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.085 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6446 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Wasserman Waxman Woolsey Mr. COHEN changed his vote from Schmidt Stearns Walsh (IL) Schultz Welch ‘‘nay’’ to ‘‘yea.’’ Schock Stivers Webster Watt Wilson (FL) Schweikert Stutzman West So the motion to recommit was re- Scott (SC) Sullivan Westmoreland NAYS—233 jected. Scott, Austin Terry Whitfield Adams Goodlatte Nunes The result of the vote was announced Sensenbrenner Thompson (PA) Wilson (SC) Sessions Thornberry Aderholt Gosar Nunnelee as above recorded. Wittman Akin Gowdy Olson Sewell Tiberi Wolf Shimkus Tipton Alexander Granger Palazzo The SPEAKER pro tempore. The Womack Shuster Turner (NY) Amash Graves (GA) Paulsen question is on the passage of the bill. Woodall Simpson Turner (OH) Amodei Graves (MO) Pearce Yoder The question was taken; and the Smith (NE) Upton Austria Green, Gene Pence Speaker pro tempore announced that Smith (NJ) Walberg Young (FL) Bachus Griffin (AR) Petri Southerland Walden Young (IN) Bartlett Griffith (VA) Pitts the ayes appeared to have it. Barton (TX) Grimm Platts RECORDED VOTE NOES—169 Bass (NH) Guinta Poe (TX) Ackerman Green, Al Napolitano Benishek Guthrie Pompeo Mr. HASTINGS of Florida. Mr. Andrews Green, Gene Neal Berg Hall Posey Speaker, I demand a recorded vote. Baca Grijalva Olver Biggert Hanna Price (GA) A recorded vote was ordered. Baldwin Gutierrez Owens Bilbray Harper Quayle Bilirakis Harris The SPEAKER pro tempore. This Bass (CA) Hahn Pallone Reed Bishop (UT) Hartzler Bass (NH) Hanabusa Rehberg will be a 5-minute vote. Pascrell Black Hastings (WA) Becerra Hastings (FL) Renacci The vote was taken by electronic de- Pastor (AZ) Blackburn Hayworth Berkley Hayworth Ribble Payne Bonner Heck vice, and there were—ayes 249, noes 169, Berman Heinrich Rigell Pelosi Bono Mack Hensarling not voting 15, as follows: Biggert Higgins Perlmutter Rivera Bishop (NY) Himes Boustany Herrera Beutler Peters Roby [Roll No. 741] Blumenauer Hinchey Brady (TX) Huelskamp Pingree (ME) Roe (TN) Brady (PA) Hinojosa Brooks Huizenga (MI) AYES—249 Price (NC) Rogers (AL) Braley (IA) Hirono Broun (GA) Hultgren Adams Farenthold Quigley Rogers (KY) Lucas Brown (FL) Hochul Buchanan Hunter Aderholt Fincher Rogers (MI) Luetkemeyer Butterfield Holt Rangel Bucshon Hurt Akin Fitzpatrick Rohrabacher Lummis Capps Honda Reyes Buerkle Issa Alexander Flake Rokita Lungren, Daniel Capuano Hoyer Richardson Burgess Jenkins Altmire Fleischmann Rooney E. Carnahan Inslee Richmond Burton (IN) Johnson (IL) Amash Fleming Mack Ros-Lehtinen Carney Israel Rothman (NJ) Calvert Johnson (OH) Amodei Flores Manzullo Roskam Carson (IN) Jackson (IL) Roybal-Allard Camp Johnson, Sam Austria Forbes Marchant Ross (FL) Castor (FL) Jackson Lee Ruppersberger Campbell Jones Bachus Fortenberry Marino Royce Chu (TX) Rush Canseco Jordan Barletta Foxx Matheson Runyan Cicilline Johnson (GA) Ryan (OH) Cantor Kelly Barrow Franks (AZ) McCarthy (CA) Clarke (MI) Johnson, E. B. Sa´ nchez, Linda Capito King (IA) Ryan (WI) Bartlett Frelinghuysen McCaul Clarke (NY) Kaptur T. Carter King (NY) Schilling Barton (TX) Gardner McClintock Clay Keating Sarbanes Cassidy Kingston Schmidt Benishek Garrett McCotter Cleaver Kildee Schakowsky Chabot Kinzinger (IL) Schock Berg Gerlach McHenry Clyburn Kind Schiff Chaffetz Kline Schweikert Bilbray Gibbs McIntyre Cohen Kissell Coble Labrador Scott (SC) Bilirakis Gibson Schrader McKeon Connolly (VA) Kucinich Coffman (CO) Lamborn Scott, Austin Bishop (GA) Gingrey (GA) Schwartz McKinley Conyers Langevin Cole Lance Sensenbrenner Bishop (UT) Gohmert Scott (VA) McMorris Cooper Larsen (WA) Conaway Landry Sessions Black Goodlatte Scott, David Rodgers Courtney Larson (CT) Cravaack Latham Shimkus Blackburn Gosar Serrano Meehan Crowley Lee (CA) Crawford LaTourette Shuster Bonner Gowdy Sherman Mica Cummings Levin Crenshaw Latta Simpson Bono Mack Granger Sires Miller (FL) Davis (CA) Lewis (GA) Culberson Lewis (CA) Smith (NE) Boren Graves (GA) Slaughter Miller (MI) Davis (IL) Lipinski Davis (KY) LoBiondo Smith (NJ) Boswell Graves (MO) Smith (WA) Miller, Gary DeFazio Loebsack Denham Long Smith (TX) Boustany Griffin (AR) Stark Mulvaney DeGette Lofgren, Zoe Dent Lucas Brady (TX) Griffith (VA) Sutton Southerland Murphy (PA) DeLauro Lowey DesJarlais Luetkemeyer Brooks Grimm Stearns Myrick Deutch Luja´ n Thompson (CA) Diaz-Balart Lummis Broun (GA) Guinta Stivers Neugebauer Dicks Lynch Thompson (MS) Dold Lungren, Daniel Buchanan Guthrie Stutzman Noem Dingell Maloney Tierney Dreier E. Bucshon Hall Sullivan Nugent Doggett Markey Tonko Duffy Mack Buerkle Hanna Terry Nunes Dold Matsui Towns Duncan (SC) Manzullo Burgess Harper Thompson (PA) Nunnelee Doyle McCarthy (NY) Tsongas Duncan (TN) Marchant Burton (IN) Harris Thornberry Olson Edwards McCollum Van Hollen Ellmers Marino Calvert Hartzler Tiberi Palazzo Ellison McDermott Vela´ zquez Emerson McCarthy (CA) Camp Hastings (WA) Tipton Paulsen Engel McGovern Visclosky Farenthold McCaul Campbell Heck Turner (NY) Pearce Eshoo McNerney Walz (MN) Fincher McClintock Canseco Hensarling Turner (OH) Pence Farr Meeks Wasserman Fitzpatrick McCotter Cantor Herger Upton Peterson Fattah Michaud Schultz Flake McHenry Capito Herrera Beutler Walberg Petri Filner Miller (NC) Watt Fleischmann McKeon Cardoza Holden Walden Pitts Frank (MA) Moore Waxman Fleming McKinley Carter Huelskamp Walsh (IL) Platts Fudge Moran Welch Flores McMorris Cassidy Huizenga (MI) Poe (TX) Webster Garamendi Murphy (CT) Wilson (FL) Forbes Rodgers Chabot Hultgren Pompeo West Gonzalez Nadler Woolsey Fortenberry Meehan Chaffetz Hunter Posey Westmoreland Foxx Mica Chandler Hurt Price (GA) Whitfield NOT VOTING—15 Franks (AZ) Miller (FL) Coble Issa Quayle Wilson (SC) Bachmann Polis Smith (TX) Frelinghuysen Miller (MI) Coffman (CO) Jenkins Rahall Wittman Gallegly Reichert Speier Gardner Miller, Gary Cole Johnson (IL) Reed Wolf Giffords Sanchez, Loretta Waters Garrett Mulvaney Conaway Johnson (OH) Rehberg Womack Miller, George Scalise Yarmuth Gerlach Murphy (PA) Costa Johnson, Sam Renacci Woodall Paul Shuler Young (AK) Gibbs Myrick Costello Jones Ribble Yoder Gibson Neugebauer Cravaack Jordan Rigell Gingrey (GA) Noem Young (FL) Crawford Kelly Rivera b 1318 Gohmert Nugent Young (IN) Crenshaw King (IA) Roby So the bill was passed. NOT VOTING—20 Critz King (NY) Roe (TN) Cuellar Kingston Rogers (AL) The result of the vote was announced Bachmann Lankford Schrader Culberson Kinzinger (IL) Rogers (KY) as above recorded. Barletta Paul Shuler Davis (KY) Kline Rogers (MI) Butterfield Polis Speier Denham Labrador Rohrabacher A motion to reconsider was laid on Ellison Reichert Waters Dent Lamborn Rokita the table. Gallegly Rush Yarmuth DesJarlais Lance Rooney Stated for: Giffords Sanchez, Loretta Young (AK) Diaz-Balart Landry Ros-Lehtinen Herger Scalise Donnelly (IN) Lankford Roskam Mr. SMITH of Texas. Mr. Speaker, on roll- Dreier Latham Ross (AR) call No. 741 I inadvertently missed the final Duffy LaTourette Ross (FL) passage of H.R. 2401, the ‘‘Transparency in b 1311 Duncan (SC) Latta Royce Regulatory Analysis of Impacts on the Nation’’ Duncan (TN) Lewis (CA) Runyan Mr. MEEHAN changed his vote from Ellmers LoBiondo Ryan (WI) (TRAIN Act) on Friday, September 23. Had I ‘‘yea’’ to ‘‘nay.’’ Emerson Long Schilling been present, I would have voted ‘‘yes.’’

VerDate Mar 15 2010 02:58 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A23SE7.036 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6447 ADJOURNMENT TO MONDAY, rorism, which the world rightly re- The Treasury Department has stated SEPTEMBER 26, 2011 jected. Now that they are nonviolently that Hezbollah’s operating center is in Mr. WALDEN. Mr. Speaker, I ask following the internationally recog- the tri-border region of Brazil, Argen- unanimous consent that when the nized process to gain statehood, why tina, and Paraguay. Hezbollah’s state House adjourns today, it adjourn to we are discouraging them? sponsor, Iran, has opened six embassies meet at noon on Monday, September A Palestinian state is in the national in South America over the last 5 years. 26, 2011, and further when the House ad- interests of everyone. It would help When the lives of Americans could journs on that day, it shall meet at 11 stabilize the Middle East. It would help face threats from Iran’s growing reach a.m. on Thursday, September 29, 2011. end Israel’s diplomatic isolation. It through Hezbollah, why would this ad- The SPEAKER pro tempore. Is there would deal a devastating blow to al ministration even consider giving objection to the request of the gen- Qaeda and Hamas, which refuse to rec- President Ahmadinejad a visa to at- tleman from Oregon? ognize Israel. Recognizing Palestine tend the United Nations General As- There was no objection. would reaffirm Israel’s own status. sembly meeting? f f [From Kronos] THE AL-QA’IDA-QODS FORCE NEXUS b 1320 MISSISSIPPI GULF COAST HONOR FLIGHT SCRATCHING THE SURFACE OF A ‘‘KNOWN PAKISTAN—DISLOYAL ALLY UNKNOWN’’ (Mr. PALAZZO asked and was given (Mr. POE of Texas asked and was Kronos is a strategic advisory firm founded permission to address the House for 1 given permission to address the House by Congressional Medal of Honor recipient minute.) MajGen James E. Livingston, USMC (Ret), for 1 minute.) Mallory Factor, and Michael S. Smith II to Mr. POE of Texas. Mr. Speaker, ever Mr. PALAZZO. Mr. Speaker, since the first Honor Flight to bring World provide global stakeholders the situational since we found Osama bin Laden living awareness solutions they need to address the high life in Abbottabad, we’ve had War II era veterans from the Mis- sissippi gulf coast to Washington, D.C. strategic and tactical threats to their inter- our suspicions about Pakistan. Turns ests. We help our clients achieve their orga- out they are disloyal, deceptive, and a on May 11, almost 200 veterans have nizational goals by providing them the re- danger to the United States. This so- had the opportunity to see the memo- sources they need to better understand and called ally takes billions in U.S. aid, rial built in their honor. I was privi- define their operational environments—rath- while at the same time supporting the leged to walk and speak with the er than allowing their organizational capa- Greatest Generation this week as they bilities and goals to be defined by them. militants who attack us. Kronos harnesses the resources of a diverse According to Admiral Mike Mullen, remembered the sacrifices that pre- served our freedom and liberated the international network of talented profes- the Pakistani Government supported sionals with highly valuable skill sets who the groups who were behind the truck world from tyranny and oppression. have extensive experience helping officials bombing attack that wounded more This generation of men and women address complex national security threats, than 70 U.S. and NATO troops and the fought and secured America’s future both domestic and foreign. recent attack on the U.S. embassy. with unwavering courage. Their self- Kronos investigative project case teams This should be the last rodeo for less sacrifices to their country and sto- consist of counter-intelligence professionals, ries of heroism inspired future genera- accomplished field investigators, seasoned Pakistan. security analysts, and preeminent subject Last night I introduced legislation to tions to join the armed services. In my life, it was a grandfather, a experts. We seek to help our clients detect, freeze all U.S. aid to Pakistan with the deter, and neutralize eminent challenges exception of funds that are designated marine Guadalcanal veteran, whose posed by gray area phenomena and collusive to help secure their nuclear weapons. story encouraged me to join and serve adversarial regimes. By sending aid to Pakistan, we are in the Marine Corps. As we honor those Through independent missions, our teams funding the enemy, endangering Amer- who fought to protect America’s collect and analyze unique and often other- icans, and undermining our efforts in exceptionalism, I also want to recog- wise inaccessible information that reveals key threat features like emerging partner- the region. nize those Honor Flight volunteers who worked so tirelessly to preserve the ships, operational capabilities and the objec- We pay them to hate us. Now we pay tives of transnational terrorist networks. them to bomb us. Let’s not pay them legacy of the Greatest Generation. Our teams also gather information that ex- at all. f poses implications of important emerging And that’s just the way it is. THE AL QAEDA-QODS FORCE theater-specific and regional trends. We then f use this data to produce tailor made stra- NEXUS tegic threat assessments that provide holis- PALESTINIAN STATEHOOD (Mr. DUNCAN of South Carolina tic explanations of imminent threats, and (Mr. ELLISON asked and was given asked and was given permission to ad- can be used by officials to identify new op- permission to address the House for 1 dress the House for 1 minute and to re- portunities to reduce them. vise and extend his remarks.) Kronos is strongly positioned to assist pri- minute.) vate companies who support official mis- Mr. ELLISON. Mr. Speaker, I rise Mr. DUNCAN of South Carolina. Mr. sions, defense and intelligence organizations today to support the Palestinian Speaker, with the U.N. General Assem- operating in mission critical zones, as well Authority’s bid for statehood at the bly meeting in New York this week and as policy makers in Washington. Our prin- United Nations. Supporting a Pales- with Mahmoud Ahmadinejad of the Is- cipals can also help officials identify stra- tinian state is the right thing to do, lamic Republic of Iran giving his usual tegic opportunities to strengthen relation- and now is the right time to do it. It is anti-American rant yesterday, I would ships with key foreign partners. wholly consistent with American val- like to make a few points about my THE AL-QA’IDA–QODS FORCE NEXUS ues. We have supported people’s aspira- concerns over Iran’s strategic aims in ISSUE SUMMARY, KRONOSADVISORY.COM tions for freedom and democracy the Middle East and here in the West- around the world, and we should not ern Hemisphere. Despite a nearly decade-long effort to dis- My friends at Kronos Advisory, in- mantle al-Qa’ida and its affiliates, these ter- treat the Palestinian people dif- rorists still pose the most immediate threats ferently. cluding Medal of Honor winner Major to America’s security. Al-Qa’ida and affili- There is global support for a Pales- General James Livingston of Mount ated movements also threaten many other tinian state. More people around the Pleasant, South Carolina, released major and emerging powers alike. Yet one world support a Palestinian state than their Al Qaeda-Qods Force Nexus re- ascendant power, Iran, has quietly forged a oppose it, including Americans. Sev- port in April, the text of which I ask to strong working relationship with Core al- enty percent of Israelis would accept a be inserted into the RECORD. Their re- Qa’ida’s leaders. This relationship has been Palestinian state if the U.N. approved port goes to the heart of the matter de- established to counter American influence in tailing that ‘‘Iran has quietly forged a the Middle East and South Asia. Through it, it. Last year, President Obama said he Iran will likely also help al-Qa’ida mobilize hoped to see a Palestinian state admit- strong working relationship with core terrorists to carry out attacks against the ted to the United Nations. al Qaeda leaders.’’ U.S. and our allies, providing the support re- Previously, Palestinians sought I am greatly concerned about Iran’s quired to extend al-Qa’ida’s operational statehood through violence and ter- growing influence in Latin America. reach.

VerDate Mar 15 2010 02:58 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.091 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6448 CONGRESSIONAL RECORD — HOUSE September 23, 2011 Attention to the longstanding ties between Additionally, its author provides a list of So I had a chance to visit during our top Iranian officials and al-Qa’ida leaders, recommended action items for Members of last district work period, I took a day including Osama bin Laden’s top lieutenant, the United States Congress, as well as a list and visited a place called Hanford, Ayman al-Zawahiri, has been eschewed by a of questions that may help Members develop Washington. Hanford, Washington was pervasive fundamental attribution error: a better understanding of this issue through ‘‘Shiite Iran will not work with Sunni mili- interactions with defense and intelligence of- part of the Manhattan Project. Hanford tants comprising the ranks of al-Qa’ida.’’ ficials. was the site that the U.S. military This assessment fully ignores readily avail- f picked to help produce plutonium. The able evidence to the contrary. Indeed, such ‘‘Fat Man’’ bomb was developed there. relationships span back to the early 1990s, REMOVAL OF NAME OF MEMBER That area was picked for a lot of rea- when top officials from the Iranian Revolu- AS COSPONSOR OF H.R. 639 sons. There weren’t a lot of people tionary Guards Corps’ clandestine Qods there. As you can see, the Columbia Force, working in concert with Iran’s chief Mr. SCOTT of South Carolina. Mr. global terrorist proxy, Lebanese Hizballah, Speaker, I ask unanimous consent to River is right next to it. You had some began training and equipping bin Laden’s remove my name as a cosponsor of H.R. low-cost power production, and so it warriors. Then, following the 1996 attack on 639, the Currency Reform for Fair was a good site. And, hence, people got the Khobar Towers in Saudi Arabia that Trade Act. moved off the land, the government killed 19 Americans, more evidence surfaced The SPEAKER pro tempore (Mr. took over, and the government has of operational linkages between al-Qa’ida ROKITA). Is there objection to the re- been controlling hundreds of acres in and the Qods Force, an official Iranian para- quest of the gentleman from South Washington State even today. military organization which possesses a mandate from Iran’s Supreme Leader to Carolina? The result of the Cold War and win- fund, train, and equip Islamist terrorists. There was no objection. ning World War II is that millions of These very operational linkages are ref- f gallons of nuclear waste now reside in erenced within the 9/11 Commission Report, Hanford, Washington. And I’m not ex- STORING NUCLEAR WASTE whose authors acknowledged the relation- aggerating. In fact, 53 million gallons ship between al-Qa’ida and Iran dem- The SPEAKER pro tempore. Under of nuclear waste is onsite. And what’s onstrates that Sunni-Shiite divisions ‘‘did the Speaker’s announced policy of Jan- interesting about Hanford, of course, not necessarily pose an insurmountable bar- uary 5, 2011, the gentleman from Illi- rier to cooperation in terrorist operations.’’ when you started storing this nuclear Since 9/11, these partnerships have become nois (Mr. SHIMKUS) is recognized for 60 waste, our technology, our informa- all the more pronounced. Hundreds of al- minutes as the designee of the major- tion, our knowledge was not as great as Qa’ida members, along with family members ity leader. it is now. The way we stored this mate- of Core al-Qa’ida leaders like Osama bin Mr. SHIMKUS. Mr. Speaker, this rial then would not be an acceptable Laden, have found refuge inside Iran. Offi- marks the first of what I hope to be process today. It is an environmental cials now know Iran’s minister of defense, many times to address you and my col- disaster and a hazard that has to be formerly a commander of the Qods Force, leagues on an issue that I have been cleaned up. furnished safe houses for many of these ter- graced with having the responsibility You have approximately 174 storage rorists. Officials also know that while under to deal in the public policy arena, and ‘‘house arrest’’ inside Iran al-Qa’ida’s top tanks. These storage tanks are from military commanders like Saif al-Adl were that’s the issue of nuclear waste. 750,000 gallons to a million gallons, all able to coordinate attacks against Western When people talk about nuclear with nuclear waste in these tanks. targets. Examples of these attacks include waste and this debate about where it is These tanks are buried, as it says here, the May 2003 bombings in Riyadh, Saudi Ara- and why it’s there, they primarily talk 10 feet underground and 250 feet above bia that killed eight Americans. about our nuclear utilities. Especially the water table, a mile from the Co- Since 2005, Iran has rapidly evolved from a after Fukushima Daiichi, people under- lumbia River. Some of these tanks are theocracy into a garrison state. With help stand that when you store high-level from the Islamic Republic’s unelected offi- leaking. It’s just not a good thing for cials, notably Supreme Leader Ayatollah Ali nuclear waste onsite and if there’s a us to have. And so the government has Khamene’i, and Iranian President Mahmoud disaster that occurs and if the pools been trying to deal with this one site of Ahmadinejad (a former member of the Ira- run dry, then you might have a melt- nuclear waste in this country. nian Revolutionary Guards Corps), the IRGC ing which might spread radioactivity, Why do I bring this before you, Mr. has seized control of most critical sectors in- and that’s not good for anybody. That’s Speaker, and why is this important? side Iran. Having secured their future grips a good debate to have because we have Because in 1982, part of the process of on power by elevating the domestic roles of nuclear waste stored all over this coun- dealing with Hanford was to pass a law. the IRGC, Iran’s leaders are now pursuing try. their lust for regional hegemonic status. But I’m not here really to talk about b 1330 Their strategy entails both a persistent quest for nuclear weapons—the acquisition the private for-profit sector, the nu- The law was called the Nuclear Waste of which Iran’s leaders view as the means to clear industry today. I’m here to tell Policy Act, and in that law it says, ensure their recent regional gains will be ir- another story, another story that real- We’ve got a solution. We’re going to reversible—and support of terrorist organiza- ly talks about why we have govern- collect all the high-level nuclear waste, tions which are able to help Iran destabilize ment and why there’s still a need for and we have a storage facility that unfriendly states, and perhaps even Iran’s some government entities. we’re going to place it in. And that entire neighborhood. Back during World War II—and we place is Yucca Mountain. Now, many of Today, the Middle East is more volatile than at any time since the Islamic Revolu- just heard my colleague talk about the you may have heard about Yucca tion’s leaders seized control of Iran, and Honor Flights—back during World War Mountain before. I’ve visited it twice. hardliners in Tehran are better positioned II, we decided as a Nation to win these Yucca Mountain is in a desert, and it’s than ever before to influence the future of wars. One way to make sure that we a mountain. So I do the side-by-side this critical region. Concurrently, with sup- wouldn’t lose thousands upon thou- comparisons here. port from a state sponsor like Iran, al-Qa’ida sands of soldiers in an invasion of Right now at Hanford we have 53 mil- will be better positioned than ever before to Japan was to develop the nuclear lion gallons of nuclear waste on site. strike the West and our allies, and to foment bomb. Two were dropped; the war Yucca Mountain, which is a site we de- chaos in both the Arab world and South Asia that would ultimately benefit Iran. As the ended. Many people historically know signed, we picked. We studied for dec- implications of working partnerships be- that development, that occurred be- ades. We spent $12.5 billion. We cur- tween Iran and al-Qa’ida carry weighty im- cause of the Manhattan Project. rently have no nuclear waste there. plications for not just the security of the What I think a lot of people don’t The nuclear waste at Hanford is Middle East and South Asia, but also Amer- know is that we still are dealing with stored 10 feet underground. The nuclear ica’s national security interests, it is incum- much of the history of winning the war waste at Yucca Mountain would be bent upon policy makers in Washington to in the Manhattan Project and that stored a thousand feet underground. address this issue. For if left unchecked, winning the Cold War relied upon a The nuclear waste at Hanford is 250 Iran’s relationship with al-Qa’ida could cost strong military and a strong nuclear feet above the groundwater. The nu- America and our allies dearly. This report focuses on the history of Iran’s deterrence. So even after World War II, clear waste at Yucca will be stored a relationship with al-Qa’ida, and briefly ad- we continued to develop nuclear weap- thousand feet above the water table. dresses potential implications of these ties. ons, which we deal with today. The nuclear waste at Hanford is a mile

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.040 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6449 from the Columbia River. The closest the State of Nevada. So I’m not trying uary 5, 2011, the gentleman from Texas river to Yucca Mountain is the Colo- to lift mountains that I can’t person- (Mr. GOHMERT) is recognized for 45 min- rado River, which is 100 miles away. ally lift. But what I can do is start utes as the designee of the majority I’ll come back to this floor through- making the clarion call to Senators leader. out the year and highlight different lo- around this country who have high- Mr. GOHMERT. Mr. Speaker, we’re cations around the country where level nuclear waste in their States going into recess for a week. We passed there’s waste and start pleading with when we have already spent $12.5 bil- a bill to keep the government running. my colleagues to help us stop two peo- lion for a single repository, and as I’ve Some of us were concerned that we ple—the President of the United States said numerous times, underneath a were compromising with ourselves, but and Majority Leader HARRY REID. Ma- mountain in a desert. supposedly it was a bill that, though jority Leader REID has blocked our The numbers here in Washington—on we compromised with ourselves, that ability to continue to move forward the House side, we have an over- the Senate could pass. Now we find out and take nuclear waste from around whelming majority. In the other body, they’ve tabled the bill, and now they’re this country and place it underneath a their majority is not as big as it once talking shutdown. mountain in a desert. was. And because of that, these centers It’s extremely disconcerting when it This location is exhibit number 1. are even empowered more to be able to seems that one group believes that the There is no more compelling location go to their leader and plead for their best way to win politically is to have a in this country that cries out for this State and make the compelling argu- shutdown and blame Republicans. It’s waste to be moved than Hanford. In ment. also disconcerting to have a President fact, in the clean-up process, the sci- Again, if you can’t make it for Han- come into this body here, speak to the entific design of the casks that will be ford, you can’t make it for anywhere. House and Senate, stand here at the used to clear out these 53 million gal- I’m from southern Illinois. I don’t historic podium and lecture this body lons of waste and put into storage con- have a nuclear facility in my congres- on the President’s jobs bill that didn’t tainers, they are designed specifically sional district, although I am from the exist while he was lecturing us. for Yucca Mountain. Again, we have State of Illinois, and Illinois is a huge It was entirely consistent, though, spent $12.5 billion to prepare this site nuclear power State. We have six loca- with exactly 2 years before that when to receive nuclear waste. tions, 11 reactors. So we have high- the President’s polling data showed The House went on record this year level nuclear waste stored 40 miles that people didn’t think that the Presi- on a vote in the appropriation bill for from downtown Chicago. dent’s ideas for health care were good, energy and water and said, yes, Yucca Now, does that make sense? Does and since he is such an incredibly gift- Mountain is still where we believe that make sense in a day when we’ve ed reader of speeches, apparently he high-level nuclear waste ought to go. already spent $12 billion to prepare, lo- felt if he came back to the House floor And that vote was 297 Members voting cate, research a single repository that and were able to use the teleprompters to increase funding to complete the can be kept safe, secure, and stored? It and read to the body that he would be safety review of the DOA application so doesn’t make sense. able to convince everyone to go along that Yucca Mountain could move for- So that’s why in the coming weeks with the government takeover of ward. you’ll see other posters like this. I’ll health care completely. And that day, One Senator is blocking this, one definitely keep this one. But we’ll com- he kept representing things about ‘‘his Senator from the State of Nevada. But pare Yucca Mountain to downtown Chi- bill,’’ ‘‘this bill,’’ ‘‘my bill,’’ ‘‘my it’s time for the other Senators from cago. We’ll compare Yucca Mountain plan,’’ ‘‘this plan,’’ and there was no these other States who are affected, re- to Boston, Massachusetts. We’ll com- plan. There was no bill at that time ei- gardless of their party, to say, ‘‘I don’t pare Yucca Mountain to Savannah, ther. want this high-level nuclear waste in Georgia. So it was not terribly surprising that my State. We have a Federal law to If you live in a State and may not the President would come in here again move it to underneath a mountain in a have a nuclear power plant, you may 2 years later when polls are not looking desert.’’ And it’s time for them to very well have the legacy of World War good and tell us that we had to pass a stand up and be counted. That’s why II Manhattan-type projects and nuclear bill that didn’t exist and that he had a this is my first trip to the well identi- waste that has to be stored elsewhere plan but the plan didn’t really exist. fying one location in this country, I than in the place where it is today. Eventually, we got a copy of his bill, think the most compelling argument As the chairman of the Environment even though for 6 days nobody filed an for Yucca Mountain, and it’s not even and the Economy Subcommittee, my American Jobs Act. So I went to the tied to that nuclear power generating congressional responsibility is that of trouble of filing one. I felt if the Presi- for-profit industry. It is tied to our nuclear waste. It is a challenge for this dent wanted to fuss at us for not pass- World War II legacy and the environ- country. It is a challenge that we al- ing the American Jobs Act, there ment and the health of not only the ready have a plan to deal with. In fact, ought to be one. So mine was two land here in Washington State but also ratepayers of States that have nuclear pages. His is 155. the great Columbia River. power have been paying an additional But it’s amazing, and especially with So who are we asking to stand up and charge on their utility bills to prepare all the stuff going on with Solyndra in be counted and help us move this? Yucca Mountain to receive this waste. California and the scandal that that Well, we just happen to have four U.S. To have one man and a President has become, that this administration Senators, two from the State of Wash- who’s complicit in his design to stop twisted and pushed and potentially dis- ington, two from the State of Oregon: this is not in the best interest of this torted things in order to get half a bil- Senator CANTWELL; Senator MURRAY; country, and I will continue to come lion dollars to a company which wasn’t Senator WYDEN; and Senator MERKLEY. down to the well to fight this fight so doing well, and then turn around and Now, if you look at this site, the Co- that we take full advantage of the turn the agreement upside down. lumbia River, those of you who know great resources we have and follow up Secured creditors, those that provide your geography know that the Colum- on the planning and the funding that the money, are supposed to be paid bia River, when it gets closer to the we’ve done for decades to have a single first in the event that there’s not west side of the State, separates the repository. enough to go around for everyone. And State of Oregon and the State of Wash- With that, Mr. Speaker, I thank you, yet somebody in this administration— ington, to the north. North of the Co- and I yield back the balance of my maybe a number of somebodies it ap- lumbia is Washington State, south is time. pears right now—changed the deal so Oregon. f that the secured creditors, the Amer- These Senators need to step up to the b 1340 ican taxpayer, the government, would plate, and these Senators need to do not get paid back first. their job. They need to speak to the THE PRESIDENT’S JOBS BILL My days as a district judge in Texas majority leader. We understand the The SPEAKER pro tempore. Under and chief justice would seem to indi- majority leader who wants to protect the Speaker’s announced policy of Jan- cate that that kind of thing is fraud

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.096 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6450 CONGRESSIONAL RECORD — HOUSE September 23, 2011 upon the American people. The inves- you. And once that money is received, economy going, stimulating the econ- tigation is going on, so we’ll find out they start getting all these strings that omy. It’s scaring investors these days. more about that as it does. go with it. Now, if you’re going to keep But the President will appoint the It’s interesting that in the Presi- getting Federal money, then you’re seven board members of the American dent’s so-called jobs bill that really going to have to start doing this, that, Infrastructure Financing Authority. will destroy more jobs than it creates, and the other. When you look through the Presi- he’s got these constant references to In fact, there is one provision in the dent’s bill, Mr. Speaker, I think it’s a priority to the use of green practices, President’s so-called jobs bill that good indication of the aspirations and and it’s got lots of provisions, appar- ought to send shivers through people in goals of this administration if the peo- ently, that will ensure that any other the State governments all over the ple of America will give them 4 more Solyndras out there, any other compa- country, because there’s a provision years. Because if you look, the Federal nies that are trying to get government that says if the States receive any Government will be in charge of infra- money for a business that can’t make money at all from the Federal Govern- structure. Well, we’ve seen how that it on its own but they’re close enough ment, basically for any program, then worked with student loans. Students, to the administration, they feel like they waive their sovereign immunity, their parents, trying to go to college, they could get loans, they could get opening up themselves for lawsuits in get college paid for. We know that col- grants for things that cannot be com- yet another area where States have lege costs have gone through the roof. mercially feasible, that this is the way never been able to be sued before. I wanted my three children to have the to go. And we see that throughout the So I’m not sure what jobs that cre- chance that I did to go to a major uni- bill. ates. I know it helps the plaintiffs’ law- versity. I didn’t want them to be bur- Apparently, half a billion dollars yers, and perhaps that’s the whole goal dened with debt simply because I gave squandered for crony capitalism was of the President, to help plaintiffs’ law- up lucrative work and decided to try to not enough. There’s more provisions yers. But what a disaster. help my State and country. for that in the President’s so-called Nonetheless, we know that Fannie jobs bill. Of course, we’ve got the pay- and Freddie, which may end up costing So we took out student loans. You back to unions and language in here for the country trillions of dollars, can take them from banks, from pri- prevailing rates and that kind of thing. brought us to the brink of absolute fi- vate lending institutions; and there Some folks that I talk to would be glad nancial disaster. And so what does the were provisions for student loans. But to have a job at whatever rate they President propose? Well, houses, maybe under Speaker PELOSI and this Presi- could get. There are those folks. they get a loan, $50,000, $100,000 or so, dent, HARRY REID in the Senate’s lead- Yet, when the administration pushes different amounts. Well, what costs ership, the Federal Government took a jobs bill that’s going to make the more than housing? That would be in- over the student loan business. Well, I prevailing wage the price to be paid for frastructure. When we talk about thank God that I got loans for my kids wages so high that a business cannot houses, we’re talking about tens of to go through college before we took afford to hire those extra people, have thousands, hundreds of thousands, over, as a Federal Government, the we really done the American people maybe. With infrastructure, we’re talk- student loan business. Because I would any favors? We can’t even create entry- ing about hundreds of millions, bil- hate for not just me, but anyone, espe- level jobs because of what this admin- lions. cially from the opposite party of the istration keeps pushing and trying to So what does the President propose President, those in power, to have to heap upon the American people. for that? The American Infrastructure go begging to the Obama administra- And there is a little bit of money for Financing Authority. And the good tion: Please, would you loan me money infrastructures. I say ‘‘a little bit.’’ news is that that will be—and I’m read- so my child can get a college edu- Compared to the overall price tag of ing from page 40 of the President’s so- cation? $450 billion, you would think that we called jobs bill. It says the American We put the Federal Government in could do a little better than what the Infrastructure Financing Authority is charge of who can get loans? Who can President is proposing if he wants a established as a wholly-owned govern- get a college education? That’s not $450 billion infrastructure bill. But the ment corporation. what was intended for this country, to truth is it isn’t an infrastructure bill. have the Federal Government make de- b 1350 We heard this same language about cisions on who can get educated and the so-called stimulus back in January Happy days. Wholly owned govern- who doesn’t. ment corporation. But if somebody’s of 2009, that we needed bridges. He I know it scares people sometimes to concerned that people that would be talked about bridges back then, the have these examples brought up; but in running the President’s American In- bridge in Minnesota, this bridge, that 1973, that summer I was an exchange frastructure Financing Authority that bridge, they all need to be fixed, and we student to the Soviet Union—I had had would start trying to do the financing can do it, but we need this stimulus a couple of years of Russian language, for these massive infrastructure bill to do all this infrastructure repair. and I was an exchange student there. projects, if you’re concerned they Well, it was kind of the bait-and-switch And one of the things that surprised might not have good business sense, if thing. me was, in the Soviet Union, the fed- you’re concerned they might not un- I certainly didn’t support that stim- eral government there decides who gets derstand how an economy really is ulus bill. I believe Republicans were to go to college. They tell you who gets stimulated, how real jobs in the real unanimous on that. It was not a stim- to go to college. ulus bill. You could see that. There was private sector are created, you don’t such a small percentage going to stim- have to worry because the next page, Now, never mind that here in Amer- ulus that we would consider true stim- page 41, says the board of directors— ica sometimes the most successful ulus. Infrastructure, we do have failing and this is just so exciting to read—is business people, some of the most suc- infrastructure, roads, bridges, things consisting of seven voting members ap- cessful scientists may have made some that need to be repaired, sewage plants pointed by the President. grades that weren’t very good in col- and different things, but that bill had Now there’s excitement. The Presi- lege, but maybe came back in grad just a tiny trickle coming out. And dent has shown that when he picks peo- school and then really showed promise again, this is percentagewise, it really ple—well, okay, it’s true that they and did well, but it didn’t matter. was not an infrastructure stimulus. come from universities and places Maybe they didn’t do all that great in The people were told one thing and yet where they have letters after their high school, got to college and made got another. names. But do they really know how to good grades here in America. Now, one of the ways the Federal create jobs? Well, so far we’ve got a big But in Russia, it didn’t matter. It Government gets its control of people, old ‘‘no.’’ They don’t know what didn’t matter what your inner drive State governments and local govern- they’re doing. They have PhDs after was, that you had a yearning to help in ments, is by throwing money out there their names, and they just don’t know health care, make some discovery in and saying, Here, we’re going to help what they’re doing in trying to get the medicine. It didn’t matter that you had

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.097 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6451 a vision for how to create some new en- visiting med schools, clinics and about seeing that they were raised up gineering work. It didn’t matter be- things—I had a little need for health in the way they should go. And they cause the government told every stu- care back then—I was so thankful that may disagree with the government and dent whether you would be allowed to in America we had so much better that’s okay in America. But they could go to college or whether you would not, health care. And we didn’t have to de- disagree with the government, and whether you would go work in the fac- pend on the government to tell us what they were still not at risk of having tory or whether you would go and we could have treatment for or what their children removed. teach. The government told people we couldn’t, what we had to get on a And now, more and more, with polit- what they got to do with their lives list to maybe get treatment for or ical correctness setting in in this coun- and who got to have a college edu- what we couldn’t. This was America, try, people are told, you raise the chil- cation. where doctors could strive to be the dren the way we say is proper; other- Now, I became friends with numerous greatest they could be and to help hu- wise, we’ll take them away. And it Russian college students. I was im- manity, and then make money at the keeps coming back as hints from what pressed and I liked them very much. same time. I saw 38 years ago. It’s hard to believe But I could not imagine such a system I had one Soviet friend, college friend this stuff is happening. back then. And I was so grateful and that summer, who some lady ran off to When I look at the American Infra- thankful that I was from the United tell on him. And I said, why would she structure Financing Authority, I see States. I made good grades in high do that? things down the road that this creates. school and college, good enough to go And you can’t help but believe that it b 1400 to law school, but I just was so grateful will end up as the student loan busi- that I lived in a country that really He said, well, in America you can get ness was. We create a Federal entity was the land of the free and the home ahead by working hard and making run by the President’s cronies that will of the brave. money, and money can give you power make decisions on who gets lending for It’s fantastic. Because when I had a in America. Here, in the Soviet Union, infrastructure. yearning in my heart to do something he said, the only way to elevate your- You could envision a day, just like and fix something here, I didn’t have to self is by stepping on others. with student loans, maybe the private beg the government: Will you please You saw it repeatedly. They couldn’t lenders still keep lending and that goes allow me to follow my life’s goal, my wait to run and tell government au- for a while. But as we saw with flood life’s pursuit? thorities on each other. Basically, you insurance, the Federal Government got This used to be the only country in could tell who was spying on an Amer- into the flood insurance market and the world where any parent could tell ican. It wasn’t hard to see. You could said, you know what? These private their child you can be whatever you tell who was spying on the other stu- lenders are not selling it as cheaply as want to be. Now, we’re kind of proud of dents. It wasn’t hard to see. we think they should, so we’ll get in- Jamie Foxx in east Texas. He grew up And I was grateful to be from the volved to give them a choice. in Terrell. And I ran into him in Los home of the brave, land of the free, Well, what the private insurance Angeles last year and told him I was land of the free and home of the brave. companies found was they are not al- from Tyler, Texas. And I see things changing, and it He said Tyler, Texas. He said, you lowed to run at a loss for a long period breaks my heart. know, my childhood memory about of time. They go out of business, go Now, another thing I observed in the Tyler, our family came over to the bankrupt. Yet, the Federal Govern- Soviet Union back in 1973, we went to Tyler State Park—it’s a beautiful park ment has no problem with running in a daycare facility, and it was made on a lake, one of the most visited State the red, so the Federal flood program very clear that children didn’t really parks in the State of Texas—and he has run in the red for years. It doesn’t belong to parents in the Soviet Union. said, you know, Tyler had the highest appear there’s any hope that it will They were the property of the govern- diving board I had ever seen. I had ever get to the black. ment. never seen one that high. And people And, naturally, the Federal Govern- The parents would be allowed to keep told me, Jamie, if you can climb up ment drives all the private insurance their children so long as they trained there and go off that diving board, you companies out of the business because them up in the way the government can do anything you want with your the Federal Government can do it said. But if the government ever had life, anything. He said he was scared, cheaper and run in the red. I can envi- but he climbed up there, that high div- one of these stool pigeons that ran in sion that happening with the American ing board, and went off the board be- and reported that parents maybe were Infrastructure Financing Authority. cause he wanted to be whatever he teaching children that they should Mr. Speaker, you think about a day wanted to be. And now he is so success- strive to be the greatest they could be when a local government, a State gov- ful as a singer, actor, all these kinds of and do what they wanted to do, for ex- ernment, has no lender that can lend things. ample, that was totally opposite of the on infrastructure because the Federal You could be what you really wanted government’s teaching, and it would be Government started small and got big- to be in this country, but it’s scary to a basis for you’re teaching them evil ger, and now nobody lends but the Fed- see that changing. And when I see things. eral Government. And once again, we moves in this country that I had night- I had a student friend, Russian friend create a situation. It’s the potential, mares seeing them happen in the So- who was removed from the camp where and if you don’t look at the potential viet Union, it’s a little scary here. The I was because somebody told on him, consequences of what we do in this Federal Government’s going to get to that he was being too friendly to me. body and the unintended consequences tell people whether they can have a He never said anything negative about that can occur, we do damage to Amer- student loan or not? That’s not a good his country, but we had frank discus- ica. idea. And yet the Federal Government, sions about a free market system com- If the President had his way, and I under Speaker PELOSI’s leadership and pared to a socialist system. And they feel sure that if he has four more years, the President’s leadership, President were very honest, candid discussions. there’s a good chance he will, we’ll Obama, and HARRY REID, we put the And yet, he did nothing wrong, but he have an American Infrastructure Fi- private lenders out of business because was removed, and he was told if he had nancing Authority, and eventually the Federal Government—I guess they contact with me again, he would be local governments, State governments, sold some people on the idea it would kicked out of college and go to work in entities will have to come begging to be politics free. Yeah, right—they Siberia or some other place that would the President or to the new czar of would do a better job of picking out be very unpleasant. whatever it is and say, please, please, who should get a student loan to go to I saw when a government controls could we please have a loan to fix our college. I couldn’t believe those things people’s lives. And I was shocked at roads or to build new infrastructure came back. daycare. And I was so grateful to live that our people are crying out for? And seeing the socialized medicine in in a country where children belong to Please? We promise we’ll be good. We’ll the Soviet Union back in those days, their parents, and the parents cared do what you tell us. God forbid we

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.099 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6452 CONGRESSIONAL RECORD — HOUSE September 23, 2011 should get to a system that way. But United States, and the Director of the waiver of sovereign immunity under we’re on the way. We see it happening Office of Management and Budget. the 11th Amendment to the Constitu- more and more. That’s comforting, very comforting. tion, or otherwise, to a suit brought by We dangle money out to States and There will be non-Federal members an employee or applicant for employ- local government through grants. You so they don’t have just a total monop- ment.’’ want to keep getting the grants? Do oly on control. In fact, there will be— He recognizes constitutional law. The what we tell you. The Founders never the next section says—non-Federal Federal Government cannot waive sov- intended that. Never intended that. members on the board. Well, who ereign immunity for a State, but the Bad enough that we set up a system might they be? The Secretary of Com- President says, You know what? If you where we order unfunded mandates of merce, in consultation with the Sec- receive one dime from the Federal Gov- State governments. Before the 17th retary of Homeland Security and the ernment for any program, then that is amendment things weren’t perfect. Attorney General, shall appoint 11 in- an affirmative waiver of your right not They did need fixing, so I’m not advo- dividuals to serve as non-Federal mem- to be sued under some bill that we cating complete repeal. bers of the board. make up here in my czar capital in But there has got to be a way to re- Isn’t that comforting. You’ve got Washington. store power back to the States that it Cabinet members appointed by the We also heard about going after the lost when State legislatures could no President—but don’t worry. The Presi- millionaires and billionaires. Now, as longer select the U.S. Senators. And dent won’t control all of it, although people have been told over and over, I’m aware, there were some abuses his appointees appoint the rest of the CBO—the Congressional Budget Of- there, but we have got to get a veto them, and they’re going to control the fice—that scores bills cannot score a power, some leverage back to the broadband. speech unless, of course, the Director States again so the Federal Govern- I think this is what America can ex- gets called to the White House and gets ment doesn’t keep doing the kind of pect when you have the President push intimidated, and then perhaps they thing that this President throws out in forward a bill that, until I filed my will. But in the meantime, generally, his bill. American Jobs Act, there was no you cannot score a speech. There has And, of course, more and more of the American Jobs Act down here in the got to be a bill. So it doesn’t matter airwaves are being moved toward House; and that’s where it had to be what a President says in a speech in broadband. So at page 75, something filed because the Constitution requires this body or if he spends millions and that tells you a lot about where this all revenue-raising bills to begin here millions and millions of dollars run- President wants to go for the future, he in the House. They have to originate ning around the country telling people has the establishment of the Public here. to pass a bill that for so long did not Safety Broadband Corporation. But not So great news. I mean, boy, if the exist here in the House. What matters to worry, page 76 points out this estab- President has his way, more and more is what’s in a bill. lishes a private, nonprofit corporation Federal control. Infrastructure. If you So the President says he’s going after to be known as the ‘‘Public Safety need infrastructure, well, isn’t that millionaires and billionaires, but if you Broadband Corporation.’’ It says, and rosy. You can go begging to the Fed- look at page 134 and page 135, you’ll I’m quoting, ‘‘which is neither an agen- eral Government someday. find out what the President really cy nor establishment of the U.S. Gov- But it’s at page 133, as I’m moving thinks constitutes a millionaire or a ernment or the District of Columbia.’’ through this bill, that you find section billionaire. At the bottom of page 134, But they will control broadband. So 376: Federal and State Immunity. But it’s subtitled, ‘‘A 28 percent limitation anyone that might have broadband it doesn’t address Federal immunity at on certain deductions and exclusions.’’ coming in, maybe get television, com- all. It doesn’t even touch Federal im- So who loses deductions? Who is puter, Internet, radio through munity. It, in fact, says, ‘‘A State shall going to get punished for making too broadband, well, guess who comes into not be immune under the 11th Amend- much money? How many millions do your home or place of business through ment of the Constitution from a suit you have to have before this President your broadband? It’s control of the new brought in a Federal court of com- wants you punished and taxed extra? Public Safety Broadband Corporation. petent jurisdiction for a violation of What does this President consider to be In 1984 there was that eye that this act.’’ a millionaire or a billionaire who’s not looked out into every room from some- We don’t have the constitutional paying their fair share and who should thing hanging on the wall. It was Big power to waive sovereign immunity for pay more? Brother watching everything. How the State. This is an incredible over- It’s in black and white now. The comforting to know this President reach by the President taking away the President’s bill says that it applies to wants Big Brother watching us through sovereign immunity of a State not to the taxpayer whose adjusted gross in- our computer, watching us through the be sued. He proposes a bill, and says, come is above $125,000 if you’re mar- means of broadband. Not only am I proposing this bill, but ried, filing separately. But if you’re worried, well, it says, I’m going to stick in a provision—it’s So, under the President’s definition this will not be, and I’m quoting, ‘‘nei- here on page 133—that says, States, of who’s a millionaire and billionaire ther an agency nor establishment of you can be sued if you don’t follow my who’s not paying their fair share and the United States Government or the law—my bill—to the T. who needs to pay a lot more, it’s de- District of Columbia.’’ That’s great How could the Federal Government fined here in black and white as a mar- news. waive States’ sovereign immunity? I ried person filing separately who So who will be controlling this new can tell you. Under constitutional law, makes more than $125,000. That’s in the Public Safety Broadband Corporation? the Federal Government cannot waive President’s bill. If you’re married filing We see that in the next section a little States’ sovereign immunity. Only a jointly, then you get to be exempted further down in page 76. State can waive its sovereign immu- unless you make over $250,000 jointly ‘‘The following individuals, or their nity. The Federal Government cannot as a couple. Well, with $250,000 as a respective designees, shall serve as have anyone waive its sovereign immu- couple and $125,000 as an individual, it’s Federal members.’’ These are the peo- nity. Sovereign immunity is only still $125,000. ple that will control the Public Safety waived for the Federal Government if So how about if you’re single and Broadband Corporation that this ad- the Federal Government decides to you’re not married? Well, good news ministration wants to impose and in- waive it. there. You can have either a $200,000 flict upon America, controlling all So how can the President stick in a exemption or a $225,000 exemption if broadband. bill that allows States to be sued willy- you’re single and head of the house- nilly under this bill? It’s in the next hold. So it’s potentially worth $100,000 b 1410 provision. to get divorced. The government is say- You have the Secretary of Com- ‘‘A State’s receipt or use of Federal ing we’ll give you an extra $75,000 to merce, the Secretary of Homeland Se- financial assistance for any program or $100,000 exemption if you’ll just get di- curity, the Attorney General of the activity of a State shall constitute a vorced and live together.

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.102 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6453 Now, I’m not sure who came up with So taking out the most important de- and they do something entirely oppo- this. Obviously, the President’s waving duction for independent oil companies site. Those who have ears need to hear. the bill around now, now that there’s will devastate them, and it doesn’t With that, I yield back the balance of one printed, but he’s advocating that even apply to the major companies he my time. you’re better off financially—we’ll re- says he’s going after. So, once again, f ward you financially—if you’ll just get he says he’s going after major oil, tak- divorced and live together. I’m not sure ing away their subsidies. Well, they’re A BILL PRESENTED TO THE if that’s his effort to placate people not subsidies. They’re deductions for PRESIDENT who want gay marriage to say, Look. business expense. Karen L. Haas, Clerk of the House re- You’re financially better off not get- And on the other, what he really does ports that on September 16, 2011 she ting married, see? You’ve got an extra in black and white in the bill—nobody presented to the President of the $75,000, $100,000 exemption if you’ll just has to take my word for it—he repeals United States, for his approval, the fol- stay unmarried. the deduction that only applies to oil lowing bill. So why would you want to get mar- companies that produce less than a H.R. 2887. To provide an extension of sur- ried? thousand barrels of oil a day. It doesn’t face and air transportation programs, and I don’t know what his thinking was. even apply to the majors. The majors for other purposes. I can’t imagine why he would want to don’t get that. They’re able to do such f punish married people who are working vast production that they can survive hard and making this kind of money. without it. The independent producers ADJOURNMENT But sure enough, that’s in the Presi- can’t. Mr. GOHMERT. Mr. Speaker, I move dent’s bill. And a lot of people don’t know like that the House do now adjourn. Happy days. we do in East Texas where, during The motion was agreed to; accord- He’s had talks before about elimi- World War II, it was the largest oil ingly (at 2 o’clock and 25 minutes nating the alternative minimum tax, field ever discovered in the world, but p.m.), under its previous order, the which was never meant to apply to the those, mainly wells still being drilled House adjourned until Monday, Sep- tens of thousands of people that it there, a lot of it for natural gas now, tember 26, 2011, at noon. does. Well, guess what? On page 135, being drilled by independent producers, f subsection (b) talks about additional produce less than a thousand barrels a amounts. Subsection (c) talks about day. You can’t go to a bank and get a EXECUTIVE COMMUNICATIONS, the additional AMT amount. So we’re loan to drill an oil or gas well. You ETC. going to add to the AMT. I know he can’t. The odds are not good enough Under clause 2 of rule XIV, executive said we were going to get rid of it, but that it’s going to be commercially pro- communications were taken from the actually, in his bill, where you really ductive. Speaker’s table and referred as follows: see what he’s thinking, he adds to it. So what most independents do, 3217. A letter from the Congressional Re- Now, the biggest help for independent they’ll say take 18, 25 percent, some- view Coordinator, Department of Agri- oil producers is called the ‘‘deduct- thing like that of their own well that culture, transmitting the Department’s final ibility of intangible drilling costs.’’ they’re going to drill and then they rule — National Veterinary Accreditation These are the expenses of an inde- will sell working interests in that well Program; Currently Accredited Veterinar- pendent oil company in producing a and get investors to put up their ians Performing Accredited Duties and money, because if an independent oil Electing To Participate [Docket No.: APHIS- well; it’s the costs of doing business. 2006-0093] (RIN: 0579-AC04) received August Any other manufacturer that produces producer supplies all the money for 29, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to a product is allowed to deduct the costs their own wells, they hit three or four the Committee on Agriculture. of doing business, but this President dry holes, it’s what puts some of them 3218. A letter from the Congressional Re- wants to demonize those things and out of business. So they’re smart view Coordinator, Department of Agri- call them what they’re not. He calls enough, they spread out the risk, be- culture, transmitting the Department’s final them a subsidy. They’re not a subsidy. cause it certainly is risk, and so they rule — Importation of Peppers From Panama A ‘‘subsidy’’ under any dictionary’s don’t lose everything when it’s a dry [Docket No.: APHIS-2010-0002] (RIN: 0579- AD16) received August 29, 2011, pursuant to 5 definition is, in essence, a gift or a hole. What section 435 does is devastate U.S.C. 801(a)(1)(A); to the Committee on Ag- grant of money. There’s no gift or riculture. grant of money to the people taking the ability to raise capital through in- 3219. A letter from the Congressional Re- these deductions. They get to deduct vestors investing because it repeals the view Coordinator, Department of Agri- the cost of producing oil and gas. oil and gas working interest exception culture, transmitting the Department’s final to passive activity rules. So the work- rule — European Larch Canker; Expansion of b 1420 ing interests don’t get the deductions Regulated Areas [Docket No.: APHIS-2011- And when you find out that over 94 passed through to them that they are 0029] received August 29, 2011, pursuant to 5 percent of the oil and gas wells drilled normally allowed to do for the ex- U.S.C. 801(a)(1)(A); to the Committee on Ag- on the land in the continental United penses they invest. riculture. States are drilled by independent pro- 3220. A letter from the Congressional Re- Any independent oil producer can tell view Coordinator, Department of Agri- ducers, not Exxon, not Shell, not the folks—and I’ve heard it over and over— culture, transmitting the Department’s final President’s dear friends at British Pe- you take away people’s ability to in- rule — Asian Longhorned Beetle; Quar- troleum who were so ready to endorse vest, to deduct for what they’re paying antined Areas and Regulated Articles [Dock- the cap-and-trade bill, negotiating in, they’re not going to pay into that. et No.: APHIS-2010-0128] received August 29, when to come out in favor of cap-and- The odds aren’t too good, that often- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the trade the very day the Deepwater Hori- times the money they get back—if it is Committee on Agriculture. zon platform blew, losing lives, dev- a commercial well—just barely pays 3221. A letter from the Congressional Re- astating the gulf. view Coordinator, Department of Agri- the amount of expenses. If you don’t culture, transmitting the Department’s final But then at the same time giving the pass through the deductibility of what rule — Importation of Horses From Con- President a chance to punish States they paid in, then it’s a huge loss to tagious Equine Metritis-Affected Countries like Texas, Louisiana, Alabama, Mis- them. So you’re not going to have peo- [Docket No.: APHIS-2008-0112] (RIN: 0579- sissippi who had so many thousands of ple investing like they do now. And it AD31) received August 29, 2011, pursuant to 5 jobs lost when he declared a morato- is tough to raise capital. They’ll tell U.S.C. 801(a)(1)(A); to the Committee on Ag- rium that it has cost this country dear- you. riculture. ly by rigs having to leave American The President devastates an inde- 3222. A letter from the Director, Defense waters and go to other countries. And pendent oil company’s ability or gas Procurement and Acquisition Policy, De- partment of Defense, transmitting the De- does that hurt the big oil companies? company’s ability to raise capital. This partment’s final rule — Defense Federal Ac- No. It means there is less oil and gas bill will devastate America. It’s a great quisition Regulation Supplement; Display of being produced, which means they will example of the President and Senate DoD Inspector General Fraud Hotline Post- charge more and make more profit. leadership saying we’re going to do this ers (DFARS Case 2010-D026) (RIN: 0750-AG98)

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K23SE7.104 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6454 CONGRESSIONAL RECORD — HOUSE September 23, 2011 received August 29, 2011, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ernment Contracting Programs (RIN: 3245- 801(a)(1)(A); to the Committee on Armed mittee on Natural Resources. AG45) received August 29, 2011, pursuant to 5 Services. 3233. A letter from the Senior Procurement U.S.C. 801(a)(1)(A); to the Committee on 3223. A letter from the Director, Defense Analyst, Department of the Interior, trans- Small Business. Procurement and Acquisition Policy, De- mitting the Department’s final rule — Ac- 3242. A letter from the Direcctor of Regula- partment of Defense, transmitting the De- quisition Regulation Rewrite (RIN: 1093- tion Policy and Management, Office of the partment’s final rule — Defense Federal Ac- AA11) received August 29, 2011, pursuant to 5 General Counsel, Department of Veterans Af- quisition Regulation Supplement; Defense U.S.C. 801(a)(1)(A); to the Committee on Nat- fairs, transmitting the Department’s final Cargo riding Gang Member (DFARS Case ural Resources. rule — Technical Revisions to Conform to 2007-D002) (RIN: 0750-AG25) received August 3234. A letter from the Senior Management the Caregivers and Veterans Omnibus Health 29, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Analyst, Department of the Interior, trans- Services Act of 2010 (RIN: 290-AN85/WP2010- the Committee on Armed Services. mitting the Department’s final rule — En- 044) received August 29, 2011, pursuant to 5 3224. A letter from the Chief Counsel, De- dangered and Threatened Wildlife and U.S.C. 801(a)(1)(A); to the Committee on Vet- partment of Homeland Security, transmit- Plants; 44 Marine and Anadromous Taxa: erans’ Affairs. ting the Department’s final rule — Changes Adding 10 Taxa, Delisting 1 Taxon, Reclassi- 3243. A letter from the Director of Regula- in Flood Elevation Determinations [Docket fying 1 Taxon, and Updating 32 Taxa on the tion Policy and Management, Office of the ID: FEMA-2011-0002] [Internal Agency Docket List of Endangered and Threatened Wildlife General Counsel, Department of Veterans Af- No.: FEMA-B-1209] received August 29, 2011, [Docket No.: FWS-R9-ES-2008-0125; 92100-1111- fairs, transmitting the Department’s final pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0000-B3] (RIN: 1018-AW09) received August 12, rule — Expansion of State Home Care for mittee on Financial Services. 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Parents of a Child Who Died While Serving 3225. A letter from the General Counsel, Committee on Natural Resources. in the Armed Forces (RIN: 2900-AN96/WP2010- Federal Housing Finance Agency, transmit- 3235. A letter from the Division of Policy 071) received August 29, 2011, pursuant to 5 ting the Agency’s final rule — Privacy Act and Programs, WSFR, Department of the In- U.S.C. 801(a)(1)(A); to the Committee on Vet- Implementation (RIN: 2590-AA46) received terior, transmitting the Department’s final erans’ Affairs. August 22, 2011, pursuant to 5 U.S.C. rule — Financial Assistance: Wildlife Res- 3244. A letter from the Director of Regula- 801(a)(1)(A); to the Committee on Financial toration, Sport Fish Restoration, Hunter tion Policy and Management, Office of the Services. Education and Safety [Docket No.: FWS-R9- General Counsel, Department of Veterans Af- 3226. A letter from the Secretary of the WSR-2009-0088] (RIN: 1018-AW65) received Au- fairs, transmitting the Department’s final Commission, Federal Trade Commission, gust 12, 2011, pursuant to 5 U.S.C. rule — Rules Governing Hearings Before the transmitting the Commission’s final rule — 801(a)(1)(A); to the Committee on Natural Agency of Original Jurisdiction and Board of Mortgage Acts and Practices — Advertising Resources. Veterans’ Appeals; Clarification (RIN: 2900- received August 10, 2011, pursuant to 5 U.S.C. 3236. A letter from the Senior Program An- AO06) received August 29, 2011, pursuant to 5 801(a)(1)(A); to the Committee on Financial alyst, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on Vet- Services. mitting the Department’s final rule — Revi- erans’ Affairs. 3227. A letter from the Secretary, Securi- sion of Class E Airspace; Yakutat, AK [Dock- 3245. A letter from the Chief, Publications ties and Exchange Commission, transmitting et No.: FAA-2011-0244; Airspace Docket No. and Regulations, Internal Revenue Service, the Commission’s final rule — Suspension of 11-AAL-05] received August 19, 2011, pursuant transmitting the Service’s final rule — the Duty to File Reports for Classes of to 5 U.S.C. 801(a)(1)(A); to the Committee on Timely Mailing Treated as Timely Filing Asset-Backed Securities Under Section 15(d) Transportation and Infrastructure. [TD 9543] (RIN: 1545-BA99) received August of the Securities Exchange Act of 1934 [Re- 3237. A letter from the Senior Program An- 23, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to lease No.: 34-65148; File No. S7-02-11] (RIN: alyst, Department of Transportation, trans- the Committee on Ways and Means. 3235-AK89) received August 22, 2011, pursuant mitting the Department’s final rule — 3246. A letter from the Chief, Publication to 5 U.S.C. 801(a)(1)(A); to the Committee on Amendment of Class D and Class E Airspace; and Regulations, Internal Revenue Service, Financial Services. Columbus Lawson AAF, GA [Docket No.: transmitting the Service’s final rule — Inter- 3228. A letter from the Assistant General FAA-2011-0012; Airspace Docket No. 10-ASO- est and Penalty Suspension Provisions Under Counsel for Regulatory Affairs, Consumer 44] received August 19, 2011, pursuant to 5 Section 6404(g) of the Internal Revenue Code Product Safety Commission, transmitting U.S.C. 801(a)(1)(A); to the Committee on [TD 9545] (RIN: 1545-BG75) received August the Commission’s final rule — Substantial Transportation and Infrastructure. 23, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Product Hazard List: Hand-Supported Hair 3238. A letter from the Senior Program An- the Committee on Ways and Means. Dryers received August 29, 2010, pursuant to alyst, Department of Transportation, trans- f 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule — Air- Energy and Commerce. worthiness Directives; Superior Air Parts REPORTS OF COMMITTEES ON 3229. A letter from the Director, Regula- and Lycoming Engines (Formerly Textron PUBLIC BILLS AND RESOLUTIONS tions Policy and Management Staff, Depart- Lycoming) Fuel-Injected Engines [Docket Under clause 2 of rule XIII, reports of ment of Health and Human Services, trans- No.: FAA-2011-0547; Directorate Identifier mitting the Department’s final rule — Im- 2011-NE-13-AD; Amendment 39-16757; AD 2011- committees were delivered to the Clerk munology and Microbiology Devices; Reclas- 15-10] (RIN: 2120-AA64) received August 19, for printing and reference to the proper sification of the Herpes Simplex Virus Sero- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the calendar, as follows: logical Assay Device [Docket No.: FDA-2010- Committee on Transportation and Infra- Mr. HASTINGS of Washington: Committee N-0429] received August 29, 2011, pursuant to structure. on Natural Resources. H.R. 241. A bill to au- 5 U.S.C. 801(a)(1)(A); to the Committee on 3239. A letter from the Senior Program An- thorize the conveyance of certain National Energy and Commerce. alyst, Department of Transportation, trans- Forest System lands in the Los Padres Na- 3230. A letter from the Assistant Secretary mitting the Department’s final rule — Air- tional Forest in California, with an amend- For Export Administration, Department of worthiness Directives; Dassault Aviation ment (Rept. 112–216). Referred to the Com- Commerce, transmitting the Department’s Model FALCON 7X Airplanes [Docket No.: mittee of the Whole House on the state of final rule — Addition of Persons Acting Con- FAA-2011-0631; Directorate Identifier 2011- the Union. trary to the National Security or Foreign NM-134-AD; Amendment 39-16759; AD 2011-16- Mr. HASTINGS of Washington: Committee Policy Interests of the United States to the 01] received August 19, 2011, pursuant to 5 on Natural Resources. H.R. 461. A bill to di- Entity List; and Implementation of Addi- U.S.C. 801(a)(1)(A); to the Committee on rect the Secretary of the Interior to convey tional Changes from the Annual Review of Transportation and Infrastructure. certain Federal features of the electric dis- the Entity List [Docket No.: 110502272-1391- 3240. A letter from the Senior Program An- tribution system to the South Utah Valley 01] (RIN: 0694-AF22) received August 10, 2011, alyst, Department of Transportation, trans- Electric Service District, and for other pur- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- poses; with an amendment (Rept. 112–217). mittee on Foreign Affairs. worthiness Directives; Cessna Aircraft Com- Referred to the Committee of the Whole 3231. A letter from the Director, Office of pany (Cessna) Models 337, 337A (USAF 02B), House on the state of the Union. Personnel Management, transmitting the Of- 337B, 337C, 337D, 337E, T337E, 337F, T337F, Mr. HASTINGS of Washington: Committee fice’s final rule — Prevailing Rate Systems; 337G, T337G, M337B, F 337E, FT337E, F 337F, on Natural Resources. H.R. 473. A bill to pro- Redefinition of the Northeastern Arizona FT337F, F 337G, and FT337GP Airplanes vide for the conveyance of approximately 140 and Southern Colorado Appropriated Fund [Docket No.: FAA-2011-0450; Directorate acres of land in the Ouachita National For- Federal Wage Areas (RIN: 3206-AM33) re- Identifier 2011-CF-010-AD; Amendment 39- est in Oklahoma to the Indian Nations Coun- ceived August 12, 2011, pursuant to 5 U.S.C. 16758; AD 2011-15-11] (RIN: 2120-AA64) received cil, Inc., of the Boy Scouts of America, and 801(a)(1)(A); to the Committee on Oversight August 19, 2011, pursuant to 5 U.S.C. for other purposes; with an amendment and Government Reform. 801(a)(1)(A); to the Committee on Transpor- (Rept. 112–218). Referred to the Committee of 3232. A letter from the Senior Procurement tation and Infrastructure. the Whole House on the state of the Union. Analyst, Department of the Interior, trans- 3241. A letter from the Deputy General Mr. HASTINGS of Washington: Committee mitting the Department’s final rule — Ac- Counsel, Small Business Administration, on Natural Resources. H.R. 795. A bill to ex- quisition Regulation Miscellaneous Changes transmitting the Administration’s final rule pand small-scale hydropower (Rept. 112–219, (RIN: 1093-AA13) received August 29, 2011, — Small Business HUBZone Program; Gov- Pt. 1). Ordered to be printed.

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\L23SE7.000 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6455

Mr. HASTINGS of Washington: Committee KELLY, Mr. HOLDEN, Mr. FITZPATRICK, of such provisions as fall within the jurisdic- on Natural Resources. H.R. 1258. A bill to Mr. WELCH, Mr. PITTS, and Mr. tion of the committee concerned. provide for the conveyance of parcels of land PLATTS): By Mr. KELLY (for himself, Mr. WEST- to Mantua, Box Elder County, Utah (Rept. H.R. 3042. A bill to provide for low interest MORELAND, Mr. FLAKE, Mrs. BLACK- 112–220). Referred to the Committee of the loans for small businesses in major disaster BURN, and Mr. HARPER): Whole House on the state of the Union. areas, and for other purposes; to the Com- H.R. 3050. A bill to amend title 23, United Mr. HASTINGS of Washington: Committee mittee on Small Business. States Code, to eliminate the requirement on Natural Resources. H.R. 1421. A bill to By Mrs. BLACKBURN (for herself, Mr. that States spend a certain amount of their amend the Water Resources Development LAMBORN, Mr. PENCE, Mr. PITTS, Mr. funds for transportation enhancement activi- Act of 1986 to clarify the role of the Cherokee RIBBLE, Mr. GINGREY of Georgia, Mr. ties; to the Committee on Transportation Nation of Oklahoma with regard to the GUINTA, Mr. MILLER of Florida, Mr. and Infrastructure. maintenance of the W.D. Mayo Lock and GOHMERT, Mr. PALAZZO, Mr. PRICE of By Mr. KUCINICH (for himself, Ms. Dam in Oklahoma (Rept. 112–221, Pt. 1). Or- Georgia, Mr. MCCARTHY of California, EDWARDS, Mr. ELLISON, Mr. JACKSON dered to be printed. Mr. WESTMORELAND, and Mrs. LUM- of Illinois, Mr. SCOTT of Virginia, Mr. Mr. HASTINGS of Washington: Committee MIS): SERRANO, Mr. CONYERS, Ms. LEE of on Natural Resources. H.R. 1560. A bill to H.R. 3043. A bill to amend the Balanced California, Mr. CLEAVER, and Mr. amend the Ysleta del Sur Pueblo and Ala- Budget and Emergency Deficit Control Act MEEKS): bama and Coushatta Indian Tribes of Texas of 1985 to reduce the discretionary spending H.R. 3051. A bill to abolish the death pen- Restoration Act to allow the Ysleta del Sur limit for fiscal year 2013 and 2014 to the fiscal alty under Federal law; to the Committee on Pueblo Tribe to determine blood quantum re- year 2012 level; to the Committee on the the Judiciary, and in addition to the Com- quirement for membership in that tribe Budget. mittee on Armed Services, for a period to be (Rept. 112–222). Referred to the Committee of By Mr. CANSECO (for himself, Mr. subsequently determined by the Speaker, in the Whole House on the state of the Union. HENSARLING, Mr. NEUGEBAUER, Mr. each case for consideration of such provi- Ms. ROS-LEHTINEN: Committee on For- BACHUS, and Mrs. CAPITO): sions as fall within the jurisdiction of the eign Affairs. H.R. 2583. A bill to authorize ap- H.R. 3044. A bill to amend the Dodd-Frank committee concerned. propriations for the Department of State for Wall Street Reform and Consumer Protec- By Mr. LARSEN of Washington (for fiscal year 2012, and for other purposes; with tion Act to repeal the Office of Financial Re- himself, Mrs. MCMORRIS RODGERS, an amendment (Rept. 112–223). Referred to search; to the Committee on Financial Serv- and Mr. HASTINGS of Washington): the Committee of the Whole House on the ices. H.R. 3052. A bill to amend the Internal Rev- state of the Union. By Mr. CANSECO (for himself and Mr. enue Code of 1986 to repeal the exception to f GARRETT): the treatment of consolidated groups under H.R. 3045. A bill to amend the Employee the personal holding company rules; to the PUBLIC BILLS AND RESOLUTIONS Retirement Income Security Act of 1974, the Committee on Ways and Means. Under clause 2 of rule XII, public Commodity Exchange Act, and the Securi- By Ms. LEE of California (for herself, bills and resolutions of the following ties Exchange Act of 1934 to ensure that pen- Mrs. CHRISTENSEN, Mr. HINCHEY, Mr. sion plans can use swaps to hedge risks, and COHEN, Mr. SERRANO, Mr. CLARKE of titles were introduced and severally re- for other purposes; to the Committee on Ag- Michigan, Ms. WOOLSEY, Mr. RANGEL, ferred, as follows: riculture, and in addition to the Committees Ms. NORTON, Mr. JACKSON of Illinois, By Mr. MARCHANT: on Education and the Workforce, and Finan- Mr. SABLAN, Mr. GRIJALVA, and Mr. H.R. 3038. A bill to amend title 49, United cial Services, for a period to be subsequently QUIGLEY): States Code, to direct the Secretary of determined by the Speaker, in each case for H.R. 3053. A bill to eliminate discrimina- Homeland Security to approve applications consideration of such provisions as fall with- tion in the law for those who have tested submitted by airport operators for participa- in the jurisdiction of the committee con- positive for HIV, and for other purposes; to tion in the security screening opt-out pro- cerned. the Committee on the Judiciary, and in addi- gram, and for other purposes; to the Com- By Mr. CARNAHAN (for himself, Mr. tion to the Committees on Energy and Com- mittee on Homeland Security. WITTMAN, Mr. CONNOLLY of Virginia, merce, and Armed Services, for a period to By Mr. HECK (for himself, Mr. MACK, Mr. CARTER, Mr. LOEBSACK, Ms. be subsequently determined by the Speaker, Mr. AMODEI, Ms. BERKLEY, Mr. WIL- BROWN of Florida, Mr. BRADY of in each case for consideration of such provi- SON of South Carolina, and Mr. Pennsylvania, Mr. COURTNEY, and Mr. sions as fall within the jurisdiction of the POSEY): JONES): committee concerned. H.R. 3039. A bill to promote job creation in H.R. 3046. A bill to amend the Internal Rev- By Mr. LEWIS of Georgia (for himself, the United States by directing the Secretary enue Code of 1986 to allow a credit against Ms. JACKSON LEE of Texas, Mr. RAN- of State to address inefficiencies in the visa income tax for amounts paid by a spouse of GEL, Mr. GRIJALVA, Ms. NORTON, Mr. processing system that discourage overseas a member of the Armed Forces for a new MEEKS, Mr. FILNER, Mr. DAVIS of Illi- business and leisure travel to the United State license or certification required by nois, Mr. JACKSON of Illinois, Mr. States, and for other purposes; to the Com- reason of a permanent change in the duty MCDERMOTT, Mr. STARK, Ms. LEE of mittee on the Judiciary, and in addition to station of such member to another State; to California, Ms. MOORE, Mr. MCGOV- the Committee on Foreign Affairs, for a pe- the Committee on Ways and Means. ERN, Mr. GUTIERREZ, Mr. PAYNE, Mr. riod to be subsequently determined by the By Mr. COHEN: BLUMENAUER, Mrs. CHRISTENSEN, Mr. Speaker, in each case for consideration of H.R. 3047. A bill to amend title 39, United RUSH, Mr. CUMMINGS, Mr. CONYERS, such provisions as fall within the jurisdic- States Code, to allow the United States Mr. HONDA, and Mr. COHEN): tion of the committee concerned. Postal Service to provide nonpostal services, H.R. 3054. A bill to authorize the Attorney By Mr. TIPTON (for himself, Mr. COLE, and for other purposes; to the Committee on General to award grants to eligible entities Mr. YOUNG of Alaska, Mr. GARDNER, Oversight and Government Reform. to prevent or alleviate community violence Ms. DEGETTE, Mr. PERLMUTTER, Mr. By Ms. DELAURO (for herself, Mr. by providing education, mentoring, and COFFMAN of Colorado, Mr. LUJA´ N, AND WELCH, Mr. PASCRELL, Mr. PRICE of counseling services to children, adolescents, MR. POLIS): North Carolina, Mr. FATTAH, Mr. HIN- teachers, families, and community leaders H.R. 3040. A bill to help fulfill the Federal CHEY, Mr. COURTNEY, and Mr. on the principles and practice of non- mandate to provide higher educational op- MICHAUD): violence; to the Committee on Education and portunities for Native American Indians; to H.R. 3048. A bill to amend the Internal Rev- the Workforce. the Committee on Education and the Work- enue Code of 1986 to provide a look back rule By Mr. LEWIS of Georgia: force, and in addition to the Committee on in the case of federally declared disasters for H.R. 3055. A bill to establish a National Appropriations, for a period to be subse- determining earned income for purposes of Parents Corps Program, and for other pur- quently determined by the Speaker, in each the child tax credit and the earned income poses; to the Committee on Education and case for consideration of such provisions as credit, and for other purposes; to the Com- the Workforce. fall within the jurisdiction of the committee mittee on Ways and Means. By Mr. LEWIS of Georgia (for himself, concerned. By Mr. GRIJALVA: Ms. JACKSON LEE of Texas, Mr. RAN- By Mr. COOPER (for himself, Mr. H.R. 3049. A bill to restore growth, spur job GEL, Mr. GRIJALVA, Ms. NORTON, Mr. DAVIS of Kentucky, Mr. PAUL, and creation, build momentum toward economic MEEKS, Mr. FILNER, Mr. DAVIS of Illi- Mr. SMITH of Texas): recovery for border communities and the nois, Mr. JACKSON of Illinois, Mr. H.R. 3041. A bill to amend chapter 111 of United States, and for other purposes; to the MCDERMOTT, Mr. STARK, Ms. LEE of title 28, United States Code, to limit the du- Committee on Homeland Security, and in ad- California, Ms. MOORE, Mr. MCGOV- ration of Federal consent decrees to which dition to the Committees on Ways and ERN, Mr. GUTIERREZ, Mr. PAYNE, Mr. State and local governments are a party, and Means, Transportation and Infrastructure, BLUMENAUER, Mrs. CHRISTENSEN, Mr. for other purposes; to the Committee on the Small Business, Oversight and Government RUSH, Mr. CUMMINGS, Mr. CONYERS, Judiciary. Reform, Foreign Affairs, and Agriculture, for Mr. HONDA, and Mr. COHEN): By Mr. BARLETTA (for himself, Mr. a period to be subsequently determined by H.R. 3056. A bill to authorize the Gandhi- YOUNG of Alaska, Mr. MARINO, Mr. the Speaker, in each case for consideration King Scholarly Exchange Initiative focusing

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A23SE7.042 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE H6456 CONGRESSIONAL RECORD — HOUSE September 23, 2011 on peace and nonviolence in global conflict vide for an additional allocation of funds to CONSTITUTIONAL AUTHORITY resolution, and for other purposes; to the the insular areas; to the Committee on En- STATEMENT Committee on Foreign Affairs. ergy and Commerce, and in addition to the By Mr. LONG (for himself, Mr. Committee on Education and the Workforce, Pursuant to clause 7 of rule XII of NUNNELEE, Mrs. EMERSON, Mr. for a period to be subsequently determined the Rules of the House of Representa- LUETKEMEYER, Mr. AKIN, Ms. LINDA by the Speaker, in each case for consider- tives, the following statements are sub- ´ T. SANCHEZ of California, Mr. BACH- ation of such provisions as fall within the ju- mitted regarding the specific powers US, Mr. MANZULLO, Mr. CHANDLER, risdiction of the committee concerned. grunted to Congress in the Constitu- Mr. CRITZ, Mr. CONYERS, Mr. STARK, By Mr. SARBANES (for himself, Mr. tion to enact the accompanying bill or Mr. CARNAHAN, and Mr. LIPINSKI): MORAN, Mr. CONNOLLY of Virginia, H.R. 3057. A bill to prevent the evasion of joint resolution. Mrs. MALONEY, Mr. LEWIS of Georgia, antidumping and countervailing duty orders, By Mr. MARCHANT: and Ms. RICHARDSON): and for other purposes; to the Committee on H.R. 3038. Ways and Means. H.R. 3064. A bill to provide for improve- Congress has the power to enact this legis- By Mr. LONG (for himself, Mr. KING of ments in the Federal hiring process, and for lation pursuant to the following: New York, Mr. MARINO, and Mr. other purposes; to the Committee on Over- This bill is submitted with the Constitu- MCCAUL): sight and Government Reform. tional authority granted in Article I, Section H.R. 3058. A bill to authorize the Secretary By Mr. SHULER (for himself, Mr. HUN- 8, ‘‘to provide for the Common Defense,’’ and of Homeland Security to permit a class devi- TER, Mr. CARDOZA, Mr. COSTA, Mr. Article I, Section 8, Clause 18, the ‘‘Nec- ation to the Federal Acquisition Regulation CHANDLER, Mr. MATHESON, Mr. essary and Proper Clause.’’ to support domestic emergency operations; THOMPSON of California, Mr. HOLDEN, By Mr. HECK: to the Committee on Transportation and In- Mr. BOSWELL, Mr. BOREN, Mr. ROSS of H.R. 3039. frastructure, and in addition to the Com- Arkansas, Mr. BARROW, Mr. KISSELL, Congress has the power to enact this legis- mittee on Oversight and Government Re- Mr. YOUNG of Alaska, Mr. LEWIS of lation pursuant to the following: form, for a period to be subsequently deter- California, Mr. HULTGREN, Mr. BART- The power granted to Congress under Arti- mined by the Speaker, in each case for con- LETT, Mr. HANNA, Ms. FOXX, Mr. BUR- cle I, Section 8, Clause 18 of the United sideration of such provisions as fall within TON of Indiana, Mr. MICHAUD, Mr. States Constitution, to make all laws which the jurisdiction of the committee concerned. KIND, Mr. HARRIS, Mr. CONAWAY, Mr. shall be necessary and proper for carrying By Mr. MCCAUL (for himself, Mr. BUCHANAN, Mr. COURTNEY, Mr. CAL- into execution the foregoing Powers, and all BUTTERFIELD, Mrs. MYRICK, Mr. VAN VERT, Mr. GENE GREEN of Texas, Mr. other powers vested by the Constitution in HOLLEN, Mr. BURGESS, Ms. SPEIER, MCINTYRE, Mr. WESTMORELAND, Mr. the Government of the United States, or in Mr. KELLY, Mr. JOHNSON of Georgia, CRITZ, Mr. GUTHRIE, Mr. BENISHEK, any Department or officer thereof. Mr. DAVIS of Illinois, Mr. TOWNS, Mr. ROSS of Florida, Mr. GUINTA, Mr. By Mr. TIPTON: Mrs. CHRISTENSEN, Mr. RUSH, Mr. AUSTRIA, Mr. LATTA, Mr. YODER, Mr. H.R. 3040. CUELLAR, Mr. BILBRAY, Mr. WOLF, Congress has the power to enact this legis- BROUN of Georgia, Mr. MCKINLEY, Mr. Mrs. MCMORRIS RODGERS, Mr. lation pursuant to the following: MILLER of Florida, Mr. KLINE, and KEATING, Mr. OLSON, Mr. CANSECO, The constitutional authority of Congress Mr. PETERSON): Mr. ROGERS of Alabama, Mr. BOU- to enact this legislation is provided by Arti- STANY, Mr. DAVIS of Kentucky, Ms. H.R. 3065. A bill to amend the Pittman- cle I, section 8 of the United States Constitu- ROS-LEHTINEN, Ms. PELOSI, and Mr. Robertson Wildlife Restoration Act to facili- tion, specifically clause 1 (relating to the ROTHMAN of New Jersey): tate the establishment of additional or ex- power of Congress to provide for the general H.R. 3059. A bill to amend the Federal panded public target ranges in certain welfare of the United States) and clause 18 Food, Drug, and Cosmetic Act to improve States; to the Committee on Natural Re- (relating to the power to make all laws nec- the priority review voucher incentive pro- sources, and in addition to the Committee on essary and proper for carrying out the pow- gram relating to tropical and rare pediatric the Judiciary, for a period to be subse- ers vested in Congress). diseases; to the Committee on Energy and quently determined by the Speaker, in each By Mr. COOPER: Commerce. case for consideration of such provisions as H.R. 3041. By Ms. NORTON: fall within the jurisdiction of the committee Congress has the power to enact this legis- H.R. 3060. A bill to make supplemental ap- lation pursuant to the following: propriations to provide additional funds to concerned. By Mr. TERRY: Article 1, Section 8, Clause 9; Article III, Americorps for the fiscal year ending Sep- Section 1, Clause 1; Article III, Section 2, tember 30, 2012, and to amend the Internal H.R. 3066. A bill to preserve the compan- Clause 2. Revenue Code of 1986 to extend and modify ionship services exemption for minimum By Mr. BARLETTA: payroll tax forgiveness; to the Committee on wage and overtime pay under the Fair Labor H.R. 3042. Appropriations, and in addition to the Com- Standards Act of 1938; to the Committee on Congress has the power to enact this legis- mittee on Ways and Means, for a period to be Education and the Workforce. lation pursuant to the following: subsequently determined by the Speaker, in By Mr. SCHILLING: This bill makes changes to existing law re- each case for consideration of such provi- lating to ‘‘Article 1 Section 8 of the U.S. sions as fall within the jurisdiction of the H. Con. Res. 82. Concurrent resolution pro- committee concerned. hibiting the House or Senate from adjourn- Constitution Clause 18.’’ By Mrs. BLACKBURN: By Mr. PALLONE (for himself, Mr. ing for a period of more than 3 days during H.R. 3043. JONES, Mr. ANDREWS, and Mr. FRANK a fiscal year unless the House involved has Congress has the power to enact this legis- of Massachusetts): adopted a concurrent resolution on the budg- H.R. 3061. A bill to amend the Magnuson- lation pursuant to the following: et for such fiscal year and has approved leg- The Congress enacts this bill pursuant to Stevens Fishery Conservation and Manage- islation to provide funding for the operations ment Act to extend the authorized time pe- Clause 1 and 2 of Section 8 of Article I of the of the government for the entire fiscal year; United States Constitution riod for rebuilding of certain overfished fish- to the Committee on Rules. eries, and for other purposes; to the Com- By Mr. CANSECO: By Mrs. DAVIS of California (for her- mittee on Natural Resources. H.R. 3044. self, Mr. GRIJALVA, Mr. DINGELL, and By Mr. PETERSON (for himself, Mr. Congress has the power to enact this legis- Mr. POLIS): SIMPSON, Mr. WELCH, Mr. COSTA, Mr. lation pursuant to the following: COURTNEY, Mr. SCHRADER, Mr. LAR- H. Res. 415. A resolution expressing support This bill is enacted pursuant to the power SEN of Washington, and Mr. LONG): for designation of the month of October 2011 granted to Congress under Article I, Section H.R. 3062. A bill to establish a program for as National Principals Month; to the Com- 8, Clause 3 of the United States Constitution. dairy producers under which producers can mittee on Education and the Workforce. By Mr. CANSECO: offset reductions in producer income when By Mr. MCCOTTER (for himself, Mr. H.R. 3045. the margin between milk prices and feed ROHRABACHER, Mr. WESTMORELAND, Congress has the power to enact this legis- costs is less than a specified amount, to es- Mr. BILIRAKIS, Mr. JONES, Mr. DIAZ- lation pursuant to the following: tablish a dairy market stabilization program BALART, Mr. SENSENBRENNER, and This bill is enacted pursuant to the power for producers participating in the margin Mrs. MYRICK): granted to Congress under Article I, Section protection program, to provide for the 8, Clause 3 of the United States Constitution. amendment of Federal milk marketing or- H. Res. 416. A resolution condemning Com- By Mr. CARNAHAN: ders, and for other purposes; to the Com- munist China’s discrimination, harassment, H.R. 3046. mittee on Agriculture. imprisonment, torture, and execution of its Congress has the power to enact this legis- By Mr. SABLAN (for himself, Mr. prisoners of conscience, and supporting the lation pursuant to the following: PIERLUISI, Mrs. CHRISTENSEN, Ms. Tuidang movement whereby Chinese citizens Article I, Section 8. ‘‘The Congress shall BORDALLO, and Mr. FALEOMAVAEGA): renounce their ties to the Chinese Com- have Power To lay and collect Taxes, Duties, H.R. 3063. A bill to amend the Low-Income munist Party; to the Committee on Foreign Imposts and Excises, to pay the Debts and Home Energy Assistance Act of 1981 to pro- Affairs. provide for the common Defense and general

VerDate Mar 15 2010 03:03 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\L23SE7.100 H23SEPT1 jbell on DSK7SPTVN1PROD with HOUSE September 23, 2011 CONGRESSIONAL RECORD — HOUSE H6457 Welfare of the United States; but all Duties, termine the Constitutionality of this author- welfare of the United States), clause 3 (relat- Imposts and Excises shall be uniform ity. ing to the power to regulate interstate com- throughout the United States.’’ By Ms. LEE of California: merce), and clause 18 (relating to the power By Mr. COHEN: H.R. 3053. to make all laws necessary and proper for H.R. 3047. Congress has the power to enact this legis- carrying out the powers vested in Congress). Congress has the power to enact this legis- lation pursuant to the following: By Mr. SABLAN: lation pursuant to the following: This bill is enacted pursuant to the power H.R. 3063. Article 1, section 8, clause 3 (relating to granted to Congress under Article I of the Congress has the power to enact this legis- the power to interstate commerce). United States Constitution and its subse- lation pursuant to the following: By Ms. DELAURO: quent amendments, and further clarified and Under Article I, section 8, clause 3 and Ar- H.R. 3048. interpreted by the Supreme Court of the ticle IV, section 3, clause 2 of the Constitu- Congress has the power to enact this legis- United States. tion. lation pursuant to the following: By Mr. LEWIS of Georgia: By Mr. SARBANES: Article I, Section 8, Clause 1 of the United H.R. 3054. H.R. 3064. States Constitution Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. GRIJALVA: lation pursuant to the following: lation pursuant to the following: H.R. 3049. This bill is enacted pursuant to the power Article I, Section 8 Congress has the power to enact this legis- granted to Congress under Article I of the By Mr. SHULER: lation pursuant to the following: United States Constitution and its subse- H.R. 3065. Article I, Section 8 of the United States quent amendments, and further clarified and Congress has the power to enact this legis- Constitution. interpreted by the Supreme Court of the lation pursuant to the following: By Mr. KELLY: United States. Article I, Section 8, Clause 1 H.R. 3050. By Mr. LEWIS of Georgia: The Congress shall have Power to lay and Congress has the power to enact this legis- H.R. 3055. collect Taxes, Duties, Imposts and Excises, lation pursuant to the following: Congress has the power to enact this legis- to pay the Debts and provide for the common Article I—Section 1—All legislative Pow- lation pursuant to the following: Defence and general Welfare of the United ers herein granted shall be vested in a Con- This bill is enacted pursuant to the power States; but all Duties, Imposts and Excises gress of the United States, which shall con- granted to Congress under Article I of the shall be uniform throughout the United sist of a Senate and House of Representa- United States Constitution and its subse- States. tives. quent amendments, and further clarified and By Mr. TERRY: Section. 8. interpreted by the Supreme Court of the H.R. 3066. Clause 1: The Congress shall have Power United States. Congress has the power to enact this legis- To lay and collect Taxes, Duties, Imposts By Mr. LEWIS of Georgia: lation pursuant to the following: and Excises, to pay the Debts and provide for H.R. 3056. Commerce Clause: Article I, Section 8, the common Defence and general Welfare of Congress has the power to enact this legis- Clause 3 the United States; but all Duties, Imposts lation pursuant to the following: f and Excises shall be uniform throughout the This bill is enacted pursuant to the power United States; granted to Congress under Article I of the ADDITIONAL SPONSORS Clause 3: To regulate Commerce with for- United States Constitution and its subse- eign Nations, and among the several States, Under clause 7 of rule XII, sponsors quent amendments, and further clarified and were added to public bills and resolu- and with the Indian Tribes; interpreted by the Supreme Court of the Clause 18: To make all Laws which shall be United States. tions as follows: necessary and proper for carrying into Exe- By Mr. LONG: H.R. 10: Mr. GOSAR. cution the foregoing Powers, and all other H.R. 3057. H.R. 23: Ms. DELAURO. Powers vested by this Constitution in the Congress has the power to enact this legis- H.R. 104: Mrs. CAPITO, Mr. HUNTER, and Mr. Government of the United States, or in any lation pursuant to the following: MEEHAN. Department or Officer thereof. Article I Section 8 Clause 1 H.R. 306: Mr. PIERLUISI. By Mr. KUCINICH: Article I Section 8 Clause 3 H.R. 374: Mr. LABRADOR and Mr. H.R. 3051. By Mr. LONG: FLEISCHMANN. Congress has the power to enact this legis- H.R. 3058. H.R. 539: Mr. NADLER and Ms. RICHARDSON. lation pursuant to the following: Congress has the power to enact this legis- H.R. 605: Mr. FRELINGHUYSEN. The Congress enacts this bill pursuant to lation pursuant to the following: H.R. 640: Mr. CARNAHAN and Mr. HOLDEN. Clause 18 of Section 8 of Article I of the Article I Section 8 Clause 1 H.R. 664: Mr. LOEBSACK. United States Constitution, as well as the Article I Section 8 Clause 14 H.R. 711: Ms. LEE of California and Mr. 5th Amendment to the United States Con- Article I Section 8 Clause 15 PRICE of North Carolina. stitution. Article I Section 8 Clause 16 H.R. 812: Ms. DELAURO and Mr. REHBERG. By Mr. LARSEN of Washington: By Mr. MCCAUL: H.R. 854: Mr. DOYLE, Mr. KUCINICH, and Mr. H.R. 3052. H.R. 3059. COSTELLO. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 860: Mr. PETERSON, Mr. RANGEL, Mr. lation pursuant to the following: lation pursuant to the following: COSTELLO, Ms. SCHWARTZ, Mr. CHABOT, Mr. Under Article 1, Section 2 of the Constitu- This legislation is authorized by the GARDNER, Mr. HUNTER, Mr. MACK, Mrs. tion, ‘‘the House of Representatives shall be United States Constitution under Article I, MYRICK, and Mr. MCNERNEY. composed of Members chosen every second Section 8, ‘‘Congress shall have the power To H.R. 890: Mr. FILNER. Year by the People of the several States.’’ As . . . provide for the common Defense and H.R. 912: Ms. CHU. described in Article 1, Section 1 ‘‘all legisla- general Welfare of the United States’’ and H.R. 1116: Ms. ROS-LEHTINEN. tive powers herein granted shall be vested in ‘‘To make all Laws which shall be necessary H.R. 1179: Mr. WALSH of Illinois. a Congress.’’ I was elected in 2010 to serve in and proper for carrying into Execution the H.R. 1195: Mr. SCHRADER. the 112th Congress as certified by the Sec- forgoing Powers.’’ H.R. 1219: Mr. LOBIONDO, Mr. ALEXANDER, retary of State of Washington state. By Ms. NORTON: Mr. SCHRADER, and Mr. MURPHY of Con- Article III, Section 2 states that the Su- H.R. 3060. necticut. preme Court has ‘‘the judicial power’’ that Congress has the power to enact this legis- H.R. 1236: Mr. PETRI, Ms. LORETTA SANCHEZ ‘‘shall extend to all cases, in law and equity, lation pursuant to the following: of California, and Mr. ALTMIRE. arising under this Constitution, the laws of clause 3 of section 8 of article I of the Con- H.R. 1297: Mr. ROONEY. the United States.’’ Article II, Section 1 of stitution. H.R. 1327: Mr. SENSENBRENNER, Mr. BROUN the Constitution provides that the Supreme By Mr. PALLONE: of Georgia, Mr. FARR, Mr. PRICE of North Court is the supreme law of the land when H.R. 3061. Carolina, Mr. ALTMIRE, and Mr. HASTINGS of stating ‘‘The judicial power of the United Congress has the power to enact this legis- Florida. States, shall be vested in one supreme lation pursuant to the following: H.R. 1340: Mr. CRAWFORD. Court.’’ section 8 of article I of the Constitution. H.R. 1351: Mr. VAN HOLLEN, Mr. CUELLAR, The power of judicial review of the Su- By Mr. PETERSON: Mr. BARLETTA, and Mr. DAVID SCOTT of Geor- preme Court was upheld in Marbury v Madi- H.R. 3062. gia. son in 1803, giving the Supreme Court the au- Congress has the power to enact this legis- H.R. 1370: Mr. CASSIDY. thority to strike down any law it deems un- lation pursuant to the following: H.R. 1426: Mr. MCINTYRE, Mr. SULLIVAN, constitutional. Members of Congress, having The constitutional authority of Congress Mr. FLEMING, Mr. BONNER, and Mr. RUPPERS- been elected and taken the oath of office, are to enact this legislation is provided by Arti- BERGER. given the authority to introduce legislation cle I, section 8 of the United States Constitu- H.R. 1471: Mr. RUSH. and only the Supreme Court, as established tion, specifically clause 1 (relating to the H.R. 1546: Mr. MCINTYRE, Mr. CONNOLLY of by the Constitution and precedent, can de- power of Congress to provide for the general Virginia, Mrs. MALONEY, Mr. OLVER, Mr.

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AUSTRIA, Ms. ZOE LOFGREN of California, Mr. H.R. 2478: Mr. YARMUTH and Mr. PRICE of H.R. 2934: Mr. CALVERT. MCDERMOTT, and Mrs. CAPITO. North Carolina. H.R. 2941: Mr. LONG. H.R. 1623: Mr. PETERS. H.R. 2479: Mr. REICHERT. H.R. 2951: Mr. ROE of Tennessee. H.R. 1633: Mr. STIVERS, Mr. CALVERT, and H.R. 2487: Mr. BLUMENAUER, Mr. BURTON of H.R. 2952: Mrs. MYRICK. Mr. LUETKEMEYER. Indiana, Mr. GRAVES of Georgia, Mr. H.R. 2960: Mr. BRALEY of Iowa, Mr. MORAN, H.R. 1653: Mr. CHANDLER. CHAFFETZ, and Mr. DEFAZIO. and Mr. BOSWELL. H.R. 1697: Mr. COSTA. H.R. 2499: Ms. SPEIER. H.R. 2961: Mr. PAUL. H.R. 1744: Mr. MILLER of Florida. H.R. 2505: Mr. GALLEGLY. H.R. 2977: Mr. RENACCI and Mr. TIBERI. H.R. 1754: Mr. THOMPSON of California. H.R. 2507: Mr. DUNCAN of South Carolina. H.R. 2985: Mrs. LUMMIS, Mr. ALTMIRE, Mr. H.R. 1755: Mr. COSTA. H.R. 2528: Mr. GOODLATTE, Mr. LATTA, and LANKFORD, Ms. JACKSON LEE of Texas, Mr. H.R. 1756: Mr. GOODLATTE. Mr. MANZULLO. GUINTA, and Mr. BRADY of Pennsylvania. H.R. 1845: Mr. ELLISON. H.R. 2559: Ms. CHU and Mr. PRICE of North H.R. 3023: Mr. KISSELL, Mr. ALTMIRE, and H.R. 1848: Mr. DESJARLAIS. Carolina. Mr. CRITZ. H.R. 1905: Mrs. BIGGERT, Mr. DENHAM, Mr. H.R. 2563: Mr. HANNA, Mr. TURNER of Ohio, H.R. 3032: Mr. SCHOCK. HASTINGS of Washington, and Mr. WEBSTER. and Mr. CARTER. H.J. Res. 2: Mr. AMODEI and Mr. TURNER of H.R. 1910: Mr. DOGGETT. H.R. 2569: Mr. MANZULLO and Mr. WHIT- New York. H.R. 1916: Mr. GONZALEZ. FIELD. H.J. Res. 69: Ms. HAHN. H.R. 1971: Mr. COURTNEY. H.R. 2595: Mr. GRIFFIN of Arkansas, Mr. H.J. Res. 71: Mr. MULVANEY, Mr. GOWDY, H.R. 2016: Mr. THOMPSON of California and MURPHY of Connecticut, Mr. ROTHMAN of Mr. GIBSON, and Mr. SCOTT of South Caro- Ms. WASSERMAN SCHULTZ. New Jersey, Mr. CONNOLLY of Virginia, Mr. lina. H.R. 2033: Mrs. MALONEY. CICILLINE, and Mr. LOEBSACK. H. Res. 60: Mr. AUSTIN SCOTT of Georgia. H.R. 2040: Mr. HERGER. H.R. 2629: Ms. MATSUI and Ms. LEE of Cali- H Res. 387: Mr. HOLT, Mr. ROYCE, and Mr. H.R. 2059: Mr. BENISHEK, Mr. HULTGREN, fornia. WILSON of South Carolina. and Mr. GRAVES of Missouri. H.R. 2655: Mr. HIGGINS, Ms. LEE of Cali- H. Res. 401: Mr. LIPINSKI. H.R. 2068: Mrs. BIGGERT. fornia, Ms. PINGREE of Maine, Mr. MICHAUD, H. Res. 407: Mr. FRELINGHUYSEN and Mr. H.R. 2104: Mr. JOHNSON of Ohio. Ms. TSONGAS, Mrs. NAPOLITANO, Mr. STARK, GERLACH. H.R. 2106: Mr. JOHNSON of Ohio. and Mr. COLE. H. Res. 413: Mr. OWENS. H.R. 2139: Mr. HALL, Mr. COLE, Mr. LONG, H.R. 2674: Ms. HIRONO. and Mr. CUMMINGS. H.R. 2679: Mr. YOUNG of Alaska and Mr. f H.R. 2159: Mr. FARR, Mr. BUTTERFIELD, and TIERNEY. Mr. HOLDEN. H.R. 2697: Mr. LONG. DELETIONS OF SPONSORS FROM H.R. 2182: Mr. BRADY of Pennsylvania. H.R. 2698: Mr. LARSEN of Washington and PUBLIC BILLS AND RESOLUTIONS H.R. 2183: Ms. BUERKLE. Mr. SIMPSON. Under clause 7 of rule XII, sponsors H.R. 2207: Mr. POLIS, Mr. BLUMENAUER, and H.R. 2705: Mr. PRICE of North Carolina and Mr. HINCHEY. Mr. LARSEN of Washington. were deleted from public bills and reso- H.R. 2223: Ms. SUTTON. H.R. 2718: Mr. HANNA and Mrs. ELLMERS. lutions as follows: H.R. 2273: Mrs. ADAMS. H.R. 2746: Mr. ISRAEL, Mr. BACA, and Mr. H.R. 639: Mr. SCOTT of South Carolina. H.R. 2299: Mr. GOODLATTE and Mr. LANDRY. FRANK of Massachusetts. H.R. 2337: Mr. KILDEE, Ms. SCHWARTZ, Mr. H.R. 2757: Mr. FILNER and Mr. COHEN. f MCGOVERN, Mr. DEFAZIO, Mr. DOYLE, Mr. H.R. 2797: Ms. GRANGER. THOMPSON of California, and Mr. KUCINICH. H.R. 2820: Mr. LIPINSKI. DISCHARGE PETITIONS— H.R. 2358: Mr. PRICE of North Carolina. H.R. 2829: Mr. BILIRAKIS, Mr. FINCHER, and ADDITIONS OR DELETIONS H.R. 2369: Mr. HOYER, Mrs. MILLER of Mr. LUETKEMEYER. The following Members added their Michigan, Mr. LABRADOR, Mr. MCKEON, Mr. H.R. 2833: Mr. STEARNS, Mr. GOSAR, and Mr. names to the following discharge peti- GARY G. MILLER of California, and Mr. WAX- LANKFORD. MAN. H.R. 2888: Mrs. MYRICK. tion: H.R. 2397: Mr. KISSELL. H.R. 2918: Mr. DANIEL E. LUNGREN of Cali- Petition 2 by Mr. GOHMERT on H.R. 1297: H.R. 2433: Mr. TURNER of Ohio, Mr. BONNER, fornia, Mr. CONNOLLY of Virginia, and Mrs. Justin Amash, Paul A. Gosar, Martha Roby, Mr. LOBIONDO, and Mr. LAMBORN. SCHMIDT. Vicky Hartzler, Tom Graves, Michael H. H.R. 2471: Mr. STEARNS and Mr. GRIFFIN of H.R. 2925: Ms. SCHWARTZ and Mr. SCHRA- Michaud, Lynn A. Westmoreland, Mick Arkansas. DER. Mulvaney, Jeffrey M. Landry, Jeff Duncan.

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Vol. 157 WASHINGTON, FRIDAY, SEPTEMBER 23, 2011 No. 143 Senate The Senate met at 9 a.m. and was Mr. WHITEHOUSE thereupon as- I ask unanimous consent that at 11:20 called to order by the Honorable SHEL- sumed the chair as Acting President this morning, not withstanding the DON WHITEHOUSE, a Senator from the pro tempore. message not having been received from State of Rhode Island. f the House with respect to H.R. 2608, the House message be considered to have PRAYER RECOGNITION OF THE MAJORITY been laid before the Senate; further, LEADER The Chaplain, Dr. Barry C. Black, of- that I may move to concur in the fered the following prayer: The ACTING PRESIDENT pro tem- House amendment to the Senate Let us pray. pore. The majority leader is recog- amendment to H.R. 2608 with an Eternal Spirit, the God of all com- nized. amendment, the text of which is the forts, the challenges continue, but You f House amendment with a technical change; that there be 10 minutes of de- have promised us strength for each new SCHEDULE day. So give us this day our daily intel- bate, equally divided, between the two lectual, physical, social, and spiritual Mr. REID. Mr. President, I am in a leaders or their designees; that upon bread that we may honor You. moment going to note the absence of a the use or yielding back of that time, Empower our Senators today to be- quorum. There will be no speeches the majority leader be recognized to come instruments of Your grace, con- until the Republican leader and I have move to table the motion to concur tinuing Your work on Earth to liberate a chance to visit and determine what with an amendment and the Senate the captives. May our lawmakers seize we are going to do this morning. We ex- proceed to a vote on the motion to the opportunities You give them to pect a vote fairly quickly. We will do table the motion to concur with an protect and bless our world. the best we can. We are waiting for a amendment, with no intervening ac- We pray in Your holy Name. Amen. message from the House. tion or debate. At this time, I suggest the absence of The PRESIDING OFFICER. Is there f a quorum. objection? Without objection, it is so ordered. PLEDGE OF ALLEGIANCE The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. Mr. REID. I suggest the absence of a The Honorable SHELDON WHITEHOUSE The assistant legislative clerk pro- quorum and ask the time be equally di- led the Pledge of Allegiance, as follows: ceeded to call the roll. vided. I pledge allegiance to the Flag of the Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without United States of America, and to the Repub- imous consent the order for the objection, it is so ordered. The clerk lic for which it stands, one nation under God, quorum call be rescinded. will call the roll. indivisible, with liberty and justice for all. The assistant legislative clerk pro- The PRESIDING OFFICER (Mr. ceeded to call the roll. f FRANKEN). Without objection, it is so Mr. REID. Mr. President, I ask unan- ordered. APPOINTMENT OF ACTING imous consent the order for the PRESIDENT PRO TEMPORE f quorum call be rescinded. RESERVATION OF LEADER TIME The PRESIDING OFFICER. Without The PRESIDING OFFICER. The objection, it is so ordered. clerk will please read a communication The PRESIDING OFFICER (Mr. Mr. REID. Mr. President, we can see to the Senate from the President pro UDALL of New Mexico). Under the pre- there is not a stampede to talk, so I tempore (Mr. INOUYE). vious order, the leadership time is re- now ask unanimous consent that not- The assistant legislative clerk read served. withstanding the previous order, the the following letter: f motion to table be in order now. U.S. SENATE, The PRESIDING OFFICER. Without UNANIMOUS CONSENT PRESIDENT PRO TEMPORE, objection, it is so ordered. Washington, DC, September 23, 2011. AGREEMENT—H.R. 2608 f To the Senate: Mr. REID. Mr. President, I apologize Under the provisions of rule I, paragraph 3, to all Members for not being able to SMALL BUSINESS PROGRAM EX- of the Standing Rules of the Senate, I hereby get here more quickly, but we have TENSION AND REFORM ACT OF appoint the Honorable SHELDON WHITEHOUSE, 2011 a Senator from the State of Rhode Island, to done the best we can. I have been wait- perform the duties of the Chair. ing to hear from the Speaker for the The PRESIDING OFFICER. Under DANIEL K. INOUYE, last half hour or so and he has not the previous order, the House message President pro tempore. called. is considered laid before the Senate.

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

S5921

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VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5922 CONGRESSIONAL RECORD — SENATE September 23, 2011 Mr. REID. Mr. President, I move to The assistant legislative clerk read There appears to be a sufficient sec- concur, with an amendment. The as follows: ond. amendment is at the desk. The Senator from Nevada [Mr. REID] moves The yeas and nays were ordered. (The text of the amendment (No. 655) to concur in the House amendment to the AMENDMENT NO. 659 is printed in today’s RECORD under Senate amendment to H.R. 2608, with an Mr. REID. Mr. President, I have an ‘‘Text of Amendments.’’) amendment numbered 656. amendment to my instruction that is The PRESIDING OFFICER. The (The amendment is printed in today’s also at the desk. question is on agreeing to the motion RECORD under ‘‘Text of Amendments.’’) The PRESIDING OFFICER. The to concur in the House message with Mr. REID. Mr. President, I ask for clerk will report the amendment. respect to H.R. 2608, with amendment the yeas and nays on that. The assistant legislative clerk read No. 655. The PRESIDING OFFICER. Is there a as follows: Mr. REID. I move to table that and sufficient second? The Senator from Nevada [Mr. REID] pro- ask for the yeas and nays. There appears to be a sufficient sec- poses an amendment numbered 659 to the in- The PRESIDING OFFICER. Is there a ond. structions of the motion to refer. The yeas and nays were ordered. sufficient second? The amendment is as follows: There appears to be a sufficient sec- CLOTURE MOTION ond. In the amendment, strike ‘‘3 days’’ and in- Mr. REID. Mr. President, I have a sert ‘‘2 days’’. The clerk will call the roll. cloture motion at the desk. The assistant legislative clerk called The PRESIDING OFFICER. The clo- Mr. REID. I ask for the yeas and nays the roll. ture motion having been presented pur- on that. Mr. KYL. The following Senators are suant to rule XXII, the Chair directs The PRESIDING OFFICER. Is there a necessarily absent: the Senator from the clerk to read the motion. sufficient second? Wyoming (Mr. BARRASSO), the Senator The assistant legislative clerk read There appears to be a sufficient sec- from Georgia (Mr. CHAMBLISS), the Sen- as follows: ond. The yeas and nays were ordered. ator from Oklahoma (Mr. COBURN), the CLOTURE MOTION AMENDMENT NO. 660 TO AMENDMENT NO. 659 Senator from Tennessee (Mr. CORKER), We, the undersigned Senators, in accord- and the Senator from Wyoming (Mr. ance with the provisions of rule XXII of the Mr. REID. I have a second-degree ENZI). Standing Rules of the Senate, hereby move amendment to my instructions at the Further, if present and voting, the to bring to a close debate on the Reid motion desk. Senator from Tennessee (Mr. CORKER) to concur in the House amendment to the The PRESIDING OFFICER. The would have voted ‘‘yea.’’ Senate amendment to H.R. 2608, with amend- clerk will report the amendment. The PRESIDING OFFICER. Are there ment No. 656. The assistant legislative clerk read any other Senators in the Chamber de- Harry Reid, Daniel K. Inouye, Tom as follows: siring to vote? Udall, Charles E. Schumer, Richard J. Durbin, Mary L. Landrieu, Patty Mur- The Senator from Nevada [Mr. REID] pro- The result was announced—yeas 59, ray, Patrick J. Leahy, Richard poses an amendment numbered 660 to amend- nays 36, as follows: Blumenthal, Benjamin L. Cardin, Shel- ment No. 659. [Rollcall Vote No. 151 Leg.] don Whitehouse, Sherrod Brown, Maria The amendment is as follows: YEAS—59 Cantwell, Daniel K. Akaka, Jack Reed, In the amendment, strike ‘‘2 days’’ and in- Akaka Harkin Paul Debbie Stabenow, Kay R. Hagan. sert ‘‘1 day’’. Baucus Inouye Pryor AMENDMENT NO. 657 TO AMENDMENT NO. 656 Mr. REID. Mr. President, I ask unan- Begich Johnson (SD) Reed Mr. REID. Mr. President, I now have Bennet Johnson (WI) imous consent that the mandatory Reid a second-degree amendment at the Bingaman Kerry Risch quorum requirement under rule XXII Blumenthal Klobuchar Rockefeller desk. be waived with respect to the cloture Boxer Kohl Rubio The PRESIDING OFFICER. The motion I just filed. Brown (OH) Landrieu Sanders clerk will report. Cantwell Lautenberg The PRESIDING OFFICER. Without Schumer Cardin Leahy The assistant legislative clerk read Shaheen objection, it is so ordered. Carper Lee as follows: Stabenow Mr. REID. Mr. President, I now ask Casey Levin Tester The Senator from Nevada [Mr. REID] pro- unanimous consent that the vote on Conrad Lieberman poses an amendment numbered 657 to amend- Coons Manchin Toomey the motion to invoke cloture on the ment No. 656. DeMint McCaskill Udall (CO) motion to concur with an amendment Durbin Menendez Udall (NM) The amendment is as follows: Feinstein Merkley Warner occur at 5:30 p.m., Monday, September Franken Mikulski Webb At the end, add the following new section: 26. Gillibrand Murray Whitehouse Section ll The PRESIDING OFFICER. Is there Hagan Nelson (FL) Wyden This Act shall become effective 4 days after enactment. objection? NAYS—36 The minority leader. MOTION TO REFER, WITH AMENDMENT NO. 658 Mr. MCCONNELL. Reserving the Alexander Grassley McConnell Mr. REID. Mr. President, I have a Ayotte Hatch Moran right to object and with the indulgence motion to refer the House message to Blunt Heller Murkowski of my friend the majority leader, let Boozman Hoeven Nelson (NE) the Appropriations Committee with in- me make some brief remarks about Brown (MA) Hutchison Portman structions to report back forthwith, Burr Inhofe Roberts where we are. with an amendment. Coats Isakson Sessions For anyone who is confused about The PRESIDING OFFICER. The Cochran Johanns Shelby what is going on in Congress right now, Collins Kirk Snowe clerk will report. Cornyn Kyl Thune The assistant legislative clerk read let me make it easy. In order to keep Crapo Lugar Vitter as follows: the government running beyond next Graham McCain Wicker week, Congress needs to pass a short- The Senator from Nevada [Mr. REID] moves NOT VOTING—5 to refer the House message on H.R. 2608 to term bill that funds government oper- Barrasso Coburn Enzi the Senate Appropriations Committee with ations at a spending level to which Chambliss Corker instructions to report back forthwith, with both parties can agree. The good news The motion was agreed to. an amendment numbered 658. is, we have already agreed on a spend- The PRESIDING OFFICER (Mr. The amendment is as follows: ing level. That has already been done. FRANKEN). The majority leader. At the end, add the following new section: Last night, the House of Representa- MOTION TO CONCUR, WITH AMENDMENT NO. 656 Section ll tives passed a bill that meets that fig- Mr. REID. Mr. President, I now move This Act shall become effective 3 days ure we agreed on a couple of months to concur in the House amendment to after enactment. ago. the Senate amendment to H.R. 2608, Mr. REID. Mr. President, I ask for Here is the holdup. Because of some with an amendment. the yeas and nays on that. of the horrible weather we have had The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a over the past several weeks, we have clerk will report the motion. sufficient second? all agreed to add emergency funds we

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5923 didn’t originally plan in this bill, and vember 18. That is what the House Mr. REID. I renew my request. I Republicans have identified a couple of wanted. There also is money in this bill would tell everyone—as my friend said, cuts to make sure we don’t make the to take care of FEMA. And even we will have the vote on Monday. We deficit any bigger than it is already, in- though we passed a bill here with bi- will keep the vote open, and if people cluding an offset Leader PELOSI has partisan support that had $6.9 billion, are pressed on planes, I will work with used in the past. The rest is from a cut which we believed was an appropriate the Republican leader and make sure to a loan guarantee program that gave figure, in an effort to compromise on that everyone is protected as much as us the Solyndra scandal. I think we can this CR, we have the number the House possible. all agree this program should be put on thinks is a better number. That is what The PRESIDING OFFICER. Is there hold until we get more answers, but is before us. objection to the renewed request for our friends on the other side don’t like So, Mr. President, my suggestion to Monday? the idea. They would rather just add my friend—and he is my friend—is that Without objection, it is so ordered. these funds to the deficit. Why? Be- the two Democratic leaders, REID and Mr. MCCAIN. Mr. President, as my cause, they say, that is the way we PELOSI, and the two Republican lead- colleagues know, last night the House have always done things around here. ers, MCCONNELL and BOEHNER, should of Representatives approved a con- Well, I think there is a lesson we can just cool off a little bit and then work tinuing resolution which includes crit- draw from the debates we have been through this. There is a compromise ical funding for the Federal Emergency having here over the last 6 months; here, and the compromise is now before Management Agency, FEMA. It has that is, the American people won’t ac- the Senate. Everyone, once in a while, been reported that my friends on the cept that excuse any longer. The whole needs a little cooling-off period. other side of the aisle are committed to ‘‘that is the way we have always done The government is not shutting defeating this measure because the it’’ argument is the reason we have a down. I spoke to Mr. Fugate myself, FEMA spending has been offset by a $14 trillion debt right now. and FEMA is not out of money. We will $1.5 billion reduction in the Advanced If we pass this bill, FEMA will have come here Monday, and more reason- Technology Vehicles Manufacturing the funds they need—have the funds able heads will prevail. I hope over the Loan Program. they need—to respond to these emer- weekend the four leaders can lead their I would like to remind my colleagues gencies. That is not the issue. What is troops in the right direction. that in 2009, before the change of lead- at issue is whether we are going to add So I again ask unanimous consent ership in the House, that body sent to the debt. that the vote on the motion to invoke over a bill, H.R. 3435, to ‘‘Make supple- We have a path forward to get dis- cloture on the motion to concur with mental appropriations for fiscal year aster funding done right here, today. an amendment occur at 5:30 p.m., Mon- 2009 for the Consumer Assistance to There is absolutely no reason, in my day, September 26. Recycle and Save Program’’—otherwise judgment, to delay funding for disas- The PRESIDING OFFICER. Is there known as ‘‘Cash-for-Clunkers.’’ That ters until Monday, as my friend the objection? bill provided an additional $2 billion, majority leader is now asking us to do. Mr. MCCONNELL. Reserving the on top of an already appropriated $1 I don’t think we ought to delay at all. right to object, obviously, here in the billion, for a program that did nothing We just received the amendment a few Senate we would have a 60-vote thresh- to boost long-term car sales in this minutes ago, but we are aware of what old, and that is what we will have Mon- country. it does, and I think it is important for day afternoon. I see no reason why we And how was the second appropria- us to try to resolve this issue sooner shouldn’t advance that to now so it can tion to ‘‘Cash-for-Clunkers’’ paid for? rather than later. be clear whether this measure would You guessed it, unused funds from a Let’s just walk through the next few pass the Senate. I am pretty confident Department of Energy loan guarantee days. If we don’t have this vote until it will not, and I don’t see any purpose program. The former leadership in the Monday, that leaves 24 hours or so be- to be served by delaying the outcome House transferred money from the De- fore the Jewish holidays begin and of that, making the outcome clear on partment of Energy Innovative Tech- then several days before the end of the Monday when we could have a clear nology Loan Guarantee Program that fiscal year. It strikes me that we would outcome today; therefore, I object. was funded by the stimulus bill. be better off going ahead and having The PRESIDING OFFICER. Objec- If ‘‘Cash-for-Clunkers’’ was impor- this vote now and entering into the dis- tion is heard. tant enough to transfer money from a cussions that will probably now be de- The majority leader. loan guarantee program that was not layed until sometime Monday night to Mr. REID. Mr. President, first of all, being utilized, why not the disaster re- see how we can resolve this impasse be- we have a piece of legislation at the lief we are seeking to fund now? I tween the House and Senate. desk that takes care of all the issues. would like to hear from my friends on We would be happy to have the clo- It takes care of funding the govern- the other side of the aisle as to what ture vote on the proposal of my friend ment after October 1, and it also takes made ‘‘Cash-for-Clunkers’’ so critical the majority leader right now rather care of FEMA for the foreseeable fu- to our Nation’s health that we could than Monday night so we can get a ture. It is a nice piece of legislation. pay for it with money from a loan clear sense of where we stand. It is my It is not our number; it is the House guarantee program but are unable to view that we ought to have the vote number. do the same with FEMA? today rather than wait until Monday I ask unanimous consent that the And what is it about the Advanced and basically squander the next few Reid motion to concur to the House Technology Vehicles Manufacturing days toward getting an agreement we amendment to the Senate amendment Loan Program that the majority know we have to reach. Therefore, Mr. H.R. 2608 with amendment No. 656 be prioritizes over FEMA’s disaster relief President—and I thank my friend the agreed to, the motion to reconsider be efforts? majority leader for letting me explain considered made and laid on the table, According to the Government Ac- my position—I object. with no intervening action or debate, countability Office, the Department of The PRESIDING OFFICER. Objec- and any statements relating to this bill Energy has not obtained technical ex- tion is heard. be placed in the RECORD at the appro- pertise to monitor the loan program, The majority leader. priate place as if read. In fact, what we developed sufficient performance meas- Mr. REID. First of all, my friend, I are asking here is the CR, with the ures to ensure the loan guarantee pro- am sure, understands that this great FEMA language, be passed. gram achieves its intended goals, and piece of legislation that was sent to us The PRESIDING OFFICER. Is there ‘‘could not provide Congress with infor- by the House received 36 votes over objection? mation on whether the program was here. It was tabled on a bipartisan Mr. MCCONNELL. Mr. President, we achieving its goals and warranted con- basis. will have that vote on Monday. I ob- tinued support.’’ The matter that is now before the ject. There is absolutely no excuse for not Senate is really a nice piece of legisla- The PRESIDING OFFICER. Objec- passing the continuing resolution ap- tion. It funds the government until No- tion is heard. proved by the House last night.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5924 CONGRESSIONAL RECORD — SENATE September 23, 2011 Mr. REID. I note the absence of a Washington State reduced its foster in the Senate and in the House of Rep- quorum. care caseloads by 13.8 percent during a resentatives. The PRESIDING OFFICER. The similar time period. First of all, this year we have seen a clerk will call the roll. Unfortunately, instead of being re- terrible string of natural disasters that The bill clerk proceeded to call the warded for these actions, we were pe- have shut down businesses and left roll. nalized, and that is what this legisla- families homeless across America. As The PRESIDING OFFICER. The Sen- tion has helped to correct. In fact, we chair of the Agriculture Committee, I ator from Washington. lost $2.7 million during that time pe- am certainly very concerned about the Ms. CANTWELL. Mr. President, I ask riod. So this legislation, instead of flooding along the Mississippi and Mis- unanimous consent that the quorum punishing Washington State for keep- souri Rivers, and the record droughts call be rescinded. ing kids out of foster care, helps us en- that have devastated the livelihoods of The PRESIDING OFFICER. Without sure the kind of innovation that will men and women who grow our food objection, it is so ordered. help us to make sure the best programs across America. Ms. CANTWELL. I ask consent to are implemented. This allows Wash- In response to that, the Senate, on a speak as if in morning business. ington to increase its capacity to keep strong bipartisan basis, responded to The PRESIDING OFFICER. Without doing the things that keep children provide the funding for FEMA to help objection, it is so ordered. who have been in the foster care sys- with communities across America, 48 f tem from being in the foster care sys- States, to be able to respond and be able to do what we always do as Ameri- CHILD AND FAMILY SERVICES IM- tem the entirety of their childhood. This instead drives them, hopefully, cans—to be able to step forward and PROVEMENT AND INNOVATION work together and meet these kinds of ACT successfully back with their families. Our State can invest in evidence- natural disasters and the help that is Ms. CANTWELL. Mr. President, I based programs that have proven to needed. know my colleagues here want to join work, and just as this legislation will We sent that to the House. The House decided, on the other hand, that they in on the debate that just transpired, help us to do, it will make sure that not only would lower the funding but I wanted to take a minute to talk children don’t bounce from foster home amount, even though we know that about Senate bill 1542, which passed to foster home on a continuing basis. means multiple times now having to last night. I know, just as people are We will help to keep kids out of the keep churning to work something out, frustrated here with everything that is care system and, when possible, place but they have cut the amount. Then going on, I think it is important to them back safely with families. they added to it an effort to cut in half stop for a second, when something does Washington State Representative a public-private sector effort that is pass and it is good policy, that we talk Ruth Kagi, who has been a tireless ad- about it, and that is the Child and creating jobs. vocate for this system, said it best: I know people in Michigan and people Family Services Improvement and In- Title IV-E waivers can help the State move novation Act. across the country would be scratching from purchasing specific services to pur- their heads, saying, Wait a minute. Did Congress took a pretty big step last chasing specific outcomes. night by improving the lives of chil- I hear this right? We are stepping for- I thank Chairman BAUCUS and Rank- ward to help families who had their dren by the passage of this legislation. ing Member HATCH for their timely and It is about keeping families together. house wiped out or their business wiped innovative work on this legislation. I out or their farm wiped out or some It is about rewarding government effi- wish my colleagues could have been at ciency and driving down costs, and it is other horrendous challenge because of the hearing that was held earlier this natural disasters. In order to help about giving flexibility to invest in year when Senator BAUCUS asked programs that are proven to work for them, the House Republicans are say- young adults, who had been part of the ing we have to cut jobs. That makes kids and families. foster system for their entire lives, This bill is about America’s children. absolutely no sense. how to change the system. I would say that while Michigan was It is about making sure that America’s I thank the chairman for taking into very fortunate that we were not one of foster care program works for children consideration the specific improve- the 48 States that has lost, because of so they can keep their families to- ments and innovations that Wash- weather disasters, homes or businesses gether. Too often, our Federal policies ington State has advocated. And I or jobs or families, we have had a dif- have punished States which have inno- thank my colleague, Representative ferent kind of disaster that has been vative programs, giving States money JIM MCDERMOTT, and the Washington going on. It is an economic disaster, it based on how many kids were still in State legislators who worked on this, is a jobs disaster. foster care instead of rewarding success including Partners for Our Children, I find it appalling that, on the one and innovation that helped transition the Children’s Home Society of Wash- hand, we see strong support on the children out of the foster care system ington, and the various social workers other side of the aisle to rebuild homes and back with their families. and advocates who, in our State, con- and businesses and roads and schools in Let me tell you what has happened in tinue to try to innovate when it comes Iraq and Afghanistan. We are not say- Washington State. We have been imple- to foster care in America. ing there, well, gosh, we need to take menting innovative programs to im- This legislation is a major step for- away an effort to fund jobs or edu- prove foster care for many years now. ward to promote innovation on a Fed- cation here at home to be able to fund When Washington State noticed a dis- eral basis and to help keep families to- what we are doing in Iraq and Afghani- proportionate number of Native-Amer- gether. In doing so, we will have the stan. But when it comes to helping peo- ican children being placed in foster benefit of also driving more efficiency ple in America, somehow we can’t work care, our advocates took action and and driving down the cost. But, more together and get that done without implemented the Washington Indian importantly, we are going to be work- having to pit one State which has a Child Welfare Act in developing strate- ing to strengthen America’s children jobs crisis against another State which gies for strengthening tribal relation- and families by trying effectively to has a flood or a hurricane or a drought. ships and promoting the best interests keep them together. I don’t find that to be very American. of Native-American children. I thank the President, and I yield the I think it is time to stop playing pol- When Washington State noticed in floor. itics. When hundreds of thousands of general how long children were staying The PRESIDING OFFICER. The Sen- families and businesses have been dev- in foster care, advocates took action, ator from Michigan. astated by unprecedented strings of this time implementing policies to help f floods, tornadoes, hurricanes, wildfires, reduce the length of stay for children and other natural disasters, we ought in out-of-home care. As a result, the AMERICAN JOBS to be stepping up, doing what we did in median length of stay for children in Ms. STABENOW. Mr. President, I the Senate and passing a bipartisan bill out-of-home care declined almost 100 want to speak for a few moments about to help those families, those busi- days between 2009 and 2011. In addition, what has been happening all week here nesses, those farms, without playing

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5925 politics and trying to hurt other States would be idle, empty, an eyesore, and cause of our efforts, from producing 2 that have been hit by other kinds of be able to bring those back with new percent of the world’s batteries, we are economic disasters. technologies that are going to get us on our way to producing 40 percent, We have 14 million people out of off of foreign oil and are creating jobs— having the capacity to manufacture work in this country, and that doesn’t 41,000 jobs so far. and create 40 percent of the world’s count people working part time two The real insult to me, as I look at batteries within the next 3 years. Why? jobs, three jobs, or trying to piece it all what is happening to people in my Because we have been working to- together in some way. We know it is State and across the country, is that gether in partnerships with industry, much higher than that when you count they are poised to be giving out up to which is what our industry is com- those individuals and families. For 11 additional loans to partner with peting against around the world. each and every one of them, their job business in the next couple of months The U.S. Chamber of Commerce said: search is an emergency. It is an emer- that will create somewhere between ‘‘The ATVM loan program . . . pro- gency every time they think about how 40,000 and 50,000 new jobs, saving or cre- motes manufacturing in the U.S. and is to put food on the table for their fam- ating new jobs in the next few weeks. an important component of America’s ily. It is an emergency every month And right when this is about to happen, energy security.’’ when they have to scrape together the the House Republicans are saying: Oh, We all want to get off foreign oil. We money they need for rent or to pay the no, in order to help the folks in Joplin, do not want to be buying oil from folks mortgage. It is an emergency every MO, who are wiped out as a commu- we do not like and they don’t like us time these men and women are filling nity, we want to make sure we are not and we can’t trust them. We have an out applications, every day going to creating jobs in Michigan; that we are opportunity, through the efforts we are job fairs, going on the Internet, trying not creating jobs in Indiana, Ohio, Illi- focused on around alternative vehicles to fill out forms, getting in lines, to nois, Florida, Louisiana, California, and battery initiatives, to get off for- find the best way to be able to get back Minnesota, wherever it is; that some- eign oil. This makes absolutely no sense to to work. It is an emergency. how we have to pit Americans against me. We have multiple other letters— So, to me, it is outrageous that the each other. That is not the America I the Alliance for Automobile Manufac- House of Representatives—the Repub- know and love. licans in the House—has included a job- In Michigan we don’t have a weather turers, the Blue/Green Alliance—we killing offset to what is an important emergency. But we stand with every have others who have come back and disaster assistance bill, to pull the rug single State on this floor, every single shared that as well. We are at a moment when we know out from businesses across the country Member who has had one. We stand as we need to pass a continuing resolution and put up to 50,000 American jobs at Americans together to support people on the regular budget. We have a new risk. across this country. But we say, Stop, Let me tell you about what this par- process for a supercommittee to look when that means that somehow an ef- at how we take on and tackle the ticular program is. I am proud to have fort to make things in America, manu- issues around our national debt and championed this and initiated it in the facturing, the backbone of our econ- economic growth. During the process Energy bill back in 2007, a bipartisan omy, is somehow attacked one more that set that up, there was an agree- bill signed by President Bush. It was time and partnerships taken away in ment on the budget numbers. We have slow to get going initially to get the order to make that happen. the ability to pass that now. We have funding. I am proud that President It makes absolutely no sense. That is passed a bill to help our citizens across Obama embraced it and moved forward what this debate is about. I wish to the country who have had weather dis- to be able to put in place an alter- share some comments because we re- asters, natural disasters. We came to- native vehicle manufacturing loan pro- ceived a lot of support. I wish to share gether in the Senate to do that. The gram to help retool plants in America a couple comments, if I might, on the House has that. so we wouldn’t be losing the production floor. There is one thing standing in the of new, small plug-in electric vehicles The National Association of Manu- way: whether at this time we are going and other new technology vehicles to facturers has sent a letter opposing the to say to people in Michigan and in other countries. It is a loan program to defunding of this particular partner- other States where the economic dis- retool plants in America, and it is ship and they say: ‘‘Defunding the Ad- aster has been overwhelming that we working. vanced Technology Vehicle Manufac- are going to pit their need for jobs In Michigan, these retooling loans turing Loan Program will hurt manu- against somebody else’s need to have made it possible for Ford Motor Com- facturers and their employees.’’ their home or their street or their pany to save 1,900 jobs at their Michi- Everybody is spending a whole lot of school rebuilt. gan assembly plant in Wayne, MI, so time talking about jobs around here. That is not who we are in America. I they could build the all-new Ford Unbelievably, we are talking about do not believe Americans support that Focus electric and the battery-electric defunding this program in the middle strategy. I think it is outrageous that Focus in America. In the process of of talking about jobs, how we need to there is a proposal that passed. I thank that, between the retooling loans and create jobs, how we need to support my House Democratic colleagues and our partnership with industry to invest employers, and how we can compete my House colleagues in Michigan and in advanced battery technology, we are internationally with countries such as the Democratic leadership in the House now bringing jobs back from Mexico. China that say: Come on over. We will for waging a fierce battle to protect How many times have I heard col- build the plant for you. Forget a loan those jobs. leagues on the floor talking about how you are going to pay back with inter- This is about making products in we want to make sure we are exporting est; we will just build it for you. Come America. It is about rejuvenating an products, not jobs, and that we want to on over, and, by the way, we will steal advanced manufacturing sector that is bring jobs back? What the House Re- your patents and manipulate our cur- critical. We are not going to have a publicans have done is to cut in half an rency and make sure you get the middle class if we do not make prod- initiative with the private sector that toughest deal possible to compete with ucts in America. We are not going to is actually bringing jobs back from us. But that is what they do. have a middle class. This particular other countries. So far, 41,000 jobs have So we put together something to say partnership, which is nothing more been saved or created through this ef- we are going to partner with the pri- than a loan, repaid with interest, but it fort around the country. Obviously, I vate sector to be able to keep the jobs is support for our communities to re- care deeply about Michigan and have in America and it is actually working. build—rebuild not in Afghanistan, not fought for this, but we are talking Jobs are coming back. We are rebuild- in Iraq but in America; rebuild commu- about Indiana, Illinois; we are talking ing communities. We are rebuilding nities and create jobs. It is working. It about Florida and Louisiana and Cali- plants. We are helping to get off for- is beginning to bring jobs back. It is fornia, and all across our country eign oil because we are focused on new outrageous that they have decided to where we are seeing communities have electric vehicles and an advanced bat- take half the funding for this partner- the opportunity to retool plants that tery technology industry where, be- ship away.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5926 CONGRESSIONAL RECORD — SENATE September 23, 2011 I wish to support our effort to send them to the Secretary. Anyone can get or amazingly— over the continuing resolution on the copies of them. I did this morning and my press assistant. budget we need. I thank my caucus and I have them. They are private letters Normally, when I write these letters, our leadership for standing firm and to the Secretary, asking for this pro- I say if I can be of further assistance, standing up for American jobs. That is gram to loan money to a public-private please contact me and my energy as- what we care about. That is what we partnership to create jobs in their dis- sistant. The energy leg person usually have been fighting for. Along the way, trict. Then they go home and they talk handles this. But in this case he said we are going to make sure we are doing about their efforts to create jobs and we should call his press secretary. I everything we can to help citizens who they come back to Washington and try guess the press secretary could go back have been so devastated by the natural to gut the program under the guise to his district and claim he is doing a disasters across the country. that they need the money to help dis- great job creating programs in Cali- I suggest the absence of quorum. aster victims. That is what this debate fornia. The PRESIDING OFFICER. The is about. That is why the Democrats Maybe the press actually writes that clerk will call the roll. are not—at least at this point, and I DARRYL ISSA, Republican leader, is pro- The bill clerk proceeded to call the hope over the weekend and through moting manufacturing in California. roll. next week—going to give in to that This is what he says in his district, and Ms. LANDRIEU. Mr. President, I ask nonsense and hypocrisy. this is the letter he sends to the Sec- unanimous consent the order for the I hope the President and the White retary. However, when he was on the quorum call be rescinded. House will fight hard, along with the floor of the House last night, he voted The PRESIDING OFFICER. Without Democrats. I hope some of the Repub- to gut this program. That is what this objection, it is so ordered. licans who have signed these letters debate is about. I am looking forward Ms. LANDRIEU. Mr. President, I will think twice when this vote comes to having it. come to the floor and will spend the up again. I hope the press is reading The next letter I am going to read— next 15 minutes or so, maybe even these letters and asking these Repub- and I am going to do this all week, so longer, to support the arguments made licans, whose signatures are on these I hope the press gets ready to ask these just recently, and I might say elo- letters, one question: How is it possible Republican leaders how they could pos- quently and passionately, by the Sen- that they sent a letter to the Secretary sibly have the gall to hold press oppor- ator from Michigan, who was one of the asking for a loan to support job cre- tunities in their districts promising key architects of this very successful ation in their district and then, at the people they are helping them create job creation program that the Repub- same time, stand on the Senate floor jobs and then come back to Wash- lican House leadership is trying to kill. and vote to gut the same program and ington and cut the rug out from under- That is, in large measure, what this de- then go back home and claim they are neath their feet with the bogus excuse bate this weekend and through next helping to create jobs in America? that they have to come up with $1 bil- week is about. That is why almost I am going to start with the first let- lion, when the real need is only $175 unanimously Democrats in the Senate ter, which is the most interesting to million. I checked with Craig Fugate, a are supporting our Democratic caucus me. It is from Dr. DARRELL ISSA. He is very good friend of mine. I am the in the House as we try to bring this de- a Member of Congress. He actually chair of his committee. I talk to him bate forward so the American people chairs an oversight committee. I think all the time. When the real need for can understand at this time and hope- his district is in California. He is a Re- FEMA in 2011 is $175 million, but under fully give their voice of support for publican from California. He is a very the guise of having to provide $1 bil- what we are trying to do—keep govern- powerful Member of the House. I am lion, they want to gut this program ment operating and keep jobs being going to read his whole letter. that is creating jobs, and they them- created in this country. I write to express my support for Aptera selves have asked for these loans to be It is a struggle. We know we are not Motors’ application for a loan under the De- made in their district. creating as many as we would like. But partment of Energy’s 136 Advanced Tech- This is the next letter signed by sev- one of the programs that is creating nology Vehicles Manufacturing Incentive eral Members, and I am going to sub- thousands of jobs and has broad sup- Program. Otherwise known as the ATVMIP. mit their names for the RECORD. There port in America—and I am going to The program he voted last night to are several Republicans. I am sorry, read the groups supporting it in just a eliminate. The same one. but from this letter I am not able to minute. For some reason, the Repub- Funding will allow Aptera to establish U.S. determine which ones are Republicans lican leader in the House, ERIC CANTOR, manufacturing facilities for the commercial and which ones are Democrats. decided last week—even as the winds production of its plug-in and hybrid electric I ask unanimous consent that theses were affecting his district and Hurri- cars. Aptera Motors plans to purchase and letters be printed in the RECORD at the cane Irene was challenging the east equip manufacturing facilities to begin com- conclusion of my remarks. coast, a portion of the country he rep- mercial-scale production of its energy elec- The PRESIDING OFFICER. Without tric vehicles. Awarding this opportunity to resents—he decided we needed to find objection, it is so ordered. an offset so we could send money to his Aptera Motors will greatly assist a leading developer of electric vehicles in my district. (See exhibit 1) district and to other districts across Electric vehicle initiatives, like Aptera’s, Ms. LANDRIEU. Thank you. This is the country and picked this program. will aid U.S. long-term energy goals by shift- to Secretary Chu. They couldn’t have picked a worse ing away from fossil fuels and using viable The State of California has traditionally one because this program is actually renewable energy sources like plug-in elec- assumed a leading role in fighting global working. It has already demonstrated tric energy. Additionally, Aptera’s vehicles warming and working to eliminate our de- it has revitalized communities. will reduce dependence on foreign oil and en- pendence on foreign sources of oil. We want In addition, it is a program that cre- hance energy security. Aptera’s project will to commend you for also taking effective ated jobs, so several dozen Republican also promote domestic job creation through steps towards achieving these goals. As part California as well as in other States. House Members have sent private let- of this effort, the Department of Energy’s Unlike many other electric vehicles, Electric Drive and Vehicle Battery and Com- ters to the Secretary of Energy asking Aptera’s energy efficient electric vehicles ponent Manufacturing Initiative is currently for the money to go back to their dis- have a range of over 100 miles per charge and reviewing submissions for the construction tricts, but publicly they want to gut the possibility to become one of the most en- of new lithium ion battery facilities in the the program. Democrats have decided ergy efficient vehicles in the world. A loan to United States. This initiative is a huge step to bring this to the attention of the Aptera will help accelerate the move from forward in our efforts to improve our envi- American public. I have those letters, gasoline-powered vehicles to cleaner electric ronment, eliminate our dependence on for- and I am going to submit them for the vehicles. eign sources of oil, and create a modern I urge you to give Aptera’s Advanced Tech- green-collar workforce here in the United RECORD. nology Vehicles Manufacturing Incentive States. How is it that dozens of Republican Program funding application full consider- Quallion, an innovative American com- leaders wrote private letters—which ation. pany located in California, can be a valuable are a public record—but they do not If I can be of further assistance, please do partner in your efforts because it is ready issue them to the press. They sent not hesitate to contact me— today to directly support President Obama’s

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5927 goal to have one million plug-in hybrid cars one of our No. 1 economic development This is from 2001, so this is a chart on the road by 2015. Quallion is a world lead- projects in the State of Louisiana, and that shows—let’s say the last year. I er in the development of customized lithium what did the Representative do last think it is important for the public to ion batteries for medical, military, aero- night? He voted to gut the program. understand not just today but 10 years. space and vehicle applications. If Quallion is I have dozens of other letters, but I successful in its bid for grants through the If we were to chart, which we have Department of Energy’s Electric Drive and am going to pause because I think I done here, a lot of this supplemental Vehicle Battery Component Manufacturing have made my point. I am going to spending, emergency spending and dis- Initiative, it is set to immediately execute read every one of these letters that I aster spending—these are not for just the construction of state-of-the-art manufac- have between now and when this de- natural disasters, these are for emer- turing facilities to produce— bate ends. I just pray the press will do gencies. For example, when we went to Et cetera, et cetera, et cetera. their job and ask the Members who war in Iraq, it was an emergency. When Quallion projects that with this grant voted and sent these letters why did we went to war in Afghanistan, it was funding the proposed facility could be fully they send a letter to the Secretary ask- an emergency. When we had the avian operational by 2011, and could produce more ing for the program and then turn flu, that was an emergency, not a dis- that 20,000 lithium ion batteries each year. around and gut the program when they aster. So this is disasters and emer- This is the killer. came to Washington. gencies. In addition, Quallion projects this funding I would like to ask for 5 minutes Let’s take this red bar here. It says will create more than 2,300 new and long- more. Iraq and Afghanistan, $79 billion. Do term jobs nationwide. The PRESIDING OFFICER. Without my colleagues see this zero here? That This is the program that Representa- objection, it is so ordered. is zero offset. So $79 billion and no off- Ms. LANDRIEU. The other point is tive CANTOR decided to use as an offset set. This one is war money. this: This is not just an issue for one so he could fool the American people This is tsunami money that we actu- State or two States. That is why into believing we need to find an offset ally sent to—remember we had the tsu- Democrats believe strongly about this to offset $1 billion of expenses, when we nami in Indonesia, and we sent some because this is about the whole coun- only have $175 million in expenses. money over there. Did ERIC CANTOR try. The President has declared disas- So they write the letters privately to come to the floor and say we need to ters this year in 48 of the 50 States. the Secretary asking for funding to go offset the money? No. So we sent that Maybe if we just had had disasters in with their districts to create jobs and money, and less than 2 percent of it one or two places and they were not then they come to Washington and was offset. that terrible, we would figure out some they gut the program for no reason. Here is Iraq and Afghanistan, and way. The problem is we have disasters This is another letter, and it is a lit- none of it was offset—$87.6 billion. in all States, and I am going to show tle close to home. This is a letter I So I think disaster victims in his own what these pictures portray because wrote. I was joined by my colleague district and around the country are they are heartwrenching. saying: So why are we now in this de- Senator VITTER, Republican from Lou- This is New Jersey. This is someone’s bate trying to find an offset we really isiana, and my Republican counterpart household belongings. This is a home don’t need for a program that really RODNEY ALEXANDER, who represents that is completely uninhabitable. I am works? That is a good question. If we the district in my State. We sent this not sure how high the water is, but this want to find an offset, we should find letter on December 21. is what a home looks like after a flood. We are writing to reiterate our strong sup- I can visualize what it looked like after another program. The only offset re- port for Next Autoworks Company’s loan ap- Katrina and smell, even more than the quired is $175 million, but that makes plication under the Department of Energy’s vision. too much sense. Advanced Technology Vehicle Manufac- This is what New Jersey looked like So I want the Republican leadership turing Program and inquire about the status to know they are risking a very impor- of the application. a couple weeks ago. This water has gone down, but this is Bound Brook, tant debate. I don’t believe we should Next Autoworks resubmitted a revised ap- even talk about shutting the govern- plication in May 2010 that was almost imme- NJ. We do not know much about this diately declared substantially complete and town. We hear about Trenton. We hear ment down. People are tired of that. expeditiously reviewed for technical and fi- about New York. I have never been to We just went through a challenge to nancial merit. We appreciate the Depart- Bound Brook, NJ, but I am sure it is a the whole economy with the debt ceil- ment’s work to move the application lovely place and it needs our help. ing limit. Enough is enough. Demo- through several critical stage-gates over the So what does Representative CANTOR crats should not, in my view, cave on past several months. do? He comes to Washington, he looks this point. We should fight and get Next Autoworks has the ability to trans- them to compromise which is reason- form communities in Louisiana by bringing at places such as this, and he decides critical economic growth in jobs to our state out of the blue sky that he is now able. and region. As you know, the company plans going to assert his power by demanding In addition to these arguments, I will to re-equip a former Guide Corp Plant in an offset for disaster funding when it is put up a chart that is hard to look at, Monroe, LA, that was shuttered in 2006 and not necessary. The offset is way more but I think for the gulf coast Repub- establish a production facility that would than what is required. Again, it is an licans and Republican Senators, it is a bring approximately 1,400 direct jobs and an offset that is creating jobs in America. very important chart. additional 1,800 indirect jobs to Northeast I wish to say something else about One of the dangers of requiring an Louisiana. In addition, the project will cre- the danger of requiring offsets and re- offset is, No. 1, like right now, it is vir- ate thousands of jobs at supply facilities tually impossible to get 535 Members to across the U.S. The State of Louisiana and spond directly to what minority leader local communities have already dem- MITCH MCCONNELL said earlier today. I all agree on an offset. So what happens onstrated their commitment by offering this think he said something akin to the is, if we demand to have one, we keep company $82 million in grants, $128 million reason we want to require offsets is be- the victims waiting while we debate. It in employee training services, and an esti- cause we have to stop doing things the also doesn’t help to choose an offset mated $33.8 million in tax abatements to same way around here, and just be- that is very popular on one side. There support the project. cause we have never required them in might be a program that we could over This is how strongly our Republican the past, that is no reason to not re- the next couple of months decide is un- Governor and Republican legislature in quire them now. I understand that. I necessary, but we can’t do that within Louisiana feel about this project, that am kind of a person who likes to do a few days of the disaster. It takes we have put up State and local money things differently. I like to change time. They should know that. to see if we could attract this loan things. Let me explain what this is for the from the Federal Government to get I wish to remind the leader that not gulf coast Senators. I had this done this going. one Republican, to my mind, either in after Katrina just to show the vulnera- It is signed by my colleague Senator the Senate or the House, ever asked for bility of the gulf coast. All of these red VITTER and signed by my friend and 5 minutes to debate $1 to offset war or lines that look like spaghetti and then colleague Representative ALEXANDER, rebuilding in Iraq and Afghanistan. I these bigger lines—the blue and the who represents this district. This is wish to put up this chart. yellow and the orange—these are all

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5928 CONGRESSIONAL RECORD — SENATE September 23, 2011 hurricanes that have actually hit the until I go to Washington and find an So I have given any number of rea- United States between 1851 and 2008. It offset. sons why this is an important debate to is a very frightening chart. Maybe it will get so ridiculous—and I have. There is no guarantee Democrats One of the reasons I think Senator am going to call this the Cantor doc- will win, but every now and then it is RUBIO from Florida is voting with us is trine—maybe it will get so ridiculous a good thing to stand up for principle, because he has seen a picture of this that ERIC CANTOR will tell all the peo- and I believe this is a principle worth chart. That is how many hurricanes ple in America—there was a cartoon in standing up for and worth fighting for. have hit Florida since 1851. He is most the newspapers about this. I am having I hope the press does their job over certainly aware from his State that if it blown up because it is really sad, but the next several days and asks these he takes the position that we have to it is actually funny. There is a woman Republicans: How in the world can you require an offset to fund disasters, his sitting on top of her roof because her send a private letter asking for funding job as a Senator will be very, very dif- house is completely flooded. She has a and then come back to Washington and ficult, even more challenging than it is phone, and she calls FEMA and FEMA gut the same program? And if the press today, because the next time a hurri- says: We can’t rescue you right now. does their job and if the people in our cane hits Florida, he is going to have We are looking for an offset. country will ask those same questions, So maybe the new Cantor Republican to go sit down with the budget folks maybe a few of these Republican lead- model of ‘‘pick yourself up by your and find out—before he can offer his ers will compromise the way they bootstraps and swim away on your people the $2,000 in emergency aid, the should. Either give up the offset or own’’ will actually really be put into $30,000 that helps them, the loans come up with a different one. Come up practice because I think that is what through the Small Business Com- with another one that is much less they want because before that woman mittee, the loans to get their busi- harmful. can be rescued, before the debris can be nesses back—he is going to have to Let me end with this. We have three removed, that woman is going to have come up here and negotiate to find an letters that I will submit for the to sit down at the table with her hus- offset. RECORD. If people can’t take my word band and kids in a broken-down house Last night, I watched the debate on for any of this, they can listen to the the House side. I thought our Demo- or trailer and suggest some offsets to send to their Congressman before we chamber of commerce. What did the cratic colleagues did a beautiful job, can send them help. That is not right. chamber of commerce say? I will sub- and I wish to thank them for the beau- That is what this debate is about. mit their letter. This is the wrong tiful way they spoke. I didn’t see one Now, do we eventually have to pay thing to do, the chamber says. Don’t Republican come to the floor. They had for these disasters? Absolutely. eliminate this program. It is creating just one of their leaders talking last The Wall Street Journal editorialized jobs in America. So the Republicans, I night when the vote happened. Maybe against me the other day, so let me an- know, don’t really like to listen to they are a little embarrassed, and they swer them. They said: There goes Sen- what I say a lot, but they should listen should be because I am going to read ator LANDRIEU; she doesn’t think she to the chamber of commerce. the letters they sent. has to pay for anything. That is not The National Manufacturing Associa- Also, the gulf coast Republicans I true. I believe right now we are paying tion—a very conservative group—sent think really have to think about this for the war in Iraq, and it is very tough the Republicans a letter saying: Bad because these storms, as we can see— to pay for that. We are finding a way in deal. Don’t do it. They did it anyway. my State and the people I represent are the supercommittee. But we didn’t I just got a letter from the U.S. Con- in Hurricane Alley. This is Hurricane have to find an offset before we could ference of Mayors. All of the mayors in Rita, the blue, which is one of the most let our troops march in. We didn’t have the country, Republicans and Demo- devastating storms. That is why it is a them standing on the border, saying: crats, sent a letter to the House saying: thicker line. Hurricane Gustav is the Stand right here. Hold your fire. ERIC Don’t do this. And they did it anyway. orange, Hurricane Ike is the dark pink, CANTOR is working on an offset for you. So the only people more powerful and and Hurricane Katrina is the yellow. We sent the troops in, we let the bomb- the only group more powerful than the All of these storms hit us and wrecked ers go, and we will figure out how to chamber, than NAM, than the mayors, the gulf coast. pay for it later. are the people themselves. So I hope Let me say what happened after that. So I am telling the Republicans in this weekend the people will say to Haley Barbour, the Governor of Mis- the House that they better think very their representatives: Don’t cut out a sissippi, who is still the Governor of carefully about this vote. Senator REID program that is creating jobs. Don’t re- Mississippi, came up here when George has sent a very good compromise. He quire disaster victims to have an off- Bush was the President and got $4.6 bil- said: We will give up our number, we set. Let’s keep the government oper- lion without one penny of offset, and will take your number on FEMA, but ating, and let’s find a way to pay for he got that within 60 days of the storm. we are not going to take this offset. this over time together and get this I am going to repeat that. Governor Now, I still think and I want to say deficit under control. Haley Barbour, who is still the Gov- for the record, as the chairman of this I am willing to do that. As the chair ernor of Mississippi, came to Wash- committee, that 3.65 is not going to be of this committee, I promise them we ington, met with the President, and enough to get us through all of next can do better budgeting in the future. left with $4.6 billion to rebuild Mis- year, but it will get us through the Nobody did it really great in the past. sissippi. The Congress gave Louisiana next couple of weeks and months—not I am willing to do that. I am willing to $5.4 billion, for which I was very grate- months, maybe weeks. The government work with them in any way. But let’s ful. However, we had 70 percent of the won’t shut down, and FEMA will have not go down this dangerous and inap- damage but only got 55 percent of the money to operate, as the leader said. It propriate road. money, so we were shortchanged. I had is not ideal. It is not what is in our EXHIBIT 1 to work for years. I finally got that bill, which is the best, which is a $6.5 CONGRESS OF THE UNITED STATES, billion level, which is funding not just squared away. HOUSE OF REPRESENTATIVES, But this is why gulf coast Repub- FEMA, but it will fund the Corps of En- Washington, DC, January 14, 2009. licans and Republican Senators from gineers, community development, agri- Hon. STEVEN CHU, the gulf coast should think not twice culture. What the House is doing only Secretary of Energy, U.S. Department of En- but three times before they vote to re- funds FEMA. It doesn’t give any money ergy, Washington, DC. quire an offset. to the poor. It doesn’t give any money DEAR MR. SECRETARY: I write to express I am just saying I am not going to to community development. It doesn’t my support of Aptera Motors’ application for forget this vote, because I chair this give any money to the farmers. So if a loan under the Department of Energy’s 136 committee, and if my colleagues vote you are sitting out there looking at Advanced Technology Vehicles Manufac- turing Incentive Program (ATVMIP). Fund- to require an offset and another storm your farm with your crops ruined, ing will allow Aptera to establish U.S. manu- hits their State, then the responsi- please don’t think the House of Rep- facturing facilities for the commercial pro- bility is on their shoulders to tell their resentatives is doing one thing to help duction of its plug-in and hybrid electric people: I am sorry, I can’t help you you because they are not. cars. Aptera Motors plans to purchase and

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5929 equip manufacturing facilities to begin com- are ready to compete in the manufacturing site and help mitigate our state’s continued mercial-scale production of its energy effi- of green technologies, in this case the lith- high unemployment rate. Moreover, contin- cient electric vehicles. Awarding this oppor- ium ion battery manufacturing space. ued delay in the financing for the project tunity to Aptera Motors will greatly assist a The lithium ion batteries manufactured in will also negatively impact the vehicle’s leading developer of electric vehicles in my Quallion’s new facility will have the poten- launch timing and this Administration’s district. tial to deliver real and immediate environ- goals for fuel economy. DOE’s own environ- Electric vehicle initiatives like Aptera’s mental solutions, while also creating new mental assessment of this project, issued in will aid U.S. long-term energy goals by shift- jobs at a time when Americans need them October 2010, states that Next Autoworks’ ing away from fossil fuels and using viable the most. The Environmental Protection vehicle will have a significant positive im- renewable energy sources like plug-in elec- Agency estimates that truck idling results pact on fleet fuel economy and the environ- tric energy. Additionally, Aptera’s vehicles in the emission of 11 million tons of CO2 and ment by providing a high quality, affordable will reduce dependence on foreign oil and en- the consumption of 960 million gallons of ‘‘green’’ car to the American market. hance energy security. Aptera’s project will diesel fuel annually. Quallion’s new facility We strongly urge you to continue to expe- also promote domestic job creation through- will produce zero emission advanced lithium dite Next Autoworks’ application. We would out California as well as in other states. ion batteries designed to replace engine request an update on the status of the appli- Unlike many other electric vehicles, idling as a power source for stationary cation and expected timeframe for moving Aptera’s energy efficient vehicles have a trucks. Quallion will deliver an immediate forward before the end of the year. range of over 100 miles per charge and the clean energy solution that enables the 1 mil- Sincerely, possibility to become one of the most energy lion heavy trucks on our roads to comply MARY LANDRIEU, efficient vehicles in the world. A loan to with the growing number of anti-idling laws U.S. Senator. Aptera will help accelerate the move from across the U.S., eliminate unnecessary pollu- DAVID VITTER, gasoline-powered vehicles to cleaner electric tion, and significantly reduce America’s con- U.S. Senator. vehicles. sumption of fossil fuels. RODNEY ALEXANDER, I urge you to give Aptera Motors’ Ad- We believe that the Department of Ener- Member of Congress. vanced Technology Vehicles Manufacturing gy’s Electric Drive and Vehicle Battery and Component Manufacturing Initiative can Ms. LANDRIEU. I yield the floor. Incentive Program funding application full Mr. NELSON of Florida. Mr. Presi- consideration. If I can be of further assist- and will play a large role in helping us ance, please do not hesitate to contact me or achieve our goals. We are also confident that dent, first of all, I ask unanimous con- my Press Assistant, Justin LoFranco at (202) Quallion is a perfect partner in our objec- sent that I be permitted to speak for no 225–3906. tives and will advance projects that are vital more than 5 minutes and that the Sen- Respectfully, to our energy policy and national security. ator from West Virginia follow my DARRELL ISSA, Thank you for the leadership you have pro- presentation. Member of Congress. vided the Department and our country as we embark on an exciting era in our nation’s The PRESIDING OFFICER. Without stewardship of the environment and as we objection, it is so ordered. CONGRESS OF THE UNITED STATES, Mr. NELSON of Florida. Mr. Presi- HOUSE OF REPRESENTATIVES, move towards our shared goal of energy inde- Washington, DC. pendence. dent, first of all, I want to thank the Re Quallion application for Department of Sincerely, Senator from Louisiana. I also want to Energy’s Electric Drive and Vehicle Bat- Brad Sherman, Dana Rohrabacher, Lynn point out, look at all those red lines. tery and Component Manufacturing Ini- C. Woolsey, Howard L. Berman, Lois Those are the paths of hurricanes. tiative grant. Capps, Brian P. Bilbray, Diane E. Wat- Where do you think most of them were son, Gary G. Miller, Jim Costa, Kevin Secretary STEVEN CHU, McCarthy, Howard P. ‘‘Buck’’ McKeon, going between 1851 and 2008? And why U.S. Department of Energy, Independence Ave., Ken Calvert, Duncan Hunter, Darrell E. are folks like us on the gulf coast and SW, Washington, DC. Issa, David Dreier, Jerry McNerney, the Atlantic coast so sensitive about DEAR SECRETARY CHU: The State of Cali- Adam B. Schiff. disaster money? It is because we have fornia has traditionally assumed a leading been hit over and over. role in fighting global warming and working CONGRESS OF THE UNITED STATES, Our lands we call paradise. But they to eliminate our dependence on foreign Washington, DC, December 21, 2010. sources of oil. We want to commend you for happen to be, as the Senator from Lou- Hon. STEVEN CHU, isiana said, in the middle of ‘‘hurricane also taking effective steps towards achieving U.S. Department of Energy, these goals. As part of this effort, the De- Washington, DC. highway.’’ It is a part of our lifestyle. partment of Energy’s Electric Drive and Ve- DEAR SECRETARY CHU: We are writing to When I was a kid, it was an excuse to hicle Battery and Component Manufacturing reiterate our strong support for Next get out of school. When I was a bach- Initiative is currently reviewing submissions Autoworks Company’s loan application elor, it was an excuse to have a party. for the construction of new lithium ion bat- under the Department of Energy’s Advanced But now that I have the privilege of tery facilities in the United States. The Ini- Technology Vehicle Manufacturing (ATVM) tiative is a huge step forward in our efforts representing one of those very large program and inquire about the status of the gulf coast States and Atlantic coast to improve our environment, eliminate our application. dependence on foreign sources of oil and cre- Next Autoworks resubmitted a revised States, it is absolute, utter destruc- ate a modern ‘‘green collar’’ workforce here ATVM application in May 2010 that was al- tion. in the United States. most immediately declared substantially When Hurricane Andrew hit Miami, Quallion, an innovative American com- complete and expeditiously reviewed for had it turned one degree to the north, pany located in California, can be a valuable technical and financial merit. We appreciate and instead drawn a bead on the Dade- partner in your efforts because it is ready the Department’s work to move the applica- Broward line in north Miami, it would today to directly support President Obama’s tion through several critical stage-gates over have been a $50 billion insurance loss goal to have one million plug-in hybrid cars the past several months. on the road by 2015. Quallion is a world lead- Next Autoworks has the ability to trans- storm in 1992 dollars. That would have er in the development of customized lithium form communities in Louisiana by bringing been upward of $80 billion today. It ion batteries for medical, military, aero- critical economic growth and jobs to our would have taken down every insur- space and vehicle applications. If Quallion is state and region. As you know, the company ance company that was doing business successful in its bid for grants through the plans to re-equip a former Guide Corp plant in the path of that storm. This is the Department of Energy’s Electric Drive and in Monroe, LA that was shuttered in 2006 and destructive power. Do our people need Vehicle Battery and Component Manufac- establish a production facility that would help? Of course they need help. turing Initiative, it is set to immediately bring approximately 1,400 direct jobs and an execute the construction of a state-of-the-art additional 1,800 indirect jobs to Northeast f manufacturing facility to produce advanced Louisiana. In addition, the project will cre- BOB LEVINSON lithium ion cells, modules and battery tech- ate thousands of jobs at supplier facilities nology in volumes that will meet America’s across the U.S. The State of Louisiana and Mr. NELSON of Florida. Mr. Presi- current and future military and commercial local communities have already dem- dent, I came to speak on a different needs. Quallion projects that with this grant onstrated their commitment to the project subject. A retired FBI agent named funding the proposed facility could be fully by offering the company $82 million in Bob Levinson, over 4 years ago, dis- operational by 2012, and could produce more grants, $12.8 in employee training services, appeared when he checked out of his than 20,000 lithium ion batteries each year. and an estimated $33.8 million in tax abate- hotel in the Iranian tourist attraction In addition, Quallion projects that this ments to support the project. funding will create more than 2,300 new and Every day that Next Autoworks’ applica- of Kish Island in the Persian Gulf. He long-term jobs nationwide. It will also signal tion is delayed is another day that workers disappeared. It is only recently that his America’s seriousness to the world that we cannot be hired to begin work at the Monroe family—and he leaves behind a family

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5930 CONGRESSIONAL RECORD — SENATE September 23, 2011 of a wife and seven children—only re- and their financial house in order. some good stuff in there. I have long cently have they had the belief that he They worry about finding or keeping a said our tax system needs to be more is alive. job. They worry about how they are fair and balanced and that billionaires We have brought this to all levels of going to pay the rent, how they are such as Mr. Buffett should pay their our government. This Senator, who going to take care of their children, fair share. I appreciate the concept of represents the State Christine how they are going to keep clothes on the Buffett rule and look forward to Levinson lives in, went to the Iranian their backs, and how, maybe, they can seeing more details. And I agree that Ambassador at the United Nations buy them a Christmas present. one of the best investments we all years ago trying to intervene. Our Sec- Once again, instead of all of us com- could make is in the infrastructure of retary of State has, in fact, pushed this ing together to do what is right for the this great country. very hard. Nation and lighten their worries, con- But as they stand right now, Presi- Why am I saying all this? Because on gressional Republicans and Democrats dent Obama’s proposals are too skewed the occasion of the release of the alike, and the President, are again to appeal to both sides of the aisle. So hikers by the Iranian Government, for gearing up for a fight about politics, we see what we see happening again. If whatever compassion they have even as our Nation’s fiscal and eco- we are being serious about addressing shown—the government bringing to- nomic picture gets worse every minute. our debt and deficits, neither Repub- gether disparate parties that had their Today, we yet again find ourselves on licans nor Democrats can propose par- own little power centers in Iran—what- the brink, and I cannot begin to ex- tisan proposals and then pretend they ever success they had in bringing that plain why to the American people. This are credible. We cannot do that any together and releasing those hikers summer, they watched us go through longer. The American people deserve back to their loved ones, we pray that this exercise—the Senate, the House, better, and I also know we can do a lot same decisionmaking apparatus in and the President—and then we agreed better. Tehran would now activate the process on spending cuts to keep the govern- In my short time in Congress, I have to bring Bob Levinson home to his wife ment working. Where I come from—the seen only one plan that has earned sup- and seven children. same as the Presiding Officer from the port from Members of both parties. In Mr. President, I yield the floor. great State of Minnesota—your word is fact, the President’s own bipartisan The PRESIDING OFFICER. The Sen- your bond, and an agreement is an deficit commission—the Bowles-Simp- ator from West Virginia. agreement, and it is one that should be son group—is the best example of what Mr. MANCHIN. Mr. President, first of kept. It is one we negotiated. It should can be accomplished if we put politics all, I say to my good friend from Flor- not be changed in midstream. I am aside and do what is right for our Na- ida, I thank him so much for the com- committed to passing a clean CR to tion. While no one, including me, will passion he has. I appreciate very much keep our government working until the agree with everything in the Bowles- him bringing this issue to our light and supercommittee we all are supporting Simpson approach, it at least offered a to the attention of all of us, and maybe comes up with the recommendations to commonsense, bipartisan template we can help. I thank the Senator. reduce the deficit. that would cut spending, restore tax To my good friend, the Senator from In the midst of yet another disagree- fairness, and would help restore fiscal Louisiana, I think what she speaks ment over whether to keep the govern- sanity to our Nation. about is us identifying who we are as ment running, the people of West Vir- To date, it is the only plan that has Americans and the way we have taken ginia and the American people are de- offered a framework that has had bi- care of each other. I do not know of manding we put our partisan dif- partisan support from the beginning, any State that has not had to depend ferences aside and work together in the and still has it now. But instead of this on FEMA for help—and not just the best interests of this country. They are approach, there are many people on States she showed where ‘‘hurricane pleading for us to quit fighting and both sides of the aisle who have chosen alley’’ is and where the tornadoes and worrying about the next election and a path that all but guarantees that Re- hurricanes have hit, but basically all of start worrying about the next genera- publicans and Democrats will continue us have had to depend on FEMA for as- tion. to fight over how to solve our fiscal sistance. So I think what she brings to With our Nation facing a death spiral problems, instead of seeking common light is the fairness we identify with as of debt, now is the time that each of us ground and commonsense solutions. Americans and to do what we have al- should be zeroing in on credible, com- For the sake of our Nation, for our ways done: to take care of each other. monsense solutions that have truly bi- families, we cannot let this happen. We I, for one, have said we need to rebuild partisan support. must act, and we must act together. America; we need to take care of Amer- After carefully reviewing the Presi- icans first. dent’s recommendations to the so- Looking ahead to the vigorous de- bates of the fall, my hope is the deficit f called supercommittee, I believe they fall short of what this country needs to supercommittee will seize the moment FISCAL CHOICES put our fiscal house in order. President and seek common ground to develop a Mr. MANCHIN. Mr. President, I rise Obama’s deficit recommendations not plan that puts our Nation on the right today to speak about the difficult fis- only fall short of his stated $4.4 trillion path to fiscal accountability. Common cal choices we, as Members of Con- goal, but could, according to an anal- sense, to me, is that you would start gress, must soon make and the deficit- ysis done by the Center for Responsible with a plan that already has bipartisan cutting proposals that President Federal Budget, have the perverse ef- support because it will take both sides Obama has recently made. fect of adding as much as $1.9 trillion of the aisle to fix this problem. As we discuss these fiscal choices, to our Nation’s debt. I urge them and the President to and as we face our exploding debts and I am also greatly concerned about re- look beyond partisan politics and do deficits, it is clear our Nation is truly hashing unproductive recommenda- what is right for this country. I con- at a crossroads. A nation that was built tions such as raising tax rates on small tinue to urge the committee to look on the strength of our people’s opti- businesses in a recession and budget past their legal mandate of $1.5 trillion mism must struggle to overcome a loss gimmicks such as the notion that tax- in savings and revenue and, instead, of confidence—a loss of confidence that payers will somehow ‘‘save’’ $1.1 tril- look for reforms that will create much comes from an economy that has strug- lion from not fighting wars in Afghani- broader fairness in our system that gled for far too long, a loss of con- stan and Iraq—and I believe we should will lead to deficit reductions of at fidence that comes from watching debt not be there anyway. least $4 trillion. and deficits explode, a loss of con- I have said this: On my best day, I I, for one, will work with the Senate fidence that comes from watching Re- cannot sell that to the people of West Democrats and Republicans who are publicans and Democrats engage in a Virginia, nor should we try to sell it to committed to develop a commonsense fruitless partisan fight. the American people. debt fix that responsibly reduces spend- The American people worry about That is not to say that the Presi- ing; makes our tax system more fair, how to get their families out of debt dent’s proposal is all bad. There is cuts waste, fraud, and abuse, and

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5931 makes sure we protect critical pro- pressed on the urgent need to return to The Palestinian refugee problem would be grams such as Social Security and negotiations in an op-ed in the New addressed within the frame-work of the 2002 Medicare. York Times. I ask unanimous consent Arab Peace Initiative. The new Palestinian Mr. President, I yield the floor and that this op-ed be printed in the state would become the home of all the Pal- estinian refugees just as the state of Israel is suggest the absence of a quorum. RECORD at the end of my remarks. the homeland of the Jewish people. Israel The PRESIDING OFFICER. The The PRESIDING OFFICER. Without would, however, be prepared to absorb a clerk will call the roll. objection, it is so ordered. small number of refugees on humanitarian The legislative clerk proceeded to (See exhibit 1.) grounds. call the roll. Mr. UDALL of New Mexico. While I Because ensuring Israel’s security is vital Mr. UDALL of New Mexico. Mr. don’t agree with everything the Prime to the implementation of any agreement, the President, I ask unanimous consent Minister wrote, I do believe he was es- Palestinian state would be de-militarized that the order for the quorum call be pecially correct about one point: and it would not form military alliances rescinded. with other nations. Both states would co- I truly believe that a two-state solution is operate to fight terrorism and violence. The PRESIDING OFFICER. Without the only way to ensure a more stable Middle These parameters were never formally re- objection, it is so ordered. East and to grant Israel the security and jected by Mr. Abbas, and they should be put Mr. UDALL of New Mexico. Mr. well-being it desires. As tensions grow, I can- on the table again today. Both Mr. Abbas President, I ask unanimous consent to not but feel that we in the region are on the and Mr. Netanyahu must then make brave speak as in morning business. verge of missing an opportunity—one that and difficult decisions. we cannot afford to miss. The PRESIDING OFFICER. Without We Israelis simply do not have the luxury objection, it is so ordered. He concludes in his piece: of spending more time postponing a solution. Now is the time. There will be no better A further delay will only help extremists on f one. I hope that Mr. Netanyahu and Mr. both sides who seek to sabotage any prospect ISRAEL AND THE PALESTINIAN Abbas will meet the challenge. of a peaceful, negotiated two-state solution. PEOPLE I also hope that today both parties Moreover, the Arab Spring has changed the Middle East, and unpredictable develop- Mr. UDALL of New Mexico. Mr. sit down in New York and avoid the ments in the region, such as the recent at- President, this week President Obama disruption that will be caused by a vote tack on Israel’s embassy in Cairo, could eas- stood beside Israel and the cause of in the United Nations. ily explode into wide-spread chaos. It is peace when he addressed the United EXHIBIT 1 therefore in Israel’s strategic interest to ce- Nations General Assembly. I rise today PEACE NOW, OR NEVER ment existing peace agreements with its neighbors, Egypt and Jordan. to also stand beside our ally and friend, (By Ehud Olmert) In addition, Israel must make every effort Israel, and the goal of its two-state so- JERUSALEM.—As the United Nations Gen- to defuse tensions with Turkey as soon as lution. I firmly believe that only a two- eral Assembly opens this year, I feel uneasy. possible. Turkey is not an enemy of Israel. I state solution can lead to a lasting An unnecessary diplomatic clash between have worked closely with the Turkish prime peace between Israel and the Pales- Israel and the Palestinians is taking shape in minister, Recep Tayyip Erdogan. In spite of tinian people. New York, and it will be harmful to Israel his recent statements and actions, I believe Unfortunately, we are heading down and to the future of the Middle East. that he understands the importance of rela- I know that things could and should have tions with Israel. Mr. Erdogan and Mr. a path that will not lead to a lasting been different. peace. Involvement by the U.N. Gen- Netanyahu must work to end this crisis im- I truly believe that a two-state solution is mediately for the benefit of both countries eral Assembly will not lead to a solu- the only way to ensure a more stable Middle and the stability of the region. tion but will act as a disruptive force. Est and to grant Israel the security and well- In Israel, we are sorry for the loss of life of I urge the parties to use the time in being it desires. As tensions grow, I cannot Turkish citizens in May 2010, when Israel New York to begin a constructive dia- but feel that we in the region are on the confronted a provocative flotilla of ships log toward agreement on final status verge of missing an opportunity—one that bound for Gaza. I am sure that the proper we cannot afford to miss. issues. If peace is to be achievable, way to express these sentiments to the Turk- The Palestinian president, Mahmoud ish government and the Turkish people can then we must break through the cycle Abbas, plans to make a unilateral bid for of failure that has too often plagued be found. recognition of a Palestinian state at the The time for true leadership has come. negotiations. U.N. action will not re- United Nations on Friday. He has the right Leadership is tested not by one’s capacity to solve the issues acting as a roadblock to do so, and the vast majority of countries survive politically but by the ability to to peace. in the General Assembly support his move. make tough decisions in trying times. It is important also to note, as the But this is not the wisest step Mr. Abbas can When I addressed international forums as President stated, that peace will not take. prime minister, the Israeli people expected The Israeli prime minister, Benjamin come until each side ‘‘learns to stand me to present bold political initiatives that Netanyahu, has declared publicly that he be- would bring peace—not arguments outlining in each other’s shoes.’’ Each party lieves in the two-state solution, but he is ex- must realize the other’s aspirations, why achieving peace now is not possible. pending all of his political effort to block Today, such an initiative is more necessary because their futures are intricately Mr. Abbas’s bid for statehood by rallying do- than ever to prove to the world that Israel is intertwined. No action at the United mestic support and appealing to other coun- a peace-seeking country. Nations can remove or change what is tries. This is not the wisest step Mr. The window of opportunity is limited. an essential fact. For Israel, the two- Netanyahu can take. Israel will not always find itself sitting In the worst-case scenario, chaos and vio- state solution will enable its people to across the table from Palestinian leaders lence could erupt, making the possibility of like Mr. Abbas and the prime minister, enjoy a secure and peaceful future. For an agreement even more distant, if not im- the Palestinians, the goal of nation- Salam Fayyad, who object to terrorism and possible. If that happens, peace will defi- want peace. Indeed, future Palestinian lead- hood can only occur through negotia- nitely not be the outcome. ers might abandon the idea of two states and tions with Israel. The parameters of a peace deal are well seek a one-state solution, making reconcili- I believe the President is making a known and they have already been put on ation impossible. good-faith attempt to realize and un- the table. I put them there in September 2008 Now is the time. There will be no better derstand the aspirations of each party, when I presented a far-reaching offer to Mr. one. I hope that Mr. Netanyahu and Mr. Abbas. Abbas will meet the challenge. while standing firm with our friends. According to my offer, the territorial dis- The central reality is this: We will only pute would be solved by establishing a Pales- Mr. UDALL of New Mexico. With recognize a Palestinian state as part of tinian state on territory equivalent in size to that, I suggest the absence of a an agreement that leads to a lasting the pre-1967 West Bank and Gaza Strip with quorum. peace. This is in the best interests of mutually agreed-upon land swaps that take The PRESIDING OFFICER. The Israel, the Palestinian people, the into account the new realities on the ground. clerk will call the roll. United States, and the international The city of Jerusalem would be shared. Its The assistant legislative clerk pro- community. Jewish areas would be the capital of Israel ceeded to call the roll. and its Arab neighborhoods would become There is no time like the present to the Palestinian capital. Neither side would Mr. UDALL of New Mexico. Mr. restart the hard work needed to declare sovereignty over the city’s holy President, I ask unanimous consent achieve a lasting peace. Former Israeli places; they wouldn’t be administered jointly that the order for the quorum call be Prime Minister Ehud Olmert recently with the United States. rescinded.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5932 CONGRESSIONAL RECORD — SENATE September 23, 2011 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without the Army, the Rangers, and the United objection, it is so ordered. objection, it is so ordered. States; Whereas Sergeant First Class Petry has Mr. UDALL of New Mexico. Mr. f President, I ask unanimous consent to consistently demonstrated humility and HONORING THE SERVICE OF SER- dedication to his fellow soldiers; speak as in morning business. GEANT FIRST CLASS LEROY AR- Whereas Sergeant First Class Petry, who The PRESIDING OFFICER. Without THUR PETRY overcame a troubled youth and found the objection, it is so ordered. strength to turn his life around and dedicate f Mr. UDALL of New Mexico. Mr. himself to serving the United States, is an President, I ask unanimous consent example to all people who are struggling in VETERANS HEALTH CARE FACILI- that the Armed Services Committee be the United States; and TIES CAPITAL IMPROVEMENT discharged from further consideration Whereas the brave actions of Sergeant ACT OF 2011 of S. Con. Res. 27 and the Senate pro- First Class Petry, as well as his modesty and Mr. UDALL of New Mexico. Mr. ceed to its consideration. selfless service, stand as the embodiment of the best attributes of the people of the President, I ask unanimous consent The PRESIDING OFFICER. Without United States: Now, therefore, be it that the Senate proceed to consider- objection, it is so ordered. The clerk Resolved by the Senate (the House of Rep- ation of H.R. 2646, which was received will report the concurrent resolution resentatives concurring), That Congress— from the House and is at the desk. by title. (1) honors the service and sacrifice of Ser- The PRESIDING OFFICER. The The assistant legislative clerk read geant First Class Leroy Arthur Petry of the clerk will report the bill by title. as follows: United States Army and his family; and The assistant legislative clerk read A concurrent resolution (S. Con. Res. 27) (2) encourages the people of the United as follows: honoring the service of Sergeant First Class States to recognize the valor, heroism, and Leroy Arthur Petry, a native of Santa Fe, dedication to the United States exhibited by A bill (H.R. 2646) to authorize certain De- Sergeant First Class Petry. partment of Veterans Affairs major medical New Mexico, and the second living recipient facility projects and leases, to extend certain of the Medal of Honor since the Vietnam expiring provisions of law, and to modify cer- War. f tain authorities of the Secretary of Veterans There being no objection, the Senate Affairs, and for other purposes. proceeded to consider the concurrent AUTHORIZING THE USE OF THE There being no objection, the Senate resolution. ROTUNDA proceeded to consider the bill. Mr. UDALL of New Mexico. I ask Mr. UDALL of New Mexico. Mr. Mr. UDALL of New Mexico. I ask unanimous consent that the concur- President, I ask unanimous consent the unanimous consent that the bill be rent resolution be agreed to, the pre- Senate proceed to S. Con. Res. 29, sub- read three times and passed, the mo- amble be agreed to, the motion to re- mitted earlier today. tion to reconsider be laid upon the consider be laid upon the table, with no The PRESIDING OFFICER. The table, with no intervening action or de- intervening action or debate, and any clerk will report. bate, and any statements related to the statements related to the concurrent The assistant legislative clerk read bill be printed in the RECORD. resolution be printed in the RECORD. as follows: The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without A concurrent resolution (S. Con. Res. 29) objection, it is so ordered. objection, it is so ordered. authorizing the use of the rotunda of the The bill (H.R. 2646) was ordered to a The concurrent resolution (S. Con. United States Capitol for an event to present third reading, was read the third time, Res. 27) was agreed to. the Congressional Gold Medal, collectively, and passed. The preamble was agreed to. to Neil A. Armstrong, Edwin E. ‘‘Buzz’’ Aldrin, Jr., Michael Collins, and John Her- f The concurrent resolution, with its preamble, reads as follows: schel Glenn, Jr., in recognition of their sig- nificant contributions to society. SHORT-TERM TANF EXTENSION S. CON. RES. 27 ACT Whereas Sergeant First Class Leroy Ar- There being no objection, the Senate Mr. UDALL of New Mexico. Mr. thur Petry of the United States Army, a na- proceeded to the concurrent resolution. President, I ask unanimous consent tive of Santa Fe, New Mexico, was awarded Mr. UDALL of New Mexico. Mr. that the Senate proceed to the imme- the Medal of Honor by President Obama on President, I ask unanimous consent the diate consideration of H.R. 2943, which July 12, 2011; concurrent resolution be agreed to, the was received from the House. Whereas the Medal of Honor is the highest motion to reconsider be laid upon the honor awarded to members of the Armed table, with no intervening action or de- The PRESIDING OFFICER. The Forces for valor in combat; clerk will report the bill by title. Whereas the official citation awarding the bate, and any statements relating to The assistant legislative clerk read Medal of Honor to Sergeant First Class the matter be placed in the RECORD as as follows: Petry states that then-Staff Sergeant Petry if read. A bill (H.R. 2943) to extend the program of ‘‘distinguished himself by acts of gallantry The PRESIDING OFFICER. Without block grants to States for temporary assist- and intrepidity at the risk of his life above objection, it is so ordered. ance for needy families and related programs and beyond the call of duty in action with an The concurrent resolution (S. Con. through December 31, 2011. armed enemy in the vicinity of Paktya Prov- Res. 29) was agreed to. ince, Afghanistan, on May 26, 2008’’; The concurrent resolution reads as There being no objection, the Senate Whereas Sergeant First Class Petry joins proceeded to consider the bill. an elite group of Medal of Honor recipients follows: Mr. UDALL of New Mexico. Mr. dating back to the Civil War; S. CON. RES. 29 President, I know of no further debate Whereas Sergeant First Class Petry has Resolved by the Senate (the House of Rep- on the bill. continued a long tradition of military serv- resentatives concurring), The PRESIDING OFFICER. The ice to the United States by New Mexicans, SECTION 1. USE OF THE ROTUNDA OF THE clerk will read the title for the third dating back to the defense of the Western UNITED STATES CAPITOL TO time. United States during the Civil War, and fol- PRESENT THE CONGRESSIONAL lowed by participation in every major war GOLD MEDAL. The bill (H.R. 2943) was ordered to a fought by the United States; (a) AUTHORIZATION.—The rotunda of the third reading and was read the third Whereas Sergeant First Class Petry is the United States Capitol is authorized to be time. second living recipient of the Medal of Honor used for an event on November 16, 2011 for The PRESIDING OFFICER. If there since the Vietnam War; the presentation of the Congressional Gold is no further debate, the question is, Whereas Sergeant First Class Petry fought Medal, collectively, to Neil A. Armstrong, Shall the bill pass? with bravery and, despite wounds to both of Edwin E. ‘‘Buzz’’ Aldrin, Jr., Michael Collins, The bill (H.R. 2943) was passed. his legs, had the courage and quick thinking and John Herschel Glenn, Jr., in recognition Mr. UDALL of New Mexico. I ask needed to save the lives of his fellow soldiers of their significant contributions to society. by throwing back an enemy grenade and los- (b) PREPARATIONS.—Physical preparations unanimous consent that the motion to ing his right hand when the grenade deto- for the conduct of the event described in sub- reconsider be laid upon the table and nated shortly after he released it; section (a) shall be carried out in accordance any statements related to the bill be Whereas the actions of Sergeant First with such conditions as may be prescribed by printed in the RECORD. Class Petry represent the highest values of the Architect of the Capitol.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5933 NATIONAL BRAIN ANEURYSM Whereas September is an appropriate Whereas in 2011, the Nunaka Valley Little AWARENESS MONTH month to designate as ‘‘National Brain An- League junior girls softball team won 4 eurysm Awareness Month’’; and games and lost just 2 games en route to a Mr. UDALL of New Mexico. Mr. Whereas various research studies are cur- third place finish in the Junior League Soft- President, I ask unanimous consent the rently being conducted in the United States ball World Series; HELP Committee be discharged from in order to better understand, prevent, and Whereas more than 2,000 teams and 30,000 further consideration of S. Res. 248 and treat brain aneurysms: Now, therefore, be it players compete in Junior League Girls Soft- the Senate proceed to its consider- Resolved, That the Senate— ball each year; ation. (1) supports the goals and ideals of Na- Whereas the Nunaka Valley Little League junior girls softball team finished the 2011 The PRESIDING OFFICER. Without tional Brain Aneurysm Awareness Month; and season ranked third in the world; objection, it is so ordered. (2) continues to support research to pre- Whereas the hard work and dedication of The clerk will report the resolution vent and treat brain aneurysms. the entire Nunaka Valley Little League jun- by title. ior girls softball team and the support of f The assistant legislative clerk read their families led the team to success in 2011; as follows: CONGRATULATING NUNAKA Whereas Little League softball and base- A resolution (S. Res. 248) supporting the VALLEY LITTLE LEAGUE ball has provided a positive athletic experi- goals and ideals of National Brain Aneurysm ence and fostered teamwork and sportsman- Awareness Month. ship to millions of children in the United States and around the world; and There being no objection, the Senate NATIONAL MEDICINE ABUSE Whereas Alaskans everywhere are proud of proceeded to consider the resolution. AWARENESS MONTH the Nunaka Valley Little League junior girls Mr. UDALL of New Mexico. I ask Mr. UDALL of New Mexico. Mr. athletes, Jacynne Augufa, Leilani Blair, unanimous consent the resolution be President, I ask unanimous consent Heather Breslin, Metanoya Fiame, Morgan agreed to, the preamble be agreed to, that the Judiciary Committee be dis- Hill, Julia Merritt, Gabrielle Meyerson, the motions to reconsider be laid upon Taria Page, Hannah Peterson, Sydney charged from the following resolutions Smith, Lauren Syrup, and Nanea Tali, on the the table, with no intervening action en bloc, and the Senate proceed to 2011 softball season: Now, therefore, be it or debate, and any statements relating their consideration en bloc: S. Res. 273 Resolved, That the Senate— to the matter be placed in the RECORD and S. Res. 261. (1) congratulates the athletes, parents, and as if read. The PRESIDING OFFICER. Without coaching staff of the Nunaka Valley Little The PRESIDING OFFICER. Without objection, it is so ordered. The clerk League junior girls softball team on an im- objection, it is so ordered. will report the resolutions by title. pressive 2011 season; and The resolution (S. Res. 248) was The assistant legislative clerk read (2) respectfully requests the Secretary of agreed to. the Senate to transmit an enrolled copy of as follows: this resolution to— The preamble was agreed to. A resolution (S. Res. 273) congratulating (A) the Nunaka Valley Little League Presi- The resolution, with its preamble, the Nunaka Valley Little League junior girls dent, Greg Davis; and reads as follows: softball team on their performance in the (B) the Nunaka Valley Little League jun- S. RES. 248 Junior League Softball World Series. ior girls softball team manager, Richard A resolution (S. Res. 261) designating the Whereas a brain aneurysm is an abnormal Knowles, and coaches Rick Peterson and month of October 2011 as ‘‘National Medicine saccular or fusiform bulging of an artery in Richard Hill. Abuse Awareness Month.’’ the brain; S. RES. 261 Whereas an estimated 1 out of every 50 peo- Mr. UDALL of New Mexico. I ask Whereas over-the-counter and prescription ple in the United States will develop a brain unanimous consent the resolutions be medicines approved by the Food and Drug aneurysm; agreed to, the preambles be agreed to, Administration have been determined to be Whereas brain aneurysms are most likely the motions to reconsider be laid upon safe and effective when used properly; to occur in people between the ages of 35 and the table en bloc, with no intervening Whereas the abuse of such medicines can 60; action or debate, and any related state- be extremely dangerous and produce serious Whereas brain aneurysms are more likely side effects; to occur in women than in men by a 3-to-2 ments be printed in the RECORD as if Whereas according to the Substance Abuse ratio; read. and Mental Health Services Administration’s Whereas brain aneurysms are more likely The PRESIDING OFFICER. Without 2010 National Survey on Drug Use and to occur in African-Americans than in objection, it is so ordered. Health, the nonmedical use of prescription Whites by a 2-to-1 ratio; The resolutions were agreed to. drugs has risen, with 2.5 percent of the popu- Whereas various risk factors can con- The preambles were agreed to. lation engaging in nonmedical use of pre- tribute to the formation of a brain aneu- The resolutions, with their pre- scription drugs in 2008 and 2.8 percent of the rysm, including infection, tumors, traumatic ambles, read as follows: population engaging in such use in 2009; head injury, drug use, smoking, hyper- Whereas the 2010 National Survey on Drug tension, and a family history of brain aneu- S. RES. 273 Use and Health illustrates that the abuse of rysms; Whereas the Nunaka Valley Little League prescription medications such as pain reliev- Whereas approximately 6,000,000 people in junior girls softball team is comprised of ers, tranquilizers, stimulants, and sedatives the United States will develop a brain aneu- young women from Anchorage, Alaska, who is second only to marijuana, the most com- rysm that will not rupture; play softball; monly abused illegal drug in the United Whereas an unruptured brain aneurysm Whereas the Nunaka Valley Little League States; can lead to fatigue, short-term memory junior girls softball team compiled an im- Whereas the 2010 Monitoring the Future problems, speech problems, loss of balance pressive record in the 2011 regular season, survey, funded by the National Institutes of and coordination, and changes in behavior; outscoring opponents 428 to 83; Health, indicates that approximately 5 per- Whereas a brain aneurysm is often discov- Whereas the Nunaka Valley Little League cent of teenagers in the United States report ered when it ruptures and causes a subarach- junior girls softball team was undefeated in having abused an over-the-counter cough noid hemorrhage; the district and State tournaments on the medicine to get high, and prescription and Whereas a subarachnoid hemorrhage can way to winning the Alaska State Champion- over-the-counter drugs account for 8 of the lead to brain damage, hydrocephalus, stroke, ship; 14 most frequently abused drugs by students and death; Whereas the Nunaka Valley Little League in grade 12; Whereas annually more than 30,000 people junior girls softball team was undefeated in Whereas the 2010 Monitoring the Future in the United States suffer from ruptured 4 games and won the West Regional Tour- survey also indicates that the intentional brain aneurysms; nament held in Marana, Arizona; abuse of cough medicine among students in Whereas annually between 3,000 and 4,500 Whereas in August, 2011, the Nunaka Val- grades 8, 10, and 12 is at 3.2 percent, 5.1 per- people in the United States with ruptured ley Little League junior girls softball team cent, and 6.6 percent, respectively; brain aneurysms die before reaching the hos- represented the West Region at the Junior Whereas according to research from The pital; League Softball World Series in Kirkland, Partnership at DrugFree.org, more than one- Whereas a number of advancements have Washington; third of teenagers mistakenly believe that been made in recent years regarding the de- Whereas in 2011, Nunaka Valley Little taking prescription drugs, even if not pre- tection of aneurysms, including the comput- League junior girls softball team manager scribed by a doctor, is much safer than using erized tomography scan, the magnetic reso- Richard Knowles led the team to the Junior street drugs; nance imaging test, and the cerebral arterio- League Softball World Series for the second Whereas the lack of understanding by teen- gram; time in 3 years; agers and parents of the potential harm of

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5934 CONGRESSIONAL RECORD — SENATE September 23, 2011 such powerful medicines makes it more crit- Mr. UDALL of New Mexico. I ask Association of Elementary School Principals ical than ever to raise public awareness unanimous consent that the resolu- have declared the month of October 2011 as about the dangers of the abuse of such drugs; tions be agreed to, the preambles be ‘‘National Principals Month’’; Whereas when prescription drugs are agreed to, the motions to reconsider be Whereas principals are educational vision- abused, such drugs are most often obtained aries, instructional and assessment leaders, through friends and relatives; laid on the table en bloc, with no inter- disciplinarians, community builders, budget Whereas parents should be aware that the vening action or debate, and any state- analysts, facilities managers, and adminis- Internet gives teenagers access to websites ments be printed in the RECORD. trators of legal and contractual obligations; that promote the abuse of medicines; The PRESIDING OFFICER. Without Whereas principals work collaboratively Whereas the designation of ‘‘National Med- objection, it is so ordered. with teachers and parents to develop and im- icine Abuse Awareness Month’’ promotes the The resolutions were agreed to. plement a clear mission, high curriculum message that over-the-counter and prescrip- The preambles were agreed to. standards, and performance goals; tion medicines should be taken only as la- The resolutions, with their pre- Whereas principals create school environ- beled or prescribed, and such medicines can ambles, read as follows: ments that facilitate great teaching and have serious or life-threatening con- learning and continuous school improve- S. RES. 276 sequences when used to get high or in large ment; Expressing support for the goals and ideals doses; Whereas the vision, actions, and dedication of National Infant Mortality Awareness Whereas the designation of ‘‘National Med- of principals provide the mobilizing force be- Month 2011 icine Abuse Awareness Month’’ will encour- hind any school reform effort; and age parents to educate themselves about the Whereas ‘‘infant mortality’’ refers to the Whereas the celebration of ‘‘National Prin- problem of abuse of over-the-counter and death of a baby before his or her first birth- cipals Month’’ would honor elementary prescription medicines, and talk to their day; school, middle school, and high school prin- teens about all types of substance abuse; Whereas the United States ranks 41st cipals, and recognize the importance of prin- Whereas observance of ‘‘National Medicine among industrialized countries in the rate of cipals in ensuring that every child has access Abuse Awareness Month’’ should be encour- infant mortality; to a high-quality education: Now, therefore, aged at the national, State, and local levels Whereas high rates of infant mortality are be it to increase awareness of the abuse of medi- especially prevalent in communities with Resolved, That the Senate— cines; large minority populations, high rates of un- (1) recognizes the month of October 2011 as Whereas educational tools, training pro- employment and poverty, and limited access ‘‘National Principals Month’’; and grams, and strategies have been developed by to safe housing and medical providers; (2) honors the contribution of principals in the national organization that represents Whereas premature birth is a leading cause the elementary schools, middle schools, and 5,000 anti-drug coalitions nationwide and the of infant mortality; high schools of our Nation by supporting the association representing makers of over-the- Whereas according to the Institute of Med- goals and ideals of ‘‘National Principals counter medicines, in order to help local coa- icine of the National Academies, premature Month’’. litions demonstrate the best ways to engage birth costs the United States more than S. RES. 278 and educate parents and grandparents, $26,000,000,000 annually; Designating September 2011 as ‘‘National teachers, law enforcement officials, doctors, Whereas infant mortality can be substan- Prostate Cancer Awareness Month’’ tially reduced through community-based other healthcare professionals, and retailers Whereas countless families in the United services such as outreach, home visitation, about the potential harms of cough medicine States live with prostate cancer; case management, health education, and abuse; Whereas 1 in 6 males in the United States interconceptional care; Whereas a partnership of nonprofit associa- will be diagnosed with prostate cancer in his Whereas support for community-based pro- tions specializing in raising media awareness lifetime; grams to reduce infant mortality can result about substance abuse and organizations Whereas prostate cancer is the most com- in lower future spending on medical inter- that represent the leading makers of over- monly diagnosed non-skin cancer and the ventions, special education, and other social the-counter drugs have developed a nation- second most common cause of cancer-related services that may be needed for infants and wide prevention campaign that utilizes re- deaths among males in the United States; children who are born with a low birth search-based educational advertisements, Whereas in 2011, the American Cancer Soci- weight; public relations and news media, and the ety estimates that 240,890 males in the Whereas the Department of Health and Internet to inform parents about the nega- United States will be diagnosed with pros- Human Services, through the Office of Mi- tive teen behavior of intentional abuse of tate cancer, and 33,720 males will die from nority Health, has implemented the ‘‘A medicines, in order to empower parents to ef- the disease; Healthy Baby Begins With You’’ campaign; fectively communicate with their children Whereas 30 percent of newly diagnosed Whereas the Maternal and Child Health about this dangerous trend and to take nec- prostate cancer cases occur in males under Bureau of the Health Resources and Services essary steps to safeguard prescription and the age of 65; Administration has provided national leader- over-the-counter medicines in their homes; Whereas approximately every 14 seconds, a ship on the issue of infant mortality; and male in the United States turns 50 years old Whereas public awareness and education Whereas educating the public on the dan- and increases his odds of developing cancer, campaigns on infant mortality are held dur- gers of medicine abuse and promoting pre- including prostate cancer; ing the month of September each year; and vention of medicine abuse are critical com- Whereas African-American males suffer Whereas September 2011 has been des- ponents of what must be a multi-pronged ef- from a prostate cancer incidence rate that is ignated as ‘‘National Infant Mortality fort to curb prescription and over-the- up to 65 percent higher than White males and counter medicine abuse: Now, therefore, be it Awareness Month’’: Now, therefore, be it Resolved, That the Senate— have double the prostate cancer mortality Resolved, That the Senate— rate of White males; (1) designates the month of October 2011 as (1) supports the goals and ideals of Na- tional Infant Mortality Awareness Month Whereas obesity is a significant predictor ‘‘National Medicine Abuse Awareness of the severity of prostate cancer; Month’’; and 2011; (2) supports efforts to educate people in the Whereas the probability that obesity will (2) urges communities to carry out appro- lead to death and high cholesterol levels is priate programs and activities to educate United States about infant mortality and the factors that contribute to infant mor- strongly associated with advanced prostate parents and youth about the potential dan- cancer; gers associated with medicine abuse. tality; (3) supports efforts to reduce infant deaths, Whereas males in the United States with 1 f low birth weight, pre-term births, and dis- family member diagnosed with prostate can- parities in perinatal outcomes; cer have a 1 in 3 chance of being diagnosed RESOLUTIONS SUBMITTED TODAY (4) recognizes the critical importance of in- with the disease, males with 2 family mem- bers diagnosed have an 83 percent chance, Mr. UDALL of New Mexico. Mr. cluding efforts to reduce infant mortality and the factors that contribute to infant and males with 3 family members diagnosed President, I ask unanimous consent have a 97 percent chance; that the Senate proceed to the imme- mortality as part of prevention and wellness strategies; and Whereas screening by a digital rectal ex- diate consideration en bloc of the fol- (5) calls upon the people of the United amination and a prostate-specific antigen lowing resolutions which were sub- States to observe National Infant Mortality blood test can detect the disease at the early mitted earlier today: S. Res. 276, S. Awareness Month with appropriate programs stages, increasing the chances of survival for Res. 277, S. Res. 278, S. Res. 279, S. Res. and activities. more than 5 years to nearly 100 percent; 280, and S. Res. 281, which were sub- Whereas only 33 percent of males survive S. RES. 277 more than 5 years if diagnosed during the mitted earlier today. Recognizing the month of October 2011 as late stages of the disease; There being no objection, the Senate ‘‘National Principals Month’’ Whereas there are no noticeable symptoms proceeded to consider the resolutions Whereas the National Association of Sec- of prostate cancer while it is still in the en bloc. ondary School Principals and the National early stages, making screening critical;

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5935 Whereas ongoing research promises further Whereas September 24, 2011, would be an and commerce to the United States econ- improvements in prostate cancer prevention, appropriate date to designate as Worldwide omy; early detection, and treatment; and Day of Play: Now, therefore, be it Whereas more than 43 percent of all adults Whereas educating people in the United Resolved, That the Senate supports the des- in the United States visit a sea coast or estu- States, including health care providers, ignation of September 24, 2011, as ‘‘World- ary at least once a year to participate in about prostate cancer and early detection wide Day of Play’’. some form of recreation, generating strategies is crucial to saving the lives of S. RES. 280 $8,000,000,000 to $12,000,000,000 in revenue an- males and preserving and protecting fami- Designating the week beginning September nually; lies: Now, therefore, be it 19, 2011, as ‘‘National Hispanic-Serving In- Whereas more than 28,000,000 jobs in the Resolved, That the Senate— stitutions Week’’ and recognizing the United States are supported by commercial (1) designates September 2011 as ‘‘National achievements of the Hispanic Association and recreational fishing, boating, tourism, Prostate Cancer Awareness Month’’; of Colleges and Universities and other coastal industries that rely on healthy estuaries; (2) declares that steps should be taken— Whereas Hispanic-serving institutions play Whereas estuaries provide vital habitat for (A) to raise awareness about the impor- an important role in educating many under- countless species of fish and wildlife, includ- tance of screening methods for, and treat- privileged students and helping those stu- ing many that are listed as threatened or en- ment of, prostate cancer; dents attain their full potential through dangered; (B) to increase research funding that is higher education; Whereas estuaries provide critical eco- commensurate with the burden of prostate Whereas Hispanic-serving institutions are system services that protect human health cancer so that— degree-granting institutions that have a full- and public safety, including water filtration, (i) screening and treatment for prostate time equivalent undergraduate enrollment of flood control, shoreline stabilization and cancer may be improved; at least 25 percent Hispanic students; erosion prevention, and the protection of (ii) the causes of prostate cancer may be Whereas in 2010, there were 307 Hispanic- coastal communities during extreme weath- discovered; and serving institutions in the United States, en- er events; (iii) a cure for prostate cancer may be de- rolling 1,348,436 Hispanic students in non- Whereas the United States has lost more veloped; and profit postsecondary schools; than 110,000,000 acres, or 50 percent, of the (C) to continue to consider ways for im- Whereas Hispanic-serving institutions are wetland of the United States since the first proving access to, and the quality of, health actively involved in stabilizing and improv- European settlers arrived; care services for detecting and treating pros- ing the communities in which the Hispanic- Whereas bays once filled with fish and oys- tate cancer; and serving institutions are located; ters have become dead zones filled with ex- (3) calls on the people of the United States, Whereas 54 percent of Hispanic students in cess nutrients, chemical wastes, harmful interested groups, and affected persons— the United States attend nonprofit, postsec- algae, and marine debris; (A) to promote awareness of prostate can- ondary Hispanic-serving institutions; Whereas changes in sea level can impact cer; Whereas celebrating the vast contributions estuarine water quality and estuarine habi- (B) to take an active role in the fight to of Hispanic-serving institutions to the tat; end the devastating effects of prostate can- United States strengthens the culture of the Whereas the Coastal Zone Management cer on individuals, families, and the econ- United States; Act of 1972 (16 U.S.C. 1451 et seq.) declares omy; and Whereas the achievements and goals of that it is the national policy to preserve, (C) to observe National Prostate Cancer Hispanic-serving institutions are deserving protect, develop, and if possible, to restore or of national recognition; Awareness Month with appropriate cere- enhance, the resources of the coastal zone of Whereas 2011 marks the 25th anniversary of monies and activities. the United States, including estuaries, for the establishment of the Hispanic Associa- S. RES. 279 current and future generations; tion of Colleges and Universities, an organi- Whereas 24 coastal and Great Lake States Expressing support for the designation of zation that works to improve the capacity of and territories of the United States contain September 24, 2011, as ‘‘Worldwide Day of Hispanic-serving institutions in helping stu- a National Estuary Program or a National Play’’ dents across the United States succeed; Estuarine Research Reserve System; Whereas the Hispanic Association of Col- Whereas according to the Centers for Dis- Whereas scientific study leads to better leges and Universities fulfills its mission by ease Control and Prevention, since 1980, obe- understanding of the benefits of estuaries to promoting the development of member col- sity prevalence among children has almost human and ecological communities; leges and universities, improving access to, tripled and approximately 12,500,000, or 17 Whereas Federal, State, local, and tribal and the quality of, postsecondary edu- percent, of children and adolescents in the governments, national and community orga- cational opportunities for Hispanic students, United States are obese; nizations, and individuals work together to and meeting the needs of business, industry, Whereas according to the American Acad- effectively manage the estuaries of the and government through the development emy of Pediatrics study entitled ‘‘The Im- United States; and sharing of resources, information, and portance of Play in Promoting Healthy Child Whereas estuary restoration efforts restore expertise; and Development and Maintaining Strong Par- natural infrastructure in local communities Whereas the week beginning September 19, ent-Child Bonds’’— in a cost effective manner, helping to create 2011, would be an appropriate week for na- (1) play is essential to development be- jobs and reestablish the natural functions of tional recognition of Hispanic-serving insti- cause play contributes to the cognitive, estuaries that yield countless benefits; and tutions: Now, therefore, be it physical, social, and emotional well-being of Whereas September 24, 2011, has been des- children and youth; Resolved, That the Senate— (1) recognizes the achievements and goals ignated as ‘‘National Estuaries Day’’ to in- (2) play offers an ideal opportunity for par- of Hispanic-serving institutions across the crease awareness among all people of the ents to engage fully with children; and United States; United States, including Federal, State and (3) despite the benefits derived from play (2) recognizes the achievements of the His- local government officials, about the impor- for both children and parents, time for free panic Association of Colleges and Univer- tance of healthy estuaries and the need to play has been significantly reduced for some sities throughout the 25 years since the es- protect and restore estuaries: Now, there- children and youth in the United States; tablishment of the organization; fore, be it Whereas is the cen- Resolved, That the Senate— (3) designates the week beginning Sep- terpiece of , the long-term com- (1) designates September 24, 2011, as ‘‘Na- tember 19, 2011, as ‘‘National Hispanic-Serv- mitment of to empower chil- tional Estuaries Day’’; ing Institutions Week’’; and dren and families by providing the tools and (2) supports the goals and ideals of Na- (4) calls on the people of the United States information children and families need to tional Estuaries Day; and interested groups to observe the week take action on the issues children and fami- (3) acknowledges the importance of estu- with appropriate ceremonies, activities, and lies care about; aries to sustaining employment and the eco- programs to demonstrate support for His- Whereas in each of the 50 States and in 13 nomic well-being and prosperity of the panic-serving institutions. countries, including at United States mili- United States; tary bases around the globe, children and S. RES. 281 (4) recognizes that persistent threats un- families celebrate Worldwide Day of Play; Designating September 24, 2011, as ‘‘National dermine the health of the estuaries of the Whereas on September 24, 2011, Nickel- Estuaries Day’’ United States; odeon will host the 8th annual Worldwide Whereas the estuary regions of the United (5) applauds the work of national and com- Day of Play; States comprise a significant share of the munity organizations and public partners Whereas in 2011, in collaboration with the national economy, with 43 percent of the that promote public awareness, under- Let’s Move! campaign started by First Lady population, 40 percent of the employment, standing, protection, and restoration of estu- Michelle Obama and the President’s Council and 49 percent of the economic output of the aries; on Fitness, Sports and Nutrition, the Nickel- United States located in the estuary regions (6) reaffirms the support of the Senate for odeon Worldwide Day of Play will be held on of the United States; estuaries, including the scientific study, the Ellipse in Washington, District of Colum- Whereas coasts and estuaries contribute preservation, protection, and restoration of bia; more than $800,000,000,000 annually in trade estuaries; and

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5936 CONGRESSIONAL RECORD — SENATE September 23, 2011 (7) expresses the intent of the Senate to that I mean something like 29 to 1. The cannot wait any longer to address this continue working to understand, protect, Senate has received five of these bills need. All of my colleagues should come and restore the estuaries of the United from the House. The Appropriations together in a bipartisan agreement to States. Committee is ready to take up any of strip out the ATV offset, approve f these bills on the floor when time al- meaningful disaster assistance today, MEASURE PLACED ON THE lows. and return this bill to the House for re- CALENDAR—S. 1619 In the interim, enacting a continuing consideration. I hope we have the good resolution is essential before the Con- sense to resolve this matter. Mr. UDALL of New Mexico. Mr. gress goes on recess. The bill passed by I suggest the absence of a quorum. President, I understand that S. 1619 is the House provides the bare-bones min- The PRESIDING OFFICER. The at the desk and due for a second read- imum required to ensure that govern- clerk will call the roll. ing. ment functions will be continued with- The legislative clerk proceeded to The PRESIDING OFFICER. The out interruption. It also includes a few call the roll. clerk will read the bill by title for the critical legislative provisions to sus- Mr. REID. Mr. President, I ask unan- second time. tain vital programs which otherwise imous consent that the order for the The assistant legislative clerk read would be terminated. There were many quorum call be rescinded. as follows: more items which the administration The PRESIDING OFFICER (Mr. A bill (S. 1619) to provide for identification and Members of this body would have UDALL of New Mexico). Without objec- of misaligned currency, require action to wished to include, but the House did tion, it is so ordered. correct the misalignment, and for other pur- not agree to include them. The House poses. f CR also provides a limited amount of Mr. UDALL of New Mexico. I object disaster funding, which has been ad- MORNING BUSINESS to any further proceedings with respect dressed by others. Mr. REID. Mr. President, I ask unan- to the bill. I want to state for the record that I imous consent that the Senate proceed The PRESIDING OFFICER. Objec- am particularly disturbed at the posi- to a period of morning business, with tion having been heard, the measure tion of the House that fiscal year 2011 Senators permitted to speak for up to will be placed on the calendar. emergency disaster assistance would be 10 minutes each. Mr. UDALL of New Mexico. Mr. offset by canceling the advanced tech- The PRESIDING OFFICER. Without President, I suggest the absence of a nology vehicle program. It has long objection, it is so ordered. quorum. been a tradition of the Congress to ap- f The PRESIDING OFFICER. The prove disaster assistance without need NATIONAL PUBLIC LANDS DAY clerk will call the roll. for offset. Others will likely come to The assistant legislative clerk pro- the Senate floor to challenge that re- Mr. REID. Mr. President, I rise today ceeded to call the roll. mark. They will point out that in in recognition of the 18th annual Na- Mr. INOUYE. Mr. President, I ask many, if not most, emergency tional Public Lands Day, which will be unanimous consent that the order for supplementals the Congress has rec- celebrated on Saturday, September 24. the quorum call be rescinded. ommended using rescissions to offset I am pleased to acknowledge the ef- The PRESIDING OFFICER. The Sen- the cost of the bill. They are correct, forts of volunteers across our Nation ator from Hawaii. but as usual the details tell the true who will come together to improve and f story. restore one of America’s most valuable The Appropriations Committee annu- treasures, our public lands. THE CONTINUING RESOLUTION ally reviews unobligated balances that National Public Lands Day started in Mr. INOUYE. Mr. President, the remain in programs and those that are 1994 with 700 volunteers working in just United States is considering H.R. 2608, unnecessary are recommended for re- a few locations. This year over 180,000 a continuing resolution to ensure our scission or reapplication to other pro- volunteers will come together to work vital Federal programs can continue in grams. However, in the case of disaster at more than 2,000 locations across all operation while the Congress com- assistance, I challenge my colleagues 50 States. These people come from all pletes action on our appropriations to review all appropriations bills for walks of life, holding a shared interest bills for this fiscal year. the past decade and find a single in- in protecting our public lands for the As all of my colleagues are aware, I stance where the committee paid for enjoyment of future generations. Na- do not welcome the reality that we disasters by rescinding funds from tional Public Lands Day provides an once again need to approve of stopgap other programs. No one would find an annual opportunity for the American measures as we prepare to begin the example because, quite simply, there public to devote a day to conservation next fiscal year, but, unfortunately, are not any. Equally important, as and to give back to the public lands that is the position we are in now. The noted above, year after year the Con- that give so much to us. acrimonious and time-wasting debate gress rescinds unobligated funds, but Our Nation has a proud tradition of on raising the debt ceiling has led us to only when they are no longer needed. conservation. When Yellowstone Na- this place. Put simply, we have no In the case of the remaining balances tional Park was established in 1872, it choice but to pass this short-term for the advanced technology vehicle was the world’s first national park. measure. programs, these funds are needed. The idea of a national park was an I wish to point out, however, that un- Hardly a day goes by that someone American invention of historic propor- like last year, we see this as a short- does not come to the floor and note the tions that led the way for global con- term need, not a long-term remedy, be- need for job creation. Here is a pro- servation efforts. President Teddy Roo- cause even though there was neither an gram that is creating good jobs with a sevelt, one of our earliest and most en- agreement on spending levels nor an al- future. Investing in new technologies ergetic conservationists, dedicated 194 location to the Appropriations Com- to make our Nation more competitive million acres of national parks and na- mittee for discretionary spending until in the international marketplace is ex- tional preserves over the course of his the August recess commenced, I am actly the type of program where Fed- Presidency. As we look ahead to en- happy to inform my colleagues that eral Government intervention makes hance our Nation’s conservation agen- the Senate Appropriations Committee sense. The notion that our Republican da, Secretary of the Interior Ken has completed its work on 11 of the 12 colleagues in the House would propose Salazar has enlisted Congress to iden- bills required to fund our Federal agen- rescinding $1.5 billion in funding from tify the ‘‘crown jewels’’ of public lands cies. In the past 3 weeks, the Appro- this program in the current economic that will be part of our legacy for fu- priations Committee has met to review climate borders on the nonsensical. ture generations. and favorably approve 10 bills for fiscal Finally, I would note that today’s Public lands make up more than one- year 2012. Eight of those bills were re- balances in the disaster relief fund are third of our country, and are places of ported out of committee in an over- now at $175 million. Our people are in continuous discovery, where we go to whelmingly bipartisan vote, and by need of assistance now. The Congress find ourselves, to uncover our history,

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5937 and to explore for resources that help I would also like to acknowledge and down and chose to enlist with the Ma- improve our quality of life. Our public thank the many Nevadans that will rine Corps instead. His older brother lands provide wide open spaces, deep spend September 24 improving our pub- David was serving in the U.S. Air forests, dramatic vistas, and opportuni- lic lands undertaking 19 projects across Force, and his brother Bobby was al- ties for solitude that not only fulfill us the State from the Big Rocks Wilder- ready in Vietnam with the Army. individually, but form a fundamental ness Area in Caliente to Daggett Sum- Within 2 years Rennie had risen to the part of the American character. Our mit Trail in Stateline. In northern Ne- rank of corporal and took his duties as public lands are part of who we are and vada, volunteers will be working to im- a marine very seriously. the diversity of their uses, like the di- prove our public lands at the Mill Alvin Simpson, a fellow Marine re- versity of their landscapes, reflects our Creek Campground. These people will cruit who went through basic training identity. In many areas, they provide spend their day installing new fire with Rennie and later wrote a memoir timber, ore, and forage that are the rings, barbeques and lantern hooks as about his experiences, said this: ‘‘There economic bedrock of rural America. In well as cleaning the debris from the was no question who could outfight other areas, Congress has designated stream and placing rocks in parking whom; I knew, he knew, and the entire them as wilderness, places and camping areas. platoon knew Lorenza was the real ‘‘untrammeled by man, where man is a The focus of National Public Lands deal.’’ visitor who does not remain.’’ Day this year is highlighting the op- Corporal Lorenza Gayles was de- Nevada boasts some of the most rug- portunities public lands offer young ployed to Vietnam on June 21, 1966. On ged and diverse landscapes in the people through the Youth in the Great September 3 of that year, while on re- United States. From the vast Black Outdoors Initiative, launched by the connaissance patrol, he was on point Rock Desert of northwestern Nevada, U.S. Department of the Interior. This with his squad when they walked into to the alpine peaks of Mount Rose initiative will engage youth from all an ambush. Corporal Gayles was killed overlooking the shores of Lake Tahoe, backgrounds in exploring, connecting instantly. He was 19 years old. to the imposing buttes and sagebrush with and preserving America’s natural Several weeks later his parents were plains of the Sheldon National Wildlife presented with Corporal Gayles’s post- Refuge, and the Mojave Desert floor and cultural heritage. National Public Lands Day is also relaying the health humously awarded Purple Heart Medal. covered in Joshua trees and yucca Corporal Gayles is buried in the Lynch plants. Over the past quarter century, benefits of outdoor recreation by en- Cemetery in Middlesboro. home grown conservation advocates couraging families to develop more ac- tive lifestyles on our public lands. ‘‘When Rennie was killed in action in have worked to protect and preserve 68 Vietnam,’’ the author of this article wilderness areas consisting of 3.4 mil- The preservation of our public lands writes, Mr. President, ‘‘I remember my lion acres, an area approximately the is a priority for me. Our public lands mother saying, ‘that poor little Gayles size of Connecticut. These advocates are part of what makes the United boy.’ This is something that I have car- continue to work towards protection of States a great Nation. I voice my grati- ried with me my entire life.’’ the most special places in the Silver tude to all who will participate in Na- That is the author of this article State. Currently, there are strong tional Public Lands Day this year. speaking. Forty-five years later, this grassroots efforts underway to protect f author’s memories still affect him, and the high alpine lakes and thick aspen REMEMBERING CORPORAL I think anyone who reads this piece groves of the Pine Forest Range in LORENZA GAYLES will be affected too. CPL Lorenza Humboldt County as well as the rich Gayles’s life may not have been long, archeological resources and spectac- Mr. MCCONNELL. Mr. President, I but he made an indelible mark on the ular red rock formations in the Gold rise to honor a brave member of the people who love and remember him. Butte area just a short drive from Las U.S. Marine Corps and a fellow Ken- I ask unanimous consent that the en- Vegas. tuckian who was lost to his family and Our public lands also provide a con- friends 45 years ago when he was killed tire article remembering CPL Lorenza sistently reliable source of natural re- in action in Vietnam. A very moving Gayles, a proud marine and a brave sources that fuel our national econ- article in tribute to this man, CPL Kentucky hero who deserves all of our omy. In northern Nevada, mining is a Lorenza Gayles, appeared in the respect, be printed in the RECORD. way of life. Although Nevada was well Middlesboro Daily News recently, and I There being no objection, the mate- known for silver during the 19th cen- wanted to give this article and this fine rial was ordered to be printed in the tury, miners working in the Silver young man’s story the attention it de- RECORD, as follows: State now produce almost 80 percent of serves. [From the Middlesboro Daily News, Sept. 2, the gold in the United States, much of Born in Lynch, KY, on December 28, 2011] which comes from public lands. Nevada 1946, as the fourth child of David and FORGOTTEN MARINE also has a rich history of ranching for Virginia Gayles, Lorenza moved with (Editor’s Note: This article was written by both sheep and cattle and grazing on his family to Middlesboro as a baby a Daily News reader who wishes to honor the memory of one of Middlesboro’s finest— federal lands helps feed this family tra- and grew up with many friends. He was a good student, was popular with his Lorenza Gayles—yet remain anonymous.) dition. Throughout the state the bur- ‘‘Once upon a time in America, when I was geoning renewable energy industry on schoolmates, and known for his sense colored, two adventurous, young boys, both public lands has provided a variety of of humor. His sister Lelia remembers black, but from very different backgrounds; new job-creating economic opportuni- young Lorenza was ‘‘just a charming one boy was from Ky., the other boy hailed ties. Harnessing the solar, wind, and little boy.’’ from Northern Ohio. The kid from Ky. was geothermal resources in Nevada and Lorenza, called ‘‘Rennie’’ by his killed September 3, 1966, in South Vietnam. throughout the country will bolster friends, attended the Lincoln School, His name was Lorenza Gayles, he was twenty years old when he was killed, he was my our country’s economic and energy se- the only school in Middlesboro for Afri- can-American children in those days of friend. I loved him then—and I love him curity for decades and centuries to more today.’’ come. segregation. He was a talented athlete —From ‘‘Together We Served’’ By Alvin L. I recognize and thank the thousands who played football, baseball, and had Simpson. of Federal employees who manage an exceptional gift for basketball. Bill To most, Rennie Gayles is a public housing these lands year-round. The Bureau of Smith, a longtime friend of the Gayles development in Middlesboro. To others, he Land Management, Forest Service, family, remembers Rennie as ‘‘a solid was a son, a brother and a friend; but most Fish and Wildlife Service, National guy with a good head on his shoul- importantly to me, he was Corporal Lorenza Park Service, and other federal land ders.’’ When segregation in the area Gayles, United States Marine. Though I management agencies ensure that pub- ended, Lorenza went to Middlesboro didn’t know him, and was only five years old lic lands in Nevada and across the Na- High School, where he graduated in at the time of his death, his life and death have always held a special meaning to me. tion meet the changing needs of our 1964. Born in Lynch, Ky., on December 28, 1946, communities. They provide a vital, Knoxville College offered Rennie a he was the fourth child of David and Virginia though rarely reported, service to our scholarship to play basketball after Gayles. Soon after his birth, the Gayles fam- Nation. high school, but Rennie turned them ily moved to Middlesboro where he and his

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5938 CONGRESSIONAL RECORD — SENATE September 23, 2011 older brothers and sister were raised in a lov- diers, and are prepared to give their lives for list in the Armed Forces if the DREAM ing home by parents that worked very hard it. Act becomes law. to provide for their children. Rennie, as he We owe the same gratitude to those who And studies have found that DREAM was affectionately known, grew up like most served in Vietnam. We all know someone Act participants would contribute lit- of us. He had many friends, loved playing who served there and the memories of these basketball, just a normal childhood growing heroes are fleeting. These men and women erally trillions of dollars to the U.S. up. He is described by his sister Lelia as served with the same courage and dedication economy during their working lives. ‘‘just a charming little boy.’’ as do the brave soldiers of today. We see These young people have overcome Rennie attended school at the Lincoln them every day. Take just a moment to great obstacles to succeed. They are School in Middlesboro, long since gone. In thank them for their service and their sac- valedictorians, star athletes, honor-roll the days of segregation, it was the only rifice; just a pat on the back and a thank you students, and ROTC leaders. Now they school in Middlesboro for black children. He would mean so much. Most of all, take a mo- want to give back to their country. was a good student, very popular among his ment to remember, honor and mourn those The DREAM Act would give them that classmates and known for his sense of who gave their lives for this great nation. chance. humor. Bill Smith, a longtime friend of the Our community lost too many fine young Gayles family, described Rennie as ‘‘a solid men in Vietnam and it’s up to us to pass on For the last 10 years I have been guy with a good head on his shoulders.’’ their heritage so that they are not forever working on the DREAM Act, there has Rennie was also a very talented athlete lost to posterity. Remember that many of been one constant: strong support from who played football, baseball, and was an es- these men and women sacrificed their ambi- the faith community. The DREAM Act pecially gifted basketball player. With the tions so that we wouldn’t have to. They died is supported by almost every religious end of segregation, he then attended for the very freedoms we enjoy every day. group you can imagine: Catholic, Meth- Middlesboro High School, where he grad- When Rennie was killed in action in Viet- odist, Episcopal, Lutheran, and Evan- uated in 1964. nam I remember my mother saying ‘‘that gelical Christians; Orthodox, Conserv- Offered a scholarship by Knoxville College poor little Gayles boy.’’ This is something to play basketball, he declined. Instead, that I have carried with me my entire life. ative, and Reform Jews; and Muslims, young Gayles enlisted in the United States And with the passing of time and genera- Hindus, and Sikhs. Marine Corps. With his older brother David tions we owe it to them to carry on their The faith community supports the serving in the U.S. Air Force, and Bobby memories. This tall, handsome, young Ma- DREAM Act because it is based on a serving in Vietnam in the U.S. Army, I sup- rine with his broad beaming smile, with his fundamental moral principle that is pose he felt he was obligated to enlist. He re- whole life ahead of him, he was one of those shared by every religious tradition—it ceived his basic training at Parris Island, men. is wrong to punish children for the ac- South Carolina, and upon completion was Rennie Gayles is not just a housing tions of their parents. stationed at Camp Lejeune, North Carolina. project; United States Marine Corporal These students were brought to this He later transferred to a Marine base in Cali- Lorenza Gayles was a guardian of freedom. country as children. They grew up here fornia. He quickly rose through the ranks REMEMBRANCE and became a corporal in just two years. He pledging allegiance to the American was an attentive soldier and took his obliga- Forty-five years ago, on September 3, 1966, flag and singing the only national an- tion to the Corps very seriously. He was a just before your twentieth birthday, in a them they’ve ever known. They are ‘‘textbook’’ Marine. Tough, no-nonsense and country, half a world away from home, in the Quang Nam Province of South Vietnam American in their hearts and they cared deeply about those he served with. should not be punished for their par- ‘‘Everybody in our platoon knew the out- defending your nation with a profound sense of duty and exemplary conduct becoming a ents’ decision to bring them here. standing recruit was a black kid from For the next several weeks, people of Middlesboro, Ky., Lorenza Gayles,’’ writes United States Marine, you made the ulti- Alvin Simpson, author of ‘‘Distant Shore: A mate sacrifice. Every day of my life I will faith all across this country will show Memoir,’’ and fellow Marine recruit in basic thank God for you, I will honor you, and I their support for the DREAM Act by training with Rennie. will remember you . . . Semper Fi celebrating the first-ever ‘‘DREAM ‘‘There was no question who could outfight On October 26, 1966, Corporal Lorenza Sabbath.’’ whom; I knew, he knew, and the entire pla- Gayles was posthumously awarded the Pur- On the DREAM Sabbath, at churches, ple Heart. It was presented to his parents by toon knew Lorenza was the real deal.’’ synagogues, mosques, and temples With the war in Vietnam escalating, Major F.C. Fisher, U.S.M.C. Corporal Gayles is buried in the Lynch Cemetery in around the country, Americans of Rennie was deployed on June 21, 1966. Just many religious backgrounds will offer over two months after arriving in Vietnam, Middlesboro. while on a reconnaissance patrol, Rennie was Sincerest appreciation to those who con- prayers for the immigrant students on point (front man in the squad) when he tributed to this article: Rennie’s brother, who would be eligible for the DREAM and the other members of his squad walked Bobby Gayles of Middlesboro; Bill Smith, Act. At many of these events, these into an ambush. He was killed instantly. U.S. Army (Ret.), of Middlesboro; sister DREAM Act students will tell their Lelia Gayles-Cammon, Tuscaloosa, Alabama; THE WAR stories. Alvin L. Simpson of Columbus, Ohio, for With the war in Vietnam so many years your friendship, encouragement, service to The DREAM Sabbath will take place behind us, many have tried to put it out of our nation and loving tribute to your friend; over several weekends in September their minds. But for those who served and and a special thanks to Sgt. Timothy Moos and October, and so far, there are more the family members who lost loved ones and the United States Marine Corps. than 320 DREAM Sabbath events there, it haunts them every day. Deemed an f planned, in 44 States. unpopular war, many returning Vietnam vet- In June, when I announced the erans were scorned, cursed, called ‘‘baby kill- DREAM ACT DREAM Sabbath, I was joined by reli- ers,’’ and spat upon. The truth is, no war is popular. War is, sometimes, just a necessary Mr. DURBIN. Mr. President, 10 years gious leaders from a great variety of evil. This great nation has long carried the ago, I introduced the DREAM Act, leg- faith traditions, including: Cardinal obligation to protect and defend those who islation that would allow a select Theodore McCarrick, a good friend who cannot defend themselves against oppres- group of immigrant students with has been a leader in the fight for immi- sions that exist in this world. And to the great potential to contribute more gration reform for many years; Bishop over 58,000 soldiers that died and 1,300 still fully to America. Minerva Carcan˜ o, the first Hispanic listed as missing in action, we owe our eter- The DREAM Act would give these woman to be elected bishop in the nal gratitude. students a chance to earn legal status Methodist Church; Reverend Samuel As a child growing up in the 1960s and early 1970s, the war in Vietnam to me was sitting if they came to the U.S. as children, Rodriguez, the president of the Na- beside my father watching the nightly news are long-term U.S. residents, have good tion’s largest Hispanic Christian orga- with Walter Cronkite. With the end of each moral character, graduate from high nization, with more than 30,000 member broadcast came the body count, the dead, the school, and complete 2 years of college churches; Reverend Derrick Harkins, wounded and the missing in action. Today, or military service in good standing. the pastor of one of the most promi- newscasts are filled with coverage of brave The DREAM Act would make Amer- nent African-American churches in our men and women memorialized who have ica a stronger country by giving these Nation’s Capitol, who was representing given their lives, and those troops returning talented immigrants the chance serve the National Association of from Iraq and Afghanistan as they are met at airports across the country by cheering in our military and contribute to our Evangelicals; Bishop Richard Graham crowds and hailed as heroes and glorified as economy. of the Evangelical Lutheran Church in they should be. They have dedicated their Tens of thousands of highly-qualified, America; Bishop David Jones of the lives to protect and serve this nation as sol- well-educated young people would en- Episcopal Church; Rabbi Lisa

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5939 Grushcow of the Hebrew Immigrant Rather than thinking about what the At a time when families are having Aid Society; and Imam Mohamed next meal will be, these parents worry trouble making ends meet, food stamps Magid, the head of the Nation’s largest if there will be a next meal. meet a basic human need. Muslim organization. Rather than concentrate on home- The people using food banks or food The DREAM Sabbath events reflect work, these children are trying not to stamps to get by are people you know— this great religious diversity. Let me think about their hunger pangs. your neighbor and coworker. give you just a few examples of the According to the USDA in 2010, 14.5 I recently heard from a single mother congregations who are observing the percent of households—or 1 in 6 Ameri- of a 4-year old daughter who receives DREAM Sabbath: the First Pres- cans—experienced hunger. This is the emergency food assistance from the byterian Church of Cheyenne, WY; the highest level of hunger in our Nation Eastern Illinois Food Bank. Central United Methodist Church in since the government began tracking This young mother is also a full-time Fairmont, WV; the Unitarian Church of food insecurity in 1995. college student, who plans to use her Lincoln, NE; Galloway Memorial Epis- No State or county is immune to the education to provide a better life for copal Church in Elkin, NC; Grace reality of hunger. In Illinois’ three her family. United Methodist Church in Missoula, wealthiest congressional districts an Without the extra support from food MT; Trinity Episcopal Church in Win- average of 13.2 percent of people—or stamps, this woman says she would ner, SD; the Texas Catholic Conference nearly 281,000 people—experienced hun- have to drop out of college and work at of Bishops; the Florida Catholic Con- ger in 2009. a minimum wage job just to make ends Hunger is a reality in all of our com- ference of Bishops; and the following meet. munities. We see it in the long lines at Catholic dioceses, just to name a few: She credits food stamps for not only our food pantries. We have heard from Cincinnati, OH; Cleveland, OH; Dav- providing food assistance, but for al- seniors forced to choose between gro- lowing her to get an education so she enport, IA; Evansville, IN; and Salt ceries and medication. And children Lake City, UT. Just last night, in Tuc- can move her family out of poverty. are in our schools who have not had a As Congress works to rein in our Na- son AZ, the DREAM Sabbath was rec- decent meal since the previous day’s ognized at the National Hispanic Evan- tion’s debt, we will hear from all sides. school lunch. The millions of Americans who rely on gelical Immigration Summit, a gath- The U.S. Census Bureau reported this safety net antihunger programs like ering of 1,200 Evangelical ministers. month that more than 1.82 million peo- SNAP will not have the loudest voice This summit was convened by Rev- ple lived in poverty in Illinois last in the debate or big PR firms, but we erend Sam Rodriguez and the National year. That’s up from 1.69 million in can’t forget them. Hispanic Christian Leadership Con- 2009—making 2010 the third straight We must protect Federal food assist- ference and I want to thank them for year the poverty rate in Illinois has ance programs. These programs are not their leadership. risen. In my home State of Illinois, I plan According to Feeding America in Illi- a giveaway or a handout. They are to observe the DREAM Sabbath at a nois, nearly 1.9 million people—includ- strengthening our economy and im- number of places, including: Anshe ing over 740,000 children—are food inse- proving the lives of vulnerable fami- Sholom B’nai Israel Congregation, a cure and often rely on safety net pro- lies, children, and seniors at their time Modern Orthodox temple, where, by the grams for their next meal. of need. way, Chicago Mayor Rahm Emanuel is Hunger is a symptom of poverty, and f a congregant; Old St. Pats Church, my where this is poverty we see greater de- MORETOWN POST OFFICE home parish in Chicago; and the mand for emergency food programs and Mr. LEAHY. Mr. President, I would Church of the Holy Spirit in support. Federal food assistance pro- like to bring to the attention of the Schaumberg. grams have responded to the growing Senate a notable development in the I would like to invite all of my col- need by helping low and middle-class community of Moretown, VT. leagues and everyone listening today families, children, and seniors main- Moretown is located near the con- to participate in the DREAM Sabbath. tain a healthy diet. If you are interested in becoming part Throughout the country, food banks fluence of the Mad River and the of this important national movement, and pantries that rely on Federal as- Winooski River, just down the road you can visit www.dreamsabbath.org sistance are the front line of the fight from my home in Middlesex, and the for more information or call my office against hunger—providing emergency community was hit particularly hard at 202–224–2152. food assistance to hungry families. by the flooding caused by Tropical The DREAM Sabbath will put a Unfortunately, business at food Storm Irene. Homes were flooded, the human face on the plight of undocu- banks has never been better. Over the town offices were inundated, and the mented students who grew up in this past 2 years, Illinois food banks have Moretown School was damaged. country and help build support for pas- seen a 50 percent increase in requests Bridges were washed away, cutting the sage of the DREAM Act. for food assistance. In 2009, Illinois food town off from central Vermont’s high- DREAM Act students need our pray- banks provided food to 1 in 10 resi- way system, and leaving some resi- ers, but they need more than that— dents. dents stranded. But through this dis- they need our help to pass the DREAM The Supplemental Nutrition Assist- aster, the town pulled together, in yet Act. ance Program, formerly known as food another of the many stories that can These young people are American in stamps, is one of the Nation’s most im- be told of the great resilience shown by their hearts. They are willing to serve portant antihunger programs. SNAP Vermonters in the storm’s terrible our country, if we would only give has provided over 46 million Americans aftermath. them a chance. Passing the DREAM with essential food assistance. As flood waters rose, the postmaster Act is the right thing to do and it will In Illinois, 1.8 million people—that is in charge of the Moretown Post Office, make America stronger. 1 in 7 residents—rely on SNAP benefits Naomi Tilton, and the two carriers who to buy the food they need. work in the Moretown Post Office man- f The benefits of SNAP reach far be- aged to save every piece of mail from yond helping households maintain a the rising flood waters. Every single HUNGER AWARENESS healthy diet. SNAP is a powerful tool piece of mail in their charge. Water Mr. DURBIN. Mr. President, I rise in fighting poverty, and has lifted near- eventually filled the entire post office today to speak on behalf of the over 50 ly 2.5 million children out of poverty, lobby, and as water damage left by the million people, including over 17 mil- more than any other government pro- flooding in Moretown demonstrated, as lion children in the United States, who gram. much as 8 feet of water filled the first face the day not knowing if they will According to the USDA’s Economic floors of structures surrounding the have enough to eat. Research Service, $5 of SNAP benefits post office. Millions of families live each day not can generate $9 in economic activity When my staff visited the Moretown knowing if and how they will put food through retail demand, farm produc- Post Office a week later, workers had on the table. tion, and jobs. already begun renovating the building.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5940 CONGRESSIONAL RECORD — SENATE September 23, 2011 They had shoveled out the mud and peting political leaders must point the the Ratna Park roadside. And having made a muck deposited by the river, and they way forward by making the necessary few contacts here and there, Darnal ventured had torn out the mold-prone sheetrock. compromises. into writing for small media houses. The Yet even in disrepair, the post office Today I want to speak briefly about ideas for the foundations of the Jagaran was not in disarray or disorder: The caste discrimination, which is at the Media Centre came in these days. It was to be the largest Dalit-led media outlet in core of Nepal’s feudalistic history. I do Moretown Post Office continued to op- South Asia. Even now, Jagaran media has a erate. A sign made out of a plain sheet so by paying tribute to an extraor- radio station that produces a radio magazine of white paper directed customers to dinary leader of Nepal’s Dalit commu- that is broadcast throughout India and the side of the erstwhile post office, up nity, Suvash Darnal, who was trag- Nepal. a set of crooked stairs and into an of- ically killed in a motor vehicle acci- These were turbulent times. By the time fice on the second floor. In that make- dent in Virginia on August 15, 2011. the media centre was established and run- shift temporary post office, customers Mr. Darnal was only 31 years old ning smoothly, King Gyanendra took over could still buy stamps, pick up their when he died, but he had already and attempted to reverse the course of his- mail, and share their stories of survival achieved far more than most people, tory. Public outrage was growing and so was and community togetherness. even people with every advantage, do the demand for the return of democracy. At The postal employees of Moretown in a much longer life. this crucial juncture, Darnal and his close did all this on their own time, outside Mr. Darnal was of humble begin- friend founded the Collective Campaign for of normal business hours, and on their nings, with nothing but hardship and Peace (COCAP). ‘‘I wanted to play my part in own initiative. I understand that Ms. unfairness to look forward to. Yet he what I knew would be a momentous time in Nepal’s history,’’ said Darnal. He often re- Tilton’s manager was stranded dozens managed to overcome daunting obsta- cles to become a respected leader with called those days saying that at the heart of of miles to the south in Rochester, VT, the uprising, it became an unofficial ‘‘secre- a town similarly cut off from the out- boundless energy, a quenchless thirst tariat’’ for the civil democratic movement in side world. Professionalism and dedica- for knowledge, extraordinary vision, Nepal. and a tireless determination to help tion to the community motivated the It was after this that Darnal set off to un- improve the lives of his people. employees of the Moretown Post Office dertake the most mammoth of his life’s to keep the area’s postal system work- As I have said before in this Cham- work. He realised that democracy would be ing. Their efforts offered a glimmer of ber, Nepal’s democracy cannot succeed of little use to Dalit society unless there was hope to their neighbors as the commu- without the inclusion of minority a way to bridge the gap between politics and nity realized the extent of the devasta- castes, including Dalits, in political caste. This was where Darnal’s deep frustra- tion caused by the flood and the tre- and economic decisionmaking. Mr. tions with society resided. The idea that dis- mendous effort it would take to rebuild Darnal devoted himself passionately to course at the policy level was necessary gave Moretown. And what a powerful testa- that cause through journalism, re- way to the Samata Foundation. Initially ment to the currency in modern times search, and advocacy. called the Nepal Center for Dalit Studies, late in 2009, the name was changed and be- of the proud tradition of this Nation’s He was an inspiring example of why came an officially registered organisation. venerable postal system and its dedi- caste discrimination has no place in cated public servants. the 21st century, and his death is a The Samata Foundation is now the hub of The Moretown Post Office is just one tragic loss not only for Dalits but for Dalit research. Last year, under Darnal’s di- story of the hundreds of stories I would all of Nepal. He had the humility, in- rection, Samata held Nepal’s first ever Inter- national Dalit conference. An avid reader like to tell to remind everyone how de- tegrity, intellect, and dedication to his people that Nepal needs in its leaders, and fan of B.R. Ambedkar, Darnal had set termined we are to recover from Trop- out to establish caste-based policies in the ical Storm Irene. The determination of and I hope others of his generation are country. His book, A Land of Our Own: Con- our Moretown postal workers reminds inspired by his life and work to con- versations with Dalit Members of the Con- us all of what it means to be a tinue his legacy. stituent Assembly, came out in 2009. Al- Vermonter and an American. Mr. President I ask unanimous con- though enthused by the 2008 elections that f sent to have printed in the RECORD an ushered in some 40 Dalit Constituent Assem- August 16 article in the Kathmandu bly (CA) members, it didn’t take long for REMEMBERING SUVASH DARNAL Post about Mr. Darnal. Darnal to realise it wasn’t going to be Mr. LEAHY. Mr. President, I have There being no objection, the mate- enough. He often said that it was only nat- spoken over the years about the polit- rial was ordered to be printed in the ural that the Dalit CA members wouldn’t be ical transformation that has been tak- RECORD, as follows: educated, but that it was then his task to give them the information and competence [From the Kathmandu Post, Aug. 16, 2011] ing place in Nepal since 2005, from a to stand out and be clear about their de- corrupt, autocratic monarchy to an BIDUSHI DHUNGEL, ‘‘PALPALI FLAME’’ mands. In this endeavour, he decided to pub- emerging democracy. The tragic death of 31-year-old Dalit activ- lish a Nepali translation of Ambedkar’s That process has moved forward by ist and media entrepreneur Suvash Darnal is book. The translation was done by Dalit fits and starts, plagued by political in- a huge setback to Nepal’s Dalit movement. leader and CA member Aahuti, and was pub- fighting and the seeming inability of Well known for being the founder of Nepal’s lished earlier this year. Darnal held a special political and ethnic factions to unite first ever Dalit-focused media organisation, prominence in his head and heart for the per- for the good of the people. We are Jagaran Media, co-founder of the Collective sonality and works of Ambedkar and the Campaign for Peace and most recently, the struggling with partisanship and divi- translation of the book and its subsequent Dalit-focused think tank, Samata Founda- publishing was a source of joy to him. siveness in this country, so I under- tion, Darnal made undeniable contributions stand the problem, but Nepal is at a to a burgeoning rights-sensitive society. The Dalit movement has a long history in historic crossroads and cannot afford Born in Mujhung in Palpa, and one of four this country, but with Suvash Darnal it rose for this process to fail. siblings, Suvash was schooled ‘‘by accident,’’ to new heights. From raising national aware- Key issues that were at the heart of at a local school that just happened to be in ness to travelling abroad for guest lectures, close proximity to his home. He was never Darnal had the conviction to make Nepali the internal armed conflict, such as society aware, not only of the harsh realities impunity for crimes against civilians told to go to school, nor did he initially see it as necessary, ‘‘it just kind of happened,’’ of caste, but of the repercussions of its per- by both sides, have not been addressed. he would say. Darnal’s perseverance meant ception in politics and society. Suvash’s Shielding perpetrators of gross viola- that he became the first Dalit to pass the Samata Foundation was in the process of tions of human rights from punishment SLC from his village. That achievement, and achieving precisely this. The organisation is is incompatible with a democratic soci- the positive reaction it garnered from the now without its founder, and the Dalit move- ety based on the rule of law. upper echelons of society that once treated ment without a capable leader. The work he There are many other challenges, him as untouchable, gave him the motiva- undertook was as much professional to him like reform of the army, demobiliza- tion to work harder. as it was personal, and that’s what allowed for his success. Suvash Darnal’s close friends tion of former Maoist combatants, im- But behind every success story, there is a long, hard struggle. Looking at Suvash in his refer to him as very much of a family man. proving literacy, building effective, last years, one could never guess that he’d And with only a few close friends, he main- transparent government institutions, come to Kathmandu with nothing except the tained very close ties with his family. He is and reducing poverty. The United fire of convictions. He spent months selling survived by his wife and two year old daugh- States is helping, but Nepal’s com- watches immersed in a bucket of water on ter.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5941 VETERANS HEALTH CARE FACILI- can continue to deliver world-class the duties of general counsel. He TIES CAPITAL IMPROVEMENT healthcare to veterans in a safe envi- agreed to take on this role, and he con- ACT ronment. tinued to serve me and the committee Mrs. MURRAY. Mr. President, I rise We must allow VA to continue work well throughout the 2 years that I was today in support of H.R. 2646, as on projects such as seismic corrections chairman. After I passed on the gavel amended, the Veterans Health Care Fa- in San Juan, PR; construction of new to Senator DIANNE FEINSTEIN in 2009, cilities Capital Improvement Act of Polytrauma and Blind Rehabilitation Mike stayed on for nearly 3 more 2011. I urge our colleagues to support Centers in Palo Alto, CA; medical cen- years, until his quiet retirement ear- this bipartisan legislation, which ter improvements and cemetery expan- lier this month. would allow for new construction sion in St. Louis, MO; and additional Throughout this time on the com- projects in five States and Puerto Rico parking facilities and nurse education mittee, Mike’s calm and unflappable and would extend several VA programs, opportunities to ongoing projects in presence; his evenhanded, understated, including vital homeless programs. Fayetteville, AR and Orlando, FL, re- and fair approach to even the most Last year, Congress passed, and the spectively. Additionally, it would au- contentious issues; his painstaking at- President signed into law, Public Law thorize VA to lease space for out- tention to detail and unfailing mem- 112–10, Department of Defense and Full- patient clinics in Columbus, GA; Fort ory; and, above all, his dedication to Year Continuing Appropriations Act, Wayne, IN; Mobile, AL; Salem, OR; San the law and to the security interests of and provided an advanced appropria- Jose, CA; South Bend, IN; and Spring- the United States, have served this tion of fiscal year 2012 funding for vet- field, MO. committee and our Nation well. Day in erans’ health care. Enacting H.R. 2646, This bill helps us honor the legacy of and day out, we knew we could rely on as amended, would avoid interruptions heroic veterans by dedicating VA med- Mike’s counsel. Whether it was a situa- in VA programs and would allow VA to ical facilities in their names. With the tion involving routine oversight or a use the full amount of funding provided endorsement of every member of the matter of great sensitivity and histor- through Public Law 112–10. Texas congressional delegation, the ical importance—of which there were VA has worked tirelessly to get vet- West Texas VA Health Center in Big many during those years, including our erans off the streets and into housing. Spring, TX, would be renamed in honor investigations into the intelligence re- Their efforts are commendable, but of George H. O’Brien, a hometown hero. garding weapons of mass destruction in there is still work to be done. H.R. 2646, With similar support from the Colorado Iraq, our efforts to end the CIA’s coer- as amended, contains critical exten- Congressional delegation, the Tele- cive interrogations, our drafting and sions to many of VA’s programs to end health Clinic in Craig, CO, would be re- passing the landmark Foreign Intel- homelessness among veterans. This bill named in honor of MAJ William Ed- ligence Surveillance Act Amendments would allow VA to continue to operate ward Adams. Act of 2008, among others—Mike the drop-in resource centers that help Our Nation’s veterans have sacrificed Davidson’s legal acumen and advice connect homeless veterans to services; much in their service to this country, were invariably excellent, and also in- provide grants to transitional housing we must make sure they receive the dispensable to the work of the com- programs for the most vulnerable care and benefits they earned. mittee. homeless veterans, such as the frail el- f My colleagues and I trusted Mike’s derly, terminally ill, women with chil- judgment implicitly. His example of TRIBUTE TO MIKE DAVIDSON dren, and seriously mentally ill; and dedicated public service and his excep- continue its street outreach and emer- Mr. ROCKEFELLER. Mr. President, I tional day-to-day performance on the gency care services for homeless vet- rise to commend and thank Mike Da- job earned our respect and admiration, erans. These programs are on the front vidson for his decades of extraor- and it inspired a generation of staff line of VA’s services for homeless vet- dinarily dedicated and consequential who had the privilege to work along- erans. service to our Nation, most recently as side him. One of the best ways to end veteran the general counsel for the Senate Se- We will miss Mike dearly, but his homelessness is to prevent it from hap- lect Committee on Intelligence over legacy will remain a part of the Senate pening. This bill would support VA’s the past 8 years. Select Committee on Intelligence for homelessness prevention and rapid re- Many others have praised the wise, years to come. We wish him well in his housing programs by extending the discerning, and sound counsel that has second retirement, even as we leave the Supportive Services for Veteran Fami- characterized every step of Mike’s dis- light on for him just in case he decides lies Program, a critical resource for tinguished career, from his time in the to serve again. stopping homelessness before it begins. Peace Corps in Kenya in the mid-1960s f H.R. 2646, as amended, also extends the throughout his decades of service since Homeless Veterans’ Reintegration Pro- then: as a litigator for the NAACP NATIONAL PROSTATE CANCER gram, which helps homeless veterans Legal Defense Fund, as a professor of AWARENESS MONTH find and maintain employment. Ex- clinical law at the State University of Mr. JOHNSON of South Dakota. Mr. tending these programs will decrease New York at Buffalo, as chief staff President, today I rise to recognize the number of veterans who may be- counsel for the U.S. Court of Appeals September as National Prostate Cancer come homeless in these tough eco- for the District of Columbia, as the Awareness Month. Prostate cancer is nomic times. first legal counsel of the Senate, and, one of the most common types of can- VA has a long list of construction following his first retirement from the cer in men. Approximately one in six projects that have yet to be funded. Senate in 1995, as counsel for several men will be diagnosed with this disease H.R. 2646, as amended, would allow VA important public initiatives—includ- during their lifetime and it is esti- to make critical upgrades to its facili- ing, most prominently, serving as gen- mated that over 240,000 men will be di- ties and infrastructure to ensure that eral counsel for the Joint Inquiry into agnosed with and over 33,000 men will we can provide care to veterans in a Intelligence Community Activities Be- die from the disease this year. While no safe environment. For instance, this fore and After the Terrorist Attacks of cure has been found, early detection bill would allow VA to begin a $51 mil- September 11, 2001. presents our best chance at saving lion project to seismically strengthen This exceptionally distinguished lives. Public awareness of prostate can- the nursing tower and community liv- record speaks for itself, and in 2003 it cer is improving but statistics dem- ing center at the VA Puget Sound led me to recruit Mike back to full- onstrate that more can be done to Healthcare System in Seattle, WA. time service in the Senate. As the In- make awareness and early detection of Built in 1985, this building does not telligence Committee’s vice chairman this disease a national priority. meet the current seismic code for at the time, I asked Mike to serve as The odds of successfully treating this Washington State. Located in an area the committee’s minority counsel, a disease improve with early detection, of high seismic activity, it is vital that position he held from 2003 through 2006. and health experts recommend that this building be upgraded so that the When I became the committee’s chair- men begin receiving yearly screenings VA Puget Sound Healthcare System man in 2007, I asked Mike to undertake at age 50 or sooner for those men at

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5942 CONGRESSIONAL RECORD — SENATE September 23, 2011 high risk for the disease. In fact, stud- home. Having worked with senior citi- measure success in terms of reducing ies have found that approximately 98 zens and with the Gray Panthers before the number of days a child spends in percent of men diagnosed with early I came to Congress, I often heard the foster care. But what about those chil- stage prostate cancer are still living 10 frustration of grandparents whose dren who never enter foster care but years later, while only 18 percent of grandchildren—as far as they knew— still are involved in the juvenile justice those diagnosed at advanced stages of disappeared into the state child protec- system? Or aren’t attending class regu- the disease survive the first decade. tion system and literally vanished larly? Or don’t have access to health More than 2 million men in the United from their families’ lives. I realized the care? And what about the child that, States who have been diagnosed with immense potential in making it easier for one unfortunate reason or another, prostate cancer at some point in their for grandparents and other family spends the majority of her childhood in lives are still alive today. National members to care for children and intro- foster care and ages out of that system Prostate Cancer Awareness Month is a duced legislation to recognize that. We at age 18? How do we gauge whether we reminder that early detection is vital ought to have policies that make it have lived up to our responsibility, as a in successfully treating this disease easier, instead of more difficult, for society, of preparing that child for and, through screening, we truly can families to come together to raise their adulthood? save lives. children. And as we continue to My bill gets at these very issues. It I am proud to add my voice to those rethink our child welfare system, we seeks to improve the well-being of all who are working to fight prostate can- need to rededicate ourselves to looking at risk children and their families by cer, and I take this opportunity to rec- to families, including extended fami- tracking outcomes on the individual ognize the families, professionals and lies, for solutions. When children are level. Importantly, it asks States to be advocates who work day after day to be separated from their parents, it is usu- the pioneers by telling us what will a powerful voice for prostate cancer pa- ally a painful and traumatic experi- work, and then proving it. If we don’t tients. I commend them on their tire- ence. Reading over the RECORD from check up on vulnerable kids until they less efforts to raise awareness of the that fight in 1996 reminded me just how are in foster care, or worse—until they risks, to promote early detection and far we have come since then to recog- are in the emergency room or in pris- treatment, and to further our efforts to nize that fact. on—we are missing opportunities not understand and eliminate this disease. The following year, in 1997, other pro- only to save the government money, I urge all citizens to promote the use of visions of my kinship bill were in- but missing opportunities to save lives early detection screening tests and to cluded in the Adoptions and Safe Fami- and preserve families. My bill also asks help advance the search for a cure of lies Act. And subsequent bills passed for a report to Congress on rec- prostate cancer while supporting those by this Chamber, including the 2008 ommendations on how to update Fed- individuals and families who face this Fostering Connections to Success and eral foster care financing so that eligi- devastating disease. Increasing Adoptions Act, furthered bility is no longer tied to the obsolete I appreciate this opportunity to in- our progress promoting kinship care by AFDC program. crease awareness about the importance allowing relative caregivers to receive When the Child and Family Services of early detection in our efforts to de- foster care payments just as a stranger Improvement and Innovation Act feat prostate cancer and express my would. We know that sometimes, all passed out of the Finance Committee support for those Americans fighting the goodness in a grandparent’s heart earlier this month, I withdrew two the battle against this disease. can’t buy their grandchild basketball amendments to ensure its passage f shoes or school books. And I am grate- move quickly. And I was pleased to ful to Senators BAUCUS and HATCH for have the assurances of Chairman BAU- CHILD AND FAMILY SERVICES IM- continuing to draw attention to the CUS that we could work together to fur- PROVEMENT AND INNOVATION value of kinship care. The bill we ther explore this idea of child well- ACT passed last night again moves the ball being through a roundtable in the Fi- Mr. WYDEN. Mr. President, I rise forward by rewarding States for oper- nance Committee as well as take the today in support of the Child and Fam- ating kinship guardianship programs lead on a request to the GAO asking for ily Services Improvement and Innova- as well as kinship navigator programs policy options to modernize Federal tion Act, which this Chamber adopted that help brothers and sisters stay con- child welfare financing. I commend the late last night by unanimous consent. nected should they enter the child wel- chairman and ranking member as well The bill demonstrates that improving fare system. as congressional leadership for their the lives of vulnerable children re- Slowly but surely, we are learning hard work to ensure passage of this bi- mains a national priority. In the midst what works—and we are learning it partisan bill and I look forward to con- of deficit panels and continuing resolu- from States. Through innovative ap- tinuing to work together to improve tions and fear of government shut- proaches like kinship care, we have the lives of vulnerable children and down, Congress came together to pass dramatically reduced the number of their families. this bipartisan, bicameral legislation children in foster care. In roughly a f and that is illustrative of our concern decade, the number of children in fos- for the needs of children. ter care has declined about 20 percent, TRADE ADJUSTMENT ASSISTANCE This legislation also reinforces our and that’s something to be proud of. Mr. WHITEHOUSE. Mr. President, recognition of the need for flexibility But we must continue our goal of safe- the job market these days is tough. I and accountability. We must enable ly reducing the number of youth in have heard from countless Rhode Is- public agencies to be responsible stew- care, while constantly asking our- landers who have worked all their life, ards of public funds, manage perform- selves, ‘‘what comes next?’’ but who have lost their jobs and are ance, innovate and enhance their abil- Earlier this year I introduced the now struggling to make ends meet. ity to achieve positive outcomes. The Promoting Accountability and Excel- Sadly, many of these jobs have been underlying law we reauthorized could lence in Child Welfare Act, legislation lost because big companies are taking not be more aptly named: Promoting that took a number of ideas from the advantage of cheaper labor overseas. Safe and Stable Families. I am particu- States and from the advocates and We should take action to stop this larly pleased that this bill continues to from experts in Oregon and around the pattern, and I have introduced legisla- stress the importance of kinship care. country for ways to improve the well- tion to end tax giveaways to companies This is something I know a little bit being of all vulnerable children and that ship jobs overseas that I hope we about. In the 1996 welfare reform bill, I their families, just like we did last will pass. In the meantime, we need to successfully fought for the inclusion of night. And one thing we can all agree do everything we can to help those dis- an amendment with, Senator COATS, to on is that our Federal spending must placed workers get back on their feet. ensure that relatives be given pref- drive positive outcomes. It is time we Therefore, I am pleased that the Sen- erence over stranger caregivers when develop some consensus as to what ate has acted to extend the Trade Ad- the state determined where to place a those outcomes are, though. When we justment Assistance Program for child who had been removed from the talk about child welfare, we typically American workers who have lost their

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5943 jobs due to the effects of international waste safely. BBWI employees have supported local charitable efforts, in- trade. TAA benefits are designed to worked more than 12.4 million hours cluding his purchase and donation of help displaced workers transition back and 2,839 days without a lost-time in- the Idaho Fall’s Haven shelter. As an into the job market, and that is pre- jury. In 2010 and 2008, the company outdoorsman, who backpacked and cisely what we need during this pro- earned national safety awards that in- camped with his family, Robb Brady longed period of high unemployment. cluded an Occupational Excellence had an appreciation for our natural re- In my State of Rhode Island, the unem- Award, Perfect Record Award, Safety sources, and he worked to conserve ployment rate has been over 10 percent Leadership Award and Million Hours them. for 30 straight months and currently Worked Award. In 2007, the company With Robb Brady’s passing, we have stands at 10.6 percent. earned the first-ever Integrated Safety lost a kind and valued member of our TAA benefits will help advance our Management Systems verification fol- community, but his example will not economic recovery and get Americans lowing assumption of the AMWTP con- be forgotten. He has left an indelible back to work. In the past 2 years, over tract. The company’s safety achieve- mark in the lives of the many people 1,400 Rhode Islanders have been helped ments have also been recognized who knew him, worked with him and by the job training services provided through the 2005 DOE Electrical Safety learned from him. I extend my condo- through, and the readjustment allow- Challenge; 2008 Bechtel Safety Achieve- lences and prayers to his family, ances have offered those workers a ment Award in recognition of achiev- friends and loved ones. Robb Brady’s modest bridge until they can get back ing more than five million job hours legacy will endure as a significant con- on their feet. without a lost-time injury; 2008 Sec- tribution to Idaho’s strength and his- ∑ I have said throughout the economic retary of Energy’s Appreciation Award tory. downturn that we need to stand up for for Electrical Safety; and 2009 Vol- f people who have lost their jobs through untary Protection Program verifica- TRIBUTE TO JUDGE GREENE no fault of their own, and this is espe- tion. ∑ Mr. ROCKEFELLER. Mr. President, cially true for trade-displaced workers. BBWI has also been an active and in- President Kennedy made this point today I wish to note a special occasion volved corporate partner to Idaho. next week, the unveiling of a portrait when he signed TAA into law in 1962. Through its community contributions, He said then, regarding the effects of at the U.S. Court of Appeals for Vet- the company has supported civic, arts, erans Claims to honor a dedicated pub- U.S. trade policy on our workers, that cultural and education organizations ‘‘those injured . . . should not be re- lic servant and a keen legal mind, and initiatives that have strengthened Judge William P. Greene, Jr. quired to bear the full brunt of the im- the fabric of many communities and pact. Rather, the burden of economic Judge Greene is a prime example of improved the quality of life for many an American who has dedicated himself adjustment should be borne in part by Idahoans. BBWI has been supportive of the federal government.’’ to the well being of our country and its Idaho small businesses; more than 80 I know that American workers can veterans. He was born in Bluefield, WV, percent of its contracts for materials compete and succeed in the global mar- a small coal town in the Appalachian kets when given a level playing field. and services are awarded to small busi- mountains. His grandfather worked on But for too long, our policy has been to nesses. In 2009, DOE recognized BBWI the rail cars transporting coal, but also encourage cheaper imports from coun- with its Small Business Achievement was a school teacher and instilled in tries with lax environmental standards Award and, in 2006, with DOE’s Mentor his family the value of education and ´ ´ and few protections for their workers. Protege award for the company’s rela- hard work. Judge Greene’s father con- TAA benefits help workers in the tionship with North Wind. tinued that example, working on the manufacturing and service sectors to It is a privilege to acknowledge a job railroads while pursuing a degree from adjust to a rapidly changing global well done. The significant achieve- Bluefield State College—an institution economy. This legislation will ensure ments of BBWI’s workforce and Jeff originally founded to train African- that this help remains available, espe- Mousseau’s leadership have resulted in American teachers who would then in- cially with so many people still out of the project being ahead of schedule and struct in the segregated schools. Judge work in Rhode Island and throughout under budget with a recognized safety Greene’s parents both graduated from the country. record. Thank you for your remarkable that institution and went on to teach service.∑ in their community. His father was f f then drafted after the attack on Pearl ADDITIONAL STATEMENTS REMEMBERING J. ROBB BRADY Harbor and went on to become a com- missioned officer and serve with the ∑ Mr. CRAPO. Mr. President, I rise famed ‘‘Buffalo Soldiers’’—the only Af- BECHTEL BWX TECHNOLOGIES today to honor the life of a distin- rican American infantry unit to see IDAHO LLC guished Idahoan, J. Robb Brady. I join combat in Europe during World War II. ∑ Mr. CRAPO. Mr. President, today I his family and friends in mourning his Judge Greene’s affinity and pride for recognize Bechtel BWX Technologies passing and paying tribute to his leg- the Buffalo Soldiers became a life-long Idaho LLC’s, BBWI, legacy at the Ad- acy. passion, as demonstrated by his in- vanced Mixed Waste Treatment Robb Brady is well known for his volvement in the construction and Project, AMWTP. work as a journalist and publisher of dedication of the Buffalo Soldier Monu- Under the leadership of Jeff the Idaho Falls Post Register, my ment in Fort Leavenworth, KS. In the Mousseau, appointed manager of the hometown newspaper. Starting at the portrait being unveiled, one of Judge project in November 2007, and with the Post Register in 1941, he advanced in Greene’s many Buffalo Soldier paint- commitment and dedication of the his field and served as publisher for ings can be seen in the background. skilled workforce, the AMWTP has more than 10 years. Throughout his ca- As a result of his father’s military flourished. Jeff Mousseau led the Bech- reer, he was a respected and knowl- career, Judge Greene moved a number tel team efficiently and safely to ex- edgeable voice. He earned a reputation of times during his formative years, ceed benchmarks. AMWTP went from as being a professional and principled and learned from an early age to get being 3 years behind to more than 3 journalist who was devoted to his wife along with a wide variety of people years ahead of scheduled requirements of 69 years, Rose, his family, work and under varying circumstances. He subse- to move waste out of Idaho. No other community. His talent and dedication quently put those skills and abilities to site in the U.S. Department of Energy, have been noted by many who worked good use as a citizen, a servicemember, DOE, Complex has enabled the perma- with him. He was also known for being and a leader in the legal field. nent disposal of as much radioactive humble, committed and compas- Before joining the U.S. Court of Ap- waste at the DOE Waste Isolation Pilot sionate. peals for Veterans Claims, Judge Plant more safely and compliantly In addition to his exemplary hard Greene graduated with a bachelor of than AMWTP. work, Robb Brady demonstrated a com- arts in political science from West Vir- The company’s dedicated employees mitment to the community and main- ginia State College, where he partici- have achieved a record of removing the taining Idaho’s natural resources. He pated in Army ROTC and accepted an

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5944 CONGRESSIONAL RECORD — SENATE September 23, 2011 Army Commission. He was designated EXECUTIVE MESSAGES REFERRED of the President of the Senate on September 22, 2011; to the Committee on Commerce, to serve with the Armor Branch, but As in executive session the Presiding while awaiting orders to jump school, Science, and Transportation. Officer laid before the Senate messages EC–3382. A communication from the Acting Judge Greene was offered acceptance to from the President of the United Director, Office of Sustainable Fisheries, De- the U.S. Army Judge Advocate Gen- States submitting sundry nominations partment of Commerce, transmitting, pursu- eral’s Corps on the condition that he which were referred to the appropriate ant to law, the report of a rule entitled take the LSAT and be admitted to a committees. ‘‘Fisheries of the Exclusive Economic Zone law school which was scheduled to Off Alaska; Reallocation of Pacific Cod in (The nominations received today are the Bering Sea and Aleutian Islands Manage- start in just a few weeks. Three years printed at the end of the Senate pro- later he received his law degree from ment Area’’ (RIN0648–XA673) received in the ceedings.) Office of the President of the Senate on Sep- Howard University School of Law, f tember 22, 2011; to the Committee on Com- passed the West Virginia Bar, and be- merce, Science, and Transportation. came an officer in the Army JAG MESSAGE FROM THE HOUSE EC–3383. A communication from the Acting Corps. He married his West Virginia Director, Office of Sustainable Fisheries, De- childhood sweetheart and spent the At 11:14 a.m., a message from the partment of Commerce, transmitting, pursu- next 25 years serving his country and House of Representatives, delivered by ant to law, the report of a rule entitled gaining lifelong respect for the men Mrs. Cole, one of its reading clerks, an- ‘‘Fisheries of the Exclusive Economic Zone nounced that the House agrees to the Off Alaska; Pollock in Statistical Area 630 in and women in uniform. He received the Gulf of Alaska’’ (RIN0648–XA685) received countless awards and honors for his amendment of the Senate to the bill (H.R. 2608) to provide for an additional in the Office of the President of the Senate service and expertise in both the law on September 22, 2011; to the Committee on temporary extension of programs under and the military, and he repeatedly Commerce, Science, and Transportation. demonstrated his great ability to the Small Business Act and the Small EC–3384. A communication from the Acting bridge racial tensions and brings more Business Investment Act of 1958, and Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- African Americans into the Judge Ad- for other purposes, with an amend- ment, in which it requests the concur- ant to law, the report of a rule entitled vocate General’s Corps. ‘‘Fisheries of the Exclusive Economic Zone As he is known to say when speaking rence of the Senate. The message also announced that the Off Alaska; Other Rockfish, Other Flatfish, publically, one of Judge Greene’s life Sharks, and Skates in the Bering Sea and mottos is: ‘‘When opportunity knocks, House agreed to the following concur- Aleutian Islands Management Area’’ you can’t say ‘wait, let me pack my rent resolution, in which it requests (RIN0648–XA672) received in the Office of the bags.’ ’’ So when in 1993 another oppor- the concurrence of the Senate: President of the Senate on September 22, H. Con. Res. 81. Concurrent resolution di- 2011; to the Committee on Commerce, tunity presented itself, Greene took it, Science, and Transportation. and left the Army to serve as an immi- recting the Clerk of the House of Representa- tives to make a correction in the enrollment EC–3385. A communication from the Acting gration judge for the U.S. He worked of H.R. 2608. Director, Office of Sustainable Fisheries, De- tirelessly in that position, handling partment of Commerce, transmitting, pursu- thousands of immigration matters in f ant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone the 3 years he served in that capacity. MEASURES PLACED ON THE Then, opportunity knocked again. It Off Alaska; Octopus in the Bering Sea and CALENDAR Aleutian Islands’’ (RIN0648–XA683) received was a proud day in 1997, when President The following bill was read the sec- in the Office of the President of the Senate Clinton appointed Judge Greene to the ond time, and placed on the calendar: on September 22, 2011; to the Committee on Court of Appeals for Veterans Claims. Commerce, Science, and Transportation. Until 1988, the Veterans Administra- S. 1619. A bill to provide for identification EC–3386. A communication from the Acting tion, now the U.S. Department of Vet- of misaligned currency, require action to Director, Office of Sustainable Fisheries, De- correct the misalignment, and for other pur- erans Affairs, was the only Federal partment of Commerce, transmitting, pursu- poses. ant to law, the report of a rule entitled agency that was not subject to judicial f ‘‘Fisheries of the Exclusive Economic Zone review. In a long overdue decision, the Off Alaska; Shallow-Water Species Fishery Senate Committee on Veterans’ Affairs EXECUTIVE AND OTHER by Vessels Using Trawl Gear in the Gulf of created the U.S. Court of Appeals for COMMUNICATIONS Alaska’’ (RIN0648–XA680) received in the Of- Veterans Claims with my full support. fice of the President of the Senate on Sep- The following communications were Veterans deserved judicial oversight tember 22, 2011; to the Committee on Com- laid before the Senate, together with and the creation of the court was a merce, Science, and Transportation. accompanying papers, reports, and doc- EC–3387. A communication from the Acting major accomplishment during his first uments, and were referred as indicated: Director, Office of Sustainable Fisheries, De- term in the Senate. As a skilled attor- partment of Commerce, transmitting, pursu- EC–3378. A communication from the Under ney and a veteran, Judge Greene ant to law, the report of a rule entitled Secretary of Defense (Policy), Department of brought a keen understanding of vet- ‘‘Fisheries of the Exclusive Economic Zone Defense, transmitting, pursuant to law, a re- Off Alaska; Pollock in Statistical Area 620 in erans’ issues to the bench. He served as port relative to Taiwan’s Air Defense Force; the Gulf of Alaska’’ (RIN0648–XA684) received the court’s chief judge from 2005 to to the Committee on Armed Services. 2010, and was known for his character in the Office of the President of the Senate EC–3379. A communication from the Chair- on September 22, 2011; to the Committee on and leadership during a time of tre- man and President of the Export-Import Commerce, Science, and Transportation. mendous growth and change at the Bank, transmitting, pursuant to law, a re- EC–3388. A communication from the Acting court. port relative to transactions involving U.S. Director, Office of Sustainable Fisheries, De- Although he officially retired last exports to Ethiopia; to the Committee on partment of Commerce, transmitting, pursu- year, his commitment to hard work Banking, Housing, and Urban Affairs. ant to law, the report of a rule entitled EC–3380. A communication from the Acting ‘‘Fisheries of the Exclusive Economic Zone continues and Judge Greene currently Director, Office of Sustainable Fisheries, De- serves as a senior judge on the Court of Off Alaska; Northern Rockfish, Pacific partment of Commerce, transmitting, pursu- Ocean Perch, and Pelagic Shelf Rockfish for Appeals for Veterans Claims. Judge ant to law, the report of a rule entitled Vessels Participating in the Rockfish Entry William P. Greene, Jr., is a soldier, a ‘‘Fisheries of the Exclusive Economic Zone Level Fishery’’ (RIN0648–XA678) received in jurist, and an American to be re- Off Alaska; Pollock in Statistical Area 630 in the Office of the President of the Senate on spected, and I am proud to recognize the Gulf of Alaska’’ (RIN0648–XA659) received September 22, 2011; to the Committee on and honor his service today.∑ in the Office of the President of the Senate Commerce, Science, and Transportation. on September 22, 2011; to the Committee on EC–3389. A communication from the Assist- Commerce, Science, and Transportation. ant Administrator for Fisheries, Office of f EC–3381. A communication from the Acting Sustainable Fisheries, Department of Com- Director, Office of Sustainable Fisheries, De- merce, transmitting, pursuant to law, the re- MESSAGES FROM THE PRESIDENT partment of Commerce, transmitting, pursu- port of a rule entitled ‘‘Atlantic Highly Mi- ant to law, the report of a rule entitled gratory Species; Atlantic Shark Manage- Messages from the President of the ‘‘Fisheries of the Northeastern United ment Measures’’ (RIN0648–BA69) received in United States were communicated to States; Northeast Multispecies Fishery; Trip the Office of the President of the Senate on the Senate by Mr. Pate, one of his sec- Limit Decrease for the Common Pool Fish- September 22, 2011; to the Committee on retaries. ery’’ (RIN0648–XA652) received in the Office Commerce, Science, and Transportation.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5945 EC–3390. A communication from the Dep- S. 1624. A bill to provide for the economical By Mr. SESSIONS (for himself, Mr. uty Assistant Administrator for Operations, production of various United States coins; to CARDIN, Mr. INHOFE, Mr. WICKER, Mr. National Marine Fisheries Service, Depart- the Committee on Banking, Housing, and BROWN of Massachusetts, Mr. KERRY, ment of Commerce, transmitting, pursuant Urban Affairs. Mr. SHELBY, Mr. CRAPO, Mr. JOHNSON to law, the report of a rule entitled ‘‘Fish- By Mr. MCCAIN: of South Dakota, Mr. LEE, Mr. eries of the Northeastern United States; At- S. 1625. A bill to restore the financial sol- CHAMBLISS, Mr. AKAKA, Mrs. BOXER, lantic Herring Fishery; Regulatory Amend- vency of the United States Postal Service Mr. KIRK, Mr. WYDEN, Mr. JOHANNS, ment’’ (RIN0648–BA79) received in the Office and to ensure the efficient and affordable na- and Mr. BLUNT): of the President of the Senate on September tionwide delivery of mail; to the Committee S. Res. 278. A resolution designating Sep- 22, 2011; to the Committee on Commerce, on Homeland Security and Governmental Af- tember 2011 as ‘‘National Prostate Cancer Science, and Transportation. fairs. Awareness Month’’; considered and agreed EC–3391. A communication from the Dep- By Mr. BROWN of Ohio (for himself, to. uty Assistant Administrator for Operations, Mr. THUNE, Mr. DURBIN, and Mr. By Mrs. GILLIBRAND (for herself and National Marine Fisheries Service, Depart- LUGAR): Ms. AYOTTE): ment of Commerce, transmitting, pursuant S. 1626. A bill to amend the Food, Con- S. Res. 279. A resolution expressing support to law, the report of a rule entitled ‘‘Fish- servation, and Energy Act of 2008 to reform for the designation of September 24, 2011, as eries of the Northeastern United States; agricultural programs by establishing the ‘‘Worldwide Day of Play’’; considered and Summer Flounder, Scup, and Black Sea Bass aggregate risk and revenue management pro- agreed to. Fisheries; 2011 Summer Flounder, Scup, and gram; to the Committee on Agriculture, Nu- By Mr. MENENDEZ (for himself, Mr. trition, and Forestry. Black Sea Bass Specifications; Correction’’ CORNYN, Mr. REID, Mr. UDALL of New By Mr. NELSON of Florida (for him- (RIN0648–XY82) received in the Office of the Mexico, Mr. UDALL of Colorado, Mr. self, Mr. SCHUMER, and Mr. REID): President of the Senate on September 22, BEGICH, Mr. REED, Mrs. MURRAY, Mrs. S. 1627. A bill to amend title XVIII of the 2011; to the Committee on Commerce, BOXER, Mr. BINGAMAN, Mr. NELSON of Social Security Act to provide for the dis- Science, and Transportation. Florida, Mr. COONS, Mrs. GILLIBRAND, tribution of additional residency positions, EC–3392. A communication from the Senior and Mrs. HUTCHISON): and for other purposes; to the Committee on Program Analyst, Federal Aviation Adminis- S. Res. 280. A resolution designating the Finance. tration, Department of Transportation, week beginning September 19, 2011, as ‘‘Na- By Mr. AKAKA (for himself, Mr. CAR- transmitting, pursuant to law, the report of tional Hispanic-Serving Institutions Week’’ a rule entitled ‘‘Amendment of Class E Air- PER, Mr. CARDIN, and Mr. COONS): S. 1628. A bill to provide for improvements and recognizing the achievements of the His- space; Clemson, SC’’ ((RIN2120–AA66)( Dock- panic Association of Colleges and Univer- et No. FAA–2011–0394)) received in the Office in the Federal hiring process, and for other purposes; to the Committee on Homeland Se- sities; considered and agreed to. of the President of the Senate on September By Mr. WHITEHOUSE (for himself, Mr. 21, 2011; to the Committee on Commerce, curity and Governmental Affairs. By Mrs. GILLIBRAND (for herself and BROWN of Massachusetts, Mr. AKAKA, Science, and Transportation. Mr. BLUMENTHAL, Mrs. BOXER, Mr. EC–3393. A communication from the Senior Mr. GRAHAM): CARDIN, Ms. COLLINS, Mrs. Program Analyst, Federal Aviation Adminis- S. 1629. A bill to amend title 38, United GILLIBRAND, Mr. KERRY, Ms. tration, Department of Transportation, States Code, to clarify presumptions relating LANDRIEU, Mr. LIEBERMAN, Mr. transmitting, pursuant to law, the report of to the exposure of certain veterans who MERKLEY, Ms. MIKULSKI, Mrs. MUR- a rule entitled ‘‘Airworthiness Directives; served in the vicinity of the Republic of RAY, Mr. REED, Ms. SNOWE, Mr. WAR- Eurocopter France (ECF) Model EC120B Heli- Vietnam, and for other purposes; to the Com- NER, Mr. WEBB, and Mr. WYDEN): copters’’ ((RIN2120–AA64) (Docket No. FAA– mittee on Veterans’ Affairs. S. Res. 281. A resolution designating Sep- 2011–0859)) received in the Office of the Presi- By Ms. LANDRIEU (for herself and Mr. tember 24, 2011, as ‘‘National Estuaries Day’’; dent of the Senate on September 19, 2011; to COCHRAN): S. 1630. A bill to amend the Robert T. Staf- considered and agreed to. the Committee on Commerce, Science, and ford Disaster Relief and Emergency Assist- By Mr. REID (for himself and Mr. Transportation. MCCONNELL): EC–3394. A communication from the Chief ance Act to allow for a more effective recov- S. Res. 282. A resolution to authorize testi- of Staff, Media Bureau, Federal Communica- ery from disasters, and for other purposes; to mony in Kanelos v. County of Mohave, et al. tions Commission, transmitting, pursuant to the Committee on Homeland Security and Governmental Affairs. and Zanna, et al. v. Mohave County, et al; law, the report of a rule entitled ‘‘In the By Mr. TESTER (for himself and Mr. considered and agreed to. Matter of Amendment of Parts 1, 73 and 76 of BEGICH): By Mr. NELSON of Florida (for him- the Commission’s Rules Regarding Practice S. 1631. A bill to authorize the establish- self, Ms. STABENOW, Mr. BROWN of and Procedure: Broadcast Applications and ment in the Department of Veterans Affairs Ohio, Mrs. HUTCHISON, Mr. VITTER, Proceedings; Radio Broadcast Services: Fair- of a center for technical assistance for non- Mr. AKAKA, Mr. PRYOR, Mr. ness Doctrine and Digital Broadcast Tele- Department health care providers who fur- LIEBERMAN, and Mr. DURBIN): vision Redistribution Control; Multichannel nish care to veterans in rural areas, and for S. Con. Res. 29. A concurrent resolution au- Video and Cable Television Service: Fairness other purposes; to the Committee on Vet- thorizing the use of the rotunda of the Doctrine, Personal Attacks, Political Edi- erans’ Affairs. United States Capitol for an event to present torials and Complaints Regarding Cable Pro- By Mr. MENENDEZ (for himself, Mr. the Congressional Gold Medal, collectively, gramming Service Rates’’ (DA 11–1432) re- SCHUMER, Mr. LEAHY, and Mr. to Neil A. Armstrong, Edwin E. ‘‘Buzz’’ ceived in the Office of the President of the CARDIN): Aldrin, Jr., Michael Collins, and John Her- Senate on September 22, 2011; to the Com- S. 1632. A bill to amend the Internal Rev- schel Glenn, Jr., in recognition of their sig- mittee on Commerce, Science, and Transpor- enue Code of 1986 to provide a look back rule nificant contributions to society; considered tation. in the case of federally declared disasters for and agreed to. f determining earned income for purposes of the child tax credit and the earned income f INTRODUCTION OF BILLS AND credit, and for other purposes; to the Com- JOINT RESOLUTIONS mittee on Finance. ADDITIONAL COSPONSORS The following bills and joint resolu- f S. 170 tions were introduced, read the first At the request of Mrs. BOXER, the SUBMISSION OF CONCURRENT AND and second times by unanimous con- name of the Senator from Rhode Island SENATE RESOLUTIONS sent, and referred as indicated: (Mr. WHITEHOUSE) was added as a co- By Mr. HELLER (for himself, Mr. The following concurrent resolutions sponsor of S. 170, a bill to provide for CORNYN, Mr. COBURN, and Mr. KYL): and Senate resolutions were read, and the affordable refinancing of mortgages S. 1622. A bill to recognize Jerusalem as referred (or acted upon), as indicated: held by Fannie Mae and Freddie Mac. the capital of Israel, to relocate to Jeru- URR By Mr. CARDIN (for himself, Mr. B , S. 431 salem the United States Embassy in Israel, and Mr. MENENDEZ): and for other purposes; to the Committee on S. Res. 276. A resolution expressing support At the request of Mr. PRYOR, the Foreign Relations. for the goals and ideals of National Infant name of the Senator from Missouri By Mr. CASEY (for himself, Mr. SCHU- Mortality Awareness Month of 2011; consid- (Mrs. MCCASKILL) was added as a co- MER, and Mrs. SHAHEEN): ered and agreed to. sponsor of S. 431, a bill to require the S. 1623. A bill to provide a processing ex- By Mr. FRANKEN (for himself, Mr. Secretary of the Treasury to mint tension for emergency mortgage relief pay- LUGAR, Mr. AKAKA, Mr. BAUCUS, Mr. coins in commemoration of the 225th ments, and for other purposes; to the Com- BEGICH, Mr. CARDIN, Mrs. MURRAY, anniversary of the establishment of the mittee on Banking, Housing, and Urban Af- Mr. WARNER, and Mrs. FEINSTEIN): fairs. S. Res. 277. A resolution recognizing the Nation’s first Federal law enforcement By Mr. BROWN of Massachusetts (for month of October 2011 as ‘‘National Prin- agency, the United States Marshals himself and Mr. KERRY): cipals Month’’; considered and agreed to. Service.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5946 CONGRESSIONAL RECORD — SENATE September 23, 2011 S. 968 protocol and guidelines, the establish- LEE) were added as cosponsors of S. At the request of Mr. LEAHY, the ment of victims advocates, the estab- 1595, a bill to prohibit funding for the name of the Senator from Florida (Mr. lishment of a Sexual Assault Advisory United Nations in the event the United NELSON) was added as a cosponsor of S. Council, and for other purposes. Nations grants Palestine a change in 968, a bill to prevent online threats to S. 1369 status from a permanent observer enti- economic creativity and theft of intel- At the request of Mr. CRAPO, the ty before a comprehensive peace agree- lectual property, and for other pur- name of the Senator from Wisconsin ment has been reached with Israel. poses. (Mr. JOHNSON) was added as a cosponsor S. 1597 S. 996 of S. 1369, a bill to amend the Federal At the request of Mr. BROWN of Ohio, At the request of Mr. ROCKEFELLER, Water Pollution Control Act to exempt the name of the Senator from Oregon the name of the Senator from Lou- the conduct of silvicultural activities (Mr. WYDEN) was added as a cosponsor isiana (Ms. LANDRIEU) was added as a from national pollutant discharge of S. 1597, a bill to provide assistance cosponsor of S. 996, a bill to amend the elimination system permitting require- for the modernization, renovation, and Internal Revenue Code of 1986 to extend ments. repair of elementary school and sec- the new markets tax credit through S. 1392 ondary school buildings in public 2016, and for other purposes. At the request of Ms. COLLINS, the school districts and community col- S. 1025 name of the Senator from Utah (Mr. leges across the United States in order At the request of Mr. LEAHY, the HATCH) was added as a cosponsor of S. to support the achievement of im- name of the Senator from Virginia (Mr. 1392, a bill to provide additional time proved educational outcomes in those WARNER) was added as a cosponsor of S. for the Administrator of the Environ- schools, and for other purposes. 1025, a bill to amend title 10, United mental Protection Agency to issue S. 1606 States Code, to enhance the national achievable standards for industrial, At the request of Mr. PORTMAN, the defense through empowerment of the commercial, and institutional boilers, names of the Senator from Missouri National Guard, enhancement of the process heaters, and incinerators, and (Mr. BLUNT) and the Senator from functions of the National Guard Bu- for other purposes. Texas (Mr. CORNYN) were added as co- reau, and improvement of Federal- S. 1421 sponsors of S. 1606, a bill to reform the State military coordination in domes- At the request of Mr. PORTMAN, the process by which Federal agencies ana- tic emergency response, and for other names of the Senator from North Da- lyze and formulate new regulations and purposes. kota (Mr. CONRAD), the Senator from guidance documents. S. 1048 Oregon (Mr. WYDEN), the Senator from S. 1616 At the request of Mr. MENENDEZ, the Hawaii (Mr. AKAKA) and the Senator At the request of Mr. MENENDEZ, the name of the Senator from Colorado from Oregon (Mr. MERKLEY) were added name of the Senator from New York (Mr. BENNET) was added as a cosponsor as cosponsors of S. 1421, a bill to au- (Mr. SCHUMER) was added as a cospon- of S. 1048, a bill to expand sanctions thorize the Peace Corps Commemora- sor of S. 1616, a bill to amend the Inter- imposed with respect to the Islamic tive Foundation to establish a com- nal Revenue Code of 1986 to exempt cer- Republic of Iran, North Korea, and memorative work in the District of Co- tain stock of real estate investment Syria, and for other purposes. lumbia and its environs, and for other trusts from the tax on foreign invest- S. 1094 purposes. ments in United States real property At the request of Mr. MENENDEZ, the S. 1551 interests, and for other purposes. name of the Senator from Missouri At the request of Mr. KIRK, the name S. RES. 232 (Mr. BLUNT) was added as a cosponsor of the Senator from Tennessee (Mr. At the request of Mr. JOHANNS, his of S. 1094, a bill to reauthorize the CORKER) was added as a cosponsor of S. name was added as a cosponsor of S. Combating Autism Act of 2006 (Public 1551, a bill to establish a smart card Res. 232, a resolution recognizing the Law 109–416). pilot program under the Medicare pro- continued persecution of Falun Gong S. 1133 gram. practitioners in China on the 12th anni- At the request of Mr. WYDEN, the S. 1584 versary of the campaign by the Chinese name of the Senator from North Caro- At the request of Mr. BENNET, the Communist Party to suppress the lina (Mr. BURR) was added as a cospon- name of the Senator from Connecticut Falun Gong movement, recognizing the sor of S. 1133, a bill to prevent the eva- (Mr. BLUMENTHAL) was added as a co- Tuidang movement whereby Chinese sion of antidumping and countervailing sponsor of S. 1584, a bill to provide for citizens renounce their ties to the Chi- duty orders, and for other purposes. additional quality control of drugs. nese Communist Party and its affili- S. 1203 S. 1585 ates, and calling for an immediate end At the request of Ms. SNOWE, the At the request of Mrs. BOXER, the to the campaign to persecute Falun name of the Senator from Georgia (Mr. name of the Senator from New Jersey Gong practitioners. CHAMBLISS) was added as a cosponsor of (Mr. MENENDEZ) was added as a cospon- S. RES. 241 S. 1203, a bill to amend title XVIII of sor of S. 1585, a bill to prohibit the ap- At the request of Mr. MENENDEZ, the the Social Security Act to provide for plication of certain restrictive eligi- name of the Senator from Vermont the coverage of home infusion therapy bility requirements to foreign non- (Mr. SANDERS) was added as a cospon- under the Medicare Program. governmental organizations with re- sor of S. Res. 241, a resolution express- S. 1211 spect to the provision of assistance ing support for the designation of No- At the request of Mrs. FEINSTEIN, the under part I of the Foreign Assistance vember 16, 2011, as National Informa- name of the Senator from Oregon (Mr. Act of 1961. tion and Referral Services Day. MERKLEY) was added as a cosponsor of S. 1588 S. RES. 251 S. 1211, a bill to amend the Federal At the request of Mr. WEBB, the At the request of Mr. CARPER, the Food, Drug, and Cosmetic Act to pre- names of the Senator from South Da- name of the Senator from Oregon (Mr. serve the effectiveness of medically im- kota (Mr. THUNE) and the Senator from WYDEN) was added as a cosponsor of S. portant antibiotics used in the treat- Nevada (Mr. HELLER) were added as co- Res. 251, a resolution expressing sup- ment of human and animal diseases. sponsors of S. 1588, a bill to protect the port for improvement in the collection, S. 1280 right of individuals to bear arms at processing, and consumption of recy- At the request of Mr. ISAKSON, the water resources development projects clable materials throughout the United name of the Senator from New York administered by the Secretary of the States. (Mr. SCHUMER) was added as a cospon- Army, and for other purposes. S. RES. 253 sor of S. 1280, a bill to amend the Peace S. 1595 At the request of Mr. HOEVEN, the Corps Act to require sexual assault At the request of Mr. HATCH, the name of the Senator from Missouri risk-reduction and response training, names of the Senator from Idaho (Mr. (Mr. BLUNT) was added as a cosponsor and the development of sexual assault CRAPO) and the Senator from Utah (Mr. of S. Res. 253, a resolution designating

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5947 October 26, 2011, as ‘‘Day of the De- Congress, however, continues to put up In the past, many agencies have tried ployed’’. political road blocks that prevent these to find exceptions to the competitive f closings and consolidations. This pro- hiring process, rather than making posal will take the politics out of the sure the competitive process works. STATEMENTS ON INTRODUCED process and allow the USPS to right- The competitive hiring process should BILLS AND JOINT RESOLUTIONS size its operations. be our most effective tool to ensure Mr. MCCAIN: Other provisions in the bill would re- that the Federal workforce is composed S. 1625. A bill to restore the financial quire arbitrators to take into account of the most qualified and able individ- solvency of the United States Postal the financial health of the Postal Serv- uals, who are appointed through a fair Service and to ensure the efficient and ice if labor contracts move to arbitra- and open process that is free from po- affordable nationwide delivery of mail; tion. It would also exempt USPS from litical interference. As agencies face to the Committee on Homeland Secu- the Davis-Bacon Act, the Service Con- budget reductions and restricted hir- rity and Governmental Affairs. tract Act, and other wage rules that in- ing, it is critical that they are able to Mr. MCCAIN. Mr. President, today I crease USPS contracting costs. attract top-notch candidates who are rise to introduce the Postal Reform The bill would require certain types up to the challenge of meeting agency Act of 2011, which will restore the fi- of mail that Postal Service loses missions with limited resources. We nancial health and long-term viability money on to cover their cost. In Fiscal must strengthen the competitive hir- of the United States Postal Service, year 2010, USPS lost nearly $1.7 billion ing process so that agencies do not USPS. This bill is the companion to on these type of ‘‘underwater’’ postal look for ways to avoid it. the bill Representative ISSA introduced products that failed to cover their As Chairman of the Subcommittee on in the House of Representatives in costs. For example, the Periodicals Oversight of Government Management, June of this year. I would like to thank class of mail, which includes news- the Federal Workforce, and the Dis- him for his leadership on this impor- papers and magazines, has not covered trict of Columbia, I have held multiple tant issue. its costs for 14 consecutive years, gen- hearings on the hiring process and According to the USPS, by 2020, they erating total losses of $4.3 billion over worked closely with the administration are expecting to face up to a $238 bil- that period. on its reform efforts. While the admin- lion shortfall. Even with dramatic cost The bill also contains common sense istration has been making some good savings of $12 billion and workforce re- language that would mandate that progress, we still hear stories of tal- duction of 110,000 postal employees in USPS employees pay the same health ented individuals who seek employ- the past four years, the Postal Service and life insurance premium percentage ment with the Federal Government, is expected to end this fiscal year with as other Federal workers. This is esti- only to grow frustrated with the ar- a $10 billion loss. mated to save the Postal Service $700 chaic hiring process and find work else- First-Class mail, which makes up million annually. where. more than half of the Postal Service Finally, this bill will allow the Post- Applying for a job in the Federal revenues, continues to fall at alarming al Service to move to 5–day delivery, at Government should be accessible and rates and shows no signs of ever recov- a savings of anywhere from $1.7 to $3.1 straightforward. Agencies still require ering. This combined with 80 percent billion annually. too much information upfront from labor costs and labor contracts that We can no longer choose to support candidates instead of an approach that contain ‘‘no-layoff’ clauses points to temporary fixes to the Postal Service. requires more information as the em- the fact that the Postal Service is bro- If we continue to act in this irrespon- ployee moves through the process. The ken. sible way, the American taxpayer will Federal Hiring Process Improvement Congress can no longer enact tem- be the one that ultimately suffers in Act will require agencies to streamline porary fixes that avert financial crisis the form of higher postage prices and their hiring practices. Agencies will be for only a brief period. Congress, the taxpayer bailouts. We must make hard required to stop using the dreaded Postal Service, labor unions, and the choices now so future generations of ‘‘knowledge, skills, and ability’’ essays mailing community must be willing to Americans will have a viable Postal and accept resumes and cover letters, lay everything on the table and make Service. as is standard in the private sector. Ad- hard choices now to save the Postal ditionally, the bill requires job post- Service for the future. I believe the By Mr. AKAKA (for himself, Mr. ings to be written in plain writing, so Postal Reform Act of 2011 will do just CARPER, Mr. CARDIN, and Mr. that candidates can readily understand that. COONS): what the job is and how to apply, and Two key provisions in this bill alone S. 1628. A bill to provide for improve- candidates would be notified of their would save the Postal Service billions ments in the Federal hiring process, status at key points in the process. of dollars annually. First, the bill and for other purposes; to the Com- Agencies will have to speed their hiring would create a Postal Service Finan- mittee on Homeland Security and Gov- processes to average no more than 80 cial Responsibility and Management ernmental Affairs. days. Assistance Authority, which is mod- Mr. AKAKA. Mr. President, today, Agencies need to continuously reas- eled after the District of Columbia con- along with Senators CARPER, CARDIN, sess their needs and strategies in order trol board Congress created to address and COONS, I am introducing the Fed- to maximize their recruitment and hir- the fiscal crises the city was facing in eral Hiring Process Improvement Act ing efforts. This bill requires agencies the mid 1990s. This authority, triggered of 2011. This bill will help agencies fix to develop strategic workforce plans by a USPS default on its Federal obli- the broken recruitment and hiring that include hiring projections and gations, would replace the Postal process in the Federal Government. I identify critical skills gaps. It also re- Board of Governors with mandates to am pleased that Representative SAR- quires agencies to measure the effec- cut costs, and put the USPS back on BANES is also introducing a companion tiveness of hiring efforts and reforms. the path to financial solvency. bill in the House today and I thank The Federal Government is the larg- The second key provision would cre- him for his work and his commitment est employer in the United States, and ate a Commission on Postal Reorga- to the Federal workforce. Federal service is a noble profession. nization that would use a BRAC like Every day, talented people interested Within the next 5 years, the Federal process to consolidate and close post in working for their government are Government is expected to face one of offices and mail processing facilities. turned away from Federal service be- the largest retirement waves in the Na- According to the Postal Service the cause of the frustrating and antiquated tion’s history, making the development ‘‘current mail processing network has hiring process. Too many Federal agen- of a new generation of workers even a capacity of over 250 billion pieces of cies have built barriers for new work- more vital. Agency leadership must mail per year when mail volume is now ers, done too little to recruit the right make reforming the recruitment and 160 billion pieces of mail. Right-sizing candidates, and invented an evaluation hiring process a top priority. I urge my the network is vital to the future of process that discourages qualified can- colleagues to support this important the Postal Service and its customers.’’ didates. bill.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5948 CONGRESSIONAL RECORD — SENATE September 23, 2011 Mr. President, I ask unanimous con- grounds before posting announcements of va- (2) NOTIFICATION.—A timely notification to sent that the text of the bill be printed cant positions; an applicant under this subsection shall be in the RECORD. (2) seek to develop relationships with tar- made upon— There being no objection, the text of geted and diverse applicant pools to encour- (A) receipt of an application by the em- age applications for high-quality applicants; ploying agency; the bill was ordered to be printed in and (B) determination of the qualification of the RECORD, as follows: (3) post announcements of vacant positions the applicant for the position; S. 1628 for a reasonable period of time. (C) referral to the selecting official, or Be it enacted by the Senate and House of Rep- (b) PUBLIC NOTICE REQUIREMENTS.—The re- when a decision is made not to refer the ap- resentatives of the United States of America in quirements of subsection (a) shall not super- plicant; and Congress assembled, sede public notice requirements. (D) selection of an applicant. (c) PLAIN WRITING REQUIREMENT.— SECTION 1. SHORT TITLE. (3) APPLICANTS NOT SELECTED.—The agency This Act may be cited as the ‘‘Federal Hir- (1) DEFINITION.—In this subsection, the shall notify any applicant who is not offered term ‘‘plain writing’’ has the meaning given ing Process Improvement Act of 2011’’. employment that the applicable position is under section 3 of the Plain Writing Act of not open, not later than 10 business days SEC. 2. DEFINITION. 2010 (5 U.S.C. 301 note). after the date on which— In this Act, the term ‘‘agency’’— (2) REQUIREMENT.—All Federal announce- (A) the selected candidate has accepted an (1) means an Executive agency as defined ments of vacant positions for competitive offer of employment; or under section 105 of title 5, United States positions shall be written in plain writing in (B) the announcement of the vacant posi- Code; and accordance with the Plain Writing Act of tion has been cancelled. (2) shall not include the Government Ac- 2010 (5 U.S.C. 301 note). SEC. 6. AGENCY HIRING PROCEDURES. countability Office. (d) CONTACT INFORMATION.—Announce- (a) ELIMINATION OF THE RULE OF THREE; SEC. 3. STRATEGIC WORKFORCE PLAN. ments of vacant positions shall include con- MULTIPLE SELECTIONS FROM ONE CERTIFI- (a) IN GENERAL.— tact information for applicants to seek fur- CATE.— (1) DEVELOPMENT OF PLAN.—Not later than ther information. (1) IN GENERAL.—Chapter 33 of title 5, 180 days after the date of enactment of this SEC. 5. APPLICATION PROCESS AND NOTIFICA- United States Code, is amended by striking Act and in every subsequent year, the head TION REQUIREMENTS. section 3317 and inserting the following: of each agency, in consultation with the Of- (a) APPLICATION PROCESS.—Not later than ‘‘§ 3317. Competitive service; certification and fice of Personnel Management and the Office 180 days after the date of enactment of this selection using numerical ratings of Management and Budget, shall develop a Act and in consultation with the Office of strategic workforce plan as part of the agen- Personnel Management and the Office of ‘‘(a) CERTIFICATIONS.—The Office of Per- sonnel Management, or an agency to which cy performance plan required under section Management and Budget, the head of each the Office has delegated examining authority 1115 of title 31, United States Code, to in- agency shall ensure that processes are imple- under section 1104(a)(2), shall certify a suffi- clude— mented to— cient number of names from the top of the (A) hiring projections, including occupa- (1) ensure that positions that are on the appropriate register or list of eligibles for an announcements of vacant positions are open tion and grade level; appointing authority who has requested a for a reasonable period of time as determined (B) long-term and short-term strategic certificate of eligibles to consider when fill- by the head of the agency to allow applicants human capital planning to address critical ing a position in the competitive service. skills deficiencies; from diverse backgrounds time to submit an ‘‘(b) SELECTIONS.— (C) recruitment strategies to attract high- application; ‘‘(1) IN GENERAL.—An appointing authority ly qualified candidates from diverse back- (2) allow applicants to submit a cover let- shall select for appointment from the eligi- grounds; ter, resume, and answers to brief questions, bles available for appointment on the certifi- (D) streamlining the hiring process to con- such as questions relating to United States cate provided under subsection (a), unless ob- form with the provisions in this Act; and citizenship and veterans status, to complete jection to 1 or more of the individuals cer- (E) a specific analysis of the contractor an initial application; tified is made to, and sustained by, the Office workforce, whether the balance between (3) not require lengthy writing require- of Personnel Management or the relevant work being performed by the Federal work- ments such as knowledge, skills, and ability agency for proper and adequate reason. force and the contractor workforce should be essays as part of an initial application; ‘‘(2) OTHER APPOINTING AUTHORITIES.—Not adjusted, and the capacity of the agency to (4) allow applicants to submit application later than 240 days after the date of issuance manage employees who are not Federal em- materials in a variety of formats, including of a certificate under subsection (a), other ployees and are doing the work of the Gov- word processing documents and portable doc- appointing authorities may select from that ernment. ument format; certificate for similar positions in the same (2) INCLUSION IN PERFORMANCE PLAN.—Sec- (5) not require any applicant to provide a occupational series and at the same grade tion 1115(a) of title 31, United States Code, is social security number or any other personal level without any additional posting under amended— identifying information unnecessary for the section 3327. (A) in paragraph (5), by striking ‘‘and’’ initial review of an applicant for a position; ‘‘(c) PREFERENCE ELIGIBLES.— after the semicolon; (6) not require the submission of additional ‘‘(1) PASS OVERS.— (B) in paragraph (6), by striking the period material in support of an application, such ‘‘(A) IN GENERAL.—If an appointing author- and inserting ‘‘; and’’; and as educational transcript, proof of veterans ity proposes to pass over a preference eligi- (C) by adding at the end the following: status, and professional certifications, unless ble on a certificate in order to select an indi- ‘‘(7) include the strategic workforce plan necessary to complete the hiring process; vidual who is not a preference eligible, that developed under section 3 of the Federal Hir- (7) provide for a valid, position-related as- appointing authority shall submit a state- ing Process Improvement Act of 2011.’’. sessment process to help identify the best ment of reasons to the Office of Personnel (b) HIRING PROJECTIONS.—Agencies shall candidates for the position to be filled and Management for passing over the preference make hiring projections made under stra- which does not place an unreasonable burden eligible. tegic workforce plans available to the public, upon applicants; ‘‘(B) REASONS FOR PASS OVERS.— including on agency websites. (8) ensure that applicants are given a rea- ‘‘(i) RECORD.—The Office shall make the (c) SUBMISSION TO THE OFFICE OF PER- sonable amount of time after the closing reasons submitted by the appointing author- SONNEL MANAGEMENT.—Each agency stra- date of the announcement of a vacant posi- ity part of the record of the preference eligi- tegic workforce plan shall be submitted to tion to provide additional necessary infor- ble and may require the submission of more the Office of Personnel Management. mation; and detailed information from the appointing au- (d) GOVERNMENTWIDE STRATEGIC WORK- (9) include the hiring manager in all parts thority in support of the passing over of the FORCE PLAN.—Based on the agency plans sub- of the hiring process, including— preference eligible. mitted under subsection (a), the Office of (A) targeted recruitment; ‘‘(ii) REVIEW.—The Office shall— Personnel Management shall— (B) drafting the announcement of the va- ‘‘(I) review the reasons submitted by the (1) develop a governmentwide strategic cant position; appointing authority; and workforce plan updated at least annually to (C) review of the initial applications; ‘‘(II) determine the sufficiency or insuffi- include the contents described under sub- (D) interviewing the applicants; and ciency of the reasons, taking into account section (a)(1) on a governmentwide basis; and (E) the final decisionmaking process. any response received by the Office from the (2) make such plan available to the Presi- (b) NOTIFICATION REQUIREMENTS.— preference eligible based on the reasons dent, Congress, and the public. (1) IN GENERAL.—In consultation with the made available under or paragraph (3). SEC. 4. FEDERAL ANNOUNCEMENTS OF VACANT Chief Human Capital Officers Council, the ‘‘(C) FINDINGS.—After the Office has com- POSITIONS. head of each agency shall ensure there are pleted the review under subparagraph (B) of (a) TARGETED ANNOUNCEMENTS.—In con- mechanisms under which each applicant for the proposed passover, the Office shall send sultation with the Chief Human Capital Offi- a vacant position shall receive timely notifi- its findings to the appointing authority and cers Council, the head of each agency shall— cation of the status of each application or to the preference eligible. The appointing au- (1) take steps necessary to identify highly provide the applicant the ability to check on thority shall comply with the findings of the qualified applicant pools with diverse back- the status of each application. Office.

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‘‘(2) PREFERENCE ELIGIBLES.—In the case of other appointing authorities may select from ‘‘ø3318. Repealed.¿ a preference eligible not described under that certificate for similar positions in the ‘‘3319. Competitive service; selection using paragraph (3)(A), upon the request of that same occupational series and at the same category rating. preference eligible (or the representative of grade level in accordance with subsection (c) ‘‘3320. Excepted service; government of the that preference eligible) the Office of Per- without any additional posting under section District of Columbia; selection. sonnel Management shall provide a copy of— 3327.’’. ‘‘3321. Competitive service; probationary pe- ‘‘(A) the reasons for the proposed pass over (4) EXCEPTED SERVICE; GOVERNMENT OF THE riod. submitted by the appointing authority under DISTRICT OF COLUMBIA; SELECTION.—Section ‘‘ø3322. Repealed.¿ paragraph (1)(A); and 3320 of title 5, United States Code, is amend- ‘‘3323. Automatic separations; reappoint- ‘‘(B) the findings of the Office under para- ed by striking ‘‘sections 3308-3318’’ and in- ment; reemployment of annu- graph (1)(C). serting ‘‘sections 3308 through 3319’’. itants. ‘‘(3) PREFERENCE ELIGIBLES WITH CERTAIN (b) REPORTING AND POSTING EMPLOYMENT ‘‘3324. Appointments to positions classified DISABILITIES.— OPPORTUNITIES.— above GS–15. ‘‘(A) NOTIFICATIONS.—In the case of a pref- (1) GOVERNMENTWIDE LIST OF VACANT POSI- ‘‘3325. Appointments to scientific and profes- erence eligible described under section TIONS.—Section 3330 of title 5, United States sional positions. 2108(3)(C) who has a compensable service- Code, is repealed. ‘‘3326. Appointments of retired members of connected disability of 30 percent or more, (2) CIVIL SERVICE POSITIONS LIST.—Chapter the armed forces to positions in the appointing authority shall provide noti- 33 of title 5, United States Code, is amended the Department of Defense. fication to the preference eligible of— by striking section 3327 and inserting the fol- ‘‘3327. Civil service positions list. ‘‘(i) the proposed pass over; lowing: ‘‘3328. Selective Service registration. ‘‘(ii) the reasons for the proposed pass over; ‘‘§ 3327. Civil service positions list ‘‘3329. Appointments of military reserve and ‘‘(a) DEFINITIONS.—In this section— technicians to positions in the ‘‘(iii) the right of the preference eligible to ‘‘(1) the term ‘agency’— competitive service. respond to those reasons to the Office of Per- ‘‘(A) means an Executive agency as defined ‘‘ø3330. Repealed.¿’’. sonnel Management or the relevant agency under section 105; and SEC. 7. TRAINING. not later than 15 days after the date of the ‘‘(B) includes the Government Printing Of- Not later than 120 days after the date of receipt of the notification. fice; and enactment of this Act— ‘‘(B) TIMING OF NOTIFICATIONS.—The ap- ‘‘(2) the term ‘covered position’ means a (1) in consultation with the Chief Human pointing authority shall provide notification position— Capital Officers Council, the Office of Per- to the preference eligible under subpara- ‘‘(A) in the competitive service (other than sonnel Management shall develop and notify graph (A) at the same time the appointing a position established for a period not ex- agencies of a training program for human re- authority provides notification to the Office ceeding 18 months); or sources professionals to implement the re- of Personnel Management under paragraph ‘‘(B) a position in the Senior Executive quirements of this Act; and (1). Service. (2) each agency shall develop and submit to ‘‘(C) DEMONSTRATION OF NOTIFICATIONS.— ‘‘(b) VACANT COVERED POSITIONS.—Subject the Office of Personnel Management a plan Before completing the review under para- to regulations prescribed under subsection to implement the training program. graph (1) with respect to a preference eligible (e), each agency shall promptly provide noti- described under section 2108(3)(C) who has a SEC. 8. REDUCTION IN THE LENGTH OF THE HIR- fication to the Office of Personnel Manage- ING PROCESS. compensable service-connected disability of ment of vacant covered positions in the (a) AGENCY PLANS.—Unless the Office of 30 percent or more, the Office shall require a agency for which the agency seeks applica- Personnel Management certifies an agency demonstration by the appointing authority tions from individuals who are not employ- already has a plan in effect, the head of each that a timely notification under subpara- ees of that agency. agency shall develop a plan to reduce the graph (A) was sent to the last known address ‘‘(c) LIST.— length of the hiring process, which shall in- of the preference eligible. ‘‘(1) ESTABLISHMENT AND MAINTENANCE.— ‘‘(4) NONDELEGATION OF FUNCTIONS.—In the The Office of Personnel Management shall clude an analysis of the current hiring proc- case of a preference eligible described under establish and maintain a comprehensive list ess performed in accordance with standards paragraph (3), the functions of the Office of of vacant positions within each agency for established by the Office of Personnel Man- Personnel Management under this sub- which applications are currently being ac- agement. section may not be delegated. cepted or will soon be accepted. (b) REQUIREMENTS.—To the extent prac- tical, each agency shall fill identified vacan- ‘‘(d) REEMPLOYMENT.—If the names of pref- ‘‘(2) CONTENTS AND AVAILABILITY.—The list erence eligibles are on a reemployment list established and maintained under this sub- cies not later than an average of 80 calendar appropriate for the position to be filled, a section shall— days after the date of identification of the nominating or appointing authority may ap- ‘‘(A) include— vacancy. point from a register of eligibles established ‘‘(i) a brief description of each position, in- (c) REPORTS.—Each agency shall submit an after examination only an individual who cluding the title, expected duration, loca- annual report to Congress on the average pe- qualifies as a preference eligible under sec- tion, and rate of pay of the position; riod of time required to fill each position, tion 2108(3)(C) through (G). ‘‘(ii) the period during which applications and whether such positions are cancelled or ‘‘(e) REGULATIONS.—The Office of Personnel will be accepted; reopened. Management shall prescribe regulations to ‘‘(iii) application procedures, including SEC. 9. MEASURES OF FEDERAL HIRING EFFEC- carry out this section, including regulations who may apply, and procedures for obtaining TIVENESS. for the establishment of mechanisms, such additional information; (a) IN GENERAL.—Each agency shall meas- as advanced determination of score, for iden- ‘‘(iv) the conditions under which applicants ure and collect information on indicators of tifying the eligibles who will be considered hiring effectiveness relating to— for appointment.’’. may be considered; and ‘‘(v) any other information the Office con- (1) recruiting and hiring, including the— (2) COMPETITIVE SERVICE; SELECTION FROM siders appropriate; and (A) ability to reach and recruit highly CERTIFICATES.— ‘‘(B) be made available to the public, in qualified talent from diverse talent pools; (A) REPEAL.—Section 3318 of title 5, United (B) use and impact of each hiring authority States Code, is repealed. such form as the Office requires in regula- tions prescribed under subsection (e). and flexibility to recruit most qualified ap- (B) TECHNICAL AND CONFORMING AMEND- ‘‘(d) FEES.— plicants, including the use of student intern- MENT.—Section 3304(a)(3) of title 5, United ‘‘(1) CHARGING.—The Office of Personnel ships and scholarship programs as a talent States Code, is amended by striking ‘‘3318’’ Management may charge fees to agencies for pool for permanent hires; and inserting ‘‘3317’’. services provided under this section and for (C) use and impact of special hiring au- (3) COMPETITIVE SERVICE; SELECTION USING related Federal employment information. thorities and flexibilities to recruit diverse CATEGORY RATING.—Section 3319 of title 5, ‘‘(2) RETAINING AND USE.—The Office shall candidates, including veteran, minority, and United States Code, is amended— retain fees collected under this subsection to disabled candidates; (A) by striking the section heading and in- pay the costs of providing the services and (D) age, educational level, and source of serting the following: information. applicants; ‘‘§ 3319. Competitive service; selection using ‘‘(e) REGULATIONS.—The Office of Personnel (E) length of time between the time a posi- category rating’’; Management shall prescribe regulations to tion is advertised and the time a first offer of (B) in subsection (c)(2) by striking ‘‘section carry out this section.’’. employment is made; 3317(b) or 3318(b)’’ and inserting ‘‘section (c) TECHNICAL AND CONFORMING AMEND- (F) length of time between the time a first 3317(c)’’; MENT.—The table of sections for chapter 33 of offer of employment for a position is made (C) by redesignating subsections (d) and (e) title 5, United States Code, is amended by and the time a new hire starts in that posi- as subsections (e) and (f), respectively; and striking the items relating to sections 3317 tion; (D) by inserting after subsection (c) the through 3330 and inserting the following: (G) number of internal and external appli- following: ‘‘3317. Competitive service; certification and cants for Federal positions; ‘‘(d) Not later than 240 days after the date selection using numerical rat- (H) number of positions filled compared to a certificate under this section is issued, ings. the specific number in the annual workforce

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5950 CONGRESSIONAL RECORD — SENATE September 23, 2011 plan of the agency, with specific reference to (b) CONSULTATION.—The Director of the Of- SENATE RESOLUTION 277—RECOG- mission-critical occupations or areas of crit- fice of Personnel Management shall consult NIZING THE MONTH OF OCTOBER ical shortage deficiencies; and the Chief Human Capital Officers Council in 2011 AS ‘‘NATIONAL PRINCIPALS (I) number of offers accepted compared to the development of regulations under this MONTH’’ the number of offers made for permanent po- section. sitions; Mr. FRANKEN (for himself, Mr. (2) hiring manager assessment, including— f LUGAR, Mr. AKAKA, Mr. BAUCUS, Mr. (A) manager satisfaction with the quality BEGICH, Mr. CARDIN, Mrs. MURRAY, Mr. of the applicants interviewed and new hires; SUBMITTED RESOLUTIONS WARNER, and Mrs. FEINSTEIN) sub- (B) manager satisfaction with the match mitted the following resolution; which between the skills of newly hired individuals and the needs of the agency; was considered and agreed to: S. RES. 277 (C) manager satisfaction with the hiring SENATE RESOLUTION 276—EX- process and hiring outcomes; PRESSING SUPPORT FOR THE Whereas the National Association of Sec- (D) any mission-critical deficiency closed ondary School Principals and the National by new hires and the connection between GOALS AND IDEALS OF NA- Association of Elementary School Principals mission-critical deficiencies and annual TIONAL INFANT MORTALITY have declared the month of October 2011 as agency performance; and AWARENESS MONTH OF 2011 ‘‘National Principals Month’’; (E) manager satisfaction with the length of Mr. CARDIN (for himself, Mr. BURR, Whereas principals are educational vision- time to fill a position; aries, instructional and assessment leaders, and Mr. MENENDEZ) submitted the fol- (3) applicant satisfaction with the hiring disciplinarians, community builders, budget process, including— lowing resolution; which was consid- analysts, facilities managers, and adminis- (A) the clarity of the announcement of the ered and agreed to: trators of legal and contractual obligations; vacant position; S. RES. 276 Whereas principals work collaboratively (B) the reasons for withdrawal of any ap- Whereas ‘‘infant mortality’’ refers to the with teachers and parents to develop and im- plication; death of a baby before his or her first birth- plement a clear mission, high curriculum (C) the user-friendliness of the application day; standards, and performance goals; process; Whereas the United States ranks 41st Whereas principals create school environ- (D) communication regarding status of ap- among industrialized countries in the rate of ments that facilitate great teaching and plication; and infant mortality; learning and continuous school improve- (E) the timeliness of hiring decision; and Whereas high rates of infant mortality are ment; (4) new hire assessment, including— especially prevalent in communities with Whereas the vision, actions, and dedication (A) new hire satisfaction with the hiring large minority populations, high rates of un- of principals provide the mobilizing force be- process, including— employment and poverty, and limited access hind any school reform effort; and (i) the clarity of the announcement of the to safe housing and medical providers; Whereas the celebration of ‘‘National Prin- vacant position; Whereas premature birth is a leading cause cipals Month’’ would honor elementary (ii) the user-friendliness of the application of infant mortality; school, middle school, and high school prin- process; Whereas according to the Institute of Med- cipals, and recognize the importance of prin- (iii) communication regarding status of ap- icine of the National Academies, premature cipals in ensuring that every child has access plication; and birth costs the United States more than to a high-quality education: Now, therefore, (iv) the timeliness of hiring decision; $26,000,000,000 annually; be it (B) satisfaction with the onboarding expe- Whereas infant mortality can be substan- Resolved, That the Senate— rience, including— tially reduced through community-based (1) recognizes the month of October 2011 as (i) the timeliness of onboarding after the services such as outreach, home visitation, ‘‘National Principals Month’’; and hiring decision; case management, health education, and (2) honors the contribution of principals in (ii) the welcoming and orientation proc- interconceptional care; the elementary schools, middle schools, and esses; and Whereas support for community-based pro- high schools of our Nation by supporting the (iii) being provided with timely and useful grams to reduce infant mortality can result goals and ideals of ‘‘National Principals new employee information and assistance; in lower future spending on medical inter- Month’’. (C) new hire attrition; ventions, special education, and other social f (D) investment in training and develop- services that may be needed for infants and ment for employees during their first year of children who are born with a low birth SENATE RESOLUTION 278—DESIG- employment; and weight; NATING SEPTEMBER 2011 AS (E) other indicators and measures as re- Whereas the Department of Health and ‘‘NATIONAL PROSTATE CANCER quired by the Office of Personnel Manage- Human Services, through the Office of Mi- AWARENESS MONTH’’ ment. nority Health, has implemented the ‘‘A Mr. SESSIONS (for himself, Mr. (b) REPORTS.— Healthy Baby Begins With You’’ campaign; CARDIN, Mr. INHOFE, Mr. WICKER, Mr. (1) IN GENERAL.—Each agency shall submit Whereas the Maternal and Child Health on an annual basis and in accordance with Bureau of the Health Resources and Services BROWN of Massachusetts, Mr. KERRY, regulations prescribed under subsection (c) Administration has provided national leader- Mr. SHELBY, Mr. CRAPO, Mr. JOHNSON of the information collected under subsection ship on the issue of infant mortality; South Dakota, Mr. LEE, Mr. (a) to the Office of Personnel Management. Whereas public awareness and education CHAMBLISS, Mr. AKAKA, Mrs. BOXER, (2) AVAILABILITY OF RECRUITING AND HIRING campaigns on infant mortality are held dur- Mr. KIRK, Mr. WYDEN, Mr. JOHANNS, INFORMATION.—Each year the Office of Per- ing the month of September each year; and and Mr. BLUNT) submitted the fol- sonnel Management shall provide the infor- Whereas September 2011 has been des- mation submitted under paragraph (1) in a lowing resolution; which was consid- ignated as ‘‘National Infant Mortality ered and agreed to: consistent format to allow for a comparison Awareness Month’’: Now, therefore, be it of hiring effectiveness and experience across Resolved, That the Senate— S. RES. 278 demographic groups and agencies to— (1) supports the goals and ideals of Na- Whereas countless families in the United (A) Congress before that information is tional Infant Mortality Awareness Month States live with prostate cancer; made publicly available; and 2011; Whereas 1 in 6 males in the United States (B) the public on the website of the Office (2) supports efforts to educate people in the will be diagnosed with prostate cancer in his not later than 90 days after the submission of United States about infant mortality and lifetime; the information under paragraph (1). the factors that contribute to infant mor- Whereas prostate cancer is the most com- (c) REGULATIONS.—Not later than 180 days tality; monly diagnosed non-skin cancer and the after the date of enactment of this Act, the (3) supports efforts to reduce infant deaths, second most common cause of cancer-related Director of the Office of Personnel Manage- low birth weight, pre-term births, and dis- deaths among males in the United States; ment shall prescribe regulations directing parities in perinatal outcomes; Whereas in 2011, the American Cancer Soci- the methodology, timing, and reporting of (4) recognizes the critical importance of in- ety estimates that 240,890 males in the the data described in subsection (a). cluding efforts to reduce infant mortality United States will be diagnosed with pros- SEC. 10. REGULATIONS. and the factors that contribute to infant tate cancer, and 33,720 males will die from (a) IN GENERAL.—Except as provided under mortality as part of prevention and wellness the disease; section 9(c), not later than 120 days after the strategies; and Whereas 30 percent of newly diagnosed date of enactment of this Act, the Director (5) calls upon the people of the United prostate cancer cases occur in males under of the Office of Personnel Management shall States to observe National Infant Mortality the age of 65; prescribe regulations as necessary to carry Awareness Month with appropriate programs Whereas approximately every 14 seconds, a out this Act. and activities. male in the United States turns 50 years old

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5951 and increases his odds of developing cancer, tripled and approximately 12,500,000, or 17 Whereas celebrating the vast contributions including prostate cancer; percent, of children and adolescents in the of Hispanic-serving institutions to the Whereas African-American males suffer United States are obese; United States strengthens the culture of the from a prostate cancer incidence rate that is Whereas according to the American Acad- United States; up to 65 percent higher than White males and emy of Pediatrics study entitled ‘‘The Im- Whereas the achievements and goals of have double the prostate cancer mortality portance of Play in Promoting Healthy Child Hispanic-serving institutions are deserving rate of White males; Development and Maintaining Strong Par- of national recognition; Whereas obesity is a significant predictor ent-Child Bonds’’— Whereas 2011 marks the 25th anniversary of of the severity of prostate cancer; (1) play is essential to development be- the establishment of the Hispanic Associa- Whereas the probability that obesity will cause play contributes to the cognitive, tion of Colleges and Universities, an organi- lead to death and high cholesterol levels is physical, social, and emotional well-being of zation that works to improve the capacity of strongly associated with advanced prostate children and youth; Hispanic-serving institutions in helping stu- cancer; (2) play offers an ideal opportunity for par- dents across the United States succeed; Whereas males in the United States with 1 ents to engage fully with children; and Whereas the Hispanic Association of Col- family member diagnosed with prostate can- (3) despite the benefits derived from play leges and Universities fulfills its mission by cer have a 1 in 3 chance of being diagnosed for both children and parents, time for free promoting the development of member col- play has been significantly reduced for some with the disease, males with 2 family mem- leges and universities, improving access to, children and youth in the United States; bers diagnosed have an 83 percent chance, and the quality of, postsecondary edu- Whereas Worldwide Day of Play is the cen- and males with 3 family members diagnosed cational opportunities for Hispanic students, terpiece of The Big Help, the long-term com- have a 97 percent chance; and meeting the needs of business, industry, mitment of Nickelodeon to empower chil- Whereas screening by a digital rectal ex- and government through the development dren and families by providing the tools and amination and a prostate-specific antigen and sharing of resources, information, and information children and families need to blood test can detect the disease at the early expertise; and take action on the issues children and fami- stages, increasing the chances of survival for Whereas the week beginning September 19, lies care about; more than 5 years to nearly 100 percent; 2011, would be an appropriate week for na- Whereas in each of the 50 States and in 13 tional recognition of Hispanic-serving insti- Whereas only 33 percent of males survive countries, including at United States mili- more than 5 years if diagnosed during the tutions: Now, therefore, be it tary bases around the globe, children and Resolved, That the Senate— late stages of the disease; families celebrate Worldwide Day of Play; Whereas there are no noticeable symptoms (1) recognizes the achievements and goals Whereas on September 24, 2011, Nickel- of Hispanic-serving institutions across the of prostate cancer while it is still in the odeon will host the 8th annual Worldwide early stages, making screening critical; United States; Day of Play; (2) recognizes the achievements of the His- Whereas ongoing research promises further Whereas in 2011, in collaboration with the improvements in prostate cancer prevention, panic Association of Colleges and Univer- Let’s Move! campaign started by First Lady sities throughout the 25 years since the es- early detection, and treatment; and Michelle Obama and the President’s Council Whereas educating people in the United tablishment of the organization; on Fitness, Sports and Nutrition, the Nickel- (3) designates the week beginning Sep- States, including health care providers, odeon Worldwide Day of Play will be held on about prostate cancer and early detection tember 19, 2011, as ‘‘National Hispanic-Serv- the Ellipse in Washington, District of Colum- ing Institutions Week’’; and strategies is crucial to saving the lives of bia; (4) calls on the people of the United States males and preserving and protecting fami- Whereas September 24, 2011, would be an and interested groups to observe the week lies: Now, therefore, be it appropriate date to designate as Worldwide with appropriate ceremonies, activities, and Resolved, That the Senate— Day of Play: Now, therefore, be it (1) designates September 2011 as ‘‘National programs to demonstrate support for His- Resolved, That the Senate supports the des- panic-serving institutions. Prostate Cancer Awareness Month’’; ignation of September 24, 2011, as ‘‘World- (2) declares that steps should be taken— wide Day of Play’’. f (A) to raise awareness about the impor- f SENATE RESOLUTION 281—DESIG- tance of screening methods for, and treat- NATING SEPTEMBER 24, 2011, AS ment of, prostate cancer; SENATE RESOLUTION 280—DESIG- (B) to increase research funding that is NATING THE WEEK BEGINNING ‘‘NATIONAL ESTUARIES DAY’’ commensurate with the burden of prostate SEPTEMBER 19, 2011, AS ‘‘NA- Mr. WHITEHOUSE (for himself, Mr. cancer so that— TIONAL HISPANIC-SERVING IN- BROWN of Massachusetts, Mr. AKAKA, (i) screening and treatment for prostate STITUTIONS WEEK’’ AND RECOG- Mr. BLUMENTHAL, Mrs. BOXER, Mr. cancer may be improved; CARDIN, Ms. COLLINS, Mrs. GILLIBRAND, (ii) the causes of prostate cancer may be NIZING THE ACHIEVEMENTS OF Mr. KERRY, Ms. LANDRIEU, Mr. discovered; and THE HISPANIC ASSOCIATION OF (iii) a cure for prostate cancer may be de- COLLEGES AND UNIVERSITIES LIEBERMAN, Mr. MERKLEY, Ms. MIKUL- SKI, Mrs. MURRAY, Mr. REED of Rhode veloped; and Mr. MENENDEZ (for himself, Mr. Island, Ms. SNOWE, Mr. WARNER, Mr. (C) to continue to consider ways for im- CORNYN, Mr. REID of Nevada, Mr. proving access to, and the quality of, health WEBB, and Mr. WYDEN) submitted the UDALL of New Mexico, Mr. UDALL of care services for detecting and treating pros- following resolution; which was consid- Colorado, Mr. BEGICH, Mr. REED of tate cancer; and ered and agreed to: Rhode Island, Mrs. MURRAY, Mrs. (3) calls on the people of the United States, S. RES. 281 interested groups, and affected persons— BOXER, Mr. BINGAMAN, Mr. NELSON of Whereas the estuary regions of the United (A) to promote awareness of prostate can- Florida, Mr. COONS, Mrs. GILLIBRAND, States comprise a significant share of the cer; and Mrs. HUTCHISON) submitted the fol- national economy, with 43 percent of the (B) to take an active role in the fight to lowing resolution; which was consid- population, 40 percent of the employment, end the devastating effects of prostate can- ered and agreed to: and 49 percent of the economic output of the cer on individuals, families, and the econ- S. RES. 280 United States located in the estuary regions omy; and Whereas Hispanic-serving institutions play of the United States; (C) to observe National Prostate Cancer an important role in educating many under- Whereas coasts and estuaries contribute Awareness Month with appropriate cere- privileged students and helping those stu- more than $800,000,000,000 annually in trade monies and activities. dents attain their full potential through and commerce to the United States econ- f higher education; omy; SENATE RESOLUTION 279—EX- Whereas Hispanic-serving institutions are Whereas more than 43 percent of all adults PRESSING SUPPORT FOR THE degree-granting institutions that have a full- in the United States visit a sea coast or estu- time equivalent undergraduate enrollment of ary at least once a year to participate in DESIGNATION OF SEPTEMBER 24, at least 25 percent Hispanic students; some form of recreation, generating 2011, AS ‘‘WORLDWIDE DAY OF Whereas in 2010, there were 307 Hispanic- $8,000,000,000 to $12,000,000,000 in revenue an- PLAY’’ serving institutions in the United States, en- nually; Mrs. GILLIBRAND (for herself and rolling 1,348,436 Hispanic students in non- Whereas more than 28,000,000 jobs in the Ms. AYOTTE) submitted the following profit postsecondary schools; United States are supported by commercial resolution; which was considered and Whereas Hispanic-serving institutions are and recreational fishing, boating, tourism, actively involved in stabilizing and improv- and other coastal industries that rely on agreed to: ing the communities in which the Hispanic- healthy estuaries; S. RES. 279 serving institutions are located; Whereas estuaries provide vital habitat for Whereas according to the Centers for Dis- Whereas 54 percent of Hispanic students in countless species of fish and wildlife, includ- ease Control and Prevention, since 1980, obe- the United States attend nonprofit, postsec- ing many that are listed as threatened or en- sity prevalence among children has almost ondary Hispanic-serving institutions; dangered;

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Whereas estuaries provide critical eco- S. RES. 282 SA 658. Mr. REID proposed an amendment system services that protect human health Whereas, in the cases of Kanelos v. County to the bill H.R. 2608, supra. and public safety, including water filtration, of Mohave, et al., Civ. No. 10–8099 (D. Ariz.) SA 659. Mr. REID proposed an amendment flood control, shoreline stabilization and and Zanna, et al. v. Mohave County, et al., to amendment SA 658 proposed by Mr. REID erosion prevention, and the protection of Civ. No. 10–8149 (D. Ariz.), pending in federal to the bill H.R. 2608, supra. coastal communities during extreme weath- district court in Arizona, the defendants SA 660. Mr. REID proposed an amendment er events; have requested that a declaration be sub- to amendment SA 659 proposed by Mr. REID Whereas the United States has lost more mitted by Gina Gormley, an employee of to the amendment SA 658 proposed by Mr. than 110,000,000 acres, or 50 percent, of the Senator John McCain; REID to the bill H.R. 2608, supra. wetland of the United States since the first Whereas, by the privileges of the Senate of European settlers arrived; the United States and Rule XI of the Stand- f ing Rules of the Senate, no evidence under Whereas bays once filled with fish and oys- TEXT OF AMENDMENTS ters have become dead zones filled with ex- the control or in the possession of the Senate cess nutrients, chemical wastes, harmful may, by the judicial or administrative proc- SA 655. Mr. REID proposed an amend- algae, and marine debris; ess, be taken from such control or possession ment to the bill H.R. 2608, to provide Whereas changes in sea level can impact but by permission of the Senate; and for an additional temporary extension estuarine water quality and estuarine habi- Whereas, when it appears that evidence under the control or in the possession of the of programs under the Small Business tat; Act and the Small Business Investment Whereas the Coastal Zone Management Senate may promote the administration of Act of 1972 (16 U.S.C. 1451 et seq.) declares justice, the Senate will take such action as Act of 1958, and for other purposes; as that it is the national policy to preserve, will promote the ends of justice consistent follows: protect, develop, and if possible, to restore or with the privileges of the Senate: Now, In lieu of the matter proposed to be in- enhance, the resources of the coastal zone of therefore, be it serted by the amendment of the House to the the United States, including estuaries, for Resolved, that Gina Gormley is authorized amendment of the Senate, insert the fol- current and future generations; to testify in the cases of Kanelos v. County of lowing: Mohave, et al. and Zanna, et al. v. Mohave Whereas 24 coastal and Great Lake States That the following sums are hereby appro- County et al., except concerning matters for and territories of the United States contain priated, out of any money in the Treasury which a privilege should be asserted. a National Estuary Program or a National not otherwise appropriated, and out of appli- Estuarine Research Reserve System; f cable corporate or other revenues, receipts, Whereas scientific study leads to better and funds, for the several departments, agen- understanding of the benefits of estuaries to SENATE CONCURRENT RESOLU- TION 29—AUTHORIZING THE USE cies, corporations, and other organizational human and ecological communities; units of Government for fiscal year 2012, and Whereas Federal, State, local, and tribal OF THE ROTUNDA OF THE for other purposes, namely: governments, national and community orga- UNITED STATES CAPITOL FOR SEC. 101. (a) Such amounts as may be nec- nizations, and individuals work together to AN EVENT TO PRESENT THE essary, at a rate for operations as provided effectively manage the estuaries of the CONGRESSIONAL GOLD MEDAL, in the applicable appropriations Acts for fis- United States; COLLECTIVELY, TO NEIL A. ARM- cal year 2011 and under the authority and Whereas estuary restoration efforts restore STRONG, EDWIN E. ‘‘BUZZ’’ conditions provided in such Acts, for con- natural infrastructure in local communities tinuing projects or activities (including the in a cost effective manner, helping to create ALDRIN, JR., MICHAEL COLLINS, AND JOHN HERSCHEL GLENN, costs of direct loans and loan guarantees) jobs and reestablish the natural functions of that are not otherwise specifically provided estuaries that yield countless benefits; and JR., IN RECOGNITION OF THEIR for in this Act, that were conducted in fiscal Whereas September 24, 2011, has been des- SIGNIFICANT CONTRIBUTIONS TO year 2011, and for which appropriations, ignated as ‘‘National Estuaries Day’’ to in- SOCIETY funds, or other authority were made avail- crease awareness among all people of the Mr. NELSON of Florida (for himself, able in the following appropriations Acts: United States, including Federal, State and Ms. STABENOW, Mr. BROWN of Ohio, (1) The Department of Defense Appropria- local government officials, about the impor- tions Act, 2011 (division A of Public Law 112– Mrs. HUTCHISON, Mr. VITTER, Mr. tance of healthy estuaries and the need to 10). protect and restore estuaries: Now, there- AKAKA, Mr. PRYOR, Mr. LIEBERMAN, and (2) The Full-Year Continuing Appropria- fore, be it Mr. DURBIN) submitted the following tions Act, 2011 (division B of Public Law 112– Resolved, That the Senate— concurrent resolution; which was con- 10). (1) designates September 24, 2011, as ‘‘Na- sidered and agreed to: (b) The rate for operations provided by sub- tional Estuaries Day’’; S. CON. RES. 29 section (a) is hereby reduced by 1.503 percent. (2) supports the goals and ideals of Na- Resolved by the Senate (the House of Rep- SEC. 102. (a) No appropriation or funds tional Estuaries Day; resentatives concurring), made available or authority granted pursu- (3) acknowledges the importance of estu- ant to section 101 for the Department of De- aries to sustaining employment and the eco- SECTION 1. USE OF THE ROTUNDA OF THE UNITED STATES CAPITOL TO fense shall be used for (1) the new production nomic well-being and prosperity of the PRESENT THE CONGRESSIONAL of items not funded for production in fiscal United States; GOLD MEDAL. year 2011 or prior years; (2) the increase in (4) recognizes that persistent threats un- (a) AUTHORIZATION.—The rotunda of the production rates above those sustained with dermine the health of the estuaries of the United States Capitol is authorized to be fiscal year 2011 funds; or (3) the initiation, United States; used on November 16, 2011 for the presen- resumption, or continuation of any project, (5) applauds the work of national and com- tation of the Congressional Gold Medal, col- activity, operation, or organization (defined munity organizations and public partners lectively, to Neil A. Armstrong, Edwin E. as any project, subproject, activity, budget that promote public awareness, under- ‘‘Buzz’’ Aldrin, Jr., Michael Collins, and activity, program element, and subprogram standing, protection, and restoration of estu- John Herschel Glenn, Jr., in recognition of within a program element, and for any in- aries; their significant contributions to society. vestment items defined as a P–1 line item in (6) reaffirms the support of the Senate for (b) PREPARATIONS.—Physical preparations a budget activity within an appropriation ac- estuaries, including the scientific study, for the conduct of the event described in sub- count and an R–1 line item that includes a preservation, protection, and restoration of section (a) shall be carried out in accordance program element and subprogram element estuaries; and with such conditions as may be prescribed by within an appropriation account) for which (7) expresses the intent of the Senate to the Architect of the Capitol. appropriations, funds, or other authority continue working to understand, protect, f were not available during fiscal year 2011. and restore the estuaries of the United (b) No appropriation or funds made avail- States. AMENDMENTS SUBMITTED AND able or authority granted pursuant to sec- f PROPOSED tion 101 for the Department of Defense shall be used to initiate multi-year procurements SENATE RESOLUTION 282—TO AU- SA 655. Mr. REID proposed an amendment to the bill H.R. 2608, to provide for an addi- utilizing advance procurement funding for THORIZE TESTIMONY IN tional temporary extension of programs economic order quantity procurement unless KANELOS V. COUNTY OF MO- under the Small Business Act and the Small specifically appropriated later. HAVE, ET AL. AND ZANNA, ET Business Investment Act of 1958, and for SEC. 103. Appropriations made by section AL. V. MOHAVE COUNTY, ET AL. other purposes. 101 shall be available to the extent and in the manner that would be provided by the perti- Mr. REID of Nevada (for himself and SA 656. Mr. REID proposed an amendment to the bill H.R. 2608, supra. nent appropriations Act. Mr. MCCONNELL) submitted the fol- SA 657. Mr. REID proposed an amendment SEC. 104. Except as otherwise provided in lowing resolution; which was consid- to amendment SA 656 proposed by Mr. REID section 102, no appropriation or funds made ered and agreed to: to the bill H.R. 2608, supra. available or authority granted pursuant to

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Appropriations made and author- (22 U.S.C. 6212), and section 504(a)(1) of the amounts are provided for the necessary ex- ity granted pursuant to this Act shall cover National Security Act of 1947 (50 U.S.C. penses of the Recovery Accountability and all obligations or expenditures incurred for 414(a)(1)). Transparency Board, to carry out its func- any project or activity during the period for SEC. 114. (a) Except as provided in sub- tions under title XV of division A of the which funds or authority for such project or section (b), each amount incorporated by ref- American Recovery and Reinvestment Act of activity are available under this Act. erence in this Act that was previously des- 2009 (Public Law 111–5), at a rate for oper- SEC. 106. Unless otherwise provided for in ignated as being for contingency operations ations of $28,350,000. this Act or in the applicable appropriations directly related to the global war on ter- SEC. 123. (a) Section 9(m) of the Small Act for fiscal year 2012, appropriations and rorism pursuant to section 3(c)(2) of H. Res. Business Act (15 U.S.C. 638(m)) shall be ap- funds made available and authority granted 5 (112th Congress) and as an emergency re- plied by substituting the date specified in pursuant to this Act shall be available until quirement pursuant to section 403(a) of S. section 106(3) of this Act for ‘‘September 30, whichever of the following first occurs: (1) Con. Res. 13 (111th Congress), the concurrent 2011’’. (b) Notwithstanding section 9(n)(1)(A) of the enactment into law of an appropriation resolution on the budget for fiscal year 2010, the Small Business Act (15 U.S.C. for any project or activity provided for in is designated by the Congress for Overseas 638(n)(1)(A)), the Small Business Technology this Act; (2) the enactment into law of the Contingency Operations/Global War on Ter- Transfer Program shall continue in effect applicable appropriations Act for fiscal year rorism pursuant to section 251(b)(2)(A) of the through the date specified in section 106(3) of 2012 without any provision for such project Balanced Budget and Emergency Deficit this Act. or activity; or (3) November 18, 2011. Control Act of 1985, except that such amount (c) Notwithstanding section 9(y)(6) of the SEC. 107. Expenditures made pursuant to shall be available only if the President sub- Small Business Act (15 U.S.C. 638(y)(6)), the this Act shall be charged to the applicable sequently so designates such amount and pilot program under section 9(y) of such Act appropriation, fund, or authorization when- transmits such designation to the Congress. shall continue in effect through the date ever a bill in which such applicable appro- Section 101(b) of this Act shall not apply to specified in section 106(3) of this Act. priation, fund, or authorization is contained any amount so designated. SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, is enacted into law. (b) Subsection (a) shall not apply to United States Code, is amended by striking SEC. 108. Appropriations made and funds amounts for ‘‘Department of Justice—Fed- ‘‘September 30, 2011’’ and inserting the date made available by or authority granted pur- eral Bureau of Investigation—Salaries and specified in section 106(3) of this Act. suant to this Act may be used without re- Expenses’’. SEC. 125. Notwithstanding any other provi- gard to the time limitations for submission SEC. 115. During the period covered by this sion of this Act, effective on the date of the and approval of apportionments set forth in Act, discretionary amounts appropriated for enactment of this Act, of the unobligated section 1513 of title 31, United States Code, fiscal year 2012 that were provided in ad- balances remaining available to the Depart- but nothing in this Act may be construed to vance by appropriations Acts shall be avail- ment of Energy pursuant to section 129 of waive any other provision of law governing able in the amounts provided in such Acts, the Continuing Appropriations Resolution, the apportionment of funds. reduced by the percentage in section 101(b). 2009 (division A of Public Law 110–329), SEC. 109. Notwithstanding any other provi- SEC. 116. Notwithstanding section 101, $500,000,000 is rescinded, $774,000,000 is hereby sion of this Act, except section 106, for those amounts made available by this Act for ‘‘De- transferred to and merged with ‘‘Department programs that would otherwise have high partment of Defense—Operation and Mainte- of Homeland Security—Federal Emergency initial rates of operation or complete dis- nance—Operation and Maintenance, Air Management Agency—Disaster Relief’’, and tribution of appropriations at the beginning Force’’ may be used by the Secretary of De- $226,000,000 is hereby transferred to and of fiscal year 2012 because of distributions of fense for operations and activities of the Of- merged with ‘‘Corps of Engineers-Civil— funding to States, foreign countries, grant- fice of Security Cooperation in Iraq and se- Flood Control and Coastal Emergencies’’: ees, or others, such high initial rates of oper- curity assistance teams, including life sup- Provided, That the amounts made available ation or complete distribution shall not be port, transportation and personal security, by this section for the Corps of Engineers- made, and no grants shall be awarded for and facilities renovation and construction: Civil shall be for emergency expenses for re- such programs funded by this Act that would Provided, That the authority made by this pair of damage caused by the storm and flood impinge on final funding prerogatives. section shall continue in effect through the events occurring in 2011: Provided further, SEC. 110. This Act shall be implemented so date specified in section 106(3) of this Act: That the amounts transferred by this section that only the most limited funding action of Provided further, That section 9014 of division shall remain available until expended: Pro- that permitted in the Act shall be taken in A of Public Law 112–10 shall not apply to vided further, That each amount transferred order to provide for continuation of projects funds appropriated by this Act. by this section is designated as an emer- and activities. SEC. 117. Notwithstanding section 101, gency pursuant to section 3(c)(1) of H. Res. 5 SEC. 111. (a) For entitlements and other funds made available in title IX of division A (112th Congress) and as an emergency re- mandatory payments whose budget author- of Public Law 112–10 for ‘‘Overseas Contin- quirement pursuant to section 403(a) of S. ity was provided in appropriations Acts for gency Operations’’ shall be available at a Con. Res. 13 (111th Congress), the concurrent fiscal year 2011, and for activities under the rate for operations not to exceed the rate resolution on the budget for fiscal year 2010. Food and Nutrition Act of 2008, activities permitted by H.R. 2219 (112th Congress) as SEC. 126. (a) Notwithstanding section 101, shall be continued at the rate to maintain passed by the House of Representatives on amounts are provided for ‘‘Department of program levels under current law, under the July 8, 2011. Homeland Security—Federal Emergency authority and conditions provided in the ap- SEC. 118. The authority provided by section Management Agency—Disaster Relief’’ at a plicable appropriations Act for fiscal year 127b of title 10, United States Code, shall rate for operations of $2,650,000,000: Provided, 2011, to be continued through the date speci- continue in effect through the date specified That the Secretary of Homeland Security fied in section 106(3). in section 106(3) of this Act. shall provide a full accounting of disaster re- (b) Notwithstanding section 106, obliga- SEC. 119. The authority provided by section lief funding requirements for such account tions for mandatory payments due on or 1202 of the John Warner National Defense for fiscal year 2012 not later than 15 days about the first day of any month that begins Authorization Act for Fiscal Year 2007 (Pub- after the date of the enactment of this Act, after October 2011 but not later than 30 days lic Law 109–364; 120 Stat. 2412), as extended and for fiscal year 2013 in conjunction with after the date specified in section 106(3) may by section 1204(b) of the Duncan Hunter Na- the submission of the President’s budget re- continue to be made, and funds shall be tional Defense Authorization Act for Fiscal quest for fiscal year 2013. available for such payments. Year 2009 (Public Law 110–417; 122 Stat. 4623), (b) The accounting described in subsection SEC. 112. Amounts made available under shall continue in effect through the date (a) for each fiscal year shall include esti- section 101 for civilian personnel compensa- specified in section 106(3) of this Act. mates of the following amounts: tion and benefits in each department and SEC. 120. Notwithstanding section 101, (1) The unobligated balance of funds in agency may be apportioned up to the rate for amounts are provided for ‘‘Defense Nuclear such account that has been (or will be) car- operations necessary to avoid furloughs Facilities Safety Board—Salaries and Ex- ried over to such fiscal year from prior fiscal within such department or agency, con- penses’’ at a rate for operations of $29,130,000. years. sistent with the applicable appropriations SEC. 121. Notwithstanding any other provi- (2) The unobligated balance of funds in Act for fiscal year 2011, except that such au- sion of this Act, except section 106, the Dis- such account that will be carried over from thority provided under this section shall not trict of Columbia may expend local funds such fiscal year to the subsequent fiscal be used until after the department or agency under the heading ‘‘District of Columbia year. has taken all necessary actions to reduce or Funds’’ for such programs and activities (3) The amount of the rolling average of defer non-personnel-related administrative under title IV of H.R. 2434 (112th Congress), non-catastrophic disasters, and the specific expenses. as reported by the Committee on Appropria- data used to calculate such rolling average, SEC. 113. Funds appropriated by this Act tions of the House of Representatives, at the for such fiscal year. may be obligated and expended notwith- rate set forth under ‘‘District of Columbia (4) The amount that will be obligated each standing section 10 of Public Law 91–672 (22 Funds—Summary of Expenses’’ as included month for catastrophic events, delineated by

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event and State, and the total remaining SEC. 138. The Export-Import Bank Act of ant to section 101 for the Department of De- funding that will be required after such fis- 1945 (12 U.S.C. 635 et seq.) shall be applied by fense shall be used for (1) the new production cal year for each such catastrophic event for substituting the date specified in section of items not funded for production in fiscal each State. 106(3) of this Act for ‘‘September 30, 2011’’ in year 2011 or prior years; (2) the increase in (5) The amount of previously obligated section 7 of such Act of 1945. production rates above those sustained with funds that will be recovered each month of SEC. 139. Section 209 of the International fiscal year 2011 funds; or (3) the initiation, such fiscal year. Religious Freedom Act of 1998 (22 U.S.C. 6436) resumption, or continuation of any project, (6) The amount that will be required in shall be applied by substituting the date activity, operation, or organization (defined such fiscal year for emergencies, as defined specified in section 106(3) of this Act for as any project, subproject, activity, budget in section 102(1) of the Robert T. Stafford ‘‘September 30, 2011’’. activity, program element, and subprogram Disaster Relief and Emergency Assistance SEC. 140. Commitments to guarantee loans within a program element, and for any in- Act (42 U.S.C. 5122(1)). incurred under the General and Special Risk vestment items defined as a P–1 line item in (7) The amount that will be required in Insurance Funds, as authorized by sections a budget activity within an appropriation ac- such fiscal year for major disasters, as de- 238 and 519 of the National Housing Act (12 count and an R–1 line item that includes a fined in section 102(2) of the Robert T. Staf- U.S.C. 1715z–3 and 1735c), shall not exceed a program element and subprogram element ford Disaster Relief and Emergency Assist- rate for operations of $25,000,000,000: Provided, within an appropriation account) for which ance Act (42 U.S.C. 5122(2)). That total loan principal, any part of which appropriations, funds, or other authority (8) The amount that will be required in is to be guaranteed, may be apportioned were not available during fiscal year 2011. such fiscal year for fire management assist- through the date specified in section 106(3) of (b) No appropriation or funds made avail- ance grants, as defined in section 420 of the this Act, at $80,000,000 multiplied by the able or authority granted pursuant to sec- Robert T. Stafford Disaster Relief and Emer- number of days covered in this Act. tion 101 for the Department of Defense shall SEC. 141. (a) RENEWAL OF IMPORT RESTRIC- gency Assistance Act (42 U.S.C. 5187). be used to initiate multi-year procurements TIONS UNDER BURMESE FREEDOM AND DEMOC- SEC. 127. Any funds made available pursu- utilizing advance procurement funding for RACY ACT OF 2003.— ant to section 101 for the Department of economic order quantity procurement unless (1) IN GENERAL.—Congress approves the re- Homeland Security may be obligated at a specifically appropriated later. newal of the import restrictions contained in rate for operations necessary to sustain es- SEC. 103. Appropriations made by section section 3(a)(1) and section 3A (b)(1) and (c)(1) sential security activities, such as: staffing 101 shall be available to the extent and in the of the Burmese Freedom and Democracy Act levels of operational personnel; immigration manner that would be provided by the perti- of 2003. nent appropriations Act. enforcement and removal functions, includ- (2) RULE OF CONSTRUCTION.—This section SEC. 104. Except as otherwise provided in ing sustaining not less than necessary deten- shall be deemed to be a ‘‘renewal resolution’’ section 102, no appropriation or funds made tion bed capacity; and United States Secret for purposes of section 9 of the Burmese available or authority granted pursuant to Service protective activities, including pro- Freedom and Democracy Act of 2003. section 101 shall be used to initiate or re- tective activities necessary to secure Na- (b) EFFECTIVE DATE.—This section shall sume any project or activity for which ap- tional Special Security Events. The Sec- take effect on July 26, 2011. propriations, funds, or other authority were retary of Homeland Security shall notify the (c) APPLICABILITY.—This section shall not not available during fiscal year 2011. Committees on Appropriations of the House be subject to any other provision of this Act. SEC. 105. Appropriations made and author- of Representatives and the Senate on each SEC. 142. Effective on the date of the enact- ity granted pursuant to this Act shall cover use of the authority provided in this section. ment of this Act, of the unobligated balances all obligations or expenditures incurred for SEC. 128. The authority provided by section remaining available for ‘‘Department of En- any project or activity during the period for 532 of Public Law 109–295 shall continue in ef- ergy—Energy Programs—Title 17-Innovative which funds or authority for such project or fect through the date specified in section Technology Loan Guarantee Program’’ pur- activity are available under this Act. 106(3) of this Act. suant to title IV of division A of Public Law SEC. 106. Unless otherwise provided for in SEC. 129. The authority provided by section 111–5, $100,000,000 is rescinded. this Act or in the applicable appropriations 831 of the Homeland Security Act of 2002 (6 This Act may be cited as the ‘‘Continuing Act for fiscal year 2012, appropriations and U.S.C. 391) shall continue in effect through Appropriations Act, 2012’’. funds made available and authority granted the date specified in section 106(3) of this pursuant to this Act shall be available until Act. SA 656. Mr. REID proposed an amend- whichever of the following first occurs: (1) SEC. 130. Section 550(b) of the Department ment to the bill H.R. 2608, to provide the enactment into law of an appropriation of Homeland Security Appropriations Act, for an additional temporary extension for any project or activity provided for in 2007 (6 U.S.C. 121 note) shall be applied by of programs under the Small Business this Act; (2) the enactment into law of the substituting the date specified in section applicable appropriations Act for fiscal year 106(3) of this Act for ‘‘October 4, 2011’’. Act and the Small Business Investment Act of 1958, and for other purposes; as 2012 without any provision for such project SEC. 131. Sections 1309(a) and 1319 of the or activity; or (3) November 18, 2011. National Flood Insurance Act of 1968 (42 follows: SEC. 107. Expenditures made pursuant to U.S.C. 4016(a) and 4026) shall be applied by In lieu of the matter proposed to be in- this Act shall be charged to the applicable substituting the date specified in section serted by the amendment of the House to the appropriation, fund, or authorization when- 106(3) of this Act for ‘‘September 30, 2011’’. amendment of the Senate, insert the fol- ever a bill in which such applicable appro- SEC. 132. Section 330 of the Department of lowing: priation, fund, or authorization is contained the Interior and Related Agencies Appropria- The following sums are hereby appro- is enacted into law. tions Act, 2001 (42 U.S.C. 1701 note), con- priated, out of any money in the Treasury SEC. 108. Appropriations made and funds cerning Service First authorities, shall con- not otherwise appropriated, and out of appli- made available by or authority granted pur- tinue in effect through the date specified in cable corporate or other revenues, receipts, suant to this Act may be used without re- section 106(3) of this Act. and funds, for the several departments, agen- gard to the time limitations for submission SEC. 133. Notwithstanding section 101, sec- cies, corporations, and other organizational and approval of apportionments set forth in tion 1807 of Public Law 112–10 shall be ap- units of Government for fiscal year 2012, and section 1513 of title 31, United States Code, plied by substituting ‘‘$374,743,000’’ for for other purposes, namely: but nothing in this Act may be construed to ‘‘$363,843,000’’ and ‘‘$10,900,000’’ for SEC. 101. (a) Such amounts as may be nec- waive any other provision of law governing ‘‘$3,000,000’’. essary, at a rate for operations as provided the apportionment of funds. SEC. 134. The second proviso of section in the applicable appropriations Acts for fis- SEC. 109. Notwithstanding any other provi- 1801(a)(3) of Public Law 112–10 is amended by cal year 2011 and under the authority and sion of this Act, except section 106, for those striking ‘‘appropriation under this subpara- conditions provided in such Acts, for con- programs that would otherwise have high graph’’ and inserting ‘‘appropriations made tinuing projects or activities (including the initial rates of operation or complete dis- available by this Act’’. costs of direct loans and loan guarantees) tribution of appropriations at the beginning SEC. 135. Notwithstanding section 101, that are not otherwise specifically provided of fiscal year 2012 because of distributions of amounts are provided for ‘‘Federal Mine for in this Act, that were conducted in fiscal funding to States, foreign countries, grant- Safety and Health Review Commission—Sal- year 2011, and for which appropriations, ees, or others, such high initial rates of oper- aries and Expenses’’ at a rate for operations funds, or other authority were made avail- ation or complete distribution shall not be of $14,510,000. able in the following appropriations Acts: made, and no grants shall be awarded for SEC. 136. Sections 399AA(e), 399BB(g), and (1) The Department of Defense Appropria- such programs funded by this Act that would 399CC(f) of the Public Health Service Act (42 tions Act, 2011 (division A of Public Law 112– impinge on final funding prerogatives. U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- 10). SEC. 110. This Act shall be implemented so plied by substituting the date specified in (2) The Full-Year Continuing Appropria- that only the most limited funding action of section 106(3) of this Act for ‘‘September 30, tions Act, 2011 (division B of Public Law 112– that permitted in the Act shall be taken in 2011’’. 10). order to provide for continuation of projects SEC. 137. Notwithstanding section 101, sec- (b) The rate for operations provided by sub- and activities. tion 2005 of division B of Public Law 112–10 section (a) is hereby reduced by 1.503 percent. SEC. 111. (a) For entitlements and other shall be applied by substituting ‘‘$0’’ for each SEC. 102. (a) No appropriation or funds mandatory payments whose budget author- dollar amount. made available or authority granted pursu- ity was provided in appropriations Acts for

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5955 fiscal year 2011, and for activities under the rate for operations not to exceed the rate Homeland Security—Federal Emergency Food and Nutrition Act of 2008, activities permitted by H.R. 2219 (112th Congress) as Management Agency—Disaster Relief’’ at a shall be continued at the rate to maintain passed by the House of Representatives on rate for operations of $2,650,000,000: Provided, program levels under current law, under the July 8, 2011. That the Secretary of Homeland Security authority and conditions provided in the ap- SEC. 118. The authority provided by section shall provide a full accounting of disaster re- plicable appropriations Act for fiscal year 127b of title 10, United States Code, shall lief funding requirements for such account 2011, to be continued through the date speci- continue in effect through the date specified for fiscal year 2012 not later than 15 days fied in section 106(3). in section 106(3) of this Act. after the date of the enactment of this Act, (b) Notwithstanding section 106, obliga- SEC. 119. The authority provided by section and for fiscal year 2013 in conjunction with tions for mandatory payments due on or 1202 of the John Warner National Defense the submission of the President’s budget re- about the first day of any month that begins Authorization Act for Fiscal Year 2007 (Pub- quest for fiscal year 2013. after October 2011 but not later than 30 days lic Law 109–364; 120 Stat. 2412), as extended (b) The accounting described in subsection after the date specified in section 106(3) may by section 1204(b) of the Duncan Hunter Na- (a) for each fiscal year shall include esti- continue to be made, and funds shall be tional Defense Authorization Act for Fiscal mates of the following amounts: available for such payments. Year 2009 (Public Law 110–417; 122 Stat. 4623), (1) The unobligated balance of funds in SEC. 112. Amounts made available under shall continue in effect through the date section 101 for civilian personnel compensa- specified in section 106(3) of this Act. such account that has been (or will be) car- tion and benefits in each department and SEC. 120. Notwithstanding section 101, ried over to such fiscal year from prior fiscal agency may be apportioned up to the rate for amounts are provided for ‘‘Defense Nuclear years. operations necessary to avoid furloughs Facilities Safety Board—Salaries and Ex- (2) The unobligated balance of funds in within such department or agency, con- penses’’ at a rate for operations of $29,130,000. such account that will be carried over from sistent with the applicable appropriations SEC. 121. Notwithstanding any other provi- such fiscal year to the subsequent fiscal Act for fiscal year 2011, except that such au- sion of this Act, except section 106, the Dis- year. trict of Columbia may expend local funds thority provided under this section shall not (3) The amount of the rolling average of under the heading ‘‘District of Columbia be used until after the department or agency non-catastrophic disasters, and the specific Funds’’ for such programs and activities has taken all necessary actions to reduce or data used to calculate such rolling average, under title IV of H.R. 2434 (112th Congress), defer non-personnel-related administrative for such fiscal year. as reported by the Committee on Appropria- expenses. (4) The amount that will be obligated each tions of the House of Representatives, at the SEC. 113. Funds appropriated by this Act month for catastrophic events, delineated by may be obligated and expended notwith- rate set forth under ‘‘District of Columbia event and State, and the total remaining standing section 10 of Public Law 91–672 (22 Funds—Summary of Expenses’’ as included funding that will be required after such fis- U.S.C. 2412), section 15 of the State Depart- in the Fiscal Year 2012 Budget Request Act cal year for each such catastrophic event for of 2011 (D.C. Act 19–92), as modified as of the ment Basic Authorities Act of 1956 (22 U.S.C. each State. date of the enactment of this Act. 2680), section 313 of the Foreign Relations (5) The amount of previously obligated SEC. 122. Notwithstanding section 101, Authorization Act, Fiscal Years 1994 and 1995 funds that will be recovered each month of amounts are provided for the necessary ex- such fiscal year. (22 U.S.C. 6212), and section 504(a)(1) of the penses of the Recovery Accountability and National Security Act of 1947 (50 U.S.C. (6) The amount that will be required in Transparency Board, to carry out its func- such fiscal year for emergencies, as defined 414(a)(1)). tions under title XV of division A of the SEC. 114. (a) Except as provided in sub- in section 102(1) of the Robert T. Stafford American Recovery and Reinvestment Act of section (b), each amount incorporated by ref- Disaster Relief and Emergency Assistance 2009 (Public Law 111–5), at a rate for oper- erence in this Act that was previously des- Act (42 U.S.C. 5122(1)). ations of $28,350,000. ignated as being for contingency operations (7) The amount that will be required in SEC. 123. (a) Section 9(m) of the Small such fiscal year for major disasters, as de- directly related to the global war on ter- Business Act (15 U.S.C. 638(m)) shall be ap- rorism pursuant to section 3(c)(2) of H. Res. fined in section 102(2) of the Robert T. Staf- plied by substituting the date specified in ford Disaster Relief and Emergency Assist- 5 (112th Congress) and as an emergency re- section 106(3) of this Act for ‘‘September 30, quirement pursuant to section 403(a) of S. ance Act (42 U.S.C. 5122(2)). 2011’’. (8) The amount that will be required in Con. Res. 13 (111th Congress), the concurrent (b) Notwithstanding section 9(n)(1)(A) of such fiscal year for fire management assist- resolution on the budget for fiscal year 2010, the Small Business Act (15 U.S.C. ance grants, as defined in section 420 of the is designated by the Congress for Overseas 638(n)(1)(A)), the Small Business Technology Robert T. Stafford Disaster Relief and Emer- Contingency Operations/Global War on Ter- Transfer Program shall continue in effect gency Assistance Act (42 U.S.C. 5187). rorism pursuant to section 251(b)(2)(A) of the through the date specified in section 106(3) of Balanced Budget and Emergency Deficit this Act. SEC. 127. Any funds made available pursu- Control Act of 1985, except that such amount (c) Notwithstanding section 9(y)(6) of the ant to section 101 for the Department of shall be available only if the President sub- Small Business Act (15 U.S.C. 638(y)(6)), the Homeland Security may be obligated at a sequently so designates such amount and pilot program under section 9(y) of such Act rate for operations necessary to sustain es- transmits such designation to the Congress. shall continue in effect through the date sential security activities, such as: staffing Section 101(b) of this Act shall not apply to specified in section 106(3) of this Act. levels of operational personnel; immigration any amount so designated. SEC. 124. Section 8909a(d)(3)(A)(v) of title 5, enforcement and removal functions, includ- (b) Subsection (a) shall not apply to United States Code, is amended by striking ing sustaining not less than necessary deten- amounts for ‘‘Department of Justice—Fed- ‘‘September 30, 2011’’ and inserting the date tion bed capacity; and United States Secret eral Bureau of Investigation—Salaries and specified in section 106(3) of this Act. Service protective activities, including pro- Expenses’’. SEC. 125. (a) Notwithstanding any other tective activities necessary to secure Na- SEC. 115. During the period covered by this provision of this Act, effective on the date of tional Special Security Events. The Sec- Act, discretionary amounts appropriated for the enactment of this Act, there is appro- retary of Homeland Security shall notify the fiscal year 2012 that were provided in ad- priated— Committees on Appropriations of the House vance by appropriations Acts shall be avail- (1) an additional amount for ‘‘Department of Representatives and the Senate on each able in the amounts provided in such Acts, of Homeland Security—Federal Emergency use of the authority provided in this section. reduced by the percentage in section 101(b). Management Agency—Disaster Relief’’, SEC. 116. Notwithstanding section 101, $774,000,00, to remain available until ex- SEC. 128. The authority provided by section amounts made available by this Act for ‘‘De- pended; and 532 of Public Law 109–295 shall continue in ef- partment of Defense—Operation and Mainte- (2) an additional amount for ‘‘Corps of En- fect through the date specified in section nance—Operation and Maintenance, Air gineers-Civil—Flood Control and Coastal 106(3) of this Act. Force’’ may be used by the Secretary of De- Emergencies’’, $226,000,00, to remain avail- SEC. 129. The authority provided by section fense for operations and activities of the Of- able until expended. 831 of the Homeland Security Act of 2002 (6 fice of Security Cooperation in Iraq and se- (b) The amount made available by this sec- U.S.C. 391) shall continue in effect through curity assistance teams, including life sup- tion for the Corps of Engineers—Civil shall the date specified in section 106(3) of this port, transportation and personal security, be for emergency expenses for repair of dam- Act. and facilities renovation and construction: age caused by the storm and flood events oc- SEC. 130. Section 550(b) of the Department Provided, That the authority made by this curring in 2011. of Homeland Security Appropriations Act, section shall continue in effect through the (c) Each amount in this section is des- 2007 (6 U.S.C. 121 note) shall be applied by date specified in section 106(3) of this Act: ignated as an emergency pursuant to section substituting the date specified in section Provided further, That section 9014 of division 3(c)(1) of H. Res. 5 (112th Congress) and as an 106(3) of this Act for ‘‘October 4, 2011’’. A of Public Law 112–10 shall not apply to emergency requirement pursuant to section funds appropriated by this Act. 403(a) of S. Con. Res. 13 (111th Congress), the SEC. 131. Sections 1309(a) and 1319 of the SEC. 117. Notwithstanding section 101, concurrent resolution on the budget for fis- National Flood Insurance Act of 1968 (42 funds made available in title IX of division A cal year 2010. U.S.C. 4016(a) and 4026) shall be applied by of Public Law 112–10 for ‘‘Overseas Contin- SEC. 126. (a) Notwithstanding section 101, substituting the date specified in section gency Operations’’ shall be available at a amounts are provided for ‘‘Department of 106(3) of this Act for ‘‘September 30, 2011’’.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5956 CONGRESSIONAL RECORD — SENATE September 23, 2011 SEC. 132. Section 330 of the Department of for an additional temporary extension Nos. 371, 372, 373, 374, 375, 376, 377, 378, the Interior and Related Agencies Appropria- of programs under the Small Business 379, 381, 382, 383, 384, 385, 386, 387, 388, tions Act, 2001 (42 U.S.C. 1701 note), con- Act and the Small Business Investment 389, 390, 391, 392, 393, 394, 395, 396, 397, cerning Service First authorities, shall con- Act of 1958, and for other purposes; as 398, 399, 400, 401, 402, and all nomina- tinue in effect through the date specified in section 106(3) of this Act. follows: tions placed on the Secretary’s desk in SEC. 133. Notwithstanding section 101, sec- At the end, add the following new section: the Air Force, Army, Marine Corps, tion 1807 of Public Law 112–10 shall be ap- Section ll and Navy; that the nominations be plied by substituting ‘‘$374,743,000’’ for This Act shall become effective 3 days confirmed en bloc; the motions to re- ‘‘$363,843,000’’ and ‘‘$10,900,000’’ for after enactment. consider be considered made and laid ‘‘$3,000,000’’. upon the table, with no intervening ac- SEC. 134. The second proviso of section SA 659. Mr. REID proposed an amend- tion or debate; that no further motions 1801(a)(3) of Public Law 112–10 is amended by ment to amendment SA 658 proposed be in order to any of the nominations; striking ‘‘appropriation under this subpara- by Mr. REID to the bill H.R. 2608, to that any related statements be printed graph’’ and inserting ‘‘appropriations made provide for an additional temporary ex- in the RECORD; that the President be available by this Act’’. tension of programs under the Small SEC. 135. Notwithstanding section 101, immediately notified of the Senate’s amounts are provided for ‘‘Federal Mine Business Act and the Small Business action and the Senate then resume leg- Safety and Health Review Commission—Sal- Investment Act of 1958, and for other islative session. aries and Expenses’’ at a rate for operations purposes; as follows: The PRESIDING OFFICER. Without of $14,510,000. In the amendment, strike ‘‘3 days’’ and in- objection, it is so ordered. SEC. 136. Sections 399AA(e), 399BB(g), and sert ‘‘2 days’’. The nominations considered and con- 399CC(f) of the Public Health Service Act (42 firmed en bloc are as follows: U.S.C. 280i(e), 280i–1(g), 280i–2(f)) shall be ap- SA 660. Mr. REID proposed an amend- plied by substituting the date specified in ment to amendment SA 659 proposed DEPARTMENT OF DEFENSE Ashton B. Carter, of Massachusetts, to be section 106(3) of this Act for ‘‘September 30, by Mr. REID to the amendment SA 658 2011’’. Deputy Secretary of Defense. proposed by Mr. REID to the bill H.R. SEC. 137. Notwithstanding section 101, sec- IN THE AIR FORCE tion 2005 of division B of Public Law 112–10 2608, to provide for an additional tem- porary extension of programs under the The following named officer for appoint- shall be applied by substituting ‘‘$0’’ for each ment in the United States Air Force to the dollar amount. Small Business Act and the Small grade indicated under title 10, U.S.C., section SEC. 138. The Export-Import Bank Act of Business Investment Act of 1958, and 624: 1945 (12 U.S.C. 635 et seq.) shall be applied by for other purposes; as follows: To be brigadier general substituting the date specified in section In the amendment, strike ‘‘2 days’’ and in- Col. Timothy J. Leahy 106(3) of this Act for ‘‘September 30, 2011’’ in sert ‘‘1 day’’. section 7 of such Act. IN THE NAVY SEC. 139. Section 209 of the International f The following named officer for appoint- Religious Freedom Act of 1998 (22 U.S.C. 6436) AUTHORITY FOR COMMITTEES TO ment in the United States Navy to the grade shall be applied by substituting the date MEET indicated under title 10, U.S.C., section 624: specified in section 106(3) of this Act for To be rear admiral (lower half) ‘‘September 30, 2011’’. COMMITTEE ON HOMELAND SECURITY AND Capt. Rebecca J. McCormick-Boyle SEC. 140. Commitments to guarantee loans GOVERNMENTAL AFFAIRS The following named officer for appoint- incurred under the General and Special Risk Ms. LANDRIEU. Mr. President, I ask Insurance Funds, as authorized by sections ment in the United States Navy to the grade 238 and 519 of the National Housing Act (12 unanimous consent that the Com- indicated under title 10, U.S.C., section 624: U.S.C. 1715z–3 and 1735c), shall not exceed a mittee on Homeland Security and Gov- To be rear admiral (lower half) ernmental Affairs be authorized to rate for operations of $25,000,000,000: Provided, Capt. Raquel C. Bono That total loan principal, any part of which meet during the session of the Senate IN THE AIR FORCE is to be guaranteed, may be apportioned on September 23, 2011, at 10 a.m. through the date specified in section 106(3) of The PRESIDING OFFICER. Without The following named officer for appoint- ment in the United States Air Force to the this Act, at $80,000,000 multiplied by the objection, it is so ordered. number of days covered in this Act. grade indicated while assigned to a position SEC. 141. (a) RENEWAL OF IMPORT RESTRIC- f of importance and responsibility under title 10, U.S.C., section 601: TIONS UNDER BURMESE FREEDOM AND DEMOC- EXECUTIVE SESSION RACY ACT OF 2003.— To be lieutenant general (1) IN GENERAL.—Congress approves the re- Maj. Gen. Jan-Marc Jouas newal of the import restrictions contained in IN THE ARMY section 3(a)(1) and section 3A (b)(1) and (c)(1) NOMINATIONS DISCHARGED The following named officer for appoint- of the Burmese Freedom and Democracy Act Mr. REID. Mr. President, I ask unan- ment as The Surgeon General, United States of 2003. imous consent that the Senate proceed Army, and appointment to the grade indi- (2) RULE OF CONSTRUCTION.—This section to executive session and the HELP cated while assigned to a position of impor- shall be deemed to be a ‘‘renewal resolution’’ Committee be discharged from further tance and responsibility under title 10, for purposes of section 9 of the Burmese U.S.C., sections 601 and 3036: Freedom and Democracy Act of 2003. consideration of PN–924, 567 nomina- (b) EFFECTIVE DATE.—This section shall tions in the Public Health Service re- To be lieutenant general take effect on July 26, 2011. ceived by the Senate on September 8, Maj. Gen. Patricia D. Horoho (c) APPLICABILITY.—This section shall not 2011, beginning with Aysha Z. Akhtar IN THE NAVY be subject to any other provision of this Act. and ending with Mykah N. Wynter; The following named officer for appoint- This Act may be cited as the ‘‘Continuing that the nominations be confirmed en ment in the United States Navy to the grade Appropriations Act, 2012’’. bloc, the motions to reconsider be con- indicated under title 10, U.S.C., section 624: sidered made and laid upon the table, SA 657. Mr. REID proposed an amend- To be rear admiral with no intervening action or debate; ment to amendment SA 656 proposed Rear Adm. (lh) Douglas J. Venlet that no further motions be in order to by Mr. REID to the bill H.R. 2608, to The following named officer for appoint- the nominations; that any related provide for an additional temporary ex- ment in the United States Navy to the grade statements be printed in the RECORD; tension of programs under the Small indicated under title 10, U.S.C., section 624: and that the President be immediately Business Act and the Small Business To be rear admiral notified of the Senate’s action. Investment Act of 1958, and for other Rear Adm. (lh) David C. Johnson The PRESIDING OFFICER. Without purposes; as follows: The following named officer for appoint- objection, it is so ordered. ment in the United States Navy to the grade At the end, add the following new section: indicated under title 10, U.S.C., section 624: Section ll f To be rear admiral This Act shall become effective 4 days EXECUTIVE CALENDAR after enactment. Rear Adm. (lh) Donald E. Gaddis Mr. REID. Mr. President, I ask unan- The following named officer for appoint- SA 658. Mr. REID proposed an amend- imous consent that the Senate consider ment in the United States Navy to the grade ment to the bill H.R. 2608, to provide the following nominations: Calendar indicated under title 10, U.S.C., section 624:

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To be rear admiral (lower half) Reserve of the Air Force to the grade indi- IN THE ARMY Capt. Mark R. Whitney cated under title 10, U.S.C., sections 12203 The following named officer for appoint- and 12212: The following named officer for appoint- ment in the United States Army to the grade ment in the United States Navy to the grade To be major general indicated while assigned to a position of im- indicated under title 10, U.S.C., section 624: Brigadier General Joseph G. Balskus portance and responsibility under title 10, To be rear admiral (lower half) Brigadier General William S. Hadaway, III U.S.C., section 601: To be lieutenant general Capt. Cindy L. Jaynes Brigadier General Mark R. Kraus Brigadier General Catherine S. Lutz Maj. Gen. Raymond V. Mason IN THE AIR FORCE IN THE ARMY The following named officer for appoint- The following named officer for appoint- ment in the United States Air Force to the The following named officer for appoint- ment in the United States Army to the grade grade indicated while assigned to a position ment in the United States Army to the grade indicated while assigned to a position of im- of importance and responsibility under title indicated while assigned to a position of im- portance and responsibility under title 10, 10, U.S.C., section 601: portance and responsibility under title 10, U.S.C., section 601; and to be a Senior Mem- U.S.C., section 601: ber of the Military Staff Committee of the To be lieutenant general To be lieutenant general United Nations under title 10, U.S.C., section Maj. Gen. Judith A. Fedder 711: Maj. Gen. James L. Terry IN THE ARMY To be lieutenant general The following named officer for appoint- The following named officer for appoint- Maj. Gen. Terry A. Wolff ment in the United States Army to the grade ment in the United States Army to the grade NOMINATIONS PLACED ON THE SECRETARY’S indicated while assigned to a position of im- indicated while assigned to a position of im- DESK portance and responsibility under title 10, portance and responsibility under title 10, U.S.C., section 601: U.S.C., section 601: IN THE AIR FORCE To be lieutenant general To be lieutenant general PN789 AIR FORCE nominations (75) begin- ning DAVID B. BARKER, and ending AN- Maj. Gen. Michael T. Flynn Maj. Gen. William T. Grisoli GELA M. YUHAS, which nominations were IN THE AIR FORCE The following named officer for appoint- ment in the Reserve of the Army to the received by the Senate and appeared in the The following named officer for appoint- grade indicated under title 10, U.S.C., section Congressional Record of July 20, 2011. ment in the United States Air Force to the PN913 AIR FORCE nominations (4) begin- 12203: grade indicated under title 10, U.S.C., section ning MARK W. DUFF, and ending BRYAN A. 624: To be major general WILLIAMS, which nominations were re- To be major general Brig. Gen. Margaret W. Boor ceived by the Senate and appeared in the Brig. Gen. Scott M. Hanson The following Army National Guard of the Congressional Record of September 6, 2011. PN914 AIR FORCE nominations (4) begin- The following named officer for appoint- United States officer for appointment in the Reserve of the Army to the grade indicated ning CHAD J. CARDA, and ending BARRY J. ment in the United States Air Force to the VAN SICKLE, which nominations were re- grade indicated while assigned to a position under title 10, U.S.C., sections 12203 and 12211: ceived by the Senate and appeared in the of importance and responsibility under 10, Congressional Record of September 6, 2011. To be brigadier general U.S.C., section 601: PN926 AIR FORCE nomination of Chris- To be lieutenant general Col. Raphael G. Peart topher J. Oleksa, which was received by the Maj. Gen. Clyde D. Moore, II The following Army National Guard of the Senate and appeared in the Congressional IN THE NAVY United States officer for appointment in the Record of September 8, 2011. Reserve of the Army to the grade indicated PN927 AIR FORCE nomination of Arthur The following named officer for appoint- under title 10, U.S.C., sections 12203 and L. Bouck, which was received by the Senate ment in the United States Navy to the grade 12211: and appeared in the Congressional Record of indicated while assigned to a position of im- September 8, 2011. portance and responsibility under title 10, To be major general PN928 AIR FORCE nomination of Tamala U.S.C., section 601: Brig. Gen. Terry M. Haston L. Gulley, which was received by the Senate To be admiral IN THE NAVY and appeared in the Congressional Record of Vice Adm. Cecil E.D. Haney The following named officer for appoint- September 8, 2011. IN THE ARMY ment in the United States Navy to the grade PN929 AIR FORCE nomination of Michael The following Army National Guard of the indicated while assigned to a position of im- H. Heuer, which was received by the Senate United States officer for appointment in the portance and responsibility under title 10, and appeared in the Congressional Record of Reserve of the Army to the grade indicated U.S.C., section 601: September 8, 2011. under title 10, U.S.C., sections 12203 and To be vice admiral IN THE ARMY 12211: Rear Adm. Michael S. Rogers PN877 ARMY nominations (6) beginning To be brigadier general The following named officer for appoint- LARRY W. DOTSON, and ending DAMIAN K. Col. Robert F. Thomas ment in the United States Navy to the grade WADDELL, which nominations were re- ceived by the Senate and appeared in the IN THE AIR FORCE indicated while assigned to a position of im- portance and responsibility under title 10, Congressional Record of August 2, 2011. The following Air National Guard of the U.S.C., section 601: PN878 ARMY nomination of Jack M. United States officer for appointment in the Markusfeld, which was received by the Sen- Reserve of the Air Force to the grade indi- To be vice admiral ate and appeared in the Congressional cated under title 10, U.S.C., sections 12203 Rear Adm. Frank C. Pandolfe Record of August 2, 2011. and 12212: IN THE AIR FORCE PN879 ARMY nomination of Stephen R. To be major general The following Air National Guard of the Taylor, which was received by the Senate Brig. Gen. Allyson R. Solomon United States officers for appointment in the and appeared in the Congressional Record of Reserve of the Air Force to the grade indi- August 2, 2011. The following Air National Guard of the PN880 ARMY nomination of Hal D. Baird, cated under title 10, U.S.C., sections 12203 United States officer for appointment in the which was received by the Senate and ap- and 12212: Reserve of the Air Force to the grade indi- peared in the Congressional Record of Au- cated under title 10, U.S.C., sections 12203 To be brigadier general gust 2, 2011. and 12212: Colonel Randall R. Ball PN930 ARMY nomination of James E. Orr, To be brigadier general Colonel John P. Bartholf which was received by the Senate and ap- Col. Gary W. Keefe Colonel Steven J. Berryhill peared in the Congressional Record of Sep- The following Air National Guard of the Colonel Gretchen S. Dunkelberger tember 8, 2011. United States officers for appointment in the Colonel Greg A. Haase PN931 ARMY nominations (9) beginning Reserve of the Air Force to the grade indi- Colonel Scott L. Kelly STEVEN A. CHAMBERS, and ending JAMES cated under title 10, U.S.C., sections 12203 Colonel Maureen McCarthy P. WALDRON, which nominations were re- and 12212: Colonel Mark A. McCauley ceived by the Senate and appeared in the Colonel Marsa L. Mitchell Congressional Record of September 8, 2011. To be brigadier general Colonel Harry D. Montgomery, Jr. PN932 ARMY nominations (7) beginning Colonel Frederik G. Hartwig Colonel Jon K. Mott SUSAN M. CAMORODA, and ending Colonel Donald L. Johnson Colonel Brian C. Newby GERSON S. VALLES, which nominations Colonel Kenneth W. Wisian Colonel David W. Newman were received by the Senate and appeared in The following Air National Guard of the Colonel David Snyder the Congressional Record of September 8, United States officers for appointment in the Colonel Dean L. Winslow 2011.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5958 CONGRESSIONAL RECORD — SENATE September 23, 2011 PN942 ARMY nomination of Hyun S. Sim, tions were received by the Senate and ap- PN960 NAVY nominations (131) beginning which was received by the Senate and ap- peared in the Congressional Record of Sep- HECTOR ACEVEDO, and ending JAY peared in the Congressional Record of Sep- tember 15, 2011. ZULUETA, which nominations were received tember 14, 2011. PN977 ARMY nominations (7) beginning by the Senate and appeared in the Congres- PN943 ARMY nomination of Olga Betan- MATTHEW J. CONDE, and ending VICTOR sional Record of September 14, 2011. court, which was received by the Senate and M. PALOMARES, which nominations were PN961 NAVY nominations (72) beginning appeared in the Congressional Record of Sep- received by the Senate and appeared in the JAVIER ARAUJO, and ending RAYMOND C. tember 14, 2011. Congressional Record of September 15, 2011. YAU, which nominations were received by PN944 ARMY nomination of Michael C. PN978 ARMY nominations (34) beginning the Senate and appeared in the Congres- Freidl, which was received by the Senate and LEE A. ADAMS, and ending MARK A. sional Record of September 14, 2011. appeared in the Congressional Record of Sep- YOUNG, which nominations were received by PN962 NAVY nominations (25) beginning tember 14, 2011. the Senate and appeared in the Congres- THOMAS T. COOK, and ending LEROY C. PN945 ARMY nomination of Natacha L. sional Record of September 15, 2011. YOUNG, which nominations were received by Miller, which was received by the Senate and PN979 ARMY nominations (3) beginning the Senate and appeared in the Congres- appeared in the Congressional Record of Sep- KATHIE S. CLARK, and ending NANCY L. sional Record of September 14, 2011. tember 14, 2011. MCLAUGHLIN, which nominations were re- PN963 NAVY nominations (36) beginning PN946 ARMY nomination of Benjamin D. ceived by the Senate and appeared in the ADNAN S. AHSAN, and ending REBECCA L. Owen, which was received by the Senate and Congressional Record of September 15, 2011. WALDRAM, which nominations were re- appeared in the Congressional Record of Sep- PN980 ARMY nominations (8) beginning ceived by the Senate and appeared in the tember 14, 2011. LYNN R. GAYLORD, and ending VICKI L. Congressional Record of September 14, 2011. PN947 ARMY nominations (5) beginning NOLIN, which nominations were received by PN964 NAVY nominations (9) beginning HEIDI J. COX, and ending MARK A. RICH, the Senate and appeared in the Congres- FABIO O. AUSTRIA, JR., and ending which nominations were received by the Sen- sional Record of September 15, 2011. DONNA L. SMOAK, which nominations were PN981 ARMY nominations (3) beginning ate and appeared in the Congressional received by the Senate and appeared in the NATHAN W. BLACK, and ending TROY G. Record of September 14, 2011. Congressional Record of September 14, 2011. PN948 ARMY nominations (4) beginning DANDERSON, which nominations were re- COLIN A. BITTERFIELD, and ending ceived by the Senate and appeared in the f Congressional Record of September 15, 2011. ANDREAS W. WOOTEN, which nominations LEGISLATIVE SESSION were received by the Senate and appeared in IN THE MARINE CORPS the Congressional Record of September 14, PN237 MARINE CORPS nominations (610) The PRESIDING OFFICER. The Sen- 2011. beginning PAUL M. ABOUD, and ending ate will now resume legislative session. PN949 ARMY nominations (26) beginning RICHARD M. ZJAWIN, which nominations f RICHARD J. ALLINGER, and ending MAR- were received by the Senate and appeared in GARET A. YOUNGBLOOD, which nomina- the Congressional Record of February 3, 2011. AUTHORIZATION OF TESTIMONY tions were received by the Senate and ap- PN936 MARINE CORPS nomination of peared in the Congressional Record of Sep- John L. Hyatt, Jr., which was received by Mr. REID. Mr. President, I ask unan- tember 14, 2011. the Senate and appeared in the Congres- imous consent that the Senate proceed PN950 ARMY nominations (8) beginning sional Record of September 8, 2011. to the consideration of S. Res. 282, sub- BRIAN R. BENJAMIN, and ending MARK D. IN THE NAVY mitted earlier today. YOUNG, which nominations were received by PN372 NAVY nomination of Paul E. The PRESIDING OFFICER. Without the Senate and appeared in the Congres- Schoenbucher, Jr., which was received by the objection, it is so ordered. sional Record of September 14, 2011. Senate and appeared in the Congressional The clerk will report. PN951 ARMY nominations (11) beginning Record of March 30, 2011. TERESE B. ACOCELLA, and ending GARY The assistant legislative clerk read PN881 NAVY nomination of John N. as follows: L. WILLIAMSON, which nominations were Desverreaux, which was received by the Sen- received by the Senate and appeared in the ate and appeared in the Congressional A resolution (S. Res. 282) to authorize tes- Congressional Record of September 14, 2011. Record of August 2, 2011. timony in Kanelos v. Mohave, et al., and PN952 ARMY nominations (51) beginning PN915 NAVY nomination of David D. Zanna, et al. v. Mohave County, et al. MICHAEL D. ALPERIN, and ending DAVID Dinkins, which was received by the Senate There being no objection, the Senate S. WILLIAMS, which nominations were re- and appeared in the Congressional Record of ceived by the Senate and appeared in the proceeded to consider the resolution. September 6, 2011. Mr. REID. Mr. President, this resolu- Congressional Record of September 14, 2011. PN933 NAVY nomination of Kevin J. Oli- PN953 ARMY nominations (19) beginning ver, which was received by the Senate and tion concerns a request for testimony CLAYTON T. ABE, and ending TERRENCE appeared in the Congressional Record of Sep- in related civil actions pending in Ari- A. SMITH, which nominations were received tember 8, 2011. zona Federal district court. In these by the Senate and appeared in the Congres- PN934 NAVY nominations (3) beginning actions, plaintiffs claim that Arizona sional Record of September 14, 2011. MICHAEL FORTUNATO, and ending MAT- local officials hosting a Senator PN954 ARMY nominations (6) beginning THEW T. WELLOCK, which nominations McCain town hall meeting allegedly GEORGE V. HANKEWYCZ, and ending were received by the Senate and appeared in violated plaintiffs’ rights by prohib- HENRY K. THOMAS, which nominations the Congressional Record of September 8, were received by the Senate and appeared in 2011. iting their distribution of political lit- the Congressional Record of September 14, PN935 NAVY nominations (484) beginning erature at the meeting and subse- 2011. JOSEPH H. ADAMS, II, and ending JEREMY quently enacting a policy limiting the PN955 ARMY nominations (15) beginning S. YARBROUGH, which nominations were use of county facilities to the conduct JOHN F. BOWLEY, and ending MAUREEN E. received by the Senate and appeared in the of official government business. The WEBER, which nominations were received Congressional Record of September 8, 2011. defendants have requested a declara- by the Senate and appeared in the Congres- PN956 NAVY nominations (242) beginning tion from a member of Senator sional Record of September 14, 2011. DAMON M. ARMSTRONG, and ending PN972 ARMY nomination of Kelly A. MARISOL C. ZIEMBA, which nominations MCCAIN’s staff who witnessed relevant Cricks, which was received by the Senate were received by the Senate and appeared in events. Senator MCCAIN would like to and appeared in the Congressional Record of the Congressional Record of September 14, cooperate with this request. This reso- September 15, 2011. 2011. lution would authorize testimony in PN973 ARMY nomination of Damian G. PN957 NAVY nominations (39) beginning connection with these actions. McCabe, which was received by the Senate JAMES P. ALDERETE, II, and ending SETH Mr. President, I ask unanimous con- and appeared in the Congressional Record of T. WILLIAMS, which nominations were re- sent that the resolution be agreed to, September 15, 2011. ceived by the Senate and appeared in the PN974 ARMY nomination of John R. Congressional Record of September 14, 2011. the preamble be agreed to, the motions Pendergrass, which was received by the Sen- PN958 NAVY nominations (131) beginning to reconsider laid upon the table, with- ate and appeared in the Congressional SAAD M. ALAZIZ, and ending MICHAEL A. out any intervening action or debate, Record of September 15, 2011. ZUNDEL, which nominations were received and that any statements relating to PN975 ARMY nominations (3) beginning by the Senate and appeared in the Congres- the resolution be printed in the ROBERT D. BLACK, and ending TRUDY A. sional Record of September 14, 2011. RECORD. SALERNO, which nominations were received PN959 NAVY nominations (22) beginning The PRESIDING OFFICER. Without by the Senate and appeared in the Congres- MICHAEL W. BLOOMROSE, and ending sional Record of September 15, 2011. CHRISTOPHER P. TOSCANO, which nomi- objection, it is so ordered. PN976 ARMY nominations (4) beginning nations were received by the Senate and ap- The resolution (S. Res. 282) was JAMES A. CHRISTENSEN, and ending peared in the Congressional Record of Sep- agreed to. KATHLEEN A. WILLIAMS, which nomina- tember 14, 2011. The preamble was agreed to.

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — SENATE S5959 The resolution, with its preamble, the Senate adjourn under the previous THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED reads as follows: order, with the understanding that the UNDER TITLE 10, U.S.C., SECTION 624: S. RES. 282 vote at 5:30 Monday will be continued To be rear admiral Whereas, in the cases of Kanelos v. County more than the normal time, but people REAR ADM. (LH) DAVID C. JOHNSON of Mohave, et al., Civ. No. 10–8099 (D. Ariz.) need to be reasonable. We cannot leave THE FOLLOWING NAMED OFFICER FOR APPOINTMENT and Zanna, et al. v. Mohave County, et al., it open forever. IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: Civ. No. 10–8149 (D. Ariz.), pending in federal There being no objection, the Senate, To be rear admiral district court in Arizona, the defendants at 3:59 p.m., adjourned until Monday, have requested that a declaration be sub- September 26, 2011, at 3:30 p.m. REAR ADM. (LH) DONALD E. GADDIS mitted by Gina Gormley, an employee of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Senator John McCain; f IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: Whereas, by the privileges of the Senate of NOMINATIONS the United States and Rule XI of the Stand- To be rear admiral (lower half) ing Rules of the Senate, no evidence under Executive nominations received by CAPT. MARK R. WHITNEY the control or in the possession of the Senate the Senate: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEPARTMENT OF HOUSING AND URBAN IN THE UNITED STATES NAVY TO THE GRADE INDICATED may, by the judicial or administrative proc- UNDER TITLE 10, U.S.C., SECTION 624: ess, be taken from such control or possession DEVELOPMENT To be rear admiral (lower half) but by permission of the Senate; and MAURICE A. JONES, OF VIRGINIA, TO BE DEPUTY SEC- Whereas, when it appears that evidence RETARY OF HOUSING AND URBAN DEVELOPMENT, VICE CAPT. CINDY L. JAYNES under the control or in the possession of the RONALD C. SIMS, RETIRED. IN THE AIR FORCE Senate may promote the administration of DEPARTMENT OF THE TREASURY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT justice, the Senate will take such action as MATTHEW S. RUTHERFORD, OF ILLINOIS, TO BE AN AS- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- will promote the ends of justice consistent SISTANT SECRETARY OF THE TREASURY, VICE MARY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JOHN MILLER. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION with the privileges of the Senate: Now, 601: therefore, be it Resolved, That Gina Gormley f To be lieutenant general is authorized to testify in the cases of DISCHARGED NOMINATIONS Kanelos v. County of Mohave, et al. and MAJ. GEN. JUDITH A. FEDDER Zanna, et al. v. Mohave County et al., except The Senate Committee on Health, IN THE ARMY concerning matters for which a privilege Education, Labor, and Pensions was THE FOLLOWING NAMED OFFICER FOR APPOINTMENT should be asserted. IN THE UNITED STATES ARMY TO THE GRADE INDICATED discharged from further consideration WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND f of the following nominations by unani- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: mous consent and the nominations To be lieutenant general ORDERS FOR MONDAY, were confirmed: SEPTEMBER 26, 2011 MAJ. GEN. MICHAEL T. FLYNN PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING IN THE AIR FORCE Mr. REID. Mr. President, I ask unan- WITH AYSHA Z. AKHTAR AND ENDING WITH MYKAH N. WYNTER, WHICH NOMINATIONS WERE RECEIVED BY THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT imous consent that when the Senate SENATE AND APPEARED IN THE CONGRESSIONAL IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- completes its business today, it ad- RECORD ON SEPTEMBER 8, 2011. CATED UNDER TITLE 10, U.S.C., SECTION 624: journ until 3:30 p.m., Monday, Sep- f To be major general tember 26; that following the prayer CONFIRMATIONS BRIG. GEN. SCOTT M. HANSON and the pledge, the Journal of pro- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Executive nominations confirmed by IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ceedings be approved to date, the CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE morning hour be deemed to have ex- the Senate September 23, 2011: AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION pired, the time for the two leaders be DEPARTMENT OF DEFENSE 601: To be lieutenant general reserved for their use later in the day; ASHTON B. CARTER, OF MASSACHUSETTS, TO BE DEP- that following any leader remarks, the UTY SECRETARY OF DEFENSE. MAJ. GEN. CLYDE D. MOORE II Senate be in period of morning busi- IN THE AIR FORCE IN THE NAVY ness until 4:30 p.m., with Senators per- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE UNITED STATES NAVY TO THE GRADE INDICATED mitted to speak therein for up to 10 CATED UNDER TITLE 10, U.S.C., SECTION 624: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND minutes each; and that following morn- To be brigadier general RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be admiral ing business, the Senate resume consid- COL. TIMOTHY J. LEAHY eration of the motion to concur with IN THE NAVY VICE ADM. CECIL E. D. HANEY respect to the House message to ac- IN THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT company H.R. 2608, which is the vehicle IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING ARMY NATIONAL GUARD OF THE for the continuing resolution and the UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- To be rear admiral (lower half) SERVE OF THE ARMY TO THE GRADE INDICATED UNDER FEMA funding, with the time until 5:30 TITLE 10, U.S.C., SECTIONS 12203 AND 12211: p.m. equally divided and controlled be- CAPT. REBECCA J. MCCORMICK-BOYLE To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT tween the two leaders or their des- COL. ROBERT F. THOMAS ignees; further, that the second-degree IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE AIR FORCE filing deadline for the motion to con- To be rear admiral (lower half) cur be at 5 p.m. on Monday. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED CAPT. RAQUEL C. BONO STATES OFFICER FOR APPOINTMENT IN THE RESERVE The PRESIDING OFFICER. Without OF THE AIR FORCE TO THE GRADE INDICATED UNDER IN THE AIR FORCE objection, it is so ordered. TITLE 10, U.S.C., SECTIONS 12203 AND 12212: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major general f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRIG. GEN. ALLYSON R. SOLOMON PROGRAM AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 601: STATES OFFICER FOR APPOINTMENT IN THE RESERVE Mr. REID. Mr. President, the next To be lieutenant general OF THE AIR FORCE TO THE GRADE INDICATED UNDER rollcall vote will be at 5:30 p.m. Mon- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: MAJ. GEN. JAN-MARC JOUAS day on the motion to invoke cloture on To be brigadier general IN THE ARMY the motion to concur in the House mes- COL. GARY W. KEEFE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED sage to accompany H.R. 2608 with an AS THE SURGEON GENERAL, UNITED STATES ARMY, AND STATES OFFICERS FOR APPOINTMENT IN THE RESERVE amendment, which is basically a 6- APPOINTMENT TO THE GRADE INDICATED WHILE AS- OF THE AIR FORCE TO THE GRADE INDICATED UNDER week continuing resolution to fund the SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- TITLE 10, U.S.C., SECTIONS 12203 AND 12212: BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 3036: To be brigadier general government, together with FEMA. To be lieutenant general COLONEL FREDERIK G. HARTWIG f MAJ. GEN. PATRICIA D. HOROHO COLONEL DONALD L. JOHNSON COLONEL KENNETH W. WISIAN IN THE NAVY ADJOURNMENT UNTIL MONDAY, THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED SEPTEMBER 26, 2011, AT 3:30 P.M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STATES OFFICERS FOR APPOINTMENT IN THE RESERVE IN THE UNITED STATES NAVY TO THE GRADE INDICATED OF THE AIR FORCE TO THE GRADE INDICATED UNDER Mr. REID. Mr. President, if there is UNDER TITLE 10, U.S.C., SECTION 624: TITLE 10, U.S.C., SECTIONS 12203 AND 12212: no further business to come before the To be rear admiral To be major general Senate, I ask unanimous consent that REAR ADM. (LH) DOUGLAS J. VENLET BRIGADIER GENERAL JOSEPH G. BALSKUS

VerDate Mar 15 2010 01:36 Jun 03, 2012 Jkt 099060 PO 00000 Frm 00039 Fmt 0624 Sfmt 9801 E:\RECORD11\RECFILES\SEPT\S23SE1.REC S23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S5960 CONGRESSIONAL RECORD — SENATE September 23, 2011

BRIGADIER GENERAL WILLIAM S. HADAWAY III NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE BRIGADIER GENERAL MARK R. KRAUS PEARED IN THE CONGRESSIONAL RECORD ON JULY 20, SENATE AND APPEARED IN THE CONGRESSIONAL BRIGADIER GENERAL CATHERINE S. LUTZ 2011. RECORD ON SEPTEMBER 15, 2011. AIR FORCE NOMINATIONS BEGINNING WITH MARK W. ARMY NOMINATIONS BEGINNING WITH MATTHEW J. IN THE ARMY DUFF AND ENDING WITH BRYAN A. WILLIAMS, WHICH CONDE AND ENDING WITH VICTOR M. PALOMARES, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE IN THE UNITED STATES ARMY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND APPEARED IN THE CONGRESSIONAL RECORD ON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TEMBER 6, 2011. SEPTEMBER 15, 2011. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AIR FORCE NOMINATIONS BEGINNING WITH CHAD J. ARMY NOMINATIONS BEGINNING WITH LEE A. ADAMS CARDA AND ENDING WITH BARRY J. VAN SICKLE, WHICH AND ENDING WITH MARK A. YOUNG, WHICH NOMINA- To be lieutenant general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON SEP- MAJ. GEN. JAMES L. TERRY IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2011. TEMBER 6, 2011. ARMY NOMINATIONS BEGINNING WITH KATHIE S. AIR FORCE NOMINATION OF CHRISTOPHER J. OLEKSA, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CLARK AND ENDING WITH NANCY L. MCLAUGHLIN, TO BE COLONEL. IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AIR FORCE NOMINATION OF ARTHUR L. BOUCK, TO BE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJOR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SEPTEMBER 15, 2011. AIR FORCE NOMINATION OF TAMALA L. GULLEY, TO BE To be lieutenant general MAJOR. ARMY NOMINATIONS BEGINNING WITH LYNN R. GAY- AIR FORCE NOMINATION OF MICHAEL H. HEUER, TO BE LORD AND ENDING WITH VICKI L. NOLIN, WHICH NOMINA- MAJ. GEN. WILLIAM T. GRISOLI COLONEL. TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2011. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- IN THE ARMY ARMY NOMINATIONS BEGINNING WITH NATHAN W. BLACK AND ENDING WITH TROY G. DANDERSON, WHICH CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATIONS BEGINNING WITH LARRY W. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be major general DOTSON AND ENDING WITH DAMIAN K. WADDELL, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- BRIG. GEN. MARGARET W. BOOR PEARED IN THE CONGRESSIONAL RECORD ON AUGUST 2, TEMBER 15, 2011. 2011. THE FOLLOWING ARMY NATIONAL GUARD OF THE IN THE MARINE CORPS UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- ARMY NOMINATION OF JACK M. MARKUSFELD, TO BE COLONEL. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER MARINE CORPS NOMINATIONS BEGINNING WITH PAUL TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ARMY NOMINATION OF STEPHEN R. TAYLOR, TO BE MAJOR. M. ABOUD AND ENDING WITH RICHARD M. ZJAWIN, WHICH To be brigadier general ARMY NOMINATION OF HAL D. BAIRD, TO BE COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF JAMES E. ORR, TO BE COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY COL. RAPHAEL G. PEART ARMY NOMINATIONS BEGINNING WITH STEVEN A. 3, 2011. THE FOLLOWING ARMY NATIONAL GUARD OF THE CHAMBERS AND ENDING WITH JAMES P. WALDRON, MARINE CORPS NOMINATION OF JOHN L. HYATT, JR., UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO BE MAJOR. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER AND APPEARED IN THE CONGRESSIONAL RECORD ON TITLE 10, U.S.C., SECTIONS 12203 AND 12211: SEPTEMBER 8, 2011. IN THE NAVY ARMY NOMINATIONS BEGINNING WITH SUSAN M. To be major general CAMORODA AND ENDING WITH GERSON S. VALLES, NAVY NOMINATION OF PAUL E. SCHOENBUCHER, JR., WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO BE CAPTAIN. BRIG. GEN. TERRY M. HASTON AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATION OF JOHN N. DESVERREAUX, TO BE IN THE NAVY SEPTEMBER 8, 2011. CAPTAIN. ARMY NOMINATION OF HYUN S. SIM, TO BE COLONEL. NAVY NOMINATION OF DAVID D. DINKINS, TO BE LIEU- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF OLGA BETANCOURT, TO BE TENANT COMMANDER. IN THE UNITED STATES NAVY TO THE GRADE INDICATED MAJOR. NAVY NOMINATION OF KEVIN J. OLIVER, TO BE LIEU- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATION OF MICHAEL C. FREIDL, TO BE TENANT COMMANDER. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MAJOR. NAVY NOMINATIONS BEGINNING WITH MICHAEL To be vice admiral ARMY NOMINATION OF NATACHA L. MILLER, TO BE FORTUNATO AND ENDING WITH MATTHEW T. WELLOCK, MAJOR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE REAR ADM. MICHAEL S. ROGERS ARMY NOMINATION OF BENJAMIN D. OWEN, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJOR. SEPTEMBER 8, 2011. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH HEIDI J. COX IN THE UNITED STATES NAVY TO THE GRADE INDICATED NAVY NOMINATIONS BEGINNING WITH JOSEPH H. AND ENDING WITH MARK A. RICH, WHICH NOMINATIONS ADAMS II AND ENDING WITH JEREMY S. YARBROUGH, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WERE RECEIVED BY THE SENATE AND APPEARED IN THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. AND APPEARED IN THE CONGRESSIONAL RECORD ON To be vice admiral ARMY NOMINATIONS BEGINNING WITH COLIN A. SEPTEMBER 8, 2011. BITTERFIELD AND ENDING WITH ANDREAS W. WOOTEN, NAVY NOMINATIONS BEGINNING WITH DAMON M. ARM- REAR ADM. FRANK C. PANDOLFE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE STRONG AND ENDING WITH MARISOL C. ZIEMBA, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE AIR FORCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SEPTEMBER 14, 2011. PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH RICHARD J. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TEMBER 14, 2011. ALLINGER AND ENDING WITH MARGARET A. YOUNG- STATES OFFICERS FOR APPOINTMENT IN THE RESERVE NAVY NOMINATIONS BEGINNING WITH JAMES P. BLOOD, WHICH NOMINATIONS WERE RECEIVED BY THE OF THE AIR FORCE TO THE GRADE INDICATED UNDER ALDERETE II AND ENDING WITH SETH T. WILLIAMS, SENATE AND APPEARED IN THE CONGRESSIONAL TITLE 10, U.S.C., SECTIONS 12203 AND 12212: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RECORD ON SEPTEMBER 14, 2011. AND APPEARED IN THE CONGRESSIONAL RECORD ON To be brigadier general ARMY NOMINATIONS BEGINNING WITH BRIAN R. BEN- SEPTEMBER 14, 2011. JAMIN AND ENDING WITH MARK D. YOUNG, WHICH NOMI- COLONEL RANDALL R. BALL NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH SAAD M. ALAZIZ COLONEL JOHN P. BARTHOLF PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND ENDING WITH MICHAEL A. ZUNDEL, WHICH NOMINA- COLONEL STEVEN J. BERRYHILL TEMBER 14, 2011. TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL GRETCHEN S. DUNKELBERGER ARMY NOMINATIONS BEGINNING WITH TERESE B. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. COLONEL GREG A. HAASE ACOCELLA AND ENDING WITH GARY L. WILLIAMSON, NAVY NOMINATIONS BEGINNING WITH MICHAEL W. COLONEL SCOTT L. KELLY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BLOOMROSE AND ENDING WITH CHRISTOPHER P. COLONEL MAUREEN MCCARTHY AND APPEARED IN THE CONGRESSIONAL RECORD ON TOSCANO, WHICH NOMINATIONS WERE RECEIVED BY THE COLONEL MARK A. MCCAULEY SEPTEMBER 14, 2011. SENATE AND APPEARED IN THE CONGRESSIONAL COLONEL MARSA L. MITCHELL ARMY NOMINATIONS BEGINNING WITH MICHAEL D. RECORD ON SEPTEMBER 14, 2011. COLONEL HARRY D. MONTGOMERY, JR. ALPERIN AND ENDING WITH DAVID S. WILLIAMS, WHICH NAVY NOMINATIONS BEGINNING WITH HECTOR COLONEL JON K. MOTT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ACEVEDO AND ENDING WITH JAY ZULUETA, WHICH NOMI- COLONEL BRIAN C. NEWBY PEARED IN THE CONGRESSIONAL RECORD ON SEP- NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL DAVID W. NEWMAN TEMBER 14, 2011. PEARED IN THE CONGRESSIONAL RECORD ON SEP- COLONEL DAVID SNYDER ARMY NOMINATIONS BEGINNING WITH CLAYTON T. ABE TEMBER 14, 2011. COLONEL DEAN L. WINSLOW AND ENDING WITH TERRENCE A. SMITH, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH JAVIER ARAUJO TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING WITH RAYMOND C. YAU, WHICH NOMINA- IN THE ARMY IN THE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH GEORGE V. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. IN THE UNITED STATES ARMY TO THE GRADE INDICATED HANKEWYCZ AND ENDING WITH HENRY K. THOMAS, NAVY NOMINATIONS BEGINNING WITH THOMAS T. COOK WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH LEROY C. YOUNG, WHICH NOMINA- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND APPEARED IN THE CONGRESSIONAL RECORD ON TIONS WERE RECEIVED BY THE SENATE AND APPEARED SEPTEMBER 14, 2011. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 14, 2011. To be lieutenant general ARMY NOMINATIONS BEGINNING WITH JOHN F. NAVY NOMINATIONS BEGINNING WITH ADNAN S. AHSAN BOWLEY AND ENDING WITH MAUREEN E. WEBER, WHICH AND ENDING WITH REBECCA L. WALDRAM, WHICH NOMI- MAJ. GEN. RAYMOND V. MASON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE UNITED STATES ARMY TO THE GRADE INDICATED TEMBER 14, 2011. TEMBER 14, 2011. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATION OF KELLY A. CRICKS, TO BE NAVY NOMINATIONS BEGINNING WITH FABIO O. AUS- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601; MAJOR. TRIA, JR. AND ENDING WITH DONNA L. SMOAK, WHICH AND TO BE A SENIOR MEMBER OF THE MILITARY STAFF ARMY NOMINATION OF DAMIAN G. MCCABE, TO BE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COMMITTEE OF THE UNITED NATIONS UNDER TITLE 10, MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON SEP- U.S.C., SECTION 711: ARMY NOMINATION OF JOHN R. PENDERGRASS, TO BE TEMBER 14, 2011. MAJOR. To be lieutenant general ARMY NOMINATIONS BEGINNING WITH ROBERT D. PUBLIC HEALTH SERVICE BLACK AND ENDING WITH TRUDY A. SALERNO, WHICH MAJ. GEN. TERRY A. WOLFF NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING IN THE AIR FORCE PEARED IN THE CONGRESSIONAL RECORD ON SEP- WITH AYSHA Z. AKHTAR AND ENDING WITH MYKAH N. TEMBER 15, 2011. WYNTER, WHICH NOMINATIONS WERE RECEIVED BY THE AIR FORCE NOMINATIONS BEGINNING WITH DAVID B. ARMY NOMINATIONS BEGINNING WITH JAMES A. SENATE AND APPEARED IN THE CONGRESSIONAL BARKER AND ENDING WITH ANGELA M. YUHAS, WHICH CHRISTENSEN AND ENDING WITH KATHLEEN A. WIL- RECORD ON SEPTEMBER 8, 2011.

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104TH ANNIVERSARY OF THE CRO- Analysis of Impacts on the Nation Act. Coal Sgt. Meyer served nobly in Iraq and at the ATIAN SONS LODGE NUMBER 170 mining is a lifeblood industry in southwest Indi- conclusion of his tour there volunteered for an- ana and throughout the Midwest. We have other deployment, this time to Afghanistan. He HON. PETER J. VISCLOSKY abundant reserves of the natural resource has described the events of September 8, OF INDIANA throughout my state and the citizens of my 2009, in the Kunar Province of northeastern IN THE HOUSE OF REPRESENTATIVES district depend heavily on coal mining and the Afghanistan as the ‘‘worst’’ day of his life. With burning of coal for electricity. In fact, 98 per- that in mind, and the details of his heroism Friday, September 23, 2011 cent of Indiana’s power generation comes contained in the Medal Citation, I will not re- Mr. VISCLOSKY. Mr. Speaker, it is my dis- from coal. count the terrible events of that day. Because tinct honor to congratulate the Croatian Sons The Environmental Protection Agency has of his actions, thirteen Marines and Army sol- Lodge Number 170 of the Croatian Fraternal gone to great lengths to disrupt coal produc- diers, as well as twenty-three Afghan soldiers Union on the festive occasion of its 104th An- tion in the United States—in many cases hap- made it out of an ambush to live and serve niversary and Golden Member banquet on hazardly and without recognition of the eco- another day. And the bodies of four fallen Sunday, October 2, 2011. nomic and social benefits derived from coal American servicemen and a mortally wounded This year, the Croatian Fraternal Union will mining and the electricity it generates. Army soldier—Marines 1st Lt. Michael John- hold this gala at the Croatian Center in The further hampering of our country’s abil- son, Gunnery Sgt. Edwin Johnson and Staff Merrillville, Indiana. Traditionally, the anniver- ity to mine and utilize coal will have drastic ef- Sgt. Aaron Kenefick; Navy Corpsman 3rd sary celebration entails a formal recognition of fects on the economy—hitting hardest those Class James Layton; and Army Sgt. 1st Class the Union’s Golden Members, those who have areas, like my district, that depend on coal for Kenneth W. Westbrook—made it home to their achieved fifty years of membership. This jobs and paychecks. loved ones and a grateful country. year’s honorees who have attained fifty years That said, there are utilities in this country As he received the Congressional Medal of of membership include: Geraldine M. Doll, that have completed or are making currently Honor at a White House ceremony on Sep- Marko Frankovich, Anthony R. Glibota, Sharon the strategic investments necessary to comply tember 16, with his usual modesty Sgt. Meyer Haynes, Domenica Jaksa, Mary Ann Maggi, with the EPA rules this bill seeks to delay. dedicated the award to those brave men: ‘‘The Thomas D. Meeks, Mary Ann Pala, Dennis R. These investments have been made at signifi- main thing that we need to get from that day Pollack, Mary Kay Rhodes, Judy A. Rodri- cant cost to the utility customers, who are pay- is that those guys died heroes, and they are guez, Anthony A. Samanich, Lorna Gail Scott, ing higher rates as a result. greatly missed.’’ Having recently marked the Patricia C. Tonkovich, Dennis Tuskan, Diana As this legislative initiative moves from tenth anniversary of the 9/11 attacks that drew M. Voyt, and Katherine M. Zarth. House passage to Senate consideration—and us into war, as Sgt. Meyer reminds us, our These loyal and dedicated individuals share negotiation between the two bodies—it is im- Nation must commit to memory the service this prestigious honor with approximately 324 perative we find a workable solution that both men and women who have sacrificed their ut- additional Lodge members who have pre- protects the investments these utilities have most since in order to ensure the security and viously attained this important designation. made and are making while maintaining the sovereignty of our blessed Republic. This memorable day will begin with a mass underlying intent of the bill before us. It is impossible to convey how proud I am at Saint Joseph the Worker Croatian Catholic For this reason, I plan to work toward such to join the American people as we honor Sgt. Church in Gary, Indiana, with the Reverend a solution because not doing so would leave Dakota Meyer. Like him, I believe that in com- Father Stephen Loncar officiating. The ban- those utilities at a significant competitive dis- memorating the events of that day in the far- quet will begin at 1 p.m. advantage in the marketplace—and frankly off mountains of Afghanistan, we may honor Mr. Speaker, I urge you and my other distin- would be unfair to the customer. I am hopeful those we lost while finding the strength and guished colleagues to join me in commending my colleagues will join me in this effort. courage to ensure that the American dream of Lodge President John Miksich and all mem- f freedom and liberty will never dim. bers of the Croatian Fraternal Union Lodge f Number 170 for their loyalty and radiant dis- CONGRATULATING SGT. DAKOTA play of passion for their ethnicity. The Croatian MEYER ON HIS RECEIPT OF THE TRIBUTE TO STATE SENATOR community has played a key role in enriching CONGRESSIONAL MEDAL OF HARRY ‘‘HAP’’ MYERS the quality of life and culture of Northwest Indi- HONOR ana. It is my hope that this year will bring re- HON. JO BONNER newed hope and prosperity for all members of HON. HAROLD ROGERS OF ALABAMA the Croatian community and their families. OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES f IN THE HOUSE OF REPRESENTATIVES Friday, September 23, 2011 TRANSPARENCY IN REGULATORY Friday, September 23, 2011 ANALYSIS OF IMPACTS ON THE Mr. BONNER. Mr. Speaker, I rise today to NATION ACT OF 2011 Mr. ROGERS of Kentucky. Mr. Speaker, I pay tribute to the memory of a remarkable rise today in order to honor Sergeant Dakota man, State Senator Harry Edward ‘‘Hap’’ SPEECH OF Meyer of the United States Marine Corps and Myers, Jr., a lifelong resident of Mobile, Ala- the recipient of the highest military honor our bama and friend to many who passed away HON. LARRY BUCSHON Nation can bestow, the Congressional Medal on August 3, 2011, at the age of 72. OF INDIANA of Honor. During his lifetime, Hap was known for his IN THE HOUSE OF REPRESENTATIVES Born in Columbia, Sgt. Meyer’s upbringing unbending belief in others and in doing what Thursday, September 22, 2011 in rural southern Kentucky was was right. He was a husband, father, civil en- quintessentially American. In high school, he gineer, community leader and legislator. The House in Committee of the Whole House on the state of the Union had under distinguished himself—as an all-star on the Growing up in Mobile he attended Mary B. consideration the bill (H.R. 2401) to require football field and as a tutor volunteering his Austin Elementary School, Barton Academy, analyses of the cumulative and incremental time to special-needs students in the class- and graduated from Murphy High School in impacts of certain rules and actions of the room. Sgt. Meyer aspired to be a college foot- 1957. He received a B.A. Degree in Business Environmental Protection Agency, and for ball player until a chance encounter with a Administration and a B.S. Degree in Civil En- other purposes: USMC recruiter awakened in his heart the gineering from Auburn University in 1961. Mr. BUCSHON. Mr. Chair, I rise today in challenge to serve his country. His eighteenth Returning to Mobile, he began on a path he support of the legislation before the House— birthday found him at boot camp on Parris Is- would follow for much of his professional life, H.R. 2401, the Transparency in Regulatory land. serving and then leading the J.B. Converse

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

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.001 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1700 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 Company/BCM Engineers where he was Village for their 35th Anniversary of excellent TRANSPARENCY IN REGULATORY president and CEO for two decades. Under service, and I know the Denton community ap- ANALYSIS OF IMPACTS ON THE his leadership, the company grew to become preciates their years of service. NATION ACT OF 2011 one of America’s top 100 engineering firms. SPEECH OF Never one to be content with sitting on the f sidelines when his community needed him, HON. JOHN D. DINGELL Hap was determined to make a difference, IN RECOGNITION OF THE OPENING OF MICHIGAN greeting new challenges with enthusiasm and AND DEDICATION OF THE IN THE HOUSE OF REPRESENTATIVES his trademark positive attitude. He led the UKRAINIAN VILLAGE PARK AND Thursday, September 22, 2011 local business community as Chairman of the ANNUAL UKRAINIAN VILLAGE Mobile Chamber of Commerce, Chairman of PARADE The House in Committee of the Whole the board at St. Paul’s Episcopal School, and House on the state of the Union had under served on the Board of Regions Bank and the consideration the bill (H.R. 2401) to require Mobile Area Water and Sewer Board, to name HON. DENNIS J. KUCINICH analyses of the cumulative and incremental but a few of the many organizations where impacts of certain rules and actions of the Hap left a lasting mark. OF OHIO Environmental Protection Agency, and for other purposes: Having succeeded in local business and in IN THE HOUSE OF REPRESENTATIVES giving his time to improve his community, Hap Mr. DINGELL. Mr. Chair, today’s debate is took the next step in 1994, entering the polit- Friday, September 23, 2011 de´ja´ vu from the debate within the House En- ical arena for the first time. For anyone who ergy and Commerce committee. Once again knew him, there was never any doubt that he Mr. KUCINICH. Mr. Speaker, I rise today in my colleagues and I on the Energy and Com- would make a fine public servant. Hap went recognition of the opening and dedication of merce Committee had the opportunity to ad- on to be elected a Republican in the Demo- the Ukrainian Village Park and Annual Ukrain- dress and protect human health and environ- crat-dominated Alabama State Senate for ian Village Parade taking place on September ment, while also promote and encourage inno- three consecutive terms. He retired from poli- 24, 2011. vation and job creation. These are serious issues facing our country and the EPA, issues tics in 2006. Former Governor Bob Riley With a growing population of more than summed up his political career by noting he that require serious solutions. Sadly, this bill 50,000, the Ukrainian community has been a ‘‘served for all the right reasons, and he did it does nothing to actually address those issues. staple in the Greater Cleveland area for dec- with great integrity and class.’’ In addition to the lack of a well thought-out Mr. Speaker, Senator Hap Myers never put ades. In October, 2008, the City of Parma City strategy, the proposed amendments to this bill himself first and never gave up believing in Council became the first local government in would make serious changes to the Clean Air and doing what was right. He will be sorely Northeast Ohio to sponsor an ethnic neighbor- Act without any congressional hearing or testi- missed but leaves behind a legacy of good- hood; Ukrainian Village. Ukrainian Village cov- mony. None of these proposals have had seri- ness and decency as well as an example for ers two miles along State Road and is home ous examination by the Energy and Com- one and all of what a true servant leader is. to Ukrainian butcher shops, credit unions, two merce Committee, which has jurisdiction over this matter. This is not the open and trans- I would like to ask the House to join me in Ukrainian Orthodox churches and now Ukrain- extending our deepest condolences to his parent legislative process that my colleagues ian Village Park. The mission of Ukrainian Vil- have committed to. We cannot responsibly lovely wife, Toni, as well as his wonderful chil- lage is, ‘‘To preserve, empower, and advance dren, Hap III, Marty, and Sandy, his grand- govern in this matter and ignore our Constitu- Ukrainian Village as a thriving neighborhood children, his family and many friends. You are tional obligation to hold hearings, hear testi- all in our thoughts and prayers. by celebrating the culture and heritage of mony, and give these matters the in-depth Ukrainian Americans and to collaborate with f consideration major policy initiatives deserve. the City of Parma in creating business and As I said, there are legitimate problems with IN RECOGNITION OF THE 35TH AN- economic development within its boundaries.’’ some of the proposed rules coming out of NIVERSARY OF THE GOOD SA- EPA, and they need to be dealt with. How- The Ukrainian Village Parade and Ukrainian MARITAN SOCIETY’S DENTON ever, this Polish lawyer from Detroit happens VILLAGE Village Park dedication will be hosted by the to believe we would get further with a more City of Parma, Ukrainian Village Committee surgical approach to dealing with these mat- HON. MICHAEL C. BURGESS and the United Ukrainian Organizations of ters. Ohio. The United Ukrainian Organizations of OF TEXAS I am particularly concerned with the Utility Ohio has represented more than 50 Ohio or- IN THE HOUSE OF REPRESENTATIVES MACT, which in its current form, could have a ganizations since 1928. This year’s Ukrainian devastating effect on the economy of Mid- Friday, September 23, 2011 Village celebration will commemorate the 20th western manufacturing States, including my Mr. BURGESS. Mr. Speaker, today I rise to anniversary of Ukraine’s independence, in- home State of Michigan. I am convinced that commemorate the 35th anniversary of the clude an annual parade and festival and fea- a balanced, bipartisan solution to this issue Good Samaritan Society’s Denton Village. The ture the opening and dedication of the Ukrain- was available to us. In fact, I offered to work Good Samaritan Society operates a number of with all of my colleagues, both Democrats and ian Village Park. nursing homes around the country. Denton Vil- Republicans on this matter. Sadly, my col- lage’s inception in 1976 marked the beginning This year’s parade will include, for the first leagues on the other side of the aisle would of their exceptional service offerings in long- time, all five of Parma’s high school’s bands; rather play political games rather than work on term care and senior living complexes. The Parma Senior High School, Normandy High a reasonable solution to a legitimate problem. Denton Village has since expanded their serv- School, Valley Forge High School, Padua I would note to my colleagues that we spent ices to include twin homes, assisted living, Franciscan High School and Holy Name High only one day on the failed Continuing Resolu- and a second senior living apartment building. School. Additionally, the parade will feature tion, but will spend two days on this bill. This, My parents lived in a duplex at Denton Vil- church groups, civic organizations, representa- I believe, demonstrates the true intention of lage. The facilities and staff at Denton Village the GOP. That is not to actually deal with a le- tives from the Polish, Hungarian, German, allowed my parents, Harry and Norma, to gitimate and disconcerting problem, but to Irish and Slovak communities, Ukrainian Vil- enjoy a more fulfilling and carefree life. When spend time on their favorite whipping boy, it comes to providing individualized care the lage businesses, numerous Ukrainian-Amer- EPA. Now, I have had my share of issues with people at Denton Village go above and be- ican organizations, singers, dancers, school that particular agency, but I have always yond for their residents. Denton Village is a children, and His Eminence Archbishop sought a solution—not played games to gain place that cares for people, and is one of the Antony. political points. best nursing homes in Dallas Fort-Worth Area. Mr. Speaker and colleagues, please join me As such, it is my intent to vote against the This anniversary is a wonderful opportunity as Greater Cleveland celebrates the opening TRAIN Act and the amendments proposed by for us to celebrate and recognize the values of the other side of the aisle. The President al- and dedication of the Ukrainian Village Park the Good Samaritan Society and the delivery ready indicated his strong opposition and as and Annual Ukrainian Village Parade. of those values at the Denton Village. I am such, the bill before us is nothing more than truly proud to recognize everybody at Denton veto bait. I would call on my colleagues on

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.004 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1701 both sides of the aisle to work with me on reunited at the football game where the troop numbers and counterinsurgency tac- these matters in a reasonable way. Carrollton Yellow Jackets defeated the Hutch- tics.’’ ins Tigers by a score of 13–6. I believe this book should be required read- f ing for you and your team at the Pentagon. In 1937, Carrollton High School changed Ambassador Tomsen is ready and willing to CONGRATULATING CELADON their mascot from the Yellow Jackets to the GROUP, INC. lend his expertise to this important effort Lions. In 1962, to accommodate the growth in and I again ask that you or your staff meet the area, Carrollton High School moved from with him. HON. TODD ROKITA the two-story, red brick building on Beltline Leon, I renew my call that you use your discretion as secretary and create the Af/Pak OF INDIANA Road to its current location on Josey Lane. In the same year, Carrollton High School Study Group. We owe it to the men and IN THE HOUSE OF REPRESENTATIVES women serving and the families and spouses Friday, September 23, 2011 changed its name to R.L. Turner in honor of at home to ensure we have the correct strat- Superintendent Robert Leon Turner. egy. After 10 years of fighting, it is time to Mr. ROKITA. Mr. Speaker, I rise today to R.L. Turner High School has received a have a fresh set of eyes examine U.S. strat- recognize and congratulate an important mem- number of distinguished awards over its rich egy. Far from a sign of weakness, creating ber of Indiana’s business community. history. In the 1990–1991 school year, the an independent Af/Pak study group would Mr. Stephen Russell founded Celadon high school was honored with the Blue Ribbon show the nation that we are doing every- Group, Inc., in 1985, and under his leadership, National School of Excellence. In the 2000– thing possible to achieve our goals in this re- Celadon has grown to become one of the Na- 2001 and 2009–2010 school years, the high gion. tion’s largest trucking and transportation man- I would welcome the chance to speak with school achieved a Recognized Rating for its you on this matter. agement companies. Celadon currently oper- academics from the Texas Education Agency. Best wishes, ates approximately 3,100 tractors and 9,000 And in 2010, R.L. Turner was ranked as the Sincerely, trailers and serves over 2,000 customers. top school in the district on Newsweek’s list of FRANK R. WOLF, Celadon employs nearly 4,000 people and is America’s Best High Schools. Member of Congress. the largest transportation company based in Since the first class graduated in 1912, ap- CONGRESS OF THE UNITED STATES, Indiana. Mr. Russell serves on several indus- proximately 50,000 students have passed try, education, and community boards; includ- HOUSE OF REPRESENTATIVES, through this exceptional institution. I am very Washington, DC, September 15, 2011. ing on the American Trucking Associations, proud of R.L. Turner and its century-long com- The Hon. LEON PANETTA, Inc. Board, Cornell University Johnson Grad- mitment to educational excellence. On behalf Secretary of Defense, U.S. Department of De- uate School of Management Board, and as of the 24th Congressional District of Texas, I fense, The Pentagon, Washington DC. Chairman of the Board of Governors of the In- ask my colleagues to join me in congratulating DEAR SECRETARY PANETTA: It was good to dianapolis Museum of Art. R.L. Turner on its 100-year anniversary. be with you at the Pentagon on Sunday to honor the lives lost there 10 years ago in the Mr. Russell was one of four laureates in- f ducted into the Central Indiana Business Hall 9/11 attacks. I want to congratulate you on a of Fame on February 17, 2011. Established by CORRESPONDENCE WITH DEFENSE moving ceremony that showed reverence to the Pentagon employees and the passengers the Junior Achievement Board of Directors in SECRETARY PANETTA ON THE of American Flight 77 that perished on that 1989, the Central Indiana Business Hall of AFGHANISTAN/PAKISTAN STUDY awful morning. I appreciated your comments fame honors men and women who epitomize GROUP and those of Admiral Mullen. Several of my success in the business world and use their constituents died at the Pentagon and the success to improve the quality of life of their HON. FRANK R. WOLF first U.S. service member killed in Afghani- stan was my constituent. I thank you and all fellow citizens and surrounding communities. OF VIRGINIA I congratulate him on all his hard work and those who have served in public office and in IN THE HOUSE OF REPRESENTATIVES success which has been honored with the in- uniform in the 10 years we have waged war Friday, September 23, 2011 against global terrorism. duction into the Central Indiana Business Hall As I waited for the program to begin on of Fame. I would like to thank is family for Mr. WOLF. Mr. Speaker, I submit my cor- Sunday, I saw you and former Defense Sec- selflessly supporting Mr. Russell in his long respondence with the administration on my retary Rumsfeld and was struck by a vivid and accomplished career as a business and call for an Afghanistan/Pakistan Study Group. memory from 2005 of the events surrounding community leader in Central Indiana. I am My letters to Defense Secretary Leon Panetta the Iraq war. We were three years into the proud to honor Mr. Russell in recognition of of August 31, 2011, and September 15, 2011, war, the security situation in Iraq was dete- his leadership and service to his family, em- riorating, and our soldiers were dying every follow: day. As a member of Congress who voted to ployees, and community. CONGRESS OF THE UNITED STATES, send our troops to fight, I believed I had the f HOUSE OF REPRESENTATIVES, added responsibility to make sure the ad- Washington, DC, August 31, 2011. ministration was receiving the best advice 100-YEAR ANNIVERSARY OF R.L. Hon. LEON PANETTA, possible on our Iraq strategy. TURNER HIGH SCHOOL Secretary of Defense, The Pentagon, So I proposed creating the Iraq Study Washington, DC. Group (ISG) made up of experts outside gov- HON. KENNY MARCHANT DEAR SECRETARY PANETTA: I know you ernment to bring what I called ‘‘fresh eyes’’ care deeply about the men and women in on the target. Secretary Rumsfeld, General OF TEXAS uniform fighting in Afghanistan. That’s why Pace, Secretary Rice, and NSC Chairman IN THE HOUSE OF REPRESENTATIVES I am disappointed that no one from your Hadley all came to see the value in the ISG. Friday, September 23, 2011 staff has contacted former Ambassador Peter By your participation, I think it is fair to Tomsen, an expert on Afghanistan, to meet say you also saw its benefit, and I greatly Mr. MARCHANT. Mr. Speaker, it is with with him, as I requested in my letter to you appreciated your outstanding service on the great pride that I rise to celebrate the 100-year of August 1 (enclosed). bipartisan panel. You and the other Demo- anniversary of R.L. Turner High School. As a Ambassador Tomsen’s new book, The Wars cratic members who gave your time during a graduate of R.L. Turner, I am honored to rec- of Afghanistan, is receiving positive reviews, Republican administration exemplified the ognize this school as a significant part of the including the enclosed review in the recent true meaning of service to your country. edition of Foreign Affairs. The review praises We are now into the 10th year of fighting City of Carrollton’s history. the book as providing an in depth description in Afghanistan and the challenges we face In the fall of 1911, Carrollton High School of the social structure of Afghanistan and there continue. In 2001, I was the first mem- had its first class of three students. In 1915, the mistakes repeated by numerous foreign ber of Congress, along with Rep. Joe Pitts, to a two-story, red brick building was constructed countries that have tried to help establish visit Afghanistan after the U.S. invasion, for the high school. When the high school military and political cohesion in the coun- against the wishes of the Defense Depart- changed locations, the building became try. The review states, ‘‘Whether one agrees ment. We saw firsthand the devastation that DeWitt Perry Junior High. The junior high with Tomsen, however, there is no denying the Taliban had visited on Kabul as well as school was named after DeWitt Clinton Perry, that his descriptions of Afghanistan’s soci- the remnants of the U.S. Embassy that was ety and politics are a valuable foundation for abandoned in 1979. I have also traveled to who donated the land to the city for the origi- any discussion of how the country should be Pakistan and seen the difficulties that coun- nal high school. governed. * * * Given Tomsen’s track try faces combating the Afghan Taliban and The first Homecoming Day celebration was record, Americans should give a respectful other terror groups. Despite the current con- held on Friday, November 17, 1933. Former hearing to his call for a thorough policy re- ditions, all my experience in this region tells students from as far back as the original class formulation—something beyond tweaks to me that success is possible if we formulate

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.001 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1702 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 the right strategy to deal with both Afghani- of individuals on the other side of the world pansions. In 1900, the congregation welcomed stan and Pakistan. who also dared to demand freedom for their its third pastor, Father Albert Aust. Under the As with the ISG, I believe fresh eyes are people. I rise today, Mr. Speaker, to recognize leadership of Father Aust, St. Michael Parish needed now to examine U.S. policy in Af- the centennial anniversary of Republic of ghanistan and Pakistan. The security situa- thrived and added a new rectory, school, and tion continues to erode as evidenced by co- China in Taiwan. in 1908, teachers from the Notre Dame Sis- ordinated insurgent attacks on heavily for- One hundred years ago, on October 10th, ters. The parish later added a sister’s resi- tified U.S. and NATO compounds just this 1911, under the inspiration of Dr. Sun Yat- dence in 1934, built a new school in 1950, week. The Taliban still finds safe haven in Sen, the Republic of China began by throwing erected a new church in 1955 and new rectory the tribal wilderness of Pakistan and the ISI off the bonds of the Wuchang dynasty in order in 1968. In 1990, a new social hall and gym- actively funds terrorist groups. to create the first Republic in Asia. This year nasium were constructed and named Rappe Given these and other concerns on the the Republic of China (Taiwan) celebrates the Hall, in honor of Bishop Amadeus Rappe. ground in Afghanistan, I continue to be puz- centennial of its National Independence Day, zled why you, the Joint Chiefs of Staff and Most recently, in 2001, St. Michael completed also known as ‘‘Double Ten Day’’. an interior renovation of the current church on Secretary Clinton are not supporting the Af/ The United States and Taiwan not only Pak Study Group idea in the same manner Chestnut Road. that Secretary Rumsfeld and other Bush ad- share a similar story of self-determination but The St. Michael congregation will celebrate ministration officials supported the ISG. we continue to maintain a strong and vital its 160th anniversary in conjunction with the Having the experience of serving on the ISG friendship. The people of Taiwan have made annual Feast of St. Michael. This year’s cele- and now serving as Secretary of Defense with clear through the years, their appreciation and bration will include an Oktoberfest dinner, ar- a Democratic president (who I acknowledge gratitude for the support the United States has cade games, and donations will be collected inherited the war in Afghanistan), you are in provided Taiwan through the decades. This for both the St. Michael School Student Coun- a unique position to make this group a re- friendship has been evidenced through invest- cil’s ‘‘Jeans for January’’ drive and St. Vincent ality. The authorization and funding for the ment and economic development, through cul- Af/Pak Study Group in the House-passed De- DePaul Society’s Food Pantry. fense Appropriations bill gives you the au- tural and social exchanges, and even through Mr. Speaker and colleagues, please join me thority to create this group today. the military support shared between our two in honoring the 160 years of service that St. I have to tell you that I continue to be dis- peoples. Taiwan has stood with the United Michael Catholic Church has provided to the appointed that your staff has yet to contact States to combat global terrorism; and the parishioners of Independence, Ohio. former Ambassador Peter Tomsen to discuss people of Taiwan have always given gener- f his book, The Wars of Afghanistan. His book ously in our greatest times of need. Through- provides insightful information on the tribal out the past ten decades we have become not PERSONAL EXPLANATION structure of both Afghanistan and Pakistan just allies, but great friends. and the political allegiances that underlie As the Republic of China (Taiwan) enters ´ all actions in the region. I believe his knowl- HON. ANDRE CARSON into her second century of democracy, it is just edge and experience in this region would be OF INDIANA as important that the United States stand with invaluable in formatting future policy in IN THE HOUSE OF REPRESENTATIVES South Asia. I respectfully ask again, please her 23 million citizens to face the challenges take advantage of his work and meet with of the next hundred years. Surely there will be Friday, September 23, 2011 him as soon as possible. struggles, political and economic, at home and Mr. CARSON of Indiana. Mr. Speaker, due Leon, I don’t have the answers on Afghani- abroad. As we continue to engage other na- to a previous commitment, I unavoidably stan. Perhaps current U.S. strategy is the tions around the globe, we must remember missed two votes. Had I been present, I would best way forward. But we owe it to the men that in our Taiwanese friends we have a na- and women in uniform who have served and have voted ‘‘nay’’ on passage of rollcall 725, continue to serve there—some paying the ul- tion ready to stand with us in the effort to pro- and ‘‘nay’’ on passage of rollcall 726. timate sacrifice—to know definitively. I con- mote freedom, tolerance, and democracy. f tinue to believe that fresh eyes from outside On this very special day, the United States government focused on assessing the situa- joins with the Taiwanese people to recognize REED COLLEGE CENTENNIAL tion is the prudent action to take. I ask that the sacrifice of those who made Double Ten you take the advice of those who support an Day possible so many years ago, and we reaf- HON. EARL BLUMENAUER Af/Pak Study Group, including Jim Dobbins, firm that our friendship remains steadfast. I OF OREGON General Charles Krulak, Ryan Crocker, who ask my colleagues to please join me in ex- IN THE HOUSE OF REPRESENTATIVES I spoke with prior to his appointment as am- tending to President Ma Ying-jeou the good bassador to Afghanistan, and other promi- Friday, September 23, 2011 nent Americans with experience in this re- wishes of the United States House of Rep- gion. resentatives on this centennial anniversary. Mr. BLUMENAUER. Mr. Speaker, this year I believe it would be a sign of strength to f one of the nation’s top liberal arts colleges in appoint a study group and let the American the heart of my Congressional District in Port- IN HONOR OF THE 160TH ANNIVER- people know that the administration is will- land, Oregon is celebrating its centennial. SARY OF ST. MICHAEL CHURCH ing to examine all possible policies to Reed College began its first classes in 1911 achieve a successful outcome in this trou- with 50 students—26 men and 24 women— bled region. HON. DENNIS J. KUCINICH Best wishes. and five faculty members and has grown to OF OHIO 1,400 students and 135 faculty. Committed to Sincerely, IN THE HOUSE OF REPRESENTATIVES FRANK R. WOLF, intellectual rigours and academic freedom, Member of Congress. Friday, September 23, 2011 Reed has served as a groundbreaking model f Mr. KUCINICH. Mr. Speaker, I rise today in for liberal arts colleges over the past 100 honor of the 160th anniversary of St. Michael years. CENTENNIAL ANNIVERSARY OF Catholic Church in Independence, Ohio. Reed’s commitment to academic excellence THE REPUBLIC OF CHINA (TAI- St. Michael Catholic Church was founded in is reflected in the student body and faculty. All WAN) 1851 when Bishop Amadeus Rappe commis- students are expected to complete an original sioned Father Nicholas Roupp to begin cele- work in a major subject area—a senior thesis. HON. DAN BURTON brating Mass in Independence, Ohio. There A higher percentage of Reed graduates go on OF INDIANA had recently been an influx in the area of to earn Ph.Ds across fields than do graduates IN THE HOUSE OF REPRESENTATIVES Catholic Swiss and German immigrants. After of all but three other U.S. colleges and univer- operating for several decades as a mission sities. Students regularly win Fulbright, Wat- Friday, September 23, 2011 church, in 1888, the Cleveland Catholic Dio- son, National Science Foundation, and other Mr. BURTON of Indiana. Mr. Speaker, the cese raised the community to parochial status fellowships, and the faculty has received na- United States is familiar with its own stories of and Father Peter Scerer became St. Michael’s tional recognition for its commitment to teach- brave men and women who fought to break first pastor. After two pastors in just a couple ing. the bonds of tyranny and form a new democ- of years, St. Michael Parish reverted back to While ‘‘Reedies’’—as students call them- racy. The walls of this chamber and the sur- a mission and was served by the Jesuit Fa- selves—are widely known for studying—sleep- rounding Capitol complex remind us daily of thers of St. Mary Parish. ing—and studying some more, they engage in our proud history. But I want to share with you Throughout the 20th Century, St. Michael a broad range of campus and civic activities. today the story of another like minded group Parish experienced many renovations and ex- One such tradition dates back to 1913 and is

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.005 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1703 known as Canyon Day, in which students and clean energy technology to create jobs and in- length and breadth of this country, allowing all community members come together to clean vest in a 21st century economy and oppose Americans to live longer, healthier lives. There up and restore the ecosystem of the natural this bill. is a tendency to take the steady air quality im- canyon and creek that meanders through f provements our country has made for granted. campus. In the course of my trade duties on the Ways It is said the true mark of a Reed education TRANSPARENCY IN REGULATORY and Means Committee, I have visited many is not conventional success, but a certain ANALYSIS OF IMPACTS ON THE countries. I’ve been to foreign cities where the ‘‘quality of thought, curiosity, and willingness NATION ACT OF 2011 air is so thick with smog that some days you to challenge received wisdom.’’ For a hundred can’t see buildings that are just a few blocks SPEECH OF years Reed has remained a hallmark of rig- away. The air is hard to breathe because it is orous scholarship and intellectual pursuit. I am HON. RUSH D. HOLT thick with ozone and particulate pollution. This honored to represent this distinguished institu- OF NEW JERSEY is not what we want here in America. tion and look forward to celebrating future IN THE HOUSE OF REPRESENTATIVES The legislation before the House today has landmark occasions. many shortcomings. I especially object to the Thursday, September 22, 2011 f provisions of this bill that delay two important The House in Committee of the Whole Clean Air rules. The bill would delay the Mer- MOTION TO CONCUR House on the state of the Union had under cury and Air Toxics Standards Rule as well as consideration the bill (H.R. 2401) to require the Cross-State Air Pollution Rule until at least analyses of the cumulative and incremental HON. HENRY A. WAXMAN impacts of certain rules and actions of the 2013, and very likely much longer than that OF CALIFORNIA Environmental Protection Agency, and for since the bill eliminates all statutory and court- IN THE HOUSE OF REPRESENTATIVES other purposes: ordered deadlines for both rules. Thursday, September 22, 2011 Mr. HOLT. Mr. Chair, I rise in opposition to Congress ordered EPA to take action to curb mercury and other air toxics 21 years Mr. WAXMAN. Madam Speaker, I rise in op- the TRAIN Act. This misguided legislation would undermine the Environmental Protection ago, and more than two decades later we’re position to H.R. 2608, the Continuing Resolu- still waiting for action. This is particularly a tion for the 2012 fiscal year. Agency’s ability to enforce the Clean Air Act and significantly limit the federal government’s problem in the Great Lakes region. Mercury is This year, our country has faced perhaps thrown into the air by coal-burning power the worst string of natural disasters in a gen- ability to ensure that the air we breathe is safe and pollution-free. plants hundreds of miles away and bio- eration. Flooding in the Upper Midwest and accumulates in Great Lakes fish. Mercury is Northeast, tornadoes in the Midwest and Some in the Majority have used the title of this legislation to refer to EPA’s so-called reg- especially a health risk for pregnant women Southeast and wildfires in Texas have caused and infants because exposure to mercury has an estimating $35 billion in property damage ulatory train wreck. Well, the TRAIN Act amounts to a wrecking ball for public health been linked to nervous system damage. in 2011. These disasters are yet another indi- The cost of further delay of the Mercury and cation that our burning of dirty fossil fuels is protections. Sadly, the TRAIN Act is the latest in a long Air Toxics Rule is high. For each year we causing our climate to change, resulting in delay, there will be up to an additional 17,000 more frequent and destructive severe weather line of bills from the majority that puts big pol- luters before the health and safety of the premature deaths; 11,000 non-fatal heart at- events. tacks; 120,000 cases of aggravated asthma, The government has a responsibility to aid American people. From the Dirty Air Act that would remove EPA’s statutory authority to reg- and 12,200 hospital and emergency room vis- the victims of these events by funding cleanup its. The Republican leadership of the House and recovery efforts. But the Continuing Reso- ulate carbon pollution to legislation that re- moves accountability for offshore drilling oper- appears to be comfortable with continued in- lution that we are considering today pays for action on air toxics. I am not. We should vote disaster relief by slashing funding for an im- ations, the majority seems intent on rolling back programs that preserve our environment, this bill down. portant clean energy technology program—un- f dercutting the very solutions that are an es- protect our public health, and grow our econ- sential part of combating the causes of climate omy. IN HONOR OF SISTER MAUREEN change and building a clean energy, 21st cen- For forty years the Clean Air Act has been DOYLE, OSU tury economy. successful in protecting public health and pre- This kind of reasoning could make sense venting deaths from respiratory disease be- HON. DENNIS J. KUCINICH only in Washington. It makes as much sense cause it was written to follow science as science evolved. The success of the Clean Air OF OHIO as cutting vaccine funding to pay the costs of IN THE HOUSE OF REPRESENTATIVES a measles outbreak, or cutting funds for aerial Act is because its regulations are based in fire retardant chemical stocks in order to pay science. Legislators shouldn’t pretend to be Friday, September 23, 2011 for the horrific fires in Texas. scientists. Mr. KUCINICH. Mr. Speaker, I rise today in In addition, this program, the Advanced I urge my colleagues to vote no on this bill. honor of Sister Maureen Doyle, who is being Technology Vehicles Manufacturing Program f recognized for 25 years of service as the di- (ATVM), has already created jobs for over TRANSPARENCY IN REGULATORY rector of the Urban Community School. 40,000 Americans. The Center for Automotive ANALYSIS OF IMPACTS ON THE Sister Maureen Doyle was born and raised Research credited the program with bringing NATION ACT OF 2011 in the Cleveland area. She is an Ursuline Sis- the production of the Ford Focus, a vehicle ter of Cleveland. Sister Maureen earned her that gets 40 miles-per-gallon, from Mexico to SPEECH OF undergraduate degree in elementary education Detroit. If Congress simply leaves ATVM from St. John College of Cleveland and a alone, it will create employment opportunities HON. SANDER M. LEVIN Masters of Education from Boston College. for another 35,000 to 40,000 Americans in the OF MICHIGAN She began her career as an educator in 1973 heart of the manufacturing belt, by the end of IN THE HOUSE OF REPRESENTATIVES and has worked for St. Charles School, St. the year. Thursday, September 22, 2011 Ann School, St. Clare School and is currently In the past, Congress has always come to serving in her 26th year as the director of The House in Committee of the Whole the aid of those affected by disaster by paying House on the state of the Union had under Urban Community School, UCS. for federal recovery efforts without conditions. consideration the bill (H.R. 2401) to require Under Sister Maureen’s leadership, UCS The Bush Administration requested supple- analyses of the cumulative and incremental has thrived at providing an individualized, mental emergency disaster funding on eight impacts of certain rules and actions of the Catholic/Christian, quality education to the occasions, and each time Congress agreed, Environmental Protection Agency, and for children of Cleveland’s Near West Side neigh- often passing these measures with large bi- other purposes: borhoods; primarily to those who, otherwise, partisan majorities. Mr. LEVIN. Mr. Chair, I rise in opposition to might not have access to such an education. This time should be no different. This dis- the TRAIN Act and urge the House to reject In 1987, during her first year as director, UCS aster relief offset should be removed. This is it. was the first school in Cleveland to receive the not the way we care for our fellow Americans The Clean Air Act is one of this nation’s Excellence in Education Award from the U.S. in a disaster. We’re better than that. I urge my most important laws. Over the last 40 years, Department of Education. In 2005, Sister colleagues to support continued funding for it has greatly reduced pollution across the Maureen led UCS’ transition to a new, larger

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.008 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1704 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 facility that accommodates 50 additional stu- CONGRATULATING TAIWAN’S TO ACKNOWLEDGE SEPTEMBER AS dents. As a result of the expansion, UCS also CENTENNIAL NATIONAL DAY CHILDHOOD OBESITY AWARE- added an art program, art room, science lab NESS MONTH and full-time counseling program. Because of HON. THOMAS J. ROONEY her dedication to the students of UCS, Sister OF FLORIDA HON. JAMES P. MORAN Maureen has been awarded with the Diocese IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA of Cleveland Catholic School Excellence IN THE HOUSE OF REPRESENTATIVES Award, the YWCA Greater Cleveland Women Friday, September 23, 2011 Friday, September 23, 2011 of Achievement Award, an Honorary Degree Mr. ROONEY. Mr. Speaker, I rise today to from John Carroll University and the Irish congratulate the people of Taiwan as they cel- Mr. MORAN. Mr. Speaker, I rise today to Good Fellowship Award. ebrate their Centennial National Day. The day acknowledge September as Childhood Obesity In addition to her work with UCS, Sister is also to commemorate the 1911 Wuchang Awareness Month. Increasing awareness of Maureen is an active member of the Greater Uprising, a milestone of China’s development this pervasive problem can help curb the in- Cleveland community. She has been involved and a new chapter which led to the end of the crease in this epidemic and help families and with the Boys & Girls Club, City Club of Cleve- Qing Dynasty. children make better choices in the foods they land, Laurel School and St. Ignatius High This National Day allows the people of Tai- eat and their overall lifestyle. Over the past three decades, the rate of School. Currently, Sister Maureen is a mem- wan to gather together and celebrate their childhood obesity has risen to crisis propor- ber of the Education Committee for the Cleve- shared heritage, and provide them the unique tions. According to the Centers for Disease land Museum of Art and Greater Cleveland opportunity to honor their past and present Control and Prevention, 32 percent of children Habitat for Humanity. culture and achievements. Following President are overweight, 16 percent are obese, and 11 Ma Ying-jeou’s annual address, there will be a Mr. Speaker and colleagues, please join me percent are extremely obese. In some racial parade of floats from 10 counties and various in honoring Sister Maureen Doyle as she is and ethnic groups, in low-income populations, government agencies. A series of cultural ac- recognized for her contributions to the Cleve- and among recent immigrants, the rates of tivities and exhibitions, including a nationwide land’s Near West Side community as director obesity among children and youth are alarm- design competition and movie festival will be of the Urban Community School. ingly high. featured along with a traditional puppet dis- The health consequences for these children play. f are very serious. They are at much greater The historic ties between the United States risk of developing diabetes, heart disease, and Taiwan run deep, and they continue to RECOGNIZING BRENDA WELBURN high blood pressure, asthma, and other dis- unite us. I hope our nation will continue its ef- eases than their non-obese peers. Many chil- forts to promote educational and cultural ex- dren are subjected to ridicule and bullying that changes so that younger generations may HON. JARED POLIS damages their emotional well-being. Beyond enjoy and continue the legacy of our important OF COLORADO the tragic consequences for the children them- relationship. IN THE HOUSE OF REPRESENTATIVES selves are the effects on the American econ- I look forward working together to deepen omy. Obese children are at risk of growing Friday, September 23, 2011 our relationship, and I wish the families cele- into obese adults who do not participate fully brating this occasion a safe and happy holi- in the workforce because of employment dis- Mr. POLIS. Mr. Speaker, I rise today to rec- day. crimination, lost productivity due to illness and ognize the retirement of Brenda Welburn as disability, and premature death. If the child- the Executive Director of the National Associa- f hood obesity epidemic continues at its current tion of State Boards of Education (NASBE). NATIONAL DAY OF REMEMBRANCE rate, conditions related to type 2 diabetes, Throughout Brenda’s outstanding career FOR MURDER VICTIMS such as blindness, coronary artery disease, with NASBE, she dedicated herself to sup- stroke, and kidney failure, may become com- porting not only state policymakers across the mon conditions of middle age. Health care 50 states but, more importantly, students all HON. TED POE costs for this population are likely to rise to an across the country. OF TEXAS extent we are only now beginning to appre- Brenda spent many years at the helm of IN THE HOUSE OF REPRESENTATIVES ciate. NASBE, serving as a critical resource for state Friday, September 23, 2011 As a nation, we need to make sure that our young people receive a consistent message policymakers elected and appointed to State Mr. POE of Texas. Mr. Speaker, on Sunday, that encourages them to adopt healthful eating Boards of Education. During my six years of September 25th we recognize the National patterns; helps them to understand their nutri- service on the Colorado State Board, Brenda Day of Remembrance for Murder Victims. tional needs; and teaches them healthy life- and NASBE were instrumental in supporting Murder extinguishes the hopes and dreams style choices, especially relating to physical me and all of the board in our universally of tens of thousands of victims each year, and shared goal of improving public education. I activity. an untold number of fellow Americans now We can, and we simply must, make ad- will never forget how we worked together to live, daily, with the absence of a loved one. implement the requirements of No Child Left dressing childhood obesity a national priority. Murder affects each and every one of us, Behind and to integrate its requirements with Not only must we help the children who are al- and every community nationwide. Colorado’s education accountability systems. ready affected, we must not fail to protect an- We must all work diligently to prevent the vi- With Brenda’s help, we managed to navigate other generation. Health is more than the ab- olence that destroys lives and devastates fam- school finance decisions while communicating sence of physical or mental illness—it is also ilies. the benefits of public school choice, such as the extent to which children and youth have A National Day of Remembrance for Murder online learning and charter schools, and con- the capacity to reach their full potential. Victims offers Americans the opportunity to necting traditional K–12 programs with college f honor the memories of murder victims and and careers. recognize the impact of murder on surviving REAFFIRMING THE STRONG U.S.- Throughout her remarkable tenure at family members and friends. ISRAEL PARTNERSHIP IN PUR- NASBE, Brenda has served as a steady and A join victim service programs, criminal jus- SUIT OF LASTING MIDDLE EAST thoughtful leader, actively assisting state tice officials, and concerned citizens through- PEACE board members across the country. Her influ- out America to remember the tragedy of mur- ence has been felt coast to coast, and be- der, honor the courage of survivors, and vow HON. JERRY F. COSTELLO cause of her steadfast commitment to estab- to do whatever we can to help survivors re- lishing and maintaining effective education OF ILLINOIS build their lives. IN THE HOUSE OF REPRESENTATIVES policies, children across the country have On the National Day of Remembrance for been given a greater chance to succeed. Murder Victims we reaffirm this Nation’s com- Friday, September 23, 2011 Brenda, we will miss you, but we thank you mitment to respect as well as support crime Mr. COSTELLO. Mr. Speaker, I rise today to for your dedicated service and congratulate victims’ rights and needs throughout the year; oppose Palestine’s bid for statehood at the you on your retirement. And that’s just the way it is. United Nations (U.N.) and to encourage the

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.008 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1705 Palestinian leadership to pursue a peace SUPPORT OF NATIONAL HISPANIC He was awarded a Purple Heart, Bronze Star agreement with Israel through direct negotia- HERITAGE MONTH FROM SEP- and a Good Conduct Medal among several tions, as they have demonstrated their willing- TEMBER 15-OCTOBER 15, 2011, other military honors. ness to do before. RECOGNIZING THE SERVICE OF A hard worker, a proud and brave Amer- LIEUTENANT COLONEL ALFRED ican, and a loving son, Private First Class Lasting peace is possible only if an agree- RASCON AND THE 41 MEN OF Brett Wood leaves behind his beloved parents, ment is accepted by the Israeli and Palestinian HISPANIC HERITAGE WHO HAVE Malissa and Chris Frye and Mitchell and An- people—it must not be forced on either side. BEEN AWARDED THE MEDAL OF gela Wood. He is survived by his adored I have continually shared this message with HONOR brothers Nikk Wood, Brandon Wood and Cory my colleagues in Congress and the inter- Poland and dearly loved sister Amber Poland. national community, most recently by urging HON. ROSCOE G. BARTLETT His grandparents, Charles and Evelyn Wood members of the European Union to stand with and Jim and Sandy Corns will long remember the U.S. and Israel in opposing Palestine’s OF MARYLAND IN THE HOUSE OF REPRESENTATIVES him. unilateral action at the United Nations. Private First Class Brett Wood made the ul- Friday, September 23, 2011 All citizen in the region deserve a peaceful timate sacrifice for his country in Operation and prosperous future and I am hopeful Mr. BARTLETT. Mr. Speaker, as we cele- Enduring Freedom. To his fellow soldiers, his progress will be made. However, the U.S. will brate National Hispanic Heritage Month, I want family and friends, and to everyone who knew not ignore the serious security threat that to salute Army Lieutenant Colonel Alfred and loved him, he was a dedicated member of faces Israel. The path to peace lies in working Rascon of Laurel, Maryland, one of the 41 his community who answered the higher call- together, not exploiting differences. I will stand men of Hispanic heritage who have received ing to serve his country. Mr. Speaker, during his lifetime, Brett Ever- with Israel to support peace through direct ne- our military’s highest award for valor, the ett Wood enriched the lives of everyone gotiations and urge Palestine to embrace this Medal of Honor. around him by employing energy, leadership, approach. Alfred Rascon was born in Mexico, but joined the Army after graduating from high and courage in everything he set out to do. As school in California. He explained, ‘‘I volun- we bid farewell to this exceptional individual, I f teered to join the military and serve in Vietnam am reminded that freedom does indeed exact IN RECOGNITION OF THE GRAND [before I became a citizen] because I was al- a heavy price and I ask my colleagues to join OPENING OF THE BLIND REHA- ways an American in my heart.’’ me in remembering and honoring his contribu- BILITATION UNIT AT THE While serving as a medic, Rascon’s recon- tions and years of devoted service to his com- CLEVELAND VETERAN AFFAIRS naissance platoon came under fierce enemy munity and our country. MEDICAL CENTER attack in thick jungle on March 16, 1966. f Rascon repeatedly used his own body as a 100TH ANNIVERSARY OF THE shield against withering fire and saved the REPUBLIC OF CHINA—OR TAIWAN HON. DENNIS J. KUCINICH lives of two wounded buddies and tried in vain to save the life of a third. Despite wounds OF OHIO from gunfire, shrapnel and a grenade explo- HON. SUE WILKINS MYRICK OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES sion in his face, he raced into a hail of bullets and recovered an M–60 machine gun and am- IN THE HOUSE OF REPRESENTATIVES Friday, September 23, 2011 munition. That action turned the tide of the en- Friday, September 23, 2011 counter and may well have saved the lives of Mrs. MYRICK. Mr. Speaker, October 10 Mr. KUCINICH. Mr. Speaker, I rise today in his entire platoon. Rascon refused evacuation recognition of the grand opening of the new marks the 100th Anniversary of The Republic before other injured buddies. of China—or Taiwan. I urge my colleagues to Blind Rehabilitation Center at the Louis Stokes Alfred Rascon served two more combat Cleveland Veteran Affairs Medical Center, join me in recognizing this important occasion. tours in Vietnam and also served additional The partnership between the United States VAMC, on September 26, 2011. tours since 2001 in Iraq and Afghanistan. He and Taiwan is vital within the international The Louis Stokes Cleveland VA Medical continues to serve our country speaking to our community. Both of our countries benefit from Center is dedicated to the quality care of all youth. America is blessed by generations of a robust trading relationship, and the support veterans. It is the fifth largest VA in the coun- immigrant Medal of Honor recipients like Al- that Taiwan has shown the United States in try and serves close to 95,000 veterans annu- fred Rascon. They are heroes who sacrificed times of need cannot be overlooked. ally. The Louis Stokes Cleveland VA Medical themselves to save the lives of others and put In recognizing the centennial of Taiwan, we Center was the first VA to receive disease their newly adopted country above their own are also recognizing the numerous cultural specific accreditation for Inpatient Diabetes self-interest. There is no greater love than a and political accomplishments of this proud Care in 2007 and has also received a special man lay down his life for a friend. nation. Within Taiwan, we see a flourishing commendation by the American College of f democracy—where free speech and political Surgeons as a Certified Comprehensive Can- HONORING BRETT EVERETT WOOD discourse are encouraged—and applaud the cer Program. perseverance of those who have worked to protect the civil rights of the Taiwanese peo- According to the Department of Veterans Af- HON. THADDEUS G. McCOTTER ple. fairs, there are approximately 157,000 Vet- OF MICHIGAN I ask that my colleagues join me in recog- erans who are legally blind and more than one IN THE HOUSE OF REPRESENTATIVES nizing the accomplishments Taiwan has made million more suffer from low vision. On Sep- Friday, September 23, 2011 over the past 100 years, and that we will all tember 26, 2011, the Cleveland VAMC will continue to foster the important relationship Mr. MCCOTTER. Mr. Speaker, today I rise celebrate the grand opening of their new Blind that exists between the United States and one Rehabilitation Center, BRC. The 28,000 to honor Brett Everett Wood, a courageous and noble soldier, who died on September 9, of our most important Asian allies. square-foot, 15-inpatient-bed BRC will care for f blind and low-vision Veterans from Ohio, 2011 at the age of 19. Army Private First Pennsylvania, Michigan, West Virginia and Class Wood laid down his life when insurgents TRANSPARENCY IN REGULATORY attacked his unit with an improvised explosive Kentucky. In addition to working with Veterans ANALYSIS OF IMPACTS ON THE device in Kandahar Province, Afghanistan. to regain their independence and quality of NATION ACT OF 2011 A 2010 graduate of Owen Valley High life, the BRC will offer support to the Veterans’ School who enlisted shortly after his high SPEECH OF families, helping them better understand visual school graduation, Private Wood was as- HON. STENY H. HOYER impairment and providing support that will re- signed to the 1st Battalion, 5th Infantry Regi- OF MARYLAND duce caregiver burden. ment, 1st Stryker Brigade Combat Team, 25th IN THE HOUSE OF REPRESENTATIVES Mr. Speaker and colleagues, please join me Infantry Division based in Fort Wainwright, in recognizing the grand opening of the Louis Alaska. Private First Class Wood had recently Thursday, September 22, 2011 Stokes Cleveland Veteran Affairs Medical returned to active duty after recovering from The House in Committee of the Whole Center’s new Blind Rehabilitation Center. head wounds suffered in a previous IED blast. House on the state of the Union had under

VerDate Mar 15 2010 05:07 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.016 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1706 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 consideration the bill (H.R. 2401) to require ommendation was between 60 and 70 ppb, ment legislation to bring the federal hiring analyses of the cumulative and incremental which would have avoided up to 8,000 pre- process in-line with private sector best prac- impacts of certain rules and actions of the mature deaths; 3,800 nonfatal heart attacks; tices by: Environmental Protection Agency, and for Requiring agencies and departments to de- other purposes: and 40,000 asthma attacks every year. The science is clear. velop a comprehensive strategic workforce Mr. HOYER. Mr. Chair, for decades public By invoking the industry fake argument that plan focused on hiring, recruitment, skills defi- health has been the basis for how we enact pulling back the update will help the economy, ciencies and potential process reforms; emissions standards. The bill before us today, the Obama Administration has chosen to act Moving the federal government to a resume- the TRAIN Act, represents a view of environ- in contravention of the Clean Air Act, which and cover letter-based application system; mental protection that is simply off the rails. clearly prohibits consideration of costs in set- Shortening the federal hiring process to an Initially drafted to study the effect of new ting the standards designed to protect public average of 80 days after a vacancy has been and proposed clean air rules, it has troublingly health. posted; morphed into a bill blocking action on them in- Everyone has a right to clean air. This abdi- Better integrating hiring managers into all definitely. First, it would prohibit the EPA from cation of responsibility affects millions of stages of the hiring process and providing finalizing its rule to reduce mercury emissions. Americans every day, with every breath. It dis- them with greater flexibility in final decisions; This rule had its origin in the 1990 Clean Air proportionately affects the most vulnerable and Act, which passed this House with a strong bi- among us, like children, the elderly, and the ill. Requiring government wide data collection partisan vote of 401–25. An American Lung The story of the ozone rule is aptly told by and reporting on the efficacy of the hiring Association study earlier this year found that Verna Riffe Biemel, a constituent of mine. She process. today 70 percent of Republicans still support said: This legislation has a long, bipartisan his- stricter limits on mercury. Second, the TRAIN ‘‘On Aug. 4, 2010, my mother succumbed to tory—in 2009, Senators AKAKA and VOINOVICH Act would prevent the implementation of new lung disease, pulmonary fibrosis. I vividly re- authored similar legislation in the Senate. In rules protecting communities from pollutants member the difficulty she had breathing on 2010, President Obama recognized the tre- drifting over from out-of-state. bad air days. In fact, during her last year, she mendous personnel challenges facing federal Clean air regulations are ultimately invest- couldn’t go outside at all on those days and agencies and issued Improving the Federal ments in our economy. They save us hun- felt the difference inside. No one likes to see Recruitment and Hiring Process, a Presidential dreds of billions of dollars each year in health a loved one struggle to breathe. No one Memorandum on federal hiring reform that in- costs from associated lung ailments. Even fur- should have to fight for clean air. Congress cludes some of the elements in our legislation. ther, they incentivize the growth of clean tech- owes the American public the opportunity to The Senate unanimously passed the Akaka- nologies that will help us remain competitive breathe clean air.’’ Voinovich Federal Hiring Process Improve- and increase our innovation and manufac- She is right. If the President won’t do it, ment Act in the previous Congress, only to turing strength here in America. Congress should. watch it die in the House. While I oppose this bill overall, Congress- f Enactment of a substantive, bipartisan hiring men CONNOLLY and MCNERNEY have pro- reform bill is long past due. Our legislation posed amendments that would refocus the bill INTRODUCING THE HIRING PROC- seeks to codify and build upon the Administra- where Congress’s attention belongs—job cre- ESS IMPROVEMENT ACT OF 2011 tion’s memorandum, while ensuring an un- ation. Their amendments would support precedented level of transparency in and over- Democrats’ Make It in America plan by study- HON. JOHN P. SARBANES sight of the federal hiring process. The Wash- ing the job-creating effects of pollution con- OF MARYLAND ington Post called on Congress to pass the trols. Additionally, Congresswoman RICHARD- IN THE HOUSE OF REPRESENTATIVES Federal Hiring Process Improvement Act in a SON’s amendment would prevent a cut in the July 2011 editorial, arguing that ‘‘today’s anti- Friday, September 23, 2011 program reauthorized just last year by voice quated hiring practices are thwarting a genera- vote that supports American-made technology Mr. SARBANES. Mr. Speaker, in the coming tion of inspired public servants in the making.’’ to reduce diesel bus exhaust. decade, close to 50% of the federal workforce I would like to take this opportunity to thank Now is not the time to debate the environ- will be eligible to retire, making the develop- Senator AKAKA for his tremendous leadership mental protections supported overwhelmingly ment of the next generation of federal workers on federal hiring and recruitment issues and to and on a bipartisan basis, which carry tangible even more vital. Yet, as federal agencies thank the Partnership for Public Service for health and economic benefits. Instead we struggle to recruit and retain the next genera- their advocacy in support of hiring reform. should be focusing on serious steps to get tion of public servants, we continue to force Whether it is a firefighter saving lives, an more Americans back to work. hiring managers and prospective candidates to agent protecting our borders, a scientist pio- f navigate an out-dated and bureaucratic hiring neering new research, or a nurse caring for process that deters the best and brightest our veterans, we owe it to taxpayers and the NATIONAL AMBIENT AIR QUALITY from pursuing careers in public service. next generation of public servants to build a STANDARD UNDER THE CLEAN In short, the Federal hiring process is bro- better hiring process and to ensure that those AIR ACT ken. Despite increased pressure from the Ad- with the desire to serve our country are able ministration to improve hiring and recruitment to do so. HON. DENNIS J. KUCINICH processes: [From the Washington Post, July 3, 2011] OF OHIO Many federal agencies still take as long as THE FEDERAL GOVERNMENT IS STILL TOO IN THE HOUSE OF REPRESENTATIVES 200 days from the date of a vacancy to hire— SLOW TO HIRE delays that compromise federal recruitment, Friday, September 23, 2011 Less lucrative compensation and benefits jeopardize government operations and waste aren’t the only factors turning thousands of Mr. KUCINICH. Mr. Speaker, yesterday we taxpayer dollars. promising college graduates away from pub- learned that, according to Environment Ohio, The hiring process at federal agencies in- lic service. The hiring process for employ- the Cleveland Lorain Elyria area has the 14th volves as many as 110 discrete steps and ment in the federal government also remains smoggiest air among all large metropolitan more than 45 hand-offs between managers, impossibly long, and many recent alumni areas in the U.S. Only a few weeks ago, the just aren’t financially equipped to wait it administrative officers and HR specialists. out. President announced he would prevent an up- In some agencies, hiring managers are re- More than a year ago, President Obama date of the rule designed to reduce smog. The quired to select from the three highest-rated launched what the administration called a American people deserve clean air. candidates selected by HR specialists, making ‘‘comprehensive initiative to address major, The Bush Administration failed to update it impossible for managers to play a role in re- long-standing impediments to recruiting and National Ambient Air Quality Standard cruiting their own staff. hiring the best and the brightest into the (NAAQS) under the Clean Air Act for ozone Rather than base initial screening decisions federal civilian workforce.’’ Mr. Obama di- pollution until 2006, when a standard was on applicants’ resume and cover letter, can- rected the Office of Personnel Management (OPM) to institute reforms—dubbed the issued which was much less protective of pub- didates for federal employment must provide Pathway Programs—to streamline hiring for lic health than his scientific advisory board lengthy, essay-style responses about the ap- students as well as recent graduates. As The recommended; 75 parts per billion (ppb) of plicants’ knowledge, skills and abilities (KSAs). Post reported then, ‘‘Management Director ozone, an air pollutant that is hazardous to That is why I have joined Senator AKAKA in John Berry drew a rousing ovation’’ when fragile lung tissue. The scientific advisors’ rec- authoring this common-sense, good govern- the agency announced it was replacing

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.020 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1707 cumberson ‘‘skills essays’’ with re´sume´- moting bilateral relations and in extending best Military Funeral Honors Program. The Maine based applications. wishes for continued success in his future en- Army National Guard Military Funeral Honors Despite the initiative, many federal agen- deavors. Program offers the military honors that are cies still take as long as 200 days from the date of a vacancy to hire. While Christine f now an entitlement to all honorably discharged veterans. Griffin, deputy director of OPM, told Senate TRANSPARENCY IN REGULATORY panel last month that the OPM efforts had The rendering of Military Funeral Honors is ‘‘systemically overhauled’’ the process and ANALYSIS OF IMPACTS ON THE a way to show the Nation’s deep gratitude to made the USAJOBS Web site more ‘‘efficient NATION ACT OF 2011 those who, in times of war and peace, have and user-friendly,’’ other experts disagreed. faithfully defended our country. This ceremo- The dean of Harvard’s Kennedy School of SPEECH OF nial paying of respect is the final demonstra- Government and the director of the National HON. STEPHEN LEE FINCHER tion a grateful Nation can provide to the vet- Association of Schools of Public Affairs con- erans’ families. tended that the government continues to OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES Established in 2003, the Maine Army Na- drives away a majority of graduate degree tional Guard Military Funeral Honors Program holders. Thursday, September 22, 2011 This failing couldn’t come at a worse time: serves the veterans of Maine with honor and The government will face its largest wave of The House in Committee of the Whole respect. The soldiers who make up the Fu- employee retirements in the next five years, House on the state of the Union had under neral Honors Program are of the highest cal- and critical posts in fields such as national consideration the bill (H.R. 2401) to require iber that Maine has to offer and deserve our security and science will need to be filled. analyses of the cumulative and incremental recognition. Luckily, there is a bipartisan answer. The impacts of certain rules and actions of the Mr. Speaker, please join me in thanking the Federal Hiring Process Improvement Act of Environmental Protection Agency, and for Maine Army National Guard Military Funeral other purposes: 2010, co-sponsored by Sen. Daniel Akaka (D– Honors Program for their outstanding service Hawaii) and then-Sen. George Voinovich (R– Mr. FINCHER. Mr. Chair, I come to the floor for Maine’s veterans and their families. Ohio), was passed unanimously by the Sen- this morning to discuss an issue important to f ate. The bill, intended to build on the presi- all American families living on a budget. dent’s directive, requires all agencies to RECOGNIZING THE ACCOMPLISH- limit their hiring time to 80 days, inform job This Administration’s overreaching regula- candidates of their statuses in a timely man- tions placed on energy are causing increases MENTS OF JAKE DENHART ner, convert to a universal re´sume´ applica- to American families’ utility bills. tion and craft job descriptions as well as an- Families need certainty that their energy HON. DAN BURTON nouncements in plain writing. needs will be met and their energy costs will OF INDIANA The bill failed to pass the House, thanks to remain low. IN THE HOUSE OF REPRESENTATIVES lawmakers leery of affiliating themselves Which is why, I have introduced America’s Friday, September 23, 2011 with ‘‘federal hiring’’ legislation at a time Energy Independence Act, which prevents the when government spending is unpopular. But EPA from enforcing the Cross-State Air Pollu- Mr. BURTON of Indiana. Mr. Speaker, I rise it makes no sense to punish recent college today to recognize the accomplishments of graduates for the excessive spending of the tion rule for 10 years to keep the cost of utili- ties low for families. one of my younger constituents—Jake past. Denhart, who at only 16 years old has exuded Mr. Akaka, who chairs the subcommittee As we all know, the Cross-State Air Pollu- on oversight of government management and tion rule finalized by the Environmental Protec- a true entrepreneurial spirit. For years, Jake the federal workforce, is lobbying anew for tion Agency on July 6, 2011, and will lead to has been working around his neighborhood, ratification of his proposed reform. negative increases in energy prices for fami- shoveling snow and mowing lawns for small His measure deserves support. It’s time for lies, job loss, with what benefit. fees. He even decided to give his business a the federal government to take the recruit- name, calling it ‘‘Innovative Solutions.’’ From ing of human resources as seriously as suc- This country needs to create a stable regu- latory environment, where the energy costs to what I understand, Jake has managed to put cessful private and nonprofit organizations away almost $20K in savings earned from the do. Today’s antiquated hiring practices are families is balanced with the benefit of the reg- thwarting a generation of inspired public ulation, allowing families to have certainty that work he has done over the years. Through his servants in the making. any new rules and regulations will have their hard work, he has also earned a high level of trust with his neighbors. f best interests in mind. Mr. Speaker, this rule was just recently up- Jake’s hard work was also reflected on the HONORING YASHAR ALIYEV dated in 2005. academic front when one of his teachers at Simply put, this regulation will have a signifi- Noblesville High School, Joe Toms, nominated HON. VIRGINIA FOXX cant negative economic impact of $2.4 billion him to participate in the Purdue Research OF NORTH CAROLINA dollars a year, a cost that will be passed to Park Entrepreneurship Academy, established IN THE HOUSE OF REPRESENTATIVES families across the country, including the by Purdue University. Jake was among the 50 students from the state of Indiana who was Friday, September 23, 2011 Eighth District of Tennessee. The bottom line is that the EPA’s Cross- chosen to participate, based on an essay, in Ms. FOXX. Mr. Speaker, I rise today to State Air Pollution rule will contribute to a re- the week-long academy. The purpose is to honor the distinguished service of His Excel- duction in energy outputs, and an increase to provide innovative math, science, and tech- lency Yashar Aliyev, Ambassador Extraor- families’ utility bills. nology-based business and life skills by hav- dinary and Plenipotentiary of the Republic of At a time when families are struggling to ing the students work in teams on a business Azerbaijan to the United States of America. make ends meet, the last action the Obama case. Throughout the week, they have the op- Mr. Aliyev is completing his term as Ambas- Administration should take is another multi-bil- portunity to interact with industry leaders and sador to the United States after five years of lion dollar regulation that kills jobs and in- successful entrepreneurs. The competing service. Before he accepted his assignment to crease costs. teams spend the week developing a business come to the United States in 2006, he served That is why I would like to thank the House plan to make an ‘‘investor pitch’’ to a panel of as Azerbaijan’s Permanent Representative to Committee on Energy and Commerce for in- judges. These students truly exude creativity, the United Nations. cluding the language of H.R. 2891. initiative, overall academic strength, and an in- Ambassador Aliyev has worked tirelessly f terest in concepts and concerns that are rel- and effectively to strengthen the strategic part- evant to entrepreneurship, which will carry nership between Azerbaijan and the United HONORING THE MAINE ARMY NA- them far as they embark on their future ca- States. TIONAL GUARD MILITARY FU- reers. Through frequent and productive commu- NERAL HONORS PROGRAM I am proud to represent such a young con- nications with the United States Congress, stituent who not only understands the value of Ambassador Aliyev has helped raise aware- HON. MICHAEL H. MICHAUD money, but also knows how to save it. Jake’s ness of the issues pertaining to Azerbaijan OF MAINE success is a measure of his strong work ethic, and foster mutual understanding between the IN THE HOUSE OF REPRESENTATIVES for which I commend him. I believe it is impor- peoples of the two countries. tant to remember stories like these in such try- I ask my colleagues to join me today in rec- Friday, September 23, 2011 ing economic times, which keep our spirits ognizing Ambassador Aliyev for his exemplary Mr. MICHAUD. Mr. Speaker, I rise today to alive—not only in Indiana, but throughout the service and valuable contributions to pro- recognize the Maine Army National Guard Nation.

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.023 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1708 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 IN RECOGNITION OF THE 88TH AN- member of the free nations of the world, even included Daniel Black, Joe Bonadonna, Mark NUAL FEAST OF ST. WENCES- though it is burdened with particular and Canha, Ryan Fisher, and Noah Perio. The LAUS unique diplomatic challenges—challenges outfielders were lssac Galloway, Marcell which the Taiwanese people and government Ozuna, James Wooster, and Christian Yelich. HON. DENNIS J. KUCINICH have met with courage. Only one of those on the disabled list, Zachary OF OHIO On the occasion of the Republic of China’s Neal, made it onto the post-season roster, but the others contributed during the year and IN THE HOUSE OF REPRESENTATIVES Centennial National Day, I hope there can be renewed peaceful coexistence and co-pros- they included Kevin Cravey, Alan Oaks, Jay Friday, September 23, 2011 perity between Taiwan and the Chinese main- Rogers, Adam Veres, and Sean Watson. Mr. KUCINICH. Mr. Speaker, I rise today in land. There have been many agreements Greensboro is one of the best-run minor recognition of the Czech Catholics of Greater reached between the two sides, including di- league teams in the entire United States and Cleveland’s 88th Annual Feast of St. Wences- rect air and sea links, increased mutual invest- it is because of an outstanding front office. laus on September 24, 2011 at Our Lady of ments, and regular negotiations over eco- This championship caliber group includes: Lourdes Parish. This year’s celebration will nomic and other substantial issues. Donald Moore, President/General Manager; also honor the 100th anniversary of the found- Also, I offer my congratulations to Taiwan Katie Dannemiller, Vice President, Baseball ing of Cleveland’s former Holy Family Parish. for its continued participation in the World Operations; Jimmy Kesler, CFO; Tim Vangel, St. Wenceslaus is the patron saint of the Health Assembly meetings last May in Geneva Assistant General Manager, Sales and Mar- Czech Republic. Every year, his feast day, and to its continuing commitment to safe- keting; Jake Holloway, Assistant General Man- September 28th, is celebrated by Czech com- guarding human rights and other universal val- ager, Head Groundskeeper; Erich Dietz, Direc- munities around the world. St. Wenceslaus ues. tor of Ticketing; Todd Olson, Sales Associate; was the leader of Old Bohemia during the Congratulations to the Republic of China. I Murray White, Sales Associate; Joey Burridge, early part of the 10th Century. During his ten- look forward to closer relations between the Sales Associate/Ticket Representative; ure as king, St. Wenceslaus took a vow of United States and Taiwan. Rosalee Brewer, Sales Associate; John Red- chastity and was devoted to his Christian faith. f head, Executive Director of Business Develop- Killed by his brother, St. Wenceslaus was later ment; Laura Damico, Director of Community canonized as a martyr of the Christian faith. THE COME-FROM-BEHIND and Event Development; Shawn Russell, Di- In addition to celebrating the Feast of St. GRASSHOPPERS WIN IT ALL rector of Promotions/Production; Amanda Wil- Wenceslaus, the 100th anniversary of the liams, Director of Creative Services; Yunhui founding of the former Holy Family Parish will HON. HOWARD COBLE Bradshaw, Director of Merchandise; Chad be recognized at this year’s celebration. Holy OF NORTH CAROLINA Green, Assistant Director of Stadium Oper- Family was founded on November 6, 1911 IN THE HOUSE OF REPRESENTATIVES ations; Kaid Musgrave, Assistant Groundskeeper; and Bob Perry, Clubhouse Di- after Father Rudolph Habrda noticed Bohe- Friday, September 23, 2011 mian families moving into Cleveland’s Wood- rector. land Hills neighborhood. Over the years, as Mr. COBLE. Mr. Speaker, as Major League Championship Skipper Andy Haines was parishioners began to move to the suburbs, Baseball begins its post-season push, the pro- ably assisted by Pitching Coach Willie Glen the parish school merged with St. Cecilia, fessional minor leagues are concluding their and Hitting Coach Kevin Randel. The players Epiphany and St. Mary of Czestochowa to seasons. The citizens of the Sixth District of were kept in championship form all season form Mr. Pleasant Elementary School. In North Carolina are celebrating the first cham- long by Athletic Trainer Masa Fujimoto and 1988, the Holy Family Parish was closed. pionship since 1982 of the Greensboro Grass- Strength and Conditioning Coach Cody Clark. On behalf of the citizens of the Sixth District Our Lady of Lourdes Parish is one of only hoppers of the South Atlantic League. of North Carolina, we congratulate Greensboro two Czech congregations left in the Cleveland The Hoppers—as their fans affectionately Grasshoppers owners Cooper Brantley, Wes Catholic Diocese, along with St. John call them—were a dramatic, come-from-behind Elingburg and Len White and everyone affili- Nepomucene in Slavic Village. The Czech team all season. It took the final games of the ated with the Hoppers on providing its fans Catholics of Greater Cleveland will gather to- season for the Hoppers to even qualify for with so many dramatic moments during a gether on September 24th for mass and a post-season play. Greensboro split the first memorable season. All of us who love the celebration featuring the Hronek Czech Band. two games at home in the best-of-five cham- Mr. Speaker and colleagues, please join me pionship series against the Savannah Sand Hoppers are basking in the glow of the first in recognition of the 88th Annual Feast of St. Gnats. When the series moved to Savannah, South Atlantic League Championship since Wenceslaus. I offer my best wishes to the the Hoppers lost game three to the Sand 1982. We may see some of today’s Grass- Czech Catholics of Greater Cleveland and all Gnats. It has been 11 years in the ‘‘Sally hoppers playing for the parent club—the Flor- those who attend this joyous celebration. League’’ since a team leading two-games-to- ida Marlins—in the near future, but none of us one failed to clinch the championship. With will forget the 2011 season when Greensboro f Savannah needing only one more win to cap- came from behind numerous times to win it TAIWAN CENTENNIAL NATIONAL ture the South Atlantic League title, the Hop- all. DAY pers were facing the end of their season, f when they pulled out a heart-stopping, 11-in- TRIBUTE TO DARRELL WALTRIP HON. THOMAS E. PETRI ning win to force a fifth and deciding game. Even in the championship game, Greens- OF WISCONSIN HON. MARSHA BLACKBURN IN THE HOUSE OF REPRESENTATIVES boro fell behind 2–0 early before cruising to 7– 3 win to capture its first South Atlantic League OF TENNESSEE Friday, September 23, 2011 championship in almost three decades. Hop- IN THE HOUSE OF REPRESENTATIVES Mr. PETRI. Mr. Speaker, I salute Taiwan on pers Manager Andy Haines told the Greens- Friday, September 23, 2011 its forthcoming Centennial National Day, also boro News & Record that he could not pick a Mrs. BLACKBURN. Mr. Speaker, on this known as Double-10 Day, October 10, 2011. Most Valuable Player for the series. ‘‘There’s week when NASCAR’s Chase for the Cup be- The Republic of China on Taiwan is a no way I could name anyone,’’ Haines told the gins, I rise today to celebrate another land- model of success for Asia. For over six dec- newspaper. ‘‘We had a lot of guys contribute. mark achievement for a 3-time Cup winner ades now, the Taiwanese people have strug- It was someone different every night.’’ and resident of Tennessee’s 7th District who I gled to lift their island into the top ranks of the All of the Grasshoppers can be proud of the am truly privileged to call a good friend. Dar- world’s economies. The recently released regular season, along with the dramatic run to rell Waltrip will join the third class of inductees 2010 World Competitive Yearbook finds Tai- the title. Among those who were part of in the NASCAR Hall of Fame. wan to have the 8th most competitive econ- Greensboro’s first championship since 1982 Darrell was born and raised in Owensboro, omy among the 58 countries surveyed. included: pitchers Michael Brady, Alex Kentucky, but began making his mark as a Over the past year, the number of employed Caldera, Jordan Conley, Grant Dayton, James professional driver at the old Nashville Speed- people has increased and the unemployment Leverton, Miguel Mejia, Robert Morey, Greg- way in the 1970s. We are proud that Darrell rate has dropped to an enviable 5.17 percent. ory Nappo, Mike Ojala, Chris Shafer, Rett and his wife, Stevie call Franklin, Tennessee Even more important than its economic Varner, Kyle Winters, and Brett Zawacki. The home. achievements, Taiwan has developed into a catchers were Aaron Dudley, Wilfredo This much-deserved accolade caps D.W.’s strong and vibrant democracy. It is a valued Gimenez, and Jacob Realmuto. The infielders legendary career which included three

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.010 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1709 NASCAR Cup series championships, 84 Cup Mr. Speaker, in recognizing the many con- Therefore, Mr. Speaker, it is appropriate at victories, the 1989 Daytona 500, and five-time tributions the National Association of Conven- this time for us to congratulate and applaud winner of The Coca-Cola 600. Darrell had 271 ience Stores has made to our Nation and to the proprietors and staff of Charles Krug Win- top-five finishes and 390 top-tens, not to men- our history, I join my colleagues in celebrating ery for their outstanding and ongoing work, tion 13 Grand National Series wins. He’s been the 50th anniversary of its founding. embodying and representing some of the best the American Driver of the Year three times, f that Napa Valley and California have to offer. the Auto Racing Digest Driver of the Year We wish them all much success in the future. HONORING CHARLES KRUG WIN- twice, and once NASCAR’s Driver of the Dec- ERY OF ST. HELENA, CALI- ade. f FORNIA We’ve seen him race the track, we now seen him announce the sport he loves, and IN RECOGNITION OF THE DAVID we look forward to watching him be enshrined HON. MIKE THOMPSON WEBSTER GREENER WAY TO into the NASCAR Hall of Fame. Mister Speak- OF CALIFORNIA WORK DAY er, I rise today to honor Darrell Waltrip on this IN THE HOUSE OF REPRESENTATIVES great success and ask my colleagues to join Friday, September 23, 2011 HON. DENNIS J. KUCINICH me in one hearty ‘‘Boogity, Boogity, Boogity’’. Mr. THOMPSON of California. Mr. Speaker, OF OHIO Way to go, D.W. It’s another checkered flag I rise today in recognition of Charles Krug for you. Winery, Napa Valley’s oldest and most historic IN THE HOUSE OF REPRESENTATIVES f winemaking establishment, and among the re- Friday, September 23, 2011 gion’s most highly acclaimed and admired RECOGNIZING THE 50TH ANNIVER- firms. Charles Krug will be celebrating its Mr. KUCINICH. Mr. Speaker, I rise to recog- SARY OF THE FOUNDING OF THE 150th anniversary this year and in so doing nize September 23, 2011, as the Cleveland NATIONAL ASSOCIATION OF CON- will salute the century and a half of rich tradi- Metropolitan Bar Association’s (CMBA) 3rd VENIENCE STORES tions and extraordinary wines cultivated under Annual ‘‘David Webster Greener Way to Work the esteemed brand. Day,’’ and to remember David Webster, legal HON. DORIS O. MATSUI In its long, storied history, Charles Krug has scholar, litigator, entrepreneur, and environ- OF CALIFORNIA played host to and benefitted greatly from the mentalist, who died at age 46 from cancer on IN THE HOUSE OF REPRESENTATIVES hard work and immense accomplishments of March 13, 2009, but whose achievements Friday, September 23, 2011 some of the most famous and brilliant Wine were many in his short life. Country luminaries. Among them were founder David Webster overcame alcoholism at a Ms. MATSUI. Mr. Speaker, I rise today to Charles Krug himself, Robert Mondavi, propri- young age and went on to sponsor others in commemorate the 50th anniversary of the etor Peter Mondavi, Sr., and the current recovery. He accomplished much and saw life founding of the National Association of Con- winemakers, brothers Peter, Jr., and Marc as an adventure. At Case Western Reserve venience Stores (NACS). Mondavi. Today, the winery produces a line of School of Law, he graduated magna cum Originally founded in 1961, today NACS super-premium and reserve wines, all made laude and was an editor of Law Review, represents more than 3,700 companies that with estate-grown, sustainably farmed fruit where he met his wife Beth. do business in more than 50 countries world- from each of Napa Valley’s esteemed sub-ap- Upon graduation from law school, David be- wide. pellations: St. Helena, Cameros, Howell Moun- The convenience retailing industry in Amer- came a commercial lawyer with broad experi- tain and Yountville. ence in matters involving banking, commodity ica generates $575 billion dollars in sales an- Charles Krug was the first outfit in the Napa trading, securities, technology, real estate, in- nually, in its more than 146,000-plus stores Valley to implement a handful of revolutionary tellectual property, and his passion, environ- across the country, and employs 1.73 million techniques and technologies including the use mental law. Merging his knowledge of com- Americans. The industry is growing steadily as of the cider press in 1858, the differentiation of modity trading and environmental law, he well—sales are more than 13 times higher product labels by vintage and varietal, the use founded INHALE, which later became the than what they were three decades ago. Cu- of glass-lined tanks and the use of French oak Clean Air Conservancy, an organization which mulatively, the U.S. convenience store indus- barrels in 1963. The winery’s estate vineyards worked within the manufacturing economy and try alone serves 160 million customers per have also been the sites of some historic inno- the commodities market to reduce air pollution day. vations in the field of viticulture. Krug was the It is convenience stores that keep America’s first vintner to purchase and develop vineyard by acquiring and retiring pollution allowances. motors running. Convenience stores sell 80 land in the Howell Mountain area of Napa Val- Outside Magazine dubbed the Clean Air Con- percent of all fuel sales in the country, and 80 ley. Peter Mondavi, Sr., avoided a costly re- servancy one of the 10 best small environ- percent of convenience stores sell gasoline. planting of the winery’s vineyards when he mental non-profits. While NACS boasts the membership of 49 bucked industry and rejected recommenda- David Webster was an aggressive litigator of the top 50 convenience store companies, tions to plant the AXR1 rootstock, which was who took on music giant Sony and won a the majority of its membership consists of later found to be vulnerable to industry-rav- judgment of more than $5 million for the late small, independent operators that own 10 aging phylloxera damage. More impressive Cleveland music producer Steve Popovich stores or less. More than half of convenience still, he was among the first vintners to de- over credit for Meatloaf’s hottest album, ‘‘Bat stores are owned by single-store operators. velop vineyards in and around Carneros, dem- out of Hell.’’ He was a founding partner of the NACS helps member retailers to grow their onstrating that Chardonnay, Pinot Noir and law firm Webster & Dubyak and was also ac- businesses, from research and marketing to Merlot wines made from the grapes of this tively involved in the Cuyahoga County Bar human resources and management. sub-appellation could reach high standards of Association, the Federal Bar Association, and NACS also helps to advocate for those quality. the American Bar Association. He was a driv- issues that are vital to these small business Though Charles Krug Winery emerged as ing force behind the merger of the Cuyahoga owners. From motor fuel policy, to prevention an early leader in the Napa Valley wine com- County and the Cleveland Bar Associations of tobacco sales to minors, to the provision of munity, the company’s commitment to serving and was the President-elect of the merged health care for its 1.73 million employees, the greater needs of the industry has always CMBA at the time of his passing. NACS is an industry leader in making sure been a constant. Krug founded the St. Helena Mr. Speaker and colleagues, today, we ob- their voices are heard. Viticultural Society in 1875, and assisted serve the 3rd Annual David Webster Greener Convenience stores provide a speed of shortly thereafter with the establishment of the Way to Work Day. The CMBA encourages us transaction that is unparalleled, and the large Napa and Sonoma Wine Company, a collabo- to find a greener way to travel to and from number of locations limits travel time for con- rative effort between producers to improve the work, whether through public transportation, sumers. Additionally, they are often the only quality of wine shipped to the East Coast. biking, walking or carpooling. The CMBA will source of food or fuel for families outside of Today, after a century and a half’s worth of honor David’s memory with a noon luncheon normal business hours. The extended hours work, the Charles Krug brand retains its place at the CMBA offices with a special tribute and flexibility of convenience stores mean that as one of the premier winemaking establish- presentation. Please join me in honoring the they play a vital role in the communities they ments in the Napa Valley region with a port- memory of David Webster by joining with the serve and customers are able to quickly pick folio of wines that compete with the highest CMBA in taking action to protect our environ- up what they want, when they need it. ranks of the national and international arenas. ment.

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.030 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1710 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 RECOGNIZING THE ACHIEVEMENTS The Clean Air Act is one of the most suc- Certified-Master-Chef-per-student ratio than OF ALBERT E. TREXLER cessful public health programs in American any other culinary school in the country. The history—with a return of more than $30 in VistaTech Center also is home to the Amer- HON. JIM GERLACH benefits for every dollar invested in pollution ican Harvest Restaurant, a student operated OF PENNSYLVANIA reductions over the life of this law. restaurant, where students provide exceptional IN THE HOUSE OF REPRESENTATIVES The TRAIN Act is a direct attack on the gourmet cuisine and service to the local pub- Clean Air Act and its regulations. This bill lic. Friday, September 23, 2011 blocks EPA’s ability to move forward with two In 2008, Schoolcraft hosted the grand open- Mr. GERLACH. Mr. Speaker, I rise today to long overdue Clean Air Act rules—the Mercury ing for the new Biomedical Technology Cen- congratulate Albert E. Trexler of the Pennsyl- and Air Toxics Standard and the Cross-State ter, BTC. This cutting edge building is home to vania Institute of Certified Public Accountants Air Pollution Rule—which will reduce harmful several science and technology-focused pro- for his 42 years of service to that organization, air pollution that threatens public health, espe- grams and its growing nursing program. This including his 35 years as secretary, executive cially the health of the most vulnerable popu- building supports the mission to train our director, and CEO. lations, including children and seniors. youth in promising future careers in the high Under Albert’s leadership, PICPA member- The Republicans’ attack on the Clean Air tech and biomedical fields. The Biomedical ship has grown by 184% and its membership Act and its work to dismantle the EPA will not Technology Center hosts truly top-notch labs: base expanded to include future CPAs only result in job loss but will result in poorer Imaging and Analysis Lab, Anatomy and through accounting affiliate and student mem- public health across this Nation. Physiology Lab, Biomedical Engineering Tech- bership categories. He also provided more Rather than the Republicans taking action to nology Lab, Cellular and Molecular Biology local networking and leadership opportunities create jobs, this bill cuts funding to create Lab. as the PICPA grew from nine to eleven chap- green jobs. From an initial enrollment of 2,425, attend- ters. We should move President Obama’s Amer- ance has now grown to more than 36,000 stu- Additionally, Albert has championed advo- ican Jobs Act now to begin to give Americans dents each year, each of whom can choose cacy efforts to include a full-time presence in what they want: a job. from 70 academic majors. Schoolcraft’s Con- Harrisburg to support implementation of CPA I urge a no vote on this measure and urge tinuing Education and Professional Develop- law changes. Included in this effort was man- the Republicans to stop playing political ment Courses reach an additional 16,000 an- datory continuing professional education to games and couching deregulation as job cre- nually through credential programs, profes- bring the Commonwealth in compliance with ation. Wall Street got deregulated and the re- sional development, personal enrichment, and substantial equivalency and permit interstate sult was a financial crisis. The American peo- courses designed to further personal interests. mobility for PICPA members. ple do not need an environmental and public Mr. Speaker, Schoolcraft College has Further, Albert Trexler has supported indus- health crisis, the American people need jobs. served, trained, educated and advanced the interests of our region for 50 years. As a try-specific conferences and robust profes- f sional education course offerings and delivery former Schoolcraft College trustee, I ask that methods to respond to the growing demands HONORING SCHOOLCRAFT we congratulate them on their devoted service for specialized knowledge, changing member- COLLEGE as an exemplary and vibrant campus, finding ship demographics, and technical advance- innovative ways to inspire students of all ages ments. HON. THADDEUS G. McCOTTER to achieve more than they ever thought pos- Mr. Speaker, in light of his years of service OF MICHIGAN sible. to PICPA and a litany of outstanding accom- IN THE HOUSE OF REPRESENTATIVES f plishments, I ask that my colleagues join me today in recognizing Albert E. Trexler on the Friday, September 23, 2011 MOURNING THE PASSING AND HONORING THE LIFE OF HARRY occasion of his retirement as executive direc- Mr. MCCOTTER. Mr. Speaker, I rise today ‘‘BUS’’ YOURELL tor and CEO and also on the conference upon to pay tribute to Schoolcraft College in my him with the lifetime designation of PICPA Ex- hometown of Livonia, Michigan as it cele- ecutive Director Emeritus. brates 50 years of serving the residents of HON. DANIEL LIPINSKI OF ILLINOIS f southeastern Michigan. In October of 1961, voters approved the for- IN THE HOUSE OF REPRESENTATIVES TRANSPARENCY IN REGULATORY mation of Northwest Wayne Community Col- Friday, September 23, 2011 ANALYSIS OF IMPACTS ON THE lege. On February 6, 1963 the college was re- NATION ACT OF 2011 Mr. LIPINSKI. Mr. Speaker, I rise to mourn named Schoolcraft College in honor of Henry the passing, and to celebrate the life of Harry SPEECH OF Rowe Schoolcraft, an American geographer, ‘‘Bus’’ Yourell. Mr. Yourell was a man who geologist, and ethnologist, noted for his early loved his family, his community, and his coun- HON. BARBARA LEE studies of Native American cultures, as well as try, and had a general love of life. OF CALIFORNIA for his 1832 discovery of the source of the Mr. Yourell’s public service began on De- IN THE HOUSE OF REPRESENTATIVES Mississippi River. cember 7, 1941, the day Pearl Harbor was at- Thursday, September 22, 2011 An essential part of our community, tacked and the day he signed up for the Ma- Schoolcraft College continues to provide out- The House in Committee of the Whole rine Corps. A proud Marine, he was awarded House on the state of the Union had under standing and affordable educational opportuni- a Bronze Star for saving an injured friend and consideration the bill (H.R. 2401) to require ties to a district reaching into three counties, he earned three Purple Hearts for his own in- analyses of the cumulative and incremental sixteen municipalities and six school districts. juries. Having fought bravely at Guadalcanal, impacts of certain rules and actions of the While best known for its Culinary Arts, Nursing Bougainville, Guam, and Iwo Jima, Mr. Yourell Environmental Protection Agency, and for and Public Safety programs, Schoolcraft exemplifies the ‘‘Greatest Generation.’’ other purposes: serves students by providing general edu- Mr. Yourell continued his service in 1959 Ms. LEE of California. Mr. Chair, I am proud cation and transfer credits at reasonable cost. when he was elected Trustee in the Village of to serve as a Representative of California’s Having served as a member of the Oak Lawn. In 1966, he became a Representa- Ninth Congressional District, which has long Schoolcraft College Board of Trustees, I am tive in the Illinois House and went on to serve been at the forefront of the environmental impressed by the college’s intelligent invest- nine terms. He also served as Worth Town- movement, including working on the critical ment in expanding and upgrading the school’s ship Democratic committeeman, Cook County issue of climate change, as well as fighting for infrastructure. This has provided tremendous Recorder of Deeds, and Commissioner for the renewable energy, green jobs, and environ- opportunities to educate and re-train the work- Metropolitan Water Reclamation District. He mental justice. force in Southeast Michigan. In 2003, the rib- retired in 2006 having won 40 elections with- That is why I am speaking today against the bon cutting ceremony opened the VistaTech out ever losing one. An Oak Lawn street and TRAIN Act—it undermines the Clean Air Act’s Center. A state of the art facility, it is home to a Water Reclamation District aeration station ability to crack down on air pollution, threat- Schoolcraft College’s award winning culinary bear his name, and he is remembered fondly ening the quality of life for our children, our arts program and business development cen- by tens of thousands of residents of Oak families and our communities, including my ter. The Culinary Arts Department boasts four Lawn, Worth Township, and Cook County. constituents in the East Bay, many of whom Certified Master Chefs and seven Executive Even as a senior citizen, Mr. Yourell still ex- already suffer unjustly from poor air quality. Chefs. This gives Schoolcraft College a higher hibited a youthful love for life. He bungee

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.012 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1711 jumped in New Zealand at age 85 and was Margaret served as Buffalo’s first lady for 16 RECOGNIZING NATIONAL CHILD- known for his love of dancing, even at his 90th years from 1978–1994, and was considered HOOD OBESITY AWARENESS birthday party. Mr. Yourell is survived by his the mayor’s most trusted ally. MONTH AND CHILDREN’S HOS- wife, Millie, three children, five grandchildren Margaret preferred to stay out of the public PITALS and six great-grandchildren. spotlight and let her husband make the head- Please join me in mourning the loss of a lines during his time in office, but she always HON. PATRICK J. TIBERI model citizen and a loving family man, Harry remained influential in her husband’s decision OF OHIO ‘‘Bus’’ Yourell. His passion and commitment to making as they worked together to enhance IN THE HOUSE OF REPRESENTATIVES his community and his country will continue to the lives of the citizens of Buffalo, NY. inspire us all for years to come. While her husband led the City through tu- Friday, September 23, 2011 f multuous years, Margaret was described by Mr. TIBERI. Mr. Speaker, there is no ques- her children as ‘‘the backbone’’ of their family tion that childhood obesity is among the most RECOGNIZING THE TOWN OF PORT as she set as example of strength and poise serious health problems affecting our nation’s BARRE ON ITS 100TH ANNIVER- to her children as they grew up in the political children. Indeed, approximately 17 percent of SARY spotlight. children and adolescents age 2–19 years in Margaret’s children recall how she and her the United States are obese. The problem is HON. CHARLES W. BOUSTANY, JR. husband made a great couple, loved each only growing in magnitude, as over the past OF LOUISIANA other very much, and loved to laugh and remi- two decades, the prevalence of children who IN THE HOUSE OF REPRESENTATIVES nisce with friends. are obese has doubled, while the number of Friday, September 23, 2011 Later in her life, Margaret became ‘‘Nana adolescents who are obese has tripled. As co-chair of the Congressional Task Mr. BOUSTANY. Mr. Speaker, I would like Margie’’ and displayed the same love for her Force on Childhood Obesity and in recognition to join the town of Port Barre in celebrating grandchildren as she did for the rest of her of September as National Childhood Obesity their 100th anniversary. Situated off of U.S. family. Awareness Month, it is imperative that we Highway 190 and a few miles away from Inter- Mr. Speaker, I ask that my colleagues join begin to identify and promote solutions to the state 49, Port Barre is referred to as ‘‘The me today in remembering Margaret Griffin, a childhood obesity epidemic. One of the key Birthplace of Bayou Teche.’’ truly remarkable wife, mother, grandmother, Port Barre’s history dates back to 1820 friend, and servant of the City of Buffalo and places to look towards is the work of our chil- when Charles Barre purchased a large section its citizens. dren’s hospitals. Children’s hospitals across the country are of bayou land and used it for his business en- I wish to extend my deepest condolences to working to provide unique solutions for both terprises. Before the advent of railroads, the family of Mrs. Margaret Griffin, to her chil- treating and preventing childhood obesity. In steamboats provided transportation for trav- dren Maureen and John Tomczak, Megan and my home district, in Columbus, Ohio, Nation- elers and many different types of goods. Port Thomas and Colleen Griffin, to her grand- wide Children’s Hospital has created programs Barre provided its surrounding areas with a children and surviving family and friends. Mrs. which approach the obesity epidemic from lifeline to these much needed resources. The Griffin earned the respect of many and al- multiple angles, partnering with other organi- business opportunities drew people to the though words cannot truly express the kind zations like the YMCA and Ohio Healthy area, and on June 7, 1911, Governor J. G. and fun-loving woman that Margie was, it is Weight Outcomes Coalition to help foster a Sanders officially incorporated the town. my hope that the memories and stories of Port Barre not only brought goods and serv- Mrs. Griffin can serve as a lasting tribute to multi-lateral approach to addressing the epi- ices into the area, but it has also historically her life and service to so many families demic. been a trading region. Originally the area was throughout our great city, Buffalo, New York. One of these programs, the F.A.N., Fitness used as a trading center for French colonists and Nutrition, Club was established in 2008 as and Indians. The former trading post lands are f part of Nationwide Children’s Hospital’s pedi- atric obesity initiative to help 3rd, 4th and 5th still accessible to the community and visitors. HONORING SERVICE AT grade students in neighborhoods around the Presently, the Bayou Teche RV Park allows MINNETONKA HOMECOMING locals and tourists to enjoy the landscape and hospital experience fun activities to keep them learn the history of the site. HON. ERIK PAULSEN fit and healthy through physical activity and The town hosts a number of festivals that education. OF MINNESOTA celebrate its Cajun heritage. The Lions Club This month we applaud programs like Cracklin Festival and the Volunteer Fire De- IN THE HOUSE OF REPRESENTATIVES F.A.N. Club and our children’s hospitals, which partment’s Pirogue and Canoe Races are two Friday, September 23, 2011 in partnership with our local communities help ensure that children across the nation receive of the attractions that bring people to Port Mr. PAULSEN. Mr. Speaker, each fall, high Barre to kick up their heels. the tools and education necessary to prevent schools across America hold homecoming pa- childhood obesity. In addition to holding these unique cultural rades to bring their community together and f celebrations, Port Barre also boasts a suc- welcome back alumni. For Minnetonka High cessful economy. Backed by local businesses School this annual parade also gives the com- JOHN B. HASEMAN TRIBUTE and farmers, the area still offers job opportuni- munity an opportunity to honor its local vet- ties and supports financial growth. I congratu- erans. Each year a veteran is selected to HON. SCOTT R. TIPTON late the citizens of Port Barre and am proud carry the American flag while riding at the to be their representative in Congress. OF COLORADO front of the Minnetonka Homecoming Parade. IN THE HOUSE OF REPRESENTATIVES f This year, Lyle Bennis, a long time resident Friday, September 23, 2011 HONORING MARGARET GRIFFIN of Deephaven, Minnesota, and a World War II Navy veteran is carrying the Stars and Stripes Mr. TIPTON. Mr. Speaker, I rise today to HON. BRIAN HIGGINS at the head of the ceremony in Excelsior. honor Colonel John B. Haseman of the United Mr. Bennis was a Boatswain’s Mate 2nd States Army. I received a letter from the U.S. OF NEW YORK Class on the USS Card and USS McCook Defense Intelligence Agency informing me that IN THE HOUSE OF REPRESENTATIVES while serving in the European theater during Col. Haseman is to be a 2011 inductee into Friday, September 23, 2011 WWII. Mr. Bennis’s destroyer group recorded the Defense Attache´ System, DAS, Hall of Mr. HIGGINS. Mr. Speaker, I rise today to the most kills of German U-boat submarines in Fame. As a member of the U.S. Country honor the life of Margaret Griffin, wife of the the Atlantic. Team, Mr. Haseman served as a military ad- late former Mayor of the City of Buffalo, After victory in Europe was cemented, he viser to the ambassador and represented the James D. Griffin. was transferred to the Pacific and served in Defense Department leadership to the ambas- Mrs. Griffin was born in the early 1930s and the Philippines, and finally in U.S. occupied sador’s host nation. grew up in a large Irish family in the South Japan. Established in 1988, the Attache´ Hall of Buffalo neighborhood of the Old First Ward. Lyle Bennis’s service to our nation should Fame serves to honor DAS personnel who Margaret married James Griffin in 1968 and never be forgotten. I thank him, and congratu- have long served our nation with the prowess the couple had three children together late him for leading Minnetonka’s homecoming and distinction befitting a member of the U.S. Maureen, Megan and Thomas. parade. Military. Col. Haseman served the United

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.015 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1712 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 States in Indonesia from 1982 to 1985, and discovery of Osama bin Laden in a compound aren’t just numbers to me; each name, each again from 1990 to 1994. He also served in located less than a mile from the Pakistan face, represents a family who is paying the Burma from 1987–1990. Military Academy has dramatically ampli- ultimate price, the loss of a son or daughter, While operating in Indonesia, Col. Haseman fied concerns that elements of the Pakistani brother or sister, father or mother; a family Inter-Services Intelligence service may be that will never be the same. Therefore, I provided the Department of Defense with sub- maintaining links with al-Qaeda and other wholeheartedly support the formation of an stantial information regarding numerous violent extremist organizations. While many Afghanistan/Pakistan Study Group in the human rights violations. This vital information understand that cutting off or reducing aid hope that it will help to turn the tide of this greatly influenced the decision making process to Pakistan would be risky, the American war and lessen the number of casualties as concerning the policy that was to be imple- public is unlikely to tolerate continued per- well. mented towards that country. Col. Haseman ceived double-dealing on the part of the Pak- I, too, have a deep respect and confidence also functioned to cultivate healthy relation- istani security services. New creative and in Gen. Petraus and would not want my com- ships with allied nations and to improve their independent thinking is needed to overcome ments to be construed as being critical of the the current deadlock. leadership of our military. I have no formal military defense capabilities. As the country struggles to find the appro- training in political science or history so Col. Haseman first joined the US Army in priate way forward in Afghanistan and Paki- please accept these comments as simply the 1963 from the University of Missouri Reserve stan, I am heartened by your efforts to es- perspective of an American mother with Officer Training Corps. Throughout his career, tablish a bipartisan and independent Afghan- children glad to serve our country. having made the seven Army values a part of istan-Pakistan Study Group that will take a God bless you and give you wisdom as you his daily life, Col. Haseman served our country comprehensive look at America’s current serve in the leadership of our country. with dignity and honor. and future role in the region. Sincerely,——— Mr. Speaker, it is my sincerest pleasure to I had the privilege of helping organize the PS It meant so much to see my sons re- Iraq Study Group (ISO), which the proposed recognize Col. John Haseman, a native of ceive a standing ovation when introduced Af-Pak Study Group would be modeled after, during last weeks luncheon. It is these very Grand Junction, Colorado. The United States and feel that a similar such effort would be Lance Corporals, Corporals and Sergeants and the State of Colorado owe him our undy- of great help today. who are almost daily listed among the cas- ing gratitude for his selfless service over the Such a group can provide an effective uni- ualties. My son, ———, remarked that listen- past 48 years. I thank him very much and fying rallying point that will enable the ing to your speech ‘‘restored his faith in the wish him the best of luck in all his future en- country to come together in support of a republic’’. Thank you again for recognizing deavors. comprehensive strategy that will guard our their service. interests in the region and foster a more sta- f ble and secure world. f CORRESPONDENCE SUPPORTING With warm regards, PERSONAL EXPLANATION Sincerely yours, THE AFGHANISTAN/PAKISTAN DAVID ABSHIRE. STUDY GROUP HON. BILL PASCRELL, JR. DEAR CONGRESSMAN WOLF: I have read your OF NEW JERSEY HON. FRANK R. WOLF proposal for the formation of an Afghani- stan/Pakistan Study Group with deep per- IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA sonal interest and approbation. I applaud its Friday, September 23, 2011 IN THE HOUSE OF REPRESENTATIVES respectful, well-reasoned, bipartisan ap- Friday, September 23, 2011 proach to rethinking the war in Afghanistan. Mr. PASCRELL. Mr. Speaker, I want to The following are my personal thoughts re- state for the record that on September 22, Mr. WOLF. Mr. Speaker, I submit cor- garding this war. Please accept them as the 2011, my vote was not recorded for rollcall respondence regarding the Afghanistan/Paki- insights of an average American mother. vote No. 723. stan Study Group and provide the following It has been troubling to me how distant I would like to state for the record that my examples of support for this important initiative this war is for so many Americans. Many are vote should have been recorded as ‘‘nay’’ on from David Abshire, president of the Center only vaguely aware of the events taking rollcall vote No. 723, on providing for consider- place, other than perhaps the recent increase for the Study of the Presidency, and a moving ation of the bill (H.R. 2401) to require anal- letter from a constituent and mother whose in the number of casualties. Even gathering information of what is daily happening in Af- yses of the cumulative and incremental im- children have served in the military in recent ghanistan hasn’t been easy. I comb the inter- pacts of certain rules and actions of the Envi- years. net daily searching many different online ronmental Protection Agency, and for other CENTER FOR THE STUDY OF THE news sources in an attempt to be informed. purposes. PRESIDENCY AND CONGRESS, Our country is at war and yet so often the f Washington, DC, June 1, 2011. top news items contain nothing regarding it. Hon. FRANK WOLF, Often it is the local papers in towns with sol- RECOGNIZING SEPTEMBER AS House of Representatives, Cannon House Office diers, sailors and marines serving in Afghan- CHILDHOOD OBESITY AWARE- Building, Washington, DC. istan that contain the most news. Other NESS MONTH DEAR FRANK: To say that the May 2, 2011 times it is the news stations with an embed- targeted elimination of Osama bin Laden by ded reporter who will have a flurry of arti- a team of U.S. Navy SEALs was welcome cles while the reporter is there but then HON. EMANUEL CLEAVER news would be the understatement of the nothing once they return. OF MISSOURI 21st century. The death of a terrorist icon The War on Terror is not just impersonal that had directed the murder of thousands of news but it is a war that strikes very close IN THE HOUSE OF REPRESENTATIVES American, European, and Muslim civilians to home. My father has a dear friend whose Friday, September 23, 2011 has also caused almost immediate specula- son-in-law died in the Twin Towers. I have a tion as to what his demise will mean for the friend who lost a son in Iraq during the bat- Mr. CLEAVER. Mr. Speaker, I rise today in international mission in Afghanistan. tle for Fallujah. A student of mine lost her recognition of September as Childhood Obe- Within hours of President Obama’s an- fiancee in the war. My children and son-in- sity Awareness Month. According to the Na- nouncement of bin Laden’s death, pundits law have served in both Iraq and Afghanistan tional Health and Nutrition Examination Sur- and politicians from both the Right and Left and have buddies injured or killed in action. vey, thirty-two percent of children and adoles- are calling for a speedier withdrawal in the One of my daughters is currently serving cents in the U.S. are overweight. According to wake of the al-Qaeda leader’s demise. How- in Afghanistan in a Combat Support Hos- this study, sixteen percent of children and ever, many are concerned that such a move pital. She arrived in time to experience first would risk reversing the gains that have hand the peak number of casualties in June adolescents in the U.S. are obese, meaning been made by our nearly ten-year military and July. In a recent news interview her they have a body mass index in the ninety-fifth effort and could cause Afghanistan to once Commanding Officer said they are seeing an percentile. In my home state of Missouri, al- again remerge as a destabilizing pariah that almost constant stream of casualties; some- most thirty-four percent of children are obese violates human rights and threatens inter- thing that none of them were prepared for, and overweight. Sadly, the childhood obesity national security. but will remember the horrors of the rest of rate is growing, doubling over the last two As the country becomes increasingly di- their lives. decades, while the obesity rate for adoles- vided over the issue of our involvement in It has sometimes appeared that the efforts Afghanistan, many questions have been in Afghanistan have trudged along, with suc- cents has nearly tripled over the last two dec- raised regarding our relationship with Paki- cess measured in part by the areas in which ades. stan. Despite spending billions in aid and se- we have gained some measure of control These staggering increases in obesity are curity assistance, America’s approval rating versus the price paid in human lives both ci- leading to a number of health problems in Pakistan is a mere 17%. Furthermore the vilian and military. The casualties suffered among America’s youth. Incidents of type two

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.020 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1713 diabetes and hypertension are on the rise, and July 2011, the number of unemployed youth effective. The long-term unemployed and un- more children today are at risk of heart dis- 16 to 24 years old was 4.1 million. employed young people are the two groups ease, cancer, and stroke. It has been esti- To make matters even worse, the unem- that have been hardest to reach in prior meas- mated that one out of three males, and two ployed now face employment discrimination ures. Without significant targeting, the long- out of five females born in the year 2000 will and employers are reluctant to hire the long- term unemployed are in danger of becoming eventually suffer from type two diabetes. term unemployed because of the length of permanently unemployed and young grad- The obesity epidemic hits some commu- their unemployment. My bill would give em- uates will face their first years as adults with- nities harder than others, greatly impacting our ployers a $5,000 tax credit against their pay- out jobs and with no way to acquire work ex- more vulnerable communities. Studies have roll tax liability for each (net) new long-term perience. Both groups deserve better. I ask shown that these children are more likely to unemployed person they hire. The tax credit is the House of Representatives to support this suffer from obesity and the related health large enough to give employers an incentive bill because it targets both of these neglected problems. Low income areas have far fewer to increase hiring and wages, which would in- groups of Americans. parks and sidewalks than wealthier commu- ject demand into the economy. The credit f nities, and children from these neighborhoods would be available to the broadest base of have less opportunity to play ball, ride bikes, employers because every employer—govern- RECOGNIZING CONSTITUTION DAY or run outside. Children who live in lower in- ment, non-profit and for-profit—pays payroll come neighborhoods also have less access to taxes, and employers could claim the credit on HON. JOHN CONYERS, JR. fresh produce and healthy foods. Children liv- a quarterly rather than annual basis. Accord- OF MICHIGAN ing in food deserts are not able to consume ing to the independent, non-partisan Congres- IN THE HOUSE OF REPRESENTATIVES healthier foods as often as they should, relying sional Budget Office, the proposal would ‘‘in- Friday, September 23, 2011 more on processed and high calorie foods for crease both output and employment,’’ through Mr. CONYERS. Mr. Speaker, I rise today their meals. four mechanisms: (1) with lower employment because of my full commitment and support of Mr. Speaker, it is essential that this Con- costs, employers would reduce the costs of the values of equality, respect, and freedom gress work to improve access to healthy food their products and services, which, in turn, fortified within the creation of the Constitution for all Americans. We need to teach our young would first boost sales and then hiring and of the United States of America. healthy eating habits, promote physical activ- hours worked; (2) employers would pass on Today is a day set aside to recognize the ity, and increase access to fresh foods by en- some of the tax savings to employees in the importance the Constitution has provided couraging supermarkets to open in the urban form of higher wages or other compensation, throughout its evolution to the continued prin- core, and embracing farmers markets and which, in turn, would increase employees’ pur- ciples of democracy our Founding Fathers urban farming. Obesity is a costly epidemic. chasing power; (3) higher profits would lead to higher stock prices for public companies, in- championed. Not only does it drastically increase health I would like to highlight both the 13th and creasing shareholders’ wealth and therefore care spending, totaling fourteen billion dollars 15th Amendments for the equality each en- their willingness to spend; and (4) with lower a year, but it greatly reduces the health and sures to American minorities. employment costs, employers would increase prosperity of our children. I would also like to The 13th Amendment abolished slavery and hiring. The bill has safeguards to prevent em- commend the hard work being done by Chil- started a revolution of social progress for ployers from gaming the system, including de- dren’s Mercy Hospital in bringing awareness blacks subject to slavery, and also for women nying a credit to an employer that fires one to this issue. I urge my colleagues to stand and laborers. with me in support of Childhood Obesity employee and hires a replacement. The 15th Amendment ensures the right to Particularly disappointing as well is the high Awareness Month. vote to all citizens, regardless of one’s race, unemployment rate for young people who f color, or previous condition of servitude. I per- heeded our advice to graduate from high sonally respect the struggle that ensued after INTRODUCTION OF THE ECONOMIC school and college, only to try to enter the this Amendment was ratified. It took until the GROWTH AND REDUCING UNEM- workforce in the worst economy in genera- 1965 Voting Right Act until this right was pro- PLOYMENT ACT tions. By significantly expanding AmeriCorps, tected with vigorous enforcement—a vote I re- my bill, without needing a new administrative member voting for passage as a newly elected structure or bureaucracy, would allow unem- HON. ELEANOR HOLMES NORTON Representative of the United States Congress. ployed young people to earn a stipend suffi- OF THE DISTRICT OF COLUMBIA These two Amendments perhaps best show cient to support themselves and to obtain work IN THE HOUSE OF REPRESENTATIVES the injustices that can be righted by Congress experience and a good work history to help Friday, September 23, 2011 and the Nation when we recognize that we are them obtain future employment. The net cost a united people of equal bearing who are each Ms. NORTON. Mr. Speaker, I rise today to of the expansion would be low, because these entitled to equality under the Constitution and introduce the Economic Growth and Reducing young people would be providing urgently the help of our brethren. Unemployment Act, to address perhaps the needed local services that are being dropped two greatest workforce tragedies resulting or curtailed because of federal, state, and f from today’s economy—our long-term unem- local budget cuts, such as after-school pro- HERBERT F. KOETHER TRIBUTE ployed and our unemployed young people— grams, tutoring, and assistance for the elderly. and to spur economic growth. Since Repub- The bill would significantly expand job op- HON. SCOTT R. TIPTON licans took control of the House of Represent- portunities for young people who have played OF COLORADO atives, many Democrats have tried to get by the rules but find themselves unemployed IN THE HOUSE OF REPRESENTATIVES them to shift from their one-sided, cuts-only in this economy. The bill would increase the fiscal policy to taking some steps to more number of participants in the AmeriCorps Friday, September 23, 2011 quickly reduce stubborn unemployment State and National program from approxi- Mr. TIPTON. Mr. Speaker, I rise today to throughout the country. Republican austerity mately 78,000 to 500,000 full-time participants. honor Mr. Herbert F. Koether for his service to policies, as predicted by history and Econom- Participants receive a living allowance, which the state of Colorado, his active pursuit of ics 101, have driven the economy into another most find sufficient to meet their basic needs, conservative ideals, and his love for serving ditch, with the possibility of a double-dip re- and are also eligible for an education award others. cession. We need to reduce the country’s equal to the value of a Pell grant, for school- Before World War II, Mr. Koether served on budget deficit and debt in the long term, but loan forbearance, health care benefits and the war production board in Washington, D.C., as virtually every economist and the Federal child care assistance. By expanding the pro- later joining the United States Air Force and Reserve chair himself have said, we must also gram, we would reduce the number of unem- attaining the rank of 2nd Lieutenant. create jobs and stimulate the economy now, ployed young people, provide them with the In 1952, Mr. Koether arrived in Denver, Col- before it is too late. While 14 million Ameri- work skills and experience they would not get orado, actively working in the Colorado polit- cans are unemployed, my bill targets those while unemployed, and help cash-strapped ical arena for conservative causes. During particularly hard hit by unemployment. In Au- states and local governments provide services Senator Barry Goldwater’s 1964 presidential gust 2011, the number of long-term unem- that they would otherwise have to cut. campaign, Mr. Koether served as the chair of ployed (those jobless for 27 weeks or more) For some time, it has been clear that poli- the Colorado Goldwater effort, tirelessly pro- was six million, which accounted for 42.9 per- cies to address today’s unusually stubborn un- moting the ideals Senator Goldwater rep- cent of the total unemployed population. In employment need to be targeted in order to be resented. In 1989, he also helped Gale Norton

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.036 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1714 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 run her campaign for Colorado’s Attorney attempt to circumvent its past agreements and Section 541 of the Internal Revenue Code General. treaties with Israel and seek a unilateral dec- imposes a corporate level penalty tax of 15% Mr. Koether not only worked on campaigns laration of statehood at the United Nations on the undistributed personal holding company and in politics, he also devoted himself to pub- (UN) later today. income of a PHC. Under current law, this rate lic service in the Denver area, offering his Peace between the Israelis and the Pal- is scheduled to return to the highest individual services to various public boards to better the estinians will not be settled through a resolu- tax rate of 39.6% when the lower dividend tax lives of Coloradans. In addition to serving on tion at the United Nations. Lasting peace will rate expires in 2011. A corporation constitutes the Kent Denver school boards, Mr. Koether only be achieved through direct negotiations a PHC if 60% of its adjusted gross income is spent 54 years of his life on the advisory between Israel and the Palestinians. PHC income and if 50% of its stock is owned board of the Salvation Army. The Palestinian Authority’s unilateral dec- by five or fewer individual shareholders at any Mr. Koether passed away on Sept. 16, 2011 laration of statehood directly contradicts UN time during the last half of the taxable year. among his family members and friends who Resolution 242, which states that the two na- PHC income generally is defined as interest, were coming together to celebrate his 98th tions must work together to achieve peace in dividends, royalties, rents, and certain other birthday. the region so that both states are secure. types of passive investment income. Mr. Speaker, it is an honor to recognize Mr. When Resolution 242 was passed, Presi- Furthermore, in the case of a group of cor- Herbert F. Koether. The ideals he devoted dent Johnson stated, ‘‘It is clear . . . that a re- porations filing a consolidated return, the PHC himself to and his life of public service tangibly turn to the situation of June 4, 1967 will not test is generally conducted on the basis of the affected Coloradans and Americans for the bring peace. There must be secure and there operations of the consolidated group. How- better, and he will be greatly missed by us all. must be recognized borders. Some such lines ever, in certain circumstances the test must be must be agreed to by the neighbors involved.’’ f conducted on a separate company basis. Now is the time for the UN and the Pales- When the test is conducted on a separate TRIBUTE TO THE 5TH SPECIAL tinian Authority to heed that advice. The bor- company basis, a group of corporations filing FORCES GROUP ders should not be dictated to the Israelis; a consolidated return can easily find that it has rather, an agreement should be based on di- a personal holding company tax liability even HON. MARSHA BLACKBURN rect negotiations between the two states. Rec- though a great majority of its revenue is gen- ognition in any way by the UN will only em- OF TENNESSEE erated from the active conduct of its trade or bolden the belligerent Palestinians to avoid the IN THE HOUSE OF REPRESENTATIVES businesses. The requirement to conduct the negotiating table and circumvent direct nego- Friday, September 23, 2011 PHC tests on a separate company basis often tiations with Israel. unfairly penalizes corporate groups that are An affirmative vote by the UN Security Mrs. BLACKBURN. Mr. Speaker, fifty years actively engaged in business. A common fact Council, even with a United States veto, will ago, a prestigious group of soldiers were acti- pattern that gives rise to this unwarranted im- have dire consequences for years to come. I vated into the 5th Special Forces Group at Ft. position of the PHC tax is where a member of urge the UN to reject the resolution so that Bragg, North Carolina. Deployed today from the group receives dividends from controlled both nations can return to the negotiating table Ft. Campbell, Kentucky and serving in regions foreign subsidiaries. In this case, the separate without pre-conditions. known and unknown, the men and women of company PHC tax computation serves as a the 5th Special Forces work to gain and se- f deterrent to the repatriation and reinvestment cure freedom’s cause for the oppressed INTRODUCING THE INVESTING of foreign earnings in the United States. throughout the world. INCOME AT HOME ACT OF 2011 The legislation I am introducing would ex- The green beret is not the only thing that clude dividends received from a firm’s foreign sets the 5th Special Forces Group apart. Di- affiliates and reinvested in the United States vided into five active duty and two Army Na- HON. RICK LARSEN OF WASHINGTON from the definition of personal holding com- tional Guard groups, the Special Forces are IN THE HOUSE OF REPRESENTATIVES pany income. an integral part of the United States Army and This bill will provide that corporations im- Friday, September 23, 2011 her missions throughout the world. From Viet- pacted by the PHC that benefit from the provi- nam to Afghanistan, these honored soldiers Mr. LARSEN of Washington. Mr. Speaker, sion would pay the same level of corporate tax continue to carry out the legacy of excellence, today I am pleased to introduce the Investing as similarly situated publicly traded corpora- victory, and fidelity to the contract of democ- Income at Home Act of 2011, legislation that tions. This would free them to invest dividends racy. Outfitted with the best and the brightest simplifies the outdated personal holding com- from foreign affiliates into the U.S. economy, the Armed Forces has to offer, the 5th Special pany (‘‘PHC’’) tax regime and will help certain helping to create much-needed jobs here in Forces Group celebrates 50 years of special closely held companies invest money here at America. operations as one of the most decorated and home to create jobs and help our economy re- I ask my colleagues to join me in supporting well-known Army units. cover. this important legislation that will clean up an We owe much of our freedom to those who, Enacted in 1934, the PHC tax provisions outdated part of the Tax Code and help to cre- like the 5th Special Forces, dedicate their lives (sections 541–547 of the Internal Revenue ate good jobs in the United States. to the tenets of this mighty country. With Code) are outdated. The goal of the PHC tax f unequalled speed and resolve, they both cap- when it was originally enacted was to prevent tured high-profile targets in the Global War on wealthy individuals from avoiding the individual RECOGNIZING THE 50TH ANNIVER- Terror and brought humanity and compassion income tax on passive income like interest, SARY OF THE FOUNDING OF THE to areas of the world struggling under humani- dividends and rents by forming corporations to NATIONAL ASSOCIATION OF CON- tarian crisis. As the 5th Special Forces Group hold these investments. VENIENCE STORES continues their work to liberate those in the In the 1930s the corporate tax rate was 13.5 bonds of oppression, I ask my colleagues to percent and the top individual income tax rate HON. DORIS O. MATSUI join with me in honoring the mighty work done was 63 percent. This 49.5 percent differential OF CALIFORNIA by the 5th Special Forces and congratulate between the top corporate and individual tax IN THE HOUSE OF REPRESENTATIVES them as they celebrate 50 years of bringing rate—coupled with the ability to liquidate and Friday, September 23, 2011 freedom to the world’s darkest places. distribute appreciated corporate assets without f tax consequences—provided an incentive for Ms. MATSUI. Mr. Speaker, I rise today to wealthy individuals to incorporate their port- commemorate the 50th anniversary of the PALESTINIAN AUTHORITY AND folio investments. Those incentives have founding of the National Association of Con- THE U.N. largely vanished under current law. First, the venience Stores (NACS). top marginal tax rate for both individuals and Originally founded in 1961, today NACS HON. SCOTT GARRETT corporations is 35%. Second, corporate liqui- represents more than 3,700 companies that OF NEW JERSEY dating distributions of appreciated assets are do business in more than 50 countries world- IN THE HOUSE OF REPRESENTATIVES taxed at the corporate level. Current law pro- wide. vides no incentive to incorporate portfolio in- The convenience retailing industry in Amer- Friday, September 23, 2011 vestments to escape the individual income tax. ica generates $575 billion dollars in sales an- Mr. GARRETT. Mr. Speaker, I rise today in The PHC tax is an obsolete tax that should be nually, in its more than 146,000-plus stores objection to the Palestinian Authority’s blatant repealed. across the country, and employs 1.6 million

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K23SE8.021 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1715 Americans. NACS has helped the industry ex- resolution to commemorate Ukraine’s inde- JOE BLAKE TRIBUTE perience remarkable growth, convenience pendence and to express strong and contin- store sales today are more than 1,100 times ued support to the Ukrainian people in their ef- HON. SCOTT R. TIPTON greater than when NACS was founded. Cumu- forts toward ensuring democratic principles. OF COLORADO latively, the U.S. convenience store industry f IN THE HOUSE OF REPRESENTATIVES alone serves 160 million customers per day in this country alone. TRANSPARENCY IN REGULATORY Friday, September 23, 2011 It is convenience stores that keep America’s ANALYSIS OF IMPACTS ON THE Mr. TIPTON. Mr. Speaker, I rise today to motors running. Convenience stores sell 80 NATION ACT OF 2011 honor Mr. Joe Blake, former Chancellor of the percent of all the gasoline purchased in the Colorado State University System. Since May country. SPEECH OF of 2009, his leadership and influence as the NACS represents both large businesses and HON. CHRIS VAN HOLLEN first sole chancellor of the CSU System has small family businesses that grow America’s OF MARYLAND been felt far and wide within the state of Colo- economy. More than half of convenience IN THE HOUSE OF REPRESENTATIVES rado. stores are owned by single-store operators. Before beginning his time with CSU, Mr. NACS helps member retailers to grow their Thursday, September 22, 2011 Blake served as the President and CEO of the businesses, from research and marketing to The House in Committee of the Whole Denver Metro Chamber of Commerce for human resources and management. House on the state of the Union had under nearly a decade. His experience with the NACS also helps to advocate for those consideration the bill (H.R. 2401) to require Chamber coupled with his strong background issues that are vital to these small business analyses of the cumulative and incremental in job creation played a pivotal role in his abil- owners. From motor fuels policy, to prevention impacts of certain rules and actions of the ity to lead CSU through tough financial times. of tobacco sales to minors, to swipe fee re- Environmental Protection Agency, and for other purposes: Under the leadership of Mr. Blake, CSU was form, NACS is an industry leader in making able to accomplish many important tasks, in- sure their voices are heard. Mr. VAN HOLLEN. Mr. Chair, today’s legis- cluding the establishment of a stand-alone Convenience stores provide a speed of lation continues the majority’s relentless as- chancellor operation, the development of its transaction that is unparalleled, and the large sault on the Clean Air Act and our nation’s first strategic plan, and the positioning of CSU number of locations and extended hours of public health. Global as a viable and integral part of the sys- operation have redefined convenience, wheth- Let’s be clear: clean air is not—and has tem. er for food, fuel or other essential items. The never been—the enemy of economic growth. CSU also launched the Commitment to Col- extended hours and flexibility of convenience If history has taught us anything, it is that a orado, a scholarship program that ensures stores mean that they play a vital role in the healthy environment and a healthy economy qualified students of all income levels have the communities they serve and customers are go hand in hand. Since 1970, the Clean Air opportunity to attend an institution of higher able to quickly pick up what they want, when Act has reduced air pollutants by 60 percent education. In a time where jobs are becoming they need it. while the economy has grown by over 200 scarce, nothing is more important than ensur- Mr. Speaker, in recognizing the many con- percent, with economic benefits expected to ing the young workforce has the experience, tributions the National Association of Conven- reach $2 trillion by 2010—exceeding costs by the resources, and the expertise to obtain a ience Stores has made to our nation and to more than 30 to 1. sustainable occupation. our history, I join my colleagues in celebrating Rather than building on this bipartisan Through his dedication and commitment to the 50th anniversary of its founding. record of cost-effective environmental achieve- Colorado’s system of higher learning, Mr. f ment, today’s legislation proposes to block two Blake has furthered America’s objective of of the most important Clean Air Act rules in bettering its educational system. Mr. Blake has 20TH ANNIVERSARY OF UKRAINE’S decades: the mercury and air toxics rule and INDEPENDENCE referred to his time as chancellor as having the cross-state air pollution rule. been ‘‘the highlight of [his] career.’’ However, HON. SANDER M. LEVIN The proposed mercury and air toxics stand- Mr. Blake’s time with CSU has not yet ards would prevent more than 90% of the reached its end. While he is stepping down as OF MICHIGAN mercury from coal-fired power plants to be chancellor, he will remain with the University IN THE HOUSE OF REPRESENTATIVES emitted into the air by 2015—and it would re- to promote donor and alumni relations. Friday, September 23, 2011 duce fine particle emissions by 29 percent. Mr. Speaker, it is an honor to recognize Mr. Mr. LEVIN. Mr. Speaker, I rise today to More than half of the nation’s coal-fired power Joe Blake. His leadership and dedication to mark the 20th anniversary of Ukraine’s inde- plants already deploy the technology nec- CSU has benefited thousands of students and pendence from Soviet rule. essary to meet these standards, whose adop- families and I thank him for all he has done for Since August 24th, 1991, the people of tion will prevent 17,000 premature deaths and the state of Colorado. 120,000 cases of asthma a year. Ukraine have remained steadfastly focused on f securing a stable democracy and a free mar- The long overdue cross-state air pollution ket economy in Ukraine, and I commend them rule would require 27 upwind states to reduce CELEBRATING THE 110TH ANNI- on their democratic achievements. During the their sulfur dioxide emissions by 75 percent VERSARY OF FIRST UNITED 2004 Orange Revolution, I was proud to stand and their nitrogen oxide emissions by 54 per- METHODIST CHURCH with hundreds of Ukrainian Americans dem- cent. These reductions will prevent an addi- onstrating in front of the Embassy in Wash- tional 34,000 premature deaths and 400,000 HON. KENNY MARCHANT ington, wearing our orange scarves and de- cases of asthma each year and the ‘‘good OF TEXAS manding that democracy required rejection of neighbor’’ principle it represents is especially IN THE HOUSE OF REPRESENTATIVES important to downwind states like my home a rigged election. Friday, September 23, 2011 I also rise to express my deep concern over state of Maryland, which currently must bear the erosion of democracy under the current the brunt of air pollution that blows in from Mr. MARCHANT. Mr. Speaker, I rise today Yanukovych Administration, which places the other states. to honor the First United Methodist Church of successes of the Orange Revolution in jeop- The economic and public health benefits Carrollton. For 110 years, this church has ardy. Reports from the April 2011 Freedom from both of these rules far outstrip the cost been a centerpiece for spiritual growth and House assessment are alarming, particularly of the pollution control technology necessary community outreach for the City of Carrollton. the anecdotes of the Administration’s use of to achieve them—a fact the one-sided ‘‘study’’ In 1901, a group of 15 Methodists moved to violence, intimidation, and selective prosecu- in this legislation is deliberately designed to Carrollton, Texas to start a ministry and tion of opposition leaders and suppression of obscure. And the pollution control technology formed what is known today as First United the media. itself will drive investment and job creation for Methodist Church of Carrollton. Preaching only We in the United States must continue to professionals like engineers, electricians, pipe- once a month, founding pastor Reverend John stand with those living under oppressive and fitters and boilermakers whose expertise and D. Major visited the congregation as the fifth tyrannical regimes as they struggle for their labor will be needed to install it. It’s a clear church on his circuit. The congregation met in freedom. win for our economy and a clear win for our the attic of W.H. Stephens’ store in downtown Last week, members of the Congressional public health. Carrollton, where the church developed a Caucus on Ukraine introduced a bipartisan I urge a no vote. strong Sunday school program. By 1902,

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.042 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1716 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 membership had expanded to 54 and the Marine Renewable Energy Center, run by the creed, or socio-economic background, the church acquired additional property. University of Washington and Oregon State TBCH lives fully the call of those who follow In the mid-1950s, the First United Methodist University, to develop tidal and wave research Christ. Church of Carrollton needed to relocate. With projects. They are working with the private I appreciate the great work done by the a generous donation from the Milburn Family sector to demonstrate new technologies. Addi- Tennessee Baptist Children’s Home and all Farm, First United Methodist Church secured tionally, the Department of Energy’s Marine those who support its mission. From the cou- five acres for future growth. Since 1967, First Sciences Laboratory on the Olympic Peninsula ples who give their lives to parent other chil- United Methodist Church has been pastored assesses waterpower resource potential to ad- dren to those whose prayers make this calling by Kenneth Carter, Dr. Paul Morell, and Rev. dress and remove environmental roadblocks possible, all who offer their time, talents, and Jerry Simmons, and is currently under the to deployment, testing to accelerate the inte- treasures to this great cause are helping to spiritual leadership of Dr. Richard Dunagin. gration of large-scale waterpower electricity make the future brighter for Tennessee’s chil- Throughout its history, First United Methodist generation into the Northwest power grid, and dren. Mr. Speaker, I rise today in support of has continued to place an emphasis on evan- is essential to establishing a robust basis for the Tennessee Baptist Children’s Home and gelism in the mission field by providing dental industrial investment based on verifiable tech- ask my colleagues to join with me in offering and medical care to those in need around the nology performance, assured cost basis, and great thanks for the work done in protecting world. In 2001, as the church celebrated its environmental performance. Tennessee’s children. centennial anniversary, land was provided for The Marine Renewable Energy Promotion f a new church and school. In 2004, a new wor- Act will accelerate these efforts by establishing ship center opened which was adorned with a competitive research, development and TRANSPARENCY IN REGULATORY stained glass windows from the original sanc- demonstration program at the Department of ANALYSIS OF IMPACTS ON THE tuary. Since 2004, the church has added a Energy that is specifically devoted to marine NATION ACT OF 2011 stadium and sports complex, meeting rooms, and hydrokinetic renewable energy. This office and a new sanctuary that can accommodate will help to develop new marine renewable en- SPEECH OF 1,500 people. ergy technologies, increase reliability and du- HON. CAROLYN B. MALONEY Over the past 110 years, First United Meth- rability of facilities, reduce manufacturing and OF NEW YORK odist Church of Carrollton has also started operating costs of the devices, help identify IN THE HOUSE OF REPRESENTATIVES other successful ministries in the Carrollton and address environmental impacts of marine community. For example, the Sonshine Pre- renewable energy and make sure that such Thursday, September 22, 2011 school expanded into Carrollton Christian power can be integrated into the national elec- The House in Committee of the Whole academy, which instructs students from pre- tricity grid. Additionally, the bill will ensure that House on the state of the Union had under school through 12th grade. the Department of Energy works with research consideration the bill (H.R. 2401) to require In celebrating its 110th anniversary, we rec- institutions to set up marine and hydrokinetic analyses of the cumulative and incremental ognize the positive impact that First United energy test facilities in the United States, sup- impacts of certain rules and actions of the Environmental Protection Agency, and for Methodist Church has had on the greater porting efforts underway nationwide and at the other purposes: Carrollton area. Mr. Speaker, I ask all of my University of Washington, which are critical in distinguished colleagues to join me in cele- our efforts to demonstrate a wide range of Mrs. MALONEY. Mr. Chair, I rise in opposi- brating the rich history of First United Meth- technologies, and evaluate the technical viabil- tion to H.R. 2401. Instead of legislation that odist Church of Carrollton. ity of each new and emerging type of tech- would train Americans to get back to full em- ployment, the majority is bringing to the floor f nology at different scales. The Electric Power Research Institute has a bill that harms the health of our nation. MARINE AND HYDROKINETIC RE- estimated that ocean resources in the United This bill would endanger the health of mil- NEWABLE ENERGY PROMOTION States could generate 252 million megawatt lions of our nation’s children, seniors, and sick ACT OF 2011 hours of electricity, which given as much sup- by blocking rules to reduce cross-state air pol- port as other types of renewable energy, could lution and to reduce the emissions of mercury, HON. JAY INSLEE be equivalent to 6.5 percent of America’s en- lead, dioxin, and other toxic chemicals from OF WASHINGTON tire electricity generation. With such great po- power plants. H.R. 2401 would also delay fu- IN THE HOUSE OF REPRESENTATIVES tential to spur American innovation and job ture safeguards by requiring studies that only measure pollution cleanup costs while dis- Friday, September 23, 2011 creation, I urge my colleagues to support this important bill. regarding health and other benefits. Mr. INSLEE. Mr. Speaker, this week, I re- Along with many of my colleagues, I re- f introduced the Marine and Hydrokinetic Re- cently sent letters to the Environmental Pro- newable Energy Promotion Act (H.R. 2994), a TENNESSEE BAPTIST CHILDREN’S tection Agency, EPA, in support of the Power bipartisan bill that will improve the research HOME Plant Air Toxics Rule and the Cross-State Air and development program for marine renew- Pollution Control Rule because of the positive able energy. Marine energy is an emerging HON. MARSHA BLACKBURN impact these rules will have on the public technology that presents great opportunities. OF TENNESSEE health of our nation. Toxic air pollution from Developing the ability to harness energy from IN THE HOUSE OF REPRESENTATIVES power plants remains a major unregulated our ocean and tidal currents to power our source of mercury and lead in the air. Already, homes and businesses will create U.S. jobs by Friday, September 23, 2011 more than half of all coal-fired power plants building a new manufacturing industry and will Mrs. BLACKBURN. Mr. Speaker, one hun- use widely available pollution control tech- improve our energy security. I would like to dred years ago, a group of women from the nologies to meet these important standards. recognize the leadership of Senator LISA MUR- First Baptist Church in Nashville, TN, decided Once the rule is final, the remaining 44 per- KOWSKI who has introduced a Senate com- to put action to their beliefs. Purchasing land cent will take similar steps to decrease dan- panion, which she has successfully moved in Brentwood, TN, in 1911, the Tennessee gerous pollutants, saving thousands of lives through the Senate Energy and Natural Re- Baptist Orphans’ Home moved from borrowed and avoiding tens of thousands of illnesses. It sources Committee. Further, I appreciate the space in a local hotel to a permanent home. is clear that the benefits of the mercury and support of my House colleagues Representa- This move began a beautiful history of dedica- air toxics standards will far outweigh its tives DON YOUNG and THEODORE DEUTCH in tion and service to the least and most vulner- costs—it is estimated that the pollution reduc- working with me on this bill. able among us. tions required by the rule will yield health ben- In the Puget Sound area of Washington, re- Approximately 200 children a year are cared efits of $59 billion to $140 billion per year search and demonstration on tidal energy are for, fed, clothed, and taught about the hope (from lower health care costs and higher work- underway, requiring collaboration from the pri- found in the Almighty. As children find them- er productivity), which is 5 to 13 times its vate sector, universities, research institutions selves in houses of great crisis, thanks to the costs. and public utilities. However, national leader- care and support of the Tennessee Baptist Further, by delaying the Cross-State Air Pol- ship is needed to truly realize the benefits of Children’s Home, they soon find themselves in lution Control Rule this bill would allow highly commercial-scale marine hydrokinetic projects homes of great love. Need is the only quali- polluting facilities located upwind to continue in the United States. The U.S. Department of fication for children to find assistance and by to pollute major metropolitan areas with impu- Energy established the Northwest National accepting all children regardless of race, nity. Such sources of pollution have made it

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.045 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1717 unattainable for major metropolitan areas like feature story, ‘‘Separate and Unequal: The COMMEMORATING THE LIFE AND New York City to be in compliance with fed- Story of Kelli, Veronica and School Finance,’’ CONTRIBUTIONS OF PHILAN- eral standards for smog pollution even though as well as the Ruben Salazar Award from THROPIST JACKIE LEE HOUSTON most pollution is generated by large upwind Cafe´ Mayapan. As a veteran journalist, sources. The Cross State Rule would make Ramon Renteria has brought unique insight polluters control pollution at the source rather and experience to important topics in edu- HON. MARY BONO MACK than continuing to shift the cost burden onto cation, politics, and border issues in our com- OF CALIFORNIA local governments and local taxpayers. munity. IN THE HOUSE OF REPRESENTATIVES This bill requires an unnecessary, duplica- I want to personally congratulate our hon- Friday, September 23, 2011 tive, and biased study of specified air quality orees for their exceptional achievements and and hazardous waste regulations without as- Mrs. BONO MACK. Mr. Speaker, I rise contributions to our community, Hispanic cul- sessing the benefits of environmental and today to pay tribute to a remarkable lady and ture, and the rich tapestry of American life. public health standards. Impeding these EPA dear friend, Mrs. Jackie Lee Houston, a pillar They have left their mark on the Hispanic ex- rules jeopardizes the health and well-being of of our community in California’s Coachella perience in America through the sharing of the American people. I encourage my col- Valley, and an inspiration to countless admir- their cultural perspective and achievements in leagues to vote against this legislative train ers and friends. their respective fields. As the Hispanic com- wreck. Today, our community will come together to munity continues to grow in America, it is im- celebrate Jackie Lee’s life, a life of purpose f portant to celebrate our roots as we grow in and accomplishment that truly made our world our journey as a part of this great Nation. IN HONOR OF HISPANIC HERITAGE a better place. I am deeply saddened that the MONTH Congressional schedule prevents me from f joining in this celebration and I know that the HON. SILVESTRE REYES memories of Jackie Lee will bring joy to all HAPPY BIRTHDAY, RILYA OF TEXAS those attending; a fitting tribute to this gra- IN THE HOUSE OF REPRESENTATIVES cious hostess who insisted that any event in Friday, September 23, 2011 which she was involved was done with grace HON. FREDERICA S. WILSON and class—and a large measure of fun! Mr. REYES. Mr. Speaker, I rise today in ob- OF FLORIDA Born Jackie Lee McDonald on June 27, servance of Hispanic Heritage Month, which is 1935, Jackie Lee grew up in Seattle, Wash- celebrated September 15th through October IN THE HOUSE OF REPRESENTATIVES ington, and went on to attend the University of 15th, and I am proud to honor the contribu- Friday, September 23, 2011 Washington. It was there that she met her tions of the Latino community to the diverse husband, Jim, with whom she would spend landscape of American life and culture. I Ms. WILSON of Florida. Mr. Speaker, today, the rest of her life. Their love story is a classic would like to take a moment to recognize a you would have been fifteen. Today, you romance, from their hard-working early days few individuals for their impact on the Hispanic would have been a freshman in high school. when a holiday was defined by how much gas community and its progress in our Nation. Today, you would have been the fine young they could afford for a weekend get away to Through their accomplishments in media and woman you were meant to be. the pre-eminent role they shared as leading the arts, Jose Antonio Burciaga, Rosa You are not forgotten. desert philanthropists, they were simply in- Guerrera, Luis Jimenez, and Ramon Renteria separable. have given a part of themselves to enrich the Mr. Speaker, Rilya Wilson was a foster child Hispanic community. On September 30th, of the Florida Department of Children and Jackie Lee and Jim were blessed with three these individuals are being recognized at the Families. She went missing on January 18, children, Tamara, Jaimi and Jim, and their annual El Paso Community College’s Hispanic 2001, and was not reported missing until two family bond was unbreakable. Heritage luncheon celebrating 100 years of years later. The resulting investigation cul- For a time, the Houstons made a life in Brit- Latino art & media. minated in the resignation of the DCF chief ish Columbia, visiting the Coachella Valley To begin, I would like to honor the life and and the passage of a new law I championed regularly in the 1960s. Although the Houstons career of the late writer and artist Jose Anto- in the Florida House of Representatives—a maintained an active presence in the nio Burciaga, a native El Pasoan, for his ex- law improving the supervision of foster chil- Coachella Valley for decades, they didn’t ploration of the complex Chicano identity in dren and requiring the tracking of efforts to move permanently to the Desert until 2001. American society. With the tools of language find missing children. Once there, they quickly made their commit- and art, he illuminated and articulated issues ment to their new home clear by purchasing a It was later shown that Geralyn Graham, her local television affiliate and establishing KPSP of identity, discrimination, and alienation facing caretaker, engaged in identity and Medicaid the Chicano community. Channel 2 as a major media presence in our fraud by accepting payments during Rilya’s community. It is perhaps the most inspiring I would also like to recognize artist and edu- disappearance. Today, Geralyn is in jail, and cator Rosa Guerrero. Through her projects testament to her character and strength of will believed by many to have murdered our beau- such as the International Folklore Dance that Jackie Lee made such an enormous im- tiful Rilya. Unfortunately, circumstantial evi- Group and her film, ‘‘Tapestry,’’ Rosa Guer- pact on her adopted home town in such a dence is the only evidence available to pros- rero has made it her life’s mission to promote short period of time. Proud to be one of the ecutors, and I fear that Geralyn Graham will cultural diversity and understanding, beginning few women in the country who owned a tele- walk free. with some of the first intercultural programs in vision station, Jackie Lee used her influence El Paso schools in the 1970s. This must not happen. The laws governing at the station to provide additional exposure to I would also like to remember the life of art- the reporting of missing children simply are causes she deemed worthwhile—regardless of ist Luis Jimenez, whose powerful sculptures not strong enough. Failing to report a child whether she was directly involved in them. are on display nationwide in public spaces and you know is missing should always be a crime One cannot begin to estimate the number of museums, including the ‘‘Vaquero’’ at the of the most serious kind. lives that were touched and made better by Smithsonian American Art Museum. His cre- Once more—Rilya, you are not forgotten. I the tens of millions of dollars Jackie Lee ations, such as ‘‘Blue Mustang’’, which often will never sleep, I will never slumber, and I will raised for and donated to worthwhile charities depict the working man, are marked by vivid never rest until we find you—until those re- and causes over the years, saying once: ‘‘Giv- and fluorescent colors. They are purposefully sponsible for your disappearance are brought ing is just a feeling of wanting to be proud of striking yet accessible, often provoking strong to justice. what you do.’’ I will always be especially reactions. grateful for her work on the Palm Springs And finally, I would like to recognize jour- Many nights I dream that I will one day get International Film Festival, and consider my- nalist and columnist Ramon Renteria for his to meet you. Every night I dream that you self truly honored to have called her a dear decades of bold, quality reporting on a wide have grown into the fine young lady you were friend. range of cultural and social issues. His past meant to be. Every night I dream that I will Jackie Lee had the ability to take your honors include the Guillermo Martinez- see you reunited with your loving sister, breath away with a flair and creativity that set Marquez national award for Latin American re- Rodericka. her parties and events apart from all the porting and a Texas Headliner Award for his I pray that it will be so. rest—and for that reason people flocked to the

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.048 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1718 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 Houston’s home and social gatherings and al- As unrest continues in the Middle East, the initial years following his return from Europe, ways returned. She also quietly helped count- United States must remain steadfast in its he worked as a successful lawyer and served less other individuals, helping families with fur- unyielding support of our friend and ally. as chief registrar for Muscogee County, Geor- niture, clothes, or even mortgage payments. Sadly, Israel is in a volatile region of he world gia where he was active in the desegregation We were all enriched by her life and dev- where our shared values of self-determination of the voter registration process. When he be- astated by her passing, and the void in our and democracy are under constant attack. came a juvenile court judge in 1965, his love community will never be filled. That is why I continually support vital security of children and his determination to help the Mr. Speaker, please join me in commemo- assistance to Israel and support legislation to underprivileged led him to embark on a highly rating the life and contributions of Mrs. Jackie impose sanctions on those aiding Iran’s nu- successful and rewarding judicial career. Lee Houston, who passed away on Sep- clear program. Iran’s Mahmoud Ahmadinejad A recent headline in the Columbus Ledger- tember 14, 2011. Her legacy will live on can never, at any time, be allowed to obtain Enquirer recently read ‘‘Judge Cohn is an icon through her many achievements, the countless nuclear weapons. of integrity.’’ It is true that Judge Cohn is an lives she touched, and the enduring admira- Israel’s security, and regional stability in the icon of integrity but he is also so much more. tion and devotion of her loving husband, Jim. Middle East, is a vital U.S. interest. As a His notable judicial feats and vast accomplish- May God bless her, and God bless America. Member of Congress, I urge all branches of ments are an accumulation of tangibly sub- f U.S. Government to remain consistent in em- stantive deeds that have positively impacted phasizing their support for Israel. the lives of countless families around the PALESTINIAN STATEHOOD f world. I would be remiss if I did not also recognize HON. STEVE AUSTRIA IN HONOR OF JUDGE AARON COHN the important role that Judge Cohn’s late wife, OF OHIO Janet Ann, played in his numerous achieve- IN THE HOUSE OF REPRESENTATIVES HON. SANFORD D. BISHOP, JR. ments by being a supportive spouse, close Friday, September 23, 2011 OF GEORGIA confidant and loving mother to their three chil- Mr. AUSTRIA. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES dren: Gail Cohn, Leslie L. Cohn and Jane express my deep concern about today’s vote Friday, September 23, 2011 Cohn Kulbersh. Finally, Judge Cohn has been a pillar of in- in the U.N. General Assembly regarding Pal- Mr. BISHOP of Georgia. Mr. Speaker, I rise estinian statehood. tegrity throughout his life. He has been a men- today to pay tribute to our Nation’s longest tor for me and limitless others; an adviser; role This unilateral attempt by the Palestinians is serving juvenile court judge and one of Colum- not in the best interest of the United States. It model and friend. bus, Georgia’s most distinguished legal minds, Mr. Speaker, I ask my colleagues to join me is not in the best interest of Israel—our closest celebrated military veterans and dedicated ally in the Middle East. And, in my opinion, it in saluting a true American hero, outstanding public servants, Judge Aaron Cohn. Judge legal scholar and one of Columbus, Georgia’s is not in the best interest of the Palestinian Cohn, who has served as a juvenile court people. Any decisions regarding Palestine’s most beloved figures, Judge Aaron Cohn, on judge since 1965, will step down from that po- the occasion of his well-deserved retirement. statehood must come in conjunction with se- sition at the end of this month. His longevity f curity for the Israeli people and multilateral of dedicated judicial service and steadfast talks with Israel. commitment to positively influencing genera- OUR UNCONSCIONABLE NATIONAL Today, as the world watches the actions of tions of Columbus-area youth, are just a few DEBT the United Nations, I plant my feet firmly on of the many reasons as to why Judge Cohn the side of the Jewish State of Israel, and ex- has been an invaluable and irreplaceable pillar press my unwavering support for their country HON. MIKE COFFMAN in Georgia’s legal community. OF COLORADO and security. A Columbus native, Judge Cohn was born IN THE HOUSE OF REPRESENTATIVES Israel stands as a beacon of hope in a re- on March 3, 1916. He is a graduate of Colum- gion of the world where democracy and free- bus High School and the University of Geor- Friday, September 23, 2011 dom are in short supply. With our continued gia. As a student at the University of Georgia, Mr. COFFMAN of Colorado. Mr. Speaker, friendship, we can ensure that Israel has the he epitomized the true meaning of scholar-ath- today our national debt is support and resources needed to continue on lete in that he was the Captain of the Bull- $14,726,790,407,953.74. as a banner of freedom and democracy in the dogs’ tennis team, served as Vice President of On January 6, 2009, the start of the 111th Middle East. the Inter-fraternity Council and was a member Congress, the national debt was f of the Blue Key Honorary Society. $10,638,425,746,293.80. SUPPORT ISRAEL Following his exemplary collegiate career, This means the national debt has increased Judge Cohn was admitted to the Georgia Bar by $4,088,364,661,659.94 since then. This HON. DAVID G. REICHERT in 1938 and in 1940 he volunteered for the debt and its interest payments we are passing United States Army. He served under General OF WASHINGTON to our children and all future Americans. George Patton in World War II and earned the IN THE HOUSE OF REPRESENTATIVES f Bronze Star for his patriotic service on behalf Friday, September 23, 2011 of our great Nation. As a Major in the 3rd Ar- MOTION TO CONCUR Mr. REICHERT. Mr. Speaker, I rise today in mored Cavalry Regiment, he bravely fought SPEECH OF support of Israel and in my belief that a nu- with U.S. armed forces across France and clear-armed Iran poses a dire threat not only broke through German defenses at Metz. HON. PAUL RYAN to Israel, but to the entire world. One of the most defining and heroic mo- OF WISCONSIN Israel is a crucial ally and friend to the ments of Judge Cohn’s illustrious military ca- IN THE HOUSE OF REPRESENTATIVES United States. There is a long, rich, and pro- reer occurred when as a young commanding ductive history between our two countries. If officer in the U.S. Army, he was among the Thursday, September 22, 2011 Israel’s sovereignty and ability to compete on first of the Allied troops to help liberate the Mr. RYAN of Wisconsin. Mr. Speaker, I rise a level playing field is being threatened, it is Nazi Concentration Camp in Ebensee, Austria. today to provide explanation and clarification important for all levels of the U.S. Government Almost 40 years later in 1982, he was hon- of the intended budget effects from the anom- to stand up and act. The partnership between ored by the United States Holocaust Memorial aly related to the U.S. Postal Service that is our two democracies is strong and must re- Commission as an Official Liberator of the contained in H.J. Res 79, the Continuing Res- main so. Concentration Camp at Ebensee, Austria. Ad- olution (CR) for Fiscal Year 2012. Palestinian leadership is attempting a push ditionally, he was cited by the City of H.J. Res. 79 would postpone from Sep- toward statehood through the United Nations Bettembourg, Luxembourg, for his service in tember 30, 2011 until November 18, 2011 the but Middle East peace can only be achieved the liberation of Luxembourg while with the payment due from the Postal Service, which is through direct negotiations. An agreement 3rd Armored Cavalry Regiment. off-budget, to an on-budget account managed suitable to both Israelis and Palestinians must After the war, Judge Cohn diligently focused by the Office of Personnel Management achieve real security and mutual recognition of his efforts on working to prevent children from (OPM). each state’s right to exist. That cannot be taking the wrong path, advocating civil rights The Postal Accountability and Enhancement achieved through unilateral action. and promoting religious tolerance. During the Act of 2006 requires the Postal Service to

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.051 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1719 make a $5.5 billion payment to OPM by Sep- PALESTINIAN STATEHOOD I was asked to speak on my recent visit to tember 30, 2011 to pre-fund retiree health Southern Kordofan. I will keep my com- benefits. However, the Postal Service does ments brief and ask that our August 30 re- HON. JAMES A. HIMES port on the situation in Southern Kordofan not currently have adequate funds to make OF CONNECTICUT be submitted for the record. this payment. To address this issue, the CR IN THE HOUSE OF REPRESENTATIVES As you are aware, South Sudan seceded includes a provision that will delay the pay- from Sudan on July 9, following a January ment to provide time for the Postal Service to Friday, September 23, 2011 referendum under the terms of the 2005 Com- work with Congress and the Administration to Mr. HIMES. Mr. Speaker, today, we expect prehensive Peace Agreement. While these develop a long-term solution. that Palestinian President Mahmoud Abbas events transpired relatively smoothly, new will apply for member status before the United conflicts erupted in key areas north of the If only the on-budget effects were counted, border, where the reforms envisioned in the this delay would score as an increase in Nations. This unilateral action is likely to com- peace agreement never occurred. spending in 2011, but then produce savings in plicate U.S. peace efforts. It also rejects the Weeks after Sudan militarily overtook the 2012, resulting in additional room for spending essential principle of solving the conflict disputed border area of Abyei in late May, in under the caps on discretionary spending es- through direct negotiations with Israel. violation of the CPA, fighting between gov- tablished in the Budget Control Act of 2011. History has taught us that a just and lasting ernment and SPLA forces broke out in To prevent this unintended consequence, the peace must be negotiated. It cannot be im- neighboring Southern Kordofan, home to House Budget Committee scored this anomaly posed from the outside, lest it be built on an large ethnic Nuba populations with long- standing ties to the SPLM. on a unified basis, so that both the on-budget unstable and temporary foundation. The fighting broke out amid growing ten- and off-budget effects were counted together. The creation of a viable, autonomous and sions over disputed state elections, in which As a result, the 2011 cost and the 2012 sav- peaceful Palestinian state is essential, not only Ahmed Haroun—who is wanted by the Inter- ings offset each other and produce a score of to address the aspirations of the Palestinian national Criminal Court for war crimes and zero in the CR. This decision has precedent. people, but also to ensure Israel’s security in crimes against humanity in Darfur—claimed A similar provision was included in the FY the region. A two-state solution is the only an- a narrow victory for governor. The two par- 2010 short-term CR (P.L. 111–68) where the swer for sustainable peace, and while the ne- ties also disagreed over the terms of troop withdrawals under the security arrange- House scored that provision on a unified basis gotiations to achieve that goal have suffered ments in the CPA. pursuant to section 426(b) of the 2010 budget setbacks, that must be the objective. According to witnesses we interviewed and resolution. During a speech on Middle East policy at other sources, government forces shelled ci- The off-budget status of the U.S. Postal the U.S. State Department on May 19, 2011, vilian areas, shot people in the streets and Service creates significant complications for President Obama stated, ‘‘For the Palestin- carried out house-to-house searches and ar- budget enforcement when the agency seeks ians, efforts to delegitimize Israel will end in rests based on lists of names of known SPLM failure. Symbolic actions to isolate Israel at the supporters in the first weeks of fighting. timing shifts or bailouts from the U.S. Treasury Many people I interviewed saw dead bodies due to financial distress. The House Budget United Nations in September won’t create an and evidence of looting and burning as they Committee will continue to monitor this anom- independent state. Palestinian leaders will not escaped the town. aly throughout the budget and appropriations achieve peace or prosperity if Hamas insists The witness accounts are consistent with process to ensure that it does not result in ad- on a path of terror and rejection. And Palestin- many of the findings in an August 15 report ditional discretionary spending in FY 2012. ians will never realize their independence by by the Office of the High Commissioner for denying the right of Israel to exist.’’ I agree Human Rights, which documents unlawful with these sentiments. killings and attacks on civilians and other f serious human rights violations that could f HONORING CONGRESSWOMAN amount to war crimes and crimes against HUMANITARIAN CRISIS AND humanity. CARRIE MEEK In late August, I visited Southern HUMAN RIGHTS VIOLATIONS IN Kordofan. Although government restrictions SUDAN prevented us from visiting Kadugli itself and HON. TIM RYAN other government-controlled areas, we vis- OF OHIO HON. FRANK R. WOLF ited many towns and villages deep in the Nuba Mountains, where hundreds of thou- IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA sands of people have taken refuge from fight- Friday, September 23, 2011 IN THE HOUSE OF REPRESENTATIVES ing and ongoing indiscriminate bombing by Friday, September 23, 2011 the Sudanese government. Mr. RYAN of Ohio. Mr. Speaker, I rise to- While I was there, I saw government planes night to recognize Congresswoman Carrie Mr. WOLF. Mr. Speaker, I rise today to circling overhead on a near-daily basis, Meek and her lifelong devotion to public serv- bring to my colleagues’ attention a powerful sometimes multiple times per day. I also saw ice. hearing that the Tom Lantos Human Rights three bombs falling out of an aircraft, and For over a decade, Congresswoman Meek Commission—of which I am a co-chair—held heard them explode a few kilometers away. We investigated 13 air separate strikes in served in the Florida State House of Rep- on September 22, 2011 to discuss the human- itarian atrocities that are taking place in Kauda, Delami, and Kurchi areas—a small resentatives and Senate. In 1993, Congress- fraction of the total number of air strikes in woman Meek became the first African Amer- Sudan, including Darfur. Nuba Mountains—in which bomb fragments ican since Reconstruction to be elected to the I submit for the record the moving testi- brutally killed at least 26 people, including United States House of Representatives from monies of two of the panelists—former mem- women and children, and injured 45 others, the state of Florida. ber of Congress, the Honorable Thomas H. maiming many for life. Andrews, and Ms. Jehanne Henry of Human According to those we interviewed, there Congresswoman Meek fought against cuts were no military targets in areas where to social welfare programs throughout the Rights Watch. I hope that my colleagues will take a moment to read these testimonies and bombs fell. None of the incidents we inves- 1990s. Instead, she worked to expand federal tigated occurred close to front lines or in programs that could create jobs and make it realize that the atrocities mentioned are taking areas of active combat. The type of muni- easier for minorities to open and own their place and continue to take place today. tions used and the manner in which they own businesses. The United States must not turn a blind eye were delivered—unguided, dropped from high During her career, she worked tirelessly to to this part of the world. altitudes—are further evidence that the [Human Rights Watch, Sept. 22, 2011] bombings were indiscriminate and therefore stand up for the underprivileged; making sure unlawful. TESTIMONY TO THE TOM LANTOS HUMAN that the elderly were able to live comfortably, The bombing is ongoing, and has a dev- RIGHTS COMMISSION REGARDING SUDAN that minorities were accurately counted in the astating impact on the Nuba population. Census, and that disaster stricken areas had (By Jehanne Henry) People forced out of their homes now live in adequate funding. Good morning, Chairman McGovern, Chair- harsh conditions under boulders, in caves, on I am honored to join my distinguished col- man Wolf and distinguished Members of the mountaintops, under trees, and in the bush Tom Lantos Human Rights Commission. far from towns where they fear being struck leagues to pay tribute to the great work and Thank you for inviting me to this important by bombs. They lacked sufficient food, medi- achievements of Congresswoman Meek. She hearing on Sudan, particularly in view of cine, and shelter from the rains—many are is, and always will be a shining example of new conflict and human rights abuses occur- now eating berries and leaves, and their chil- how we, as Members of Congress, should ring in Southern Kordofan and Blue Nile dren are suffering from diarrhea and ma- conduct ourselves in public office. states as we speak. laria. Many we met were separated from

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.056 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1720 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 family members living in government con- countability in Sudan. Your leadership on allowed to commit atrocities with impunity. trolled areas. Sudan is critical. Again. Unless this policy course is corrected, Humanitarian groups estimate that more I was in the region a little over two many more civilians will lose their lives. than 200,000 people have been displaced, ei- months ago visiting Rwanda, Kenya and In my view the Obama Administration ther by the outbreak of fighting in early South Sudan, and in Juba just weeks after needs to do three things: June, by ongoing fighting along several front violence broke out in South Kordofan. Ev- First, expand sanctions on individuals re- lines, and by the ongoing bombing campaign. erywhere I went I heard story after story of sponsible for atrocities throughout Sudan. The number may be higher, as heavy rains the horror that continues to be inflicted. Current individual sanctions for atrocities and lack of fuel for vehicles and security Two refugees from Darfur told me about are specific only to Darfur. Anyone who com- concerns restricted access to many SPLM- their harrowing experience of being awak- mits heinous crimes must be held account- North-controlled areas. ened at dawn by the sound of hooves and able regardless of where in Sudan these Yet the Sudanese government has blocked gunfire as the Janjaweed raided their vil- atrocities take place. humanitarian assistance to opposition areas lage. They fled to South Kordofan’s Nuba Second, make saving lives in Sudan a high as well as many government-held areas. On Mountains and described how the people priority in our dealings with other nations— August 20, aid groups tried to carry out an there welcomed them. They expressed their particularly those that can exert the most assessment but were allowed only to Kadugli alarm and horror that the same regime that leverage on Bashir. We need increased and town. On August 23, President Al-Bashir pub- had forced them to flee their homes in coordinated sanctions by the international licly stated that no international groups Darfur was now attacking the very people community starting with our European al- would be allowed in. Indeed, Sudan has done who provided them refuge. lies. Maybe even more importantly, the everything possible to ensure there are no The common denominator in the dev- United States must work to move China in a ‘‘eyes and ears’’ on the ground. It has pre- astating attacks on civilians in both Darfur new direction. The Chinese have a great deal vented journalists, researchers, diplomats and South Kordofan is Sudan’s President of leverage with the Government of Sudan. and UN staff from visiting the area, and Omar al-Bashir. Let me be clear—Bashir is a Their significant monetary investment forced the UN peacekeepers to leave. genocidal monster who is already wanted by makes it in their interest to have a peaceful In recent weeks, this conflict has spread to the International Criminal Court for direct- and stable region. But their actions belie neighboring Blue Nile state and the govern- ing atrocities in Darfur. Since Bashir came their interest and denigrate values that we ment has clamped down on SPLM-North to power in a military coup in 1989 he has have a moral obligation to defend and ad- across the country, arresting more than 100 murdered, starved and destroyed the lives of vance. The red carpet that the Chinese gov- suspected supporters, banning political par- millions of innocent civilians in South ernment literally unfolded for Bashir just ties, and restricting media coverage of the Sudan, Abyei, Darfur, Blue Nile and South months ago in Beijing was an outrage. We conflicts. We have credible reports that the Kordofan. need to hear that outrage spoken loudly and government is bombing civilian areas in I have provided additional details on the clearly by our leaders. Blue Nile also. Tens of thousands of people violence being perpetrated across Sudan by Finally, weapons must be stopped from fled their homes. Bashir’s forces in my written testimony. But flowing into Sudan and innocent people must Sudan faces many political challenges: my focus today is on what is happening now be protected. The U.S. must spend political growing dissent from marginalized popu- in South Kordofan and the stories that were capital to pass a United Nations Security lations in its peripheries; active conflicts in told to me by the people I met. Council resolution that expands individual two border states and in Darfur, for eight I spoke to several people displaced from sanctions for perpetrators, expands the exist- years running; and it has lost one-third of its South Kordofan’s Nuba Mountains when I ing arms embargo on Darfur to incorporate territory and faces serious economic chal- was in Juba in early July. The numbers of all of Sudan, expands the mandate of the lenges. Unfortunately, its leaders have cho- displaced have only increased since then. International Criminal Court to cover the sen to respond to these challenges through Two priests who had just arrived after a nar- entire country, demands unfettered humani- repression and armed conflict rather than by row escape told me that the Sudanese Armed tarian access, and authorizes an inter- upholding rights, opening political space, Forces and allied militias had gone door to national civilian protection force with the pursuing democratic reforms. door, targeting people based on their religion resources and mandate to accomplish its The United States has shown leadership. and the color of their skin. They spoke of mission. Ambassador Rice condemned the violence churches being burned and looted. One Congress also has an important role to early on and requested UN reporting on church was hit by a bomb as Antanov planes, play. First, the American people need to human rights violations. The state depart- the same used to terrorize the people of know the truth about Omar al-Bashir and his ment has also condemned the continued aer- Darfur, launched indiscriminate attacks on atrocities. This hearing is an important step ial bombing. This continued leadership is civilian areas. That was in July. The attacks in that direction and, again, I commend you critical. continue. for your leadership. American citizens have The United Nations Security Council and But it doesn’t stop there: Bashir has also shown they care about the people of Sudan, the Africa Union have yet to even condemn refused to let in desperately needed food, but many are unaware of what is happening the violations, despite the evidence of indis- water, medicine and fuel. International aid there now. Your help is needed to raise the criminate bombing and despite the UN High NGOs have been tossed out. One of the dis- alarm. Congress should also consider and Commissioner for Human Rights warning placed priests I met with had heard just that pass legislation that would mandate in- that war crimes and crimes against human- morning from a colleague still in the Nuba creased United States sanctions and push the ity may have occurred in Southern Mountains that food stocks were running Administration to advance the policies I’ve Kordofan. low, trade routes were blocked, and no new laid out here today. We urge the US to press for: a strong con- aid was being allowed in. He told me that at I know this is not as easy as it may sound. demnation of the ongoing violations in least one million innocent people are at risk I know about all the distractions that Mem- Southern Kordofan and Blue Nile; an inter- in South Kordofan. bers of Congress face. I was serving in the national monitoring presence, with a re- This year alone, more than half a million House during the Rwandan genocide. I vis- quirement for continued human rights moni- people have been displaced by fighting ited the graves of hundreds of thousands of toring; and a full and independent investiga- throughout Sudan. United Nations reports victims when I visited Rwanda in July and tion into violations of international human indicate the likelihood of ethnic cleansing in asked myself—‘‘Where was I?’’ Why did we do rights and humanitarian law. Abyei, and war crimes and crimes against nothing to prevent or stop this horror?’’ Finally, the US needs to remain steadfast humanity in South Kordofan. We suspect Well, in retrospect, the political climate in making no concessions to Sudan given similar atrocities have occurred in Blue Nile. here in the U.S. was intense in 1994. There Recent violence directed by Bashir makes these ongoing and serious violations. were fresh memories of Mogadishu, Somalia Thank you. it very clear, when left unchecked this geno- and ‘‘Black Hawk Down’’. There was the con- cidal monster will simply continue to do flict in the former Yugoslavia. The economy [From United to End Genocide, Sept. 22, 2011] what he has always done: commit unspeak- was struggling and a heated election was able atrocities. looming. When you think about it, the polit- TESTIMONY OF THE HON. THOMAS H. AN- So what can the United States do? Past ex- ical climate today is not at all dissimilar. DREWS—‘‘SUDAN: THE ONGOING HUMANI- perience demonstrates that the Bashir re- But, the bottom line then is the bottom line TARIAN CRISIS IN SOUTH KORDOFAN AND gime only responds to consequences. Unfor- now: We cannot stand quietly aside while CONTINUING HUMAN RIGHTS VIOLATIONS IN tunately, the Obama Administration is fail- genocidal monsters inflict unspeakable DARFUR ing in the face of these ongoing atrocities. crimes against untold numbers of innocent Thank you Chairman Wolf, Chairman Recent statements by the State Department people. The cost of doing nothing is too McGovern and members of the Tom Lantos do not place appropriate emphasis on the great. We must not look back years from Human Rights Commission for holding this Government of Sudan as the party over- now on this moment and think: ‘‘If only we hearing. I greatly appreciate the opportunity whelmingly responsible for violence against had done something.’’ to testify before you today on the escalation civilians. Even more importantly, action We must have the courage to act now. of attacks against civilians in Sudan. So from the Administration is severely lacking. Thank you again for your time and for this many members of this Commission have Accountability is not being demanded. Civil- opportunity. I look forward to answering been long-time champions of peace and ac- ians are not being protected. Bashir is being your questions.

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\A23SE8.059 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS September 23, 2011 CONGRESSIONAL RECORD — Extensions of Remarks E1721 HONORING THE SERVICE OF HIS vide, the local YMCA organized four little our children and grandchildren are projected EXCELLENCY YASHAR ALIYEV, league teams for the neighborhood kids. The to live shorter and less healthy lives than we AMBASSADOR EXTRAORDINARY Cannon Street YMCA All-Stars would advance do. Medical costs associated with obesity total AND PLENIPOTENTIARY OF THE to the Charleston City Little League playoff more than a billion dollars a year. The price REPUBLIC OF AZERBAIJAN TO games, but would never be given the oppor- tag will continue to increase as our youth face THE UNITED STATES OF AMER- tunity to earn a spot in the Little League World more and more diseases normally only found ICA Series. It was not because they were unwor- in adult populations, like hypertension, type 2 thy players or because they could not afford to diabetes, and high cholesterol. This growing HON. STEVE COHEN go. The color of their skin stifled the dreams epidemic is driven by environmental, eco- OF TENNESSEE of these twelve-year-old boys. nomic, and social factors that make fats, salt IN THE HOUSE OF REPRESENTATIVES The Charleston playoff games were boy- and sugars cheaper and more available than cotted in 1955 to preserve racial segregation. fresh fruits and vegetables and limit the oppor- Friday, September 23, 2011 Because teams again refused to play against tunities for sports and recreation. Mr. COHEN. Mr. Speaker, I rise today to them, the Cannon Street All-Stars advanced The good news is that prevention works and honor the departing Ambassador Extraordinary past the state and regional playoffs. The Na- by working together we can buck this trend. and Plenipotentiary of the Republic of Azer- tional Little League invited the All-Stars to the Together, we can improve access to healthier baijan to the United States of America, His Ex- Little League World Series as special guests; foods, increase availability of active transpor- cellency Yashar Aliyev. Mr. Aliyev has served they could not compete for the title because tation for our youth, and ensure our commu- in this post since December 2006, but his dip- technically they hadn’t played their way to the nities are walkable. lomatic career is long and distinguished. championships. They returned to Charleston, We face an uphill battle—according to Ambassador Aliyev began his diplomatic ca- dismayed and disappointed. Washington State’s Healthy Youth Survey, reer at the United Nations in 1992, serving as As children, they embodied the very charac- 24% of 10th graders are either obese or over- political affairs counselor and charge´ d’affaires teristics that organized sports aim to impart— weight, and less than half of children surveyed of Azerbaijan’s Permanent Mission. He was teamwork, courage and respect. As adults were getting enough fruits and vegetables. Yet also Azerbaijan’s delegate to the First and they have worked in productive and valuable already, many leaders and communities in Fourth Committees at the forty-seventh careers such as architecture, law enforcement Washington are stepping to the plate and are through fifty-sixth sessions of the United Na- and education. As they have grown older, they committed to taking on this fight by making tions General Assembly. Having joined the are now volunteers in their communities—giv- healthy, important changes. From Moses Lake Ministry of Foreign Affairs of Azerbaijan in ing back, yet again. While they never had the to Mount Vernon, communities are success- 1989, Ambassador Aliyev held posts as polit- opportunity to compete, their story has dem- fully incorporating policies to increase access ical officer, first secretary and deputy director onstrated where we have come from as a na- to healthy foods and physical activity. Seattle’s in the Ministry’s Department of Information tion. Odessa Brown Children’s Clinic, located in a and Political Analysis, as well as director of Last month members of my staff had the community where nearly 40% of children are the Department of International Organizations. opportunity to meet several of the original overweight or obese, is on the front lines of From 2002–2006, he served as Azerbaijan’s Cannon Street Little Leaguers who traveled to combating childhood obesity. The clinic has Permanent Representative to the United Na- Washington, D.C. to be recognized at Nation- successfully integrated childhood obesity pre- tions. als Stadium before the Nationals-Phillies vention and treatment program into their pri- It has been my honor and privilege to work game. Their story remains powerful more than mary care to address the challenge. with Ambassador Aliyev on issues important to 65 years later, and I know my staff will never Childhood obesity prevention should be a Azerbaijan. I have come to regard him as a forget having the opportunity to meet them. top priority. In Congress, I worked to pass the determined and passionate advocate for his Today, the neighborhood that encompasses Affordable Care Act because I believe an in- country and the strategic partnership between Cannon Street has developed into an integral creased focus on preventative medicine and Azerbaijan and the United States. I praise the part of the Charleston education and science increasing access to care will improve our na- Ambassador for his tremendous efforts and community. It is home to a number of colleges tion’s health. I also support the Fit Kids Act, to contributions to raise awareness among Mem- and universities and a world-class research ensure that children get enough physical activ- bers of Congress and Administration officials hospital. The boys of the Cannon Street Little ity. We know what we need to do to reverse of the important role Azerbaijan is playing in League Team are men who through their ca- this alarming national epidemic. It will not be the security of the United States. reers and service to the community have be- easy, but together we can fight the childhood I want to offer Ambassador Aliyev my ap- come assets to their neighborhoods. In spite obesity trend. preciation for his 5 years of service in Wash- of the adversity they encountered and the f ington, D.C. As Ambassador Aliyev moves on challenges they confronted, these young peo- TRANSPARENCY IN REGULATORY to new responsibilities and assignments, I ex- ple illustrated to the world the absurdity of ANALYSIS OF IMPACTS ON THE tend to him my highest regards and best wish- segregation and the hatred inherent in racism. NATION ACT OF 2011 es. Mister Speaker, I ask all of my colleagues In the fifty-five years since they were ex- to join me today in wishing His Excellency cluded from competing to earn a spot at the SPEECH OF Yashar Aliyev the best and congratulating him Little League World Series in their own right, on his impressive service. America has matured. I’d like to believe that a HON. DENNIS J. KUCINICH OF OHIO f handful of twelve-year-olds contributed to our maturity. IN THE HOUSE OF REPRESENTATIVES THE BIGGEST LITTLE LEAGUERS It is with great admiration that I share their Thursday, September 22, 2011 story and my respect for these men with you, The House in Committee of the Whole HON. TIM SCOTT my colleagues. House on the state of the Union had under OF SOUTH CAROLINA f consideration the bill (H.R. 2401) to require IN THE HOUSE OF REPRESENTATIVES analyses of the cumulative and incremental RECOGNIZING NATIONAL impacts of certain rules and actions of the Friday, September 23, 2011 CHILDHOOD OBESITY MONTH Environmental Protection Agency, and for Mr. SCOTT of South Carolina. Mr. Speaker, other purposes: in the heart of Charleston, South Carolina, lies HON. JAY INSLEE Mr. KUCINICH. Mr. Chair, I rise in strong Cannon Street; it’s a modest street spanning OF WASHINGTON opposition to H.R. 2401, The TRAIN Act. This just a few city blocks. However, within its his- IN THE HOUSE OF REPRESENTATIVES bill would continue the subordination of public tory lies the story of what Dr. Creighton Hale, health and common sense to the narrow, tem- the former CEO of little league baseball, called Friday, September 23, 2011 porary and misguided pursuit of profits for the ‘‘the most significant amateur team in baseball Mr. INSLEE. Mr. Speaker, I rise today to few. It endeavors to kill essential environ- history.’’ recognize September as National Childhood mental and public health protections by impos- In 1955, the area surrounding this street Obesity Month. Childhood obesity is one of ing the exact kind of redtape my colleagues so was one of economic blight and social the biggest health challenges facing our coun- emphatically claim to oppose. unease. In an effort to keep kids out of trouble try; driving up medical costs, hurting our econ- The TRAIN Act slams the brakes on essen- and teach skills that only team sports can pro- omy, and shortening lives. For the first time tial public health initiatives, first by burdening

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.061 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS E1722 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 2011 the initiatives with unnecessary and redundant nuclear catastrophe, or to stop the spread of sometimes it seemed like it was the other way study. These regulations include efforts to re- a flood-borne emerging infectious disease. around. duce airborne ozone, nitrogen dioxide, sulfur There are many environmental issues de- Mr. Speaker, I am proud and honored to dioxide, polycyclic aromatic hydrocarbons, manding our attention which will require rem- recognize the 65th wedding anniversary of my toxic metals like mercury, arsenic and chro- edies that are simply not cost-effective, in the parents, Virgil and Dorrace. And that’s just the mium, and any effort to stem greenhouse narrowly defined economic sense of the term. way it is. gases, the single biggest threat to our way of The regulations at issue today do not fall into life and our very existence in recorded history. that category. This bill is a true test of fiscal f The TRAIN Act also tries to overtly stop two rectitude. I urge my colleagues to reject it. TRIBUTE TO LEE BEAMAN essential rules. It indefinitely blocks EPA’s f Mercury and Air Toxics standards and Cross- State Air Pollution Rule by eliminating any 65 YEARS—VIRGIL & DORRACE POE HON. MARSHA BLACKBURN legal deadline for EPA action. It prevents EPA OF TENNESSEE from adopting the Cross-State Air Pollution HON. TED POE IN THE HOUSE OF REPRESENTATIVES Rule for a minimum of 19 months, and the OF TEXAS Mercury and Air Toxics standards for at least IN THE HOUSE OF REPRESENTATIVES Friday, September 23, 2011 15 months. Friday, September 23, 2011 Mrs. BLACKBURN. Mr. Speaker, I rise Each year the Cross-State Air Pollution rule today to honor one of Middle Tennessee’s fin- is delayed brings about up to 34,000 pre- Mr. POE of Texas. Mr. Speaker, on October est community leaders as he receives the Joe mature deaths, 19,000 emergency room visits 16, Virgil and Dorrace Poe, my parents, will and Honey Rodgers Leadership Award. for respiratory and cardiovascular disease, celebrate their 65th wedding anniversary. This Named to honor the outstanding legacy of and about 400,000 cases of aggravated asth- milestone is more than an anniversary; it is a ma. The pollution reductions under the rule remarkable accomplishment. For over six dec- public service of Honey and the late Joe Rod- are estimated to create health benefits of $59 ades, my parents have taught me the value of gers, former Ambassador to France, the Rod- billion to $140 billion per year; 5 to 13 times education, the power of God, and the rewards gers Leadership Award is given each year to its costs. of hard work. an individual in the Nashville area who dem- Each year the Mercury and Air Toxics rule The story of my parents is truly an American onstrates leadership while living a life of per- is delayed brings about 17,000 additional pre- one. After my father served in the Second sonal integrity, godly character, and concern mature deaths, 12,200 emergency room visits World War, he returned to Texas where he for others. for respiratory and cardiovascular disease, was stationed at the Army Post in Fort Hood. Lee Beaman offers more to the Nashville and about 120,000 cases of aggravated asth- He met my mother at a Wednesday night area than a multitude of trucks, cars, and ma. Enacting the rule would bring about health ‘‘prayer meeting’’ at the Church of Christ. My sports utility vehicles. More than what he sells benefits of $120 to $280 billion per year; 150 mother was a volunteer for the Red Cross at with the Beaman Automotive Group, he is to 350 times its costs. the local Army hospital and a cashier at the known for the incredible character with which If I told you Washington, DC were to incur Kyle Hotel’s coffee shop in Temple, Texas. he runs his family business of over 60 years. an act of terrorism that would cost over 50,000 They married the next year. Due to his customer-oriented business philos- lives over the next year, I guarantee you this Over the next few years, my parents wel- ophy, generosity to the community, and overall Congress would launch a multibillion dollar ef- comed my sister Jayne and me into the world. work environment, Beaman’s company was fort to save those lives. If an explosion at a My dad went to Abilene Christian University named one of the top 20 places to work in nuclear power plant killed a baseball stadium’s thanks to the GI Bill. The family lived in the Tennessee in 2006. worth of people, you can bet we would spend Army Barracks while dad attended classes. To be a success in business is a good goal, billions of dollars figuring out what went My dad worked climbing telephone poles for and one Mr. Beaman has met and matched. wrong, conducting cleanup, performing over- Southwestern Bell, and also he worked nights His true contribution to the Middle Tennessee sight, and so much more. If a massive flood at KRBC radio station. His shifts at KRBC area is in his civic service, philanthropy, and caused an outbreak of an enigmatic infectious ended each night with ‘‘Stars and Stripes For- fidelity to a cause greater than himself. Mr. disease that killed 34,000 people over 12 ever,’’ a fitting song. Beaman puts his faith into action through his months, you can be certain we would mobilize Their marriage has taken them from Fort work with the organizations like Salvation all levels of government and the private sector Hood to Abilene to Dallas and Houston with Army, Boy Scouts of America, and the Amer- to stop it. There would be clearly identifiable two brief stops in St. Louis. ican Heart Association. I thank him for his victims. There would be heroes. Not so in the Throughout our great State of Texas, they continued example in generously dedicating field of public health where the victims are have volunteered in their communities and in his time, talents, and treasures in making a harder to identify and the cause of their death, their churches. My mom found time to teach difference in the community. I appreciate the less grandiose. kindergarten and work for the IRS. My dad great work civic leaders like Mr. Beaman con- We have an opportunity here to prevent the worked over 40 years as an engineer for tribute to the Middle Tennessee area and I deaths of tens of thousands of innocent Amer- Southwestern Bell, and he taught Sunday ask my colleagues to join me in congratulating icans for far less money than it would cost to School for over 60 years. My parents taught Mr. Lee Beaman as he receives the Joe and relaunch a war on terror, to clean up after a me to love God first and Texas second, but Honey Rodgers Leadership Award.

VerDate Mar 15 2010 05:00 Sep 24, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A23SE8.064 E23SEPT1 tjames on DSK6SPTVN1PROD with REMARKS Friday, September 23, 2011 Daily Digest Senate from further consideration of S. Res. 273, congratu- Chamber Action lating the Nunaka Valley Little League junior girls Routine Proceedings, pages S5921–S5960 softball team on their performance in the Junior Measures Introduced: Eleven bills and eight reso- League Softball World Series, and the resolution was lutions were introduced, as follows: S. 1622–1632, S. then agreed to. Page S5933 Res. 276–282, and S. Con. Res. 29. Page S5945 National Medicine Abuse Awareness Month: Measures Passed: Committee on the Judiciary was discharged from further consideration of S. Res. 261, designating the Veterans Health Care Facilities Capital Im- month of October 2011 as ‘‘National Medicine provement Act: Senate passed H.R. 2646, to author- Abuse Awareness Month’’, and the resolution was ize certain Department of Veterans Affairs major then agreed to. Pages S5933–34 medical facility projects and leases, to extend certain expiring provisions of law, and to modify certain au- National Infant Mortality Awareness Month: thorities of the Secretary of Veterans Affairs. Senate agreed to S. Res. 276, expressing support for Page S5932 the goals and ideals of National Infant Mortality Awareness Month of 2011. Page S5934 Short-Term TANF Extension Act: Senate passed H.R. 2943, to extend the program of block grants National Principals Month: Senate agreed to S. to States for temporary assistance for needy families Res. 277, recognizing the month of October 2011 as and related programs through December 31, 2011. ‘‘National Principals Month’’. Page S5934 Page S5932 National Prostate Cancer Awareness Month: Honoring the Service of Sergeant First Class Senate agreed to S. Res. 278, designating September Leroy Arthur Petry: Committee on Armed Services 2011 as ‘‘National Prostate Cancer Awareness was discharged from further consideration of S. Con. Month’’. Pages S5934–35 Res. 27, honoring the service of Sergeant First Class Worldwide Day of Play: Senate agreed to S. Res. Leroy Arthur Petry, a native of Santa Fe, New Mex- 279, expressing support for the designation of Sep- ico, and the second living recipient of the Medal of tember 24, 2011, as ‘‘Worldwide Day of Play’’. Honor since the Vietnam War, and the resolution Page S5935 was then agreed to. Page S5932 National Hispanic-Serving Institutions Week: Authorizing the Use of the Rotunda of the Senate agreed to S. Res. 280, designating the week United States Capitol: Senate agreed to S. Con. Res. beginning September 19, 2011, as ‘‘National His- 29, authorizing the use of the rotunda of the United panic-Serving Institutions Week’’ and recognizing States Capitol for an event to present the Congres- the achievements of the Hispanic Association of Col- sional Gold Medal, collectively, to Neil A. Arm- leges and Universities. Page S5935 strong, Edwin E. ‘‘Buzz’’ Aldrin, Jr., Michael Col- lins, and John Herschel Glenn, Jr., in recognition of National Estuaries Day: Senate agreed to S. Res. 281, designating September 24, 2011, as ‘‘National their significant contributions to society. Page S5932 Estuaries Day’’. Pages S5935–36 National Brain Aneurysm Awareness Month: Committee on Health, Education, Labor, and Pen- Authorizing Testimony: Senate agreed to S. Res. sions was discharged from further consideration of S. 282, to authorize testimony in Kanelos v. County of Res. 248, supporting the goals and ideals of Na- Mohave, et al. and Zanna, et al. v. Mohave County, et tional Brain Aneurysm Awareness Month, and the al. Pages S5958–59 resolution was then agreed to. Page S5933 House Messages: Congratulating the Nunaka Valley Little Continuing Appropriations—Agreement: Senate League: Committee on the Judiciary was discharged began consideration of the amendment of the House D1015

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of Representatives to the amendment of the Senate for the motion to concur be at 5:00 p.m., on Mon- to H.R. 2608, making continuing appropriations for day, September 26, 2011. Page S5959 fiscal year 2012, taking action on the following Nominations Confirmed: Senate confirmed the fol- amendments and motions proposed thereto: lowing nominations: Pages S5921–24 Ashton B. Carter, of Massachusetts, to be Deputy Rejected: Secretary of Defense. Reid Motion to concur in the amendment of the 29 Air Force nominations in the rank of general. House of Representatives to the amendment of the 10 Army nominations in the rank of general. Senate to the bill, with Reid Amendment No. 655 10 Navy nominations in the rank of admiral. (to the amendment of the House to the amendment Routine lists in the Air Force, Army, Marine of the Senate to the bill), to provide continuing ap- Corps, and Navy. Pages S5956–58, S5959–60 propriations in fiscal year 2011 and additional ap- A routine list in the Public Health Service. (Prior propriations for disaster relief in fiscal years 2011 to this action, Committee on Health, Education, and 2012. (By 59 yeas to 36 nays (Vote No. 151), Labor, and Pensions was discharged from further Senate tabled the motion.) Page S5922 consideration.) Pages S5956–58, S5959–60 Pending: Nominations Received: Senate received the fol- Reid Motion to concur in the amendment of the lowing nominations: House of Representatives to the amendment of the Maurice A. Jones, of Virginia, to be Deputy Sec- Senate to the bill, with Reid Amendment No. 656 retary of Housing and Urban Development. (to the amendment of the House to the amendment Matthew S. Rutherford, of Illinois, to be an As- of the Senate to the bill), to provide continuing ap- sistant Secretary of the Treasury. Page S5959 propriations in fiscal year 2011 and additional ap- propriations for disaster relief in fiscal years 2011 Messages from the House: Page S5944 and 2012. Page S5922 Measures Placed on the Calendar: Reid Amendment No. 657 (to Amendment No. Pages S5936, S5944 Page S5922 656), to change the enactment date. Executive Communications: Pages S5944–45 Reid Motion to refer the message of the House on the bill to the Committee on Appropriations with Additional Cosponsors: Pages S5945–47 instructions, Reid Amendment No. 658, to change Statements on Introduced Bills/Resolutions: the enactment date. Page S5922 Pages S5947–52 Reid Amendment No. 659 (to (the instructions) Additional Statements: Pages S5943–44 Amendment No. 658), of a perfecting nature. Pages S5952–56 Page S5922 Amendments Submitted: Reid Amendment No. 660 (to Amendment No. Authorities for Committees to Meet: Page S5956 659), of a perfecting nature. Pages S5922–24 Record Votes: One record vote was taken today. A motion was entered to close further debate on (Total—151) Page S5922 the Reid Motion to concur in the amendment of the Adjournment: Senate convened at 9:00 a.m. and House of Representatives to the amendment of the adjourned at 3:59 p.m., until 3:30 p.m. on Monday, Senate to the bill, with Reid Amendment No. 656 September 26, 2011. (For Senate’s program, see the (to the amendment of the House to the amendment remarks of the Majority Leader in today’s Record on of the Senate to the bill), and, in accordance with page S5959.) the provisions of Rule XXII of the Standing Rules of the Senate, and pursuant to the unanimous-con- sent agreement of Friday, September 23, 2011, a Committee Meetings vote on cloture will occur at 5:30 p.m., on Monday, (Committees not listed did not meet) September 26, 2011. Page S5922 A unanimous-consent agreement was reached pro- NOMINATIONS viding that at 4:30 p.m., on Monday, September 26, Committee on Homeland Security and Governmental Af- 2011, Senate resume consideration of the Reid Mo- fairs: Committee concluded a hearing to examine the nominations of Ronald David McCray, of Texas, to tion to concur in the amendment of the House of be a Member of the Federal Retirement Thrift In- Representatives to the amendment of the Senate to vestment Board, and Corinne Ann Beckwith, and the bill, with Reid Amendment No. 656, with the Catharine Friend Easterly, both to be an Associate time until 5:30 p.m. equally divided and controlled Judge of the District of Columbia Court of Appeals, between the two Leaders, or their designees; pro- after the nominees testified and answered questions viding further, that the second-degree filing deadline in their own behalf.

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VerDate Mar 15 2010 23:56 May 31, 2012 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D23SE1.REC D23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1018 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 2011 House of Representatives incremental impacts of certain rules and actions of Chamber Action the Environmental Protection Agency, by a recorded Public Bills and Resolutions Introduced: 29 pub- vote of 249 ayes to 169 noes, Roll No. 741. Consid- lic bills, H.R. 3038–3066; and 3 resolutions, H. eration of the measure began yesterday, September Con. Res. 82; and H. Res. 415–416 were intro- 22nd. Pages H6419–46 duced. Pages H6455–57 Rejected the McCollum motion to recommit the Additional Cosponsors: Pages H6457–58 bill to the Committee on Energy and Commerce Reports Filed: Reports were filed today as follows: with instructions to report the same back to the H.R. 241, to authorize the conveyance of certain House forthwith with an amendment, by a yea-and- National Forest System lands in the Los Padres Na- nay vote of 180 yeas to 233 nays, Roll No. 740. tional Forest in California, with an amendment (H. Pages H6444–46 Rept. 112–216); Agreed to: H.R. 461, to direct the Secretary of the Interior Moore amendment (No. 3 printed in H. Rept. to convey certain Federal features of the electric dis- 112–213) that ensures that the study will analyze tribution system to the South Utah Valley Electric the impact that a rule or action could have on low- Service District, and for other purposes, with an income communities and public health (by a re- amendment (H. Rept. 112–217); corded vote of 337 ayes to 76 noes, Roll No. 730); H.R. 473, to provide for the conveyance of ap- Pages H6423, H6438 proximately 140 acres of land in the Ouachita Na- Kinzinger amendment (No. 5 printed in H. Rept. tional Forest in Oklahoma to the Indian Nations 112–213) that adds upcoming EPA gasoline regula- Council, Inc., of the Boy Scouts of America, and for tions to the list of measures to be analyzed for their other purposes, with an amendment (H. Rept. cumulative impact on energy prices, jobs, and Amer- 112–218); ican competitiveness (by a recorded vote of 269 ayes H.R. 795, to expand small-scale hydropower (H. to 145 noes, Roll No. 732); Pages H6425–26, H6439–40 Rept. 112–219, Pt. 1); Dent amendment (No. 6 printed in H. Rept. H.R. 1258, to provide for the conveyance of par- 112–213) that adds the U.S. Environmental Protec- cels of land to Mantua, Box Elder County, Utah (H. tion Agency’s (EPA) National Emission Standards for Rept. 112–220); Hazardous Air Pollutants (NESHAP) from the Port- H.R. 1421, to amend the Water Resources Devel- land Cement Manufacturing Industry and Standards opment Act of 1986 to clarify the role of the Cher- of Performance for Portland Cement Plants to the okee Nation of Oklahoma with regard to the main- Covered Rules within the bill (by a recorded vote of tenance of the W.D. Mayo Lock and Dam in Okla- 269 ayes to 150 noes, Roll No. 733); homa (H. Rept. 112–221 Pt. 1); Pages H6426–27, H6440–41 H.R. 1560, to amend the Ysleta del Sur Pueblo Jackson Lee amendment (No. 9 printed in H. and Alabama and Coushatta Indian Tribes of Texas Rept. 112–213) that extends the public comment Restoration Act to allow the Ysleta del Sur Pueblo period from 90 days to 120 days (by a recorded vote Tribe to determine blood quantum requirement for of 346 ayes to 74 noes, Roll No. 736); membership in that tribe (H. Rept. 112–222); and Pages H6429–31, H6442 H.R. 2583, to authorize appropriations for the Whitfield amendment (No. 10 printed in H. Department of State for fiscal year 2012, and for Rept. 112–213) that provides that the Cross State other purposes, with an amendment (H. Rept. Air Pollution Rule has no legal force or effect, and 112–223). Pages H6454–55 directs EPA to continue to apply Clean Air Inter- Speaker: Read a letter from the Speaker wherein he state Rule (CAIR) for at least 3 years until after the appointed Representative Dold to act as Speaker pro study in the underlying bill is complete. The amendment also requires that the proposed Utility tempore for today. Page H6417 Maximum Achievable Control Technology (MACT) Chaplain: The prayer was offered by the guest chap- rule has no legal force and effect and that any subse- lain, Reverend Dr. Charley Hames, Jr., Beebe Me- quent Utility MACT rule be issued no sooner than morial Cathedral, Oakland, California. Page H6417 1 year after the study in the underlying bill is com- Transparency in Regulatory Analysis of Impacts plete. If reissuing the rule, EPA is required to ensure on the Nation Act of 2011: The House passed that MACT standards are achievable in practice and H.R. 2401, to require analyses of the cumulative and that the compliance period is at least 5 years (by a

VerDate Mar 15 2010 23:56 May 31, 2012 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D23SE1.REC D23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 23, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D1019 recorded vote of 234 ayes to 188 noes, Roll No. vision of NR 2401, which would reduce funding to 737); and Pages H6431–34, H6442–43 the Diesel Emission Reductions Act (by a recorded Latta amendment (No. 11 printed in H. Rept. vote of 181 ayes to 237 noes, Roll No. 739). 112–213) that updates the Clean Air Act’s criteria Pages H6435, H6444 for what factors can be considered when promul- H. Res. 406, the rule providing for consideration gating National Ambient Air Quality Standards of the bill, was agreed to yesterday, September 22nd. (NAAQS). Specifically, it allows the EPA Adminis- trator to consider feasibility and cost when setting Meeting Hour: Agreed that when the House ad- these standards, which would negate the effect of a journs today, it adjourn to meet at 12 noon on Mon- 2001 Supreme Court ruling that held implementa- day, September 26th, and further when the House tion costs cannot be considered when setting adjourns on that day, it shall meet at 11 a.m. on NAAQS (by a recorded vote of 227 ayes to 192 Thursday, September 29th. Page H6447 noes, Roll No. 738). Pages H6434–35, H6443–44 Senate Message: Message received from the Senate Rejected: today appears on page H6426. Welch amendment (No. 1 printed in H. Rept. 112–213) that sought to add the Chair of the Coun- Quorum Calls—Votes: One yea-and-nay vote and cil on Environmental Quality, the Secretary of thirteen recorded votes developed during the pro- Health and Human Services, as well as the Director ceedings of today and appear on pages H6436–37, of the Centers for Disease Control and Prevention, H6437–38, H6438, H6439, H6439–40, H6440, among others, to the interagency council that this H6440–41, H6441–42, H6442, H6442–43, bill would create. Additionally, the amendment H6443–44, H6444, H6445–46 and H6446. There would have directed the committee to look at im- were no quorum calls. portant health impacts on the most vulnerable sub- Adjournment: The House met at 9 a.m. and ad- populations that would be affected by EPA’s pro- journed at 2:25 p.m. posed rules (by a recorded vote of 173 ayes to 236 noes, Roll No. 728); Pages H6420–22, H6436–37 McNerney amendment (No. 2 printed in H. Rept. Committee Meetings 112–213) that sought to add the effect on clean en- ergy jobs and clean energy companies, including ARLINGTON CEMETERY those that export clean energy technology, to the items to be considered in the analyses required by Committee on Armed Services: Subcommittee on Mili- the bill (by a recorded vote of 184 ayes to 229 noes, tary Personnel and Subcommittee on Oversight and Roll No. 729); Pages H6422, H6437–38 Investigations held a joint hearing on Arlington Capps amendment (No. 4 printed in H. Rept. Cemetery Reforms. Testimony was heard from Major 112–213) that sought to require the Committee to General William McCoy, Deputy Inspector General, include in its analyses an estimate of the incidence U.S. Army; Katheryn A. Condon, Executive Direc- of birth and developmental defects and infant mor- tor, Arlington National Cemetery; and Patrick tality that would result from a delay to covered rules Hallinan, Superintendant of Arlington National and covered actions under the bill (by a recorded Cemetery. vote of 195 ayes to 221 noes, Roll No. 731); Pages H6423–25, H6438–39 INCREASE IN DRUG SHORTAGES Hastings (FL) amendment (No. 7 printed in H. Rept. 112–213) that sought to exclude from the Committee on Energy and Commerce: Subcommittee on Committee’s jurisdiction all rules and regulations Health held a hearing entitled ‘‘Examining the In- that undergo a cost-benefit analysis as a part of ex- crease in Drug Shortages.’’ Testimony was heard isting regulatory requirements (by a recorded vote of from Howard K. Koh, Assistant Secretary for 165 ayes to 254 noes, Roll No. 734); Health, Department of Health and Human Services; Pages H6427–28, H6440–41 and public witnesses. Connolly amendment (No. 8 printed in H. Rept. 112–213) that sought to require the committee to SOLYNDRA study policies which will lead to creation of Amer- Committee on Energy and Commerce: Subcommittee on ican jobs in the clean energy sector (by a recorded Oversight and Investigations held a hearing entitled vote of 186 ayes to 232 noes, Roll No. 735); and ‘‘From DOE Loan Guarantee to Bankruptcy to FBI Pages H6428–29, H6441–42 Richardson amendment (No. 12 printed in H. Raid: What Solyndra’s Executives Knew.’’ Testimony Rept. 112–213) that sought to strike the offset pro- was heard from public witnesses.

VerDate Mar 15 2010 23:56 May 31, 2012 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\SEPT\D23SE1.REC D23SE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D1020 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 2011 COLUMBIA, PANAMA, AND SOUTH KOREA DEPARTMENT OF HOMELAND SECURITY FREE TRADE AGREEMENT RELOCATION PROJECT Committee on Foreign Affairs: Full Committee held a Committee on Transportation and Infrastructure: Sub- hearing entitled ‘‘Job Creation Made Easy: The Co- committee on Coast Guard and Maritime Transpor- lumbia, Panama, and South Korea Free Trade Agree- tation held a hearing entitled ‘‘Review and Status of ment.’’ Testimony was heard from public witnesses. the Multi-Billion Dollar Department of Homeland Security Relocation Project in Washington, D.C. and AMERICAN SAMOA AND THE its Impacts on the U.S. Coast Guard.’’ Testimony COMMONWEALTH OF THE NORTHERN was heard from Donald Bathurst, Chief Administra- MARIANA ISLANDS tive Officer, Department of Homeland Security; Vice Committee on Natural Resources: Subcommittee on Admiral John Currier, Deputy Commandant for Mis- Fisheries, Wildlife, Oceans, and Insular Affairs held sion Support, U.S. Coast Guard; Robert A. Peck, a hearing to review the impact of minimum wage Commissioner, Public Buildings Service, General increases in American Samoa and the Commonwealth Services Administration. of the Northern Mariana Islands. Testimony was SOCIAL SECURITY DISABILITY PROGRAMS heard from Anthony Babauta, Assistant Secretary of the Interior for Insular Affairs, Department of the Committee on Ways and Means: Subcommittee on So- Interior; Togiola Tulafono, Governor, American cial Security and Subcommittee on Human Re- Samoa; David Gootnick, Director, International Af- sources held a joint hearing on work incentives in fairs and Trade, Government Accountability Office; Social Security disability programs. Testimony was and public witnesses. heard from Robert R. Williams, Associate Commis- sioner, Office of Employment Support Programs, So- DEPARTMENT OF DEFENSE cial Security Administration; and Dan Bertoni, Di- Committee on Oversight and Government Reform: Sub- rector, Education, Workforce, and Income Security committee on Government Organization, Efficiency Issues, Government Accountability Office. and Financial Management held a hearing entitled ‘‘The Department of Defense: Challenges in Finan- Joint Meetings cial Management.’’ Testimony was heard from Mark No joint committee meetings were held. Easton, Deputy Chief Financial Officer, Department f of Defense; Daniel Blair, Deputy Inspector General for Auditing, Department of Defense, Office of In- CONGRESSIONAL PROGRAM AHEAD spector General; and Asif Khan, Director of Finan- Week of September 26 through October 1, 2011 cial Management and Assurance, Government Ac- countability Office. Senate Chamber Monday, POLAR WEATHER SATELLITE PROGRAM On at 4:30 p.m., Senate will resume con- sideration of the motion to concur in the amend- Committee on Science, Space, and Technology: Sub- ment of the House of Representatives to the amend- committee on Investigations and Oversight and Sub- ment of the Senate to H.R. 2608, Continuing Ap- committee on Energy and Environment held a joint propriations, with Reid Amendment No. 656, with hearing entitled ‘‘From NPOESS to JPSS: An Up- a vote on the motion to invoke cloture on the mo- date on the Nation’s Restructured Polar Weather tion to concur at 5:30 p.m. Satellite Program.’’ Testimony was heard from Kath- During the balance of the week, Senate may con- ryn Sullivan, Assistant Secretary of Commerce for sider any cleared legislative and executive business. Environmental Observation and Prediction and Dep- uty Administrator, National Oceanic and Atmos- Senate Committees pheric Administration; Christopher Scolese, Associate (Committee meetings are open unless otherwise indicated) Administrator, National Aeronautics and Space Ad- No meetings/hearings scheduled. ministration; and David A. Powner, Director, Infor- mation Technology Management Issues, Government House Committees Accountability Office. No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3:30 p.m., Monday, September 26 12 noon, Monday, September 26

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 4:30 p.m.), Sen- ate will resume consideration of the Reid Motion to con- cur in the amendment of the House of Representatives to the amendment of the Senate to H.R. 2608, Continuing Appropriations, with Reid Amendment No. 656, with a vote on the motion to invoke cloture on the motion to concur at 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Foxx, Virginia, N.C., E1707 Pascrell, Bill, Jr., N.J., E1712 Garrett, Scott, N.J., E1714 Paulsen, Erik, Minn., E1711 Austria, Steve, Ohio, E1718 Gerlach, Jim, Pa., E1710 Petri, Thomas E., Wisc., E1708 Bartlett, Roscoe G., Md., E1705 Higgins, Brian, N.Y., E1711 Poe, Ted, Tex., E1704, E1722 Bishop, Sanford D., Jr., Ga., E1718 Himes, James A., Conn., E1719 Polis, Jared, Colo., E1704 Blackburn, Marsha, Tenn., E1708, E1714, E1716, E1722 Holt, Rush D., N.J., E1703 Reichert, David G., Wash., E1718 Blumenauer, Earl, Ore., E1702 Hoyer, Steny H., Md., E1705 Reyes, Silvestre, Tex., E1717 Bonner, Jo, Ala., E1699 Inslee, Jay, Wash., E1716, E1721 Rogers, Harold, Ky., E1699 Bono Mack, Mary, Calif., E1717 Kucinich, Dennis J., Ohio, E1700, E1702, E1703, E1705, Rokita, Todd, Ind., E1701 Boustany, Charles W., Jr., La., E1711 E1706, E1708, E1709, E1721 Rooney, Thomas J., Fla., E1704 Bucshon, Larry, Ind., E1699 Larsen, Rick, Wash., E1714 Ryan, Paul, Wisc., E1718 Burgess, Michael C., Tex., E1700 Lee, Barbara, Calif., E1710 Ryan, Tim, Ohio, E1719 Burton, Dan, Ind., E1702, E1707 Levin, Sander M., Mich., E1703, E1715 Sarbanes, John P., Md., E1706 Carson, Andre´, Ind., E1702 Lipinski, Daniel, Ill., E1710 Scott, Tim, S.C., E1721 Cleaver, Emanuel, Mo., E1712 McCotter, Thaddeus G., Mich., E1705, E1710 Thompson, Mike, Calif., E1709 Coble, Howard, N.C., E1708 Maloney, Carolyn B., N.Y., E1716 Tiberi, Patrick J., Ohio, E1711 Coffman, Mike, Colo., E1718 Marchant, Kenny, Tex., E1701, E1715 Tipton, Scott R., Colo., E1711, E1713, E1715 Cohen, Steve, Tenn., E1721 Matsui, Doris O., Calif., E1709, E1714 Van Hollen, Chris, Md., E1715 Conyers, John, Jr., Mich., E1713 Michaud, Michael H., Me., E1707 Visclosky, Peter J., Ind., E1699 Costello, Jerry F., Ill., E1704 Moran, James P., Va., E1704 Waxman, Henry A., Calif., E1703 Dingell, John D., Mich., E1700 Myrick, Sue Wilkins, N.C., E1705 Wilson, Frederica S., Fla., E1717 Fincher, Stephen Lee, Tenn., E1707 Norton, Eleanor Holmes, D.C., E1713 Wolf, Frank R., Va., E1701, E1712, E1719

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