5196 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 SENATE—Wednesday, April 6, 2011

(Legislative day of Tuesday, April 5, 2011)

The Senate met at 9:30 a.m., on the SCHEDULE Every time we have agreed to meet in expiration of the recess, and was called Mr. REID. Madam President, last the middle, they have moved where the to order by the Honorable KIRSTEN E. night we were finally able to arrive at middle is. They said no when we met GILLIBRAND, a Senator from the State an agreement on the small business them halfway, and now they say: It is of New York. jobs bill—or at least a way to get rid of our way or the highway. That is no way to move forward. some very important amendments that PRAYER People ask: Why is this so difficult? we will vote on around 4 o’clock this They ask: Can’t you just get it done? I The Chaplain, Dr. Barry C. Black, of- afternoon. There will be seven rollcall understand how they feel, and I share fered the following prayer: votes. their frustrations, but this is why it is Let us pray. This morning, there will be a period so tough. It is like trying to kick a Merciful Father, who put into our of morning business until 11 a.m., with field goal and the goalposts keep mov- hearts such deep desires that we can- the time until 10:40 a.m. equally di- ing. not be at peace until we rest in You, vided and controlled between the ma- The Democrats’ bottom line has not remove from our lives anything that jority and the Republicans. The major- changed. The Republicans’ bottom line would seek to separate us from You. ity will control the first half and the hasn’t stayed still. Our bottom line Lord, lead our lawmakers to make Republicans will control the final half. hasn’t changed because our priorities courageous decisions based upon con- At 10:40 a.m., Senator AYOTTE will give have not changed. We all want to lower science and duty. May they refuse to her maiden speech to the Senate. the deficit. But Democrats will not sac- do anything that threatens the long- f rifice seniors’ retirement security, term security of this Nation, as they women’s health, our children’s edu- strive to follow the right path as You BUDGET NEGOTIATIONS cation, or our Nation’s veterans. The give them the light to see it. Give them Mr. REID. Madam President, as the cuts we make have to be smart cuts, wisdom and courage for the living of deadline looms, our budget negotia- and those aren’t smart. They are rad- these days. Impart Your wisdom so tions continue nonstop. The Speaker ical. We want an agreement that is rea- they will know what to do and bestow and I met with the President yesterday sonable and responsible. Your courage so they will possess the morning, and we met with one another I wish I could say the same about resolve to act on what they believe. yesterday afternoon. As in any ongoing those on the other side of the negoti- We pray in Your sovereign Name. negotiation, the status of those talks is ating table. They forget that not one of Amen. constantly evolving, but I will give the those people led us into a recession, f Senate a snapshot of where we stand at and punishing seniors, women, chil- dren, and veterans will not lead us to a PLEDGE OF ALLEGIANCE this moment in time. The bottom line has always been the recovery. Their budget would cost The Honorable KIRSTEN E. GILLI- same, and it is this: We want to avoid 700,000 jobs and slow economic growth. BRAND led the Pledge of Allegiance, as a shutdown. We want to pass a budget It would take us backward, not for- follows: that makes smart cuts—cuts that save ward. That is as counterproductive as I pledge allegiance to the Flag of the money but that don’t cost jobs. This it comes. The point of this entire exer- cise is to help the economy. Democrats United States of America, and to the Repub- has been our bottom line throughout won’t stand for a budget that weakens lic for which it stands, one nation under God, this process. So we have made some indivisible, with liberty and justice for all. it. tough choices. We have made those Our bottom line—our strongest de- The PRESIDING OFFICER. The choices because we know at this late clerk will please read a communication sire to reach an agreement—hasn’t stage of the game reality is more im- changed because our willingness to to the Senate from the President pro portant than ideology. We know sac- tempore (Mr. INOUYE). compromise hasn’t changed. We long rifices are the cost of consensus, and ago accepted the reality that getting The assistant legislative clerk read we think they are worth it. Our bottom the following letter: something done means not getting 100 line hasn’t changed because our objec- percent of what we want. We long ago U.S. SENATE, tive hasn’t changed. We want to keep PRESIDENT PRO TEMPORE, accepted the fact that the only way to the country running and keep the mo- reach consensus between a Democratic Washington, DC, April 6, 2011. mentum of an economic recovery that To the Senate: Senate and a Republican House is to Under the provisions of rule I, paragraph 3, is creating jobs. compromise. of the Standing Rules of the Senate, I hereby I wish I could say the same about I wish I could say the same about appoint the Honorable KIRSTEN E. GILLI- those on the other side of the negoti- those on the other side of the negoti- BRAND, a Senator from the State of New ating table. The Republicans’ bottom ating table. The Republicans have de- York, to perform the duties of the Chair. line has changed at almost every turn. manded a budget that can pass with DANIEL K. INOUYE, First, Republicans refused to negotiate only Republican votes. Instead of seek- President pro tempore. until we tried it their way. We gave the ing a bipartisan budget, they are ac- Mrs. GILLIBRAND thereupon as- reckless House-passed proposal a vote. tively seeking the opposite. sumed the chair as Acting President The Senate resoundingly rejected it. The Republican leadership has the pro tempore. Then, once talks began, Republicans tea party screaming so loudly in their f staked out their position. They asked right ear that they can’t hear what the for $73 billion in cuts. When we said: vast majority of the country demands. RECOGNITION OF THE MAJORITY Let’s meet in the middle, they said no. The country demands that we get this LEADER Then we said: In the interest of getting done. As I have said before, the biggest The ACTING PRESIDENT pro tem- this done, we will agree to your num- gap in these negotiations isn’t between pore. The majority leader is recog- ber, and they still said no. Republicans Democrats and Republicans; it is be- nized. refused to take yes for an answer. tween Republicans and Republicans. So

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

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That is Henry Clay served in both Houses of Street reform, which I know is near why leading consumer advocacy groups Congress, in the House and in the Sen- and dear to the Senator from New support my amendment and oppose ate. He actually held the same seat the York, who represents Wall Street. this $40 billion delay which has been Republican leader now holds. He was a I do believe what Congress achieved suggested in the amendment that is Senator from Kentucky. He also held last year on Wall Street reform was being offered. the same gavel Speaker BOEHNER now wise not only for our Nation but also to Last year, when we passed landmark holds at three different times. Henry avoid the possibility of another reces- legislation to reform the debit card Clay served as Speaker of the House, I sion. There are many financial institu- swipe fees that are enriching Wall repeat, on three separate occasions. In tions across the United States, includ- Street banks and crushing businesses his esteemed career, he earned the ing New York, but the fact is, many of and consumers on Main Street, they nickname ‘‘The Great Compromiser.’’ their practices led us into the recession started organizing to repeal. So Henry Clay knew what he was talk- we are now experiencing. For years, the banking industry has ing about when he said: It was quite a battle last year. Sen- been engaged in a collusive practice. All legislation is founded upon the prin- ator Chris Dodd of Connecticut, now Banks have let the Visa and ciple of mutual concession. retired, led the battle on the floor of MasterCard monopoly credit card com- the Senate to try to make sure we had This legislation—this budget—is no panies fix the interchange fee rates the necessary oversight and balance exception. But it is important to re- that banks receive from merchants when it came to our financial institu- member that the most important word each time a debit card is swiped. The tions to avoid the likelihood of another in that quote isn’t ‘‘concession,’’ it is so-called swipe fee is the fee the banks recession. The banks fought back, but ‘‘mutual.’’ get, but they don’t set the fees, the in the end we prevailed and Senator We all have a responsibility to be credit card companies set them. This is Dodd passed the measure here in the reasonable, which brings me to the sec- unregulated price fixing by the VISA Senate, and it was passed in the House ond piece of advice: To everything and MasterCard duopoly on behalf of of Representatives under the leadership there is a season. To paraphrase a pas- thousands of banks, primarily the big- of Congressman BARNEY FRANK of Mas- sage we all know well, a passage much gest banks in America. The same banks sachusetts and signed by the President. older than the old statesman Henry we bailed out are now coming back It really gave us a chance to move for- Clay, there is a time to campaign and here and saying don’t cut into our prof- ward with oversight, regulation and re- a time to govern. There is a time to be its, don’t in any way reform or change form on Wall Street. partisans and a time to be partners. We the interchange fee that affects mer- It was signed last July by the Presi- stand here with less than 72 hours on chants, retailers, or consumers. dent, but many of the most important Incidentally, when the Federal Re- the clock. It is time to get to work. It elements of the Dodd-Frank bill will serve took a look at the interchange is time to get the job done. This is the not go into effect until July 21 of this fee that we pay every time we use a season for action. year. Several of them are very impor- debit card, for example, it averages Will the Chair now announce morn- tant to America and important to me about 40 cents. The actual cost of using ing business, please. as an individual because as a Senator I the debit card: less than 12 cents. So f offered an amendment to this bill. It what they are doing is imposing this RESERVATION OF LEADER TIME was a controversial amendment and, fee on every transaction in every place for the banks, an expensive amend- across America. This is unregulated The ACTING PRESIDENT pro tem- ment. For the Wall Street banks and price fixing by VISA and MasterCard. pore. Under the previous order, the credit card companies, the interchange It is a sweetheart deal for the banks, leadership time is reserved. fee amendment, which I introduced and too. According to the Federal Reserve, f passed with 64 votes—17 Republicans banks make about $1.3 billion each and 47 Democrats—was an amendment month, as I mentioned, in debit inter- MORNING BUSINESS which will cost the biggest banks and change fees and the fee rates keep The ACTING PRESIDENT pro tem- credit card companies in this country a going up even though the cost of proc- pore. Under the previous order, the portion of the up to $1.3 billion a essing continues to drop. Senate will be in a period of morning month they collect in debit inter- Last year, Congress decided we business until 11 a.m., with Senators change fees. Imagine that. In any given should place some reasonable limits on permitted to speak therein for up to 10 year, $15 billion or $16 billion is being VISA and MasterCard. We did this to minutes each, with the time until 10:40 collected by these banks through credit ensure that they cannot use their mar- a.m. equally divided and controlled be- cards from merchants, retailers, and ket power and price-fixing ability to tween the two leaders or their des- consumers all across America. funnel excessive fees to the Nation’s ignees, with the majority controlling From the moment that bill was biggest banks. Congress said if VISA the first half and the Republicans con- signed into law, these Wall Street and MasterCard are going to continue trolling the final half, with the Senator banks and credit card companies have fixing interchange rates that mer- from New Hampshire, Ms. AYOTTE, rec- been involved in an all-out, nonstop chants pay banks, the rates ought to be ognized at 10:40 a.m. campaign to repeal the law. Now, they reasonable and proportional to the ac- The Senator from Illinois. can’t just flat-out repeal it because tual cost of processing the transaction. Mr. DURBIN. Madam President, it is they know that looks a little too obvi- It is a narrowly targeted reform and we my understanding that the Democrats ous. So instead, what they are calling made a major exemption of small have the first half of morning business. for is postponement—just postpone it banks and credit unions. If they had as- The ACTING PRESIDENT pro tem- for 2 years while they study it. That is sets of less than $10 billion, they were pore. The Senator is correct. their argument. They believe we need exempt. You wouldn’t know that. They Mr. DURBIN. I ask unanimous con- to look into this a little more closely. are acting as if this is going to apply to sent to be recognized in morning busi- Well, the record suggests they are not them. I recommend they read the law, ness. after a study. They are after $1.3 bil- which specifically exempts them.

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They Federal Reserve researchers are not to death but many studies have already don’t like a study that says inter- the only ones who have studied inter- been done. There were at least seven change fee reform is good for con- change fees. congressional hearings specifically on sumers. In 2006 the Antitrust Law Journal interchange fees before we passed the The Boston Federal Reserve did a published an article by Alan Frankel amendment. I chaired one of them. An- study in 2010 and found on average and Allan Shampine called ‘‘The Eco- other two hearings on interchange fees every year, each cash-using household nomic Effects of Interchange Fees.’’ have been held since the amendment pays $149 to card-using households. This article found that the inter- became law. There were also at least The studies go on and on. I will put change fee ‘‘acts much like a sales tax, three different GAO studies on inter- them in the RECORD. I see several of but it is privately imposed and col- change fees prior to the amendment’s my colleagues on the floor, but I want lected by banks, not the government. passage. It is not as if this matter has to make one other point as well. When- It significantly and arbitrarily raises not been studied; it has been. ever I talk about Wall Street banks prices based not on technologically and That is not all. Economists and pay- and the credit card companies and the competitively determined costs, but ment systems experts at the Federal costs associated with debit card fees through a collective process.’’ Reserve have been studying inter- charged to American consumers and re- And in March 2010, Albert Foer, change fees for years. They have put tailers, the first thing I hear is: There president of the American Antitrust out at least 10 significant reports. Do he goes again, defending Walmart. Institute, published a study that found we need another study? There is no question about it, the following: One of them was the January of 2010 Walmart is the largest retailer in Governments around the world have been study by Fumiko Hayashi, a senior America. When it comes to the use of taking actions to eliminate or severely re- economist at the Federal Reserve Bank credit and debit cards, I am certain duce interchange fees based on studies and in Kansas City. She did an inter- they have a larger volume of sales from investigations that clearly establish that that than any other. But let’s do some these fees are abuses of market power. More- national comparison of interchange over, the results demonstrate that inter- fees in the United States and 12 other comparison here for a moment. Accord- change fee regulation works. Despite the countries. Listen to what she found: ing to Forbes.com, in 2010, Walmart, protests of MasterCard and Visa and their ‘‘In general, the United States has the the largest retailer in America, had $17 giant card-issuing banks, mandated inter- highest debit card interchange fees’’ billion in profits. change fee reductions have increased com- and that ‘‘the United States has the I ask unanimous consent for 2 addi- petition in foreign payment card markets highest interchange fees for both credit tional minutes. and have benefitted consumers through and debit cards among the 13 countries The ACTING PRESIDENT pro tem- lower prices. where adoption and usage of payment pore. Without objection, it is so or- In short, there have been a large cards are well advanced.’’ dered. number of studies done about inter- I can see why the banks and credit Mr. DURBIN. They had $17 billion in change fees. And this does not count card companies want to ignore that profits and a 4-percent profit margin. the enormous amount of research, in- study. Americans are paying more That sounds like a lot and it is, but not formation collection, and analysis that every time they use plastic than any compared to the big banks. JPMorgan the Fed has done since my amendment other of 13 of the largest nations in the Chase, one of the largest issuers of was enacted last July. world that use credit and debit cards. debit cards, had $17.4 billion in profits The problem from the perspective of Do you know what the debit fee is in last year. That is more than Walmart, Visa, MasterCard and the big banks is Canada, from VISA and MasterCard? incidentally. And their profit margin that they simply don’t like what these Zero—40 cents a transaction for the wasn’t 4 percent like Walmart, it was studies have found. So they pretend United States of America, God bless 15 percent. these studies never happened and call them for treating us so kindly; zero for This is the same Chase that has said for new ones where they are guaran- Canada. Why? Because the Canadian any regulation of interchange fees will teed a more industry-friendly outcome. Government spoke up for retailers, force them to raise fees on consumers. It is obvious that their calls for more merchants, and consumers, and said One of the most profitable banks in study are an effort to delay reform in- stop this. It is price fixing. Now we America threatens consumers that if definitely. The big banks will do any- have done the same and the Wall they cannot charge the interchange thing to prolong the status quo and to Street lobby and the credit card lobby fees they want to charge, they are keep collecting $1.3 billion per month are coming down here hitting hard to going to raise fees on consumers. Isn’t in excessive debit swipe fees. repeal this interchange fee reform. that great? ‘‘Your money or your life,’’ I want to further address another ar- There was another comprehensive when it comes to Chase. Chase has gument that has been raised recently. study, a 2009 paper put forward by the more profits than Walmart and a 15- Some have argued that we should not Federal Reserve’s Divisions of Re- percent profit margin. follow through with interchange re- search and Statistics entitled ‘‘Inter- For the record, let me go back and form because it will only benefit big change Fees and Payment Card Net- discuss a few more of the studies that box retailers. Of course, this is not works: Economics, Industry Develop- have already been done on interchange true. Swipe fees impact retailers of all ments, and Policy Issues.’’ This study fees. For example, Terri Bradford of sizes, from the smallest mom-and-pop analyzed the structure and economic the Kansas City Fed published a report stores to the largest retail chains. theory behind the interchange system entitled ‘‘Developments in Interchange They also affect universities, charities, and discussed various ways of reform- Fees in the United States and Abroad.’’ government agencies—everyone who ing the system. This report, which was published in accepts plastic as a form of payment. Then there was a 2008 paper by James 2008, said the following: And they affect all consumers, who pay McAndrews and Zhu Wang of the Kan- While regulation of interchange fees is still higher prices at retail because of the sas City Fed on the economics of the just a point of discussion in the United cost that swipe fees add to every trans- States, regulation abroad is a reality. In payment card markets. Their study about 20 countries, public authorities have action. found, incidentally, that ‘‘privately de- taken actions that limit the level of inter- But many still like to portray this termined card pricing, adoption and change fees or merchant discount fees. Many debate as a struggle between the banks usage tend to deviate from the social of these actions require interchange fees to and card companies versus the big box

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Competition in the Republicans even passed a bill in the card companies are significantly more retail sector will mean consumers will House that would keep the government profitable than the big retailers. benefit through discounts and lower funded through the rest of the current According to Forbes.com, in 2010, prices. Given the large profit margins fiscal year, and which takes an impor- Wal-Mart, the largest retailer in the at the nation’s biggest banks, they will tant first step toward a smaller, more country, had $17 billion in profits and a be able to stay in business once swipe efficient government that helps im- 4 percent profit margin. reform is completed. prove the conditions for private sector Sounds like a lot, right? Well, not In fact, we know that banks and card job growth. compared to the big banks. Last year, companies can continue to offer debit This House bill would save us billions according to Forbes.com, JP Morgan cards profitably with lower inter- of dollars on our way to a conversation Chase, one of the largest issuers of change rates. about trillions. And Congressman RYAN debit cards, had $17.4 billion in prof- They did it before—up until the mid- has done a service this week by setting its—more than Wal-Mart. And Chase’s 1990s, banks used to offer debit cards the terms of that larger debate—by profit margin was a robust 15 percent. with minimal or no interchange in the outlining a plan that puts us back on a This is the same Chase that has said United States. path to stability and prosperity. that any regulation of interchange fees And they are doing it right now in Unfortunately, Democrats have made will force them to jack up fees on con- other countries around the world, a calculated decision that they didn’t sumers. Chase has more profits than where there are thriving debit card in- want to have either debate—so they have taken a pass on both. Wal-Mart and a 15 percent profit mar- dustries with very low or nonexistent Frankly, it is hard not to be struck gin. Why are they pleading poverty and interchange rates. by the contrasting approaches to our threatening their customers with high- I am going to reserve the remainder Nation’s fiscal problems that we have er fees? of my time and let my colleagues take seen in Washington this week. On the Well, what about other giant retail- the floor. I will return on the subject one hand, you have a plan by Congress- ers? How are they doing? Target, the but I remind my colleagues, this man RYAN that every serious person well-known retail chain, had profits of amendment, this effort by the Wall has described as honest and coura- $2.9 billion and a 4.3 percent profit mar- Street banks and credit card companies geous. On the other hand, you have gin last year. Let’s compare that to to repeal interchange fee reform, is a people like the new chairwoman of the Wells Fargo, another giant debit card- $40 billion amendment—$40 billion that Democratic National Committee and issuing bank. Wells Fargo last year had will be transferred to the biggest banks the previous Speaker of the House dis- $12.4 billion in profits and a 13.3 per- in America and credit card companies missing that plan in the most cent profit margin. from consumers across America. We cartoonish language imaginable. Large retailers would love to have did the right thing with interchange While thinking people have seen in the profit margins of the big banks. fee reform. Let’s stand by it and say to the Ryan plan an honest attempt to But they don’t. Last year the largest Wall Street, major card issuers, VISA tackle our problems head on, drug store chain, CVS Caremark, had and MasterCard, they have had enough. ideologues on the left have seen a tar- profits of $3.4 billion and a 3.6 percent They can get a reasonable fee, but not get to distort while offering no vision profit margin. The largest grocery an unreasonable amount out of our of their own to prevent a fiscal night- store company, Kroger, had profits of economy. mare that we all know is approaching. $1.1 billion and only a 1.4 percent profit f And they still haven’t come up with margin. an alternative to the various Repub- RECOGNITION OF THE MINORITY Historically we have seen low profit lican proposals we have seen to keep LEADER margins and intense competition in the the government up and running in the retail sector. According to a June 8, The ACTING PRESIDENT pro tem- current fiscal year. They have just sat 2009, article in Fortune Magazine, Wal- pore. The Republican leader is recog- on the sidelines taking potshots at ev- Mart has only an 11 percent market nized. erything Republicans have proposed share of the retail market, and Target Mr. MCCONNELL. I will proceed on while rooting for a shutdown. has only a 2.3 percent market share. my leader time. That is why the Republicans in the This shows that retail is an intensely f House have now proposed another bill competitive sector. this week that will fund the military THE CONTINUING RESOLUTION Let’s compare that level of competi- for the rest of the year, keep the gov- tion to the debit card industry. This Mr. MCCONNELL. Madam President, ernment operating, and which gets us a past Monday, an article on CNBC.com across the country this morning, little closer to a level of spending that reported that the Visa and MasterCard Americans are wondering what is going even the senior Senator from New York duopoly now control around 90 percent on in Washington this week. They want has called ‘‘reasonable.’’ of the debit card market. to know why it is taking so long to The fact that Democrats are now re- It is pretty profitable to be a duop- fund the government. Americans want jecting this offer, which even members oly. According to Forbes.com, in 2010: to know how we got to this point, and of their own leadership have described Visa had $3.1 billion in profits and a 37 they deserve an answer, so here goes. as ‘‘reasonable’’ is all the evidence you percent profit margin, and MasterCard Each year, the majority party in need that Democrats are more con- had $1.8 billion in profits and a 33 per- Congress is responsible for coming up cerned about the politics of this debate cent profit margin. with a budget plan that explains how than keeping the government running. It must be nice to be a big bank or a they are going to pay for all the things Let’s be clear about something this credit card company these days. Big that government does. It is not just a morning: throughout this entire de- banks and their card network allies are good idea—it is the law. Congress has bate, Republicans have not only said making money hand-over-fist these been required to do it since 1974. that we would prefer a bipartisan days while retailers of all sizes are Last year, Democrat leaders in Con- agreement that funds the government struggling to turn a profit. Rising gress decided they didn’t want to do it. and protects defense spending at a time interchange fees are a key part of this They didn’t want to have to publicly when we have American troops fighting equation. defend their bloated spending and the in two wars. There is a Republican plan It doesn’t have to be this way. If we debt it is creating. So Republicans on the table right now that would do can constrain Visa’s and MasterCard’s have had to come up with temporary just that.

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Democrats can accept that proposal, man WHITFIELD, for fighting against cuts. But what is not open for negotia- or they can reject it. But they can’t this effort by the EPA and moving leg- tion is whether the Federal Govern- blame anyone but themselves if a shut- islation to prevent it in the House. ment is worth keeping open. Parties down does occur. Because they have f must come together. done nothing to prevent it. There is a belief that a shutdown will COLOMBIA TRADE AGREEMENT With the clock ticking, I would once occur only in Washington. Oh, the again encourage our Democratic Mr. MCCONNELL. Madam President, lights will go out in the Washington friends to get on board with this pro- there are some signs today the admin- Monument, maybe a museum will be posal, and to support the kind of spend- istration is beginning to take seriously closed here or there, maybe even a na- ing cuts that the American people have a pending trade agreement with Colom- tional park will be closed here or there. asked for—and that their own leader- bia. Republicans have been urging the Both on the Senate floor, the House ship has already endorsed. administration to act on this critical floor, and even in the media, it is fol- f trade deal for months. This agreement lowed by kind of a snicker or even a would help American businesses com- snarl. How foolish, how they do not un- THE EPA AMENDMENT pete on a level playing field with busi- derstand the functioning of the Gov- Mr. MCCONNELL. Madam President, nesses overseas. It would help create ernment of the United States of Amer- later today, the Senate will vote on an American jobs. And it would help our ica. amendment that one leading newspaper relationship with an important ally in I am afraid the lights will go out. I described last week as one of the best Latin America. am afraid the government agencies will proposals for growth and job creation Hopefully these reports are true, and be shuttered. I am concerned that peo- to make it onto the Senate docket in the President will send this agreement, ple who work on behalf of the Federal years. More specifically, this amend- along with similar agreements related Government as those contractors, ment, which is based on legislation to Panama and South Korea to Con- small- and medium-sized contractors, proposed by Senator INHOFE, would pre- gress soon. This would be some very disabled veteran contractors will not vent unelected bureaucrats at the En- good news for an economy that needs get paid. vironmental Protection Agency from it. I am for cuts. I voted for the Demo- imposing a new national energy tax on I yield the floor. cratic package with over $51 billion in American job creators. The ACTING PRESIDENT pro tem- cuts. In my own appropriations bill, I Everyone knows that this attempt to pore. The Senator from Maryland is reduced agency overhead by 10 percent. handcuff American businesses with new recognized. I cut out lavish conferences and so on by 25 percent. I could eliminate that costs and regulations is the last thing f these job-creators need right now. That year by year. But cuts alone are not a THE BUDGET is why even Democrats in Congress strategy to reduce the deficit. What I do not want is to make sure have sought to secure the same kind of Ms. MIKULSKI. Madam President, I our government will not be funded. exemptions from the law for favored in- rise to the floor to speak in morning There are other ways of doing it, and I dustries in their own States that we business and to comment on the ter- will talk about that more tomorrow, saw others from their party trying to rible situation we find ourselves in. We about how we can actually pay for this, secure for favored constituencies in the are in a terrible situation. The Repub- but today I wish to talk about the con- health care law. lican leader is exactly right, the clock sequences of what we are doing. There Democrats from auto States tried to is ticking on a shutdown. is nobody on the Senate floor talking have the auto industry exempted. And But I have a couple principles as we head into the midnight witching hour about it. I appreciate the minority Democrats from farming States tried leader, but on my side, if nobody is on Friday. First of all, my first prin- to have farmers exempted. going to talk about it, I am going to ciple is no shutdown. Let’s have a What these efforts show, is that talk about it. Democrats themselves recognize the sitdown. Let’s not shut down govern- A possible government shutdown cre- dangers of these EPA regulations. Yet ment and cut off the funding for pri- ates uncertainty in consumer con- instead of just voting for the one vate sector contractors that do busi- fidence and further damages the econ- amendment that solves the problem, ness with the government. Let’s have a omy. Mark Zandi, the chief economist they are hiding behind sham amend- congressional sitdown and arrive at an of Moody’s, says it will damage the ments designed to give them political orderly, rational agreement that does confidence in the economy and could cover. create a more frugal government but result in the loss of 700,000 jobs. Well, Republicans have a better idea—let’s does not torpedo our economy. let me tell you—and everybody says: try to make sure everybody is exempt- But my second principle is, if we shut Oh, well, that is government. I am ed. Let’s not pick winners and losers. down the government and Federal em- going to talk about: Oh, well, that is Let’s let America’s small businesses ployees and contractors do not get government in a minute. and entrepreneurs compete and grow paid, Congress should not get paid. Not But let’s take the private sector. on a level playing field without any only should Congress not get paid, no Let’s take that snickering and snarling more burdensome government regula- back pay, no way. I spoke about the over national parks. Do you know the tions, costs, or redtape. congressional no-pay position yester- national parks—we have 365 of them, 49 The amendment I have offered on be- day. States, 300 million visitors. Do you half of Senator INHOFE would do that. Today, I wish to talk about the con- know those national parks generate The amendment would give busi- sequences of the shutdown. I am 270,000 private sector jobs in camp- nesses the certainty that no unelected against a government shutdown. Shut- grounds, restaurants, gas stations, ven- bureaucrat at the EPA is going to ting down the government breaks faith dors to the national parks. make their efforts to create jobs even with Federal employees, jeopardizes Oh, yes, you can laugh about closing more difficult than the administration our economic recovery, threatens the down Yellowstone, and maybe that is already has. So once again, I thank viability of small- and medium-sized not the explosive thing—270,000 jobs, Senator INHOFE for his strong leader- businesses that do business with the mostly in the West. I did not hear that ship on this issue. He has led the way Federal Government and even threat- the West had such a low unemployment in protecting American jobs from this ens the safety of our families and our rate that they do not give a darn. burdensome proposal with determina- economy. Local communities near national parks tion and common sense. He deserves That is why I am for a congressional will lose $14 million a day. That is the the credit. sitdown, not a shutdown of the Federal national park argument. I also want to thank Chairman Government. Democrats and Repub- Let me go to the contractors. I rep- UPTON and my good friend, Congress- licans should negotiate over spending resent the State of Maryland, where we

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5201 have a lot of contractors. Take the and efficiently. We have the lowest The overarching challenge facing our Goddard Space Agency, 3,000 civil serv- overhead of any ‘‘insurance company’’ country is how we keep our economy ants who do everything from help run in America. But these lights are going competitive. the Hubble telescope and green science, to be shuttered at Social Security, not We cannot compete with India and to figuring out how we can fix the sat- only in Senator BARB’s and Senator China for low-wage manufacturing ellites through robots in the sky. But BEN CARDIN’s State, but it is also going jobs. That is not our future. there are 6,000 contractors—6,000 con- to be shuttered, Madam President, in America’s future is in continuing to tractors. Some of them are small busi- your State. When people want to come be the global leader in science and ness, 8(a) contractors working their to apply for benefits they are eligible technology. America makes the best, way up. for, when people who are disabled want most innovative products and services, Many of them—some of them are to apply for those benefits, they are and that ingenuity and excellence is women. Many of them are veterans going to come to a shuttered Social Se- our chief economic strength as a na- who started small- to medium-sized curity office. They are going to be told tion. businesses. These people, if there is a they are not essential. But we are in danger of losing that government shutdown, will not get Well, then, let’s wait until Monday edge. Science, technology, engineering paid. Hello, colleagues. This is not only morning. Are they not going to come and math, what we call the STEM going to happen in my State, this is to work fired up, ready to work for fields, are the skills that drive innova- going to happen in your State. America, ready to help America be tion. There was a major article in the Wall great again? They are America’s essen- And jobs in the STEM fields are ex- Street Journal yesterday about what tial employees doing the work that pected to be the fastest-growing occu- the shutdown means to the private sec- goes on at NIH, Social Security, the pations of the next decade. However, tor. Well, let’s wake up and let’s move National Institutes of Standards. They not enough students in our country are more quickly to this sitdown. come up with new ideas. pursuing an education in STEM sub- I wish to talk about essential versus Then look at commerce. I represent jects to keep up with the increased de- nonessential. In my State, I represent the great Port of Baltimore. Ships are mand. over 100,000 Federal employees. Three going to come into the port. Who is For those students that do pursue of them are Nobel Prize winners I will going to inspect their cargo? Traffic education in STEM fields, they are talk about in a minute—Nobel Prize coming into airports, who is going to being outperformed by international winners who are civil servants. Those inspect their cargo? competitors. Studies show that by the are not even the gangs at Hopkins and But, oh, no, we are going to tell them end of eighth grade, students in the the University of Maryland. Those are they are nonessential. Well, I am tell- U.S. are 2 years behind their inter- three Nobel Prize winners who are ac- ing you, this is not going to be good. national peers in math. American stu- tual civil servants. But you know what is not good, not dents rank 21st in science and 25th in Under this shutdown we are headed only the consequences but the way we math among industrialized countries. for, they are going to be told they are are functioning. In addition, the U.S. has produced a de- Madam President—hello? Madam nonessential. We have a Nobel Prize clining number of Ph.Ds in science and President. I do not know if my speech winner at NIST who works on the de- engineering compared to the European is not that attention-getting, but can I velopment of new work on laser light. Union and China over the past 3 dec- have your attention? Secretary Chu was his partner. The ACTING PRESIDENT pro tem- ades. It is clear that to remain com- We have a Nobel Prize winner at NIH pore. The Senator has consumed 10 petitive internationally, we must en- who won the Nobel Prize for proteins minutes. courage and strengthen the supply of and cellular communication that could Ms. MIKULSKI. Well, then, my time STEM-trained graduates. lead to a cure for cancer and a Nobel is up. Well, maybe the Senate is not That is why this week Leader REID Prize winner at Goddard in physics. I paying attention, but the American and Senators KLOBUCHAR, KERRY, am not going to call their names; I do people are paying attention. I am tell- BEGICH, COONS and I introduced legisla- not want to feel awkward. But what am ing you, this is a situation of enormous tion, the Innovation Inspiration School I going to do midnight Friday? Am I negative consequence. I think we are Grant Program, which will bolster our going to call these three Nobel Prize going to rue the day at the way we are Nation’s ability to compete in the glob- winners and say: Hey, guys, you are functioning. We need to come to the al economy. nonessential. We know you could be in table, and we need to sit around and My legislation will provide new in- the private sector making millions of act like rational human beings. centives for our schools to think out- dollars, but you are staying here to do I yield the floor. side the box and embrace extra- research to save lives, save the planet, The ACTING PRESIDENT pro tem- curricular and nontraditional STEM and lead to saving our economy. But, pore. The Senator from New Hamp- education programs. It establishes a hey, I guess you are nonessential. shire. competitive grant program that will In other countries, they carry you f encourage schools to partner with the around on their shoulders and so on. private sector, both for financial sup- But here, no, we are told they are non- STEM FIELDS port and to provide mentors who can essential. It is not only Nobel Prize Mrs. SHAHEEN. Madam President, serve as guides and role models to stu- winners, it is all the other people who as Congress and the Obama administra- dents. are working. We are going to turn out tion grapples with how to responsibly I am proud that New Hampshire is the lights at the National Institutes of address our long-term deficit, we need the home to the FIRST Robotics pro- Health. We are going to say to a re- to remember why it is so important to gram. For over a decade, teams of stu- searcher: I know you are working on get on a path to balanced budgets. We dents have been designing robots to that cure for cancer. I know you are need to a dress the long-term deficit compete against one another in re- working on that cure for Alzheimer’s because it is a threat to America’s fu- gional, then national, competitions. On or autism or arthritis—sticking just ture prosperity. It is about economic Monday we hosted FIRST teams from with the ‘‘A’’ words. But you know growth and jobs. That is why the def- Maryland and Virginia who dem- what, Washington, the Congress says, icit matters. The deficit is not just onstrated in the Dirksen building how you are not essential. some math problem where it is solved the robots they designed and built ac- What about Social Security? I have if the numbers add up right. The tually work. It is these kinds of non- over 10,000 people who work at the So- choices we make, which spending pro- traditional STEM programs that make cial Security Administration. You say: grams we cut which tax expenditures a difference in the students’ lives and Well, my God, that is a lot. That is 24/ we eliminate, where we continue to inspire them to continue in STEM ca- 7 to make sure it all functions properly boost investment, matter. reers or postsecondary education.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5202 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 In fact, research shows that 99 per- Wichita State and head coach Gregg I attended a health fair last weekend cent of students who participate in Marshall were not only successful on in Worland, Washakie County, WY, FIRST Robotics graduate high school the court but in the classroom as well. where I had a chance to meet with a and almost 90 percent go on the col- Earlier this year, Coach Hatch and number of folks, including people from lege. And once in college, these stu- Garrett Stutz were named to the 2011 small businesses. First, I wish to con- dents are nearly seven times more like- Missouri Valley Conference Scholar gratulate this body, and specifically ly to major in engineering and twice as Athlete first and honorable mention Senator JOHANNS from Nebraska, for likely to major in computer science. teams, respectively. I congratulate the the repeal of the 1099 form regulations They are also significantly more likely Wichita State University Shockers, which significantly burden small busi- to attain a postgraduate degree. The their head coach Gregg Marshall, the nesses all around the country. data speaks for itself: investments in athletic director Eric Sexton, a good I also come to the floor as someone these sorts of programs matter and friend of mine, and Wichita State Uni- who has practiced medicine and has make a difference. versity president Don Beggs. Don, you been watching the health care law I urge colleagues to join me in sup- are back again, and you certainly did closely. It is one that I believe is bad porting this important legislation that us proud. for patients, bad for providers and will inspire our students to become sci- Specifically, I congratulate each nurses and doctors who take care of entists, engineers, computer program- member of the team for an exemplary the patients, and bad for the American mers and mathematicians. Our coun- season: Gabe Blair, Derek Brown, J.T. taxpayers because I think this is going try’s economic future depends on it. Durley, Aaron Ellis, Jerome Hamilton, to add significantly to our growing I yield the floor. Graham Hatch, Trey Jones, David debt problem. These are things that The ACTING PRESIDENT pro tem- Kyles, Toure Murry, Ehimen Orukpe, need to be addressed. pore. The Senator from Kansas. Joe Ragland, Tyler Richardson, Ben One part of the health care law, the Mr. ROBERTS. Madam President, I Smith, Garrett Stutz, Randall 2,700-page law that was passed, dealt am going to speak for approximately 4 Vautravers, Josh Walker, and Demitric with something called accountable minutes during morning business. I had Williams. care organizations. Those are intended originally intended on 15, but I am If I mispronounced any name, I am to help people coordinate care and have going to do that tomorrow on another terribly sorry. They did not do any- that coordinated care increase people’s subject. If I could be recognized for 4 thing wrong with the tournament in health by early detection of problems minutes, that is my intention. terms of winning the NIT. Congratula- and to help minimize problems but also The ACTING PRESIDENT pro tem- tions to all Shockers basketball fans. pore. Without objection, it is so or- attempt to save money. The coach has made the decision to The six pages of the health care law dered. stay at Wichita State. Good news for Mr. ROBERTS. I thank the Chair. that dealt with accountable care orga- Kansas. Good news for Wichita State, nizations has resulted in the release of f an exemplary action on the part of the regulations on March 31, 429 pages of WICHITA STATE UNIVERSITY coach after a very successful team ef- regulations which have a significant SHOCKERS fort and winning the NIT and then impact on restructuring the way medi- staying at Wichita State University. Mr. ROBERTS. Madam President, I cine is practiced. know it is pretty serious business talk- Good news for Kansas, good news for As I look at this in terms of our ing about a government shutdown and Wichita State, and good news all the growing debt, my concern is that the things of this nature that affect all way around. administration is bragging that the By the way, we will not shut down Americans. I certainly hope we can regulations save Medicare money, the team. They are going to keep on reach some accommodation. I wish to about $960 million total, best care sce- fighting. nario, over a 3-year period. So savings do a little bragging on behalf of my I think the signal there was not four of less than $1 billion, a restructuring home State. quarters and let’s go play hard, but the We are pretty proud of our basketball of the way medicine is being practiced, 4 minutes are up. heritage in Kansas, but I note that we I yield the floor, and I suggest the ab- a savings of less than $1 billion, at a have not received national recognition sence of a quorum. time when Medicare will be spending to the extent I think we should in re- The ACTING PRESIDENT pro tem- over those 3 years over $1.5 trillion, a gards to the recent accomplishment I pore. The clerk will call the roll. savings of less than $1 billion on an ex- wish to highlight. The bill clerk proceeded to call the penditure of over $1.5 trillion. I rise to congratulate the Wichita roll. The other aspect that was so inter- State University Shockers. The Shock- Mr. BARRASSO. I ask unanimous esting in watching this administration ers won the 2011 Men’s National Invita- consent that the order for the quorum is they have come out with a state- tion Tournament in the Big Apple, the call be rescinded. ment about regulations. championship in New York City. In The ACTING PRESIDENT pro tem- The small businesspeople I talked to claiming the championship trophy, pore. Without objection, it is so or- in Worland last weekend at the health Wichita State set the school record dered. fair told me that increased government with 29 victories in the season. Wichita f regulations add to the cost of doing State advanced to the NIT champion- business and make it harder for them ship with four straight wins in the A SECOND OPINION to hire more people. Specifically, it is tournament. They beat the University Mr. BARRASSO. Madam President, I related to increased costs. of Nebraska in the first round, Virginia come to the floor today as a doctor It was interesting to see the adminis- Tech in the second round, the College who has practiced medicine in Wyo- tration saying that an increase in labor of Charleston in the quarter finals, ming for about 25 years. During that demand due to regulations may have a Washington State University in the time I was medical director of some- stimulative effect that results in a net semifinal, and, finally, the University thing called Wyoming Health Fairs increase in overall employment. The of Alabama in the championship game. where we provide employees low-cost administration apparently believes if All of these schools have good basket- blood screening for early detection and we increase the rules and regulations ball teams, and Wichita State came out early treatment of medical problems. on businesses, it will make it better for on top. We know one of the things that was at- them, when they will tell us univer- Graham Hatch was named the NIT’s tempted to be solved with the discus- sally that it will make it worse. most outstanding player and a member sion on health care was to have people Additionally, last Friday night the of the All-Tournament Team, while involved in their own health care deci- Department of Health and Human Garret Stutz was named to the All- sions and early detection, as well as Services released their new next round Tournament Team as well. prevention of disease. of ObamaCare waivers. We have talked

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We administration agrees and grants them American people but yet do not want know the Congress right now is in ne- waivers? to live under themselves. gotiation for a resolution that will This health care law is bad for this So this past weekend, Secretary take us until the end of the fiscal year, country, it is bad for our patients, it is Sebelius added another 128 waivers cov- and it is in an atmosphere in which so bad for our health care providers, and ering another 300,000 Americans to say: many people are worried about our No, for the next year, you get a 1-year it is bad for taxpayers. The union mem- overwhelming debt and the deficit that waiver, you do not have to live under bers who absolutely lobbied for it are would be in the budget that was sub- the mandates of ObamaCare. now saying—now that they have read So now we are at a point where the the bill, now that they know what is in mitted by the President. We now are total number of waivers granted has the law, they are saying they do not trying to cut that budget responsibly. The United States is averaging $4 bil- been over 1,000, covering 2,930,000 peo- want it to apply to them, so much so lion a day in debt. A $1.6 trillion deficit ple. So, wow, what is the breakdown of that one of the unions that has gotten is projected by the end of this year. those people? Who are they? How can a waiver, on their recent Web site, said: That is just the deficit. That is adding they get those waivers? . . . we are . . . challenged by how to im- Well, it is interesting. In this coun- plement the law under prevailing cir- to the debt. Federal spending in 2010 try, where union workers are just a cumstances. was 23.8 percent of gross domestic prod- small percentage of the total work- Well, the prevailing circumstances uct. The CBO, the Congressional Budg- force, 49 percent—almost half—of all of are the law they wanted passed. et Office, predicts it will be 24.7 percent the waivers have been granted to peo- It says: of GDP in 2011. ple who get their insurance through The Trustees of the Fund have no ability As a nation, we must remain com- the unions. to secure additional contributions needed to petitive by reducing Federal spending I just looked at this list that came cover the increased costs of providing these and spurring economic growth in the out, and it is interesting because one of required— private sector. It is jobs in the private the waivers that had been granted for Required by the people on the other sector that will take our economy out 13,000 employees, enrollees, is for the side of the aisle who voted for this— of the doldrums where it is now. United Food and Commercial Workers additional benefits. For the sake of the American people, Union. So let’s see what we can find It says: I hope we can come together to stop out about them. If we go to their Web The Trustees are requesting a waiver from the reckless Federal spending. Con- site and go to the area that deals with HHS to preserve the annual benefit limita- tinuing the spending, the borrowing, health care, what it says is this: tion now in place for the part-time plan of and the taxing in Washington will halt benefits to minimize the cost impact of Thanks to your hard work— job creation and triple the debt by the transitioning to the requirements of the re- end of this decade. That is what is pre- This is to people in the union— form act. . . . dicted. Thanks to your hard work over the last Well, what it basically says is that year, Congress passed a health care reform We must make bold cuts where we these folks who want the waiver are can by carefully also prioritizing in- bill that was signed into law by President saying what I have been saying on this Obama. This landmark reform is a hard- vestment in areas of strategic national fought victory for [the United Food and floor since the beginning of the debate: importance. What we need now is for Commercial Workers Union]. . . . that this is going to be bad for tax- the President, the Senate majority Well, wait a second, these are the payers, it is going to drive up the cost leader, and the House Speaker to sit in same people who went in and asked for of care, it is going to drive up the cost a room and not come out until a deal is and got a waiver from the Secretary of of insurance, in spite of the President’s made that has the votes to pass. Health and Human Services—a waiver promise that if we pass this, families I do not want a government shut- so they do not have to live under it. will see premiums drop by $2,100, in down. The consequence of a govern- Now, it is interesting, if you go to spite of the President’s promise that if ment shutdown will be enormous, and this Web site, you can click to other you like your plan, you can keep it. so many people who are talking about things, and what you can find is that What we are seeing, for the people who that as an option, as if it is not a big you can actually watch a video on the proudly lobbied for this, is that they do deal, just do not realize how many lives not want it to apply to them. They re- Web site of the people who just got a it will touch and how hard it is going alize now it is going to cause their waiver—a video of the members of this to make life for so many people—peo- plans to have significant problems. union ‘‘rally and talk about health ple who have depended on benefits, care reform.’’ Oh, the health care they I believe every American ought to be able to have a waiver, every American such as veterans. are rallying for, but they do not want We do not know what will happen in ought to not have to live under this it to apply to them. The Secretary of a government shutdown. We do not health care law. To me, it is Health and Human Services says: That know what will happen to our military unaffordable, it is unmanageable, and I is fine, you can have a waiver. Oh, you because that is not clear. That is what can actually ‘‘see the pictures of believe it is unconstitutional. That is why I come to the floor, as I have every I want to talk about today. [union] members taking action on A government shutdown will put peo- week, with a doctor’s second opinion health care reform.’’ But it is not the ple in peril in many areas, but now we that we must repeal and replace this action of applying for the waiver—a have a situation in which our military, waiver they have just been granted by health care law. Madam President, I yield the floor. our Active-Duty military—almost the Secretary of Health and Human I suggest the absence of a quorum. 90,000 are in Afghanistan, 47,000 in Services. The ACTING PRESIDENT pro tem- Iraq—is put in a position today of now Now it says: pore. The clerk will call the roll. also wondering if their spouses at home Call your members of Congress to thank The bill clerk proceeded to call the with children are going to get their them for passing real reform. roll. paychecks. If we have a government Oh, you are supposed to thank the Mrs. HUTCHISON. Madam President, shutdown that will affect their ability Members of this body for passing some- I ask unanimous consent that the order to pay their mortgages. thing, but then they applied for a waiv- for the quorum call be rescinded. Madam President, let me ask, are er that has been granted for over 13,000 The ACTING PRESIDENT pro tem- there time limits in place? members who get insurance through pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- this program? dered. pore. There is an order to recognize

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Senator AYOTTE for her first speech at tial. That is what ‘‘live free or die’’ caps spending, requires the budget to 10:40 a.m. means. Yet, as I stand here today and balance, and makes it more difficult to Mrs. HUTCHISON. Thank you, as I have heard from so many of my fel- raise taxes. I ask my colleagues on the Madam President. low Granite Staters, we are at a time other side of the aisle to join us in Let me just say that I have intro- when our government has grown so passing this important measure and to duced legislation. I have cosponsors— large and we have become so indebted put this vote to the States for ratifica- CASEY, INHOFE, SNOWE, MURKOWSKI, that the size of our debt threatens the tion. COLLINS, AYOTTE, and HOEVEN. It is the full potential and future of the greatest I appreciate that amending the Con- Ensuring Pay for our Military Act of people and country on Earth. stitution is no light matter, but our 2011. It is very simple. It just ensures ADM Mike Mullen, the Chairman of Founding Fathers could not have an- that in the event of a Federal Govern- the Joint Chiefs of Staff, has said that ticipated how unwilling Members of ment shutdown—which I do not want America’s debt is the greatest national Congress would be to actually pass a to happen and do not support—our security threat we face. That debt now balanced budget and to make fiscally military will be paid. It also will allow stands at a historic level of over $14 responsible decisions. Our Founding anyone who is serving our military—ci- trillion, about half of which is held by Fathers were well aware of the threat vilian defense employees or contrac- other countries. The single biggest for- posed by debt. It was Thomas Jefferson tors who do the food services—to also eign holder of our debt is China, a who wrote: be able to go to work and not have to country which does not share our val- To preserve our independence, we must not worry about what is going to be hap- ues. We are borrowing $4 billion a day, let our rulers load us with perpetual debt. pening back home, especially for those or 40 cents of every single dollar, to We must make our election between econ- omy and liberty, or profusion and servitude. who are serving in harsh conditions fund our ever-expanding government. overseas. In the month of February alone, we In 1997, the Senate came close to get- I so hope we will be able to pass this ran a record monthly deficit of $223 bil- ting its arms around the debt when a bill. I do not want 1 more minute of lion. That $223 billion shortfall—accu- balanced budget amendment failed to stress on our military. The bill is very mulated in just 1 month—puts into per- pass this Chamber by just one vote. At that time, our national debt was a lit- simple, and it is very short and very spective the current spending debate tle over $5 trillion. It has nearly tripled clear: Our military personnel and their we are having in Congress. House Re- since then. Imagine how much stronger support will not be affected by a gov- publicans came up with a plan to cut our Nation would be today had the ernment shutdown. $61 billion for the rest of this fiscal Senate approved a balanced budget I hope I can have more colleagues year, which is an important start. But amendment back then and the States signing up. We have introduced this those cuts only cover a little more adopted it. bill, S. 724, and I hope we can get a vote than a quarter of the deficit we accu- A constitutional amendment requir- on this bill in very short order so this mulated in just 1 month. ing a balanced budget is a key first Yet all I hear from my colleagues on is off the table. step, but getting spending under con- the other side of the aisle is that $61 Madam President, I yield the floor. trol will take a multipronged approach. billion in cuts is extreme. In my view, The ACTING PRESIDENT pro tem- That is why we must also move quickly pore. The Senator from New Hamp- the only thing that is extreme is fail- to pass serious statutory limits on shire. ing to confront the endless flood of red spending. f ink that threatens our economic One of my honorable predecessors strength and threatens our national se- FACING ENORMOUS CHALLENGES from New Hampshire, Warren Rudman, curity. helped author the Gramm-Rudman- Ms. AYOTTE. Madam President, with The debt we owe is so much more Hollings Act to require sequestration humility and a deep sense of reverence than just numbers. This is about us— of funds if Congress failed to act to cut for this body, I rise today to address who we are as Americans—and what spending within deficit targets. Unfor- my colleagues in the Senate. Serving kind of country we want to leave be- tunately, Congress circumvented the in this historic Chamber is truly an hind for our children. My husband Joe law’s provisions by finding loopholes. honor. On this floor, men and women of and I are the proud parents of two chil- While that effort may not have ulti- strong character gather together to dren—Kate, who is 6 years old, and mately succeeded, we should take the continue the unfinished work of build- Jacob, who is 3 years old. I am deter- lessons learned from that experience. ing a more perfect union. mined to keep alive the American We need statutory spending caps with It is an even greater privilege to dream for my children and for all of teeth that Congress cannot easily un- stand here representing the people of our children and for future generations dermine. New Hampshire. A place of distinct in this country. But our addiction to While I realize that this week we are beauty that places a premium on self- spending in Washington threatens that working to pass funding for the rest of governance and informed public dis- dream. I, for one, will not sit by while fiscal year 2011, Congress must do course, New Hampshire reflects the our children become beholden to China. something this year that it failed to do very best of our Nation. Hollow words paying lip service to last year: Pass a budget. Back home in As America faces enormous chal- fiscal responsibility have been used by New Hampshire, people—especially lenges, I am reminded of the words of too many in Congress for far too long. small business owners—are astounded wisdom from one of New Hampshire’s New Hampshire families sit around to learn that our Federal Government revered statesmen, GEN John Stark. their kitchen tables and find ways to is operating right now outside the con- After fighting bravely and heroically in make their family budget work. With fines of a strict budget. Frankly, it is the Revolutionary War, General Stark limited resources, they make hard shameful the last Congress did not ap- gave New Hampshire its treasured choices to distinguish between wants prove a budget for fiscal year 2011. State motto: ‘‘Live Free or Die.’’ This and needs. It is time for our Federal Their failure to act is why we are in famous quote perfectly captures the Government to do the same. the difficult place we find ourselves spirit and character of the people of That is why the first step we should today. Here we are, trying to fund gov- the Granite State. Fiercely inde- take is to pass a balanced budget ernment through a series of patchwork, pendent and strongly protective of our amendment to the Constitution. Al- short-term funding bills. personal freedoms, we place a high pre- most every State in the Nation is re- We need a fiscally responsible budget mium on self-reliance, personal initia- quired to balance its budget, and our that cuts Federal spending and puts us tive, and individual liberty. We believe Federal Government should be no dif- on a path to eliminating our debt alto- strongly that government cannot and ferent. Last week, I was proud to join gether. State governments operate should not be allowed to get in the way with all 46 of my Republican colleagues within a budget, families operate with- of each of us reaching our full poten- in supporting such an amendment that in a budget, small businesses operate

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5205 within a budget, and the Senate should nomic strength and costs us jobs. One maiden speech as an opportunity to ad- not be working on any other legisla- thing is for sure: We cannot spend our dress something that is close to one’s tion until we resolve funding for the way to prosperity. We need look no fur- heart. I extend a warm welcome to her rest of this fiscal year and pass a re- ther than the stimulus package to and to her voice, her intellect, and her sponsible budget for 2012. prove that stubborn fact. passion on issues that we must, on both We have to begin by reviewing every The reality is that government sides of the aisle, work to resolve in program in our government and elimi- doesn’t create jobs. Small businesses order to build a better America and put nating the waste, fraud, and duplica- and entrepreneurs create jobs. What we America back on track. tion we all know is there. We know can do in the Senate is to help create I thank the Chair. there is so much more we can do to the right tax and regulatory conditions f streamline our Federal Government. A to allow our businesses to thrive and CONCLUSION OF MORNING GAO report released in March identi- grow. BUSINESS fied hundreds of redundant programs Despite the circumstances we face, costing us billions of dollars. we are blessed to live in the greatest The ACTING PRESIDENT pro tem- Finally, it is clear we cannot address country in the world. There has never pore. Morning business is closed. our country’s fiscal crisis while con- been a challenge we have not faced and f tinuing to focus on only 12 percent of met and overcome and been better for. spending. That is certainly an impor- SBIR/STTR REAUTHORIZATION ACT When I think of what it will take to OF 2011 tant start—and there is plenty to cut— address the challenges before us, I am but in order to truly get our fiscal reminded of my 95-year-old grand- The ACTING PRESIDENT pro tem- house in order, we must look at the en- father, John Sullivan, who is a World pore. Under the previous order, the tire budget. We must repair our enti- War II veteran and what his generation Senate will resume consideration of S. tlement programs—Medicaid, Medi- went through and what he did. My 493, which the clerk will report. care, and Social Security. grandfather landed on the beaches of The bill clerk read as follows: Entitlement reform should be an Normandy, and he is part of what is A bill (S. 493) to reauthorize and improve issue that brings us all together—Re- known as the ‘‘greatest generation’’ of the SBIR and STTR programs, and for other publicans, Democrats, Independents— purposes. our country. to ensure we keep our promises to Every generation is called upon anew Pending: those who are relying on those pro- to preserve our country. In my view, McConnell amendment No. 183, to prohibit grams, while making sure future gen- this generation’s greatest challenge is the Administrator of the Environmental erations don’t pay for our failure to ad- having the courage and the will to take Protection Agency from promulgating any dress the fiscal reality of these pro- regulation concerning, taking action relat- on and fix our fiscal crisis and get our grams right now. This is certainly an ing to, or taking into consideration the fiscal house in order once and for all. issue that requires Presidential leader- emission of a greenhouse gas to address cli- This is our time to show we have the ship, and I join others in my party in mate change. fortitude and the courage to do what is Vitter amendment No. 178, to require the inviting the President to work across right to preserve the greatest Nation Federal Government to sell off unused Fed- party lines to address this urgent pri- on Earth. eral real property. ority. The American people deserve a I know we can do this, and it is truly Inhofe (for Johanns) amendment No. 161, to substantive, responsible debate on how amend the Internal Revenue Code of 1986 to humbling to have the opportunity to we can preserve these programs in a repeal the expansion of information report- serve in this body at a time when I fiscally sustainable way. We simply ing requirements to payments made to cor- cannot continue to put off making the know leadership and courage will make porations, payments for property and other difficult decisions today and passing all the difference. On behalf of the peo- gross proceeds, and rental property expense them on to the next generation. ple of New Hampshire, I stand ready to payments. fight for our great country and to work Cornyn amendment No. 186, to establish a With our trillion dollar-plus deficits bipartisan commission for the purpose of im- and rapidly accelerating debt, we are with my colleagues on both sides of the aisle to address our fiscal crisis. I re- proving oversight and eliminating wasteful again closing in on our debt ceiling. government spending. Having to repeatedly increase the debt main confident that America’s best Paul amendment No. 199, to cut limit represents a broad failure of lead- days still lie ahead of us. $200,000,000,000 in spending in fiscal year 2011. ership by politicians from both parties. Thank you very much, Madam Presi- Sanders amendment No. 207, to establish a As a new Member of the Senate, I dent. I yield the floor. point of order against any efforts to reduce refuse to perpetuate that cycle. We The ACTING PRESIDENT pro tem- benefits paid to Social Security recipients, pore. The Senator from Kentucky. raise the retirement age, or create private cannot let this moment pass us by, and retirement accounts under title II of the So- I cannot in good conscience raise our Mr. MCCONNELL. Madam President, I wish to congratulate our new col- cial Security Act. debt ceiling without Congress passing Hutchison amendment No. 197, to delay the real and meaningful reforms to reduce league on her initial speech related to implementation of the health reform law in spending. That plan should include a the twin problems we have in this the United States until there is final resolu- balanced budget amendment, statutory country of spending and debt, as well tion in pending lawsuits. spending caps, spending cuts, and enti- as to say to her that it is pretty clear Coburn amendment No. 184, to provide a tlement reform. to all of us that she is a worthy suc- list of programs administered by every Fed- We can no longer afford the status cessor to our good friend Judd Gregg eral department and agency. whose seat she now occupies and who Pryor amendment No. 229, to establish the quo or business as usual in Wash- Patriot Express Loan Program under which ington. The days of spending as though was also a leader in this body—some the Small Business Administration may there is no tomorrow to bring home the would argue the leader in this body—on make loans to members of the military com- bacon must end. The fiscal crisis that the questions of our Nation’s fiscal cri- munity wanting to start or expand small threatens our Union threatens all of sis and how to get it in order. So on be- business concerns. us. We will have to make sacrifices. half of all of our colleagues, I congratu- Landrieu amendment No. 244 (to amend- There will be times when we have to late Senator AYOTTE. ment No. 183), to change the enactment date. put aside our parochial interests and The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- appreciate that the only way we will be pore. The Senator from Oregon. pore. The Senator from Louisiana. able to cut spending is for all of us to Mr. MERKLEY. Madam President, I Ms. LANDRIEU. Madam President, I take shared responsibility and to make also wish to congratulate my colleague ask unanimous consent that Coburn shared sacrifices for the great country from New Hampshire. It is an extraor- amendment No. 281 replace amendment we love. dinary privilege to serve in this Cham- No. 223 in the agreement we reached Make no mistake, out-of-control ber and it is a long tradition of the last evening. This is an updated version spending jeopardizes our Nation’s eco- Chamber to utilize one’s first speech or of Senator COBURN’s amendment.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5206 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 The ACTING PRESIDENT pro tem- the budget, we can be proud to, at some house gases in a quantity of at least 75,000 pore. Without objection, it is so or- point very soon, send this bill with a tons of carbon dioxide equivalent per year; dered. few attached amendments, hopefully— or Ms. LANDRIEU. Madam President, not many but a few—to the President’s ‘‘(ii) an existing major emitting facility that undertakes construction which in- under the previous agreement that was desk for signature. creases the quantity of greenhouse gas emis- reached last evening—and I want to So, again, I thank the Members for sions, or which results in emission of green- thank both leaders, Senators REID and their cooperation, and I suggest the ab- house gases not previously emitted, of at MCCONNELL, for working so hard with sence of a quorum. least 75,000 tons carbon dioxide equivalent Senator SNOWE and me to try to bring I am sorry, Madam President. Let me per year; and our caucuses to conclusion points on take back that request. ‘‘(B) that has greenhouse gas emissions this very important bill, the small AMENDMENTS NOS. 236, 277, 215, 217, 281, 273, AND equal to or exceeding 250 tons per year in business innovation bill, that we have 286 mass emissions or, in the case of any of the Ms. LANDRIEU. Madam President, types of stationary sources identified in sec- been negotiating now for almost 2 tion 169(1), 100 tons per year in mass emis- weeks. It is a very important program under the previous agreement we were able to get to last evening, I call up the sions. that deserves to be reauthorized. ‘‘(3) AGRICULTURAL SOURCES.—In calcu- This bill will reauthorize this impor- amendments I previously cited. lating the emissions or potential emissions tant program for 8 years. We have been The ACTING PRESIDENT pro tem- of a source or facility, emissions of green- operating the last 4 years with 3 pore. The clerk will report. house gases that are subject to regulation months at a time and 6 months at a The bill clerk read as follows: under this Act solely on the basis of the ef- time. Madam President, representing The Senator from Louisiana [Ms. LAN- fect of the gases on global climate change DRIEU] proposes amendments en bloc num- New York, you know that many of shall be excluded if the emissions are from— bered 236, 277, 215, 217, 281, 273, and 286. ‘‘(A) changes in land use; your small businesses have accessed The amendments are as follows: ‘‘(B) the raising of commodity crops, stock, this program, many of your univer- AMENDMENT NO. 236 dairy, poultry, or fur-bearing animals, or the sities, to acquire or to reach cutting- growing of fruits or vegetables; or (Purpose: To prohibit the regulation of edge technologies that not only our ‘‘(C) farms, plantations, ranches, nurseries, greenhouse gases from certain sources) Federal agencies need but taxpayers ranges, orchards, and greenhouses or other At the end, add the following: benefit from directly. similar structures used primarily for the SEC. ll. GREENHOUSE GAS-RELATED EXEMP- This program is a job creator. It is an raising of agricultural or horticultural com- TIONS FROM PERMITTING REQUIRE- modities. innovative program, and it is a job cre- MENTS. ‘‘(c) TITLE V OPERATING PERMITS.—Not- (a) PURPOSES.—The purposes of this section ator. So I appreciate the work our two withstanding any provision of title III or are— leaders have done with Senator SNOWE title V, no stationary source shall be re- (1) to ensure that the greenhouse gas emis- and myself to get us to this agreement. quired to apply for, or operate pursuant to, a sions from certain sources will not require a We will be having seven votes this permit under title V, solely on the basis of permit under the Clean Air Act (42 U.S.C. afternoon. Just to recap, they will be the emissions of the stationary source of 7401 et seq.); and greenhouse gases that are subject to regula- Baucus No. 236, Stabenow No. 277, (2) to exempt greenhouse gas emissions Rockefeller No. 215, Coburn No. 217, tion under this Act solely on the basis of the from certain agricultural sources from per- effect of the greenhouse gases on global cli- Coburn No. 281, Coburn No. 273, which mitting requirements under that Act. mate change, unless those emissions from (b) AMENDMENT.—Title III of the Clean Air is a side-by-side, I think, and Inouye that source are subject to regulation under Act (42 U.S.C. 7601 et seq.) is amended by No. 286. Those have already been this Act.’’. adding at the end the following: agreed to, but, Madam President, our AMENDMENT NO. 277 ‘‘SEC. 329. GREENHOUSE GAS-RELATED EXEMP- challenge is that we have 124 additional TIONS FROM PERMITTING REQUIRE- (Purpose: To suspend, for 2 years, any Envi- amendments that have been filed, most MENTS. ronmental Protection Agency enforcement of which have nothing to do with either ‘‘(a) DEFINITION OF GREENHOUSE GAS.—In of greenhouse gas regulations, to exempt the Small Business Administration or this section, the term ‘greenhouse gas’ American agriculture from greenhouse gas this program. We understand Senators means any of the following: regulations, and to increase the number of are frustrated and want floor time for ‘‘(1) Carbon dioxide. companies eligible to participate in the ‘‘(2) Methane. successful Advanced Energy Manufac- their issues, but taxpayers need this ‘‘(3) Nitrous oxide. turing Tax Credit Program) program that works. ‘‘(4) Sulfur hexafluoride. On page 116, after line 24, add the fol- We are eliminating some programs at ‘‘(5) Hydrofluorocarbons. lowing: the Federal level that don’t work, but ‘‘(6) Perfluorocarbons. SEC. 504. SUSPENSION OF STATIONARY SOURCE this one does. So we need to try to find ‘‘(7) Nitrogen trifluoride. GREENHOUSE GAS REGULATIONS. a way to get it authorized and continue ‘‘(8) Any other anthropogenic gas, if the (a) DEFINED TERM.—In this section, the the good economic numbers we are Administrator determines that 1 ton of the term ‘‘greenhouse gas’’ means— hearing coming out of Treasury and gas has the same or greater effect on global (1) water vapor; other independent think tanks that are climate change as does 1 ton of carbon diox- (2) carbon dioxide; ide. (3) methane; saying jobs are being created. ‘‘(b) NEW SOURCE REVIEW.— (4) nitrous oxide; The recession looks as though it is ‘‘(1) MODIFICATION OF DEFINITION OF AIR (5) sulfur hexafluoride; potentially coming to an end. We are POLLUTANT.—For purposes of determining (6) hydrofluorocarbons; creating net new jobs every month. whether a stationary source is a major emit- (7) perfluorocarbons; and This is a program that supports that. It ting facility under section 169(1) or has un- (8) any other substance subject to, or pro- is a great foundation program based on dertaken construction pursuant to section posed to be subject to, any regulation, ac- cutting-edge research and innovation 165(a), the term ‘air pollutant’ shall not in- tion, or consideration under the Clean Air clude any greenhouse gas unless the gas is that helps small businesses in the Act (42 U.S.C. 7401 et seq.) to address climate subject to regulation under this Act for rea- change. country who are the job creators. sons independent of the effects of the gas on (b) IN GENERAL.—Except as provided in So I ask Members on both sides to global climate change. subsection (d), and notwithstanding any pro- work cooperatively throughout the day ‘‘(2) THRESHOLDS FOR EXCLUSIONS FROM vision of the Clean Air Act (42 U.S.C. 7401 et today. We are going to have a vote on PERMIT PROVISIONS.—No requirement of part seq.), any requirement, restriction, or limi- these seven amendments this after- C of title I shall apply with respect to any tation under such Act relating to a green- noon, as previously agreed to, and we greenhouse gas unless the gas is subject to house gas that is designed to address climate will be considering and trying to work regulation under this Act for reasons inde- change, including any permitting require- with Members on some of their other pendent of the effects of the gas on global ment or requirement under section 111 of climate change or the gas is emitted by a such Act (42 U.S.C. 7411), for any source issues. If we could get a good, strong stationary source— other than a new motor vehicle or a new small business bill agreed to this week ‘‘(A) that is— motor vehicle engine (as described in section and sent over to the House as we re- ‘‘(i) a new major emitting facility that will 202(a) of such Act (42 U.S.C. 7521(a)), shall not solve these very tough negotiations on emit, or have the potential to emit, green- be legally effective during the 2-year period

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5207 beginning on the date of the enactment of tablishes such program to submit applica- (3) any action relating to the provision of this Act. tions. technical support at the request of a State. (c) TREATMENT.—Notwithstanding any ‘‘(ii) SELECTION CRITERIA.—For purposes of (c) TREATMENT.—Notwithstanding any other provision of law, any action by the Ad- paragraph (3)(B)(i), the term ‘domestic job other provision of law, no action taken by ministrator of the Environmental Protection creation (both direct and indirect)’ means the Administrator of the Environmental Agency before the end of the 2-year period the creation of direct jobs in the United Protection Agency before the end of the 2- described in subsection (b) that causes green- States producing the property manufactured year period described in subsection (a) (in- house gases to be pollutants subject to regu- at the manufacturing facility described cluding any action taken before the date of lation under the Clean Air Act (42 U.S.C. 7401 under subsection (c)(1)(A)(i), and the cre- enactment of this Act) shall be considered to et seq.), except for purposes other than ad- ation of indirect jobs in the manufacturing make carbon dioxide or methane a pollutant dressing climate change, shall not be legally supply chain for such property in the United subject to regulation under the Clean Air effective with respect to any source other States. Act (42 U.S.C. 7401 et seq.) for any source than a new motor vehicle or a new motor ve- ‘‘(iii) REVIEW AND REDISTRIBUTION.—The other than a new motor vehicle or new hicle engine (as described in section 202 of Secretary shall conduct a separate review motor vehicle engine, as described in section such Act). and redistribution under paragraph (5) with 202(a) of that Act (42 U.S.C. 7521(a)). (d) EXCEPTIONS.—Subsections (b) and (c) respect to such program not later than 4 AMENDMENT NO. 217 shall not apply to— years after the date of the enactment of this (1) the implementation and enforcement of (Purpose: To save at least $8.5 million annu- the rule entitled ‘‘Light-Duty Vehicle Green- paragraph. ally by eliminating an unnecessary pro- house Gas Emission Standards and Corporate ‘‘(D) 2011 ALLOCATION AMOUNT.—For pur- gram to provide federal funding for covered Average Fuel Economy Standards’’ (75 Fed. poses of this subsection, the term ‘2011 allo- bridges) Reg. 25324 (May 7, 2010) and without further cation amount’ means $5,000,000,000. At the end of title V add the following: revision); ‘‘(E) DIRECT PAYMENTS.—In lieu of any SEC.ll. ELIMINATING THE NATIONAL HISTORIC (2) the finalization, implementation, en- qualifying advanced energy project credit COVERED BRIDGE PRESERVATION forcement, and revision of the proposed rule which would otherwise be determined under PROGRAM. entitled ‘‘Greenhouse Gas Emissions Stand- this section with respect to an allocation to (a) REPEAL.—Section 1224 of the Transpor- ards and Fuel Efficiency Standards for a taxpayer under this paragraph, the Sec- tation Equity Act for the 21st Century (Pub- Medium- and Heavy-Duty Engines and Vehi- retary shall, upon the election of the tax- lic Law 105–178; 112 Stat. 225; 112 Stat. 837) is cles’’ published at 75 Fed. Reg. 74152 (Novem- payer, make a grant to the taxpayer in the repealed. (b) FUNDING.—Notwithstanding any other ber 30, 2010); amount of such credit as so determined. provision of law— (3) any action relating to the preparation Rules similar to the rules of section 50 shall apply with respect to any grant made under (1) no Federal funds may be expended on or of a report or the enforcement of a reporting after the date of enactment of this Act for requirement; or this subparagraph.’’. (b) PORTION OF 2011 ALLOCATION ALLOCATED the National Historic Covered Bridge Preser- (4) any action relating to the provision of TOWARD PENDING APPLICATIONS UNDER ORIGI- vation Program under the section repealed technical support at the request of a State. NAL PROGRAM.—Subparagraph (B) of section by subsection (a); and SEC. 505. GREENHOUSE GAS EMISSIONS FROM 48C(d)(1) of such Code is amended by insert- (2) any funds made available for that pro- AGRICULTURAL SOURCES. ing ‘‘(increased by so much of the 2011 alloca- gram that remain unobligated as of the date In calculating the emissions or potential tion amount (not in excess of $1,500,000,000) of enactment of this Act shall be rescinded emissions of a source or facility, emissions as the Secretary determines necessary to and returned to the Treasury. of greenhouse gases that are subject to regu- make allocations to qualified investments AMENDMENT NO. 281 lation under title III of the Clean Air Act (42 with respect to which qualifying applications U.S.C. 7601 et seq.) solely on the basis of the (Purpose: To save at least $20 million annu- were submitted before the date of the enact- effect of the gases on global climate change ally by ending federal unemployment pay- ment of paragraph (6))’’ after ‘‘$2,300,000,000’’. shall be excluded if the emissions are from— ments to jobless millionaires and billion- (c) CONFORMING AMENDMENT.—Paragraph aires) (1) changes in land use; (2) of section 1324(b) of title 31, United States At the end of title V, add the following: (2) the growing of commodities, biomass, Code, is amended by inserting ‘‘48C(d)(6)(E),’’ fruits, vegetables, or other crops; after ‘‘36C,’’. SEC.ll. ENDING UNEMPLOYMENT PAYMENTS (3) the raising of stock, dairy, poultry, or TO JOBLESS MILLIONAIRES AND AMENDMENT NO. 215 fur-bearing animals; or BILLIONAIRES. (4) farms, forests, plantations, ranches, (Purpose: To suspend, until the end of the 2- (a) PROHIBITION.—Notwithstanding any nurseries, ranges, orchards, greenhouses, or year period beginning on the date of enact- other provision of law, no Federal funds may other similar structures used primarily for ment of this Act, any Environmental Pro- be used to make payments of unemployment the raising of agricultural or horticultural tection Agency action under the Clean Air compensation (including such compensation commodities. Act with respect to carbon dioxide or under the Federal-State Extended Com- methane pursuant to certain proceedings, SEC. 506. EXTENSION OF THE ADVANCED ENERGY pensation Act of 1970 and the emergency un- PROJECT CREDIT. other than with respect to motor vehicle employment compensation program under (a) IN GENERAL.—Subsection (d) of section emissions) title IV of the Supplemental Appropriations 48C of the Internal Revenue Code of 1986 is At the end, add the following: Act, 2008) to an individual whose adjusted amended by adding at the end the following TITLE VI—BUSINESS INCUBATOR gross income in the preceding year was equal new paragraph: PROMOTION to or greater than $1,000,000. (b) COMPLIANCE.—Unemployment Insurance ‘‘(6) ADDITIONAL 2011 ALLOCATIONS.— SEC. 601. SHORT TITLE. applications shall include a form or proce- ‘‘(A) IN GENERAL.—Not later than 180 days This title may be cited as the ‘‘EPA Sta- dure for an individual applicant to certify after the date of the enactment of this para- tionary Source Regulations Suspension the individual’s adjusted gross income was graph, the Secretary, in consultation with Act’’. not equal to or greater than $1,000,000 in the the Secretary of Energy, shall establish a SEC. 602. SUSPENSION OF CERTAIN EPA ACTION. preceding year. program to consider and award certifications (a) IN GENERAL.—Except as provided in (c) AUDITS.—The certifications required by for qualified investments eligible for credits subsection (b), notwithstanding any provi- under this section to qualifying advanced en- (b) shall be auditable by the U.S. Depart- sion of the Clean Air Act (42 U.S.C. 7401 et ment of Labor or the U.S. Government Ac- ergy project sponsors with respect to appli- seq.), until the end of the 2-year period be- cations received on or after the date of the countability Office. ginning on the date of enactment of this Act, (d) STATUS OF APPLICANTS.—It is the duty enactment of this paragraph. the Administrator of the Environmental of the states to verify the residency, employ- ‘‘(B) LIMITATION.—The total amount of Protection Agency may not take any action ment, legal, and income status of applicants credits that may be allocated under the pro- under the Clean Air Act (42 U.S.C. 7401 et for Unemployment Insurance and no federal gram described in subparagraph (A) shall not seq.) with respect to any stationary source funds may be expended for purposes of deter- exceed the 2011 allocation amount reduced by permitting requirement or any requirement mining an individual’s eligibility under this so much of the 2011 allocation amount as is under section 111 of that Act (42 U.S.C. 7411) Act. Effective Date.—The prohibition under taken into account as an increase in the lim- relating to carbon dioxide or methane. subsection (a) shall apply to weeks of unem- itation described in paragraph (1)(B). (b) EXCEPTIONS.—Subsections (a) and (c) ployment beginning on or after the date of ‘‘(C) APPLICATION OF CERTAIN RULES.—Rules shall not apply to— the enactment of this Act. similar to the rules of paragraphs (2), (3), (4), (1) any action under part A of title II of the and (5) shall apply for purposes of the pro- Clean Air Act (42 U.S.C. 7521 et seq.) relating AMENDMENT NO. 273 gram described in subparagraph (A), except to the vehicle emissions standards; (Purpose: To save at least $5 billion by con- that— (2) any action relating to the preparation solidating some duplicative and overlap- ‘‘(i) CERTIFICATION.—Applicants shall have of a report or the enforcement of a reporting ping government programs) 2 years from the date that the Secretary es- requirement; or At the end of title V, add the following:

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5208 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 SEC.ll. CONSOLIDATING UNNECESSARY DUPLI- (1) Social Security is the most successful Ms. LANDRIEU. Madam President, I CATIVE AND OVERLAPPING GOV- and reliable social program in our Nation’s yield the floor, and I suggest the ab- ERNMENT PROGRAMS. history. Notwithstanding any other provision of sence of a quorum. (2) For 75 years, through good times and The ACTING PRESIDENT pro tem- law, not later than 150 days after the date of bad, Social Security has reliably kept mil- enactment of this Act, the Director of the pore. The clerk will call the roll. lions of senior citizens, individuals with dis- The bill clerk proceeded to call the Office of Management and Budget shall co- abilities, and children out of poverty. ordinate with the heads of the relevant de- (3) Before President Franklin Roosevelt roll. partment and agencies to— Mr. SANDERS. Madam President, I (1) use available administrative authority signed the Social Security Act into law on August 14, 1935, approximately half of the ask unanimous consent the order for to eliminate, consolidate, or streamline Gov- the quorum call be rescinded. ernment programs and agencies with dupli- senior citizens in the United States lived in cative and overlapping missions identified in poverty; less than 10 percent of seniors live The ACTING PRESIDENT pro tem- the March 2011 Government Accountability in poverty today. pore. Without objection, it is so or- Office report to Congress entitled ‘‘Opportu- (4) Social Security has succeeded in pro- dered. nities to Reduce Potential Duplication in tecting working Americans and their fami- THE BUDGET Government Programs, Save Tax Dollars, lies from devastating drops in household in- Mr. SANDERS. Madam President, we and Enhance Revenue’’ (GAO–11–318SP) and come due to lost wages resulting from retire- are at a unique and enormously impor- ment, disability, or the death of a spouse or apply the savings towards deficit reduction; tant moment in American history. The (2) identify and report to Congress any leg- parent. islative changes required to further elimi- (5) More than 53,000,000 Americans receive decisions that will be made by the Con- nate, consolidate, or streamline Government Social Security benefits, including 36,500,000 gress and the President in the coming programs and agencies with duplicative and retirees and their spouses, 9,200,000 veterans, days, weeks, and months, will in many overlapping missions identified in the March 8,200,000 disabled individuals and their ways determine how we go forward as a 2011 Government Accountability Office re- spouses, 4,500,000 surviving spouses of de- nation and will impact the lives of vir- port to Congress entitled ‘‘Opportunities to ceased workers, and 4,300,000 dependent chil- tually every one of our 300-plus million Reduce Potential Duplication in Govern- dren. citizens. ment Programs, Save Tax Dollars, and En- (6) According to the Social Security Ad- The reality today, as I think most hance Revenue’’ (GAO–11–318SP); ministration, the Social Security Trust (3) determine the total cost savings that Funds currently maintain a $2,600,000,000,000 Americans know, is that within our shall result to each agency, office, and de- surplus that is project to grow to economy we have a middle class which partment from the actions described in sub- $4,200,000,000,000 by 2023. is collapsing. In the last 10 years, me- section (1); and (7) According to the Social Security Ad- dian family income has declined by (4) rescind from the appropriate accounts ministration, even if no changes are made to $2,500. Millions of American workers the amount greater of— the Social Security program, full benefits are working longer hours for lower (A) $5,000,000,000; or will be available to every recipient until wages. If you look at real unemploy- (B) the total amount of cost savings esti- 2037, with enough funding remaining after mated by paragraph (3). ment rather than the official unem- that date to pay about 78 percent of prom- ployment, we are talking about 16 per- AMENDMENT NO. 286 ised benefits. (Purpose: To provide for the Director of the (8) According to the Social Security Ad- cent of our people unemployed or un- Office of Management and Budget to sub- ministration, ‘‘money flowing into the [So- deremployed. Numbers may be even mit recommended rescissions in accord- cial Security] trust funds is invested in U.S. higher for certain blue collar workers ance with the Congressional Budget and Government securities . . . the investments and for young workers. The middle Impoundment Control Act of 1974 for Gov- held by the trust funds are backed by the full class is in very dire straits. ernment programs and agencies with dupli- faith and credit of the U.S. Government. The Poverty in America is increasing. cative and overlapping missions) Government has always repaid Social Secu- Since 2000, nearly 12 million Americans At the end of title V, add the following: rity, with interest.’’. have slipped out of the middle class SEC. lll. CONSOLIDATING UNNECESSARY DU- (9) Social Security provides the majority and into poverty. As a nation we have PLICATIVE AND OVERLAPPING GOV- of income for two-thirds of the elderly popu- 50 million Americans today who have ERNMENT PROGRAMS. lation in the United States, with approxi- Notwithstanding any other provision of mately one-third of elderly individuals re- no health insurance and that number law, not later than 150 days after the date of ceiving nearly all of their income from So- has increased. In recent years we have enactment of this Act, the Director of the cial Security. the highest rate of child poverty of any Office of Management and Budget shall— (10) Overall, Social Security benefits for major country on Earth. We are (1) compile a list of Government programs retirees currently average a modest $14,000 a deindustrializing at a rapid rate. In the and agencies selected from the Government year, with the average for women receiving last 10 years we have lost 50,000 of our programs and agencies with duplicative and benefits being less than $12,000 per year. largest manufacturing plants as many overlapping missions identified in the March (11) Nearly 1 out of every 4 adult Social Se- 2011 Government Accountability Office re- of our largest corporations have de- curity beneficiaries has served in the United cided it is more profitable to do busi- port to Congress entitled ‘‘Opportunities to States military. Reduce Potential Duplication in Govern- (12) Proposals to privatize the Social Secu- ness in China and other low-wage coun- ment Programs, Save Tax Dollars, and En- rity program would jeopardize the security tries rather than invest in America. hance Revenue’’ (GAO–11–318SP); and of millions of Americans by subjecting them That is one reality. Then there is an- (2) in accordance with the Congressional to the ups-and-downs of the volatile stock other reality that we don’t talk about Budget and Impoundment Control Act of market as the source of their retirement too much. It is while the middle class 1974, submit to Congress recommended benefits. disappears and poverty increases, peo- amounts of rescissions of budget authority (13) Social Security is a promise that this ple on the top are doing phenomenally for Government programs and agencies on Nation cannot afford to break. well. Today, about 1 percent of top in- that list. (b) PROTECTION OF SOCIAL SECURITY BENE- come earners earn about 23 percent of AMENDMENT NO. 207, AS MODIFIED FITS.—It is the sense of the Senate that, as all income. That is more than the bot- Ms. LANDRIEU. Madam President, I part of any legislation to reduce the Federal tom 50 percent—the top 1 percent earn ask unanimous consent that Senator deficit— more income than the bottom 50 per- SANDERS’ amendment No. 207 now be (1) Social Security benefits for current and cent and the gap between the very rich modified with the changes at the desk. future beneficiaries should not be cut; and The ACTING PRESIDENT pro tem- (2) the Social Security program should not and everybody else is growing wider. Not widely discussed but true, in pore. Without objection, it is so or- be privatized. America today the wealthiest 400 fami- dered. Ms. LANDRIEU. Madam President, I lies own more wealth than the bottom The amendment, as modified, is as ask unanimous consent that any time follows: 150 million Americans—400 families, 150 spent in a quorum call prior to the million Americans. That is an unbe- At the appropriate place, insert the fol- votes at 4 p.m. be equally divided. lowing: lievable gap in terms of wealth, be- SEC. ll. SENSE OF THE SENATE. The ACTING PRESIDENT pro tem- tween a handful of families and the (a) FINDINGS.—The Senate makes the fol- pore. Without objection, it is so or- vast majority of the American people. lowing findings: dered. That gap is growing wider.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5209 In 2007, the wealthiest 1 percent took Everybody, every working family in grant program. We are now reading in in 23.5 percent of all the income earned America, knows how hard it is today to various States that have budget prob- in the United States; the top 0.1 per- find quality, affordable childcare. In lems that their solution to the budget cent took in 11 percent of total income. most American middle-class families problems is simply to throw people off The percentage of income going to the the husband works, the wife works— of Medicaid, including children. What top 1 percent has nearly tripled since they want to know their kids are in a happens if you have no health insur- the 1970s, and between 1980 and 2005, 80 safe, good-quality childcare center. For ance and you get sick? percent of all new income generated in decades now, Head Start has done an We are beginning to talk about death this country went to the top 1 percent. excellent job in providing quality early panels. That is what we are talking We are living in a society where the childhood education for low-income about. If you are sick, you have no very wealthiest people are becoming kids. In the midst of that childcare cri- health insurance, what do you do? My wealthier; the middle class is dis- sis, the Republican solution is slash guess—we have options—you die, you appearing; poverty is increasing. That Head Start by 20 percent, throw 218,000 get sicker, you suffer in ways that you takes us to the budget situation our children off of Head Start, lay off 55,000 did not have to suffer. Republican friends are pushing. Head Start instructors. The Republican proposal, as outlined At a time when the richest people are On and on it goes. In my State it gets by Congressman RYAN yesterday, also becoming richer, what the Republicans cold in the winter, 20 below zero. Many includes over $1.6 trillion in cuts over say is the answer is let us give million- seniors living on Social Security can- the next decade for education, Pell aires and billionaires even more in tax not afford the escalating costs of home grants, infrastructure, affordable hous- breaks. At a time when the middle heating oil. The Republican solution: ing, food stamps, food safety, and other class is in decline, poverty is increas- Slash $400 million in funding for vital programs for the middle class, the ing, what our Republicans are saying is LIHEAP, making it harder for seniors elderly, the sick, and the children. let us attack virtually every signifi- What is also interesting—it is lit- and other low-income people to stay cant program that improves lives for erally beyond belief to me—is while warm in the wintertime. low-income or moderate-income peo- What we should be very clear about Republicans are slashing programs for ple. The rich get richer, they get more. as we discuss the budget is the Repub- low- and middle-income people, what The middle class gets poorer, they get lican proposals for the continuing reso- they are also doing—I think people will less. Maybe that sense of morality lution for the remainder of fiscal year think I am not serious, but I am—at makes sense to some people. It does the same time as the rich are getting 2011 are only the first step in their not make sense to this Senator and I richer and they are slashing programs long-term plan for America. Yesterday do not believe it makes sense to the for low- and moderate-income people, what we saw is the real vision of the vast majority of the American people. the Republican budget plan would sig- Republican Party, for where they want Our Republican friends outlined their nificantly lower taxes for millionaires to take this country into the future. immediate budget proposals for 2011, and billionaires. for the CR, in their bill H.R. 1. Let me While I applaud them for being So we cut Head Start, we cut Pell briefly review it because I want every- straightforward about that vision, I grants, we cut community health cen- body in America to understand what think the more the American people ters, but at the same time we give huge these folks want to see happen and it is take a hard look at where they want tax breaks for millionaires and billion- important that we discuss it. Fifty mil- this country to go, the more outraged aires. Furthermore, the Republican lion Americans have no health insur- will be millions and millions of citizens proposal would also lower taxes for the ance today. The Republican solution is as they understand the Republican pro- largest corporations in this country. slash $1.3 billion for community health posal for the future. My point is, we all do understand that care centers that provide primary Right now, if you are a senior citizen this country has a serious deficit prob- health care to 11 million patients. and you get sick and you need to go to lem and a $14 trillion national debt. I What happens when you are sick, you the hospital, you have a health insur- think every Member of the Senate is have no insurance, you don’t have any ance program called Medicare, which concerned about the issue and wants to money, you can’t go to a doctor—what has been lifesaving for millions of sen- address it. happens? Perhaps you die, perhaps you iors. The Republican budget as out- The question is, Do we move toward suffer, perhaps you are lucky enough to lined by Congressman RYAN yesterday a balanced budget on the backs of the get into a hospital. We spend huge essentially ends Medicare as we know weakest, most vulnerable people in our sums of money treating you when you it and converts it into a voucher-type country, on the backs of the poor, the could have been treated a lot more cost program that will leave seniors paying children, the elderly, the disabled? effectively through a community out of pocket for many lifesaving That is one way we can do it or do we health center. health care costs. ask for shared sacrifice? Do we say to Today, in my office and I suspect in In other words, if you end up, at the the wealthiest people in the country, your office, people will tell you that it age of 75, with cancer or another ill- do we say to the largest corporations takes too long for them to get their ness, what the Republican proposal in this country: You are part of Amer- claims from the Social Security Ad- does is give a voucher to a private in- ica, too, and you have to help us get ministration, the disability claims— surance company—$6,000, $8,000, we are out of this deficit crisis. the waiting line is too long. The Re- not exactly sure—and after that, good Last week, I issued a list of 10 major publican solution is slash $1.7 billion luck, you are on your own. You have an corporations—10 major corporations from the Social Security Administra- income of $15,000, you have cancer, how that paid nothing in taxes in recent tion, making seniors and the disabled are you going to pay for that? The Re- years, and, in some cases, actually got wait even longer. Everybody in Amer- publicans say there will be a voucher, a rebate from the Federal Government ica knows how hard it is for a middle- ending Medicare as we know it right after making huge profits. To my class family to send their kids to col- now. mind, instead of cutting back on Head lege. The most significant Federal pro- The Republican proposal would force Start and Pell grants and community grams, such as the Pell grant program, seniors to pay $3,500 more for prescrip- health centers—which will have a dev- make it easier for low and moderate- tion drugs. The proposal would reopen astating impact on low- and moderate- income families to afford college. The the prescription drug doughnut hole, income Americans—maybe we might Republican solution is slash $5.7 billion requiring that seniors pay full price for want to ask General Electric, which from Pell grants which means that prescription drugs. At a time when so made $26 billion in profits over the last over 9 million American students will many of our people have no health in- 5 years and received a $4.1 billion re- lose some or all of their Pell grants. surance, the Republican budget con- fund from the IRS, maybe we might Many of them will not be able to go to tains $1.4 trillion in Medicaid cuts over want to ask them to pay something in college. 10 years by turning it into a block taxes.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5210 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 I think it is a bit absurd that the av- kids and grandkids in better shape We can get this short-term budget erage middle-class person pays more in than we found it. That means we ought problem resolved if all parties would Federal income taxes than does Gen- to deal with climate change by reduc- turn off the rhetoric and stop the cam- eral Electric. Maybe we want to change ing our emissions of greenhouse gas paigning. A few extreme partisans that. Maybe we want to ask Chevron, pollution. But we must do so in a man- stand in the way of progress, blocking which made $10 billion in profits in ner that does not hurt the economic re- a good-faith effort of many others 2009, which got a $19 million dollar re- covery. seeking common ground. I ask them to fund from the IRS, maybe to pay some- Small businesses and agriculture are take to heart what it says in the book thing in taxes so we can move toward the drivers of our economic recovery of Isaiah: Come now, let us reason to- deficit reduction in a way that is fair. and job creation. Of the 200,000 jobs gether. Here is the bottom line: corporate added in March, over half were created We need to overcome this budget im- profits are at an alltime high. The rich- by businesses with 50 or fewer employ- passe and live up to the oath we took est people in this country are doing ees. And over 90 percent of the 200,000 and to the people we represent. Larger phenomenally well. The middle class is jobs created last month were created challenges await our attention. It is in decline. Poverty is increasing. Re- by businesses with 500 or fewer employ- not in our best interest to see the gov- publican answer: More tax breaks for ees. My amendment ensures that these ernment shut down. I don’t think it is the very rich, lower corporate taxes, businesses can continue to add jobs. in the best interest of the Nation to but stick it to working families in a My amendment is very simple. It ex- continue on this deficit-spending cycle horrendous way, which will cause mas- empts farmers, ranchers, and small we have been on. We owe it to the sive pain. businesses from EPA’s greenhouse gas American people and the world that is We are at a fork in the road in terms pollution regulations. watching us to show American leader- of public policy. Do we develop public Under my amendment only about ship on both our short-term and long- policy which protects all our people, 15,000 of the more than 6 million sta- term fiscal challenges. which expands the middle class, or are tionary sources that emit greenhouse I would like to see us turn our effort we at a moment in history which gases in the country would be regu- to the blueprint provided by the debt moves this country aggressively to- lated by EPA. These 15,000 sources are commission. I commend the bipartisan ward oligarchy, in which we have a large plants run by big corporations. group of Senators who have begun to turn part of this plan into legislation. small number of people at the top with And over 96 percent of these 15,000 We must find ways to reduce spend- incredible wealth and incredible power, sources already have to get permits under the Clean Air Act for emissions ing, address entitlement programs, and while the middle class continues to dis- of criteria pollutants. Moreover, these reform the Tax Code. Now, with all the appear. momentum and opportunity built up Now is the time, in my view, for 15,000 polluters account for 70 percent over the last few months, is the time to working families all over this country of greenhouse gas emissions from sta- lead. We must make the serious deci- to stand and say: Enough is enough. We tionary sources in the country. So under the Baucus amendment, small sions to get our Nation out of the red need shared sacrifice as we go forward. businesses would be protected, while so we can be competitive in the future. We do not need to see the middle class the biggest polluters that account for Again, I say let’s turn off the rhetoric in this country further disappear. and be part of the solution, not part of I yield the floor. the vast majority of emissions would the problem. The ACTING PRESIDENT pro tem- have to comply with the law. EPA is going forward with regula- In Washington, the blame game has pore. The Senator from Montana. tions to reduce greenhouse gas pollu- become par for the course. It has be- AMENDMENT NO. 236 tion. We ought to ensure these regula- come politics as usual. In fact, it is one Mr. BAUCUS. Madam President, I tions preserve our outdoor heritage, thing that people in my State are sick rise today to speak to amendment No. protect our children’s health, promote and tired of and one of the reasons why 236 to exempt farmers, ranchers, and our national security, and protect they have lost confidence in the Con- small businesses from EPA regulation small businesses, farmers, and ranch- gress and in our government. Besides of greenhouse gases. ers. My amendment does just that, and that, how in the world does holding The science is clear: greenhouse gas I urge my colleagues to support it. press conferences and pointing fingers pollution is causing climate change. I suggest the absence of a quorum. at others help resolve anything? Be- Climate change is here, it is real, it is The PRESIDING OFFICER (Mr. sides that, it is not true because the human caused, and it will hurt our FRANKEN). The clerk will call the roll. truth is that we are in this fiscal situa- economy and the health of our kids and The assistant legislative clerk pro- tion we are in today because of deci- grandkids. ceeded to call the roll. sions all of us have made over the last In Montana we are already seeing the Mr. PRYOR. I ask unanimous con- decades. In fact, I saw yesterday in the effects. According to Dr. Steve Run- sent that the order for the quorum call paper where Speaker BOEHNER was ning at the University of Montana, the be rescinded. talking to some of his caucus about duration of the wildlife season in the The PRESIDING OFFICER. Without getting ready for the shutdown, and western United States has increased by objection, it is so ordered. there were ovations over there. There 78 days since the 1970s. This trend is Mr. PRYOR. I ask unanimous con- are no ovations over here for a govern- driven by earlier snowpack melt and sent to speak as in morning business ment shutdown. We do not want to see less summer precipitation due to cli- for 10 minutes. it. I am not only talking about Demo- mate change. And this trend costs jobs The PRESIDING OFFICER. Without crats. I don’t know of any Republicans in Montana’s tourism and timber in- objection, it is so ordered. in the Senate who want to see a shut- dustry. FISCAL CHALLENGES down. In fact, from my standpoint, one Climate change also endangers our Mr. PRYOR. Mr. President, we find of the tests I use when I look at politi- national security. According to a re- ourselves in dangerous territory. While cians is, the louder they are and the port recently authored by retired Navy Republicans and Democrats continue more often they have press conferences ADM Frank Bowman, ‘‘Even the most to point fingers and hold fiery press to blame other people, that probably moderate predicted trends in climate conferences, a government shutdown is means the more they are to blame for change will present new national secu- quickly approaching. The blame game the problems we have today. rity challenges.’’ That is why the Pen- is like quicksand: it has the ability to I certainly hope that as the elections tagon included climate change among drag down not only the Senate and the roll around next year, the American the security threats identified in its House but the entire economy and our people will remember many of the poli- Quadrennial Defense Review. country. No matter how one looks at ticians’ attempts in Washington to I believe that we all have a moral re- it, a shutdown would be reckless and avoid responsibility for this terrible sponsibility to leave this world to our irresponsible. fiscal crisis.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5211 One thing we need to keep in mind is I am reminded, when I think about EPA Administrator Jackson mentioned that what we are talking about this those six sitting in the Capitol and in ‘‘the critical work that farmers are week in terms of shutting down the various rooms around the Capitol, of doing to protect our soil, air, and water government—and I hope that doesn’t that phrase in the Declaration of Inde- resources.’’ Yet the EPA continues, I happen—is really only important for pendence right before our Founding Fa- believe, to handcuff our farmers and the next 6 months. We are only talking thers signed that great document our ranchers with very stringent new about for the rest of this fiscal year. where they say: ‘‘We mutually pledge regulations but still expects them to do The real battle, the more meaningful to each other our lives, our fortunes, all they can to feed a hungry world. discussion and debate and fight, even, and our sacred honor.’’ This is our time Time and time again, farmers have that we need to have is over long-term to put it all on the line. We need to put consistently proven to be excellent fiscal policies. The next 6 months—I our political lives on the line, our po- stewards of the environment. They don’t want to say that is not impor- litical fortunes on the line, and our make their living from the land, and tant, because it is—is a time for us to honor. We need to honor the commit- they are very mindful of maintaining demonstrate to the American people, ment we have made to this country and protecting and improving it. I to the markets, and to the world that when all 100 of us stood up—in fact, speak from experience. I grew up on a we can come up with political solutions when all 535 of us stood up—and took farm. to the very challenging problems we the oath of office that we were going to Unfortunately, we have watched or- face. do what was right for the country. ganizations use the courts to twist I am also concerned in this fragile I mentioned the Book of Isaiah a few laws against American agricultural economy that if we do shut down the moments ago. I am reminded that production. A Democratic Congress- government, that might be something many times in the Old Testament, man from California recently noted that would shake this economy and ac- whether in the prophets or Proverbs, that EPA ‘‘often pursues a course of tually, possibly, stop it in its tracks. I we are always encouraged to do right, agency activism.’’ He points out that hope it will not reverse it, but I do to do justice, to show mercy. We want EPA is using the settlement of law- have a concern about an abrupt cutoff to really be upright and true. That is suits to give them jurisdiction over of government spending, what that what they call us to do and what they issues that may not be allowed under might do to the economy. want us to do. existing law. Our fiscal challenges that the debt I am also reminded that in the New More and more we are seeing impor- commission focused on and many of us Testament, when Jesus is talking to tant policy decisions that impact agri- have focused on are beyond politics. the political and religious leadership of culture arise not from the legislative They are bigger than politics. They are his day, he says: Are you so blind? process, where it should arise from, but more important than the next election. Are we so blind that we cannot see from the litigation process where a In fact, they are more important than the forest for the trees, that we can’t lawsuit settlement results in policy de- our own personal political fortunes. understand how important it is for this cisions being made. This fiscal situation we are in is not country to get our debt and deficit In January 2009 a court overturned about the next election; it is about the where it needs to be? Are we so blind the normal practice of allowing farm- next generation. ers to apply pesticides as long as they If we look back at the time that we that we are not able to see that we call the Battle of Britain, one of the need to put everything on the table, complied with labeling requirements things Winston Churchill said that al- that this is a time for great leadership under the Federal Insecticide, Fun- ways stuck with me is, ‘‘Never in the and shared sacrifice, and we all have to gicide, and Rodenticide Act, which is field of human conflict was so much give up something to get this done? known as FIFRA. owed by so many to so few.’’ He was It is our time to lead. This may be The Sixth Circuit Court ruled that talking about those brave men who the greatest challenge of our genera- EPA doubly regulate pesticide applica- flew the airplanes over Great Britain tion, of any of us who are serving ei- tions under FIFRA and the Clean to protect the skies and the British ther in the House or Senate right now. Water Act. Well, at least 25 Senate and people and to win the war, to stop Nazi This may be our one moment in his- House Members, including myself, sup- Germany from invading and defeating tory for greatness. I sincerely hope we ported an amicus brief urging review of the British Empire. rise to the challenge because I believe the court’s very ill-advised decision. The ‘‘so few’’ we have today are TOM the future of the Republic depends on But, instead, the Obama administra- COBURN, DICK DURBIN, MARK WARNER, it. tion chose to wave the white flag, ig- SAXBY CHAMBLISS, MIKE CRAPO, and I yield the floor and suggest the ab- noring the science and caving to activ- KENT CONRAD. Those few have been sence of a quorum. ists. They urged the Supreme Court meeting for weeks, even months, to try The PRESIDING OFFICER. The not to hear the case and to let the rul- to come up with a comprehensive budg- clerk will call the roll. ing stand. et agreement based on the blueprint of The assistant legislative clerk pro- For years EPA managed pesticide the debt commission. These six Sen- ceeded to call the roll. permitting within established environ- ators are not politicians; they are Mr. JOHANNS. Mr. President, I ask mental and safety requirements. Yet statesmen. They are trying to do what unanimous consent that the order for the administration refused to defend is right for the country. They are try- the quorum call be rescinded. what was a very established, long- ing to do what is in the country’s best The PRESIDING OFFICER. Without standing approach. The EPA asked for interest, not their own. I guarantee my objection, it is so ordered. a 2-year delay to write the permit and colleagues, each one of the six will face Mr. JOHANNS. Mr. President, I ask set up a compliance regime. They tremendous criticism from their own unanimous consent to speak for 10 min- moved forward with onerous permit- parties and from other quarters about utes as in morning business. ting requirements for our producers what they are trying to accomplish. To The PRESIDING OFFICER. Without that will provide no environmental me, that is courage, leadership; that is objection, it is so ordered. gain. This would subject the pesticide what being a Senator is all about. PESTICIDE REGULATION applicators to new and duplicative re- I know right now there are six of Mr. JOHANNS. Mr. President, I rise quirements—a distinct shift in how the them meeting. I know that at some today to talk about another example of EPA regulates pesticides. It created a point, once they come out and once an EPA that, I believe, is out of step whole new world. This additional per- they are ready to announce what they with American agriculture. mitting is now inefficient, it is unnec- want to do, many others will join that EPA continues to pursue regulations essary, and I would argue it is inappro- effort. But we need to cheer them on that would require farmers to file for priate for agriculture. and encourage them to finish the hard an additional permit if they want to EPA’s permitting requirements also task they have begun. apply pesticides, while just last month present a challenge to local public

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5212 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 health officials who work to control ble regulation is unnecessary and as dependence on foreign oil. It is also mosquitoes and prevent the spread of dumb as it gets. about jobs and the economy, which is disease. The American Mosquito Con- We should support our farmers and exactly what we ought to be focused on trol Association estimates that com- ranchers as they produce safe, afford- right now. plying with the additional regulation able food. They are working to protect We are currently working on legisla- could cost each pesticide user at least the land. American agriculture can tion on the floor to help small business $200,000 and potentially $600,000 in Cali- continue to feed the world, and our owners to innovate and grow, to give fornia alone. The dual permit require- farmers will continue to care for the them the resources they need so they ment may reduce the availability of land, unless we set up unnecessary can expand and add jobs and compete pesticides proven to control mosquito roadblocks. in a global economy. These amend- populations. Thus, the ability of public This redundant pesticide permitting ments being considered to that bill will health officials to control mosquitoes requirement is another example of move our country in the opposite direc- and the spread of disease will be hin- overreach. I hope the Senate will fol- tion. dered. low the example of the House which First of all, they are going to cause We all know bugs and weeds won’t voted resoundingly in a very bipartisan massive uncertainty and upheaval for wait on another additional permit from way to correct this situation. We can- clean energy companies such as the EPA, and I surely don’t think farmers not afford to delay, with the compli- McKinstry Company in my home State and public officials should have to go ance date right around the corner. It is of Washington that is working right through this additional process. Last a deadline we simply cannot ignore. now to create jobs and grow and create week, the House of Representatives Mr. President, thank you. I yield the a clean energy economy. If the rules of passed the Reducing Regulatory Bur- floor. the game keep changing, businesses are dens Act—H.R. 872. It passed with over- The PRESIDING OFFICER. The Sen- never going to have the confidence whelming support. I am very pleased to ator from Washington. they need to invest and add workers. report it was a bipartisan vote of 292 to AMENDMENT NO. 183 Second of all, we all know America 130. Democratic Congressman COLLIN Mrs. MURRAY. Mr. President, I come needs to move quickly into the 21st PETERSON, with whom I worked when I to the floor today to express my strong century clean energy economy. Other was Secretary of Agriculture and opposition to any attempt to prevent countries such as China and India are whom I have a lot of respect for, said the Environmental Protection Agency pouring resources into investments this: from doing its job and protecting our that are creating jobs and building in- It was never the intent of Congress to bur- families and our environment. The frastructure. We need to make sure we den producers with additional permit re- amendments being considered here in position ourselves to compete and win quirements that would have little to no envi- the Senate would hurt our environ- in this critical sector. ronmental benefit. ment and harm our national security That is why instead of harmful legis- I could not agree more with the by increasing our dependence on for- lation and amendments that would former chair of the House Agriculture eign oil. They would devastate our pub- take us in the wrong direction—instead Committee. But he is not alone. Fifty- lic health efforts, and take us in the of doing that—we should be talking seven of his Democratic colleagues sup- wrong direction as we fight to compete about policies that reduce our depend- ported this bipartisan legislation to set and win and create jobs in the 21st cen- ence on foreign oil, support our na- the record straight and send a clear tury clean energy economy. tional security objectives, and message to the EPA. The positions of leading scientists unshackle our economy, so we can tap Here in the Senate, I am a cosponsor and doctors and public health experts the creative energy of our Nation’s of a similar bill Senator ROBERTS in- are clear. Global climate change is workers and support good family wage troduced this week. I am pleased to real, it is harmful, and it has to be ad- jobs, and make sure our workers con- stand here today and support his bill. dressed. Rolling back EPA’s standards tinue leading the way in this 21st cen- Both of these bills are designed to would be devastating to the health of tury economy. That is the direction eliminate this burdensome, costly, re- our families, and especially our chil- our country needs to be moving—to- dundant permit requirement for pes- dren. These are settled issues in the ward a healthy and clean environment ticide applications. I commend his ef- scientific world. We shouldn’t be spend- and toward the clean energy jobs of the forts here. He is trying to do something ing time debating them over and over future. We can’t bury our heads in the to solve this problem while protecting on the Senate floor. sand and expect our energy and our en- farmers and ranchers from additional By the way, with the price of oil vironmental problems to somehow dis- regulation, but also very mindful of spiking and families paying more and appear. our environment. more at the pump, we ought to be fo- The longer we put off dealing with I urge the majority leader to act cused on ways to move our country these issues, the more it is going to quickly on the legislation to address away from our dependence on foreign cost us in the future, and that is ex- the EPA’s redundant and costly dou- oil. These amendments would do ex- actly what the amendments on the ble-permitting requirements. We can actly the opposite. They will disrupt floor today will do. They are bad for address this in the Senate. If we don’t efficiency standards that sacrifice bil- the environment, they are bad for the find a solution, our producers will con- lions of gallons of fuel savings and in- economy, and they are dangerous to tinue being told how to operate in a creasing our foreign imports. They will our family’s health. very difficult environment. Our pro- derail the cooperative efforts of auto- The science on these issues is very ducers already deal with the uncer- makers and autoworkers and EPA and clear and it is something the people in tainty of Mother Nature. We should States to develop these unified, na- my home State of Washington take not infuse even more uncertainty into tional standards that provide certainty very seriously. Because when families their lives in the form of these regula- for businesses to invest in new tech- across America go outside for some tions that duplicate with no discernible nologies. Frankly, they would be harm- fresh air or turn on their tap and hope benefit. ful to our national security. Every dol- to have a clean glass of water, they ex- President Obama recently promised lar we spend overseas to pay for oil is pect these resources to be just that: to eliminate programs that duplicate more money in the pockets of coun- clean. each other. In fact, he issued an Execu- tries that are too often far from friend- Once again, I strongly oppose any at- tive order calling for a government- ly to our national security interests, tempt to take away the EPA’s ability wide review to identify programs that and that doesn’t make any sense to me. to do their job, and I hope we can work either duplicated or, as he said at the But this debate isn’t just about together to find real solutions to the time, were just plain dumb. I submit to health and the environment, and it is critical problems that face our coun- my colleagues that this pesticide dou- not just about our national security try.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5213 Thank you, Mr. President. I yield the fect his administration’s policies have by producing more American energy. floor and I suggest the absence of a on families with bills, with kids, and We can’t afford to pick and choose our quorum. with mortgages to pay. energy at a time of uncertainty. We do The PRESIDING OFFICER. The In 2008, President Obama, then a can- need it all. This means allowing more clerk will call the roll. didate for President, said that the U.S. exploration and lifting the burden- The bill clerk proceeded to call the problem wasn’t that gas prices were some regulations that make it harder roll. too high but that they had risen too for Americans to produce more energy. The PRESIDING OFFICER. The Sen- fast. In his words, he said he ‘‘would Renewable energy is part of it, it is ator from Wyoming. have preferred a more gradual adjust- important, but there is no way green Mr. BARRASSO. Mr. President, I ask ment.’’ This may explain why the energy and green jobs can replace the unanimous consent that the order for President spent his first 2 years in the red, white, and blue energy and jobs the quorum call be rescinded. White House undermining and aban- that have continued to power our coun- The PRESIDING OFFICER. Without doning an all-of-the-above approach to try for over a century. Until the ad- objection, it is so ordered. energy. It is no wonder that he is now ministration acknowledges this, the Mr. BARRASSO. Mr. President, trying to cast blame on those who are administration’s policies will continue today the President is heading to offering a responsible alternative. to make the pain at the pump even Philadelphia to talk about energy. The President says he wants to cut worse. That is why I urge the Members Well, the President talks a good game our imports of foreign oil by a third by of this body to adopt the McConnell but, unlike energy, talk is cheap. 2025. Well, to me, he doesn’t appear to amendment. The President plans to host a town- have the right vision or political will With that, I yield the floor. hall meeting about his new energy pol- to get there. The United States has the The PRESIDING OFFICER. The Sen- icy. I think it is time the rhetoric face most combined energy resources on ator from New Jersey is recognized. the reality of what the country is see- Earth, but when faced with new sources Mr. MENENDEZ. Mr. President, I ing, experiencing, and dealing with. If of U.S. energy, the administration’s rise in strong opposition to the McCon- the President truly wants to get a han- automatic response has been to regu- nell amendment. I listened to my dis- dle on energy costs, he needs to start late, delay, or to shut down. tinguished colleague from Wyoming, by immediately stopping his Environ- The President’s ‘‘say one thing, do and I enjoy working with him, but this mental Protection Agency from at- another’’ policy is making the pain at is one subject on which we fundamen- tempting to enact backdoor cap-and- the pump even worse. His approach is tally disagree. trade regulation. long on making promises, short on tak- This isn’t about energy production; That is exactly what the EPA is ing responsibility. He talks of his con- this is about clean air. This amend- doing. The only effect that can have is cern for the people affected by the gulf ment is a blatant attack on the Clean to increase energy costs on American oilspill. Yet his drilling shutdown in Air Act, and, from my perspective in families. The President himself admit- the Gulf of Mexico killed their jobs and New Jersey, any attack on the Clean ted as much in 2008. At that time, in an strangles energy production even Air Act is an attack on New Jersey. interview with a San Francisco news- today. U.S. offshore oil production is Primarily because of dirty, old, out- paper, he said: ‘‘Under my plan of a expected to drop 15 percent this year of-State coal plants, every county in cap-and-trade system, electricity rates thanks to the policies of this adminis- New Jersey is noncompliant with the would necessarily skyrocket.’’ tration. Clean Air Act—not by what we do but Is the President serious about de- The President’s claim that blaming what other States do. One of those coal creasing U.S. dependency on foreign his administration for ‘‘shutting down powerplants is the aging Portland Gen- oil? If so, he should then rescind his oil production’’—he says it doesn’t erating Station, located just across the veto threat against today’s congres- track with reality. But I will tell you Delaware River. This plant emitted sional legislation regarding the poli- that the administration’s stalling on 30,000 tons of sulfur dioxide in 2009. cies of the EPA. gulf oil and gas drilling permits is so That is almost three times the amount That is why I am here in support of antibusiness that even former Presi- of all seven of New Jersey’s coal plants the McConnell amendment. The dent Bill Clinton called it ‘‘ridiculous.’’ combined. So we have cleaned up our McConnell amendment keeps energy Even as the President says he wants to act. Others need to do it for the collec- prices low. It prevents the EPA from cut oil imports, he told an audience in tive air we breathe as Americans. Its blocking the development of domestic Brazil a week or two ago that he wants pollutants waft across the Delaware energy. It restores the Clean Air Act to the United States to become ‘‘one of River into numerous New Jersey coun- its original congressional intent. I sup- Brazil’s best customers’’ for oil. He ties, causing and exacerbating a whole port the McConnell commonsense said he would expedite new drilling host of respiratory illnesses, from asth- amendment. permits. He claims oil companies are ma to heart disease. If not for the Most likely, today we will hear more ‘‘sitting on supplies of American en- Clean Air Act, my State or any other of the same from the President in his ergy just waiting to be tapped.’’ But State similarly situated would not speech and townhall meeting in Phila- the biggest thing standing in the way have been able to petition the Federal delphia, and more of the same is the is redtape from his own Interior De- Government to stop the pollution this last thing the American people need partment and EPA. While ‘‘use it or Pennsylvania plant spews into New right now. American families are fac- lose it’’ makes for a nice sound bite, it Jersey’s air. ing increasing gas prices. Our national ignores the reality that the Obama ad- Just last week, New Jerseyans re- security is being jeopardized by de- ministration’s own policies are the ceived some good news. Under the au- pendence on foreign sources of energy. most significant roadblock we have to thority of the Clean Air Act, the Fed- Unrest in the Middle East and North drilling and exploring for American en- eral Government proposed a rule that Africa is driving high prices even high- ergy. would grant my State’s petition. If fi- er. The President also claims to support nalized in coming months, the rule The Department of Energy has made alternative fuels. Yet he didn’t once would lead to an over 80 percent reduc- an estimate that families all across mention converting coal into fuel or tion in the Portland coal plant’s sick- this country will spend $700 more on tapping oil shale. Oil shale production ening sulfur dioxide emissions. If not gasoline this year than they did last could produce an estimated 800 billion for the Clean Air Act, my State would year. Meanwhile, the President will barrels of recoverable oil. That is three not have this victory within its grasp. most likely deliver another speech times the amount of Saudi Arabia’s oil It wouldn’t have the opportunity to with great goals but limited action. reserves. protect its citizens. We simply cannot With gasoline at over $3.50 a gallon, The way we can address our eco- gut the one piece of Federal legislation the President fails to appreciate the ef- nomic and national security needs is that protects the air we breathe.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5214 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 Imagine having to tell your children The McConnell amendment—the one have deathly ill in order to allow pol- they cannot go outside to play because I call the dirty air amendment—is the luters to continue to spew toxins into the wind is not blowing quite the right first of many amendments we can ex- the air we collectively breathe? Doing way, because the air they will breathe pect to see that are aimed at pre- so risks not only our health and that of will damage their lungs. The McClos- venting the Federal Government from future generations, it risks the promise keys from Delran, NJ, don’t have to regulating polluters under the Clean of a green economy built on clean en- imagine that scenario; they know it. Air Act. ergy jobs, energy-efficiency innova- Let me tell you about Erin McCloskey. Caring about children’s health means tions, and reduced waste and pollution. On poor air quality days in the sum- not allowing polluters to place profits I urge my colleagues to stop the ef- mer, their daughter Erin could not ahead of people, ahead of the well- fort to gut the Clean Air Act and to de- even make it to the family car, much being of our children—and I mean all feat this amendment. Let’s make sure less go outside and play, without start- children, no matter their race, eth- we bequeath to future generations the ing to wheeze. Family activity began nicity, or class. Low-income and mi- ability to have air that, ultimately, we to revolve around trips to the doctor, nority Americans continue to be dis- can collectively breathe, that doesn’t treatments, and stays at the hospital. proportionately exposed to pollution sicken our families and undermine our It was a severe economic hardship on that is harmful to their health. A re- collective health. the family not just because of costs but cent analysis showed, for example, that I yield the floor and suggest the ab- also because all of these trips made it two-thirds of U.S. Latinos—about 25.6 sence of a quorum. difficult for Erin’s mother Natalie to million Americans—live in areas that The PRESIDING OFFICER. The hold down a job. do not meet the air quality standards clerk will call the roll. The McCloskeys are not alone. Four- under the Clean Air Act. Perhaps this The bill clerk proceeded to call the year-old Christian Aquino, from Cam- begins to explain why Hispanic Ameri- roll. den, NJ, suffers from severe asthma. He cans are three times more likely than Mr. BOOZMAN. Mr. President, I ask takes six different medications a day Whites to die from asthma attacks, unanimous consent that the order for to control asthma attacks, but still his why Latino children are 60 percent the quorum call be rescinded. mother, Iris Valerio, lives with the more likely than Whites to have asth- The PRESIDING OFFICER (Mr. constant fear that an attack is around ma. UDALL of Colorado). Without objection, the corner. On bad air days, they avoid Low-income and minority Americans it is so ordered. going outside, and when on the high- will also be disproportionately affected Mr. BOOZMAN. Mr. President, I rise way in traffic, the windows are kept by the impacts of climate change. Let’s to express my strong support for the closed. be clear. The scientific consensus is McConnell amendment. This amend- Fourteen-year-old Samaad Bethea, of overwhelming. Climate change will in- ment prevents EPA from continuing to Elizabeth, NJ, also suffers from severe creasingly create more frequent and reach beyond Congress’s clear intent asthma. He has been on daily steroid more extreme storms, more violent and under the Clean Air Act. medication to control his asthma for 3 sustained heat waves, meaning more Congress did not authorize green- years. If he skips a day, his lungs start costly and dangerous floods and house gas regulation under the Clean to falter and he can’t catch his breath. droughts. Hotter summer days will Air Act. This amendment is an appro- His mother Sharon realized that pollu- mean more ozone formation and more priate response to clarify the law that tion in their old neighborhood was trig- bad air quality days. In this way, cli- is being misinterpreted. The EPA gering attacks and had an opportunity mate change directly endangers all of should not be making policy decisions to move the family. Since that move, us, our children, and our children’s beyond the authority clearly granted Samaad has been doing much better, children. But changes in weather pat- to the Agency by Congress. but he still requires daily steroid medi- terns and increasingly extreme weath- Let us remember, last year, Congress cation. er events also result in indirect effects. rejected the cap-and-trade agenda on a These children are part of a sobering The security of our food supply will be bipartisan basis. The EPA’s agenda is a national reality, a New Jersey reality. at risk due to more frequent heat job-destroying agenda. It will raise the Their days revolve around inhalers, stress. The security of water supplies price of energy, food, and gasoline. The steroids, and constant anxiety over will be at risk due to droughts. cost of this policy will be transferred when air pollution will trigger another For all of these reasons, scientists to the people of Arkansas and all severe asthma attack. agree that climate pollution endangers Americans every time they shop at the According to the National Centers public health and welfare. That is well store. for Disease Control and Prevention, understood, and we can curtail these The EPA’s agenda will not lead to a each year over 10,000 New Jerseyans risks by regulating climate pollution. cleaner environment. American manu- are hospitalized due to asthma attacks But, no, big polluters want to kick the facturing will be hurt, and our manu- triggered by air quality problems. can down the road. They want to pre- facturing capacity will be replaced by Thousands of sick days are taken each tend they aren’t polluting. Big pol- foreign competitors with weak environ- day in New Jersey by either asthmatics luters want to pretend these risks mental standards. This amendment or parents of asthmatics, with huge aren’t real. They want the McConnell will allow individual States to keep ex- consequences for the New Jersey econ- amendment to pass so they can con- isting policies in place by permitting omy. Asthma attacks triggered by air tinue business as usual. them to regulate emissions as they see pollution cause scores of premature This is not about energy because if fit. deaths in my State each year. the New Jersey coal-fired plants ulti- This amendment also enables the Erin McCloskey, Christian Aquino, mately reduced their emissions by 80 EPA to focus on the important pur- and Samaad Bethea bring these statis- percent, it is a question of an invest- poses of the Clean Air Act, which I tics to life. While the causes of their ment. They are still producing energy. strongly support. The Clean Air Act asthma are many, air pollution is a There are 9.3 million people in the must be used to protect the public from common trigger. The Clean Air Act di- State. They are producing energy, but harmful pollution. The Clean Air Act rectly impacts their health, their qual- the reality is that they are doing it in was not intended to address climate ity of life, and even the ability of their a cleaner way. That is what this issue change concerns. parents to get or keep a job. For them is about. Finally, let me address a myth we and for thousands of children like We must not allow polluters to set keep hearing. Some have stated the Su- them, weakening the Clean Air Act our priorities. How many children in preme Court is forcing the EPA to take will mean more days sequestered in New Jersey or in other parts of the this heavy-handed, backdoor, cap-and- their homes and more emergency room country face the reality of dirty air? tax approach. This is wrong. The Su- visits. How many children are we willing to preme Court stated that the EPA can

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5215 decide whether greenhouse gases en- tion we are in today is a classic exam- sands of bureaucrats would be able to danger public health and welfare. Many ple of how unelected officials—not just one day take the Clean Air Act that Senators believe the Supreme Court’s judges—can make laws and regulations they passed and control every home, interpretation of the law is wrong. Yet in a manner that is dramatically con- every business, every city, every car, EPA made a political decision based on trary to the ideals of the American and every hospital in America. the Court’s ruling to expand their ju- Founders, and in a manner that is con- What happened? The concern over risdiction far beyond what Congress in- trary to the ideals on which this coun- global warming arose. Whatever people tended. This amendment will correct try was founded, ideals that require ac- believe about that, the concern cer- that action. countability, that require responsi- tainly is out there. Many people be- Others have stated this amendment bility and that allow the American lieve it is a serious threat. Others would permanently eliminate the people to hold their officials respon- think it is not so serious. But at any EPA’s authority to regulate green- sible and accountable for what they do. rate, a lawsuit was filed. That is what house gases. This is also wrong. No pol- For this reason alone I believe the we have so much of in this country. icy is permanent unless it is part of our McConnell-Inhofe amendment should People file lawsuits, especially on envi- Constitution, and even the Constitu- be agreed to, because we are talking ronmental issues. They said: The plan- tion can be amended. We can enact this about a situation in which unelected et is warming, and one reason it is amendment and still have a debate in governmental employees are system- warming is because there is a global this body about needed policy changes atically going about regulating emis- warming gas, CO2, that is being emit- in the future. sion of CO2 in the country under a very ted more today, and this is a danger to Finally, let me quickly address some attenuated theory. They were never us and we believe it is a pollutant now. of the alternatives to this amendment given the explicit authority to do so. So, they would call CO2, which natu- that are being suggested. Some of my They will, under the power they have rally occurs in our atmosphere and is colleagues have suggested delaying the asserted, have the ability to regulate used by plants and vegetation, a pollut- EPA’s actions by 2 years. Others have your automobile, the heating unit in ant because the planet is warming. suggested that one sector of the econ- your home, hospitals, businesses, cit- What do you say, Supreme Court? The omy or another should be exempted ies, and anything else that utilizes car- Court responds: We say it is a pollut- from EPA’s unnecessary and burden- bon fuels to produce energy. This is ant, and the EPA should be allowed to some rules. what it is all about. regulate it. By a 5-to-4 decision, the I would suggest these proposals do How did it happen? What occurred Supreme Court seems to say, but not not provide the cover some Senators here? Well over forty years ago, Con- with much clarity, that EPA should want. Bad policy is bad policy whether gress passed the first Clean Air Act, look at regulating CO2 because that is carried out this year or 2 years from and since then, Congress has amended what they said the Clean Air Act now. Our job creators need certainty. the Act several times. Congress was fo- meant to allow. Restraining the EPA for 2 years will cused on cleaning up the air and deal- First of all, I don’t think the statute not provide the certainty they need to ing with smog, particulates, nitrogen meant that. I agree with the four invest and create more jobs. Exempting dioxide, sulfur dioxide—all of these pol- judges who dissented. I believe Con- one sector of the economy is also not lutants were being emitted into our at- gress never had any intent whatsoever enough. There is no excuse for pro- mosphere and were affecting the health to give EPA the ability to control the tecting just one sector while watching and well-being of Americans, particu- emission of CO2 all over America. I Americans in other sectors lose their larly in cities, and Congress took ac- have no doubt of that. It is not in the jobs to foreign competitors. tion to contain that, and it has helped statute in a way that would clearly en- At the moment, our priority must be produce a much cleaner environment. able the Supreme Court to say that. I job creation, protecting our industrial Pollution was far worse 40 years ago suspect it was a product of activism. and manufacturing sectors, and keep- than it is today. Our atmosphere has Judges got excited about the claim sev- ing gas and food prices low. We must far fewer dangerous pollutants in it eral years ago regarding the danger of make sure the EPA avoids politically and, in that regard, the Clean Air Act CO2 and global warming. Never mind driven initiatives and becomes focused has been very successful. that there seems to be actually less on its core mission: protecting air and But since this Earth was created we concern today about global warming. water quality and preventing exposure have had a marvelous balance. Human In any event, those judges wanted to to toxic contamination. beings and animals breathe in air. see CO2 regulated and they interpreted I yield the floor. They take in oxygen out of that air and the statute in a manner that would The PRESIDING OFFICER. The Sen- they breathe out carbon dioxide. Car- allow for it. Now the Environmental ator from Minnesota is recognized. bon dioxide is not a pollutant. We have Protection Agency is setting about to Mr. FRANKEN. I thank the Chair. never considered it to be a pollutant. do so. It is a major intervention by the (The remarks of Mr. FRANKEN per- Plants, as you know from your basic U.S. Government in every aspect of taining to the submission of S. Res. 133 high school classes, take in carbon di- American life. are located in today’s RECORD under oxide and emit oxygen as part of a life EPA regulation of carbon dioxide has ‘‘Submission of Concurrent and Senate cycle process that is marvelous and the potential to drive up costs for indi- Resolutions.’’) wonderful beyond our ability to ex- vidual Americans as they heat their The PRESIDING OFFICER. The Sen- press. homes and drive their cars and will ator from Alabama is recognized. Over the course of centuries and mil- place a real burden economically on Mr. SESSIONS. Mr. President, I wish lennia, plants in the world took in car- the American economy. It will put us to speak for a few moments on behalf bon dioxide and, eventually, were bur- in a bad situation economically. of the McConnell-Inhofe amendment. I ied in the earth. As a result, the carbon So the McConnell-Inhofe amendment thank them for their leadership in dioxide in those plants was trapped un- says: Wait a minute. Congress did not dealing with governmental regulation derground and developed into coal, oil, approve that. We do not want to do of carbon dioxide and other greenhouse and other fuels. In recent years we that yet. We do not want EPA regu- gases, amendment No. 183. I want to have been taking those fuels out of the lating CO2 all over the country unless share a few thoughts about a matter ground and burning it and, as a result, we direct them to do so—unless we, the that is important to me. I served sev- releasing the carbon dioxide. elected representatives, decide it ought eral years as ranking Republican on When the Clean Air Act was passed, to be done. This important decision the Judiciary Committee. I am inter- there was no discussion or thought should not be made by five out of the ested in our legal system and how it about any potential danger of a warm- nine members of the Supreme Court works. I have to say that the Supreme ing planet. Congress did not have the with lifetime appointments, totally un- Court ruling that resulted in the situa- slightest idea at that time that thou- accountable to the American people, or

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5216 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 tens of thousands of governmental em- sible for what it does when it imposes not do regulations on power stations, ployees—public servants, bureaucrats— such a monumental cost on the econ- manufacturing plants, or oil refineries. in the Environmental Protection Agen- omy and the American people. That is That strikes me as not being fatal; it cy. They do not get to do it either. our responsibility. The McConnell- strikes me as something that could be- It is our responsibility. If we are Inhofe Amendment before the Senate come law. going to impose a massive regulatory today faces up to that squarely. It says The most important point I can say burden on every American in this Na- we are not going to allow this circui- about the McConnell amendment—I tion, this Congress ought to decide tous route of interpretation of statutes just pray this sinks in; it will not, but when and how and under what cir- to result in one of the most massive I pray that it will—there is not one cumstances it should be done. We have governmental intrusions in American chance in 10 trillion that the McCon- people in this Congress and in this gov- life to occur. It ought to be a matter of nell amendment will become law. It ernment who act like Congress has no intense public debate and national dis- will not happen. He shuts the EPA control over it. They think: The Su- cussion before such a thing happens. down permanently, in all respects, for- preme Court rules, and EPA issues its I salute my colleagues for offering ever. It will never happen. I doubt it regulations. their amendment. I urge my colleagues will pass the Senate. It will certainly Well, why do you not do something to support it. not pass at any other level where it about it? They say: Oh, that just hap- I yield the floor and suggest the ab- counts. pens. We do not have any responsi- sence of a quorum. So why do they do that? They do that bility. It is not our responsibility. Do The PRESIDING OFFICER (Mr. because it does not solve the problem; not blame me. You do not like it. Well, SANDERS). The clerk will call the roll. it makes a point. It makes people feel it was not my fault. I did not pass the The assistant legislative clerk pro- good because they are mad, but, in Clean Air Act over 40 years ago. I was ceeded to call the roll. fact, it does great destruction to our not on the Supreme Court. I am not an Mr. ROCKEFELLER. Mr. President, I future. It does not solve a problem, and EPA bureaucrat. ask unanimous consent that the order I am here to solve problems. But we are the United States Con- for the quorum call be rescinded. What I think we do need is a timeout gress, and we are accountable to the The PRESIDING OFFICER. Without just to stop the imposition of EPA reg- American people. It is a question of objection, it is so ordered. ulations that do not allow for develop- constitutionalism. It is a question of AMENDMENT NO. 215 ment of clean technologies—and that separation of powers. This a question Mr. ROCKEFELLER. Mr. President, would hurt the economy at a very crit- of responsibility. If we were to decide we are going to be voting this after- ical point in our still slowly moving re- that the emission of CO2 is a signifi- noon on a number of EPA amendments, covery—but to do it in a way that cant danger to our environment and it one of which is mine, which calls for a keeps us all focused and working on a ought to be regulated, let’s vote to say short 2-year waiting period but does long-term energy policy. so. not shut down in any way the EPA, Yes, we have had problems with the At this point in time, we are not able particularly on CAFE standards. EPA in West Virginia, but the answer financially and there is not enough sci- So I have two messages: One is that is not to get rid of the agency forever. entific evidence or justification for I hope but doubt—but nevertheless It is just incomprehensible to me that going forward with the regulation of hope—people will vote for my amend- mature people could actually be for CO2. And I am constrained to believe ment. As of last December, I would that, vote for that, espouse that, but massive regulation is not the appro- have gotten every Republican vote, but they have. priate thing to do today—but that is a when they broke away from the omni- As of last December, when we were decision Congress ought to make. bus reconciliation agreement those doing the Omnibus appropriations bill, We ought to be held accountable for votes all went out the window. I think every Republican had agreed more or the decisions we make. That is the way they will all vote for the McConnell less to vote for my bill—just a 2-year our country was set up to conduct amendment, which I think is a mis- timeout which should not affect CAFE issues of importance. I have to tell you, take. So let me explain. standards. Then all of a sudden nine this is a big issue that is before the First of all, I am very opposed to the Republicans defected. The election had Senate. We should have tremendous de- McConnell amendment. I think it is already been held. The House was bate, weeks of debate, because federal foolish. It overreaches. It is briefly sat- about to go into Republican hands. regulation of these kinds of emissions isfying and devastating on a long-term Once they defected, then everything could result in hundreds of billions of basis. A case in point: It undermines crashed down. All of the votes I would dollars in cost—or even trillions of dol- the ability—because it obliterates the have gotten from the Republican Party lars in cost, if we set about to regulate EPA—to set CAFE standards. Too few are now gone. I doubt I will get any all CO2 in America. It just is. people in this body understand that 31 votes from the Republican Party and I do not see how it can be disputed. percent of all carbon emissions come not many from my own party, which I Unfortunately, we act like we are out of the rear end of trucks and cars regret but I understand. washing our hands of it. The Supreme and other vehicles and that the right I believe in clean coal. People say Court did not make a policy decision and the power and the science to set ‘‘coal.’’ I much like it better if they that this was the right thing to do. CAFE standards is an incredibly—in- say ‘‘clean coal’’ because if it is just That is not their role. In fact, they will credibly—important mission of the coal the way it is in the ground, we are deny that is what they did. They would EPA. not going anywhere, and natural gas say: All we did was take a statute Under the McConnell amendment, will overtake coal, put them out of passed long ago, before global warming that, along with everything else EPA business. I have said this to the coal was even considered an issue to be con- does, is out the window on a permanent operators quite frequently. They do not fronted by the Congress, and decided basis. It is goodbye EPA forever. That believe me, but I think it is true. that the statute Congress passed then strikes me as not a mature approach to It has happened in North Carolina in allows EPA to regulate CO2 now. And legislation. 12 powerplants. It is happening in Ohio. because of five justices, an unelected I understand the frustration. We have It is happening in lots of places. I have group of American employees are set- that in West Virginia. The EPA does nothing against natural gas. We have a ting about to regulate carbon dioxide not understand necessarily the nuances lot of natural gas. Natural gas, how- and other greenhouse gases. We do not of economic situations, that there is a ever, has one-half of the carbon that need to do that. more exacting way to present legisla- coal does. It has one-half. They call The American people should not tion. So I call for a 2-year timeout pe- themselves a clean fuel, and in relation allow this to happen. They should de- riod, but I do not abolish EPA. I just to coal in the ground, they are, but 50 mand that their Congress be respon- say for a period of 2 years they should percent is a long way from what we are

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5217 already doing in West Virginia, which I thank the Presiding Officer and passed narrowly. It was never voted is taking 90 percent of the carbon out yield the floor. upon in the Senate because there of coal as it comes out of the ground. The PRESIDING OFFICER. The Sen- wasn’t political support for it. That It goes to a powerplant, where there ator from South Dakota. legislation would have also dramati- is Dow Chemical Company on the one AMENDMENT NO. 183 cally increased the cost of energy in hand, and American Electric Power on Mr. THUNE. Mr. President, in a cou- this country, making it more expensive the other, and they have already—and I ple of hours from now the Senate will for our small businesses to run their have been to see their plants, and I vote on the Inhofe-McConnell amend- operations, and imposed dramatically have seen their results, and I went with ment which would prevent the EPA higher electricity and fuel costs on Secretary Chu—they are taking 90 per- from moving forward with dangerous— American consumers. That was a cent of the carbon out of coal. That is I said ‘‘dangerous,’’ but certainly given. I think everybody conceded that not bad. You can call that clean coal. harmful to business and certainly cost- was the case. But because there wasn’t We have a gigantic energy problem. ly—greenhouse gas regulations. I would political support for it on Capitol Hill, We need everything we can get. I was hope my colleagues in the Senate will it ended up not becoming law. even prepared to be for nuclear, which support that amendment for a number What we have now coming out of the is about 20 percent of our current of reasons because it bears heavily on EPA is essentially a cap-and-trade bill power structure. I am not sure where I one of the great debates we are having through the back door. The EPA has am right now. I have to think more in the country today. I think the decided they will do by regulation what deeply about that. I am worried be- American people must find it con- they could not get done—the adminis- cause our powerplants are old, also, as fusing—I certainly do—when you get tration could not get done—through the Japanese ones are. all these mixed signals coming from the political process in Congress. So all I can say is, I am for keeping the elected leaders in Washington, DC. The point I wish to make about that our eye on the ball. I am not for mak- The American people must be incred- is the cap-and-trade bill, which was ing us sort of feel good on a very tem- ibly confused because the President has widely debated and discussed at the porary basis. Everybody gets mad at said—rhetorically, at least, he has time, would have driven up energy the EPA. It is just sort of like an open- talked about the need to reduce our de- costs for people in this country. This ing day in American baseball. You just pendence, our dangerous dependence, proposal by the EPA would have the do it and people cheer. But if you do it upon foreign energy. He talked re- exact same impact and effect. In fact, the way it is done in this amendment, cently about getting the number of if one is concerned about economic by abolishing the agency, that is a long barrels of oil we import every day down growth and job creation, which we all season, and it is a bad win-lose record. by one-third at the end of this decade. should be—Lord knows, when we have So I hope my amendment will get The fact is, we do spend $1 billion every almost 9 percent unemployment and sufficient votes. I am not sure. I do not single day on foreign oil. There is $1 lots of people in this country looking think it will because I think the folks billion we export from this country be- for work, that ought to be our No. 1 on the other side of the aisle have com- cause of the addiction we have to for- priority—the fact that we would be pletely deserted it because they feel a eign sources of energy. putting policies in place that would be great solidarity, want to show their The problem is, everything this ad- counter to creating jobs and getting power, and along comes an elimination ministration is doing is contrary to capital deployed out there in our econ- bill. I just could not be for that. Mor- that goal. If we look at policies that omy probably defies explanation, at ally I could not be for that. are coming out of Washington, DC, least for most Americans. I am strongly for West Virginia coal right now, today, they completely con- In fact, the American Council for miners. I just came back last night tradict this idea that we ought to be Capital Formation projects that the from the first anniversary of the 29 moving toward energy independence uncertainty created by the EPA’s cli- coal miners who died. It was not an an- and getting away from this dangerous mate change regulations would in- niversary; it was a memorial. It is a dependence we have on foreign sources crease the risk premium of capital by powerful, powerful life being a coal of energy. 30 to 40 percent. miner. It is unknown to most people I will make a couple of points. The additional uncertainty is pro- what it is like, what the dangers are, We have, of course, in the Gulf of jected to reduce U.S. capital invest- but they do it and they are strong. But Mexico the so-called permitorium. We ment by as much as $400 billion per what they produce could be cleaned up. have not been issuing permits to ex- year. The technology is there. That is what plore, to continue the work that is So I would argue that if we are seri- my amendment would do: give a 2-year being done down there in terms of en- ous about creating jobs, if we are seri- timeout to let us work the technology, ergy exploration. The Outer Conti- ous about growing the economy, why try to be convincing to Wall Street, nental Shelf has been put off limits by would we want to sideline hundreds of and then we could be on our way to this administration, and many Federal billions of dollars of capital every sin- have not only natural gas but every lands where there are abundant energy gle year because of these onerous and single alternative energy that you and resources have also been placed off lim- costly regulations? I could possibly think of—perhaps its. In fact, there were some areas that This is a major reason why there is $2 minus ethanol, but that is a different had been developed or where there were trillion today sitting on the sidelines. story—and we would be on our way. going to be permits issued for explo- It is talked about a lot, but nobody In any event, it is a clear choice. ration in some of the States in the seems to be concerned about changing Clean coal has to play a role in meet- West where we know we have abundant that. What I hear repeatedly from ing our energy needs. It is abundant. It energy resources that have now been those who are able to invest and have can be clean. The technology is there. repealed or pulled back by the adminis- capital to put to work is, they don’t More is on the way. So I hope people tration—just recently, 77 in the State like the economic uncertainty coming will vote for my amendment, and I of Utah, 1 in the State of Montana. We out of Washington. In most cases, if hope very strongly they will vote have enormous resources right here in not in every case, it is focused on these against the McConnell amendment. our own country we could be devel- regulations, on regulatory agencies, In the final analysis, I guess if they oping that would get us away from particularly the EPA, that continue to do not, and they vote for the McCon- sending this $1 billion a day, every sin- come up with new proposals to drive up nell amendment, they are going to lose gle day, to countries around the world the cost of doing business in this coun- anyway because it is never going to get because of our addiction to energy. try. anywhere. It is a guaranteed loser in The other thing tried in the Congress There was a Charles River Associates the legislative process. I think mine last year was a cap-and-trade bill. It study which projected the EPA’s cap- could be helpful. passed the House of Representatives. It and-trade regulations could increase

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5218 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 wholesale electricity costs by 35 to 45 The solution we have put forward mate change bill to the floor. This is percent and reduce average worker today, the Inhofe-McConnell amend- where it should be debated, by the peo- compensation by $700 per year. ment, is—there has been a lot of dis- ple’s representatives, not decided by What is unfortunate about this whole cussion about what it would or bureaucrats in some Federal agency, situation is that the regulations will wouldn’t do, but I wish to point out for which is what the EPA regulations drive up energy and gasoline prices the my colleagues some things it would not would, in effect, do. most for middle- and low-income fami- do because it does get at the heart of There are a number of amendments lies. That is where the impact is going this issue, which is preventing the EPA that have been offered by our Demo- to be most felt. from moving forward with these costly cratic colleagues which I would de- Roger Bezdek, who is the former Di- and burdensome regulations. scribe as political cover amendments. rector of the Bureau of Economic Anal- There are a number of things it does They are hearing the same thing we ysis at the U.S. Department of Com- not do. It does not prohibit States from are from their small businesses, from merce, concluded recently that EPA’s regulating greenhouse gases and ad- agricultural groups, and from con- regulations: dressing climate change. The amend- sumers across this country about what . . . will impact low income groups, the el- ment expressly allows States to keep these regulations would do and how derly, and minorities disproportionately, existing policies in place and allows they would adversely impact elec- both because they have lower incomes to States to regulate greenhouse gas tricity and fuel costs in this country. begin with, but also because they have to spend proportionately more of their income emissions as they see fit. The bill also So they are trying to give themselves on energy, and rising energy costs inflict makes clear that any changes States some cover to be able to vote for some- great harm on these groups. have adopted in their State implemen- thing. I would go on to point out that per- tation programs and title V operating I wish to point out that all these haps the greatest burden of increased permit programs pertaining to green- other amendments being offered by our energy costs resulting from these new house gases are not federally enforce- Democratic colleagues as alternatives greenhouse gas regulations will fall able. to the Inhofe-McConnell amendment upon the elderly Social Security recipi- The McConnell amendment does not don’t get the job done. We talked a lit- ents who represent 20 percent of all overturn the agreement between the tle bit and we heard a little bit earlier households in this country and who de- White House, California, the auto- today about the Rockefeller amend- pend primarily on fixed incomes. They makers, the EPA, and the Department ment, which has the 2-year delay in it. have limited opportunity to increase of Transportation on greenhouse gas But, again, there is a very limited their earnings from employment. They emissions from cars. A lot has been scope to that amendment. The tem- get hit the hardest. What these regula- made out of that issue. That is some- porary nature of the amendment is tions are going to do is target and hit thing the McConnell amendment does going to provide very little relief for the people who can least afford to deal not do. In fact, the amendment ex- businesses and consumers across this with them. pressly preserves the auto agreement country. If it is enacted, permits for So we have an opportunity to do and the most recently enacted fuel effi- new projects and the jobs associated something about that. I think what we ciency standards. with those projects could be stalled are seeing with the EPA and many of In 2017 and beyond, the amendment until after the 2-year period. There is these government agencies is an exam- ensures that any future national auto no assurance that any of these permits ple of overreach, which is a function, in regulations concerning greenhouse would be issued during this 2-year pe- my view, of bureaucracies that have gases will be decided by Congress, riod when this amendment would be in gotten too big. We all talk about gov- which, frankly, is where it should be effect. ernment. There is going to be, I decided, which is why this overreach is The Rockefeller amendment would think—I hope, at least—a great debate such an example of big government not stop or delay other EPA methods over the next couple years as we ad- gone bad. for increasing energy prices, such as dress this issue of spending and debt, The McConnell amendment does not the national ambient air quality stand- about the size of government and how overturn clean air and public health ard for CO2. The Rockefeller amend- much government intervention we protections under the Clean Air Act. ment does not prevent climate change ought to have, and I think most Ameri- The amendment maintains all the nuisance suits sponsored by environ- cans have concluded that government Clean Air Act’s provisions to protect mental activist groups hostile to en- has gotten too big and it has grown too the public from harmful pollution. ergy development. fast. Perhaps the greatest example is Thousands of Clean Air Act regulations I can say the same thing essentially these Federal agencies that have this would remain untouched by this about some of the other proposals out tremendous propensity to want to reg- amendment. Certainly, this amend- there. The Stabenow amendment also ulate everything they can out there, to ment does not, as has been suggested, has a 2-year delay, but it allows EPA the detriment of many of our small gut the Clean Air Act. In fact, it is the to continue moving forward with rule- businesses and those who are trying to contrary. making. It just wouldn’t allow them to create jobs. The amendment does, however, clar- finalize those rules until the end of the As an example of how much our gov- ify that Congress never gave the EPA 2-year period. If the amendment is en- ernment has grown, the historical av- the authority under the Clean Air Act acted, permits for new projects and the erage for this country and what we to regulate greenhouse gases for cli- jobs associated with those projects spend on the Federal Government as a mate change purposes. That responsi- could again be stalled until the end of percentage of our total economy, as a bility, as I said before, lies and should that 2-year period. percentage of our GDP, is about 20.6 lie with the Congress. There are a number of flaws in all percent. This year, it is over 25 per- Finally, the McConnell amendment these amendments, none of which are cent. So the government continues to does not stop the U.S. Government designed to do the job. If we are serious expand, continues to grow relative to from taking any action to address cli- about doing something to address what the economy. The private economy mate change. The amendment puts the consumer groups, the farm organi- continues, by virtue of comparison, to Congress in charge of U.S. climate and zations, and the business organizations shrink. We ought to be looking at what energy policy. Also, the bill expressly are asking us to do; that is, to prevent we can do to grow the private econ- preserves Federal research develop- the EPA from moving forward with omy, what we can do to create jobs, ment and demonstration programs ad- something they don’t have the statu- what we can do to create economic dressing climate change. tory authority to do and should be re- growth in this country as opposed to So if Democrats in Congress want to served for the Congress, but they are the things that are being done to ex- enact climate change regulations, I going to move forward with it any- pand government. would encourage them to bring a cli- way—if we are serious about addressing

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5219 that issue, the only alternative is to istration that this is the job for the keeps gas prices from increasing. support the Inhofe-McConnell amend- Congress to deal with. This is some- Politifact.com—that independent eval- ment. It is that simple. It is that thing the people’s representatives uator of claims made on the floor of straightforward. All these political should be dealing with, not unelected the Senate, House, and other places— cover amendments that are being of- bureaucrats and Federal agencies that ranks that claim as false. fered by our Democratic colleagues are clearly have an agenda but an agenda I can tell you that it is in our inter- simply that. They are cover amend- that is completely contrary to capital est as a nation to decrease our depend- ments and they don’t get at the heart formation, to competitiveness, to job ence on oil, not to increase it. We need of the issue. creation, and to economic growth. to decrease that dependence because it I would again go back to where I That is what this Congress should be is important for our national security. started; that is, to say we ought to, in focused on, and that is why a vote in We need to decrease that dependence this country, be seriously debating support of the Inhofe-McConnell because millions of dollars that are policies that will move us away from amendment is so important. sent overseas often end up in the hands the dangerous dependence we have on I yield the floor. of those who don’t share our national foreign energy. As I said earlier, every The PRESIDING OFFICER. The Sen- interests. We need to decrease our de- policy coming out of Washington, in ator from Oregon is recognized. pendence on foreign oil because when my view, is designed to make it more Mr. MERKLEY. Mr. President, we those dollars leave our economy, they difficult to develop the very energy have heard a lot of rhetoric on the leave our family’s finances. They don’t sources that will create a domestic en- floor of the Chamber today defending end up in the retail stores or circulate ergy supply in this country that would why air pollution is just fine, explain- here in America. Indeed, our purchase release us from this grip that foreign ing why dismantling air pollution regu- of foreign oil accounts for about 50 per- countries have on us with regard to en- lations is really in the interest of our cent of our foreign trade shortfall. ergy. economy and our families. Indeed, my At a time when both parties should I hope the Inhofe-McConnell amend- colleague from South Dakota has listed be working together to put America’s ment will pass today and will have bi- a little shop of horrors—that the status interests first on energy, the McCon- partisan support. It has already been quo creates economic uncertainty, that nell-Inhofe amendment increases our talked about that perhaps none of the air pollution regulations increase addiction to oil—foreign oil—and cre- these will reach the 60-vote threshold. the risk rate of capital, that they de- ates a supply impulse that raises the What I would say to my colleagues is, stroy jobs, that they even hurt the el- price of oil. Isn’t that context com- again, if we are serious about trying to derly, that they are an abuse of power, pletely misguided? solve this issue, if we are serious about unauthorized by Congress. I am won- Perhaps the real issue is public trying to make sure electricity and dering what else is left on the list of health. This McConnell attack on the fuel costs don’t go up dramatically for reasons to defend the dismantling of Clean Air Act asks Congress to vote in our constituents, then this is the air pollution regulations that protect lockstep against the scientific judg- amendment we need to be for. The the American people, that are popular ment of EPA’s scientists and to tell the other amendments don’t get at the in the eyes of American citizens be- agency charged with protecting the issue. They are political cover amend- cause they want to live in a world public health and the health of our ments. where they can enjoy breathing the air children to ignore dangerous carbon I think it is pretty straightforward throughout our Nation. pollution. when we look at the number of groups Let’s start by recognizing that the In 2010 alone, the Clean Air Act pre- that have come out opposed to those truth about the McConnell amendment vented 1.7 million asthma attacks, amendments and in favor of the Inhofe- is that it increases our dependence on 130,000 heart attacks, and 86,000 emer- McConnell amendment. I will just men- foreign oil. We have heard something gency room visits because clean air tion briefly, again, the American Farm about it driving up the cost of oil. Is isn’t just pleasant, it is, in fact, Bureau and the Chamber of Commerce that right? Well, no, it is not. Repeal- healthy. It is great for the American and other small business organizations ing the endangerment finding and tak- quality of life to be healthy. You know, that have come out in support of the ing away EPA’s part of the regulation that is amazing progress that has been Inhofe-McConnell amendment and op- of mileage standards is estimated to in- made over the last 20 years under the posed to the amendments offered by crease our consumption of oil by 455 bipartisan Clean Air Act of 1990. our colleagues. million barrels. Instead, this amendment would yield I wish to read a quote from one of Gas prices are about $3.50 a gallon to those short-term impulses that have those letters: right now. So the McConnell-Inhofe come up on all sorts of aspects of the Congress, not the EPA, should be guiding amendment represents a $68 billion ex- Clean Air Act. Each time the agency America’s energy policy. Without action by penditure on additional oil. It means has moved to say that this is a con- lawmakers, EPA’s regulations will make it difficult to attract new manufacturing ca- importing $68 billion more of oil. It cern, there are those who say: No, no, pacity and jobs in the United States, let means exporting $68 billion in addi- in the short-term, that might cost me alone double U.S. exports in 5 years, which is tional American dollars overseas to to adjust and we might have to do what our goal has been, as President Obama strengthen the economies in the Middle things slightly differently. Ten years has pledged. East, Nigeria, or Venezuela. That en- later, everybody says: You know, it is This letter is signed by a number of ergy tax—the McConnell-Inhofe tax—is good that we thought about mercury in organizations, including the National one that goes out of our country and the air, it is good that we took on lead Association of Manufacturers, the Na- hurts us in the worst way. It goes di- in the air, and so on and so forth. Tak- tional Association of Wholesaler Dis- rectly to oil companies—out of the ing a longer term view, we need to stay tributors, the National Association of pockets of working families, to some of together and resist these short-term Independent Business, and the U.S. the most profitable corporations in the impulses to take and dismantle the Chamber of Commerce. As I said be- history of human civilization. Gasoline Clean Air Act. fore, I have other letters from major prices are set by the law of supply and The American Lung Association has farm organizations, including the demand. If you increase demand for oil, specifically said the McConnell amend- American Farm Bureau, in support of you also drive up the price. So, if any- ment is ‘‘a reckless and irresponsible the Inhofe-McConnell amendment and thing, the McConnell-Inhofe amend- attempt to once again put special in- opposed to the other political cover ment doesn’t decrease the cost of gaso- terests ahead of public health. The amendments that are being offered by line; it increases the cost of gasoline. American Lung Association, the Amer- our Democratic colleagues. Politifact.com took on this issue be- ican Public Health Association, and Let’s get this done right. Let’s send a cause Members of Congress backing the Asthma and Allergy Foundation of message to the EPA and to the admin- this amendment were arguing that it America have urged that we resist the

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5220 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 temptation to dismantle the Clean Air curve is getting steeper, the pace is Regarding the second amendment, in Act, which the McConnell-Inhofe getting steeper. We are seeing this re- March the GAO, in response to an amendment does. There is a very sim- verberating from coral reefs, to Arctic amendment I put on the last debt ple reason for that: Each of these tundra; we are seeing it in ice sheets, limit, issued a report listing what they amendments would have EPA put aside in glaciers; and we are seeing it in in- think are billions of dollars in savings the practice of using science to set sect populations that are thriving and in terms of duplication. I would be re- commonsense standards to protect pub- decimating the forests of the North- miss to not say that our President em- lic health. Instead, these amendments west, where I come from, that weren’t braced that. In his State of the Union would have the science world put their there a few years ago. We are seeing it speech, one of the goals of his adminis- head in the sand about these problems. in all kinds of patterns across this tration is to eliminate duplication and Indeed, I am not just concerned planet. consolidate. about the McConnell amendment; I am When I visit university campuses, as So we have two amendments that are concerned about all of the amendments students talk about the issues nearest going to be on the Senate floor. One is we are considering today that are de- to their hearts, the top issue is that we mine and one is the amendment of the signed to deflect, delay, and dismantle must address this threat to our planet. chairman of the Appropriations Com- the protection of clean air. The Baucus This conversation goes to the heart of mittee, Senator INOUYE. They are both amendment would take away EPA’s it. My generation isn’t as up to speed designed to save us $5 billion, but there ability to use the best science to con- as our college students are about this, are two big differences between those tinue to modify and tailor the stand- but the planet cannot wait for them to amendments. ards they are setting for carbon pollu- graduate, pursue their careers, run for My amendment tells OMB to have tion and their ability to make sure office, and arrive here on the floor of the study, find the $5 billion, report to major polluters are all covered. The the Senate. So it is our responsibility us what they can do themselves and Stabenow and Rockefeller amendments as Americans who are concerned about what they need us to do to help them. would put a 2-year delay on pollution our dependence on energy, as Ameri- Senator INOUYE’s amendment waits 6 standards. It is tempting to think that cans who are concerned about keeping months from the time we pass the a 2-year delay might be an acceptable our dollars in our economy and cre- bill—5 months for the study to come middle ground, but a 2-year delay in ating jobs, and as Americans who are back, and then for us to do it, which protecting public health is 2 years too concerned about the sustainability of means we won’t have any savings at all long. our practices, to say no to McConnell- until we are well into fiscal year 2013. Let me be very clear about this de- Inhofe and no to the other amendments Every year we waste $5 billion on bate. The McConnell amendment and being brought forward to delay or de- something we shouldn’t is a year we other associated amendments we will stroy or dismantle the Clean Air Act. are borrowing $2 billion of it just to consider are wrong because we should The PRESIDING OFFICER. The Sen- pay the bill. not increase our reliance for energy on ator from Oklahoma is recognized. So I understand it is a cover vote, the most unstable regions of the world. AMENDMENT NO. 281 but what it means is we will never get We should not ship American dollars Mr. COBURN. Mr. President, we are the $5 billion in savings, whereas my overseas for energy. We should not tol- going to have a series of stacked votes amendment will get us $5 billion worth erate more pollution in our air and at 4 o’clock. I want to spend a few min- of savings this year. The way we get water. We should not decrease our abil- utes on three or four amendments and rid of a $1.6 trillion deficit is $1 billion ity to build on America’s foundation of clarify some of the things I have heard or $2 billion or $5 billion at a time. ingenuity and its inventiveness and re- rumbling. Everybody recognizes the duplica- spond to air pollution challenges and One is that we have an amendment tion. What we are asking the adminis- make those environmental decisions in that will, in fact, take away unemploy- tration to do is take the very low- clear partnership with a stronger econ- ment insurance for millionaires. Mr. hanging fruit they can recognize right omy. President, 2,840 households who re- now, do the rescission, recommend to I think that all of our constituents ported an income of greater than $1 us, and then we act on it, rather than across this country, as they think, as million or more on tax returns were waiting 21⁄2 years to get that done. parents, about the future of their chil- paid $18.6 million in unemployment in- So it is very straightforward. We dren, know clean air is the right surance benefits in 2008. That number know there is significant duplication in course. But our children probably un- is higher in 2009. We don’t have the the Federal Government. Let me just derstand better than we do another key final numbers yet. This included over give some of the findings of the GAO aspect of this, because this conversa- 800 earning over $2 million and 17 with report. Remember, this isn’t TOM tion today is largely about carbon pol- excess income of $10 million collecting COBURN’s report; this is a GAO report, lution. unemployment benefits. We have an and they only looked at one-third of We need to wrestle with the fact that amendment that will prohibit that. the Federal Government—the first carbon pollution has a very substantial There has been some concern to say third. They have two more reports to impact on the temperature across this that the costs associated with that, the come to us, with the second and third, planet. Before the Industrial Revolu- way it was scored by CBO, would neu- and then yearly. We will get this report tion, we had a carbon dioxide level of tralize it; the savings versus the cost yearly on the problems of duplication about 270 parts per million. The basic to eliminate that would be even. Even in the Federal Government. scientific consensus is that the level of if that is true—and we have done a cal- We have 47 job-training programs carbon dioxide in the atmosphere needs culation, and we think it costs about across 9 different agencies that we to be kept somewhere below 350 parts $900,000 a year to have people applying spend $18 billion on, and not one of per million. I would be pleased to re- for unemployment sign a statement them has a metric on it to see if it is port to you today that before we get to that their income is not above $1 mil- effective. We are doing a study now in that point of 350, we are going to be lion. But even if it costs the same as the Permanent Subcommittee on In- able to make the adjustments nec- what we are spending, we should not be vestigations on what were the reports essary so that we don’t end up in a sit- giving unemployment benefits to peo- of the people who have been through uation where we are creating long-term ple who are earning $1 million a year. this as to where it is helpful and where adverse consequences for our planet. It is foolish, and it exacerbates the it is not because in our legislation, Indeed, we crossed that 350 boundary tendency of enriching those who are al- where we pass these job-training pro- long ago. We are at 390 now, headed for ready there versus what unemployment grams, we didn’t ask for metrics to see 400. Ten to 15 years ago, it was going up insurance is for—so those who are if they were effective. So this is an one part per million per year; now it is truly dependent on it can survive. I area where we can consolidate one or going up two parts per million. So the wanted to clarify that point. two. Only three of those have charges

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We will actually be much better impact of burning ethanol, when we are that for months last year we struggled when we do in terms of our efficiency actually burning more fuel and putting to find ways to put unemployment ben- and communication between agencies. out more CO2 than we would with pure efits in the hands of Americans who That is $6.48 billion a year. gasoline because of the inefficiency of were really struggling in the face of We have 20 agencies, 56 programs ethanol. this tough economic downturn. It was dedicated to financial literacy, and we So I wanted to recognize her, and controversial and we worked hard on don’t even know what they cost. The when we come to the vote on the blend- that in the Senate. It was drawn out GAO couldn’t determine what they ers’ credit I will ask her to speak on because unemployment benefits are ex- cost. So 56 different programs on finan- that, if she would. pensive, but I supported extending cial literacy, and we are teaching peo- Finally, I would say in regards to those benefits for out-of-work Ameri- ple? We have a $1.6 trillion deficit, and that issue, for people who don’t under- cans because they help. We found a we are teaching Americans financial stand, we are going to spend $5 billion way, ultimately, to pay for them. But literacy? If we should teach them that, this year paying the major oil compa- little did we know, in taking care of which is not a bad goal, why do we need nies 45 cents a gallon to blend ethanol these good Americans, it was made 56 programs to do that? into gasoline. There is a Federal law even harder because literally—and this We have 80 economic development that requires a mandate. It is called number astonishes me—thousands of programs across 4 different agencies. the renewable fuels mandate. Last year millionaires and billionaires were abus- We are spending $6.5 billion. Just con- it was 12.5 billion gallons; this year it ing the system to draw extra payments solidating administrative costs across is 13.2. It is over 22 billion gallons 5 for themselves. So it increased the those agencies could save $100 million, years from now that have to be blend- price tag for all the rest. $200 million, $300 million. ed. In the end, we are talking about val- We have 15 agencies for more than 30 We have a letter from the people who ues. We are talking about hard work food-related laws. Even the President receive this tax credit—who are going and playing by the rules. That is how mentioned salmon. If they are in salt- to receive this $5 billion—who say they most Americans operate. But there are water, they have one agency; if they do not want the $5 billion; they do not a few folks always looking to game the are in fresh water, they have another need the $5 billion. Yet we are going to system, and I can’t believe that some agency. That is foolish. Why duplicate have some resistance around here of of the most well-off among us have the work of one agency with another? not stopping a payment to those who been asking for a government paycheck We have 18 nutrition programs—they receive it, and who don’t want it, for while out-of-work Americans, day in are very important to our kids and something that is already mandated by and day out, look for jobs. They want those who are dependent on them—at law. They have put it in a letter saying to provide for themselves, and they $62.5 billion. Do we need 18 programs to they do not want it. It is already in the want to do it in an honest way. They do that? Could we do it with 10, 8, 2, 3? record. don’t want to draw those unemploy- The questions haven’t been asked, but Now, why would we continue to spend ment benefits. That is a decision and let’s ask the OMB to look at the low- $5 billion of our kids’ money on some- action of last resort. hanging fruit and to take the $5 billion thing they do not want, that isn’t We have had 13 straight months of out and work with Congress to get it going to change the outcome, and that private sector growth. We have added done in the next appropriations cycle. we will have to borrow 40 percent of to almost 2 million jobs. But our economy There are 20 homeless programs make the payment? It is beyond me is still fragile, and too many Colo- across 7 agencies at $2.9 billion; 82 that we would do that, and so it is my radans and too many Americans are teacher quality programs, 16 agencies hope we will be successful in over- looking for work. Families in my and $4 billion. Why would we have 82 turning that. State, and I know in the neighboring teacher training programs? It just With that, I yield the floor, and I State of Oklahoma, are working to bal- shows the magnitude of the problem suggest the absence of a quorum. ance their budgets and find a way to that we have in terms of getting our The PRESIDING OFFICER. The set aside money for college, taking budget under control, not managing ef- clerk will call the roll. care of their kids. Asking them to pay fectively, and not doing the oversight The bill clerk proceeded to call the for unemployment insurance for mil- we should. roll. lionaires is unbelievable. We have 52 programs for entrepre- Mr. UDALL of Colorado. Mr. Presi- So I am truly honored to work with neurial efforts. I don’t have any prob- dent, I ask unanimous consent that the my colleague from Oklahoma. This lem with that, but why do we need 52? order for the quorum call be rescinded. would save $100 million. As the Senator We have 35 programs to oversee infra- The PRESIDING OFFICER. Without said, every day we wait, we waste structure. Overseeing infrastructure is objection, it is so ordered. money. Every day we don’t take an op- important, but why do we need that Mr. UDALL of Colorado. Before the portunity to save money, we are doing many programs? There are 28 programs Senator from Oklahoma leaves the a disservice to the taxpayers. to oversee new markets—28 different floor, I wanted to join him in sup- So I ask my colleagues to support programs funded by the Federal Gov- porting the commonsense amendment this amendment. It is a smart change, ernment across 6 different agencies to he just outlined. The Coburn-Udall and it avoids tarnishing an otherwise oversee new markets. We could consoli- amendment would fix what I think worthy and critical way to temporarily date a lot of that. most Americans, if not every single assist Americans who have fallen on So the President has said he wants to American, would be shocked to dis- tough times. do this. We ought to give him the tools cover; that is, millionaires and billion- Mr. COBURN. Mr. President, will the that will help him do it more quickly aires have been drawing unemployment Senator yield? because every day we wait it costs us benefits. Mr. UDALL of Colorado. I will be more money. Now, unemployment insurance is a glad to yield. Finally, we will have a vote ulti- critical temporary safety net for Amer- Mr. COBURN. I thank the Senator for mately on the ethanol blenders’ credit. icans who need help to get by when his cosponsorship and support on this I have been remiss not to give the No. they fall on tough times, but providing amendment. I haven’t had a chance to

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I have a grand- son who is a terrific athlete, who is words, these are people who actually Total Number of Filers ...... 1,850 2,182 2,695 2,383 have incomes of greater than $1 million very energetic. He suffers from asthma. Notes: IRS does not report data where the number of Taxpayers is less He is an athletic child. Every time he a year in terms of adjusted gross in- than 10. Cells with less than 10 observations are represented with an aster- come. isk. The above data are for taxpayers filing a Tax Year 2009 Tax Return. goes to play soccer, my daughter—his There are probably many more who Mr. UDALL of Colorado. Mr. Presi- mother—will check first to see where have less than that, but we are saying dent, the Senator makes important the nearest emergency room is. She knows very well that if he starts here is a cutoff. It is a legitimate cut- points, and it is a small investment, if wheezing, she has to get him to a clinic off. So there are 22 States that don’t you will, the $200,000, in saving the tax- in a hurry. No parent should have to allow this right now in their process. payers significant amounts of money. worry about letting their children play I was wrong in my statement on the As the Senator points out, the impor- outside. $600,000 or $800,000. The calculation of tant outcome is that the integrity of the cost of putting this in is $200,000 a The fact is, the Clean Air Act has im- the unemployment insurance system is proved life for millions of young peo- year. So for a very minimal cost, we maintained. will save $20 million a year, at min- ple. The Supreme Court and scientists I also would note, as the Senator agree that the Clean Air Act is a tool imum. We are also going to create a from Oklahoma did, the point that it is system that will do what it is designed we must use to stop dangerous pollu- $1 million in income or more, not tion. to do—not to help those who are al- whether an individual has assets or ready very comfortable but to help This picture demonstrates so clearly something in that amount—in other what it is like with smog in the air, those struggling to make ends meet words, a rancher who is fortunate and it permits us to imagine what it and find themselves out of a job. enough to have lands valued at signifi- looks like inside a child’s lung. This Mr. President, I ask unanimous con- cant enough levels but who is illiquid picture shows what toxic skies look sent to have printed in the RECORD the and may be struggling to make ends like. It is an ugly scene, but it is much report of unemployment compensation meet. This applies to people, as the uglier when it is inside the child’s and adjusted gross income of $1 million Senator points out, who have incomes lungs or a child’s body or anybody who or more. of over $1 million annually. That is sensitive to polluted air. That is the There being no objection, the mate- makes sense. picture coming out of the smokestacks, rial was ordered to be printed in the This is an important amendment. I and the picture turns into reality when RECORD, as follows: urge all our colleagues to support it. it is in the lungs or the body of an indi- We have a chance to vote for it later vidual. FILERS REPORTING UNEMPLOYMENT COMPENSATION AND today. ADJUSTED GROSS INCOME OF $1M OR MORE Allowing companies to reduce pollu- Mr. President, it is my understanding tion, they say, would cost too much for Tax year that I was speaking on Senator polluters. Too bad. What is a life State reported on F1040 COBURN’s time, and I ask unanimous 2006 2007 2008 2009 worth? What does it mean to someone consent that the agreement reflect who is sensitive to polluted air not to Alabama ...... * * * * such allocation. be able to get out or stop coughing or Alaska ...... * * * * Arizona ...... 17 * 15 12 The PRESIDING OFFICER. Without stop wheezing? Arkansas ...... * * * * objection, it is so ordered. Allowing companies to continue pol- California ...... 454 526 569 494 Colorado ...... 20 18 18 19 Mr. UDALL of Colorado. Mr. Presi- luting does not eliminate the costs. It Connecticut ...... 72 79 143 148 dent, I yield the floor, and I suggest simply shifts the costs to our families, Delaware ...... * * * * District of Columbia ...... * * * * the absence of a quorum. our children, and all of us who breathe Florida ...... 87 87 72 90 The PRESIDING OFFICER. The that air. Georgia ...... 13 20 18 17 clerk will call the roll. Hawaii ...... * * * * The American Lung Association and Idaho ...... * * * * The bill clerk proceeded to call the five other health groups sent a letter Illinois ...... 91 136 161 141 roll. Indiana ...... 14 15 16 14 opposing all of these amendments. Iowa ...... * 13 * * Mr. LAUTENBERG. Mr. President, I They say: Kansas ...... * * 11 13 ask unanimous consent that the order Kentucky ...... * 10 * * The Clean Air Act protects public health Louisiana ...... 14 * * * for the quorum call be rescinded. and reduces health care costs for all by pre- Maine ...... * * * * The PRESIDING OFFICER (Mr. venting thousands of adverse health out- Maryland ...... 28 19 21 19 Massachusetts ...... 114 130 110 143 MERKLEY). Without objection, it is so comes, including: cancer, asthma attacks, Michigan ...... 19 32 22 26 ordered. heart attacks, strokes, emergency room vis- Minnesota ...... 22 22 25 25 its, hospitalizations, and premature deaths. Mississippi ...... 10 * * * Mr. LAUTENBERG. Mr. President, Missouri ...... * * 21 * this afternoon, this Chamber is going I am aware of the threat asthma can Montana ...... * * * * Nebraska ...... * * * * to face a clear question: What matters be. I had a sister who was a victim of Nevada ...... 11 17 21 12 more, children’s health or polluters’ asthma. If our families traveled to- New Hampshire...... * * * 10 New Jersey ...... 164 217 328 251 profits? We will be voting on amend- gether, she would have a little res- New Mexico...... * * * * ments that would cripple the govern- pirator that could be plugged into the New York...... 263 375 661 493 North Carolina ...... 11 32 20 19 ment’s ability to enforce the Clean Air cigarette lighter hole and enable her to North Dakota ...... * * * * Act. breathe more comfortably. One day she Ohio ...... 21 21 37 12 Oklahoma ...... * * * * This is a landmark law that protects was at a school board meeting in Rye, Oregon ...... 13 12 18 17 our children from toxic chemicals in NY, where she was a member of the Pennsylvania ...... 100 114 126 125 Rhode Island ...... 21 17 * 12 the air and illnesses such as asthma school board. She felt an attack com- South Carolina ...... * * 10 10 and lung cancer. In 2010, the Clean Air ing on. Her instinct was to try to run South Dakota ...... * * * * Tennessee ...... 14 19 10 20 Act prevented 1.7 million cases of to her car so she could plug in the ma- Texas ...... 70 67 60 74 childhood asthma and more than chine to the lighter hole. She collapsed Utah ...... * * * 12 Vermont ...... * * * * 160,000 premature deaths. The numbers in the parking lot, and she died 3 days Virginia ...... 20 16 13 18 are big, but numbers do not mean later. We saw it upfront and personal. Washington ...... 34 42 46 42 West Virginia ...... * * * * much unless it is your child. If it is It was a terrible family tragedy. She Wisconsin ...... 44 21 27 16 your child, there is no number that is had four children at the time.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.000 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5223 When we hear talk about how threat- opposition to the efforts to overturn oil—not more domestic drilling. We ening it is to control pollution, we say, the Supreme Court. We should not be could drill in every pristine, untouched no, the threat is to family health and gutting the Clean Air Act and public corner of the United States—and some- to our well-being. That is what we are health and environmental protections times it seems like the backers of about in families with young people that are important to every American. those interests would like us to do just across this country and across the These anti-environmental, anti-pub- that—but in response to these calls, I world. lic health, anti-economic riders, I be- would suggest you look at a recent let- It does not matter what the cost is. lieve, do not belong on a small business ter Senator BINGAMAN and I received There is not a family in the world that bill. When we boil it down, what is at from the Energy Information Adminis- would not dispose of all of their assets stake is pretty straightforward. It is tration. to protect and continue the life of a about the common good versus the spe- I ask unanimous consent to have the child. cial interests. The facts speak for letter printed in the RECORD. History shows that the cost of clean- themselves. According to some com- There being no objection, the mate- er air is very low compared to its enor- prehensive reports, the Clean Air Act rial was ordered to be printed in the mous benefits. Thanks to the Clean Air will save our economy $2 trillion RECORD, as follows: Act, fewer parents miss work to take through the year 2020. And even more DEPARTMENT OF ENERGY, care of children suffering from asthma. importantly, the Clean Air Act will cu- Washington, DC, Mar. 25, 2011. More families avoid the crushing mulatively save 4.2 million lives by Hon. MARIA CANTWELL, health care costs associated with a 2020. Chairman, Subcommittee on Energy, Committee on Energy and Natural Resources, U.S. Sen- heart attack or stroke. People live Those are striking numbers, and that ate, Washington, DC. longer, more comfortably, and have is why it is so important that we pro- DEAR CHAIRMAN CANTWELL: This is in re- more productive lives. Simply put, tect the Clean Air Act and turn down sponse to your letter of March 15, 2011, which weakening the Clean Air Act puts the these radical amendments that would seeks a better understanding of some of the profits of polluters ahead of the health effectively overturn it. long term impacts of the Energy Independ- of our children. Congress has stopped other radical ence and Security Act of 2007 (EISA). As noted in your letter, the long-term en- To see what the United States would attempts to overturn laws that are ergy outlook which the Energy Information look like without the Clean Air Act, we about protecting our environment and Administration (EIA) released just before only need to look at China. On a visit protecting the safety of American peo- EISA was signed into law (Annual Energy there, I was scolded by the minister of ple. I remember the debate on MTBE, Outlook 2008 Early Release) projected a sig- environment that the United States in 2003, on the Senate floor. MTBE was nificant increase in U.S. dependence on im- was using too much of the world’s oil, a highly toxic fuel additive, and very ported petroleum through 2030. This finding creating difficulties in the air. When I small amounts of it could severely con- is reversed in EIA’s latest Annual Energy was in the minister’s office, I invited taminate water supplies. Yet MTBE Outlook (AEO2011 Early Release), which projects a decline in U.S. dependence on im- him to join me at the window 23 stories manufacturers who were on the hook ported petroleum over a forecast horizon up in the air. We looked outside and we for billions of dollars of cleanup want- that extends through 2035. Furthermore, over could not see the sidewalk. That is how ed a free pass. They wanted immunity. the 2008 to 2030 period, the cumulative reduc- thick the polluted air was. The air in They came to the Senate hoping to get tion in net petroleum imports between the China is so polluted that many people that. Yet a bipartisan group of Sen- two sets of projections is about 26 billion wear masks when they walk outside. ators stood up to that proposal, and the barrels. The policies enacted in EISA are respon- We do not want to be doing that in proposal to let MTBE manufacturers sible for much of the change in projected America. off the hook was turned down. U.S. oil use. In particular, EISA mandated This poison must not be the future. I There have been other attempts to significant strengthening of both the cor- do not want it for my grandchildren, overturn the Clean Water Act, the En- porate average fuel economy (CAFE) stand- and I do not want it for anybody else’s dangered Species Act, the Superfund ards for cars and light trucks and the Renew- children or grandchildren. Cleanup Act. Sometimes they get only able Fuel Standard (RFS) that was first en- In our Senate, in our Congress, our as far as draft bills or a committee acted in the Energy Policy Act of 2005. How- goal must be to take care of our obliga- hearing. Sometimes we have votes on ever, other changes that have occurred since tions to protect our families. And the the AEO2008 Early Release was issued, in- them. But these issues all have one cluding the outlook for oil prices and eco- strongest obligation anyone has, any- thing in common—it is about the nomic growth, have also influenced the more body we know who has children does greater good versus special interests. recent projections presented in the AEO2011 not want to endanger their health. I Time and time again, Congress has Early Release. ask all of my colleagues: Stand up. wisely come down on the correct side Following enactment of EISA, EIA con- Vote down these dangerous efforts to of the issue and has rejected these pro- ducted sensitivity analyses starting from the destroy the Clean Air Act. It belongs as posals by special interests. AEO2008 Reference case to estimate the ef- part of our environment. It protects The environmental protections that fect of its key provisions. From these cal- culations, it is clear that EISA alone is re- our children, it protects the environ- we have continue in force today be- sponsible for a major reduction in projected ment, and we must not let this oppor- cause we have consistently stood up to oil consumption, which in turn reduces oil tunity be misunderstood and say: We fight for them. Passing an anti-EPA imports on an almost 1-for-1 basis. By 2030, have to vote no to give polluters a pref- amendment would hurt our economy. the fuel economy standards provisions in erence before our children. That certainly is the case with the EISA were estimated to reduce light-duty I yield the floor and suggest the ab- McConnell-Inhofe amendment. It would vehicle gasoline-equivalent fuel consumption sence of a quorum. overturn hard-won gains from the 2007 by between 2.1 and 2.2 million barrels per day The PRESIDING OFFICER. The Energy bill that put CAFE standards in relative to a scenario where vehicle effi- clerk will call the roll. ciency did not improve above the floor set by place to improve fuel economy stand- standards in effect at the time of enactment. The assistant legislative clerk pro- ards for American consumers. These Relative to a baseline that included pro- ceeded to call the roll. standards were passed with bipartisan jected market-driven improvements in fuel Ms. CANTWELL. Mr. President, I ask support and save consumers as much as economy, the savings in fuel consumption unanimous consent that the order for $3,000 over the life of a car through due to the fuel economy provisions were still the quorum call be rescinded. higher fuel efficiency. The proposed estimated at 1.2 to 1.4 million barrels per The PRESIDING OFFICER. Without McConnell-Inhofe legislation seeks to day. Furthermore, the RFS provisions of objection, it is so ordered. overturn these advancements. EISA were estimated to further reduce pe- troleum consumption by 0.3 to 0.6 million AMENDMENT NO. 183 It is these fuel economy standards, barrels per day in 2030. Ms. CANTWELL. Mr. President, I which passed with bipartisan support The AEO2011 Early Release, which reflects rise today to speak against the radical in 2007, that are helping us to wean current laws and regulations, does not in- McConnell-Inhofe amendment and in ourselves from dependence on foreign clude a further increase in fuel economy

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standards for model years 2017 through 2025 think we should be getting off foreign (The remarks of Mrs. HUTCHISON are that is now under consideration in the regu- oil, rather than have future U.S. gen- printed in today’s RECORD under latory process. The forthcoming release of erations compete with the Chinese for ‘‘Morning Business.’’) the full AEO2011 will include alternative sce- Mrs. HUTCHISON. Mr. President, I narios of increased light-duty vehicle fuel ef- every last remaining supply of ever ficiency to illustrate how further actions by more expensive oil. wanted to speak on the McConnell policymakers in this area could affect pro- I agree it would be better if Congress amendment that Senator INHOFE has jected U.S. oil use and imports over the next acted to address our need to diversify worked so hard to bring up, and also 25 years. our Nation’s energy sources. I am anx- LISA MURKOWSKI from Alaska. We all Finally, while there are a variety of ways ious to work with my colleagues on the know what is happening to gasoline to place the major change in projected net other side of the aisle to develop legis- prices in the United States right now. petroleum imports resulting from EISA into lation that would use the power of the perspective, comparisons to the level of U.S. They have gone up now and the aver- proven crude oil reserves can be clarified by free market to do that and protect con- age is about $3.60 a gallon. What we are explicitly recognizing that reserves are only sumers at the same time. I am certain looking at are more increases in those a subset of available domestic resources. As there is a bipartisan solution we can gasoline prices if the EPA is allowed to discussed in my recent testimony before the all agree to. But we can do this and take an authority it does not have and House Committee on Natural Resources, ad- solve our carbon pollution problem by regulate greenhouse gasses. ditions to crude oil reserves replaced over 93 working together, not by burying our Some of the other amendments of- percent of cumulative U.S. crude oil produc- heads in the sand and saying we can ig- fered on this subject are well inten- tion of 19.6 billion barrels from 2000 through 2009. For this reason, total U.S. crude oil re- nore the Supreme Court’s edict to en- tioned, but they do fall short of actu- serves declined only modestly over that dec- force the Clean Air Act. ally making a difference. The amend- ade, decreasing from 22.0 billion barrels at There is a way to reduce carbon pol- ment before us repeals EPA’s effort. It the start of 2000 to 20.7 billion barrels at the lution and transition to a 21st century is very simple and very clean. Small start of 2010. economy and we can and should work businesses are struggling to survive, I hope that this information is responsive together to achieve these goals. It does struggling to keep workers, and trying to your inquiry. Please do not hesitate to not have to be about picking winners contact me if you have any further questions to make it in very small margins in or concerns. and losers, and we can protect con- this economic time. Sincerely, sumers in the process. I want to work Families are facing higher energy RICHARD G. NEWELL, with my colleagues on a framework costs. We are all suffering. I have a Administrator, Energy Information that embodies these principles. But, pickup truck which I love to drive. I Administration. until then, I urge my colleagues to filled it up a couple of weekends ago. It Ms. CANTWELL. In 2007, the Energy vote against these amendments that was about $60. That is a pickup truck. Information Administration was pre- will undermine our Clean Air Act; that That is a basic form of transportation dicting that our foreign dependency will actually increase our dependence for many Americans. Farmers depend was going to continue to increase in on foreign oil, force consumers to buy on affordable energy prices. They must the coming decades. I should note that more gasoline, and make our air dirti- put gasoline in their trucks, diesel in after the 2005 Energy bill, I heard some er. their harvesters, use energy-intensive of my colleagues on the other side say We can do better and I hope we will. fertilizer. that that EIA forecast was the great Mr. President, I ask unanimous con- Higher costs for farmers means high- predictor and that it was going to help sent that Senator BOXER, the chair of er costs for food. You are talking about us reduce our dependence on foreign the Environment and Public Works now an inflation we cannot afford in oil. But the truth is, the subsequent Committee, be the next Democratic this kind of economic environment. EIA analysis made after we passed the speaker and that she have up to 10 min- During all of this, the EPA now wants 2007 Energy bill says just two policies utes. to impose a new gas tax on America in in that landmark bill—the increase in The PRESIDING OFFICER. Without the form of greenhouse gas regulation. CAFE standards and the renewable fuel objection, it is so ordered. Last Congress I issued a report that standards—are responsible for a down- Ms. CANTWELL. I yield the floor and documented how the Kerry-Lieberman ward revision of projected U.S. depend- suggest the absence of a quorum. climate legislation would impose a $3.6 ence on foreign oil. The PRESIDING OFFICER. The trillion gas tax on the American peo- So the things that have made us less clerk will call the roll. ple. Using the data from EPA and the dependent on foreign oil are the very The assistant editor of the Daily Di- Energy Information Administration, things people are trying to gut from gest proceeded to call the roll. we calculated that climate legislation Mr. INHOFE. Mr. President, I ask important legislation that is already would impose a $2 trillion gasoline tax, unanimous consent the order for the on the books. It is not the case that ad- a $1.3 trillion diesel fuel tax, and a $330 quorum call be rescinded. ditional drilling, drilling, drilling and The PRESIDING OFFICER. Without billion jet fuel tax. saying to the EPA: ‘‘Ignore the Su- According to the EPA and the senior objection, it is so ordered. preme Court on the Clean Air Act,’’ is Mr. INHOFE. I ask unanimous con- Obama administration officials, regula- going to help us. Reducing demand is sent that at the conclusion of the re- tions would be even worse than legisla- going to reduce prices at the pump. tion. That was one of the main argu- marks of Senator BOXER, who I under- Look at the example of the U.K., which stand wants to speak for 10 minutes, I ments they used in support of climate produces almost all of its own oil from be recognized for about 10 minutes. legislation, that the regulations would the North Sea. They still got ham- That will be about the timeframe we be even worse than cap-and-trade legis- mered in 2008 when oil prices peaked at have. lation. $147 a barrel because there is a world The PRESIDING OFFICER. Without But that is exactly what we are get- market price for oil. So to refute the objection, it is so ordered. ting with the EPA now trying to regu- notion that we should skirt our envi- Mr. INHOFE. I suggest the absence of late what we could not pass in the leg- ronmental responsibilities and drill, a quorum. islature, for good reason. The Baucus drill, drill to protect ourselves from The PRESIDING OFFICER. The amendment could shield small busi- high oil prices, we need to look no fur- clerk will call the roll. nesses and farmers from EPA permit ther than the U.K. example. The assistant editor of the Daily Di- requirements, but it codifies the re- I don’t understand why the minority gest proceeded to call the roll. quirements for energy and fuel pro- leader wants us to increase our Na- Mrs. HUTCHISON. Mr. President, I ducers, meaning everyone in America tion’s reliance on foreign oil. I think ask unanimous consent that the order will still pay higher energy prices. we should be getting off foreign oil and for the quorum call be rescinded. The Stabenow and Rockefeller not allowing polluters to addict an- The PRESIDING OFFICER. Without amendment only delays the higher en- other generation to that product. I objection, it is so ordered. ergy costs and job losses for 2 years.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5225 That is not good enough. I hope my cost of fueling at the pump. The price wide. I could support that because I colleagues will see that this is our time of gas weighs heavily on the budgets of prefer comprehensive climate legisla- to tell the EPA we will determine what American families, currently $3.56 per tion with targets and timetables that we want them to regulate. That is the gallon in Rhode Island and an increase are technologically achievable instead responsibility of the Congress. We are of 27 percent over the same time last of a regulatory regime administered by to make the laws, they are to imple- year. The cheapest gallon of gas is the the EPA to address greenhouse gas ment them. They are not to reinvent one that you do not need to buy, which emissions. them in their own model of what they is why I have long championed im- However, I cannot support the have the authority to do, and we have proved fuel efficiency. Rockefeller amendment because of its not given them the authority to regu- Last year’s vehicle efficiency and impact on the regulation of vehicle late greenhouse gases. The refineries emissions standards will save con- greenhouse gas emissions. The amend- say this added amount of regulation is sumers more than $3,000 in fuel costs ment would explicitly allow regulation going to cost so much that they will over the lifetime of new vehicles. In- of vehicle greenhouse gas emissions by have to raise their prices in their fac- creasing the standard to 60 mpg by 2025 EPA to go forward under the Clean Air tories, and that assuredly will raise the could result in $7,000 in savings. Our Act, which leaves intact the authority price of oil and gasoline through its use competitors in China and Europe al- for the EPA to grant a waiver to the in our country. ready have higher efficiency standards. State of California to regulate vehicle This is an amendment. There is only It is time that we create manufac- greenhouse gas emissions. The stated one amendment of all the amendments turing jobs here in America by pro- goal of the Obama administration, one on this subject that will do the job. It ducing cars that save consumers I strongly support and have fought for, is simple and clear. It would eliminate money at the pump. I have been heart- is to have a single national standard the EPA’s ability to make regulations ened to see our auto industry begin to for vehicle fuel economy and green- in an area that Congress has not au- do just that, but we need to go further. house gas emissions, as is currently the thorized it to do. That is what we need The McConnell amendment would ac- case for model years 2012–2016. That to do. Congress needs to take the reins complish the opposite by creating busi- goal is defeated, however, if states can and halt the overregulation that is ness uncertainty for our existing individually regulate these emissions, hurting our small businesses and hurt- standards and stopping the develop- because the result is a patchwork of ing our economic recovery. ment of future efforts to save more oil overlapping and conflicting regula- I hope my colleagues will join me in and money. tions. supporting the McConnell-Inhofe-Mur- This amendment is part of the ongo- Senator STABENOW’s amendment has kowski amendment. ing concern over how we will reduce many provisions I support. For in- Mr. REED. Mr. President, today, we carbon pollution, and there will always stance, unlike the McConnell amend- are in the midst of another rapid in- be the need to balance the needs for ment, it would not nullify the EPA crease in the price of oil and gas at the business development and environ- finding based on science that green- pump faced by our constituents. Rath- mental protection. But it does not have house gas emissions may endanger pub- er than address this issue in a positive to be an either or position. A healthy lic health and the environment. It manner, we are once again debating an environment is important for a strong would also allow EPA to move forward amendment whose authors believe that economy, and the 40-year track record with its reporting requirements, which they have the expertise to determine of the Clean Air Act has shown us that will help inform policy makers as to that the EPA was wrong to conclude the two can work well in concert. how to best reduce greenhouse gas that greenhouse gases are pollutants, We need to define our energy future, emissions. The Stabenow amendment despite the preponderance of scientific one that ends our dependence on for- would also allow the EPA to move for- evidence. The McConnell amendment dis- eign oil and confronts the challenges of ward with its planning to reduce green- regards the advice of leading scientists, climate change. This amendment ac- house gases from stationary sources. doctors, and public health experts by complishes neither and I urge my col- Emissions of greenhouse gas emissions not only overturning EPA’s scientific leagues to reject it. from agricultural sources would also be endangerment finding but also telling Mr. LEVIN. Mr. President, there are excluded from EPA regulation related EPA that it must continue to ignore various proposals before us that would to global climate change. what America’s science experts are impact efforts by the U.S. Environ- However, the Stabenow amendment telling us about the dangerous impacts mental Protection Agency to address would also leave intact EPA’s author- of carbon pollution. greenhouse gas emissions that con- ity under the Clean Air Act to issue ve- The Supreme Court concluded in 2007 tribute to global climate change. hicle greenhouse gas emissions stand- that the Clean Air Act’s definition of While I have concerns regarding ards and authority for EPA to grant a air pollutant includes greenhouse gas EPA’s regulatory efforts in this regard, waiver to the State of California. I sup- emissions, rejecting the Bush adminis- Senator MCCONNELL’s amendment not port the EPA and the Department of tration’s refusal to determine whether only restricts EPA’s regulatory work, Transportation together developing a that pollution endangers Americans’ but it would explicitly overturn an im- single national standard. If there is health and welfare. The Senate should portant science based EPA finding that going to be a single national standard similarly reject this amendment, greenhouse gas emissions may endan- for 2017–2025, then logically there must which would overturn that science- ger the public health and welfare of also be preemption of state authority based decision. current and future generations. Fur- in this area. I cannot support an There are many far-reaching con- ther, the McConnell amendment would amendment that addresses EPA au- sequences of this amendment, but I repeal the mandatory reporting of thority but leaves in place its author- want to focus my attention on how it emission levels of greenhouse gases, ity to grant a waiver that is so prob- will disrupt the broadly supported and which began in 2009. The results of that lematic for our manufacturing sector. partnership-driven fuel efficiency reporting will help inform important I particularly regret that I cannot standards for new cars and light policy decisions regarding how to re- support the Stabenow amendment be- trucks, thereby forfeiting many hun- duce greenhouse gas emissions. cause it also includes an extension of dreds of millions of barrels of oil sav- Senator ROCKEFELLER’s amendment the so-called section 48C advanced en- ings, including savings for the Amer- would establish a 2-year delay on any ergy manufacturing tax credit, which I ican consumer, and potentially re- EPA action pertaining to greenhouse support. This tax credit—enacted as opening the debate to contentious liti- gas emissions from stationary sources, part of the American Recovery and Re- gation. with the hope that Congress will act to investment Act—provides an important This would be a major step back- reach a legislative solution to reduce incentive for energy manufacturers to wards in our efforts to decrease the greenhouse gas emissions economy- continue to invest in facilities in the

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Once we have already made to invent new fered today that would gut the Envi- again they are crying wolf and trotting products that consume less fuel, pol- ronmental Protection Agency’s ability out the same discredited arguments to lute less, and create American jobs— to enforce our Clean Air Act. fight greenhouse gas regulations today. jobs that cannot be sent overseas. The It has been proven time and time In enforcing the Clean Air Act, EPA McConnell amendment would penalize again that we can have both a clean en- is doing the job that Congress man- those pioneering facilities that have al- vironment and grow our economy. In dated decades ago. These amendments ready taken steps to clean up industry, fact without a clean environment, it is that attack the Clean Air Act would and reward those who have seen these more difficult for us to grow the econ- force the EPA to turn a blind eye to- new standards coming for years, but omy. Without the Clean Air Act we ward polluters, the same polluters that have chosen to do nothing to protect would be spending trillions of dollars are spending millions of dollars to the public. Instead they now pressure more on health care costs and lost lobby against the Clean Air Act. Congress to let them off the hook and work days. Over its 40 years the Clean I urge every Senator to talk to the to pass the long term health costs Air Act has been one of the world’s parents and grandparents of children in along to the public. most successful environmental and their home States who suffer from The evidence in favor of embracing a health protection laws reducing expo- asthma. Take the time to hear about cleaner future is clear. We have an op- sure to pollutants such as lead, ozone, the trips they have had to take to the portunity to encourage our innovative sulfur dioxide, smog-forming gases, and emergency room and about the count- companies to be global leaders in new mercury and other heavy metals and less hospital stays because of the air clean energy technologies that will toxics. they breathe, something so many of us create jobs here in America. We must Thanks to the Clean Air Act millions take for granted. These attacks on the stop supporting the dirty, outdated and of lives have been saved by preventing Clean Air Act would also lead to more inefficient technologies of the past. premature deaths, heart attacks, can- heart attacks, more strokes, more can- By eliminating EPA’s ability to im- cer, asthma, and other life-threatening cer, and shorter lives. pose scientific, health-based limits on illnesses. But even after 40 years of ac- I arrived in the Senate just 5 years carbon pollution from the Nation’s tion, pollution in many areas of the after the Clean Air Act of 1970 was in- largest polluters, the McConnell country still violates basic health troduced and unanimously passed by amendment and the other amendments standards, putting tens of millions of the Senate. I have supported efforts to that attack the EPA would only end up Americans’ lives at risk. reduce life-threatening pollutants, taking a hefty toll in Americans’ health and costing consumers more by In Vermont, while we don’t have any such as lead and mercury. And I will increasing oil consumption and forcing coal-fired powerplants, we are still the support efforts to reduce hazardous victims of their pollution as it travels them to pay higher fuel costs. greenhouse gases, just as a majority of We need to support efforts for clean by wind across our borders into the Americans do. air and to reduce our dependence on Green Mountain State. Throughout the The truth is that the McConnell fossil fuels. Lives are at stake. In 2010, Nation, hundreds of thousands of amendment and the other EPA amend- in just 1 year, the Clean Air Act pre- Americans suffer every year from ill- ments we will vote on today would vented 160,000 cases of premature nesses linked to emissions from power- hurt public health, cost consumers death. By 2020, that number is pro- plants, refineries and other large more, stifle the invention of new pollu- jected to rise to 230,000. sources of air pollution and greenhouse tion prevention technologies which The air we breathe is the heritage of gases. grow the U.S. economy and jobs, and the American people, not the property Yet there are some powerful special further slow our transition to renew- of the big polluters. interests and some Members of this able energy sources. Since passage of The people of this great country de- body who would like to strip the EPA the Clean Air Act, the benefits have serve better, and they want clean air as of its authorities to enforce the Clean proved to be 42 times greater than the well for their children and grand- Air Act because they reject the notion estimated costs of cleaning our air. Our children. That is why I urge defeat of that greenhouse gases are air pollut- GDP has tripled since the Clean Air these amendments to gut enforcement ants and harmful to public health, or Act was passed. of the Clean Air Act. Stand up for a fu- they believe that we just cannot afford In Vermont we are fortunate to have ture with clean energy and economic clean air. Methane, nitrous oxide, car- two of the preeminent innovation com- growth that depends on a clean envi- bon dioxide, hydrofluorocarbons and panies in the world, IBM and GE. These ronment. Take a stand for the Amer- other compounds are the ingredients of corporations and others like them rely ican innovation that will create more a pollutant cocktail forced on many on regulatory certainty when deciding American jobs and technology to pro- millions of Americans. what investments to make in research, tect the public’s health and the envi- The Supreme Court has determined technology, and expansion into new ronment. And help more Americans that the Clean Air Act is ‘‘unambig- markets. These attempts to strip EPA live longer lives. uous’’ and that greenhouse gases, such of its authority under the Clean Air I yield the floor. as those I just mentioned, are ‘‘without Act to regulate greenhouse gas emis- The PRESIDING OFFICER. The Sen- a doubt’’ air pollutants under the Clean sions would send the wrong market sig- ator from California. Air Act. As such, EPA is required to nals to our innovators. Mrs. BOXER. Mr. President, I am regulate these emissions since they en- Myths are myths and facts are facts, here because I want to urge a no vote danger public health. The Supreme and the fact is that pollution standards on all these amendments that essen- Court has given the EPA little choice, are by law both achievable and afford- tially stop the Environmental Protec- and the science is clear they must act. able. tion Agency from doing their work as The McConnell amendment would They encourage energy efficiency, it relates to air pollution. have politics, not science, decide which which reduces energy demand, reduces I am here to do that because never pollutants are hazardous and which fuel consumption, drives down our de- before have we ever interfered in the pollutants should be regulated. If poli- pendency on fossil fuels and foreign oil, enforcement of the Clean Air Act. It tics had been allowed to trump the reduces operating costs, and lowers en- has worked because we have seen tre- compelling scientific evidence, we may ergy prices. In fact the most prevalent mendous advances in our clean air. have never phased lead out of gasoline, compliance response to EPA’s carbon Pollutants cause or contribute to asth- or reduced ozone-depleting chemicals, regulations will be using current and ma, emphysema, heart disease, and

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5227 other potentially lethal respiratory number of smog-related health come to us when they get cancer. They ailments. advisories in Southern California has rely on physicians. They rely on sci- We know from the work of the Bush dropped from 166 days in 1976 to zero entists. But we are playing doctor administration and that of the Obama days in 2010. today. We are going to repeal or try to administration that the endangerment Why on Earth would we want to mess repeal the endangerment finding that finding that said greenhouse gases were with a law that has been working? It went along with the EPA deciding to dangerous for our health predicted that has been working. I defy anyone to move forward and enforce decreases in ground-level ozone would increase if we point out a law that has worked as well carbon pollution. did nothing, and we would have more as this one. We went from 166 days in On March 14 the Washington Post cases of asthma and coughing, and peo- Los Angeles, where people were told had a very interesting article, an op-ed ple staying home from school, and not to go outdoors, to zero days in 2010, piece signed by Christie Todd Whit- staying home from work. because the EPA—by the way, created man, EPA Administrator from 2001 and The EPA’s endangerment finding is by a Republican President, Richard 2003, and William Ruckelshaus, EPA key. Here is what they told us: Nixon—does its job. Administrator from 1970 to 1973, two Severe heat waves are projected to inten- Look at the bipartisan support for Republican former heads of the EPA. sify, which can increase heat-related deaths the Clean Air Act. First of all, it They wrote: and sickness. passed the Senate 73 to 0, the House 375 Today the agency President Richard Nixon Remember, this is relating to carbon to 1. The conference report was ap- created in response to the public outcry over pollution, greenhouse gases, exactly proved unanimously, and now, sud- visible air pollution and flammable rivers is what my colleagues are trying to ei- denly, I cannot find a Republican to under siege. The Senate is poised to vote on ther slow down cleaning up or stop say they fully support the Clean Air a bill that would, for the first time, dis- cleaning up, in an unprecedented as- Act. What has happened to my friends approve of a scientifically based finding, in this case that greenhouse gases endanger sault on our nation’s health—unprece- on the other side of the aisle? This was public health and welfare. dented assault on our nation’s health. a bipartisan issue. It certainly is with This is signed by two Republican We even had a Senator stand up here the people. former heads of the Environmental and say, EPA does not have the right In 1990, we had a bipartisan vote Protection Agency. The McConnell to regulate carbon pollution, green- signed by President George Herbert amendment is radical in the extreme. house gas emissions. I would urge that Walker Bush: Senate, 89 to 10; House, We have never before played doctor person, and everyone else saying it, to 401 to 25. That is why so many people around here and repealed a scientific read the Clean Air Act. It is so clear. in this country still support the Clean finding that said a certain type of pol- And, by the way, the Bush administra- Air Act. Let’s look at the results of lution is a problem. tion did not want to enforce the Clean that bipartisan poll we have. Bipar- They also said: Air Act, and they went all the way to tisan support. the Supreme Court, and the Supreme It was created, the EPA, by Richard It is easy to forget how far we have come in the past 40 years. We should take heart Court said no. Nixon. Republican President George from all the progress and not, as some in It is very clear in the Clean Air Act Herbert Walker Bush signed the reau- Congress have suggested, seek to tear down that, yes, Congress meant we should thorization, and 60 percent of the peo- the agency that the president and Congress control this type of dangerous pollu- ple in this Nation—and this is a poll created to protect America’s health and en- tion once an endangerment finding is that was taken February 14 of this vironment. made. And that was made. What the year—say that the Environmental Pro- If we are interested in bipartisanship, McConnell amendment does—and my tection Agency should update Clean why don’t we look at the facts. The friend Senator INHOFE was actually the Air Act standards with stricter air pol- fact is, the American public supports author of the full bill, the same thing— lution limits. Listen. Stricter air pol- EPA and the Clean Air Act. The fact is, is essentially say that the EPA is over- lution limits. Richard Nixon created the EPA. The ridden. They repeal the endangerment The polluters do not like it. They are fact is, George Herbert Walker Bush finding. That is like my coming here crying all the way to the bank. They signed the Clean Air Act amendments. and saying, I want to repeal science had the biggest profits they ever had, The fact is, it is very clear in the Clean that says that smoking causes lung the oil companies. They do not want Air Act that carbon pollution, any pol- cancer. Okay? I want to play doctor. I the EPA enforcing the law. By the way, lution related to climate change, is want to play scientist. It is absolutely my colleagues name this amendment covered. a dangerous precedent because it in- something like The Gas Reduction This is a reality check from someone volves our people. Climate change is Price Act or something like that. who believes we should not go down expected to worsen regional smog pol- They say this is going to help us stop this dangerous path of playing doctor, lution, which can cause decreased lung gas prices from rising. It has nothing playing scientist, overturning the En- function, aggravated asthma, increased to do with that. Every time we move vironmental Protection Agency, which emergency room visits, and premature forward with Clean Air Act authorities, enjoys almost 70 percent support deaths. there are predictions from all the pol- among the people of this greatest of all Why on Earth do my colleagues want luters about how horrible it will be, nations. to repeal an endangerment finding—by and we never had such a period of pros- I yield the floor. the way, Senator MURKOWSKI tried and perity since Richard Nixon signed the The PRESIDING OFFICER. The Sen- it failed, and it is going to fail here Clean Air Act. ator from Oklahoma. today. But the fact is, why should we Sixty-eight percent say: Congress, Mr. INHOFE. Mr. President, I agree play doctor? I know some of us have a stay out of the Clean Air Act stand- in one respect with the Senator from great elevation of ourselves; a couple ards. Leave them alone. Don’t change California. Actually, we agree on a lot have doctorate degrees, but most of us them. The McConnell amendment and of points. We agree on infrastructure are not scientists and doctors. We act the others, all interfere. and things that we know the country as if we are. I am too humble to repeal Sixty-nine percent say EPA sci- needs. But in the area of the Clean Air science. That is what they do here. entists, not Congress, should set pollu- Act, she said: Show me one Republican Let’s look at the health successes of tion standards. This McConnell amend- who supported it. I supported the Clean the Clean Air Act. In 2010 alone, the ment and the others all put Congress in Air Act. It has been a tremendous suc- act prevented 160,000 premature deaths, the middle. cess. 1.7 million asthma attacks, 130,000 The people are smart. They don’t Stop and look at the real pollution. I heart attacks, and 3.2 million lost days want politicians deciding what to do am not talking about greenhouse of school. I am telling you, the Clean about their health. They don’t come to gases. I am talking about the six real Air Act has been a great success. The us when they have asthma. They don’t pollutants and what has happened. It is

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5228 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 amazing the success of the Clean Air taxes in order to pay for the cap-and- going to affect the overall release of Act. I agree with that. trade regime that comes with any type CO2 emissions. I remind everyone, though, that the of legislation. We talked about that. The reason is simple. If we do it only Clean Air Act would not be regulating Continually, we defeated each bill that in the United States, we would argue CO2 except the court said: If you want came along. that is not where the problem is. The to do it, you can. They did not man- This is the key. The Obama adminis- problem is in China, Mexico, India, and date that it be done. That is worth con- tration is very beholden to some of the Third World countries that don’t have sidering. far leftwing people. He had a commit- any emission controls at all. So I think Since I have the time until we will be ment to try to pass some kind of cap everyone agrees if we pass something voting on the first of three cover votes and trade. He said: If we can’t do it leg- like these regulations of the EPA uni- before they get to my amendment, I islatively, we will do it through regula- laterally, it would not reduce emis- wish to correct my good friend from tion. So we had all these regulations sions at all. Consequently, we would be California. She referred to it as the that EPA started coming down with. incurring economic punishment to McConnell amendment. It is the I have to mention, of these regula- achieve nothing. McConnell-Inhofe amendment. In fact, tions, one was very significant because I would take it one step further. As it came from my bill that I introduced I remember when she was before our we chase away our manufacturing base, with FRED UPTON sometime ago, a bill Environment and Public Works Com- as they say would happen, we would be that is going to be voted on in the mittee, I said to her—this is right be- in a position where they would go to House Representatives today. So it is fore going to the big U.N. party in Co- countries where there is no emission appropriate that we take it up now. penhagen about 18 months ago—I have controls. It would actually have the re- This amendment has been postponed a feeling, Madam Director, that you sult of increasing emissions. six or seven times. I applaud the major- are going to come up with an Even if Senator BOXER is right in ev- ity leader for letting us have these endangerment finding. When you do, it erything she says, she is wrong in the votes. It is important that we do this. has to be based on science. What respect that if we pass it, it will not This is what I believe is important. science will you base it on? lower emissions. That is the fact. People need to understand a couple of She said: Primarily on the IPCC. We are running out of time, but I things: First, this is all about, starting To make sure everybody under- have the time right up to 4 o’clock. I in the 1990s when they had the Kyoto stands, the IPCC is the United Nations. will go over four things that will hap- convention that we were supposed to They are the ones who came up with pen, finalizing the vote that is going to ratify, President Clinton never did sub- this whole thing and said this is what be at 4. mit it to the Senate for ratification. the end of the world is going to be. Mr. BAUCUS. Will the Senator yield? Nonetheless, it was one that regulated I said: If you are going to have an Mr. INHOFE. Let me finish because I greenhouse gases. I remember at that endangerment finding that CO2 is an am going to need all the time. time the Wharton School did an anal- endangerment to health, then it has to Mr. BAUCUS. I ask unanimous con- ysis that asked: What if the United be based on science. What science will sent to speak for 2 minutes prior to the States were to ratify the Kyoto treaty it be based on? vote on my amendment. and live by its requirements? What The answer was, the United Nations. The PRESIDING OFFICER. Is there would the costs be? It is going to be based on the science of objection? It came out somewhere in the neigh- the IPCC, the Intergovernmental Panel Mr. INHOFE. Reserving the right to borhood of between $300 and $400 bil- on Climate Change. That is the United object, is the Senator talking about lion. We never ratified it because the Nations. doing it after 4 o’clock? President never submitted it for ratifi- Coincidentally, right after that is Mr. BAUCUS. Before the vote, yes. cation. Then in 2003, there came a num- when climategate came, and they Mr. INHOFE. If he would include me ber of votes. Almost every year we had found that they had been cooking the to speak for 1 minute at that time, I legislation introduced that would do science for about 10 years and that the have no objection. essentially what the Kyoto treaty legitimate interests and input of real Mr. BAUCUS. That would be fine. would have done, which would have scientists were rejected. So the science The PRESIDING OFFICER. Without been cap and trade. We had MIT and just flat wasn’t there. objection, it is so ordered. others look at it to see what in fact That is why I said at the time that Mr. INHOFE. Senator BAUCUS will would be the cost if we were to do this. we had this bill up, I will stipulate to have an amendment up. I think it is in- I can remember when my good friend, the science, even though the science is teresting. I refer to these three amend- the junior Senator from California, not there. I know it is not there, but ments as cover amendments. In other Mrs. BOXER, and I talked on the Senate what is there is the economics. words, there are a lot of Democrats floor the last time we defeated her Here we were, faced with a situation who don’t want to vote to take away bill—I think this might have been the where we were looking at the possi- the jurisdiction of the Environmental Waxman-Markey bill, but it doesn’t bility of the Environmental Protection Protection Agency to regulate green- matter because they are all the same— Agency regulating CO2. I contend that house gases, so they have offered other I stipulated to the science. I said: All they can do it if they have an amendments. The Baucus amendment right. Let’s assume the science is right. endangerment finding, but they don’t is one that is going to exempt certain It isn’t, but let’s assume it is so we have to do it. The economic punish- small people, some small farmers and don’t have to talk about that. Assum- ment to America would be tremendous. all that. But that doesn’t exempt them ing it is, let’s talk about the econom- However, it wouldn’t do any good. from having their electricity rates es- ics. That is where we developed what it Here is the big question: What if I am calate. would cost. wrong? People have asked me: INHOFE, The American Farm Bureau says: We In my State of Oklahoma, I have a what if you are wrong? You have been don’t want any of the cover votes. We policy that when we talk about billions leading this fight for 9 years. What if don’t want the Baucus bill. We don’t and trillions of dollars I try to put it CO2 does endanger health and cause want Stabenow, and we don’t want into context as to how it will affect global warming and all these scary sto- Rockefeller. Stabenow would also have taxpayers in my State. I have a very ries we hear? a delay in certain parts of the regula- simple thing I do. I take the total num- My response to that is, if that is the tion. The Rockefeller vote, which is ber of families who file tax returns and case, it is not going to make any dif- going to be the third vote, is one that then I do the math. If I divide that, ference because even the EPA director would have a 2-year delay. In other say, $350 billion a year, that means the admits if we unilaterally pass some words, it says we can go ahead and do average taxpayer in my State would type of regulation that stops the regu- the regulation, but we will kind of put have to pay $3,100 a year in additional lation of greenhouse gases, it is not it off for 2 years.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5229 The real vote and the one that is The PRESIDING OFFICER. The Sen- Social Responsibility, and the Trust critical—and if there is anyone out ator from Oklahoma. for America’s Health, as well as clean there who doesn’t want to go home and Mr. INHOFE. Madam President, a energy business, environment, and con- say: I am responsible for passing the point of inquiry, not to be taken from servation organizations. largest tax increase in the history of the time I have. The inquiry is, When For that reason—although I fully un- America by defeating the Inhofe- we get into the four votes, are we going derstood the initial intent, and I McConnell amendment, then go ahead to have additional time arguing for and thought it was laudable—this has and vote that way. That is going to be against the amendments? transformed into an amendment that I a serious problem—not for me but for The PRESIDING OFFICER. There is do not support and the leading public the Senators who might vote the wrong 2 minutes of debate, equally divided, health organizations do not support. So way. between the stacked votes. I would urge a ‘‘no’’ vote on the Baucus The McConnell-Inhofe amendment Mr. INHOFE. OK. I would ask the amendment. will be the fourth vote. This is the crit- Chair, these 2 minutes are having to do I yield the floor. ical one. The rest are cover votes. with the Baucus amendment, the first The PRESIDING OFFICER. All time With that, I yield the floor. one we will vote on; is that correct? has expired. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Senator The question is on agreeing to Bau- ator from Montana. BOXER and Senator INHOFE each have 1 cus amendment No. 236. Mr. BAUCUS. I ask unanimous con- minute. Mr. BAUCUS. I ask for the yeas and sent that in addition to my being able Mr. INHOFE. On the Baucus amend- nays. to speak for 2 minutes and Senator ment? The PRESIDING OFFICER. Is there a INHOFE 1 minute, that Senator BOXER The PRESIDING OFFICER. Yes. sufficient second? There appears to be a sufficient sec- also be allowed to speak for 1 minute Mr. INHOFE. OK. I thank the Chair ond. on this amendment. very much. The clerk will call the roll. The PRESIDING OFFICER. Without Let me go first. In deference to my The bill clerk called the roll. objection, it is so ordered. good friend, Senator BOXER, I said I The result was announced—yeas 7, AMENDMENT NO. 236 would go first and she can go last. nays 93, as follows: Let me mention, this is only on the Mr. BAUCUS. Mr. President, I have a [Rollcall Vote No. 51 Leg.] Baucus amendment. Yes, the Senator very commonsense amendment. It basi- YEAS—7 cally says: The general rule makes is right in presenting his amendment Baucus Hagan Levin sense, but there should be a couple ex- that it does exempt farmers and some Begich Johnson (SD) ceptions. The general rule is that we small businesses from the higher costs Conrad Klobuchar should have regulations on greenhouse and all that. But here is the problem NAYS—93 with that: All we have to do is read the gas emissions, but not for agriculture. Akaka Franken Murkowski I am talking about agricultural pro- statement by the American Farm Bu- Alexander Gillibrand Murray ducers, not processors, the regulations reau where they say: Look, all of our Ayotte Graham Nelson (NE) which would still apply to processors. farmers across America—even if this Barrasso Grassley Nelson (FL) only affects the refiners and the manu- Bennet Harkin Paul We are talking about producers, agri- Bingaman Hatch Portman cultural producers. They should be ex- facturers, that increases the cost of Blumenthal Hoeven Pryor empt. Currently, there are not regula- fuel and the cost of fuel is going to go Blunt Hutchison Reed tions. EPA may or may not pass regu- higher and we do not get anything for Boozman Inhofe Reid Boxer Inouye Risch lations that affect agricultural pro- it. For that reason, they oppose the Brown (MA) Isakson Roberts ducers. I think we should make clear to Baucus amendment. Brown (OH) Johanns Rockefeller agriculture they are exempt. They are The PRESIDING OFFICER. The Sen- Burr Johnson (WI) Rubio ator from California. Cantwell Kerry Sanders not the big greenhouse gas polluters. Cardin Kirk Schumer Second, this amendment puts in Mrs. BOXER. Madam President, Carper Kohl Sessions place and codifies EPA’s attempt to when Senator BAUCUS talked to me Casey Kyl Shaheen deal with small business with its tai- about his amendment, it sounded quite Chambliss Landrieu Shelby Coats Lautenberg Snowe loring rule. It may or may not be reasonable to make sure we codify the Coburn Leahy Stabenow upheld in the courts. Passage of this tailoring rule of the EPA, which ex- Cochran Lee Tester amendment would allow this to be empts broad swaths of American busi- Collins Lieberman Thune nesses from their work on enforcing Coons Lugar Toomey upheld in the courts. Corker Manchin Udall (CO) Essentially, there are 15,000 emitters carbon pollution reductions. But as it Cornyn McCain Udall (NM) of greenhouse gas emissions that are came out—and I discussed this with Crapo McCaskill Vitter the big ones. The other 6 million basi- him—it goes further. It harms the pro- DeMint McConnell Warner Durbin Menendez Webb cally are the very small ones. What motion of clean, renewable biomass, ef- Ensign Merkley Whitehouse about the big ones, the 15,000? Those fectively stopping EPA’s ability to use Enzi Mikulski Wicker are large plants run by big corpora- the Clean Air Act to encourage this Feinstein Moran Wyden tions. They essentially produce most of kind of alternative energy. The PRESIDING OFFICER. On this the greenhouse gas emissions. Ninety- It also undermines the Clean Air vote, the yeas are 7, the nays are 93. six percent of these 15,000—the big Act’s New Source Review Program for Under the previous order, requiring 60 ones—are already subject to EPA cri- carbon pollution, which ensures that votes for the adoption of this amend- teria. They have to get permits. More- the biggest polluters use modern pollu- ment, the amendment is rejected. over, they emit 70 percent of the green- tion control technologies. It basically AMENDMENT NO. 277 house gas emissions. says the EPA cannot go and enforce it There will now be 2 minutes of debate So I am just saying, for small busi- using the New Source Review unless on the Stabenow amendment. Who nesses—there are a lot of them—it is there is another pollutant involved. yields time? very important they be exempt from So as the chairman of the Environ- The Senator from Michigan. EPA regulations. It is common sense. ment and Public Works Committee, I Ms. STABENOW. For years, I have In general, it is OK, but it exempts ag- have deep concerns. The Baucus consistently and repeatedly said that riculture and it exempts small busi- amendment is opposed by leading pub- we need to have a balanced and com- ness. lic health organizations: the American prehensive American energy policy. The PRESIDING OFFICER (Mrs. Lung Association, the American Public We can’t just impose regulations; we HAGAN). The Senator from Montana Health Association, the American Tho- need smart incentives to create the has consumed his 2 minutes. racic Society, the Asthma and Allergy technology for a clean energy econ- Mr. BAUCUS. I thank the Chair. Foundation of America, Physicians for omy.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5230 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 The Stabenow-Brown amendment is The PRESIDING OFFICER. Is there a continues the use of CAFE standards, based on the framework developed on a sufficient second? There is a sufficient allowing EPA to set those standards. I bipartisan basis for the past 2 years to second. ask my colleagues to vote against the develop a truly comprehensive policy The clerk will call the roll. McConnell amendment, which I think that would allow us to phase in regula- The bill clerk called the roll. is truly a stunning aberration. tions. The result was announced—yeas 7, The PRESIDING OFFICER. The Sen- This amendment would allow the nays 93, as follows: ator from Maryland. EPA to do its work but would have the [Rollcall Vote No. 52 Leg.] Mr. CARDIN. Madam President, I enforcement of that work be done in 2 YEAS—7 will take 30 seconds and yield to my years. We would build on the successful Brown (OH) Johnson (SD) Stabenow friend Senator INHOFE. advanced energy manufacturing tax Casey Klobuchar For the reasons we already said credit, known as 48C, which has created Conrad Pryor about public health or the protection jobs at 183 businesses in 43 States. NAYS—93 of our Clean Air Act, I urge my col- We have put the right incentives into Akaka Franken Mikulski leagues to defeat the Rockefeller place because we know when we do Alexander Gillibrand Moran amendment. that we help businesses create good- Ayotte Graham Murkowski Barrasso Grassley Murray Let me add one other point. The paying jobs, and we can reduce carbon Baucus Hagan Nelson (NE) American renewable energy industry pollution at the same time. Begich Harkin Nelson (FL) has written to us and told us that the Our amendment also follows what Bennet Hatch Paul uncertainty of a 2-year delay is more the EPA has indicated is its intention Bingaman Hoeven Portman Blumenthal Hutchison Reed than 2 years. It causes American re- toward agriculture by giving our pro- Blunt Inhofe Reid newable energy companies to be at a ducers the certainty they need. Boozman Inouye Risch disadvantage with foreign energy com- This amendment is a commonsense Boxer Isakson Roberts Brown (MA) Johanns Rockefeller panies, costing Americans jobs. Uncer- approach to addressing the issue of tainty adds to job loss in America. clean energy. Burr Johnson (WI) Rubio Cantwell Kerry Sanders For the sake of the public health of The PRESIDING OFFICER. The Sen- Cardin Kirk Schumer Americans, for the sake of our econ- ator from California is recognized. Carper Kohl Sessions Mrs. BOXER. Madam President, par- Chambliss Kyl Shaheen omy, I urge my colleagues to reject the Coats Landrieu Shelby Rockefeller amendment. liamentary inquiry: Senator INHOFE Coburn Lautenberg Snowe and I will speak for 30 seconds each. Is The PRESIDING OFFICER. The Sen- Cochran Leahy Tester ator from Oklahoma. that in compliance? Collins Lee Thune The PRESIDING OFFICER. The Sen- Coons Levin Toomey Mr. INHOFE. Madam President, the ators have that right. The Senator Corker Lieberman Udall (CO) 2-year delay encourages bureaucrats to Cornyn Lugar Udall (NM) stall new permits. It does not accom- from California. Crapo Manchin Vitter Mrs. BOXER. Madam President, the DeMint McCain Warner plish anything. It delays new construc- Stabenow amendment suspends full im- Durbin McCaskill Webb tion, and it delays new jobs. Ensign McConnell Whitehouse One of the interesting points about plementation of the Clean Air Act as it Enzi Menendez Wicker relates to carbon pollution for 2 years, Feinstein Merkley Wyden all three of these amendments is that which is going to cost jobs and harm everyone agrees EPA should not be reg- The PRESIDING OFFICER. The yeas ulating greenhouse gases. If you are America’s competitiveness. Worse than are 7, the nays are 93. Under the pre- that, I think around here ‘‘delay’’ is going to have a root canal, does it help vious order requiring 60 votes for the to wait 2 years? sometimes a code word for ‘‘never.’’ adoption of this amendment, this A 2-year delay could become a long- I urge my colleagues to vote against amendment is rejected. term delay. It becomes more expensive, the amendment. and in the meantime our air gets dirti- AMENDMENT NO. 215 The PRESIDING OFFICER. The er. Under the previous order, there is question is on agreeing to amendment I will close with this: 68 percent of now 2 minutes of debate equally di- No. 215. the people believe Congress should not vided prior to a vote in relation to Mr. ROCKEFELLER. I ask for the stop EPA from enforcing Clean Air Act amendment No. 215, offered by the Sen- yeas and nays. standards. Yet this amendment, and all ator from West Virginia. The PRESIDING OFFICER. Is there a of the others, do just that. The Senator from West Virginia. sufficient second? Let’s stand with the people, with the Mr. ROCKEFELLER. Madam Presi- There appears to be a sufficient sec- American Lung Association, with the dent, my plan would put EPA on hold ond. physicians who have taken a stand for 2 years and no more, but not on The clerk will call the roll. hold from many of its other duties, for against all of these amendments, and The assistant legislative clerk called example, CAFE standards. allow EPA to do its job. the roll. Many of our colleagues do not real- I yield to the Senator from Okla- The result was announced—yeas 12, ize—and certainly the ones who are homa. nays 88, as follows: Mr. INHOFE. Madam President, let going to support the McConnell amend- [Rollcall Vote No. 53 Leg.] me join my friend from California and ment do not realize—that 31 percent of say that the Stabenow amendment is all greenhouse gas emissions in this YEAS—12 similar to the one we voted on before. country come from the backs of trucks Brown (MA) Johnson (SD) Nelson (NE) and cars. I do not stop them from going Collins Landrieu Pryor It admits that the EPA will harm man- Conrad Manchin Rockefeller ufacturers, but it doesn’t do anything ahead and doing that. But I want Graham McCaskill Webb breathing space so we can take 2 to protect anybody from the higher NAYS—88 price of energy. The farmers will tell years—yes, there is a lot of frustration in my State about EPA and permits, Akaka Burr DeMint you that, and everybody else will. With Alexander Cantwell Durbin the 2-year delay, EPA can drop its reg- and I understand that very well. But I Ayotte Cardin Ensign ulatory hammer on farmers and busi- want to take 2 years so we can think as Barrasso Carper Enzi nesses. I urge your vote against this a body and actually come up with an Baucus Casey Feinstein Begich Chambliss Franken amendment. energy policy. I am ready for that. Bennet Coats Gillibrand The PRESIDING OFFICER. The I am not the same person I was 2 or Bingaman Coburn Grassley question is on agreeing to amendment 3 years ago on this subject. But we Blumenthal Cochran Hagan need that time. I ask my colleagues re- Blunt Coons Harkin No. 277. Boozman Corker Hatch Mr. INOUYE. Madam President, I ask spectfully to support my amendment. Boxer Cornyn Hoeven for the yeas and nays. It stops at the end of 2 years, which Brown (OH) Crapo Hutchison

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5231 Inhofe McConnell Sessions The PRESIDING OFFICER. The Sen- Leahy Nelson (FL) Tester Inouye Menendez Shaheen ator from Delaware. Levin Reed Udall (CO) Isakson Merkley Shelby Lieberman Reid Udall (NM) Johanns Mikulski Snowe Mr. CARPER. Madam President and McCaskill Rockefeller Warner Johnson (WI) Moran Stabenow colleagues, the question is simple: Can Menendez Sanders Webb Kerry Murkowski Tester we protect our environment and grow Merkley Schumer Whitehouse Kirk Murray Mikulski Shaheen Thune our economy? And the answer is yes. Wyden Klobuchar Nelson (FL) Toomey Murray Stabenow Kohl Paul Udall (CO) Forty years ago, naysayers claimed Kyl Portman The PRESIDING OFFICER (Mr. Udall (NM) the Clean Air Act, signed into law by Lautenberg Reed WHITEHOUSE). On this vote, the yeas Vitter then-President Richard Nixon, was too Leahy Reid are 50, the nays are 50. Under the pre- Warner costly and would doom our economy. Lee Risch vious order requiring 60 votes for adop- Levin Roberts Whitehouse They were wrong. We heard the same Wicker tion of the amendment, the amend- Lieberman Rubio doom-and-gloom predictions in 1990 Lugar Sanders Wyden ment is rejected. McCain Schumer when President George Herbert Walker AMENDMENT NO. 281 The PRESIDING OFFICER. On this Bush led the effort to strengthen the Clean Air Act. They were wrong again. Under the previous order there are vote, the yeas are 12, the nays are 88. now 2 minutes of debate, equally di- Under the previous order requiring 60 Since 1970, the efforts of the Clean Air Act have outweighed the cost 30 to 1, vided, prior to a vote in relation to votes for the adoption of this amend- amendment No. 281, offered by the Sen- ment, this amendment is rejected. and the GDP has grown by more than ator from Oklahoma, Mr. COBURN. The Senator from Delaware. 200 percent. The Clean Air Act has saved hundreds of thousands of lives, Mr. COBURN. Mr. President, this is a AMENDMENTS NOS. 244 AND 161 WITHDRAWN straightforward amendment that elimi- Mr. CARPER. Madam President, I trillions in health care costs, and nates individuals who have adjusted ask unanimous consent to withdraw grown our economy. Now the naysayers gross incomes of greater than $1 mil- the pending Landrieu second-degree warn that reducing carbon pollution lion per year from receiving unemploy- amendment No. 244 and the Johanns will doom our economy. Ronald Reagan ment benefits. Last year, we had 2,383 amendment No. 161. might say: Well, there they go again. The PRESIDING OFFICER. Without But history and science say they are people who received unemployment objection, it is so ordered. wrong. benefits and also had an income tax re- turn that had adjusted gross incomes AMENDMENT NO. 183 If we don’t take action, here is what Under the previous order, there is it will mean: higher health care costs above $1 million. We had 40 that had now 2 minutes of debate equally di- in America, destroyed coastlines, and adjusted gross incomes above $10 mil- vided prior to a vote in relation to an ever-growing dependence on foreign lion per year. It is a very straight- amendment No. 183 authored by the oil. That is not a recipe for economic forward amendment. I hope we would Senator from Kentucky. success; it is a recipe for failure. support it. The Senator from Oklahoma. Let’s keep America on the right The PRESIDING OFFICER. The Sen- Mr. INHOFE. Madam President, I course—one that saves lives and grows ator from Colorado. think we learned something just in the our economy. Please join me in voting Mr. UDALL of Colorado. Mr. Presi- last half hour, and that is that 90 per- against the McConnell amendment. dent, I am pleased to join my friend cent of the Members of this body, of I thank my colleagues. from Oklahoma in supporting this the Senate, do not think the EPA is Mr. WICKER. Madam President, I amendment. He laid out the case in the qualified to regulate greenhouse gases. ask for the yeas and nays. strongest terms possible. We are spend- They voted against the Baucus amend- The PRESIDING OFFICER. Is there a ing $100 million a year providing unem- ment, the Stabenow amendment, and sufficient second? There is a sufficient ployment insurance for people who the Rockefeller amendment. I have re- second. make over 1 million a year. It doesn’t ferred to those as cover amendments. The question is on agreeing to make any sense. It undercuts the in- You don’t get much cover when they amendment No. 183. The clerk will call tegrity of the unemployment insurance get less than 10 percent of the vote. the roll. program and it would save $100 million, So now is the chance to really do as I mentioned. I ask all of you to join something. If you really want to do The assistant legislative clerk called the roll. us in supporting this amendment. Let’s something that is going to stop the save the taxpayers some money. overregulation we get that is so offen- The result was announced—yeas 50, nays 50, as follows: I yield the floor. sive to the majority of people, we can The PRESIDING OFFICER. The do it with the Inhofe-McConnell [Rollcall Vote No. 54 Leg.] question is on agreeing to the amend- amendment. YEAS—50 ment. First of all, we know what the cost of Alexander Graham Moran Mr. COBURN. I ask for the yeas and this will be. The cost will be some- Ayotte Grassley Murkowski nays. where in the neighborhood of $300 bil- Barrasso Hatch Nelson (NE) The PRESIDING OFFICER. Is there a lion a year. It will be the largest tax Blunt Hoeven Paul Boozman Hutchison sufficient second? increase in the history of this country. Portman Brown (MA) Inhofe Pryor There appears to be a sufficient sec- Secondly, what do you get? People Burr Isakson Risch ond. have asked: INHOFE, what if you are Chambliss Johanns Roberts Coats Johnson (WI) The clerk will call the roll. wrong? What if these greenhouse gases Rubio Coburn Kirk Sessions The bill clerk called the roll. are going to destroy this country? Cochran Kyl Shelby If we are wrong, let’s look at the re- Corker Landrieu The result was announced—yeas 100, sponse we received from the Adminis- Cornyn Lee Snowe nays 0, as follows: Thune trator of the Environmental Protection Crapo Lugar [Rollcall Vote No. 55 Leg.] DeMint Manchin Toomey Agency, Lisa Jackson. When we asked Ensign McCain Vitter YEAS—100 her at a public meeting, if we were to Enzi McConnell Wicker Akaka Brown (MA) Conrad pass these regulations or any of these Alexander Brown (OH) Coons NAYS—50 cap-and-trade bills, would this have the Ayotte Burr Corker Akaka Cardin Gillibrand Barrasso Cantwell Cornyn effect of lowering the greenhouse gases, Baucus Carper Hagan Baucus Cardin Crapo the answer was no because it would Begich Casey Harkin Begich Carper DeMint only affect the United States of Amer- Bennet Collins Inouye Bennet Casey Durbin ica. Bingaman Conrad Johnson (SD) Bingaman Chambliss Ensign This is your chance to vote against a Blumenthal Coons Kerry Blumenthal Coats Enzi Boxer Durbin Klobuchar Blunt Coburn Feinstein major tax increase to the American Brown (OH) Feinstein Kohl Boozman Cochran Franken people. Cantwell Franken Lautenberg Boxer Collins Gillibrand

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5232 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 Graham Levin Rockefeller The result was announced—yeas 57, find, in moments of tough times, sav- Grassley Lieberman Rubio nays 43, as follows: ings at the administrative level. This is Hagan Lugar Sanders Harkin Manchin Schumer [Rollcall Vote No. 56 Leg.] a guideline. If we cannot find $5 billion Hatch McCain Sessions YEAS—57 in administrative savings from this Hoeven McCaskill Shaheen guidepost, then this study will go, Hutchison McConnell Akaka Franken Merkley Shelby Baucus Gillibrand Mikulski along with many others, to sit on a Inhofe Menendez Snowe Inouye Merkley Begich Hagan Murkowski Stabenow shelf. Isakson Mikulski Bennet Harkin Murray Tester So I urge my colleagues to vote in Johanns Moran Bingaman Hutchison Nelson (NE) Johnson (SD) Murkowski Thune Blumenthal Inouye Nelson (FL) favor of the Coburn-Warner amend- Johnson (WI) Murray Toomey Boxer Johnson (SD) Pryor ment. Udall (CO) Brown (MA) Kerry Reed Kerry Nelson (NE) The PRESIDING OFFICER. The Sen- Kirk Nelson (FL) Udall (NM) Brown (OH) Kirk Reid Klobuchar Paul Vitter Cantwell Klobuchar Rockefeller ator from Hawaii. Kohl Portman Warner Cardin Kohl Sanders Mr. INOUYE. Mr. President, since Carper Landrieu Schumer Kyl Pryor Webb 1974, there has been a law on our books Landrieu Reed Whitehouse Casey Lautenberg Shaheen Lautenberg Reid Wicker Cochran Leahy Stabenow that does exactly what this amend- Leahy Risch Wyden Collins Levin Tester ment proposes to do. It does so without Lee Roberts Conrad Lieberman Udall (NM) Coons Manchin Webb taking away the checks and balances The PRESIDING OFFICER. On this Durbin McCaskill Whitehouse we have in the government. It also does vote, the yeas are 100, the nays are Feinstein Menendez Wyden so in a proper way. It goes through the zero. Under the previous order requir- NAYS—43 Congress of the United States. ing 60 votes for the adoption of the Alexander Graham Portman This is an appropriations matter. So, amendment, the amendment is agreed Ayotte Grassley Risch therefore, I hope all of us can vote no to. Barrasso Hatch Roberts on the Coburn amendment. Blunt Hoeven Rubio AMENDMENT NO 286 . Boozman Inhofe Sessions The PRESIDING OFFICER. The Under the previous order, there is Burr Isakson Shelby question is on agreeing to the amend- now 2 minutes of debate equally di- Chambliss Johanns Snowe ment. Coats Johnson (WI) Thune vided prior to a vote in relation to Coburn Kyl Mr. CONRAD. I ask for the yeas and Toomey Corker Lee Amendment No. 286 offered by the Sen- Udall (CO) nays. Cornyn Lugar ator from Hawaii, Mr. INOUYE. Vitter The PRESIDING OFFICER. Is there a Crapo McCain Mr. INOUYE. Mr. President, my DeMint McConnell Warner sufficient second? amendment addresses the concerns Ensign Moran Wicker There is a sufficient second. raised by the Coburn amendment, but Enzi Paul The clerk will call the roll. it does so by using existing authorities The PRESIDING OFFICER. On this The assistant legislative clerk called established by the Impoundment Con- vote, the yeas are 57, the nays are 43. the roll. trol Act of 1974. My amendment accom- Under the previous order requiring 60 plishes the same objectives, but it The result was announced—yeas 64, votes for the adoption of this amend- nays 36, as follows: maintains the proper deference to Con- ment, the amendment is rejected. [Rollcall Vote No. 57 Leg.] gress on matters of appropriations. AMENDMENT NO. 273 The Coburn amendment simply dupli- Under the previous order, there is YEAS—64 cates that existing authority but re- now 2 minutes of debate equally di- Alexander Enzi Moran moves the checks and balances. I urge vided prior to a vote in relation to Ayotte Graham Murkowski a yes vote on the Inouye amendment Barrasso Grassley Nelson (NE) amendment No. 273 offered by the Sen- Baucus Hagan and a no vote on the Coburn amend- Nelson (FL) ator from Oklahoma, Mr. COBURN. Begich Hatch Paul ment. The PRESIDING OFFICER. The ma- Bennet Hoeven Portman The PRESIDING OFFICER. Who jority leader is recognized. Blumenthal Hutchison Risch Blunt Inhofe Roberts yields time in opposition? Mr. REID. Mr. President, we have Boozman Isakson Rubio Mr. COBURN. I was looking for Sen- one more vote in this series of votes. Brown (MA) Johanns Sessions Burr Johnson (WI) ator WARNER in the Chamber. This will be the last vote tonight. We Shaheen The PRESIDING OFFICER. The Sen- Carper Kerry are now going to continue working on Casey Kirk Shelby ator from Virginia. this piece of legislation. People should Chambliss Klobuchar Snowe Mr. WARNER. Mr. President, I rise talk to the manager of the bill if they Coats Kohl Tester to urge adoption of the Coburn amend- have other amendments. We have quite Coburn Kyl Thune Collins Lee Toomey ment. I believe the Coburn amendment a few we have to work through, but I Corker Lugar Udall (CO) actually adds teeth. We have a study think we have had a lot of success Cornyn Manchin Vitter here of duplicative programs from today. Crapo McCain Warner GAO. We have got to make sure we are, DeMint McCaskill Wicker We are still working on seeing if we Ensign McConnell as we debate closing down the Federal can get a budget deal, everybody. I Government, attacking real programs. have a meeting at the White House at NAYS—36 We ought to be able to save $5 billion a quarter to 9 tonight with Speaker Akaka Gillibrand Murray of administrative duplication within BOEHNER. Bingaman Harkin Pryor Boxer Inouye Reed the 82 programs that were given in this The PRESIDING OFFICER. The Sen- Brown (OH) Johnson (SD) Reid guideline in the GAO report. I would ator from Virginia. Cantwell Landrieu Rockefeller urge adoption of the Coburn amend- Mr. WARNER. Mr. President, I rise Cardin Lautenberg Sanders ment after the Inouye amendment. to speak in favor of the Coburn-Warner Cochran Leahy Schumer Conrad Levin Stabenow The PRESIDING OFFICER. The amendment. Refreshing everyone on Coons Lieberman Udall (NM) question is on agreeing to the Inouye the point I made just a couple mo- Durbin Menendez Webb amendment. ments ago, the GAO created a study Feinstein Merkley Whitehouse Mr. LEAHY. Mr. President, I ask for that gives us a guidepost of where we Franken Mikulski Wyden the yeas and nays. can start eliminating some of the du- The PRESIDING OFFICER (Mr. BEN- The PRESIDING OFFICER. Is there a plication and replication in Federal NET). On this vote, the yeas are 64, the sufficient second? programs. This does not go to the heart nays are 36. Under the previous order There is a sufficient second. of service delivery. It does go to any- requiring 60 votes for the adoption of The clerk will call the roll. body who has been a Governor or this amendment, the amendment is The bill clerk called the roll. mayor in this body, who knows you can agreed to.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5233 AMENDMENT NOS. 184 AND 217 about is really about making tough time for my friends in the House of Under the previous order, amend- choices, hard choices, difficult choices. Representatives to stop campaigning ments Nos. 217 and 184 offered by the The American people understand this. and start governing. Senator from Oklahoma are agreed to. They understand tough choices. They And remember what one of the great- Mr. GRASSLEY. Mr. President, I have to make them every day, espe- est Speakers of all time said. In fact, would like to briefly explain my vote cially now with the economy being in he was Speaker three times. He was in favor of amendment No. 273, offered the shape it is in. So should their rep- from the State of Kentucky. Henry by Senator COBURN. The amendment resentatives in Congress make tough Clay. He was known as the ‘‘great com- seeks to save at least $5 billion by con- choices. promiser.’’ He said that all legislation solidating duplicative and overlapping We are being honest with ourselves is based on mutual consensus. That is government programs. I whole- over here. We know we can’t get 100 what this is all about. But remember, heartedly support efforts to save tax- percent of what we want. That is what let’s focus on the word ‘‘mutual.’’ It payer money by eliminating waste, this negotiation is all about. That is takes both of us. fraud, abuse and inefficiency within why this is a negotiation. It is not a Mr. President, it is time to lead. the Federal Government. A congres- winner-take-all situation. I note the absence of a quorum. sional responsibility that I take very Democrats have made tough choices The PRESIDING OFFICER. The seriously is our day to conduct over- because we want to get this agreement clerk will call the roll. sight of Federal agencies. finished. We want it completed. We The bill clerk proceeded to call the I recognize that Senator COBURN’s want to keep the country running and roll. amendment is based on a Government Mr. CARDIN. Mr. President, I ask keep the momentum in the economy Accountability Office report to Con- unanimous consent that the order for that is now creating jobs. We want to gress which identified programs and the quorum call be rescinded. initiatives that have duplicative goals avoid a shutdown and the terrible con- The PRESIDING OFFICER. Without or activities. The report included 34 sequences that would follow. objection, it is so ordered. The only thing Republicans are try- areas where billions of dollars could be f saved. It included seven areas within ing to avoid is making the tough Defense Department programs. It pro- choices we need to make. We have been GOOD FAITH NEGOTIATIONS poses saving millions by consolidating more than reasonable. We have been Mr. CARDIN. Mr. President, I wish to Federal data centers that today are more than fair. We meet them halfway, spend a moment or two talking about spread across 24 Federal agencies. It and they say no. We meet them more how devastating it would be for our identifies duplication in 44 separate than halfway, and they still say no. We country and for the people of our coun- employment and training programs, meet them all the way, and they still try if, in fact, we have a government which could save millions of dollars. I say no. If Republicans were serious shutdown. also understand that the blender’s about keeping the country running, all I represent Maryland, and there are a credit for ethanol was singled out in they would have to do is say yes. lot of Federal workers in Maryland. the report. Now we learn House Republicans are They are very concerned because it will In voting in favor of the amendment, going to make another excuse, create affect them. A government shutdown I want to make clear that I do not con- another diversion, and avoid another will affect everyone in this country. It sider the ethanol blender’s credit to be tough choice. Instead of solving the will affect people who depend upon a duplicative program, nor do I believe crisis the way we should, instead of their government being there to serve it should simply be eliminated. I would saying yes, they say, in fact, what they them. also like to make clear that the GAO are going to do is pass what they will If you are depending upon a timely report suggested a number of policy op- call another short-term stopgap meas- IRS refund check and the government tions that Congress could consider ure. They will say it is short term, but is shut down and you need that money when revising the tax incentive. My what that really means is it is a short and are counting on it—it is your colleagues should know that I, along cut—a short cut around doing our jobs. money—you may find out, if the gov- with other Members of the Senate, are Instead of solving problems, they are ernment is shut down, there is no one currently working to reform and re- stalling. They are procrastinating. to talk to and that check will be de- structure the tax incentives for eth- That is not just bad policy, it is a fan- layed. anol production and consumption. tasy. If you are a person who is entitled to Many of the reforms we are exploring We all heard the President of the Social Security disability payments are the same options suggested by the United States say yesterday that he and you have a case that is pending, GAO report. won’t accept anything short of a full there will not be people there to re- It is my hope then, that the Senate solution. And why should he? We are 6 solve that case and you will have to will consider thoughtful, constructive months into the fiscal year now. Presi- wait. That could also very well affect reforms to the ethanol tax incentive, dent Obama is right. We can’t keep your ability to literally pay your bills. rather than the proposal put forth by funding our great country with one If you are doing research at NIH— Senator COBURN with amendment No. stopgap after another. The United cutting-edge research—which depends 220 that would end the incentive imme- States of America, this great country upon the continuity of the work in diately. of ours, shouldn’t have to live pay- order to discover the answers to many The PRESIDING OFFICER. The ma- check to paycheck. We are not going to of the problems we face in health care, jority leader. give up. We are going to keep talking that will be disrupted if we have a f and keep trying to find middle ground. shutdown of the government. MORNING BUSINESS The Speaker and I will go back to the The bottom line is, everyone loses if Mr. REID. Mr. President, I ask unan- White House tonight in 2 hours and 20 we have a shutdown of our govern- imous consent to proceed to a period of minutes to meet with him again to mental body. The taxpayers lose. morning business, with Senators per- continue the conversation we have Study after study shows that a shut- mitted to speak for up to 10 minutes been having for weeks with this admin- down of the government will actually each. istration. cost the taxpayers more money. It The PRESIDING OFFICER. Without We know the Republicans are afraid makes no sense at all. Yet there are objection, it is so ordered. of the tea party. That has been estab- some in the House who say: Look, lished. Now it looks as though they are bring on a shutdown. They are not ne- f also afraid of making the tough choices gotiating in good faith. They are say- BUDGET NEGOTIATIONS we have to make. But tough choices ing it is our way or the highway. Basi- Mr. REID. Mr. President, this budget are what governing is all about. They cally, they want to shut down the gov- we have spent so much time talking are what leadership is all about. It is ernment.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5234 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 We need to negotiate in good faith. It tried that before Medicare. In the early in a fiscally responsible way. Let’s get is not going to be what the Democrats 1960s, the number of seniors who could this done and move on and work to- or the Republicans want. That is how not get health care insurance was stag- gether for the sake of our Nation. the system works. You have to nego- gering. Why? Because private insur- I am convinced that if we work to- tiate in good faith. I know our leaders ance companies are not interested in gether, we can have a responsible plan are doing that. I urge all of us to un- insuring people who make claims. The and we certainly should not allow a mi- derstand the consequences of a shut- older you are, the more you will make nority in the House to block a budget down and make sure we take steps to claims on our health care system. If resolution for this year, causing the negotiate in good faith and have a seniors are at the mercy of private in- government shutdown. That is the budget agreement completed by Friday surance companies, it will be much worst case for the American people. of this week. more expensive for them, and they will I urge my colleagues to continue to I want my colleagues to understand not get adequate protection. work together so we can keep the gov- why people in my State should be very We should all be concerned about the ernment operating, reduce the deficit, concerned about the budget that passed budget that was brought out this week. and allow America to grow and com- the House of Representatives—the Re- The Medicaid system that protects our pete and meet the challenges of the fu- publican budget. It would hurt children most vulnerable, our seniors, who rely, ture. on Head Start. In Maryland, 1,795 chil- in large part, on the Medicare system With that, I yield the floor and sug- dren who are on Head Start would lose to deal with long-term care and nurs- gest the absence of a quorum. their ability to go to that program. ing care—the Republican budget would The PRESIDING OFFICER. The You know how important that is. For transfer that to the States with a clerk will call the roll. students in Maryland, they would find block grant, making it unlikely to see The bill clerk proceeded to call the that their Pell grants would be reduced the continuation of the program that is roll. by almost $700. Women would be hurt critically important, not just to people Ms. LANDRIEU. Mr. President, I ask by the loss of essential preventive who are vulnerable, but if they have to unanimous consent that the order for health services. Families would be at rely on the use of emergency rooms to the quorum call be rescinded. risk with the lack of enforcement of get care, it will be more expensive for The PRESIDING OFFICER. Without our regulatory bills that protect us on all of us. objection, it is so ordered. public health issues. The list goes on. These short-term so-called budget f It has been estimated that 700,000 savings will turn into long-term costs jobs would be lost if the House budget for our country. The Republican budget SBIR/STTR REAUTHORIZATION ACT became real. That would jeopardize our continues to do these domestic discre- OF 2011—Continued recovery. As you know, we are just tionary cuts—well beyond what we AMENDMENTS NOS. 240 AND 253 starting to see job growth. We cer- need as a nation to grow—taking, Ms. LANDRIEU. Mr. President, I ask tainly don’t want to take counter- again, our most vulnerable, those who unanimous consent that the Senate re- productive steps in that recovery. depend on government, making a col- sume consideration of S. 493 and set As we pointed out many times, the lege education more expensive and de- aside the pending amendments so that budget the House sent over is concen- nying young people the opportunities I may call up the following two amend- trating on 12 percent of Federal spend- they need. ments en bloc. They are Cardin amend- ing. We need to broaden this discus- Guess what is missing in the Repub- ment No. 240 and Snowe amendment sion, and we all understand that. It lican budget. There is no effort to deal No. 253. starts with allowing the political sys- with the revenue problems of America. The PRESIDING OFFICER. Without tem to work and for us to get together I say there is a better way to do this, objection, it is so ordered. and reach an agreement for the budget and there are 64 Senators who have The clerk will report. that is already 6 months—we are talk- come together and said: Look, we have The bill clerk read as follows: ing about the last 6 month’s budget. to deal with our national debt with a The Senator from Louisiana [Ms. LAN- In Maryland, if the House budget credible budget plan—a credible budget DRIEU] proposes en bloc amendments num- were to pass, Metro would lose $150 plan that starts with discretionary bered 240 and 253. million. This is the Nation’s transit spending cuts, and we all agree to that. The amendments are as follows: system. People would find that if the We have to reduce military spending AMENDMENT NO. 240 transit system can’t operate, the roads and deal with mandatory spending, but (Purpose: To reinstate the increase in the will be more congested and it will take we have to also deal with the revenue surety bond guarantee limits for the Small a lot longer to commute. side. Thirty-two Democrats and 32 Re- Business Administration) My point is this: The House budget— publican Senators said that. At the end, add the following: the Republican budget—is not going to The Republican budget in the House SEC. lll. SURETY BONDS. become law. It is not what the Repub- doesn’t take us down that path. It is (a) MAXIMUM BOND AMOUNT.—Section licans want or what the Democrats not a credible plan for dealing with the 411(a)(1) of the Small Business Investment want. We have to come together, and budget deficit that can pass and be en- Act of 1958 (15 U.S.C. 694b(a)(1)) is amended we are doing that. But let’s not allow a acted and give confidence not only to by striking ‘‘(1)’’ and all that follows and in- minority in the House to tell us we are the financial markets in America but serting the following: ‘‘(1)(A) The Adminis- not going to let the system work for around the world and tell the American tration may, upon such terms and conditions the best interests of the American peo- people it puts their interests first. as it may prescribe, guarantee and enter into ple. I want my colleagues to understand commitments to guarantee any surety I think, though, we should be very we don’t want to jeopardize the recov- against loss resulting from a breach of the terms of a bid bond, payment bond, perform- concerned about whether this is part of ery. We want to get our budget into ance bond, or bonds ancillary thereto, by a a plan with the Republicans, when we balance, and we have to get this year’s principal on any total work order or con- look at their budget for next year, the budget behind us. We have to deal with tract amount at the time of bond execution 2012 budget, which was released this that. President Obama is right when he that does not exceed $5,000,000. week. There are disturbing signs as to said in the State of the Union Address ‘‘(B) The Administrator may guarantee a what their intentions are. We saw it that we have to beat our competition. surety under subparagraph (A) for a total with the budget for this year and now We have to outeducate, outinnovate work order or contract amount that does not we see that continued for their budget and outbuild them and we have to do it exceed $10,000,000, if a contracting officer of a Federal agency certifies that such a guar- for next year. They literally want to in a fiscally responsible way. We can do antee is necessary.’’. turn the Medicare system into a vouch- that now if we work together and deal (b) DENIAL OF LIABILITY.—Section 411 of er program, where seniors have to rely with the budget we are currently in, the Small Business Investment Act of 1958 on private insurance companies. We which ends September 30 of this year, (15 U.S.C. 694b) is amended—

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5235 (1) by striking subsection (e) and inserting be discussed on the floor of the Senate ating while reducing spending where the following: and in Congress. we can in an effective and a smart and ‘‘(e) REIMBURSEMENT OF SURETY; CONDI- I thank particularly Senator CARDIN. constructive way, I remind our Sen- TIONS.—Pursuant to any such guarantee or I notice he is on the floor. He may ators how important this bill is be- agreement, the Administration shall reim- burse the surety, as provided in subsection want to say a word now about his cause it will be reauthorizing a pro- (c) of this section, except that the Adminis- amendment briefly. I commit to the gram that actually creates jobs in tration shall be relieved of liability (in whole Senator that we will discuss his America by the small businesses that or in part within the discretion of the Ad- amendment and Senator SNOWE’s are represented on all of our Main ministration) if— amendment as soon as we can tomor- Streets in our States and our commu- ‘‘(1) the surety obtained such guarantee or row. nities. agreement, or applied for such reimburse- I yield the floor. This is the Federal Government’s ment, by fraud or material misrepresenta- The PRESIDING OFFICER. The Sen- largest program for research and devel- tion; ator from Maryland. opment. We do not believe that only ‘‘(2) the total contract amount at the time big business, only international cor- of execution of the bond or bonds exceeds Mr. CARDIN. Mr. President, I thank $5,000,000; Senator LANDRIEU for her extraor- porations have the best technology, the ‘‘(3) the surety has breached a material dinary work and patience. She gives us best approaches, or the best methods. term or condition of such guarantee agree- credit. We give her credit for patience We actually believe there are small ment; or in the manner this legislation has been businesses, some quite tiny, just one ‘‘(4) the surety has substantially violated considered. scientist and an assistant who can the regulations promulgated by the Adminis- This bill is very important not just come up with cutting-edge technology, tration pursuant to subsection (d).’’; to the small business community but an engineer or an assistant, or a doctor (2) by striking subsection (k); and to our economy. We are talking about and an assistant, who can come up with (3) by adding after subsection (i) the fol- cutting-edge technologies that can lowing: providing the wherewithal for innova- ‘‘(j) DENIAL OF LIABILITY.—For bonds made tion in America. Small businesses will cure a disease of the time or create a or executed with the prior approval of the produce the largest amount of innova- new mechanical system or technology Administration, the Administration shall tion in this country and the largest job system that helps not only our Federal not deny liability to a surety based upon ma- growth. This bill gives them some de- agencies to cut spending, operate more terial information that was provided as part gree of predictability on getting the efficiently, but can be commercialized of the guaranty application.’’. types of resources so they can inno- in a way that creates manufacturing (c) SIZE STANDARDS.—Section 410 of the jobs and service jobs in America. Small Business Investment Act of 1958 (15 vate. I do applaud the Senator. I am proud There are many ways to get to a bal- U.S.C. 694a) is amended— anced budget. We have heard a lot (1) by striking paragraph (9); and to be part of the committee. This has (2) adding after paragraph (8) the following: been a very bipartisan bill. I thank her. about cutting spending. Yes, we need ‘‘(9) Notwithstanding any other provision I thank her for accommodating the to do that. But we also need to create of law or any rule, regulation, or order of the amendment that she was helpful in get- jobs which generate income to close Administration, for purposes of sections 410, ting passed initially, along with Sen- that budget gap. If we can get a more 411, and 412 the term ‘small business concern’ ator SNOWE, that increases the size of robust economy underway, this pro- means a business concern that meets the size surety bonds from $2 million to $5 mil- gram most certainly is one of the ones. standard for the primary industry in which I am proud of the new economic data lion, which makes a difference for a such business concern, and the affiliates of that has come out. We are not where small construction company getting such business concern, is engaged, as deter- we need to be. Unemployment is still mined by the Administrator in accordance government procurement. It is criti- too high, but it is coming down. We are with the North American Industry Classi- cally important. It has worked much not creating enough jobs, but we are fication System.’’. more successfully than we thought creating more and more every month. AMENDMENT NO. 253 when we first put the increase into ef- In large measure, it is because of some (Purpose: To prevent fraud in small business fect. We actually had a lot more con- of the work our Committee on Small contracting) tracts than we thought when we origi- Business has done, both in the stimulus (The amendment is printed in the nally suggested this. package and in our last small business RECORD of March 28, 2011, under ‘‘Text I am pleased to tell the chairman bill opening up lending, getting credit of Amendments.’’) that it has no scores as far as cost. lines started in partnership with com- Ms. LANDRIEU. Mr. President, I There is no taxpayer cost involved. munity banks. Part of it is smart pro- thank Senator CARDIN for his patience This is a win-win situation to help grams such as this. There are some and Senator SNOWE as we have worked small businesses get construction government programs that do not up through the last hour or two on work, adding to our economy and job work. This is not one of them. their two proposals. Both have to do growth. I thank our Members for being pa- with perfecting our contracting pro- I look forward to talking about this tient. We now have the Cardin-Snowe grams. While not specific to the SBIR amendment tomorrow. Hopefully, we amendments pending. We will hope- Program and STTR Program, they are will be able to get a vote. I again thank fully lock in a time to vote on those very relevant to the work we do on the the Senator for her attention. and a few others we are considering as Small Business Committee. Mr. President, I yield the floor. well. I appreciate all the Members who al- Ms. LANDRIEU. Mr. President, I Tomorrow, hopefully, we will start at lowed these two amendments to go for- wish to speak for 2 minutes in general an early hour and will continue to ward. They are pending and hopefully wrapup. There may be other Senators work on this important bill. tomorrow we can get some agreement coming to the floor. I am hopeful we on some additional votes. We have had can lock in a time to vote on Cardin f a very busy day today on the under- amendment No. 240 and the Snowe MORNING BUSINESS lying bill, the SBIR bill. We voted on amendment No. 253. There are other Ms. LANDRIEU. Mr. President, I ask seven amendments. We had heated dis- amendments, a few amendments that unanimous consent that the Senate cussions on issues that are not related are pending. Many others have been proceed to a period for the transaction to this bill but are very important to filed. The Senators are working to- of morning business, with Senators this body. gether to see what kind of accommoda- permitted to speak therein for up to 10 I thank the Senators for working in tions we can make. minutes each. good faith as we try to move through Again I remind everyone, while we The PRESIDING OFFICER. Without the many amendments that have been are working hard behind the scenes in objection, it is so ordered. filed, most of which are not germane to many rooms and meetings today to try Ms. LANDRIEU. Mr. President, I the issue at hand but are important to to keep our government open and oper- yield the floor.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5236 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 INTERCHANGE FEE REFORM non-transparent and harmful to consumers. nesses are better off with these protections; It is simply unjust to require less affluent we urge you not to allow the lobbying tac- Mr. DURBIN. Mr. President, I con- Americans who do not participate in or ben- tics of the big banks deter the enactment of tinue to receive letters weighing in on efit from the payment card or banking sys- rules that protect small business. the issue of interchange fee reform. I tem to pay for excessive debit interchange The country is counting on small busi- ask unanimous consent to have printed fees that are passed through to the costs of nesses to serve as an engine of economic re- in the RECORD letters or statements goods and services. As a result, NBCI does covery and create the jobs we need to get from the following organizations: the not support Congressional delay of imple- people back to work across America. The Rainbow PUSH Coalition, the Main mentation of the new law. debit interchange provisions enacted in the Street Alliance, Consumer Federation As you may know, The National Black financial overhaul last year and codified in Church Initiative (NBCI) is a faith-based co- the new rules support these aims. We urge of America, and the National Black alition of 34,000 churches comprised of 15 de- you to fight efforts to delay or derail the im- Church Initiative. nominations and 15.7 million African Ameri- plementation of these rules. There being no objection, the mate- cans committed to eradicating racial dis- Mike Craighill, Soup and Such, Billings, rial was ordered to be printed in the parities and improving the lives of African MT; Garry Owen Ault, All Makes Vacu- RECORD, as follows: Americans nationwide. um, Boise, ID; Nancie Koerber, Cham- APRIL 1, 2011. We oppose efforts to delay implementation pions Real Time Training, Central DEAR SENATOR: The Rainbow PUSH Coali- of the Durbin amendment through Congres- Point, OR; David Borris, Hel’s Kitchen tion expresses its views on the Durbin swipe sional action. The new law gives the Federal Catering, Northbrook, IL; Carson fee reform amendment now being debated in Reserve adequate authority it can use with- Lynch, Gorham Grind, Gorham, ME; the Congress. Rainbow PUSH is a strong ad- out delay to make sure that the debit inter- Tammy Rostov, Rostov’s Coffee & Tea, vocate of the Dodd-Frank financial reform change reimbursement financial institutions Richmond, VA. legislation which provides critical consumer receive covers their legitimate, incremental Kelly Conklin, Foley-Waite Associates, protections and safeguards against predatory costs for providing debit card services. We Bloomfield, NJ; Melanie Collins, lending. know that there are banks, like BB&T for Melanie’s Home Childcare, Falmouth, The Durbin swipe fee reform amendment example, who would like to delay this proc- ME; Rashonda Young, Alpha Express, should be implemented as scheduled. It will ess. Their continued profit off the backs of Inc., Waterloo, IA; Jose Gozalez, Tu usher in needed reform to bring competition, low income African Americans will no longer Casa Real Estate, Salem, OR; Rosario transparency and choice to the interchange be tolerated and we will continue to advo- Reyes, Las Americas Business Center, system, and provide incentives for the retail cate on behalf of laws that support our agen- Lynnwood, WA. sector to pass on interchange savings to da. lower the price of products for consumers. From a consumer point of view, the cur- CONSUMER FEDERATION OF AMERICA, Numerous consumer rights organizations, rent interchange system is not defensible. Washington, DC. civil rights groups, universities, unions, and Feeble competition in the payment card POSITION OF THE CONSUMER FEDERATION OF other constituencies have weighed in to sup- marketplace has led to unjustifiably high AMERICA ON DEBIT CARD ‘‘INTERCHANGE’’ port swipe fee reform. debit interchange fees that the poorest FEE LEGISLATION AND RULES Americans, generally cash customers, are re- We respect the concerns that some groups NO POSITION ON DEBIT INTERCHANGE LAW OR ON quired to subsidize at the store and at the have raised about the provision, but are un- LEGISLATION TO DELAY IT convinced that a delay in its implementation pump. CFA did not take a position on the ‘‘Dur- as proposed by Sen. Tester and the American Thank you for your consideration of our bin Amendment’’ to the Dodd-Frank Wall Banking Association (representing the finan- views. Please contact us directly to discuss Street Reform and Consumer Protection Act cial services industry) will be beneficial to these important issues. and has also not supported or opposed legis- consumers and students, and small busi- Sincerely, lation introduced in Congress to delay the nesses. It appears that their interest is to REV. ANTHONY EVANS, interchange law. maintain a deregulated environment to con- President, National Black Church Initiative. tinue the virtual monopoly status of the FEDERAL RESERVE SHOULD ALTER PROPOSED credit card transaction process, and to pro- MARCH 31, 2011. RULE IMPLEMENTING DEBIT INTERCHANGE LAW tect their massive profits derived from debit To: U.S. Senators and Representatives. CFA filed comments with the Federal Re- interchange fees. Re Main Street Alliance support for imple- serve in February (http:// Deregulation, greed and lack of congres- menting debit interchange protections www.consumerfed.org/pdfs/debit-cards-FRB- sional oversight led to the most severe eco- for small businesses in the Restoring interchange-rule-comments–2–22–11.pdf) that nomic collapse since the great depression. American Financial Stability Act of 2010. came to the following conclusions: But Wall Street got billions in public funds DEAR SENATOR DURBIN: The Main Street The current interchange system is uncom- because they were deemed too big to fail— Alliance, a national network of small busi- petitive, non-transparent and harmful to they’ve been bailed out and are once again ness coalitions representing small business consumers. Feeble competition in the pay- recording record profits and issuing millions owners across America, writes to express our ment card marketplace has led to in executive bonuses, while homeowners and strong support for the provision of the Re- unjustifiably high debit interchange fees working families are still left out. The big storing American Financial Stability Act of that the poorest Americans are required to banks are already charging consumers high- 2010 that set out to ensure that debit card subsidize. It is simply unjust to require less er interest rates and raising consumer fees interchange fees are reasonable and propor- affluent Americans who do not participate in to record levels in virtually every dimension tional. This provision is an important step or benefit from the payment card system to of banking and credit card use. We stand toward putting small businesses back on sta- pay excessive fees that are passed through to ready to meet with all concerned to ensure ble footing by limiting burdensome fees on the cost of goods and services. the implementation of a sustainable debit small businesses when we process debit The Federal Reserve should ensure that fi- card system going forward. transactions. nancial institutions are reimbursed for le- The Durbin credit card swipe fee amend- Small businesses have faced ever-rising gitimate, incremental debit card costs as it ment will afford the protections and regula- fees on debit card transactions over the finalizes rules that implement the new inter- tions that consumers need. years. For some businesses, these inter- change requirements. In particular, the Fed- Sincerely, change fees have grown to the point that eral Reserve should increase proposed inter- REVEREND JESSE L. JACKSON, SR., they represent some of the highest operating change price standards as allowed under law President and Founder, costs, rivaling the costs of labor and utili- to include several specific expenses incurred Rainbow PUSH Coalition. ties. There is no such thing as fair competi- by financial institutions when processing tion in this market: the card companies have debit card transactions. If such compensa- MARCH 31, 2011. a duopoly. Limiting fees to twelve cents per tion does not occur, these institutions could Senator DICK DURBIN, transaction, as proposed in new rules, will increase debit card and other related bank- Assistant Majority Leader, Hart Senate Bldg., free small businesses from disproportionate ing charges on their least desirable and most Washington, DC. and burdensome costs, allowing economic financially vulnerable consumers: low-to- DEAR SENATOR DURBIN: We write to express growth. moderate income account holders. the National Black Church Initiative’s con- The new rules are a step forward, a step to- Once it is implemented, the Federal Re- tinued support for the Durbin swipe fee ward parity and a reasonable balance. We serve should pay close attention to how it af- amendment which we supported and was in- ask that these rules not be delayed further. fects the financial viability of small deposi- cluded in the Dodd-Frank Wall Street Re- Implementing them as planned this summer tory institutions, especially credit unions, form and Consumer Protection Act. The cur- will provide a shot in the arm for small busi- which often provide safe, lower-cost finan- rent interchange system is uncompetitive, nesses and our local economies. Small busi- cial services to millions of Americans.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5237 The Federal Reserve should launch a achievement. And the Lady Aggies’s ing the faithful Aggie Yell Leaders leading broad, balanced study upon implementation success would be incomplete without the crowd, the Hullaballoo band doing a ren- of the effects of the rule on consumers. great athletes such as MVP and All- dition of ‘‘Sweet Caroline’’ that would make Neil Diamond proud, and the crowd respond- f American, Danielle Adams and her ing, ‘‘Aggies Ball!’’ every time PA announcer CONGRATULATION TEXAS A&M teammates: Kelsey Assarian, Maryann Mark Edwards would identify ball possession LADY AGGIES Baker, Kristi Bellock, Kelsey Bone, for the team. Mike Wright and Tap Bentz, Sydney Carter, Skylar Collins, Sydney with their radio play-by-play, kept those in Mrs. HUTCHISON. Mr. President, Colson, Adaora Elonu, Karla Gilbert, touch who couldn’t get there in person, and something happened last night, and I Kristen Grant, Adrienne Pratcher, local TV KBTX did their best to show high- feel compelled to say on the floor of Catherine Snow, Tyra White, and lights. And yet, the second deck of Reed was the Senate that I am very proud of the Cierra Windham. filled only once, when Baylor came calling. Texas Aggies women who won the Today, it is my honor to join with With a solid loss at the hands of the Greiner- NCAA national basketball champion- Mulkey-driven offense, those who’d come to the entire Texas A&M University fam- see the game left, and some didn’t come ship. ily and the State of Texas to honor the back. That didn’t faze the Lady Aggies or It is so important, I want to say a Aggies. This team has learned what it the coaching staff. couple of words about that, because takes to become national leaders. The As part of Coach Blair’s and Coach Schae- this is the first national championship experience that each of these athletes fer’s mandate, the Lady Aggies participate that the Lady Aggies have ever won. It has gained in this endeavor is invalu- in a multitude of community charity events. was a great game last night. I certainly able, and it will surely lead to future One night last October, the starting players congratulate the Notre Dame Fighting success in life. and waiting-in-line players crowded into a Double Dave’s to participate in a pepperoni- Irish as well. But the Texas Aggies The following article written by roll making contest against the men’s team, played with spirit. They came from be- Dawn Lee Wakefield for the Exam- and then stayed to visit with the crowd, hind at the half, and 76 to 70, they de- iner.com describes Coach Blair’s and thank them for coming out to support them, feated Notre Dame. the Aggies’s persistent and positive ap- by contributing to United Way, and once I congratulate the Texas Aggie la- proach to the game and this exciting again, they went home to study. They’re dies, but I also want to say that Texas championship series: some of the hardest-working kids in town, A&M’s coach, Gary Blair, became the [From the Texas A&M University Arts and yet the words ‘‘national champions’’ Examiner, Apr. 6, 2011] were never spoken, or expected by those who oldest coach to ever win a national loved them ‘anyway’. women’s championship. He has turned TEXAS A&M WOMEN’S BASKETBALL, NCAA It is surreal to some to think that, the the Lady Aggies basketball team into CHAMPIONS WIN IT FOR THE AGGIE FAMILY newly crowned national champions, Texas this national championship team. (By Dawn Lee Wakefield) Aggie Women’s Basketball, has for years re- I mention Danielle Adams. Her All BRYAN-COLLEGE STATION.—Texas A&M mained the best kept secret on campus. American performance last night was University sports fans around the world cele- Until tonight. brated another important first tonight, their Throughout the NCAA championship se- incredible. It is a great day. I am a very first NCAA Women’s Basketball Cham- ries, the Lady Aggie basketball team over- Texas Longhorn, and most days I am pionship. For almost as long as TAMU came naysayers, doubters, and brutal phys- for all of our Texas teams, and I love to Women have been competing in NCAA ath- ical competition in the most exciting display say ‘‘Gig ‘Em Aggies.’’ There is one day letic competition, the road has been long, of Aggie spirit shown in years. They did it by that I cannot say that. That is Thanks- and the ability to gain respect for the team creating a sense of family, with whomever giving Day. But 364 days a year, I am has been tough. A real battleground in fact. embraced their love of basketball, the coach- all for the Aggies when they are play- Even as recently as four months ago, you ing staff, and Texas A&M University. Never was the spirit of Aggieland greater than ing. And when they played like they couldn’t get a crowd into Reed Arena to see the Lady Aggies play basketball. But that after each game, seeing President Loftin did last night in any sport, all America all changed tonight, in 40 short minutes of (easily recognizable in his signature bow tie) should recognize it. play, in the heart of Indianapolis, Indiana, in the middle of a long line of Aggies, ‘‘saw- With that, I wish to say that my col- seen around the world on ESPN. ing varsity’s horns off’’ as they sang the league Senator CORNYN and I are going On-campus support for TAMU Athletic Texas Aggie fight song after each victory. to ask unanimous consent to offer a teams, by the Aggie student body is leg- Local business sponsors paid countless thou- resolution congratulating the Lady endary, for that trademarked 12th Man Spir- sands of dollars to create ‘‘jewelry cam’’, Aggies of Texas A&M on winning the it. Even more in the forefront of all sports is ‘‘kiss cam’’, ‘‘know your Aggie players— the 12th Man Foundation (formerly the what’s on their iPod’’, ‘‘the berney cam’’ and 2011 National Collegiate Athletic Asso- Aggie Club), whose mission it is to garner flying blimps to make each game an event, ciation women’s basketball champion- funds and endowments by which to support an exciting event, and share the love of fam- ship. Texas A&M Athletics. And yet, it was not all ily Aggie basketball style. Mr. CORNYN. Mr. President, con- that long ago that a few hundred stalwart The prelude to the national championship gratulations to the Texas A&M Wom- fans would arrive at Reed Arena (there was was nothing short of high-octane spectac- en’s Basketball team for their NCAA no charge to park as in men’s games, because ular. Almost 500 Aggie fans waited in the Women’s Division I Basketball Cham- they really didn’t expect much of a crowd), basement of Reed Arena in the Aggie prac- pionship victory against Notre Dame. that Coach Blair himself would walk up and tice room 3 weeks ago, to find out what the down the steps of Reed Arena, carrying bags NCAA draw would be, and where they were The game was an exciting and hard of candy, tossing them to fans and thanking to begin their journey to the Sweet Sixteen. fought victory, and a fitting end to a them for coming. When the announcement came on ESPN, championship season. Never one to be subtle, Coach Blair would ‘‘Shreveport’’, the cheers were deafening as Thanks to the Aggies’s hard work, work the crowd by saying, ‘‘bring a friend Aggie fans knew they were within driving determination and tireless work ethic, next time, bring two friends; let’s fill this distance to watch the first, and hopefully they have finished out the 2010–2011 place!’’ After each game, the Lady Aggies second, round of play as the bracket opened, season with a strong 33–5 record, sec- didn’t head to the locker rooms to rest after and the race was on, the only goal at the ond place finish in the Big 12 Con- a hard-fought game right away. Instead, time, to make the Sweet 16, out of the Su- they would come up into the stands and perb 64. ference and a National Championship thank people for coming. Week after week, Just being in the NCAA championship was title. game by game, it simply mystified the Aggie enough, almost, for most Aggie fans. It was I salute head coach Gary Blair for faithful in attendance as to ‘‘what are they an unprecedented thrill to think that this coaching the Aggies to their first thinking’’ about why the TAMU Athletic year’s team had the perfect combination of NCAA Women’s Division I Basketball Ticket office wasn’t being pushed for ticket talent, strategy, coaching staff, and the Championship after 38 years of helping sales. Every game the Lady Aggies gained hearts and minds of players who refused to young women compete and reach their style, grace, accuracy, and stature and yet, let go of one goal, and one goal only: Vic- tory. Getting that W. The girls studied in full potential. Associate head coaches the only crowds of Aggies lined up to camp out for ticket-pulls for student tickets were buses, on planes, at 2 a.m. when the rest of Vic Schaefer and Kelly Bond, and as- for the men’s games. Aggieland was fast asleep. The Lady Aggies sistant coach Johnnie Harris also They didn’t know what they were missing, knew how important it was to stay true to worked to lead the team to this fine the ones who weren’t there. They were miss- the title ‘‘student-athletes’’.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5238 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 On March 20th in Shreveport, the been his players at South Oak Cliff High Carter, Sydney Colson, Adora Elonu, CenturyTel Center still had plenty of room School. And, true to form, Coach Blair had Maryann Baker, Adrienne Pratcher, Kelsey in the stands for Aggie fans, but the faithful mentioned each and every team he’d been a Assarian, Karla Gilbert, Kristi Bellock—bat- alumni, friends, and fans of the Lady Aggies part of in his thank-you speech following the tered, bruised, in visible pain, tossed and made the pilgrimage with joy and great ex- game. A man who’s never forgotten who slammed onto the floors of field houses, are- pectation to watch them defeat McNeese brung him to the dance, was now ‘‘going to nas, and stadiums, play after play, time after State by the score of 87 to 47. The crowd re- the dance’’ in Indianapolis. time, just got back up and showed America action was joyful, and yet people were just Though the distance was longer, those who what it meant to be a proud ‘Fightin’ Texas thrilled to be there, not thinking much could afford the charter planes, the buses, or Aggie’. about the next game to come against Rut- the time and gas to drive made their plans to ‘‘Some may boast of prowess bold, of the gers. When the Lady Aggies made short work attend the Final Four in Indianapolis. The school they think so grand, but there’s a of Rutgers with a score of 70 to 48, the Aggie Final Four was in store, and all eyes were spirit that’s ne’er been told. It’s the Spirit of family was again surprised, if not thrilled, to only on the prize of eliminating the Stanford Aggieland. We are the Aggies, the Aggies are be going to the Sweet 16, at last. Cardinal. No other goal was announced. We, true to each other as Aggies can be. Advancing to the NCAA 3rd round on Stanford was considered in the same light as We’ve got to fight boys (old traditions die March 27th, again, Aggie fans picked up the Aggies. A number 2 seed. Overlooked. hard), we’ve got to fight, we’ve got to fight numbers, if not their speed, as they gassed Relegated to the category of ‘‘nice, but not a for maroon and white. After they’ve boosted up their cars and planes for the short hop to contender’’. all the rest, they will come and join the best, Dallas, to the American Airlines center to How wrong the rankings can be in pre- for we are the Aggies, the Aggies are we. watch their team face Georgia’s Lady Bull- dicting who is the champion of the day. The We’re from Texas AMC’’. The words to the dogs. Georgia was at first an ‘unknown quan- oft-used expression, ‘‘any given day’’ was school song never sounded sweeter as they tity with potential and power,’ but the Lady never more true than when the Lady Aggies did to those who witnessed history in the went back to work, and walked out of Aggies came to play, making short work of making, in a fieldhouse in Indianapolis. Conseco Field House with a 63 to 62 win, Wednesday, April 6th at 2 p.m., history will their solid opponent, 79 to 38, in a game that thanks to Sydney Colson’s pass to Tyra be made once again. The Lady Aggies will be looked much like a 3-point shooting clinic. White for the layup, and 39 minutes and 45 at Reed Arena to be greeted by their Texas The work of the Big D, defense, proved to be seconds of defense, defense, defense, and the Aggie family, the Aggie Nation, and at last a powerful force meeting an immovable ob- hot shooting arms of every player who made their time has come. Word to the wise: get ject. their play a key’ play. Fans were stunned. It there early if you’re going. For the first time Not only was Tuesday, March 29th the oc- seemed too good to be true. in the history of Women’s basketball, there’s casion of the 4th round of the NCAA finals, The Championship game was in sight, and going to be a parking problem to welcome that Elite 8 night, it marked the 4th the Championship title was at stake. Could home the champions. matchup between Texas A&M and the highly it be, that same team, who 16 short weeks The Lady Aggies have brought honor, dig- advertised Baylor Bears. Three times, the ago couldn’t find a crowd had emerged as a nity, and joy to those who call TAMU their Aggies had met them; three times they had national powerhouse, a force to be reckoned team. Sunday night, TV audiences were fallen, as hard as Kim Mulkey’s snakeskin with, was now the darling of ESPN up-close treated to a one-shot of a little fellow hold- jacket hit the ground in disgust one night interviews, sound bytes by Blair, and the ing up a cardboard sign saying, ‘‘Coach Blair when she didn’t like the referee calls. contemplation of Vic Schaefer’s ‘drawing is my hero’’. That went viral across Although 11,000+ fans crowded into Dallas’ board’ where he’d drive that defense to excel- Facebook and Twitter. Turns out, it was the American Airlines Center to watch ‘‘The 4th lence each and every game of the way. Blair coach’s grandson, Logan. His sign tonight, time’s (hopefully) a Charm’’ matchup, the and Schaefer, together with Associate Head shown to the nation, said, ‘‘after we win gold and green far outweighed the maroon Coach Kelly Bond and Assistant Head Coach, Coach Blair is taking me to Disneyland’’. and white in the seats. And yet, the Aggies Johnnie Harris, are not to be overlooked. That only seems fair, as Coach Blair took gathered, the faithful, were loud, proud, and Team. Family. United. Aggies. Spirit per- Aggies everywhere to the top of the college the happiest people in the state of Texas sonified filled each player with a sense of sports world tonight. And it was the ride of with a victory that was hard fought, in a family such that even the motto printed on a lifetime, and sheer joy every minute of night where the Lady Aggies refused, again, the tickets at the beginning of the season every game of every season. Gig em, Aggies, to give in to negative expectations. Instead, read, ‘‘This is Home’’. for tonight you are indeed the NCAA Cham- they focused mentally on the ‘‘+’’ sign that So, tonight, as Texas A&M set out to prove pions. Coach Blair draws on the back of his left their worth outside the walls of their home- f hand, self-created to remind him to stay town, they were taking on a first-class team positive throughout the game. with a second-tier rating in Notre Dame. It NONPROLIFERATION BUDGET ‘‘They’re kids, 18–22, and this is just a was the Fighting Texas Aggies vs. the Fight- game’’ as he announced as a reminder to all Mr. CASEY. Mr. President, I rise ing Irish. How appropriate. For 40 minutes of today to discuss the proposed cuts to that sports were about sportsmen and sports- regulation play, all these players did was women, in the spirit of competition. Lessons fight, not against each other as much as nuclear nonproliferation programs in well taught. Lessons well learned. Every against misperceptions, being overlooked, the continuing resolution, which I be- after-game interview, you’d hear one word disregarded, and essentially underappre- lieve seriously endangers our Nation’s above the rest. ‘‘TEAM’’. No stars, even ciated as the true champions each team security. When the Senate was pre- among the player of the game. It was ‘‘my came to be realized before the game started. sented with H.R. 1, the House’s fiscal team, our team, this team’’. The class pos- Aggie fans throughout the Brazos Valley sessed by the Lady Aggies spoke for itself, year 2011 appropriations bill, we all jammed the restaurants, bars, and homes of knew that sacrifices were needed. We loud and clear. their friends, anywhere there was a TV pow- The chant went up, ‘‘Final Four, Final ered ‘on’, it was tuned to ESPN from 6 p.m. knew that we needed to examine pro- Four’’ after the Lady Aggies stunned Baylor, central until at least midnight, as the Wom- grams and determine which were bro- 58 to 46. The Aggie faithful didn’t want to en’s Basketball team pulled out all the stops ken, which were redundant, and which leave the American Airlines center as they on offense and defense. needed to be eliminated. Likewise, we stood and swayed to the Aggie war hymn, With a ‘‘never-say-die’’ spirit, the can-do also had a responsibility to determine and watched each member of the team, the Aggies, led by America’s favorite new coach, which programs worked and provided yell leaders, Lady Aggie Dance Team, Gary Blair, and King of Defense, Vic Schae- positive returns on investments for our Hullaballoo band, staff, and the sports an- fer, let loose and held forth as the Aggies nouncers each cut down a piece of the win- pulled out a 76–70 victory that still seems security and economic stability. ning game net. Coach Blair thanked every- unreal, unless you saw it yourself. Never. I would assert that the National Nu- one for coming and encouraged people who Say. Die. The Lady Aggies, per Coach Blair’s clear Security Administration’s, could to make that trip to Indianapolis to pre-game speech, stayed on the bus, to come NNSA, nonproliferation programs fall root on their team in the Final Four. out winners. Said Blair, ‘‘if you don’t plan on into this category. For the past decade, Outside the arena in the hallways of the winning tonight, then get off the bus. one threat has dominated our national American Airlines center, Aggie faithful There’s only one thing that counts. Win- security agenda: the threat of a nu- made new friends among those who’d lin- ning’’. Taking his words to heed, each team clear weapon in the hands of a ter- gered to absorb the joy of the Elite Eight to member committed to that outcome, and Final Four pathway. With tears in their eyes rorist. emerged the first national champions in Yet when H.R. 1 passed in February, and joy shining from their countenance, Texas A&M Women’s basketball. History was three women introduced themselves to the made. the House proposed a 24-percent cut to BCS fans, saying ‘‘that’s our Coach, that’s Throughout the NCAA series the team: the President’s request for NNSA non- our Coach’’ about Blair. Turns out they’d MVP Danielle Adams, Tyra White, Sydney proliferation programs. These cuts

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I MESSAGE FROM THE HOUSE question why such highly effective pro- Academy of Recording Arts in recogni- ENROLLED BILL SIGNED grams, vital to our national security tion of their contributions to the music At 10:09 a.m., a message from the interests, were targeted in the first industry. Born and raised on the island of House of Representatives, delivered by place. Maui, Freddie and Ernest Tavares ex- Mr. Novotny, one of its reading clerks, I would contend that should a ter- hibited musical talent at an early age. announced that the Speaker has signed rorist set off a nuclear or radiological Both men enjoyed long careers in the following enrolled bill: explosion, the physical, psychological music and played important roles in H.R. 4. An act to repeal the expansion of and economic consequences would far popularizing Hawaiian music across information reporting requirements for pay- exceed the money saved by these short- the United States. ments of $600 or more to corporations, and sighted cuts. As a musician, Ernest did it all. He for other purposes. was a singer-songwriter, arranger, and The Congressional Commission on The enrolled bill was subsequently inventor. His innovations led to the the Strategic Posture of the United signed by the President pro tempore creation of the modern pedal steel gui- States stated that ‘‘the surest way to (Mr. INOUYE). tar, which he played with the Harry f prevent nuclear terrorism is to deny Owens Royal Hawaiian Orchestra, Paul acquisitions of nuclear weapons or Page’s South Sea Serenade, and T. INTRODUCTION OF BILLS AND fissile material,’’ and that the United Texas Tyler & His Western Dance JOINT RESOLUTIONS States should ‘‘accelerate’’ not decel- Band. He also played the electric bass, The following bills and joint resolu- erate the process of securing nuclear ukulele, flute, clarinet, saxophone, tions were introduced, read the first material. In the Commission’s opinion piano, and Hawaiian & Tahitian drums. and second times by unanimous con- this should be ‘‘the top priority’’ for Freddie Tavares, Ernest’s younger sent, and referred as indicated: the United States, especially in light of brother, shared this love of music and By Ms. STABENOW: al-Qaida’s expressed desire to obtain innovation. Collaborating with guitar S. 734. A bill to provide for a program of re- nuclear material or weapons. legend Leo Fender, Freddie played an search, development, demonstration, and H.R. 1 cuts more than $600 million important role in designing the Fender commercial application in vehicle tech- nologies at the Department of Education; to from the Global Threat Reduction Ini- Stratocaster, a guitar that is the standard for many rock musicians. His the Committee on Energy and Natural Re- tiative, which seeks to secure nuclear sources. material before it ends up in terrorist work and dedication earned him induc- By Mr. KERRY: hands. These program cuts are not only tion into the Steel Guitar Hall of Fame S. 735. A bill to reauthorize the Belarus De- irresponsible, they are negligent. and the Fender Hall of Fame. Freddie mocracy Act of 2004; to the Committee on also performed with many notable art- Foreign Relations. Nonproliferation programs are a vital ists, such as Bing Crosby, Elvis Pres- By Mr. BROWN of Ohio: part of our Nation’s security and ley, Dean Martin, the Andrews Sisters, S. 736. A bill to improve the Fugitive Safe should be treated as such. This view is and Henry Mancini. Surrender Program; to the Committee on the shared by former Presidents and na- Throughout their musical careers, Judiciary. By Mr. MORAN (for himself and Mr. tional security experts and has been in- Freddie and Ernest Tavares performed CRAPO): cluded in our National Security Strat- in many record albums and movie S. 737. A bill to replace the Director of the egy that was developed by various soundtracks. Both brothers also col- Bureau of Consumer Financial Protection agencies, including the Departments of laborated in numerous performances with a 5-person Commission, to bring the Bu- Defense, State and Energy, as well as and shows. Their many talents and in- reau into the regular appropriations process, the National Security Council. In a novations had a great impact on the and for other purposes; to the Committee on July 14, 2010 letter to the chairman and music industry and made Hawaii Banking, Housing, and Urban Affairs. ranking member of the Senate Foreign proud. By Ms. STABENOW (for herself and Ms. COLLINS): Relations Committee, former Sec- Long before being elected to Con- S. 738. A bill to amend title XVIII of the retary of State George Shultz and gress, I taught music and band in Ha- Social Security Act to provide for Medicare former Chair of the Senate Armed waii’s schools, and I am honored to rec- coverage of comprehensive Alzheimer’s dis- Services Committee Sam Nunn wrote ognize Freddie and Ernest for their nu- ease and related dementia diagnosis and that they ‘‘believe the threat of nu- merous and invaluable accomplish- services in order to improve care and out- clear terrorism remains urgent, fueled ments in the music business. Although comes for Americans living with Alzheimer’s by the spread of nuclear weapons, ma- both brothers are no longer with us, I disease and related dementias by improving extend my aloha and sincere thanks to detection, diagnosis, and care planning; to terials and technology around the the Committee on Finance. world.’’ They further concluded that it the Tavares family for keeping the leg- By Mr. LEVIN (for himself, Mr. SCHU- ‘‘is absolutely essential’’ for the United acy of Freddie and Ernest Tavares MER, Mr. ALEXANDER, Mr. KERRY, Ms. States and Russia to lead these efforts. alive.∑ MURKOWSKI, Mr. BINGAMAN, Mr. f MERKLEY, and Ms. STABENOW): I urge my colleagues today for their S. 739. A bill to authorize the Architect of support in ensuring that we do all we MESSAGES FROM THE PRESIDENT the Capitol to establish battery recharging can to limit the ability of terrorists to Messages from the President of the stations for privately owned vehicles in get their hands on fissile material. We United States were communicated to parking areas under the jurisdiction of the all recognize and have referred to this the Senate by Mr. Pate, one of his sec- Senate at no net cost to the Federal Govern- ment; to the Committee on Rules and Ad- threat. And now we have an oppor- retaries. tunity to do something about it. Nu- ministration. f clear proliferation is a top concern and By Mr. REED (for himself, Ms. MUR- EXECUTIVE MESSAGES REFERRED KOWSKI, Mr. DURBIN, and Mr. UDALL we as a nation can effectively lead the of New Mexico): world in nuclear security and decrease As in executive session the Presiding S. 740. A bill to revise and extend provi- the threat posed by nuclear terrorism. Officer laid before the Senate messages sions under the Garrett Lee Smith Memorial

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Act; to the Committee on Health, Education, cellulosic biofuel to include algae-based (Mr. WHITEHOUSE) was added as a co- Labor, and Pensions. biofuel for purposes of the cellulosic biofuel sponsor of S. 146, a bill to amend the By Mr. UDALL of New Mexico (for producer credit and the special allowance for Internal Revenue Code of 1986 to extend himself, Mr. UDALL of Colorado, Mr. cellulosic biofuel plant property; to the Com- the work opportunity credit to certain BENNET, Mr. CARDIN, Mr. KERRY, Mr. mittee on Finance. MENENDEZ, Mr. MERKLEY, Mr. SAND- By Mr. DURBIN (for himself, Mrs. recently discharged veterans. ERS, Mr. WHITEHOUSE, and Ms. KLO- BOXER, Mr. CARDIN, Mr. FRANKEN, S. 227 BUCHAR): Mr. HARKIN, Mr. KERRY, Ms. KLO- At the request of Ms. COLLINS, the S. 741. A bill to amend the Public Utility BUCHAR, Mr. LEAHY, Mr. MERKLEY, name of the Senator from Hawaii (Mr. Regulatory Policies Act of 1978 to establish a Ms. MIKULSKI, Mr. SANDERS, Mrs. INOUYE) was added as a cosponsor of S. renewable electricity standard, and for other SHAHEEN, and Mr. TESTER): 227, a bill to amend title XVIII of the purposes; to the Committee on Energy and S. 749. A bill to establish a revenue source Social Security Act to ensure more Natural Resources. for fair elections financing of Senate cam- By Mr. BROWN of Ohio: paigns by providing an excise tax on timely access to home health services S. 742. A bill to amend chapters 83 and 84 of amounts paid pursuant to contracts with the for Medicare beneficiaries under the title 5, United States Code, to set the age at United States Government; to the Com- Medicare program. which Members of Congress are eligible for mittee on Finance. S. 339 an annuity to the same age as the retire- By Mr. DURBIN (for himself, Mrs. At the request of Mr. BAUCUS, the ment age under the Social Security Act; to BOXER, Mr. CARDIN, Mr. FRANKEN, name of the Senator from New York the Committee on Homeland Security and Mr. HARKIN, Mr. KERRY, Ms. KLO- (Mrs. GILLIBRAND) was added as a co- Governmental Affairs. BUCHAR, Mr. LEAHY, Mr. MERKLEY, sponsor of S. 339, a bill to amend the By Mr. AKAKA (for himself, Ms. COL- Ms. MIKULSKI, Mr. SANDERS, Mrs. LINS, Mr. GRASSLEY, Mr. LIEBERMAN, SHAHEEN, and Mr. TESTER): Internal Revenue Code of 1986 to make Mr. LEVIN, Mr. CARPER, Mr. LEAHY, S. 750. A bill to reform the financing of permanent the special rule for con- Mr. HARKIN, Mr. PRYOR, Ms. LAN- Senate elections, and for other purposes; to tributions of qualified conservation DRIEU, Mrs. MCCASKILL, Mr. TESTER, the Committee on Rules and Administration. contributions. By Mr. BROWN of Ohio (for himself Mr. BEGICH, and Mr. CARDIN): S. 398 S. 743. A bill to amend chapter 23 of title 5, and Mr. KIRK): At the request of Mr. BINGAMAN, the United States Code, to clarify the disclosures S. 751. A bill to require the Secretary of of information protected from prohibited Commerce to develop a comprehensive na- name of the Senator from Delaware personnel practices, require a statement in tional manufacturing strategy, and for other (Mr. CARPER) was added as a cosponsor nondisclosure policies, forms, and agree- purposes; to the Committee on Commerce, of S. 398, a bill to amend the Energy ments that such policies, forms, and agree- Science, and Transportation. Policy and Conservation Act to im- ments conform with certain disclosure pro- By Mrs. FEINSTEIN (for herself, Mr. prove energy efficiency of certain ap- tections, provide certain authority for the ISAKSON, and Mr. KERRY): pliances and equipment, and for other S. 752. A bill to establish a comprehensive Special Counsel, and for other purposes; to purposes. the Committee on Homeland Security and interagency response to reduce lung cancer S. 431 Governmental Affairs. mortality in a timely manner; to the Com- By Mr. CARDIN (for himself, Mrs. mittee on Health, Education, Labor, and At the request of Mr. PRYOR, the FEINSTEIN, Mr. LIEBERMAN, and Mr. Pensions. names of the Senator from Mississippi KERRY): By Mrs. GILLIBRAND: (Mr. COCHRAN), the Senator from Geor- S. 744. A bill to authorize certain Depart- S. 753. A bill to require the Assistant Sec- gia (Mr. CHAMBLISS) and the Senator retary of Commerce for Economic Develop- ment of State personnel, who are responsible from Alabama (Mr. SESSIONS) were ment to establish an early-stage business in- for examining and processing United States added as cosponsors of S. 431, a bill to passport applications, to access relevant in- vestment and incubation grant program, and for other purposes; to the Committee on require the Secretary of the Treasury formation in Federal, State, and other to mint coins in commemoration of the records and databases, for the purpose of Commerce, Science, and Transportation. verifying the identity of a passport applicant f 225th anniversary of the establishment of the Nation’s first Federal law en- and detecting passport fraud, and for other SUBMISSION OF CONCURRENT AND purposes; to the Committee on the Judici- forcement agency, the United States ary. SENATE RESOLUTIONS Marshals Service. By Mr. SCHUMER: The following concurrent resolutions S. 491 S. 745. A bill to amend title 38, United and Senate resolutions were read, and At the request of Mr. PRYOR, the States Code, to protect certain veterans who referred (or acted upon), as indicated: name of the Senator from Iowa (Mr. would otherwise be subject to a reduction in educational assistance benefits, and for By Mr. NELSON of Nebraska (for him- GRASSLEY) was added as a cosponsor of other purposes; to the Committee on Vet- self, Mr. DURBIN, Ms. CANTWELL, and S. 491, a bill to amend title 38, United erans’ Affairs. Mrs. MURRAY): States Code, to recognize the service in S. Res. 132. A resolution recognizing and By Mr. SHELBY (for himself, Mr. the reserve components of the Armed honoring the zoos and aquariums of the DEMINT, Mr. ALEXANDER, Mr. United States; to the Committee on Environ- Forces of certain persons by honoring COBURN, Mr. CORKER, Mr. CORNYN, ment and Public Works. them with status as veterans under Mr. CRAPO, Mr. ENSIGN, Mrs. By Mr. FRANKEN: law, and for other purposes. HUTCHISON, Mr. INHOFE, Mr. ISAKSON, S. Res. 133. A resolution to require that S. 578 Mr. JOHANNS, Mr. JOHNSON of Wis- new war funding be offset; to the Committee consin, Mr. KIRK, Mr. KYL, Mr. LEE, At the request of Mr. LAUTENBERG, on the Budget. Mr. MCCONNELL, Mr. MORAN, Mr. the name of the Senator from Cali- By Ms. STABENOW (for herself, Mr. PAUL, Mr. RISCH, Mr. SESSIONS, Mr. fornia (Mrs. BOXER) was added as a co- ISAKSON, Mr. UDALL of Colorado, Mr. THUNE, Mr. TOOMEY, Mr. VITTER, and JOHANNS, and Mrs. HUTCHISON): sponsor of S. 578, a bill to amend title Mr. WICKER): S. Res. 134. A resolution supporting the V of the Social Security Act to elimi- S. 746. A bill to repeal provisions of the designation of April as Parkinson’s Aware- nate the abstinence-only education Dodd-Frank Wall Street Reform and Con- ness Month; considered and agreed to. program. sumer Protection Act; to the Committee on By Mr. INHOFE: S. 595 Banking, Housing, and Urban Affairs. S. Con. Res. 11. A concurrent resolution ex- At the request of Mrs. MURRAY, the By Mr. CRAPO (for himself, Mr. KOHL, pressing the sense of Congress with respect Ms. COLLINS, and Mr. PORTMAN): to the Obama administration’s discontinuing name of the Senator from Idaho (Mr. S. 747. A bill to amend title 23, United to defend the Defense of Marriage Act; to the CRAPO) was added as a cosponsor of S. States Code, with respect to vehicle weight Committee on the Judiciary. 595, a bill to amend title VIII of the El- limitations applicable to the Interstate Sys- f ementary and Secondary Education tem, and for other purposes; to the Com- Act of 1965 to require the Secretary of mittee on Finance. ADDITIONAL COSPONSORS By Mr. NELSON of Florida (for him- Education to complete payments under self, Mr. BINGAMAN, and Mr. KERRY): S. 146 such title to local educational agencies S. 748. A bill to amend the Internal Rev- At the request of Mr. BAUCUS, the eligible for such payments within 3 fis- enue Code of 1986 to expand the definition of name of the Senator from Rhode Island cal years.

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S. 668 Senator from Nevada (Mr. ENSIGN), the vention on the Rights of the Child un- At the request of Mr. CORNYN, the Senator from Utah (Mr. LEE), the Sen- dermines traditional principles of law names of the Senator from Kansas (Mr. ator from South Dakota (Mr. THUNE), in the United States regarding parents MORAN) and the Senator from Idaho the Senator from Idaho (Mr. CRAPO), and children, the President should not (Mr. CRAPO) were added as cosponsors the Senator from Georgia (Mr. CHAM- transmit the Convention to the Senate of S. 668, a bill to remove unelected, BLISS), the Senator from Missouri (Mr. for its advice and consent. unaccountable bureaucrats from sen- BLUNT), the Senator from North Caro- S. RES. 125 iors’ personal health decisions by re- lina (Mr. BURR), the Senator from Wis- At the request of Mr. UDALL of New pealing the Independent Payment Ad- consin (Mr. JOHNSON), the Senator from Mexico, the name of the Senator from visory Board. Michigan (Ms. STABENOW), the Senator Oregon (Mr. MERKLEY) was added as a S. 671 from Utah (Mr. HATCH), the Senator cosponsor of S. Res. 125, a resolution At the request of Mr. SESSIONS, the from Kansas (Mr. ROBERTS), the Sen- supporting the goals and ideals of Na- name of the Senator from Nevada (Mr. ator from Iowa (Mr. GRASSLEY), the tional Public Health Week. ENSIGN) was added as a cosponsor of S. Senator from Florida (Mr. RUBIO), the AMENDMENT NO. 207 671, a bill to authorize the United Senator from South Carolina (Mr. GRA- At the request of Mr. SANDERS, the States Marshals Service to issue ad- HAM), the Senator from Pennsylvania names of the Senator from Nevada (Mr. ministrative subpoenas in investiga- (Mr. TOOMEY), the Senator from Idaho REID), the Senator from New York (Mr. tions relating to unregistered sex of- (Mr. RISCH), the Senator from Kansas SCHUMER), the Senator from Rhode Is- fenders. (Mr. MORAN), the Senator from Wyo- land (Mr. REED), the Senator from Iowa S. 691 ming (Mr. BARRASSO), the Senator from (Mr. HARKIN), the Senator from Mary- At the request of Mr. SCHUMER, the Kentucky (Mr. MCCONNELL), the Sen- land (Ms. MIKULSKI), the Senator from name of the Senator from New York ator from Indiana (Mr. COATS) and the New Jersey (Mr. MENENDEZ), the Sen- (Mrs. GILLIBRAND) was added as a co- Senator from North Carolina (Mrs. ator from Washington (Ms. CANTWELL), sponsor of S. 691, a bill to support State HAGAN) were added as cosponsors of S. the Senator from Minnesota (Mr. and tribal government efforts to pro- 724, a bill to appropriate such funds as FRANKEN) and the Senator from Oregon mote research and education related to may be necessary to ensure that mem- (Mr. MERKLEY) were added as cospon- maple syrup production, natural re- bers of the Armed Forces, including re- sors of amendment No. 207 proposed to source sustainability in the maple serve components thereof, and sup- S. 493, a bill to reauthorize and im- syrup industry, market promotion of porting civilian and contractor per- prove the SBIR and STTR programs, maple products, and greater access to sonnel continue to receive pay and al- and for other purposes. lands containing maple trees for lowances for active service performed AMENDMENT NO. 281 maple-sugaring activities, and for when a funding gap caused by the fail- At the request of Mr. COBURN, the other purposes. ure to enact interim or full-year appro- name of the Senator from Alaska (Mr. S. 705 priations for the Armed Forces occurs, BEGICH) was added as a cosponsor of At the request of Mr. CARPER, the which results in the furlough of non- amendment No. 281 proposed to S. 493, names of the Senator from Georgia emergency personnel and the curtail- a bill to reauthorize and improve the (Mr. ISAKSON) and the Senator from ment of Government activities and SBIR and STTR programs, and for South Dakota (Mr. JOHNSON) were services. other purposes. added as cosponsors of S. 705, a bill to S. RES. 80 AMENDMENT NO. 285 amend the Internal Revenue Code of At the request of Mr. KIRK, the At the request of Mr. ROCKEFELLER, 1986 to provide for collegiate housing names of the Senator from Wisconsin the name of the Senator from Iowa and infrastructure grants. (Mr. KOHL) and the Senator from Cali- (Mr. GRASSLEY) was added as a cospon- S. 707 fornia (Mrs. FEINSTEIN) were added as sor of amendment No. 285 intended to At the request of Mr. DURBIN, the cosponsors of S. Res. 80, a resolution be proposed to S. 493, a bill to reau- name of the Senator from Nevada (Mr. condemning the Government of Iran thorize and improve the SBIR and ENSIGN) was added as a cosponsor of S. for its state-sponsored persecution of STTR programs, and for other pur- 707, a bill to amend the Animal Welfare its Baha’i minority and its continued poses. Act to provide further protection for violation of the International Cov- f puppies. enants on Human Rights. STATEMENTS ON INTRODUCED S. 712 S. RES. 86 BILLS AND JOINT RESOLUTIONS At the request of Mr. DEMINT, the At the request of Mrs. FEINSTEIN, the By Mr. LEVIN (for himself, Mr. name of the Senator from Mississippi name of the Senator from Connecticut SCHUMER, Mr. ALEXANDER, Mr. (Mr. WICKER) was added as a cosponsor (Mr. LIEBERMAN) was added as a co- KERRY, Ms. MURKOWSKI, Mr. of S. 712, a bill to repeal the Dodd- sponsor of S. Res. 86, a resolution rec- BINGAMAN, Mr. MERKLEY, and Frank Wall Street Reform and Con- ognizing the Defense Intelligence Mrs. STABENOW): sumer Protection Act. Agency on its 50th Anniversary. S. 739. A bill to authorize the Archi- S. 720 S. RES. 99 tect of the Capitol to establish battery At the request of Mr. THUNE, the At the request of Mr. DEMINT, the recharging stations for privately owned names of the Senator from Missouri name of the Senator from Tennessee vehicles in parking areas under the ju- (Mr. BLUNT) and the Senator from Ari- (Mr. ALEXANDER) was added as a co- risdiction of the Senate at no net cost zona (Mr. KYL) were added as cospon- sponsor of S. Res. 99, a resolution ex- to the Federal Government; to the sors of S. 720, a bill to repeal the pressing the sense of the Senate that Committee on Rules and Administra- CLASS program. the primary safeguard for the well- tion. S. 724 being and protection of children is the Mr. LEVIN. Mr. President, today a At the request of Mrs. HUTCHISON, the family, and that the primary safe- bipartisan group of Senators has intro- names of the Senator from New Hamp- guards for the legal rights of children duced legislation that would allow the shire (Ms. AYOTTE), the Senator from in the United States are the Constitu- Senate to continue its leadership of our Ohio (Mr. PORTMAN), the Senator from tions of the United States and the sev- country toward a clean-energy future. Maine (Ms. COLLINS), the Senator from eral States, and that, because the use Senators SCHUMER, ALEXANDER, KERRY, Nebraska (Mr. JOHANNS), the Senator of international treaties to govern pol- MURKOWSKI, BINGAMAN, and I have in- from Texas (Mr. CORNYN), the Senator icy in the United States on families troduced a bill that would authorize from Wyoming (Mr. ENZI), the Senator and children is contrary to principles the Architect of the Capitol to estab- from Arizona (Mr. KYL), the Senator of self-government and federalism, and lish battery recharging stations for pri- from South Carolina (Mr. DEMINT), the that, because the United Nations Con- vately owned vehicles in parking areas

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BATTERY RECHARGING STATIONS visions under the Garrett Lee Smith power the next generation of electric- FOR PRIVATELY OWNED VEHICLES IN PARKING AREAS UNDER THE JU- Memorial Act; to the Committee on powered vehicles. In my State of RISDICTION OF THE SENATE AT NO Health, Education, Labor, and Pen- Michigan and in other places around NET COST TO THE FEDERAL GOV- sions. the country, the grant program we en- ERNMENT. Mr. REED. I am pleased to be joined (a) DEFINITION.—In this Act, the term acted as part of the Recovery Act has by Senators MURKOWSKI, DURBIN, and sparked a boom of manufacturing job ‘‘covered employee’’ means— (1) an employee whose pay is disbursed by TOM UDALL in the introduction of the creation. Given a choice between the Secretary of the Senate; or Garrett Lee Smith Memorial Act Reau- watching our global competitors create (2) any other individual who is authorized thorization. those jobs and creating them in the to park in any parking area under the juris- This legislation continues the impor- United States, we have chosen the diction of the Senate on Capitol Grounds. tant work of my former colleague Sen- wiser course. (b) AUTHORITY.— ator Gordon Smith, who authored the This has been part of a larger, and (1) IN GENERAL.—Subject to paragraph (3), original law, which was named for his largely successful, effort to support the funds appropriated to the Architect of the 22-year old son, Garrett, who was a stu- electric revolution in transportation. Capitol under the heading ‘‘CAPITOL POWER dent at Utah Valley University when PLANT’’ under the heading ‘‘ARCHITECT OF President Obama’s goal of 1 million he took his own life. I want to once THE CAPITOL’’ in any fiscal year are avail- again recognize Gordon Smith for his electric vehicles on the road by 2015 is able to construct, operate, and maintain on one part of that effort. He announced a reimbursable basis battery recharging sta- work to champion suicide prevention last week that by 2015, the government tions in parking areas under the jurisdiction and mental health initiatives. will buy only alternative-energy vehi- of the Senate on Capitol Grounds for use by Currently, this law supports 35 cles for its fleets as part of a strategy privately owned vehicles used by Senators or States, 16 Tribes and Tribal organiza- to cut U.S. oil imports by 1/3. Such a covered employees. tions, and 38 colleges and universities strategy would help our country eco- (2) VENDORS AUTHORIZED.—In carrying out in their efforts to prevent youth sui- paragraph (1), the Architect of the Capitol nomically, protect our environment cide. Indeed, with the help of these im- may use 1 or more vendors on a commission portant programs, we have made real and enhance our national security. basis. The legislation we introduce today is progress since the 2004 passage of this (3) APPROVAL OF CONSTRUCTION.—The Ar- law in identifying at-risk youth and another, though smaller, part of that chitect of the Capitol may construct or di- effort. It would ensure that the Senate rect the construction of battery recharging young adults, providing proven mental leads by example as we transition to a stations described under paragraph (1) health and substance use disorder clean-energy future. It would estab- after— treatments, and educating the public lish—at no net cost to the taxpayer— (A) submission of written notice detailing about youth suicide prevention efforts. the numbers and locations of the battery re- Unfortunately, suicide remains the charging stations to power plug-in hy- charging stations to the Committee on Rules third leading cause of death for adoles- brid electric vehicles. While these vehi- and Administration of the Senate; and cents and young adults age 10 to 24, and cles are an important part of our fu- (B) approval by that Committee. results in 4,400 lives lost each year. Ac- ture, they will bring changes in how we (c) FEES AND CHARGES.— cording to the Centers for Disease Con- think about cars and driving. Instead (1) IN GENERAL.—Subject to paragraph (2), trol and Prevention, approximately of looking for gas stations, drivers will the Architect of the Capitol shall charge fees 150,000 individuals in this age group an- need charging stations where they can or charges for electricity provided to Sen- nually receive medical care for self-in- replenish the batteries that power ators and covered employees sufficient to cover the costs to the Architect of the Cap- flicted injuries at Emergency Depart- their vehicles. itol to carry out this section, including costs ments across the U.S. The President and others have pro- to any vendors or other costs associated with Suicide is particularly prevalent posed plans to help encourage the cre- maintaining the battery recharging stations. among college-age students as it is the ation of that infrastructure in commu- (2) APPROVAL OF FEES OR CHARGES.—The second leading cause of death, result- nities around the country. So should Architect of the Capitol may establish and ing in approximately 1,100 deaths each adjust fees or charges under paragraph (1) the Senate. This bill would ensure that year. The 2010 National Survey of Senate employees have available the after— (A) submission of written notice detailing Counseling Center Directors at colleges infrastructure to support next-genera- and universities found that 10.8 percent tion vehicles. It would be an important the amount of the fee or charge to be estab- lished or adjusted to the Committee on Rules of students seek counseling each year, statement of leadership from the Sen- and Administration of the Senate; and an increase of nearly 1 percent from ate. It would provide an example to (B) approval by that Committee. 2009. At the same time, the average other employers of how they can sup- (d) DEPOSIT AND AVAILABILITY OF FEES, ratio of counselors to students has re- port both the needs of their employees CHARGES, AND COMMISSIONS.—Any fees, mained constant at one to 1,786. and our national interest in energy se- charges, or commissions collected by the Ar- Many young people who commit sui- curity. chitect of the Capitol under this section cide have a treatable mental illness, I am thankful for the support of Sen- shall be— (1) deposited in the Treasury to the credit but they don’t get the help they need. ators SCHUMER, ALEXANDER, KERRY, of the appropriations account described The legislation we introduced today MURKOWSKI, and BINGAMAN on this bill, under subsection (b); and provides critical resources for preven- and for the assistance of the staffs of (2) available for obligation without further tion and outreach programs to reach at Senators SCHUMER and ALEXANDER on appropriation during— risk youth before it is too late. the Rules Committee. These Senators (A) the fiscal year collected; and It would increase the authorized have recognized the value of Senate (B) the fiscal year following the fiscal year grant level to States, tribes, and col- leadership in moving our nation toward collected. lege campuses for the implementation a future liberated from imported oil, (e) ANNUAL REPORTS.—Not later than 30 of proven programs and initiatives de- days after the end of each fiscal year, the Ar- and I hope our other colleagues will as chitect of the Capitol shall submit a report signed to address mental health and well. on the financial administration and cost re- wellness and reduce youth suicide. Mr. President, I ask unanimous con- covery of activities under this section with Additionally, I am particularly sent that the text of the bill be printed respect to that fiscal year to the Committee pleased that the bill would enable col- in the RECORD. on Rules and Administration of the Senate. lege counseling centers to have greater

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Counseling centers will con- ing suicide early intervention and preven- ‘‘(B) a public organization or private non- tinue to be able to apply for funds to tion techniques and technology for all ages, profit organization designated by a State to operate suicide prevention hotlines and particularly among groups that are at high develop or direct the State-sponsored state- risk for suicide; wide youth suicide early intervention and organize educational and awareness ef- ‘‘(6) ensure the surveillance of suicidal be- prevention strategy; or forts about youth suicide prevention; haviors and nonfatal suicidal attempts; ‘‘(C) a federally recognized Indian tribe or however, with this bill they will also be ‘‘(7) study the effectiveness of State-spon- tribal organization (as defined in the Indian able to use funds for the provision of sored statewide and tribal suicide early Self-Determination and Education Assist- counseling services to students and the intervention and prevention strategies for ance Act) or an urban Indian organization hiring of appropriately trained per- all ages particularly among groups that are (as defined in the Indian Health Care Im- sonnel. These two components are inte- at high risk for suicide on the overall provement Act) that is actively involved in the development and continuation of a tribal gral to identifying and treating stu- wellness and health promotion strategies re- lated to suicide attempts; youth suicide early intervention and preven- dents who may be at risk with the goal ‘‘(8) promote the sharing of data regarding tion strategy. of preventing suicide and attempted suicide with Federal agencies involved with ‘‘(2) LIMITATION.—In carrying out this sec- suicide on campuses. suicide early intervention and prevention, tion, the Secretary shall ensure that a State Our bipartisan legislation is sup- and State-sponsored statewide and tribal sui- does not receive more than one grant or co- ported by 43 coalition members of the cide early intervention and prevention strat- operative agreement under this section at Mental Health Liaison Group and the egies for the purpose of identifying pre- any one time. For purposes of the preceding American Council on Education. viously unknown mental health causes and sentence, a State shall be considered to have associated risk factors for suicide among all received a grant or cooperative agreement if Mr. President, I unanimous consent the eligible entity involved is the State or an that the text of the bill and a letter of ages particularly among groups that are at high risk for suicide; entity designated by the State under para- support be printed in the RECORD. ‘‘(9) evaluate and disseminate outcomes graph (1)(B). Nothing in this paragraph shall There being no objection, the mate- and best practices of mental health and sub- be constructed to apply to entities described rial was ordered to be printed in the stance use disorder services at institutions in paragraph (1)(C). RECORD, as follows: of higher education; and ‘‘(c) PREFERENCE.—In providing assistance under a grant or cooperative agreement S. 740 ‘‘(10) conduct other activities determined under this section, an eligible entity shall appropriate by the Secretary. Be it enacted by the Senate and House of Rep- give preference to public organizations, pri- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— resentatives of the United States of America in vate nonprofit organizations, political sub- For the purpose of carrying out this section, Congress assembled, divisions, institutions of higher education, there are authorized to be appropriated SECTION 1. SHORT TITLE. and tribal organizations actively involved This Act may be cited as the ‘‘Garrett Lee $5,000,000 for each of the fiscal years 2012 with the State-sponsored statewide or tribal Smith Memorial Act Reauthorization of through 2016.’’. youth suicide early intervention and preven- 2011’’. SEC. 3. YOUTH SUICIDE INTERVENTION AND PRE- tion strategy that— SEC. 2. SUICIDE PREVENTION TECHNICAL AS- VENTION STRATEGIES. ‘‘(1) provide early intervention and assess- SISTANCE CENTER. Section 520E of the Public Health Service ment services, including screening programs, (a) REPEAL.—Section 520C of the Public Act (42 U.S.C. 290bb–36) is amended to read as to youth who are at risk for mental or emo- Health Service Act (42 U.S.C. 290bb–34) is re- follows: tional disorders that may lead to a suicide pealed. ‘‘SEC. 520E. YOUTH SUICIDE EARLY INTERVEN- attempt, and that are integrated with school (b) SUICIDE PREVENTION TECHNICAL ASSIST- TION AND PREVENTION STRATE- systems, educational institutions, juvenile ANCE CENTER.—Title V of the Public Health GIES. justice systems, substance use disorder pro- Service Act (42 U.S.C. 290aa et seq.) (as ‘‘(a) IN GENERAL.—The Secretary, acting grams, mental health programs, foster care amended by subsection (a)) is amended by in- through the Administrator of the Substance systems, and other child and youth support serting after section 520B the following: Abuse and Mental Health Services Adminis- organizations; ‘‘SEC. 520C. SUICIDE PREVENTION TECHNICAL tration, shall award grants or cooperative ‘‘(2) demonstrate collaboration among ASSISTANCE CENTER. agreements to eligible entities to— early intervention and prevention services or ‘‘(a) PROGRAM AUTHORIZED.—The Sec- ‘‘(1) develop and implement State-spon- certify that entities will engage in future retary, acting through the Administrator of sored statewide or tribal youth suicide early collaboration; the Substance Abuse and Mental Health intervention and prevention strategies in ‘‘(3) employ or include in their applications Services Administration, shall establish a schools, educational institutions, juvenile a commitment to evaluate youth suicide research, training, and technical assistance justice systems, substance use disorder pro- early intervention and prevention practices resource center to provide appropriate infor- grams, mental health programs, foster care and strategies adapted to the local commu- mation, training, and technical assistance to systems, and other child and youth support nity; States, political subdivisions of States, fed- organizations; ‘‘(4) provide timely referrals for appro- erally recognized Indian tribes, tribal orga- ‘‘(2) support public organizations and pri- priate community-based mental health care nizations, institutions of higher education, vate nonprofit organizations actively in- and treatment of youth who are at risk for public organizations, or private nonprofit or- volved in State-sponsored statewide or tribal suicide in child-serving settings and agen- ganizations concerning the prevention of sui- youth suicide early intervention and preven- cies; cide among all ages, particularly among tion strategies and in the development and ‘‘(5) provide immediate support and infor- groups that are at high risk for suicide. continuation of State-sponsored statewide mation resources to families of youth who ‘‘(b) RESPONSIBILITIES OF THE CENTER.—The youth suicide early intervention and preven- are at risk for suicide; center established under subsection (a) tion strategies; ‘‘(6) offer access to services and care to shall— ‘‘(3) provide grants to institutions of high- youth with diverse linguistic and cultural ‘‘(1) assist in the development or continu- er education to coordinate the implementa- backgrounds; ation of statewide and tribal suicide early tion of State-sponsored statewide or tribal ‘‘(7) offer appropriate postsuicide interven- intervention and prevention strategies for youth suicide early intervention and preven- tion services, care, and information to fami- all ages, particularly among groups that are tion strategies; lies, friends, schools, educational institu- at high risk for suicide; ‘‘(4) collect and analyze data on State- tions, juvenile justice systems, substance use ‘‘(2) ensure the surveillance of suicide sponsored statewide or tribal youth suicide disorder programs, mental health programs, early intervention and prevention strategies early intervention and prevention services foster care systems, and other child and for all ages, particularly among groups that that can be used to monitor the effectiveness youth support organizations of youth who re- are at high risk for suicide; of such services and for research, technical cently completed suicide; ‘‘(3) study the costs and effectiveness of assistance, and policy development; and ‘‘(8) offer continuous and up-to-date infor- statewide and tribal suicide early interven- ‘‘(5) assist eligible entities, through State- mation and awareness campaigns that target tion and prevention strategies in order to sponsored statewide or tribal youth suicide parents, family members, child care profes- provide information concerning relevant early intervention and prevention strategies, sionals, community care providers, and the issues of importance to State, tribal, and na- in achieving targets for youth suicide reduc- general public and highlight the risk factors tional policymakers; tions under title V of the Social Security associated with youth suicide and the life- ‘‘(4) further identify and understand causes Act. saving help and care available from early and associated risk factors for suicide for all ‘‘(b) ELIGIBLE ENTITY.— intervention and prevention services; ages, particularly among groups that are at ‘‘(1) DEFINITION.—In this section, the term ‘‘(9) ensure that information and awareness high risk for suicide; ‘eligible entity’ means— campaigns on youth suicide risk factors, and

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5244 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 early intervention and prevention services, ‘‘(B) consult on policy development at the ‘‘(B) ‘institution of higher education’ has use effective communication mechanisms Federal level with the private sector, includ- the meaning given such term in section 101 that are targeted to and reach youth, fami- ing consumer, medical, suicide prevention of the Higher Education Act of 1965; and lies, schools, educational institutions, and advocacy groups, and other health and edu- ‘‘(C) ‘school’ means an elementary or sec- youth organizations; cation professional-based organizations, with ondary school (as such terms are defined in ‘‘(10) provide a timely response system to respect to State-sponsored statewide or trib- section 9101 of the Elementary and Sec- ensure that child-serving professionals and al youth suicide early intervention and pre- ondary Education Act of 1965). providers are properly trained in youth sui- vention strategies. ‘‘(3) PREVENTION.—The term ‘prevention’ cide early intervention and prevention strat- ‘‘(f) RULE OF CONSTRUCTION; RELIGIOUS AND means a strategy or approach that reduces egies and that child-serving professionals MORAL ACCOMMODATION.—Nothing in this the likelihood or risk of onset, or delays the and providers involved in early intervention section shall be construed to require suicide onset, of adverse health problems that have and prevention services are properly trained assessment, early intervention, or treatment been known to lead to suicide. in effectively identifying youth who are at services for youth whose parents or legal ‘‘(4) YOUTH.—The term ‘youth’ means indi- risk for suicide; guardians object based on the parents’ or viduals who are between 10 and 24 years of ‘‘(11) provide continuous training activities legal guardians’ religious beliefs or moral age. for child care professionals and community objections. ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— care providers on the latest youth suicide ‘‘(g) EVALUATIONS AND REPORT.— For the purpose of carrying out this section, early intervention and prevention services ‘‘(1) EVALUATIONS BY ELIGIBLE ENTITIES.— there are authorized to be appropriated practices and strategies; Not later than 18 months after receiving a $32,000,000 for each of the fiscal years 2012 ‘‘(12) conduct annual self-evaluations of grant or cooperative agreement under this through 2016.’’. outcomes and activities, including con- section, an eligible entity shall submit to SEC. 4. MENTAL HEALTH AND SUBSTANCE USE sulting with interested families and advo- the Secretary the results of an evaluation to DISORDERS SERVICES AND OUT- cacy organizations; be conducted by the entity concerning the REACH ON CAMPUS. ‘‘(13) provide services in areas or regions effectiveness of the activities carried out Section 520E–2 of the Public Health Service with rates of youth suicide that exceed the under the grant or agreement. Act (42 U.S.C. 290bb–36b) is amended to read as follows: national average as determined by the Cen- ‘‘(2) REPORT.—Not later than 2 years after ters for Disease Control and Prevention; and the date of enactment of this section, the ‘‘SEC. 520E–2. MENTAL HEALTH AND SUBSTANCE ‘‘(14) obtain informed written consent from USE DISORDERS SERVICES ON CAM- Secretary shall submit to the appropriate PUS. a parent or legal guardian of an at-risk child committees of Congress a report concerning before involving the child in a youth suicide ‘‘(a) IN GENERAL.—The Secretary, acting the results of— through the Director of the Center for Men- early intervention and prevention program. ‘‘(A) the evaluations conducted under para- ‘‘(d) REQUIREMENT FOR DIRECT SERVICES.— tal Health Services and in consultation with graph (1); and Not less than 85 percent of grant funds re- the Secretary of Education, shall award ‘‘(B) an evaluation conducted by the Sec- ceived under this section shall be used to grants on a competitive basis to institutions retary to analyze the effectiveness and effi- provide direct services, of which not less of higher education to enhance services for than 5 percent shall be used for activities au- cacy of the activities conducted with grants, students with mental health or substance thorized under subsection (a)(3). collaborations, and consultations under this use disorders and to develop best practices ‘‘(e) CONSULTATION AND POLICY DEVELOP- section. for the delivery of such services. MENT.— ‘‘(h) RULE OF CONSTRUCTION; STUDENT ‘‘(b) USES OF FUNDS.—Amounts received ‘‘(1) IN GENERAL.—In carrying out this sec- MEDICATION.—Nothing in this section shall under a grant under this section shall be tion, the Secretary shall collaborate with be construed to allow school personnel to re- used for 1 or more of the following activities: relevant Federal agencies and suicide work- quire that a student obtain any medication ‘‘(1) The provision of mental health and ing groups responsible for early intervention as a condition of attending school or receiv- substance use disorder services to students, and prevention services relating to youth ing services. including prevention, promotion of mental suicide. ‘‘(i) PROHIBITION.—Funds appropriated to health, voluntary screening, early interven- ‘‘(2) CONSULTATION.—In carrying out this carry out this section, section 527, or section tion, voluntary assessment, treatment, and section, the Secretary shall consult with— 529 shall not be used to pay for or refer for management of mental health and substance ‘‘(A) State and local agencies, including abortion. abuse disorder issues. agencies responsible for early intervention ‘‘(j) PARENTAL CONSENT.—States and enti- ‘‘(2) The provision of outreach services to and prevention services under title XIX of ties receiving funding under this section notify students about the existence of men- the Social Security Act, the State Children’s shall obtain prior written, informed consent tal health and substance use disorder serv- Health Insurance Program under title XXI of from the child’s parent or legal guardian for ices. the Social Security Act, and programs fund- assessment services, school-sponsored pro- ‘‘(3) Educating students, families, faculty, ed by grants under title V of the Social Secu- grams, and treatment involving medication staff, and communities to increase awareness rity Act; related to youth suicide conducted in ele- of mental health and substance use dis- ‘‘(B) local and national organizations that mentary and secondary schools. The require- orders. serve youth at risk for suicide and their fam- ment of the preceding sentence does not ‘‘(4) The employment of appropriately ilies; apply in the following cases: trained staff, including administrative staff. ‘‘(C) relevant national medical and other ‘‘(1) In an emergency, where it is necessary ‘‘(5) The provision of training to students, health and education specialty organiza- to protect the immediate health and safety faculty, and staff to respond effectively to tions; of the student or other students. students with mental health and substance ‘‘(D) youth who are at risk for suicide, who ‘‘(2) Other instances, as defined by the use disorders. have survived suicide attempts, or who are State, where parental consent cannot rea- ‘‘(6) The creation of a networking infra- currently receiving care from early interven- sonably be obtained. structure to link colleges and universities tion services; ‘‘(k) RELATION TO EDUCATION PROVISIONS.— with providers who can treat mental health ‘‘(E) families and friends of youth who are Nothing in this section shall be construed to and substance use disorders. at risk for suicide, who have survived suicide supersede section 444 of the General Edu- ‘‘(7) Developing, supporting, evaluating, attempts, who are currently receiving care cation Provisions Act, including the require- and disseminating evidence-based and from early intervention and prevention serv- ment of prior parental consent for the disclo- emerging best practices. ices, or who have completed suicide; sure of any education records. Nothing in ‘‘(c) IMPLEMENTATION OF ACTIVITIES USING ‘‘(F) qualified professionals who possess this section shall be construed to modify or GRANT FUNDS.—An institution of higher edu- the specialized knowledge, skills, experience, affect parental notification requirements for cation that receives a grant under this sec- and relevant attributes needed to serve programs authorized under the Elementary tion may carry out activities under the youth at risk for suicide and their families; and Secondary Education Act of 1965 (as grant through— and amended by the No Child Left Behind Act of ‘‘(1) college counseling centers; ‘‘(G) third-party payers, managed care or- 2001; Public Law 107–110). ‘‘(2) college and university psychological ganizations, and related commercial indus- ‘‘(l) DEFINITIONS.—In this section: service centers; tries. ‘‘(1) EARLY INTERVENTION.—The term ‘early ‘‘(3) mental health centers; ‘‘(3) POLICY DEVELOPMENT.—In carrying out intervention’ means a strategy or approach ‘‘(4) psychology training clinics; this section, the Secretary shall— that is intended to prevent an outcome or to ‘‘(5) institution of higher education sup- ‘‘(A) coordinate and collaborate on policy alter the course of an existing condition. ported, evidence-based, mental health and development at the Federal level with the ‘‘(2) EDUCATIONAL INSTITUTION; INSTITUTION substance use disorder programs; or relevant Department of Health and Human OF HIGHER EDUCATION; SCHOOL.—The term— ‘‘(6) any other entity that provides mental Services agencies and suicide working ‘‘(A) ‘educational institution’ means a health and substance use disorder services at groups; and school or institution of higher education; an institution of higher education.

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‘‘(d) APPLICATION.—To be eligible to re- gress a report on such results that includes the State and Tribal program fosters the cre- ceive a grant under this section, an institu- the following: ation of public-private collaborations and tion of higher education shall prepare and ‘‘(1) An evaluation of the grant program the development of critically needed preven- submit to the Secretary an application at outcomes, including a summary of activities tion and early intervention strategies. Next, such time and in such manner as the Sec- carried out with the grant and the results the Campus Suicide Prevention Program en- retary may require. At a minimum, such ap- achieved through those activities. hances services, outreach and education for plication shall include the following: ‘‘(2) Recommendations on how to improve students with mental health or substance ‘‘(1) A description of identified mental access to mental health and substance use use disorders and calls for the development health and substance use disorder needs of disorder services at institutions of higher of best practice for the delivery of such serv- students at the institution of higher edu- education, including efforts to reduce the in- ices. Finally, the Suicide Prevention Re- cation. cidence of suicide and substance use dis- source Center provides information and ‘‘(2) A description of Federal, State, local, orders. training to States, Tribes, and tribal organi- private, and institutional resources cur- ‘‘(h) DEFINITIONS.—In this section, the zations, institutions of higher education, and rently available to address the needs de- term ‘institution of higher education’ has public organizations or private non-profit scribed in paragraph (1) at the institution of the meaning given such term in section 101 groups in an effort to prevent suicide among higher education. of the Higher Education Act of 1965. all ages, particularly among high risk ‘‘(3) A description of the outreach strate- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— groups, such as youth. gies of the institution of higher education For the purpose of carrying out this section, We are especially pleased that you have in- for promoting access to services, including a there are authorized to be appropriated cluded modest but needed growth in the au- proposed plan for reaching those students $7,000,000 for each of the fiscal years 2012 thorization levels for these programs. This most in need of mental health services. through 2016.’’. measured increase acknowledges the impor- ‘‘(4) A plan, when applicable, to meet the tant efforts that have come from the devel- opment of these programs as well as the sig- specific mental health and substance use dis- MENTAL HEALTH LIAISON GROUP, nificant work that remains to build suicide order needs of veterans attending institu- APRIL 5, 2011. prevention capacity across the country. tions of higher education. Hon. JACK REED, Our organizations are grateful to you and ‘‘(5) A plan to seek input from community U.S. Senate, Washington, DC. your colleagues for your strong bipartisan mental health providers, when available, Hon. RICHARD J. DURBIN, approach regarding this program. We thank community groups and other public and pri- U.S. Senate, Washington, DC. Senators Murkowski, Durbin and Tom Udall vate entities in carrying out the program Hon. LISA MURKOWSKI, for joining with you in support of this effort under the grant. U.S. Senate, Washington, DC. and demonstrating extraordinary leadership ‘‘(6) A plan to evaluate program outcomes, OM DALL Hon. T U , on youth suicide prevention. including a description of the proposed use of U.S. Senate, Washington, DC. We are most grateful to you and your staff funds, the program objectives, and how the DEAR SENATORS: The undersigned organiza- for your tireless work on this legislation objectives will be met. tions in the Mental Health Liaison Group are over the past years. Your unwavering leader- ‘‘(7) An assurance that the institution will pleased to write in support of the legislation ship and commitment to youth suicide pre- submit a report to the Secretary each fiscal you will soon introduce, the Garrett Lee vention undoubtedly has important implica- year concerning the activities carried out Smith Memorial Act Reauthorization of 2011. tions for the current and future health and with the grant and the results achieved This legislation renews the commitment to wellbeing of our nation’s youth. We welcome through those activities. critically important youth and college sui- the opportunity to work with you and your ‘‘(e) SPECIAL CONSIDERATIONS.—In awarding cide prevention programs administered by staff to ensure that the Garrett Lee Smith grants under this section, the Secretary the Substance Abuse and Mental Health Memorial Act is promptly reauthorized. shall give special consideration to applica- Services Administration, as well as strength- Sincerely, tions that describe programs to be carried ens those programs, ensuring they are best American Academy of Child and Adoles- out under the grant that— designed to meet the needs of those they are cent Psychiatry, American Art Therapy As- ‘‘(1) demonstrate the greatest need for new intended to serve. sociation, American Association for Geri- or additional mental and substance use dis- The Garrett Lee Smith Memorial Act atric Psychiatry, American Association for order services, in part by providing informa- (GLSMA) currently supports grants in 35 Marriage and Family Therapy, American As- tion on current ratios of students to mental States and 16 Tribes or Tribal organizations sociation for Psychoanalysis in Clinical So- health and substance use disorder health as part of the State/Tribal Youth Suicide cial Work, American Association of Pastoral professionals and Prevention and Early Intervention Program Counselors, American Association on Health ‘‘(2) demonstrate the greatest potential for as well as funds programs at 38 institutions and Disability*, American Counseling Asso- replication. of higher education through the Campus Sui- ciation, American Dance Therapy Associa- ‘‘(f) REQUIREMENT OF MATCHING FUNDS.— cide Prevention program. While much has tion, American Foundation for Suicide Pre- ‘‘(1) IN GENERAL.—The Secretary may make been achieved thanks to the successful vention/SPAN USA, American Group Psy- a grant under this section to an institution grants supported by the GLSMA, there re- chotherapy Association, American of higher education only if the institution mains much to do. In 2007, suicide was the Orthopsychiatric Association, American agrees to make available (directly or third leading cause of death for young people Psychiatric Association, American Psycho- through donations from public or private en- ages 15–24 years and the second leading cause analytic Association, American Psycho- tities) non-Federal contributions in an of death among college students. According logical Association. amount that is not less than $1 for each $1 of to the Center for Disease Control and Pre- American Psychotherapy Association, As- Federal funds provided under the grant, to- vention, ‘‘a nationwide survey of youth in sociation for Ambulatory Behavioral ward the costs of activities carried out with grades 9–12 in public and private schools in Healthcare, Association for the Advance- the grant (as described in subsection (b)) and the United States (U.S.) found that 15% of ment of Psychology, American Psychiatric other activities by the institution to reduce students reported seriously considering sui- Nurses Association, Anxiety Disorders Asso- student mental health and substance use dis- cide, 11% reported creating a plan, and 7% ciation of America, Bazelon Center for Men- orders. reporting trying to take their own life in the tal Health Law, Center for Clinical Social ‘‘(2) DETERMINATION OF AMOUNT CONTRIB- 12 months preceding the survey.’’ The 2010 Work, Clinical Social Work Association, De- UTED.—Non-Federal contributions required American College Health Association’s Na- pression and Bipolar Support Alliance, Eat- under paragraph (1) may be in cash or in tional College Health Assessment II noted ing Disorders Coalition for Research, Policy kind. Amounts provided by the Federal Gov- that 45.6% of students surveyed reported & Action, Mental Health America, NAADAC, ernment, or services assisted or subsidized to feeling that things were hopeless and 30.7% the Association for Addiction Professionals, any significant extent by the Federal Gov- reported feeling so depressed it was difficult National Association of County Behavioral ernment, may not be included in deter- to function during the past 12 months. Health and Developmental Disability Direc- mining the amount of such non-Federal con- Since its creation in 2004, the Garrett Lee tors, National Association of State Mental tributions. Smith Memorial Act has provided resources Health Program Directors, National Alliance ‘‘(3) WAIVER.—The Secretary may waive to communities and college campuses all on Mental Illness. the application of paragraph (1) with respect across the country, and supported needed National Association for Children’s Behav- to an institution of higher education if the technical assistance to develop and dissemi- ioral Health, National Association for Rural Secretary determines that extraordinary nate effective strategies and best practices Mental Health, National Association of Men- need at the institution justifies the waiver. related to youth suicide prevention. tal Health Planning & Advisory Councils, ‘‘(g) REPORTS.—For each fiscal year that Our organizations support all three ele- National Association of Psychiatric Health grants are awarded under this section, the ments of the GLSMA, which provide a com- Systems, National Association of School Secretary shall conduct a study on the re- prehensive approach to addressing the na- Psychologists, National Association of So- sults of the grants and submit to the Con- tional problem of youth suicide. Specifically, cial Workers, National Coalition for Mental

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5246 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 Health Recovery, National Council for Com- But while the needs for mental resources they needed to identify those munity Behavioral Healthcare, National health services on campus are rising, students and help them? Our students Council on Problem Gambling, School Social colleges are facing financial pressures deserve better. Work Association of America, Therapeutic and having trouble meeting this de- We need to help schools meet the Communities of America, Tourette Syn- drome Association, U.S. Psychiatric Reha- mand. As I have travelled around my needs of their students, and that is why bilitation Association, Witness Justice. State, I have learned just how thin col- I am an original cosponsor of the Gar- * not a MHLG member leges and universities are stretched rett Lee Smith Memorial Act Reau- thorization. This bill includes an im- Mr. DURBIN. Mr. President, three when it comes to providing counseling portant provision of the Mental Health years ago, a mentally disturbed gun- and other support services to students. on Campus Improvement Act, which I man walked into a campus lecture hall Take Southern Illinois University in introduced last Congress that would in- at Northern Illinois University and Carbondale. SIUC has 8 full-time coun- crease funding for colleges and univer- shot 22 students, killing 5 of them. selors for 20,000 students. That is 1 sities to improve their mental health Northern Illinois University is not the counselor for every 2,500 students. The services. Colleges could use the funding first college to experience this kind of recommended ratio is 1 counselor for to hire personnel, increase outreach, tragedy. We all remember the horrific every 1,500 students. And there is an- and educate the campus community events at Virginia Tech in 2007 where other problem. Like many rural com- about mental health. The Garrett Lee 32 lives were taken by a gunman. munities, Carbondale only has one In the aftermath of these shootings, community mental health agency. Smith Memorial Act Reauthorization we asked what could have been done to That agency is overwhelmed by the would provide States, tribes/tribal or- prevent it. And years later, we are still mental health needs of the community ganizations, and universities with trying to make sense of it. Some be- and refuses to serve students from much needed resources to prevent sui- lieve nothing can be done to stop a dis- SIUC. The campus counseling center is cide. Reflecting on the loss of his own son, turbed person from committing acts of the only mental health option for stu- the well-known minister Rev. William violence. But I believe we can and dents. The eight hard-working coun- Sloan Coffin once said, ‘‘When parents should do more. selors at SIUC do their best under im- For a long time, we have overlooked possible conditions. They triage stu- die, they take with them a portion of the mental health needs of students on dents who come in seeking help so that the past. But when children die, they college campuses. We know now that the ones who might be a threat to take away the future as well.’’ I hope many mental illnesses start to mani- themselves or others are seen first. The the Garrett Lee Smith Memorial Act fest in this period when young people waitlist of students seeking services will help prevent the unnecessary loss leave the security of home and regular has reached 45 students. of more young lives and bright futures. The story is the same across the medical care. The responsibility for the By Mr. AKAKA (for himself, Ms. country. Colleges are trying to fill in students’ well-being often shifts from COLLINS, Mr. GRASSLEY, Mr. parents to students, and the students the gaps, but because of the shortage of LIEBERMAN, Mr. LEVIN, Mr. aren’t always completely prepared. It counselors, students’ needs are over- CARPER, Mr. LEAHY, Mr. HAR- is easier for a young person’s problems looked. A recent survey of college KIN, Mr. PRYOR, Ms. LANDRIEU, to go unnoticed when he or she is away counseling centers indicates that the Mrs. MCCASKILL, Mr. TESTER, at college than when they are at home, average ratio of professional-staff-to- Mr. BEGICH, and Mr. CARDIN): in the company of parents, old friends, students is 1 to 1,900. Although interest S. 743. A bill to amend chapter 23 of and high school teachers. College also in mental health services is high, the title 5, United States Code, to clarify provides a new opportunity for young recession has put pressure on adminis- the disclosures of information pro- people to experiment with drugs or al- trators to cut budgets wherever they tected from prohibited personnel prac- cohol. can. At times, counseling centers are tices, require a statement in nondisclo- The consequences of not detecting or in the crosshairs. Ten percent of survey sure policies, forms, and agreements addressing mental health needs among respondents said their budgets were cut that such policies, forms, and agree- students are real. Suicide remains the during the 2007–8 academic year, half ments conform with certain disclosure third leading cause of death for adoles- said their budgets stayed the same, and protections, provide certain authority cents and young adults between ages nearly a quarter reported that their for the Special Counsel, and for other 10–24. Suicide takes the lives of more funds increased by 3 percent or less. purposes; to the Committee on Home- young adults than AIDS, cancer, heart With so many students looking for land Security and Governmental Af- disease, pneumonia, birth defects, and help and so few counselors to see them, fairs. influenza combined. Forty-five percent counseling centers have to cut back on Mr. AKAKA. Mr. President, today I of college students report having felt outreach. Without outreach, the rise to reintroduce the whistleblower so depressed that it was difficult to chances of finding students who need Protection Enhancement Act. I am function. Ten percent have con- help but don’t ask for it goes down. pleased that Senators COLLINS, GRASS- templated suicide. There are over 1,000 This is a serious problem. We know LEY, LIEBERMAN, LEVIN, CARPER, suicides on college campus each year. that some students exhibit warning LEAHY, HARKIN, PRYOR, LANDRIEU, These heartbreaking and traumatic in- signs of a tortured mental state and MCCASKILL, TESTER, BEGICH, and cidents demonstrate the tragic con- four out of five young adults show CARDIN have joined as cosponsors of sequences of mental instability and warning signs before attempting sui- this bill. help us recognize we need to do more to cide. But faculty and students don’t al- The need for stronger whistleblower support students during what can be ways know how or where to express protections is clear. As we slowly re- very tough years. their concerns. Outreach efforts by cover from the deepest recession since Fortunately, many students can suc- campus counseling centers can help the Great Depression, and grapple with ceed in college if they have appropriate educate the community about warning unsustainable budget deficits, we can- counseling services and access to need- signs to look for as well as how to in- not wait to act on measures to make ed medications. These services make a tervene. Of the students who com- sure the government uses taxpayer real impact. Students who seek help mitted suicide across the country in money efficiently and effectively. are six times less likely to kill them- 2007, only 22 percent had received coun- This legislation will help us hold selves. Colleges are welcoming stu- seling on campus. That means that of those who manage the public’s dollars dents today who 10 or 20 years ago the 1,000 college students who took accountable by strengthening protec- would not have been able to attend their own lives, 800 may never have tions for Federal employees who shed school due to mental illness, but who looked for help. How many of those light on government waste, fraud, and can today because of advances in treat- young lives could have been saved if abuse. Studies have shown that em- ment. our college counseling centers had the ployee whistleblowers are responsible

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5247 for uncovering more fraud than audi- Moreover, it would make clear that (e)(1) of section 1221, by inserting ‘‘or pro- tors, internal compliance officers, and whistleblowers who disclose censorship tected activity’’ after ‘‘disclosure’’ each law enforcement officials combined. As of scientific information that could place it appears. (B) Section 2302(b)(9) of title 5, United an example of the type of disclosures lead to gross government waste or mis- States Code, is amended— we need to encourage, in one of the few management, danger to public health (i) by striking subparagraph (A)and insert- cases in which a whistleblower pre- or safety, or a violation of law are pro- ing the following: vailed, an Internal Revenue Service tected. ‘‘(A) the exercise of any appeal, complaint, manager disclosed alleged fraud and I have been a long-time proponent of or grievance right granted by any law, rule, preferential treatment of certain strengthening oversight by protecting or regulation— wealthy and influential taxpayers. The Federal whistleblowers. Last Congress, ‘‘(i) with regard to remedying a violation Merit Systems Protection Board denied my Whistleblower Protection Enhance- of paragraph (8); or ‘‘(ii) with regard to remedying a violation his claim, but five years after the whis- ment Act, S. 372, passed both the Sen- of any other law, rule, or regulation;’’; and tleblower retaliation occurred, the ate and the House of Representatives (ii) in subparagraph (B), by inserting ‘‘(i) Court of Appeals reversed. Ensuring by unanimous consent in December or (ii)’’ after ‘‘subparagraph (A)’’. that dedicated civil servants can come 2010. In the 110th Congress, my bill, the (C) Section 2302 of title 5, United States forward and report wrongdoing without Federal Employee Protection of Disclo- Code, is amended by adding at the end the facing retaliation is an important step sures Act, S. 274, passed the Senate by following: unanimous consent in December 2007, ‘‘(f)(1) A disclosure shall not be excluded for saving taxpayer dollars, reducing from subsection (b)(8) because— the deficit, and improving our coun- and a similar bill, H.R. 985, also passed ‘‘(A) the disclosure was made to a person, try’s long-term economic health. in the House of Representatives in including a supervisor, who participated in Our bill also will contribute to public March 2008. Unfortunately, both times, an activity that the employee or applicant health and safety, civil rights and civil we were not able to reconcile the two reasonably believed to be covered by sub- liberties, national security, and other bills and enact whistleblower protec- section (b)(8)(A)(ii); critical interests. Federal employees tions before the Congress adjourned. I ‘‘(B) the disclosure revealed information may be the only people in the position intend to finish the job this Congress. that had been previously disclosed; to observe a problem with a drug safety Whistleblowers simply cannot wait any ‘‘(C) of the employee’s or applicant’s mo- tive for making the disclosure; trial, a cover up of violations during a longer. ‘‘(D) the disclosure was not made in writ- food inspection, overreach in Federal Congress has a duty to provide strong ing; law enforcement, or safety concerns at protections for Federal whistleblowers. ‘‘(E) the disclosure was made while the em- a nuclear plant. But few employees will Only when Federal employees are con- ployee was off duty; or have the courage to disclose Federal fident that they will not face retalia- ‘‘(F) of the amount of time which has Government wrongdoing, which can af- tion will they feel comfortable coming passed since the occurrence of the events de- fect every aspect of government oper- forward to disclose information that scribed in the disclosure. ‘‘(2) If a disclosure is made during the nor- ations, without meaningful whistle- can be used to improve government op- mal course of duties of an employee, the dis- blower protections. erations, our national security, and the closure shall not be excluded from sub- The Whistleblower Protection Act, health of our citizens. I urge my col- section (b)(8) if any employee who has au- WPA, was intended to shield Federal leagues to support this legislation. thority to take, direct others to take, rec- whistleblowers from retaliation, but Mr. President, I ask unanimous con- ommend, or approve any personnel action the Court of Appeals or the Federal sent that the text of the bill be printed with respect to the employee making the dis- closure, took, failed to take, or threatened Circuit and the Merit Systems Protec- in the RECORD. to take or fail to take a personnel action tion Board repeatedly have issued deci- There being no objection, the text of with respect to that employee in reprisal for sions that misconstrue the WPA and the bill was ordered to be printed in the disclosure.’’. scale back its protections. Federal the RECORD, as follows: SEC. 102. DEFINITIONAL AMENDMENTS. whistleblowers have prevailed on the S. 743 Section 2302(a)(2) of title 5, United States merits of their claims before the Fed- Be it enacted by the Senate and House of Rep- Code, is amended— eral Circuit which has sole jurisdiction resentatives of the United States of America in (1) in subparagraph (B)(ii), by striking over Federal employee whistleblower Congress assembled, ‘‘and’’ at the end; (2) in subparagraph (C)(iii), by striking the appeals, only three times in hundreds SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Whistle- period at the end and inserting ‘‘; and’’; and of cases since 1994. correction is ur- (3) by adding at the end the following: gently needed. blower Protection Enhancement Act of 2011’’. ‘‘(D) ‘disclosure’ means a formal or infor- Our bill would eliminate a number of mal communication or transmission, but restrictions that the Federal Circuit TITLE I—PROTECTION OF CERTAIN DIS- does not include a communication con- has read into the law regarding when CLOSURES OF INFORMATION BY FED- cerning policy decisions that lawfully exer- disclosures are covered by the WPA. ERAL EMPLOYEES cise discretionary authority unless the em- Because of the Federal Circuit’s re- SEC. 101. CLARIFICATION OF DISCLOSURES COV- ployee or applicant providing the disclosure ERED. reasonably believes that the disclosure evi- strictive reading of the WPA, it would (a) IN GENERAL.—Section 2302(b)(8) of title establish a pilot program to allow dences— 5, United States Code, is amended— ‘‘(i) any violation of any law, rule, or regu- multi-circuit review for 5 years, and (1) in subparagraph (A)(i), by striking ‘‘a lation, and occurs during the conscientious would require a Government Account- violation’’ and inserting ‘‘any violation’’; carrying out of official duties; or ability Office review of that change 40 and ‘‘(ii) gross mismanagement, a gross waste months after enactment. This bill (2) in subparagraph (B)(i), by striking ‘‘a of funds, an abuse of authority, or a substan- would also bar agencies from revoking violation’’ and inserting ‘‘any violation tial and specific danger to public health or an employee’s security clearance in re- (other than a violation of this section)’’. safety.’’. ROHIBITED ERSONNEL RACTICES (b) P P P SEC. 103. REBUTTABLE PRESUMPTION. taliation for whistleblowing. UNDER SECTION 2302(b)(9).— Additionally, this bill expands cov- Section 2302(b) of title 5, United States (1) TECHNICAL AND CONFORMING AMEND- Code, is amended by amending the matter erage to new groups of whistleblowers. MENTS.—Title 5, United States Code, is following paragraph (12) to read as follows: This bill would expand the coverage of amended in subsections (a)(3), (b)(4)(A), and ‘‘This subsection shall not be construed to the Whistleblower Protection Act to (b)(4)(B)(i) of section 1214, in subsections (a), authorize the withholding of information include employees of the Transpor- (e)(1), and (i) of section 1221, and in sub- from Congress or the taking of any personnel tation Security Administration. Intel- section (a)(2)(C)(i) of section 2302, by insert- action against an employee who discloses in- ligence Community employees for the ing ‘‘or section 2302(b)(9) (A)(i), (B), (C), or formation to Congress. For purposes of para- (D)’’ after ‘‘section 2302(b)(8)’’ or ‘‘(b)(8)’’ graph (8), any presumption relating to the first time would be protected as well, each place it appears. performance of a duty by an employee whose with an administrative process mod- (2) OTHER REFERENCES.—(A) Title 5, United conduct is the subject of a disclosure as de- eled on the protections for Federal Bu- States Code, is amended in subsection fined under subsection (a)(2)(D) may be re- reau of Investigations employees. (b)(4)(B)(i) of section 1214 and in subsection butted by substantial evidence. For purposes

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.001 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5248 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 of paragraph (8), a determination as to former employee if the agency posts notice ployed or had applied for employment at the whether an employee or applicant reason- of the statement on the agency website for time of the events giving rise to the case’’. ably believes that such employee or appli- the 1-year period following that effective (b) DAMAGES.—Sections 1214(g)(2) and cant has disclosed information that evi- date. 1221(g)(1)(A)(ii) of title 5, United States Code, dences any violation of law, rule, regulation, (c) RETALIATORY INVESTIGATIONS.— are amended by striking all after ‘‘travel ex- gross mismanagement, a gross waste of (1) AGENCY INVESTIGATION.—Section 1214 of penses,’’ and inserting ‘‘any other reasonable funds, an abuse of authority, or a substantial title 5, United States Code, is amended by and foreseeable consequential damages, and and specific danger to public health or safety adding at the end the following: compensatory damages (including interest, shall be made by determining whether a dis- ‘‘(h) Any corrective action ordered under reasonable expert witness fees, and costs).’’ interested observer with knowledge of the es- this section to correct a prohibited personnel each place it appears. sential facts known to and readily ascertain- practice may include fees, costs, or damages SEC. 108. JUDICIAL REVIEW. able by the employee could reasonably con- reasonably incurred due to an agency inves- (a) IN GENERAL.—Section 7703(b) of title 5, clude that the actions of the Government tigation of the employee, if such investiga- United States Code, is amended by striking evidence such violations, mismanagement, tion was commenced, expanded, or extended the matter preceding paragraph (2) and in- waste, abuse, or danger.’’. in retaliation for the disclosure or protected serting the following: SEC. 104. PERSONNEL ACTIONS AND PROHIBITED activity that formed the basis of the correc- ‘‘(b)(1)(A) Except as provided in subpara- PERSONNEL PRACTICES. tive action.’’. graph (B) and paragraph (2) of this sub- (a) PERSONNEL ACTION.—Section (2) DAMAGES.—Section 1221(g) of title 5, 2302(a)(2)(A) of title 5, United States Code, is section, a petition to review a final order or United States Code, is amended by adding at final decision of the Board shall be filed in amended— the end the following: (1) in clause (x), by striking ‘‘and’’ after the United States Court of Appeals for the ‘‘(4) Any corrective action ordered under Federal Circuit. Notwithstanding any other the semicolon; and this section to correct a prohibited personnel (2) by redesignating clause (xi) as clause provision of law, any petition for review practice may include fees, costs, or damages shall be filed within 60 days after the Board (xii) and inserting after clause (x) the fol- reasonably incurred due to an agency inves- lowing: issues notice of the final order or decision of tigation of the employee, if such investiga- the Board. ‘‘(xi) the implementation or enforcement tion was commenced, expanded, or extended of any nondisclosure policy, form, or agree- ‘‘(B) During the 5-year period beginning on in retaliation for the disclosure or protected the effective date of the Whistleblower Pro- ment; and’’. activity that formed the basis of the correc- (b) PROHIBITED PERSONNEL PRACTICE.— tection Enhancement Act of 2011, a petition tive action.’’. (1) IN GENERAL.—Section 2302(b) of title 5, to review a final order or final decision of United States Code, is amended— SEC. 105. EXCLUSION OF AGENCIES BY THE the Board that raises no challenge to the PRESIDENT. (A) in paragraph (11), by striking ‘‘or’’ at Board’s disposition of allegations of a pro- Section 2302(a)(2)(C) of title 5, United the end; hibited personnel practice described in sec- States Code, is amended by striking clause (B) in paragraph (12), by striking the pe- tion 2302(b) other than practices described in (ii) and inserting the following: riod and inserting ‘‘; or’’; and section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), (C) by inserting after paragraph (12) the ‘‘(ii)(I) the Federal Bureau of Investiga- or (D) shall be filed in the United States following: tion, the Central Intelligence Agency, the Court of Appeals for the Federal Circuit or ‘‘(13) implement or enforce any nondisclo- Defense Intelligence Agency, the National any court of appeals of competent jurisdic- sure policy, form, or agreement, if such pol- Geospatial-Intelligence Agency, the National tion as provided under paragraph (2).’’. icy, form, or agreement does not contain the Security Agency, the Office of the Director (b) REVIEW OBTAINED BY OFFICE OF PER- following statement: ‘These provisions are of National Intelligence, and the National SONNEL MANAGEMENT.—Section 7703(d) of consistent with and do not supersede, con- Reconnaissance Office; and title 5, United States Code, is amended to flict with, or otherwise alter the employee ‘‘(II) as determined by the President, any read as follows: obligations, rights, or liabilities created by executive agency or unit thereof the prin- ‘‘(d)(1) Except as provided under paragraph Executive Order 13526 (75 Fed. Reg. 707; relat- cipal function of which is the conduct of for- (2), this paragraph shall apply to any review ing to classified national security informa- eign intelligence or counterintelligence ac- obtained by the Director of the Office of Per- tion), or any successor thereto; Executive tivities, provided that the determination be sonnel Management. The Director of the Of- Order 12968 (60 Fed. Reg. 40245; relating to ac- made prior to a personnel action; or’’. fice of Personnel Management may obtain cess to classified information), or any suc- SEC. 106. DISCIPLINARY ACTION. review of any final order or decision of the cessor thereto; section 7211 of title 5, United Section 1215(a)(3) of title 5, United States Board by filing, within 60 days after the States Code (governing disclosures to Con- Code, is amended to read as follows: Board issues notice of the final order or deci- gress); section 1034 of title 10, United States ‘‘(3)(A) A final order of the Board may im- sion of the Board, a petition for judicial re- Code (governing disclosure to Congress by pose— view in the United States Court of Appeals members of the military); section 2302(b)(8) ‘‘(i) disciplinary action consisting of re- for the Federal Circuit if the Director deter- of title 5, United States Code (governing dis- moval, reduction in grade, debarment from mines, in the discretion of the Director, that closures of illegality, waste, fraud, abuse, or Federal employment for a period not to ex- the Board erred in interpreting a civil serv- public health or safety threats); the Intel- ceed 5 years, suspension, or reprimand; ice law, rule, or regulation affecting per- ligence Identities Protection Act of 1982 (50 ‘‘(ii) an assessment of a civil penalty not to sonnel management and that the Board’s de- U.S.C. 421 et seq.) (governing disclosures that exceed $1,000; or cision will have a substantial impact on a could expose confidential Government ‘‘(iii) any combination of disciplinary ac- civil service law, rule, regulation, or policy agents); and the statutes which protect tions described under clause (i) and an as- directive. If the Director did not intervene in against disclosures that could compromise sessment described under clause (ii). a matter before the Board, the Director may national security, including sections 641, 793, ‘‘(B) In any case brought under paragraph not petition for review of a Board decision 794, 798, and 952 of title 18, United States (1) in which the Board finds that an em- under this section unless the Director first Code, and section 4(b) of the Subversive Ac- ployee has committed a prohibited personnel petitions the Board for a reconsideration of tivities Control Act of 1950 (50 U.S.C. 783(b)). practice under section 2302(b)(8), or 2302(b)(9) its decision, and such petition is denied. In The definitions, requirements, obligations, (A)(i), (B), (C), or (D), the Board may impose addition to the named respondent, the Board rights, sanctions, and liabilities created by disciplinary action if the Board finds that and all other parties to the proceedings be- such Executive order and such statutory pro- the activity protected under section fore the Board shall have the right to appear visions are incorporated into this agreement 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D) in the proceeding before the Court of Ap- and are controlling.’ ’’. was a significant motivating factor, even if peals. The granting of the petition for judi- (2) NONDISCLOSURE POLICY, FORM, OR AGREE- other factors also motivated the decision, for cial review shall be at the discretion of the MENT IN EFFECT BEFORE THE DATE OF ENACT- the employee’s decision to take, fail to take, Court of Appeals. MENT.—A nondisclosure policy, form, or or threaten to take or fail to take a per- ‘‘(2) During the 5-year period beginning on agreement that was in effect before the date sonnel action, unless that employee dem- the effective date of the Whistleblower Pro- of enactment of this Act, but that does not onstrates, by preponderance of evidence, tection Enhancement Act of 2011, this para- contain the statement required under sec- that the employee would have taken, failed graph shall apply to any review obtained by tion 2302(b)(13) of title 5, United States Code, to take, or threatened to take or fail to take the Director of the Office of Personnel Man- (as added by this Act) for implementation or the same personnel action, in the absence of agement that raises no challenge to the enforcement— such protected activity.’’. Board’s disposition of allegations of a pro- (A) may be enforced with regard to a cur- SEC. 107. REMEDIES. hibited personnel practice described in sec- rent employee if the agency gives such em- (a) ATTORNEY FEES.—Section 1204(m)(1) of tion 2302(b) other than practices described in ployee notice of the statement; and title 5, United States Code, is amended by section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), (B) may continue to be enforced after the striking ‘‘agency involved’’ and inserting or (D). The Director of the Office of Per- effective date of this Act with regard to a ‘‘agency where the prevailing party was em- sonnel Management may obtain review of

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ADVISING EMPLOYEES OF RIGHTS. filing, within 60 days after the Board issues search, analysis, or technical information’’ Section 2302(c) of title 5, United States notice of the final order or decision of the means any effort to distort, misrepresent, or Code, is amended by inserting ‘‘, including Board, a petition for judicial review in the suppress research, analysis, or technical in- how to make a lawful disclosure of informa- United States Court of Appeals for the Fed- formation; tion that is specifically required by law or eral Circuit or any court of appeals of com- (4) the term ‘‘covered position’’ has the Executive order to be kept classified in the petent jurisdiction as provided under sub- meaning given under section 2302(a)(2)(B) of interest of national defense or the conduct of section (b)(2) if the Director determines, in title 5, United States Code; foreign affairs to the Special Counsel, the In- the discretion of the Director, that the (5) the term ‘‘employee’’ means an em- spector General of an agency, Congress, or Board erred in interpreting a civil service ployee in a covered position in an agency; other agency employee designated to receive law, rule, or regulation affecting personnel and such disclosures’’ after ‘‘chapter 12 of this management and that the Board’s decision (6) the term ‘‘disclosure’’ has the meaning title’’. will have a substantial impact on a civil given under section 2302(a)(2)(D) of title 5, SEC. 113. SPECIAL COUNSEL AMICUS CURIAE AP- service law, rule, regulation, or policy direc- United States Code. tive. If the Director did not intervene in a PEARANCE. (b) PROTECTED DISCLOSURE.— matter before the Board, the Director may Section 1212 of title 5, United States Code, (1) IN GENERAL.—Any disclosure of informa- not petition for review of a Board decision is amended by adding at the end the fol- tion by an employee or applicant for employ- under this section unless the Director first lowing: petitions the Board for a reconsideration of ment that the employee or applicant reason- ‘‘(h)(1) The Special Counsel is authorized its decision, and such petition is denied. In ably believes is evidence of censorship re- to appear as amicus curiae in any action addition to the named respondent, the Board lated to research, analysis, or technical in- brought in a court of the United States re- and all other parties to the proceedings be- formation— lated to any civil action brought in connec- fore the Board shall have the right to appear (A) shall come within the protections of tion with section 2302(b) (8) or (9), or as oth- in the proceeding before the court of appeals. section 2302(b)(8)(A) of title 5, United States erwise authorized by law. In any such action, The granting of the petition for judicial re- Code, if— the Special Counsel is authorized to present view shall be at the discretion of the court of (i) the employee or applicant reasonably the views of the Special Counsel with respect appeals.’’. believes that the censorship related to re- to compliance with section 2302(b) (8) or (9) search, analysis, or technical information is SEC. 109. PROHIBITED PERSONNEL PRACTICES and the impact court decisions would have AFFECTING THE TRANSPORTATION or will cause— on the enforcement of such provisions of law. (I) any violation of law, rule, or regulation, SECURITY ADMINISTRATION. ‘‘(2) A court of the United States shall and occurs during the conscientious carrying (a) IN GENERAL.—Chapter 23 of title 5, grant the application of the Special Counsel out of official duties; or United States Code, is amended— to appear in any such action for the purposes (II) gross mismanagement, a gross waste of (1) by redesignating sections 2304 and 2305 described under subsection (a).’’. as sections 2305 and 2306, respectively; and funds, an abuse of authority, or a substantial (2) by inserting after section 2303 the fol- and specific danger to public health or safe- SEC. 114. SCOPE OF DUE PROCESS. lowing: ty; and (a) SPECIAL COUNSEL.—Section ‘‘§ 2304. Prohibited personnel practices affect- (ii) such disclosure is not specifically pro- 1214(b)(4)(B)(ii) of title 5, United States Code, ing the Transportation Security Adminis- hibited by law or such information is not is amended by inserting ‘‘, after a finding tration specifically required by Executive order to that a protected disclosure was a contrib- be kept classified in the interest of national ‘‘(a) IN GENERAL.—Notwithstanding any uting factor,’’ after ‘‘ordered if’’. other provision of law, any individual hold- defense or the conduct of foreign affairs; and (b) INDIVIDUAL ACTION.—Section 1221(e)(2) ing or applying for a position within the (B) shall come within the protections of of title 5, United States Code, is amended by Transportation Security Administration section 2302(b)(8)(B) of title 5, United States inserting ‘‘, after a finding that a protected shall be covered by— Code, if— disclosure was a contributing factor,’’ after ‘‘(1) the provisions of section 2302(b) (1), (8), (i) the employee or applicant reasonably ‘‘ordered if’’. and (9); believes that the censorship related to re- search, analysis, or technical information is SEC. 115. NONDISCLOSURE POLICIES, FORMS, ‘‘(2) any provision of law implementing AND AGREEMENTS. section 2302(b) (1), (8), or (9) by providing any or will cause— (I) any violation of law, rule, or regulation, (a) IN GENERAL.— right or remedy available to an employee or (1) REQUIREMENT.—Each agreement in applicant for employment in the civil serv- and occurs during the conscientious carrying out of official duties; or Standard Forms 312 and 4414 of the Govern- ice; and ment and any other nondisclosure policy, ‘‘(3) any rule or regulation prescribed (II) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial form, or agreement of the Government shall under any provision of law referred to in contain the following statement: ‘‘These re- paragraph (1) or (2). and specific danger to public health or safe- ty; and strictions are consistent with and do not su- ‘‘(b) RULE OF CONSTRUCTION.—Nothing in persede, conflict with, or otherwise alter the this section shall be construed to affect any (ii) the disclosure is made to the Special Counsel, or to the Inspector General of an employee obligations, rights, or liabilities rights, apart from those described in sub- created by Executive Order 13526 (75 Fed. section (a), to which an individual described agency or another person designated by the Reg. 707; relating to classified national secu- in subsection (a) might otherwise be entitled head of the agency to receive such disclo- rity information), or any successor thereto; under law.’’. sures, consistent with the protection of Executive Order 12968 (60 Fed. Reg. 40245; re- (b) TECHNICAL AND CONFORMING AMEND- sources and methods. lating to access to classified information), or MENT.—The table of sections for chapter 23 of (2) DISCLOSURES NOT EXCLUDED.—A disclo- title 5, United States Code, is amended by sure shall not be excluded from paragraph (1) any successor thereto; section 7211 of title 5, striking the items relating to sections 2304 for any reason described under section United States Code (governing disclosures to and 2305, respectively, and by inserting the 2302(f)(1) or (2) of title 5, United States Code. Congress); section 1034 of title 10, United following: (3) RULE OF CONSTRUCTION.—Nothing in this States Code (governing disclosure to Con- gress by members of the military); section ‘‘2304. Prohibited personnel practices affect- section shall be construed to imply any limi- 2302(b)(8) of title 5, United States Code (gov- ing the Transportation Secu- tation on the protections of employees and erning disclosures of illegality, waste, fraud, rity Administration. applicants afforded by any other provision of ‘‘2305. Responsibility of the Government Ac- law, including protections with respect to abuse, or public health or safety threats); countability Office. any disclosure of information believed to be the Intelligence Identities Protection Act of ‘‘2306. Coordination with certain other provi- evidence of censorship related to research, 1982 (50 U.S.C. 421 et seq.) (governing disclo- sions of law.’’. analysis, or technical information. sures that could expose confidential Govern- (c) EFFECTIVE DATE.—The amendments ment agents); and the statutes which protect made by this section shall take effect on the SEC. 111. CLARIFICATION OF WHISTLEBLOWER against disclosure that may compromise the RIGHTS FOR CRITICAL INFRASTRUC- national security, including sections 641, 793, date of enactment of this section. TURE INFORMATION. SEC. 110. DISCLOSURE OF CENSORSHIP RELATED 794, 798, and 952 of title 18, United States TO RESEARCH, ANALYSIS, OR TECH- Section 214(c) of the Homeland Security Code, and section 4(b) of the Subversive Ac- NICAL INFORMATION. Act of 2002 (6 U.S.C. 133(c)) is amended by tivities Act of 1950 (50 U.S.C. 783(b)). The (a) DEFINITIONS.—In this subsection— adding at the end the following: ‘‘For pur- definitions, requirements, obligations, (1) the term ‘‘agency’’ has the meaning poses of this section a permissible use of rights, sanctions, and liabilities created by given under section 2302(a)(2)(C) of title 5, independently obtained information includes such Executive order and such statutory pro- United States Code; the disclosure of such information under sec- visions are incorporated into this agreement (2) the term ‘‘applicant’’ means an appli- tion 2302(b)(8) of title 5, United States and are controlling.’’. cant for a covered position; Code.’’. (2) ENFORCEABILITY.—

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(A) IN GENERAL.—Any nondisclosure policy, (A) Information relating to the outcome of 1221(a) based on an alleged prohibited per- form, or agreement described under para- cases decided during the applicable year of sonnel practice described in section 2302(b) graph (1) that does not contain the state- the report in which violations of section (8) or (9) (A)(i), (B), (C), or (D) for which the ment required under paragraph (1) may not 2302(b) (8) or (9) (A)(i), (B)(i), (C), or (D) of associated personnel action is an action cov- be implemented or enforced to the extent title 5, United States Code, were alleged. ered under section 7512 or 7542; or such policy, form, or agreement is incon- (B) The number of such cases filed in the ‘‘(ii) files an appeal under section 7701(a)(1) sistent with that statement. regional and field offices, the number of peti- alleging as an affirmative defense the com- (B) NONDISCLOSURE POLICY, FORM, OR tions for review filed in such cases, and the mission of a prohibited personnel practice AGREEMENT IN EFFECT BEFORE THE DATE OF outcomes of such cases. described in section 2302(b) (8) or (9) (A)(i), ENACTMENT.—A nondisclosure policy, form, (2) FIRST REPORT.—The first report de- (B), (C), or (D) for which the associated per- or agreement that was in effect before the scribed under paragraph (1) submitted after sonnel action is an action covered under sec- date of enactment of this Act, but that does the date of enactment of this Act shall in- tion 7512 or 7542; not contain the statement required under clude an addendum required under that sub- ‘‘(B)(i) within 30 days after the date on paragraph (1)— paragraph that covers the period beginning which the request for corrective action or (i) may be enforced with regard to a cur- on January 1, 2009 through the end of the fis- appeal was duly submitted, such employee, rent employee if the agency gives such em- cal year 2009. former employee, or applicant for employ- ployee notice of the statement; and SEC. 117. ALTERNATIVE REVIEW. ment files a motion requesting a certifi- (ii) may continue to be enforced after the (a) IN GENERAL.—Section 1221 of title 5, cation consistent with subparagraph (C) to effective date of this Act with regard to a United States Code, is amended by adding at the Board, any administrative law judge ap- former employee if the agency posts notice the end the following: pointed by the Board under section 3105 of of the statement on the agency website for ‘‘(k)(1) In this subsection, the term ‘appro- this title and assigned to the case, or any the 1-year period following that effective priate United States district court’, as used employee of the Board designated by the date. with respect to an alleged prohibited per- Board and assigned to the case; and ‘‘(ii) such employee has not previously (b) PERSONS OTHER THAN GOVERNMENT EM- sonnel practice, means the United States dis- filed a motion under clause (i) related to PLOYEES.—Notwithstanding subsection (a), a trict court for the judicial district in that request for corrective action; and nondisclosure policy, form, or agreement which— that is to be executed by a person connected ‘‘(C) the Board, any administrative law ‘‘(A) the prohibited personnel practice is judge appointed by the Board under section with the conduct of an intelligence or intel- alleged to have been committed; or ligence-related activity, other than an em- 3105 of this title and assigned to the case, or ‘‘(B) the employee, former employee, or ap- any employee of the Board designated by the ployee or officer of the United States Gov- plicant for employment allegedly affected by ernment, may contain provisions appropriate Board and assigned to the case certifies such practice resides. that— to the particular activity for which such doc- ‘‘(2)(A) An employee, former employee, or ‘‘(i) under standard applicable to the re- ument is to be used. Such policy, form, or applicant for employment in any case to view of motions to dismiss under rule 12(b)(6) agreement shall, at a minimum, require that which paragraph (3) or (4) applies may file an of the Federal Rules of Civil Procedure, in- the person will not disclose any classified in- action at law or equity for de novo review in cluding rule 12(d), the request for corrective formation received in the course of such ac- the appropriate United States district court action (including any allegations made with tivity unless specifically authorized to do so in accordance with this subsection. the motion under subparagraph (B)) would by the United States Government. Such non- ‘‘(B) Upon initiation of any action under not be subject to dismissal; and disclosure policy, form, or agreement shall subparagraph (A), the Board shall stay any ‘‘(ii)(I) the Board is not likely to dispose of also make it clear that such forms do not bar other claims of such employee, former em- the case within 270 days after the date on disclosures to Congress or to an authorized ployee, or applicant pending before the which a request for that corrective action official of an executive agency or the Depart- Board at that time which arise out of the has been duly submitted; or ment of Justice that are essential to report- same set of operative facts. Such claims ‘‘(II) the case— ing a substantial violation of law, consistent shall be stayed pending completion of the ac- ‘‘(aa) consists of multiple claims; with the protection of sources and methods. tion filed under subparagraph (A) before the ‘‘(bb) requires complex or extensive dis- SEC. 116. REPORTING REQUIREMENTS. appropriate United States district court and covery; (a) GOVERNMENT ACCOUNTABILITY OFFICE.— any associated appellate review. ‘‘(cc) arises out of the same set of opera- EPORT ‘‘(3) This paragraph applies in any case in (1) R .—Not later than 40 months tive facts as any civil action against the which— after the date of enactment of this Act, the Government filed by the employee, former ‘‘(A) an employee, former employee, or ap- Comptroller General shall submit a report to employee, or applicant pending in a Federal plicant for employment— the Committee on Homeland Security and court; or ‘‘(i) seeks corrective action from the Merit Governmental Affairs of the Senate and the ‘‘(dd) involves a novel question of law. Committee on Oversight and Government Systems Protection Board under section ‘‘(5) The Board shall grant or deny any mo- Reform of the House of Representatives on 1221(a) based on an alleged prohibited per- tion requesting a certification described the implementation of this title. sonnel practice described in section 2302(b) under paragraph (4)(ii) within 90 days after (2) CONTENTS.—The report under this para- (8) or (9) (A)(i), (B), (C), or (D) for which the the submission of such motion and the Board graph shall include— associated personnel action is an action cov- may not issue a decision on the merits of a (A) an analysis of any changes in the num- ered under section 7512 or 7542; or request for corrective action within 15 days ber of cases filed with the United States ‘‘(ii) files an appeal under section 7701(a) after granting or denying a motion request- Merit Systems Protection Board alleging alleging as an affirmative defense the com- ing certification. violations of section 2302(b) (8) or (9) of title mission of a prohibited personnel practice ‘‘(6)(A) Any decision of the Board, any ad- 5, United States Code, since the effective described in section 2302(b) (8) or (9) (A)(i), ministrative law judge appointed by the date of this Act; (B), (C), or (D) for which the associated per- Board under section 3105 of this title and as- (B) the outcome of the cases described sonnel action is an action covered under sec- signed to the case, or any employee of the under subparagraph (A), including whether tion 7512 or 7542; Board designated by the Board and assigned or not the United States Merit Systems Pro- ‘‘(B) no final order or decision is issued by to the case to grant or deny a certification tection Board, the Federal Circuit Court of the Board within 270 days after the date on described under paragraph (4)(ii) shall be re- Appeals, or any other court determined the which a request for that corrective action or viewed on appeal of a final order or decision allegations to be frivolous or malicious; appeal has been duly submitted, unless the of the Board under section 7703 only if— (C) an analysis of the outcome of cases de- Board determines that the employee, former ‘‘(i) a motion requesting a certification scribed under subparagraph (A) that were de- employee, or applicant for employment en- was denied; and cided by a United States District Court and gaged in conduct intended to delay the ‘‘(ii) the reviewing court vacates the deci- the impact the process has on the Merit Sys- issuance of a final order or decision by the sion of the Board on the merits of the claim tems Protection Board and the Federal court Board; and under the standards set forth in section system; and ‘‘(C) such employee, former employee, or 7703(c). (D) any other matter as determined by the applicant provides written notice to the ‘‘(B) The decision to deny the certification Comptroller General. Board of filing an action under this sub- shall be overturned by the reviewing court, (b) MERIT SYSTEMS PROTECTION BOARD.— section before the filing of that action. and an order granting certification shall be (1) IN GENERAL.—Each report submitted an- ‘‘(4) This paragraph applies in any case in issued by the reviewing court, if such deci- nually by the Merit Systems Protection which— sion is found to be arbitrary, capricious, or Board under section 1116 of title 31, United ‘‘(A) an employee, former employee, or ap- an abuse of discretion. States Code, shall, with respect to the period plicant for employment— ‘‘(C) The reviewing court’s decision shall covered by such report, include as an adden- ‘‘(i) seeks corrective action from the Merit not be considered evidence of any determina- dum the following: Systems Protection Board under section tion by the Board, any administrative law

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Ombudsman who shall educate agency em- Board designated by the Board on the merits (2) PENDING CLAIMS.—The amendments ployees— of the underlying allegations during the made by this section shall continue to apply ‘‘(i) about prohibitions on retaliation for course of any action at law or equity for de with respect to any claim pending before the protected disclosures; and novo review in the appropriate United States Board on the last day of the 5-year period de- ‘‘(ii) who have made or are contemplating district court in accordance with this sub- scribed under paragraph (1). making a protected disclosure about the section. SEC. 119. DISCLOSURES OF CLASSIFIED INFOR- rights and remedies against retaliation for ‘‘(7) In any action filed under this sub- MATION. protected disclosures. section— ‘‘(2) The Whistleblower Protection Om- (a) PROHIBITED PERSONNEL PRACTICES.— ‘‘(A) the district court shall have jurisdic- Section 2302(b)(8) of title 5, United States budsman shall not act as a legal representa- tion without regard to the amount in con- Code, is amended— tive, agent, or advocate of the employee or troversy; (1) in subparagraph (A), by striking ‘‘or’’ former employee. ‘‘(B) at the request of either party, such after the semicolon; ‘‘(3) For the purposes of this section, the action shall be tried by the court with a (2) in subparagraph (B), by adding ‘‘or’’ requirement of the designation of a Whistle- jury; after the semicolon; and blower Protection Ombudsman under para- ‘‘(C) the court— (3) by adding at the end the following: graph (1)(C) shall not apply to— ‘‘(i) subject to clause (iii), shall apply the ‘‘(C) any communication that complies ‘‘(A) any agency that is an element of the standards set forth in subsection (e); and with subsection (a)(1), (d), or (h) of section intelligence community (as defined in sec- ‘‘(ii) may award any relief which the court 8H of the Inspector General Act of 1978 (5 tion 3(4) of the National Security Act of 1947 considers appropriate under subsection (g), U.S.C. App);’’. (50 U.S.C. 401a(4))); or except— ‘‘(B) as determined by the President, any (b) INSPECTOR GENERAL ACT OF 1978.—Sec- ‘‘(I) relief for compensatory damages may executive agency or unit thereof the prin- tion 8H of the Inspector General Act of 1978 not exceed $300,000; and cipal function of which is the conduct of for- (5 U.S.C. App) is amended— ‘‘(II) relief may not include punitive dam- eign intelligence or counter intelligence ac- (1) in subsection (a)(1), by adding at the ages; and tivities.’’. end the following: ‘‘(iii) notwithstanding subsection (e)(2), (b) TECHNICAL AND CONFORMING AMEND- ‘‘(D) An employee of any agency, as that may not order relief if the agency dem- MENT.—Section 8D(j) of the Inspector Gen- term is defined under section 2302(a)(2)(C) of onstrates by a preponderance of the evidence eral Act of 1978 (5 U.S.C. App.) is amended— title 5, United States Code, who intends to that the agency would have taken the same (1) by striking ‘‘section 3(d)(1)’’ and insert- report to Congress a complaint or informa- personnel action in the absence of such dis- ing ‘‘section 3(d)(1)(A)’’; and tion with respect to an urgent concern may closure; and (2) by striking ‘‘section 3(d)(2)’’ and insert- report the complaint or information to the ‘‘(D) the Special Counsel may not rep- ing ‘‘section 3(d)(1)(B)’’. Inspector General (or designee) of the agency resent the employee, former employee, or ap- (c) SUNSET.— of which that employee is employed.’’; plicant for employment. (1) IN GENERAL.—The amendments made by (2) in subsection (c), by striking ‘‘intel- ‘‘(8) An appeal from a final decision of a this section shall cease to have effect on the ligence committees’’ and inserting ‘‘appro- district court in an action under this sub- date that is 5 years after the date of enact- priate committees’’; section shall be taken to the Court of Ap- ment of this Act. (3) in subsection (d)— peals for the Federal Circuit or any court of (2) RETURN TO PRIOR AUTHORITY.—Upon the (A) in paragraph (1), by striking ‘‘either or appeals of competent jurisdiction. date described in paragraph (1), section 3(d) both of the intelligence committees’’ and in- ‘‘(9) This subsection applies with respect to and section 8D(j) of the Inspector General serting ‘‘any of the appropriate commit- any appeal, petition, or other request for Act of 1978 (5 U.S.C. App.) shall read as such tees’’; and corrective action duly submitted to the sections read on the day before the date of (B) in paragraphs (2) and (3), by striking Board, whether under section 1214(b)(2), the enactment of this Act. preceding provisions of this section, section ‘‘intelligence committees’’ each place that term appears and inserting ‘‘appropriate TITLE II—INTELLIGENCE COMMUNITY 7513(d), section 7701, or any otherwise appli- WHISTLEBLOWER PROTECTIONS cable provisions of law, rule, or regulation.’’. committees’’; (4) in subsection (h)— SEC. 201. PROTECTION OF INTELLIGENCE COM- (b) SUNSET.— (A) in paragraph (1)— MUNITY WHISTLEBLOWERS. (1) IN GENERAL.—Except as provided under paragraph (2), the amendments made by this (i) in subparagraph (A), by striking ‘‘intel- (a) IN GENERAL.—Chapter 23 of title 5, section shall cease to have effect 5 years ligence’’; and United States Code, is amended by inserting after the effective date of this Act. (ii) in subparagraph (B), by inserting ‘‘or after section 2303 the following: an activity involving classified information’’ (2) PENDING CLAIMS.—The amendments ‘‘§ 2303A. Prohibited personnel practices in made by this section shall continue to apply after ‘‘an intelligence activity’’; and the intelligence community (B) by striking paragraph (2), and inserting with respect to any claim pending before the ‘‘(a) DEFINITIONS.—In this section— the following: Board on the last day of the 5-year period de- ‘‘(1) the term ‘agency’ means an executive ‘‘(2) The term ‘appropriate committees’ scribed under paragraph (1). department or independent establishment, as means the Permanent Select Committee on defined under sections 101 and 104, that con- SEC. 118. MERIT SYSTEMS PROTECTION BOARD Intelligence of the House of Representatives SUMMARY JUDGMENT. tains an intelligence community element, and the Select Committee on Intelligence of (a) IN GENERAL.—Section 1204(b) of title 5, except the Federal Bureau of Investigation; the Senate, except that with respect to dis- United States Code, is amended— ‘‘(2) the term ‘intelligence community ele- closures made by employees described in (1) by redesignating paragraph (3) as para- ment’— subsection (a)(1)(D), the term ‘appropriate graph (4); ‘‘(A) means— committees’ means the committees of appro- (2) by inserting after paragraph (2) the fol- ‘‘(i) the Central Intelligence Agency, the priate jurisdiction.’’. lowing: Defense Intelligence Agency, the National ‘‘(3) With respect to a request for correc- SEC. 120. WHISTLEBLOWER PROTECTION OM- Geospatial-Intelligence Agency, the National tive action based on an alleged prohibited BUDSMAN. Security Agency, the Office of the Director personnel practice described in section (a) IN GENERAL.—Section 3 of the Inspector of National Intelligence, and the National 2302(b) (8) or (9) (A)(i), (B), (C), or (D) for General Act of 1978 (5 U.S.C. App.) is amend- Reconnaissance Office; and which the associated personnel action is an ed by striking subsection (d) and inserting ‘‘(ii) any executive agency or unit thereof action covered under section 7512 or 7542, the the following: determined by the President under section Board, any administrative law judge ap- ‘‘(d)(1) Each Inspector General shall, in ac- 2302(a)(2)(C)(ii) of title 5, United States Code, pointed by the Board under section 3105 of cordance with applicable laws and regula- to have as its principal function the conduct this title, or any employee of the Board des- tions governing the civil service— of foreign intelligence or counterintelligence ignated by the Board may, with respect to ‘‘(A) appoint an Assistant Inspector Gen- activities; and any party, grant a motion for summary judg- eral for Auditing who shall have the respon- ‘‘(B) does not include the Federal Bureau ment when the Board or the administrative sibility for supervising the performance of of Investigation; and law judge determines that there is no gen- auditing activities relating to programs and ‘‘(3) the term ‘personnel action’ means any uine issue as to any material fact and that operations of the establishment; action described in clauses (i) through (x) of the moving party is entitled to a judgment ‘‘(B) appoint an Assistant Inspector Gen- section 2302(a)(2)(A) with respect to an em- as a matter of law.’’. eral for Investigations who shall have the re- ployee in a position in an intelligence com- (b) SUNSET.— sponsibility for supervising the performance munity element (other than a position of a (1) IN GENERAL.—Except as provided under of investigative activities relating to such confidential, policy-determining, policy- paragraph (2), the amendments made by this programs and operations; and making, or policy-advocating character).

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‘‘(b) IN GENERAL.—Any employee of an sion lasts no longer than 1 year or the head ‘‘(i) a violation of any law, rule, or regula- agency who has authority to take, direct of the agency certifies that a longer suspen- tion, and occurs during the conscientious others to take, recommend, or approve any sion is needed before a final decision on de- carrying out of official duties; or personnel action, shall not, with respect to nial or revocation to prevent imminent harm ‘‘(ii) gross mismanagement, a gross waste such authority, take or fail to take a per- to the national security. of funds, an abuse of authority, or a substan- sonnel action with respect to any employee ‘‘Any limitation period applicable to an tial and specific danger to public health or of an intelligence community element as a agency appeal under paragraph (7) shall be safety; reprisal for a disclosure of information by tolled until the head of the agency (or in the ‘‘(B) any disclosure to the Inspector Gen- the employee to the Director of National In- case of any component of the Department of eral of an agency or another employee des- telligence (or an employee designated by the Defense, the Secretary of Defense) deter- ignated by the head of the agency to receive Director of National Intelligence for such mines, with the concurrence of the Director such disclosures, of information which the purpose), or to the head of the employing of National Intelligence, that the policies employee reasonably believes evidences— agency (or an employee designated by the and procedures described in paragraph (7) ‘‘(i) a violation of any law, rule, or regula- head of that agency for such purpose), which have been established for the agency or the tion, and occurs during the conscientious the employee reasonably believes evi- Director of National Intelligence promul- carrying out of official duties; or dences— gates the policies and procedures under para- ‘‘(ii) gross mismanagement, a gross waste ‘‘(1) a violation of any law, rule, or regula- graph (7). The policies and procedures for ap- of funds, an abuse of authority, or a substan- tion, except for an alleged violation that oc- peals developed under paragraph (7) shall be tial and specific danger to public health or curs during the conscientious carrying out of comparable to the policies and procedures safety; official duties; or pertaining to prohibited personnel practices ‘‘(C) any communication that complies ‘‘(2) mismanagement, a gross waste of defined under section 2302(b)(8) of title 5, with— funds, an abuse of authority, or a substantial United States Code, and provide— ‘‘(i) subsection (a)(1), (d), or (h) of section and specific danger to public health or safe- ‘‘(A) for an independent and impartial fact- 8H of the Inspector General Act of 1978 (5 ty. finder; U.S.C. App.); ‘‘(c) ENFORCEMENT.—The President shall ‘‘(B) for notice and the opportunity to be ‘‘(ii) subsection (d)(5)(A), (D), or (G) of sec- provide for the enforcement of this section in heard, including the opportunity to present tion 17 of the Central Intelligence Agency a manner consistent with applicable provi- relevant evidence, including witness testi- Act of 1949 (50 U.S.C. 403q); or sions of sections 1214 and 1221. mony; ‘‘(iii) subsection (k)(5)(A), (D), or (G), of ‘‘(d) EXISTING RIGHTS PRESERVED.—Noth- ‘‘(C) that the employee or former employee section 103H of the National Security Act of ing in this section shall be construed to— may be represented by counsel; 1947 (50 U.S.C. 403–3h); ‘‘(1) preempt or preclude any employee, or ‘‘(D) that the employee or former employee ‘‘(D) the exercise of any appeal, complaint, applicant for employment, at the Federal has a right to a decision based on the record or grievance right granted by any law, rule, Bureau of Investigation from exercising developed during the appeal; or regulation; rights currently provided under any other ‘‘(E) that not more than 180 days shall pass ‘‘(E) testifying for or otherwise lawfully law, rule, or regulation, including section from the filing of the appeal to the report of assisting any individual in the exercise of any right referred to in subparagraph (D); or 2303; the impartial fact-finder to the agency head ‘‘(F) cooperating with or disclosing infor- ‘‘(2) repeal section 2303; or or the designee of the agency head, unless— mation to the Inspector General of an agen- ‘‘(3) provide the President or Director of ‘‘(i) the employee and the agency con- cy, in accordance with applicable provisions National Intelligence the authority to revise cerned agree to an extension; or of law in connection with an audit, inspec- regulations related to section 2303, codified ‘‘(ii) the impartial fact-finder determines tion, or investigation conducted by the In- in part 27 of the Code of Federal Regula- in writing that a greater period of time is re- spector General, tions.’’. quired in the interest of fairness or national if the actions described under subparagraphs (b) TECHNICAL AND CONFORMING AMEND- security; (D) through (F) do not result in the employee MENT.—The table of sections for chapter 23 of ‘‘(F) for the use of information specifically title 5, United States Code, is amended by in- or applicant unlawfully disclosing informa- required by Executive order to be kept clas- tion specifically required by Executive order serting after the item relating to section 2303 sified in the interest of national defense or the following: to be kept classified in the interest of na- the conduct of foreign affairs in a manner tional defense or the conduct of foreign af- ‘‘2303A. Prohibited personnel practices in the consistent with the interests of national se- fairs. intelligence community.’’. curity, including ex parte submissions if the ‘‘(2) RULE OF CONSTRUCTION.—Consistent SEC. 202. REVIEW OF SECURITY CLEARANCE OR agency determines that the interests of na- with the protection of sources and methods, ACCESS DETERMINATIONS. tional security so warrant; and nothing in paragraph (1) shall be construed (a) IN GENERAL.—Section 3001(b) of the In- ‘‘(G) that the employee or former employee to authorize the withholding of information telligence Reform and Terrorism Prevention shall have no right to compel the production from the Congress or the taking of any per- Act of 2004 (50 U.S.C. 435b(b)) is amended— of information specifically required by Exec- sonnel action against an employee who dis- (1) in the matter preceding paragraph (1), utive order to be kept classified in the inter- closes information to the Congress. by striking ‘‘Not’’ and inserting ‘‘Except as est of national defense or the conduct of for- ‘‘(3) DISCLOSURES.— otherwise provided, not’’; eign affairs, except evidence necessary to es- ‘‘(A) IN GENERAL.—A disclosure shall not be (2) in paragraph (5), by striking ‘‘and’’ tablish that the employee made the disclo- excluded from paragraph (1) because— after the semicolon; sure or communication such employee al- ‘‘(i) the disclosure was made to a person, (3) in paragraph (6), by striking the period leges was protected by subparagraphs (A), including a supervisor, who participated in at the end and inserting ‘‘; and’’; and (B), and (C) of subsection (j)(1).’’. an activity that the employee reasonably be- (4) by inserting after paragraph (6) the fol- (b) RETALIATORY REVOCATION OF SECURITY lieved to be covered by paragraph (1)(A)(ii); lowing: CLEARANCES AND ACCESS DETERMINATIONS.— ‘‘(ii) the disclosure revealed information ‘‘(7) not later than 180 days after the date Section 3001 of the Intelligence Reform and that had been previously disclosed; of enactment of the Whistleblower Protec- Terrorism Prevention Act of 2004 (50 U.S.C. ‘‘(iii) of the employee’s motive for making tion Enhancement Act of 2011— 435b) is amended by adding at the end the the disclosure; ‘‘(A) developing policies and procedures following: ‘‘(iv) the disclosure was not made in writ- that permit, to the extent practicable, indi- ‘‘(j) RETALIATORY REVOCATION OF SECURITY ing; viduals who challenge in good faith a deter- CLEARANCES AND ACCESS DETERMINATIONS.— ‘‘(v) the disclosure was made while the em- mination to suspend or revoke a security ‘‘(1) IN GENERAL.—Agency personnel with ployee was off duty; or clearance or access to classified information authority over personnel security clearance ‘‘(vi) of the amount of time which has to retain their government employment sta- or access determinations shall not take or passed since the occurrence of the events de- tus while such challenge is pending; and fail to take, or threaten to take or fail to scribed in the disclosure. ‘‘(B) developing and implementing uniform take, any action with respect to any employ- ‘‘(B) REPRISALS.—If a disclosure is made and consistent policies and procedures to en- ee’s security clearance or access determina- during the normal course of duties of an em- sure proper protections during the process tion because of— ployee, the disclosure shall not be excluded for denying, suspending, or revoking a secu- ‘‘(A) any disclosure of information to the from paragraph (1) if any employee who has rity clearance or access to classified infor- Director of National Intelligence (or an em- authority to take, direct others to take, rec- mation, including the provision of a right to ployee designated by the Director of Na- ommend, or approve any personnel action appeal such a denial, suspension, or revoca- tional Intelligence for such purpose) or the with respect to the employee making the dis- tion, except that there shall be no appeal of head of the employing agency (or employee closure, took, failed to take, or threatened an agency’s suspension of a security clear- designated by the head of that agency for to take or fail to take a personnel action ance or access determination for purposes of such purpose) by an employee that the em- with respect to that employee in reprisal for conducting an investigation, if that suspen- ployee reasonably believes evidences— the disclosure.

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‘‘(4) AGENCY ADJUDICATION.— fact-finding is necessary or finds that the ‘‘(II) the Select Committee on Intelligence ‘‘(A) REMEDIAL PROCEDURE.—An employee agency improperly denied the employee or of the Senate; or former employee who believes that he or former employee the opportunity to present ‘‘(III) the Committee on Oversight and she has been subjected to a reprisal prohib- evidence that, if admitted, would have a sub- Government Reform of the House of Rep- ited by paragraph (1) of this subsection may, stantial likelihood of altering the outcome, resentatives; within 90 days after the issuance of notice of the Board shall remand the matter to the ‘‘(IV) the Permanent Select Committee on such decision, appeal that decision within agency from which it originated for addi- Intelligence of the House of Representatives; the agency of that employee or former em- tional proceedings in accordance with the and ployee through proceedings authorized by rules of procedure issued by the Board. ‘‘(V) the committees of the Senate and the paragraph (7) of subsection (a), except that ‘‘(F) DE NOVO DETERMINATION.—The Board House of Representatives that have jurisdic- there shall be no appeal of an agency’s sus- shall make a de novo determination, based tion over the employing agency, including in pension of a security clearance or access de- on the entire record and under the standards the case of a final order or decision of the termination for purposes of conducting an specified in paragraph (4), of whether the em- Defense Intelligence Agency, the National investigation, if that suspension lasts not ployee or former employee received an ad- Geospatial-Intelligence Agency, the National longer than 1 year (or a longer period in ac- verse security clearance or access deter- Security Agency, or the National Reconnais- cordance with a certification made under mination in violation of paragraph (1). In sance Office, the Committee on Armed Serv- subsection (b)(7)). considering the record, the Board may weigh ices of the Senate and the Committee on ‘‘(B) CORRECTIVE ACTION.—If, in the course the evidence, judge the credibility of wit- Armed Services of the House of Representa- of proceedings authorized under subpara- nesses, and determine controverted ques- tives. graph (A), it is determined that the adverse tions of fact. In doing so, the Board may con- ‘‘(ii) RECOMMENDATIONS.—If the agency security clearance or access determination sider the prior fact-finder’s opportunity to head and the head of the entity selected violated paragraph (1) of this subsection, the see and hear the witnesses. under subsection (b) do not follow the agency shall take specific corrective action ‘‘(G) ADVERSE SECURITY CLEARANCE OR AC- Board’s recommendation to reinstate a to return the employee or former employee, CESS DETERMINATION.—If the Board finds that clearance, the head of the entity selected as nearly as practicable and reasonable, to the adverse security clearance or access de- under subsection (b) shall notify the com- the position such employee or former em- termination violated paragraph (1), it shall mittees described in subclauses (I) through ployee would have held had the violation not then separately determine whether rein- (V) of clause (i). occurred. Such corrective action shall in- stating the security clearance or access de- ‘‘(6) JUDICIAL REVIEW.—Nothing in this sec- clude reasonable attorney’s fees and any termination is clearly consistent with the tion shall be construed to permit or require other reasonable costs incurred, and may in- interests of national security, with any judicial review of any— clude back pay and related benefits, travel doubt resolved in favor of national security, ‘‘(A) agency action under this section; or expenses, and compensatory damages not to under Executive Order 12968 (60 Fed. Reg. ‘‘(B) action of the appellate review board exceed $300,000. 40245; relating to access to classified infor- established under section 204 of the Whistle- ‘‘(C) CONTRIBUTING FACTOR.—In deter- mation) or any successor thereto (including blower Protection Enhancement Act of 2011. mining whether the adverse security clear- any adjudicative guidelines promulgated ‘‘(7) PRIVATE CAUSE OF ACTION.—Nothing in ance or access determination violated para- under such orders) or any subsequent Execu- this section shall be construed to permit, au- graph (1) of this subsection, the agency shall tive order, regulation, or policy concerning thorize, or require a private cause of action find that paragraph (1) of this subsection was access to classified information. to challenge the merits of a security clear- violated if a disclosure described in para- ‘‘(H) REMEDIES.— ance determination.’’. graph (1) was a contributing factor in the ad- ‘‘(i) CORRECTIVE ACTION.—If the Board finds (c) ACCESS DETERMINATION DEFINED.—Sec- verse security clearance or access deter- that the adverse security clearance or access tion 3001(a) of the Intelligence Reform and mination taken against the individual, un- determination violated paragraph (1), it Terrorism Prevention Act of 2004 (50 U.S.C. less the agency demonstrates by a prepon- shall order the agency head to take specific 435b(a)) is amended by adding at the end the derance of the evidence that it would have corrective action to return the employee or following: taken the same action in the absence of such former employee, as nearly as practicable ‘‘(9) The term ‘access determination’ disclosure, giving the utmost deference to and reasonable, to the position such em- means the process for determining whether the agency’s assessment of the particular ployee or former employee would have held an employee— threat to the national security interests of had the violation not occurred. Such correc- ‘‘(A) is eligible for access to classified in- the United States in the instant matter. tive action shall include reasonable attor- formation in accordance with Executive ‘‘(5) APPELLATE REVIEW OF SECURITY CLEAR- ney’s fees and any other reasonable costs in- Order 12968 (60 Fed. Reg. 40245; relating to ac- ANCE ACCESS DETERMINATIONS BY DIRECTOR OF curred, and may include back pay and re- cess to classified information), or any suc- NATIONAL INTELLIGENCE.— lated benefits, travel expenses, and compen- cessor thereto, and Executive Order 10865 (25 ‘‘(A) DEFINITION.—In this paragraph, the satory damages not to exceed $300,000. The Fed. Reg. 1583; relating to safeguarding clas- term ‘Board’ means the appellate review Board may recommend, but may not order, sified information with industry); and board established under section 204 of the reinstatement or hiring of a former em- ‘‘(B) possesses a need to know under that Whistleblower Protection Enhancement Act ployee. The Board may order that the former Order.’’. of 2011. employee be treated as though the employee (d) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) APPEAL.—Within 60 days after receiv- were transferring from the most recent posi- section 3001 of the Intelligence Reform and ing notice of an adverse final agency deter- tion held when seeking other positions with- Terrorism Prevention Act of 2004 (50 U.S.C. mination under a proceeding under para- in the executive branch. Any corrective ac- 435b), as amended by this Act, shall be con- graph (4), an employee or former employee tion shall not include the reinstating of any strued to require the repeal or replacement may appeal that determination to the Board. security clearance or access determination. of agency appeal procedures implementing ‘‘(C) POLICIES AND PROCEDURES.—The The agency head shall take the actions so or- Executive Order 12968 (60 Fed. Reg. 40245; re- Board, in consultation with the Attorney dered within 90 days, unless the Director of lating to classified national security infor- General, Director of National Intelligence, National Intelligence, the Secretary of En- mation), or any successor thereto, and Exec- and the Secretary of Defense, shall develop ergy, or the Secretary of Defense, in the case utive Order 10865 (25 Fed. Reg. 1583; relating and implement policies and procedures for of any component of the Department of De- to safeguarding classified information with adjudicating the appeals authorized by sub- fense, determines that doing so would endan- industry), or any successor thereto, that paragraph (B). The Director of National In- ger national security. meet the requirements of section 3001(b)(7) of telligence and Secretary of Defense shall ‘‘(ii) RECOMMENDED ACTION.—If the Board such Act, as so amended. jointly approve any rules, regulations, or finds that reinstating the employee or SEC. 203. REVISIONS RELATING TO THE INTEL- guidance issued by the Board concerning the former employee’s security clearance or ac- LIGENCE COMMUNITY WHISTLE- procedures for the use or handling of classi- cess determination is clearly consistent with BLOWER PROTECTION ACT. fied information. the interests of national security, it shall (a) IN GENERAL.—Section 8H of the Inspec- ‘‘(D) REVIEW.—The Board’s review shall be recommend such action to the head of the tor General Act of 1978 (5 U.S.C. App.) is on the complete agency record, which shall entity selected under subsection (b) and the amended— be made available to the Board. The Board head of the affected agency. (1) in subsection (b)— may not hear witnesses or admit additional ‘‘(I) CONGRESSIONAL NOTIFICATION.— (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and evidence. Any portions of the record that ‘‘(i) ORDERS.—Consistent with the protec- (B) by adding at the end the following: were submitted ex parte during the agency tion of sources and methods, at the time the ‘‘(2) If the head of an establishment deter- proceedings shall be submitted ex parte to Board issues an order, the Chairperson of the mines that a complaint or information the Board. Board shall notify— transmitted under paragraph (1) would cre- ‘‘(E) FURTHER FACT-FINDING OR IMPROPER ‘‘(I) the Committee on Homeland Security ate a conflict of interest for the head of the DENIAL.—If the Board concludes that further and Government Affairs of the Senate; establishment, the head of the establishment

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In such a case, the require- Intelligence shall prescribe regulations to (iii) not later than 5 days after such termi- ments of this section for the head of the es- ensure that a personnel action shall not be nation, notifies the congressional oversight tablishment apply to the recipient of the In- taken against an employee of an intelligence committees of the termination; or spector General’s transmission. The Director community element as a reprisal for any dis- (4) section 7532 of title 5, United States of National Intelligence shall consult with closure of information described in section Code, if— the members of the appellate review board 2303A(b) of title 5, United States Code, as (A) the agency head personally terminates established under section 204 of the Whistle- added by this Act. the individual; and blower Protection Enhancement Review Act (2) APPELLATE REVIEW BOARD.—Not later (B) the agency head— of 2011 regarding all transmissions under this than 180 days after the date of enactment of (i) determines the termination to be in the paragraph.’’; this Act, the Director of National Intel- interest of the United States; (2) by designating subsection (h) as sub- ligence, in consultation with the Secretary (ii) determines that the procedures pre- section (i); and of Defense, the Attorney General, and the scribed in other provisions of law that au- (3) by inserting after subsection (g), the heads of appropriate agencies, shall establish thorize the termination of the employment following: an appellate review board that is broadly of such employee cannot be invoked in a ‘‘(h) An individual who has submitted a representative of affected Departments and manner consistent with the national secu- complaint or information to an Inspector agencies and is made up of individuals with rity; and General under this section may notify any expertise in merit systems principles and na- (iii) not later than 5 days after such termi- member of Congress or congressional staff tional security issues— nation, notifies the congressional oversight member of the fact that such individual has (A) to hear whistleblower appeals related committees of the termination. made a submission to that particular Inspec- to security clearance access determinations TITLE III—SAVINGS CLAUSE; EFFECTIVE tor General, and of the date on which such described in section 3001(j) of the Intel- DATE submission was made.’’. ligence Reform and Terrorism Prevention SEC. 301. SAVINGS CLAUSE. (b) CENTRAL INTELLIGENCE AGENCY.—Sec- Act of 2004 (50 U.S.C. 435b), as added by this Nothing in this Act shall be construed to tion 17(d)(5) of the Central Intelligence Agen- Act; and imply any limitation on any protections af- cy Act of 1949 (50 U.S.C. 403q) is amended— (B) that shall include a subpanel that re- forded by any other provision of law to em- (1) in subparagraph (B)— flects the composition of the intelligence ployees and applicants. (A) by inserting ‘‘(i)’’ after ‘‘(B)’’; and committee, which shall be composed of intel- SEC. 302. EFFECTIVE DATE. (B) by adding at the end the following: ligence community elements and inspectors This Act shall take effect 30 days after the ‘‘(ii) If the Director determines that a com- general from intelligence community ele- date of enactment of this Act. plaint or information transmitted under ments, for the purpose of hearing cases that paragraph (1) would create a conflict of in- arise in elements of the intelligence commu- By Mr. CARDIN (for himself, Mrs. terest for the Director, the Director shall re- nity. FEINSTEIN, Mr. LIEBERMAN, and turn the complaint or information to the In- (c) REPORT ON THE STATUS OF IMPLEMENTA- Mr. KERRY): spector General with that determination and TION OF REGULATIONS.—Not later than 2 the Inspector General shall make the trans- years after the date of enactment of this S. 744. A bill to authorize certain De- mission to the Director of National Intel- Act, the Director of National Intelligence partment of State personnel, who are ligence. In such a case the requirements of shall submit a report on the status of the im- responsible for examining and proc- this subsection for the Director apply to the plementation of the regulations promulgated essing United States passport applica- recipient of the Inspector General’s submis- under subsection (b) to the congressional tions, to access relevant information in sion; and’’; and oversight committees. Federal, State, and other records and (2) by adding at the end the following: (d) NONAPPLICABILITY TO CERTAIN TERMI- databases, for the purpose of verifying ‘‘(H) An individual who has submitted a NATIONS.—Section 2303A of title 5, United the identity of a passport applicant and complaint or information to the Inspector States Code, as added by this Act, and sec- detecting passport fraud, and for other General under this section may notify any tion 3001 of the Intelligence Reform and Ter- member of Congress or congressional staff rorism Prevention Act of 2004 (50 U.S.C. purposes; to the Committee on the Ju- member of the fact that such individual has 435b), as amended by this Act, shall not diciary. made a submission to the Inspector General, apply to adverse security clearance or access Mr. CARDIN. Mr. President, this and of the date on which such submission determinations if the affected employee is weekend I know that Marylanders will was made.’’. concurrently terminated under— be taking advantage of Passport Day SEC. 204. REGULATIONS; REPORTING REQUIRE- (1) section 1609 of title 10, United States this Saturday, April 9. During these MENTS; NONAPPLICABILITY TO CER- Code; weekend hours at our passport accept- TAIN TERMINATIONS. (2) the authority of the Director of Na- ance facilities in Maryland, my con- (a) DEFINITIONS.—In this section— tional Intelligence under section 102A(m) of stituents will have the ability to renew (1) the term ‘‘congressional oversight com- the National Security Act of 1947 (50 U.S.C. their passports or apply for a new pass- mittees’’ means the— 403–1(m)), if— (A) the Committee on Homeland Security (A) the Director personally summarily ter- port, as we get ready for the summer and Government Affairs of the Senate; minates the individual; and travel season. (B) the Select Committee on Intelligence (B) the Director— When Marylanders apply for and ulti- of the Senate; (i) determines the termination to be in the mately receive their passports, I want (C) the Committee on Oversight and Gov- interest of the United States; them to continue to have confidence ernment Reform of the House of Representa- (ii) determines that the procedures pre- that the U.S. passport is the gold tives; and scribed in other provisions of law that au- standard for identification. It certifies (D) the Permanent Select Committee on thorize the termination of the employment an individual’s identity and U.S. citi- Intelligence of the House of Representatives; of such employee cannot be invoked in a zenship, and allows the passport holder and manner consistent with the national secu- to travel in and out of the United (2) the term ‘‘intelligence community ele- rity; and ment’’— (iii) not later than 5 days after such termi- States and to foreign countries. It al- (A) means— nation, notifies the congressional oversight lows the passport holder to obtain fur- (i) the Central Intelligence Agency, the De- committees of the termination; ther identification documents, and to fense Intelligence Agency, the National (3) the authority of the Director of the set up bank accounts. Geospatial-Intelligence Agency, the National Central Intelligence Agency under section The U.S. Government simply cannot Security Agency, the Office of the Director 104A(e) of the National Security Act of 1947 allow U.S. passports to be issued in of National Intelligence, and the National (50 U.S.C. 403–4a(e)), if— this country on the basis of fraudulent Reconnaissance Office; and (A) the Director personally summarily ter- documents. There is too much at stake. (ii) any executive agency or unit thereof minates the individual; and Unfortunately, hearings that I have determined by the President under section (B) the Director— 2302(a)(2)(C)(ii) of title 5, United States Code, (i) determines the termination to be in the chaired in the last Congress have con- to have as its principal function the conduct interest of the United States; vinced me that we have serious vulner- of foreign intelligence or counterintelligence (ii) determines that the procedures pre- abilities in our passport issuance proc- activities; and scribed in other provisions of law that au- ess that need to be closed quickly.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.002 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5255 Nearly two years ago, on May 5, 2009, I understand that the American peo- ‘‘(1) is not a State or local government, a I chaired a Judiciary Terrorism Sub- ple can become concerned when their foreign nation, or an organization described committee hearing entitled ‘‘The Pass- travel plans, whether for leisure or in section 501(c)(3) which is exempt from tax- port Issuance Process: Closing the Door business, are linked to their ability to ation under section 501(a), and ‘‘(2) has contracts with the Government of to Fraud.’’ During the hearing last obtain a passport in a timely fashion. the United States with a value in excess of year, we learned about a Government My legislation would not lengthen the $10,000,000. Accountability Office, GAO, under- average amount of time it takes U.S. ‘‘(d) PAYMENT OF TAX.—The tax imposed by cover investigation that had been re- citizens to obtain passports. We have this section shall be paid by the person re- quested by Senators KYL and FEINSTEIN got to get this right, and it is not sim- ceiving such payment. to test the effectiveness of the passport ply a question of process, techniques, ‘‘(e) USE OF REVENUE GENERATED BY TAX.— issuance process, and to determine and training. We need to make sure It is the sense of the Senate that amounts equivalent to the revenue generated by the whether malicious individuals such as that the agencies that are responsible tax imposed under this chapter should be ap- terrorists, spies, or other criminals for processing passport application propriated for the financing of a Fair Elec- could use counterfeit documents to ob- documents are concerned about na- tions Fund and used for the public financing tain a genuine U.S. passport. What we tional security as well as customer of Senate elections.’’. learned from GAO was that ‘‘terrorists service, and we need to make sure they (b) CONFORMING AMENDMENT.—The table of or criminals could steal an American have the legal authorities, the re- chapter of the Internal Revenue Code of 1986 citizen’s identity, use basic counter- sources, and the technology they need is amended by inserting after the item relat- feiting skills to create fraudulent docu- to verify the identity of a passport ap- ing to chapter 36 the following: ments for that identity, and obtain a plicant and to detect passport fraud. ‘‘CHAPTER 37—TAX ON PAYMENTS PURSUANT genuine U.S. passport.’’ But that 2009 We already have much of the tech- TO CERTAIN GOVERNMENT CONTRACTS’’. GAO report was not the first time that nology and the information to prevent (c) EFFECTIVE DATE.—The amendments such issuance of genuine U.S. passports made by this section shall apply to contracts problems with the passport issuance entered into after the date of the enactment process were identified. In 2005 and based on fraudulent documents or in- of this Act. 2007, GAO also brought these issues to formation. The Passport Identity Veri- light. fication Act will dramatically improve By Mr. DURBIN (for himself, Vulnerabilities in the passport the State Department’s ability to de- Mrs. BOXER, Mr. CARDIN, Mr. issuance process are very serious be- tect passport fraud, and strengthen the FRANKEN, Mr. HARKIN, Mr. cause it can have a profound impact on integrity of every American’s passport. KERRY, Ms. KLOBUCHAR, Mr. the national security of the United LEAHY, Mr. MERKLEY, Ms. MI- States. By Mr. DURBIN (for himself, KULSKI, Mr. SANDERS, Mrs. SHA- A new GAO undercover investigation Mrs. BOXER, Mr. CARDIN, Mr. HEEN, and Mr. TESTER): that I requested, along with Senators FRANKEN, Mr. HARKIN, Mr. S. 750. A bill to reform the financing KYL, FEINSTEIN, LIEBERMAN and COL- KERRY, Ms. KLOBUCHAR, Mr. of Senate elections, and for other pur- LINS, also revealed that while some im- LEAHY, Mr. MERKLEY, Ms. MI- poses; to the Committee on Rules and provements have been made by the KULSKI, Mr. SANDERS, Mrs. SHA- Administration. State Department, the passport HEEN, and Mr. TESTER): Mr. DURBIN. Mr. President, I ask issuance process is still susceptible to S. 749. A bill to establish a revenue unanimous consent that the text of the fraud. A Judiciary Terrorism Sub- source for fair elections financing of bill be printed in the RECORD. committee hearing that I chaired in Senate campaigns by providing an ex- There being no objection, the text of July of 2010 revealed that the State De- cise tax on amounts paid pursuant to the bill was ordered to be printed in partment issued five additional pass- contracts with the United States Gov- the RECORD, as follows: ports on the basis of fraudulent iden- ernment; to the Committee on Fi- S. 750 nance. tity documents that had been sub- Be it enacted by the Senate and House of Rep- mitted by undercover GAO agents. Mr. DURBIN. Mr. President, I ask resentatives of the United States of America in As a result, today I am reintroducing unanimous consent that the text of the Congress assembled, the Passport Identity Verification Act, bill by printed in the RECORD. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. or PIVA. This legislation is co-spon- There being no objection, the text of (a) SHORT TITLE.—This Act may be cited as sored by Senators FEINSTEIN, LIEBER- the bill was ordered to be printed in the ‘‘Fair Elections Now Act’’. MAN, and KERRY. It is a common-sense the RECORD, as follows: (b) TABLE OF CONTENTS.—The table of con- solution that will give the State De- S. 749 tents of this Act is as follows: partment the legal authorities that it Be it enacted by the Senate and House of Rep- Sec. 1. Short title; table of contents. needs to access relevant information resentatives of the United States of America in TITLE I—FAIR ELECTIONS FINANCING OF contained in federal, state, and other Congress assembled, SENATE ELECTION CAMPAIGNS databases that can be used to verify SECTION 1. SHORT TITLE. Subtitle A—Fair Elections Financing the identity of every passport appli- This Act may be cited as the ‘‘Fair Elec- Program cant, and to detect passport fraud, tions Revenue Act of 2011’’. Sec. 101. Findings and declarations. without extending the time that the SEC. 2. FAIR ELECTIONS FUND REVENUE. Sec. 102. Eligibility requirements and bene- (a) IN GENERAL.—The Internal Revenue State Department takes to approve fits of Fair Elections financing Code of 1986 is amended by inserting after of Senate election campaigns. passports. The legislation also requires chapter 36 the following new chapter: the State Department to promulgate ‘‘TITLE V—FAIR ELECTIONS FINANCING ‘‘CHAPTER 37—TAX ON PAYMENTS PURSU- OF SENATE ELECTION CAMPAIGNS regulations to limit access to this in- ANT TO CERTAIN GOVERNMENT CON- ‘‘Subtitle A—General Provisions formation, and to ensure that per- TRACTS sonnel involved in the passport ‘‘Sec. 501. Definitions. ‘‘Sec. 4501. Imposition of tax. ‘‘Sec. 502. Fair Elections Fund. issuance process only access this infor- ‘‘SEC. 4501. IMPOSITION OF TAX. ‘‘Subtitle B—Eligibility and Certification mation for authorized purposes. These ‘‘(a) TAX IMPOSED.—There is hereby im- are very important privacy and secu- posed on any payment made to a qualified ‘‘Sec. 511. Eligibility. ‘‘Sec. 512. Qualifying contribution re- person pursuant to a contract with the Gov- rity protections in this legislation. quirement. ernment of the United States a tax equal to The legislation also requires the Sec- ‘‘Sec. 513. Contribution and expenditure 0.50 percent of the amount paid. retary of State to conduct a formal requirements. ‘‘(b) LIMITATION.—The aggregate amount of study examining whether biometric in- ‘‘Sec. 514. Debate requirement. tax imposed under subsection (a) for any cal- ‘‘Sec. 515. Certification. formation and technology can be used endar year shall not exceed $500,000. to enhance the ability to verify the ‘‘(c) QUALIFIED PERSON.—For purposes of ‘‘Subtitle C—Benefits identity of a passport applicant and to this section, the term ‘qualified person’ ‘‘Sec. 521. Benefits for participating can- detect passport fraud. means any person which— didates.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0655 E:\BR11\S06AP1.002 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5256 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 ‘‘Sec. 522. Allocations from the Fund. (1) reducing the actual or perceived con- by State law as the last day to qualify for a ‘‘Sec. 523. Matching payments for quali- flicts of interest created by fully private fi- position on the general election ballot. fied small dollar contributions. nancing of the election campaigns of public ‘‘(5) FUND.—The term ‘Fund’ means the ‘‘Sec. 524. Political advertising vouch- officials and restoring public confidence in Fair Elections Fund established by section ers. the integrity and fairness of the electoral 502. ‘‘Subtitle D—Administrative Provisions and legislative processes through a program ‘‘(6) IMMEDIATE FAMILY.—The term ‘imme- ‘‘Sec. 531. Fair Elections Oversight which allows participating candidates to ad- diate family’ means, with respect to any can- Board. here to substantially lower contribution lim- didate— ‘‘Sec. 532. Administration provisions. its for contributors with an assurance that ‘‘(A) the candidate’s spouse; ‘‘Sec. 533. Violations and penalties. there will be sufficient funds for such can- ‘‘(B) a child, stepchild, parent, grand- Sec. 103. Prohibition on joint fundraising didates to run viable electoral campaigns; parent, brother, half-brother, sister, or half- committees. (2) increasing the public’s confidence in the sister of the candidate or the candidate’s Sec. 104. Exception to limitation on coordi- accountability of Senators to the constitu- spouse; and nated expenditures by political ents who elect them, which derives from the ‘‘(C) the spouse of any person described in party committees with partici- program’s qualifying criteria to participate subparagraph (B). pating candidates. in the voluntary program and the conclu- ‘‘(7) MATCHING CONTRIBUTION.—The term TITLE II—IMPROVING VOTER sions that constituents may draw regarding ‘matching contribution’ means a matching INFORMATION candidates who qualify and participate in payment provided to a participating can- Sec. 201. Broadcasts relating to all Senate the program; didate for qualified small dollar contribu- candidates. (3) helping to reduce the ability to make tions, as provided under section 523. Sec. 202. Broadcast rates for participating large campaign contributions as a deter- ‘‘(8) NONPARTICIPATING CANDIDATE.—The candidates. minant of a citizen’s influence within the po- term ‘nonparticipating candidate’ means a Sec. 203. FCC to prescribe standardized form litical process by facilitating the expression candidate for Senator who is not a partici- for reporting candidate cam- of support by voters at every level of wealth, pating candidate. paign ads. encouraging political participation, and ‘‘(9) PARTICIPATING CANDIDATE.—The term ‘participating candidate’ means a candidate TITLE III—RESPONSIBILITIES OF THE incentivizing participation on the part of for Senator who is certified under section 515 FEDERAL ELECTION COMMISSION Senators through the matching of small dol- lar contributions; as being eligible to receive an allocation Sec. 301. Petition for certiorari. from the Fund. Sec. 302. Filing by Senate candidates with (4) potentially saving taxpayers billions of dollars that may be (or that are perceived to ‘‘(10) QUALIFYING CONTRIBUTION.—The term Commission. ‘qualifying contribution’ means, with respect Sec. 303. Electronic filing of FEC reports. be) currently allocated based upon legisla- tive and regulatory agendas skewed by the to a candidate, a contribution that— TITLE IV—MISCELLANEOUS PROVISIONS influence of campaign contributions; ‘‘(A) is in an amount that is— Sec. 401. Severability. (5) creating genuine opportunities for all ‘‘(i) not less than the greater of $5 or the Sec. 402. Effective date. Americans to run for the Senate and encour- amount determined by the Commission TITLE I—FAIR ELECTIONS FINANCING OF aging more competitive elections; under section 531; and SENATE ELECTION CAMPAIGNS (6) encouraging participation in the elec- ‘‘(ii) not more than the greater of $100 or Subtitle A—Fair Elections Financing toral process by citizens of every level of the amount determined by the Commission Program wealth; and under section 531; ‘‘(B) is made by an individual— SEC. 101. FINDINGS AND DECLARATIONS. (7) freeing Senators from the incessant pre- occupation with raising money, and allowing ‘‘(i) who is a resident of the State in which (a) UNDERMINING OF DEMOCRACY BY CAM- such Candidate is seeking election; and PAIGN CONTRIBUTIONS FROM PRIVATE them more time to carry out their public re- sponsibilities. ‘‘(ii) who is not otherwise prohibited from SOURCES.—The Senate finds and declares making a contribution under this Act; that the current system of privately fi- SEC. 102. ELIGIBILITY REQUIREMENTS AND BEN- EFITS OF FAIR ELECTIONS FINANC- ‘‘(C) is made during the Fair Elections nanced campaigns for election to the United qualifying period; and States Senate has the capacity, and is often ING OF SENATE ELECTION CAM- PAIGNS. ‘‘(D) meets the requirements of section perceived by the public, to undermine de- The Federal Election Campaign Act of 1971 512(b). mocracy in the United States by— (2 U.S.C. 431 et seq.) is amended by adding at ‘‘(11) QUALIFIED SMALL DOLLAR CONTRIBU- (1) creating a culture that fosters actual or the end the following: TION.—The term ‘qualified small dollar con- perceived conflicts of interest by encour- tribution’ means, with respect to a can- aging Senators to accept large campaign ‘‘TITLE V—FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS didate, any contribution (or series of con- contributions from private interests that are tributions)— ‘‘Subtitle A—General Provisions directly affected by Federal legislation; ‘‘(A) which is not a qualifying contribution (2) diminishing or appearing to diminish ‘‘SEC. 501. DEFINITIONS. (or does not include a qualifying contribu- Senators’ accountability to constituents by ‘‘In this title: tion); compelling legislators to be accountable to ‘‘(1) ALLOCATION FROM THE FUND.—The term ‘‘(B) which is made by an individual who is the major contributors who finance their ‘allocation from the Fund’ means an alloca- not prohibited from making a contribution election campaigns; tion of money from the Fair Elections Fund under this Act; and (3) undermining the meaning of the right to a participating candidate pursuant to sec- ‘‘(C) the aggregate amount of which does to vote by allowing monied interests to have tion 522. not exceed the greater of— a disproportionate and unfair influence with- ‘‘(2) BOARD.—The term ‘Board’ means the ‘‘(i) $100 per election; or in the political process; Fair Elections Oversight Board established ‘‘(ii) the amount per election determined (4) imposing large, unwarranted costs on under section 531. by the Commission under section 531. taxpayers through legislative and regulatory ‘‘(3) FAIR ELECTIONS QUALIFYING PERIOD.— ‘‘SEC. 502. FAIR ELECTIONS FUND. distortions caused by unequal access to law- The term ‘Fair Elections qualifying period’ ‘‘(a) ESTABLISHMENT.—There is established makers for campaign contributors; means, with respect to any candidate for in the Treasury a fund to be known as the (5) making it difficult for some qualified Senator, the period— ‘Fair Elections Fund’. candidates to mount competitive Senate ‘‘(A) beginning on the date on which the ‘‘(b) AMOUNTS HELD BY FUND.—The Fund election campaigns; candidate files a statement of intent under shall consist of the following amounts: (6) disadvantaging challengers and discour- section 511(a)(1); and ‘‘(1) APPROPRIATED AMOUNTS.— aging competitive elections; and ‘‘(B) ending on the date that is 30 days be- ‘‘(A) IN GENERAL.—Amounts appropriated (7) burdening incumbents with a pre- fore— to the Fund. occupation with fundraising and thus de- ‘‘(i) the date of the primary election; or ‘‘(B) SENSE OF THE SENATE REGARDING AP- creasing the time available to carry out ‘‘(ii) in the case of a State that does not PROPRIATIONS.—It is the sense of the Senate their public responsibilities. hold a primary election, the date prescribed that— (b) ENHANCEMENT OF DEMOCRACY BY PRO- by State law as the last day to qualify for a ‘‘(i) there should be imposed on any pay- VIDING ALLOCATIONS FROM THE FAIR ELEC- position on the general election ballot. ment made to any person (other than a State TIONS FUND.—The Senate finds and declares ‘‘(4) FAIR ELECTIONS START DATE.—The or local government or a foreign nation) who that providing the option of the replacement term ‘Fair Elections start date’ means, with has contracts with the Government of the of large private campaign contributions with respect to any candidate, the date that is 180 United States in excess of $10,000,000 a tax allocations from the Fair Elections Fund for days before— equal to 0.50 percent of amount paid pursu- all primary, runoff, and general elections to ‘‘(A) the date of the primary election; or ant to such contracts, except that the aggre- the Senate would enhance American democ- ‘‘(B) in the case of a State that does not gate tax for any person for any taxable year racy by— hold a primary election, the date prescribed shall not exceed $500,000; and

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‘‘(ii) the revenue from such tax should be ‘‘(B) the amount determined by the Com- ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, appropriated to the Fund. mission under section 531; and ETC.—A political committee of a partici- ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Vol- ‘‘(2) a total dollar amount of qualifying pating candidate which is not an authorized untary contributions to the Fund. contributions equal to the greater of— committee of such candidate may accept ‘‘(3) OTHER DEPOSITS.—Amounts deposited ‘‘(A) 10 percent of the amount of the allo- contributions other than contributions de- into the Fund under— cation such candidate would be entitled to scribed in subsection (a)(1) from any person ‘‘(A) section 513(c) (relating to exceptions receive for the primary election under sec- if— to contribution requirements); tion 522(c)(1) (determined without regard to ‘‘(1) the aggregate contributions from such ‘‘(B) section 521(c) (relating to remittance paragraph (5) thereof) if such candidate were person for any calendar year do not exceed of allocations from the Fund); a participating candidate; or $100; and ‘‘(C) section 533 (relating to violations); ‘‘(B) the amount determined by the Com- ‘‘(2) no portion of such contributions is dis- and mission under section 531. bursed in connection with the campaign of ‘‘(D) any other section of this Act. ‘‘(b) REQUIREMENTS RELATING TO RECEIPT the participating candidate. ‘‘(4) INVESTMENT RETURNS.—Interest on, OF QUALIFYING CONTRIBUTION.—Each quali- ‘‘(c) EXCEPTION.—Notwithstanding sub- and the proceeds from, the sale or redemp- fying contribution— section (a), a candidate shall not be treated tion of, any obligations held by the Fund ‘‘(1) may be made by means of a personal as having failed to meet the requirements of under subsection (c). check, money order, debit card, credit card, this section if any contributions that are not ‘‘(c) INVESTMENT.—The Commission shall or electronic payment account; qualified small dollar contributions, quali- invest portions of the Fund in obligations of ‘‘(2) shall be accompanied by a signed fying contributions, or contributions that the United States in the same manner as statement containing— meet the requirements of subsection (b) and provided under section 9602(b) of the Internal ‘‘(A) the contributor’s name and the con- that are accepted before the date the can- Revenue Code of 1986. tributor’s address in the State in which the didate files a statement of intent under sec- ‘‘(d) USE OF FUND.— contributor is registered to vote; and tion 511(a)(1) are— ‘‘(1) IN GENERAL.—The sums in the Fund ‘‘(B) an oath declaring that the contrib- ‘‘(1) returned to the contributor; or shall be used to provide benefits to partici- utor— ‘‘(2) submitted to the Commission for de- pating candidates as provided in subtitle C. ‘‘(i) understands that the purpose of the posit in the Fund. ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula- qualifying contribution is to show support tions established by the Commission, rules ‘‘SEC. 514. DEBATE REQUIREMENT. for the candidate so that the candidate may similar to the rules of section 9006(c) of the ‘‘A candidate for Senator meets the re- qualify for Fair Elections financing; Internal Revenue Code shall apply. quirements of this section if the candidate ‘‘(ii) is making the contribution in his or ‘‘Subtitle B—Eligibility and Certification participates in at least— her own name and from his or her own funds; ‘‘(1) 1 public debate before the primary ‘‘SEC. 511. ELIGIBILITY. ‘‘(iii) has made the contribution willingly; election with other participating candidates ‘‘(a) IN GENERAL.—A candidate for Senator and and other willing candidates from the same is eligible to receive an allocation from the ‘‘(iv) has not received any thing of value in Fund for any election if the candidate meets party and seeking the same nomination as return for the contribution; and such candidate; and the following requirements: ‘‘(3) shall be acknowledged by a receipt ‘‘(1) The candidate files with the Commis- ‘‘(2) 2 public debates before the general that is sent to the contributor with a copy election with other participating candidates sion a statement of intent to seek certifi- kept by the candidate for the Commission cation as a participating candidate under and other willing candidates seeking the and a copy kept by the candidate for the same office as such candidate. this title during the period beginning on the election authorities in the State with re- ‘‘SEC. 515. CERTIFICATION. Fair Elections start date and ending on the spect to which the candidate is seeking elec- last day of the Fair Elections qualifying pe- tion. ‘‘(a) IN GENERAL.—Not later than 5 days riod. ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU- after a candidate for Senator files an affi- ‘‘(2) The candidate meets the qualifying TIONS.—The Commission shall establish pro- davit under section 511(a)(3), the Commission contribution requirements of section 512. cedures for the auditing and verification of shall— ‘‘(3) Not later than the last day of the Fair qualifying contributions to ensure that such ‘‘(1) certify whether or not the candidate is Elections qualifying period, the candidate contributions meet the requirements of this a participating candidate; and files with the Commission an affidavit signed section. ‘‘(2) notify the candidate of the Commis- by the candidate and the treasurer of the sion’s determination. ‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE candidate’s principal campaign committee REQUIREMENTS. ‘‘(b) REVOCATION OF CERTIFICATION.— declaring that the candidate— ‘‘(a) GENERAL RULE.—A candidate for Sen- ‘‘(1) IN GENERAL.—The Commission may re- ‘‘(A) has complied and, if certified, will ator meets the requirements of this section voke a certification under subsection (a) if— comply with the contribution and expendi- if, during the election cycle of the candidate, ‘‘(A) a candidate fails to qualify to appear ture requirements of section 513; the candidate— on the ballot at any time after the date of ‘‘(B) if certified, will comply with the de- ‘‘(1) except as provided in subsection (b), certification; or bate requirements of section 514; accepts no contributions other than— ‘‘(B) a candidate otherwise fails to comply ‘‘(C) if certified, will not run as a non- ‘‘(A) qualifying contributions; with the requirements of this title, including participating candidate during such year in ‘‘(B) qualified small dollar contributions; any regulatory requirements prescribed by any election for the office that such can- ‘‘(C) allocations from the Fund under sec- the Commission. didate is seeking; and tion 522; ‘‘(2) REPAYMENT OF BENEFITS.—If certifi- ‘‘(D) has either qualified or will take steps ‘‘(D) matching contributions under section cation is revoked under paragraph (1), the to qualify under State law to be on the bal- 523; and candidate shall repay to the Fund an amount lot. ‘‘(E) vouchers provided to the candidate equal to the value of benefits received under ‘‘(b) GENERAL ELECTION.—Notwithstanding under section 524; this title plus interest (at a rate determined subsection (a), a candidate shall not be eligi- ‘‘(2) makes no expenditures from any by the Commission) on any such amount re- ble to receive an allocation from the Fund amounts other than from— ceived. for a general election or a general runoff ‘‘Subtitle C—Benefits election unless the candidate’s party nomi- ‘‘(A) qualifying contributions; nated the candidate to be placed on the bal- ‘‘(B) qualified small dollar contributions; ‘‘SEC. 521. BENEFITS FOR PARTICIPATING CAN- lot for the general election or the candidate ‘‘(C) allocations from the Fund under sec- DIDATES. otherwise qualified to be on the ballot under tion 522; ‘‘(a) IN GENERAL.—For each election with State law. ‘‘(D) matching contributions under section respect to which a candidate is certified as a ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIRE- 523; and participating candidate, such candidate shall MENT. ‘‘(E) vouchers provided to the candidate be entitled to— ‘‘(a) IN GENERAL.—A candidate for Senator under section 524; and ‘‘(1) an allocation from the Fund to make meets the requirement of this section if, dur- ‘‘(3) makes no expenditures from personal or obligate to make expenditures with re- ing the Fair Elections qualifying period, the funds or the funds of any immediate family spect to such election, as provided in section candidate obtains— member (other than funds received through 522; ‘‘(1) a number of qualifying contributions qualified small dollar contributions and ‘‘(2) matching contributions, as provided in equal to the greater of— qualifying contributions). section 523; and ‘‘(A) the sum of— For purposes of this subsection, a payment ‘‘(3) for the general election, vouchers for ‘‘(i) 2,000; plus made by a political party in coordination broadcasts of political advertisements, as ‘‘(ii) 500 for each congressional district in with a participating candidate shall not be provided in section 524. the State with respect to which the can- treated as a contribution to or as an expendi- ‘‘(b) RESTRICTION ON USES OF ALLOCATIONS didate is seeking election; or ture made by the participating candidate. FROM THE FUND.—Allocations from the Fund

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FUND.— section for such election if this paragraph ‘‘(3) FREQUENCY OF REPORTS.—Reports ‘‘(1) IN GENERAL.—Not later than the date did not apply. under this subsection shall be made no more that is 45 days after an election in which the ‘‘(B) UNCONTESTED ELECTION DEFINED.—For frequently than— participating candidate appeared on the bal- purposes of this subparagraph, an election is ‘‘(A) once every month until the date that lot, such participating candidate shall remit uncontested if not more than 1 candidate has is 90 days before the date of the election; to the Commission for deposit in the Fund campaign funds (including payments from ‘‘(B) once every week after the period de- an amount equal to the lesser of— the Fund) in an amount equal to or greater scribed in subparagraph (A) and until the ‘‘(A) the amount of money in the can- than 10 percent of the allocation a partici- date that is 21 days before the election; and didate’s campaign account; or pating candidate would be entitled to receive ‘‘(C) once every day after the period de- ‘‘(B) the sum of the allocations from the under this section for such election if this scribed in subparagraph (B). Fund received by the candidate under sec- paragraph did not apply. ‘‘(4) LIMITATION ON REGULATIONS.—The tion 522 and the matching contributions re- ‘‘(d) BASE AMOUNT.— Commission may not prescribe any regula- ceived by the candidate under section 523. ‘‘(1) IN GENERAL.—Except as otherwise pro- tions with respect to reporting under this ‘‘(2) EXCEPTION.—In the case of a candidate vided in this subsection, the base amount for subsection with respect to any election after who qualifies to be on the ballot for a pri- any candidate is an amount equal to the the date that is 180 days before the date of mary runoff election, a general election, or a greater of— such election. general runoff election, the amounts de- ‘‘(A) the sum of— ‘‘(e) APPEALS.—The Commission shall pro- scribed in paragraph (1) may be retained by ‘‘(i) $750,000; plus vide a written explanation with respect to the candidate and used in such subsequent ‘‘(ii) $150,000 for each congressional district any denial of any payment under this section election. in the State with respect to which the can- and shall provide the opportunity for review and reconsideration within 5 business days of ‘‘SEC. 522. ALLOCATIONS FROM THE FUND. didate is seeking election; or ‘‘(B) the amount determined by the Com- such denial. ‘‘(a) IN GENERAL.—The Commission shall make allocations from the Fund under sec- mission under section 531. ‘‘SEC. 524. POLITICAL ADVERTISING VOUCHERS. ‘‘(a) IN GENERAL.—The Commission shall tion 521(a)(1) to a participating candidate— ‘‘(2) INDEXING.—In each even-numbered establish and administer a voucher program ‘‘(1) in the case of amounts provided under year after 2013— for the purchase of airtime on broadcasting subsection (c)(1), not later than 48 hours ‘‘(A) each dollar amount under paragraph (1)(A) shall be increased by the percent dif- stations for political advertisements in ac- after the date on which such candidate is cordance with the provisions of this section. certified as a participating candidate under ference between the price index (as defined in section 315(c)(2)(A)) for the 12 months pre- ‘‘(b) CANDIDATES.—The Commission shall section 515; only disburse vouchers under the program ‘‘(2) in the case of a general election, not ceding the beginning of such calendar year and the price index for calendar year 2012; established under subsection (a) to partici- later than 48 hours after— pants certified pursuant to section 515 who ‘‘(A) the date of the certification of the re- ‘‘(B) each dollar amount so increased shall remain in effect for the 2-year period begin- have agreed in writing to keep and furnish to sults of the primary election or the primary the Commission such records, books, and runoff election; or ning on the first day following the date of the last general election in the year pre- other information as it may require. ‘‘(B) in any case in which there is no pri- ‘‘(c) AMOUNTS.—The Commission shall dis- ceding the year in which the amount is in- mary election, the date the candidate quali- burse vouchers to each candidate certified fies to be placed on the ballot; and creased and ending on the date of the next under subsection (b) in an aggregate amount ‘‘(3) in the case of a primary runoff elec- general election; and equal to the greater of— tion or a general runoff election, not later ‘‘(C) if any amount after adjustment under ‘‘(1) $100,000 multiplied by the number of than 48 hours after the certification of the subparagraph (A) is not a multiple of $100, congressional districts in the State with re- results of the primary election or the general such amount shall be rounded to the nearest spect to which such candidate is running for election, as the case may be. multiple of $100. office; or ‘‘(b) METHOD OF PAYMENT.—The Commis- ‘‘SEC. 523. MATCHING PAYMENTS FOR QUALIFIED ‘‘(2) the amount determined by the Com- sion shall distribute funds available to par- SMALL DOLLAR CONTRIBUTIONS. mission under section 531. ‘‘(a) IN GENERAL.—The Commission shall ticipating candidates under this section ‘‘(d) USE.— pay to each participating candidate an through the use of an electronic funds ex- ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed amount equal to 500 percent of the amount of change or a debit card. by the Commission under this section may qualified small dollar contributions received ‘‘(c) AMOUNTS.— be used only for the purchase of broadcast by the candidate from individuals who are ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL airtime for political advertisements relating residents of the State in which such partici- ALLOCATION.—Except as provided in para- to a general election for the office of Senate pating candidate is seeking election after graph (5), the Commission shall make an al- by the participating candidate to which the the date on which such candidate is certified location from the Fund for a primary elec- under section 515. vouchers were disbursed, except that— tion to a participating candidate in an ‘‘(b) LIMITATION.—The aggregate payments ‘‘(A) a candidate may exchange vouchers amount equal to 67 percent of the base under subsection (a) with respect to any can- with a political party under paragraph (2); amount with respect to such participating didate shall not exceed the greater of— and candidate. ‘‘(1) 300 percent of the allocation such can- ‘‘(B) a political party may use vouchers ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA- didate is entitled to receive for such election only to purchase broadcast airtime for polit- TION.—The Commission shall make an allo- under section 522 (determined without regard ical advertisements for generic party adver- cation from the Fund for a primary runoff to subsection (c)(5) thereof); or tising (as defined by the Commission in regu- election to a participating candidate in an ‘‘(2) the percentage of such allocation de- lations), to support candidates for State or amount equal to 25 percent of the amount termined by the Commission under section local office in a general election, or to sup- the participating candidate was eligible to 531. port participating candidates of the party in receive under this section for the primary ‘‘(c) TIME OF PAYMENT.—The Commission a general election for Federal office, but election. shall make payments under this section not only if it discloses the value of the voucher ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex- later than 2 business days after the receipt of used as an expenditure under section 315(d). cept as provided in paragraph (5), the Com- a report made under subsection (d). ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM- mission shall make an allocation from the ‘‘(d) REPORTS.— MITTEE.— Fund for a general election to a partici- ‘‘(1) IN GENERAL.—Each participating can- ‘‘(A) IN GENERAL.—A participating can- pating candidate in an amount equal to the didate shall file reports of receipts of quali- didate who receives a voucher under this sec- base amount with respect to such candidate. fied small dollar contributions at such times tion may transfer the right to use all or a ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA- and in such manner as the Commission may portion of the value of the voucher to a com- TION.—The Commission shall make an allo- by regulations prescribe. mittee of the political party of which the in- cation from the Fund for a general runoff ‘‘(2) CONTENTS OF REPORTS.—Each report dividual is a candidate (or, in the case of a election to a participating candidate in an under this subsection shall disclose— participating candidate who is not a member amount equal to 25 percent of the base ‘‘(A) the amount of each qualified small of any political party, to a committee of the amount with respect to such candidate. dollar contribution received by the can- political party of that candidate’s choice) in ‘‘(5) UNCONTESTED ELECTIONS.— didate; exchange for money in an amount equal to ‘‘(A) IN GENERAL.—In the case of a primary ‘‘(B) the amount of each qualified small the cash value of the voucher or portion ex- or general election that is an uncontested dollar contribution received by the can- changed.

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‘‘(B) CONTINUATION OF CANDIDATE OBLIGA- as defined in section 9002(3) or (4) of the In- ‘‘(viii) such other matters relating to fi- TIONS.—The transfer of a voucher, in whole ternal Revenue Code of 1986 (26 U.S.C. 9002 (3) nancing of Senate campaigns as the Board or in part, to a political party committee or (4)). determines are appropriate. under this paragraph does not release the ‘‘Subtitle D—Administrative Provisions ‘‘(B) CRITERIA FOR REVIEW.—In conducting candidate from any obligation under the ‘‘SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD. the review under subparagraph (A), the agreement made under subsection (b) or oth- ‘‘(a) ESTABLISHMENT.—There is established Board shall consider the following: erwise modify that agreement or its applica- within the Federal Election Commission an ‘‘(i) QUALIFYING CONTRIBUTIONS AND QUALI- tion to that candidate. entity to be known as the ‘Fair Elections FIED SMALL DOLLAR CONTRIBUTIONS.—The ‘‘(C) PARTY COMMITTEE OBLIGATIONS.—Any Oversight Board’. Board shall consider whether the number political party committee to which a vouch- ‘‘(b) STRUCTURE AND MEMBERSHIP.— and dollar amount of qualifying contribu- er or portion thereof is transferred under ‘‘(1) IN GENERAL.—The Board shall be com- tions required and maximum dollar amount subparagraph (A)— posed of 5 members appointed by the Presi- for such qualifying contributions and quali- ‘‘(i) shall account fully, in accordance with dent by and with the advice and consent of fied small dollar contributions strikes a bal- such requirements as the Commission may the Senate, of whom— ance regarding the importance of voter in- establish, for the receipt of the voucher; and ‘‘(A) 2 shall be appointed after consultation volvement, the need to assure adequate in- ‘‘(ii) may not use the transferred voucher with the majority leader of the Senate; centives for participating, and fiscal respon- or portion thereof for any purpose other than ‘‘(B) 2 shall be appointed after consultation sibility, taking into consideration the num- a purpose described in paragraph (1)(B). with the minority leader of the Senate; and ber of primary and general election partici- ‘‘(D) VOUCHER AS A CONTRIBUTION UNDER ‘‘(C) 1 shall be appointed upon the rec- pating candidates, the electoral performance FECA.—If a candidate transfers a voucher or ommendation of the members appointed of those candidates, program cost, and any any portion thereof to a political party com- under subparagraphs (A) and (B). other information the Board determines is mittee under subparagraph (A)— ‘‘(2) QUALIFICATIONS.— appropriate. ‘‘(i) the value of the voucher or portion ‘‘(A) IN GENERAL.—The members shall be ‘‘(ii) REVIEW OF PROGRAM BENEFITS.—The thereof transferred shall be treated as a con- individuals who are nonpartisan and, by rea- Board shall consider whether the totality of tribution from the candidate to the com- son of their education, experience, and at- the amount of funds allowed to be raised by mittee, and from the committee to the can- tainments, exceptionally qualified to per- participating candidates (including through didate, for purposes of sections 302 and 304; form the duties of members of the Board. qualifying contributions and small dollar ‘‘(ii) the committee may, in exchange, pro- ‘‘(B) PROHIBITION.—No member of the contributions), allocations from the Fund vide to the candidate only funds subject to Board may be— under sections 522, matching contributions the prohibitions, limitations, and reporting ‘‘(i) an employee of the Federal Govern- under section 523, and vouchers under sec- requirements of title III of this Act; and ment; tion 524 are sufficient for voters in each ‘‘(iii) the amount, if identified as a ‘vouch- ‘‘(ii) a registered lobbyist; or State to learn about the candidates to cast er exchange’, shall not be considered a con- ‘‘(iii) an officer or employee of a political an informed vote, taking into account the tribution for the purposes of sections 315 and party or political campaign. historic amount of spending by winning can- 513. ‘‘(3) DATE.—Members of the Board shall be didates, media costs, primary election dates, ‘‘(e) VALUE; ACCEPTANCE; REDEMPTION.— and any other information the Board deter- ‘‘(1) VOUCHER.—Each voucher disbursed by appointed not later than 60 days after the mines is appropriate. the Commission under this section shall date of the enactment of this Act. DJUSTMENT OF AMOUNTS.— have a value in dollars, redeemable upon ‘‘(4) TERMS.—A member of the Board shall ‘‘(C) A presentation to the Commission, together be appointed for a term of 5 years. ‘‘(i) IN GENERAL.—Based on the review con- with such documentation and other informa- ‘‘(5) VACANCIES.—A vacancy on the Board ducted under subparagraph (A), the Board tion as the Commission may require, for the shall be filled not later than 30 calendar days shall provide for the adjustments of the fol- purchase of broadcast airtime for political after the date on which the Board is given lowing amounts: advertisements in accordance with this sec- notice of the vacancy, in the same manner as ‘‘(I) the maximum dollar amount of quali- tion. the original appointment. The individual ap- fied small dollar contributions under section ‘‘(2) ACCEPTANCE.—A broadcasting station pointed to fill the vacancy shall serve only 501(11)(C); shall accept vouchers in payment for the for the unexpired portion of the term for ‘‘(II) the maximum and minimum dollar purchase of broadcast airtime for political which the individual’s predecessor was ap- amounts for qualifying contributions under advertisements in accordance with this sec- pointed. section 501(10)(A); tion. ‘‘(6) CHAIRPERSON.—The Board shall des- ‘‘(III) the number and value of qualifying ‘‘(3) REDEMPTION.—The Commission shall ignate a Chairperson from among the mem- contributions a candidate is required to ob- redeem vouchers accepted by broadcasting bers of the Board. tain under section 512(a)(1); stations under paragraph (2) upon presen- ‘‘(c) DUTIES AND POWERS.— ‘‘(IV) the base amount for candidates under tation, subject to such documentation, ‘‘(1) ADMINISTRATION.— section 522(d); verification, accounting, and application re- ‘‘(A) IN GENERAL.—The Board shall have ‘‘(V) the maximum amount of matching quirements as the Commission may impose such duties and powers as the Commission contributions a candidate may receive under to ensure the accuracy and integrity of the may prescribe, including the power to ad- section 523(b); and voucher redemption system. minister the provisions of this title. ‘‘(VI) the dollar amount for vouchers under ‘‘(4) EXPIRATION.— ‘‘(2) REVIEW OF FAIR ELECTIONS FINANCING.— section 524(c). ‘‘(A) CANDIDATES.—A voucher may only be ‘‘(A) IN GENERAL.—After each general elec- ‘‘(ii) REGULATIONS.—The Commission shall used to pay for broadcast airtime for polit- tion for Federal office, the Board shall con- promulgate regulations providing for the ad- ical advertisements to be broadcast before duct a comprehensive review of the Fair justments made by the Board under clause midnight on the day before the date of the Elections financing program under this title, (i). Federal election in connection with which it including— ‘‘(D) REPORT.—Not later than March 30 fol- was issued and shall be null and void for any ‘‘(i) the maximum dollar amount of quali- lowing any general election for Federal of- other use or purpose. fied small dollar contributions under section fice, the Board shall submit a report to Con- ‘‘(B) EXCEPTION FOR POLITICAL PARTY COM- 501(11); gress on the review conducted under para- MITTEES.—A voucher held by a political ‘‘(ii) the maximum and minimum dollar graph (1). Such report shall contain a de- party committee may be used to pay for amounts for qualifying contributions under tailed statement of the findings, conclusions, broadcast airtime for political advertise- section 501(10); and recommendations of the Board based on ments to be broadcast before midnight on ‘‘(iii) the number and value of qualifying such review. contributions a candidate is required to ob- December 31st of the odd-numbered year fol- ‘‘(d) MEETINGS AND HEARINGS.— tain under section 512 to qualify for alloca- lowing the year in which the voucher was ‘‘(1) MEETINGS.—The Board may hold such issued by the Commission. tions from the Fund; hearings, sit and act at such times and ‘‘(5) VOUCHER AS EXPENDITURE UNDER ‘‘(iv) the amount of allocations from the places, take such testimony, and receive FECA.—The use of a voucher to purchase Fund that candidates may receive under sec- such evidence as the Board considers advis- broadcast airtime constitutes an expenditure tion 522; able to carry out the purposes of this Act. ‘‘(v) the maximum amount of matching as defined in section 301(9)(A). ‘‘(2) QUORUM.—Three members of the Board ‘‘(f) DEFINITIONS.—In this section: contributions a candidate may receive under shall constitute a quorum for purposes of ‘‘(1) BROADCASTING STATION.—The term section 523; voting, but a quorum is not required for ‘broadcasting station’ has the meaning given ‘‘(vi) the amount and usage of vouchers members to meet and hold hearings. that term by section 315(f)(1) of the Commu- under section 524; nications Act of 1934. ‘‘(vii) the overall satisfaction of partici- ‘‘(e) REPORTS.—Not later than March 30, ‘‘(2) POLITICAL PARTY.—The term ‘political pating candidates and the American public 2012, and every 2 years thereafter, the Board party’ means a major party or a minor party with the program; and shall submit to the Senate Committee on

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Rules and Administration a report docu- MENTS.—If a candidate who has been cer- ‘‘(ii) the aggregate amount of which does menting, evaluating, and making rec- tified as a participating candidate under sec- not exceed $500 per election.’’. ommendations relating to the administra- tion 515(a) accepts a contribution or makes TITLE II—IMPROVING VOTER tive implementation and enforcement of the an expenditure that is prohibited under sec- INFORMATION provisions of this title. tion 513, the Commission shall assess a civil SEC. 201. BROADCASTS RELATING TO ALL SEN- ‘‘(f) ADMINISTRATION.— penalty against the candidate in an amount ATE CANDIDATES. ‘‘(1) COMPENSATION OF MEMBERS.— that is not more than 3 times the amount of (a) LOWEST UNIT CHARGE; NATIONAL COM- ‘‘(A) IN GENERAL.—Each member, other the contribution or expenditure. Any MITTEES.—Section 315(b) of the Communica- than the Chairperson, shall be paid at a rate amounts collected under this subsection tions Act of 1934 (47 U.S.C. 315(b)) is amend- equal to the daily equivalent of the min- shall be deposited into the Fund. imum annual rate of basic pay prescribed for ed— ‘‘(b) REPAYMENT FOR IMPROPER USE OF FAIR (1) by striking ‘‘to such office’’ in para- level IV of the Executive Schedule under sec- ELECTIONS FUND.— tion 5315 of title 5, United States Code. graph (1) and inserting ‘‘to such office, or by ‘‘(1) IN GENERAL.—If the Commission deter- a national committee of a political party on ‘‘(B) CHAIRPERSON.—The Chairperson shall mines that any benefit made available to a be paid at a rate equal to the daily equiva- behalf of such candidate in connection with participating candidate under this title was such campaign,’’; and lent of the minimum annual rate of basic not used as provided for in this title or that pay prescribed for level III of the Executive (2) by inserting ‘‘for pre-emptible use a participating candidate has violated any of thereof’’ after ‘‘station’’ in subparagraph (A) Schedule under section 5314 of title 5, United the dates for remission of funds contained in States Code. of paragraph (1). this title, the Commission shall so notify the (b) PREEMPTION; AUDITS.—Section 315 of ‘‘(2) PERSONNEL.— candidate and the candidate shall pay to the such Act (47 U.S.C. 315) is amended— ‘‘(A) DIRECTOR.—The Board shall have a Fund an amount equal to— staff headed by an Executive Director. The (1) by redesignating subsections (c) and (d) ‘‘(A) the amount of benefits so used or not as subsections (e) and (f), respectively and Executive Director shall be paid at a rate remitted, as appropriate; and equivalent to a rate established for the Sen- moving them to follow the existing sub- ‘‘(B) interest on any such amounts (at a section (e); ior Executive Service under section 5382 of rate determined by the Commission). title 5, United States Code. (2) by redesignating the existing subsection ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any ‘‘(B) STAFF APPOINTMENT.—With the ap- (e) as subsection (c); and action by the Commission in accordance proval of the Chairperson, the Executive Di- (3) by inserting after subsection (c) (as re- with this subsection shall not preclude en- rector may appoint such personnel as the Ex- designated by paragraph (2)) the following: forcement proceedings by the Commission in ecutive Director and the Board determines ‘‘(d) PREEMPTION.— accordance with section 309(a), including a to be appropriate. ‘‘(1) IN GENERAL.—Except as provided in referral by the Commission to the Attorney ‘‘(C) ACTUARIAL EXPERTS AND CONSULT- paragraph (2), and notwithstanding the re- General in the case of an apparent knowing ANTS.—With the approval of the Chairperson, quirements of subsection (b)(1)(A), a licensee and willful violation of this title.’’. the Executive Director may procure tem- shall not preempt the use of a broadcasting porary and intermittent services under sec- SEC. 103. PROHIBITION ON JOINT FUNDRAISING station by a legally qualified candidate for tion 3109(b) of title 5, United States Code. COMMITTEES. Senate who has purchased and paid for such ‘‘(D) DETAIL OF GOVERNMENT EMPLOYEES.— Section 302(e) of the Federal Election Cam- use. Upon the request of the Chairperson, the paign Act of 1971 (2 U.S.C. 432(e)) is amended ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI- head of any Federal agency may detail, with- by adding at the end the following new para- CENSEE.—If a program to be broadcast by a out reimbursement, any of the personnel of graph: broadcasting station is preempted because of such agency to the Board to assist in car- ‘‘(6) No authorized committee of a partici- circumstances beyond the control of the sta- rying out the duties of the Board. Any such pating candidate (as defined in section 501) tion, any candidate or party advertising spot detail shall not interrupt or otherwise affect may establish a joint fundraising committee scheduled to be broadcast during that pro- the civil service status or privileges of the with a political committee other than an au- gram shall be treated in the same fashion as Federal employee. thorized committee of a candidate.’’. a comparable commercial advertising spot. ‘‘(E) OTHER RESOURCES.—The Board shall SEC. 104. EXCEPTION TO LIMITATION ON CO- ‘‘(e) AUDITS.—During the 30-day period pre- have reasonable access to materials, re- ORDINATED EXPENDITURES BY PO- ceding a primary election and the 60-day pe- sources, statistical data, and other informa- LITICAL PARTY COMMITTEES WITH riod preceding a general election, the Com- tion from the Library of Congress and other PARTICIPATING CANDIDATES. mission shall conduct such audits as it agencies of the executive and legislative Section 315(d) of the Federal Election Cam- deems necessary to ensure that each broad- branches of the Federal Government. The paign Act of 1971 (2 U.S.C. 441a(d)) is amend- caster to which this section applies is allo- Chairperson of the Board shall make re- ed— cating television broadcast advertising time quests for such access in writing when nec- (1) in paragraph (3)(A), by striking ‘‘in the in accordance with this section and section essary. case of’’ and inserting ‘‘except as provided in 312.’’. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— paragraph (5), in the case of’’ and (c) REVOCATION OF LICENSE FOR FAILURE TO There are authorized to be appropriated such (2) by adding at the end the following new PERMIT ACCESS.—Section 312(a)(7) of the sums as are necessary to carry out the pur- paragraph: Communications Act of 1934 (47 U.S.C. poses of this subtitle. ‘‘(5)(A) The limitation under paragraph 312(a)(7)) is amended— ‘‘SEC. 532. ADMINISTRATION PROVISIONS. (3)(A) shall not apply with respect to any ex- (1) by striking ‘‘or repeated’’; ‘‘The Commission shall prescribe regula- penditure from a qualified political party- (2) by inserting ‘‘or cable system’’ after tions to carry out the purposes of this title, participating candidate coordinated expendi- ‘‘broadcasting station’’; and including regulations— ture fund. (3) by striking ‘‘his candidacy’’ and insert- ‘‘(1) to establish procedures for— ‘‘(B) In this paragraph, the term ‘qualified ing ‘‘the candidacy of the candidate, under ‘‘(A) verifying the amount of valid quali- political party-participating candidate co- the same terms, conditions, and business fying contributions with respect to a can- ordinated expenditure fund’ means a fund es- practices as apply to the most favored adver- didate; tablished by the national committee of a po- tiser of the licensee’’. ‘‘(B) effectively and efficiently monitoring litical party, or a State committee of a po- (d) STYLISTIC AMENDMENTS.—Section 315 of and enforcing the limits on the raising of litical party, including any subordinate com- such Act (47 U.S.C. 315) is amended— qualified small dollar contributions; mittee of a State committee, for purposes of (1) by striking ‘‘the’’ in subsection (e)(1), as ‘‘(C) effectively and efficiently monitoring making expenditures in connection with the redesignated by subsection (b)(1), and insert- and enforcing the limits on the use of per- general election campaign of a candidate for ing ‘‘BROADCASTING STATION.—’’; sonal funds by participating candidates; election to the office of Senator who is a par- (2) by striking ‘‘the’’ in subsection (e)(2), as ‘‘(D) monitoring the use of allocations ticipating candidate (as defined in section redesignated by subsection (b)(1), and insert- from the Fund and matching contributions 501), that only accepts qualified coordinated ing ‘‘LICENSEE; STATION LICENSEE.—’’; and under this title through audits or other expenditure contributions. (3) by inserting ‘‘REGULATIONS.—’’ in sub- mechanisms; and ‘‘(C) In this paragraph, the term ‘qualified section (f), as redesignated by subsection ‘‘(E) the administration of the voucher pro- coordinated expenditure contribution’ (b)(1), before ‘‘The Commission’’. gram under section 524; and means, with respect to the general election SEC. 202. BROADCAST RATES FOR PARTICI- ‘‘(2) regarding the conduct of debates in a campaign of a candidate for election to the PATING CANDIDATES. manner consistent with the best practices of office of Senator who is a participating can- Section 315(b) of the Communications Act States that provide public financing for elec- didate (as defined in section 501), any con- of 1934 (47 U.S.C. 315(b)), as amended by sub- tions. tribution (or series of contributions)— section (a), is amended— ‘‘SEC. 533. VIOLATIONS AND PENALTIES. ‘‘(i) which is made by an individual who is (1) in paragraph (1)(A), by striking ‘‘para- ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CON- not prohibited from making a contribution graph (2)’’ and inserting ‘‘paragraphs (2) and TRIBUTION AND EXPENDITURE REQUIRE- under this Act; and (3)’’; and

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.002 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5261 (2) by adding at the end the following: ‘‘(g) FILING WITH THE COMMISSION.—All des- In contrast, the 5 year survival rates ‘‘(3) PARTICIPATING CANDIDATES.—In the ignations, statements, and reports required of breast, prostate, and colon cancer case of a participating candidate (as defined to be filed under this Act shall be filed with have risen to 89, 99 and 65 percent re- under section 501(9) of the Federal Election the Commission.’’. spectively. Campaign Act of 1971), the charges made for SEC. 303. ELECTRONIC FILING OF FEC REPORTS. Lung cancer is the leading cause of the use of any broadcasting station for a tel- Section 304(a)(11) of the Federal Election cancer death for both men and women, evision broadcast shall not exceed 80 percent Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is of the lowest charge described in paragraph amended— accounting for 28 percent of all cancer (1)(A) during— (1) in subparagraph (A), by striking ‘‘under deaths. ‘‘(A) the 45 days preceding the date of a this Act—’’ and all that follows and inserting Lung cancer causes more deaths an- primary or primary runoff election in which ‘‘under this Act shall be required to main- nually than: colon cancer, breast can- the candidate is opposed; and tain and file such designation, statement, or cer, prostate cancer, and pancreatic ‘‘(B) the 60 days preceding the date of a report in electronic form accessible by com- cancer combined. general or special election in which the can- puters.’’; A National Cancer Institute study in didate is opposed. (2) in subparagraph (B), by striking ‘‘48 2009 indicated that the value of life lost ‘‘(4) RATE CARDS.—A licensee shall provide hours’’ and all that follows through ‘‘filed to a candidate for Senate a rate card that to lung cancer will exceed $433 billion electronically)’’ and inserting ‘‘24 hours’’; annually by 2020. discloses— and ‘‘(A) the rate charged under this sub- (3) by striking subparagraph (D). A four percent annual decline in mor- tality would reduce this amount by section; and TITLE IV—MISCELLANEOUS PROVISIONS ‘‘(B) the method that the licensee uses to more than half. determine the rate charged under this sub- SEC. 401. SEVERABILITY. A lung cancer diagnosis can be dev- section.’’. If any provision of this Act or amendment astating. The average life expectancy made by this Act, or the application of a pro- SEC. 203. FCC TO PRESCRIBE STANDARDIZED following a lung cancer diagnosis is FORM FOR REPORTING CANDIDATE vision or amendment to any person or cir- cumstance, is held to be unconstitutional, only 9 months. CAMPAIGN ADS. This is because far too many patients (a) IN GENERAL.—Within 90 days after the the remainder of this Act and amendments date of enactment of this Act, the Federal made by this Act, and the application of the are not diagnosed with lung cancer Communications Commission shall initiate a provisions and amendment to any person or until it has progressed to the later rulemaking proceeding to establish a stand- circumstance, shall not be affected by the stages. Lung cancer can be hard to di- ardized form to be used by broadcasting sta- holding. agnose, and symptoms may at first ap- tions, as defined in section 315(f)(1) of the SEC. 402. EFFECTIVE DATE. pear to be other illnesses, such as bron- Communications Act of 1934 (47 U.S.C. Except as otherwise provided for in this chitis, chronic obstructive pulmonary 315(f)(1)), to record and report the purchase Act, this Act and the amendments made by disease, or asthma. of advertising time by or on behalf of a can- this Act shall take effect on January 1, 2012. As a result, only 16 percent of lung didate for nomination for election, or for election, to Federal elective office. By Mrs. FEINSTEIN (for herself, cancer patients are diagnosed when their cancer is still localized, and is the (b) CONTENTS.—The form prescribed by the Mr. ISAKSON, and Mr. KERRY): Commission under subsection (a) shall re- S. 752. A bill to establish a com- most treatable. When I introduced this legislation in quire, broadcasting stations to report to the prehensive interagency response to re- Commission and to the Federal Election 2009, lung cancer lacked early detection duce lung cancer mortality in a timely Commission, at a minimum— technology, to find the cancer when it manner; to the Committee on Health, (1) the station call letters and mailing ad- was most treatable. Now, however, pre- Education, Labor, and Pensions. dress; liminary results show a screening (2) the name and telephone number of the Mrs. FEINSTEIN. Mr. President, I method with a demonstrated reduction station’s sales manager (or individual with rise to call for a new effort to combat in mortality for lung cancer. responsibility for advertising sales); an often deadly form of cancer—by re- In 2010, the National Cancer Institute (3) the name of the candidate who pur- introducing the Lung Cancer Mortality released initial results from the Na- chased the advertising time, or on whose be- Reduction Act. I am pleased to be half the advertising time was purchased, and tional Lung Screening Trial, a large- joined by my cosponsors, Senator ISAK- the Federal elective office for which he or scale study of screening methods to de- SON and Senator KERRY on this very she is a candidate; tect lung cancers at earlier stages. (4) the name, mailing address, and tele- important bill. The National Lung Screening Trial phone number of the person responsible for This bill will renew and improve Fed- found a 20 percent reduction in lung purchasing broadcast political advertising eral government’s efforts to combat cancer mortality among participants for the candidate; lung cancer. It will: set a goal to re- (5) notation as to whether the purchase screened with the computed tomog- duce lung cancer mortality by 50 per- raphy screening versus a traditional X- agreement for which the information is cent by 2020; establish a Lung Cancer being reported is a draft or final version; and ray. (6) the following information about the ad- Mortality Reduction Program, with This is the first time that research- vertisement: comprehensive interagency coordina- ers have seen evidence of a significant (A) The date and time of the broadcast. tion, to develop and implement a plan reduction in lung cancer mortality (B) The program in which the advertise- to meet this goal; improve disparity with a screening test. ment was broadcast. programs to ensure that the burdens of This is why this legislation also in- (C) The length of the broadcast airtime. lung cancer on minority populations cludes the creation of a computed to- (c) INTERNET ACCESS.—In its rulemaking are addressed; create a computed to- mography screening demonstration under subsection (a), the Commission shall mography screening demonstration require any broadcasting station required to project, to assess public health needs of file a report under this section that main- project based on recent science; and es- screening for lung cancer, and develop tains an Internet website to make available tablish a Lung Cancer Advisory Board, the most effective, safe, equitable, and a link to such reports on that website. which will provide an annual report to efficient process to maximize the ben- TITLE III—RESPONSIBILITIES OF THE Congress on the progress of the Mor- efit of screening. FEDERAL ELECTION COMMISSION tality Reduction Program. Efforts to fight lung cancer lag be- SEC. 301. PETITION FOR CERTIORARI. We have made great strides against hind other cancers, in part, due to stig- Section 307(a)(6) of the Federal Election many types of cancer in the last sev- ma from smoking. Make no mistake, Campaign Act of 1971 (2 U.S.C. 437d(a)(6)) is eral decades. However, these gains are tobacco use causes the majority of lung amended by inserting ‘‘(including a pro- uneven. cancer cases. ceeding before the Supreme Court on certio- When the National Cancer Act was Tobacco cessation is a critical com- rari)’’ after ‘‘appeal’’. passed in 1971, lung cancer had a 5-year ponent of reducing lung cancer mor- SEC. 302. FILING BY SENATE CANDIDATES WITH COMMISSION. survival rate of only 12 percent. After tality. Less smoking means less lung Section 302(g) of the Federal Election Cam- decades of research efforts and sci- cancer. Period. paign Act of 1971 (2 U.S.C. 432(g)) is amended entific advances, this survival rate re- But tobacco use does not fully ex- to read as follows: mains only 15 percent. plain lung cancer. Approximately 20

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The study found 20 percent the incidence of lung cancer among minority fewer lung cancer deaths among study par- 60 percent of lung cancer patients are communities during that time period will ticipants screened with the CT scan. former smokers who quit, often dec- range from 74 percent to 191 percent. ades ago. SEC. 3. SENSE OF THE SENATE CONCERNING IN- (4) Lung cancer causes more deaths annu- VESTMENT IN LUNG CANCER RE- These patients may have been ex- ally than the next 4 leading causes of cancer SEARCH. posed to second hand smoke, or they deaths, colon cancer, breast cancer, prostate It is the sense of the Senate that— may have been exposed to radon, asbes- cancer, and pancreatic cancer, combined. (5) The 5-year survival rate for lung cancer (1) lung cancer mortality reduction should tos, chromium, or other chemicals. be made a national public health priority; There could be other causes and asso- is only 15 percent, while the 5-year survival rate for breast cancer is 89 percent, for pros- and ciations that have not yet been discov- tate cancer 99 percent, and for colon cancer (2) a comprehensive mortality reduction ered, genetic predispositions or other 65 percent. Yet in research dollars per death, program coordinated by the Secretary of environmental exposures. lung cancer is the least funded of the major Health and Human Services is justified and The President’s National Cancer Ad- cancers. necessary to adequately address all aspects visory Board Report of 2010 identified (6) In 2001, the Lung Cancer Progress Re- of lung cancer and reduce lung cancer mor- radon as the second leading cause of view Group of the National Cancer Institute tality among current smokers, former smok- ers, and non-smokers. lung cancer after smoking and listed 15 stated that funding for lung cancer research other environmental contaminants was ‘‘far below the levels characterized for SEC. 4. LUNG CANCER MORTALITY REDUCTION other common malignancies and far out of PROGRAM. strongly associated with lung cancer. proportion to its massive health impact’’ and I believe that we have the expertise Part P of title III of the Public Health it gave the ‘‘highest priority’’ to the cre- Service Act (42 U.S.C. 280g et seq.) is amend- and technology to make serious ation of an integrated multidisciplinary, ed by adding at the end the following: progress against this deadly cancer, multi-institutional research program. No and to reach the goal of halving lung comprehensive plan has been developed. ‘‘SEC. 399V–6. LUNG CANCER MORTALITY REDUC- cancer mortality by 2020. (7) While smoking is the leading risk factor TION PROGRAM. We need this legislation to ensure for lung cancer, the President’s National ‘‘(a) IN GENERAL.—Not later than 180 days that our government’s resources are fo- Cancer Advisory Board Report of 2010 identi- after the date of enactment of the Lung Can- fied radon as the second leading cause of cused on this mission in the most effi- cer Mortality Reduction Act of 2011, the Sec- lung cancer and listed 15 other environ- retary, in consultation with the Secretary of cient way possible. mental contaminants strongly association Defense, the Secretary of Veterans Affairs, Agency efforts must be coordinated, with lung cancer, and there is accumulating the Director of the National Institutes of and all sectors of the federal govern- evidence that hormonal and genetic factors Health, the Director of the Centers for Dis- ment that may have some ideas to lend may influence the onset. ease Control and Prevention, the Commis- should be participating. That is what (8) Lung cancer is the most stigmatized of sioner of Food and Drugs, the Administrator the Lung Cancer Mortality Reduction all the cancers and the only cancer blamed of the Centers for Medicare & Medicaid Serv- Program will accomplish. on patients, whether they smoked or not. ices, the Director of the National Center on In this bill the Secretary of Health (9) Nearly 20 percent of lung cancer pa- Minority Health and Health Disparities, and tients have never smoked. Sixty percent of other members of the Lung Cancer Advisory and Human Services is tasked to work individuals diagnosed with lung cancer are in consultation with Secretaries and Board established under section 7 of the former smokers who quit, often decades ago. Lung Cancer Mortality Reduction Act of Directors from the Department of De- (10) Lung cancer in men and women who 2011, shall implement a comprehensive pro- fense, Veterans Affairs, the National never smoked is the sixth leading cause of gram to achieve a 50 percent reduction in the Institutes of Health, the Centers for cancer death. Of individuals diagnosed with mortality rate of lung cancer by 2020. lung cancer who have never smoked, 2⁄3 of are Disease Control and Prevention, and ‘‘(b) REQUIREMENTS.—The program imple- Food and Drug Administration, the women. (11) Lung cancer is the leading cause of mented under subsection (a) shall include at Centers for Medicare and Medicaid, and cancer death in the overall population and in least the following: the National Center on Minority every major ethnic grouping, including ‘‘(1) With respect to the National Insti- Health and Health Disparities. white, African American, Hispanic, Asian tutes of Health— This means that each agency with an and Pacific Islander, American Indian, and ‘‘(A) a strategic review and prioritization expertise on lungs, imaging, and cancer Alaskan Native, with an even disproportion- by the National Cancer Institute of research will be included in this long overdue ately higher impact on African American grants to achieve the goal of the lung cancer males that has not been addressed. mortality reduction program in reducing process. lung cancer mortality; We can do better for Americans diag- (12) Military personnel, veterans, and mu- nitions workers exposed to carcinogens such ‘‘(B) the provision of funds to enable the nosed with lung cancer. I ask my col- as Agent Orange, crystalline forms of silica, Airway Biology and Disease Branch of the leagues to support this legislation. arsenic, uranium, beryllium, and battlefield National Heart, Lung, and Blood Institute to Mr. President, I ask unanimous con- fuel emissions have increased risk for lung expand its research programs to include pre- sent that the text of the bill be printed cancer. dispositions to lung cancer, the inter- in the RECORD. (13) Only 16 percent of lung cancer is being relationship between lung cancer and other There being no objection, the text of diagnosed at an early stage and there were pulmonary and cardiac disease, and the diag- the bill was ordered to be printed in no targets for the early detection or treat- nosis and treatment of these interrelation- ships; the RECORD, as follows: ment of lung cancer included in the Depart- ment of Health and Human Services’s ‘‘(C) the provision of funds to enable the S. 752 ‘‘Healthy People 2010’’ or ‘‘Healthy People National Institute of Biomedical Imaging Be it enacted by the Senate and House of Rep- 2020’’. and Bioengineering to expedite the develop- resentatives of the United States of America in (14) An actuarial analysis carried out by ment of screening, diagnostic, surgical, Congress assembled, Milliman Inc. and published in Population treatment, and drug testing innovations to SECTION 1. SHORT TITLE. Health Management Journal in 2009 indi- facilitate the potential of imaging as a bio- This Act may be cited as the ‘‘Lung Cancer cated that early detection of lung cancer marker and reduce lung cancer mortality, Mortality Reduction Act of 2011’’. could save more than 70,000 lives a year in such as through expansion of the Quantum SEC. 2. FINDINGS. the United States. Grant Program and Image-Guided Interven- Congress makes the following findings: (15) A National Cancer Institute study in tions programs of the National Institute of (1) Lung cancer is the leading cause of can- 2009 indicated that while the value of life Biomedical Imaging and Bioengineering; cer death for both men and women, account- lost to lung cancer will exceed $433,000,000,000 ‘‘(D) the provision of funds to enable the ing for 28 percent of all cancer deaths. a year by 2020, a 4 percent annual decline in National Institute of Environmental Health (2) The National Cancer Institute esti- lung cancer mortality would reduce that Sciences to implement research programs mates that in 2010, there were 222,520 new di- amount by more than half. relative to lung cancer incidence; and; agnosis of lung cancer and 157,300 deaths at- (16) In 2010, the National Cancer Institute ‘‘(E) the provision of funds to enable the tributed to the disease. released initial results from the National National Institute on Minority Health and

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.002 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5263 Health Disparities to collaborate on preven- (3) in implementing coordinated care pro- the projected cost of the demonstration tion, early detection, and disease manage- grams for military personnel and veterans project, and shall submit annual reports to ment research, and to conduct outreach pro- diagnosed with lung cancer. Congress thereafter on the progress of the grams in order to address the impact of lung SEC. 6. LUNG CANCER SCREENING DEMONSTRA- demonstration project and preliminary find- cancer on minority populations. TION PROJECT. ings. ‘‘(2) With respect to the Food and Drug Ad- (a) SENSE OF THE SENATE.—It is the sense SEC. 7. LUNG CANCER ADVISORY BOARD. ministration, the provision of funds to en- of the Senate that a national computed to- (a) IN GENERAL.—The Secretary of Health able the Center for Devices and Radiologic mography lung cancer screening demonstra- and Human Services shall establish a Lung Health to— tion project should be carried out expedi- Cancer Advisory Board (referred to in this ‘‘(A) establish quality standards and guide- tiously in order to assess the public health section as the ‘‘Board’’) to monitor the pro- lines for hospitals, outpatient departments, infrastructure needs and to develop the most grams established under this Act (and the clinics, radiology practices, mobile units, effective, safe, equitable, and efficient proc- amendments made by this Act), and provide physician offices, or other facilities that ess that will maximize the public health ben- annual reports to Congress concerning conduct computed tomography screening for efits of screening. benchmarks, expenditures, lung cancer sta- lung cancer; (b) DEMONSTRATION PROJECT IN GENERAL.— tistics, and the public health impact of such ‘‘(B) provide for the expedited revision of Not later than 1 year after the date of enact- programs. standards and guidelines, as required to ac- ment of this Act, the Secretary of Health (b) COMPOSITION.—The Board shall be com- commodate technological advances in imag- and Human Services (referred to in this Act posed of— ing; and as the ‘‘Secretary’’), in consultation with the (1) the Secretary of Health and Human ‘‘(C) conduct an annual random sample Secretary of Defense, the Secretary of Vet- Services; survey to review compliance and evaluate erans Affairs, the Director of the National (2) the Secretary of Defense; dose and accuracy performance. Institutes of Health, the Director of the Cen- (3) the Secretary of Veterans Affairs; ‘‘(3) With respect to the Centers for Disease ters for Disease Control and Prevention, the (4) the Director of the Occupational Safety Control and Prevention— Commissioner of Food and Drugs, the Ad- and Health Administration; ‘‘(A) the provision of funds to establish a ministrator of the Centers for Medicare & (5) the Director of the National Institute of Lung Cancer Early Detection Program that Medicaid Services, and the other members of Standards and Technology; and provides low-income, uninsured, and under- the Lung Cancer Advisory Board established (6) one representative each from the fields served populations that are at high risk for under section 7 of the Lung Cancer Mortality of clinical medicine focused on lung cancer, lung cancer access to early detection serv- Reduction Act of 2011, shall establish a dem- lung cancer research, radiology, imaging re- ices; onstration project, to be known as the Lung search, drug development, minority health ‘‘(B) the provision of funds to enable the Cancer Computed Tomography Screening advocacy, veterans service organizations, National Institute for Occupational Safety and Treatment Demonstration Project (re- lung cancer advocacy, and occupational med- and Health to conduct research on environ- ferred to in this section as the ‘‘demonstra- icine to be appointed by the Secretary of mental contaminants strongly associated tion project’’). Health and Human Services. with lung cancer in the workplace and imple- (c) PROGRAM REQUIREMENTS.—The Sec- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. ment measures to reduce lung cancer risk retary shall ensure that the demonstration To carry out this Act (and the amend- and provide for an early detection program; project— ments made by this Act), there are author- and (1) identifies the optimal risk populations ized to be appropriated such sums as may be ‘‘(C) a requirement that State, tribal, and that would benefit from screening; necessary for each of fiscal years 2012 territorial plans developed under the Na- (2) develops the most effective, safe, equi- through 2016. tional Comprehensive Cancer Control Pro- table and cost-efficient process for screening f gram include lung cancer mortality reduc- and early disease management; tion measures commensurate with the public (3) allows for continuous improvements in SUBMITTED RESOLUTIONS health impact of lung cancer. quality controls for the process; and ‘‘(4) With respect to the Agency for (4) serves as a model for the integration of Healthcare Research and Quality, the annual health information technology and the con- SENATE RESOLUTION 132—RECOG- review of lung cancer early detection meth- cept of a rapid learning into the health care NIZING AND HONORING THE ods, diagnostic and treatment protocols, and system. ZOOS AND AQUARIUMS OF THE the issuance of updated guidelines. (d) PARTICIPATION.—The Secretary shall se- UNITED STATES ‘‘(5) The cooperation and coordination of lect not less than 5 National Cancer Insti- all programs for women, minorities, and tute Centers, 5 Department of Defense Med- Mr. NELSON of Nebraska (for him- health disparities within the Department of ical Treatment Centers, 5 sites within the self, Mr. DURBIN, Ms. CANTWELL, and Health and Human Services to ensure that Veterans Affairs Healthcare Network, 5 Mrs. MURRAY) submitted the following all aspects of the Lung Cancer Mortality Re- International Early Lung Cancer Action Pro- resolution; which was referred to the duction Program adequately address the bur- gram sites, 10 community health centers for Committee on Environment and Public den of lung cancer on women and minority, minority and underserved populations, and Works: rural, and underserved populations. additional sites as the Secretary determines ‘‘(6) The cooperation and coordination of appropriate, as sites to carry out the dem- S. RES. 132 all tobacco control and cessation programs onstration project described under this sec- Whereas the 223 zoos and aquariums ac- within agencies of the Department of Health tion. credited by the Association of Zoos and and Human Services to achieve the goals of (e) QUALITY STANDARDS AND GUIDELINES Aquariums support more than 142,000 jobs the Lung Cancer Mortality Reduction Pro- FOR LICENSING OF TOMOGRAPHY SCREENING nationwide, making such zoos and aquariums gram with particular emphasis on the co- FACILITIES.—The Secretary shall establish a valuable part of local and national econo- ordination of drug and other cessation treat- quality standards and guidelines for the li- mies; ments with early detection protocols.’’. censing of hospitals, outpatient depart- Whereas according to the Association of ments, clinics, radiology practices, mobile Zoos and Aquariums, accredited zoos and SEC. 5. DEPARTMENT OF DEFENSE AND THE DE- units, physician offices, or other facilities aquariums generate more than $15,000,000,000 PARTMENT OF VETERANS AFFAIRS. that conduct computed tomography screen- in economic activity in the United States The Secretary of Defense and the Sec- ing for lung cancer through the demonstra- annually; retary of Veterans Affairs shall coordinate tion project, that will require the establish- Whereas according to the Association of with the Secretary of Health and Human ment and maintenance of a quality assur- Zoos and Aquariums, accredited zoos and Services— ance and quality control program at each aquariums attract more than 165,000,000 visi- (1) in developing the Lung Cancer Mor- such facility that is adequate and appro- tors each year and are a valuable part of re- tality Reduction Program under section priate to ensure the reliability, clarity, and gional, State, and local tourist economies; 399V–6 of the Public Health Service Act, as accuracy of the equipment and interpreta- Whereas according to the Association of added by section 4; tion of the screening scan and set appro- Zoos and Aquariums, accredited zoos and (2) in implementing the demonstration priate standards to control the levels of radi- aquariums have formally trained more than project under section 6 within the Depart- ation dose. 400,000 teachers, and such zoos and aquar- ment of Defense and the Department of Vet- (f) TIMEFRAME.—The Secretary shall con- iums support science curricula with effective erans Affairs with respect to military per- duct the demonstration project under this teaching materials and hands-on opportuni- sonnel and veterans whose smoking history section for a 5-year period. ties and host more than 12,000,000 students and exposure to carcinogens during active (g) REPORT.—Not later than 180 days after annually on school field trips; duty service has increased their risk for lung the date of enactment of this Act, the Sec- Whereas according to the Association of cancer; and retary shall submit a report to Congress on Zoos and Aquariums, accredited zoos and

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Afghanistan—$806 billion for Iraq and the public to engage in conservation and (2) For fiscal years 2013 through 2016, an $444 billion for Afghanistan. education efforts, and more than 60,000 peo- amount equal to the President’s budget re- That is a staggering sum of money, ple invest more than 3,000,000 hours per year quest for that fiscal year for overseas contin- and it has been financed through debt, as volunteers at such zoos and aquariums; gency operations funds for Iraq and Afghani- Whereas public investment in accredited stan. through borrowing from other coun- zoos and aquariums has dual benefits, includ- (d) BUDGET DETERMINATIONS.—Compliance tries, and emergency supplemental ing immediate job creation and environ- with this section shall be determined on the spending bills which go on our debt. mental education for children in the United basis of estimates provided by the Com- What is more, the Iraq war was accom- States; mittee on the Budget of the Senate. panied by a massive tax cut. That Whereas accredited zoos and aquariums (e) WAIVER AND APPEAL.— failed fiscal experiment created the im- focus on connecting people and animals, and (1) WAIVER.—The provisions of this section may be waived or suspended in the Senate pression that going to war requires no such zoos and aquariums provide a critical financial sacrifice. We know that is not link to helping animals in their native habi- only by the affirmative vote of three-fifths tats; of the Members, duly chosen and sworn. true. Whereas according to the Association of (2) APPEALS.—Appeals in the Senate from The question is, Who will bear the fi- Zoos and Aquariums, accredited zoos and the decisions of the Chair relating to any nancial sacrifice, the generation that aquariums have provided more than provision of this section shall be limited to 1 has decided to go to war or its children $90,000,000 per year over the past 5 years to hour, to be equally divided between, and con- and grandchildren? The Iraq and Af- support more than 4,000 field conservation trolled by, the appellant and the manager of ghanistan wars drove up our deficit. and research projects in more than 100 coun- the bill or joint resolution, as the case may They didn’t single-handedly create our tries; and be. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and deficit problem, but they made it much Whereas many Federal agencies have rec- worse. If we are going to fix our deficit ognized accredited zoos and aquariums as sworn, shall be required to sustain an appeal critical partners in rescue, rehabilitation, of the ruling of the Chair on a point of order problem, rejecting how we finance confiscation, and reintroduction efforts for raised under this section. those wars must be part of the solu- distressed, threatened, and endangered spe- Mr. FRANKEN. Mr. President, I rise tion. cies: Now, therefore, be it to speak on my pay-for-war resolution, We have to ensure that the manner of Resolved, That the Senate— which I am submitting today. This res- funding—by borrowing—the Iraq and (1) recognizes and honors the zoos and olution would change the way we pay Afghanistan wars remains an anomaly aquariums of the United States; for war spending, and it would change in American history. That is exactly (2) commends the employees and volun- what my resolution seeks to do. It will teers at each zoo and aquarium for their the way we deliberate about going to hard work and dedication; war. ensure that future wars don’t make our (3) recommends that people in the United This is not a symbolic resolution. It deficit and debt problem worse. It will States visit their local accredited zoo and would return us to the traditional ensure that Congress and the American aquarium and take advantage of the edu- American way of paying for wars, people face the financial sacrifice of cational opportunities that such zoos and where the Congress and the Nation going to war, and it will force us to de- aquariums offer; and confront head-on the financial cost, cide whether a war is worth that sac- (4) urges continued support for accredited commitment, and sacrifice of going to rifice. zoos and aquariums and the important con- war. This is something I believe in A huge gap has grown between the servation, education, and recreation pro- majority of the American people and grams of such zoos and aquariums. strongly. It is an issue I have been working on for months. This did not the small proportion who serve in the f start with Libya, though Libya cer- military. So much sacrifice has been SENATE RESOLUTION 133—TO RE- tainly gives it a new urgency. asked of them and their families, yet QUIRE THAT NEW WAR FUNDING A number of my friends on both sides so little of the rest of us. My resolution BE OFFSET of the aisle have expressed concerns will reconnect those who serve and our Mr. FRANKEN submitted the fol- about the potential costs of the war in larger society. The Obama administration is taking lowing resolution; which was referred Libya, but this resolution is broader an important step in seeking to reduce to the Committee on the Budget: than Libya. It is about how we are going to pay for any wars in the future. reliance on emergency spending bills S. RES. 133 The resolution seeks to reestablish a and, instead, budget for war through Resolved, fiscally responsible way of paying for the regular budget process. They have SECTION 1. SHORT TITLE. our wars. included an overseas contingency oper- This resolution may be cited as the ‘‘Pay It is fiscally responsible because it ations account over and above the for War Resolution’’. would require that war spending be budget for the day-to-day operations of SEC. 2. DEFICIT-NEUTRAL WAR SPENDING. paid for or offset, as we say in the Sen- the Defense Department. That account (a) IN GENERAL.—For purposes of budget ate. It is also morally and politically is where we now find our war funding. enforcement and except as provided in this section, it shall not be in order for the Sen- responsible because it would reestab- But the improvements the Obama ad- ate to consider budget authority for overseas lish the connection between the citi- ministration has made are not enough. contingency operations if it increases the on- zenry of the United States and the cost The momentous decision to go to war budget deficit over the period of the budget of going to war—a burden that is now deserves a way of paying for those wars year and the ensuing 9 fiscal years following shared solely by the men and women of that matches the seriousness of that the budget year. the military and their families, while decision. (b) OFFSETS.—Budget authority provided the rest is passed on to future genera- Overseas contingency operations for overseas contingency operations in a bill, tions in the form of debt. should be paid for. Thus, my resolution resolution, amendment, motion, or con- Over the last 10 years, our wars have simply says that if there is a new over- ference report shall be considered deficit neutral for the purpose of this section if such been paid for by borrowing, mostly seas contingency operation requiring authority— from China and other countries willing new funding beyond the Defense base (1) is considered subsequent to an Act of to finance our debt, and by giant emer- budget, that funding must be offset. It Congress that raises revenue for the des- gency spending bills. That is unusual does not specify how that offset is to be ignated purpose of paying for such overseas in American history and, frankly, my found, leaving it up to Congress to de- contingency operations; or resolution is aimed at making sure it cide. Different people have different (2) includes new reductions in spending au- stays unusual. Iraq and Afghanistan ideas. Some may propose spending thority. have cost us well over $1 trillion. In cuts, others may propose revenue in- (c) IRAQ AND AFGHANISTAN.—For purposes of this section, the following amounts are fact, the Congressional Research Serv- creases or a combination of the two. not required to be offset with respect to the ice’s most recent estimate is that, in- But the bottom line is, Congress must overseas contingency operations in Iraq and cluding this fiscal year, Congress will find a way to pay for the cost of new Afghanistan: have approved $1 1⁄4 trillion for Iraq and wars we decide to undertake.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.002 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5265 More specifically, this pay-for-war the Committee for a Responsible Fed- the United States, second only to Alz- resolution creates a point of order so eral Budget. Noted fiscal hawk David heimer’s disease; any Senator can object to a legislative Walker, the former Comptroller Gen- Whereas even though there is inadequate comprehensive data on the incidence and proposal that allows for spending on eral of the United States, has expressed prevalence of Parkinson’s disease, as of 2011, new overseas contingency operations his support. So has Maya MacGuineas it is estimated that the disease affects over that is not deficit neutral. But it has of the Committee for a Responsible 1,000,000 people in the United States; some flexibilities. First, it allows the Federal Budget. Whereas although research suggests the cost for war in a given year to be offset A number of experts have stated the cause of Parkinson’s disease is a combina- over 10 years. Because of how the budg- rationale for the bill very powerfully. tion of genetic and environmental factors, eting process works now, spending cuts Here is what Michael O’Hanlon of the the exact cause and progression of the dis- must be found in the same year of Brookings Institution said: ease is still unknown; Whereas there is no objective test for Par- funding as the war spending. But if Senator Franken’s proposal is serious and kinson’s disease, and the rate of misdiag- there is any offset on the revenue side, smart. It seeks to remedy a major problem of nosis can be high; it can be spread out over 10 years. the last decade—fighting wars while not ask- Whereas symptoms of Parkinson’s disease My resolution also allows the offset ing the broader nation for sacrifice and com- vary from person to person and include trem- requirement to be overridden by a vote mitment and meanwhile racking up Federal ors, slowness, difficulty with balance, swal- of 60 Senators. So if three-fifths of us debt in a way that endangers the economic lowing, chewing, and speaking, rigidity, cog- progress of future generations. deem it important enough to spend on nitive problems, dementia, mood disorders, an overseas contingency operation Here is what William Niskanen and such as depression and anxiety, constipation, skin problems, and sleep disruptions; without paying for it ourselves, that Ben Friedman of the Cato Institute said: Whereas medications mask some symp- can happen. I believe this fully address- toms of Parkinson’s disease for a limited es any concern people might have Democracies cannot accurately evaluate amount of time each day, often with dose- about unduly tying the hands of the policies with hidden costs. Deficit financing limiting side effects; President or of the Congress, for that sends war bills to future taxpayers. That Whereas ultimately the medications and limits the extent to which voters and their treatments lose their effectiveness, gen- matter. If there were a genuine emer- Representatives weigh the wars’ costs gency that required immediate mili- erally after 4 to 8 years, leaving the person against other priorities. The effect is to unable to move, speak, or swallow; tary response in the short term, and make war feel cheaper than it is. Whereas there is no cure, therapy, or drug that could not be covered by the base Here is what Dean Baker of the Cen- to slow or halt the progression of Parkin- defense budget, my resolution would ter for Economic and Policy Research son’s disease; and not tie our hands. Any true emergency said: Whereas increased education and research are needed to help find more effective treat- would certainly motivate enough of us The vast majority of people in the country to vote to waive the point of order. ments with fewer side effects and, ulti- have no direct connection to the people serv- mately, an effective treatment or cure for Similarly, if at a particular time our ing in the military. If we think that a situa- economic circumstances make it espe- Parkinson’s disease; tion requires the men and women in our Now, therefore, be it cially ill-advised to offset the spending military to risk their own lives, then the Resolved, That the Senate— on a war, we would be able to waive or rest of us should at least be willing to pay (1) supports the designation of April as override the offset requirement with 60 for the costs of this adventure with our tax Parkinson’s Awareness Month; votes here in the Senate. dollars. (2) supports the goals and ideals of Parkin- Let me talk briefly about how this My resolution makes budgetary sense son’s Awareness Month; resolution handles Iraq and Afghani- and it makes moral and political sense. (3) continues to support research to find stan. Unfortunately, we are where we That is why I am confident my resolu- better treatments, and eventually, a cure for Parkinson’s disease; are on Iraq and Afghanistan. This reso- tion will garner the support of my col- (4) recognizes the people living with Par- lution is not meant to drive policy on leagues and of the American people. I kinson’s who participate in vital clinical those wars. It is forward looking. Ear- think Americans understand that the trials to advance knowledge of this disease; lier I mentioned the Obama adminis- way we have gone about paying for the and tration’s praiseworthy effort to reduce wars in Iraq and Afghanistan—by bor- (5) commends the dedication of local and reliance on emergency supplemental rowing and putting the financial bur- regional organizations, volunteers, and mil- spending bills. My resolution would den on later generations instead of tak- lions of Americans across the country work- strengthen that effort by exempting ing it on ourselves—is not good budg- ing to improve the quality of life of persons living with Parkinson’s disease and their the spending on those wars from this eting and, frankly, it is not good deci- families. offset requirement but only up to the sionmaking about war. Right now we f amount of the President’s regular are hiding the costs of war by shifting budget request. Anything above that their financial burden to future genera- SENATE CONCURRENT RESOLU- cap would be subject to the offset re- tions and we are refusing to consider TION 11—EXPRESSING THE quirement. For example, for fiscal year the real sacrifices that war requires of SENSE OF CONGRESS WITH RE- 2012 the President requested $118 bil- a nation—not just the members of the SPECT TO THE OBAMA ADMINIS- lion for Iraq and Afghanistan. Any military. That has to change. We need TRATION’S DISCONTINUING TO costs over and above that request to start paying for war and it needs to DEFEND THE DEFENSE OF MAR- would need to be offset. That number be part of the larger conversation RIAGE ACT should go down as we draw down from about how we address our Nation’s def- Mr. INHOFE submitted the following Iraq and Afghanistan. This idea is de- icit and debt. concurrent resolution; which was re- rived, by the way, from a recommenda- f ferred to the Committee on the Judici- tion of the President’s fiscal commis- ary: SENATE RESOLUTION 134—SUP- sion. S. CON. RES. 11 The idea that we should pay for our PORTING THE DESIGNATION OF APRIL AS PARKINSON’S AWARE- Whereas on February 23, 2011, President wars is not a Democratic idea. It is not Barack Obama ordered the Department of NESS MONTH a Republican idea. It is not left or Justice to drop its defense of a central part right, it is not antiwar, it is not pro- Ms. STABENOW (for herself, Mr. of the 1996 law that bars the Federal Govern- war—it is common sense. That is why ISAKSON, Mr. UDALL of Colorado, Mr. ment from recognizing same-sex unions, the my resolution has garnered expressions JOHANNS, and Mrs. HUTCHISON) sub- Defense of Marriage Act (adding section 7 of of support from a diverse range of orga- mitted the following resolution; which title 1, United States Code), and both Presi- was considered and agreed to: dent Obama and Attorney General Eric Hold- nizations and defense and budget ex- er concluded the law is unconstitutional; perts. It is supported by the Center for S. RES. 134 Whereas President Obama himself has said American Progress Action Fund, by Whereas Parkinson’s disease is the second that marriage is something sanctified be- the Bipartisan Policy Center, and by most common neurodegenerative disease in tween a man and a woman;

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.002 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5266 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 April 6, 2011 Whereas, passed by significant majorities COMMITTEE ON FOREIGN RELATIONS mittee on Banking, Housing, and in both chambers of Congress and signed into Mr. BAUCUS. Mr. President, I ask Urban Affairs’ Subcommittee on Fi- law by President Bill Clinton, the Defense of unanimous consent that the Com- nancial Institutions and Consumer Marriage Act has never been overturned in mittee on Foreign Relations be author- Protection be authorized to meet dur- any Federal lawsuit challenging that Act’s constitutionality by a Federal court, yet the ized to meet during the session of the ing the session of the Senate on April Department of Justice has decided not to de- Senate on April 6, 2011, at 10 a.m., to 6, 2011, at 3 p.m., to conduct a hearing fend that Act in Federal court; hold a hearing entitled, ‘‘Perspectives entitled ‘‘The State of Community Whereas, on the contrary, the Department on the Crisis in Libya.’’ Banking: Opportunities and Chal- of Justice is vigorously defending in numer- The PRESIDING OFFICER. Without lenges.’’ ous Federal courts across the country Presi- objection, it is so ordered. The PRESIDING OFFICER. Without dent Obama’s signature health care reform COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. law, the Patient Protection and Affordable Mr. BAUCUS. Mr. President, I ask SUBCOMMITTEE ON STRATEGIC FORCES Care Act (Public Law 111–148), and the re- lated Health Care and Education Reconcili- unanimous consent that the Com- Mr. BAUCUS. Mr. President, I ask ation Act of 2010 (Public Law 111–152), after mittee on Foreign Relations be author- unanimous consent that the Sub- the bills involved barely passed both cham- ized to meet during the session of the committee on Strategic Forces of the bers of Congress on party line votes, and Senate on April 6, 2011, at 2:30 p.m. Committee on Armed Services be au- whose critical individual mandate provision The PRESIDING OFFICER. Without thorized to meet during the session of has been declared unconstitutional by sepa- objection, it is so ordered. the Senate on April 6, 2011, at 2:30 p.m. rate Federal district courts in the cases of COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Without Florida v. United States Department of GOVERNMENTAL AFFAIRS objection, it is so ordered. Health and Human Services, Case No.: 3:10– Mr. BAUCUS. Mr. President, I ask cv–91–RV/EMT (N.D. Fla., Jan. 31, 2011), and f unanimous consent that the Com- Virginia ex rel. Cuccinelli v. Sebelius, 728 F. PRIVILEGES OF THE FLOOR Supp. 2d 768 (E.D. Va. 2010); and mittee on Homeland Security and Gov- Whereas the vast majority of Americans ernmental Affairs be authorized to Mr. MERKLEY. Mr. President, I ask believe that marriage should continue to be meet during the session of the Senate unanimous consent that my intern, what it always has been—the legal and spir- on April 6, 2011, at 10 a.m. Robyn Varner, have floor privileges for itual union between one man and one The PRESIDING OFFICER. Without the remainder of the day. woman: Now, therefore, be it objection, it is so ordered. The ACTING PRESIDENT pro tem- Resolved by the Senate (the House of Rep- COMMITTEE ON THE JUDICIARY pore. Without objection, it is so or- resentatives concurring), That Congress— (1) condemns the Obama administration’s Mr. BAUCUS. Mr. President, I ask dered. direction that the Department of Justice unanimous consent that the Com- f mittee on the Judiciary be authorized should discontinue defending the Defense of PARKINSON’S AWARENESS MONTH Marriage Act; and to meet during the session of the Sen- (2) demands that the Department of Jus- ate, on April 6, 2011, at 10 a.m., in room Mr. DURBIN. Mr. President, I ask tice continue to defend the Defense of Mar- SD–226 of the Dirksen Senate Office unanimous consent the Senate proceed riage Act in all instances. Building, to conduct a hearing entitled to the immediate consideration of S. f ‘‘The Electronic Communications Pri- Res. 134, introduced earlier today. AUTHORITY FOR COMMITTEES TO vacy Act: Government Perspectives on The PRESIDING OFFICER. The MEET Protecting Privacy in the Digital clerk will report the resolution by Age.’’ title. COMMITTEE ON AGRICULTURE, NUTRITION, AND The PRESIDING OFFICER. Without The assistant legislative clerk read FORESTRY objection, it is so ordered. as follows: Mr. BAUCUS. Mr. President, I ask COMMITTEE ON VETERANS’ AFFAIRS A resolution (S. Res. 134) supporting the unanimous consent that the Com- Mr. BAUCUS. Mr. President, I ask designation of April as Parkinson’s Aware- mittee on Agriculture, Nutrition, and ness Month. Forestry be authorized to meet during unanimous consent that the Com- mittee on Veterans’ Affairs be author- There being no objection, the Senate the session of the Senate on April 6, proceeded to consider the resolution. 2011. ized to meet during the session of the Senate on April 6, 2011. The Committee Mrs. HUTCHISON. Mr. President, Dr. The PRESIDING OFFICER. Without James Parkinson first identified the objection, it is so ordered. will meet in room 418 of the Russell Senate Office Building beginning at 10 symptoms of this debilitating disease COMMITTEE ON BANKING, HOUSING, AND URBAN a.m. in 1817, and now an estimated 1.5 mil- AFFAIRS The PRESIDING OFFICER. Without lion Americans are currently living Mr. BAUCUS. Mr. President, I ask objection, it is so ordered. with Parkinson’s. Despite major ad- unanimous consent that the Com- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- vances in modern technology and the mittee on Banking, Housing, and AGEMENT, GOVERNMENT INFORMATION, FED- establishment of the Parkinson’s Dis- Urban Affairs be authorized to meet ERAL SERVICES, AND INTERNATIONAL SECU- ease Research Agenda more than 10 during the session of the Senate on RITY years ago, we regrettably still do not April 6, 2011, at 9:30 a.m., to conduct a Mr. BAUCUS. Mr. President, I ask know the cause, and we are still look- hearing entitled ‘‘The Role of the Ac- unanimous consent that the Com- ing for a cure. counting Profession in Preventing An- mittee on Homeland Security and Gov- Parkinson’s disease is a degenerative other Financial Crisis.’’ ernmental Affairs’ Subcommittee on brain disorder with major symptoms The PRESIDING OFFICER. Without Federal Financial Management, Gov- such as tremors, trouble walking, and objection, it is so ordered. ernment Information, Federal Serv- speech difficulties. The number of peo- COMMITTEE ON ENVIRONMENT AND PUBLIC ices, and International Security be au- ple being diagnosed with Parkinson’s WORKS thorized to meet during the session of continues to rise. The newest treat- Mr. BAUCUS. Mr. President, I ask the Senate on April 6, 2011, at 1:30 p.m. ments are coming from cutting edge unanimous consent that the Com- to conduct a hearing entitled ‘‘Census: medical innovations, like deep brain mittee on Environment and Public Learning Lessons from 2010, Planning stimulation. However, we can and must Works be authorized to meet during for 2020.’’ do more to keep pushing the bound- the session of the Senate on April 6, The PRESIDING OFFICER. Without aries to find better therapies and hope- 2011, at 9:15 a.m. in Dirksen 406 to hold objection, it is so ordered. fully, very soon, a cure. This requires a a hearing entitled, ‘‘State and Local SUBCOMMITTEE ON FINANCIAL INSTITUTIONS continued national commitment to Perspectives on Transportation.’’ AND CONSUMER PROTECTION biomedical research. The PRESIDING OFFICER. Without Mr. BAUCUS. Mr. President, I ask The National Institutes of Health is objection, it is so ordered. unanimous consent that the Com- the largest contributor to Parkinson’s

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR11\S06AP1.002 S06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 4 5267 (3) continues to support research to find SUSAN OWENS HICKEY, OF ARKANSAS, TO BE UNITED research, along with the Department of STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT Veteran Affairs and the Department of better treatments, and eventually, a cure for OF ARKANSAS, VICE HARRY F. BARNES, RETIRED. Parkinson’s disease; Defense. Texas has committed to lead- DEPARTMENT OF DEFENSE ing the way in Parkinson’s disease re- (4) recognizes the people living with Par- kinson’s who participate in vital clinical ALAN F. ESTEVEZ, OF THE DISTRICT OF COLUMBIA, TO BE AN ASSISTANT SECRETARY OF DEFENSE. (NEW POSI- search and has received more than $2.7 trials to advance knowledge of this disease; million in Federal funds. These dollars TION) and IN THE AIR FORCE are being put to use at some of our top (5) commends the dedication of local and university and medical research facili- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT regional organizations, volunteers, and mil- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ties across the State, including: the lions of Americans across the country work- CATED UNDER TITLE 10, U.S.C., SECTION 624: University of Texas, Baylor College of ing to improve the quality of life of persons To be brigadier general living with Parkinson’s disease and their Medicine, Texas Tech University COL. TIMOTHY J. LEAHY families. Health Science Center, and the Audie THE FOLLOWING NAMED OFFICER FOR APPOINTMENT L. Murphy VA Medical Center in San f IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE Antonio. ORDERS FOR THURSDAY, APRIL 7, AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Today, I am proud to recognize April 2011 601: as Parkinson’s Awareness Month, and I To be lieutenant general Mr. DURBIN. Mr. President, I ask hope that this will not only raise MAJ. GEN. DAVID S. FADOK unanimous consent when the Senate awareness of this devastating disease, IN THE ARMY completes its business today, it recess but will also renew focus and vigor to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the fight to treat and ultimately elimi- until 10 a.m. on Thursday, April 7; that AS THE CHIEF OF ENGINEERS/COMMANDING GENERAL, following the prayer and pledge, the UNITED STATES ARMY CORPS OF ENGINEERS, AND AP- nate Parkinson’s disease. POINTMENT TO THE GRADE INDICATED IN THE UNITED Mr. DURBIN. I ask unanimous con- Journal of proceedings be approved to STATES ARMY WHILE ASSIGNED TO A POSITION OF IM- sent the resolution be agreed to, the date, the time for the two leaders be PORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., reserved for their use later in the day, SECTIONS 601 AND 3036: preamble be agreed to, the motions to To be lieutenant general reconsider be laid on the table with no and the Senate proceed to a period of intervening action or debate, and any morning business with Senators per- LT. GEN. THOMAS P. BOSTICK IN THE NAVY statements be printed in the RECORD. mitted to speak therein for up to 10 The PRESIDING OFFICER. Without minutes each, with the first hour THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED objection, it is so ordered. equally divided and controlled between WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND The resolution (S. Res. 134) was the two leaders or their designees, with RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: agreed to. the Republicans controlling the first 30 To be admiral The preamble was agreed to. minutes and the majority controlling VICE ADM. WILLIAM H. MCRAVEN The resolution, with its preamble, the second 30 minutes; further, that FOREIGN SERVICE reads as follows: Senator HOEVEN be recognized at noon THE FOLLOWING-NAMED PERSONS OF THE AGENCIES S. RES. 134 for up to 25 minutes to deliver his INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- FICERS OF THE CLASSES STATED. Whereas Parkinson’s disease is the second maiden speech to the Senate. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF most common neurodegenerative disease in The PRESIDING OFFICER. Without CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF the United States, second only to Alz- objection, it is so ordered. AMERICA, heimer’s disease; f DEPARTMENT OF STATE Whereas even though there is inadequate comprehensive data on the incidence and PROGRAM PATRICIA M. AGUILO, OF NEW HAMPSHIRE CHRISTINA PAULA ALMEIDA, OF RHODE ISLAND prevalence of Parkinson’s disease, as of 2011, Mr. DURBIN. Mr. President, we con- MARIA C. ALVARADO, OF NEW MEXICO it is estimated that the disease affects over tinue to work to complete action on RYAN DAVID BALLOW, OF ALASKA 1,000,000 people in the United States; JOELLE-ELIZABETH BEATRICE BASTIEN, OF MARYLAND the small business bill. We also hope to CANDACE L. BATES, OF ALABAMA Whereas although research suggests the OSBORNE DAVIS BURKS III, OF TENNESSEE cause of Parkinson’s disease is a combina- deal with the continuing resolution by G. WARREN CHANE, JR., OF ARIZONA tion of genetic and environmental factors, the end of the week. Senators will be PIERCE MICHAEL DAVIS, OF FLORIDA KIMBERLY A. DURAND-PROUD, OF MASSACHUSETTS the exact cause and progression of the dis- notified when votes are scheduled. ALICE H. EASTER, OF NEW YORK ease is still unknown; f RAMON JAMES ESCOBAR, OF WISCONSIN Whereas there is no objective test for Par- CANDACE LYNN FABER, OF WASHINGTON RECESS UNTIL 10 A.M. TOMORROW ELLIOT C. FERTIK, OF VIRGINIA kinson’s disease, and the rate of misdiag- MICHAEL RODNEY FRASER, OF NEW YORK nosis can be high; Mr. DURBIN. If there is no further ANGELA SAGER GIRARD, OF TEXAS Whereas symptoms of Parkinson’s disease RACHEL C. GRACIANO, OF WASHINGTON business to come before the Senate, I BREANNA LENORE GREEN, OF MINNESOTA vary from person to person and include trem- ask unanimous consent the Senate re- ALAMANDA LAVERNE GRIBBIN, OF FLORIDA ors, slowness, difficulty with balance, swal- cess until 10 a.m. tomorrow. RUBEN HARUTUNIAN, OF MARYLAND lowing, chewing, and speaking, rigidity, cog- EMILY JEANETTE HICKS, OF TEXAS There being no objection, the Senate, AJANI BARCLAY HUSBANDS, OF TEXAS nitive problems, dementia, mood disorders, TIM HUSON, OF CALIFORNIA such as depression and anxiety, constipation, at 7:10 p.m., recessed until Thursday, STEVEN J. JACOB, OF VIRGINIA skin problems, and sleep disruptions; April 7, 2011, at 10 a.m. ANTHONY M. JONES, OF VIRGINIA KELLY CHRISTINE LANDRY, OF GEORGIA Whereas medications mask some symp- f DAVID ANTOINE LEWIS, OF NEW MEXICO toms of Parkinson’s disease for a limited PHILLIP L. LOOSLI, OF CALIFORNIA NOMINATIONS CHRISTEN CLAIRE MACHAK, OF OHIO amount of time each day, often with dose- JONATHAN JAMES NELLIS, OF MARYLAND limiting side effects; Executive nominations received by JENNIFER LORAINE ORRICO, OF WISCONSIN Whereas ultimately the medications and the Senate: ANGELA J. PALAZZOLO, OF VIRGINIA CLARENCE JASEN PETERSON, OF MICHIGAN treatments lose their effectiveness, gen- DEPARTMENT OF STATE DOMINIC PETER RANDAZZO, OF TEXAS erally after 4 to 8 years, leaving the person JANE RHEE, OF TEXAS D. BRENT HARDT, OF FLORIDA, A CAREER MEMBER OF RACHAEL SCHMITT, OF ILLINOIS unable to move, speak, or swallow; THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, HEIDY SERVIN-BAEZ, OF OREGON TO BE AMBASSADOR EXTRAORDINARY AND PLENI- Whereas there is no cure, therapy, or drug DIONANDREA FRANCINE SHORTS, OF COLORADO POTENTIARY OF THE UNITED STATES OF AMERICA TO to slow or halt the progression of Parkin- HYUN BO SIM, OF TENNESSEE THE CO-OPERATIVE REPUBLIC OF GUYANA. SARAH ANNEMARIE SIMONS, OF CALIFORNIA son’s disease; and DONALD W. KORAN, OF CALIFORNIA, A CAREER MEM- MICHELLE BERNADETTE TAYLOR, OF CALIFORNIA BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- Whereas increased education and research JAMI JELENA THOMPSON, OF INDIANA SELOR, TO BE AMBASSADOR EXTRAORDINARY AND are needed to help find more effective treat- DALEYA S. UDDIN, OF TEXAS PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA ANNY HONG AN TRINH VU, OF CALIFORNIA ments with fewer side effects and, ulti- TO THE REPUBLIC OF RWANDA. mately, an effective treatment or cure for GEETA PASI, OF NEW YORK, A CAREER MEMBER OF THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN Parkinson’s disease; THE SENIOR FOREIGN SERVICE, CLASS OF COUNSELOR, SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES TO BE AMBASSADOR EXTRAORDINARY AND PLENI- IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF Now, therefore, be it POTENTIARY OF THE UNITED STATES OF AMERICA TO AMERICA: Resolved, That the Senate— THE REPUBLIC OF DJIBOUTI. DEPARTMENT OF COMMERCE (1) supports the designation of April as THE JUDICIARY Parkinson’s Awareness Month; BRIDGETTE CLARK, OF ALABAMA SHARON L. GLEASON, OF ALASKA, TO BE UNITED DEPARTMENT OF STATE (2) supports the goals and ideals of Parkin- STATES DISTRICT JUDGE FOR THE DISTRICT OF ALASKA, son’s Awareness Month; VICE JOHN W. SEDWICK, RETIRED. JONATHAN DANIEL ADAMS, OF NEW YORK

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BRANDON BARON, OF FLORIDA SALMAN KHAN, OF MISSOURI SARAH J. TALALAY, OF FLORIDA TANYA R. BROTHEN, OF VIRGINIA SPENCER ADAM MAGUIRE, OF THE DISTRICT OF COLUM- EDWARD CORNELIOUS THOMPSON, OF ILLINOIS ELIZABETH S. CHAN, OF CALIFORNIA BIA MAUREEN PATRICIA VAHEY, OF DELAWARE GEOFFREY CHANIN, OF PENNSYLVANIA FLORENCE MADALYN MAHER, OF NEVADA HELEN HOUSTON VAN WAGONER, OF VIRGINIA HOWARD H. CHYUNG, OF NEW YORK REBECCA E. MARQUEZ, OF MINNESOTA ANNA WANG, OF VIRGINIA D. BRENT CORBY, OF VIRGINIA JACQUELINE DENISE MOUROT, OF TEXAS HERMEN Y. YEE, OF MASSACHUSETTS SANDRA PATRICIA CORTINA, OF THE DISTRICT OF CO- VINCENT M. MUT-TRACY, OF MASSACHUSETTS MICHELLE ZJHRA, OF WASHINGTON LUMBIA MARK L. NEIGHBORS, OF VIRGINIA ROBERT J. CROTTY, OF VIRGINIA DANIEL WESLEY NEWMAN, OF NEW YORK f EDWARD E. DAIZOVI, OF INDIANA JAMES P. NUSSBAUMER, OF OREGON CHRISTOPHER J. DOSTAL, OF PENNSYLVANIA LAWRENCE DAVID PIXA, OF WASHINGTON WITHDRAWAL BENJAMIN J. GIBSON, OF MICHIGAN CHRISTINE ANANDA PRINCE, OF VIRGINIA ARIEL MICHAEL GORE, OF ILLINOIS AJAY SHASHIKANT RAO, OF NEW MEXICO Executive message transmitted by TRAVIS J. HALL, OF COLORADO CAROLYN JOY RATZLAFF, OF MICHIGAN KRISTIN KARIN HAWKINS, OF VIRGINIA ABIGAIL ELIZABETH RICHEY-ALLEN, OF MINNESOTA the President to the Senate on April 6, HEIDI HERSCHEDE, OF WISCONSIN ANNA ELIZABETH RICHEY-ALLEN, OF MINNESOTA 2011 withdrawing from further Senate JONATHAN P. HERZOG, OF OREGON INNA ROTENBERG, OF MARYLAND SHARLINA HUSSAIN, OF NEW YORK SARAH SAPERSTEIN, OF VIRGINIA consideration the following nomina- MEGAN R. IHRIE, OF NORTH CAROLINA MARK JOSEPH SCHLINK, OF THE DISTRICT OF COLUMBIA tion: RYAN SCOTT INGRASSIA, OF CALIFORNIA SCOTT EVAN SCHLOSSBERG, OF CALIFORNIA ANDREW WINDSOR JENKINS, OF TEXAS HILLEARY CARTER SMITH, OF MASSACHUSETTS ALAN F. ESTEVEZ, OF THE DISTRICT OF COLUMBIA, TO LISA SCHUYLER JEWELL, OF ILLINOIS MATTHEW STEPHENSON, OF THE DISTRICT OF COLUMBIA BE ASSISTANT SECRETARY OF DEFENSE FOR LOGISTICS HEATHER LYNNE JOHNSTON, OF WASHINGTON KATHERINE LINDSAY SUPLICK, OF MINNESOTA AND MATERIEL READINESS. (NEW POSITION), WHICH WAS E. CAMERON JONES, OF MASSACHUSETTS MARY G. SWARTZ, OF MARYLAND SENT TO THE SENATE ON MARCH 14, 2011.

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The House met at 10 a.m. and was I encourage all in south Florida to tions are as follows. Now I’m warning called to order by the Speaker pro tem- join Joshua at this amazing event and you, some of the language is graphic. pore (Mrs. ELLMERS). again congratulate him on his many On November 5, 2009, while she was f years of service to our community, deployed in Iraq, a coworker offered even at such a young age. her a ride home to her living quarters. DESIGNATION OF SPEAKER PRO When she accepted, instead of driving f TEMPORE her home, he drove her to a remote The SPEAKER pro tempore laid be- RAPE IN THE MILITARY area and tried to kiss her. Technical fore the House the following commu- The SPEAKER pro tempore. The Sergeant Gallagher threatened to re- nication from the Speaker: Chair recognizes the gentlewoman from port him. He became angry and ver- WASHINGTON, DC, California (Ms. SPEIER) for 5 minutes. bally assaulted her. She reported the April 6, 2011. Ms. SPEIER. Madam Speaker, I rise incident to command, but they claimed I hereby appoint the Honorable RENEE today to speak about an abomination, that they could do nothing about it. ELLMERS to act as Speaker pro tempore on and I vow to speak about it every week On November 7, the coworker began this day. until this Congress and this adminis- to stalk Technical Sergeant Gallagher. JOHN A. BOEHNER, He tried to break into her room, claim- tration does something more than offer Speaker of the House of Representatives. ing she didn’t know what she was miss- lip service. f ing. He telephoned her repeatedly. She Read my lips: The military must end again reported her coworker’s threat- MORNING-HOUR DEBATE rape in this country, and those who ening behavior to command but was The SPEAKER pro tempore. Pursu- commit such crimes must be brought advised that they could do nothing be- ant to the order of the House of Janu- to justice. The fact that women in the cause it was a ‘‘he said, she said’’ situa- ary 5, 2011, the Chair will now recog- military are being raped and our gov- tion. nize Members from lists submitted by ernment is turning a blind eye is dis- Five days later, on November 12, the the majority and minority leaders for turbing enough. Even worse, it is not coworker sexually assaulted her in the morning-hour debate. our enemies abroad who are commit- restroom. He pushed her up against the The Chair will alternate recognition ting these horrific crimes. It’s Amer- left side of the wall, took his right between the parties, with each party ican soldiers abusing many of our own, hand and pulled her pants and under- limited to 1 hour and each Member often with nothing more than a slap on wear down and then used his hand to other than the majority and minority the wrist and sometimes with an unbe- rub her vagina. He simultaneously leaders and the minority whip limited lievable promotion. ground his penis against her and talked to 5 minutes each, but in no event shall We have a military culture that con- about how much he was enjoying the debate continue beyond 11:50 a.m. dones, and in some cases rewards, this assault. f type of abusive and violent behavior Technical Sergeant Gallagher de- against female soldiers, who are now scribed the incident this way to NBC: RECOGNIZING FIFTH ANNIVER- more likely to be raped by fellow sol- ‘‘I thought he was going to kill me that SARY OF JOSHUA’S HEART diers than killed by enemy fire. This is night. I felt completely isolated and FOUNDATION a national disgrace, and the longer it alone and really scared. Here I was in The SPEAKER pro tempore. The goes unaddressed, Congress becomes an the middle of a foreign country in the Chair recognizes the gentlewoman from accomplice in these crimes. middle of a war.’’ Florida (Ms. ROS-LEHTINEN) for 5 min- You know, we in Congress do some- Sergeant Gallagher did not report utes. thing really well—we hold hearings, the violent assault immediately be- Ms. ROS-LEHTINEN. Madam Speak- and then we do nothing. Congress has cause command had advised her that er, I rise today to recognize an extraor- held 18 hearings in the last 16 years on nothing could be done after she had re- dinary young man from my congres- this issue, and nothing has changed. ported the coworker’s threatening be- sional district, Mr. Joshua Williams, The Department of Defense estimates havior before. Two weeks later, when on the fifth anniversary of his out- that over 19,000 servicemembers were she was asked for more details of the standing organization called Joshua’s raped or sexually assaulted in 2010; but events on November 5 and 7, at that Heart Foundation. due to fear of retribution and a failure point she reported the violent assault. At the age of 5, while watching ‘‘Feed to prosecute these crimes, only 13.5 Command’s only response was to reas- the Children’’ one evening, a question percent are reported. These are Depart- sign the assailant and order him to re- frain from any contact with her. She arose in Joshua’s head: What else can I ment of Defense figures: 19,000 soldiers was then lectured by the base chaplain, do to help? In the weeks following, raped in the military every year. who claimed that 96 percent of sexual Joshua would create the basis to what So beginning today, I am going to assaults on women occur when drink- has now become a great charity in our tell these women’s stories on the House ing is involved. Technical Sergeant community. floor, and I’m going to keep telling Gallagher had not been drinking during Today, Joshua’s Heart Foundation them and keep telling them until any of the assaults. has grown from feeding a handful of something is done about it. This is a harrowing story, and it’s families to over 1,000 throughout south Earlier this year, 17 servicemembers, one of 19,000 that must be heard. Tech- Florida in just a few years. Later this 15 of them women, filed a lawsuit nical Sergeant Gallagher fought for us. month, Madam Speaker, on April 30, against the Federal Government accus- It’s now time for us to fight for her. from 12 to 4 p.m. at Palm Island Park ing the Pentagon of ignoring their own f in Miami Beach, in my congressional cases of sexual assault. Today, I want district, Joshua’s Heart Foundation to tell you about one of those, Tech- VOTE ‘‘NO’’ ON THE ‘‘DIRTY AIR will be holding a celebration of its 5- nical Sergeant Mary Gallagher. She de- ACT’’ year anniversary, and, yes, they will be ployed to Iraq in 2009 as a member of The SPEAKER pro tempore. The feeding the hungry. the Air National Guard. Her allega- Chair recognizes the gentleman from

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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New Mexico (Mr. HEINRICH) for 5 min- Our legislation would create a new to be an historic event because it was utes. system of penalties for Federal fire- also to be the first time that a Russian Mr. HEINRICH. Madam Speaker, 14 arms license holders who commit leader was to attend the commemora- weeks have gone by and the Republican minor violations, and prevent the Bu- tion. majority has still not offered a single reau from revoking Federal firearms li- The truth of the Katyn Forest mas- jobs package. Instead, we continue to censes for minor technical violations sacre was hidden and lied about for see radical attacks on everything from such as improperly using abbreviations decades. And today, the entire world Medicare to vital clean air protections. or filing records in the wrong order. knows that in 1940 the Soviet secret po- The dirty air act that we’re consid- Revocation of a license could still be lice were ordered by Joseph Stalin to ering today destroys the EPA’s ability an option for the BATFE to punish systematically round up and murder to limit air pollution under the Clean willful violation of the law, but it all of Poland’s officers, intellectuals, Air Act, an unprecedented move that would not be the only option. national leaders, teachers, university ignores scientific consensus and public The BATFE Reform Act would also presidents. As many as 22,000 people health. Instead of creating jobs, the make commonsense reforms to help were killed in that heinous crime. Republicans are asking us to pass legis- small businesses that sell firearms. For For decades, the Soviets tried to lation that would put our Nation’s example, it would provide a Federal cover up their guilt by blaming this health and safety at risk. firearms license holder with the time atrocity on the Nazis. There is plenty This radical bill also halts a measure to liquidate their inventory if they are of blame for them too, but the truth of that would save American families going out of business. It would also Katyn was never told. thousands of dollars a year in fuel allow a grace period for people taking I am proud that this country and this costs and make America more energy over an existing firearms business in House have long demanded that the independent. We must make our policy which they can correct preexisting truth about the Katyn massacre be ex- decisions based on science, not on poli- record-keeping violations from the pre- posed. In 1951, it was this House of Rep- tics. vious owner and make necessary up- resentatives that established a select I would urge my colleagues to vote dates to the license application proce- committee to conduct and investigate against this dirty air act today. dures. the facts, evidence, and circumstances f Our bill would permanently ban the of the Katyn Forest massacre. One b 1010 creation of a centralized electronic year later, the committee unanimously index of dealers’ records to protect gun concluded that the Soviets had been re- SUPPORT THE BATFE REFORM owners’ privacy and ensure that law- sponsible. Unconscionably, the Soviets ACT abiding gun owners will not unknow- continued to deny their actions until The SPEAKER pro tempore. The ingly end up in a Federal gun registra- President Mikhail Gorbachev made a Chair recognizes the gentleman from tion database. Congress has included statement on April 13, 1990. Pennsylvania (Mr. ALTMIRE) for 5 min- this language in its annual appropria- We knew that the 70th commemora- utes. tions bills banning the creation of an tion of this atrocity was to be historic. Mr. ALTMIRE. Madam Speaker, I index for more than a decade. This But the world was further shocked that rise today to ask my colleagues to sup- time we want to give it the weight of this tragic day was to witness yet an- port a legislative effort to modernize law so we can give gun owners cer- other obliteration of the leaders of the the Bureau of Alcohol, Tobacco, Fire- tainty and make this policy part of the Polish Nation. Last April 10, the Polish arms, and Explosives. I have joined existing law. President’s airliner, a Russian Tupelov with Congressman STEVE KING to in- The NRA has endorsed this legisla- TU–154M that had been recently over- troduce the BATFE Reform Act, which tion, and I would ask my fellow Rep- hauled in Russia, crashed as it was will safeguard American citizens’ Sec- resentatives to show their support for landing near Smolensk. Everyone on ond Amendment rights by bringing the Second Amendment and small busi- board, all 96 people, were killed, includ- commonsense reform to the BATFE so nesses nationwide by cosponsoring the ing Poland’s President, its first lady, that it can do a better job of punishing BATFE Reform Act. the deputy foreign minister, the deputy lawbreakers and keeping guns out of f defense minister, the director of na- the hands of criminals, without placing tional intelligence, dozens of members undue restrictions on local businesses REMEMBERING APRIL 10 IN of Parliament, the chiefs of staff of the in this difficult economy. POLISH HISTORY Army and Navy, along with the presi- Our proposed legislation would make The SPEAKER pro tempore. The dent of the Polish bank. sure that federally licensed firearms Chair recognizes the gentlewoman from Also on board the plane was Anna dealers are not subject to poorly for- Ohio (Ms. KAPTUR) for 5 minutes. Walentynowicz, the former dock work- mulated and unnecessary regulations Ms. KAPTUR. Madam Speaker, I rise er whose firing in 1980 sparked Poland’s by updating the rules and potential to honor the memory today of the vic- heroic Solidarity strike that ulti- penalties governing individuals and tims of the April 10, 2010, plane crash in mately overthrew the Communist Gov- businesses that hold a Federal firearms Smolensk, Russia, that 1 year ago ernment of Poland. Ryszard license so they are clear and fair. killed much of the Nation of Poland’s Kaczorowski, who served as Poland’s Our goal is to create a fair system national leadership. Last year, the final President in exile before the under which firearms dealers with House and Senate overwhelmingly country’s return to democracy, was minor paperwork errors are no longer passed resolutions to express America’s killed, as well as Wojciech Seweryn, a threatened with the loss of their liveli- unwavering support for the people and Chicago artist whose father was killed hoods. Defining a willful violation is an Government of Poland, and to offer our in Katyn. important step in clarifying the way heartfelt sympathies for the families I want to honor their memory today Federal firearms license holders are and loved ones of those who perished. and the memory of all those who were punished by the BATFE. Currently, the April 10 has long been a day of mem- killed at Katyn. And I want to express Bureau is limited in most cases to ei- ory for the Polish people and those of our support for the Polish people and ther giving a warning or totally revok- Polish descent, because on that day 71 the Polish Government as it seeks full ing a license, no matter how minor or years ago the Soviets carried out a hor- answers surrounding the plane crash, severe the violation. That’s the current rific act against the Polish people. I particularly access to the black boxes law. But I believe that these small am talking about the Katyn Forest that were taken by Russia, and the business owners and law-abiding citi- massacre. Last year, Polish President government’s other physical materials zens should not be so harshly punished Lech Kaczynski was leading a Polish held related to this tragedy. for small or even insignificant book- delegation to Russia for the 70th com- Poland is a strong U.S. ally. Polish keeping errors. memoration of that massacre. This was leaders like Thaddeus Kosciuszko

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Our manufacturing sector ment open must also include con- and Katyn in 1940, America stands with has declined over the last several dec- troversial social policy provisions that the liberty-loving people of Poland. ades, and it won’t be rebuilt overnight. have little, if anything, to do with the f But if we are going to reclaim our spot deficit, even though their own Pledge as a leader in manufacturing, we are to America promised to ‘‘end the prac- U.S. MANUFACTURING AND CHI- going to have to have our own roadmap tice of packaging unpopular bills with NA’S CURRENCY MANIPULATION for the United States manufacturing ’must-pass’ legislation,’’ bills that The SPEAKER pro tempore. The industry. should pass on their merits, not as re- Chair recognizes the gentleman from The second thing we should do to lated to some extraneous issue. Maine (Mr. MICHAUD) for 5 minutes. help U.S. manufacturing is address Chi- Rather than compromise with Presi- Mr. MICHAUD. Madam Speaker, I na’s currency manipulation. By devalu- dent Obama, with the Democrats in the rise today to express my concern about ing the yuan, China makes their ex- Senate and the House, Republicans are the decline in U.S. manufacturing and ports cheaper and U.S. imports more threatening, once again, to shut down China’s currency manipulation. It is expensive. government as they did in 1995. time our government responded to This is unfair, and it creates an Now they tell us that they will back these issues by developing a national unlevel playing field that forces U.S. off on their threat but only if we pass manufacturing strategy and bringing businesses to close their doors here in a partisan, 1-week spending bill that to the floor immediately H.R. 639, the the United States. We cannot wait any triples the ransom to keep the govern- Currency Reform for Fair Trade Act. longer to take action. Diplomacy has ment open. In other words, this bill This chart here shows a significant not worked, so we must seek legisla- contains three times the weekly cuts drop in manufacturing employment in tive action. as the last week-to-week bill did. It the United States. We have lost nearly Congress must pass the Currency Re- also takes all cuts from only a small 6 million manufacturing jobs in the form for Fair Trade Act immediately, slice of the budget. last decade alone. At our current rate, and President Obama must sign it. In Frankly, Madam Speaker, that it will take us 24 years to get back the addition, the United States should makes this latest bill a mockery of fis- U.S. manufacturing jobs that we have bring a WTO case against China for cal responsibility, especially because it lost between the year 2000 and 2010. undervaluing its currency. We have to leaves entirely untouched for the rest Just last month, a report revealed that fight this blatant violation of trade law of the year what the Secretary of De- United States manufacturing is now in through every step available to do fense himself has called the Pentagon’s second place behind China. Making that. ‘‘culture of endless money.’’ This par- things here at home is critical for our China’s currency manipulations put tisan patch contradicts Republicans’ economic diversity, our national secu- Americans out of work and force Amer- own promises to put everything on the rity, and just makes common sense. ican businesses to close their doors. We table, defense spending included. China’s enormous growth in manufac- must act with urgency to stop that. Listen to their own words, as re- turing has come at America’s expense, I urge my colleagues to support a na- ported by the Associated Press on Jan- and it is bad for American businesses tional manufacturing strategy and uary 23: ‘‘The House’s new majority and American jobs. urge the House leadership to bring H.R. leader, Representative ERIC CANTOR of There are many reasons for our man- 639 to the floor for a vote immediately. Virginia, has said defense programs ufacturing sector’s decline. I want to f could join others on the cutting highlight two that the Obama adminis- board.’’ But, of course, they haven’t ONE-WEEK CONTINUING tration and Congress can act upon done that. RESOLUTION/2012 BUDGET today. First, we need to develop, adopt, New York Times, January 27: ‘‘Rep- and adhere to a comprehensive na- The SPEAKER pro tempore. The resentative CHRIS GIBSON, a tea party- tional manufacturing strategy. Second, Chair recognizes the gentleman from endorsed freshman Republican and re- we need to address China’s currency Maryland (Mr. HOYER) for 5 minutes. tired Army colonel, made it clear that manipulation and stop giving our man- Mr. HOYER. Madam Speaker, budg- no part of the Pentagon’s $550 billion ufacturing jobs to Beijing. ets are not simply about dollars and budget, some $700 billion including the A national manufacturing strategy cents. They are about values and prior- wars in Iraq and Afghanistan, was im- makes sense. Many developed econo- ities. And the debate over spending has mune. ‘This deficit that we have mies and many of our competitors, in- revealed Republican priorities, in my threatens our very way of life, and ev- cluding China, have them. If China is opinion, in the worst possible light. erything needs to be on the table.’ ’’ going to implement nationwide policies First, Republicans passed a spending However, they have not done that. designed to boost specific sectors, so plan for the remainder of the fiscal Congressman MIKE PENCE, on Janu- should we. Our strategy should not in- year that would cripple America’s abil- ary 7, said: ‘‘If we are going to put our volve illegal trade practices like China, ity to out-innovate, out-educate, and fiscal house in order, we have to be but it should involve clear objectives. out-build its competitors. That spend- able to look at defense.’’ We need a We should ask ourselves the question, ing plan would cut billions in medical strong defense. I am a supporter of a what should the American manufac- and energy research, cut out support strong defense. But to take those dol- turing sector look like? I believe a di- for 20,000 research scientists, kick lars off the table is irresponsible and verse, robust manufacturing sector is 200,000 children out of Head Start, put inconsistent with the representations key to a strong American economy and college out of reach for millions of that our Republican friends have made. critical to our national security. middle class students, and end vital in- Those words are sounding very hol- frastructure projects in 40 States, in- low, however, today. Why are Repub- b 1020 frastructure projects which provide licans breaking their word, Madam The strategy should also evaluate American jobs. Speaker? Because, in my opinion, they what policy changes are needed to pro- A consensus of nonpartisan econo- know that the only way to get their mote more domestic production. We mists has found that the plan will cost conference to support this spending bill should seek the input from companies us hundreds of thousands of jobs. And is to bribe it with a year of defense that currently choose to make their Mark Zandi, Moody’s Analytics chief spending left untouched and a divisive

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That’s our job. ‘‘My way or of the numbers of the plan to get there. their disastrous policies and then say the highway’’ is never going to get it To create this big number, the Repub- the situation they created is the reason done. licans ignored the Congressional Budg- why we need to implement every form Finally, Republicans showed their et Office. That’s quite a strategy. If the of their radically failed philosophy. It’s priorities in their budget for the up- nonpartisan budget scorekeepers don’t cynical. It’s ugly politics. And it’s the coming fiscal year. We will have a lot say what the Republicans want, the Re- Republican strategy. to say about that in the days ahead. publicans just ignore it and make up Consider what they’re doing to sen- Their budget ends Medicare as we their own numbers. iors. They’re saying to seniors: Now know it. Seniors thought that they Secondly, the Republicans’ answer to you have a set of guaranteed benefits. were going to protect Medicare. Well, the people in need is to dismantle Med- We’re going to take it away and give their way of protecting it is ending it. icaid and leave health care for the poor you a voucher. Go look for some health It dismantles Medicaid and other vital to the States. The Republicans will insurance. And good luck. programs for our seniors. We will talk drop millions of low-income people, f a lot about that in the coming days. children, seniors, disabled, and preg- And on top of that, it includes yet trillions nant women off their rolls. Not only CUT AFGHANISTAN, NOT SUPPORT more in tax cuts for the wealthiest Americans. that, those patients that are left on the FOR SENIORS, SCHOOLCHILDREN, We can do better. Rather than using our rolls will get a different kind of care AND WORKING FAMILIES debt as an excuse to pass a nakedly partisan from State to State, and some of that The SPEAKER pro tempore. The agenda, we need to take a bipartisan ap- care is very bare bones. You shouldn’t Chair recognizes the gentlewoman from proach that puts everything on the table: have to care about where you live if California (Ms. WOOLSEY) for 5 min- Keeping our entitlement programs solvent; you are poor, elderly or a child in this utes. scrutinizing our spending, defense and non- country. There are some States that Ms. WOOLSEY. Madam Speaker, my defense, for waste and low priorities; and you don’t want to live in. friends on other side of the aisle re- passing deficit-reducing tax reform. Third, the Republican plan does leased their budget blueprint for 2012 Those are the hard choices and shared sac- nothing, not one thing, about the hun- yesterday. Let’s leave aside for the mo- rifices that Americans have a right to expect. dreds of billions of dollars of tax breaks ment that they’re prepared to shut f American people give corporations down the government rather than fund NO JOBS AGENDA every single year. The Republican plan it at acceptable levels for the rest of fiscal year 2011. If you thought H.R. 1 The SPEAKER pro tempore. The even cuts more for the superrich in this was bad, wait until you see what they Chair recognizes the gentleman from country. Republicans say they don’t like to have in store for 2012 and the decade to Washington (Mr. MCDERMOTT) for 5 pick winners and losers. But they pick come. minutes. winners and losers all the time when It’s an appalling, radical, and reck- Mr. MCDERMOTT. Madam Speaker, less proposal. They want to shred the the Republicans ran on a jobs agenda; they give money to oil companies and social safety net and decimate the pro- but so far this Congress, they have not Wall Street and then push the disabled grams for the most vulnerable Ameri- done one thing to help Americans find people living in poverty off the Med- cans, the programs that they depend on jobs. For 14 weeks, they have been run- icaid health insurance. to get through day-to-day life. They ning the House with not one mention And the Republican Party does noth- demand sacrifice from working fami- of jobs. ing, not one thing, about the defense The Republicans have put their budg- budget. Iraq is winding down, Afghani- lies and the middle class, but none, no et proposal out now, and now we have stan is winding down, and Libya will be sacrifice from special interests and the their real agenda: a radically ideolog- over shortly, but they don’t take one big oil companies. I saw a lot of words in their budget ical plan to protect giveaways to cor- thin dime out of the defense budget. proposal. But one that I don’t believe porations and to attack the elderly, They can’t find anything to save any- was mentioned a single time is ‘‘Af- the poor, women and children of the place. ghanistan.’’ The war in Afghanistan, in country. Reaganomics drove this coun- Now, the American people need to addition to having cost us more than try to the brink of bankruptcy in the know the facts. The fact is that if we 1,500 American lives, is costing the tax- 1980s. Reaganomics drove the world restored the fair Clinton-era tax rates, payers nearly $7 billion a month and is economy to the brink again in the what we had in effect before 2000, and proving to be a crashing failure. This Bush years, and now the Republicans kept all other spending at the same war is in its 10th year, and we still are trying for a third time to impose point, our deficit drops by two-thirds. haven’t vanquished the Taliban. We their intolerance and everyone-for- That’s where we are today. In 10 years, still haven’t brought a stable democ- themselves economics on the American it drops by two-thirds. That’s a simple racy to Afghanistan. And we still people. plan that is very doable without de- We need to be fiscally responsible. I stroying the safety net in this country, haven’t trained the Afghans to take re- think there are things moderate Re- without going after all the poor and sponsibility for their own security. publicans and Democrats can agree on, the dispossessed in this country. The Republicans want to cut waste- but the Republican plan is to dismantle We still have to work to lower the ful, ineffective government programs. the social safety net of this country. deficit even more. We need the right Well, if that is true, I suggest the ma- priorities. And the right priorities jority start with Afghanistan before b 1030 should be figuring out more ways to going after American seniors, school- This is a debate we should have. save on health care spending. We spend children, and working people. My Re- Republicans often chuckle that win- too much for too little results. If we publican colleagues believe in limited ning at politics is worth the cost to don’t deal with health care costs, this government as long as the things their conscience of being straight with deficit is going to be very tough to deal they’re limiting are taxes paid by spe- the public. I think we need to let citi- with. cial interests and investments in peo- zens come to their own conclusions by But the Republican plan is to demon- ple who need a helping hand. When it giving them some facts. And here are ize poor people and union workers. comes to foreign invasions and decade- some indisputable facts about the Re- Take a good look at Wisconsin. You’d long military occupations, Republicans publican budget plan: think all the problem in Wisconsin was are the biggest spenders of all.

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Indeed, no denigration of are allowed to collude, red-line people. nearly two-thirds of Americans are fed a religion could be greater than to They are allowed to get together and up with the war in Afghanistan and murder innocent people in its name. If collude and drive up prices. They are don’t think it’s worth fighting. I were to be asked what did I think allowed to get together and collude and It’s impossible, Madam Speaker, to more detracted from the image of decide which States they will go into take seriously any budget proposal Islam, this irresponsible publicity or get out of to help their sister and that doesn’t even mention Afghanistan seeker in Florida burning a Koran or brother companies make more profits. or Iraq and doesn’t cut billions and bil- people in the name of the religion mur- He would do nothing about that. That lions in wasteful war spending from the dering innocent people including those system would continue. budget. who went to Afghanistan only to help, Then there’s the little problem that It’s time to bring our troops home. it is clearly the latter. he would repeal so-called ObamaCare. It’s the right thing to do. It’s what the So, Madam Speaker, let’s be very Well, one of the things I think most people want. It’s a sensible, humane, clear that nothing in what happened Americans liked about that legislation and compassionate path to fiscal re- with the burning of a Koran comes was it prohibits insurance companies sponsibility. close to justifying the outrageous, from refusing to sell you a policy be- f murderous behavior of people in Af- cause you were sick once. That’s called ghanistan. And I am pleased that there a preexisting condition. It also pro- THE FIRST AMENDMENT is attention given to this, but the con- hibits insurance companies from tak- The SPEAKER pro tempore. The demnation should be of this kind of at- ing away your policy the day you get Chair recognizes the gentleman from tack on innocent citizens, and we sick, something called a recision. Massachusetts (Mr. FRANK) for 5 min- ought to keep this in some perspective. In PAUL RYAN’s world, those things utes. are back, preexisting condition exclu- f Mr. FRANK of Massachusetts. sions. Madam Speaker, earlier this year, an b 1040 Guess what. Aging is a preexisting irresponsible bigot burned a Koran in condition. Go out today, if you’re 55 CONGRESSMAN PAUL RYAN’S Florida. That was a despicable act. But years old and you’ve been sick once in PRIVATIZED FISCAL FUTURE unfortunately, a number of far worse your life, and try to buy at any reason- acts eventuated; that is, the murder, The SPEAKER pro tempore. The able price a private health insurance calculated and deliberate murder, of a Chair recognizes the gentleman from policy. In PAUL RYAN’s world, market number of innocent people in Afghani- Oregon (Mr. DEFAZIO) for 5 minutes. discipline will take care of that. No. stan by people purporting to be defend- Mr. DEFAZIO. Yesterday, PAUL RYAN What he’s doing is a massive shifting ing their religion against the burning of Wisconsin, Republican chair of the of costs onto seniors, the kind of thing of a book in Florida by massacring in- Budget Committee, revealed his pro- that drove seniors into bankruptcy nocent civilians in Afghanistan. jected future for seniors in America back in the 1950s and 1960s and had And I am pleased that people, includ- and their health insurance coverage. their poverty rate at 20 percent. That’s ing General Petraeus and others, con- It’s very interesting. why we adopted Medicare in this coun- demned the irresponsibility of the What he says is, starting with people try, so that seniors wouldn’t be driven Koran burning, but there needs to be who are age 55 and younger, there out of their homes and into bankruptcy even greater condemnation of the no- would be no traditional Medicare. in their later years when most people tion that that in any way justifies That’s a pretty radical departure. But require more health care. In PAUL murder. That includes a kind of con- he says don’t worry. What we will do, RYAN’s world, the heck with that. demnation, in my judgment, of the what in the Republican vision we will In fact, the Congressional Budget Of- President of Afghanistan, our increas- do, is the government will take money fice—which some days he likes when ingly unimpressive ally Mr. Karzai, and it will give it to private health in- they give him answers he likes, and who, I believe, added to the furor there surance companies. Seniors would be some days he doesn’t like when they by insisting that the man who burned forced to go to those private health in- give him answers he doesn’t like, but the Koran should have been prosecuted. surance companies and buy a policy it’s an impartial group, bipartisan Well, under American law, he was not from them, and it would be offset by group, and at this point controlled by prosecuted. He should not have been. the amount of money that the Federal the Republicans—has said that under The right to do obnoxious things is a Government gave to the private health PAUL RYAN’s world, seniors, instead of very important part of the First insurance industry. And market dis- paying 25 percent of the costs of their Amendment. cipline would prevail in the PAUL RYAN health care, which they do today and But what is most appalling is that view of the world. Isn’t that a wonder- they would in the future if we continue people purported, in the name of reli- ful thing? Medicare, will pay 68 percent of the gion, then not even to do anything Well, guess what? We’ve got that costs of their health care. against that individual, and that would today. We have an unregulated health Now, how many people, how many have been unjustified. I am not sug- insurance industry in this country ex- seniors in this country—other than the gesting that there is any justification empt from anti-trust law, unlike any people he pals around with on Wall for any violence against him. But vio- other business in America. And over Street and at the country club—but lence against people in Afghanistan, the last 10 years, premiums for people other than them, how many of them employees of the United Nations there who buy health insurance have doubled can afford to pay 68 percent of their for humanitarian reasons, other citi- in my State, pretty much the same all health care costs? What middle class zens of Western countries, for them to around the country. Some places more American can afford that in retirement have been assaulted and murdered by than doubled, other places a little bit no matter how prudent they’ve been people purporting to be acting in the less. But that’s over 10 years. their whole life, no matter how much name of religion, that is the true out- But in PAUL RYAN’s view of the money they’ve saved in their whole rage. world, that’s a success. Why is it a suc- life? Very, very, very few. And I hope people will resist any cess? Well, because insurance company So we have here a plan to enrich the temptation even to equate the two. An profits are up very dramatically. So private health insurance industry,

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5274 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 allow them to return to all of their bad At a time when our economy needs an ‘‘Let no one seek his own good, but the old ways—recisions, pre-existing condi- infusion of the best and brightest good of his neighbor.’’ tion exclusions and all of that—so that workers, we can’t afford to cut public Bless them and their families with the government can give them money. education while protecting tax breaks good health and long life. And he says this will save the govern- for companies who ship jobs overseas And let Your peace rest upon them ment a lot of money. Well, it might, and spending billions of dollars in tax and this great Nation, as we continue but it’s going to kill a lot of seniors or breaks on people already making up- to live out the words written over the drive them into bankruptcy, just like ward of half a million dollars. chair of the Speaker of the House: ‘‘In the days before we had Medicare. A budget isn’t just about dollars and God we trust.’’ If one looks at the other Republican cents; it’s about priorities and values. In Jesus’ name, amen. creation of the last decade, Medicare And as representatives of the American f Part D—you know, that thing where we people, our priorities and values should helped seniors with their pharma- reflect their values: Jobs, a secure re- THE JOURNAL ceutical costs, with their drug prescrip- tirement, the promise of educational The SPEAKER. The Chair has exam- tions—that wasn’t done through Medi- opportunity, and the certainty that if ined the Journal of the last day’s pro- care; it was done through the private your child is sick then you will be able ceedings and announces to the House insurance industry. It cost three-quar- to afford to see the doctor. his approval thereof. ters of a trillion dollars, $650 billion— If you vote for this bill, then who Pursuant to clause 1, rule I, the Jour- 650 thousand million dollars—over 10 amongst us could go home and look nal stands approved. years. Borrowed money. That’s PAUL senior citizens in the eye knowing we Mr. POE of Texas. Mr. Speaker, pur- RYAN’s world. Give all the money to ended Medicare as we know it? Who suant to clause 1, rule I, I demand a the insurance companies. could look an unemployed worker in vote on agreeing to the Speaker’s ap- Good work, PAUL. the eye knowing we didn’t do anything proval of the Journal. f to create jobs? Who could look a stu- The SPEAKER. The question is on dent in the eye knowing we took away the Speaker’s approval of the Journal. CONGRESSMAN PAUL RYAN’S their opportunity to succeed with a The question was taken; and the BUDGET quality education? Speaker announced that the ayes ap- The SPEAKER pro tempore. The I want to reduce our deficit. I know peared to have it. Chair recognizes the gentlewoman from it’s vital for our fiscal future. But I Mr. POE of Texas. Mr. Speaker, I ob- California (Ms. CHU) for 5 minutes. also want to look my constituents in ject to the vote on the ground that a Ms. CHU. Yesterday, Congressman the eye and tell them I stood up for quorum is not present and make the PAUL RYAN introduced the Republican their priorities and not those of Big point of order that a quorum is not Party’s fiscal year 2012 road-to-ruin Oil, international corporations, and present. budget. special interests. The SPEAKER. Pursuant to clause 8, We have been back to work in the The truth is we can do both. We can rule XX, further proceedings on this House for 14 weeks. And for 14 straight get our deficit under control. And we question will be postponed. weeks, the Republican majority has can do it without cuts that hurt hard- The point of no quorum is considered done nothing to create jobs. They working families. withdrawn. haven’t even put a single jobs bill on f f the House floor. In fact, their proposed spending bill for 2011 actually costs RECESS PLEDGE OF ALLEGIANCE America 700,000 jobs. The SPEAKER pro tempore. Pursu- The SPEAKER. Will the gentle- Now, Congressman RYAN and the Re- ant to clause 12(a) of rule I, the Chair woman from Missouri (Mrs. HARTZLER) publican leadership want to extend declares the House in recess until noon come forward and lead the House in the their job-killing policies and perma- today. Pledge of Allegiance. nently eliminate the middle class. The Accordingly (at 10 o’clock and 50 Mrs. HARTZLER led the Pledge of Republicans’ road to ruin is nothing minutes a.m.), the House stood in re- Allegiance as follows: short of an attack on working families, cess until noon. I pledge allegiance to the Flag of the seniors, students, and children. f United States of America, and to the Repub- It attacks America’s seniors by end- b 1200 lic for which it stands, one nation under God, ing the Medicare guarantee and put- indivisible, with liberty and justice for all. ting your fate in the hands of private AFTER RECESS f insurance companies. It attacks Amer- The recess having expired, the House ica’s workers by not doing anything to WELCOMING BISHOP HENRY was called to order by the Speaker at FERNANDEZ create jobs and by gutting job training. noon. It attacks America’s students by cut- f The SPEAKER. Without objection, ting education and raising college costs the gentleman from Florida (Mr. HAS- for nearly 10 million students. PRAYER TINGS) is recognized for 1 minute. Now, no matter what side of the aisle Bishop Henry Fernandez, The Faith There was no objection. we are on, we can all agree that deficit Center, Sunrise, Florida, offered the Mr. HASTINGS of Florida. Mr. reduction is important. But the ques- following prayer: Speaker, it is with great privilege that tion is how do we do it. What we can’t Heavenly Father, we thank You for I welcome my dear friend, Bishop do is balance the budget on the backs this day, for truly this is the day that Henry Fernandez, as our guest chaplain of America’s middle class, our seniors, the Lord has made, and we will rejoice for today’s opening prayer. our students, and our children. and be glad in it. He is an anointed speaker, educator, But I do know some things we can’t I pray that our government will seek accomplished author, and entre- afford. At a time when middle class Your divine will in the affairs of this preneur. Henry B. Fernandez answered families can’t pay their bills, we can’t great Nation, the United States of the call of God on his life in 1985 and afford to keep spending billions in sub- America. I ask for Your lead in every- later became an ordained minister in sidies for Big Oil and giveaways for thing this 112th Congress will work on. 1988. special interests. At a time when our Give them wisdom to make the right In July 1991, Bishop Fernandez began senior population is growing, we can’t decisions that will cause all of us to be to demonstrate his faith in God and a afford to slash funding for nursing progressive and successful. commitment to ‘‘walk by faith’’ in homes and put health insurance com- May each Member of this House re- every area of life when, along with his panies back in control of health care. member the words spoken by Paul: wife, Carol, he founded the Plantation

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5275 Worship Center in the cafeteria of a for 1 minute and to revise and extend some answers. Are you in, Mr. Presi- local elementary school in south Flor- his remarks.) dent? And that’s just the way it is. ida with only 11 members. Now known Mr. MCGOVERN. Madam Speaker, we f as The Faith Center Ministries, the are 1 day closer to a government shut- GOVERNMENT SHUTDOWN church makes its home in the former down, and the Republican leadership Sunrise Theater, where its more than continues their obstinate crusade (Mr. BACA asked and was given per- 8,000 members embrace a mission of against everyday Americans. mission to address the House for 1 ‘‘Reaching the World for Jesus.’’ If their insistence on draconian cuts minute.) Bishop Fernandez is an amazing in- and their blind allegiance to a govern- Mr. BACA. Madam Speaker, we stand spirational speaker, author, commu- ment shutdown weren’t bad enough, today on the verge of a government nity servant, and business person their 2012 budget decimates SNAP and shutdown. Without quick action, we whose work continues to manifest the Medicaid, food and health care assist- will leave our seniors, our veterans, freedom of worship enjoyed across our ance programs for the most vulnerable and vulnerable Americans everywhere Nation. Through his work, he has en- people in America. out in the cold. But instead of working couraged us all to exercise faith and Republicans continue their efforts to on a compromise, I state, Republicans live victoriously. balance the budget on the backs of the have introduced a budget that will dev- He and his wife, Carol, have two sons, poor, and we must not stand for that. astate seniors while protecting tax Seion-Zane and Elijah-Zane. But Americans from all walks of life breaks for the richest. I am truly honored to welcome my are saying enough. Over 23,000 people— Under the Republican budget, seniors friend and inspirational leader, Bishop members of churches, mosques, and in my district would lose their guaran- Henry Fernandez. synagogues; union members and white teed benefit under Medicare and face f collar workers; clergy and lay people— devastating cuts to Medicaid benefits for nursing home care, which now pays ANNOUNCEMENT BY THE SPEAKER are fasting in opposition to the draco- over 48 million elderly and disabled PRO TEMPORE nian Republican budget cuts. Democrats stand with those fasting Americans. The SPEAKER pro tempore (Mrs. in opposition to cuts to programs that Seniors live on a fixed income. I MILLER of Michigan). The Chair will make up the circle of protection, the state, seniors live on a fixed income. entertain up to 15 further requests for programs that protect the hungry and They cannot afford to pay more for 1-minute speeches from each side of the the most vulnerable both here at home health care or see cuts in their Social aisle. and around the world. We can and we Security or have their Medicare f should and we must do better. privatized. We must not cut their bene- PAY OUR TROOPS; DON’T SHUT I urge my Republican colleagues, fits in order to protect and enlarge tax DOWN GOVERNMENT stop your assault on the poor. Stop breaks for the rich and for companies that ship jobs overseas or for the oil in- (Mrs. HARTZLER asked and was your assault against the poor. dustry. given permission to address the House You could read more about their ef- We must control our deficit. It is for 1 minute and to revise and extend forts at www.hungerfast.org. wrong to balance the budget on the her remarks.) f backs of American seniors. This is not Mrs. HARTZLER. Madam Speaker, I 1210 about power; it’s about what’s good for rise today on behalf of men and women b the American people. in uniform who won’t get paid if Sen- LEGAL AUTHORITY FOR WAR IN ator HARRY REID continues to refuse to THE NAME OF HUMANITY? f pass the continuing resolution and (Mr. POE of Texas asked and was SAN RAMON VALLEY HIGH shuts down the government later this given permission to address the House SCHOOL week. They deserve better. for 1 minute.) (Mr. MCNERNEY asked and was We have warriors fighting on our be- Mr. POE of Texas. Madam Speaker, given permission to address the House half in two theatres, bravely standing the United States is engaged in a new for 1 minute.) strong for our ideals of freedom and concept of war. No longer will the Mr. MCNERNEY. Madam Speaker, I liberty. Meanwhile at home, their fam- United States go to war only when it is rise today to ask my colleagues to join ilies are sacrificing too. Spouses are in our national security interest. The me in recognizing the importance of bravely running the household and Obama Doctrine is ‘‘war in the name of improving our Nation’s schools. I re- being both mom and dad to their chil- humanity.’’ cently visited the San Ramon Valley dren. Secretary Gates said military inter- High School and heard from many stu- While they are fighting for us, the vention in Libya is not necessary for dents on this important issue. I told Senate and the President are AWOL, our national interest. So now we drop the students then and there that I doing nothing to make sure our sol- bombs in countries when we self-right- would bring their message back to diers are getting paid, even as the eously decide the ruler is mean to his Washington, D.C., and share it in our President takes us into a third war. In people. Is this a lawful reason, a legal Nation’s Capital. fact, they’re actively promoting a reason for war in Libya? Today’s young people face an increas- shutdown because they believe it will My concern is that the Constitution ingly competitive world, and their edu- benefit them politically. I say, shame on them. does not give the President unilateral cation is the foundation of our coun- The House has proposed a CR which authority to commit our military to try’s economic success. The students at funds the Defense Department for the foreign entanglements in the vague San Ramon Valley High School shared rest of the year, ensuring our men and philosophy of humanity. There has with me the importance of high quality women in uniform and their families been no prior consulting and consent of education and teaching young people receive their well-deserved paychecks Congress. The War Powers Act only not only how to take a test, but also and our country is defended. gives the President authority to enter how to apply their skills in real life sit- We need to pass this bill and move into war without consulting Congress uations. forward and stop playing politics. Our when a national emergency is created The students also asked that when military deserves nothing less. by an attack on the United States, its Congress makes decisions about the f territories or possessions, or its Armed Federal budget, that funding for Forces. schools and education should be a top GOVERNMENT SHUTDOWN There is no such national emergency. priority. After all, investing in the edu- (Mr. MCGOVERN asked and was So what is the legal authority for mili- cation of our young people is an invest- given permission to address the House tary intervention in Libya? We need ment in our future.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5276 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 I urge my colleagues to listen to the PROTECTING COMPENSATION FOR NOTES FROM THE thoughts and ideas of the students at MILITARY FAMILIES ‘‘WARSHINGTON’’ UNDERGROUND San Ramon Valley High School and the (Mr. YODER asked and was given (Mr. KUCINICH asked and was given young people throughout our country. permission to address the House for 1 permission to address the House for 1 f minute.) minute.) Mr. YODER. Madam Speaker, I rise Mr. KUCINICH. Here is a formula for THE REPUBLICAN BUDGET today to express the great concern that the collapse of both our economy and many of us have over the potential im- (Ms. TSONGAS asked and was given our democracy: increase spending for pact a government shutdown will have permission to address the House for 1 the Pentagon by $7 billion and ensure on our men and women serving over- minute.) its budget for the rest of the fiscal seas. Recent Department of Defense Ms. TSONGAS. Madam Speaker, my year. Everything else gets cut $13 bil- memos have stated that in the event of Republican colleagues have put forth lion and gets a budget for just 1 week. a shutdown, our troops will be required spending proposals that they assert Money for war in Iraq, war in Af- to continue to serve our country, but promise savings. But deep cuts to ghanistan, war over Pakistan, war in they and their families will receive no Medicare, Medicaid, and the discre- Libya—so many wars going on at the compensation. tionary budget really just shift those same time you could rename our town Madam Speaker, the House has costs onto seniors and children. I have ‘‘Warshington.’’ Money for bombs; no passed H.R. 1, which would protect heard from hundreds of constituents money for books. Money for missiles; these military families from being left urging opposition because, to quote a no money for new moms. Money for jet in the cold and would keep the govern- constituent from my hometown of fighters; no money for crime fighters. ment operating while making reduc- Lowell, the impact would be ‘‘dev- Money for an empire that is as broad as tions in spending. As we wait for action astating.’’ This dangerous game has al- our fears; no money for an America on that legislation from the Senate, ready cost private sector jobs in my that is as large as our hopes. Just our troops and their families hang in district as contractors wait for Con- money for unnecessary wars. the balance. gress to pass a long-term budget. We cannot allow this Washington We don’t want apocalypse now; we Many in this body have proven will- process to threaten the operational want peace now. We want jobs now. We ing to compromise to solve our debt readiness of our military and dishonor want prosperity now. And we want the crisis. We have already enacted $10 bil- the service of our soldiers. Our men leadership to provide it now. lion in spending cuts as a show of good and women in uniform are bravely put- faith. But House Republicans continue ting themselves in harm’s way in serv- f to insist upon ideological policy ice to our country. We cannot let them changes that even some Senate Repub- down. We owe this to our troops. COMMEMORATING TWO POLISH licans say ‘‘go too far.’’ ANNIVERSARIES It is time for this body to listen to f the American public and reject ideolog- (Mr. SIRES asked and was given per- ical policies that would destroy Medi- mission to address the House for 1 THE REPUBLICAN BUDGET care as we know it, eliminate women’s minute.) health services like breast and cervical (Mr. CARNAHAN asked and was Mr. SIRES. Madam Speaker, today I cancer screenings, and make it easier given permission to address the House rise to stand with the Polish people as for polluters to contaminate our drink- for 1 minute.) they commemorate two horrific events ing water. Mr. CARNAHAN. Madam Speaker, on this Saturday, April 10. both sides here have agreed to serious First, the 71st anniversary of the f budget cuts. The choice is between re- Katyn Forest massacre, and the sec- sponsible cuts and extreme cuts that ond, the first anniversary of the tragic HONORING AND REMEMBERING endanger our fragile recovery, cost airplane crash that killed 96 people, in- CONNECTICUT’S HEROES jobs, and hurt seniors. And because cluding the Polish President and top (Mr. MURPHY of Connecticut asked Democrats are fighting to stop the Re- Polish officials. and was given permission to address publican extreme cuts, Republicans are the House for 1 minute.) threatening to shut the government The Katyn Forest massacre occurred Mr. MURPHY of Connecticut. Madam down. during World War II in April and in Speaker, I rise today to honor and re- Their proposal cuts investments in May of 1940 while Poland was fighting member three brave men from my projects like high-speed rail by $1.5 bil- a war on two fronts. The Soviet secret State who recently lost their lives in lion, which could have a serious impact police brutally killed over 20,000 Poles Afghanistan. PFC David Fahey of on jobs in the St. Louis region I rep- whose bodies were later recovered in a Norwolk was killed by an IED on Feb- resent. And their proposal lacks the mass grave at Katyn. Tragically, last ruary 28. Sergeant 1st Class Daehan common sense and courage to end tax- year, as a delegation of Polish officials Park of Watertown was killed by an payer giveaways to Big Oil, million- were en route to Katyn to commemo- IED on March 12. And Sergeant Frank aires, and companies sending jobs over- rate the massacre, their plane unex- Adamski of Moosup was killed in a seas. But most shockingly, as the Wall pectedly crashed in western Russia, firefight on March 29. March 29 was his Street Journal has noted, the proposed killing all aboard. 26th birthday. budget would drastically cut Medicare It was with great sadness that I These three men and 1,500 others and Medicaid, throwing our seniors heard the news after having had the have made the ultimate sacrifice in the into crisis. The AARP has said the pro- great honor of meeting the Polish battlefields of Afghanistan. And these posal would ‘‘deny vulnerable seniors President Kaczynski in the past. His three losses over 30 days is a big price access to long-term care and force deep devotion to the Polish nation and the to pay for a small State like Con- cuts in quality and safety in nursing people were immeasurable. necticut. These brave soldiers volun- homes, leaving more seniors at risk.’’ Madam Speaker, the Polish people teered to put themselves in harm’s The Republican extreme cuts are not over the past year and through the way, and they die heroes. I join my the solution. I urge my Republican col- course of history have been unwavering friends and neighbors in Connecticut in leagues to get serious. It’s time to roll in their resilience and patriotism in mourning the loss of these three men. our sleeves up and work together to the face of adversity. Their courage is I wish to extend my heartfelt thanks, solve the Nation’s problems, not create admirable and inspiring. On this day, respect, and sympathies to their fami- more problems by shutting the govern- we stand in solidarity as they com- lies during this difficult time. ment down. memorate two occasions of great loss.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5277 b 1220 GOVERNMENT SHUTDOWN take away from those who receive Med- REPUBLICANS SHOULD BE (Ms. JACKSON LEE of Texas asked icaid, those who need the help of gov- ASHAMED and was given permission to address ernment. the House for 1 minute and to revise You know, this is not how a great (Mr. RICHMOND asked and was given Nation should act. This is not what the permission to address the House for 1 and extend her remarks.) Ms. JACKSON LEE of Texas. Madam United States of America stands for. minute and to revise and extend his re- All I can say is we should be ashamed marks.) Speaker, our soldiers on the front lines all over this world understand what a because we are better and we are not Mr. RICHMOND. Madam Speaker, sending the right message. you can tell a lot about a person by fight is about. If you have ever visited how they treat our seniors and how them in Iraq and Afghanistan, they f they treat our children. According to have values. They know about their DEVASTATING ANTI-CHOICE BILL the 2012 budget, House Republicans do grandmothers and grandfathers, and (Mr. QUIGLEY asked and was given not value our seniors nor our children. they know about their families back permission to address the House for 1 They want to privatize Medicare and home with their children. They know minute and to revise and extend his re- undo Medicaid. They will burden al- what they are fighting for. They will marks.) ready cash-strapped States, and place understand that we are here fighting Mr. QUIGLEY. Madam Speaker, I it in the hands of Governors. Under for values. rise today because in a few short days their plan, Governors will decide This government shutdown is not the this body will consider an extreme and whether or not you will receive health blame or the fault of the President of devastating anti-choice bill. H.R. 3 at- care. They are telling 50 million sen- the United States or the Democrats in tempted to redefine rape, aims to ban iors to cough up the money or get off the House or in the Senate. There has private insurance coverage of reproduc- the health care rolls. They are telling been an offer of $73 billion. It is a ques- tive health care, and imposes tax pen- the 1.5 million Medicare and Medicaid tion of whether or not you want to alties on plans that include care. recipients in Louisiana that they are solve this problem on the backs of These unprecedented provisions have on their own. grandmothers and granddads, on the been widely debated, and it is my hope According to the nonpartisan Con- backs of the families of the military that the American people will realize gressional Budget Office, most bene- persons who are on the front lines in the severity of this bill and that their ficiaries would spend more for health Iraq and Afghanistan. Representatives will stop it. But my care under the new proposal and could Do you want to throw college stu- fear is throughout this debate, a dan- get reduced quality care under the GOP dents right out on their rear that are gerous provision of H.R. 3 has been proposal that we are fighting here right in the middle of their school term overlooked, making permanent the today. by canceling their Pell Grants? Do you Medicaid abortion ban, or the Hyde Grandparents and their grand- want to tell mothers taking their chil- amendment. It is dangerous because if children will have less access to doc- dren to the clinic that there is no more the extreme provisions are stripped out tors when they are sick. Through this Medicaid for them? Do you want to as a ‘‘compromise,’’ we are left with a budget, we see the Republican future; turn the lights out and close the door ban that permanently bars poor women and it ain’t a pretty one. To use my and say: America, we don’t have any from accessing care, and we have still grandmother’s words, Madam Speaker: more values. lost. Republicans, you should be ashamed of I do not want to shut this govern- Let’s call the abortion ban what it yourselves for picking on our seniors ment down. You are not going to shut really is: a ban on constitutionally pro- and our children. it down on my watch, if we can work tected health care that poor women f together. I am going to stand and fight cannot afford on their own. I encourage for values, and we’re going to pull to- my colleagues to stand with poor HONORING BOB YOUNG gether. We will stand and we will sur- women struggling to make ends meet (Mr. WELCH asked and was given vive. However, let them shut the gov- around the Nation, in staunch opposi- permission to address the House for 1 ernment down, if the Republicans tion to any Medicaid abortion ban and minute and to revise and extend his re- refuse to compromise. Shut it down. H.R. 3. marks.) Shut it down. But the Democrats are f Mr. WELCH. Madam Speaker, I speak going to stand for the values of pro- today to honor one of Vermont’s out- tecting the most vulnerable in Amer- MISPLACED PRIORITIES IN standing civic and corporate leaders. ica, and we will win. CONTINUING RESOLUTION Bob Young is retiring as president of f (Mr. MORAN asked and was given Central Vermont Public Service Com- permission to address the House for 1 pany, one of Vermont’s largest and REPUBLICANS NOT SENDING THE minute and to revise and extend his re- most respected companies. RIGHT MESSAGE marks.) When Bob Young became president, (Ms. HANABUSA asked and was Mr. MORAN. Madam Speaker, what that utility faced many challenges. He given permission to address the House we’ve elected to do is to balance prior- faced them directly: rising costs, trans- for 1 minute and to revise and extend ities, and the most important are the mission system upgrades, a customer her remarks.) priorities within the budget process. base that wanted reliable power but Ms. HANABUSA. Madam Speaker, The Republican budget proposal in- green power. Bob Young succeeded in there is no question the policy state- troduced today is a collection of mis- making CVPS an award-winning com- ment of any legislative body, including placed priorities because it cuts hun- pany. He focused on customer service ours, is the budget. And what are we dreds of thousands of jobs, it weakens and environmental concern and stew- saying? I can tell you what the Repub- our economy, and it punishes poor peo- ardship, proving that green power licans are saying. The Republicans are ple. That’s not what we are about. could be reliable and affordable. It was saying they haven’t learned what Today, the wealthiest Americans in a team effort. His valued employees, caused the crash in 2008. They haven’t this country have 40 percent of our Na- his diligent board of directors and his learned because they still want to con- tion’s wealth and are making more shareholders, all were part of it. But tinue to give the tax breaks to the than a quarter of our national income. the best part was wife, Vicky, who was super wealthy, and they still refuse to But this budget will cut their top tax not only at his side but oftentimes a address the costs of the wars and what rate by 15 percent. In other words, if step ahead. the defense budget is all about. you’re making a million dollars, you’re You served Vermont well, and on be- Instead, the Republicans want to bal- going to get a tax break of up to half of a grateful Vermont, Bob and ance this budget on the backs of our $150,000. If you’re making a billion dol- Vicky, thank you for your service. kapuna, our elderly. And they want to lars a year, which more than two dozen

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5278 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 of the hedge fund managers in this The question was taken; and the Lankford Pearce Sherman country do make, you will get a $150 Speaker pro tempore announced that Larsen (WA) Pelosi Shimkus Larson (CT) Pence Shuler million tax break per year. That’s not the noes appeared to have it. Latham Perlmutter Shuster what we should be about. Mr. JACKSON of Illinois. Madam Latta Peterson Simpson Let’s look at the misplaced priorities Levin Petri Sires Speaker, on that I demand the yeas Lewis (CA) Pingree (ME) in the continuing resolution in front of Smith (NE) and nays. Lewis (GA) Pitts Smith (NJ) us. The amount saved by cutting edu- The yeas and nays were ordered. Lipinski Platts Smith (TX) cation, health care, environmental reg- The vote was taken by electronic de- LoBiondo Poe (TX) Smith (WA) Loebsack Polis Southerland ulation, child care, cancer, and Alz- vice, and there were—yeas 36, nays 367, Lofgren, Zoe Pompeo heimer’s research and all of the other Speier not voting 29, as follows: Lucas Price (GA) Stark cuts in domestic, nondefense, discre- Luetkemeyer Price (NC) Stearns [Roll No. 229] ´ tionary spending, is equal to the cost Lujan Quayle Stivers Lummis Rahall of continuing the Bush tax cuts to the YEAS—36 Stutzman Lungren, Daniel Rangel Sullivan Ackerman Frank (MA) Nadler E. Reed wealthiest Americans. Those are not Sutton Capps Fudge Napolitano Lynch Rehberg the priorities of America; that Terry Capuano Hastings (FL) Neal Mack Reichert Thompson (CA) shouldn’t be the priority of this Con- Carson (IN) Hinojosa Pastor (AZ) Manzullo Renacci Thompson (MS) gress. We can do better. We must do Clarke (NY) Jackson (IL) Peters Marchant Reyes Thompson (PA) Clay Johnson (GA) Quigley Marino Ribble better. Thornberry Conyers Lee (CA) Sa´ nchez, Linda Matheson Richardson Tiberi f Cooper Lowey McCarthy (CA) Richmond T. Tierney Crowley Maloney McCarthy (NY) Rigell NO GOVERNMENT SHUTDOWN Schrader Tipton Cummings Markey McClintock Rivera Towns Tonko (Mr. JACKSON of Illinois asked and Doggett McGovern McCollum Roby Vela´ zquez Tsongas was given permission to address the Ellison Miller (NC) McCotter Roe (TN) Filner Moran McDermott Rogers (AL) Turner House for 1 minute and to revise and McHenry Rogers (KY) Upton extend his remarks.) NAYS—367 McIntyre Rogers (MI) Van Hollen Adams Clarke (MI) Gosar McKeon Rokita Visclosky Mr. JACKSON of Illinois. Madam Walberg Speaker, yesterday my Republican col- Aderholt Cleaver Gowdy McKinley Rooney Akin Clyburn Graves (GA) McMorris Ros-Lehtinen Walden leagues introduced a continuing resolu- Alexander Coble Graves (MO) Rodgers Roskam Walsh (IL) tion that would increase the defense Altmire Coffman (CO) Green, Al McNerney Ross (AR) Walz (MN) budget for the entire year while fund- Amash Cohen Green, Gene Meehan Ross (FL) Wasserman Austria Cole Griffin (AR) Mica Rothman (NJ) Schultz ing the rest of the government for just Baca Conaway Griffith (VA) Michaud Royce Waters 1 week and drastically cutting just Bachmann Connolly (VA) Grimm Miller (FL) Runyan Watt about every other vital program. Bachus Costa Guinta Miller (MI) Ruppersberger Waxman Webster That’s no compromise. Baldwin Costello Guthrie Miller, Gary Rush Barletta Courtney Gutierrez Miller, George Ryan (OH) Weiner For months the Republicans have Barrow Cravaack Hall Moore Ryan (WI) Welch said that as we reduce spending every- Bartlett Crawford Hanabusa Mulvaney Sarbanes West one has to take a haircut, including Barton (TX) Crenshaw Hanna Murphy (CT) Scalise Westmoreland Bass (CA) Critz Harper Myrick Schiff Whitfield the Defense Department. But now the Bass (NH) Cuellar Harris Neugebauer Schilling Wilson (FL) Republicans propose increasing mili- Becerra Culberson Hartzler Noem Schmidt Wilson (SC) tary spending. The Republicans claim Benishek Davis (CA) Hastings (WA) Nugent Schock Wittman they want to fund the government for Berg Davis (IL) Hayworth Nunnelee Schwartz Wolf Berkley Davis (KY) Heck Olson Schweikert Womack the rest of the year. But this bill is for Berman DeFazio Heinrich Owens Scott (SC) Woodall 1 week with drastic cuts to programs Biggert DeGette Heller Palazzo Scott (VA) Woolsey that serve our most vulnerable. Bilbray DeLauro Hensarling Pallone Scott, Austin Wu Bilirakis Denham Herger Pascrell Scott, David Yarmuth Madam Speaker, if you say one thing Bishop (GA) Dent Herrera Beutler Paul Serrano Yoder and then you do another, that is not Bishop (NY) DesJarlais Higgins Paulsen Sessions Young (AK) negotiating in good faith. That’s not a Bishop (UT) Deutch Himes Payne Sewell Young (IN) real compromise. Black Diaz-Balart Hirono Blackburn Dicks Holden NOT VOTING—29 In fact, The Washington Post re- Blumenauer Dold Holt Andrews Jordan Olver ported that in the Republican caucus Bonner Donnelly (IN) Honda Boswell King (IA) Posey this week, the possibility of the gov- Bono Mack Dreier Hoyer Dingell Langevin Rohrabacher ernment shutdown was greeted with Boren Duffy Huelskamp Doyle LaTourette Roybal-Allard Boustany Duncan (SC) Huizenga (MI) Emerson Long cheers and with applause. They want a Sanchez, Loretta Brady (PA) Duncan (TN) Hultgren Frelinghuysen Matsui Schakowsky Brady (TX) Edwards Hunter shutdown. Giffords McCaul Sensenbrenner Braley (IA) Ellmers Hurt Over 13 million Americans are unem- Granger Meeks Slaughter Brooks Engel Inslee Grijalva Murphy (PA) Young (FL) ployed. They don’t have time for this, Broun (GA) Eshoo Israel Hinchey Nunes and they don’t have any more time to Brown (FL) Farenthold Issa waste; and we shouldn’t be wasting the Buchanan Farr Jackson Lee Bucshon Fattah (TX) b 1254 time and the resources that they gave Buerkle Fincher Jenkins us. So if the Republicans won’t com- Burgess Fitzpatrick Johnson (IL) Messrs. GEORGE MILLER of Cali- promise at the negotiating table, Burton (IN) Flake Johnson (OH) fornia and CRITZ, Mrs. DAVIS of Cali- maybe we should get everyone down Butterfield Fleischmann Johnson, E. B. fornia, Messrs. JOHNSON of Illinois, Calvert Fleming Johnson, Sam here to the floor to discuss this, to dis- Camp Flores Jones HUIZENGA of Michigan, HUNTER, and cuss the condition of the unemployed Campbell Forbes Kaptur HOYER, Ms. BASS of California, and to discuss why a government of, Canseco Fortenberry Keating Messrs. LARSON of Connecticut, Cantor Foxx Kelly FLEMING, and SARBANES changed for, and by the people should remain Capito Franks (AZ) Kildee open. Cardoza Gallegly Kind their vote from ‘‘yea’’ to ‘‘nay.’’ f Carnahan Garamendi King (NY) Mr. HINOJOSA, Mrs. CAPPS, and Ms. Carney Gardner Kingston VELA´ ZQUEZ changed their vote from MOTION TO ADJOURN Carter Garrett Kinzinger (IL) Cassidy Gerlach Kissell ‘‘nay’’ to ‘‘yea.’’ Mr. JACKSON of Illinois. Madam Castor (FL) Gibbs Kline So the motion to adjourn was re- Speaker, I move that the House do now Chabot Gibson Kucinich jected. adjourn. Chaffetz Gingrey (GA) Labrador The result of the vote was announced Chandler Gohmert Lamborn The SPEAKER pro tempore. The Chu Gonzalez Lance as above recorded. question is on the motion to adjourn. Cicilline Goodlatte Landry Stated against:

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5279 Mr. LONG. Madam Speaker, on rollcall No. Mr. SESSIONS. Madam Speaker, for about whether and how to regulate 229, had I been present, I would have voted the purpose of debate only, I yield the greenhouse gases should be made by ‘‘nay.’’ customary 30 minutes to the gen- Congress and only by Congress, not the Mr. JORDAN. Madam Speaker, I was ab- tleman, my friend from Colorado (Mr. regulatory body of a President who sent from the House Floor during rollcall 229 POLIS), pending which I yield myself wishes to place his overriding answers earlier today. Had I been present, I would such time as I may consume. During on unelected bureaucrats to fulfill this have voted ‘‘nay.’’ consideration of this resolution, all role. f time yielded is for the purpose of de- b 1300 bate only. PROVIDING FOR CONSIDERATION The EPA has been aggressively pur- GENERAL LEAVE OF H.R. 910, ENERGY TAX PRE- suing a national cap-and-tax energy VENTION ACT OF 2011 Mr. SESSIONS. Madam Speaker, I ask unanimous consent that all Mem- agenda through regulation and legisla- Mr. SESSIONS. Madam Speaker, by bers have 5 legislative days to revise tion for years. direction of the Committee on Rules, I and extend their remarks. After cap-and-trade failed in Con- call up House Resolution 203 and ask The SPEAKER pro tempore. Is there gress last year, the EPA accelerated its for its immediate consideration. objection to the request of the gen- efforts to regulate this controversial The Clerk read the resolution, as fol- policy through a series of new rules on lows: tleman from Texas? There was no objection. hundreds of thousands of buildings all H. RES. 203 Mr. SESSIONS. Madam Speaker, across the United States. In other Resolved, That at any time after the adop- House Resolution 203 provides for a words, because the President couldn’t tion of this resolution the Speaker may, pur- structured rule designated by the Rules get his political agenda through Con- suant to clause 2(b) of rule XVIII, declare the gress, he’s taking his political agenda House resolved into the Committee of the Committee for consideration of H.R. Whole House on the state of the Union for 910. This rule allows for 12 amend- in the administration to overlay the consideration of the bill (H.R. 910) to amend ments—that is, 12 amendments, Madam American people. the Clean Air Act to prohibit the Adminis- Speaker—submitted to the Rules Com- We disagree with that, and that is trator of the Environmental Protection mittee to be made in order. why we are on the floor of the House of Agency from promulgating any regulation Madam Speaker, I rise today in sup- Representatives today. concerning, taking action relating to, or port of this rule and the underlying Regulating greenhouse gas emis- taking into consideration the emission of a bill, including the open process that is sions—primarily the carbon dioxide greenhouse gas to address climate change, emissions that come from coal, oil, and and for other purposes. The first reading of taking place, not just in the Rules the bill shall be dispensed with. All points of Committee, but also on the floor, natural gas—will increase the cost of order against consideration of the bill are where Members will be allowed to come everything from gasoline to household waived. General debate shall be confined to and debate these 12 amendments, as op- utilities and, of course, groceries. the bill and shall not exceed one hour equal- posed to a closed rule with no amend- Additionally, regulating and taxing ly divided and controlled by the chair and ments. emissions will ship American jobs over- ranking minority member of the Committee This legislation, introduced by the seas to countries that understand and on Energy and Commerce. After general de- recognize stable, affordable and energy bate the bill shall be considered for amend- chairman of the Energy and Commerce ment under the five-minute rule. It shall be Committee, the gentleman from Michi- policies that are vital for their eco- in order to consider as an original bill for the gan (Mr. UPTON), has gone through reg- nomic growth. purpose of amendment under the five-minute ular order. There were hearings held on According to a letter from the Cham- rule the amendment in the nature of a sub- this issue. H.R. 910 was marked up in ber of Commerce on March 9 of last stitute recommended by the Committee on the Energy and Commerce Committee, year to the Energy and Commerce Energy and Commerce now printed in the and the chairman of the Rules Com- Committee: ‘‘These regulations will bill. The committee amendment in the na- impose significant burden across the ture of a substitute shall be considered as mittee, the gentleman, Mr. DREIER, read. All points of order against the com- provided for a structured amendment United States economy, including sec- mittee amendment in the nature of a sub- process for 12 additional Democrat tors that will create jobs and lead us in stitute are waived. No amendment to the amendments to be considered. our economic recovery.’’ committee amendment in the nature of a The bill we are discussing today, the Additionally, the letter references substitute shall be in order except those Energy Tax Prevention Act, would stop that the American Council for Capital printed in the report of the Committee on the Environmental Protection Agen- Formation has ‘‘estimated that EPA’s Rules accompanying this resolution. Each greenhouse gas regulations could re- such amendment may be offered only in the cy—also known as EPA—from impos- order printed in the report, may be offered ing a national energy tax in the form duce business investment between $97 only by a Member designated in the report, of carbon emission regulations. billion and $290 billion in 2011 and as shall be considered as read, shall be debat- Today, I will explain what the under- much as $309 billion in 2014,’’ a tremen- able for the time specified in the report lying bill does, and I will discuss the dous hit on the economy when it comes equally divided and controlled by the pro- EPA’s agenda, what this agenda would from the President of the United ponent and an opponent, shall not be subject do to the Nation’s job market and States, Barack Obama, and his admin- to amendment, and shall not be subject to a economy, the need for a stronger en- istration. This is not a way for Amer- demand for division of the question in the ica or our future to be successful. House or in the Committee of the Whole. All ergy policy from not just our Presi- points of order against such amendments are dent, but also from the administration The American Coalition for Clean waived. At the conclusion of consideration of and also, as the guidepost that begins Coal Electricity also references the the bill for amendment the Committee shall with this legislation today, from the American Council for Capital Forma- rise and report the bill to the House with United States Congress on behalf of the tion in a press release just last month such amendments as may have been adopted. American people. that estimates that a greenhouse gas Any Member may demand a separate vote in H.R. 910 prohibits the EPA from regu- tax ‘‘could result in the loss of between the House on any amendment adopted in the lating greenhouse gases under the 476,000 to 1.4 million jobs.’’ Committee of the Whole to the bill or to the Republicans are committed to put- committee amendment in the nature of a Clean Air Act and repeals the steps the substitute. The previous question shall be agency has already taken to begin this ting Americans back to work, and our considered as ordered on the bill and amend- process. In this bill, we only focus on Democratic colleagues continue to pur- ments thereto to final passage without inter- greenhouse gases and we leave EPA’s sue a reckless agenda that puts more vening motion except one motion to recom- authority to monitor and regulate pol- Americans out of work, drives business mit with or without instructions. lutants intact. overseas—all the while limiting U.S. The SPEAKER pro tempore. The gen- In short, the underlying bill clarifies energy production and use. tleman from Texas is recognized for 1 that the Clean Air Act is not a vehicle So, Madam Speaker, today the Re- hour. for regulatory taxing. The decision publican Party is on the floor of the

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5280 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 House of Representatives with good laws of science itself, the definition of diction in tax matters, namely, the news not just for the taxpayers but for taxes, and the laws of economics. Ways and Means Committee. It’s a the American people, in particular, not Despite indisputable scientific evi- completely inappropriate and mis- just consumers, but those who have dence, the Republicans are seeking to leading way to convey what this bill lost their job or who are under- bar the Environmental Protection does. employed. We believe that what we’re Agency from protecting Americans’ Madam Speaker, America’s science doing today is a jobs-saver bill. health and safety from what the sci- and environmental policy should be The House Natural Resources Com- entific consensus agrees is the worst driven by science and science alone. mittee reported last month that the environmental threat in the world’s The EPA should be allowed to move Obama administration policies have history: global climate change. forward. And I urge my colleagues to caused domestic oil production to drop It’s akin to telling Homeland Secu- reject the rule and the underlying bill. by 16 percent versus projected levels rity to stop protecting the homeland. I reserve the balance of my time. and future projections show continued It denies scientific proof and logic. Mr. SESSIONS. Madam Speaker, I decreases in domestic production and Even the Supreme Court stated that would like to yield 3 minutes to the more foreign imports to make up for the EPA has a responsibility to act to distinguished gentleman from Beau- this difference. keep the public safe. We’re witnessing mont, Texas, Judge POE. A recent Rasmussen poll from March nothing less today than a full assault b 1310 3, 2011, shows that three-quarters of on four decades of progress in pro- Mr. POE of Texas. I thank the gen- Americans believe this country does tecting Americans from environmental tleman for yielding. not do enough to develop its own oil dangers. Madam Speaker, the EPA is on a and gas resources. Madam Speaker, for nearly 40 years mission to destroy American industry. So whether through greenhouse gas the EPA and the Clean Air Act have Their damaging plan to regulate the regulation permit delays or permitting protected the health of Americans from so-called carbon emissions will cost moratoriums, which the President dangers both seen and unseen. Over the every household in America at least stands behind in his administration, last 20 years, the Clean Air Act pre- $1,600 per year. These unnecessary reg- this administration should change vented an estimated 843,000 asthma at- ulations will strangle the economy by their policies and their direction. tacks, 18 million cases of respiratory driving up the cost of energy. Gasoline We must find new sources of energy illness among children, 672,000 cases of is $4 a gallon, will soon be $5 a gallon. and not tax those that exist for the chronic bronchitis, 21,000 cases of heart It will put more Americans out of freedom of this country. disease, and 200,000 premature deaths— work, especially in the energy indus- So while energy prices soar and con- not only saving people from the human try. tinue to soar and projections estimate toll of dealing with illness among Congress must take immediate ac- a $5-a-gallon gasoline by summertime, themselves and their family, but sav- tion to stop the EPA and its out-of- this administration wants to inflict ing the economic costs to society and control concepts from ruining Amer- more costs on consumers. individuals from all of these condi- ican industry. Earlier this year, I in- The bill today would help to ease the tions. troduced similar legislation to what we cost of energy prices. It would assist in Yet my colleagues on the other side are considering today. I introduced it the global competitiveness of America. of the aisle want to ignore this during the first CR. It passed this It would help ensure that this Nation progress and prevent the EPA by House with bipartisan support. And does not lose millions of more jobs and handcuffing it and preventing it from what it would do is similar to what does not threaten the intent of the protecting us in the future. this legislation is going to do: that Clean Air Act. Repealing the EPA’s authority to would be to prevent the EPA’s attempt No, Madam Speaker, the Republican limit pollution would have devastating to regulate so-called greenhouse gases. Party is here because this is yet an- consequences. It would increase the I support this rule and the under- other opportunity at a jobs bill that is number of children and adults who suf- lying legislation. pro-consumer and pro the American fer from asthma. It would increase the Madam Speaker, in my opinion, when people who want and need to be able to number of individuals with emphy- regulators, especially those at the help in a desperate time when we’re sema, lung cancer, bronchitis, and EPA, go to work every day, they go losing our jobs and things are tough many other respiratory diseases driv- down the street here to one of these back home to do something positive on ing up health care costs for all Ameri- marble palaces, they get in a big room behalf of the American public. cans significantly. with a big oak table, they drink their This is a bipartisan bill that provides For this reason, 280 groups—includ- lattes, and they sit around and say, good policy for our Nation, and we’re ing the American Heart Association, ‘‘Who can we regulate today?’’ because asking every single Member of Con- the American Public Health Associa- that’s what regulators do. Regulators gress to understand clearly and see this tion and many others—sent a letter to regulate. And they figure out new ways for what it is. It is a jobs-protection Congress urging us to reject measures to regulate the entire United States, bill. that would block or delay the U.S. En- all on the so-called premise of pro- Madam Speaker, I encourage my col- vironmental Protection Agency from tecting us from ourselves. leagues to vote ‘‘yes’’ on the rule and doing its job to protect all Americans In my opinion, it has nothing really the underlying bill. from life-threatening air pollution. to do about protection, but it has to do I reserve the balance of my time. Madam Speaker, my friend from about power. EPA has a power agenda Mr. POLIS. Madam Speaker, I thank Texas mentioned the word ‘‘tax’’ six and they have a political agenda, and my friend from Texas for yielding me times in his remarks, to my count. It’s they are trying to claim it is an agenda the customary 30 minutes, and I yield possible I missed a couple of instances to protect all of us from ourselves. The myself such time as I may consume. of that word as well. And yet yesterday EPA’s regulation of greenhouse gases, Madam Speaker, it has been a re- in committee, both Chairman UPTON in my opinion, lacks proven scientific markable April in the House of Rep- and Ranking Member WAXMAN agreed basis. And the EPA is out of control. resentatives. Last week, the majority that the EPA does not have the statu- You know, the EPA overregulates, rewrote the Constitution with a bill tory authority to confer any taxes and it’s driving energy businesses out stating that one House of Congress can whatsoever. of this country. It’s hammering the deem a law made all by itself regard- Therefore, the name of this bill, the American energy industry, and I doubt less of what the Senate or the Presi- Energy Tax Prevention Act, is a com- whether or not it is doing so with sci- dent of the United States might think. plete misnomer. This bill has not even entific basis. And if that wasn’t enough, today the originated in or been passed out of the The United States is in an energy cri- majority is proposing to rewrite the committee in Congress that has juris- sis. It’s a national security issue. And

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5281 what is the administration’s energy Mr. BLUMENAUER. Reclaiming my the EPA Administrator, we do not think it plan? Let’s not drill here. Let’s not time, I would just note that the com- likely that H.R. 910 will have an effect on drill there. We can’t drill in ANWR. We mittee did deal with germaneness in Federal fiscal year budget receipts. I hope that this information is helpful to can’t drill in any new lands in the terms of allowing things to go through you. If we can be of further assistance in this United States. We are certainly not from the Energy and Commerce Com- matter, please let me know. going to promote permitting in the mittee. It’s unfortunate that you Sincerely, Gulf of Mexico at a rapid pace so that would not allow an amendment to at THOMAS A. BARTHOLD, we can drill there. But our energy plan, least have an accurate title before the Chief of Staff. sayeth the administration, is to send Chamber for its debate. Mr. SESSIONS. Madam Speaker, I money down to Brazil and let the Bra- It’s clear that H.R. 910 has nothing do yield 3 minutes to one of our brand-new zilians drill off of their coast so we can with energy taxes. The bill is designed freshmen, a gentleman who is not only buy their crude oil. Now, that doesn’t to confuse Members of Congress and on what is called an A committee but make any sense to me. mislead the public. As a member of the an exclusive committee of the United It’s time for us to drill in the United Ways and Means Committee, I would States Congress, who has had a distin- States safely. It’s time for America to strongly object to EPA imposing a tax guished career as a sheriff in Florida take care of America. on energy. But we all know that the and who is a distinguished member of And that’s just the way it is. EPA has no intention of imposing a tax the Rules Committee, the gentleman Mr. POLIS. Madam Speaker, it is my on energy. Instead, this bill will over- from Florida (Mr. NUGENT). honor to yield 2 minutes to the gen- rule the scientific consensus on cli- Mr. NUGENT. I thank the gentleman tleman from Oregon (Mr. BLU- mate change, ignore a Supreme Court from Dallas, Mr. SESSIONS. MENAUER). decision. Madam Speaker, today I rise in sup- PARLIAMENTARY INQUIRIES The SPEAKER pro tempore. The port of House Resolution 203 and the Mr. BLUMENAUER. Madam Speaker, time of the gentleman has expired. underlying legislation, H.R. 910. When I talk to people in Florida’s I have a parliamentary inquiry. Mr. POLIS. I yield the gentleman an The SPEAKER pro tempore. The gen- additional 30 seconds. Fifth District about what we are doing here in the House of Representatives to tleman will state his inquiry. Mr. BLUMENAUER. It would ignore Mr. BLUMENAUER. Madam Speaker, a Supreme Court decision and endanger cut spending, reduce the size and scope when making decisions on a bill refer- the future of the planet. of the Federal Government, I always stress that we are just one part of the ral, is the bill title a consideration? I would strongly urge a ‘‘no’’ vote on The SPEAKER pro tempore. The the rule and the underlying bill. process. The House can only do so Chair will not render an advisory opin- I would add, Madam Speaker, that a much. We still need the Senate and the President to sign off on any legislation ion on that at this time. statement from the Joint Committee Mr. BLUMENAUER. Further par- on Taxation indicates that this bill has we pass before it becomes law. This is liamentary inquiry, Madam Speaker. nothing to do with taxation. one of the most basic building blocks of our government and one we’re re- The SPEAKER pro tempore. The gen- CONGRESS OF THE UNITED STATES, minded of as we continue to wait on tleman will state it. JOINT COMMITTEE ON TAXATION, Mr. BLUMENAUER. Is it true that Washington, DC. the Senate to pass a budget for this fis- anyone can put the word ‘‘tax’’ in the Hon. EARL BLUMENAUER, cal year and to prevent a government title of a bill even though it has noth- House of Representatives, Rayburn House Office shutdown. Building, Washington, DC. But the Obama administration has ing to do with taxes? DEAR MR. BLUMENAUER: This letter is in re- decided to bypass Congress on the issue The SPEAKER pro tempore. The gen- sponse to your request dated April 5, 2011, for of greenhouse gas. Can’t pass cap-and- tleman’s point has not been stated as a an estimate of H.R. 910, the ‘‘Energy Tax tax? Push the greenhouse agenda on parliamentary inquiry. Prevention Act of 2011.’’ That bill limits the the American people another way. So Mr. BLUMENAUER. Madam Speaker, ability of the Administrator of the Environ- now unelected bureaucrats in the EPA let me turn, if I could, to my good mental Protection Agency to use authority are trying to regulate greenhouse friend on the Rules Committee for pur- granted under the Clean Air Act to promul- gases. poses of yielding to a question, if he gate regulations or take other actions relat- ing to the emission of greenhouse gases to Among the gases the EPA is trying would. address climate change. to regulate is methane. According to I was just curious. I had an amend- While the bill does not reference anything EPA, 28 percent of the global methane ment before the Rules Committee. I no- in the Internal Revenue Code, there are at emissions they classify as coming from ticed you waived germaneness on other least half a dozen places in the Internal Rev- human-related activities actually come questions. I had an amendment sub- enue Code (the ‘‘Code’’) that cross reference from livestock. I don’t think it’s a co- mitted that would simply ensure that the Environmental Protection Agency and the Clean Air Act. For example, Code section incidence that the EPA’s move to regu- the bill accurately accomplished what late methane, including cow flatulence, its title described. My amendment 40(b)(6)(E) defines cellulosic biofuel in part as a liquid that meets the registration re- comes on the heels of a report from the would have struck everything in the quirements for fuels and fuel additives estab- United Nations Food and Agriculture bill except the title, Energy Tax Pre- lished by the Environmental Protection Organization that states: ‘‘Livestock vention Act, and replaced it with lan- Agency under section 211 of the Clean Air are one of the most significant contrib- guage that actually prevented the EPA Act. utors to today’s most serious environ- from imposing an energy tax. There are also additional instances in the mental problems. Urgent action is re- Do you have any guidance as to why Code that do not reference the Clean Air Act but do require consultation with the EPA quired to remedy the situation.’’ this amendment was not in order? Now, I am pretty sure if you asked I yield to the gentleman from Texas. Administrator. For example, section 45Q, which provides a credit for carbon dioxide the ranchers of Florida’s Fifth District, Mr. SESSIONS. I appreciate the gen- permanently sequestered in secure geologi- as much as they would like to regulate tleman engaging me in a colloquy, and cal storage provides that ‘‘the Secretary, in cows from passing gas for plenty of rea- I will just give him a straight answer. consultation with the Administrator of the sons, some smellier than others, we We did not offer any waivers. All 12 Environmental Protection Agency, the Sec- just don’t have that capacity. Never- amendments offered by Democrats retary of Energy, and the Secretary of the theless, EPA wants to follow the U.N.’s were germane. This, and perhaps others Interior, shall establish regulations for de- lead and regulate methane. And the that were submitted to the Rules Com- termining adequate security measures for cost of that will inevitably fall upon mittee, were not germane to the House the geological storage of carbon dioxide . . . such that the carbon dioxide does not escape the backs of America’s families. rules, so we did not offer any waiver. into the atmosphere.’’ Madam Speaker, H.R. 910 is a good But the others that we did, the 12, were Notwithstanding these and similar Code and important bill. all germane and did not have to have a provisions that cross reference certain Clean The SPEAKER pro tempore. The waiver. Air Act rules or require consultation with time of the gentleman has expired.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5282 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 Mr. SESSIONS. I yield the gentleman round, as the folks who attacked and out through the respiratory proc- 1 additional minute. Galileo when he said the Earth re- ess, CO2. So under the dictates of to- Mr. NUGENT. Similarly, the rule volved around the sun, the authors, in day’s EPA, I am a mobile source pol- provided by H. Res. 203 gives us time support of this legislation, deny the luter, because I am breathing. I am cre- for a full, comprehensive debate on the proven fact of global warming and ating CO2. issue, and I encourage my colleagues to wave it away by abolishing the Clean CO2, carbon dioxide, is necessary for support them both. Air Act. This is the wrong step to be life. Greenhouse gases are necessary to taking. b 1320 protect the environment. They have Mr. SESSIONS. Madam Speaker, the ability to prevent heat from escap- Mr. POLIS. I yield myself 1 minute there was a dialogue back and forth ing into outer space, and that is what to respond. about cows, cattle, and that the EPA creates the temperature zone that al- I know the gentleman from Florida really is not after that issue. But if you lows life to exist. mentioned the cow flatulence in our go to the EPA Web site, epa.gov, and The radical environmentalists who committee meeting last night, and it you look under the portion called ‘‘Fre- think CO2 is a pollutant have decided sounded like a topic that bore looking quent Questions’’ where it deals with amongst themselves—I don’t know how into. I did have a chance to look it up livestock, in fact, the EPA is trying to they have done it—but they have de- in the interim, and Fox News had re- talk about methane produced by live- cided that the magic number for CO2 in ported the prospect of EPA regulating stock. And it ends up saying, as I read the atmosphere should be about 350 cow and livestock gas. from my BlackBerry, that essentially parts per billion. We are currently at However, it never existed. 20 percent of all the methane content about 380 parts per billion. FactCheck.org, which I looked it up on, in the air comes from livestock. We know from records and from ice dispelled the myth and EPA itself actu- Well, that’s what they want to regu- samples and tree rings and things like ally came out with a statement that late, which means they would get in this of the past that we have had CO2 said not only is there no such regula- the business whether we said this or up in the thousands parts per billion in tion that it discussed or was in the not. the past. So how 350 has become the works, but even EPA admitted it’s not Mr. POLIS. Will the gentleman magic number is beyond me. under their authority to regulate that yield? In any event, let me simply say, the Mr. SESSIONS. The gentleman will in any way, shape or form. bill before us doesn’t change one sen- have his own time in a minute, and I’m So it is a false accusation with re- tence in the Clean Air Act. It does say gard to the issue regarding livestock. sure he will be very effective. But I encourage the gentleman to get that the endangerment finding was Madam Speaker, it’s my honor to flawed, and the decision by the Obama yield 2 minutes to the gentleman from on his BlackBerry and go to the Web site and look this up. They’re going to administration to regulate CO2 under Vermont (Mr. WELCH), a former mem- the Clean Air Act is wrong, and it ber of the Rules Committee and a blame it on cattle. They’re going to tax cattle. They’re going to tax the output should not be allowed to stand. former member of the Energy and Com- If this Congress or future Congresses merce Committee. He has racked up because that’s what they are pro- want to regulate CO2, want to regulate quite a few former memberships. posing. Madam Speaker, at this time I would greenhouse gases, let them bring a bill Mr. WELCH. I thank the gentleman. like to yield 3 minutes to the distin- forward through the normal regulatory Madam Speaker, today’s legislation guished gentleman from Ennis, Texas process and do it. is essentially about the very simple (Mr. BARTON). Please vote for the rule. Please vote sounding act of abolishing the Clean Mr. BARTON of Texas. Madam for the bill. Air Act. Speaker, I rise in strong support of this Mr. POLIS. I yield myself 1 minute. Why? How is it that we are going to rule and in strong support of the under- Madam Speaker, it’s hard to figure do this? The authors in support of this lying bill. out where to start with regard to refut- legislation have come to the legislative I have been a member of the Energy ing some of the statements that were conclusion that global warming is a and Commerce Committee for 26, now made. hoax. Give him credit. Coming to that 27 years. I’m a past chairman. I’m a First of all, again, with regard to the conclusion was a big lift. It flies in the past subcommittee chairman. I cur- information regarding methane emis- face of the unanimous conclusion of rently have the title of chairman emer- sions on the EPA Web site, there is a American scientists, 97 percent, that itus. difference between a statement of fact global warming is real and it’s man- I participated under former Chair- and an action, and part of what the made. man JOHN DINGELL, former Chairman EPA does is it provides good scientific And, you know, when you are going Billy Tauzin, former Chairman Tom facts. to get to that conclusion, you have to Bliley, former Chairman HENRY WAX- They, EPA itself, concedes and says follow a long-established tradition we MAN and now current Chairman FRED they don’t have the authority, nor humans have, and that’s the ability to UPTON, dozens of hearings on the Clean should they have the authority, to disregard the obvious and the proven Air Act, markups, amendments, dozens monitor emissions from livestock. So when that conflicts with what our ide- of hearings on climate change, global they will publish good information. I ology says we want. warming and all of those issues. don’t refute the information the gen- You know, Aristotle was the EPA of The bill before us, if the rule passes, tleman said, and I hope they publish his day. He was attacked when he said does not change the Clean Air Act. It more useful information about the im- that the Earth was round. The world at does not gut the Clean Air Act. It does pact of livestock, but they are not that time thought the world was flat, not in any way prevent enforcement of seeking to regulate it. and people argued with Aristotle and the criteria pollutants that are regu- The gentleman said they are going to about Aristotle for 1,500 years. lated by the Clean Air Act. It simply tax cattle. Again, very clearly, Chair- Galileo became the EPA of his day says that greenhouse gases are not to man UPTON, Ranking Member WAXMAN, when he said that the Earth revolved be regulated under the Clean Air Act. said the EPA does not have the ability around the sun. He too was attacked And the reason it says that is that to impose a tax. for centuries for being ‘‘wrong.’’ greenhouse gases are different than the I would ask my colleague from Texas Today we have unanimous, near criteria pollutants that are regulated a simple ‘‘yes’’ or ‘‘no’’ question: Does unanimous, scientific conclusion that under the Clean Air Act. First of all, the EPA have the ability to impose a global warming exists, it’s a threat to greenhouse gases by definition are nec- tax? our planet, it’s a threat to our health essary for life. Mr. BARTON of Texas. Will the gen- and, yet, as the folks who attacked Ar- As I stand here, Madam Speaker, and tleman yield? istotle when he said the Earth was speak, I am creating, as I breathe in Mr. POLIS. I yield to the gentleman.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5283 Mr. BARTON of Texas. A tax is a bur- Mr. POLIS. Madam Speaker, I yield 3 about asking hedge fund managers to den. minutes to the gentleman from Massa- pay a fair tax rate? Mr. POLIS. Reclaiming my time, it’s chusetts, a colleague on the Rules The Republican leadership has made a simple ‘‘yes’’ or ‘‘no’’ question. If Committee, Mr. MCGOVERN. it clear that they are willing to shut there is an additional statement the Mr. MCGOVERN. Madam Speaker, I the government down in order to gentleman would like to make, I would rise in strong opposition to this rule achieve their right-wing, radical agen- be happy to have him explain it on his and to the underlying legislation which da. And if that happens, Madam Speak- own time. My time is limited and I is an assault on science and reason. In- er—and I hope it doesn’t, and I pray it have many speakers. deed, it is an assault on the very air we doesn’t—the American people need to But I would be happy to enter into a breathe. My Republican friends con- know that the responsibility lies at the dialogue with him on his time or allow tinue to bury their heads in the sand. feet of the Republican Members of this him to respond to whether or not the Last night in the Rules Committee, House. EPA has the ability to impose a tax. along with my colleagues EARL BLU- Again, I urge my colleagues to reject I yield 2 minutes to the gentleman MENAUER and PETER WELCH, I offered this—again, another restrictive rule— from Illinois (Mr. QUIGLEY). an amendment to end taxpayer sub- and reject the underlying legislation. Mr. QUIGLEY. Madam Speaker, we sidies to Big Oil, something the Repub- Mr. SESSIONS. Madam Speaker, my, spend a lot of time these days talking lican leadership has refused to do. oh my, we’ve heard this tirade before. about costs—costs of regulation, costs These subsidies have helped BP, Chev- If it wasn’t just Republicans and the of repeal, costs of implementation. ron, ConocoPhillips, ExxonMobil, and House, which we’ve had now for about Conveniently missing from this dis- Shell make a combined profit of nearly 4 months, it was something else. The cussion are the human costs: lives lost, $1 trillion over the past decade. That is Democrats are looking for somebody to those altered by heart attacks, asthma, trillion with a ‘‘t.’’ Give me a break. blame their woes on, their tax in- and brain damage due to fine particu- Our amendment would have raised creases, their overregulation, all the late matter in our air and mercury in $40 billion that would have gone big spending and the debt. Madam our water. straight toward deficit reduction. Un- Speaker, we know what it is. If they My hometown of Chicago knows this fortunately, but not surprisingly, our search quickly enough, they can find all too well. Chicago ranks second of amendment was defeated on a party- out what the American people know: It all cities in the country adversely af- line vote. That shows exactly where is pin the tail on the donkey. We know fected by power plant pollution. the Republican priorities are, Madam how this happened. b 1330 Speaker, a radical redistribution of Madam Speaker, I yield 3 minutes to Two particularly egregious emitters, wealth from the middle class and the the gentlewoman from Grandfather the Fisk and Crawford power plants, poor to the wealthiest people and cor- Community, North Carolina, Dr. FOXX. emit fine particulate matter that di- porations in the country. Ms. FOXX. I thank my colleague rectly contribute to 41 deaths, 550 ER Yesterday, our Republican friends from Texas for yielding time. visits, and 2,800 asthma attacks annu- unveiled their budget proposal. That Madam Speaker, our colleagues on ally. EPA estimates that fine particle budget takes extreme, right-wing our side of the aisle have made it abun- pollution from power plants shortens trickle-down economics to new levels. dantly clear that this bill does not af- the lives of 1,356 people from my home They want to destroy Medicare as we fect the Clean Air Act. What it does is State each year. know it and impose a huge tax increase help us rein in unelected bureaucrats Talk about costs. on middle class seniors through higher who are arrogant and who believe that In 2001, the Harvard School of Public health care costs. They want to evis- they have all the answers to what Health put out an Illinois power plant cerate Medicaid by turning it into a needs to be done in this country. study. In the 8 years since these harms block grant program. They want to cut After listening to the debate over were modeled and publicized, the Envi- food stamps, education, infrastructure, this issue, it’s clear to me that nary a ronmental Law and Policy Center esti- environmental protection, and medical liberal here has read a book entitled mates the continued Fisk and Crawford research, programs which actually cre- ‘‘Heaven and Earth’’ by Ian Plimer, a coal plant pollution has caused from ate jobs and improve the lives of Amer- renowned Australian geologist who $750 million to $1 billion in health and ican working families. takes a science-based approach to dis- environmental-related damages. And at the same time, my Repub- proving so many of the myths under- Even if you don’t care about global lican friends want to provide massive lying the manmade global warming warming and you don’t believe climate tax cuts to the very wealthiest Ameri- theories. It is a unique, gripping, and change is manmade, you can’t argue cans and corporations, including Big powerful book that would undoubtedly with these numbers. So if you want to Oil companies that are reaping billions leave a deep impression on any inde- talk costs, let’s talk costs. Fisk and and billions and billions of dollars in pendent thinker. And I also want to Crawford power plants cost Chicagoans profits each year. The Republican mention, Madam Speaker, another 550 ER visits per year. They cost Party wants to increase health care book, the Heartland Institute book re- Chicagoans 2,800 asthma attacks per costs for seniors in order to pay for view of a book called ‘‘The Politically year. And Fisk and Crawford power their tax breaks for the rich. Those are Incorrect Guide to Global Warming and plants cost Chicagoans $750 million to wrong priorities, Madam Speaker. Environmentalism’’ by Christopher $1 billion in only 8 of the 50 plus years As Harold Meyerson wrote today in Horner, which highlights some of the we’ve been collecting data on these the Washington Post, ‘‘If it does noth- motivations for liberals to persist with pollutants. ing else, the budget that House Repub- the manmade global warming theory. The answer to these costs is not to licans unveiled Tuesday provides the Horner tells us, ‘‘Global warming repeal the law that cleans our air, that first real Republican program for the hysteria is truly the environmental- protects our children and allows us to 21st century, and it is this: Repeal the ist’s dream come true. It is the perfect remain competitive in a global market. 20th century.’’ storm of demons and perils, and the The answer instead is to transition For the life of me, I can’t understand ideal scare campaign for those who away from the antiquated and outdated why the people who caused the reces- would establish global governance.’’ industry that pollutes and toward sion be allowed to keep everything And he goes on, ‘‘We are daily told of green infrastructure that encourages while innocent workers get the bill. an alleged ’consensus’ on the issue—a domestic economic development. We all want to reduce the deficit, concept actually foreign to science— I urge my colleagues to oppose the Madam Speaker. How about ending our and global warming alarmists want to rule and H.R. 910, the dirty air act. occupation in Afghanistan? How about put disbelievers on trial. They want to Mr. SESSIONS. Madam Speaker, I re- ending subsidies for multinational oil control our lifestyles without anyone serve the balance of my time. companies and agribusiness? How being allowed to question their cause.’’

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5284 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 And he says, ‘‘Nowhere is Horner more Prof. Richard Muller of Berkeley, a physi- ing urgency, that if we continue with busi- brilliant than in convincing the reader cist who has gotten into the climate skeptic ness as usual, the results will be very bad, of the odious concept of consensus tak- game, has been leading the Berkeley Earth perhaps catastrophic. They could be wrong. ing root regarding climate science, Surface Temperature project, an effort par- But if you’re going to assert that they are in tially financed by none other than the Koch fact wrong, you have a moral responsibility where alarmists and the rest of the foundation. And climate deniers—who claim to approach the topic with high seriousness global warming industry assail sci- that researchers at NASA and other groups and an open mind. After all, if the scientists entists and other experts with ad analyzing climate trends have massaged and are right, you’ll be doing a great deal of hominem campaigns to discredit them. distorted the data—had been hoping that the damage. History is ‘full of efforts to stifle inno- Berkeley project would conclude that global But what we had, instead of high serious- vation by reference to unchallengeable warming is a myth. ness, was a farce: a supposedly crucial hear- authority of consensus.’ Galileo and Instead, however, Professor Muller re- ing stacked with people who had no business being there and instant ostracism for a cli- Copernicus come quickly to mind.’’ ported that his group’s preliminary results find a global warming trend ‘‘very similar to mate skeptic who was actually willing to Madam Speaker, this shows the arro- that reported by the prior groups.’’ change his mind in the face of evidence. As gance of our colleagues across the aisle The deniers’ response was both predictable I said, no surprise: as Upton Sinclair pointed and the arrogance of the bureaucrats. and revealing; more on that shortly. But out long ago, it’s difficult to get a man to They think that we human beings have first, let’s talk a bit more about that list of understand something when his salary de- more impact on the climate and the witnesses, which raised the same question I pends on his not understanding it. world than God does. And we don’t. and others have had about a number of com- But it’s terrifying to realize that this kind mittee hearings held since the G.O.P. retook of cynical careerism—for that’s what it is— b 1340 control of the House—namely, where do they has probably ensured that we won’t do any- Mr. POLIS. Madam Speaker, I yield find these people? thing about climate change until catas- myself 1 minute. My favorite, still, was RON PAUL’s first trophe is already upon us. hearing on monetary policy, in which the So on second thought, I was wrong when I The gentlelady mentioned science. said that the joke was on the G.O.P.; actu- One of the expert witnesses the Repub- lead witness was someone best known for writing a book denouncing Abraham Lincoln ally, the joke is on the human race. licans called for last week’s congres- as a ‘‘horrific tyrant’’—and for advocating a Madam Speaker, I am proud to yield sional hearing on climate science was new secessionist movement as the appro- 2 minutes to the gentlewoman from Professor Richard Muller of Berkeley. priate response to the ‘‘new American Hawaii (Ms. HIRONO). Now, this was a physicist who had got- fascialistic state.’’ Ms. HIRONO. Madam Speaker, I The ringers (i.e., nonscientists) at last ten into the climate skeptic game. And thank the gentleman from Colorado for I have to say, the climate skeptic game week’s hearing weren’t of quite the same cal- iber, but their prepared testimony still had yielding me this time. is a very lucrative one for people. Any- I rise in opposition to this rule and to body who finds a way to deny climate some memorable moments. One was the law- yer’s declaration that the E.P.A. can’t de- the underlying legislation, H.R. 910, change sells lots of books, gets booked clare that greenhouse gas emissions are a the Energy Tax Prevention Act. In on the conservative talk show circuit, health threat, because these emissions have spite of the title of this bill, it has ab- and does very well for themselves. And been rising for a century, but public health solutely nothing to do with limiting yet, despite the intensive economic has improved over the same period. I am not taxes on energy or taxes from the get- pressure for climate scientists to deny making this up. go. This bill should be called the Dirty climate change, 99 percent have stayed Oh, and the marketing professor, in pro- viding a list of past cases of ‘‘analogies to Air Act because it turns back the clock true to the scientific method; and the by erasing years of advances that we conclusion of the vast majority is that the alarm over dangerous manmade global warming’’—presumably intended to show have made in fighting air pollution and climate change exists. why we should ignore the worriers—included curbing greenhouse gas emissions. Now, Professor Muller reported that problems such as acid rain and the ozone This bill ignores the clear-cut sci- his group’s preliminary findings were hole that have been contained precisely entific evidence: carbon pollution is en- that the global warming trend is very thanks to environmental regulation. dangering our health and the environ- similar to that reported by prior But back to Professor Muller. His climate- ment and that the need for urgent ac- groups. Now, this took some courage. skeptic credentials are pretty strong: he has denounced both Al Gore and my colleague tion to address climate change is indis- Because of his belief in science, no putable. doubt it hurts his own earning poten- Tom Friedman as ‘‘exaggerators,’’ and he has participated in a number of attacks on This bill prevents the Environmental tial. I think he had been doing very climate research, including the witch hunt Protection Agency, EPA, from acting well as a climate skeptic. Now he is over innocuous e-mails from British climate under the Clean Air Act to reduce somebody who has put his scientific researchers. Not surprisingly, then, climate greenhouse gas emissions unequivo- principles above his own economic deniers had high hopes that his new project cally linked to climate change. Under need. would support their case. this bill, EPA will be prohibited from What science tells us is not always You can guess what happened when those enforcing common sense, and I want to convenient. Every climate scientist hopes were dashed. Just a few weeks ago Anthony Watts, who repeat that word, commonsense protec- that I know wishes that they could say tions against carbon dioxide pollution that there is no danger from climate runs a prominent climate denialist Web site, praised the Berkeley project and piously de- and other greenhouse gases. change, wishes there was no danger clared himself ‘‘prepared to accept whatever Since its enactment in 1970, the from carbon emissions. Nobody wants result they produce, even if it proves my health benefits of the Clean Air Act to be a harbinger of disaster—what a premise wrong.’’ But never mind: once he have far outweighed industry’s compli- terrible thing to be—and yet they knew that Professor Muller was going to ance costs. Toxic and health-threat- value the integrity of the scientific present those preliminary results, Mr. Watts ening air pollutants have been reduced process. dismissed the hearing as ‘‘post normal science political theater.’’ And one of the by 60 percent, and the world did not [From the New York Times, Apr. 3, 2011] regular contributors on his site dismissed come to an end for corporations. In THE TRUTH, STILL INCONVENIENT Professor Muller as ‘‘a man driven by a very fact, during this time the economy (By Paul Krugman) serious agenda.’’ grew by 200 percent. So the joke begins like this: An economist, Of course, it’s actually the climate deniers This legislation guts the Clean Air a lawyer and a professor of marketing walk who have the agenda, and nobody who’s been Act pollution standards and repeals into a room. What’s the punch line? They following this discussion believed for a mo- EPA’s authority to limit health- were three of the five ‘‘expert witnesses’’ Re- ment that they would accept a result con- threatening pollution. And for what? publicans called for last week’s Congres- firming global warming. But it’s worth step- For what, to protect the profits of the sional hearing on climate science. ping back for a moment and thinking not But the joke actually ended up being on just about the science here, but about the big polluters; and in so doing, this bill the Republicans, when one of the two actual morality. repeals important safeguards that are scientists they invited to testify went off For years now, large numbers of prominent needed to create American clean en- script. scientists have been warning, with increas- ergy jobs, reduce energy costs, reduce

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5285 our dependence on foreign oil, and in- It is my honor to yield 3 minutes to The SPEAKER pro tempore. The crease our economic competitiveness. the gentleman from Virginia, a sponsor time of the gentleman has expired. We cannot pass this Republican ma- of a bill to do the same, Mr. MORAN. Mr. POLIS. I yield the gentleman an jority’s anti-science, anti-innovation Mr. MORAN. I thank my very good additional 30 seconds. bill. And let’s not forget one of their friend from Colorado. Mr. MORAN. So I ask, Madam Speak- top goals: continuing multi-billion dol- Madam Speaker, I rise in opposition er, just to consider the scene where lar tax breaks for the oil and gas solu- to this rule. The Federal Government Members of Congress would be arguing tion. is now 6 months into fiscal year 2011 before the courts their right to be paid The SPEAKER pro tempore. The without a budget. We’ve created no while millions forgo their pay. time of the gentlewoman has expired. new jobs and, in fact, have put tens of Madam Speaker, this body is wasting Mr. POLIS. I yield the gentlewoman thousands of people out of work. its time with the legislation we are an additional 30 seconds. All we’ve done is to stumble along considering today. Let’s demonstrate Ms. HIRONO. In my book, clean air from continuing resolution to con- to the public that we are willing to and the health of the American people tinuing resolution. That’s no way to make the same sacrifice we are asking trump profits for polluters every time. run a government, let alone the most of others. If we are going to put 800,000 I urge my colleagues to vote against powerful Nation in the world. Federal employees and our staff out on this rule and against this bill. Sadly, with the clock running, tick- the street, then we ought to be out Mr. SESSIONS. Madam Speaker, we ing toward the midnight hour of a gov- there with them. Take up the Moran- are talking about 1.4 million jobs, a lot ernment shutdown on Friday, agree- Tester bill instead of this expression of of cattle, and a lot of bull. ment on a full-year budget is nowhere ideological extremism that is dead on Madam Speaker, at this time I would to be found. We have no consensus. We arrival in the Senate. That’s what we like to yield 1 minute to the gentleman can’t get together. We can’t do our job. should be doing. from Melbourne, Florida (Mr. POSEY). And instead, the Republicans in this Mr. SESSIONS. Madam Speaker, Mr. POSEY. Madam Speaker, Con- House continue to serve up far right there was a discussion a few minutes gressman WEBSTER and I were walking ideological proposals such as this ago about Republicans and oil compa- past the rear of the Chamber, and we which pretends that global warming nies and a lot of very interesting com- looked at each other kind of funny isn’t really happening. It will block ments. Yet many on our side have al- after some former comments and EPA’s modest attempts to limit the luded to President Obama supporting thought we were walking by a set for growth of greenhouse gas emissions the Brazilian Government and people comedy hour. that are endangering the public’s by supporting their oil drilling, drilling I mean, I think I really heard some- health and our children’s future. for natural resources that they have. body allude to the fact that we need Instead of such sham political pos- The President is willing to go down and more government regulation and for turing, this body would be far wiser to back up a 2009 commitment to pro- sure we need more taxes on the oil bring up a bill that has already been posing $2 billion from the Export-Im- companies, those evil oil companies, passed in the Senate and sits ready for port Bank to the Brazilian company and the answer to all of our problems is consideration in the House today. That that is their energy company. to tax them more—as if the Members of is the Moran-Tester Government Shut- And I would like to quote what he this body and the public are stupid down Fairness Act. On the eve of a gov- said, if I can, because I think it’s very enough to think that at the end of the ernment shutdown, with hundreds of interesting: ‘‘At a time when we’ve year, those big oil companies are just thousands of government employees been reminded how easily instability in going to write a check for an extra facing furloughs, and millions of Amer- other parts of the world can affect zillion dollars. icans having to forgo the essential prices, the United States could not be Let’s say we tax those evil oil compa- services that the Federal Government happier for a new, stable source of en- nies another dollar a gallon. They’re provides on a daily basis, it is uncon- ergy.’’ not going to write the check. We know scionable that Members of Congress Madam Speaker, what he just spoke what’s going to happen: They’re going will continue to receive their pay. of was the United States’ ability to to raise the price a dollar a gallon, or, Having abdicated our responsibility produce our own oil so we don’t have to given the corporate greed we some- to do our job, to pass a budget, we look to foreigners to get that done. times see, round it off to 2 bucks a gal- should not continue to receive a pay- [From The Hill, Mar. 21, 2011] lon. check. It is simply a matter of fairness, OVERNIGHT ENERGY: REPUBLICANS POUNCE ON Corporations don’t pay taxes. Cor- Madam Speaker. If all Americans are OBAMA’S BRAZILIAN OIL SUPPORT porations collect taxes. They collect going to feel the pain of a government (By Andrew Restuccia and Ben Geman) taxes from consumers who ultimately shutdown, then we should make sac- pay the tax. You add a tax to a prod- rifices, too. The Moran-Tester bill State of Play: Republicans and the oil in- dustry are working to translate President uct, and the consumer is going to pay would suspend Members’ pay in the Obama’s weekend comments in support of more. event of a shutdown. The Senate passed Brazilian oil development into political am- The SPEAKER pro tempore. The it unanimously, and so should we. It’s munition in their battle against the White time of the gentleman has expired. the one thing we could agree on now House’s U.S. drilling policies. Mr. SESSIONS. I yield the gentleman and have signed by the President im- The American Petroleum Institute, the an additional 1 minute. mediately. That’s the vote we should country’s most powerful oil and gas trade as- Mr. POSEY. I wish we would, as the be taking today. sociation, and Republicans, including House gentleman from Texas said, quit trying Now, some have argued for self-cen- Speaker John Boehner (R–Ohio), said Mon- to play ‘‘Pin the Tail on the Donkey.’’ tered reasons that the Moran-Tester day that the administration should be doing more to develop U.S. oil-and-gas reserves. We know corporations don’t pay taxes. bill is unconstitutional, but that’s sim- Here’s Sen. David Vitter (R–La.), who is Consumers pay taxes; corporations just ply a smokescreen, Madam Speaker. among the lawmakers pushing for wider U.S. collect it. They know perfectly well that the offshore drilling: ‘‘It’s ridiculous to ignore Mr. POLIS. Madam Speaker, when we courts decide matters of constitu- our own resources and continue going hat-in- defeat the previous question, I will tionality. Further, we know that the hand to countries like Saudi Arabia and offer an amendment to the rule to pro- only individuals with standing before Brazil to beg them to produce more oil,’’ Vit- vide that immediately after the House the court would be the very Members ter said in a statement. ‘‘We need to get seri- adopts this rule, it will bring up Senate of Congress who would be voting to ous about developing our resources here at home and working toward lower gas prices bill 388, a bill that prohibits Members shut down the government. and long-term energy independence.’’ of Congress and the President from re- So just consider the scene where But President Obama said Saturday during ceiving pay during government shut- Members of Congress would be argu- his visit to Brazil that an energy partnership downs. ing—— with the nation will offer major benefits for

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5286 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 the United States. Obama, in announcing a Mr. DOGGETT. The next sad chapter Polluters claimed new safeguards ‘‘Strategic Energy Dialogue’’ with Brazil, in Republican Fantasyland is being would end their industries, increase the noted that the country has nearly twice the written here today. Last month, they price of consumer goods, and cause oil reserves as the United States and lauded couldn’t tell the difference between Big massive job loss. In reality, acid rain its stability compared to some other oil-ex- porting countries. Bird and big government. Now they in- has been dramatically reduced and the ‘‘We want to work with you. We want to sist that dirty air is really good for us. limits on pollution were met faster and help with technology and support to develop They live in a fact-free zone when the at roughly a tenth of the cost that in- these oil reserves safely, and when you’re facts don’t support their point of view, dustry estimated—all without driving ready to start selling, we want to be one of insisting that big polluters know best consumer prices up. your best customers,’’ Obama told a group of and that good science should be ig- A recent MIT study even suggests business leaders Saturday. ‘‘At a time when nored. that implementing the EPA safeguards we’ve been reminded how easily instability in other parts of the world can affect the The Clean Air Act for the last 40 we are debating today would create 1.4 price of oil, the United States could not be years has improved air quality and million jobs as companies invent, build happier with the potential for a new, stable saved hundreds of thousands of lives. and install newer and cheaper pollution source of energy.’’ Unfortunately, my home State of control tools and renewable energy. Under the Strategic Energy Dialogue, the Texas is one of the world’s leading car- Rather than discussing ridiculous United States will work with Brazil ‘‘in the bon polluters, and it is also one of the and already disreputable and refuted environmentally responsible and techno- leaders in condoning lawlessness by claims of cow flatulence and other ele- logically advanced development’’ of Bra- those polluters. Foul air fouls lives and ments that aren’t even considered by zilian oil resources, according to a White House summary of the plan. especially young lungs. For my three the EPA, let’s discuss science and the Administration officials also say they are granddaughters and their generation, facts. working diligently to expand U.S. oil-and- particularly for the more than 23,000 Republicans have claimed that the gas development. The Interior Department children in my home county who are EPA has found carbon dioxide to be has recently issued three deepwater drilling suffering from asthma, we need to en- dangerous, the same gas we exhale. permits for the type of projects halted after sure clean air, and that ought to be a They say, how can carbon dioxide be last year’s Gulf oil spill. And the department given, not just a goal. dangerous? In reality, the on Monday approved an exploration plan endangerment finding was based on that paves the way to expanded Gulf drilling. Science-based decisions, not ideologi- Still, it’s not the first time Republicans cally driven nonsense, should guide us. sound science and found that as cli- have criticized the administration for its oil I stand with the American Lung Asso- mate change increases, so does ground- dealings with Brazil. Vitter and others railed ciation and with a large number of sci- level ozone, longer pollen seasons, and against a 2009 proposed $2 billion commit- entists across many disciplines who more mold allergies. These affect ment from the U.S. Export-Import Bank to call for this bill’s rejection. And in its health problems like asthma and heart the Brazilian oil company Petrobras to en- drive to interfere with our health, this disease. Once again, Republicans were sure the purchase of U.S. goods as the com- oversimplifying a serious problem to pany explores for oil. same Republican proposal creates the Many Republican claims about the Export- very type of uncertainty that stands in support their big polluter buddies at Import proposal have been shown to be over- the way of more job creation through- the cost of public health. blown. out Texas, and Texas moving to be- Science will guide us in the right di- Forbes ran a handy fact-check Monday on come the leading wind provider in the rection, and science is a blind goddess. Republicans’ claims about the proposed country. Those wind turbines could be It doesn’t care what we want science to Petrobras loans. And the Export-Import built in our State. Solar energy could say. What matters is what good science Bank takes on Republican charges here. be expanding in our State. But a cli- done actually says. b 1350 mate of uncertainty to which this bill The supporters of this legislation I reserve the balance of my time. adds even more will interfere with the want to present a false dichotomy that Mr. POLIS. I yield myself 1 minute. start-ups, with the new ideas that keep somehow protecting the environment Madam Speaker, I want to be clear us at the forefront of creating clean would hurt job creation. Instead, the that we can in this body take up and jobs instead of sending all those jobs exact opposite has been proven to be pass Senate bill 388 if we can defeat the over to China and other parts of the true. previous question, and this will go di- world. Since 1970, the economic benefits of rectly to the President’s desk. There is This is a bad bill for our economy, the Clean Air Act have been shown to still time. and it is a bad bill for the future health outweigh all costs associated with the I think the American people don’t of our country. I urge its rejection. law, and the economic benefits of the know that if government shuts down at Mr. SESSIONS. Madam Speaker, at Clean Air Act are expected to reach the end of the day Friday as it might— this time I would like to notify the nearly $2 trillion in 2020—exceeding it seems increasingly likely—Members gentleman that I have no further costs by more than 30 to 1. of Congress will still continue to re- speakers on this side. That’s why a number of business or- ceive their paycheck. I had a tweet I reserve the balance of my time. ganizations representing over 60,000 from one of my constituents that said, Mr. POLIS. I thank the gentleman. I firms wrote to President Obama and ‘‘If there is a government shutdown, am the last speaker for my side, and I congressional leaders urging them to are Congressmen and Senators consid- yield myself the balance of my time. support the EPA’s mission and to re- ered essential employees?’’ I would like to submit into the ject efforts to block, delay or weaken I responded that we had a bill, Senate RECORD a Nature editorial entitled, implementation of the Clean Air Act. bill 388, that would make sure that ‘‘Into Ignorance: Vote to Overturn an In their letters, the groups note that Members of Congress don’t get paid in Aspect of Climate Science Marks a studies consistently show that the eco- the event of a shutdown, but Speaker Worrying Trend in U.S. Congress.’’ nomic benefits of implementing the act BOEHNER refuses to bring it to the floor Madam Speaker, time and time again far exceed the costs of controlling air of the House in spite of passing the we’ve heard our colleagues cry wolf and pollutant emissions. Senate unanimously. make outlandish claims about what The EPA’s rule is strictly tailored to My constituent responded, ‘‘Maybe if the Environmental Protection Agency only the country’s biggest power plants the rulemakers had to live by the same is attempting to do. But the American and industrial polluters. These safe- rules they created, a solution would people aren’t fools. They know that guards apply to about 700 of the top come faster. Gridlock is not govern- every time the EPA stands up to big polluting power plants and oil refin- ance.’’ polluters, big polluters claim the sky is eries, facilities that need new permits, Madam Speaker, I yield 2 minutes to falling. anyway, under current law. the gentleman from Texas (Mr. DOG- That’s exactly what happened when It’s been proven countless times that GETT). the EPA tackled the acid rain problem. we can protect the environment and

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5287 public health and grow and strengthen voters. After all, US polling data has consist- [From the New York Times, Apr. 3, 2011] our economy at the same time. To say ently shown that, in general, the public ac- THE TRUTH, STILL INCONVENIENT otherwise simply ignores the facts. cepts climate science. At a hearing last (By Paul Krugman) week, even Ed Whitfield (Republican, Ken- Madam Speaker, I want to make sure So the joke begins like this: An economist, tucky), who chairs the subcommittee, a lawyer and a professor of marketing walk that no one is misled by the title of the seemed to distance himself from the rhetoric into a room. What’s the punch line? They bill we’re considering, the Energy Tax by focusing not on the science but on the were three of the five ‘‘expert witnesses’’ Re- Prevention Act. The only amendment economic effects of greenhouse-gas regula- publicans called for last week’s Congres- that would have actually prevented en- tion. ‘‘One need not be a sceptic of global sional hearing on climate science. warming to be a sceptic of the EPA’s regu- ergy taxes was offered by my friend But the joke actually ended up being on latory agenda,’’ said Whitfield. from Oregon (Mr. BLUMENAUER) and the Republicans, when one of the two actual ‘‘The US Congress has entered the intellec- was denied even a floor discussion and scientists they invited to testify went off tual wilderness.’’ debate or a vote under this rule. The script. Perhaps, but the legislation is fundamen- only thing this bill is taxing is our pa- Prof. Richard Muller of Berkeley, a physi- tally anti-science, just as the rhetoric that cist who has gotten into the climate skeptic tience. As serious issues confront supports it is grounded in wilful ignorance. America, including the government game, has been leading the Berkeley Earth One lawmaker last week described scientists Surface Temperature project, an effort par- shutdown, the majority seems intent as ‘‘elitist’’ and ‘‘arrogant’’ creatures who tially financed by none other than the Koch on legislating by false bumper-sticker hide behind ‘‘discredited’’ institutions. An- foundation. And climate deniers—who claim slogans. other propagated the myth that in the 1970s that researchers at NASA and other groups Madam Speaker, if we defeat the pre- the scientific community warned of an im- analyzing climate trends have massaged and vious question, I will offer an amend- minent ice age. Melting ice caps on Mars distorted the data—had been hoping that the served to counter evidence of anthropogenic ment to the rule to consider Senate bill Berkeley project would conclude that global warming on Earth, and Antarctica was false- warming is a myth. 388. ly said to be gaining ice. Several scientists I ask unanimous consent to insert Instead, however, Professor Muller re- were on hand—at the behest of Democrats on ported that his group’s preliminary results the text of the amendment in the the subcommittee—to answer questions and find a global warming trend ‘‘very similar to RECORD along with extraneous mate- clear things up, but many lawmakers that reported by the prior groups.’’ rial immediately prior to the vote on weren’t interested in answers, only in preju- The deniers’ response was both predictable the previous question. dice. and revealing; more on that shortly. But The SPEAKER pro tempore. Is there It is hard to escape the conclusion that the first, let’s talk a bit more about that list of US Congress has entered the intellectual wil- objection to the request of the gen- witnesses, which raised the same question I derness, a sad state of affairs in a country and others have had about a number of com- tleman from Colorado? that has led the world in many scientific are- There was no objection. mittee hearings held since the G.O.P. retook nas for so long. Global warming is a thorny control of the House—namely, where do they Mr. POLIS. Madam Speaker, I urge problem, and disagreement about how to find these people? my colleagues to vote ‘‘no’’ and defeat deal with it is understandable. It is not al- My favorite, still, was Ron Paul’s first the previous question so we can debate ways clear how to interpret data or address hearing on monetary policy, in which the and pass a bill that actually does some- legitimate questions. Nor is the scientific lead witness was someone best known for thing useful, ensures Members of Con- process, or any given scientist, perfect. But writing a book denouncing Abraham Lincoln to deny that there is reason to be concerned, as a ‘‘horrific tyrant’’—and for advocating a gress don’t get paid during a shutdown given the decades of work by countless sci- of government and has a real chance of new secessionist movement as the appro- entists, is irresponsible. priate response to the ‘‘new American being enacted into law and signed by That this legislation is unlikely to become fascialistic state.’’ President Obama, and I urge a ‘‘no’’ law doesn’t make it any less dangerous. It is The ringers (i.e., nonscientists) at last vote on the rule. the attitude and ideas behind the bill that week’s hearing weren’t of quite the same cal- [From Nature] are troublesome, and they seem to be spread- iber, but their prepared testimony still had ing. Fred Upton, the Michigan Republican INTO IGNORANCE some memorable moments. One was the law- who chairs the full energy and commerce yer’s declaration that the E.P.A. can’t de- VOTE TO OVERTURN AN ASPECT OF CLIMATE committee, once endorsed climate science, clare that greenhouse gas emissions are a SCIENCE MARKS A WORRYING TREND IN US but last month said—after being pinned health threat, because these emissions have CONGRESS down by a determined journalist—that he is been rising for a century, but public health As Nature went to press, a committee of not convinced that greenhouse-gas emissions has improved over the same period. I am not the US Congress was poised to pass legisla- contribute to global warming. It was yet an- making this up. tion that would overturn a scientific finding other blow to the shrinking minority of mod- Oh, and the marketing professor, in pro- on the dangers of global warming. The Re- erate centrists in both parties. viding a list of past cases of ‘‘analogies to publican-sponsored bill is intended to pre- One can only assume that Congress will the alarm over dangerous manmade global vent the US Environmental Protection find its way at some point, pressured by vot- warming’’—presumably intended to show Agency (EPA) from regulating greenhouse- ers who expect more from their public serv- why we should ignore the worriers—included gas emissions, which the agency declared a ants. In the meantime, as long as it can fend problems such as acid rain and the ozone threat to public welfare in 2009. That assess- off this and other attacks on the EPA, Presi- hole that have been contained precisely ment serves as the EPA’s legal basis for reg- dent Barack Obama’s administration should thanks to environmental regulation. ulation, so repealing the ‘endangerment find- push forward with its entirely reasonable But back to Professor Muller. His climate- ing’ would eliminate its authority over regulatory programme for reducing green- skeptic credentials are pretty strong: he has greenhouse gases. house-gas emissions where it can, while denounced both Al Gore and my colleague That this finding is scientifically sound looking for ways to work with Congress in Tom Friedman as ‘‘exaggerators,’’ and he had no bearing on the decision to push the other areas. Rising oil prices should increase has participated in a number of attacks on legislation, and Republicans on the House of interest in energy security, a co-benefit of climate research, including the witch hunt Representatives’ energy and commerce com- the greenhouse-gas and fuel-efficiency stand- over innocuous e-mails from British climate mittee have made clear their disdain for cli- ards for vehicles that were announced by the researchers. Not surprisingly, then, climate mate science. At a subcommittee hearing on administration last year. The same advice deniers had high hopes that his new project 14 March, anger and distrust were directed at applies to the rest of the world. Work with would support their case. scientists and respected scientific societies. the United States where possible, but don’t You can guess what happened when those Misinformation was presented as fact, truth wait for a sudden change of tenor in Wash- hopes were dashed. was twisted and nobody showed any inclina- ington, DC. Just a few weeks ago Anthony Watts, who tion to listen to scientists, let alone learn One of the scientists testifying before runs a prominent climate denialist Web site, from them. It has been an embarrassing dis- Whitfield’s subcommittee was Christopher praised the Berkeley project and piously de- play, not just for the Republican Party but Field, director of the Carnegie Institution’s clared himself ‘‘prepared to accept whatever also for Congress and the US citizens it rep- global ecology department in Stanford, Cali- result they produce, even if it proves my resents. fornia. Field generously hoped that his testi- premise wrong.’’ But never mind: once he It is tempting to write all of this off as mony at last week’s hearing took place ‘‘in knew that Professor Muller was going to petty partisanship, a populist knee-jerk re- the spirit of a genuine dialogue that is in the present those preliminary results, Mr. Watts action to lost jobs and rising energy prices best interests of the country’’. Maybe one dismissed the hearing as ‘‘post normal by a well-organized minority of Republican day that hope will be justified. science political theater.’’ And one of the

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regular contributors on his site dismissed SEC. 2. Immediately upon adoption of this ment to the rule, or yield for the purpose of Professor Muller as ‘‘a man driven by a very resolution it shall be in order to consider in amendment.’’ serious agenda.’’ the House the bill (S. 388) to prohibit Mem- In Deschler’s Procedure in the U.S. House Of course, it’s actually the climate deniers bers of Congress and the President from re- of Representatives, the subchapter titled who have the agenda, and nobody who’s been ceiving pay during Government shutdowns, ‘‘Amending Special Rules’’ states: ‘‘a refusal following this discussion believed for a mo- if called up by the Minority Leader or her to order the previous question on such a rule ment that they would accept a result con- designee. All points of order against consid- [a special rule reported from the Committee firming global warming. But it’s worth step- eration of the bill are waived. The bill shall on Rules] opens the resolution to amend- ping back for a moment and thinking not be considered as read. All points of order ment and further debate.’’ (Chapter 21, sec- just about the science here, but about the against provisions in the bill are waived. The tion 21.2) Section 21.3 continues: ‘‘Upon re- morality. previous question shall be considered as or- jection of the motion for the previous ques- For years now, large numbers of prominent dered on the bill to final passage without in- tion on a resolution reported from the Com- scientists have been warning, with increas- tervening motion except: (1) one hour of de- mittee on Rules, control shifts to the Mem- ing urgency, that if we continue with busi- bate equally divided and controlled by the ber leading the opposition to the previous ness as usual, the results will be very bad, chair and ranking minority member of the question, who may offer a proper amendment perhaps catastrophic. They could be wrong. Committee on House Administration; and (2) or motion and who controls the time for de- But if you’re going to assert that they are in one motion to recommit. bate thereon.’’ fact wrong, you have a moral responsibility SEC. 3. Clause 1(c) of rule XIX shall not Clearly, the vote on the previous question to approach the topic with high seriousness apply to the consideration of S. 388. on a rule does have substantive policy impli- and an open mind. After all, if the scientists cations. It is one of the only available tools are right, you’ll be doing a great deal of (The information contained herein was for those who oppose the Republican major- damage. provided by the Republican Minority on mul- ity’s agenda and allows those with alter- But what we had, instead of high serious- tiple occasions throughout the 110th and native views the opportunity to offer an al- ness, was a farce: a supposedly crucial hear- 111th Congresses.) ternative plan. ing stacked with people who had no business THE VOTE ON THE PREVIOUS QUESTION: WHAT Mr. SESSIONS. Madam Speaker, I being there and instant ostracism for a cli- IT REALLY MEANS yield back the balance of my time, and mate skeptic who was actually willing to This vote, the vote on whether to order the change his mind in the face of evidence. As previous question on a special rule, is not I move the previous question on the I said, no surprise: as Upton Sinclair pointed merely a procedural vote. A vote against or- resolution. out long ago, it’s difficult to get a man to dering the previous question is a vote The SPEAKER pro tempore. The understand something when his salary de- against the Republican majority agenda and question is on ordering the previous pends on his not understanding it. a vote to allow the opposition, at least for question. But it’s terrifying to realize that this kind the moment, to offer an alternative plan. It The question was taken; and the of cynical careerism—for that’s what it is— is a vote about what the House should be de- Speaker pro tempore announced that has probably ensured that we won’t do any- bating. thing about climate change until catas- Mr. Clarence Cannon’s Precedents of the the ayes appeared to have it. trophe is already upon us. House of Representatives (VI, 308–311), de- Mr. POLIS. Madam Speaker, on that So on second thought, I was wrong when I scribes the vote on the previous question on I demand the yeas and nays. said that the joke was on the G.O.P.; actu- the rule as ‘‘a motion to direct or control the The yeas and nays were ordered. ally, the joke is on the human race. consideration of the subject before the House The SPEAKER pro tempore. Pursu- I yield back the balance of my time. being made by the Member in charge.’’ To ant to clause 8 and clause 9 of rule XX, Mr. SESSIONS. I yield myself the defeat the previous question is to give the this 15-minute vote on ordering the balance of my time. opposition a chance to decide the subject be- fore the House. Cannon cites the Speaker’s previous question will be followed by 5- Madam Speaker, I appreciate the ruling of January 13, 1920, to the effect that minute votes on adoption of House Res- gentleman from Colorado for this won- ‘‘the refusal of the House to sustain the de- olution 203, if ordered; and approval of derful discussion and debate that we’ve mand for the previous question passes the the Journal, if ordered. had here today. control of the resolution to the opposition’’ The vote was taken by electronic de- Madam Speaker, the bill we’re dis- in order to offer an amendment. On March vice, and there were—yeas 266, nays cussing today does not weaken the 15, 1909, a member of the majority party of- 158, not voting 8, as follows: fered a rule resolution. The House defeated Clean Air Act or the regulation of air [Roll No. 230] pollution. It does not interfere with the the previous question and a member of the opposition rose to a parliamentary inquiry, YEAS—266 EPA’s longstanding authority to pro- asking who was entitled to recognition. Adams Butterfield Duncan (SC) tect the environment. In fact, as I stat- Speaker Joseph G. Cannon (R–Illinois) said: Aderholt Calvert Duncan (TN) ed in the very beginning, it simply ‘‘The previous question having been refused, Akin Camp Edwards clarifies that the Clean Air Act was the gentleman from New York, Mr. Fitz- Alexander Campbell Ellmers never designated, designed or shown to gerald, who had asked the gentleman to Altmire Canseco Emerson yield to him for an amendment, is entitled to Amash Cantor Farenthold be for regulating greenhouse gas emis- Austria Capito Fincher sions. Thus, we would be removing au- the first recognition.’’ Bachmann Carson (IN) Fitzpatrick thority that the EPA has not had, Because the vote today may look bad for Bachus Carter Flake the Republican majority they will say ‘‘the Barletta Cassidy Fleischmann should not have, and would not have vote on the previous question is simply a Bartlett Chabot Fleming because this Congress will not pass vote on whether to proceed to an immediate Barton (TX) Chaffetz Flores what is called cap-and-tax regulations. vote on adopting the resolution . . . [and] Bass (CA) Chu Forbes By gaining control of government has no substantive legislative or policy im- Bass (NH) Clarke (NY) Fortenberry Benishek Clay Foxx spending and eliminating government plications whatsoever.’’ But that is not what Berg Cleaver Franks (AZ) regulations, the private sector believes they have always said. Listen to the Repub- Biggert Clyburn Fudge that the Republican Congress can be lican Leadership Manual on the Legislative Bilbray Coble Gallegly here for the interests of not only the Process in the United States House of Rep- Bilirakis Coffman (CO) Gardner resentatives, (6th edition, page 135). Here’s Bishop (GA) Cole Garrett taxpayer but also to make sure that how the Republicans describe the previous Bishop (UT) Conaway Gerlach jobs and investment in this economy in question vote in their own manual: ‘‘Al- Black Conyers Gibbs the future are very bright. Blackburn Cravaack Gibson though it is generally not possible to amend Bonner Crawford Gingrey (GA) I applaud my colleagues for coming the rule because the majority Member con- Bono Mack Crenshaw Gohmert down to help debate this bill. I encour- trolling the time will not yield for the pur- Boren Culberson Goodlatte age a ‘‘yes’’ vote on the rule. pose of offering an amendment, the same re- Boustany Cummings Gosar The material previously referred to sult may be achieved by voting down the pre- Brady (TX) Davis (KY) Gowdy vious question on the rule. . . . When the Brooks Denham Granger by Mr. POLIS is as follows: motion for the previous question is defeated, Broun (GA) Dent Graves (GA) AN AMENDMENT TO H. RES. 203 OFFERED BY Buchanan DesJarlais Graves (MO) control of the time passes to the Member Bucshon Diaz-Balart Griffin (AR) MR. POLIS OF COLORADO who led the opposition to ordering the pre- Buerkle Dold Griffith (VA) At the end of the resolution, add the fol- vious question. That Member, because he Burgess Dreier Grimm lowing new sections: then controls the time, may offer an amend- Burton (IN) Duffy Guinta

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Sutton Issa Murphy (PA) Scott (SC) Scott (SC) Woolsey Hinchey Mulvaney Sarbanes Thompson (CA) Jenkins Myrick Scott, Austin Scott (VA) Wu Huelskamp Murphy (PA) Schakowsky Tierney Johnson (IL) Neugebauer Sensenbrenner Scott, Austin Huizenga (MI) Myrick Schiff Tonko Yarmuth Johnson (OH) Noem Sessions Sensenbrenner Hultgren Neugebauer Johnson, Sam Nugent Shimkus Sessions NOT VOTING—8 Hunter Noem Jones Nunes Shuler Hurt Nugent Shimkus Andrews Giffords Sanchez, Loretta Jordan Nunnelee Shuster Issa Nunes Shuster Baca Meeks Young (FL) Kelly Olson Simpson Jackson (IL) Nunnelee Simpson Frelinghuysen Olver King (IA) Palazzo Smith (NE) Jenkins Olson Smith (NE) King (NY) Paul Smith (NJ) Johnson (IL) Palazzo Smith (NJ) b 1423 Kingston Paulsen Smith (TX) Johnson (OH) Paul Smith (TX) Kinzinger (IL) Pearce Southerland Johnson, Sam Paulsen Southerland Messrs. CRITZ, INSLEE, Ms. Kissell Pence Stearns Jones Payne Stearns MOORE, and Ms. WOOLSEY changed Kline Peterson Stivers Jordan Pearce Stivers their vote from ‘‘yea’’ to ‘‘nay.’’ Labrador Petri Stutzman Kelly Pence Stutzman Messrs. CLEAVER, RUSH, WATT, Lamborn Pitts Sullivan King (IA) Peterson Sullivan Lance Platts Terry King (NY) Petri Terry SCOTT of Virginia, JACKSON of Illi- Landry Poe (TX) Thompson (PA) Kingston Pitts Thompson (MS) nois, RICHMOND, CUMMINGS, Ms. Lankford Pompeo Thornberry Kinzinger (IL) Platts Thompson (PA) CHU, and Ms. BASS of California Latham Posey Tiberi Kline Poe (TX) Thornberry changed their vote from ‘‘nay’’ to LaTourette Price (GA) Tipton Labrador Pompeo Tiberi Latta Quayle Turner Lamborn Posey Tipton ‘‘yea.’’ Lewis (CA) Rahall Upton Lance Price (GA) Turner So the previous question was ordered. LoBiondo Reed Walberg Landry Quayle Upton The result of the vote was announced Long Rehberg Walden Lankford Rangel Lucas Reichert Walsh (IL) Walberg as above recorded. Latham Reed Walden Luetkemeyer Renacci Webster LaTourette Rehberg Walsh (IL) The SPEAKER pro tempore (Mr. Lummis Ribble West Latta Reichert Lungren, Daniel Rigell Westmoreland Waters WOMACK). The question is on the reso- Lee (CA) Renacci E. Rivera Whitfield Watt Lewis (CA) Ribble lution. Mack Roby Wilson (SC) Webster LoBiondo Richardson The question was taken; and the Manzullo Roe (TN) Wittman West Long Richmond Marchant Rogers (AL) Wolf Westmoreland Speaker pro tempore announced that Lucas Rigell the ayes appeared to have it. Marino Rogers (KY) Womack Luetkemeyer Rivera Whitfield Matheson Rogers (MI) Woodall Lummis Roby Wilson (SC) RECORDED VOTE McCarthy (CA) Rohrabacher Yoder Lungren, Daniel Roe (TN) Wittman Mr. POLIS. Mr. Speaker, I demand a McCaul Rokita Young (AK) E. Rogers (AL) Wolf McClintock Rooney Young (IN) Mack Rogers (KY) Womack recorded vote. Manzullo Rogers (MI) Woodall A recorded vote was ordered. NOES—172 Marchant Rohrabacher Yoder The SPEAKER pro tempore. This is a Ackerman Deutch Langevin Marino Rokita Young (AK) 5-minute vote. McCarthy (CA) Rooney Young (IN) Baldwin Dicks Larsen (WA) The vote was taken by electronic de- Barrow Dingell Larson (CT) NAYS—158 vice, and there were—ayes 250, noes 172, Bass (CA) Doggett Lee (CA) Becerra Doyle Levin Ackerman Doggett Kucinich not voting 10, as follows: Berkley Edwards Lewis (GA) Baldwin Donnelly (IN) Langevin [Roll No. 231] Bishop (NY) Ellison Lipinski Barrow Doyle Larsen (WA) Blumenauer Engel Loebsack Becerra Ellison Larson (CT) AYES—250 Boswell Eshoo Lofgren, Zoe Berkley Engel Levin Adams Calvert Fitzpatrick Brady (PA) Farr Lowey Berman Eshoo Lewis (GA) Aderholt Camp Flake Braley (IA) Fattah Luja´ n Bishop (NY) Farr Lipinski Akin Campbell Fleischmann Brown (FL) Filner Lynch Blumenauer Fattah Loebsack Alexander Canseco Fleming Butterfield Frank (MA) Maloney Boswell Filner Lofgren, Zoe Altmire Cantor Flores Capps Fudge Markey Brady (PA) Frank (MA) Lowey Amash Capito Forbes Capuano Garamendi Matsui Braley (IA) Garamendi Luja´ n Austria Carter Fortenberry Cardoza Gonzalez McCarthy (NY) Brown (FL) Gonzalez Lynch Bachmann Cassidy Foxx Carnahan Green, Al McCollum Capps Green, Al Maloney Bachus Chabot Franks (AZ) Carney Green, Gene McDermott Capuano Green, Gene Markey Barletta Chaffetz Gallegly Carson (IN) Grijalva McGovern Cardoza Grijalva Matheson Bartlett Coble Gardner Castor (FL) Gutierrez McIntyre Carnahan Gutierrez Matsui Barton (TX) Coffman (CO) Garrett Chandler Hanabusa McNerney Carney Hanabusa McCarthy (NY) Bass (NH) Cole Gerlach Chu Hastings (FL) Michaud Castor (FL) Hastings (FL) McCollum Benishek Conaway Gibbs Cicilline Heinrich Miller (NC) Chandler Heinrich McDermott Berg Cravaack Gibson Clarke (MI) Higgins Miller, George Cicilline Higgins McGovern Biggert Crawford Gingrey (GA) Clarke (NY) Himes Moore Clarke (MI) Himes McIntyre Bilbray Crenshaw Gohmert Clay Hinchey Moran Cohen Hinojosa McNerney Bilirakis Critz Goodlatte Cleaver Hinojosa Nadler Connolly (VA) Hirono Michaud Bishop (GA) Culberson Gosar Clyburn Hirono Napolitano Cooper Holden Miller (NC) Bishop (UT) Davis (KY) Gowdy Cohen Holt Neal Costa Holt Miller, George Black Denham Granger Connolly (VA) Honda Owens Costello Honda Moore Blackburn Dent Graves (GA) Conyers Hoyer Pallone Courtney Hoyer Moran Bonner DesJarlais Graves (MO) Cooper Inslee Pascrell Critz Inslee Murphy (CT) Bono Mack Diaz-Balart Griffin (AR) Costa Israel Pastor (AZ) Crowley Israel Nadler Boren Dold Griffith (VA) Costello Jackson (IL) Payne Cuellar Jackson Lee Napolitano Boustany Donnelly (IN) Grimm Courtney Jackson Lee Pelosi Davis (CA) (TX) Neal Brady (TX) Dreier Guinta Crowley (TX) Perlmutter Davis (IL) Johnson (GA) Owens Brooks Duffy Guthrie Cuellar Johnson (GA) Peters DeFazio Johnson, E. B. Pallone Broun (GA) Duncan (SC) Hall Cummings Johnson, E. B. Pingree (ME) DeGette Kaptur Pascrell Buchanan Duncan (TN) Hanna Davis (CA) Kaptur Polis DeLauro Keating Pastor (AZ) Bucshon Ellmers Harper Davis (IL) Keating Price (NC) Deutch Kildee Pelosi Buerkle Emerson Harris DeFazio Kildee Quigley Dicks Kind Perlmutter Burgess Farenthold Hartzler DeGette Kind Rangel Dingell Kissell Peters Burton (IN) Fincher Hastings (WA) DeLauro Kucinich Reyes

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5290 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 Richardson Serrano Vela´ zquez Eshoo Lipinski Rogers (MI) Israel McKinley Schakowsky Richmond Sewell Visclosky Farenthold Long Rohrabacher Jackson (IL) Moore Schock Rothman (NJ) Sherman Walz (MN) Fattah Lowey Rokita Jackson Lee Napolitano Sires Roybal-Allard Sires Wasserman Fincher Lucas Ros-Lehtinen (TX) Pallone Slaughter Ruppersberger Slaughter Schultz Flake Luetkemeyer Roskam Keating Pastor (AZ) Stark Rush Smith (WA) Waters Fleischmann Luja´ n Ross (AR) Kinzinger (IL) Pelosi Sutton Ryan (OH) Speier Watt Fleming Lummis Ross (FL) Kucinich Perlmutter Terry ´ Sanchez, Linda Stark Waxman Flores Lungren, Daniel Rothman (NJ) Lee (CA) Peters Thompson (CA) T. Sutton Lewis (GA) Peterson Weiner Forbes E. Roybal-Allard Thompson (MS) Sarbanes Thompson (CA) LoBiondo Platts Welch Fortenberry Mack Royce Tipton Schakowsky Thompson (MS) Manzullo Loebsack Rahall Wilson (FL) Franks (AZ) Runyan Towns Schiff Tierney Gallegly Marino Ruppersberger Lofgren, Zoe Reed Woolsey Visclosky Schrader Tonko Garamendi Markey Rush Lynch Renacci Wu Walden Schwartz Towns Gonzalez Matheson Ryan (WI) Maloney Rooney Yarmuth Weiner Scott (VA) Tsongas Goodlatte McCarthy (CA) Scalise Matsui Ryan (OH) Scott, David Van Hollen Gosar McCarthy (NY) Schiff McCotter Sa´ nchez, Linda Wu McDermott T. Young (AK) NOT VOTING—10 Gowdy McCaul Schilling Granger McClintock Schmidt McGovern Sarbanes Andrews Giffords Sanchez, Loretta Graves (GA) McCollum Schrader ANSWERED ‘‘PRESENT’’—1 Baca Meeks Young (FL) Graves (MO) McHenry Schwartz Berman Murphy (CT) Green, Al McIntyre Schweikert Amash Frelinghuysen Olver Green, Gene McKeon Scott (SC) NOT VOTING—12 Griffin (AR) McMorris Scott (VA) b 1431 Griffith (VA) Rodgers Scott, Austin Andrews Gohmert Olver Grimm McNerney Scott, David Frelinghuysen Johnson (GA) Owens So the resolution was agreed to. Guinta Meehan Sensenbrenner Giffords Marchant Sanchez, Loretta The result of the vote was announced Guthrie Mica Serrano Gingrey (GA) Meeks Young (FL) as above recorded. Hall Michaud Sessions b 1439 A motion to reconsider was laid on Hanabusa Miller (FL) Sewell Harper Miller (MI) Sherman Mr. DOLD changed his vote from the table. Hartzler Miller (NC) Shimkus ‘‘yea’’ to ‘‘nay.’’ Hastings (WA) Miller, Gary Shuler f Hayworth Miller, George Shuster So the Journal was approved. Heinrich Moran Simpson The result of the vote was announced THE JOURNAL Hensarling Mulvaney Smith (NE) as above recorded. Herger Murphy (CT) Smith (NJ) The SPEAKER pro tempore. Pursu- Herrera Beutler Murphy (PA) Smith (TX) f ant to clause 8 of rule XX, the unfin- Higgins Myrick Smith (WA) PERSONAL EXPLANATION ished business is the question on agree- Hinojosa Nadler Southerland Holden Neal Speier ing to the Speaker’s approval of the Mr. ANDREWS. Mr. Speaker, on rollcall No. Holt Neugebauer Stearns 229 on a motion to adjourn, I am not recorded Journal, which the Chair will put de Hoyer Noem Stivers novo. Huelskamp Nugent Stutzman because I was absent. Had I been present, I The question is on the Speaker’s ap- Huizenga (MI) Nunes Sullivan would have voted ‘‘aye.’’ Hultgren Nunnelee Thompson (PA) Mr. Speaker on rollcall No. 230 on ordering proval of the Journal. Hunter Olson Thornberry the previous question (H.R. 910), I am not re- The question was taken; and the Hurt Palazzo Tiberi corded because I was absent. Had I been Speaker pro tempore announced that Issa Pascrell Tierney Jenkins Paul Tonko present, I would have voted ‘‘nay.’’ the ayes appeared to have it. Johnson (IL) Paulsen Tsongas Mr. Speaker on rollcall No. 231 on H. Res. Mr. MCGOVERN. Mr. Speaker, on Johnson (OH) Payne Turner 203, I am not recorded because I was absent. that I demand the yeas and nays. Johnson, E. B. Pearce Upton Johnson, Sam Pence Van Hollen Had I been present, I would have voted, The yeas and nays were ordered. Jones Petri Vela´ zquez ‘‘nay.’’ The SPEAKER pro tempore. This is a Jordan Pingree (ME) Walberg Mr. Speaker on rollcall No. 232 on the Jour- Kaptur Pitts Walsh (IL) 5-minute vote. nal, I am not recorded because I was absent. The vote was taken by electronic de- Kelly Poe (TX) Walz (MN) Kildee Polis Wasserman Had I been present, I would have voted, vice, and there were—yeas 321, nays 98, Kind Pompeo Schultz ‘‘nay.’’ answered ‘‘present’’ 1, not voting 12, as King (IA) Posey Waters follows: King (NY) Price (GA) Watt f Kingston Price (NC) Waxman [Roll No. 232] Kissell Quayle Webster GENERAL LEAVE YEAS—321 Kline Quigley Welch Mr. UPTON. Mr. Speaker, I ask unan- Labrador Rangel West imous consent that all Members may Adams Braley (IA) Conaway Lamborn Rehberg Westmoreland Aderholt Brooks Connolly (VA) Lance Reichert Whitfield have 5 legislative days to revise and ex- Akin Broun (GA) Cooper Landry Reyes Wilson (FL) tend their remarks on the legislation Alexander Brown (FL) Costello Langevin Ribble Wilson (SC) that we are about to take up, H.R. 910, Austria Buchanan Courtney Lankford Richardson Wittman Baca Bucshon Crawford Larsen (WA) Richmond Wolf and to insert extraneous material on Bachmann Buerkle Crenshaw Larson (CT) Rigell Womack the bill. Bachus Burton (IN) Critz Latham Rivera Woodall The SPEAKER pro tempore (Mr. Barletta Butterfield Cuellar LaTourette Roby Woolsey NUGENT). Is there objection to the re- Barrow Calvert Culberson Latta Roe (TN) Yarmuth Bartlett Camp Davis (CA) Levin Rogers (AL) Yoder quest of the gentleman from Michigan? Barton (TX) Campbell Davis (IL) Lewis (CA) Rogers (KY) Young (IN) There was no objection. Bass (NH) Canseco Davis (KY) f Becerra Cantor DeGette NAYS—98 Benishek Capito DeLauro Berg Capps Denham Ackerman Costa Garrett ENERGY TAX PREVENTION ACT OF Berkley Carnahan DesJarlais Altmire Cravaack Gerlach 2011 Berman Carney Deutch Baldwin Crowley Gibbs The SPEAKER pro tempore. Pursu- Biggert Carson (IN) Diaz-Balart Bass (CA) Cummings Gibson Bilbray Carter Dicks Bishop (NY) DeFazio Grijalva ant to House Resolution 203 and rule Bilirakis Cassidy Dingell Boswell Dent Gutierrez XVIII, the Chair declares the House in Bishop (GA) Castor (FL) Doggett Brady (PA) Dold Hanna the Committee of the Whole House on Bishop (UT) Chabot Doyle Burgess Donnelly (IN) Harris Black Chaffetz Dreier Capuano Duffy Hastings (FL) the state of the Union for the consider- Blackburn Chandler Duncan (SC) Cardoza Farr Heck ation of the bill, H.R. 910. Blumenauer Cicilline Duncan (TN) Chu Filner Heller Bonner Clay Edwards Clarke (MI) Fitzpatrick Himes b 1441 Bono Mack Coble Ellison Clarke (NY) Foxx Hinchey IN THE COMMITTEE OF THE WHOLE Boren Coffman (CO) Ellmers Cleaver Frank (MA) Hirono Boustany Cohen Emerson Clyburn Fudge Honda Accordingly, the House resolved Brady (TX) Cole Engel Conyers Gardner Inslee itself into the Committee of the Whole

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5291 House on the state of the Union for the Power plants will be forced to comply that carbon pollution endangers health consideration of the bill (H.R. 910) to with strict new emission caps. You will and the environment. Our Nation’s top amend the Clean Air Act to prohibit have to purchase expensive new equip- scientists at the National Academy of the Administrator of the Environ- ment to retrofit their facilities. We all Sciences agree with this finding and so mental Protection Agency from pro- know the costs have nowhere to go ex- do scientists around the world. mulgating any regulation concerning, cept on families’ and businesses’ Yet this legislation repeals that sci- taking action relating to, or taking monthly utility bills. entific finding. That’s something no into consideration the emission of a And it is about gas prices. The refin- Congress has ever done. greenhouse gas to address climate ers that turn oil into gasoline will also We need an energy policy based on change, and for other purposes, with be caught into the web of costly regs. science, not science fiction. With oil at Mr. WOMACK in the chair. When it costs more to make gasoline, $100 per barrel and rising, the Middle The Clerk read the title of the bill. it costs more to buy gasoline. And with East in turmoil and a nuclear crisis in The CHAIR. Pursuant to the rule, the prices already at $4 a gallon across Japan, we urgently need clean energy bill is considered read the first time. much of the country, the last thing policies. We need more vehicles that The gentleman from Michigan (Mr. that our families need is government run on electricity, natural gas, and re- UPTON) and the gentleman from Cali- policies designed to make the price at newable fuels. We need more wind and fornia (Mr. WAXMAN) each will control the pump even higher. solar power, and we need more energy 30 minutes. I am from Michigan. I know what a efficiency. The Chair recognizes the gentleman struggling economy, indeed, looks like. What we need is to work together to from Michigan. And I think that it is a travesty that develop energy policies that reduce our dependence on foreign oil and protect Mr. UPTON. Mr. Chairman, I yield this government is deliberately impos- the health of American families. In- myself 3 minutes. ing policies that are going to harm job stead, we are pursuing a divisive, par- Mr. Chairman, last November, Amer- creators and working families. tisan bill that takes us in exactly the icans spoke with a very clear voice. And for what, Mr. Chairman, for They told us that we needed to get the wrong direction. what? EPA Administrator Lisa Jack- This extreme legislation won’t pass country working again. They told us son herself admits that U.S. regulation in the Senate and, if it did, it would be that Big Government was not the solu- of greenhouse gases will not affect vetoed by President Obama. tion. They told us to lead or get out of global climate conditions. The only en- It is a distraction from the impera- the way on the economy, and our side vironmental impact may be to ship our tive of developing new sources of en- got it, particularly with the cap-and- jobs to countries with no environ- ergy that will break our dependence on trade vote in the last Congress. mental protections at all, so, Mr. foreign oil, protect our health and pre- Well, Mr. Chairman, today the House Chairman, at the end of the day the serve our environment. has a chance again to vote for a bill EPA climate regime is all economic Americans want clean air to breathe that directly responds to the demands pain and no environmental gain. and sensible, science-based limits on of the American people. This legisla- So let’s pass this bill today and get carbon pollution. tion will remove the biggest regulatory the American economy back on track. I urge all Members to oppose this leg- threat to the American economy. This I reserve the balance of my time. islation. is a threat imposed not by Congress, Mr. WAXMAN. Mr. Chairman, I yield I reserve the balance of my time. but entirely by the Obama Environ- myself 3 minutes. Mr. UPTON. Mr. Chairman, I yield 3 mental Protection Agency. Since the Clean Air Act was adopted minutes to the chairman emeritus of We all know that this administration 40 years ago, we have made steady the Energy and Commerce Committee, wanted a cap-and-trade system to regu- progress in cleaning our air and pro- the gentleman from Texas (Mr. BAR- late greenhouse gases, but Congress tecting the public health and welfare. TON). said no. So beginning in early 2009, Today, however, the Clean Air Act is Mr. BARTON of Texas. I thank the EPA began putting together a house of under attack and progress is threat- distinguished chairman. cards to regulate emissions of carbon ened. I rise in strong support of this bill. dioxide. The agency began with auto- The Upton-Inhofe bill is a direct as- I would like to make a few com- mobiles, declaring that their emissions sault on the Clean Air Act. Its premise ments. First of all, the bill before us endangered public health and welfare. is that climate change is a hoax and doesn’t change one sentence or one That single endangerment finding carbon pollution does not endanger paragraph in the Clean Air Act. It has since been used by EPA to launch health and welfare. doesn’t change anything. an unparalleled onslaught. The result, But climate change is real. It is What it does do is prevent the EPA 2 years later, is a series of regulations caused by pollution, and it is a serious from using the Clean Air Act to regu- that will ultimately affect every cit- threat to our health and welfare. We late CO2 as a criteria pollutant under izen, every job creator, every industry, need to confront these realities, not the Clean Air Act. I was in Congress when we passed the Clean Air Act really every aspect of our economy and put our heads in the sands. way of life. American families count on the Envi- amendments back in 1991. I was a co- sponsor of the bill. I worked on the bill Mr. Chairman, this bill is about pro- ronmental Protection Agency to keep in committee, voted for it on the floor. tecting jobs. EPA regulations will hit our air and water clean. But this bill So I am a supporter of a strong Clean our manufacturing sector hard, with has politicians overruling the experts Air Act. direct limits on factory emissions, in- at the Environmental Protection Agen- CO2 is not a criteria pollutant under direct costs from the higher prices to cy, and it exempts our biggest pol- the Clean Air Act. It was never in- power their facilities. luters from regulation. tended to be. It’s only because of a 5–4 It will hit small businesses hard too, If Upton-Inhofe is enacted, the Envi- Supreme Court decision that said the because when the electricity to power ronmental Protection Agency’s ability EPA had to make a decision whether it your business and the gasoline to fuel to control dangerous carbon pollution should be, and then a very flawed EPA your vehicles is more expensive, your will be gutted. endangerment finding, when President profit is less and you hire fewer new That’s why health experts like the Obama became the President, that we employees. That’s why the NFIB, the American Lung Association are op- have an EPA authority, tenuous as it Farm Bureau, NAM, Chamber of Com- posed to this legislation. They know it is, to regulate CO2 under the Clean Air merce, and others, have endorsed H.R. is a polluters’ protection act. It is anti- Act. 910. This is a key vote with many of science, anti-environment, and anti- those different groups. health. b 1450 Mr. Chairman, this bill is also about The Environmental Protection Agen- What this bill does is take us back to energy prices for working families. cy made a scientific determination the original Clean Air Act and say

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5292 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 we’re going to regulate the criteria pol- Mr. RUSH. I want to thank the gen- environmental causes in many, many lutants. But greenhouse gases and CO2, tleman from California for yielding years. Today, we have an opportunity which is a greenhouse gas, are not one this time and recognizing me for this to try to stop their unprecedented of those criteria pollutants. discussion. power grab. Even the longest-serving What are the purported benefits of Mr. Chairman, I am opposed to H.R. Member of this House, the distin- regulating CO2? According to numerous 910, the Upton-Inhofe dirty air act, be- guished Democrat from Michigan, Mr. studies, in terms of the amount of re- cause this bill is an extreme and exces- JOHN DINGELL, whom we all respect and duction in CO2, by the year 2100, which sive piece of legislation, and it is sim- admire, said it would be a glorious is 90 years away, 89 years away, we ply bad public policy. This bill would mess if EPA ever tried to regulate would see a reduction of about 3 parts ignore the warnings from the respected greenhouse gases. Carbon dioxide, one better per billion if we regulated CO2 scientific community simply because of the things they are trying to regu- from the current 380 to 390 parts per policymakers do not like what that late, is necessary for human life. billion. We would see a reduction in science is telling us, and it will place When we had hearings on this issue, temperature by about 0.006 to 0.015 of a earnings and profits above protecting Lisa Jackson, the administrator of degree centigrade, and we would see a the American public. EPA, came to the Congress. And she reduction in sea-level rise by about I applaud the Obama administration said, when asked the question, what 0.007 of a centimeter. In other words, if for making a clear and unequivocal kind of impact would their regulations we spend up to $100 billion a year to statement yesterday that the Presi- have, she said it would have negligible regulate CO2, we get no reduction in dent would veto this bill if it ever made impact on solving global warming un- parts per billion, we get no reduction it to his desk. less other nations were willing to act in temperature, and we get no reduc- Mr. Chairman, every respected and as well. tion in sea level. But we do get a huge every notable scientific organization, Now, what this really gets down to is cost to the economy every year. including the National Academy of about coal, because coal in America This bill is a commonsense bill that Sciences, the American Association for produces 52 percent of our electricity. simply says the Clean Air Act is the the Advancement of Science, the In China, coal produces about 80 per- Clean Air Act, and let’s use it to regu- American Geophysical Union, the cent of their electricity. Electricity is late sulfur dioxide, and let’s use it to American Meteorological Society, the produced at the lowest rate with coal. regulate lead and particulate matter U.S. Global Change Research Program, And that is necessary if America is and ozone, but let’s not use it to regu- as well as the Intergovernmental Panel going to be competitive in the global late a naturally-occurring compound on Climate Change, are all in agree- marketplace. That’s why today you see which is necessary for life and which ment that manmade greenhouse gases China expanding its coal marketing helps us all. do contribute to climate change, and and coal utilities to produce elec- Please vote against all the amend- that these impacts can be mitigated tricity. That’s why in China you see so ments, and please vote for this very through policy to curb these emissions. many jobs being produced because they commonsense bill when we get to final Additionally, Mr. Chairman, many of produce at a very low cost. passage. the Nation’s top public health advo- This legislation will stop EPA from The Environmental Protection Agency (EPA) cacy groups, including the American driving up electricity costs in America. is proposing to regulate carbon dioxide emis- Lung Association and the American It will make it less likely that we are sions under the Clean Air Act. Reports from Public Health Association, as well as going to continue to lose jobs to China the U.S. Chamber of Commerce and even the leading civil rights groups, such as the if we stop EPA. And I would remind all Senate Committee on Environment and Public NAACP and the Environmental Law of you that when Gina McCarthy, the Works estimate that the cost of these pro- and Poverty Center, have all come out air quality director of EPA, came to posed regulations will be about $78 billion per strongly against this bill saying that it Congress, she said herself that trying year. The regulations will affect industries, would leave our most vulnerable citi- to regulate greenhouse gases in Amer- farms, hospitals, office buildings, and hotels to zens and our most vulnerable commu- ica just for the enforcing arms of the name just a few. The regulations will ad- nities unprotected if this bill were to greenhouse gas bill, which would be versely affect our ability to produce energy become law. every State in America, would cost the and structural materials. As this USA Today poster here high- enforcing agencies $24 billion, not in- According to the EPA, the regulations will lights, Mr. Chairman, there are so cluding the additional cost to all of the have this estimated effect: ‘‘Based on the re- many more benefits in acting to ad- utility companies, those people who analysis the results for projected atmospheric dress climate change, as the science have boilers, farmers, others, the addi- CO2 concentrations are estimated to be re- tells us we must do—including energy tional costs that it would provide for duced by an average of 2.9 ppm (previously independence, sustainability, cleaner them. 3.0 ppm), global mean temperature is esti- air and water, and a healthier, more vi- So if we want America to be competi- mated to be reduced by 0.006 to 0.015 ° C by brant, more robust populace, just to tive, to create jobs, to compete with 2100 (previously 0.007 to 0.016 ° C and sea- name a few—than the option, which is China, we must stop this out-of-control level rise is projected to be reduced by ap- living with the status quo and hoping EPA. And that is precisely what this proximately 0.06–0.14cm by 2100 (previously beyond hope that the majority of the legislation is designed to do. We’re not 0.06–0.15cm).’’—Federal Register 75, page world’s scientists are just plain wrong. changing the Clean Air Act in any way. 25,495. Mr. Chairman, I am opposed to this Ambient air quality, all of those If we add up the yearly costs, then by the bill because the science compels me to things, will still be in force. year 2100, we will have spent about $7 trillion be opposed to this bill. And I urge all of So I would urge passage of this legis- to possibly make us cooler by 0.015 degrees my colleagues, every one of you all, to lation. Centigrade. This doesn’t seem to be much of vote against this bill. Mr. WAXMAN. Mr. Chairman, I am a benefit as a result of such a high cost. Mr. UPTON. Mr. Chairman, I yield 3 pleased to yield 3 minutes to the gen- The Clean Air Act was never designed to minutes to the chairman of the Energy tleman from Massachusetts (Mr. MAR- regulate GHGs. It is time for us to come to our and Power Subcommittee, the gen- KEY). senses and statutorily forbid the EPA to regu- tleman from Kentucky (Mr. WHIT- Mr. MARKEY. I thank the gen- late greenhouse gases. FIELD). tleman. Mr. WAXMAN. Mr. Chairman, I am Mr. WHITFIELD. I am delighted that I rise in opposition to the dirty air pleased to yield 3 minutes to the rank- we have this opportunity today to de- act, which overturns the scientific ing member on the Energy Sub- bate this important legislation. finding that pollution is harming our committee of the Energy and Com- Over the last 2 years, the Environ- people and our planet. But as long as merce Committee, the gentleman from mental Protection Agency has been the Republicans are making an ideological Illinois (Mr. RUSH). most aggressive agency representing decision to overturn scientific reality,

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5293 I wonder if the Republicans could offer For the climate change believers, of compliance costs to utilities, refin- an amendment overturning inconven- their plan is simple: price carbon fuels eries and more. ient geological reality as well. Let’s so we drive this new world of peace, se- However, what I want to talk about tell the United States Geological Sur- curity, and green energy. But they today is how it relates to rural Amer- vey that Congress doesn’t believe that have forgotten one thing: they destroy ica and agriculture, particularly in the United States only has 2 percent of jobs in doing that. These are well- Colorado. The EPA has time and time the world’s oil as well. What the Re- known miners who lost their jobs the again said agriculture is exempt. If ag- publican majority is bringing to the last time we did it. Thousands of coal riculture is exempt, then why did the House floor today is almost as absurd. miners in Illinois lost their jobs. Even Rural Electric Association in my dis- Republicans want our only weapon in the greenhouse gas debate, it would trict write to me and say it will cost against OPEC to be a bumper sticker add 50 cents to a gallon of gas. Does farmers and ranchers in my State an slogan, ‘‘Drill, Baby, Drill.’’ Well, I that create jobs? That destroys jobs. additional $1,700 a year to irrigate have news for my Republican friends. We are trying to price energy, and all their land, if the carbon bill were to We are drilling, baby. U.S. oil produc- costs go up. pass this Congress last year and be tion is at its highest level in nearly a So if you are concerned about the signed into law by the President; $1,700 decade. Domestic natural gas produc- economy and you are concerned about a year, that carbon legislation would tion is at an all-time high. But we will jobs, this is the perfect bill to support. have cost farmers and ranchers in my never be able to drill our way out of Mr. WAXMAN. Mr. Chairman, I yield State. By 2030, it would have cost them this problem. 11⁄2 minutes to my colleague, the gen- an additional $7,000 a year for one What Republicans fail to acknowl- tlewoman from California (Mrs. meter to run their irrigation. That’s edge is that a clean energy revolution CAPPS). costing agriculture. That’s costing is already underway. Take a look at Mrs. CAPPS. Mr. Chairman, I rise in jobs. the new electrical generating capacity strong opposition to the dirty air bill. Instead of becoming the Environ- we’ve been installing in the United Once again the House is considering States in the last 4 years—the last 4 mental Protection Agency, the EPA is legislation that has little to no chance becoming the ‘‘Everyone Pays a Lot years. Eighty percent of all new elec- of becoming law. Meanwhile, the public trical-generating capacity has been Agency.’’ wants us to focus on job creation. But Mr. WAXMAN. Mr. Chairman, that natural gas, 33,000 new megawatts; and the leadership of this House isn’t lis- wind, 28,000 new megawatts. information is incorrect. I would like tening. The only job they seem inter- to see a letter that pertains to this b 1500 ested in is the one they want EPA not EPA action. I think it might have been This is the last 4 years, ladies and to do: protect the public’s health. It is a letter related to a different piece of gentlemen. Coal is down to 10,000, but not surprising that many of our Na- legislation. rising very quickly. Solar at nearly tion’s biggest polluters have asked for I am now pleased to yield 2 minutes 2,000 megawatts; biomass at nearly this bill. It lets them keep polluting. to the gentlewoman from California But what is surprising is with this 1,000 megawatts. In other words, there (Ms. ESHOO). bill we are rejecting scientific con- is a revolution that is already under Ms. ESHOO. I thank the very distin- sensus. Even George W. Bush’s EPA way. The only problem is, there is no guished ranking member of the House agreed that carbon pollution threatens long-term policy or certainty that has Energy and Commerce Committee. been put on the books. All we have are the public’s health. Mr. Chair, H.R. 910 will increase the Mr. Chairman, I rise in very, very the Republicans fighting as hard as strong opposition to this bill, H.R. 910. they can to prevent this revolution pollution that triggers asthma attacks, I can’t help but think as I listen to from coming to fruition so that we can respiratory illness, and premature what is being said on the other side dramatically reduce the amount of deaths. It will hobble America’s efforts that they are sitting in a car looking greenhouse gases that warm our plan- to compete in the global energy mar- in the rearview mirror, and they think et, back out the oil that OPEC wants ketplace. they see the future. There is a reason to send us, and create a new, clean en- Earlier this year, the President stood why people on this side of the aisle are ergy revolution here in America that on this House floor and talked about opposed to this bill and call it the dirty produces jobs for Americans. winning the future, about tapping into This arbitrary rejection of scientific America’s genius for innovation, and air bill, because that’s exactly what it fact will not cause the gross domestic he used clean energy as a central exam- is. And so instead of helping to create product to rise or for unemployment to ple because it will help our economy jobs for the American people, which is fall. But here is what their bill will do: grow. It will help America compete their top priority, their very, very top it will lead to higher pollution levels, globally and protect the health and priority, what is the gift of the new which will rise; oil imports, which will quality of life for all Americans. majority, dirty air. That’s why the rise; temperatures, which will rise; job Let’s not obstruct the EPA from American Lung Association is vehe- creation domestically, which will actu- doing its job of protecting the public’s mently opposed to this bill. The Amer- ally go down. health. Let’s not stick our heads in the ican Public Health Association is vehe- Vote ‘‘no’’ on this assault on science, sand about the dangers of climate mently opposed to this bill. Former on public health, and on the American change. Let’s not turn away from senior military officers, environmental economic competitiveness that allows meeting this challenge, rather, use it organizations, and scientists all a revolution to take off, which makes to build dominance in the global indus- strongly oppose the bill. it possible for us to solve the problems try of clean energy. Now, guess who is for it. Guess who is of employment, national security, and I urge my colleagues to vote ‘‘no’’ on for it, America. Big Oil because it will a dangerously warming planet. this terrible bill. increase the demand for oil and do Mr. UPTON. Mr. Chairman, I yield 1 Mr. UPTON. Mr. Chairman, I yield 1 nothing to reduce what consumers minute to the chairman of the Envi- minute to the gentleman from Colo- spend on gasoline. This bill would put ronment and the Economy Sub- rado (Mr. GARDNER). an end to future cost savings because committee, the gentleman from Illi- Mr. GARDNER. Mr. Chairman, I rise both the EPA and States would be pro- nois (Mr. SHIMKUS). today in support of H.R. 910, the En- hibited from updating the standards Mr. SHIMKUS. Mr. Chairman, it is ergy Tax Prevention Act. Without this that they have already set. great that we have this chance to be on bill, the EPA is going to outsource jobs One would think that during this the floor today to really address one of and business with greenhouse gas regu- time of rising gas prices and the tur- the most important job-creating pieces lations, not to mention placing huge fi- moil in the Middle East, that we would of legislation we have brought to the nancial burdens on consumers who will be voting on legislation to decrease our floor, and that is this legislation today. see energy prices skyrocket as a result dependence on foreign oil, voting to

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5294 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 drive innovation in clean energy indus- Mr. INSLEE. Mr. Chairman, we Mr. WAXMAN. Mr. Chairman, I am tries, and voting to ensure future secu- should oppose this dirty air act because pleased to yield 2 minutes to a distin- rity and energy independence and leave it would suggest that we are a nation guished member of our committee, the the next generation of Americans with in a deep and dangerous sleep, dozing gentlewoman from the Virgin Islands a healthy world. Instead, we are voting in the face of disastrous pollution, (Mrs. CHRISTENSEN). on a bill to gut the Clean Air Act. I slumbering while our children are rid- Mrs. CHRISTENSEN. I thank the think this is all heavy evidence for dled with asthma. It’s time for Amer- ranking member for yielding. Members of the House to oppose the ica to wake up, get up out of our com- Mr. Chairman, as the representative dirty air act. fortable beds of denial, and get to work of a district that has one of the highest Mr. UPTON. Mr. Chairman, I yield 2 building a new, clean economy. greenhouse gas emission levels per minutes to the former chairman of the It’s time to wake up, America. The square mile in the United States and Natural Resources Committee and the Chinese are not sleeping while they the Caribbean, I rise in strong opposi- current ranking member on the Trans- build five times more wind turbines tion to H.R. 910, appropriately known portation Committee, the gentleman than us. The Germans are not sleeping as the Dirty Air Act. from West Virginia (Mr. RAHALL). building more solar panels. The Indians As a physician and as a person who Mr. RAHALL. I thank the chairman are not sleeping who are restricting has been trained to make decisions on for yielding the time to me, and I ap- carbon pollution. It is time to wake up. sound science, I have to reject this leg- preciate his and his committee’s work Nobody in human history has ever won islation that is based wrongly on the on this legislation. a race while asleep. And that’s why it’s premise that there is no science that Mr. Chairman, I don’t think anybody time for a national awakening by re- supports the court’s decision that in this body is for dirty air or dirty jecting this bill. It’s a time to put engi- greenhouse gases are injurious to the water or any of the adjectives that neers to work on clean energy. It’s a public health. That premise is wrong. have been used to describe the sup- time to help businesspeople to grow Once again, our Republican colleagues porters of this legislation. Certainly businesses. It’s a time to help students deny sound science in their attempt to the Clean Water Act and Clean Air Act learn new technology. achieve misguided and, in this case, and other worthy pieces of legislation It is an irony, but it’s true: You can harmful political ends. Leading sci- that Congress has passed over the dec- only dream while you’re asleep, but entific academies, associations, and ades have worthy goals and have you can only realize a dream when think tanks have all clearly docu- achieved tremendous progress for this you’re awake. mented a clear connection between country. And there is not a person in We should believe in American these gases and poorer health. They this country, I dare say, that would exceptionalism. We are exceptional in make just as clear a connection of want to renege on a lot of the positive innovation, exceptional in entrepre- these gases to the acceleration of cli- initiatives that have been achieved neurship, exceptional in pioneering mate change, which adds another di- under these pieces of legislation. technology. And if we do these things, mension of health challenges, some of b 1510 the sun we see on the horizon will be a which we are already facing today. No singular government agency, how- sunrise, not a sunset. It will be a sign My colleagues on the other side of ever, is sufficiently positioned to tack- of an awakening nation. We’ll do this the aisle tend to attribute the findings le the complex solution required to ad- because we will know and America can to the EPA administrator, but it is not dress carbon emissions. The answer has know the profound satisfaction of she who has determined that these to be multipronged. It must involve in- building a clean energy economy and harm the public health. It was the sci- novation and investment in addition to producing children free of asthma rath- entific community, respected experts reductions. It must be crafted taking er than increasing it like this dirty air in the field. into account the realities of the effect act. Mr. Chairman, the reduction of that emission reductions will have on Vote ‘‘no’’ against this small-minded greenhouse gases is particularly impor- the economic recovery this country is exercise in pessimism. Vote ‘‘no’’ and tant to the poor and racial and ethnic currently experiencing and on jobs, es- embrace the optimism that is inherent minorities, as it has been shown that pecially in the heartland of America. in our national character. polluting industries are more often lo- These are not matters that the EPA is Mr. UPTON. Mr. Chairman, I yield 1 cated in or near our communities. required to consider or equipped to ad- minute to the gentlelady from Ten- In committee, and I suppose today, dress. nessee (Mrs. BLACKBURN), a member of you will hear a lot of talk about CO2, To simply allow the EPA to move the committee. but that is not the only greenhouse gas ahead on its own in crafting a national Mrs. BLACKBURN. Mr. Chairman, I that we’re concerned about. This harm- strategy on climate change is a recipe rise in support of the legislation and ful group of gases also includes meth- for disaster. It assures a lopsided solu- thank our chairman, the gentleman ane, nitrous oxide, hydrofluorocarbons, tion to a broad and cumbersome chal- from Michigan, for bringing it forth perfluorocarbons, and sulfur lenge. And, what may be worse, it does and bringing forth a bill that will limit hexafluoride. not provide for the kind of trans- the EPA’s regulatory overreach. It is The Virgin Islands have seen dra- parency and the kind of public input important that we do. This is an issue matic increases in asthma and cancers that is needed for a viable, long-term that has been going on since 2007, when as the presence of these gases has in- solution. the Supreme Court gave the EPA per- creased. There is no way I can support It is one of the eternal truths of our mission to regulate greenhouse gases. this bill. No one should support it. We form of government, Mr. Chairman, At that point, I introduced a bill that have a responsibility to protect the that the public has to be involved, it would have stopped the EPA. Unfortu- health of the American public. I urge has to be informed, and the public nately, Congress didn’t act and the my colleagues to reject H.R. 910 and to must be engaged. This legislation is EPA has now issued a final rule, and vote ‘‘no’’ to dirty air. crystal clear in its message that the there will be more rules and regula- NATIONAL ASSOCIATION FOR THE EPA has gotten ahead of public opinion tions on the way if Congress does not ADVANCEMENT OF COLORED PEOPLE, and that the Congress now has a re- step in and take action to stop this. March 23, 2011. sponsibility to pull it back. I am grateful that we are stepping MEMBERS, I support this legislation, and I urge forward and making certain that this House of Representatives, authority returns to Congress. I urge Washington, DC. its passage today. Re: NAACP Opposes H.R. 910, the Energy Tax Mr. WAXMAN. Mr. Chairman, I am my colleagues to vote for H.R. 910 and Prevention Act of 2011 very pleased to yield 2 minutes to the reassert Congress’s authority over this DEAR REPRESENTATIVE: On behalf of the gentleman from Washington (Mr. INS- issue, as it should be, and take it away NAACP, our nation’s oldest, largest and LEE). from unelected bureaucrats. most widely recognized grassroots-based

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5295 civil rights organization, I am writing in op- On April 2, 2007, the Supreme Court in Let’s address carbon so that we don’t have to position to H.R. 910, the Energy Tax Preven- Massachusetts v. EPA held that greenhouse worry about what the EPA is doing and wheth- tion Act of 2011. If enacted as written, H.R. gases, including carbon dioxide, are ‘‘air pol- er they will be sued by outside groups to fur- 910 would block the ability of the U.S. Envi- ronmental Protection Agency (EPA) to re- lutants’’ under the Clean Air Act. As a result, ther regulate these industries or move up al- duce greenhouse gases under the authority of the EPA was legally obligated to determine ready announced dates for rulemaking. This the Clean Air Act. whether greenhouse gas emissions from Congress has the power to be 100% in control For more than 40 years, the EPA has used motor vehicles could be reasonably antici- of giving our manufacturing base the regu- the authority granted to it by the Clean Air pated to endanger public health or welfare. If latory certainty it needs. Cap and Trade legis- Act to protect our health and our environ- the EPA made a positive finding, then it would lation will not pass this Congress, but I believe ment. EPA actions to reduce greenhouse gas emissions are therefore appropriate, and also have to issue regulations to reduce such a solution can be found for controlling carbon should in fact be supported. If successful the emissions. emissions by using nuclear and natural gas to reduction of greenhouse gases will help slow On December 7, 2009, the EPA issued its generate electricity. global warming, improve Americans’ health endangerment finding. The finding was based As such, I encourage my colleagues to vote and create new jobs. on a 200–page synthesis of major scientific against this bill and instead, let us pass into The reduction of greenhouse gas emissions assessments authored by not only the Inter- law a bipartisan, comprehensive carbon con- is especially important to racial and ethnic minorities, as we are disproportionately af- governmental Panel on Climate Change, but trol program that regulates emissions with the fected by the negative consequences of glob- also by the U.S. Global Change Research least disruption to our economy. al warming socially, economically, and Program, the U.S. Navy, the U.S. Department Mr. WAXMAN. Mr. Chairman, I yield through our health and well-being. One need of Agriculture, the National Research Council, 2 minutes to the gentleman from Or- look no further than Hurricane Katrina and NOAA, NASA, the U.S. Fish and Wildlife Serv- egon (Mr. BLUMENAUER). its tragic aftermath to see that African ice, the CDC, the U.S. Geological Survey, the Mr. BLUMENAUER. I appreciate the Americans and other communities of color National Snow and Ice Data Center, and oth- gentleman’s courtesy. are disproportionately affected by severe Mr. Chairman, I rise in strong opposi- weather and other negative consequences of ers. The EPA’s scientific basis for the finding global warming. More recently, we can look was extensively reviewed by, among others, a tion to this legislation, which makes a to the extreme weather patterns experienced group of leading scientists from federal agen- mockery of science, public health, by much of the United States this past win- cies. international cooperation, the environ- ter, with unseasonable snow, ice and tem- In order to limit the number of industrial ment, the Supreme Court, and Con- peratures well below freezing in Atlanta, GA, sources that would be subject to regulation, gress. and points south. the EPA issued its ‘‘Tailoring Rule’’ last May The problems with this bill start Rather than focus on legislative initiatives which would hinder our nation’s progress in which raised the Clean Air Act statutory with its title, the ‘‘Energy Tax Preven- addressing the dangers of climate change and thresholds to require greenhouse gas permit- tion Act.’’ The bill has nothing to do the resulting social, health and economic ting only for the largest industrial sources of with taxes. I had an amendment to ac- consequences, the NAACP urges the U.S. greenhouse gas emissions from 100/250 tons tually prevent the EPA from imposing Congress to work toward the enactment of to 100,000 tons per year. an energy tax that the Rules Com- comprehensive climate protection and clean In response to these actions, House Energy mittee would not allow. energy legislation that reduces global warm- and Commerce Chairman FRED UPTON intro- b 1520 ing pollution. As such, the NAACP looks for- duced the Energy Tax Prevention Act to strip ward to working with you to ensure that ef- During the rules debate, my col- fective actions are taken. In that vein, I the EPA of its authority to regulate carbon league Mr. SESSIONS from Texas indi- hope that you will feel free to contact me under the Clean Air Act. should you have any questions or comments My two largest concerns with the bill is that cated the committee did not because on the NAACP position. it overturns both the Supreme Court’s finding my amendment was ‘‘not germane’’, Sincerely, that the EPA has the authority to regulate because the bill doesn’t have anything HILARY O. SHELTON, greenhouse gases under the Clean Air Act to do with taxes. Director, NAACP Washington Bureau & and the EPA’s scientific determination that Welcome to another journey down Senior Vice President, Advocacy and Policy. greenhouse gases endanger human health the legislative rabbit hole. Last week, Mr. UPTON. Mr. Chairman, I yield 1 and the environment. the majority pretended that you didn’t minute to the gentleman from North By doing this, the Energy Tax Prevention have to have both Chambers of Con- Dakota (Mr. BERG). Act could also: prohibit EPA from enforcing gress to enact a law. This week, we Mr. BERG. Mr. Chairman, this bill is existing greenhouse gas reporting require- have purposely misleading bill titles. a starting point to lowering energy ments; prevent EPA from taking impacts on The rule, by the way, did waive a costs. This bill encourages private sec- climate change into consideration when ap- point of order on germaneness for a tor investment and will grow jobs. proving alternatives to ozone depleting sub- provision added in committee, but the North Dakota is a leader in energy stances under Title VI of the Clean Air Act and Rules Committee refused to make in development. However, overreaching the Montreal Protocol; create legal uncertainty order an amendment that would actu- EPA regulations threaten not only en- about the status of the recent motor vehicle ally prevent energy taxes. That’s be- ergy producers but consumers as well. cause there is no threat that the EPA The EPA’s efforts to impose a cap- standards adopted by EPA; and call into ques- will impose taxes. Instead, the agency’s and-trade tax threaten to increase the tion EPA’s authority to implement voluntary measured and reasonable approach to price of energy for American families. programs to reduce greenhouse gas emis- update the Clean Air Act to deal with These higher energy costs will also im- sions. carbon pollution will reduce health and pact small business, threatening them I must emphasize that I am opposed to the economic costs. and preventing them from growing the EPA moving forward with regulations on large The tax moniker is not the only economy and creating jobs. utilities and refineries in our country, because Our economy is suffering, and heap- I believe that the Congress should be the de- falsehood being floated about the EPA. ing more taxes on American families cision maker on carbon control issues. How- Supporters have also claimed this bill and imposing new regulations that will ever, we cannot discount the Supreme Court will prevent rising gas prices. The Pul- hurt job creation is not what our coun- decision, say climate change is not an issue itzer Prize-winning PolitiFact has try needs to get back on track. and move on with it, which is the approach the rated this claim false. I firmly support the Energy Tax Pre- Energy Tax Prevention Act takes. Instead, we My colleagues on the other side of vention Act. should pass a bill that would delay the EPA the aisle understand that. They’re tak- Mr. WAXMAN. For the purpose of a from moving forward with these regulations so ing a page from Frank Luntz’ approach unanimous consent request, I yield to that the Congress has time to address this to environmental policymaking. They the gentleman from Texas (Mr. GREEN). issue with input from Members that represent don’t want to have a fact-based debate Mr. GENE GREEN of Texas. Mr. diverse constituencies nationwide. about the EPA’s authority to limit car- Chairman, I rise in opposition to H.R. So I ask my colleagues on the other side of bon pollution. Instead, they’re working 910. the aisle to provide leadership on this front. to perfect the use of poll-tested, wildly

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.000 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5296 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 inaccurate language to attack sound about we be intellectually honest regulations will be paid by anyone who science and to undermine confidence in about this? Let’s rename the bill the turns on a light switch or who plugs in laws that keep us safe. Koch Brothers Appreciation Act of an appliance. I hope my colleagues will join me in 2011. At least then we could clear the We must stop the EPA from con- rejecting this unfortunate piece of leg- air and be honest; but then again, tinuing their spree of overregulating islation and the tactic that is being that’s what this bill is all about, not our economy. During this economic used to advance it. clearing the air but ensuring that it slow-down, we should be adopting poli- Mr. UPTON. Mr. Chairman, I yield 2 stays polluted. cies that seek to rebuild our economy minutes to the distinguished chairman Today, sadly, the other party will at- and create more jobs. We should be pro- of the House Ag Committee, the gen- tempt to pass a bill that denies decades ducing more energy, an all-of-the- tleman from Oklahoma (Mr. LUCAS). of science in order to protect the prof- above energy plan that I know the En- Mr. LUCAS. I rise in support of H.R. its of a few favored corporations. Next, ergy and Commerce Committee is 910. we may hear claims that the Earth is, working on, to increase the domestic Mr. Chairman, for more than 2 years, indeed, flat. production of oil and natural gas and we have watched Obama’s Environ- When Congress passed the Clean Air coal and safe nuclear power and to en- mental Protection Agency try to ex- Act in 1970, it directed the EPA to pro- courage new productions from new pand its authority over American agri- tect the public health and welfare from sources of energy. culture. Most telling of the EPA’s irra- pollution that would alter weather and Let’s make America energy inde- tional regulatory approach is how it climate. In the last 40 years, hundreds pendent. Let’s not raise the cost of en- has concluded that the breath we ex- of peer-reviewed scientific papers have ergy and ship jobs overseas, which will hale and the gas that livestock expels found that global warming is caused by cost millions of American jobs. We are dangerous pollutants and should be humans, is becoming worse, and poses should be doing just the opposite. This regulated under the Clean Air Act. a dire threat to our public health, na- legislation starts us on that path, and During a recent Agriculture Com- tional security and economic vitality. I urge my colleagues to support it. mittee hearing, the EPA Administrator This bill makes Congress the final ar- Mr. WAXMAN. Mr. Chairman, may I said agriculture is currently exempt biter of science. That is a perilous inquire as to how much time is remain- from the proposed regulations because path, Mr. Chairman, to go down, and it ing on each side? the EPA has targeted only the largest repudiates 100 years of bipartisan ef- The CHAIR. The gentleman from greenhouse gas emitters. This doesn’t forts to craft public health legislation California has 10 minutes remaining. provide any certainty to our farmers according to science. Not since the The gentleman from Michigan has 111⁄2 and ranchers, especially since, in a re- Scopes trial has a division of govern- minutes remaining. cent interview, Lisa Jackson was ment waged such an outlandish assault Mr. WAXMAN. I reserve the balance quoted as saying that the EPA will on science. With H.R. 910, Republicans, of my time. begin looking at regulating greenhouse sadly, have aligned themselves with Mr. UPTON. Mr. Chairman, I yield 1 gases from farms as soon as 2013, which that school board in Tennessee and minute to a cosponsor of the bill, the counters her own remarks at that hear- with the Pope who excommunicated gentleman from Oklahoma (Mr. ing. Galileo. BOREN). Additionally, a mythical exemption Mr. UPTON. Mr. Chairman, I yield 2 Mr. BOREN. Mr. Chairman, I rise doesn’t insulate farmers, ranchers and minutes to the distinguished gen- today in support of Chairman UPTON’s rural businesses from the higher en- tleman from Virginia (Mr. GOODLATTE). bill, H.R. 910, a bill to prevent the EPA ergy and operating costs they’ll face Mr. GOODLATTE. I thank the chair- from regulating greenhouse gases. By from other industries hit by these reg- man for yielding me the time and for passing this bill, Congress will rein in ulations. Whether it’s the fuel in the his leadership on this issue. the EPA and save thousands of Amer- tractor, the fertilizer for the crops or I rise in strong support of this legis- ican jobs. the delivery of food to the grocery lation. This is a very sensitive issue to me. store, this backdoor energy tax will in- Despite President Obama stating Georgia-Pacific, a subsidiary of Koch crease the cost of doing business in that he would prefer Congress to take Industries, is the largest employer in rural America. the lead in determining how to handle my hometown of Muskogee, Oklahoma, I urge my colleagues to join me in greenhouse gases, what do you know? employing almost 1,000 Oklahomans. I passing H.R. 910, the Energy Tax Pre- The Environmental Protection Agency am proud of the work Koch Industries vention Act, and protect agriculture has begun their own plan to regulate brings to my district and of its record from EPA’s overreach. This bill will greenhouse gases. of environmental stewardship. I want prevent the EPA from running wild American voters spoke in November, to make sure that Georgia-Pacific em- across America’s farms and from sub- and they clearly rejected the cap-and- ployees keep their jobs and that Koch jecting our producers to more burden- trade agenda that was offered in this can continue to invest in Oklahoma. some regulations that threaten to put Congress last year and that was not Every Member of Congress under- them out of business. Rural America taken up in the United States Senate. stands the delicate balance between has never stopped being a good place to Now we, ourselves, are faced with the creating jobs and preserving the envi- live; so it’s our job to make sure it’s a need to act. So unless Congress acts to ronment, but I ask my colleagues to good place to make a living, too. stop the EPA, this administration and see that the answer to America’s eco- Mr. WAXMAN. Mr. Chairman, I now the Environmental Protection Agency nomic and environmental challenges is yield 2 minutes to the gentleman from will enact their own cap-and-trade-like not a more powerful EPA. Let’s pass Virginia (Mr. CONNOLLY). agenda. the Upton bill and put an end to this Mr. CONNOLLY of Virginia. I thank Without action, the EPA will add job-killing idea. my friend from California for his lead- more regulatory red tape onto Amer- Mr. WAXMAN. Mr. Chairman, I con- ership. ican businesses and manufacturers, tinue to reserve the balance of my Mr. Chairman, I rise today in opposi- hampering the ability of companies to time. tion to H.R. 910. operate competitively in the United My friend Mr. BLUMENAUER made the States. These businesses could be b 1530 point that there is a deliberate mis- forced to move those jobs overseas, to Mr. UPTON. Mr. Chairman, I yield 2 leading title to this bill somehow cyni- locations with fewer regulatory bur- minutes to the gentleman from Min- cally allowing voters to believe that dens, or they could simply pass these nesota (Mr. PETERSON), the former this is about taxes. I had an amend- increased costs on to American con- chairman of the House Ag Committee ment before the Rules Committee that, sumers. Either choice is not good for and now ranking member of that com- unfortunately, was not accepted. How jobs in America. Without action, these mittee.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5297 Mr. PETERSON. Mr. Chairman, I rise Act is due in large part to being en- This bill would stop EPA from regu- today in support of H.R. 910. acted and strengthened based on the lating as it relates to carbon emissions; We recently held a hearing in the Ag- best science available to find effective and EPA has undertaken this because riculture Committee with folks from ways to remove the worst pollutants of a scientific finding that carbon the EPA and from people in agri- from our air. The legislation before us emissions are causing a danger to pub- culture, and the message that we heard today—appropriately nicknamed the lic health and the environment. was pretty clear from agriculture that ‘‘dirty air act’’—would gut the Clean EPA, under the Clean Air Act, has a they believe the EPA needs to be Air Act and prevent EPA scientists wide range of possible regulations, but reined in, not only as regards this bill, from doing their jobs. EPA has decided that they would re- but other measures that are being con- The Clean Air Act was written wisely strict their regulations only to large sidered within the EPA as well. What to allow the safeguards to grow with new sources or expansion of existing this bill will do is hit a pause button on the scientific understanding of the dan- sources of pollution of 100,000 tons per the EPA’s current efforts to regulate gers proposed by various chemicals in year, and that is all. greenhouse gases, and that’s exactly the air and with the technological The CHAIR. The time of the gen- what people in agriculture think we means for controlling those pollutants. tleman has expired. need. Carbon pollution, a couple of years ago, Mr. WAXMAN. Mr. Chairman, I yield I have traveled the country, all over was determined by EPA scientists to myself another 30 seconds. the country, talking to agriculture endanger the health and welfare of the So we heard these claims that they producers both in my district and other American people. EPA scientists are going to come in and regulate in places, and they are concerned about should be allowed to continue their areas where they’re not seeking to reg- what they see coming out of this agen- work. Air pollution is costly in lives ulate, nor have they in fact done it. A cy, the regulations that they are see- and in dollars. new source, emitting 100,000 tons of ing. And what really concerns them is The Clean Air Act is successful. The pollution, is equivalent to burning a that the agency does not seem to un- legislation must be protected. train car load of coal per day. derstand agriculture and, frankly, Mr. UPTON. Mr. Chairman, I yield 1 We hear concern from people from doesn’t seem to want to understand ag- minute to the gentlewoman from West the coal-burning States, but they’re riculture. Virginia (Mrs. CAPITO). not threatened unless there are new Mrs. CAPITO. Mr. Chairman, I rise These proposed regulations we’re see- sources of that magnitude. The oil today in support of H.R. 910, the En- ing from EPA could potentially get in companies are not going to be regu- ergy Tax Prevention Act, which would the way of what agriculture producers lated unless they are going to build a prohibit the EPA from using the Clean are already doing when it comes to new source of that magnitude. Maybe Air Act to regulate greenhouse gases. they are fearful about other regula- conservation of our natural resources. Congress has already said no to a tions, but that is no reason to support American farmers and ranchers rely on cap-and-trade tax, yet the EPA is in- this bill. these resources to provide the world’s tent on taking matters into their own Mr. UPTON. Mr. Chairman, I yield 1 food supply and are committed to pre- hands, which will result in a bleeding minute to the chairman of the Energy serving them for the next generation. of jobs. If the EPA is allowed to con- The EPA claims to be operating in an and Power Subcommittee, the gen- tinue to pick winners and losers in this open and transparent manner, but the tleman from Kentucky (Mr. WHIT- country, we will be seeing higher prices agency is sending mixed messages. At FIELD). at the gas pump, higher utility bills, the recent hearing that I mentioned Mr. WHITFIELD. On this tailoring and job loss. earlier, we were told that agriculture is We should be making it easier, not rule that was adopted by EPA saying currently exempt from proposed regu- harder, for small businesses to expand that they would regulate only those lations, yet press reports have quoted and hire. However, the EPA’s assault emitters of 100,000 tons or more per the administrator since as saying the on fossil fuels will result in higher do- year, that is in direct violation of the EPA will begin looking at regulating mestic energy costs and push American language of the Clean Air Act, which greenhouse gases from farms as soon as jobs overseas. says they have to regulate anything 150 2013. At home in West Virginia, the EPA is to 250 tons per year. If Congress doesn’t do something making it much more expensive to Lawsuits have already been filed about the regulations being imposed on turn on our lights and drive to work; against the EPA of violating the Clean our farmers, ranchers and rural com- that’s not the way to get our economy Air Act, and there is a strong sense munities, the economic effects are back on track. that the tailoring act would be ruled il- going to affect everybody in America. This legislation is of particular im- legal. And if it is, as Gina McCarthy We are being asked to feed more and portance to my constituents in West said, they would have to regulate ev- more people not only in this country, Virginia. The EPA’s regulations will erything in society, including small but around the world. This kind of leg- disproportionately affect our State’s farms, small businesses, everyone. islation, the effect is going to be to economy. West Virginia powers the Na- They do not have the manpower to do make it harder to do that and also to tion. Our energy providers provide it; and as she stated, it would cost the raise the cost on all of the consumers thousands of good-paying jobs, and coal enforcing agencies alone $24 billion, in this country at a time when that’s alone provides over half of our Nation’s and that’s not including the money the last thing that we need. electricity and over 95 percent of the that industries and others would have I encourage my colleagues to support power in my State. to spend to comply with the new regu- H.R. 910. I strongly urge my colleagues to vote lations. So the statement that they Mr. WAXMAN. Mr. Chairman, I am in favor of H.R. 910 to stop the EPA’s will not be impacted is certainly not pleased to yield 1 minute to the gen- regulatory overreach and job-killing settled. tleman from New Jersey (Mr. HOLT). strategies. Mr. WAXMAN. Mr. Chairman, I yield Mr. HOLT. I thank my colleague Mr. WAXMAN. Mr. Chairman, I yield myself 1 minute. from California. myself 1 minute. I want to refute the statements that For 40 years, the Clean Air Act has I want to clarify some statements have just been made. been successful in reducing emissions that have been made that are abso- There is a court doctrine allowing in the atmosphere, pollution that kills lutely inaccurate. EPA to design regulations that are tai- people. Thousands of people are alive There may be Members who are un- lored according to administrative ne- today because of the Clean Air Act. happy about EPA regulations as they cessity, and they need not go beyond None of them know who they are. It hear from their constituents, but that that. might be people in this Chamber, some is not what is involved in this bill The complaint on the other side is of us. And the success of the Clean Air today. that there is a wide-ranging regulation,

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5298 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 but there is not. And there will be an than invest in new energy tech- Mr. MURPHY of Pennsylvania. Okay. amendment offered by Representatives nologies, address carbon pollution, and Here we go. KIND and OWENS to restrict the regula- create clean energy jobs, our friends on When we discussed the cap-and-trade tions by law to what the EPA is imple- the other side are choosing instead to bill, it worked sort of like the Seinfeld menting. deny the problem and take away Amer- show. George Costanza comes to Jerry b 1540 ica’s tools for responding to it. and says, ‘‘You know what we should This bill would overturn auto emis- do with this show, what it should be And I hope the gentleman that spoke sion standards that are making our about?’’ Jerry says, ‘‘What?’’ George just now will vote for that amendment. cars and trucks cheaper to drive and says, ‘‘It’s about nothing.’’ But whether it passes or not, EPA can breaking our independence on foreign Here’s how cap-and-trade works: Fac- tailor its regulation, and they ought oil. This bill would not do a single tory A has something coming out of its not complain about a regulation that’s thing to bring down the price of gas, smokestack; Factory B doesn’t. So not being proposed. They don’t want but it would keep America from saving Factory B sells their ‘‘nothing’’ to Fac- even the minimal one that EPA is im- 1.8 billion barrels of oil over the life- tory A. Factory A adds that cost to the plementing. time of our new cars. We would not cost of their products. Sooner or later, If we don’t legislate and we don’t reg- have gotten there, frankly, if some of they raise costs of electricity, raise ulate, we are ignoring the problem and the proponents of this bill who opposed costs of their products. They can’t we’re going to make it much, much getting to those standards had pre- make it in America any more. worse and costlier to correct later on. vailed. And it would do so at a time America figured this out long ago, I reserve the balance of my time. when the turmoil in the Middle East and they said we’re going to see energy Mr. UPTON. Mr. Chairman, I yield 1 should serve as an energy independence prices go up, we’re going to see jobs minute to the gentleman from New wake-up call. and income go down. We don’t want it Hampshire (Mr. BASS). I’m for using all of our energy that to work this way. We want clean air, Mr. BASS of New Hampshire. Mr. we can do so in a healthy, safe way. clean land, and clean water. But the Chairman, I rise in support of this leg- This bill, however, would significantly way these things are working is not islation. weaken the Clean Air Act over its 40- what’s going to make it happen. For me, this debate is not about year span. So the American people say don’t ex- whether or not climate change is oc- The benefits of the act: longer lives, port our jobs, don’t export our fac- curring, nor is it about preventing the healthier kids, greater workforce pro- tories, don’t export our manufacturing congressionally directed policies that ductivity, and protected ecosystems and then end up importing emissions Congress should have to reduce green- have outweighed the costs by more from other countries. It’s a global house gas emissions and allow us to than 30–1. That’s a pretty good return, problem. It’s something we have to have a low-carbon producing economy. ladies and gentlemen. Last year, ac- deal with. But having the EPA do this I, for one, think that climate change cording to the EPA, just one part of without working through Congress is real and a problem that needs to be the Clean Air Act prevented someone isn’t the way to make this happen. addressed with practical solutions that 160,000 premature deaths, 130,000 heart Let’s come up with a real solution have attainable goals to reduce emis- attacks, and 100,000 hospital visits. here but not continue on down this sions and provide certainty in our That is a pretty good return on our in- road of exporting our jobs to other economy. I also believe that the Clean vestment. countries. Air Act has truly benefited our Nation And according to the American Med- Mr. WAXMAN. I continue to reserve and should never be weakened—rather, ical Association, ‘‘If physicians want my time. strengthened. evidence of climate change, they may Mr. UPTON. Mr. Chairman, if I might However, agencies should not be able well find it in their own offices. Pa- just enter in a brief colloquy with my to regulate what has not been legis- tients are presenting with illnesses friend, the gentleman from California. lated. Doing so does not solve prob- that once happened only in warmer Each of us has about the same lems. It creates even more uncertainty areas. Chronic conditions are becoming amount of time left. I have allocated as it opens up the agency’s rules to aggravated by more frequent and ex- my time; I presume you have as well. countless legal challenges. tended heat waves. Allergy and asthma My remaining speakers are meeting And I am committed to finding a seasons are getting longer.’’ someplace, and I’m prepared to close workable solution to achieve clean air, The gentleman from New Hampshire and yield back if you are, unless some- help address global warming, and pre- said he doesn’t doubt global warming. I body comes to the floor awfully fast. serve the economic competitiveness of agree with that conclusion. It is a Is it the same for you? the United States in the global mar- shame this bill doesn’t take that per- Mr. WAXMAN. I find myself in the ketplace. With my friend, Congressman spective. The Republican response is to same position. I am prepared to close MATHESON of Utah, we offered an make pollution easier, frankly. and yield back my time, unless one of amendment during markup that is now Finally, this bill overturns scientific our Members shows up unexpectedly. in the bill that states that there is es- findings that carbon pollution endan- Mr. UPTON. Fine. tablished scientific concern over warm- gers the environment and human Mr. WAXMAN. Mr. Chairman and my ing of the climate system and Congress health, which has been confirmed by colleagues, I have before me a letter should fulfill its role in developing all of the world’s leading scientists. from the United States Environmental policies to control greenhouse gas A partisan majority can pass what- Protection Agency. We asked them emissions. ever bill it wants. I understand that. very specific questions, and one was I rise in support of this legislation, But it cannot legislate the facts out of whether this would establish a back- but I also support a meaningful solu- existence, facts that as recently as a door cap-and-trade program. They said, tion to the carbon crisis. few years ago were accepted in both one, EPA has not adopted a cap-and- Mr. WAXMAN. Mr. Chairman, I am parties. What changed? The science or trade program to address greenhouse pleased at this time to yield 3 minutes the politics? gas emissions; two, EPA is not consid- to the Democratic whip in the House, Mr. Chairman, I urge my colleagues ering or evaluating a cap-and-trade the gentleman from Maryland (Mr. to oppose this bill, which recklessly en- program to address these emissions HOYER). dangers our air, our health, our cli- under existing Clean Air Act authority; Mr. HOYER. Briefly, in response to mate, and our energy independence. and they further went on to say they the gentleman’s assertion, of course Mr. UPTON. Mr. Chairman, I yield 1 do not anticipate that they will do a the court has said EPA does, in fact, minute to the gentleman from Penn- cap-and-trade program. None of the have this authority. This is not a new sylvania (Mr. MURPHY), a member of five programs that they have adopted authority they’re making up. Rather the committee. or are considering adopting to limit

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5299 harmful pollutions are cap-and-trade I supported, I voted for the Clean Air But if you read beyond the press releases programs. Act back in 1990. And I think most of touting the ‘‘National Program’’ you’d find that So when we hear Members get up and my colleagues then, it was a strong it wasn’t one program at all. In reality, the so- say, oh, they’re about to adopt a cap- majority that supported that. It allows called ‘‘National Program’’ is made up of three and-trade program because Jerry the EPA to regulate 188 different con- different fuel economy programs, administered Seinfeld’s show might lead you to that taminants. They do that. This bill does by three different agencies—NHTSA, EPA, conclusion, it is not, according to Lisa not weaken that work by the EPA. and the California Air Resources Board— Jackson, the head of EPA, their intent. There was an issue then that the Sen- under three different sets of rules, pursuant to EPA, under the law, is required to ate included in their version of the bill three different laws. look at the science. Once they deter- something that did regulate green- Why on earth do we need three different mined that carbon is a pollutant that house gases. And when it went to con- agencies regulating the same thing? The truth causes harm to public health and the ference with the House, JOHN DINGELL is, we don’t. H.R. 910 would end the regu- environment, they must regulate. They was then chairman of the conference latory duplication, and the millions in taxpayer could, under their powers, fashion the committee, the House did not accept dollars wasted on such redundancy by EPA. regulation in a modest way, which is the Senate language. The Senate re- Mr. Chair, as the old Beatles song goes, exactly what they’ve done. The regula- ceded to the House, as the lingo goes, ‘‘one and one and one is three.’’ The CAFE tions that they are implementing can and in fact the Clean Air Act then program plus an EPA program plus a Cali- be met through greater efficiency in ended up without regulating green- fornia program adds up to three different pro- these new sources that would emit house gases. grams. That’s what we have now, but we must such large amounts of carbon. That is We had a huge debate in the last Con- do better for consumers, who will ultimately a reasonable thing to do because it is gress on cap-and-trade. Speaker PELOSI have to bear the cost of all this unnecessary beneficial for the industries to be more had an 86-vote margin here in the regulation. H.R. 910 returns the regulation of efficient. House. Cap-and-trade, yes, it did pass fuel economy back to one standard, with rules We have found over the years, under in the House. It passed by seven votes. written by Congress, not unelected bureau- the Clean Air Act, when sources of pol- So you switch four votes, it goes the crats. I urge a ‘‘yes’’ vote on this important lution, industries, reduce their pollu- other way. But despite that passage in legislation. tion, they become more efficient and June of 2009, the Senate did not take Mr. LANGEVIN. Mr. Chair, I rise in strong more competitive. That’s what will that legislation up. Didn’t go through opposition to H.R. 910, the Energy Tax Pre- happen as a result of the regulations subcommittee, full committee, never vention Act or ‘‘Dirty Air Act’’ which will end that are being implemented. Let us not got to the Senate floor, and it died the Environmental Protection Agency’s tie EPA’s hands and say they cannot with the conclusion of the 110th Con- (EPA’s) ability to regulate harmful carbon pol- deal with this subject. gress. lution. For those who deny the science, I dis- What we are saying is that the Con- I will vote against this bill for many reasons, agree with you. But if you’re wrong, it gress, elected leaders here, should de- but one that is particularly concerning to me is will take a long time before any strat- cide what is regulated. We know from related to my strong support for Science, the testimony that we had in com- egy will come into effect to reduce Technology, Engineering, and Mathematics mittee we may lose as many as 1.5 mil- these emissions. Buy at least an insur- (STEM) education. I believe that STEM edu- lion jobs. We heard from the refineries. ance policy to reduce these dangerous cation is critically important to our recovering They know that it’s going to increase pollutants so that we can avoid some of economy and to our future competitiveness costs because they’re going to have ad- the terrible consequences of green- and innovation. I support programs, such as ditional regulation. They’re going to house gas emissions and climate the Cyber Foundations Competition, to en- pass those costs on. And, in fact, it will change, which are already evident in courage more students to pursue careers in raise the price of gasoline by 20 cents this country and around the world. science and technology and I believe that I urge my colleagues to oppose this to 50 cents over the next number of many of my colleagues on both sides of the bill. Vote ‘‘no.’’ years. That’s not what we want to see I yield back the balance of my time. in this country. aisle share this goal. But how can we ask our And what’s going to happen? What’s students to pursue careers in science and b 1550 going to happen to those jobs? They’re then ignore scientists when their findings are Mr. UPTON. Mr. Chairman, I yield going to leave this country, and not politically convenient? This bill sets myself the balance of my time. they’re not going to come back. And science aside and sends a dangerous mes- Mr. Chairman, we followed regular they’re going to go to other places like, sage to our students pursuing studies in order on this bill. We had plenty of let’s face it, India and China, where STEM fields. hearings. We issued a discussion draft. neither country has nearly the envi- In addition to an attack on science, this bill We had markups in both full and the ronmental laws that we have today. We will stop and reverse the public health, envi- subcommittee. We sought bipartisan are going to continue to enforce, to see ronmental, and economic protections that support. In fact, we received it. Mr. the Clean Air Act enforced. This does have been achieved since the passage of the PETERSON, who spoke earlier, the not weaken that act. We just say we’re Clean Air Act 40 years ago. In 2010 alone, the former chairman of the House Ag Com- not ready to regulate greenhouse gases, Clean Air Act contributed to the prevention of mittee, Mr. RAHALL, the former chair- not when we have an unemployment 160,000 premature deaths, 130,000 heart at- man of the Natural Resources Com- rate where it is today—Michigan much tacks, and more than 100,000 hospital visits. mittee, are both original cosponsors. higher than the national average— This bill will also prevent the EPA from setting We have different rules than the knowing that it’s going to cost a lot of pollution standards for cars and trucks, in- other body, the Senate. They are de- jobs. creasing carbon emissions in our commu- bating this same issue today in fact. So I would urge my colleagues to nities, and continuing our nation’s addiction to They have been debating it now for a support this legislation. It tells the foreign oil. Further, a return to outdated tech- couple of weeks. And it’s interesting to EPA, no, you are not going to do this. nology will limit new innovations in renewable me that a number of the amendments We will see what happens with the Sen- and more efficient technologies and limit the on the amendment tree in the Senate ate, as they debate this issue the rest job growth opportunities in these emerging by different Democratic sponsors—in of the day and perhaps into tomorrow. manufacturing industries. fact, I would confess that the EPA has But I would urge all of my colleagues Rhode Islanders have great respect for their run amok because they, too, though to support H.R. 910, particularly now as environment and they deserve the right to step they might not be fully supportive of we get into the amendments. outside and feel safe breathing the air around this legislation, they too are sup- Mr. CAMPBELL. Mr. Chair, I rise in support them. By preventing the EPA from regulating porting a 2-year time-out to the EPA, of H.R. 910, the Energy Tax Prevention Act. greenhouse gas emissions, we are turning to tell them to stop. They’re not ready In 2009, the Administration announced their back the progress we have made to protect for this. ‘‘National Program’’ to regulate fuel economy. our health under the Clean Air Act and we are

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00031 Fmt 0688 Sfmt 9920 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5300 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 halting important economic opportunities that ‘‘One notion is that EPA intends to regulate tems, which stated that the sun was the center will help make our nation a world leader in the emissions from cows—what is commonly of the universe. new technologies. I urge my colleagues to join referred to as a ‘cow tax.’ ’’ ‘‘The truth is—the It was not until October 31, 1992 when me in opposing this bill and supporting re- EPA is proposing to reduce greenhouse gas Pope John Paul II expressed his regret for sponsible regulations that will keep our nation emission in a responsible, careful manner and how the Galileo affair was handled by the moving forward and keep our environment we have even exempted agricultural sources Catholic Church. safe for future generations. from regulation.’’ When the Administrator testi- Unfortunately, climate change does not af- Mr. LEVIN. Mr. Chair, I rise in opposition to fied before the Energy and Power Sub- ford us the luxury of time to amend our poli- the legislation before the House, which would committee of the Energy and Commerce Com- cies decades from now. weaken the Clean Air Act and the ability of the mittee, as a member, I asked her to clarify if Climate change is upon us and the longer Environmental Protection Agency to protect she would exempt agriculture from these regu- we delay, question the science and fail to take public health and the environment from carbon lations and she said she would—twice over. I even modest action to curb future growth, the pollution. appreciate her willingness to exempt this very costlier the consequences will be. The scientific community has been telling us important industry, because not exempting ag- Today’s legislation is a cynical attempt to for years, with growing urgency, that green- riculture would have a dramatic impact on the pretend climate change is not occurring and house gas emissions are contributing to Nebraska economy. My concern is that Ad- restrict the one agency authorized by law to changes in the climate and that the impact of ministrator Jackson does not have the legal do something about it. these changes will be overwhelmingly nega- authority to unilaterally exempt agriculture; and History will neither reflect kindly on those tive going forward. There is a lot of room for even if she does, that industry is only one law who reject science in the pursuit of short-term a constructive debate on what the U.S. re- suit away from being regulated, due to citizen economic and political gain. sponse should be to the buildup of heat-trap- law suits. I have no doubt that the Sierra Club, I urge my colleagues to oppose this bill. ping gases in the atmosphere. Our response PETA, the Natural Resource Defense Council, Mr. PRICE of North Carolina. Mr. Chair. I cannot be to simply deny the existence of the the U.S. Humane Society, or some other rise in opposition to H.R. 910. While cynically problem. group will sue either individually or together called the Energy Tax Prevention Act by its But that is exactly what the bill before the with regards to greenhouse gases on farms. sponsors, the bill could more aptly be named House does. This legislation rejects the sci- The EPA’s own figures on agriculture state the ‘‘Dirty Air Act’’. entific consensus that climate change is occur- that 37,000 farms are above the threshold of This legislation would overturn EPA’s sci- ring and overturns EPA’s scientific finding that being a major source of greenhouse gas emis- entific finding that greenhouse gases endan- carbon pollution endangers public health and sions. The Clean Air Act explicitly states that ger human health and welfare, which the environment. In a word, this bill would take ‘‘major sources’’ must obtain a Title V oper- stemmed from a landmark 2007 Supreme a fundamentally anti-science dogma and en- ating permit. This could have a direct impact Court decision, and prevent the EPA from shrine it into public law. It is the legislative on many operations within agriculture, includ- using the Clean Air Act—now or in the fu- equivalent of sticking our heads in the sand. ing corn, wheat, grain, cattle, and hog oper- ture—to limit greenhouse gas pollution from We’ve heard a lot of overheated rhetoric by ations. This overzealous regulation will cause power plants and other industrial sources. This the proponents of this bill that protecting the the cost of food production to rise and will also reckless and misguided attack on our environ- American people from carbon pollution cause an indirect impact on bringing goods to ment and public health will allow more pollu- amounts to some kind of job-killing tax in- market by helping to increase energy costs. tion into the air we breathe and threaten the crease that will make gasoline and electricity While I appreciate Administrator Jackson’s health of Americans across the country. cost more. In fact, the rules EPA is developing willingness to exempt us from the cow tax, I Supporters of the bill claim that setting seek to curb carbon pollution by the very larg- think it is more important that we pass H.R. standards for greenhouse gases under the est emitters in this country over a period of 910 and get it to the President for his signa- Clean Air Act will cost jobs and undermine the many years. We’re talking about facilities that ture, in order to guarantee that none of our competitiveness of America’s manufacturers. emit more than 75,000 tons of carbon into the energy is taxed. But the argument that clean air somehow air each year. In most cases, the new rules Only with the passage of H.R. 910 will we poses a hazard to the economy is as ridicu- will simply require these facilities to make en- end EPA’s over reach on this issue. lous now as it was in the 1970s, when the ergy efficiency improvements. As we’ve seen Mr. MORAN. Mr. Chair, emboldened by major polluters used it to try and stop enact- in so many other areas, investments in energy their electoral victories last fall, my Republican ment of landmark environmental laws. Rolling efficiency often pay for themselves and actu- colleagues have embarked on a campaign to back the EPA’s authority to limit pollution— ally create jobs. weaken or repeal many of the landmark laws whether it be carbon or lead—won’t create a H.R. 910 is opposed by scientists, public that have protected the public’s health and the single job. It will simply undo 40 years of health groups, environmentalists, sporting or- environment. progress toward a cleaner environment and ganizations like Trout Unlimited, as well as the The first opening shots at the Environmental better public health. UAW and the Blue/Green Alliance. This legis- Protection Agency (EPA) were fired through In fact, the very provisions of the Clean Air lation should be rejected. amendments to legislation (H.R. 1) to com- Act that this bill attacks have a forty-year track Mr. TERRY. Mr. Chair, I rise today in sup- plete the fiscal 2011 budget. record of delivering cleaner air and improved port of H.R. 910, The Energy Tax Prevention More than 22 anti-environmental and anti- health, along with the benefits of enormous Act of 2011. This legislation will amend provi- conservation riders, that suspend agencies growth in the economy. In its first 20 years, sions of the Clean Air Act, to establish general from taking action to implement provisions in the Clean Air Act prevented an estimated rules prohibiting the Administrator of the Envi- Federal law, were added to bill on the House 200,000 premature deaths. Some 1.7 million ronmental Protection Agency (EPA) from regu- floor during the week of February 13th. tons of toxic emissions have been removed lating green house gas emissions to address Fortunately, the Senate rejected the House from our air each year since 1990. Innovations the issue of climate change. bill, bringing us down a path to where we are spurred by the Act have made our cars up to Being from Nebraska, I meet with a number today in a high stakes showdown whose out- 95 percent cleaner today than they were in the of agriculture interests, all of them very con- come looks even more likely to result in a gov- past. EPA economists estimate that the total cerned about the activism that the EPA has ernment-wide shutdown. benefits of the Clean Air Act amount to 30 and is demonstrating these last few years. But, instead of sitting down to try to work times its costs. Folks joke about green house gas emissions out a budget, we are here on the House floor Passage of this bill would also mark the first that come from farm animals, especially cows debating a bill to overturn a scientific finding. time in history that Congress has approved and cattle. While on the one hand it is funny EPA determined through its December 2009 legislation to overrule an objective scientific to think that this is a problem; however, on the endangerment finding that greenhouse gases finding. Congress enacted the Clean Air Act other hand, it just demonstrates the kind of endanger the public’s health. precisely to require the EPA to make science- people who are working in today’s EPA and Today’s House floor action is reminiscent of based decisions about the threats to health this is really serious. the Catholic Church’s response to Galileo and welfare presented by air pollution instead When Administrator Jackson testified before Galilei’s publication of his famous work, Dia- of allowing such decisions to be driven by po- the House Agriculture Committee she stated, logue Concerning the Two Chief World Sys- litical ideology or special interests. And that is

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5301 exactly what EPA’s scientists have done: In this difficult economy, the federal govern- in this country. But, setting that aside, we under both the Bush and Obama administra- ment must make affordable, domestic energy should all be able to agree that without pas- tions, objective scientific studies have found production a top priority and House Repub- sage of the Energy Tax Prevention Act, the that greenhouse gases pose a real and indis- licans are doing just that. answer to their question will be: not in the putable threat. I applaud the work of my colleagues in de- U.S. Recently, more than 2,500 scientists—from veloping an all-of-the-above energy solution We must not continue to allow the EPA to all 50 states—sent a letter to Congress calling that will create jobs and end our dependence move forward in regulating all sectors of our on Members to support EPA’s updated carbon on foreign sources of energy. economy. It is a simple fact that by imposing pollution standards under the Clean Air Act, But Congress first must stop the EPA’s as- costly regulations on American businesses, it noting that the ‘‘science-based law has pre- sault on working families, small businesses will ultimately force these companies to reduce vented 400,000 premature deaths and hun- and family farms by rejecting this backdoor jobs, or in the worst case scenario, move op- dreds of millions of cases of respiratory and national energy tax. erations overseas. Additionally, while some cardiovascular disease during the 40 years Mr. STARK. Mr. Chair, I rise today in strong may feel that industries can afford to pay more since it was first passed—all without dimin- opposition to weakening the Clean Air Act and to comply with the slew of EPA regulations ishing economic growth.’’ ignoring the very real threat posed by global that have already been implemented, or will Rather than heeding the science and letting warming. Republicans might like to teach cre- soon be implemented, these extra costs will the EPA and the states do their job to protect ationism in schools and demonize science, but ultimately be passed onto the American con- public health and our environment, this bill the fact is that climate change is man-made, sumer. would give the nation’s biggest polluters a free is happening, and threatens our way of life. The EPA’s reliance on the Intergovern- pass to keep polluting and place the health of Failure to act is unacceptable. mental Panel on Climate Change (IPCC) as- our nation—particularly our children, elderly The Obama Administration is taking small sessment reports should be cause for alarm. citizens and other vulnerable populations—at but important steps toward regulating only the Given the climategate e-mail scandal, and risk. A vote for this bill is a vote against the largest sources of greenhouse gases. This other information that has come to light, there commonsense Clean Air Act provisions that legislation would end that progress. The Envi- are many serious questions as to the legit- keep our air clean and protect our public ronmental Protection Agency (EPA) is exer- imacy of the process used by the IPCC to health. I urge my colleagues to support cising its Clean Air Act authority as recognized base their conclusions. It would seem to me science and the Clean Air Act and oppose by the conservative Supreme Court in Massa- that since the EPA relied heavily on question- H.R. 910. chusetts v. EPA. The Upton-Inhofe bill (H.R. able conclusions by the IPCC, it is essential Mr. COSTELLO. Mr. Chair, I rise in support 910) would not only undermine the Clean Air for Congress to pass H.R. 910 so we may go of H.R. 910, the Energy Tax Prevention Act of Act, it would also take the unprecedented step back and reexamine our greenhouse gas pol- 2011. of overturning a scientific finding by the EPA icy. Based on the physical evidence and fore- that carbon pollution endangers America’s Like most Americans, I believe that there casts of most scientists, it is clear climate health and environment. can and should be a proper balance between change is happening, man-made causes are a At a time of rising gas prices and oil related economic prosperity and environmental sus- significant factor, and that left unaddressed, conflicts around the world, this legislation tainability. Everyone wants clean air and clean climate change poses a public health risk. I would further increase our dependence on oil water, and no one wants sky-high electric and believe we must move forward from debating and other fossil fuels. This bill would take us tax bills. I have long argued that the key to our the science of climate change to developing back to a failed energy policy that has made energy independence is through technological balanced policies that combat its impacts. our country addicted to fossil fuels and im- innovation. The best way for the federal gov- However, I oppose the Environmental Pro- ported oil. ernment to support technological innovation is tection Agency’s (EPA’s) attempt to regulate Rather than sticking our heads in the sand, to incentivize it through research and develop- greenhouse gas emissions. I believe Congress Congress needs to implement a comprehen- ment grants and tax credits. Excessive regula- must retain the authority to develop a climate sive energy policy that puts a price on carbon tions cannot assure technological break- change policy that reduces emissions, im- pollution and invests in the energy sources of throughs, especially expensive and onerous proves energy efficiency, and encourages the future. We could start by ending taxpayer mandates like the cap-and-tax proposals in clean energy technology, including clean coal, subsidies for giant oil companies and corn eth- the previous Congress. while also protecting and creating jobs, keep- anol, but I doubt that bill will be on the floor With the recent spike in gas prices, we need ing energy costs affordable, and preserving anytime soon. to do all we can to decrease the cost of doing our economic recovery. I am not convinced The Republican attack on science and logic business. H.R. 910 is the first in a series of EPA’s current path will achieve those goals. will not create a single job or protect a single legislative proposals that Republicans are While I do not agree with all aspects of this American’s health. All it will do is appease the planning on putting forward to cut energy legislation, I support H.R. 910, to ensure Con- radical fringe of their party. I urge all my col- prices and reduce the regulatory burdens that gress has the ability to develop a practical cli- leagues to vote no. businesses and consumers face. I strongly mate change policy at the appropriate time. I Mr. SENSENBRENNER. Mr. Chair, I rise support passage of this important legislation, ask my colleagues to join me in supporting today in strong support of H.R. 910, the En- and urge a ‘‘yes’’ vote. this legislation. ergy Tax Prevention Act, which is common- Mr. CONYERS. Mr. Chair, today I rise in Mr. PENCE. Mr. Chair, I rise in support of sense legislation that will help economic re- strong opposition to H.R. 910, the Republican the Energy Tax Prevention Act of 2011, which covery efforts and reduce energy prices. Majority’s so-called ‘‘Energy Tax Prevention would prohibit the EPA from regulating green- It is troubling to see the Obama Administra- Act.’’ I think a more accurate title would be the house gas emissions under the Clean Air Act. tion continue to advocate for policies that will ‘‘Science Ignorance Appreciation Act’’ or ‘‘For- With gas prices averaging $3.70 per gallon, inhibit job creation in this country, and also eign Energy Dependence Act.’’ up from $3.50 a month ago, up nearly a dollar raise prices of goods and services for every Today’s measure would unilaterally invali- from a year ago, and with unemployment rates American. We should not move forward with date the Environment Protection Agency’s continuing at heartbreaking levels, the last imposing regulations that will slow the current findings that carbon dioxide and other air pol- thing the American people need is a national economic recovery. lutants pose a threat to public health and envi- energy tax. Over the last few months, my colleagues on ronment. Even more egregiously, the bill pro- Yet the Obama EPA seems intent on imple- the other side of the aisle have borrowed the hibits the EPA to regulate man-made green- menting policies that will not only drive up the Republican mantra from the past couple of house gases in spite of verified independent price at the pump, but drive even more Amer- years when the Democrats had control and scientific research that shows that climate ican jobs to places like India and China. Ac- asked, ‘‘Where are the jobs?’’ I have found change poses an existential threat to our way cording to a study conducted by the Heritage this quite humorous considering that since Re- of life. Foundation, annual job losses will exceed publicans have taken over leadership of the The proposal is nothing more than censor- 800,000 should the Congress fail to act in pre- House, we have been actively working to rein ship of government scientists who simply want venting the EPA from moving ahead with their in excess government waste and pass legisla- to protect human and environmental health. global warming agenda. tion to make it more affordable to do business There is an overwhelming scientific consensus

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00033 Fmt 0688 Sfmt 9920 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5302 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 that global warming is directly due to man- duces progress in our nation’s energy inde- Protection Agency’s (EPA) authority to ad- made behavior. In recent years we have pendence. I oppose this ‘dirty air act’ that dress carbon dioxide, methane, nitrous oxide, begun to witness this science first hand, as would eliminate the ability of the EPA to ad- fluorinated gases and other harmful emissions. extreme weather such as floods, droughts, dress the very serious public health threats This legislation, which I opposed, reverses blizzards, hurricanes and other natural disas- from carbon pollution. EPA’s scientific finding that these pollutants ters have begun to affect areas unaccustomed The Clean Air Act requires that if the EPA are harmful to public health and the environ- to such events. We cannot ignore the science finds carbon pollution to be detrimental to our ment. The bill means that even with strong and evidence. health, then the EPA must regulate green- state-level environmental regulations New Jer- If we pass this flawed legislation, we will house gas emissions. Despite the U.S. Su- sey will suffer. Since the movement of air pol- lose an incredible opportunity to create the preme Court upholding this authority, today’s lution isn’t restricted by state borders, wind market forces necessary to stimulate innova- legislation would exempt our nation’s largest currents from neighboring states will push tion in clean energy technology such as wind, polluters from regulation, eliminate public harmful pollution into the air that we breathe solar, and other clean energy programs. health protections, and push back efforts to re- here at home. The Energy Tax Prevention Act deliberately duce our dependence on foreign energy re- As a father and a strong advocate for the delays the day that America will be freed from sources. By preventing the EPA from setting environment, I am proud of New Jersey’s its addiction to foreign oil. As we have seen carbon pollution national automobile stand- leadership in keeping our air clean. In New with the recent instability in the Middle East, ards, this bill does nothing to reduce con- Jersey, we’ve implemented laws to reduce there are dramatic downsides to our current sumption and reliance on foreign oil. toxic emissions and mercury pollution from energy dependence strategy. The EPA helps protect our nation’s most power plants, increase clean energy from A ‘‘yes’’ vote today is a vote for unchecked vulnerable—including children, seniors and solar power, and speed up production of off- pollution and global warming. It is a vote those suffering from respiratory ailments—by shore wind along the Atlantic seaboard. These against scientific consensus and a clean en- guaranteeing the air we breathe is safe and regulations improve the quality of the air we ergy future. healthy. Dirty air has been linked to an in- breathe, but we should still be doing more and Mr. KUCINICH. Mr. Chair, I rise in strong crease in asthma rates, especially among New Jersey cannot do it alone. Federal regu- opposition to H.R. 910, the Dirty Air Act. That young people, an increase in emergency room lation of dangerous pollutants is necessary to this bill is taken seriously enough to receive a visits and hospitalizations, and an increase in make sure that states with tough emissions vote in the United States House of Represent- heart attacks and strokes. In New York, pedi- standards aren’t unfairly subject to dirty air atives is embarrassing. This bill not only re- atric asthma affects an estimated half million from neighboring states that have lenient quires Members of Congress to ignore thou- children and an additional estimated 1.5 mil- emission laws. Some in Washington, D.C. sands of the world’s best scientists and over lion adults 18 and over have asthma, based may want to secure an extreme ideological four decades of peer reviewed research, but it on 2009 rates. ‘‘victory’’ by undermining the EPA, but the requires Congress to assert that it is more All across the country, Americans over- families, children, and elderly in New Jersey qualified to judge the entire body of science. whelmingly support EPA protections for the air cannot afford the consequences of the Upton- It is an assault on science, on reason, and on we breathe and the water we drink. Sup- Inhofe bill. common sense. Americans expect better from porting this bill disregards science, ignores For many New Jerseyans, the impact of this their elected leaders. public health concerns, and does nothing to bill could be deadly. For example, in the Ninth No amount of fossil fuel company spin, lob- curb carbon emissions. I urge a no vote. Congressional District—which includes sec- bying and campaign contributions can change Mr. VAN HOLLEN. Mr. Chair, over forty tions of Bergen, Hudson, and Passaic Coun- the fact that global warming is happening. But years after the passage of the Clean Air Act, ties—there are an estimated 80,000 people, they can make important changes to global there are apparently still Members of this including nearly 20,000 children, who live with warming; The longer we wait to substantively House who think you can’t have jobs unless asthma. Lower air quality standards will lead and aggressively act, the faster global warm- you have a polluted environment. Nothing to more pollutants in our air and raise the risk ing will happen, the more fiercely it will hap- could be further from the truth. of life-threatening asthma attacks. In fact, the pen, and the less control we will be able to Over the past 40 years, the Clean Air Act National Institute of Health estimates that exert over it. has reduced smog-producing sulfur dioxide 5,000 asthma-related deaths occur each year We are also throwing away badly needed and particulate pollution by 60% while our in the United States. And those who suffer opportunities. Failing to control global warming economy has nearly tripled. Since the Clean from asthma are just one group who will face pollution means we fail to provide needed im- Air Act Amendments of 1990, electricity pro- drastic consequences from the Upton-Inhofe petus to make the transition to clean energy. duction has increased and prices have re- bill. Fully enforcing the Clean Air Act and a We are voting to turn our back on the oppor- mained stable. A rigorous, peer-reviewed anal- strong EPA will improve the lives of countless tunity to reclaim the mantle of global leader on ysis of the Benefits and Costs of the Clean Air Americans (including New Jerseyans)—espe- clean energy from China and now, Germany. Act from 1990–2020 conducted by the EPA cially those who already have compromised We are voting to turn our back on the oppor- found that air quality improvements under the health. tunity to revitalize our manufacturing sector Clean Air Act will save $2 trillion and prevent The Upton-Inhofe bill is harmful to New Jer- which has been ailing in cities like Cleveland at least 230,000 deaths annually. sey and our entire nation. Specifically, this leg- for decades. We are voting to turn our back The record is clear: a healthy environment islation would weaken the Clean Air Act, over- on the opportunity to create millions of new and a strong economy are not mutually exclu- turn the Supreme Court ruling that gave the jobs and boost our economy. We are voting to sive. They go hand in hand. Which is why this EPA authority to regulate dangerous air pollut- turn our back on the opportunity to reduce air attempt to gut the Clean Air Act by preventing ants, and derail efforts to move toward energy pollution that kills tens of thousands of people EPA from regulating carbon pollution is so independence by reducing emissions from very year, who are disproportionately from misplaced. Given our 40-year history with the cars and trucks. It is for these reasons and communities of color and are of low income. Clean Air Act, the last thing Americans want is many others that health advocacy and envi- We are voting to turn our back on the oppor- a bunch of politicians substituting their own ronmental groups—from the American Lung tunity to strengthen our national security, ideological agenda for sound science and tell- Association and the Union of Concerned Sci- which, according to the Pentagon, is threat- ing EPA it can’t do its job. entists to Environment New Jersey and the ened by global warming. We are voting to turn I urge a no vote. Asthma and Allergy Foundation of America— our back on the opportunity to inspire and lead Mr. ROTHMAN of New Jersey. Mr. Chair, I oppose this harmful legislation. In opposition with alternatives that would build a stronger rise today to voice my opposition to the Upton- to the Clean Air Act and the EPA, and sup- America. Inhofe bill. porting the Upton-Inhofe bill, are groups like It is time for us to cast a vote in favor of fu- Clean air should be a priority that we all can big oil companies and billion-dollar corpora- ture generations instead of merely invoking agree on, but some in Washington, D.C. are tions with vested interests in avoiding the them to try to justify inhumane budget cuts. I playing dangerous games with public health. costs of cleaning up the environmental urge my colleagues to vote ‘‘no’’ on this bill. Today, the U.S. House of Representatives messes they make. I and many of my con- Mrs. MALONEY. Mr. Chair, the bill before passed the Upton-Inhofe bill, an extreme stituents and people throughout our state us today is bad for America’s health and re- measure that will eliminate the Environmental choose to stand with those who want to keep

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00034 Fmt 0688 Sfmt 9920 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5303 New Jersey’s air clean, not those who put Congress: promoting job creation and eco- H.R. 910 will guarantee America loses out on profit over public health. nomic growth. Instead of focusing on the the jobs of the future by obstructing efforts There is a clear path forward to keeping our economy, the House Republican majority is to build the new clean energy economy. It will deepen America’s dependence on dirty air clean in New Jersey. With the strength- trying to legislate science by overriding the es- coal and imported oil instead of creating ening of the Clean Air Act in 1970, our country tablished scientific consensus on climate American jobs through investments in re- took a stand for the quality of our health, our change and the threat posed by greenhouse newable resources and energy efficiency. air and our future. The EPA is planning to up- gases. H.R. 910 endangers public health and Our country must turn the problems pre- date the Clean Air Act to implement long-over- will cost American jobs by slowing our econo- sented by climate change into an oppor- due federal limits on soot, smog, mercury, and my’s transition to cleaner, more secure energy tunity. Instead of devoting its time to dis- crediting scientists and undermining the carbon pollution. This solution makes sense— sources. A recent EPA report revealed that re- EPA, Congress should put more faith in the the Clean Air Act has proven to be one of the ducing greenhouse gas emissions will prevent genius of the American spirit to protect our greatest tools we have to cost-effectively pro- the early deaths of 230,000 Americans in environment and human health while cre- tect the health of Americans and our environ- 2020 and produce $2 trillion in economic ben- ating economic growth. With the right clean ment. We must stand up against efforts to efits by that same year. energy incentives and framework, we believe weaken the Clean Air Act and work with the I published an editorial with climate science America can out-innovate and out-build any- EPA to implement strong limits on pollution to expert John Abraham of the University of St. one in the world. The proponents of H.R. 910 not only deny climate change, they under- protect the air we all breathe in New Jersey Thomas to voice my strong opposition to H.R. mine America’s ability to fmd solutions that and throughout our country. 910. I ask that a copy of this editorial be in- benefit consumers, workers and the environ- Mr. BURGESS. Mr. Chair, I rise today to cluded in the CONGRESSIONAL RECORD. ment. Every single member of Congress has a discuss my unwavering support for legislation [Published in The Hill blog on Apr. 6, 2011] choice: deny the science of climate change or this body considered on this week, and CONGRESS ON WRONG SIDE OF HISTORY IN passed by large margin yesterday on this take real steps to confront a changing cli- DENYING CLIMATE CHANGE mate. Congress must accept scientific re- floor. Unfortunately I was detained during the (By Rep. Betty McCollum (D–MN) and John ality and act on climate change. final passage vote for H.R. 910, and was un- Abraham) Mr. UPTON. Mr. Chairman, I yield able to record my support for this legislation. Right now in our hometown of St. Paul, back the balance of my time. I wish to do so now. Minnesota, we are preparing for what might The CHAIR. All time for general de- For the last two years, Lisa Jackson’s Envi- possibly be record-breaking floods due to bate has expired. ronmental Protection Agency, EPA, has winter’s heavy snowfall and the threat of Pursuant to the rule, the amendment waged a war on the state of Texas that is de- heavier spring downpours. Minnesota has al- in the nature of a substitute printed in ready experienced two 100-year floods in the stroying jobs and hampering economic growth. the bill shall be considered as an origi- Texas was one of the last states hit by the re- Red River Valley within the past 13 years. Local doctors report an increase in cases of nal bill for the purpose of amendment cession in 2008, in large part due to its robust children with asthma and other respiratory under the 5-minute rule and shall be energy industry, with thousands of jobs con- conditions. Lake Superior has seen record considered read. nected to oil and gas exploration and produc- low water levels in recent years, threatening The text of the amendment in the na- tion. Since taking office in 2009, President not only drinking water supplies but the Du- ture of a substitute is as follows: Obama has made it clear that he will do ev- luth-Superior port that receives more than H.R. 910 erything he can to interfere with any state 1,200 ships and 48 million tons of cargo. Be it enacted by the Senate and House of Rep- using its own initiative to grow the economy All of these public health, economic, and resentatives of the United States of America in and create jobs. In Mr. Obama’s America, only environmental trends have been strongly Congress assembled, linked to climate change. Multiple studies SECTION 1. SHORT TITLE. the federal government can create jobs. We have shown that 97 percent of the most know this to be a failed experiment, yet he is This Act may be cited as the ‘‘Energy Tax qualified climate scientists are in agreement Prevention Act of 2011’’. still intent on doing all he can to continue to that humans are causing the planet to warm. SEC. 2. NO REGULATION OF EMISSIONS OF hamper the efforts of Texans to create jobs If this was an illness, and 97 percent of doc- GREENHOUSE GASES. and grow the economy. tors recommended a certain treatment, we Title III of the Clean Air Act (42 U.S.C. 7601 From the ‘‘flex-permitting’’ plan that Texas’ would take appropriate action. et seq.) is amended by adding at the end the fol- Council on Environmental Quality (TCEQ) has Instead, the majority party in the House of lowing: Representatives is choosing to willfully defy had implemented for over two decades, to ‘‘SEC. 330. NO REGULATION OF EMISSIONS OF the diagnosis and overturn established GREENHOUSE GASES. greenhouse gas permitting, which will destroy science by voting on a bill (H.R. 910) that industry all over the state and the country, the ‘‘(a) DEFINITION.—In this section, the term will gut the Clean Air Act and prohibit the ‘greenhouse gas’ means any of the following: EPA is holding up permits and stifling growth Environmental Protection Agency (EPA) ‘‘(1) Water vapor. at every turn. from ever protecting the American people ‘‘(2) Carbon dioxide. For these reasons, and many others, I from the disastrous impacts of climate ‘‘(3) Methane. wholeheartedly support H.R. 910. I was a co- change. ‘‘(4) Nitrous oxide. During the committee markup of H.R. 910, ‘‘(5) Sulfur hexafluoride. sponsor of this legislation from the very begin- ‘‘(6) Hydrofluorocarbons. ning. Twice during its consideration in the not a single Republican voted to even ac- knowledge the validity of EPA’s scientific ‘‘(7) Perfluorocarbons. ‘‘(8) Any other substance subject to, or pro- House Energy & Commerce Committee, I finding that ‘‘warming of the climate system posed to be subject to, regulation, action, or voiced my support, and was pleased to vote to is unequivocal,’’ caused by human activities, consideration under this Act to address climate pass it out of committee and have it consid- and a threat to public health. The rejection change. ered on the House floor. of those amendments is shocking to sci- ‘‘(b) LIMITATION ON AGENCY ACTION.— I regret circumstances detained me from the entists who understand the serious risks ‘‘(1) LIMITATION.— vote on final passage yesterday evening. I Americans face from global climate change. ‘‘(A) IN GENERAL.—The Administrator may hope, however, there is no doubt that, had I This places the climate deniers on the not, under this Act, promulgate any regulation been able to be present during the vote, I same side as those fringe extremists who de- concerning, take action relating to, or take into nied the harmful impacts of cigarette smok- would have voted in the affirmative, and con- consideration the emission of a greenhouse gas ing and DDT, and the causes of acid rain and to address climate change. tinue to support his legislation without reserva- ozone depletion. Proponents of H.R. 910 are ‘‘(B) AIR POLLUTANT DEFINITION.—The defini- tion. denying science and dangerously on the tion of the term ‘air pollutant’ in section 302(g) Ms. MCCOLLUM. Mr. Chair, I rise today to wrong side of history. does not include a greenhouse gas. Notwith- oppose H.R. 910, the so-called Energy Tax We believe now is the time to confront cli- standing the previous sentence, such definition Prevention Act. H.R. 910 would permanently mate change. If we act wisely, we can simul- may include a greenhouse gas for purposes of ban the Environmental Protection Agency, taneously protect the environment, create addressing concerns other than climate change. EPA, from protecting human health and the jobs, diversify our energy supplies, and im- ‘‘(2) EXCEPTIONS.—Paragraph (1) does not prove national security. prohibit the following: environment by enforcing the Clean Air Act A recent report by Pew Environment ‘‘(A) Notwithstanding paragraph (4)(B), im- and confronting the threat of climate change. Group shows the U.S. has now fallen to num- plementation and enforcement of the rule enti- This radical, anti-environmental legislation is ber three behind China and Germany for tled ‘Light-Duty Vehicle Greenhouse Gas Emis- a distraction from the number one issue facing clean energy private investment. Passage of sion Standards and Corporate Average Fuel

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00035 Fmt 0688 Sfmt 6333 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5304 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 Economy Standards’ (as published at 75 Fed. Greenhouse Gas Emitting-Sources in State Im- 54. Each such amendment may be of- Reg. 25324 (May 7, 2010) and without further re- plementation Plans’, published at 75 Fed. Reg. fered only in the order printed in the vision) and finalization, implementation, en- 82536 (December 30, 2010). report, by a Member designated in the forcement, and revision of the proposed rule en- ‘‘(K) ‘Determinations Concerning Need for report, shall be considered read, shall titled ‘Greenhouse Gas Emissions Standards and Error Correction, Partial Approval and Partial Fuel Efficiency Standards for Medium- and Disapproval, and Federal Implementation Plan be debatable for the time specified in Heavy-Duty Engines and Vehicles’ published at Regarding Texas Prevention of Significant Dete- the report equally divided and con- 75 Fed. Reg. 74152 (November 30, 2010). rioration Program; Proposed Rule’, published at trolled by the proponent and an oppo- ‘‘(B) Implementation and enforcement of sec- 75 Fed. Reg. 82365 (December 30, 2010). nent, shall not be subject to amend- tion 211(o). ‘‘(L) Except for actions listed in paragraph ment, and shall not be subject to a de- ‘‘(C) Statutorily authorized Federal research, (2), any other Federal action under this Act oc- mand for division of the question. development, and demonstration programs ad- curring before the date of enactment of this sec- AMENDMENT NO. 1 OFFERED BY MS. JACKSON dressing climate change. tion that applies a stationary source permitting LEE OF TEXAS ‘‘(D) Implementation and enforcement of title requirement or an emissions standard for a VI to the extent such implementation or enforce- greenhouse gas to address climate change. The CHAIR. It is now in order to con- ment only involves one or more class I sub- ‘‘(5) STATE ACTION.— sider amendment No. 1 printed in stances or class II substances (as such terms are ‘‘(A) NO LIMITATION.—This section does not House Report 112–54. defined in section 601). limit or otherwise affect the authority of a State Ms. JACKSON LEE of Texas. I have ‘‘(E) Implementation and enforcement of sec- to adopt, amend, enforce, or repeal State laws an amendment at the desk. tion 821 (42 U.S.C. 7651k note) of Public Law and regulations pertaining to the emission of a The CHAIR. The Clerk will designate 101–549 (commonly referred to as the ‘Clean Air greenhouse gas. the amendment. Act Amendments of 1990’). ‘‘(B) EXCEPTION.— The text of the amendment is as fol- ‘‘(3) INAPPLICABILITY OF PROVISIONS.—Noth- ‘‘(i) RULE.—Notwithstanding subparagraph ing listed in paragraph (2) shall cause a green- (A), any provision described in clause (ii)— lows: house gas to be subject to part C of title I (relat- ‘‘(I) is not federally enforceable; Strike sections 2 and 3 of the bill, redesig- ing to prevention of significant deterioration of ‘‘(II) is not deemed to be a part of Federal nate section 4 of the bill as section 3, and in- air quality) or considered an air pollutant for law; and sert after section 1 of the bill the following purposes of title V (relating to permits). ‘‘(III) is deemed to be stricken from the plan section: ‘‘(4) CERTAIN PRIOR AGENCY ACTIONS.—The described in clause (ii)(I) or the program or per- SEC. 2. STUDY AND REPORT. following rules and actions (including any sup- mit described in clause (ii)(II), as applicable. (a) STUDY.—In the interest of protecting plement or revision to such rules and actions) ‘‘(ii) PROVISION DEFINED.—For purposes of national security, the Administrator of the are repealed and shall have no legal effect: clause (i), the term ‘provision’ means any provi- Environmental Protection Agency shall con- ‘‘(A) ‘Mandatory Reporting of Greenhouse sion that— duct a study to determine— Gases’, published at 74 Fed. Reg. 56260 (October ‘‘(I) is contained in a State implementation (1) the long term impacts of the Environ- 30, 2009). plan under section 110 and authorizes or re- mental Protection Agency having no author- ‘‘(B) ‘Endangerment and Cause or Contribute quires a limitation on, or imposes a permit re- ity to regulate emissions of greenhouse Findings for Greenhouse Gases Under Section quirement for, the emission of a greenhouse gas gases; 202(a) of the Clean Air Act’, published at 74 to address climate change; or (2) if there are alternatives to ensure com- Fed. Reg. 66496 (December 15, 2009). ‘‘(II) is part of an operating permit program pliance with the Clean Air Act; and ‘‘(C) ‘Reconsideration of Interpretation of under title V, or a permit issued pursuant to (3) best practices with respect to green- Regulations That Determine Pollutants Covered title V, and authorizes or requires a limitation house gas regulation under the Clean Air by Clean Air Act Permitting Programs’, pub- on the emission of a greenhouse gas to address Act. lished at 75 Fed. Reg. 17004 (April 2, 2010) and climate change. (b) REPORT.—Not later than 60 days after the memorandum from Stephen L. Johnson, En- ‘‘(C) ACTION BY ADMINISTRATOR.—The Admin- the date of enactment of this Act, the Ad- vironmental Protection Agency (EPA) Adminis- istrator may not approve or make federally en- ministrator of the Environmental Protection trator, to EPA Regional Administrators, con- forceable any provision described in subpara- Agency shall submit to Congress a report on cerning ‘EPA’s Interpretation of Regulations graph (B)(ii).’’. the results of the study under subsection (a), that Determine Pollutants Covered by Federal SEC. 3. PRESERVING ONE NATIONAL STANDARD including any findings and recommenda- Prevention of Significant Deterioration (PSD) FOR AUTOMOBILES. tions. Permit Program’ (December 18, 2008). Section 209(b) of the Clean Air Act (42 U.S.C. The CHAIR. Pursuant to House Reso- ‘‘(D) ‘Prevention of Significant Deterioration 7543) is amended by adding at the end the fol- lution 203, the gentlewoman from and Title V Greenhouse Gas Tailoring Rule’, lowing: Texas (Ms. JACKSON LEE) and a Member published at 75 Fed. Reg. 31514 (June 3, 2010). ‘‘(4) With respect to standards for emissions of ‘‘(E) ‘Action To Ensure Authority To Issue greenhouse gases (as defined in section 330) for opposed each will control 5 minutes. Permits Under the Prevention of Significant De- model year 2017 or any subsequent model year The Chair recognizes the gentle- terioration Program to Sources of Greenhouse new motor vehicles and new motor vehicle en- woman from Texas. Gas Emissions: Finding of Substantial Inad- gines— Ms. JACKSON LEE of Texas. I want equacy and SIP Call’, published at 75 Fed. Reg. ‘‘(A) the Administrator may not waive appli- to thank the ranking member of the 77698 (December 13, 2010). cation of subsection (a); and full committee for reading a very im- ‘‘(F) ‘Action To Ensure Authority To Issue ‘‘(B) no waiver granted prior to the date of portant letter into the RECORD that the Permits Under the Prevention of Significant De- enactment of this paragraph may be construed EPA has no intention to manipulate or terioration Program to Sources of Greenhouse to waive the application of subsection (a).’’. Gas Emissions: Finding of Failure To Submit to utilize cap-and-trade as part of their SEC. 4. SENSE OF CONGRESS. responsibilities. This is not a cap-and- State Implementation Plan Revisions Required It is the sense of the Congress that— for Greenhouse Gases’, published at 75 Fed. Reg. (1) there is established scientific concern over trade initiative or legislation. It has 81874 (December 29, 2010). warming of the climate system based upon evi- nothing to do with cap-and-trade. ‘‘(G) ‘Action to Ensure Authority To Issue dence from observations of increases in global In fact, I think the whole concept of Permits Under the Prevention of Significant De- average air and ocean temperatures, widespread this Energy Tax Prevention Act is terioration Program to Sources of Greenhouse melting of snow and ice, and rising global aver- muddled and befuddled. I don’t under- Gas Emissions: Federal Implementation Plan’, age sea level; stand it. I practiced oil and gas law for published at 75 Fed. Reg. 82246 (December 30, (2) addressing climate change is an inter- almost 15 or 20 years. I come from 2010). national issue, involving complex scientific and ‘‘(H) ‘Action to Ensure Authority to Imple- Houston, and I recognize the difficul- economic considerations; ties that we have in the industry and ment Title V Permitting Programs Under the (3) the United States has a role to play in re- Greenhouse Gas Tailoring Rule’, published at 75 solving global climate change matters on an understanding the industry. But I also Fed. Reg. 82254 (December 30, 2010). international basis; and am cognizant that this majority, my ‘‘(I) ‘Determinations Concerning Need for (4) Congress should fulfill that role by devel- good friend on the other side that rep- Error Correction, Partial Approval and Partial oping policies that do not adversely affect the resents that, they are interested in ad- Disapproval, and Federal Implementation Plan American economy, energy supplies, and em- hering to the Constitution. Regarding Texas Prevention of Significant Dete- ployment. rioration Program’, published at 75 Fed. Reg. And I don’t know why they have not 82430 (December 30, 2010). The CHAIR. No amendment to the studied the Supreme Court decision in ‘‘(J) ‘Limitation of Approval of Prevention of committee amendment is in order ex- Massachusetts versus EPA that clearly Significant Deterioration Provisions Concerning cept those printed in House Report 112– indicates, even though this was motor

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5305 vehicle emissions that they were talk- I ask my colleagues to support this Collin Peterson (D–MN), Transportation and ing about, but it held that greenhouse amendment. Infrastructure Committee Ranking Member gases, widely viewed as contributing to I reserve the balance of my time. Nick Rahall (D–WV), and Energy and Power climate change, constitute air pollut- Mr. UPTON. Mr. Chairman, I rise in Subcommittee Chairman Ed Whitfield (R– KY). ants, and therefore that phrase as uti- opposition to the amendment. ‘‘I applaud the introduction of this bi-par- lized under the Clean Air Act and the The CHAIR. The gentleman from tisan legislation to bring a halt to regulation EPA has jurisdiction to regulate under Michigan is recognized for 5 minutes. of greenhouse gases through the Clean Air the Clean Air Act. Mr. UPTON. I just want to say to my Act. There is broad agreement that the I assume what we are doing is trying friend from Texas that with regard to Clean Air Act is the wrong tool to regulate to bash a long-standing process rather the hue and cry of folks that support greenhouse gases. The rule serves to impose than coming up with better ideas. I this legislation, not a lot of business high costs and business uncertainty related think my amendment brings about a folks, I have a whole series of letters of to new investments in the manufacturing sector. Congress, not EPA, should decide en- better idea, because energy is a na- support for our legislation from the ergy policy; in particular, issues related to tional security issue. And what my American Electric Power to the Farm investments in renewable energy, including amendment poses to do is to ask seri- Bureau, the Iron and Steel Institute, biomass. ous questions about the impact of Americans for Tax Reform, American ‘‘The Greenhouse Gas regulations are the eliminating the EPA authority, finding Public Power, Business Roundtable, latest example of those that would hamper a way to work through this question: Chamber of Commerce, Metalcasters job growth and put obstacles in the way of What would be the long-term impact? Alliance, Multi-Traders Letters, auto American business to compete in the global Because the legislation that is now marketplace. Inexplicably, this is happening dealers, Realtors, manufacturers, Na- as other parts of the Administration are pro- written by my friends on the other side tional Association of Manufacturers, moting the need for more exports and job of the aisle is telling the United States cattlemen, Mining Association, petro- creation. of America, in conflict with the United chemical, Rural Electrical Coopera- ‘‘I commend Energy and Commerce Com- States Supreme Court decision—and tive, and on and on. mittee Chairman Fred Upton (R–MI), Agri- culture Committee Ranking Member Collin let me just hold up a visual, the Con- LETTERS OF SUPPORT Peterson (D–MN), Transportation and Infra- stitution, which is what this majority AF&PA Press Statement says that they are basing their whole structure Committee Ranking Member Nick American Coalition for Clean Coal Elec- Rahall (D–WV), and Energy and Power Sub- legislative agenda on. tricity Press Statement committee Chairman Ed Whitfield (R–KY) Well, we have constitutional author- American Electric Power for introducing this legislation. We look for- ity. And they are now telling us that American Farm Bureau Federation ward to working with Congress on this very we should not regulate water vapor, American Iron and Steel Institute important issue.’’ carbon dioxide, methane, nitrous oxide, Americans for Prosperity Press Statement Americans for Tax Reform sulfur hexafluoride, AMERICAN COALITION FOR API–ACC Coalition Letter hydrofluorocarbons, perfluorocarbons, CLEAN COAL ELECTRICITY, American Public Power Association Alexandria, VA. and any other substance. I don’t hear a Business Roundtable Letter HOUSE, SENATE INTRODUCE LEGISLATION TO scream and cry of the industry. I do Chamber of Commerce STOP EPA REGULATIONS hear the idea that there are burdens Cornwall Alliance that will come upon the industry that Freedom Action Press Release ALEXANDRIA, VA.—The American Coalition we should address. Industrial Energy Consumers of America for Clean Coal Electricity today praised the So the amendment that I have that I Press Statement introduction in the U.S. House and Senate of Metalcasters Alliance bipartisan legislation that would ensure the am asking for real consideration on the authority to regulate emissions of green- basis of a national security question, Midwest Power Coalition Multi-Traders Letters house gases rests with Congress, and not the How will we provide for resources that NACS EPA. The bills were introduced by House En- will provide for the engine economy of National Automobile Dealers Association ergy and Commerce Committee Chairman this Nation, the long-term impact of National Association of Realtors Fred Upton and Senate Environment and the Environmental Protection Agency National Association of Manufacturers Public Works Ranking Member James having no authority to regulate emis- National Association of Manufacturers Inhofe. ‘‘The EPA’s sweeping regulations will af- sions of greenhouse gases? Also, if Press Statement National Cattleman’s Beef Association fect the lives of millions of Americans, from there are alternatives to ensure com- their electricity bills to the economy as a pliance with the Clean Air Act, if you National Center for Public Policy Research National Mining Association Press State- whole. Given this wide-ranging impact, it is have a better alternative. And best ment important that Congress—not the EPA—ad- practices with respect to greenhouse National Petrochemical & Refiners Asso- dress greenhouse gas emissions in a manner gas regulation under the Clean Air Act, ciation that takes into consideration both environ- which the Supreme Court decision National Rural Electric Cooperative Asso- mental and economic impacts,’’ said Steve clearly dictates that it has the author- ciation Miller, president and CEO of ACCCE. The bills would eliminate EPA’s authority ity to regulate it. But we need to col- NRECA Press Statement Nucor Letter to regulate greenhouse gas emissions under laborate and cooperate and understand the Clean Air Act, which is ill-suited for that how we balance the needs of an energy Southern Company Steelgram—Support H.R. 910 task. The legislation introduced today would policy. Tesoro Corporation leave in place all of the essential provisions Might I also say that energy recog- The Brick Industry of the Clean Air Act. nizes all forms of energy. And energy The Fertilizer Institute EPA’s proposed regulations on greenhouse companies that are in oil and gas are Valero Energy Corporation gas emissions could have a dramatic impact looking at alternatives. They have on jobs and the economy. A recent analysis by the American Council for Capital Forma- AMERICAN FOREST & whole sections that are addressing the tion concluded that uncertainty caused by PAPER ASSOCIATION, question of alternative fuels. Why are these regulations could, by 2014, result in the Washington, DC. we raising a bill that has no sense of loss of between $25 billion to $75 billion in in- direction in what it is trying to do and AF&PA STATEMENT ON THE ENERGY TAX vestment in the economy and that this could to eliminate an oversight that is pro- PREVENTION ACT (H.R. 910) result in the loss of between 476,000 and 1.4 tecting the American public in their WASHINGTON.—American Forest & Paper million jobs. quality of life and also doesn’t speak to Association President and CEO Donna Har- ‘‘At a time when Americans are struggling how we work with the industry to actu- man today issued the following statement with high energy costs, the EPA’s proposed regarding the Energy Tax Prevention Act regulations could make electricity more ex- ally make sure that we check these (H.R. 910) as introduced in the U.S. House of pensive. The affordability of coal-fueled elec- emissions but as well provide the op- Representatives by Energy and Commerce tricity has helped moderate increases in en- portunity for domestic growth and do- Committee Chairman Fred Upton (R–MI), ergy costs, and continued reliance on coal mestic energy growth? Agriculture Committee Ranking Member can help the U.S. recover economically and

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5306 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 American businesses to compete globally,’’ ally, under the thresholds set by the Clean So we don’t need a study, and I would said Miller. ‘‘We thank Chairman Upton and Air Act, many farmers and ranchers would oppose my good friend from Houston’s Senator Inhofe for their leadership on this eventually be required to obtain costly and amendment and encourage all Members critical issue as well as Members of Congress burdensome Title V operating permits or to also oppose it. from both parties who have agreed to be ini- New Source Review/Prevention of Signifi- tial co-sponsors of the bill.’’ cant Deterioration permits. EPA itself esti- Mr. UPTON. May I ask how much mates that more than 37,000 farms will be time remains. AMERICAN ELECTRIC POWER, subject to Title V permits, at a cost of more The Acting CHAIR (Mrs. EMERSON). Columbus, OH, March 3, 2011. than $866 million. The gentleman from Michigan has 23⁄4 Hon. FRED UPTON, While the costs of compliance may be high, minutes remaining. Chairman, House Committee on Energy and the environmental benefits from EPA regu- Mr. UPTON. I yield the balance of Commerce, U.S. House of Representatives, lation are marginal at best. Unless and until my time to the gentleman from Cali- Rayburn House Office Building, Wash- an international agreement is reached, uni- lateral action by EPA will have little or no fornia (Mr. BILBRAY), a member of the ington, DC. committee. DEAR CHAIRMAN UPTON: I am writing today environmental impact. EPA Administrator to express my strong support for the Energy Jackson has acknowledged this fact in testi- Mr. BILBRAY. I appreciate that. Tax Prevention Act of 2011. mony before Congress. Let’s talk science, ladies and gentle- When the Clean Air Act was originally en- The president has stated that congres- men. Everyone wants to talk about the acted, it was not the expectation of Congress sional action is a better way to address the threat of climate change, but no one that this Act be applied to greenhouse gases. issue than EPA regulation. We agree. The wants to address the fact that what Energy Tax Prevention Act recognizes this In fact, the Act was designed to regulate am- EPA has proposed, by the admission of bient air quality and hazardous air pollut- as well and places the responsibility for reg- ulating GHGs where it belongs—with Con- the administrator, cannot even indi- ants, among other matters. Moreover, the cate what percentage of greenhouse regulation of greenhouse gases was not man- gress. We commend you for introducing this dated by the Supreme Court ruling and bill and look forward to working with you on gases those regulations could reduce. therefore is not necessarily required by the it. And not one scientist, not one expert Clean Air Act. Sincerely, in our committee, or I have seen any- It is clear to us at American Electric BOB STALLMAN, where else, has ever said what is being Power that the issue of climate change pol- President. proposed by EPA, that is going to cost icy should be addressed exclusively through I yield 4 minutes to the gentleman at least $200 million, will not avoid the the legislative process. The Congress of the from Texas (Mr. BARTON). problem of climate change. So the United States is better equipped to holis- question is this, what are the American tically evaluate not only the environmental b 1600 impacts of greenhouse gases but also the im- Mr. BARTON of Texas. I thank the people getting for their $200 million. pacts of greenhouse regulation on the econ- distinguished chairman for the time. Now, I’m sorry, some of us have omy, employment, energy and international Well, let me say something positive worked on air pollution issues. I know trade. I firmly believe that this approach is about my good friend from Houston, the precursors to ozone. If they are crucial to ensuring a sound national policy. Texas’s amendment before I say some- saying that the problem is it’s a pre- I again thank you for your leadership on thing negative. If it were to pass, it cursor to ozone, believe me, it is so this important matter, and AEP looks for- small and minute that those of us that ward to working with you to enact this legis- would at least force the EPA to do a real study, which is more than I can are working in non-attainment areas lation. never even gave a second glance at CO . Sincerely, say they did before they issued their 2 MICHAEL J. MORRIS, endangerment finding. So don’t talk about it being a health Chairman of the Board, If you look at the endangerment find- risk based on a precursor to ozone. President and Chief Executive Officer. ing that they actually did to satisfy Look at what we are getting for the the requirement of the Supreme Court, money. AMERICAN they didn’t do any scientific analysis. What we are actually talking about FARM BUREAU FEDERATION, They didn’t do any independent anal- here is not allowing EPA to go out and Washington, DC, March 3, 2011. ysis. They basically took regurgitated implement programs that the adminis- Hon. FRED UPTON, trator admits that she cannot tell us U.S. House of Representatives, Rayburn House research and press clippings and appar- Office Building, Washington, DC. ently some student’s thesis as the jus- what the American people are going to DEAR CHAIRMAN UPTON: The American tification for coming up with their get for their dollars. Farm Bureau Federation (AFBF) strongly endangerment finding. If you want to do a study, then let’s supports the Energy Tax Prevention Act of If we accept the gentlelady from do a study on what would have to be 2011 that you plan to introduce in the House Houston’s amendment, you do really done to address this issue the way that of Representatives. gut this bill, which, if you are opposed some of us think it should be ad- This bill would preempt regulation of to it, that’s probably a good outcome. dressed. But let’s not say that some- greenhouse gases (GHG) by the Environ- how that by holding up a program that mental Protection Agency (EPA) based on But if you are supportive of it, it’s not climate change considerations. The bill a good outcome. is admitted not to be able to deliver would not affect previously enacted or pro- We don’t need to do a study. CO2 is any tangible benefits, that holding up posed rules regarding emissions from mobile not a pollutant under the definitions of that program is somehow going be a sources. the Clean Air Act. It’s not harmful to threat to public health. The regulation of GHG does not fit within health, as I keep pointing out. So let’s just get back down to the the current framework of the Clean Air Act. As I speak, I create CO2, and so you real science, and that is no one in this Unlike other regulated pollutants, where need CO2 for life. Manmade CO2 does establishment is talking about address- Clean Air Act thresholds are sufficient to not significantly contribute to climate ing the climate change issue. Some regulate the largest emitters, GHG regula- people are saying it doesn’t exist and tion at statutorily required, thresholds holds change. We do have climate change, as the prospect of costly and burdensome per- we always have and always will. others are trying to sell an environ- mit requirements on farms, ranches, schools, But to say that CO2 emissions made mental placebo that makes you look hospitals and some large residences. by man somehow are causing all these good because you are doing something, Farmers and ranchers will be particularly catastrophic changes is simply not but spends huge amounts of money, has disadvantaged under such a regulatory true. What the bill before us does is say a great impact, and does not address scheme. The costs incurred by utilities, re- we protect the Clean Air Act, we want the problem and would not avoid the finers and manufacturers to comply with to enforce the Clean Air Act, but we problem. GHG regulations will be passed along to want it to be in force for the criteria One thing we have got to make clear. their customers, including farmers and ranchers, increasing their fuel, fertilizer and pollutants that it was intended for, and Don’t talk to me about incrementalism energy costs. Unlike other types of busi- we do not believe that CO2 is one of the when we talk about climate change. nesses, farmers and ranchers have much less pollutants that it was intended to reg- You talked to the same scientists that ability to pass along such costs. Addition- ulate. you say are telling us about climate

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5307 change, and they say if we don’t get mental Protection Agency (EPA) to ensure ac- of climate change include, but are not limited the job done within the next decade or curate consideration of how proposed regula- to: increase drought; more heavy downpours two, forget about it. It’s over with. tions would affect energy production levels, and flooding, and harm to water resources, The fact is that climate change will feasibility of implementation on the industry, agriculture, wildfire and ecosystems.’’ happen. And, sadly, what I have seen in as well as the adverse environmental effects Not only would the deregulation of green- the last 2 years about this issue, I have of delaying implementation of proposed regu- house gases impact the health of our citizens, come to the conclusion this body really lations. My amendment would also ensure the it will also, have a negative impact on our abil- should be talking about what we need Environmental Protection Agency retains its ity to maintain and create new jobs. Poor to do to mitigate the impact, because ability to regulate greenhouse gas emissions health and low air quality only discourages in- you are not doing anything to avoid it, under the authority provided by the Clean dustries from coming to an area. New indus- and we shouldn’t tell the American House Act. tries will not be willing to move into areas that people that we are. I cannot envision any American living in a are polluted which negatively impacts job Ms. JACKSON LEE of Texas. May I polluted area wanting to support a permanent growth in those communities. ask the remaining time. ban on the Environmental Protection Agency’s Currently there are programs in Houston The Acting CHAIR. The gentlewoman ability to regulate greenhouse gases. The po- such as the Energy Efficiency Incentive Pro- from Texas has 1 minute remaining. tential negative impact of greenhouse gases is gram which aims to significantly reduce Hous- Ms. JACKSON LEE of Texas. I yield supported by the scientific community. The ton’s emissions of greenhouse gases and cri- 30 seconds to my good friend from Cali- National Academy of Sciences reported in teria air pollutants. The oil and gas industry is fornia (Mr. WAXMAN). 2010: ‘‘Climate change is occurring, is caused also investing alternative energy sources and Mr. WAXMAN. Thank you very largely by human activities, and poses signifi- improving air quality standards; such initiatives much. cant risks for—and in many cases already af- look towards the future, ensures job creation, I just want to point out, Mr. BARTON, fecting—a broad range of human and natural and protects our nation’s health. my very good friend who used to be systems.’’ It is clear that quality of our air im- I believe the Environmental Protection chairman of the committee and was pacts the quality of our health. The Clean Air Agency plays an essential role in providing ap- propriate and balanced guidance to the indus- ranking member when I asked him to Scientific Advisor Committee, EPA’s inde- try, which in turn encourages them to have a work with us on a bipartisan energy pendent science advisors, reviewed evidence workable timeframe to determine the appro- bill policy, he said, I don’t believe from roughly 1,700 studies in the scientific re- priate measures to improve our nation’s air there is such a thing as global warm- search of the health impact of ozone. They quality. The EPA ensures that energy indus- ing. It doesn’t exist, it’s not a problem. unanimously concluded that the EPA needs tries have a reasonable standard to base their Why spend any effort or money to find ozone standards. This would ensure an ade- the solution? operations. quate margin of safety for the public as re- My amendment requires the EPA to care- And now, while the gentlelady’s quired by law. This is about protecting our na- amendment is saying at least study fully study this issue and to determine the long tion’s health, industry, and our environment. term impact on health, the industry and the what will happen if you don’t do any- As a Houstonian the affects of H.R. 910 are environment. I strongly urge my colleagues to thing in this area, and he said that’s of particular concern to me. A study conducted support a reasonable, fair and measured re- not needed either. I think at least we by the American Lung Association ranked sponse to addressing regulation of green- ought to know what the gentlelady is Houston as the 7th most ozone-polluted city in house gases. suggesting, and that is, what would be the country. Children, teens, senior citizens, Under current law, The Clean Air Act pro- the long-term impact if we do nothing. and people with lung diseases like asthma, vides the EPA with the authority to take steps I support the Jackson Lee amend- chronic bronchitis, emphysema and others are that will reduce greenhouse gas emissions. ment. particularly vulnerable to poor air quality and On April 2, 2007, the Supreme Court ruled in Ms. JACKSON LEE of Texas. I thank are at risk for developing irreversible lung Massachusetts v. EPA that greenhouse gas, the distinguished gentleman for all of damage. A rise in poor air quality has the po- constitute ‘‘air pollutants’’ as the phrased is his work. tential to increase emergency room visits and used in the Clean Air Act. Such pollutants may I come as a peacemaker, Madam hospital admissions for respitory problems reasonably be anticipated to endanger public Chair. Houston, by the American Lung which increases the cost of healthcare to tax health or welfare. As a result, the government Association, is the seventh most ozone- payers. has the legal authority to issue standards for polluted city in the Nation. The Su- In Houston-Baytown-Huntsville, TX, over a greenhouse gas emissions. As the Clean Air preme Court clearly said under the million children under the age of 18 will be Act falls under the authority of the Environ- Clean Air Act that it authorized the negatively impacted if air quality continues to mental Protection Agency, it is therefore legiti- EPA to regulate greenhouse gases as it decline. Children exposed to air pollution suf- mate for the EPA to regulate greenhouse makes a judgment that it impacts on fer stunted long growth, as well as develop- gases. My amendment ensures compliance climate change. At the same time ment of asthma, and increased respitory infec- with a U.S. Supreme Court ruling. As written, there are industries that happen to be tions. H.R. 910 would overturn Massachusetts v. oil and gas that can sit down and ben- According to the American Lung Associa- EPA. As written H.R. 910 would overturns a efit from a real study that will talk tion, researchers have also concluded that ruling by the Supreme Court. Such an action about best practices and also have the prenatal exposure to air pollution harms chil- is too extreme when there are other more ten- engagement that we need to have. dren, and increase the risk of babies being able solutions available. It is reckless to talk about what sci- born with low birth weight. We cannot allow a total eradication/elimi- entists have said. The Members are not We owe it to our children to provide clean, nation of the responsibilities of the EPA to reg- scientists, and I believe you cannot rid healthy air. We have an agency that is ulate greenhouse gases. This would impact the EPA of its jurisdiction. charged with regulating our air quality. My the health of our nation, negatively impact in- I would ask my colleagues to be amendment would ensure the EPA can con- dustries, and overturns a Supreme Court rul- thoughtful, along with the industry, tinue to protect our nation’s health by regu- ing. The present version of H.R. 910, without and let’s have a reasonable study. This lating green house emissions. amendment fails to provide a studied and impacts national security. This amendment will ensure that the EPA measured approach when trying to find a bal- I ask my colleagues to support my reports to Congress its findings on the long ance between the need for our nation to main- amendment. term negative impacts of greenhouse gases. tain quality air levels and the need for our na- Madam Chair, I rise today to offer an Findings from a recent EPA study titled ‘‘As- tion to continue job growth. This bill takes a amendment to H.R. 910, ‘‘Energy Tax Preven- sessment of the Impacts of Global Change on sledge hammer approach that is too extreme. tion Act of 2011.’’ H.R. 910 prematurely elimi- Regional U.W. Air Quality: A Synthesis of Cli- The purpose behind my amendment is to nates the responsibilities of the Environmental mate Change Impacts on Ground-Level reach a compromise. To ensure that fair and Protection Agency to regulate greenhouse gas Ozone’’ suggest that climate change may lead reasonable regulations can be implemented emissions. My amendment would require an to higher concentrations of ground-level without adverse effects to our nation’s air and assessment of the industry by the Environ- ozone, a harmful pollutant. Additional impacts our nations industry.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00039 Fmt 0688 Sfmt 9920 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5308 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 Madam Chair, I believe it is very important tion for rulemaking under section 202(a) filed from Texas (Ms. JACKSON LEE) and a to provide the EPA with the opportunity to by more than a dozen environmental, renew- Member opposed each will control 5 carefully study this matter and report back to able energy, and other organizations. minutes. On April 17, 2009, the Administrator signed Congress within 60 days and urge my col- The Chair recognizes the gentle- proposed endangerment and cause or con- woman from Texas. leagues to join me in supporting this amend- tribute findings for greenhouse gases under ment. Section 202(a) of the Clean Air Act. EPA held Ms. JACKSON LEE of Texas. I am HOUSTON MAYOR’S TASK FORCE ON THE HEALTH a 60-day public comment period, which ended going to take a slightly different per- EFFECTS OF AIR POLLUTION June 23, 2009, and received over 380,000 public spective and ask my colleagues to sup- Thousands of tons of potentially harmful comments. These included both written com- port this amendment. chemicals are discharged each day into ments as well as testimony at two public Again, I am hoping, I know there are Houston’s atmosphere as a result of human hearings in Arlington, Virginia and Seattle, a lot of letters that my good friend activities, substances, and technologies. Washington. EPA carefully reviewed, consid- from Michigan says that he has, and Consequently, people living in Houston are ered, and incorporated public comments and any time you put forward legislation exposed routinely to a myriad of pollutants has now issued these final Findings. that trade groups send word out to in the air they breathe. Estimated and/or Ms. JACKSON LEE of Texas. I yield membership and say, this is going to measured concentrations of some of these back the balance of my time. save you a bucket full of money, and airborne chemicals in ambient air are high The Acting CHAIR. The question is you better jump on the bandwagon, and enough to cause illness or injury in exposed on the amendment offered by the gen- individuals, especially those in our society there is no alternative or there is no who are most vulnerable, such as children tlewoman from Texas (Ms. JACKSON basis of understanding the and seniors. Although the available data are LEE). underpinnings of what we are doing, incomplete and uneven, the Task Force sur- The question was taken; and the Act- then you get that kind of praise. veyed information on 179 air pollutants and ing Chair announced that the noes ap- I hope that many people who are identified 12 substances in Houston’s air that peared to have it. with the industry, having practiced the are definite risks to human health, 9 that are Ms. JACKSON LEE. Madam Chair, I law, and I have seen some of the moun- probable risks, and 24 that are possible risks. demand a recorded vote. tains that all industries have to climb, Sixteen substances were found to be unlikely The Acting CHAIR. Pursuant to I think we can find a reasonable way of risks to Houstonians at current ambient lev- clause 6 of rule XVIII, further pro- functioning. els, and 118 substances were labeled uncer- I just want to put in the RECORD that tain risks because there was inadequate or ceedings on the amendment offered by insufficient information to determine wheth- the gentlewoman from Texas will be the industry, which is part of the drive er they presently pose a health threat to postponed. of my friends on the other side, the oil Houston residents. AMENDMENT NO. 2 OFFERED BY MS. JACKSON and gas industry does generate 9.237 LEE OF TEXAS million jobs, $1 trillion contributed to MASSACHUSETTS V. ENVIRONMENTAL The Acting CHAIR. It is now in order the economy, $178 billion paid to the PROTECTION AGENCY to consider amendment No. 2 printed in U.S. Treasury or to the government in THE U.S. SUPREME COURT SYNOPSIS House Report 112–54. royalties and bonus payments, and SUPREME COURT OF THE UNITED STATES Ms. JACKSON LEE of Texas. I have $95.6 billion in taxes, income taxes, $194 MASSACHUSETTS ET AL., PETITIONERS, V. an amendment at the desk. billion invested to improve the envi- ENVIRONMENTAL PROTECTION AGENCY ET AL. The Acting CHAIR. The Clerk will ronmental performance of its products, Background: States, local governments, designate the amendment. and $58.4 billion invested in low- and and environmental organizations petitioned The text of the amendment is as fol- zero-carbon emission technologies from for review of an order of the Environmental lows: 2000 to 2008. Protection Agency (EPA) denying a petition Strike sections 2 and 3, redesignate section for rulemaking to regulate greenhouse gas b 1610 4 as section 3, and insert after section 1 the emissions from motor vehicles under the following: I encourage them to keep going. But Clean Air Act. The Court of Appeals for the the way that you keep going is not to District of Columbia Circuit, 415 F.3d 50, dis- SEC. 2. CONSIDERATIONS AND PROCEDURES IN FINALIZING GREENHOUSE GAS REG- eliminate the oversight body, but you missed or denied the petitions. Certiorari ULATIONS. work with it. And my amendment is was granted. In the interest of properly considering the very clear. I create a pathway for the Holdings: The Supreme Court, Justice Ste- importance of energy to the national secu- vens, held that: industry to be engaged on any rule- rity of the United States, before finalizing (1) state of Massachusetts had standing to making. It shall provide a notice pe- any greenhouse gas regulation the Adminis- petition for review; riod of no less than 30 days specifically trator of the Environmental Protection (2) Clean Air Act authorizes the EPA to Agency— to the affected greenhouse gas pro- regulate greenhouse gas emissions from new (1) shall provide a notice period of no less ducers—and this is a sort of pipeline motor vehicles in the event that it forms a than 30 days specifically to the affected for the industry—proposed to be regu- ‘‘judgment’’ that such emissions contribute greenhouse gas producers proposed to be reg- lated and allow industry-specific com- to climate change; and ulated and allow industry-specific comments (3), EPA can avoid taking regulatory ac- ments to be submitted to the adminis- to be submitted to the Administrator regard- tion with respect to greenhouse gas emis- trator separate and apart from the pub- ing the economic impact of the proposed reg- sions from new motor vehicles only if it de- lic comment period and to discuss the ulation on the regulated industry; and termines that greenhouse gases do not con- economic impact of the proposed regu- (2) provide an opportunity for the regu- tribute to climate change or if it provides lated industry to request and receive a 60- lation; provide for an opportunity for some reasonable explanation as to why it day extension of such comment period dur- the regulated industry to request and cannot or will not exercise its discretion to ing which the Administrator shall conduct a receive a 60-day extension. And we determine whether they do. study to be submitted to Congress regard- should take into consideration the ef- Background: On April 2, 2007, in Massachu- ing— setts v. EPA, 549 U.S. 497 (2007), the Supreme fect of the proposed regulation on (A) the effect of the proposed regulation on Court found that greenhouse gases are air greenhouse gas emissions. the level of greenhouse gas reduction; pollutants covered by the Clean Air Act. The These companies have employees liv- (B) the effect of the proposed regulation on Court held that the Administrator must de- ing in our community. And it is noted energy production levels; termine whether or not emissions of green- that Houston, the Houston area to (C) the feasibility of implementation of the house gases from new motor vehicles cause regulation on the entities being regulated; Huntsville has some of the largest pol- or contribute to air pollution which may rea- (D) the effect of the proposed regulation on lutants in the air. We should also con- sonably be anticipated to endanger public the availability of energy to consumers; and sider the effect of the proposed regula- health or welfare, or whether the science is (E) the adverse environmental effects of tion has on energy production, the fea- too uncertain to make a reasoned decision. delaying implementation of the proposed In making these decisions, the Adminis- sibility of the implementation of the regulation. trator is required to follow the language of regulation on the entities being regu- section 202(a) of the Clean Air Act. The Su- The Acting CHAIR. Pursuant to lated, the effect of the proposed regula- preme Court decision resulted from a peti- House Resolution 203, the gentlewoman tion on the availability of energy to

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If you price putting a price on there, you raise the come up and show me all the letters carbon, you raise the cost of gasoline. cost of energy that everybody uses. that he’s saying that are supporting Now in this recessionary economy, do You raise the cost of home heating, legislation that completely obliterates we want to do that? And do we want to automobiles, electricity and the like. the opportunity for any governmental give the Environmental Protection Ms. JACKSON LEE of Texas. I yield oversight. I disagree. I want to know Agency the sole authority without our 15 seconds to the ranking member, the the question of whether or not we have doing the process that I think the leg- gentleman from California (Mr. WAX- had the kinds of discussions that war- islative process allows us to do, to talk MAN). rant a deliberative process and to bring about the winners and the losers, the Mr. WAXMAN. Thank you for yield- about a concept of listening to indus- give and take? ing to me. try and industry listening on the ques- What was decided in the last Con- This bill, the EPA does not put a tion of air pollutants. gress was the legislative process could price on carbon. The EPA is not setting I hold up the mayor’s task force on not pass this because it was too con- up a cap-and-trade program. The EPA the health effectiveness. It talks about troversial and it would affect jobs. It is only saying, in new facilities with Houston. But I’m not going to narrow would affect jobs. And this is what we large amounts of carbon emissions, put this to Houston. Wherever there are are all concerned about. in efficiency standards so that you can companies that are refineries, as they The last round of the Clean Air Act reduce those emissions. That’s all. so discussed, we are not trying to un- where you could really talk about toxic Ms. JACKSON LEE of Texas. I thank dermine that work. But does anyone emittents cost thousands of jobs in the gentleman. want to live in China with the air pol- southern Illinois, cost thousands of My friend from Illinois, have I got an lutants that they have? jobs in Kentucky and cost thousands of amendment for you. I’m answering Let me just say that what we are ad- jobs in the Ohio Valley. Again, you go your concern. dressing is a question of balance. My back to the basic premise if you price My amendment says it requires, be- amendment provides input by the in- carbon. fore finalizing emission regulations on dustry and by the EPA collaborating So what my colleague’s amendment greenhouse gas producers, the EPA on how this will impact going forward. does is it says let’s keep the EPA pric- must provide the producer with ade- I would like you to support my amend- ing of emittents that are not toxic— quate notice of at least 30 days. The ment. carbon dioxide is not a toxic emittent. provision would also allow for industry I reserve the balance of my time. It’s not nitrous oxide, it’s not sulfur di- input, encouraging collaboration be- Mr. WHITFIELD. Madam Chair, I oxide, it’s not a particulate matter, tween EPA and energy providers dur- rise in opposition to the amendment. and it’s not a criteria pollutant under ing the regulation process. The Acting CHAIR. The gentleman the EPA and the Clean Air Act. So Currently, the EPA does not have a from Kentucky is recognized for 5 min- we’re saying, don’t regulate emittents minimum time requirement. It also utes. that aren’t toxic; don’t put a price on gives another 60-day extension. This is Mr. WHITFIELD. I would like to carbon that will cost jobs. So that’s about national security because air yield such time as he may consume to why we need to reject this. pollutants and then no energy, bad on the gentleman from Illinois (Mr. SHIM- Now, in debates on the other amend- one side and bad on the other. Let’s get KUS), the chairman of the Environment ments, this isn’t the only attack on the together. Because we can’t dismiss any and the Economy Subcommittee. fossil fuel industry. Greenhouse gas is of these energy sources, but they need The Acting CHAIR. The gentleman just one rule coming down. Then we’ve to be better. And how can we, since from Illinois is recognized for up to 5 got boiler MCH, we’ve got mercury this is supposed to be the Supreme minutes. MCH, we’ve got cooling towers, we’ve Court Constitution side, how can you Mr. SHIMKUS. I would like to thank got coal ash, we’ve got the transport dismiss the constitutional right that my colleague from Kentucky for the rule, all separate rules, and these will EPA has to regulate? time, and I appreciate this opportunity affect the refining industry. Most of I ask my colleagues to support this to really talk about this. these regulations are new regulations amendment. This is an amendment for I rise reluctantly to oppose my friend coming down from the EPA to destroy them. from Houston. I know she has a lot of the fossil fuel sector that raises costs Madam Chair, I rise today in support of my her constituents who work in the fossil and destroys jobs. amendment No. 37 to H.R. 910, ‘‘Energy Tax fuel industry and the refining industry So my colleague’s amendment, what Prevention Act of 2011.’’ H.R. 910 prematurely and the refinery section, but parts of it does is it doesn’t change the reason eliminates the responsibilities of the Environ- the amendment do some disastrous why we’re here. The reason why we’re mental Protection Agency to regulate green- things to the bill. here is saying, EPA, stop. If it’s a good house gas emissions. My amendment would First of all, it strikes most of the enough policy, it can pass the legisla- protect our national security by considering in- base text. We are here today—and I un- tive body. But do you know what? It dustry specific energy providers that are derstand her position of wanting indus- wasn’t a good enough policy to pass a uniquely connected to our national security. try to listen, we want EPA to listen. Democrat-controlled Senate. And it This measure would expand the opportunity to The whole debate, why we’re down wasn’t good enough policy to get a bill garner industry input during the rulemaking here, is we want EPA to listen. And so to the President to sign into law. process, and would provide the Environmental as we address this debate, her amend- So why is it a good policy to let Protection Agency with a timeframe to engage ment would strike most of the base unelected bureaucrats in the Environ- with the industry during the process. text. And the whole reason why we’re mental Protection Agency move on a Madam Chair, this amendment requires that here is to get the attention of the EPA process to destroy jobs? Let’s be held before finalizing emissions regulations on and respond to the people who sent us accountable. If we want to do that, greenhouse gas producers, the Environmental here to not hurt and harm job creation. let’s cast our votes. What we’re casting Protection Agency (EPA) must provide the My friends, Ranking Member WAX- our votes today for is to keep the cost producer with adequate notice of at least 30 MAN and MARKEY, their bill did not of power low and save jobs, create jobs days. This provision would also allow for in- pass the legislative process. It didn’t go and grow jobs. If you want job cre- dustry input, encouraging collaboration be- through both Chambers and did not get ation, we support the underlying bill. tween the EPA and energy providers during

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5310 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 the regulation process. Currently, the EPA Madam Chair, my amendment is essential As currently written, H.R. 910 prohibits the does not have a minimum time requirement. to provide greater consideration to this sen- EPA from taking action to control greenhouse By mandating industry engagement during sitive issue by affording an opportunity for en- gas emissions. However, the bill provides a the rule making process We will ensure that ergy providers to state the impact that the pro- few narrow exceptions, such as allowing for the proposed regulations do not negatively im- posed rule would have on their industry. This the continuation of statutorily authorized re- pact industry jobs and domestic energy. This amendment will forge important compromises search, development, and demonstration pro- amendment would force a discussion between between the EPA and the energy industry. I grams meant to combat climate change. My the government and the industry during We urge my colleagues to join me in supporting amendment simply clarifies that voluntary pro- rule making process so that jobs can be main- my amendment. grams to control climate change are also ex- tained, U.S. dependence on foreign oil can be The Acting CHAIR. The question is empted from the bill’s prohibitions and can decrease, and the Supreme Court’s confirmed on the amendment offered by the gen- continue to take place. responsibilities of the Environmental Protection tlewoman from Texas (Ms. JACKSON I yield back the balance of my time. Agency will not be extinguished by short sight- LEE). The Acting CHAIR. The question is ed legislation. The question was taken; and the Act- on the amendment offered by the gen- As the Representative for Houston, the na- ing Chair announced that the noes ap- tleman from California (Mr. MCNER- tion’s energy capital, I am committed to finding peared to have it. NEY). a balance that will support continued growth in Ms. JACKSON LEE of Texas. Madam The amendment was agreed to. the energy industry while protecting the envi- Chair, I demand a recorded vote. AMENDMENT NO. 4 OFFERED BY MR. CUELLAR ronment. The Acting CHAIR. Pursuant to My amendment to H.R. 910 provides emis- The Acting CHAIR. It is now in order clause 6 of rule XVIII, further pro- to consider amendment No. 4 printed in sions producers in the energy industry the ceedings on the amendment offered by ability to engage in discussions and studies House Report 112–54. the gentlewoman from Texas will be Mr. CUELLAR. Madam Chair, I have with the EPA. The provisions in this amend- postponed. ment will encourage communication between an amendment at the desk. AMENDMENT NO. 3 OFFERED BY MR. MC NERNEY The Acting CHAIR. The Clerk will the EPA and energy providers throughout the The Acting CHAIR. It is now in order regulation process. designate the amendment. to consider amendment No. 3 printed in The text of the amendment is as fol- Americans should not have to risk living with House Report 112–54. highly polluted air. We must not shy away lows: Mr. MCNERNEY. Madam Chair, I In section 330 of the Clean Air Act, as from the importance of the Clean Air Act and have an amendment at the desk. the role of the Environmental Protection Agen- added by section 2 of the bill, amend sub- The Acting CHAIR. The Clerk will section (a) to read as follows: cy. This country needs energy. We utilize on designate the amendment. and off shore drilling exploration. We must en- ‘‘(a) DEFINITION.—In this section, the term The text of the amendment is as fol- ‘greenhouse gas’ means any of the following: sure that the industries impacted are engaged lows: ‘‘(1) Carbon dioxide. in the process while simultaneously regulating In section 330(b)(2)(C) of the Clean Air Act, ‘‘(2) Methane. the affects of green house gas. This is crucial as added by section 2 of the bill, after ‘‘dem- ‘‘(3) Nitrous oxide. to the daily lives of Americans. onstration programs’’ insert ‘‘and voluntary ‘‘(4) Hydrofluorocarbons. The Clean Air Act provides the EPA with the programs’’. ‘‘(5) Perfluorocarbons. authority to regulate emissions reduction. This ‘‘(6) Sulfur hexafluoride. authority was upheld by the Supreme Court’s b 1620 In section 330(b) of the Clean Air Act, as decision in Massachusetts v. EPA. Any at- The Acting CHAIR. Pursuant to added by section 2 of the bill— tempt to strip the EPA of this responsibility House Resolution 203, the gentleman (1) in paragraph (1)— would undermine the Clean Air Act and exac- from California (Mr. MCNERNEY) and a (A) in subparagraph (A), strike ‘‘under this Member opposed each will control 5 Act’’ and insert ‘‘under title I or title V of erbate global warming. this Act’’; and The EPA must be allowed to regulate the minutes. (B) in subparagraph (B), strike ‘‘The defini- emission of greenhouse gases. The climate The Chair recognizes the gentleman tion’’ and insert ‘‘For purposes of title I and change caused by these emissions affects from California. title V only, the definition’’; temperature, causes extreme weather and Mr. MCNERNEY. Madam Chair, I rise (2) in paragraph (2)(A), strike ‘‘Notwith- dramatically reduces air quality, resulting in to offer an amendment to H.R. 910. standing paragraph (4)(B), implementation’’ asthma, respiratory disease and lung cancer. Let’s be crystal clear about two and insert ‘‘Implementation’’; and The EPA projects that continued improve- things. The bill we are considering (3) strike paragraph (4) and redesignate ments in air quality under the Clean Air Act today, which I will call the dirty air paragraph (5) accordingly. will save more than a trillion dollars by 2020, act, is an attack on science, and it’s Strike section 3 of the bill (and redesignate section 4 of the bill as section 3). and prevent 230,000 deaths per year. By al- bad policy that will harm the Amer- lowing the EPA to protect our environment ican people. The world’s scientific ex- The Acting CHAIR. Pursuant to now, we provide security for future genera- perts overwhelmingly agree that cli- House Resolution 203, the gentleman tions. mate change is happening, it’s pri- from Texas (Mr. CUELLAR) and a Mem- Prohibiting the EPA from regulating green- marily caused by human activities, and ber opposed each will control 5 min- house gas emissions to ensure clean air and it has harmful consequences. utes. slow the rate of climate change will have last- However, despite our disagreements The Chair recognizes the gentleman ing consequences. We must, however, also about the merits of H.R. 910, I am offer- from Texas. consider the consequence to the energy in- ing an amendment that I think we can Mr. CUELLAR. Madam Chair, I rise dustry. all support. My amendment is pro-envi- today to encourage my colleagues to H.R. 910 simply takes the wrong approach. ronment, pro-consumer, and pro-busi- support my amendment. Instead of focusing on developing standards ness to make sure that our country can The intent of my amendment is quite upon which both the Environmental Protection continue to administer voluntary pro- narrow. This amendment makes the Agency and the affected industries agree, it grams to reduce pollution, improve underlying legislation a question of au- attempts to remove the Environmental Protec- public health, and address climate thority, not a question of science. The tion Agency from the process. Thereby baring change. amendment strikes the finding of the the industry from developing standards upon Mr. UPTON. Madam Chair, will the language from the particular bill. This which they can all agree. It is a matter of fair- gentleman yield? ensures that H.R. 910 is only about Ar- ness. The EPA would ensure that industries Mr. MCNERNEY. I yield to the gen- ticle I of the Constitution, giving the would have a minimum standard to follow. tleman from Michigan. U.S. Congress the right to say whether This measure would ensure the industry would Mr. UPTON. We are prepared to ac- the EPA can or cannot regulate green- be involved when determining the best prac- cept the agreement. house gas. tices to ensure that reasonableness of those Mr. MCNERNEY. I thank the gen- Also, the amendment preserves the regulations. tleman. authority of the agency to improve the

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This should not be a question of remove any enforcement power the With that, I yield the balance of my science. I think this should be a ques- EPA has previously exercised since en- time to the gentleman from Texas (Mr. tion of authority. We are on the same actment of the Clean Air Act. OLSON), and I ask unanimous consent page, but I see that the majority wants At the same time, this amendment that he be allowed to control that to keep the findings, and I can under- does not authorize new regulatory ini- time. stand that. I just ask, Madam Chair- tiatives beyond what the agency has The Acting CHAIR. Without objec- woman, the support of this particular done for decades. For example, the tion, the gentleman from Texas is rec- amendment. agency is in no way authorized by the ognized for 3 minutes. I reserve the balance of my time. amendment to undertake low carbon There was no objection. Mr. UPTON. Madam Chair, I think fuel standards or new emission guide- Mr. OLSON. I thank the chairman of we have the right to close. How much lines for permitting obligations for sta- the committee. time is remaining on each side? tionary sources. Madam Chair, I rise in opposition to The Acting CHAIR. The gentleman Finally, my amendment refines the this amendment. H.R. 910 was carefully from Texas (Mr. OLSON) does have the definition of H.R. 910 by removing written to provide the auto industry right to close and has 1 minute remain- water vapor. This is consistent with with greater certainty by streamlining ing, and the gentleman from Texas the legislation we have considered in the regulatory process with only one (Mr. CUELLAR) has 21⁄2 minutes remain- the past of what is and isn’t greenhouse fuel economy regulator—NHTSA—from ing. gas. Water vapor is not a long-term 2017 onward. b 1630 harmful warming cause. This amendment would remove that Mr. CUELLAR. I yield myself the In short, this amendment makes the provision by requiring that we con- balance of my time. underlying legislation a question of the tinue to have three separate regu- EPA’s authority granted under the Madam Chair, again, my amendment lators—the EPA, NHTSA, and Cali- is just about saying that H.R. 910 Clean Air Act. fornia—setting fuel economy stand- Madam Chair, I thank you for the should be article I of the Constitution. ards. This is wasteful and duplicative consideration of this amendment. I The question is, does Congress have the spending at a time when government urge all of my colleagues to vote ‘‘yes’’ right to regulate or do we let the bu- should be more efficient and providing on this amendment. reaucrats decide? This is what my I reserve the balance of my time. greater certainty for customers. amendment does. It just says that we, Mr. BARTON of Texas. Madam Chair, This amendment would allow the the Members of Congress, should decide I rise in opposition to the amendment. EPA to set low carbon fuel standards whether the EPA can or cannot regu- The Acting CHAIR. The gentleman is that would equate to nothing more late greenhouse gas. Again, this is a recognized for 5 minutes. than a carbon tax at the pump. In a question of authority and should not be Mr. BARTON of Texas. I rise in oppo- weak economy, this administration has a question of science. sition to my good friend from Texas, disregarded studies which have con- With that, Madam Chair, I yield back Mr. CUELLAR’s amendment. It may be cluded that greenhouse gas regulations the balance of my time. well intentioned, but it is poorly draft- will increase energy costs and destroy Mr. OLSON. I yield the balance of my ed. He may not have intended it, but if jobs. time to my colleague from Michigan we were to accept it, by allowing the An AP headline today read: ‘‘Rising (Mr. UPTON). EPA to regulate anything under title 2, Oil Prices Beginning to Hurt U.S. Mr. UPTON. Madam Chair, I would he would give the EPA authority not Economy.’’ These regulations will only just urge again my colleagues to vote only to regulate tailpipe emissions force Americans to pay more. Further- ‘‘no’’ on this amendment. from cars and trucks, but also author- more, it is Congress, not the EPA, that The Acting CHAIR. The question is ity to regulate trains, planes, and any has constitutional authority to decide on the amendment offered by the gen- other mobile source. I don’t know that if or how greenhouse gases should be tleman from Texas (Mr. CUELLAR). that was his intent, but that is cer- regulated. The amendment was rejected. tainly the effect of the amendment. My home State of Texas has im- AMENDMENT NO. 5 OFFERED BY MR. MURPHY OF We oppose the amendment for that proved its air quality and increased its CONNECTICUT reason, for the drafting reason. We also energy production even as we are hav- The Acting CHAIR. It is now in order oppose the amendment because it is ing the largest population growth in to consider amendment No. 5 printed in the majority’s opinion that we need, America. House Report 112–54. after 2017, to have one regulator for Our legislation allows America to Mr. MURPHY of Connecticut. I have mobile sources, and that regulator is find commonsense solutions that pro- an amendment at the desk. NHTSA, the National Highway Trans- vide an affordable, reliable energy sup- The Acting CHAIR. The Clerk will portation Safety Administration. This ply for our Nation, as well as providing designate the amendment. amendment would have three regu- much-needed certainty to an unstable The text of the amendment is as fol- lators: NHTSA, EPA, and the State of job market. lows: California. I urge my colleagues to oppose this Page 10, line 6, after subparagraph (C), in- We have been very careful in the amendment and support the underlying sert the following new subparagraph: drafting of the underlying bill to make bill, H.R. 910. ‘‘(D) TECHNICAL ASSISTANCE.—Nothing in sure that the existing standards for I reserve the balance of my time. this section shall be construed to limit the tailpipe emissions stay in place. This Mr. CUELLAR. Madam Chair, I authority of the Administrator to provide technical assistance to States or groups of bill does not change that. It would pre- thank my colleague from Houston and States for the implementation of regulations vent EPA from issuing regulations for my colleague from Dallas also. Just be- those States have adopted or may adopt con- CO2 emissions for tailpipes, but the un- cause we drafted this doesn’t mean it cerning the limitation of greenhouse gas derlying bill does not prohibit regu- was poor drafting. With all due respect, emissions, including providing any data de- lating the various emissions under if they have a problem with whether veloped in accordance with the rules or ac- NHTSA and the State of California for they want to put language there on tions repealed by subsection (b).’’. tailpipe emissions that actually affect science, that is one thing. My amend- The Acting CHAIR. Pursuant to fuel economy. ment is on the same page as what they House Resolution 203, the gentleman

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from Connecticut (Mr. MURPHY) and a effect, I’d like them to come to Con- the regulations that EPA is beginning Member opposed each will control 5 necticut, I’d like them to come to the to place on our country, then we will minutes. 10 States that are part of the RGGI car- once again create an environment The Chair recognizes the gentleman bon emissions regime in which we have where the private sector can create from Connecticut. seen what smart regulation of carbon jobs, where we can once again create Mr. MURPHY of Connecticut. I yield can do. We have set an aggressive manufacturing jobs. myself such time as I may consume. standard in our RGGI system whereby Until January 5 of this year, I was in Madam Chair, this amendment is we are seeking a 10 percent reduction the manufacturing sector. I was mak- fairly simple. While the underlying in carbon, and we’re doing it through ing things in the private sector. And I bill, though, I think very wrongly pre- the dreaded cap-and-trade regime that watched as government got in the way vents the EPA from going forward on many on the other side have talked and made it expensive, drove up the regulating greenhouse gases, my about for years. cost of energy so that our products amendment affirms that state-run What have we seen in Connecticut? were not competitive. We are now, be- greenhouse gas programs will not be af- The jury is in, the results are in, and ginning with H.R. 910, to peel that fected by the underlying legislation. we have in the 10 RGGI States saved back, to take on the task of restoring My amendment simply clarifies that enough energy to equal the cumulative opportunity for Americans once again language, by keeping in practice the input of 442,000 homes. We’ve saved an to manufacture here in our country, longstanding tradition whereby the immense amount of energy. Now by for those folks who are struggling to EPA will be able to continue providing doing that, what’s happened to cost? begin once again to afford energy for technical assistance for States like Well, guess what? Cost has plummeted. themselves, for their families, and for mine who have taken action on their We have saved $744 million for con- our small businesses. own to combat climate change. I think sumers in Connecticut. Why? We’ve de- I oppose the Murphy amendment be- this is a good and perfecting amend- creased demand for energy, and so we cause it guts what we’re trying to do in ment. Unfortunately, it doesn’t do have decreased cost. We have saved en- H.R. 910, which is to once again put enough to allow me to support this leg- ergy and we have decreased cost America back on a course that says islation. through a system of carbon control not we’re going to have safe air, we’re I can’t support this legislation, be- dissimilar to ones we’ve talked about going to have clean drinking water, but cause, as many have said before, it is in this Congress and not dissimilar to we’re going to do it in a way where the simply an affront, an attack on what we are looking at at the EPA private sector can create jobs, we can science, on 99 percent of peer reviewed today. I propose this amendment as a grow our economy, and we will not articles which have supported the idea way of simply allowing States to move have to have the unemployment rate that the United States needs to do forward with what I think have been that we have struggled through for the 1 something as 5 percent of the world’s very beneficial carbon reduction re- last 2 ⁄2 years. Mr. MURPHY of Connecticut. May I population and 25 percent of the gimes in the absence of Federal con- inquire as to how much time is remain- world’s pollution. We have 230,000 trol. deaths that have been prevented by the I think it’s a sad day that we’re here ing. The Acting CHAIR. The gentleman Clean Air Act, and the economic bene- talking about this today. It used to be from Connecticut has 30 seconds re- fits outweigh the costs of it by a 3-to- that Republicans and Democrats could maining, and the gentleman from Lou- 1 margin. at the very least agree on clean air. We But even if you set aside the sci- isiana has 3 minutes remaining. could at the very least agree on the Mr. MURPHY of Connecticut. I yield entific debate, there are dozens of fact that pollution was an issue which other reasons why we should be sup- myself the balance of my time. we should address. And the fact that I would inquire of the gentleman as portive of the United States and the that is now a subject of disagreement, to how he thinks this amendment guts EPA taking a strong role on the issue I think, is a grave statement on how the underlying legislation. All this of regulating greenhouse gases. It is an far the Republican Party has come amendment does is simply allow for affront to the millions of unemployed over the last decade. the EPA to continue working with workers in this country who are asking I reserve the balance of my time. States on their own systems. I think for leadership from this Congress on Mr. SCALISE. Madam Chair, I rise in the hyperbole has gotten a little out of developing a new economy in the area opposition to the amendment. control from the Republican side. This of clean energy, to allow the EPA the The Acting CHAIR. The gentleman is simply seeking to assist States in ability to join other nations around the from Louisiana is recognized for 5 min- the work that they are continuing to world in putting a downward pressure utes. do today. It does absolutely nothing to on carbon emissions so that we can Mr. SCALISE. I yield 21⁄2 minutes to gut the underlying legislation, and it have an upward pressure on the num- the gentleman from Kansas (Mr. just adds clarifying language to allow ber of new clean energy jobs that this POMPEO). States to move forward with their own country can create. But even if you set Mr. POMPEO. Madam Chairman, I systems of controlling greenhouse aside that argument, even if you set rise in opposition to the Murphy gases. aside the science, set aside the jobs ar- amendment. I yield back the balance of my time. gument, from a national security per- I heard my colleague speak. He spective, we need to go forward with talked about it being a sad day, a day b 1640 these EPA regulations, or, in the ab- when Republicans and Democrats can- Mr. SCALISE. Madam Chair, we are sence, we need to be passing legislation not agree about the importance of en- here today because the EPA has con- here in the United States Congress. vironmental safety and clean air. I tinued to push this effort to pass a na- We continue to send abroad Amer- could not disagree more. Those of us on tional energy tax. It was tried through ican dollars to petro-dictators who use our side care deeply to make sure we’ve cap-and-trade over the last year and a it to funnel money to the very people got clean air and clean water and safe half. That bill went through the legis- that are seeking to attack this nation. drinking water. We care deeply about lative process and was defeated in a bi- From a national security standpoint, that. It is not a sad day. partisan way. This is not a Republican we need to be moving forward with a I’ve been here in Congress for 90 days. or a Democrat issue when we’re talking greenhouse gas strategy. Yesterday marked 3 months on station. about preventing the EPA from run- I am proposing this amendment, The Democrats have been talking ning millions of jobs out of our coun- though, because for all of the about jobs bills. Where are the jobs try, and that is literally what’s at naysayers, for all of the people who bills? Well, here’s one. Here’s the first stake here. talk about doomsday and Armageddon of many. If we can begin to peel away Believe me, as people look through if these EPA regulations are to go into the burden and the disaster that are the letters of support and as we comb

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through the days of testimony that couldn’t get it passed through Con- gentleman from Connecticut (Mr. MUR- we’ve had on this over the last 2 years gress. PHY) each will control 1 extra minute. with regard to this concept of the Of course, anyone who has taken Mr. MURPHY of Connecticut. I yield EPA’s regulating greenhouse gases, civics knows you’re supposed to go the balance of my time to the gen- Madam Chair, we are talking about a through the legislative process if you tleman from California (Mr. WAXMAN). proposal by the EPA that, according to want to change policy. So, if our under- The Acting CHAIR. The gentleman the National Association of Manufac- lying bill passes the House, then they from California is recognized for 1 turers, would run 3 million jobs out of won’t be able to go through regulation; minute. our country. but the gentleman’s amendment would Mr. WAXMAN. I thank the majority Now, we should all be here working actually say that there would be a for their graciousness in allowing for a feverishly to create jobs. In fact, our loophole even though Congress would clarification. legislation, the National Energy Tax say, No, you don’t have the authority This amendment simply says all that Prevention Act, will create jobs be- to do that. You can’t run those jobs to you suggest in your bill would become cause it will remove the uncertainty places like China where they have ab- law, if it were passed, with the excep- that exists today where so many em- solutely no environmental controls tion that we would continue to allow ployers, so many of our job creators, that we have today, which are dramati- the EPA to give technical information are scared to death of the threat now of cally better than those they have in to the States. It does not replace the regulation coming over; because, again, China and India and in some of the other restrictions on EPA. It only al- Congress rejected their proposal for the other countries, countries which would lows them to give technical informa- national energy tax through cap-and- be happy to take the millions of Amer- tion to the States, which they do al- trade in a bipartisan way. ican jobs that would flee this country ready without regulating greenhouse Mr. WAXMAN. Madam Chair, I have if they were able to get away with it. gases, under the United Nations a parliamentary inquiry. We have to reject this amendment Framework Convention on Climate The Acting CHAIR. Does the gen- and take that loophole away. Don’t Change, which was ratified by the Sen- tleman from Louisiana yield to the give them that loophole to continue to ate in 1992 after submittal by President gentleman from California for that regulate greenhouse gases through a de Bush. Because of this international purpose? facto cap-and-trade national energy agreement, we try to keep track of Mr. SCALISE. If the gentleman has a tax. So I would ask that we reject this what’s going on, and the States should parliamentary inquiry, I don’t think amendment and pass the underlying be able to talk to the EPA and to get that comes out of my time. bill. expert advice from the EPA unless you Mr. WAXMAN. Parliamentary in- The Acting CHAIR. The time of the think the States should not be allowed quiry. gentleman has expired. to do anything on their own, which The Acting CHAIR. If the gentleman In response to the gentleman from would be something beyond the scope from Louisiana yields for the par- California’s parliamentary inquiry, re- of this amendment. liamentary inquiry it will come out of marks are to be confined to the ques- So I would urge my colleagues who his time. tion under debate. support their bill not to be against this Mr. SCALISE. I yield for a par- Mr. WAXMAN. Madam Chair, I ask amendment. liamentary inquiry. unanimous consent that we expand the The Acting CHAIR. The time of the PARLIAMENTARY INQUIRY debate by 2 minutes on each side on gentleman has expired. Mr. WAXMAN. Madam Chair, my in- this particular amendment. Mr. SCALISE. I appreciate the offer quiry is: Must the debate be on the The Acting CHAIR. Is there objection of the gentleman from California, but I pending amendment or can the debate to the request of the gentleman from cannot adhere to a United Nations be on a broader bill? California? framework. I cannot adhere to the abil- Mr. SCALISE. I reclaim my time, Mr. UPTON. One and one. Why don’t ity for the EPA to continue to keep Madam Chair, because I am talking we do 1 minute each. their nose under the tent to provide specifically about the amendment. If I Mr. WAXMAN. Two and two. Let’s do whether it’s called ‘‘technical assist- am allowed the opportunity to con- 2 minutes each. ance’’ or whether they try to continue Mr. UPTON. We can accept one and tinue with my comments, I have to fin- to push things, because the EPA does one. ish a thought first before we talk spe- interact with States on other issues, Madam Chair, I ask unanimous con- and I surely would not want to see cifically about the amendment. sent that the majority and the minor- First of all, if you look at what hap- some kind of situation where the EPA ity each have an additional 1 minute pened by legislation, they tried legisla- is going to try to hold something else on this amendment. over a State’s head and use this threat, tion, and the legislation failed. A bi- Mr. WAXMAN. Reserving the right to partisan vote defeated that legislation. because they really do want the chance object, I would plead with my chair- to regulate greenhouse gases and im- Then they came back with regulation. man to agree to an additional minute So this proposed regulation is being ad- pose an energy tax. to each side because I think that there So I think we’ve debated it very thor- dressed by our bill, the underlying bill. is an important issue that is being ig- The amendment by the gentleman oughly. I understand your position, and nored in this particular amendment. I respect the gentleman from Connecti- from Connecticut proposes to create a Each side may not need to take up the loophole to continue to allow the EPA cut’s position. I just don’t agree. I 2 minutes. think we need to preserve American to get their nose back under that tent Mr. UPTON. We’re working against jobs and let the States do what they al- to regulate greenhouse gases. You can the clock a little bit; so I would prefer ready do such a good job of doing; but just look at the language to see that it that we just do one and one and end it we need to tell the EPA that ‘‘no’’ allows for that loophole that we’re try- there on this amendment. means ‘‘no.’’ They’ve got their own ing to close. Madam Chair, I ask unanimous con- role to play, and it’s not regulating First of all, in a bipartisan fashion, sent that each side have 1 additional greenhouse gases. Madam Chair, Congress has said we minute on this amendment. don’t want the EPA imposing the na- Mr. WAXMAN. I ask unanimous con- AMERICAN IRON AND STEEL INSTITUTE, Washington, DC, March 9, 2011. tional energy tax that cap-and-trade sent that each side have 11⁄2 minutes. would propose. We don’t want those The Acting CHAIR. Is there objection Hon. FRED UPTON, millions of jobs leaving our country. Chairman, House Committee on Energy and to the request of the gentleman from Commerce, Rayburn House Office Building, Then they came back through regula- Michigan for 1 minute for each side? Washington, DC. tion, and they said, Well, we’ll just do There was no objection. DEAR CHAIRMAN UPTON: On behalf of the it through regulation, a de facto cap- The Acting CHAIR. The gentleman American Iron and Steel Institute (AISI), I and-trade energy tax, because they from Louisiana (Mr. SCALISE) and the am pleased to offer our support for H.R. 910,

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the Energy Tax Prevention Act (EPTA). This tions similar to the cap-and-trade bill Con- MARCH 9, 2011. legislation is necessary to prevent EPA from gress and the American people already re- Re Upton-Inhofe Bill a Key Step Toward regulating greenhouse gases (GHGs) from jected.’’ Stopping EPA’s GHG Regulations. stationary sources under the Clean Air Act, ‘‘AFP commends free market heroes like DEAR CHAIRMAN UPTON AND CHAIRMAN thereby removing a regulatory uncertainty Senator Inhofe and Congressman Upton for WHITFIELD: On January 2, 2011, the U.S. En- that is impeding domestic economic growth challenging unelected bureaucracies like the vironmental Protection Agency (EPA) began and job creation. EPA when they try to bypass the American regulating greenhouse gas (GHG) emissions AISI is comprised of 25 member companies, people,’’ said president of AFP, Tim Phillips. from stationary sources. EPA’s rules require including integrated and electric furnace The Clean Air Act is so ill-suited to being industrial sites, power plants and other busi- steelmakers, and 140 associate and affiliate twisted as a global warming bill that EPA nesses that emit GHGs above certain thresh- members who are suppliers to or customers resorted to disregarded statutory thresholds olds to apply for a permit whenever they of the steel industry. AISI’s member compa- and demanding that states amend their laws want to build or modernize their facilities. nies represent approximately 80 percent of to conform. This so-called Tailoring Rule is In today’s fragile economy, when we need both U.S. and North American steel capac- being contested in court and experts predict American businesses to be expanding at full ity. The steel industry in the U.S. has sub- it is unlikely to survive the legal challenge. speed, these rules create uncertainty and stantially reduced its GHG emissions over delay. the past two decades. The industry has re- ‘‘Kudos to Boren, Peterson, and Rahall for We welcome the efforts of lawmakers from duced its energy-intensity by 30% since 1990, standing up to the EPA and doing what’s both parties to stop the EPA’s harmful regu- and reduced while GHG emissions by 35% right,’’ Kerpen concluded. ‘‘I hope more lations so that business growth and hiring over the same time period. The industry has Democrats will put jobs, the economy, and can continue. We applaud the leadership that well exceeded the Kyoto Protocol targets, is legitimate legislative process ahead of envi- you and Senator Inhofe are providing on this committed to continued improvement, and ronmental extremism and join them.’’ issue through the introduction of The En- hasn’t waited for Congress or EPA to act. ergy Tax Prevention Act of 2011 (H.R. 910). The domestic steel industry is both en- AMERICANS FOR TAX REFORM, This bipartisan legislation is helping to keep ergy-intensive and subject to substantial Washington, DC, March 7, 2011. attention squarely focused on the issue and international competition. In particular, DEAR REPRESENTATIVE: On behalf of Ameri- building momentum toward a solution. this competition comes from nations such as cans for Tax Reform (ATR) and millions of Congress, not EPA, should be guiding China, where no similar CO2-reduction legis- taxpayers nationwide, I urge you to support America’s energy policy. Without action by lation or regulatory policies exist. In the ab- Rep. Fred Upton’s (R-Mich.) Energy Tax Pre- lawmakers, EPA’s regulations will make it sence of an international agreement on GHG vention Act of 2011. If passed, this legislation difficult to attract new manufacturing ca- emissions reductions, EPA regulation of sta- will return the obligation of setting Amer- pacity and jobs to the United States, let tionary sources will only transfer emis- ica’s climate policy to Congress from the En- alone double U.S. exports in five years, as sions—and high-value manufacturing jobs— vironmental Protection Agency (EPA). President Obama has pledged. Moving your overseas. This will have a negative impact Since losing the Cap-and-Trade debate, legislation forward is a critical first step. on domestic industry and will not result in a Democrats have turned to the EPA to im- We look forward to working with you to net emissions reduction worldwide. pose their radical environmental agenda on stop harmful regulations and in doing so, As you know, the Clean Air Act was not this country. The impetus behind Cap-and- strengthen the economic recovery, support written to regulate greenhouse gas emis- Trade was to force Americans to move to- American manufacturing and create jobs. sions, and is therefore the wrong mechanism wards less efficient, more expensive sources Sincerely, for EPA to use in this case. No policies have of energy. Similarly, the EPA is attempting American Chemistry Council, American been proposed to accompany the EPA regula- to achieve this end through the regulation of Coalition for Clean Coal Electricity, Amer- tions to address competitiveness concerns of greenhouse gases. ican Forest & Paper Association, American energy-intensive, trade-exposed industries, Standing on legally precarious ground, the Iron and Steel Institute, American Petro- such as steel. The result will be the ‘‘leak- EPA is citing the Clean Air Act as justifica- leum Institute, Brick Industry Association, age’’ of emissions and manufacturing jobs to tion for its dubious agenda. Employing the CropLife America, Industrial Minerals Asso- competitor nations without comparable reg- Clean Air Act for objectives it was never in- ciation, National Association of Manufactur- ulations, which is problematic from both the tended to realize, the EPA has infringed on ers. economic and environmental perspectives. the legislative responsibilities of Congress. National Association of Wholesaler-Dis- If the EPA is allowed to proceed with its tributors, National Lime Association, Na- The Energy Tax Prevention Act has been GHG regulations from stationary sources, tional Mining Association, National Oilseed introduced to put a stop to such regulatory plants in the steel industry will be forced to Processors Association, National Petro- overreach and abuse. Addressing one of the adhere to yet another level of new strict reg- chemical and Refiners Association, The Alu- most pressing problems facing this country, ulations and be required to obtain costly per- minum Association, The Fertilizer Institute, the Energy Tax Prevention Act bars federal mits. This would be a devastating blow to in- U.S. Chamber of Commerce. vestment and growth in the industry, not to regulators from co-opting the Clean Air Act to regulate greenhouse gases. mention the implications of coupling these AMERICAN PUBLIC POWER regulations with the recession that has hit If the EPA continues on its current course, ASSOCIATION, the country and the manufacturing econ- unelected federal bureaucrats will continue Washington, DC March 9, 2011. omy. to unilaterally dictate ruinous economic Hon. FRED UPTON, Sincerely, policies. We should hold President Obama to Chairman, House Energy & Commerce Com- THOMAS J. GIBSON, his stated commitment to reassess America’s mittee, Rayburn House Office Building, President and Chief Executive Officer. regulatory system in the name of economic Washington, DC. growth and fiscal responsibility. The Presi- Hon. ED WHITFIELD, [From Americans for Prosperity, March 3, dent should be reminded that the EPA’s ini- Chairman, House Energy & Power Sub- 2011] tiatives to regulate greenhouse gasses would committee, Rayburn House Office Building, AMERICANS FOR PROSPERITY APPLAUDS REP- raise energy prices, destroy businesses, and Washington, DC. RESENTATIVES COLLIN PETERSON, DAN ship jobs overseas. These policies are moti- DEAR CHAIRMAN UPTON AND CHAIRMAN BOREN AND NICK RAHALL FOR SUPPORTING vated not by science, and not out of concern WHITFIELD: On behalf of the American Public EPA PREEMPTION for American industry, but by ideology Power Association, I am writing to express AFP today commended three senior Demo- alone. our support for the Energy Tax Prevention cratic representatives—Collin Peterson of Rep. Upton seeks to restore the role of the Act. APPA is the national service organiza- Minnesota, Dan Boren of Oklahoma and Nick U.S. congress in the development and imple- tion representing the interests of over 2,000 Rahall of West Virginia—for cosponsoring mentation the nation’s climate and energy community-owned, non-for-profit electric the Inhofe-Upton bill to clarify that the En- policy. Their bill is not a referendum on cli- utilities. These utilities include state public vironmental Protection Agency (EPA) has mate change or greenhouse gases but rather power agencies, municipal electric utilities, no authority to regulate greenhouse gasses who will set our country’s energy policy— and special utility districts that provide under the Clean Air Act (CAA). elected Representatives or unaccountable electricity and other services to over 46 mil- ‘‘It’s great to see three leading Democratic political appointees. lion Americans. congressmen speak with such a clear voice In the interest of preserving our economic APPA believes that the Clean Air Act that EPA should not be allowed to go around freedom, and the proper authority of con- (CAA) is not appropriately designed to ad- Congress to adopt job-killing global warming gress, please join me in supporting the En- dress greenhouse gas (GHG) emissions and regulations,’’ said AFP vice President for ergy Tax Prevention Act of 2011. that the Environmental Protection Agency’s Policy Phil Kerpen. ‘‘These regulations Onward, (EPA) efforts to regulate such gases under amount to a backdoor effort to adopt restric- GROVER G. NORQUIST. the statute are causing undue uncertainty

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5315 for the electric utility sector and are likely Mr. WAXMAN. Madam Chair, I rise the risks associated with climate to result in unnecessarily high costs. In par- to offer an amendment, with my col- change without defining the size and ticular, APPA members are concerned with leagues Representatives DEGETTE and scope of human behavior and the risk the application of Best Available Control INSLEE, that recognizes the scientific to the environment. Technologies (BACT) for GHG emissions Madam Chair, I believe that we must under New Source Review (NSR) and the reality of climate change. planned establishment of Section 111 New Our amendment states that Congress reduce our dependence on foreign oil Source Performance Standards for GHGs for accepts EPA’s scientific finding that and expand research and development new, modified, and existing electric power climate change is occurring, is caused of clean energy sources and ensure that plants. No commercially available tech- largely by human activities, and poses future generations of Americans have a nologies currently exist to reduce GHG emis- significant risks for public health and clean and healthy environment. But I sions. APPA also believes that many states welfare. This simple recognition is far do not believe in the notion that the will find that they need additional time in from enough, but it is crucially impor- Waxman amendment puts forward that order to implement any final EPA regu- tant. As long as Congress pretends that states that Congress shall only accept latory action given state budget cuts, staff the scientific findings of the EPA. We reductions, and other administrative issues. climate change isn’t occurring, we can For these reasons, APPA supports congres- justify not addressing it. should encourage open, transparent sional action to preempt EPA’s authority to Last month, the eminent scientific scientific studies, not limit our sci- regulate GHG emissions under the CAA. journal Nature wrote an editorial enti- entific findings to one government Instead, APPA believes Congress should tled, ‘‘Into Ignorance.’’ agency. address the issue of climate change through We must work together in a bipar- new legislation and supports efforts to do so b 1650 tisan manner to promote clean energy on an economy-wide basis that properly bal- And I want to read from this edi- and encourage greater energy effi- ances environmental goals with impacts on torial: ‘‘Republicans on the Energy and ciencies to guarantee that our children consumers and the economy. Such legisla- and grandchildren have a cleaner envi- tion should create a new regime for reducing Commerce Committee have made clear GHG emissions that is separate and apart their disdain for climate science. At a ronment than we have today. from the CAA, which was created to address subcommittee hearing, misinformation I urge a ‘‘no’’ vote on this amend- criteria pollutants for human health protec- was presented as fact, truth was twist- ment. tion. ed, and nobody showed any inclination Mr. WAXMAN. Madam Chair, I yield Thank you for your leadership on this im- to listen to scientists. There has been 1 minute to the gentleman from Wash- portant issue affecting electric utilities. I an embarrassing display, not just for ington (Mr. INSLEE). hope you will feel free to contact me or the the Republican Party, but also for Con- Mr. INSLEE. I appreciate my Repub- APPA government relations staff with any lican colleague’s statement, but the questions. gress and the U.S. citizens it rep- resents.’’ clear fact of this bill is, if it passes, Sincerely, what does it do? It basically says that MARK CRISSON, The U.S. Congress has entered the in- Sir Isaac Newton, Albert Einstein, and President & CEO. tellectual wilderness. This amendment is a step out of that wilderness. It says Thomas Edison didn’t know what they Mr. SCALISE. I yield back the bal- were talking about because this bill, in we accept the scientific findings of ance of my time. rather clear form, caters to a narrow The Acting CHAIR. The question is EPA—and the best scientists in our sector of a narrow political interest to on the amendment offered by the gen- country and around the world—that ignore clear science. And there is no tleman from Connecticut (Mr. MUR- climate change is a serious threat to way you can get around this or sweet- PHY). our health and welfare. And it recog- talk your way around this clear rejec- The question was taken; and the Act- nizes that while we have the power to tion of science. ing Chair announced that the noes ap- change the laws of our Nation, we can- Now, this isn’t just us. Who has peared to have it. not rewrite the laws of nature. cleared and said this statement that we Mr. MURPHY of Connecticut. Madam It may be difficult for us to agree on seek to put in this bill is correct? Only Chair, I demand a recorded vote. a solution to climate change, but at The Acting CHAIR. Pursuant to the National Academy of Sciences, least we should be able to agree that it NOAA, the Department of Defense, the clause 6 of rule XVIII, further pro- is a real problem and one we need to ceedings on the amendment offered by Centers for Disease Control, the Amer- address. ican Meteorological Society, the Amer- the gentleman from Connecticut will I hope my colleagues will support be postponed. ican Geophysical Union, the Geological this amendment. Society of America, the American As- AMENDMENT NO. 6 OFFERED BY MR. WAXMAN Madam Chairman, I reserve the bal- sociation for the Advancement of The Acting CHAIR. It is now in order ance of my time. Science, the American Institute of to consider amendment No. 6 printed in Mr. SENSENBRENNER. Madam Physics, and the American Chemical House Report 112–54. Chairman, I rise in opposition to the Mr. WAXMAN. Madam Chair, I have Society. But one side of the aisle amendment. thinks that the tea party has greater an amendment at the desk. The Acting CHAIR. The gentleman The Acting CHAIR. The Clerk will scientific credibility, and that’s who from Wisconsin is recognized for 5 min- you are catering to when you refuse to designate the amendment. utes. The text of the amendment is as fol- adopt this amendment. Mr. SENSENBRENNER. Madam Let’s have a bipartisan statement of lows: 1 Chairman, I yield 1 ⁄2 minutes to the the problem so that we can have a bi- At the end of the bill, add the following gentleman from Illinois (Mr. DOLD). new section: partisan statement of the solution. Mr. DOLD. Madam Chair, I believe in Mr. SENSENBRENNER. Madam SEC. 5. CONGRESSIONAL ACCEPTANCE OF SCI- science. I also know that the Earth has ENTIFIC FINDINGS. Chair, I am the only speaker left, and Congress accepts the scientific findings of been warming for some time. In fact, I believe that I have the right to close. the Environmental Protection Agency that the underlying bill, H.R. 910, concludes So if the gentleman from California climate change is occurring, is caused large- by acknowledging there is scientific could use the remainder of his time. ly by human activities, and poses significant concern over the warming of the cli- The Acting CHAIR. The gentleman risks for public health and welfare. mate system and that addressing the from California has the right to close. The Acting CHAIR. Pursuant to climate change is an international The gentleman from Wisconsin has House Resolution 203, the gentleman issue. 31⁄2 minutes remaining; the gentleman from California (Mr. WAXMAN) and a I believe that human activity is also from California has 2 minutes remain- Member opposed each will control 5 playing a role. The question is how big ing. minutes. a role. This amendment would have Mr. SENSENBRENNER. Madam The Chair recognizes the gentleman Congress adopt intentionally vague Chair, I yield myself the balance of my from California. language on human involvement and time.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5316 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 Madam Chair, this is an amendment ing a broad range of human and nat- as affected by the elimination of EPA that attempts to reverse the entire ural systems.’’ And even a team of sci- regulation under this act. Further, the thrust of this legislation. In effect, it entists from UC Berkeley, who were report would also detail health care gives the proxy to the EPA to make de- told to try to disprove global climate costs in the U.S. proceeding under the terminations that will have vast im- change, just reported last week to a EPA’s current regulatory authority as pact on our economy without going congressional committee that in fact determined in 2007 in Massachusetts v. through the usual legislative process. global climate change is occurring. EPA. This is our job to make a determina- This is simple. This is clear. H.R. 910 It is science, hard facts, and figures tion on whether the Clean Air Act is represents an effort to deny and run that have led hundreds of scientists to the proper vehicle to deal with issues away from science and reality. It ig- confirm that global warming is real. related to greenhouse gases. nores one of the chief drivers behind Despite the other numbers you may This is not a debate on the under- our need for a clean and modernized en- have heard, the most convincing one is lying science of climate change, and I ergy policy: massive and growing that there are over 200 peer reviewed think that has to be made clear. But if human consumption of carbon-based scientific studies that have determined we do want to talk about the EPA’s fuels. that global warming is real and that ability to mitigate climate change, Last Congress, and again today, I man contributes to that, and exactly let’s focus on their own projections. chose to be on the side of those who zero that have proved or shown evi- EPA’s analysis of the current rule acted to address a climate disaster and dence to the contrary. states that it will only result in 1/100 of put into place the framework for an en- It was science that led the Congress a degree of lowering of the Earth’s av- ergy policy which this country so pain- to pass the Clean Air Act, the act erage temperature by the year 2100. Ad- fully goes without and so little can af- which designated the EPA as the body ministrator Jackson herself stated be- ford. I urge my colleagues to do the charged with overseeing, adapting, and fore the Energy and Commerce Com- same. implementing these regulations. It was mittee that EPA regulation will not ul- Vote ‘‘yes’’ on this amendment. Vote science that led the Supreme Court to timately be able to change the amount ‘‘no’’ on the underlying bill and stand rule in 2007 that the Environmental of CO2 that is accumulating in the at- with science. Protection Agency does in fact have mosphere if other nations do not agree The Acting CHAIR. The question is the authority to regulate greenhouse also to limit emissions. And they on the amendment offered by the gen- gases. aren’t, and they won’t. tleman from California (Mr. WAXMAN). My amendment is simple. It directs So, regardless of whether or not Con- The question was taken; and the Act- the GAO to report the cost of health gress issues a scientific finding based ing Chair announced that the noes ap- care under the Clean Air Act, and then upon a 10-minute amendment debate, peared to have it. to report the costs of health care with we are faced with the indisputable fact Mr. WAXMAN. Madam Chair, I de- this bill passing as it modifies the that EPA greenhouse gas regulations mand a recorded vote. amendment. will lead to billions upon billions of The Acting CHAIR. Pursuant to In 2010 alone, the EPA reported the dollars leaving our economy with abso- clause 6 of rule XVIII, further pro- reduction in fine particulate and ozone lutely zero environmental benefit. This ceedings on the amendment offered by pollution from the Clean Air Act pre- amendment flunks the cost-benefit the gentleman from California will be vented more than 160,000 premature analysis. It ought to be rejected. postponed. deaths, 130,000 heart attacks, 13 million We are here today about protecting b 1700 lost workdays, and 1.7 million asthma the economy, job creation, and stop- attacks. These are serious health ping energy prices from skyrocketing. AMENDMENT NO. 7 OFFERED BY MR. QUIGLEY issues that burden the government That’s what will happen if this amend- The Acting CHAIR. It is now in order with serious bills. ment is adopted. It should be rejected to consider amendment No. 7 printed in We face serious budgetary times. We in the name of jobs and a healthy econ- House Report 112–54. may be out of a recession, but we are omy. Mr. QUIGLEY. I have an amendment far from recovered. If we are com- Madam Chair, I yield back the bal- at the desk. mitted to making the government ance of my time. The Acting CHAIR. The Clerk will more efficient and effective to cutting Mr. WAXMAN. Madam Chair, to designate the amendment. waste, fraud, and abuse, we must ac- close, I yield the balance of my time to The text of the amendment is as fol- knowledge that spending a smart dol- my colleague, who is a cosponsor of lows: lar up front saves many dollars on the this legislation along with myself and At the end of the bill, add the following: back end. Mr. INSLEE, the gentlewoman from Col- SEC. 5. GAO REPORT. I encourage my colleagues to support orado (Ms. DEGETTE). Not later than one year after the date of this amendment that will allow the ex- Ms. DEGETTE. I thank the ranking enactment of this Act, the Comptroller Gen- perts at the GAO to show us a world member for allowing me to close. eral shall submit to Congress a report con- with the Clean Air Act and a world This amendment gives Members of taining the results of a study of health care without. My estimation is that a world the House what should be a very simple costs in the United States as affected by the elimination of Environmental Protection with less mercury in our water and less choice: recognize the overwhelming Agency regulation under this Act, as com- ozone in our air will cost far less in science or vote to deny the over- pared to health care costs in the United dollars and deaths than the opposite, whelming science. States as would be affected by the Environ- but I will defer to the experts and look We in Congress can certainly change mental Protection Agency proceeding with forward to their report on this subject. the laws of this country, but last I regulation in its role as determined in Mas- I reserve the balance of my time. heard we cannot change the laws of na- sachusetts v. EPA (549 U.S. 497 (2007)). Mr. HARPER. I rise in opposition to ture. There is no serious disagreement The Acting CHAIR. Pursuant to the amendment. on the science of climate change. In House Resolution 203, the gentleman The Acting CHAIR. The gentleman fact, the findings have been confirmed from Illinois (Mr. QUIGLEY) and a Mem- from Mississippi is recognized for 5 by all leading scientific academies ber opposed each will control 5 min- minutes. around the world. The National Acad- utes. Mr. HARPER. This amendment filed emy of Sciences last year issued a se- The Chair recognizes the gentleman by the gentleman from Illinois would ries of comprehensive reports that are from Illinois. require a GAO study to be completed, 1 unambiguous. It says, for example, Mr. QUIGLEY. Madam Chair, my year, analyzing how health care costs ‘‘Climate change is occurring. It is amendment would require that the are affected if EPA does not proceed caused largely by human activities, GAO report to Congress the results of a with regulation in its role as deter- and in many cases it is already affect- study of health care costs in the U.S. mined in Massachusetts v. EPA.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5317 You know, this case did not deter- I rise in strong opposition to the And if you didn’t think those of us in mine whether or how EPA should regu- Quigley amendment because it rep- California, that we’re working on air late greenhouse gases. To the contrary, resents an unnecessary use of case law pollution, air quality, our county in it did not mandate that EPA move for- in Massachusetts v. EPA. Some of what San Diego went from ‘‘severe’’ down to ward with global warming regulations, I say is repetitive. Mr. HARPER has just ‘‘serious’’ because we were successful. and it certainly did not direct the EPA said it, but it bears repeating, Madam And it wasn’t chasing ozone. I mean, to begin regulating tens of thousands Chair. not chasing CO2. It was tracing true or millions of stationary sources across This amendment requires the GAO to toxic emissions. the United States economy. conduct a study analyzing how health So when you talk about imple- In any event, no GAO study is needed care costs will be affected if the EPA menting these plans, understand you’re because the EPA, itself, has already does not proceed with regulation in its talking about sacrificing efforts that concluded that greenhouse gases pose role as determined in Massachusetts v. are at true risk. no direct adverse health effects. EPA. The Acting CHAIR. The time of the Here’s what the EPA has stated: Madam Chair, I would like to remind gentleman from Georgia has expired. ‘‘Current and projected ambient green- the author of the amendment, Mr. The question is on the amendment house gas concentrations remain well QUIGLEY, that Massachusetts v. EPA offered by the gentleman from Illinois below published thresholds for any di- did not determine whether or how the (Mr. QUIGLEY). rect adverse health effects, such as res- EPA should regulate greenhouse gases. The amendment was rejected. piratory or toxic effects.’’ Furthermore, a GAO study on this b 1710 So even if the EPA had concluded matter is not necessary because the that there were direct health impacts, EPA has already concluded that green- AMENDMENT NO. 8 OFFERED BY MR. POLIS EPA’s own administrators concluded house gases have no adverse health ef- The Acting CHAIR. It is now in order that the agency’s greenhouse gas rules fect. to consider amendment No. 8 printed in are not going to be effective in appre- Specifically, the EPA has stated: House Report 112–54. ciably reducing temperatures or global ‘‘Current and projected ambient green- Mr. POLIS. I have an amendment at emissions. house gas concentrations remain well the desk. Administrator Jackson has said: ‘‘We below published thresholds for any di- The Acting CHAIR. The Clerk will will not ultimately be able to change rect adverse health effects, such as res- designate the amendment. the amount of CO2 that is accumu- piratory or toxic effects.’’ The text of the amendment is as fol- lating in the atmosphere alone.’’ If Opponents of this legislation have lows: anything, EPA’s global warming rules tried unsuccessfully to assert that the In section 330 of the Clean Air Act, as pro- will cause global emissions to increase underlying bill will block the EPA posed to be added by section 2 of the bill, in- as U.S. manufacturing and industry from safeguarding public health from sert after subsection (a) the following (and goes to countries with much less strin- the effects of air pollution and will re- redesignate the subsequent subsections ac- cordingly): gent environmental laws. sult in increased asthma attacks or ‘‘(b) TEMPORARY SUSPENSION FOR PUBLIC I urge my colleagues to vote ‘‘no’’ on other respiratory illnesses. Nothing HEALTH EMERGENCIES.—The Administrator this amendment. could be further from the truth. may by rule, after public notice and com- I reserve the balance of my time. Madam Chair, H.R. 910 does not af- ment, temporarily suspend the provisions of Mr. QUIGLEY. Madam Chair, I guess fect the EPA’s ability and responsi- this section if— my response is, with all due respect, bility to protect the public from haz- ‘‘(1) a detailed analysis and review by the prove me wrong. If there is no health ardous air pollution. Regardless of Administrator of the latest credible and care risk, let the GAO independent whether or not EPA imposes these cap- peer-reviewed science shows ground level analysis prove us wrong. and-trade regulations, the agency will ozone will pose significant dangers to public health; But there’s a lot at stake here, and I continue to have the authority to regu- ‘‘(2) extreme weather events pose signifi- would defy anyone to say that green- late all of the high-priority pollutants cant danger to public health; house gases are not in and of them- that raise public health concerns. ‘‘(3) an increase in food and waterborne selves—putting aside the issue of glob- As an original cosponsor of H.R. 910, pathogens pose significant danger to public al warming—dangerous because many I strongly support the underlying bill health; or of them are precursors to ozone. I live to prohibit the Environmental Protec- ‘‘(4) there are other significant threats to in Chicago, which is the morbidity and tion Agency from using the Clean Air public health. mortality capital of the United States Act to regulate greenhouse gases. The Acting CHAIR. Pursuant to for people who are afflicted with asth- By avoiding these harmful regula- House Resolution 203, the gentleman ma, and there is a dramatic and direct tions, H.R. 910 will save countless num- from Colorado (Mr. POLIS) and a Mem- impact of what ozone does to those bers of jobs and prevent the implemen- ber opposed each will control 5 min- people suffering from asthma. tation of an energy tax that would cost utes. So prove me wrong. Show me how our economy literally tens of billions The Chair recognizes the gentleman we’re wrong on this. Let there be a of dollars when we can least afford it. from Colorado. study which goes to this, because if I’m Madam Chair, I urge my colleagues Mr. POLIS. Madam Chair, this wrong, no damage done. But if there is to reject this amendment and support amendment is simple, and I appreciate some danger here and we have decided the underlying bill. the rule making it in order. It allows that it is not worth our study, then we Mr. BILBRAY. Will the gentleman the Environmental Protection Agency have done a grave disservice to the yield? to continue protecting the American American public and put their lives at Mr. GINGREY of Georgia. I yield to people from the greatest public health risk. the gentleman from California. and environmental challenge in global I yield back the balance of my time. Mr. BILBRAY. Madam Chair, I want history, global climate change. Mr. HARPER. I yield the balance of to point out the comment was made The overwhelming scientific evidence my time to the gentleman from Geor- about the precursor to ozone. Thirty suggests that greenhouse gases and gia (Mr. GINGREY). years of air pollution regulations. Ask carbon pollution, if left unchecked, Mr. GINGREY of Georgia. Madam the South Coast Air Basin in Los Ange- pose a significant threat to public Chair, I want to thank the chairman of les. It never regulated CO2 as a pre- health. This is not a scientific conclu- the Energy and Commerce Committee, cursor to ozone because it was so min- sion that anybody in the investigative Mr. UPTON, and the gentleman from iscule that there are so many other community desires or wants. It is an Mississippi (Mr. HARPER) for yielding issues that are absolutely essential to unfortunate reality. I simply want the time for me to speak on this amend- address that you didn’t even look at administrator to have the ability to ment. that. temporarily unlock the handcuffs on

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5318 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 the bill if there is a significant threat [From the Federal Register, Tuesday, Dec. demonstrate to EPA that it was impracti- to the public health. 15, 2009] cable to raise such objection within [the pe- PART V—ENVIRONMENTAL PROTECTION riod for public comment] or if the grounds Let’s walk ourselves through what AGENCY for such objection arose after the period for public comment (but within the time speci- this bill does. The bill tells the EPA, 40 CFR CHAPTER I—ENDANGERMENT AND CAUSE fied for judicial review) and if such objection EPA, you have done your homework OR CONTRIBUTE FINDINGS FOR GREENHOUSE is of central relevance to the outcome of this GASES UNDER SECTION 202(a) OF THE CLEAN just like the Supreme Court told you rule.’ ’’ Any person seeking to make such a AIR ACT; FINAL RULE to do, and every inch of credible demonstration to us should submit a Peti- science is telling you there is a danger ENVIRONMENTAL PROTECTION AGENCY tion for Reconsideration to the Office of the 40 CFR Chapter I to America’s health. Yet, we here in Administrator, Environmental Protection [EPA–HQ–OAR–2009–0171; FRL–9091–8] Agency, Room 3000, Ariel Rios Building, 1200 Congress know better. We will pretend RIN 2060–ZA14 Pennsylvania Ave., NW., Washington, DC like there is not a danger to the Amer- Endangerment and Cause or Contribute 20004, with a copy to the person listed in the ican health. We won’t allow you, the Findings for Greenhouse Gases Under preceding FOR FURTHER INFORMATION Section 202(a) of the Clean Air Act EPA, that we set up and charged with CONTACT section, and the Associate Gen- AGENCY: Environmental Protection Agen- this, to pay attention to the warnings eral Counsel for the Air and Radiation Law cy (EPA). Office, Office of General Counsel (Mail Code or protect Americans from the dangers. ACTION: Final rule. 2344A), Environmental Protection Agency, To me, that’s a very dangerous direc- SUMMARY: The Administrator finds that 1200 Pennsylvania Ave., NW., Washington, six greenhouse gases taken in combination DC 20004. tive, telling the EPA they can’t act endanger both the public health and the pub- Acronyms and Abbreviations. The fol- even though they know we are in dan- lic welfare of current and future generations. lowing acronyms and abbreviations are used ger. If there was a meteor hurtling to- The Administrator also finds that the com- in this document. wards us, I would hope that this body bined emissions of these greenhouse gases ACUS Administrative Conference of the from new motor vehicles and new motor ve- United States wouldn’t pass a bill that tells NASA to hicle engines contribute to the greenhouse ignore it, to step away from the tele- ANPR Advance Notice of Proposed Rule- gas air pollution that endangers public making scope, specifically forbids them from health and welfare under CAA section 202(a). APA Administrative Procedure Act telling people to get out of the way. These Findings are based on careful consid- CAA Clean Air Act Yet that’s exactly what this bill does eration of the full weight of scientific evi- CAFE Corporate Average Fuel Economy dence and a thorough review of numerous with the very real and present danger. CAIT Climate Analysis Indicators Tool public comments received on the Proposed CASAC Clean Air Scientific Advisory Com- I, for one, want the EPA to be able to Findings published April 24, 2009. mittee protect me, and my family and my con- DATES: These Findings are effective on CBI Confidential Business Information January 14, 2010. stituents and all American families CCSP Climate Change Science Program ADDRESSES: EPA has established a dock- CFCs chlorofluorocarbons when the overwhelming warning signs et for this action under Docket ID No. EPA– CFR Code of Federal Regulations say they should do just that. But if this HQ–OAR–2009–0171. All documents in the CH methane docket are listed on the www.regulations.gov 4 body sends a message to the contrary, CO2 carbon dioxide Web site. Although listed in the index, some CO e CO -equivalent at the very least we should be smart information is not publicly available, e.g., 2 2 enough to include a temporary escape CRU Climate Research Unit confidential business information (CBI) or DOT U.S. Department of Transportation hatch, a safety valve that my amend- other information whose disclosure is re- EO Executive Order ment provides. stricted by statute. Certain other material, EPA U.S. Environmental Protection Agency such as copyrighted material, is not placed Madam Chair, I am going to vote FR Federal Register on the Internet and will be publicly available GHG greenhouse gas today to put America’s health before only in hard copy form. Publicly available GWP global warming potential big polluters. The other side of the docket materials are available either elec- HadCRUT Hadley Centre/Climate Research aisle likes to skew the facts. And in- tronically through www.regulations.gov or Unit (CRU) temperature record in hard copy at EPA’s Docket Center, Public stead of paying attention to the warn- HCFCs hydrochlorofluorocarbons Reading Room, EPA West Building, Room HFCs hydrofluorocarbons ing signs, they protect their big pol- 3334, 1301 Constitution Avenue, NW., Wash- IA Interim Assessment report luter friends by confusing the facts. ington, DC 20004. This Docket Facility is IPCC Intergovernmental Panel on Climate It’s critical that we provide a safety open from 8:30 a.m. to 4:30 p.m., Monday Change through Friday, excluding legal holidays. valve that when there is a clear and MPG miles per gallon The telephone number for the Public Read- MWP Medieval Warm Period present danger to the health of the ing Room is (202) 566–1744, and the telephone N2O nitrous oxide American people we don’t hamstring number for the Air Docket is (202) 566–1742. NAAQS National Ambient Air Quality the very agency that we have set up to FOR FURTHER INFORMATION CON- Standards TACT: Jeremy Martinich, Climate Change NAICS North American Industry Classifica- protect the health of the American Division, Office of Atmospheric Programs people, and enable them to move for- tion System (MC–6207J), Environmental Protection Agen- NASA National Aeronautics and Space Ad- ward to protect us. cy, 1200 Pennsylvania Ave., NW., Wash- ministration ington, DC 20460; telephone number: (202) 343– This endangerment finding, the title NF3 nitrogen trifluoride 9927; fax number: (202) 343–2202; e-mail ad- of the EPA’s research on dangers to our NHTSA National Highway Traffic Safety Ad- dress: [email protected]. For addi- ministration health, was based on sound science and tional information regarding these Findings, NOAA National Oceanic and Atmospheric found that as climate change increases, please go to the Web site http://www.epa.gov/ Administration so does ground ozone level, air- and climatechange/endangerment.html. NOI Notice of Intent SUPPLEMENTARY INFORMATION: water-borne pathogens, and mold and NOX nitrogen oxides Judicial Review pollen allergens that affect and make NRC National Research Council Under CAA section 307(b)(1), judicial re- NSPS new source performance standards health problems worse like asthma, view of this final action is available only by NTTAA National Technology Transfer and respiratory irritation, and heart dis- filing a petition for review in the U.S. Court Advancement Act of 1995 ease. We cannot oversimplify a very se- of Appeals for the District of Columbia Cir- OMB Office of Management and Budget rious problem with no easy answers. cuit by February 16, 2010. Under CAA section PFCs perfluorocarbons 307(d)(7)(B), only an objection to this final PM particulate matter action that was raised with reasonable speci- PSD Prevention of Significant Deterioration ficity during the period for public comment RFA Regulatory Flexibility Act can be raised during judicial review. This SF6 sulfur hexafluoride section also provides a mechanism for us to SIP State Implementation Plan convene a proceeding for reconsideration, TSD technical support document ‘‘ ‘[i]f the person raising an objection can U.S. United States

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The WCI Western Climate Initiative ministrator’s Cause or Contribute Find- Administrator is using her judgment, based WRI World Resources Institute ing on existing science, to weigh the threat for TABLE OF CONTENTS 1. The Administrator Reasonably Defined each of the identifiable risks, to weigh the I. Introduction the ‘‘Air Pollutant’’ for the Cause or potential benefits where relevant, and ulti- A. Overview Contribute Analysis mately to assess whether these risks and ef- B. Background Information Helpful To Un- 2. The Administrator’s Cause or Contribute fects, when viewed in total, endanger public derstand These Findings Analysis Was Reasonable health or welfare. 1. Greenhouse Gases and Transportation VI. Statutory and Executive Reviews The Administrator has considered how ele- Sources Under CAA Section 202(a) A. Executive Order 12866: Regulatory Plan- vated concentrations of the well-mixed 2. Joint EPA and Department of Transpor- ning and Review greenhouse gases and associated climate tation Proposed Greenhouse Gas Rule B. Paperwork Reduction Act change affect public health by evaluating C. Public Involvement C. Regulatory Flexibility Act the risks associated with changes in air qual- 1. EPA’s Initial Work on Endangerment D. Unfunded Mandates Reform Act ity, increases in temperatures, changes in 2. Public Involvement Since the April 2009 E. Executive Order 13132: Federalism extreme weather events, increases in food- Proposed Endangerment Finding F. Executive Order 13175: Consultation and and water-borne pathogens, and changes in 3. Issues Raised Regarding the Rulemaking Coordination With Indian Tribal Govern- aeroallergens. The evidence concerning ad- Process ments verse air quality impacts provides strong and II. Legal Framework for This Action G. Executive Order 13045: Protection of clear support for an endangerment finding. A. Section 202(a) of the CAA— Children From Environmental Health Increases in ambient ozone are expected to Endangerment and Cause or Contribute Risks and Safety Risks occur over broad areas of the country, and 1. The Statutory Framework H. Executive Order 13211: Actions Con- they are expected to increase serious adverse 2. Summary of Response to Key Legal cerning Regulations That Significantly health effects in large population areas that Comments on the Interpretation of the Affect Energy Supply, Distribution, or are and may continue to be in nonattain- CAA Section 202(a) Endangerment and Use ment. The evaluation of the potential risks Cause or Contribute Test I. National Technology Transfer and Ad- associated with increases in ozone in attain- B. Air Pollutant, Public Health and Wel- vancement Act ment areas also supports such a finding. fare J. Executive Order 12898: Federal Actions The impact on mortality and morbidity as- III. EPA’s Approach for Evaluating the Evi- To Address Environmental Justice in Mi- sociated with increases in average tempera- dence Before It nority Populations and Low-Income Pop- tures, which increase the likelihood of heat A. The Science on Which the Decisions Are ulations waves, also provides support for a public Based K. Congressional Review Act health endangerment finding. There are un- B. The Law on Which the Decisions Are I. Introduction certainties over the net health impacts of a Based A. Overview temperature increase due to decreases in C. Adaptation and Mitigation Pursuant to CAA section 202(a), the Ad- cold-related mortality, but some recent evi- D. Geographic Scope of Impacts dence suggests that the net impact on mor- E. Temporal Scope of Impacts ministrator finds that greenhouse gases in the atmosphere may reasonably be antici- tality is more likely to be adverse, in a con- F. Impacts of Potential Future Regula- text where heat is already the leading cause tions and Processes that Generate Green- pated both to endanger public health and to endanger public welfare. of weather-related deaths in the United house Gas Emissions States. IV. The Administrator’s Finding That Emis- Specifically, the Administrator is defining The evidence concerning how human-in- sions of Greenhouse Gases Endanger Public the ‘‘air pollution’’ referred to in CAA sec- Health and Welfare tion 202(a) to be the mix of six long-lived and duced climate change may alter extreme A. The Air Pollution Consists of Six Key directly-emitted greenhouse gases: carbon weather events also clearly supports a find- ing of endangerment, given the serious ad- Greenhouse Gases dioxide (CO2), methane (CH4), nitrous oxide verse impacts that can result from such 1. Common Physical Properties of the Six (N2O), hydrofluorocarbons (HFCs), Greenhouse Gases perfluorocarbons (PFCs), and sulfur events and the increase in risk, even if small, of the occurrence and intensity of events 2. Evidence That the Six Greenhouse Gases hexafluoride (SF6). In this document, these Are the Primary Driver of Current and six greenhouse gases are referred to as ‘‘well- such as hurricanes and floods. Additionally, Projected Climate Change mixed greenhouse gases’’ in this document public health is expected to be adversely af- 3. The Six Greenhouse Gases Are Currently (with more precise meanings of ‘‘long lived’’ fected by an increase in the severity of the Common Focus of the Climate and ‘‘well mixed’’ provided in Section IV.A). coastal storm events due to rising sea levels. Change Science and Policy Communities The Administrator has determined that There is some evidence that elevated car- 4. Defining Air Pollution as the Aggregate the body of scientific evidence compellingly bon dioxide concentrations and climate Group of Six Greenhouse Gases Is Con- supports this finding. The major assessments changes can lead to changes in aeroallergens sistent With Evaluation of Risks and Im- by the U.S. Global Climate Research Pro- that could increase the potential for aller- pacts Due to Human-Induced Climate gram (USGCRP), the Intergovernmental genic illnesses. The evidence on pathogen Change Panel on Climate Change (IPCC), and the Na- borne disease vectors provides directional 5. Defining the Air Pollution as the Aggre- tional Research Council (NRC) serve as the support for an endangerment finding. The gate Group of Six Greenhouse Gases Is primary scientific basis supporting the Ad- Administrator acknowledges the many un- Consistent With Past EPA Practice ministrator’s endangerment finding. The Ad- certainties in these areas. Although these 6. Other Climate Forcers Not Being In- ministrator reached her determination by adverse effects provide some support for an cluded in the Definition of Air Pollution considering both observed and projected ef- endangerment finding, the Administrator is for This Finding fects of greenhouse gases in the atmosphere, not placing primary weight on these factors. 7. Summary of Key Comments on Defini- their effect on climate, and the public health Finally, the Administrator places weight tion of Air Pollution and welfare risks and impacts associated on the fact that certain groups, including B. The Air Pollution Is Reasonably Antici- with such climate change. The Administra- children, the elderly, and the poor, are most pated To Endanger Both Public Health tor’s assessment focused on public health vulnerable to these climate-related health and Welfare and public welfare impacts within the United effects. 1. The Air Pollution Is Reasonably Antici- States. She also examined the evidence with The Administrator has considered how ele- pated To Endanger Public Health respect to impacts in other world regions, vated concentrations of the well-mixed 2. The Air Pollution Is Reasonably Antici- and she concluded that these impacts greenhouse gases and associated climate pated To Endanger Public Welfare strengthen the case for endangerment to change affect public welfare by evaluating V. The Administrator’s Finding That Green- public health and welfare because impacts in numerous and far-ranging risks to food pro- house Gases From CAA Section 202(a) other world regions can in turn adversely af- duction and agriculture, forestry, water re- Sources Cause or Contribute to the fect the United States. sources, sea level rise and coastal areas, en- Endangerment of Public Health and Welfare The Administrator recognizes that human- ergy, infrastructure, and settlements, and A. The Administrator’s Definition of the induced climate change has the potential to ecosystems and wildlife. For each of these ‘‘Air Pollutant’’ be far-reaching and multidimensional, and in sectors, the evidence provides support for a

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5320 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 finding of endangerment to public welfare. with climate-sensitive resources. Climate allowing me to speak on this amend- The evidence concerning adverse impacts in change will likely interact with and possibly ment. the areas of water resources and sea level exacerbate ongoing environmental change Much like the previous amendment, I rise and coastal areas provides the clearest and environmental pressures in settlements, and strongest support for an endangerment particularly in Alaska where indigenous rise again in strong opposition, opposi- finding, both for current and future genera- communities are facing major environ- tion at this time to the Polis amend- tions. Strong support is also found in the mental and cultural impacts on their his- ment because it seeks to give a dupli- evidence concerning infrastructure and set- toric lifestyles. Over the 21st century, cative authority to the EPA. This tlements, as well ecosystems and wildlife. changes in climate will cause some species amendment would temporarily suspend Across the sectors, the potential serious ad- to shift north and to higher elevations and H.R. 910 if the EPA administrator has verse impacts of extreme events, such as fundamentally rearrange U.S. ecosystems. ruled that ground-level ozone, extreme wildfires, flooding, drought, and extreme Differential capacities for range shifts and weather events, or an increase in food- weather conditions, provide strong support constraints from development, habitat frag- for such a finding. mentation, invasive species, and broken eco- and water-borne pathogens presents a Water resources across large areas of the logical connections will likely alter eco- significant danger to the public health, country are at serious risk from climate system structure, function, and services, or that there are other significant change, with effects on water supplies, water leading to predominantly negative con- threats to public health. quality, and adverse effects from extreme sequences for biodiversity and the provision Madam Chair, under section 303 of events such as floods and droughts. Even of ecosystem goods and services. the Clean Air Act, the EPA already has There is a potential for a net benefit in the areas of the country where an increase in the authority to respond to any immi- water flow is projected could face water re- near term for certain crops, but there is sig- source problems from the supply and water nificant uncertainty about whether this ben- nent and substantial endangerment to quality problems associated with tempera- efit will be achieved given the various poten- public health or welfare, or the envi- ture increases and precipitation variability, tial adverse impacts of climate change on ronment. Therefore, this amendment is as well as the increased risk of serious ad- crop yield, such as the increasing risk of ex- wholly unnecessary. Furthermore, the verse effects from extreme events, such as treme weather events. Other aspects of this Polis amendment would give the EPA floods and drought. The severity of risks and sector may be adversely affected by climate administrator the authority to move impacts is likely to increase over time with change, including livestock management and forward with a cap-and-trade agenda if irrigation requirements, and there is a risk accumulating greenhouse gas concentrations the administrator believed that there and associated temperature increases and of adverse effect on a large segment of the precipitation changes. total crop market. For the near term, the were threats to public health from Overall, the evidence on risk of adverse im- concern over the potential for adverse effects ozone, extreme weather, pathogens, or pacts for coastal areas provides clear support in certain parts of the agriculture sector ap- there are other significant threats to for a finding that greenhouse gas air pollu- pears generally comparable to the potential public health, which could be com- tion endangers the welfare of current and fu- for benefits for certain crops. However, The pletely unrelated to greenhouse gases. ture generations. The most serious potential body of evidence points towards increasing I wholeheartedly believe that this risk of net adverse impacts on U.S. food pro- adverse effects are the increased risk of amendment is literally a hammer in storm surge and flooding in coastal areas duction and agriculture over time, with the from sea level rise and more intense storms. potential for significant disruptions and crop search of a nail. The EPA already has Observed sea level rise is already increasing failure in the future. the authority to address the concerns the risk of storm surge and flooding in some For the near term, the Administrator finds raised by this amendment and my coastal areas. The conclusion in the assess- the beneficial impact on forest growth and friend from Colorado. I would urge my ment literature that there is the potential productivity in certain parts of the country friend from Colorado to consider with- for hurricanes to become more intense (and from elevated carbon dioxide concentrations drawing this amendment; but if he even some evidence that Atlantic hurricanes and temperature increases to date is offset doesn’t, I would urge all of my col- by the clear risk from the observed increases have already become more intense) rein- leagues to oppose it and continue to forces the judgment that coastal commu- in wildfires, combined with risks from the nities are now endangered by human-induced spread of destructive pests and disease. For support the underlying legislation. climate change, and may face substantially the longer term, the risk from adverse ef- I reserve the balance of my time, greater risk in the future. Even if there is a fects increases over time, such that overall Madam Chair. low probability of raising the destructive climate change presents serious adverse Mr. POLIS. I thank the gentleman power of hurricanes, this threat is enough to risks for forest productivity. There is com- from Georgia. My concern is that the pelling reason to find that the support for a support a finding that coastal communities underlying bill removes some of the are endangered by greenhouse gas air pollu- positive endangerment finding increases as tion. In addition, coastal areas face other ad- one considers expected future conditions authority under these conditions that verse impacts from sea level rise such as where temperatures continue to rise. this amendment would reinstate. If land loss due to inundation, erosion, wetland Looking across all of the sectors discussed this amendment merely restates this, I submergence, and habitat loss. The increased above, the evidence provides compelling sup- would hope that we can clarify the bill risk associated with these adverse impacts port for finding that greenhouse gas air pol- by specifically allowing the EPA the also endangers public welfare, with an in- lution endangers the public welfare of both authority to suspend the prohibitions current and . . . creasing risk of greater adverse impacts in in the bill if a detailed analysis dem- the future. I reserve the balance of my time. onstrates that ground-level ozone, or Strong support for an endangerment find- Mr. BURGESS. I rise in opposition to ing is also found in the evidence concerning extreme weather events, or food- and the amendment. water-borne pathogens are a signifi- energy, infrastructure, and settlements, as The Acting CHAIR. The gentleman cant threat to public health. And, of well ecosystems and wildlife. While the im- from Texas is recognized for 5 minutes. pacts on net energy demand may be viewed Mr. BURGESS. At this point, I yield course, we would hope that under their as generally neutral for purposes of making the balance of my time to the gen- charge the EPA would then proceed if an endangerment determination, climate given this authority with regard to change is expected to result in an increase in tleman from Georgia (Mr. GINGREY), and I ask unanimous consent that he protecting the public health. electricity production, especially supply for To the extent that this clarifies peak demand. This may be exacerbated by be allowed to control that time. the potential for adverse impacts from cli- The Acting CHAIR. Without objec- something that was consistent with mate change on hydropower resources as tion, the gentleman from Georgia will the intent of the original bill, I would well as the potential risk of serious adverse control the time. hope that the gentleman would accept effects on energy infrastructure from ex- There was no objection. it. If it is contrary to a small element treme events. Changes in extreme weather Mr. GINGREY of Georgia. I want to of the bill, we would hope to reestab- events threaten energy, transportation, and thank my friend from Texas (Mr. BUR- lish that authority in the case of a sig- water resource infrastructure. GESS) for yielding and again thank the nificant threat to public health, again, Vulnerabilities of industry, infrastructure, with the additional burden and require- and settlements to climate change are gen- chairman of the Energy and Commerce erally greater in high-risk locations, par- Committee and the chairman of the ment of a detailed analysis under the ticularly coastal and riverine areas, and Energy and Power Subcommittee, law. areas whose economies are closely linked Messrs. Upton and Whitfield, for again I reserve the balance of my time.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5321 Mr. GINGREY of Georgia. Madam The Acting CHAIR. Under the cir- Mr. BURGESS. Just finally, I do Chair, I want to point out to my col- cumstances that calls for an advisory want to underscore that greenhouse league that the EPA, as I think I pre- opinion, which the Chair will not gases do not have a health impact. But viously said, but just let me repeat it, render. in the odd event that someone were the EPA has already concluded that The gentleman from Colorado has 1 sprayed in the face with a greenhouse greenhouse gases pose no public health minute remaining. gas such as methane, the emergency emergency. And they stated: ‘‘Current Mr. POLIS. Well, again, the Rules powers exist under section 303 of the and projected ambient greenhouse gas Committee found, and I believe the Clean Air Act to respond to the immi- concentrations remain well below pub- Parliamentarian advised, that the nent and substantial endangerment of lished thresholds for any direct adverse amendment was germane, and I have public health. health effect such as respiratory or not been informed otherwise other The Acting CHAIR. The question is toxic effects.’’ than by the gentleman from California. on the amendment offered by the gen- I yield such time as he may consume, Does the gentleman want to appeal tleman from Colorado (Mr. POLIS). Madam Chair, to the gentleman from the ruling of the Parliamentarian? I The question was taken; and the Act- California (Mr. BILBRAY). believe that it is germane. ing Chair announced that the noes ap- The Acting CHAIR. The gentleman The Acting CHAIR. The amendment peared to have it. from California is recognized for up to is pending. There is no occasion for a Mr. POLIS. Madam Chair, I demand a 21⁄2 minutes. ruling on whether it is germane. recorded vote. Mr. BILBRAY. Let’s be clear: We are Mr. POLIS. The amendment is pend- The Acting CHAIR. Pursuant to not talking about greenhouse gases ing; that’s correct. Well, again, if the clause 6 of rule XVIII, further pro- here because the regulations that have rule does waive this, we discussed in ceedings on the amendment offered by been proposed by the EPA do not ad- Rules Committee yesterday, and I be- the gentleman from Colorado will be dress climate change. They don’t ad- lieve that all the non-germane amend- postponed. dress climate change. We are not talk- ments were not included under this AMENDMENT NO. 9 OFFERED BY MR. MARKEY ing climate change here. We are talk- rule. The Acting CHAIR. It is now in order ing about EPA proposing regulations Mr. BILBRAY. Will the gentleman to consider amendment No. 9 printed in that admitted by the administrator yield? House Report 112–54. does not have any projections of what Mr. POLIS. I yield to the gentleman Mr. MARKEY. Madam Chair, I offer reductions you will have here. Remem- from California. an amendment. ber, the minimum that we need to do Mr. BILBRAY. As I said, it’s not ger- The Acting CHAIR. The Clerk will to address the threat of climate change mane to the issue. designate the amendment. is 17 percent within 9 years. So let’s be Mr. POLIS. Reclaiming my time, The text of the amendment is as fol- up front. This is not about climate there might be a different use of the lows: change. word ‘‘germane’’ by the gentleman. I At the end of the bill, add the following This is about proposed regulations by would encourage all of us to try to be new section: a bureaucracy in a field of law that was on the same page with regard to the SEC. 5. REDUCING DEMAND FOR OIL. never meant to address this issue at word ‘‘germane.’’ Notwithstanding any limitation on agency all. And I say that as somebody who It is germane to the bill, the topic. action contained in the amendment made by worked for over a decade at implemen- Again, all my amendment does is say section 2 of this Act, the Administrator of tation of the Clean Air Act. All I have that if the EPA sees the danger they the Environmental Protection Agency may to say to the colleague, with the prob- should act. It’s a safety valve. The use any authority under the Clean Air Act, amendment respects the finding of the as in effect prior to the date of enactment of lems that you are pointing out, they this Act, to promulgate any regulation con- are legitimate issues. But what is being Supreme Court in the Massachusetts cerning, take any action relating to, or take proposed as an answer to a problem has vs. EPA case that ensures that the into consideration the emission of a green- not only nothing to do with and will Clean Air Act still has the ability to house gas to address climate change, if the not affect climate change, but it also protect the public and that it is not re- Administrator determines that such promul- will not affect the issues that you have moved under the underlying bill. gation, action or consideration will reduce raised. The Acting CHAIR. The time of the demand for oil. So in reality, your amendment is not gentleman has expired. The Acting CHAIR. Pursuant to germane because the issues that you Mr. POLIS. The underlying bill tells House Resolution 203, the gentleman are concerned about don’t exist. Be- the EPA in this case to perhaps ignore from Massachusetts (Mr. MARKEY) and cause when you do nothing, you can’t some science. My amendment says that a Member opposed each will control 5 change anything. the science shouldn’t be ignored if it minutes. means you are risking people’s lives. The Chair recognizes the gentleman b 1720 The Acting CHAIR. The time of the from Massachusetts. And the fact that it is keeping some- gentleman has expired. Mr. MARKEY. Madam Chair, I rise in body from selling a placebo does not Mr. POLIS. It’s an important clari- support of my amendment. solve the problem, or it does not aggra- fication and I urge support of the My amendment is quite simple. It vate the problem. The fact is what has amendment. just says that nothing, nothing that been proposed by EPA is a placebo The Acting CHAIR. The gentleman the Republicans are proposing today under a law that was never meant to from Georgia has 45 seconds remaining. should put a limitation on the ability administer this. Mr. GINGREY of Georgia. Madam of the EPA to reduce the demand for So let’s not be concerned about if the Chair, this amendment would, in short, importing oil from OPEC, which should placebo is not available to the public be an avenue for the EPA to move for- be the number one objective in our somehow there may be a concern with ward with back-door global warming country. these items. They are legitimate items. regulations regardless of any relevant You know, we only have 2 percent of But the EPA and the underlying bill facts and circumventing the will of the world’s oil reserves, and we con- does not affect those issues. Congress and the public. sume 25 percent on a daily basis. That PARLIAMENTARY INQUIRY EPA should not be authorized to is our Achilles’ heel, and there is noth- Mr. POLIS. Madam Chair, I have a move forward with back-door global ing we can do about it. point of parliamentary inquiry. warming regulations. I urge my col- So the only way in which we can The Acting CHAIR. The gentleman leagues to vote against this amend- solve the problem is if we reduce con- will state his inquiry. ment. sumption by increasing the efficiency Mr. POLIS. Is the amendment ger- I yield the balance of my time to my of the vehicles which we drive, of the mane to the bill? colleague from Texas (Mr. BURGESS). boats which we use, of the planes that

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5322 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 we ride in, of the other sources that pitals, to get to church, every time you And let me say this to you, the Re- consume the oil that we use in our raise the price of gasoline, it hurts the publicans: I had an amendment out country. poor and the middle class of rural here to increase fuel economy stand- And what they are going to do, the America. So my colleague is just ards from 25 to 35 miles per gallon in Republicans, is tie the hands of the wrong. 2001, 2003, 2005. You voted against it EPA to back out the 5 million barrels I reserve the balance of my time. every time. You said that it will ruin of oil that we import from OPEC on a Mr. MARKEY. I yield 1 minute to the the auto industry if we improve the daily basis. ranking member of the Energy and fuel economy standards. Do you know OPEC is not afraid of the Foreign Af- Commerce Committee, the gentleman who ruined the auto industry? You did. fairs Committee. OPEC is not afraid of from California (Mr. WAXMAN). In 2009, General Motors had to declare the Armed Services Committee. It is Mr. WAXMAN. The important thing bankruptcy. the Energy Committee that they are about this amendment is that we re- Now we have fuel economy standards afraid of. duce the demand for oil, which is the at 35 miles per gallon. Do you want to They are afraid that one day we will primary area where we are dependent know what they are reporting? Record actually have a policy that backs out upon OPEC countries. And to do that, profits. Do you know what Ford is re- their imported oil, that denies them we have tighter fuel efficiency stand- porting? Record profits and record hir- the $150 billion or $200 billion a year ards. ing. Do you know who is opposed to that we send over to them that allows Without the Markey amendment, the your bill here today? The United Auto them to continue their dictatorships. EPA would not be able to continue Workers oppose you. They believe it’s That’s what they are afraid of. with those tight fuel efficiency stand- going to undermine the efficiency and And what the Republicans are doing ards for motor vehicles, planes, et the job creation which is now possible. today is tying the hands of our country cetera. The United Auto Workers oppose you. to be able to tell OPEC we don’t need According to Lisa Jackson from the So, ladies and gentlemen, if you’re their oil anymore than we need their EPA, who testified before our com- looking for jobs or national security in sands. That’s the message that they mittee, this bill ‘‘would forfeit many this bill, make sure you vote for the are sending here today. That’s the mes- hundreds of millions of barrels of oil Markey amendment because they are sage the Republicans are sending to savings at a time when gas prices are so historically so far off base with this OPEC. rising yet again.’’ I cannot for the life bill that it cannot begin to be meas- Have a good night’s sleep. Don’t of me understand why anyone would ured. worry. We are going to tie the hands of vote to massively increase America’s I reserve the balance of my time. the EPA to back out that imported oil. oil independence. Mr. SHIMKUS. Madam Chairman, I That’s why this amendment goes right I urge all Members to support the now yield 11⁄2 minutes to the former to the heart of the national security of Markey amendment so we don’t mas- chairman, the gentleman from Texas, our country, right to the heart of our sively increase our oil dependence. JOE BARTON. economic independence, as well as re- Mr. SHIMKUS. Madam Chairman, Mr. BARTON of Texas. I rise in oppo- ducing greenhouse gases. The national how much time do I have remaining? sition to my good friend, Mr. MAR- security of our country is at stake in The Acting CHAIR. The gentleman KEY’s, amendment. He must think EPA this amendment. from Illinois has 31⁄2 minutes remain- stands for ‘‘Energy Punishment Agen- I reserve the balance of my time. ing, and the gentleman from Massachu- cy’’ as opposed to ‘‘Environmental Pro- Mr. SHIMKUS. Madam Chair, I rise setts has 2 minutes remaining. tection Agency.’’ EPA’s role is not to in opposition to the amendment. Mr. SHIMKUS. I yield 11⁄2 minutes to regulate the oil and gas industry. It’s The Acting CHAIR. The gentleman the chairman of the Energy and Air not to set an oil import fee. It’s not to from Illinois is recognized for 5 min- Quality Committee, the gentleman set quotas. It’s to protect the environ- utes. from Kentucky (Mr. WHITFIELD). ment. And the bill before us today does Mr. SHIMKUS. Madam Chair, my col- that. It restricts the Clean Air Act to 1730 league just said the only way is to re- b its original intention, which is to regu- duce demand. Well, that is not the only Mr. WHITFIELD. I’m actually sur- late the criteria pollutants for which it way. prised the gentleman has offered an was intended when it was passed in the Republicans continue to move on all- amendment related to oil because our early 1990s. of-the-above energy strategies that in- bill that we have on the floor today We are trying to segregate green- crease supply. You know what happens completely preserves in every way the house gases from regulation under the when you increase supply? You in- car rule under which EPA sets green- Clean Air Act. That’s all this bill does. crease jobs. house gas emission standards for pas- It’s not affecting fuel efficiency stand- I brought this down numerous times senger cars and trucks for model year ards that NHTSA regulates and will over the past couple of years. Look 2012 through 2016. That was agreed to continue to regulate. It doesn’t have what we could do. We could open up the by the Obama administration, the anything to do with that. We are sim- OCS. Thousands and thousands of jobs automobile industry, environmental- ply saying that greenhouse gases could be created by oil and gas explo- ists, EPA and everyone; and that is should not be regulated under the ex- ration. Look what we could do. We preserved in this bill. isting Clean Air Act. We disagree with could take hundreds of years of supply But let’s talk about the electricity the Supreme Court decision that gave of coal and turn it into liquid fuel. side. If we allow EPA to regulate the EPA the authority to make a deci- Look what we could do. We could greenhouse gases, we’re going to sky- sion, and we definitely disagree with open up the pipelines and bring oil rocket the cost of electricity which is the endangerment finding, which I sands from Canada down. going to make us less competitive in think was fatally flawed. We can be independent on transpor- the global marketplace; we’re going to We can do a lot on decreasing oil im- tation fuels. We cannot be, based upon lose more jobs to China and more jobs ports both by supply increases in the allowing the EPA to price carbon. to India because those two countries United States and letting the market The only way my colleagues want to are burning more coal because coal operate in an efficient fashion. We get us to driving less is to make gaso- produces the lowest-cost electricity. don’t need the EPA to have some sort line so high that no one can drive. And that’s why we are opposed to this of a stranglehold on oil production in Now, that’s okay when you live in amendment of the gentleman because the United States of America. major metropolitan areas, but when we’ve already preserved the car rule Mr. MARKEY. I yield myself the bal- you live in rural southern Illinois, that the gentleman is concerned about. ance of my time. where you have got to drive long dis- Mr. MARKEY. I yield myself 1 What the Republicans are doing in tances to get to school, to get to hos- minute. their bill is stripping the EPA of their

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5323 authority to regulate the fuel effi- The Acting CHAIR. Pursuant to grated into national security and na- ciency of vehicles that we drive in our clause 6 of rule XVIII, further pro- tional defense strategies. The report country, of the planes, the trains and ceedings on the amendment offered by goes on to say that climate change, na- the boats where we put the petroleum. the gentleman from Massachusetts will tional security, and energy independ- That’s what their bill does. That’s be postponed. ence all pose a related set of challenges what the Supreme Court gave them as AMENDMENT NO. 10 OFFERED BY MR. RUSH for our military; and these threats authority. The Acting CHAIR. It’s now in order should not be ignored or pushed down The gentleman says, EPA is mis- to consider amendment No. 10 printed the road for future action. named. Well, let me just tell you under in House Report 112–54. b 1740 the Republicans, EPA stands for Mr. RUSH. Madam Chair, I have an ‘‘Every Polluter’s Ally.’’ Under the Unfortunately, this Upton-Inhofe bill amendment at the desk. does exactly that. It pushes the chal- Democrats, it stands for ‘‘End Petro- The Acting CHAIR. The Clerk will lenges of regulating greenhouse gases, leum Addiction.’’ That’s what the Mar- designate the amendment. which contribute to climate change, key amendment does. It gives the EPA The text of the amendment is as fol- further down the road for action at the authority to back out this im- lows: ported oil and to tell them that we’re At the end of the bill, add the following: some later date far into the future. I do not believe it is in America’s going to use the Oklahoma oil, the SEC. 5. LIMITATION ON APPLICABILITY. best interest to delay acting on these Texas oil and the Louisiana oil; but we The provisions of this Act, and the amend- threats that we know are currently en- don’t need that oil coming out of the ments made by this Act, shall not apply until the Administrator of the Environ- dangering our health and way of life. Persian Gulf any more than we need to Madam Chair, I encourage all of my send 100,000 young men and women mental Protection Agency, in consultation with the Secretary of Defense, certifies that colleagues to support this amendment over there. the consequences of climate change, includ- so we are not ignoring the warnings Let’s set a new policy path here ing its potential to create sustained natural from our most esteemed military men, today, ladies and gentlemen. Let’s give and humanitarian disasters and its ability to and we are proactive in fighting the those OPEC ministers a few sleepless foster political instability where societal de- threat of climate change before we are nights. Let’s not allow them to look at mands exceed the capacity of governments past the tipping point. the Congress, once again ignoring the to cope, do not jeopardize security interests of the United States at home or abroad. I reserve the balance of my time. strength of our country, which is our Mr. ROGERS of Michigan. Madam technological genius, to be able to in- The Acting CHAIR. Pursuant to Chair, I rise in opposition to the vent the new technologies that make House Resolution 203, the gentleman amendment. us less dependent. And what did the from Illinois (Mr. RUSH) and a Member The Acting CHAIR. The gentleman is Republicans do one month ago? They opposed each will control 5 minutes. recognized for 5 minutes. zeroed out all of the loan guarantees The Chair recognizes the gentleman Mr. ROGERS of Michigan. Madam for solar and wind. They zeroed them from Illinois. Chair, I can’t think of anything more out of the legislation. That’s their all- Mr. RUSH. Madam Chair, my amend- disconnected from national security of-the-above legislation. ment revokes the provisions of this act than this amendment. Mr. SHIMKUS. I yield myself the bal- from going into effect until the EPA To speak on that, I yield such time ance of my time. administrator, in consultation with the as he may consume to the gentleman Madam Chairman, just to put things Secretary of Defense, certifies that the from California (Mr. BILBRAY). back on the table, H.R. 910 completely consequences of not regulating green- Mr. BILBRAY. Madam Chair, I re- preserves the car rule under the EPA, house gas emissions, and its subse- gretfully rise in opposition, not be- emissions standards for passenger cars quent impact on climate change, in- cause the intention of this amendment and trucks for model years 2012 to 2016. cluding the potential to create sus- isn’t appropriately placed, but the We had this debate in the committee, tained natural and humanitarian disas- science doesn’t reflect the concern that the subcommittee and the full com- ters and the ability to likely foster po- the gentleman has pointed out. I say mittee. It’s still there. And, unfortu- litical instability where societal de- that with the understanding that the nately, you are acting as if it doesn’t. mands exceed the capacity of govern- science, not talking about the concern This is a really simple debate. This is ments to cope, do not jeopardize Amer- about climate change, but the lack of a debate about whether we want more ican security interests at home or science behind the proposed regula- supply or less supply, whether we want abroad. tions that EPA has even discussed. more jobs or less jobs, whether we want Madam Chair, the overwhelming ma- There is no one who has been before higher energy prices or less energy jority of respected scientists and sci- our committee, as the gentleman prices. When you allow the EPA to reg- entific organizations worldwide all knows, that has said that the proposed ulate greenhouse gases, which is not a agree that manmade greenhouse gases changes that EPA is bringing forth toxic emission, they do it by setting a do contribute to climate change, and today or in the future is going to ad- price; and that price will drive our these impacts can be mitigated dress or solve the problem. country into slowing economic growth, through policy to curb these emissions. The fact is that the problems that more job loss and higher costs. Just recently, a study by the Na- the gentleman is concerned about may So that’s why we’re here today. We’re tional Academy of Science, conducted be out there somewhere, but no one is very excited about this debate today. at the request of the U.S. Navy, con- saying that what the EPA is doing is It’s about time we got to the floor and cluded that climate change will pose a going to avoid those problems. So by had a chance to vote on whether we major challenge for the United States not having the EPA implement a pro- want the EPA without legislative lan- Navy in the emerging Arctic frontier. gram that nobody in the scientific guage to raise the cost of energy in One of the most serious threat anal- community says will address the prob- this country. We say, no, reject the yses was done by a dozen of the coun- lem doesn’t mean that somehow this Markey amendment. try’s most respected retired generals will de facto cause the problem to be The Acting CHAIR. The question is and admirals, in the 2007 CNA report, implemented or not avoided. on the amendment offered by the gen- the ‘‘National Security and the Threat Basically I guess it says, again, what tleman from Massachusetts (Mr. MAR- of Climate Change Report.’’ In this is being proposed by the EPA is an KEY). study, Madam Chair, these retired gen- agency that was not designed to ad- The question was taken; and the Act- erals and admirals concluded that cli- dress climate change, with plans that ing Chair announced that the noes ap- mate change poses a serious threat to not only were not designed, and using a peared to have it. America’s national security and that vehicle that was not designed regard- Mr. MARKEY. Madam Chair, I de- the national security consequences of ing this problem, but by the own ad- mand a recorded vote. climate change should be fully inte- mission of the administrator does not

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.001 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5324 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 even know, and can’t give us even a am telling you, we will do more to safe and increase production so that for slight percentage of what reduction we harm our national security than any- goodness sake, somebody can afford to would have. thing I can think of. drive to work. So I just have to say to my dear col- We are going to lose just in Michigan I yield back the balance of my time. league from Illinois that I appreciate over 100,000 jobs in the next 25 years. The Acting CHAIR. The question is his concern, but his concern should not So guess what? You want to talk about on the amendment offered by the gen- be us telling EPA not to implement national security, someone who is un- tleman from Illinois (Mr. RUSH). rules that they admit will not address employed and not paying taxes to help The question was taken; and the Act- the problem and will not solve the solve the debt problem is a national se- ing Chair announced that the noes ap- problem. Our issue ought to be talking curity threat, when you want to make peared to have it. about how do we address those prob- unreasonable expectations. Mr. RUSH. Madam Chair, I demand a lems down the pike, because let’s be I want clean water, and I want clean recorded vote. very frank about it. The problems you air. I don’t want the EPA shutting The Acting CHAIR. Pursuant to are talking about are going to happen, down factories that produce and actu- clause 6 of rule XVIII, further pro- and it is not because anyone on this ally produced the largest middle class ceedings on the amendment offered by side is denying the science; it is be- in the history of the world. Why we the gentleman from Illinois will be cause people are trying to take advan- would attack that and label that as a postponed. tage and exploit a crisis rather than national security interest defies even b 1750 address it. the greatest of imaginations, Madam I ask the gentleman again to be con- Chair. AMENDMENT NO. 11 OFFERED BY MR. DOYLE cerned but make sure that when you I reserve the balance of my time. The Acting CHAIR. It is now in order propose an action, let’s make sure that Mr. RUSH. Madam Chair, I yield the to consider amendment No. 11 printed those actions have a possibility of ad- balance of my time to the gentleman in House Report 112–54. dressing the issues that you so sin- from California (Mr. WAXMAN) to close. Mr. DOYLE. Madam Chair, I have an cerely are concerned about. Mr. WAXMAN. I rise in support of amendment at the desk. Mr. RUSH. Madam Chair, I yield my- the Rush amendment. The Acting CHAIR. The Clerk will self 30 seconds. The problem of national security is designate the amendment. Madam Chair, I am really astounded threatened in two ways by the Inhofe- The text of the amendment is as fol- by the remarks of my friend from Cali- Upton bill. It increases our oil depend- lows: fornia. It seems that first of all they ence because we take away the tools At the end of the bill add the following: deny the scientists that have come be- for addressing this oil dependence by SEC. 5. STUDY ON EFFECT OF EPA CLIMATE not allowing EPA to set tighter effi- CHANGE REGULATIONS ON INTER- fore the committee, the many sci- NATIONAL COMPETITIVENESS OF entific organizations throughout the ciency standards which reduce our de- UNITED STATES PRODUCERS OF EN- world who say that climate change is a mand for oil. ERGY-INTENSIVE PRODUCTS. reality. They deny this science and Secondly, it takes away our tools to (a) STUDY.—Not later than 1 year after the these scientists saying we are reaching deal with the problem of climate date of the enactment of this Act, the Ad- a tipping point. Now, Madam Chair, change itself. ministrator of the Environmental Protection Former senior military officers wrote Agency shall— they are denying the opinion and the (1) conduct a study to determine, with re- warnings from the command shelter of to us and asked that we not undermine spect to the period beginning on such date of our American military. I just don’t the Clean Air Act. They are concerned enactment and ending on December 31, 2016, know who will convince them. this will increase our dependence on the extent to which the regulations of the I reserve the balance of my time. oil, and that such dependence is truly Environmental Protection Agency under the Mr. ROGERS of Michigan. Madam dangerous. In 2009, 10 retired general Clean Air Act to address climate change, if Chair, I yield myself 2 minutes. and admirals described how our oil de- not repealed or otherwise made unauthorized I appreciate the gentleman’s passion pendence funds terrorism. It puts large by section 2 of this Act, would— for the issue, but I think when amend- sums of money in the hands of un- (A) cause greenhouse gas leakage; and (B) reduce the international competitive- ments like this hit the floor, it does a friendly regimes like Iran and Ven- ness of United States producers of energy-in- huge disservice to even the basis of ezuela. Iran provides weapons to tensive products; and their argument. You know, getting Hezbollah and supports insurgents in (2) submit a report on the results of the ready for World War II, we had a truck Iraq. study to the Congress, including rec- company in Ypsilanti, Michigan, that And climate change itself, according ommendations for legislative, administra- went from building pickup trucks with to the State Department, is going to tive, or other actions to mitigate— several thousand parts—in about 8 bring about more migrant and refugee (A) any greenhouse gas leakage identified weeks, they converted it to building flows, more conflicts over resources, pursuant to paragraph (1)(A); and drought and famine, and catastrophic (B) any reduction in international com- bomber airplanes with over a million petitiveness identified pursuant to paragraph parts. Only in America could that have natural disasters. That is a threat to (1)(B). happened to win the war. The great in- our national security, and the Rush (b) DEFINITIONS.—In this section: dustrial arsenal of democracy hap- amendment will allow EPA to address (1) The term ‘‘energy-intensive product’’ pened in the great State of Michigan. it. means— If you want to talk about national Mr. ROGERS of Michigan. Madam (A) iron, steel, aluminum, cement, bulk security issues, when you try to do this Chair, I thank the gentleman for mak- glass, paper and pulp, chemicals, or indus- on cap and trade, what you are doing is ing our point for us. When you shut trial ceramics; or down production of oil and natural gas (B) any other manufactured product which wholesale departing manufacturing the Administrator of the Environmental jobs and our ability to produce things into the United States, we have to im- Protection Agency determines— in this country to places like China port more because we are still driving (I) is sold in bulk for purposes of further and India, who have laughed at cap and more. We have absolutely put ourselves manufacture; and trade and said, we welcome those jobs. at the mercy of a whole region of the (ii) generates, in the course of the manu- We lost a million manufacturing jobs world that is inflamed in trying to fig- facture of the product, direct and indirect in our State alone. A million. Cap and ure out who they are. And it has raised greenhouse gas emissions that are com- trade. What you seek to do will lose 1.4 our prices. It went from $1.83 2 years parable (on an emissions-per-dollar basis) to million more jobs. ago to $4 a gallon. emissions generated in the manufacture or production of products identified in subpara- Admiral Mullen said the greatest If you want to be serious about get- graph (A). threat to our national security is our ting this right, let the EPA do what it (2) The term ‘‘greenhouse gas leakage’’ debt. When people aren’t working, does best—clean air, clean water—and means an increase in greenhouse gas emis- when America can’t produce things, I let the national security folks keep us sions abroad because of the movement of the

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5325 production of economic goods from the The Acting CHAIR. The gentleman is when I just read the fact that China is United States to other countries. recognized for 5 minutes. imposing a tax on their industries, is The Acting CHAIR. Pursuant to Mr. KINZINGER of Illinois. Madam looking at cap-and-trade. House Resolution 203, the gentleman Chairman, this is an interesting I would also say to the gentleman from Pennsylvania (Mr. DOYLE) and a amendment. This is an amendment to a who says why we want a study for a Member opposed each will control 5 bill to study the cost of regulations bill that is going to abolish these regu- minutes. that if this bill goes through, regula- lations, your bill is never going to be- The Chair recognizes the gentleman tions won’t exist. I don’t get it, but come law. This bill has a veto threat. from Pennsylvania. okay. We need to do a study to see what the Mr. DOYLE. I yield myself 2 minutes. We don’t need another study. We implications are on our industries. Madam Chair, I sit on the Energy and need jobs. I come from the 11th Con- I would now like to yield 1 minute to Commerce Committee and on the En- gressional District in Illinois. We have the gentleman from Ohio (Mr. RYAN). ergy and Power Subcommittee, which high unemployment. Where I come Mr. RYAN of Ohio. I thank the gen- has primary jurisdiction of H.R. 910. As from is an industry base, a manufac- tleman from Pittsburgh. such, I have been at several hearings turing base. Americans are hurting. We I would just like to lend my voice to on this bill where my colleagues on the have high unemployment. Statistics taking this and studying this, because Republican side of the aisle have show that jobs are leaving at a record there are issues here. There will be a claimed that the pending EPA regula- pace. transition. We want our businesses to tions on greenhouse gases will cause There is no longer any question be aware of what the actual statistics our industries to pack up and move about whether the EPA’s climate are, to study these regs, what they’re overseas, taking with them our jobs change regulations would actually hurt going to be and what the effects are and our carbon emissions. international competitiveness and af- going to be. But in no way, shape or At a committee hearing on this bill fect American companies. We already form does this diminish mine or I don’t held in March of this year, our chair- know they would. We already know think anyone else’s support for a green man told us, ‘‘We live in a global econ- that. I talked to a factory in my dis- energy future that we need in the omy with global competition, and na- trict that said when cap-and-trade was United States. tions like China absolutely have no in- going to be passed, or this de facto cap- I have been sitting here listening and tention of similarly burdening their in- and-trade that’s being looked at, if you have several Members over there dustries. Manufacturing will leave this that passes, that will definitely result saying, ‘‘China isn’t going to do cap- country unless the EPA is stopped.’’ in them leaving. There’s no benefit. It’s and-trade.’’ The fact is they’re starting Madam Chair, unfortunately, my col- a higher cost of doing business. It to do it. ‘‘China is never going to tax leagues on the Republican side of the makes us uncompetitive in the free carbon.’’ The fact is they’re starting to aisle have forgotten to check with the world, especially in areas affected do it. And now we have dropped from Chinese. Just 2 days ago, a report came where we have an ability to trade with first place in leading the green revolu- out saying China to Tax Energy Usage other countries. tion to second, now to third, behind of Energy-Intensive Industries. The re- Now here’s the very interesting part China, Germany, and now the United port says that China will impose a tax about that, though. We’re concerned States. on energy usage of eight industrial sec- about the environment, and we’re very These are manufacturing jobs. Tons tors, including iron and steel, alu- concerned about the environment. and tons of steel go into a windmill; minum and cement. Xie Zhenhua, vice When you add cost to doing business in 8,000 component parts. They manufac- chairman of National Development and a country that already well regulates ture them in Illinois, in Ohio, in Penn- Reform, said that China has launched what is put out of an industry’s smoke- sylvania. These are jobs for our people. pilot carbon emission trading schemes stack and you add cost to that, you Why else would the United Steel- in some of their provinces. So much for drive those businesses overseas into workers of America be against this and this idea that all these jobs are going areas where they have far less environ- be for the green revolution? We’re to China because there’s no taxing mental regulation. So not only are we making this happen, and we have to there or that they’re not looking at a losing jobs here in the United States, get out of our own way while we do it. trading scheme. not only is the middle class continuing Mr. KINZINGER of Illinois. I yield While I dispute the claims of my col- to be squeezed again by not having myself 15 seconds to say that China is leagues that China has no intention of their manufacturing jobs, but now not the only other country. There are addressing climate change, what I am we’ve hurt the environment. hundreds of countries, hundreds of op- more concerned about is the varying This is backwards. This isn’t what we portunities for American companies to claims that these regulations will ship want to do. This isn’t the kind of go overseas if they are forced and jobs overseas. What we have as an America that we strive to come back squeezed out of this. I think green en- amendment here is to address that to, to get a middle class that’s vibrant ergy future is a code word for a no very question: Are these industries and producing things and exporting manufacturing jobs future. here in America that utilize energy-in- them overseas and people are getting a With that, I yield 2 minutes to the tensive processes and have special good paycheck. This amendment stud- gentleman from California (Mr. trade pressures, what will the effect of ies something that will not exist if we BILBRAY). these regulations be on those types of pass this bill. Mr. BILBRAY. Madam Chair, I al- industries? We heard from a wide cross-section of ways enjoy my colleague MIKE DOYLE In the last Congress, I worked with energy producers and manufacturers on because I have a good friend, Mike Congressman INSLEE to develop and ad- the Energy and Commerce Committee Doyle, who was actually the first world dress job and carbon leakage issues who testified as to the harm these reg- champion surfer; so I always remind when we did the American Clean En- ulations will do in steel and chemical him of that connection. ergy Security Act. We were able to de- and refineries. The fact that China, But let me just say to my colleagues, velop a fair system of distributing India and other industrial competitors I hope you’re not under some illusion these allowances. This amendment pro- have no intention of imposing similar that China is even considering reducing poses to do the same thing. regulations is further evidence that their greenhouse gas emissions by 17 The Acting CHAIR. The time of the such regulations are costly and eco- percent within this decade. I hope you gentleman has expired. nomically damaging. don’t have that illusion. Mr. DOYLE. Thank you. I reserve the balance of my time. But let’s point out what we really I will reserve the balance of my time. Mr. DOYLE. Madam Chair, I yield need to address with this issue. You do Mr. KINZINGER of Illinois. I rise in myself 15 seconds to say to the gen- not need a study, Congressman, about opposition to the amendment. tleman that maybe he wasn’t here the impacts. Your State is sitting at 8

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5326 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 percent. My State is sitting at 12 per- is an amendment that makes a state- Strike all after the enacting clause and in- cent unemployment. If you really want ment that we ought to study science sert the following: to see what happens if you’re not care- and economics and come up with a so- SECTION 1. PROHIBITIONS AGAINST REGULA- ful about the impacts and the costs of lution in a bipartisan way. TION OF GREENHOUSE GASES. Mr. KINZINGER of Illinois. I yield The Clean Air Act (42 U.S.C. 7401 and fol- going green, which we have, we’ve had lowing) is amended by adding the following a great breakthrough. Our air has been myself the balance of my time. new section after section 329: I only have 15 seconds. cleaned up a lot more. But there are ‘‘SEC. 330. PROHIBITIONS AGAINST REGULATION challenges of going beyond that and I heard two crazy things. Number OF GREENHOUSE GASES. going into things that are not cost ef- one, this doesn’t change the Clean Air ‘‘(a) NEW SOURCE REVIEW.— fective. Act at all. This prevents them from ‘‘(1) GENERAL RULE.— Let me remind you, the great suc- going outside of the legislative will of ‘‘(A) EXCLUDING GREENHOUSE GAS EMISSIONS cesses we’ve had with cleaning up our the American people and implementing FROM PERMITTING APPLICABILITY DETERMINA- TIONS.— air in California is we always gave pri- a legislative idea. By the way, if we’re looking at a government shutdown, it’s ‘‘(i) For purposes of determining whether a ority to those emissions that had the stationary source is a ‘major emitting facil- greatest health risk. We didn’t go after not because we haven’t tried on this ity’ pursuant to section 169(1), such deter- side; it’s because no budget was passed one that wasn’t even on the scale. CO2 mination shall not be based on emissions of is not even on the health risk scale. last year. any air pollutant subject to regulation solely Let me just give you a good example. The Acting CHAIR. The time of the on the basis of such pollutant’s contribution I’m a big supporter of algae. Our sci- gentleman has expired. to global climate change. entists in California developed algae Mr. DOYLE. I would like to yield 15 ‘‘(ii) For purposes of determining whether seconds to the gentleman from Ohio a stationary source has undertaken ‘con- fuel. Our State institutions and our struction’ pursuant to section 165(a), such educational institutions had the sci- (Mr. RYAN). Mr. RYAN of Ohio. I just want to determination shall not be based on an in- entists that developed the technology make two points because we hear a lot crease in the amount of any air pollutant to be able to make fuel out of algae. from the other side about Ronald subject to regulation solely on the basis of But when it came time to produce it, such pollutant’s contribution to global cli- Reagan, and I know they burn incense when it came time to create the jobs, I mate change, nor be based on resulting emis- and light candles for Ronald Reagan. In hope the gentleman understands that sions of such an air pollutant not previously the 1980s, it was President Reagan who our scientists had to leave the State emitted. used cap-and-trade for leaded gasoline, ‘‘(B) EXCLUDING SMALL GREENHOUSE GAS and go to New Mexico, because our en- and it was George Herbert Walker Bush SOURCES FROM PERMITTING REQUIREMENTS.— vironmental regulations were such who used cap-and-trade for sulfur. No requirement of sections 160 through 169 that it didn’t allow us to implement This is something that can be done if shall apply with respect to any greenhouse our green revolution. we put a price on this stuff. Lead the gas unless such gas is subject to regulation under this Act for reasons independent of its So, I hope all of those that are talk- world, not be led. ing about a green revolution today are effects on global climate change or the gas is Mr. DOYLE. Madam Chair, let me emitted by a source that is— willing to take on the environmental, just close by saying to my colleagues regulatory, and oversight problems ‘‘(i) a new major emitting facility that will that all we’re asking for is to put some emit, or have the potential to emit, green- that exist in implementation, because good data behind this. Let’s study it. house gases in an amount of at least 75,000 without casting those aside, you’ll Let’s have the EPA take a look at this. tons carbon dioxide equivalent per year; or never see that revolution. Let’s see what the effects are on our ‘‘(ii) an existing major emitting facility b 1800 energy-intensive industries, because that undertakes construction which in- this is an issue we’re going to have to creases the amount of greenhouse gases, or Mr. DOYLE. Madam Chair, may I in- which results in emission of greenhouse quire as to how much time remains on deal with eventually, and we want to gases not previously emitted, on a mass both sides? have good data behind it. Let’s not basis and by at least 75,000 tons carbon diox- The Acting CHAIR. The gentleman have all the stories be anecdotal. Let’s ide equivalent per year. have the agency study this, and let’s ‘‘(2) SPECIAL RULE.—Notwithstanding para- from Pennsylvania has 13⁄4 minutes re- maining, and the gentleman from Illi- work together to find solutions to pro- graph (1), as of July 1, 2011, for purposes of section 160 through 169, the term ‘major nois has 15 seconds remaining. tect our industries while we clean up our environment for our kids and our emitting facility’ shall include a stationary Mr. DOYLE. I yield 1 minute to my source— good friend, the gentleman from Wash- grandkids. Madam Chair, I yield back the bal- ‘‘(A) that is— ington, JAY INSLEE. ‘‘(i) a new stationary source that will emit, ance of my time. or have the potential to emit, greenhouse Mr. INSLEE. It is deeply dis- The Acting CHAIR. The question is appointing that our Republican col- gases of at least 100,000 tons carbon dioxide on the amendment offered by the gen- equivalent per year (or such other quantity leagues are so willing, able—and appar- tleman from Pennsylvania (Mr. ently eager—to shut down the govern- between 50,000 and 100,000 set by the Admin- DOYLE). istrator by regulation effective no earlier ment. This bill fundamentally shuts The question was taken; and the Act- than July 1, 2013); or down the government. It shuts down ing Chair announced that the noes ap- ‘‘(ii) an existing stationary source that the ability of the Environmental Pro- peared to have it. emits greenhouse gases of at least 100,000 tection Agency to help lead us into a Mr. DOYLE. Madam Chair, I demand tons carbon dioxide equivalent per year (or clean energy future. a recorded vote. such other quantity between 50,000 and Why shut down an agency that can The Acting CHAIR. Pursuant to 100,000 set by the Administrator by regula- tion effective no earlier than July 1, 2013) help develop these biofuels that we clause 6 of rule XVIII, further pro- were just talking about? Why do they and that undertakes a physical change or ceedings on the amendment offered by change in the method of operation that will want to shut down the engine of inno- the gentleman from Pennsylvania will result in an emissions increase of greenhouse vation? Why do they want to shut down be postponed. gases of at least 75,000 tons carbon dioxide our effort to find a solution for energy- AMENDMENT NO. 12 OFFERED BY MR. KIND equivalent per year (or such other quantity intensive industries? The steel indus- The Acting CHAIR. It is now in order between 50,000 and 75,000 set by the Adminis- try, the aluminum industry, the ce- to consider amendment No. 12 printed trator by regulation effective no earlier than ment industry, the paper pulp industry in House Report 112–54. July 1, 2013); and ‘‘(B) that has greenhouse gas emissions need solutions to this. We offered one. Mr. KIND. Madam Chair, I have an Yet the Republicans have no solutions. equal to or exceeding 250 tons per year mass amendment at the desk. emissions or, in the case of any of the types Shutting down the government is not The Acting CHAIR. The Clerk will of stationary sources identified in section a solution. Shutting down the EPA is designate the amendment. 169(1), 100 tons per year mass emissions. not a solution. Shutting down Amer- The text of the amendment is as fol- ‘‘(3) NONPROFIT INSTITUTIONS.—For pur- ican innovation is not a solution. This lows: poses of section 169(1), no provision in this

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There is a button that was very pop- ‘‘(b) TITLE V OPERATING PERMITS.— the appropriate approach to regulating ‘‘(1) GENERAL RULE.—Notwithstanding any greenhouse gases by only requiring ular in my district—and still is—which provision of this title or title V, no sta- very large, new and expanded emitters reads, ‘‘Who elected the EPA?’’ The an- tionary source shall be required to apply for, to seek permits. My friends on the swer is no one; but we know who elects or operate pursuant to, a permit under title other side of the aisle, however, believe us. The people of the United States V, solely due to its status as a major source that the EPA intends to go even fur- elect us, and they elect us to make the of greenhouse gases that are subject to regu- ther than the Tailoring Rule, and will laws. This amendment makes it clear lation under this Act solely on the basis of ultimately implement a tax on energy that this is where it belongs; thus, we their effect on global climate change. should pass the bill. The amendment ‘‘(2) SPECIAL RULE.—As of July 1, 2011, the just as China is beginning to today; but provisions of paragraph (1) of this subsection voting for this amendment will prevent should be defeated. The bill should be shall not apply to any stationary source that the EPA from doing this. passed. emits or has the potential to emit at least Some fear that farms or businesses It also makes clear that the EPA is 100,000 tons per year carbon dioxide equiva- will be regulated under this rule. Our overreaching and that they had to lent (or such other quantity between 50,000 amendment prevents this from ever oc- come up with a Tailoring Rule because, and 100,000 set by the Administrator by regu- curring. Under the Tailoring Rule, the as they say, without it, it creates an lation effective no earlier than July 1, 2013). EPA has not identified even one farm absurd result, but those absurd results ‘‘(c) DEFINITION OF GREENHOUSE GAS.—For that would meet the regulation thresh- flow from the EPA’s determination to purposes of this section, the term ‘green- reach these greenhouse gases as if they house gas’ means the following: old. That’s because you’d have to have ‘‘(1) Carbon dioxide. over 116,000 beef cattle or 152 million were harmful pollutants. ‘‘(2) Methane broiler chickens on a single farm to Now, ladies and gentlemen, this ‘‘(3) Nitrous oxide. trigger the regulation. There isn’t a amendment, contrary to its patron’s ‘‘(4) Sulfur hexafluoride. farm in the United States, let alone assertions, does not shield small busi- ‘‘(5) Hydrofluorocarbons. western Wisconsin, that fits that defi- nesses or farms, because it does not ‘‘(6) Perfluorocarbons. nition. Further, this amendment will block the avalanche of additional ‘‘(7) Nitrogen trifluoride. greenhouse gas rules that come under ‘‘(8) Any other anthropogenic gas if the Ad- provide the utility industry with the certainty that they have requested. In- various clean air programs. The EPA’s ministrator determines that one ton of such greenhouse gas regulations will drive gas has the same or greater effect on global dustry will know precisely what will climate change as does one ton of carbon di- trigger permit requirements, and will up the prices of gasoline, electricity, oxide.’’. be able to plan accordingly. food, goods and services; and the cost The Acting CHAIR. Pursuant to H.R. 910 takes an extreme approach of these regulations will be passed on House Resolution 203, the gentleman to the EPA regulation of these carbon to everyone, including to small busi- from Wisconsin (Mr. KIND) and a Mem- emissions by repealing a scientific nesses. That’s why the National Federation ber opposed each will control 5 min- finding so compelling that even the of Independent Business supports H.R. utes. Bush administration determined that 910. A vote in favor of H.R. 910 will be The Chair recognizes the gentleman they were unable to ignore it. The scored as a major vote for the NFIB. from Wisconsin. science is clear: Climate change is real, The NFIB has said that using the Clean Mr. KIND. I yield myself such time and greenhouse gases pose a serious Air Act as a framework will trigger an as I may consume. threat to human health. Madam Chair, the bill that we are de- I think we can all agree that we’d avalanche of regulatory requirements bating today just goes too far. It re- rather have Congress act to curb green- that will burden hundreds of thousands peals a scientific finding and rep- house gas emissions, and I would cer- of previously unregulated sources, in- resents an aggressive assault on the tainly prefer that approach, but we cluding many small entities. Clean Air Act, a bipartisan law origi- I ask that you reject the amendment. haven’t been able to get our act to- Mr. KIND. Madam Chair, I would like nally implemented by President Nixon gether in this body. What we can do is to yield 11⁄2 minutes to the coauthor of that has successfully protected the protect public health and local econo- this amendment, my friend from New public health for over 40 years. mies by codifying the Tailoring Rule. York (Mr. OWENS). I represent a rural district in western I urge my colleagues to support this Wisconsin that has approximately amendment because it is a common- b 1810 180,000 rural electric co-op members sense solution that accepts the sci- Mr. OWENS. I thank the gentleman. that are concerned about possible new entific evidence that greenhouse gases I would like to point out that my EPA regulations and their impact on are dangerous to human health, and it predecessor, a respected Member of the them. I share their concerns, and I enacts a workable solution that will other side of the aisle, Mr. McHugh, agree that we have to approach this protect human health and that will en- was very supportive of regulation of issue reasonably. Still, the approach sure clean air while shielding the vast mercury and acid rain because it nega- under H.R. 910 isn’t the right one. majority of sources from any regu- tively impacted the New York 23rd. I There is a middle ground that can be latory requirements. think we need to act responsibly in found, which is why I, along with my I reserve the balance of my time. each of these situations, and we need friend and colleague from New York Mr. WHITFIELD. I rise in opposition to make sure that we are working off, (Mr. OWENS), am offering, really, an to the amendment. not the science of proponents, but the amendment in the nature of a sub- The Acting CHAIR. The gentleman science of understanding of the issues. stitute today. This amendment would from Kentucky is recognized for 5 min- When we look at my district, it has permanently protect farms, small busi- utes. taken great strides in terms of moving nesses and small- and medium-sized Mr. WHITFIELD. Madam Chair, I forward with green and renewable en- stationary sources from greenhouse gas yield 2 minutes to the gentleman from ergy. We have wood—which we have regulation by codifying the Environ- Virginia (Mr. GRIFFITH). plenty of in the Adirondacks—we have mental Protection Agency’s Tailoring Mr. GRIFFITH of Virginia. I would wind energy, and we have hydro, all of Rule. like to thank the gentleman for bring- which are contributing to jobs and The Tailoring Rule, itself, represents ing this amendment. making our economy a green and sus- a compromise. Despite being court-or- Madam Chair, the EPA has passed tainable economy. dered to regulate greenhouse gases, the this so-called ‘‘Tailoring Rule’’ without I think it is very important to under- EPA took into account our fragile there being any authority in the Clean stand that what this legislation does

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is, in fact, eliminate regulation for the conflicting parts of this Clean Air Act gentlewoman from Texas (Ms. JACKSON small businesses and farms in my dis- as a result if we adopt this amendment. LEE) on which further proceedings were trict. I urge my colleagues to support One thing we know for certain, EPA postponed and on which the noes pre- this amendment and to reject the un- is already involved in too many law- vailed by voice vote. derlying legislation. suits. In fact, we’re trying to find out The Clerk will redesignate the The Acting CHAIR. The gentleman now exactly how many lawsuits. We amendment. from Kentucky has 3 minutes remain- feel like this bill that we are trying to The Clerk redesignated the amend- ing; the gentleman from Wisconsin has pass in the Congress today, H.R. 910, is ment. 30 seconds remaining. simply Congress reasserting itself into RECORDED VOTE Mr. WHITFIELD. Madam Chair, I the Clean Air Act because for too long The Acting CHAIR. A recorded vote yield 1 minute to the gentleman from decisions have been made by unelected has been demanded. California (Mr. BILBRAY). bureaucrats at EPA; lawsuits are being A recorded vote was ordered. Mr. BILBRAY. I apologize, but I have filed. Almost every time anyone ap- The vote was taken by electronic de- to say to the gentleman, you know, plies for a permit EPA runs and enters vice, and there were—ayes 161, noes 259, wood burning, under oxygen-deprived into a consent decree, and then the not voting 12, as follows: environment, is a terrible particulate Federal judge will award legal fees to [Roll No. 233] pollutant. So I don’t think anybody in- the plaintiffs. We think it’s time to re- AYES—161 volved in air pollution issues would assert ourselves into this process. ever point out that wood burning is This is a good bill, H.R. 910. It says Ackerman Gonzalez Neal Andrews Green, Al Owens something we want to point to. It may that it was never the intent of Con- Baca Green, Gene Pallone be renewable—and I appreciate you gress for EPA to regulate greenhouse Baldwin Grijalva Pascrell saying that, and I think it’s very good gases. We do not in any way interfere Bass (CA) Gutierrez Pastor (AZ) that you said that because I think we with their ability to regulate ambient Becerra Hanabusa Payne Berkley Hastings (FL) Pelosi mix renewable with clean all the time. air quality standards, particulate mat- Berman Heinrich Peters But there are those renewable sources ter, the hazardous air pollutants—we Bishop (NY) Higgins Polis that are very, very bad for the air pol- have about 200 or so of those listed— Blumenauer Himes Price (NC) Boswell Hinchey lution issue. I just wanted to make acid rain, any of those things. Quigley Brady (PA) Hinojosa Reyes sure we went by and didn’t point at This is a great bill. Let’s defeat this Braley (IA) Hirono Richardson that. amendment. I urge passage of H.R. 910. Brown (FL) Holt Richmond Butterfield Hoyer Rothman (NJ) In California, we have actually tried The Acting CHAIR. The question is Capps Inslee Roybal-Allard to outlaw wood-burning stoves because on the amendment offered by the gen- Capuano Israel Ruppersberger Carnahan Jackson (IL) of the problems with the air pollution tleman from Wisconsin (Mr. KIND). Rush Carney Jackson Lee and the toxin emissions that are The question was taken; and the Act- Ryan (OH) Carson (IN) (TX) Sa´ nchez, Linda caused by the particulate problem with ing Chair announced that the noes ap- Castor (FL) Johnson (GA) T. it. peared to have it. Chu Johnson, E. B. Sarbanes Cicilline Kaptur Mr. KIND. Madam Chair, I yield the Mr. KIND. Madam Chair, I demand a Schakowsky balance of my time to the ranking recorded vote. Clarke (MI) Keating Clarke (NY) Kildee Schiff member of the Energy and Commerce The Acting CHAIR. Pursuant to Clay Kind Schwartz Committee, the gentleman from Cali- clause 6 of rule XVIII, further pro- Cleaver Kissell Scott (VA) Scott, David fornia (Mr. WAXMAN). ceedings on the amendment offered by Clyburn Kucinich Cohen Langevin Serrano The Acting CHAIR. The gentleman is the gentleman from Wisconsin will be Connolly (VA) Larsen (WA) Sherman recognized for 30 seconds. postponed. Conyers Larson (CT) Sires Slaughter Mr. WAXMAN. The advocates of the ANNOUNCEMENT BY THE ACTING CHAIR Cooper Lee (CA) Speier underlying bill have said that EPA is Courtney Levin The Acting CHAIR. Pursuant to Crowley Lewis (GA) Stark going to regulate a lot of other sources. clause 6 of rule XVIII, proceedings will Cummings Lipinski Sutton What this Kind-Owens amendment does now resume on those amendments Davis (CA) Loebsack Thompson (CA) Thompson (MS) is says that EPA will not be allowed to printed in House Report 112–54 on Davis (IL) Lofgren, Zoe DeFazio Lowey Tierney regulate farms, small businesses, and which further proceedings were post- DeGette Luja´ n Tonko other small and medium-size sources of poned, in the following order: DeLauro Lynch Towns pollution. This makes sense, and it Amendment No. 1 by Ms. JACKSON Deutch Maloney Tsongas deals with the problem that has been Dicks Markey Van Hollen LEE of Texas. Dingell Matsui Vela´ zquez raised about EPA. It is a commonsense Amendment No. 2 by Ms. JACKSON Doggett McCarthy (NY) Walz (MN) solution. We ought to support it and LEE of Texas. Doyle McCollum Wasserman make sure that the tailoring rule is all Amendment No. 5 by Mr. MURPHY of Edwards McDermott Schultz Ellison McGovern Waters that would be applicable for EPA to do. Connecticut. Engel McNerney Watt Mr. WHITFIELD. I yield myself the Amendment No. 6 by Mr. WAXMAN of Eshoo Michaud Waxman balance of my time. California. Farr Miller (NC) Weiner Well, I would say to you that EPA Amendment No. 8 by Mr. POLIS of Fattah Miller, George Welch Filner Moran Wilson (FL) adopted this tailoring act because they Colorado. Frank (MA) Murphy (CT) Woolsey bit off more than they could chew, ini- Amendment No. 9 by Mr. MARKEY of Fudge Nadler Wu tially. That’s why a lawsuit has been Massachusetts. Garamendi Napolitano Yarmuth filed against them, because they vio- Amendment No. 10 by Mr. RUSH of Il- NOES—259 lated the clear language of the Clean linois. Adams Biggert Buerkle Air Act that says if anything emits Amendment No. 11 by Mr. DOYLE of Aderholt Bilbray Burgess more than 150 tons per year, or 250 tons Pennsylvania. Akin Bilirakis Burton (IN) per year, it must be regulated if Amendment No. 12 by Mr. KIND of Alexander Bishop (GA) Calvert Altmire Bishop (UT) Camp they’ve had an endangerment finding, Wisconsin. Amash Black Campbell as they did in this case. The Chair will reduce to 2 minutes Austria Blackburn Canseco And so this amendment would simply the time for any electronic vote after Bachmann Bonner Capito the first vote in this series. Bachus Bono Mack Cardoza gut the entire bill and place the tai- Barletta Boren Carter loring law there in its place. Under this AMENDMENT NO. 1 OFFERED BY MS. JACKSON Barrow Boustany Cassidy tailoring rule, they would be able to go LEE OF TEXAS Bartlett Brady (TX) Chabot down to 50-tons-per-year emissions. The Acting CHAIR. The unfinished Barton (TX) Brooks Chaffetz Bass (NH) Broun (GA) Chandler But the question becomes, what hap- business is the demand for a recorded Benishek Buchanan Coble pens after the year 2013? You have two vote on the amendment offered by the Berg Bucshon Coffman (CO)

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5329 Cole Johnson (IL) Rahall demand for a recorded vote on the Burgess Heller Platts Conaway Johnson (OH) Reed amendment offered by the gentle- Burton (IN) Hensarling Poe (TX) Costello Johnson, Sam Rehberg Calvert Herger Pompeo Cravaack Jones Reichert woman from Texas (Ms. JACKSON LEE) Camp Herrera Beutler Posey Crawford Jordan Renacci on which further proceedings were Campbell Hirono Price (GA) Crenshaw Kelly Ribble postponed and on which the noes pre- Canseco Holden Quayle Cuellar King (IA) Rigell Cantor Huelskamp vailed by voice vote. Quigley Culberson King (NY) Rivera Capito Huizenga (MI) Rahall Davis (KY) Kingston Roby The Clerk will redesignate the Cardoza Hultgren Reed Denham Kinzinger (IL) Roe (TN) amendment. Carter Hunter Rehberg Dent Kline Rogers (AL) Cassidy Hurt The Clerk redesignated the amend- Reichert DesJarlais Labrador Rogers (KY) Chabot Issa Renacci Diaz-Balart Lamborn Rogers (MI) ment. Chaffetz Jenkins Ribble Dold Lance Rohrabacher Chandler Johnson (IL) RECORDED VOTE Rigell Donnelly (IN) Landry Rokita Coble Johnson (OH) Rivera Dreier Lankford Rooney Coffman (CO) Johnson, Sam The Acting CHAIR. A recorded vote Roby Duffy Latham Ros-Lehtinen Cole Jones has been demanded. Roe (TN) Duncan (SC) LaTourette Roskam Conaway Jordan Rogers (AL) Duncan (TN) Latta Ross (AR) A recorded vote was ordered. Connolly (VA) Kelly Rogers (KY) Ellmers Lewis (CA) Ross (FL) Costello King (IA) The Acting CHAIR. This will be a 2- Rogers (MI) Emerson LoBiondo Royce minute vote. Cravaack King (NY) Farenthold Long Runyan Crawford Kingston Rohrabacher Fincher Lucas Ryan (WI) The vote was taken by electronic de- Crenshaw Kinzinger (IL) Rokita Fitzpatrick Luetkemeyer Scalise vice, and there were—ayes 157, noes 266, Critz Kline Rooney Flake Lummis Schilling not voting 9, as follows: Cuellar Labrador Ros-Lehtinen Fleischmann Lungren, Daniel Schmidt Culberson Lamborn Roskam Fleming E. Schock [Roll No. 234] Davis (KY) Lance Ross (AR) Ross (FL) Flores Mack Schrader AYES—157 Denham Landry Forbes Manzullo Schweikert Dent Lankford Royce Fortenberry Marchant Scott (SC) Ackerman Green, Gene Pascrell DesJarlais Larsen (WA) Runyan Foxx Marino Scott, Austin Andrews Grijalva Pastor (AZ) Diaz-Balart Latham Ryan (WI) Franks (AZ) Matheson Sensenbrenner Baca Hanabusa Payne Dicks LaTourette Scalise Gallegly McCarthy (CA) Sessions Baldwin Hastings (FL) Pelosi Dold Latta Schilling Gardner McCaul Sewell Bass (CA) Heinrich Perlmutter Donnelly (IN) Lewis (CA) Schmidt Garrett McClintock Shimkus Becerra Higgins Peters Dreier LoBiondo Schock Gerlach McCotter Shuler Berkley Himes Polis Duffy Lofgren, Zoe Schrader Gibbs McHenry Shuster Berman Hinchey Price (NC) Duncan (SC) Long Schweikert Gibson McIntyre Simpson Bishop (GA) Hinojosa Reyes Duncan (TN) Lucas Scott (SC) Gingrey (GA) McKeon Smith (NE) Bishop (NY) Holt Richardson Ellmers Luetkemeyer Scott, Austin Blumenauer Honda Gohmert McKinley Smith (NJ) Richmond Emerson Lummis Sensenbrenner Brady (PA) Hoyer Goodlatte McMorris Smith (TX) Rothman (NJ) Farenthold Lungren, Daniel Sessions Braley (IA) Inslee Gosar Rodgers Smith (WA) Roybal-Allard Farr E. Sewell Brown (FL) Israel Gowdy Meehan Southerland Ruppersberger Fincher Mack Shimkus Butterfield Jackson (IL) Granger Mica Stearns Fitzpatrick Manzullo Shuler Capps Jackson Lee Rush Graves (GA) Miller (FL) Stivers Ryan (OH) Flake Marchant Shuster Graves (MO) Miller (MI) Stutzman Capuano (TX) Fleischmann Marino Sa´ nchez, Linda Simpson Griffin (AR) Miller, Gary Sullivan Carnahan Johnson (GA) Fleming Matheson T. Smith (NE) Griffith (VA) Mulvaney Terry Carney Johnson, E. B. Flores McCarthy (CA) Sarbanes Smith (NJ) Grimm Murphy (PA) Thompson (PA) Carson (IN) Kaptur Forbes McCaul Schakowsky Smith (TX) Guinta Myrick Thornberry Castor (FL) Keating Fortenberry McClintock Chu Kildee Schiff Southerland Guthrie Neugebauer Tiberi Foxx McCotter Stearns Hall Noem Cicilline Kind Schwartz Franks (AZ) McHenry Tipton Stivers Hanna Nugent Turner Clarke (MI) Kissell Scott (VA) Gallegly McIntyre Stutzman Harper Nunes Upton Clarke (NY) Kucinich Scott, David Gardner McKeon Sullivan Harris Nunnelee Visclosky Clay Langevin Serrano Garrett McKinley Terry Hartzler Olson Walberg Cleaver Larson (CT) Sherman Gerlach McMorris Thompson (PA) Hastings (WA) Palazzo Walden Clyburn Lee (CA) Sires Gibbs Rodgers Thornberry Hayworth Paul Walsh (IL) Cohen Levin Slaughter Gibson Meehan Heck Paulsen Webster Conyers Lewis (GA) Smith (WA) Gingrey (GA) Mica Tiberi Heller Pearce West Cooper Lipinski Speier Gohmert Miller (FL) Tipton Hensarling Pence Westmoreland Courtney Loebsack Stark Goodlatte Miller (MI) Turner Herger Perlmutter Whitfield Crowley Lowey Sutton Gosar Miller, Gary Upton ´ Herrera Beutler Peterson Wilson (SC) Cummings Lujan Thompson (CA) Gowdy Mulvaney Visclosky Holden Petri Wittman Davis (CA) Lynch Thompson (MS) Granger Murphy (PA) Walberg Huelskamp Pitts Wolf Davis (IL) Maloney Tierney Graves (GA) Myrick Walden DeFazio Markey Huizenga (MI) Platts Womack Tonko Graves (MO) Neugebauer Walsh (IL) DeGette Matsui Webster Hultgren Poe (TX) Woodall Towns Griffin (AR) Noem DeLauro McCarthy (NY) West Hunter Pompeo Yoder Tsongas Griffith (VA) Nugent Deutch McCollum Westmoreland Hurt Posey Young (AK) Van Hollen Grimm Nunes Dingell McDermott Whitfield Issa Price (GA) Young (FL) Vela´ zquez Guinta Nunnelee Jenkins Quayle Young (IN) Doggett McGovern Guthrie Olson Wilson (SC) Walz (MN) Doyle McNerney Hall Palazzo Wittman Wasserman NOT VOTING—12 Edwards Michaud Hanna Paul Wolf Schultz Ellison Miller (NC) Harper Paulsen Womack Cantor Giffords Olver Waters Costa Honda Pingree (ME) Engel Miller, George Harris Pearce Woodall Watt Critz Meeks Rangel Eshoo Moore Hartzler Pence Yoder Waxman Frelinghuysen Moore Sanchez, Loretta Fattah Moran Hastings (WA) Peterson Young (AK) Filner Murphy (CT) Weiner Hayworth Petri Young (FL) b 1843 Frank (MA) Nadler Welch Heck Pitts Young (IN) Fudge Napolitano Wilson (FL) Mr. MEEHAN changed his vote from Garamendi Neal Woolsey NOT VOTING—9 ‘‘aye’’ to ‘‘no.’’ Gonzalez Owens Wu Costa Gutierrez Pingree (ME) Ms. BALDWIN, Messrs. CARNEY, Green, Al Pallone Yarmuth Frelinghuysen Meeks Rangel BERMAN, Ms. SCHAKOWSKY and Mr. NOES—266 Giffords Olver Sanchez, Loretta CLEAVER changed their vote from Adams Bartlett Bonner ANNOUNCEMENT BY THE ACTING CHAIR ‘‘no’’ to ‘‘aye.’’ Aderholt Barton (TX) Bono Mack The Acting CHAIR (during the vote). So the amendment was rejected. Akin Bass (NH) Boren There is 1 minute remaining in the The result of the vote was announced Alexander Benishek Boswell Altmire Berg Boustany vote. as above recorded. Amash Biggert Brady (TX) 1847 AMENDMENT NO. 2 OFFERED BY MS. JACKSON Austria Bilbray Brooks b LEE OF TEXAS Bachmann Bilirakis Broun (GA) Ms. CHU and Mr. YARMUTH changed Bachus Bishop (UT) Buchanan The Acting CHAIR (Mr. WESTMORE- Barletta Black Bucshon their vote from ‘‘no’’ to ‘‘aye.’’ LAND). The unfinished business is the Barrow Blackburn Buerkle So the amendment was rejected.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5330 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 The result of the vote was announced Weiner Wilson (FL) Wu ANNOUNCEMENT BY THE ACTING CHAIR as above recorded. Welch Woolsey Yarmuth The Acting CHAIR (during the vote). AMENDMENT NO. 5 OFFERED BY MR. MURPHY OF NOES—240 There is 1 minute remaining on this vote. CONNECTICUT Adams Goodlatte Nugent The Acting CHAIR. The unfinished Aderholt Gosar Nunes business is the demand for a recorded Alexander Gowdy Nunnelee b 1850 Altmire Granger Olson vote on the amendment offered by the Mr. MCINTYRE changed his vote Amash Graves (GA) Palazzo gentleman from Connecticut (Mr. MUR- Austria Graves (MO) Paul from ‘‘aye’’ to ‘‘no.’’ PHY) on which further proceedings were Bachmann Griffin (AR) Paulsen So the amendment was rejected. postponed and on which the noes pre- Bachus Griffith (VA) Pearce The result of the vote was announced vailed by voice vote. Barletta Grimm Pence as above recorded. Bartlett Guinta Peterson The Clerk will redesignate the Barton (TX) Guthrie Petri Stated against: amendment. Benishek Hall Pitts Mr. POE of Texas. Mr. Chair, on rollcall No. The Clerk redesignated the amend- Berg Hanna Platts 235, I voted ‘‘aye’’ and I intended to vote ‘‘no.’’ ment. Biggert Harper Pompeo (By unanimous consent, Mr. DINGELL Bilbray Harris Posey was allowed to speak out of order.) RECORDED VOTE Bilirakis Hartzler Price (GA) RAHALL CASTS 20,000TH VOTE The Acting CHAIR. A recorded vote Bishop (UT) Hastings (WA) Quayle Black has been demanded. Hayworth Reed Mr. DINGELL. Mr. Chairman, I rise Blackburn Heck Rehberg to pay tribute to our good friend from A recorded vote was ordered. Bonner Heller Renacci West Virginia, Representative NICKY The Acting CHAIR. This is a 2- Bono Mack Hensarling Ribble JOE RAHALL, who will cast in this next minute vote. Boren Herger Rigell Boustany Herrera Beutler Rivera vote his 20,000th vote in this House of The vote was taken by electronic de- Brady (TX) Holden Roby Representatives. vice, and there were—ayes 182, noes 240, Brooks Huelskamp Roe (TN) Mr. Chairman, this is a milestone not voting 10, as follows: Broun (GA) Huizenga (MI) Rogers (AL) Buchanan Hultgren Rogers (KY) event. It gives us an opportunity to [Roll No. 235] Bucshon Hunter Rogers (MI) recognize the great work done by our AYES—182 Buerkle Hurt Rohrabacher distinguished friend and colleague from Burgess Issa Rokita Ackerman Frank (MA) Beckley, West Virginia. He is always Nadler Burton (IN) Jenkins Rooney Andrews Fudge Napolitano serving his constituents and doing so Calvert Johnson (IL) Ros-Lehtinen Baca Garamendi Neal Camp Johnson (OH) Roskam well. He also strives to work across the Baldwin Gonzalez Owens Campbell Johnson, Sam Barrow Green, Al Ross (FL) aisle, and he is the kind of Member I Pallone Canseco Jones Bass (CA) Green, Gene Royce believe we all feel we should be. Pascrell Cantor Jordan Bass (NH) Grijalva Runyan Pastor (AZ) Capito Kelly Mr. Chairman, I ask my colleague, Becerra Gutierrez Ryan (WI) Payne Carter Mr. RAHALL, to rise so that we may all Berkley Hanabusa King (IA) Scalise Pelosi Cassidy King (NY) join together in paying tribute to our Berman Hastings (FL) Perlmutter Schilling Bishop (GA) Heinrich Chaffetz Kingston Schmidt friend and colleague on the occasion of Peters Coble Kinzinger (IL) Bishop (NY) Higgins Poe (TX) Schock his 20,000th vote. Coffman (CO) Kline Blumenauer Himes Polis Schweikert Cole Labrador AMENDMENT NO. 6 OFFERED BY MR. WAXMAN Boswell Hinchey Price (NC) Scott (SC) Conaway Lamborn Brady (PA) Hinojosa Quigley Scott, Austin The Acting CHAIR. Without objec- Costello Landry Braley (IA) Hirono Rahall Sensenbrenner tion, 2-minute voting will continue. Brown (FL) Holt Cravaack Lankford Reichert Sessions Butterfield Honda Crawford Latham There was no objection. Reyes Shimkus Capps Hoyer Crenshaw LaTourette Richardson Shuster The Acting CHAIR. The unfinished Capuano Inslee Critz Richmond Latta Simpson business is the demand for a recorded Cardoza Israel Culberson Ross (AR) Lewis (CA) Smith (NE) vote on the amendment offered by the Carnahan Jackson (IL) Davis (KY) Rothman (NJ) LoBiondo Smith (NJ) Carney Jackson Lee Denham Long gentleman from California (Mr. WAX- Roybal-Allard Smith (TX) Carson (IN) (TX) Dent Lucas MAN) on which further proceedings Ruppersberger Southerland Castor (FL) Johnson (GA) DesJarlais Luetkemeyer Rush Stearns were postponed and on which the noes Chabot Johnson, E. B. Diaz-Balart Lummis Ryan (OH) Stivers prevailed by voice vote. Chandler Kaptur Dold Lungren, Daniel Sa´ nchez, Linda Stutzman Chu Keating Dreier E. The Clerk will redesignate the T. Sullivan Cicilline Kildee Duffy Mack amendment. Clarke (MI) Kind Sarbanes Terry Duncan (SC) Manzullo Clarke (NY) Kissell Schakowsky Thompson (PA) The Clerk redesignated the amend- Schiff Duncan (TN) Marchant Clay Kucinich Thornberry ment. Schrader Ellmers Marino Cleaver Lance Tiberi Emerson McCarthy (CA) RECORDED VOTE Clyburn Langevin Schwartz Farenthold Tipton Cohen Larsen (WA) Scott (VA) McCaul The Acting CHAIR. A recorded vote Scott, David Fincher McClintock Turner Connolly (VA) Larson (CT) Upton has been demanded. Conyers Lee (CA) Serrano Fitzpatrick McCotter Sewell Flake McHenry Walberg A recorded vote was ordered. Cooper Levin Walden Courtney Lewis (GA) Sherman Fleischmann McIntyre The Acting CHAIR. This will be a 2- Walsh (IL) Crowley Lipinski Shuler Fleming McKeon minute vote. Webster Cuellar Loebsack Sires Flores McKinley West The vote was taken by electronic de- Cummings Lofgren, Zoe Slaughter Forbes McMorris vice, and there were—ayes 184, noes 240, Davis (CA) Lowey Smith (WA) Fortenberry Rodgers Westmoreland Davis (IL) Luja´ n Speier Foxx Meehan Whitfield not voting 8, as follows: DeFazio Lynch Stark Franks (AZ) Mica Wilson (SC) [Roll No. 236] DeGette Maloney Sutton Wittman Gallegly Miller (FL) AYES—184 DeLauro Markey Thompson (CA) Gardner Miller (MI) Wolf Deutch Matheson Thompson (MS) Garrett Miller, Gary Womack Ackerman Boswell Chu Dicks Matsui Tierney Gerlach Mulvaney Woodall Altmire Brady (PA) Cicilline Dingell McCarthy (NY) Tonko Gibbs Murphy (PA) Yoder Andrews Braley (IA) Clarke (MI) Doggett McCollum Towns Gibson Myrick Young (AK) Baca Brown (FL) Clarke (NY) Donnelly (IN) McDermott Tsongas Gingrey (GA) Neugebauer Young (FL) Baldwin Butterfield Clay Van Hollen Doyle McGovern Gohmert Noem Young (IN) Barrow Capps Cleaver Edwards McNerney Vela´ zquez Bass (CA) Capuano Clyburn Visclosky Ellison Michaud NOT VOTING—10 Becerra Cardoza Cohen Engel Miller (NC) Walz (MN) Berkley Carnahan Connolly (VA) Eshoo Miller, George Wasserman Akin Meeks Sanchez, Loretta Berman Carney Conyers Farr Moore Schultz Costa Olver Waters Bishop (GA) Carson (IN) Cooper Fattah Moran Watt Frelinghuysen Pingree (ME) Bishop (NY) Castor (FL) Costa Filner Murphy (CT) Waxman Giffords Rangel Blumenauer Chandler Costello

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5331 Courtney Kaptur Richardson Lewis (CA) Pearce Scott, Austin Connolly (VA) Johnson, E. B. Reyes Critz Keating Richmond LoBiondo Pence Sensenbrenner Conyers Kaptur Richardson Crowley Kildee Ross (AR) Long Peterson Sessions Cooper Keating Richmond Cuellar Kind Rothman (NJ) Lucas Petri Shimkus Courtney Kildee Rothman (NJ) Cummings Kissell Roybal-Allard Luetkemeyer Pitts Shuster Crowley Kind Roybal-Allard Davis (CA) Kucinich Ruppersberger Lummis Platts Simpson Cummings Kissell Ruppersberger Davis (IL) Langevin Rush Lungren, Daniel Poe (TX) Smith (NE) Davis (CA) Kucinich Rush DeFazio Larsen (WA) Ryan (OH) E. Pompeo Smith (NJ) Davis (IL) Langevin Ryan (OH) Mack Posey ´ DeGette Larson (CT) Sa´ nchez, Linda Smith (TX) DeFazio Larsen (WA) Sanchez, Linda Manzullo Price (GA) DeLauro Lee (CA) T. Southerland DeGette Larson (CT) T. Marchant Quayle Deutch Levin Sarbanes Stearns DeLauro Lee (CA) Sarbanes Marino Rahall Dicks Lewis (GA) Schakowsky Stivers Deutch Levin Schakowsky Dingell Lipinski McCarthy (CA) Reed Dicks Lewis (GA) Schiff Schiff Stutzman Doggett Loebsack McCaul Rehberg Dingell Lipinski Schwartz Schrader Sullivan Donnelly (IN) Lofgren, Zoe McClintock Renacci Terry Doggett Loebsack Scott (VA) Schwartz McCotter Ribble Doyle Lowey Thompson (PA) Doyle Lofgren, Zoe Scott, David Scott (VA) McHenry Rigell Edwards Luja´ n Thornberry Edwards Lowey Serrano Scott, David McKeon Rivera Ellison Lynch Tiberi Ellison Luja´ n Sewell Serrano McKinley Roby Engel Maloney Tipton Engel Lynch Sherman Sewell McMorris Roe (TN) Eshoo Markey Turner Eshoo Maloney Shuler Sherman Rodgers Rogers (AL) Farr Matheson Upton Farr Markey Sires Shuler Meehan Rogers (KY) Fattah Matsui Walberg Fattah Matsui Slaughter Sires Mica Rogers (MI) Filner McCarthy (NY) Walden Filner McCarthy (NY) Smith (WA) Slaughter Miller (FL) Rohrabacher Frank (MA) McCollum Walsh (IL) Frank (MA) McCollum Speier Smith (WA) Miller (MI) Rokita Fudge McDermott Webster Fudge McDermott Stark Garamendi McGovern Speier Miller, Gary Rooney Garamendi McGovern Sutton Mulvaney Ros-Lehtinen West Gonzalez McIntyre Stark Westmoreland Gonzalez McNerney Thompson (CA) Green, Al McNerney Murphy (PA) Roskam Green, Al Michaud Thompson (MS) Sutton Whitfield Green, Gene Michaud Myrick Ross (FL) Grijalva Miller (NC) Tierney Thompson (CA) Wilson (SC) Grijalva Miller (NC) Neugebauer Royce Gutierrez Miller, George Tonko Thompson (MS) Wittman Gutierrez Miller, George Noem Runyan Hanabusa Moore Towns Tierney Wolf Hanabusa Moore Nugent Ryan (WI) Hastings (FL) Moran Tsongas Tonko Nunes Scalise Womack Hastings (FL) Moran Towns Heinrich Murphy (CT) Van Hollen Nunnelee Schilling Woodall ´ Heinrich Murphy (CT) Tsongas Higgins Nadler Velazquez Higgins Nadler Olson Schmidt Yoder Himes Napolitano Visclosky Van Hollen Himes Napolitano Palazzo Schock Young (AK) Hinchey Neal Walz (MN) Vela´ zquez Hinchey Neal Paul Schweikert Young (FL) Hinojosa Owens Wasserman Visclosky Hinojosa Owens Paulsen Scott (SC) Young (IN) Hirono Pallone Schultz Walz (MN) Hirono Pallone NOT VOTING—8 Holt Pascrell Waters Holden Pascrell Wasserman Honda Pastor (AZ) Watt Holt Pastor (AZ) Schultz Frelinghuysen Meeks Rangel Hoyer Payne Waxman Honda Payne Waters Giffords Olver Sanchez, Loretta Inslee Pelosi Weiner Hoyer Pelosi Watt Latham Pingree (ME) Israel Perlmutter Welch Inslee Perlmutter Waxman Jackson (IL) Peters Wilson (FL) ANNOUNCEMENT BY THE ACTING CHAIR Israel Peters Weiner Jackson Lee Polis Woolsey Jackson (IL) Polis Welch The Acting CHAIR (during the vote). (TX) Price (NC) Wu Jackson Lee Price (NC) Wilson (FL) There is 1 minute remaining on this Johnson (GA) Quigley Yarmuth (TX) Quigley Woolsey vote. Johnson (GA) Reichert Wu NOES—257 Johnson, E. B. Reyes Yarmuth b 1857 Adams Chandler Gowdy NOES—240 Aderholt Coble Granger So the amendment was rejected. Akin Cole Graves (GA) Adams Coffman (CO) Graves (MO) The result of the vote was announced Alexander Conaway Graves (MO) Aderholt Cole Griffin (AR) as above recorded. Altmire Costa Green, Gene Akin Conaway Griffith (VA) Amash Costello Griffin (AR) Alexander Cravaack Grimm AMENDMENT NO. 8 OFFERED BY MR. POLIS Austria Cravaack Griffith (VA) Amash Crawford Guinta The Acting CHAIR. The unfinished Bachmann Crawford Grimm Austria Crenshaw Guthrie business is the demand for a recorded Bachus Crenshaw Guinta Bachmann Culberson Hall Barletta Critz Guthrie Bachus Davis (KY) Hanna vote on the amendment offered by the Barrow Cuellar Hall Barletta Denham Harper gentleman from Colorado (Mr. POLIS) Bartlett Culberson Hanna Bartlett Dent Harris on which further proceedings were Barton (TX) Davis (KY) Harper Barton (TX) DesJarlais Hartzler postponed and on which the noes pre- Bass (NH) Denham Harris Bass (NH) Diaz-Balart Hastings (WA) Benishek Dent Hartzler Benishek Dold Hayworth vailed by voice vote. Berg DesJarlais Hastings (WA) Berg Dreier Heck The Clerk will redesignate the Biggert Diaz-Balart Hayworth Biggert Duffy Heller amendment. Bilbray Dold Heck Bilbray Duncan (SC) Hensarling Bilirakis Donnelly (IN) Heller Bilirakis Duncan (TN) Herger The Clerk redesignated the amend- Bishop (UT) Dreier Hensarling Bishop (UT) Ellmers Herrera Beutler ment. Black Duffy Herger Black Emerson Huelskamp RECORDED VOTE Blackburn Duncan (SC) Herrera Beutler Blackburn Farenthold Huizenga (MI) Bonner Duncan (TN) Holden Bonner Fincher Hultgren The Acting CHAIR. A recorded vote Bono Mack Ellmers Huelskamp Bono Mack Fitzpatrick Hunter has been demanded. Boren Emerson Huizenga (MI) Boren Flake Hurt A recorded vote was ordered. Boswell Farenthold Hultgren Boustany Fleischmann Issa Boustany Fincher Hunter Brady (TX) Fleming Jenkins The Acting CHAIR. This will be a 2- Brady (TX) Fitzpatrick Hurt Brooks Flores Johnson (IL) minute vote. Brooks Flake Issa Broun (GA) Forbes Johnson (OH) The vote was taken by electronic de- Broun (GA) Fleischmann Jenkins Buchanan Fortenberry Johnson, Sam vice, and there were—ayes 168, noes 257, Buchanan Fleming Johnson (IL) Bucshon Foxx Jones Bucshon Flores Johnson (OH) Buerkle Franks (AZ) Jordan not voting 7, as follows: Buerkle Forbes Johnson, Sam Burgess Gallegly Kelly [Roll No. 237] Burgess Fortenberry Jones Burton (IN) Gardner King (IA) Burton (IN) Foxx Jordan Calvert Garrett King (NY) AYES—168 Calvert Franks (AZ) Kelly Camp Gerlach Kingston Ackerman Blumenauer Castor (FL) Camp Gallegly King (IA) Campbell Gibbs Kinzinger (IL) Andrews Brady (PA) Chu Campbell Gardner King (NY) Canseco Gibson Kline Baca Braley (IA) Cicilline Canseco Garrett Kingston Cantor Gingrey (GA) Labrador Baldwin Brown (FL) Clarke (MI) Cantor Gerlach Kinzinger (IL) Capito Gohmert Lamborn Bass (CA) Butterfield Clarke (NY) Capito Gibbs Kline Carter Goodlatte Lance Becerra Capps Clay Cardoza Gibson Labrador Cassidy Gosar Landry Berkley Capuano Cleaver Carter Gingrey (GA) Lamborn Chabot Gowdy Lankford Berman Carnahan Clyburn Cassidy Gohmert Lance Chaffetz Granger LaTourette Bishop (GA) Carney Coffman (CO) Chabot Goodlatte Landry Coble Graves (GA) Latta Bishop (NY) Carson (IN) Cohen Chaffetz Gosar Lankford

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5332 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 Latham Paul Schweikert [Roll No. 238] Hayworth McCotter Ros-Lehtinen LaTourette Paulsen Scott (SC) Heck McHenry Roskam Latta Pearce Scott, Austin AYES—156 Heller McIntyre Ross (AR) Lewis (CA) Pence Sensenbrenner Ackerman Green, Al Pascrell Hensarling McKeon Ross (FL) LoBiondo Peterson Herger McKinley Sessions Andrews Grijalva Pastor (AZ) Royce Long Petri Herrera Beutler McMorris Shimkus Baldwin Hanabusa Payne Runyan Lucas Pitts Holden Rodgers Shuster Bass (CA) Hastings (FL) Pelosi Ryan (WI) Luetkemeyer Platts Huelskamp Meehan Simpson Becerra Heinrich Perlmutter Scalise Lummis Poe (TX) Huizenga (MI) Mica Smith (NE) Berkley Higgins Polis Schilling Lungren, Daniel Pompeo Hultgren Miller (FL) Smith (NJ) Berman Himes Schmidt E. Posey Price (NC) Bishop (NY) Hinchey Hunter Miller (MI) Schock Mack Price (GA) Smith (TX) Quigley Blumenauer Hinojosa Hurt Miller, Gary Schrader Manzullo Quayle Southerland Richardson Boswell Hirono Issa Mulvaney Schweikert Marchant Rahall Stearns Richmond Brady (PA) Holt Jackson Lee Murphy (PA) Scott (SC) Marino Reed Stivers Rothman (NJ) Braley (IA) Honda (TX) Myrick Scott, Austin Matheson Rehberg Stutzman Roybal-Allard Jenkins Neugebauer Brown (FL) Hoyer Sensenbrenner McCarthy (CA) Reichert Sullivan Ruppersberger Johnson (IL) Noem Butterfield Inslee Sessions McCaul Renacci Terry Rush Johnson (OH) Nugent Capps Israel Shimkus McClintock Ribble Thompson (PA) Ryan (OH) Johnson, Sam Nunes Capuano Jackson (IL) Shuler McCotter Rigell Thornberry Sa´ nchez, Linda Jones Nunnelee Carnahan Johnson (GA) Shuster McHenry Rivera Tiberi T. Jordan Olson Carney Johnson, E. B. Simpson McIntyre Roby Sarbanes Tipton Carson (IN) Kaptur Kelly Palazzo McKeon Roe (TN) Schakowsky Smith (NE) Turner Castor (FL) Keating Kildee Paul McKinley Rogers (AL) Schiff Smith (NJ) Upton Chu Kind King (IA) Paulsen McMorris Rogers (KY) Schwartz Smith (TX) Walberg Cicilline Kissell King (NY) Pearce Rodgers Rogers (MI) Southerland Walden Clarke (MI) Kucinich Scott (VA) Kingston Pence Meehan Rohrabacher Stearns Walsh (IL) Clarke (NY) Langevin Scott, David Kinzinger (IL) Peters Mica Rokita Serrano Kline Peterson Stivers Webster Clay Larsen (WA) Miller (FL) Rooney Sewell Labrador Petri Stutzman West Cleaver Larson (CT) Miller (MI) Ros-Lehtinen Sherman Lamborn Pitts Sullivan Westmoreland Clyburn Lee (CA) Miller, Gary Roskam Terry Cohen Lewis (GA) Sires Lance Platts Mulvaney Ross (AR) Whitfield Thompson (PA) Connolly (VA) Lipinski Slaughter Landry Poe (TX) Murphy (PA) Ross (FL) Wilson (SC) Thornberry Conyers Loebsack Smith (WA) Lankford Pompeo Myrick Royce Wittman Tiberi Cooper Lofgren, Zoe Speier Latham Posey Neugebauer Runyan Wolf Tipton Courtney Lowey Stark LaTourette Price (GA) Noem Ryan (WI) Womack Turner Crowley Luja´ n Sutton Latta Quayle Nugent Scalise Woodall Upton Cummings Lynch Thompson (CA) Levin Rahall Nunes Schilling Yoder Walberg Davis (CA) Maloney Thompson (MS) Lewis (CA) Reed Nunnelee Schmidt Young (AK) Walden Davis (IL) Markey Tierney LoBiondo Rehberg Olson Schock Young (FL) Walsh (IL) DeFazio Matsui Tonko Long Reichert Palazzo Schrader Young (IN) Towns Lucas Renacci Webster DeGette McCarthy (NY) West DeLauro McCollum Tsongas Luetkemeyer Reyes Westmoreland NOT VOTING—7 Deutch McDermott Van Hollen Lummis Ribble Whitfield Frelinghuysen Olver Sanchez, Loretta Dicks McGovern Vela´ zquez Lungren, Daniel Rigell Wilson (SC) Giffords Pingree (ME) Doggett McNerney Visclosky E. Rivera Wittman Meeks Rangel Doyle Michaud Walz (MN) Mack Roby Wolf Edwards Miller (NC) Wasserman Manzullo Roe (TN) Womack ANNOUNCEMENT BY THE ACTING CHAIR Ellison Miller, George Schultz Marchant Rogers (AL) Woodall Engel Moore Waters Marino Rogers (KY) Yoder The Acting CHAIR (during the vote). Eshoo Moran Watt Matheson Rogers (MI) Young (AK) There is 1 minute remaining in the Farr Murphy (CT) Waxman McCarthy (CA) Rohrabacher Young (FL) vote. Fattah Nadler Weiner McCaul Rokita Filner Napolitano Welch McClintock Rooney Young (IN) Frank (MA) Neal Woolsey NOT VOTING—10 b 1902 Fudge Owens Wu Garamendi Pallone Yarmuth Akin Meeks Sanchez, Loretta So the amendment was rejected. Frelinghuysen Olver Wilson (FL) NOES—266 Giffords Pingree (ME) The result of the vote was announced Gutierrez Rangel as above recorded. Adams Campbell Fincher Aderholt Canseco Fitzpatrick ANNOUNCEMENT BY THE ACTING CHAIR Stated against: Alexander Cantor Flake The Acting CHAIR (during the vote). Altmire Capito Fleischmann Mr. COFFMAN of Colorado. Mr. Chair, on Amash Cardoza Fleming There is 1 minute remaining in the rollcall No. 237 I inadvertently voted ‘‘yea’’ Austria Carter Flores vote. when I intended to vote ‘‘nay.’’ Baca Cassidy Forbes Bachmann Chabot Fortenberry AMENDMENT NO. 9 OFFERED BY MR. MARKEY Bachus Chaffetz Foxx b 1905 The Acting CHAIR. The unfinished Barletta Chandler Franks (AZ) Barrow Coble Gallegly So the amendment was rejected. business is the demand for a recorded Bartlett Coffman (CO) Gardner The result of the vote was announced vote on the amendment offered by the Barton (TX) Cole Garrett as above recorded. gentleman from Massachusetts (Mr. Bass (NH) Conaway Gerlach Benishek Costa Gibbs AMENDMENT NO. 10 OFFERED BY MR. RUSH MARKEY) on which further proceedings Berg Costello Gibson The Acting CHAIR. The unfinished were postponed and on which the noes Biggert Cravaack Gingrey (GA) business is the demand for a recorded prevailed by voice vote. Bilbray Crawford Gohmert Bilirakis Crenshaw Gonzalez vote on the amendment offered by the The Clerk will redesignate the Bishop (GA) Critz Goodlatte gentleman from Illinois (Mr. RUSH) on amendment. Bishop (UT) Cuellar Gosar which further proceedings were post- Black Culberson Gowdy poned and on which the noes prevailed The Clerk redesignated the amend- Blackburn Davis (KY) Granger ment. Bonner Denham Graves (GA) by voice vote. Bono Mack Dent Graves (MO) The Clerk will redesignate the RECORDED VOTE Boren DesJarlais Green, Gene amendment. The Acting CHAIR. A recorded vote Boustany Diaz-Balart Griffin (AR) The Clerk redesignated the amend- has been demanded. Brady (TX) Dingell Griffith (VA) Brooks Dold Grimm ment. A recorded vote was ordered. Broun (GA) Donnelly (IN) Guinta RECORDED VOTE Buchanan Dreier Guthrie The Acting CHAIR. This will be a 2- Bucshon Duffy Hall The Acting CHAIR. A recorded vote minute vote. Buerkle Duncan (SC) Hanna has been demanded. The vote was taken by electronic de- Burgess Duncan (TN) Harper A recorded vote was ordered. Burton (IN) Ellmers Harris vice, and there were—ayes 156, noes 266, Calvert Emerson Hartzler The Acting CHAIR. This will be a 2- not voting 10, as follows: Camp Farenthold Hastings (WA) minute vote.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5333 The vote was taken by electronic de- Goodlatte Lungren, Daniel Rogers (KY) The Acting CHAIR. This will be a 2- vice, and there were—ayes 165, noes 260, Gosar E. Rogers (MI) minute vote. Gowdy Mack Rohrabacher not voting 7, as follows: Granger Manzullo Rokita The vote was taken by electronic de- [Roll No. 239] Graves (GA) Marchant Rooney vice, and there were—ayes 173, noes 250, Graves (MO) Marino Ros-Lehtinen not voting 9, as follows: AYES—165 Green, Gene Matheson Roskam Griffin (AR) McCarthy (CA) Ross (AR) [Roll No. 240] Ackerman Gonzalez Pallone Griffith (VA) McCaul Andrews Green, Al Pascrell Ross (FL) AYES—173 Grimm McClintock Royce Baca Grijalva Pastor (AZ) Guinta McCotter Ackerman Garamendi Owens Runyan Baldwin Gutierrez Payne Guthrie McHenry Andrews Gonzalez Pallone Ryan (WI) Bass (CA) Hanabusa Pelosi Hall McIntyre Baca Green, Al Pascrell Scalise Becerra Hastings (FL) Perlmutter Hanna McKeon Baldwin Green, Gene Pastor (AZ) Schilling Berkley Heinrich Peters Harper McKinley Barrow Grijalva Payne Berman Higgins Polis Harris McMorris Schmidt Bass (CA) Gutierrez Pelosi Bishop (GA) Himes Price (NC) Hartzler Rodgers Schock Becerra Hanabusa Perlmutter Bishop (NY) Hinchey Quigley Hastings (WA) Meehan Schrader Berkley Harris Peters Blumenauer Hinojosa Reyes Hayworth Mica Schweikert Berman Hastings (FL) Polis Boswell Hirono Richardson Heck Miller (FL) Scott (SC) Bishop (GA) Heinrich Price (NC) Brady (PA) Holt Rothman (NJ) Heller Miller (MI) Scott, Austin Bishop (NY) Higgins Quigley Braley (IA) Honda Roybal-Allard Hensarling Miller, Gary Sensenbrenner Boswell Himes Reyes Brown (FL) Hoyer Ruppersberger Herger Mulvaney Sessions Brady (PA) Hinchey Richardson Butterfield Inslee Rush Herrera Beutler Murphy (PA) Shimkus Braley (IA) Hinojosa Ross (AR) Capps Israel Ryan (OH) Holden Myrick Shuster Brown (FL) Hirono Rothman (NJ) Capuano Jackson (IL) Sa´ nchez, Linda Butterfield Holt Huelskamp Neugebauer Simpson Roybal-Allard Carnahan Jackson Lee T. Capps Hoyer Huizenga (MI) Noem Smith (NE) Ruppersberger Carney (TX) Sarbanes Capuano Inslee Hultgren Nugent Smith (NJ) Rush Carson (IN) Johnson (GA) Schakowsky Cardoza Israel Hunter Nunes Smith (TX) Ryan (OH) Castor (FL) Johnson, E. B. Schiff Carnahan Jackson (IL) Hurt Nunnelee Southerland Sa´ nchez, Linda Chu Kaptur Schwartz Carney Jackson Lee Issa Olson Stearns T. Cicilline Keating Scott (VA) Carson (IN) (TX) Jenkins Owens Stivers Sarbanes Clarke (MI) Kildee Scott, David Castor (FL) Johnson (GA) Johnson (IL) Palazzo Stutzman Schiff Clarke (NY) Kind Serrano Chandler Johnson, E. B. Johnson (OH) Paul Sullivan Schrader Clay Kissell Sewell Chu Kaptur Johnson, Sam Paulsen Terry Schwartz Cleaver Kucinich Sherman Cicilline Keating Jones Pearce Thompson (PA) Scott (VA) Clyburn Langevin Shuler Jordan Pence Clarke (MI) Kildee Thornberry Scott, David Cohen Larson (CT) Sires Kelly Peterson Clarke (NY) Kind Tiberi Serrano Connolly (VA) Lee (CA) Slaughter King (IA) Petri Clay Kissell Tipton Sewell Conyers Levin Smith (WA) King (NY) Pitts Cleaver Kucinich Turner Sherman Cooper Lewis (GA) Speier Kingston Platts Clyburn Langevin Upton Shuler Courtney Lipinski Stark Kinzinger (IL) Poe (TX) Cohen Larsen (WA) Sires Crowley Loebsack Sutton Kline Pompeo Walberg Connolly (VA) Larson (CT) Slaughter Cummings Lofgren, Zoe Thompson (CA) Labrador Posey Walden Conyers Lee (CA) Smith (WA) Davis (CA) Lowey Thompson (MS) Lamborn Price (GA) Walsh (IL) Cooper Levin ´ Speier Davis (IL) Lujan Tierney Lance Quayle Webster Costa Lewis (GA) Stark DeFazio Lynch Tonko Landry Rahall West Courtney Lipinski Sutton DeGette Maloney Towns Lankford Reed Westmoreland Crowley Loebsack Thompson (CA) DeLauro Markey Tsongas Larsen (WA) Rehberg Whitfield Cuellar Lofgren, Zoe Thompson (MS) Deutch Matsui Van Hollen Latham Reichert Wilson (SC) Cummings Lowey ´ Dicks McCarthy (NY) Velazquez LaTourette Renacci Wittman Davis (CA) Luja´ n Tierney Dingell McCollum Visclosky Latta Ribble Wolf Davis (IL) Lynch Tonko Doggett McDermott Walz (MN) Lewis (CA) Richmond Womack DeFazio Maloney Towns Doyle McGovern Wasserman LoBiondo Rigell Woodall DeGette Markey Tsongas Edwards McNerney Schultz Long Rivera Yoder DeLauro Matheson Van Hollen ´ Ellison Michaud Waters Lucas Roby Young (AK) Deutch Matsui Velazquez Engel Miller (NC) Watt Luetkemeyer Roe (TN) Young (FL) Dicks McCarthy (NY) Visclosky Eshoo Miller, George Waxman Lummis Rogers (AL) Young (IN) Dingell McCollum Walz (MN) Farr Moore Weiner Donnelly (IN) McGovern Wasserman Fattah Moran Welch NOT VOTING—7 Doyle McIntyre Schultz Filner Murphy (CT) Wilson (FL) Frelinghuysen Olver Sanchez, Loretta Edwards McNerney Waters Frank (MA) Nadler Woolsey Giffords Pingree (ME) Ellison Michaud Watt Fudge Napolitano Wu Meeks Rangel Engel Miller (NC) Waxman Garamendi Neal Yarmuth Eshoo Miller, George Weiner ANNOUNCEMENT BY THE ACTING CHAIR Farr Moore Welch NOES—260 The Acting CHAIR (during the vote). Fattah Murphy (CT) Wilson (FL) Filner Nadler Woolsey Adams Bucshon Dent There is 1 minute remaining in this Aderholt Buerkle DesJarlais Frank (MA) Napolitano Wu Akin Burgess Diaz-Balart vote. Fudge Neal Yarmuth Alexander Burton (IN) Dold Altmire Calvert Donnelly (IN) b 1909 NOES—250 Amash Camp Dreier So the amendment was rejected. Adams Boustany Crenshaw Austria Campbell Duffy Aderholt Brooks Critz Bachmann Canseco Duncan (SC) The result of the vote was announced Akin Broun (GA) Culberson Bachus Cantor Duncan (TN) as above recorded. Alexander Buchanan Davis (KY) Barletta Capito Ellmers AMENDMENT NO. 11 OFFERED BY MR. DOYLE Altmire Bucshon Denham Barrow Cardoza Emerson Amash Buerkle Dent Bartlett Carter Farenthold The Acting CHAIR. The unfinished Austria Burgess DesJarlais Barton (TX) Cassidy Fincher business is the demand for a recorded Bachmann Burton (IN) Diaz-Balart Bass (NH) Chabot Fitzpatrick vote on the amendment offered by the Bachus Calvert Doggett Benishek Chaffetz Flake Barletta Camp Dold Berg Chandler Fleischmann gentleman from Pennsylvania (Mr. Bartlett Campbell Dreier Biggert Coble Fleming DOYLE) on which further proceedings Barton (TX) Canseco Duffy Bilbray Coffman (CO) Flores were postponed and on which the noes Bass (NH) Cantor Duncan (SC) Bilirakis Cole Forbes prevailed by voice vote. Benishek Capito Duncan (TN) Bishop (UT) Conaway Fortenberry Berg Carter Ellmers Black Costa Foxx The Clerk will redesignate the Biggert Cassidy Emerson Blackburn Costello Franks (AZ) amendment. Bilbray Chabot Farenthold Bonner Cravaack Gallegly The Clerk redesignated the amend- Bilirakis Chaffetz Fincher Bono Mack Crawford Gardner Bishop (UT) Coble Fitzpatrick Boren Crenshaw Garrett ment. Black Coffman (CO) Flake Boustany Critz Gerlach RECORDED VOTE Blackburn Cole Fleischmann Brady (TX) Cuellar Gibbs The Acting CHAIR. A recorded vote Blumenauer Conaway Fleming Brooks Culberson Gibson Bonner Costello Flores Broun (GA) Davis (KY) Gingrey (GA) has been demanded. Bono Mack Cravaack Forbes Buchanan Denham Gohmert A recorded vote was ordered. Boren Crawford Fortenberry

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Foxx Lewis (CA) Rivera RECORDED VOTE Emerson Kline Rigell Franks (AZ) LoBiondo Roby The Acting CHAIR. A recorded vote Farenthold Labrador Rivera Gallegly Long Roe (TN) Fincher Lamborn Roby Gardner Lucas Rogers (AL) has been demanded. Fitzpatrick Lance Roe (TN) Garrett Luetkemeyer Rogers (KY) A recorded vote was ordered. Flake Landry Rogers (AL) Gerlach Lummis Rogers (MI) The Acting CHAIR. This is a 2- Fleischmann Lankford Rogers (KY) Gibbs Lungren, Daniel Rohrabacher Fleming Latham minute vote. Rogers (MI) Gibson E. Rokita Flores LaTourette Rohrabacher Gingrey (GA) Mack Rooney The vote was taken by electronic de- Forbes Latta Rokita Goodlatte Manzullo Ros-Lehtinen vice, and there were—ayes 160, noes 264, Fortenberry Lewis (CA) Rooney Gosar Marchant Roskam not voting 8, as follows: Foxx LoBiondo Ros-Lehtinen Gowdy Marino Ross (FL) Franks (AZ) Long Roskam Granger McCarthy (CA) Royce [Roll No. 241] Gallegly Lucas Ross (AR) Graves (GA) McCaul Runyan AYES—160 Gardner Luetkemeyer Ross (FL) Graves (MO) McClintock Ryan (WI) Garrett Lummis Royce Ackerman Grijalva Pastor (AZ) Griffin (AR) McCotter Scalise Gerlach Lungren, Daniel Runyan Andrews Hanabusa Payne Griffith (VA) McDermott Schakowsky Gibbs E. Ryan (WI) Baca Hastings (FL) Grimm McHenry Schilling Pelosi Gibson Mack Scalise Baldwin Heinrich Guinta McKeon Schmidt Perlmutter Gingrey (GA) Manzullo Schakowsky Bass (CA) Higgins Guthrie McKinley Schock Peters Gohmert Marchant Schilling Becerra Himes Hall McMorris Schweikert Petri Goodlatte Marino Schmidt Berkley Hinchey Hanna Rodgers Scott (SC) Polis Gosar Matheson Schock Berman Hinojosa Harper Meehan Scott, Austin Price (NC) Gowdy McCarthy (CA) Schrader Hartzler Mica Sensenbrenner Bishop (GA) Hirono Granger McCaul Quigley Schweikert Hastings (WA) Miller (FL) Sessions Bishop (NY) Honda Graves (GA) McClintock Reyes Scott (SC) Hayworth Miller (MI) Shimkus Blumenauer Hoyer Graves (MO) McCotter Richardson Scott, Austin Heck Miller, Gary Shuster Brady (PA) Inslee Green, Gene McHenry Richmond Sensenbrenner Heller Moran Simpson Braley (IA) Israel Griffin (AR) McIntyre Rothman (NJ) Sessions Hensarling Mulvaney Smith (NE) Brown (FL) Jackson (IL) Griffith (VA) McKeon Roybal-Allard Shimkus Herger Murphy (PA) Smith (NJ) Capps Jackson Lee Grimm McKinley Ruppersberger Shuster Herrera Beutler Myrick Smith (TX) Capuano (TX) Guinta McMorris Rush Simpson Holden Neugebauer Southerland Cardoza Johnson (GA) Guthrie Rodgers Ryan (OH) Smith (NE) Honda Noem Stearns Carnahan Johnson, E. B. Gutierrez Meehan ´ Smith (NJ) Huelskamp Nugent Stivers Carney Kaptur Sanchez, Linda Hall Mica Huizenga (MI) Nunes Stutzman Carson (IN) Keating T. Hanna Miller (FL) Smith (TX) Hultgren Nunnelee Sullivan Castor (FL) Kildee Sarbanes Harper Miller (MI) Southerland Hunter Olson Terry Chu Kind Schiff Harris Miller, Gary Stearns Hurt Palazzo Thompson (PA) Cicilline Kucinich Schwartz Hartzler Mulvaney Stivers Issa Paul Thornberry Clarke (MI) Langevin Scott (VA) Hastings (WA) Murphy (PA) Stutzman Jenkins Paulsen Tiberi Clarke (NY) Larsen (WA) Scott, David Hayworth Myrick Sullivan Johnson (IL) Pearce Tipton Clay Larson (CT) Serrano Heck Neugebauer Terry Johnson (OH) Pence Turner Cleaver Lee (CA) Sewell Heller Noem Thompson (PA) Johnson, Sam Peterson Upton Clyburn Levin Sherman Hensarling Nugent Thornberry Jones Petri Walberg Cohen Lewis (GA) Shuler Herger Nunes Tiberi Jordan Pitts Walden Connolly (VA) Lipinski Sires Herrera Beutler Nunnelee Tipton Kelly Platts Walsh (IL) Conyers Loebsack Slaughter Holden Olson Turner King (IA) Poe (TX) Webster Cooper Lofgren, Zoe Smith (WA) Holt Palazzo Upton King (NY) Pompeo West Costa Lowey Speier Huelskamp Paul Walberg ´ Kingston Posey Westmoreland Courtney Lujan Stark Huizenga (MI) Paulsen Walden Walsh (IL) Kinzinger (IL) Price (GA) Whitfield Crowley Lynch Sutton Hultgren Pearce Walz (MN) Kline Quayle Wilson (SC) Cummings Maloney Thompson (CA) Hunter Pence Davis (CA) Markey Waters Labrador Rahall Wittman Thompson (MS) Hurt Peterson Davis (IL) Matsui Webster Lamborn Reed Wolf Tierney Issa Pitts DeGette McCarthy (NY) West Lance Rehberg Womack Tonko Jenkins Platts Landry Reichert Woodall DeLauro McCollum Johnson (IL) Poe (TX) Westmoreland Towns Lankford Renacci Yoder Deutch McDermott Johnson (OH) Pompeo Whitfield Tsongas Latham Ribble Young (AK) Dingell McGovern Johnson, Sam Posey Wilson (SC) Van Hollen LaTourette Richmond Young (FL) Doyle McNerney Jones Price (GA) Wittman Vela´ zquez Latta Rigell Young (IN) Edwards Michaud Jordan Quayle Wolf Ellison Miller (NC) Visclosky Kelly Rahall Womack NOT VOTING—9 Engel Miller, George Wasserman King (IA) Reed Woodall Schultz Brady (TX) Gohmert Pingree (ME) Eshoo Moore King (NY) Rehberg Yoder Watt Frelinghuysen Meeks Rangel Farr Moran Kingston Reichert Young (AK) Waxman Giffords Olver Sanchez, Loretta Fattah Murphy (CT) Kinzinger (IL) Renacci Young (FL) Filner Nadler Weiner Kissell Ribble Young (IN) ANNOUNCEMENT BY THE ACTING CHAIR Frank (MA) Napolitano Welch Wilson (FL) NOT VOTING—8 The Acting CHAIR (during the vote). Fudge Neal Garamendi Owens Woolsey Dicks Meeks Rangel There is 1 minute remaining in this Gonzalez Pallone Wu Frelinghuysen Olver Sanchez, Loretta vote. Green, Al Pascrell Yarmuth Giffords Pingree (ME)

NOES—264 ANNOUNCEMENT BY THE ACTING CHAIR b 1912 Adams Boren Coffman (CO) The Acting CHAIR (during the vote). Aderholt Boswell Cole There is 1 minute remaining in this Mr. CONYERS changed his vote from Akin Boustany Conaway ‘‘no’’ to ‘‘aye.’’ Alexander Brady (TX) Costello vote. So the amendment was rejected. Altmire Brooks Cravaack Amash Broun (GA) Crawford b 1917 The result of the vote was announced Austria Buchanan Crenshaw Ms. WASSERMAN SCHULTZ as above recorded. Bachmann Bucshon Critz Bachus Buerkle Cuellar changed her vote from ‘‘no’’ to ‘‘aye.’’ AMENDMENT NO. 12 OFFERED BY MR. KIND Barletta Burgess Culberson So the amendment was rejected. The Acting CHAIR. The unfinished Barrow Burton (IN) Davis (KY) The result of the vote was announced business is the demand for a recorded Bartlett Butterfield DeFazio as above recorded. Barton (TX) Calvert Denham vote on the amendment offered by the Bass (NH) Camp Dent The Acting CHAIR. The question is gentleman from Wisconsin (Mr. KIND) Benishek Campbell DesJarlais on the committee amendment in the on which further proceedings were Berg Canseco Diaz-Balart nature of a substitute, as amended. postponed and on which the noes pre- Biggert Cantor Doggett Bilbray Capito Dold The amendment was agreed to. vailed by voice vote. Bilirakis Carter Donnelly (IN) The Acting CHAIR. Under the rule, The Clerk will redesignate the Bishop (UT) Cassidy Dreier the Committee rises. amendment. Black Chabot Duffy Accordingly, the Committee rose; Blackburn Chaffetz Duncan (SC) The Clerk redesignated the amend- Bonner Chandler Duncan (TN) and the Speaker pro tempore (Mr. RI- ment. Bono Mack Coble Ellmers VERA) having assumed the chair, Mr.

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WESTMORELAND, Acting Chair of the States, totaling as much as $65 billion Gaza Strip. They target Israeli civil- Committee of the Whole House on the each year. ians all the time. Israel tries to protect state of the Union, reported that that These statistics highlight a critical its own citizens in going and destroy- Committee, having had under consider- public health challenge for the 21st ing the terrorist nests, but the terror- ation the bill (H.R. 910) to amend the century. For that reason, I introduced ists of Hamas build their nests and Clean Air Act to prohibit the Adminis- H. Res. 187, which recognizes the first their rockets and their munitions in trator of the Environmental Protection week of April as National Public heavily populated areas. So, if civilians Agency from promulgating any regula- Health Week, and it calls on all Ameri- die, it is their fault. tion concerning, taking action relating cans to take a proactive approach to The Goldstone Report is a lie. The to, or taking into consideration the addressing injuries in our country. I United Nations should kill it once and emission of a greenhouse gas to address urge my colleagues to cosponsor H. for all, and we should be leading the climate change, and for other purposes, Res. 187. way. and, pursuant to House Resolution 203, f f reported the bill back to the House A REVERSE ROBIN HOOD NO APPROPRIATED FUNDS with an amendment adopted in the Committee of the Whole. (Ms. BROWN of Florida asked and The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under was given permission to address the the Speaker’s announced policy of Jan- the rule, the previous question is or- House for 1 minute and to revise and uary 5, 2011, the gentleman from Texas dered. extend her remarks.) (Mr. CARTER) is recognized for 60 min- Ms. BROWN of Florida. Mr. Speaker, Is a separate vote demanded on the utes as the designee of the majority just yesterday, the Veterans Affairs’ amendment to the amendment re- leader. Committee held a hearing where the ported from the Committee of the Mr. CARTER. Thank you, Mr. Speak- Deputy Secretary of the Department of Whole? er. Veterans Affairs stated, because of the If not, the question is on the com- These are interesting times we live budget cuts that the Republicans are mittee amendment in the nature of a in, and as we sit here this evening, we advocating and a likely government substitute, as amended. have a lot of things that are kind of up shutdown, veterans’ pension checks The amendment was agreed to. in the air about what’s going to happen may not go out on time. to our country and about what’s going The SPEAKER pro tempore. The Believe it or not, this is not April question is on the engrossment and to happen to our ability to fund the Fool’s. government for the rest of our time. third reading of the bill. At the same time that the veterans’ The bill was ordered to be engrossed Unfortunately, we don’t have answers checks may arrive late, my Republican to that question. I wish we did, but we and read a third time, and was read the colleagues want to extend tax breaks third time. don’t. Yet there are some things that for millionaires and billionaires. Just are happening that we ought to talk The SPEAKER pro tempore. Pursu- last December, we were forced to vote ant to clause 1(c) of rule XIX, further about because the American people are on extending the Bush tax cuts for mil- concerned about what’s going on. In proceedings on this bill will be post- lionaires and billionaires, adding $700 poned. some ways, they’re confused. billion to the deficit. The Republican As we sit here today, we are looking f plan for the FY11 budget, as well as the at the possibility on Friday night, at HOUR OF MEETING ON TOMORROW new budget plan they just released, are midnight, of there being no more ap- nothing more than a reverse Robin Mr. CRENSHAW. Mr. Speaker, I ask propriated funds for the operation of Hood—taking from the poor and middle the government. Some people call that unanimous consent that when the class people to give huge tax breaks to House adjourns today, it adjourn to shutting down the government, but the rich. that’s the real term. We have no appro- meet at 10 a.m. tomorrow. You know, Mr. Speaker, you can fool priated funds that are available for the The SPEAKER pro tempore. Is there some of the people some of the time, operation of the government. objection to the request of the gen- but you can’t fool all of the people all There’s already the blame game tleman from Florida? of the time. The American people will going on up here. This blame game is There was no objection. wake up. confusing to most Americans, so I f f think it’s kind of important that we b 1920 THE GOLDSTONE REPORT IS A LIE start off by trying to explain what’s (Mr. ENGEL asked and was given going on up here. I’m going to give you H. RES. 187, NATIONAL PUBLIC a quick synopsis of what I think has HEALTH WEEK RESOLUTION permission to address the House for 1 minute and to revise and extend his re- gone on recently. (Ms. ROYBAL-ALLARD asked and marks.) Let’s start off with the fact that the was given permission to address the Mr. ENGEL. Mr. Speaker, about a Republicans fully funded the troops House for 1 minute and to revise and year ago, the United Nations passed and the rest of the Federal Government extend her remarks.) the infamous Goldstone Report. through FY 2011, which would be the Ms. ROYBAL-ALLARD. Mr. Speaker, Thankfully, this Congress on the floor 1st of October of this year, with H.R. 1 the first week of April is National Pub- of the House had a debate, and we re- in March. The Democrats refused that lic Health Week. jected the Goldstone Report. submission. The Republicans are ready This year’s theme, ‘‘Safety is No Ac- Well, guess what happened last week? again this week with a submission, cident: Live Injury-Free,’’ highlights Judge Goldstone said that his report that we will do today, to fully fund our the fact that, each year, nearly 30 mil- was erroneous. What did the Goldstone troops through FY 2011, and we’re lion people in our country are injured Report say? The Goldstone Report said ready to come back next week to de- severely enough to require emergency that Israel deliberately targeted civil- bate the rest of the budget. It seems room treatment. Of those injured, ians in Gaza. we’re hearing a message that the 150,000 die from these unintentional That has now been proven not to be Democrats will refuse. The House and and often preventable injuries, which true. Of course, the people in the U.N. Senate Republicans have a bill, H.R. are ranked among the top 10 causes of who bash Israel all the time will con- 1297, that simply guarantees that our death of those between the ages of 1 tinue to pretend that Judge Goldstone troops get their pay without any budg- and 44. In addition to the devastating didn’t repudiate his own report, but the et agreement. So far, the Democrats impact on families and communities, fact of the matter is he did. have refused. That’s a bill that was put these injuries account for 12 percent of The truth is that it is Hamas, the together by Congressman LOUIE GOH- annual medical spending in the United terrorist group, that took over the MERT and Congressman JACK KINGSTON.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5336 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 So I guess we can say that—or I this deal—which our side certainly them and they say, Holy cow. If this is would at least offer this as a submis- didn’t agree to. And actually doing this what my revenues are going to be, my sion—it seems that the Democrats so-called ‘‘democracy’’ inside of the income is going to be, I will never pay want to hold our fighting men and press instead of doing it by sitting off this student loan. I know that I women’s pay hostage so that they can down across the table or passing a bill heard it from hundreds of kids because continue their runaway Federal spend- that we can look at and examine and I used to teach Sunday school at that ing, because, really, the debate here in see if we can’t work out that bill and age. And they came back from college this House today and in the Senate, maybe get the comfort to do something saying, I can’t believe I’ve got this which is down the way from us, is: under normal course of business here much debt to pay off before I even start Are we going to continue to spend has not been available. Senator REID making a living. Well, that’s meager like drunken sailors, as usual, or are just says, Dead on arrival. Dead on ar- compared to what this Congress, if we we going to take a hard look at what rival. Keep trying. Dead on arrival. don’t change the way we do business, is this government is doing, and are we And what that requires is for the going to do to our children and our going to turn this ship of state to a House Members to—first off, what grandchildren. College debt is going to ship of state that is moving in the di- they’re really looking for us to do is to look like a walk in the park compared rection of saving the American people give up our principles because of to that kind of accelerated debt that’s from this runaway spending? threats of this government closing going to be placed on every human The President has submitted to us a down. I want to make it very clear, I being that calls themselves an Amer- budget proposal which carries in it al- have heard this ever since this debate ican. most $1.5 trillion of deficit spending. started. The leadership of the Repub- This is frightening. It’s more fright- What this House is trying to do is to licans in the House of Representatives ening when you think what this Con- change the mood and the attitude of has stated consistently, every time gress really needs to be about—and is where this Congress sits on the issue of JOHN BOEHNER steps up to the micro- about over here on our side, and I spending, and it’s time for us to take a phone, we do not want to shut down would hope on the other side, too—is long, hard look. I would argue, if peo- the government. And I will tell you, if finding jobs for the American people. Now, what do the job creators think ple could have taken the time and people are listening with a tight ear, when they see this? People who run watched the debate when we sent our they will find out that any conversa- tion about shutting down the govern- businesses, small businesses or large, first submission over to the Senate, they look at the projected future of the which was H.R. 1, they would have seen ment has always originated from the other side of the aisle where the Demo- economy and they make decisions as to an extensive debate that went on for why they hire people for very simple crats tell us, Watch out, they’re going hours and hours and hours on the floor reasons. You hire someone to advance to shut down the government. Watch of this House, with both sides partici- your business. You don’t hire them be- out, they’re going to shut down the pating, as to what we would and would cause you’re a nice guy. You don’t hire government. And we’re saying, No, not submit in the way of cutting cer- them because somebody gives you an we’re not. We’re trying to get you to tain amounts of spending, and there incentive to hire them. You hire them respond to us and let us know what you were multiple, multiple votes. because ultimately they are going to think is the right thing for us to do to b 1930 improve your productivity or your bot- try to do something about this over- tom line. That’s why labor is infused This was after this same idea had whelming debt, this overwhelming def- into anything that people do. Most peo- been vetted in other forms, like our icit, this gigantic leap in the debt that committee system. And yet when it ple who start out with their small busi- we’re going to face in the future. ness, it’s all them and maybe their was sent to the Senate it was dead on Just look at this chart. And you’ve family. And then when they hire that arrival, and the only thing they could seen it before. It’s been here. I’ve had it first employee, they don’t hire them offer as an alternative to the submis- here twice. Here’s 2010. So 2011 is about just because they like that kid across sion we gave them was $6 billion worth right there. Look at 2051. Look, 300 per- the street. They hire them because of cuts, which they even voted down. cent plus. And right now we are bounc- that first employee is going to make They didn’t even pass that. They ing around 100 percent here. That was their business do better. weren’t even willing to take their mea- during the Second World War, and this Now, if they’re looking at the accu- ger little $6 billion versus our $60-plus is where we’ve been ever since the Sec- mulated debt being put upon them by billion that we proposed to them. ond World War. But all of a sudden, this government and they look at what And everybody says, Where is the with the projections that President projected debt they have to deal with, give-and-take? Why don’t you work to- Obama has given us as to what he per- what they have to handle, where they gether, Congress? What’s wrong with ceives is the right path for America, think their revenues are going to be, you people? Well, when one side does a bam, that red line goes up and that red what solutions there are going to be for whole bunch of work, sends it over to block comes there, and that’s what our this debt in the way of tax increases, the other side, they say they don’t like children and grandchildren are going to they have to say, Whoa. Until some- it, they reject it, and we wait and we have to deal with. And we honestly be- body gets a handle on this stuff, we’re wait and we wait and we wait for them lieve that that takes this country and looking at a world that I’m not sure I to submit something back so we can changes the very nature of what makes want to hire anybody else in. discuss it, well, we’ve been waiting a America great because it wipes out any This is not rocket science, this is long time now and we still haven’t got- opportunity that possibly our children very simple. You hire to prosper. If ten it back. And we’ve gone through and our grandchildren can look forward you’re afraid prosperity is not going to two short-term CRs to give them the to when they are overwhelmed with be a result of the hiring, you don’t opportunity to go vote on some things debt. hire. in the Senate. I know they’re slow. I Have you ever heard the debate that I would argue—and I think it’s an ar- mean, we all know they’re slow, but we goes on among college parents and gument that’s made by many, many don’t even see the Democrat majority among college students when they economists and many, many editorial in the Senate even trying to bring graduate from college these days and writers—that the fear of the unknown things to the floor for a vote on giving they’re faced with $100,000 or $200,000 and the known that you think you see us an idea where they would stand on worth of debt to pay for these expen- by the way the government is pro- cutting spending. sive college educations we’ve got out ceeding keeps a lot of people from hir- Now, they love to do press releases there; and they’ve borrowed all the ing other folks. I think that’s common out of smoke-filled rooms and come money and how they are overwhelmed sense. I think anybody that knows any- back from White House meetings with with debt to the point where they look thing about business can realize that. the President and tell us, Oh, we’ve got at the salaries that are being offered So this looms over everybody.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5337 I saw a cartoon up here in Wash- does is it says to the people around us I had the opportunity a couple weeks ington. Many of you may have seen it. that there are some good ideas we ago to travel to Afghanistan, and I had It was a gigantic elephant’s behind sit- ought to try. the privilege there to visit with a ting on a scale, and it had written I’m joined with many of my col- young man who’s a lieutenant colonel across the back of it, ‘‘National Debt.’’ leagues here today, and I want to give in the Air Force. And I had met his And then on the very top of the back- them all an opportunity to talk. So let family earlier in the little town of side of that elephant was a Band-Aid me finish up at least this short part of Pocosin. And I was there for a pancake about the size that would wrap around talking here and let some other folks breakfast one morning there at a mid- my little finger stuck on there, and it talk. dle school, and I had a chance to see had an arrow right there that said, Today where we are is a very simple his family there, and I talked to his ‘‘Spending Cuts.’’ place. Are we going to fund our Depart- wife, and I met his children. And they The reality is what the Republicans ment of Defense and make sure our told me that their father was deployed have proposed in terms of spending troops get paid or are we going to be downrange. And I asked where he was, cuts as they relate to the gigantic mess so—with miniscule cuts and then con- and they gave me the information. And that we’re in is just that teeny, weensy tinue this debate so we could probably I said, Well, listen. I’m going to be little Band-Aid. And yet, this very try to get a resolution next week, or going there soon. I want to make sure meager proposal of changing the way are we going to reject out of hand—as that I have a chance to visit him. now HARRY REID is making public we spend money has been rejected out So I was able to go downrange and statements to say and the President, in of hand by the Harry Reid Democrats visit this fine lieutenant colonel. He’s Atlanta, supposedly said he would veto over in the Senate and by our col- doing a great job for this Nation. They this proposal—reject out of hand to say leagues in the House. And it is on every are under very trying conditions there we want our troops to suffer and we submission that we’ve made, on every in Afghanistan. I had a chance to don’t care whether they’re getting shot attempt we’ve made to negotiate, on thank him for his service and had a at. We don’t care. We’re ready to let every time we have said, so and so, how chance to also, when I got back, to call them get shot at and do without pay, about you all getting together and his wife and to thank her and her fam- men and women who have been risking come up with an alternative? And it’s ily for their sacrifice and for them just, no, you’re dead on arrival. We’ll their lives for over 10 years so that we can stand in this Chamber and talk. We staying back home here in anxiety as talk at the White House behind closed ought to be ashamed of ourselves to their father and husband served doors or we’ll talk in smoke-filled even consider not doing something. downrange. rooms or whatever—smoke-filled All of us ought to be wanting to do And folks, I cannot imagine being in rooms probably dates me a little bit, something to make sure that those a situation to look that lieutenant but there are still some smokers folks get their paychecks so their colonel in the eye and say, You know around here. spouses and children back home don’t something? Thank you for your serv- b 1940 suffer while they suffer the possibility ice. Thank you for your sacrifice. But we don’t think enough about what Okay. Now, where are we tonight? I of being killed or maimed on our be- you’re doing to even have the backbone think where we are tonight, I am opti- half. And that’s what this vote, this to stand and make sure that you get mistic about where we are tonight. And day and tomorrow, is all about. paid. the world may be sitting out there pes- The deadline is Friday night at mid- simistic, but I’m optimistic because, night. We’re asking our Senators to re- You know, how do you look at their consider rejecting out of hand what we first and foremost, I honestly believe family, that mother who’s at home, are sending over and consider it in that we’re going to do everything at those children whose father and hus- light of that momma back home with a least in our power to try to get us to band are downrange being deployed, child on her hip, telling the creditors, come up with a solution for this small and look them in the eye and say, Hey, We have no money to pay you. And I’m spending cut bill of $60-plus billion that listen, thanks for your sacrifice, but, sorry my husband can’t talk to you. we put forward, which, compared to by the way, we’re not going to be able He’s over in Afghanistan, in the moun- that elephant’s behind, is nothing. And to make a decision up here to make tains, trying to stay alive. Or he’s fly- we’re going to get it done before we run sure that you get the paycheck that ing missions into Libya, trying to stay out of time and we run out of appro- supports your family in the weeks to alive. So I think we really need to priations and the government starts to come? I mean, I cannot imagine how know that’s where we are in time, and we are letting ourselves get to that wind down. the other is stuff we’re going to be But I’m more optimistic than that, point. talking about. Mr. Speaker, there is a lack of for- because I am very optimistic that the Whoever would like to step up, grab fact that PAUL RYAN and the Budget titude to make sure that we get this the microphone, and let’s talk. done and get it done now. Just as Rep- Committee of this House have put for- My friend from Virginia, step up. Tell resentative CARTER said, the time is ward a proposal that is like you ought us what you’ve got to say. to have the Hallelujah Chorus in the Mr. WITTMAN. Well, thank you, now. This needs to get done. We have a background when they introduced it, Representative CARTER. I thank you deadline of Friday. This Congress needs singing ‘‘Hallelujah.’’ Because it was fi- and Representative GOHMERT for your to act, get this done. nally a budget that wasn’t the same leadership in putting forth a bill to And also, as you pointed out, we have old budget—how can we jack every make sure we address this issue of a spending problem here. It is clear spending level up, and how can we fig- military pay for our men and women in that spending is absolutely out of con- ure out a way to raise some taxes to uniform. trol. As Mr. CARTER said, clearly there make that work? No. It’s a budget that And, you know, Mr. Speaker, we is a spending issue we need to address. says this budget is going to be about shouldn’t even be here tonight. We We’re on an unsustainable path. This prosperity and preserving the America should be having before us a spending has to be done. This decision has to be we love for our generations to come. decision that doesn’t call into question done on time. If that’s not something as we come whether or not we can pay our men and The American people expect leader- up on this deadline—which should women in uniform. Now, that’s abso- ship out of this Congress. They expect make us nervous, and it makes me lutely reprehensible. You know, it’s leadership out of both sides. As the nervous. But the big picture is our clear that this spending discussion Speaker said, we can’t continue to ne- Budget Committee has put a revolu- needs to be focused, and it needs to be gotiate with ourselves. We have to tionary budget out for discussion. And focused on making sure that we’re get- have folks on the other side of the aisle that budget is worth joy on behalf of ting our troops paid, bottom line, pe- that are willing and able to say yes, the American people, because what it riod. we’re going to get these things done;

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5338 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 there’s at least a counterproposal, in- pass the budget. I am counting on I am one of the new Members of Con- stead of saying no, no, no. There has to you.’’ gress that has first come here tonight, be more to this than ‘‘no.’’ Folks, there are so many people out this is the first opportunity I have had Our goal is to cut spending and re- there that are counting on us, counting to give a Special Order. And I cannot duce the size of government. It’s not to on Congress to stand up and do what is think of a better reason to be here to- shut it down. I know you hear out needed to be done to make sure that night than to make sure that our mili- there people say, oh, you know, they our military families get paid, to make tary men and women have the oppor- want to shut it down. They want to sure that we adopt a budget, to make tunity to receive pay for their hard shut it down. That’s the last thing we sure that we get this country on the work and for their service to our coun- want to do. We don’t want to shut it right track to reduce spending. The try. down. We want to make sure that our time has come for us to get that done. I think it’s extremely important that military gets paid. That’s the bottom You know, our military members out we focus on all of the important things line. And we have to get this thing there do a fantastic job for this coun- that this Congress is doing and the im- done as soon as possible. try. It is unconscionable to even think portant things that this Republican My question is: Is Congress in Wash- about them worrying about not getting Conference in the House is doing, be- ington, D.C., so out of touch that we paid, or for folks downrange to be cause we recognized that from the very don’t get it, that we don’t get what the thinking about what’s happening here beginning we took every action pos- American people have sent us here to in Washington rather than being able sible to ensure that our military could do, what they want us to accomplish? to focus on their mission downrange. get paid. We started with our first bill Do they expect from us that we’re Folks, we need to get this done. Our that addressed the spending problems going to forgo a budget and not ensure military families serve this Nation that this country has, H.R. 1. We that our military families get paid? I with honor, with distinction, and with- brought it to the House floor. We think that’s not the case. out question. And they are there per- changed the way that this House does They want to make sure we act, and forming flawlessly. They don’t have to, business by having an open process on I want to make sure that we act and I think, be expected to have that un- the House floor. Hundreds of amend- make sure that we get things done. certainty about what’s going to happen ments were offered. And that bill en- And I think we ought to bypass the 72- here in the future. sured that paying our military was a So I want to make sure that this bill hour review rule and get this done out priority from us. It got the job done. It gets done and that we take away any of respect for our men and women in did the work that the previous Con- worry from our military families or uniform. gress did not do. folks serving downrange. Our military Again, I want to thank my col- The previous Congress did not choose families need to be worrying about the leagues, Mr. CARTER and Mr. GOHMERT, to make that a priority. They did not everyday necessities of life, and not choose to wrap up the business of fiscal for their leadership in bringing this bill have to worry about getting paid and year 2011. They left that for us to do. forward to ensure that our military get to make sure they can meet those ne- Then they left us in a big hole as far as their pay. cessities. And our men and women the debt that this country is accumu- b 1950 downrange need to be focusing on the lating. We came in as the adults at the mission that they have at hand. I am a proud cosponsor of that act table. Just as Mr. CARTER said, our military because I think it is the responsible When our President talks about hav- way to go about getting things done. I and their families have been to war now for almost 10 years, some of them ing adult conversations addressing the was also eager to join 80 of my col- spending in this country and address- leagues in signing a letter to Senator on their fifth, sixth, and seventh de- ployments. You know, we need to keep ing the budget resolution that we need Majority Leader HARRY REID to let him in mind the sacrifices that those fami- to come to, the only ones who have know that this needs to get done: We lies make and know the great job that been doing that from the very begin- need to pay our men and women in uni- they are doing, the hard work that ning have been the Republicans in the form. they put forward. It’s time for us to House. We came with H.R. 1, with real You know, in my district, in what we show the same resolve here and get spending cuts that would put us on a call America’s first district, we have a this budget done and make sure that much better path, that funded our proud tradition of military there, with we without question assure that our military. Because we wanted to take seven military installations and a military families are paid, that our care of them. We recognized that their number of people there that serve this men and women that serve downrange families were at home while their country and are now retired or in ac- get the respect that they deserve from spouses and family members were at tive duty. We have a great military this body here in Congress. war, and they were trying to make presence there. So Mr. CARTER, I thank you for your ends meet while that was going on. I got a call the other day from a leadership. Mr. GOHMERT, I thank him I will tell you that I feel that the mother in Stafford County. And she for his leadership in making sure that Democrats are holding our troops hos- said, ‘‘My husband is an active duty this is first and foremost in our minds tage, that they truly are. Because they military officer. And if I understand about ensuring that our military gets choose to do that so they can spend the news correctly, if this budget isn’t paid. more money. They choose to hold them passed by April 8, 2011, the military With that, Mr. CARTER, I yield back. hostage and their pay hostage because will be expected to work and will not Mr. CARTER. And I thank you very they want to help this country accu- be paid until the budget has been much for those comments. I want to mulate more debt. And it’s unaccept- passed. My family will struggle. And I point out that I have here the Ensuring able. You know, we voted to fully fund am concerned about how I am going to Pay for Our Military Act of 2011. Mr. their pay, to fund our troops through pay my mortgage and feed my family. GOHMERT is the cosponsor of this, along fiscal year 2011 through H.R. 1, and we If the military is asked to work with- with JACK KINGSTON. I was worried are still dedicated to that, and still out pay, you will be causing severe about LOUIE. He was here a minute ago. pursuing that because it’s a very high stress on our families. As a spouse who He left. I am going to recognize KRISTI priority for us. has endured my husband’s deployment NOEM to discuss with me, and I will I will tell you that the Department of in Iraq four times, I know the thought yield whatever time she needs, and Defense is allowed to continue oper- of not getting paid would be making then we will get Mr. GOHMERT for a ations without appropriations because me sick. I also know that I would not minute and hear what he has to say. of its authority to protect the national be able to talk to my husband about Mrs. NOEM. I appreciate that, and security. But I will also tell you the this concern because I wouldn’t want thank the gentleman for yielding to military personnel are scheduled to re- him to worry. Please work hard and me. ceive their paychecks on April 15. Now,

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And that is not right. people on the street about what does it But even if I didn’t, I am an Amer- When you look at people who are at mean when the dollar is devalued? ican; and I recognize the importance of war overseas, standing on that wall so Well, what that means is that maybe having them there to protect us and to we can sleep safely in our beds at night that loaf of bread that that military protect our future, and I am grateful and we are telling them we are not wife needs to go buy next week when every single day for the sacrifice and going to pay them for doing that, then she only has half of a paycheck, well, service that they offer to us. It is com- that is truly a travesty, and a travesty someday instead of costing her $2 it pletely inappropriate for us to play pol- that we should not allow to happen. will cost her $4. Maybe it will cost her itics with military pay. And if this shutdown were to continue $6. We owe these men and women at and to continue on and on and they So we are telling her not only are we least some financial stability in return would not be paid, we cannot do that to putting you in the situation where you for all of their service that they pro- their families. are going to be faced with high infla- vide to us, to our children and to our People talk about the debt that this tion, that you are going to be faced country. country accumulates. And they recog- with a dollar that’s not worth as much Mr. CARTER. Thank you, Congress- nize the fact that it is a big deficit, as it used to be because people in Wash- woman. that it continues to accumulate. The ington, D.C. couldn’t have some dis- I want to say that I agree with every- way that I talk about it back home in cipline in their spending habits, thing you have to say. As you were South Dakota is that months ago, couldn’t make the tough decisions; speaking, I was thinking our soldiers when I was making the analogy and well, on top of all of that, then we are are not asking for somebody to excuse talking about the fact that our country going to keep your spouse’s pay. On top their mortgage, not asking for some- borrows 40 cents out of every dollar of that we’re not going to pay him even body to come bail them out. They are that it spends, well just in the few though he is risking his life for our just asking to be paid for the dan- short months since I was talking about country. It absolutely is wrong. And it gerous blood, sweat and tears work that back in October and November, absolutely needs to stop. that they are doing right as we speak now it’s we borrow 42 cents out of Mortgages don’t stop. Bills don’t today. Right now, somebody is being fired every dollar. I used to tell my son you stop. Car payments don’t stop. How do on somewhere in the world in an Amer- owe $42,000. You are responsible for we expect these men and women to ican uniform. It’s a frightening thing that. That’s the amount of our Federal continue paying for their everyday liv- to think about, but it’s true, and they debt that you are responsible for. Well, ing expenses when they have no pay- just want to have the paycheck they just in a few short months now he is re- check? In South Dakota we have an Air earned. And their families back home sponsible for almost $46,000. You know, Force base, Ellsworth Air Force Base. that boy is 8 years old. That boy is 8 want to be able to stay current on their b 2000 years old, and he owes that kind of bills, and they are not asking for these money because of the irresponsibility We have 1,000 civilians that work grandiose bailouts that this body has of this government and because of the there and over 3,000 military personnel. become famous for. They are just say- irresponsibility of the previous Con- Those people are extremely special to ing, give me my paycheck. Now, this is not hard stuff. I want to gress and the Congresses before that me. Not all of them grew up in South recognize my good friend from Texas, that did not get this spending under Dakota, but they are all living there in Congressman GOHMERT. He was the au- control. South Dakota, and they are all serving That’s what we are trying to address this country. And I think that a gov- thor of this bill. I think we got it done today. And that’s why we are making ernment shutdown not only affects well. Soldiers, might even be some of sure we are addressing the spending these individuals, but it also is going to impact that local economy where mine, Fort Hood. cuts, we are being much more respon- You started the ball rolling. We have they are trying to raise their children sible in what we are proposing, and we been talking about this for a long time. and raise their families. are also making it a priority to make If we are getting close to this deadline, Two Ellsworth Air Force Base B–1 sure that our military gets funded. You we have got to get the soldiers paid. bombers were recently involved in the know, I think that it is absolutely dis- I want to recognize LOUIE GOHMERT, Libyan military strikes. Missions like couraging to see that we are even hav- who introduced this, along with JACK Odyssey Dawn are likely to continue ing to pursue the priority of funding KINGSTON. I joined with them on this. our military during these times, and whether the government shuts down or Now our leadership is offering an al- that it is being held hostage literally not. These missions are risky, they are ternative submission, which would through these discussions that have costly, they are vital for our national fund the entire DOD, which is an even gone on. It doesn’t seem reasonable or security. better idea because of all the contract fair to ask our military men and Doesn’t it seem unreasonable that authority and all the things that go on women to have to worry about the the Democrats here in Washington, that get hurt by not having an appro- types of situations that they would be D.C., would put those servicemen and priations finished up with. And we are put in. -women in harm’s way to protect our hopeful, although we are hearing sig- Many of them live paycheck to pay- freedoms and then not compensate nals, that it’s going to be dead on ar- check just like a lot of families are them for the work that they have done rival, and they are not going to tell us during this recession in America right simply because they want to spend what they want us to do. now. They are having a tough time. more money and they want to put this I will submit this to you, and then I How do they make their car payment? country further into debt? will let you comment, LOUIE, and that How do they make their housing pay- These are all the reasons why I have is, I would submit, if anybody is shut- ment? When they are out there stand- fought on every CR to make sure our ting down the government, it’s the ing and serving our country, we are military men and women get paid, why Democrats in the Senate, not the Re- telling their families that we are put- we are continuing to do that, and I publicans in the House. ting their ability to even pay their thank you for bringing this bill. It is I yield to the gentleman from Texas bills in jeopardy. critical if for no other reason I have (Mr. GOHMERT). Then you look at the situation that had family members that have served, Mr. GOHMERT. Thank you. we are accumulating more and more I have had friends that have served, Your comments also point to another debt in this country. That is only going friends that have been overseas and aspect, not only your caring about

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5340 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 America, caring about those that are week here in the House. In response, harm’s way, he takes time out of his fighting for us and your desire to fight there has been nothing passed in the golf round to send more people into for those here in Washington who are Senate. Libya into harm’s way. And to be as- fighting for us, but it also shows a People that know the rules know sured today that, hey, we really are great deal about your humility, be- that the Senators, any one of them— going to get around to turning every- cause you and I both know you have and of course it would have to be a thing over to NATO, and it won’t be been working on this issue just every Democrat that would have any chance us—my friends, 65 percent of NATO is bit as long and as hard as I have, and of getting something passed, because American military. It’s not a lot of yet you are giving JACK and me great the Democrats under HARRY REID are comfort to me. But the least we could credit and I appreciate that. in the majority, so a Democrat, any do is to make sure that our military, But the truth is you have done every Democrat down there, could take the and that includes Reserves, and so that bit as much work, perhaps more, as bill, the bills that we have done, the the military knows it includes all pay, JACK and I have and the cosponsors we CRs that we have done. They could all allowances, you’re not going to have here. take those and do as they did in miss anything if the Senate will just do But, you know, things here in Wash- ObamaCare. right by them. We have a standalone ington obviously don’t get done in a You know, that was, boy, here again, bill that could be passed in the next vacuum, and it means so much when it’s the military. day or two. It is House bill 1297. It we have people like KRISTI, ROB, NAN, The ObamaCare bill was a bill to as- could be done. folks that are out here. We got over sist with a tax credit for first-time But as my friend from Round Rock 100, I am not sure how many over 100 homebuyers who were veterans. And has pointed out, our leadership, Speak- now, cosponsors on the bill. These are what did the Senate do with that bill? er BOEHNER, has brought a CR for 1 people that want to make sure that the Since it had to originate in the House week. He didn’t want to do that. We military is not used as pawns in this under the Constitution, they took it, know he didn’t. But he was concerned game. and in their bill they said they are tak- about the military. And it funds all as- A lot of us haven’t been thrilled ing the first-time homebuyer bill for pects of the military through the end about the short-term CRs, but it does veterans, stripping out every word and of the year. Then we have this fallback point out one thing, that the leader- substituting, therefore, about 2,700 or bill that if the Senate is doing as ship of the Republicans in the House 2,800 pages of their ObamaCare bill. they’re indicating—oh, it’s dead on ar- are committed and have paid the price Well now, if they don’t agree with rival. We’re not even going to pick it of being criticized by people like me for what we have done, they could have up and put our ideas and pass it doing short-term CRs. They are so taken any one of these CRs that we through the Senate—then obviously committed to trying to do everything passed and said we don’t like it; it’s the evidence is clear, Judge. It seems they can, especially Speaker BOEHNER. dead on arrival. They could have taken to me the evidence is all in, and it’s He has really gone as far as humanly those, stripped out every word just like very clear: They want a shutdown. possible to do all that he could to avoid they did for the veterans, to count They think they win politically by a shutdown, making it clear he doesn’t every word that helped the veterans forcing a shutdown and then blaming want that. and substituted, therefor, their disas- the Republicans in the House. It’s not Some folks have been critical that he trous bill in ObamaCare. only not the Republicans in the needed to stand up and be ready to do They could have done that with their House’s fault. It’s also clearly them so. He has made it clear he doesn’t own CR, what they were going to fund, playing games with our military, with want one; he doesn’t believe it’s good what they wanted to see happen. Not the vital function in this country, and for America. one person down there in the majority it isn’t right. And so I know my friend from Round of the Senate has taken the leadership I thank you for yielding. I do thank Rock, Texas, sitting in Georgetown as to do that. you so much. I know we’ve got several a judge for so many years, often looked Some have said, well, why isn’t the of our critical key sponsors here on the at things like I do, as another former White House involved in what’s going House floor. And I am so grateful for district judge. You look at evidence to on in the Senate? Why aren’t they the leadership. We’re talking freshmen. bear things out. showing some leadership down there? We’re talking people that haven’t been Who is at fault? The American people I heard someone say, well, that’s the here all that long, and yet they have are going to be looking around. Who is White House. It’s a separate branch. grabbed this issue and have shown such at fault? The Vice President of the country is leadership. I appreciate you so much. Well, you look at what’s happened, and has been the President of the Sen- Thank you, Judge. and the evidence is quite clear. You ate. He has not only a vested interest; Mr. CARTER. Reclaiming my time. have a group here, a majority in the he is the presiding officer of the Sen- Let me point out, as Mr. GOHMERT said, House that has done absolutely every- ate. those of us who sat in a courtroom for thing possible to try to placate the We have heard over and over from years, in my case almost 21 years, you Senate. this President that JOE BIDEN is going want to look at the evidence to see We passed lots of bills, trying to get to make sure things are done right. what the evidence shows. And just very the funding done. And why was that? And yet what did he do when the going quickly, the evidence shows first: How Well, the evidence is clear. The Demo- got tough? Maybe he is tough because do we get to a shutdown for failing to cratic majority last year refused to do he got going to Russia, and he dis- fund the government? Well, you start what was required and pass a budget. appeared. with last year when the Democrats No budget passed, no appropriation to were in charge of the House, the Sen- fund things. b 2010 ate, and the Presidency. They passed Why? You can only speculate about When the going got tough for the no budget and not one single appropria- that. It was an election year. Perhaps President, he went to Brazil and played tions bill, although I’m on the Appro- there was concern that if people really golf and then issued an order from priations Committee. They certainly saw the total amount that they were down in South America sending troops could have. They just chose not to. going to be appropriating in all these into battle. And we had a former Presi- They chose not to. areas that it might have even been dent Bush who quit playing golf. He They chose the date that they would worse in the election in November. said it just didn’t feel right to know have a CR go into the next term of The people saw through, and the ma- our troops were in harm’s way and I Congress when it had already lost and jority switched here in the House. So would be out on some golf course. knew how many of these wonderful here we are with these bills that have This President not only doesn’t have people were going to be here replacing been filed, pushing another bill this a problem playing golf with people in them the next time they showed up in

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5341 the House, so they put this thing all of a third-generation marine, it is deep- properly. Indeed, that is why I ran for the way to March, which they knew ly troubling to me that we are even this office. I am proud to be a Repub- was going to put us under a tremen- having to discuss how and if our men lican tonight because we have proposed dous amount of pressure to get some- and women in uniform are going to be a path toward fiscal stability that thing to do to fund the government. compensated. would keep the government open. And we made diligent attempts to fund A failure of leadership, Mr. Speaker, It has been pointed out, rightfully so, the government. And it didn’t even last has left us in this precarious position, the Senate has failed to move on that long enough for HARRY REID to say and it is deeply troubling to me that proposal, preferring apparently to ‘‘dead on arrival’’ when it got to the we are having to address it tonight, the allow the government to close and not Senate. confusion that’s out there. Just today, pay our men and women in uniform. So let’s see. They didn’t do their job. the White House said that military per- That is not acceptable. We must They didn’t do their budget. They set sonnel would not be paid. achieve stability and funding. I stand up the CR deadline. We met the CR Now, Mr. Speaker, this is failed lead- ready to work with any Member on the deadline with a way to fund the gov- ership. How could it possibly be that opposite side of the aisle here, and I ernment for the rest of the year for all the message from our Commander in know my colleagues do as well. departments. They rejected it out of Chief is that it’s very likely if this This is so important. We must do hand without even coming back with shutdown occurs that our men and what is right. The Senate must act. I any alternative of any substance. They women in uniform would not be com- truly believe that the House has met offered a $6 billion cut and spending as pensated? its responsibilities, starting with H.R. usual under the Obama budget. And This week, a senior Department of 1. We have worked every day to resolve then now we’ve given two extensions to Defense official said that our troops this. We must pass a defense appropria- try to talk, and each time dead silence. would be paid for a week but not for 2 tions bill for the sake of our troops and No comment. If there’s a comment, it’s weeks. Just yesterday, the Pentagon our national security. I encourage every American to let to the press. But to us, they’re treating spokesman said that the Department their Senators and our President know us like a stepchild. And then they’re had not issued any direction to the that they want our troops paid on wanting to shut down the government services about implementing a shut- time. I thank the gentleman for this when we say, at least let’s protect our down. And he really skirted the ques- time. I appreciate it. soldiers. Let’s take care of our troops. tion of how a shutdown would affect Before we’ve even got it over there Mr. CARTER. Reclaiming my time, I the pay of our servicemembers. now yield to the gentlewoman from tomorrow, HARRY REID and the Presi- Mr. Speaker, this lack of clarity is New York (Ms. HAYWORTH). dent have both made a statement to- not only unnecessary, it’s unconscion- night. ‘‘Dead on arrival,’’ HARRY REID Ms. HAYWORTH. I thank you for able. Brave men and women—Ameri- says. The President says, ‘‘I will veto your commitment and dedication. I cans—are around the globe, and they it.’’ He would veto funds—that’s what have the privilege of serving the 19th are putting their lives at risk fighting he supposedly said in Georgia. Now I Congressional District in New York, for our freedom and our way of life. I may be out of school, I didn’t hear it, and the U.S. Military Academy at West just got back from a trip to Afghani- but I was told he did, that he said, I Point is in my district. We have sent, stan, and it’s just unbelievable to won’t accept what Mr. BOEHNER is as we all know, thousands of young think that a young corporal in going to send to us. I will reject it. men and women to join and to sustain That’s the bill that funds our troops. Helmand province would have to speak the long gray line. Their talents and I think we’ve got other great people. or somehow communicate to his wife their commitment are made to our Na- Mr. GOHMERT. Judge, would you about whether he is going to get paid tion in order to defend us from threats yield for a question? or not. from without. We owe them that same Mr. CARTER. Yes. Our men and women in uniform de- dedication and commitment and sac- Mr. GOHMERT. Since we know it serve our unwavering support from this rifice and discipline here in the Con- would do no good for a Republican in Congress. If our military is not paid, gress, in the House, and in the Senate. the Senate to take a CR and bring it to Mr. Speaker, I believe that Members of And our President owes it to them and the floor of the Senate, or file it, but Congress and the Commander in Chief to the children of America whose fu- we also know that any Democrat in the should not be paid, not one nickel. My ture is at risk from within. majority down there could do that and office gets calls every day from spouses We were elected in that great wave in at least try to get over some Demo- of our military. They are concerned November 2010 because the American crats, Judge CARTER, what does it tell and understandably so. people told us we could no longer afford you that not a single person in the ma- Let’s be clear on this, Mr. Speaker. to continue on a path of enormous defi- jority has bothered to usher forth and The genesis of this crisis that we’re in cits and mounting debt. It is difficult file a CR of any kind to respond or to is because the Democratic leadership to do what we are called on to do, and take ours? modify it? What does it tell last year had the Presidency, had the that presumably is why the Senate has you? Senate and had the House, and failed to so resisted the lead that we have of- Mr. CARTER. It tells me that they pass a budget. Not only was this a fail- fered them with the passage of a con- are marching in route step to the com- ure in leadership; I truly believe it’s tinuing resolution to compensate for a mands of the majority leader, HARRY nothing less than an abdication of the budget that was never passed for this REID. And unfortunately, we didn’t get responsibility that was entrusted to fiscal year by the 111th Congress. It is elected to march route step in that them by the American people. difficult to say no to certain types of fashion. We got elected, Senators in- So here we are debating last year’s spending that have become the usual cluded, to make decisions that are good budget. And as a result, we have this mode of behavior by the Federal Gov- for the American people. climate of uncertainty. And as an en- ernment, but that is what we are called SCOTT, my friend from Virginia, I trepreneur, I know that it’s holding on to do. will recognize you for the amount of back job creation. As a result, we are And what we do pales in comparison time you need. We have 9 minutes. operating under a continuing resolu- with what the men and women who put Mr. RIGELL. Thank you so much. I tion which each and every service chief themselves in harm’s way around the appreciate the gentleman yielding, has said is hurting the readiness of our world must do every day. What they Judge CARTER, for your leadership on military. sacrifice must be emulated by us in this topic and also Representatives this small way. We must join together b 2020 GOHMERT and KINGSTON for their lead- in the House, and we must be joined by ership on this. I truly believe we are a nation at se- the Senate to pass this bill that will I will say this: As the son of an Iwo rious and increasing risk because of fund our troops through the end of fis- Jima veteran and as the proud father our failure to manage our finances cal year 2011 and will allow us the time

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5342 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 that we need to bring everyone to- of certain resolutions reported from guage and unacceptable cuts, to the gether, to bring the Senate and the the Committee on Rules, which was re- American people, not to the Demo- President on board so that they too ferred to the House Calendar and or- crats, but to the American people, then will have that discipline that they need dered to be printed. we find this gridlock. What we want to so that we can do what is right for f do really is talk about jobs. America’s future and so that we can Joining me tonight are two wonder- THE DEFICIT AND JOBS get on to thinking, as we must, about ful legislators. One is imported from the budget for 2012 and beyond. The SPEAKER pro tempore. Under Detroit, and another one from the I thank you, Judge CARTER, for your the Speaker’s announced policy of Jan- manufacturing capital of the world. uary 5, 2011, the gentleman from Cali- leadership in ensuring that our troops b 2030 are properly cared for and for your fornia (Mr. GARAMENDI) is recognized leadership in this enormous and crucial for 60 minutes as the designee of the I want to start with an under- fight for our Nation’s future. minority leader. standing of why we are where we are. I Mr. CARTER. I don’t know how much Mr. GARAMENDI. Mr. Speaker, we know my colleagues will help me on time is left, but I yield to my good intend tonight to talk about the def- this. friend, the gentlewoman from Ten- icit, solutions to the deficit, where it First of all, the Democrats have been nessee (Mrs. BLACK). came from and what can be done about about creating jobs, from the stimulus Mrs. BLACK. Mr. Speaker, I stand it in the context of creating jobs here to today. The GOP majority has been here tonight as a daughter, a wife, and in America. But before we get into in power for 14 weeks. Zero, no, nada, a mother of veterans; and I am an ar- that, we just heard a whole hour of nothing to create jobs. Not one jobs dent supporter of our Nation’s mili- talk that really is based upon a falla- bill. In fact, the only bill that they tary. These brave men and women can cious foundation, that is, it is just not have put on that has anything to do never be thanked enough for their serv- correct. with jobs is one that destroys 700,000 ice to our country, and this Congress Last year in 2010, it was the Repub- jobs. So keep this in mind, American must do everything that we can to lican Senators that blocked every at- public. Fourteen weeks of GOP leader- stand up for those who defend America. tempt to pass legislation by threat- ship in the House and not one piece of That is why I urge my colleagues to ening a veto and denying the 60 votes legislation that would create a job put- protect the military paychecks and to that were necessary. So when it came ting Americans to work this year and ensure that if the government shut- time to do a budget, it was impossible next year. That’s the fact. down were to occur, that the members to put a budget through the Senate be- Now, another fact: Where did the def- of our Armed Forces and their families cause of the Republican blockade in icit come from? In order to understand will receive their salaries on time. the use of the filibuster. where we are, we need to know where This is not an issue that we can play Similarly, when it came time to fund we’ve been. Here is what the deficit is politics with, and my colleagues on the the government, to appropriate the all about. Beginning with Ronald other side of the aisle who seek to use money, the same thing happened. It Reagan, the budget was not balanced. these paychecks of our military as part was impossible to get the 60 votes out Ronald Reagan at the end of his term of their plan to force a government of the Senate because of the Repub- left for the American public a $1.4 tril- shutdown should absolutely be lican blockade. So everything that we lion deficit in the years ahead. At the ashamed of themselves. Military fami- have heard over the last hour about the end of each year and, therefore, at the lies have already sacrificed so much for process that is now under way, the con- end of a President’s term, the Congres- this country. Back in Tennessee, there tinuing resolutions, began with the sional Budget Office makes an esti- are families who are worried right now blockade in the Senate by the Repub- mate of what is going to happen over about whether their loved ones are safe licans as they continually threatened a the next 5 to 10 years. At the end of overseas in Iraq and Afghanistan and filibuster. That’s why we are where we Ronald Reagan’s term, they said there other places even around the country, are today. would be a $1.4 trillion deficit going and they are praying for their safe re- Now, with regard to the funding of forward. turn home. Those military families the military, let’s understand that the George Walker Bush followed should not, under any circumstances, Democrats have always consistently Reagan; and at the end of his adminis- have to worry about when and where voted to fund the military when it was tration, the estimate by the non- the next paycheck is coming from. a straight up-or-down vote. However, partisan Congressional Budget Office Mr. CARTER. I apologize for the in the CR, the first CR that did have was that there would be a $3.3 trillion short time. Thank you, Mr. Speaker. funding for the military, it also had ex- deficit going forward. That’s the num- f traordinary cuts that would destroy bers provided by the Congressional 700,000 jobs in the last 6 months of this Budget Office, nonpartisan group. REPORT ON RESOLUTION PRO- fiscal year—March, April, May, June, Bill Clinton came to office, estab- VIDING FOR CONSIDERATION OF July, August, September, and Octo- lished the pay-for program, established H.R. 1363, DEPARTMENT OF DE- ber—700,000 jobs lost. the balanced budget program; and at FENSE AND FURTHER ADDI- The Democrats said no way, no way the end of his administration, it was TIONAL CONTINUING APPRO- are we going to throw 700,000 employed projected going forward that there PRIATIONS ACT, 2011; AND Americans out of work, and we rejected would be a $5.6 trillion surplus, wiping WAIVING REQUIREMENT OF that. Put a clean CR for the funding of out the American debt. That’s what CLAUSE 6(a) OF RULE XIII WITH the military on, and you’ll have a 100 happened during the Clinton adminis- RESPECT TO CONSIDERATION OF percent vote. But when you cobble to- tration. So that in the years beyond CERTAIN RESOLUTIONS gether the kinds of foolish cuts, unwar- the Clinton administration, had the Ms. FOXX (during the Special Order ranted cuts, 700,000 lost jobs, and then same policies gone forward, the Amer- of Mr. CARTER), from the Committee on attach to it the military and expect ican debt would have been wiped out. Rules, submitted a privileged report support, you won’t get it. However, another gentleman was (Rept. No. 112–56) on the resolution (H. The Democrats want this govern- elected, George W. Bush. In his first Res. 206) providing for consideration of ment funded, and we fought for more year in office, the Bush tax cuts went the bill (H.R. 1363) making appropria- than a year and a half to get the gov- into effect, the Afghanistan war start- tions for the Department of Defense for ernment funded. We were blocked ed, and the deficit began to grow once the fiscal year ending September 30, along the way. And now, as the Repub- again. So that in his second year, the 2011, and for other purposes; and licans put out these pieces of legisla- second Bush tax cuts were added and waiving a requirement of clause 6(a) of tion, the continuing resolution, and at- the Iraq war was started. Never before rule XIII with respect to consideration tach to it totally unacceptable lan- in America’s history has a war been

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Thank you very even require that the Federal Govern- top 5 percent that controls most of the much for laying out the thematics as ment force the insurance companies to wealth in this country. They are all well as the past history. compete for drugs. about protecting what they have and Our theme in the Democratic Caucus The result was at the end—oh, did I grabbing more power. here in the House is one of making it in forget the Great Recession? I did. You It’s very interesting when we talk America—once again, going into Tar- add the Great Recession to it, so at the about where the policies coming out of get, going down to the local auto- end of the George W. Bush administra- the Republican House majority are mobile dealership, and finding products tion, the projection from the Congres- these days, because all of the cuts seem that are made in America. The great sional Budget Office was that the def- to be targeted at the people back in the strength of America, historically for icit would grow by an additional $11.5 district where I live, hardworking, salt- the last 150 years, has been its manu- trillion. of-the-Earth constituents whom I am facturing strength, but we need to un- The George W. Bush Republican pe- so honored to serve. derstand that, in the last decade, we riod created the Great Recession, two Your point is well taken and very have seen the hollowing out of the wars unpaid for, a major increase in sad, that the one bill that they put out American manufacturing industry. the Medicare program, and the result, there—I mean, hey, you don’t have to In 1999, there were 17,383,000 Ameri- the Great Recession and the great def- take our word for it—the bill that they cans working in manufacturing. In the icit. This is what Obama faced the day put out there puts 700,000 jobs, more decade that followed, more than 6 mil- he came into office, the greatest reces- than at risk, it’s been determined by lion of those jobs were lost, and we saw sion since the Great Depression and an their own Republican analysts that it the hollowing out of American manu- $11.5 trillion deficit going forward. would cost us 700,000 jobs. Frankly, our facturing. That’s the strength. It also Those are the facts. That’s where we economic recovery, which is so fragile, happens to be the middle class. So our started this. is under threat. theme is ‘‘make it in America.’’ As you Now, what are we going to do about A group of 300 economists, including say, if America is going to make it, we this problem? The President has put two Nobel laureates, wrote a letter must, once again, make it in America. forth a budget that would, in 8 years, Manufacturing matters. significantly reduce the deficit so that warning that the shortsighted budget cuts to, quote, human capital, our in- Let me put up here on the board why it wouldn’t grow and allow us to pay it matters to the American public. the interest, not removing it, not pay- frastructure and the next generation of scientific and technological advances What has happened in the last decade ing it all off—neither do the Repub- has been a skewing of the economy, the lican proposals—but it would put us in would threaten future economic com- petitiveness as well as the current re- great unshared prosperity of America. a position where it would not grow. It If we look at the bottom fifth of the takes time to solve the huge deficit covery. population, these are the poor. They’ve problem that George W. Bush, Ronald So the path that the Republicans are seen a $200 annual increase in their Reagan, and Bush, Sr. put us into. We on, and it’s funny because we just saw well-being. For the next fifth, 20 to 40 can do it. But we cannot do it unless the new budget proposal unveiled and percent, they’ve seen just under $10,000. we grow this economy. It’s about grow- they called it a path to prosperity. I As you go up, if you look at the top 10 ing the economy and creating jobs that think that the better name is a path to percent, $300,000. If you look at the top we would now like to talk about. poverty. At any rate, the path that I am going to turn now to my col- they are on is not a good one. 1 percent of Americans, what has hap- pened with them? Their wealth has league from Ohio, BETTY SUTTON, who We know that the answer to what has been working on the issue of put- ails our economy is we need to put the grown by over $5,978,870. ting Americans to work for a long, long American people back to work. We So what has happened as a result of time. Please share with us where you need to have jobs that will create op- the policies of the Bush administration are now with this proposal that you are portunities for the people that we are is a push to the wealthy and the putting forward. so honored to represent, that will keep clampdown of the working class in Ms. SUTTON. I thank the gentleman. our communities running, will have America. The middle class in America I thank you for your leadership. You the revenue that we need to pay for is losing the race to wealth. It is losing gave us a little bit of background that those services, those firefighters, those it to the top 1 percent. I think is really, really important teachers, those police officers, those Let me put this another way. when we talk about where this deficit nurses, those public servants that There are, perhaps, some people you came from and how it came to be. I make our world turn. might recognize at the bottom, the poorest fifth, the folks who work for would just add a couple of other points b 2040 that I think are significant. Wal-Mart. Eleven percent of the wealth At the end of last year, we will re- So everyone at all levels of govern- went to them. For the second poorest— member that the same people who are ment, regardless of party, should be fo- these are the teachers—it’s the same now cutting indiscriminately, cuts cused on priority one—getting Ameri- thing. There was very little growth in aimed at seniors, cuts aimed at middle cans back to work. That’s where we their income. As you get to the mil- class Americans, cuts aimed at Head come in with what we need to be fo- lionaires and billionaires, the Donald Start, low-income housing, heating as- cused on, which is: How do we make it Trumps of the world, they have seen a sistance, Community Development in America? Manufacturing matters. 256 percent—a 256 percent—increase in Block Grants that add to economic ac- So we are working in this House, as their wealth. At the bottom, an 11 per- tivities in our communities, those you know, Congressman GARAMENDI, to cent. For the teachers, an 18, 20 per- same folks, some of them, were over make sure we put forth an agenda on cent. For manufacturing, maybe a 32 there fighting to make sure that we the Democratic side of the aisle, and percent. Here is where the money is: had super tax cuts for billionaires that we hope that our Republican colleagues It’s with the super wealthy. They have were also going to add exponentially to will stop being deflected and will start seen a 256 percent. the deficit. focusing on what will help the people Take a close look, America. Take a Then they turn around and say, hey, we serve, which would be focusing on close look at what was proposed yester- we’ve got this horrible deficit, and so these jobs, giving people opportunity, day by the Republican caucus:

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5344 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 Yesterday, the Republican caucus budget? Remove those subsidies from all. And I’ll tell you what’s disturbing proposed to take this skewing of the oil companies, and let them pay is that the British National Science wealth, the unshared prosperity, and taxes. Why should we be subsidizing Academy predicted that if we go on push even more of it to the super the wealthiest industry in the world, this path that we’re going on right wealthy of America. It is unconscion- the oil industry? That’s what they now—which we’re going to ask the able, but that’s what they’ve proposed want to do—and you talk about tax American people to back us up because to do, and they’re going to do it with breaks. Good heavens. we’ve got to put more research and de- tax breaks for the wealthy, continuing I want to turn now to our colleague velopment dollars into building these on, indefinitely, increasing the deficit from the great City of Detroit. We great manufacturing products. But if by $1 trillion—a $1 trillion increase— loved that advertisement in the Super we don’t do that, if we don’t change, because they want even more wealth to Bowl. We now call HANSEN CLARKE the China could overtake us in scientific go to the super wealthy. ‘‘imported from Detroit Representa- output in just a couple of years. That’s At the same time, they’re cutting the tive.’’ not acceptable. We want to make sure benefits that the working men and Please share with us your thoughts that the best products are imported women rely upon. What are those bene- here. from Detroit, not from China. fits? Well, how about employment op- Mr. CLARKE of Michigan. Thank Mr. GARAMENDI. Thank you so very portunities? How about educational op- you, the great gentleman from Cali- much. portunities? All of those are cut, and fornia, Congressman GARAMENDI. And how correct you are in laying they’re taking money out of the econ- You’re right. I was born and raised in out this strategy of how we can move omy so that 700,000 men and women Detroit, and am very proud of it—im- the American manufacturing industry: will lose their jobs this year, in the ported from Detroit, as you say. Education, a well-educated workforce; next 9 months. That’s the Republican One reason why U.S. manufacturing research on fundamental issues like en- agenda. has been so innovative is that we use ergy systems, batteries, transpor- For those who are not working, the the best research. As a matter of fact, tation; and then making those things seniors of America, the Republicans U.S. manufacturing performs half of in America, importing from Detroit to are proposing to end Medicare as we the research and development in the American consumers and selling know it. It will be the privatization of United States. It has been fantastic, around the world. However, when the Medicare, giving every senior in this and let me give you an example. Republicans put together a proposal Nation an $11,000 voucher so that they In Detroit, which is the district that such as H.R. 1—their continuing reso- can then go and negotiate with the ra- I represent, General Motors Corpora- lution that would cut 700,000 jobs out— pacious greed of the health insurance tion is now manufacturing one of the it also cut out the research budget for companies. If you want to live to be 65 best electric-powered vehicles around, energy research, for battery research, and finally have a health insurance the Chevy Volt. The cost of the Chevy for transportation research, and in ad- policy that you can count on, don’t Volt has dropped. It’s very affordable dition to that, research for health. The look to the Republicans, because they now, which is, in large part, because of National Institutes of Health budget intend to terminate Medicare as we the Department of Energy’s invest- was decimated. That’s not good public know it and turn over the well-being— ment into research and development in policy. We need to make these finan- the health and, indeed, the life of every the lithium-ion battery. The cost of cial investments. And if the Demo- senior—to the vagrancies, to the rapa- that battery has now dropped down to cratic strategy of making it in Amer- cious profit orientation of the health just $8,000 apiece. ica is carried forward, Detroit will insurance industry. That’s what’s prosper and America will prosper. b 2050 going to happen if the Republicans get Another part of our country in trou- their way. We’ll do everything we can So this car is not only a great car, ble for manufacturing, but a great to stop it, and we will also do every- saving gas, it’s a good riding vehicle, manufacturing center of America, is Il- thing we can to build the American but also it will be affordable. linois. Our Representative from that middle class. But here’s the problem: The problem great State is here to join us, JAN Ms. SUTTON. Will the gentleman is that many in the majority right now SCHAKOWSKY. yield? want to cut back on research and de- Ms. SCHAKOWSKY. I am so happy to Mr. GARAMENDI. I would be de- velopment that’s going to be so essen- join you. And I thank you for coming lighted to. tial for us not only to build the best down to the floor each week and mak- Ms. SUTTON. In addition to that, at products to be sold here, but also so ing the point that we have choices in the same time they’re cutting Medi- that we can compete overseas. What’s the United States of America. care and changing it and removing the very disturbing is that, for the first We can put our people back to work. guarantee that seniors have known, time since 2008, the U.S. level of invest- We can reduce our debt and our deficit, which is that they’re going to have ac- ment in clean energy technology has but we don’t have to do it on the backs cess to that care when they need it, now dropped from first place in the of middle class Americans, and we cer- isn’t it also true that they’re con- world. We used to be number one in the tainly don’t have to do it on the backs tinuing to protect those subsidies to world in clean energy technology re- of our elderly. That’s exactly what the big oil companies, those billions of dol- search until recently. We have fallen budget proposal by our Republican lars in subsidies, and are continuing to now to number three, number three be- Budget Chairman PAUL RYAN says. He protect tax breaks that ship those jobs hind China and Germany. That’s not said, look, the country is broke. We’ve overseas, which has led, in large part, acceptable. got to just show courage and we’ve got to the decline of American manufac- Mr. GARAMENDI. Would the gen- to cut that deficit—we agree with turing? tleman yield for a moment? that—and the way that we think we Mr. GARAMENDI. Precisely so. Mr. CLARKE of Michigan. I will yield ought to do it is by ending Medicare as Look at their budget proposal. Their to the gentleman. we know it, by abolishing Medicare. In- budget proposal says that the oil com- Mr. GARAMENDI. In the Republican stead of that guaranteed benefit that panies in the last 10 years have earned continuing resolution, H.R. 1, they re- all older Americans can aspire to now, a profit of $947 billion. That would be duce the research budget for energy re- can get when they’re 65 years old, that $53 billion less than $1 trillion in prof- search here in America, cutting out persons with disabilities would get, its, nearly $1 trillion in profits. Yet our vital research at the Department of they know that it’s there—and I cannot Republican colleagues say they need to Energy, at the laboratories across this imagine that there is not every single continue to be subsidized by the Amer- Nation. And what are they thinking? Member of this House, Republican or ican taxpayers. Hello? What’s that all Mr. CLARKE of Michigan. Well, Democrat, where people come in and about? Do you want to balance the you’re right, this makes no sense at say, I hope I can make it until I’m 65

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5345 and get on Medicare because I can’t get now starts at $375,000. So if you make gress, a partnership between govern- insurance, and even if I could, I can’t $27 million or $375,000, you’re still pay- ment that’s been hand-in-hand with afford it right now or I have a pre- ing the same tax rate. the wealthiest Americans. And the rest existing condition. He wants to do it on What I did was say, okay, let’s make of America—and you know what, the the backs of senior citizens. the taxes fairer. I said, starting at $1 other thing is if you started up here It’s been said many times tonight million—that’s earning in 1 year—45 and tracked union membership, you that 700,000 jobs would be lost if H.R. percent tax rate. And it would ratchet would find that line going straight 1—the top priority of the Republicans— up, $10 to $20 million, $20 to $100 mil- down. were to pass, that the cuts that it lion, $100 million to $1 billion, and then When workers, as 62 percent of Amer- would make, instead of spurring on a $1 billion tax bracket. And you know icans agree is a good thing, have col- jobs, creating jobs, putting the 15 mil- what? There are Americans who have lective bargaining, they’re able to help lion people that want to pay taxes— made $1 billion last year. The top 20 raise the middle class instead of having that’s all they want is to go back to hedge fund managers, an average of a disappearing middle class, which is work and actually pay taxes, that that over $1 billion a year. One guy made what’s happening now. would be their dream come true, and it over $5 billion in 1 year. I’m saying Mr. GARAMENDI. And yet we’re see- would also cut our deficit. But you those billionaires, that top tax brack- ing across this Nation a Republican at- know what the American people are et, 49 percent taxes. And guess what? tack on unions claiming that unions thinking? They’re thinking, We aren’t That is lower than the tax rate in all are bad. But the great history of this broke—maybe we are, but not everyone the Reagan years. I’m under Ronald Nation is that the union movement, is broke in America. Reagan’s highest tax bracket. It’s fair. collective bargaining over these many, This is a sign that my staff made be- This is not about punishment. It’s many decades did in fact create the fore I introduced a bill with an idea not about revenge. It’s certainly not middle class. And so that in the 1960s supported by 81 percent of Americans about jealousy. It is about fairness in was the period of time when the middle that it is time for millionaires and bil- our tax system. And we would have class of America was at its peak. It had lionaires to pay their fair share; 81 per- plenty of money here. We wouldn’t the greatest distribution of wealth. cent of Americans. That means it’s not have to cut Medicare, of course we The greatest share of the income went just Democrats and it’s not just Repub- wouldn’t. We wouldn’t have to cut to the middle class. It was also the licans. It’s Independents, and I believe Medicaid, the poorest people off their time when the union movement was the strongest in America. Since that that it’s Tea Party people, too. They health care. We wouldn’t have to time through a variety of govern- know that they are not getting a fair threaten seniors with cuts in Social Se- mental policies, we have seen a decline shake and that the millionaires are. curity benefits. And we could fund in the union movement and a commen- Did you explain the chart? those job training programs to put peo- surate consistent decline in the middle Mr. GARAMENDI. Go ahead. ple back to work. We could even fund Ms. SCHAKOWSKY. Well, what it class. infrastructure programs that put peo- We’re going to build the middle class. says is that from 1979, at that end, to ple on the job, or green energy pro- This is about making it in America. 2005, this is the growth in income over grams that make America a leader in This is about rebuilding the middle certain income categories. And you can the world. We could do all those things. class. see way down at the end there is a lit- We are not broke as a people. I want to now turn to our colleague tle bracket—even if you can’t, you get b 2100 from the great industrial—the once and the idea. There is a little sign down So my Fairness in Taxation Act, I future great industrial center of Amer- there that says that the bottom 20 per- ica, Ohio, and share with us—you’ve hope people will sign on as cosponsors. cent of Americans over that period, al- got some specific proposals that you’ve Eighty-one percent of Americans think most 30 years, their income increased put forward. I’d like to talk about it’s a good idea. We have to have the $200. them. I know that our Congresslady courage to follow—listen to people out Let’s go to the other end. The top 0.1 from Illinois has, and I do, too, so we’re there, and follow percent of Americans, their average in- going to talk about specific things that Mr. GARAMENDI. Our Republican come increased, actually increased, we’re going to do to rebuild the middle colleagues have consistently said we over $6 million. Their average income class by making it in America. right now is $27 million. Get this: The ought to listen. And apparently all Ms. SUTTON. I thank the gentleman bottom 90 percent of Americans—I was that we know about tax policy, there’s and I thank the gentlewoman for her even shocked by this number—the av- little or no support for reducing the making the case about the funda- erage income is under $32,000 a year. taxes on the super wealthy but rather mental unfairness about what is going Top 0.1 percent, $27 million; 90 percent they go the other way. And we’re won- on with the proposals coming from the of the rest of Americans, less than dering what they’re thinking over on other side of the aisle. $32,000. This is not good for our econ- the other side of the aisle as they con- And I think that the point that the omy and it is not good for our democ- tinue to skew to create the unshared gentleman just made about the union racy. prosperity by even reducing further the movement in this country, helping to Mr. GARAMENDI. Would you yield taxes on the super wealthy. build the middle class and frankly, for a moment? Ms. SCHAKOWSKY. One of the leading us to a place where we had a Ms. SCHAKOWSKY. Yes. things that they say, that PAUL RYAN strong middle class in this country— Mr. GARAMENDI. The Republican says, We all have to sacrifice. Shared you know, it’s that middle class that budget proposal put out yesterday calls sacrifice. I believe in that. I think makes America so great, that people for a tax decrease for that 0.1 percent that’s a good idea. But some people have a chance to aspire to that Amer- from 35 percent to 25 percent. have been sacrificing for a long time. ican dream. Ms. SCHAKOWSKY. Just the people If you drew another line starting at And so when you stand on this floor who need it, right? Just the people who the bottom left and going to the top or you come here as we do, and you see need a tax break. Isn’t that astonishing right of productivity increases in the attack after attack on those middle that they should actually pay less? United States, that line would shoot class families—from attacks on pre- Mr. GARAMENDI. We’re talking way up because we have the most pro- vailing wage payments that are just about super trickle-down theory here. ductive workers in the world. Produc- living wages that are going to those Ms. SCHAKOWSKY. Yeah. Take it tivity has soared. And yet where have folks who work in our trades. We see from Medicare and give them a tax the benefits gone for our more produc- those attacks come up over and over break. tive workers? Right here. And it has again at the same time that those on And, by the way, the top tax bracket been deliberate, and it’s been based on the other side of the aisle are pro- in the United States of America right policies that have passed in the Con- tecting that huge income disparity, it’s

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5346 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 really, really hard to take, I know for manufactured goods because that puts rope, or is it going to be used to buy us over here, and it’s hard for the peo- the American people back to work. American-made wind turbines and ple who I represent who work hard for Other countries have similar procure- American-made solar panels? We must a living and are just looking for a ment policies, and it’s way past time pass legislation, and it ought to be chance to take care of their families that this country also do what it can to Democrat and Republican alike, that and make their way. keep these jobs right here in Ohio, says finally it’s going to be American We also see those attacks on collec- right here in America. made. We are going to make it in tive bargaining to silence workers, to Mr. GARAMENDI. Well, I love the America so that Americans can make take away rights to even have a voice title, but even more so, I love the pur- it. at the table, to be part of the solution, pose of your legislation. Using our tax Let me now turn to STENY HOYER, which they have been and will continue dollars to build the infrastructure, the our esteemed leader, the whip of the to be. water, the sanitation systems that Democratic caucus. Mr. HOYER. You know, those power grabs, those every city, every community needs, Mr. HOYER. Mr. GARAMENDI, I thank attempts to disempower ordinary and using that money to buy Amer- you not only for your yielding, but Americans, we have to fight against. ican-made pumps and pipes and fittings more importantly for the extraor- There is a better way, and this Make It and valves and all of the rest of the dinary time you have invested in edu- in America agenda offers us that better things that go into those kinds of sys- cating all of the Members of this House way. tems. on both sides of the aisle in what can Manufacturing, we all know, is a It’s not the only place where Amer- truly be perceived I think as an abso- lutely nonpartisan, bipartisan, pro- multiplier in terms of jobs. We know ican taxpayers’ money can be used. American agenda that says we ought to that for every manufacturing job, it Let me give you a couple of exam- make it in America. And if we do, we has a multiplier effect of four more ples, and these are my pieces of my leg- are going to make it in America. We’re jobs. And in some industries, the auto islation that deal with a similar theme. industries, it’s as high as 10 additional going to succeed in America. We all pay gasoline tax and a diesel You’ve got our logo up there, Manu- jobs. 1 tax—18 ⁄2 cents on the Federal side and facturing Matters. I want to congratu- We know that where people manufac- 25 cents for diesel on the Federal side. late you, and I want to congratulate ture, if we manufacture in America, we Where does that money go? It goes to Ms. SUTTON from Ohio, who has been do research and development in Amer- build our streets, highways, and buy such an extraordinary advocate. Her ica. We maintain our capacity to be our buses and trains. legislation in many respects took the strong as a Nation—both economically We need a firm policy that says if it automobile industry and put it back on as well as in our sense of national secu- is American taxpayer money, it’s going track. That was an action that saved rity. What happens if we can’t make it to be used to buy American-made literally hundreds of thousands of jobs. in America? buses, trains, American-made steel, Thousands of jobs in the automobile in- So here we are. We have a number of concrete. We need to use our tax dustry, but all the jobs that are related proposals, we know that we need a na- money to build the American economy to the automobile industry. And I con- tional manufacturing strategy in this so that we are making those things in gratulate BETTY SUTTON for the leader- country. Democrats are committed to America. ship she showed. That legislation of making sure that we have one. I’m going to give you the poster child course was passed in a bipartisan fash- Another area that we need to work for the wrong policy. State of Cali- ion. Not a partisan divide on that on that I think the American people— fornia going to rebuild the San Fran- issue. honestly I think that they expect this, cisco-Oakland Bay Bridge, a multibil- Mr. GARAMENDI has been not only and I’m hoping that our friends across lion dollar project. Bids went out. An educating the Members of this House, the aisle will see fit to join us in the ef- American contractor came in with two but as the American public watches the fort to make sure that when taxpayer bids. One bid was for steel in America, proceedings in this House, educating money is used to build our infrastruc- and the other bid was for steel made in them as well. I go all over America and ture, which in and of itself puts people China. The Chinese steel was 10 percent talk to groups, and there is not a group to work, we will use that taxpayer cheaper. that I have talked to, no matter how money to buy American iron and steel The State of California—wrong-head- liberal, how conservative, whether it’s and manufactured goods and get that ed, big mistake—went out and said, a Democratic group, a nonpartisan multiplier effect as we build our streets Well, we’re going to save 10 percent. group, anywhere in this country, and I and our roads and our bridges and our Turns out, the Chinese steel was defec- have talked to a number of the heads of sewer systems and our water systems tive, the welds were defective, the major corporations, and I have talked and our alternative energy products. bridge was delayed. The 10 percent dis- to a lot of heads of small corporations, Mr. GARAMENDI. Could you just appeared. The 10 percent was added. 200, 300, 400 members, and all of them yield for a moment? The American jobs were lost. Never are appreciative of the fact that we Ms. SUTTON. I will yield to the gen- ever, ever again should that happen in have focused the Congress of the tleman. America. If it’s American taxpayer United States and the administration Mr. GARAMENDI. There’s a piece of money, then by golly, use American- and America on the importance of legislation that someone introduced made products. I love it. Don’t let making things in America. that’s called Don’t Let American Jobs American jobs go down the drain. Make BETTY SUTTON, as I walked on the Go Down the Drain. Do you know who sure we are making it in America. floor, was talking about the kinds of that was who introduced that piece of One more thing, and then I want to jobs that we create in manufacturing, legislation? turn to our minority whip to talk which have on average a 22 percent Ms. SUTTON. Absolutely. I intro- about Make It in America. higher salary. That middle income, duced that legislation. middle class workers, working Ameri- Mr. GARAMENDI. I thought you did. b 2110 cans can have the kind of quality of Ms. SUTTON. I thank the gentleman We also use American taxpayer dol- life that they deserve. And when you for bringing it up. It is called Keep lars to build the solar systems and the see Ford bringing jobs back to Amer- American Jobs from Going Down the wind turbine systems in America. Are ica, you see Whirlpool bringing jobs Drain Act. And what it says is very they made in America? They ought to back to America, you see other cor- simple. It says that as we do what we be. There are American manufacturers porations bringing jobs back to Amer- need to do in this country to rebuild that make wind turbines and make ica, why are they bringing them back our infrastructure, our water and sewer solar. Once again, our taxpayer money. to America? Because they are finding systems, that we will make sure we do Is it going to be used to buy solar pan- out that they get better quality and it using American iron and steel and els from China, wind turbines from Eu- higher productivity.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5347 The gentleman from California men- that we believe that whether you are a our infrastructure. It puts people to tioned the steel in the bridge that’s Republican, a Democrat, that every- work, and it is what we need to do. being built. We make the best steel in body can embrace, and frankly, every- Smart cuts make sense, but so do America. I was visiting the president of body needs to embrace. We saw what smart investments, and infrastructure U.S. Steel in Pittsburgh. Extraor- happened when we had our economy re- is a good way to go. dinary technology. And we are the lying on the financial sector, where Mr. GARAMENDI. I am going to pick most productive producer of steel now. you had a few people moving money up right on the issues that you raised. We frankly in the fifties sort of rested around. And it wasn’t real value that These are the essential elements of a on our laurels. And then in the sixties was being created. When that bubble manufacturing strategy. So if we are and seventies, the Japanese, the Kore- burst, we had a big problem. But when going to make it in America, we need ans, and others built new plants and you engage in manufacturing, you take to make things in America and these they overtook us in technology. But it something of lesser value and you turn are the essential things. wasn’t because we couldn’t compete; it it into something of greater value. You talk about trade policy. We can- was that we weren’t competing. That is something that we can rely on. not continue just to give it all away What Make It In America says is So one of the things that we have to and just expect to be importers of American workers can compete with do is we have to have a national manu- cheap products made elsewhere. So we anybody in the world. And we are pre- facturing strategy. And in that na- need good trade policies that position pared to do so. And this Congress hope- tional manufacturing strategy, like on America’s manufacturing sector to be fully is going to give them the incen- the agenda, the Make It In America competitive. tives and the tools to do that. So I agenda, we need to look at a number of We speak specifically here of China, a wanted to come on the floor and join things and how they all work together lot of issues involved in China, cur- you, as I have in evenings past, to so that they will support U.S. manufac- rency; and it goes on and on. But this thank you, because I believe this agen- turing and U.S. workers. is one of the areas where we must da, if it’s known to our Republican col- Why do we need a manufacturing stand firmly or else we will lose it be- leagues fully and our Democratic col- strategy? Well, it’s kind of obvious, but cause somebody else is going to make leagues, but much more importantly to I do think it’s worth noting that others it and ship it here. the American people, it’s an agenda have national manufacturing strate- Unfairly, taxes. The tax policy of the that I have found has the support of 8 gies. So Germany has one, South Korea Nation needs to encourage manufac- to 9 of every Americans who shake has one. In fact, every other industri- turing. I want to give two examples their head and say, yes, that’s the deal. alized nation has a network of cur- that were part of the Democratic agen- I don’t mean that the 1 or 10 percent rency, trade, tax, investment, innova- da, and these are now in law. Last year, are against it. It’s just that about 85 tion, and skills policies that promote as part of our program, we provided a percent say, yes, that’s what we need their domestic manufacturing. So right tax break for American manufacturers to do. America can compete. America here in the House we encourage our who invested in capital equipment. We can be again the center of manufac- colleagues on the other side of the aisle said, don’t worry about depreciation. turing and growth and the creation of to join us in this Make It In America You invest in capital equipment, that jobs. agenda, to promote a national manu- is grow your manufacturing capacity We know that we’ve lost some 8 mil- facturing strategy that deals with and you could write off against your lion jobs over the last few years, 3 or 4 trade policies that are fair, and that taxes in 1 year, that investment. That’s years. We know that Americans are there will be a reciprocity of trade that a tax policy. struggling to find employment. Well, if will no longer leave our workers and The second tax policy we said is it’s we want to find employment for them our businesses at an unfair disadvan- not right for American corporations to we need to create jobs for them. We tage, where others will be forced to get a tax break when they offshore need to focus on creating jobs. I am play by the rules in the same way that jobs. We said enough of that. No more, hopeful that as we move on in the com- our manufacturers and our workers you are going to do that. On both of ing months that we will in fact start play by the rules. A program that also these policies, our Republican col- focusing on jobs, on job creation. We promotes tax policies that encourage leagues refuse to join us. So presum- have created, as you know, 1.75 million manufacturing in this country and ably they want to continue giving cor- new private sector jobs over the last 13 stops the outsourcing of jobs overseas, porations tax breaks when they send months. But that’s not enough. It’s which we have seen take place for dec- jobs offshore, and they don’t care progress, but it’s not enough. ades now. That will be smart with re- whether American companies invest So I congratulate the gentleman and spect to our energy policies, our labor here in the United States with capital thank him for his leadership. And I policies. equipment. thank Ms. SUTTON for hers as well. Two We shouldn’t be attacking workers. giants in focusing on an agenda that Workers are not the ones who drove Energy, crucial, crucial. We cannot we call Make It In America. our economy off the cliff. So that any longer put our future to risk on Mr. GARAMENDI. Your kind words whole issue of disproportionate shared international oil markets. We are see- are much appreciated. But you are very sacrifice, right? Just like we saw the ing it today, the extraordinary rise in much a part of this. This logo itself disproportionate wealth accumulated the cost of gasoline and diesel, energy and the theme Make It In America was in this country as it did with the help policy, energy independence, advanced one that you developed. And we appre- of the policies that were promoted by biofuels, conservation, electric cars, all ciate that and value the leadership the last Republican administration. We of those things. that you have put into this. need education policies as a part of Labor, you talked about labor. I want to turn back to our colleague that national manufacturing strategy Again, it was the labor movement that from Ohio. We have about 7 minutes, I to promote a workforce that will keep created the middle class in America by believe, and we are going to wrap this us competitive and on top. Policies standing firm and saying the workers thing up. Mr. HOYER, thank you very that protect intellectual property and of America need to share in the great much. We really appreciate your work research and development right here. wealth of America. We have seen the here. Because where you have research and decline of labor, and we have seen the Ms. SUTTON, if you will carry on, I development you have manufacturing, equal decline of the middle class. They am going to find one more of these and vice versa. go together. placards. Labor, fair labor rules, what’s going Ms. SUTTON. I thank the gentleman. b 2120 on in the Midwest, Wisconsin, your You know, again, this Make It In Of course, we need to strengthen and State of Ohio, other States, is wrong. America agenda, it really is something rebuild this country by investing in The labor movement and collective

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5348 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 bargaining is crucial to America’s mid- Adler, who served in this House in the cumbent in what was not a strong year dle class because that gives the founda- last Congress, an extremely close per- for the Democratic Party, his party. It tion, education policy. sonal friend of mine, he and I having was a strong year for my party, the Re- What in the world are our Republican served 17 years together in the New publican Party. And so he came to colleagues thinking about when they Jersey legislature. Trenton as a phenomenon. cut education funding? If we are going Mr. Speaker, before I deliver my re- He was a very young man. He was to compete, we need a well-educated marks, we are honored this evening to born in 1959, so he would have been 32 workforce, and you can’t do it on the be joined by the minority whip, the years old when he became a member of cheap. It requires an investment. former majority leader, who certainly the State Senate. I had been elected to I use intellectual property here; we knew Congressman Adler well. an unexpired term in the General As- could just as easily use the word ‘‘re- I yield to the distinguished minority sembly the year before, and I served in search.’’ It is from the research that whip, the gentleman from Maryland the 1990s in the General Assembly, the the new products are created. It’s in (Mr. HOYER). lower house of our legislature, and he those new products that the great prof- Mr. HOYER. I thank my friend for served continually in our upper house, its are, and it’s where we must protect yielding. in our State Senate, having first been the research. I did not know that he was taking a elected in 1991 and then reelected in Again, my Republican colleagues, Special Order, but I was here on the 1993, 1997, 2001, 2003 and 2007. why are you reducing the research floor, went over to say hello to my dear He rose to a position of prominence budget for America? Why are you doing friend and he indicated this Special in the New Jersey Senate. He eventu- that, when, in fact, that’s where the fu- Order was being taken for John Adler. ally chaired the State Senate Judiciary ture industries come from? Don’t, don’t John Adler died too young. John Committee, which is an extremely im- cut there. Adler contributed extraordinarily to portant responsibility in the structure And, finally, infrastructure, the foun- his family, to his community, to his of our government in New Jersey. And dation upon which everything moves, State and to his Nation. he was always interested in public pol- including thought. He served here too short a time. He icy. The year before he was elected to We used to think of infrastructure was full of energy and of ideas, of intel- the State Senate, he had run as an un- being roads, streets, water systems, lect, of integrity; and he became a good derdog in a congressional race. And al- sanitation systems, yes. And now it’s friend in a short period of time. And I though he did not win that race, I the intellectual infrastructure, the in- counted him as one of the assets of this think that many took note of his can- tellectual highway. All of that infra- Congress, not a Democratic asset or a didacy, and I think that propelled him structure is crucial if we fail to invest. Republican asset, but someone who into our State Senate. By the way, in terms of the Net high- cared about his country and who want- I moved from the lower house of the way, access to the Net, the United ed to see it adopt policies that were New Jersey legislature to the State States falls behind virtually every productive for its people. Senate in the election of 2001 when we other industrialized country in the It is appropriate that we remember became direct colleagues, and we world and in many cases behind devel- this too short a life that, notwith- worked together on many different oping countries. standing its brevity, was filled with issues. And he always worked in a col- This is a Make it in America strat- great productivity, service and com- legial and extremely competent fash- egy. These are the elements: trade pol- mitment. I appreciate the fact that the ion. icy, tax policy, energy policy, labor members of the New Jersey delegation Indeed, we sat next to each other for policy, education, research, intellec- have allowed me to join them, Mr. a period of time of our service in the tual property and infrastructure. This Speaker, in paying tribute to this great State Senate, divided only by the cen- is the Democratic agenda. This is what American. ter aisle. To those who know our State we are putting forth. This is what we I want to say to his family, I called Capitol in Trenton, the State Senate will fight for because this is how you Shelley the other day and didn’t get chamber is a very small room. It was build the American middle class, by her but left a message, four children designed originally for 21 members, one making it in America. are missing their father tonight, a lov- State Senator from each of our 21 I want to thank my colleagues Ms. ing wife, whom I got to know as well, counties, and when the State Senate SUTTON; Mr. CLARKE, who was here ear- missing her husband. While our loss is was increased in population in the lier; our minority leader. We use the certainly not as personal or as keen as 1960s, based upon the principle of one words minority whip now. You were their loss, we share that loss in a very person one vote, to 40 members, it be- our majority leader just a few months real sense. came a place where it’s really quite ago, and you will once again be because Not only have we lost an American overcrowded. And so we really sat ex- this agenda, the Make it in America, is public servant; we have lost a friend tremely close to each other in this the American solution to our economy and a colleague. For that we will say a small chamber of the State Senate. and to our economic growth and to re- prayer for his family, and we will be John Adler’s career in the legislature building the great American middle there for his family whenever they was one of distinction—for example, class. need us. prohibiting smoking in indoor public I yield back the balance of my time. So I thank the gentleman from New places and workplaces. He also spon- f Jersey, my friend Mr. LANCE, for giving sored an act promoting lower vehicle me this time to join him and Mr. PAL- emissions and an antipredatory lending HONORING FORMER act to protect consumers from unfair CONGRESSMAN JOHN ADLER LONE and Mr. HOLT in paying tribute to this wonderful human being whom we credit practices. And based on that and The SPEAKER pro tempore (Mr. had the privilege of serving with, for many other accomplishments when he REED). Under the Speaker’s announced too brief a time. came here, he was appointed to the Fi- policy of January 5, 2011, the gen- Mr. LANCE. Thank you very much, nancial Services Committee, the com- tleman from New Jersey (Mr. LANCE) is Mr. HOYER. mittee to which I was appointed, as recognized for 17 minutes. Mr. Speaker, I have known John well, and so we became colleagues not Mr. LANCE. Mr. Speaker, I rise this Adler for 20 years. only here in this Chamber, the House evening in a very sad moment for the of Representatives, the people’s House people of the State of New Jersey. I b 2130 across the United States, but we be- want to thank Congressman PALLONE He entered the New Jersey State came colleagues on the Financial Serv- for joining with me this evening, as Senate in January 1992, having been ices Committee. well as other Members of the House, as the only Democratic candidate to win John was not raised in circumstances we pay tribute to our colleague, John an open seat that year, defeating an in- of affluence. He lost his father when he

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5349 was a young man, and for him and his given his native intelligence, given his ing with John, I had an opportunity to mother, it was a struggle. And yet de- academic training and given his ability get to know him fairly well. He was a spite that, he went to Harvard. He was as a speaker. He chose to be involved in wonderful colleague. I will miss, as we graduated from Harvard College in public life in Cherry Hill, a great sub- all will, his cheerful demeanor and 1981, and from Harvard Law School in urban community in Camden County in wonderful sense of humor that he 1984. He was an excellent student. And southern New Jersey, in the State leg- brought to all of his work. A sense of at Harvard, he met the person who be- islature, where he was very much in- humor, a good spirit in good times and came his wife, Shelley, someone whom volved in making sure that the judges in bad. And I will miss his wisdom and I know and who is known by my wife, who were appointed to office in New his sharp political insight and his pol- Heidi, and we consider ourselves to be Jersey were men and women of ability. icy knowledge. friends with the entire Adler family. We have a system in New Jersey, Mr. Today, during a memorial at his fu- And together, John and Shelley Speaker, where our judges are ap- neral in New Jersey, there were several brought into this world four wonderful pointed, not elected; appointed by the comments made, and I would like to sons, Jeff, Alex, Andrew and Oliver, all Governor and confirmed by the State read a few. His law school roommate of whom I know. Jeff is at Harvard at Senate. And as chairman of the State and best man commented that John the moment, Alex is at Cornell, and Senate Judiciary Committee, John was Adler really did believe that worrying they have two younger brothers. And intimately involved in that. was just a waste of time. He believed tonight on this sad day, the day when The district he served was an inter- that any setback was an opportunity John’s funeral took place at Temple esting district. The only Camden Coun- for something good to happen. Emanuel in Cherry Hill, we remember ty community in the district is his Friends remembered that after he prayerfully his wife, Shelley, and their hometown of Cherry Hill, and he served had been defeated but Congress was beautiful sons, Jeff, Alex, Andrew and vast portions of neighboring counties, still in session for another 2 months, he Oliver. Burlington County and Ocean County. continued diligently to work here in In 2008, there were two open seats in And to those who are not familiar with Congress. As they said, he wanted to the House of Representatives in New the geography of the State of New Jer- make sure that he made it to all of the Jersey due to retirements: Jim Saxton sey, places in Ocean County are among caucus meetings on time. He wanted to in District 3 and Mike Ferguson in Dis- the most beautiful beaches anywhere, continue to make the right votes for trict 7. And John succeeded Jim not only in this country but in the en- the people of New Jersey. Saxton, as I had the honor of suc- tire world. And I know that he had a His brother-in-law commented that ceeding Mike Ferguson. So we were the commitment to protecting our environ- playing knowledge games against John only freshmen in the class of 2008 from ment. was like playing against Google. He re- New Jersey. And I think that we shared John Adler’s life was ended by a bac- called John’s near-brush with ‘‘Jeop- that bond as, of course, every member terial infection in his heart at age 51. ardy’’ fame that fizzled after the of a freshman class shares a particular His father had died in his late 40s also former Congressman paid, out of his and special bond. based upon a heart condition. So per- own pocket, to fly for a taping to the Certainly, it is exciting for someone haps John Adler had a weakened heart. television program. He made it to the to move from a State legislative cham- But he had a very strong heart in his makeup room, and one of the func- ber here to the House of Representa- views on public policy, in his views on tionaries asked in a formal sense tives, and I think we shared that ex- helping the people whom he rep- whether John knew anyone who citement, for example, when we went resented, first in a municipal governing worked for ABC. And John said, Well, together to the Harvard seminar that body for many distinguished years in yes, he thought one of his law school took place for new members, and of our State senate, and in the 111th Con- classmates had taken a job with a sta- course the orientation that takes place gress, where he was my colleague and tion. And the producers said that was here and when we would bump into my friend. And where we, too, alone, it; he couldn’t participate. each other in the Hall here during ori- were the freshmen from the State of Said his brother-in-law: You mean entation sometimes we thought, what New Jersey. you flew all the way out to California were we doing here? It was an exciting I’m pleased to yield to Congressman on your own dime? Why on Earth time for both of us. HOLT. would you tell them that? And John re- John Adler was a person of enormous plied, because I didn’t want to lie. b 2140 wit, a very dry, subtle, and sophisti- Shelley, John’s wife, is an accom- cated wit. And it really pierced the veil Mr. HOLT. Mr. Speaker, I thank the plished, lovely person. And there is of much of what occurs in public life gentleman from New Jersey (Mr. every indication that their sons are as and in political life where in so many LANCE) and my other colleague from bright and public spirited as their par- instances we take ourselves too seri- New Jersey (Mr. PALLONE) for setting ents. This is a real loss for many of us, ously. That was not Congressman aside this time. as well as for the people of New Jersey. Adler. Too young, too soon, not fair, not ex- I ask that the Members of the House He had been involved over the course plicable in a larger sense. It is with join me in extending our sympathy and of his life in many different charitable great sadness that we come to the floor condolences to John’s family and activities. He served on the Cherry Hill tonight to honor the life of a fine col- friends and his many admirers. Township Council before he went to the league and a friend, a dedicated public f State legislature, the boards of the servant to the State of New Jersey, Camden County Chapter of the Amer- John Adler. TRIBUTE TO FORMER ican Red Cross, the Food Bank of John was dedicated to the service of CONGRESSMAN JOHN ADLER South Jersey, the Virtua West Jersey the people of New Jersey. His devotion The SPEAKER pro tempore. Under Health and Hospital Foundation, and to New Jersey led him to run for and the Speaker’s announced policy of Jan- the Camden County Advisory Board on win a congressional seat in 2008, as you uary 5, 2011, the gentleman from New Children. And certainly his respect for heard from our colleague, Mr. LANCE. Jersey (Mr. PALLONE) is recognized for the political process is something that While John ultimately was not re- 17 minutes. we should all recall, especially those of turned to this body for this session of Mr. PALLONE. Thank you, Mr. us who had the honor of serving with Congress, his legacy of public service Speaker; and I want to continue mak- him in Trenton and in Washington. will indeed live on. No doubt he would ing this tribute and joining my col- I believe that those who serve in pub- have continued to find ways to improve leagues, Congressman LANCE and Con- lic life do so out of a sense of responsi- the lives of New Jerseyans. gressman HOLT, in this tribute this bility. John Adler could have made a Sharing not only a State but also a evening to John Adler, a good friend great fortune in the practice of law hallway in the Longworth Office Build- and one of our colleagues.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5350 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 I don’t want to repeat some of the all about, giving back, giving to the derful the beaches were, and he was things that my colleagues have already public, giving back to his country. very concerned to preserve the quality said, but I would like to talk a little I want to just mention a couple of of the beaches, the quality of the bit about some instances of my own other things that I thought were kind ocean, and also protect the industries life that also involved John. of interesting. John would always talk that used them, particularly the fish- I think Mr. LANCE mentioned how about his family. I don’t know how ing industry. There was an organiza- difficult his political life was in the long it takes to go back and forth to tion called the Recreational Fishing sense that he was always running in where he lived in Cherry Hill exactly, Alliance that was very supportive of areas that were primarily or histori- probably a couple of hours, maybe a John because he was very concerned cally Republican. When he was elected little more, but he was always deter- about the fishing industry. It was his- to the State senate back in the early mined to go back and forth as much as torically part of Ocean County and 1990s, he won in an upset against an in- possible. Even when he was here, in part of New Jersey going back to even cumbent. Of course, when he ran for order to make sure that he was able to Colonial times, and that he felt he had the congressional seat which adjoins help his family and not spend a lot of a special role to play in trying to pro- mine in the south in Ocean County, he money, he would spend the night in his tect the industry. was very much running against the office because he wanted to make sure They appreciated it. Fishermen, odds. That seat had been held by Con- that he had enough money to pay for maybe unlike some people, they can gressman Saxton, who was also a good his family. kind of see whether you’re really on friend for many years, and was Repub- He always talked about his kids; he their side and whether you really are lican as far back as anyone can remem- talked about their education. He was truly supportive of them and under- ber. And he still won. I think he won by so proud of the fact of where they were stand their concerns. They understood 51 or 52 percent of the vote. He just al- going to college and talked to me many that John did, and they really appre- ways faced challenges like that. times about them and their education ciated all the help that he gave them. It was mentioned when he was grow- and wanted to go back home so he I know our time is running out. I did ing up that his father died also of a could go to an athletic event with want to first recognize my colleague, heart condition at a young age, I think them or just be with them and his wife, Mr. PASCRELL, and then after that, I 47 years old; and I don’t even know if Shelley. wanted to read a statement from John was in high school at that time. The one thing that everyone com- former Governor Jon Corzine into the He would often talk on the campaign ments about is not only John’s humil- record because he had asked that I do trail about growing up and having to ity but also his sense of humor. I have that this evening. depend on Social Security benefits, and to tell you that many times I would At this point I would yield to my col- he was able to relate to people because come to the floor and sometimes I al- league from New Jersey. of his upbringing, those who were ways remember him over in that set of Mr. PASCRELL. I thank the gen- struggling and those who had a hard chairs or standing up in that part of tleman for yielding. time because maybe they had lost a fa- the House floor. I would always come I really am honored to be on the floor ther or didn’t have a parent or grew up up to him and ask him if he wanted to with two great congressmen, Congress- in circumstances where they didn’t do a 1-minute Special Order or if he man PALLONE and Congressman LANCE. have much money. wanted to do this or that. I was always I know the three of us served in the I think that the energy and the will- nagging him to do different things. And New Jersey legislature. John Adler was ingness to always take on the fight sometimes he would do, and sometimes a great New Jersey Senator. He was ev- very much characterized John. As was he wouldn’t; but he would always tell a erything but a Harvard man. In other mentioned, he really was one of the joke. He always would make me laugh. words, he didn’t act like a Harvard smartest people that I have ever met. I man. You could connect with him. He 2150 remember on another occasion when b was a human being, above everything we were at a campaign event and I was I have to be honest that oftentimes else. He was tenacious on the campaign introducing him, and I mentioned he after a long day here in the House of trail, but he was more valuable as a graduated undergraduate from Harvard Representatives, that’s really what you public servant. He took what he did University and then went on to Har- need. You need someone to tell a joke very seriously. He was sincere, very vard law school and how impressed I or to make you laugh with his wit, hardworking. He did his homework be- was with that. After the event was with his sense of humor. It was a very fore each vote. He would never allow over, he came up to me and said, special thing. I’m not sure that I can anyone to lead him by the nose to vote. Frank, don’t mention I went to Har- really describe it well. Very independent thinker. Not unlike vard; I have to be humble. And that Also, on the campaign trail, JON PALLONE and LANCE. He was not a certainly doesn’t indicate any kind of RUNYAN, his successor in Congress, was Trenton guy. He was not a Washington humility if you mention Harvard. Not here speaking the other night. You guy. He came here to do a job. that he wasn’t proud of it, he certainly couldn’t help when you saw John Adler I could not believe when I heard the was, and he had reason to be. and JON RUNYAN together, Jon is this news, a 51-year-old young man. Com- But he always wanted to relate to the huge guy, a football player, big, tall, pared to me he’s a young man. He had average person, to the middle class per- and, of course, John Adler was so so much to give and he gave it. He real- son, to the little guy because that was slight. He always exercised. I don’t ly loved the public that he served. He his upbringing. That is what he was even know how much he weighed, but will be greatly missed by Democrats really all about. That is why he wanted he was very slight. The contrast be- and Republicans on this floor. To his to come to Congress. tween them was sort of interesting. wife, Shelley, and their four beautiful As Mr. LANCE mentioned, anybody John would always poke fun at that as sons, Jeff, Alex, Andrew, and Oliver, who graduates from Harvard under- well, the fact that he was a slight guy you have friends here. This is by no graduate and law school could easily and that JON RUNYAN was such a big means the end. spend the rest of their life making guy as a football player. Growing up in Haddonfield and com- money and doing well financially, but I heard Mr. LANCE talk about Ocean ing to Washington, it was no difference he decided he wanted to go into poli- County and John representing Ocean to John Adler. He truly loved his fellow tics. He wanted to help people. And County. I can’t help but mention one man. He truly did what he was sup- even if it meant he had to run in a dis- aspect of that, and that is the fact that posed to do here on his mission. Folks trict and work hard and raise a lot of when he first was running in Ocean voted him here. Even when things money to campaign in order to win, he County, because I used to represent it didn’t go well in the last election, he was determined to do that because he at one time, he would remark to me rose above. He was a winner in every really believed that that is what life is about how beautiful it was, how won- sense of the word. God bless him. God

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5351 bless our beautiful State. God bless the and translating to English: ‘‘It is not 1065. A letter from the Director, Regu- best country in the world. We remem- the position that honors the man; rath- latory Management Division, Environmental ber John Adler this evening with fond er it is the man who has honored the Protection Agency, transmitting the Agen- memory. position. He saw himself as a public cy’s final rule — Bacillus thuringiensis eCry3.1Ab Protein in Corn; Temporary Ex- Thank you, FRANK. servant in the best sense.’’ The rabbi emption from the Requirement of a Toler- Mr. PALLONE. Thank you, my col- recalled a particular moment that ex- ance [EPA-HQ-OPP-2009-0609; FRL-8866-5] re- league. emplified John’s joie de vivre, when ceived March 10, 2011, pursuant to 5 U.S.C. I mentioned, Mr. Speaker, that the Harvard-schooled pol would exit a 801(a)(1)(A); to the Committee on Agri- former Governor Corzine, who worked stage—ignoring completely the half- culture. with John Adler for many years on ju- stack of steps attached to the side— 1066. A letter from the Director, Defense dicial and law enforcement issues while and he would bound off the front onto Procurement and Acquisition Policy, De- Adler served in the State senate as the people’s floor. partment of Defense, transmitting the De- chairman of the Judiciary Committee partment’s final rule — Defense Federal Ac- Two of his sons spoke at the funeral. quisition Regulation Supplement; Acquisi- and Corzine, of course, was the Gov- The eldest, Andrew, emotionally re- tion of Commercial Items (DFARS Case 2008- ernor at the time, he asked that I read called how much his father would get D011) (RIN: 0750-AG23) received March 15, this statement on the passing of Con- from doing the mundane family things, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the gressman John Adler: like attending soccer games, yelling Committee on Armed Services. ‘‘Congressman John Adler was a dedi- some absurdity onto the field at tense 1067. A letter from the Director, Defense cated public servant whose wit, intel- moments. ‘‘I will always miss him,’’ his Procurement and Acquisition Policy, De- ligence, and drive enriched the public son said. ‘‘But I know he was always partment of Defense, transmitting the De- debate in both the New Jersey state- partment’s final rule — Defense Federal Ac- proud of the ones he loved.’’ quisition Regulation Supplement; Ownership house and in our Nation’s capital. For Lastly, Mr. Speaker, the rabbi con- or Control by a Foreign Government nearly half his life, Congressman Adler cluded the ceremony with a poem that (DFARS Case 2010-D010) (RIN: 0750-AG78) re- committed himself to the truly noble ends: ceived March 15, 2011, pursuant to 5 U.S.C. idea that our government and our Perhaps my time seemed all too brief 801(a)(1)(A); to the Committee on Armed great country can be a force for good in Don’t lengthen it now with undue Services. the lives of so many citizens. grief 1068. A letter from the Chief Counsel, ‘‘Today, we owe a debt of gratitude Lift up your hearts and share with FEMA, Department of Homeland Security, to Shelley Adler for sharing John with transmitting the Department’s final rule — me Final Flood Elevation Determinations countless New Jerseyans who, whether God wanted me now, he set me free. [Docket ID: FEMA-2010-0003] received March they know it or not, are better off be- With that, Mr. Speaker, I would yield 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to cause of her loving and generous hus- back the balance of my time. the Committee on Financial Services. band. f 1069. A letter from the Chief Counsel, De- ‘‘John’s true legacy, however, as partment of Homeland Security, transmit- Shelley would certainly attest, is found ENROLLED BILL SIGNED ting the Department’s final rule — Changes in four wonderful boys who will un- Karen L. Haas, Clerk of the House, in Flood Elevation Determinations [Docket doubtedly enrich their communities reported and found truly enrolled a bill ID: FEMA-2011-0002] received March 4, 2011, of the House of the following title, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- with the same spirit of compassion and mittee on Financial Services. commitment to the greater good found which was thereupon signed by the 1070. A letter from the Chief Counsel, in their father. Speaker: FEMA, Department of Homeland Security, ‘‘While we mourn John’s passing, H.R. 4. An act to repeal the expansion of transmitting the Department’s final rule — may we also celebrate him by remem- information reporting requirements for pay- Changes in Flood Elevation Determinations bering that our own lives are defined ments of $600 or more to corporations, and [Docket ID: FEMA-2011-0002] [Internal Agen- by those moments when we decide to for other purposes. cy Docket No.: FEMA-B-1177] received March stop and help someone else.’’ f 4, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Those are the comments by former the Committee on Financial Services. BILL PRESENTED TO THE 1071. A letter from the Associate General Governor Corzine. PRESIDENT Counsel for Legislation and Regulations Di- Mr. Speaker, I know that Congress- Karen L. Haas, Clerk of the House, visions, Department of Housing and Urban man HOLT before mentioned some of Development, transmitting the Depart- the statements that were made by reports that on March 30, 2011 she pre- ment’s final rule — Public Housing Evalua- friends and relatives at John Adler’s sented to the President of the United tion and Oversight: Changes to the Public funeral this afternoon in Cherry Hill. I States, for his approval, the following Housing Assessment System (PHAS) and De- did want to, if I could, just take a cou- bill. termining and Remedying Substantial De- ple of excerpts here, as I know we only H.R. 1079. To amend the Internal Revenue fault [Docket No.: FR-5094-I-02] (RIN: 2577- AC68) received March 8, 2011, pursuant to 5 have a few minutes left, that I would Code of 1986 to extend the funding and ex- penditure authority of the Airport and Air- U.S.C. 801(a)(1)(A); to the Committee on Fi- like to enter into the RECORD, some way Trust Fund, to amend title 49, United nancial Services. parts of the narrative of the funeral States Code, to extend the airport improve- 1072. A letter from the Legal Information that are mentioned in ment program, and for other purposes. Assistant, Department of the Treasury, transmitting the Department’s final rule — PolitickerNewJersey.com. f It starts out by saying: Standards Governing the Release of a Sus- They came Wednesday to honor the ADJOURNMENT picious Activity Report [Docket ID: OTS- memory of John Adler, a New Jersey Mr. LANCE. Mr. Speaker, I move 2010-0016] (RIN: 1550-AC28) received March 9, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the exemplar, a self-made man of Horatio that the House do now adjourn. Committee on Financial Services. Alger levels, a man of law, a family The motion was agreed to; accord- 1073. A letter from the Legal Information man, and a man of the people. ingly (at 9 o’clock and 59 minutes Assistant, Department of the Treasury, Rabbi Jerome David said, ‘‘John p.m.), under its previous order, the transmitting the Department’s final rule — died—too soon, too young—after a 3- House adjourned until tomorrow, Stock Benefit Plans in Mutual-to-Stock Con- week battle in the hospital surrounded Thursday, April 7, 2011, at 10 a.m. versions and Mutual Holding Company Structures [No. OTS-2007-0014] (RIN: 1550- by his family, surrounded by a very f dedicated circle of friends. But he died AC07) received March 11, 2011, pursuant to 5 knowing he used his intelligence and EXECUTIVE COMMUNICATIONS, U.S.C. 801(a)(1)(A); to the Committee on Fi- ETC. nancial Services. skills to help people—to really make a 1074. A letter from the Legal Information difference.’’ Under clause 2 of rule XIV, executive Assistant, Department of the Treasury, Another rabbi spoke of his humble communications were taken from the transmitting the Department’s final rule — leadership, reading a passage in Hebrew Speaker’s table and referred as follows: Permissible Activities of Savings and Loan

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.002 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5352 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 April 6, 2011 Holding Companies [Docket ID: OTS-2007- Protection Agency, transmitting the Agen- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0007] (RIN: 1550-AC10) received March 11, 2011, cy’s final rule — Approval and Promulgation mittee on Oversight and Government Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Air Quality Implementation Plans; form. mittee on Financial Services. Virgina; Revisions to the Open Burning Reg- 1093. A letter from the Senior Procurement 1075. A letter from the Legal Information ulations [EPA-R03-OAR-2010-0903 FRL-9278-7] Executive/Deputy Chief Acquisition Officer, Assistant, Department of the Treasury, received March 10, 2011, pursuant to 5 U.S.C. General Services Administration, transmit- transmitting the Department’s final rule — 801(a)(1)(A); to the Committee on Energy and ting The Administration’s final rule — Fed- Personal Transactions in Securities [Docket Commerce. eral Acquisition Regulation; Trade Agree- ID: OTS-2007-0010] (RIN: 1550-AC16) received 1085. A letter from the Chief of Staff, Media ments Thresholds [FAC: 2005-50; FAR Case March 11, 2011, pursuant to 5 U.S.C. Bureau, Federal Communications Commis- 2009-040; Item VII; Docket 2010-0092, Sequence 801(a)(1)(A); to the Committee on Financial sion, transmitting the Commission’s final 1] (RIN: 9000-AL57) received March 16, 2011, Services. rule — Amendment of Section 73.202(b), pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1076. A letter from the Legal Information Table of Allotments, FM Broadcast Stations. mittee on Oversight and Government Re- Assistant, Department of the Treasury, (Lake Brownwood and Early, Texas) [MB form. transmitting the Department’s final rule — Docket No. 09-181] received March 17, 2011, 1094. A letter from the Senior Procurement Prohibited Service at Savings and Loan pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Executive/Deputy Chief Acquisition Officer, Holding Companies [OTS-2007-0008] (RIN: mittee on Energy and Commerce. General Services Administration, transmit- 1550-AC14) received March 11, 2011, pursuant 1086. A letter from the Chief, Satellite Di- ting The Administration’s final rule — Fed- to 5 U.S.C. 801(a)(1)(A); to the Committee on vision, International Bureau, Federal Com- eral Acquisition Regulation; Use of Commer- Financial Services. munications Commission, transmitting the cial Services Item Authority [FAC 2005-50; 1077. A letter from the Legal Information Commission’s final rule — Telesat Canada FAR Case 2008-034; Item VI; Docket 2009-0035, Assistant, Department of the Treasury, Petitions for Reconsideration [IB Docket Sequence 1] (RIN: 9000-AL44) received March transmitting the Department’s final rule — No.: 06-123] March 4, 2011, pursuant to 5 16, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to Community Reinvestment Act-Community U.S.C. 801(a)(1)(A); to the Committee on En- the Committee on Oversight and Govern- Development [No. 2006-16] (RIN: 1550-AB48) ergy and Commerce. ment Reform. received March 11, 2011, pursuant to 5 U.S.C. 1087. A letter from the Chief of Staff, Media 1095. A letter from the Chief, Border Secu- 801(a)(1)(A); to the Committee on Financial Bureau, Federal Communications Commis- rity Regulations Branch, Department of Services. sion, transmitting the Commission’s final Homeland Security, transmitting the De- 1078. A letter from the Legal Information rule — Amendment of Section 73.202(b) table partment’s final rule — Clarification of Assistant, Department of the Treasury, of Allotments, FM Broadcast Stations. (Wil- Countries and Geographic Areas Eligible for transmitting the Department’s final rule — low Creek, California) (MB Docket No.: 10- Participation in the Guam-Commonwealth Confidentiality of Suspicious Activity Re- 189) received March 4, 2011, pursuant to 5 of the Northern Mariana Islands Visa Waiver ports [Docket ID: OTS-2010-0015] (RIN: 1550- U.S.C. 801(a)(1)(A); to the Committee on En- Program [USCBP-2011-0007; CBP Dec. 11-07] AC26) received March 9, 2011, pursuant to 5 ergy and Commerce. (RIN: 1651-AA81) received March 16, 2011, pur- U.S.C. 801(a)(1)(A); to the Committee on Fi- 1088. A letter from the Assistant Secretary suant to 5 U.S.C. 801(a)(1)(A); to the Com- nancial Services. for Export Administration, Department of mittee on the Judiciary. 1079. A letter from the Secretary, Depart- Commerce, transmitting the Department’s 1096. A letter from the Attorney Advisor, ment of Education, transmitting the Depart- final rule — Amendment to the Export Ad- Department of Homeland Security, transmit- ment’s final rule — Department of Education ministration Regulations: Part 750- Applica- ting the Department’s final rule — Security Acquisition Regulation [Docket ID: ED-2010- tion Processing, Issuance, and Denial [Dock- Zones; Sabine Bank Channel, Sabine Pass OCFO-0015] (RIN: 1890-AA16) received March et No.: 110224164-1168-02] (RIN: 0694-AF16) re- Channel and Sabine-Neches Waterway, TX 9, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to ceived March 8, 2011, pursuant to 5 U.S.C. [Docket No.: USCG-2009-0316] (RIN: 1625- the Committee on Education and the Work- 801(a)(1)(A); to the Committee on Foreign Af- AA87) received March 18, 2011, pursuant to 5 force. 1080. A letter from the Assistant General fairs. U.S.C. 801(a)(1)(A); to the Committee on Counsel for Legislation, Regulation and En- 1089. A letter from the Senior Procurement Transportation and Infrastructure. ergy Efficiency, Department of Energy, Executive/Deputy Chief Acquisition Officer, 1097. A letter from the Attorney Advisor, transmitting the Department’s final rule — General Services Administration, transmit- Department of Homeland Security, transmit- Energy Conservation Program for Consumer ting the Administration’s final rule — Fed- ting the Department’s final rule — Draw- Products: Test Procedure for Microwave eral Acquisition Regulation; Disclosure and bridge Operation Regulations; New Jersey Ovens [Docket No.: EERE-2008-BT-TP-0011] Consistency of Cost Accounting Practices for Intracoastal Waterway, Manasquan River (RIN: 1904-AB76) received March 11, 2011, pur- Contracts Awarded to Foreign Concerns [CGD05-05-079] (RIN: 1625-AA09) received suant to 5 U.S.C. 801(a)(1)(A); to the Com- [FAC 2005-50; FAR Case 2009-025; Item VIII: March 16, 2011, pursuant to 5 U.S.C. mittee on Energy and Commerce. Docket 2010-0087, Sequence 1] (RIN: 9000- 801(a)(1)(A); to the Committee on Transpor- 1081. A letter from the Director, Regu- AL58) received March 16, 2011, pursuant to 5 tation and Infrastructure. latory Management Division, Environmental U.S.C. 801(a)(1)(A); to the Committee on 1098. A letter from the Attorney Advisor, Protection Agency, transmitting the Agen- Oversight and Government Reform. Department of Homeland Security, transmit- cy’s final rule — National Priorities List, 1090. A letter from the Senior Procurement ting the Department’s final rule — Safety Final Rule No. 51 [EPA-HQ-SFUND-2010-0072, Executive/Deputy Chief Acquisition Officer, Zone; 1000 yard radius from position 29 de- 0073, 0075, 0634, 0636, 0638, 0639, 0643, 0645, 0646; General Services Administration, transmit- grees 48.77 ’N 091 degrees 3.02 ’W, Charenton FRL-9277-8] (RIN: 2050-AD75) received March ting the Administration’s final rule — Fed- Drainage and Navigation Canal, St. Mary 10, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to eral Acquisition Regulation; Compensation Parish, LA [Docket No.: USCG-2010-0979] the Committee on Energy and Commerce. for Personal Services [FAC 2005-50; FAR Case (RIN: 1625-AA00) received March 18, 2011, pur- 1082. A letter from the Director, Regu- 2009-026; Item IX; Docket 2010-0088, Sequence suant to 5 U.S.C. 801(a)(1)(A); to the Com- latory Management Division, Environmental 1] (RIN: 9000-AL54) received March 16, 2011, mittee on Transportation and Infrastruc- Protection Agency, transmitting the Agen- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. cy’s final rule — National Emission Stand- mittee on Oversight and Government Re- 1099. A letter from the Chief, Trade and ards for Hazardous Air Pollutants for Chem- form. Commerical Regulations Branch, Depart- ical Manufacturing Area Source [EPA-HQ- 1091. A letter from the Senior Procurement ment of Homeland Security, transmitting OAR-2008-0334; FRL-9279-8] (RIN: 2060-AQ89) Executive/Deputy Chief Acquisition Officer, the Department’s final rule — Country of Or- received March 10, 2011, pursuant to 5 U.S.C. General Services Administration, transmit- igin of Textile and Apparel Products 801(a)(1)(A); to the Committee on Energy and ting the Administration’s final rule — Fed- [USCBP-2005-0009] (RIN: 1515-AD57) (For- Commerce. eral Acquisition Regulation; Federal Acqui- merly RIN: 1505-AB60) received March 14, 1083. A letter from the Director, Regu- sition Circular 2005-50; Small Entity Compli- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the latory Management Divison, Environmental ance Guide [Docket: FAR 2011-0077, Sequence Committee on Ways and Means. Protection Agency, transmitting the Agen- 2] received March 16, 2011, pursuant to 5 1100. A letter from the Chief, Trade and cy’s final rule — Approval of One-Year Ex- U.S.C. 801(a)(1)(A); to the Committee on Commercial Regulations Branch, Depart- tension for Attaining the 1997 8-Hour Ozone Oversight and Government Reform. ment of Homeland Security, transmitting Standard in the Baltimore Moderate Non- 1092. A letter from the Senior Procurement the Department’s final rule — Extension of attainment Area [EPA-R03-OAR-2010-0431; Executive/Deputy Chief Acquisition Officer, Import Restriction Imposed on Certain Ar- FRL-9278-8] received March 10, 2011, pursuant General Services Administration, transmit- chaeological and Ethnological Materials to 5 U.S.C. 801(a)(1)(A); to the Committee on ting The Administration’s final rule — Fed- from Colombia (RIN: 1515-AD73) received Energy and Commerce. eral Acquisition Regulation; Technical March 11, 2011, pursuant to 5 U.S.C. 1084. A letter from the Director, Regu- Amendments [FAC 2005-50; Item X; Docket 801(a)(1)(A); to the Committee on Ways and latory Management Division, Environmental 2011-0078; Sequence 1] received March 16, 2011, Means.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00084 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.003 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5353 1101. A letter from the Chief Counsel, De- By Mr. SULLIVAN (for himself, Mr. H.R. 1385. A bill to repeal the sugar price partment of the Treasury, transmitting the BOREN, Mr. LARSON of Connecticut, support program and marketing allotments Department’s final rule — Sale and Issue of Mr. BRADY of Texas, Mr. MCCAUL, Ms. for sugar, and for other purposes; to the Marketable Book-Entry Treasury Bills, SUTTON, Mr. GENE GREEN of Texas, Committee on Agriculture. Notes, and Bonds: Minimum Interest Rate Mr. SHUSTER, Mr. SIMPSON, Mr. BACH- By Mr. MARKEY (for himself, Mr. [Docket No.: BPD GSRS 11-01] received US, Mr. ALEXANDER, Mr. GRIMM, Mr. SMITH of New Jersey, Ms. BORDALLO, March 8, 2011, pursuant to 5 U.S.C. BURTON of Indiana, Mr. THOMPSON of Mr. BURGESS, Mrs. CHRISTENSEN, Mr. 801(a)(1)(A); to the Committee on Ways and Pennsylvania, Mr. LUJA´ N, Mr. CRITZ, GRIJALVA, Mr. MCDERMOTT, and Mr. Means. Mr. BISHOP of Georgia, Mr. CUELLAR, PIERLUISI): 1102. A letter from the Chief, Publications Mr. DOYLE, Ms. KAPTUR, Mr. KISSELL, H.R. 1386. A bill to amend title XVIII of the and Regulations Branch, Internal Revenue Mr. LIPINSKI, Mr. MATHESON, Mr. Social Security Act to provide for Medicare Service, transmitting the Service’s final rule MURPHY of Connecticut, Mr. ROSS of coverage of comprehensive Alzheimer’s dis- — Disclosure of Return Information in Con- Arkansas, Mr. LUCAS, Mr. WELCH, Mr. ease and related dementia diagnosis and nection with Written Contracts Among the COLE, Mr. MCINTYRE, Mr. BILBRAY, services in order to improve care and out- IRS, Whistleblowers, and Legal Representa- Mr. CULBERSON, Mrs. BLACKBURN, Mr. comes for Americans living with Alzheimer’s tives of Whistleblowers [TD 9516] (RIN: 1545- DONNELLY of Indiana, Mr. BOUSTANY, disease and related dementias by improving BG73) received March 16, 2011, pursuant to 5 Mr. FLEMING, Mr. CHANDLER, Mr. detection, diagnosis, and care planning; to U.S.C. 801(a)(1)(A); to the Committee on HALL, Mrs. CAPITO, Mr. JONES, Mr. the Committee on Energy and Commerce, Ways and Means. MURPHY of Pennsylvania, Mr. ROGERS and in addition to the Committee on Ways 1103. A letter from the Acting Protected of Alabama, Mr. PERLMUTTER, Mr. and Means, for a period to be subsequently Critical Infrastructure Information (PCII) ALTMIRE, Mr. GARDNER, Mr. CON- determined by the Speaker, in each case for Program Manager, Department of Homeland AWAY, Mr. RYAN of Ohio, Mr. SES- consideration of such provisions as fall with- Security, transmitting the Department’s SIONS, Mr. HOLT, Mr. TONKO, Mr. in the jurisdiction of the committee con- final rule — Procedures for Handling Critical SABLAN, Mr. PETERS, Ms. DEGETTE, cerned. Infrastructure Information (RIN: 1601-AA14) Mr. CAPUANO, Mr. COURTNEY, Mr. By Mr. MCHENRY (for himself, Mr. received March 9, 2011, pursuant to 5 U.S.C. CLAY, Mr. THOMPSON of California, ISSA, and Mr. ROSS of Florida): 801(a)(1)(A); to the Committee on Homeland Mr. LOEBSACK, Mr. BARTON of Texas, H.R. 1387. A bill to amend the Emergency Security. Mr. ISSA, Mr. GALLEGLY, Mr. HARPER, Economic Stabilization Act of 2008 to give 1104. A letter from the Director, Office of Mr. BISHOP of Utah, Mr. TERRY, Mr. the Special Inspector General oversight over SAFETY Act Implementation, Department COSTA, Mr. BARROW, Ms. FUDGE, Mr. the Small Business Lending Fund; to the of Homeland Security, transmitting the De- CLEAVER, Mr. SERRANO, Mr. WU, Mr. Committee on Financial Services. partment’s final rule — Regulations Imple- PASCRELL, Mr. SCALISE, Mrs. BONO By Mr. COFFMAN of Colorado (for menting the Support Anti-terrorism by Fos- MACK, Mr. BOSWELL, Mrs. LUMMIS, himself, Mr. PETERS, Mr. LATTA, Mrs. tering Effective Technologies Act of 2002 (the Mr. LANKFORD, Mr. REHBERG, and Mr. LUMMIS, and Mrs. MCMORRIS ROD- SAFETY Act) [USCG-2003-15425] (RIN: 1601- MARCHANT): GERS): AA15) received March 9, 2011, pursuant to 5 H.R. 1380. A bill to amend the Internal Rev- H.R. 1388. A bill to reestablish a competi- U.S.C. 801(a)(1)(A); to the Committee on enue Code of 1986 to encourage alternative tive domestic rare earths minerals produc- Homeland Security. energy investments and job creation; to the tion industry; a domestic rare earth proc- 1105. A letter from the Program Manager, Committee on Ways and Means, and in addi- essing, refining, purification, and metals Department of Health and Human Services, tion to the Committees on Science, Space, production industry; a domestic rare earth transmitting the Department’s final rule — and Technology, and Energy and Commerce, metals alloying industry; and a domestic Medicare Program; Revisions to the Reduc- for a period to be subsequently determined rare-earth-based magnet production industry tions and Increases to Hospitals’ FTE Resi- by the Speaker, in each case for consider- and supply chain in the Defense Logistics dent Caps for Graduate Medical Education ation of such provisions as fall within the ju- Agency of the Department of Defense; to the Payment Purposes [CMS-1430-IFC] (RIN: risdiction of the committee concerned. Committee on Science, Space, and Tech- 0938-AQ92) received March 14, 2011, pursuant By Mr. GEORGE MILLER of California nology, and in addition to the Committees to 5 U.S.C. 801(a)(1)(A); jointly to the Com- (for himself, Mr. LANGEVIN, Mr. on Natural Resources, and Armed Services, mittees on Ways and Means and Energy and POLIS, Mr. HOLT, Mr. HIMES, Mr. HAR- for a period to be subsequently determined Commerce. PER, Mr. SABLAN, Mr. KILDEE, Mr. by the Speaker, in each case for consider- GRIJALVA, Mr. LOEBSACK, Mr. HIN- f ation of such provisions as fall within the ju- CHEY, Mr. PAYNE, Mr. HINOJOSA, Mr. risdiction of the committee concerned. REPORTS OF COMMITTEES ON BISHOP of New York, Ms. WOOLSEY, By Mr. SMITH of New Jersey (for him- PUBLIC BILLS AND RESOLUTIONS Mrs. MCCARTHY of New York, Ms. self, Mr. WOLF, and Mr. MCCOTTER): HIRONO, and Mr. SCOTT of Virginia): H.R. 1389. A bill to prevent United States Under clause 2 of the rule XIII, re- H.R. 1381. A bill to prevent and reduce the businesses from cooperating with repressive use of physical restraint and seclusion in ports of committees were delivered to governments in transforming the Internet schools, and for other purposes; to the Com- the Clerk for printing and reference to into a tool of censorship and surveillance, to mittee on Education and the Workforce. the proper calendar, as follows: fulfill the responsibility of the United States By Mr. MCGOVERN (for himself and Government to promote freedom of expres- Mr. CAMP: Committee on Ways and Mrs. EMERSON): Means. H.R. 1232. A bill to amend the Inter- H.R. 1382. A bill to require the President to sion on the Internet, to restore public con- nal Revenue Code of 1986 to eliminate certain call a White House Conference on Food and fidence in the integrity of United States tax benefits relating to abortion; with an Nutrition; to the Committee on Agriculture. businesses, and for other purposes; to the amendment (Rept. 112–55). Referred to the By Mr. MILLER of Florida (for himself Committee on Foreign Affairs, and in addi- tion to the Committee on Energy and Com- Committee of the Whole House on the State and Mr. STUTZMAN): of the Union. H.R. 1383. A bill to temporarily preserve merce, for a period to be subsequently deter- Ms. FOXX: Committee on Rules. House higher rates for tuition and fees for pro- mined by the Speaker, in each case for con- Resolution 206. A resolution providing for grams of education at non-public institu- sideration of such provisions as fall within consideration of the bill (H.R. 1363) making tions of higher learning pursued by individ- the jurisdiction of the committee concerned. appropriations for the Department of De- uals enrolled in the Post-9/11 Educational As- By Mr. SHUSTER (for himself, Ms. fense for the fiscal year ending September 30, sistance Program of the Department of Vet- EDDIE BERNICE JOHNSON of Texas, and 2011, and for other purposes; and waiving a erans Affairs before the enactment of the Mr. HOLDEN): requirement of clause 6(a) of rule XIII with Post-9/11 Veterans Educational Assistance H.R. 1390. A bill to amend title 49, United respect to consideration of certain resolu- Improvements Act of 2010, and for other pur- States Code, to provide for enhanced motor- tions reported from the Committee on Rules poses; to the Committee on Veterans’ Af- coach safety, and for other purposes; to the (Rept. 112–56). Referred to the House Cal- fairs. Committee on Transportation and Infra- endar. By Mr. HELLER (for himself and Mr. structure, and in addition to the Committees on Energy and Commerce, Ways and Means, f BLUMENAUER): H.R. 1384. A bill to amend the Internal Rev- and Small Business, for a period to be subse- PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to temporarily increase the quently determined by the Speaker, in each investment tax credit for geothermal energy case for consideration of such provisions as Under clause 2 of rule XII, public property; to the Committee on Ways and fall within the jurisdiction of the committee bills and resolutions of the following Means. concerned. titles were introduced and severally re- By Mr. PITTS (for himself and Mr. By Mr. MCKINLEY (for himself, Mr. ferred, as follows: DAVIS of Illinois): WHITFIELD, Mr. RAHALL, Mr. HOLDEN,

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Mr. TERRY, Mrs. CAPITO, Mr. OLSON, GUTIERREZ, Mr. STARK, Mr. SCOTT of JONES, Ms. BALDWIN, Mr. BRALEY of Mr. BARTON of Texas, Mr. POMPEO, Virginia, Mr. PLATTS, Mr. CROWLEY, Iowa, Mr. BUTTERFIELD, Mr. CAPU- Mr. GIBBS, Mr. GUTHRIE, Mr. Mr. SERRANO, Ms. ESHOO, Ms. ROY- ANO, Mr. COHEN, Mr. CONYERS, Mr. KINZINGER of Illinois, Mrs. MCMORRIS BAL-ALLARD, Mr. HONDA, Ms. COOPER, Mr. COURTNEY, Mrs. DAVIS of RODGERS, Mr. CRITZ, Mr. MURPHY of SCHWARTZ, Ms. MOORE, Mrs. CAPPS, California, Ms. DELAURO, Mr. DOYLE, Pennsylvania, and Mr. GRIFFITH of Mr. PRICE of North Carolina, Mr. Ms. EDWARDS, Mr. ELLISON, Ms. Virginia): SHERMAN, Mr. BECERRA, Ms. ZOE LOF- ESHOO, Mr. FILNER, Mr. GRIJALVA, H.R. 1391. A bill to prohibit the Environ- GREN of California, Ms. DELAURO, Mr. Mr. HEINRICH, Mr. HINCHEY, Ms. mental Protection Agency from regulating SCHIFF, Mr. HEINRICH, Mr. RANGEL, HIRONO, Mr. HOLT, Mr. HONDA, Mr. fossil fuel combustion waste under subtitle C Mr. ROTHMAN of New Jersey, Mr. ISRAEL, Mr. JACKSON of Illinois, Mr. of the Solid Waste Disposal Act; to the Com- SIRES, Mr. BRADY of Pennsylvania, KUCINICH, Ms. LEE of California, Mr. mittee on Energy and Commerce. Mr. BOSWELL, Mr. BRALEY of Iowa, LEWIS of Georgia, Mr. LOEBSACK, Mr. By Mr. FITZPATRICK: Ms. CASTOR of Florida, Mr. LEVIN, LUJA´ N, Ms. MATSUI, Mr. MCDERMOTT, H.R. 1392. A bill to provide assistance to Mr. MCGOVERN, Mr. FATTAH, Mr. HIG- Mr. GEORGE MILLER of California, Mr. veterans and veteran-owned businesses with GINS, Mrs. NAPOLITANO, Ms. BERKLEY, MURPHY of Connecticut, Mr. NADLER, respect to contract opportunities, and for Mr. LUJA´ N, Mr. MICHAUD, Mr. WEI- Mr. OLVER, Mr. POLIS, Mr. ROTHMAN other purposes; to the Committee on Over- NER, Mr. HASTINGS of Florida, Ms. of New Jersey, Mr. SARBANES, Ms. sight and Government Reform. WOOLSEY, Ms. HIRONO, Mrs. BIGGERT, SCHAKOWSKY, Mr. SHERMAN, Mr. By Mr. BUCHANAN: Ms. NORTON, Ms. MCCOLLUM, Mr. VAN STARK, Mr. TONKO, Ms. TSONGAS, Ms. H.R. 1393. A bill to reform the Bureau of HOLLEN, Ms. PINGREE of Maine, Mr. WOOLSEY, and Mr. YARMUTH): Ocean Energy Management, Regulation and ENGEL, Ms. WASSERMAN SCHULTZ, Mr. H.R. 1404. A bill to reform the financing of Enforcement and offshore drilling for oil and LEWIS of Georgia, Mr. COHEN, Mr. House elections, and for other purposes; to gas, to repeal the limitation of liability of a DEUTCH, Mr. PASCRELL, Ms. WATERS, the Committee on House Administration. responsible party for discharge of oil from an Mr. KILDEE, Mr. INSLEE, Mr. LAN- By Mr. LATTA: offshore facility, and for other purposes; to GEVIN, Mr. SMITH of Washington, Mr. H.R. 1405. A bill to prohibit the Environ- the Committee on Natural Resources, and in LYNCH, Mr. NEAL, Mr. CUMMINGS, Mr. mental Protection Agency from regulating addition to the Committee on Transpor- LARSON of Connecticut, and Ms. coal combustion byproducts as hazardous tation and Infrastructure, for a period to be FUDGE): waste under subtitle C of the Solid Waste subsequently determined by the Speaker, in H.R. 1397. A bill to prohibit employment Disposal Act, and for other purposes; to the each case for consideration of such provi- discrimination on the basis of sexual ori- Committee on Energy and Commerce. sions as fall within the jurisdiction of the entation or gender identity; to the Com- By Mr. MATHESON (for himself and committee concerned. mittee on Education and the Workforce, and Mr. TERRY): By Mrs. CHRISTENSEN (for herself in addition to the Committees on House Ad- H.R. 1406. A bill to provide pet owners the ability to receive a copy of veterinary pre- and Mr. LOBIONDO): ministration, Oversight and Government Re- H.R. 1394. A bill to establish a comprehen- form, and the Judiciary, for a period to be scriptions, and for other purposes; to the Committee on Energy and Commerce. sive interagency response to reduce lung subsequently determined by the Speaker, in By Mr. RUNYAN (for himself and Mr. cancer mortality in a timely manner; to the each case for consideration of such provi- STUTZMAN): Committee on Energy and Commerce, and in sions as fall within the jurisdiction of the H.R. 1407. A bill to increase, effective as of addition to the Committees on Armed Serv- committee concerned. December 1, 2011, the rates of compensation ices, and Veterans’ Affairs, for a period to be By Mr. GRAVES of Missouri (for him- for veterans with service-connected disabil- subsequently determined by the Speaker, in self and Mr. KIND): ities and the rates of dependency and indem- each case for consideration of such provi- H.R. 1398. A bill to amend title XVIII of the nity compensation for the survivors of cer- sions as fall within the jurisdiction of the Social Security Act to treat certain provider tain disabled veterans, and for other pur- committee concerned. taxes as allowable costs for purposes of Medi- poses; to the Committee on Veterans’ Af- By Mr. COHEN (for himself, Mr. care reimbursements to critical access hos- fairs. CLARKE of Michigan, and Ms. MOORE): pitals; to the Committee on Ways and By Mr. YOUNG of Alaska (for himself, H.R. 1395. A bill to direct the Secretary of Means. Mr. PIERLUISI, Mr. FALEOMAVAEGA, Transportation to establish a grant program By Mr. GRIMM (for himself and Mr. Mr. SABLAN, Ms. BORDALLO, Mr. to assist the development of aerotropolis BISHOP of New York): BOREN, Mr. DENHAM, Mr. BENISHEK, transportation systems, and for other pur- H.R. 1399. A bill to amend the Internal Rev- Mr. LUJA´ N, and Ms. HANABUSA): poses; to the Committee on Transportation enue Code of 1986 to permanently extend and H.R. 1408. A bill to provide for the settle- and Infrastructure. expand the additional standard deduction for ment of certain claims under the Alaska Na- By Mr. CRITZ (for himself, Mr. HOL- real property taxes for nonitemizers; to the tive Claims Settlement Act, and for other DEN, and Mr. MCKINLEY): Committee on Ways and Means. purposes; to the Committee on Natural Re- H.R. 1396. A bill to amend the Workforce By Mr. HELLER (for himself, Ms. sources. Investment Act of 1998, to authorize a na- BERKLEY, and Mr. HECK): By Mr. WALSH of Illinois (for himself, tional grant program for on-the-job training; H.R. 1400. A bill to validate final patent Mr. BUCHANAN, Mr. HUELSKAMP, Mr. to the Committee on Education and the number 27-2005-0081, and for other purposes; BISHOP of Utah, Mr. CHAFFETZ, Mr. Workforce. to the Committee on Natural Resources. STUTZMAN, Mrs. HARTZLER, Mr. By Mr. FRANK of Massachusetts (for By Ms. KAPTUR: MARINO, Mr. REHBERG, Mrs. MCMOR- himself, Ms. ROS-LEHTINEN, Mr. H.R. 1401. A bill to amend the Federal Re- RIS RODGERS, Mr. BROOKS, Mr. GEORGE MILLER of California, Ms. serve Act to alter the terms and conditions FRANKS of Arizona, Mr. LANCE, Mr. PELOSI, Mr. HOYER, Mr. CONYERS, Ms. applicable to members of the Board of Gov- HELLER, and Mr. LABRADOR): BALDWIN, Mr. POLIS, Mr. CICILLINE, ernors of the Federal Reserve System, and H.J. Res. 54. A joint resolution proposing Mr. NADLER, Mr. ANDREWS, Ms. RICH- for other purposes; to the Committee on Fi- an amendment to the Constitution of the ARDSON, Mr. DOYLE, Ms. SPEIER, Mr. nancial Services. United States relative to balancing the budg- HOLT, Mrs. LOWEY, Mr. PETERS, Mr. By Mr. KILDEE (for himself, Mr. DIN- et; to the Committee on the Judiciary. ISRAEL, Ms. CHU, Mr. WU, Ms. GELL, Mr. LEVIN, Mr. RYAN of Ohio, By Mr. ISRAEL: DEGETTE, Mr. BERMAN, Mr. JACKSON Mr. HINCHEY, and Mr. PETERS): H. Res. 207. A resolution recognizing the of Illinois, Mr. ACKERMAN, Ms. H.R. 1402. A bill to authorize the Architect 150th anniversary of the start of the Amer- CLARKE of New York, Mr. TOWNS, Mr. of the Capitol to establish battery re- ican Civil War; to the Committee on Over- MCDERMOTT, Mr. GRIJALVA, Mrs. charging stations for privately owned vehi- sight and Government Reform. DAVIS of California, Mr. LOEBSACK, cles in parking areas under the jurisdiction f Mr. MORAN, Ms. TSONGAS, Mr. SAR- of the House of Representatives at no net BANES, Ms. LINDA T. SA´ NCHEZ of Cali- cost to the Federal Government; to the Com- CONSTITUTIONAL AUTHORITY fornia, Mr. KEATING, Mr. FILNER, Mr. mittee on House Administration. STATEMENT COOPER, Ms. SUTTON, Mr. QUIGLEY, By Mr. KINGSTON: Pursuant to clause 7 of rule XII of Mr. WAXMAN, Ms. LEE of California, H.R. 1403. A bill to authorize the Secretary the Rules of the House of Representa- Mr. CONNOLLY of Virginia, Mr. of the Interior to conduct a special resource tives, the following statements are sub- COURTNEY, Mr. LARSEN of Wash- study of Point Peter in St. Marys, Georgia, ington, Mr. HINCHEY, Mr. MARKEY, and for other purposes; to the Committee on mitted regarding the specific powers Mr. TIERNEY, Mr. OLVER, Mr. CAPU- Natural Resources. granted to Congress in the Constitu- ANO, Mr. FARR, Ms. SCHAKOWSKY, By Mr. LARSON of Connecticut (for tion to enact the accompanying bill or Mrs. MALONEY, Mr. DINGELL, Mr. himself, Ms. PINGREE of Maine, Mr. joint resolution.

VerDate Mar 15 2010 08:49 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR11\H06AP1.003 H06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 4 5355 By Mr. SULLIVAN: To regulate Commerce with foreign Na- By Ms. KAPTUR: H.R. 1380. tions, and among the several States, and H.R. 1401. Congress has the power to enact this legis- with the Indian Tribes. Congress has the power to enact this legis- lation pursuant to the following: By Mr. SHUSTER: lation pursuant to the following: Article(s) I, Section 8, Clause 1, Article I, H.R. 1390. Article 1 Section 8 Section 8, Clause 3 of the United States Con- Congress has the power to enact this legis- By Mr. KILDEE: stitution and the Sixteenth Amendment of lation pursuant to the following: H.R. 1402. the United States Constitution. Clause 3, of Section 8, of Article I of the Congress has the power to enact this legis- By Mr. GEORGE MILLER of Cali- Constitution. lation pursuant to the following: fornia: By Mr. MCKINLEY: Article I, Section 8, Clause 3: [The Con- H.R. 1381. H.R. 1391. gress shall have Power] To regulate Com- Congress has the power to enact this legis- Congress has the power to enact this legis- merce with foreign Nations, and among the lation pursuant to the following: lation pursuant to the following: several States, and with the Indian tribes; Art. 1 sec. 1 According to Article I, Section 8, Clause 3 By Mr. KINGSTON: Art. 1 sec. 3 of the Constitution: The Congress shall have H.R. 1403. Art. 1 sec. 8 power to enact this legislation to regulate Congress has the power to enact this legis- By Mr. MCGOVERN: commerce with foreign nations, and among lation pursuant to the following: H.R. 1382. the several states, and with the Indian Article 1, Section 8: The Congress shall Congress has the power to enact this legis- tribes. have Power To lay and collect Taxes, Duties, lation pursuant to the following: By Mr. FITZPATRICK: Imposts and Excises, to pay the Debts and Clause 1, Section 8, of Article 1, which H.R. 1392. provide for the common Defence and general gives Congress the power to provide for the Congress has the power to enact this legis- Welfare of the United States; but all Duties, general welfare. lation pursuant to the following: Imposts and Excises shall be uniform By Mr. MILLER of Florida: The authority to enact this bill is pursuant throughout the United States; H.R. 1383. to the Necessary and Proper Clause—Article By Mr. LARSON of Connecticut: Congress has the power to enact this legis- 1, Section 8, Clause 18 of the Constitution. H.R. 1404. lation pursuant to the following: By Mr. BUCHANAN: Congress has the power to enact this legis- Clauses 12, 13, 14, and 18 of Section 8 of Ar- H.R. 1393. lation pursuant to the following: ticle 1 of the Constitution Congress has the power to enact this legis- Article I, Section 4, Clause 1 By Mr. HELLER: lation pursuant to the following: The Times, Places and Manner of holding H.R. 1384. The constitutional authority on which this Elections for Senators and Representatives, Congress has the power to enact this legis- resolution rests is the power of Congress as shall be prescribed in each State by the Leg- lation pursuant to the following: enumerated in Article 1 Section 8 of the islature thereof; but Congress may at any Clause 1 of Section 8 of Article I of the United States Constitution. time make or alter such Regulations, except United States Constitution and Amendment By Mrs. CHRISTENSEN: as to the Place of chusing Senators. H.R. 1394. XVI of the United States Constitution. and By Mr. PITTS: Congress has the power to enact this legis- Article I, Section 8, Clause 3 H.R. 1385. lation pursuant to the following: The Congress shall have Power To regulate Congress has the power to enact this legis- The constitutional authority on which this Commerce with foreign Nations, and among lation pursuant to the following: bill rests is the power of Congress to enact the several States, and with the Indian Article I, Sect.8 bills pursuant to clause 1 of section 8 of arti- Tribes. By Mr. MARKEY: cle I of the Constitution. By Mr. LATTA: H.R. 1386. By Mr. COHEN: H.R. 1405. Congress has the power to enact this legis- H.R. 1395. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: Article I, Section 8, Clause 18 of the United lation pursuant to the following: This resolution is enacted pursuant to Ar- States Constitution. Article I, Section 8, Clause 3 of the United ticle I, Section 8, Clause of the United States By Mr. MCHENRY: States Constitution. Constitution. H.R. 1387. By Mr. CRITZ: By Mr. MATHESON: Congress has the power to enact this legis- H.R. 1396. H.R. 1406. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- Article 1, section 8, clause 1 (relating to lation pursuant to the following: lation pursuant to the following: the general welfare of the United States), Section 8 of Article 1 of the Constitution. Article I, Section 8, Clause 3. clause 3 (relating to the power to regulate By Mr. FRANK of Massachusetts: H.R. 1397. By Mr. RUNYAN: interstate commerce), and clause 18. Congress has the power to enact this legis- H.R. 1407. By Mr. COFFMAN of Colorado: lation pursuant to the following: Congress has the power to enact this legis- H.R. 1388. Clause 3 of section 8 of article I of the Con- lation pursuant to the following: Congress has the power to enact this legis- stitution; clause 18 of section 8 of article I of Article I, Section 8 of the Constitution of lation pursuant to the following: the Constitution; section 5 of Amendment the United States. The constitutional authorities on which XIV to the Constitution. By Mr. YOUNG of Alaska: this bill rests are: By Mr. GRAVES of Missouri: H.R. 1408. The power of Congress to make law regard- H.R. 1398. Congress has the power to enact this legis- ing the raising and supporting of armies and Congress has the power to enact this legis- lation pursuant to the following: to provide and maintain a navy, as enumer- lation pursuant to the following: Article IV, Section 3, Clause 2 and Article ated in Article I, Section 8, Clause 12 and 13 Article I, Section 8, Clause 3; and includ- 1, Section 8, Clause 3. of the United States Constitution; ing, but not solely limited to Article I, Sec- By Mr. WALSH of Illinois: And tion 8, Clause 14. H.J. Res. 54. The power of Congress to make law regard- By Mr. GRIMM: Congress has the power to enact this legis- ing the needful rules and regulations respect- H.R. 1399. lation pursuant to the following: ing the property of the United States, as Congress has the power to enact this legis- Article V of the United States Constitu- enumerated in Article IV, Section 3, Clause 2 lation pursuant to the following: tion. of the United States Constitution; Article I, Section 8, Clause I. f By Mr. HELLER: And H.R. 1400. ADDITIONAL SPONSORS The power of Congress to make law regard- Congress has the power to enact this legis- Under clause 7 of rule XII, sponsors ing providing for the general welfare of the lation pursuant to the following: United States, as enumerated in Article I, Article IV. Section 3. were added to public bills and resolu- Section 8, Clause 1 of the United States Con- The Congress shall have power to dispose tions as follows: stitution. of and make all needful rules and regulations H.R. 3: Mr. GUINTA, Mr. LEWIS of California By Mr. SMITH of New Jersey: respecting the territory or other property and Mr. HOLDEN. H.R. 1389. belonging to the United States; and nothing H.R. 23: Mr. WILSON of South Carolina and Congress has the power to enact this legis- in this Constitution shall be so construed as Mr. MURPHY of Connecticut. lation pursuant to the following: to prejudice any claims of the United States, H.R. 49: Mr. TERRY, Mr. WOLF, and Mr. Article I, Section 8, Clause 3 or of any particular state. SOUTHERLAND.

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H.R. 58: Mr. WESTMORELAND, Mr. FLORES, H.R. 876: Ms. EDDIE BERNICE JOHNSON of H.R. 1231: Mr. NUNNELEE, Mr. MCKEON, Mr. Mr. OWENS, Mr. YOUNG of Alaska, Mr. Texas. BURTON of Indiana, Mr. KLINE, Mr. GOOD- MARCHANT, Mr. BRADY of Texas, Mr. THORN- H.R. 890: Mr. WEST, Mr. SCHOCK, and Ms. LATTE, Mr. REHBERG, Mr. MCCLINTOCK, Mr. BERRY, Mrs. LUMMIS, Mr. ALEXANDER, Mr. BERKLEY. CANSECO, Mr. WOODALL, and Mr. ROE of Ten- SESSIONS, Mr. CONAWAY, Mr. FRANKS of Ari- H.R. 895: Mrs. MYRICK, Mr. HERGER, Mr. nessee. zona, and Mr. GRIFFITH of Virginia. GALLEGLY, and Mr. MARINO. H.R. 1234: Mr. BLUMENAUER and Mrs. H.R. 100: Mr. GARY G. MILLER of California H.R. 905: Mr. MCHENRY, Mr. JOHNSON of CHRISTENSEN. and Mr. DAVIS of Kentucky. Georgia, Mr. BRALEY of Iowa, and Mr. MIL- H.R. 1242: Mr. NADLER and Ms. BERKLEY. H.R. 104: Mr. FITZPATRICK, Mr. GRIFFIN of LER of North Carolina. H.R. 1250: Mr. SARBANES, Mr. GARAMENDI, Arkansas, and Mr. YOUNG of Alaska. H.R. 912: Mr. FILNER. Ms. ZOE LOFGREN of California, and Mr. H.R. 920: Mr. GARRETT, Mr. HUIZENGA of H.R. 110: Mr. HULTGREN. FRANK of Massachusetts. Michigan, Mr. WALBERG, Mr. DESJARLAIS, H.R. 111: Mr. GERLACH, Mr. FILNER, and Mr. H.R. 1262: Mr. CLEAVER, Mr. FRANK of Mas- Mr. POSEY, Mr. ROONEY, Mr. KINGSTON, Mr. MARKEY. sachusetts, and Mr. CARSON of Indiana. H.R. 158: Mr. ROSS of Florida and Mr. KING of Iowa, Mr. SOUTHERLAND, and Mr. H.R. 1270: Mr. ROGERS of Alabama and Mr. FORBES. FLORES. CARTER. H.R. 178: Mr. RIGELL and Mr. MCNERNEY. H.R. 926: Mr. COBLE. H.R. 1289: Mr. HASTINGS of Florida. H.R. 237: Mr. SIMPSON. H.R. 942: Mr. RIBBLE. H.R. 1291: Mrs. CHRISTENSEN, Mr. ALEX- H.R. 272: Mr. BACHUS. H.R. 943: Ms. MCCOLLUM. ANDER, and Mr. REHBERG. H.R. 303: Mr. MILLER of North Carolina. H.R. 964: Mr. ACKERMAN, Mr. RAHALL, Mr. H.R. 1297: Mr. BACHUS, Mr. BARLETTA, Mr. H.R. 308: Mr. LEWIS of Georgia and Mr. HOLT, and Mr. JACKSON of Illinois. BENISHEK, Mr. BISHOP of Utah, Mrs. BLACK, KEATING. H.R. 969: Mr. BOUSTANY. UCSHON URTON H.R. 324: Mr. BILBRAY. H.R. 990: Mr. BROUN of Georgia. Mr. B , Mr. B of Indiana, Mr. H.R. 373: Mr. FORBES. H.R. 991: Mr. FLORES and Mr. BROUN of DESJARLAIS, Mr. FORBES, Mr. GIBBS, Mr. H.R. 399: Mr. CAMPBELL. Georgia. GOSAR, Mr. HECK, Mr. HERGER, Mr. LOBI- H.R. 420: Mr. SESSIONS, Mr. ALEXANDER, H.R. 993: Mr. REHBERG. ONDO, Mr. LUETKEMEYER, Mrs. LUMMIS, Mr. Mr. THOMPSON of Pennsylvania, Mrs. LUM- H.R. 998: Mr. CLAY, Ms. FUDGE, and Mr. MCCLINTOCK, Mr. MCINTYRE, Mr. GARY G. MIS, Ms. GRANGER, Mr. GRIFFITH of Virginia, SABLAN. MILLER of California, Mrs. NOEM, Mr. H.R. 1005: Mr. SCHOCK. Mr. FRANKS of Arizona, and Mr. CONAWAY. PALAZZO, Mr. PEARCE, Mr. PENCE, Mr. REH- H.R. 1014: Mr. LOEBSACK. H.R. 431: Mr. BURGESS. BERG, Mr. ROGERS of Alabama, Mr. ROGERS of H.R. 1023: Mr. GOODLATTE. H.R. 432: Ms. TSONGAS. Michigan, Mr. SCHILLING, Mrs. SCHMIDT, Mr. H.R. 1040: Mr. NEUGEBAUER. H.R. 458: Mr. COHEN. SCOTT of South Carolina, Mr. STUTZMAN, Mr. H.R. 1041: Mr. WELCH, Mr. COSTELLO, Mr. H.R. 459: Mr. GRIFFIN of Arkansas and Mrs. THORNBERRY, Mr. TIBERI, Mr. TURNER, Mr. QUIGLEY, Mr. GRIFFITH of Virginia, Mr. BACHMANN. WALBERG, Mr. WITTMAN, and Mr. WOODALL. BISHOP of Utah, Mrs. MALONEY, Mrs. BLACK- H.R. 469: Mr. KILDEE. H.R. 1311: Ms. WASSERMAN SCHULTZ. BURN, Mr. MANZULLO, Mr. NUGENT, Ms. H.R. 470: Mr. HUNTER. H.R. 1317: Mr. MORAN. GRANGER, and Mr. GRIMM. H.R. 498: Mr. HURT. H.R. 1319: Mr. KUCINICH. H.R. 1058: Mr. BOUSTANY, Mr. ROSS of Flor- H.R. 529: Mr. FORBES. H.R. 1323: Mr. DUNCAN of Tennessee, Mr. ida, and Mr. MILLER of Florida. H.R. 530: Mr. CONYERS. LAMBORN, Mr. BISHOP of Utah, Mr. CHABOT, H.R. 1061: Mr. FORBES. H.R. 531: Ms. NORTON. Mr. CAMPBELL, Mr. GOSAR, Mr. BROOKS, Mr. H.R. 1065: Mr. LIPINSKI. H.R. 546: Mr. PITTS, Mr. LABRADOR, Mr. FRANKS of Arizona, Mr. TURNER, and Mr. H.R. 1089: Mr. STARK and Mr. PALLONE. SABLAN, Mr. WOLF, Mr. JOHNSON of Ohio, Mr. H.R. 1093: Mr. MARCHANT, Mr. YOUNG of AKIN. ALEXANDER, Ms. WOOLSEY, Mr. FORTEN- Alaska, Mr. BRADY of Texas, Mr. THORN- H.R. 1328: Ms. ROYBAL-ALLARD and Mr. BERRY, Mr. HARPER, and Mr. MANZULLO. BERRY, Mr. SESSIONS, Mr. STEARNS, Mr. HUN- KUCINICH. H.R. 547: Mr. POE of Texas. TER, Mr. ALEXANDER, Mr. CONAWAY, and Mr. H.R. 1341: Mr. HALL and Mr. WEBSTER. H.R. 563: Mr. BARLETTA. BURGESS. H.R. 1352: Mr. SABLAN. H.R. 593: Mr. MCKINLEY, Mr. PAUL, and Mr. H.R. 1113: Ms. CHU. H.R. 1371: Mr. CLARKE of Michigan and Ms. ARCHANT M . H.R. 1116: Ms. SUTTON. MOORE. H.R. 602: Mr. HINCHEY. H.R. 1159: Ms. EDDIE BERNICE JOHNSON of H.J. Res. 1: Mr. LABRADOR and Mr. SCOTT of H.R. 607: Mr. CRAVAACK and Mr. SHULER. Texas. South Carolina. H.R. 609: Mr. POE of Texas. H.R. 1167: Mr. SOUTHERLAND and Ms. FOXX. H.J. Res. 2: Mr. DOLD, Mr. FLEISCHMANN, H.R. 615: Mr. CONAWAY, Mr. SESSIONS, Mr. H.R. 1169: Ms. SUTTON. and Mr. LABRADOR. ALEXANDER, and Mr. ROHRABACHER. H.R. 1182: Mr. JORDAN, Mr. PRICE of Geor- H.J. Res. 13: Mr. HELLER, Mr. REED, Mr. H.R. 623: Ms. WILSON of Florida. gia, Mr. WALBERG, Mr. WALSH of Illinois, Mr. MANZULLO, and Mr. RAHALL. H.R. 645: Mr. MARCHANT, Mr. YOUNG of BROOKS, Mr. MULVANEY, Mr. LAMBORN, Mr. H. Con. Res. 18: Mr. AUSTRIA. Alaska, Mr. WESTMORELAND, Mrs. ELLMERS, BISHOP of Utah, Mr. FLEMING, Mr. KING of H. Con. Res. 31: Mr. GRIFFITH of Virginia. Mr. FLORES, Mr. THORNBERRY, Mrs. LUMMIS, Iowa, Mr. FLAKE, Mr. BARTLETT, Mr. H. Res. 25: Mr. SENSENBRENNER, Mr. AN- and Mr. ALEXANDER. STUTZMAN, Mr. DESJARLAIS, Mr. RIGELL, Mr. DREWS, Mr. WEST, Ms. HANABUSA, Ms. H.R. 651: Mr. HASTINGS of Florida. GINGREY of Georgia, Mr. HUIZENGA of Michi- GRANGER, and Mr. ROGERS of Alabama. H.R. 664: Mr. TERRY. gan, Mr. GOHMERT, and Mrs. BLACKBURN. H. Res. 60: Mr. ALTMIRE and Mr. BURTON of H.R. 673: Mr. WALBERG. H.R. 1186: Ms. JENKINS. Indiana. H.R. 674: Mr. COSTA, Mr. HANNA, Mr. H.R. 1187: Ms. HANABUSA. H. Res. 111: Mr. FILNER, Mr. HARPER, Mr. BISHOP of New York, and Mr. RUPPERS- H.R. 1211: Mr. MCCAUL and Mr. ROSS of BERGER. Florida. SARBANES, Mr. LAMBORN, and Mr. ELLISON. H.R. 680: Mr. HUNTER, Mr. WALBERG, Mrs. H.R. 1212: Mr. DEFAZIO and Mr. GRIFFITH of H. Res. 137: Mr. HOLT, Ms. BALDWIN, Ms. HARTZLER, and Mrs. BLACK. Virginia. BROWN of Florida, Ms. HANABUSA, Mr. ROE of H.R. 700: Mr. JOHNSON of Illinois. H.R. 1215: Mr. CHAFFETZ. Tennessee, Mr. THOMPSON of Mississippi, Mr. H.R. 718: Ms. LEE of California, Mr. LATOU- H.R. 1219: Mr. WEST, Mr. SHERMAN, Mr. ALTMIRE, Mr. SIRES, Mr. ROSS of Arkansas, RETTE, and Mr. SCHIFF. ROGERS of Alabama, and Mr. BRALEY of Iowa. Ms. DELAURO, Mr. LANGEVIN, Mr. PRICE of H.R. 721: Mr. REED, Mrs. MILLER of Michi- H.R. 1229: Mr. NUNNELEE, Mr. MCKEON, Mr. North Carolina, Mr. JONES, Mr. LOBIONDO, gan, Mr. WESTMORELAND, Mr. HOLDEN, Mr. BURTON of Indiana, Mr. KLINE, Mr. GOOD- Mr. RYAN of Ohio, Mr. LUCAS, Mr. KUCINICH, REHBERG, Mr. BUCSHON, and Mr. WALBERG. LATTE, Mr. REHBERG, Mr. MCCLINTOCK, Mr. Mr. CLEAVER, and Mr. FRANK of Massachu- H.R. 745: Mr. CASSIDY, Mr. CHAFFETZ, Mr. CANSECO, Mr. WOODALL, and Mr. ROE of Ten- setts. WILSON of South Carolina, Mr. STEARNS, and nessee. H. Res. 164: Mr. FORBES. Mr. HERGER. H.R. 1230: Mr. NUNNELEE, Mr. MCKEON, Mr. H. Res. 165: Mr. BRALEY of Iowa, Mr. PAS- H.R. 790: Mr. BLUMENAUER. BURTON of Indiana, Mr. KLINE, Mr. GOOD- CRELL, and Mr. CROWLEY. H.R. 812: Mr. WELCH and Mr. SMITH of New LATTE, Mr. REHBERG, Mr. MCCLINTOCK, Mr. H. Res. 179: Mr. MCGOVERN. Jersey. CANSECO, Mr. WOODALL, and Mr. ROE of Ten- H. Res. 180: Mr. GARRETT and Mr. JONES. H.R. 843: Mr. SCHILLING and Mr. MCINTYRE. nessee. H. Res. 193: Mr. WOLF.

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RECOGNIZING THE 2010–2011 CON- the families and friends was amazing and agencies to expedite the permitting process in GRESSIONAL YOUTH ADVISORY brought back memories from when I was order to increase the exploration and develop- COUNCIL FOR 500 HOURS OF OUT- that age. I also volunteered at Huffman Ele- ment of domestic rare earth elements, and the STANDING SERVICE TO THE mentary School’s Math Night where I super- vised math oriented games. Another place I legislation establishes a multi-agency Task COMMUNITY—SAMANTHA TODD earned service hours was at Mustang Creek Force to carry out this process. The legislation Nursing Home, where I played bingo and makes federally-backed loans available to HON. SAM JOHNSON talked with the residents. I have sincerely start rare earth production only when private OF TEXAS enjoyed the time I have spent at Mustang capital is not available. The bill sets-up a De- Creek and I plan on continuing to visit the IN THE HOUSE OF REPRESENTATIVES fense Logistics Agency rare earth domestic in- residents there. One of the longest events I ventory to generate a domestic market and fa- Wednesday, April 6, 2011 have volunteered in was at my church’s aide cilitate the domestic sourcing of rare earth al- station in Dallas’s Whiterock marathon. I Mr. SAM JOHNSON of Texas. Mr. Speaker, spent six and a half hours helping set up and loys and magnets. It establishes a rare earth it is my pleasure and privilege to inform the run the station. These volunteering experi- program at the U.S. Geological Survey, and it Members of the United States House of Rep- ences have changed my perspective and made require the various cabinet Secretaries appoint resentatives that the students of the 2010– me feel like a greater part of my commu- Executive Agents for rare earths. 2011 Congressional Youth Advisory Council, nity. In the future I plan on continuing to Our Nation must act to protect our security CYAC, from the Third District of Texas have volunteer in my community and help other interests with regard to rare earth elements. completed a total of 500 community service people. China is neither an ally of the United States hours, fulfilling and far-surpassing the require- —Samantha Todd nor is it a reliable trade partner when it comes ments of their assigned CYAC in the Commu- f to these strategic metals. nity service project. THE RESTART ACT My legislation has the support of the Coali- This year 46 students from public, private, tion for a Prosperous America, CPA, the and home schools in grades 10 through 12 United States Magnet Materials Association, made their voices heard by joining CYAC. As HON. MIKE COFFMAN USMMA, and their members who are most af- the Third District’s young ambassadors to OF COLORADO fected by the disruption in the rare earth met- Congress, these bright high school students IN THE HOUSE OF REPRESENTATIVES als market. met with me on a quarterly basis to discuss Wednesday, April 6, 2011 f current events and public policy. These im- Mr. COFFMAN of Colorado. Mr. Speaker, HONORING STAFF SERGEANT pressive young people recognize an important today I am introducing a bipartisan bill to avert JOSHUA S. GIRE truth: the heart of public service is found when a U.S. rare earth supply crisis by restoring our giving back to the community. CYAC students nation’s production of rare earth metals. This HON. STEVE AUSTRIA volunteered their time and talents with over 30 bill, the Rare Earths Supply-Chain Technology OF OHIO organizations including Adopt-A-Highway, and Resources Transformation Act of 2011 IN THE HOUSE OF REPRESENTATIVES Habitat for Humanity, Meals on Wheels, Teen (RESTART Act), would achieve this by rees- Court, and the USO, to name a few. As one tablishing a domestic rare earth industry in the Wednesday, April 6, 2011 student shared, ‘‘CYAC in the Community has United States. Mr. AUSTRIA. Mr. Speaker, while we can allowed me to realize my calling to serve Currently, the world is nearly 100 percent never fully express the depth of our apprecia- those in the U.S. Armed Forces.’’ I am beyond reliant on Chinese exports for these critical tion for those who give their lives to protect thrilled that CYAC has helped students un- materials and China’s trade policies of restrict- us, I rise today on behalf of the constituents leash their full potential and chase their ing rare earth exports pose a serious threat to of Ohio’s seventh congressional district to rec- dreams. both the economic and national security of the ognize and honor the life of Army Staff Ser- President George H.W. Bush once said, ‘‘A United States. China supplies about 95 per- geant Joshua S. Gire. volunteer is a person who can see what oth- cent of the world’s rare earth metals, used in Gire, 28, lived a purposeful life. He served ers cannot see; who can feel what most do everything from wind turbines, electric car bat- the United States with honor. Regrettably, it not feel. Often, such gifted persons do not teries, television sets, smart phones, and ad- was Staff Sergeant Gire’s duty as a soldier think of themselves as volunteers, but as citi- vanced weapons systems. Chinese officials defending the interests of this great country of zens—citizens in the fullest sense: partners in have announced a decision to cut exports of ours that lead to his death. He was killed in civilization.’’ rare earth metals by 35 percent in the first half combat in Afghanistan on March 22, 2011. With this statement as a benchmark, I am of 2011. The Chinese government-ordered re- Staff Sgt. Gire showed exceptional courage proud to congratulate the members of the duction in rare earth metals exports dem- and bravery while defending the United 2010–2011 Congressional Youth Advisory onstrates the urgent need for us to act to cor- States. Council for showing themselves to be out- rect our rare earth supply chain vulnerability. Joshua S. Gire graduated from Huntington standing young citizens of this nation. It is my I became alarmed early in 2009 when I High School in 2000 and enlisted in the Army privilege to submit summaries of their work to learned that many U.S. defense contractors in 2001, just prior to the terrorist attacks of the CONGRESSIONAL RECORD to be preserved rely heavily on Chinese exports of rare earth September 11th. This was Gire’s second de- for posterity and antiquity. To these young metals to make everything from night vision ployment to Afghanistan. He also served time public servants, thank you, and keep up the goggles, tanks, and fighter aircraft, to preci- in Iraq and Kosovo. Staff Sergeant Gire great work! I salute you! sion guided munitions. This reliance on China comes from a family dedicated to military serv- A copy of each submitted student summary poses a key vulnerability. ice. He followed his grandfather, a World War follows: My comprehensive, bipartisan legislation will II veteran, and father, a Vietnam veteran, into Volunteering in my community has been put in place mechanisms to assist U.S. com- the Army. one of the most rewarding experiences of my life. Each event provided me with a unique panies with meeting their needs for rare earth He had recently been promoted to Staff Ser- life experience and has added to my sense of metals and ensure our national security needs geant. Gire was based in Germany before his community. One of the events I volunteered are met in the near term. deployment to Afghanistan, where he lived at was Matthews Elementary School’s Fall The legislation does not waive environ- with his immediate family. Staff Sergeant Gire Carnival. Seeing the interactions between mental laws, but it directs appropriate federal is survived by his wife Jackie, as well as their

● 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 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5358 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 April 6, 2011 5-year-old son Nicolas and their daughter RECOGNIZING THE 2010-2011 CON- church. I played in the King’s Players for the Riley, who just turned 3. GRESSIONAL YOUTH ADVISORY Church on two different occasions. This gave Those who know Staff Sergeant Gire speak COUNCIL FOR 500 HOURS OF OUT- me an opportunity to give back to my highly of him, saying he is a role model to STANDING SERVICE TO THE church. —Zachary Stubblefield young children, and that he did his job and he COMMUNITY—ZACHARY did it right. My heart goes out to his widow STUBBLEFIELD and their children. Joshua S.Gire is a true f hero who will never be forgotten. HON. SAM JOHNSON HONORING MAX POMERANC Thus, today I ask my colleagues to join me OF TEXAS and the constituents of the Ohio’s seventh IN THE HOUSE OF REPRESENTATIVES congressional district in honoring the life and Wednesday, April 6, 2011 HON. ANTHONY D. WEINER memory of Staff Sergeant Joshua S. Gire. Mr. SAM JOHNSON of Texas. Mr. Speaker, OF NEW YORK f it is my pleasure and privilege to inform the IN THE HOUSE OF REPRESENTATIVES Members of the United States House of Rep- A TRIBUTE TO MR. BILL resentatives that the students of the 2010– Wednesday, April 6, 2011 SAMUELS, JR. 2011 Congressional Youth Advisory Council, CYAC, from the Third District of Texas have Mr. WEINER. Mr. Speaker, I rise today in HON. BRETT GUTHRIE completed a total of 500 community service recognition of Max Pomeranc. Mr. Pomeranc hours, fulfilling and far-surpassing the require- has been a member of my staff since 2007. OF KENTUCKY ments of their assigned CYAC in the Commu- For almost four years, he has served the IN THE HOUSE OF REPRESENTATIVES nity service project. United States Congress and the people of Wednesday, April 6, 2011 This year 46 students from public, private, Brooklyn and Queens with honor and distinc- and home schools in grades 10 through 12 tion. Mr. GUTHRIE. Mr. Speaker, I rise today to made their voices heard by joining CYAC. As Max is a native New Yorker who brought honor a great Kentuckian, Mr. Bill Samuels Jr. the Third District’s young ambassadors to On April 15, Mr. Samuels will retire as Presi- Congress, these bright high school students the characteristics associated with being a dent of Maker’s Mark Distillery in Loretto, Ky., met with me on a quarterly basis to discuss New Yorker to work with him every day: hard- leaving a legacy of old fashioned integrity and current events and public policy. These im- nosed determination, a keen sense of justice quality craftsmanship. pressive young people recognize an important and fairness, and a strong willed refusal to Our Commonwealth produces many incred- truth: the heart of public service is found when allow any of my constituents to get anything ible products. Along with Kentucky grown giving back to the community. CYAC students less than fierce advocacy and unyielding as- horses and tobacco, we are also known for volunteered their time and talents with over 30 sistance from my office. our fine bourbon. organizations including Adopt-A-Highway, Over his many years of service, Mr. Samuels has dedicated his career to Ken- Habitat for Humanity, Meals on Wheels, Teen Pomeranc helped secure millions of dollars for tucky’s signature industry, helping to make Court, and the USO, to name a few. As one the communities I represent. He worked with Kentucky bourbon world renowned and con- student shared, ‘‘CYAC in the Community has all levels of government to get the 9th district tributing so much to such a vital part of the allowed me to realize my calling to serve in New York as much funding as possible. Commonwealth’s heritage that provides thou- those in the U.S. Armed Forces.’’ I am beyond sands of jobs. thrilled that CYAC has helped students un- Max oversaw the operations in my office that A seventh-generation distiller, Samuels took leash their full potential and chase their protected the elderly and disabled, give a over the family business from his father, Bill dreams. voice in government to the disenfranchised, Samuels, Sr., who invented the Maker’s Mark President George H.W. Bush once said, ‘‘A and honored the sense among citizens that recipe. volunteer is a person who can see what oth- elected officials are here to help people, first Samuels followed his father’s lead in ers cannot see; who can feel what most do and foremost. crafting a superior product by continuing the not feel. Often, such gifted persons do not Max steered my district ship through many tradition of small, closely supervised produc- think of themselves as volunteers, but as citi- battles. There was an historic presidential tion—keeping the bottling to about 600,000 zens—citizens in the fullest sense: partners in election, budget battles with an all-time fever- cases per year, a fraction of most distilleries. civilization.’’ ish pitch, and the passing of the most sweep- With this statement as a benchmark, I am Though Samuels grew up around the bour- ing health care reform legislation since the proud to congratulate the members of the bon industry, playing Lincoln Logs with an creation of Medicare. aged Col. Jim Beam, he had other ideas for 2010–2011 Congressional Youth Advisory his future. Samuels played basketball in high Council for showing themselves to be out- This chapter of Max’s storied career gives school; however, he realized he was not very standing young citizens of this nation. It is my way to his next adventure, and I rise to give good. privilege to submit summaries of their work to him due recognition. He will be missed by his He then went to college at Case Western the CONGRESSIONAL RECORD to be preserved colleagues, my constituents, and by me. Reserve University where he studied rocket for posterity and antiquity. To these young science and solid propellants. When solid pro- public servants, thank you, and keep up the f pellants became obsolete, Samuels decided to great work! I salute you! attend law school at Vanderbilt University. A copy of each submitted student summary PERSONAL EXPLANATION When he finished law school, he returned to follows: Kentucky to work temporarily for his father, but I assisted with an Eagle Scout project at 13 years later he was still with the company, the Heritage Farmstead in Plano, Texas. The HON. RON KIND project consisted of planting eight trees and his father, Samuels, Sr., passed him the along a fence. This required digging holes OF WISCONSIN mantle of Maker’s Mark. about four feet deep and four feet wide. After IN THE HOUSE OF REPRESENTATIVES Of the Nation’s bourbon distilleries, Maker’s placing the trees in the holes, we had to fill Mark is the oldest distillery, continuously oper- the holes back up with soil, then place mulch Wednesday, April 6, 2011 ating on its own site. I am proud to represent around each tree, and finally water the trees. them here in Washington and look forward to I also played in the orchestra for the Christ- Mr. KIND. Mr. Speaker, I was unable to their continued success. mas performance at the Custer Road Meth- record my vote on the House floor during the odist Church. This allowed me to work with vote on H.R. 1246 on Monday, April 4, 2011 I ask my colleagues to join me in honoring some of the professionals in our community. Mr. Bill Samuels, Jr., for his dedication and This opportunity allowed me to gain more because of family commitments in Wisconsin. contributions to the Commonwealth of Ken- experience as a musician, as well as contrib- Had I been present, I would have voted in tucky. uting as a member of the orchestra for my favor of H.R. 1246 (Roll no. 225).

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 5359 RECOGNIZING THE 2010–2011 CON- I have learned how to speak with the dif- serve as a guidepost for the one who comes GRESSIONAL YOUTH ADVISORY ferent age groups, which has improved my after him. COUNCIL FOR 500 HOURS OF OUT- communication skills greatly. I also learned Steve will be sorely missed by the ACLU STANDING SERVICE TO THE how many teenagers take basic necessities and the countless people for whom he has for granted and that we should think of COMMUNITY—TINA SHARMA those less fortunate. There is nothing better fought so hard, but his work for the advance- than the feeling of giving back to the com- ment of civil liberties will continue to benefit us HON. SAM JOHNSON munity, not in one way, but in many! There all for many years. OF TEXAS is no better feeling that knowing that I f IN THE HOUSE OF REPRESENTATIVES helped the community by dedicating my time. HONORING BOB YOUNG Wednesday, April 6, 2011 —Tina Sharma Mr. SAM JOHNSON of Texas. Mr. Speaker, f HON. PETER WELCH it is my pleasure and privilege to inform the OF VERMONT Members of the United States House of Rep- HONORING STEPHEN M. BLOCK IN THE HOUSE OF REPRESENTATIVES resentatives that the students of the 2010– 2011 Congressional Youth Advisory Council, HON. CHRIS VAN HOLLEN Wednesday, April 6, 2011 CYAC, from the Third District of Texas have OF MARYLAND Mr. WELCH. Mr. Speaker, today I stand be- completed a total of 500 community service IN THE HOUSE OF REPRESENTATIVES fore you to honor Bob Young, the retiring hours, fulfilling and far-surpassing the require- Wednesday, April 6, 2011 president of Central Vermont Public Service. ments of their assigned CYAC in the Commu- In his time at CVPS, Bob led the company nity service project. Mr. VAN HOLLEN. Mr. Speaker, I rise today through a cultural, service and environmental This year 46 students from public, private, to honor my constituent, Stephen M. Block, transformation to the benefit of its customers and home schools in grades 10 through 12 who is retiring as Legislative Director of the and the Green Mountain State. He turned made their voices heard by joining CYAC. As American Civil Liberties Union for the National CVPS into a leaner, more responsive com- the Third District’s young ambassadors to Capital Area. pany that placed customer service, reliability Congress, these bright high school students Steve has demonstrated outstanding leader- and corporate citizenship as its cornerstones. met with me on a quarterly basis to discuss ship and integrity during his service with the When Bob assumed the presidency in 1995, current events and public policy. These im- ACLU. Throughout the past 17 years, Steve CVPS faced a host of challenges, from utility pressive young people recognize an important has worked tirelessly on a broad range of civil restructuring to rate pressures to low em- truth: the heart of public service is found when liberties matters in order to bring about a more ployee morale. CVPS was often perceived as giving back to the community. CYAC students fair and just society. out of touch with Vermont values, and regu- volunteered their time and talents with over 30 One of Steve’s most noteworthy accom- latory conflicts were common. organizations including Adopt-A-Highway, plishments was his work on the Sexual Of- Bob put an end, to ‘business as usual’ and Habitat for Humanity, Meals on Wheels, Teen fenders Registration Act (Megan’s Law). Steve transformed CVPS into a world-class utility, Court, and the USO, to name a few. As one identified numerous objectionable features that recognized by Forbes as one of 100 most student shared, ‘‘CYAC in the Community has would have discriminated against the lesbian, trustworthy companies in the U.S. Under allowed me to realize my calling to serve gay, bisexual, and transgender community. Bob’s leadership, CVPS won the Edison Elec- those in the U.S. Armed Forces.’’ I am beyond Thanks to his tireless efforts, the bill that was tric Institute’s Emergency Recovery Award thrilled that CYAC has helped students un- enacted was significantly improved. For his ef- three times. It is the nation’s smallest utility to leash their full potential and chase their fective and determined work on this law, Steve win it even once. dreams. received the Distinguished Service Award from Bob focused the company on reducing envi- President George H.W. Bush once said, ‘‘A the Gay and Lesbian Activists Alliance. ronmental impacts, improving wildlife habitats Steve also played an invaluable role in volunteer is a person who can see what oth- and creating the nation’s first manure-to-en- drafting and lobbying for the First Amendment ers cannot see; who can feel what most do ergy customer choice program. The Depart- Rights and Police Standards Act of 2004, not feel. Often, such gifted persons do not ment of Energy subsequently awarded CVPS which established a new regime for the exer- think of themselves as volunteers, but as citi- the 2009 Utility Green Power Program of the cise of First Amendment rights in the District. zens—citizens in the fullest sense: partners in Year. And he was integral to the passage of the civilization.’’ Bob made CVPS a model of corporate civic statute establishing the Office of Police Com- With this statement as a benchmark, I am engagement, providing leadership on a host of plaints. proud to congratulate the members of the community projects in Vermont, and orga- ACLU Executive Director Johnny Barnes 2010–2011 Congressional Youth Advisory nizing blood drives that have broken the New puts it well: Council for showing themselves to be out- England record three years in a row. standing young citizens of this nation. It is my Steve Block, in my view, cannot be re- Bob will leave a lasting legacy when he re- privilege to submit summaries of their work to placed. A combination of intellect, wisdom, vision, grit, gnash, and tenacity, this is one tires on May 3, 2011. Please join me today in the CONGRESSIONAL RECORD to be preserved thanking Bob Young for his leadership and in for posterity and antiquity. To these young gentle man with whom you don’t want to tangle. Do not be deceived by his soft eyes, wishing him and his wife, Vicky, the very best public servants, thank you, and keep up the ready smile and grandfather-like persona, in the next phase of their lives. great work! I salute you! this is one tough cowboy. A former Navy of- f A copy of each submitted student summary ficer and CIA and State Department em- follows: ployee, Steve reflects, in every respect, the PERSONAL EXPLANATION ‘‘We make a living by what we do, but we highest honor, unblemished integrity, and make a life by what we give.’’ This quote by flawless principle. Yet, while he is strong, he Winston Churchill describes me and my life. can be very sensitive. He has the capacity to HON. RON KIND Since the seventh grade, I have dedicated my address complex matters dispassionately, OF WISCONSIN time in volunteering for various organiza- and at the same time demonstrate appro- IN THE HOUSE OF REPRESENTATIVES tions that bring the community together. As priate compassion. He is easy to work with, Wednesday, April 6, 2011 teenagers, there are times when we are all yet unafraid to stand alone. He hears the call busy with homework or competition, but of Ghandi and respects the legacy of King. Mr. KIND. Mr. Speaker, I was unable to there is always a time where we have noth- Still, Steve happily follows, and readily have my votes recorded on the House floor on ing scheduled. It’s moments like these where leads. He is a brilliant thinker, a superb re- Tuesday, April 5, 2011 due to a flight delay I know that instead of watching television searcher, and a provocative and penetrating caused by mechanical difficulties. Had I been and being a couch potato, I could actually be writer. He has been the sage on our staff, one helping my community. I have volunteered who is always able to find a way to bring present, I would have voted in against the pre- at numerous school events, programs held by seemingly diametrically opposing forces to vious question motion on H. Res. 200 (Roll the Salvation Army, as well as activities at the same end. . . He cannot be replaced, his no. 226), against H. Res. 200 (Roll no. 227), retirement homes. Throughout my experi- impact will be felt well into the future. Yet, and in favor of approving the Journal (Roll no. ences with volunteering for these activities, at the same time, the imprint he leaves will 228).

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5360 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 April 6, 2011 RECOGNIZING THE 2010–2011 CON- with the more simple aspects of the judicial vice chairman of Carnegie Hall, a Trustee of GRESSIONAL YOUTH ADVISORY system, with the proper way to carry myself the Museum of Television and Radio, and a COUNCIL FOR 500 HOURS OF OUT- in a court of law, and with oratory skills member of the New York City Cultural Affairs STANDING SERVICE TO THE necessary for proper presentation of the cir- cumstances. As a Teen Attorney I defended/ Advisory Commission under former Mayor Ru- COMMUNITY—ANNA prosecuted the defendants, in order to give dolph W. Giuliani. He currently serves on the SHAPOVALOVA them a punishment, consisting of simple board of Thirteen and as a Trustee of Lenox court fees and community service. This com- Hill Hospital. HON. SAM JOHNSON munity service, with specialized hour ranged Mr. Baruch has balanced his distinguished being given for each offense. A panel of career and philanthropic work with an equally OF TEXAS peers, teenagers who have volunteered their impressive family life. He and his wife Jean IN THE HOUSE OF REPRESENTATIVES time to admonish a punishment that they have four daughters, Eve Baruch, Renee Ba- Wednesday, April 6, 2011 feel is fair to the miscreants. ruch, Alice Baruch, M.D., and Michele Baruch —Anna Shapovalova Mr. SAM JOHNSON of Texas. Mr. Speaker, Jeffery. Mr. Baruch is the author of an auto- f it is my pleasure and privilege to inform the biography, Television Tightrope—How I Es- Members of the United States House of Rep- HONORING RALPH M. BARUCH caped Hitler, Survived CBS and Fathered resentatives that the students of the 2010– Viacom, published in April 2007. 2011 Congressional Youth Advisory Council, HON. NITA M. LOWEY I urge my colleagues to join me in honoring a national broadcast media icon, Mr. Ralph CYAC, from the Third District of Texas have OF NEW YORK Baruch. completed a total of 500 community service IN THE HOUSE OF REPRESENTATIVES hours, fulfilling and far-surpassing the require- f Wednesday, April 6, 2011 ments of their assigned CYAC in the Commu- Mrs. LOWEY. Mr. Speaker, I rise to pay trib- HONORING CAPTAIN BRIAN nity service project. RINGER This year 46 students from public, private, ute to Ralph M. Baruch, who will receive the and home schools in grades 10 through 12 WNET Distinguished Service Award, and to made their voices heard by joining CYAC. As honor his pivotal role in American broadcast HON. TODD ROKITA the Third District’s young ambassadors to media. OF INDIANA Congress, these bright high school students Ralph Baruch has led a truly remarkable IN THE HOUSE OF REPRESENTATIVES met with me on a quarterly basis to discuss life. Born in Frankfurt, Germany, he fled as a Wednesday, April 6, 2011 young child from Nazi Germany to Paris. He current events and public policy. These im- Mr. ROKITA. Mr. Speaker, I rise today to again sought exile from France during the war pressive young people recognize an important recognize and congratulate an important mem- and on a three-month journey through France truth: the heart of public service is found when ber of Indiana’s Morgan County Sheriff’s De- he heroically transported his grandmother over giving back to the community. CYAC students partment. the Pyrenees Mountains. volunteered their time and talents with over 30 Captain Brian Ringer served the Morgan From an early age, Ralph understood the organizations including Adopt-A-Highway, County Sheriff’s Department with distinction, vital power of the free media to ensure a just Habitat for Humanity, Meals on Wheels, Teen integrity, and dedication. He consistently dem- and fair world. Following his immigration to the Court, and the USO, to name a few. As one onstrated the highest standards of outstanding United States in 1940, Mr. Baruch began his student shared, ‘‘CYAC in the Community has leadership and public service. long and distinguished career in communica- allowed me to realize my calling to serve Captain Ringer has been a trusted member tions in radio then joined the DuMont Tele- those in the U.S. Armed Forces.’’ I am beyond of the Morgan County Sheriff’s Department for vision Network in 1950. As television became thrilled that CYAC has helped students un- over 29 years and has played a central role in a force in the American lifestyle, he began a leash their full potential and chase their securing and protecting the citizens of Morgan long stint at CBS in 1954, then co-founded dreams. County. He left the Department on January 20 Viacom International Inc. and served as Presi- President George H.W. Bush once said, ‘‘A of this year to begin work as a fulltime instruc- dent and CEO from 1971 to 1983. During his volunteer is a person who can see what oth- tor with the Indiana Law Enforcement Acad- tenure, he played a role in establishing or ac- ers cannot see; who can feel what most do emy and will continue his dedication to public quiring some of the most popular cable net- not feel. Often, such gifted persons do not service. think of themselves as volunteers, but as citi- works in the nation including Lifetime, MTV, I am proud to honor Captain Brian Ringer in zens—citizens in the fullest sense: partners in Nickelodeon, The Movie Channel, and VH-1. recognition of his accomplishments, exemplary Events during Ralph’s formative years were civilization.’’ leadership, and outstanding contributions to perhaps the most poignant in history in dem- With this statement as a benchmark, I am the Morgan County Sheriff’s Department. onstrating the influence of media and the sup- proud to congratulate the members of the f 2010–2011 Congressional Youth Advisory pression of information on society. Perhaps Council for showing themselves to be out- that is why he sought to ensure an open gov- RECOGNIZING THE 2010–2011 CON- standing young citizens of this nation. It is my ernment and freedom of the press throughout GRESSIONAL YOUTH ADVISORY privilege to submit summaries of their work to his career, including by co-founding C-SPAN. COUNCIL FOR 500 HOURS OF OUT- the CONGRESSIONAL RECORD to be preserved He believed strongly in the public’s right to a STANDING SERVICE TO THE for posterity and antiquity. To these young real-time connection to our government’s pro- COMMUNITY—CAITLYN WOOLUM public servants, thank you, and keep up the ceedings and in the responsibility of our citi- great work! I salute you! zens to actively participate in our government. HON. SAM JOHNSON A copy of each submitted student summary C-SPAN has grown to provide unprecedented OF TEXAS follows: unedited coverage of government events IN THE HOUSE OF REPRESENTATIVES throughout the nation as well as cultural and For the 2010–2011 Congressional Youth Ad- Wednesday, April 6, 2011 visory Council year I participated in the educational opportunities, like literary discus- Plano Teen Court program. This program sions and materials for teachers and students. Mr. SAM JOHNSON of Texas. Mr. Speaker, deals with underage teenagers who have Mr. Baruch has already been honored with it is my pleasure and privilege to inform the committed class ‘‘C’’ misdemeanor, whether numerous awards for his leadership including Members of the United States House of Rep- it is a traffic violation, disturbance of class, an induction into the Cable Hall of Fame in resentatives that the students of the 2010— assault, or possession of drug paraphernalia. 2006, cable television industry’s highest honor, 2011 Congressional Youth Advisory Council To be able to participate in the role that I the Vanguard Award, their Chairman of the (CYAC) from the Third District of Texas have am honored enough to have been able to Year Award, and the International Radio & completed a total of 500 community service land, that is, the role of one of the most loved (or the most ill despised) people in the Television Society’s Gold Medal. hours, fulfilling and far-surpassing the require- court room (chiefly, rotating between the Mr. Baruch has also donated his time to a ments of their assigned CYAC in the Commu- prosecuting and defense attorney positions), number of important positions in his commu- nity service project. I had to undergo a training session. The nity to support public television and to promote This year 46 students from public, private, training was aimed at making me acquainted the history of broadcast media. He served as and home schools in grades 10 through 12

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 5361 made their voices heard by joining CYAC. As by his alma mater. On April 28, 2011, South ed the SACS Distinguished Service Award for the Third District’s young ambassadors to Carolina State University is dedicating Leroy his long-term service and commitment to Congress, these bright high school students Davis Sr. Hall, a science and research com- SACS. met with me on a quarterly basis to discuss plex, in honor of the former student who re- Dr. Davis holds membership in numerous current events and public policy. These im- turned to S. C. State as a professor and went professional and civic organizations, including pressive young people recognize an important on to serve as its eighth President. I can think the American Council on Education, Sigma Pi truth: the heart of public service is found when of no one more deserving of this honor. Phi Fraternity, the New York Academy of giving back to the community. CYAC students Leroy Davis was born in Garden City, South Science, and Rotary International. volunteered their time and talents with over 30 Carolina, and is a graduate of the old He also sits on a number of boards and organizations including Adopt-A-Highway, Wilkinson High School in Orangeburg. He at- commissions including the South Carolina Habitat for Humanity, Meals on Wheels, Teen tended South Carolina State College (now Governor’s School for Science and Mathe- Court, and the USO, to name a few. As one University) and graduated in 1971 with a B.S. matics Board of Trustees, the Jessie Ball Du- student shared, ‘‘CYAC in the Community has degree in Biology. The following year, he pont Fund Board of Trustees, the South- allowed me to realize my calling to serve earned a master’s degree in Microbiology from eastern Council of Foundations Board of those in the U.S. Armed Forces.’’ I am beyond Purdue University. In 1979, Dr. Davis received Trustees, the Mt. Calvary Baptist Church thrilled that CYAC has helped students un- his Ph.D. in Molecular Biology. Board of Trustees (Chairman) and the Purdue leash their full potential and chase their After earning his academic credentials, Dr. University College of Science Advisory Board. dreams. Davis returned to his roots and took a position He previously served on the boards of the Na- President George H.W. Bush once said, ‘‘A as an assistant professor of biology at South tional Collegiate Athletics Association, NCAA, volunteer is a person who can see what oth- Carolina State. He went on to become a full the Southern Association of Colleges and ers cannot see; who can feel what most do professor, and published numerous articles Schools, SACS, the South Carolina Aquarium, not feel. Often, such gifted persons do not and papers in general and technical journals. and the National Association for Equal Oppor- think of themselves as volunteers, but as citi- Dr. Davis continued to climb the profes- tunity in Higher Education, NAFEO. zens—citizens in the fullest sense: partners in sional ladder at South Carolina State, succes- Dr. Davis is the recipient of numerous hon- civilization.’’ sively holding positions as Program Director ors and awards, including South Carolina’s With this statement as a benchmark, I am for Talented and Gifted Workshops; Director of highest civilian award—the Order of the Pal- proud to congratulate the members of the Academic Counseling and Tutorial Programs; metto—and honorary degrees from Tuskegee 2010–2011 Congressional Youth Advisory Director of the Office of Institutional Self Stud- University, Francis Marion University, South Council for showing themselves to be out- ies; Vice Provost for Academic Administration; Carolina State University, and Purdue Univer- standing young citizens of this nation. It is my Vice President for Student Services; and In- sity. privilege to submit summaries of their work to terim President. Dr. Davis is married to the former Christine the CONGRESSIONAL RECORD to be preserved On April 10, 1996, Dr. Davis became Presi- McGill of Kingstree, South Carolina and they for posterity and antiquity. To these young dent of South Carolina State University by a have two adult children—Tonya and Leroy, public servants, thank you, and keep up the unanimous vote of the Board of Trustees. He Jr.—and five grandchildren. great work! I salute you! took over during a troubled time at the college, Mr. Speaker, I ask you and my colleagues A copy of each submitted student summary becoming the second president in just 3 years. to join me in congratulating Dr. Leroy Davis on follows: During his career at South Carolina State he an extraordinarily distinguished career in aca- This year on CYAC we were required to accrued a number of honors, including Out- demia. It is fitting that he is being recognized have five hours of community service. Being standing Young Men of America 1978, 1979 for his lifetime of contributions to South Caro- a busy senior with a huge to do list, I wrote and 1980; ‘‘Teacher of the Year’’ in 1985 and lina State University. I add my voice to those this off as yet another project and essay I South Carolina Business Visions Top 25 celebrating his commitment to his Alma Mater. was required to complete. Little did I know Influencers for 1997. It has been my honor to work closely with Dr. that I would be so impacted by my volun- After 6 years as President, Dr. Davis retired Davis, and I look forward to his continued con- teering for CYAC. It started with me helping from South Carolina State on June 30, 2002. clean up the trash and mess at my school. tributions to academia and society as a whole. Gross as it was, we made a difference at The highlights of his tenure include securing f school by getting more people involved in $10 million in federal funds for the James E. cleaning up our campus and helping to pre- Clyburn Transportation Center, renovations to HONORING ELIZABETH vent trash from being thrown everywhere so Lowman Hall, expansions of the Whittaker Li- OKERSTROM MURGUIA often. Then I decided to volunteer at Spring brary and Hodge Hall, improving Internet ac- Creek Gardens, an assisted living home and cessibility on campus and allowing students to HON. MIKE THOMPSON memory care facility. I volunteered with the register for classes by computer. He success- OF CALIFORNIA memory care patients, playing bingo, singing fully completed construction of the 1890 build- songs, helping a children’s choir, reading, IN THE HOUSE OF REPRESENTATIVES ing that had been mired in contractual dis- doing a bible study and mostly chatting with Wednesday, April 6, 2011 the patient’s whom did not have many visi- putes for years. tors because of their Alzheimer’s disease. I In addition, he secured $9.5 million for a Mr. THOMPSON of California. Mr. Speaker, was excited to see the growing smiles on fine arts center, oversaw enhancements to the I rise today to honor Elizabeth Okerstrom their faces as I chatted and heard stories of Smith-Hammond-Middleton Monument, and Murguia of Eureka, California on the occasion their kids and their long lives. I decided to erected an SHM historical marker for the three of her retirement after more than 35 years of continue volunteering each Sunday and help- students killed in the Orangeburg Massacre. extraordinary public service for the people of ing out as much as possible. Not only did He also led the effort to establish the Nuclear California’s North Coast. this project help me to make a difference in Born and raised in beautiful rural Mendocino my community, it made a difference in me Engineering program at S. C. State, the first as well. degree program of its kind at a historically County, Liz’s parents, Merle and Astrid —Caitlyn Woolum black college. Okerstrom, instilled in her a deep appreciation f Today, Dr. Davis serves as Executive Direc- for the important things in life: family, commu- tor of the Center of Excellence in Rural and nity, and civic engagement. From age 10 and TRIBUTE TO DR. LEROY DAVIS Minority Health and Distinguished Professor of on, Liz was raising ‘‘Dollars for Democrats’’ Biology at Voorhees College in Denmark, and serving in student government, paving the HON. JAMES E. CLYBURN South Carolina. He is also a leading consult- way for a long career in public service. OF SOUTH CAROLINA ant with the Southern Education Foundation’s Early visits to the Bookmobile growing up IN THE HOUSE OF REPRESENTATIVES Center to Serve HBCU Leadership Project. nurtured Liz’s lifelong passion for books and He is also very active with the Southern As- reading. Graduating from Sonoma State Uni- Wednesday, April 6, 2011 sociation of Colleges and Schools, SACS, and versity with a Bachelor of Arts degree in Mr. CLYBURN. Mr. Speaker, I rise today to has chaired many visiting committees, pre- English Literature in 1972, Liz quickly became pay tribute to one of South Carolina’s out- sented workshops and symposia, and served a committed and dynamic library advocate. standing academic leaders as he is honored on special committees. In 2002 he was award- She served on the Humboldt County Library

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5362 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 April 6, 2011 Construction Advisory Committee from 1979 RECOGNIZING THE 2010–2011 CON- form of the City of Frisco’s 11th Annual Gary through 1995, playing a central role in raising GRESSIONAL YOUTH ADVISORY Burns Fun Run. By setting up barriers, man- the funds to construct a new Main Library for COUNCIL FOR 500 HOURS OF OUT- aging the obstruction-free race route, and STANDING SERVICE TO THE controlling the restless spectators, I was the Humboldt County Public Library system. In able to contribute to Frisco’s biggest event 1991, she was appointed as a California Dele- COMMUNITY—SEAN WHITNEY and one of the nation’s largest ‘‘fun runs.’’ gate to the White House Conference on Li- Additionally, I learned that the nature of braries in Washington, DC. As Co-Founder HON. SAM JOHNSON servant leadership necessitates actively and President of the Humboldt Library Foun- OF TEXAS looking for needs in the community or in an dation since 1996, Liz was the recipient of its IN THE HOUSE OF REPRESENTATIVES individual. distinguished Helen Everett Award in 2006 in Wednesday, April 6, 2011 —Sean Whitney recognition of 25 years of tireless work on be- half of public libraries. In 2008, Liz was also Mr. SAM JOHNSON of Texas. Mr. Speaker, f appointed to serve on the Library of California it is my pleasure and privilege to inform the Board to ensure that all Californians have ac- Members of the United States House of Rep- PERSONAL EXPLANATION cess to library resources and services for life- resentatives that the students of the 2010– long learning and enrichment. 2011 Congressional Youth Advisory Council, HON. DAVID LOEBSACK Following her graduation from college, Liz CYAC, from the Third District of Texas have worked for Zero Population Growth in Wash- completed a total of 500 community service OF IOWA ington DC., after which she returned to Cali- hours, fulfilling and far-surpassing the require- IN THE HOUSE OF REPRESENTATIVES ments of their assigned CYAC in the Commu- fornia and began working for former State Wednesday, April 6, 2011 Senator and Assemblyman Barry Keene in nity service project. 1975, where she remained for 18 years. This year 46 students from public, private, Mr. LOEBSACK. Mr. Speaker, I mistakenly In 1993, I was honored that Liz joined my and home schools in grades 10 through 12 cast my vote on rollcall vote No. 209 on Rep- State Senate staff as District Representative made their voices heard by joining CYAC. As resentative DEFAZIO’s Amendment No. 9 to and then my Congressional staff in 1998, the Third District’s young ambassadors to H.R. 658 as a ‘‘no’’ vote. I intended to cast an serving as my representative for Humboldt Congress, these bright high school students ‘‘aye’’ vote on this measure. and Del Norte Counties in the United States met with me on a quarterly basis to discuss Congress. Throughout the past 18 years, Liz current events and public policy. These im- f has proven herself to be an invaluable asset, pressive young people recognize an important trusted adviser, and cherished friend. She is a truth: the heart of public service is found when RECOGNIZING ROGER KIRWIN creative and effective problem solver with a giving back to the community. CYAC students breadth of knowledge of public policy and volunteered their time and talents with over 30 HON. BILL SHUSTER local issues relating to health care, education, organizations including Adopt-A-Highway, community development, and working with Na- Habitat for Humanity, Meals on Wheels, Teen OF PENNSYLVANIA tive American Tribes. Liz also has a devel- Court, and the USO, to name a few. As one IN THE HOUSE OF REPRESENTATIVES student shared, ‘‘CYAC in the Community has oped expertise in understanding and solving Wednesday, April 6, 2011 the North Coast’s wide range of natural re- allowed me to realize my calling to serve source issues, including public land manage- those in the U.S. Armed Forces.’’ I am beyond Mr. SHUSTER. Mr. Speaker, I rise today to ment, timber, salmon restoration, and ocean thrilled that CYAC has helped students un- recognize Mr. Roger Kirwin of Everett for resources. leash their full potential and chase their being named Bedford County’s Historian of Liz is a masterful writer and fundraiser, well dreams. the Year for 2011 by the Bedford County His- known and deeply respected by the commu- President George H.W. Bush once said, ‘‘A torical Society. nity. Her impact has been far-reaching through volunteer is a person who can see what oth- Mr. Kirwin is commended for his efforts in her service on many boards and committees ers cannot see; who can feel what most do preserving, protecting, and documenting the such as the Open Door Community Health not feel. Often, such gifted persons do not history and heritage of Bedford County and its Clinics Board, Keep Eureka Beautiful Board, think of themselves as volunteers, but as citi- people. zens—citizens in the fullest sense: partners in St. Joseph’s Hospital Advocacy Committee, The Historian of the Year Committee se- civilization.’’ Humboldt County Democratic Central Com- lected Roger in recognition of his contributions mittee, Aligning Forces 4 Quality Care Leader- With this statement as a benchmark, I am proud to congratulate the members of the to the historical programs at Old Bedford Vil- ship Team, and Timber Heritage Museum Ad- lage. Throughout his term as Executive Direc- visory Council. She has also previously served 2010–2011 Congressional Youth Advisory Council for showing themselves to be out- tor he enhanced many of the already existing on the North Coast Regional Land Trust Advi- programs and added many new programs to sory Council, Humboldt Child Care Council, standing young citizens of this nation. It is my privilege to submit summaries of their work to the Village’s calendar. Women’s Resources For Work Board, and the Roger has helped provide resources for North Coast Pro-Choice Pac Board. In 1988, the CONGRESSIONAL RECORD to be preserved for posterity and antiquity. To these young educational programs for use by local schools. Liz was selected as Democrat of the Year by He also routinely takes educational materials the Humboldt County Democratic Central public servants, thank you, and keep up the great work! I salute you! to schools in the county to make presentations Committee. on various topics of interest in the county. Liz is fortunate to be surrounded by a large A copy of each submitted student summary Roger has often provided programs for senior circle of loving family and lifelong friends. She follows: citizens, civil groups, and organizations such shared 30 years with the great love of her life, For my mandatory service project, ‘‘CYAC as the Rotary Club, Lions, churches and her late husband Sef, with whom she shares in the Community,’’ I had the distinct privi- lege of serving my community both phys- Scouts. four children, Todd, Dana, Adam, and Michael, ically and intellectually. Specifically, I, on and nine grandchildren. Liz has a deep appre- These events have always been exceptional behalf of the Frisco Blackbird Squadron of and well-received by locals and the many tour- ciation for the arts and music, and is known The Civil Air Patrol, was a road guard for for her warm and welcoming nature as a host- Frisco’s annual Gary Burns Fun Run as well ists who come to participate. Not only did he ess of frequent dinner parties, as well as as a tutor for many of my fellow peers. My plan these events, but he has been a part of being a passionate gardener, how she spends intellectual service presented itself in the the many re-enactments and programs. much of her time. form of tutoring. During what was, for many, Roger’s visits to the schools and youth or- Mr. Speaker, it is appropriate at this time the most stressful time academically of the ganizations of Bedford County to educate whole year, I was repeatedly asked to help that we acknowledge Elizabeth Okerstrom young people on county history are greatly ap- the stuggling with certain tough concepts. I preciated. Murguia for her 35-plus years of dedicated gladly agreed and spent time that I could service and extend our best wishes for a well- have used to study for my tests in order to Mr. Kirwin’s enthusiasm for the history and deserved retirement. She will be greatly prepare them. My physical service was given heritage of Bedford County is admirable and I missed. in the name of the entire community in the commend him for his efforts.

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 5363 HONORING FISHER/NIGHTINGALE Members of the United States House of Rep- RESTORING GI BILL FAIRNESS HOUSES resentatives that the students of the 2010– ACT OF 2011 2011 Congressional Youth Advisory Council, HON. STEVE AUSTRIA CYAC, from the Third District of Texas have HON. JEFF MILLER OF OHIO completed a total of 500 community service OF FLORIDA IN THE HOUSE OF REPRESENTATIVES hours, fulfilling and far-surpassing the require- IN THE HOUSE OF REPRESENTATIVES Wednesday, April 6, 2011 ments of their assigned CYAC in the Commu- Wednesday, April 6, 2011 nity service project. Mr. AUSTRIA. Mr. Speaker, I rise today on Mr. MILLER of Florida. Mr. Speaker, today, behalf of the constituents of Ohio’s Seventh This year 46 students from public, private, I have introduced the Restoring GI Bill Fair- Congressional District to recognize and cele- and home schools in grades 10 through 12 ness Act of 2011. brate the grand opening of the new Fisher made their voices heard by joining CYAC. As This bill will temporarily authorize the De- House located on Wright-Patterson Air Force the Third District’s young ambassadors to partment of Veterans Affairs, VA, to pay tuition Base Ohio. Congress, these bright high school students and fees on behalf of eligible veterans attend- Wright-Patterson Air Force Base is the birth- met with me on a quarterly basis to discuss ing non-public education and training institu- place, home, and future of aerospace, but current events and public policy. These im- tions in an amount that is the greater of most people are not aware that it is also the pressive young people recognize an important $17,500, or the maximum in-state rate for un- birthplace of compassionate care housing in truth: the heart of public service is found when dergraduate tuition and fees in effect on Octo- ber 27, 2010. the Department of Defense. The base opened giving back to the community. CYAC students Mr. Speaker, this temporary change would the Nightingale house in May of 1990 by con- volunteered their time and talents with over 30 prevent students who have already enrolled in verting a base house, making it the first com- organizations including Adopt-A-Highway, non-public schools from experiencing a reduc- passionate care house in all of DoD. Habitat for Humanity, Meals on Wheels, Teen tion in tuition and fees paid by VA on their be- In 1991, Zach and Elizabeth Fisher were Court, and the USO, to name a few. As one asked to build one Ronald McDonald type half due to changes made under Public Law student shared, ‘‘CYAC in the Community has 111–377, the Post-9/11 Veterans Educational house at Bethesda Naval Medical Center, allowed me to realize my calling to serve Maryland. What started as a request to build Assistance Improvements Act of 2010. those in the U.S. Armed Forces.’’ I am beyond Under the original Post 9/11 GI Bill passed one house has blossomed into a network of thrilled that CYAC has helped students un- in 2008, the maximum tuition and fees paid to 53 compassionate care locations world-wide. leash their full potential and chase their any school—public or private—was equal to Although both Zach and Elizabeth have dreams. the highest in-state rate for undergraduate tui- passed on, their legacy continues today tion and fees. Most students attending private through their nephews and grandnephews. President George H.W. Bush once said, ‘‘A institutions in a few states with high public The Wright-Patterson AFB Fisher and Night- volunteer is a person who can see what oth- school tuition and fees like New York, Michi- ingale Houses provide an opportunity for ers cannot see; who can feel what most do gan, and Texas receive more assistance wounded, injured, and ill military men and not feel. Often, such gifted persons do not under the state-based formula than they will women and their families to stay together and think of themselves as volunteers, but as citi- beginning next August under the $17,500 per support each other while undergoing medical zens—citizens in the fullest sense: partners in year cap required by Public Law 111–377. treatment. Guests do not pay for their stay in civilization.’’ Such was the expectation of those who en- one of the homes. Furthermore, each house With this statement as a benchmark, I am rolled in private schools before the changes has a wonderful staff and volunteers who pro- were made. I believe it is only fair to ‘‘grand- vide loving support and ensure all of their proud to congratulate the members of the father’’ those veterans who, through no fault of needs are met. In 2010, the two Wright-Patter- 2010–2011 Congressional Youth Advisory Council for showing themselves to be out- their own, were adversely affected. son AFB houses assisted more than 600 fami- I am pleased to note that this bill is fully lies from all branches and components of our standing young citizens of this nation. It is my privilege to submit summaries of their work to paid for in compliance with House rules. The Armed Forces, and more than 10,000 families offsets required by this bill are preliminarily es- since the opening of the first home nearly 22 the CONGRESSIONAL RECORD to be preserved for posterity and antiquity. To these young timated to be about $105 million and will be years ago. covered by a temporary, short-term freeze in The new Fisher home opening today is a public servants, thank you, and keep up the the monthly Post 9/11 GI Bill housing stipend 10,000 square foot single story home, with 12 great work! I salute you! amounts at the current level for a period of 30 bedrooms, 12 handicapped accessible bath- A copy of each submitted student summary months beginning August 1, 2011. After that rooms, formal living room, large family room, follows: period, the monthly housing stipend will be re- large kitchen and dining room, and expanded For my volunteer work, I went to Truett stored to the full rate in effect at that time. laundry facilities. This new home will give Mr. Speaker this is a temporary, but impor- Wright-Patterson an additional 1,460 bed Elementary School on three occasions. Dur- ing my time there, I got to work with under- tant fix to the GI Bill that will benefit hundreds nights a year, bringing the entire capacity to privileged kids in their after-school program, of veterans in several states and I encourage 7,665 bed nights a year. because many of the children have working all Members to cosponsor the bill. Thus, today I ask my colleagues to join me parents who cannot pick them up from f and the constituents of the Ohio’s Seventh school until 2 hours after the school day Congressional District in celebrating the grand ends. Depending on the day and time, I IRAN’S NUCLEAR PROGRAM opening of Wright-Patterson AFB’s new Fisher would help with homework for the day, do House and Compassionate Care Facility. arts and crafts, and play with the kids on the HON. TOM REED f playground. Each time, I made friends with OF NEW YORK the kids and helped them in some way or an- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE 2010–2011 CON- other, whether it was walking with them to GRESSIONAL YOUTH ADVISORY the bathroom or teaching them how to do Wednesday, April 6, 2011 COUNCIL FOR 500 HOURS OF OUT- their math homework. Much of the after- Mr. REED. Mr. Speaker, I rise today be- STANDING SERVICE TO THE school program is run by volunteers, and cause the threat posed by a nuclear armed COMMUNITY—JILL WALLER without all of us the teachers would not be Iran poses an unacceptable risk to the United able to have as many activities for the chil- States and our close ally Israel. dren or be able to control all of them. This It is clear that Iran is not pursuing a purely HON. SAM JOHNSON experience showed me how well I had it as a OF TEXAS child, as well as how young children in our civilian nuclear program, but rather one that is IN THE HOUSE OF REPRESENTATIVES community need people to look up to and designed to further their ability to access and utilize nuclear weapons. This is supported by Wednesday, April 6, 2011 help them. I plan on going back to Truett at least once a week if I can, and continuing to our country’s military and intelligence leaders. Mr. SAM JOHNSON of Texas. Mr. Speaker, help all of the children with their work. Chairmen of the Joint Chiefs of Staff Adm. Mi- it is my pleasure and privilege to inform the —Jill Waller chael Mullen said he doesn’t believe ‘‘for a

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SAM JOHNSON With enough low-enriched nuclear material OF TEXAS President of Georgetown to coordinate the to produce three nuclear bombs, Iran could be IN THE HOUSE OF REPRESENTATIVES university’s response to this tragedy. Working at most two or three years away from a nu- Wednesday, April 6, 2011 clear weapon. They are also developing the closely with congressional leaders and aides, capacity to stockpile highly enriched nuclear Father Currie successfully organized a number Mr. SAM JOHNSON of Texas. Mr. Speaker, material. of educational programs at Georgetown and it is my pleasure and privilege to inform the Quite simply, United States policy must re- participated in the extensive Congressional re- Members of the United States House of Rep- resentatives that the students of the 2010– main focused on preventing Iran from acquir- sponse to block military aid to El Salvador. ing a nuclear weapon. I believe that sanctions 2011 Congressional Youth Advisory Council remain the best tool at our disposal to peace- In 1997, following several years serving as (CYAC) from the Third District of Texas have fully persuade Iran to abandon its reckless de- Rector of the Jesuit Community at Saint Jo- completed a total of 500 community service fiance of international law. seph’s University in Philadelphia, Father hours, fulfilling and far-surpassing the require- While existing sanctions from the U.S. and Currie took the reins as president of the ments of their assigned CYAC in the Commu- the international community had achieved a AJCU. Under his leadership, the AJCU has nity service project. crippling effect on the Iranian economy, I be- implemented numerous initiatives to increase This year 46 students from public, private, lieve that our sanctions should be tougher to the free flow of information and communica- and home schools in grades 10 through 12 made their voices heard by joining CYAC. As keep pressure on the Iranian leadership. This tion between the 28 member institutions of the includes sanctioning foreign banks and energy the Third District’s young ambassadors to Association. The development of the Jesuit Congress, these bright high school students companies. Distance Education Network (JesuitNET) has The choice is ours: we must continue to en- met with me on a quarterly basis to discuss earned national acclaim, receiving two federal gage the international community and do ev- current events and public policy. These im- erything in our power to protect our vital ally grants and selection by the U.S. Department pressive young people recognize an important Israel. of Education to participate in the Distance truth: the heart of public service is found when giving back to the community. CYAC students f Education Demonstration Program. Similarly, the creation of the AJCU Leadership Develop- volunteered their time and talents with over 30 RECOGNIZING REV. CHARLES L. ment Seminar, the promotion of mission and organizations including Adopt-A-Highway, CURRIE, S.J. identity activities, and the concerted effort to Habitat for Humanity, Meals on Wheels, Teen promote the education of justice have com- Court, and the USO, to name a few. As one student shared, ‘‘CYAC in the Community has HON. TIMOTHY H. BISHOP bined to significantly enhance the coordination OF NEW YORK allowed me to realize my calling to serve of Association goals among member institu- those in the U.S. Armed Forces.’’ I am beyond IN THE HOUSE OF REPRESENTATIVES tions. thrilled that CYAC has helped students un- Wednesday, April 6, 2011 Perhaps Father Currie’s greatest accom- leash their full potential and chase their Mr. BISHOP of New York. Mr. Speaker, I plishment as president of the AJCU arose out dreams. rise today to offer my heartfelt congratulations of tragedy. In 2005, following the Hurricane President George H.W. Bush once said, ‘‘A to a dear friend, Rev. Charles L. Currie, S.J., Katrina catastrophe, Father Currie organized a volunteer is a person who can see what oth- ers cannot see; who can feel what most do on his retirement from the presidency of the rapid response from the AJCU members to not feel. Often, such gifted persons do not Association of Jesuit Colleges and Universities admit over 1,600 students from Loyola Univer- (AJCU). think of themselves as volunteers, but as citi- sity New Orleans and other affected area uni- For over four decades, Father Currie has zens—citizens in the fullest sense: partners in served as a tireless advocate of independent versities. By allowing the affected students to civilization.’’ higher education. His passion and dedication continue their studies before returning to the With this statement as a benchmark, I am have had a tremendous influence on the lives Gulf area in the spring semester, the students proud to congratulate the members of the of countless students through his multiple were able to maintain uninterrupted instruction 2010–2011 Congressional Youth Advisory roles as an educator, spiritual leader, and hu- and remain on track for timely graduation. Council for showing themselves to be out- standing young citizens of this nation. It is my manitarian. A true renaissance man, Father Mr. Speaker, I applaud Father Currie for his privilege to submit summaries of their work to Currie has personified the AJCU mission of immeasurable contributions to the cause of leading a meaningful life of leadership and the CONGRESSIONAL RECORD to be preserved higher education and I congratulate him on his service. for posterity and antiquity. To these young A product of the Jesuit system, Father well earned retirement following a distin- public servants, thank you, and keep up the Currie earned degrees from Fordham Univer- guished career of service and advocacy. In great work! I salute you! sity, Boston College, and Woodstock College, closing, I would be remiss if I did not include A copy of each submitted student summary as well as a doctorate in physical chemistry the following Ignatian prayer, dedicated to Fa- follows: from the Catholic University of America. Fol- ther Currie and the devoted Jesuit educators Entering the North Texas Food Bank, I ex- lowing his post-doctoral studies at Cambridge like him: pected to find a small operation of a few dedicated volunteers working tirelessly to- University, Father Currie went on to serve as Eternal Word, only begotten Son of God, wards helping as many people as they could. a noted faculty member at Georgetown Uni- Teach me true generosity. Yet this was not the case, as the facility that versity before serving as president of Wheel- Teach me to serve you as you deserve. I arrived at was a massive testament to the ing College (1972–1982) and Xavier University To give without counting the cost, human capacity for compassion. Over 200 (1982–1986). At Wheeling and Xavier, his vi- To fight heedless of wounds, workers in a warehouse that rivaled the size sion and leadership placed an emphasis on To labor without seeking rest, of an industrial plant, completely dedicated the importance of academic quality, effective To sacrifice myself without thought of any to helping the citizens of North Texas. Con- planning and management, active involvement reward, sidering a society is measured on how we Save the knowledge that I have done your treat our worst citizens, I would go as far as and commitment to the community, and strong to say the people at the food bank are bring- public-private and ecumenical partnerships. will. Amen. ing America to an even higher standard. The Following his tenure at Wheeling and Xa- NTFB provided over 40 million meals for the vier, Father Currie retuned to Georgetown Uni- citizens of North Texas in 2010, and are aim- versity to direct the University’s Bicentennial ing to hit 50 million by the end of this year.

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 5365 Had I only heard this number and not seen pitalizations, doctor’s visits, and drugs associ- Plum Lake on this historic milestone. I join the facility, I would have called it far too ated with the disease. Facilitating conversa- with all Wisconsinites in expressing pride in ambitious. But from what I observed, we tions with doctors and caregivers and pro- the treasures of our state. packed 21,155 pounds of usable food, creating a total of 16,227 meals, in under 5 hours. viding resources for families can help mitigate f Thanks to the people at the North Texas the number of hospitalizations and complica- tions for patients with the disease. PROTECT THE FAMILIES OF Food Bank, I truly believe that we, as both FALLEN SERVICEMEMBERS Texans and Americans, are doing our best to While we work here in Congress to invest help as many people as we can. more funding for Alzheimer’s research to find —Ross Van de Kop a cure, we must continue to help the families HON. BOB FILNER f who have been impacted by this devastating OF CALIFORNIA disease. This bipartisan legislation is a good IN THE HOUSE OF REPRESENTATIVES INTRODUCTION OF THE HEALTH step toward ensuring these important meas- Wednesday, April 6, 2011 OUTCOMES, PLANNING AND EDU- ures are taken. Mr. FILNER. Mr. Speaker, today I am proud CATION ACT (HOPE) FOR ALZ- The Alzheimer’s Association, Alzheimer’s to introduce H.R. 1263, to amend the HEIMER’S Foundation, Cure Alzheimer’s Fund, and Servicemembers Civil Relief Act to provide UsAgainstAlzheimer’s have endorsed our leg- surviving spouses with certain protections re- HON. EDWARD J. MARKEY islation, which will increase the likelihood that lating to mortgages and mortgage fore- OF MASSACHUSETTS Alzheimer’s will be diagnosed sooner and help closures. families plan for the necessary treatments and IN THE HOUSE OF REPRESENTATIVES Protecting our veterans and service mem- care. I look forward to continuing to work with Wednesday, April 6, 2011 bers is important, but their families are an ex- my colleagues on this important issue through- tension of our military families and affording Mr. MARKEY. Mr. Speaker, I rise today out the legislative process. along with my fellow co-chair of the bipartisan them equal mortgage foreclosure protection is f Alzheimer’s Task Force Mr. SMITH (R–NJ) and just as important. colleagues Rep. MCDERMOTT (D–WA), BUR- CONGRATULATING THE RESI- The death of a servicemember while in GESS (R–TX), BORDALLO (D–GU), DENTS OF PLUM LAKE, WI ON service, can be hard for a spouse as they ad- CHRISTENSEN (D–VI), GRIJALVA (D–AZ) and THEIR CENTENNIAL ANNIVER- just to a new life without their loved one, this PIERLUISI (D–PR) to introduce the bipartisan SARY includes a single family income, which in Health Outcomes, Planning and Education many instances is not enough to provide for a (HOPE) for Alzheimer’s Act. HON. REID J. RIBBLE family and make their mortgage payments. Ex- One in eight Americans over 65—or 5.4 mil- tending these protections would allow grieving OF WISCONSIN spouses 9 months to work on a resolution with lion individuals—have Alzheimer’s disease. IN THE HOUSE OF REPRESENTATIVES Unless science finds a way to prevent or cure their lender or sell their home, if necessary. it, over 13 million Americans will have Alz- Wednesday, April 6, 2011 Servicemembers currently receive fore- heimer’s disease by the year 2050. Mr. RIBBLE. Mr. Speaker, I rise to congratu- closure protections for 9 months after the end The HOPE Act aims to improve the way we late the residents of the Town of Plum Lake in of military service. These protections under diagnosis Alzheimer’s disease and other de- Vilas County, Wisconsin, as they celebrate the the Servicemembers Civil Relief Act (SCRA) mentias and provide important information 100th anniversary of their town’s founding. are meant to allow a period of transition and about care and treatment for patients and their Plum Lake comprises the communities of adjustment after service. Unfortunately, this families. The bill provides Medicare coverage Sayner and Star Lake, which have long been protection does not exist for spouses. That is for comprehensive diagnoses of Alzheimer’s vacation destinations for Wisconsin residents why today I am introducing this legislation. H.R. 1263 amends the SCRA by extending disease to guarantee that seniors who show because of their friendly people, magnificent protection against mortgage foreclosure for 9 signs of Alzheimer’s can receive a formal di- lakes and forests, and abundant fish and months to a surviving spouse of servicemem- agnosis from their doctor and that this diag- game. Folks looking to escape the daily grind ber who died while in military service and their nosis is documented in their medical record. can retire to this beautiful area year-round to death is service connected and the individual The bill would also improve care and reduce hunt, fish, ski, and hike along lovely nature is the successor of the servicemember’s prop- costs by providing information and resources trails. Visitors are often surprised to discover erty. In conclusion, H.R. 1263 takes an impor- to newly diagnosed patients and their families that the Town’s slogan, ‘‘Birthplace of the tant step toward protecting the families of our by including, for the first time, caregivers in snowmobile,’’ reflects its invention there by brave fallen heroes. I urge my colleagues to discussions with doctors and patients. Carl Eliason in 1924. At present, most people with Alzheimer’s The Town of Plum Lake was officially support H.R. 1263. disease and other dementias have not re- formed by an ordinance passed by the Vilas f ceived an official diagnosis. Data from a report County Board on January 5, 1911. The ordi- RECOGNIZING THE 2010–2011 CON- done by the Alzheimer’s Association found nance went into effect on April 1, 1911, cre- GRESSIONAL YOUTH ADVISORY only 19 percent of people over age 65 with ating the new town from territory detached COUNCIL FOR 500 HOURS OF OUT- dementia had a diagnosis documented in their from the Town of Arbor Vitae. The first town STANDING SERVICE TO THE medical record. African American and His- meeting was held in Sayner on April 14, 1911. COMMUNITY—CALVIN TSAY panic populations, at higher risk for Alz- In the 19th century, Plum Lake was the cen- heimer’s disease than whites, are even less ter of a vibrant lumber industry, which eventu- HON. SAM JOHNSON likely to have been diagnosed. ally gave way to tourism. Two years before OF TEXAS Early diagnoses can help individuals receive the founding of the Town, in the summer of IN THE HOUSE OF REPRESENTATIVES treatments early, when medications are more 1909, Herb Warner and others began con- likely to be effective, and they allow patients to struction on the Plum Lake Golf Club, which Wednesday, April 6, 2011 participate in clinical trials to benefit from cut- opened in 1912 and is today one of Wiscon- Mr. SAM JOHNSON of Texas. Mr. Speaker, ting edge research. With an early diagnosis, sin’s oldest golf courses. Plum Lake also it is my pleasure and privilege to inform the patients can prepare for the oncoming symp- boasts one of Wisconsin’s oldest summer Members of the United States House of Rep- toms of the disease with their doctors and camps, Camp Highlands, which began when resentatives that the students of the 2010– caregivers. Ultimately, this can bring down Harry O. Gilette, a University of Chicago Lab- 2011 Congressional Youth Advisory Council, Medicare costs by helping patients better oratory School Headmaster, brought ten boys CYAC, from the Third District of Texas have manage other preexisting medical conditions to a remote point on Plum Lake for a summer completed a total of 500 community service and avoid crises. in the wilderness in 1904. hours, fulfilling and far surpassing the require- Each year, the federal government spends Today, Plum Lake maintains both its majes- ments of their assigned CYAC in the Commu- $93 billion out of Medicare, or almost 20% of tic landscape and its place as a prime vaca- nity service project. the entire Medicare budget, to care for Alz- tion destination. I am very proud to represent This year 46 students from public, private, heimer’s patients. This money pays for hos- this community and I congratulate the Town of and home schools in grades 10 through 12

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD 5366 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 April 6, 2011 made their voices heard by joining CYAC. As On January 6, 2009, the start of the 111th RECOGNIZING THE 2010–2011 CON- the Third District’s young ambassadors to Congress, the national debt was GRESSIONAL YOUTH ADVISORY Congress, these bright high school students $10,638,425,746,293.80. COUNCIL FOR 500 HOURS OF OUT- met with me on a quarterly basis to discuss This means the national debt has increased STANDING SERVICE TO THE current events and public policy. These im- by $3,623,718,716,604.10 since then. COMMUNITY—GRANT TOLLETTE pressive young people recognize an important truth: the heart of public service is found when This debt and its interest payments we are HON. SAM JOHNSON passing to our children and all future Ameri- giving back to the community. CYAC students OF TEXAS cans. volunteered their time and talents with over 30 IN THE HOUSE OF REPRESENTATIVES organizations including Adopt-A-Highway, Wednesday, April 6, 2011 Habitat for Humanity, Meals on Wheels, Teen f Court, and the USO, to name a few. As one Mr. SAM JOHNSON of Texas. Mr. Speaker, student shared, ‘‘CYAC in the Community has HONORING BARBARA ANN ZAJBEL it is my pleasure and privilege to inform the allowed me to realize my calling to serve Members of the United States House of Rep- those in the U.S. Armed Forces.’’ I am beyond resentatives that the students of the 2010– thrilled that CYAC has helped students un- HON. STEVE AUSTRIA 2011 Congressional Youth Advisory Council, CYAC, from the Third District of Texas have leash their full potential and chase their OF OHIO dreams. completed a total of 500 community service President George H.W. Bush once said, ‘‘A IN THE HOUSE OF REPRESENTATIVES hours, fulfilling and far-surpassing the require- volunteer is a person who can see what oth- ments of their assigned CYAC in the Commu- Wednesday, April 6, 2011 ers cannot see; who can feel what most do nity service project. not feel. Often, such gifted persons do not Mr. AUSTRIA. Mr. Speaker, I rise today on This year 46 students from public, private, think of themselves as volunteers, but as citi- behalf of the people of Ohio’s Seventh Con- and home schools in grades 10 through 12 zens—citizens in the fullest sense: partners in gressional District to honor the life and mem- made their voices heard by joining CYAC. As civilization.’’ ory of Barbara Ann Zajbel. the Third District’s young ambassadors to With this statement as a benchmark, I am Congress, these bright high school students proud to congratulate the members of the As a former Xenia business woman and met with me on a quarterly basis to discuss 2010–2011 Congressional Youth Advisory Xenia Area Chamber of Commerce executive, current events and public policy. These im- Council for showing themselves to be out- Barbara Zajbel was known as one of Xenia’s pressive young people recognize an important standing young citizens of this nation. It is my most loyal, positive and significant leaders. truth: the heart of public service is found when privilege to submit summaries of their work to Those who met or knew Barbara benefited giving back to the community. CYAC students the CONGRESSIONAL RECORD to be preserved from her uplifting attitude and abundant volunteered their time and talents with over 30 for posterity and antiquity. To these young warmth. organizations including Adopt-A-Highway, public servants, thank you, and keep up the As a dedicated and faithful community serv- Habitat for Humanity, Meals on Wheels, Teen great work! I salute you! ant, Barbara encouraged and motivated others Court, and the USO, to name a few. As one A copy of each submitted student summary through personal example. Over the years, student shared, ‘‘CYAC in the Community has follows: she spearheaded countless community allowed me to realize my calling to serve On the weekend of February 18–19th, I vol- projects that required hundreds of hours of those in the U.S. Armed Forces.’’ I am beyond unteered at the carnival at Shepard Elemen- community service. She would not only orga- thrilled that CYAC has helped students un- tary School. I spent time setting up the car- nize the projects but would also work with vol- leash their full potential and chase their nival, running the actual activities, and tak- unteers to perform the necessary tasks in dreams. ing down all of the decorations. I had been to many school fairs when I was in elementary order to make the events successful. Both President George H.W. Bush once said, ‘‘A school, but I had never seen the behind-the- Barbara and her husband, Tom, are particu- volunteer is a person who can see what oth- scenes action. Volunteering and working the larly remembered for their 15 years or so of ers cannot see; who can feel what most do carnival taught me to be more appreciative, commitment to and involvement with the an- not feel. Often, such gifted persons do not as I learned of the efforts involved in run- nual Xenia Old Fashioned Days Festival. think of themselves as volunteers, but as citi- ning an event. The carnival benefited the zens—citizens in the fullest sense: partners in From arriving to Xenia in the late 1970’s, community as children were allowed time to civilization.’’ Barbara devoted her life to service organiza- play with their families and enjoy time off With this statement as a benchmark, I am tions like Rotary, civic groups and boards, school. As we finished up cleaning, I talked proud to congratulate the members of the with many of the other volunteers and real- education committees and governmental 2010–2011 Congressional Youth Advisory ized that many of them wished the carnival projects. She served on boards of numerous Council for showing themselves to be out- were not over. Many volunteers, including organizations, such as Greene County Con- standing young citizens of this nation. It is my myself, enjoy spending their time helping vention & Visitors Bureau, Xenia Educational others and having the satisfaction of privilege to submit summaries of their work to Endowment Fund, Miami Valley Military Affairs bettering others’ lives. More than two hun- the CONGRESSIONAL RECORD to be preserved Association, Greene County Economic Devel- dred volunteers were a part of the Shepard for posterity and antiquity. To these young opment Roundtable, Xenia Downtown Revital- School Carnival, and I truly believe the car- public servants, thank you, and keep up the ization as well as many other commendable nival would have been impossible without great work! I salute you! their help. This experience taught me a valu- associations. She was also a member of St. A copy of each submitted student summary able lesson in the importance of volun- Brigid Catholic Church. teering in the community, and I will defi- follows: nitely continue to serve my community to One of Barbara’s most favorite quotes was I volunteered at Friday Nite Friends (FNF) the best of my ability. ‘‘I am only one, but I am one. I cannot do ev- located at the Custer Road United Methodist —Calvin Tsay erything, but I can do something. And I will not Church. Every other Friday, FNF provides nurses and volunteers to offer free childcare f let what I cannot do interfere with what I can do.’’ Barbara exemplified this quote with her for special needs children and their siblings. OUR UNCONSCIONABLE NATIONAL love and energy towards Xenia and the many As a volunteer, I was placed with a group of DEBT boy siblings to entertain and interact with different boards and organizations she served. for the evenings I volunteered. I would spend After a hard fought battle with cancer, Bar- the evenings playing board games and watch- HON. MIKE COFFMAN bara Zajbel, 67, passed away on March 28, ing movies with my group or playing tag or OF COLORADO 2011, surrounded by her husband, Tom scooter races in the large rec room. By the IN THE HOUSE OF REPRESENTATIVES end of the evenings, both the kids and the Zajbel; sons, Jim and Tom Zajbel; and daugh- Wednesday, April 6, 2011 volunteers would be exhausted. When the ter, Tracy Zajbel Palmer. Barbara’s life will parents came to pick up their families they Mr. COFFMAN of Colorado. Mr. Speaker, continue to be an inspiration to all those who would look so happy and refreshed. But they today our national debt is loved her and to the community she served so were always so happy to see their kids and $14,262,144,462,897.94. well. be reunited with them. In some cases this

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 5367 program provides the only opportunity for ciation team, the Memphis Tams. From 1975 Sam has strength of character and a true many of the moms to have any time away to 1979, Larry Finch was the assistant coach servant’s heart in his community. After grad- from their families to do chores, run errands to his former coach Gene Bartow at the Uni- uating from Anderson High school, he went on or just have a quiet moment for themselves. I have come to realize how important this versity of Alabama Birmingham and then the to receive a degree in Administration of Crimi- program is to the special needs community. assistant coach at Memphis State from 1979 nal Justice from Anderson University and then I feel very blessed for my own family and to 1986 before replacing Dana Kirk as head graduated from the Indiana Law Enforcement feel fortunate that I am able to help other coach. Academy. He is a member of the Madison families. Larry Finch served as the first African Amer- Park Church of God, and coached football in —Grant Tollette ican head coach for the Memphis State Tigers the Anderson community for thirty years. f from 1986 to 1997. He was responsible for re- Never one to sit on the sidelines, Sam has cruiting and training Memphis greats such as boldly answered the call of duty even in the HONORING THE LIFE AND LEGACY Elliot Perry, Anfernee ‘‘Penny’’ Hardaway, face of danger. OF MEMPHIS STATE BASKET- David Voughn and the late Lorenzen Wright. In 1978 Sam was shot six times in the line BALL PLAYER AND COACH, During his tenure, Coach Finch amassed of duty—in the face, chest, and arm. Yet even LARRY FINCH seven 20+ win seasons. He took the Tigers to after that tragedy, Sam remained dedicated to the NCAA Tournament six times with the public service and only recently retired after HON. STEVE COHEN 1991–1992 team led by Hardaway going to 37 years of service with the Madison County OF TENNESSEE the Elite Eight. At the end of his coaching ca- Sheriff’s Department. IN THE HOUSE OF REPRESENTATIVES reer, Larry Finch had a 220–130 coaching Those who know Sam and worked with him Wednesday, April 6, 2011 record and was named University of Memphis’ on the sheriff’s department recognize him for ‘‘all-time winningest coach,’’ a title he still his dedication to helping others and willing- Mr. COHEN. Mr. Speaker, I rise today to holds today. In 2000, the University of Mem- ness to do whatever it takes. He served self- pay tribute to the life and legacy of former phis dedicated a world-class practice facility in lessly day after day, and received the distin- Memphis State basketball player and men’s his honor—the Larry O. Finch Center. guished ‘‘Law Enforcement Officer of the basketball coach, Larry Finch. Coach Finch Larry loved playing against Louisville as ei- Year’’ award five times. I know that his integ- was born on February 16, 1951 in Memphis, ther a player or a coach. He was proud of rity and commitment to the cause will forever Tennessee. He grew up in the historic Orange besting the Louisville Cardinals 16 out of 27 be an example to those who serve after him. Mound neighborhood and attended Melrose times throughout his basketball career. His Though Sam has officially retired from the High School. Unaware of the impact his life 1987 Metro Conference Championship win Madison County Sheriff’s Department, he con- and love for basketball would have on the city over Louisville in Freedom Hall was perhaps tinues to serve as Investigator of Senior Pro- of Memphis, Larry Finch would help ease race his most memorable meeting against Louis- tective Services for the Prosecutor of Madison relations during a sharply divided era and go ville. The Tigers won that game 75–52, beat- County. He is a dedicated husband of more on to lead the Memphis State Tigers to the ing the Cardinals for the third time. The Tigers than thirty years to his bride Lori, and the fa- NCAA Tournament finals then coach the team ended that season 26–8 and Finch was ther of three sons—Kris, Matt, and Andrew. to its greatest number of wins. named Basketball Times Rookie Coach of the Today I honor Sam’s legacy of service, and Larry Finch joined the Memphis State Tigers Year. wish to express my sincere gratitude for his in 1969. During a time of high racial upheaval Larry was loved by many in the Memphis leadership. I am grateful for his friendship and in Memphis, he along with his teammate, Mel- community. After suffering from a stroke in look forward to his continued community im- rose graduate Ronnie Robinson, helped inte- 2002, those close to him created the Friends pact. He is truly an inspiration. grate the Tigers. Although he received much of Larry Finch Foundation to help cover med- f advice on schools to attend, he ultimately ical expenses. In 2006, the Foundation re- chose Memphis State because of his love and leased a tribute CD called ‘‘Eye of the Tiger: RULES COMMITTEE RECORD VOTE pride for his city. It was his love for both bas- A Tribute to Larry Finch.’’ It featured songs by NO. 65 AND NO. 66 ketball and Memphis that united the city like Memphis performers Al Green, The Bar-Kays, never before. Blacks and whites came to- Gary Johns, John Kilzer and Al Kapone. HON. ROB WOODALL gether, unconcerned about race, to cheer for Larry Finch passed away on April 2, 2011 at OF GEORGIA the Tigers and for Larry Finch. the young age of 60. He will be missed by IN THE HOUSE OF REPRESENTATIVES During Finch’s college career, the Tigers many in Memphis including two of his closest Wednesday, April 6, 2011 had a 63–21 record and either won or tied for friends, Leonard Draper and Randy Wade, the two Missouri Valley Conference champion- many players whose lives he touched and Mr. WOODALL. Mr. Speaker, the report (H. ships. In 1972, Larry was the Missouri Valley hundreds of fans across Memphis and the Na- Rept. 112–53) accompanying H. Res. 200, Conference Player of the Year and was tion. He is survived by his wife Vickie, his filed last evening, inadvertently omitted the full named All-America honorable mention by both daughter Shanae Deon Finch and two sons, descriptions of votes No. 65 and 66 of the the Associated Press and UPI. In his senior Larry Finch, Jr. and James Finch. He is also Committee. The full descriptions and totals are year, Larry Finch led his team to the 1973 survived by his sister, Gloria Finch, and four as follows: NCAA Tournament championship game brothers, Barry, Gary, Greg and Ronald Finch. RULES COMMITTEE RECORD VOTE NO. 65 against the UCLA Bruins. He scored an im- Larry Finch was predeceased by two beloved Motion by Mr. HASTINGS of Florida to amend pressive 29 points but the Tigers still fell to the younger sisters, Gail and Gwendolyn Finch. the rule to make in order and provide the ap- Bruins, 87–66. It’s reported that when asked Larry was a great American and we are lucky propriate waivers for amendment #1, offered why he helped UCLA lead Bill Walton off the he came this way for the people of Memphis by Rep. DOYLE (PA), which would reinstate the court after sustaining an injury to his ankle, he and our Nation. His was a life well lived. ability of the FCC to guard against internet ac- replied with laughter, ‘‘Because he was kicking f cess providers from blocking a consumer’s ac- our butt.’’ Bill Walton later noted that it was cess to lawful internet content. Defeated: 3–7 Larry Finch alone among all players on the HONORING SAM HANNA ON THE court that helped the star when he was in OCCASION OF HIS RETIREMENT Majority Members Vote Minority Members Vote need of assistance. Ms. Foxx ...... Nay Mr. McGovern ...... Yea After helping lead his team to the 1973 Mr. Bishop of Utah ...... Nay Mr. Hastings of Florida ...... Yea HON. MIKE PENCE Mr. Woodall ...... Nay Mr. Polis ...... Yea finals, Larry’s No. 21 jersey was retired. He OF INDIANA Mr. Nugent ...... Nay ...... was the Tiger’s all-time leading scorer and Mr. Scott of South Carolina Nay ...... IN THE HOUSE OF REPRESENTATIVES Mr. Webster ...... Nay ...... currently ranks fourth with 1,869 points. The Mr. Dreier, Chairman ...... Nay ...... Tigers had never won an NCAA Tournament Wednesday, April 6, 2011 game before Larry Finch joined the team. Mr. PENCE. Mr. Speaker, I rise today to RULES COMMITTEE RECORD VOTE NO. 66 Larry Finch was drafted by the Los Angeles honor the long and storied career of Sam Motion by Mr. POLIS to amend the rule to Lakers after graduating but instead decided to Hanna. Sam is not only a friend, but a man make in order and provide the appropriate sign with the local American Basketball Asso- whom I greatly admire. waivers for amendment #2, offered by Rep.

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MATSUI (CA), which would preserve the ‘‘trans- Meetings scheduled for Thursday, and to be Alternate Representative of parency rule’’ adopted by the FCC as part of April 7, 2011 may be found in the Daily the United States of America to the the Open Internet Order requiring broadband Digest of today’s RECORD. Sessions of the General Assembly of providers to make available their network the United Nations, during his tenure management practices as well as performance MEETINGS SCHEDULED of service as Representative of the United States of America to the United and commercial terms so that consumers can APRIL 11 Nations for U.N. Management and Re- make informed choices. Defeated: 3–7 4 p.m. form, and Suzan D. Johnson Cook, of Appropriations Majority Members Vote Minority Members Vote New York, to be Ambassador at Large Commerce, Justice, Science, and Related for International Religious Freedom, Ms. Foxx ...... Nay Mr. McGovern ...... Yea Agencies Subcommittee all of the Department of State. Mr. Bishop of Utah ...... Nay Mr. Hastings of Florida ...... Yea To hold hearings to examine proposed S–116, Capitol Mr. Woodall ...... Nay Mr. Polis ...... Yea budget estimates for fiscal year 2012 for Mr. Nugent ...... Nay ...... 2:30 p.m. the National Aeronautics and Space Mr. Scott of South Carolina Nay ...... Judiciary Mr. Webster ...... Nay ...... Administration (NASA). Mr. Dreier, Chairman ...... Nay ...... SD–192 Crime and Drugs Subcommittee To hold hearings to examine cyber secu- f APRIL 12 rity, focusing on responding to the threat of cyber crime and terrorism. HONORING BILL SAMUELS, JR. 10 a.m. Armed Services SD–226 HON. GEOFF DAVIS To hold hearings to examine U.S. Pacific Armed Services Command and U.S. Forces Korea in re- Emerging Threats and Capabilities Sub- OF KENTUCKY view of the Defense Authorization re- committee IN THE HOUSE OF REPRESENTATIVES quest for fiscal year 2012 and the Fu- To hold hearings to examine Department Wednesday, April 6, 2011 ture Years Defense Program; with the of Defense plans and programs relating possibility of a closed session in SH–219 to counterterrorism, counternarcotics, Mr. DAVIS of Kentucky. Mr. Speaker, I rise following the open session. and building partnership capacity; with today to honor the career of Mr. Bill Samuels, SD–106 the possibility of a closed session in Jr. After 40 years of working for his family’s Judiciary SVC–217 following the open session. company, Bill is retiring as President of Mak- Constitution Subcommittee SR–232A er’s Mark Distillery in Loretto, Kentucky to be- To hold hearings to examine the ‘‘Fair Homeland Security and Governmental Af- come the company’s Chairman Emeritus. Elections Now Act’’, focusing on a fairs As the seventh generation in a long line of comprehensive response to Citizens Oversight of Government Management, the United. Federal Workforce, and the District of Kentucky bourbon makers, Bill took over the SD–226 Columbia Subcommittee family business in 1980. Through clever mar- Energy and Natural Resources keting and an unwavering commitment to the Business meeting to consider the nomi- To hold hearings to examine financial tradition and quality of his bourbon, he was nation of Peter Bruce Lyons, of New literacy, focusing on empowering able to make the company a global icon. In Mexico, to be Assistant Secretary of Americans to make informed financial decisions. 1980, the Maker’s Mark Distillery became the Energy for Nuclear Energy. SD–628 first distillery in the country to be designated a SD–366 Environment and Public Works Intelligence National Historic Landmark. Water and Wildlife Subcommittee To hold closed hearings to examine cer- All Kentuckians can be proud of the work To hold joint hearings to examine nat- tain intelligence matters. that Bill has done to grow a family business ural gas drilling, focusing on public SH–219 into a successful brand. In doing so, he has health and environmental impacts. 2:45 p.m. represented and shared part of the spirit of the SD–406 Banking, Housing, and Urban Affairs Commonwealth across the country and around Appropriations To hold hearings to examine building the the world. State, Foreign Operations, and Related new derivatives regulatory framework, I thank Bill for his contributions to Kentucky Programs Subcommittee focusing on oversight of Title VII of To hold hearings to examine proposed the ‘‘Dodd-Frank Act’’. and our community and wish him the best of budget estimates for fiscal year 2012 for SD–538 luck in his new endeavors. I ask my col- the U.S. Agency for International De- Environment and Public Works leagues in the House of Representatives to velopment. Clean Air and Nuclear Safety Sub- join me in recognizing Bill’s significant accom- SD–138 plishments. 10:30 a.m. committee To hold joint hearings to examine a re- f Homeland Security and Governmental Af- fairs view of the nuclear emergency in SENATE COMMITTEE MEETINGS Federal Financial Management, Govern- Japan and implications for the U.S. SD–406 Title IV of Senate Resolution 4, ment Information, Federal Services, agreed to by the Senate on February 4, and International Security Sub- committee APRIL 13 1977, calls for establishment of a sys- To hold hearings to examine the Presi- Time to be announced tem for a computerized schedule of all dent’s plan for eliminating wasteful Health, Education, Labor, and Pensions meetings and hearings of Senate com- spending in information technology. Business meeting to consider any pend- mittees, subcommittees, joint commit- SD–342 ing nominations. tees, and committees of conference. 2:15 p.m. Room to be announced This title requires all such committees Foreign Relations 10 a.m. Business meeting to consider S. Res. 109, to notify the Office of the Senate Daily Environment and Public Works honoring and supporting women in Digest—designated by the Rules Com- To hold an oversight hearing to examine North Africa and the Middle East domestic renewable fuels, focusing on mittee—of the time, place, and purpose whose bravery, compassion, and com- of the meetings, when scheduled, and mitment to putting the wellbeing of ethanol and advanced biofuels. any cancellations or changes in the others before their own have proven SD–406 meetings as they occur. that courage can be contagious, and Finance As an additional procedure along the nominations of Nils Maarten Parin To hold hearings to examine perspectives with the computerization of this infor- Daulaire, of Virginia, to be Representa- on deficit reduction. mation, the Office of the Senate Daily tive of the United States on the Execu- SD–215 Judiciary Digest will prepare this information for tive Board of the World Health Organi- zation, Joseph M. Torsella, of Pennsyl- To hold hearings to examine fulfilling printing in the Extensions of Remarks vania, to be Representative of the our commitment to support victims of section of the CONGRESSIONAL RECORD United States of America to the United crime. on Monday and Wednesday of each Nations for U.N. Management and Re- SD–226 week. form, with the rank of Ambassador,

VerDate Mar 15 2010 08:51 Feb 27, 2014 Jkt 099102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR11\E06AP1.000 E06AP1 pmangrum on DSK3VPTVN1PROD with BOUND RECORD April 6, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 4 5369 Armed Services the reform of the medical device ap- MAY 11 Readiness and Management Support Sub- proval process. 10 a.m. committee SD–562 Appropriations To hold hearings to examine the current 2:30 p.m. Department of Defense Subcommittee materiel readiness of U.S. Forces in re- Commerce, Science, and Transportation To hold hearings to examine proposed view of the Defense Authorization Re- Oceans, Atmosphere, Fisheries, and Coast quest for fiscal year 2012 and the Fu- Guard Subcommittee budget estimates for fiscal year 2012 for ture Years Defense Program. To hold hearings to examine the Presi- the Guard and Reserve. SR–232A dent’s proposed budget request and SD–192 Rules and Administration oversight for fiscal year 2012 for the Business meeting to consider the nomi- National Oceanic and Atmospheric Ad- MAY 12 nation of William J. Boarman, of Mary- ministration (NOAA). 10:30 a.m. land, to be Public Printer, Government SR–253 Appropriations Printing Office. Armed Services Department of Defense Subcommittee SR–301 Strategic Forces Subcommittee To receive a closed briefing on the Veterans’ Affairs To hold hearings to examine ballistic United States Special Operations Com- To hold hearings to examine veterans’ missile defense policies and programs mand (SOCOM), and the United States in review of the Defense Authorization employment, focusing on improving European Command (EUCOM). the transition from the battlefield to request for fiscal year 2012 and the Fu- SVC–217 the workforce. ture Years Defense Program; with the SR–418 possibility of a closed session in SVC– MAY 17 10:30 a.m. 217 following the open session. Appropriations SR–232A 10:30 a.m. Department of Defense Subcommittee 3 p.m. Appropriations To receive a closed briefing on the pro- Judiciary Department of Defense Subcommittee posed budget estimates for fiscal year To hold hearings to examine certain To receive a closed briefing the United 2012 United States Pacific Command nominations. States Northern Command (PACOM). SD–226 (NORTHCOM) and the United States S–217, Capitol Southern Command (SOUTHCOM). 1 p.m. APRIL 14 SVC–217 Homeland Security and Governmental Af- 10 a.m. fairs Energy and Natural Resources MAY 25 Business meeting to consider any pend- To hold hearings to examine S. 343, to 10:30 a.m. ing calendar business. amend Title I of PL 99–658 regarding Appropriations SD–342 the Compact of Free Association be- 1:30 p.m. tween the Government of the United Department of Defense Subcommittee Armed Services States of America and the Government To hold hearings to examine proposed Personnel Subcommittee of Palau, to approve the results of the budget estimates for fiscal year 2012 for To hold hearings to examine the Active, 15-year review of the Compact, includ- the Missile Defense Agency. Guard, Reserve, and civilian personnel ing the Agreement Between the Gov- SD–192 programs in review of the Defense Au- ernment of the United States of Amer- thorization request for fiscal year 2012 ica and the Government of the Repub- MAY 26 and the Future Years Defense Pro- lic of Palau Following the Compact of 10:30 a.m. gram. Free Association Section 432 Review, Appropriations SR–222 and to appropriate funds for the pur- Department of Defense Subcommittee poses of the amended PL 99–658 for fis- 2 p.m. To receive a closed briefing on the cal years ending on or before Sep- Appropriations United States Central Command tember 30, 2024, to carry out the agree- Energy and Water Development Sub- (CENTCOM) and United States African committee ments resulting from that review. Command (AFRICOM). To hold hearings to examine proposed SD–366 SVC–217 budget estimates and justification for 2:30 p.m. fiscal year 2012 for the Army Corps of Intelligence JUNE 15 Engineers and Bureau of Reclamation. To hold closed hearings to examine cer- SD–192 tain intelligence matters. 10:30 a.m. Foreign Relations SH–219 Appropriations To hold hearings to examine inter- Department of Defense Subcommittee national development policy priorities MAY 4 To hold hearings to examine the Sec- in the fiscal year 2012 budget. 10:30 a.m. retary of Defense and the Chairman of SD–419 Appropriations the Joint Chiefs of Staff. Aging Department of Defense Subcommittee SD–192 To hold hearings to examine the Food To receive a closed briefing on Intel. and Drug Administration (FDA) and SVC–217

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