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

Vol. 158 WASHINGTON, TUESDAY, APRIL 24, 2012 No. 59 House of Representatives The House met at noon and was Shipyard in Bremerton, and during the stint in the Navy during World War II and called to order by the Speaker pro tem- years of service to many organizations was a longtime resident who retired from PSNS after working his way up to Super- pore (Mr. CULBERSON). in our community. I knew Mel for most of my life. He intendent of Shop 31. Well known in Kitsap f County, Mel was said to be the go-to-guy in was a graduate of my mother’s high Democratic politics and he headed up numer- DESIGNATION OF SPEAKER PRO school, and he always joked that he ous political campaigns. Mel had a passion TEMPORE never would have graduated if she for sports and we’re just sure he and son The SPEAKER pro tempore laid be- hadn’t helped him through math class. Gary are shooting some hoops in heaven. Mel fore the House the following commu- He was also a great friend of my father, was a Washington State Park Commissioner for 12 years and prided himself on visiting all nication from the Speaker: and they were often enjoying their fa- vorite past time, fishing for trout out of the parks in his beloved state. WASHINGTON, DC, Mel loved to share details of his family April 24, 2012. on Kitsap Lake. In fact, they had a se- with anyone who would listen. Jane, his pa- I hereby appoint the Honorable JOHN cret formula that I was hoping Mel tient and loving wife listened to his stories ABNEY CULBERSON to act as Speaker pro tem- would have passed on to me. and jokes for the past 72 years and continues pore on this day. Mel served in the Navy in World War to make her home in Bremerton. The JOHN A. BOEHNER, II before taking a job at the Puget Wortman’s oldest son, Dave lives in Coeur Speaker of the House of Representatives. Sound Naval Shipyard, eventually ris- D’Alene, Idaho with his wife Chrissy. Son Gary, who was an NBA Scout, is deceased. f ing to be superintendent of Shop 31, Their daughter, Janna and her husband which was the machine shop. MORNING-HOUR DEBATE Bob reside in Arizona, while their other son Mel’s personal advice to me ranged Steve and his wife Cindy live in Tacoma. The SPEAKER pro tempore. Pursu- from pointers he gave me when I Mel was proud of his 11 Grandchildren and ant to the order of the House of Janu- played sports with his sons, Dave and 16 ‘Greats’ who filled his life with tremen- ary 17, 2012, the Chair will now recog- Gary, to the suggestions he offered dous joy in his later years. A memorial serv- nize Members from lists submitted by when I was running for Congress, and ice will be held for Mel at the Bremerton Elks Lodge on April 22 at 1:00 p.m. the majority and minority leaders for later, as a member of the Defense Ap- Born on July 4, Mel lived a life dedicated morning-hour debate. propriation Subcommittee, on impor- to being a great American, he made a dif- The Chair will alternate recognition tant things we could do to make the ference in the lives of all who knew him. In between the parties, with each party shipyard in Bremerton function better. lieu of flowers, Jane requests that donations limited to 1 hour and each Member Mr. Speaker, Mel Wortman was one be made to Hospice of Kitsap County at 570 other than the majority and minority of the remaining members of this Lebo Blvd. Bremerton, WA 98310. leaders and the minority whip limited Greatest Generation of Americans who f to 5 minutes each, but in no event shall selflessly served in World War II and TAXMAGEDDON, JANUARY 1, 2013 then returned home to raise families debate continue beyond 1:50 p.m. The SPEAKER pro tempore. The and pursue their careers without ask- f Chair recognizes the gentleman from ing for thanks. MEL WORTMAN I think it is appropriate once again Florida (Mr. STEARNS) for 5 minutes. Mr. STEARNS. Mr. Speaker, last for us in the House of Representatives The SPEAKER pro tempore. The week, April 17, was Tax Day, when all to express our thanks to those great Chair recognizes the gentleman from hardworking Americans must file their Americans as we note the passing of Washington (Mr. DICKS) for 5 minutes. taxes with the Internal Revenue Serv- one of their finest, Mel Wortman. Mr. DICKS. Mr. Speaker, I rise today ice. Ironically enough, April 17 was I submit for the RECORD Mel to note the passing of a constituent also Tax Freedom Day, the day when Wortman’s obituary as it was published and friend of mine who was a true Americans earn just about enough in the Kitsap Sun, noting his wife Jane friend and one of the great leaders of earned income to pay off the tax bill and the many members of his family the city of Bremerton, Washington. for all Federal, State, and local taxes. who have lost a great patriarch. Mel Wortman died last month at the The first 111 days of the year, every- age of 91, and he was remembered this OBITUARY PUBLISHED IN THE KITSAP SUN, thing you and I, and all Americans BREMERTON, WASHINGTON past weekend at a service in Bremerton earn went to fund the United States Melvin David Wortman by his family and friends for his wit July 4, 1920 to March 19, 2012 Federal Government, the same govern- and for his many enduring personal re- Veteran ment that wasted $800,000 on a GSA lationships he developed over decades Mel Wortman died at his home on March conference with mind readers, com- of working at the Puget Sound Naval 19, 2012 surrounded by his family. Mel did a memorative coins, and bike building

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

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VerDate Mar 15 2010 02:54 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.000 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2042 CONGRESSIONAL RECORD — HOUSE April 24, 2012 exercises, and the same government We’ll also see the return of the Death RECESS that thought giving half a billion dol- Tax to its pre-Bush levels, when the The SPEAKER pro tempore. Pursu- lars to Solyndra was a good idea. maximum rate can be 55 percent of ant to clause 12(a) of rule I, the Chair In 1900, Americans paid about 5.9 per- your estate. I believe there should be declares the House in recess until 2 cent of their income in taxes, and Tax no taxation without respiration; that p.m. today. Freedom Day came about 22 days into is, you have to be breathing. It is Accordingly (at 12 o’clock and 10 the year. It is a far cry, my colleagues, wrong to tax a business or a family minutes p.m.), the House stood in re- from what we have to endure in taxes farm when it’s transferred from parent cess. today. to child. This tax has hurt family If you think 111 days to reach Tax farms and family businesses where f Freedom Day is excessive, just wait till children have been forced to sell the b 1400 next year. We are on the cusp of a tax business or farm because they could Armageddon. I like to call it a not afford to pay the Death Tax. AFTER RECESS Taxmageddon. It’s scheduled to hit on Federal Reserve Chairman Ben The recess having expired, the House January 1, 2013. It will be the largest Bernanke has referred to all these ex- was called to order by the Speaker pro tax increase in memory, possibly ever, piring tax provisions as a ‘‘massive fis- tempore (Mr. CULBERSON) at 2 p.m. a $494 billion tax increase in 1 year. cal cliff.’’ f When we talk about taxes, we usually When we talk about taxes, we usually project the increase or decrease in rev- project the increases over 10 years, but PRAYER enue over a 10-year budget horizon. But this is going to be immediate in the Reverend Joel Osteen, Lakewood this $494 billion tax increase isn’t over year 2013, January 1. Church, Houston, Texas, offered the a 10-year budget window; it is an imme- There has been a failure of leadership following prayer: diate massive tax increase in 1 year. from the White House. The President’s Father, we thank You that You show Where do these tax increases come budget is full of election-year gim- Your goodness and Your favor to the from? There are a number of tax provi- micks and unwillingness to try to ad- United States of America and to those sions that are set to expire at the end dress the upcoming Taxmageddon. In- who govern it. We ask that You bless of this year. Unless action is taken to stead, the President doubles-down on this House of Representatives and each extend these provisions or make them his election year rhetoric, he doesn’t Member who serves in it. Help these permanent, it will lead to an unheard address expiring taxes, and instead pro- lawmakers to search their hearts so of tax increase in January. poses a slew of new taxes on American that they may serve with dignity and About one-third of the tax increases companies. honor and that through them our Na- will come from the expiration of the You do not raise taxes during a reces- tion will achieve the destiny that You Bush tax cuts from 2001 and 2003. These sion. Raising taxes will halt what little have set before us. Give them wisdom tax cuts reduced the marginal rates for economic growth we had over the last as they make good decisions, courage all Americans and expanded the child 3 years and return us to the days of that they will hold fast to Your truth, tax credit, reduced the marriage pen- double-digit unemployment. and compassion that all should prosper alty, and increased the tax breaks for from their laws. education costs. The majority of the f We receive Your presence here today. tax benefits in these tax cuts were tar- Father, we pray that these lawmakers geted towards the middle and lower in- SAN JACINTO DAY will remain mindful of You and that come tax folks. About a quarter of the tax increases The SPEAKER pro tempore (Mr. they will honor You in everything they do here. will come from the expiration of tem- WOMACK). The Chair recognizes the In Jesus’ name we pray. Amen. porary payroll tax cuts that were cre- gentleman from Texas (Mr. GENE ated just 2 years ago. GREEN) for 5 minutes. f Another quarter of the tax increases Mr. GENE GREEN of Texas. Mr. THE JOURNAL will come from the expiration of the al- Speaker, today I rise to commemorate ternative minimum tax. With all of the 176th anniversary of the Battle of The SPEAKER pro tempore. The this talk about creating the Buffett San Jacinto. Last Saturday, the State Chair has examined the Journal of the rule, the President seems to forget that of Texas celebrated April 21, 1836, when last day’s proceedings and announces we already have the Buffett rule in the Texas forces led by General Sam Hous- to the House his approval thereof. AMT. The AMT was created in 1969 to ton dealt a decisive blow to General Pursuant to clause 1, rule I, the Jour- ensure that 155 high-income households Antonio Lopez de Santa Anna. nal stands approved. paying zero Federal income taxes Several weeks after the signing of f would pay income taxes. Unfortu- the Texas Declaration of Independence nately, it was never indexed to infla- in March 1836, roughly 900 members of PLEDGE OF ALLEGIANCE tion. So more and more Americans be- the Texas Army overpowered a much The SPEAKER pro tempore. Will the come entangled in the AMT, and today larger Mexican Army in a surprise at- gentleman from the Northern Mariana the AMT threatens to hit most Ameri- tack. Islands (Mr. SABLAN) come forward and cans in the middle class and is regu- Texas soldiers ran and shouted, ‘‘Re- lead the House in the Pledge of Alle- larly patched to protect taxpayers, but member the Alamo’’ and ‘‘Remember giance. never repealed. Unless it is dealt with, Goliad.’’ Some 700 Mexican soldiers Mr. SABLAN led the Pledge of Alle- it will impact millions of middle class were killed and 730 captured, while giance as follows: taxpayers. only 9 Texans died. General Santa I pledge allegiance to the Flag of the In 2013, we get a brand new tax, cour- Anna was captured the following day. United States of America, and to the Repub- tesy of ObamaCare. There will be a 3.8 He signed the peace treaties that or- lic for which it stands, one nation under God, percent tax on wages and salaries over dered the Mexican Army to leave indivisible, with liberty and justice for all. $250,000 and investment income over Texas, paving the way for the Republic f that same amount. While this seems of Texas to become an independent like it won’t affect most people, this country and later a State in our great WELCOMING REVEREND JOEL tax can apply to unearned income, like country. OSTEEN capital gains from selling your home, The battle was memorialized along The SPEAKER pro tempore. Without which will affect middle class families Buffalo Bayou and San Jacinto River objection, the gentlewoman from Texas when they sell property. Like the AMT with the San Jacinto Monument in (Ms. JACKSON LEE) is recognized for 1 tax penalty, this tax is not indexed to east Harris County. It is in our con- minute. inflation, which means that more and gressional district. Ms. JACKSON LEE of Texas. Mr. more Americans will be affected by God bless Texas and God bless the Speaker, it gives me a great amount of this tax over time. United States of America. privilege today to welcome two humble

VerDate Mar 15 2010 02:54 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.011 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2043 spirits in Pastor Joel Osteen and Co- I’m delighted to host Pastor Joel are indeed being seen in millions of homes Pastor Victoria Osteen, and to recog- Osteen and his co-pastor, his wife, Vic- around the world. nize their entire family and their de- toria Osteen, for what they are doing Currently Joe’s services can be seen in lightful children, Alexandra and Jona- not only for their church and their nearly 100 countries. Lakewood Church is than. Two humble spirits. members, but really what they’re doing nondenominational—there are no crosses or As was reflected in his prayer, Joel for harmony and the spirit of America. other visual representations of Jesus—instead, Osteen has taught us to embrace God’s Mr. Speaker, I rise today to acknowledge the focus is on the message as delivered by grace and mercy, and for those who the achievements of a native Houstonian Joel Joel and his co-pastors. He wants to teach will listen, to stand in the sunlight of Osteen, his wife of 21 years Victoria Osteen, people on the redemption of Jesus Christ. joy as one looks toward the hopeful- as well as, Joel’s parents John and Dodie ness of the future. Osteen. Their Church Lakewood was estab- Joel has been preaching to millions of peo- I am delighted that Lakewood start- lished in 1959 in my district the 18th Congres- ple around the world. He has a strong mes- ed in a feedstock store in the 18th Con- sional District in Houston, Texas. sage of unity and encourages diversity and gressional District. The story is told Joel was born in Houston on March 5, 1965 acceptance. Joel is arguably the most popular that there were spiders and a lot of and has become an internationally known preacher in the country. Lakewood Church is dust, organized by his wonderful fa- televangelist, theologian, speaker and writer. the largest congregation in the United States, ther, John Osteen, and his mother, He was born into a family dedicated to serv- averaging more than 43,500 in attendance per Dodie Osteen, two who loved each ing their community. In 1959, six years before week. The congregation in Houston meets in other dearly but really loved the Lord. his birth, Joel’s parents, John and Dodie a 16,000-seat former sports arena. Out of that wonderful union came Osteen, founded the Lakewood Church in On any given Sunday over 7 million people five children. And out of that wonder- Houston, Texas. Joel bore witness to his par- watch his services. And his ability to embrace ment, as John Osteen preached for over ents’ commitment to the church and the com- technology has allowed even more viewers to 40 years, as the love of his wife, Dodie munity that they served. witness his services. Currently the church has Osteen, provided a comfort at his side, Joel has married a woman who shares his 48 million podcasts with over 1 million people they built a wonderful church called level of commitment. His wife Victoria is also downloading their podcasts every week. the Oasis of Love. his co-pastor and together they have two chil- But John was taken from us suddenly I commend Joel Osteen, his wife Vic- dren Alexandra and Jonathan. toria, his family and his Lakewood in 1999. A young man by the name of John Osteen was not only a founder but Joel was at school. But, knowing how Church team ministry who have also the Pastor of Lakewood Church and as much he loved his family, he came worked together to put forward a mes- the years progressed he along with Dodie was home, just happening, a month or so sage that has engaged the hearts and able to develop a loyal local following. John ago or a few years before, working with minds of millions. was a prolific writer and authored 45 books his father’s ministry, and gave a ser- and his wife, Dodie joined him in his passion JOEL’S STORY mon for the first time one week before for writing. She also published a book which Joel Osteen is currently in negotia- his father died. Maybe it was the father described her battle with metastic cancer of tions with a major network to anchor a telling the son that now it is your the liver. Dodie’s survival was a miracle and a primetime reality series based on the time. As we look to the future, Pastor Joel blessing for all who heard her story. inspirational themes of his Sunday ser- Osteen, who has published many books, Joel, who has always been strongly com- mons. The show will orginate from continues to be a humble spirit, is mitted to his family, left for university; how- Lakewood Church and tell the stories known to have the largest and most ever, he returned home early and continued to of ordinary people meeting extraor- growing church in American history help his family with the church. Joel had found dinary challenges. and, as well, continues with a humble his calling in life, and gave his first sermon Joel Osteen is a native Houstonian spirit. His phrase that ‘‘Our God is a one week before his father’s death. That mo- and the Pastor of Lakewood Church, good God who desires to bless those ment set his future destiny—he was called to which according to Church Growth who are obedient and faithful to him’’ pastor Lakewood Church. Today is America’s largest and fastest is one that we’re reminded of. He con- Before that, Joel believed the next step for growing church. the church was television and he worked with- tinues to ensure that those who are in On July 16, 2005 after completing $95 out ceasing behind cameras and as a pro- need have a sense of inspiration and million in renovations, Joel moved ducer of the church’s broadcasts. Young Joel hope, and he continues to preach this Lakewood Church into its new 16,000- had a vision and the Osteens, as a family, word around the world. seat home—the former Compaq Center. worked towards that vision to bring their He asks for all of us, and he asks for It is the largest regularly-used worship church into the homes of millions of people America and the world, to become all center in the United States. that God created you to be, and con- around the world as a conduit to deliver the tinues to emphasize that we are better word of the Lord. Each week Joel delivers God’s mes- than we think. As he was the product In 1999, Joel reached his 34th birthday and sage of hope and encouragement to of John and Dodie Osteen, he is now, in that year he along with his family had al- more than 38,000 attendees. along with his wife and along with his ready celebrated many successes. Sadly, they According to Nielsen Media Re- mother, continuing to shine a light. also had to come together that year to mourn search, Joel is the most watched inspi- We’re delighted to have him today the loss of their patriarch, John Osteen, who rational figure in America. because we need a light in America. As died of a heart attack. His weekly sermon is broadcast into he reaches those who are seeking light, At the time of his father’s death, Joel had to every U.S. television market where it we ask Pastor Joel Osteen, in his decide what to do next. He had spent his life is viewed by 7 million Americans each books, in his message, to continue to dedicated to supporting the mission of the week and more than 20 million each bless us. He is, in fact, someone who Lakewood Church. He could have chosen a month. His weekly broadcast is also warmly says: America is a great coun- different path in life but had remained stead- seen in almost 100 nations around the try, but we’re better when we work to- fast in working with the congregation for so world. gether. long. Thank you, Pastor Osteen, for keep- Instead of leaving the church upon his fa- In 2004, his first book, Your Best Life ing the dream alive, that of your father ther’s death, Joel decided to pick up the torch Now, was released by Time Warner and mother, of a church that was start- lit by his parents and stepped into his father’s debuting at the top of the New York ed in 1959. Thank you as well for open- shoes as Pastor of Lakewood Church. The Times Bestsellers List and quickly ris- ing the doors of your church to every- rest is history. ing to #1. It remained on the New York one that would come. But more impor- Within the space of 9 years, Joel has trans- Times Bestsellers List for more than 2 tantly, every background, race, color, formed the Church and left his mark on his- years and has sold more than 4 million or creed is welcome in those pews, now tory. According to reports, Lakewood Church copies. some 16,000. And that was a former bas- under Joel Osteen’s leadership has become Joel was named as one of Barbara Walters’ ketball stadium, or arena, but yet now America’s largest and fastest growing church. ‘‘10 Most Fascinating People of 2006’’ and he people come and worship. The Osteen family has lived their vision; they was selected as the ‘‘Most Influential Christian

VerDate Mar 15 2010 04:33 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 9920 E:\CR\FM\K24AP7.012 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2044 CONGRESSIONAL RECORD — HOUSE April 24, 2012 in 2006’’ by the readers of Church Report deeper in faith, knowledge, love and rela- program by the Public University Hon- Magazine. tionship with Him. We desire to express the ors organization. This achievement spirit of Jesus through the individual mem- PREPARED FOR GOD’S CALLING will be published in ‘‘A Review of 50 bers of the body; through uplifting public Public University Honors Programs’’ Joel, the son of John Osteen, a highly re- worship and intimate small group fellowship; spected minister of the Gospel and the found- and through committed prayer and dedica- later this month. er of Lakewood Church, attended Oral Rob- tion to God’s will. We strive to offer a wel- The University of South Carolina erts University in Tulsa, Oklahoma, where he coming environment for truth-seekers irre- Honors College was established in 1978 studied radio and television communications. spective of knowledge, experience, and back- and has more than 8,000 alumni spread In 1982, Joel returned to Houston and ground. We want to follow God wherever He across the world. Since its founding, founded Lakewood’s television ministry where leads to make a difference in others’ lives by USC Honors College students have won identifying individual talents and preparing he produced John Osteen’s televised sermons over 363 national awards, including the people for kingdom service locally, nation- Rhodes, Marshall, Goldwater, and oth- for 17 years until January 1999 when his fa- ally and globally. We desire to do this with ther passed away suddenly from a heart at- humility and love giving God the glory! ers. tack. Community: God wants me to be a MEM- The 2011 incoming Honors College For many years, John Osteen encouraged BER of His family—This is the purpose of class had an average SAT score of 1427 Joel to preach, but he always declined prefer- fellowship. Following Christ is not just a and an average weighted GPA of 4.61. ring to work behind the scenes. But, in early matter of believing; it also includes belong- Congratulations, Dr. Steve Lynn, dean 1999 Joel felt compelled to accept his father’s ing. The Christian life is not a solo act. God of the Honors College, and university has given us the church as a spiritual family president, Harris Pastides, on their invitation and he preached his first sermon on for our own benefit. Your are members of January 17th of that year. Little did anyone leadership and accomplishments. God’s very own family . . . and you belong in In conclusion, God bless our troops, know that would be the last Sunday of John God’s household with every other Christian Osteen’s life. Two weeks later, Joel began (Ephesians 2:19). and we will never forget September the preaching and later that year was installed as Loving God: God wants me to be a MAG- 11th in the global war on terrorism. the new Senior Pastor of Lakewood Church. NIFIER of His name—We are called to wor- f ship God. O Magnify the Lord with me, and A NEW VISION FOR THE NEW MILLENNIUM 1410 let us exalt His name together (Psalm 34.3). b Almost immediately, weekly attendance There is an inborn urge to worship in every CELEBRATING THE 25TH ANNIVER- began to grow at an extraordinary rate and in human being. If we don’t worship God, we SARY OF WE THE PEOPLE 2005, Joel moved Lakewood Church into its will find a replacement. We may worship our present location, the former Compaq Center, a job, family, money, a sport, or even our- (Mr. SABLAN asked and was given 16,000-seat arena that was once home to the selves. That is why the very first command- permission to address the House for 1 Houston Rockets professional basketball ment says. ‘‘Thou shalt have no other god’s minute and to revise and extend his re- team. Now, with his wife Victoria, and the before Me.’’ (Exodus 20:3) marks.) leadership staff at Lakewood, the innovative Loving Others: God wants me to be a MES- Mr. SABLAN. Mr. Speaker, this year SENGER of His love—Once we have been we celebrate the 25th anniversary of church is poised for the new millennium. born again, we become messengers of the Joel’s extraordinary success can be found in We the People: The Citizen and the Good News to others. It is part of the job de- Constitution. Since We the People his core message: ‘‘That our God is a good scription for every believer. For God was in God who desires to bless those who are obe- Christ, restoring the world to himself, no began in 1987, more than 30 million dient and faithful to Him through Jesus longer counting men’s sins against them but high school students and 90,000 teach- Christ.’’ blotting them out. This is the wonderful ers have participated in this valuable It is Joel’s deepest desire that his own life message He has given us to tell others. We program that promotes the under- be an example of that principle and that every- are Christ’s ambassadors. God is using us to standing of the constitutional prin- speak to you: we beg you, as though Christ one who hears this message of hope and en- ciples that shape and guide our Nation himself were here pleading with you, receive and instills a sense of civic responsi- couragement would choose to accept God’s the love He offers you—be reconciled to God goodness and mercy and to become all that bility in young people. (2 Corinthians 5:19–20). This year, more than 1,000 students God wants them to be. Loving Others: God wants me to be a MIN- from every part of our country will JOEL’S BACKGROUND ISTER of His grace—A responsibility of take part in the National Finals here Born in Houston, Texas, Osteen married every Christian is service. God expects us to use the gifts, talents, and opportunities He in Washington. The competition will Victoria L. Iloff on April 4, 1987. They have gives us to benefit others. Each one should test students’ knowledge of the U.S. two children, Jonathan and Alexandra. use whatever gift he has received to serve Constitution and the Bill of Rights, Joel, son of John and Dolores (Dodie) Pil- others, faithfully administering God’s grace showcasing their intelligence, deter- grim, is one of five children. His older siblings, in its various forms (1 Peter 4:10). mination, and teamwork. Paul, Lisa, and Tamara, and his younger sis- Imitating Christ: God wants me to be a I want to recognize 24 exceptionally MODEL of his character—The goal of disci- ter, April, are also involved in full-time ministry. talented and hardworking students Joel’s half-brother Justin does missionary pleship is becoming just like Christ. For God knew His people in advance, and He chose from Saipan Southern High School in work out of New York. the Northern Mariana Islands who re- Joel’s father, John Osteen, a former South- them to become like His Son (Romans 8:29). In 1 Timothy 4:12, Paul describes specific turn to the Finals as repeat regional ern Baptist pastor who became Charismatic in areas where we are to model the character of champions. Working together and the late 1950s, founded Lakewood Church on Christ . . . set an example for the believers striving for excellence are defining Mother’s Day, 1959. in speech, in life, in love, in faith, and in pu- traits of this time. I congratulate them Osteen’s father developed Lakewood into a rity. Notice that maturity is not measured and their teachers and coaches, and by one’s learning but by one’s lifestyle. body of approximately 6,000 members with an wish them all success in this year’s We active television ministry, conferences, mis- f the People competition. sionary support and food distribution. Currently, Osteen and several Lakewood USC HONORS COLLEGE NAMED f Church personnel travel across the nation, TOP HONORS COLLEGE IN NATION HONORING THE LIFE OF CHUCK presenting programs in large arenas. The (Mr. WILSON of South Carolina COLSON event, titled ‘‘A Night of Hope,’’ includes wor- asked and was given permission to ad- (Mr. PITTS asked and was given per- ship music led by the church’s music ministry, dress the House for 1 minute and to re- mission to address the House for 1 a testimony by Joel’s mother Dodie and a ser- vise and extend his remarks.) minute and to revise and extend his re- mon from Osteen. In 2007, the tour expanded Mr. WILSON of South Carolina. Mr. marks.) to include stops in several other countries, in- Speaker, based upon their rigorous cur- Mr. PITTS. Mr. Speaker, this past cluding Canada, England, Northern Ireland riculum, retention and graduation weekend, Chuck Colson, a former and Israel. rates, honors housing, study abroad Nixon administration lawyer, founder MISSION/VISION OF LAKEWOOD programs, and enrichment opportuni- of Prison Fellowship, and a good friend, LAKEWOOD CHURCH ties for students, the University of passed away. Vision Paragraph: Lakewood seeks to be- South Carolina Honors College was re- I first got to know Colson through come a vibrant community for God growing cently named the number one honors his incredible ministry. I knew of his

VerDate Mar 15 2010 04:31 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.007 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2045 time serving in Maxwell prison in Ala- OFFICE OF THE CLERK, section (b) to a person or legal entity that rep- bama, and after he was released, I in- HOUSE OF REPRESENTATIVES, resents (by power of attorney) the majority of vited him, as a young State legislator Washington, DC, April 24, 2012. landowners with private property adjacent to in Pennsylvania, to come and speak to Hon. JOHN A. BOEHNER, the two parcels. These parcels are within the The Speaker, U.S. Capitol, boundaries of the Coconino National Forest and a dinner in my district. I had 535 people House of Representatives, Washington, DC. contain private improvements that were devel- show up. He spoke and shared the con- DEAR MR. SPEAKER: Pursuant to the per- oped based upon the reliance of the landowners cept that he had gotten as he served in mission granted in Clause 2(h) of Rule II of in an erroneous survey conducted in May 1960. prison of this idea of Prison Fellow- the Rules of the U.S. House of Representa- (b) DESCRIPTION OF LAND.—The two parcels of ship. tives, the Clerk received the following mes- land authorized for conveyance under sub- He asked me and another fellow to go sage from the Secretary of the Senate on section (a) consist of approximately 2.67 acres up to a couple of Federal prisons in April 24, 2012 at 12:45 p.m.: described in the Bureau of Land Management’s Pennsylvania and select four prisoners That the Senate passed with an amend- Survey Plat titled Subdivision and Metes and ment H.R. 4348. Bounds Surveys in secs. 28 and 29, T. 20 N., R. to bring to Washington for the first 7 E., Gila and Salt River Meridian approved time of this group, and I did. I went to Senate requests a conference with the House and appoints conferees. February 2, 2010, as follows: Lewisburg and Allenwood, met over six With best wishes, I am, (1) Lot 2, sec. 28, T. 20 N., R. 7 E., Gila and weekends with the little Christian fel- Sincerely, Salt River Meridian, Coconino County, Arizona. (2) Lot 1, sec. 29, T. 20 N., R. 7 E., Gila and lowship in those prisons, and they se- KAREN L. HAAS. lected two from each prison. One was a Salt River Meridian, Coconino County, Arizona. f (c) CONSIDERATION.— bank robber, a hijacker, a labor union (1) AMOUNT OF CONSIDERATION.—As consider- racketeer, and a drug dealer. RECESS ation for the conveyance of the two parcels And without guards, the prison offi- The SPEAKER pro tempore. Pursu- under subsection (a), the person or legal entity cials permitted me to drive them to ant to clause 12(a) of rule I, the Chair that represents (by power of attorney) the ma- Washington. We dropped them off here, jority of landowners with private property adja- declares the House in recess until ap- left them for a week, and then I came cent to the parcels shall pay to the Secretary proximately 4:30 p.m. today. and picked them up and took them consideration in the amount of $20,000. Accordingly (at 2 o’clock and 14 min- EPOSIT back. But this idea of Prison Fellow- (2) D .—The Secretary shall deposit the utes p.m.), the House stood in recess. consideration received under this subsection in ship started back then. Chuck, when he a special account in the fund established under would speak to me many times, would f Public Law 90–171 (commonly known as the Sisk call me his first prison volunteer. b 1630 Act; 16 U.S.C. 484a). It was a wonderful ministry. Chuck is (3) USE.—The deposited funds shall be avail- going to be greatly missed. Chuck AFTER RECESS able to the Secretary, without further appro- Colson’s story is really one of grace, priation and until expended, for acquisition of The recess having expired, the House grace that was given to him, that he land in the National Forest System. was called to order by the Speaker pro worked tirelessly to spread across the (d) REVOCATION OF ORDERS.—Any public or- tempore (Mr. HARRIS) at 4 o’clock and ders withdrawing any of the Federal land from Nation and across the world. He will be 30 minutes p.m. appropriation or disposal under the public land sorely missed. laws are revoked to the extent necessary to per- f f mit conveyance of the Federal land under sub- ANNOUNCEMENT BY THE SPEAKER section (a). FISCAL RESPONSIBILITY IN (e) WITHDRAWAL OF FEDERAL LAND.—Subject FEDERAL CONTRACTING ACT PRO TEMPORE to valid existing rights, the Federal land author- (Mr. GOSAR asked and was given The SPEAKER pro tempore. Pursu- ized for conveyance under subsection (a) is permission to address the House for 1 ant to clause 8 of rule XX, the Chair withdrawn from all forms of entry and appro- minute.) will postpone further proceedings priation under the public land laws, location, Mr. GOSAR. Mr. Speaker, this House today on motions to suspend the rules entry, and patent under the mining laws, and operation of the mineral leasing and geothermal has a critical opportunity to reform on which a recorded vote or the yeas leasing laws until the date which the convey- the Federal contracting process, save and nays are ordered, or on which the ance is completed. the taxpayers billions of dollars, and vote incurs objection under clause 6 of (f) OTHER TERMS AND CONDITIONS.—The con- spur job creation. Last Thursday, I in- rule XX. veyance authorized by subsection (a) shall be troduced the Fiscal Responsibility in Record votes on postponed questions subject only to those surveys and clearances as Federal Contracting Act to suspend the will be taken after 6:30 p.m. today. needed to protect the interests of the United Davis-Bacon Act for 10 years. States. f (g) DURATION OF AUTHORITY.—The authority The Davis-Bacon Act requires the De- provided under this section shall terminate three partment of Labor to, essentially, set CONVEYANCE OF LAND TO COR- years after the date of the enactment of this wage rates for workers on Federal con- RECT ERRONEOUS SURVEY, Act. struction projects. The metrics used to COCONINO NATIONAL FOREST, The SPEAKER pro tempore. Pursu- come up with these wages are deeply ARIZONA ant to the rule, the gentleman from flawed and inflate the labor costs of Mr. BISHOP of Utah. Mr. Speaker, I Utah (Mr. BISHOP) and the gentle- Federal construction projects by 22 move to suspend the rules and pass the woman from Massachusetts (Ms. TSON- percent. bill (H.R. 1038) to authorize the convey- GAS) each will control 20 minutes. Suspending this act, as Presidents of ance of two small parcels of land with- The Chair recognizes the gentleman both parties have done in the past, in the boundaries of the Coconino Na- from Utah. would save the taxpayers billions per tional Forest containing private im- GENERAL LEAVE year and empower Federal contractors provements that were developed based Mr. BISHOP of Utah. Mr. Speaker, I to employ more people on their upon the reliance of the landowners in ask unanimous consent that all Mem- projects. Imagine getting five Federal an erroneous survey conducted in May bers may have 5 legislative days to re- projects for the price of four. That’s a 1960, as amended. vise and extend their remarks and in- win/win for the U.S. taxpayer and con- The Clerk read the title of the bill. clude extraneous material on the bill struction workers. The text of the bill is as follows: under consideration. I urge my colleagues to join me in The SPEAKER pro tempore. Is there this important reform bill by cospon- H.R. 1038 objection to the request of the gen- soring H.R. 4403. Be it enacted by the Senate and House of Rep- tleman from Utah? resentatives of the United States of America in f There was no objection. Congress assembled, Mr. BISHOP of Utah. And for some COMMUNICATION FROM THE SECTION 1. CONVEYANCE OF LAND TO CORRECT obvious reasons, I yield such time as he CLERK OF THE HOUSE ERRONEOUS SURVEY, COCONINO NA- TIONAL FOREST, ARIZONA. may consume to the gentleman from The SPEAKER pro tempore laid be- (a) CONVEYANCE AUTHORIZED.—The Secretary Arizona (Mr. GOSAR), the sponsor of fore the House the following commu- of Agriculture may convey by quitclaim deed all this bill that solves some real prob- nication from the Clerk of the House of right, title, and interest of the United States in lems, for the introduction of this par- Representatives: and to the two parcels of land described in sub- ticular bill.

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.007 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2046 CONGRESSIONAL RECORD — HOUSE April 24, 2012 Mr. GOSAR. Mr. Speaker, I rise neighborhood and Coconino County. est System lands in the Inyo National today in support of my legislation, They worked with my office to put to- Forest, and for other purposes. H.R. 1038, legislation that settles a gether a video, to call members of the The Clerk read the title of the bill. Federal land boundary dispute in the committee, and to advocate on behalf The text of the bill is as follows: Mountainaire subdivision in Coconino of this bill. Without this teamwork, we H.R. 2157 County, Arizona. This legislation is a would not have garnered unanimous Be it enacted by the Senate and House of Rep- commonsense solution to an incompre- support at the committee level and resentatives of the United States of America in hensible Federal land situation. would not be voting on this bill today. Congress assembled, In 1961, the Federal Government con- I would also like to thank Chairmen SECTION 1. SPECIAL RULES FOR INYO NATIONAL ducted a survey in which several acres FOREST LAND EXCHANGE. HASTINGS and BISHOP and their staffs (a) AUTHORITY TO ACCEPT LANDS OUTSIDE of the United States Forest Service for pushing this bill forward. While this BOUNDARIES OF INYO NATIONAL FOREST.—In land were misidentified as private bill affects a small amount of land, it any land exchange involving the conveyance property. It was not until 2007, when is vital to the livelihoods of my con- of certain National Forest System land lo- the Federal Government contracted an- stituents that are affected. cated within the boundaries of Inyo National other private survey, that the mistakes It is not often that Congress gets the Forest in California, as shown on the map ti- were realized, and the residents of the opportunity to take up noncontrover- tled ‘‘Federal Parcel’’ and dated June 2011, Mountainaire neighborhood were in- the Secretary of Agriculture may accept for sial legislation like H.R. 1038. I encour- acquisition in the exchange certain non-Fed- formed of these errors. age my colleagues to vote in favor of eral lands in California lying outside the Until the 2007 survey, many of these this legislation and relieve my con- boundaries of Inyo National Forest, as shown residents had maintained these parcels stituents of this financially burden- on the maps titled ‘‘DWP Parcel – Inter- and had developed them as their own some situation. agency Visitor Center Parcel’’ and ‘‘DWP for years and, in some cases, decades. Ms. TSONGAS. Mr. Speaker, I yield Parcel – Town of Bishop Parcel’’ and dated In essence, the Federal Government myself such time as I may consume. June 2011, if the Secretary determines that acquisition of the non-Federal lands is desir- seized lands that residents had main- (Ms. TSONGAS asked and was given tained, developed, and paid taxes on for able for National Forest System purposes. permission to revise and extend her re- (b) CASH EQUALIZATION PAYMENT; USE.—In years. marks.) an exchange described in subsection (a), the So what does this mean? Ms. TSONGAS. Mr. Speaker, this bill Secretary of Agriculture may accept a cash On some of these parcels, the revised corrects a survey error made in the equalization payment in excess of 25 percent. boundary goes right through the por- 1960s. The landowners will be required Any such cash equalization payment shall be tions of the residents’ homes, literally to pay $20,000 for these two parcels. We deposited into the account in the Treasury of right through people’s homes. Can you the United States established by Public Law have no objections to Congressman imagine the Forest Service, if they told 90–171 (commonly known as the Sisk Act; 16 OSAR’s legislation. you we own half of your living room? G U.S.C. 484a) and shall be made available to Questions associated with the land I reserve the balance of my time. the Secretary for the acquisition of land for ownership have plummeted property Mr. BISHOP of Utah. We have no addition to the National Forest System. other speakers. I’d ask if there are (c) RULE OF CONSTRUCTION.—Nothing in values in the neighborhood and pre- this section shall be construed to grant the vented a number of owners from selling other speakers on your side. Ms. TSONGAS. We have no other Secretary of Agriculture new land exchange their homes. authority. This section modifies the use of For years, the residents of this neigh- speakers. land exchange authorities already available borhood have tried to work individ- Mr. BISHOP of Utah. I am ready to to the Secretary as of the date of the enact- ually with the Forest Service to settle close if you’re ready to yield back. ment of this Act. the situation administratively. It did Ms. TSONGAS. I yield back the bal- The SPEAKER pro tempore. Pursu- not work. So I put forth this legisla- ance of my time. ant to the rule, the gentleman from tion to solve the problem immediately. Mr. BISHOP of Utah. Mr. Speaker, as Utah (Mr. BISHOP) and the gentle- H.R. 1038 authorizes the Forest Serv- has been said, this is a problem. It’s woman from Massachusetts (Ms. TSON- ice to convey all rights, titles, and in- sad that it has to come all the way to GAS) each will control 20 minutes. terests in approximately 2.67 acres of the Congress to actually solve this The Chair recognizes the gentleman the Coconino National Forest to the problem, but it is being solved; and I from Utah. homeowners. It will provide much- appreciate the gentleman from Arizo- GENERAL LEAVE needed relief to my constituents in the na’s hard work in trying to help his Mr. BISHOP of Utah. I, again, ask Mountainaire subdivision in Coconino constituents out. unanimous consent that all Members County. I would encourage our Members to have 5 legislative days to revise and ex- In exchange for the land, the home- support this bill, and I yield back the tend their remarks and include extra- owners pay a fee. The $20,000, required balance of my time. neous material on this bill under con- in the bill, which was agreed to by all The SPEAKER pro tempore. The sideration. parties, including representatives from question is on the motion offered by The SPEAKER pro tempore. Is there the local national forest, is based on the gentleman from Utah (Mr. BISHOP) objection to the request of the gen- precedence, the Northern Arizona Land that the House suspend the rules and tleman from Utah? Exchange legislation. This legislation pass the bill, H.R. 1038, as amended. There was no objection. pertained to a small piece of property The question was taken. Mr. BISHOP of Utah. This is another within the same county. The SPEAKER pro tempore. In the good bill that solves a problem that Frankly, I do not believe these con- opinion of the Chair, two-thirds being should have been solved at another stituents should have to pay anything in the affirmative, the ayes have it. level, and to introduce it I would yield to retain property rights on land they Mr. BISHOP of Utah. Mr. Speaker, on such time as he may consume to the have developed and paid taxes on as that I demand the yeas and nays. sponsor, the gentleman from California property owners for decades. However, The yeas and nays were ordered. (Mr. MCKEON). I have agreed to this compromise, a The SPEAKER pro tempore. Pursu- Mr. MCKEON. Mr. Speaker, I thank compromise agreed upon by all parties, ant to clause 8 of rule XX, further pro- the gentleman for yielding, and I rise because my constituents need this situ- ceedings on this question will be post- today in support of my legislation, ation fixed now. poned. H.R. 2157. The Forest Service does not want to f I want to thank Chairman HASTINGS own these people’s living rooms, and and Ranking Member MARKEY, as well SPECIAL RULES FOR INYO NA- the property owners certainly don’t as Subcommittee Chairman BISHOP and TIONAL FOREST LAND EX- want to share their homes or yards Ranking Member GRIJALVA, for giving with the Forest Service. This bill is a CHANGE my legislation a fair hearing and mov- no-brainer. Everyone supports it, in- Mr. BISHOP of Utah. Mr. Speaker, I ing the bill through the committee. cluding the administration. move to suspend the rules and pass the Mr. Speaker, the Mammoth Moun- Before I conclude, I want to thank bill (H.R. 2157) to facilitate a land ex- tain Ski Area is located in the north- the residents of the Mountainaire change involving certain National For- ern half of my district in the eastern

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.014 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2047 Sierra Mountains. Mammoth provides ties involved, and I urge my colleagues (3) the owner of the facility holds a valid between 10 and 30 percent of the total to support H.R. 2157. water right for use of the water on the own- employment in Mono County, and it’s a Ms. TSONGAS. Mr. Speaker, I yield er’s non-Federal land under Idaho State law, primary recreation destination for myself such time as I may consume. with a priority date that predates the date of (Ms. TSONGAS asked and was given designation; and tourists all throughout California and (4) it is not practicable or feasible to relo- the United States. Each winter, Mam- permission to revise and extend her re- cate the facility to land outside of the wil- moth sees an average of 1.3 million marks.) derness and continue the beneficial use of visitors. Ms. TSONGAS. H.R. 2157 provides for water on the non-Federal land recognized a land exchange between the United under State law. b 1640 States Forest Service and the Mam- (b) TERMS AND CONDITIONS.— These visitors pump vital money into moth Mountain Ski Area. We applaud (1) REQUIRED TERMS AND CONDITIONS.—In a special use authorization issued under sub- the local economy by populating ho- Congressman MCKEON for this legisla- tels, motels, restaurants, and stores tion and support the passage of this section (a), the Secretary shall— throughout the region. (A) allow use of motorized equipment and bill. mechanized transport for operation, mainte- Tourism is the lifeblood of the east- I yield back the balance of my time. nance, or reconstruction of a facility, if the ern Sierra. Mammoth has operated on Mr. BISHOP of Utah. This is another Secretary determines that— a special use permit from the U.S. For- great bill. I urge its adoption. (i) the use is necessary to allow the facility est Service since 1953. The base area of I yield back the balance of my time. to continue delivery of water to the non-Fed- the mountain is aging rapidly and is in The SPEAKER pro tempore. The eral land for the beneficial uses recognized need of renovation and redevelopment question is on the motion offered by by the water right held under Idaho State in order to provide a safer, more enjoy- the gentleman from Utah (Mr. BISHOP) law; and able experience for visitors to Mam- that the House suspend the rules and (ii) the use of nonmotorized equipment and pass the bill, H.R. 2157. nonmechanized transport is impracticable or moth Mountain; however, these ren- infeasible; and ovations are difficult to achieve under The question was taken. (B) preclude use of the facility for the stor- the terms of the special use permit. The SPEAKER pro tempore. In the age, diversion, or transport of water in ex- Since 1998, Mammoth Mountain has opinion of the Chair, two-thirds being cess of the water right recognized by the been working with the Forest Service in the affirmative, the ayes have it. State of Idaho on the date of designation. to complete a land exchange between Mr. BISHOP of Utah. Mr. Speaker, on (2) DISCRETIONARY TERMS AND CONDITIONS.— their main base parcel and other de- that I demand the yeas and nays. In a special use authorization issued under sired Forest Service acquisitions. The yeas and nays were ordered. subsection (a), the Secretary may— The SPEAKER pro tempore. Pursu- (A) require or allow modification or reloca- These acquisitions include high-re- tion of the facility in the wilderness, as the source value lands in the Inyo, El Do- ant to clause 8 of rule XX, further pro- ceedings on this question will be post- Secretary determines necessary, to reduce rado, Stanislaus, and Plumas National impacts to wilderness values set forth in sec- Forests. The exchange would allow the poned. tion 2 of the Wilderness Act (16 U.S.C. 1131) main base to undergo significant and f if the beneficial use of water on the non-Fed- needed renovations. IDAHO WILDERNESS WATER eral land is not diminished; and (B) require that the owner provide a recip- My legislation is meant to supple- RESOURCES PROTECTION ACT ment and codify this agreement. It is rocal right of access across the non-Federal Mr. BISHOP of Utah. Mr. Speaker, I property, in which case, the owner shall re- needed for two reasons: move to suspend the rules and pass the ceive market value for any right-of-way or Number one, the two parcels that the bill (H.R. 2050) to authorize the contin- other interest in real property conveyed to Forest Service wants are outside Inyo ued use of certain water diversions lo- the United States, and market value may be National Forest boundaries. Both par- cated on National Forest System land paid by the Secretary, in whole or in part, by cels are currently leased by the Inyo the grant of a reciprocal right-of-way, or by in the Frank Church-River of No Re- National Forest from the Los Angeles reduction of fees or other costs that may ac- turn Wilderness and the Selway-Bitter- Department of Water and Power; crue to the owner to obtain the authoriza- root Wilderness in the State of Idaho, Number two, there’s more value in tion for water facilities. and for other purposes. the Mammoth Mountain parcel than in The SPEAKER pro tempore. Pursu- The Clerk read the title of the bill. all the land parcels exchanged in total. ant to the rule, the gentleman from The text of the bill is as follows: So Mammoth needs legislation for per- Utah (Mr. BISHOP) and the gentle- mission to pay a cash equalization to H.R. 2050 woman from Massachusetts (Ms. TSON- the Federal Government that will be Be it enacted by the Senate and House of Rep- GAS) each will control 20 minutes. resentatives of the United States of America in The Chair recognizes the gentleman used for future forest acquisition. Congress assembled, The agreement is widely supported from Utah. SECTION 1. SHORT TITLE. by the local community because resi- GENERAL LEAVE This Act may be cited as the ‘‘Idaho Wil- Mr. BISHOP of Utah. I ask unani- dents, business owners, local govern- derness Water Resources Protection Act’’. mous consent that all Members may ments understand the great value of SEC. 2. TREATMENT OF EXISTING WATER DIVER- having Mammoth Mountain in their SIONS IN FRANK CHURCH-RIVER OF have 5 legislative days to revise and ex- community. Besides jobs and recre- NO RETURN WILDERNESS AND tend their remarks and include extra- SELWAY-BITTERROOT WILDERNESS, neous material on the bill under con- ation, Mammoth supports a significant IDAHO. portion of the tax base providing need- sideration. (a) AUTHORIZATION FOR CONTINUED USE.— The SPEAKER pro tempore. Is there ed revenue throughout the region. The Secretary of Agriculture shall issue a objection to the request of the gen- We’ve received numerous letters of special use authorization to the owners of a tleman from Utah? support from community members, in- water storage, transport, or diversion facil- There was no objection. cluding those from Duane Hazard, ity (in this section referred to as a ‘‘facil- ity’’) located on National Forest System Mr. BISHOP of Utah. Mr. Speaker, chair of the Mono County Board of Su- again we have a bill that does a great pervisors; Vikki Bauer, member of the land in the Frank Church-River of No Return Wilderness and the Selway-Bitterroot Wil- job in solving a problem that should Mono County Board of Supervisors; the derness for the continued operation, mainte- have been solved a long time ago, espe- Mono Lake Committee; the Eastern Si- nance, and reconstruction of the facility if cially if the Senate would ever listen to erra Land Trust; and the Mammoth the Secretary determines that— it. Lakes Town Council. (1) the facility was in existence on the date To introduce his bill, I would like to Mr. Speaker, thank you for giving on which the land upon which the facility is yield such time as he may consume to my bill time on the floor. Mammoth located was designated as part of the Na- the sponsor of the bill, the gentleman tional Wilderness Preservation System (in Mountain has been a good steward of from Idaho (Mr. SIMPSON). the environment, a solid partner in this section referred to as ‘‘the date of des- ignation’’); Mr. SIMPSON. I thank the gen- economic vitality for the region, and (2) the facility has been in substantially tleman from Utah for yielding. an honest party in negotiations with continuous use to deliver water for the bene- Mr. Speaker, I rise today in support the Forest Service. This land exchange ficial use on the owner’s non-Federal land of H.R. 2050, the Idaho Wilderness will be mutually beneficial for all par- since the date of designation; Water Resources Protection Act.

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.017 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2048 CONGRESSIONAL RECORD — HOUSE April 24, 2012 This bipartisan, noncontroversial move it through the legislative process (1) the conditions imposed on the use of the legislation is a technical fix intended without delay so that the necessary parcel of land originally conveyed by the to enable the Forest Service to author- maintenance to these diversions may Secretary pursuant to section 16 of the Fed- ize and permit existing historical water be completed before the damage is be- eral Airport Act (Act of May 13, 1946, ch. 251, 60 Stat. 170) to the State of Minnesota by diversions within Idaho wilderness. yond repair. deed executed May 31, 1950, for the establish- Last Congress, one of my constitu- I thank the gentleman from Utah for ment of an airport in Cook County, Min- ents came to me for help with a prob- yielding this time to me. nesota; and lem. The Middle Fork Lodge has a Ms. TSONGAS. Mr. Speaker, I yield (2) the reversionary interest retained by water diversion within the Frank myself such time as I may consume. the United States in connection with such Church-River of No Return Wilderness (Ms. TSONGAS asked and was given conditions. Area that existed before the wilderness permission to revise and extend her re- (b) INSTRUMENT OF RELEASE.—The Sec- area was established and is protected retary of Agriculture shall execute and file marks.) in the appropriate office a deed of release, under statute. The diversion was begin- Ms. TSONGAS. This legislation pro- amended deed, or other appropriate instru- ning to leak and was in desperate need vides commonsense access to maintain ment reflecting the release of the rever- of repairs to ensure that it did not water facilities within the Frank sionary interest and conditions under sub- threaten the environment and water- Church-River of No Return Wilderness section (a). shed, but it turned out the Forest Serv- area. These water features were The SPEAKER pro tempore. Pursu- ice did not have the authority to issue present prior to the congressional des- ant to the rule, the gentleman from the lodge a permit to make the nec- ignation of Wilderness and are nec- Utah (Mr. BISHOP) and the gentle- essary repairs. essary to protect individual water woman from Massachusetts (Ms. TSON- As we looked at this issue, we discov- rights in the State. We applaud Chair- GAS) each will control 20 minutes. ered that the Forest Service lacked the man SIMPSON for his legislation and The Chair recognizes the gentleman authority throughout both the Frank support the passage of this bill. from Utah. Church Wilderness area, of which there I yield back the balance of my time. GENERAL LEAVE are 22 known water developments, and Mr. BISHOP of Utah. Again, this is Mr. BISHOP of Utah. I ask unani- the Selway-Bitterroot Wilderness, an issue that has been recognized and mous consent that all Members may where there are three. These diversions is a solution that Mr. SIMPSON has pre- have 5 legislative days to revise and ex- are primarily used to support irriga- sented, and I urge its adoption. tend their remarks and include extra- tion and minor hydropower generation I yield back the balance of my time. neous material on the bill under con- for use on non-Federal lands. While the The SPEAKER pro tempore. The sideration. critical situation at the Middle Fork question is on the motion offered by The SPEAKER pro tempore. Is there Lodge brought this issue to my atten- the gentleman from Utah (Mr. BISHOP) objection to the request of the gen- tion, it is obvious that this problem is that the House suspend the rules and tleman from Utah? larger than just one diversion. At some pass the bill, H.R. 2050. There was no objection. point in the future, all 25 of these ex- The question was taken. Mr. BISHOP of Utah. Once again, we isting diversions will need mainte- The SPEAKER pro tempore. In the have a problem that should easily be nance or repair work done to ensure opinion of the Chair, two-thirds being corrected and a bill that does that. their integrity. in the affirmative, the ayes have it. Mr. Speaker, I wish to yield as much H.R. 2050 authorizes the Forest Serv- Mr. BISHOP of Utah. Mr. Speaker, I time as he may consume to the gen- ice to issue special use permits for all object to the vote on the ground that a tleman from Minnesota (Mr. qualifying historic water systems in quorum is not present and make the CRAVAACK) to explain his particular these wilderness areas. I believe this is point of order that a quorum is not piece of legislation. important that we get ahead of this present. Mr. CRAVAACK. I thank the gen- problem and ensure the Forest Service The SPEAKER pro tempore. Pursu- tleman for yielding. has the tools necessary to manage ant to clause 8 of rule XX, further pro- Mr. Speaker, I rise today in support these lands. ceedings on this question will be post- of H.R. 2947. For these reasons, I’ve introduced poned. This straightforward, commonsense H.R. 2050. The legislation, which was The point of no quorum is considered bill will remedy an unintentional con- passed by the House last Congress, al- withdrawn. sequence of the restrictive language of lows the Forest Service to issue the re- the original deed set in Cook County, quired special use permits to owners of f Minnesota. historic water systems and sets out b 1650 In the 1950s, the Secretary of Agri- specific criteria for doing so. Providing culture granted a deed to the State of RELEASE OF REVERSIONARY IN- this authority will ensure that existing Minnesota to build an airport in Cook TEREST AND USE CONDITIONS, water diversions can be properly main- County. The deed only allowed the land COOK COUNTY AIRPORT, COOK tained and repaired when necessary to be used for airport purposes. That COUNTY, MINNESOTA and preserves beneficial use for private made sense at the time, but it now pre- property owners who hold water rights Mr. BISHOP of Utah. Mr. Speaker, I cludes the county from building a con- under State law. move to suspend the rules and pass the nector road on a sliver of the land. The I have deeply appreciated the co- bill (H.R. 2947) to provide for the re- connector project enjoys broad support operation of the Forest Service in ad- lease of the reversionary interest held throughout the community. H.R. 2947 dressing this problem. Not only have by the United States in certain land does not seek any appropriation of Fed- they communicated with me the need conveyed by the United States in 1950 eral funds, nor does it authorize the to find a systemwide solution to this for the establishment of an airport in project. It merely only proposes to re- issue, but at my request, they drafted Cook County, Minnesota. move a clause placed in the deed when this legislation to ensure that it only The Clerk read the title of the bill. the land was originally granted. This impacts specific targeted historical di- The text of the bill is as follows: bill allows Cook County, Minnesota, to versions—those with valid water rights H.R. 2947 manage their own land as they see fit. that cannot feasibly be relocated out- Be it enacted by the Senate and House of Rep- The bill enjoys bipartisan support of side of the wilderness area. resentatives of the United States of America in Minnesota Senators and Minnesota H.R. 2050 is bipartisan and non- Congress assembled, State representatives. controversial. I know of no opposition SECTION 1. RELEASE OF REVERSIONARY INTER- I’ve reached out to the United States to this bill. It is intended as a simple, EST AND USE CONDITIONS, COOK Forest Service, and they have re- reasonable solution to a problem that I COUNTY AIRPORT, COOK COUNTY, sponded by saying they have no objec- MINNESOTA. think we can all agree should be solved (a) RELEASE OF REVERSIONARY INTEREST tions and support this legislation mov- as quickly as possible. I’m encouraged REQUIRED.—The Secretary of Agriculture, ing forward. I look forward to quickly that the committee held hearings on acting on behalf of the United States, shall remedying this problem so that Cook this bill, and I am hopeful that we can release, without consideration— County can create jobs and improve

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.020 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2049 the lives of its residents and busi- risdiction of the Secretary of the Agri- reau of Land Management to the For- nesses. culture, for inclusion in, and administration est Service. I ask for my colleagues to please join as part of, Cibola National Forest, the public The Crest of Montezuma is remote me in supporting this bill. land administered by the Bureau of Land from the current BLM-managed areas. Management and identified as the ‘‘Crest of It can be better managed by the Forest Ms. TSONGAS. Mr. Speaker, I yield Montezuma’’ on the map referred to in sub- myself such time as I may consume. section (a). Service as part of the Cibola National (Ms. TSONGAS asked and was given (2) EFFECT OF TRANSFER ON EXISTING PER- Forest. Both agencies agree and sup- permission to revise and extend her re- MITS.—In the case of any permit or other port this legislation. marks.) land use authorization for public land trans- I urge the adoption of this measure, Ms. TSONGAS. Mr. Speaker, H.R. ferred under paragraph (1) that is still in ef- and I reserve the balance of my time. 2947 releases a reversionary interest fect as of the transfer date, the Secretary of Ms. TSONGAS. Mr. Speaker, I yield held by the United States to a parcel of Agriculture shall administer the permit or myself such time as I may consume. other land use authorization according to land in Cook County, Minnesota. The (Ms. TSONGAS asked and was given the terms of the permit or other land use au- permission to revise and extend her re- release of this interest will allow Cook thorization. Upon expiration of such a per- County to use this land for a local marks.) mit or authorization, the Secretary of Agri- Ms. TSONGAS. I rise in support of highway. culture may reauthorize the use covered by this legislation, and applaud Congress- We have no objections to this legisla- the permit or authorization under authori- man HEINRICH for his hard work. It is tion, and I yield back the balance of ties available to the Secretary on such terms hard to reach consensus on these my time. and conditions as the Secretary considers in issues, and he has achieved that with Mr. BISHOP of Utah. This is another the public interest. (c) LAND ACQUISITION AUTHORITY.—Subject this legislation. great solution to a problem that should to the appropriation of funds to carry out With that, I yield such time as he have been solved at some other level. I this subsection and the consent of the owner may consume to Congressman HEIN- appreciate the gentleman for bringing of private land included within the bound- RICH of New Mexico, this bill’s sponsor. it back. aries of Cibola National Forest by subsection Mr. HEINRICH. I want to thank my I urge its adoption, and I yield back (a), the Secretary of Agriculture may ac- quire the private land. friend from Massachusetts for the time the balance of my time. today and for her leadership on these The SPEAKER pro tempore. The (d) MANAGEMENT OF ACQUIRED LAND.— (1) MANAGEMENT.—Any federally owned issues. question is on the motion offered by lands that have been or hereafter may be ac- Mr. Speaker, the Cibola National the gentleman from Utah (Mr. BISHOP) quired for National Forest System purposes Forest provides a stunning backdrop to that the House suspend the rules and within the boundaries of Cibola National the city of Albuquerque and much of pass the bill, H.R. 2947. Forest, as modified by subsection (a), shall central New Mexico. Stretching north The question was taken; and (two- be managed as lands acquired under the Act to south through the Sandia and thirds being in the affirmative) the of March 1, 1911 (commonly known as the Manzano Mountains, this national for- Weeks Act; 16 U.S.C. 515 et seq.), and in ac- rules were suspended and the bill was est demonstrates the value of pre- passed. cordance with the other laws and regulations pertaining to the National Forest System. serving wild places near urban areas. A motion to reconsider was laid on (2) WITHDRAWAL FROM MINING AND CERTAIN H.R. 491 would expand the boundaries the table. OTHER USES.—The land depicted on the map of the forest to streamline manage- f referred to in subsection (a) and acquired by ment and improve recreational access the Secretary of Agriculture is hereby with- for local residents. It would transfer a BOUNDARY MODIFICATION AND drawn from— 917-acre parcel, known as the Crest of TRANSFER OF ADMINISTRATIVE (A) all forms of entry, appropriation, or Montezuma, from the Bureau of Land JURISDICTION, CIBOLA NA- disposal under the public land laws; Management to the Forest Service. TIONAL FOREST, NEW MEXICO (B) location, entry, and patent under the The Crest of Montezuma is an iso- public land mining laws; and Mr. BISHOP of Utah. Mr. Speaker, I (C) operation of the mineral leasing and lated BLM parcel adjacent to Cibola move to suspend the rules and pass the geothermal leasing laws and the mineral ma- National Forest. The bill would also bill (H.R. 491) to modify the boundaries terials laws. extend the forest boundary around of Cibola National Forest in the State (e) RELATION TO LAND AND WATER CON- three small parcels of private land ad- of New Mexico, to transfer certain Bu- SERVATION FUND ACT.—For purposes of sec- jacent to the Crest of Montezuma to reau of Land Management land for in- tion 7 of the Land and Water Conservation allow the future purchase of these par- Fund Act of 1965 (16 U.S.C. 460l–9), the bound- clusion in the national forest, and for cels subject to available funds. aries of Cibola National Forest, as modified The owners of these parcels are will- other purposes. by subsection (a), shall be considered to be The Clerk read the title of the bill. boundaries of the Cibola National Forest as ing sellers and eager to see their land The text of the bill is as follows: of January 1, 1965. permanently protected for the public good. H.R. 491 The SPEAKER pro tempore. Pursu- H.R. 491 has strong local support Be it enacted by the Senate and House of Rep- ant to the rule, the gentleman from from local residents, including from resentatives of the United States of America in Utah (Mr. BISHOP) and the gentle- the Las Placitas Association, a 300- Congress assembled, woman from Massachusetts (Ms. TSON- member citizen group that represents SECTION 1. BOUNDARY MODIFICATION AND GAS) each will control 20 minutes. residents near the Crest of Montezuma. TRANSFER OF ADMINISTRATIVE JU- The Chair recognizes the gentleman RISDICTION, CIBOLA NATIONAL FOR- Local sportsmen also support the bill from Utah. EST, NEW MEXICO. because of the importance of these (a) BOUNDARY MODIFICATION.— GENERAL LEAVE lands as wildlife habitat. (1) MODIFICATION.—The boundaries of Mr. BISHOP of Utah. Mr. Speaker, I Over the last 3 years, I’ve received Cibola National Forest in the State of New ask unanimous consent that all Mem- many letters from constituents asking Mexico, are modified to include the land de- bers may have 5 legislative days to re- picted for such inclusion on the Forest Serv- me to make sure that the Crest of Mon- ice map titled ‘‘Crest of Montezuma Pro- vise and extend their remarks and in- tezuma is managed in a way that pre- posed Land Transfer’’ and dated October 26, clude extraneous material on the bill serves its role as a wildlife corridor and 2009. under consideration. opens it up for recreation for local resi- (2) AVAILABILITY AND CORRECTION OF MAP.— The SPEAKER pro tempore. Is there dents. The map referred to in paragraph (1) shall be objection to the request of the gen- I am pleased to sponsor this bill to on file and available for public inspection in tleman from Utah? add these critical lands to the Cibola the appropriate offices of the Forest Service. There was no objection. National Forest, and I ask my col- The Chief of the Forest Service may make Mr. BISHOP of Utah. Mr. Speaker, I leagues for their support. technical and clerical corrections to the yield myself such time as I may con- map. Mr. BISHOP of Utah. I have no other (b) TRANSFER OF BUREAU OF LAND MANAGE- sume. speakers. Do you have anyone else on MENT LAND.— This legislation would authorize the this issue? (1) TRANSFER.—The Secretary of the Inte- transfer of a parcel of land known as Ms. TSONGAS. We do not. I yield rior shall transfer to the administrative ju- the Crest of Montezuma from the Bu- back the balance of my time.

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.023 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2050 CONGRESSIONAL RECORD — HOUSE April 24, 2012 Mr. BISHOP of Utah. I also yield clude extraneous material on the bill ment project, the Hamilton Canal Dis- back the balance of my time. under consideration. trict. The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there This legislation would most imme- question is on the motion offered by objection to the request of the gen- diately allow the park to exchange a the gentleman from Utah (Mr. BISHOP) tleman from Utah? current surface parking lot for an that the House suspend the rules and There was no objection. equivalent number of spaces in a new pass the bill, H.R. 491. Mr. BISHOP of Utah. I yield myself garage that will be built by the city of The question was taken; and (two- such time as I may consume. Lowell adjacent to the present parking thirds being in the affirmative) the H.R. 2240, introduced by the gentle- lot, guaranteeing necessary parking rules were suspended and the bill was lady from Massachusetts (Ms. TSON- spaces for park visitors while freeing passed. GAS), will authorize a land exchange the surface parking lot for the incorpo- A motion to reconsider was laid on between the Lowell National Historical ration into the Hamilton Canal Dis- the table. Park and the city of Lowell, the Com- trict redevelopment. f monwealth of Massachusetts or the On the space of the current parking University of Massachusetts Building lot and adjacent vacant property, the LOWELL NATIONAL HISTORICAL Authority. city, in working with private partners, PARK LAND EXCHANGE ACT OF This will allow the transfer of the plans to construct over 400,000 square 2012 visitor center parking lot in exchange feet of commercial and R&D space, Mr. BISHOP of Utah. Mr. Speaker, I for an equal number of parking spaces generating as many as 1,600 jobs. As move to suspend the rules and pass the in a new garage to be built by the city. such, it is a critical piece in the master bill (H.R. 2240) to authorize the ex- The Park Service property, where the redevelopment plan for the area. This change of land or interest in land be- current lot is located, is needed for the land exchange is supported by the Low- tween Lowell National Historical Park community development, and the ell National Historical Park, the city and the city of Lowell in the Common- stakeholders have concluded that this of Lowell, and all local stakeholders, wealth of Massachusetts, and for other is a more beneficial use to the commu- and has received all major State per- purposes, as amended. nity and the park visitors. mits and local zoning allowances. The Clerk read the title of the bill. I urge the adoption of H.R. 2240, and Because the enabling law for the The text of the bill is as follows: I reserve the balance of my time. Lowell National Historical Park only H.R. 2240 Ms. TSONGAS. Mr. Speaker, I yield provides for the park to receive addi- Be it enacted by the Senate and House of Rep- myself such time as I may consume. tional land, it is not allowed to ex- resentatives of the United States of America in (Ms. TSONGAS asked and was given change land. This legislation would Congress assembled, permission to revise and extend her re- allow this mutually agreed-upon ex- SECTION 1. SHORT TITLE. marks.) change. I want to stress that this legis- This Act may be cited as the ‘‘Lowell National Ms. TSONGAS. It is with great pleas- lation will cost the taxpayers abso- Historical Park Land Exchange Act of 2012’’. ure that I rise today in support of H.R. lutely nothing. SEC. 2. AMENDMENTS. 2240, the Lowell National Historical I thank Chairman HASTINGS and The Act entitled ‘‘An act to provide for the es- Park Land Exchange Act. Ranking Member MARKEY, as well as tablishment of the Lowell National Historical This legislation will facilitate the ex- Chairman BISHOP and Ranking Member Park in the Commonwealth of Massachusetts, change of land or interest in land be- GRIJALVA and the committee staff for and for other purposes’’ approved June 5, 1978 (Public Law 95–290; 16 U.S.C. 410cc et seq.), is tween the city of Lowell and the Low- working with me to advance this bill to amended in section 202, by adding at the end ell National Historical Park. the floor. It is my hope that my col- the following: In 1978, legislation was passed estab- leagues today will appreciate the im- ‘‘(d)(1) The Secretary may exchange any land lishing this park. It was championed by portance of passing this legislation to or interest in land within the boundaries of the my late husband as well as by two Re- create jobs, continue revitalizing this park for any land or interest in land owned by publican Members of Congress who pre- historic mill city, and protect a key the Commonwealth of Massachusetts, the city of viously represented this district. We part of our industrial heritage and eco- Lowell, or the University of Massachusetts should take bipartisan pride in its nomic history. Building Authority. ‘‘(2) Except as provided in paragraph (3), an great success. I yield back the balance of my time. exchange under this subsection shall be subject This national park was given a Mr. BISHOP of Utah. It’s another to the laws, regulations, and policies applicable unique mandate to not only preserve great bill. to exchanges of land administered by the Na- and interpret the resources rep- I yield back the balance of my time. tional Park Service and any other terms and resenting Lowell’s central role in our The SPEAKER pro tempore. The conditions that the Secretary determines to be 19th century industrial revolution, but question is on the motion offered by necessary to protect the interests of the United also to serve as a catalyst in revital- the gentleman from Utah (Mr. BISHOP) States. izing the city’s physical, economic, and that the House suspend the rules and ‘‘(3) Where facilities or infrastructure required for the management and operation of the Lowell cultural environment, all outgrowths pass the bill, H.R. 2240, as amended. National Historical Park exists on the Federal of the city’s industrial heritage. The question was taken. land to be exchanged, and the non-Federal land In working together with the city of The SPEAKER pro tempore. In the or interest in land to be exchanged is not of Lowell, the Commonwealth of Massa- opinion of the Chair, two-thirds being equal value, the values shall be equalized by the chusetts and many other public and in the affirmative, the ayes have it. payment of cash to the Secretary. The Secretary private partners, the Lowell National Mr. BISHOP of Utah. Mr. Speaker, I shall not be required to equalize the values of Historical Park has played a vital role object to the vote on the ground that a any exchange conducted under this subsection in rehabilitating over 400 structures quorum is not present and make the if the land or interest in land received by the point of order that a quorum is not Federal Government exceeds the value of the and has since 1978 helped spur an esti- Federal land or interest in land exchanged.’’. mated $1 billion in private investment present. in the city. All of this has been done The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- while the park has developed a compel- ant to clause 8 of rule XX, further pro- ant to the rule, the gentleman from ling array of programs, exhibits, guided ceedings on this question will be post- Utah (Mr. BISHOP) and the gentle- tours, and other interpretive programs. poned. woman from Massachusetts (Ms. TSON- The point of no quorum is considered b 1700 GAS) each will control 20 minutes. withdrawn. The Chair recognizes the gentleman H.R. 2240 would allow the park and f from Utah. its partners to continue working to ad- GENERAL LEAVE vance the park’s mission to preserve RECESS Mr. BISHOP of Utah. Mr. Speaker, I the city’s historic industrial architec- The SPEAKER pro tempore. Pursu- ask unanimous consent that all Mem- ture while creating jobs and continuing ant to clause 12(a) of rule I, the Chair bers may have 5 legislative days to re- to partner with the city of Lowell to declares the House in recess until ap- vise and extend their remarks and in- advance a critical economic develop- proximately 6:30 p.m. today.

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.026 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2051 Accordingly (at 5 o’clock and 2 min- Herger McKeon Ryan (WI) b 1913 Herrera Beutler McKinley Sa´ nchez, Linda utes p.m.), the House stood in recess. Higgins McMorris T. Mr. AMASH changed his vote from f Himes Rodgers Sanchez, Loretta ‘‘yea’’ to ‘‘nay.’’ Hinchey McNerney Sarbanes So (two-thirds being in the affirma- b 1845 Hinojosa Meehan Scalise Hochul Meeks Schakowsky tive) the rules were suspended and the Holt Mica AFTER RECESS Schilling bill was passed. Honda Michaud Schmidt The result of the vote was announced The recess having expired, the House Hoyer Miller (FL) Schock Huelskamp Miller (MI) Schweikert as above recorded. was called to order by the Speaker pro Huizenga (MI) Miller, Gary Scott (SC) A motion to reconsider was laid on tempore (Mr. CHAFFETZ) at 6 o’clock Hultgren Miller, George Scott (VA) the table. and 45 minutes p.m. Hunter Moore Scott, Austin Stated for: Hurt Murphy (CT) Scott, David f Issa Myrick Sensenbrenner Ms. SLAUGHTER. Mr. Speaker, I was un- Jackson (IL) Nadler Serrano avoidably detained and missed rollcall vote SPECIAL RULES FOR INYO NA- Jackson Lee Napolitano Sewell No. 178. Had I been present, I would have (TX) Neal TIONAL FOREST LAND EX- Sherman voted ‘‘yea’’ on rollcall vote No. 178. Jenkins Neugebauer Shimkus CHANGE Johnson (GA) Noem Shuler Mr. FILNER. Mr. Speaker, on rollcall vote The SPEAKER pro tempore. Pursu- Johnson (OH) Nugent Shuster No. 178, I was away from the Capitol due to Johnson, E. B. Nunes Sires prior commitments to my constituents. Had I ant to clause 8 of rule XX, the unfin- Jones Nunnelee Smith (NE) ished business is the vote on the mo- Jordan Olson Smith (NJ) been present, I would have voted ‘‘yea.’’ tion to suspend the rules and pass the Keating Olver Smith (TX) Mr. SESSIONS. Mr. Speaker, on rollcall Kelly Owens Smith (WA) vote No. 178, had I been present, I would bill (H.R. 2157) to facilitate a land ex- Kildee Palazzo Southerland have voted ‘‘yea.’’ change involving certain National For- Kind Pallone Speier est System lands in the Inyo National King (IA) Pastor (AZ) Stark Mr. PASCRELL. Mr. Speaker, I want to King (NY) Paulsen Stearns state for the record that on April 24, 2012, I Forest, and for other purposes, on Kingston Pearce Stivers which the yeas and nays were ordered. Kinzinger (IL) Pelosi missed the one rollcall vote of the day. Stutzman Kissell Perlmutter Had I been present, I would have voted The Clerk read the title of the bill. Sullivan Kline Peters The SPEAKER pro tempore. The Sutton ‘‘yea’’ on rollcall vote No. 178, the motion to Kucinich Peterson Terry suspend the rules and pass H.R. 2157—To fa- question is on the motion offered by Labrador Petri Thompson (CA) the gentleman from Utah (Mr. BISHOP) Lamborn Pingree (ME) cilitate a land exchange involving certain Na- Thompson (MS) Lance Pitts tional Forest System lands in the Inyo National that the House suspend the rules and Thompson (PA) Langevin Poe (TX) Thornberry Forest, and for other purposes. pass the bill. Lankford Polis Tiberi The vote was taken by electronic de- Larsen (WA) Pompeo Mr. GRIFFIN of Arkansas. Mr. Speaker, on Tierney vice, and there were—yeas 376, nays 2, Larson (CT) Posey rollcall No. 178 on H.R. 2157 I am not re- Latham Price (GA) Tipton not voting 53, as follows: Tonko corded because I was absent due to illness. LaTourette Price (NC) Had I been present, I would have voted [Roll No. 178] Latta Quayle Towns Lee (CA) Quigley Tsongas ‘‘yea.’’ YEAS—376 Turner (NY) Levin Rahall f Adams Carney Ellmers Lewis (CA) Reed Turner (OH) Aderholt Carson (IN) Emerson Lewis (GA) Rehberg Upton HOUR OF MEETING ON TOMORROW Alexander Carter Engel Lipinski Reichert Van Hollen Altmire Cassidy Eshoo LoBiondo Renacci Vela´ zquez Mr. WALDEN. Mr. Speaker, I ask Amodei Castor (FL) Farenthold Long Ribble Visclosky unanimous consent that when the Andrews Chabot Farr Walberg Lucas Richardson House adjourns today, it adjourn to Austria Chaffetz Fattah Luetkemeyer Richmond Walden Baca Chandler Fincher Luja´ n Rigell Walsh (IL) meet at 10 a.m. tomorrow for morning- Bachmann Chu Fitzpatrick Lummis Rivera Walz (MN) hour debate and 1 p.m. for legislative Bachus Cicilline Flake Lungren, Daniel Roby Waters business. Baldwin Clarke (MI) Fleischmann E. Roe (TN) Watt Barletta Clarke (NY) Fleming Lynch Rogers (AL) Waxman The SPEAKER pro tempore (Mr. Barrow Clay Flores Mack Rogers (KY) Webster AUSTIN SCOTT of Georgia). Is there ob- Bartlett Cleaver Forbes Maloney Rogers (MI) Welch jection to the request of the gentleman Bass (CA) Clyburn Fortenberry Manzullo Rohrabacher West from Oregon? Bass (NH) Coble Foxx Markey Rokita Westmoreland Becerra Coffman (CO) Frank (MA) Matheson Rooney Whitfield There was no objection. Benishek Cohen Franks (AZ) Matsui Ros-Lehtinen Wilson (FL) f Berg Cole Frelinghuysen McCarthy (CA) Roskam Wilson (SC) Berkley Conaway Fudge McCarthy (NY) Ross (AR) Wittman GENERAL LEAVE Berman Connolly (VA) Gallegly McCaul Ross (FL) Wolf Biggert Conyers Gardner McCollum Rothman (NJ) Womack Ms. JACKSON LEE of Texas. Mr. Bilbray Cooper Garrett McCotter Royce Woodall Speaker, I ask unanimous consent that Bilirakis Costa Gibbs McDermott Runyan Woolsey Bishop (GA) Costello Gibson McGovern Ruppersberger Yoder all Members have 1 legislative day to Bishop (NY) Courtney Gingrey (GA) McHenry Rush Young (AK) revise and extend their remarks and in- Bishop (UT) Cravaack Gonzalez McIntyre Ryan (OH) Young (IN) sert extraneous materials on the sub- Black Crawford Goodlatte Blackburn Crenshaw Gosar NAYS—2 ject of my 1-minute regarding Pastor Blumenauer Crowley Gowdy Joel Osteen and Co-Pastor Victoria Amash Mulvaney Bonamici Cuellar Granger Osteen of the Lakewood Church in Bonner Culberson Graves (GA) Boren Cummings Graves (MO) Houston, Texas. Boswell Davis (IL) Green, Al NOT VOTING—53 The SPEAKER pro tempore. Is there Boustany Davis (KY) Green, Gene Ackerman Griffin (AR) Murphy (PA) objection to the request of the gentle- Brady (TX) DeFazio Griffith (VA) Akin Gutierrez Pascrell woman from Texas? Braley (IA) DeLauro Grijalva Barton (TX) Hensarling Paul Brooks Denham Grimm Bono Mack Hirono Pence There was no objection. Broun (GA) Dent Guinta Brady (PA) Holden Platts f Brown (FL) DesJarlais Guthrie Bucshon Israel Rangel Buchanan Deutch Hahn Butterfield Johnson (IL) Reyes ARKANSAS COUNTY BANK Buerkle Diaz-Balart Hall Campbell Johnson, Sam Roybal-Allard Burgess Dicks Hanabusa Cardoza Kaptur Schiff (Mr. CRAWFORD asked and was Burton (IN) Dingell Hanna Critz Landry Schrader given permission to address the House Calvert Doggett Harper Davis (CA) Loebsack Schwartz Camp Dold Harris DeGette Lofgren, Zoe Sessions for 1 minute.) Canseco Dreier Hartzler Donnelly (IN) Lowey Simpson Mr. CRAWFORD. Mr. Speaker, I rise Cantor Duffy Hastings (FL) Doyle Marchant Slaughter today to honor the 100th anniversary of Capito Duncan (SC) Hastings (WA) Filner Marino Wasserman Arkansas County Bank. The bank is a Capps Duncan (TN) Hayworth Garamendi McClintock Schultz Capuano Edwards Heck Gerlach Miller (NC) Yarmuth fourth-generation family-owned busi- Carnahan Ellison Heinrich Gohmert Moran Young (FL) ness. It serves Arkansas County and

VerDate Mar 15 2010 04:43 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.030 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2052 CONGRESSIONAL RECORD — HOUSE April 24, 2012 the Grand Prairie as a national- and counter medications using their health STAFFORD STUDENT LOAN State-chartered institution. care savings accounts or their flexible PROGRAM Arkansas County Bank began with spending accounts unless they first get The SPEAKER pro tempore. Under humble origins. At the end of their a doctor’s prescription. the Speaker’s announced policy of Jan- first year of business in 1912, the bank Instead of walking into their local uary 5, 2011, the gentleman from Con- had just $64,000 in total deposits. By drugstores to use their HSAs or their necticut (Mr. COURTNEY) is recognized 1919, Arkansas County Bank had its FSAs, Americans are now forced to for 60 minutes as the designee of the first million dollars in deposits and has visit a doctor and pay a standard copay minority leader. seen steady growth ever since. before finally receiving a prescription Mr. COURTNEY. Mr. Speaker, we are By 1985, Arkansas County Bank had to buy medicines like Advil or Claritin. here today, Tuesday, April 24, to talk expanded into Sevier County after pur- Does this sound burdensome? That’s about an issue which, again, middle chasing the Bank of Lockesburg. because it absolutely is. class families all across America are Today, they also have a branch that Mr. Speaker, millions of Americans watching very closely. As the chart serves the Stuttgart community. use HSAs and FSAs for their flexibility next to me indicates, in 67 days, the in- Giving back is important to Arkan- and portability, yet this new health terest rates on the Stafford student sas County Bank. Bank employees reg- care law is taking that away and is loan program, a loan program which ularly volunteer over 1,000 hours annu- wreaking havoc on patients and also serves over 7 million college students ally to charities and service organiza- increasing burdens on physicians. all across America, is slated to in- tions throughout the Grand Prairie of We need to repeal this onerous provi- crease its interest rate from 3.4 percent Arkansas. sion, and that’s why I’ve introduced to 6.8 percent. As Arkansas County Bank celebrates legislation that does exactly that, with This program, which over time today 100 years of business, they are building bipartisan support. has served roughly about 35 to 40 mil- on the past by looking to the future. Mr. Speaker, this week, the House lion Americans, is a critical component With a record of service, Arkansas Ways and Means Committee will hold a for middle class families to provide af- County Bank is dedicated to beginning hearing on the use of HSAs and FSAs fordable higher education, which a second century of community invest- on over-the-counter medicine prac- today, in the 21st century, is almost as ment. tices, and I hope we’ll all agree that in- important as having a high school edu- Congratulations again to the leader- dividuals, families, patients, and doc- cation. The Stafford student loan program’s ship, employees, and the family of Ar- tors make the best decisions for their interest rate was cut in 2007 as a result kansas County Bank on 100 years of health care needs, not the government. of the passage of the College Cost Re- business. It’s time to do away with this onerous duction Act, a measure which cut the f prescription requirement. rate from 6.8 percent down to 3.4 per- PEACE OFFICERS VS. THE f cent. Unlike this Congress, it was a bi- ANARCHY OF THE LAWLESS b 1920 partisan effort—77 House Republicans (Mr. POE of Texas asked and was voted for that measure; 35 Republican HELP RECENT COLLEGE GRAD- given permission to address the House Senators voted for that measure. UATES WHO CAN’T FIND JOBS George W. Bush signed it into law, for 1 minute.) President Bush, to his credit, and it Mr. POE of Texas. Mr. Speaker, when (Mrs. MILLER of Michigan asked and provided, again, great relief for stu- lawless drug dealers, child molesters, was given permission to address the dents all across America for an issue wife beaters, robbers, bandits, and House for 1 minute and to revise and which we now know from the Federal other street terrorists threaten our extend her remarks.) Reserve Bank threatens, really, the fi- communities, peace officers are always Mrs. MILLER of Michigan. Mr. nancial solvency of America’s middle the first ones to track them down. Speaker, I rise today to express my support for the extension of the cur- class. Peace officers are the last strand of College student loan debt today now wire in the fence against good and evil. rent student loan interest rates. Every young American who works exceeds credit card debt. It exceeds car These men and women put them- loan debt. One of the few safe harbors selves in danger every day in order to hard and studies hard deserves a shot at the American Dream. Unfortu- that exists in the system for students protect us and our families. Some put is, in fact, the Stafford student loan nately, the economy, led by President on the uniform and badge and do not program. It has great bipartisan gene- Barack Obama, is denying them the op- return home after their shifts. alogy and sources. There has been an alarming 75 per- portunities that they need. Actually, Stafford was actually a Senator, Rob- cent increase in police officer deaths according to an Associated Press anal- ert Stafford, from Vermont, a Repub- since 2008. The year 2011 was the first ysis, over 53 percent of young college lican, who, again, believed in education time more officers died at the hands of graduates aged 25 or under, which is 1.5 and was somebody who understood that street thugs than in car crashes. In million young Americans, are unem- the cost of college and university edu- many instances, the killers were repeat ployed or they hold low-wage jobs that cation is not what it used to be and offenders who shouldn’t have been don’t require them to use the degrees that we had to give, again, middle class roaming the streets in the first place. that they just obtained. families better tools to pay for it. As we approach Peace Officers Memo- Our approach to help young people is Anyone who has dealt with the pri- rial Day in May, we have to support about more than just the interest rate vate student loan market knows that those that protect the homefront. They that they pay on their loans; it’s about the rates today are roughly about 9 to are what separate us from the outlaws creating an economy that gives them a 10 percent. Interest accumulates from and the anarchy of the lawless. chance to apply the knowledge that the day the loan is taken out. If you’re And that’s just the way it is. they worked so hard to learn. That a freshman at a 4-year university, you f means not raising taxes or imposing accumulate interest for the entire time new regulations on the very job cre- that you are in college using those PRESERVING HEALTH CARE ators that will offer opportunities to loans. There is no forbearance. There is CHOICES FOR AMERICANS our young people. It means opening up no timeframe in terms of repayment. (Mr. PAULSEN asked and was given energy reserves to lower prices at the Again, it is nondischargeable in bank- permission to address the House for 1 pump because, guess what, Mr. Speak- ruptcy if a person gets into great finan- minute and to revise and extend his re- er, young people also are paying these cial difficulty. marks.) high gas prices as well. The Stafford student loan program, Mr. PAULSEN. Mr. Speaker, more Let’s stop the rise in student loan in- in contrast, has affordable rates—3.4 and more American consumers are dis- terest rates, but at the same time let’s percent. There is a forbearance period, covering a provision in the President’s get this economy moving so that after a student graduates, of 6 months new health care law that prevents America’s young people can achieve before payments commence, and no in- them from buying simple, over-the- their dreams. terest accumulates during the time

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.034 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2053 that the student is actually in college. There does seem to be some hope. I’m delighted to be on the floor as well If there are financial problems that Now, it may be connected to the fact with another leader in education, the occur, again, there are systems for de- that the President, yesterday, was at Honorable DANNY DAVIS. ferring payments. In fact, there is an the University of North Carolina, talk- I would just say to you that I took income-based repayment formula so ing to young people in this country the oath. And the whole 4 days when I that no more than 10 percent of your who know exactly what he is talking was in my district, everywhere I went income can be devoted to the repay- about in terms of higher education I touched the hearts of young and old ment of Stafford student loans. costs and the need to protect affordable when I reported to them that while So this is really, again, a measure loan programs to pay for college. Later their children are struggling, working which affects a broad swath of America tonight, he is going to be at the Uni- hard trying to get good grades in high- in terms of millions of students, mil- versity of Colorado, talking to students er education, and when they in good lions of families. It is really about the at Colorado about exactly the same faith took out loans of about 2.8 per- only avenue that young people facing issue. Tomorrow, he is going to be at cent just a few years back—somewhere the formidable challenge—almost like Iowa State University. between that and 3.4—now within days buying a house when you go to college. There is clearly a bit of politics this is going to double. And we are here Yet we stand here today, 67 days away swirling around here, because if you fighting in Washington to ensure that from having these rates increase. look at Mr. Romney’s comments on the doors of opportunity are not closed. So I think it is very important. You Now, for those who have been watch- this issue over the last few months or are absolutely right to take note that ing this issue, President Obama, right so, he has, in fact, said exactly the op- the potential, or soon-to-be Republican from that podium at the State of the posite. Indeed, he has come out in sup- nominee, for President has recognized Union address, challenged this Con- port of the Ryan budget, the Repub- the foolishness, unfortunately, of stall- gress back in January to address this lican budget resolution, which was ing in this House; that we have not issue to avoid a doubling of interest passed in this Chamber a few weeks rates. To date, the majority party in simply passed a bipartisan effort, your ago. In that budget resolution, that 6.8 legislation that I am a cosponsor of, this House, the Republican majority, rate increase is locked in under the has not taken up a single bill. Even that simply indicates that we will not Ryan budget plan. Not only does it see the doubling of those interest rates. though we hear some nice words on the lock in the higher cost of the Stafford other side, there is no measure with I have universities—if I don’t call student loan program, it cuts the Pell them all—from the University of Hous- which they have come forward. Grant program. The chairman of the Education Com- ton to Texas Southern University, Rice mittee last week was quoted in The b 1930 University, Houston Community Col- New York Times as saying that pro- That’s the other workhorse of eco- lege, Lone Star College, Houston Bap- tecting this rate at 3.4 percent was bad nomic affordability in this country, tist, and St. Thomas in and around the policy. We have the words of the chair- named after Senator Claiborne Pell of 18th Congressional District, the Uni- woman of the House Education Sub- Rhode Island. Again, it is a grant pro- versity of Texas, Texas A&M, and oth- ers around the State; and young people committee, from North Carolina, who gram that helps the most needy stu- who are attempting to achieve the stated on a radio program a couple of dents pay for college. It’s up to $6,000— American Dream and individuals who weeks ago: hardly enough to fully pay for most are going back to school. Even though I have very little tolerance for people who colleges in the country, but nonethe- our GIs have the GI Bill, some are ex- tell me that they graduate with $200,000 of less is essential for college students tending their degrees and have had to debt or even $80,000 of debt, because there’s across this country. no reason for that. take out loans. The Ryan budget cuts the grant level So I rise today to join you and my I would challenge that Member to for the Pell program down to $5,000— talk to a new dentist or a new dental good friend from Chicago to indicate unbelievable—at a time when we’re that I’m going to join the army, if you student graduating, or a nurse anes- seeing college student loan debt sky- thetist who was in my office the other will, the band of members who truly rocket in this country and, sadly, at a day who was carrying over $80,000 in believes that there is no divide time when America’s graduation rate, debt. The fact of the matter is, in amongst us, Republicans and Demo- which was number one in the 1980s, has terms of trying to get, again, skills for crats, when it comes to educating our now fallen to number 12. For the folks this, the modern American workforce, children. Many of us are parents. Many who are listening here today, that is a that is a reality that students and fam- of us have seen our children go through trend of mediocrity for this country. ilies confront day in and day out. college, some having finished, some Yet the leadership of the majority of That is not a trend of growth. That is still in college, and some with young this Congress is basically turning its not a trend of innovation for the fu- children coming into college. And al- back on the bipartisan tradition of the ture. That is a trend which basically though we are blessed, many will have Stafford student loan program with its says we are basically going to sur- to take out loans for higher education, really pioneering Member of the Sen- render to the forces of mediocrity in and doctors and lawyers whom we wish ate, Robert Stafford, with the bipar- this country. And that is not accept- for higher education will have to se- tisan support for the College Cost Re- able to this country, and it’s certainly cure those loans. I don’t want to be in duction Act passed with strong bipar- not acceptable to all of us as Ameri- the midst of a ticking time bomb. I tisan votes and signed into law by a cans, and it resonates all across Amer- don’t want to be the barrier. I want to Republican President, George Bush, ica. Again, I come from the Northeast, be the firewall that protects them and and basically saying it’s bad policy and up in Connecticut. allows them to gain an opportunity in we’re not going to do it. We’re joined here today by a great this world. Since last week—and again we did Congresswoman from the State of So let me just thank you for allowing one of these Special Order 1-hour ses- Texas, SHEILA JACKSON LEE, and I’d me to be on the floor this evening to sions with a countdown clock—some like to yield to Congresswoman LEE to indicate to my colleagues we speak things are starting to change. talk about her perspective from the quietly and softly tonight because Yesterday, the Republican great State of Texas. we’re asking you to join us, my Repub- frontrunner, effective nominee for Ms. JACKSON LEE of Texas. I want lican friends. Take the lead and join us President, Mitt Romney, during the to thank the gentleman from Con- so that in a few days—not 67 days—we middle of a press conference, finished necticut for his untiring and unceasing can finish this up. Let’s give them a up, turned around, was walking away work and for the reach that he has graduation present. Let’s tell every and turned on his heel and said, Oh, by made to this issue to really touch the student coming out of high school and the way, I want to say that I support hearts and minds of those who believe every college student that’s in college President Obama’s proposal to block that education is opportunity and it is that we are going to be your firewall the increase in interest rates of 3.4 per- something for which we need to plant and give you an opportunity for suc- cent. This is the leader of the Repub- the seeds for those who are now fol- cess in this great country that has al- lican Party, nationally. lowing forward with their destinies. ways been the country that people

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.036 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2054 CONGRESSIONAL RECORD — HOUSE April 24, 2012 have either come to or people have meeting of East-West last evening, you’re doing. I thank you, and I’m been proud to be in because of the where we were reviewing our accredita- pleased to join with you this evening. great opportunity to be what you are tion standards and making sure that Mr. COURTNEY. That is high praise achieving or seeking to be. everything was in order so that the from you, Congressman DAVIS. When I Mr. COURTNEY. Thank you, Con- thousands of students who attend that was a freshman, brand new to the Cap- gresswoman JACKSON LEE. university could get the very best. itol, the Education and Labor Com- Again, just to follow up on one quick But unless we make sure that stu- mittee, which you’ve been serving on point, which is that there is legislation dents can acquire the money, I have or- for a number of years, it was a great that is now pending in the House, H.R. ganized a little scholarship fund in honor to really observe you and to see 3826. A few minutes ago, we got our honor of my parents, because they be- that the College Cost Reduction Act 146th cosponsor. To this date, though, lieved so much in education—two of was one of the first things that came we are still waiting for any Members the smartest people I’ve ever known. out of the chute in January of 2007. on the majority side to join us in this My father finished fourth grade when And, again, your words tonight show effort. Again, 77 of them voted in 2007 he was 19 years old. We saw his report that this has been a lifelong priority to support this measure to cut the in- card. But he was a great reader and he and mission for you to make sure that terest rates. It’s time. It’s time for read everything that he could get his that happens. them to listen to what their presump- hands on. My mother was a little more You mentioned Abraham Lincoln tive nominee is saying. It’s time to join fortunate than that. She finished from your great State of Illinois. It is the Members on this side of the aisle eighth grade and was considered to be interesting to note that the College and prevent the damage that this one of the more educated people in our Land Grant system, the Morrill Act, would do to middle class families. community. But they pushed for edu- was actually passed in 1862 in the mid- And no one knows that issue better cation. They knew that if their chil- dle of the Civil War, the most cata- than a member of the Education and dren were going to have opportunities strophic threat to our country’s exist- Workforce Committee, who has, again, that they did not have that they had to ence ever. And yet we had a President done great work in terms of education get as much education as they possibly from your great State who had the vi- issues and higher education afford- could. sion to understand that every State ability. Congressman DAVIS, thank you should have a land grant college, which 1940 for joining us here this evening. b is what that bill did, and created a na- Mr. DAVIS of Illinois. Thank you So, when interest rates bar and pre- tional commitment to higher edu- very much, Representative COURTNEY. I vent people, I just know so many stu- cation. Again, it was committed to ag- want to not only thank you, but I want dents and so many families who are ricultural sciences and mechanical en- to commend you for the tremendous wondering if they’re going to be able to gineering. leadership that you’ve displayed on so make it. Last year, I had one family What an amazing story about some- many issues as I’ve watched you since who called to ask if we could help them body who, gosh knows, could have been you’ve become a Member of this House. find the money just to get to school. distracted with whatever was hap- I also want to thank you for taking on They had done all of the other things pening in that terrible conflict, and yet this issue—the issue of trying to ensure that their daughter needed to do, but he still understood that we can never, that young people especially in our they came up short with transpor- ever, ever lose sight of the importance country, a country that has been tation resources, and they were trying of investing in our people. That’s what dubbed the greatest Nation on the face to keep from borrowing any additional has made our country great, and you of the Earth—and it got to be that way money. And then once they get out of know that better than anyone. Mr. DAVIS of Illinois. You are abso- because of its emphasis on education school, if your debt is so high when you lutely right, and I thank you again be- and providing opportunity for individ- go to try and find a job that it staggers cause I went to one of those land grant uals to begin in life anywhere in this you and pushes you back and works colleges—I, along with seven of my country and move as a result of edu- against your will, then it becomes even brothers and sisters—and I can tell you more difficult. So we’re trying to make cation to the highest ranks, to the that, had they not existed, none of us education affordable, just trying to highest levels, to the ability to make ever probably would have gone to a col- give people the chance, the oppor- valuable contributions not only to the lege or university. So, thank you, tunity. development of their own lives, but to again, as I take my leave. the lives of others. Something I remember that the fel- Mr. COURTNEY. I look forward to I often think of things that people low named Wolfe said: working with you over the next few have said about education and some- To every man his chance, his golden oppor- weeks on this issue. thing that I’m told that Abraham Lin- tunity to become whatever his manhood, tal- Now we’re joined by a gentleman coln once said: Education makes a man ent, ambitions, and hard work combine to from the great State of Michigan, Con- make him, that is the promise of America. easy to lead, but difficult to drive; easy gressman HANSEN CLARKE, who is a rel- to govern, but impossible to enslave. Of course, if he were saying that atively new Member but who has, College access and success are funda- today, he wouldn’t have just said again, jumped right in on this issue. mental stepping stones towards eco- ‘‘every man.’’ He would have said, Thank you for joining me here this nomic security and global competitive- every person, every woman, everybody, evening. ness. As policymakers, it is imperative every citizen, everybody who wants to Mr. CLARKE of Michigan. You’re that we support students in making should have that opportunity. very welcome, Representative COURT- college affordable so that our citizens So, again, I commend you for your NEY. I thank the gentleman from Con- can prosper. We face an immediate cri- leadership, I commend you for your te- necticut for raising this important sis in college costs. Without congres- nacity, and I just like the way you issue and for introducing this impor- sional action, interest rates will get work. I like what you do. I like the tant bill, which I’m very honored to out of the box. issues that you raise. And you men- support. I’m very fortunate to represent a tioned the Pell grants. Senator Pell, We’ve got to keep interest rates low congressional district that has what we from the same area of the country that on student loans. 3.4 percent is reason- call an education mecca in terms of the you come from, his daughter was in my able. The Federal Government numbers of institutions that we have office not very long ago, saying that shouldn’t be in the business of trying in what we call the South Loop area of she and a group of her friends were to make money or extract more money Chicago, which is only a few blocks going to get very active on the whole from student loan borrowers. The real long and a few blocks wide. We have issue of trying to make sure that indi- problem with these interest rates, if we more than a hundred thousand stu- viduals who were incarcerated had an allow them to go up, is that if a bor- dents just in that area at colleges and opportunity to pursue the Pell grant in rower, for some reason, can’t make a universities like Loyola, DePaul, honor of her father and remembering payment because they’re sick, because Spertus College, East-West University. the great work that he did. So I re- they get laid off, maybe they get a di- As a matter of fact, I was at the board member you for the great work that vorce, that the interest rate would

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.038 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2055 then compound. The interest would that’s the most effective, one of the World War II. The more educated, the apply on top of interest, and the loan most effective, ways to stimulate our more trained, the more that we’re able principal will actually start growing as economy to create jobs. to develop our skills to our fullest po- the student loan borrower’s income Think about it. A student loan bor- tential, we’re able to do more for our- drops. So it puts student loan bor- rower, instead of having to pay hun- selves and our community and for our rowers in a position where it could dreds of dollars a month, maybe even country. See, that’s what America is take them decades, if ever, to pay off $1,000 a month, that after they’ve paid all about. their loans if they’re in financial hard- it according to their income, according The reason this is such a big deal for ship. And that’s not right. to their means, for 10 years, to have me is that my dad immigrated to this As the gentleman from Illinois said, the balance of that forgiven so now country during the midst of the Great these loans are to provide people with they have this money available to use Depression, the midst of the Great De- educational opportunities, to give as they choose it, to invest, to start pression, the roughest time economi- them a chance to get a degree where their own business. And think about it: cally for this country, because he saw otherwise they wouldn’t have the our graduates, those are the ones that America as a land of opportunity. My money to be able to do so. But instead, were disciplined enough to go to mother, who was African American, Representative COURTNEY, of these school. They were ambitious enough to had to struggle for years under dis- loans providing borrowers with a set their sights on a goal and achieve crimination and segregation in Detroit chance of experiencing the American it. Those are precisely the folks that in the thirties and the forties and fif- Dream, the debt burden is so high on we want to encourage to go into busi- ties. She was a school crossing guard many of our graduates right now that ness because it’s through private busi- and a cleaning lady who saved up all of the student loan debt has actually ness, free enterprise, that we really her money so I could get a chance to turned into a national nightmare. As create jobs in a sustainable way in this get an education. But after I dropped you mentioned, over $1 trillion of debt country. Let’s free up people’s money out of school and after my parents is owed by student loan borrowers. so they can start their own businesses died, the only way I could return to These aren’t just the graduates. There and realize the American Dream, not college is I had to borrow student are parents that also borrow money just for themselves, but for everyone loans. I thank this country for having and take out student loans that help else. those loans available as an opportunity fund the education of their kids so I’m from the city of Detroit. We’ve for me to get an education, to come their kids can have a better life. always been a tough place, but we’ve here and to be able to effectively rep- I’ve introduced a bill, H.R. 4170, to had great entrepreneurs who risked ev- resent the people of this country. complement your efforts. It’s the Stu- erything, like Henry Ford, to create But you know what the problem is dent Loan Forgiveness Act of 2012. In and expand the automobile industry in now, Representative, is that students that bill, I adopt your position on this country, which created jobs for who want to get the same education keeping the interest rates on student millions of Americans for generations. that I did decades ago, they may not be loans, Federal student loans, at 3.4 per- We have so many young people right able to afford to do it. Even if they cent. Then I also want to make student now who are ready to work and ready could borrow the money, they can’t af- loan repayment fairer and simpler by to start their own businesses, but ford the costs that they’ll have to en- allowing every student loan borrower they’re not going to take any risk like dure in trying to pay off that debt year to get a second chance. Yes, you may that because they’re too much in debt. after year, decade after decade. That’s have fallen behind on your payments— They won’t even buy a house because not right. The Federal Government you may even be in default—but I want they can’t afford it. Many student loan shouldn’t have that kind of power to you to have a second chance to pay off borrowers even postpone probably the press people, robbing them of their your loans and to continue your edu- most precious thing that anyone could money—because it’s our money that cation. get involved in—our great institution we’re using to pay off these loans—and So, under my bill, every student loan of marriage—and they put that off. robbing us of our job and economic po- borrower who is currently in repay- tential. ment right now or has already taken b 1950 So thank you again for your leader- out a loan will be able to repay that So, the student loan debt, it’s not ship. I’m very honored to join you in loan based on their income, 10 percent only a burden on the borrowers, on the your endeavor to make student loan fi- of their discretionary income. They parents, it’s costing our society jobs nancing fairer for our country, but make those payments for 10 years, and and economic growth; and we’re cost- also, too, to let you know my bill, H.R. they’ll be eligible to have the balance ing the global market the opportunity 4170, the Student Loan Forgiveness of their student loans, if there is any- to be benefited by the great products Act, I offer to complement your efforts thing outstanding, to be forgiven. But that our country could produce, the to provide equal opportunity for edu- if you pay 10 percent of your discre- great services that we could provide, cation for all of us here in this coun- tionary income for 10 years, more than the great technology that we could de- try. likely, you’ll pay off a substantial velop and create and sell globally. We Mr. COURTNEY. Thank you, Con- amount of your loans if not the entire are depriving the world of that because gressman CLARKE, and thank you for loan balance. many of our budding entrepreneurs sharing your personal story. But for those who have had to borrow can’t take the risk of starting their What has been sort of extraordinary a lot of money because you decided to own businesses because they’re in the to me is that over the last few months, get a graduate education or maybe you hock of student loan debt, which is as we’ve been working on H.R. 3826, our came from a family that didn’t have outrageous. office has received communications much money so that your only chance So, I want to thank you again for from all over the country from folks to get an education was to borrow stu- your leadership, for your persistent talking about the importance of the dent loans, you won’t be saddled with leadership on keeping student loan in- Stafford program in terms of really those loans for decades. You’ll be able terest rates down at a reasonable level. transforming their lives. I’ll be at to pay them off over 10 years, which is As you can see, everyone around the Chamber of Commerce meetings; I’ll be the standard term for student loan re- country, including Members of the at Rotary Club meetings; I will have payment. other party, they understand the com- people who are not on my side of the One thing I’d like to add, though, monsense notion of that. aisle politically but coming up to me about the bill is this: that forgiving the See, these loans, again—essentially afterwards and saying this is some- balance of these student loans is not I’m talking to the American people be- thing that the Congress absolutely has just to help the borrower. It’s also to cause they understand this. These to pay attention to, that it has to pro- help our country. Cutting student loan loans that the government provides tect that lower rate, and thank God debt, keeping the interest rates down, you, it’s not just for your benefit, it’s this person had the Stafford loan pro- and forgiving student loans that pose to make our country stronger. There’s gram available to him just like you an excessive burden on Americans, a reason why we had the GI Bill after did.

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.040 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2056 CONGRESSIONAL RECORD — HOUSE April 24, 2012 To see that rate go up to 6.8 percent student loan debt. That is a Congress for students and their families that in- at a time when our economy—Treasury which is out of touch with the reality terest rates are going to double unless bonds are being sold at a 2 percent that young people are confronting Congress acts. And the fact of the mat- yield. You can get a 30-year fixed mort- these days, who are really trying to ter is that creates an instability about gage for, really, under 4 percent right improve themselves and fill the work- planning for what college to go to, now, variabilities at much lower. When force needs of this country. what kind of budget a family can really you tell people that this rate is going We cannot afford that type of leader- accommodate in terms of paying for to double to 6.8 percent for this one ship here in this Congress. We need to student loan debt. And that’s wrong. segment of the population, young have people who are focused on the real I mean, we can do better than that as Americans who really are doing it for condition of the middle class in this a Congress. We can do better than that the purpose of improving their own sit- country, but also really focused, like as a Nation. uations, it’s greeted by just absolute Abraham Lincoln was back in 1862, Again, we’re glad to see that Mr. utter disbelief. about what’s important in terms of the Romney finally came around, even At a time when, as you point out, future of this country. though he had sent out signals in oppo- debt levels—and I’ve got a little chart Mr. CLARKE of Michigan. Your re- sition to this type of approach by sup- here from the Federal Reserve which quest for us to keep interest rates at porting the Ryan budget which locks in shows where we’re headed right now in 3.4 percent is so reasonable that we the 6.8 percent interest rate. this country. We have got to, number need to act on that right now. The But you know what, this issue is too point that you mention, that we need one, not make the condition worse by important to get sucked into sort of to have these loans available for our increasing the interest rate—and partisanship here. It is time to move students so they can get the training again, we’ve run the numbers. forward, just like we did in 2007, when that they need to be hired into jobs Over a 5-year period of time, some- 77 Republicans voted in favor of the that are going unfilled right now, in body who has got a Stafford loan port- College Cost Reduction Act; 35 Repub- metropolitan Detroit, which is known folio is looking at an additional $5,000 for having a high unemployment rate, lican Senators supported it. President in interest payments. It’s $11,000 for where people really want to go to George Bush signed it into law, a pro- over a 10-year period, which is quite work, there are thousands of jobs that gram named after Republican Senator normal, as you said, for people paying are available in metro Detroit that are Robert Stafford from Vermont. back their student loans. We are not being filled because employers I mean, come on. You know, people compounding the trend lines for which can’t find the folks that have the train- are sick and tired of the fact that every the Federal Reserve Bank has, again, ing in the information technology area single issue, whether it’s a highway put up the warning flags to tell us that for software engineering. bill, a payroll tax cut extension, or we’re just creating crushing debt. So, we want to encourage people to education assistance for middle class The Wall Street Journal had a story, go to school even if they don’t have the families gets sucked into this partisan which I was thinking of it as you were money. We want them to be able to maelstrom in Washington, DC. speaking earlier, about a young couple borrow loans without having to go into And the fact of the matter is there’s with student loan debts who basically this type of debt. 146 Members on our side that have co- were putting off starting a family and My final point is this, too: that if we sponsored H.R. 3826 that are looking for buying a house because of the debt lev- allow borrowers to be burdened by stu- a signal from the Republican majority els, that they were basically just work- dent loan debt to such a degree that to say, you know what, it’s time to ing to pay for every month in terms of they can’t pay off their debt, we, as look at our history. It’s time to look at their burdens there. taxpayers, are on the hook for this the genealogy of the Stafford student We need to be, frankly, A, dealing debt. Probably one-half trillion of it is loan program and the great bipartisan with the issue of the rate increase obvi- taxpayer backed. So we’re on the hook support to cut those rates 5 years ago. ously in the next 67 days; but, sec- for this one way or the other. We Let’s come up with a solution. Let’s ondly, we need to have a much bigger should give our borrowers a helping move. Let’s help those families whose national conversation to talk about hand so they can manage their student students are being accepted into col- measures like your bill to create, loan repayments, pay this debt down, lege and those financial aid offices that again, a system that rewards people and then get on with their lives and are trying to help families budget and who are current with their payments, help us create jobs throughout this plan for the next academic school year. who are making progress in their lives country and throughout this world by Sixty-seven days is really not enough but that are not going to have a ball selling the best products that metro time, even today, but we should at and chain around their necks in terms Detroit knows how to do. least not compound it by delay and, of debt levels that, again, as you point Mr. COURTNEY. Thank you, Mr. hopefully, not compound it by letting out, at the end of the day really inhibit CLARKE. just a totally unacceptable increase in creativity and investment and innova- In closing, I just want to end where interest rates for Stafford student tion for people at a time in life when we began, which is that it’s 67 days and loans to go into effect. they really should be just spreading counting. And I look forward to working with Today, all across America, there are their wings, not dragging these huge you, again, in the next hours and min- high school seniors who are experi- burdens of debt that really hold them encing probably one of the most excit- utes and days to make sure that that back and hold our country back. ing moments in their lives, which is doesn’t happen. Thank you for joining So, again, I really appreciate your that they’re going to the mailbox to me here, Congressman CLARKE. contributions here this evening. The find out whether or not they’ve been I yield back the balance of my time. clock is ticking, 67 days and counting. accepted to a 2-year school or a 4-year f Mr. Romney yesterday basically put school. I remember those days. I have a up a strong signal to the congressional WESTERN CAUCUS ON JOBS son who just finished up college—and The SPEAKER pro tempore. Under majority in the House here, the Repub- remember how exciting that was—and lican congressional majority, that this a daughter who’s in high school and the Speaker’s announced policy of Jan- is something that we must do. And who’s hopefully going to hear soon uary 5, 2011, the gentleman from New we’re still waiting. 146 cosponsors on when her turn comes. But the fact of Mexico (Mr. PEARCE) is recognized for H.R. 3826. the matter is they need to have some 60 minutes as the designee of the ma- I’m not somebody who has a big ego. horizon, some predictability at this jority leader. If somebody has a counterproposal to critical moment to make sure that Mr. PEARCE. Mr. Speaker, I’m proud come up with a different way to do they can plan and budget to pay for to be on the floor tonight speaking on this, we’re all ears. But what we don’t college. behalf of the Western Caucus. We, in need are the comments of the chair- the West have been working for 2 years woman of the Higher Education Sub- b 2000 now—for a year and a half—to help the committee basically saying she has no Financial Aid offices all across the Obama administration out with their tolerance for students with $80,000 in country are putting up warning flags tasks.

VerDate Mar 15 2010 04:33 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.042 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2057 In September of last year, September the Web pages for the government that each job would do two things. First, 11, President Obama said that he would would describe exactly what we’re they would cut the cost of the govern- keep trying every new idea that works showing here, that the oil production ment because those people come off un- and listen to every good proposal, no that is occurring to increase our total employment, welfare, food stamps; but matter which party comes up with it. production is occurring on private then, secondly, they go to work and And so 4 days later, on the 12th of Sep- lands. It is not occurring and is, in start paying taxes. So you have a tember, last year, we in the Western fact, decreasing on public lands. squeeze from both the cost end, be- Caucus, Senator BARRASSO and myself, That’s because the government is cause the government is spending less sent a letter to President Obama out- slowing down the permitting process. money; but you also have an increase lining the ‘‘Jobs Frontier Report’’; but, They’re finding new and restrictive in revenue so your costs and revenue to date, we have not yet heard from the ways to implement requirements on move together when we create jobs. administration. people who would be creating jobs, who b 2010 In that jobs report we have, basi- would be drilling for oil; and each of That’s the reason that the Western cally, 40 different pieces of legislation these processes simply strings out our Caucus is concentrated on jobs rather that create American jobs, utilize investment. than a taxation policy or a borrowing American energy, and also stop regula- We had testimony earlier today, the policy and especially not on the print- tions that are in the process of killing, House and Senate Western Caucus ing-of-money policy. came together, had testimony from during this year, 3 million more jobs. So at this moment, I will yield time So at a time when the Nation is faced two different panels; and one of the to my good friend, CYNTHIA LUMMIS, with 8.2 percent unemployment, con- panelists explained that they had from Wyoming. We welcome you to- tinuing over 8 percent, month after bought—they had paid for these leases night and thank you for being willing month, for one of the longest periods of on public land, but they, in fact, then to speak on behalf of the Western Cau- time in our history, the administration turned them back because the require- cus. seems pretty flat-footed on ideas, and ments turned it into a proposition that Mrs. LUMMIS. Thank you, Mr. so we in the Western Caucus felt like they had not bid on at all. Chairman. I appreciate your work as we could assist in that. That’s our busi- So we continue to find these case ex- chairman of the Western Caucus. ness. Many of us are familiar with the amples of too much interference, too The western States are roughly the industries, we’re familiar with the job much regulation, causing the energy 17 western States and three island gov- creation that can go on in the Western sector to slow down in certain areas on ernments, but they also include Mem- States. And so we felt that we were of- public lands therefore creating more bers from States who have very similar fering help to the administration but, unemployment and creating a bigger problems, but who happen to be east of to this point, they’ve been completely gap. the Mississippi, such as some of the unresponsive. I’ll finish one thought, and then I’m southern States along the Gulf of Mex- If you go on our Web site, you would going to yield time to my friend, Con- ico that have enormous energy reserves be able to see the ‘‘Jobs Frontier Re- gresswoman LUMMIS from Wyoming, and face some of the same regulatory port.’’ We’ve got the cover of it de- who is a member of the Western Caucus burdens. Also, people from coal-pro- picted here, and it simply describes in and is the vice chairman of that. We ducing States that are east of the Mis- that report the 40 exact pieces of legis- were in the hearing together earlier sissippi, such as West Virginia, where a lation that have already been written today. heavy attack on coal has jeopardized and submitted in order to create these But at this time in our Nation’s his- jobs and the future of coal in this coun- jobs. tory, almost everyone agrees that the try as a contributor to our energy fu- Now, it would be important to under- greatest threat that we face is the con- ture. stand that all of these jobs, not one of tinuing debt and the year-after-year As we see from the chart next to me them requires Federal input, no Fed- deficits. and from what Congressman PEARCE eral expenditure, no Federal stimulus, There are only three ways that you has previously told us, even though en- no tax to the American people. And, in- can solve deficit. If you’re spending ergy production is up, oil and gas pro- stead, we’re simply trying to solve the more money than you’re bringing in, as duction is up on private land. This is problem with the free market that has a family, well, you’ve got a couple of the bar to my far right. Over closer to caused this country to be so great in choices. Number one, you can go out me to the left, it shows that energy the past. and get a second job or retraining to production, oil and gas production We are faced with unemployment in where you make more income so you from Federal lands has declined—11 the West that is actually much higher. can increase your income. percent in the case of oil and 6 percent It’s 10.1 in percent in the West, which Number two, you can cut your ex- in the case of natural gas. tells us that the accusations that there penses down; or, number three, you can Now, why is this affecting gas prices? is a war on the West, a war on jobs in borrow money to make up the dif- Why does President Obama say that the West by the administration are ferences. drilling more now on Federal land will verifiable in the unemployment fig- The Federal Government is faced not affect oil prices now or the price of ures. with the same conclusions. It either gas at the pump? We have other documentation. Gas needs to increase revenue, that’s by Well, there’s two ways to look at prices have doubled since 2009. The pub- raising taxes; or you can increase rev- that. One is he’s correct that it’s not lic lands are facing increasing restric- enue by growing the economy, that’s going to affect the price of gasoline tions. creating more jobs. today or tomorrow. But the fact that The President has recently stated Secondly, you can cut spending. we’re not drilling now and that permits that the oil production is up in the Thirdly, you can borrow. are not being issued now—we know of U.S. Well, he stated a correct thing; Unfortunately, the Federal Govern- about 22 projects for the proposed 44,000 but what he should have been, from his ment goes one extra step that most new oil and gas wells on private land perspective, talking about is it is all families, some families actually resort that are being held up. That’s going to produced on public lands. And when we to, but it’s against the law for families. be gas production and oil production analyze that, we find out, in 2011, that It’s perfectly legal for the government. that will be available in the future, oil based on public lands, produced on But the fourth thing is to print money. anywhere from 3 to 7 years, that be- public lands, actually decreased by 14 And it’s that printing of money, that cause of these regulatory burdens is percent, and that the gas production, debt which is not being able to be re- not going to be produced. natural gas production, decreased by 11 paid that is the great threat to the That not only drives up the price of percent. country. gasoline and power of all kinds, energy And so when Secretary Salazar levies If we were to look across the West of all kinds, in those future years long his charge that the facts don’t speak and see where we’ve choked off jobs after President Obama is out of office, for what our position is, maybe we and put those people back to work in but it does affect today’s futures mar- could redirect the Secretary to go to the hundreds of thousands of jobs, then ket because the people who are looking

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.044 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2058 CONGRESSIONAL RECORD — HOUSE April 24, 2012 at the price of gasoline are looking at These are bad policies for the aver- turing, you don’t want power that is whether production is continuing to go age, everyday American. These are bad just available part-time. Generally, up in this country. That is a factor policies for America’s working moth- manufacturing is expensive and com- that is considered when futures pricing ers. petitive. We’re trying to keep our man- occurs, and because it’s very obvious Mr. Chairman, thank you for this op- ufacturing jobs here, and the last thing that the government policy in the portunity. we want to do is tell manufacturers United States for the last 4 years has Mr. PEARCE. I thank the gentlelady you’ve got to shut down for 10 hours been away from oil and gas and coal from Wyoming for her presentation and today because the wind is not blowing. and in favor only of solar and wind en- the facts that she presents. The modern economies absolutely de- ergy because we subsidize it so heavily One of the things that people con- mand the predictability of good power and promote it so heavily at the United stantly say who are opposed to oil and when you flip the switch to turn on States Department of Energy, it does gas, to energy coming from America, is equipment or to turn on things in your affect the price of oil, gasoline, and that it’s impossible to drill and remain home. eventually gasoline at the pump. environmentally sensitive and safe. I It is possible to provide those energy Now, another factor related to the think that those people are simply not resources at the same time that we coal issue that I mentioned is, are we looking at current technology. protect the environment. In my fa- going to hurt our environment if we It is possible with today’s technology ther’s generation, there were lots of don’t quit using coal? The answer is to to drill up to 7 miles horizontally. That problems. In my generation, I watched look at our regulatory work that was would be like drilling from here in this as major companies began to clean up done prior to President Obama taking room here across the Potomac River things that had originated back in the office, and it’s represented on this somewhere out into Crystal City and twenties and the thirties. So it’s nec- chart. putting a drill bit through a window essary for us to say that every single Let’s look from 1970. The population that’s maybe this large. one of us wants to see the environment in the United States is up 48 percent So what we’re able to do is drill down clean. They want clean water. They since then; coal-fueled electricity up 3,000 or 4,000 or maybe 5,000 feet, turn want the soil to be clean and clean air. 184 percent since then. The gross do- horizontally and drill and hit the zones And it is possible to achieve both be- mestic product of the United States up of production. It is possible in today’s cause of the technologies that we have 200 percent since the 1970s in part be- technology to preserve almost the en- today. cause we have had affordable, reliable, tire footprint of whether we’re wanting I would draw our attention next to and abundant electricity. So much of grass lands or forest lands or whatever. the fact that this administration has what we’ve done in this country in pro- We almost don’t have to disturb those been saying that they want an all-of- ducing job growth is based on the fact because the drill bit actually will be so the-above energy policy. At the same that we have been able to rely on af- far beneath the surface, we don’t have time, then, they’re increasing restric- fordable, abundant electricity. Half of to go in and clear locations like we did tions on public lands and access to pub- that has come from coal. 15, 20, and 30 years ago. lic lands. They’re making it more dif- Now, in that same time period, emis- You can also take one well, drill it ficult for the producers of both coal sions from power plants had declined 60 straight down and then come off that and electricity generation. They’re percent. Look at all of this growth. and put multiple well bores so that making it so much more difficult that Look at even the growth in coal-fueled what used to be spread on a quarter- everyone in the West is struggling electricity and the decline in emissions acre or quarter-mile spacing or half- under the load. down 60 percent. And that’s due to the mile spacing might now today be one The reason that the West has to deal Clean Air Act and compliance with the well for any number of the distributed with the problem more than the East is Clean Air Act. wells. that the Western lands are so much The point here being regulations can So the environmental impacts of more owned by the government. State be valuable when done properly, and drilling today are probably less than in government and Federal Government the Clean Air Act was a regulation any other technology. own such a large proportion of the land that had the desired impact. It dropped Wind energy, for instance. Wind is in the West that it’s incomprehensible emissions 60 percent by 2008. The prob- very large in New Mexico. They’ve got to States back East exactly about the lem has been since 2008, the efforts to these miles and miles of wind genera- problems that we face. But whether it’s overregulate have stifled our ability to tors standing in the air. Very large endangered species, whether it is re- create more energy from coal. It has footprint. New Mexico is very capable strictions, whether it is EPA, all of the reduced the number of jobs from coal. of producing a lot of wind, but one of agencies play a part in slowing down It has reduced revenue from coal, and the problems is that the wind doesn’t the process. it has reduced the affordability of elec- always blow and the sun doesn’t shine Recently, our administration— tricity going into the future. all the time. through Mr. Abbey at the BLM—said Mr. Chairman, I have some other We had in Arizona recently—one of that we really want the BLM across points that I want to make about this. the operators of a wind farm said that the Nation to lower the time required But for now, I’d like to just point out they get about 121⁄2 percent reliability, to give permits. In fact, that time is that the people who are bearing the that is about 121⁄2 percent of the time still abysmally high at over 200 days. brunt of our policies on energy in this they’re getting generated power out of I see my friend from Utah (Mr. country for the last 4 years have been the wind, and it’s somewhat higher in BISHOP) standing ready to speak. At people of very modest income. Because Arizona for solar, about 25 percent of this time, if he is ready, we’ll yield when gasoline prices go up at the the time. time to Mr. BISHOP, and we appreciate pump, when your electric bill goes up, So when people are talking about your presence on the Western Caucus. it is the people who are in the lower- converting from oil and gas to wind Mr. BISHOP is the past chairman and and middle class population or in a cat- and solar, and I think every one of us still a respected person on the House egory of workers who make very little believes that we ought to be using all Western Caucus. Thank you for being money and struggle to make ends of those forms of energy, but we have here tonight, and we appreciate your meet, especially single mothers, who to understand that if we go to 121⁄2 per- participation on the caucus. are really bearing the brunt of these cent reliability, that’s the amount of Mr. BISHOP of Utah. I appreciate the policies. time that when you flip the switch gentleman from New Mexico’s intro- These policies are choices of this ad- that you’re going to have power. duction, which is far more fluent than ministration. They are conscious deci- my presentation will be. sions that they are willing to see prices b 2020 I share what the gentleman from New go up for coal, oil, gas generated power I think most of us are living lives Mexico, as well as the gentlelady from in order to make them more competi- that we demand and need power imme- Wyoming, have said on this particular tive with higher-cost, higher-priced diately for use of home appliances, for issue, that we in the West seem to have wind and solar energy. use of our computers. In manufac- a unique situation in which there is an

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.046 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2059 effort to try and stifle—hopefully by not diminishing. It doesn’t matter This map is obviously the United simple incompetence and not out of what kind of efforts you put in there, States. Everything in red is what is planning—but stifle the economic our energy needs worldwide will be in- controlled by the Federal Government. creasing. We have to be able to plan for growth that we need so desperately in b 2030 the West for our kids and for our fu- that. ture. I have a good friend who is one of the You notice that we in the West have There are two things that were said CEOs of an energy company today who the unique opportunity of having one today that I read in the paper that said when he was in college back in half of everything in the West con- come from this administration, which 1973, the word went out there that we trolled by the Federal Government. tells us that we’re obviously in a cam- were in an energy crisis, we were run- The Federal Government controls one paign season and that the words are ning out of oil, and we had to come up out of every 3 acres in the Nation, and simply being used in a unique and dif- with a way of solving that problem. in some of our States it’s like 90 per- ferent way. That was still the Shah’s era, and so we cent, 70 percent, 60 percent of all the The President once said that the did. land is still controlled by the Nation. party to which I belong is currently en- In 1977, we came up with a national Now, one of the things that you may gaged in a war on the poor, which I find energy plan. It was a colossal failure. say is, Well, is that bad? I want to con- unique because, to be honest, when you It was an effort to do centralized plan- tend to some of my good friends who have overriding and ever-increasing en- ning here in Washington to come up live in other parts of the Nation that ergy costs, that—as the gentlelady with a way of solving our problem in they have an interest in all of this red from Wyoming said—is the real war on the future, and it failed miserably. stuff over there because my good the poor. Thirty years later, we have people in friends who live in the East are shell- Somebody who is in the bottom por- the bureaucracies of this administra- ing out $8 billion to $9 billion a year in tion of our economic sphere, our eco- tion who want to try and reinvent a order to control the West, to pay for all nomic stratus, will pay three times as very bad wheel that didn’t work back this land. Every year, in their efforts high a percentage of their income for in the 1970s. to make sure this map stays the same, increased energy prices as those who Someone has to tell this administra- that’s $8 billion to $9 billion that are in the top will. If you have a nice tion and this city that back in 1988, the comes out of their pockets. urban job, you may have an inconven- Berlin Wall fell down and the idea of What do they get for that invest- ience as energy prices go up. But if centralized planning was discredited ment? They get this map. The States you’re one of those struggling working throughout the entire world, not only that are in red are the States that have families trying to make ends meet, this in government, but also in industry. the hardest time funding their edu- becomes a unique situation. Everyone learned that lesson except cation systems over the last several When gas prices go up to $4 or more, the bureaucracies here in Washington, decades. climbing towards $5, they may dip where a solution of this administration Now, notice once again the States in down again, but they will certainly rise and far too much that takes place in red. The area in red is the Federal Gov- one more time. It hurts the poor far this city is still the same idea: let’s get ernment’s own land. The States in red worse than it does any other sector of a Big Government plan and let the gov- are the ones that have a hard time our country. They are the ones who ernment control everything. We want funding. You notice there is kind of a have the least likely chance of actually energy security, but we don’t want to correlation simply between the two? having some kind of fuel efficient auto- drill anywhere. We don’t like $4 a gal- This is what the United States is get- mobile, and yet they probably have the lon gasoline prices, but we’re not ready ting for its $9 billion investment to greatest chance of needing desperately to increase any refineries anywhere. control the West. We are harming our that car simply to go to work, and We don’t necessarily want more coal or schools. have no other options whatsoever. hydro or nuclear, but we’re not ready Now, even in this land that’s in the to come up with any kind of alter- They are the ones who will have the West, we have a huge backlog in main- native. We actually do want to have most difficult time trying to heat their tenance issues. Our National Park more gas coming in here, but we’re not homes in the middle of winter with the Service is hundreds of millions behind ready to put any pipelines in place to increased cost of fuel. They are the in their maintenance system. try and make sure that actually hap- ones who will recognize, first of all, There are some States like mine that pens. simply said, you know, this is ridicu- that whenever the cost of gasoline goes The end result is we lose. The West- lous. Our kids are being harmed in up, the cost of food will also go up, ern Energy Alliance made the pre- their education funding. We can’t gen- simply because it takes money to send diction that because of our lack of en- erate the money we need for our own that food to market so that you can ergy development on public lands in infrastructure. Why don’t you just let buy it. All of that hits those who are in the West, we have lost 16,000 jobs and us take control of the land, and we will the lowest sector of our economy hard- almost $4 billion of infrastructure in- save those pristine areas that need to er than those who are in the upper sec- vestment that comes in there. tor of our economy. The Secretary of Interior made a be saved. We will ensure there is access One of the estimates we used a couple speech today where he called a lot of for recreation and multiple use, and we of years ago said that for every $420 a things we talk about here in Congress will develop those resources. family has to pay in increased energy the ‘‘imagined energy world.’’ I think The Secretary of the Interior today costs, it will equate to 6,000 jobs that this administration believes in that said, simply, that concept defies com- will be lost in the economy. That’s one imagined energy world. mon sense. The idea that only the Fed- of the problems that we simply find It’s very easy for this administration eral Government has the ability and ourselves in. The sad part about that is to list all of their alternative energy the intelligence to control this kind of we don’t have to do it. This is not an projects by name, because they have land and that people who live in the energy-poor country. In fact, it is an very few of them. They’re not moving States obviously can’t do it defies com- energy-rich country. ahead with solar power. They’re not mon sense. We should be using the resources moving ahead with wind power. What this means is the Federal Gov- that we have here in the country to en- They’re not moving ahead with any- ernment that wants to spend more rich ourselves and to help each other to thing else, and they’re not moving money for land acquisition, that can- have a better lifestyle, not getting ahead with alternative forms either. not maintain its own land right now, worse. And the competition for energy And this hits us in the West specifi- that harms kids in the West with their is going to increase as time goes on. cally. education funding, that underfunds all There are 61⁄2 billion people in the Mr. PEARCE, I don’t want to consume the projects that are there right now world; 2 billion of those 61⁄2 billion have too much time. You may want to go in and simply wants more and more, no electricity today. They’re going to another direction. But I’m an old that’s the common sense. If that, in- want that in the future, which means school teacher, and this is one of the deed, is the future, then we have a our energy needs will be increasing, areas that is of concern to me. long, long way to go.

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.048 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2060 CONGRESSIONAL RECORD — HOUSE April 24, 2012 We in the West simply have a simple Government have choked the bureauc- of the agencies that our agency over- situation. We can do it just as well, if racy full of people in order to manage sees, is proposing rules regulating not better, and my argument to you is these resources, but, instead, they fracking on public lands. The concern we can actually do it better. That’s manage them in a process that ulti- about that is that right now, in a State what should be common sense. Our mately sees that they will burn down. like Colorado, my own State, those kids are being harmed by this system. It’s not a question of if but when. State regulators are already doing a We are not producing jobs for our kids The final comment I’m going to great job regulating fracking. They because of this system. What I think make, and then I’m going to yield to know the local geology. They know the we need to do in the West is realize this my friend from Colorado, but the Presi- water, the water aquifers. They know is a country that has energy potential, dent recently asked for $52 million to the things that someone in Washington energy ability, job potential, job abil- crack down on speculators, which he is not really going to know. ity, and we have kids that definitely claims are the cause of high gas prices. If you add a second layer of bureauc- need that. $52 million to crack down on specu- racy onto what the States are already We in the West pay more taxes than lators. doing, you have the potential—in fact, they do in the East when you add ev- Now, speculators, you have to under- the certainty—of crippling job produc- erything up. We put a higher percent- stand that they make their money by tion, crippling energy production, be- age of our State budgets into education guessing which way the market is cause you’ll have twice as many regu- than they do in the East. We actually going to go. Right now they see a gov- lations to have to deal with if you’re have higher class sizes than those in ernment that is choking down access an energy producer. Why in the world the East. We have more kids than to supplies, so they scratch their head do we need to, when the States are al- those in the East. and say, We think maybe the price is ready doing a good job, add another We need to have the ability of actu- going to go up and so they speculate layer of red tape and bureaucracy? I’m ally meeting our particular needs. Part and buy on the assumption that the really concerned about that. of that is for this administration to price of gas is going up, the price of oil The subcommittee that I’m the simply realize you’ve got to help de- is going up, and lo and behold, they’re chairman of on Natural Resources, En- velop the resources that we can. We making money. ergy and Mineral Resources, is having can control it. We can fund it. We can But if the President were to an- a hearing in Denver next week on do it if you give us the opportunity nounce today that he was going to Wednesday, the 2nd of May, at the just to move forward. open—and people sincerely believed State Capitol in Denver. We’re going to This administration says that we are him, that he was going to open access get right into this very issue. producing more oil now than ever be- to Federal lands, those same specu- b 2040 fore because it’s all being produced on lators who today think the price is private property where they can’t con- going to go up would begin to say, Oh, Should the States be regulating trol it, try as they might to. If they I better buy down, because if I bid up fracking, or do we also want to have simply unleash the potential in all this and the price falls, I’m going to lose the Federal Government regulating as red area, this country would move for- money. So those speculators would well? I hope that the evidence shows— ward in a growth spurt that is almost begin to drive the price down. and I believe it will—that the States impossible to imagine. That’s the com- But he doesn’t need $52 million. All are already doing a great job. We can monsense plan. he needs to do is give one sentence only lose by having another layer of I am very happy to be a part of this from the White House that the war on regulation. issue because I’m excited about what the West is ending and we’re going to This is an issue that affects energy in my colleagues are saying in a much open the West oil production up again. the West on public lands, and I’m real- more refined way than I have been able That would do the trick; no $52 million ly concerned that we have Federal to do that, and I’m excited about hear- putting us deeper into debt. It simply agencies getting involved when the ing some more of my westerners who makes sense to us from the West be- States are already doing a fine job and realize, hey, listen, there is a war on cause we see it day in and day out. it’s only going to hurt the production western jobs and it needs to stop. We We’re joined tonight by our good of energy and the creation of jobs. need to have help in creating western friend, DOUG LAMBORN, from Colorado, Mr. PEARCE. That is absolutely jobs, not hindrance in stopping western and welcome here. It’s nice to see you, true. One point that is often omitted jobs. and we appreciate your participation in by the opponents of fracking is that Mr. PEARCE. I thank the gentleman the Western Caucus. We appreciate you the people who most want fracking not for his comments and would, again, ac- being here tonight. to communicate with the fresh water centuate both his points and the gen- Mr. LAMBORN. Thank you, Rep- are the oil companies themselves. They tlelady from Wyoming’s about the ad- resentative. You do such a great job drill this million-dollar well bore, then ministration’s current war on the poor. representing New Mexico, and you they run casing in the well bore. They We have heard repeated comments know so much about energy issues and put cement outside that casing in order from the administration and their rep- financial institutions, issues like that that they can have a nice tight well resentatives that we need to get the as well. But this is a great forum. I bore in order to produce the oil that al- price of gasoline up so that people will thank you for organizing this and your lows them to pump the oil out expedi- consume less, that, yes, the price of leadership on energy issues. tiously. And when they frack, they electricity by our policies will nec- I want to quickly address an issue frack thousands of feet below the water essarily increase dramatically. The that is of great concern to many peo- zones. They’re usually right up at the price of electricity increasing, the ple, myself included, and that is: Who surface. And for contamination to price of gas increasing, punish the poor should be regulating things like hydro- occur, that pressure that is pumped terribly. Why would we have policies logic fracking, fracturing—or fracking, down in the thousands of feet lower in that are so unfair to the poor? It defies for short—here in the United States? the well would have to come outside imagination. We have about 10 different Federal the well bore, outside the cement Also, following up on my friend’s agencies that have their hand involved around the casing, all the way to the comments about the Secretary saying one way or another in regulating surface, and then contaminate the that it is impossible, just not feasible, fracking, or at least trying to do so, water up there. In doing that, they even unimaginable that people in the from the EPA all the way to the Secu- have ruined the entire well bore. States would take better care of the rities and Exchange Commission, if you So the companies themselves are property than the Federal Government can believe that. watching to see if there’s any drop in has, I would simply direct the Sec- I’m concerned because in my work on pressure. That’s when you know that retary’s attention to those massive for- the Natural Resources Committee, you’ve got something bleeding off. est fires in the West. They are man- along with ROB BISHOP that you heard They shut everything down. They pa- aging our forests in order that they from earlier, we have been hearing that tiently look at it. The oil companies, would burn down. They and the Federal the Bureau of Land Management, one again, are the best custodians of the

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.050 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2061 water because they don’t want to ruin We’ve proven that as States who re- down so that people in America don’t the well that they have spent drilling ceived land when we became States, we have to pay as much at the pump. and a lot of money in completing. can manage all of the land in our State b 2050 I notice that my good friend, Mrs. that’s not private land. LUMMIS, is back at the podium, and Consequently, I agree with what Mr. Now, I’m not sure what imagined en- would yield more time to her at this BISHOP said earlier. The fact that we ergy world says that it will cause the point. have NEPA, FLPMA, SMCRA, price of gas to go down if they drill in Mrs. LUMMIS. Thank you, Mr. CERCLA, and lots of other laws that Saudi Arabia and Brazil, but it won’t Chairman. are managed from the Federal Govern- cause the price of gas to go down if I would like to point out what States ment’s level that could be managed at they drill over here. That, to me, ar- are experiencing in relation to our Fed- the State level would make it much gues that it is that that is instead an eral budget. So let’s start with the less expensive, would make the land imagined energy world. Federal budget. Here we have all our stewardship closer to home where the The Secretary goes on to talk about revenue for 2011 in this column. Here people who really love and thrive on that these members of the Republican we have just our entitlement programs these important lands live and work Party are members of the Flat Earth that we spend money on in this col- and want to recreate and want to par- Society in a demeaning term. Now, in umn. So we’re spending all of the tax ticipate in the management of these my county, you can see from one end revenue we take in in this country just lands. to the other, miles and miles; and if on our entitlement programs. That is They would also produce more rev- you turn and look east, you can see all Social Security, Medicare, Medicaid, enue for the States, making States like the way to Dallas 300 or 400 miles away. other mandatory programs such as Utah, like my own State of Wyoming, I do live in a flat part of New Mexico food stamps and school lunches. And where we prioritize public education and can see across the line into Texas. then, of course, interest on the debt. above all other expenditures of govern- And so he speaks in demeaning terms Which means every other discretionary ment, we would make more money about flat Earth, and yet he’s very program and the global war on terror available. Because as you know, in happy to have all the production of oil and our national defense is all bor- most States, the property taxes go and gas that comes from there. rowed money—borrowed from China, largely to the education system. Well, So the flat-broke administration is from Saudi Arabia, from Japan, and when the land belongs to the Federal criticizing the Flat Earth Society. And from American companies and the Government, the Federal Government of the two, I would rather live on flat American people. That would never doesn’t pay taxes. Consequently, that ground than be flat broke. And so I happen in the State. money is not available to us. would yield to my good friend, and On the front page of my State’s Now, States do get something called then I will close out. statewide newspaper today was an arti- PILT payments—payment in lieu of Mr. BISHOP of Utah. I thank the cle that our Governor, Wyoming Gov- taxes—but they’re not the same as if gentleman from New Mexico, and, once ernor Matt Mead, is asking all State that land were on the tax rolls of the again, I do agree with you. I enjoy your agencies to budget for an 8 percent cut States in which those lands reside. image of the world much better than in spending, and the health depart- Consequently, look at what we’ve this particular administration. It re- ment, a 4 percent cut in spending. This summed up. We’re producing less jobs minds me of ‘‘Back to the Future’’ is because natural gas prices in the off Federal lands with more regula- when they had the two movies, what United States have dropped below $2 in tions, more cost to the American tax- happened if Biff got the sports sheets MCF, which is extremely low, and my payer, less revenue to the States, less and what happened if he didn’t? It’s al- State is the second largest producer of revenue to the Federal Government, most what we’re doing here. There are natural gas in the Nation, and we’re and less potential for job creation. The two actual visions of what the future of heavily reliant on natural gas for reve- job seekers end up being on unemploy- this America will be; and, I’m sorry, nues. ment instead of paying taxes because this administration keeps taking us So what do we do when our revenues of the salaries that are paid. And when down the road in which Biff actually decline? We cut spending. We budget you have great-paying jobs like in the does have the sports sheets and he is differently. We don’t hire people to sit oil and gas industry, where the average able to win all those bets and get con- in vacant positions. We leave those po- job pays $72,000 a year—a much higher trol of everything. sitions vacant or, better yet, make wage than the average wage in our I just want to add one other thing to them completely go away. That’s what States—we really are hurting ourselves what the gentlelady from Wyoming States do to manage their problems. terribly by not prioritizing jobs, not also said here. When we talk about the But an interesting source of revenue using Federal lands to their fullest ca- Federal Government and what the Fed- for the State is income off State lands. pabilities in a way that provides great eral Government does on public lands, And it’s a very important source of stewardship that those in the West I just want you to realize it is not only revenue. value and seek and yearn for and want related to public lands itself. Now, Mr. BISHOP from Utah pointed and would never compromise in order We find that this administration is out earlier this evening that the Amer- to have a robust State and a robust not satisfied with just living within the ican taxpayers are paying $8 billion, economy. boundaries of public lands, but is com- Mr. BISHOP, to pay for administering I want to thank Mr. PEARCE once ing up with policies that impact pri- public lands in the West. In my State again for his leadership. vate property that is next to those pub- of Wyoming, we could be managing Mr. PEARCE. I thank the gentlelady. lic lands. When this administration those lands. And if you went and Before I yield time to my good friend took over, in the State of Utah there looked at the quality of our State Mr. BISHOP again, I’m reading in to- were 77 oil leases that had gone lands, you would be thoroughly im- day’s quotes that Interior Secretary through a 7-year review. They had all pressed. They are beautifully managed. Salazar said that House Republicans the public hearings, they did every- The stewardship is well done. We are live in an imagined energy world. I ap- thing, they were ready to be let for sale producing oil and gas. We’re producing preciate his concern and his criticism. to try and develop those resources in livestock, cattle, and sheep. We’re pro- I consider it as constructive. But think the eastern part of my State. ducing timber. We’re producing rec- about this imagination. The very first thing this administra- reational opportunities, open space. The President in March of 2012 said: tion did was recall those 77 leases. It We’re creating, because of all that open We can’t just drill our way to lower gas didn’t matter that the process had space, places where clean air, clean prices. We can’t drill our way to lower gone through, they had done the work. water, and clean living can really work gas prices. That’s a viewpoint that They recalled them for the purpose of together. It is a wonderful system with could be considered legitimate, except special interest groups for their satis- much smaller administrative costs that about the same time he’s calling faction. What happened in the eastern than the American people are paying for Brazil and Saudi Arabia to increase part of my State is the unemployment for the Federal lands in the West. their drilling in order to get the prices rate simply skyrocketed not only for

VerDate Mar 15 2010 03:08 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.052 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2062 CONGRESSIONAL RECORD — HOUSE April 24, 2012 these 77 leases that were on public Energy Tax Prevention Act by Mr. month. And poor families everywhere land; but the private sector that was UPTON. are having to make choices to buy en- there ready to invest saw the hand- Now, just talking among friends, I ergy or to live in cold, live without air writing on the wall, and they pulled would feel that the Secretary of the In- conditioning, and to not be able to out of that particular area. They were terior exposes a little bit of thin skin. drive and see their grandkids. not ready to go through the kind of These are credible debates that we’re What kind of choices are those? harassment as well as the regulation having in America right now, whether Those are not the choices that I think that they could see taking place. And we should use foreign oil or oil pro- most Americans want. I think most the unemployment skyrocketed; the duced in this country, whether we Americans like our lifestyle. Our life- investment in that area went. Only should export our jobs overseas to style is based on two dominant now is it starting gradually and gradu- produce energy or whether we should things—the cost of food and the cost of ally to come back in. get them here. energy. And when we drive both of Here is the problem that we have I read where Mr. Salazar says that those costs up through overregulation with this administration’s policies: Not the fact is most of the Outer Conti- and through government limitations, only do they inhibit energy production nental Shelf resources are open for then we’re doing a disservice to the and jobs that can be generated on pub- business, he says. Well, then, give us American public. lic lands; their efforts of increased reg- the nod, and we’ll simply pass those Every single person in America ulation and efforts to inhibit that kind first three bills: Putting the Gulf Back wants to see our land protected, they of development take away jobs on pri- to Work Act; Restarting American Off- want to see the workers protected, they want to see soil, water, and air vate property where they see that shore Leasing Now; and Reversing protected; but they also are desperate there is not a future there and they President Obama’s Offshore Morato- to see jobs created. It’s within the don’t want to go through the regu- rium. If it’s already the case, then just power of this body, it’s within the latory hassle. So what could have been humor us, nod your head, and nothing power of the Senate, and it’s within the will be changed since it’s already open developed in my State basically went power of the President to create those for business, and if the President would to North Dakota on private lands, and jobs, to create the answers for an tell the Senate to go ahead and pass there they found their ability to make America that is tired, for an America lots of money and to increase the en- just those three bills, we could send that is scared, and for an America that ergy production here because they sim- them up to the President, and we could is worried about its future and the fu- ply did not have to deal with this ad- have plenty of jobs starting out and ture for her children. ministration. plenty of American production. Unfortunately, it’s not just about en- Again, I would look back at the price b 2100 ergy jobs. This administration on pub- of natural gas. When the administra- It’s within our power in this town to lic lands is doing the same thing for tion says that you can’t drill and come reverse those things, to stop the war on recreation jobs. With the number of up with lower prices, the price of nat- the West, to start making sense in pub- roads that have been closed on the for- ural gas a couple of years ago was in lic policy, to start making decisions est and BLM lands, stopping the ability the $12 range. Today, the price is about that create solutions—real solutions of people to hunt and fish and do other $2.50. Now what caused the price to go for not just jobs, but for careers where forms of regulation, even the kinds of from 12 to 2? When the price is going people can plan their lives, they can regulation on outfitters that tells them up, the President says, I need $52 mil- set aside to buy a house, or to send what kind of coffee they have to serve lion to control the speculators that are their kids to school. That’s the Amer- when they’re on Park Service property, driving the price up. But when the ica that all Americans want across that is an impediment to the develop- price goes down, somehow he’s not say- party lines, across racial lines. People ment of our recreation community and ing we need to give you $52 million for generations have come to this coun- recreation jobs at the same time. back because now those speculators are try for that promise, for that hope, and One of the things we have to realize driving the price down. that opportunity. It starts with us in is that this administration’s effort to This view of energy in the White this town. It is time for us to put aside try and control everything is producing House, originating with the Secretary the differences. nothing that is helping us create jobs of the Interior, somehow doesn’t get We ask the Senate to pass the West for our kids to keep them at home. I the fact that the reason the price of Act; and, Mr. President, we respect- appreciate Mr. PEARCE for actually natural gas has fallen from 12 to 2—and fully ask for you to sign that act to starting this process and talking about that’s a very steep decline—is because bring jobs to the West and bring pros- this issue because it needs desperately we have drilled our way into lower perity to the Nation. to be addressed. prices. We’ve increased the supply God bless this country, and God bless Mr. PEARCE. I thank the gentleman. enough through more jobs and more each one of the taxpayers. Senator HATCH is going to introduce production that world demand is kind I yield back the balance of my time. this week the West Act, which is a of swamped with the supply. It’s, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE combined 10 bills that we have pre- again, an economic equation of supply The SPEAKER pro tempore (Mr. viously sent from the House of Rep- and demand. MCKINLEY). All Members are reminded resentatives that are sitting dormant I think that’s the greater impact in to address their remarks to the Chair. drawing dust in the Senate, and so he the price of gasoline today. The supply f is going to lump them together and and demand of oil and the supply and LEAVE OF ABSENCE push them out. Those are a part of our demand of natural gas controls that. By unanimous consent, leave of ab- ‘‘Jobs Frontier Report.’’ And those acts We have drilled our way to success in sence was granted to: do things like H.R. 1229, Putting the natural gas because companies went Mr. SCHIFF (at the request of Ms. Gulf Back to Work Act, that’s by Rep- everywhere drilling on private lands. PELOSI) for today on account of busi- resentative HASTINGS; H.R. 1230, Re- But now, then, the administration is ness in the district. starting American Offshore Leasing saying we need to curtail all that pro- Mr. GRIFFIN of Arkansas (at the re- ASTINGS Now Act by, again, Mr. H ; H.R. duction here because it’s not going to quest of Mr. CANTOR) for today on ac- 1231, Reversing President Obama’s Off- lower the price; we need to the control count of illness. shore Moratorium Act; H.R. 2021, the the speculators. These are simply in- Mr. MARINO (at the request of Mr. Jobs and Energy Permitting Act, and consistencies that are punishing the CANTOR) for today and the balance of that’s by Mr. GARDNER from Colorado; American public. They’re punishing the week on account of medical rea- H.R. 1837, the San Joaquin Valley the American public and especially the sons. Water Reliability Act by Mr. NUNES of poor in the American public by higher f California; H.R. 872, Reducing Regu- gasoline prices and by higher elec- latory Burdens Act by Mr. GIBBS; H.R. tricity costs. It’s making it to where ADJOURNMENT 1633, the Farm Dust Prevention Act by families just can’t get by, to where Mr. PEARCE. Mr. Speaker, I move Ms. NOEM; and, finally, H.R. 910, the they can’t make the payments for the that the House do now adjourn.

VerDate Mar 15 2010 03:45 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.054 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2063 The motion was agreed to; accord- 5742. A letter from the Chairman and Presi- 5753. A letter from the Assistant Secretary, ingly (at 9 o’clock and 2 minutes p.m.), dent, Export-Import Bank, transmitting a Legislative Affairs, Department of State, under its previous order, the House ad- report on transactions involving U.S. exports transmitting Transmittal No. DDTC 11-105, journed until tomorrow, Wednesday, to Russia pursuant to Section 2(b)(3) of the pursuant to the reporting requirements of Export-Import Bank Act of 1945, as amended; Section 36(c) of the Arms Export Control April 25, 2012, at 10 a.m. for morning- to the Committee on Financial Services. Act; to the Committee on Foreign Affairs. hour debate. 5743. A letter from the Chairman, Federal 5754. A letter from the Diversity and Inclu- Financial Institutions Examination Council, f sion Programs Director, Federal Reserve transmitting the Council’s Annual Report System, transmitting the eigth annual re- EXECUTIVE COMMUNICATIONS, for 2011; to the Committee on Financial port pursuant to Section 203(a) of the No ETC. Services. 5744. A letter from the Acting Assistant Fear Act, Pub. L. 107-174, for fiscal year 2011; Under clause 2 of rule XIV, executive to the Committee on Oversight and Govern- communications were taken from the Secretary, Energy Efficiency and Renewable Energy, Department of Energy, transmitting ment Reform. Speaker’s table and referred as follows: the Department’s semi-annual Implementa- 5755. A letter from the Commissioner, 5733. A letter from the Secretary, Air tion Report on Energy Conservation Stand- International Boundary and Water Commis- Force, Department of Defense, transmitting ards Activities, pursuant to Section 141 of sion United States and Mexico, transmitting notification that the Average Procurement the Energy Policy Act of 2005; to the Com- the Commission’s annual report for FY 2011 Unit Cost (APUC) and Program Acquisition mittee on Energy and Commerce. prepared in accordance with Section 203 of Unit Cost metrics for the C-130 AMP Pro- 5745. A letter from the Director, Regula- the Notification and Federal Employee Anti- gram have exceeded the critical cost growth tions Policy and Management Staff, Depart- discrimination and Retaliation Act of 2002 threshold, pursuant to 10 U.S.C. 2433(e)(1); to ment of Health and Human Services, trans- (No FEAR Act), Public Law 107-174; to the the Committee on Armed Services. mitting the Department’s final rule — Med- Committee on Oversight and Government 5734. A letter from the Acting Under Sec- ical Devices; Neurological Devices; Classi- Reform. retary, Department of Defense, transmitting fication of the Near Infrared Brain Hema- 5756. A letter from the HR Specialist, Of- a letter on the approved retirement of Vice toma Detector [Docket No.: FDA-2012-M- fice of Navajo and Hopi Indian Relocation, Admiral Paul S. Stanley, United States 0206] received April 2, 2012, pursuant to 5 transmitting the Office’s annual report for Navy, and his advancement to the grade of U.S.C. 801(a)(1)(A); to the Committee on En- Fiscal Year 2011 prepared in accordance with vice admiral on the retired list; to the Com- ergy and Commerce. mittee on Armed Services. 5746. A letter from the Director, Regula- Section 203 of the Notification and Federal 5735. A letter from the Acting Under Sec- tions Policy and Management Staff, Depart- Employee Antidiscrimination and Retalia- retary, Department of Defense, transmitting ment of Health and Human Services, trans- tion Act of 2002 (No FEAR Act), Public Law a letter on the approved retirement of Lieu- mitting the Department’s final rule — 107-174; to the Committee on Oversight and tenant General Richard Y. Newton III, Agreements and Memoranda of Under- Government Reform. United States Air Force, and his advance- standing Between the Food and Drug Admin- 5757. A letter from the Acting Deputy As- ment on the retired list in the grade of lieu- istration and Other Departments, Agencies, sistant Administrator For Regulatory Pro- tenant general; to the Committee on Armed and Organizations [Docket No.: FDA-2012-N- grams, NMFS, National Oceanic and Atmos- Services. 0205] received April 2, 2012, pursuant to 5 pheric Administration, transmitting the Ad- 5736. A letter from the Acting Under Sec- U.S.C. 801(a)(1)(A); to the Committee on En- ministration’s final rule — Fisheries of the retary, Department of Defense, transmitting ergy and Commerce. Northeastern United States; Atlantic Her- a letter on the approved retirement of Lieu- 5747. A letter from the Assistant Secretary, ring Fishery; Adjustment to 2012 Annual tenant General Marc E. Rogers, United Department of Defense, transmitting the De- Catch Limits [Docket No.: 111207734-2119-02] States Air Force, and his advancement on partment’s Cooperative Threat Reduction (RIN: 0648-BB50) received March 26, 2012, pur- the retired list in the grade of lieutenant (CTR) Annual Report to Congress for Fiscal suant to 5 U.S.C. 801(a)(1)(A); to the Com- general; to the Committee on Armed Serv- Year 2013, pursuant to Public Law 106-398, mittee on Natural Resources. ices. section 1308 (114 Stat. 1654A-341); to the Com- 5758. A letter from the Acting Director, Of- 5737. A letter from the Acting Under Sec- mittee on Foreign Affairs. fice of Sustainable Fisheries, NMFS, Na- retary, Department of Defense, transmitting 5748. A letter from the Assistant Secretary, tional Oceanic and Atmospheric Administra- a letter authorizing Brigadier Generals Legislative Affairs, Department of State, Darryl W. Burke and John F. Newell III, transmitting the text of ILO Recommenda- tion, transmitting the Administration’s final United States Air Force, to wear the insignia tion No. 200 concerning HIV and AIDS and rule — Fisheries of the Northeastern United of the grade of major general; to the Com- the World of Work, Adopted by the Con- States; Atlantic Herring Fishery; Sub-An- mittee on Armed Services. ference at its Ninety-Ninth Session, Geneva, nual Catch Limit (ACL) Harvested for Man- 5738. A letter from the Director, Defense 17 June 2010, pursuant to Art. 19 of the Con- agement Area 1B [Docket No.: 0907301205- Procurement and Acquisition Policy, De- stitution of the International Labor Organi- 0289-02] (RIN: 0648-XA971) received March 26, partment of Defense, transmitting the De- zation; to the Committee on Foreign Affairs. 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment’s final rule — Defense Federal Ac- 5749. A letter from the Director, Bureau of Committee on Natural Resources. quisition Regulation Supplement; Inflation Economic Affairs, Department of Commerce, 5759. A letter from the Acting Director, Of- Adjustment of Threshold for Acquisition of transmitting the Department’s final rule — fice of Sustainable Fisheries, NMFS, Na- Right-Hand Drive Passenger Sedans (DFARS International Services Surveys: BE-150, tional Oceanic and Atmospheric Administra- Case 2012-D016) (RIN: 0750-AH65) received Quarterly Survey of Cross-Border Credit, tion, transmitting the Administration’s final April 3, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); Debit, and Charge Card Transactions rule — Fisheries of the Northeastern United to the Committee on Armed Services. [110817508-2069-2] (RIN: 0691-AA79) received States; Atlantic Herring Fishery; Sub-ACL 5739. A letter from the Director, Defense March 26, 2012, pursuant to 5 U.S.C. (Annual Catch Limit) Harvested for Manage- Procurement and Acquisition Policy, De- 801(a)(1)(A); to the Committee on Foreign Af- ment Area 2 [Docket No.: 0907301205-0289-02] partment of Defense, transmitting the De- fairs. (RIN: 0648-XB001) received March 26, 2012, partment’s final rule — Defense Federal Ac- 5750. A letter from the Assistant Secretary, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- quisition Regulation Supplement; Repeal of Legislative Affairs, Department of State, mittee on Natural Resources. Case-by-Case Reporting (DFARS Case 2012- transmitting the Department’s final rule — 5760. A letter from the Acting Director, Of- D020) (RIN: 0750-AH67) received April 3, 2012, Schedule of Fees for Consular Services, De- fice of Sustainable Fisheries, NMFS, Na- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- partment of State and Overseas Embassies tional Oceanic and Atmospheric Administra- mittee on Armed Services. and Consulates [Public Notice 7835] (RIN: tion, transmitting the Administration’s final 5740. A letter from the Director, Defense 1400-AD06) received April 11, 2012, pursuant rule — Fisheries of the Exclusive Economic Procurement and Acquisition Policy, De- to 5 U.S.C. 801(a)(1)(A); to the Committee on Zone Off Alaska; Pacific Cod for American partment of Defense, transmitting the De- Foreign Affairs. partment’s final rule — Defense Federal Ac- 5751. A letter from the Assistant Secretary, Fisheries Act Catcher/Processors Using quisition Regulation Supplement: Separa- Legislative Affairs, Department of State, Trawl Gear in the Bering Sea and Aleutian tion of Combined Provisions and Clauses transmitting Transmittal No. DDTC 12-001, Islands Management Area [Docket No.: (DFARS Case 2011-D048) (RIN: 0750-AH38) re- pursuant to the reporting requirements of 101126521-0640-02] (RIN: 0648-XB028) received ceived April 3, 2012, pursuant to 5 U.S.C. Section 36(c) and 36(d) of the Arms Export March 26, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Armed Control Act; to the Committee on Foreign 801(a)(1)(A); to the Committee on Natural Services. Affairs. Resources. 5741. A letter from the Chairman and Presi- 5752. A letter from the Assistant Secretary, 5761. A letter from the Assistant Attorney dent, Export-Import Bank, transmitting a Legislative Affairs, Department of State, General, Department of Justice, transmit- report on transactions involving U.S. exports transmitting the Department’s report enti- ting the Department’s report detailing ac- to various foreign buyers pursuant to Sec- tled, ‘‘Report on Denial of Visas to Confisca- tivities under the Civil Rights of Institu- tion 2(b)(3) of the Export-Import Bank Act of tors of American Property’’, pursuant to 8 tionalized Persons Act during Fiscal Year 1945, as amended; to the Committee on Fi- U.S.C. 1182d Public Law 105-277, section 2011, pursuant to 42 U.S.C. 1997f; to the Com- nancial Services. 2225(c); to the Committee on Foreign Affairs. mittee on the Judiciary.

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5762. A letter from the Senior Program An- Florida, Mr. CLEAVER, Mr. JACKSON of dichlorprop-p dimethylamine salt, and alyst, Department of Transportation, trans- Illinois, Mr. REYES, Mr. RUSH, Mr. dichlorprop-p 2-ethylhexyl ester; to the Com- mitting the Department’s final rule — Air- CONYERS, Mr. LUJA´ N, Mr. HINOJOSA, mittee on Ways and Means. worthiness Directives; Bombardier, Inc. Air- and Ms. FUDGE): By Mrs. BIGGERT: planes [Docket No.: FAA-2011-1230; Direc- H.R. 4483. A bill to authorize the Director H.R. 4496. A bill to extend the temporary torate Identifier 2011-NM-141-AD; Amend- of the National Science Foundation to pro- suspension of duty on 2-methyl-4- ment 39-16964; AD 2012-04-08] (RIN: 2120-AA64) vide grants to institutions of higher edu- chlorophenoxyacetic acid; to the Committee received March 30, 2012, pursuant to 5 U.S.C. cation for implementing or expanding re- on Ways and Means. 801(a)(1)(A); to the Committee on Transpor- forms in undergraduate science, technology, By Mr. BISHOP of Georgia: tation and Infrastructure. engineering, and mathematics (STEM) edu- H.R. 4497. A bill to extend the temporary 5763. A letter from the Senior Program An- cation in order to increase the number of suspension of duty on formulations con- alyst, Department of Transportation, trans- students from underrepresented minority taining Bromacil and Diuron and application mitting the Department’s final rule — Air- groups receiving degrees in these fields, and adjuvants; to the Committee on Ways and worthiness Directives; The Boeing Company to recruit, retain, and advance STEM faculty Means. Airplanes [Docket No.: FAA-2008-0107; Direc- members from underrepresented minority By Mr. BISHOP of Georgia: torate Identifier 2007-NM-087-AD; Amend- groups at institutions of higher education; to H.R. 4498. A bill to extend the temporary ment 39-16965; AD 2012-04-09] (RIN: 2120-AA64) the Committee on Science, Space, and Tech- suspension of duty on formulations con- received March 30, 2012, pursuant to 5 U.S.C. nology. taining Diuron and application adjuvants; to 801(a)(1)(A); to the Committee on Transpor- By Mr. CHAFFETZ (for himself, Mr. the Committee on Ways and Means. tation and Infrastructure. FALEOMAVAEGA, Mr. FLAKE, and Mr. By Mr. BISHOP of Georgia: 5764. A letter from the Senior Program An- MCKEON): H.R. 4499. A bill to extend the temporary alyst, Department of Transportation, trans- H.R. 4484. A bill to provide for the convey- suspension of duty on Dimethyl carbonate; mitting the Department’s final rule — Air- ance of a small parcel of National Forest to the Committee on Ways and Means. worthiness Directives; Pratt & Whitney Divi- System land in the Uinta-Wasatch-Cache Na- By Mr. BISHOP of Georgia: sion Turbofan Engines [Docket No.: FAA- tional Forest in Utah to Brigham Young H.R. 4500. A bill to extend the temporary 2011-0944; Directorate Identifier 2011-NE-11- University, and for other purposes; to the suspension of duty on 5-Chloro-1-indanone; AD; Amendment 39-16960; AD 2012-04-04] (RIN: Committee on Natural Resources. to the Committee on Ways and Means. 2120-AA64) received March 30, 2012, pursuant By Mr. CONAWAY: By Mr. BISHOP of Georgia: to 5 U.S.C. 801(a)(1)(A); to the Committee on H.R. 4485. A bill to further the prepared- H.R. 4501. A bill to extend the temporary Transportation and Infrastructure. ness of the United States Armed Forces, in suspension of duty on Esfenvalerate; to the 5765. A letter from the Senior Program An- cooperation with regional allies, to prevent Committee on Ways and Means. alyst, Department of Transportation, trans- the Government of Iran from obtaining a nu- By Mr. CARNEY: mitting the Department’s final rule — Air- clear weapon, and for other purposes; to the H.R. 4502. A bill to extend and modify the worthiness Directives; Airplanes Originally Committee on Armed Services, and in addi- temporary suspension of duty on certain Manufactured by Lockheed for the Military tion to the Committee on Foreign Affairs, men’s footwear; to the Committee on Ways as P2V Airplanes [Docket No.: FAA-2012-0107; for a period to be subsequently determined and Means. Directorate Identifier 2012-NM-018-AD; by the Speaker, in each case for consider- By Mr. CARNEY: H.R. 4503. A bill to extend and modify the Amendment 39-16955; AD 2012-03-51] (RIN: ation of such provisions as fall within the ju- temporary suspension of duty on certain 2120-AA64) received March 30, 2012, pursuant risdiction of the committee concerned. men’s footwear; to the Committee on Ways to 5 U.S.C. 801(a)(1)(A); to the Committee on By Mr. MANZULLO: and Means. Transportation and Infrastructure. H.R. 4486. A bill to suspend temporarily the duty on polypropylene fiber with tow bun- By Mr. CARNEY: f dles comprised of 300,000 to 400,000 individual H.R. 4504. A bill to extend and modify the PUBLIC BILLS AND RESOLUTIONS filaments; to the Committee on Ways and temporary suspension of duty on certain Means. women’s footwear; to the Committee on Under clause 2 of rule XII, public By Mr. MANZULLO: Ways and Means. bills and resolutions of the following H.R. 4487. A bill to suspend temporarily the By Mr. CARNEY: titles were introduced and severally re- duty on polyester fiber with tow bundles H.R. 4505. A bill to extend and modify the ferred, as follows: comprised of 300,000 to 400,000 individual fila- temporary suspension of duty on certain ments; to the Committee on Ways and women’s footwear; to the Committee on By Mr. GARDNER (for himself, Mr. Means. Ways and Means. CANSECO, Mr. OLSON, Mr. COFFMAN of By Mrs. BIGGERT: By Mr. COBLE: Colorado, Mrs. BLACKBURN, Mr. JOHN- H.R. 4488. A bill to extend the temporary H.R. 4506. A bill to extend and modify the SON of Ohio, Mr. LANDRY, Mrs. suspension of duty on 2-ethylhexyl (4-chloro- temporary reduction of duty on Metalaxyl-M MCMORRIS RODGERS, Mr. TERRY, and 2-methylphenoxy) acetate; to the Committee and LMetalaxylfenoxam; to the Committee Mr. BERG): on Ways and Means. on Ways and Means. H.R. 4480. A bill to provide for the develop- By Mrs. BIGGERT: By Mr. COBLE: ment of a plan to increase oil and gas explo- H.R. 4489. A bill to suspend temporarily the H.R. 4507. A bill to extend the temporary ration, development, and production under rate of duty on 2-Methyl-2- suspension of duty on Cloquintocet-mexyl; to oil and gas leases of Federal lands under the (methylthio)propanal O-(N- the Committee on Ways and Means. jurisdiction of the Secretary of Agriculture, methylcarbamoyl)oxime; to the Committee By Mr. COBLE: the Secretary of Energy, the Secretary of on Ways and Means. H.R. 4508. A bill to extend and modify the the Interior, and the Secretary of Defense in By Mrs. BIGGERT: temporary suspension of duty on response to a drawdown of petroleum re- H.R. 4490. A bill to extend the temporary Difenoconazole; to the Committee on Ways serves from the Strategic Petroleum Re- suspension of duty on 2-Methyl-4- and Means. serve; to the Committee on Energy and Com- chlorophenoxy-acetic acid, dimethylamine By Mr. COBLE: merce, and in addition to the Committees on salt; to the Committee on Ways and Means. H.R. 4509. A bill to extend the temporary Natural Resources, Agriculture, and Armed By Mrs. BIGGERT: suspension of duty on Benzene, 2,4-dichloro- Services, for a period to be subsequently de- H.R. 4491. A bill to extend the temporary 1,3-dinitro-5-(trifluoromethyl); to the Com- termined by the Speaker, in each case for suspension of duty on 4-(2,4-dichlorophenoxy) mittee on Ways and Means. consideration of such provisions as fall with- butyric acid and 4-(2,4-dichlorophenoxy) bu- By Mr. COBLE: in the jurisdiction of the committee con- tyric acid, dimethylamine salt; to the Com- H.R. 4510. A bill to extend the temporary cerned. mittee on Ways and Means. suspension of duty on Cyprodinil; to the By Mr. ROE of Tennessee: By Mrs. BIGGERT: Committee on Ways and Means. H.R. 4481. A bill to amend title 38, United H.R. 4492. A bill to extend the temporary By Mr. COBLE: States Code, to direct the Secretary of Vet- suspension of duty on MCPB Acid and MCPB H.R. 4511. A bill to extend the temporary erans Affairs to ensure that Department of Sodium Salt; to the Committee on Ways and suspension of duty on Trinexapac-ethyl; to Veterans Affairs employees who violate cer- Means. the Committee on Ways and Means. tain civil laws do not receive bonuses; to the By Mrs. BIGGERT: By Mr. COBLE: Committee on Veterans’ Affairs. H.R. 4493. A bill to extend the temporary H.R. 4512. A bill to extend the temporary By Mr. MILLER of Florida: suspension of duty on Bromoxynil Octa- suspension of duty on certain mixtures of H.R. 4482. A bill to amend title 38, United noate; to the Committee on Ways and Means. cyhalothrin; to the Committee on Ways and States Code, to make permanent home loan By Mrs. BIGGERT: Means. guaranty programs for veterans regarding H.R. 4494. A bill to extend the temporary By Mr. COBLE: adjustable rate mortgages and hybrid adjust- suspension of duty on triphenyltin hydrox- H.R. 4513. A bill to extend the temporary able rate mortgages; to the Committee on ide; to the Committee on Ways and Means. suspension of duty on certain formulations Veterans’ Affairs. By Mrs. BIGGERT: of Thiamethoxam, Difenoconazole, By Ms. EDDIE BERNICE JOHNSON of H.R. 4495. A bill to extend the temporary Fludioxinil and Mefenoxam; to the Com- Texas (for herself, Ms. WILSON of suspension of duty on dichlorprop-p acid, mittee on Ways and Means.

VerDate Mar 15 2010 04:48 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\L24AP7.000 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2065 By Mr. COBLE: By Mr. COURTNEY: ment tow; to the Committee on Ways and H.R. 4514. A bill to extend the temporary H.R. 4532. A bill to extend the temporary Means. suspension of duty on certain mixtures of reduction of duty on yarn of carded hair of By Mr. JONES: Difenoconazole and Mefenoxam; to the Com- Kashmir (cashmere) goats, of yarn count less H.R. 4552. A bill to extend the temporary mittee on Ways and Means. than 19.35 metric, not put up for retail sale; suspension of duty on certain acrylic or By Mr. COBLE: to the Committee on Ways and Means. modacrylic staple fibers; to the Committee H.R. 4515. A bill to extend the temporary By Mr. COURTNEY: on Ways and Means. suspension of duty on Mucochloric acid; to H.R. 4533. A bill to extend the temporary By Mr. JONES: the Committee on Ways and Means. reduction of duty on yarn of carded camel H.R. 4553. A bill to suspend temporarily the By Mr. COBLE: hair; to the Committee on Ways and Means. duty on certain acrylic filament tow; to the H.R. 4516. A bill to extend the temporary By Mr. COURTNEY: Committee on Ways and Means. suspension of duty on Methidathion; to the H.R. 4534. A bill to extend the temporary By Mr. JONES: Committee on Ways and Means. suspension of duty on biaxially oriented H.R. 4554. A bill to extend the temporary By Mr. COBLE: polypropylene film; to the Committee on suspension of duty on certain modacrylic H.R. 4517. A bill to extend the temporary Ways and Means. staple fibers; to the Committee on Ways and suspension of duty on 4-Chloro-3,5-dinitro-,,- By Mr. COURTNEY: Means. trifluorotoluene; to the Committee on Ways H.R. 4535. A bill to suspend temporarily the By Mr. KINZINGER of Illinois: H.R. 4555. A bill to suspend temporarily the and Means. duty on thermoplastic biodegradable poly- duty on Penthiopyrad technical; to the Com- By Mr. COBLE: mer blend; to the Committee on Ways and mittee on Ways and Means. H.R. 4518. A bill to suspend temporarily the Means. duty on certain mixtures of Azoxystrobin; to By Mr. KINZINGER of Illinois: By Mrs. ELLMERS: H.R. 4556. A bill to suspend temporarily the the Committee on Ways and Means. H.R. 4536. A bill to extend the temporary duty on 4,6-dimethyl-2-pyrimidinamine; to By Mr. COBLE: suspension of duty on 2-Chlorobenzyl chlo- the Committee on Ways and Means. H.R. 4519. A bill to extend and modify the ride; to the Committee on Ways and Means. By Mr. KINZINGER of Illinois: temporary reduction of duty on By Mrs. ELLMERS: H.R. 4557. A bill to extend the temporary Azoxystrobin; to the Committee on Ways H.R. 4537. A bill to suspend temporarily the suspension of duty on carbamic acid; to the and Means. duty on Methyl 2-[(4-methyl-5-oxo-3-propoxy- Committee on Ways and Means. By Mr. COBLE: 4,5-dihydro-[1,2,4]triazole-1-car- By Mr. KINZINGER of Illinois: H.R. 4520. A bill to extend the temporary bonyl)sulfamoyl]benzoate, sodium salt; to H.R. 4558. A bill to extend and modify the suspension of duty on 2-Chloro-6- the Committee on Ways and Means. temporarily suspension of duty on Fluorobenzyl Chloride; to the Committee on By Mrs. ELLMERS: Bifenthrin; to the Committee on Ways and Ways and Means. H.R. 4538. A bill to extend the temporary Means. By Mr. COURTNEY: suspension of duty on Permethrin; to the By Mr. KINZINGER of Illinois: H.R. 4521. A bill to suspend temporarily the Committee on Ways and Means. H.R. 4559. A bill to suspend temporarily the duty on thermoplastic biodegradable poly- By Mrs. ELLMERS: duty on Carbofuran technical; to the Com- mer blend; to the Committee on Ways and H.R. 4539. A bill to suspend temporarily the mittee on Ways and Means. Means. duty on Tungsten carbide; to the Committee By Mr. KINZINGER of Illinois: By Mr. COURTNEY: on Ways and Means. H.R. 4560. A bill to suspend temporarily the H.R. 4522. A bill to suspend temporarily the By Mrs. ELLMERS: duty on Carbosulfan technical; to the Com- duty on thermoplastic biodegradable poly- H.R. 4540. A bill to suspend temporarily the mittee on Ways and Means. mer blend; to the Committee on Ways and duty on Tungsten concentrate; to the Com- By Mr. LUETKEMEYER: Means. mittee on Ways and Means. H.R. 4561. A bill to reduce temporarily the By Mr. COURTNEY: By Mrs. ELLMERS: duty on 5-Methylpyridine-2,3-dicarboxylic H.R. 4523. A bill to extend the temporary H.R. 4541. A bill to suspend temporarily the acid; to the Committee on Ways and Means. reduction of duty on yarn of combed cash- duty on Tungsten oxide; to the Committee By Mr. LUETKEMEYER: mere or yarn of camel hair; to the Com- on Ways and Means. H.R. 4562. A bill to extend the suspension of mittee on Ways and Means. By Mr. JONES: duty on 2-Acetylnicotinic acid; to the Com- By Mr. COURTNEY: H.R. 4542. A bill to extend the temporary mittee on Ways and Means. H.R. 4524. A bill to extend the temporary suspension of duty on certain modacrylic By Mr. LUETKEMEYER: reduction of duty on yarn of carded cash- staple fibers; to the Committee on Ways and H.R. 4563. A bill to extend the suspension of mere 19.35 metric yarn count or higher; to Means. duty on mixtures of 2-amino-2,3- the Committee on Ways and Means. By Mr. JONES: dimethylbutanenitrile and toluene; to the By Mr. COURTNEY: H.R. 4543. A bill to extend the temporary Committee on Ways and Means. H.R. 4525. A bill to extend the temporary suspension of duty on certain acrylic staple By Mr. LUETKEMEYER: reduction of duty on camel hair, processed fibers; to the Committee on Ways and Means. H.R. 4564. A bill to extend the suspension of beyond the degreased or carbonized condi- By Mr. JONES: duty on 3,5-Difluoroaniline; to the Com- tion; to the Committee on Ways and Means. H.R. 4544. A bill to extend the temporary mittee on Ways and Means. By Mr. COURTNEY: suspension of duty on certain acrylic staple By Mr. LUETKEMEYER: H.R. 4565. A bill to extend the suspension of H.R. 4526. A bill to extend the temporary fibers; to the Committee on Ways and Means. duty on Methyl methoxyacetate; to the Com- reduction of duty on waste of camel hair; to By Mr. JONES: the Committee on Ways and Means. H.R. 4545. A bill to extend the temporary mittee on Ways and Means. By Mr. COURTNEY: suspension of duty on certain acrylic staple By Mr. LUETKEMEYER: H.R. 4566. A bill to modify and extend the H.R. 4527. A bill to extend the temporary fibers; to the Committee on Ways and Means. reduction of duty on Diethyl ketone; to the reduction of duty on camel hair, carded or By Mr. JONES: Committee on Ways and Means. combed; to the Committee on Ways and H.R. 4546. A bill to extend the temporary By Mr. LUETKEMEYER: Means. suspension of duty on certain acrylic staple H.R. 4567. A bill to suspend temporarily the By Mr. COURTNEY: fibers; to the Committee on Ways and Means. duty on Oxalic acid, dimethyl ester (DMO); H.R. 4528. A bill to extend the temporary By Mr. JONES: to the Committee on Ways and Means. reduction of duty on woven fabrics con- H.R. 4547. A bill to extend the temporary By Mr. LUETKEMEYER: taining 85 percent or more by weight of vi- suspension of duty on certain acrylic fila- H.R. 4568. A bill to suspend temporarily the cuna hair; to the Committee on Ways and ment tow; to the Committee on Ways and duty on Oxalic acid, diethyl ester (DEO); to Means. Means. the Committee on Ways and Means. By Mr. COURTNEY: By Mr. JONES: By Mr. LUETKEMEYER: H.R. 4529. A bill to extend the temporary H.R. 4548. A bill to extend the temporary H.R. 4569. A bill to reduce temporarily the reduction of duty on camel hair, not proc- suspension of duty on certain acrylic fila- duty on Carbamic acid, [4-chloro-2-fluoro-5- essed in any manner beyond the degreased or ment tow; to the Committee on Ways and [[[[methyl(1-methylethyl carbonized condition; to the Committee on Means. amino]sulfonyl]amino]carbonyl]phenyl]-, Ways and Means. By Mr. JONES: ethyl ester (PCM); to the Committee on By Mr. COURTNEY: H.R. 4549. A bill to extend the temporary Ways and Means. H.R. 4530. A bill to extend the temporary suspension of duty on certain acrylic fiber By Mr. LUETKEMEYER: reduction of duty on noils of camel hair; to tow; to the Committee on Ways and Means. H.R. 4570. A bill to suspend temporarily the the Committee on Ways and Means. By Mr. JONES: duty on Ethyl 3-amino-4,4,4- By Mr. COURTNEY: H.R. 4550. A bill to extend the temporary trifluorocrotonate; to the Committee on H.R. 4531. A bill to extend the temporary suspension of duty on certain acrylic staple Ways and Means. reduction of duty on fine animal hair of fibers; to the Committee on Ways and Means. By Mr. LUETKEMEYER: Kashmir (cashmere) goats, processed beyond By Mr. JONES: H.R. 4571. A bill to reduce temporarily the the degreased or carbonized condition; to the H.R. 4551. A bill to extend the temporary duty on 5-Ethylpyridine-2,3-dicarboxylic Committee on Ways and Means. suspension of duty on certain acrylic fila- acid; to the Committee on Ways and Means.

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By Mr. LUETKEMEYER: By Mrs. MYRICK: By Mr. RIBBLE (for himself, Mr. ISSA, H.R. 4572. A bill to suspend temporarily the H.R. 4590. A bill to suspend temporarily the Mr. JORDAN, Mr. CARTER, Mr. CON- duty on Dinotefuran; to the Committee on duty on certain window shade material; to AWAY, Mr. PAUL, and Mr. JONES): Ways and Means. the Committee on Ways and Means. H.R. 4607. A bill to ensure economy and ef- By Mr. LUETKEMEYER: By Mrs. MYRICK: ficiency of Federal Government operations H.R. 4573. A bill to extend and modify the H.R. 4591. A bill to suspend temporarily the by establishing a moratorium on midnight reduction of duty on Bentazon, sodium salt; duty on certain window shade material; to rules during a President’s final days in of- to the Committee on Ways and Means. the Committee on Ways and Means. fice, and for other purposes; to the Com- By Mr. LUETKEMEYER: By Mrs. MYRICK: mittee on Oversight and Government Re- H.R. 4574. A bill to modify and extend the H.R. 4592. A bill to extend the suspension of form, and in addition to the Committee on temporary reduction of duty on AE 0172747 duty on Chloroacetic acid, sodium salt; to the Judiciary, for a period to be subse- Ether; to the Committee on Ways and the Committee on Ways and Means. quently determined by the Speaker, in each Means. By Mrs. MYRICK: case for consideration of such provisions as By Mr. LUETKEMEYER: H.R. 4593. A bill to extend the suspension of fall within the jurisdiction of the committee H.R. 4575. A bill to modify and extend the duty on acetyl chloride; to the Committee on concerned. temporary reduction of duty on Isoxaflutole; Ways and Means. By Mr. RIGELL (for himself and Mr. to the Committee on Ways and Means. By Mrs. MYRICK: SCOTT of Virginia): By Mr. LUETKEMEYER: H.R. 4594. A bill to suspend temporarily the H.R. 4608. A bill to amend title 10, United H.R. 4576. A bill to modify and extend the duty on Octanoyl chloride; to the Committee States Code, to improve oversight and ac- temporary reduction of duty on on Ways and Means. countability for military housing projects Clothianidin; to the Committee on Ways and By Mrs. MYRICK: carried out using the alternative authority Means. H.R. 4595. A bill to extend the suspension of provided by subchapter IV of chapter 169 of By Mr. LUETKEMEYER: duty on Glyoxylic Acid; to the Committee on such title; to the Committee on Armed Serv- H.R. 4577. A bill to extend and modify the Ways and Means. ices. temporary reduction of duty on mixtures By Mrs. MYRICK: By Ms. LINDA T. SA´ NCHEZ of Cali- containing Isoxaflutole and Cyprosulfamide; H.R. 4596. A bill to extend the suspension of fornia (for herself, Mr. ACKERMAN, to the Committee on Ways and Means. duty on sodium petroleum sulfonic acids, so- Mr. BACA, Ms. BALDWIN, Ms. BASS of By Mr. LUETKEMEYER: dium salts; to the Committee on Ways and California, Ms. BERKLEY, Mr. BER- H.R. 4578. A bill to supsend temporarily the Means. MAN, Mr. BLUMENAUER, Mr. BRADY of duty on Triadimefon; to the Committee on By Mrs. MYRICK: Pennsylvania, Mr. BRALEY of Iowa, Ways and Means. H.R. 4597. A bill to suspend temporarily the Mrs. CAPPS, Mr. CAPUANO, Mr. CARNA- By Mr. LUETKEMEYER: duty on Mixtures of HAN, Ms. CASTOR of Florida, Ms. CHU, H.R. 4579. A bill to suspend temporarily the tetraacetylethylenediamine with extenders Mr. CICILLINE, Ms. CLARKE of New duty on mixtures containing and additives; to the Committee on Ways York, Mr. CLAY, Mr. COURTNEY, Mr. Thiencarbazone-methyl, Isoxadifen-ethyl, and Means. CROWLEY, Mrs. DAVIS of California, and Tembotrione; to the Committee on Ways By Mrs. MYRICK: Ms. DEGETTE, Ms. DELAURO, Mr. and Means. H.R. 4598. A bill to suspend temporarily the DEUTCH, Mr. DOYLE, Mr. ELLISON, Mr. By Mr. LUETKEMEYER: duty on 1-Propanonesulfonic acid, 2-methyl- ENGEL, Ms. ESHOO, Mr. FARR, Mr. H.R. 4580. A bill to suspend temporarily the 2-[(1-oxo-2-propenyl)amino]-, monoammon- FILNER, Mr. FRANK of Massachusetts, duty on mixtures containing Trifloxystrobin, ium salt, polymer with 1-ethenyl-2- Mr. GRIJALVA, Mr. GUTIERREZ, Ms. Clothianidin, Carboxin, and Metalaxyl; to pyrrolidinone; to the Committee on Ways HAHN, Ms. HANABUSA, Mr. HIGGINS, the Committee on Ways and Means. and Means. Mr. HIMES, Mr. HINCHEY, Mr. HOLT, By Mr. LUETKEMEYER: By Mrs. MYRICK: Mr. HONDA, Mr. ISRAEL, Mr. JACKSON H.R. 4581. A bill to reduce temporarily the H.R. 4599. A bill to extend the suspension of of Illinois, Mr. KEATING, Mr. KUCI- duty on 5-Methylpyridine-2,3-dicarboxylic duty on esters and sodium esters of NICH, Mr. LANGEVIN, Mr. LARSEN of acid dimethyl ester; to the Committee on parahydroxybenzoic acid; to the Committee Washington, Ms. LEE of California, Ways and Means. on Ways and Means. Mr. LEWIS of Georgia, Ms. ZOE LOF- By Mrs. MYRICK: By Mrs. MYRICK: H.R. 4582. A bill to extend the suspension of H.R. 4600. A bill to suspend temporarily the GREN of California, Mrs. LOWEY, Mrs. duty on staple fibers of viscose rayon, not duty on Ammonium polyacryloyldimethyl MALONEY, Ms. MATSUI, Ms. MCCOL- carded, combed, or otherwise processed for taurate; to the Committee on Ways and LUM, Mr. MCDERMOTT, Mr. MCGOV- spinning; to the Committee on Ways and Means. ERN, Mr. MICHAUD, Mr. GEORGE MIL- Means. By Mrs. MYRICK: LER of California, Ms. MOORE, Mr. By Mrs. MYRICK: H.R. 4601. A bill to extend the suspension of MORAN, Mr. MURPHY of Connecticut, H.R. 4583. A bill to extend the suspension of duty on Isobutyl 4-hydroxybenzoate and its Mrs. NAPOLITANO, Ms. NORTON, Mr. duty on staple fibers of viscose rayon, not sodium salt; to the Committee on Ways and OLVER, Mr. PALLONE, Mr. PASCRELL, carded, combed or otherwise processed for Means. Mr. PETERS, Ms. PINGREE of Maine, spinning; to the Committee on Ways and By Mrs. MYRICK: Mr. POLIS, Mr. QUIGLEY, Mr. RANGEL, Means. H.R. 4602. A bill to extend the suspension of Ms. RICHARDSON, Mr. ROTHMAN of By Mrs. MYRICK: duty on filament tow of rayon; to the Com- New Jersey, Ms. ROYBAL-ALLARD, Mr. H.R. 4584. A bill to extend the suspension of mittee on Ways and Means. RYAN of Ohio, Ms. LORETTA SANCHEZ duty on staple fibers of rayon, carded, By Mrs. MYRICK: of California, Mr. SARBANES, Ms. combed, or otherwise processed for spinning; H.R. 4603. A bill to extend the suspension of SCHAKOWSKY, Mr. SCHIFF, Ms. to the Committee on Ways and Means. duty on staple fibers of viscose rayon, not SCHWARTZ, Mr. SERRANO, Mr. SMITH By Mrs. MYRICK: carded, combed, or otherwise processed for of Washington, Ms. SPEIER, Mr. H.R. 4585. A bill to suspend temporarily the spinning; to the Committee on Ways and STARK, Mr. TONKO, Mr. TOWNS, Mr. duty on artificial staple fibers of viscose Means. WALZ of Minnesota, Mr. WAXMAN, Mr. rayon, not carded, combed or otherwise proc- By Ms. NORTON: WELCH, Ms. WOOLSEY, Mr. YARMUTH, essed for spinning; to the Committee on H.R. 4604. A bill to amend the Public Mr. HASTINGS of Florida, Ms. TSON- Ways and Means. Health Service Act to provide for a national GAS, Mr. HEINRICH, Ms. BONAMICI, and By Mrs. MYRICK: program to conduct and support activities Ms. HIRONO): H.R. 4586. A bill to suspend temporarily the toward the goal of significantly reducing the H.R. 4609. A bill to amend title II of the So- duty on artificial staple fibers of viscose number of cases of overweight and obesity cial Security Act to provide for treatment of rayon, not carded, combed or otherwise proc- among individuals in the United States; to permanent partnerships between individuals essed for spinning; to the Committee on the Committee on Energy and Commerce. of the same gender as marriage for purposes Ways and Means. By Mr. PIERLUISI: of determining entitlement to benefits under By Mrs. MYRICK: H.R. 4605. A bill to amend the Internal Rev- such title; to the Committee on Ways and H.R. 4587. A bill to extend the suspension of enue Code of 1986 to extend the eligibility of Means. duty on Reactive Red 266; to the Committee activities in Puerto Rico for the deduction By Mr. SCHOCK: on Ways and Means. for income attributable to domestic produc- H.R. 4610. A bill to extend the temporary By Mrs. MYRICK: tion activities; to the Committee on Ways suspension of duty on 2-methyl-4-methoxy-6- H.R. 4588. A bill to extend the suspension of and Means. methylamino-1,3,5-triazine; to the Com- duty on Reactive Black 005; to the Com- By Mr. REHBERG: mittee on Ways and Means. mittee on Ways and Means. H.R. 4606. A bill to authorize the issuance By Mr. SCHOCK: By Mrs. MYRICK: of right-of-way permits for natural gas pipe- H.R. 4611. A bill to extend the temporary H.R. 4589. A bill to suspend temporarily the lines in Glacier National Park, and for other suspension of duty on 2-amino-4-methoxy-6- duty on Reactive Orange 131; to the Com- purpose; to the Committee on Natural Re- methyl-1,3,5-triazine; to the Committee on mittee on Ways and Means. sources. Ways and Means.

VerDate Mar 15 2010 03:45 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\L24AP7.100 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2067 By Mr. SCHOCK: granted to Congress in the Constitu- Article 1, Section 8, Clause 1 H.R. 4612. A bill to extend the temporary tion to enact the accompanying bill or By Mrs. BIGGERT: suspension of duty on 3-(ethylsulfonyl)-2- joint resolution. H.R. 4494. pyridinesulfonamide; to the Committee on Congress has the power to enact this legis- Ways and Means. By Mr. GARDNER: lation pursuant to the following: By Mr. SCHOCK: H.R. 4480. Article 1, Section 8, Clause 1 H.R. 4613. A bill to suspend temporarily the Congress has the power to enact this legis- By Mrs. BIGGERT: duty on Fluthiacet-methyl technical; to the lation pursuant to the following: H.R. 4495. Committee on Ways and Means. Article IV, Section 3, clause 2 Congress has the power to enact this legis- By Mr. SCHOCK: By Mr. ROE of Tennessee: lation pursuant to the following: H.R. 4614. A bill to extend the suspension of H.R. 4481. Article I, Section 8, Clause 1 duty on Carfentrazone-ethyl and formula- Congress has the power to enact this legis- By Mrs. BIGGERT: tions thereof; to the Committee on Ways and lation pursuant to the following: H.R. 4496. The constitutional authority on which this Means. Congress has the power to enact this legis- bill rests is the power of Congress as stated By Mr. SCHOCK: lation pursuant to the following: H.R. 4615. A bill to extend and modify the in Article I, Section 8, Clause 18 of the Article 1, Section 8, Clause 1 reduction of the duty on Sulfentrazone; to United States Constitution. By Mr. BISHOP of Georgia: the Committee on Ways and Means. By Mr. MILLER of Florida: H.R. 4497. H.R. 4482. By Mr. SCHOCK: Congress has the power to enact this legis- H.R. 4616. A bill to reduce temporarily the Congress has the power to enact this legis- lation pursuant to the following: duty on Pyroxasulfone; to the Committee on lation pursuant to the following: Article I, sec. 8 Article I, section 8 of the Constitution of Ways and Means. By Mr. BISHOP of Georgia: the United States. By Mr. SCHOCK: H.R. 4498. H.R. 4617. A bill to extend the temporary By Ms. EDDIE BERNICE JOHNSON of Congress has the power to enact this legis- suspension of duty on certain used fuel, lu- Texas: lation pursuant to the following: H.R. 4483. bricating, or cooling medium pumps; to the Article I, sec. 8 Congress has the power to enact this legis- Committee on Ways and Means. By Mr. BISHOP of Georgia: lation pursuant to the following: By Mr. SCHOCK: H.R. 4499. Article I, section 8 of the Constitution of H.R. 4618. A bill to extend the temporary Congress has the power to enact this legis- the United States. suspension of duty on certain used compres- lation pursuant to the following: By Mr. CHAFFETZ: sion-ignition internal combustion piston en- Article I, sec. 8 H.R. 4484. gines; to the Committee on Ways and Means. By Mr. BISHOP of Georgia: Congress has the power to enact this legis- H.R. 4500. By Mr. SCHOCK: lation pursuant to the following: H.R. 4619. A bill to extend the temporary Congress has the power to enact this legis- Article IV, Section III, Clause II of the lation pursuant to the following: suspension of duty on certain used gear Constitution. boxes; to the Committee on Ways and Means. Article I, sec. 8 By Mr. CONAWAY: By Mr. BISHOP of Georgia: By Mr. THOMPSON of Mississippi: H.R. 4485. H.R. 4620. A bill to amend title 40, United H.R. 4501. Congress has the power to enact this legis- Congress has the power to enact this legis- States Code, to add certain counties in the lation pursuant to the following: lation pursuant to the following: State of Mississippi to the region rep- This bill is enacted pursuant to the powers Article I, sec. 8 resented by the Appalachian Regional Com- granted to Congress under Article I, Section By Mr. CARNEY: mission; to the Committee on Transpor- 8, Clauses 11, 12, and 13 of the United States H.R. 4502. tation and Infrastructure. Constitution. Congress has the power to enact this legis- By Ms. NORTON (for herself and Mr. By Mr. MANZULLO: lation pursuant to the following: DENHAM): H.R. 4486. Clauses 1 & 3 of Section 8 of Article I of the H. Con. Res. 118. Concurrent resolution au- Congress has the power to enact this legis- Constitution. thorizing the use of the Capitol Grounds for lation pursuant to the following: By Mr. CARNEY: the District of Columbia Special Olympics This bill is enacted pursuant to the power H.R. 4503. Law Enforcement Torch Run; to the Com- granted to Congress under Article I, Section Congress has the power to enact this legis- mittee on Transportation and Infrastruc- 8, Clause 1 and Clause 3 of the United States lation pursuant to the following: ture. Constitution. Clauses 1 & 3 of Section 8 of Article I of the By Mr. CONYERS (for himself and Ms. By Mr. MANZULLO: Constitution. LEE of California): H.R. 4487. By Mr. CARNEY: H. Con. Res. 119. Concurrent resolution ex- Congress has the power to enact this legis- H.R. 4504. pressing the sense of the Congress that invol- lation pursuant to the following: Congress has the power to enact this legis- untary homelessness for families, women, This bill is enacted pursuant to the power lation pursuant to the following: and children in America should be elimi- granted to Congress under Article I, Section Clauses 1 & 3 of Section 8 of Article I of the nated; to the Committee on Financial Serv- 8, Clause 1 and Clause 3 of the United States Constitution. ices. Constitution. By Mr. CARNEY: By Mr. MARKEY (for himself, Mr. By Mrs. BIGGERT: H.R. 4505. SMITH of New Jersey, Mr. BURGESS, H.R. 4488. Congress has the power to enact this legis- Mr. TOWNS, Mr. GRIJALVA, Ms. Congress has the power to enact this legis- lation pursuant to the following: SPEIER, Mr. RANGEL, Mrs. MALONEY, lation pursuant to the following: Clauses 1 & 3 of Section 8 of Article I of the Mr. LEWIS of Georgia, Mr. LEVIN, Mr. Article 1, Section 8, Clause 1 Constitution. RAHALL, and Mr. LOBIONDO): By Mrs. BIGGERT: By Mr. COBLE: H. Con. Res. 120. Concurrent resolution H.R. 4489. H.R. 4506. supporting the goal of preventing and effec- Congress has the power to enact this legis- Congress has the power to enact this legis- tively treating Alzheimer’s disease by the lation pursuant to the following: lation pursuant to the following: year 2025, as articulated in the draft Na- Article I, Section 8, Clause 1 Article 1, Section 8 of the United States tional Plan to Address Alzheimer’s Disease By Mrs. BIGGERT: Constitution. from the Department of Health and Human H.R. 4490. By Mr. COBLE: Services; to the Committee on Energy and Congress has the power to enact this legis- H.R. 4507. Commerce. lation pursuant to the following: Congress has the power to enact this legis- By Mr. GOSAR: Article 1, Section 8, Clause 1 lation pursuant to the following: H. Res. 630. A resolution expressing support By Mrs. BIGGERT: Article 1, Section 8 of the United States for Israel and its right to self-defense against H.R. 4491. Constitution. the illegal nuclear program by the Islamic Congress has the power to enact this legis- By Mr. COBLE: Republic of Iran; to the Committee on For- lation pursuant to the following: H.R. 4508. eign Affairs. Article 1, Section 8, Clause 1 Congress has the power to enact this legis- f By Mrs. BIGGERT: lation pursuant to the following: H.R. 4492. Article 1, Section 8 of the United States CONSTITUTIONAL AUTHORITY Congress has the power to enact this legis- Constitution. STATEMENT lation pursuant to the following: By Mr. COBLE: Article 1, Section 8, Clause 1 H.R. 4509. Pursuant to clause 7 of rule XII of By Mrs. BIGGERT: Congress has the power to enact this legis- the Rules of the House of Representa- H.R. 4493. lation pursuant to the following: tives, the following statements are sub- Congress has the power to enact this legis- Article 1, Section 8 of the United States mitted regarding the specific powers lation pursuant to the following: Constitution.

VerDate Mar 15 2010 03:45 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\L24AP7.100 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2068 CONGRESSIONAL RECORD — HOUSE April 24, 2012 By Mr. COBLE: Article I, Section 8, Clause 3 (the power to Taxes, Duties, Imposts and Excises, to pay H.R. 4510. regulate commerce with foreign nations). the Debts and provide for the common Congress has the power to enact this legis- By Mr. COURTNEY: Defence and general Welfare of the United lation pursuant to the following: H.R. 4525. States; but all Duties, Imposts and Excises Article 1, Section 8 of the United States Congress has the power to enact this legis- shall be uniform throughout the United Constitution. lation pursuant to the following: States; By Mr. COBLE: Article I, Section 8, Clause 3 (the power to By extension of this Clause, Congress may H.R. 4511. regulate commerce with foreign nations). also set the level of said duties including Congress has the power to enact this legis- By Mr. COURTNEY: lowering them to zero where warranted. lation pursuant to the following: H.R. 4526. By Mrs. ELLMERS: Article 1, Section 8 of the United States Congress has the power to enact this legis- H.R. 4538. Constitution. lation pursuant to the following: Congress has the power to enact this legis- By Mr. COBLE: Article I, Section 8, Clause 3 (the power to lation pursuant to the following: H.R. 4512. regulate commerce with foreign nations). Article. I. Section. 8. Clause 1. The Con- Congress has the power to enact this legis- By Mr. COURTNEY: gress shall have Power To lay and collect lation pursuant to the following: H.R. 4527. Taxes, Duties, Imposts and Excises, to pay Article 1, Section 8 of the United States Congress has the power to enact this legis- the Debts and provide for the common Constitution. lation pursuant to the following: Defence and general Welfare of the United By Mr. COBLE: Article I, Section 8, Clause 3 (the power to States; but all Duties, Imposts and Excises H.R. 4513. regulate commerce with foreign nations). shall be uniform throughout the United Congress has the power to enact this legis- By Mr. COURTNEY: States; lation pursuant to the following: H.R. 4528. By extension of this Clause, Congress may Article 1, Section 8 of the United States Congress has the power to enact this legis- also set the level of said duties including Constitution. lation pursuant to the following: lowering them to zero where warranted. By Mr. COBLE: Article I, Section 8, Clause 3 (the power to By Mrs. ELLMERS: H.R. 4514. regulate commerce with foreign nations). H.R. 4539. Congress has the power to enact this legis- By Mr. COURTNEY: Congress has the power to enact this legis- lation pursuant to the following: H.R. 4529. lation pursuant to the following: Article 1, Section 8 of the United States Congress has the power to enact this legis- Article. I. Section. 8. Clause 1. The Con- Constitution. lation pursuant to the following: gress shall have Power To lay and collect Article I, Section 8, Clause 3 (the power to By Mr. COBLE: Taxes, Duties, Imposts and Excises, to pay regulate commerce with foreign nations). H.R. 4515. the Debts and provide for the common By Mr. COURTNEY: Congress has the power to enact this legis- Defence and general Welfare of the United H.R. 4530. lation pursuant to the following: States; but all Duties, Imposts and Excises Congress has the power to enact this legis- Article 1, Section 8 of the United States shall be uniform throughout the United Constitution. lation pursuant to the following: Article I, Section 8, Clause 3 (the power to States; By Mr. COBLE: regulate commerce with foreign nations). By extension of the clause, Congress may H.R. 4516. By Mr. COURTNEY: also set the level of said duties including Congress has the power to enact this legis- H.R. 4531. lowering them to zero where warranted. lation pursuant to the following: Congress has the power to enact this legis- By Mrs. ELLMERS: Article 1, Section 8 of the United States lation pursuant to the following: H.R. 4540. Constitution. Article I, Section 8, Clause 3 (the power to Congress has the power to enact this legis- By Mr. COBLE: regulate commerce with foreign nations). lation pursuant to the following: H.R. 4517. By Mr. COURTNEY: Article. I. Section. 8. Clause 1. The Con- Congress has the power to enact this legis- H.R. 4532. gress shall have Power To lay and collect. lation pursuant to the following: Congress has the power to enact this legis- Taxes, Duties, Imposts and Excises, to pay Article 1, Section 8 of the United States lation pursuant to the following: the Debts and provide for the common Constitution. Article I, Section 8, Clause 3 (the power to Defence and general Welfare of the United By Mr. COBLE: regulate commerce with foreign nations). States; but all Duties, Imposts and Excises H.R. 4518. By Mr. COURTNEY: shall be uniform throughout the United Congress has the power to enact this legis- H.R. 4533. States; lation pursuant to the following: Congress has the power to enact this legis- By extension of the clause, Congress may Article 1, Section 8 of the United States lation pursuant to the following: also set the level of said duties including Constitution. Article I, Section 8, Clause 3 (the power to lowering them to zero where warranted. By Mr. COBLE: regulate commerce with foreign nations). By Mrs. ELLMERS: H.R. 4519. By Mr. COURTNEY: H.R. 4541. Congress has the power to enact this legis- H.R. 4534. 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 1, Section 8 of the United States lation pursuant to the following: Article I, Section 8, Clause 1. The Congress Constitution. Article I, Section 8, Clause 3 (the power to shall have Power To lay and collect Taxes, By Mr. COBLE: regulate commerce with foreign nations). Duties, Imposts and Excises, to pay the H.R. 4520. By Mr. COURTNEY: Debts and provide for the common Defence Congress has the power to enact this legis- H.R. 4535. and general Welfare of the United States; but lation pursuant to the following: Congress has the power to enact this legis- all Duties, Imposts and Excises shall be uni- Article 1, Section 8 of the United States lation pursuant to the following: form throughout the United States; Constitution. Article I, Section 8, Clause 3 (the power to By extension of the clause, Congress may By Mr. COURTNEY: regulate commerce with foreign nations). also set the level of said duties including H.R. 4521. By Mrs. ELLMERS: lowering them to zero where warranted. Congress has the power to enact this legis- H.R. 4536. By Mr. JONES: lation pursuant to the following: Congress has the power to enact this legis- H.R. 4542. Article I, Section 8, Clause 3 (the power to lation pursuant to the following: Congress has the power to enact this legis- regulate commerce with foreign nations). Article. I. Section. 8. Clause 1. The Con- lation pursuant to the following: By Mr. COURTNEY: gress shall have Power To lay and collect Article I, Section 8 of the U.S. Constitu- H.R. 4522. Taxes, Duties, Imposts and Excises, to pay tion, which gives Congress the ‘‘Power to lay Congress has the power to enact this legis- the Debts and provide for the common and collect Taxes, Duties, Imposts and Ex- lation pursuant to the following: Defence and general Welfare of the United cises,’’ and to ‘‘regulate Commerce with for- Article I, Section 8, Clause 3 (the power to States; but all Duties, Imposts and Excises eign nations’’. regulate commerce with foreign nations). shall be uniform throughout the United By Mr. JONES: By Mr. COURTNEY: States; H.R. 4543. H.R. 4523. By extension of this Clause, Congress may Congress has the power to enact this legis- Congress has the power to enact this legis- also set the level of said duties including lation pursuant to the following: lation pursuant to the following: lowering them to zero where warranted. Article I, Section 8 of the U.S. Constitu- Article I, Section 8, Clause 3 (the power to By Mrs. ELLMERS: tion, which gives Congress the ‘‘Power to lay regulate commerce with foreign nations). H.R. 4537. and collect Taxes, Duties, Imposts and Ex- By Mr. COURTNEY: Congress has the power to enact this legis- cises,’’ and to ‘‘regulate Commerce with for- H.R. 4524. lation pursuant to the following: eign nations’’. Congress has the power to enact this legis- Article. I. Section. 8. Clause 1. The Con- By Mr. JONES: lation pursuant to the following: gress shall have Power To lay and collect H.R. 4544.

VerDate Mar 15 2010 04:43 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.033 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2069 Congress has the power to enact this legis- By Mr. JONES: The constitutional authority on which this lation pursuant to the following: H.R. 4554. bill rests is the explicit power of Congress to Article I, Section 8 of the U.S. Constitu- Congress has the power to enact this legis- regulate commerce in and among the states, tion, which gives Congress the ‘‘Power to lay lation pursuant to the following: as enumerate in Article 1, Section 8, Clause and collect Taxes, Duties, Imposts and Ex- Article I, Section 8 of the U.S. Constitu- 3, the Commerce Clause, of the United States cises,’’ and to ‘‘regulate Commerce with for- tion, which gives Congress the ‘‘Power to lay Constitution. eign nations’’. and collect Taxes, Duties, Imposts and Ex- By Mr. LUETKEMEYER: By Mr. JONES: cises,’’ and to ‘‘regulate Commerce with for- H.R. 4566. H.R. 4545. eign nations’’. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. KINZINGER of Illinois: lation pursuant to the following: lation pursuant to the following: H.R. 4555. The constitutional authority on which this Article I, Section 8 of the U.S. Constitu- Congress has the power to enact this legis- bill rests is the explicit power of Congress to tion, which gives Congress the ‘‘Power to lay lation pursuant to the following: regulate commerce in and among the states, and collect Taxes, Duties, Imposts and Ex- According to Article I, Section 8, Clause 1 as enumerate in Article 1, Section 8, Clause cises,’’ and to ‘‘regulate Commerce with for- of the Constitution 3, the Commerce Clause, of the United States eign nations’’. By Mr. KINZINGER of Illinois: Constitution. By Mr. JONES: H.R. 4556. By Mr. LUETKEMEYER: H.R. 4546. Congress has the power to enact this legis- H.R. 4567. 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: According to Article I, Section 8, Clause 1 lation pursuant to the following: Article I, Section 8 of the U.S. Constitu- of the Constitution The constitutional authority on which this tion, which gives Congress the ‘‘Power to lay By Mr. KINZINGER of Illinois: bill rests is the explicit power of Congress to and collect Taxes, Duties, Imposts and Ex- H.R. 4557. regulate commerce in and among the states, cises,’’ and to ‘‘regulate Commerce with for- Congress has the power to enact this legis- as enumerate in Article 1, Section 8, Clause eign nations’’. lation pursuant to the following: 3, the Commerce Clause, of the United States By Mr. JONES: According to Article I, Section 8, Clause 1 Constitution. H.R. 4547. of the Constitution By Mr. LUETKEMEYER: Congress has the power to enact this legis- By Mr. KINZINGER of Illinois: H.R. 4568. lation pursuant to the following: H.R. 4558. Congress has the power to enact this legis- Article I, Section 8 of the U.S. Constitu- Congress has the power to enact this legis- lation pursuant to the following: tion, which gives Congress the ‘‘Power to lay lation pursuant to the following: The constitutional authority on which this According to Article I, Section 8, Clause 1 and collect Taxes, Duties, Imposts and Ex- bill rests is the explicit power of Congress to of the Constitution cises,’’ and to ‘‘regulate Commerce with for- regulate commerce in and among the states, By Mr. KINZINGER of Illinois: eign nations’’. as enumerate in Article 1, Section 8, Clause H.R. 4559. By Mr. JONES: 3, the Commerce Clause, of the United States Congress has the power to enact this legis- H.R. 4548. Constitution. lation pursuant to the following: Congress has the power to enact this legis- By Mr. LUETKEMEYER: According to Article I, Section 8, Clause 1 lation pursuant to the following: H.R. 4569. of the Constitution Article I, Section 8 of the U.S. Constitu- Congress has the power to enact this legis- By Mr. KINZINGER of Illinois: lation pursuant to the following: tion, which gives Congress the ‘‘Power to lay H.R. 4560. and collect Taxes, Duties, Imposts and Ex- Congress has the power to enact this legis- The constitutional authority on which this cises,’’ and to ‘‘regulate Commerce with for- lation pursuant to the following: bill rests is the explicit power of Congress to eign nations’’. According to Article I, Section 8, Clause 1 regulate commerce in and among the states, By Mr. JONES: of the Constitution as enumerate in Article 1, Section 8, Clause H.R. 4549. By Mr. LUETKEMEYER: 3, the Commerce Clause, of the United States Congress has the power to enact this legis- H.R. 4561. Constitution. lation pursuant to the following: Congress has the power to enact this legis- By Mr. LUETKEMEYER: Article I, Section 8 of the U.S. Constitu- lation pursuant to the following: H.R. 4570. tion, which gives Congress the ‘‘Power to lay The constitutional authority on which this Congress has the power to enact this legis- and collect Taxes, Duties, Imposts and Ex- bill rests is the explicit power of Congress to lation pursuant to the following: cises,’’ and to ‘‘regulate Commerce with for- regulate commerce in and among the states, The constitutional authority on which this eign nations’’. as enumerate in Article 1, Section 8, Clause bill rests is the explicit power of Congress to By Mr. JONES: 3, the Commerce Clause, of the United States regulate commerce in and among the states, H.R. 4550. Constitution. as enumerate in Article 1, Section 8, Clause Congress has the power to enact this legis- By Mr. LUETKEMEYER: 3, the Commerce Clause, of the United States lation pursuant to the following: H.R. 4562. Constitution. Article I, Section 8 of the U.S. Constitu- Congress has the power to enact this legis- By Mr. LUETKEMEYER: tion, which gives Congress the ‘‘Power to lay lation pursuant to the following: H.R. 4571. and collect Taxes, Duties, Imposts and Ex- The constitutional authority on which this Congress has the power to enact this legis- cises,’’ and to ‘‘regulate Commerce with for- bill rests is the explicit power of Congress to lation pursuant to the following: eign nations’’. regulate commerce in and among the states, The constitutional authority on which this By Mr. JONES: as enumerate in Article 1, Section 8, Clause bill rests is the explicit power of Congress to H.R. 4551. 3, the Commerce Clause, of the United States regulate commerce in and among the states, Congress has the power to enact this legis- Constitution. as enumerate in Article 1, Section 8, Clause lation pursuant to the following: By Mr. LUETKEMEYER: 3, the Commerce Clause, of the United States Article I, Section 8 of the U.S. Constitu- H.R. 4563. Constitution. tion, which gives Congress the ‘‘Power to lay Congress has the power to enact this legis- By Mr. LUETKEMEYER: and collect Taxes, Duties, Imposts and Ex- lation pursuant to the following: H.R. 4572. cises,’’ and to ‘‘regulate Commerce with for- The constitutional authority on which this Congress has the power to enact this legis- eign nations’’. bill rests is the explicit power of Congress to lation pursuant to the following: By Mr. JONES: regulate commerce in and among the states, The constitutional authority on which this H.R. 4552. as enumerate in Article 1, Section 8, Clause bill rests is the explicit power of Congress to Congress has the power to enact this legis- 3, the Commerce Clause, of the United States regulate commerce in and among the states, lation pursuant to the following: Constitution. as enumerate in Article 1, Section 8, Clause Article I, Section 8 of the U.S. Constitu- By Mr. LUETKEMEYER: 3, the Commerce Clause, of the United States tion, which gives Congress the ‘‘Power to lay H.R. 4564. Constitution. and collect Taxes, Duties, Imposts and Ex- Congress has the power to enact this legis- By Mr. LUETKEMEYER: cises,’’ and to ‘‘regulate Commerce with for- lation pursuant to the following: H.R. 4573. eign nations’’. The constitutional authority on which this Congress has the power to enact this legis- By Mr. JONES: bill rests is the explicit power of Congress to lation pursuant to the following: H.R. 4553. regulate commerce in and among the states, The constitutional authority on which this Congress has the power to enact this legis- as enumerate in Article 1, Section 8, Clause bill rests is the explicit power of Congress to lation pursuant to the following: 3, the Commerce Clause, of the United States regulate commerce in and among the states, Article I, Section 8 of the U.S. Constitu- Constitution. as enumerate in Article 1, Section 8, Clause tion, which gives Congress the ‘‘Power to lay By Mr. LUETKEMEYER: 3, the Commerce Clause, of the United States and collect Taxes, Duties, Imposts and Ex- H.R. 4565. Constitution. cises,’’ and to ‘‘regulate Commerce with for- Congress has the power to enact this legis- By Mr. LUETKEMEYER: eign nations’’. lation pursuant to the following: H.R. 4574.

VerDate Mar 15 2010 03:45 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.028 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE H2070 CONGRESSIONAL RECORD — HOUSE April 24, 2012 Congress has the power to enact this legis- United States; but all Duties and Imposts to pay the Debts, and provide for the com- lation pursuant to the following: and Excises shall be uniform throughout the mon Defense and General Welfare of the The constitutional authority on which this United States.’ United States; but all Duties and Imposts bill rests is the explicit power of Congress to By Mrs. MYRICK: and Excises shall be uniform throughout the regulate commerce in and among the states, H.R. 4583. United States.’ as enumerate in Article 1, Section 8, Clause Congress has the power to enact this legis- By Mrs. MYRICK: 3, the Commerce Clause, of the United States lation pursuant to the following: H.R. 4590. Constitution. Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- By Mr. LUETKEMEYER: United States Constitution which reads: lation pursuant to the following: H.R. 4575. ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads: lation pursuant to the following: to pay the Debts, and provide for the com- ‘‘The Congress shall have Power to lay and The constitutional authority on which this mon Defense and General Welfare of the collect Taxes, Duties, Imposts, and Excises, bill rests is the explicit power of Congress to United States; but all Duties and Imposts to pay the Debts, and provide for the com- regulate commerce in and among the states, and Excises shall be uniform throughout the mon Defense and General Welfare of the as enumerate in Article 1, Section 8, Clause United States.’ United States; but all Duties and Imposts 3, the Commerce Clause, of the United States By Mrs. MYRICK: and Excises shall be uniform throughout the Constitution. H.R. 4584. United States.’ By Mr. LUETKEMEYER: Congress has the power to enact this legis- By Mrs. MYRICK: H.R. 4576. lation pursuant to the following: H.R. 4591. Congress has the power to enact this legis- Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- lation pursuant to the following: United States Constitution which reads: lation pursuant to the following: The constitutional authority on which this ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the bill rests is the explicit power of Congress to collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads: regulate commerce in and among the states, to pay the Debts, and provide for the com- ‘‘The Congress shall have Power to lay and as enumerate in Article 1, Section 8, Clause mon Defense and General Welfare of the collect Taxes, Duties, Imposts, and Excises, 3, the Commerce Clause, of the United States United States; but all Duties and Imposts to pay the Debts, and provide for the com- Constitution. and Excises shall be uniform throughout the mon Defense and General Welfare of the By Mr. LUETKEMEYER: United States.’ United States; but all Duties and Imposts H.R. 4577. By Mrs. MYRICK: and Excises shall be uniform throughout the Congress has the power to enact this legis- H.R. 4585. United States.’ lation pursuant to the following: Congress has the power to enact this legis- By Mrs. MYRICK: The constitutional authority on which this lation pursuant to the following: H.R. 4592. bill rests is the explicit power of Congress to Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- regulate commerce in and among the states, United States Constitution which reads: lation pursuant to the following: as enumerate in Article 1, Section 8, Clause ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the 3, the Commerce Clause, of the United States collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads: ‘‘The Congress shall have Power to lay and Constitution. to pay the Debts, and provide for the com- collect Taxes, Duties, Imposts, and Excises, By Mr. LUETKEMEYER: mon Defense and General Welfare of the to pay the Debts, and provide for the com- H.R. 4578. United States; but all Duties and Imposts Congress has the power to enact this legis- and Excises shall be uniform throughout the mon Defense and General Welfare of the lation pursuant to the following: United States.’ United States; but all Duties and Imposts The constitutional authority on which this By Mrs. MYRICK: and Excises shall be uniform throughout the bill rests is the explicit power of Congress to H.R. 4586. United States.’ Congress has the power to enact this legis- regulate commerce in and among the states, By Mrs. MYRICK: lation pursuant to the following: H.R. 4593. as enumerate in Article 1, Section 8, Clause Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- 3, the Commerce Clause, of the United States United States Constitution which reads: lation pursuant to the following: Constitution. ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the By Mr. LUETKEMEYER: collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads: H.R. 4579. to pay the Debts, and provide for the com- ‘‘The Congress shall have Power to lay and Congress has the power to enact this legis- mon Defense and General Welfare of the collect Taxes, Duties, Imposts, and Excises, lation pursuant to the following: United States; but all Duties and Imposts to pay the Debts, and provide for the com- The constitutional authority on which this and Excises shall be uniform throughout the mon Defense and General Welfare of the bill rests is the explicit power of Congress to United States.’ United States; but all Duties and Imposts regulate commerce in and among the states, By Mrs. MYRICK: and Excises shall be uniform throughout the as enumerate in Article 1, Section 8, Clause H.R. 4587. United States.’ 3, the Commerce Clause, of the United States Congress has the power to enact this legis- By Mrs. MYRICK: Constitution. lation pursuant to the following: H.R. 4594. By Mr. LUETKEMEYER: Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- H.R. 4580. United States Constitution which reads: lation pursuant to the following: Congress has the power to enact this legis- ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the lation pursuant to the following: collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads: The constitutional authority on which this to pay the Debts, and provide for the com- ‘‘The Congress shall have Power to lay and bill rests is the explicit power of Congress to mon Defense and General Welfare of the collect Taxes, Duties, Imposts, and Excises, regulate commerce in and among the states, United States; but all Duties and Imposts to pay the Debts, and provide for the com- as enumerate in Article 1, Section 8, Clause and Excises shall be uniform throughout the mon Defense and General Welfare of the 3, the Commerce Clause, of the United States United States.’ United States; but all Duties and Imposts Constitution. By Mrs. MYRICK: and Excises shall be uniform throughout the By Mr. LUETKEMEYER: H.R. 4588. United States.’ H.R. 4581. Congress has the power to enact this legis- By Mrs. MYRICK: Congress has the power to enact this legis- lation pursuant to the following: H.R. 4595. lation pursuant to the following: Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- The constitutional authority on which this United States Constitution which reads: lation pursuant to the following: bill rests is the explicit power of Congress to ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the regulate commerce in and among the states, collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads: as enumerate in Article 1, Section 8, Clause to pay the Debts, and provide for the com- ‘‘The Congress shall have Power to lay and 3, the Commerce Clause, of the United States mon Defense and General Welfare of the collect Taxes, Duties, Imposts, and Excises, Constitution. United States; but all Duties and Imposts to pay the Debts, and provide for the com- By Mrs. MYRICK: and Excises shall be uniform throughout the mon Defense and General Welfare of the H.R. 4582. United States.’ United States; but all Duties and Imposts Congress has the power to enact this legis- By Mrs. MYRICK: and Excises shall be uniform throughout the lation pursuant to the following: H.R. 4589. United States.’ Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- By Mrs. MYRICK: United States Constitution which reads: lation pursuant to the following: H.R. 4596. ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads: lation pursuant to the following: to pay the Debts, and provide for the com- ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the mon Defense and General Welfare of the collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads:

VerDate Mar 15 2010 03:45 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.037 H24APPT1 jbell on DSK7SPTVN1PROD with HOUSE April 24, 2012 CONGRESSIONAL RECORD — HOUSE H2071 ‘‘The Congress shall have Power to lay and Clause 1, Section 8 of Article 1 of the in Article I, Section 7 and Article I, Section collect Taxes, Duties, Imposts, and Excises, United States Constitution which reads: 8 of the United States Constitution. to pay the Debts, and provide for the com- ‘‘The Congress shall have Power to lay and By Mr. SCHOCK: mon Defense and General Welfare of the collect Taxes, Duties, Imposts, and Excises, H.R. 4611. United States; but all Duties and Imposts to pay the Debts, and provide for the com- Congress has the power to enact this legis- and Excises shall be uniform throughout the mon Defense and General Welfare of the lation pursuant to the following: United States.’ United States; but all Duties and Imposts The constitutional authority on which this By Mrs. MYRICK: and Excises shall be uniform throughout the bill rests is the power of Congress as stated H.R. 4597. United States.’ in Article I, Section 7 and Article I, Section Congress has the power to enact this legis- By Ms. NORTON: 8 of the United States Constitution. lation pursuant to the following: H.R. 4604. By Mr. SCHOCK: Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- H.R. 4612. United States Constitution which reads: lation pursuant to the following: Congress has the power to enact this legis- ‘‘The Congress shall have Power to lay and clause 3 of section 8 of article I of the Con- lation pursuant to the following: collect Taxes, Duties, Imposts, and Excises, stitution. The constitutional authority on which this to pay the Debts, and provide for the com- By Mr. PIERLUISI: bill rests is the power of Congress as stated mon Defense and General Welfare of the H.R. 4605. in Article I, Section 7 and Article I, Section United States; but all Duties and Imposts Congress has the power to enact this legis- 8 of the United States Constitution. and Excises shall be uniform throughout the lation pursuant to the following: By Mr. SCHOCK: United States.’ The constitutional authority on which this H.R. 4613. By Mrs. MYRICK: bill rests is the power of the Congress to lay Congress has the power to enact this legis- H.R. 4598. and collect taxes and to provide for the gen- lation pursuant to the following: Congress has the power to enact this legis- eral welfare of the United States, as enumer- The constitutional authority on which this lation pursuant to the following: ated in Article I, Section 8, Clause 1 of the bill rests is the power of Congress as stated Clause 1, Section 8 of Article 1 of the United States Constitution; to make all laws in Article I, Section 7 and Article I, Section United States Constitution which reads: which shall be necessary and proper for car- 8 of the United States Constitution. ‘‘The Congress shall have Power to lay and rying into execution such powers as enumer- By Mr. SCHOCK: collect Taxes, Duties, Imposts, and Excises, ated in Article I, Section 8, Clause 18 of the H.R. 4614. to pay the Debts, and provide for the com- Constitution; and to make rules and regula- Congress has the power to enact this legis- mon Defense and General Welfare of the tions respecting the U.S. territories, as enu- lation pursuant to the following: United States; but all Duties and Imposts merated in Article IV, Section 3, Clause 2 of The constitutional authority on which this and Excises shall be uniform throughout the the Constitution. bill rests is the power of Congress as stated United States.’ By Mr. REHBERG: in Article I, Section 7 and Article I, Section By Mrs. MYRICK: H.R. 4606. 8 of the United States Constitution. H.R. 4599. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. SCHOCK: lation pursuant to the following: H.R. 4615. lation pursuant to the following: Article I, Section 8, Clause 3 of the United Clause 1, Section 8 of Article 1 of the Congress has the power to enact this legis- States Constitution. United States Constitution which reads: lation pursuant to the following: By Mr. RIBBLE: ‘‘The Congress shall have Power to lay and The constitutional authority on which this H.R. 4607. collect Taxes, Duties, Imposts, and Excises, bill rests is the power of Congress as stated Congress has the power to enact this legis- to pay the Debts, and provide for the com- in Article I, Section 7 and Article I, Section lation pursuant to the following: mon Defense and General Welfare of the 8 of the United States Constitution. Art. I, Sec. 8 United States; but all Duties and Imposts By Mr. SCHOCK: To make all Laws which shall be necessary H.R. 4616. and Excises shall be uniform throughout the and proper for carrying into Execution the United States.’ Congress has the power to enact this legis- foregoing Powers, and all other Powers vest- lation pursuant to the following: By Mrs. MYRICK: ed by this Constitution in the Government of H.R. 4600. The constitutional authority on which this the United States or in any Department or Congress has the power to enact this legis- bill rests is the power of Congress as stated Officer thereof. lation pursuant to the following: in Article I, Section 7 and Article I, Section Clause 1, Section 8 of Article 1 of the By Mr. RIGELL: 8 of the United States Constitution. United States Constitution which reads: H.R. 4608. By Mr. SCHOCK: ‘‘The Congress shall have Power to lay and Congress has the power to enact this legis- H.R. 4617. collect Taxes, Duties, Imposts, and Excises, lation pursuant to the following: Congress has the power to enact this legis- to pay the Debts, and provide for the com- Article I, Section 8, Clause 14: To make lation pursuant to the following: mon Defense and General Welfare of the Rules for the Government and Regulation of The constitutional authority on which this United States; but all Duties and Imposts the land and naval Forces; bill rests is the power of Congress as stated and Excises shall be uniform throughout the Article 1, Section 8, Clause 17: To exercise in Article I, Section 7 and Article I, Section United States.’ exclusive Legislation in all Cases whatso- 8 of the United States Constitution. By Mrs. MYRICK: ever, over such District (not exceeding ten By Mr. SCHOCK: H.R. 4601. Miles square) as may, by Cession of par- H.R. 4618. Congress has the power to enact this legis- ticular States, and the Acceptance of Con- Congress has the power to enact this legis- lation pursuant to the following: gress, become the Seat of Government of the lation pursuant to the following: Clause 1, Section 8 of Article 1 of the United States, and to exercise like Authority The constitutional authority on which this United States Constitution which reads: over all Places purchased by the Consent of bill rests is the power of Congress as stated ‘‘The Congress shall have Power to lay and the Legislature of the State in which the in Article I, Section 7 and Article I, Section collect Taxes, Duties, Imposts, and Excises, Same shall be, for the Erection of Forts, 8 of the United States Constitution. to pay the Debts, and provide for the com- Magazines, Arsenals, dock-Yards and other By Mr. SCHOCK: mon Defense and General Welfare of the needful Buildings; H.R. 4619. United States; but all Duties and Imposts Article 1, Section 8, Clause 18: To make all Congress has the power to enact this legis- and Excises shall be uniform throughout the Laws which shall be necessary and proper for lation pursuant to the following: United States.’ carrying into Execution the foregoing Pow- The constitutional authority on which this By Mrs. MYRICK: ers, and all other Powers vested by this Con- bill rests is the power of Congress as stated H.R. 4602. stitution in the Government of the United in Article I, Section 7 and Article I, Section Congress has the power to enact this legis- States or in any Department or Officer 8 of the United States Constitution. lation pursuant to the following: thereof. By Mr. THOMPSON of Mississippi: ´ Clause 1, Section 8 of Article 1 of the By Ms. LINDA T. SANCHEZ of Cali- H.R. 4620. United States Constitution which reads: fornia: Congress has the power to enact this legis- ‘‘The Congress shall have Power to lay and H.R. 4609. lation pursuant to the following: collect Taxes, Duties, Imposts, and Excises, Congress has the power to enact this legis- Congress has the power to enact this legis- to pay the Debts, and provide for the com- lation pursuant to the following: lation pursuant to Article I, Section 8, mon Defense and General Welfare of the Article I, Section 8, Clause 1 Clause 1 and Article I, Section 8, Clause 14. United States; but all Duties and Imposts Article I, Section 8, Clause 3 and Excises shall be uniform throughout the By Mr. SCHOCK: f United States.’ H.R. 4610. ADDITIONAL SPONSORS By Mrs. MYRICK: Congress has the power to enact this legis- H.R. 4603. lation pursuant to the following: Under clause 7 of rule XII, sponsors Congress has the power to enact this legis- The constitutional authority on which this were added to public bills and resolu- lation pursuant to the following: bill rests is the power of Congress as stated tions as follows:

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H.R. 85: Ms. JACKSON LEE of Texas and Ms. H.R. 2966: Mr. ALTMIRE and Mr. RIVERA. H.R. 4164: Mr. WITTMAN and Mr. FORTEN- RICHARDSON. H.R. 2978: Mr. COFFMAN of Colorado. BERRY. H.R. 104: Mr. COSTA. H.R. 2989: Mr. REICHERT. H.R. 4169: Mr. SHERMAN and Mr. CALVERT. H.R. 139: Mr. DEUTCH. H.R. 3032: Ms. RICHARDSON. H.R. 4170: Mr. BOREN and Ms. SPEIER. H.R. 187: Mr. AUSTIN SCOTT of Georgia. H.R. 3044: Mr. WESTMORELAND. H.R. 4199: Mr. DEUTCH. H.R. 329: Mr. CARSON of Indiana. H.R. 3059: Mr. CARNEY and Mr. KINZINGER of H.R. 4209: Mr. CRENSHAW, Mr. BONNER, and H.R. 360: Mr. GOSAR. Illinois. Mr. JACKSON of Illinois. H.R. 365: Mr. CONYERS. H.R. 3068: Mr. SCOTT of South Carolina. H.R. 4222: Mr. GOSAR. H.R. 466: Mr. GOSAR. H.R. 3096: Mr. PLATTS. H.R. 4228: Mr. AUSTIN SCOTT of Georgia, H.R. 587: Mr. CONNOLLY of Virginia and Mr. H.R. 3173: Ms. MCCOLLUM, Mr. RAHALL, Mr. Mr. SCHOCK, and Mr. COFFMAN of Colorado. RANGEL. HANNA, Ms. RICHARDSON, Mr. HARRIS, Mr. H.R. 4232: Ms. KAPTUR. H.R. 733: Ms. WASSERMAN SCHULTZ, Mr. GRAVES of Missouri, and Mr. LARSEN of H.R. 4243: Mr. MARINO and Mr. SHIMKUS. AUSTIN SCOTT of Georgia, and Mrs. NOEM. Washington. H.R. 4256: Mr. PETERSON, Mr. BENISHEK, Mr. H.R. 757: Mr. BASS of New Hampshire. H.R. 3179: Mr. BACHUS, Mr. CONAWAY, Mr. GRIFFIN of Arkansas, and Mr. MANZULLO. ERMAN OURTNEY H.R. 805: Mr. BRALEY of Iowa. HANABUSA, Mr. ELLISON, and Ms. SCHA- H.R. 4271: Mr. B , Mr. C , Mr. H.R. 812: Mr. THOMPSON of California. KOWSKY. SCHRADER, Mr. RANGEL, Ms. EDDIE BERNICE H.R. 816: Mr. GOSAR. H.R. 3187: Mr. CARDOZA, Mr. HINOJOSA, Mr. JOHNSON of Texas, and Mr. BOSWELL. H.R. 4277: Mr. ANDREWS, Mr. BISHOP of H.R. 889: Mr. HEINRICH. BACA, Mr. BOREN, Mr. TURNER of New York, ROWN ARSON H.R. 941: Mr. MEEHAN. Mr. GUTIERREZ, Mr. DANIEL E. LUNGREN of Georgia, Ms. B of Florida, Mr. C H.R. 942: Mr. DAVIS of Kentucky. California, Mrs. CAPPS, Ms. HAHN, Mr. of Indiana, Mr. CLARKE of Michigan, Mr. H.R. 1006: Mr. BARTLETT. DEUTCH, and Mr. HANABUSA. CLEAVER, Mr. COHEN, Mr. COSTELLO, Mr. H.R. 1066: Mr. BLUMENAUER and Mr. SCOTT H.R. 3200: Mr. GIBSON. CUMMINGS, Mr. ELLISON, Mr. FATTAH, Mr. of Virginia. H.R. 3203: Mr. GOSAR. FILNER, Ms. FUDGE, Mr. GRIJALVA, Mr. H.R. 1161: Ms. ROS-LEHTINEN. H.R. 3208: Mr. GOSAR. GUTIERREZ, Ms. HAHN, Mr. HINCHEY, Mr. H.R. 1167: Mr. OLSON. H.R. 3423: Mr. HASTINGS of Florida and Mr. HOLT, Ms. JACKSON LEE of Texas, Mr. JACK- H.R. 1182: Mr. OLSON. ROSS of Florida. SON of Illinois, Ms. EDDIE BERNICE JOHNSON H.R. 1236: Mr. GIBSON. H.R. 3485: Ms. SCHWARTZ. of Texas, Mr. JOHNSON of Georgia, Mr. KIL- H.R. 1244: Mr. HOLT. H.R. 3506: Mr. SOUTHERLAND, Mr. GRIJALVA, DEE, Mr. KUCINICH, Ms. LEE of California, Mr. H.R. 1265: Mr. CUELLAR, Mr. WESTMORE- and Mr. MEEHAN. MCDERMOTT, Mr. MEEKS, Ms. MOORE, Mr. LAND, and Mr. GRAVES of Georgia. H.R. 3591: Mr. GIBSON and Mr. OWENS. MORAN, Mr. NADLER, Ms. NORTON, Mr. OLVER, H.R. 1296: Mr. GENE GREEN of Texas. H.R. 3596: Ms. MOORE, Ms. WILSON of Flor- Mr. PASCRELL, Ms. RICHARDSON, Mr. ROTH- H.R. 1327: Mr. BARTLETT, Mr. ALEXANDER, ida, Ms. EDDIE BERNICE JOHNSON of Texas, MAN of New Jersey, Mr. RUSH, Ms. SCHA- Mr. BISHOP of Utah, Ms. WILSON of Florida, Ms. CHU, and Mr. VISCLOSKY. KOWSKY, Ms. SEWELL, Mr. SIRES, Ms. SLAUGH- Mr. DOYLE, Mrs. CAPITO, and Mr. KINZINGER H.R. 3612: Mr. FORTENBERRY, Mr. WEST, and TER, Mr. STARK, Mr. TOWNS, Ms. WATERS, Ms. of Illinois. Mr. HASTINGS of Florida. WOOLSEY, Mr. YARMUTH, and Mr. NEAL. H.R. 1331: Mr. MICHAUD. H.R. 3618: Ms. ESHOO, Mr. CLARKE of Michi- H.R. 4278: Mr. LONG, Mr. WESTMORELAND, H.R. 1448: Mr. RANGEL and Mrs. MCCARTHY gan, Ms. DEGETTE, Mr. KUCINICH, Mr. OLVER, Mr. ROE of Tennessee, Mr. MCINTYRE, and of New York. Mrs. NAPOLITANO, Ms. LORETTA SANCHEZ of Mr. JOHNSON of Ohio. H.R. 1463: Mr. POLIS. California, Ms. CLARKE of New York, Mr. AL H.R. 4332: Mr. BURGESS. H.R. 1513: Mr. FRELINGHUYSEN. GREEN of Texas, Ms. MOORE, and Mr. HIN- H.R. 4345: Mr. LATHAM. YAN H.R. 1519: Mr. CRITZ. CHEY. H.R. 4351: Mr. R of Ohio. H.R. 4367: Mr. RENACCI, Mr. SHERMAN, Mr. H.R. 1546: Mr. WALDEN, Mr. LANCE, Mr. H.R. 3627: Mr. DOYLE and Mr. OLSON. JONES, and Mr. NEUGEBAUER. LARSON of Connecticut, and Mr. GOSAR. H.R. 3665: Mr. MARKEY, Ms. SCHAKOWSKY, H.R. 4385: Mr. CAMPBELL, Mr. SCOTT of H.R. 1579: Ms. FUDGE. Ms. MOORE, and Mr. BLUMENAUER. South Carolina, Mr. MARCHANT, Mr. FRANKS H.R. 1588: Mr. KELLY. H.R. 3721: Mr. GRIMM. of Arizona, Mr. GOSAR, Mr. ROSS of Florida, H.R. 1612: Mr. ROTHMAN of New Jersey. H.R. 3729: Mr. NEAL, Mr. DOGGETT, and Mr. Mrs. BLACK, Ms. JENKINS, and Mr. GOOD- H.R. 1666: Mr. BOREN. ROSS of Florida. LATTE. H.R. 1738: Ms. MCCOLLUM. H.R. 3797: Mr. PALLONE. H.R. 4388: Mr. LAMBORN, Mr. ROTHMAN of H.R. 1842: Mr. SERRANO and Mrs. LOWEY. H.R. 3798: Ms. SPEIER, Mr. WAXMAN, Mr. New Jersey, Mr. GRAVES of Georgia, and Mr. H.R. 1897: Mr. HEINRICH, Mr. MEEHAN, and RUSH, and Mr. ELLISON. FARENTHOLD. Mr. MCNERNEY. H.R. 3809: Mr. LOBIONDO. H.R. 4390: Mr. GENE GREEN of Texas. H.R. 1951: Mr. HEINRICH. H.R. 3826: Mr. SCHRADER, Mr. HANABUSA, H.R. 4454: Mr. BARLETTA and Mrs. BLACK. H.R. 1960: Mr. LATTA. Mr. KIND, Mrs. LOWEY, Mr. ANDREWS, Mr. H.R. 4470: Mr. MCDERMOTT, Ms. ROYBAL- H.R. 1964: Mr. GIBBS, Mr. CASSIDY, and Mr. KISSELL, Ms. ROYBAL-ALLARD, Mr. BACA, Mr. ALLARD, Mr. FRANK of Massachusetts, Mr. ROGERS of Kentucky. MCINTYRE, Mr. SCOTT of Virginia, Mr. LEVIN, JACKSON of Illinois, Ms. NORTON, and Ms. H.R. 2020: Mr. GOSAR. Mr. SERRANO, Mrs. MCCARTHY of New York, RICHARDSON. H.R. 2082: Mr. PETERS. Ms. TSONGAS, Mr. PIERLUISI, Ms. WASSERMAN H.J. Res. 13: Mr. RIGELL and Mr. GOSAR. H.R. 2182: Mr. KINZINGER of Illinois. SCHULTZ, Mr. BRADY of Pennsylvania, Mr. H.J. Res. 88: Mr. NEAL. H.R. 2206: Mr. THOMPSON of Pennsylvania. SMITH of Washington, and Ms. KAPTUR. H.J. Res. 103: Mr. BONNER, Mr. PRICE of H.R. 2212: Mr. TOWNS. H.R. 3848: Mr. GRAVES of Georgia, Mr. Georgia, and Mr. FRANKS of Arizona. H.R. 2226: Mr. CICILLINE, Ms. LINDA T. ONG RICE IBBS L , Mr. P of Georgia, Mr. G , Mr. H.J. Res. 104: Mr. FORBES. SA´ NCHEZ of California, Mr. GENE GREEN of LUETKEMEYER, Mr. BISHOP of Georgia, and H. Con. Res. 63: Mr. RANGEL, Mr. LATOU- Texas, Mr. SMITH of Washington, Mr. PERL- Mr. FLEISCHMANN. RETTE, and Mr. FILNER. MUTTER, Mr. THOMPSON of California, Mr. H.R. 3881: Ms. ROYBAL-ALLARD. H. Con. Res. 101: Mr. AMODEI and Mr. BACH- CROWLEY, and Mr. HOLT. H.R. 3895: Ms. BUERKLE. US. H.R. 2269: Mr. ROTHMAN of New Jersey. H.R. 3903: Mr. SMITH of Washington, Ms. H. Con. Res. 114: Mr. BUTTERFIELD. H.R. 2479: Mr. KEATING. RICHARDSON, Mr. RANGEL, Ms. SCHAKOWSKY, H. Res. 57: Mr. STEARNS. H.R. 2541: Mr. HURT. Mr. KILDEE, and Mr. YARMUTH. H. Res. 130: Mr. CARDOZA. H.R. 2568: Mr. LONG. H.R. 3905: Mr. CARNAHAN. H. Res. 134: Mr. FORBES and Mr. HASTINGS H.R. 2569: Mrs. BLACKBURN and Mr. H.R. 3974: Ms. BONAMICI. of Florida. CRAWFORD. H.R. 3991: Mr. PALAZZO. H. Res. 282: Mr. REICHERT. H.R. 2592: Mr. PAUL. H.R. 4004: Ms. BONAMICI and Mr. GARDNER. H. Res. 298: Mr. FORBES. H.R. 2597: Mr. LOBIONDO. H.R. 4029: Mr. GIBBS. H. Res. 304: Mr. HINCHEY and Mr. DEFAZIO. H.R. 2617: Ms. DELAURO. H.R. 4045: Ms. PINGREE of Maine. H. Res. 507: Mr. FLORES. H.R. 2655: Mr. MEEHAN, Ms. SUTTON, Mr. H.R. 4057: Mr. OWENS. H. Res. 583: Mr. YARMUTH, Mr. YODER, and FATTAH, Mr. CICILLINE, and Mr. COSTA. H.R. 4060: Mr. AUSTIN SCOTT of Georgia. Mr. CLAY. H.R. 2680: Mr. STEARNS. H.R. 4063: Mr. PRICE of North Carolina. H. Res. 601: Mr. SMITH of New Jersey. H.R. 2705: Mr. GRIJALVA and Mr. GEORGE H.R. 4070: Mr. AUSTRIA and Mr. BARROW. H. Res. 604: Mr. TIBERI and Mr. BROUN of MILLER of California. H.R. 4077: Mr. YODER. Georgia. H.R. 2721: Mr. GUTIERREZ, Mr. JOHNSON of H.R. 4124: Mr. QUIGLEY and Mr. MICHAUD. H. Res. 608: Mr. CARSON of Indiana. Georgia, and Mr. FALEOMAVAEGA. H.R. 4134: Mr. CLEAVER, Mr. MEEKS, Mr. H. Res. 618: Mr. FALEOMAVAEGA and Mr. H.R. 2746: Mr. TOWNS, Mr. HASTINGS of GRIFFIN of Arkansas, Ms. LORETTA SANCHEZ DINGELL. Florida, and Mr. GRIJALVA. of California, Mr. BUTTERFIELD, Mr. DAVID H. Res. 623: Mrs. BLACKBURN, Mr. HUIZENGA H.R. 2827: Mr. WOMACK, Mr. MCCOTTER, and SCOTT of Georgia, Mrs. BLACKBURN, Mr. of Michigan, Mr. MULVANEY, Mr. GOHMERT, Mr. LUCAS. THORNBERRY, Mr. WOMACK, and Mr. SCHOCK. Mr. CUELLAR, Ms. BUERKLE, Mr. FLORES, Mr. H.R. 2950: Mr. ANDREWS. H.R. 4142: Mr. JONES. HARRIS, Mr. YODER, Mr. WESTMORELAND, Mr. H.R. 2951: Mr. KING of Iowa, and Mr. ROSS H.R. 4144: Ms. RICHARDSON. PAUL, Ms. JENKINS, Mr. ROSS of Arkansas, of Florida. H.R. 4160: Mrs. BLACK. and Mr. BOSWELL.

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Vol. 158 WASHINGTON, TUESDAY, APRIL 24, 2012 No. 59 Senate The Senate met at 10 a.m., on the ex- Connecticut, to perform the duties of the VIOLENCE AGAINST WOMEN ACT piration of the recess, and was called to Chair. Mr. REID. Mr. President, in 1994, the order by the Honorable RICHARD DANIEL K. INOUYE, President pro tempore. Violence Against Women Act passed BLUMENTHAL, a Senator from the State both Houses of Congress on strong bi- Mr. BLUMENTHAL thereupon as- of Connecticut. partisan votes. In the 18 years since sumed the chair as Acting President then, incidents of domestic violence PRAYER pro tempore. have fallen by 53 percent. The Chaplain, Dr. Barry C. Black, of- f Despite that progress, staggering fered the following prayer: RECOGNITION OF THE MAJORITY rates of abuse make it clear that we Let us pray. LEADER still have a long way to go. More than a third of women and more than a O God, our Sustainer, silence every- The ACTING PRESIDENT pro tem- quarter of men in this country have thing in our Senators that would keep pore. The majority leader is recog- been victims of violent sexual assault them from hearing Your wisdom. Con- nized. trol their minds this day that their or stalking by a partner. Because of focus may concentrate on You. Illu- f the unique nature of the crime, com- minate their path with the light of SCHEDULE bating domestic violence and pro- Your presence, providing them with Mr. REID. Mr. President, the Senate tecting those affected also requires unique tools. the strength to walk with integrity. will soon be considering the motion to Victims have been abused by the very Lord, give them a sense of duty that proceed to S. 1925, the Violence Against they will leave nothing that they people who are supposed to love and Women Reauthorization Act. care for them, so Congress must make ought to do undone. May they not be At 10:30 this morning, the Senate will certain law enforcement has the means content to wait and see what will hap- resume consideration of the motion to pen, but give them the wisdom and to stop these heinous crimes, and we proceed to S.J. Res. 36, which is a reso- must ensure communities have the re- courage to make the right things hap- lution of disapproval regarding the sources to support victims and help pen. NLRB election rule. The time until them heal. That is why the Senate We pray in Your holy Name. Amen. 12:30 today will be equally divided and must move quickly to reauthorize this f controlled between the two leaders, or legislation, which expired last year. PLEDGE OF ALLEGIANCE their designees. Many of the programs under the act The Senate will recess from 12:50 p.m. have been funded for the last year by The Honorable RICHARD BLUMENTHAL to 2:15 p.m. to allow for the weekly continuing resolutions, but a full reau- led the Pledge of Allegiance, as follows: caucus meetings. thorization is necessary to ensure au- I pledge allegiance to the Flag of the At 2:15 p.m., there will be a rollcall thorities have all the resources they United States of America, and to the Repub- vote on the motion to proceed to S.J. need to fight domestic violence. lic for which it stands, one nation under God, Res. 36. If that motion is defeated, Women and families across the coun- indivisible, with liberty and justice for all. there will be several votes following it try are depending on us to act. Several f in order to complete action on the from Nevada wrote to share their sto- APPOINTMENT OF ACTING postal reform bill. ries. PRESIDENT PRO TEMPORE We are going to do our utmost to fin- When I practiced law, this law was ish the postal reform bill today. I rec- not in effect. The only good news dur- The PRESIDING OFFICER. The ognize that there is an important event ing that period of time that developed clerk will please read a communication with the Supreme Court today with the as I began to do more work in the do- to the Senate from the President pro legislative branch, the Senate. There- mestic relations field was as a result of tempore (Mr. INOUYE). fore, we might have to come back after some generous people establishing in The legislative clerk read the fol- that to complete work on this bill, un- Las Vegas a domestic crisis shelter. lowing letter: less there is a way forward. What is that? It is a place where U.S. SENATE, I suggest to everyone, if their amend- women and children can go to stay PRESIDENT PRO TEMPORE, ments can be accepted by voice vote, away from husbands who were abusing Washington, DC, April 24, 2012. take that. If something can be worked them. It is so important. These are se- To the Senate: Under the provisions of rule I, paragraph 3, out with the managers, do that; other- cret locations; you cannot find them in of the Standing Rules of the Senate, I hereby wise, we might be here until very late the phone book. It gives these women appoint the Honorable RICHARD tonight. I would like to avoid that, if and their children—sometimes just a BLUMENTHAL, a Senator from the State of possible, for everyone’s benefit. woman—a place to go.

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

S2613

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VerDate Mar 15 2010 01:11 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.000 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2614 CONGRESSIONAL RECORD — SENATE April 24, 2012 I had a leadership meeting this morn- and killed as he walked in the door. So Mr. MCCONNELL. Mr. President, ing and spent some time talking to we do need to understand that we need there is no reason to fight over some- them about some examples of things to continue to help train police and thing that nobody wants to have a that took place before this law passed. also make them better trained to con- fight over. We are happy to work on a It was very difficult to find ways of vict the people doing these bad things. reasonable time agreement and pass helping these women. With this law, it Many years ago, when I was a fresh- that in short order. is much easier. We must continue this man in the Senate, I held a hearing, f extremely important legislation. The under the auspices of the Appropria- BROKEN PROMISES women who wrote to me had some very tions Committee, on spousal abuse. sad stories. Without this legislation, it Maybe things have changed over the Mr. MCCONNELL. Mr. President, it is would be even worse. years—and I hope they have. There are no secret that most Americans are Coincidentally, I talked to Vice better counseling programs. But one tired of candidates for political office President BIDEN this morning and re- thing we learned during those hearings who make promises they don’t keep. minded him of what he had done. He many decades ago was that the main And who can blame them? For years, has been watching what we do here. He thing that helped a man stop abusing politicians have been going to Wash- said thanks for continuing this legisla- his wife was to put him in jail. Maybe ington promising to make government tion. It was his idea, and it has been things are better now. At least we need more effective, more efficient, to bal- extremely valuable for this country. to have better tools to make it so these ance the books, make life more secure, Every day in America, three less for- people can be convicted of these brutal and restore Americans’ confidence in tunate women die at the hands of their crimes. their country again. And time and time abusers—by being abused by their We know the tools and training this again, they have either failed to get it spouses. In addition to those three who legislation provides are effective. Con- done or didn’t even make an effort in die, there are nine more who are sider this legislation’s successful the first place. abused very much. They have serious record of reducing domestic violence Frankly, it is hard to think of any injuries. Some have been made para- by 53 percent and helping police punish politician who has promised more and lyzed as a result of the beatings. It is these abusers. We need to do better, delivered less than our current Presi- hard to believe these beatings take but what we have done has been a big dent. He was the one who would erase place, but they do. It is in our power— step forward from the time I was hold- old divisions and bring people together. the 100 of us—to protect them and help ing those hearings, before this legisla- He was the one who would rise above them. tion became effective. politics as usual and usher in a new era Reauthorizing the Violence Against That is why the Senate reauthorized of bipartisan harmony. A lot of people Women Act would help law enforce- this law unanimously in 2005, on a 95- believed him. Naturally, a lot of them ment continue to develop effective to-0 vote. That is pretty good. Again, are even more jaded now than ever. strategies to prosecute cases involving in 2005, we did it unanimously. And in They are jaded because a candidate 2000, we did it by a 95-to-0 vote. Both violent crimes against women. But who said he was different turned out to times it was unanimous. I hope we can also, in addition to the criminal aspect be just another politician who seems do it again. more concerned with reelection than of it, it allows these women a place to I look forward to a similar bipartisan reform. Not only has he failed to step go. vote this year, as Democrats and Re- It would provide funding for shelters up to the challenges we face, he has ac- publicans join together to renew our and transitional housing programs for tually aggravated them. Social Secu- national commitment to ending domes- victims of domestic violence and sex- rity, for example, is now expected to go tic violence. ual assault, and it would help victims broke 3 years sooner than we expected. get back on their feet. It would make f The Tax Code is more complicated than legal assistance available to victims of RECOGNITION OF THE MINORITY ever. The national debt is bigger than violence, and it would safeguard chil- LEADER any of us could have imagined. Health dren victimized and affected by dating The ACTING PRESIDENT pro tem- care costs are higher. Gas prices are violence and stalking. pore. The Republican leader is recog- up. Millions cannot find work. And This reauthorization would also nized. even most college graduates—those enact important improvements to the best equipped to step into the modern f law, gleaned from 18 years of experi- economy—either cannot find work to ence combating violence against VIOLENCE AGAINST WOMEN ACT match their skills or can’t find any women. Mr. MCCONNELL. Mr. President, be- work at all. It would extend better protections fore the majority leader leaves the Instead of fixing problems, he has for Native American women. The most floor, with regard to the Violence made them worse. significant spousal abuse and abuse to Against Women Act, we would be very What is he doing now? Well, the children takes place on Indian reserva- happy to enter into a short time agree- President who was supposed to change tions. This legislation will enlarge the ment. He is entirely correct; this law the direction of the country now wants breadth of the bill to protect these peo- has passed in the Senate on an over- to change the subject. He spends his ple who are so badly in need of help. whelming bipartisan basis, and there is days running around the country blam- This legislation also includes non- very strong bipartisan support for it ing whatever doesn’t happen to poll discrimination protection for all vic- again this year. We are happy to work well that day for the consequences of tims, regardless of what they look like with him to expeditiously approve that his own policies. He spent 2 years ex- or where they are from. bill in short order. Those discussions panding government and constricting It reduces bureaucracy and imple- over some kind of a very short time free enterprise, and now that the re- ments new accountability measures to agreement could begin as soon as now. sults are in he spends his time pointing ensure Federal investments are prop- We are happy to work with him to fa- the finger at others for problems that erly spent. cilitate passage of that. originated right in his White House. It It places great emphasis on training Mr. REID. Mr. President, I think that is the millionaires; it is the banks; it is police to respond to reports of sexual is a positive statement, as long as big oil; it is the weather; it is Fox assault, which has among the lowest there are not efforts made to weaken News; it is anything but him. And it’s conviction rates for any violent crime. this legislation. But if this moves for- absurd. I mean, if you believe that a For police officers, it is one of the most ward quickly with a short time agree- President who got everything he want- dangerous things they can do. Last ment, but in an effort to weaken the ed for 2 years—2 whole years—has year, we had a peace officer in Las bill, we want no part of that. nothing to do with the problems we Vegas—a sergeant who had been in law I look forward to conversations to face, then I have a solar panel company enforcement many years—who went begin with staff and to bring in Sen- to sell you. with another officer to respond to a do- ator LEAHY and others, and Senator The President spent 2 years reshap- mestic violence phone call. He was shot MCCONNELL and I can work on this. ing America in the image of Western

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I am very pleased we see the one of the defining characteristics of Federal-aid highway, highway safety, motor Western European economies is the carrier safety, transit, and other programs continuation over here of bipartisan high unemployment rate, particularly funded out of the Highway Trust Fund pend- support for a transportation bill. We among young people and recent college ing enactment of a multiyear law reauthor- have Senator REID working together graduates. Sluggish growth and inflexi- izing such programs, and for other purposes. with Senator MCCONNELL to name the ble labor laws are two of the main rea- The ACTING PRESIDENT pro tem- conferees, and we had a unanimous sons young people have been locked out pore. Under the previous order, all vote in our committee last year on this of the labor market in those countries after the enacting clause is stricken bill. It has been a very tortured path to literally for years. Today unemploy- and the text of S. 1813, as passed by the get to where we are now because, for ment is above 20 percent among young Senate, is inserted in lieu thereof. some inexplicable reason, the Repub- people in the European Union. In Spain The amendment was ordered to be licans over in the House have insisted the unemployment rate among people engrossed and the bill to be read a on just going to their own party to under the age of 25 is a staggering 50 third time. reach agreement rather than going to percent. The bill was read the third time. the Democrats so we can have biparti- Some of this is no doubt a result of The ACTING PRESIDENT pro tem- sanship over there. But I am very hope- the European debt crisis, but the more pore. Under the previous order, the bill ful, with the naming of these conferees fundamental problem is decades of (H.R. 4348), as amended, is passed and today, the House will now do its job policies rooted in the same big govern- the motion to reconsider is considered and name conferees. I have been read- ment vision the President has been made and laid upon the table. ing in the press that perhaps that will busy imposing right here in the United Under the previous order, the Senate happen tomorrow. So I am very hope- States. It is hardly a coincidence that insists on its amendment, requests a ful. as President Obama has tried to re- conference with the House on the dis- Mr. President, it is 10:20 in the morn- shape the United States in the image of agreeing votes of the two Houses, and ing on Tuesday, and I want to call at- Western Europe, our own youth unem- the Chair appoints the following con- tention to the fact we are now on the ployment rate has been stubbornly ferees on the part of the Senate. path we need to be on, starting at this high. That is what happens when you The Acting President pro tempore moment, to get to conference. There is increase regulations on businesses that appointed Mrs. BOXER, Mr. BAUCUS, Mr. no reason we can’t do that very soon hire college graduates. That is what ROCKEFELLER, Mr. DURBIN, Mr. JOHN- when so much is at stake. happens when you impose health care SON of South Dakota, Mr. SCHUMER, The Senate bill is a reform bill. mandates on them. That is what hap- Mr. NELSON of Florida, Mr. MENENDEZ, There are no earmarks in that bill. pens when you impose new labor rules, Mr. INHOFE, Mr. VITTER, Mr. HATCH, That bill is fully paid for. It doesn’t such as the one Senator ENZI is leading Mr. SHELBY, Mrs. HUTCHISON, and Mr. add to the deficit. It protects 2 million the charge against this week that HOEVEN conferees on the part of the jobs and creates another 1 million jobs. makes it even costlier for businesses to Senate. What good news will it be for this econ- hire. We see the long-term effects of omy to have this bill pass. these things in Europe, and unless this f I know there are those who predicted President changes course we will see VIOLENCE AGAINST WOMEN REAU- this could never happen; that, A, we the same lack of opportunity for young THORIZATION ACT OF 2011—MO- would never get a bipartisan bill out of people right here. TION TO PROCEED our committee, but we did it; that, B, we would never get it to pass on the So today the President will bring his The ACTING PRESIDENT pro tem- floor, but we did it with 74 votes; and, latest poll-tested message to the stu- pore. Under the previous order, the C, that the House will never act, and dents at the University of North Caro- Senate will resume consideration of the House actually did act to move to lina, and I am sure he will give a very the motion to proceed to S. 1925, which conference. It took them a long time, rousing speech full of straw men and the clerk will report. but we are there. So there is no reason villains who stand in the way of their The legislative clerk read as follows: dreams. I am sure he will also express we cannot work together to get this Motion to proceed to S. 1925, a bill to reau- done. his strong support for things on which thorize the Violence Against Women Act of If Senator INHOFE and I can agree, all of us already agree. But what he 1994. will not talk about is the extent to then I think we should be able to get a The ACTING PRESIDENT pro tem- which the decisions he has made are very strong bill through both Houses. pore. The Senator from California. limiting their opportunities in the On my committee—the Environment years ahead. SURFACE TRANSPORTATION ACT and Public Works Committee, which I Some of them already see this. I Mrs. BOXER. Mr. President, I am am so privileged to chair—we have mean, you have to think most of these very pleased with what just happened very conservative members, such as students are sharp enough to put this at the desk. For those who didn’t fol- Senators INHOFE and SESSIONS, and President’s rhetoric up against his low it, the majority leader, Senator very progressive members, such as my- record and to conclude that it simply REID, and Senator MCCONNELL, just self. We have Senator VITTER on the doesn’t add up. As the promises of this named the conferees so we can get other side and Senator SESSIONS, and President’s campaign collide with real moving with the House and settle our on this side we have Senators SANDERS life, I think young people across the differences and move forward with a and CARDIN. So we have members who country will realize they got sold a bill very important transportation bill. reach the entire ideological spectrum, of goods. The next time they are prom- We all know how hard it has been on and if we can all vote for a bill, then ised change, they will know enough to the construction industry. We all know this can happen and it will send a great kick the tires first. the housing crisis has made it very dif- signal to this country. Mr. President, I yield the floor. ficult for our construction workers to I thank all the groups that have f get work. We all know at the same mo- worked so hard to bring pressure on all ment we have had this real problem in of us to keep this moving forward. It RESERVATION OF LEADER TIME the construction industry—where we starts with a coalition that includes The ACTING PRESIDENT pro tem- have well over 1 million construction the AFL–CIO and the chamber of com- pore. Under the previous order, the workers out of work and tens of thou- merce. Good for them. They do not al- leadership time is reserved. sands of businesses that want to do ways agree, but they agree on this one.

VerDate Mar 15 2010 01:11 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.004 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2616 CONGRESSIONAL RECORD — SENATE April 24, 2012 Then we have all the business commu- I was able to get a couple of the pro- ness. I am glad he is fighting for fair- nity that is behind us—the granite peo- visions passed—a couple of, I would ness. Why should a billionaire pay a ple and the cement people and the gen- say, smaller provisions passed: safety lower tax rate than a secretary? I am eral contractors. The list goes on and on campuses, campus lighting, and glad this President is doing all that. To on. There are many groups that have some other things. But the heart of the hear him attacked day after day after come together to push forward on this bill did not pass until I actually was day is absolutely discouraging when we bill. over here in the Senate, when Senator have so much work we can do that we So I want to mark this moment. I am BIDEN really picked up steam and drove can talk about in our leader time. But happy I was able to be on the Senate that bill through. My understanding is I have decided I am going to follow floor when the conferees were named. that Senator SCHUMER—at that time in this, and every time Senator MCCON- It is a great list of conferees. the House—picked up the bill and did NELL does this I am going to use my We have in this bill the RESTORE the same in the House. privileges as a Senator to come down. Act, which will rebuild the gulf after This has been the law of the land— Let’s never forget, this President in- the terrible BP spill, and we have peo- the Violence Against Women Act— herited the worst economy since the ple on this conference who were very since the 1990s, so we don’t need to Great Depression from a Republican instrumental in writing the RESTORE have any arguments about it. I was President who left us bleeding 800,000 Act, including Senator BILL NELSON very glad to hear Senator MCCONNELL jobs a month, who left us with an auto and Senator RICHARD SHELBY. Senator say he didn’t intend to have any argu- industry flat on its back, who left us VITTER also was involved, and I want to ments about it because in this bill we with a credit system that was frozen. take a moment to thank Senator LAN- cover even more people: people who This President, through his leadership, DRIEU, who was a driving force on this were brutalized, women who were bru- stepped up and led us out of that mess. bill. There is no question that without talized, and it is very key. The other voices, the naysayers, said: her insistence this wouldn’t have hap- I see my colleague, Senator HARKIN, Let Detroit go bankrupt. Stay out of pened. So what an opportunity we has come to discuss a very important everything. This President didn’t listen have. matter, a labor matter, and I would because he is a fighter for change. Now, there are certain things I think tell him I will finish in about 3 min- If this floor is going to be used to at- we should keep out of this conference, utes, if that is OK with him. tack this President, count me in to and that is things that tear us apart. I want to conclude by saying that the stand and make sure the record is set There is no reason to have controversy Violence Against Women Act is what straight. I hope we can go back to the built into this conference. We can save we call a no-brainer. It is a serious work we need to do instead of using the those battles for another day. I think, problem in our Nation. Senator REID floor of this great body to attack our with this conference, we should just all said three women are killed every day President, the President of the United rally around the consensus of what has because of violence against women. States of America. Everyone has a to be done. If it is something outside The shelters in our States are doing right to do it. Believe me, I don’t argue the scope of the conference, if it is incredible work. They take in women that. But I also have the right as a unanimous and everybody thinks it is a and children. They make sure there is Senator—and so do others—to come to good idea—such as the RESTORE Act— protection and crack down on the vio- clear the record on that, and I intend then let’s do it. lators and there is no reason to argue to do that. There is a provision in the bill that about that. I yield the floor. helps our rural counties use the pro- The last thing I wanted to talk about f ceeds from timber sales for their in the last couple minutes goes to the schools—this is so critical—and for heart of what Senator MCCONNELL said PROVIDING FOR CONGRESSIONAL their local governments. One could in his leader time. I have noticed that DISAPPROVAL OF THE RULE argue it is not part of the transpor- almost every time Senator MCCONNELL SUBMITTED BY THE NLRB RE- tation program, but it is a consensus. has a chance on the Senate floor he LATING TO REPRESENTATION It is a coming together, and where we comes and attacks President Obama ELECTION PROCEDURES—MOTION can do that it is very important we and he goes after President Obama and TO PROCEED stick with those consensus items and blames him for everything under the The ACTING PRESIDENT pro tem- stay away from the highly charged sun. I have to say I support Senator pore. Under the previous order, the controversies. We have plenty of time MCCONNELL’s right to say whatever he Senate will resume consideration of for that. We don’t have to put that into wants to say. He has every right to use the motion to proceed to S.J. Res. 36, this conference. So I look forward to his leadership powers to attack the which the clerk will report. the House naming their conferees so we President and do it as much as he The legislative clerk read as follows: can get this done. wants. So I am not complaining about Motion to proceed to S.J. Res. 36, a joint I also want to say how important it that. But I am just saying it is very un- resolution providing for congressional dis- is that we pass the Violence Against fortunate for this country that the Re- approval under chapter 8 of title 5, United Women Act. This bill, which has 61 co- publican leader in the Senate said, and States Code, of the rule submitted by the Na- sponsors—it is my understanding that I quote—I am not quoting directly the tional Labor Relations Board relating to rep- is the case—is a strong bill, and it words, but this is what he said—that resentation election procedures. makes sure people who are the victims his highest priority was making Presi- The ACTING PRESIDENT pro tem- of violence are taken care of, and it dent Obama a one-term President, and pore. Under the previous order, there continues a great program that was he is carrying it out on the floor of this will be 2 hours of debate, equally di- put together by then-Senator JOE Senate. vided, between the leaders or their des- BIDEN. The things he blames this President ignees on the motion to proceed. I remember it well because I was in for are unbelievable. The way he at- The Senator from Wyoming. the House at the time and then-Sen- tacks the President for being out Mr. ENZI. Mr. President, I yield such ator BIDEN, now Vice President BIDEN, around the country—he doesn’t attack time to the Senator from South Caro- doing such a great job, spoke to me and the Republican candidates for Presi- lina as he may need. said: Congresswoman BOXER, would you dent for traveling around the country. The ACTING PRESIDENT pro tem- be willing to carry the House version of Let’s face it, it is a few months to the pore. The Senator from South Caro- the Violence Against Women Act? This election. Does he expect the President lina. was in the early 1990s. I looked at the to stay in the White House? I am glad Mr. GRAHAM. Mr. President, I would bill, read the bill, and said I would be the President is getting outside. I am like to thank the Senator from Wyo- honored to do so. I was so proud to glad the President is making speeches. ming for yielding but, more impor- work with JOE BIDEN on this issue. We I am glad the President is fighting for tantly, for his leadership on the subject had worked together on coastal issues students. I am glad the President is that brings us all to the floor. and now we worked together, at that fighting for senior citizens. I am glad The National Labor Relations Board time, on violence against women. the President is fighting for small busi- has gotten a lot of attention lately and

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Senator from South Carolina, particu- Company for moving to South Caro- The point we are trying to make is larly for the insight on the way that lina, a complaint filed by the machin- that by changing this rule to a 10-day this particular Board abused his State ists union that sat on their desk for 1 period and doing away with preelection and found out they were wrong and got year and then finally was brought for- negotiations basically creates an envi- it all taken care of. But his comments ward by the NLRB to potentially close ronment where people are having to are particularly valuable in dealing down the South Carolina site and move cast votes and not understanding who with this shortening of the time as the facility back to Washington, thank is going to be representing them or the well. God, is behind us now. nature of their decision. Why do we I thank him for speaking and I yield But at the end of the day, this orga- want to shorten an election? Why do the floor. nization, the National Labor Relations we want to do away with the ability to Mr. HARKIN. Mr. President, I yield Board, seems to be hell bent on chang- negotiate between the employer and myself such time as I may consume. ing processes across the board more for people who want to represent the em- For more than 1 year, I have been political reason than a substantive rea- ployees? working on a series of hearings, both in son. I don’t see this is addressing a prob- Washington, DC, and in Iowa, focusing What brings us here today is the lem that exists. I think this is more on the state of the American middle rulemaking proposal to change the motivated by getting at an outcome class. time for union elections for employees rather than reforming a process. I hope We have learned that the American to vote on whether they want to be some of our Democratic colleagues will middle class is disappearing, falling part of a union. It does away with the say this is excessive and unnecessary. into the widening gulf between the preelection consultation, the idea of If the Congress doesn’t stand in the haves and the have-nots. The people the employer and the people wanting way between the American people and who do the real work in this country to represent the employees sitting unelected bureaucrats, who will? This are being squeezed to the breaking down and seeing if they can work out a is your chance as a Member of Congress point. Their paychecks aren’t rising. proposal or a compromise; it shortens to do something about the unelected Their benefits are disappearing. Their the election time to as little as 10 days. side of government that is growing pensions are disappearing. Their jobs So if you are in the company in ques- more powerful by the day. We have a are being shipped overseas. tion, you have a 10-day period before chance here to say no to a rule that When we looked into the causes of makes no sense, that is going to skew the election. The current mean average this crisis, we found that the middle the playing field and, quite frankly, I is 38 days. class is not disappearing due to some I would argue this is being done not think represents the worst of special inevitable effect of forces beyond our to make things more efficient but to interest politics. control such as globalization and tech- I hope Senators will take an oppor- change outcomes. Quite frankly, the nology. In fact, the decline of the mid- tunity to exercise their authority as a outcome being desired is to make the dle class is primarily due to policy fail- Member of Congress and say: Whoa. union position stronger, not to make ures. We have failed to respond to our Time out. We don’t need to go down the system more efficient. That is what changing economy, while at the same this road. Let’s let people understand time we have allowed many of the happens. who will be representing them, let the I expect a Republican President to underpinnings of a strong middle class, people who are going to vote in an elec- nominate people to a board such as the such as a fair minimum wage, strong tion regarding unionization of the NLRB with a business background. I overtime laws, and defined benefit pen- workplace to have a meaningful under- expect a Democratic President to sions to disappear. standing of what they are about to vote nominate people to the NLRB and like One of the biggest factors in this on. There is no reason to shorten the downward spiral has been the decline of boards with maybe a more union back- process to 10 days. I doubt most of us American unions. As former Secretary ground. But I expect the Board not to would like our elections to be short- of Labor Robert Reich explained when take the agency and turn it into a po- ened to 10 days. litical organization and try to create This is not about reforming an elec- he testified before the HELP Com- by rulemaking what we can’t create by tion process that is broken. It is about mittee last year, when unions were legislating. That is what brings us here trying to change the outcome and skew strong, the middle class thrived and today. it to the benefit of one side versus the our country prospered. In the mid- The whole complaint filed by the ma- other. Again, the rulemaking is not 1950s, more than one-third of all Amer- chinists union in Washington, taking necessary. This is a chance for a Mem- ican workers in the private sector were that complaint up that the move to ber of Congress to stand and say no to unionized and the unions demanded South Carolina was somehow in retal- the unelected side of government at a and received a fair slice of the Amer- iation against the union in Washington time when somebody needs to say no to ican pie. Nonunionized companies, when no one lost their job in the State them. fearing their workers would otherwise of Washington and no one’s pay was re- I just hope and pray we can get some want a union, offered similar deals. As duced I think was taking the NLRB bipartisan support for this because employers boosted wages, the higher into an area it has never gone before. Senator ENZI has done a very good job wages kept the machinery of our econ- This is just a continuation of that of trying to explain to the Senate and omy going by giving average workers pattern and this is not good because to our conference as a whole about more money to buy what they pro- the unelected aspect of our govern- what awaits the American workforce if duced. That is what the former Sec- ment, the NLRB and similar agencies, this rule is changed, why it is unneces- retary of Labor Robert Reich said. has a lot of sway over our economy. At sary. It is not about reforming a bro- But now, unfortunately, that produc- a time when we are trying to make ken process; it is trying to get an out- tive cycle has broken down. Workers sure we create jobs in America and come where one side benefits versus have lost their unions, and they don’t make it easier for people to locate the other. have money in their pockets to spend their companies here, proposals such as I just hope my colleagues on the and help grow the economy. That is this are undercutting what we need to other side of the aisle will look at this costing us the jobs and holding back be doing. as an opportunity for Congress to our economy. This is an unprecedented move. This speak against the excessive rule- There are lots of reasons for the de- kind of breathtaking change in the making and what I think is an abuse of cline in unions, but I think again this rules has only happened, I think, two a process. chart which I showed yesterday is in- or three times, and this was proposed With that, I yield, and I appreciate structive. If we look at the chart, from as Mr. Becker was on the way out. Con- very much the leadership of Senator 1973 to 2010, we will see, first of all, in gress, under the Administrative Review ENZI. the green line is the number of workers

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Look Everyone should read it. It is called tion center before or after their shifts. how it tracks it. So as union member- ‘‘Confessions of a Union Buster.’’ He Workers grew too scared even to accept ship and collective bargaining has de- described his strategy as ‘‘[c]hallenge union materials that their fellow work- creased, the middle class share of na- everything . . . then take every chal- ers handed out outside of the plant tional income has decreased also, al- lenge to a full hearing . . . then pro- gates. Attendance at general meetings most parallel. Again, lots of reasons, long each hearing’’ as long as possible, and organizing committee meetings but I think a big one is the broken then ‘‘appeal every unfavorable deci- fell sharply over the months leading up union election process. It has become sion.’’ The consultant explained that to the election. After facing 21⁄2 months so riddled with abuses that people are ‘‘if you make the union fight drag on of intense anti-union campaigning, giving up on it altogether. As I men- long enough, workers . . . lose faith, workers voted against union represen- tioned in my remarks yesterday, the lose interest, lose hope.’’ Let me repeat tation by a margin of two to one. number of union representation elec- that. This is from an anti-union con- About 3 months before that, over 65 tions has declined by an astounding 60 sultant who wrote this book called percent to 70 percent of the workers percent between 1997 and 2009. When ‘‘Confessions of a Union Buster,’’ and had signed a petition to form a union, workers do file for an NLRB election, he said, ‘‘if you make the union fight but less than 3 months later, they 35 percent give up in the face of ex- drag on long enough, workers . . . lose voted two to one not to have a union. treme employer intimidation and with- faith, lose interest, lose hope.’’ The NLRB has put in place reason- draw from the election before a vote is The impact on workers is clear. In able rules to limit the kind of game even held, and that is after they have 2000, workers at Dillard’s distribution playing that the workers from Dillard’s already signed the card to petition for center in Little Rock, AR, began ef- experienced. The NLRB hasn’t tried to the NLRB to have an election, one- forts to organize a union with the advantage or disadvantage workers or third of them never get to an election. Union of Needletrades Industrial and stop employers from spreading their The rule we are discussing today can- Textile Employees, UNITE for short. message. All the board has done is send not solve all of these problems, but as The campaign involved a unit of be- a clear message to employers. They I said yesterday, it is a step in the tween 500 and 600 workers employed as cannot abuse the process to buy them- right direction. It addresses some of pickers, packers, forklift drivers, load- selves more time to intimidate their the most abusive situations where un- ers, other warehouse workers, many workers. They get a fair period of time scrupulous companies are manipu- making just over the minimum wage. to convey the message, and then the lating the process and creating delays Dillard’s management began talking workers deserve their day at the ballot so they can buy more time to intimi- with workers about the union almost box. date workers. immediately after workers began sign- This is not the radical act of an out- The primary way management can ing cards—before the petition was even of-control board. It won’t even affect cause delay is to raise challenges at filed. Aware that the company was most employers, union or nonunion, the preelection hearing. Some of these likely to quickly escalate its cam- one bit. As I pointed out yesterday, 90 disputes, such as challenging the eligi- paign, UNITE, the union, filed an elec- percent of all of the petitions that are bility of an individual voter, can cer- tion petition in the spring of 2000, a filed succeed without having NLRB tainly wait until after the election to input anyway. Management and work- be decided. That is what we do in elec- couple of weeks after it began meeting tions across the country. If a voter’s with workers. At the time it filed for ers get together and work things out. eligibility cannot be confirmed, they the election, UNITE had signed union But it is in those 10 percent of compa- vote a provisional ballot until their eli- authorization cards from 65 to 70 per- nies that go on this massive campaign gibility can be verified. We don’t stop cent of the workers to join a union. to intimidate and frighten workers, an election from happening until every Well, what happened? Soon after the that is what this rule is aimed at. voter’s eligibility can be confirmed. We union filed the election petition, the Preventing abuses of our laws that don’t do that. If there is a challenge, company began holding mandatory keep workers from having a union is a they vote a provisional ballot and after captive audience meetings and one-on- small step in the right direction to the election they see whether they one meetings with all workers. Basi- help putting the middle class back on were qualified to vote. Some of these cally threats were made that if the track. challenges are downright silly, but union were to succeed, the distribution When I talk about this, a lot of peo- they have their intended effect, and center might lose its competitiveness ple say, well, isn’t it against the law that is to delay. and be forced to shut down. for management to fire workers for In 2002, one employer raised a The employer also launched legal union activities? And I say, yes, it is. preelection challenge arguing that the challenges to the workers’ petition. But what is the penalty? The penalty is International Association of Machin- Get this. The management claimed basically nothing. ists was not a ‘‘labor organization’’ that all professional and white collar I pointed this out yesterday, and I within the meaning of the statute. The workers should be in the election will say it again. There was a young NLRB actually held a hearing on this unit—even those at the corporate head- man in Iowa who had been organizing a question and, of course, found that the quarters in a separate building adja- union and was fired. He filed a petition machinists who had been representing cent to the distribution center. with the NLRB and it took him about workers since 1888 are indeed a labor Well, the company forced a dispute 3 years to settle the case. He found out union. But the election was delayed by that took months to resolve. The com- that he had been fired because of union a month to address that one issue. pany didn’t want the white collar activities and the penalty for the com- Some anti-union consultants bragged workers in the union, but by chal- pany was to give him all of his back openly about their ability to abuse the lenging it and saying they should be in pay minus whatever he earned in be- process and create delays. One union- it, forced the NLRB to have a hearing tween. busting law boasted on its Web site that took months to resolve. How many people can go for 2 or 3 how a 27-day hearing contributed to a The company took advantage of this years and not take care of their family 5-month delay between filing of a peti- delay to continue its anti-union cam- and pay their mortgage and pay to put tion and the election at a Massachu- paigning. It isolated union supporters food on the table without having a job? setts hospital organizing drive. by excluding them from captive audi- So, of course, that intervening time Why is delay so important to man- ence meetings and changing their this person had to work, all the wages agement who do not want to bargain in shifts or job locations. It distributed were subtracted from whatever the

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As I mentioned, the NLRB, so there is no penalty for the way it ought to be in our country. the first rule has been struck down al- the employers to do that. We should not cut off the right of ready by Federal courts because it So, again, allowing our labor laws to people to actually file a complaint if went far beyond the agency’s author- be abused is a policy choice. As I said they have a complaint. The duty of the ity. This ambush elections rule is also in the beginning, a lot of the reason for NLRB is to investigate and to take being challenged in the courts, but it is the decline of the middle class in into account all of the factors before set to go into effect in less than a America is because of policy choices they issue any findings. But that never week—on Monday, April 30—and that is that are made here. We have tolerated happened in that Boeing case because why the Senate must act today to stop these policy choices for far too long, Boeing is a good business. Boeing is the National Labor Relations Board these abuses. Working families have one of our great businesses in this from stacking the odds against Amer- suffered as a result; union membership country and does a lot for America. So ica’s employees and small businesses. has declined. As I pointed out, the you get the good businesses, and the During yesterday’s debate, both sides number of workers covered by collec- Machinist Union is a great union, and got to air their concerns. I wish to re- tive bargaining agreements has de- they worked it out. That is the way spond to some of what I heard. clined, and the middle class has de- things ought to be done, and 9 times There was much talk about the 90 clined right along with it. There is out of 10 that is the way it happens. percent of elections that go forward much more we need to do to move What we are talking about here is under mutual agreement. The argu- these trends back in the right direc- the rules for NLRB to take care of ment was that because both sides were tion. those bad actors who are out there, and able to come to an agreement and be- I recently introduced a comprehen- to give people who want to form a cause the wide majority of elections sive bill, the Rebuild America Act, that union at least a level playing field occur in a timely fashion, parties I think presents a bold agenda for re- without having all of these abuses and should not mind losing their rights to storing the American middle class. delays and intimidations and things raise issues prior to the election. This That agenda—everything from invest- like that. argument is turning the concept of ing in the infrastructure to job retrain- That is what the issue is about, and coming to agreement on its head. Yes, ing, better educational benefits, better hopefully this afternoon we will have a it is true that 90 percent of elections pensions, raising the minimum wage— good, affirmative vote to uphold the occur under mutual agreement and also has restoring the right to form a ability of the National Labor Relations occur in 38 to 56 days, but that is pre- union to workers who have been un- Board to issue this ruling. cisely because both sides have the abil- fairly denied this basic freedom. It I yield the floor. ity to raise issues of concern, such as would provide real penalties for em- The PRESIDING OFFICER (Mr. which employees belong in the bar- ployers who abuse and fire workers to MANCHIN). The Senator from Wyoming. gaining unit, and have them resolved. bust unions and would try to restore Mr. ENZI. Mr. President, I yield my- In other words, both sides have incen- real voice for the people who do the self such time as I may consume. tives to make fair requests because the real work in this country. I wish to continue the debate a little other side has the leverage of exer- I hope that once we vote today and bit on the Boeing situation because the cising the right to contest. When all of uphold the NLRB’s eminently sensible company was creating 2,000 additional these rights are taken away and an actions, we can move on and have a jobs—reducing none but creating 2,000 election is scheduled in as few as 10 real debate about some of these impor- additional jobs—in South Carolina at a days, the result will be that less mu- tant ideas about restoring the middle new plant. The NLRB general counsel, tual agreement occurs. class in this country and building an who was not confirmed by this body, The National Labor Relations Board economy that works for everyone. went ahead and decided to investigate has taken a process that is working I was listening to the comments and work on a complaint and created a well and becoming swifter year after made by my good friend from South lot of concern for 2,000 employees who year and turning it into a contentious Carolina, and he alluded to the recent didn’t know whether they would be process where the small business em- situation with a complaint filed with able to work. The case actually wasn’t ployer side feels entirely ambushed. If the NLRB by the attorney for the settled. the National Labor Relations Board NLRB. A year or so ago the general I think the National Labor Relations were truly intending to address the counsel’s office filed a complaint with Board realized they had made a mis- small minority of cases where long the NLRB that the Boeing company in take and, because of the national con- delays do occur, they should have Seattle had retaliated against its troversy it created, actually withdrew drafted a rule that addressed only workers for union activity, that type of the case even though it could have those cases. thing. The fact is the NLRB—the body taken about 3 or 4 years through the Yesterday both Chairman HARKIN my colleagues are attacking today— courts to take care of it, and we cov- and I quoted Presidents from each oth- never acted on that. The company and ered that situation in one of the hear- er’s parties. I quoted John F. Ken- the workers settled it. Isn’t that what ings Senator HARKIN asked for. I nedy’s statement during labor law de- we want? But somehow to listen to my thought the company did an out- bates in 1959 when he was a Senator friend from South Carolina, he is say- standing job. here saying: ing he is even opposed to letting the What we are talking about today re- There should be at least a 30 day interval general counsel file a complaint. Well, lates a little bit to that because the between the request for an election and the that takes away the basic right of any- South Carolina folks decertified in the holding of the election. one to have their grievances heard. So small window they had, which says He went on to say: I hope that is not what my friend from they weren’t pleased with what they The 30-day waiting period is an additional South Carolina meant. I want to point had been handed. safeguard against rushing employees into an out that I think there was a lot of So some of these discussions are ex- election where they are unfamiliar with the abuse of the NLRB during that process tremely important, and the time to do issues. even though the NLRB was doing ex- those is extremely important. So today I agree that one of the most impor- actly what we told them to do: Take we are renewing this debate on S.J. tant reasons for a waiting period is for into account all of the factors, look at Res. 36, the Congressional Review Act the employees to learn more about the all the evidence before you make a de- Resolution of Disapproval to stop the union they may join. This is in fairness cision. That is what they were doing National Labor Relations Board’s am- to the employee.

VerDate Mar 15 2010 01:11 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.013 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2620 CONGRESSIONAL RECORD — SENATE April 24, 2012 In many cases, the election petition President can veto it, because he is in deter workers from forming a union. is the first time some employees have charge of the side that created the That intimidation is unacceptable. We ever heard about the union. They want rule. But our job should be to take a should do everything we can to stop it. to know what the union’s reputation is look at these things, decide if they are Second, the delays themselves are in- for honesty, keeping their promises, right or wrong, and if they are wrong, tolerable. Some of those delays are treating members well, and working to vote against them as part of the years—as long as 13 years in some in- well with the employer to make sure process. stances—and the gap in time discour- the business stays in business. Once a So I think many will be joining me ages or deters the exercise of rights union is certified, it is very difficult on this resolution of disapproval—at that are guaranteed under the law. for employees to vote it out if they de- least I hope they will. That is our job So this new rule is simply to mod- cide to. Employees are barred from pe- and our right. ernize the process, end intimidation, titioning for decertification for a full I yield the floor and reserve the re- and make sure that rights are made year after the election and barred as mainder of my time. real, in real time, so that employees well throughout the term of the collec- The PRESIDING OFFICER. The Sen- can exercise those rights without any tive bargaining agreement. ator from Iowa. discouragement from employers. Employees should have a chance to Mr. HARKIN. Mr. President, I yield Are the employers free to commu- understand that once they unionize, whatever time he may consume to my nicate with workers? Of course they they will no longer be able to negotiate good friend the Senator from Con- are. The rights of communication on a raise individually with their em- necticut. the part of the employers are not ployer. Exceptional performance will Mr. BLUMENTHAL. Mr. President, I eliminated by any means. Are they not be rewarded, and grievances cannot join the distinguished leader of the still part of the process? Yes, indeed, be brought straight to the employer committee on Health, Education, employers remain a part of the process but will instead have to go through the Labor, and Pensions in opposing S.J. if they wish to be. The effort here—in filter of union officials. Res. 36 and supporting the National fact, as one of the employers who sub- Chairman HARKIN quoted former Labor Relations Board rule that would mitted comments to the NLRB said President Dwight Eisenhower. I very simply modernize the process that quite pointedly—from Catholic haven’t had a chance to look up the workers use to decide whether they Healthcare West, a health care com- quote’s context, but the gist of it was want to form a union. pany with 31,000 employees, in its com- that only a fool would oppose the right Right from the start, let’s be very ments: ‘‘Reforms proposed by the of an employee to join a union. My clear about what is at stake. It is a NLRB are not pro union or pro busi- comment on that is that a vote for this rule that the National Labor Relations ness, they are pro modernization’’ and resolution does absolutely nothing to Board has formulated pursuant to the will ‘‘modernize the representation diminish the right of any employee to Administrative Procedure Act set by election process by improving the form a union. This resolution will not the Congress of the United States after board’s current representation election change the law one bit. If we are able comment that was solicited from all of procedures that result in unnecessary to stop the ambush elections rule, the relevant stakeholders and people delays, allow unnecessary litigation, union elections will still occur in a me- who would be affected by it, and they and fail to take advantage of modern dian of 38 days, with nearly 92 percent are rules that are long overdue because communication technologies.’’ occurring in 56 days, just as it is now. of the inconsistency and delays that That quote from an employer really And I would even venture to guess that are endemic to the current process. says it all. the unions will continue to win the ma- As I travel around the State of Con- Some of the litigation is not only jority of elections. Last year they set a necticut and I hear from people around against the interests of employees, it new record by winning 71 percent of the country, I consistently hear about also is costly to the employers, espe- elections. That is under the old rule. problems that exist under the present cially when it fails to succeed. It cre- So a vote for this resolution may process for choosing a union. This rule ates uncertainties for other employers, please both those former Presidents, does not determine the outcome; rath- and it can block representation and whom we all admire, and forcing a fast er, it simply modernizes and improves lead again to unnecessary delays. election—an ambush election—may ir- the process, and it does it by a rule- This rule has an impact on real peo- ritate employees into a negative vote. making process that is consistent with ple in Connecticut and around the Now, I know the President issued a and pursuant to the Administrative country. To give you a couple of exam- policy on this that says that if it Procedure Act, which is the way the ples, registered nurses who are at a comes to his desk, he will veto it, and Congress has said it should be done. In number of the hospitals in Connecticut that is his right. I checked the Con- fact, it adopts the rulemaking proce- have come to me about the need to re- stitution. The Constitution says we are dure rather than doing it by individual form this process. Members of the em- an equal branch of government with cases, which is the way the U.S. Su- ployee workforce at T-Mobile, for ex- the President. We do not serve for the preme Court and the courts of appeal ample—Chris Cozza, a technician at T- President, we serve with the President. have said to the Board it should do Mobile USA in Connecticut, joined That could be a quote from Senator more often. So, far from raising con- with 14 colleagues, came to me to re- Byrd, who used to sit at that desk and stitutional questions or issues of proce- count his experience. He filed for union pull out his copy of the Constitution dural lack of process, the NLRB has representation with the support of the and point out that the President gets acted in accordance with the will of the Communications Workers of America, to do what he wants to do, but we have Congress and the Constitution in for- the CWA. He experienced problems of a responsibility to do what we need to mulating this rule. exactly this kind because his rights do. Why is it necessary? Well, for one were delayed and thereby almost de- In this case, one of the administra- thing, there are 34 regional offices of nied. When T-Mobile USA filed a claim tive branches is overreacting—doing the National Labor Relations Board, that officially challenged the status of something it should not do—and we and each of them has different policies the CWA as a labor organization, he need to say no. If it gets to the Presi- and practices for processing election could see—Chris Cozza and all of us dent’s desk and he vetoes it, that is his petitions. We are talking about peti- could see—that clearly CWA is a labor part of the process, although I think tions that are submitted by workers organization. This tactic was simply a that when the law was written, it who want to form a union and can do delaying one, and the NLRB rule would should have been that if Congress, so by election when at least 30 percent prevent the kind of frivolous chal- which passes the law and grants rule- of those employees send the petition to lenges and frivolous litigation that oc- making authority, disagrees in the the NLRB. The gap in time is an oppor- curred there. Senate and the House, that ought to be tunity for intimidation by unscrupu- Let me conclude by saying, as has the end of it. It ought to be the end of lous employers. Fortunately, they are been said already, this rule is neither a rule or regulation. It shouldn’t be the a small minority of employers—but prounion or proemployer. It is simply beginning of the process where the they exist—who wish to discourage or profairness. It is antidelay,

VerDate Mar 15 2010 01:11 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.014 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2621 antifrivolous litigation, and it is we are moving it from 38 days down to will have on labor issues this Congress. profairness in the workplace. 10 days, I can see where they would We need to let the National Labor Re- Mr. President, I yield the floor. want it in 2 days instead of the 7 that lations Board know that their duty as The PRESIDING OFFICER. The Sen- has been normal. The expanded infor- a Federal agency is to be the referee ator from Wyoming. mation that the National Labor Rela- and decide what is fair for the parties Mr. ENZI. Mr. President, I yield my- tions Board wants employers to give to involved based on the clear facts of the self such time as I might consume. unions includes all personal home case. Their job is not to tip the scale in The ACTING PRESIDENT pro tem- phone numbers, cell phone numbers, e- favor of one party or another. Tipping pore. Without objection, it is so or- mail addresses that the employer has the scale is exactly what the National dered. for each employee. It also would de- Labor Relations Board is doing with Mr. ENZI. Mr. President, one of the mand work location, shift information, the ambush elections rule. Congress things I have been checking on here is and employment classification. needs to step up and say ‘‘no’’ to the the statement that was made earlier Let’s consider this for a moment. The overbearing and burdensome nature of that one in five people get fired for National Labor Relations Board wants these regulations coming out of so- working on organizing. That statement to give employers 48 hours to turn over called independent agencies. You can is based on a phone survey of union ac- information of employees who are eli- do that by voting for my joint resolu- tivists for their estimate if an em- gible to vote, despite the fact that the tion, S.J. Res. 36. ployee is terminated during an orga- employee’s eligibility may not even be Mr. President, I yield the floor and nizing drive. It is not based on fact. determined at that point because of the reserve the remainder of my time. The fact is, unions only filed objections ambush elections rule, the elimination The PRESIDING OFFICER. The Sen- in approximately 1.5 percent of the of this preelection hearing so those ator from Iowa. elections, and that number includes ob- sorts of things can be worked out as to Mr. HARKIN. Mr. President, a couple jections based on many issues other who is exactly going to be covered. In things. I keep hearing it stated that: ambush than employee terminations. essence, an employer will be forced to elections. I want to point out, there is Under the current law, it is illegal to turn over personal information of em- no timetable set in these rules—none terminate or discriminate in any way ployees who may not even be in the whatsoever. I keep hearing: 10 days and against an employee for their union ac- bargaining unit. The rule even would 7 days and all that. That is not set. tivities. If this occurs during an orga- have required that the employer alpha- There are no timetables at all. As I nizing campaign, the National Labor betize the lists. pointed out, 90 percent of NLRB elec- Relations Board is required to rerun The threat of this new invasion of tions are conducted under voluntary the election since it created an unfair privacy is very alarming to most peo- agreements between the parties, and election. This occurs in about 1 percent ple. The purpose of the information is of all elections and has been decreasing those procedures are unchanged. so the union organizers can come to The current median time right now in recent years. I would expect that to your home, call you, e-mail you, find between when a petition is filed and increase in succeeding years if this rule you outside your work location and when an election occurs is 37 to 38 passes because this is an attack on catch you before and after shifts. There days. Jackson Lewis, the Nation’s big- small businesses and the small busi- is no prohibition on how many times gest management-side law firm, said nesses will not have the necessary in- the organizers can contact you or at that—their attorney Michael Lotito formation to know what is legal and il- what times. There is no ‘‘opt out’’ for told the Wall Street Journal he thinks legal, especially if they only have 10 those employees who simply do not the time under these rules would be days to get their act together. want to be contacted. And there are no shaved to between 19 and 23 days. Joe The National Labor Relations Board protections in place to ensure that the Trauger, vice president of the National can go even further if they believe a information does not go astray. Association of Manufacturers, says the fair election is not possible. They can While a large part of this debate cir- elections would be held in 20 to 25 days certify the union, regardless of the cles around the shortened election time under the new rules—hardly an ambush vote, and order the employer to bar- and what that means for employers, election. gain. with good reason, I do not want us to The other issue I want to briefly I have information on some of the forget what this new rule could mean mention has to do with the contacts— studies that have been done on this, to the privacy of employees. Sup- contacting and the right of privacy I and the number does not come out porters of expanding the information heard here. Right now, the only way a nearly that high. Of course it is ter- provided to the unions claim the Na- union can contact people is at their rible if there is even one person who is tional Labor Relations Board is merely homes—at their homes. The only infor- fired for organizing activities but there modernizing this standard. In this time mation the union is allowed to get is recourse that can be done. of Internet scams, identity theft, on- after the petition is filed is the ad- I want to raise an important privacy line security breaches, and cyber bul- dresses of the workers, their home ad- issue that has come up as part of the lying, protecting personal information dresses. What the Board is consid- National Labor Relations Board’s am- is not something to be taken lightly. ering—but has not implemented—is al- bush elections rule. One section of the Union elections can be a very intense lowing unions to have access to e-mail initial proposed regulation concerned and emotional experience for employ- addresses and/or phone numbers. Well, the private information of employees. ees and employers alike. The last thing it seems to me that is a lot less intru- It raised so much concern that it was we want is for an individual’s personal sive than going to someone’s home. dropped from the final rule. However, information, such as an e-mail address, Now, again, it is much harder, obvi- the National Labor Relations Board to be used as a harassment or bullying ously, for a union organizer to go to a Chairman has publicly stated that he tool by an angered party. home. People go to their homes. They plans to push this and other dropped I want my colleagues to know what are with their families. They have provisions into law later this year, now is at stake in this debate. A successful their children. They are busy. That is that President Obama’s so-called recess Congressional Review Act petition also more intrusive than e-mailing them, it appointments have created a full prohibits an agency from proposing seems to me. So I would hope we would board. any ‘‘substantially similar’’ regulation look upon the possibility that they Under the current law, employers are unless authorized by Congress. There- might say that having their e-mail ad- required to provide employees’ names fore, by supporting my joint resolu- dresses and phone numbers is less in- and addresses within 7 days once an tion, we could put a stop to the Board’s trusive than going to their homes. election is set. The proposed rule would future attempt to force employers to But that is not part of these rules not only expand the type of personal hand over more personal employee in- whatsoever. They would still have to information that an employer must formation. contact them at their home, and the turn over, but would require that infor- I urge all my colleagues to support only information the employer would mation to be turned over within 2 days this resolution of disapproval. This is have to give would be their home ad- of an election being set. Of course, if one of the most important votes we dresses.

VerDate Mar 15 2010 01:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.016 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2622 CONGRESSIONAL RECORD — SENATE April 24, 2012 Again, keeping in mind what these or whether they could not and whether 22, 2011, and published the final rule rules are—they are very modest rules. I that would even make a difference. only 6 months later on December 22, keep hearing that: Well, there have Again, if there were 100, let’s say, 2011. only been three rules since the Board who signed a petition to form a union, Considering the scope of the rule and was comprised in 1938. Quite frankly, and that was 50 percent of the workers how much attention it garnered from the Supreme Court and appeals courts out of 200, and the employer was chal- stakeholders, it is absurd to think that have said, time and time again, they lenging 5 of those, well, as it is now a Federal agency could promulgate a should do rulemaking because it is they could challenge those 5, have a rule that would have such a major ef- open, it is transparent, parties get to hearing, appeal the hearing, appeal fect on all employers, in only 6 months. be heard. So I think this Board is being that, and just keep appealing it. As evidence of how critical this rule’s more open and more transparent than Well, the rules would say, OK, they impact will be on stakeholders, the any Board before it. can say those 5 are not part of it, their Board received 65,957 comments. Let This is not anything overwhelming, ballots would be set aside, and they me repeat that. The Board received but it is a step in the right direction to would have the election. If the election 65,957 comments during the 60-day com- make sure we level the playing field was, let’s say, 150 to 20 that they want- ment period. That is an astounding and we do not have these undue delays ed to form a union, those 5 would not number. where the management can intimi- make a difference one way or the To compare, the Board’s previous date—intimidate—and I gave some ex- other. If, however, the election was rulemaking on its notice posting re- amples of it, and I have a whole ream very close and those 5 would make a quirements garnered a little more than of examples of where management has difference, then the results would be 6,000 comments. On November 30, 2011, delayed and delayed and delayed in held in abeyance until such time as it the Board voted to move toward final- order to intimidate workers so they is determined whether those 5 so chal- izing a new amended proposed rule. The would eventually vote not to form a lenged were part of that bargaining reason for this new amended rule was union. unit or not. clear: The Board was going to lose its Again, an employer has the right to To me, this is a much more fair and quorum at the end of the congressional communicate to their employees all decisive way of moving ahead rather session in late December 2011. day long—in captive audiences, one-on- than these constant delays and intimi- What continues to astonish me is one meetings with supervisors. The dations that go on right now in some of that the Chairman claimed his staff union can only contact the worker at the places—not all, not all, but in some read each of the 65,957 comments, that worker’s house, in the evening or of the places. It is like a lot of times twice, in such a short period of time. In on a weekend. So already the employer we pass laws not because there are, rushing to finalize the ambush elec- has much more opportunity to con- let’s say, broad-based incursions on a tions rule, the Board discarded several verse with and to get its views known person’s freedoms or certain things we well-established internal procedural to its workers than the union has— want to address, but a lot of times we precedents as well. For example, until much more, all day long, at the job, on pass laws because there are a few bad the ambush election rule, the Board did the job, through supervisors, one-on- actors out there one way or the other not advance a major policy change one contacts, group meetings, over the and we want to make sure those bad without three affirmative votes. This loudspeaker, whatever it might be. So actors are not able to act unreason- was a major policy change. already there is much more ability for ably, kind of in violation of what was They never did it without three af- the management to weigh in on this intended by the National Labor Rela- firmative votes, whether through rule- than it is for the union. tions Act. making or a case decision. This was The one thing we are trying to do So that is what they are all about. not the case in the ambush elections with these rules is to say: Fine, you They are very modest and, I think, rule where only two members voted in can continue to do that. There will lend themselves to a much more rea- favor of finalizing the rule. Further, still be that disparity between the abil- sonable path forward in union orga- the Board rejected the tradition of pro- ity of management to communicate to nizing and voting. viding any dissenting member at least the workers and the union to commu- I ask unanimous consent if there is a 90 days to produce an opinion. Instead, nicate, but what these rules are saying quorum call that both sides be charged Chairman Pearce offered to publish a is, fine, you can do that, but you can- equally on the time. dissent after the final rule was pub- not continue to do it month after The PRESIDING OFFICER. Without lished. The process the Board used to month after month and wear the work- objection, it is so ordered. promulgate the ambush elections rule ers down and intimidate them, make The Senator from Wyoming. was rushed through for no good reason. them afraid of losing their jobs. And if Mr. ENZI. Mr. President, I yield my- Yet in the process it decided to discard you fire one person for union orga- self such time as I may use. years of Board precedent. nizing, that sends a chill across every- The PRESIDING OFFICER (Mr. I should also mention one of these body else. You say: Well, but that is il- TESTER). Without objection, it is so or- people, one of the two who voted for it, legal. Well, it may be illegal, but as I dered. not three—one of the two who voted for have pointed out, time and time again, Mr. ENZI. Mr. President, I do want to the rule, and there were two who voted there are no penalties for that. It may talk about this open and fair, trans- for it—was a recess appointment be- be illegal, but there are not much pen- parent process that was just referred cause they knew this body would not alties for that. Management can al- to. Much has been said about the stand for that person with the radical ways find some excuse—that they may flawed policy behind ambush elections views he held, actually claiming before have fired someone for something other we are discussing on the Senate floor. his appointment that he would cause than union activity, but everyone But I want to spend a few minutes dis- this sort of a thing to happen; that he would know that person was fired be- cussing the rulemaking process that would even be able to institute, cause that person was trying to orga- was followed or not followed for that through Board procedures, card check. nize a union. matter by the National Labor Rela- Now, that is a pretty radical state- We are saying you cannot just con- tions Board. ment, and that alone was keeping him tinue to drag these things out month While the other side portrays the opposed by both sides of the aisle. after month after month. The proposed changes as moderate, make no mistake There were people on both sides of the rules simply say we will have elections, about it, this new rule greatly alters aisle who opposed card check. and if there are challenges, if there are the election system, especially should So two people voted for it; one person challenges by the management as to Chairman Pearce be able to finalize the voted against it. That person was not who can vote in that election, then more controversial provisions that allowed the right to put in a dissent those challenges would be held until were previously proposed. This entire opinion. That is wrong. That is not after the election and then see whether rule took under 1 year to complete. open and transparent. those individuals so challenged were The National Labor Relations Board Now I would like to talk a little bit really part of that unit and could vote introduced the proposed rule on June about the targeting of small business

VerDate Mar 15 2010 01:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.017 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2623 this regulation does as well. All of our By unjustly curtailing an employer’s labor union membership than creating States have a lot of small business. ability to convey their point of view, jobs. Small business is the backbone of job ambush elections deny employees the We have to create jobs. We cannot creation in this country. We need to opportunity to hear both sides of the continue to pick on the small business- make sure that process can still follow. argument on unionization. man and put him at a disadvantage. Once a petition for representation is The small business employer is also This is a rule that is looking for a submitted, the current median time- at a disadvantage because the union or- place to act. It is not one that was frame for a union election to be held is ganizer will be in a position to set up needed or requested other than by 38 days. That is the median time. The the election to his best advantage, es- labor organizers. I think it will have ambush election rule would shorten sentially cherry-picking union sup- repercussions. So I would ask everyone that timeframe to as few as 10 days. porters before the election process be- to vote for the resolution of dis- For small business owners, with the gins. The organizers will have had lim- approval so this does not go into effect, range of company responsibilities and itless amounts of time to analyze although we have been promised, of limited resources, this puts them at a which employees could be argued to be- course, a Presidential veto if it makes severe disadvantage. Most small busi- long in the bargaining unit, which may it to his desk. ness owners are not familiar with com- qualify as supervisors, and who is most But that is Congress. We have the plex labor laws they have to adhere to likely to support a union. right to say we do not think the rule is during the representation election With ambush elections, the National right. The President has the right to process. For example, they may not be Labor Relations Board will impose the say his administration is right and aware that certain statements and ac- election before the employer has an op- veto the law. But we have to make that tions could result in the National portunity to even question those as- statement, and we have to make it on Labor Relations Board imposing a bar- sumptions, especially since we have behalf of small businesses and employ- gaining obligation without a secret significantly restricted the one tool— ees. ballot election. They can declare the the preelection hearing—that the small A lot of this has to do with employee election over. Furthermore, most small businessman would have to question fairness and giving them the time to businesses do not have the resources to who is in and who is out. figure out what the union will do with employ in-house counsel or human re- According to a recent Bloomberg them and for them and to them. source professionals familiar with study, unions win 87 percent of secret I yield 3 minutes to the Senator from these laws. ballot elections held 11 to 15 days, com- Alabama for morning business, as I un- So holding an ambush election in as pared to a 58-percent rate when elec- derstand it. few as 10 days does not provide small tions are held 36 to 40 days. By short- The PRESIDING OFFICER. The Sen- business owners with enough time to ening the election timeframe, labor ator from Alabama is recognized. retain a competent labor attorney, unions will undoubtedly win more rep- POSTAL REFORM consult with them, and then ade- resentation elections—perhaps. The Mr. SESSIONS. Mr. President, I quately prepare for an election. I have perhaps is that they may really irri- thank the Senator from Wyoming for given the reasons before why it is un- tate the employees and win less of his thoughtful remarks on this impor- fair to the employees. But it is also them. The way that it is held in 11 to tant subject. I hope our colleagues are very unfair to a small business owner 15 days is when the employer and the listening. because their day-to-day responsibil- employees agree on all of the issues Later today, I will offer a budget ities range from sustaining a competi- and get the election to move forward. point of order on the postal bill. It adds tive product, to managing personnel, to So it can happen in a short period of $34 billion to the debt. It violates the balancing the books at the end of the time right now. Otherwise, the median agreement we reached last August, in day. I know. I have been there. I had a time would not be 38 days. which we said there would be limits to shoe store. They have to do all of those But I think this rule will alienate how much debt we would increase and things. those people who have been getting to- how much spending we would increase. The definition by the Federal Gov- gether and arriving at these agree- The first big bill coming down the ernment for a small business is 500 or ments. So for small business owners, pike adds $34 billion. Every penny of less employees. In Wyoming that would the surge of union bargaining obliga- the new spending is added to the debt. be a big business. My definition of a tions means a less flexible workforce, There is no offset to it. Those of us who small business is where the owner of increased labor costs, and fewer oppor- supported the concept of a limitation the business has to sweep the side- tunities for job creation. And they are on spending—and I didn’t think it lim- walks, clean the toilets, do the ac- the job creators. ited it enough last summer, but many counting, and wait on customers—and The National Labor Relations Board thought it did, but agreed to that definitely not in that order. So those is only creating more uncertainty for limit—have to know this. When I raise day-to-day responsibilities to keep the small business at a time when the that budget point of order, somebody business competitive take a lot of country needs them to focus on cre- will probably rise and ask for a vote to time, and given such a demanding ating jobs. Small businesses account waive the budget, waive the limita- schedule, it takes time for a small for over half of the jobs in the private tions on spending and debt that we just business owner to fully understand the sector and produce roughly one-half of passed last August. pros and cons of unionization. It takes the privately generated GDP in the We need not kill reform of the Postal even longer for a small business owner country. In 2010, small businesses out- Service. We need to send this bill back to communicate these points to their paced gross job gains of large busi- to the committee and let them produce employees. nesses by 3 to 1. legislation that either spends not so Ambush elections make it As the National Labor Relations much or doesn’t spend money or, if logistically impossible for small busi- Board has publicly indicated, ambush they do spend money, pay for it ness owners to fully discuss the effects elections are only the beginning of a through cuts in spending that are per- of unionization with their employees, round of regulations aimed at making fectly available. partly because they will not even know it easier for unions to win representa- GAO has said there is over $400 bil- what those effects are, and neither will tion elections in American workplaces. lion spent each year in duplicative and their employees. Proposed regulations, such as requiring wasteful programs. We have GSA off in A union organizing campaign does small businesses to compile a list of Las Vegas in hot tubs on taxpayers’ not begin on the day an employer re- employee phone numbers and e-mails money. We could pay for this bill if it ceives a petition for representation. It and then handing them over to union is so important that we have to do it; typically starts months or even years organizers before an election are time if we don’t, that is what the vote would before, when professional union orga- consuming. They are costly. They are be. nizers start conveying their side of the extremely invasive. Furthermore, they I urge my colleagues to understand story to targeted small business em- are indicative of how this administra- the importance of it. Our Members who ployees. They work on it for months. tion is more concerned about boosting believed it was important to have a

VerDate Mar 15 2010 01:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.018 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2624 CONGRESSIONAL RECORD — SENATE April 24, 2012 limit on spending in order to gain a ter how unrealistic. Union organizers lobby medium manufacturers would be affected by debt increase last summer, increase the employees for months outside the workplace the rule’s time frames; employers will not debt ceiling, should vote against the without an employer’s knowledge, so these have the appropriate time to retain legal motion to waive because to do so—to ‘‘ambush’’ elections would result in employ- counsel, or to speak with workers about ees receiving only half the story. In an effort union representation. The reality is that vote for waiving the budget would un- to rush the election, the rule also robs em- union organizers are persuading workers for dermine, in the first real opportunity, ployers of free speech and due process rights. months outside the workplace without an the agreement we reached. In fact, under the rule, the NLRB could even employer’s knowledge; these ‘‘ambush’’ elec- I thank the Chair and reserve the re- conduct elections before it settles which em- tions would often result in workers’’ hearing mainder of my time. ployees would be in the union. How is a only one perspective on union membership. The PRESIDING OFFICER. The Sen- worker supposed to make an informed choice Workers would be made unrealistic promises ator from Wyoming. about unions in these circumstances? that can’t be kept and be offered guarantees Mr. ENZI. Mr. President, I ask unani- The median time from petition to election of benefits that unions have no way of at- without this rule is a far more reasonable 31 mous consent to have printed in the taining. If the employer does not have an op- days. The legislative record shows Congress portunity to explain their position and any RECORD three additional letters of sup- intended an election period of at least 30 possible inaccuracies that could be levied by port from the Motor and Equipment days in order to ‘‘safeguard against rushing the union, how can a worker make an in- Manufacturers Association and Na- employees into an election where they are formed and objective decision regarding rep- tional Council of Textile Organizers unfamiliar with the issues.’’ resentation? and the Building Owners and Managers The Building Owners and Managers Asso- For these reasons, NCTO urges you to vote Association International. ciation (BOMA) International is an inter- yes on S.J. Res. 36 when the Senate votes There being no objection, the mate- national federation of more than 100 local as- today. If left unchecked, the actions of the sociations and affiliated organizations. rial was ordered to be printed in the NLRB will fuel economic uncertainty and Founded in 1907, its 16,500-plus members own have serious negative ramifications for mil- RECORD, as follows: or manage more than nine billion square feet lions of employers, U.S. workers, and con- The Motor & Equipment Manufacturers of commercial properties. BOMA Inter- sumers. Association (MEMA) represents over 700 national’s mission is to enhance the human, Sincerely, companies that manufacture motor vehicle intellectual and physical assets of the com- CASS JOHNSON, parts for use in the light vehicle and heavy- mercial real estate industry through advo- President. duty original equipment and aftermarket in- cacy, education, research, standards and in- dustries. Motor vehicle parts suppliers are formation. On the Web at www.boma.org. Mr. ENZI. Also, there will be key the nation’s largest manufacturing sector, Again, on behalf of building owners and vote alerts from the Associated Build- directly employing over 685,000 U.S. workers managers across the country, I urge you to ers and Contractors, Associated Gen- and contributing to over 3.2 million jobs support S.J. Res. 36 and help rein in this out- eral Contractors, Brick Industry Asso- across the country. of-control agency. ciation, Competitive Enterprise Insti- MEMA urges your boss to support S.J. Res. Regards, tute, Heritage Action for America, 36 and help overturn the ‘‘ambush election’’ KAREN W. PENAFIEL, International Franchise Association, rule, which is part of the NLRB’s aggressive Vice President, Advocacy. and unchecked regulatory agenda. Parts International Warehouse Logistics As- manufacturers are very concerned by recent NATIONAL COUNCIL sociation, National Grocers Associa- unnecessary and unwarranted actions by the OF TEXTILE ORGANIZATIONS, tion, National Association of Manufac- NLRB that threaten employer-employee re- Washington, DC, April 24, 2012. turers, National Federation of Inde- lations as well as job growth and produc- DEAR SENATOR: I am writing on behalf of pendent Business, National Restaurant tivity. MEMA members strongly oppose the the U.S. textile industry and the nearly Association, National Roofing Contrac- NLRB’s ambush election rule which would 400,000 workers the industry employs. I am tors Association, National Taxpayers the president of the National Council of Tex- shorten the time frame during which union Union, the Retail Industry Leaders As- elections may be held, limiting an employ- tile Organizations and I urge you to support er’s ability to prepare for an election and an S.J. Res. 36 when it comes to a vote today. sociation, and the U.S. Chamber of employee’s opportunity to make an informed S.J. Res. 36 provides for congressional dis- Commerce. decision about joining a union. approval and nullification of the National I yield the floor and reserve the re- Please contact Ann McCulloch at Labor Relations Board’s (NLRB or Board) mainder of my time. I suggest the ab- [email protected] or 202–312–9241 with rule related to representation election proce- sence of a quorum. any questions. Thank you for your consider- dures. This ‘‘ambush’’ election rule is noth- The PRESIDING OFFICER. The ation. ing more than the Board’s attempt to enact clerk will call the roll. Sincerely, the Employee Free Choice Act through the The assistant legislative clerk pro- ANN WILSON, regulatory process and to deny employees Senior Vice President, and workers access to critical information ceeded to call the roll. Government Affairs, about unions. In addition, the ‘‘ambush’’ Mr. ENZI. Mr. President, I ask unani- Motor & Equipment election rule strips employers of their rights mous consent that the order for the Manufacturers Asso- to free speech and due process. The rule quorum call be rescinded. ciation. poses a threat to employers and workers The PRESIDING OFFICER. Without alike and needlessly interrupts an employ- objection, it is so ordered. BUILDING OWNERS AND MANAGERS er’s day to day business operation. Mr. ENZI. Mr. President, I yield up ASSOCIATION INTERNATIONAL, The National Council of Textile Organiza- to 10 minutes to the Senator from Washington, DC, April 24, 2012. tions (NCTO) is a unique association rep- Georgia, Mr. ISAKSON. Hon. MIKE ENZI, resenting the entire spectrum of the textile U.S. Senate, Hart Senate Office Building, industry. From fibers to finished products, The PRESIDING OFFICER. The Sen- Washington, DC. machinery manufacturers to power sup- ator from Georgia is recognized. DEAR RANKING MEMBER ENZI: The Building pliers, NCTO is the voice of the U.S. textile Mr. ISAKSON. Mr. President, I Owners and Managers Association (BOMA) industry. There are four separate councils haven’t been able to hear all the International urges you to support S.J. Res. that comprise the NCTO leadership struc- speeches, but I commend Senator ENZI 36, which will prevent the National Labor ture, and each council represents a segment on his detailed and eloquent expla- Relations Board (NLRB) from moving for- of the textile industry and elects its own of- nation on how we arrived where we are ward with its ‘‘ambush’’ election rule. The ficers who make up NCTO’s Board of Direc- today. rule is an attempt by the NLRB to enact the tors. Employee Free Choice Act through regula- NLRB statistics note that the average I wish to add a history lesson of my tion. The NLRB’s actions are detrimental to time from petition to election is 31 days, own to tell you my journey in terms of workers, businesses and our economy and noting that over 90 percent of elections take where we are. As a student in college in must be stopped. place within 56 days. NCTO strongly believes the 1960s, in business management, I Under the rule, building owners and man- that the current election time frames are learned a lot about the Industrial Rev- agers and the companies they do business reasonable, and permit workers time to hear olution, the labor revolution, the de- with could face an election held to determine from the union and the employer. The abil- velopment of labor unions and labor/ whether or not the employees want union ity to take into account the perspectives of management practices as they devel- representation in as few as 14 days after the management and the unions allows workers union files a petition. This would leave little to make informed decisions, which would not oped from the 1920s until the 1960s and or no opportunity to talk to employees be possible under the new ambush election now up until today. about union representation or respond to rule if allowed to go into effect. NCTO is par- It is absolutely correct that the play- any promises by union organizers—no mat- ticularly concerned about how our small and ing field was unlevel in the 1920s and

VerDate Mar 15 2010 01:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.020 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2625 1930s. It is absolutely true that we had tion through the Department of Labor, First of all, I wish to make it very poor working conditions, safety risks the National Labor Relations Board, clear that the NLRB has scrupulously were high, and wage-an-hour issues the National Mediation Board, and a followed all legal and procedural re- were debated. There was a place and an plethora of other organizations, are quirements for rulemaking under the appropriate nature for us to level the making it difficult for America to do Administrative Procedure Act, and by playing field so management and labor business in a time where it is essential increasing the use of rulemaking, it could go together, head-to-head, and that we do business. has been the most inclusive and trans- negotiate and arbitrate and have bind- When the stimulus passed 18 to 24 parent Board in history—in history. ing agreements upon themselves to months ago—maybe 30 now—it was de- This process has given all sides abun- protect the safety of workers and also signed to bring unemployment down to dant opportunity to provide input to improve the environment of the work- 6 percent. Unemployment remains the NLRB. There was opportunity for ers in the United States. above 8 percent, and one of the reasons written comments, written responses For 75 years those laws served us it does is that the deployment of cap- to other comments, and even a public well. All of a sudden, it seems there is ital by businesses is not taking place hearing. a perfect storm. From every corner, because of the uncertainty of the work- I would like to point out again that the NLRB seems to be making pro- place and what lies ahead, whether it is there is no requirement in the Admin- posals to try to tilt the playing field health care, whether it is ambush elec- istrative Procedure Act to facilitate a away from fairness and equity and it is tions, card check, or whatever it might dissent. Even though there isn’t, the not right. be. NLRB’s traditional practice has given Last year, 70 percent of the elections So I come to the floor to commend Member Hayes an opportunity to dis- for unionization in the United States of the Senator from Wyoming for taking sent. He was given that chance. But America were successful. There is not a an initiative that is available to the these practices do not allow him to fili- problem in terms of people being able Senate to bring a resolution of dis- buster or run out the clock to thwart to organize and negotiate collectively. approval forward for a resolution of an the actions of his colleagues. The problem is that the regulatory executive branch body that cir- The Board filed a notice of proposed bodies are attempting to circumvent cumvents the legislature itself. I hope rulemaking on June 22, 2011, provided the legislative branch of government he is successful in sending the message 60 days for filing public comments, and and to rule and regulate what they that it is time for us to take American received over 65,000 comments, of cannot pass on the floor of the Senate. politics and American justice and which, I might note, all but around 200 When Mr. Becker was appointed to American legislation back to what our were form letters. There were 65,000 the NLRB last year by the President, Founding Fathers intended. comments, and all but around 200 were over the objection of the Senate and Let’s stop trying to take a playing form letters. But still there were 200 during the recess—it was an example of field—one that has been level for 75 comments, ensuring a wide range of where the President used a recess ap- years, where we have had the greatest views and stakeholder input. The pointment to go around the lack of ap- labor-management relations in the his- Board arranged an opportunity for proval, and advice and consent of the tory of any country in the world—and staff from Member Hayes’s office to Senate. tear it up or put us into a situation brief congressional staff on his dissent This particular legislation we are where we are adversaries, as we were 75 from the notice of proposed rule- talking about is similar to the spe- years ago. Let’s stop the ambush elec- making, and, although not required to cialty health care decision. The spe- tion. Let’s stop the arbitrary posting. do so, the Board also provided an op- cialty health care decision allowed Let’s stop the specialized unionization. portunity for oral public comments at unions to create micro unions within Let’s stop all of this and return to the a hearing conducted on July 18 and 19, the same working body, where there laws that have worked for three-quar- 2011, in which over 60 labor and man- could be a plethora of unions in one ters of a century. Three-quarters of a agement lawyers, public interest store, all to fracture and fragment the century is a great test of time. There is groups, employer and labor organiza- ability of a business to cross-train and no reason now, through appointments tions, workers, and other related con- compete effectively. It is an attack on to a regulatory body, to change the stituents participated. The Board pro- the free enterprise system and cir- history of the Senate and the history vided an additional 14 days following cumvents what our Founding Fathers of the court system. the 60-day comment period in which to intended us to do. I will end by quoting a President of file written reply comments. Again, We have a legislative branch with the the United States—a Democratic Presi- this is not required by the APA—the House and Senate; an executive branch dent of the United States—who, on Administrative Procedure Act—or any with the President, the Vice President, April 21, 1959, was U.S. Senator John other law. Then the NLRB held a pub- the Cabinet and his appointees; and we Fitzgerald Kennedy. In his campaign lic vote on a final rule on November 30 have a court system. The President for the Presidency, he declared that and published the final rule in late De- makes initiatives that go through the elections should have at least 30 days cember. So quite frankly, under the legislature. The legislative body takes between their call and the vote so em- Administrative Procedure Act, which initiatives and passes laws. Ultimately, ployees can be fully informed on their all other agencies follow, the NLRB the courts are the arbiters if either one choices from both sides of the issue. If bent over backward to be transparent or both ever challenges the ruling of it was right for John F. Kennedy on and to allow dissent. one or the executive order of another. April 21, 1959, it is right for the Senate I have heard it said that Member That is the way it should be. But right today, on April 24, 2012. Hayes was not allowed enough time. now we have a two-legged stool in I commend the Senator from Wyo- Well, he had his first dissent. But from America. Instead of legislative, execu- ming on his presentation, his intensity, June 22 until November, Mr. Hayes had tive, and judicial branches, we have a and his ability to bring this issue be- all that time to file a dissent if he judicial and executive branch trying to fore the American people and to the wanted to—to write a dissent. I mean, run the country. We all know what floor of the Senate. is that not enough time to write a dis- happens to a two-legged stool. It falls I yield the floor. sent? It seems to me that is more than over. Mr. HARKIN. Mr. President, how enough time. But that was not done. So I talked with some businesspeople much time is remaining? I just want to make it clear that I this morning who talked about the un- The PRESIDING OFFICER. The Sen- think Mr. Hayes was given more than certainty of doing business in America. ator from Iowa has 20 minutes, and the enough time to write his dissent if he It didn’t all have to do with ambush Senator from Wyoming has 12 minutes. wanted to. He did write one dissent elections or specialty health care Mr. HARKIN. Mr. President, there over the proposed rules, but he had the movements or special posters to pro- are just a couple of things I wish to additional opportunity from June 22 mote unionization in the workplace, bring up in response to some of the until November. Again, the APA, under but they were part of it. The regula- statements that have been made on the rulemaking, doesn’t entitle him to dis- tions that come from the administra- floor. sent, but the Board allowed him to

VerDate Mar 15 2010 01:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.021 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2626 CONGRESSIONAL RECORD — SENATE April 24, 2012 have a dissent if he wanted to. They reasonable amount of time. There was The changes put forth by the NLRB had access to public comments on the no time limit put in there. There is no will radically change the process of proposed rules. They were given sum- 7 or 10 days. That is what Mr. Hayes union organizations and will limit an maries and copies of specific comments said in his dissent. He just plucked employer’s ability to respond to union the other members found informative. that out of thin air. But that is not in claims before an election, thereby sti- His office had months to incorporate the ruling. That is not in the ruling at fling debate and ambushing an em- those comments and write a second dis- all. Most people who have looked at it ployer and employees. Employers use sent but chose not to. That was his own have said: Well, it may shorten it to 20 the time after an election petition has choice. That was his own choice. He to 30 days, somewhere in there. It been received to ensure compliance was not prevented from doing so. That seems to me that is fair enough. That with the National Labor Relations Act, was his own choice. is fair enough. to consult with human resource profes- There are a lot of little items like But that is really what this is all sionals, and to inform—to inform— that which I think are kind of being about, and I hope Senators, when they their employees about the benefits and misinterpreted, but here is the essence vote, will recognize that what the shortcomings of unionizing. It is nearly of it, right here. Here is the essence of Board has done is to take the unfair impossible for a small business owner what this is all about. Stripped of all process we have had for so long and to navigate the regulations of the Na- the falderal and all of this and all of made it more fair for everyone. tional Labor Relations Act without the that and which Board member was for I will point out one last time that assistance of outside counsel, which card check and who wasn’t and on and the procedures the NLRB has come up will be hard to find in 10 days or less. on and on, this is what it is about, with, which are under fire right now On April 21, 1959, then-Senator John right here, this statement. This is Mar- from the other side, apply to certifi- F. Kennedy stated, and I quote: tin Jay Levitt, who was an anti-union cation votes as well as to decertifica- The 30-day waiting period is an additional consultant who wrote a book called tion votes. If a company wants to de- safeguard against rushing employees into an ‘‘Confessions of a Union Buster,’’ pub- certify a union, then the union can’t election where they are unfamiliar with the lished in 1993. ‘‘Confessions of a Union drag that out days and months at a issues. Buster.’’ Here is what he said: time. They can’t drag that out for de- It appears that rushing elections is Challenge everything . . . then take every certification either. So it seems to me exactly what the NLRB and big labor challenge to a full hearing . . . then prolong that on both sides—certification and are hoping for. After all, unions win 87 each hearing . . . appeal every unfavorable decertification—we have a level play- percent of elections held 11 to 15 days decision . . . if you make the union fight ing field, and neither side can drag it after an election request is made. The drag on long enough, workers lose faith, lose out interminably to try to frustrate interest, lose hope. rate falls to 58 percent when the vote the real desires and wishes of the work- take place after 36 to 40 days. That is what it is about. It is about ers. denying people their right under the On a decision as important as wheth- Mr. President, I yield the floor. er to form a union, workers should National Labor Relations Act to fairly The PRESIDING OFFICER. The Sen- and expeditiously have a vote on have the opportunity to hear from both ator from Wyoming. sides, free from any pressure one way whether to form a union. This is not Mr. ENZI. Mr. President, I yield 8 or the other, an opportunity that the new. This has been going on since the minutes to the Senator from South Da- NLRB’s recent decision would take 1940s and 1950s, since Taft-Hartley. kota. away. There have been forces at work in this The PRESIDING OFFICER. The Sen- country since the adoption of the Na- ator from South Dakota. In addition to ambushing employers tional Labor Relations Act in 1935 to Mr. THUNE. Mr. President, I wish to with union elections, the NLRB has break unions. They do not want to give commend the Senator from Wyoming now decided to recognize micro-unions. workers a right to have a voice in col- for his great work on the subject. The NLRB ruled that so long as a lective bargaining. They will go to ex- As Americans know firsthand, we union’s petitioned-for unit consists of treme limits to deny union members continue to struggle with an economy an identifiable group of employees, the their rights. They will do everything that is not performing well or meeting NLRB will presume it is appropriate. they can to try to break up unions. the needs of workers. The unemploy- What does this mean for America’s Taft-Hartley was the first of that, and ment rate remains at about 8 percent, small businesses? This means that at we have had several things since that as has been the case for the last 28 your local grocery store there could be time. months. Much of this can be attributed a cashiers union, a produce union, a Our job is to try to make it a level to a lack of certainty on the part of bakers union, the list goes on and on. playing field—as level as possible, any- employers. Micro-unions, coupled with ambush way—and to give workers a right that One need look no further than the elections, can cause one small business is not just a right in name only or in regulatory policies being pushed by to deal with several bargaining units in words but a real, factual right to form this administration to understand why the workplace and little time to no a union and have the election without job creators are not creating jobs. Back time to raise concerns against such ac- challenging everything, taking every on December 22 of 2011, the technically tions. challenge to a full hearing, prolonging independent National Labor Relations The Supreme Court has expressly each hearing, appealing every unfavor- Board published the final rule on rep- stated: able decision. As I quoted earlier, if resentation-case procedures, better An employer’s free speech rights to com- you make the union fight drag on long known as the ‘‘ambush elections’’ rule. municate his views to his employees is firm- enough, workers lose faith, lose inter- This new rule could allow a union to ly established and cannot be infringed by a est, and lose hope. And I might add, if organize an election in as little as 10 union or the NLRB. you drag it on long enough, it gives the days. This new rule is the most drastic The recent actions of the NLRB have employer every opportunity to intimi- and sweeping modification to the union all but silenced any freedom of speech date workers so they won’t join a union election process in more than 60 years. once enjoyed by employers. For the or maybe fire people who were active in According to the National Labor Re- State of South Dakota, increased the union organization drive—to find lations Board, the median time in unionization will mean higher costs for some reason why they should be fired, which an election is held is 38 days, and the health care industry, driving up anyway. That is what this is about. 92 percent of all elections occur within health costs for hospitals and con- What the NLRB has finally done, 56 days. In fiscal year 2011 the NLRB sumers. It will also mean higher costs through an open process, through a reports that 71.4 percent of unions won for hotels, tourism, small businesses, rulemaking process, through perhaps their elections, which is up 31⁄2 percent and other service industries. The Fed- one of the most open and transparent from fiscal year 2010. It is hard for one eral Government should not be acting processes in the history of the NLRB, to claim that union elections are being to slow or hinder job growth in our cur- is to say: Let’s have a system whereby held up unnecessarily with these sorts rent economy but should instead be certification votes can be held within a of track records. looking for ways to foster job growth.

VerDate Mar 15 2010 01:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.022 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2627 In addition to radically changing the latest in a number of other anti-job Let’s be clear about what the rule way in which union elections are orga- creation activities at the NLRB. does and does not actually do. This nized, the NLRB promulgated a rule re- The case last year against the Boeing rule does not fundamentally change quiring most private sector employers Corporation is a perfect example of how workers are permitted to organize. to post a notice informing employees where the NLRB actions threatened to This rule does not prevent employers of their rights under the National kill thousands of new U.S. jobs. By from talking to their workers about Labor Relations Act. I believe this is threatening to shut down a new plant unionization. This rule is not the Em- yet another example of Federal over- producing the new 787 Dreamliner in ployee Free Choice Act by fiat. This reach by this administration that bene- South Carolina, the NLRB’s actions rule does not require that an election fits their special interest allies at the would have cost Boeing billions of dol- take place in a set number of days. expense of American businesses that lars. This case has made U.S. compa- These are all of the claims that have are currently struggling to create jobs, nies reconsider building new plants at been levied against this rule, and, fac- which is why I introduced the Em- home, costing high-quality American tually, none of them are true. ployer Free Speech Act last year. jobs. The rule’s modifications are purely If enacted, this legislation would pro- I am particularly worried about a procedural. Here is one example. Under hibit the NLRB from requiring employ- proposed rule by the NLRB that would the current rules, companies often ers to post a notice about how to estab- require employers to turn over em- spend weeks litigating the eligibility of lish a union. I am happy to report that ployee personal contact information to a handful of workers even though the on April 17, 2012, the DC Circuit Court unions, including personal e-mail ad- election is ultimately decided by 50 or of Appeals agreed with me and has dresses and cell phone numbers. This is 100 votes. Those disputed votes stopped the NLRB from enforcing this a blatant violation of an individual’s couldn’t have determined the outcome unnecessary and burdensome rule. privacy. No one should have access to of the election—the only consequence This administration is making a that type of information, unless you was delay. So under the new rules, dis- habit of using regulatory policies to want to provide it. As a Congressman, putes about small numbers of voter eli- strengthen unions and harm the econ- I fought for easy access to opt into the gibility can be decided after the elec- omy. In these difficult times, the last Do Not Call List, so that you will not tion. The workers in question can cast thing government should be doing is be disturbed by unwanted telephone provisional ballots, just as they do in putting roadblocks in front of Amer- calls. This rule would allow unions to political elections. ican businesses as they attempt to do have access to that very same informa- These exact circumstances played their part to turn our economy around tion that the overwhelming majority of out in Minnesota. On April 8, 2008, of- and to create jobs. Americans do not want to be public. fice clerical workers in Virginia, MN, In the 74 years of the NLRB’s exist- The NLRB is completely out of touch filed a petition for a union election. ence prior to 2009, the Board had pro- with what is important to Americans. But because the parties litigated the mulgated just one substantive rule. It The resolution on the floor of the status of a single employee, the unit is time that the NLRB return to its Senate specifically addresses the new was not certified until June 10th of main function, which is to act as a NLRB rule that would shorten the time that year—64 days after the petition quasi-judicial agency. These actions by frame for a union election to as little was filed. Under the new rule, the issue the NLRB further push our government as 10 days. The new rule is set to go concerning that single employee could down a dangerous path, one in which into effect on April 30. These ambush have been resolved after the election, decisions no longer lie in the hands of elections rush workers into making and the election would have been con- those elected by the people but by un- quick decisions, which are often unin- ducted with less delay and uncertainty. accountable bureaucrats sitting in formed ones, on an issue that directly These rules don’t favor either unions Washington disconnected from people. affects their every day life in the work- or companies. They favor efficiency For these reasons and many others, I place. Forcing workers to make this and modernization. They are narrowly am supporting S.J. Res. 36, and I want quick decision runs against the heart tailored—targeting only those elec- to encourage my colleagues on both of our democratic system, based on the tions that face the longest delays. A sides of the aisle to stand with Amer- principles of fairness and justice. vast majority of election schedules are ican employees and employers and to Quickie elections will be particularly agreed to by the parties—90 percent. vote to stop the NLRB from moving harmful to small businesses. Small This rule would only affect the other 10 forward with what is a misguided and businesses are the engine of our econ- percent. These rules favor better use of deeply flawed ambush election rule. omy and our greatest job creators. resources. These are the types of gov- I congratulate the Senator from Wy- Small business owners have a range of ernment reforms that we should be pro- oming for getting this matter on the responsibilities and fewer resources moting—cutting down on bureaucracy Senate floor and giving us an oppor- than larger corporations. They will and redtape. tunity to debate it. This is yet another struggle to respond to the new, acceler- Unnecessary delays hurt workers example of an administration that ated timeframe for elections. Their seeking to exercise their rights in the seems to be bent upon creating more compliance costs will almost certainly workplace—whether they are seeking excessive overreaching regulations, rise; taking money that could have to certify or decertify a union. These making it more difficult and more ex- been put into enhancing their business, rules simply give workers a chance to pensive for American small businesses growing the economy, and creating vote yes or no. to create jobs and to get the economy jobs. Working families in Minnesota and growing again. I hope my colleagues The NLRB continues to find ways to across this country are still struggling. will join me in voting to stop this from prevent job growth and inhibit our The middle class—has been ailing for happening. economy instead of enhancing it. This decades. Without a strong middle class f new rule on ambush elections is no dif- folks who can afford to buy a home and ferent. I thank the Senator from Wyo- a car and send their kids to college— NLRB RESOLUTION OF ming, my ranking member on the our country’s economic future is ten- DISAPPROVAL HELP Committee, for this resolution uous. Protecting the ability of working ∑ Mr. KIRK. Mr. President, I am in and I urge its passage.∑ people to have a voice—to vote yes or support of S.J. Res. 36 and thank the Mr. FRANKEN. Mr. President, today no—will bring more middle-class jobs Senator from Wyoming for introducing I would like to discuss my strong oppo- with good wages and benefits that can it. sition to the resolution before us, the drive our recovery forward. I worry that the recent direction of resolution disapproving of the National The NLRB’s rules are modest and the National Labor Relations Board is Labor Relations Board’s final rule gov- reasonable. They uphold the principles killing American jobs, not creating erning election procedures. This rule of democracy and fairness that have them. This resolution concerns a new seeks to modernize and streamline a shaped our Nation’s workplace laws. I rule regarding ambush or quickie union process that is currently costly, ineffi- urge my colleagues to vote against this elections. But this action is just the cient, and promotes unnecessary delay. resolution.

VerDate Mar 15 2010 01:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.024 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2628 CONGRESSIONAL RECORD — SENATE April 24, 2012 Mrs. BOXER. Mr. President, I rise in ministering a union representation down the process. Without question, in opposition to the Enzi resolution. If en- election. And, if adopted, it would es- those cases, it takes far too long and acted, this resolution would prohibit sentially bar the NLRB from promul- these new NLRB procedures are a des- the National Labor Relations Board, gating any similar rules in the future. perately needed fix to shorten that NLRB, from implementing common- These changes will help cut down on time period for the 10 percent of cases sense, straightforward changes to the needless delays that can occur at that are litigated. preelection hearings, eliminate the ar- union representation process that will I have also heard the argument that bitrary minimum 25 day waiting period ensure union elections are conducted in if employers engage in misconduct that following a decision to hold an elec- a more fair and efficient manner. interferes with workers’ choice during The new rules, which will go into ef- tion, and will clarify the election ap- a long election campaign, the NLRB fect on April 30, will make it easier and peals process. And, the new rules will can rerun the election. But the time it less burdensome for workers and em- allow for the use of modern tech- takes to get to a second election only ployers to navigate the union election nologies, including email and other compounds the frustration and loss of process. forms of digital communication. Workers and employers will now be The NLRB proposed these amend- hope workers suffer when their oppor- able to electronically file election peti- ments last summer, allowed for ample tunity to make a choice is delayed for tions and other documents. Timely in- time to consider public comments, and too long. Many unions won’t bother to formation essential to both sides being finalized the changes this past Decem- seek a second election, even if there able to fully engage in the election ber. These are reasonable updates was employer misconduct, if workers process will be shared more quickly. meant to accommodate modern forms are too discouraged. Timeframes for parties to resolve of communication and discourage One of the major improvements in issues before and after elections will be delay tactics that can unfairly stall a this bill—deferring challenges to voter standardized. Duplicative appeals proc- representation vote for months on end. eligibility until after the election when esses that cause unnecessary delays The finalized rules will help ensure they are small in number—has also will be eliminated. Both sides will be that the unionization process is fair been mischaracterized. Opponents of required to identify points of disagree- and timely for employees, employers, the rule claim that workers will be ment and provide evidence at the out- and unions. And despite what some of confused about who is in the bar- set of the election process, helping to my colleagues have stated, the rules gaining unit with them. The reality is, eliminate unnecessary litigation. are not encouraging an ‘‘ambush.’’ challenged voters will be deferred only The modest reforms proposed by the They are encouraging an election. I when they are small in number relative NLRB do not mandate timetables for urge my colleagues to join me in vot- to the size of the bargaining unit. So elections to occur, as some of my col- ing against this disapproval resolution. there will be little or no confusion leagues will allege; rather, the new I yield the floor. about the exact individuals in the unit. rules simply eliminate existing bar- Mr. HARKIN. Mr. President, over the Moreover, workers will know full well riers that get in the way of providing past 2 days my Republican colleagues the essential identity of the group they employees and employers with access have raised several arguments about are a part of; individual employees to an open and fair election process. As what the NLRB rule will do. I now may come and go over time as workers Catholic Healthcare West, which em- want to respond to their points and to retire or find new jobs, but the identity ploys most of its 31,000 workers in my clarify once again: this is a modest rule of the unit is what remains constant. State of California, wrote during the that simplifies preelection litigation in The unit identity is what workers need public comment period: ‘‘[the] reforms the small number of cases where the to know to be able to make an in- proposed by the NLRB are not pro- parties don’t reach agreement and formed choice about whether to vote union or pro-business, they are pro- must resort to litigation. for a union. modernization.’’ First, my colleagues across the aisle have pointed out that unions have re- I hear a lot from the other side how I urge my colleagues to support mod- this rule will dramatically shorten the ernization and oppose the Enzi resolu- cently won about 71 percent of elec- tions, and so, they argue, the current time to an election and how it will lead tion. to so-called ambush elections. There is f system is completely fair to unions. This is an incredibly deceptive sta- no basis for this prediction. Opponents NLRB ELECTION RULES tistic. Unions have filed far fewer peti- of the rule can’t even agree among Mr. LEVIN. Mr. President, we find tions in recent years—down from over themselves how much time the rule NZI ourselves debating yet another effort 4,100 in 2001 to just over 2,000 in 2011. will shave off an election. Senator E suggested that this rule will lead to an in the campaign against working men And in almost a third of cases where election in 10 days; Senator BARRASSO and women in this country. Over and petitions are filed, the petition is with- suggested it will almost halve the cur- over again in this body, and in State drawn before an election. In other rent median time of 38 days. An attor- legislatures across the country, some words, the process of getting to an ney from the management-side labor have sought to undermine the ability election can be so slow, and employer law firm Jackson Lewis told the Wall of their constituents—dedicated teach- anti-union attacks so potent, that Street Journal that he thinks the time ers, electricians, assembly-line work- unions are discouraged from going would be between 19 and 23 days. The ers, and civil servants, just to name a through the entire election process. vice president of the National Associa- few—to come together to bargain for For the most part, only in the rare tion of Manufacturers predicted a hear- fair wages and benefits. The resolution cases where support is truly over- ing 20 to 25 days after the petition is of disapproval before us is just another whelming or the employer does not op- filed. attempt to weaken unionized labor in pose the union do unions win. this country, and I will not support it. In a related vein, Republicans have The reason there are so many dif- The representation process we are de- argued that elections are currently ferent numbers floating around is be- bating, which is overseen and adminis- held promptly—on average, between 30 cause the rule simply does not say any- tered by the National Labor Relations and 40 days after a petition is filed— thing about a timeframe for elections. Board—NLRB—is used when a group of and therefore no change in the rule is Certainly it is true that in the 10 per- workers want to hold a union represen- needed. But this argument misses the cent of cases that are litigated—where tation vote or when an employer wants point of the rule. Currently, in the 10 the process is abused and delays are to hold a similar vote to decertify a percent of cases that are litigated, it rampant—the rule likely will shorten union. takes around 124 days to get to an elec- the time period by instituting more ef- Now let me be clear. What we are tion. It takes around 198 days when ficient procedures. But as to the 90 per- considering is a resolution that would parties exhaust their appeal rights. cent of cases where there is voluntary effectively nullify a number of worth- This rule addresses those situations agreement, the NLRB will continue to while rule changes intended to stream- where employers engage in excessive— work with parties as it always has to line and modernize the process for ad- and often frivolous—litigation to slow arrive at a reasonable election date.

VerDate Mar 15 2010 01:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.038 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2629 In connection with their undue spec- Let me stress that this rule treats The PRESIDING OFFICER. There is ulation about timing of elections, sup- both sides the same way—the rule ap- 5 minutes for the majority and 3 min- porters of this resolution have also ar- plies to elections to decertify a union utes for the minority. gued that employers will not have as well as elections to certify one. Al- Mr. HARKIN. Mr. President, I will, enough time to communicate with though it has been pointed out that obviously, yield to my good friend, workers under the rule. Because the there are certain times, such as the Senator ENZI, for his closing remarks, rule does not actually address timing first year after a certification vote, but I again just want to point out that of an election in the great majority of when workers are not permitted to pe- this ruling by the NLRB is imminently cases, this is pure speculation as well. tition to decertify a union, the NLRB reasonable. Moreover, it is well-known that elec- does provide adequate, defined time pe- They went through rulemaking, as I tion campaigns begin long before a pe- riods when workers are permitted to have said before, one of the most trans- tition is filed. If employers wish to file a decertification petition. Workers’ parent boards we have ever had in his- mount an anti-union campaign, they right to file such a petition during tory. Rather than going through the will almost certainly do so when they those time periods is well-established, adjudicative process, they went learn a drive is happening. They will and workers who don’t want a union through rulemaking and a comment not wait until a petition is filed. have a clear method to vote the union period. People were allowed to come in, Similarly, my colleagues have argued out. and they even had an oral hearing that workers will only hear the union’s Finally, it has been pointed out that which is not even required by the Ad- side of the story under this rule. I must the NLRB recently lost a court battle ministrative Procedure Act. Mr. Hayes point out that it is employers who con- over its rule requiring a notice posting. was allowed due time for filing dis- tinue to have the right to hold ‘‘cap- But the reality is, the NLRB won this sents. He chose not to do so for what- tive audience’’ meetings. They can hold court battle in one district court and ever reason. So everything was com- meetings on work time where they can lost in another. One court upheld the plied with. In fact, they bent over require workers’ attendance, and they core of the rule—that the NLRB can re- backwards to even do more than what can browbeat workers about why they quire a posting of workers’ right to the Administrative Procedure Act re- think unions are bad. Unions have no form a union. The DC Circuit Court of quires under rulemaking. So that is such access to a workplace. The play- Appeals has now blocked the rule to No. 1. ing field for communicating with work- avoid confusion over who has to imple- No. 2, the essence of the rule is emi- ers is currently dramatically skewed in ment the rule and who doesn’t. That nently fair. It applies both to certifi- favor of employers. It will remain court likely won’t issue a decision re- cation and decertification. There is no skewed in favor of employers after this solving this matter until the fall, but 10 days. I keep hearing about this 10 rule goes into effect. All this rule does it has absolutely no bearing on the le- days. Mr. Hayes put that in his dissent, is to put some limits on those employ- gality or legitimacy of the rule we are but there is nothing in the rule that re- ers who would drag out elections to debating today. Indeed, the furor over quires a 10-day election. Nothing. better exploit their communications notifying employees of their rights is a Lastly, again, what is this all about? advantage. perfect example of the extremity of Re- I will say it one more time. This is My colleagues on the other side publican opposition to worker rights. what it is about, this is it: This is Mr. argue that small businesses will have My colleagues have all spoken about Martin Jay Levitt who wrote a book, to confront election issues and famil- the importance of workers being in- ‘‘Confessions of a Union Buster.’’ He iarize themselves with the law in a formed about the pros and cons of was a consultant to businesses that very short timeframe. As I have said unionization, but they object to a sim- didn’t want to have unions formed, and repeatedly, there is no reason to expect ple poster that explains workers’ rights here is what he said in his book. Here an election will occur any more quick- under the law. is the way they should do things if they ly in the great majority of cases. Em- To conclude, this rule will cause no don’t want to have a union: ployers would have ample time to re- real change for the vast majority of [C]hallenge everything . . . then take ev- view the law. What the new rules do is businesses that approach the NLRB erything challenged to a full hearing . . . to put small businesses on the same election process in good faith. It im- then prolong each hearing . . . appeal every footing with large employers that can poses no new requirements at all for unfavorable decision. If you make the union afford excessive, all-out litigation of fight drag on long enough, workers . . . lose parties who come to the process in faith, lose interest, lose hope. preelection issues. The process is sim- good faith and negotiate an agreement. That is what it is about. It is about plified so that all employers have to The rule simply addresses the small establishing a level playing field now deal with straightforward and presum- number of employers that abuse the so workers do indeed have their full ably cheaper procedures that give them NLRB election process and deliberately rights—not a paper right but a full via- all a fair and equal chance to address cause delay to buy themselves more ble right to form a union and to have preelection issues. time to bombard workers with an anti- My colleagues have argued that this an election within a reasonable period union message. The rule also makes rule creates an uncertain business cli- of time. NLRB preelection litigation more effi- mate. In fact, the rule does just the op- Mr. President, I yield the floor. If my cient, saving government resources. It posite. It creates a very predictable friend needs some more time, I yield is a commonsense reform that deserves process because it applies uniform pro- him whatever time I have remaining. our full support. I strongly urge my cedures designed to cut down on point- The PRESIDING OFFICER. The Sen- colleagues to vote down the resolution less litigation. ator from Wyoming. My Republican colleagues also sug- disapproving of this NLRB rule. Mr. ENZI. Mr. President, I thank the gest that this rule will cause more liti- The PRESIDING OFFICER. Who chairman for the gift of time. There is gation because unions will have less in- yields time? nothing that is a greater gift than centive to reach voluntary agreements. Mr. HARKIN. Mr. President, I sug- that. But, in fact, unions will continue to gest the absence of a quorum. Of course, I would like everyone to have every incentive to have an agree- The PRESIDING OFFICER. The vote for my resolution of disapproval. ment on election issues. Hearings still clerk will call the roll. This did not go through a process that take time and resources even though The legislative clerk proceeded to was open and transparent. In fact, they are now more streamlined than call the roll. there was only one person who voted before. Unions would not want to un- Mr. HARKIN. Mr. President, I ask for this who was confirmed by the Sen- dergo the expense, uncertainty, and unanimous consent that the order for ate. There were two people who voted delay of a hearing even though the the quorum call be rescinded. for it. The other one lost, in a bipar- process will be much improved under The PRESIDING OFFICER. Without tisan way, the ability to be on that this rule. I am confident the great ma- objection, it is so ordered. committee, so he was recess-appointed. jority of cases will continue to be re- Mr. HARKIN. Mr. President, how So one person confirmed by the Senate solved by voluntary agreement. much time is remaining? is making this rule, and there was also

VerDate Mar 15 2010 03:22 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.010 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2630 CONGRESSIONAL RECORD — SENATE April 24, 2012 one person confirmed by the Senate Again, it is a congressional privilege And finally they go on and say: who was against it. So it was a 1-to-1 and we should take advantage of it. It There is an alternative—a bill proposed by tie. That would normally defeat any- is a chance to send a message that we Rep. Darrell Issa that would create a super- thing. want all of our boards to be fair and visory body to oversee the Postal Service’s The biggest thing that is being taken equal. finances and, if necessary, negotiate new away in this, the biggest thing that I yield back any remaining time. labor contracts. The bill . . . is not perfect, collapsed the time down to a potential The PRESIDING OFFICER. Time but offers a serious solution that does not leave taxpayers on the hook. 10 days, the biggest thing is elimi- was yielded back. So we now have legislation before us nating the preelection hearing. That is f when the employees—the employees— that makes it harder, if not impossible, get their fairness of finding out exactly VIOLENCE AGAINST WOMEN REAU- for the Postal Service to close post of- who is going to be represented, who is THORIZATION ACT OF 2011—MO- fices and mail processing plants by going to be part of their unit, and get TION TO PROCEED—Continued placing new regulations and limita- any of their questions answered about The PRESIDING OFFICER. Under tions on processes for closing or con- this organization that is about to re- the previous order, the Senate will re- solidating mail processing facilities, a ceive their dues. It seems like the em- sume consideration of the motion to move in the wrong direction. It puts in ployees, for fairness, ought to have proceed to S. 1925. place significant and absolutely un- that right. It also ought to be for the The Senator from Arizona. precedented new process steps and pro- employers to have that right, espe- POSTAL REFORM cedural hurdles designed to restrict cially small businesspeople to have the USPS’s ability to manage its mail Mr. MCCAIN. Mr. President, I want time to get it together so they are not to discuss one of the amendments that processing network. violating any of the National Labor I believe we will be voting on later, and Additionally, the requirement to Relations Board’s rules that they can redo completed but not implemented easily step into and be in big trouble basically what it does is it establishes a BRAC-like process in order to con- mail processing consolidation studies during one of these elections. will ultimately prevent any consolida- I urge all of my colleagues to support solidate redundant, underutilized, and costly post offices and mail processing tions from occurring this calendar this resolution of disapproval and stop year. the National Labor Relations Board’s facilities. We found over the years that Con- What we have to realize in the con- ambush election rule. This vote will text of this legislation is that we now send a message to the National Labor gress was politically unable to close a base or a facility that had to do with have a dramatic shift, technologically Relations Board that their job is not to speaking, as to how Americans commu- stack the odds in favor of one party or the military, so we adopted a process where a commission was appointed, nicate with each other. That is what another—under this administration or this is all about. We now have the abil- another—but to fairly resolve disputes those recommendations to consolidate excess and underutilized military bases ity to communicate with each other and conduct secret ballot elections. without sitting down with pen and We have heard from several speakers were developed, and Congress was given paper, just as we had the ability to on the other side of the aisle that this an up-or-down vote. This is sort of transfer information and knowledge by debate and vote are a waste of time. based on that precedent. means of the railroad rather than the Debating the merits of this regulation The bill before us clearly doesn’t Pony Express. is not a waste of time for the millions offer any solutions. According to the We now have facilities that are way of small businesspeople and millions of Washington Post editorial: oversized and unnecessary, and we are employees who are going to be nega- The 21st Century Postal Service Act of facing a fiscal crisis. According to the tively impacted by it. In fact, once it 2011, proposed by Senators Joseph Lieberman Postal Service: goes into effect next week, I believe all and Susan Collins and passed last week by of us will be hearing from unhappy con- the Senate Committee on Homeland Secu- The current mail processing network has a stituents and asked what we did to stop rity Government Affairs, is not a bill to save capacity of over 250 billion pieces of mail per the U.S. Postal Service. It is a bill to post- year when mail volume is now 160 billion this legislation, and we will be asked. pone saving the Postal Service. pieces of mail. The contention that we should not be So now we have overcapacity that is able to raise concerns about the Na- I agree with the Washington Post. I nearly double what is actually going to tional Labor Relations Board’s ambush usually do. The Service’s announce- be the work the Postal Service does, election regulation before it goes into ment that they lost $5.1 billion in the and all trends indicate down. More and effect sounds a lot like what the Na- most recent fiscal year was billed as more Americans now acquire the abil- tional Labor Relations Board is trying good news. That is how dire the situa- ity to communicate by text message, to do to small businesses and employ- tion is, the fact that they only lost $5.1 Twitter, and many other means of ees who have questions about a certifi- billion. communications. So to somehow get cation election. The Collins-Lieberman bill, which trans- This regulation will take away the fers $7 billion from the Federal Employee mired into while we cannot close this right to question whether the appro- Retirement System to the USPS—to be used post office, we have to keep this one to offer buyouts to its workers and paying priate employees are in the bargaining open, we have to do this—we have to down debts—can stave off collapse for a realize it in the context that a large unit or whether it includes supervisors short time at best. and managers who should not be in the portion of the U.S. Postal Service’s Nor do the other measures in the bill offer business is conducted by sending what union or whether it leaves out a group much hope. The bill extends the payment of employees who should be in the schedule for the Postal Service to prefund its we call ‘‘junk mail’’ rather than the union because they have similar jobs, employee retirement benefits from 10 to 40 vital ways of communicating that it and if they are excluded, they will lose years. Yes, the funding requirement is oner- was able to carry out for so many ground against the newly unionized ous, but if the USPS cannot afford to pay for years. employees. This regulation takes away these benefits now, what makes it likely In addition, the Postal Service has a that it will be able to pay later, when mail massive retail network of more than the right to present evidence and testi- volume has most likely plummeted further? mony at a preelection hearing and to 32,000 post offices, branches, and sta- The bill also requires two more years of tions that has remained largely un- file briefs supporting a position. studies to determine whether a switch to Because of the Congressional Review five-day delivery would be viable. These changed despite declining mail volume Act, we Senators have had the oppor- studies would be performed by a regulatory and population shifts. The Postal Serv- tunity to present evidence and have de- body that has already completed a laborious ice has more full-time retail facilities bate. That is a privilege the NLRB is inquiry into the subject, a process that re- in the United States of America than taking away from many small employ- quired almost a year. Starbucks, McDonald’s, UPS, and ers and employees, and that will lead The Washington Post goes on to say: FedEx combined. And according to the to some suffering of the employees. This seems a pointless delay, especially Government Accountability Office, ap- I urge my colleagues to vote for the given a majority of Americans support the proximately 80 percent of these retail motion to proceed to S.J. Res. 36. switch to five-day delivery. facilities do not generate sufficient

VerDate Mar 15 2010 03:22 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.025 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2631 revenue to cover their costs. That is payers’ money—because they are on annual cost savings, criteria and proc- what this debate is all about. I hope the hook for $2 billion a year—if you ess used to develop the plan, method- my colleagues understand that we are went from 6-day to 5-day mail delivery, ology and assumptions used to derive looking at basically a dying part of I guarantee you that the overwhelming the estimates and any changes to proc- America’s economy because of techno- majority of Americans do support a 5- essing, transportation, delivery or logical advances, and in this legisla- day delivery schedule rather than 6-day other postal operations anticipated as tion we are basically not recognizing delivery schedule. a result of the proposed closures and that problem. This, of course, kicks the can down consolidations. When 80 percent of their facilities the road. The bill also has at least five The Commission will be required to don’t generate sufficient revenue to budget points of order against it about publish in the Federal Register the def- cover their costs, then any business in which the ranking member of the inition of ‘‘excess mail processing ca- the world—in the United States of Budget Committee came to the floor pacity’’ with a period of public com- America—would right-size that busi- yesterday and spoke. ment. ness to accommodate for changed situ- So the BRAC-like amendment is es- After receiving the plans, the BRAC- ations. This bill does not do that. It sential, in my view, to moving this like Commission will be required to continues to put up political road- process forward. I don’t know how hold at least five public hearings. blocks that prevent tough but essential many more billions of dollars of tax- Finally, the Commission will be re- closings and consolidations. payers’ money is going to have to be quired to vote on the recommenda- I grieve for the individuals who took spent to adjust to the 21st century. tions, with the concurrence of at least care of the horses when the Pony Ex- There is no business, no company, no four of the members, and submit the press went out of business. I grieve for private business in America that when recommendations to Congress. Any the bridle and saddle and buggymakers faced with these kinds of losses recommendation will be the subject of when the automobile came in. But this wouldn’t restructure. And they would a congressional vote of approval or dis- is a technological change which is good restructure quickly because they would approval. The amendment recognizes the fact for America in the long run because we have an obligation to the owners and that the current business model for the can communicate with each other in- the stockholders. We are the stock- Postal Service is no longer viable. If we stantaneously. So we have a Postal holders. We are the ones who should be continue to act in an irresponsible way Service—and thank God for all they did acting as quickly as possible to bring by putting up political roadblocks, the all those years, in fact, to the point this fiscal calamity under control. American taxpayer will be the one who where they were even mentioned in our The GAO, the Government Account- ultimately suffers in the form of higher Constitution. But it is now time to ac- ability Office, states: postage prices and bailouts. We should commodate to the realities of the 21st The proposed Commission on Postal Reor- make hard choices now so future gen- century, and the taxpayers cannot con- ganization could broaden the current focus erations of Americans will have a via- tinue to pick up the tab of billions and on individual facility closures—which are ble Postal Service. billions of dollars. Again, last year it often contentious, time consuming, and inef- ficient—to a broader network-wide restruc- I ask unanimous consent the Wash- lost only $5.1 billion, which they sug- ington Post editorial, ‘‘A Failure to gested was good news. turing, similar to the BRAC approach. In other restructuring efforts where this ap- Deliver Solutions to Postal Service’s All this bill does is place significant proach has been used, expert panels success- problems,’’ be printed in the RECORD. and absolutely unprecedented and new fully informed and permitted difficult re- There being no objection, the mate- process steps and procedural hurdles structuring decisions, helping to provide rial was ordered to be printed in the designed to restrict USPS’s ability consensus on intractable decisions. As pre- RECORD, as follows: manage its mail processing network. viously noted, the 2003 Report of the Presi- [From the Washington Post, Nov. 18, 2011] Additionally, the requirement to redo dent’s Commission on the USPS also rec- ommended such an approach relating to the A FAILURE TO DELIVER SOLUTIONS TO POSTAL completed but not implemented mail SERVICE’S PROBLEMS consolidation studies will ultimately consolidation and rationalization of USPS’s mail processing and distribution infrastruc- The 21st Century Postal Service Act of prevent any consolidations from occur- ture. 2011, proposed by Sens. Joseph I. Lieberman ring this year. (I–Conn.) and Susan Collins (R–Maine) and So what do we need to do? We obvi- We pay a lot of attention to the Gov- passed last week by the Senate Committee ously need a BRAC. We need a group to ernment Accountability Office around on Homeland Security and Governmental Af- come together to look at this whole here and this is something the Govern- fairs, is not a bill to save the U.S. Postal situation, find out where efficiencies ment Accountability Office rec- Service (USPS). It is a bill to postpone saving the Postal need to be made—as any business in ommends as well. In addition: Service. America does—and come up with pro- The service’s announcement that it lost posals, because Congress does have a [GAO] reviewed numerous comments from $5.1 billion in the most recent fiscal year was special obligation, and have the Con- members of Congress, affected communities, billed as good news, which suggests how dire and employee organizations that have ex- gress vote up or down. This bill will its situation is. The only reason the loss was pressed opposition to closing facilities. Such not greater is that Congress postponed continue the failing business model of concerns are particularly heightened for the Postal Service by locking in mail USPS’s payment of $5.5 billion to prefund re- postal facilities identified for closure that tiree health benefits. According to the Gov- service standards for 3 years which are may consolidate functions to another state ernment Accountability Office, even $50 bil- nearly identical to those that have causing political leaders to oppose and po- lion would not be enough to repay all of the been in place for a number of years. tentially prevent such consolidations. Postal Service’s debt and address current The clear intent of this provision is We should listen to the Government and future operating deficits that are caused to prevent many of the mail processing Accountability Office, take politics out by its inability to cut costs quickly enough plant closures that the Postal Service of this delicate process, and move for- to match declining mail volume and revenue. itself has proposed as part of its re- ward with their recommendations. The Collins-Lieberman bill, which trans- structuring plan. It also prohibits the Our proposal would be composed of fers $7 billion from the Federal Employee Retirement System to the USPS—to be used Postal Service from moving to 5-day five members appointed by the Presi- for offering buyouts to its workers and pay- mail delivery for at least 2 years with dent, with input from the House and ing down debts—can stave off collapse for a significant hurdles that must be Senate and the Comptroller General, short time at best. cleared before approval, even though with no more than three members Nor do the other measures in the bill offer the Postmaster General has been com- being of the same political party. much hope. The bill extends the payment ing to Congress since 2009 and asking The Postal Service, in consultation schedule for the Postal Service to prefund its for this flexibility. with the Postal Regulatory Commis- employee retirement benefits from 10 to 40 One of the largest single steps avail- sion, will be required to submit a plan years. Yes, the funding requirement is oner- ous, but if the USPS cannot afford to pay for able to restore USPS’s financial sol- to the BRAC-like Commission on clo- these benefits now, what makes it likely vency would save the Postal Service at sures and consolidations, which will in- that it will be able to pay later, when mail least $2 billion annually. If you told clude a list of closures and consolida- volumes most likely will have plummeted Americans that we would save the tax- tions, a proposed schedule, estimated further?

VerDate Mar 15 2010 03:22 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.027 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2632 CONGRESSIONAL RECORD — SENATE April 24, 2012 The bill also requires two more years of country who depend on the mail. The the situation worse—which our bill, studies to determine whether a switch to estimate is there are approximately 8 through a reasonable process, is trying five-day delivery would be viable. These million jobs in our country, most of to avoid—which is a kind of shock studies would be performed by a regulatory them, of course—almost all of them—in therapy whose effect will be, as the body that has already completed a laborious inquiry into the subject, a process that re- the private sector, that depend in one McCain substitute would be, to actu- quired almost a year. This seems a pointless way or another on the functioning of ally drop the revenues of the post office delay, especially given that a majority of the U.S. Postal Service. and accelerate its downward spiral. Americans support the switch to five-day de- It is not fair and it is not realistic to I think the two numbers to think livery. speak as if the Postal Service is dead about—the ones that come from the We are sympathetic to Congress’s wish to and gone and it is time to essentially Postal Service itself—are these: By avoid killing jobs. And the bill does include bury it with the McCain substitute. I 2016, if we do nothing, the Postal Serv- provisions we have supported—such as re- cannot resist saying that Senator COL- ice will run somewhere between a $20 quiring arbitrators to take the Postal Serv- LINS and I come not to bury the U.S. ice’s financial situation into account during billion and $21 billion annual deficit. If collective bargaining and demanding a plan Postal Service; we come to change it we pass this bill and it is enacted into for providing mail services at retail outlets. but to keep it alive and well forever be- law, that deficit will be down to around But this plan hits the snooze button on cause it is that important to our coun- $1 billion—a little more—and heading many of the postal service’s underlying prob- try. toward balance in the years that fol- lems. Eighty percent of the USPS’s budget Secondly, Senator MCCAIN speaks as low. goes toward its workforce; many of its work- if the substitute legislation, S. 1789, So I urge my colleagues to vote ers are protected by no-layoff clauses. Seven that we are proposing—bipartisan leg- against the McCain substitute and the billion dollars’ worth of buyouts may help to islation—does nothing; that it is a sta- shrink the workforce, but this so-called over- BRAC amendment. The BRAC-like payment will come from taxpayers’ pockets, tus quo piece of legislation; it is not Commission amendment I think is not and it is a hefty price to pay for further even a bandaid on the problem. We all necessary. It is not necessary for us in delay. know, because we have talked about it Congress to give up and give in. We There is an alternative—a bill proposed by incessantly since we went on this bill, have a good resolution to the problem. Rep. Darrell Issa (R–Calif.) that would create that the Postal Service is in financial Incidentally, if we get this enacted, I a supervisory body to oversee the Postal difficulty. Incidentally, I wish to say think we will send a message to the Service’s finances and, if necessary, nego- there is not a dime of taxpayer money tiate new labor contracts. The bill, which American people that we can face a just emerged from committee, is not perfect, in the Postal Service. Ever since the tough problem that exists in a public but it offers a serious solution that does not Postal Service reforms occurred, it has service, deal with it in a reasonable leave taxpayers on the hook. been totally supported by ratepayers, way, and ask people to sacrifice but Mr. MCCAIN. I don’t know what the basically by people who buy the serv- keep a venerable and critically impor- ultimate result of the votes in the Sen- ices of the Postal Service, with two tant American institution alive and ate will be. I do know that if it passes, small exceptions which are small—one well. it will be strongly opposed in the other to pay for overseas ballots for members I thank the Chair and I yield the body, the House of Representatives. If of the military so they can vote and floor for my distinguished ranking it is passed and signed into law, we will another special program to facilitate member. be back on the floor within 2 years ad- the use of the mail by blind Americans. The PRESIDING OFFICER. The Sen- dressing this issue again because this is But it has a problem: $13 billion lost ator from Maine. not a solution. This isn’t even a man- over the last 2 years. Ms. COLLINS. Mr. President, I am date. It is a proposal that will do busi- This proposal of ours—Senator COL- only going to speak very briefly. I wish ness as usual and an abject failure to LINS and I, Senator CARPER and Sen- to shine a spotlight on a provision of recognize there are technological ator SCOTT BROWN—is not a status quo Senator MCCAIN’s substitute that has changes that make certain practices proposal. It makes significant changes. not yet been discussed that actually obsolete, and that is what this is all There are going to be about 100,000 raises constitutional issues. about. Is it painful? Yes. Is it difficult? fewer people working for the Postal All of us believe the labor force of the Yes. But the overall taxpayer obvi- Service as a result of this bill being Postal Service is too large and unfortu- ously wants us to act in a fiscally re- passed. There will be mail processing nately will have to be reduced, and we sponsible manner. facilities that close. There will be post do that through a system of buyouts I yield the floor. offices that will be closed and/or con- and retirement incentives through a The PRESIDING OFFICER. The Sen- solidated. There will be new sources of compassionate means very similar to ator from Connecticut. revenue for the Postal Service. The the way a large corporation would han- Mr. LIEBERMAN. Mr. President, bottom line: The U.S. Postal Service dle the downsizing of its employees. knowing we are scheduled to go out at itself estimates that our legislation, if But Senator MCCAIN’s alternative 12:50, I ask unanimous consent to stay enacted as it is now, as it is phased in takes a very different approach. It in session for no longer than 10 min- over the next 3 to 4 years, by 2016, will would have this new control board that utes more, so we will break at 1 p.m., save the Postal Service $19 billion a would be created to impose on the for Senator COLLINS and I to respond to year. This isn’t a bandaid. This is a Postal Service an obligation to renego- Senator MCCAIN—hopefully, sooner real reform, a real transformation of tiate existing contracts to get rid of than that. the Postal Service to keep it alive—$19 the no-layoff provision. The PRESIDING OFFICER. Without billion. I will say I was very surprised when objection, it is so ordered. Let me put it another way. This is a the Postmaster General signed the Mr. LIEBERMAN. I thank the Chair, bipartisan proposal. We have worked kinds of contracts he did this spring. particularly since the Chair will be oc- on it very hard to keep it bipartisan. The fact is Senator MCCAIN’s amend- cupied by the distinguished Senator We think it can pass the Senate and it ment—section 304 of which amends sec- from Montana between now and then. can ultimately be enacted. If Senator tion 1206 of existing law—requires ex- I wish to respond very briefly to the MCCAIN’s substitute were to pass the isting contracts to be renegotiated. statement of my friend from Arizona, Senate, nobody thinks it is going to That creates constitutional questions. with a couple big points. The first is get enacted into law. It would not. Cer- The potential constitutional issue de- that Senator MCCAIN has declared the tainly, the President of the United rives from the contracts clause of arti- Postal Service of the United States States would not sign it, and that will cle I, which prohibits States from pass- dead much too prematurely. He com- mean nothing will be done. What will ing laws impairing the obligation of pares it to the Pony Express. Of course, be the effect of that? The effect will be contracts. Of course, this provision electronic mail and other changes have that the post office will go further and does not apply to the Federal Govern- occurred but, today, every day, the further into debt and deficit. Also, the ment. The Congressional Research Postal Service delivers 563 million Postmaster General will be faced with Service has explained in a memo- pieces of mail—every day. There are a choice of either enormous debts and randum to me on this topic in July of businesses and individuals all over our deficits or taking steps that will make 2011 that the due process clause of the

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I ask unani- cannot agree on a resolution or adopt a pro- ing its own contracts, but the limitations cedure for a binding resolution of a dispute, imposed on federal economic legislation by mous consent that the CRS memo- the Director of the Federal Mediation and the latter clause have been held to be ‘‘less randum I just referred to be printed in Conciliation Service must appoint a medi- searching’’ than those involving the state the RECORD. ator. This section also provided authority to legislation under the Contract Clause. In two There being no objection, the mate- establish an arbitration board under certain Depression-era cases, however, the Supreme rial was ordered to be printed in the circumstances and said that board decisions Court held that some statutes which im- RECORD, as follows: are conclusive and binding on the parties. paired obligations to pay purchasers of feder- A collective bargaining agreement is a ally issued war risk insurance and bond- CONGRESSIONAL RESEARCH SERVICE, contract between the Postal Service and a holders that Congress had enacted as econ- Washington, DC, July 7, 2011. recognized bargaining unit. Can Congress af- omy measures exceeded constitutional lim- MEMORANDUM fect a collective bargaining agreement its. To: Senate Committee on Homeland Secu- through legislative action? The power of If a court should be influenced by the rea- rity and Governmental Affairs Atten- Congress over employee-management rela- soning expressed in these cases, it may tion: Lisa Nieman. tions at the Postal Service, including these strike down as a Due Process Clause viola- From: Thomas J. Nicola, Legislative Attor- agreements, may be divided into prospective tion a statute it finds to impair a term of a ney, 7–5004. authority versus authority over existing Postal Service collective bargaining agree- Subject: Congressional Authority to Alter agreements. Congress has authority to mod- ment before that agreement expires. If a Postal Service Employee-Management ify the scope of bargaining prospectively. In court should wish to avoid deciding a case Relations, Including Collective Bar- the Postal Reorganization Act of 1970, Con- involving whether such a statute violates gaining Agreements. gress granted the Postal Service authority the Due Process Clause, a constitutional to bargain over compensation, benefits (such This memorandum responds to your in- ground, it may uphold the statute, but re- as health insurance and life insurance, for quiry regarding the authority of Congress to quire the United States to pay damages for example), and other conditions of employ- alter Postal Service employee-management breaching a term of the agreement. Alter- ment, but it could amend that statute to relations, including collective bargaining natively, because the limitations on federal limit the scope of bargaining subjects in the agreements. The employee-management au- impairment of contracts have been held to be future. It could, for example, provide that thority that Congress has granted to the ‘‘less searching’’ than those that apply to health insurance no longer will be the sub- United States Postal Service in the Postal state impairments under the Contract Clause ject of collective bargaining after collective Service Reorganization Act of 1970, P.L. 91– of the Constitution, which are permitted if bargaining agreements that address that 375, is broader than authority that it has found to be ‘‘reasonable and necessary,’’ a subject expire. court may uphold a statute that impairs a granted to most federal entities. Congress A more difficult question is whether Con- term of a current Postal Service collective enacted the 1970 Act, codified in title 39 of gress could modify agreement terms that the bargaining agreement and not assess dam- the United States Code, to enable the U.S. Postal Service and recognized bargaining ages against the United States. Postal Service to operate more like a busi- representatives have bargained collectively ness than a government agency. Before this and included in collective bargaining agree- Ms. COLLINS. There is also a Su- statute became law, postal services were op- ments before they expire. Article I, section preme Court case, Lynch v. The United erated by the Post Office Department, a cab- 10, clause 1 of the United States Constitu- inet level government agency. States, which makes clear that the due tion, the Contract Clause, provides that laws process clause prohibits the Federal The Act established the Postal Service as impairing the obligation of contracts shall an independent establishment in the execu- Government from annulling its con- not be passed, but this prohibition applies to tracts and the United States is as tive branch of the United States Govern- the states, not to the federal government. ment. While Congress applied to the Postal Nevertheless, the jurisprudence under this much bound by its contracts as are pri- Service some statutes including those relat- clause may help inform an inquiry regarding vate individuals. ing to veterans’ preference and retirement the power of Congress to modify terms of In the landmark case of U.S. v. that apply to federal agencies, it provided in collective bargaining agreements while they Winstar decided in 1996, the Supreme 39 U.S.C. section 1209(a) that, ‘‘Employee- are in effect. management relations shall, to the extent Court cited Lynch for the proposition In United States Trust Co. v. New Jersey, that the Federal Government ‘‘has not inconsistent with the provisions of this the Supreme Court said that, ‘‘Although the title [title 39 of the U.S. Code], be subject to Contract Clause appears literally to pro- some capacity to make agreements the provisions of subchapter II of chapter 7 scribe ‘any’ impairment, this Court has ob- binding future Congresses by creating of title 29[,]’’ i.e., the National Labor Rela- served that ‘the prohibition is not an abso- vested rights,’’ even though the Con- tions Act, which governs private sector em- lute one and is not to be read with literal tract Clause does not directly apply. ployee-management relations. By contrast, exactness like a mathematical formula.’ ’’ It Obviously, one Congress cannot bind provisions relating to those relations for fed- added that: eral agencies are codified in chapter 71 of another, and no Federal agency can The Contract Clause is not an absolute bar bargain away the right of Congress to title 5 of the United States Code. to subsequent modification of a state’s own In section 1005 of title 39, Congress identi- financial obligations. As with laws impairing legislate in the name of the people. But fied subjects of Postal Service collective bar- the obligation of private contracts, an im- no one would ever sign a contract with gaining—compensation, benefits, and other pairment [of those obligations] may be rea- an instrumentality of the Federal Gov- terms and conditions of employment. This sonable and necessary to serve an important ernment if that contract could be re- scope of subjects differs from the scope for public purpose. In applying this standard, written by Congress at will. federal agencies identified in chapter 71 of however, complete [judicial] deference to a title 5, which is limited to ‘‘conditions of em- Recognizing this, the courts have dis- legislative assessment of reasonableness and tinguished between acts which affect ployment.’’ necessity is not appropriate because the Addressing the transition from the Post state’s self interest is at stake. A govern- contracts in general, where the Federal Office Department to the businesslike U.S. mental entity can always find a use for extra Government is exercising its sovereign Postal Service, Congress in 39 U.S.C. section money, especially when taxes do not have to powers, and acts directly altering the 1005(f), as amended, stated, in relevant part, be raised. If a state could reduce its financial obligations of contracts to which the that: obligations whenever it wanted to spend the Federal Government is itself a party. No variation, addition, or substitution money for what it regarded as an important The Winstar case I mentioned before with respect to fringe benefits shall result in public purpose, the Contract Clause would illustrates this distinction. Winstar a program of fringe benefits which on the provide no protection at all. whole is less favorable to the officers and Based on the United States Trust Co. case, was brought by a financially healthy employees in effect on the effective date of courts subsequently developed a three-part Savings & Loan institution that was this section [enacted on August 12, 1970], and test when assessing the constitutionality of asked by Federal regulators to take as to officers and employees/or whom there state action challenged as an impairment of over failing thrifts during the S&L cri- is a collective-bargaining representative, no contracts—(1) whether the state action in sis of the 1980s. After Winstar entered such variation, addition, or substitution fact impairs a contractual obligation; (2) into a contract with the Federal Sav- shall be made except by agreement between whether the impairment is substantial; and ings & Loan Insurance Corporation the collective bargaining representative and (3) whether the impairment nevertheless is stipulating that it could count the the Postal Service.’’ (Emphasis supplied.) reasonable and necessary to serve a public In section 1207 of title 39, Congress pro- purpose. ‘‘goodwill’’ of the thrifts it took over vided procedures for terminating or modi- Although the Contract Clause does not to offset the liabilities it was assum- fying collective bargaining agreements. It apply to the federal government, the Due ing, Congress changed the underlying

VerDate Mar 15 2010 02:35 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.029 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2634 CONGRESSIONAL RECORD — SENATE April 24, 2012 law. Based on that change, the regu- it to Republicans: We are going to The PRESIDING OFFICER. The Sen- lators reneged, declared Winstar ‘‘inad- have—after this first vote, I ask unani- ator from Alabama. equately capitalized,’’ and seized its as- mous consent that we have 10-minute Mr. SESSIONS. Mr. President, I ap- sets. votes. preciate the good work of our col- In that case, the Supreme Court held The PRESIDING OFFICER. That is leagues on this legislation. Unfortu- that even though Congress had the the order. nately, the legislation spends $34 bil- right to change the law in general, the Mr. REID. And we are going to en- lion, all of which would be borrowed, Federal Government could still be lia- force that. So if people are not here, all of which adds to the debt of the ble for breach of contract it had en- they are going to miss a vote. Unless United States and is contrary to the tered into with Winstar, and for dam- there is a situation where we have a Budget Control Act limitations that ages. close vote, then we will extend it a lit- were passed just last August. It is real- I am concerned that if the Postal tle bit because that is what the tradi- ly a grievous problem, not one that can Service reopens and renegotiates its tion has been. So I repeat, everybody be avoided lightly. collective bargaining agreements to be here or you are going to miss a vote Just last August we agreed to certain comply with the McCain amendment, if you are not here at the end of the debt limits—the amount of debt we courts could find the Postal Service in time. would incur and add to the U.S. Treas- breach of those agreements, and force Mr. President, I ask for the yeas and ury. It was a fought-over agreement, it to pay damages. nays on this matter. but we reached it and we stood by it. I At a minimum, it strikes me that The PRESIDING OFFICER. Is there a believe we have a moral obligation to Senator MCCAIN’S language could tie sufficient second? not mislead the people who elected us There appears to be a sufficient sec- up the Postal Service in litigation for when we said we intend to stand by the ond. years, which would defeat our efforts limits on increasing debt. This bill in- The clerk will call the roll. to reduce the workforce costs faced by creases debt above that limit. The Con- the Postal Service. The legislative clerk called the roll. Mr. KYL. The following Senator is gressional Budget Office scores it as Bottom line: I am very concerned necessarily absent: the Senator from adding $34 billion in debt to the United that if the Postal Service is forced by Illinois (Mr. KIRK States. the McCain substitute to reopen and ). The PRESIDING OFFICER. Are there Chairman CONRAD has certified that renegotiate current collective bar- any other Senators in the Chamber de- a budget point of order is legitimately gaining agreements, the courts would siring to vote? placed against it. I would expect we find the Postal Service in breach of The result was announced—yeas 45, would have a motion to waive the those agreements and force it to pay nays 54, as follows: budget point of order. I would expect damages and also that it would be [Rollcall Vote No. 68 Leg.] there might be a motion to say, well, found to be unconstitutional. The ap- YEAS—45 we do not agree with CBO or that proach we have taken does not raise somehow this is so important we need those constitutional concerns. It does Alexander DeMint McCain Ayotte Enzi McConnell to add to the debt anyway. But, col- not have Congress stepping in to abro- Barrasso Graham Moran leagues, if we mean what we say, if at gate contracts, which is a very serious Blunt Grassley Paul this time in history we begin to at and potentially unconstitutional step Boozman Hatch Portman Brown (MA) Heller Risch least stay within the limits we agreed for us to take. Burr Hoeven Roberts and we don’t do that, then I think we Finally, I would say I agree with ev- Chambliss Hutchison Rubio will lose further credibility with the erything my chairman has said. Sen- Coats Inhofe Sessions American people. ator MCCAIN’s amendment does not ad- Coburn Isakson Shelby Cochran Johanns Snowe I respect the work of my colleagues dress the true problems of the Postal Collins Johnson (WI) Thune on the bill, but I think we are setting Service. Instead, it assumes that the Corker Kyl Toomey a great precedent. It is a matter of im- Postal Service is obsolete, that they Cornyn Lee Vitter Crapo Lugar Wicker portance for our own integrity and the cannot be saved, and that we should fiscal stability of America. I believe it just preside over its demise. I reject NAYS—54 is important that we adhere to that that approach. Akaka Hagan Murray limit. Thank you, Mr. President. Baucus Harkin Nelson (NE) Begich Inouye Nelson (FL) The spending measure, amendment f Bennet Johnson (SD) Pryor No. 2000 to S. 1789, the 21st Century Bingaman Kerry Reed Postal Service Act, would violate Sen- RECESS Blumenthal Klobuchar Reid ate pay-go rules and increase the def- The PRESIDING OFFICER. Under Boxer Kohl Rockefeller Brown (OH) Landrieu Sanders icit; therefore, I raise a point of order the previous order, the Senate stands Cantwell Lautenberg Schumer against this measure pursuant to sec- in recess until 2:15 p.m. Cardin Leahy Shaheen tion 201(a) of S. Con. Res. 21, the con- Thereupon, the Senate, at 1:01 p.m., Carper Levin Stabenow current resolution on the budget for recessed until 2:15 p.m., and reassem- Casey Lieberman Tester Conrad Manchin Udall (CO) fiscal year 2008. bled when called to order by the Pre- Coons McCaskill Udall (NM) The PRESIDING OFFICER. The Sen- siding Officer (Mr. WEBB). Durbin Menendez Warner ator from Connecticut. f Feinstein Merkley Webb Franken Mikulski Whitehouse Mr. LIEBERMAN. Mr. President, PROVIDING FOR CONGRESSIONAL Gillibrand Murkowski Wyden pursuant to section 904 of the Congres- DISAPPROVAL OF THE RULE NOT VOTING—1 sional Budget Act of 1974 and the waiv- SUBMITTED BY THE NLRB RE- Kirk er provisions of applicable budget reso- LATING TO REPRESENTATION The motion was rejected. lutions, I move to waive all applicable ELECTION PROCEDURES—MOTION sections of the act and budget resolu- TO PROCEED—Continued f tions for purposes of the pending The PRESIDING OFFICER. Under 21ST CENTURY POSTAL SERVICE amendment for reasons that we de- the previous order, the Senate will re- ACT scribed in the debate we had here on sume consideration of the motion to The PRESIDING OFFICER. Under the floor yesterday. The U.S. Postal proceed to S.J. Res. 36. the previous order, the clerk will re- Service says this bill will, in fact, save The question is on agreeing to the port the pending business. $19 billion a year. motion. The legislative clerk read as follows: I ask for the yeas and nays. The majority leader. A bill (S. 1789) to improve, sustain, and The PRESIDING OFFICER. Is there a Mr. REID. Mr. President, we are transform the United States Postal Service. sufficient second? There is a sufficient going to have a bunch of votes today, Pending: second. and we are going to have to do them Reid (for Lieberman) modified amendment Mr. LIEBERMAN. I ask unanimous quickly. I say this to Democrats; I say No. 2000, in the nature of a substitute. consent that the vote on this motion to

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If I may, if we are for a number of years, the Postal Serv- be borrowed over the decade, according going to vote now—and Senator COL- ice has overpaid its obligation into the to CBO. With regard to the $11 billion, LINS and I spoke to this at great length Federal Employees Retirement Sys- that money will be borrowed and given yesterday. The CBO score my friend tem—$12 billion to $13 billion in over- to the Postal Service. It increases the from Alabama cites is a real payment. They are owed that money. debt of the United States. misreading of the effect of this legisla- They should be given that money. They Therefore, CBO scores it as a viola- tion. It is a kind of form of accounting are going to use it to help 100,000 postal tion of the debt limit in the pay-go pro- over the reality of budgeting. The bot- employees who are eligible to retire to vision. It clearly is. So we are not say- tom line is that the U.S. Postal Service retire. They will use that money to pay ing we should not have a postal bill. itself says that if this bill—the sub- down their debt—$13 billion—and al- Let’s vote, stand firm with the debt stitute to S. 1789—is adopted—and it most wipe it out. They will use it for limit agreement we had in August. would be phased in over 3 years—the that purpose. CBO scores that as some- Let’s ask our good committee to Postal Service will save $19 billion an- thing that makes the budget deficit produce a bill that is paid for in some nually. To me, that is what this is all bigger. If they overpaid the money into fashion. We spend $3,700 billion in the about—no deficit, a saving. the Federal Employees Retirement United States. We need to find about $3 I ask my colleagues to support the System, they ought to get it back. billion a year to fund their proposal to motion to waive the point of the order. solve this problem. That is what we I would yield to my ranking member. They should get people who are eligible to retire and want to retire to retire. should do. We are at a defining mo- The PRESIDING OFFICER. The Sen- ment. There is no middle ground. I say ator from Maine. They should use it to pay down a $12 billion line of credit to the Federal vote to sustain the point of order. Ms. COLLINS. Mr. President, the The PRESIDING OFFICER. The Sen- score for the substitute is incredibly Government. The second point I wish to make is ator from Vermont. misleading. As the Postal Service has Mr. SANDERS. Mr. President, for a the one offered by Senator LIEBERMAN. told us, this bill would save the Postal very long time, in a bipartisan way, a If we do nothing and we get to May 15, Service $19 billion, and that would re- number of people have come together the Postal Service is free to close post turn it to profitability. The problem is to save the U.S. Postal Service. Sen- offices across the country—3,700 of the unique status of the Postal Service ator LIEBERMAN and Senator CARPER them. They are free to close as many in that it is off-budget for operations and Senator COLLINS and Senator as 200 to 300 mail processing centers. but on-budget for workers’ benefits ac- BROWN have worked very hard, as have There is a smarter way to do this, counts. This is true despite the fact many others, because if the Postal which is in this legislation. that these accounts the Postal Service Service goes under or is dismembered, Lastly, we are going to have the op- pays into are not funded with tax dol- we are talking about 8 million jobs in portunity today and tomorrow for all lars. this country—small businesspeople of us to better understand the amend- The postal employees are contrib- who are dependent on a strong Postal ments that have been agreed to and of- uting. The Postal Service, from its rev- Service. enue, is contributing. fered by both sides, what has been The Postmaster General originally For the retirement accounts, we are agreed to and put into the managers’ was talking about shutting down 3,700 not talking about tax dollars from the amendment, which we will, frankly, rural post offices in every State in this Postal Service. These are contributions have a lot more confidence in. country. I hope Members understand The Postal Service tells us today from the postal employees and by the that a post office in a rural town is Postal Service from its revenues. But they are going to lose $23 million. They more than just a post office. If that because of the unified budget, it is con- lost that much yesterday. They are post office disappears, in many cases sidered to be an on-budget status for going to lose that much again tomor- that town disappears. The Postmaster these benefit accounts—most likely be- row, the next day, and the next day. General was talking about specifically cause they are shared with other Fed- They owe $13 billion to the Treasury. slowing mail delivery standards, shut- eral agencies that are using tax dol- What I think is more important to ting down half the processing plants in lars. keep in mind is when we finish our this country—over a short period of I urge my colleagues to vote for the work today and tomorrow, and we look time, eliminating 200,000 jobs in this motions to waive. If they do not and to see what that means for the Postal country. this bill falls, it will spell the end of Service, in terms of their operation on I hope we can proceed, have a serious the Postal Service. a daily basis and where will they be in debate on these issues, hear all the The PRESIDING OFFICER. The Sen- terms of paying their obligation by amendments, but at the end of the day, ator from Connecticut. 2016, we need to keep our eye on the I hope we will go forward and save the Mr. LIEBERMAN. Mr. President, ball. I urge Senators not to vote for U.S. Postal Service. very briefly, I join my colleague in say- this. Give us a day for the body to work The PRESIDING OFFICER. The Sen- ing that if this point of order by our its will and then make your decision. If ator from Tennessee. friend from Alabama is sustained and we have not made any more progress, Mr. CORKER. Mr. President, I too this bipartisan bill therefore is not able vote against it. thank the chairman and ranking mem- to be brought up, the effect will be that Lastly, several of our colleagues have ber of the committee and Senator CAR- the Postal Service will continue to run well-intentioned amendments that will PER for bringing something to the floor ever-greater losses to a point where literally drive up the cost and make it that is bipartisan. I applaud that and they, in fact, will have to turn to the harder for the Postal Service to move the fact that the committee process is Treasury, which they are not doing toward a balanced situation, to a sov- working. now, to bail them out. This is a respon- ereign situation. I urge Senators—and But the fact is we did set a top line sible answer to a problem and a bipar- some of these amendments are offered number when the country almost shut tisan one. by people we love and it is hard to say down last August 2. On one of the very I urge my colleagues to vote to sup- no to them. But in this case, maybe the first pieces of legislation we passed, port the motion to waive the Senator’s greater devotion should be to the tax- the highway bill, we violated that point of order. payers of our country, to the people budget cap. It wasn’t by much, but we The PRESIDING OFFICER. The Sen- who work for the Postal Service, and violated it. Now we have a bill that ator from Delaware. to their customers. violates it by $11 billion. Mr. CARPER. Mr. President, I hope The PRESIDING OFFICER. The Sen- What I say is that if the Postal Serv- my colleagues listened to what Senator ator from Alabama. ice is that important to this Nation, if

VerDate Mar 15 2010 02:37 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.033 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2636 CONGRESSIONAL RECORD — SENATE April 24, 2012 it has bipartisan support, should we don’t give them the tools to do that, We have 39 amendments pending. not figure out a way to deal with the we are going to be losing the Postal This bill may change as the debate Postal Service in such a way to stay Service. goes on. The final vote on passage of within the budget constraints we have There is a misconception somehow the bill will require 60 votes. So don’t laid out? It seems to me things that out there that there is a bailout going cut it off now. are very popular in this Nation are the on. These are dollars that are rate- Let’s have this debate and prove to very things we ought to make choices payer dollars, not taxpayer dollars. Our the American people that we can take about and eliminate something else if bill doesn’t prevent the Postal Service on a problem and, on a bipartisan we want to spend money in this way. I from making changes or streamlining basis, fix it. I urge my colleagues to would like to see a bill that is far more operations, but it ensures that it rolls vote for the motion to waive the point reformed, and I think if we did that, out changes in a deliberate and respon- of order. the tab on this would not be $11 billion sible manner. It is fair to the employ- The PRESIDING OFFICER. The Sen- above the budget. ees and gives postal customers the abil- ator from Indiana. What I say to everybody here is, ity to continue to use the service, pro- Mr. COATS. Mr. President, I think please, our credibility is going out the vide short-term relief without taxpayer there is merit in the discussion about window. Sixty-four of us signed a letter funding—that FERS overpayment of whether we vote now or vote later. The to the leader and to the President ask- between $7 billion and $10 billion, part important thing is that we vote on this ing that we deal in a real way with def- of which we can use to help reduce the budget point of order. It is not as if the icit reduction. The country almost workforce without even blinking. It is entire process of trying to fix the post shut down. The world watched. We es- a no-brainer. office is going to collapse if we take this vote and it succeeds. All we are tablished a top line number, and here It provides long-term relief as well, asking is that we find a way to pay for we are, for something we like, vio- curbside delivery, administrative effi- it. This Senate agreed last August to lating that. We are losing all credi- ciencies and other reforms, retiree the Budget Control Act; that we were bility with our citizens—the citizens health care restructuring. It focuses its not going to exceed these limits, and we represent. We are losing credibility primary attention on the primary that we would find, if there was some- in the world. costs, the controversial Postal Service thing essential that needed to be To me, if we are going to produce a closures, going from 5-day service to 6- done—if that is the case to be made bipartisan piece of legislation, it ought day service. Listen, both sides are here—we would at least find a way to to be one that lives within the bipar- highly charged on these issues. Had stay within what we agreed to do. This tisan agreement we had regarding what they been involved in the conversa- is the second time now, I believe— we are going to spend in this Nation. tions of upward of 400 hours between maybe more—that we have violated I yield the floor. staff and Members working on these that agreement. So what do we go The PRESIDING OFFICER. The Sen- things, we could have worked through home and tell our people? Well, this ator from Louisiana. those, instead of waiting until, once was so important—to save some post Ms. LANDRIEU. Mr. President, I add again, the end hour to get on these offices—that we had to violate an my strong voice to support the position issues. agreement which was agreed to by a of Senators LIEBERMAN, COLLINS, CAR- Once again, I am with Senators LIE- strong majority here to save the coun- PER, and BROWN, who has also been a BERMAN, CARPER, and COLLINS, obvi- try from default. great leader in this bipartisan effort to ously, in my effort to continue to move There are priorities. It is impossible save the Postal Service and put it on a this bill forward so we can have a good for me to understand why we can’t, in more sound financial footing, not at conversation about how to reestablish this government that spends over $3.7 the expense of taxpayers generally but that trust between the American rate- trillion, find a way to scare up $34 bil- the users of the Postal Service. payer, taxpayer, and the Postal Serv- lion over a 10-year period of time to This is about rural towns in America. ice. We need to do this. cover the cost this bill is going to lay This is about small businesses every- It is very important for us to do it. on us. So I would urge, whether we vote where that rely on the Postal Service We need to move on and focus on the now or vote later on the point of order to get basic business done. Don’t vote things that matter. This matters. I made by the Senator from Alabama, wrong today. Give the Postal Service a want to make sure I can send my mom that we consider this. We have a recess chance to save itself. That is what we a card. I want to make sure we can week coming up. Staff can get together are doing. We are giving rural commu- continue to keep our people employed. and dig out $34 billion in cost savings nities a chance to fight and to be part I want to make sure we have an insti- we can apply to this so we don’t have of a growing economy. We are giving tution that will be viable into the next to worry about going home and telling small businesses the opportunity to century. I hope we will move forward. people we didn’t keep our word, that stay in business. Don’t cut them off I yield the floor. we lied to them last August. today. Let this debate go forward be- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- cause we are trying to do the right ator from Connecticut. ator from Oklahoma. thing and go in the fiscally responsible Mr. LIEBERMAN. Mr. President, Mr. COBURN. Mr. President, I sit on direction. very briefly, I thank Senator BROWN this committee. I voted on the last I see my colleague from Massachu- from Massachusetts for his statement postal reform bill. I am not unfamiliar setts who has been a very able leader in and his work on the bill. with the issues. I think the question our effort. This point of order puts the whole before us is why can’t we do both? Why The PRESIDING OFFICER. The Sen- bill in jeopardy. Right at the beginning can’t we fix the post office and pay for ator from Massachusetts. of the debate and the vote, it forces it at the same time, if in fact the CBO Mr. BROWN of Massachusetts. Mr. Members to decide whether they want says that? Our answer, always, up here President, I thank the Senator for to deal with this crisis of the Postal is that we want to fix the post office speaking on this important issue. This Service. I think it tests Congress but we don’t want to make the hard is something that is ratepayer costs, again—in this case the Senate. Are we choices on how to do that. not taxpayer dollars. It is something going to face a real problem in one of My colleagues have done great work. we have worked on for a couple the iconic areas of American public There are parts of this bill I don’t months. All of a sudden we are here at service, the Postal Service, which can- agree with. I am trying to amend parts the end now and everybody is saying, not continue to do business as it is of it. But I think we should try to move by the way, we cannot do it. now—and this bill will force it to forward with it. The ultimate question Bottom line: If we don’t do this and change in ways that are significant but is, will we do what is best for the post pass it, we will not have a Postal Serv- will still keep it alive—or are we going office and the American people. And ice. This is something we recognize— to turn away from the problem, which doing what is best for the post office there is a new business environment would be the effect of sustaining this and the American people is any cost that the Postal Service operates under point of order. It would also cut off the where the CBO says we will violate the but one focused on sustainment. If we debate. budget agreement we should pay for.

VerDate Mar 15 2010 03:22 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.035 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2637 I will offer right now to come up with [Rollcall Vote No. 69 Leg.] The PRESIDING OFFICER. Without easy ways to pay for this bill just YEAS—62 objection, it is so ordered. through the duplication reports we Akaka Gillibrand Murray The amendment is as follows: have gotten from the Government Ac- Baucus Hagan Nelson (NE) (Purpose: To modify the process for closing countability Office. We all know it is Begich Harkin Nelson (FL) or consolidating post offices and postal fa- Bennet Hoeven out there. We all know there is $100 bil- Pryor cilities) Bingaman Inouye Reed lion, at least, that we could come up Blumenthal Johnson (SD) On page 27, strike lines 24 and 25 and insert Reid the following: with by consolidating programs or Blunt Kerry Roberts (a) CLOSING OR CONSOLIDATING CERTAIN Boxer Klobuchar Rockefeller mandating they be consolidated. So it Brown (MA) Kohl POSTAL FACILITIES.—Section 404 of title 39, Sanders is not a matter of finding the money, it Brown (OH) Landrieu United States Code, is amended by adding Schumer Cantwell Lautenberg after subsection (e) the following: is a matter of whether we have the Shaheen will. Cardin Leahy On page 35, between lines 16 and 17 insert Carper Levin Snowe Stabenow the following: We are on a collision course with his- Casey Lieberman (b) COMPLAINTS RELATING TO CLOSING OR tory that says we are not going to suc- Cochran Manchin Tester Udall (CO) CONSOLIDATION OF POSTAL FACILITIES.—Sec- Collins McCaskill tion 3662 of title 39, United States Code, is ceed if we don’t get our budgets in Conrad Menendez Udall (NM) order. So I agree it is hard to stomach Coons Merkley Warner amended— sometimes what the CBO tells us. It Durbin Mikulski Webb (1) in subsection (b), by adding at the end doesn’t fit with common sense. When it Feinstein Moran Whitehouse the following: Franken Murkowski Wyden ‘‘(3) SUSPENSION OF EFFECTIVENESS OF DE- works for us, we use it. When it works TERMINATION TO CLOSE OR CONSOLIDATE POST- NAYS—37 against us, we say it doesn’t matter. AL FACILITIES.—The Postal Regulatory Com- This is a budget point of order, and I Alexander Graham McConnell mission shall suspend the effectiveness of a think we can do both, and I think we Ayotte Grassley Paul determination by the Postal Service to close Barrasso Hatch Portman or consolidate a postal facility until the dis- ought to do both. Boozman Heller Risch position of any complaint challenging the I yield the floor. Burr Hutchison Rubio Chambliss Inhofe closing or consolidation on the basis that the The PRESIDING OFFICER. The Sen- Sessions Coats Isakson Shelby closing or consolidation is— ator from Maine. Coburn Johanns Thune ‘‘(A) not in conformance with service Corker Johnson (WI) Toomey standards issued under section 3691, includ- Ms. COLLINS. Mr. President, let me Cornyn Kyl Vitter ing the service standards required to be repeat for my colleagues one more Crapo Lee Wicker maintained under section 201 of the 21st Cen- time: There are no taxpayer dollars au- DeMint Lugar Enzi McCain tury Postal Service Act of 2012; or thorized by this bill or appropriated by ‘‘(B) unsupported by evidence on the record this bill. The score is caused by the NOT VOTING—1 that substantial economic savings are likely unique status the postal service ac- Kirk to be achieved as a result of the closing or counts have within the unified budget. consolidation.’’; and The operational accounts are off budg- The PRESIDING OFFICER. On this (2) in subsection (c), by inserting ‘‘ordering et. The employee health benefits and vote the yeas are 62, the nays are 37. the Postal Service to keep a postal facility retiree accounts are on budget because Three-fifths of the Senators duly cho- open,’’ after ‘‘loss-making products,’’. sen and sworn having voted in the af- On page 39, strike line 21 and all that fol- those accounts are also used by Federal lows through page 45, line 2 and insert the agencies. firmative, the motion is agreed to. Mr. LIEBERMAN. Mr. President, I following: (a) CLOSING POST OFFICES.—Section 404(d) Let me again quote from the inspec- move to reconsider the vote, and I tor general who explains the system of title 39, United States Code, is amended to move to lay that motion on the table. read as follows: very well. He says the source of the The motion to lay on the table was ‘‘(d)(1) The Postal Service, prior to making Federal employee retirement funding agreed to. a determination under subsection (a)(3) of comes from two streams of revenue. Mr. LIEBERMAN. I thank my col- this section as to the necessity for the clos- ing or consolidation of any post office, First, the U.S. Postal Service contrib- leagues. utes 11.9 percent of the employees’ sal- shall— We had kind of an existential vote at ‘‘(A) consider whether— aries to the fund and the employees the beginning which we didn’t expect. contribute .8 percent. The postal serv- ‘‘(i) to close the post office or consolidate It is always good to survive terminal the post office and another post office lo- ice’s contribution comes from revenue action, and now we can proceed. We cated within a reasonable distance; paid for postage, and this money comes have 39 amendments pending. I hope we ‘‘(ii) instead of closing or consolidating the from ratepayers. The employee con- can proceed expeditiously. I hope some post office— tribution is made in exchange for a de- of our colleagues will agree to voice ‘‘(I) to reduce the number of hours a day that the post office operates; or fined benefit. votes. On several of these, Senators There are no tax dollars authorized ‘‘(II) to continue operating the post office COLLINS, CARPER, SCOTT BROWN, and I for the same number of hours a day; or appropriated by this bill. It is a agreed on and we are prepared to ac- ‘‘(iii) to procure a contract providing full, quirk of the way the unified budget cept them. So I hope our colleagues or less than full, retail services in the com- works. And that is why we should vote will allow us to do that by consent. But munity served by the post office; or to waive this point of order. We are not now we can proceed with the first ‘‘(iv) to provide postal services to the com- talking about taxpayer dollars here. amendment. munity served by the post office through a rural carrier; I thank the Chair. AMENDMENT NO. 2056, AS MODIFIED ‘‘(B) provide postal customers served by The PRESIDING OFFICER. The Mr. TESTER. Mr. President, I call up the post office an opportunity to participate question is on agreeing to the motion my amendment No. 2056 and ask unani- in a nonbinding survey conducted by mail on to waive the point of order raised by mous consent that it be modified with a preference for an option described in sub- the Senator from Alabama. the changes at the desk. paragraph (A); and The yeas and nays have been ordered. The PRESIDING OFFICER. Is there ‘‘(C) if the Postal Service determines to close or consolidate the post office, provide The clerk will call the roll. objection? Without objection, it is so ordered. adequate notice of its intention to close or The assistant legislative clerk called consolidate such post office at least 60 days The clerk will report. the roll. prior to the proposed date of such closing or The assistant legislative clerk read consolidation to persons served by such post Mr. KYL. The following Senator is as follows: office to ensure that such persons will have necessarily absent: the Senator from The Senator from Montana [Mr. TESTER] an opportunity to present their views. Illinois (Mr. KIRK). for himself and others, proposes an amend- ‘‘(2) The Postal Service, in making a deter- The PRESIDING OFFICER (Mr. ment numbered 2056, as modified. mination whether or not to close or consoli- date a post office— COONS). Are there any other Senators Mr. TESTER. Mr. President, I ask ‘‘(A) shall consider— in the Chamber desiring to vote? unanimous consent that further read- ‘‘(i) the effect of such closing or consolida- The yeas and nays resulted—yeas 62, ing of the amendment be dispensed tion on the community served by such post nays 37, as follows: with. office;

VerDate Mar 15 2010 03:22 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.037 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2638 CONGRESSIONAL RECORD — SENATE April 24, 2012 ‘‘(ii) the effect of such closing or consolida- ‘‘(B) if otherwise lawfully delivered to the I yield the floor. tion on employees of the Postal Service em- Commission, be considered to have been re- The PRESIDING OFFICER. The Sen- ployed at such office; ceived on the date determined based on any ator from Connecticut. ‘‘(iii) whether such closing or consolidation appropriate documentation or other indicia Mr. LIEBERMAN. Mr. President, I is consistent with— (as determined under regulations of the Com- support Senator TESTER’s amendment. ‘‘(I) the policy of the Government, as stat- mission). ed in section 101(b) of this title, that the ‘‘(7) Nothing in this subsection shall be It simply creates safeguards to en- Postal Service shall provide a maximum de- construed to limit the right under section sure that the Postal Service, when it gree of effective and regular postal services 3662— closes a post office, does so as the re- to rural areas, communities, and small ‘‘(A) of an interested person to lodge a sult of a process that is transparent towns where post offices are not self-sus- complaint with the Postal Regulatory Com- and takes into account the unique taining; and mission under section 3662 concerning non- needs of communities, particularly ‘‘(II) the retail service standards estab- conformance with service standards, includ- small towns and rural areas. lished under section 203 of the 21st Century ing the retail service standards established Postal Service Act of 2012; under section 203 of the 21st Century Postal This does not stop the decision- ‘‘(iv) the extent to which the community Service Act of 2012; or making process at the Postal Service served by the post office lacks access to ‘‘(B) of the Postal Regulatory Commission, to change the Postal Service. It makes Internet, broadband and cellular phone serv- if the Commission finds a complaint lodged it transparent and fair. ice; by an interested person to be justified, to If I may, at this time I ask unani- ‘‘(v) whether substantial economic savings order the Postal Service to take appropriate mous consent that if a voice vote is re- to the Postal Service would result from such action to achieve compliance with applicable quested and acceptable for any of the closing or consolidation; and requirements, including the retail service amendments relative to the postal re- ‘‘(vi) such other factors as the Postal Serv- standards established under section 203 of ice determines are necessary; and the 21st Century Postal Service Act of 2012, form bill, including this one, that the ‘‘(B) may not consider compliance with or to remedy the effects of any noncompli- 60-vote affirmative vote requirement any provision of the Occupational Safety and ance.’’. be waived for that amendment. Health Act of 1970 (29 U.S.C. 651 et seq.). The PRESIDING OFFICER. Is there ‘‘(3) Any determination of the Postal Serv- The PRESIDING OFFICER. There will now be 2 minutes of debate, equal- objection? Without objection, it is so ice to close or consolidate a post office shall ordered. be in writing and shall include the findings ly divided, prior to a vote on amend- of the Postal Service with respect to the con- ment No. 2056, offered by the Senator Mr. LIEBERMAN. Mr. President, I siderations required to be made under para- from Montana. want to note for the benefit of our col- graph (2) of this subsection. Such determina- Mr. TESTER. Mr. President, amend- leagues that on the list of 39 amend- tion and findings shall be made available to ment No. 2056 requires the Postal Serv- ments, the first amendment was Sen- persons served by such post office. ice to take into consideration some ator MCCAIN’s amendment No. 2001. He ‘‘(4) The Postal Service shall take no ac- did not call it up, which is an expres- tion to close or consolidate a post office pretty commonsense things, such as until 60 days after its written determination economic savings, before they urge the sion of his intention not to go forward is made available to persons served by such shutdown of a post office or mail proc- with it. I thank him for that, and I post office. essing center. hope it sets a precedent that other of ‘‘(5) A determination of the Postal Service It also requires the Postal Service to the sponsors of amendments will feel to close or consolidate any post office, sta- take into account retail service stand- moved to follow. tion, or branch may be appealed by any per- ards. That means the Postal Service The PRESIDING OFFICER. All time son served by such office, station, or branch would not be able to leave a commu- to the Postal Regulatory Commission within has expired. 30 days after such determination is made nity without access to basic postal The Senator from Maine. available to such person. The Commission services when it closes down a post of- Ms. COLLINS. Mr. President, I too shall review such determination on the basis fice. support the amendment offered by Sen- of the record before the Postal Service in the If the Postal Service does not meet ator TESTER and Senator LEVIN. making of such determination. The Commis- these criteria, the Postal Regulatory It simply makes clear that the Postal sion shall make a determination based upon Commission can review and reject the Regulatory Commission may review an such review no later than 120 days after re- Postal Service’s proposal. This amend- appeal of a post office closure if it vio- ceiving any appeal under this paragraph. The ment adds much needed teeth to the Commission shall set aside any determina- lates either the overnight delivery tion, findings, and conclusions found to be— amendment that Senator MORAN and I service standard or the retail service ‘‘(A) arbitrary, capricious, an abuse of dis- offered when this bill was before the standards that are created by our bill. cretion, or otherwise not in accordance with committee. So I urge support for the amendment. the law; I am joined by a number of cospon- Mr. LEVIN. Mr. President, the bill ‘‘(B) without observance of procedure re- sors, but in particular Senator before us would make some important quired by law; FRANKEN and Senator LEVIN. This is a changes to existing law. There is little ‘‘(C) inconsistent with the delivery service commonsense amendment that allows standards required to be maintained under doubt that change is necessary; the a lot of the post offices that are going Postal Service faces an extraordinary section 201 of the 21st Century Postal Service to be closed to have another set of eyes financial challenge, and it must make Act of 2012 or not in conformance with the and have the Postal Regulatory Com- changes to take into account a new re- retail service standards established under mission take another look. section 203 of the 21st Century Postal Service Mr. FRANKEN. Mr. President, I wish ality in which physical mail has in Act of 2012; or to echo the statement of my friend, many cases been replaced by electronic ‘‘(D) unsupported by substantial evidence communication. on the record, including that substantial Senator TESTER, and urge all my col- leagues to support our amendment. But in making these necessary re- economic savings are likely to be achieved forms, we must ensure that all the as a result of the closing or consolidation. The Tester-Franken-Levin amend- The Commission may affirm or reverse the ment gives individuals and commu- American people can continue to rely determination of the Postal Service or order nities impacted by closures a voice. It on the United States Postal Service to that the entire matter be returned for fur- will give Minnesotans real recourse to provide universal service, as it has ther consideration, but the Commission may since our Nation’s founding. And we not modify the determination of the Postal challenge closure decisions and a fight- ing chance to keep their local post of- must ensure that in making changes, Service. The determination of the Postal any reduction in facilities and per- Service shall be suspended until the final fices and processing facilities open. disposition of the appeal. The provisions of Right now, individuals affected by sonnel yields real cost savings to the section 556, section 557, and chapter 7 of title post office closures can appeal the deci- Postal Service that outweigh the loss 5 shall not apply to any review carried out sion to the Postal Regulatory Commis- in service. One of the things we can do by the Commission under this paragraph. sion, but the commission cannot stop to assure that is to require that there ‘‘(6) For purposes of paragraph (5), any ap- closures. Our amendment will give the be a real, objective way to test and peal received by the Commission shall— challenge Postal Service proposals to ‘‘(A) if sent to the Commission through the PRC the authority to reverse post of- mails, be considered to have been received on fice and processing facility closure de- close facilities. In an effort to meet the date of the Postal Service postmark on cisions. those goals, I have joined with Sen- the envelope or other cover in which such ap- I urge a ‘‘yes’’ vote on amendment ators TESTER and FRANKEN and others peal is mailed; or No. 2056. to propose an amendment that would

VerDate Mar 15 2010 02:35 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.011 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2639 make some important changes to the Postal reform is among the most sig- Mr. COBURN. Mr. President, I ask substitute amendment before us. nificant issues we will consider this unanimous consent that the reading of Here are some of the provisions of year. It touches every town and vil- the amendment be dispensed with. our amendment. Under current law, lage, every person and every business The PRESIDING OFFICER. Without any interested party can appeal a pro- across our Nation. The Postal Service’s objection, it is so ordered. posed closure of a community’s main universal service obligation—the obli- The amendment is as follows: post office to the PRC, the Postal Reg- gation to ensure that all Americans (Purpose: To provide transparency, account- ulatory Commission. The substitute have access to an affordable, efficient ability, and limitations of Government before us extends that opportunity for postal system in order to communicate sponsored conferences) appeal to branches of a post office. The with one another—is among the most At the appropriate place, insert the fol- substitute does not, however, extend important obligations any agency or lowing: that same appeal right to postal proc- department has. It sets the Postal SEC. ll. GOVERNMENT SPONSORED CON- essing facilities. While the substitute Service apart from private-sector firms FERENCES. (a) TRAVEL EXPENSES OF FEDERAL AGEN- acknowledges the need for some over- that are under no obligation to serve CIES RELATING TO CONFERENCES.— sight over the closure of processing fa- all markets. The Postal Service’s first (1) LIMITATIONS AND REPORTS ON TRAVEL EX- cilities, it is important to provide a obligation is not profit. It is service. PENSES TO CONFERENCES.—Chapter 57 of title meaningful chance to appeal a pro- Historically, the United States Post- 5, United States Code, is amended by insert- posed closure of a mail processing fa- al Service has played a vital role in ing after section 5711 the following: cility. Our amendment does that. uniting Americans across the vast ex- ‘‘§ 5712. Limitations and reports on travel ex- The importance of providing a mean- panse of this continent, in connecting penses to conferences ingful appeal process was reinforced by Americans far from home with their ‘‘(a) In this section, the term— a recent experience of mine. In Feb- loved ones, in helping businesses reach ‘‘(1) ‘conference’ means a meeting that— ruary, I wrote to Postmaster General customers across the Nation and the ‘‘(A) is held for consultation, education, or Donahoe about the decision to close six globe. Establishing a postal service was discussion; processing facilities in Michigan. In among the first acts of the Continental ‘‘(B) is not held entirely at an agency facil- ity; my letter, I asked four questions: How Congress, an act that predates even the ‘‘(C) involves costs associated with travel many jobs would be affected at each fa- Declaration of Independence. The need and lodging for some participants; and cility? Of those, how many would be to establish an efficient postal system ‘‘(D) is sponsored by 1 or more agencies, 1 transferred to other facilities? How far for the colonies was deemed so impor- or more organizations that are not agencies, would each transferred worker have to tant that Benjamin Franklin, one of or a combination of such agencies or organi- transfer? And what were the projected the most respected leaders not just in zations; and cost savings or additional costs at each America, but the world, was named our ‘‘(2) ‘international conference’ means a affected facility? It seems to me that first postmaster general. conference attended by representatives of — I have heard from many of my con- ‘‘(A) the United States Government; and information is crucial to making in- ‘‘(B) any foreign government, international formed decisions about whether to stituents on this issue, as I am sure all organization, or foreign nongovernmental or- close a facility. But when the Postal of us have. They recognize the need to ganization. Service responded to my letter nearly 8 reform the Postal Service and find effi- ‘‘(b) No agency may pay the travel ex- weeks later, the response did not an- ciencies so that it can continue to penses for more than 50 employees of that swer any of these questions satisfac- serve all Americans. But they also agency who are stationed in the United torily. An inability to provide that want us to do this the right way—to States, for any international conference oc- ensure that any changes we make, in curring outside the United States, unless the kind of basic information indicates to Secretary of State determines that attend- me that a fair opportunity to appeal is fact, put the Postal Service on a sound ance for such employees is in the national crucial. financial footing, and that we carefully interest. Our amendment also clarifies that balance the need for savings with the ‘‘(c) At the beginning of each quarter of during the appeal process for post of- need to maintain service for all people each fiscal year, each agency shall post on fices, branches, and processing facili- and in every community across the Na- the public Internet website of that agency a ties, the proposed closure shall be sus- tion. I believe our amendment will help report on each conference for which the pended—not just that it ‘‘may be’’ sus- us meet those goals, and I urge the agency paid travel expenses during the pre- pended, as is the case under current bill’s managers and all our colleagues ceding 3 months that includes— ‘‘(1) the itemized expenses paid by the law. If the Postal Service can close a to support its adoption. agency, including travel expenses, the cost of post office, branch or processing facil- The PRESIDING OFFICER. The scouting for and selecting the location of the ity while the closure is under appeal, question is on agreeing to amendment conference, and any agency expenditures to the appeal would be a sham. No. 2056, as modified. otherwise support the conference; Also, under current law and the sub- The Senator from Connecticut. ‘‘(2) the primary sponsor of the conference; stitute before us, the PRC has the au- Mr. LIEBERMAN. Mr. President, I ‘‘(3) the location of the conference; thority to affirm a proposed closing or urge adoption of the amendment and ‘‘(4) in the case of a conference for which order that the matter be returned to ask for a voice vote. that agency was the primary sponsor, a statement that— the Postal Service for further consider- The PRESIDING OFFICER. The question is on agreeing to the amend- ‘‘(A) justifies the location selected; ation. Our amendment would grant the ‘‘(B) demonstrates the cost efficiency of PRC the additional authority to re- ment. Amendment (No. 2056), as modified, the location; and verse a closure decision. ‘‘(C) provides a cost benefit analysis of Our amendment would also require was agreed to. holding a conference rather than conducting that the Postal Service consider Mr. LIEBERMAN. Mr. President, I a teleconference; whether a proposed closing or consoli- move to reconsider the vote and to lay ‘‘(5) the date of the conference; dation is consistent with new retail that motion on the table. ‘‘(6) a brief explanation how the conference The motion to lay on the table was service standards that the bill requires, advanced the mission of the agency; agreed to. ‘‘(7) the title of any Federal employee or and whether the proposed action The PRESIDING OFFICER. The Sen- any individual who is not a Federal em- achieves real and substantial cost sav- ator from Oklahoma. ployee whose travel expenses or other con- ings. And our amendment provides that AMENDMENT NO. 2060 ference expenses were paid by the agency; the PRC set aside Postal Service deci- Mr. COBURN. Mr. President, I call up and sions to close post offices and branches ‘‘(8) the total number of individuals whose amendment No. 2060. that do not achieve substantial eco- travel expenses or other conference expenses The PRESIDING OFFICER. The were paid by the agency. nomic savings. If our goal is to help clerk will report. save the postal service money, surely it ‘‘(d) Each report posted on the public The legislative clerk read as follows: Internet website under subsection (c) shall— is important that we do not allow ac- The Senator from Oklahoma [Mr. COBURN] ‘‘(1) be in a searchable electronic format; tions that degrade service to our com- for himself, Mr. JOHNSON of Wisconsin, and and munities without actually saving Mr. MCCAIN, proposes an amendment num- ‘‘(2) remain on that website for at least 5 money. bered 2060. years after the date of posting.’’.

VerDate Mar 15 2010 03:24 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.036 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2640 CONGRESSIONAL RECORD — SENATE April 24, 2012 (2) TECHNICAL AND CONFORMING AMEND- ment that does not have teleconfer- two Republicans and two Democrats. MENT.—The table of sections for chapter 57 of encing available and videoconferencing We just had a vote on whether to waive title 5, United States Code, is amended by in- available. a budget point of order. Give us a serting after the item relating to section 5711 What we do know is from 2000 to 2006, chance to air the bill, offer amend- the following: the Federal Government—that is the ments, and look to see what we can ‘‘5712. Limitations and reports on travel ex- penses to conferences.’’. last time we have records—spent over agree on in a bipartisan vote. We have $2.2 billion on conferences. We know an early opportunity to go back and (b) LIMITATIONS ON ANNUAL TRAVEL EX- PENSES.— the travel budget is $15 billion a year forth on amendments not just for the (1) IN GENERAL.—In the case of each of fis- and a minimum $500 million a year is Democratic amendments but Repub- cal years 2012 through 2016, an agency (as de- spent on conferences at a time when we lican amendments as well. fined under section 5701(1) of title 5, United need to spend less, and they have My hope is at the end of the day we States Code) may not make, or obligate to grown remarkably during the Bush ad- will approve both. Hopefully, we will be make, expenditures for travel expenses, in an ministration as well as this adminis- able to say we passed a bill with bipar- aggregate amount greater than 80 percent of tration. tisan support. the aggregate amount of such expenses for This is just simple good government The PRESIDING OFFICER. All time fiscal year 2010. (2) IDENTIFICATION OF TRAVEL EXPENSES.— transparency, where we have put on a has expired. The question is on agree- Not later than September 1, 2012 and after Web site what they are doing and why ing to the Coburn amendment, amend- consultation with the Administrator of Gen- they are doing it. We limit foreign con- ment No. 2060. eral Services and the Director of the Admin- ference travel to 50. We limit the max- The amendment was agreed to. istrative Office of the United States Courts, imum amount to $500,000, unless they AMENDMENT NO. 2033 the Director of the Office of Management can make an exception for that based (Purpose: To establish the Commission on and Budget shall establish guidelines for the on cause and reason. Postal Reorganization) determination of what expenses constitute So it is simply a good government The PRESIDING OFFICER. The Sen- travel expenses for purposes of this sub- section. The guidelines shall identify specific program to get some visibility on what ator from Arizona. expenses, and classes of expenses, that are to we are spending on conferences, and I Mr. MCCAIN. I call up amendment be treated as travel expenses. would ask for a voice vote. No. 2033. (c) CONFERENCE TRANSPARENCY AND LIMITA- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The TIONS.— ator from Maine. clerk will report. (1) DEFINITIONS.—In this subsection— Ms. COLLINS. Mr. President, I The legislative clerk read as follows: (A) the term ‘‘agency’’ has the meaning strongly support this amendment. I The Senator from Arizona [Mr. MCCAIN], given under section 5701(1) of title 5, United wish to commend the Senator from for himself and Mr. COBURN, proposes an States Code; and amendment numbered 2033. (B) the term ‘‘conference’’ has the meaning Oklahoma for offering an amendment given under section 5712(a)(1) of that title (as that would prohibit the kind of lavish Mr. MCCAIN. Mr. President, I ask added by subsection (a)). spending on Federal conferences we unanimous consent that further read- (2) PUBLIC AVAILABILITY OF CONFERENCE MA- have seen recently at GSA. So this is ing of the amendment be dispensed TERIALS.—Each agency shall post on the pub- an excellent amendment. It will save with. lic Internet website of that agency a detailed money, provide more transparency, and The PRESIDING OFFICER. Without information on any presentation made by put a cap on how much can be spent. I objection, it is so ordered. any employee of that agency at a conference, urge adoption of the amendment. (The text of the amendment is print- including— (A) any minutes relating to the presen- The PRESIDING OFFICER. The Sen- ed in the RECORD of Wednesday, April tation; ator from Connecticut. 18, 2012 under ‘‘Text of Amendments.’’) (B) any speech delivered; Mr. LIEBERMAN. Mr. President, I Mr. MCCAIN. Mr. President, this (C) any visual exhibit, including photo- also support the amendment, and I amendment would establish a commis- graphs or slides; thank Senator COBURN for introducing sion on postal reorganization, basically (D) any video, digital, or audio recordings it. This is disclosure and limitation of a BRAC. It is the same thing we have of the conference; and spending on conferences. Unfortu- done in the case of military bases. For (E) information regarding any financial nately, the excessive and outrageous many years we were unable to close a support or other assistance from a founda- spending by GSA on the conference in tion or other non-Federal source used to pay single one. This would establish a com- or defray the costs of the conference, which Las Vegas brought the whole area of mission on postal reorganization. They shall include a certification by the head of Federal spending on conferences into would come out with their findings and the agency that there is no conflict of inter- the public Klieg lights, and I reached a recommendations and Congress would est resulting from the support received from conclusion that we are spending too vote up or down. each such source. much. Recently, the Government Account- (3) LIMITATION ON AMOUNT EXPENDED ON A This amendment would require the ability Office released a report just CONFERENCE.— posting online of all agency conference this month entitled ‘‘Challenges Re- (A) IN GENERAL.—No agency may expend spending. It limits the amount that more than $500,000 to support a single con- lated to Restructuring the Postal Serv- ference. can be spent on conferences and limits ice’s Retail Network,’’ which supports (B) RULE OF CONSTRUCTION.—Nothing in the number of conferences agency em- this BRAC-like policy process, and it this paragraph shall be construed to preclude ployees can attend and it imposes a 20- goes on to say that this Commission an agency from receiving financial support percent across-the-board cut on agency could broaden the current focus on in- or other assistance from a foundation or budgets for this purpose. I hope the dividual facility closures, which are other non-Federal source to pay or defray amendment passes. I hope the bill often contentious, time consuming, the costs of a conference the total cost of passes as amended. and inefficient to a broader network which exceeds $500,000. There are a couple parts of that that with wide restructuring similar to the (4) LIMITATION ON THE ANNUAL NUMBER OF we have begun to work with Senator CONFERENCES AN AGENCY MAY SUPPORT.—No BRAC approach. agency may expend funds on more than a COBURN and his staff on which I think This is obviously an admission that single conference sponsored or organized by will make this a better amendment. we are unable to make these tough de- an organization during any fiscal year, un- But bottom line, this responds to a cisions ourselves, but it has proven less the agency is the primary sponsor and need, and I support it. successful in the BRAC process, and I organizer of the conference. The PRESIDING OFFICER. The Sen- think it will in this case. Mr. COBURN. This is a straight- ator in Delaware. I ask for the yeas and nays. forward amendment on conferences. We Mr. CARPER. Mr. President, just The PRESIDING OFFICER. Is there a all have seen what happened with the briefly, I support this amendment. I am sufficient second? GSA conference. This is all about happy Senator COBURN has offered this There appears to be a sufficient sec- transparency and creating a system amendment and it was debated. I hope ond. where we are actually getting to see it is accepted on a voice vote. The yeas and nays were ordered. what is spent on conferences. There is Let me say, we brought a bill to the The PRESIDING OFFICER. The Sen- not one branch of the Federal Govern- floor that has been brought together by ator from Connecticut.

VerDate Mar 15 2010 02:35 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.012 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2641 Mr. LIEBERMAN. Mr. President, I WELL, other colleagues, and myself, I al facility located in a State that conducts rise to oppose the amendment. This call up amendment No. 2020 and ask all elections by mail or permits no-excuse amendment would create a commission unanimous consent that it be modified absentee voting, except as required for the similar to the base closure commission with the changes at the desk. immediate protection of health and safety. (d) HISTORIC POST OFFICES.—Section 404(d) to oversee Postal Service decisions re- The PRESIDING OFFICER. Is there of garding which post offices, processing objection? The PRESIDING OFFICER. Under plants, and district offices are to close Without objection, it is so ordered. the previous order, there will now be 2 or consolidate. The clerk will report the amendment, In this bill we have constructed what as modified. minutes of debate equally divided on I think is a clear and fair system for The assistant legislative clerk read amendment No. 2020, as modified. making exactly those decisions. The as follows: Mr. WYDEN. Mr. President and col- leagues, this amendment is for the language in the bill is not status quo The Senator from Oregon [Mr. WYDEN], for more than 25 million Americans—more language. If this bill is enacted, there himself and Mrs. FEINSTEIN, proposes an are post offices that will close or be amendment numbered 2020. than 800,000 of them serving in the military—who vote by mail in our sys- consolidated as well as mail processing The amendment is as follows: facilities that will close. That simply tem of government, the most open and (Purpose: To require the Postal Service to free system of government in the has to happen, but it will happen ac- consider the effect of closing or consoli- cording to a system of due process that dating a postal facility on the ability of world. Those millions of Americans gives most heed to the fiscal crisis of the affected community to vote by mail may vote absentee, they may vote in the Postal Service. and to provide for a moratorium on the what is called no-excuse absentee, or In other words, I think we have a closing or consolidation of post offices and they may vote in an all-mail election, congressional answer to this problem. postal facilities to protect the ability to but they deserve this fall to have the vote by mail) We don’t have to yield it to another assurance from the U.S. Senate that as BRAC commission. On page 28, strike lines 20 through 24 and we reform the Postal Service, the elec- I urge opposition to the amendment. insert the following: tion will not be disrupted. ‘‘(i) conduct an area mail processing study The PRESIDING OFFICER. All time I hope my colleagues will support relating to that postal facility that in- this. I think it has been discussed at is expired. The question is on agreeing cludes— to the McCain amendment No. 2033. ‘‘(I) a plan to reduce the capacity of the length on both sides of the aisle. It has The yeas and nays have been ordered. postal facility, but not close the postal facil- always been bipartisan to try to ex- The clerk will call the roll. ity; and pand the franchise. I hope we can pass Mr. KYL. The following Senator is ‘‘(II) consideration of the effect of the clo- this on a voice vote. necessarily absent: the Senator from sure or consolidation of the postal facility on I wish to thank both Chairman LIE- Illinois (Mr. KIRK). the ability of individuals served by the post- BERMAN and Senator COLLINS, who had The PRESIDING OFFICER. Are there al facility to vote by mail and the ability of a real challenge handling all of these any other Senators in the Chamber de- the Postal Service to timely deliver ballots amendments and who have been very by mail in accordance with the deadline to siring to vote? gracious, both of them, as always. The result was announced—yeas 30, return ballots established under applicable State law; I yield the floor. nays 69, as follows: On page 29, line 13, strike ‘‘and’’ and all The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 70 Leg.] that follows through ‘‘publish’’ on line 14 and ator from Connecticut. YEAS—30 insert the following: Mr. LIEBERMAN. Mr. President, I Alexander Hatch McConnell ‘‘(II) consider the effect of the closure or rise to support the amendment. I thank Blunt Hutchison Paul consolidation of the postal facility on the Senator WYDEN and those who worked Burr Inhofe Portman ability of individuals served by the postal fa- with him on this amendment for, Chambliss Isakson Risch cility to vote by mail and the ability of the Coats Johanns Rubio Postal Service to timely deliver ballots by frankly, calling our attention to this Coburn Johnson (WI) Sessions mail in accordance with the deadline to re- important matter and working to en- Cornyn Kyl Shelby sure that our efforts to salvage the Crapo Lee Toomey turn ballots established under applicable DeMint Lugar Vitter State law; and U.S. Postal Service—to change it, to Graham McCain Wicker ‘‘(III) publish keep it alive—do not come at the ex- On page 30, line 1, after ‘‘the facility’’ in- NAYS—69 pense of our critical efforts to ensure sert the following: ‘‘or consideration of the access to the voting booth by mail as Akaka Feinstein Moran effect of the closure or consolidation of the well as no-excuse absentee programs Ayotte Franken Murkowski postal facility on the ability of individuals Barrasso Gillibrand Murray served by the postal facility to vote by mail that rely heavily on dependable mail Baucus Grassley Nelson (NE) service. I support the amendment. Begich Hagan Nelson (FL) and the ability of the Postal Service to time- Bennet Harkin Pryor ly deliver ballots by mail in accordance with If there is no further debate, I urge Bingaman Heller Reed the deadline to return ballots established that we adopt the amendment by voice Blumenthal Hoeven Reid under applicable State law’’. vote. Boozman Inouye Roberts On page 42, line 16, insert ‘‘(A)’’ before The PRESIDING OFFICER. The Boxer Johnson (SD) Rockefeller ‘‘The Postal’’. question is on agreeing to amendment Brown (MA) Kerry Sanders On page 42, between lines 19 and 20, insert Brown (OH) Klobuchar Schumer No. 2020, as modified. the following: Cantwell Kohl Shaheen The amendment (No. 2020), as modi- Cardin Landrieu Snowe ‘‘(B) The Postal Service shall take no ac- Carper Lautenberg Stabenow tion to close or consolidate a post office fied, was agreed to. Casey Leahy Tester until 60 days after the Postal Service pro- Mr. LIEBERMAN. Mr. President, I Cochran Levin Thune vides written notice of the determination move to reconsider the vote, and I Collins Lieberman Udall (CO) under paragraph (3) to— move to lay that motion on the table. Conrad Manchin Udall (NM) ‘‘(i) the State board of elections for the Coons McCaskill Warner The motion to lay on the table was Corker Menendez Webb State in which the post office is located; and agreed to. Durbin Merkley Whitehouse ‘‘(ii) each local board of elections (or The PRESIDING OFFICER. The Sen- Enzi Mikulski Wyden equivalent local entity) having jurisdiction ator from Oklahoma. of an area served by the post office. NOT VOTING—1 On page 45, strike line 11 and insert the fol- AMENDMENT NO. 2058, AS MODIFIED Kirk lowing: Mr. COBURN. I ask unanimous con- The PRESIDING OFFICER. Under (c) MORATORIUM TO PROTECT THE ABILITY sent to call up my amendment No. 2058 the previous order requiring 60 votes OF VOTERS TO VOTE ABSENTEE OR BY MAIL.— and that it be modified with the for the adoption of this amendment, Notwithstanding subsection (b) of this sub- changes at the desk. the amendment is rejected. section or subsection (d) or (f) of section 404 The PRESIDING OFFICER. Without of title 39, United States Code, as amended The Senator from Oregon. by this Act, during the period beginning on objection, it is so ordered. AMENDMENT NO. 2020, AS MODIFIED the date of enactment of this Act and ending The clerk will report the amendment, Mr. WYDEN. Mr. President, on behalf on November 13, 2012, the Postal Service may as modified. of Senator FEINSTEIN, Senator CANT- not close or consolidate a post office or post- The legislative clerk read as follows:

VerDate Mar 15 2010 02:35 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.051 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2642 CONGRESSIONAL RECORD — SENATE April 24, 2012 The Senator from Oklahoma [Mr. COBURN] I commend the Senator for offering subsection (b) if the Postmaster General de- proposes an amendment numbered 2058, as the amendment. I urge a ‘‘yes’’ vote on termines that issuing the rules and regula- modified. the amendment. tions would achieve financial savings for the The amendment is as follows: The PRESIDING OFFICER. If there Postal Service. (Purpose: To improve access to postal serv- is no further debate on the amendment, The PRESIDING OFFICER. Under ices in communities potentially affected the question is on agreeing to the the previous order, there will be 2 min- by a postal closing or consolidation) amendment, as modified. utes of debate equally divided prior to On page 40, strike lines 16 through 18 and The amendment (No. 2058), as modi- a vote on amendment No. 2061, as modi- insert the following: fied, was agreed to. fied, offered by the Senator from Okla- ‘‘(iv) to provide postal services to the com- Mr. LIEBERMAN. Mr. President, I homa. munity served by the post office— move to reconsider the vote and move The Senator from Oklahoma. ‘‘(I) through a rural carrier; or to lay that motion on the table. Mr. COBURN. Madam President, this ‘‘(II) by co-locating an employee of the The motion to lay on the table was is an amendment we have changed Postal Service at a commercial or govern- somewhat from the original version to ment entity; agreed to. Mr. LIEBERMAN. Mr. President, I address some of the concerns. What this amendment does is 2 years The PRESIDING OFFICER. Under ask unanimous consent that the next from now it will give the authority to the previous order, there will be 2 min- amendment on the list, the so-called the Postmaster General to create a re- utes of debate equally divided prior to McCaskill-Merkley amendment, be tirement requirement for postal em- a vote on amendment No. 2058, as modi- dropped a few places down because we ployees. There are 175,000 postal em- fied, offered by the Senator from Okla- are working on some compromise lan- ployees eligible for retirement right homa, Mr. COBURN. guage that we hope will lead to a voice now. Nothing happens for the next 2 The Senator from Oklahoma. vote of acceptance. years. It gives plenty of time for plan- Mr. COBURN. This is a straight- The PRESIDING OFFICER. Is there ning. It gives him the authority to cre- forward amendment. It modifies the objection? ate that principle, which says that new service requirement to encourage Without objection, it is so ordered. colocation in other businesses. when you become retirement age—be- AMENDMENT NO. 2061, AS MODIFIED cause they are going to have a con- One of the things that is going to Mr. LIEBERMAN. That would mean happen to the Postal Service where tinuing need to have fewer and fewer Senator COBURN’s next amendment, employees—there is the ability to they can’t—85 percent of our post of- which is amendment No. 2061, is now fices are losing money. So what we can make retirement mandatory. That is the pending business. all it does. It is for those who are best do is keep service but have it at a dif- The PRESIDING OFFICER (Mrs. ferent location for a much lower cost. capable of retiring with full pensions. SHAHEEN). The Senator from Okla- They have to have complete and full All this amendment does is encourage homa. the Postmaster General to consider pension capability. It will allow him to Mr. COBURN. Madam President, I do that 2 years from now—not now but that as part of the service standard in ask unanimous consent to modify meeting that requirement. 2 years from now—and it only gives amendment No. 2061 with the changes him the authority should he want to. The PRESIDING OFFICER. The Sen- at the desk and ask that it be brought ator from Maine. So it does not mandate it, it does not up. require it, and it actually does not Ms. COLLINS. Mr. President, this The PRESIDING OFFICER. Is there amendment by the Senator from Okla- take effect for 2 years. objection? The PRESIDING OFFICER. The Sen- homa is right in line with the bill. We Without objection, it is so ordered. ator from Maine. do encourage the Postal Service to The clerk will report the amendment, Ms. COLLINS. Madam President, look at colocations—for example, in a as modified. while I think the changes the Senator local pharmacy or a grocery store. In The legislative clerk read as follows: has made in his amendment do improve many small communities, that may The Senator from Oklahoma [Mr. COBURN] it considerably, I am still very con- well be a viable option, and it may well proposes an amendment numbered 2061, as cerned about the idea of imposing a modified. improve customer access. So I think mandatory retirement system, and let this is a very good amendment that is Mr. COBURN. Madam President, I me tell you why. in line with other language already in ask unanimous consent that reading of First, to me, it smacks of age dis- the bill. I urge its adoption by a voice the amendment be dispensed with. crimination in some cases. Second, we vote. The PRESIDING OFFICER. Without could be losing some of our most expe- The PRESIDING OFFICER. The Sen- objection, it is so ordered. rienced and best personnel we need to ator from Delaware. The amendment is as follows: implement the major changes that are Mr. CARPER. Mr. President, I say to (Purpose: To achieve long-term cost-savings authorized by this bill. Third and fi- my colleagues that this is another good by allowing the Postmaster General to re- nally, I find it a little odd that we amendment offered by the Senator duce the postal workforce through manda- tory retirements for eligible employees) would want to tell people who are still from Oklahoma. What the Postmaster in their working years and have had a General has in mind for our commu- At the appropriate place, insert the fol- lowing: good career and are contributing and nities across America, where there are are good employees that we do not 33,000 post offices, is to give a number SEC. ll. AUTHORITY TO REQUIRE RETIREMENT- ELIGIBLE EMPLOYEES OF THE POST- want them to work anymore. I think of them an option—a menu, if you AL SERVICE TO RETIRE. the approach in our bill of offering in- will—to see whether it makes sense in (a) DEFINITION.—In this section, the term centives is a better way to go. those communities to shorten some- ‘‘retirement-eligible employee’’— The PRESIDING OFFICER. The Sen- what the length of time the post office (1) means an employee of the Postal Serv- ator from Oklahoma. is open in a day—maybe to 6 or 4 hours ice who meets the age and service require- Mr. COBURN. Madam President, the a day—whether to use a colocator in a ments to retire on an immediate annuity difference is you are going to pay supermarket maybe or in a conven- under section 8336 or 8412 of title 5, United States Code; and $25,000 to people to retire. The Post- ience store or to in some cases, say, to (2) does not include an individual described master General has already said he State and local government operations in section 8336(d) or 8412(g) of title 5, United needs to have 120,000 fewer employees. in those communities: Why don’t we States Code. That will grow over a period of time. put them under the same roof? Why (b) AUTHORITY.—Subject to subsection (c), We are setting a precedent with the doesn’t that make sense? not earlier than the date that is 2 years after buyout, one. We are setting a precedent Frankly, all those ideas may make the enactment of this Act, the Postmaster that has never before been done in the sense. The idea is not to tell a commu- General may issue rules and regulations pro- hibiting a retirement-eligible employee from Federal Government. No. 2, and prob- nity which of those options they have performing service as an employee of the ably more important, is the fact to choose but to say: This is the menu. Postal Service. that—— And this is one of the great options (c) LIMITATION.—The Postmaster General The PRESIDING OFFICER. The Sen- that should be on the menu. may only issue rules and regulations under ator’s time is expired.

VerDate Mar 15 2010 03:24 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.054 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2643 Mr. COBURN. Thank you. The assistant legislative clerk read Service may not close a post office, except as The PRESIDING OFFICER. The as follows: required for the immediate protection of health and safety. question is on agreeing to the amend- The Senator from Missouri [Mrs. MCCAS- (2) MORATORIUM ON CLOSING RURAL POST OF- ment, as modified. KILL] proposes an amendment numbered 2031, FICES.— Mr. COBURN. Madam President, I as modified. (A) IN GENERAL.—Notwithstanding para- ask for the yeas and nays. Mrs. MCCASKILL. Madam President, graph (1) of this subsection or section 404(d) The PRESIDING OFFICER. Is there a I ask unanimous consent that the read- of title 39, United States Code, during the 12- sufficient second? ing of the amendment be dispensed month period beginning on the date of enact- There appears to be a sufficient sec- with. ment of this Act, the Postal Service may not ond. The PRESIDING OFFICER. Without close a post office located in a rural area, as The clerk will call the roll. objection, it is so ordered. defined by the Census Bureau, except as re- The assistant legislative clerk called The amendment is as follows: quired for the immediate protection of health and safety, or unless there is no sig- the roll. (Purpose: To prohibit the closing of a rural nificant community opposition to such clo- post office unless certain conditions are Mr. KYL. The following Senators are sure. met and to establish a moratorium on the necessarily absent: the Senator from (B) RULE OF CONSTRUCTION.—Nothing in South Carolina (Mr. DEMINT) and the closing of rural post offices) this paragraph shall be construed to limit Senator from Illinois (Mr. KIRK). On page 40, line 1, after ‘‘post office’’ insert the authority of the Postal Service to imple- The PRESIDING OFFICER. Are there ‘‘and, with respect to a determination to ment, consistent with the procedures under any other Senators in the Chamber de- close a post office in a rural area, as defined section 404(d)(1)(B) of title 39, United States by the Census Bureau, prior to making the siring to vote? Code, as amended by this Act, cost-saving determinations required by paragraph (4)’’. measures with respect to the post offices de- The result was announced—yeas 33, On page 42, line 13, after ‘‘subsection’’ in- nays 65, as follows: scribed in subparagraph (A), including, as ap- sert ‘‘and, with respect to a determination to propriate, the measures required to be con- [Rollcall Vote No. 71 Leg.] close a post office located in a rural area, as sidered under clauses (ii), (iii), and (iv) of YEAS—33 defined by the Census Bureau, a summary of section 404(d)(1)(A) of title 39, United States the determinations required under paragraph Code, as amended by this Act. Alexander Graham Murkowski (4)’’. Barrasso Hatch Paul On page 45, line 14, strike ‘‘(8)(A)’’ and in- Blunt Hutchison Portman On page 42, between lines 15 and 16, insert sert ‘‘(9)(A)’’. the following: Burr Inhofe Risch Mrs. MCCASKILL. This amendment Chambliss Isakson Roberts ‘‘(4) The Postal Service may not make a Coats Johanns Sessions determination under subsection (a)(3) to reflects the efforts of a lot of people to Coburn Johnson (WI) Shelby close a post office located in a rural area, as deal with rural post office closings in a Cochran Kyl Thune defined by the Census Bureau, unless the way that will be straightforward and Cornyn Lee Toomey Postal Service— fair to rural communities across this Crapo McCain Vitter ‘‘(A)(i) determines that postal customers Enzi Moran Wicker country. It is going to prevent any served by the post office would continue closings for 1 year while the reforms NAYS—65 after the closing to receive substantially which are embedded in this bill have a similar access to essential items, such as Akaka Gillibrand Mikulski chance to begin to work. It then sets Ayotte Grassley Murray prescription medications and time-sensitive Baucus Hagan Nelson (NE) communications, that are sent through the some clear standards for potential clo- Begich Harkin Nelson (FL) mail; or sures. Bennet Heller Pryor ‘‘(ii) takes action to substantially amelio- I want to thank Senator MORAN who Bingaman Hoeven Reed Blumenthal Inouye rate any projected reduction in access to es- did some great work on this subject in Reid sential items described in clause (i); and Boozman Johnson (SD) Rockefeller committee. He deserves credit for be- Boxer Kerry ‘‘(B) determines that— Rubio ginning the process of taking a hard Brown (MA) Klobuchar ‘‘(i) businesses located in the community Sanders look at rural post offices and how we Brown (OH) Kohl Schumer served by the post office would not suffer Cantwell Landrieu substantial financial loss as a result of the were dealing with them. I obviously Cardin Lautenberg Shaheen want to thank Senator MERKLEY who Snowe closing; Carper Leahy has worked on this, Senator TESTER Casey Levin Stabenow ‘‘(ii) any economic loss to the community Collins Lieberman Tester served by the post office as a result of the who has worked on it, and Senator Conrad Lugar Udall (CO) closing does not exceed the cost to the Post- SANDERS. But I really want to thank Coons Manchin Udall (NM) al Service of not closing the post office; Senator COLLINS and Senator LIEBER- Corker McCaskill Warner ‘‘(iii) the area served by the post office has MAN for continuing to model to this Durbin McConnell Webb adequate access to wired broadband Internet body what true bipartisanship looks Feinstein Menendez Whitehouse service, as identified on the National Franken Merkley Wyden Broadband Map of the National Tele- like, and who continually strive for NOT VOTING—2 communications and Information Adminis- that very elusive and rare but valuable DeMint Kirk tration; and commodity in a democracy, that thing ‘‘(iv) there is a road connecting the com- known as compromise. This amend- The PRESIDING OFFICER. Under munity to another post office that is not ment now represents one of those com- the previous order requiring 60 votes more than 10 miles from the post office pro- promises. I am proud to be a part of it. for the adoption of this amendment, posed to be closed (as measured on roads I think it strikes the right note of pro- the amendment is rejected. with year-round access). tecting rural post offices but also with The Senator from Connecticut. On page 42, line 16, strike ‘‘(4)’’ and insert ‘‘(5)’’. a realistic eye toward the future and AMENDMENT NO. 2031, AS MODIFIED On page 42, line 20, strike ‘‘(5)’’ and insert how we are fair to rural communities Mr. LIEBERMAN. Madam President, ‘‘(6)’’. in a way that is predictable and one a while back we skipped over the On page 44, line 1, strike ‘‘(6)’’ and insert that, frankly, shows some account- McCaskill-Merkley amendment. We ‘‘(7)’’. ability for the Postal Service. were working on a modification. The On page 44, line 1, strike ‘‘(5)’’ and insert I ask that this be taken up by voice modification is ready now. I ask unani- ‘‘(6)’’. vote. On page 44, line 12, strike ‘‘(7)’’ and insert mous consent that we proceed to the ‘‘(8)’’. The PRESIDING OFFICER. The Sen- McCaskill-Merkley amendment No. On page 45, strike lines 3 through 10 and in- ator from Connecticut. 2031. sert the following: Mr. LIEBERMAN. Madam President, The PRESIDING OFFICER. Without (b) PROHIBITION ON CLOSING POST OF- I appreciate the work that has been objection, it is so ordered. FICES.— done on this amendment. I know there Mrs. MCCASKILL. Madam President, (1) MORATORIUM PENDING ESTABLISHMENT OF is a lot of interest on both sides of the I call up my amendment No. 2031. I ask SERVICE STANDARDS.—Notwithstanding sec- aisle because of the concern about unanimous consent that it be modified tion 404(d) of title 39, United States Code, as rural post offices. This establishes, amended by this section, during the period with the changes at the desk. beginning on the date of enactment of this again, some standards. It effectively The PRESIDING OFFICER. Without Act and ending on the date on which the asks the Postal Service before it con- objection, it is so ordered. Postal Service establishes the service stand- siders closing a rural post office for 1 The clerk will report. ards under section 203 of this Act, the Postal year after enactment of this legislation

VerDate Mar 15 2010 02:35 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.057 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2644 CONGRESSIONAL RECORD — SENATE April 24, 2012 that it explore every other opportunity ‘‘(ii) the cost savings identified in the area to decide whether processing centers to continue to provide service other mail processing study relating to the postal stay open. than closing the post office. facility are inaccurate; and I commend my colleague from Maine The one clear authority given in the ‘‘(D) if the Postal Regulatory Commission for a very well thought out amend- modified amendment is to close a rural The PRESIDING OFFICER. Under ment, and I urge its adoption by voice post office when there is no significant the previous order, there will be 2 min- vote. community opposition, which is to say, utes of debate equally divided prior to The PRESIDING OFFICER. Is there when the Postal Service has convinced a vote on amendment No. 2080 offered further debate? the people of the community that they by the Senator from Maine. If not, the question is on agreeing to have a good alternative to the current Ms. SNOWE. Madam President, very the amendment, as modified. post office. So I think we have rea- briefly, first I want to thank the chair The amendment (No. 2080) was agreed soned together. of the committee and my colleague to. I hope this enables our colleagues from Maine, Senator COLLINS, for The PRESIDING OFFICER. The Sen- who may have been thinking of more working and assisting me in modifying ator from New Mexico. absolute prohibitions to closing post this amendment. AMENDMENT NO. 2043, AS MODIFIED offices to step back from that. This is I thought this amendment was im- Mr. UDALL of New Mexico. Madam a rational, fair approach. I support the portant from the standpoint and based President, I call up amendment No. modification and the amendment. on our experience in Maine with the re- 2043 and ask that it be modified with I urge that the amendment be adopt- cent proposal by the Postal Service to the changes at the desk. ed by voice vote. close a distributional and processing The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there facility. As my colleague Senator COL- objection? Without objection, it is so further debate? LINS will attest as well, we discovered ordered. If not, the question is on agreeing to that much of their methodology was The clerk will report. the amendment. indeed faulty in the savings that they The legislative clerk read as follows: The amendment (No. 2031), as modi- had suggested would be achieved by The Senator from New Mexico [Mr. UDALL] fied, was agreed to. closing this facility. proposed an amendment numbered 2043, as modified. Mr. LIEBERMAN. I move to recon- There were many questions raised sider the vote and ask unanimous con- with those numbers and reports. As we The amendment is as follows: sent that the motion be laid upon the know, before the U.S. Postal Service (Purpose: To strike the limitations on table. can make any determination for clos- changes to mail delivery schedule, with an offset) The motion to lay upon the table was ing a facility, they have to prepare and Strike section 208 and insert the following: agreed to. publish an area processing study. Based on that study, I have rec- SEC. 208. TRANSFER OF AMOUNTS FROM THE The PRESIDING OFFICER. The Sen- CIVIL SERVICE RETIREMENT AND ator from Maine. ommended that we now have inde- DISABILITY FUND. pendent verification of the numbers AMENDMENT NO. 2080, AS MODIFIED Section 8348(h)(2) of title 5, United States and proposals by the U.S. Postal Serv- Ms. SNOWE. Madam President, I call Code, is amended by striking subparagraphs ice so that we can make sure those (B) and (C) and inserting the following: up Snowe amendment No. 2080 with a numbers are accurate and that we ‘‘(B)(i) The Office shall— modification at the desk. verify the methodology in addition to ‘‘(I) redetermine the Postal surplus or sup- The PRESIDING OFFICER. Is there the savings. plemental liability as of the close of each of objection to the modification? fiscal years 2007 through 2043; and One of the examples I can give from Without objection, it is so ordered. ‘‘(II) report the results of the redetermina- this proposal is one they made for a fa- The clerk will report. tion for each such fiscal year, including ap- cility in the State of Maine to elimi- The legislative clerk read as follows: propriate supporting analyses and docu- nate two management positions, for a mentation, to the United States Postal Serv- The Senator from Maine [Ms. SNOWE] pro- savings of $799,000. When we questioned ice on or before June 30 of the subsequent fis- poses an amendment numbered 2080, as modi- cal year. fied. the veracity of that number, they backtracked and said it was only ‘‘(ii) If the result of a redetermination Ms. SNOWE. Madam President, I ask $120,000. Incredulously, they have now under clause (i) is a supplemental liability, unanimous consent that the reading of the Office shall establish an amortization submitted their final area processing the amendment be dispensed with. schedule, including a series of annual install- study this year and returned to the The PRESIDING OFFICER. Without ments commencing on September 30 of the higher figure of $800,000 for the two objection, it is so ordered. subsequent fiscal year, that provides for the management positions. We know that liquidation of such liability by September 30, The amendment, was modified, as cannot be accurate. Therefore, given 2043. follows: the evidence of these proposals, we ‘‘(C)(i) Subject to clause (ii), if the result (Purpose: To require the Postal Rate Com- need to have independent verification of a redetermination under subparagraph (B) mission to evaluate area mail processing for any of fiscal years 2013 through 2023 is a studies) by the Postal Regulatory Commission surplus, the amount of the surplus shall be before any closure can go forward. transferred to the General Fund of the On page 34, strike lines 16 and 17 and insert The PRESIDING OFFICER. The Sen- the following: Treasury. ‘‘Act of 2012; ator from Maine. ‘‘(ii) Not more than a total of $8,900,000,000 ‘‘(B) if a complaint described in subpara- Ms. COLLINS. Madam President, shall be transferred under clause (i).’’. graph (A) is lodged relating to the closure or first, I congratulate my colleague from The PRESIDING OFFICER. Under consolidation of a postal facility, upon re- Maine for an excellent amendment. As the previous order, there will be 2 min- quest by the person lodging the complaint, she indicated, the Postal Service made utes of debate equally divided prior to the Postal Regulatory Commission shall de- a major miscalculation, a mathe- a vote on amendment No. 2043, offered termine whether— matical error, in the study it did on by the Senator from New Mexico. ‘‘(i) the area mail processing study relating the Hampden processing center in our to the postal facility used an appropriate Mr. UDALL of New Mexico. Madam methodology; and State. So that Senators know, the President, this amendment strikes a ‘‘(ii) the cost savings identified in the area amendment would say if a proposed provision allowing the USPS to move mail processing study relating to the postal consolidation of a mail processing cen- to 5-day service in 2 years. Two years is facility are accurate; ter is appealed to the Postal Regu- simply not enough time to see the ‘‘(C) the Postal Regulatory Commission latory Commission, the Commission changes we are making in this bill take may direct the Postal Service to conduct an- can be asked to review the underlying effect before we cut this essential serv- other area mail processing study or direct study’s methodology and the estimated ice. the Postal Service to take action as de- savings to make sure it is correct be- My amendment doesn’t say we can scribed under subparagraph (D) if the Postal Regulatory Commission determines that— cause right now there is no way to never move to 5-day service, but it says ‘‘(i) the area mail processing study relating challenge a mistake that is made by that 2 years is not enough time for the to the postal facility used an inappropriate the Postal Service in conducting these Postal Service to implement the many methodology; or very important studies that are going cost-saving measures in the bill.

VerDate Mar 15 2010 02:38 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.059 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2645 Why eliminate one of the key com- [Rollcall Vote No. 72 Leg.] ‘‘(II) the Postal Service— petitive advantages and hurt rural YEAS—43 ‘‘(aa) did not close or consolidate the post- al facility before May 15, 2012; and America before we know the effects of Baucus Johnson (SD) Reed ‘‘(bb) conducted an area mail processing these reforms? It makes no sense. Begich Kerry Reid Why would we make a change that Bennet Klobuchar Rockefeller study with respect to the postal facility after January 1, 2006 that— would reduce mail volume by almost 7 Blumenthal Kohl Sanders Boxer Lautenberg Schumer ‘‘(AA) was terminated; or percent? Isn’t that why we are in this Brown (OH) Leahy Shaheen ‘‘(BB) concluded that no significant cost crisis in the first place? Cantwell Levin Snowe savings or efficiencies would result from I hope my colleagues will join me in Cardin Manchin Stabenow closing or consolidating the postal facility. Casey McCaskill Tester protecting rural jobs and go on record Coons Menendez ‘‘(ii) EXCEPTION.—Clause (i) shall not apply Udall (CO) to say clearly that moving to 5-day Durbin Merkley with respect to a postal facility described in Udall (NM) Franken Mikulski clause (i)(II) for which— service should be a last resort. Whitehouse I reserve my time. Gillibrand Murray ‘‘(I) an audit under clause (iii) concludes Harkin Nelson (NE) Wyden that the mail volume and operations of the The PRESIDING OFFICER. The Sen- Inouye Nelson (FL) ator from Connecticut. facility have changed since the date of ter- NAYS—56 mination or completion of an area mail proc- Mr. LIEBERMAN. Madam President, essing study described in clause (i)(II)(bb) to Akaka DeMint McCain I rise to oppose the amendment of my such an extent that the study is no longer friend from New Mexico. I know there Alexander Enzi McConnell Ayotte Feinstein Moran valid; and are a lot of people who don’t want to Barrasso Graham Murkowski ‘‘(II) an area mail processing study com- lose 6-day delivery. But the greater im- Bingaman Grassley Paul pleted under this subsection concludes that perative is not to lose the Postal Serv- Blunt Hagan Portman the closing or consolidation or the postal fa- Boozman Hatch ice as we know it. Pryor cility is justified, taking into consideration Brown (MA) Heller Risch the savings to the Postal Service and the im- The Postmaster asked for the imme- Burr Hoeven Roberts Carper Hutchison pact of the closing or consolidation on postal diate authority to go from 6 days of de- Rubio Chambliss Inhofe customers. livery to 5. In this bill we have given Sessions Coats Isakson ‘‘(iii) AUDIT BY INSPECTOR GENERAL.— Shelby the Postmaster authority in many dif- Coburn Johanns ‘‘(I) IN GENERAL.—Upon the written request ferent areas to save money. We said, as Cochran Johnson (WI) Thune of the Postmaster General, the Inspector Collins Kyl Toomey a result, that we will not give him the Vitter General shall conduct an audit of the mail Conrad Landrieu volume and operations of a postal facility. authority to go from 6 days of delivery Corker Lee Warner to 5 for 2 years, hoping that within the Cornyn Lieberman Webb ‘‘(II) COMPLETION.—Not later than 90 days 2 years he can save enough money not Crapo Lugar Wicker after the date on which the Inspector Gen- to have to make this change. Frankly, eral receives a request under subclause (I), NOT VOTING—1 the Inspector General shall submit to the I am skeptical that he can. We wanted Kirk Postmaster General and the Postal Regu- to give him 6 days of delivery—that The amendment (No. 2043), as modi- latory Commission a report containing the last opportunity. fied, was rejected. conclusions of the audit under subclause (I). To pull this procedure out of the bill, The PRESIDING OFFICER. Under with a lot of due process before the The PRESIDING OFFICER. Under the previous order requiring 60 votes the previous order, there will be 2 min- move can be made from 6 to 5 days, re- utes of debate equally divided prior to moves the credibility from the bill and for the adoption of this amendment, the amendment is rejected. a vote on amendment No. 2082, as modi- will jeopardize its ultimate adoption. fied, offered by the Senator from Illi- With a lot of respect and affection for The Senator from Connecticut. Mr. LIEBERMAN. Madam President, nois. my friend from New Mexico, I urge my Mr. DURBIN. Madam President, this colleagues to vote against this amend- I move to reconsider the vote and to lay that motion on the table. was an amendment I originally offered ment. relative to processing facilities that The PRESIDING OFFICER. The Sen- The motion to lay on the table was agreed to. have been subject to efficiency reviews. ator from Maine. At the suggestion of the chairman of Ms. COLLINS. Madam President, this The PRESIDING OFFICER. The Sen- the committee, Senator LIEBERMAN, as amendment would also take $8.9 billion ator from Illinois. well as ranking members, we have that is supposed to go to pay for retiree AMENDMENT NO. 2082, AS MODIFIED modified the amendment. The sum health benefits of postal workers and Mr. DURBIN. I call up my amend- total of its change would be for those instead redirect those funds to main- ment No. 2082, and I ask unanimous limited facilities which have been tain 6-days-a-week delivery of the consent that it be modified with the found since the year 2006 to be effi- mail. I hope we always have 6-days-a- changes at the desk. cient. Before they could be closed, the week delivery. I think that is an asset. The PRESIDING OFFICER. Without postal service would have to call on the I think we should strive to preserve it. objection, it is so ordered. U.S. Postal Service’s inspector general That is why our bill prohibits going to The clerk will report the amendment. to conduct an audit to find that the 5-day delivery for 2 years, to wring all The legislative clerk read as follows: previous findings have been terminated the waste out of the system. The Senator from Illinois [Mr. DURBIN] and are no longer valid. The PRESIDING OFFICER. The Sen- proposes an amendment numbered 2082, as That is the only change that was rec- ator from New Mexico. modified. ommended by the committee and the Mr. UDALL of New Mexico. Madam The amendment, as modified, is as staff, and I have added that modifica- President, Saturday service is abso- follows: tion to the amendment. lutely essential in rural areas. (Purpose: To prohibit the Postal Service Ms. MIKULSKI. Mr. President, I I ask for the yeas and nays. from closing or consolidating, or reducing want to salute Senator DURBIN on his The PRESIDING OFFICER. Is there a the workforce of certain postal facilities) sufficient second? There is a sufficient thoughtful amendment and thank him On page 33, strike line 24 and all that fol- for his collegiality in negotiations. We second. lows through page 34, line 6 and insert the The question is on agreeing to the following: think it helps us. But we have been amendment, as modified. ‘‘(C) LIMITATIONS.— misled, manipulated, and disregarded The clerk will call the roll. ‘‘(i) IN GENERAL.—Except as provided in in our attempts to get information The bill clerk called the roll. clause (ii), during the 3-year period begin- from the Postal Service. I don’t know Mr. KYL. The following Senator is ning on the date of enactment of the 21st if the Easton AMP study has been con- necessarily absent: the Senator from Century Postal Service Act of 2012, the Post- cluded or suspended. I can’t get an an- al Service may not close or consolidate a Illinois (Mr. KIRK). swer from the Postal Service. And if I postal facility if— can’t get an answer, then the little guy The PRESIDING OFFICER. Are there ‘‘(I) the closing or consolidation prevents any other Senators in the Chamber de- the Postal Service from maintaining service on the Eastern Shore can’t get an an- siring to vote? standards as required under section 201 of swer. I believe there are other Senators The result was announced—yeas 43, the 21st Century Postal Service Act of 2012; in the same boat who have been dis- nays 56, as follows: or regarded by the Postal Service.

VerDate Mar 15 2010 03:47 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.063 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2646 CONGRESSIONAL RECORD — SENATE April 24, 2012 Does my colleague believe his amend- advanced practice nurse, such as a nurse SEC. 306. CONTINUATION OF PAY IN A ZONE OF ment provides protections for mail practitioner, within the scope of their prac- ARMED CONFLICT. processing centers where the Postal tice as defined by State law, consistent with Section 8118 of title 5, United States Code, is amended— Service has postponed or suspended regulations prescribed by the Secretary of Labor)’’. (1) in subsection (b), by striking ‘‘Continu- their study for a significant period of (b) MEDICAL SERVICES AND OTHER BENE- ation’’ and inserting ‘‘Except as provided time—like at the facility in Easton, FITS.—Section 8103 of title 5, United States under subsection (e)(2), continuation’’; MD? Code, is amended— (2) in subsection (c), by striking ‘‘sub- Mr. DURBIN. It is a pleasure working (1) by redesignating subsection (b) as sub- sections (a) and (b)’’ and inserting ‘‘sub- with Senator MIKULSKI and I think the section (c); and sections (a) and (b) or subsection (e),’’; Senate can appreciate how hard she (2) by inserting after subsection (a), the (3) in subsection (d), by striking ‘‘sub- works for her constituents. I am sym- following: section (a)’’ and inserting ‘‘subsection (a) or pathetic to hear that the Senator’s in- ‘‘(b) Medical services furnished or pre- (e)’’; (4) by redesignating subsection (e) as sub- quiries to the Postal Service on behalf scribed pursuant to subsection (a) may in- clude treatment by a physician assistant or section (f); and of seniors, small businesses, and other advanced practice nurse, such as a nurse (5) by inserting after subsection (d) the fol- constituents have gone unanswered. practitioner, within the scope of their prac- lowing: It is my intent for, and the Postal tice as defined by State law, consistent with ‘‘(e) CONTINUATION OF PAY IN A ZONE OF Service has assured me that, the mail regulations prescribed by the Secretary of ARMED CONFLICT.— processing facility in Easton, MD, Labor.’’. ‘‘(1) IN GENERAL.—Notwithstanding sub- where the Postal Service has issued a (c) CERTIFICATION OF TRAUMATIC INJURY.— section (a), the United States shall authorize formal notification that they are post- Section 8121(6) of title 5, United States Code, the continuation of pay of an employee as is amended by inserting before the period, defined in section 8101(1) of this title (other poning their study for a significant pe- than those referred to in subparagraph (B) or riod of time, is covered by my amend- the following: ‘‘(except that in a case of a traumatic injury, a physician assistant or (E)), who has filed a claim for a period of ment. advanced practice nurse, such as a nurse wage loss due to traumatic injury in per- The PRESIDING OFFICER. The Sen- practitioner, within the scope of their prac- formance of duty in a zone of armed conflict ator from Connecticut. tice as defined by State law, may also pro- (as so determined by the Secretary of Labor Mr. LIEBERMAN. Madam President, vide certification of such traumatic injury under paragraph (3)), as long as the employee I thank my friend from Illinois. He has and related disability during the continu- files a claim for such wage loss benefit with explained the amendment totally. It is ation of pay period covered by section 8118, his immediate superior not later than 45 a good amendment. I support its pas- in a manner consistent with regulations pre- days following termination of assignment to scribed by the Secretary of Labor)’’. the zone of armed conflict or return to the sage, and urge we adopt it by voice United States, whichever occurs later. SEC. 303. COVERING TERRORISM INJURIES. vote. ‘‘(2) CONTINUATION OF PAY.—Notwith- The PRESIDING OFFICER. Is there Section 8102(b) of title 5, United States standing subsection (b), continuation of pay further debate? Code, is amended in the matter preceding under this subsection shall be furnished for a If not, the question is on agreeing to paragraph (1)— period not to exceed 135 days without any (1) by inserting ‘‘or from an attack by a break in time or waiting period, unless con- the amendment, as modified. terrorist or terrorist organization, either The amendment (No. 2082), as modi- troverted under regulations prescribed by known or unknown,’’ after ‘‘force or indi- the Secretary of Labor. fied, was agreed to. vidual,’’; and ‘‘(3) DETERMINATION OF ZONES OF ARMED Mr. LIEBERMAN. Madam President, (2) by striking ‘‘outside’’ and all that fol- CONFLICT.—For purposes of this subsection, I move to reconsider the vote, and to lows through ‘‘1979)’’ and inserting ‘‘outside the Secretary of Labor, in consultation with lay that motion on the table. of the United States’’. the Secretary of State and the Secretary of The motion to lay on the table was SEC. 304. DISFIGUREMENT. Defense, shall determine whether a foreign agreed to. Section 8107(c)(21) of title 5, United States country or other foreign geographic area AMENDMENT NO. 2034 Code— outside of the United States (as that term is The PRESIDING OFFICER. The Sen- (1) by striking ‘‘For’’ and inserting the fol- defined in section 202(7) of the State Depart- ator from Hawaii. lowing: ‘‘(A) Except as provided under sub- ment Basic Authorities Act of 1956 (22 U.S.C. paragraph (B), for’’; and 4302(7))) is a zone of armed conflict based on Mr. AKAKA. Madam President, I call (2) by adding at the end the following: whether— up my amendment No. 2034. ‘‘(B) Notwithstanding subparagraph (A), ‘‘(A) the Armed Forces of the United The PRESIDING OFFICER. The for an injury occurring during the 3-year pe- States are involved in hostilities in the clerk will report the amendment. riod prior to the date of enactment of the country or area; The legislative clerk read as follows: Federal Workers’ Compensation Moderniza- ‘‘(B) the incidence of civil insurrection, The Senator from Hawaii [Mr. AKAKA], for tion and Improvement Act for which the Sec- civil war, terrorism, or wartime conditions himself, Mr. INOUYE, Mr. HARKIN, Mrs. MUR- retary of Labor has not made a compensa- threatens physical harm or imminent danger RAY, and Mr. FRANKEN, proposes an amend- tion determination on disfigurement under to the health or well-being of United States ment numbered 2034. subparagraph (A), or for an injury occurring civilian employees in the country or area; on or after the date of enactment of such Act ‘‘(C) the country or area has been des- Mr. AKAKA. I ask unanimous con- resulting in a serious disfigurement of the ignated a combat zone by the President sent that further reading of the amend- face, head, or neck, proper and equitable under section 112(c) of the Internal Revenue ment be dispensed with. compensation in proportion to the severity Code of 1986 (26 U.S.C. 112(c)); The PRESIDING OFFICER. Without of the disfigurement, not to exceed $50,000, as ‘‘(D) a contingency operation involving objection, it is so ordered. determined by the Secretary, shall be award- combat operations directly affects civilian The amendment is as follows: ed in addition to any other compensation employees in the country or area; or payable under this schedule. The applicable (Purpose: To provide appropriate workers ‘‘(E) there exist other relevant conditions maximum compensation for disfigurement compensation for Federal employees) and factors.’’. provided under this subparagraph shall be Strike title III and insert the following: SEC. 307. SUBROGATION OF CONTINUATION OF adjusted annually on March 1 in accordance PAY. TITLE III—FEDERAL EMPLOYEES’ with the percentage amount determined by (a) SUBROGATION OF THE UNITED STATES.— COMPENSATION ACT the cost of living adjustment in section Section 8131 of title 5, United States Code, is SEC. 301. SHORT TITLE. 8146a.’’. amended— This title may be cited as the ‘‘Federal SEC. 305. SOCIAL SECURITY EARNINGS INFORMA- (1) in subsection (a), by inserting ‘‘continu- Workers’ Compensation Modernization and TION. ation of pay or’’ before ‘‘compensation’’; and Improvement Act’’. Section 8116 of title 5, United States Code, (2) in subsection (c), by inserting ‘‘continu- SEC. 302. PHYSICIAN ASSISTANTS AND AD- is amended by adding at the end the fol- ation of pay or’’ before ‘‘compensation al- VANCED PRACTICE NURSES. lowing: ready paid’’. (a) DEFINITION OF MEDICAL SERVICES.—Sec- ‘‘(e) Notwithstanding any other provision (b) ADJUSTMENT AFTER RECOVERY FROM A tion 8101(3) of title 5, United States Code, is of law, the Secretary of Labor may require, THIRD PERSON.—Section 8132 of title 5, amended— as a condition of receiving any benefits United States Code, is amended— (1) by striking ‘‘law. Reimbursable’’ and in- under this subchapter, that a claimant for (1) by inserting ‘‘continuation of pay or’’ serting ‘‘law (reimbursable’’; and such benefits consent to the release by the before ‘‘compensation’’ the first, second, (2) by inserting before the semicolon, the Social Security Administration of the Social fourth, and fifth place it appears; following: ‘‘, and medical services may in- Security earnings information of such claim- (2) by striking ‘‘in his behalf’’ and insert- clude treatment by a physician assistant or ant.’’. ing ‘‘on his behalf’’; and

VerDate Mar 15 2010 03:47 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.008 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2647 (3) by inserting ‘‘continuation of pay and’’ dition, unlike most State workers’ I strongly urge my colleagues to before ‘‘compensation’’ the third place it ap- comp programs, this bill would reduce adopt my amendment. pears. benefits for elderly disabled employees The PRESIDING OFFICER. The SEC. 308. FUNERAL EXPENSES. when they reach retirement age. question is on agreeing to amendment Section 8134 of title 5, United States Code, My amendment offers a reasonable No. 2034. is amended— alternative by replacing the FECA pro- Mr. AKAKA. Mr. President, I ask for (1) in subsection (a), by striking ‘‘If’’ and visions in this bill with the Repub- inserting ‘‘Except as provided in subsection the yeas and nays. lican-led bipartisan FECA reform bill (b), if’’; The PRESIDING OFFICER. Is there a (2) by redesignating subsection (b) as sub- that passed the House by voice vote sufficient second? last year. The House chose not to make section (c); and There appears to be a sufficient sec- benefit changes without the additional (3) by inserting after subsection (a) the fol- ond. lowing: information it sought from GAO, and ‘‘(b) Notwithstanding subsection (a), for we should follow their lead. The clerk will call the roll. deaths occurring on or after the date of en- This amendment, supported by more The bill clerk called the roll. actment of the Federal Workers’ Compensa- than 20 organizations, would make Mr. KYL. The following Senator is tion Modernization and Improvement Act, if commonsense reforms that will im- necessarily absent: the Senator from death results from an injury sustained in the prove program efficiency and integrity Illinois (Mr. KIRK). performance of duty, the United States shall pay, to the personal representative of the de- without reducing benefits for disabled The PRESIDING OFFICER (Mr. ceased or otherwise, funeral and burial ex- seniors, and I urge my colleagues to SCHUMER). Are there any other Sen- penses not to exceed $6,000, in the discretion support it. ators in the Chamber desiring to vote? of the Secretary of Labor. The applicable I reserve the remainder of my time. The result was announced—yeas 46, maximum compensation for burial expenses The PRESIDING OFFICER. The Sen- nays 53, as follows: provided under this subsection shall be ad- ator from Maine. justed annually on March 1 in accordance Ms. COLLINS. Madam President, this [Rollcall Vote No. 73 Leg.] with the percentage amount determined by amendment would strike the Federal YEAS—46 the cost of living adjustment in section workers’ compensation title in the bill Akaka Harkin Nelson (FL) 8146a.’’. and replace it with very minor provi- Baucus Heller Pryor SEC. 309. EMPLOYEES’ COMPENSATION FUND. sions that provide no significant cost Begich Inouye Reed Section 8147 of title 5, United States Code, Bingaman Johnson (SD) Reid savings. Blumenthal Kerry Rockefeller is amended— The amendment would strike the re- Boxer Klobuchar (1) in subsection (a)— Sanders forms that bring parity between work- Brown (OH) Kohl Schumer (A) by striking ‘‘except administrative ex- Cantwell Lautenberg Shaheen ers’ comp benefits and retirement ben- Cardin Leahy penses’’ and inserting ‘‘including administra- Stabenow efits for Federal workers. It makes it Casey Levin tive expenses’’; and Tester Conrad Manchin (B) by striking the last 2 sentences; and much more comparable to the States’ Udall (NM) (2) in subsection (b)— workers’ comp plans. The Federal plan Coons Menendez Durbin Merkley Webb (A) in the first sentence, by inserting be- is more generous than any State plan. Feinstein Mikulski Whitehouse fore the period ‘‘and an estimate of a pro- The amendment does nothing to com- Franken Murray Wyden rata share of the amount of funds necessary bat the rampant fraud nor constrain Gillibrand Nelson (NE) to administer this subchapter for the fiscal costs which have increased by $1 bil- year beginning in the next calendar year’’; NAYS—53 and lion. Alexander Enzi McConnell (B) in the second sentence, by striking In the current workers’ comp pro- Ayotte Graham Moran ‘‘costs’’ and inserting ‘‘amount set out in the gram, we have 2,000 postal employees Barrasso Grassley Murkowski who are over age 70; we have 6 Federal Bennet Hagan Paul statement of costs and administrative ex- Blunt Hatch penses furnished pursuant to this sub- workers who are age 100 or older. These Portman Boozman Hoeven Risch section’’. individuals are not coming back to Brown (MA) Hutchison Roberts SEC. 310. CONFORMING AMENDMENT. work. We are trying to focus this pro- Burr Inhofe Rubio Carper Isakson Section 8101(1)(D) of title 5, United States Sessions gram, as it should be, on returning in- Chambliss Johanns Shelby Code, is amended by inserting before the jured workers to work. It is very simi- Coats Johnson (WI) Snowe semicolon ‘‘who suffered an injury on or lar to the proposals that the Obama ad- Coburn Kyl prior to March 3, 1979’’. Cochran Landrieu Thune ministration has made. It grandfathers Toomey SEC. 311. EFFECTIVE DATE. Collins Lee in everyone for 3 years as well as those Udall (CO) Except as otherwise provided, this title Corker Lieberman age 65 and older. Cornyn Lugar Vitter and the amendments made by this title, The PRESIDING OFFICER (Mr. BEN- Crapo McCain Warner shall take effect 60 days after the date of en- DeMint McCaskill Wicker actment of this Act. NET). The Senator’s time has expired. Mr. LIEBERMAN. Mr. President, I SEC. 312. PAYGO COMPLIANCE. NOT VOTING—1 wish to join my friend from Maine in The budgetary effects of this Act, for the Kirk respectfully opposing Senator AKAKA’s purpose of complying with the Statutory The PRESIDING OFFICER. Under Pay-As-You-Go-Act of 2010, shall be deter- amendment. mined by reference to the latest statement This workers’ compensation program the previous order requiring 60 votes titled ‘‘Budgetary Effects of PAYGO Legisla- has gotten out of control. Senator COL- for the adoption of this amendment, tion’’ for this Act, submitted for printing in LINS has worked hard on this with oth- the amendment is rejected. the Congressional Record by the Chairman of ers. Her reform proposal for the Postal The Senator from Colorado is recog- the Senate Budget Committee, provided that Service struck the Obama administra- nized. such statement has been submitted prior to tion as so sensible that they asked our AMENDMENT NO. 2047, AS MODIFIED the vote on passage. committee to extend it to all the Fed- Mr. BENNET. Mr. President, I call up The PRESIDING OFFICER. Under eral Government employees. my amendment No. 2047 and ask unani- the previous order, there will be 2 min- I urge opposition, respectfully, to the mous consent that it be modified with utes of debate equally divided prior to Akaka amendment. the changes that are at the desk. a vote on amendment No. 2034 offered The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there by the Senator from Hawaii. ator from Hawaii. Mr. AKAKA. Madam President, I Mr. AKAKA. Cutting workers’ com- objection? Without objection, it is so have serious concerns with the FECA pensation benefits governmentwide is ordered. provisions in this bill, especially since not fair and it is not necessary to save The clerk will report the amendment. they would reduce benefits for many the Postal Service. We should follow The assistant legislative clerk read employees who were already injured the House’s example and enact bipar- as follows: while working in service to this coun- tisan reforms contained in my amend- The Senator from Colorado [Mr. BENNET], try, such as Federal firefighters, FBI ment and wait until GAO finishes its proposes an amendment numbered 2047, as agents, prison guards, and civilians analysis before making decisions on modified. serving in Iraq and Afghanistan. In ad- benefit levels. The amendment is as follows:

VerDate Mar 15 2010 03:47 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.023 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2648 CONGRESSIONAL RECORD — SENATE April 24, 2012 (Purpose: To establish citizen’s service pro- findings under paragraph (1)(B), the Postal ‘‘(A) not later than 15 days after the re- tection advocates, to require the Strategic Service shall submit a strategic plan for en- quest, access to any records, reports, audits, Advisory Commission on Postal Service tering into inter-agency agreements con- reviews, documents, papers, recommenda- Solvency and Innovation to study the ad- cerning post offices to— tions, or other materials of the Postal Serv- visability of the Postal Service entering (i) the Committee on Homeland Security ice relating to the closing or consolidation of into inter-agency agreements with respect and Governmental Affairs of the Senate; and the relevant post office or postal facility; to post offices, and to require the Postal (ii) the Committee on Oversight and Gov- and Service to develop a strategic plan for en- ernment Reform of the House of Representa- ‘‘(B) technical assistance in carrying out tering into such inter-agency agreements) tives. the duties of the citizen’s service protection On page 30, line 15, strike ‘‘and’’. (B) LIMITATIONS.—The strategic plan sub- advocate. On page 30, lines 16 and 17, insert ‘‘and’’ mitted under subparagraph (A)— ‘‘(2) LIMITATIONS.—Nothing in this section after ‘‘Commission;’’. (i) shall be consistent with— may be construed to require the Postal Serv- On page 30, between lines 17 and 18, insert (I) the retail service standards established ice to provide to a citizen’s service protec- the following: under section 203 of this Act; tion advocate any information that is ex- ‘‘(iii) the chief executive of each State (II) section 411 of title 39, United States empt from disclosure under section 552(b) of Code, as amended by this Act; and whose residents are served by the postal fa- title 5. (III) public interest and demand; and cility, to allow the chief executive to ap- ‘‘(d) COMMUNICATION AND CONSULTATION.— (ii) may not prevent the implementation of point a citizen’s service protection advocate The Postal Service shall— Postal Service initiatives with respect to re- under section 417;’’. ‘‘(1) provide for regular and efficient com- tail access to postal services under sections On page 34, line 16, insert ‘‘, or with the re- munication between a citizen’s service pro- 203 and 204 of this Act. quirements of section 417 of this title’’ after tection advocate and the officer or employee (C) COST SAVINGS PROJECTIONS.—The stra- ‘‘2012’’. of the Postal Service responsible for the tegic plan submitted under subparagraph (A) On page 34, line 24, insert ‘‘or with the re- closing or consolidation of the relevant post shall include, for each proposed inter-agency quirements of section 417 of this title,’’ after office or postal facility; and agreement, a projection of cost savings to be ‘‘2012,’’. ‘‘(2) consult with the citizen’s service pro- realized by the Postal Service and by any On page 41, strike lines 2 through 4 and in- tection advocate in developing and imple- other Federal agency that is a party to the sert the following: menting service changes that affect postal agreement. ‘‘such closing or consolidation to— customers affected by the closing or consoli- (h) TERMINATION OF THE COMMISSION.—The dation of the relevant post office or postal ‘‘(i) persons served by such post office to Advisory Commission shall terminate 90 ensure that such persons will have an oppor- facility. days after the later of— ‘‘(e) TERMINATION OF SERVICE.—An indi- tunity to present their views; and (1) the date on which the Advisory Com- vidual may not serve as a citizen’s service ‘‘(ii) the chief executive of each State mission submits the report on the strategic protection advocate with respect to the clos- whose residents are served by such post of- blueprint for long-term solvency under sub- ing or consolidation of a post office or postal fice to allow the chief executive to appoint a section (f); and facility after the later of— citizen’s service protection advocate under (2) the date on which the Advisory Com- ‘‘(1) the date on which the Postal Service section 417.’’. mission submits the findings on inter-agency determines not to close or consolidate the On page 84, strike line 8 and all that fol- agreements for post offices under subsection post office or postal facility; and lows through line 11 and insert the following: (g). ‘‘(2) the date on which the Postal Service (g) STUDY AND STRATEGIC PLAN ON INTER- (i) AUTHORIZATION OF APPROPRIATIONS.— determines to close or consolidate the post AGENCY AGREEMENTS FOR POST OFFICES.— There office or postal facility.’’. (1) DUTIES OF ADVISORY COMMISSION.— On page 84, between lines 14 and 15, insert (b) TABLE OF SECTIONS.—The table of sec- (A) STUDY.— the following: tions for chapter 4 of title 39, United States (i) IN GENERAL.—The Advisory Commission SEC. 214. CITIZEN’S SERVICE PROTECTION ADVO- Code, is amended by adding at the end the shall conduct a study concerning the advis- CATES. following: ability of the Postal Service entering into (a) IN GENERAL.—Chapter 4 of title 39, ‘‘417. Citizen’s service protection advo- United States Code, is amended by adding at inter-agency agreements with Federal, cates.’’. State, and local agencies, with respect to the end the following: (c) EFFECTIVE DATE.—The amendments post offices, that— ‘‘§ 417. Citizen’s service protection advocates made by this section shall take effect on the (I) streamline and consolidate services pro- ‘‘(a) DEFINITIONS.—In this section— date on which the Postal Service establishes vided by Federal, State, and local agencies; ‘‘(1) the term ‘citizen’s service protection retail service standards under section 203. (II) decrease the costs incurred by Federal advocate’ means an individual appointed or Mr. BENNET. Mr. President, I rise on agencies in providing services to the general designated under applicable State law, in the public; and manner described in subsection (b), by the behalf of amendment No. 2047, which I (III) improve the efficiency and maintain chief executive of a State affected by the have cosponsored with Senator BLUNT. the customer service standards of the Fed- closing or consolidation of a post office or I deeply appreciate his leadership. eral, State, and local agencies. postal facility to represent the interests of This bipartisan amendment would (ii) CLARIFICATION OF INTER-AGENCY AGREE- postal customers affected by the closing or allow for a nonpaid advocate to rep- MENTS.—The study under clause (i) shall in- consolidation; and resent communities facing a closure or clude consideration of the advisability of the ‘‘(2) the term ‘postal facility’ has the a consolidation. Advocates would rep- Postal Service entering into an inter-agency meaning given the term in section 404(f). resent their communities’ interests agreement with— ‘‘(b) APPOINTMENT OF ADVOCATE.— throughout closure proceedings and (I) the Bureau of the Census for the provi- ‘‘(1) IN GENERAL.—The chief executive of a sion of personnel and resources for the 2020 State affected by the proposed closing or would work with the Postal Service to decennial census; consolidation of a post office or postal facil- identify alternative methods to main- (II) the department of motor vehicles, or ity may appoint or designate a citizen’s serv- tain service standards. Advocates an equivalent agency, of each State for the ice protection advocate to represent the in- would have access to documents, data, provision of driver licenses, vehicle registra- terests of postal customers affected by the and reports related to the proposed clo- tion, and voter registration; proposed closing or consolidation. sure. Advocates would also have au- (III) the division of wildlife, the depart- ‘‘(2) CONSULTATION.—To be considered a thority to appeal a final decision on ment of natural resources, or an equivalent citizen’s service protection advocate for pur- closure to the Postal Regulatory Com- agency, of each State for the provision of poses of this section, an individual must mission if there was a concern it would hunting and fishing licenses; and have been appointed or designated by the (IV) other Federal agencies responsible for chief executive of a State in consultation hurt service standards. providing services to the general public. with— Finally, the amendment would allow (B) FINDINGS.—The Advisory Commission ‘‘(A) the mayor (or equivalent official) of the strategic commission already con- shall— any city affected by the closing or consolida- tained within this bill to develop inter- (i) not later than 1 year after the date of tion; and agency agreements so that post offices enactment of this Act, submit to the Postal ‘‘(B) the commissioner (or equivalent offi- could provide additional government Service the findings of the study conducted cial) of any county or parish affected by the services, such as the issuance of Social under subparagraph (A); and closing or consolidation. Security cards and hunting and fishing (ii) incorporate the findings described in ‘‘(c) ACCESS TO INFORMATION AND ASSIST- licenses, similar to what it already clause (i) into the strategic blueprint re- ANCE.— quired under subsection (f). ‘‘(1) IN GENERAL.—Subject to paragraph (2), does for passports. (2) POSTAL SERVICE STRATEGIC PLAN.— upon the request of any citizen’s service pro- In 2011, to take 1 year, the Postal (A) IN GENERAL.—Not later than 6 months tection advocate appointed under this sec- Service accepted 5.6 million passport after the date on which the Advisory Com- tion, the Postal Service shall provide to the applications that generated $182 mil- mission submits to the Postal Service the citizen’s service protection advocate— lion in revenue. This amendment has

VerDate Mar 15 2010 02:38 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.025 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2649 the potential to cut government costs, Code, is amended by striking the last sen- The PRESIDING OFFICER. Is there improve access, and help keep post of- tence. further debate? If not, the question is fices open by supplementing revenue (c) MODERN RATE REGULATION.—Section on agreeing to the amendment. The 3622(d) of title 39, United States Code, is re- streams in a way that is particularly pealed. yeas and nays have been ordered, and helpful to our rural communities. I (d) DELIVERY SERVICE STANDARDS, MAIL the clerk will call the roll. hope the Senate could adopt this PROCESSING, AND COMMUNITY POST OFFICES.— The assistant legislative clerk called amendment. Sections 201 and 202 of this Act, and the the roll. I yield to my colleague Senator amendments made by those sections, shall Mr. KYL. The following Senator is have no force or effect. BLUNT and thank him for his work. necessarily absent: the Senator from (e) APPLICABILITY OF REDUCTION-IN-FORCE Mr. BLUNT. Mr. President, I worked Illinois (Mr. KIRK). PROCEDURES.—Section 1206 of title 39, United with Senator BENNET on this amend- States Code is amended by adding at the end The PRESIDING OFFICER (Mr. BEN- ment. I think it does ensure that com- the following: NET). Are there any other Senators in munities are not notified a facility is ‘‘(d) Collective-bargaining agreements be- the Chamber desiring to vote? closed without having any opportunity tween the Postal Service and bargaining rep- The result was announced—yeas 29, to have input. It provides for advocacy resentatives recognized under section 1203, nays 70, as follows: ratified after the date of enactment of this [Rollcall Vote No. 74 Leg.] and also gives the post office system subsection, shall contain no provision re- some flexibility that they do not have stricting the applicability of reduction-in- YEAS—29 now to provide postal services in new force procedures under title 5 with respect to Alexander Graham McCain and innovative ways. members of the applicable bargaining unit.’’. Ayotte Hatch McConnell I urge my colleagues to adopt this (f) HISTORIC POST OFFICES.—Section 404(d) Burr Hutchison Paul of title 39, United States Code, is amended by Chambliss Inhofe Risch amendment. Coats Isakson The PRESIDING OFFICER. The Sen- adding at the end the following: Rubio ‘‘(7)(A) In this paragraph, the term ‘‘his- Coburn Johanns Sessions Corker Johnson (WI) ator from Massachusetts. toric post office building’’ means a post of- Shelby Mr. BROWN of Massachusetts. I also Cornyn Kyl Toomey fice building that is a certified historic Crapo Lee Vitter want to, as a cosponsor of this impor- structure, as that term is defined in section DeMint Lugar tant piece of legislation, commend 47(c)(3) of the Internal Revenue Code of 1986. NAYS—70 Senators BENNET and BLUNT for work- The PRESIDING OFFICER. There ing together in a truly bipartisan way Akaka Gillibrand Nelson (NE) will be 2 minutes of debate equally di- Barrasso Grassley Nelson (FL) to make sure we get another good addi- vided. Baucus Hagan Portman tion to this bill. I agree the commu- Mr. CORKER. Mr. President, this Begich Harkin Pryor nities affected by postal closings amendment is a balanced approach Bennet Heller Reed Bingaman Hoeven Reid should have that strong advocacy to that strives to give the U.S. Postal Blumenthal Inouye protect them against arbitrary and ca- Service maximum flexibility in mul- Roberts Blunt Johnson (SD) Rockefeller Boozman Kerry pricious closings. This bill also asks tiple areas as they work toward finan- Sanders Boxer Klobuchar the Strategic Advisory Commission, es- cial stability. Here is the best part. Ac- Schumer Brown (MA) Kohl tablished in our bill, to look into how cording to the Congressional Budget Brown (OH) Landrieu Shaheen other Federal and State agencies and Office, this amendment results in sav- Cantwell Lautenberg Snowe the Postal Service might enter into ings of $21 billion over the next 10 Cardin Leahy Stabenow Carper Levin Tester interagency agreements in order to years. I do not think we have seen Casey Lieberman Thune better utilize the services and improve amendments that do this, that save $21 Cochran Manchin Udall (CO) efficiencies as referenced by the Sen- billion. Collins McCaskill Udall (NM) ator from Colorado. In conclusion, it is clear the Postal Conrad Menendez Warner Service needs to make drastic changes. Coons Merkley Webb They are both fine improvements, Durbin Mikulski Whitehouse and I and the prime sponsors of the I applaud those portions of S. 1789 that Enzi Moran Wicker amendment support this amendment. allow the Postal Service greater flexi- Feinstein Murkowski Wyden I thank the Chair. bility. But too many provisions in S. Franken Murray I yield the floor. 1789 would put more restrictions on the NOT VOTING—1 The PRESIDING OFFICER. Is there Postal Service, not fewer, and limit the Kirk further debate? If not, the question is organization’s ability to adapt to The PRESIDING OFFICER. Under on agreeing to the amendment. changing times. the previous order requiring 60 votes The amendment (No. 2047), as modi- I urge support of my amendment and for the adoption of this amendment, fied, was agreed to. ask for the yeas and nays. The PRESIDING OFFICER. Is there a the amendment is rejected. AMENDMENT NO. 2083 The Senator from Connecticut. sufficient second? There appears to be The PRESIDING OFFICER. The Sen- Mr. LIEBERMAN. Mr. President, I ator from Tennessee is recognized. a sufficient second. The yeas and nays were ordered. move to reconsider the last vote, and I Mr. CORKER. Mr. President, I call up move to lay that motion on the table. amendment No. 2083. The PRESIDING OFFICER. The Sen- ator from Connecticut. The motion to lay on the table was The PRESIDING OFFICER. The agreed to. clerk will report. Mr. LIEBERMAN. Mr. President, I AMENDMENT NO. 2049 The bill clerk read as follows: rise to oppose this amendment. It deals with some issues that the committee Mr. LIEBERMAN. Mr. President, the The Senator from Tennessee [Mr. CORKER], next amendment on the list is Senator proposes an amendment numbered 2083. and the bipartisan bill have dealt with MIKULSKI’s amendment. Senator MI- The amendment is as follows: in a fair and balanced way. It kind of breaks through that proposal we have KULSKI has decided not to introduce her On page 39, strike line 20 and all that fol- amendment. I thank her for that, and lows through page 45, line 17, and insert the made. It would permit the Postal Serv- following: ice to move to 5-day delivery service we will go next to Senator AKAKA’s amendment numbered 2049. SEC. 205. OTHER PROVISIONS. immediately. It would increase rates (a) FREQUENCY OF MAIL DELIVERY.—Section without a cap. It also removes some The PRESIDING OFFICER. The Sen- 101 of title 39, United States Code, is amend- protections that are in the bill at this ator from Hawaii. ed by adding at the end the following: time. Mr. AKAKA. Mr. President, I call up ‘‘(h) Subject to the requirements of section I think this amendment, if adopted, my amendment No. 2049. 3661, nothing in this title or any other provi- would lead to the kind of curtailments The PRESIDING OFFICER. The sion of law shall be construed to prevent the in postal operations that would actu- clerk will report. Postal Service from taking any action nec- ally not help the Postal Service but di- The bill clerk read as follows: essary to provide for a 5-day-per-week deliv- minish revenues and put it more dra- The Senator from Hawaii [Mr. AKAKA] pro- ery schedule for mail and a commensurate poses an amendment numbered 2049. adjustment in the schedule for rural delivery matically into deficits. of mail.’’. With respect to my friend, the Sen- Mr. AKAKA. I ask unanimous con- (b) OVERALL VALUE OF FRINGE BENEFITS.— ator from Tennessee, who sponsored it, sent that the reading of the amend- Section 1005(f) of title 39, United States I oppose this amendment. ment be dispensed with.

VerDate Mar 15 2010 02:38 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.070 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2650 CONGRESSIONAL RECORD — SENATE April 24, 2012 The PRESIDING OFFICER. Without pervisory organizations when there are Mr. PAUL. Mr. President, I call up objection, it is so ordered. changes made in work schedules or amendment No. 2025. The amendment is as follows: benefits. They should have the right to The PRESIDING OFFICER. The (Purpose: To allow supervisory and other have their views heard. It does not give clerk will report. managerial organizations to participate in them a veto. It does not authorize col- The bill clerk read as follows: the planning and development of changes lective bargaining or contract negotia- The Senator from Kentucky [Mr. PAUL] in, or termination of, pay policies and tions in any way. I wish to emphasize proposes an amendment numbered 2025. schedules and fringe benefit programs) that because there has been misin- Mr. PAUL. Mr. President, I ask unan- At the end of title I, add the following: formation about what this amendment, imous consent that reading of the SEC. 106. SUPERVISORY AND OTHER MANAGE- in fact, entails. amendment be dispensed with. RIAL ORGANIZATIONS. I support this amendment and I urge The PRESIDING OFFICER. Without Section 1004 of title 39, United States Code, its adoption. objection, it is so ordered. is amended— The PRESIDING OFFICER. The Sen- (1) in subsection (b), in the second sen- The amendment is as follows: tence, by inserting ‘‘as provided under sub- ator from Hawaii. (Purpose: To end the mailbox use monopoly) section (d) and any changes in, or termi- Mr. AKAKA. I ask for a voice vote. At the end of title II, add the following: Mr. DEMINT. Mr. President, I object. nation of, pay policies and schedules and SEC. ll. ENDING THE MAILBOX USE MONOPOLY. fringe benefit programs for members of the I would like a rollcall vote. I ask for Section 1725 of title 18, United States Code, supervisors’ organization as provided under the yeas and nays. is amended by striking ‘‘established, ap- subsection (e)’’ before the period; and The PRESIDING OFFICER. Is there a proved, or accepted’’ and all that follows (2) in subsection (e)(1), by inserting ‘‘, or sufficient second? through ‘‘mail route’’ and inserting ‘‘or post termination of,’’ after ‘‘any changes in’’. There appears to be a sufficient sec- office box owned by the Postal Service or lo- The PRESIDING OFFICER. Under ond. cated on Postal Service property’’. the previous order, there will be 2 min- The question is on agreeing to the Mr. PAUL. Mr. President, it is a Fed- utes of debate, equally divided, prior to amendment. eral crime for anyone but the U.S. a vote on amendment No. 2049 offered The clerk will call the roll. Postal Service to use a mailbox. The by the Senator from Hawaii, Mr. The bill clerk called the roll. United States is the only country in AKAKA. Mr. KYL. The following Senator is the world that grants a mailbox mo- Mr. AKAKA. Mr. President, current necessarily absent: the Senator from nopoly. You can purchase your mail- law provides postmasters and post of- Illinois (Mr. KIRK). box, you can install it, you can fix it, The PRESIDING OFFICER. Are there fice supervisors with the opportunity but you do not truly own it because any other Senators in the Chamber de- to consult over pay and benefits. This you do not control what goes in your siring to vote? is not collective bargaining and does mailbox. If someone vandalizes your The result was announced—yeas 57, not result in a contract. mailbox, you are responsible for it. You nays 42, as follows: Unfortunately, the Postal Service repair it. But you cannot decide what [Rollcall Vote No. 75 Leg.] tries to modify, reduce or eliminate su- goes in it. If you put something in a pervisors’ benefits outside the normal YEAS—57 mailbox without the permission of the consultation process, arguing that Con- Akaka Gillibrand Murray U.S. Postal Service, if your child puts gress intended this consultation for the Baucus Hagan Nelson (NE) Begich Harkin Nelson (FL) a birthday invitation in a mailbox, it creation but not elimination of benefit Bennet Inouye Pryor can be a $5,000 fine. If an organization programs. This amendment simply Bingaman Johnson (SD) Reed puts something in a mailbox other clarifies existing law that the consulta- Blumenthal Kerry Reid Boxer Klobuchar Rockefeller than through the Postal Service, it is a tion requirement applies to any Brown (MA) Kohl Sanders $10,000 fine. changes to pay or benefits. Brown (OH) Landrieu Schumer My amendment would grant indi- I urge my colleagues to support this Cantwell Lautenberg Shaheen vidual owners of mailboxes the right to amendment. Cardin Leahy Snowe Carper Levin Stabenow make decisions about their mailboxes. The PRESIDING OFFICER. Who Casey Lieberman Tester Adopting this amendment would re- yields time? The Senator from Con- Collins Manchin Udall (CO) store individual mailbox choice. So I necticut. Conrad McCaskill Udall (NM) Coons Menendez Warner am for mailbox choice, and I hope the Mr. LIEBERMAN. I rise to support Durbin Merkley Webb body is. It seems to me a fundamen- the amendment offered by my friend Feinstein Mikulski Whitehouse tally American concept to control ac- from Hawaii. The Postal Service is Franken Murkowski Wyden cess to your own mailbox. I urge adop- going to need the support of all its em- NAYS—42 tion of this amendment. ployees and managers to turn around Alexander Enzi McCain The PRESIDING OFFICER. The ma- its current decline. Ayotte Graham McConnell jority leader. Postmasters and postal supervisors Barrasso Grassley Moran Mr. REID. Mr. President, I would like Blunt Hatch Paul are a real and important human asset Boozman Heller Portman to inform the Senate that this will be for the Postal Service and we should do Burr Hoeven Risch the last vote tonight. I have spoken to what we can to foster productive and Chambliss Hutchison Roberts Senator MCCONNELL. I know there are constructive collaboration between the Coats Inhofe Rubio Coburn Isakson Sessions a lot of important things that commit- Postal Service and the senior employ- Cochran Johanns Shelby tees have to do tomorrow, so we are ees. The Akaka amendment just clari- Corker Johnson (WI) Thune going to start voting on finishing the fies and strengthens existing require- Cornyn Kyl Toomey postal bill tomorrow at 2 o’clock. We Crapo Lee Vitter ments for consultation, not collective DeMint Lugar Wicker appreciate everyone’s cooperation bargaining, for the scheduling of today. We will need some more tomor- changes and terminations of pay and NOT VOTING—1 row. benefit programs. I urge my colleagues Kirk The PRESIDING OFFICER. The Sen- to support it. The PRESIDING OFFICER. Under ator from Maine. The PRESIDING OFFICER. The Sen- the previous order requiring 60 votes Ms. COLLINS. Mr. President, there ator from Maine. for the adoption of this amendment, are at least three problems with the Ms. COLLINS. Mr. President, let me the amendment is rejected. amendment offered by the Senator just reinforce that this is not giving The Senator from Connecticut. from Kentucky. collective bargaining rights to post- AMENDMENT NO. 2025 The first is a practical problem. How masters or to postal supervisors. I sup- Mr. LIEBERMAN. Mr. President, I is the Postal Service going to deal with port Senator AKAKA’s amendment. All believe the next amendment in order is a situation where at one house there is it is trying to do is strengthen a provi- amendment No. 2025 by the Senator a monopoly on the use of the post of- sion that is in current law that asks for from Kentucky. fice box and at the next house there is the Postmaster General to consult The PRESIDING OFFICER. The Sen- not a monopoly? How is that going to with the postmasters and the other su- ator from Kentucky. work?

VerDate Mar 15 2010 02:38 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.073 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2651 Second, mail often contains highly Mr. LIEBERMAN. Mr. President, I At this time, Mr. President, I would sensitive pieces, such as medical suggest the absence of a quorum. like to ask my Senate colleagues to records, bills, personal correspondence. The PRESIDING OFFICER. The join me in honoring the memory of the Continuation of the mailbox monopoly clerk will call the roll. Honorable Judge James G. Weddle. The is necessary to preserve the safety, the The assistant legislative clerk pro- people of Kentucky are the better for security, and the privacy of mail. ceeded to call the roll. his many years of service. The third argument is that if you re- Mr. REID. Mr. President, I ask unan- A newspaper in my home State, the peal the mailbox monopoly, you will imous consent that the order for the Casey County News, published an ex- leave rural America behind. There will quorum call be rescinded. cellent article highlighting the Judge’s be plenty of competition in large cit- The PRESIDING OFFICER. Without life and career, as well as his obituary. ies, but who will be left to serve rural objection, it is so ordered. I ask unanimous consent that said ma- America? Only the Postal Service. And f terials be printed in the RECORD. that will further drive up its costs be- MORNING BUSINESS There being no objection, the mate- cause it will be losing customers. Mr. REID. Mr. President, I ask unan- rials were ordered to appear as follows: I strongly urge opposition to this [From the Casey County News, Apr. 18, 2012] amendment. imous consent that we proceed to a pe- The PRESIDING OFFICER. The riod of morning business, with Sen- JUDGE WEDDLE REMEMBERED—CIRCUIT COURT ators allowed to speak for 10 minutes JUDGE DIES DAYS AFTER ANNOUNCING RE- question is on agreeing to the amend- TIREMENT ment. each. Mr. PAUL. Mr. President, I ask for The PRESIDING OFFICER. Without (By Larry Rowell) the yeas and nays. objection, it is so ordered. A Casey County native who devoted his life to his family, the law, and to the people of The PRESIDING OFFICER. Is there a f Casey County has died after an extended ill- sufficient second? REMEMBERING JUDGE JAMES G. ness. There appears to be a sufficient sec- WEDDLE Casey Circuit Court Judge James G. ond. Weddle died in the early morning hours of Mr. MCCONNELL. Mr. President, I The clerk will call the roll. April 11 at home surrounded by family mem- The assistant legislative clerk called rise today to pay tribute and bid fare- bers. He was 71. the roll. well to a Kentuckian I knew well and Just a few days before, Weddle had an- Mr. KYL. The following Senator is considered a good friend. The Honor- nounced that he was retiring May 1 from the necessarily absent: the Senator from able Judge James G. Weddle of Casey 29th Judicial Circuit, which included Casey Illinois (Mr. KIRK). County, KY, passed away recently, and Adair counties. The PRESIDING OFFICER. Are there shortly after announcing he would be Weddle was serving his second eight-year any other Senators in the Chamber de- stepping down from the bench. He was term, having first been elected in 1998. siring to vote? 71. Prior to serving as a circuit judge, Weddle became an attorney in 1966 after graduating The result was announced—yeas 35, Judge Weddle had a remarkable legal from the University of Kentucky School of nays 64, as follows: career that spanned over 45 years; Law. He served as Casey County Attorney for [Rollcall Vote No. 76 Leg.] much of it in public service. A graduate 16 years and also in private practice. YEAS—35 of the University of Kentucky School Fellow judges and attorneys had nothing Alexander Enzi Moran of Law, Judge Weddle served as Casey but high praise for Weddle and a legal career Ayotte Graham Paul County Attorney for 16 years, and that spanned more than 45 years. Barrasso Grassley Risch served as a circuit judge on the 29th ‘‘I have known Judge Weddle for many Blunt Hatch Roberts Judicial Circuit of Kentucky from 1998 years and he was distinguished by his dedica- Boozman Heller Rubio tion to his work. No other judge I know any- Chambliss Isakson Sessions until his untimely passing; he planned where worked harder with a completeness Coburn Johanns Shelby to retire in May. and constancy of his work,’’ said Chief Jus- Cochran Johnson (WI) Thune What strikes me the most about Corker Kyl tice John Minton of the Kentucky Supreme Toomey Cornyn Lee Judge Weddle, after having the benefit Court. Vitter Crapo McCain of his friendship, is how much he val- Casey and Adair County Commonwealth’s Wicker DeMint McConnell ued public service to the people of Attorney Brian Wright prosecuted many NAYS—64 Casey County and Kentucky. Right up cases before Weddle. until the end of his career, he was al- ‘‘I had a lot of respect for Judge Weddle, Akaka Hagan Murray especially for his legal mind. He devoted his Baucus Harkin Nelson (NE) ways striving to be better. He felt he life to the legal profession,’’ Wright said. Begich Hoeven Nelson (FL) had not yet reached his peak. Being the Also, Weddle was known for his vast Bennet Hutchison Portman best—and doing the best, for the ben- Bingaman Inhofe Pryor knowledge of legal cases and his ability to Blumenthal Inouye Reed efit of all who came into his courtroom cite cases without ever pulling a law book off Boxer Johnson (SD) Reid was important to him. the shelf. Brown (MA) Kerry Rockefeller A scholarly man, Judge Weddle was ‘‘He read books, books, and books, and ar- Brown (OH) Klobuchar Sanders ticles on the Internet. He didn’t golf or hunt Burr Kohl sure to read all the latest law books Schumer or fish. His life was the law,’’ Wright said. Cantwell Landrieu and articles, and often knew more Shaheen Cardin Lautenberg about recent legal events than lawyers Still, Weddle was known for being a fair Carper Leahy Snowe judge who had an open mind. Casey Levin Stabenow in his courtroom who were half his age. ‘‘It was never his way or the highway when Coats Lieberman Tester He was well known for his ability to it came to the law,’’ said Janelle ‘‘Tootsie’’ Collins Lugar Udall (CO) cite case after case without having to Roberts, who served as Weddle’s secretary Conrad Manchin Udall (NM) reference a computer or his law books. for 22 years. Warner Coons McCaskill Wright said that in one particular case he Durbin Menendez Webb Simply put, he loved the law. And he Feinstein Merkley Whitehouse loved the people of his community. You was trying before Weddle, he was able to Franken Mikulski Wyden couldn’t ask for a finer combination of show the judge a prior case that changed the Gillibrand Murkowski way he thought about it. passions in a Kentucky circuit court ‘‘He was always open to something new,’’ NOT VOTING—1 judge. The people of the Common- Wright said. Kirk wealth were blessed to have him. Roberts said that in addition to loving the The PRESIDING OFFICER. Under Elaine and I extend our deepest sym- law, Weddle also was a history buff who had the previous order requiring 60 votes pathies to the judge’s family, espe- a knack for remembering dates and events. for the adoption of this amendment, cially his wife, Zona; his son, James; ‘‘Judge Weddle loved history and some- the amendment is rejected. his daughters, Lucinda, Suzanne, An- times in court he would ask, Today is De- cember 7, can anyone tell me what happened The Senator from Connecticut. drea, and Sarah; his grandchildren, Jack, Jeb, and Beau; his brother, R.C.; on that date?’’’ Roberts said. Mr. LIEBERMAN. Mr. President, I And there was another belief that Minton, move to reconsider the vote, and I his sister, Delores; and many other Wright, and Roberts shared about Weddle his move to lay that motion on the table. friends and family members. The judge love for the people of Casey County. The motion to lay on the table was was preceded in death by his sister, ‘‘In the last conversation that I had with agreed to. Norma Jean. Judge Weddle where he told me he was going

VerDate Mar 15 2010 02:38 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.076 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2652 CONGRESSIONAL RECORD — SENATE April 24, 2012 to resign, he told me how important his mark these atrocities because only by intimidation against its own people. work was to him and how reluctant he was acknowledging the violence and inhu- The examples of history make clear the to give it up. He kept thinking he was going manity can we begin the process of rec- international community’s obligation to get better,’’ Minton said. to speak out and to take action. It is ‘‘I hate to lose dedicated people like Judge onciling populations who even today Weddle. It’s a loss to the state and to the are haunted by the damage done dec- unfortunate that nations in a position counties he served. And, he loved Casey ades ago. to do so, such as China and Russia, County,’’ Minton said. The Ottoman campaign against the have blocked the United Nations from A memorial service for Weddle was held on Armenians resulted in the deaths of taking stronger steps. The United Monday. A complete obituary can be found over 1.5 million people. Large numbers States and its allies must now seek to on page 4. of Armenians fled their homeland to implement additional steps to protect THE HONORABLE JAMES G. WEDDLE seek safety elsewhere, including in innocent civilians and hold the Assad Judge James G. Weddle passed away on Michigan and other communities in the regime in Syria accountable, including Wednesday, April 11, 2012, at his residence. United States. Some have sought to the possibility of establishing safe ha- He was born on March 21, 1941, in Liberty, deny that these events constituted vens along the border with Turkey. Kentucky, and was 71. James was the son of genocide, but the historical record is While we mark these historic crimes, the late Rupert Christopher Weddle and clear and undeniable. I ask any who it is also important to recognize signs Laura Jane Price Weddle and a Circuit Judge of progress. It is significant that the of the 29th Judicial Circuit of Kentucky. He deny the historical reality of the Ar- was preceded in death by one sister; Norma menian genocide to read ‘‘Giants of the United States is now taking what Jean Weddle Murphy. Earth,’’ the moving memoir of native promises to be not just a stronger ap- Survivors include his spouse, Zona Ellis Detroiter Mitch Kehetian and his proach to mass atrocities, but a more Weddle; one son, James Bryan Weddle of search for the fate of beloved family effective one. A presidential directive Lexington, Kentucky; four daughters, Lu- members during the tragedy. signed by President Obama last August cinda Jane Weddle (and Rick Grodesky) of It is important for us to remember states clearly: ‘‘Preventing mass atroc- Seattle, Washington, Suzanne Weddle (and ities and genocide is a core national se- Richard Webster) of Kansas City, Missouri, that these atrocities were not com- mitted by the Republic of Turkey. I curity interest and a core moral re- Andrea Weddle of Oakland, California, and sponsibility of the United States of Sarah Jean Weddle South (and Alex South) hope that the governments of Turkey of Spring Lake, North Carolina; three grand- and Armenia, encouraged by the good America.’’ And yesterday, the Presi- children, Jack, Jeb, and Beau South; one will of the community of nations, can dent announced that he will implement brother, R.C. (and Alma Vida) Weddle of Lib- heal the divisions that remain from the recommendations resulting from a erty, Kentucky; and one sister, Delores (and long-ago events that nonetheless re- comprehensive review of U.S. policy Gerald) Sasser of Louisville, Kentucky. main painful. We should also remember with regard to mass atrocity. Visitation will be from 2:00 p.m. until 5:00 that Turkey played a valuable role in The creation of an Atrocity Preven- p.m. Sunday evening April 15, 2012, at the tion Board will ensure that prevention supporting the international commu- Bartle Funeral Home Chapel. Memorial of these human tragedies is a focus of nity’s efforts to free Libya from dicta- Services officiated by the Reverend Jimmy U.S. policy, a national security inter- Brown will begin at 2:00 p.m. Monday after- torship and value the role Turkey is est we will pursue, bringing all appro- noon, April 16, 2012, at the Bartle Funeral playing today in helping to resolve the priate elements of American policy and Home Chapel. tragedy unfolding in neighboring power to bear. Importantly, U.S. policy The family requests in lieu of flowers Syria. please send memorials to the Duke Chil- It is doubly tragic that the Armenian recognizes that military action is not dren’s Hospital and Health Care, P.O. Box our only means to prevent mass atroc- genocide is now seen as the beginning 2975 c/o Duke University Medical Center, ity, and that every aspect of our inter- of a decades-long series of mass atroc- Durham, North Carolina 27710, or make a gift national involvement—intelligence, di- ities. The inability or unwillingness of to your favorite charity. plomacy, economic and development Online condolences may be expressed at the international community to come policy, as well as, when called for, mili- www.Bartlefuneralhomes.com. Bartle Fu- to the aid of the Armenians neral Home is in charge of all arrangements. tary power—can be called upon. emboldened others—including Adolph We cannot prevent the madness that, f Hitler, who told his commanders on the even in our era, too often leads to un- eve of the invasion of Poland, ‘‘Who, OBSERVING ARMENIAN GENOCIDE speakable crimes. But we can remem- after all, speaks today of the annihila- REMEMBRANCE DAY ber. We can speak out. And we can act, tion of the Armenians?’’ And so, he with the range of instruments at our Mr. LEVIN. Mr. President, this is a launched the Holocaust, ending the disposal, to prevent those in the fore- week to bear witness. Today, April 24, lives of six million Jews simply be- front of such madness from acting on we mark Armenian Genocide Remem- cause they were Jewish. their inhuman schemes. May Ameri- brance Day—the day on which we re- All people would like to believe that cans never forget the genocide visited mind one another of the organized they live in a more enlightened age, upon the Armenians we remember campaign of deportation, expropria- one in which we have overcome the in- today. And may our collective memo- tion, starvation—and atrocity per- humanity of the past. And yet our own ries always remind us of our responsi- petrated by the Ottoman Empire time is not immune from mass atroc- bility to prevent atrocity in our own against its Armenian population, be- ity. Recent events in Libya and Syria, time. ginning with the detention and even- to name just two, remind us that vio- tual execution of hundreds of Arme- lence, oppression, and disregard for f nian community members on April 24, human rights remain with us. TIBET 1915, just as, a few days ago, we marked Just as mass atrocity is still with us, Mr. LEAHY. Mr. President, I want to Holocaust Remembrance Day, bearing so are human courage and the deter- draw the Senate’s attention to the on- witness to the attempt by Nazi Ger- mination to stand against atrocity. going, intensifying and intolerable op- many to destroy Europe’s Jewish popu- When the international community pression occurring in Tibet. lation. came together to support the people of Over the past year, at least 32 Tibet- Why do we mark these days? Because Libya against the oppressive Libyan ans, most of them young men and in recognizing and condemning the hor- regime, we helped accomplish some- women, have set themselves on fire to ror of these acts, we affirm our own hu- thing important and powerful for Liby- protest Chinese policies that are in- manity, we ensure that the victims of ans, but beyond that, we sent a mes- fringing on Tibetan self-governance, these atrocities will not be forgotten, sage to other dictators that they might cultural traditions and religious beliefs and we warn those who believe they not escape a response from the inter- and practices. Of them, it is believed can perpetrate similar crimes with im- national community. that at least 23 have died. Eleven have punity that they will not escape the I say ‘‘might not’’ because we still self-immolated in the past 2 months world’s notice. We remind ourselves have a long way to go as a world com- alone. These incidents do not represent that we must never again allow such munity in confronting murderous dic- a temporary deviation from a peaceful mass assaults against human decency tators. The current regime in Syria is norm but are instead the latest re- without acting to stop them. And we engaged in a campaign of attack and sponse to a tragic, and unfortunately

VerDate Mar 15 2010 04:14 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.044 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2653 lengthy, history of religious and cul- Tenzin Delek’s imprisonment is just wrong, and I do so again today, calling tural controls, human rights violations one of the many examples of persecu- on President Obama to acknowledge and oppression of the Tibetan people. tion of Tibetan leaders that appear to unequivocally—as he did as a Senator— Reports from Tibet indicate that the be motivated by a desire to curb Ti- that the Armenian genocide is a widely Chinese government is further restrict- betan religious and cultural expression. documented fact supported by an over- ing access to foreign journalists and Many Tibetan protestors, both im- whelming body of historical evidence. tightening security throughout the re- prisoned and free, are not seeking inde- The Armenian genocide—along with gion. Chinese police and other officials pendence from China. Tibetan leaders, the Holocaust—is one the most studied in Tibet are forcing some nuns and including the Dalai Lama and the Ti- cases of genocide in history. A number monks to publicly denounce the Dalai betan Prime Minister, Lobsang of sovereign nations, ranging from Ar- Lama. Schools in some provinces have Sangay, who I was pleased to meet ear- gentina to France, as well as 43 U.S. been forced by the government to lier this year, have explicitly stated States have recognized what happened switch their official language of in- that they support the Middle-Way’ pol- as genocide. Yet, successive U.S. ad- struction from Tibetan to Mandarin icy, which seeks autonomy for Tibet ministrations continue only to refer to Chinese. These policies, among others, within the People’s Republic of China. the Armenian genocide as annihilation, have incited Tibetans to protest and Tibetans are not fighting for separa- massacre or murder. fight for the survival of their cultural tion from China; they are fighting for Every day that goes by without full identity and basic freedoms. the freedom of religious belief guaran- acknowledgment by the United States In recent weeks, a state-run Chinese teed to them by the Chinese Constitu- of these undeniable facts prolongs the website and news agency accused the tion. They are fighting for the security pain felt by descendants of the victims Dalai Lama of encouraging Tibetans to of their monks and monasteries. They and the entire Armenian community. set themselves on fire and of advo- are fighting for freedom of expression, There is no room for discretion when cating ‘‘Nazi’’ racial policies. Mr. association, and assembly, for personal dealing with unspeakable crimes President, many of us in the Senate liberty, for unrestricted media access, against humanity; genocide must be have had the privilege of meeting the and for the fundamental principles of called genocide, murder must be called Dalai Lama and I am proud to consider democracy that we in the United murder. And every day that goes by him a friend. It is baseless, offensive, States take for granted. without the U.S. acknowledgment of and deplorable to slander the Dalai We cannot and will not abandon the what happened to the Armenian people Lama in this way or to suggest that he Tibetan people, who have long been our in the early 20th century undermines is inciting violence. He is a man whose unwavering friends. We will stand by the United States’ role as a beacon for entire life has been devoted to peace. them to protect the principles of de- human rights around the world. For decades, the Dalai Lama has mocracy in the face of China’s repres- The United States’ credibility is par- sought to work with the Chinese gov- sive policies. Together, the Tibetans ticularly important as we seek to com- ernment to reach a peaceful resolution and the Chinese can peacefully reach a pel international condemnation of and over Tibet’s political status. The Dalai solution that meets the needs and aspi- active response to those who are perpe- Lama has, time and time again, ex- rations of both peoples. It is imperative trating extreme violence today— tended a hand of friendship to Beijing, that we support peaceful dialogue and whether it be in individual cases of which has consistently responded by discourage violent confrontation when- human rights abuses or in cases of gov- drastically misrepresenting his views ever it occurs, whether supported by ernment-driven attacks against citi- and accusing him of inciting violence, the Chinese authorities or Tibetan zens protesting for greater freedom and perhaps to draw attention away from protestors. opportunity. I am a cosponsor of Senator FEIN- their own brutal actions. The Chinese The United States cannot and does STEIN’s resolution, S. Res. 356, A Reso- government must know that violent not turn a blind eye to atrocities lution Expressing Support for the Peo- crackdowns and cultural genocide will around the globe. In fact, the United ple of Tibet, and I urge other Senators never be condoned. States is often the first to speak out in We share many interests with China to do so. We can foster closer, coopera- the face of violence and unspeakable and the future can bring our two coun- tive relations with China, but until suffering. But sadly, our Nation is on tries closer. China’s tremendous eco- China works with Tibetan leaders to the wrong side of history when it nomic transformation in the past few pursue a new way forward, their rep- comes to the Armenian genocide. It is utation in the community of nations, decades has brought great benefits to long past time to do the right thing. and their ability to act as a global the Chinese people and has spurred eco- So this April 24, as we pause to re- power, will remain tarnished. I hope nomic development in other countries. member the victims and to honor the that, in the years to come, the young That said, the economic emergence of countless contributions Armenian Tibetans who sacrificed their lives in China and its increased presence on the Americans have made to our great the past year will be remembered as world stage must be accompanied by country, I hope that the U.S. will fi- the catalysts for a political dialogue respect for human rights. China cannot nally and firmly stand on the right side that cemented a peaceful future for be a global leader while crushing of history and officially condemn the both Tibet and China. peaceful dissent in its own backyard, crimes of 1915–1923 by their appropriate destroying the culture of the Tibetan f name—genocide. people, and imprisoning Tibetan lead- 97TH ANNIVERSARY OF THE f ers. ARMENIAN GENOCIDE ADDITIONAL STATEMENTS I want to mention one of these im- Mrs. BOXER. Mr. President, I rise prisoned leaders, Tenzin Delek today to solemnly recognize the 97th Rinpoche. Tenzin Delek was recognized anniversary of the Armenian genocide. REMEMBERING GEORGE COWAN by the Dalai Lama as a reincarnate In 1948, the General Assembly of the ∑ Mr. BINGAMAN. Mr. President, lama in the 1980s. He was detained in United Nations passed the Convention today I wish to speak about the life of April 2002 on charges of exploding on the Prevention and Punishment of George Cowan who died last Friday in bombs and spreading politically the Crime of Genocide based in part on Los Alamos at the age of 92. charged leaflets and, following a closed the horrific crimes perpetrated by the From 1949 through 1988, he distin- trial, sentenced to death on December Ottoman Empire against the Armenian guished himself at the Los Alamos Na- 2, 2002. After appeal, Tenzin Delek’s people between 1915–1923. Yet, in the 63 tional Laboratory where he was a sci- sentence was commuted to life impris- years that have passed since the Con- entist—a nuclear chemist—and a senior onment. No evidence of his involve- vention was adopted, successive U.S. administrator. ment in any illegal activity has ever administrations have refused to call In 1984, he was instrumental in been made public. In fact, before being the deliberate massacre of the Arme- founding The Santa Fe Institute which detained, Tenzin Delek was well-known nians by what it was—a genocide. has achieved great recognition for its for educating children in rural areas For many years, I have urged these work in complexity and self-organizing and helping to build monasteries. administrations to right this terrible systems.

VerDate Mar 15 2010 04:14 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G24AP6.061 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2654 CONGRESSIONAL RECORD — SENATE April 24, 2012 A Founding Director of the Los Ala- Rick was born on April 30, 1955, to terest rate for Federal Direct Stafford mos National Bank, he was one of the Dick and Carolyn Mossman in Topeka, Loans, and for other purposes. several leaders in that community who KS. By the time he was 7 years old, S. 2344. A bill to extend the National Flood Insurance Program until December 31, 2012. labored to bring banking to a town Rick knew he wanted to become a park that was considered ‘‘temporary’’ and ranger. His life’s work began in May of f not deserving of its own bank. In 1963, 1975, when he started his first job with EXECUTIVE AND OTHER LANB was chartered and has grown to the National Park Service as a sea- COMMUNICATIONS be one of the leading financial institu- sonal GS–3 general ranger at Buffalo The following communications were tions in New Mexico. At his death, National River in Arkansas. In a career laid before the Senate, together with George was still serving on the Board spanning more than 3 decades, Rick accompanying papers, reports, and doc- of Directors. Mossman served at nine National Park uments, and were referred as indicated: George’s interests and contributions Service units from Washington, DC to EC–5788. A communication from the Senior are too numerous to detail in these Alaska. During this time, he was an in- Program Analyst, Federal Aviation Adminis- brief comments, but I will mention his terpreter, front country and back- tration, Department of Transportation, passion to understand the keys to the country patrol ranger, a district rang- transmitting, pursuant to law, the report of early development of children. He be- er, and finally a Chief Ranger at his a rule entitled ‘‘Amendment of Federal Air- lieved there were great benefits society current location of Wind Cave National ways; Alaska’’ ((RIN2120–AA66) (Docket No. could reap by giving more attention to Park in South Dakota. FAA–2011–0110)) received in the Office of the successful models of early childhood For the last 12 years, he has served President of the Senate on March 18, 2012; to the Committee on Commerce, Science, and education. on an All-Risk Incident Management Transportation. George’s life and work were invalu- Team tasked with responding to disas- EC–5789. A communication from the Senior able to our Nation and to my home ters such as Hurricanes Isabel and Rita Program Analyst, Federal Aviation Adminis- State of New Mexico. I was proud to or to managing the search effort for tration, Department of Transportation, count him as a friend, and prouder still lost hikers. He has been the team’s in- transmitting, pursuant to law, the report of that he considered me one. I join the cident commander since September of a rule entitled ‘‘Revocation of Multiple Do- many others who will miss him.∑ 2009. mestic, Alaskan, and Hawaiian Compulsory Rick earned a degree in Wildlife Biol- Reporting Points’’ ((RIN2120–AA66) (Docket f No. FAA–2012–0129)) received in the Office of ogy at Kansas State University. He and the President of the Senate on March 18, RECOGNIZING VOLUNTEERS FROM his wife Julie of 21 years have two sons, YARDLEY, PENNSYLVANIA 2012; to the Committee on Commerce, Thomas 18 and Jackson 16. Science, and Transportation. ∑ Mr. CASEY. Mr. President, today, I Rick has passionately protected EC–5790. A communication from the Senior would like to acknowledge the great many of the special places that help de- Program Analyst, Federal Aviation Adminis- work of volunteers in Yardley, PA, es- fine the United States of America. He tration, Department of Transportation, pecially the students at Pennsbury has done this with a strong sense of transmitting, pursuant to law, the report of High School who have been selected as dedication to duty and commitment to a rule entitled ‘‘Modification of Area Naviga- tion Route T–288; WY’’ ((RIN2120–AA66) the 2012 Make a Difference Day win- excellence. His work on the Inter- (Docket No. FAA–2011–1193)) received in the ners. Make a Difference Day is a cele- mountain Incident Management Team Office of the President of the Senate on bration of neighbors helping neighbors, speaks to this. When a disaster befalls March 18, 2012; to the Committee on Com- and this annual day of service mobi- a National Park Service unit in the merce, Science, and Transportation. lizes more than 3 million volunteers to Intermountain Region or elsewhere in EC–5791. A communication from the Senior effect change in their communities. the Nation, the first call from the Re- Program Analyst, Federal Aviation Adminis- This group of outstanding volunteers gional Office is to Rick and his team to tration, Department of Transportation, from Yardley, PA is led by Neha Gupta. transmitting, pursuant to law, the report of respond and help park service employ- a rule entitled ‘‘Amendment of Class E Air- Neha founded Empower Orphans, a ees in peril. It is this dedication to space; Colorado Springs, CO’’ ((RIN2120– non-profit organization that has lever- helping others at a moment’s notice AA66) (Docket No. FAA–2011–1191)) received aged $325,000 in donations and grants to that defines Rick’s work ethic. in the Office of the President of the Senate clothe and feed Indian children, create The focus of Rick’s life work has on March 18, 2012; to the Committee on Com- a sewing center and set up libraries at been the protection of public lands and merce, Science, and Transportation. four schools. Near to her home in the resources contained therein. He has EC–5792. A communication from the Senior Bucks County, PA, Neha, now 15, iden- accomplished this duty with an intense Program Analyst, Federal Aviation Adminis- tration, Department of Transportation, tified children in need. In the months love for the places he worked. It is be- transmitting, pursuant to law, the report of leading up to Make a Difference Day, cause of the service of people like Rick a rule entitled ‘‘Amendment of Class E Air- Neha and a group of volunteers gath- Mossman that visitors, past and space; Jacksonville, NC’’ ((RIN2120–AA66) ered 3,000 books and bought colorful present and future, enjoy the scenic (Docket No. FAA–2011–0556)) received in the furnishings for the neighboring beauty and heritage that make up the Office of the President of the Senate on Feltonville Intermediate School li- National Park Service. March 18, 2012; to the Committee on Com- brary. On Make a Difference Day, the I am proud to recognize and honor merce, Science, and Transportation. Rick’s service to the National Park EC–5793. A communication from the Senior team cleaned up, decorated and Program Analyst, Federal Aviation Adminis- stocked the shelves of the library. Service and am delighted to join with tration, Department of Transportation, Since October’s project, Neha has also his family and friends in congratu- transmitting, pursuant to law, the report of started an Empower Orphans club at lating him on his retirement. I wish a rule entitled ‘‘Amendment of Class E Air- her high school and plans to hold a Rick and Julie all the best as they space; Springfield, TN’’ ((RIN2120–AA66) Make a Difference Day Project every begin a new chapter in their lives.∑ (Docket No. FAA–2011–0591)) received in the Office of the President of the Senate on year. f I wish to congratulate Neha and her March 18, 2012; to the Committee on Com- MEASURES PLACED ON THE team and thank them for their ser- merce, Science, and Transportation. CALENDAR EC–5794. A communication from the Senior vice.∑ Program Analyst, Federal Aviation Adminis- f The following bill was ordered read tration, Department of Transportation, the second time, and placed on the cal- transmitting, pursuant to law, the report of TRIBUTE TO RICK MOSSMAN endar: a rule entitled ‘‘Amendment of Class E Air- ∑ Mr. JOHNSON of South Dakota. Mr. S. 2338. A bill to reauthorize the Violence space; Bellefonte, PA’’ ((RIN2120–AA66) President, today I wish to recognize Against Women Act of 1994. (Docket No. FAA–2011–1337)) received in the and honor the public service of Rick The following bills were read the first Office of the President of the Senate on Lee Mossman, who is retiring from the and second times by unanimous con- March 18, 2012; to the Committee on Com- merce, Science, and Transportation. National Park Service after 35 years of sent, and ordered placed on the cal- EC–5795. A communication from the Ad- dedicated service to protecting our na- endar. ministrator, Transportation Security Ad- tion’s treasures and the people who S. 2343. A bill to amend the Higher Edu- ministration, Department of Homeland Se- visit them. cation Act of 1965 to extend the reduced in- curity, transmitting, proposed legislation to

VerDate Mar 15 2010 04:35 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.033 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2655 authorize the Transportation Security Ad- mitting, pursuant to law, the report of a rule By Mr. REID: ministration to hold itself out as a private entitled ‘‘Mango Promotion, Research, and S. 2343. A bill to amend the Higher Edu- shipper for purposes of testing air cargo se- Information Order; Assessment Increase’’ cation Act of 1965 to extend the reduced in- curity measures, and for other purposes; to (Docket No. AMS–FV–11–0021) received dur- terest rate for Federal Direct Stafford the Committee on Commerce, Science, and ing adjournment of the Senate in the Office Loans, and for other purposes; placed on the Transportation. of the President of the Senate on April 20, calendar. EC–5796. A communication from the Presi- 2012; to the Committee on Agriculture, Nu- By Mr. VITTER: dent of the United States, transmitting, pur- trition, and Forestry. S. 2344. A bill to extend the National Flood suant to law, a report relative to the EC–5804. A communication from the Acting Insurance Program until December 31, 2012; issuance of an Executive Order blocking the Administrator, Agricultural Marketing placed on the calendar. property and suspending the entry into the Service, Department of Agriculture, trans- By Mr. LIEBERMAN (for himself, Ms. United States of certain persons with respect mitting, pursuant to law, the report of a rule COLLINS, and Mr. AKAKA): to grave human rights abuses by the Govern- entitled ‘‘Dried Prunes Produced in Cali- S. 2345. A bill to amend the District of Co- ments of Iran and Syria via information fornia; Decreased Assessment Rate’’ (Docket lumbia Home Rule Act to permit the Govern- technology; to the Committee on Banking, No. AMS–FV–11–0068; FV11–993–1 FIR) re- ment of the District of Columbia to deter- Housing, and Urban Affairs. ceived during adjournment of the Senate in mine the fiscal year period, to make local EC–5797. A communication from the Chief the Office of the President of the Senate on funds of the District of Columbia for a fiscal Counsel, Federal Emergency Management April 20, 2012; to the Committee on Agri- year available for use by the District upon Agency, Department of Homeland Security, culture, Nutrition, and Forestry. enactment of the local budget act for the transmitting, pursuant to law, the report of EC–5805. A communication from the Acting year subject to a period of Congressional re- a rule entitled ‘‘Final Flood Elevation Deter- Administrator, Agricultural Marketing view, and for other purposes; to the Com- minations’’ ((44 CFR Part 67) (Docket No. Service, Department of Agriculture, trans- mittee on Homeland Security and Govern- FEMA–2012–0003)) received during adjourn- mitting, pursuant to law, the report of a rule mental Affairs. ment of the Senate in the Office of the Presi- entitled ‘‘Revision of Cotton Classification f dent of the Senate on April 20, 2012; to the Procedures for Determining Cotton Leaf Committee on Banking, Housing, and Urban Grade’’ (RIN0581–AD19; Docket No. AMS–CN– SUBMISSION OF CONCURRENT AND Affairs. 11–0066) received during adjournment of the SENATE RESOLUTIONS EC–5798. A communication from the Assist- Senate in the Office of the President of the ant Secretary for Export Administration, Senate on April 20, 2012; to the Committee on The following concurrent resolutions Bureau of Industry and Security, Depart- Agriculture, Nutrition, and Forestry. and Senate resolutions were read, and ment of Commerce, transmitting, pursuant EC–5806. A communication from the Acting referred (or acted upon), as indicated: to law, the report of a rule entitled ‘‘Addi- Administrator, Agricultural Marketing tion of Certain Persons to the Entity List; By Mr. MENENDEZ (for himself, Mr. Service, Department of Agriculture, trans- REID, Mr. CRAPO, Mr. DURBIN, Mr. and Implementation of Entity List Annual mitting, pursuant to law, the report of a rule Review Changes’’ (RIN0694–AF57) received CASEY, and Mr. LAUTENBERG): entitled ‘‘Pistachios Grown in California, Ar- S. Res. 432. A resolution designating April during adjournment of the Senate in the Of- izona, and New Mexico; Decreased Assess- fice of the President of the Senate on April 30, 2012, as ‘‘Dia de los Ninos: Celebrating ment Rate’’ (Docket No. AMS–FV–11–0077; Young Americans’’; considered and agreed 20, 2012; to the Committee on Banking, Hous- FV11–983–2 FIR) received during adjourn- ing, and Urban Affairs. to. ment of the Senate in the Office of the Presi- By Ms. COLLINS (for herself and Mr. EC–5799. A communication from the Sec- dent of the Senate on April 20, 2012; to the retary of the Treasury, transmitting, pursu- KERRY): Committee on Agriculture, Nutrition, and S. Res. 433. A resolution designating April ant to law, a six-month periodic report on Forestry. the national emergency with respect to 2012 as ‘‘National Child Abuse Prevention Burma that was declared in Executive Order f Month’’; considered and agreed to. By Mr. WARNER (for himself, Ms. COL- 13047 of May 20, 1997; to the Committee on REPORTS OF COMMITTEES Banking, Housing, and Urban Affairs. LINS, Mr. SANDERS, Ms. STABENOW, EC–5800. A communication from the Acting The following reports of committees Mr. MENENDEZ, Ms. MIKULSKI, Mr. Administrator, Agricultural Marketing were submitted: CASEY, Mrs. GILLIBRAND, and Mr. CONRAD): Service, Department of Agriculture, trans- By Mr. LIEBERMAN, from the Committee mitting, pursuant to law, the report of a rule S. Res. 434. A resolution supporting the on Homeland Security and Governmental Af- goal of preventing and effectively treating entitled ‘‘Marketing Order Regulating the fairs, with amendments: Handling of Spearmint Oil Produced in the Alzheimer’s disease by the year 2025, as ar- S. 237. A bill to amend title 31, United ticulated in the draft National Plan to Ad- Far West; Revision of the Salable Quantity States Code, to enhance the oversight au- and Allotment Percentage for Class 1 dress Alzheimer’s Disease from the Depart- thorities of the Comptroller General, and for ment of Health and Human Services; to the (Scotch) Spearmint Oil for the 2011–2012 Mar- other purposes (Rept. No. 112–159). keting Year’’ (Docket No. AMS–FV–10–0094; Committee on Health, Education, Labor, and FV11–985–1B IR) received during adjourn- f Pensions. ment of the Senate in the Office of the Presi- INTRODUCTION OF BILLS AND f dent of the Senate on April 20, 2012; to the Committee on Agriculture, Nutrition, and JOINT RESOLUTIONS ADDITIONAL COSPONSORS Forestry. The following bills and joint resolu- S. 118 EC–5801. A communication from the Acting tions were introduced, read the first At the request of Mr. VITTER, the Administrator, Agricultural Marketing and second times by unanimous con- Service, Department of Agriculture, trans- name of the Senator from Nevada (Mr. sent, and referred as indicated: mitting, pursuant to law, the report of a rule HELLER) was added as a cosponsor of S. entitled ‘‘Pears Grown in Oregon and Wash- By Mr. LEVIN: 118, a bill to amend title II of the So- ington; Assessment Rate Decrease for Fresh S. 2339. A bill to suspend temporarily the cial Security Act to allow workers who duty on certain clock movements; to the Pears’’ (Docket No. AMS–FV–11–0060; FV11– attain age 65 after 1981 and before 1992 927–2 FIR) received during adjournment of Committee on Finance. the Senate in the Office of the President of By Mr. LEVIN: to choose either lump sum payments the Senate on April 20, 2012; to the Com- S. 2340. A bill to suspend temporarily the over four years totaling $5,000 or an im- mittee on Agriculture, Nutrition, and For- duty on chime melody rod assemblies; to the proved benefit computation formula estry. Committee on Finance. under a new 10-year rule governing the EC–5802. A communication from the Acting By Mr. BENNET (for himself and Mr. transition to the changes in benefit Administrator, Agricultural Marketing UDALL of Colorado): computation rules enacted in the So- Service, Department of Agriculture, trans- S. 2341. A bill to authorize the Secretary of cial Security Amendments of 1977, and Agriculture to accept the quitclaim, dis- mitting, pursuant to law, the report of a rule for other purposes. entitled ‘‘Pears Grown in Oregon and Wash- claimer, and relinquishment of a railroad ington; Assessment Rate Decrease for Proc- right-of-way within and adjacent to Pike Na- S. 296 essed Pears’’ (Docket No. AMS–FV–11–0070; tional Forest in El Paso County, Colorado; At the request of Ms. KLOBUCHAR, the FV11–927–FIR) received during adjournment to the Committee on Energy and Natural Re- name of the Senator from North Da- of the Senate in the Office of the President sources. kota (Mr. CONRAD) was added as a co- of the Senate on April 20, 2012; to the Com- By Mr. TESTER (for himself and Mr. sponsor of S. 296, a bill to amend the JOHANNS): mittee on Agriculture, Nutrition, and For- Federal Food, Drug, and Cosmetic Act estry. S. 2342. A bill to reform the National Asso- EC–5803. A communication from the Acting ciation of Registered Agents and Brokers, to provide the Food and Drug Adminis- Administrator, Agricultural Marketing and for other purposes; to the Committee on tration with improved capacity to pre- Service, Department of Agriculture, trans- Banking, Housing, and Urban Affairs. vent drug shortages.

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S. 687 tucky (Mr. PAUL) were added as co- S. 2205 At the request of Mr. CONRAD, the sponsors of S. 2103, a bill to amend title At the request of Mr. MORAN, the name of the Senator from Indiana (Mr. 18, United States Code, to protect pain- name of the Senator from South Da- LUGAR) was added as a cosponsor of S. capable unborn children in the District kota (Mr. THUNE) was added as a co- 687, a bill to amend the Internal Rev- of Columbia, and for other purposes. sponsor of S. 2205, a bill to prohibit enue Code of 1986 to permanently ex- S. 2121 funding to negotiate a United Nations tend the 15-year recovery period for At the request of Ms. KLOBUCHAR, the Arms Trade Treaty that restricts the qualified leasehold improvement prop- name of the Senator from Tennessee Second Amendment rights of United erty, qualified restaurant property, and (Mr. CORKER) was added as a cosponsor States citizens. qualified retail improvement property. of S. 2121, a bill to modify the Depart- S. 2242 S. 1086 ment of Defense Program Guidance re- At the request of Mr. THUNE, the At the request of Mr. HARKIN, the lating to the award of Post-Deploy- name of the Senator from Alabama names of the Senator from Minnesota ment/Mobilization Respite Absence ad- (Mr. SHELBY) was added as a cosponsor (Mr. FRANKEN) and the Senator from ministrative absence days to members of S. 2242, a bill to amend the Internal Rhode Island (Mr. REED) were added as of the reserve components to exempt Revenue Code of 1986 to repeal the es- cosponsors of S. 1086, a bill to reauthor- any member whose qualified mobiliza- tate and generation-skipping transfer ize the Special Olympics Sport and tion commenced before October 1, 2011, taxes, and for other purposes. Empowerment Act of 2004, to provide and continued on or after that date, S. 2255 from the changes to the program guid- assistance to Best Buddies to support At the request of Mr. BURR, the name the expansion and development of men- ance that took effect on that date. of the Senator from Louisiana (Mr. toring programs, and for other pur- S. 2122 VITTER) was added as a cosponsor of S. poses. At the request of Mr. PAUL, the name 2255, a bill to amend chapter 1 of title S. 1576 of the Senator from Georgia (Mr. 36, United States Code, to add Welcome At the request of Ms. LANDRIEU, the CHAMBLISS) was added as a cosponsor of Home Vietnam Veterans Day as a pa- name of the Senator from New Jersey S. 2122, a bill to clarify the definition triotic and National observance. of navigable waters, and for other pur- (Mr. MENENDEZ) was added as a cospon- S. 2280 sor of S. 1576, a bill to measure the poses. At the request of Mr. DURBIN, the progress of relief, recovery, reconstruc- S. 2134 name of the Senator from Minnesota tion, and development efforts in Haiti At the request of Mr. BLUMENTHAL, (Mr. FRANKEN) was added as a cospon- following the earthquake of January the name of the Senator from Rhode Is- sor of S. 2280, a bill to amend the Truth 12, 2010, and for other purposes. land (Mr. WHITEHOUSE) was added as a in Lending Act and the Higher Edu- S. 1622 cosponsor of S. 2134, a bill to amend cation Act of 1965 to require certain At the request of Mr. HELLER, the title 10, United States Code, to provide creditors to obtain certifications from name of the Senator from Oklahoma for certain requirements relating to institutions of higher education, and (Mr. INHOFE) was added as a cosponsor the retirement, adoption, care, and rec- for other purposes. ognition of military working dogs, and of S. 1622, a bill to recognize Jerusalem S. 2282 as the capital of Israel, to relocate to for other purposes. At the request of Mr. INHOFE, the Jerusalem the United States Embassy S. 2143 names of the Senator from Mississippi in Israel, and for other purposes. At the request of Ms. STABENOW, the (Mr. WICKER), the Senator from Mis- S. 1935 name of the Senator from Arkansas souri (Mr. BLUNT), the Senator from At the request of Ms. COLLINS, the (Mr. PRYOR) was added as a cosponsor Montana (Mr. TESTER), the Senator name of the Senator from Georgia (Mr. of S. 2143, a bill to amend the Internal from Maryland (Mr. CARDIN) and the ISAKSON) was added as a cosponsor of S. Revenue Code of 1986 to clarify that Senator from Montana (Mr. BAUCUS) 1935, a bill to require the Secretary of paper which is commonly recycled does were added as cosponsors of S. 2282, a the Treasury to mint coins in recogni- not constitute a qualified energy re- bill to extend the authorization of ap- tion and celebration of the 75th anni- source under the section 45 credit for propriations to carry out approved wet- versary of the establishment of the renewable electricity production. lands conservation projects under the March of Dimes Foundation. S. 2148 North American Wetlands Conserva- At the request of Mr. ENZI, his name At the request of Mr. INHOFE, the tion Act through fiscal year 2017. was added as a cosponsor of S. 1935, name of the Senator from South Da- S. RES. 412 supra. kota (Mr. THUNE) was added as a co- At the request of Ms. LANDRIEU, the At the request of Mrs. HAGAN, the sponsor of S. 2148, a bill to amend the names of the Senator from Hawaii (Mr. name of the Senator from Nebraska Toxic Substance Control Act relating AKAKA), the Senator from California (Mr. NELSON) was added as a cosponsor to lead-based paint renovation and re- (Mrs. FEINSTEIN), the Senator from of S. 1935, supra. modeling activities. New Jersey (Mr. MENENDEZ) and the S. 2004 S. 2165 Senator from Rhode Island (Mr. WHITE- At the request of Mr. UDALL of New At the request of Mrs. BOXER, the HOUSE) were added as cosponsors of S. Mexico, the name of the Senator from names of the Senator from Ohio (Mr. Res. 412, a resolution commending the Indiana (Mr. LUGAR) was added as a co- PORTMAN), the Senator from Kansas African Union for committing to a co- sponsor of S. 2004, a bill to grant the (Mr. ROBERTS), the Senator from Con- ordinated military response, comprised Congressional Gold Medal to the troops necticut (Mr. LIEBERMAN) and the Sen- of 5,000 troops from Uganda, the Cen- who defended Bataan during World War ator from Louisiana (Mr. VITTER) were tral African Republic, the Democratic II. added as cosponsors of S. 2165, a bill to Republic of Congo, and South Sudan, in S. 2096 enhance strategic cooperation between order to fortify ongoing efforts to ar- At the request of Mr. WYDEN, the the United States and Israel, and for rest Joseph Kony and senior com- name of the Senator from Washington other purposes. manders of the Lord’s Resistance Army (Mrs. MURRAY) was added as a cospon- S. 2172 and to stop the crimes against human- sor of S. 2096, a bill to provide for Fed- At the request of Ms. SNOWE, the ity and mass atrocities committed by eral agencies to develop public access name of the Senator from Pennsyl- them.

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AMENDMENT NO. 2032 AMENDMENT NO. 2072 sional service business if substantially all of At the request of Mr. BAUCUS, his At the request of Ms. LANDRIEU, the the activities of such S corporation are per- name was added as a cosponsor of name of the Senator from New Hamp- formed in connection with such partnership, amendment No. 2032 intended to be pro- and shire (Mrs. SHAHEEN) was added as a co- ‘‘(ii) any other S corporation which is en- posed to S. 1789, a bill to improve, sus- sponsor of amendment No. 2072 in- gaged in a professional service business if 75 tain, and transform the United States tended to be proposed to S. 1789, a bill percent or more of the gross income of such Postal Service. to improve, sustain, and transform the business is attributable to service of 3 or AMENDMENT NO. 2036 United States Postal Service. fewer shareholders of such corporation. ‘‘(D) APPLICABLE SHAREHOLDER.—For pur- At the request of Mr. PRYOR, the f name of the Senator from Louisiana poses of this paragraph, the term ‘applicable shareholder’ means any shareholder whose (Ms. LANDRIEU) was added as a cospon- STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS modified adjusted gross income for the tax- sor of amendment No. 2036 intended to able year exceeds— be proposed to S. 1789, a bill to im- By Mr. REID: ‘‘(i) in the case of a shareholder making a prove, sustain, and transform the S. 2343. A bill to amend the Higher joint return under section 6013 or a surviving United States Postal Service. Education act of 1965 to extend the re- spouse (as defined in section 2(a)), $250,000, AMENDMENT NO. 2042 duced interest rate for Federal Direct ‘‘(ii) in the case of a married shareholder (as defined in section 7703) filing a separate At the request of Mr. CASEY, the Stafford Loans, and for other purposes; return, half of the dollar amount determined name of the Senator from New Jersey placed on the calendar. under clause (i), and (Mr. MENENDEZ) was added as a cospon- Mr. REID. Mr. President, I ask unan- ‘‘(iii) in any other case, $200,000. sor of amendment No. 2042 intended to imous consent that the text of the bill ‘‘(2) PARTNERS.— be proposed to S. 1789, a bill to im- be printed in the RECORD. ‘‘(A) IN GENERAL.—In the case of any part- prove, sustain, and transform the There being no objection, the text of nership which is engaged in a professional United States Postal Service. the bill was ordered to be printed in service business, subsection (a)(13) shall not apply to any applicable partner who provides AMENDMENT NO. 2043 the RECORD as follows: substantial services with respect to such pro- At the request of Mr. UDALL of New S. 2343 fessional service business. Mexico, the name of the Senator from Be it enacted by the Senate and House of Rep- ‘‘(B) APPLICABLE PARTNER.—For purposes New Jersey (Mr. MENENDEZ) was added resentatives of the United States of America in of this paragraph, the term ‘applicable part- as a cosponsor of amendment No. 2043 Congress assembled, ner’ means any partner whose modified ad- proposed to S. 1789, a bill to improve, SECTION 1. SHORT TITLE. justed gross income for the taxable year ex- sustain, and transform the United This Act may be cited as the ‘‘Stop the ceeds— States Postal Service. Student Loan Interest Rate Hike Act of ‘‘(i) in the case of a partner making a joint 2012’’. return under section 6013 or a surviving AMENDMENT NO. 2047 spouse (as defined in section 2(a)), $250,000, SEC. 2. INTEREST RATE EXTENSION. At the request of Mr. BENNET, the ‘‘(ii) in the case of a married partner (as name of the Senator from Ohio (Mr. Section 455(b)(7)(D) of the Higher Edu- defined in section 7703) filing a separate re- cation Act of 1965 (20 U.S.C. 1087e(b)(7)(D)) is turn, half of the dollar amount determined PORTMAN) was added as a cosponsor of amended— amendment No. 2047 proposed to S. under clause (i), and (1) in the matter preceding clause (i), by ‘‘(iii) in any other case, $200,000. 1789, a bill to improve, sustain, and striking ‘‘and before July 1, 2012,’’ and in- transform the United States Postal ‘‘(3) PROFESSIONAL SERVICE BUSINESS.—For serting ‘‘and before July 1, 2013,’’; and purposes of this subsection, the term ‘profes- Service. (2) in clause (v), by striking ‘‘and before sional service business’ means any trade or AMENDMENT NO. 2050 July 1, 2012,’’ and inserting ‘‘and before July business (or portion thereof) providing serv- At the request of Mr. SCHUMER, the 1, 2013,’’. ices in the fields of health, law, lobbying, en- names of the Senator from New Jersey SEC. 3. EMPLOYMENT TAX TREATMENT OF PRO- gineering, architecture, accounting, actu- FESSIONAL SERVICE BUSINESSES. (Mr. MENENDEZ) and the Senator from arial science, performing arts, consulting, (a) IN GENERAL.—Section 1402 of the Inter- athletics, investment advice or management, New York (Mrs. GILLIBRAND) were nal Revenue Code of 1986 is amended by add- added as cosponsors of amendment No. or brokerage services. ing at the end the following new subsection: ‘‘(4) MODIFIED ADJUSTED GROSS INCOME.— 2050 intended to be proposed to S. 1789, ‘‘(m) SPECIAL RULES FOR PROFESSIONAL For purposes of this subsection, the term a bill to improve, sustain, and trans- SERVICE BUSINESSES.— ‘modified adjusted gross income’ means ad- form the United States Postal Service. ‘‘(1) SHAREHOLDERS PROVIDING SERVICES TO justed gross income— AMENDMENT NO. 2056 SPECIFIED S CORPORATIONS.— ‘‘(A) determined without regard to any de- ‘‘(A) IN GENERAL.—In the case of an appli- At the request of Mr. TESTER, the duction allowed under section 164(f), and cable shareholder who provides substantial names of the Senator from New Jersey ‘‘(B) increased by the amount excluded services with respect to a professional serv- from gross income under section 911(a)(1). (Mr. MENENDEZ) and the Senator from ice business referred to in subparagraph (C) ‘‘(5) REGULATIONS.—The Secretary shall Louisiana (Ms. LANDRIEU) were added of a specified S corporation— prescribe such regulations as may be nec- as cosponsors of amendment No. 2056 ‘‘(i) such shareholder shall be treated as essary or appropriate to carry out the pur- proposed to S. 1789, a bill to improve, engaged in the trade or business of such pro- poses of this subsection, including regula- sustain, and transform the United fessional service business with respect to tions which prevent the avoidance of the States Postal Service. items of income or loss described in section purposes of this subsection through tiered 1366 which are attributable to such business, At the request of Mr. BAUCUS, his entities or otherwise. and name was added as a cosponsor of ‘‘(6) CROSS REFERENCE.—For employment ‘‘(ii) such shareholder’s net earnings from tax treatment of wages paid to shareholders amendment No. 2056 proposed to S. self-employment shall include such share- 1789, supra. of S corporations, see subtitle C.’’. holder’s pro rata share of such items of in- (b) CONFORMING AMENDMENT.—Section 211 AMENDMENT NO. 2060 come or loss, except that in computing such of the Social Security Act is amended by At the request of Mr. COBURN, the pro rata share of such items the exceptions adding at the end the following new sub- name of the Senator from Wyoming provided in subsection (a) shall apply. section: (Mr. ENZI) was added as a cosponsor of ‘‘(B) TREATMENT OF FAMILY MEMBERS.—Ex- ‘‘(l) SPECIAL RULES FOR PROFESSIONAL amendment No. 2060 proposed to S. cept as otherwise provided by the Secretary, SERVICE BUSINESSES.— the applicable shareholder’s pro rata share of ‘‘(1) SHAREHOLDERS PROVIDING SERVICES TO 1789, a bill to improve, sustain, and items referred to in subparagraph (A) shall SPECIFIED S CORPORATIONS.— transform the United States Postal be increased by the pro rata share of such ‘‘(A) IN GENERAL.—In the case of an appli- Service. items of each member of such applicable cable shareholder who provides substantial AMENDMENT NO. 2071 shareholder’s family (within the meaning of services with respect to a professional serv- At the request of Mr. WARNER, the section 318(a)(1)) who does not provide sub- ice business referred to in subparagraph (C) name of the Senator from Vermont stantial services with respect to such profes- of a specified S corporation— sional service business. ‘‘(i) such shareholder shall be treated as (Mr. LEAHY) was added as a cosponsor ‘‘(C) SPECIFIED S CORPORATION.—For pur- engaged in the trade or business of such pro- of amendment No. 2071 intended to be poses of this subsection, the term ‘specified fessional service business with respect to proposed to S. 1789, a bill to improve, S corporation’ means— items of income or loss described in section sustain, and transform the United ‘‘(i) any S corporation which is a partner 1366 of the Internal Revenue Code of 1986 States Postal Service. in a partnership which is engaged in a profes- which are attributable to such business, and

VerDate Mar 15 2010 04:35 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.043 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2658 CONGRESSIONAL RECORD — SENATE April 24, 2012 ‘‘(ii) such shareholder’s net earnings from ‘‘(B) increased by the amount excluded declare April 30, 2012, to be ‘‘Dı´a de los self-employment shall include such share- from gross income under section 911(a)(1) of Nin˜ os: Celebrating Young Americans’’, a day holder’s pro rata share of such items of in- such Code.’’. to bring together Hispanics and other com- come or loss, except that in computing such (c) EFFECTIVE DATE.—The amendments munities nationwide to celebrate and uplift pro rata share of such items the exceptions made by this section shall apply to taxable children; and provided in subsection (a) shall apply. years beginning after December 31, 2012. Whereas the children of a nation are the ‘‘(B) TREATMENT OF FAMILY MEMBERS.—Ex- SEC. 4. COMPLIANCE PROVISION. responsibility of all of its people, and people cept as otherwise provided by the Secretary The budgetary effects of this Act, for the should be encouraged to celebrate the gifts of the Treasury, the applicable shareholder’s purpose of complying with the Statutory of children to society: Now, therefore, be it pro rata share of items referred to in sub- Pay-As-You-Go-Act of 2010, shall be deter- Resolved, That the Senate— paragraph (A) shall be increased by the pro mined by reference to the latest statement (1) designates April 30, 2012, as ‘‘Dı´a de los rata share of such items of each member of titled ‘‘Budgetary Effects of PAYGO Legisla- Nin˜ os: Celebrating Young Americans’’; and such applicable shareholder’s family (within tion’’ for this Act, submitted for printing in (2) calls on the people of the United States the meaning of section 318(a)(1) of the Inter- the Congressional Record by the Chairman of to join with all children, families, organiza- nal Revenue Code of 1986) who does not pro- the Senate Budget Committee, provided that tions, communities, churches, cities, and vide substantial services with respect to such statement has been submitted prior to States across the Nation to observe the day such professional service business. the vote on passage. with appropriate ceremonies, including ac- tivities that— ‘‘(C) SPECIFIED S CORPORATION.—For pur- f poses of this subsection, the term ‘specified (A) center around children, and are free or S corporation’ means— SUBMITTED RESOLUTIONS minimal in cost so as to encourage and fa- ‘‘(i) any S corporation (as defined in sec- cilitate the participation of all people; tion 1361(a) of the Internal Revenue Code of (B) are positive and uplifting, and help 1986) which is a partner in a partnership SENATE RESOLUTION 432—DESIG- children express their hopes and dreams; which is engaged in a professional service NATING APRIL 30, 2012, AS ‘‘DIA (C) provide opportunities for children of all business if substantially all of the activities DE LOS NINOS: CELEBRATING backgrounds to learn about one another’s cultures and to share ideas; of such S corporation are performed in con- YOUNG AMERICANS’’ nection with such partnership, and (D) include all members of the family, es- ‘‘(ii) any other S corporation (as so de- Mr. MENENDEZ (for himself, Mr. pecially extended and elderly family mem- fined) which is engaged in a professional REID of Nevada, Mr. CRAPO, Mr. DUR- bers, so as to promote greater communica- service business if 75 percent or more of the BIN, Mr. CASEY, and Mr. LAUTENBERG) tion among the generations within a family, enabling children to appreciate and benefit gross income of such business is attributable submitted the following resolution; from the experiences and wisdom of their el- to service of 3 or fewer shareholders of such which was considered and agreed to: derly family members; corporation. S. RES. 432 (E) provide opportunities for families with- ‘‘(D) APPLICABLE SHAREHOLDER.—For pur- in a community to get acquainted; and poses of this paragraph, the term ‘applicable Whereas many nations throughout the (F) provide children with the support they shareholder’ means any shareholder whose world, and especially within the Western ´ ˜ need to develop skills and confidence, and to modified adjusted gross income for the tax- hemisphere, celebrate ‘‘Dıa de los Ninos’’, or find the inner strength and the will and fire able year exceeds— ‘‘Day of the Children’’, on the 30th of April, of the human spirit to make their dreams ‘‘(i) in the case of a shareholder making a in recognition and celebration of their coun- come true. joint return under section 6013 of the Inter- try’s future—their children; nal Revenue Code of 1986 or a surviving Whereas children represent the hopes and dreams of the people of the United States spouse (as defined in section 2(a) of such f and children are the center of families in the Code), $250,000, United States; ‘‘(ii) in the case of a married shareholder Whereas the people of the United States SENATE RESOLUTION 433—DESIG- (as defined in section 7703 of such Code) fil- should nurture and invest in children to pre- NATING APRIL 2012 AS ‘‘NA- ing a separate return, half of the dollar serve and enhance economic prosperity, de- TIONAL CHILD ABUSE PREVEN- amount determined under clause (i), and mocracy, and the American spirit; ‘‘(iii) in any other case, $200,000. TION MONTH’’ Whereas according to the 2010 Census re- ‘‘(2) PARTNERS.— port, there are more than 50,000,000 individ- Ms. COLLINS (for herself and Mr. ‘‘(A) IN GENERAL.—In the case of any part- uals of Hispanic descent living in the United KERRY) submitted the following resolu- nership which is engaged in a professional States, more than 17,000,000 of those are chil- tion; which was considered and agreed service business, subsection (a)(12) shall not dren; to: apply to any applicable partner who provides Whereas Hispanics in the United States, S. RES. 433 substantial services with respect to such pro- the youngest and fastest growing ethnic fessional service business. community in the Nation, continue the tra- Whereas in 2010, approximately 695,000 chil- ‘‘(B) APPLICABLE PARTNER.—For purposes dition of honoring their children on Dı´a de dren were determined to be victims of abuse of this paragraph, the term ‘applicable part- los Nin˜ os, and wish to share this custom or neglect; ner’ means any partner whose modified ad- with the rest of the Nation; Whereas in 2010, more than 1,530 children justed gross income for the taxable year ex- Whereas the primary teachers of family died as a result of abuse or neglect; ceeds— values, morality, and culture are parents and Whereas in 2010, an estimated 79.4 percent ‘‘(i) in the case of a partner making a joint family members, and we rely on children to of the children who died due to abuse or ne- return under section 6013 of the Internal Rev- pass on family values, morals, and culture to glect were under the age of 4; enue Code of 1986 or a surviving spouse (as future generations; Whereas in 2010, of the children under the defined in section 2(a) of such Code), $250,000, Whereas the importance of literacy and age of 4 who died due to abuse or neglect, 47.7 ‘‘(ii) in the case of a married partner (as education are most often communicated to percent were under the age of 1; defined in section 7703 of such Code) filing a children through family members; Whereas abused or neglected children have separate return, half of the dollar amount Whereas families should be encouraged to a higher risk for developing health problems determined under clause (i), and engage in family and community activities in adulthood, including alcoholism, depres- ‘‘(iii) in any other case, $200,000. that include extended and elderly family sion, drug abuse, eating disorders, obesity, ‘‘(3) PROFESSIONAL SERVICE BUSINESS.—For members, and that encourage children to ex- suicide, and certain chronic diseases; purposes of this subsection, the term ‘profes- plore and develop confidence; Whereas a National Institute of Justice sional service business’ means any trade or Whereas the designation of a day to honor study indicated that abused or neglected business (or portion thereof) providing serv- the children of the United States will help children— ices in the fields of health, law, lobbying, en- affirm for the people of the United States the (1) are 11 times more likely to be arrested gineering, architecture, accounting, actu- significance of family, education, and com- for criminal behavior as juveniles; and arial science, performing arts, consulting, munity; (2) are 2.7 times more likely to be arrested athletics, investment advice or management, Whereas the designation of a day of special for violent and criminal behavior as adults; or brokerage services. recognition for the children of the United Whereas an estimated one-third of abused ‘‘(4) MODIFIED ADJUSTED GROSS INCOME.— States will provide an opportunity for chil- or neglected children grow up to abuse or ne- For purposes of this subsection, the term dren to reflect on their future, to articulate glect their own children; ‘modified adjusted gross income’ means ad- their aspirations, and to find comfort and se- Whereas providing community-based serv- justed gross income as determined under sec- curity in the support of their family mem- ices to families impacted by child abuse or tion 62 of the Internal Revenue Code of 1986— bers and communities; neglect may be far less costly than— ‘‘(A) determined without regard to any de- Whereas the National Latino Children’s In- (1) the emotional and physical damage in- duction allowed under section 164(f) of such stitute, serving as a voice for children, has flicted on children who have been abused or Code, and worked with cities throughout the Nation to neglected;

VerDate Mar 15 2010 04:52 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.048 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE April 24, 2012 CONGRESSIONAL RECORD — SENATE S2659 (2) providing other services to abused or have Alzheimer’s disease or are at risk for committee hearing entitled ‘‘The Col- neglected children, including child protec- developing the disease; lapse of MF Global: Lessons Learned tive, law enforcement, court, foster care, or Whereas an emphasis on early diagnosis, and Policy Implications.’’ health care services; or workforce training, education, and support The PRESIDING OFFICER. Without (3) providing treatment to adults recov- for patients and the families of patients, as ering from child abuse; and well as other programs and initiatives spear- objection, it is so ordered. Whereas child abuse and neglect have long- headed by State and local governments, ad- COMMITTEE ON COMMERCE, SCIENCE, AND term economic and societal costs: Now, vocacy organizations, doctors, hospitals, and TRANSPORTATION therefore, be it long-term care facilities, are already making Mr. HARKIN. Mr. President, I ask Resolved, That the Senate— a difference in reducing the burden of Alz- unanimous consent that the Com- (1) designates April 2012 as ‘‘National Child heimer’s disease for patients, families, and mittee on Commerce, Science, and Abuse Prevention Month’’; communities; Transportation be authorized to meet (2) recognizes and applauds the national Whereas the National Alzheimer’s Project and community organizations that work to during the session of the Senate on Act (Public Law 111–375; 124 Stat. 4100), Tuesday, April 24, 2012, at 10 a.m. in promote awareness about child abuse and ne- which Congress passed unanimously on De- glect, including by identifying risk factors cember 15, 2010 and President Barack Obama room 253 of the Russell Senate Office and developing prevention strategies; signed into law on January 4, 2011, required Building. (3) supports the proclamation issued by the Secretary of Health and Human Services The Committee will hold a hearing President Obama declaring April 2012 to be to create the first National Plan to Address entitled, ‘‘The Emergence of Online ‘‘National Child Abuse Prevention Month’’; Alzheimer’s Disease, and established the Ad- Video: Is It the Future?’’ and visory Council on Alzheimer’s Research, The PRESIDING OFFICER. Without (4) should increase public awareness of pre- Care, and Services to assist the Secretary of objection, it is so ordered. vention programs relating to child abuse and Health and Human Services in this task; COMMITTEE ON FINANCE neglect, and continue to work with States to Whereas, shortly after the National Alz- reduce the incidence of child abuse and ne- heimer’s Project Act was enacted, the De- Mr. HARKIN. Mr. President, I ask glect in the United States. partment of Health and Human Services cre- unanimous consent that the Com- f ated the Interagency Group on Alzheimer’s mittee on Finance be authorized to Disease and Related Dementias to inform the meet during the session of the Senate SENATE RESOLUTION 434—SUP- National Plan to Address Alzheimer’s Dis- on April 24, 2012, at 10 a.m., in room 215 PORTING THE GOAL OF PRE- ease; of the Dirksen Senate Office Building, VENTING AND EFFECTIVELY Whereas, in formulating the draft National to conduct a hearing entitled ‘‘Anat- TREATING ALZHEIMER’S DIS- Plan to Address Alzheimer’s Disease, the De- omy of a Fraud Bust: From Investiga- EASE BY THE YEAR 2025, AS AR- partment of Health and Human Services, the Interagency Group on Alzheimer’s Disease tion to Conviction.’’ TICULATED IN THE DRAFT NA- The PRESIDING OFFICER. Without TIONAL PLAN TO ADDRESS ALZ- and Related Dementias, and the Advisory Council on Alzheimer’s Research, Care, and objection, it is so ordered. HEIMER’S DISEASE FROM THE Services focused on 3 main topics, long-term AFRICAN AFFAIRS SUBCOMMITTEE DEPARTMENT OF HEALTH AND services and support, clinical care, and re- Mr. HARKIN. Mr. President, I ask HUMAN SERVICES search; and unanimous consent that the Com- Mr. WARNER (for himself, Ms. COL- Whereas the draft National Plan to Ad- mittee on Foreign Relations be author- LINS, Mr. SANDERS, Ms. STABENOW, Mr. dress Alzheimer’s Disease includes— ized to meet during the session of the (1) the bold and transformative goal of pre- MENENDEZ, Ms. MIKULSKI, Mr. CASEY, venting and treating Alzheimer’s disease by Senate on April 24, 2012, at 10 a.m., to Mrs. GILLIBRAND, and Mr. CONRAD) sub- the year 2025; and hold an African Affairs subcommittee mitted the following resolution; which (2) specific performance metrics to opti- hearing entitled, ‘‘U.S. Policy to was referred to the Committee on mize the quality and efficiency of care, ex- Counter the Lord’s Resistance Army.’’ Health, Education, Labor, and Pen- pand support for patients and families, en- The PRESIDING OFFICER. Without sions: hance public awareness and engagement, objection, it is so ordered. track progress, and drive improvement: Now, S. RES. 434 SUBCOMMITTEE ON IMMIGRATION, REFUGEES, therefore, be it AND BORDER SECURITY Whereas Alzheimer’s disease is the sixth Resolved by the Senate That the Senate— leading cause of death in the United States; (1) supports the groundbreaking national Mr. HARKIN. Mr. President, I ask Whereas Alzheimer’s disease is the only goal of preventing and treating Alzheimer’s unanimous consent that the Com- disease among the 10 leading causes of death disease by the year 2025 and the other goals mittee on the Judiciary, Sub- in the United States that lacks a means of of the draft National Plan to Address Alz- committee on Immigration, Refugees, prevention or a cure, and the progression of heimer’s Disease; and Border Security, be authorized to which cannot be slowed; (2) finds that basic science, medical re- meet during the session of the Senate Whereas more than 5,000,000 people in the search, and therapy development, through United States suffer from Alzheimer’s dis- on April 24, 2012, at 10 a.m., in room enhanced research programs and expanded SD–G50 of the Dirksen Senate Office ease; public-private partnerships, are necessary Whereas, in 2011, 15,200,000 family members for— Building, to conduct a hearing entitled and friends provided 17,400,000,000 hours of (A) reaching the goal of preventing and ‘‘Examining the Constitutionality and unpaid care valued at $210,500,000,000 to pa- treating Alzheimer’s disease by the year Prudence of State and Local Govern- tients with Alzheimer’s disease and other de- 2025; and ments Enforcing Immigration Law.’’ mentias; (B) identifying a definitive cure for Alz- The PRESIDING OFFICER. Without Whereas, by the year 2050, as many as heimer’s disease; objection, it is so ordered. 15,000,000 people in the United States will (3) calls for further public awareness and have Alzheimer’s disease if scientists do not SUBCOMMITTEE ON WATER AND WILDLIFE understanding of Alzheimer’s disease; Mr. HARKIN. Mr. President, I ask make progress in the prevention or treat- (4) supports increased assistance for people ment of the disease; with Alzheimer’s disease and the caregivers unanimous consent that the Sub- Whereas the Federal Government spent an and families of those people; and committee on Water and Wildlife of the estimated $140,000,000,000 under the Medicare (5) encourages early diagnosis and access Committee on Environment and Public and Medicaid programs to care for patients to high-quality care for people with Alz- Works be authorized to meet during with Alzheimer’s disease in 2011; heimer’s disease. Whereas spending relating to the treat- the session of the Senate on April 24, ment of Alzheimer’s disease under the Medi- f 2012, at 10:15 a.m. in room SD–406 of the care and Medicaid programs is projected to AUTHORITY FOR COMMITTEES TO Dirksen Senate Office Building. The PRESIDING OFFICER. Without be more than $850,000,000,000 per year, in 2012 MEET dollars, by the year 2050; objection, it is so ordered. Whereas scientists working to find a cure COMMITTEE ON BANKING, HOUSING, AND URBAN f for Alzheimer’s disease have already identi- AFFAIRS fied— Mr. HARKIN. Mr. President, I ask PRIVILEGE OF THE FLOOR (1) more than 100 genes linked to Alz- unanimous consent that the Com- Mr. HARKIN. Mr. President, I ask heimer’s disease; (2) biomarkers to identify the people who mittee on Banking, Housing, and unanimous consent that Paul Edenfield are at risk for Alzheimer’s disease; and Urban Affairs be authorized to meet a member of my staff, be granted floor (3) other promising leads in gene, protein, during the session of the Senate on privileges for the duration of today’s and drug therapies to benefit people who April 24, 2012, at 10 a.m. to conduct a session.

VerDate Mar 15 2010 04:52 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A24AP6.046 S24APPT1 PWALKER on DSK7TPTVN1PROD with SENATE S2660 CONGRESSIONAL RECORD — SENATE April 24, 2012 The ACTING PRESIDENT pro tem- curity in the support of their family mem- Whereas abused or neglected children have pore. Without objection, it is so or- bers and communities; a higher risk for developing health problems dered. Whereas the National Latino Children’s In- in adulthood, including alcoholism, depres- stitute, serving as a voice for children, has sion, drug abuse, eating disorders, obesity, f worked with cities throughout the Nation to suicide, and certain chronic diseases; DIA DE LOS NINOS: CELEBRATING declare April 30, 2012, to be ‘‘Dı´a de los Whereas a National Institute of Justice YOUNG AMERICANS Nin˜ os: Celebrating Young Americans’’, a day study indicated that abused or neglected to bring together Hispanics and other com- children— Mr. REID. Mr. President, I ask unan- munities nationwide to celebrate and uplift (1) are 11 times more likely to be arrested imous consent that the Senate proceed children; and for criminal behavior as juveniles; and to the immediate consideration of S. Whereas the children of a nation are the (2) are 2.7 times more likely to be arrested Res. 432. responsibility of all of its people, and people for violent and criminal behavior as adults; The PRESIDING OFFICER. The should be encouraged to celebrate the gifts Whereas an estimated one-third of abused clerk will report the resolution by of children to society: Now, therefore, be it or neglected children grow up to abuse or ne- Resolved, That the Senate— title. glect their own children; (1) designates April 30, 2012, as ‘‘Dı´a de los Whereas providing community-based serv- The legislative clerk read as follows: Nin˜ os: Celebrating Young Americans’’; and ices to families impacted by child abuse or A resolution (S. Res. 432) designating April (2) calls on the people of the United States neglect may be far less costly than— 30, 2012, as ‘‘Dia de los Ninos: Celebrating to join with all children, families, organiza- (1) the emotional and physical damage in- Young Americans.’’ tions, communities, churches, cities, and flicted on children who have been abused or There being no objection, the Senate States across the Nation to observe the day neglected; proceeded to consider the resolution. with appropriate ceremonies, including ac- (2) providing other services to abused or Mr. REID. I ask unanimous consent tivities that— neglected children, including child protec- that the resolution be agreed to, the (A) center around children, and are free or tive, law enforcement, court, foster care, or minimal in cost so as to encourage and fa- health care services; or preamble be agreed to, the motions to cilitate the participation of all people; (3) providing treatment to adults recov- reconsider be laid upon the table, with (B) are positive and uplifting, and help ering from child abuse; and no intervening action or debate, and children express their hopes and dreams; Whereas child abuse and neglect have long- any statements related to the resolu- (C) provide opportunities for children of all term economic and societal costs: Now, tion be printed in the RECORD. backgrounds to learn about one another’s therefore, be it The PRESIDING OFFICER. Without cultures and to share ideas; Resolved, That the Senate— objection, it is so ordered. (D) include all members of the family, es- (1) designates April 2012 as ‘‘National Child The resolution (S. Res. 432) was pecially extended and elderly family mem- Abuse Prevention Month’’; agreed to. bers, so as to promote greater communica- (2) recognizes and applauds the national tion among the generations within a family, and community organizations that work to The preamble was agreed to. enabling children to appreciate and benefit promote awareness about child abuse and ne- The resolution, with its preamble, from the experiences and wisdom of their el- glect, including by identifying risk factors reads as follows: derly family members; and developing prevention strategies; S. RES. 432 (E) provide opportunities for families with- (3) supports the proclamation issued by Whereas many nations throughout the in a community to get acquainted; and President Obama declaring April 2012 to be world, and especially within the Western (F) provide children with the support they ‘‘National Child Abuse Prevention Month’’; hemisphere, celebrate ‘‘Dı´a de los Nin˜ os’’, or need to develop skills and confidence, and to and ‘‘Day of the Children’’, on the 30th of April, find the inner strength and the will and fire (4) should increase public awareness of pre- in recognition and celebration of their coun- of the human spirit to make their dreams vention programs relating to child abuse and try’s future—their children; come true. neglect, and continue to work with States to Whereas children represent the hopes and f reduce the incidence of child abuse and ne- dreams of the people of the United States glect in the United States. and children are the center of families in the NATIONAL CHILD ABUSE United States; PREVENTION MONTH f Whereas the people of the United States Mr. REID. I ask unanimous consent APPOINTMENT should nurture and invest in children to pre- that we now proceed to S. Res. 433. serve and enhance economic prosperity, de- The PRESIDING OFFICER. The The PRESIDING OFFICER. The mocracy, and the American spirit; clerk will report the resolution by Chair, on behalf of the Vice President, Whereas according to the 2010 Census re- pursuant to Section 5 of Title I of Divi- port, there are more than 50,000,000 individ- title. uals of Hispanic descent living in the United The legislative clerk read as follows: sion H of Public Law 110–161, appoints States, more than 17,000,000 of those are chil- A resolution (S. Res. 433) designating April the following Senator as Vice Chair- dren; 2012 as ‘‘National Child Abuse Prevention man of the U.S.-Japan Interparliamen- Whereas Hispanics in the United States, Month.’’ tary Group conference for the 112th the youngest and fastest growing ethnic There being no objection, the Senate Congress: The Honorable LISA MUR- community in the Nation, continue the tra- proceeded to consider the resolution. KOWSKI of Alaska. dition of honoring their children on Dı´a de Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I suggest ˜ los Ninos, and wish to share this custom imous consent that the resolution be the absence of a quorum. with the rest of the Nation; Whereas the primary teachers of family agreed to, the preamble be agreed to, The PRESIDING OFFICER. The values, morality, and culture are parents and and the motions to reconsider be laid clerk will call the roll. family members, and we rely on children to upon the table. The legislative clerk proceeded to pass on family values, morals, and culture to The PRESIDING OFFICER. Without call the roll. future generations; objection, it is so ordered. Mr. REID. Mr. President, I ask unan- Whereas the importance of literacy and The resolution (S. Res. 433) was imous consent that the order for the education are most often communicated to agreed to. quorum call be rescinded. children through family members; The preamble was agreed to. The PRESIDING OFFICER. Without Whereas families should be encouraged to The resolution, with its preamble, engage in family and community activities objection, it is so ordered. that include extended and elderly family reads as follows: f members, and that encourage children to ex- S. RES. 433 plore and develop confidence; Whereas in 2010, approximately 695,000 chil- Whereas the designation of a day to honor dren were determined to be victims of abuse MEASURES PLACED ON THE CAL- the children of the United States will help or neglect; ENDAR S. 2343, S. 2334 AND S. 2338 affirm for the people of the United States the Whereas in 2010, more than 1,530 children Mr. REID. Mr. President, I ask unan- significance of family, education, and com- died as a result of abuse or neglect; imous consent that S. 2343 and S. 2334, munity; Whereas in 2010, an estimated 79.4 percent both of which were introduced earlier Whereas the designation of a day of special of the children who died due to abuse or ne- recognition for the children of the United glect were under the age of 4; today, and S. 2338 be considered as hav- States will provide an opportunity for chil- Whereas in 2010, of the children under the ing been read twice and placed on the dren to reflect on their future, to articulate age of 4 who died due to abuse or neglect, 47.7 calendar under the provisions of rule their aspirations, and to find comfort and se- percent were under the age of 1; XIV.

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SPORTSMEN’S HERITAGE ACT OF feasible, while also allowing for closures in a functions allows the opportunity to be as 2012 timely manner if it is in the best interest of close to a democratic government as possible public safety or environmental protection. I with such a large population. Many question SPEECH OF what the importance is in being involved in look forward to working with our Senate col- the political process. Being an active partici- HON. MIKE THOMPSON leagues to make sure these concerns are ad- pant in politics is necessary to protect the dressed as H.R. 4089 moves forward. interests of this diverse nation and is a dem- OF CALIFORNIA f onstration of respect for our country. IN THE HOUSE OF REPRESENTATIVES America is composed of people from all Tuesday, April 17, 2012 COASTAL KIDS PRESCHOOL backgrounds; including ethnicity, economic level, religious, and moral. Each person The House in Committee of the Whole forms their opinions based on their previous House on the state of the Union had under HON. CHELLIE PINGREE experiences. This diversity and privilege to consideration the bill (H.R. 4089) to protect OF MAINE form our own opinions is a core value of our and enhance opportunities for recreational IN THE HOUSE OF REPRESENTATIVES nation. If people were to choose not to ex- hunting, fishing and shooting: press their opinions, whether it be through Tuesday, April 24, 2012 Mr. THOMPSON of California. Madam voting or various other means, then policies Chair, I rise today to express my support for Ms. PINGREE of Maine. Mr. Speaker, I would not be as diverse. The government the Sportsmen’s Heritage Act, H.R. 4089. This want to recognize an incredible community ef- would start to represent the minority of the fort in Maine at the Coastal Kids Preschool in population, and would be run by the people bill would improve access to public lands for for which that minority voted. our hunters, fishers, and recreationists. By Damariscotta. The United States was built upon the be- passing H.R. 4089, we will ensure that public The program at Coastal Kids began in 1995, lief that people should have certain freedoms lands will continue to be used and enjoyed by and has since become a community staple, that cannot be taken away. Many individ- sportsmen across the country. welcoming any child regardless of income or uals and groups have worked vigorously to While many of us support H.R. 4089, I do special needs. mold our country into the desirable place it Their hard work and dedication to quality is today, and to extend those rights to more have reservations about some of the bill’s de- of the American population. In addition, tails. Specifically, titles I and II of this bill re- and equitable education has given them a place of honor within the community. Which is they have worked to influence the extension quire new procedures for approved closures of of those rights to foreign countries. Ameri- public lands. Federal land management agen- why when they had to expand in order to bet- cans have sacrificed their lives to give us the cies currently have a process in place for clo- ter meet the needs of the community, stake- life of freedom we enjoy today. Participation sures that includes public notice, review, and holders from all over the mid-coast came to- in politics has shaped policies that, in turn, approval at the local, state, or federal level de- gether. have improved the lives of fellow Americans. pending on the individual situation. I believe On April 23, 2012, the Coastal Kids Pre- This participation can take many forms ranging from something as simple as making these decisions are best made by local land school will formally unveil their new facility. With the help of many businesses and USDA an issue known to coordinating with other managers who are uniquely familiar with the people to directly influence elected rep- lands, the people, and the potential hazards. I Rural Development, an opportunity for a head resentatives. am concerned that adding additional closure start in life has been afforded to more chil- Although some people may believe that approval steps by people removed from the dren. I applaud this effort and wish the teach- they cannot make a difference by voting or local areas will delay, or even discourage, clo- ers, students, and parents all the best in their raising awareness on an issue, the proof that new home. they can lies in the stories of the one’s who sures that are based on sound science, and did. Political Participation is vital to the for the safety of the people and protection of f policymaking process because the voices of the environment. HONORING KAYLA COX the American people matter, and they are I also believe that hunting, fishing, and the key to maintaining this country’s stand- recreation are often compatible with the goals ards that have been set by those before us. of public lands, including wilderness designa- HON. PETE OLSON f tion. However, there are some activities that OF TEXAS OBSERVING WORKERS MEMORIAL are not. Oil and gas development, mining, log- IN THE HOUSE OF REPRESENTATIVES DAY ging, and motorized vehicle use outside of Tuesday, April 24, 2012 designated areas counter the goals of current Mr. OLSON. Mr. Speaker, I am privileged to wilderness management. In addition, these ac- HON. PETER J. VISCLOSKY interact with some of the brightest students in tivities also run counter to the intent of H.R. OF INDIANA the 22nd Congressional District who serve on 4089 by further restricting sportsmen’s access. IN THE HOUSE OF REPRESENTATIVES my Congressional Youth Advisory Council. I These restrictions on activities in Wilderness Tuesday, April 24, 2012 have gained much by listening to the high Areas should be explicitly stated in the bill and school students who are the future of this Mr. VISCLOSKY. Mr. Speaker, it is with im- should not leave any room for misinterpreta- great Nation. They provide important insight mense respect that I rise today in remem- tion. into the concerns of our younger constituents brance of the many men and women who Finally, I am discouraged to see the incor- and hopefully get a better sense of the impor- have lost their lives in the workplace and to poration of an amendment to H.R. 4089 that tance of being an active participant in the po- honor those who have fought tirelessly to im- would undermine the ability of the President to litical process. Many of the students have writ- prove conditions for workers throughout the designate National Monuments under the An- ten short essays on a variety of topics and I United States. On April 28, 2012, the Amer- tiquities Act. This is a process that has pro- am pleased to share these with my House col- ican Federation of Labor and Congress of In- tected some of our most precious national leagues. dustrial Organizations (AFL–CIO) and union treasures and cultural heritage sites. I agree Kayla Cox is a senior at Clear Springs High members nationwide will once again gather in that local support should be weighed heavily School in Galveston County, Texas. Her essay various locations in observance of Workers when considering National Monument des- topic is: In your opinion, why is it important to Memorial Day. The great men and women of ignations, but additional legislative road blocks be involved in the political process? America’s unions will pause to pay tribute to are unnecessary. the many workers whose lives have been lost, The definition of democracy is a govern- I commend my colleagues in the House for ment by the people with the component of and the millions who have become ill, due to supporting sportsmen’s access to public lands, majority rules. The United States of Amer- accidents and unsafe conditions in the work- and I hope to see their enjoyment continue in ica has an altered version of democracy place. They will also reinforce their commit- a safe and environmentally responsible man- known as a representative democracy. The ment to improving conditions for future gen- ner. We need to keep public lands open when model according to which our government erations to come.

∑ 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 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.001 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS E622 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2012 In the United States today, an average of and the expansion of water services became ple the justice they deserve. In doing so, we twelve men and women per day go to work effective instruments allowing local industries affirm the dignity of humankind everywhere. and never make it home to their families, hav- to grow and expand. Mr. Dahlberg’s top pri- It has been said that ‘‘all it takes for evil to ing lost their lives due to an accident in the ority had always been increasing economic triumph, is for good men to do nothing.’’ This workplace. Unfortunately, many of these acci- development and job creation in Grantsburg. is one of the reasons I am proud to have dents could have been prevented. Under out- These accomplishments made by Mr. joined with so many of my colleagues in co- standing leaders such as AFL–CIO President Dahlberg in Grantsburg illustrate an ideal rela- sponsoring the resolution affirming the occur- Richard Trumka, Indiana AFL–CIO President tionship between the public and private sector. rence of the Armenian genocide throughout Nancy Guyott, and Northwest Indiana Federa- He has shown that government can work with my career in Congress. I will continue to do tion of Labor President Dan Murchek, AFL– business to create the environment necessary for as long as it takes. CIO union members have continued the flight for sustained economic growth and develop- In recognizing the Armenian Genocide we of their predecessors to ensure that the lives ment, even during difficult economic times. do not seek to persecute any person or state; lost were not in vain. I commend and thank Mr. Dahlberg for all of we seek to build a path that will lead to rec- Since the passage of the landmark Occupa- the years he has served the public, and I ask onciliation between Armenians and Turks. And tional Safety and Health Act (OSHA), the my colleagues to join me in extending best in doing so, we will remain true to our nation’s unions of the AFL–CIO have been instru- wishes to him on the occasion of his retire- highest aspirations for justice and peace. It mental in a movement toward the Act’s goal ment. was President Lincoln who called upon the that all American workers would have the right f ‘‘better angels of our nature’’ when he said in to a safe workplace. The AFL–CIO and its his Second Inaugural Address that all Ameri- unions are to be commended for their con- COMMEMORATING THE ARMENIAN cans should ‘‘do all which may achieve and tributions to the passage of OSHA and many GENOCIDE cherish a just and lasting peace among our- of the subsequent laws and regulations involv- selves and with all nations.’’ ing workplace safety. It is because of the or- HON. LAURA RICHARDSON Mr. Speaker, the Armenian Genocide has ganization and demands of labor unions that OF CALIFORNIA been officially recognized by 42 states. These employers and the government have acted to IN THE HOUSE OF REPRESENTATIVES States have gone on public record rejecting any claim or assertion that denies the occur- improve the quality of life of the American Tuesday, April 24, 2012 workforce. rence of one of history’s worst crimes against In Northwest Indiana, the steel industry has Ms. RICHARDSON. Mr. Speaker, I rise humanity. I believe it is time for us to join played a vital role in supporting our local com- today to pay tribute to the victims and sur- these nations in that endeavor by passing H. munities and stimulating the economy. On vivors of one of the darkest chapters in human Res. 304, the ‘‘Affirmation of the United States April 26, 2012, in accordance with Workers history, the Armenian Genocide. Today, April Record on the Armenian Genocide Resolu- Memorial Day, United Steelworkers members 24, marks the 97th commemoration of the first tion.’’ will pay a special tribute to their fallen com- genocide of the 20th Century where Ottoman Mr. Speaker, I ask for a moment of silence rades whose lives have been cut short in the Turkish authorities ordered the systematic an- in memory of the millions of silenced voices workplace. These fine men and women will nihilation of more than 1.5 million Armenians. and interrupted lives of those Armenians who forever be remembered by their devoted col- The Armenian Genocide was carried out from perished between 1915 and 1923 in the geno- leagues and a grateful community. 1915 to 1923 through massacres, deporta- cide committed by the Ottoman Empire. Mr. Speaker, I ask that you and my distin- tions, and death marches where hundreds of LIST OF 53 NOBEL LAUREATES URGING THE guished colleagues join me in observance of thousands were herded into the Syrian Desert TURKISH GOVERNMENT TO ACKNOWLEDGE ARMENIAN GENOCIDE Workers Memorial Day, and in remembering to die of thirst and starvation. Sadly, to this Peter Agre, Nobel Prize, Chemistry (2003); the many workers who have lost their lives on day this chapter of history has yet to be admit- ted by the Government of Turkey. Sidney Altman, Nobel Prize, Chemistry the job, while honoring the hardworking, loyal (1989); Philip W. Anderson, Nobel Prize, men and women of America’s unions who Many international observers, including then Physics (1977); Kenneth J. Arrow, Nobel have taken up the struggle to improve safety Ambassador and later U.S. Treasury Sec- Prize, Economics (1972); Richard Axel, Nobel conditions in the workplace. The great men retary Henry Morgenthau, witnessed the night- Prize, Medicine (2004); Baruj Benacerraf, and women of our unions are the finest rep- mare firsthand and reported detailed accounts Nobel Prize, Medicine (1980); Gunter Blobel, resentation of America’s workforce, and I am of the atrocities to their governments. Re- Nobel Prize, Medicine (1999); Georges proud to represent the many dedicated men spected organizations and eminent scholars Charpak, Nobel Prize, Physics (1992); Steven Chu, Nobel Prize, Physics (1997); J.M. and women of labor unions throughout North- and historians agree and recognize the Arme- nian Genocide, including the Elie Wiese´l Coetzee, Nobel Prize, Literature (2003); west Indiana. Their unwavering commitment to Claude Cohen-Tannoudji, Nobel Prize, Phys- their fellow workers is to be admired. Foundation for Humanity and the renowned ics (1997); Mairead Corrigan Maguire, Nobel International Association of Genocide Schol- f Prize, Peace (1976); Robert F. Curl, Jr., Nobel ars. Their judgments are supported by 53 Prize, Chemistry (1996); Paul J. Crutzen, CONGRATULATING MARK DAHL- Nobel laureates who signed an open letter to Nobel Prize, Chemistry (1995). BERG FROM THE VILLAGE OF the Government of Turkey on April 9, 2007. I Frederik W. de Klerk, Nobel Prize, Peace GRANTSBURG ON HIS RETIRE- ask unanimous consent to include in the (1993); Johann Deisenhofer, Nobel Prize, MENT AFTER 43 YEARS OF PUB- RECORD a listing of those Nobel laureates. Chemistry (1998); John B. Fenn, Nobel Prize, LIC SERVICE Mr. Speaker, the historical record is clear Chemistry (2002); Val Fitch, Nobel Prize, Physics (1980); Jerome I. Friedman, Nobel and the Armenian Genocide is a tragic fact. It Prize, Physics (1990); Donald A. Glaser, Nobel HON. SEAN P. DUFFY must be acknowledged and remembered so Prize, Physics (1960); Sheldon Glashow, Nobel OF WISCONSIN that it will never be repeated. Prize, Physics (1979); Roy J. Glauber, Nobel IN THE HOUSE OF REPRESENTATIVES As a member of the Congressional Caucus Prize, Physics (2005); Clive W.J. Granger, on Armenian Issues, I know that the refusal of Nobel Prize, Economics (2003); Paul Tuesday, April 24, 2012 modern-day Turkey to acknowledge one of the Greengard, Nobel Prize, Medicine (2000); Mr. DUFFY. Mr. Speaker, I rise today to worst examples of man’s inhumanity in the David J. Gross, Nobel Prize, Physics (2004); recognize the honorable contributions made 20th Century haunts survivors of the Armenian Roger Guillemin, Nobel Prize, Medicine (1977); Dudley R. Herschbach, Nobel Prize, by Mr. Mark Dahlberg, a retired Trustee for Genocide, as well as their families. As a Mem- Chemistry (1986). the Village of Grantsburg, Wisconsin. ber of Congress from California, which is Avram Hershko, Nobel Prize, Chemistry Mr. Dahlberg has served the public at the home to more Armenian-Americans than any (2004); Roald Hoffman, Nobel Prize, Chem- local government level for a total of 43 other state, I believe this is not only an affront istry (1981); Daniel Kahneman, Nobel Prize, years—as Village President (1995–2009), and to the memory of the victims and to their de- Economics (2002); Eric R. Kandel, Nobel twice as a Trustee (1969–1995, 2009–2012). scendants, but it does a disservice to the Prize, Medicine (2000); Aaron Klug, Nobel During his time in office, the small north- United States as it seeks to stand up for the Prize, Chemistry (1982); Edwin G. Krebs, Nobel Prize, Medicine (1992); Sir Harold W. western Wisconsin Village of Grantsburg has victims of violence today. Kroto, Nobel Prize, Chemistry (1996); Finn E. seen unprecedented economic growth. Today, The issue of recognizing the Armenian Kydland, Nobel Prize, Economics (2004); Leon this town is considered to be the main manu- genocide and helping the Armenian people is M. Lederman, Nobel Prize, Physics (1988); facturing hub in Burnett County. With Mr. neither a partisan nor geopolitical issue. Rath- Anthony J. Leggett, Nobel Prize, Physics Dahlberg’s facilitation, tax increment financing er, it is a question of giving the Armenian peo- (2003); Rudolph A. Marcus, Nobel Prize,

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K24AP8.001 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E623 Chemistry (1992); Daniel L. McFadden, Nobel and recognition could prevent such a tragedy tion and Supervision from Nova Southeastern Prize, Economics (2000); Craig C. Mello, from being repeated, silence allows the per- University while holding a job as a teacher. Nobel Prize, Medicine (2006). petrators of genocide to assume their actions With her graduate degree, Mrs. Stewart went Robert C. Merton, Nobel Prize, Economics (1997); Marshall W. Nirenberg, Nobel Prize, will meet neither obstacle nor objection. Thus, on to become a principal. She served dutifully Medicine (1968); Sir Paul Nurse, Nobel Prize, the ongoing efforts of the Turkish leadership to in this role at three different Broward County Medicine (2001); Douglas D. Osheroff, Nobel silence discussion of the Armenian genocide elementary schools. Mrs. Stewart continued to Prize, Physics (1996); Martin L. Perl, Nobel inflict yet another cruelty. serve as a mentor for other teachers and Prize, Physics (1995); John C. Polanyi, Nobel We owe it to the victims of the Armenian maintained a presence in her former students’ Prize, Chemistry (1986); Stanley Prusiner, genocide, the survivors and their descendants lives even after her retirement. Her thirty Nobel Prize, Medicine (1997); Jose´ Ramos- to resist such censorship. That is why I am an three-year career as a teacher and principal Horta, Nobel Prize, Peace (1996); Richard J. original cosponsor of H. Res. 304, a resolution touched the lives of innumerable children and Roberts, Nobel Prize, Medicine (1993); Wole Soyinka, Nobel Prize, Literature (1986); Elie to reaffirm the United States historical record colleagues in South Florida. Wiesel, Nobel Prize, Peace (1986); Betty Wil- on the Armenian genocide and our own gov- Aside from her family, career, and sorority, liams, Nobel Prize, Peace (1976); Kurt ernment’s bold role protesting the atrocities as Mrs. Stewart was also devoted to her faith. Wu¨ thrich, Nobel Prize, Chemistry (2002). they unfolded. She was a member of First Baptist Church f Genocide is not a unique feature of the 20th Piney Grove for 69 years, having joined in century, a momentary aberration of human 1943. There, she served as the Director of the TRIBUTE TO MS. MARCI morality. Genocides have continued to occur Red Circle of the Society of Missions. Even MCCARTHY in the 21st century, and today, we are re- with her numerous activities, Mrs. Stewart still minded of our moral obligation to speak out found time for fun. She enjoyed golfing and re- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. and take action to stop such atrocities and the ceived the Palmview Women’s Golfing award OF GEORGIA immense repercussions of our choices. in 1979. IN THE HOUSE OF REPRESENTATIVES Today, we will not be silent. Mr. Speaker, it is my distinct honor to pay Tuesday, April 24, 2012 f tribute to Mrs. Janie Bell Wilson Stewart whose commitment to education, her students, Mr. JOHNSON of Georgia. Mr. Speaker, HONORING THE LIFE OF JANIE family, and the community will be truly missed. Whereas, the public safety of our citizens is BELL WILSON STEWART My thoughts and prayers are with Mrs. Stew- the foremost priority of our government; and art’s family during this most difficult time. Whereas, Ms. Marci McCarthy has given HON. ALCEE L. HASTINGS and continues to give exceptionable and dis- OF FLORIDA f tinguished service by providing guidance, pro- IN THE HOUSE OF REPRESENTATIVES tection and leadership in protecting our public Tuesday, April 24, 2012 IN RECOGNITION OF LINDA S. and private sectors in cyberspace; and LANGE FOR HER OUTSTANDING Whereas, Ms. McCarthy gives of herself to Mr. HASTINGS of Florida. Mr Speaker, I CIVILIAN SERVICE AWARD NOMI- insure that our Nation can foster greater pro- rise today to remember the life of Mrs. Janie NATION fessionalism in the Information Security Indus- Bell Wilson Stewart, who passed away re- try; and cently at the age of 76. As an educator, loving Whereas, the issue of cybercrimes is of his- mother and wife, and faithful member of her HON. STEVE AUSTRIA torical importance, and the work of Ms. church, Mrs. Stewart was an exemplary mem- OF OHIO ber of her community. I would like to take this McCarthy enhances the efforts of our home- IN THE HOUSE OF REPRESENTATIVES land security and local law enforcement agen- time to express my deepest condolences to cies; and everyone who knew Mrs. Stewart, especially Tuesday, April 24, 2012 her family and friends. Whereas, Ms. McCarthy gives of herself Mr. AUSTRIA. Mr. Speaker, I rise today in Mrs. Stewart was born on April 15, 1935 in daily without any need for praise and fame, honor of Linda S. Lange. I am honored to rec- Wayneshoro, Georgia. Six years later, she while serving valiantly and making us proud; ognize Ms. Lange for her Outstanding Civilian moved to Fort Lauderdale, Florida, attending and Career Service Award nomination. Ms. Lange Walker Elementary School of Broward County Whereas, the U.S. Representative of the was nominated for her service as a civil serv- Public Schools. A vivacious student, Mrs. Fourth District of Georgia has set aside this ice employee with the United States Air Force, Stewart was the first to receive a scholarship day to honor and recognize Ms. Marci McCar- Business Operations Division, 711th Human from the Zheta Rho Omega Chapter of Alpha thy for her leadership and service to our Dis- Performance Wing, Air Force Research Lab- Kappa Alpha Sorority, Inc. This scholarship trict and the Nation; oratory (AFRL), Air Force Materiel Command paved the way for her to attend Florida Memo- Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- (AFMC), Wright-Patterson AFB, Ohio, from 15 rial University, then called Florida Normal Col- SON, JR., do hereby proclaim March 13, 2012 December 1975 to 30 April 2012. as Ms. Marci McCarthy Day in the 4th Con- lege, where she graduated in 1958 with a de- During her 37 years of federal service, Ms. gressional District of Georgia. gree in Education and later became a teacher. Lange displayed superior performance with Proclaimed, this 13th day of March, 2012. While in college, Mrs. Stewart gave back to her loyalty and commitment to the mission at f her community through her work with the Zeta Rho Omega chapter of Alpha Kappa Alpha hand. During her tenure in the AFRL, Ms. COMMEMORATING THE ARMENIAN Sorority, Inc., and continued her alliance with Lange was given high visibility jobs such as GENOCIDE her sorority well after she graduated, becom- leading Inspector General Unit Compliant In- ing a golden soror for her service of over 50 spections, directing all logistical and protocol years to the organization. This dedication to functions for the Scientific Advisory Board re- HON. HENRY A. WAXMAN views, and coordinating and managing all ac- OF CALIFORNIA her sorority and alma mater earned her the tivities for the $293M BRAC MILCON ribbon IN THE HOUSE OF REPRESENTATIVES Fountain of Excellence Award from Florida Memorial College (University) decades after cutting. Her involvement in this level of activi- Tuesday, April 24, 2012 she graduated. ties demonstrates the confidence her leader- Mr. WAXMAN. Mr. Speaker, today, we gath- It was also during college that Janie met her ship had in her ability to perform independ- er to remember the genocide against the Ar- future husband, Milton Stewart, to whom she ently and to meet all expectations. menian people. Although the generation that was married for 48 years. Together, they Ms. Lange’s expertise and experience are experienced these atrocities has passed, their raised a son and one of their nieces, whom truly noteworthy and will be greatly missed. suffering has been prolonged by the continued they treated as their own daughter. As a Her outstanding performance culminates a efforts to silence their cries and deny that a teacher, Mrs. Stewart helped countless chil- long and distinguished career that reflects her genocide occurred. dren. Her devotion for both her students and commitment and service to our community When words can help bring comfort to those career was evident in her long workdays, rec- and nation. who suffer, silence isolates and inflicts pain. ognitions for her exceptional teaching, and Thus, with great pride, I recognize Linda S. When time marches forward and history be- friendships with other educators. Lange for her long-term commitment to the comes more distant, silence erodes the mem- Always passionate about knowledge, Mrs. United States Air Force and I would like to ex- ory of those who were lost. When affirmation Stewart received her Master’s in Administra- tend best wishes for the future.

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A24AP8.005 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS E624 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2012 MARKING TWENTY YEARS SINCE helped to document the atrocities, shape pol- leadership have allowed her to develop a vol- THE START OF THE BOSNIAN icy responses, and assist in post-conflict re- unteer support network that helps spearhead CONFLICT covery. I have also visited the country on nu- community initiatives. merous occasions. I can assure the people of Thanks to the community contributions of HON. CHRISTOPHER H. SMITH Bosnia that I and my colleagues on the Hel- outstanding citizens like Jean Ronning, Ash- OF NEW JERSEY sinki Commission will continue to work for land is rightfully known by many as ‘‘Lake Su- IN THE HOUSE OF REPRESENTATIVES their human rights and the democratic, pros- perior’s hometown’’. I ask that my colleagues perous future they deserve. join me today to express our appreciation for Tuesday, April 24, 2012 f Jean’s community leadership and congratula- Mr. SMITH of New Jersey. Mr. Speaker, this tions for receiving Ashland Area Chamber of month marks 20 years since the start of the CROSS WALK COMMUNITY Commerce’s 2012 Person of the Year award. OUTREACH FOOD PANTRY tragic conflict in Bosnia-Herzegovina. In re- f membrance, 11,541 red chairs lined the main street of Sarajevo during the first week of HON. CHELLIE PINGREE IN RECOGNITION OF DR. AMELITO ENRIQUEZ April, one for every man, woman and child OF MAINE killed in the beautiful Bosnian capital of Sara- IN THE HOUSE OF REPRESENTATIVES jevo when it was a city under siege by militant HON. JACKIE SPEIER Tuesday, April 24, 2012 Serb forces in the surrounding suburbs and OF CALIFORNIA hillsides. Ms. PINGREE of Maine. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES Like the memorial in Srebrenica commemo- want to recognize an incredible effort in Tuesday, April 24, 2012 rating the genocide three years later in which Maine, the Cross Walk Community Outreach 8,000 people, mostly men and boys, were Food Pantry in Naples. Ms. SPEIER. Mr. Speaker, I rise to honor slaughtered by forces under the same overall In a time of such need the Cross Walk Dr. Amelito Enriquez who has received the command, the chairs were a sober reminder Community Outreach Food Pantry has been Presidential Award for Excellence in Science, of how horrific and senseless the violence in tireless in its efforts to help its neighbors in Mathematics and Engineering Mentoring. Dr. Bosnia truly was. They are also a reminder of Western Cumberland County. Twice a month Enriquez, a Professor of Engineering and the international community’s complicity in they gather to help residents in the towns of Mathematics at Can˜ada College in Redwood these crimes by its own inaction, when it had Naples, Sebago, Casco, Bridgton and Har- City, California, is one of nine individuals to re- the means to intervene and save lives. rison with free meals and food boxes. They do ceive this prestigious award and he will serve The result of the delayed response to ag- this not with a large budget, but with a very as a resource for federal efforts to develop the gression against Bosnia plagues the people of dedicated set of volunteers. national Science, Technology, Engineering, that country today. The realities of the conflict, Maine is a state that has struggled with food and Mathematics (STEM) education and re- including the ethnic cleansing, were accommo- insecurity and the Cross Walk Community search sector. dated by compromises in the Dayton Agree- Outreach Food Pantry is making a small step During his 17 years at Can˜ada College, Dr. ment needed to restore peace. While nec- in eradicating hunger in Maine. Neighborhood Enriquez—or Dr. E as his students like to call essary then, today these compromises have efforts like this demonstrate Maine’s unbreak- him—has demonstrated his commitment to in- allowed political leaders like Milorad Dodik in able community bond in our fight against hun- creased participation and success of minorities the entity of Republika Srpska to block at will ger in Maine today. and women in science, mathematics and engi- progress on reforms needed for the county’s f neering. stability, prosperity and integration. While I He has secured over $10 million in federal welcome positive developments which have CONGRATULATING JEAN RONNING and state grants to develop programs such as taken place in Bosnia in recent months, above OF ASHLAND, WISCONSIN, ON COMETS, Creating Opportunities for Minori- all the formation of a new government, it re- BEING NAMED THE 2012 PERSON ties in Engineering, Technology and Science. mains disappointing that movement forward is OF THE YEAR BY THE ASHLAND COMETS allows students from two-year col- so painfully slow. The people of Bosnia, re- AREA CHAMBER OF COMMERCE leges in San Mateo County to intern at the gardless of their ethnicity, certainly deserve NASA Ames Research Center for a year and better. HON. SEAN P. DUFFY prepares them to be competitive once they Today those responsible for war crimes, OF WISCONSIN transfer to a four-year college. crimes against humanity and genocide con- IN THE HOUSE OF REPRESENTATIVES The Summer Engineering Institute is a two- tinue to be prosecuted at the International week program at San Francisco State Univer- Tuesday, April 24, 2012 Criminal Tribunal for the former Yugoslavia, lo- sity for high school students interested in engi- cated in The Hague, or in the war crimes Mr. DUFFY. Mr. Speaker, I rise today to neering and for community college students courts of the countries concerned. This effort recognize the community accomplishments of already studying engineering who hope to is important and warrants international support Jean Ronning of Ashland, Wisconsin, who has transfer to a four-year college to finish their until the last crime is prosecuted. been named the 2012 Person of the Year, by degrees. The Bridge to Engineering for Vet- Justice alone, however, cannot bring closure the Ashland Area Chamber of Commerce. erans program helps veterans to transition to Bosnia’s war victims. That is why I intro- Jean and her husband, Eugene, have owned from military to engineering careers. duced a few weeks ago H.R. 4344, which and operated the Neighborly Bar for over 28 The students of Dr. Enriquez adore him be- among other actions supports the work of the years. cause he is making a difference in their lives. International Commission for Missing Persons Mrs. Jean Ronning is well known throughout They wrote the letters of support that led to in locating and identifying persons missing as Ashland as an active member in the commu- his nomination for the presidential honor. Dr. E a result of conflicts and supporting the inves- nity and served in many different roles includ- understands the importance of encouragement tigation of genocide and mass atrocities. It is ing: President of the Ashland Softball League, and mentorship. He grew up in the Philippines also why I now repeat my call made last year and the Ashland Volleyball League; coordi- with what he calls a ‘‘me-too complex.’’ As the for a permanent memorial to be established at nator for events in Ashland such as the King youngest son, he wanted to be whatever his the site of the Omarska concentration camp in of the Bay Snowmobile Drag Races, the older siblings or cousins wanted to be, but northeastern Bosnia, so that the survivors of Green Bay Packer Parade, the Ice Fishing they told him he couldn’t. He recalls thinking the crimes associated with the ethnic cleans- Contest; and hostess for benefits at the New that the more people were saying that he ing of that region of the country may also have Day Shelter, the BRICK Food Shelf, the Ash- couldn’t do something, the more he wanted to a place to remember those lost. Such memo- land Snowmobile Club, and the Relay For Life do it. rials also serve as bulwarks against forces Cancer Fundraiser. Additionally, Jean is the Dr. Enriquez wanted to be a priest, a bas- which try to excuse, minimize and even deny recipient of the 2010 New Day Shelter’s Pas- ketball player, but eventually found his calling the crimes that took place. sageways to Peace Award. when he studied Engineering at the University As Chairman or Co-Chairman of the Hel- Overall, Jean is well known for her honor- of the Philippines, Diliman, Quezon City. He sinki Commission for most of the 20 years able service to aid those in need by genuinely earned his B.S. in Geodetic Engineering in since the Bosnian conflict erupted, I have providing emotional and financial support with- 1984. After a six-month stint with a large com- chaired dozens of hearings and introduced nu- in the Ashland Community. Her savvy busi- pany, he started his own business with merous pieces of legislation which have ness skills, outgoing personality, and sense for friends, taught at his alma mater and then

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.010 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E625 moved to the United States. He received his that the decisions we take are astute and cans and Pacific Islanders to the United M.S. in Geodetic Science from Ohio State Uni- will not result in culpable consequences for States. As an original co-sponsor, I reaffirm versity, Columbus in 1989 and his Ph.D. in the majority. Thus, a government’s ideal my commitment to address the concerns and role can best be described as an equitable Mechanical Engineering from the University of overseer of men. needs of the Asian American and Pacific Is- California, Irvine in 1994. As an overseer, a government should re- lander community. While looking for teaching positions, Dr. main open-minded to its citizens’ desires and The 37th Congressional District of Cali- Enriquez discovered the community college rights. Many governments follow a precept, fornia, which I am honored to represent, is system which, he says, appealed to him be- in hopes of maintaining consistency in laws home to one of the largest Asian constitu- and regulations within their nation. This cause the larger universities wanted profes- encies in the nation, including large commu- sors to focus on research while he wanted to precept also limits a government’s suscepti- bility to popular demands that are irra- nities of Filipinos, Samoans and Cambodians. focus on teaching. He started teaching at In fact, my district is home to the largest Cam- Can˜ada College in 1994 and almost imme- tional. For example, in America, our govern- ment acts on the precept of securing freedom bodian population in the United States and the diately started securing grants. In his view, and civil liberties to its citizens, as estab- second largest Cambodian population in the bringing in money is just another way to help lished by the United States Constitution. world outside Cambodia. I am proud to be a students succeed. Yet, even though the government of America member of the Congressional Asian Pacific Dr. Enriquez is the chair elect of the Amer- vigilantly manages citizens’ affairs through American Caucus and represent my constitu- ican Society of Engineering Education, Pacific laws, the American government doesn’t ag- grandize its power over Americans through ents’ interests. The month of May was chosen Southwest Section; the vice chair of the Amer- to celebrate Asian Pacific American Heritage ican Society of Engineering Education, Two- cruel tactics. However, in many communist countries, the government enjoins its citi- for two significant reasons. On May 7, 1843, Year College Division; and a member of both zens to do exactly as they command and as the first Japanese immigrants arrived in the the California Engineering Liaison Council and a result, many citizens of such nations lack United States, and on May 10, 1860, the first the California Mathematics Council Community the natural rights they deserve. Therefore, transcontinental railroad was completed. The Colleges. even though the role of a government is to transcontinental railroad transformed our na- He has received numerous best paper serve as an overseer to its people through tion and could not have been completed with- laws and rules, it is highly important for a awards from the American Society of Engi- out the inclusion of Chinese immigrants. neering Education, the Hewlett-Packard Excel- government to not be straitlaced in its gov- lence in Technology for Teaching Award and erning style. A government should instead Despite the challenges and adversity that regulate the masses to make sure that chaos the League of California Community Colleges Asian Pacific Americans have experienced, doesn’t erupt, while still granting citizens many have forged ahead and made significant Out-Of-The-Box Thinkers Award, among oth- their natural liberties. contributions to this great nation. History was ers. Governments’ main concern should be pro- When Dr. E is not mentoring students and viding a safe environment for citizens while made with the election of President Obama, inventing programs, he enjoys music, weight assuring that citizens’ freedoms are pro- the first president to have such significant per- lifting, hiking, and reading. tected and mandated appropriately; thus, sonal ties to the Asian Pacific community. He and his spouse David Childers live in freedoms given to one will not counter the President Obama spent his childhood in Ha- San Francisco. civil rights of another. Even though it is up waii and Indonesia. Also, one of President to government to oversee the protection of Obama’s first guests to the Oval Office was Mr. Speaker, I ask this body to rise with me the masses, citizens primarily have a higher the prime minister of Japan, Taro Aso. to honor Dr. Amelito Enriquez, an exceptional influence in governing their own actions. As teacher, mentor, and engineer who has a result, citizens should act to control their This year, the U.S. Census Bureau has re- opened the hearts and minds of thousands of behavior in society, instead of receiving con- leased data revealing that the Asian popu- students to the world of science, math, and demnation by government in order to enable lation now represents 6 percent of the total engineering. them to live virtuously. In other words, citi- American population. This community has zens do not need a ‘‘big brother’’ government grown faster than any other racial group in the f to certify that they do not abuse drugs or al- cohol. Rather, the axiomatic truth stands United States at four times the national aver- HONORING IRENE COFIE that citizens of any government are entitled age. Asian Americans are making significant to behave maturely and govern themselves contributions to the economy and own over HON. PETE OLSON as individuals. 1.5 million businesses, employing 3 million It is common for citizens to complain that people. The buying power of Asian American OF TEXAS the role of government is too big and exten- communities has also grown dramatically, in- IN THE HOUSE OF REPRESENTATIVES sive. Ultimately though, the fault of this creasing by 89 percent between 2000 and Tuesday, April 24, 2012 conflict belongs to citizens because it is the 2009 from $269 billion to $509 billion. responsibility of all citizens to take care of themselves through moral reasoning and This month, however, also causes us to re- Mr. OLSON. Mr. Speaker, I am privileged to laudable ethics; we as citizens, should be flect on some challenges that remain for Asian interact with some of the brightest students in caretakers of our own distinct lives. In turn, Pacific Americans. For instance, immigration the 22nd Congressional District who serve on the government can maintain an efficacious and language policies continue to dispropor- my Congressional Youth Advisory Council. I nationhood, through enforcement of logical tionately affect Asian Americans since they precepts as an overseer of the masses, not have gained much by listening to the high necessarily the individual. In conclusion, the are more likely than any other racial group to school students who are the future of this government serves as a protectorate of ev- be foreign-born. Harsh immigration policies great nation. They provide important insight eryone within its country, making sure that and language barriers, therefore, limit many into the concerns of our younger constituents peace and order are maintained through laws individuals’ ability to integrate into American and hopefully get a better sense of the impor- and regulations, in benefit of the majority. society and access important services. Along similar lines, Asian Americans are twice as tance of being an active participant in the po- f litical process. Many of the students have writ- likely as non-Hispanic Whites and African ten short essays on a variety of topics and I ASIAN PACIFIC AMERICAN Americans to have not seen a doctor in the am pleased to share these with my House col- HERITAGE MONTH past five years, and Asian Americans are also leagues. more likely to be uninsured. Irene Cofie is a senior at Dawson High HON. LAURA RICHARDSON Mr. Speaker, this month, it is important to School in Brazoria County, Texas. Her essay OF CALIFORNIA recognize the achievements of this incredibly topic is: In your opinion, what role should gov- diverse community while also addressing their IN THE HOUSE OF REPRESENTATIVES ernment play in our lives? policy concerns. Nevertheless, I have much A JUST OVERSEER Tuesday, April 24, 2012 hope for the future because Americans are Every man needs a leader: a mentor who Ms. RICHARDSON. Mr. Speaker, I rise working together, hand-in-hand, to ensure the will regulate that person’s decisions while today to recognize May as Asian Pacific equality and advancement not only of their also serving as an overseer by making sure community, but of all communities. every decision formulated by the individual American Heritage Month. In 2010, my col- is civil and doesn’t hold the potential to league, Congressman HONDA, introduced H. Mr. Speaker, I look forward to celebrating cause mayhem. In this sense, we as men, Res. 1316 to designate this month as a time the accomplishments of Asian Pacific Ameri- have the government as our leader to verify to recognize the contributions of Asian Ameri- cans this year and for years to come.

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K24AP8.004 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS E626 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2012 HONORING THE TENTH ANNIVER- 25TH ANNIVERSARY OF WE THE Manglona, and Charlotte Sanders, student SARY OF THE ISLAMIC CUL- PEOPLE: THE CITIZEN AND THE coach Carmen Borja, and Public School Sys- TURAL CENTER OF FRESNO CONSTITUTION tem representative Stephen Smith. f HON. GREGORIO KILILI CAMACHO HON. JIM COSTA HONORING THE GAY AND LESBIAN SABLAN ACTIVISTS ALLIANCE OF WASH- OF CALIFORNIA OF THE NORTHERN MARIANA ISLANDS INGTON, DC (GLAA) IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Tuesday, April 24, 2012 Tuesday, April 24, 2012 HON. ELEANOR HOLMES NORTON Mr. SABLAN. Mr. Speaker, this year, we OF THE DISTRICT OF COLUMBIA Mr. COSTA. Mr. Speaker, I rise today to celebrate the 25th anniversary of We the Peo- IN THE HOUSE OF REPRESENTATIVES recognize the Islamic Cultural Center of Fres- ple: The Citizen and the Constitution. Since Tuesday, April 24, 2012 no, ICCF, its board of trustees, and members We the People began in 1987, more than thir- as they celebrate their 10th anniversary. ICCF Ms. NORTON. Mr. Speaker, I rise today to ty million high school students and ninety is a non-profit religious institution in the heart recognize a Washington, DC institution, which thousand teachers have participated in this of California’s San Joaquin Valley which is I have the distinct honor and pleasure rep- valuable program that promotes a deeper un- dedicated providing spiritual empowerment resenting in this body, that has been a local derstanding of the constitutional principles that and support to Muslims and non-Muslims leader in the struggle for equal rights for les- shape and guide our nation, and instills a alike. Through their work and educational en- bian, gay, bisexual, and transgender, LGBT, sense of civic responsibility in young people. deavors, ICCF has been an asset to our com- people: the Gay and Lesbian Activists Alliance We the People is an instructional program munity and a true reflection of the rich diver- of Washington, DC, GLAA. that enhances students’ understanding of the sity in our nation. GLAA has, since its founding in April 1971, institutions of American constitutional democ- Since its inception, ICCF has promoted in- remained a respected and tireless advocate racy. Through the program, students discover for political freedom for the District of Colum- struction and dialogue in hopes of establishing the relevance of the Constitution and Bill of understanding and harmony among persons of bia and for equal rights for its residents. Rights in present day terms. The We the Peo- GLAA continues in the vanguard of efforts all faiths. An active participant and leader in ple program is directed by the Center for Civic to strengthen enforcement of DC’s landmark interfaith collaboration, activities, and discus- Education and funded by Congress through Human Rights Act of 1977. sion, ICCF hosts a number of activities and the Education for Democracy Act. This is a GLAA, by working with coalition partners, programs designed to fulfill its goals. ICCF program Congress should continue to support. DC officials and the wider public, implemented has developed diversity training seminars to Teams qualify for the National Finals by pre- a well-crafted plan of grass-roots action and provide insight into Islam and the local Muslim vailing in their regional or state competitions. education that helped achieve marriage equal- community. For example, in 2005, after con- The national competition is held through a se- ity in the District. sultation with Fresno Police Chief Jerry Dyer, ries of simulated congressional hearings, dur- GLAA fights to ensure that LGBT residents ICCF began providing diversity training to po- ing which students testify as constitutional ex- are treated fairly and respectfully by DC agen- lice officers in an effort to increase awareness perts before panels of judges acting as con- cies, from the police and fire departments to and knowledge of cultural differences. In 2007, gressional committees. The program enjoys the Department of Consumer and Regulatory ICCF, the California Health Department, and the active participation of members of Con- Affairs to the DC public schools. the Marin Abused Women’s Services Center gress, as well as support from educational, GLAA pushes for effective public health led two training seminars to discuss and advo- professional, business, and community organi- strategies and accountability in the fight cate the prevention of domestic violence. zations across the nation. against HIV/AIDS. In addition to its cultural diversity training ef- This year, more than fourteen hundred stu- GLAA has rated all DC Mayoral and Council forts, ICCF has also served our community by dents from every part of our country will take candidates in every election since the estab- providing family support services. In partner- part in the National Finals here in Washington. lishment of home rule, and uses a system ship with Child Protective Services, CPS, The competition will test students’ knowledge noted for its fairness and nonpartisanship. ICCF has ensured that children who are re- of the U.S. Constitution and the Bill of Rights, GLAA provides leadership in coalition efforts moved from their homes because of safety showcasing their intelligence, determination, on a wide range of civil rights issues, from concerns are able to maintain their cultural and teamwork. family rights to condom availability in prisons norms and traditional practices. I want to recognize the 24 exceptionally tal- and public schools to police accountability. ICCF has worked tirelessly to improve the ented and hard working students from Saipan GLAA activity opposes federal restrictions well-being of our entire community. They have Southern High School in the Northern Mariana on the District’s budget that adversely affect worked with Fresno’s Poverello House, an or- Islands, who return to the Finals as repeat re- LGBT people. ganization that serves the hungry, homeless, gional champions. They have spent many long GLAA enhances its outreach by maintaining and destitute, to collect food and distribute it hours studying and preparing for the competi- a comprehensive website of LGBT advocacy at schools and homeless areas. Additionally, tion. Working together and striving for excel- materials, the GLAA Forum blog, and the they have joined efforts with the Marjaree lence are defining traits of this team. I con- DCGayEtc.com news aggregator. On April 26, GLAA will hold its 41st Anniver- Mason Center, a widely recognized non-profit gratulate them and their teachers and coach- sary Reception honoring this year’s recipients center for victims of domestic violence, to edu- es, and wish them all success in this year’s of its Distinguished Service Awards: Burgundy cate and empower some of our Valley’s most We the People competition. Let me acknowledge each student by name: Crescent Volunteers, The Sexual Minority vulnerable residents. Ms. Maria Louise Babriela Atrero; 1Mr. Rufino Youth Assistance League, Ruby Corado, Jeri As one of the premier faith and culture cen- Aquino, Jr.; Ms. Angelica Awa-Ao; Ms. Akioni Hughes, Will O’Bryan, and Jeffrey D. Richard- ters in Central California, ICCF has welcomed Nadine Babauta; Ms. Chelsea Marie Bartolo; son. students and faculty from a number of edu- Ms. Vanessa Rome Bartolo; Ms. Yunika Mae Burgundy Crescent Volunteers was founded cational institutions, including Fresno State, Biado; Ms. Rachel Nadine Borja; Mr. Don Mar- in 2001 as a source of LGBT volunteers for University of Phoenix, Fresno City College, as shall Davis Cabrera; Ms. Yoon Jae Chung; gay and gay-friendly non-profit organizations well as local school districts. Often, visitors Ms. Teri-Sue Corpuz; Mr. Derick Dela Cruz; in the District, Maryland, and Virginia, and learn about the teachings of Islam, women in Ms. Jinky Marie Kintaro; Ms. Ji Won Lee; Ms. brings LGBT singles and couples together for Islam, as well as Islamic perspectives in areas Allysha Hillary Lloren; Mr. Edward John volunteer activities that are social in nature. related to anthropology, sociology, and eco- Manibusan; Ms. Momoko Belle Nishikido; Mr. The group, a non-profit, has over 5,000 mem- nomics. David Kido Paek; Ms. Rina Park; Mr. Seong bers, who have provided over 100,000 volun- Mr. Speaker, I ask my colleagues to join me Jin Park; Ms. Christine Maebelle Roque; Ms. teer hours to the community. Their good ef- in celebrating and recognizing ten years of Christina Marie Sablan; Mr. Mike Aries forts have ranged from doing yard work for worship, leadership, and community involve- Vargas; Mr. Keisuke Yoshida. GLAA’s founder, Frank Kameny, to pruning ment. The Islamic Cultural Center of Fresno I would also like to acknowledge the re- the cherry trees at the Tidal Basin. accurately reflects the best of what America markable work and guidance by the team’s The Sexual Minority Youth Assistance has to offer—diversity, understanding, and coordinator Mr. Andrew Golden, coaches Jus- League, SMYAL, was founded in 1984 to pro- service. tice John A. Manglona, Deanna Manibusan mote and support self-confident, healthy, and

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.014 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E627 productive lives for LGBT and questioning HONORING MAYOR JOE AFFRONTI Clinic) that treated the neediest and most vul- youth ages 13–21, as they transition from ado- nerable members of society because she be- lescence into adulthood. SMYAL is the only HON. GUS M. BILIRAKIS lieved that all patients deserve the highest Washington metro area service organization OF FLORIDA level of medical care, regardless of economic dedicated solely to supporting LGBTQ and IN THE HOUSE OF REPRESENTATIVES circumstances. One of her patients described questioning youth. The staff and volunteers her as the nicest person he had ever met, but Tuesday, April 24, 2012 concentrate on five activities: Life Skills and Carol treated all people the same way—with Leadership Development; Counseling and Mr. BILIRAKIS. Mr. Speaker, I rise today to the utmost kindness, compassion and respect. Support; Health and Wellness Education; Safe honor Temple Terrace Mayor Joe Affronti. In On June 10, 1973 Carol graduated from the Social Activities; and Community Outreach addition to representing the City of Temple College of San Mateo with an associate de- and Education. Terrace, Florida, Mr. Affronti has also been a gree in nursing. The next day she started her strong advocate for Project Gratitude. career working nights on the medical surgical Ruby Corado has been a transgender rights Project Gratitude was founded in 2006 by floor at Chope Hospital, which is now San activist in DC for over 15 years, focusing on David Lefavor, a retired military chaplain and Mateo Medical Center. Two years later she the Latino community in the areas of health has been championed by Mayor Affronti. Its moved to the emergency room and by 1981 care, HIV, human rights, and immigration. She mission was to provide military chaplains re- she was promoted to Nurse Manager of the has been tireless and outspoken in defending turning from deployments to Iraq and Afghani- Emergency Department. While she was work- and assisting transgender people, demanding stan with a three-day complimentary visit to ing full time she returned to college and justice for brutalized and murdered sex work- Tampa, Florida. During their stay, the chap- earned her Bachelor of Science Degree in ers. She has been at victims’ hospital lains and their families would visit area attrac- Nursing at California State University at Long bedsides, at meetings with police officials, and tions including Busch Gardens, the Museum of Beach. at crime scenes, and has organized vigils, Science and Industry, the Kennedy Space Back then police had limited protocols for bringing her own experience as a Latina Center, and local restaurants. dealing with victims of sexual assault. Often transwoman to bear in promoting the interests In addition to his loyal support of Project times, assault victims were taken to emer- of this at-risk community in our city. Ruby has Gratitude, Mayor Affronti enjoys community gency rooms for a rape kit, but no counseling worked as a program manager for Whitman support in this endeavor from individuals, busi- would be offered. Carol decided she wanted to Walker Health, Transgender Health Empower- nesses, and Veterans’ Service Organizations change that and worked with the emergency ment, and Latinas En Accio´n, a group she has including: American Legion Post 152, room physician manager, the police depart- led for many years. Suncoast Chapter of the Military Officers As- ment and the board of supervisors to develop Jeri Hughes has persistently and doggedly sociation of America (MOAA), Tampa Navy comprehensive treatments for survivors of pressed the District government to increase its League, Busch Gardens, Kennedy Space sexual assault. employment of transgender people. Her efforts Center, Lupton’s Catering, Chamber of Com- At the time, I was on the San Mateo County led Mayor Vincent Gray to direct the Depart- merce of Temple Terrace Florida, Museum of Board of Supervisors and worked with Carol to ment of Employment Services to conduct Science and Industry (MOSI), Marriott Towne develop these new standards. Policies and Project Empowerment job training for Place, Hilton Garden Inn—North Tampa, the procedures were implemented to train staff. transgender citizens. Her efforts to highlight Marine Corps League of Florida, as well as There was always someone on call who knew violations of the DC Human Rights Act by the the Major Samuel Woodfill Chapter of the As- exactly how to treat victims of sexual assault Department of Corrections have led to ongo- sociation of the United States Army (AUSA) in with both counseling and support and Chope ing efforts by the city and activists to improve Dayton, Ohio. Hospital emerged as a model and a leader in the treatment of the city’s transgender inmates Due to the drawdown of U.S. military forces handling rape cases. Over time, the program and detainees. Jeri Hughes helps transgender from Iraq and Afghanistan, Project Gratitude’s evolved into the Keller Center for Family Vio- people every day in her job at Transgender mission will conclude with its last reception on lence Intervention, a nationally recognized pro- Health Empowerment. April 25th in Temple Terrace, Florida having gram that provides victims of child abuse, provided a total of 75 Chaplains and their fam- elder abuse, sexual assault and domestic vio- Will O’Bryan is Managing Editor of Metro ilies with a 3-day ‘‘R & R’’ in appreciation for lence with comprehensive medical, emotional, Weekly, which he joined in 2005 as a commu- their service and sacrifice for God and Coun- social and legal support. nity reporter. He previously served as a news try. Carol has strong ties to the Bay Area. She reporter and arts editor for the Washington As Vice Chairman of the House Veterans’ was born in San Francisco and grew up in Blade, and as a media liaison for a nonprofit Affairs Committee, it is truly my honor to rec- San Carlos. At age 15 Carol’s father passed health organization. Prior to that, he was arts ognize Mayor Affronti for his dedication to this away. Her mother went to work to support the and entertainment editor for Just Out, the Pa- program and the cause of improving the lives family, demonstrating qualities of strength and cific Northwest’s premier LGBT publication. of those who so selflessly gave to our Nation. independence. All three sisters graduated from Will is an unwavering advocate for coverage f college and went on to have successful ca- of the entire breadth of the LGBT community, reers. Carol’s younger sister, Denise Raabe, is especially those who are often neglected. In IN RECOGNITION OF CAROL the Santa Clara County Deputy District Attor- his biweekly column, ‘‘Stonewall Baby,’’ he STAFFORD ney and her middle sister, Gail Raabe, served personally engages issues affecting our entire as San Mateo County Agricultural Commis- community. He exemplifies the quiet, HON. JACKIE SPEIER sioner. unheralded commitment of the many people OF CALIFORNIA Carol is a life-long Giant’s fan and a base- who do the vital work of building community. IN THE HOUSE OF REPRESENTATIVES ball fanatic. Growing up, she posted 8-by-10- inch photographs of the entire San Francisco Jeffrey D. Richardson is Director of the Tuesday, April 24, 2012 Mayor’s Office of Gay, Lesbian, Bisexual and Giants team in her bedroom. To this day, she Ms. SPEIER. Mr. Speaker, I rise to honor Transgender Affairs, where he has taken the has season tickets. Carol’s devoted husband Carol Stafford, a dear friend and an indefati- initiative to connect activists with key agency of 41 years, George Stafford, her sons Paul gable health professional who for 39 years staff and get results. His tireless efforts have and Joseph and her daughter-in-law, Courtney has dedicated her life to nursing and caring for ranged from advocacy within the government Stafford, will now enjoy more quality time with the poor and those in need in San Mateo to supervising young LGBT interns. He brings Carol. It’s important to note that even as de- County. She retired as a triage nurse at Wil- manding as Carol’s nursing career has been, to his job the empathy and service-oriented low Clinic in Menlo Park on March 17, 2012 she has always put family first and was home approach that he developed in his career as a after a remarkable career that has touched the most days when her boys came home from social worker. In his prior post as president of lives of thousands of county residents. school. the Gertrude Stein Democratic Club, he was a For almost four decades Carol brought life Though Carol has retired from a wonderful steady leader who worked amicably and pro- saving care to patients in the emergency room career, she will continue to play a vital role in ductively with GLAA and other advocacy at San Mateo County General and she spear- our community and she will certainly have a groups and this year’s recipients of its Distin- headed comprehensive procedures for treating friend in me for life. guished Service Award. victims of sexual assault at a time when most Mr. Speaker, Carol Stafford has dedicated I ask the House to join me in congratulating hospitals had few protocols. She chose to her life to assisting people in need. I ask that the Gay and Lesbian Activists Alliance. work in facilities (Chope Hospital and Willow the House of Representatives to join me in

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.016 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS E628 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2012 commending her for her extraordinary selfless- standing National Service Volunteer Elisabeth They say character is what you do when no ness and service. Lohmueller, Youth Volunteer Julia Brown, Cor- one is watching. From my standpoint, I in- porate Volunteerism honoree Pratt & Whitney terpret this as we can’t only take part in the f political process when it is important to us, Aircraft, Outstanding School District Sanford, CONGRATULATING THE MISSION but we must take part in the political proc- and Outstanding Nonprofit Volunteer Program ess at all times because it is important to SHARYLAND RATTLERS VARSITY Trekkers. SOCCER TEAM every American. Americans’ beliefs, ethics, In a cynical world that calls us to believe no morals and values are illuminated through one does something for nothing, these volun- our choices and our political standpoints. HON. HENRY CUELLAR teers and thousands more like them continue Our voices should not be silent echoes ring- OF TEXAS to give us hope and belief in each other’s ing through our nation, but should envelop IN THE HOUSE OF REPRESENTATIVES goodness. the nation with our prevalent concern. Our voices will be heard, but the choice is ours to Tuesday, April 24, 2012 f speak up. Speaking up shows our character and who we each are and what we believe in. Mr. CUELLAR. Mr. Speaker, I rise today to HONORING KATELYN MOODY congratulate the Mission Sharyland Rattlers It unveils how we should be constant partici- varsity soccer team of Sharyland High School pants in America’s political process. If we all in Sharyland, Texas on winning the UIL Class HON. PETE OLSON stand together for what we believe in and what are values are, how could our country OF TEXAS 5A state boys soccer championship. The go wrong? We can’t prevail with only some Sharyland Rattlers boys’ soccer team victori- IN THE HOUSE OF REPRESENTATIVES participators, everyone must participate to ously ended a long season on Saturday, April Tuesday, April 24, 2012 guarantee our freedoms and our pursuit of 21, 2012, at Birkelbach Field in Georgetown, happiness. Texas. Mr. OLSON. Mr. Speaker, I am privileged to You see, our founding fathers put forth an A crowd of more than 750 fans watched the interact with some of the brightest students in insurmountable effort to guarantee our free- Sharyland Rattlers team win 3–2 in a shootout the 22nd Congressional District who serve on dom and our pursuit of prosperity. We must to defeat Katy Morton Ranch. In their long 31– my Congressional Youth Advisory Council. I ask ourselves, to what extent will our gen- have gained much by listening to the high eration rise to protect those same rights for 3–3 winning season, this outstanding boys’ another strong hold, another upcoming gen- soccer team proved that hard work, dedica- school students who are the future of this great Nation. They provide important insight eration. We must speak up, show what we tion, and skill are the perfect recipe for cham- stand for, and let the character of America pions. These high school soccer players were into the concerns of our younger constituents be unveiled. We must not sit like ducks led to the championship title through the tire- and hopefully get a better sense of the impor- thinking to ourselves, ‘‘Oh well, they can less leadership of their Head Coach Reveriano tance of being an active participant in the po- handle it, they will surely speak up’’ because Hernandez. I congratulate the educators and litical process. Many of the students have writ- if they don’t, our strong hold is no longer leaders of this superb team. Key players in the ten short essays on a variety of topics and I and we will show our lack of interest in our am pleased to share these with my House col- political processes which protect freedom team include Most Valuable Player during the and the pursuit of a full and prosperous life. Championship game Jesus Olivarez and Jorge leagues. Katelyn Moody is a sophomore at Deer Park And, without those things we would be left Medina, Most Valuable Player Defensive dur- in an abyss of nothingness. It is shown here ing the Championship game. Parents, faculty, High School in Harris County, Texas. Her how important taking part in political proc- family, friends and former students traveled to essay topic is: In your opinion, why is it impor- esses proves to be and the consequences of the championship game to support and en- tant to be involved in the political process? not doing so. Remember, the choice is ours courage the boys’ soccer team. This cham- IMPORTANCE OF PARTICIPATION IN THE to speak up. American’s are responsible for pionship marks an accomplishment and proud POLITICAL PROCESS finding our own happiness and to continue pursuing this, no matter the cost. occasion for the team, school and those who In life each person is responsible for find- attended the game to show their support. ing his or her own happy ending. This also f Sharyland High School is part of the suggests that we walk a path in our life with our happiness. The pursuit of happiness as IN MEMORY OF DELORES A. Sharyland Independent School District. It was we have come to phrase it in our own govern- PARKS Sharyland’s first time playing at the UIL state ment. Within our pursuit of happiness, we tournament and has now set a pace for win- are not only one, we are a unified nation, ning tradition as the school’s first state soccer who has withstood the best of times and the HON. LAURA RICHARDSON championship for Sharyland High School. The worst of times, who has come to the rescue OF CALIFORNIA Sharyland Rattlers have been recognized for when no one else will take a stand. A unified IN THE HOUSE OF REPRESENTATIVES setting the area record for 31 (wins) 3 (ties) 3 nation who is not made of one, but made of Tuesday, April 24, 2012 (loses). With the motivation to bring home the many. For our country depends on those who are in pursuit of America’s happiness and Ms. RICHARDSON. Mr. Speaker, it is with state championship the team devoted 18 therefore citizens must stand for what is a heavy heart that I rise today to pay tribute hours a week in training and practiced dili- right and what is just. Our first step to pur- to the late Delores A. Parks, a woman who gently during Christmas and Spring Break. sue our country, the United States of Amer- spent her entire life tirelessly caring for her I am honored to praise the accomplishments ica’s happiness is to step forward and become community. Mrs. Parks passed away in her of Sharyland, Texas’ home team, the involved in the political process. sleep on Sunday, April 15, 2012. She was 77. Sharyland Rattlers boys’ soccer team as the It is of vital importance that each and every person is involved in making decisions The Rev. Dr. Martin Luther King, Jr. once Class 5A boys’ soccer state title champions. said, ‘‘Everybody can be great, because ev- Congratulations. for our country. If we are a nation who will stand for nothing, we will fall for anything. erybody can serve.’’ Mrs. Parks was blessed f The citizens must be the strong hold of our with many gifts and talents, but her greatness GOVERNOR’S AWARD FOR country and hold our ground. For instance came from her dedication to the community. VOLUNTEERISM being involved in the political process is a She is truly a hero of mine. Mrs. Parks was a citizen’s duty and responsibility. Citizens generous, warmhearted and loving woman must be aware of current events in the world who always went the extra mile to support her HON. CHELLIE PINGREE and how that one situation could impact us neighbors. OF MAINE locally, nationally, and globally. It is imper- I know the difference one person can make IN THE HOUSE OF REPRESENTATIVES ative for one to know what is going on in your country for you to be able to form deci- because I am a witness to the impact of Mrs. Tuesday, April 24, 2012 sions about what is right and what is just. Parks’ extraordinary career of service to oth- Ms. PINGREE of Maine. Mr. Speaker, I Knowledge is valuable and can reveal to us ers on the lives of ordinary boys and girls and would like to congratulate those in my State what is best for our country. If a person isn’t men and women. There is much wisdom in being honored with Governor’s Award for Vol- involved in our country’s political process it the ancient proverb that says if you catch a unteerism. The following Maine people and or- shows a lack of interest in what is best for person a fish, you feed him for a day; if you America and its people. If we lose sight of ganizations have showed exemplary commit- how our country was based on the ability to teach a person to fish, you will feed her for a ment to donating their time and energy to help make choices that benefit our government lifetime. Mrs. Parks was a great lady but what others: and its inhabitants, we have lost our patriot- makes her truly special is her commitment to Volunteer of the Year Julia Brown, Service- ism. Our country is only as good as it’s citi- serving others altered for the good the trajec- Learning Practitioner Donna Vigue, Out- zens collective efforts. tory of thousands of lives.

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K24AP8.005 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E629 Mrs. Parks first answered the call to serve PERSONAL EXPLANATION milling machine operator at the U.S. Steel as a daycare provider, a field she worked in South Works plant in Chicago and going on to for 53 years. She later founded the Compton HON. ROBERT E. ANDREWS work at the Amalgamated Clothing and Textile Family Day Care Association, which provided OF NEW JERSEY Workers Union where she started the Amal- instruction to others on how to become IN THE HOUSE OF REPRESENTATIVES gamated Day Care and Health Center. She di- daycare providers. She took pride and much rected that Center from 1969 through 1983. Tuesday, April 24, 2012 joy in her work, offering meals to the children Manny is a natural leader—who has served and their families and planning sporting Mr. ANDREWS. Mr. Speaker, I was not on the Chicago and Central States Joint Board events, field trips, and church activities. Her present for votes in the House of Representa- of ACTWU, co-chair of the Coalition of Labor hard work and joyfulness undoubtedly trans- tives between April 16th and 18th. Had I been Union Women’s National Child Care Task formed the lives of these young children and present, I would have voted in the following Force and a member of CLUW’s National Ex- her community as a whole. manner: Rollcall No. 152 for H.R. 3001, had I ecutive Board. been present, I would have voted ‘‘aye’’; roll- I have relied on Manny for sound advice Faith and love for the Lord played a large call No. 153 for H.R. 4040, had I been and inspiration for years—and I’m not the only and constant role in Mrs. Parks’ life. She was present, I would have voted ‘‘aye’’; rollcall No. one. Manny has advised the National Imple- raised as a devout Catholic, and she later be- 154 for H. Res. 614, had I been present, I mentation Task Force of the White House came a licensed missionary for the First would have voted ‘‘nay’’; rollcall No. 155 for H. Conference on Families, the Illinois Women’s Church of Deliverance under the late Elder Res. 614, had I been present, I would have Agenda, and Women for Economic Justice. O.D. Russell. In 1997, she became a member voted ‘‘nay’’; rollcall No. 156 for H. Res. 614, Manny’s extraordinary work has been recog- of King’s Dominion Life Center under the lead- had I been present, I would have voted ‘‘nay’’; nized by many—induction into the Chicago ership of her son-in-law, Bishop T.A. Moore. rollcall No. 157 for H.R. 1815, had I been Women’s Hall of Fame, the National Council When remembering the life of Mrs. Parks, I present, I would have voted ‘‘aye’’; rollcall No. of Jewish Women’s Hannah G. Solomon cannot help but call to mind this scripture: 158 for H.R. 4089, had I been present, I would Award, and the Coalition of Labor Union ‘‘Blessed are the pure in heart, for they shall have voted ‘‘aye’’; rollcall No. 159 for H.R. Women’s Florence Criley Award are just some see God. Blessed are the peacemakers, for 4089, had I been present, I would have voted of her awards. Manny’s life is not just committed to social they shall be called the children of God’’ (Mat- ‘‘aye’’; rollcall No. 160 for H.R. 4089, had I and economic justice, but to her family. The thew 5:8–9). Truer words were never spoken. been present, I would have voted ‘‘aye’’; roll- call No. 161 for H.R. 4089, had I been love of her life was Charles, her husband of Mrs. Parks reflected these words in her man- 63 years. She adores her children, Peter and ner and deeds, and she served as an example present, I would have voted ‘‘aye’’; rollcall No. 162 for H.R. 4089, had I been present, I would Judy, and her 13-year-old granddaughter Re- of the selflessness and kindness we should all becca. Manny’s legacy includes not just her strive to display in our own lives. have voted ‘‘nay’’; rollcall No. 163 for H.R. 4089, had I been present, I would have voted record of improving workers’ rights, women’s Mrs. Parks was preceded in death by her ‘‘aye’’; rollcall No. 164 for H.R. 4089, had I rights and human rights, it also includes her loving husband of 38 years, Willie M. Parks, been present, I would have voted ‘‘nay’’; roll- family and her many friends whose lives she and by her daughter, Katrina E. White. Left to call No. 165 for H. Res. 619, had I been has touched and made so much better. cherish her memory are her children Emerson present, I would have voted ‘‘nay’’; rollcall No. Manny turns 90 on May I7th—and, now liv- Mims, Parris Parks, and Donna Moore (Bishop 166 for H. Res. 619, had I been present, I ing in Laguna Hills, California, she continues T.A.); grandchildren Huber White, Eboni Gallo- would have voted ‘‘nay’’; rollcall No. 167 ap- working to make the world a better place. way, Ferrante Manning, and Breana Moore; proving the Journal, had I been present, I Whether it’s registering voters, fighting against great grandchildren Kameron White, Huber would have voted ‘‘nay’’; rollcall No. 168 for the wars in Iraq and Afghanistan, dem- White, Kutura White, Akhella White, and Tay- H.R. 4348, had I been present, I would have onstrating with striking grocery store workers, lor Bibbs; brothers Carl McDonald and Rickey voted ‘‘nay’’; rollcall No. 169 for H.R. 4348, or speaking out in support of Roe v. Wade, McDonald; and a multitude of relatives, neigh- had I been present, I would have voted ‘‘aye’’; Manny continues to lead a life of activism. At bors, and friends. rollcall No. 170 for H.R. 4348, had I been a die-in protect recently to fight cuts to Adult present, I would have voted ‘‘nay’’; rollcall No. Day Health Care. Manny said at the protest, Mr. Speaker, I wish to express my sym- ‘‘I’m fighting to the very end. I’m fighting for pathies to Mrs. Parks’ family. My thoughts and 171 for H.R. 2453, had I been present, I would have voted ‘‘nay.’’ the rights of people to have a decent quality prayers are with them during this difficult time. of life.’’ They have lost a beloved mother, sister, aunt, f Manny, I love you and thank you for your grandmother, great grandmother. The commu- CELEBRATING MURIEL ‘‘MANNY’’ friendship, and hope you will continue to orga- nity Mrs. Parks served for more than a half TUTEUR nize for justice for many years to come. century mourns the loss of a hero. I mourn the f loss of a dear friend and role model. HON. JANICE D. SCHAKOWSKY HONORING THE VETERANS OF THE On this sad occasion, I would like to ask my OF ILLINOIS APRIL 24, 2012 EASTERN IOWA colleagues to join me in a moment of silence IN THE HOUSE OF REPRESENTATIVES HONOR FLIGHT to honor the memory of Mrs. Delores A. Tuesday, April 24, 2012 Parks. Ms. SCHAKOWSKY. Mr. Speaker, I rise HON. DAVID LOEBSACK OF IOWA today to celebrate my friend and role model, f IN THE HOUSE OF REPRESENTATIVES Manny Tuteur and to wish her a very, very PERSONAL EXPLANATION happy 90th birthday. Tuesday, April 24, 2012 There are some people who seem bigger Mr. LOEBSACK. Mr. Speaker, today, eighty- than life—whose accomplishments make you six Iowa veterans of the Greatest Generation HON. ANNA G. ESHOO pause to wonder how one person could have travelled to our Nation’s capital. Accom- achieve so much. Manny is one of those peo- panied by twenty-seven volunteer guardians OF CALIFORNIA ple. who have also served our country in uniform, IN THE HOUSE OF REPRESENTATIVES It’s almost impossible to catalogue all the they have travelled to Washington, DC to visit accomplishments in her life. the monument that was built in their honor. Tuesday, April 24, 2012 She’s a veteran. During WWII, Manny For many if not all of the Iowans who will be served in the Women’s Army Corps and re- Ms. ESHOO. Mr. Speaker, I inadvertently here today, this will be the first time they have ceived training at the Parachute Training seen the National World War II Memorial. I voted ‘‘yes’’ on rollcall vote No. 170 (to pro- School. can think of no greater honor than to be there vide an extension of Federal-aid high, highway She’s a problem solver and a teacher. She when they see their memorial for the first time safety, motor carrier safety, transit and other worked as a caseworker for the Cook County and to personally thank each of them for their programs funded out of the Highway Trust Bureau of Public Welfare and taught preschool service to our Nation. They truly are Iowa’s, Fund) when I meant to vote ‘‘no.’’ at Jewish Community Centers. and our Nation’s, heroes. I would like to correct for the record that I And she has been a fighter for working men I proudly have in my office a piece of mar- wanted to vote ‘‘no’’ on rollcall vote 170. and women for over 70 years, starting as a ble from the quarry that supplied the stone

VerDate Mar 15 2010 04:30 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.021 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS E630 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2012 that built the World War II Memorial. That the Incident Command System, and in 2009 who stood strong by keeping his children out piece of marble, just like the memorial that it he was recognized by the California Fire of school for one whole year. Eventually, the built, reminds me of the sacrifices of a genera- Chiefs Association as Fire Chief of the Year. school systems were integrated and he was tion that, when our country was threatened, Chief Massucco also led our County Urban able to see his children receive a quality edu- rose to defend not just our Nation but the free- Search and Rescue Task Force, which offers cation within an integrated public school sys- doms, democracy, and values that are the emergency services not only in Marin County, tem. Pastor Roland’s most recent accomplish- foundation of our great country. They did so but also to partners across the country in need ment is his eight year service on the as one people and one Nation. Their bravery of additional responders. Coffeeville Board of Alderman. and resilience still inspire us today. Mr. Speaker, I ask you to join me in thank- According to Pastor Roland, though he has The sheer magnitude of what they accom- ing Chief Massucco for his contributions to accomplished many things within his lifetime, plished, not just in war but in the peace that Marin County. He has set an admirable stand- his greatest has been the honor to vote for followed has stood as an inspiration to every ard for compassionate and responsive public and see America’s first African American generation since. The Greatest Generation did service, and we wish him the best in his retire- President, Barack Obama elected into office. not seek to be tested both abroad by a war ment. Mr. Speaker, I ask my colleagues to join me in recognizing Pastor Johnnie Roland Sr., a that fundamentally challenged our way of life f and at home by the Great Depression and the decorated World War II Veteran and Civil rebuilding of our economy that followed. But, HONORING PASTOR JOHNNIE RO- Rights Activist for his dedication and service to when called upon to do so, they defended and LAND, SR., WORLD WAR II VET- this country and the state of Mississippi. then rebuilt our Nation. Their patriotism, serv- ERAN AND CIVIL RIGHTS ACTIV- f IST ice, and great sacrifice not only defined their HONORING KOMAL LUTHRA generation—they stand as a testament to the fortitude of our Nation. HON. BENNIE G. THOMPSON HON. PETE OLSON I am tremendously proud to welcome East- OF MISSISSIPPI OF TEXAS ern Iowa’s veterans to our Nation’s capital IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES today. On behalf of every Iowan I represent, I Tuesday, April 24, 2012 thank them for their service to our country. Tuesday, April 24, 2012 f Mr. THOMPSON of Mississippi. Mr. Speak- Mr. OLSON. Mr. Speaker, I am privileged to er, I rise today to recognize the outstanding interact with some of the brightest students in HONORING MARIN COUNTY FIRE service of World War II Veteran and Civil the 22nd Congressional District who serve on CHIEF KEN MASSUCCO Rights Activist, Pastor Johnnie Roland Sr., as my Congressional Youth Advisory Council. I he celebrates his 90th birthday. Born the son have gained much by listening to the high HON. LYNN C. WOOLSEY of sharecroppers, Pastor Roland was drafted school students who are the future of this OF CALIFORNIA into the United States Army on November 28, great nation. They provide important insight IN THE HOUSE OF REPRESENTATIVES 1942. into the concerns of our younger constituents Johnnie Roland Sr. was born and remains a and hopefully get a better sense of the impor- Tuesday, April 24, 2012 lifelong resident of Coffeeville, Mississippi. He tance of being an active participant in the po- Ms. WOOLSEY. Mr. Speaker, I rise today to married the late Leida Rounsaville Roland and litical process. Many of the students have writ- honor the legacy of a passionate and dedi- from this union, 14 children were born. His ten short essays on a variety of topics and I cated public servant. Marin County Fire Chief oldest and only son, Johnnie Roland Jr., am pleased to share these with my House col- Ken Massucco retired at the end of March served in the Vietnam War. leagues. 2012 after a career of nearly four decades Johnnie Roland served in World War II from Komal Luthra is a sophomore at Clear protecting our communities. 1943 to 1945. Roland and three others from Springs High School in Galveston County, After a year volunteering with the Kentfield Yalobusha County, Mississippi, Tommy Dud- Texas. Her essay topic is: In your opinion, Fire Protection District, Chief Massucco joined ley, Walter Lee Martin, and Ulysses Kee were what role should government play in our lives? Marin County Fire Department in 1974. He inducted into the Army at Camp Shelby, Mis- IMPORTANCE OF INVOLVEMENT rose through the ranks as Fire Lieutenant, sissippi. The government plays a major role in our Senior Captain, and Battalion Chief before After about eleven months of ammunition lives. It governs us and tries to keep the being appointed Fire Chief in December 2001 training at Ft. Knox, Kentucky, he and the country running in a smooth manner even by the Marin County Board of Supervisors. 619th Ordnance Ammunition Company, though there may be conflicts taking place Throughout his tenure, Chief Massucco shipped out of New York City and arrived in with other countries. The government is there to serve the people. For example, cur- maintained a special connection with the resi- Liverpool, England. On June 6, 1944, Roland rently, our country is facing some financial dents he served in unincorporated Marin boarded a landing craft late in the day and re- challenges, still the government is making County, and with the firefighters and office mained anchored in the English Channel sur- efforts to help those without jobs and find staff responsible for keeping our communities rounded by danger on all sides. There he ways to cut spending. Not only does the gov- safe. In a Department that includes more than waited to land on the Normandy Beach, about ernment play a major role in our lives, but 80 full-time and 60 seasonal workers covering 3 days after D–Day. we also have the opportunity to be involved. a broad and geographically diverse region, it For the next several months he advanced We must realize that we do not have to be was the care and leadership of Chief through France, Belgium, and Germany load- politicians or government officials to be in- volved. Massucco that ensured strong partnerships ing and unloading ammunition on and near the There are so many ways one can get in- with the public. front lines of battle. On November 29, 1945, volved in the political process. One can vote, I was especially impressed to see Chief he was honorably discharged from Camp voice his or her opinions, and inform others Massucco’s work as a lead member of the Shelby in Hattiesburg, Mississippi. Roland was about issues that our country is facing. It is team that battled the Angel Island fire in Octo- awarded the Nameto Medal, Good Conduct important to stay updated with the issues we ber 2008. Marin County firefighters spear- Medal, and World War II Victory Medal for his are facing as a country and how we can slow- headed a difficult effort to save invaluable cul- superior performance and dedication in the ly deliver the message and work together to make a difference. It is like a chain reaction. tural and historical treasures, including the United States Army. For example, in recycling programs, an indi- Angel Island Immigration Station, which is rec- After his honorable discharge from the vidual cannot enforce recycling because it is ognized as a National Historic Landmark and United States Army, Roland returned to Mis- a group effort to spread the word in the soci- a part of the California State Parks. All Ameri- sissippi. Pastor Roland answered his call to ety to save our environment. We can also get cans owe a debt of gratitude to Chief ministry in 1960, and served as pastor of the involved by contacting an elected official or Massucco and the Marin County Fire Depart- Pine Grove Baptist Church from 1962 until Au- candidate via phone or email, visiting or at- ment for their efforts to ensure the survival of gust 2009. Pastor Roland was very active in tending political meetings. We can take part this unique site. the Civil Rights Movement working with other in demonstrations, protests, boycotts, or marches to have our voice heard. This pre- Chief Massucco also brought his leadership local advocates to integrate the local seg- sents the fact that as citizens we have a lot to other public safety initiatives, and his work regated school systems, marching front line in of freedom and many opportunities. The was recognized beyond our County. He as- sometimes very hostile situations. issues being faced in the economy, education sisted firefighters in emergencies across Cali- During the boycott of the local school sys- systems, technology, and environment can- fornia as an Operations Section Chief within tem, Pastor Roland was one of a very few not be solved unless we get involved.

VerDate Mar 15 2010 04:30 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A24AP8.025 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E631 When we vote, we take our country’s figure flecting on the success, Tom told a reporter COMMEMORATING THE 97TH ANNI- in our own hands by voting for the best can- from San Jose Magazine that it was his first VERSARY OF THE ARMENIAN didate. It is important that we elect the per- GENOCIDE son who represents our country with good taste of politics and what it can do for the moral, values and care for the common peo- common good. ple of this country. Every vote counts when While he was still a TWA pilot, Tom started HON. ANNA G. ESHOO it comes to choosing the best candidate to be the transition into his next career, real estate. our president because he or she will be decid- OF CALIFORNIA ing and leading our country’s future for the He worked for Coldwell Banker and then in next four years or more. 1977 started his own business, Huening In- IN THE HOUSE OF REPRESENTATIVES We have a democracy which gives us the vestment Company, where he fixed up dilapi- right to speak our mind in political words. dated commercial buildings. Along the way, he Tuesday, April 24, 2012 This right is given to us in the Bill of Rights returned to school and earned an MBA from of the Constitution. For example, if an indi- Ms. ESHOO. Mr. Speaker, I rise today to vidual faces a challenge where his or her Pepperdine University and a bachelor of law acknowledge and commemorate a solemn oc- rights are being violated, he or she should degree from La Salle University. He is an in- casion of deep personal significance. Today come forward and bring the issue up to a active member of the California Bar Associa- marks 97 years since the infamous episode in government official. Elected official should tion and served as an arbitrator and mediator which the Ottoman Empire began rounding up help one find a way to solve it through cre- with the American Arbitration Association. ation of new laws, establishment of new pro- and murdering Armenian intellectuals and grams or explore other options to preserve In the late 70’s, Tom transitioned from the community leaders in Constantinople. By the individual’s rights. A democracy includes private sector to public service. He was a 1923, some 1.5 million Armenian women, chil- all the people and it is incomplete if only a Trustee on the San Mateo County Community dren and men were dead from a systematic fraction of the people is representing the College District from 1981 until 1986 and a campaign we now know as the Armenian whole population. Men, women, elderly and Genocide, or Great Crime. Their lives ended even young adults should actively partici- member of the San Mateo Board of Super- pate. Even though children may not be able visors from 1987 until 1998. Tom authored the in the most brutal ways imaginable, subjected to vote they should still be aware of govern- original San Mateo Countywide Transportation to death marches, burnings, rape and forced ment so as they grow up, they are prepared Expenditure Plan which provided the county starvation. Some 500,000 Armenians who did to represent the country. with 20 years of dedicated transportation fund- survive—my own grandparents among them— In conclusion, by being politically active, were forced into exile. we learn to become motivated, hopeful, and ing for infrastructure and public transit im- optimistic. It is our right as citizens to prac- provements. He also is part of a leadership Like others whose families experienced this tice ‘‘freedom of speech’’ and stand up and team who was responsible for bringing BART tragedy first-hand, I did not first learn of the speak for our country. It shows confidence, to Millbrae and SFO. Armenian Genocide in history books. I learned determination, and passion. about it from my own Grandmother as she re- Tom has led many initiatives to improve the f counted the murders of priests and her flight well being and quality of life of residents, for from the only home she knew. IN RECOGNITION OF TOM HUENING example the county’s smoke-free workplace ordinance, the requirement to label alcoholic We must be clear: There is no doubt to the HON. JACKIE SPEIER beverages with warnings about fetal alcohol fact that the Armenian Genocide took place. OF CALIFORNIA syndrome, the extension of popular trails, and There is no credible historian who can dispute IN THE HOUSE OF REPRESENTATIVES the launching of charter schools to improve it, and there is no evidence that detracts from its horror and magnitude. What’s missing is a Tuesday, April 24, 2012 the performance of academically struggling moral clarity as penetrating as the facts them- schools. Ms. SPEIER. Mr. Speaker, I rise to honor selves, and a willingness in this House and in Tom Huening for his three decades of service In 1998, Tom was elected San Mateo Coun- our government to acknowledge the Genocide. to San Mateo County. As controller, county ty Controller and re-elected for four consecu- The consequences of surrendering the supervisor and community college district tive terms. As a fiscal conservative, he be- moral high ground on Genocide denial are trustee, Tom has advocated for taxpayers lieves that his office ‘‘should be lean and re- throughout his career in public service. manifest and tragic. Since 1915, we have wit- sponsive and add value to the County at the nessed the same tragedy again and again. In Tom has had successful careers in the mili- lowest taxpayer cost.’’ tary, the airline industry, real estate and public 1939, Adolf Hitler is said to have asked, in jus- service. The common threads running through In addition to the contributions to San Mateo tifying his awful crimes, ‘‘Who, after all, speaks all of them are hard work and his hunger to County, Tom served as President of the Bay today of the annihilation of the Armenians?’’ In learn. Area Auditor-Controllers Association and on the Holodomor in Ukraine, the killing fields of Tom was born in Chicago and grew up in the Executive Committee of the State Auditor- Cambodia, the ethnic cleansing in Bosnia, the Mount Prospect, Illinois as the son of an oil- Controllers Association. He has served the na- red clay hills of Rwanda, and now, today in burner servicemen and one of 12 children. He tional Government Finance Officers Associa- Darfur—genocidal crimes continue. We must learned early on that the best way to over- tion on their Committee for Accounting, Audit- acknowledge the Armenian genocide for our come weakness is to confront it directly. Tom ing and Financial Reporting, their Economic collective future, for those who suffer around admits to having a fear of public speaking, yet Development and Capital Planning Committee the world today, and to honor the memories of he earned his Bachelor of Arts in speech from and the Committee on Governmental Budg- those who died. De Paul University in 1965. Right after he eting and Fiscal Policy. Each time this question arises, there are graduated, he joined the Navy for five years Tom is a member of the San Mateo Rotary, those who demand we once again sweep his- and was trained as a jet fighter pilot. His serv- tory under the rug for political convenience, ice in Vietnam made him experience the harsh the Commonwealth Club and the Bay Trail Steering Committee. calling what began 97 years ago anything but realities of war, but he also credits that time Genocide. My response is simple. The sys- for developing leadership skills, self con- He is the proud father of four daughters and tematic extermination of an ethnic group is fidence and skills as a team player. grandfather of nine grandchildren. In his well Genocide, and we insult ourselves and de- After his military service, Tom became a deserved retirement Tom will enjoy spending grade our values when we claim otherwise. pilot for TWA and moved his family to San more time with them and his friends. Jose which is when he first involved himself in I hope we use this solemn occasion to re- politics. The city of San Jose and Caltrans Mr. Speaker, I ask this body to rise with me double our support for a more honest ap- were planning on turning a part of the Guada- to honor my friend Tom Huening for his tire- praisal of the facts. So much of who I am is lupe River into a concrete channel to make less dedication to our community on this day informed by my Armenian heritage, including room for the Almaden Expressway crossing. of his retirement as the San Mateo County the moral grounding to demand the truth. As Tom and his neighbors formed a neighbor- Controller. He is an extraordinary person who we pray today for those who died, let us also hood association—with Tom as president— possesses the qualities of a businessman, a work toward an open and just acknowledge- fought the idea and won. Caltrans and the city humanist and a visionary. San Mateo County ment of the Armenian Genocide, the truth, and shored up the sides of the river and even built is a more efficient and better place because of a strengthened commitment to prevent such a bike path underneath the expressway. Re- his outstanding work. atrocities from ever happening again.

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A24AP8.028 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS E632 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2012 TWITCHELL’S 90TH ANNIVERSARY milestone, and I look forward to the centennial Shriver Act, which will authorize funding for celebration. sports, health, education and employment pro- HON. MARTHA ROBY Mr. Speaker, please join me in congratu- grams for people with intellectual and develop- OF ALABAMA lating Twitchell on its 90th anniversary and in mental disabilities. IN THE HOUSE OF REPRESENTATIVES wishing the company many more decades of Mr. Speaker, I am proud to recognize the success. hard work of the athletes and volunteers of the Tuesday, April 24, 2012 f Southern California Special Olympics. I know Mrs. ROBY. Mr. Speaker, I stand today to the people of California will continue to sup- recognize the 90th anniversary of Twitchell CONGRATULATORY REMARKS FOR port the games and be inspired by the dedica- Technical Products—a thriving business in OBTAINING THE RANK OF EAGLE tion of those involved. SCOUT Southeast Alabama. f Mr. E.W. Twitchell founded E.W. Twitchell, Inc. nine decades ago. First established in HON. SANDY ADAMS REGARDING THE 97TH ANNIVER- SARY OF THE ARMENIAN GENO- Unionville, Connecticut, the company later re- OF FLORIDA CIDE located in 1930 to Philadelphia, Pennsylvania. IN THE HOUSE OF REPRESENTATIVES In 1945, the company settled in Dothan, Ala- bama, where its headquarters remain today. Tuesday, April 24, 2012 HON. CHRIS VAN HOLLEN To date, Twitchell provides jobs that support Mrs. ADAMS. Mr. Speaker, I would like to OF MARYLAND nearly 300 families around Dothan. In our congratulate Kyle Holysz for achieving the IN THE HOUSE OF REPRESENTATIVES area, this company is a staple in the local rank of Eagle Scout. Tuesday, April 24, 2012 economy and a cornerstone of the local com- For his Eagle Scout project, Kyle led the munity. construction and installation of reusable gar- Mr. VAN HOLLEN. Mr. Speaker, I rise today Mr. Speaker, without question, the number den boxes for local nursing homes. Through- to commemorate the anniversary of the Arme- one issue that affects our nation and my home out the history of the Boy Scouts of America, nian Genocide. state of Alabama is the health of our economy the rank of Eagle Scout has only been at- It was 97 years ago today that over 1.5 mil- and the ability to create new American jobs. I tained through dedication to concepts such as lion men, women, and children, almost 75 per- am especially aware of this fact from the many honor, duty, country and charity. By applying cent of the pre-war Armenian population, were discussions I have had with small business these concepts to daily life, Kyle has proven brutally exterminated by the Ottoman Empire. owners and employers throughout the district. his true and complete understanding of their The Ottoman authorities arrested and later I was privileged to recently have such a dis- meanings, and thereby deserves this honor. murdered over 250 Armenian political, intellec- cussion with representatives from Twitchell I offer my congratulations on a job well done tual, and religious leaders in Istanbul, begin- last month. and best wishes for the future. ning a horrific and systematic campaign to During a time when too many employers f wipe a 3,000 year-old community from the have been forced to shrink their workforce or face of the earth. even close their doors, I was encouraged to IN RECOGNITION OF THE SPECIAL Armenian members of the Turkish armed hear about Twitchell’s achievements. Through OLYMPICS’ SOUTH BAY AREA forces were separated from their units and innovation, Twitchell achieved success by GAMES placed into labor battalions, where they were changing and adapting to the needs of the either worked to death or murdered. In Arme- market. Mr. Speaker, that is what the free HON. LAURA RICHARDSON nian villages throughout Turkey, adult males market is all about. Free from government in- OF CALIFORNIA were singled out for execution, while the re- terference or unnecessary regulation, private IN THE HOUSE OF REPRESENTATIVES maining women, children, and elderly inhab- companies adjust to the demands of the mar- itants were then forced to march without food Tuesday, April 24, 2012 ket and remain competitive. When that hap- or water to the Syrian Desert. En route they pens, both employees and consumers benefit. Ms. RICHARDSON. Mr. Speaker, I rise were set upon by the Ottoman Security Serv- For example, four decades ago the com- today to recognize an exciting event that took ice’s ‘‘Special Organization,’’ which consisted pany acquired a local yarn extrusion venture place in the 37th Congressional District this of released convicts and was created specifi- that specialized in PVC coated yarns. The past weekend: The Southern California Spe- cally for the purpose of carrying out ethnic yarn weaves into a fabric used for everyday cial Olympics’ South Bay Area Games. The cleansing. In the end, of the 2.1 million Arme- products, such as screens, athletic goods, and games took place on Saturday, April 21 at the nians residing in Turkey at the start of World outdoor furniture. The fabric continues to be Veterans Park and Sport Complex in Carson, War I, only 100,000 would survive to see the Twitchell’s best selling product, keeping the California. end of hostilities. company in high-demand as it is one of only As a once aspiring Olympic athlete myself, And yet, despite clear evidence that geno- two manufacturers of PVC coated yarn and I have always supported the Special Olympics cide occurred, many officials today refuse to woven products in the U.S. and their goals. The Special Olympics of even to use the word genocide when referring Here in Congress, we regularly discuss the Southern California provides year-round sports to this incident. By equivocating, they not only many barriers that prevent job creation, such training and competitions for children and dishonor the victims of this atrocity and their as costly federal regulations that stand in the adults with intellectual disabilities, all at no descendents, they increase the chance that way of private sector growth. We are working cost to the athletes or their families. other crimes against humanity are met with to repeal these burdensome federal rules. We The Special Olympics, however, serves a similar equivocation. want to encourage small business owners who deeper purpose than simply recreation and Indeed, before sending the ‘‘Death’s Head’’ work hard to invest in their employees and competition. Special Olympic athletes gain the SS units into Poland with orders to ‘‘kill with- their products, not discourage them. The opportunity to develop physical fitness and out pity or mercy all men, women and chil- House of Representatives has passed nearly athletic skills, create relationships with other dren,’’ Adolph Hitler is reported to have com- 30 pro-growth jobs-bills to reduce the moun- athletes and community members, and dem- mented to his generals, ‘‘who still talks now- tain of federal regulations that limit an employ- onstrate the courage to achieve their dreams. adays of the extermination of the Armenians?’’ er’s ability to create jobs. We should never for- Within the Southern California chapter alone, When we fail to fully acknowledge that get: government does not create jobs; the pri- there are nearly 11,600 athletes and 15,000 genocide was perpetrated against the Arme- vate sector does. coaches and volunteers. These numbers illus- nian people in 1915, it becomes a little easier An economy built to succeed is an economy trate the popularity and far-reaching impact of to do the same today when we see similar that is built on a foundation of small business the games. atrocities unfold in Bosnia, or Rwanda or Iraq entrepreneurship. Operating on the principles The Special Olympics were first started in or Sudan. of persistence, innovation, and hard work, 1963 by Eunice Kennedy Shriver as a camp to Last week the world commemorated Inter- Twitchell is a model of American enterprise. It provide people with intellectual disabilities with national Holocaust Remembrance Day as peo- is a privilege for me to stand here today to physical fitness and sports. Five years later, ple everywhere gathered to renew our collec- honor the legacy of Twitchell and to recognize she organized the first International Special tive pledge to ‘‘Never Forget.’’ Today we gath- the many dedicated employees who have Olympics games, and athletes around the er for a similar purpose as we remember the made the company a success through the world have competed ever since. I am proud first genocide of the 20th century. We recall years. I congratulate them for reaching this to be a co-sponsor of the Eunice Kennedy the suffering of the Armenian people 97 years

VerDate Mar 15 2010 05:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K24AP8.008 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E633 ago and endeavor to ease the pain of their de- orders relating to educational and environ- and the public by advocating for the optimal scendants not only out of sympathy for what mental policies. On this day, the children also oral health of infants, children, and adoles- they have experienced, but to remind our- replace the parliamentarians in the Grand Na- cents. Dr. Chan is well suited to lead the Cali- selves that we must never allow it to happen tional Assembly and hold a special session to fornia Society of Pediatric Dentistry. His edu- again. discuss matters concerning children’s issues. cation, professional expertise, experience, f The importance of April 23 as a special day academic positions, hospital appointments, for children has spread to the international professional honors, professional association IN RECOGNITION OF MRS. IRENE community. The United Nations Children’s memberships, leadership skills, and commu- DUPLESSIS Fund (UNICEF) decided to recognize this im- nity service are outstanding. portant day as International Children’s Day. Dr. Chan’s professional honors include Fel- HON. JAMES P. McGOVERN Congratulations to the country of Turkey on lowships in the American College of Dentists, OF MASSACHUSETTS the occasion of National Sovereignty and Chil- Academy of Dentistry International, American IN THE HOUSE OF REPRESENTATIVES dren’s Day. Academy of Pediatric Dentists, Pierre Tuesday, April 24, 2012 f Fauchard Academy, and the International Col- lege of Dentists. Mr. MCGOVERN. Mr. Speaker, I rise today COMMEMORATING THE 97TH ANNI- He received the Citizen of the Year Award to ask the House of Representatives to join VERSARY OF THE ARMENIAN from Citizens for a Better Community and the me in recognizing Mrs. Irene Duplessis of GENOCIDE Southern Alameda County Dental Society’s Worcester, Massachusetts who turns 100 Douglas R. Franklin Distinguished Service years old on May 1, 2012. Irene is an active HON. SANDER M. LEVIN Award. Dr. Chan has served in numerous woman who enjoys spending time with her OF MICHIGAN leadership positions within the California Den- family, playing bingo, and participating in Elder IN THE HOUSE OF REPRESENTATIVES tal Association and the American Dental Asso- Summit Care. Today, I ask the House of Rep- Tuesday, April 24, 2012 ciation. He holds significant professional asso- resentatives to join me in wishing Mrs. Irene ciation memberships related to dentistry and is Duplessis a Happy 100th Birthday! Mr. LEVIN. Mr. Speaker, I rise today to join also a member of the American Society of As- f my colleagues in commemorating the 97th an- sociation Executives. niversary of the Armenian Genocide. Dr. Chan has not only distinguished himself APRIL 23 INTERNATIONAL Ninety-seven years ago, the government of in his profession but also continues to be a CHILDREN’S DAY the Ottoman Empire started a ruthless and prominent force in community service. He has systematic campaign of genocide against the served in leadership positions in the South HON. VIRGINIA FOXX Armenian people. Beginning with the targeted Bay Chinese Club Scholarship Foundation, OF NORTH CAROLINA execution of 300 Armenian leaders, this inten- Citizens for a Better Community, Fremont IN THE HOUSE OF REPRESENTATIVES tional attempt at extermination ultimately Chamber of Commerce Scholarship Founda- claimed the lives of over 1.5 million people Tuesday, April 24, 2012 tion, Fremont Library Commission, Wash- and forcibly exiled another 500,000. ington Hospital Foundation, Ohlone Commu- Ms. FOXX. Mr. Speaker, Turkish-Americans And despite these chilling numbers and a nity College and has engaged in numerous and Turkish people throughout the world are clear historical record of fact, there remains a civic activities to support the City of Fremont. commemorating April 23 as National Sov- failure to acknowledge this vast human trag- Dr. Chan has truly been a leader of Orga- ereignty and Children’s Day and I happily join edy for what it truly is: genocide. That is why nized Dentistry—having served as President them. it is essential that we continue to speak out of the California Dental Association and now On April 23, 1920, during the War of Inde- and solemnly commemorate the Armenian as President of his specialty, Pediatric Den- pendence, the Grand National Assembly met Genocide. Accordingly, I am proud to support tistry. He has worked to improve the quality in Ankara to lay the foundation of a new, inde- a resolution this session of Congress that af- and access to oral health for all individuals as pendent, and secular Republic, born from the firms the U.S. record on the Armenian Geno- well as advocating for the dental profession. ashes of the Ottoman Empire. President cide and honors its victims and survivors. I am confident Dr. Chan will be a dynamic Mustafa Kemal Atatu¨rk openly declared that it By acknowledging this dark chapter of leader of the California Society of Pediatric was absolutely necessary to form a govern- human history, we help protect against the Dentistry and I offer my congratulations and ment that would be the ‘‘destiny of the coun- possible creation of a violent culture of impu- best wishes to him. try’’ governed ‘‘by the determination and will of nity. We cannot allow past acts of evil to be f the Turkish nation as expressed in the Grand erased from our collective consciousness if we National Assembly.’’ are to prevent similar tragedies from occurring TRIBUTE TO TELACU FOR ITS President Atatu¨rk dedicated April 23 to the in the future. COMMITMENT TO THE ADVANCE- children of the country to emphasize that they In closing, I encourage all my colleagues to MENT AND EMPOWERMENT OF are the future of the new nation. take time today to remember and honor the LATINOS Following the victory over invading forces victims and survivors of the Armenian Geno- and the signing of the Treaty of Lausanne on cide. HON. JOE BACA July 24, 1923, Atatu¨rk began to create the first f OF CALIFORNIA predominantly Muslim secular, pluralistic, and IN THE HOUSE OF REPRESENTATIVES westward-looking democracy. Over the next IN RECOGNITION OF STEVEN DANA eight years, Atatu¨rk embarked on ambitious CHAN, D.D.S Tuesday, April 24, 2012 and sweeping reforms in education, women’s Mr. BACA. Mr. Speaker, it is with great rights, and the judicial system. Today, Turkey HON. FORTNEY PETE STARK honor that I rise today and ask Congress to stands as a model for other countries looking OF CALIFORNIA recognize June 8th as TELACU Scholars Day. to shed their past and join the international IN THE HOUSE OF REPRESENTATIVES The TELACU Education Foundation was es- community of democratic countries. tablished by TELACU in 1983 to respond to Every year, the children in Turkey celebrate Tuesday, April 24, 2012 crisis-level dropout rates for Latino Students. this National Sovereignty and Children’s Day Mr. STARK. Mr. Speaker, I rise today to pay As the largest community and economic de- as a national holiday. Schools participate in tribute to Dr. Steven Chan. Dr. Chan was re- velopment corporation in the United States, week-long ceremonies marked by perform- cently installed, on March 30, 2012, as the TELACU is a pioneering institution committed ances in all fields in large stadiums watched 38th President of the California Society of Pe- to service, empowerment, advancement and by the entire nation. Among the activities in- diatric Dentistry. Dr. Chan is a Pediatric Dental the creation of self-sufficiency within the Latino cluded on this day is one in which the children Specialist and has practiced in Fremont, Cali- community. send their peer representatives to work with fornia for over twenty-eight years. With a pa- Realizing the high dropout rates for Latino state officials and high ranking bureaucrats in tient base of thousands, he has helped two students, the TELACU Education Foundation their offices. The President, the Prime Min- generations of patients grow up with healthy, responded by investing in our youth through ister, the Cabinet Ministers, and provincial beautiful smiles. education to create a strong future for our governors all work with children in their of- The mission of the California Society of Pe- country. TELACU began its efforts to reverse fices. These children, in turn, sign executive diatric Dentistry is to serve the membership high dropout rates among Latino students by

VerDate Mar 15 2010 04:53 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.030 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS E634 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2012 providing monetary support and counseling for Mr. Grabill grew up in Washington, DC, and economy that followed. But, when called upon first generation and low income students. The attended Yale University and the University of to do so, they defended and then rebuilt our TELACU Scholarship Program is an exem- Pennsylvania law school. He met his wife, country. Their patriotism, service, and great plary program that helps students realize their Dorothy Battenfeld in West Virginia, and, in sacrifice not only defined their generation— dream of a college education by providing 1981, settled with his family in Santa Rosa. they stand as a testament to the fortitude of scholarships and supplemental support. He served for 14 years as directing attorney our nation. Although TELACU understands that finan- for California Rural Legal Assistance (CRLA), I am tremendously proud to welcome the cial assistance is a vital component for college working on behalf of California’s rural poor. veterans on the Quad City Honor Flight to our students to achieve academic success, it also He soon joined with other attorneys during nation’s capital today. On behalf of every recognizes the underlying challenges many the Reagan administration to obtain an injunc- Iowan I represent, I thank them for their serv- young adults face including socioeconomic tion prohibiting the federal government from ice to our country. factors, family responsibilities, cultural identity, detaining any individual merely to investigate f and financial solvency. Students who are the her/his immigration status unless they had first member of their families to pursue a col- RECOGNIZING REVEREND OLDER- reasonable grounds to believe the person was SHAW’S 50 YEARS OF SERVICE lege degree often must make their own aca- not legally in the Country. He also served for demic support system in order to achieve their many years on the Board of the Sonoma dreams. TELACU understands these chal- County ACLU Chapter where he provided sig- HON. JANICE D. SCHAKOWSKY lenges. nificant pro bono legal support on various OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES For nearly three decades, the Education issues. Foundation has worked to remove the formi- Today David Grabill specializes locally in Tuesday, April 24, 2012 dable barriers that often prevent Latino youth cases involving affordable housing and hous- Ms. SCHAKOWSKY. Mr. Speaker, I rise from achieving academic success and pro- ing discrimination. With the Housing Advocacy today to recognize a man who has spent 50 viding them with professional role models and Group (HAG) that he started with friends in years serving our local community with great academic support. The TELACU Scholarship 1998, he focuses his efforts on creating more distinction: Reverend Robert H. Oldershaw. Program provides its youth not only with mon- affordable housing and combating discrimina- Father Oldershaw is a native of Evanston, Illi- etary assistance, but with the counseling, tion against lower income, mostly Latino and nois, and that is where he continues to make leadership training, and time management African American, residents. his mark even today. training necessary to help students achieve Mr. Speaker, David Grabill has dedicated After being ordained a Catholic priest in their dreams. his life to the advancement of social justice 1962, Father Oldershaw worked hard in par- I am proud of the way the TELACU Edu- and human rights. Please join me in congratu- ishes across Chicago—serving communities in cation Foundation has contributed to the de- lating him on the Sonoma ACLU’s Jack Green Hyde Park, downtown Chicago and Lincoln velopment of our future Latino leaders. Each Civil Liberties Award. Park before landing back at St. Nicholas Par- year, TELACU supports 500 Latino college f ish in his hometown in 1988. Evanston has students and 1,500 middle and high school benefited from his outreach ever since. Father students. In each program, 100% of the stu- HONORING THE VETERANS OF THE Oldershaw retired in 2006, after almost 20 dents graduate. APRIL 24, 2012, QUAD CITIES years in our City. He continues to serve as Mr. Speaker, I ask my colleagues to join me HONOR FLIGHT pastor emeritus at St. Nicholas, and I am today to honor TELACU, the TELACU Edu- happy to say he is a constant and welcome cation Foundation and scholarship programs HON. DAVID LOEBSACK figure in our neighborhood. like this one, for believing in the dream of OF IOWA Father Oldershaw has made significant con- higher education for all of America’s next gen- IN THE HOUSE OF REPRESENTATIVES tributions to the Catholic Church. For a num- eration of leaders. I extend my congratulations Tuesday, April 24, 2012 ber of years while working in Chicago he to the TELACU scholars and the people who served as the Associate Director for Music of make their dreams a reality as they celebrate Mr. LOEBSACK. Mr. Speaker, today I have the Archdiocesan Office for Divine Worship. In the 29th Annual TELACU Education Founda- the great honor of welcoming veterans of the this role he worked to help parishes across tion Scholarship Awards Dinner, Building the Greatest Generation to our nation’s capital. the Chicago area adapt to the then-recent Dream, on Friday, June 8th, 2012. Accompanied by volunteer guardians, these changes stemming from the Second Vatican f veterans from the Quad Cities have travelled Council. He has also written a number of arti- HONORING DAVID GRABILL to Washington, DC from Iowa and Illinois to cles and pieces of music over the years, and visit the monument that was built in their serves as the liturgical editor of Worship— honor. Third Edition (GIA Publications)—a hymnal HON. LYNN C. WOOLSEY For many of these veterans, today will be OF CALIFORNIA used in Catholic churches across the country. the first time they have seen the National IN THE HOUSE OF REPRESENTATIVES In 1999 Father Oldershaw was featured in a World War II Memorial. I am deeply honored documentary entitled A Justice That Heals. Tuesday, April 24, 2012 to have been invited to join them when they This documentary tells the story of how he Ms. WOOLSEY. Mr. Speaker, I rise today to see their memorial for the first time and to brought together and fostered forgiveness be- honor David Grabill, a lawyer in Santa Rosa, have the opportunity to personally thank these tween the family of a murder victim and the in- CA, who is receiving the Jack Green Civil Lib- heroes. dividual who killed their son. Activities such as erties Award from the Sonoma County Chap- I am proud to have a piece of marble from these were commonplace for a man who has ter of the Northern California American Civil the quarry that supplied the stone that built the devoted his life to serving his parish and the Liberties Union (ACLU). This award is pre- World War II Memorial in my office. Like the community as a whole. sented annually to a leader who has advanced memorial that it built, that piece of marble re- In addition to his parish duties, Father the cause of social justice in the community. minds me of the sacrifices of a generation of Oldershaw was (and remains) extremely ac- During his 45 years of practice, David Americans. When our country was threatened, tive in the Evanston community. He is involved Grabill has represented individuals and groups they rose to defend not just our nation but the in a large number of organizations furthering in civil rights cases not only in our community, freedoms, democracy, and values that make the public good. He served as co-president of but in places like Gary, Indiana; Pine Ridge In- our country the greatest nation on earth. They the Evanston Ecumenical Action Council (now dian Reservation in South Dakota; Charleston, did so as one people and one country. Their known as Interfaith Action of Evanston), as a West Virginia; and Delano and Escondido, sacrifices and determination in the face of member of the board of directors of St. California. He assisted in Robert Kennedy’s great threats to our way of life are still hum- Francis Hospital, and has spent over a decade presidential campaign, represented members bling and inspiring today. as a chaplain with the Evanston Police De- of the Black Panther Party in Los Angeles, The sheer magnitude of what the Greatest partment. Each of these roles has left an in- and worked with the United Farm Workers on Generation accomplished, not just in war but delible impact on our local community and we union rights. He has also extended his prac- in the peace that followed, continues to inspire are lucky to have had him working among us tice to welfare and reproductive rights, Native us today. They did not seek to be tested both for so long. American legal services, black lung, labor mat- abroad by a war that fundamentally chal- Father Oldershaw also deserves praise for ters, and others, giving his time and expertise lenged our way of life and at home by the his social justice work. He is an active mem- to those in need of legal services. Great Depression and the rebuilding of our ber of Priests for Justice for Immigrants, and

VerDate Mar 15 2010 04:53 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.035 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E635 he regularly visits detainees at McHenry imum necessary to address our most impor- to be self-sufficient, productive members of County Jail. He is also a board member of tant healthcare crisis. Already, chronic dis- society and to bridge the gaps that exist be- Solidarity Bridge, whose mission is to heal and eases, many of which are caused or exacer- tween cultures, languages, and generations. empower poor people living in Bolivia through bated by overweight or obesity, account for 70 I thank the many community organizations providing critical medical care and support for percent of all deaths in the U.S., and 60 per- and volunteers for their efforts to ensure the Fair Trade cooperatives. cent of U.S. medical care expenses annually. success of the Cambodian New Year Festival. On behalf of myself, our community, and a According to the Surgeon General’s Call to Most importantly, I thank the CCC for pro- grateful nation, I want to say thank you, Father Action to Prevent and Decrease Overweight viding this opportunity to experience and ap- Oldershaw, for all you have done and continue and Obesity, the cost of obesity in the United preciate the people and culture of Cambodia. to do for us. States was more than $117 billion in 2000. I Congratulate the CCC on another successful f The CDC highlights a study that estimates the Cambodian New Year Festival and I look for- annual cost to be $147 billion. Currently, it is ward to next year’s festivities. THE INTRODUCTION OF THE LIFE- estimated that between 300,000 and 400,000 Happy Cambodian New Year! LONG IMPROVEMENTS IN FOOD deaths per year are related to obesity. f AND EXERCISE ACT (LIFE) A focused national health initiative is nec- U.S. CITIZEN OF DISTINCTION essary because unhealthy lifestyles have be- HON. ELEANOR HOLMES NORTON come a normal part of everyday life. Participa- HON. HENRY C. ‘‘HANK’’ JOHNSON, JR. OF THE DISTRICT OF COLUMBIA tion in high school physical education classes OF GEORGIA IN THE HOUSE OF REPRESENTATIVES has dropped from 42 percent in 1991 to 33 IN THE HOUSE OF REPRESENTATIVES Tuesday, April 24, 2012 percent in 2005. National data show an in- crease in unhealthy eating habits for adults Tuesday, April 24, 2012 Ms. NORTON. Mr. Speaker, now that the and no change in physical activity. Changes in Mr. JOHNSON of Georgia. Mr. Speaker, cherry blossoms have signaled that spring has nutrition are equally critical because 60 per- Whereas, our lives have been touched by the come, I introduce the Lifelong Improvements cent of young people consume too much fat, life of this one woman . . . who has given of in Food and Exercise Act (LIFE), authorizing a a factor doubling the percentage of overweight herself to her community and family; and national initiative to attack a major health youth. Whereas, Mrs. Eileen Samuel’s spirit is problem in the United States that cannot be I urge my colleagues to join me in support present in Birmingham, Alabama for all to see, remedied through the health care system of this important legislation to mobilize the being a nurse, neighbor and friend; and alone. Growing problems of overweight and country now, before entirely preventable Whereas, this giant of a woman was born in obesity are now found in Americans of every health conditions, that often begin in children, Birmingham, Alabama to Mr. Dewey and Mrs. age, race, and major demographic group, and overwhelm the Nation’s health care system. Dellie Barnes on February 6, 1943, she has threatens the health of Americans like no f been on the move ever since as a woman of other single disease or condition does. In fact, God; and the key to eliminating many of the most seri- RECOGNIZING CAMBODIAN NEW Whereas, this remarkable woman gave of ous health conditions is reducing overweight YEAR herself, her time, her talent and her life; she and obesity, not even the much need Afford- never asked for fame or fortune just fairness able Care Act. The LIFE bill would provide HON. LAURA RICHARDSON for the people, she was our quiet storm, a $25 million in funding to the Centers for Dis- OF CALIFORNIA spark that starts a flame; and ease Control and Prevention (CDC) for a co- IN THE HOUSE OF REPRESENTATIVES Whereas, Mrs. Eileen Samuel led by doing ordinated national effort to reverse increas- behind the scenes, she encouraged all those ingly sedentary lifestyles and diets that are Tuesday, April 24, 2012 around her who wanted to make a difference, high in fat and sugar. Ms. RICHARDSON. Mr. Speaker, I rise be it her children, her elected officials, her Despite rising consciousness of this epi- today to ask the House to join me in acknowl- neighbors and her church members at Oak demic, from NBC’s ‘The Biggest Loser’ to a edging the New Year, the year of the dragon. Street Baptist Church; she was a virtuous steady stream of diet books, startling rates of The Cambodian New Year is one of the woman, a woman of great integrity who re- obesity among adults and children continue in major celebrations in the Cambodian culture. mained true to the uplifting of her community the United States. In 2007, estimates from the This time of year also represents the end of which in turn uplifted my community in Geor- CDC National Center for Health Statistics the harvest season and allows farmers to gia through her daughter DeKalb County Com- showed that the percentage of children who enjoy the fruits of their harvest. The celebra- missioner Sharon Barnes Sutton; and are overweight has more than doubled, and tion lasts for three days which during this time Whereas, the U.S. Representative of the among adolescents, the rates have tripled they spend time visiting family and friends. Fourth District of Georgia has set aside this since 1980. Today, 13 million overweight chil- Each day has a name and activities that honor day to bestow a Congressional Recognition on dren have an 80 percent chance of being the elder’s for their sacrifice for the younger Mrs. Eileen Samuel for her leadership, friend- overweight adults, with the health conditions generation. ship and service to all of the citizens through- that follow, such as high blood pressure, heart I am proud that more Cambodians reside in out the Nation; a citizen of great worth and so disease, and cancer. The CDC reports that Long Beach, which is located in my Congres- noted distinction; Type 2 diabetes, considered an adult disease, sional District, than anywhere outside of the Now therefore, I, HENRY C. ‘‘HANK’’ JOHN- is now widespread in children. The healthcare nation of Cambodia. This past Saturday, April SON, Jr., do hereby attest to the 112th Con- system and the insurance premium of average 21, 2012, nearly 20,000 people celebrated the gress that Mrs. Eileen Samuel of Birmingham, Americans are paying the price for this gen- Cambodian New Year in El Dorado Regional Alabama is deemed worthy and deserving of eration. The consequences for kids will follow Park in the city of Long Beach. Long Beach this ‘‘Congressional Recognition’’—Mrs. Eileen them throughout their lives if we do not act certainly was the place to celebrate Cam- Samuel, U.S. Citizen of Distinction in the 4th quickly and decisively. If we are serious about bodian New Year! I consider the opportunity to Congressional District of Georgia. healthcare, we must start where the most seri- celebrate the Cambodian New Year every Proclaimed, this 10th day of March, 2012. ous health conditions begin: in the epidemic of year as one of the great privileges associated f overweight and obesity. with being a Member of Congress from the RECOGNITION OF DAVID HINDER- The LIFE bill seeks to provide the first na- 37th Congressional District. LITER FOR HIS SERVICE AS tional strategy by directing the CDC to pursue I congratulate the Cambodian-Coordinating PRESIDENT AND CEO OF THE obesity and sedentary lifestyles in three ways: Council (CCC) for organizing this especially KANKAKEE REGIONAL CHAMBER train health professionals to recognize the unique and uplifting event, which is one of the OF COMMERCE signs of obesity early and educate people con- highlights of the spring season every year in cerning healthy lifestyles, such as proper nutri- the 37th Congressional District. This is espe- tion and regular exercise; conduct education cially gratifying to me since as a Long Beach HON. ADAM KINZINGER OF ILLINOIS campaigns to teach the public about how to City Councilperson I worked closely with the IN THE HOUSE OF REPRESENTATIVES recognize and address overweight and obe- members of the Cambodian community to en- sity; and develop intervention strategies to be sure the festival continues to be held in Long Tuesday, April 24, 2012 used in everyday life at worksites and in com- Beach and know firsthand how the CCC has Mr. KINZINGER of Illinois. Mr. Speaker, it is munity settings. This legislation is the min- assisted the Cambodian-American population my honor to rise today to recognize David

VerDate Mar 15 2010 05:26 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.038 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS E636 CONGRESSIONAL RECORD — Extensions of Remarks April 24, 2012 Hinderliter for his outstanding service as the Ms. Wilson’s many years of service have Had I been present, I would have voted President and CEO of the Kankakee Regional produced impressive results. South Carolina’s ‘‘no.’’ Chamber of Commerce. During his impressive mileage death rate plummeted from 3.7 per f 20 years as the head of the Association, Dave 100 million miles of travel in 1986 to its lowest oversaw the creation of many successful pro- recorded level of 1.65 in 2010. In 2005, Ms. IN RECOGNITION OF THE ASIAN grams and organizations, leading to recogni- Wilson worked closely with state legislators PACIFIC STATE EMPLOYEES AS- tion and four star accreditation of the Associa- when they passed primary seat belt legisla- SOCIATION tion by the U.S. Chamber of Commerce. tion; in 2008, South Carolina’s safety belt Dave began his service at the Association usage rate climbed to 79 percent, the highest HON. DORIS O. MATSUI as the Ambassador to the Chamber and rate ever recorded. SCDOT’s High Visibility OF CALIFORNIA served multiple terms as the Chairman of the Work Zone Safety Program had dramatic re- IN THE HOUSE OF REPRESENTATIVES Government Affairs Committee of the Illinois sults during its three-year duration from 2002 Tuesday, April 24, 2012 Association of Chamber of Commerce Execu- to 2005, with a 39.2 percent reduction in work tives. In this position, he led the effort to cre- zone crashes, a 44.1 percent reduction in Ms. MATSUI. Mr. Speaker, I rise today in ate a very successful Illinois Chamber Execu- work zone injuries, and a 50 percent reduction recognition of the California Asian Pacific tive education program. in work zone fatalities. It is no exaggeration to State Employees Association, and their mem- While Dave’s accomplishments as Executive say that Ms. Wilson’s work has saved lives. bers, as they gather to raise scholarship funds have been many, his service to the Associa- Throughout her career, Ms. Wilson has gar- for local high school students. I ask my col- tion represents only a portion of his service to nered national recognition for her able service. leagues to join me in honoring this generous the profession and the community. Often de- In 1991, she received a Special Recognition organization. flecting credit for success to those with whom Award from the National Traffic Safety Admin- The Asian Pacific State Employees Associa- he serves, Dave represents the epitome of istration, NTSA, for promoting and imple- tion was founded in 1975 with the goal of as- leadership, enabling others around him to menting a statewide education and enforce- sisting its members while they work for the excel and succeed. In addition to his commit- ment campaign. In 1992 and 1999, she re- State of California, and to encourage state ment to the Kankakee business community, ceived the NTSA’s National Award for Public employees to give back through a variety of Dave also finds time to coach his children’s Service. She received the Award of Merit from community projects. Located in all of the major soccer teams and lead his son’s Scout troop. the National Sheriffs’ Association in 1993 for urban centers in the state, APSEA’s members He is a devoted husband to Diane Hinderliter, promoting and implementing the Rural Sher- work for a wide variety of California govern- iffs’ Traffic Safety Initiative. In 2004, she was and father to Andrew, Amanda, and Cameron ment agencies. named the winner of the President’s Transpor- Hinderliter. APSEA’s annual scholarship dinner raises Once again, I am humbled to honor Dave tation Award by the American Association of funds and recognizes numerous young men State Highway and Transportation Officials. for his distinguished service to the Associa- and women who are involved in rigorous aca- Three years later, the ‘‘Let’em Work, Let’em tion, the Chamber community, and the people demic studies, dedicate their time to Asian Live’’ campaign, which Ms. Wilson directed, and business owners of the Kankakee Region and Pacific Islander causes, or are involved was awarded the National Roadway Safety and wish him all the best in his future endeav- with the Ronald McDonald House Charity. Award by the Federal Highway Administration ors. This dinner has provided additional scholar- and National Roadway Safety Foundation. f ship funds for many local students who are South Carolinians are proud to see one of our committed to making their community better. TRIBUTE TO TERECIA WILSON own. so well regarded by her colleagues Mr. Speaker, I am honored to celebrate this around the country, and we are fortunate that fantastic organization, their members, and her exemplary service has been to our benefit. their annual dinner. They are a shining exam- HON. JAMES E. CLYBURN Ms. Wilson is a proud wife and mother, and ple of community service and community OF SOUTH CAROLINA I know that she is looking forward to being pride. I am confident that APSEA will continue IN THE HOUSE OF REPRESENTATIVES able to spend more time with her family in re- the tradition of giving selflessly and helping Tuesday, April 24, 2012 tirement. Mr. Speaker, I ask that the House others with their organization and events, and join me in congratulating Ms. Terecia Wilson Mr. CLYBURN. Mr. Speaker, I rise today to I ask all my colleagues to join me in honoring pay tribute to Ms. Terecia Wilson on the occa- on this well-deserved retirement. I wish her good health and godspeed. their outstanding commitment to their commu- sion of her retirement from the South Carolina nity and their continued work to help students Department of Transportation. Since 1984, f succeed. Ms. Wilson has worked to improve highway PERSONAL EXPLANATION f safety in South Carolina, and as a result of her extraordinary service, all South Carolinians STOP DENYING THE ARMENIAN HON. LOUISE McINTOSH SLAUGHTER GENOCIDE are safer on our state’s roads. She has been OF NEW YORK an invaluable resource to me and my staff IN THE HOUSE OF REPRESENTATIVES over the years, and we will miss working with Tuesday, April 24, 2012 HON. JAMES P. McGOVERN her. OF MASSACHUSETTS Ms. SLAUGHTER. Mr. Speaker, I was un- Most recently, Ms. Wilson has served as IN THE HOUSE OF REPRESENTATIVES Training, Safety and Security Program Man- avoidably detained and missed rollcall vote ager for the Office of Public Transit in the Divi- Nos. 152, 153, 154, 155, 156, 157, 158, 159, Tuesday, April 24, 2012 sion of Intermodal and Freight Programs for 160, 161, 162, 163, 164, 165, 166, 167, 168, Mr. MCGOVERN. Mr. Speaker, today marks the South Carolina Department of Transpor- 169, 170, 171, 172, 173, 174, 175, 176. Had the 97th Anniversary of the terrible period of tation, SCDOT, managing the statewide Rural I been present, I would have voted ‘‘aye’’ on atrocities committed against the Armenian Transit Assistance Program. From 1999 to rollcall vote Nos. 152, 153, 158, 159, 160, people by the leaders of the Ottoman Empire 2007, Ms. Wilson served as Director of Safety 161, 163, 169, 171, 175, 176. I would have and immediate subsequent Turkish govern- at SCDOT. In this capacity, she developed, voted ‘‘no’’ on rollcall vote Nos. 154, 155, 156, ment that is known as the Armenian Geno- implemented, and administered roadway and 162, 164, 165, 166, 167, 168, 170, 172, 173, cide. occupational safety programs to improve safe- 177. Every year I have been in Congress, I have ty for highway workers and drivers alike, as f marked this solemn anniversary remembering well as administering management, claims, PERSONAL EXPLANATION the victims of this genocide and the expulsion and toll operations for the agency. Before join- of tens of thousands of Armenians from their ing SCDOT, she served at the South Carolina homes and homeland, and honoring the sur- Department of Public Safety, where she, HON. ED PERLMUTTER vivors of one of the greatest tragedies of the OF COLORADO among other responsibilities, coordinated the 20th Century. These survivors and their de- IN THE HOUSE OF REPRESENTATIVES 402 State and Community Highway Safety scendants have helped awaken and teach the Program, managed numerous successful high- Tuesday, April 24, 2012 world to the horrors of genocide and the ne- way safety public information and education Mr. PERLMUTTER. Mr. Speaker, on rollcall cessity of standing up to the forces of denial. programs, and sought and secured millions of No. 177 I inadvertently missed the vote on This year, however, Mr. Speaker, I come dollars in needed funding. rollcall No. 177. I intended to vote ‘‘no.’’ before this House angry and frustrated by the

VerDate Mar 15 2010 03:09 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K24AP8.010 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS April 24, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E637 refusal of my own government to recognize RECOGNIZING THE CHURCH OF ST. Good Ground, a portion of present day Hamp- and identify the events from 1915 to 1923 as MARY ton Bays. Its Norman architecture is accen- the Armenian Genocide. It doesn’t seem to tuated by slate and tile floors, varying peaked make a difference if the White House is occu- HON. TIMOTHY H. BISHOP tile roofs and English oak pews and paneling. pied by a Republican or a Democrat, no one OF NEW YORK The stained glass windows in the baptistery has the political courage to call the Armenian IN THE HOUSE OF REPRESENTATIVES and above the altar are the work of Otto W. Heinigke, one of the foremost stained glass Genocide by name. I am always told that now Tuesday, April 24, 2012 artists in the country. The church building, rec- is not the right time to take such an action. Mr. BISHOP of New York. Mr. Speaker, I ognized as one of the most beautiful small When will be the right time, Mr. Speaker? rise to recognize the Church of St. Mary in churches in America, was consecrated on Hampton Bays, New York as it celebrates one When the last survivor, the last eye-witness to September 4, 1920 by the Right Rev. Fred- hundred years of ministry and worship. I offer erick Burgess, Bishop of Long Island. In 1966, the genocide has passed away? Every year, my congratulations to the rector, wardens, the church was granted parish status after 52 when I join the commemoration of the Arme- vestry and congregation of St. Mary’s Epis- years as a mission. nian Genocide in Worcester, Massachusetts, copal Church, a beautiful and historic church there are fewer and fewer survivors. that stands as a testament to the devotion of The current rector, the Rev. Bernadette M. Sullivan, is the first woman to serve as the I understand the need for careful political its members. From its modest beginnings in the home of church’s spiritual leader. In 2001, the rector consideration of these matters, but we have Earl B. Squires in 1912 to its present-day po- volunteered St. Mary’s as the first church to waited too long as it is. sition as the first and most active partner in an commit to participate in the Maureen’s Haven It is past time to recognize the Armenian outreach program to the East End’s homeless, Ministry to the homeless. Many members of Genocide, by name, Mr. Speaker. I call on the St. Mary’s has been a vital part of the commu- the congregation have been inspired to be- President to do so, now, this year, for the nity. On March 26, 1912, the Reverend Sam- come involved. After ten years, more than 30 other churches are participating in the pro- sake of the last survivors of this atrocity and uel Centennial Fish conducted the first service gram providing beds, hot food and counseling in honor of all of those who perished. in the home of Earl Squires opposite the present location of the church at 165 for more than 252 guests. Ponquogue Avenue. Mr. Speaker, I am proud to have such a In 1917, Virginia Taylor Hardy donated the strong and long-standing congregation in the property and present church, nestled amid a First Congressional District of New York, and grove of oak trees, to serve the population of I offer best wishes for the future.

VerDate Mar 15 2010 04:53 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A24AP8.046 E24APPT1 tjames on DSK6SPTVN1PROD with REMARKS Tuesday, April 24, 2012 Daily Digest Senate motion to proceed to consideration of S. 1925, to re- Chamber Action authorize the Violence Against Women Act of 1994. Routine Proceedings, pages S2613–S2661 Pages S2615–16, S2630–34 Measures Introduced: Seven bills and three resolu- A unanimous-consent-time agreement was reached tions were introduced, as follows: S. 2339–2345, and providing for further consideration of the motion to S. Res. 432–434. Page S2655 proceed to consideration of the bill at approximately 9:30 a.m., on Wednesday, April 25, 2012, and that Measures Reported: following the remarks of the two Leaders, the time S. 237, to amend title 31, United States Code, to until 2 p.m. be equally divided and controlled be- enhance the oversight authorities of the Comptroller tween the two Leaders, or their designees, with the General, with amendments. (S. Rept. No. 112–159) Republicans controlling the first 30 minutes and the Page S2655 Majority controlling the second 30 minutes; pro- Measures Passed: vided further, that the Republicans control the time Surface Transportation Extension Act: Pursuant from 11:30 a.m. until 12:30 p.m., and the Majority to the order of March 7, 2012, Senate passed H.R. control the time from 12:30 p.m. until 1:30 p.m. 4348, to provide an extension of Federal-aid high- Page S2661 way, highway safety, motor carrier safety, transit, National Labor Relations Board: Senate contin- and other programs funded out of the Highway ued consideration of the motion to proceed to con- Trust Fund pending enactment of a multiyear law sideration of S.J. Res. 36, providing for congressional reauthorizing such programs, as amended, after strik- disapproval under chapter 8 of title 5, United States ing all after the enacting clause and inserting in lieu Code, of the rule submitted by the National Labor thereof the text of S. 1813, to reauthorize Federal- Relations Board relating to representation election aid highway and highway safety construction pro- procedures. Pages S2616–27, S2634–51 grams, as amended and passed by the Senate, and During consideration of this measure today, Senate pursuant to the order of March 7, 2012, insisted on also took the following action: its amendment, requested a conference with the By 45 yeas to 54 nays (Vote No. 68), Senate did House thereon, and the Chair was authorized to ap- not agree to the motion to proceed to consideration point the following conferees on the part of the Sen- of the joint resolution. Page S2634 ate: Senators Boxer, Baucus, Rockefeller, Durbin, 21st Century Postal Service Act—Agreement: Johnson (SD), Schumer, Nelson (FL), Menendez, Senate resumed consideration of S. 1789, to improve, Inhofe, Vitter, Hatch, Shelby, Hutchison, and sustain, and transform the United States Postal Serv- Hoeven. Page S2615 ice, taking action on the following amendments and Dia de los Ninos: Celebrating Young Ameri- motions proposed thereto: Page S2634 cans: Senate agreed to S. Res. 432, designating April Adopted: 30, 2012, as ‘‘Dia de los Ninos: Celebrating Young Tester Modified Amendment No. 2056 (to Americans’’. Page S2660 Amendment No. 2000), to modify the process for National Child Abuse Prevention Month: Senate closing or consolidating post offices and postal facili- agreed to S. Res. 433, designating April 2012 as ties. (A unanimous-consent agreement was reached ‘‘National Child Abuse Prevention Month’’. providing that the requirement of a 60 affirmative Pages S2637–39 Page S2660 vote threshold, be vitiated.) Coburn Amendment No. 2060 (to Amendment Measures Considered: No. 2000), to provide transparency, accountability, Violence Against Women Reauthorization Act— and limitations of Government sponsored con- Agreement: Senate continued consideration of the ferences. (A unanimous-consent agreement was D387

VerDate Mar 15 2010 04:47 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D24AP2.REC D24APPT1 tjames on DSK6SPTVN1PROD with DIGEST D388 CONGRESSIONAL RECORD — DAILY DIGEST April 24, 2012 reached providing that the requirement of a 60 af- 19, 2012, the amendment having failed to achieve firmative vote threshold, be vitiated.) Pages S2639–40 60 affirmative votes, was not agreed to.) Wyden Modified Amendment No. 2020 (to Pages S2640–41 Amendment No. 2000), to require the Postal Service By 33 yeas to 65 nays (Vote No. 71), Coburn to consider the effect of closing or consolidating a Modified Amendment No. 2061 (to Amendment postal facility on the ability of the affected commu- No. 2000), to achieve long-term cost-savings by al- nity to vote by mail and to provide for a morato- lowing the Postmaster General to reduce the postal rium on the closing or consolidation of post offices workforce through mandatory retirements for eligible and postal facilities to protect the ability to vote by employees. (Pursuant to the order of Thursday, April mail. (A unanimous-consent agreement was reached 19, 2012, the amendment having failed to achieve providing that the requirement of a 60 affirmative 60 affirmative votes, was not agreed to.) vote threshold, be vitiated.) Page S2641 Pages S2642–43 Coburn Modified Amendment No. 2058 (to By 43 yeas to 56 nays (Vote No. 72), Udall (NM) Amendment No. 2000), to improve access to postal Modified Amendment No. 2043 (to Amendment services in communities potentially affected by a No. 2000), to strike the limitations on changes to postal closing or consolidation. (A unanimous-con- mail delivery schedule, with an offset. (Pursuant to sent agreement was reached providing that the re- the order of Thursday, April 19, 2012, the amend- quirement of a 60 affirmative vote threshold, be viti- ment having failed to achieve 60 affirmative votes, ated.) Pages S2641–42 was not agreed to.) Pages S2644–45 McCaskill Modified Amendment No. 2031 (to By 46 yeas to 53 nays (Vote No. 73), Akaka Amendment No. 2000), to prohibit the closing of a Amendment No. 2034 (to Amendment No. 2000), rural post office unless certain conditions are met to provide appropriate workers compensation for and to establish a moratorium on the closing of rural Federal employees. (Pursuant to the order of Thurs- post offices. (A unanimous-consent agreement was day, April 19, 2012, the amendment having failed reached providing that the requirement of a 60 af- to achieve 60 affirmative votes, was not agreed to.) Pages S2643–44 firmative vote threshold, be vitiated.) Pages S2646–47 Snowe Modified Amendment No. 2080 (to By 29 yeas to 70 nays (Vote No. 74), Corker Amendment No. 2000), to require the Postal Rate Amendment No. 2083 (to Amendment No. 2000), Commission to evaluate area mail processing studies. to improve the bill. (Pursuant to the order of Thurs- (A unanimous-consent agreement was reached pro- day, April 19, 2012, the amendment having failed viding that the requirement of a 60 affirmative vote to achieve 60 affirmative votes, was not agreed to.) threshold, be vitiated.) Page S2644 Durbin Modified Amendment No. 2082 (to Page S2649 Amendment No. 2000), to prohibit the Postal Serv- By 57 yeas to 42 nays (Vote No. 75), Akaka ice from closing, consolidating, or reducing the Amendment No. 2049 (to Amendment No. 2000), workforce of certain postal facilities. (A unanimous- to allow supervisory and other managerial organiza- consent agreement was reached providing that the tions to participate in the planning and development requirement of a 60 affirmative vote threshold, be of changes in, or termination of, pay policies and schedules and fringe benefit programs. (Pursuant to vitiated.) Pages S2645–46 Bennet Modified Amendment No. 2047 (to the order of Thursday, April 19, 2012, the amend- Amendment No. 2000), to establish citizen’s service ment having failed to achieve 60 affirmative votes, protection advocates, to require the Strategic Advi- was not agreed to.) Pages S2649–50 sory Commission on Postal Service Solvency and In- By 35 yeas to 64 nays (Vote No. 76), Paul novation to study the advisability of the Postal Serv- Amendment No. 2025 (to Amendment No. 2000), ice entering into inter-agency agreements with re- to end the mailbox use monopoly. (Pursuant to the spect to post offices, and to require the Postal Serv- order of Thursday, April 19, 2012, the amendment ice to develop a strategic plan for entering into such having failed to achieve 60 affirmative votes, was not inter-agency agreements. (A unanimous-consent agreed to.) Pages S2650–51 agreement was reached providing that the require- Pending: ment of a 60 affirmative vote threshold, be vitiated.) Reid (for Lieberman) Modified Amendment No. Pages S2647–49 2000, in the nature of a substitute. Page S2634 Rejected: During consideration of this measure today, Senate By 30 yeas to 69 nays (Vote No. 70), McCain/ also took the following action: Coburn Amendment No. 2033 (to Amendment No. By 62 yeas to 37 nays (Vote No. 69), three-fifths 2000), to establish the Commission on Postal Reor- of those Senators duly chosen and sworn having ganization. (Pursuant to the order of Thursday, April voted in the affirmative, Senate agreed to the motion

VerDate Mar 15 2010 04:47 Apr 25, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D24AP2.REC D24APPT1 tjames on DSK6SPTVN1PROD with DIGEST April 24, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D389 to waive pursuant to section 904 of the Congres- lapse of MF Global, focusing on lessons learned and sional Budget Act of 1974 and the waiver provisions policy implications, after receiving testimony from of applicable budget resolutions with respect to Reid Jill E. Sommers, Commodity Futures Trading Com- (for Lieberman) Modified Amendment No. 2000, in mission; Robert Cook, Director, Division of Trading the nature of a substitute. Subsequently, the point of and Markets, United States Securities and Exchange order that the amendment was in violation of section Commission; James W. Giddens, Trustee for the Se- 201(a) of S. Con. Res. 21, the Concurrent Resolution curities Investor Protection Act Liquidation of MF on the Budget for Fiscal Year 2008, was not sus- Global Inc., and Louis J. Freeh, Trustee of MF Glob- tained. Page S2637 al Holdings Ltd., both of New York, New York; A unanimous-consent agreement was reached pro- Richard G. Ketchum, Financial Industry Regulatory viding for further consideration of the bill at 2 p.m., Authority, Rye, New York; and Terrence A. Duffy, on Wednesday, April 25, 2012. Page S2661 CME Group Inc., Chicago, Illinois. Appointments: ONLINE VIDEO U.S.-Japan Interparliamentary Group Con- Committee on Commerce, Science, and Transportation: ference: The Chair, on behalf of the Vice President, Committee concluded a hearing to examine the pursuant to Section 5 of Title I of Division H of emergence of online video, focusing on if it is the Public Law 110–161, appointed the following Sen- future, after receiving testimony from Barry Diller, ator as Vice Chairman of the U.S.-Japan Inter- IAC, and Susan D. Whiting, Nielsen, both of New parliamentary Group conference for the 112th Con- York, New York; Paul Misener, Amazon.com, gress: Senator Murkowski. Page S2660 Washington, D.C.; and Blair Westlake, Microsoft Measures Placed on the Calendar: Corporation, Redmond, Washington. Pages S2654, S2660–61 WATER AND WILDLIFE BILLS Executive Communications: Pages S2654–55 Committee on Environment and Public Works: Sub- Additional Cosponsors: Pages S2655–57 committee on Water and Wildlife concluded a hear- ing to examine S. 810, to prohibit the conducting Statements on Introduced Bills/Resolutions: of invasive research on great apes, S. 1249, to amend Pages S2657–59 the Pittman-Robertson Wildlife Restoration Act to Additional Statements: Pages S2653–54 facilitate the establishment of additional or expanded Authorities for Committees to Meet: Page S2659 public target ranges in certain States, S. 2071, to grant the Secretary of the Interior permanent author- Privileges of the Floor: Pages S2659–60 ity to authorize States to issue electronic duck Record Votes: Nine record votes were taken today. stamps, S. 357, to authorize the Secretary of the In- (Total—76) terior to identify and declare wildlife disease emer- Pages S2634, S2637, S2641, S2643, S2645, S2647, S2649–51 gencies and to coordinate rapid response to those Adjournment: Senate convened at 10 a.m. and ad- emergencies, S. 1494 to reauthorize and amend the journed at 7:03 p.m., until 9:30 a.m. on Wednes- National Fish and Wildlife Foundation Establish- day, April 25, 2012. (For Senate’s program, see the ment Act, S. 1266, to direct the Secretary of the In- remarks of the Majority Leader in today’s Record on terior to establish a program to build on and help page S2661.) coordinate funding for the restoration and protection efforts of the 4-State Delaware River Basin region, S. 2156, to amend the Migratory Bird Hunting and Committee Meetings Conservation Stamp Act to permit the Secretary of (Committees not listed did not meet) the Interior, in consultation with the Migratory Bird Conservation Commission, to set prices for Federal APPROPRIATIONS: ENERGY AND WATER Migratory Bird Hunting and Conservation Stamps DEVELOPMENT and make limited waivers of stamp requirements for Committee on Appropriations: Subcommittee on Energy certain users, S. 2282, to extend the authorization of and Water Development approved for full committee appropriations to carry out approved wetlands con- consideration an original bill making appropriations servation projects under the North American Wet- for Energy and Water Development for fiscal year lands Conservation Act through fiscal year 2017, 2013. after receiving testimony from Senators Begich and Udall (CO); Dan Ashe, Director, Fish and Wildlife MF GLOBAL Service, Department of the Interior; James Anderson, Committee on Banking, Housing, and Urban Affairs: Director, Division of Program Coordination, Plan- Committee concluded a hearing to examine the col- ning, and Strategic Initiatives, National Institutes of

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Inyo National Forest, by a 2⁄3 yea-and-nay vote of hearing entitled ‘‘America is Under Cyber Attack: 376 yeas to 2 nays, Roll No. 178. Why Urgent Action is Needed’’. Testimony was Pages H2046–47, H2051 heard from Gregory C. Wilshusen Director, Informa- Recess: The House recessed at 5:02 p.m. and recon- tion Security Issues, Government Accountability Of- vened at 6:45 p.m. Page H2050 fice; and public witnesses. Suspensions—Proceedings Postponed: The House DEPARTMENT OF JUSTICE’S GUIDANCE ON debated the following measures under suspension of ACCESS TO POOLS AND SPAS UNDER THE the rules. Further proceedings were postponed: ADA Authorizing the conveyance of two small parcels Committee on the Judiciary: Subcommittee on the Con- of land within the boundaries of the Coconino Na- stitution held a hearing entitled ‘‘The Department of tional Forest: H.R. 1038, amended, to authorize the Justice’s Guidance on Access to Pools and Spas conveyance of two small parcels of land within the Under the ADA’’. Testimony was heard from Christa boundaries of the Coconino National Forest con- Bucks Camacho, Senior Executive Service Candidate, taining private improvements that were developed Development Program, Social Security Administra- based upon the reliance of the landowners in an erro- tion; and public witnesses. neous survey conducted in May 1960; Pages H2045–46 Idaho Wilderness Water Resources Protection Joint Meetings Act: H.R. 2050, to authorize the continued use of No joint committee meetings were held. certain water diversions located on National Forest System land in the Frank Church-River of No Re- f turn Wilderness and the Selway-Bitterroot Wilder- COMMITTEE MEETINGS FOR WEDNESDAY, ness in the State of Idaho; and Pages H2047–48 APRIL 25, 2012 Lowell National Historical Park Land Exchange (Committee meetings are open unless otherwise indicated) Act of 2012: H.R. 2240, amended, to authorize the exchange of land or interest in land between Lowell Senate National Historical Park and the city of Lowell in Committee on Agriculture, Nutrition, and Forestry: business the Commonwealth of Massachusetts. Page H2050 meeting to consider the 2012 Farm Bill, 9 a.m., SR–328A. Meeting Hour: Agreed that when the House ad- Committee on Appropriations: Subcommittee on Depart- journs today, it adjourn to meet at 10 a.m. tomor- ment of Defense, to hold closed hearings to examine pro- row for morning hour debate and 1 p.m. for legisla- posed budget estimates for fiscal year 2013 for national tive business. Page H2051 and military intelligence programs, 10:30 a.m., Senate Message: Message received from the Senate SVC–217. by the Clerk and subsequently presented to the Subcommittee on Financial Service and General Gov- ernment, to hold hearings to examine expanding House today appears on page H2045. broadband access, promoting innovation, and protecting Quorum Calls—Votes: One yea-and-nay vote de- consumers in a communications revolution, focusing on veloped during the proceedings of today and appears fiscal year 2013 resource needs for the Federal Commu- on page H2051. There were no quorum calls. nications Commission, 2:30 p.m., SD–138. Committee on Armed Services: Subcommittee on Per- Adjournment: The House met at 12 noon and ad- sonnel, to resume hearings to examine the Active, Guard, journed at 9:02 p.m. Reserve, and civilian personnel programs in review of the Defense Authorization request for fiscal year 2013 and Committee Meetings the Future Years Defense Program, 2 p.m., SD–106. Subcommittee on Readiness and Management Support, MISCELLANEOUS MEASURES to hold hearings to examine current readiness of U.S. Committee on Energy and Commerce: Full Committee forces in review of the Defense Authorization request for began a markup of the ‘‘Gasoline Regulations Act of fiscal year 2013 and the Future Years Defense Program, 2:30 p.m., SR–232A. 2012’’; and the ‘‘Strategic Energy Production Act of Subcommittee on Strategic Forces, to hold hearings to 2012’’; and proposed matters for inclusion in rec- examine ballistic missile defense policies and programs in onciliation recommendations. review of the Defense Authorization Request for fiscal AMERICA IS UNDER CYBER ATTACK: WHY year 2013 and the Future Years Defense Program; with URGENT ACTION IS NEEDED the possibility of a closed session in SVC–217 following the open session, 2:30 p.m., SR–222. Committee on Homeland Security: Subcommittee on Committee on Banking, Housing, and Urban Affairs: Sub- Oversight, Investigations, and Management held a committee on Housing, Transportation and Community

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Development, to hold hearings to examine helping home- located at 801 West Eastport Street in Iuka, Mississippi, owners save money through refinancing, 10 a.m., as the ‘‘Sergeant Jason W. Vaughn Post Office’’, H.R. SD–538. 2244, to designate the facility of the United States Postal Committee on Finance: to hold hearings to examine tax Service located at 67 Castle Street in Geneva, New York, reform, focusing on what it means for state and local tax as the ‘‘Corporal Steven Blaine Riccione Post Office’’, and fiscal policy, 10 a.m., SD–215. H.R. 2660, to designate the facility of the United States Committee on Health, Education, Labor, and Pensions: busi- Postal Service located at 122 North Holderrieth Boule- ness meeting to consider an original bill entitled ‘‘Food vard in Tomball, Texas, as the ‘‘Tomball Veterans Post and Drug Administration Safety and Innovation Act’’, Office’’, H.R. 2767, to designate the facility of the and the nominations of Deborah S. Delisle, of South United States Postal Service located at 8 West Silver Carolina, to be Assistant Secretary of Education for Ele- Street in Westfield, Massachusetts, as the ‘‘William T. mentary and Secondary Education, Bonnie L. Bassler, of Trant Post Office Building’’, H.R. 3004, to designate the New Jersey, to be a Member of the National Science facility of the United States Postal Service located at 260 Board, National Science Foundation, and Adam Gamoran, California Drive in Yountville, California, as the ‘‘Private of Wisconsin, Judith D. Singer, of Massachusetts, First Class Alejandro R. Ruiz Post Office Building’’, Hirokazu Yoshikawa, of Massachusetts, and David James H.R. 3246, to designate the facility of the United States Chard, of Texas, all to be a Member of the Board of Di- Postal Service located at 15455 Manchester Road in rectors of the National Board for Education Sciences, 10 Ballwin, Missouri, as the ‘‘Specialist Peter J. Navarro Post a.m., SH–216. Office Building’’, H.R. 3247, to designate the facility of Committee on Homeland Security and Governmental Affairs: the United States Postal Service located at 1100 Town business meeting to consider S. 2218, to reauthorize the and Country Commons in Chesterfield, Missouri, as the United States Fire Administration, and for other pur- ‘‘Lance Corporal Matthew P. Pathenos Post Office Build- poses, S. 241, to expand whistleblower protections to ing’’, H.R. 3248, to designate the facility of the United non-Federal employees whose disclosures involve misuse States Postal Service located at 112 South 5th Street in of Federal funds, S. 2061, to provide for an exchange of Saint Charles, Missouri, as the ‘‘Lance Corporal Drew W. land between the Department of Homeland Security and Weaver Post Office Building’’, and the nominations of the South Carolina State Ports Authority, S. 1673, estab- Tony Hammond, of Missouri, to be a Commissioner of lish the Office of Agriculture Inspection within the De- the Postal Regulatory Commission, Mark A. Robbins, of partment of Homeland Security, which shall be headed California, to be a Member of the Merit Systems Protec- by the Assistant Commissioner for Agriculture Inspec- tion Board, and Roy Wallace McLeese III, to be an Asso- tion, and for other purposes, S. 2170, to amend the pro- ciate Judge of the District of Columbia Court of Appeals, visions of title 5, United States Code, which are com- 9:30 a.m., SD–342. monly referred to as the ‘‘Hatch Act’’ to eliminate the Committee on the Judiciary: to hold an oversight hearing provision preventing certain State and local employees to examine the Department of Homeland Security, 9:30 from seeking elective office, clarify the application of cer- a.m., SD–226. tain provisions to the District of Columbia, and modify Committee on Rules and Administration: to hold hearings the penalties which may be imposed for certain violations to examine S. 219, to require Senate candidates to file under subchapter III of chapter 73 of that title, S. 1998, designations, statements, and reports in electronic form, to obtain an unqualified audit opinion, and improve fi- 9:30 a.m., SR–301. nancial accountability and management at the Depart- Committee on Veterans’ Affairs: to hold hearings to exam- ment of Homeland Security, H.R. 3902, to amend the ine Veterans’ Affairs mental health care, focusing on eval- District of Columbia Home Rule Act to revise the timing uating access and assessing care, 9:30 a.m., SD–138. of special elections for local office in the District of Co- lumbia, H.R. 2668, to designate the station of the House United States Border Patrol located at 2136 South Naco Highway in Bisbee, Arizona, as the ‘‘Brian A. Terry Bor- Committee on Agriculture: Subcommittee on Rural Devel- der Patrol Station’’, S. Res. 419, expressing the sense of opment, Research, Biotechnology, and Foreign Agri- the Senate that public servants should be commended for culture, hearing entitled ‘‘Formulation of the 2012 Farm their dedication and continued service to the United Bill: Rural Development Programs’’, 2:30 p.m., 1300 States during Public Service Recognition week, H.R. 298, Longworth. to designate the facility of the United States Postal Serv- Committee on Appropriations: Full Committee, markup of ice located at 500 East Whitestone Boulevard in Cedar Energy and Water Appropriations Bill FY 2013; and re- Park, Texas, as the ‘‘Army Specialist Matthew Troy Mor- port on the suballocation of Budget Allocations for FY ris Post Office Building’’, H.R. 1423, to designate the fa- 2013, 1 p.m., 2359 Rayburn. cility of the United States Postal Service located at 115 Committee on the Budget: Full Committee, hearing enti- 4th Avenue Southwest in Ardmore, Oklahoma, as the tled ‘‘Replacing the Sequester’’, 10 a.m., 210 Cannon. ‘‘Specialist Micheal E. Phillips Post Office’’, H.R. 2079, Committee on Energy and Commerce: Full Committee, to designate the facility of the United States Postal Serv- markup of the ‘‘Gasoline Regulations Act of 2012’’; and ice located at 10 Main Street in East Rockaway, New the ‘‘Strategic Energy Production Act of 2012’’; and pro- York, as the ‘‘John J. Cook Post Office’’, H.R. 2213, to posed matters for inclusion in reconciliation recommenda- designate the facility of the United States Postal Service tions, 10 a.m., 2123 Rayburn.

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Committee on Financial Services, Subcommittee on Capital field Protection Program Amendments Act of 2011’’; Markets and Government Sponsored Enterprises, hearing H.R. 2621, the ‘‘Chimney Rock National Monument Es- entitled ‘‘Oversight of the U.S. Securities and Exchange tablishment Act’’; H.R. 3874, the ‘‘Black Hills Cemetery Commission’’, 10 a.m., 2128 Rayburn. Act’’; H.R. 4027, to clarify authority granted under the Committee on Foreign Affairs: Full Committee, hearing Act entitled ‘‘An Act to define the exterior boundary of entitled ‘‘LRA, Boko Haram, al-Shabaab, AQIM and the Uintah and Ouray Indian Reservation in the State of Other Sources of Instability in Africa’’, 9:30 a.m., 2172 Utah, and for other purposes’’; H.R. 4222, to provide for Rayburn. the conveyance of certain land inholdings owned by the Subcommittee on the Middle East and South Asia, United States to the Tucson Unified School District and hearing entitled ‘‘Confronting Damascus: U.S. Policy To- to the Pascua Yaqui Tribe of Arizona, and for other pur- ward the Evolving Situation in Syria, Part II’’, 1:30 p.m., poses; S. 363, to authorize the Secretary of Commerce to 2360 Rayburn. convey property of the National Oceanic and Atmospheric Subcommittee on Western Hemisphere, hearing enti- Administration to the City of Pascagoula, Mississippi, tled ‘‘Western Hemisphere Budget Review 2013: What and for other purposes; and S. 925, the ‘‘Mt. Andrea Law- Are U.S. Priorities?’’, 2 p.m., 2172 Rayburn. rence Designation Act of 2011’’, 10 a.m., 1324 Long- Subcommittee on Asia and the Pacific, hearing entitled worth. ‘‘Oversight of U.S. Policy Toward Burma’’, 2:30 p.m., Committee on Oversight and Government Reform: Sub- 2200 Rayburn. committee on Health Care, District of Columbia, Census Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security, hearing on H.R. and National Archives; and Subcommittee on Regulatory 3361, the ‘‘Utilizing DNA Technology to Solve Cold Affairs, Stimulus Oversight and Government Spending, Cases Act of 2011’’, 10 a.m., 2141 Rayburn. joint hearing entitled ‘‘Is Government Adequately Pro- Subcommittee on Courts, Commercial and Administra- tecting Taxpayers from Medicaid Fraud?’’, 9:30 a.m., tive Law, hearing on H.R. 4377, the ‘‘Responsibly And 2154 Rayburn. Professionally Invigorating Development Act of 2012’’, Committee on Rules: Full Committee, hearing on H.R. 12 p.m., 2141 Rayburn. 3523, the ‘‘Cyber Intelligence Sharing and Protection Act Full Committee, markup of Committee Print of Mate- of 2011’’, 3 p.m., H–313 Capitol. rial to be Transmitted to the Committee on the Budget Committee on Science, Space, and Technology: Subcommittee Pursuant to Section 201 of H. Con. Res. 112; and H.R. on Investigations and Oversight; and Subcommittee on 365, the ‘‘National Blue Alert Act of 2011’’, 1:30 p.m., Healthcare and Technology of the Small Business Com- 2141 Rayburn. mittee, joint hearing entitled ‘‘How the Report on Car- Committee on Natural Resources, Full Committee, markup cinogens Uses Science to Meet its Statutory Obligations, of the following measures: H.R. 460, the ‘‘Bonneville and its Impact on Small Business Jobs’’, 10 a.m., 2318 Unit Clean Hydropower Facilitation Act’’; H.R. 919, the Rayburn. ‘‘Mohave Valley Land Conveyance Act of 2011’’; H.R. Committee on Transportation and Infrastructure: Sub- 1237, to provide for a land exchange with the Trinity committee on Aviation, hearing entitled ‘‘A Review of Public Utilities District of Trinity County, California, in- Aviation Safety in the United States’’, 9 a.m., 2167 Ray- volving the transfer of land to the Bureau of Land Man- burn. agement and the Six Rivers National Forest in exchange Committee on Ways and Means: Subcommittee on for National Forest System land in the Shasta-Trinity Na- Human Resources, hearing entitled ‘‘Moving from Unem- tional Forest, and for other purposes; H.R. 1272, the ployment Checks to Paychecks: Implementing Recent Re- ‘‘Minnesota Chippewa Tribe Judgment Fund Distribution forms’’, 10 a.m., 1100 Longworth. Act of 2011’’; H.R. 1818, the ‘‘Mt. Andrea Lawrence Subcommittee on Oversight, hearing entitled ‘‘Impact Designation Act of 2011’’; H.R. 2467, the ‘‘Bridgeport of Limitations on the Use of Tax-Advantaged Accounts Indian Colony Land Trust, Health, and Economic Devel- for the Purchase of Over-the-Counter Medication’’, 2:30 opment Act of 2011’’; H.R. 2489, the ‘‘American Battle- p.m., 1100 Longworth.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 25 10 a.m., Wednesday, April 25

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of the following ation of the motion to proceed to consideration of S. bills under suspension of the rules: (1) H.R. 3336—Small 1925, Violence Against Women Reauthorization Act. At Business Credit Availability Act, as amended and (2) 2 p.m., Senate will continue consideration of S. 1789, H.R. 2146—DATA Act. 21st Century Postal Service Act, with several votes on or in relation to amendments and passage of the bill.

Extensions of Remarks, as inserted in this issue

HOUSE Hastings, Alcee L., Fla., E623 Sablan, Gregorio Kilili Camacho, Northern Mariana Johnson, Henry C. ‘‘Hank’’, Jr., Ga., E623, E635 Islands, E626 Adams, Sandy, Fla., E632 Kinzinger, Adam, Ill., E635 Schakowsky, Janice D., Ill., E629, E634 Andrews, Robert E., N.J., E629 Levin, Sander M., Mich., E633 Slaughter, Louise McIntosh, N.Y., E636 Austria, Steve, Ohio, E623 Loebsack, David, Iowa, E629, E634 Smith, Christopher H., N.J., E624 Baca, Joe, Calif., E633 McGovern, James P., Mass., E633, E636 Speier, Jackie, Calif., E624, E627, E631 Bilirakis, Gus M., Fla., E627 Matsui, Doris O., Calif., E636 Stark, Fortney Pete, Calif., E633 Bishop, Timothy H., N.Y., E637 Clyburn, James E., S.C., E636 Norton, Eleanor Holmes, D.C., E626, E635 Thompson, Bennie G., Miss., E630 Costa, Jim, Calif., E626 Olson, Pete, Tex., E621, E625, E628, E630 Thompson, Mike, Calif., E621 Cuellar, Henry, Tex., E628 Perlmutter, Ed, Colo., E636 Van Hollen, Chris, Md., E632 Duffy, Sean P., Wisc., E622, E624 Pingree, Chellie, Me., E621, E624, E628 Visclosky, Peter J., Ind., E621 Eshoo, Anna G., Calif., E629, E631 Richardson, Laura, Calif., E622, E625, E628, E632, E635 Waxman, Henry A., Calif., E623 Foxx, Virginia, N.C., E633 Roby, Martha, Ala., E632 Woolsey, Lynn C., Calif., E630, E634

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