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, WEDNESDAY, APRIL 25, 2012 No. 60 House of Representatives The House met at 10 a.m. and was The American people realize some- proactively and, as reflected in the 27 called to order by the Speaker pro tem- thing that my Democrat friends don’t job-creating measures passed by the pore (Mr. PALAZZO). seem to understand: that government House this Congress alone, to ensure f cannot create jobs and shouldn’t be in job providers are able to create, inno- the business of handing out jobs. In vate, and lead. DESIGNATION OF SPEAKER PRO 2010, the American people sent me and We hope our friends in the Senate TEMPORE many of my colleagues to Washington and White House will decide to join us The SPEAKER pro tempore laid be- to cut government spending and offer as we say ‘‘yes’’ to American jobs for fore the House the following commu- real solutions to job creation. We have American people. nication from the Speaker: been aggressively fighting to achieve f WASHINGTON, DC, that challenge. April 25, 2012. Our country needs commonsense, AMERICAN LEGISLATIVE I hereby appoint the Honorable STEVEN M. pro-growth policies that will help EXCHANGE COUNCIL PALAZZO to act as Speaker pro tempore on small business regain their confidence. this day. The SPEAKER pro tempore. The When business owners have faith that JOHN A. BOEHNER, Chair recognizes the gentleman from Speaker of the House of Representatives. the government will not raise their Georgia (Mr. JOHNSON) for 5 minutes. taxes, impose new, unnecessary regula- f Mr. JOHNSON of Georgia. Mr. Speak- tions, and pick winners and losers in er, ladies and gentlemen, a shadowy MORNING-HOUR DEBATE the marketplace, they’ll invest more. collection of wealthy businesses and The SPEAKER pro tempore. Pursu- When they invest more, the company conservative Tea Party Republican ant to the order of the House of Janu- grows, and the opportunity for Amer- State lawmakers is undermining our ary 17, 2012, the Chair will now recog- ican jobs grows with it. democracy. nize Members from lists submitted by Just last week, we saw a very clear Last week I discussed the connection the majority and minority leaders for picture of the different visions for job between the American Legislative Ex- morning-hour debate. creation held by folks in Washington. change Council, known as ALEC, and The Chair will alternate recognition My friends in the Senate voted on but the proliferation of shoot first and ask between the parties, with time equally thankfully failed to pass the Buffett questions later legislation that sup- allocated between the parties and each rule. The act would impose a tax hike ported the Trayvon Martin case that Member other than the majority and on one class of Americans and would we all know about, and other draconian minority leaders and the minority pay for approximately 11 hours of gov- criminal justice laws. whip limited to 5 minutes each, but in ernment functioning. Talk about a According to the New York Times: no event shall debate continue beyond cynical ruse serving only to divide our ALEC lawmakers typically introduced 12:50 p.m. country for political purposes. more than 1,000 bills based on model legisla- f But while my Democrat colleagues in tion each year and passed about 17 percent of the Senate are working to raise taxes them. A members-only newsletter from 1995, UNEMPLOYMENT RATE on Americans and America’s job cre- found in an online archive of tobacco com- The SPEAKER pro tempore. The ators, the House is trying to lower pany documents, bluntly characterized that Chair recognizes the gentleman from them. Last week we passed a small success ratio as a ‘‘good investment.’’ Michigan (Mr. WALBERG) for 5 minutes. business tax cut, which will give busi- I agree. ALEC’s corporate members Mr. WALBERG. Mr. Speaker, 3 years nesses with fewer than 500 employees a have gotten an outstanding return on ago President Obama promised Con- 20 percent tax reduction off their ac- their investments, but it’s been at gress that the American people would tive business income and encourage the yours and my expense. Due to ALEC, have 6 percent unemployment in ex- creation of more jobs for our citizens. the NRA, and the private for-profit change for trillions of taxpayer dollars Data shows that 7 out of every 10 jobs prison industry, we are all less safe and to pump into the economy. Today we in this country are created by compa- more likely to be put in jail. know that the stimulus program was nies with fewer than 500 employees. My The for-profit prison industry, on the mismanaged, ill-conceived, and failed Republican colleagues and I truly be- other hand, has reaped huge financial to create the jobs promised by the lieve that small businesses are the rewards from ALEC-sponsored efforts President. For 38 straight months and backbone of our country’s economy to incarcerate more Americans and put counting, the unemployment rate has and their success is vital to our eco- them, as well as illegal immigrants, remained above 8 percent. nomic recovery. We continue to act into this private prison system. For

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 00:52 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.000 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2074 CONGRESSIONAL RECORD — HOUSE April 25, 2012 the private prison industry, where tive power to defeat Iran’s efforts to breeds and invites aggression. In such some of the inmates are paid as low as build a nuclear weapon and delivery situations, perceptions will influence 2 cents an hour to produce goods that system, the combination of which pre- outcomes—and possibly determine are later sold for profit, business is sents a world-changing threat to every them. booming. American, to every Israeli, and to citi- With this in mind, we must emphati- But ALEC does not stop there. zens everywhere in our world. cally, and in no uncertain terms, dis- ALEC’s corporate members are some of I’ve had the privilege to travel twice play unwavering American commit- the world’s biggest polluters and most to the Holy Land. One cannot walk the ment to the defense and support of profitable oil companies. ALEC’s cor- Golan Heights or travel the hills Israel. The perception that we mean it, porate bill factory has ghost-written around Jerusalem and fail to appre- and that we mean it without reserve, legislation on their behalf to combat ciate the momentous nature of these will serve to inhibit Iran’s nuclear am- efforts to address climate change and places. Even a quick survey of history bitions as surely as a policy of Amer- oppose national renewable energy reveals that this is among the most ican doubt, hesitation, and vacillation standards, among others. geopolitically and strategically impor- will serve to strengthen it. In 1998, according to the Center for tant patches of land on Earth, and it is We are mindful, too, that our Presi- Media and Democracy, ALEC belched a also the focal point of the world’s three dent has said, when he believed himself resolution out of its smokestack call- Abrahamic religions. to be out of the reach of microphones, ing on the U.S. to reject the Kyoto Our Declaration of Independence that he was tired of President Protocol and banning States from reg- speaks of a humanity endowed with Netanyahu. He said, ‘‘I have to deal ulating greenhouse gases. ALEC’s En- rights by its Creator. The land we with him every day.’’ This was an all- ergy, Environment, and Agriculture speak of here is the land where He too-rare and certainly valuable glimpse Task Force has since turned out model walked, the land where He taught, and into the heart of the President. It bills criticizing the Environmental the land where my faith teaches me seems to confirm to me what many of Protection Agency. that He gave His life for each of us. us suspect and what gives President Recently, ALEC has focused on what And now this land is menaced by a dan- Ahmadinejad courage: that despite the it calls the ‘‘EPA’s regulatory train gerous and inimical enemy. One cannot careful language suggesting alignment wreck,’’ seeking to frame the EPA’s en- stare long at a map without plotting between America and Israel, the Presi- forcement of the Clean Air Act as the strategic course open to this dent will crumble when Israel needs ‘‘higher prices, fewer jobs, and less en- enemy. In doing so, one is struck by him most. ergy.’’ ALEC’s dirty supporters, like the miniscule flight time for a missile Mr. Speaker, I will say in front of the Koch brothers—named one of the departing from Iran for this land load- this microphone and on the record this United States’ top 10 air polluters in a ed with a weapon of mass destruction. morning that I’m tired. I’m tired of University of Massachusetts study— Mr. Speaker, it’s election season and creating risks for America’s demo- began attacking every effort to clean our President appears to be more inter- cratic foothold in the Middle East; I’m up the mess that they themselves have ested in dissuading Israel from defend- tired of a badly mistaken notion that made. Why? Because they want to con- ing its people than deterring President Israel is some way or another the ag- tinue to make more money. Ahmadinejad from achieving nuclear gressor; and I’m tired of the President ALEC is dumping its waste right here weaponry. Unfortunately, danger—this speaking of a moral equivalence be- in Congress. After the Tennessee coal danger, particularly—knows no time- tween Iran and Israel. ash disaster, ALEC began pushing a table, and political calculation amid There are but a few moments in his- model resolution called Resolution to such peril is an abdication of a Com- tory that have set the course for a rela- Retain State Authority over Coal Ash mander in Chief’s responsibility. tionship among nations, and I believe as Non-Hazardous Waste. Can you be- Mr. Speaker, we hear the President’s this is one of them. We must make a lieve that? This resolution was ap- team has said that an Israeli attack powerful and unequivocal commitment proved by ALEC on June 3, 2010. Just would destabilize the region. It is hard to the nation of Israel, and we must over a year later, October 14, 2011, this to doubt that, to a degree at least, this make an equally powerful and un- House passed a bill that authorizes is possible. But more destabilizing by equivocal commitment to prevent Iran States to adopt and implement coal an order of magnitude would be the from achieving nuclear weaponry. Iran combustion residuals permit programs. permanent threat of a nuclear-armed must not be allowed for even one mo- Mr. Speaker, this is only the tip of Iran. It is a folly to trade temporary ment to doubt our will, and it must not the melting iceberg. Yes, global warm- peace for a permanent menace to world be allowed to think twice about our ing is at work, and it is melting this security. willingness to act. The fate of the Jew- iceberg that ALEC represents. Mr. Speaker, our President’s intel- ish people and the American people— I encourage the American people to ligence chief has said that the Iranians one and inseparable—depends on it. visit the alecexposed.org Web site, have not yet decided to build a bomb. f To me, these words are reminiscent to where you can view leaked ALEC docu- HONORING DUNCAN CAMPBELL ments, including model bills, as well as those of Neville Chamberlain, who a list of ALEC members. About 60 per- doubted that the Nazi command had fi- The SPEAKER pro tempore. The cent of the State legislators in this nalized its decision to invade all of Eu- Chair recognizes the gentleman from country are members of ALEC. rope, both east and west. The threat Oregon (Mr. BLUMENAUER) for 5 min- Mr. Speaker, I’ll return tomorrow was either ignored or considered too ir- utes. with more on how corporations are rational to be possible by a timorous Mr. BLUMENAUER. Tonight, in using ALEC to install their agenda in and distracted world bent on avoiding Portland, Oregon, there’s a special the States and in Congress, under- conflict. ceremony as Duncan Campbell is hon- mining our basic rights and freedoms. Mr. Speaker, this body must unam- ored at the 84th Annual Portland First biguously oppose the weakness our Citizen Award Banquet. I’m sorry that f President has spoken of on this issue. duties require me to be here in Wash- b 1010 Our Commander in Chief has fought ington, DC, instead of with hundreds of against every Iranian sanctions meas- Duncan’s friends and admirers back ISRAEL AND AMERICA ure that we have presented to him; he home in Portland. The SPEAKER pro tempore. The has casually mused about returning to This is a very special award for a Chair recognizes the gentleman from pre-1967 borders, as if road-testing an unique human being. Duncan has a Kansas (Mr. POMPEO) for 5 minutes. idea; and he has consistently sided very compelling personal story, work- Mr. POMPEO. I rise today in my role with the Palestinians on key issues ing his way through a childhood as Representative and with the per- surrounding American national secu- marred by neglect and alcoholism. He spective of both a Christian and a rity. It should be no wonder then that put himself through college at Port- former soldier. I urge this body and our President Ahmadinejad feels land State University and eventually President to do all within our collec- emboldened, for weakness always did the same at law school, earning his

VerDate Mar 15 2010 00:51 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.003 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2075 degree at the University of Oregon. He b 1020 loud voice, I was just glad I was not founded the Campbell Group, a very HONORING COACH PAT SUMMITT one of those players. successful firm, pioneering work estab- Coach Summitt is the winningest lishing timber investment funds. He The SPEAKER pro tempore. The coach in basketball history with 1,098 soon became recognized as an inno- Chair recognizes the gentleman from victories. Her teams have won 16 vator and an industry leader, but his Tennessee (Mr. DUNCAN) for 5 minutes. Southeastern Conference Champion- real story is his lifelong commitment Mr. DUNCAN of Tennessee. Mr. ships and eight national champion- to children. Speaker, last night I had the privilege ships. She has coached in 18 Final Shaped by his own difficult early ex- of sitting with University of Tennessee Fours. She has an 84 percentage win- periences, Duncan has focused on ways Coach Pat Head Summitt as she re- ning record as a head coach. But to me, that he can use his success financially ceived the top award presented by the her most impressive statistic is a 100 and intellectually to advance the cause National Alzheimer’s Association. This percent graduation rate, and she did of disadvantaged children. He’s done is the Sargent and Eunice Shriver Pro- not allow her players to take easy this in numerous ways, but I think his files in Dignity Award, and it was pre- courses. Let me repeat that. Every greatest achievement is the establish- sented by their well-known daughter, player who has ever played for Coach ment of an organization known as Maria. Summitt in her 38 years has graduated. Friends of the Children. He put part of No one could have been more deserv- She made sure they were prepared for the proceeds of the sale of his company ing of this award than Coach Summitt. life after basketball, and almost all of to establish the program in 1993. Start- As the Nation knows, she was diag- her players have been successful after ing small, it was built around the prin- nosed with early onset dementia, or leaving the University of Tennessee. ciple that troubled young people need a Alzheimer’s, almost a year ago. She On top of all this, she has never had a constant adult presence supporting, made the decision to both go public question raised about her recruiting or guiding, and not just mentoring but with this diagnosis and continue coach- any NCAA violation. She has shown really becoming a part of their lives. ing her beloved Lady Vols. Now she has through the years that you do not have Over the years, it has proven to be decided to give up her coaching job to cheat in sports to win and be very spectacularly successful. after 38 years to help lead the fight successful. against Alzheimer’s. She and her son, She has succeeded at her most impor- Currently, there are 90 friends who Tyler, have established the Pat Head tant job—being a mother and raising are paid, full-time mentors, each serv- Summitt Foundation to carry on this her fine son, Tyler, who is following in ing as a caring adult—a constant pres- battle that is and will be so very, very his mother’s footsteps and will soon ence for a handful of children. These important to millions of people. start his first job as an assistant coach friends are not just in Portland, Or- Pat Head Summitt is certainly the for the Marquette women’s basketball egon, but in rural Oregon, in Sisters most admired and respected woman in team. and Klamath Falls, and now in projects Tennessee. She is my most famous con- Coach Summitt is a member of the in Boston, New York, and Seattle. stituent and a longtime friend. I have Women’s Basketball Hall of Fame and Duncan’s vision is to focus on the been honored on two occasions to be was NCAA Coach of the Year an un- children with the very highest risk fac- her honorary assistant coach. The first precedented seven times. In 2008 she tors. These children statistically would time was on her 25th anniversary as a was named the Naismith Coach of the undoubtedly fail to complete school. coach, and the second time was a few Year. Pat Head Summitt is a woman of Most would have problems with drugs years later against Vanderbilt on the honor and integrity. She has been a or alcohol, early unplanned out-of-wed- last home game of the season. Before great, great success because of her very lock pregnancy, and almost all would that game, we were given a scouting hard work, dedication, determination, fall into the criminal justice system. report, and Tennessee had beaten Van- and discipline. Most of her success she The results of his handiwork are derbilt in Nashville by 30 points. So it credits to hardworking parents and les- overwhelming and compelling: was accurate to say that the team was sons learned on her family’s Tennessee Eighty-five percent of these children, fairly confident about this game. How- farm. This Nation is a better place who most experts agree would other- ever, at halftime, the game was almost today because of her work with young wise fall through the cracks or worse, tied, and the Lady Vols came into the people and the inspiring example that graduate from high school; locker room with their heads hanging she has set for all of us. Coach Pat Head Summitt is truly a Ninety percent avoid involvement down. great American, and I’m proud to call with the criminal justice system, even That is when I saw Coach Summitt her one of my constituents and, as I though 60 percent of these at-risk chil- go into action. She got into each young said, one of my very, very close friends. dren are part of a program that have a woman’s face like a baseball manager parent who’s been incarcerated; arguing with an umpire. She started f Despite the fact that 60 percent of with Lady Vol Teresa Geter, and told THE STUDENT LOAN these children were born to a teen par- her in a drill sergeant’s voice that she AFFORDABILITY ACT ent, 95 percent avoid early parenting was going through a pity party out The SPEAKER pro tempore. The themselves; there and Coach Summitt was having Chair recognizes the gentlewoman from According to a report by the Harvard no part of it and was giving her 2 min- California (Ms. RICHARDSON) for 5 min- Business School Association of Oregon, utes to make her presence known on utes. every dollar invested in the organiza- that court or she was going to yank her Ms. RICHARDSON. Mr. Speaker, the tion results in more than $7 in reduced out of there so fast it would make her higher education system in the United social costs for the community and un- head swim. When we went back out for States has for many years been the told richness for the children involved. the second half, the first thing that envy of the world. The universities This is an amazing program with happened was that Teresa Geter stole here are a part of America’s backbone, compelling results. It was willed into the ball, took it down court, and scored providing young people with the skills existence by my friend, Duncan Camp- her first 2 points of the game. The and knowledge necessary to succeed in bell. Portland honors him this evening, Lady Vols went on a 20–0 run, and Van- today’s changing global economy. but all Americans should honor not derbilt called a timeout. However, Mr. Speaker, right now, the just the example but the specifics. A spectator in the stands, whom I cost of tuition at universities has risen Friends of the Children is a program had not seen because there were 20,000 so dramatically all across this country that works and should be replicated. I people there, sent his card down to me that attendance is tough to achieve. will do all I can to help the Federal on the bench, and it said, ‘‘Jimmy, Nowhere is this truer than in public Government find a way for it to be a great halftime coaching, come again.’’ universities in the State of California partner in this unparalleled success But it was not me; it was Coach that I represent, where budget cuts, story. This is the best way to honor Summitt. In fact, when she was staring furlough days, and tuition increases Duncan, his vision, and his commit- each one of her players in the face at have become a new normal—at the ex- ment. halftime in an intensely angry, very pense of higher learning. Average in-

VerDate Mar 15 2010 00:51 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.013 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2076 CONGRESSIONAL RECORD — HOUSE April 25, 2012 State tuition and fees at public 4-year HONORING COACH PAT SUMMITT caregivers. She is already proving she’s institutions have risen 8.3 percent in The SPEAKER pro tempore. The a force to reckon with as she faces this 2010 and now in the classes in 2011. Chair recognizes the gentleman from disease head-on. As a result of these increases, tuition Tennessee (Mr. FINCHER) for 5 minutes. I’m proud to call her a fellow at public and private universities now Mr. FINCHER. Today, I rise in order Tennesseean and wish her the best as has caused student loan debt to exceed to honor Coach Pat Summitt. Pat she transitions into a new role with the credit card debt, totaling $870 billion, Summitt is most well known for her Lady Vols. God bless you, Coach and it’s expected to reach $1 trillion coaching career with the Lady Volun- Summitt. And thank you for all you’ve this year. Students graduating from teers at the University of Tennessee at done and will continue to do for the great State of Tennessee, women’s bas- college between 2006 and 2010 had a me- Knoxville, but her basketball legacy at ketball, and for the fight to find a cure dian student loan debt of over $20,000. UT began long before she won her first for Alzheimer’s. Not only are young adults in debt, but national championship as a coach. recent graduates are also facing one of I am proud to represent Weakly f the toughest job markets in recent County, which is home to the Univer- REMEMBERING LEVON HELM sity of Tennessee at Martin where memory. The SPEAKER pro tempore. The Coach Summitt played on the women’s In 2007, when I started here in Con- Chair recognizes the gentleman from basketball team from 1970 to 1974. gress, we worked to pass the College New York (Mr. HINCHEY) for 5 minutes. Cost Reduction and Access Act which, While there, Coach Summitt was Mr. HINCHEY. Mr. Speaker, I rise among many other things, lowered the named an All-American player, led her today to recognize the life and achieve- interest rate of subsidized Stafford team to the first women’s national ment of my dear friend, Levon Helm, loans from 6.8 percent to 3.4 percent. championship basketball tournament who passed away last week surrounded As a result of these lower interest rates in 1972, and graduated as UT-Martin’s by close friends and family members. on federally subsidized student loans, all-time leading scorer with 1,045 Levon will be remembered by many more students were able to afford to go points. Today, UT-Martin’s basketball as the acclaimed vocalist and drummer to college. In order to keep college af- court is named the ‘‘Pat Head Summitt for the Levon Helm Sextet, which then fordable, Democrats in Congress and Court,’’ honoring Coach Summit’s lead- became Levon and the Hawks, and President Obama are urging the House ership and achievements on the univer- later what we all know now simply as GOP leadership to bring forward the sity’s women’s basketball team. The Band, which gained international Her love of basketball, enthusiasm, legislation that would prevent these in- critical acclaim. and competitive spirit have defined her terest rates on student loans from dou- The Band was given its name by Bob career and inspired young women bling this July. Dylan in 1967 when he lived with the across the State of Tennessee and band members in a house known as I’m a proud cosponsor of H.R. 3826, throughout our Nation. ‘‘Big Pink’’ near where I grew up in the Student Loan Affordability Act, It’s no secret that Coach Summitt West Saugerties. That’s where the which will prevent the interest rate on has an incredible record as the head famed ‘‘Basement Tapes,’’ which fea- subsidized Stafford loans from doubling coach for the Lady Volunteers and has tured Dylan, were recorded. When the in July. By extending the current in- been a driving force behind the devel- album was later released in 1975, it rose terest rate, we are making an invest- opment of women’s college basketball to be number seven on the Billboard 200 ment in our country’s future. Our econ- over the last 38 years. Her legacy as list. omy depends upon the educated work- one of the greatest basketball coaches We all remember Levon’s unique force to out-compete and to out-inno- ever is solidified by her achievements, drumming style and soulful country vate the rest of the world, which is but more importantly, because she has voice from songs like ‘‘The Weight’’ something we’ve been known to do for been a friend and mentor to her players and ‘‘Up on Cripple Creek.’’ These quite some time. and staff. During her tenure as head songs and others have stood the test of Statistics tell us that it also makes a coach, every Lady Vol that completed time and will be remembered for how difference if you’re able to go to col- her eligibility at UT earned a college they helped shape a generation of rock lege. According to the Bureau of Labor degree or is in the process of com- music and everything that came there- Statistics, the unemployment rate for pleting her degree requirements. after. Without a doubt, Levon’s contribu- those 25 years and older who’ve got b 1030 their bachelor’s degree is only 4.2 per- tions to American music cannot be cent, but for those, unfortunately, who I saw a video recently about how overstated. But beyond the music, we were not able to attend and graduate, former players and managers presented cannot forget Levon, the man. I knew the unemployment rate exceeds over 10 Coach Summitt with a book of per- him well. He was a beacon of our Hud- percent. sonal letters, sharing their memories son Valley community. He was always and putting down in writing what willing to open his doors to help raise Unlike Pell grants, which provide a Coach Summitt has meant to them. money for important local causes. He vital benefit to low-income families This video mentions that the letters was a tremendous supporter of local and students, Stafford student loans not only speak of her influence as a agriculture. He worked to bring music also benefit middle-income families coach, but how she has helped players, into our schools and communities. He who need financial assistance as well. past and present, through some of the was a great person and a great friend. Congress should not wait and allow most difficult times they faced in life. After the release of his ‘‘Dirt Farm- this increase to take place. It would, The effort to organize this book is in- er’’ album, Levon put on free concerts for all intents and purposes, be a tax credible, and it speaks volumes about for the community at Gill’s Farm in increase on middle- and low-income who Coach Summitt is to her players Ulster County, New York. Once, he at- families and students during this very and her passion for helping student tracted so many fans that State Route fragile economic recovery. athletes discover what they want in 209 was effectively closed down. I urge the Republican majority and life. He would host Midnight Rambles at Speaker BOEHNER to take action now I am confident that Coach Summitt his barn in Woodstock, inviting some to prevent this increase. We are seeing will continue to approach each of life’s of the world’s premier musicians and right now the impact on the American new opportunities and challenges with artists to perform well into the night. economy when Congress waits too long as much intensity, determination, and Also, his amazing dog named Bear, ev- to act on issues of national importance integrity as she did during her career eryone loved that dog. People traveled such as our Nation’s debt. Students and as head coach of the Lady Vols. In fact, from hundreds of miles away to attend. families cannot wait any longer to Coach Summitt is in D.C. this week to I lived just a few miles down the road know how much they will have to pay receive an award recognizing her ef- and had the privilege of attending and owe coming out of college. Why? forts to promote greater understanding many of those events, and they were Because that might impact whether of Alzheimer’s disease and its effects really something else—wonderful and they can even go at all. on diagnosed individuals, families, and amazing.

VerDate Mar 15 2010 00:51 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.006 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2077 Watching Levon perform over the basketball and the University of Ten- success prepares them to be good citi- years, you got the sense that despite nessee. But most importantly, she has zens in the world, as well as great bas- all the fame, awards, and notoriety, at been a guiding force in the lives of so ketball players. Eleven of her former his core he was a man who felt music many young people. Time and time players were on the WNBA roster last deeply in his bones. It’s what made him again, she has led her players to vic- year, and she has coached two WNBA one of the world’s great performing tory both on the court and in the class- MVPs. Sixteen collegiate head coaches artists. room. Under her guidance, every Lady have either played or coached under His passing is a loss for all of us. But Volunteer player who has finished her her. The success of her players, both on when I think of the sadness we all feel, eligibility at Tennessee has graduated. and off the court, is a testament to the I am reminded by some of his lyrics in Coach Summitt’s life should serve as dedication she has given to the well- a recent song, entitled, ‘‘When I Go a model for anyone to strive toward. rounded development of her players. Away’’: She is a fierce competitor, a selfless When I return back to the University Don’t want no sorrow, mentor, and a dedicated advocate of of Tennessee—my alma mater—the leg- For this old orphan boy; women’s athletics. I was glad to hear acy of Coach Pat can be found every- I don’t want no crying, that she will still remain an important where, from the students in Lady Vols Only tears of joy. part of the program, and I know that attire, to Pat Head Summitt Street in I’m gonna see my mother, all Lady Vol fans will look forward to Knoxville, and the Summitt basketball Gonna see my father; her continued presence. I think we court in the Thompson-Boling arena. And I’ll be bound for glory, Throughout Tennessee, her legacy is In the morning, would all agree that if a Mount Rush- When I go away more of college coaches existed, her strong as well. She has a gym named after her at UT-Martin and at her high I’ll be lifted up to the clouds, image would be etched upon it. There On the wings of angels; will never be another Pat Summitt. school. Pat Summitt’s true legacy, There’s only flesh and bones, Now, as she moves towards a new however, is the alumni who have suc- In the ground, chapter in her life, I wish her and her ceeded due to her hard work and the Where my troubles will stay. family all the best. thousands of young women who have All my kin who love me, f pursued excellence in sports and have All my friends who care, been successful due to her example. Look beyond the dark clouds; HONORING COACH PAT SUMMITT Pat Summitt retired from coaching We’re gonna meet up there. The SPEAKER pro tempore. The April 18 and will continue to serve the When they lay me in the cold ground, Chair recognizes the gentleman from Lady Vols as head coach emeritus. She Bow your heads and pray; Tennessee (Mr. FLEISCHMANN) for 5 now faces a battle against early-onset And I’ll be bound for glory, minutes. Alzheimer’s disease. Like her coaching In the morning, Mr. FLEISCHMANN. Mr. Speaker, I career, I know she will face this battle When I go away. rise today to honor a woman who is a with courage and determination. We Levon will forever be remembered in living legend in my home State of Ten- will be praying and thinking of her our community and throughout the nessee. A star basketball player, Pat throughout this battle, and I know we world and in our hearts. He was our Summitt played at the University of will miss her input on the landscape of neighbor and my good friend. I miss Tennessee at Martin and served as co- Tennessee. him dearly. Levon has gone home, but captain on the 1976 U.S. Olympic wom- f his music will live on for all of us for- en’s basketball team. THE CYBER INTELLIGENCE ever. Pat Summitt began coaching Lady SHARING AND PROTECTION ACT f Vols basketball at the University of HONORING COACH PAT SUMMITT Tennessee just before the start of the The SPEAKER pro tempore. The Chair recognizes the gentlewoman from The SPEAKER pro tempore. The 1974–1975 season. Starting as a graduate Tennessee (Mrs. BLACKBURN) for 5 min- Chair recognizes the gentleman from assistant, she was quickly promoted to utes. Tennessee (Mr. DESJARLAIS) for 5 min- head coach, where she earned $250 a Mrs. BLACKBURN. Mr. Speaker, the utes. month and drove the team van. Thirty- Government Accountability Office says Mr. DESJARLAIS. Mr. Speaker, in eight years and 1,098 wins later, Pat today’s society, we throw around terms Summitt is now the winningest coach that cyberattacks have grown by 650 like ‘‘legendary’’ or ‘‘iconic’’ to de- in NCAA basketball history for either a percent in 5 years and that the annual scribe individuals or events that quite men’s or a women’s team. She is the cost of these attacks is estimated to be often are not worthy of such praise. only NCAA coach with over 1,000 wins, $388 billion. Allowing these trends to But in talking about Pat Summitt, and she still has never had a losing sea- proliferate is bad for job creation, con- even lofty words like these fail to fully son as head coach. sumer protection, and the future of the Internet, whose future success will do justice to the extraordinary career b 1040 that Coach Summitt has had at the greatly depend on improving user trust University of Tennessee. This is a pretty impressive record in and security online. Throughout her 38 years of coaching its own right, but the legacy of Pat The U.S.-driven digital revolution the Lady Volunteers, she has built a Summitt does not end there. Indeed, I has created countless opportunities, list of achievements both on and off could speak about her accomplish- freedoms, and economies of scale. the court that would rival those of any ments through the entire morning- We’re the envy of the world in that re- other coach in the history of college hour. I could mention her eight NCAA gard. This revolution is continuing to basketball. These include 1,098 wins— championships, 16 Southeastern Con- be driven by information and data. more than anyone in NCAA basketball ference seasons, 16 SEC tournament Data is really the natural resource history—16 Southern Conference Cham- championship titles, or her unmatched that will power our Nation’s future, pionships, 16 SEC Tournament Cham- career .840 winning percentage. It is but only if we safeguard it appro- pionships, 18 Final Four appearances, clearly evident that Pat Summitt is an priately. eight national championships, and two unmatched coach on the field. Your online presence and digital dia- Olympic medals. Her off-the-field accomplishments ries are what I like to refer to as the Without a doubt, Coach Summitt is a are even more impressive. In an era rife ‘‘virtual you.’’ It’s consistently grow- monumental figure in the world of col- with collegiate sports scandals, Pat ing and expanding as individuals and lege sports. Her leadership and sports- Summitt has upheld the track record businesses operate online. We need to manship, along with her sheer talent as of uncompromised integrity, while en- have the certainty that we can freely a coach, are universally admired by her couraging and maintaining a 100 per- continue our business online without competitors, colleagues, and fellow cent graduation rate for her team. virtual Peeping Toms and digital coaches. Coach Summitt produces more than thieves enjoying total, uncontrolled ac- She brought an unmatched level of just great athletes. She produces young cess on the online ecosystem. That’s pride and notoriety to both the sport of women of character whose academic why I was troubled to read an article in

VerDate Mar 15 2010 00:51 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.007 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2078 CONGRESSIONAL RECORD — HOUSE April 25, 2012 Politico yesterday titled ‘‘White House latory frameworks that typically char- Imitation is the kindest form of flat- Avoids Specific Positions on Cyber- acterize Washington’s policymaking. tery, and, indeed, Earl Scruggs has security Bills.’’ Let’s move forward with the common- many folks that try to emulate what We’re being attacked by sense voluntary tools we need to he created. He will be missed. cybersnoopers and state sponsors of strengthen our cyberdefenses, the cyberespionage like China, Russia, and Internet economy, and the ‘‘virtual f Iran. But the White House is throwing you.’’ Let’s show some leadership. RECESS its hands up in the air, unwilling to f The SPEAKER pro tempore. Pursu- lead. The President refused to take a EARL SCRUGGS ant to clause 12(a) of rule I, the Chair position because advisers in the White declares the House in recess until 1 House wanted to go farther in ceding The SPEAKER pro tempore. The p.m. today. authority to the Department of Home- Chair recognizes the gentleman from Accordingly (at 10 o’clock and 51 land Security, which can’t even man- North Carolina (Mr. MCHENRY) for 5 minutes a.m.), the House stood in re- age the dysfunctional Transportation minutes. cess. Security Administration. Washington Mr. MCHENRY. Mr. Speaker, the always wants more power and more Master from Flint Hill, the Innovator f control. of the Three-Finger Banjo Style—these My colleagues, Congressmen ROGERS are the names given to one of North b 1300 Carolina and my congressional dis- and RUPPERSBERGER, have worked to- AFTER RECESS gether in a very diligent and bipartisan trict’s favorite sons. manner to educate and articulate the Mr. Speaker, the welcome sign for The recess having expired, the House need for cyberintelligence sharing and the city of Shelby in my district says: was called to order by the Speaker at 1 protections. The Cyber Intelligence ‘‘Welcome to Shelby, city of pleasant p.m. Sharing and Protection Act will help living, home of Earl Scruggs.’’ Indeed, Shelby, Cleveland County, f us defend against advanced and all of North Carolina, and indeed cyberattackers and hackers that want PRAYER the Nation, are mourning the loss of to steal our private or our government musical icon Earl Scruggs, who passed Reverend Matthew Barnes, Capital information. It also maintains protec- away last month at the age of 88. When Commission Indiana, Indianapolis, In- tions for individuals’ privacy. The bill’s you think of the word ‘‘bluegrass,’’ a diana, offered the following prayer: language is specific. It doesn’t allow few names come to mind: Bill Monroe, Heavenly Father, thank You for civil the government to use shared informa- Doc Watson, and, of course, Earl government and the power that You in- tion for non-cybersecurity purposes. It Scruggs. vest in each of the Members in the peo- requires an independent inspector gen- Earl grew up on a farm in the Flint ple’s House. With that power comes eral to audit voluntary information Hill community in Shelby and worked tremendous responsibility and sac- shared with the government, and it le- in the Lily cotton mill. That’s until he rifice. gally enforces restrictions on govern- was given the chance to play in Bill We know that Your son Jesus had all ment uses of this information. Monroe’s band. That led him to quickly power in Heaven and in Earth, yet He The voluntary information-sharing strike off on his legendary career with condescended to our low estate in a framework is preferable because incen- Lester Flatt. Together, Flatt and grand act of service to mankind. tive-based security works better than Scruggs defined bluegrass music in the Truly, ‘‘Greater love hath no man heavy-handed mandates, but the White 1950s and the 1960s, recording such than this, that a man lay down his life House and the Senate Democrats dis- classics as ‘‘The Ballad of Jed for his friends.’’ agree with the technology experts. Clampitt’’ and ‘‘Foggy Mountain We ask that such noble acts of cour- They think there’s a cookie-cutter way Breakdown.’’ age, commitment, and compassion be to address evolving cybersecurity chal- Earl received a star on the Hollywood evident in the men and women leading lenges. But we shouldn’t pretend to Walk of Fame in 2003, was inducted the United States. have all of the answers, and we into the Country Music Hall of Fame in Help them to remember that they shouldn’t let DHS play Whac-A-Mole. 1985, and received numerous Grammys, serve their fellow citizens and are ac- We should not and cannot allow the including the Lifetime Achievement countable to You, the Almighty God. government’s massive bureaucracy to Award. He also recorded with musi- In the midst of this sacrificial serv- expand. It’s constantly suffocating in- cians as diverse as Johnny Cash, Sting, ice, may they make time to spend with novation and entrepreneurship in this and even Elton John. their families and with You. For Thine country. Most importantly for his beloved is the kingdom, and the power and the This legislation presents a frame- hometown of Shelby, his legend will glory forever. work that is flexible and dynamic, not live on locally. Amen. one that is static and top-down. This approach is narrow, not presumptive. b 1050 f The tech industry wants to focus its Thanks to an overwhelming commu- THE JOURNAL energy resources and attention on real- nity effort for the past several years, time, dynamic threats, and responses. work is now under way to turn the his- The SPEAKER. The Chair has exam- Moreover, government shouldn’t be toric 105-year-old Cleveland County ined the Journal of the last day’s pro- telling anyone how to regulate critical Courthouse into the Earl Scruggs Cen- ceedings and announces to the House infrastructure when it hasn’t been able ter. This effort will focus on music and his approval thereof. to get its own networks and systems stories and preserve the legacy of Earl Pursuant to clause 1, rule I, the Jour- secure. The Office of Budget and Man- Scruggs. nal stands approved. agement reported almost 42,000 attacks Drawing on the region’s rich history f on Federal networks in 2010, an in- and music, the Scruggs Center will en- crease of almost 40 percent over the lighten, educate, and celebrate the peo- PLEDGE OF ALLEGIANCE previous year. That’s why I’m happy to ple, traditions, and values of Cleveland The SPEAKER. Will the gentleman see Congressman DARRELL ISSA’s bill County and the region, for that matter, from Indiana (Mr. STUTZMAN) come for- coming to the floor. Without a doubt, all the while honoring Earl Scruggs. ward and lead the House in the Pledge we need better oversight on our Fed- Legendary comedian and accom- of Allegiance. eral information-technology systems. plished banjo player Steve Martin Mr. STUTZMAN led the Pledge of Al- Each day brings new challenges in summed up Earl’s legacy best when he legiance as follows: the fight to protect our Nation’s vir- said, ‘‘Before him, no one had ever I pledge allegiance to the Flag of the tual space and technology innovation, played the banjo like he did. After him, United States of America, and to the Repub- but the cybersecurity bills before the everybody played the banjo like he did, lic for which it stands, one nation under God, floor this week are unlike the pro-regu- or at least tried.’’ indivisible, with liberty and justice for all.

VerDate Mar 15 2010 00:51 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.009 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2079 WELCOMING REVEREND MATTHEW among the boys in her family that in- fund, shifting it for programs we can- BARNES spired the toughness, the drive to not afford. It is past the time for Con- achieve, and the winning attitude. gress to act and stop Washington’s out- The SPEAKER. Without objection, Now the legendary Pat Summitt will of-control spending, which will ulti- the gentleman from Indiana (Mr. inspire countless Americans off the mately result in higher taxes and more STUTZMAN) is recognized for 1 minute. court as she raises awareness in her debt, destroying jobs and putting sen- There was no objection. personal fight against Alzheimer’s. One ior citizens at risk. Mr. STUTZMAN. Mr. Speaker, to- item from her well-known list of the In conclusion, God bless our troops, day’s opening prayer was given by my definite dozen is to be a competitor. and we will never forget September the good friend and mentor, Matthew Those of us that have admired her for 11th in the global war on terrorism. Barnes, who serves as chaplain at the years know that she is a true compet- Welcome, South Carolina Attorney Indiana State House and also serves as itor and is ready for the fight. General Alan Wilson, to Washington State director for Capital Commission for Supreme Court oral arguments. in Indiana. f Mr. Speaker, I am only a freshman in ARMENIAN GENOCIDE f this body, but it doesn’t take a sea- (Mr. CICILLINE asked and was given STUDENT LOAN INTEREST RATE soned veteran to know that our govern- permission to address the House for 1 (Ms. HOCHUL asked and was given ment is made up of human beings who minute.) permission to address the House for 1 need wisdom, discernment, and ground- Mr. CICILLINE. Madam Speaker, I minute and to revise and extend her re- ing in the truth of God’s word. rise today to remember the 1.5 million marks.) A true servant-leader, Matt has made Armenian men, women, and children Ms. HOCHUL. Madam Speaker, you it his mission to serve, teach, and pray who were massacred under the Otto- had to look at their faces and right for those who are in positions of au- man Empire at the beginning of the into their eyes to see the worry that thority. In 2004, he was called to serve 20th century. these young people had. Indiana’s elected officials. Matt min- Each year, Armenians throughout Just yesterday, I convened a round- isters in love, knowing that he serves a the world mark April 24 as Genocide table of students at Daemen College in God whose will is good and gracious Remembrance Day by honoring those my district and we talked about the and whose law is truth. who perished from 1915 to 1923, and I biggest concern on their mind. It In my time in the State legislature, I join my friends and colleagues in re- wasn’t their final exams; it was the saw Matt give comfort and counsel to membering the victims today. knowledge that in 3 short months, if so many of my colleagues. His heart for It’s important to raise awareness this body does not act, these young the members of that body is inescap- about the Armenian genocide not only people will face a doubling of the inter- ably clear. because it is an undeniable chapter in est rate on their student loans from 3.4 Matt and his wife, Miriam, have world history, but also because learn- percent to 6.8 percent. These young three wonderful children: Sarah, ing more about this horrific tragedy people are afraid; they’re concerned. Micah, and Emma. Their work and sac- underscores the importance of elimi- I asked them what it would mean to rifice have made Indiana a better nating intolerance and bigotry wher- them. One man who already has place. ever it occurs. $120,000 in debt now said he would prob- I’m honored that my friend has been Armenian Americans living in my ably have to leave in order to start able to join us today. home State of Rhode Island have made paying back his debt. One woman said f significant contributions through their she would probably have to take a HONORING COACH PAT SUMMITT leadership in business, law, academia, fourth job on top of her third job. An- government, and the arts. other junior said he probably would not (Mrs. BLACK asked and was given As a cosponsor of House Resolution be back next year. Heartbreaking sto- permission to address the House for 1 304, I strongly believe that the time ries, ladies and gentlemen, but we can minute and to revise and extend her re- has come for the United States Govern- stop it from happening. marks.) ment to recognize this atrocity for You’ve got to ask: What’s wrong with Mrs. BLACK. Madam Speaker, I rise what it was—genocide. I join my col- this picture? Banks are lending to each today to honor a woman of incredible leagues today in recognizing the vic- other at about zero percent. You can strength and courage, one who has in- tims of the Armenian genocide. get a home mortgage loan for 3.9 per- spired and personally pushed numerous cent. Why are our young people, who young ladies to achieve beyond their f are doing nothing other than having a wildest dreams. I am of course talking PRESIDENT’S POLICIES shot at the American Dream that each about the record-setting leader of the ENDANGERING SOCIAL SECURITY one of us had by getting a good edu- Lady Vols basketball team, Pat Head (Mr. WILSON of South Carolina cation, why are they going to be Summitt. asked and was given permission to ad- strapped with this debt? Now, I could stand here and read off dress the House for 1 minute and to re- I ask all of us to join in asking the a list of her stats and accomplishments vise and extend his remarks.) House of Representatives leadership to on the court—and they are many and Mr. WILSON of South Carolina. allow us to vote on this bill. quite impressive—but, Madam Speak- Madam Speaker, our Nation’s Social f er, I believe that would miss the true Security system is sadly approaching scope of Pat Summitt’s impact not bankruptcy. The Secretary of the b 1310 only on the sport, but on the lives of Treasury spoke on Monday, revealing her players and so many who have MORE EPA REDTAPE MEANS that Social Security benefits are ex- FEWER ILLINOIS JOBS watched her career. pected to become insolvent in only 21 While the world saw her impact on years—3 years sooner than was pro- (Mr. HULTGREN asked and was the sport, her focus was always on jected just last year. given permission to address the House teaching young women about life and In a recent article in the Washington for 1 minute.) using their shared passion of basket- Post, Emily Miller wrote: Mr. HULTGREN. Madam Speaker, I ball as the tool. Her student athletes rise today, once again, to express my Thanks in large part to Mr. Obama’s in- were always students first. They left sistence, the program’s 2011 deficit of $148 concern about the EPA, their redtape, the University of Tennessee equipped billion was the second largest single-year de- and its effect on jobs and the economy for a successful life. terioration since 1983. If Washington doesn’t in my home State of Illinois. She instilled in her players the work do anything to address the program’s imbal- In fact, a recent study found that the ethic she learned on a dairy farm in ance, the trustees say it will take raising the rules proposed by the EPA could de- Henrietta, Tennessee. It was her fa- payroll tax to 16.7 percent to cover the gap. stroy more jobs in Illinois than in any ther’s values of determination and hard This administration continues to other State. According to this study, work and her years of holding her own take money out of the Social Security more than 38,000 Illinois jobs are at

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.014 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2080 CONGRESSIONAL RECORD — HOUSE April 25, 2012 risk. These new layers of redtape would state title in 2002, the soccer program crats to actually come together, just especially be harmful in their impact has excelled and continued in its suc- getting rid of waste, and at the same on the price of electricity, raising costs cess. time that we sell the properties and re- for small businesses and forcing them And last month, the Plano Senior develop the things that we aren’t to lay off employees. High School’s WorldQuest team suc- using, put people back to work. In Illinois we could see electricity cessfully defended its national cham- f prices rise as much as 18 percent, a pionship title. For the second year in a HOLOCAUST REMEMBRANCE DAY huge burden on small businesses al- row, this team placed first in the na- ready struggling to keep their doors tional academic competition that tests (Mr. SIRES asked and was given per- open. Time and again, I’ve heard from high school students’ knowledge of mission to address the House for 1 small businesses in my district who are international affairs, geography, his- minute.) concerned about this regulatory on- tory, and culture. Mr. SIRES. Madam Speaker, I rise slaught. Congratulations to these two stellar today in honor of Holocaust Remem- But House Republicans are not stand- teams. That’s the way to represent the brance Day, which was observed last ing idly by. With bipartisan support, great State of Texas. God bless you, week on April 19. The theme of this we’ve passed a half-dozen pieces of leg- and I salute you. year’s Holocaust Remembrance Day islation that would rein in the EPA f was ‘‘Choosing to Act,’’ offering an im- and help protect American jobs. portant reminder of the sacredness of EDUCATION IS AN INVESTMENT IN Unfortunately, as with so many of human life and the need for all of us to OUR FUTURE the bills that we’ve passed to create stand against evil. jobs and spur economic growth, the (Mr. BACA asked and was given per- The Holocaust represents one of the Senate has refused to act. Perhaps an- mission to address the House for 1 darkest periods in human history and other reminder of what is at stake will minute.) illustrates the worst of human behav- finally spur them to action. Mr. BACA. Madam Speaker, in these ior, yet some still deny the events of tough economic times, it’s critical that the Holocaust ever occurred. It is no f Congress work to make quality higher wonder that Israel is extremely con- STUDENT LOAN INTEREST RATE education available to all Americans. cerned with the development of nuclear (Ms. SPEIER asked and was given We know that investing in education is weapons in Iran, putting these arms in permission to address the House for 1 an investment in our future, an invest- the hands of radicals who have shown minute.) ment in the strength of America. no respect for human life or basic Ms. SPEIER. Madam Speaker, let me By the year 2018, 63 percent of all human rights. get this straight. My good friends on American jobs will require some level We must support and stand by Israel the Republican side are really inter- of higher education. Sadly, if Congress during these dangerous times. We must ested in cutting taxes for the wealthy, does not act soon, the interest rate for always keep in the back of our minds but when it comes to maybe cutting student loans will double from 3.4 to the history of the Jewish people. Un- the taxes that students would be pay- 6.8, higher than home loans. This will derstanding their history helps us un- ing on the student loans that they have cause thousands of dollars in new debt derstand their concerns and feelings by $1,000 more a year, they’re not near- for more than 7.4 million American about what is currently going on in the ly so interested. students. world. Well, let me read to you a posting to Unfortunately, the Republicans in On Holocaust Remembrance Day we my Facebook from a young woman Congress have refused to go forward are reminded that the Jewish people that really hits home. She wrote: with legislation that would prevent have had firsthand experience with this crisis. And some Republican lead- true evil, and we must work to ensure Going to college was the worst decision of my life. I hate to say it, but it’s true. I did ers have openly criticized students who that such atrocities do not happen everything right. I graduated high school graduate with college debt. again. early, at the top of my class. I got all my It’s time that Congress worked to- f gether to help middle class families, core courses out of the way at community KEEP THEM ON THE FARM college, then transferred to a 4-year college, not just the wealthiest few. We must but I couldn’t afford it and had to stop just pass legislation that strengthens the (Mr. POE of Texas asked and was before my last year. It’s the biggest regret of Pell program and prevents an increase given permission to address the House my life that I couldn’t afford college. I’m not in student loan rates. for 1 minute.) lazy, I’m not stupid, but I had the misfortune Thank you, President Obama, for Mr. POE of Texas. Madam Speaker, of being born poor. taking the lead in helping our future the regulators are going after Amer- Madam Speaker, it’s time for us to generations and leaders of tomorrow. ica’s farms. Now they are considering make sure that the poor students in f prohibiting kids from working on our country have the right to go to col- farms. Growing up on a farm teaches lege and to see it as a good decision, ANNUAL AUDITS FOR THE GSA kids valuable lessons and a strong not a wrong decision. (Mr. DENHAM asked and was given work ethic. f permission to address the House for 1 Now the Federal Government is con- minute.) templating prohibiting kids from doing CONGRATULATING TWO PLANO Mr. DENHAM. Madam Speaker, I rise chores on their uncle’s farm, including HIGH SCHOOL TEAMS to talk about the corruption, the fraud, ‘‘the storing, marketing, and trans- (Mr. SAM JOHNSON of Texas asked the waste within GSA, an agency that porting of farm product raw mate- and was given permission to address has nearly a $10 billion slush fund that rials.’’ the House for 1 minute and to revise they hide from the American taxpayers According to the Department of and extend his remarks.) every single year. Labor, ‘‘prohibited places of employ- Mr. SAM JOHNSON of Texas. Madam Today I’m going to be introducing a ment would include county grain ele- Speaker, I rise today to congratulate bill that will request transparency on vators, grain bins, feedlots, stockyards, the recent victories of two Plano high an annual basis, show an annual audit and livestock exchanges.’’ school teams: the 2012 Plano West girls so the American taxpayers can see ex- Anyone under 16 would not be al- soccer State champions and the 2012 actly where this waste is going and lowed to drive any type of power equip- Plano Senior High School WorldQuest hold this agency accountable. ment, including tractors. So if the National Champions. We’re going to hold another hearing farmer wants to hire a young boy to Last weekend, the Plano West girls on the issue to make sure that the help him move some hay, it’d be a soccer team defeated Katy Seven waste stops, and that we actually start crime? Lakes, earning the school its fifth selling off some of the buildings that People who know nothing about State title. Under first-year Coach are sitting vacant right now today, an farms are trying to stop educating our Carley Phillips, who won the school a opportunity for Republicans and Demo- future farmers, because a lot of these

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.016 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2081 farm kids grow up to be farmers. Now ARMENIAN GENOCIDE minute and to revise and extend her re- we’re faced with the problem that the (Mr. COSTA asked and was given per- marks.) average farmer in the United States is mission to address the House for 1 Ms. BERKLEY. Madam Speaker, de- spite the fact that President Obama over 50. minute and to revise and extend his re- took swift action to punish those re- If the regulators have their way, and marks.) sponsible for the outrageous abuse at young people are shut out, there will Mr. COSTA. Madam Speaker, 97 the GSA, some in Washington, like the be a lost generation of American farm- years ago, the Ottoman Empire orches- junior Senator from Kentucky, are ers. This ought not to be, but that’s trated a murderous campaign that re- looking to score cheap political points just the way it is. sulted in the death of 1.5 million Arme- by attacking Las Vegas and Nevada’s nian men, women, and children and f tourism industry. forced hundreds of thousands into These Republicans are trying to KEEPING OUR FLYING PUBLIC exile. bring back the last administration’s SAFE Growing up in Fresno, California, the so-called blacklist of resort cities like place William Saroyan, a great Amer- (Mr. HIGGINS asked and was given Las Vegas and Reno, prohibiting Fed- ican author of Armenian descent, permission to address the House for 1 eral agencies from traveling to Nevada called home, I heard the stories of this minute.) to hold conferences and seminars. This tragic time between 1915 and 1923. The Mr. HIGGINS. Madam Speaker, just policy has damaged the reputation of sons and daughters of survivors, time over 3 years ago, Continental Connec- my State, hurt our economy, and and time again, told the stories of their tion Flight 3407 crashed in my western killed jobs. Thanks to President families. New York community and that of Con- Obama, this blacklist was lifted and The facts are clear. What happened 97 gresswoman CATHY HOCHUL. Sadly, all discrimination against Las Vegas and years ago can only be called by one aboard were killed. Reno was ended. name: genocide—the first genocide of In the wake of this tragic crash, the It’s time that we make this policy the 20th century. Yet after nearly a families of the passengers on board permanent. That’s why I’m going to in- century, the House of Representatives Flight 3407 joined together and success- troduce legislation to prohibit the and current and past American Presi- fully fought for the inclusion of strong blacklisting of any city in America. dents have refused to recognize the Ar- airline safety provisions in the Federal This means discrimination against cit- menian genocide as such. Aviation Administration’s reauthoriza- ies like Las Vegas and Reno will be il- We cannot wait for a convenient mo- tion, which was signed into law in Au- legal. ment, for it’s not a convenient truth. gust of 2010. Las Vegas wasn’t the problem; the ir- Man’s inhumanity to mankind never is. Crewmember screening and qualifica- responsible behavior of the GSA was. Now is the time to pass House Resolu- tions, in addition to pilot certification I urge my colleagues to stand up for tion 304 that I am a cosponsor of and requirements, were factors that, if jobs and join me in cosponsoring this formally recognize the Armenian geno- properly monitored, could have pre- legislation. cide. vented the crash. We must see to it f that the FAA follows through on the f STAFFORD LOANS implementation of the reforms passed STAFFORD LOANS (Ms. HANABUSA asked and was by this Congress. given permission to address the House Madam Speaker, keeping our flying (Ms. HAHN asked and was given per- mission to address the House for 1 for 1 minute.) public safe should be a top priority. I Ms. HANABUSA. Madam Speaker, I am committed to continuing the fight minute.) Ms. HAHN. This past Friday, I spoke represent Hawaii, the youngest State on behalf of the memory of those we in this Union. Many of our people im- lost on that day, and I urge my col- to the graduates of Pepperdine Univer- sity School of Public Policy. I gave the migrated to our wonderful State within leagues to join our efforts to achieve the last hundred-plus years. When they safer skies for all Americans. commencement address. Like many other students who will immigrated, they came to work on f be graduating this year, they are deter- plantations for the most part, and they mined and eager to take on the dif- knew one thing: for their children to be b 1320 ficult challenges of this world. Unfor- better, to get ahead, they needed an tunately, many of them are leaving education. And there has always been a BRIAN TERRY college with a mountain of student very strong belief that education was (Mr. ISSA asked and was given per- debt—debt that can keep them from the answer. This July, we will see the most pop- mission to address the House for 1 pursuing opportunities which may not ular student loan increase in its inter- minute and to revise and extend his re- yield short-term financial rewards but est rate from 3.4 to 6.8 percent. It will marks.) could make our world a better place to affect 7.4 million students and will Mr. ISSA. Madam Speaker, I rise live. You don’t have to look far to find mean $1,000 a month more for each and today to take note of something that these amazing young people. Our of- fices are filled with them. every one of them. occurred in this body, the other body, Think about it, Madam Speaker. We Others have said it today, but I’m and on June 16 will occur in Arizona. say the students are our future. We going to say it again. We must pass Brian Terry died more than a year need them to be in college so that we legislation to prevent the interest rate ago as a border patrol agent serving his will be the great Nation that we once on Stafford loans from doubling this country on the Arizona border. He was were. Then I ask you: Why is it that we July 1. shot and killed by smugglers with haven’t taken up the legislation to It’s also why I’ve introduced H.R. weapons that ultimately came from again freeze the loan rates? the United States and went across the 4286, which would allow students to Keep it at 3.4 percent so we can have border under the Operation Fast and begin paying back their Federal loans our future, and we can show these stu- Furious program. That’s controversial. 12 months after they graduate instead dents that we really believe in them But there is no controversy that of 6, and I hope I have support on that. and invest in them. Brian Terry lived and exemplified the This is commonsense legislation that f American spirit in serving his country will allow new grads the chance to in the military and then as a border pa- start their careers without the burden MARQUIS ALEXANDER trol agent. of monthly student loan payments. (Ms. JACKSON LEE of Texas asked On June 16, that border patrol sta- f and was given permission to address tion will open. On June 16, thanks to the House for 1 minute and to revise action here in the House weeks ago and THE BLACKLISTING OF STATES and extend her remarks.) in the Senate today, we will in fact (Ms. BERKLEY asked and was given Ms. JACKSON LEE of Texas. Madam name it after Brian Terry. permission to address the House for 1 Speaker, I rise today to acknowledge a

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.047 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2082 CONGRESSIONAL RECORD — HOUSE April 25, 2012 milestone reached by Marquis Alex- cause it supports American job cre- TITLE II—FEDERAL ACCOUNTABILITY ander. He is the first African American ation. AND SPENDING TRANSPARENCY COM- to become commander of the Texas Since 2007, companies in my home MISSION A&M Corps of Cadets. State of Virginia have supported al- Sec. 201. Federal Accountability and Spend- Currently, Marquis is a corporal in most a billion dollars in export sales ing Transparency Commission. Sec. 202. Conforming amendment relating to the U.S. Marine Reserves and a rising because of the bank, with those in my compensation of Chairman. senior majoring in international stud- district alone supporting $130 million Sec. 203. Conforming amendments related to ies. Congratulations. in exports. Recovery Accountability and The history of African Americans at Last week, House Republicans Transparency Board. A&M University dates back to the brought up a bill to help small busi- TITLE III—ADDITIONAL PROVISIONS founding of the institution. African nesses, allegedly, that will cost tax- Sec. 301. Classified information. Americans in the Texas Legislature ad- payers $46 billion. Eighty-five percent Sec. 302. Paperwork Reduction Act exemp- vocated for and supported the passage of the Export-Import Bank’s trans- tion. of the Moral Land Grant Act in 1866, actions aid those very same small busi- Sec. 303. Matching program exception for in- which established A&M College of spectors general. nesses, and the bank provides a net Sec. 304. Transfer of Consolidated Federal Texas between 1876 and 1963. African benefit to taxpayers—more than $4 bil- Funds Report. Americans worked at Texas A&M as la- lion over the last 6 years. Sec. 305. Transfer of authority over Catalog borers, maids, custodians, and various The Export-Import Bank is good of Federal Domestic Assistance other support staff; however, they were business, Madam Speaker. It creates to Commission. prohibited from attending as students jobs. It supports American companies, Sec. 306. Government Accountability Office and faculty until 1963. and it returns a profit to the American Improvement. It’s been a long time, but here we are Sec. 307. Amendments to the Inspector Gen- taxpayer. I urge my colleagues to sup- eral Act of 1978 and the Inspec- today to congratulate this young man, port its reauthorization. tor General Reform Act of 2008. a graduate of Barbara Jordan High f Sec. 308. Limits and transparency for travel School in the 18th Congressional Dis- and conference spending. trict, my district, in Houston, Texas. b 1330 Sec. 309. Effective date. He is the oldest of 10 children, and the SEC. 3. DEFINITIONS. first in his family to go to college. He ANNOUNCEMENT BY THE SPEAKER In this Act: is said to be an admirable and mature PRO TEMPORE (1) The term ‘‘Commission’’ means the young man. Alexander is currently a The SPEAKER pro tempore (Mrs. Federal Accountability and Spending Trans- parency Commission established under sub- corporal in the Marine Reserves. He MILLER of Michigan). Pursuant to chapter III of chapter 36 of title 31, United has become the first person with mili- clause 8 of rule XX, the Chair will post- States Code, as added by this Act. tary experience to head the corps. pone further proceedings today on mo- (2) The term ‘‘Executive agency’’ has the Texas A&M University has the proud tions to suspend the rules on which a meaning provided by section 105 of title 5, distinction of having the most grad- recorded vote or the yeas and nays are United States Code, except the term does not uates to enlist in our Nation’s Armed ordered, or on which the vote incurs include the Government Accountability Of- Forces when compared to other non- objection under clause 6 of rule XX. fice. military academies. Record votes on postponed questions TITLE I—ACCOUNTABILITY AND Mr. Alexander grew up in my home will be taken later. TRANSPARENCY IN FEDERAL SPENDING SEC. 101. GENERAL REQUIREMENTS FOR AC- city of Houston. Our city is proud of f his achievements. He has always want- COUNTABILITY AND TRANSPARENCY IN FEDERAL SPENDING. ed to attend Texas A&M. He was so DIGITAL ACCOUNTABILITY AND (a) IN GENERAL.—Subtitle III of title 31, gung ho for the military that he par- TRANSPARENCY ACT OF 2012 United States Code, is amended by inserting ticipated in the Texas A&M Junior Mr. ISSA. Madam Speaker, I move to after chapter 35 the following new chapter: Cadet Accessions Program while still suspend the rules and pass the bill ‘‘CHAPTER 36—ACCOUNTABILITY AND in high school. A week after enlisting (H.R. 2146) to amend title 31, United TRANSPARENCY IN FEDERAL SPENDING in the Marine Corps, he received a let- States Code, to require accountability ‘‘SUBCHAPTER I—REPORTING REQUIREMENTS ter of acceptance from Texas A&M. Yet and transparency in Federal spending, ‘‘3601. Definitions. true to his word and commitment, and for other purposes, as amended. ‘‘3602. Recipient reporting requirement. Alexander attended boot camp at the The Clerk read the title of the bill. ‘‘3603. Agency reporting requirement. ‘‘3604. Treasury reporting requirement. Marine Corps Depot in San Diego. The text of the bill is as follows: He is the kind of young American ‘‘3605. Exemptions from recipient reporting H.R. 2146 that we can be proud of. I am so proud requirement. of him. Congratulations to you and Be it enacted by the Senate and House of Rep- ‘‘SUBCHAPTER II—DATA STANDARDIZATION resentatives of the United States of America in ‘‘3611. Data standardization for reporting in- your family. This is a glory hallelujah Congress assembled, day, and congratulations to Texas formation. SECTION 1. SHORT TITLE. ‘‘3612. Full disclosure of information. A&M for opening it up to being a stu- This Act may be cited as the ‘‘Digital Ac- ‘‘3613. Federal accountability portal. dent body president and yell leader. countability and Transparency Act of 2012’’ ‘‘3614. Agency responsibilities. f or the ‘‘DATA Act’’. ‘‘3615. Consolidated financial reporting. ‘‘3616. Office of Management and Budget re- SEC. 2. TABLE OF CONTENTS. EXPORT-IMPORT BANK sponsibilities. The table of contents for this Act is as fol- (Mr. CONNOLLY of Virginia asked ‘‘3617. Treasury responsibilities. lows: ‘‘3618. General Services Administration re- and was given permission to address Sec. 1. Short title. sponsibilities. the House for 1 minute and to revise Sec. 2. Table of contents. ‘‘SUBCHAPTER III—FEDERAL ACCOUNTABILITY and extend his remarks.) Sec. 3. Definitions. AND SPENDING TRANSPARENCY COMMISSION Mr. CONNOLLY of Virginia. Madam TITLE I—ACCOUNTABILITY AND ‘‘3621. Establishment. Speaker, over the years, it’s become TRANSPARENCY IN FEDERAL SPENDING ‘‘3622. Composition of the Commission. harder to find the ‘‘Made in America’’ Sec. 101. General requirements for account- ‘‘3623. Functions. label even though we know that a ro- ability and transparency in ‘‘3624. Powers. bust manufacturing industry is essen- Federal spending. ‘‘3625. Employment, personnel, and related tial for our economy and it creates Sec. 102. Data standardization for account- authorities. jobs. ability and transparency in ‘‘3626. Transfer of certain personnel. Federal spending. ‘‘3627. Advisory committee to Commission. Thankfully, we’ve got a great oppor- ‘‘3628. Authorization and availability of ap- tunity to help manufacturing, the Ex- Sec. 103. Amendments to the Federal Fund- ing Accountability and Trans- propriations. port-Import Bank, the entity that parency Act of 2006. ‘‘3629. Sunset. helps American companies export Sec. 104. Effective date and deadlines for ac- ‘‘SUBCHAPTER IV—GENERAL PROVISIONS American goods. The U.S. Chamber has countability and transparency ‘‘3641. Independence of inspectors general. urged the bank’s reauthorization be- in Federal spending. ‘‘3642. Effective date.

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0655 E:\CR\FM\K25AP7.048 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2083 ‘‘SUBCHAPTER I—REPORTING service standardized format where applica- utive agency under subsection (a) that re- REQUIREMENTS ble. lates to a Federal award shall contain the ‘‘§ 3601. Definitions ‘‘(B) An identification of the recipient and following information for that Federal ‘‘In this chapter: the parent entity of the recipient, if the re- award: ‘‘(1) RECIPIENT.—The term ‘recipient’ cipient is owned by another entity. ‘‘(i) An identification of the recipient, in- means— ‘‘(C) An identification of the Executive cluding the recipient’s name and location ‘‘(A) any person that receives Federal agency. (including city, State, congressional district, funds pursuant to a Federal award, either di- ‘‘(D) An identification of the Federal and country), with location information pro- rectly or through a subgrant or subcontract award. vided in proper United States Postal Service at any tier; and ‘‘(E) If applicable, an identification of the standardized format, including ZIP+4, or ‘‘(B) any State, local, or tribal govern- program pursuant to which the Federal proper international postal service standard- ment, or any government corporation, that award was awarded. ized format where applicable. receives Federal funds pursuant to a Federal ‘‘(F) The total amount of Federal funds re- ‘‘(ii) An identification of the recipient and award, either directly or through a subgrant ceived from that Executive agency for the the parent entity of the recipient, should the or subcontract at any tier. Federal award, during the period covered by entity be owned by another entity. ‘‘(2) FEDERAL AWARD.—The term ‘Federal the report. ‘‘(iii) An identification of the Executive award’ means Federal financial assistance ‘‘(G) The amount of Federal funds from the agency. and expenditures that— Federal award that were expended or obli- ‘‘(iv) An identification of the Federal ‘‘(A) include grants, subgrants, loans, gated by the recipient to projects or activi- award. awards, cooperative agreements, agreements ties during the period covered by the report. ‘‘(v) If applicable, an identification of the entered into under other transactional au- ‘‘(H) A list of all projects or activities for program pursuant to which the Federal thority, and other forms of financial assist- which Federal funds were expended or obli- award was awarded. ance; and gated. ‘‘(vi) If necessary, the total amount of the ‘‘(B) include contracts, subcontracts, pur- ‘‘(I) If the Federal award is a prime award, award. chase orders, task orders, and delivery or- an identification of its immediate sub- ‘‘(vii) The total amount of Federal funds ders. awards. received by the recipient from the Executive ‘‘(3) COMMISSION.—The term ‘Commission’ ‘‘(J) If the Federal award is a subaward, an agency for the Federal award, during the pe- means the Federal Accountability and identification of its immediate prime award. riod covered by the report. Spending Transparency Commission estab- ‘‘(K) Such additional information reason- ‘‘(viii) Information on the award, including lished under subchapter III of this chapter, ably related to the receipt and use of Federal transaction type, funding agency, the North or any successor entity to the Federal Ac- funds as the Commission shall, by rule, re- American Industry Classification System countability and Spending Transparency quire. code or Catalog of Federal Domestic Assist- Commission. ‘‘(3) USE OF DATA STANDARDS.—The reports ance number (if applicable), the program ‘‘(4) CHAIRMAN.—The term ‘Chairman’ submitted under this section shall use the source, and an award title descriptive of the means the Chairman of the Federal Account- common data elements and data reporting purpose of each funding action. ability and Spending Transparency Commis- standards designated by the Commission ‘‘(ix) Such additional information reason- sion. under section 3611 of this title. ably related to the Federal award as the ‘‘(5) EXECUTIVE AGENCY.—The term ‘Execu- ‘‘(c) FULFILLMENT OF REQUIREMENTS BY Commission shall, by rule, require. tive agency’ has the meaning provided by PRIME AWARDEES.—The Commission shall, by ‘‘(B) INFORMATION NOT RELATING TO FED- section 105 of title 5, except the term does rule, permit prime awardees to fulfill the re- ERAL AWARDS.—The content of each report not include the Government Accountability quirements of this section on behalf of sub- submitted by an Executive agency under Office. awardees, so long as all subaward tiers are subsection (a) that does not relate to a Fed- ‘‘(6) FOREIGN CORRUPT PRACTICES ACT OF reported. eral award shall be designated by the Com- 1977.—The term ‘Foreign Corrupt Practices ‘‘(d) GUIDANCE BY COMMISSION.—The Com- mission, by rule, and after consultation with Act of 1977’ means— mission shall issue guidance to recipients on the Office of Management and Budget. ‘‘(A) section 30A of the Securities Ex- compliance with this section. ‘‘(C) IDENTIFICATION INFORMATION.—To the change Act of 1934 (15 U.S.C. 78dd–1); and ‘‘(e) PREPOPULATION.—To the extent prac- extent practicable, reports submitted by ‘‘(B) sections 104 and 104A of the Foreign ticable, the Commission shall prepopulate agencies under subsection (a) shall identify Corrupt Practices Act (15 U.S.C. 78dd–2). its electronic systems for the submission of the programs, budget functions, Treasury ac- ‘‘§ 3602. Recipient reporting requirement reports required by this section with data counts, and appropriations categories pursu- submitted to it by agencies under section ‘‘(a) REQUIREMENT.—Each recipient shall ant to which Federal funds are obligated or 3603 of this title, and shall permit recipients report to the Commission each receipt and expended. either to confirm that prepopulated data is use of Federal funds pursuant to a Federal ‘‘(D) USE OF OTHER REPORTING INFORMA- correct or, if it is incorrect, to make correc- award. TION.—To the extent practicable, the Com- ‘‘(b) CHARACTERISTICS OF REPORTS.— tions. mission shall permit agencies to comply ‘‘(f) REGISTRATION.—Recipients required to ‘‘(1) FREQUENCY OF REPORTS.— with subsection (a) by submitting the same report information under subsection (a) shall ‘‘(A) IN GENERAL.—The Commission shall information that they submit or contribute designate, by rule, the frequency of reports register with the Central Contractor Reg- for other governmentwide reporting require- to be submitted by recipients under sub- istration database or complete such other ments, including the following: section (a), but the frequency shall not be registration requirements as the Commis- ‘‘(i) For information about Federal less than once each quarter. sion shall, by rule, require. awards— ‘‘(B) DEADLINES.—The Commission shall, ‘‘§ 3603. Agency reporting requirement ‘‘(I) the Federal assistance awards data by rule, specify deadlines by which a par- ‘‘(a) REQUIREMENT.—Each Executive agen- system established pursuant to section 6102a ticular receipt or use of Federal funds must cy shall report to the Commission all obliga- of title 31, United States Code; be reported by a recipient under subsection tions and expenditures of Federal funds. ‘‘(II) the Federal procurement data system (a). In specifying deadlines under this sub- ‘‘(b) CHARACTERISTICS OF REPORTS.— established pursuant to section 1122(a)(4) of paragraph, the Commission shall take into ‘‘(1) FREQUENCY OF REPORTS.— title 41, United States Code; account the capabilities of the management ‘‘(A) IN GENERAL.—The Commission shall ‘‘(III) the common application and report- and accounting systems and processes of re- designate, by rule, and after consultation ing system established pursuant to section 6 cipients. The Commission shall, by rule, pro- with the Office of Management and Budget, of the Federal Financial Assistance Manage- vide for extensions of the deadlines specified the frequency of reports to be submitted by ment Improvement Act of 1999 (31 U.S.C. 6101 under this subparagraph in cases of hardship agencies under subsection (a), but the fre- note); or or emergency. quency shall not be less than once each quar- ‘‘(IV) such systems as may be established ‘‘(C) CONTINUOUS OR AUTOMATIC REPORT- ter. to replace or supplement the systems identi- ING.—To the extent practicable, the Commis- ‘‘(B) DEADLINES.—The Commission shall, fied in this clause. sion shall require continuous or automatic by rule, and after consultation with the Of- ‘‘(ii) For information about internal ex- reporting for compliance with this section. fice of Management and Budget, specify the penditures and accounting, the Federal ‘‘(2) CONTENT OF REPORTS.—Each report deadline by which an obligation or expendi- Agencies’ Centralized Trial-Balance Systems submitted by a recipient under subsection (a) ture must be reported by an agency under (FACTS I and FACTS II), the Government- shall contain the following information: subsection (a). wide Financial Report System (GFRS), the ‘‘(A) An identification of the recipient, in- ‘‘(C) CONTINUOUS OR AUTOMATIC REPORT- Intragovernmental Fiduciary Confirmation cluding the recipient’s name and location ING.—To the extent practicable, the Commis- System (IFCS), or such systems as may be (including city, county, State, congressional sion shall require continuous or automatic established to replace or supplement such district, and country), with location infor- reporting for compliance with this section. systems. mation provided in proper United States ‘‘(2) CONTENT OF REPORT.— ‘‘(3) USE OF DATA STANDARDS.—The reports Postal Service standardized format, includ- ‘‘(A) INFORMATION RELATING TO FEDERAL submitted under this section shall use the ing ZIP+4, or proper international postal AWARDS.—Each report submitted by an Exec- common data elements and data reporting

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Federal accountability portal under section 3611 of this title. subsection (a)(2) to maintain the constant ‘‘(a) REQUIREMENT.—The Commission shall ‘‘(4) INFORMATION ALSO SUBJECT TO RECIPI- dollar value of the threshold.’’. establish and maintain a government-wide ENT REPORTING REQUIREMENT.—In complying (b) CLERICAL AMENDMENT.—The table of Internet-based data access system, to be with this section, each Executive agency chapters at the beginning of subtitle III of known as a ‘Federal accountability portal’, shall identify, to the extent practicable, Fed- title 31, United States Code, is amended by to carry out the functions described in sub- eral awards made by the agency that are inserting after the item relating to chapter section (b). subject to the recipient reporting require- 35 the following new item: ‘‘(b) FUNCTIONS.— ment of section 3602 of this title so that in- ‘‘36. Accountability and Transparency ‘‘(1) IN GENERAL.—The Federal account- formation reported by recipients and infor- in Federal Spending ...... 3601’’. ability portal shall incorporate— mation reported by the agency can be di- ‘‘(A) information submitted by recipients SEC. 102. DATA STANDARDIZATION FOR AC- rectly compared. COUNTABILITY AND TRANSPARENCY and agencies under sections 3602, 3603, and ‘‘(c) GUIDANCE BY COMMISSION.—The Com- IN FEDERAL SPENDING. 3604 of this title; mission shall issue guidance to Executive Chapter 36 of title 31, United States Code, ‘‘(B) other information maintained by Fed- agencies on compliance with this section. as added by section 101, is amended by add- eral, State, local, and foreign government ‘‘(d) COMMISSION TO MONITOR COMPLIANCE.— ing at the end the following new subchapter: agencies; and The Commission shall regularly report to ‘‘(C) other commercially and publicly Congress on each Executive agency’s compli- ‘‘SUBCHAPTER II—DATA available information. STANDARDIZATION ance with this section, including the timeli- ‘‘(2) SPECIFIC FUNCTIONS.—The Federal ac- ness, completeness, accuracy, and interoper- ‘‘§ 3611. Data standardization for reporting countability portal shall be designed and op- ability of the data submitted by each Execu- information erated to carry out the following functions: tive agency. The Commission shall make ‘‘(a) COMMON DATA ELEMENTS.— ‘‘(A) Combine information submitted by these reports publicly available contempora- ‘‘(1) REQUIREMENT.—The Commission shall, recipients and agencies under sections 3602, neously online. by rule, designate common data elements, 3603, and 3604 of this title with other com- ‘‘§ 3604. Treasury reporting requirement such as codes, identifiers, and fields, for in- pilations of information, including those ‘‘(a) REQUIREMENT.—The Department of the formation required to be reported by recipi- listed in paragraph (1). Treasury shall report to the Commission dis- ents and agencies under this chapter, includ- ‘‘(B) Permit Executive agencies, in accord- bursements of Federal funds. ing identifiers for recipients, awards, and ance with applicable law, to verify the eligi- ‘‘(b) CHARACTERISTICS OF REPORTS.— agencies. bility and responsibility of recipients and po- ‘‘(1) FREQUENCY OF REPORTS.— ‘‘(2) CHARACTERISTICS OF COMMON DATA ELE- tential recipients with respect to the receipt ‘‘(A) IN GENERAL.—The Commission and the MENTS.—The common data elements des- and use of Federal funds. Secretary of the Treasury shall determine ignated under this subsection shall, to the ‘‘(C) Permit Executive agencies, inspectors the frequency of reports submitted by the extent practicable, be nonproprietary. general, law enforcement agencies, and ap- Department of the Treasury under sub- ‘‘(3) EXISTING COMMON DATA ELEMENTS.—In propriate State authorities, in accordance section (a), but the frequency shall not be designating common data elements under with applicable law, to track Federal awards less than once each quarter. this subsection, the Commission shall, to the and recipients to detect and prevent waste, ‘‘(B) CONTINUOUS OR AUTOMATIC REPORT- extent practicable, ensure interoperability fraud, and abuse. ING.—To the extent practicable, the Commis- and incorporate the following: ‘‘(D) Serve as the primary accountability sion and the Department of the Treasury ‘‘(A) Common data elements developed and portal for the entire Federal Government. shall establish continuous or automatic re- maintained by an international voluntary ‘‘(c) GUIDANCE BY COMMISSION.—The Com- porting for compliance with this section. consensus standards body, as defined by the mission shall issue guidance on the use of ‘‘(2) CONTENT OF REPORT.— Office of Management and Budget, such as and access to the Federal accountability por- tal. ‘‘(A) The Commission and the Secretary of the International Organization for Standard- the Treasury shall determine the content of ization. ‘‘§ 3614. Agency responsibilities reports submitted by the Department of the ‘‘(B) Common data elements developed and ‘‘(a) REQUIREMENT.—As a condition of re- Treasury under subsection (a). maintained by intragovernmental partner- ceipt of Federal funds of an Executive agen- ‘‘(B) To the extent practicable, reports sub- ships, such as the National Information Ex- cy pursuant to any Federal award, the Exec- mitted by the Department of the Treasury change Model. utive agency shall require any recipient of under subsection (a) shall identify the pro- ‘‘(C) Common data elements developed and such funds to provide the information re- grams, budget functions, Treasury accounts, maintained by Federal entities with author- quired under section 3602 of this title. and appropriations categories pursuant to ity over contracting and financial assist- ‘‘(b) PENALTIES FOR RECIPIENT NONCOMPLI- which Federal funds are disbursed. ance, such as the Federal Acquisition Regu- ANCE.— ‘‘(3) USE OF DATA STANDARDS.—The reports latory Council. ‘‘(1) IN GENERAL.—The head of an Executive submitted under this section shall use the ‘‘(D) Common data elements developed and agency may impose a civil penalty in an common data elements and data reporting maintained by accounting standards organi- amount not more than $250,000 on a recipient standards designated by the Commission zations. of Federal funds from that Executive agency that does not provide the information re- under section 3611 of this title. ‘‘(b) DATA REPORTING STANDARDS.— quired under section 3602 of this title or pro- ‘‘(c) COMMISSION TO MONITOR COMPLIANCE.— ‘‘(1) REQUIREMENT.—The Commission shall, The Commission shall regularly submit to by rule, designate data reporting standards vides information that contains a material Congress reports on compliance by the De- to govern the reporting required to be per- omission or misstatement. partment of the Treasury with this section, formed by recipients and agencies under this ‘‘(2) NONPRECLUSION.—The imposition of a including the timeliness, completeness, ac- title. civil penalty under this subsection does not curacy, and interoperability of the data sub- preclude any other criminal or civil statu- ‘‘(2) CHARACTERISTICS OF DATA REPORTING mitted. The Commission shall make all re- tory, common law, or administrative remedy STANDARDS.—The data reporting standards ports submitted under this subsection pub- designated under this subsection shall, to that is available by law to the United States licly available contemporaneously online. the extent practicable— or any other person. Any amounts received ‘‘§ 3605. Exemptions from recipient reporting ‘‘(A) incorporate a widely accepted, non- from a civil penalty under this subsection requirement proprietary, searchable, platform-inde- shall be deposited in the Treasury of the ‘‘(a) EXEMPTION.—A recipient is exempt pendent computer-readable format; United States to the credit of the appropria- from the reporting requirement of section ‘‘(B) be consistent with and implement ap- tion or appropriations from which the award 3602 of this title with respect to funds re- plicable accounting principles; and is made. ceived pursuant to a Federal award if— ‘‘(C) be capable of being continually up- ‘‘(3) NOTIFICATION.—The head of an Execu- ‘‘(1) the recipient is an individual; and graded as necessary. tive agency shall provide a written notifica- tion to a recipient that fails to provide the ‘‘(2) either— ‘‘(3) EXISTING DATA REPORTING STAND- information required under section 3602 of ‘‘(A) the total amount of Federal funds re- ARDS.—In designating reporting standards ceived by the recipient does not exceed under this subsection, the Commission shall, this title or provides information that con- $100,000 in the current calendar year or fiscal to the extent practicable, incorporate exist- tains a material omission or misstatement. year; or ing nonproprietary standards, such as the Such notification shall provide the recipient ‘‘(B) no transaction in which the recipient eXtensible Business Reporting Language with information on how to comply with the has received Federal funds during the cur- (XBRL). requirements of such section 3602 and notice rent calendar year or fiscal year has exceed- of the penalties for failing to do so. The head ‘‘§ 3612. Full disclosure of information ed $24,999. of the Executive agency may not impose a ‘‘(b) AUTHORITY TO GRANT ADDITIONAL EX- ‘‘The Commission shall publish online all civil penalty under paragraph (1) until 60 EMPTIONS.—The Commission may, by rule, information submitted by recipients and days after the date of the notification. grant additional exemptions under this sec- agencies pursuant to sections 3602, 3603, and ‘‘(c) COMPLIANCE WITH COMMISSION GUID- tion for classes or categories of recipients. 3604 of this title in accordance with the Fed- ANCE.—Executive agencies shall comply with ‘‘(c) ADJUSTMENT FOR INFLATION.—The eral Funding Accountability and Trans- the instructions and guidance issued by the Commission shall, by rule, provide for an ad- parency Act of 2006 (31 U.S.C. 6101 note). Commission under this Act.

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‘‘(d) INFORMATION AND ASSISTANCE.— may be met by recipients of Federal funds ‘‘(E) permit all information published ‘‘(1) IN GENERAL.—Upon request of the from that agency through reporting to the under subsections (b), (c), and (d) to be Commission for information or assistance Commission only. downloaded, including downloaded in bulk; from any Executive agency or other entity of ‘‘(2) Upon receipt of agency-specific finan- ‘‘(F) to the extent practicable, disseminate the Federal Government, the head of such cial reporting information as described information published under subsections (b), entity shall, insofar as is practicable and not under this section, the Commission shall im- (c), and (d) via automatic electronic means; in contravention of any existing law, furnish mediately make such information available ‘‘(G) to the extent practicable, permit in- such information or assistance to the Com- to the Executive agency to which the infor- formation published under subsections (b), mission, or an authorized designee. mation had previously been required to be (c), and (d) to be freely shared by the public, ‘‘(2) REPORT OF REFUSALS.—Whenever infor- submitted. such as by social media; and mation or assistance requested by the Com- ‘‘§ 3616. Office of Management and Budget re- ‘‘(H) to the extent practicable, use perma- mission is, in the judgment of the Commis- sponsibilities nent uniform resource locators for informa- sion, unreasonably refused or not provided, ‘‘After the Commission designates any tion published under subsections (b), (c), and the Commission shall report the cir- common data element or data reporting (d).’’. cumstances to Congress. standard under section 3611 of this title, the (b) REQUIREMENT TO REPORT ALL DATA ‘‘(e) REQUIREMENT TO USE COMMON DATA Director of the Office of Management and SUBMITTED UNDER DATA ACT AND CHAPTER ELEMENTS AND DATA REPORTING STAND- Budget shall issue guidance that requires Ex- 61 OF TITLE 31 ON USASPENDING.GOV.—Sec- ARDS.—After the Commission designates any ecutive agencies to use that common data tion 2 of the Federal Funding Accountability common data element or data reporting element or data reporting standard for any and Transparency Act of 2006 (31 U.S.C. 6101 standard under section 3611 of this title, each information reported by Executive agencies note), as amended by subsection (a), is fur- Executive agency shall issue guidance that to the Office of Management and Budget to ther amended— requires every recipient of Federal funds which the common data element or data re- (1) by striking subsections (d) and (e); under any of its Federal awards to use that porting standard is applicable. (2) by redesignating subsection (c) as sub- section (e); and common data element or data reporting ‘‘§ 3617. Treasury responsibilities standard for any information reported to (3) by inserting after subsection (b) the fol- ‘‘After the Commission designates any that Executive agency to which the common lowing new subsections (c) and (d): common data element or data reporting data element or data reporting standard is ‘‘(c) FULL DISCLOSURE OF DATA SUBMITTED standard under section 3611 of this title, the UNDER THE DIGITAL ACCOUNTABILITY AND applicable. Secretary of the Treasury shall issue guid- ‘‘(f) PREPOPULATION.—To the extent prac- TRANSPARENCY ACT OF 2012.— ance that requires Executive agencies to use ticable, each Executive agency shall use data ‘‘(1) REQUIREMENT.—The Commission shall that common data element or data reporting from the website maintained by the Commis- publish on the website established under this standard for any information reported by Ex- section all information submitted by recipi- sion under the Federal Funding Account- ecutive agencies to the Department of the ability and Transparency Act of 2006 (31 ents and agencies pursuant to sections 3602, Treasury to which the common data element 3603, and 3604 of title 31, United States Code, U.S.C. 6101 note) to prepopulate any elec- or data reporting standard is applicable. tronic systems maintained by that agency as added by the Digital Accountability and for the submission of reports on the receipt ‘‘§ 3618. General Services Administration re- Transparency Act of 2012. and use of Federal funds distributed by that sponsibilities ‘‘(2) AGGREGATION OF INFORMATION THAT IS agency. ‘‘After the Commission designates any EXEMPT FROM RECIPIENT REPORTING REQUIRE- common data element or data reporting MENT.—The Commission shall publish, online ‘‘§ 3615. Consolidated financial reporting standard under section 3611 of this title, the and in the aggregate, information that is ex- ‘‘(a) REPORT IDENTIFYING RECIPIENT FINAN- Administrator of General Services shall empt from recipient reporting under section CIAL REPORTING REQUIREMENTS TO BE CON- apply that common data element or data re- 3605 of such title but that is reported by an SOLIDATED.—In consultation with the Office porting standard for any information con- Executive agency under section 3603 of such of Management and Budget, each Executive tained in acquisition-related databases title in the aggregate. agency shall, not later than two years after maintained by the General Services Admin- ‘‘(d) FULL DISCLOSURE OF INFORMATION RE- the effective date of this chapter, submit to istration to which the common data element QUIRED BY CHAPTER 61 OF TITLE 31.—The the President, Congress, and the Commission or data reporting standard is applicable.’’. Commission shall publish on the website es- a report that— SEC. 103. AMENDMENTS TO THE FEDERAL FUND- tablished under this section all information ‘‘(1) describes any agency-specific financial ING ACCOUNTABILITY AND TRANS- contained in the information system re- reporting requirements for recipients of Fed- PARENCY ACT OF 2006. quired under section 6103 of title 31, United eral funds pursuant to a Federal award from (a) ADDITIONAL REQUIREMENTS FOR States Code.’’. the agency; USASPENDING.GOV.—Section 2(c) of the Fed- (c) ADDITIONAL DEFINITIONS.—Subsection ‘‘(2) identifies every element of informa- eral Funding Accountability and Trans- 2(a) of the Federal Funding Accountability tion that such recipients must regularly sub- parency Act of 2006 (31 U.S.C. 6101 note) is and Transparency Act of 2006 (31 U.S.C. 6101 mit to the agency pursuant to such require- amended— note) is amended by adding at the end the ments; and (1) by striking paragraphs (1) and (2); following: ‘‘(3) for each element so identified, identi- (2) by redesignating paragraphs (3), (4), and ‘‘(4) RECIPIENT.—The term ‘recipient’ fies whether that element or a similar ele- (5) as paragraphs (1), (2), and (3), respec- means— ment is already being reported to the Com- tively; and ‘‘(A) any person that receives Federal mission by such recipients under this title. (3) by adding at the end the following new funds pursuant to a Federal award, either di- ‘‘(b) DATE CERTAIN THAT RECIPIENTS MAY paragraphs: rectly or through a subgrant or subcontract USE CONSOLIDATED FINANCIAL REPORTING.— ‘‘(4) shall, to the extent practicable, pub- at any tier; and Beginning on the date that is three years lish data under this section in a manner that ‘‘(B) any State, local, or tribal govern- after the effective date of this chapter, re- complies with applicable principles and best ment, or any government corporation, that cipients of Federal funds are deemed to have practices in the private sector for the publi- receives Federal funds pursuant to a Federal satisfied the agency-specific financial report- cation of open government data; award, either directly or through a subgrant ing requirements identified in the reports re- ‘‘(5) shall serve as a public portal for Fed- or subcontract at any tier. quired by subsection (a) by transmitting the eral financial information, including infor- ‘‘(5) COMMISSION.—The term ‘Commission’ same information to the Commission, in a mation concerning all Federal awards and means the Federal Accountability and manner prescribed by the Commission. information concerning the expenditure of Spending Transparency Commission estab- ‘‘(c) RECIPIENT NOTIFICATION.—After an Ex- all Federal funds; lished under subchapter III of chapter 36 of ecutive agency has submitted its report ‘‘(6) shall— title 31, United States Code, or any successor under subsection (a), the Executive agency ‘‘(A) make available all information pub- entity to the Federal Accountability and shall issue guidance notifying recipients of lished under subsections (b), (c), and (d) in a Spending Transparency Commission.’’. Federal funds under its awards that they reasonably timely manner; (d) NEW TECHNOLOGIES.—Section 2(f) of the may, as of the date that is three years after ‘‘(B) make available all information pub- Federal Funding Accountability and Trans- the effective date of this chapter, satisfy lished under subsections (b), (c), and (d), parency Act of 2006 is amended— those agency-specific financial reporting re- using the common data elements and data (1) by striking ‘‘Nothing’’ and inserting the quirements identified by the agency in its re- reporting standards designated by the Com- following: port required under subsection (a) by report- mission under section 3611 of title 31, United ‘‘(1) ACCESS TO OTHER DATA.—Nothing’’; and ing the same information to the Commission States Code; (2) by adding at the end the following new only. ‘‘(C) make available all information pub- paragraph: ‘‘(d) COMMISSION RESPONSIBILITIES.— lished under subsections (b), (c), and (d) ‘‘(2) NEW TECHNOLOGIES.—Nothing in this ‘‘(1) After an Executive agency submits its without charge, license, or registration re- Act shall prohibit the Commission from report under subsection (a), the Commission quirement; complying with the requirements of this sec- shall promulgate rules describing the man- ‘‘(D) permit all information published tion using such new technologies as may re- ner in which the agency-specific financial re- under subsections (b), (c), and (d) to be place websites for data publication and dis- porting requirements identified in the report searched and aggregated; semination.’’.

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(e) CONFORMING AMENDMENTS TO REPLACE plement section 3614(a) of title 31, United the day before the effective date of this OMB WITH COMMISSION FOR MANAGEMENT OF States Code, as added by this Act. chapter. USASPENDING.GOV.—Section 2 of such Act (31 (B) Within two years after the Commission ‘‘§ 3622. Composition of the Commission U.S.C. 6101 note) is further amended— designates any common data element or data (1) in subsection (b), by striking ‘‘Office of reporting standard under section 3611 of such ‘‘(a) MEMBERS.— Management and Budget’’ and inserting title, as so added— ‘‘(1) IN GENERAL.—The Commission shall be ‘‘Commission’’ both places it appears in (i) each Executive agency shall issue guid- composed of five Commissioners who shall be paragraph (1); and ance under section 3614(e) of such title, as so appointed by the President, by and with the (2) in subsection (g), by striking ‘‘Director added; consent of the Senate. of the Office of Management and Budget’’ (ii) the Director of the Office of Manage- ‘‘(2) PARTY AFFILIATION.—Not more than and inserting ‘‘Commission’’ in paragraph (1) ment and Budget shall issue guidance under three of the members of the Commission and in paragraph (3). section 3615 of such title, as so added; and shall be members of the same political party. (f) REPEAL OF SUPERSEDED PROVISIONS.— (iii) the Administrator of General Services ‘‘(3) TERM.—Each Commissioner shall hold Section 2(b) of such Act (31 U.S.C. 6101 note) shall take the actions required under section office for a term of five years and until a suc- is further amended by striking paragraphs 3617 of such title, as so added. cessor is appointed and has qualified, except (3) and (4). (4) TREASURY DEADLINES.— that— (g) TECHNICAL AND CONFORMING AMEND- (A) Within 180 days after the effective date ‘‘(A) a Commissioner shall not so continue MENTS.—Such Act (31 U.S.C. 6101 note) is fur- of this Act, the Secretary of the Treasury, to serve beyond the expiration of the next ther amended— together with the Commission, shall deter- session of Congress subsequent to the expira- (1) in section 2(b), by striking ‘‘Not later mine the frequency and content of reports to tion of such term of office; than January 1, 2008, the’’ and inserting be submitted to the Commission by the De- ‘‘(B) any Commissioner appointed to fill a ‘‘The’’; and partment of the Treasury under section 3604 vacancy occurring prior to the expiration of (2) in section 2(g)— of title 31, United States Code, as added by the term for which that Commissioner’s (A) by striking ‘‘Committee on Govern- this Act. predecessor was appointed shall be appointed ment Reform’’ and inserting ‘‘Committee on (B) Within 180 days after the Commission for the remainder of such term; and Oversight and Government Reform’’; and and the Secretary of the Treasury determine ‘‘(C) the terms of office of the Commis- (B) in paragraph (2)— the frequency and content of reports to be sioners first taking office after the enact- (i) by inserting ‘‘and’’ at the end of sub- submitted to the Commission by the Depart- ment of this paragraph shall expire as des- paragraph (A); ment of the Treasury under section 3604 of ignated by the President at the time of nom- (ii) by striking ‘‘; and’’ at the end of sub- such title, as so added, the Department of ination, one at the end of one year, one at paragraph (B) and inserting a period; and the Treasury shall begin to submit such re- the end of two years, one at the end of three (iii) by striking subparagraph (C). ports to the Commission. years, one at the end of four years, and one SEC. 104. EFFECTIVE DATE AND DEADLINES FOR (C) Within two years after the Commission at the end of five years. ACCOUNTABILITY AND TRANS- designates any common data element or data ‘‘(4) COMPENSATION.—An individual ap- PARENCY IN FEDERAL SPENDING. reporting standard under section 3611 of such pointed to the Commission under this sub- (a) EFFECTIVE DATE.—Chapter 36 of title 31, title, as so added, the Secretary of the Treas- section shall be compensated at the rate of United States Code, as added by section 101, ury shall issue guidance under section 3616 of basic pay prescribed for level III of the Exec- is further amended by adding at the end the such title, as so added. utive Schedule under section 5314 of title 5. following new subchapter: (5) RECIPIENT DEADLINES.—Notwithstanding ‘‘(b) CHAIRMAN.— ‘‘SUBCHAPTER IV—GENERAL any other provision of this Act or the ‘‘(1) IN GENERAL.—The President shall ap- PROVISIONS amendments made by this Act, no recipient point, by and with the advice and consent of ‘‘§ 3641. Independence of inspectors general shall be required to comply with this Act or the Senate, a member of the Commission as ‘‘Nothing in this chapter shall affect the such amendments until 180 days after the Chairman, who shall serve as Chairman at independent authority or discretion of an in- Commission has issued rules and guidance the pleasure of the President. An individual spector general to determine whether or how under section 3602 of title 31, United States may be appointed as Chairman at the same to conduct an audit, investigation, or any Code, as added by this Act. time that person is appointed as a Commis- other function authorized by the Inspector (6) TRANSFER OF USASPENDING.GOV.—Within sioner. At any time, the President may ap- General Act of 1978 (5 U.S.C. App.), or to dis- 180 days after the effective date of this Act, point, by and with the advise and consent of close any information relating to an audit or the Commission and the Office of Manage- the Senate, a different Chairman, and the investigation. ment and Budget shall transfer the manage- Commissioner previously appointed as Chair- ‘‘§ 3642. Effective date ment and control of USASpending.gov from man may complete that Commissioner’s ‘‘This chapter takes effect on the date of the Office of Management and Budget to the term as a Commissioner. the enactment of this chapter.’’. Commission, as required by the Federal ‘‘(2) DUTIES.—The Chairman shall be the (b) DEADLINES FOR IMPLEMENTATION.— Funding Accountability and Transparency chief administrative officer of the Commis- (1) DEADLINE FOR APPOINTMENT OF COMMIS- Act of 2006, as amended by this Act. sion and shall preside at meetings of the SIONERS.—Within 60 days after the effective TITLE II—FEDERAL ACCOUNTABILITY Commission. date of this Act, the President shall appoint AND SPENDING TRANSPARENCY COM- ‘‘(3) POWERS AND FUNCTIONS.— Commissioners to the Commission under sec- MISSION ‘‘(A) Except as otherwise provided in this tion 3622 of title 31, United States Code, as SEC. 201. FEDERAL ACCOUNTABILITY AND paragraph and in section 3625 of this chapter, added by this Act. SPENDING TRANSPARENCY COMMIS- the executive and administrative functions (2) COMMISSION DEADLINES.— SION. of the Commission, including functions of (A) Within 60 days after the effective date Chapter 36 of title 31, United States Code, the Commission with respect to the appoint- of this Act, the Commission shall establish as added by section 101, is further amended ment and supervision of personnel employed the committee required under section 3627 of by inserting after subchapter II the following under the Commission, the distribution of title 31, United States Code, as added by this new subchapter: business among such personnel and among Act. administrative units of the Commission, and ‘‘SUBCHAPTER III—FEDERAL ACCOUNT- (B) Within 180 days after the effective date the use and expenditure of funds, according ABILITY AND SPENDING TRANS- of this Act, the Commission shall— to budget categories, plans, programs, and PARENCY COMMISSION (i) promulgate rules and issue guidance priorities established and approved by the under sections 3602 and 3603 of title 31, ‘‘§ 3621. Establishment Commission, shall be exercised solely by the United States Code, as added by this Act; ‘‘(a) ESTABLISHMENT.—There is established Chairman. (ii) together with the Secretary of the the Federal Accountability and Spending ‘‘(B) In carrying out any of his functions Treasury, determine the frequency and con- Transparency Commission as an independent under the provisions of this paragraph, the tent of reports to be submitted to the Com- agency in the Executive Branch. Chairman shall be governed by the general mission by the Department of the Treasury ‘‘(b) FUNCTIONS AND POWERS TRANS- policies, plans, priorities, and budgets ap- under section 3604 of such title, as so added; FERRED.— proved by the Commission and by such regu- (iii) designate common data elements ‘‘(1) FUNCTIONS TRANSFERRED.—Except as latory decisions, findings, and determina- under section 3611(a) of such title and data provided in this section, there are trans- tions as the Commission may by law be au- reporting standards under section 3611(b) of ferred to the Commission all functions of the thorized to make. such title, as so added; and Recovery Accountability and Transparency ‘‘(C) The appointment by the Chairman of (iv) establish one or more websites under Board. the heads of major administrative units the Federal Funding Accountability and ‘‘(2) POWERS, AUTHORITIES, RIGHTS, AND DU- under the Commission shall be subject to the Transparency Act of 2006, as amended by this TIES.—The Federal Accountability and approval of the Commission. Act. Spending Transparency Commission shall ‘‘(D) Personnel employed regularly and full (3) AGENCY AND DEPARTMENT DEADLINES.— succeed to all powers, authorities, rights, time in the immediate offices of Commis- (A) Within one year after the effective date and duties that were vested in the Recovery sioners other than the Chairman shall not be of this Act, each Executive agency shall im- Accountability and Transparency Board on affected by the provisions of this paragraph.

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The Commission shall make formance by any officer, employee, or ad- ‘‘(2) IDENTIFICATION.—The Commission all reports submitted to it under this para- ministrative unit under the Chairman’s ju- shall identify any contractor found to be in graph publicly available contemporaneously risdiction of any functions of the Chairman violation of the Foreign Corrupt Practices online. under this paragraph. Act of 1977 as a violator of such Act in any ‘‘§ 3624. Powers contract information related to such con- ‘‘(4) LIMITATION ON TERMS.—No person ap- ‘‘(a) IN GENERAL.—The Commission shall tractor published online under the Federal pointed as Chairman under this subsection conduct independent analyses and reviews of Funding Accountability and Transparency shall serve as Chairman for more than 10 spending of Federal funds, including analyses Act of 2006. years, whether or not such service is con- and reviews of information maintained in ‘‘(d) REPORT REQUIREMENTS.— secutive. the Federal accountability portal estab- ‘‘(1) REPORTS.— ‘‘(5) INTERIM CHAIRMAN.—Upon the effective lished under section 3612 of this title, and ‘‘(A) REGULAR REPORTS ON DATA QUALITY date of this chapter, the person serving as provide investigative and audit support to Chairperson of the Recovery Accountability AUDITS.—The Commission shall regularly submit to the President and Congress reports the inspectors general of Executive agencies. and Transparency Board on the day before ‘‘(b) ANALYSES AND REVIEWS.—The Com- on its audits of the quality of the data sub- the effective date of this chapter shall serve mission may— mitted to it under sections 3602, 3603, and as acting Chairman of the Commission until ‘‘(1) conduct its own independent analyses 3604 of this title. the President appoints a Chairman of the and reviews of spending of Federal funds; and Commission pursuant to this subsection. ‘‘(B) SEMI-ANNUAL REPORTS ON ACTIVITIES.— The Commission shall submit semi-annual ‘‘(2) collaborate with and provide support ‘‘(c) VACANCIES.—A vacancy in the Com- for any inspector general of any Executive mission shall not impair the right of the re- reports to the President and Congress, sum- marizing the activities and findings of the agency or other law enforcement authority maining Commissioners to exercise all the on any audit, investigation, or other review powers of the Commission. Commission and, in the Commission’s discre- tion, the findings of inspectors general of Ex- relating to Federal funds. ‘‘(c) AUTHORITIES.— ‘‘§ 3623. Functions ecutive agencies that relate to the Commis- ‘‘(1) ANALYSES, REVIEWS, AND INVESTIGATIVE ‘‘(a) IN GENERAL.—The Commission shall— sion’s activities during the reporting period. AND AUDIT SUPPORT.—In conducting analyses ‘‘(1) be responsible for the collection, stor- ‘‘(C) REPORT ON SAVINGS.—Not later than age, and public disclosure of information five years after the effective date of this and reviews, and in providing investigative about Federal spending; chapter, the Commission shall submit to the and audit support to inspectors general and ‘‘(2) serve as the authoritative government President, Congress, and the Comptroller law enforcement authorities, the Commis- source for the information about Federal General of the United States a report con- sion shall have the authorities provided spending that it collects; and taining estimates of the direct and indirect under paragraphs (1), (3), and (6) through (10) ‘‘(3) coordinate and conduct oversight of cost savings to the Treasury achieved as a of section 6(a), and section 6(b), of the In- Federal funds in order to prevent waste, result of the Commission’s activities. spector General Act of 1978 (5 U.S.C. App.). fraud, and abuse. ‘‘(D) OTHER REPORTS.—Section 2(f) of the ‘‘(2) MATCHING PROGRAM AUTHORITY WITH ‘‘(b) SPECIFIC FUNCTIONS.—The functions of Federal Funding Accountability and Trans- RESPECT TO EVALUATIONS AND REVIEWS.—The the Commission shall include each of the fol- parency Act of 2006 requires another report authorities provided under section 6(a)(9) of lowing: by the Commission. the Inspector General Act of 1978 (provided ‘‘(1) Receiving, storing, and publicly dis- ‘‘(2) PUBLIC AVAILABILITY.—The Commis- to the Commission pursuant to paragraph seminating all of the information that is re- sion shall make all reports submitted under (1)) may be used by the Commission while ported to it under sections 3602, 3603, and 3604 paragraph (1) publicly available contempora- conducting an evaluation or other review au- of this title. neously online. thorized under such Act. ‘‘(d) CONTRACTS.— ‘‘(2) Reviewing whether reporting under ‘‘(3) GAO EVALUATION.—Upon receipt of the N GENERAL.—The Commission may section 3602 of this title meets applicable report submitted by the Commission under ‘‘(1) I enter into contracts to enable the Commis- standards and specifies the purpose of the paragraph (1)(C), the Comptroller General sion to discharge its duties under this chap- Federal award and measures of performance. shall conduct an evaluation of the report and ter, including contracts and other arrange- ‘‘(3) Identifying possible criminal activity submit the evaluation to Congress within six ments for audits, studies, analyses, and and referring such matters to appropriate months after receipt of the report, with such other services with public agencies and with Federal, State, and local law enforcement findings and recommendations as the Comp- private persons, and make such payments as authorities. troller General considers appropriate. ‘‘(4) Supporting ongoing criminal inves- ‘‘(e) TAX EXPENDITURES REPORT.— may be necessary to carry out the duties of tigations, prosecutions, and related pro- ‘‘(1) IN GENERAL.—For purposes of sub- the Commission. ceedings. section (b)(7), not later than one year after ‘‘(2) CONTRACTING FOR MISSIONS OF OTHER ‘‘(5) Furnishing research, analytical, and the effective date of this chapter, the Com- AGENCIES.—The Commission may enter into informational services to Executive agen- mission shall submit to the appropriate con- contracts with any Federal agency (within cies, inspectors general, law enforcement gressional committees a report on tax ex- or outside the executive branch) to enable agencies, and appropriate State authorities penditures data that includes the following: such agency to identify waste, fraud, and in the interest of detection, prevention, and ‘‘(A) A description of processes that could abuse, including contracts and other ar- prosecution of waste, fraud, and abuse of be put in place to collect and disseminate rangements for audits, studies, analyses, and Federal funds. tax expenditures data, and the potential ef- other services. ‘‘(6) Regularly evaluating the quality of fects of making such data publicly available ‘‘(3) CONTRACTING FOR PUBLICATION OF the data submitted to it under sections 3602, on the Internal Revenue Service, taxpayers, DATA.—The Commission may make contracts 3603, and 3604 of this title. and other relevant parties determined by the or agreements with any Federal agency ‘‘(7) Standardizing common data elements Commission. (within or outside the executive branch) to and data reporting standards to foster trans- ‘‘(B) Any changes in law that are needed to publish data maintained by such agency on parency and accountability for Federal make such tax expenditures data publicly the website maintained under the Federal spending, as required by section 3611 of this available. Funding Accountability and Transparency title. ‘‘(2) TAX EXPENDITURES DEFINED.—In this Act of 2006. ‘‘(8) Reviewing whether there are appro- section, the term ‘tax expenditures’ has the ‘‘(e) TRANSFER OF FUNDS.—The Commission priate mechanisms for interagency collabo- meaning given that term in section 3(3) of may transfer funds appropriated to the Com- ration relating to Federal funds, including the Congressional Budget and Impoundment mission for expenses to support administra- coordinating and collaborating to the extent Control Act of 1974 (2 U.S.C. 622(3)). tive support services, investigations, audits, reviews, or other activities related to over- practicable with the Council of the Inspec- ‘‘(3) PUBLIC AVAILABILITY.—The Commis- tors General on Integrity and Efficiency es- sion shall make the report submitted under sight by the Commission of Federal funds to tablished by section 11 of the Inspector Gen- paragraph (1) publicly available. any office of inspector general, the Office of eral Act of 1978 (5 U.S.C. App.). ‘‘(f) RECOMMENDATIONS.— Management and Budget, and the General ‘‘(9) Issuing a report in accordance with ‘‘(1) IN GENERAL.—The Commission shall Services Administration. subsection (e) on the feasibility of collecting make recommendations to Executive agen- ‘‘§ 3625. Employment, personnel, and related and publishing online tax expenditures data. cies on measures to prevent waste, fraud, authorities ‘‘(c) PRIORITIES IN ANALYSES AND RE- and abuse relating to Federal funds. ‘‘(a) EXECUTIVE DIRECTOR.—The Commis- VIEWS.— ‘‘(2) RESPONSIVE REPORTS.—Not later than sion shall have an Executive Director, who ‘‘(1) IN GENERAL.—To the extent prac- 30 days after receipt of a recommendation shall be appointed by the Commission and ticable, the Commission shall give high pri- under paragraph (1), an Executive agency serve at the pleasure of the Commission. The

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Executive Director shall report directly to ‘‘(d) COMPENSATION AND TRAVEL EX- 2009 (Public Law 111–5; 123 Stat. 287) is the Commission and carry out the functions PENSES.—Each member of the Committee amended to read as follows: of the Commission subject to the supervision who is not a full-time employee of the ‘‘(2) COMMISSION.—The term ‘Commission’ and direction of the Commission. The posi- United States shall— means the Federal Accountability and tion of Executive Director shall be a career ‘‘(1) be entitled to receive compensation at Spending Transparency Commission estab- reserved position in the Senior Executive a rate not to exceed the daily equivalent of lished in chapter 36 of title 31, United States Service, as that position is defined under sec- the annual rate of basic pay in effect for a Code.’’. tion 3132 of title 5. position at level V of the Executive Schedule (B) Such section is further amended by ‘‘(b) OTHER EMPLOYEES.—The Commission under section 5316 of title 5 for each day dur- striking paragraph (3). may appoint and fix the compensation of ing which the member is engaged in the ac- (C) The following provisions of such Act such officers, attorneys, information tech- tual performance of the duties of the Com- are amended by striking ‘‘Board’’ each place nology professionals, and other employees as mittee; and it appears and inserting ‘‘Commission’’ in may be necessary for carrying out the func- ‘‘(2) while away from the home or regular the headings or text, as the case may be: the tions of the Commission under this chapter. place of business of the member in the per- heading of subtitle B of title XV, and sec- ‘‘(c) ADMINISTRATIVE SUPPORT.—The Gen- formance of services for the Committee, be tions 1523, 1524, 1525(b), 1525(c), 1526, 1527, eral Services Administration shall provide allowed travel expenses, including per diem 1528, 1542, and 1553. the Commission with administrative support services, including the provision of office in lieu of subsistence, in the same manner as (D) Section 1513(b)(2) of such Act is amend- space and facilities. persons employed intermittently in the Gov- ed by striking ‘‘the quarter in which the ernment service are allowed expenses under Board terminates under section 1530’’ and in- ‘‘§ 3626. Transfer of certain personnel section 5703(b) of title 5. serting ‘‘the quarter ending September 30, ‘‘(a) RECOVERY ACCOUNTABILITY AND TRANS- ‘‘(e) STAFF.—The Commission shall make 2013’’. PARENCY BOARD EMPLOYEES.—The Chairman available to the Advisory Committee such (c) REPEAL OF SUBTITLE B OF TITLE XV OF or Executive Director, or both, shall identify staff of the Commission as the chairperson of PUBLIC LAW 111–5.—Effective on October 1, employees of the Recovery Accountability the Advisory Committee recommends is nec- 2013, subtitle B of title XV of division A of and Transparency Board for transfer to the essary to carry out this section. such Act is repealed. Commission, and such identified employees ‘‘(f) REVIEW BY COMMISSION.—After receipt shall be transferred to the Commission for (d) REFERENCES IN FEDERAL LAW TO of any finding or recommendation from the BOARD.—On and after the effective date of employment. Advisory Committee, the Commission ‘‘(b) PAY.— this Act, any reference in Federal law to the shall— ‘‘(1) Except as provided in paragraph (2), Recovery Accountability and Transparency ‘‘(1) review the finding or recommendation; each transferred employee shall, during the Board is deemed to be a reference to the Fed- and 2-year period beginning on the effective date eral Accountability and Spending Trans- ‘‘(2) promptly issue a public statement— of this chapter, receive pay at a rate equal to parency Commission. ‘‘(A) assessing the finding or recommenda- not less than the basic rate of pay (including tion of the Advisory Committee; and TITLE III—ADDITIONAL PROVISIONS any geographic differential) that the em- ‘‘(B) disclosing the action, if any, the Com- ployee received during the pay period imme- SEC. 301. CLASSIFIED INFORMATION. mission intends to take with respect to the diately preceding the date of transfer. Nothing in this Act or the amendments ‘‘(2) Paragraph (1) does not limit the right finding or recommendation. made by this Act shall be construed to re- ‘‘(g) ADVISORY COMMITTEE FINDINGS.— of the Commission to reduce the rate of basic quire the public disclosure of classified infor- Nothing in this section shall be construed as pay of a transferred employee for cause, for mation. requiring the Commission to agree to or act unacceptable performance, or with the con- upon any finding or recommendation of the SEC. 302. PAPERWORK REDUCTION ACT EXEMP- sent of the employee. TION. Advisory Committee. ‘‘(3) Paragraph (1) applies to a transferred ‘‘(h) FEDERAL ADVISORY COMMITTEE ACT.— Section 3518(c) of title 44, United States employee only while that employee remains The Federal Advisory Committee Act (5 Code, is amended— employed by the Commission. U.S.C. App.) shall apply to the Advisory (1) in paragraph (1), by striking ‘‘paragraph ‘‘§ 3627. Advisory committee to Commission Committee. (2)’’ and inserting ‘‘paragraph (3)’’; ‘‘(a) ESTABLISHMENT AND PURPOSE.— (2) by redesignating paragraph (2) as para- ‘‘§ 3628. Authorization and availability of ap- ‘‘(1) ESTABLISHMENT.—The Commission graph (3); and propriations shall establish an advisory committee to be (3) by inserting after paragraph (1) the fol- known as the Federal Accountability and ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— lowing new paragraph: There is authorized to be appropriated Spending Transparency Advisory Committee ‘‘(2) Notwithstanding paragraph (3), this $51,000,000 for each of fiscal years 2012, 2013, (in this section referred to as the ‘Advisory subchapter shall not apply to the collection 2014, 2015, 2016, 2017, 2018, and 2019 to carry Committee’). of information during the conduct of any out the functions of the Commission. ‘‘(2) PURPOSE.—The Advisory Committee evaluation, or other review conducted by the ‘‘(b) AVAILABILITY OF APPROPRIATIONS.—If shall submit to the Commission such find- Federal Accountability and Spending Trans- the Recovery Accountability and Trans- ings and recommendations related to the parency Commission, or during the conduct parency Board has unobligated appropria- Commission’s implementation of this chap- of any audit, investigation, inspection, eval- tions as of the effective date of this chapter, ter as it determines are appropriate. uation, or any other review conducted by the such appropriations are authorized to remain ‘‘(b) MEMBERSHIP AND CHAIRPERSON.— Council of Inspectors General on Integrity available to the Commission until Sep- ‘‘(1) IN GENERAL.—The Commission shall and Efficiency or any office of inspector gen- tember 30, 2015. appoint no fewer than 10, and no more than eral, including any office of special inspector 20, members to the Advisory Committee, ‘‘§ 3629. Sunset general.’’. from among individuals who— ‘‘This subchapter shall cease to be in effect SEC. 303. MATCHING PROGRAM EXCEPTION FOR ‘‘(A) represent the interests of recipients of after the date occurring seven years after INSPECTORS GENERAL. Federal contracts; the date of the enactment of this sub- Section 6(a) of the Inspector General Act of ‘‘(B) represent the interests of State, local, chapter.’’. 1978 (5 U.S.C. App.) is amended— and tribal governments receiving Federal SEC. 202. CONFORMING AMENDMENT RELATING (1) in paragraph (8), by striking ‘‘and’’; grants; TO COMPENSATION OF CHAIRMAN. (2) by redesignating paragraph (9) as para- ‘‘(C) represent the interests of other recipi- Section 5314 of title 5, United States Code, graph (10); and ents of Federal funds; and is amended by adding at the end the fol- (3) by inserting after paragraph (8) the fol- ‘‘(D) represent nonprofit organizations lowing new item: lowing new paragraph: that advocate transparency and account- ‘‘Chairman of the Federal Accountability ‘‘(9) notwithstanding subsections (e)(12), ability in government. and Spending Transparency Commission.’’. (o), (p), (q), (r), and (u) of section 552a of title ‘‘(2) TERM.—Each member of the Advisory SEC. 203. CONFORMING AMENDMENTS RELATED 5, United States Code, to compare, through a Committee appointed under this section TO RECOVERY ACCOUNTABILITY matching program (as defined in such sec- shall serve for a term of three years, except AND TRANSPARENCY BOARD. tion), any Federal records with other Federal that the Commission may appoint original (a) REPEAL OF SUPERSEDED PROVISIONS IN or non-Federal records, while conducting an members of the Committee to one-year and SUBTITLE B OF TITLE XV OF PUBLIC LAW 111– audit, investigation, or inspection author- two-year terms in order to achieve staggered 5.—Subtitle B of title XV of division A of the ized under this Act to identify weaknesses terms. No person shall serve more than one American Recovery and Reinvestment Act of that may lead to waste, fraud, or abuse and term. 2009 (Public Law 111–5; 123 Stat. 287) is to detect improper payments and fraud; ‘‘(3) CHAIRPERSON.—The members of the amended by striking sections 1521, 1522, and’’. Advisory Committee shall elect a chair- 1525(a), 1529, and 1530. person. (b) CONFORMING AMENDMENTS.— SEC. 304. TRANSFER OF CONSOLIDATED FED- ‘‘(c) MEETINGS.—The Advisory Committee (1) REFERENCES TO BOARD AND CHAIR- ERAL FUNDS REPORT. shall meet not less frequently than six times PERSON.— (a) TRANSFER OF FUNCTIONS.—The Commis- annually, at the call of the chairperson of (A) Paragraph (2) of section 1501 of the sion and the Secretary of Commerce shall the Advisory Committee. American Recovery and Reinvestment Act of transfer the functions of the Consolidated

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.002 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2089 Federal Funds Report to the website estab- tion contained in the information system Comptroller General to obtain any informa- lished under the Federal Funding Account- under subsection (a) in accordance with the tion or to inspect or copy any record under ability and Transparency Act of 2006, as Federal Funding Accountability and Trans- section 716 of this title. amended by this Act. parency Act of 2006 (31 U.S.C. 6101 note).’’. ‘‘(b) No provision of the Federal Food, (b) INFORMATION.—Section 2(d) of the Fed- (5) AMENDMENTS RELATING TO CATALOG OF Drug, and Cosmetic Act, including section eral Funding Accountability and Trans- FEDERAL DOMESTIC ASSISTANCE PROGRAMS.— 301(j) of that Act (21 U.S.C. 331(j)), shall be parency Act of 2006, as amended by section Section 6104 of such title if amended by construed to limit, amend, or supersede the 103 of this Act, is further amended— striking ‘‘Administrator’’ and inserting authority of the Comptroller General to ob- (1) by striking the period at the end of ‘‘Commission’’ each place it appears. tain any information or to inspect or copy paragraph (6) and inserting ‘‘; and’’; and (6) REPEAL OF AUTHORIZATION.—Section 6106 any record under section 716 of this title. (2) by adding at the end the following new of such title is repealed. ‘‘(c) No provision of the Hart-Scott-Rodino paragraph: (b) DEADLINE FOR TRANSFER OF PROGRAM Antitrust Improvements Act of 1976 (Public ‘‘(7) shall permit users to determine the INFORMATION SYSTEM AND CATALOG OF FED- Law 94–435) and the amendments made by following information: ERAL DOMESTIC ASSISTANCE.—Within 180 days that Act shall be construed to limit, amend, ‘‘(A) For each fiscal year, the total amount after the effective date of this Act, the Com- or supersede the authority of the Comp- of Federal funds that were obligated in each mission and the Administrator of General troller General to obtain any information or State, county or parish, congressional dis- Services shall transfer the management and to inspect or copy any record under section trict, and municipality of the United States. control of the following from the Adminis- 716 of this title, including with respect to ‘‘(B) For each fiscal year, the total amount trator to the Commission, as required by any information disclosed to the Assistant of Federal funds that were actually expended chapter 61 of title 31, United States Code, as Attorney General of the Antitrust Division in each State, county or parish, congres- amended by subsection (a): of the Department of Justice or the Federal sional district, and municipality of the (1) The computer information system re- Trade Commission for purposes of pre-merg- United States.’’. quired under section 6103 of such title, as so er review under section 7A of the Clayton (c) CONFORMING REPEALS OF SUPERSEDED amended. Act (15 U.S.C. 18a). PROVISIONS.—Chapter 62 of subtitle V of title (2) The catalog of Federal domestic assist- ‘‘(d)(1) The Comptroller General shall pre- 31, United States Code, is repealed. The item ance programs required under section 6104 of scribe such policies and procedures as are relating to that chapter in the table of chap- such title, as so amended. necessary to protect from public disclosure ters at the beginning of subtitle V of such (c) DEADLINE FOR TRANSFER OF ASSISTANCE proprietary or trade secret information ob- title is repealed. AWARDS INFORMATION SYSTEM.—Within 180 tained consistent with this section. SEC. 305. TRANSFER OF AUTHORITY OVER CATA- days after the effective date of this Act, the ‘‘(2) Nothing in this section shall be con- LOG OF FEDERAL DOMESTIC ASSIST- Commission and the Director of the Office of strued to— ANCE TO COMMISSION. Management and Budget shall transfer the ‘‘(A) alter or amend the prohibitions (a) TRANSFER OF AUTHORITY FROM ADMINIS- management and control of the assistance against the disclosure of trade secret or TRATOR OF GENERAL SERVICES AND DIRECTOR awards information system from the Direc- other sensitive information prohibited by OF OFFICE OF MANAGEMENT AND BUDGET TO COMMISSION.— tor to the Commission, as required by sec- section 1905 of title 18 and other applicable (1) DEFINITION.—Paragraph (6) of section tion 6102a of title 31, United States Code, as laws; or 6101 of title 31, United States Code, is amend- amended by subsection (a). ‘‘(B) affect the applicability of section ed to read as follows: SEC. 306. GOVERNMENT ACCOUNTABILITY OF- 716(e) of this title, including the protections ‘‘(6) ‘Commission’ means the Federal Ac- FICE IMPROVEMENT. against unauthorized disclosure contained in countability and Spending Transparency (a) AUTHORITY TO OBTAIN INFORMATION.— that section, to information obtained con- Commission established in subchapter III of (1) AUTHORITY TO OBTAIN RECORDS.—Section sistent with this section. chapter 36 of this title.’’. 716 of title 31, United States Code, is amend- ‘‘(e) Specific references to statutes in this section shall not be construed to affect ac- (2) AMENDMENTS RELATING TO PROGRAM IN- ed in subsection (a)— cess by the Government Accountability Of- FORMATION REQUIREMENTS.—Section 6102 of (A) by striking ‘‘(a)’’ and inserting ‘‘(2)’’; such title is amended— and fice to information under statutes that are (A) in subsections (a) and (b), by striking (B) by inserting after the section heading not so referenced.’’. ‘‘Administrator’’ and inserting ‘‘Commis- the following: (2) TECHNICAL AND CONFORMING AMEND- sion’’ both places it appears; ‘‘(a)(1) The Comptroller General is author- MENT.—The table of sections for chapter 7 of (B) in subsection (c)— ized to obtain such agency records as the title 31, United States Code, is amended by (i) by striking ‘‘Administrator’’ and insert- Comptroller General requires to discharge inserting after the item relating to section ing ‘‘Commission’’; his duties (including audit, evaluation, and 720 the following: (ii) in paragraph (3), by striking ‘‘and that investigative duties), including through the ‘‘721. Access to certain information.’’. bringing of civil actions under this section. the printed catalog’’ and all that follows (d) AGENCY REPORTS.—Section 720(b) of through ‘‘printing’’; and In reviewing a civil action under this sec- title 31, United States Code, is amended— (iii) in paragraph (4)— tion, the court shall recognize the con- (1) in the matter preceding paragraph (1), (I) by striking ‘‘transmit annually’’ and in- tinuing force and effect of the authorization by inserting ‘‘or planned’’ after ‘‘action serting ‘‘make’’; and in the preceding sentence until such time as taken’’; and (II) by striking ‘‘to the Committee’’ and all the authorization is repealed pursuant to (2) by striking paragraph (1) and inserting that follows through the period and inserting law.’’. the following: the following: ‘‘available to the Committee (2) COPIES.—Section 716(a) of title 31, ‘‘(1) the Committee on Homeland Security on Oversight and Government Reform of the United States Code, as amended by sub- and Governmental Affairs of the Senate, the House of Representatives and the Committee section (a), is further amended in the second Committee on Oversight and Government on Homeland Security and Governmental Af- sentence of paragraph (2) by striking ‘‘in- Reform of the House of Representatives, the fairs of the Senate.’’. spect an agency record’’ and inserting ‘‘in- congressional committees with jurisdiction spect, and make and retain copies of, an (3) AMENDMENTS RELATING TO ASSISTANCE over the agency program or activity that is agency record’’. AWARDS INFORMATION SYSTEM.—Section 6102a the subject of the recommendation, and the (b) ADMINISTERING OATHS.—Section 711 of of such title is amended— Government Accountability Office before the title 31, United States Code, is amended by (A) by striking subsection (b); 61st day after the date of the report; and’’. (B) by redesignating subsection (c) as sub- striking paragraph (4) and inserting the fol- lowing: SEC. 307. AMENDMENTS TO THE INSPECTOR GEN- section (b); ERAL ACT OF 1978 AND THE INSPEC- (C) by striking ‘‘Director’’ and inserting ‘‘(4) administer oaths to witnesses when TOR GENERAL REFORM ACT OF 2008. auditing and settling accounts and, with the ‘‘Commission’’ each place it appears; and (a) INCORPORATION OF PROVISIONS FROM THE prior express approval of the Comptroller (D) in subsection (b), as so redesignated— INSPECTOR GENERAL REFORM ACT OF 2008 INTO General, when investigating fraud or at- (i) by striking ‘‘transmit promptly after THE INSPECTOR GENERAL ACT OF 1978.— tempts to defraud the United States, or ir- the end of each calendar quarter, free of (1) CLASSIFICATION AND PAY.— regularity or misconduct of an employee or charge,’’ and insert ‘‘make available’’; and (A) AMENDMENT.—Section 8G of the Inspec- (ii) by striking ‘‘Oversight’’ and inserting agent of the United States.’’. tor General Act of 1978 (5 U.S.C. App.) is (c) ACCESS TO CERTAIN INFORMATION.— ‘‘Administration’’. amended by adding at the end the following (1) ACCESS TO CERTAIN INFORMATION.—Sub- (4) AMENDMENTS RELATING TO ACCESS TO new subsection: chapter II of chapter 7 of title 31, United COMPUTER INFORMATION SYSTEM.—Section ‘‘(i) CLASSIFICATION AND PAY.— States Code, is amended by adding at the end 6103 of such title is amended— ‘‘(1) IN GENERAL.—Notwithstanding any (A) in subsections (a) and (c), by striking the following: other provision of law, the Inspector General ‘‘Administrator’’ and inserting ‘‘Commis- ‘‘§ 721. Access to certain information of each designated Federal entity shall, for sion’’ each place it appears; and ‘‘(a) No provision of the Social Security pay and all other purposes, be classified at a (B) by striking the text of subsection (b) Act, including section 453(l) of that Act (42 grade, level, or rank designation, as the case and inserting the following: ‘‘The Commis- U.S.C. 653(l)), shall be construed to limit, may be, at or above those of a majority of sion shall publish online all of the informa- amend, or supersede the authority of the the senior level executives of that designated

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.002 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2090 CONGRESSIONAL RECORD — HOUSE April 25, 2012 Federal entity (such as a General Counsel, that an allegation brought under this sub- (i) in paragraph (1), by striking ‘‘subpenas’’ Chief Information Officer, Chief Financial section involves section 2302(b)(8) of that and inserting ‘‘subpoenas’’; and Officer, Chief Human Capital Officer, or title, a failure to obtain corrective action (ii) in paragraph (2), by striking ‘‘subpena’’ Chief Acquisition Officer). The pay of an In- within 120 days after the date on which that and inserting ‘‘subpoena’’, each place it ap- spector General of a designated Federal enti- allegation is received by the Integrity Com- pears; ty shall be not less than the average total mittee shall, for purposes of section 1221 of (D) in section 8E(a)— compensation (including bonuses) of the sen- such title, be considered to satisfy section (i) in paragraph (1), by striking ‘‘subpenas’’ ior level executives of that designated Fed- 1214(a)(3)(B) of that title. and inserting ‘‘subpoenas’’; and eral entity calculated on an annual basis. ‘‘(C) REGULATIONS.—The Integrity Com- (ii) in paragraph (2), by striking ‘‘subpena’’ ‘‘(2) LIMITATION ON ADJUSTMENT.— mittee may prescribe any rules or regula- and inserting ‘‘subpoena’’ each place it ap- ‘‘(A) IN GENERAL.—In the case of an Inspec- tions necessary to carry out this paragraph, pears; and tor General of a designated Federal entity subject to such consultation or other re- (E) in section 8G(d), by striking ‘‘subpena’’ whose pay is adjusted under paragraph (1), quirements as might otherwise apply.’’. and inserting ‘‘subpoena’’. the total increase in pay in any fiscal year (B) CONFORMING AMENDMENT.—Section 7(b) (e) REPEAL.—Section 744 of the Financial resulting from that adjustment may not ex- of the Inspector General Reform Act of 2008 Services and General Government Appropria- ceed 25 percent of the average total com- (Public Law 110–409; 122 Stat. 4312; 5 U.S.C. tions Act, 2009 (division D of Public Law 111– pensation (including bonuses) of the Inspec- 1211 note) is repealed. 8; 123 Stat. 693; 5 U.S.C. App. 8L) is repealed. tor General of that entity for the preceding (b) AGENCY APPLICABILITY.— SEC. 308. LIMITS AND TRANSPARENCY FOR TRAV- 3 fiscal years. (1) AMENDMENTS.—The Inspector General EL AND CONFERENCE SPENDING. (a) TRAVEL EXPENSES OF FEDERAL AGEN- ‘‘(B) SUNSET OF LIMITATION.—The limita- Act of 1978 (5 U.S.C. App.), as amended by tion under subparagraph (A) shall not apply subsection (a), is further amended— CIES RELATING TO CONFERENCES.— to any adjustment made in fiscal year 2013 or (A) in section 8L— (1) LIMITATIONS AND REPORTS ON TRAVEL EX- each fiscal year thereafter.’’. (i) in subsection (a)(1)— PENSES TO CONFERENCES.—Chapter 57 of title (I) by striking the first ‘‘agency’’ and in- 5, United States Code, is amended by insert- (B) CONFORMING REPEAL.—Section 4(b) of the Inspector General Reform Act of 2008 serting ‘‘Federal agency and designated Fed- ing after section 5711 the following: (Public Law 110–409; 122 Stat. 4304; 5 U.S.C. eral entity’’; and ‘‘§ 5712. Limitations and reports on travel ex- App. 3 note) is repealed. (II) by striking the second and third ‘‘agen- penses to conferences cy’’ and inserting ‘‘Federal agency or des- (2) PAY RETENTION.— ‘‘(a) In this section, the term— ignated Federal entity’’; and (A) AMENDMENT.—The Inspector General ‘‘(1) ‘conference’ means a meeting that— (ii) in subsection (b)— Act of 1978 (5 U.S.C. App.) is amended by add- ‘‘(A) is held for consultation, education, or (I) in paragraph (1), by striking ‘‘agency’’ ing after section 8L the following new sec- discussion; and inserting ‘‘Federal agency and des- tion: ‘‘(B) is not held entirely at an agency facil- ignated Federal entity’’; and ‘‘SEC. 8M. PAY RETENTION. ity; (II) in paragraph (2)— ‘‘(C) involves costs associated with travel ‘‘(a) IN GENERAL.—The provisions of sec- (aa) in subparagraph (A), by striking tion 3392 of title 5, United States Code, other and lodging for some participants; and ‘‘agency’’ and inserting ‘‘Federal agency and ‘‘(D) is sponsored by 1 or more agencies, 1 than the terms ‘performance awards’ and designated Federal entity’’; and ‘awarding of ranks’ in subsection (c)(1) of or more organizations that are not agencies, (bb) in subparagraph (B), by striking or a combination of such agencies or organi- such section, shall apply to career ap- ‘‘agency’’ and inserting ‘‘Federal agency and pointees of the Senior Executive Service who zations; and designated Federal entity’’; and ‘‘(2) ‘international conference’ means a are appointed to the position of Inspector (B) in section 11(c)(3)(A)(ii), by striking General. conference attended by representatives of — ‘‘department, agency, or entity of the execu- ‘‘(A) the United States Government; and ‘‘(b) NONREDUCTION IN PAY.—Notwith- tive branch’’ and inserting ‘‘Federal agency standing any other provision of law, career ‘‘(B) any foreign government, international or designated Federal entity’’. organization, or foreign nongovernmental or- Federal employees serving on an appoint- (2) IMPLEMENTATION.—Not later than 180 ment made pursuant to statutory authority ganization. days after the date of enactment of this Act, ‘‘(b) No agency may pay the travel ex- found other than in section 3392 of title 5, the head and the Inspector General of each penses for more than 50 employees of that United States Code, shall not suffer a reduc- Federal agency and each designated Federal agency who are stationed in the United tion in pay, not including any bonus or per- entity (as such terms are defined in sections States, for any international conference oc- formance award, as a result of being ap- 12 and 8G of the Inspector General Act of 1978 curring outside the United States, unless the pointed to the position of Inspector Gen- (5 U.S.C. App.), respectively) shall imple- Secretary of State determines that attend- eral.’’. ment the amendments made by this sub- ance for such employees is in the national (B) CONFORMING REPEAL.—Section 4(c) of section. interest. the Inspector General Reform Act of 2008 (c) REQUIREMENTS FOR INSPECTORS GEN- ‘‘(c) At the beginning of each quarter of (Public Law 110–409; 122 Stat. 4304; 5 U.S.C. ERAL WEBSITES.—Section 8L(b)(1) of the In- each fiscal year, each agency shall post on App. 3 note) is repealed. spector General Act of 1978 (5 U.S.C. App.) is the public Internet website of that agency a (3) ALLEGATIONS OF WRONGDOING AGAINST amended— report on each conference for which the SPECIAL COUNSEL OR DEPUTY SPECIAL COUN- (1) by striking ‘‘report or audit (or portion agency paid travel expenses during the pre- SEL.— of any report or audit)’’ and inserting ‘‘audit ceding 3 months that includes— (A) AMENDMENT.—Section 11(d) of the In- report, inspection report, or evaluation re- ‘‘(1) the itemized expenses paid by the spector General Act of 1978 (5 U.S.C. App.) is port (or portion of any such report)’’; and agency, including travel expenses, the cost of amended by adding at the end the following (2) by striking ‘‘report or audit (or portion scouting for and selecting the location of the new paragraph: of that report or audit)’’ and inserting ‘‘re- conference, and any agency expenditures to ‘‘(12) ALLEGATIONS OF WRONGDOING AGAINST port (or portion of that report)’’ each place it otherwise support the conference; SPECIAL COUNSEL OR DEPUTY SPECIAL COUN- appears. ‘‘(2) the primary sponsor of the conference; SEL.— (d) CORRECTIONS.— ‘‘(3) the location of the conference; ‘‘(A) SPECIAL COUNSEL DEFINED.—In this (1) EXECUTIVE ORDER NUMBER.—Section ‘‘(4) in the case of a conference for which paragraph, the term ‘Special Counsel’ means 7(c)(2) of the Inspector General Reform Act that agency was the primary sponsor, a the Special Counsel appointed under section of 2008 (Public Law 110–409; 122 Stat. 4313; 31 statement that— 1211(b) of title 5, United States Code. U.S.C. 501 note) is amended by striking ‘‘(A) justifies the location selected; ‘‘(B) AUTHORITY OF INTEGRITY COMMITTEE.— ‘‘12933’’ and inserting ‘‘12993’’. ‘‘(B) demonstrates the cost efficiency of ‘‘(i) IN GENERAL.—An allegation of wrong- (2) PUNCTUATION AND CROSS-REFERENCES.— the location; and doing against the Special Counsel or the The Inspector General Act of 1978 (5 U.S.C. ‘‘(C) provides a cost benefit analysis of Deputy Special Counsel may be received, re- App.) is amended— holding a conference rather than conducting viewed, and referred for investigation by the (A) in section 6(a)(4), by striking ‘‘informa- a teleconference; Integrity Committee to the same extent and tion, as well as any tangible thing)’’ and in- ‘‘(5) the date of the conference; in the same manner as in the case of an alle- serting ‘‘information), as well as any tan- ‘‘(6) a brief explanation how the conference gation against an Inspector General (or a gible thing’’; and advanced the mission of the agency; member of the staff of an Office of Inspector (B) in section 8G(g)(3), by striking ‘‘8C’’ ‘‘(7) the title of any Federal employee or General), subject to the requirement that and inserting ‘‘8D’’. any individual who is not a Federal em- the Special Counsel recuse himself or herself (3) SPELLING.—The Inspector General Act ployee whose travel expenses or other con- from the consideration of any allegation of 1978 (5 U.S.C. App.) is amended— ference expenses were paid by the agency; brought under this paragraph. (A) in section 3(a), by striking ‘‘subpena’’ and ‘‘(ii) COORDINATION WITH EXISTING PROVI- and inserting ‘‘subpoena’’; ‘‘(8) the total number of individuals whose SIONS OF LAW.—This paragraph does not (B) in section 6(a)(4), by striking ‘‘sub- travel expenses or other conference expenses eliminate access to the Merit Systems Pro- pena’’ and ‘‘subpenas’’ and inserting ‘‘sub- were paid by the agency. tection Board for review under section 7701 poena’’ and ‘‘subpoenas’’, respectively; ‘‘(d) Each report posted on the public of title 5, United States Code. To the extent (C) in section 8D(a)— Internet website under subsection (c) shall—

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.002 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2091 ‘‘(1) be in a searchable electronic format; agency may expend funds on more than a publicly funded trips so that key ex- and single conference sponsored or organized by ecutives could have family vacations. ‘‘(2) remain on that website for at least 5 an organization during any fiscal year, un- With the DATA Act, we expect that years after the date of posting.’’. less the agency is the primary sponsor and and many other wasteful practices to (2) TECHNICAL AND CONFORMING AMEND- organizer of the conference. MENT.—The table of sections for chapter 57 of be brought to an end. Some of them SEC. 309. EFFECTIVE DATE. will be brought to an end by the rank- title 5, United States Code, is amended by in- Except as otherwise provided in this Act, serting after the item relating to section 5711 this Act and the amendments made by this ing member and our work on the com- the following: Act shall take effect on the date of the en- mittee, but a great many of them will ‘‘5712. Limitations and reports on travel ex- actment of this Act. be brought to bear by the American penses to conferences.’’. The SPEAKER pro tempore. Pursu- people being able to search online and (b) LIMITATIONS ON ANNUAL TRAVEL EX- ant to the rule, the gentleman from learn what they currently cannot PENSES.— learn. California (Mr. ISSA) and the gen- (1) IN GENERAL.—In the case of each of fis- The DATA Act has been a bill that tleman from Maryland (Mr. CUMMINGS) cal years 2012 through 2016, an agency (as de- has been, unlike many, completely bi- fined under section 5701(1) of title 5, United each will control 20 minutes. States Code) may not make, or obligate to The Chair recognizes the gentleman partisan. The minority and the major- make, expenditures for travel expenses, in an from California. ity have worked hand in hand. We aggregate amount greater than 80 percent of come to you today with a bill that has GENERAL LEAVE the aggregate amount of such expenses for been agreed to and that will save—I re- fiscal year 2010. Mr. ISSA. Madam Speaker, I ask peat, save—billions of dollars. Addi- (2) IDENTIFICATION OF TRAVEL EXPENSES.— unanimous consent that all Members tionally, we do, in fact, amend some of (A) RESPONSIBILITIES.—Not later than Sep- may have 5 legislative days within the abuses under the GSA scandal and tember 1, 2012 and after consultation with which to revise and extend their re- the Administrator of General Services and do so based on the good work of Rep- marks and include extraneous mate- resentative DENNIS ROSS of Florida, the Director of the Administrative Office of rials on the bill under consideration. the United States Courts, the Director of the who introduced strong language to do Office of Management and Budget shall es- The SPEAKER pro tempore. Is there exactly what we’re doing today. tablish guidelines for the determination of objection to the request of the gen- Before we go on, let me just say that what expenses constitute travel expenses for tleman from California? I want to thank the ranking member, purposes of this subsection. The guidelines There was no objection. because the work on this bill and the shall identify specific expenses, and classes Mr. ISSA. Madam Speaker, I yield reason this bill is before us on suspen- of expenses, that are to be treated as travel myself such time as I may consume. sion is that we’ve been able to work expenses. The American people have a right to (B) EXEMPTION FOR MILITARY TRAVEL.—The hand in hand with members of the ma- guidelines required under subparagraph (A) know that taxpayer dollars are well jority and minority and with key staff shall exclude military travel expenses in de- spent. We have a responsibility to stay on both sides to make sure that we termining what expenses constitute travel up with the times. As government has have a bill that will pass the House, expenses. Military travel expenses shall in- grown, waste, fraud, abuse, and mis- hopefully, on a unanimous basis, and clude travel expenses involving military management have increased. Today, clearly, we’ll see the Senate send a combat, the training or deployment of uni- however, the technology is before us, if message that it’s time for account- formed military personnel, and such other we simply embrace it, to do a far better travel expenses as are determined under the ability generated from bipartisan work guidelines. job of accounting for every dollar spent in the House. (c) CONFERENCE TRANSPARENCY AND LIMITA- on behalf of the American people. I reserve the balance of my time. TIONS.— That’s not just the American dollars Mr. CUMMINGS. Madam Speaker, I (1) DEFINITIONS.—In this subsection— that are spent by the Federal Govern- yield myself such time as I may con- (A) the term ‘‘agency’’ has the meaning ment, but dollars passed on to the pri- sume. given under section 5701(1) of title 5, United vate sector, to the States, to public en- First, let me say that the chairman, States Code; and tities, and to nonprofits. (B) the term ‘‘conference’’ has the meaning Chairman ISSA, has worked very close- given under section 5712(a)(1) of that title (as Today, as those trillions of dollars ly with us as we have cosponsored this added by subsection (a)). are put out, we find that we don’t know bill and has worked hard to make sure (2) PUBLIC AVAILABILITY OF CONFERENCE MA- where they’re spent. At best, we know that all of its provisions are satisfac- TERIALS.—Each agency shall post on the pub- the first place they went to. Under the tory to this side. So he is absolutely lic Internet website of that agency detailed Recovery Act, often called the ‘‘stim- right, Madam Speaker, it is truly a bi- information on any presentation made by ulus,’’ we can all disagree or agree on partisan bill. Again, I thank him. any employee of that agency at a conference, how the money was spent; but unlike including— Taxpayers deserve to know how their (A) any minutes relating to the presen- previous appropriations, under that money is being spent, and we on our tation; act, we found a way to do a better job committee and all those in Congress (B) any speech delivered; of tracing the dollars, of tracing the believe we have a responsibility to en- (C) any visual exhibit, including photo- dollars through recipient reporting—a sure that those hard-earned tax dollars graphs or slides; system that, although costing a little are spent effectively and efficiently. (D) any video, digital, or audio recordings bit to do, ultimately once set up saves H.R. 2146, the Digital Accountability of the conference; and money. and Transparency Act, will make the (E) information regarding any financial support or other assistance from a founda- The DATA Act before us today will Federal Government more accountable tion or other non-Federal source used to pay literally track those trillions of dollars by making it easier for taxpayers to or defray the costs of the conference, which in a way not done outside of the Recov- see where their money is going. By shall include a certification by the head of ery Act. Quite frankly, we owe a debt making government spending more the agency that there is no conflict of inter- of gratitude to the Recovery Board for transparent, we will, hopefully, reduce est resulting from the support received from showing us an effective system on wasteful spending. each such source. which we could build. This bill aims to capitalize on the (3) LIMITATION ON AMOUNT EXPENDED ON A Just a few days ago, our committee, success of the Recovery Accountability CONFERENCE.— (A) IN GENERAL.—No agency may expend on a very bipartisan basis, evaluated and Transparency Board. The Demo- more than $500,000 to support a single con- the GSA’s lavish spending. They ex- crats in Congress created the board as ference. plained to us that part of the way they part of the Recovery Act in 2009. In ad- (B) RULE OF CONSTRUCTION.—Nothing in spent $830,000-plus was, in fact, to cob- dition to promoting job creation, eco- this paragraph shall be construed to preclude ble together, as they put it, multiple nomic activity and long-term growth, an agency from receiving financial support baskets of money—meaning, if you the Recovery Act fostered unprece- or other assistance from a foundation or didn’t know or couldn’t trace how dented accountability and trans- other non-Federal source to pay or defray the costs of a conference the total cost of they’d spent their money, you wouldn’t parency in government spending. which exceeds $500,000. know that it was spent on a mind read- Under the administration’s implemen- (4) LIMITATION ON THE ANNUAL NUMBER OF er and a clown. You wouldn’t know tation and the RAT Board’s oversight, CONFERENCES AN AGENCY MAY SUPPORT.—No that those 10 trips, essentially, were the Recovery Act has had historically

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.002 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2092 CONGRESSIONAL RECORD — HOUSE April 25, 2012 low levels of waste, fraud, and abuse. b 1340 over $800,000 for some conference with The successful implementation of the We may do something as labor inten- mind readers and clowns when so many Recovery Act should be a model for im- sive as mail them something, or email Americans are struggling and working proving transparency and account- them some things that we found, or hard. ability in all Federal spending. maybe get a PDF document and be able This bill will help prevent this type The DATA Act would do many of the to send it in, or send them to an agen- of abuse from happening again, and I same things the President directed by cy Web site, but there is no systematic am rising in strong support of H.R. executive order on June 13, 2011. The structured way to be able to compare 2146, the Digital Accountability and DATA Act would establish a new, inde- last year to this year, one agency to Transparency Act. It is good government, it is bipar- pendent commission to lead the gov- another agency, how this contract was tisan, it is something that we can all ernment’s efforts on Federal spending done, how this grant was done. This is agree on. It is common sense, and if it transparency and accountability. The a great moment to be able to bring all had been in place earlier we could have new commission would be authorized that information together so that possibly prevented the type of abuse to set government-wide data standards every group, including Congress, can that we are both dedicated to cleaning and to coordinate the oversight of Fed- pull that data and can research it. eral funds to prevent waste, fraud, and up. This gets to the essence of why trans- This bill will improve congressional abuse. parency is such a big deal because we oversight of how Federal dollars are I supported this legislation when it want every single taxpayer to be able being spent. This bill does this by cre- was considered by the Oversight Com- to look in and be able to see how their ating a single online portal for infor- mittee in June, but I had several con- money is spent. That’s an appropriate mation about where Federal spending cerns which I asked Chairman ISSA to way to be able to respond to this. can be tracked. The bill requires recipi- This also eliminates the duplication work with me on addressing. I com- ents of Federal grants, loans, and con- reporting from a contractor or an agen- mend the chairman for bringing an tracts to disclose how much money amendment to the floor today that ad- cy that is actually trying to file this they receive and how that money is dresses those concerns. information to not have to do it mul- spent, and reduces the compliance bur- This bill also includes language re- tiple times, to make it more efficient. den on recipients of Federal funds by quiring agencies to disclose their This deals with the inconsistent re- streamlining reporting and estab- spending on conferences and to justify quirements of reporting across dif- lishing universal data standards. their locations and cost efficiency. The ferent platforms. This deals with the The Congressional Budget Office has bill, as amended, also requires agencies basics of grant and contract recipients certified that: to reduce their travel spending by 20 being able to also report in that data, H.R. 2146 contains no intergovernmental or percent from fiscal year 2010 levels. as was done by the Recovery Board, private-sector mandates, as defined by the The President directed agencies to re- which has been very successful in get- Unfunded Mandates Reform Act (UMRA), duce travel spending in an executive ting accurate information in. and would impose no additional costs on order issued on November 9, 2011. This also engages those outside indi- State, local or tribal governments. viduals, grant writers, grant recipients, When he signed that executive order This is designed to save money and and contract recipients, to be able to to cut waste and promote efficient to save the taxpayers, and to allow the come back in and process that data so public to have insight into how these spending, he said this: we get real-time information. And it dollars are being spent, too. We can’t wait for Congress to act. We can’t deals with one of the most basic things: The DATA Act capitalizes on the re- wait for them to get our fiscal house in order efficient use of money. In this par- porting required under the American and make the investments necessary to keep Recovery and Reinvestment Act and America great. That’s why, today, I’m sign- ticular bill, it deals with all these con- ing an executive order that will build on our ferences, reducing the cost of govern- President Obama’s executive order es- efforts to cut waste and promote more effi- ment conferences, finding some way to tablishing the Government Account- cient spending across the government. We’re be able to put some parameters around ability and Transparency Board, and it cutting what we don’t need so that we can them and structure, so that money is will give legislative teeth to increase invest in what we do need. not pulled from one place or another to transparency and accountability over Let’s show the President that Con- be able to function in conference, a Federal spending across the govern- gress can and will act to reduce waste- conference that doesn’t have a quarter ment. ful spending. I urge my colleagues to of a million dollars budget spending The DATA Act also caps nonmilitary join me, our chairman, and our com- $850,000 for a single event. travel spending at 20 percent below mittee in supporting this legislation. I reiterate what we have said on both FY10 levels and limits both the number With that, Madam Speaker, I reserve sides of the aisle: transparency is not a of and amount spent on agency con- the balance of my time. partisan issue. This is a bipartisan bill, ferences, which will save taxpayers and whoever is in the White House and hundreds of millions of dollars per Mr. ISSA. Madam Speaker, I would whoever is running agencies, just like year. now like to yield 5 minutes to the gen- Congress, is accountable to all the So this is truly something we can all tleman from Oklahoma (Mr. American people. agree upon. The technology is there. LANKFORD). This makes all of what we do pub- This bill puts the political will behind Mr. LANKFORD. If people call my of- licly available, easy to be able to re- having this accountability. We do fice and ask a simple question, some- search, easy to be able to compare. It is know how to track this. This will be in thing as simple as, How much did this a simple way to take this on. I’m one centralized place, it will be avail- cost?, it is difficult for even a Member strongly in support of this and grateful able to the public, and it’s an improve- of Congress to be able to track down all that it’s a very bipartisan act. ment in all ways. the details. How much was allotted for Mr. CUMMINGS. Madam Speaker, I Currently available data on Federal that grant? How much was actually yield 5 minutes to the gentlewoman spending is incomplete, confusing, and spent? How much was that contract? from New York (Mrs. MALONEY). inconsistent. This act would centralize How much was actually spent? How Mrs. MALONEY. I thank the gen- and simplify the convoluted reporting much does this agency spend on X tleman for yielding and for his leader- that is in place now, and everything number of programs or on this specific ship, and I thank the chairman for his would be reported in the same way. program? leadership. The bill also includes uniform report- An individual hardworking taxpayer This is truly a bipartisan effort, and ing from the recipients of the Federal should be able to go research that out. one that is sorely needed, as we can see funds and, very importantly, all of this Outside groups should be able to re- from the hearing that we held last would be available to the public. search that and should be able to de- week in the Oversight and Government The independent commission that velop some way to systematically re- Reform Committee on the General would be established by this would be search and compare. Right now, we Services Administration. And it was responsible for publishing and moni- can’t do that. just outrageous that they would spend toring Federal spending. A number of

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.023 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2093 diverse groups have come out in favor National Freedom of Information Coali- things that people may have been of it. I have roughly 20 groups that tion, National Priorities Project, OMB thinking about doing. We don’t even have written in support of the bill, Watch, OpenTheGovernment.org, Pro- want to think about it because there from the Citizens for Responsibility gressive Librarians Guild, Project On are so many people in our districts who Government Oversight (POGO), work so hard to earn their money, and and Ethics in Washington, to the Tax- Tabulaw Inc., Taxpayers for Common payers for Common Sense, to POGO, to Sense Action, Taxpayers Protection they don’t mind paying their taxes, OMB Watch. Alliance, The Sunlight Foundation, they don’t mind sacrificing, as long as I believe this is an important bill. I U.S. Transparency, Washington Coali- they know that that money is being believe it will make the government tion for Open Government, spent effectively and efficiently. perform better, save taxpayers money, WashingtonWatch.com. One of the things that we have to do, and the time of those who are tracking Mr. ISSA. Madam Speaker, I yield 3 Madam Speaker, is to make sure that where these dollars are going. It is well minutes to the gentleman from Florida we establish and maintain a trust with overdue, and it should pass today. (Mr. ROSS), the author of many of the them so that when they write that I urge all of my colleagues on both reforms in this bill. check, they know it’s going towards sides of the aisle to vote for this impor- Mr. ROSS of Florida. Thank you, the roads that they want to see built, tant piece of legislation. chairman, for yielding. going towards making sure the air is POGO AND PARTNERS STRONGLY SUPPORT Madam Speaker, I rise in strong sup- clean, and making sure that the park PASSAGE OF THE DATA ACT port of the Digital Accountability and rangers are present. They want to see April 23, 2012. Transparency Act of 2011, also known that money spent properly. They don’t MEMBERS OF THE HOUSE OF REPRESENTA- as the DATA Act. want to see it spent on some bureau- TIVES: We, the undersigned organizations, crats flying around the country using are writing in strong support of the Digital The DATA Act finally does what America wants: opens up the books of the money in an improper way. Accountability and Transparency Act So with this bipartisan bill, I think (DATA Act), H.R. 2146, which is planned for government and lets the taxpayers see a floor vote this Wednesday. The DATA Act what is being spent. The bill also cuts we send a message to the public that is an important step towards improving fed- agency travel spending by hundreds of we’re going to do everything in our eral financial transparency and would em- millions of dollars per year, a great and power to make sure that they have as power the public to better understand how necessary first step. much information as possible about their federal dollars are being spent. where that money goes when it leaves Currently available data on federal spend- By requiring Federal agencies to re- port how their funds are spent and cap- their checking account. And because of ing is incomplete and inconsistent. The that and because this bill is so signifi- ping travel expenses, this common- DATA Act would centralize and simplify the cant and because it is about a truly bi- convoluted spending reporting standards so sense bipartisan bill will bring much- partisan effort, I’m hoping that we will that every government agency reports their needed accountability and trans- have every Member of the House voting spending in the same way. Importantly, the parency to Federal spending. The in favor of it. bill also includes uniform reporting from re- DATA Act should also send a clear cipients of federal funds. All of this informa- With that, Madam Speaker, I yield message to bureaucrats here in Wash- tion will be readily available to the public. back the balance of my time. The DATA Act establishes an independent ington, D.C. Mr. ISSA. I yield myself such time as commission responsible for publishing and The American taxpayer is watching, I may consume. monitoring federal spending, modeled after and they’re sick and tired of the blank- Madam Speaker, the expression we the Recovery Accountability and Trans- check mentality. Let’s make sure that often hear about success and failure is parency Board. It also sets consistent gov- taxpayer dollars are no longer spent on that success has many fathers, while, ernment-wide standards for financial data lavish conferences. But with this bill in fact, failure is an orphan. This bill reporting. Its enactment will greatly im- we can also begin to crowdsource all prove the scope, granularity, timeliness, use- will not be an orphan. In fact, the work fulness, and accuracy of public reports on Federal spending. of Ranking Member CUMMINGS, along federal spending beyond what is currently I thank the gentleman from Cali- with Representative MALONEY, Rep- available. fornia (Mr. ISSA) for introducing this resentative SHERMAN, Representative Concerns many of us expressed with earlier bill and for his leadership on trans- COLLIN PETERSON, and the former versions of the legislation have been ad- parency and accountability in govern- chairman of the full committee, ED dressed. For example, the bill provides for ment. Let’s make sure that common TOWNS, on just one side, have been crit- continuity of the Federal Funding Account- sense becomes something common in ability and Transparency Act and ical in getting this done. The support USAspending.gov. It ensures that reporting government. of JASON CHAFFETZ, DAN BURTON, requirements will persist even if the Com- Please join me in supporting the BLAKE FARENTHOLD, the gentleman mission sunsets. It requires prime federal DATA Act. who spoke a minute ago, JAMES award recipients to identify all sub-awards, Mr. CUMMINGS. I yield myself such LANKFORD, MIKE KELLY, TOM LATHAM, and expands Treasury Department reporting time as I may consume. PATRICK MCHENRY, and DENNIS ROSS requirements. It also strengthens the Gov- As the Chairman stated and others all have been critical in this process. ernment Accountability Office’s ability to have stated on this floor, we saw the But perhaps less often heard, as the obtain certain agency records. abuses that took place at GSA, and we ranking member referred, former In- This bill, introduced by Rep. Darrell Issa (R–CA), cosponsored by Rep. Elijah Cum- will certainly continue to follow them, spector General and chairman of the mings (D–MD) and 13 others, was passed because I believe that all of us were Recovery Board, Earl Devaney, has unanimously by the House Oversight and very upset about those abuses, Madam been critical to shepherding the proc- Government Reform Committee, and enjoys Speaker. ess that has gone over two Congresses, strong bipartisan support. One of the things that we do believe and I want to thank him personally We urge that you be present and vote is that the legislation like this is so while he’s enjoying his well-earned re- ‘‘yes’’ on the DATA Act to shine a light on important because it shines a light on tirement. Along with him was Vice the spending of our tax dollars. For more information, please contact Dan- how money is being spent. It won’t President JOE BIDEN, who has been sup- iel Schuman of the Sunlight Foundation, An- solve all the problems, but it certainly portive and helped us in this process gela Canterbury of the Project on Govern- will solve a lot of them. and held numerous meetings at the ment Oversight, or Sam Rosen-Amy of OMB White House on behalf of it. In the Sen- b 1350 Watch. ate, MARK WARNER of Virginia has Sincerely, One of the things that Mr. Devaney championed and introduced the com- Center for Responsive Politics, Citizens said, who was over the stimulus bill panion product, making it bipartisan for Responsibility and Ethics in Wash- and the RAT Board there, is that he in both Houses. ington, (CREW), Cost of Government wanted to do certain things that not Additionally, as I think the ranking Center, Data Transparency Coalition, only would lay out a formula for ac- Electronic Frontier Foundation, Fore member alluded to, the Sunlight Foun- See, Global Financial Integrity, countability, but would prevent people dation, the Project on Government iSolon.org, Jubilee USA Network, Lib- from even abusing the system. Oversight, the American Institute of erty Coalition, Missionary Oblates US Again, I think what we’re doing here Certified Public Accountants, the Province. puts us out front of, hopefully, some Americans for Tax Reform, the Data

VerDate Mar 15 2010 02:25 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.024 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2094 CONGRESSIONAL RECORD — HOUSE April 25, 2012 Transparency Coalition, and XPRL US These changes should have been made lenges inherent in implementing Recovery have all been critical. The last one I during Committee or Subcommittee markup, Act-type reporting for all grants and con- mentioned is particularly critical be- but our Committee engaged in no substantive tracts. Having adequate staff and sufficient cause the need for standards that ulti- equipment and data systems are essential to deliberations about the content of the bill in effective implementation and oversight. mately are set that allow for this that context. As a result, today we have a bill The ultimate success of Recovery Act re- transparency are going to come not that probably is less costly to both public and porting and the resulting low level of fraud from us in government but from orga- private entities but nonetheless still creates and abuse can be attributed not only to the nizations who have open and trans- new private and public sector regulations and work of the Recovery Accountability and parent capability that we will leverage. mandates at a significant cost. I remain con- Transparency Board but also to the commit- All of these and more are to be thanked cerned that the laudable goal of creating a sin- ment and dedication of accountability and today. oversight professionals at the state and local gle reporting system for federal spending levels. It was recognized early on that the I want to close by saying the winners could be lost in a maze of duplicative and con- lack of funding for state and local govern- of this effort will be the American peo- flicting reporting requirements as a result of ments was a major oversight and short- ple. It will be the American people be- this bill. coming of the original Recovery Act, and it cause when this is fully implemented, It is ironic that a bill whose stated purpose appears that this shortcoming will be re- the American people, who are used to is transparency would be rammed through peated in the DATA Act. Googling for information outside of Committee and then brought to the floor with We believe that an efficient and stream- lined reporting process, such as the one es- government, will find it possible to get last-minute changes made in the least public meaningful information on where their tablished in the DATA Act, hinges on identi- manner possible. As a result of this con- fying challenges and establishing well hard-earned tax dollars are being spent voluted legislative process, there may be prob- thought out and vetted business processes. just as quickly. And that’s the goal of lems with the current text of the DATA Act Relying on the success of reporting for a our committee: to recognize that the which have not been subjected to review by small number of ARRA grants and contracts hundred-or-so staff and members on the committee of jurisdiction. I hope that the and expanding that universe to include all both sides of the aisle of the Oversight Senate reviews the current text of this bill federal awards will require significant plan- Committee cannot protect the Amer- ning and resources. carefully not only because of the bill’s costs, We have recently become aware that the ican people alone. The 12,000-or-so new regulations, and new mandates, but also members of the Inspector General’s current Recovery Accountability and Trans- because the haphazard manner in which the parency Board will conduct a grants infor- staff throughout government cannot bill was written increases the likelihood that mation reporting pilot project this summer protect the American people alone. But there are drafting errors, duplicative regula- to identify cost efficiencies and the potential with data transparency and more ac- tions, or provisions that are inconsistent with pitfalls of moving toward a centralized sys- cess and sunlight available more broad- current law. tem for data collection and warehousing. ly, we believe that these organizations It should be obvious that our committee Such a pilot would be an important step in can, in fact, have the kind of whistle- could work in a bipartisan manner to promote identifying the plausibility of expanding blowers and information providers that ARRA-like reporting requirements to the en- transparency through legislation like the DATA tire universe of grants and contracts. will allow us to scrub the balance sheet Act, but certain provisions of this bill and the As we have suggested previously, we be- to wrench out waste, fraud, and abuse lack of deliberation in developing it expose lieve that developing a phased-in approach in our government at any level. stakeholders to potential negative unintended to implementing the DATA Act would allow So I join with the ranking member in consequences. For these reasons I must op- for grant recipients to establish the appro- urging its unanimous support and yield pose this legislation. priate processes for such an enormous en- back the balance of my time. deavor. Such an approach would also give GOVERNMENT FINANCE OFFICERS AS- Mr. CONNOLLY of Virginia. Madam Speak- the Recovery Board an opportunity to under- SOCIATION; INTERNATIONAL CITY/ take its planned information reporting pilots er, the Oversight and Reform Committee COUNTY MANAGEMENT ASSOCIA- marked up the DATA Act without holding a and would help to mitigate the reoccurring TION; NATIONAL ASSOCIATION OF data quality problems that have plagued single hearing about the advisability of cre- COUNTIES; NATIONAL ASSOCIATION USASpending.gov. ating additional, duplicative reporting require- OF STATE AUDITORS, COMPTROL- While we support the intent of the DATA ments for grantees, subgrantees, contractors LERS AND TREASURERS; NATIONAL Act, trying to implement the requirements and subcontractors. The reporting require- ASSOCIATION OF STATE BUDGET on all grants and contracts all at once will ments imposed by this bill would affect local OFFICERS; NATIONAL ASSOCIATION severely limit the chances of meeting the in- and state governments, colleges and univer- OF STATE CHIEF INFORMATION OF- tended goals and objectives. We hope that FICERS; NATIONAL LEAGUE OF CIT- sities, and private sector federal contractors you will reconsider the legislation in its cur- IES, rent form to develop a reasonable phased-in and subcontractors. I ask unanimous consent April 24, 2012. approach for implementation and that you to include for the RECORD statements from the Hon. DARRELL ISSA, will consider adding a funding provision to National Governors Association, National As- Chairman, Oversight and Government Reform support state and local governments, which sociation of Counties, National League of Cit- Committee, House of Representatives, Wash- will be essential partners for successful im- ies, National Association of Chief Information ington, DC. plementation. Officers, International City/County Manage- DEAR CHAIRMAN ISSA: On behalf of the We look forward to continuing the dialog above listed organizations, we are writing to ment Association, National Association of on this important initiative. Please feel free commend you on your efforts to further to contact our representatives in Wash- State Budget Officers, National Association of transparency and accountability in federal ington should you have any questions or de- State Auditors, Comptrollers, and Treasurers, spending and to express our sincere apprecia- sire further information. Government Finance Officers Association, and tion to your staff in working with many of MICHAEL BELARMINO, George Mason University opposing this legis- our organizations to include recommended NACO. lation. changes in the most recent draft amendment CORNELIA CHEBINOU, The authors of this bill believe that creating to H.R. 2146, the Digital Accountability and NASACT. these additional regulations on the private sec- Transparency Act. We agree with the long LARS ETZKORN, NLC. tor and mandates on state and local govern- term purpose of the Act to consolidate and SUSAN GAFFNEY, GFOA. ments will cost $51 million per year, which is streamline the reporting of federal funds. ELIZABETH KELLAR, ICMA. However, in addition to the overall goals of the new spending authorized by the DATA SCOTT PATTISON, NASBO. modernization, efficiency and account- PAM WALKER, NASCIO. Act. That only represents the direct cost, not ability, the shift toward data reporting the indirect costs taxpayers will bear if local standardization should keep in mind the NGA OPPOSES DATA ACT LEGISLATION and state governments and colleges and uni- costs and burdens for fiscally strained state WASHINGTON.—The National Governors As- versities must spend more money filing paper- and local governments and other federal sociation (NGA) today issued the following work to comply with the requirements of this grant recipients. statement regarding the establishment of an bill. That cost also does not account for the While there are a number of positive independent agency in the executive branch costs to private sector businesses to comply changes contained in the most recent draft, to improve transparency in federal spending we remain concerned about the magnitude of with new regulations imposed by this bill. Uni- and coordinate investigations to prevent reporting and the stated timelines for imple- fraud: versity and contractor associations have not mentation. The lack of funding for state and ‘‘While governors support the need for taken a public position opposing this legisla- local governments to carry out the reporting transparency in accountability and report- tion because of last-minute changes to the bill and necessary oversight is disappointing ing, they have long opposed unfunded man- made by Mr. ISSA’s staff. given the enormous administrative chal- dates.

VerDate Mar 15 2010 02:42 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.026 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2095 ‘‘The DATA Act (H.R. 2146) builds upon les- Reform would have created an extra level of H.R. 3336 sons learned by states in tracking federal bureaucracy and duplicative reporting of finan- Be it enacted by the Senate and House of Rep- funds under the American Recovery and Re- cial data in addition to an administrative tax on resentatives of the United States of America in investment Act. Unfortunately, funding is scarce Federal research dollars and an un- Congress assembled, not provided for the Act’s numerous new re- SECTION 1. SHORT TITLE. quirements. funded mandate imposed on our already struggling universities. This Act may be cited as the ‘‘Small Busi- ‘‘Without funding for state compliance, ness Credit Availability Act’’. governors cannot implement the bill and Research universities, the economic en- therefore do not support the passage of the SEC. 2. CLARIFICATION OF SWAP DEALER DEFI- gines of our Nation, typically receive research NITION. DATA Act. Governors encourage Congress to grants from 6–7 Federal agencies, each with Section 1a(49) of the Commodity Exchange work with them to develop a more workable its own financial reporting requirements and Act (7 U.S.C. 1a(49)) is amended by striking solution that meets the needs of states. data standards. The bill as introduced would all that follows subparagraph (A)(iv) through simply have added one more agency, in the subparagraph (C) and inserting the following: GEORGE MASON UNIVERSITY, OFFICE ‘‘provided however, in no event shall an in- OF THE VICE PRESIDENT, RE- form of the new Commission, to which univer- sured depository institution, an institution SEARCH AND ECONOMIC DEVELOP- sities would have to report. This would have chartered and operating under the Farm MENT, increased the administrative costs on Federal Credit Act of 1971, or a United States unin- Fairfax, VA, April 24, 2012. research dollars without providing any new in- sured branch or agency of a foreign bank Hon. Gerry Connolly, formation about funding to those institutions. that has a prudential regulator be considered House of Representatives, The amendment being considered today is to be a swap dealer to the extent that it en- Washington, DC. a big improvement on the original bill in ensur- ters into a swap— DEAR REPRESENTATIVE CONNOLLY: I am ing that financial reporting of Federal grants ‘‘(I) with a customer that is seeking to writing to you regarding H.R. 2146, the Dig- manage risk in connection with an extension ital Accountability and Transparency Act and contracts is standardized and consoli- of credit by the institution to, on behalf of, (DATA Act), which is scheduled to be consid- dated to reduce the overall administrative bur- or for the benefit of, the customer; or ered on the House Floor tomorrow. George den on grant recipients such as universities ‘‘(II) to offset the risks arising from a swap Mason University very much appreciates all while providing the increased transparency that meets the requirement of subclause (I). your efforts to make the necessary changes that is the goal of this bill. I want to express ‘‘(B) INCLUSION.—A person may be des- in the bill so it would accomplish the goal of my appreciation to Chairman ISSA and Rank- ignated as a swap dealer for a single type or more accountability and transparency in fed- ing Member CUMMINGS for working closely single class or category of swap or activities eral spending by enhancing the reporting re- with the university groups to address these and considered not to be a swap dealer for quirements of Federal agencies and recipi- other types, classes, or categories of swaps ents of federal funds. We support this goal issues. or activities. and also recognize the sincere efforts of all However, I believe that more work still ‘‘(C) EXCEPTIONS.— those involved to meet the concerns of the needs to be done on this bill to guarantee that ‘‘(i) The term ‘swap dealer’ does not in- various stakeholders. Nevertheless, we con- financial reporting is fully streamlined and clude a person that enters into swaps for tinue to oppose the bill for the following rea- agencies are required to comply with a con- such person’s own account, either individ- sons. solidated reporting system. I understand that ually or in a fiduciary capacity, but not as The bill requires recipients to report, not the transition will be difficult for all involved, in- part of regular business activities as de- less than quarterly, any transaction, basic scribed in subparagraph (A). location information, individual Federal cluding both the granting agencies and the ‘‘(ii) In determining whether a person is a awards by agency, the total amount of funds grant recipients, but I also believe that a con- ‘swap dealer’ within the meaning of subpara- received and the amount of funds expended solidated financial reporting system is good for graph (A), the following shall not be consid- or obligated for an individual award per the government and good for the taxpayer. ered as part of the determination: quarter, subawardees (or prime awardee de- I share with some of my colleagues other ‘‘(I) any swap entered into for a person’s pending on status of recipient) and any addi- concerns that have been expressed about this own account for the purpose of hedging or tional information requested. Mason has ap- bill, but today I speak only in my role as Rank- mitigating commercial risk; and proximately 650 active awards totaling over ing Member of the Committee on Science, ‘‘(II) any swap entered into for a person’s $285 million. Mason already reports on each own account for the purpose of meeting of these, and to do so on a quarterly basis Space, and Technology. I hope that Chairman ISSA and Ranking Member CUMMINGS will State or local governmental regulatory com- would require an additional 21⁄2–3 additional pliance purposes. FTEs. This is just the administrative cost to maintain their open dialogue with the univer- ‘‘(iii) In determining whether a person is a our Office of Sponsored Programs, not count- sities and other Federal grant and contract re- ‘swap dealer’ within the meaning of subpara- ing the time PIs would have to spend. Since cipients about the details of this bill as it graph (A)(iii), any swap which involves a ca- State funds are dwindling and administra- moves forward. I believe we all share the goal pacity contract, a renewable energy credit, tive costs allowed in indirect costs are of increased transparency while keeping U.S. an emissions allowance, or an emissions off- capped at 26% the Act will impact our budg- research dollars directed to ground-breaking set shall not be considered as part of that de- et. termination, if— It should be noted that the Federal Dem- research that is the foundation of our eco- ‘‘(I) the contract, credit, allowance, or off- onstration Partnership found that the Re- nomic growth, rather than to additional paper- set is utilized to meet obligations under covery Act quarterly reporting resulted in work. State or local law or regulation for that per- each award costing an additional $7900 to ad- The SPEAKER pro tempore. The son; and minister, for little useful information. Re- question is on the motion offered by ‘‘(II) the swap is entered into for that per- search is about creating and advancing the gentleman from California (Mr. son’s own account.’’. knowledge and is less prone to duplication ISSA) that the House suspend the rules and abuse because researchers generally SEC. 3. EXCLUSIONS FROM FINANCIAL ENTITY and pass the bill, H.R. 2146, as amend- DEFINITION. know their peers and their published work. ed. Section 2(h)(7)(C)(ii) of the Commodity Ex- We have several other concerns such as the change Act (7 U.S.C. 2(h)(7)(C)(ii)) is amend- FAST Commission and the penalties for non- The question was taken; and (two- ed to read as follows: compliance, but the cost of quarterly report- thirds being in the affirmative) the ‘‘(ii) EXCLUSION.—Such definition shall not ing is the most direct. rules were suspended and the bill, as include an entity that is a small bank, sav- Again, thank you for all you do on behalf amended, was passed. ings association, farm credit system institu- of George Mason University. I look forward A motion to reconsider was laid on tion, non-profit cooperative lender con- to continuing to work with you. Please let the table. trolled by electric cooperatives, or credit me know if you have any questions. union if the aggregate uncollateralized out- Sincerely, f ward exposure plus aggregate potential out- KERRY D. BOLOGNESE, ward exposure of the entity with respect to Director of Federal Relations. SMALL BUSINESS CREDIT AVAILABILITY ACT its swaps does not exceed $1,000,000,000.’’. Ms. EDDIE BERNICE JOHNSON of Texas. SEC. 4. CLARIFICATION OF THE EXEMPTIONS Madam Speaker, I rise today to speak on H.R. Mr. LUCAS. Madam Speaker, I move FOR CAPTIVE FINANCE COMPANIES 2146, the DATA Act. I join all of my col- to suspend the rules and pass the bill FROM THE DEFINITION OF MAJOR (H.R. 3336) to ensure the exclusion of SWAP PARTICIPANT AND FROM THE leagues on both sides of the aisle in sup- SWAP CLEARING REQUIREMENT. porting greater transparency in Federal grants small lenders from certain regulations (a) EXCLUSION FROM DEFINITION OF MAJOR and contracts. But the details in how we reach of the Dodd-Frank Act, as amended. SWAP PARTICIPANT.—Section 1a(33)(D) of the that goal are important. The bill as reported by The Clerk read the title of the bill. Commodity Exchange Act (7 U.S.C. 1a(33)(D)) the Committee on Oversight and Government The text of the bill is as follows: is amended to read as follows:

VerDate Mar 15 2010 02:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.008 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2096 CONGRESSIONAL RECORD — HOUSE April 25, 2012 ‘‘(D) EXCLUSION OF CERTAIN CAPTIVE FI- proposed rules and regulations, that are lim- dreds of small institutions. That’s why NANCE ENTITIES.— ited to and directly a consequence of such Congress never intended for these com- ‘‘(i) IN GENERAL.—The definition under this amendments. munity lenders to be regulated the paragraph shall not include an entity whose The SPEAKER pro tempore. Pursu- same as the largest global financial in- primary business is providing financing that ant to the rule, the gentleman from facilitates the sale or lease of products by or stitutions. Oklahoma (Mr. LUCAS) and the gen- on behalf of the parent company or another b 1400 subsidiary of the parent company, and uses tleman from Minnesota (Mr. PETERSON) derivatives only for the purpose of hedging each will control 20 minutes. This bill aims to restore Congres- underlying commercial risks in a consoli- The Chair recognizes the gentleman sional intent by exempting small dated financing and leasing portfolio, at from Oklahoma. banks, credit unions, nonprofit cooper- least 90 percent of which, as of the end of its GENERAL LEAVE ative lenders, and farm credit institu- preceding fiscal year, is qualifying financing Mr. LUCAS. Madam Speaker, I ask tions from costly clearing require- (including loans, notes, installment sales ments under Dodd-Frank. It also en- contracts, receivables, and operating and fi- unanimous consent that all Members nancing leases). have 5 legislative days in which to re- sures that banks can continue to pro- ‘‘(ii) DEFINITIONS.—In this subparagraph: vise and extend their remarks on the vide risk management tools to their ‘‘(I) QUALIFYING FINANCING.—The term bill, H.R. 3336. borrowers. ‘qualifying financing’ means— The SPEAKER pro tempore. Is there In addition, thanks to the leadership ‘‘(aa) any financing or lease of, or that in- objection to the request of the gen- of Representatives SCHILLING, OWENS, cludes, a product; or tleman from Oklahoma? and MCINTYRE, provisions of H.R. 3336 ‘‘(bb) any financing to or for the benefit of There was no objection. will ensure captive finance affiliates of an affiliate of the entity, a distribution enti- manufacturing companies like John ty, or any customer or affiliate of a distribu- Mr. LUCAS. Madam Speaker, I yield tion entity, myself such time as I may consume. Deere and Caterpillar are eligible for except that the term does not include any fi- Madam Speaker, I rise to voice my the same exemptions as their parent nancing that does not facilitate the sale of a support for this bill. First and fore- companies and other end-users. These product manufactured by the entity or its af- most, I would like to thank my com- affiliates are an important source of filiates, as determined by the Commission. mittee’s ranking member, Mr. PETER- credit to consumers and businesses and ‘‘(II) PRODUCT.—The term ‘product’ SON, and his staff for their diligent promote our manufacturing sector. means— work on this bill on behalf of end-users Lastly, through the hard work of ‘‘(aa) any good that is manufactured or sold by an affilliate of the entity; and and small business lenders. We have a Representatives COSTA, CARDOZA, and ‘‘(bb) any service that is provided by an af- longstanding tradition of bipartisan- BACA, H.R. 3336 clarifies that utilities filiate of the entity. ship at the Agriculture Committee, and will not be miscast as swap dealers be- ‘‘(III) DISTRIBUTION ENTITY.—The term ‘dis- their work was invaluable. I’d like to cause they enter into contracts that tribution entity’ means a person whose pri- thank Representative HARTZLER for are required by State law. The legisla- mary business is the sale, lease or servicing her leadership on H.R. 3336 on behalf of tion clarifies that complying with of a product that is manufactured by the en- the small business institutions and the State laws alone won’t also draw new tity or its affiliates. and costly Federal regulations. ‘‘(IV) AFFILIATE.—The term ‘affiliate’ businesses they serve. means, with respect to an entity— I would like to acknowledge and There are many Members on both ‘‘(aa) a person that reports information or thank Representative HULTGREN and sides of the aisle at the Ag Committee prepares financial statements on a consoli- Representative BOREN, whose legisla- who have spent time getting this bill dated basis with the entity, or for which a tion, H.R. 3527, will not be considered to where it is today. We have been parent company reports information or pre- today. As a result of their leadership careful not to create loopholes or to pares financial statements on a consolidated and Mr. PETERSON’s support, many of stray from congressional intent. The basis for the person and the entity; or the critical issues for end-users ad- bill does not open the door for large fi- ‘‘(bb) a person of which the entity or the parent of the entity holds 50 percent or more dressed in H.R. 3527 were resolved by nancial players to evade regulations or of the equity interests. the CFTC in its final ‘‘definitions engage in speculative or highly risky ‘‘(V) PERSON.—The term ‘person’ means an rule.’’ activities. individual, partnership, corporation (includ- I think we can reasonably feel as- Madam Speaker, in this economy, it ing a business trust), limited liability com- sured that agricultural cooperatives all comes back to jobs. To create new pany, joint stock company, trust, unincor- and other end-users out in the country- jobs, businesses need access to credit to porated association, joint venture or other side won’t be unnecessarily deemed make new investments. This bill en- entity, or a government or any political sub- ‘‘swap dealers’’ and regulated like the sures that businesses maintain access division or agency thereof.’’. (b) EXCLUSION FROM SWAP CLEARING RE- largest financial institutions. As I said to credit from community lenders. QUIREMENT.—Section 2(h)(7)(C)(iii) of such from the outset, if the CFTC on its own So I urge my colleagues to support Act (42 U.S.C. 2(h)(7)(C)(iii)) is amended to resolves concerns we have raised for H.R. 3336 and ensure that America’s read as follows: months in our committee room, we small businesses can continue to access ‘‘(iii) EXCLUSION OF CERTAIN CAPTIVE FI- would not proceed with legislation. the credit they need to build our econ- NANCE ENTITIES.—Such term shall not in- And that’s what we’ve done with H.R. omy. clude an entity excluded from the definition 3527. However, concerns with the imple- Madam Speaker, I reserve the bal- of major swap participant by reason of sec- tion 1a(33)(D).’’. mentation of title VII remain, and so ance of my time. SEC. 5. EFFECTIVE DATE. we are here today to proceed with H.R. Mr. PETERSON. Madam Speaker, I The amendments made by this Act shall 3336. This bill addresses issues that are yield myself such time as I may con- take effect as if they had been included in important to community and farm sume. subtitle A of title VII of the Dodd-Frank credit banks—organizations which are Madam Speaker, today, the House Wall Street Reform and Consumer Protec- instrumental to the economic vitality considers H.R. 3336, a bill which makes tion Act. of our towns and rural communities. clarifying changes to the Dodd-Frank SEC. 6. IMPLEMENTATION. In the Dodd-Frank Act, Congress was Act. Like two other Dodd-Frank bills The amendments made by this Act to the Commodity Exchange Act shall be imple- careful to ensure that new regulations that the House passed previously—H.R. mented— wouldn’t impose unnecessary costs on 2779, the inter-affiliate bill, and H.R. (1) without regard to— small institutions that might deter 2682, the margin bill—this legislation (A) chapter 35 of title 44, United States them from extending credit to busi- was crafted in a bipartisan manner. Code; and nesses across America. Small banks As the Ag Committee continues to (B) the notice and comment provisions of pose very little risk to our financial oversee the implementation of Dodd- section 553 of title 5, United States Code; system. Within the banking system, 96 Frank, I firmly believe that the CFTC (2) through the promulgation of an interim percent of the notional value of deriva- is ultimately going to get the rules and final rule, pursuant to which public com- ment will be sought before a final rule is tives is held by the five largest banks. regulations right. If you look at the issued, and The very small remaining percentage Dodd-Frank rules that have already (3) such that paragraph (1) shall apply sole- of the derivatives exposure in our fi- been completed, by and large they have ly to changes to rules and regulations, or nancial system is spread across hun- been bipartisan and responsive to the

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.003 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2097 concerns that we have heard during our And with that, Madam Speaker, I re- the previous speakers have indicated, oversight hearings. serve the balance of my time. that small financial entities such as For example, during a legislative Mr. LUCAS. Madam Speaker, I would community banks, farm credit system hearing last year, we heard concerns like to yield 4 minutes to the gentle- institutions, and credit unions will not about business conduct standards and woman from Missouri (Mrs. HARTZLER), be burdened with costly regulations re- the potential impact it could have on who is the primary sponsor of our im- sulting from the reform of our finan- pension plans’ ability to use swaps to portant piece of legislation today. cial system. That was never Congress’ hedge risk. When the commission ap- Mrs. HARTZLER. Thank you, Mr. intent. proved a bipartisan final rule estab- Chairman, for bringing this forth and I appreciate very much the work of lishing these business conduct stand- for the bipartisan support for this bill. Chairman LUCAS and Ranking Member ards, the general response from the I’m pleased to bring the Small Busi- PETERSON and their staffs, as well as pension community was satisfaction. ness Credit Availability Act forward the bill’s sponsor, Representative More recently, the CFTC approved today in order to help small businesses, HARTZLER, to reach an agreement with last week—again with a bipartisan vote American manufacturers, farmers, and not only myself, but my colleagues, of 4–1—rules defining who will be sub- consumers to access the credit they Congressmen BACA and CARDOZA, who ject of Dodd-Frank’s new oversight. need in order to grow our economy. are also on the committee, as well as Again, the general view from the end- Madam Speaker, we need jobs in our the California delegation on the under- user community is that the rule ad- country. We need manufacturing to lying text of this bill. Without your dresses their concerns. In fact, I believe stay strong in America, and we need support, obviously we could not ad- one of the bills the committee voted on small businesses to be able to grow. dress this issue pertaining to Cali- earlier, H.R. 3527, which rewrote the They can’t do that if Washington fornia. swap dealer definition, now no longer stands in their way. While we work to maintain the via- seems necessary. The Small Business Credit Avail- bility of small businesses recognized in I talk frequently with CFTC Chair- ability Act removes the onerous bar- H.R. 3336, we also must look for ways man Gensler, and from what he has riers to credit imposed by the 2009 to avoid unintended consequences re- told me, I am confident that the re- Dodd-Frank bill governing a bank’s sulting from the implementation of the maining concerns that H.R. 3336 seeks ability to offer low-rate fixed loans to to address will ultimately be resolved Dodd-Frank Act on other entities, in small businesses and manufacturers. this case, such as utilities. satisfactorily by the CFTC. I think This bill also removes the barriers to somebody used this bill to send a mes- low-rate fixed loans for credit unions, b 1410 sage to the CFTC, and since that mes- farm credit banks, rural electric coop- sage is consistent with the original in- erative infrastructure lenders, and fi- It’s always the difficult challenge we tent of Dodd-Frank, I have no objec- nance companies who offer credit to have in Congress, the law of unin- tion to it. their customers. tended consequences, that we must re- As originally considered by the com- Without this bill, the Farm Credit spond to. mittee, H.R. 3336 is meant to address Council alone expects that substantial Because of California’s regulatory en- concerns raised by farm credit institu- new costs between $6 million and $27.2 vironment, I expressed concerns in the tions, credit unions, and small banks million a year will be added to their committee that California’s energy that worry about being forced to clear. providers, our utility companies, might Under current law, the CFTC is sup- cost of doing business, all for new proc- esses and red tape that are not needed. be or would be inadvertently, as we be- posed to develop an asset-based exemp- lieve, swept up by the ‘‘swap dealer’’ tion from clearing. When you look at It is important that local businesses, local manufacturers, and local farmers definition, which is the efforts that the the swap activity of some of the banks, committee has addressed. Over several questions were raised whether a fixed- be able to access low-rate interest loans from local financial entities. weeks, we worked together with the asset test was appropriate. The risk- staff and the utilities to develop lan- based test contained in the bill will, I This bill keeps the business in the local communities, where it belongs, by re- guage that provides the clarity needed think, prove more than adequate and to ensure that companies within Cali- certainly will provide incentives to ducing the costly new regulations im- posed by the 2009 bill. In addition, it fornia that provide energy for all busi- banks to more robustly back up their nesses and residences—which are ulti- swap positions, to the extent that they clarifies a provision of Dodd-Frank to mately California’s ratepayers—are not are not doing so now. ensure that manufacturers will be able penalized by the Federal regulators for During the committee’s markup of to continue to provide credit to cus- simply complying with State law. H.R. 3336, Representatives MCINTYRE tomers who buy their products. H.R. 3336 includes language clarifying and OWENS raised concerns they heard We need to do everything we can to on behalf of captive finance companies keep manufacturing here in America, that the actions undertaken to comply which fear that the exemptions pro- and H.R. 3336 helps do that. with State or local laws or regulations vided to them under the Dodd-Frank Lastly, our bill clarifies that State are excluded in determining whether or law will not be implemented properly. utilities are unduly burdened by Dodd- not an entity is considered a swap deal- This bill not only addresses those con- Frank when complying with State law er. Let me be specific. The language cerns, it closed a potential loophole in as they enter into contracts. It’s time clarifies that resource adequacy con- Dodd-Frank which could have allowed for Washington to cut the unnecessary tracts entered into to satisfy Califor- captive finance companies to use the red tape that hampers job creation. By nia’s Public Utilities Commission pro- original Dodd-Frank exemption to en- passing the Small Business Credit curement requirements, renewable en- gage in speculation or swap activities Availability Act, Congress will remove ergy credits used to satisfy the Cali- unrelated to the commercial business the barriers and clear the way for local fornia Renewable Portfolio Standard, without proper oversight. entities to do business at home and and emission allowances to satisfy Also, during the markup, Representa- create jobs while doing it. California’s greenhouse regulations tive COSTA raised concerns on behalf of I urge all my colleagues to support should not—and this is the key line— California utilities, which fear being this vital bill. should not be considered in deter- classified as swap dealers for entering Mr. PETERSON. Madam Speaker, I mining whether or not an entity is a into transactions necessary to comply now yield such time as he may con- swap dealer. with State regulations. Working with sume to the distinguished gentleman My colleagues, we should understand members of the California delegation, from California (Mr. COSTA). that the situation we’re dealing with in we were able to adequately address Mr. COSTA. Madam Speaker, I rise these examples, these transactions, are these concerns as well. today in support of H.R. 3336, the Small closely regulated by California’s Public Given that the legislation clarifies Business Credit Availability Act. Utilities Commission or the California what Congress intended to do with the This bipartisan measure received Air Resources Board, and they pose no original Dodd-Frank law, I urge my unanimous support in the House Com- systemic risk to our financial systems colleagues to support its passage. mittee on Agriculture and ensures, as or to the ratepayers.

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.029 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2098 CONGRESSIONAL RECORD — HOUSE April 25, 2012 While California is currently af- issue. I want to thank Chairman herding this bill through committee. fected, it is possible that these con- LUCAS, Ranking Member PETERSON, She has been a staunch advocate for cerns could be shared by energy pro- Congressman BILL OWENS, Congress- protecting small businesses from the viders in other States. That’s why the man MIKE MCINTYRE, and Congressman overreach of Dodd-Frank. I would also committee, in their wisdom, chose to RANDY NEUGEBAUER for their efforts on like to thank Ranking Member BOS- address this issue to help not only Cali- this issue. I also really want to thank WELL, my counterpart on the General fornia, but possibly to extend to other the majority and minority House Ag Farm Committees and Risk Manage- States that might be similarly af- Committee and their staff for their ment Subcommittee; our chairman, fected. For these reasons, I encourage work on this issue, especially Ryan Mr. LUCAS; and our ranking member, my colleagues to support this bill. McKee and Clarke Ogilvie. It is impor- Mr. PETERSON, for their continued ef- I once again want to thank the chair- tant to provide certainty for our folks forts at comity and bipartisanship on man, thank Ranking Member PETER- back home. the House Agriculture Committee. SON, Chairman LUCAS, and the author Mr. PETERSON. I reserve the bal- Like many bills moved through our of the bill, Representative HARTZLER. ance of my time. committee this year, H.R. 3336 passed Mr. LUCAS. Madam Speaker, I yield Mr. LUCAS. Madam Speaker, I yield with unanimous bipartisan support. 4 minutes to the gentleman from Illi- 3 minutes to the gentleman from Texas This is a testament to the leadership nois (Mr. SCHILLING). (Mr. CONAWAY). on both sides of the aisle and to the Mr. SCHILLING. Thank you, Chair- Mr. CONAWAY. Thank you, Mr. carefully crafted bill that Ms. man LUCAS. Chairman. HARTZLER introduced. I rise in support of H.R. 3336, the Madam Speaker, I rise today in With those remarks, Madam Speaker, Small Business Credit Availability strong support of H.R. 3336, the Small I urge swift adoption of the Small Busi- Act. Business Credit Availability Act. ness Credit Availability Act. Madam Speaker, I’ve only been in Today’s bill makes several narrow Mr. LUCAS. Madam Speaker, I would Congress for a little over a year, but I changes to the law which will further note to my colleague, the ranking have found the House Committee on clarify exactly how Congress intended member, I have one additional speaker, Agriculture to be very bipartisan, and I for the CFTC to implement the new and then myself for whatever close I believe that it is in large part due to swap dealer registration requirements may have. the leadership of Chairman LUCAS and under Dodd-Frank. Mr. PETERSON. I reserve the bal- Ranking Member PETERSON. In the law, Congress authorized the ance of my time. I come to the floor today to speak in CFTC to exclude small financial insti- Mr. LUCAS. Madam Speaker, I yield support of a bipartisan provision in the tutions that provide swaps in connec- 2 minutes to the gentleman from Illi- bill that is important to the American tion with loans from the heavy regula- nois (Mr. HULTGREN). manufacturing sector—and particu- tions as swap dealers. We did so be- Mr. HULTGREN. Chairman LUCAS, larly to Illinois companies like John cause we understood the importance of thank you so much for your support on Deere and Caterpillar, which employ allowing these institutions the ability this issue. It has been a pleasure work- almost 150,000 men and women. to package together loans and hedging ing with you and your staff during my Many of the manufacturers here at instruments. first term here in Congress and on the home have what are called ‘‘captive fi- Offering loans in this way allows Ag Committee. nance affiliates’’ whose function is to small financial institutions to offset In the committee this year, we have provide loans and leases to customers some of their underlying risk and offer worked hard to protect farms and to purchase the goods they make. The lower loan rates to local farmers, small businesses from Dodd-Frank red credit that captive finance companies ranchers, and small businesses. These tape. That’s why I rise today in strong provide is essential to agricultural pro- lower loan rates mean the businesses support of Representative VICKY ducers, construction contractors, and that sustain our rural communities HARTZLER’s bill. manufacturers, and the jobs they sup- will have greater access to the capital H.R. 3336 reduces unnecessary regu- port here at home. they need to continue to invest in their latory burdens on small financial insti- Congress provided an exemption in growing businesses. tutions to ensure they can continue to the current law for captive finance af- With the Entity Definitions recently provide capital to small businesses in filiates so that when they hedge risks released by the CTFC—although not their communities. associated with providing loans to yet published in the Federal Reserve— The bill ensures that small financial their customers, they receive the same the CFTC took steps towards resolving and farm credit institutions will con- exemptions available to the parent the issues addressed by H.R. 3336. How- tinue to be able to provide swaps to company and other end-users. However, ever, it left some undone. Unfortu- their loan customers without being there is a lack of guidance in the nately, the current rule is silent on the considered or registered as swap deal- CFTC’s implementation of the exemp- commodity swaps for agricultural busi- ers. tion, leading to concern that these cap- nesses, is unnecessarily restrictive of I am pleased that the CTFC has come tive finance companies could be subject farm credit system institutions, and out with a ruling more favorable than to mandatory clearing requirements or applies arbitrary time restrictions on the original legislation, but I think it’s regulated as major swap participants. excluded swaps. important still to note that this bill There is bipartisan agreement that this H.R. 3336 would strengthen the rule ensures that the CTFC provides an ex- is not what Congress originally in- passed by the CTFC by expanding the emption from clearing for small finan- tended. scope of the exemption to protect the cial institutions that are hedging their H.R. 3336 will provide the needed way rural America has long done busi- own risks. clarification for our manufacturers and ness. The farms, ranches, and small I also want to thank my Illinois col- their captive affiliates. It does so while businesses in the district I represent league, Congressman BOBBY SCHILLING, also providing safeguards against have never been and never will be a for his work on this bill. He added a abuse. First and foremost, this only ap- part of the systemic failure of our fi- provision particularly important for plies to entities that use derivatives to nancial system. Neither they nor the companies like John Deere and Cater- manage their risks, meaning they can- small institutions that serve them pillar, which has facilities in my dis- not use derivatives to speculate. In ad- ought to be considered as a threat. trict. dition, these entities cannot engage in Today’s legislation is carefully tai- financing that does not facilitate the lored to ensure that we do not shackle b 1420 sale of their manufactured products. small businesses and family farms with Mr. PETERSON. Madam Speaker, The CFTC will have the authority to rules that ought to apply and are again, this bill clarifies what was the prevent affiliates from qualifying for meant to police the largest Wall Street original intent of the Dodd-Frank de- this exemption. banks. liberations. Some of what’s in this bill, Again, I appreciate the bipartisan na- I want to thank Ms. HARTZLER for I think, has already been resolved, but ture of providing certainty on this the work that she’s done on shep- there are some clarifications here. If

VerDate Mar 15 2010 02:14 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.031 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2099 there is duplication, it doesn’t do any The SPEAKER pro tempore. The the House of Representatives passed harm, so we support this bill and en- Clerk will report the motion. H.R. 4348, another surface transpor- courage that it be adopted. The Clerk read as follows: tation extension bill. I supported the I yield back the balance of my time. Mr. Rahall moves that the managers on House passage of H.R. 4348 as a vehicle Mr. LUCAS. Madam Speaker, I yield the part of the House at the conference on to go to conference on the Senate bill. myself the balance of my time. the disagreeing votes of the two Houses on I said then—taking Republicans at I think, as we’ve heard here today, the Senate amendment to the bill H.R. 4348 their word that they are serious about this piece of legislation is an effort, in be instructed to recede from disagreement to moving this process forward—passage the amendment of the Senate. a very bipartisan way, to address some of that short-term extension bill would of the issues in Dodd-Frank that need The SPEAKER pro tempore. Pursu- allow us to quickly convene a con- to be fixed. If you care about produc- ant to clause 7 of rule XXII, the gen- ference with the Senate on its bipar- tion agriculture, if you care about tleman from West Virginia (Mr. tisan, multiyear surface transportation Main Street business, if you care about RAHALL) and the gentleman from Flor- reauthorization bill, which passed with the people who work in the factories ida (Mr. MICA) each will control 30 min- the support of three-quarters of the that produce the products and do the utes. other body. The Chair recognizes the gentleman things that make this great economy A long-term bill will provide the cer- from West Virginia. tainty that States need to invest and move forward, then you’ll support H.R. Mr. RAHALL. Madam Speaker, I proceed with their plans long on the 3336. yield myself such time as I may con- It won’t affect the five biggest finan- books. It will provide the certainty sume. that highway and transit contractors cial institutions that do 96 percent of Madam Speaker, the long-term au- desperately need to give them the con- this kind of business, but it will help thorization of surface transportation fidence to hire that one more worker. the people who really toil and struggle programs expired on September 30, That is what surface transportation is every day to make a living. It will help 2009. Since that time, Congress has en- all about, putting Americans back to the small communities where those acted nine separate Surface Transpor- work and sustaining our economic good folks live. It’s a positive effort to tation Extension Acts, allowing us to competitiveness. address issues that have come to light continue limping along, patching to- in the course of the Ag Committee’s ex- If there are issues that we must gether our Nation’s surface transpor- change, we can address those through a haustive hearings. tation system. These short-term, start- I simply thank my colleague, Con- technical corrections bill that will and-stop Surface Transportation Ex- gresswoman HARTZLER, for working make the necessary policy changes to tension Acts are undermining our sur- diligently on this bill. I thank the improve the bill. That is not unprece- face transportation system. dented. We’ve done it before. ranking member and my colleagues. Running these programs through Let’s vote for H.R. 3336. Let’s try and There is nothing to prevent the Con- short-term extensions creates tremen- help the folks back home. gress from enacting S. 1813 and then dous uncertainty among State depart- With that, Madam Speaker, I yield continuing to work to develop further ments of transportation, public transit back the balance of my time. bicameral, bipartisan changes to fur- The SPEAKER pro tempore. The agencies, and highway and transit con- ther improve surface transportation question is on the motion offered by tractors that delay critical highway programs and policies. But American the gentleman from Oklahoma (Mr. and transit projects, costing good-pay- workers should not have to wait any ing jobs each step of the way. LUCAS) that the House suspend the longer as Congress searches for agree- With more than 2.5 million construc- rules and pass the bill, H.R. 3336, as ment. The time for political games is tion and manufacturing workers still amended. over. The question was taken. out of work, it is far past time for Con- So my motion is simple, very simple. The SPEAKER pro tempore. In the gress to enact surface transportation It instructs House conferees to agree to opinion of the Chair, two-thirds being legislation that will remove this uncer- the Senate bill. Enactment of MAP–21 in the affirmative, the ayes have it. tainty, create and sustain family-wage will put in place 18 months worth of Mrs. MALONEY. Madam Speaker, on jobs, and restore our Nation’s economic funding, provide state DOTs and public that I demand the yeas and nays. growth. transit agencies the certainty they The yeas and nays were ordered. That’s why I offer this motion today. need to advance projects, and provide The SPEAKER pro tempore. Pursu- We have an opportunity before us to contractors the certainty they need to ant to clause 8 of rule XX, further pro- move quickly to pass legislation that hire that one more worker. Out-of- ceedings on this question will be post- can remove this uncertainty and get work Americans simply cannot wait poned. America back to work. any longer. Over a month ago, the Senate passed f I reserve the balance of my time. S. 1813, known as MAP–21, by an over- Mr. MICA. Madam Speaker, I rise in MOTION TO INSTRUCT CONFEREES whelmingly bipartisan vote of 74–22. opposition to the motion to instruct ON H.R. 4348, SURFACE TRANS- Now, each of us in this body knows how and yield myself such time as I may PORTATION EXTENSION ACT OF difficult it is for the other body to consume. 2012, PART II agree on just about anything. But, un- Madam Speaker, I want to take a lit- Mr. MICA. Madam Speaker, I ask like the House, the Senate was able to tle bit of time to explain to you and unanimous consent to take from the come together to pass bipartisan legis- my colleagues and others who may be Speaker’s table the bill (H.R. 4348) to lation that will provide States with the listening to this debate about what’s provide an extension of Federal-aid certainty that they need to move for- happening now. The other side of the highway, highway safety, motor car- ward with highway and transit projects aisle has just offered a motion to in- rier safety, transit, and other programs and get Americans back to work. It is struct, and we’re going to conference funded out of the Highway Trust Fund time for the House, believe it or not, to on an important piece of legislation. pending enactment of a multiyear law follow the other body’s lead and pass S. That’s the transportation bill that sets reauthorizing such programs, and for 1813. the transportation policy for the other purposes, with a Senate amend- Certainly, S. 1813 is not the exact bill United States of America. ment thereto, disagree to the Senate that I would have written. However, For all of our transportation amendment, and agree to the con- the Senate bill is a dramatic improve- projects, those projects that would be ference requested by the Senate. ment over what House Republicans eligible, we identify the terms of par- The Clerk read the title of the bill. proposed in their now-dead partisan re- ticipation for States and local govern- The SPEAKER pro tempore. Is there authorization bill known as H.R. 7, ments and everyone who is going to re- objection to the request of the gen- which was reported by the Transpor- ceive Federal funds for transportation tleman from Florida? tation and Infrastructure Committee, projects. So all of that is very impor- There was no objection. but never acted upon by the full House. tant. Mr. RAHALL. Madam Speaker, I Last week, in an effort to facilitate a It is important that we put people to have a motion at the desk. conference with the Senate on MAP–21, work. When I go back home, I talk to

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.033 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2100 CONGRESSIONAL RECORD — HOUSE April 25, 2012 people who lost their house, lost their mittee for some 18 hours, most of the there is one thing we can all agree job, and they want an opportunity to time consumed not with Republican upon: America is falling apart. work. And you heard that, in fact, amendments but with Democrat Our Nation’s infrastructure, accord- there have been nine amendments since amendments, over a hundred Democrat ing to two reports from commissions the bill expired, and six of those exten- amendments, and I said we’re going to that met during the Bush administra- sions were passed under the Democrats. sit there as long as it takes and give tion when the Republicans controlled I’ve had to do three. everyone an opportunity to participate the House, the White House, and the They had complete control of the in this free and open process, which we Senate, came to the same conclusion: U.S. House of Representatives, the are doing here. Today they propose we are vastly underinvesting in our na- United States Senate, and the White closing down that free and open proc- tional transportation infrastructure. House, and still had to pass six exten- ess. Let’s just adopt what the Senate We’re not even spending enough to sions. Then I learned from our staff tossed over to us. bring the Eisenhower-era investments that they did not pass a single free- I say ‘‘no,’’ and I say ‘‘no’’ for a up to a state of good repair: 150,000 standing extension. whole host of reasons. The Senate pro- bridges need repair or replacement; 40 percent of the pavement on the Na- b 1430 posal is a proposal that will bankrupt the trust fund. The Senate proposal is tional Highway System needs to be Before we left for Easter, I passed a a path to just building paths, to resur- substantially rebuilt, not just paved freestanding extension to get us so facing, to short-term jobs, not answer- over; and a $60 billion to $70 billion that we wouldn’t close down jobs, that ing the call of the people who sent us backlog on critical capital investments we wouldn’t stop contracts, that we here to make certain that their trans- for our legacy transit systems across wouldn’t stop people working. Now portation money, when they go fill up America. they’re asking us to take the Senate their gas tank, pay for 1 gallon of gas, The good news is, if we make these carte blanche, a proposal which was 18.4 cents comes to Washington in the investments, we’ll put millions of peo- ple to work—and not just construction adopted by the Senate—not a total trust fund, and we spend it. That’s workers, not just engineers, manufac- vote, but it was a bipartisan vote—and what this sets the policy for, what’s el- turing steel for the bridges, manufac- just adopt it in their motion to in- igible for receiving those Federal dol- turing for light railcars, for streetcars, struct. lars. first Made in America streetcars in 70 Now, Madam Speaker, I just got But we’ll just forget there’s a House years being produced at Oregon Iron through explaining the Constitution to of Representatives and cast that body Works, and the components sourced a wonderful group of young people from aside. I think not. the Stetson Baptist Christian School in I think even an eighth-grader from from 24 States in the United States of America. DeLand, Florida, on the steps just a one of my schools at home can figure We have the strongest buy America few steps from here—right out that this out, Madam Speaker, and I just requirements in our transportation door and down those steps—and they can’t agree with this motion to recom- stood there. I explained to them that sector, and I hope that we can agree, as mit. we move forward through this con- the Founding Fathers created two I reserve the balance of my time. ference, to strengthen those even more Houses. The first body that they cre- Mr. RAHALL. Madam Speaker, I so we don’t leak these precious tax dol- ated, most importantly, the Congress yield myself 1 minute. lars and jobs overseas like we do in so of the United States, a legislative In order to respond to the distin- branch with a House and, yes, young many other ways. guished chairman, that’s funny, and I Now, I understand the reluctance of people and teachers and chaperones appreciate the history lesson he’s just the majority, and they will prevail that were listening, and I said also given us on legislation in this body. here today, to say, Let’s do the Senate with the Senate. It’s funny, while you were speaking to bill now and move on. Let’s put people They did that because they wanted students from your district, I was just back to work starting next week. But all of those opinions to come together speaking to students from my district I’ve got to caution the majority. They and they wanted us to work, again, in outside on the Capitol steps as well. will prevail today, but these temporary a bipartisan fashion to come up with They happened to have been from Web- extensions are costing us jobs. They the best possible solution. Yes, they’d ster Junior High School from Webster aren’t status quo, let’s just extend 90 operated with Articles of Confederation Springs, West Virginia. days and 90 days. with a unicameral government, but I explained to them the process that We are getting substantiated reports last time I checked down the hall, I we’re in right now going to conference from the 50 States that they are delay- think if we open those doors and look on the transportation bill, how the ing or cancelling transportation invest- down there, there is the United States other body had passed in a bipartisan ments and projects for this construc- Senate, and this is the people’s House fashion, the other body who can rarely tion season because of the uncertainty of Representatives. agree on anything, including a resolu- about Federal funding. Time is of the I also explained to the students, this tion saying ‘‘I love mother,’’ but here essence here. is the only body in which the Members they came together and passed a bill In the northern tier States, we’ve got actually have to be elected. Everybody with 72 votes in a bipartisan fashion. I to get this bill done before we take— else can be appointed. The Senators had explained to them briefly what the well, we’ve got a break next week, then can be appointed. The President, actu- other body’s bill did and what our bill we’re back, I think, for 7 legislative ally you could replace him by appoint- did. That’s funny. They were all nod- days, then we’ve got a break the next ment, the Vice President. But the only ding in agreement. They all said we week, then we come back for another 7 Federal representative that they have ought to accept the Senate bill; go for legislative days, then we’ve got a 10- is the House of Representatives. the Senate bill. day break after that. But what they want to do is cast the So I guess the point I’m making is We’ve got to squeeze in a little legis- participation of the House of Rep- that we all know how this place works. lative work between these breaks. I be- resentatives aside and just adopt what We all know the difficulties in getting lieve that if we’re determined that we the Senate has brought forward. I tell something through the other body can begin the conference as soon as we you that the House has worked hard. where, like it or not, the Framers of are appointed, and we could have this Now, I didn’t have the benefit of 6,300 our Constitution set it up so that the done no later than May 15 before we earmarks, which my predecessor had, minority in that body has the power. begin, two breaks from now, another to pass a bill, so it’s taken me a little Madam Speaker, I yield 3 minutes to break. So we’ve got to stop taking bit longer, and a few days ago we did the distinguished gentleman from Or- breaks and give the American people a pass a bill. It wasn’t a bill that we egon (Mr. DEFAZIO), the ranking mem- break and put them back to work. passed out of committee, H.R. 7, with ber on our Highways and Transit Sub- Make the investments they know we all the Republican votes but one, and committee. need in our Nation’s infrastructure. we tried to bring to the House. It Mr. DEFAZIO. In a bitterly divided I urge support for the ranking mem- wasn’t the vote that we heard in com- Congress along partisan lines, I think ber’s position.

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.035 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2101 b 1440 duced came from the other side. I un- some of the people some of the time, Mr. MICA. Madam Speaker, I am derstand there were hundreds of letters but you can’t fool all of the people all pleased to yield 3 minutes to the gen- from Democratic Members and that 60 of the time. Pass the Senate bill. tleman from Tennessee, who also percent of what was requested in those Mr. MICA. Madam Speaker, I am chairs the Highways Subcommittee, letters was done by the committee pleased to yield 21⁄2 minutes to a gen- Mr. DUNCAN. staff. Then there were over 100 amend- tleman who has authored one of the Mr. DUNCAN of Tennessee. I thank ments. major amendments to the legislation Chairman MICA for yielding me this The SPEAKER pro tempore. The that passed, the gentleman from Wis- time, and I especially thank him for time of the gentleman has expired. consin (Mr. RIBBLE). his long and hard work on this legisla- Mr. MICA. I yield the gentleman an Mr. RIBBLE. I am struck here this tion. He has raised several points, additional 30 seconds. afternoon. I’ve heard my good friends Mr. DUNCAN of Tennessee. We start- Chairman MICA has, as to the problems on the other side of the aisle and their that this motion to instruct would ed our markup at, I think, 9 o’clock in concerns. I think it’s legitimate that cause, so let me just mention a few the morning, and we went until about 3 they would like to see long-term cer- things. o’clock the next morning. We addressed tainty in our infrastructure system. This motion to instruct conferees to over 100 amendments that were sub- Yet, when the highway bill ended in accept the Senate bill in its entirety is mitted by Democratic Members, and I 2009, they controlled the White House, contrary to the purpose of having a think over 20 of them were put into the the House of Representatives and the House and Senate conference. It is our bill. So many things were put in by the U.S. Senate. While in the majority of responsibility to sit down with our other side before the bill ever was all three levels of government, they Senate colleagues and address areas marked up, and then during the mark- chose to extend the transportation au- where we have differences of opinion. up. Now we’re supposed to do away thorization six times. So here we are, More importantly, the Senate bill in- with all of that and just go with the once again, with another delay tactic, cludes provisions that many people Senate bill, but I don’t think that’s the letting the American people wait some have serious concerns about. way we should do it. I urge my col- more. They know that this motion to For example, the Senate bill requires leagues to oppose this motion. instruct is not going to go anywhere Mr. RAHALL. Madam Speaker, I that all new passenger vehicles, begin- because there are important reforms yield 2 minutes to our distinguished ning in 2015, be equipped with an event that the American people have told us ranking member of the Subcommittee data recorder. These recorders are they want. on Railroads, the gentlelady from Flor- similar to the black boxes required on One of those reforms is my amend- ida, Ms. CORRINE BROWN. airplanes. While the intent of this pro- Ms. BROWN of Florida. I thank the ment, which is part of our bill that vision is to collect safety information, Members of the House. streamlines the redtape. Why in the many people think this is a slippery Madam Speaker, let me just say, in world should we take 15 years to get a slope that we really don’t want to go having served on the committee for 19 highway project finished? It’s because down. Privacy is a big concern for years, it is the House bill I am very dis- we’re waiting two-thirds of the time to many of my constituents and for many appointed with. Secretary LaHood get approvals done. It’s nonsensical, people across this country, and this stated it best: it’s the worst bill he has yet we keep on promulgating the same provision, many people feel, would seen in 35 years. Of course, it’s the problem over and over and over again. cross the line of Federal intrusion into worst bill I’ve ever seen. I sat through It’s like Groundhog Day here. I have to citizens’ personal, or private, lives. that markup from 9 o’clock in the tell you, Madam Speaker, it gets frus- There are also other areas where the morning until 3 o’clock in the morning, trating after a while. Senate bill does not go far enough. and it was a nightmare, since many of We need to get on with this and move We’ve talked about environmental the proposals dismantle transpor- forward with something. Let’s get this streamlining for years, but everyone on tation. into conference so that we can go both sides of the aisle knows we need I can truly say that people come to ahead and make our reforms. The to really do something about that now this floor often raving against the Sen- American people have spoken. They because other developed nations are ate. I now say thank God for the spoke in the last election. They de- doing projects in half the time or less United States Senate because they cided that they wanted a split govern- than we are. In the last two Federal have come up with a commonsense bill ment, that they wanted the majority highway studies, one showed it took 13 that we can fund and pass—and go over here in the House and a different years and another said it took 15 years home. It’s a bill that would fund trans- majority in the Senate. That was their from conception to completion. These portation and really put about 2 mil- choice. The way a bill becomes law is are not transcontinental highways. lion people to work. We have many that the Senate does its thing and then These are just relatively short highway projects in the Florida area that could we do our thing, and then we come to- projects, and we could be doing those benefit from our passing comprehen- gether and negotiate in between to find in 6 or 7 years. sive transportation, but more than the best common ground for all Ameri- The Senate bill does not set hard that, we have such a high unemploy- cans. That’s what we plan on doing deadlines for Federal agencies to ap- ment rate in Florida—9 percent—that here. prove projects, so they can be delayed every $1 billion we spend in transpor- I very strongly urge my colleagues to and delayed and delayed. It does not tation will generate 44,000 permanent vote ‘‘no’’ on this motion to instruct. allow State environmental laws to be jobs. Let us get to conference with our re- used in place of Federal environmental In talking about rules and regula- forms and with the House-passed legis- laws. There are some States in which tions, visiting us today in the Capitol lation, the bipartisan House-passed leg- the State laws are better. The Senate is the Hawk family, whose daughter islation. Let’s get on with it so that we bill does not expand the list of projects was killed because of pollution. When can get some certainty put back into that qualify for categorical exclusions. we talk about regulations, surely we’ve this. The Senate bill does not expedite got to strike a balance. We have regu- Mr. RAHALL. Madam Speaker, I am projects that are being rebuilt due to a lations for a purpose. When we raise honored to yield 2 minutes to the gen- disaster, such as the bridge on Inter- our hand to defend and protect the pub- tlelady from Texas, a valued member state 35 in Minnesota, which was done lic, we’re talking about the Constitu- of our committee, Ms. EDDIE BERNICE so quickly to everybody’s great relief. tion, but we also have a responsibility JOHNSON. These are issues not addressed in the to make sure that we protect the pub- Ms. EDDIE BERNICE JOHNSON of Senate bill, issues which could be ad- lic and have a balanced approach and Texas. Let me thank my ranking mem- dressed in the conference. There are not destroy all of the regulations per- ber and chair of the Transportation also many other issues that Chairman taining to the environment, which is and Infrastructure Committee. MICA has pointed out. what the House bill did in the markup. I rise in support of the provisions in- Let me just say that much of the We can go on and on, but let me just cluded in the Senate version of the re- highway bill that the House has pro- tell you as I close that you can fool authorization. It was my hope that we

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At a time when federal tainty to the State departments of resulted in over $6.5 billion invested in funds are increasingly limited but needs are transportation, to transit agencies, and infrastructure projects throughout In- growing exponentially, the last thing Con- to contractors, which will help create diana. After 30 years of planning, Inter- gress should do is tie the hands of governors and sustain jobs for out-of-work Ameri- state 69 in my district is being built and mayors by limiting the options available cans. connecting Evansville, the third larg- to them. est city in the State, to Annapolis. Public private partnerships are not the so- 1450 b The Indiana toll road is a perfect ex- lution to every state’s transportation fund- Most of the roads and bridges in this ample of how business and government ing challenges, but they are certainly a piece country are in serious disrepair, and of the solution. can work together to address Amer- Our own experience with public private States and municipalities are unable to ica’s infrastructure needs. The Binga- partnerships in infrastructure investment address these needs with piecemeal ex- man amendment ignores these types of convinces us that the private sector is look- tensions. successes, and rather than rewarding, ing for such long term stable investments The Senate bill preserves transit States are putting the American tax- and that these partnerships must be a viable funding and continues funding major payer first and pursuing alternative option for helping to fund our transportation transit programs from the highway funding for roads. It will punish a needs. trust fund. I was very concerned with We urge you to protect the ability of states State and take away portions of their seeking creative solutions to transportation the elimination of transit funding in- Federal funding. Under the Bingaman funding challenges, rather than creating cluded in the House version. Transit amendment, Indiana would lose $72 roadblocks to leveraging state dollars with funds are essential to both urban and million. Nevada, I should point out, private investment. rural areas by providing alternative will lose $66 million. Sincerely, transportation, easing congestion, and In these challenging fiscal times, MICHAEL R. BLOOMBERG, reducing emissions. In addition, I sup- public-private partnerships represent Mayor, City of New port the expansion of the TIFIA pro- an exciting option to many States to York. gram to $1 billion annually, and the better leverage their Federal transpor- ED RENDELL, Former Governor, modifications that make it easier for tation dollars. Congress should take State of Pennsyl- public transportation agencies with positive steps to encourage innovative vania. dedicated revenue sources to apply for financing strategies like public-private MITCH DANIELS, TIFIA loans. partnerships rather than penalizing Govenor, State of Indi- Madam Speaker, we are currently op- them. The only way to fully address ana. erating under the ninth extension of our Nation’s infrastructure needs is to Mr. RAHALL. Madam Speaker, I SAFETEA–LU. This really is unaccept- involve the private sector. The Federal yield 2 minutes to our distinguished able, and we owe it to the American Government can’t do everything. ranking member on the Water Re- people to address our crumbling infra- BUILDING AMERICA’S FUTURE, sources and Environment Sub- structure and to get them back to APRIL 16, 2012. committee, the gentleman from New work. Hon. JOHN BOEHNER, York (Mr. BISHOP). I voted for the most recent extension Speaker, House of Representatives, Mr. BISHOP of New York. I thank of SAFETEA–LU, but for the purpose The Capitol, Washington, DC. Mr. RAHALL for yielding. of getting to where we are now, so we Hon. NANCY PELOSI, Madam Speaker, I rise to speak in could get to conference and consider Minority Leader, House of Representatives, The Capitol, Washington, DC. support of the motion to instruct con- the Senate amendment to H.R. 4348 in DEAR SPEAKER BOEHNER AND MINORITY ferees. This motion would direct con- conference. I implore my colleagues to LEADER PELOSI: In order to remain economi- ferees to adopt the Senate bill, MAP– support the instructions to put the cally competitive, the United States must 21, which I introduced as H.R. 14 in Senate transportation bill before us in have a modern 21st century transportation March. This legislation can provide conference so that we can bring it to system. Goods must move efficiently to mar- State DOTs, transit agencies, and con- the floor. ket and people must reliably get from their tractors with the certainty they need Mr. MICA. Madam Speaker, I yield 2 homes to their jobs or schools. However, as you are keenly aware, trans- to create and sustain jobs for the thou- minutes to one of the outstanding new portation-funding shortfalls are increasing sands of Americans who are still out of members of the Transportation and In- at all levels of government, and traditional work as a result of the economic down- frastructure Committee, the gen- funding sources are no longer keeping pace turn. tleman from Indiana (Mr. BUCSHON). with rapidly growing needs. As a result, MAP–21 not only passed overwhelm- Mr. BUCSHON. Thank you, Mr. states and cities have had to increasingly ingly in the Senate with a bipartisan Chairman. look to innovative solutions, such as majority of 74–22, but the Senate bill is Madam Speaker, I rise today in oppo- partnering with the private sector (where ap- fully paid for and will save an esti- sition to this motion to instruct. The propriate) in an effort to modernize their transportation networks. Now is surely not mated 1.8 million jobs and create up to House needs to conference with the the time to restrict the ability of states and 1 million additional jobs when imple- Senate and craft a long-term highway cities to innovate. mented. During a weak economic re- bill. Yet, that is precisely what happened with covery looking for a jump-start, this is In MAP–21, the Senate bill, there is a the inclusion of several harmful provisions precisely what we need to do. provision that was offered by Senator in the Senate’s transportation bill (MAP–21). Given that H.R. 4348 is merely a 90- BINGAMAN that provided disincentive to We are particularly concerned about lan- day extension of highway programs at States and cities to consider guage that provides a disincentive to states current levels with a few policy addi- and cities to consider partnering with the partnering with the private sector for private sector for fear of losing a percentage tions, we could put the construction in- fear of losing a percentage of its Fed- of its federal funding; eliminates the option dustry back to work that much faster, eral funding. This is only one of the to use Private Activity Bonds (PABs) to fi- given that the construction season is many problems I have with the Senate nance leased highway projects; and changes in full swing if this motion to instruct bill. the depreciation timetable for longterm is adopted. In my State of Indiana, Governor highway leases from 15 years to 45. Taken to- MAP–21 has the support of three- Daniels made the bold move to enter gether or individually, these provisions quarters of Congress, Senate Demo- into a public-private partnership for would have a chilling effect upon future pri- crats, Senate Republicans, House the Indiana toll road. Indiana received vate investment in infrastructure, perhaps Democrats; it has the support of the even bringing it to a complete halt. over $4 billion up front for the lease of As the House continues to work on its White House. It’s time that the House this road. When the Governor an- multi-year transportation bill, we urge you Republicans got on board with job cre- nounced this public-private partner- not to include any provisions that would ation instead of fighting it. Americans

VerDate Mar 15 2010 02:21 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.038 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2103 want safe roads and bridges; but, above School coordinator. Like I said, those utes remaining, and the gentleman all, they want jobs. are things I don’t believe belong in this from Florida has 121⁄2 minutes remain- The Senate passed the biggest job- bill. ing. creating bill in this Congress by an Further, the Senate bill fails, or it Mr. RAHALL. I have the right to overwhelming bipartisan margin. The creates, actually, a national freight close debate? House has done nothing. Let’s get this program adding to bureaucracy at The SPEAKER pro tempore. The gen- country moving again by passing the PennDOT. The new freight program al- tleman is correct. Senate bill so the President can sign it. lows States to use up to 10 percent of Mr. RAHALL. I reserve the balance Let’s create jobs. Let’s Make It in their appropriated funds for freight rail of my time. America. projects, which means less money for Mr. MICA. Madam Speaker, I am I urge my colleagues to support this highways and bridges. I’m an advocate pleased to yield 2 minutes to one of our motion to instruct conferees. for rail in this country. I don’t believe star new members of the committee, Mr. MICA. I yield 31⁄2 minutes to the that Class I’s would want anything to the gentleman from New York (Mr. chair of the Rail Subcommittee, the do with this because every time they HANNA). distinguished member of our Transpor- have got involved with Federal money, Mr. HANNA. I thank the gentleman tation and Infrastructure Committee, it takes a lot longer and it’s a lot more from Florida. the gentleman from Pennsylvania (Mr. expensive. I don’t even believe that the I rise in opposition to the motion to SHUSTER). Class I’s would embrace a program like instruct. Mr. SHUSTER. I just want to remind this that the Senate is putting forward The House has developed some of the my colleague from New York, as he is out there. The Federal regulatory pro- strongest policy reforms in decades. I, walking off the floor, that it was the visions for passenger rail providers in- for one, am not ready to give them up. Democratic-controlled Congress that clude rail authorities that are intended I thank Chairman MICA in particular was unable to pass a transportation to stifle competition. Once again, for his leadership to streamline project bill when they had control of this body there’s private sector initiatives going delivery. It shouldn’t take 15 years to for the past couple of years. on all over this country when it’s com- finish a project. Our bill streamlines Today, I come to the floor in opposi- ing to commuter rail. the permitting process so that they can tion to the motion to instruct; and, Another thing, positive train con- be done concurrently, instead of con- quite frankly, I’m surprised, I’m trols, the Senate doesn’t push that secutively. This is good policy and shocked, I’m stunned that my col- back. We found the technology is not something worth fighting for. We can leagues on the other side are willing to there; it’s not right. We don’t have it. cut this time in half—and we should. take up a Senate bill which is a bad bill You can’t use alternative forms of safe- I also worked on two other provisions and, in fact, there’s a couple of provi- ty devices when it comes to positive that simply aren’t addressed in the sions in there that I would think the train control. Senate bill: ranking member of the full committee In addition to that, in Pennsylvania, One addressed the use of engineering and the ranking member of the Rail- Pennsylvania, New Jersey and Dela- services. Specifically, it calls for road Subcommittee would embrace. ware, SEPTA, they are going to have States to utilize private sector engi- There is a coal ash provision in there to spend half of their capital money, neering firms to the maximum extent which is going to be good for coal in half of their capital dollars, to put possibility. State DOTs should stream- West Virginia, so that is something I positive train control in place. This is line their operations and reduce over- would hope that we would embrace going to cause even the trains in New head so more money is going to put going to conference, to come out and Jersey and the Philadelphia area to be shovels in the ground, not to bureauc- save those jobs in West Virginia, create less safe because they are not going to racy. more jobs. be spending on fixing their rolling The second provision would create re- Then, of course, the gentlelady from stock and rehabilitating their rail gional planning organizations to give Florida, she embraces the Senate bill, lines. small communities a seat at the table, which is going to be a disincentive for b 1500 which is something they don’t have private money. It’s my understanding now. The rural areas I represent face that Florida is a leader when it comes So this bill, again, falls far short of stiff competition for limited Federal to working with the private sector to any kind of reforms we need, as well as dollars, and they deserve their fair build infrastructure. Why in the world the Railroad Rehabilitation Improve- share. But this reform, too, is absent would we want to have a disincentive ment Financing fund, which is a loan from the Senate bill. out there for public-private partner- program to tap into $35 billion. Let’s work with the Senate to get The SPEAKER pro tempore. The ships when Florida will benefit might- these and other good ideas from both time of the gentleman has expired. ily from it? Again, as I said, I’m Mr. MICA. I yield the gentleman 30 sides included in a final bill. Madam stunned that we’re standing here today additional seconds. Speaker, we should embrace this proc- with this motion to instruct. Mr. SHUSTER. Now, that’s the kind ess to make a positive impact on the The Senate bill fails to make real re- of reform we need to see, not forcing Senate bill. forms, continues the transportation en- States to spend 10 percent in freight I urge my colleagues to oppose the hancement and safety routes, the rail projects, but let’s let them tap into motion to instruct. school programs that mandate bike this RRIF loan program and make it Mr. RAHALL. I continue to reserve paths and roadside flowers and ‘‘walk- easier. the balance of my time. ing school bus’’ programs. You would The way our bill and our reforms are, Mr. MICA. Madam Speaker, I am think that the people in Pennsylvania, it would make it much easier for the pleased to yield 3 minutes to one of the Florida or West Virginia didn’t love Class I’s, and especially the short lines, senior members of the Transportation their kids enough that they wouldn’t to be able to invest those dollars at low Committee, the gentleman from Cali- be able to instruct them on their own interest rates and improve the freight fornia (Mr. GARY G. MILLER). how to go to school safely. rail system in this country. Mr. GARY G. MILLER of California. Also, the people in Pennsylvania, we Again, I’m stunned that my col- Thank you, Mr. Chairman. need to spend that money—not on bike leagues wouldn’t support these what I What’s interesting about the debate paths, although I love bike paths, I consider to be groundbreaking reforms is, if the Senate bill is good, you’re have got a few of them in my district— that will allow us to spend more money going to appoint conferees, argue for but the time we face today should be on building roads and bridges. the Senate side—you don’t have to in- focused on repairing those bridges With that, I urge a rejection of this troduce a bill here in the House—and when Pennsylvania has over 5,000 motion to instruct. expect us to accept it when we haven’t bridges that are in desperate need of Mr. RAHALL. May I inquire as to the read it, we haven’t debated it. It came repair. Again, the Senate bill continues time remaining? to the floor without any discussion on to mandate that they hire a bike/pedes- The SPEAKER pro tempore. The gen- our side. So when we go to conference, trian coordinator and a Safe Routes to tleman from West Virginia has 16 min- if you like the Senate provisions, if you

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.040 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2104 CONGRESSIONAL RECORD — HOUSE April 25, 2012 like a 2-year bill when we’re going to for a process for approval, it goes house downtown, what do they call it? fight for a 5-year bill, you’re welcome through an uncertain time process The White House. But they controlled to ask for that. where they can delay and delay and them all, all the branches, and they But there are some things in the Sen- delay. We’ve said, thanks to the chair- couldn’t git ’er done. ate bill that really bother me. You had man, that there’s a date certain. Now So, the Senate bill does not set a the Senate side say and guarantee the Federal Government has to respond threshold on some of these environ- there were no earmarks in this bill. by a date and has to approve it by a mental approvals that tie us up. And Well, if you look at what Senator REID date. no one wants to step over any good en- has done, in the 2005 SAFETEA–LU, The SPEAKER pro tempore. The vironmental provisions. What we want the House put out a $45 million request time of the gentleman has expired. to do is shorten a little bit the time for a project that was considered a Mr. MICA. I yield the gentleman an that these things go under consider- legal earmark at that point in time. additional 30 seconds. ation. They go on and on. You heard What Mr. REID has done is he has re- Mr. GARY G. MILLER of California. Mr. RIBBLE talk: 15 years to approve appropriated that project to a $45 mil- Thank you, Mr. Chairman. some of the projects in his district, 7 lion project near the Las Vegas airport. I think Chairman MICA did a great years on average for simple processing Now, it’s nice that the Senate wants job putting the language into the bill, if the Federal Government gets in- to make promises, but actions speak a because it says you have to know when volved. And we keep repeating the lot louder than words. And when the you can do something based on the same thing. You heard the speaker say actions of the bill state clearly that $45 Federal process and it sets a deadline it’s like Groundhog Day around here, million of House money authorized in for the Federal bureaucrats to get their and we’ve got to stop the Groundhog 2005 is being transferred to a project in job done. Day, and we could do that by having Las Vegas in a bill—and it’s 2012— Now, it seems like local governments the House provisions adopted. something inappropriate about that and State governments are rapidly There are a whole host of things promise seems to occur. wanting to do things and the Federal wrong with the Senate bill, and I won’t I really appreciate the chairman put- Government drags its heels, requiring get into them. And I know it’s been a ting language in our original bill on en- them to delay until they get final ap- bumpy road to get here. I’ve told folks vironmental streamlining. I think he proval. We’re saying, no, let’s set a that when I became chairman—and I did a great job on this. But when I date for the Federal bureaucracy to ap- think the ranking member, when he be- wrote the bill, the language was very prove a project—and I know you agree came ranking member, neither of us clear on what we were trying to do. with this issue on your side—to let the was handed an operating manual. So In 2005, authored language in TEA– construction projects go forward and this has been a bumpy road to get here, LU said if a State has an environ- make sure bureaucrats do their job. I and it is a difficult process, but we mental process that meets or exceeds approve what Chairman MICA is willing tried to include everyone in that proc- Federal environmental law, they don’t to do and wants to do here. ess and come up with the best sugges- have to go through a duplicative proc- Mr. RAHALL. I continue to reserve tions and recommendations. ess, and it allowed five States the op- the balance of my time. Mr. RIBBLE’s amendment, which is to portunity to participate in that. But Mr. MICA. Madam Speaker, at this streamline provisions of H.R. 7, is ex- one State took advantage of that: the time I have no further requests for cellent. Well, we’ll get more for less, State of California. To this date, it’s time, and I yield myself the balance of and we can do it responsibly. Mr. BOU- saving 17 months on process time—just my time. STANY from Louisiana’s amendment application—and it’s saving 30 months I started out talking about how it’s getting the Highway Maintenance on delivery time. important for the legislative process to Trust Fund to get funds that are col- What we tried to do in the House bill properly be fulfilled under the terms of lected for improvement of the ports— was the same thing. We’re saying: the Constitution and separation of re- actually they improve our ports that Allow environmental reciprocity. But sponsibilities in the legislative body. are so important to infrastructure. So we want to go beyond that. We want to This motion, of course, would close all there are many good provisions in our say not only should States be allowed of that down. We’d accept what the legislation. It’s not what I would have to do that, but allow local municipali- Senate has done without all of the exactly crafted or passed in the very ties and counties to do the same thing. work many Members have put into it. beginning or brought out here, but it is They can save 17 months on process, 30 And I didn’t go to Webster Springs, but a vehicle so that everybody can have months on delivery. Today, time equals I did go to Beckley, West Virginia, consideration who has participated in dollars. Plus, if you can create the where we held the first meeting to this process. projects today, we’re going to move the allow the other side of the aisle to So I submit to you, although it’s economy forward in a positive direc- present at the very first of these delib- been a bumpy road with some twists tion and create some jobs. erations their viewpoint and their rec- and turns—we didn’t expect that the But there’s other things we need to ommendations for trying to pass a Senate bill is a path to fewer jobs; it’s do. long-term transportation bill. a path to fewer projects actually get- Receiving grants: Current law says We took many of those—as you ting done. It’s a path to build only that if a State or municipality applies heard, 60 percent of the recommenda- paths, if you want to look at it that for a Federal grant, they can’t start tions form the other side. We took 100 way. Unfortunately, it’s also a path to the project until the grant money is re- amendments, considered them, and a dead end for transportation. ceived by the municipality or the agen- passed 20 during 18 hours of marking up So, I submit, Madam Speaker, that cy. What we’ve done is say that once and considering the bill. So we’ve tried we take a different road, that we take you have been approved for the grant, to make this a bipartisan process and a a road to where we’ll have more jobs. if you want to start the project, now full process that everyone gets to par- We could do more with less, and we start the project and you can reim- ticipate in. But now they’re here tell- can, I think, do a lot more for the burse yourself when the grant funds ing us that we don’t want the House to American people in a very difficult come in. You might save 12 months participate any further, and just take time in our history in moving this alone waiting for a grant to come in the Senate bill and go along. great country forward and building our from the Federal Government; where- infrastructure. by, you can start today using local b 1510 With that, I’ll yield back the balance agency funds or State funds and get Now they, of course, passed six exten- of my time. your money back when this money sions, short term, keeping things in Mr. RAHALL. Madam Speaker, I comes in from the grant project. turmoil during—I think we calculated yield myself the balance of my time. We need to establish some certainty about 14 months. I’ve had to do three in Madam Speaker, as I said in my on when you can start a project. The about the same period of time. The dif- opening comments, the Senate bill, problem we have is, when applications ference is, I didn’t have 6,300 earmarks, MAP–21, is not the perfect bill. It’s not are made to the Federal Government I didn’t control the other body or that the bill I would have written had I had

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.041 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2105 my druthers. And yet I hear several of way in which earmarks were done, I fully pays for the bill, fully pays for my colleagues on the other side saying cleaned up the process. I think ear- the bill—by providing approximately how stunned they are that I am not for marks, there can be bad legislative ear- $9.6 billion in new revenues into the the House bill and that I would be here marks and bad administrative ear- highway trust fund. marks. When they’re done behind offering a motion to accept, carte b 1520 blanche, the other body’s bill. closed doors, they’re not properly vet- I’m sure those Members know how ted, they’re not transparent, and they This amount will fully pay for high- this process works, and before I just haven’t had the sunshine, the anti- way, transit, and highway safety pro- give them a brief lesson on that, let me septic sunshine to let people know grams authorized by the bill, and it repeat my words again from my open- what’s going on and they’re not a will allow DOT to maintain a positive ing comments: that the other body’s worthwhile project that has true sup- balance in both the highway and tran- bill is not perfect. If there are issues port, they shouldn’t be considered, sit accounts of the highway trust fund that we must change, we can address whether by the administration or legis- at the end of the bill. those through a technical corrections latively. I think that we have a mora- The bipartisan offsets do not add to bill that will make the necessary pol- torium now, and I’d like to see a dif- the deficit because the general fund of icy changes to improve the bill. This is ferent way to present those requests. I the Treasury is also made whole for not unprecedented. We have done it be- think fundamentally under Article I of every dollar that’s transferred into the fore, I would say to my stunned col- the Constitution, I think it’s section 2, highway trust fund. leagues on the other side of the aisle. we should, as the House of Representa- So as I conclude, let me say that for So there is nothing to prevent Con- tives, and we do earmark, even if we these reasons I urge adoption of this gress from enacting S. 1813 and then just put one line in that says that we’ll motion. continuing to work to develop further turn all this money and responsibility Mr. MICA. Will the gentleman yield bicameral, bipartisan changes to fur- over to the administration—that is an for one question? ther improve our surface transpor- earmark. But we can do, and we should Mr. RAHALL. I yield to the gen- tation programs and policies. But the do better. tleman from Florida. bottom line here, the bottom line here Mr. RAHALL. I appreciate the gen- Mr. MICA. Last week, I think it was, is that our American workers should tleman’s response. Perhaps we ought to you had come to the floor and asked not have to wait any longer as Con- start drafting such a letter and see how me to sign a letter to the Speaker to gress searches for an agreement. The far we get. appoint conferees and to go to con- time for political games, the time for But let me conclude my part of the ference. That’s correct? adding stuff to score political points, is debate here, Madam Speaker, by reit- Mr. RAHALL. Correct. erating what my motion is. It’s simple, over. Mr. MICA. And then we signed that I would say, in addition, to my dis- it’s pure, it’s clean, and it’s straight- and we sent it to the Speaker. It has tinguished chairman from Florida, he forward. It instructs our conferees that gone to the Speaker. So now we’re appears to blame part of his problems, we are appointing today to agree to the doing that, and now you’re asking me Senate bill. headaches, and troubles on his side of to go to conference and roll over and That bill, known as MAP–21, provides the aisle on the fact that we no longer play dead? a total of $109 billion in funding for fis- have what are known as earmarks. Mr. RAHALL. No, I’m not asking you cal years ’12 and ’13 for Federal high- to roll over and play dead. I’m saying Now, it seems to me his suggestion is way, highway safety, and public trans- that we reinstate that process known that we ought to go to conference, ac- portation programs. cept the Senate bill. We can come as earmarks whereby we, in this body, Among its other features, it con- if it’s so concerned about Members of back, as I’ve said now for the third or tinues current funding levels, it sus- fourth time, and enact a technical cor- the House having a say and doing our tains approximately 1.9 million jobs on constitutional jobs, where we would rections bill if there is something that an annual basis, it provides continued we see in there that is drastically bad. have a legitimate input into the mak- dedicated financing for public transit ing of transportation policy by decid- Mr. MICA. Will the gentleman yield? from the highway trust fund—no more Mr. RAHALL. I yield to the gen- ing those local projects that are best ‘‘go fish’’ with general appropriators on tleman. for our people, rather than leaving a yearly basis for our transit agencies. Mr. MICA. I thought this motion to them to bureaucracies or to Presidents It continues and expands upon provi- recommit was to accept the Senate po- of the United States, regardless of who sions developed during the last Surface sition. So we’re getting it to con- occupies that office. Transportation Act to expedite project ference. Didn’t I pass a motion to go to So, last week, I asked my colleague delivery without gutting environ- conference? So now what? You’re ask- to join me in a bipartisan manner in mental protections or limiting public ing me to just, okay, surrender, it’s all writing a letter, which he kindly participation. agreed, to the Speaker urging an expe- I fear if you do either of the last two, over? ditious naming of conferees, which you’re only going to prolong the proc- Mr. RAHALL. Reclaiming my time, we’ve now done. That was a bipartisan ess through court battles because there Madam Speaker, I’ve said many times letter signed by the big four in our will be court challenges that will go on during this debate that that’s not the committee. I would now ask him, beyond any approval process of the bu- position of this gentleman that we roll again, in the spirit of bipartisanship, reaucracy that may exist today. over and play dead to the other body. and I will yield him time if he’s pre- The Senate bill also strengthens Buy I’ve said the other body is not the per- pared to answer my question yes or America requirements that apply to fect bill. I’ve said that there are tech- no—yes or no—if he will join me in a Federal highway, transit, and rail cap- nical corrections we can change once bipartisan letter to the Speaker asking ital projects by prohibiting the seg- we get a conference underway. Once we for the reinstatement of earmarks. Yes mentation of such projects in order to pass a conference committee bill, we or no? avoid Buy America requirements. It can come back and make technical Mr. MICA. Will the gentleman yield? ensures that the Department of Trans- changes. That’s not unprecedented in Mr. RAHALL. Yes, I’ll yield. portation periodically review existing this body. Mr. MICA. I have to be a little bit nationwide waivers applicable to high- The important point here to remem- more verbose. Would you allow me ad- way and rail projects. It requires DOT ber is: no longer can we play these po- ditional time? to justify any proposed waiver of the litical games; no longer can we add ex- Mr. RAHALL. I’ll grant you 1 Buy America requirements, and it en- traneous stuff on a jobs bill such as minute. sures that the American public has no- this transportation bill to score polit- The SPEAKER pro tempore. The gen- tice of an opportunity to comment on ical points for a certain wing of our tleman from Florida is recognized for 1 any proposed waiver prior to taking ef- party. minute. fect. What we need to do, and the Amer- Mr. MICA. When I took over as rank- Finally, MAP–21’s bipartisan financ- ican people are demanding, this is the ing member and we had sort of a rank ing package fully pays for the bill— time that contracts are let for work—

VerDate Mar 15 2010 01:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.043 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2106 CONGRESSIONAL RECORD — HOUSE April 25, 2012 not 90 days from now, not 180 days from electronic votes will be conducted as 5- Barletta Griffin (AR) Paulsen now. This is springtime. This is time minute votes. Barrow Griffith (VA) Pearce Bartlett Grimm Pence when the highway projects are let, and Barton (TX) Guinta Peterson f the American worker is waiting to Benishek Guthrie Petri know whether he or she will have a job Berg Hall Pitts MOTION TO INSTRUCT CONFEREES Biggert Hanna this summer. Platts ON H.R. 4348, SURFACE TRANS- Bilbray Harper Poe (TX) That’s why I think every move Bilirakis PORTATION EXTENSION ACT OF Harris Pompeo should be made to get to conference ex- Bishop (UT) Hartzler Posey 2012, PART II peditiously, to have that conference Black Hastings (WA) Price (GA) Blackburn Hayworth Quayle conclude its work and bring a bill back The SPEAKER pro tempore. The un- Bonner Heck finished business is the vote on the mo- Reed for both Houses of Congress to enact in Bono Mack Hensarling Rehberg order to provide that certainty to the tion to instruct on H.R. 4348, offered by Boustany Herger Reichert Brady (TX) Herrera Beutler the gentleman from West Virginia (Mr. Renacci American small businesses, to the Brooks Huelskamp Ribble American economy, to the American RAHALL), on which the yeas and nays Broun (GA) Huizenga (MI) Rigell were ordered. Buchanan Hultgren worker that he or she will have a job Rivera Bucshon Hunter this summer. And that certainty The Clerk will redesignate the mo- Roby Buerkle Hurt should not wait around for us to decide tion. Burgess Issa Roe (TN) whether we’re going to roll over and The Clerk redesignated the motion. Burton (IN) Jenkins Rogers (AL) The SPEAKER pro tempore. The Calvert Johnson (IL) Rogers (KY) play dead or not. That bill can be cor- Rogers (MI) question is on the motion to instruct. Camp Johnson (OH) rected, as we’ve done numerous times Campbell Johnson, Sam Rohrabacher in this body, through technical changes The vote was taken by electronic de- Canseco Jones Rokita once we have given that certainty to vice, and there were—yeas 181, nays Cantor Jordan Rooney Ros-Lehtinen the American worker and to the Amer- 242, not voting 8, as follows: Capito Kelly Carter King (IA) Roskam ican people. [Roll No. 179] Cassidy King (NY) Ross (FL) It’s for that reason that I urge that YEAS—181 Chabot Kingston Royce Chaffetz Kinzinger (IL) Runyan the House today approve this motion Ackerman Fattah Olver Coble Kissell Ryan (WI) Altmire Frank (MA) to instruct conferees as we go to con- Owens Coffman (CO) Kline Scalise Andrews Fudge ference on the transportation bill. Pallone Cole Labrador Schilling Baca Garamendi Pascrell Conaway Lamborn Schmidt I yield back the balance of my time. Baldwin Gonzalez Pastor (AZ) Cravaack Lance Schock The SPEAKER pro tempore. Without Bass (CA) Green, Al Pelosi Crawford Landry Schweikert Bass (NH) Green, Gene objection, the previous question is or- Perlmutter Crenshaw Lankford Scott (SC) Becerra Grijalva dered on the motion to recommit. Peters Culberson Latham Scott, Austin Berkley Gutierrez Pingree (ME) Davis (KY) LaTourette There was no objection. Berman Hahn Sensenbrenner Polis Denham Latta The SPEAKER pro tempore. The Bishop (GA) Hanabusa Sessions Price (NC) Dent Lewis (CA) Bishop (NY) Hastings (FL) Shimkus question is on the motion to recommit. Quigley DesJarlais Lipinski Blumenauer Heinrich Shuster The question was taken; and the Rahall Diaz-Balart LoBiondo Bonamici Higgins Simpson Reyes Dold Long Speaker pro tempore announced that Boren Himes Smith (NE) Dreier Lucas Boswell Hinchey Richardson Smith (NJ) the noes appeared to have it. Duffy Luetkemeyer Brady (PA) Hinojosa Richmond Smith (TX) Mr. RAHALL. Madam Speaker, on Duncan (SC) Lummis Braley (IA) Hirono Ross (AR) Southerland Duncan (TN) Lungren, Daniel that I demand the yeas and nays. Brown (FL) Hochul Rothman (NJ) Stearns Ellmers E. The yeas and nays were ordered. Butterfield Holt Roybal-Allard Stivers Emerson Mack Capps Honda Ruppersberger Stutzman The SPEAKER pro tempore. Pursu- Farenthold Manzullo Capuano Hoyer Rush Sullivan ant to clause 8 of rule XX, further pro- Fincher Marchant Cardoza Israel Ryan (OH) Terry Fitzpatrick McCarthy (CA) ceedings on this question will be post- Carnahan Jackson (IL) Sa´ nchez, Linda Thompson (PA) Flake McCaul poned. Carney Jackson Lee T. Fleischmann McClintock Thornberry Carson (IN) (TX) Sanchez, Loretta f Fleming McCotter Tiberi Castor (FL) Johnson (GA) Sarbanes Flores McHenry Tipton Chandler Johnson, E. B. RECESS Schakowsky Forbes McKeon Turner (NY) Chu Kaptur Schiff Fortenberry McKinley Turner (OH) The SPEAKER pro tempore. Pursu- Cicilline Keating Schrader Foxx McMorris Upton Clarke (MI) Kildee ant to clause 12(a) of rule I, the Chair Schwartz Franks (AZ) Rodgers Walberg Clarke (NY) Kind declares the House in recess until ap- Scott (VA) Frelinghuysen Meehan Walden Clay Kucinich Scott, David Gallegly Mica Walsh (IL) proximately 4:45 p.m. today. Cleaver Langevin Serrano Gardner Miller (FL) Webster Clyburn Larsen (WA) Accordingly (at 3 o’clock and 24 min- Sewell Garrett Miller (MI) West Cohen Larson (CT) utes p.m.), the House stood in recess. Sherman Gerlach Miller, Gary Westmoreland Connolly (VA) Lee (CA) Shuler Gibbs Mulvaney Whitfield f Conyers Levin Sires Gibson Murphy (PA) Wilson (SC) Cooper Lewis (GA) 1645 Smith (WA) Gingrey (GA) Myrick Wittman b Costa Lofgren, Zoe Speier Gohmert Neugebauer Wolf Costello Luja´ n AFTER RECESS Stark Goodlatte Noem Womack Courtney Lynch Sutton Gosar Nugent Woodall The recess having expired, the House Critz Maloney Thompson (CA) Gowdy Nunes Yoder Crowley Markey was called to order by the Speaker pro Thompson (MS) Granger Nunnelee Young (AK) Cuellar Matheson ODER Graves (GA) Olson Young (FL) tempore (Mr. Y ) at 4 o’clock and Cummings Matsui Tierney Graves (MO) Palazzo Young (IN) 45 minutes p.m. Davis (CA) McCarthy (NY) Tonko Towns f Davis (IL) McCollum NOT VOTING—8 DeFazio McDermott Tsongas Filner Lowey Rangel DeGette McGovern Van Hollen ANNOUNCEMENT BY THE SPEAKER Holden Marino Slaughter DeLauro McIntyre Vela´ zquez PRO TEMPORE Loebsack Paul Deutch McNerney Visclosky The SPEAKER pro tempore. Pursu- Dicks Meeks Walz (MN) b 1711 ant to clause 8 of rule XX, proceedings Dingell Michaud Wasserman Doggett Miller (NC) Schultz Messrs. SHIMKUS, CALVERT, Mrs. will resume on questions previously Donnelly (IN) Miller, George Waters HARTZLER, and Mr. COFFMAN of postponed. Doyle Moore Watt Colorado changed their vote from Waxman Votes will be taken in the following Edwards Moran ‘‘yea’’ to ‘‘nay.’’ order: motion to instruct conferees on Ellison Murphy (CT) Welch Engel Nadler Wilson (FL) Messrs. POLIS, COSTA, and RYAN of H.R. 4348; motion to suspend the rules Eshoo Napolitano Woolsey Ohio changed their vote from ‘‘nay’’ to and pass H.R. 3336; and motion to sus- Farr Neal Yarmuth ‘‘yea.’’ pend the rules and pass H.R. 1038; all by NAYS—242 So the motion to instruct was re- the yeas and nays. Adams Alexander Austria jected. The first electronic vote will be con- Aderholt Amash Bachmann The result of the vote was announced ducted as a 15-minute vote. Remaining Akin Amodei Bachus as above recorded.

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.045 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2107 A motion to reconsider was laid on Lipinski Petri Scott (SC) b 1719 the table. LoBiondo Pitts Scott, Austin Long Platts Scott, David Messrs. MORAN, AL GREEN of Stated for: Lucas Poe (TX) Sensenbrenner Texas, and DICKS changed their vote Mr. FILNER. Mr. Speaker, on rollcall 179, I Luetkemeyer Polis Sessions from ‘‘yea’’ to ‘‘nay.’’ was away from the Capitol due to prior com- Lummis Pompeo Sewell Lungren, Daniel Posey Shimkus So (two-thirds being in the affirma- mitments to my constituents. Had I been E. Price (GA) Shuler tive) the rules were suspended and the present, I would have voted ‘‘yea.’’ Mack Quayle Shuster bill, as amended, was passed. Manzullo Quigley Simpson The result of the vote was announced f Marchant Rahall Sires Matheson Reed Smith (NE) as above recorded. McCarthy (CA) Rehberg Smith (NJ) A motion to reconsider was laid on SMALL BUSINESS CREDIT McCarthy (NY) Reichert AVAILABILITY ACT Smith (TX) the table. McCaul Renacci Southerland McClintock Reyes Stated against: Stearns The SPEAKER pro tempore. The un- McCotter Ribble Stivers Mr. FILNER. Mr. Speaker, on rollcall 180, I finished business is the vote on the mo- McHenry Richardson Stutzman was away from the Capitol due to prior com- McIntyre Richmond tion to suspend the rules and pass the Sullivan McKeon Rigell mitments to my constituents. Had I been bill (H.R. 3336) to ensure the exclusion Sutton McKinley Rivera present, I would have voted ‘‘nay.’’ of small lenders from certain regula- McMorris Roby Terry tions of the Dodd-Frank Act, as amend- Rodgers Roe (TN) Thompson (MS) f ed, on which the yeas and nays were or- McNerney Rogers (AL) Thompson (PA) Thornberry CONVEYANCE OF LAND TO COR- dered. Meehan Rogers (KY) Mica Rogers (MI) Tiberi RECT ERRONEOUS SURVEY, Tipton The Clerk read the title of the bill. Miller (FL) Rohrabacher COCONINO NATIONAL FOREST, The SPEAKER pro tempore. The Miller (MI) Rokita Turner (NY) Turner (OH) ARIZONA question is on the motion offered by Miller, Gary Rooney Moore Ros-Lehtinen Upton The SPEAKER pro tempore. The un- the gentleman from Oklahoma (Mr. Mulvaney Roskam Walberg LUCAS) that the House suspend the Murphy (PA) Ross (AR) Walden finished business is the vote on the mo- rules and pass the bill, as amended. Myrick Ross (FL) Walsh (IL) tion to suspend the rules and pass the Neugebauer Roybal-Allard Walz (MN) bill (H.R. 1038) to authorize the convey- This will be a 5-minute vote. Noem Royce Webster The vote was taken by electronic de- Nugent Runyan West ance of two small parcels of land with- vice, and there were—yeas 312, nays Nunes Ruppersberger Westmoreland in the boundaries of the Coconino Na- 111, not voting 8, as follows: Nunnelee Ryan (WI) Whitfield tional Forest containing private im- Olson Sanchez, Loretta Wilson (SC) provements that were developed based [Roll No. 180] Owens Scalise Wittman upon the reliance of the landowners in YEAS—312 Palazzo Schiff Wolf Pastor (AZ) Schilling Womack an erroneous survey conducted in May Adams Chandler Graves (MO) Paulsen Schmidt Woodall 1960, as amended, on which the yeas Aderholt Clarke (MI) Green, Gene Pearce Schock Yoder Akin Clyburn Griffin (AR) Pence Schrader Young (AK) and nays were ordered. Alexander Coble Griffith (VA) Peters Schwartz Young (FL) The Clerk read the title of the bill. Altmire Coffman (CO) Grimm Peterson Schweikert Young (IN) The SPEAKER pro tempore. The Amash Cole Guinta question is on the motion offered by Amodei Conaway Guthrie NAYS—111 Andrews Connolly (VA) Hahn the gentleman from Utah (Mr. BISHOP) Austria Cooper Hall Ackerman Green, Al Neal that the House suspend the rules and Baca Costa Hanabusa Baldwin Grijalva Olver Bachmann Costello Hanna Becerra Gutierrez Pallone pass the bill, as amended. Bachus Cravaack Harper Berman Hastings (FL) Pascrell This will be a 5-minute vote. Barletta Crawford Harris Bishop (NY) Heinrich Pelosi The vote was taken by electronic de- Barrow Crenshaw Hartzler Blumenauer Hinchey Perlmutter vice, and there were—yeas 421, nays 1, Bartlett Critz Hastings (WA) Bonamici Hirono Pingree (ME) Barton (TX) Crowley Hayworth Brady (PA) Holt Price (NC) not voting 9, as follows: Bass (CA) Cuellar Heck Braley (IA) Hoyer Rothman (NJ) [Roll No. 181] Bass (NH) Culberson Hensarling Capps Jackson (IL) Rush Benishek Davis (KY) Herger Capuano Jackson Lee Ryan (OH) YEAS—421 Berg Denham Herrera Beutler Chu (TX) Sa´ nchez, Linda Ackerman Brady (TX) Cole Berkley Dent Higgins Cicilline Johnson (GA) T. Adams Braley (IA) Conaway Biggert DesJarlais Himes Clarke (NY) Johnson, E. B. Sarbanes Aderholt Brooks Connolly (VA) Bilbray Diaz-Balart Hinojosa Clay Kaptur Schakowsky Alexander Broun (GA) Conyers Bilirakis Dold Hochul Cleaver Kildee Scott (VA) Altmire Brown (FL) Cooper Bishop (GA) Donnelly (IN) Honda Cohen Kucinich Serrano Amodei Buchanan Costa Bishop (UT) Doyle Huelskamp Conyers Larson (CT) Sherman Andrews Bucshon Costello Black Dreier Huizenga (MI) Courtney Lee (CA) Smith (WA) Austria Buerkle Courtney Blackburn Duffy Hultgren Cummings Levin Speier Baca Burgess Cravaack Bonner Duncan (SC) Hunter Davis (CA) Lewis (GA) Stark Bachmann Burton (IN) Crawford Bono Mack Duncan (TN) Hurt Davis (IL) Lofgren, Zoe Thompson (CA) Bachus Butterfield Crenshaw Boren Ellmers Israel DeFazio Luja´ n Tierney Baldwin Calvert Critz Boswell Emerson Issa DeGette Lynch Tonko Barletta Camp Crowley Boustany Farenthold Jenkins DeLauro Maloney Towns Barrow Campbell Cuellar Brady (TX) Farr Johnson (IL) Deutch Markey Tsongas Bartlett Canseco Culberson Brooks Fincher Johnson (OH) Dicks Matsui Van Hollen Barton (TX) Cantor Cummings Broun (GA) Fitzpatrick Johnson, Sam Dingell McCollum Vela´ zquez Bass (CA) Capito Davis (CA) Brown (FL) Flake Jones Doggett McDermott Visclosky Bass (NH) Capps Davis (IL) Buchanan Fleischmann Jordan Edwards McGovern Wasserman Becerra Capuano Davis (KY) Bucshon Fleming Keating Ellison Meeks Schultz Benishek Cardoza DeFazio Buerkle Flores Kelly Engel Michaud Waters Berg Carnahan DeGette Burgess Forbes Kind Eshoo Miller (NC) Watt Berkley Carney DeLauro Burton (IN) Fortenberry King (IA) Fattah Miller, George Waxman Berman Carson (IN) Denham Butterfield Foxx King (NY) Frank (MA) Moran Welch Biggert Carter Dent Calvert Franks (AZ) Kingston Fudge Murphy (CT) Wilson (FL) Bilbray Cassidy DesJarlais Camp Frelinghuysen Kinzinger (IL) Garamendi Nadler Woolsey Bilirakis Castor (FL) Deutch Campbell Gallegly Kissell Gonzalez Napolitano Yarmuth Bishop (GA) Chabot Diaz-Balart Canseco Gardner Kline Bishop (NY) Chaffetz Dicks Cantor Garrett Labrador NOT VOTING—8 Bishop (UT) Chandler Dingell Capito Gerlach Lamborn Filner Lowey Rangel Black Chu Doggett Cardoza Gibbs Lance Blackburn Cicilline Dold Holden Marino Slaughter Carnahan Gibson Landry Loebsack Paul Blumenauer Clarke (MI) Donnelly (IN) Carney Gingrey (GA) Langevin Bonamici Clarke (NY) Doyle Carson (IN) Gohmert Lankford Bonner Clay Dreier Carter Goodlatte Larsen (WA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Bono Mack Cleaver Duffy Cassidy Gosar Latham The SPEAKER pro tempore (during Boren Clyburn Duncan (SC) Castor (FL) Gowdy LaTourette Boswell Coble Duncan (TN) Chabot Granger Latta the vote). There are 2 minutes remain- Boustany Coffman (CO) Edwards Chaffetz Graves (GA) Lewis (CA) ing. Brady (PA) Cohen Ellison

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.050 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2108 CONGRESSIONAL RECORD — HOUSE April 25, 2012 Ellmers Labrador Rehberg Wilson (FL) Womack Yoder fications committed to conference: Emerson Lamborn Reichert Wilson (SC) Woodall Young (AK) Messrs. UPTON, WHITFIELD, and WAX- Engel Lance Renacci Wittman Woolsey Young (FL) Eshoo Landry Reyes Wolf Yarmuth Young (IN) MAN. Farenthold Langevin Ribble From the Committee on Natural Re- Farr Lankford Richardson NAYS—1 sources, for consideration of secs. 123, Fattah Larsen (WA) Richmond Amash 142, 204, and titles III and VI of the Fincher Larson (CT) Rigell Fitzpatrick Latham Rivera NOT VOTING—9 House bill, and sec. 1116, subtitles C, F, Flake LaTourette Roby Akin Loebsack Paul and G of title I of Division A, sec. 33009, Fleischmann Latta Roe (TN) Filner Lowey Rangel titles VI and VII of Division C, sec. Fleming Lee (CA) Rogers (AL) Holden Marino Slaughter 40101, subtitles A and B of title I of Di- Flores Levin Rogers (KY) Forbes Lewis (CA) Rogers (MI) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE vision F, and sec. 100301 of the Senate Fortenberry Lewis (GA) Rohrabacher The SPEAKER pro tempore (during amendment, and modifications com- Foxx Lipinski Rokita the vote). There are 2 minutes remain- mitted to conference: Messrs. HASTINGS Frank (MA) LoBiondo Rooney of Washington, BISHOP of Utah, and Franks (AZ) Lofgren, Zoe Ros-Lehtinen ing. ARKEY Frelinghuysen Long Roskam M . Fudge Lucas Ross (AR) b 1726 From the Committee on Science, Gallegly Luetkemeyer Ross (FL) So (two-thirds being in the affirma- Space, and Technology for consider- ´ Garamendi Lujan Rothman (NJ) tive) the rules were suspended and the ation of secs. 121, 123, 136, and 137 of the Gardner Lummis Roybal-Allard House bill, and sec. 1534, subtitle F of Garrett Lungren, Daniel Royce bill, as amended, was passed. Gerlach E. Runyan The result of the vote was announced title I of Division A, secs. 20013, 20014, Gibbs Lynch Ruppersberger as above recorded. 20029, 31101, 31103, 31111, 31204, 31504, Gibson Mack Rush A motion to reconsider was laid on 32705, 33009, 34008, and Division E of the Gingrey (GA) Maloney Ryan (OH) Senate amendment, and modifications Gohmert Manzullo Ryan (WI) the table. committed to conference: Messrs. Gonzalez Marchant Sa´ nchez, Linda Stated for: HALL, CRAVAACK, and Ms. EDDIE BER- Goodlatte Markey T. Mr. FILNER. Mr. Speaker, on rollcall 181, I Gosar Matheson Sanchez, Loretta NICE JOHNSON of Texas. Gowdy Matsui Sarbanes was away from the Capitol due to prior com- From the Committee on Ways and Granger McCarthy (CA) Scalise mitments to my constituents. Had I been Means, for consideration of secs. 141 Graves (GA) McCarthy (NY) Schakowsky present, I would have voted ‘‘yea.’’ Graves (MO) McCaul Schiff and 142 of the House bill, and secs. 1801, Green, Al McClintock Schilling Mr. AKIN. Mr. Speaker, on rollcall No. 181, 40101, 40102, 40201, 40202, 40204, 40205, Green, Gene McCollum Schmidt I was unavoidably detained and would have 40301–40307, 40309–40314, 100112–100114, Griffin (AR) McCotter Schock voted ‘‘yea.’’ and 100116 of the Senate amendment, Griffith (VA) McDermott Schrader Grijalva McGovern Schwartz f and modifications committed to con- ference: Messrs. CAMP, TIBERI, and BLU- Grimm McHenry Schweikert REMOVAL OF NAME OF MEMBER Guinta McIntyre Scott (SC) MENAUER. Guthrie McKeon Scott (VA) AS COSPONSOR OF H.R. 3674 There was no objection. Gutierrez McKinley Scott, Austin Hahn McMorris Scott, David Mr. LANGEVIN. Mr. Speaker, I ask f unanimous consent to withdraw my Hall Rodgers Sensenbrenner THE SMALL BUSINESS TAX Hanabusa McNerney Serrano name as a cosponsor to H.R. 3674. SIMPLIFICATION ACT Hanna Meehan Sessions The SPEAKER pro tempore (Mr. Harper Meeks Sewell (Mr. BERG asked and was given per- Harris Mica Sherman MEEHAN). Is there objection to the re- Hartzler Michaud Shimkus quest of the gentleman from Rhode Is- mission to address the House for 1 Hastings (FL) Miller (FL) Shuler land? minute.) Hastings (WA) Miller (MI) Shuster There was no objection. Mr. BERG. Mr. Speaker, in North Da- Hayworth Miller (NC) Simpson kota, we know jobs come from small Heck Miller, Gary Sires f Heinrich Miller, George Smith (NE) business, not from Big Government. Hensarling Moore Smith (NJ) b 1730 Small business is the backbone of our Herger Moran Smith (TX) economy, and it’s the engine to get Herrera Beutler Mulvaney Smith (WA) APPOINTMENT OF CONFEREES ON America back to work. Unfortunately, Higgins Murphy (CT) Southerland H.R. 4348, SURFACE TRANSPOR- Himes Murphy (PA) Speier all too often, instead of helping small Hinchey Myrick Stark TATION EXTENSION ACT OF 2012, business, Washington serves as a road- Hinojosa Nadler Stearns PART II block to its growth by piling on exces- Hirono Napolitano Stivers sive regulations and imposing burden- Hochul Neal Stutzman The SPEAKER pro tempore. Without Holt Neugebauer Sullivan objection, the Chair appoints the fol- some complex Tax Code on the job cre- Honda Noem Sutton lowing conferees: ators. Hoyer Nugent Terry From the Committee on Transpor- The legislation I’m introducing today Huelskamp Nunes Thompson (CA) is known as the Small Business Tax Huizenga (MI) Nunnelee Thompson (MS) tation and Infrastructure, for consider- Hultgren Olson Thompson (PA) ation of the House bill (except section Simplification Act. It will simplify our Hunter Olver Thornberry 141) and the Senate amendment (except Tax Code for small businesses. Instead Hurt Owens Tiberi of being bogged down with complex Israel Palazzo Tierney secs. 1801, 40102, 40201, 40202, 40204, 40205, 40305, 40307, 40309–40312, 100112–100114, tax-reporting requirements, this bipar- Issa Pallone Tipton tisan legislation will allow businesses Jackson (IL) Pascrell Tonko and 100116), and modifications com- to use a simplified form of accounting Jackson Lee Pastor (AZ) Towns mitted to conference: Messrs. MICA, (TX) Paulsen Tsongas that more closely matches the way YOUNG of Alaska, DUNCAN of Tennessee, Jenkins Pearce Turner (NY) small business owners run their busi- Johnson (GA) Pelosi Turner (OH) SHUSTER, Mrs. CAPITO, Mr. CRAWFORD, nesses. Johnson (IL) Pence Upton Ms. HERRERA BEUTLER, Messrs. Johnson (OH) Perlmutter Van Hollen This bill represents commonsense BUCSHON, HANNA, SOUTHERLAND, Johnson, E. B. Peters Vela´ zquez change that would ease the burden of Johnson, Sam Peterson Visclosky LANKFORD, RIBBLE, RAHALL, DEFAZIO, tax complexity for many small busi- Jones Petri Walberg COSTELLO, Ms. NORTON, Mr. NADLER, nesses, as they can spend more of their Jordan Pingree (ME) Walden Ms. BROWN of Florida, Messrs. CUM- Kaptur Pitts Walsh (IL) time and resources doing what they do Keating Platts Walz (MN) MINGS, BOSWELL, and BISHOP of New best, and that’s growing jobs and help- Kelly Poe (TX) Wasserman York. ing our economy. Kildee Polis Schultz From the Committee on Energy and Kind Pompeo Waters f King (IA) Posey Watt Commerce, for consideration of sec. 142 King (NY) Price (GA) Waxman and titles II and V of the House bill, GOP FRESHMAN CLASS ON Kingston Price (NC) Webster and secs. 1113, 1201, 1202, subtitles B, C, COMPREHENSIVE TAX REFORM Kinzinger (IL) Quayle Welch D, and E of title I of Division C, secs. The SPEAKER pro tempore. Under Kissell Quigley West Kline Rahall Westmoreland 32701–32705, 32710, 32713, 40101, and 40301 the Speaker’s announced policy of Jan- Kucinich Reed Whitfield of the Senate amendment, and modi- uary 5, 2011, the gentleman from New

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.015 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2109 York (Mr. REED) is recognized for 60 other statistic. What statistic? As it sions on millions, if not billions, of dol- minutes as the designee of the major- stands today, approximately 30 percent lars in local plants to put people back ity leader. of family businesses will be passed on to work that the rules of the road are Mr. REED. Mr. Speaker, I rise to- to the family’s second generation— going to be clear and they are going to night to join here this evening with six only in America—12 percent will make be certain and they are going to be per- or more of my colleagues from the it to the third generation, and only 3 manent so that they can rely on that freshman class to talk about a very im- percent of all family businesses make certainty, so that they can make the portant issue that we face in this Na- it to the fourth generation or beyond. investment necessary to get this econ- tion, and that is the need for our coun- For a family farmer, for a small busi- omy going forward again, and making try to engage in an open and honest de- ness owner, that’s very disheartening. sure that they can rely on those rules bate about comprehensive tax reform However, if the President has his way, and that they won’t change midstream as we come to the end of the year with those percentages will be even lower. as we see with tax policy that extends the expiration of our individual tax On January 1, 2013, the death tax will on 10-year windows—or tax extenders, rates, our corporate tax rates, and the rise from the dead again, re-ordained the 101 tax extender policies that ei- potential exposure of the estate tax by President Obama, and return with a ther expired last year at the end of 2011 being reinitiated at levels that would rate of as much as 55 percent. Again, in or will expire at the end of 2012, things decimate family farmers and families my part of the country, a middle-in- as basic as the research and develop- across all of America. come family farmer in my part of the ment tax credit for our manufacturers I am pleased to be joined by so many country who owns more than 285 acres across America. Those types of policies of my colleagues who understand the of land could be assessed a death tax of need to be done on a permanent nature importance and the critical nature of as much as 55 percent of what they try so that when these investment deci- this issue to put us on a path to make to leave to the next generation. That’s sions are made, the people that are America competitive when it comes to what the President defines as the fam- making those choices know that there the world economy, and also to come ily farmer’s ‘‘fair share.’’ will be a forum and a platform on the up with a Tax Code that is simpler and Mr. Speaker, family farms are a sig- American market that is secure, cer- easier for people to understand and nificant and reliable food source for tain, and will allow them to make sure that we don’t have to spend thousands our country and the world, and they that there is a good thought process put in place as they make those invest- of dollars, hundreds of dollars, paying play a vital role in our Nation’s na- ment decisions. advisers to fill out forms just to meet tional security. However, under the At this point in time, I would love to President’s death tax proposal, family the obligation of a tax burden that is yield to my good friend from the State farmers will be forced to downsize their out of control because of spending that of Pennsylvania, one of our leaders in is completely causing this Nation to operations chunk by chunk, selling the freshman class, MIKE KELLY. create a national debt of $15.6 trillion. their assets to pay for what amounts to Mr. KELLY. I would like to thank nothing other than the seizure of the As we go forward in this conversation, my friend from New York (Mr. REED). let us be open, honest and fair about family farm. Many may shut down and Mr. Speaker, I rise today to talk the issues before us. have to sell everything just to cover about the things that are certain in With that, I would like to yield, Mr. the cost. life. People always say there’s two Speaker, to a good friend of mine from I think of the song by Crosby, Stills things you can be certain of. One is Georgia. & Nash that said: ‘‘Tax the rich, feed death and the other is taxes. There’s Mr. AUSTIN SCOTT of Georgia. the poor, ’til there are no rich no another one that we’re going to be cer- Thank you. I will tell you the key to more.’’ This is certainly the attitude of tain of after January 1, and that is this is open and honest debate. the current administration. you’re going to continue to pay taxes We hear a lot from the President and The truth is you simply can’t feed after death. from Democrats today about America’s the hungry without the family farmer. In a government that borrows 42 millionaires not paying their fair They play a vital role in everything we cents of every dollar it spends, it comes share. And they, quite honestly, quote are and do as Americans. as no surprise that we can’t even let Warren Buffett and talk about the Mr. Speaker, you want more hungry the dead relax. They’re still going to be Buffett rule. And certainly I’m happy people in America? You want a decline taxed beyond what they ever could that Mr. Buffett lives in a country like in family businesses and higher unem- have possibly imagined in real life. I do where he’s able to achieve what he ployment? Follow the President’s pro- So we look at a country that now has has. But Warren Buffett is a billion- posal on the death tax, because that’s the highest corporate tax in the indus- aire, not a millionaire. exactly where it leads. It’s the seizure trial world; we’re going to have the Now, let’s talk about who America’s of assets of the family farmers and the highest or the second highest death tax millionaires are. In my part of the family businesses in America. I prom- in the world. And why? Because of a country, farmland sells for about $3,500 ise you, if that happens, there will be town that’s never learned to do what it an acre. So if you own 285 acres of land more hungry people in America. tells all of its citizens to do: live within that you farm, you’re a millionaire. In Mr. REED. I so appreciate my col- your means, play fair, pay your fair other parts of the country, it may sell league from Georgia, the president of share. for as much as $15,000 an acre. And if the freshman class, for his comments Well, I would just suggest to you you’re a farm family with 66 acres, on the family farm and standing up for that, in addition to that, what we’re that’s one of America’s millionaires. family farmers all across America. telling people is, look, you don’t have These are hardworking, middle-in- One thing that we’re going to face at the certainty anymore that you have come Americans who have saved all the end of the year with the expiration planned your estate the right way, be- their lives to pay for the farm. We need of these tax rates and a need for us to cause after January 1 this government to work to protect these family farms commit firmly to comprehensive tax is going to come up with heavier taxes so the next generation can carry on reform, I hope we all adopt a policy, a on its citizens—not the ones that are their legacy. We hear a lot about policy that I have heard from folks on the ground and living, but the ones that—protecting the American farm- throughout my district, across my that have already died, that have paid er—from the other side of the aisle. Yet great State of New York, and across their fair share, that have played with- they propose tax policies that do the this entire Nation, and that is a firm in the rules, that have done everything exact opposite and very much would commitment that they’re looking for they’re supposed to do as good citizens destroy our agricultural industry and from Washington, D.C., to adopt tax of this great country. They’re going to the safety net that it provides this policy that is going to be certain, that be told at the end of their life that you country. we adopt tax policy that is going to be cannot go to your final resting place in permanent. Because as we ask our local peace. No. Everything that you have b 1740 manufacturers, our job creators of the accumulated in your life and already In fact, if you follow their tax policy, United States of America, they need to paid taxes on is going to be taxed America’s farmers will simply be an- know that when they make these deci- again.

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.056 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2110 CONGRESSIONAL RECORD — HOUSE April 25, 2012 And who is it that’s going to face fect with the expiration of the indi- The fact is, Mr. Speaker, next year, that burden? All those people that we vidual tax rates, the reinstatement of unless changes are made in the Tax tried to work so hard for, that we tried the estate taxes at levels of 55 percent Code, Americans will be bombarded to put things aside for. Our children and beyond, and we need to act. with the heavy artillery of the largest and our grandchildren are facing a Mr. KELLY. Will the gentleman tax increase in the Nation’s history, hockey stick of spending that goes up yield? causing massive economic injury and and off the charts. Again, a country Mr. REED. I yield to the gentleman destruction. that cannot live within its own means, from Pennsylvania. To begin with, if the Bush-Obama tax and yet an administration that tells its Mr. KELLY. I think the other thing rates are allowed to expire, the current citizenry you have to pay your fair that is very important to understand is tax brackets of 10 to 35 percent will share, the rich are not paying their fair that we talk about competing in the rise to 15 to 39.6 percent. Other tax pro- share. global economy. Now, our friends to visions scheduled to disappear that will Listen, farms are not only going to the north in Canada do not have a hit ordinary Americans include the go away because those assets are going death tax. Our friends to the south in American Opportunity Tax Credit—up to have to be liquidated to pay death Mexico do not have a death tax. This, to $2,500 per student for qualified col- taxes, small businesses are also going again, is an example of an administra- lege costs, a tax exclusion for forgiven to be harmed by this new tax. They’re tion that is so out of touch with the mortgage debt, and a tax credit for em- going to have to liquidate in order to real world, that has never had any skin ployer-provided child care. pay the estate taxes that are left over in the game, never understood that in Children of farmers, as my colleague after somebody has worked their whole order to produce a profit you must first from Georgia talked about, and small life, paid their fair share, done what know how to create one and not just business owners who wish to continue they’re supposed to do, lived within how to tax it. But we are, again, taking the legacy of their parents will find it their means. But that’s not enough. ourselves out of the global economy increasingly difficult to do so, as the That’s not enough for this administra- and we are telling our people, You death tax exemption will shrink from tion. They will continue to rip off from know what? You may be better off liv- $5 million to $1 million. Further, inher- your pocket after death that which you ing in Canada or in Mexico, especially ited assets exceeding that amount will have worked so hard to earn over your if you’ve accumulated anything in your be taxed at a maximum rate, Mr. lifetime. lifetime, because you’re not going to be Speaker, of 55 percent, up from 35 per- There is nothing more prickly; not able to pass it on to the next genera- cent, and a 5 percent surcharge on es- even the sharpest cactus in the desert tion. tates over $10 million. has more prickly pins on it than this Mr. REED. I so appreciate that com- Investors will be battered with a cap- law and this rule in the way it’s com- ment. ital gains tax increase from 15 percent ing. With that, I would like to yield to to a maximum of 25.8 percent. Seniors So I would just say to all my friends, another colleague of ours, a great who rely on their dividend returns will if it’s really about being fair, if it’s Member of the freshman class from also be hampered. Stock dividends, really about playing by the rules, if it’s Florida, Colonel WEST. currently 15 percent, will be taxed as really about a stewardship where you ordinary income with a top rate of 43.4 b 1750 take what is given to you and you pass percent. That’s 39.6 percent income tax it on to the next generation in better Mr. WEST. I thank the kind col- plus a 3.8 percent tax on investment in- shape than you got it, my goodness, league of mine from New York (Mr. come proposed in the President’s how have we strayed so far from a REED). health care law. basic American principle as that? How Mr. Speaker, as a field artillery offi- In the last few months we’ve heard a have we strayed so far as to tell those cer in the United States Army, I lot about fairness from the President, who have worked so hard in their life- learned a thing or two about weaponry. Mr. Speaker, especially when it comes time that even in their death they can- Our success on the battlefields of to wealthier people. In President not rest, they cannot be assured of that Desert Storm and Desert Shield de- Obama’s own message about his pro- which they have worked so hard in pended on choosing the correct artil- posed budget for fiscal year 2013, he order to pass on to the next generation lery for each specific objective, wheth- says everyone must shoulder their fair is going to be vulnerable? Fifty-five er it was halting the enemy’s forward share. But how, Mr. Speaker, does he percent tax on your estate. progress, diminishing the strength of define fair when 47 percent of wage- The liquidation of family farms, the its forces, or completely destroying its earning households pay zero Federal liquidation of family businesses, the capabilities. income taxes, while the top 25 percent liquidation of the dreams of our chil- Although he has never served our of wage-earning households pay 87 per- dren and grandchildren, all of them go country in uniform or risked his life to cent? up in smoke as this tsunami of tax in- defend its freedoms and liberties on Besides, the spending proposed in the creases that this administration will be distant shores, it seems President President’s fiscal year 2013 budget is forcing on the American people after Obama understands a thing or two far beyond what the revenue base can January 1. about weaponry as well. But in the support. It would be mathematically I thank my friend from New York for President’s case, Mr. Speaker, the cur- impossible to increase taxes on the Na- bringing this issue up. rent weapon of choice is tax policy, and tion’s highest earners to close the fu- Mr. REED. Well, I thank the gen- the enemies are small businesses, in- ture trillion dollar-plus deficits if tleman from Pennsylvania for joining vestors, entrepreneurs, and corpora- spending continues as President Obama us here tonight. tions, who seemingly are deemed unde- has planned. In listening to your comments, I sirable. In short, these are the eco- And according to a report by the wholeheartedly agree that what we’re nomic engines of our Nation. Joint Committee on Taxation, the seeing at the end of this year, if Wash- The President’s planned tax increases highly touted Buffett rule would raise ington, D.C., does not get its act to- seemed designed solely to demonize the a paltry 30 to $40 billion over the next gether—and we as the freshman class, I rich and use them as a propaganda tool 10 years. think, are doing a great job in holding to score political points. But the col- Mr. Speaker, during that same time- this city accountable and really chang- lateral damage of these policies will frame, President Obama’s budget would ing the culture of Washington, D.C. spread far and wide into the heartland create nearly $7 trillion in new debt, The job has just started. We have a lot of America. After all, the 160 percent which means the Buffett tax would more work to do, and we’ll continue to increase in Federal cigarette taxes put lower that debt by less than half a per- go forward on that mission. in place in 2009 by President Obama cent. This is clearly not sound fiscal But what we have to commit our- and his administration, certainly af- policy. It’s the misguided policy of eco- selves to is, if we do not act by the end fects those earning far less than nomic fairness, and it is just as Fred- of the year, the largest tax increase in $250,000, despite his promise not to eric Bastiat stated in his essay, ‘‘The the history of America will go into ef- raise their taxes. Law’’: It is legal plunder under the

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.058 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2111 guise of benevolence and misconceived that are there. We need to grow up. We Mr. WEST. I just want to say you are philanthropy. need to deal with this issue once and absolutely right, and I thank you for While the President has some under- for all. yielding an additional minute. standing of the destructive capability And one thing that I’m repeatedly re- It is truly the choice between two fu- of his tax policy, he demonstrates little minded of when I hear the President’s tures: it is a future of economic free- understanding of battlefield strategy, proposal about the top 2 percent need dom, or a future of economic depend- because those who are on the receiving to pay their fair share. I try to deal ency. It is a future that talks about the end of an artillery barrage seldom stay with this issue in an open and honest entrepreneurial will and spirit and the in place. way. And if you do the math on that individual industrialism of the Amer- When businesses and individuals are proposal, you raise $70 billion over 10 ican people or collective subjugation. I being bombarded with higher tax rates, years. We have a $1.3 trillion deficit think that the American people will they will simply change their behavior. every year. The math just does not add make the right choice in November Investors will shift money from taxable up. 2012. to nontaxable investments. Total eco- And so I always have to remind peo- Mr. REED. I so appreciate it, and I nomic activity slows, as there is less ple as I engage in this debate about the wholeheartedly agree with that senti- incentive for employees to work extra need for comprehensive tax reform that ment. hours, while smaller, potential returns the solution to our national debt prob- At this point in time, I would like to mean investors and venture capitalists lem is not going to be a revenue solu- yield to my good friend from Kansas are less willing to shoulder risks. All tion unless we grow this economy. (Mr. HUELSKAMP). Mr. HUELSKAMP. Thank you, Con- taxpayers have a greater incentive to Raising revenue through increasing gressman REED. It is a very timely shield their income. taxes is not going to bridge—as my col- Obviously, President Obama is no topic. league said, mathematically, it is im- I come from western Kansas, and big student of history either, Mr. Speaker, possible to raise taxes enough to get to skies and big dreams, and big visions; for if he were, he would know revenues that $1.3 trillion number. and I tell you, we can see an approach- increased under Presidents Kennedy, That’s why I’m always reminded that ing storm brewing sometimes hundreds Reagan and yes, George W. Bush, at this is a spending problem at its root of miles away. You can see the dark least until the 2007 financial crisis, cause, and that’s why we need to con- clouds. You can feel the gusting winds. when tax rates were reduced. tinue to focus on that arena. Though the skies are wide open, some- But increasing tax revenue does not And I would also like to echo my col- times it’s hard to predict which path appear to be the President’s strategic league from Florida in his words. Es- the storm will take. objective. If it were, he would be rec- sentially, this is going to boil down, in We’ve heard tonight, and I’ll say it ommending policies to help increase this November 2012 election, to two again, there is a storm brewing here in the revenue base by optimizing the reg- strategies of moving forward. And if I Washington that may seem like miles, ulatory and tax environment to en- heard your statements and your words perhaps hundreds of miles, away; but courage businesses to invest, grow, and correctly, we essentially have one it’s not. Unlike our Kansas storms, it’s hire. strategy that is going to be deployed pretty evident this storm is going to The House of Representatives, Mr. by my colleagues on the Democratic hit America unless this Congress and Speaker, has passed 26 bills to do just side, on the other side of the aisle, who this President act. that, but they currently languish on say it needs to be a revenue-based solu- Every American will pay higher the desk of Senate Majority Leader tion. taxes next year. Let me rephrase that. HARRY REID, who will not bring them But that is code word back in my liv- Every tax-paying American—because up for vote in the Senate. ing rooms in my district for, we’re you know half of Americans pay no Instead, President Obama seems de- going to raise taxes to deal with this Federal income taxes. So I’m talking termined to punish and wipe out eco- situation. And I think this freshman about the half that actually pay. In- nomic success in this country, leveling class and the people that have joined come and the capital gains rates will tax weapons of mass destruction on all us here on this side of the aisle in the go up; the death tax will go up as well. taxpayers. This is a battle our Nation Republican Party have firmly com- The child tax credit and the standard can ill afford to lose. We must reform mitted that the solution is on deduction will decrease. All of this is our Tax Code, and we must restore the downsizing government, cutting spend- certain to happen unless we act. conditions for economic success for all ing, adhering to what our Founding Fa- It’s been mentioned that this would our citizens because truly, they are thers believed in and put forth in the be the biggest tax increase in American taxed enough already. Constitution, a limited Federal Gov- history. I think it actually might be Mr. Speaker, unleashing the indi- ernment, not an all-encompassing Fed- the biggest tax increase in human his- vidual industrialism and entrepre- eral Government that has grown the tory. It could be. We’ll look forward to neurial spirit of Americans does not debt to the level that we see today. those figures. Our economy is just come from capital consolidation in starting to show signs of life again, b 1800 Washington, D.C. The American people however weak. Can you imagine what do not want more Solyndras and GSA I am also firmly committed to not it will mean for the economy if taxes boondoggles. engaging in the debate as to who go up at the end of the year? Can you The American people want economic caused it be it which President from imagine where the stock market is security, which comes from this body whatever party. That is not the solu- going to go in the final quarter if Con- becoming responsible stewards of their tion moving forward, engaging in the gress goes home before the election tax resources, not taking more from blame game. It is about recognizing the without acting to extend the lower cap- them based upon divisive, socio- problem is upon us, whoever caused it, ital gains rate? economic rhetoric. Democrat or Republican, and let’s I know my colleague, Colonel WEST, The American people, Mr. Speaker, solve it. noted the President might not be a want a constitutional republic, not a When we come to November of 2012, great student of history. Actually, all socialist, egalitarian, welfare nanny the American people will not be stupid. he has to do is study his own comments state. The American people want an They are not stupid individuals. They and go back less than 2 years ago. The economic future so bright that they will see that the math doesn’t add up President said, ‘‘You don’t raise taxes will have to wear sunglasses. with a solution based on my colleagues in a recession.’’ That’s President Mr. REED. I thank my colleague for on the other side of the aisle of increas- Obama, the President of our country, if his sentiment and the words that you ing taxes to bridge this national debt he could study his own history. I agree expressed. And I’m reminded that we problem. It is about truly being fiscally with him. I don’t agree with him on a here in Washington cannot be like my responsible and getting our fiscal house lot of things. But he said you don’t children when they used to sit in the in order. raise taxes in a recession. TV room and watch their cartoons, Does my colleague have any addi- Sure, we might have emerged from a such as Teletubbies and the other ones tional comments? formal definition of a recession, but I

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.059 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2112 CONGRESSIONAL RECORD — HOUSE April 25, 2012 don’t think there is anyone out there Washington has created this storm. Mr. HUELSKAMP. Seventy thousand who believes the economy is growing But unlike the tornadoes that sweep pages. It’s my understanding it’s 31⁄2 by leaps or bounds, and I don’t think across the plains, we have an oppor- times the size of the Bible perhaps, you can shoehorn a massive tax in- tunity to avoid the devastating con- longer than all of Shakespeare’s works, crease onto an already overburdened sequences of the approaching storm and it’s all about to be centralizing American economy. You just can’t. that’s coming at the end of this year. power in Washington. America needs and deserves a Tax I’m excited to be here to talk about We have a grand opportunity, I agree. Code that’s not premised on pitting that because I must tell you, I am opti- With challenges come opportunities. American versus American in a class mistic. We can solve this problem. We We have a tremendous opportunity, warfare struggle. Unfortunately, that can take advantage of the approaching and it will have to be a bipartisan op- seems to be the only real solution this storm, actually do comprehensive tax portunity. I agree with you. We have to President has. The so-called Buffett reform that can change the future for have the President propose a solution rule is just a gimmick trying to dis- all Americans. We can pull this econ- and his only solution right now is let’s tract the American people from the re- omy out of the doldrums, go back to just raise taxes. ality that he wants the biggest tax in- the days when the economy actually b 1810 crease in American history, and he’s grew, when jobs were being created. If he does nothing, if he refuses to going to get it unless we can change But in today’s environment, the un- help us make America more competi- this before the end of the year. certainty created by this administra- tive, if he refuses to help us, we’ll have, I have proposed a bill called the tion and by a tax law that’s not perma- as you mentioned, the single largest American Opportunity and Freedom nent, that is dragging down our econ- Act, which would make permanent the tax increase in American history. We omy. We can’t avoid that, and we can can’t stop it if he’s not willing to help Bush-Obama tax cuts. Yes, the Bush- do much better. I’m happy to be here Obama tax cuts. Look back at history. out, but I think the American people tonight to talk about that. are demanding comprehensive tax re- This President extended the tax cuts. Mr. REED. I thank you so much, my He signed them. They are the Bush- form. They’re demanding us to get this colleague from Kansas, for coming right because we cannot afford the Obama tax cuts. down this evening to talk about this Remember, he called those tax cuts massive tax increases in the current issue. You are exactly right. When I law. I am very fearful about that, but I ‘‘a substantial victory for middle class listened to the comments you had to families.’’ This was President Obama am optimistic that we can and will do offer, and as we go into this debate the right thing. out on the campaign trail, today I be- about comprehensive tax reform, I lieve, saying we have to extend these I’ve got a friend of mine in Junction think there is somewhat of an agree- City, Kansas. I met him at a town hall. tax cuts. I agree. ment on both sides of the aisle that tax I also support comprehensive reform, His name is Tom, and he’s a small busi- reform needs to be done because our including the Fair Tax. I think my col- ness owner. He said, You know, I’m Tax Code is way too complicated— league from Georgia is going to visit going to start a small business—or I about that, I hope. I’ve cosponsored the 70,000 pages of tax regulation and stat- would—but because of those tax in- Jobs Through Growth Act and numer- utory language, legislation on top of creases at the end of the year, I’m not ous other proposals to make our Tax legislation. going to do that. He said, I would have We need to firmly attack that Tax Code fairer, flatter, and more simple. hired seven people. Those seven people The bottom line is we need to do Code in a way that focuses on the pri- not hired in Junction City, Kansas, something now. Our Tax Code should mary goal of what our Tax Code was don’t show up on any list, but they not outpace the Bible in number of originally enacted for, to raise revenue, show up in Junction City as seven words. It certainly doesn’t outpace the not to engage in policy determination more people—seven families—that Bible in wisdom, and families shouldn’t or picking winners or losers through don’t have the income they need, and have to read 100-page booklets to fill the Tax Code and advancing social pol- they probably end up having to have out their tax return. I’m told if you icy through the Tax Code, but focusing some government assistance or having call the IRS one hour, you call the next on a Tax Code that raises revenue to to get help from their churches and hour, you call another hour later, you cover our lawful, legitimate govern- their neighbors. Those are the things will get a different answer every time ment expense as put forth in the that get lost. you call in, because even the folks who United States Constitution of a limited We can’t forget in this town that it’s are implementing the Tax Code, they Federal Government. not about us, that it’s not about spe- don’t know what the answer is. If we adhere to that principle and cial interests. It’s about the American Americans out there are just trying that goal, I am confident that both people and about getting this economy to do the right thing, trying to do their sides of this aisle will come together going again. I appreciate the oppor- fair share, Mr. President. Your IRS and achieve what could be one of those tunity to talk about that. The common agents can’t even tell them the right or historical moments in this Chamber goal of those of us sitting in the Cham- same answer. again where we set the country on a ber tonight is to get this economy The most fundamental purpose of the path to a more competitive and pros- moving again and to actually be com- Tax Code is to raise enough revenue in perous future moving forward. petitive internationally. I appreciate order to fund essential functions that With that, does the gentleman from your leadership on that, CONGRESSMAN fall within the purview of government. Kansas seek recognition? REED. You are doing a fantastic job I just got off a Skype phone call with Mr. HUELSKAMP. If I might ask you here tonight. fourth and fifth graders in Peoria, Kan- a question, Have you read the entire Mr. REED. I appreciate the gentle- sas. They had a lot of great questions. Tax Code? man’s comments, and I appreciate I thought the best question was from a Mr. REED. I’ve tried. I’ve read nu- those kind words. young man who said, Why are taxes so merous parts of it especially when I’m As we move forward, I’d like to bring high? Of course, he probably doesn’t up late at night and I can’t sleep. It a good friend of ours from Wisconsin pay much taxes. He probably heard seems like a panacea for those sleep- into this conversation. He has been a that at home. The answer I gave him less nights because it immediately puts stalwart down here on the House floor, was this: because we spend too much me back to bed. and has joined us numerous times in money, and on top of that, we borrow Mr. HUELSKAMP. It would probably these opportunities when we have a another $1.1 trillion under the Obama be my guess that there isn’t a col- chance to debate the issues of the day. budget. So not only are taxes high; league of ours that has read this Tax With that, Mr. DUFFY, it is an honor they’re still borrowing money so they Code. Now, there are probably some to yield you time. can spend it. It comes down to how special attorneys in this town that Mr. DUFFY. I appreciate the gen- much we spend. claim to have read that whole Tax tleman from New York for yielding. I think we can agree that Washing- Code. As you mentioned, how many As we talk about these issues—and ton’s problem isn’t not enough rev- pages? I’ve been listening today as my col- enue, it’s too much spending. Mr. REED. Seventy thousand. leagues have been discussing the tax

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.061 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2113 policy—if you take a step back, if you country. That’s a problem. We find our- not guaranteed to make anything on look at all of the different rules and selves in a situation in America where that $100,000. Actually, you might lose regulations and bills that have taken one party is asking for a more competi- the whole investment—you might lose place over the course of the last 31⁄2 tive Tax Code that will encourage in- that $100,000—but if you’re lucky years, it’s a torrential rain. We have to vestment and growth in America. We enough or smart enough or savvy take it almost raindrop by raindrop, have the other side, which is the Presi- enough to make some money on that looking at each policy, each rule, each dent’s side, that encourages, under the $100,000 investment, we’ve said you law that has gone into effect. I want to auspices of fairness, that we increase should have a tax rate that’s a little take a moment to step back from the taxes. bit less than that which is guaranteed tax debate and first start with the con- As I talk to people back at home, in the salary. So we have a little less of versation in regard to the budget be- these conversations oftentimes come a tax rate on investment income. cause I think most Americans that I up, and I’ll ask my friends at home. I’ll But there is something else. We want talk to, they are very nervous about say, Listen, if you look at businesses in to encourage investment in America what’s happening with this ever-ex- America, can you name a few of them because we know, if you’re investing in panding government and ever-expand- that don’t pay taxes? Are there a few our infrastructure, in our manufac- ing debt. Many Americans know we businesses here that you can identify turing facilities, in our businesses, if owe now $15.6 trillion. They know that don’t pay taxes? we have investment, what happens? We we’ve borrowed $1 trillion every year Virtually everyone in the town hall create jobs. There is job growth in for the last 3 years. will shake their heads and go, Yeah, America when you have investment in So they will step back and go, Well, yeah. I can name that business that America, and we want to make sure what’s the plan? How do we address doesn’t pay taxes. this is a great home for investment. If this really difficult problem? So I’ll ask them, Well, if you want you raise the taxes on investment, you I know a lot of the moms in my dis- that business to pay taxes, if you were will get less of it. Let’s make sure we trict are concerned about who’s lending just willing to raise the tax rate from have a great investment tax rate so us that money. Ask the Chinese. 35 percent up to 40 percent, which is money around the world wants to pour They’re concerned about their kids what the President wants to do, will into this country and wants to take ad- that they’re raising so well, are edu- that business that’s in your head that vantage of one of the best workforces cating so well. What kind of an Amer- doesn’t pay taxes now pay taxes if you in the world, which is right here in ica are they going to grow up in? just increase the rate by 5 percentage America. So they say, Listen, what kind of points? One other point I want to make be- budget are you going to have? How are No. The Tax Code is broken—for gen- fore I yield back to the gentleman is you going to fix it? erations, long before I got here. I was that there are a lot of people who talk If they were to look to the Senate, riding my trike when people were carv- about raising taxes to bring in more they would look and see that for the ing out special interests in the Tax revenue. I think it’s important that past 3 years the Senate wasn’t willing Code. There are 70,000 pages in the Tax we’re very clear: that when people are to pass a budget, that they weren’t Code that are for special interests, spe- talking about raising taxes to bring in willing to put out a plan on how they cial loopholes. The people of my dis- more revenue in order to pay down the would deal with this daunting issue trict don’t take advantage of those debt, that’s not what’s happening. Peo- that this country faces. If they were to 70,000 pages. It’s for the special inter- ple are asking to raise taxes to spend look over to the President and ask the ests that come to this town day after more money. There is no effort to re- President, How do you deal with this day and ask to carve themselves out. duce spending in this town. Those who cancer that is growing in America, What have we done? We in this House want to increase taxes want to spend which is our debt? How do you deal have said that’s not fair; that’s not more—they don’t want to spend less— with it? I think they’d say, Well, Mr. right. but if you want to actually bring in President, you’ve given us a budget, Let’s carve them all back in. Let’s more money to the Federal coffers, you but it’s a budget that never balances. reduce the complexity of the Tax Code, should look at the tax history, because It’s a budget that includes all the tax bring all these people back in and every time we’re raising tax rates, increases you’ve ever discussed, but it make them, yes, pay their fair share. there is not a correlation in bringing doesn’t balance. It’s a budget that What we’ve said that we can do is take more money into the Federal coffers. we’ve brought to this House floor, and the top rate from 35 percent and bring it was such a political document that it down to 25 percent, and then the b 1820 doesn’t accomplish the goals that the other rates down to 10 percent. If you Raising tax rates doesn’t mean more moms and dads of America want ac- do that by eliminating all the loop- money. What does mean more money complished that not one Republican or holes in the code, you’ll bring in more into the Federal coffers is a growing one Democrat voted for that budget. revenue, and it will be fair. Doesn’t economy. If you can grow your econ- We need real ideas to be put on the that make sense? Raise and raise omy, if you can put your people back table, and we need bold leadership to doesn’t accomplish it. Reforming the to work, more people pay taxes. address the large issues that we face in Tax Code is where we have to go. Let’s If more people pay taxes, more this country. For the last 2 years, the get a bipartisan group together, carve money comes into the Federal coffers, House Republicans have given that out those special interests, reduce the and we have more dollars to pay down bold leadership. We’ve been willing to rates, and make us more competitive. our debt. Not only that, there’s less put ideas on the table on how we fix We hear a lot about the Buffett tax, people on food stamps and energy as- the great problems of our generation. right? It’s a tax on investment income. sistance because they have a job. I’m proud of our freshman class, and Listen, there are two different kinds of This is some commonsense reform I’m proud of our House Republicans for income. You have the income that you that this group in the House is talking willing to step out and lead. Part of get from your salary. Your salaried in- about. If we could just implement it, that leadership has been the reform of come, that’s taxed at a certain rate. take the weight of a burdensome Tax our tax system, of our Tax Code, mak- You’re guaranteed to get that every Code off the shoulders of our entre- ing it more competitive and more fair, week or every 2 weeks because you put preneurs, our job creators, and our in- and I want to talk about that a little your 40 or 80 hours in, and that pay- vestors, we can see expansive growth, bit, which is the conversation tonight. check comes to you and you’re guaran- explosive growth. I think many Americans may not teed to get it. But there is also invest- I look forward to being part of a know this, but as of April 1, April ment income. In America and around team who is willing to engage in a Fool’s Day, we had the highest cor- the world, investment income is taxed great debate to make sure we are again porate tax rate in the industrialized at a little bit of a lower rate. the most competitive and best placed world, and that’s because the Japanese You say, Well, why? Why would that in the country to invest. on April 1 were the last ones to lower be taxed at a lower rate? The reason Mr. REED. I thank the gentleman their taxes, making us the highest tax is—let’s say you invest $100,000. You’re from Wisconsin for joining us and the

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.063 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2114 CONGRESSIONAL RECORD — HOUSE April 25, 2012 sentiment and the words that you have to the gentleman from Georgia; but This great savior of all that’s good expressed. As we go into the election knowing his reputation and his words that ails us in this country, President and as we go into November 2012, I around this town, I’m sure we are going Obama’s Buffett rule, had it been in think what we are articulating on the to hear a little bit about that. place this year, and not just this year House floor tonight as we are having With that, I yield to the gentleman but the next 250 years, it had raised this conversation about tax reform is from Georgia. that revenue, it still would not have that there are some differences that Mr. WOODALL. I appreciate my balanced the budget from last year, the American people are going to be friend from New York for yielding. just the budget gap from last year. We able to choose between. You are absolutely right. I have some have all this nonsense in a political One of the fundamental differences, Fair Tax passion. I believe that there is year. when it comes to tax policy, is I see a a better way to create a United States But what we’re getting out of the base philosophy differential between Tax Code, and I believe the Fair Tax is Ways and Means Committee—and I my colleagues on the other side of the that. H.R. 25, for folks who haven’t know my two friends from the Ways aisle from the Democratic Party and read it. But the truth is I came down and Means Committee wouldn’t brag those of us on this side of the aisle in here tonight because I knew that we on themselves, so I’m going to brag on the Republican Party, and that base were going to have that debate of ideas you for you. We have had more serious differential and philosophy is what I that you’re talking about. I mean, hearings about fundamental tax reform hear from my Democratic colleagues whether it’s your leadership on this in this Ways and Means Committee on the other side of the aisle when they Special Order, whether it’s the enthu- over the last 16 months than we’ve had propose such things as let’s increase siasm my friend from Wisconsin brings in the last decade. This is a committee taxes on the top 2 percent or this group to the floor, we’re talking about the that, by virtue of simplifying the or that group. It’s a fundamental be- challenges that we face using a dif- American Tax Code, is going to undo lief, I would submit, that they believe ferent language than we’ve used in this the work of the Ways and Means Com- body before. This is a floor that has that that money is better given to mittee for decades and decades and been taken over by freshmen here to- them here in Washington, D.C., to then decades in the past. They’re doing it night. This is an institution that’s been dole out as they in Washington, D.C., not to exploit the power of their posi- taken over by new ideas. I don’t mean feel is appropriate. tion; they’re doing it to help grow the just new freshman ideas; I mean new The philosophy on this side of the American economy. aisle that I am firmly committed to, ideas from all aspects of this institu- As an alternative to the Buffett rule, and I am sure many of my colleagues tion. I have brought down a chart to dem- I hear my friend from Wisconsin here tonight are firmly committed to, onstrate what happens in today’s Tax talking, and he comes from a competi- is that that money is the individuals’ Code. My friends on the Ways and tive district. There is all this talk money, it is the American citizens’ about these rabid freshmen, crazy Re- Means Committee know it all too well. money. They are the ones who earned publicans. The people of Wisconsin, But in today’s Tax Code, the folks who it. They are the ones who punched the they can choose anybody they want. have the money benefit from all the clock around the hour—24/7 or 8 o’clock They don’t have to choose Republican. loopholes and exceptions and exemp- in the morning until 4 o’clock in the They can choose a Democrat. They can tions and carve-out. Of course they do. afternoon or midnight till 8 a.m. They choose an independent. They can It makes sense. I will tell you, the are the ones earning that money, and choose anybody they want, and they folks who have the money are the ones that is their money. The more that we choose him. who are paying the taxes, so it cer- can keep that money that they earned His message is not: Look what I am tainly makes sense that they are the as citizens and individuals in their going to go to Washington and get for ones benefiting from the carve-outs. pocket, they will do the right thing. you. His message is: We don’t need a We have a choice of two futures here. We believe in the individual. subsidy here because we’ve got the We can either implement the Presi- From the arguments that I have hardest-working workforce in the dent’s Buffett rule, which again, by heard from my colleagues on the other world. His message is not: How can I simple mathematics, will have abso- side of the aisle, I would say that they give you an unfair advantage over your lutely no effect either on growing the differ in that opinion. They truly do neighbors? His message is: How can we economy or paying down the deficit, or believe that Washington should be the make the American economy the most we can simplify today’s Tax Code to judge of where those resources go, be- competitive economy in the world, be- make it flatter and fairer. cause for some odd reason they sit here cause if we do that, the American That’s what my friends on the Ways in Washington and try to come up with worker will succeed because we work and Means Committee have been work- one-size-fits-all answers to the prob- harder, better, and longer than any- ing on, Chairman DAVE CAMP and the lems of the day. It fundamentally is a body else on the planet. That is a dif- rest of the committee, in ways that I philosophy that that money is Wash- ferent take on what happens in Wash- have never seen before, with a sincerity ington, D.C.’s money and not the indi- ington, D.C., and it’s a different take that I have never seen before. You’re vidual’s. on what happens in the Tax Code. absolutely right, and I appreciate my My colleague from Georgia (Mr. I know my friend from New York sits friend from New York for saying it. WOODALL) is a strong advocate of the on the powerful Ways and Means Com- They’ve said, Bring all comers. Bring Fair Tax proposal that’s been out there mittee, as does my friend from Ten- all comers. We’re not the smartest peo- and that’s being debated. That is one of nessee, and you have to have a Ways ple in the room. If the idea comes from the things that I have to say about this and Means Committee. For folks who Lawrenceville, Georgia, bring it. If it freshman class is that we have changed don’t sit on that committee, they’re comes from Seneca, New York, bring the culture of Washington, D.C., and the ones who write all the Tax Code. it. If it comes from Chattanooga, Ten- that we are going to allow all alter- The Tax Code is a complicated thing to nessee, bring it. We want all the ideas, natives to be on the table and have an do. and we’ll just let the chips fall where open and honest conversation with all What this Ways and Means Com- they may. That’s what’s different in of America about reforms that are mittee is doing—and it’s important to this town. going forward and then going forward be said because this is an election year, I say to my colleague, what is dif- in a way that solves our Nation’s prob- and a lot of crazy things happen in an ferent in this town with this Repub- lems, and everyone will be given a fair election year. There are crazy things lican class is we don’t have to rig the shake to express those ideas. like people supporting a Buffett rule to game to get to the outcome. We just I’m sure my colleague from Georgia solve deficit problems, a rule that if it bring the debates to the floor. Bring is rising today to offer his insight and had been in place this year and col- the facts to the floor. Let the facts his proposal as to an alternative to the lected that same amount of revenue for speak for themselves. And then guess income tax structure that we presently the next 250 years, it still would not what. Have a vote. If it’s a good idea, it exist under, and that would be the Fair have balanced the budget from last wins, and if it’s a bad idea, it loses. We Tax. If I’m wrong on that, I apologize year. That’s right. see both of those happen on this floor

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.065 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2115 every day, and the Ways and Means Georgia on the Budget Committee, be- you from growing your business, and as Committee is leading in this tax proc- cause I know there was some political a result of that creating more jobs? Ob- ess. heat put on that Budget Committee to viously, when people have jobs, they This would have been a great year for back away from coming up with a have money in their pocket. And what the Ways and Means Committee—put- budget that we could stand for in this do they do when they have money in ting my political hat on for a mo- Chamber. But we took the stand and their pocket? They spend that money. ment—a great year for you all to play you took the stand as part of that And they spend that money to buy some sort of game with the Tax Code. Budget Committee to say, You know other products and services, which I have seen it happen in Congresses what, we’re not going to engage in the means that the economy grows. past. politics of old. We’re not going to be And what they tell me is there are b 1830 afraid to lead. Because the problems really three things. One, they feel like that face us in America today are gen- they don’t know when a new mandate Oh, this is going to be good for re- erational. They are the same level is going to come down, such as the election. We’re going to go do X, Y, or threats that generations before us health care. And that’s going to cost Z. It’s not going to happen. It’s not faced. them money. They also don’t know going to be real. But we’re going to And that most recent example, pos- when we’re going to put another regu- play the game. The folks on this com- sibly, that jumps to the top of my mind lation on them. And many of the busi- mittee this year, the freshmen in the is World War II, when the real fate of nesses are very burdened by regula- body this year, would rather lose in the American Government, the Amer- tions that, frankly, those are not the November, having tried each and every ican symbol of freedom and democracy, same regulations that you see when day to do the right thing, than win in was at risk with a threat from Europe they do take their businesses offshore, November, having played the game the with fascism and the expressions com- which means we are just driving them way it’s been played for so many years. ing out of that area of the world. And offshore. So serious is the effort in the Ways what did America do? That’s the his- And the third is the one we’re here and Means Committee that it was in- tory lesson that I bring to this Cham- tonight to talk about, and that is tax. cluded in the House-passed budget this ber tonight. We have heard in a number of our hear- year—flatter, fairer rates, eliminating American leadership, our President, ings in Ways and Means that all the exemptions, loopholes, carve-outs—all our leaders did not look to divide way from the corporate tax down to of those things that the American peo- America on that issue. That leadership the individual tax and the pass-through ple look at and lose faith in this body. led by uniting America to come to- tax that many of our small businesses You’ve stood up to them all. You’ve gether to face the generational threat use that they are willing to give up stood up to them all in the Ways and and survive so that the America that those deductions and loopholes that Means Committee. We’ve stood up to they had could be passed on to our gen- are currently in the Tax Code to get them in the Budget Committee to say, eration and this generation and grand- something that is fairer, flatter, and No more. There’s a better way. And children’s generations to come so they simpler. we’re going to share with the American have the opportunity to succeed and This Tax Code has not been reformed people. take care and live that American in 25 years. What it has had is a lot of I appreciate my colleague for taking Dream. It is time for our Nation to on the time tonight. And I ask him to things that have been added to it. And come together, not be divided. And I with everything that’s added to it, it commit this chart to memory. I say to am very confident because I have faith all my other colleagues who might be only complicates it more. But it does in the American individual that come something else. It picks winners and watching back in their offices that on November, 2012, the American people budget.house.gov, you’ll find myriad losers. And by having a tax reform that will make the right call. And between would make things fairer, flatter, and charts to talk about all the things that the choices that will be clearly articu- my friend from Wisconsin discussed simpler, we wouldn’t be picking win- lated between both sides of this aisle ners and losers. It is far too com- and my friend from Kansas discussed we will see what needs to be done, and and my friend from Florida discussed. plicated. the right decisions will be made, and Most of the American people don’t It will lay them out in easy-to-see and we will overcome this generational cri- visualized ways. realize that the United States has the sis that faces us in our national debt highest corporate tax in the world as of But if we want to get a handle on and this economy that has bogged what’s happening in America with the April 1, when Japan lowered their cor- down in stagnation, debt, doubt, and porate tax. I don’t know that we want discrepancies—call it fairness, call it despair. And we will overcome it, be- economic growth, you name your ill—a to be very proud of this, but we became cause failure is not an alternative. the country that has the highest cor- flatter and fairer tax code is the begin- With that, I’d love to yield to a great porate income tax. Talk about driving ning of that solution, it’s not the end. lady on the Ways and Means Com- people offshore. But the Tax Code was not designed to mittee, a fellow freshman and a good So in our tax reform we bring the implement social policy. It was de- friend, Mrs. BLACK from Tennessee. signed to collect revenue so that we Mrs. BLACK. Thank you for yielding corporate income tax down to a level can run the national defense of this to me. I want to thank you as a fellow that is an average for all of the coun- country. And if we get back there, the member of Ways and Means and a tries that we do trade with and that we American economy and the American freshman for bringing us together to- are in competition with, and we bring taxpayer is going to be the beneficiary. night for this Special Order. This is it down to 25 percent. We do something I thank my friend for his leadership such an important issue, and the Amer- that makes sense. It’s a commonsense tonight. ican people really need to hear that reform. Likewise, when we take a look Mr. REED. I so appreciate the gen- there is a choice. There’s a choice be- at our other businesses that are not the tleman from Georgia and the expres- tween a system or a plan that is going large businesses that are corporations, sion and sentiments you bring to the to take more money out of the pockets but the small businesses—and about 60 floor and the passion that you bring to of our hardworking taxpayers or one percent of the small businesses are the floor on this issue and all the that’s going to put more money in pass-through. That means they’re in issues that you bring to our attention. those pockets and make a system that the individual tax system. And you are so right. We are com- is fairer, flatter, and simpler. Am I hearing that we’re out of time? mitted to having an open and honest As I traveled throughout my district Mr. REED. We are coming to our end debate with all of America, because the over the last 16 months now, I’ve con- of time. American hardworking taxpayer de- tinued to hear from my businesses in Mrs. BLACK. If I may then just con- serves no less. particular that there’s so much uncer- clude with a couple of words. We are here to do what needs to be tainty out there. And I ask them, What Mr. REED. I would be honored to done. We are here to lead. And that’s is the uncertainty? What is it that’s yield to my colleague from Tennessee why I appreciate my colleague from keeping you awake at night that keeps for her closing.

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.066 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2116 CONGRESSIONAL RECORD — HOUSE April 25, 2012 The SPEAKER pro tempore (Mr. ally reduced the Social Security with- elements that lead to a growing econ- YOUNG of Indiana). The time of the gen- holding tax to half of what it was in omy and a just society are in place. tleman from New York has expired. previous years. So let’s understand Let’s talk specifically about education. f that every American worker pays In the previous Congress, the Demo- taxes. crats took up education and said this is MAKE IT IN AMERICA Now, the income tax issue is another a fundamental element in economic The SPEAKER pro tempore. Under matter, and we’ll come to that in a few growth and social justice. The oppor- the Speaker’s announced policy of Jan- moments. But Americans who work tunity to get to the middle class is uary 5, 2011, the gentleman from Cali- pay taxes. Let’s not forget that in this largely dependent upon the education fornia (Mr. GARAMENDI) is recognized discussion. In any case, labor is a that a person is able to receive in the for 60 minutes as the designee of the major issue. K–12 system and in higher education. minority leader. This issue of education is now very Specific steps were taken for those in Mr. GARAMENDI. Mr. Speaker, I much being discussed in America, and I low-income communities whose schools want to thank the leader for the oppor- want to really focus on that during this are unacceptable. Specific money was tunity to take this hour to discuss 1-hour discussion. Research is critical put to those schools through the title I some extremely important issues here to the future of America’s economy programs so that they could raise up in the United States. We’ve just lis- and, finally, the infrastructure upon the standards of education and provide tened to an hour discussion on taxes which all of this is built. These are the those who do not have the family sup- with actually very, very little speci- issues that the Democrats have taken port and those that do not have the ficity as to whose taxes are being cut up in building and restarting, re- economic support to be able to get a and exactly what those tax cuts would igniting the American Dream, re- decent education in K–12. mean to the American economy and to igniting the American Dream so that Much, much more needs to be done. the people of America. men and women in this country can get But that was put in place by the Demo- Normally, when we take the floor, as a decent job, earn enough to be in the crats in the last Congress. we do most every week on the issue of middle class and raise their families, Take a look at the blueprint that own a home if they want to own a the American economy, we talk about passed this House not more than a home, take a vacation when they want making it in America and rebuilding month ago, the Republican blueprint to have one, and be able to have health the great manufacturing industry. for the future—cut title I, pull that care so they needn’t worry about bank- We’ve seen over the last 20 years that money away from those low-income ruptcy which is, in this Nation, caused the American manufacturing industry communities where the necessity of more than 60 percent of the time by has declined by some 40, 45 percent, education must be available to every health care and health care problems. one of those students. Higher edu- from just under 20 million Americans So trade, taxes, energy, labor, edu- cation, another example, in the pre- in manufacturing to just over 11.5 mil- cation, research and infrastructure are vious Congress, controlled by the lion. In the recent months, we’ve seen the key issues in reigniting the Amer- Democrats in this House, the Senate a resurgence of the American manufac- ican Dream and rebuilding the Amer- and the President, there was a signifi- turing sector, but nonetheless it is still ican economy. cant improvement and expansion of the very, very small compared to what it Tax is a major portion of this, and I Pell Grants. This is money given to once was. don’t want to forget about taxes. We low-income and middle class families b 1840 just heard this 1-hour discussion about to assist them in going to higher edu- it. The question is, who is taxed and If we’re going to rebuild the Amer- cation. who gets the tax benefits? Less than a ican economy, we do have to rebuild Expansion, yes. Community college month ago, our Republican colleagues the American manufacturing sector. and part-time students for the first put on the floor of this House their I’m going to come back to this tax time were given the opportunity to get blueprint for the American economy, debate here very, very quickly; but I a Pell Grant so that they can improve their blueprint for how we are going to think we ought to put it in the context themselves in the community college use government or reduce government, or in higher education 4-year programs, of what taxes mean to the American their blueprint on how we are going to economy, which taxes can be cut and from a little over $4,000 to $5,500 in- raise the tax revenue necessary for the crease as well as an expansion of those which could be raised. operations of the government. The key issues in building the Amer- who were eligible. This is very impor- Very, very interesting because, es- tant in providing the educational op- ican economy are here on this chart, sentially, what they have done is to portunity that students must have if taxes being one of the second pieces. take money away from education and they’re going to succeed in a highly But the rest of them are also impor- give money to the wealthiest of Ameri- competitive world economy. tant: international trade issues, for ex- cans. Those who earn more than $1 mil- Secondly, interest rates on student ample, how do we deal with China and lion a year would, under the Repub- loans, almost every student now at- the China currency issue; how do we lican blueprint on taxes, pay less and tending school, higher education, takes deal with the importation of extraor- less. Actually, they would see a tax re- out a loan. The interest rates on those dinary amounts of material, equipment duction. Remember, those whose ad- loans were over 6.5 percent. and goods while at the same time ex- justed gross income is over $1 million a Now, we did two things as Demo- porting even less and less; how do we year would pay less taxes. They would crats. We took away from the banks, deal with that? The energy issues are get a tax break of $394,000 a year, min- who were ripping the students off, the exceedingly important if we’re going to imum. student loan program, and put it back rebuild the American economy. Labor Now, if you’re a billionaire, the tax into the government, saving billions issues, how do we prepare the Amer- cut would be in the millions and mil- upon billions of dollars every year; and ican labor market? That is the men lions of dollars. Is that fair? I think then reinvested that money back into and women that work in America. not. We just heard Fair Tax on the lowering the interest rates for the stu- Oh, by the way, I heard something floor. I must tell you that the Repub- dents. Not a bad thing, from a 6.5 or 6.8 here from my colleagues on the Repub- lican proposal, in their blueprint, voted percent interest rate down to a 3.4 per- lican side that just drives me crazy. out of the House of Representatives, cent interest rate. All of this is de- When they say that half of Americans now the blueprint for the Republican signed to make it easier for students don’t pay taxes, then they say, oh, we action on this year’s and future budg- who have to take out loans to be able mean income taxes. Let’s understand ets and appropriations would reduce to pay back those debts over time. that every American worker up to the taxes for millionaires by $394,000; We also did a couple of other things those who earn $106,000, pay 6-plus per- for billionaires, millions and millions for students who had taken out loans, cent—almost 7 percent—excuse me, 8 of additional reductions in their taxes. low-income and middle-income fami- percent—of their total income in taxes. That is not fair. lies. We changed the way and the tim- That’s the withholding tax. By the What we on the Democratic side have ing in which the loans needed to be re- way, it was the Democrats who actu- proposed is to make certain that the paid. We said, you’re going to have to

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.068 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2117 pay no more than 15 percent of that Now, joining me is a gentleman from ones that would start their own busi- loan each year of your discretionary the great State of Michigan who rep- nesses, be entrepreneurs. That’s how income, that is, the income over and resents Detroit, who has been on this you build jobs and create financial se- above food, shelter and clothing, giving issue from his very first day here in curity for not only our families, but students a longer period of time and Congress. also economic security for our country. having to devote less of their money to HANSEN CLARKE, I know you want to But many of our borrowers right pay back the student loans. My col- jump in, so have at it. now, they can’t take the risk of start- league who will be joining me in a few Mr. CLARKE of Michigan. I want to ing their own business, even starting a moments will discuss this in more de- thank my colleague, the gentleman family—let alone buying a home—be- tail. from California (Mr. GARAMENDI), for cause of student-loan debt. So if we can In addition to that, we made it pos- yielding me time. keep that debt as low as possible, that sible for the educational system to re- My message to our colleagues in the will help stimulate our economy. It’s a ceive additional money for this funda- House of Representatives is very clear great job-growth stimulus. mental economic development called and direct: we’ve got to continue to cap Mr. GARAMENDI. You’re exactly research. We increased the research for student loan interest rates at 3.4 per- right. I’ve had my kids graduate from health care, for mental health, for agri- cent. college. Fortunately, they didn’t have culture, and for energy. All of those Student-loan borrowers and their to take out student loans. We gave things are the essence of today’s and families should not have to pay more them 4 years, and the fifth and sixth tomorrow’s economy, research being on their student-loan debt. The Presi- year they were on their own. necessary. dent has done all he can do right now But the student loans across this Na- Now, what did the Republicans do? In to help bring relief to our student-loan tion, right at $1 trillion now, the dou- their blueprint, voted on by 100 percent borrowers. Now it’s time for Congress bling of the interest rate, which was in of the Republicans, this was their to act, but Congress has to do more. We the Republican budget blueprint, will budget, sometimes called the Ryan Re- need to reform the system. We’ve got stifle the economy. As those kids grad- publican budget, every one of those to change the system. That’s why I uate, they have to pay off that loan im- things that we put in place to assist wrote and introduced the Student Loan mediately, not just, as we propose, 15 students in getting an education was Forgiveness Act of 2012. It will help cut percent of their disposable income, but dramatically and drastically reduced, student-loan debt, free up borrowers’ even a higher percentage. That’s while at the same time taking money money so they can invest it on their money that they cannot use to buy a away from students and handing that own. That’s a real economic stimulus car. They’ve got to pay the bank. money to the oil industry and to the that will create jobs here in this coun- That’s money that cannot be used to millionaires, the multi-millionaires, try. start a home or buy a refrigerator or the billionaires. So I want to thank you again, Mr. any other economic activity. Unneces- Remember, the minimum tax reduc- GARAMENDI, for yielding me time. sary. tion for millionaires is $392,000 a year, Mr. GARAMENDI. Well, thank you Now, we can’t allow that to happen. while at the same time taking money very much. So what we need to do—and here it is, out of the pockets of students, increas- Let’s stay on this student loan issue this is a ticking time bomb for the ing—not just increasing—but doubling for a while here. This is the reality of American economy. This is a ticking the interest rate on student loans from student loans. The debt levels, accord- time bomb for the American economy. 3.4 to 6.8 percent, costing every student ing to the Federal Reserve Bank—and After today, there are just 66 days left more than $1,000 a year in additional some of this has just been recently up- before the student loan interest rate interest payments on their loans. dated—student loans comprise a larger doubles to 6.8 percent. Is action being That’s the average. portion of the personal debt in America taken? Mr. CLARKE, you have a bill in. b 1850 than credit cards and auto loans. Actu- The Democrats have proposed a bill Now, those that are above average, ally, the number recently, just in the that would keep the student interest that number is going to go much high- last couple of days, has risen to about rates where they are now, 3.4 percent, er. $1 trillion of outstanding student loans and pay for that by reducing the sub- Pell Grants. Reducing the Pell in the United States. The auto is about sidy that every American taxpayer Grants, eliminating from the oppor- $700 billion, and then the auto and gives to the oil industry. Over $12 bil- tunity to get a Pell Grant more than 1 credit cards about $700 billion. So we’re lion of our tax money—your tax million students over the next 10 years. talking about a huge amount of out- money, the public tax money—now Nearly 400,000 students in the United standing money. When you double that goes to subsidize the wealthiest, most States would immediately see a reduc- interest rate, you’re hitting right at successful, most profitable industry in tion in their Pell Grants in the year the gut of every student and those who the world, the oil and gas industry. ahead, and 100,000 not being able to get have graduated. When you combine So we would propose that the Big 5 a Pell Grant at all. This is economic that with the Republican blueprint of that get more than $5 billion a year in fairness? I don’t think so. This is wise immediately requiring a larger pay- your tax money to subsidize their fat economic policy? I don’t think so. ment on graduation, you’re really sti- profits, which over the last decade have Giving to the wealthiest 1 percent in fling the economy. been more than $1 trillion—yes, that’s this country an enormous tax break I know you’ve wanted to talk about right, more than $1 trillion of profit, and taking it directly out of the pock- this, Mr. CLARKE, about the way in and you’re adding $5 billion a year of ets of students is bad economic policy, which the Republican proposal would your tax money to their already-sub- it’s bad policy for education, and it will actually slow down the economy by de- stantial profits. We would take back not reignite the American Dream. In nying—well, go ahead. You and I were that $5 billion and use it to reduce the fact, it will stifle that American discussing this earlier. interest rate on student loans. Dream, and we will not stand for that. Mr. CLARKE of Michigan. Thank you Now, the Republican proposal: let’s We Democrats are rising up and saying, again. And you’re absolutely correct. If understand, this is a big issue across no, no, we’re not going to do this. we keep the student loan burden low on the United States. It’s erupted on col- We’re not going to give to the super- our borrowers—I mean, it’s not low; lege campuses. There is outrage. There wealthy—the billionaires and million- many student-loan borrowers are pay- is concern. The Republican budget that aires—while taking money away from ing like $1,000 a month on their loans. came out of this House less than a the students of America. But the more that our borrowers can month ago has hit the stone wall. The This is an important issue. This is keep their money and invest it, start public doesn’t like it. And so today, not only an issue about economic fair- their own businesses—think about it, just late this afternoon, a proposal ness; this is an issue about growing the our students, our graduates are the came from the Republican caucus to American economy. We know where we ones that have the ambition and the introduce a bill to not double the inter- stand. We stand for educating the discipline to be able to go through est rate. Good. Well, how are you going workforce so that they can compete. school, to graduate. They’re likely the to pay for it? Interestingly, you know

VerDate Mar 15 2010 01:53 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.070 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2118 CONGRESSIONAL RECORD — HOUSE April 25, 2012 how they’re going to pay for it? loan according to their income. So if able to have their money to invest, in- They’re going to take money away they’re not making that much money, vest on starting their own businesses. from seniors. In the Affordable Care they don’t have to pay much money. I’m from Detroit. Our city was built Act there is a provision that allows Specifically, my bill would allow bor- up. We built up this country’s economy seniors to get free check-ups, free pre- rowers to pay 10 percent of their discre- because of entrepreneurs who were able ventative check-ups. tionary income each year, and once to pursue their dreams. Now the very So the Republican proposal doesn’t they do that for a 10-year period, the people that we have trained to pursue go to the millionaires, doesn’t go to remainder of their Federal student their dreams can’t do so because of stu- the billionaires, doesn’t ask them for loans will be eligible to be forgiven be- dent loan debt. That’s outrageous. any sacrifice. Instead, it says, oh, yeah, cause we want to free up the borrowers’ Congress, keep student loan interest we made a mistake on doubling the in- money so they can now invest it, in- rates at 3.4 percent. Cap those rates. Do terest rates, and we’re going to pay for vest it on starting a business, invest it it now. it by taking the money away from sen- on buying a home, starting a family. Mr. GARAMENDI. I thank you, Mr. iors and their health care. What in the All of that will help create jobs. CLARKE. The clock is ticking—not the world are you doing? What are you You see, cutting student loans, keep- Clarke clock, but the clock is ticking. doing? Why would you do that? Why ing the student loan debt low, as low as Sixty-six days before the student loan would you take from the poor and sen- possible, that’s an economic stimulus interest rates double. iors more money and give it—while for all of us. It makes our country We had a long conversation here keeping the millionaires, the billion- stronger. It creates jobs. about tax policy from our colleagues aires and the oil industry whole? I Many of us told our kids, and we were on the Republican side. They didn’t don’t get it, but that’s their proposal. also really taught by society, you happen to mention the burden that’s Our proposal is to go to those that know, if you work hard, if you study being placed on students if we fail, and have extraordinary success, the oil in- hard, if you go to school, if you even they didn’t talk about their proposal to dustry, and say: after a century, after a borrow money to get your degree and take the money away from seniors and century of subsidization by the Amer- graduate, you’ll live a better life. continue to provide support for the ican taxpayer, we’re going to reduce You’ll likely make more money. superwealthy and the oil companies. that. We’re going to take that tax Well, because of student loan debt, Joining me on this conversation is a money back and we’re going to make because it’s grown so much, because of gentleman who was the chairman of sure that the students of America do the prospect also of interest rates the Labor Education Committee, now not see a doubling of their interest going back up, the American Dream the ranking member, has been an advo- payment on their student loans. that was supposedly created by the cate for students and education for I yield to the gentleman from Michi- availability of student loan debt has more than 30 years here in the Halls of gan. now become a nightmare to many bor- Congress, a gentleman that was largely rowers. And we’ve got to cut this debt. responsible for those improvements 1900 b This is the real debt, my colleague that I talked about early in this discus- Mr. CLARKE of Michigan. Thank from California, that we need to cut, sion. Congressman GEORGE MILLER and you, Mr. GARAMENDI. And the other because this is the debt that really I have the pleasure of representing point that you’re making about stu- costs us jobs. We need to cut student Contra Costa County. We’re neighbors. dent loans and capping these interest loan debt. We can take that initial step We’ve worked together these many, rates, how they’ll create jobs, that’s right now by keeping student loan in- many years. I’m absolutely delighted absolutely right. When our borrowers terest rates on Stafford loans at 3.4 that you came to join us here tonight. are freed up to not have to pay these percent. That’s the first step. No one knows more about this than high interest rates, that will create Now I’m asking the American people, you do, Mr. MILLER, so let’s discuss jobs. demand that Congress reform the stu- this with the American people. Now, some people say, well, the stu- dent loan system. Let’s change the sys- Mr. GEORGE MILLER of California. dent loan borrower signed the student tem. Let’s make it affordable for ev- Thank you very much, JOHN. Thank loan agreement that had the high in- eryone to be able to get a decent edu- you for taking this floor time for this terest rate on there so they should pay cation and to repay that money back. debate, and thank you for the effort that interest rate, but this is the main So again, I thank you for giving me and the fight that you have led on point: Those student loans that our this opportunity to share this time making it in America, so that, once government issues to students and to with you and the American people. again, America makes things, once their parents to provide our students This is so important. again America has a robust manufac- with a way to get their education when You know, many times in this body turing economy, whether it’s this they can’t afford to pay for that edu- we talk about we’ve got to cut taxes to iteration of manufacturing or the next cation, that’s not just to help that stu- stimulate the economy, that we’ve got iteration of manufacturing, that Amer- dent get a degree. Those loans are here to cut debt in order to provide people ica remains competitive around the to help our country become stronger. freedom. Well, what person in this world in making it in America for sale Here’s why. country can be free when they have to around the rest of the world. The more Americans that we have personally pay student loan debt that Nothing could be more important to who are properly trained, who are able will take them years or even decades, if sustaining our manufacturing base in to be productive and contribute to our ever they’ll be able to pay that off. this country, to sustaining our ability country to their fullest potential, And the reason why I say that is that at innovation and economic growth they’re able to create more jobs by I know senior citizens now who are that takes place as a result of that in- building the best products, by pro- still repaying their student loans. And novation, than the education of our viding the best services, by developing at their age, there’s no way they’ll be young men and women throughout this the best technology that can be sold able to pay those loans off. And it country. And nothing is more impor- worldwide. That helps our entire econ- doesn’t matter if they go bankrupt. tant to their well-being and their fami- omy. So these loans are to strengthen Going bankrupt doesn’t mean any- lies—and this is proven out every year our entire national economy. It’s not thing. The government will still come as we do studies, that years of college just for the borrowers’ benefit. after you for all the student loan and college completion are very impor- So that’s why we don’t want these in- money because you can’t discharge tant to the economic security of that terest rates to be so high. We want to your student loan debt in bankruptcy. individual and that individual and the put a cap on them. And in my bill, the It’s a cruel, unfair burden that cer- family that he or she may form later in Student Loan Forgiveness Act of 2012, I tain students’ loans are imposed on life. It pays huge benefits for them to allow virtually every student loan bor- Americans. We need to cut that bur- go to college, and that’s why we’ve rower to have a second chance to pay den. Cutting that burden is not only tried to make college affordable. lower rates on their student loan by al- fair, but it will create jobs for our Many of us are very upset with the lowing them to pay down their student country. We want our graduates to be costs of college, how the costs have

VerDate Mar 15 2010 04:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.072 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2119 gone up, have doubled in many ways go to 6.8 percent. In fact, there was a So where do we find the Republicans across the States. But the fact of the unanimous vote on the Republican side paying for their desire now to join the matter is, while we’re struggling with for the Ryan budget to let it go to 6.8 President and lower the interest rates the issues of cost of college and trying percent. to 3.4 percent? They wipe out immuni- to get the States to do more on behalf We think that’s wrong. We think zation programs for young children. So of the their public institutions, the that’s unfortunate for families in the children now, we’re going to send ei- fact of the matter is we have to make middle of this economic turmoil that ther less healthy children and children sure that college remains affordable for we’re coming out of in this country. with fewer immunizations to school young people. They need these assurances. We think and in our community, or those par- And that’s why, in 2007, we made a that interest rate should stay at 3.4 ents are going to have to pay for it and decision to lower the interest rates on percent. they can’t afford that. That’s why student loans so that it would be more Of course, we want to pay for it. Just we’re doing that. affordable for the students, not only to as we paid for it for the first 4 years, They also chose to knock out screen- go to college, but also then in paying we want to pay for it again. We believe ing programs for breast cancer. Once back the debt that they incurred be- that that should come out of the unfair again, just as the Affordable Care Act cause of the subsidized student loans. tax breaks that are extended to oil extends health care to women, stops And we made that effort, and we did it companies that cannot be justified making women a preexisting condition, on bipartisan basis at that time. And when the price of oil is $104 a barrel. that their gender denies them health President Bush signed that legislation They get the tax break when it’s $134 a care automatically under the current barrel. They get it when it’s $150 a bar- into law, and we put some of that insurance systems or makes it so ex- rel. We think that time has come and money into deficit reduction and into pensive that it’s very difficult for them gone, that the oil companies can con- reducing the interest rates. or their families, just as that’s within tinue to pursue the quest for oil and In 2010, we followed on with legisla- the reach of women, the Republicans the recovery, and we appreciate that. tion proposed by President Obama and take away the preventative care that The fact of the matter is price alone our committee and others to make sure extends that screening to millions of provides them the basis on which to go that we could increase the Pell Grant women across the country. out and seek out the hydrocarbons nec- so those students most in need, those Then, of course, the screening for essary for our economy and for the families most in need would have the birth defects for couples that are con- world economy at this time. cerned or that have been told by their Pell Grant as an underpinning of mak- So, this is about choices. Do you be- doctor that their child may have birth ing college more affordable. We contin- lieve the interest rate should be 3.4 per- defects or that the pregnancy may be ued with the subsidized student loans cent or do you believe it should be 6.8 with birth defects and the choices and to make college more affordable. percent? By a unanimous vote, the Re- the difficulties that they have to make. We went to an income-based repay- publicans said it should be 6.8 percent. ment system so that a student that But I have to tell you today, I’m But that screening is important in may be starting out in a good career quite excited, this dramatic turn of terms of early interventions, in terms but a bad entry-level pay scale as they events where the Republicans today of turning around the outcomes for begin that career will be able to pay have said that they want to keep the these children. back their student loan and also con- interest rates at 3.4 percent, and we So that’s where the Republicans tinue on with their life, and as they welcome that. We welcome the fact chose to get the pay-for, to go to those make more money, they pay more that when they saw the President out most in need, to go to those who have money. And it’s very important so that in the country talking to young people, been denied health care for generations they can choose a profession of their talking to parents, knowing that these because of their gender, because passion, not just the profession that parents and young people are going they’re women, and we all know in our yields the most money, because many through this process of figuring out family, in our friends, in our neighbor- of our students, the minute they heard how to finance their education, that he hood, in the communities we represent, about this program said, I can now be made a compelling argument that this what women encounter with breast a nurse, I can be a public health assist- interest rate should remain for the cancer and the importance of screen- ant, I can be a prosecutor, I can be a next year at 3.4 percent, that the Re- ing. Somehow they’ve decided that public defender, what their passion was publicans have come and decided that that’s how they will pay for reducing in life. They could be a teacher and they embrace that provision. the interest rate from 6.8 percent on now know that they could afford to pay I was excited when I saw their Presi- July 1 to 3.4 percent. back their student loans. dential candidate said he was for this. I urge them to join us and to pay for And the interest rate is very impor- I was excited this morning when I read this in essentially a painless way with tant at this time as families and young in the paper that the Republican leader respect to these unjustified subsidies people try to figure out what their in- in the Senate said nobody is against for the largest oil companies in the debtedness is going to be and how they this. Oh, yes, my friends on the other country. are going to pay for college, especially side of the aisle were unanimously It’s very important to the agenda, at this time of the year when young against this a week ago. But I think Mr. GARAMENDI, that you have put people are getting their acceptance no- the President sold this idea to the Na- forth, that you worked on before you tice from universities and colleges all tion and apparently sold the Repub- ever came to the Congress, and that is across the country, and now they sit lican Party, and we should welcome building up the jobs base, the manufac- around the kitchen table with their that because that’s in the interest and turing base, recognizing the contribu- families and say, How are we going to benefit and we should work together to tion that this economy can make to fu- afford this? What’s the debt we are make sure that this happens on behalf ture energy choices, to future transpor- going to end up with? And it’s an im- of families and on behalf of young peo- tation choices all across the board, and portant procedure for families to go ple. do it here in America. through as they think about this. But, of course, there’s always a kick- But we’re told even in a time of this But all of a sudden, now, we see that er when the Republicans do this: tragic recession that we do not have when the President submitted his Our choice is an unjustified tax cut enough skilled people to carry that budget looking forward to July of this to the largest oil companies in this mission out. We’ve got to build that. year, he asked that we continue to country and, in some cases, the world, We’ve got to educate these young peo- keep the interest rate at 3.4 percent. that we should stop providing these tax ple, and that’s what student loans subsidies to those oil companies. Their allow to happen for people who can’t b 1910 choice, unfortunately, is this: to wipe simply write a check for the education That’s very important. That’s the out and to repeal the preventative of their children, who simply can’t say, choice that President Obama made. medicine account in the Affordable well, I’ve got a deduction, that’s The choice that the Republicans Care Act, in the health care reform act, enough, that will take care of it for made in the Ryan budget was to let it to wipe that out. this year.

VerDate Mar 15 2010 04:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.074 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2120 CONGRESSIONAL RECORD — HOUSE April 25, 2012 Families struggle to try and accom- their food on the table, their family in cated workforce is the most important plish what every generation has, that the house, and pay the mortgage. Now, element in any economic strategy. It their children will live better, will con- it’s one of the most unfair tax policies was the American strategy in the fif- tribute more to America than we did in that I’ve ever seen in the many years ties, sixties, seventies, and eighties. It our generation. My grandparents that I’ve been involved in public pol- has fallen off, but Members of Congress wished it for me. My parents wished it icy. It goes well beyond that. like Mr. MILLER have maintained edu- for me, and they worked hard to pro- I want to also make just a couple of cation, not only in the K–12 and the vide it. points, and if you would just stick higher education system but in rein- But when you say now, oh, but, by around a second, I want to come back vestment in the workforce: making the way, we’re not going to allow for to the education of those men and sure that those men and women who screening for poor women who might women that are already in the work- are on the production line and those have breast cancer, we’re not going to force, but I want to make a point here. who have been laid off can go back to test for birth defects for young chil- Before we took up this 1-hour, our school, can get an upgraded education, dren, we’re not going to provide immu- Republican colleagues spent the hour can learn better skills, perhaps as a nization for young children, what are talking about tax policy. They over- welder, or as a computer technician, or they going to do, turn America into a looked their own tax policy, just went for all the other thousands of different Third World? with some very easy rhetoric about types of jobs. It’s being able to go back We struggle to get the same immuni- we’ve got to cut taxes and we’ve got to to school in the workforce investment zations into the hands of poor people make sure the job creators do not have programs, as well as in the Pell Grant all around the world because we recog- an additional burden. programs, that Mr. MILLER put for- nize the public health benefits, but ward. It is to allow community college b 1920 they’ve chosen this. students, part-time community college So, I’m excited that they’ve seen the It was and is a fact that it is the students, to be able to take out a Pell wrong direction that they were headed Democrats in this House who actually Grant. with the Ryan budget, the Republican put forward a very significant stimulus Let’s run through them. I’ve got seven of them up here, but there are budget, to double the interest rates on for business on tax policy. It was the five that are critical in any economic student loans. But I’m very, very con- Democrats who took and reduced the development strategy. Mr. MILLER has cerned that they decided that they taxes on businesses that invested in done the education piece and has led would extract the price from women America by allowing American busi- that fight. It’s education, research, and children once again, as they have nesses, big and small, to write off 100 manufacturing, infrastructure, and in the past in their budgets. percent of every capital investment making sure that you’re paying atten- So I urge that we can get this stu- that they made. That lasted for a year tion to the international world. So dent loan taken care of before the 66 until our Republican colleagues took those are the five that are there. days that you’ve put up there, before power here, when they reduced that Mr. MILLER, why don’t you help me this time bomb goes off in the very writeoff to 50 percent. Still good. Still good. It’s a better than the normal de- wrap up here, and then we’ll be on our middle-income and low-income fami- way, and we’ll thank the American preciation schedule, but that has stim- lies in America. public for listening to this discourse on ulated enormous investment by busi- Thank you again for making this how education policy fits in to growing nesses in improving their capital so time available for us to discuss this. the American economy and building up they could be more productive and in- We hope we’ll have good action on be- the American middle class and re- crease their output. half of all Americans—women, chil- igniting that dream. dren, students, and their families. It’s We also took very specific steps Mr. GEORGE MILLER of California. quite possible to do. All we have to do among the Democrats to reduce the Education, obviously, is one of the is reach across the aisle and work to- burden on both businesses and employ- most important ingredients. It’s the gether and make sure that we don’t ees when we reduced the payroll taxes. best investment we make in terms of a make victims out of part of our society We were unable to continue the busi- return to the Treasury because of the so that others can go to school. ness side of that when the Republicans increased productivity and success of Going to school is important, wom- took power here, but we were able to the people who complete their edu- en’s health is important, childhood im- continue the reduction in the payroll cation. The important factor here is munization is important, and so is tax for employees. Very important: that, when we think about this, we dealing with birth defects in the best stimulus for the economy, allowing really have to develop a system where way we possibly can. We owe that to men and women who are working to our students are engaged in a modern those families and those children. have more that they could then spend learning environment, where they have Thank you very much. and make ends meet. Those are all access to the technology, where they Mr. GARAMENDI. Mr. MILLER, thank things that we did. We ended one other have access to resources outside of the you for the dedication that you’ve very onerous tax break. This was done traditional classroom, where their in- made over many, many decades to edu- by the Democrats in this House in the structors, their teachers, have that cation, to the well-being of children 2010 session. What we did was to elimi- kind of access so they can integrate and the labor and workforce here in the nate a tax break that American cor- their education into what’s happening United States. There are very few men porations had for offshoring jobs. and into what these young people see and women that have spent the number That brings me back to the Make It as happening in the rest of the econ- of years and have been so successful as in America model here. In making it in omy in the world around them. have you in making it possible for kids America, you cannot give a tax break So we create that learning environ- to get an education and for adults to to American corporations for ment, and we can create that teaching get an additional education. offshoring jobs. It was more than a $12 environment by changing the way We didn’t talk about all of the ele- billion-a-year tax reduction for Amer- we’ve traditionally done things in this ments of the educational system. We’ve ican corporations that sent jobs over- country. We’ve looked at those that really focused tonight on the student seas. You go, what in the world was are high-performing. We look around loan, the Pell Grants, and the reduc- that all about? Well, it was in the Tax the world and say, Where are those na- tions that the Republican blueprint Code. We eliminated that. I will say for tions that are high performing? Where would impose upon the United States the American public out there that we are those students who are doing the as well as the tax policy that has come got precious little support—in fact, no best? We look at what’s taking place in from that blueprint, which essentially support—from the Republican caucus those countries, and we see this part- is a tax policy of continuing to reward on this floor when that bill came up for nership between communities and par- the superwealthy while, at the same a vote. Wrong-headed and very, very ents and students and teachers, work- time, taking away from the struggling destructive. ing out recognizing that that school is middle class, the men and women that These are the policies that create a a huge economic asset of that commu- are working every single day to keep strong economy: education. A well-edu- nity. It may be the most important

VerDate Mar 15 2010 04:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.076 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2121 thing where parents and the commu- The National Real Estate Associa- the others that are in the field, that in- nity have that say. So that’s what tion will tell you that the first ques- vestment also entails the individual’s we’re trying to develop. tion people ask is, What school will my participation. The loans that they take Unfortunately, we haven’t been able children go to? What district is this in? out, the Pell Grants that they receive to get the reform in the rewrite of No We now have the ability and the ca- are essential in giving them access, as Child Left Behind yet in this Congress. pability, and in partnering up with the you so well know. Then when we find a It has been a number of years. We entire school staff, to dramatically im- blueprint that passed this House, the weren’t able to do it in the last Con- prove the learning environment, the Republican blueprint that basically gress. But I want to thank the Obama teaching environment, and the out- takes away that opportunity, it stifles administration and the Secretary of comes for all of our students. That’s the American economy. Education because, in recognizing the the excitement, because this comes I share with you your enthusiasm for role that the ingredient of education along at a time when America now re- the newfound awareness of our Repub- plays in the economic recovery, alizes, yes, we thought after 1980, 1990 lican colleagues, and it only took a they’ve gone with the Race to the Top that we couldn’t make anything in week, and it only took three speeches program and with the waivers program America. We now recognize that, and by the President, and they had the ‘‘oh for those States. we now see foreign investment coming my’’ moment. ‘‘We made a mistake, What they’re really saying is, if you back to America, and we’ve got to have yes.’’ But don’t double down on that want to take your State and go to the the talent ready to absorb that. mistake by paying for the reduction in future, if you want to take your dis- So thank you again for this oppor- that interest rate by taking away from trict and go to the future, we want to tunity to integrate education into the the vulnerable people of America. partner with you. What does that Make It in America agenda. Obviously, I think not only of the children and mean? That means that those Gov- I think it is the most important point. their vaccinations, breast cancer and ernors and those local superintendents But as I talk to venture capitalists and early detection, but also the seniors in of schools and those State superintend- to people in the high-tech fields and in their prevention and detection. That’s ents of instruction are making a deci- the biotech fields in our State and not how to do it. We know better. Your sion that they want to join in an effort around the country, they’ll just tell proposal, the proposal of Mr. CLARKE of to have internationally benchmarked you over and over again that the work- using the resources that we’re now giv- standards and internationally force they’re looking for is a well-edu- ing to the most wealthy industry in the benchmarked curriculum and assess- cated, adaptable, understanding work- world, our tax money, literally given ments. It’s no longer just filling in a force that can work with people all to the oil industry, we need to recoup bubble on a multiple choice. But be- around the world now because you can that and use that instead for the very cause of the sophistication that we’ve sit in one room and work with people future of this country. learned in assessment, that we learned everywhere else in the world. We’re finished for this evening. It’s from the workplace, what we learned Mr. GARAMENDI. Mr. MILLER, your been a good night. Thank you so very from employers, these students will be passion for education was on display in much for joining us. able to demonstrate the depth of their this last discussion. Thank you for that Mr. GEORGE MILLER of California. knowledge, their understanding. They passion, and thank you for the years of Thank you very much for the oppor- will be richer. They will be better able service that you have provided to tunity and thank you for your leader- to adapt to the needs of employers. America in leading the fight for the ship on this. They can go on and get a master’s de- improvement of our education system. Mr. GARAMENDI. Thank you for gree, or they can go on and get a col- Just a couple of thoughts—not ran- bringing your passion for education. lege degree, or they can go on and get dom but specifically on the subject. With that, Mr. Speaker, I yield back a doctorate degree. Yesterday, I was in Dixon, California, the balance of my time. The fact of the matter is that the for the opening of a new manufacturing f world of learning is changing dramati- facility. A company, Altech in Bir- REPORT ON RESOLUTION PRO- cally, and I think that, while we’re mingham, Alabama, decided that they VIDING FOR CONSIDERATION OF bogged down here in partisan fights, were going to stay in America for the H.R. 3523, CYBER INTELLIGENCE unfortunately, the administration has production of these bucket trucks, SHARING AND PROTECTION ACT; struck out on a bold path. I think there which are the kind of trucks that util- PROVIDING FOR CONSIDERATION are now 40 States that either have ap- ity companies use that take the worker OF MOTIONS TO SUSPEND THE plied or are hoping to apply for waiv- up to work on the power line, way up RULES; PROVIDING FOR CONSID- ers. There are 47 Governors who have on the top of that pole. They decided to ERATION OF H.R. 4628, INTEREST said we should have internationally stay there, and they’re going to hire an RATE REDUCTION ACT; AND FOR benchmarked standards in this country additional 100 people to manufacture OTHER PURPOSES so that we know that, when our stu- these bucket trucks in Dixon, Cali- dents are learning, they’re learning at fornia. Mr. NUGENT, from the Committee the same level the students in Shang- In the discussion I had with the man- on Rules, submitted a privileged report hai are learning—or in Germany or in ufacturer and the president of the com- (Rept. No. 112–454) on the resolution (H. Finland or in Singapore or in Japan— pany, I asked him, How are you going Res. 631) providing for consideration of and that’s the change that’s possible. to train these workers? And he said, the bill (H.R. 3523) to provide for the But the fact of the matter is that We’re going to do it at the community sharing of certain cyber threat intel- Congress has got to want to go along college. ligence and cyber threat information with that. The Governors are taking between the intelligence community 1930 the lead. They’re taking the lead. The b and cybersecurity entities, and for big city mayors are taking the lead. We’re going to do it at the commu- other purposes; providing for consider- They understand this in terms of your nity college. The programs that you ation of motions to suspend the rules; agenda, Congressman GARAMENDI, in have put together over the years, with providing for consideration of the bill making it in America—jobs in their the workforce investment program, (H.R. 4628) to extend student loan in- communities. That educated workforce meaning that we’re investing in the terest rates for undergraduate Federal is the most important investment they workers, the retraining of the workers Direct Stafford Loans; and for other can make, and for parents, it’s that electricians, welders, line jobs, well- purposes, which was referred to the good school. People always talk about paying middle class jobs, that’s what House Calendar and ordered to be remodeling their bathrooms or adding it’s all about. printed. on a bedroom or landscaping the yard The most important investment that f to add value to their homes. If you any society can make is the invest- turn that into a high-performing ment in the education of its people. We ADJOURNMENT school, you’ll add more value than any- need to do more. That education of the Mr. NUGENT. Mr. Speaker, I move thing else you could possibly do. workforce, the children, the seniors, that the House do now adjourn.

VerDate Mar 15 2010 04:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.077 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2122 CONGRESSIONAL RECORD — HOUSE April 25, 2012 The motion was agreed to; accord- 801(a)(1)(A); to the Committee on Energy and Act of 2002; to the Committee on Oversight ingly (at 7 o’clock and 34 minutes Commerce. and Government Reform. p.m.), under its previous order, the 5775. A letter from the Director, Regu- 5784. A letter from the Chairman, Nuclear latory Management Division, Environmental Regulatory Commission, transmitting the House adjourned until tomorrow, Protection Agency, transmitting the Agen- Commission’s annual report for FY 2011 pre- Thursday, April 26, 2012, at 10 a.m. for cy’s final rule — Approval and Promulgation pared in accordance with the Notification morning-hour debate. of State Implementation Plans; Missouri: and Federal Employee Antidiscrimination f Prevention of Significant Deterioration; and Retaliation Act of 2002 (No FEAR Act), Greenhouse Gas Tailoring Rule; New Source Pub. L. 107-174; to the Committee on Over- EXECUTIVE COMMUNICATIONS, Review Reform [EPA-R07-OAR-2011-0825; sight and Government Reform. ETC. FRL-9657-8] received April 11, 2012, pursuant 5785. A letter from the Director, Congres- Under clause 2 of rule XIV, executive to 5 U.S.C. 801(a)(1)(A); to the Committee on sional Affairs and Public Relations, Trade communications were taken from the Energy and Commerce. and Development Agency, transmitting the 5776. A letter from the Director, Regu- Agency’s Fiscal Year 2010 annual report pre- Speaker’s table and referred as follows: latory Management Division, Environmental pared in accorance with Section 203 of the 5766. A letter from the Director, Regu- Protection Agency, transmitting the Agen- Notification and Federal Employee Anti- latory Management Division, Environmental cy’s final rule — Hazardous Waste Technical discrimination and Retaliation Act of 2002, Protection Agency, transmitting the Agen- Corrections and Clarifications Rule [EPA- Pub. L. 107-174; to the Committee on Over- cy’s final rule — Silicic Acid, Sodium Salt RCRA-2008-0678; FRL-9659-7] (RIN: 2050-AG52) sight and Government Reform. etc; Tolerance Exemption [EPA-HQ-OPP- received April 11, 2012, pursuant to 5 U.S.C. 5786. A letter from the Assistant Attorney 2011-0934; FRL-9333-6] received April 11, 2012, 801(a)(1)(A); to the Committee on Energy and General, Department of Justice, transmit- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Commerce. ting the Fourth Quarter 2011 report of Settle- mittee on Agriculture. 5777. A letter from the Director, Regu- ments by the United States with Nonmone- 5767. A letter from the Under Secretary, latory Management Division, Environmental tary Relief Exceeding Three Years and Set- Department of Defense, transmitting a re- Protection Agency, transmitting the Agen- tlements Against the United States Exceed- port of a violation of the Antideficiency Act, cy’s final rule — National Emission Stand- ing $2 Million; to the Committee on the Judi- Army Case Number 11-02; to the Committee ards for Hazardous Air Pollutants from Coal- ciary. on Appropriations. and Oil-Fired Electric Utility Steam Gener- 5787. A letter from the Chairman, Federal 5768. A letter from the Under Secretary, ating Units and Standards of Performance Maritime Commission, transmitting the Department of Defense, transmitting a re- for Fossil-Fuel-Fired Electric Utility, Indus- Commission’s 50th annual report of activi- port of a violation of the Antideficiency Act, trial-Commercial-Institutional, and Small ties for fiscal year 2011, pursuant to Section Army Case Number 11-03; to the Committee Industrial-Commercial-Institutional Steam 103(e) of the Reorganization Plan No. 7 of on Appropriations. Generating Units; Correction [EPA-HQ-OAR- 1961 and Section 208 of the Merchant Marine 5769. A letter from the Under Secretary, 2009-0234; EPA-HQ-OAR-2011-0044; FRL-9654-8] Act of 1936, as amended; to the Committee on Department of Defense, transmitting a re- (RIN: 2060-AP52 and 2060-AR31) received April Transportation and Infrastructure. port of a violation of the Antideficiency Act, 11, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to 5788. A letter from the Chief, Trade and Army Case Number 11-09; to the Committee the Committee on Energy and Commerce. Commercial Regulations Branch, Depart- on Appropriations. 5778. A letter from the Director, Regu- ment of Homeland Security, transmitting 5770. A letter from the Under Secretary, latory Management Division, Environmental the Department’s final rule — Interest on Department of Defense, transmitting a re- Protection Agency, transmitting the Agen- Untimely Paid Vessel Repair Duties port of a violation of the Antideficiency Act, cy’s final rule — Revisions to the Arizona [USCBP-2008-0085] (RIN: 1515-AD74) received Joint Improvised Explosive Device Defeat State Implementation Plan Pinal County Air March 23, 2012, pursuant to 5 U.S.C. Organization (JIEDDO) case number 09-01; to Quality Control District [EPA-R09-OAR-2008- 801(a)(1)(A); to the Committee on Ways and the Committee on Appropriations. 0359; FRL-9639-5] received April 11, 2012, pur- Means. 5771. A letter from the Director, Regu- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5789. A letter from the Chief, Publications latory Management Division, Environmental mittee on Energy and Commerce. and Regulations Branch, Internal Revenue Protection Agency, transmitting the Agen- 5779. A letter from the Director, Regu- Service, transmitting the Service’s final rule cy’s final rule — Air Quality Implementation latory Management Division, Environmental — Nonconventional Source Fuel Credit, 2011 Plans; Kentucky; Attainment Plan for the Protection Agency, transmitting the Agen- Section 45K Inflation Adjustment Factor and Kentucky Portion of the Huntington-Ash- cy’s final rule — Revisions to the California Section 45K Reference Price [Notice 2012-30] land 1997 Annual PM2.5 Nonattainment Area State Implementation Plan, Northern Sierra received April 10, 2012, pursuant to 5 U.S.C. [EPA-R04-OAR-2010-0255; FRL-9657-4] re- and Sacremento Metropolitan Air Quality 801(a)(1)(A); to the Committee on Ways and ceived April 11, 2012, pursuant to 5 U.S.C. Management District [EPA-R09-OAR-2012- Means. 801(a)(1)(A); to the Committee on Energy and 0243; FRL-9659-8] received April 11, 2012, pur- 5790. A letter from the Chief, Publications Commerce. suant to 5 U.S.C. 801(a)(1)(A); to the Com- and Regulations Branch, Internal Revenue 5772. A letter from the Director, Regu- mittee on Energy and Commerce. Service, transmitting the Service’s final rule latory Management Division, Environmental 5780. A letter from the Director, Regu- — Update for Weighted Average Interest Protection Agency, transmitting the Agen- latory Management Division, Environmental Rates, Yield Curves, and Segment Rates [No- cy’s final rule — Approval and Promulgation Protection Agency, transmitting the Agen- tice 2012-28] received April 10, 2012, pursuant of Air Quality Implementation Plans; Dela- cy’s final rule — Revisions to the California to 5 U.S.C. 801(a)(1)(A); to the Committee on ware; Amendments to the Handling, Storage, State Implementation Plan, Yolo-Solano Air Ways and Means. and Disposal of Volatile Organic Compounds Quality Management District [EPA-R09- 5791. A letter from the Chief, Publications Emissions; Automobile and Light-Duty OAR-2012-0180; FRL-9652-2] received April 11, and Regulations Branch, Internal Revenue Truck Coating Operations; Paper Coating; 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the Service, transmitting the Service’s final rule Coating of Flat Wood Paneling; Graphic Art Committee on Energy and Commerce. — Alan Baer Revocable Trust v. United Systems; and Industrial Cleaning Solvents 5781. A letter from the Assistant Secretary, States, 105 AFTR 2d 1544, 2010-1 USTC 60,590 [EPA-R03-OAR-2011-0998; FRL-9657-1] re- Legislative Affairs, Department of State, (D. Neb. 2010) [AOD 2012-04] received April 10, ceived April 11, 2012, pursuant to 5 U.S.C. transmitting the Department’s report on 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Energy and U.S. support for Taiwan’s participation as an Committee on Ways and Means. Commerce. observer at the 65th World Health Assembly 5792. A letter from the Acting Chair, Social 5773. A letter from the Director, Regu- and in the work of the World Health Organi- Security Advisory Board, transmitting the latory Management Division, Environmental zation, as mandated in the 2004 Participation Board’s report of the 2011 Social Security Protection Agency, transmitting the Agen- of Taiwan in the World Health Organization Technical Panel on Assumptions and Meth- cy’s final rule — Approval and Promulgation Act, Pub. L. 108-235, Sec. 1(c); to the Com- ods; to the Committee on Ways and Means. of Air Quality Implementation Plans; Illi- mittee on Foreign Affairs. 5793. A letter from the Board of Trustees, nois; Small Container Exemption from VOC 5782. A letter from the Staff Director, Fed- Federal Old-Age And Survivors Insurance Coating Rules [EPA-R05-OAR-2012-0073; FRL- eral Election Commission, transmitting the And Disability Insurance Trust Funds, trans- 9651-5] received April 11, 2012, pursuant to 5 Commission’s annual report for FY 2011 pre- mitting the 2012 Annual Report of the Board U.S.C. 801(a)(1)(A); to the Committee on En- pared in accordance with the Notification of Trustees of the Federal Old-Age and Sur- ergy and Commerce. and Federal Employee Antidiscrimination vivors Insurance and the Federal Disability 5774. A letter from the Director, Regu- and Retaliation Act of 2002 (No FEAR Act), Insurance Trust Funds, pursuant to 42 U.S.C. latory Management Division, Environmental Pub. L. 107-174; to the Committee on Over- 401(c)(2), 1395i(b)(2), and 1395t(b)(2); (H. Doc. Protection Agency, transmitting the Agen- sight and Government Reform. No. 112—102); to the Committee on Ways and cy’s final rule — Approval and Promulgation 5783. A letter from the General Counsel, Means and ordered to be printed. of Implementation Plans; South Dakota; Re- Government Accountability Office, trans- 5794. A letter from the Assistant Secretary, gional Haze State Implementation Plan mitting the Office’s annual 2011 report of the Legislative Affairs, Department of State, [EPA-R08-OAR-2011-0870; FRL-9658-9] re- Notification and Federal Employee Anti- transmitting report to Congress on The Pro- ceived April 11, 2012, pursuant to 5 U.S.C. discrimination and Retaliation (No FEAR) liferation Security Initiative (PSI) Budget

VerDate Mar 15 2010 04:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K25AP7.080 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2123 Plan and Review P.L. 110-53, Section H.R. 4624. A bill to amend the Investment By Mr. ALTMIRE: 1821(b)(2); jointly to the Committees on For- Advisers Act of 1940 to provide for the reg- H.R. 4638. A bill to suspend temporarily the eign Affairs and Armed Services. istration and oversight of national invest- duty on p-Nitrotoluene; to the Committee on 5795. A letter from the Director, Office of ment adviser associations; to the Committee Ways and Means. Communications and Legislative Affairs, on Financial Services. By Mr. ALTMIRE: Equal Employment Opportunity Commis- By Mr. WILSON of South Carolina (for H.R. 4639. A bill to extend the suspension of sion, transmitting the Commission’s Annual himself, Mr. PETRI, Mr. GOWDY, Mr. duty on Bayderm Bottom DLV-N; to the Report on the Federal Work Force for Fiscal SCOTT of South Carolina, Mr. Committee on Ways and Means. Year 2010, pursuant to 42 U.S.C. 2000e-4(e); MULVANEY, Mr. BROUN of Georgia, By Mr. ALTMIRE: jointly to the Committees on Oversight and Mr. DUNCAN of South Carolina, and H.R. 4640. A bill to extend the suspension of Government Reform and Education and the Mr. MILLER of Florida): duty on 2-Phenylphenol; to the Committee Workforce. H.R. 4625. A bill to amend the Nuclear on Ways and Means. 5796. A letter from the Boards of Trustees, Waste Policy Act of 1982 to require the Presi- By Mr. ALTMIRE: H.R. 4641. A bill to extend the suspension of Federal Hospital Insurance and Federal Sup- dent to certify that the Yucca Mountain site duty on Iminodisuccinate; to the Committee plementary Medical Insurance Trust Funds, remains the designated site for the develop- on Ways and Means. transmitting the 2012 Annual Report Of The ment of a repository for the disposal of high- level radioactive waste, and for other pur- By Mr. ALTMIRE: Boards Of Trustees Of The Federal Hospital H.R. 4642. A bill to reduce temporarily the Insurance And Federal Supplementary Med- poses; to the Committee on Energy and Com- merce. duty on Mesamoll; to the Committee on ical Insurance Trust Funds, pursuant to 42 Ways and Means. U.S.C. 401(c)(2), 1395i(b)(2), and 1395t(b)(2); (H. By Mr. BARLETTA: H.R. 4626. A bill to extend the suspension of By Mr. BERG (for himself and Mr. Doc. No. 112—101); jointly to the Committees duty on certain air pressure distillation col- THOMPSON of California): on Ways and Means and Energy and Com- umns; to the Committee on Ways and Means. H.R. 4643. A bill to amend the Internal Rev- merce, and ordered to be printed. By Mr. THOMPSON of Pennsylvania: enue Code of 1986 to expand the availability f H.R. 4627. A bill to extend and make a tech- of the cash method of accounting for small nical correction to the temporary suspension businesses, and for other purposes; to the REPORTS OF COMMITTEES ON of duty on certain cast stainless steel single- Committee on Ways and Means. PUBLIC BILLS AND RESOLUTIONS piece exhaust gas manifolds; to the Com- By Mr. BISHOP of Georgia: Under clause 2 of rule XIII, reports of mittee on Ways and Means. H.R. 4644. A bill to suspend temporarily the By Mrs. BIGGERT: duty on certain portable electric grills; to committees were delivered to the Clerk H.R. 4628. A bill to extend student loan in- the Committee on Ways and Means. for printing and reference to the proper terest rates for undergraduate Federal Di- By Mr. BISHOP of Georgia: calendar, as follows: rect Stafford Loans; to the Committee on H.R. 4645. A bill to suspend temporarily the Mr. BACHUS: Committee on Financial Education and the Workforce, and in addi- duty on combination smoker, roaster, and Services. H.R. 2308. A bill to improve the tion to the Committees on Energy and Com- grills; to the Committee on Ways and Means. consideration by the Securities and Ex- merce, and the Budget, for a period to be By Mr. BISHOP of Georgia: change Commission of the costs and benefits subsequently determined by the Speaker, in H.R. 4646. A bill to suspend temporarily the of its regulations and orders; with an amend- each case for consideration of such provi- duty on certain grill brushes; to the Com- ment (Rept. 112–453). Referred to the Com- sions as fall within the jurisdiction of the mittee on Ways and Means. mittee of the Whole House on the state of committee concerned. By Mr. BISHOP of Georgia: H.R. 4647. A bill to suspend temporarily the the Union. By Mr. DENHAM: duty on certain decorative tabletop torch Mr. NUGENT: Committee on Rules. House H.R. 4629. A bill to require the Comptroller vessels; to the Committee on Ways and Resolution 631. Resolution providing for con- General to conduct an annual audit of the Means. sideration of the bill (H.R. 3523) to provide General Services Administration; to the Committee on Oversight and Government By Mr. BISHOP of Georgia: for the sharing of certain cyber threat intel- Reform, and in addition to the Committee on H.R. 4648. A bill to suspend temporarily the ligence and cyber threat information be- Transportation and Infrastructure, for a pe- duty on certain decorative outdoor torches; tween the intelligence community and cy- riod to be subsequently determined by the to the Committee on Ways and Means. bersecurity entities, and for other purposes; Speaker, in each case for consideration of By Mr. BISHOP of Georgia: providing for consideration of motions to such provisions as fall within the jurisdic- H.R. 4649. A bill to suspend temporarily the suspend the rules; providing for consider- tion of the committee concerned. duty on certain decorative dual wick torch- ation of the bill (H.R. 4628) to extend student By Mr. DAVID SCOTT of Georgia: es; to the Committee on Ways and Means. loan interest rates for undergraduate Fed- H.R. 4630. A bill to authorize the Secretary By Mr. BISHOP of Georgia: eral Direct Stafford Loans; and for other of the Interior to conduct a study of the suit- H.R. 4650. A bill to suspend temporarily the purposes (Rept. 112–454). Referred to the ability and feasibility of expanding the duty on certain fishing reels; to the Com- House Calendar. boundary of Chattahoochee River National mittee on Ways and Means. f Recreation Area; to the Committee on Nat- By Mr. BISHOP of Georgia: ural Resources. H.R. 4651. A bill to suspend temporarily the PUBLIC BILLS AND RESOLUTIONS By Mr. WALSH of Illinois (for himself, duty on certain decorative outdoor bamboo Under clause 2 of rule XII, public Mr. LONG, Mr. MICHAUD, and Mr. garden torches; to the Committee on Ways and Means. bills and resolutions of the following PAUL): H.R. 4631. A bill to require quarterly re- By Mr. BISHOP of Georgia: titles were introduced and severally re- ports on agency conferences and meetings, H.R. 4652. A bill to suspend temporarily the ferred, as follows: and for other purposes; to the Committee on duty on certain portable infrared gas grill By Mr. RANGEL: Oversight and Government Reform. and cooler combinations; to the Committee H.R. 4621. A bill to authorize negotiations By Mr. ALTMIRE: on Ways and Means. with Brazil to eliminate tariffs and trade H.R. 4632. A bill to extend the suspension of By Mr. BISHOP of Georgia: barriers to United States ethanol exports; to duty on 2-Chlorotoluene; to the Committee H.R. 4653. A bill to suspend temporarily the the Committee on Ways and Means, and in on Ways and Means. duty on certain portable gas grills; to the addition to the Committee on Rules, for a By Mr. ALTMIRE: Committee on Ways and Means. period to be subsequently determined by the H.R. 4633. A bill to extend the suspension of By Mr. BUTTERFIELD: H.R. 4654. A bill to suspend temporarily the Speaker, in each case for consideration of duty on Chloromethylbenzene; to the Com- duty on manicure and pedicure sets; to the such provisions as fall within the jurisdic- mittee on Ways and Means. Committee on Ways and Means. tion of the committee concerned. By Mr. ALTMIRE: H.R. 4634. A bill to extend the suspension of By Mr. BUTTERFIELD: By Mr. MCNERNEY: duty on 2,3-Dichloronitrobenzene; to the H.R. 4655. A bill to suspend temporarily the H.R. 4622. A bill to provide for the estab- Committee on Ways and Means. duty on nail clippers; to the Committee on lishment of a grant program to assist State By Mr. ALTMIRE: Ways and Means. and local governments to install solar en- H.R. 4635. A bill to extend the suspension of By Mr. BUTTERFIELD: ergy systems; to the Committee on Energy duty on Phenylisocyanate; to the Committee H.R. 4656. A bill to suspend temporarily the and Commerce. on Ways and Means. duty on certain eyelash curlers; to the Com- By Mr. PAULSEN (for himself and Mr. By Mr. ALTMIRE: mittee on Ways and Means. CAMPBELL): H.R. 4636. A bill to extend the suspension of By Mr. CLEAVER: H.R. 4623. A bill to amend the Internal Rev- duty on certain ethylene-vinyl acetate co- H.R. 4657. A bill to suspend temporarily the enue Code of 1986 to expand and make perma- polymers; to the Committee on Ways and duty on mixtures containing β-cyfluthrin; to nent rules related to investment by non- Means. the Committee on Ways and Means. resident aliens in domestic mutual funds; to By Mr. ALTMIRE: By Mr. CLEAVER: the Committee on Ways and Means. H.R. 4637. A bill to suspend temporarily the H.R. 4658. A bill to extend the temporary By Mr. BACHUS (for himself and Mrs. duty on p-Toluidine; to the Committee on reduction of duty on Deltamethrin; to the MCCARTHY of New York): Ways and Means. Committee on Ways and Means.

VerDate Mar 15 2010 04:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\L25AP7.000 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2124 CONGRESSIONAL RECORD — HOUSE April 25, 2012 By Mr. CLEAVER: Prothioconazole; to the Committee on Ways ethofumesate; to the Committee on Ways H.R. 4659. A bill to suspend temporarily the and Means. and Means. duty on N-(4-Fluorophenyl)-2-hydroxy-N-(1- By Mr. COSTA: By Mr. GRAVES of Missouri: methylethyl)acetamide; to the Committee H.R. 4680. A bill to suspend temporarily the H.R. 4699. A bill to suspend temporarily the on Ways and Means. duty on mixtures containing Fluopyram and duty on cyprosulfamide; to the Committee By Mr. CLEAVER: Trifloxystrobin; to the Committee on Ways on Ways and Means. H.R. 4660. A bill to reduce temporarily the and Means. By Mr. GRAVES of Missouri: duty on Thiencarbazone-methyl; to the Com- By Mr. COSTA: H.R. 4700. A bill to extend the temporary mittee on Ways and Means. H.R. 4681. A bill to suspend temporarily the suspension of duty on 1,2,4-Trichlorobenzene; By Mr. CLEAVER: duty on mixtures containing Fluopyram and to the Committee on Ways and Means. H.R. 4661. A bill to extend the temporary Pyrimethanil; to the Committee on Ways By Mr. GENE GREEN of Texas: suspension of duty on Spiromesifen; to the and Means. H.R. 4701. A bill to extend and modify the Committee on Ways and Means. By Mr. COSTA: temporary suspension of duty on By Mr. CLEAVER: H.R. 4682. A bill to suspend temporarily the Propiconazole; to the Committee on Ways H.R. 4662. A bill to suspend temporarily the duty on Fenhexamid; to the Committee on and Means. duty on Trifloxystrobin; to the Committee Ways and Means. By Mr. GENE GREEN of Texas: on Ways and Means. By Mr. COSTA: H.R. 4702. A bill to reduce temporarily the By Mr. CLEAVER: H.R. 4683. A bill to suspend temporarily the rate of duty on mixtures of Paraquat and H.R. 4663. A bill to modify and extend the duty on Fluopicolide; to the Committee on Emetic; to the Committee on Ways and temporary reduction of duty on 2- Ways and Means. Means. Acetylbutyrolactone; to the Committee on By Mr. COSTA: By Mr. GENE GREEN of Texas: Ways and Means. H.R. 4684. A bill to suspend temporarily the H.R. 4703. A bill to extend the temporary By Mr. CLEAVER: duty on Fluopyram; to the Committee on suspension of duty on Paclobutrazol; to the H.R. 4664. A bill to suspend temporarily the Ways and Means. Committee on Ways and Means. duty on 1,3-Cyclohexanedione; to the Com- By Mr. COSTA: By Mr. GENE GREEN of Texas: mittee on Ways and Means. H.R. 4685. A bill to suspend temporarily the H.R. 4704. A bill to extend the temporary By Mr. CLEAVER: duty on Indaziflam; to the Committee on suspension of duty on Chloroacetone; to the H.R. 4665. A bill to suspend temporarily the Ways and Means. Committee on Ways and Means. duty on Flubendiamide; to the Committee on By Mr. COSTA: By Mr. GENE GREEN of Texas: Ways and Means. H.R. 4686. A bill to extend the temporary H.R. 4705. A bill to extend the temporary By Mr. CLEAVER: suspension of duty on 4-Chlorobenzaldehyde; suspension of duty on Brodifacoum; to the H.R. 4666. A bill to suspend temporarily the to the Committee on Ways and Means. Committee on Ways and Means. duty on Spirotetramat; to the Committee on By Mr. COSTA: By Mr. GENE GREEN of Texas: H.R. 4687. A bill to extend the temporary Ways and Means. H.R. 4706. A bill to extend and modify the suspension of duty on Phenmedipham; to the By Mr. CLEAVER: reduction of duty on Mandipropamid; to the H.R. 4667. A bill to extend the temporary Committee on Ways and Means. Committee on Ways and Means. suspension of duty on Isoxadifen-Ethyl; to By Mr. GERLACH: By Mr. GENE GREEN of Texas: the Committee on Ways and Means. H.R. 4688. A bill to extend the temporary H.R. 4707. A bill to suspend temporarily the By Mr. CLEAVER: suspension of duty on dry adhesive copoly- duty on 1,3-Benzenedicarbonitrile; to the H.R. 4668. A bill to extend the temporary amide pellets; to the Committee on Ways Committee on Ways and Means. suspension of duty on Cyfluthrin; to the and Means. By Mr. GENE GREEN of Texas: Committee on Ways and Means. By Mr. GERLACH: H.R. 4708. A bill to extend and modify the By Mr. CLEAVER: H.R. 4689. A bill to extend the temporary temporary reduction of duty on fludioxonil; H.R. 4669. A bill to modify and extend the suspension of duty on Orgasol polyamide to the Committee on Ways and Means. temporary reduction of duty on β-cyfluthrin; powders; to the Committee on Ways and By Mr. GUTHRIE: to the Committee on Ways and Means. Means. H.R. 4709. A bill to suspend temporarily the By Mr. CLEAVER: By Mr. GERLACH: ε H.R. 4670. A bill to reduce temporarily the H.R. 4690. A bill to suspend temporarily the duty on Polymer, -Caprolactone-diethylene duty on mixtures contaning Trifloxystrobin duty on dicumyl peroxide; to the Committee glycol; to the Committee on Ways and and Prothioconazole; to the Committee on on Ways and Means. Means. Ways and Means. By Mr. GRAVES of Missouri: By Mr. GUTHRIE: By Mr. CLEAVER: H.R. 4691. A bill to suspend temporarily the H.R. 4710. A bill to suspend temporarily the H.R. 4671. A bill to suspend temporarily the duty on Frequency Herbicide; to the Com- duty on Carbonic Acid, Dimethyl Ester, rate of duty on certain mixtures containing mittee on Ways and Means. Polymer with 1,6-Hexanediol; to the Com- Trifloxystrobin; to the Committee on Ways By Mr. GRAVES of Missouri: mittee on Ways and Means. and Means. H.R. 4692. A bill to suspend temporarily the By Mr. GUTHRIE: By Mr. CLEAVER: duty on Fastac; to the Committee on Ways H.R. 4711. A bill to extend the temporary H.R. 4672. A bill to reduce temporarily the and Means. suspension of duty on leather basketballs; to duty on mixtures containing Spirotetramat; By Mr. GRAVES of Missouri: the Committee on Ways and Means. to the Committee on Ways and Means. H.R. 4693. A bill to extend the temporary By Mr. GUTHRIE: By Mr. CLEAVER: suspension of duty on 2,3- H.R. 4712. A bill to extend the temporary H.R. 4673. A bill to suspend temporarily the Quinolinedicarboxylic acid; to the Com- suspension of duty on volleyballs; to the duty on mixtures containing Trifloxystrobin mittee on Ways and Means. Committee on Ways and Means. and Propiconazole; to the Committee on By Mr. GRAVES of Missouri: By Mr. GUTHRIE: Ways and Means. H.R. 4694. A bill to reduce temporarily the H.R. 4713. A bill to suspend temporarily the By Mr. COHEN: duty on product mixtures containing duty on rubber basketballs; to the Com- H.R. 4674. A bill to suspend temporarily the Spiromesifen; to the Committee on Ways and mittee on Ways and Means. duty on Diuron Technical; to the Committee Means. By Mr. GUTHRIE: on Ways and Means. By Mr. GRAVES of Missouri: H.R. 4714. A bill to suspend temporarily the By Mr. COSTA: H.R. 4695. A bill to reduce temporarily the duty on basketballs, having an external sur- H.R. 4675. A bill to reduce temporarily the duty on product mixtures containing face other than leather or rubber; to the duty on 1H-[1,2,4]Triazole; to the Committee Clothianidin and Bacillus Firmus strain I- Committee on Ways and Means. on Ways and Means. 1582; to the Committee on Ways and Means. By Mr. GUTHRIE: By Mr. COSTA: By Mr. GRAVES of Missouri: H.R. 4715. A bill to extend the temporary H.R. 4676. A bill to suspend temporarily the H.R. 4696. A bill to suspend temporarily the suspension of duty on ε-Caprolactone-2- duty on mixtures of Indaziflam; to the Com- duty on product mixtures containing ethyl-2-(hydroxymethyl)-1,3-propanediol mittee on Ways and Means. Clothianidin; to the Committee on Ways and polymer; to the Committee on Ways and By Mr. COSTA: Means. Means. H.R. 4677. A bill to suspend temporarily the By Mr. GRAVES of Missouri: By Mr. GUTHRIE: duty on mixtures of Flubendiamide; to the H.R. 4697. A bill to reduce temporarily the H.R. 4716. A bill to extend the temporary Committee on Ways and Means. duty on product mixtures containing suspension of duty on ε-Caprolactone- By Mr. COSTA: Pyrasulfotole, Bromoxynil Octanoate, and neopentylglycol copolymer; to the Com- H.R. 4678. A bill to suspend temporarily the Bromoxynil Heptanoate, including applica- mittee on Ways and Means. duty on mixtures containing Fluopyram; to tion adjuvants; to the Committee on Ways By Mr. GUTHRIE: the Committee on Ways and Means. and Means. H.R. 4717. A bill to suspend temporarily the By Mr. COSTA: By Mr. GRAVES of Missouri: duty on 2,2’-Bis(4-cyanatophenyl)propane H.R. 4679. A bill to suspend temporarily the H.R. 4698. A bill to extend the suspension of homopolymer; to the Committee on Ways duty on mixtures containing Fluopyram and duty on product mixtures containing and Means.

VerDate Mar 15 2010 05:52 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\L25AP7.100 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2125 By Mr. HASTINGS of Washington: By Mr. HUIZENGA of Michigan: By Mr. SAM JOHNSON of Texas: H.R. 4718. A bill to extend the temporary H.R. 4735. A bill to extend and modify the H.R. 4754. A bill to suspend temporarily the suspension of duty on Linuron; to the Com- temporary reduction of duty on ACM; to the rate of duty on Reactive Blue 269; to the mittee on Ways and Means. Committee on Ways and Means. Committee on Ways and Means. By Mr. HASTINGS of Washington: By Mr. HUIZENGA of Michigan: By Mr. SAM JOHNSON of Texas: H.R. 4719. A bill to suspend temporarily the H.R. 4736. A bill to reduce temporarily the H.R. 4755. A bill to extend the temporary duty on Terbacil; to the Committee on Ways duty on Glufosinate-Ammonium (GA); to the suspension of duty on Disperse Yellow 42; to and Means. Committee on Ways and Means. the Committee on Ways and Means. By Mr. HOLT: By Mr. HUIZENGA of Michigan: By Mr. SAM JOHNSON of Texas: H.R. 4720. A bill to establish the American H.R. 4737. A bill to extend and modify the H.R. 4756. A bill to suspend temporarily the Innovation Bank, to improve science and temporary reduction of duty on Oxadiazon; rate of duty on Reactive Blue 268; to the technology job training, to authorize grants to the Committee on Ways and Means. Committee on Ways and Means. for curriculum development, and for other By Mr. HUIZENGA of Michigan: By Mr. SAM JOHNSON of Texas: purposes; to the Committee on Science, H.R. 4738. A bill to suspend temporarily the H.R. 4757. A bill to suspend temporarily the Space, and Technology. duty on the chime melody rod assembly used rate of duty on Acid Blue 171; to the Com- By Mr. HOLT: in the production of grandfather clocks, wall mittee on Ways and Means. H.R. 4721. A bill to extend and modify the clocks, and mantel clocks; to the Committee By Mr. SAM JOHNSON of Texas: H.R. 4758. A bill to suspend temporarily the temporary reduction of duty on on Ways and Means. rate of duty on Normal Paraffin M; to the monocarboxylic fatty acids derived from By Mr. HUIZENGA of Michigan: Committee on Ways and Means. palm oil; to the Committee on Ways and H.R. 4739. A bill to suspend temporarily the By Mr. LEWIS of Georgia: duty on certain clock movements; to the Means. H.R. 4759. A bill to establish a comprehen- Committee on Ways and Means. By Mr. HOLT: sive process to inform American consumers H.R. 4722. A bill to suspend temporarily the By Mr. HUNTER (for himself, Mr. about food and product recalls, and for other duty on mixtures of polyvinyl alcohol and WEST, Mrs. DAVIS of California, Mr. purposes; to the Committee on Energy and polyvinyl pyrrolidone; to the Committee on RIGELL, Mr. LARSEN of Washington, Commerce. Ways and Means. Mr. RYAN of Ohio, Mr. WITTMAN, Mr. By Mr. LEWIS of Georgia: By Mr. HOLT: TURNER of Ohio, Mr. HEINRICH, and H.R. 4760. A bill to suspend temporarily the H.R. 4723. A bill to suspend temporarily the Mr. CARTER): duty on polyvinyl formal resin; to the Com- duty on Tetrakis(hydroxymethyl) H.R. 4740. A bill to amend the mittee on Ways and Means. phosphonium sulfate (THPS); to the Com- Servicemembers Civil Relief Act to ensure By Mr. LEWIS of Georgia: mittee on Ways and Means. that relocation of a servicemember to serve H.R. 4761. A bill to suspend temporarily the By Mr. HOLT: on active duty away from the duty on tris 2-(Hydroxy ethyl)-isocyanurate H.R. 4724. A bill to suspend temporarily the servicemember’s principal residence does not (THEIC); to the Committee on Ways and duty on (1S)-1,5-anhydro-1-[3-[[5-(4- prevent the servicemember from refinancing Means. fluorophenyl)-2-thienyl]methyl] -4- a mortgage on that principal residence; to By Mr. NEAL: methylphenyl]-D-glucitol; to the Committee the Committee on Veterans’ Affairs. H.R. 4762. A bill to suspend temporarily the on Ways and Means. By Mr. JOHNSON of Illinois: duty on aircraft grade polyvinyl butyral; to By Mr. HOLT: H.R. 4741. A bill to extend and modify the the Committee on Ways and Means. H.R. 4725. A bill to extend the suspension of temporary reduction of duty on Avermectin By Mr. NEAL: duty on Imazalil; to the Committee on Ways B; to the Committee on Ways and Means. H.R. 4763. A bill to extend the temporary and Means. By Mr. JOHNSON of Illinois: reduction of duty on N-phenyl-p- By Mr. HOLT: H.R. 4742. A bill to reduce temporarily the phenylenediamine; to the Committee on H.R. 4726. A bill to suspend temporarily the duty on Prosulfuron; to the Committee on Ways and Means. duty on NORBLOC 7966; to the Committee on Ways and Means. By Mr. NEAL: Ways and Means. By Mr. JOHNSON of Illinois: H.R. 4764. A bill to suspend temporarily the By Mr. HOLT: H.R. 4743. A bill to extend the temporary duty on Potassium H.R. 4727. A bill to extend the suspension of suspension of duty on Pymetrozine; to the decafluoro(pentafluorethyl) duty on Cetalox; to the Committee on Ways Committee on Ways and Means. cyclohexanesulfonate; to the Committee on and Means. By Mr. JOHNSON of Illinois: Ways and Means. By Mr. HOLT: H.R. 4744. A bill to extend the temporary By Mr. NEAL: H.R. 4728. A bill to extend the suspension of suspension of duty on Cyproconazole; to the H.R. 4765. A bill to suspend temporarily the duty on Dimethyl malonate; to the Com- Committee on Ways and Means. duty on Pigment Yellow 194; to the Com- mittee on Ways and Means. By Mr. JOHNSON of Illinois: mittee on Ways and Means. By Mr. HOLT: H.R. 4745. A bill to extend the temporary By Mr. NEAL: H.R. 4729. A bill to suspend temporarily the suspension of duty on Cypermethrin; to the H.R. 4766. A bill to suspend temporarily the duty on mixtures of N-[2-(2- Committee on Ways and Means. duty on Pigment Yellow 181; to the Com- oxoimidazolidine-1-yl)ethyl]-2- By Mr. SAM JOHNSON of Texas: mittee on Ways and Means. methylacrylamide, methacrylic acid, H.R. 4746. A bill to extend the suspension of By Mr. NEAL: aminoethyl ethylene urea and hydroquinone; duty on 2-Mercaptoethanol; to the Com- H.R. 4767. A bill to suspend temporarily the to the Committee on Ways and Means. mittee on Ways and Means. duty on Pigment Yellow 191; to the Com- By Mr. HUIZENGA of Michigan (for By Mr. SAM JOHNSON of Texas: mittee on Ways and Means. himself and Mr. FRANK of Massachu- H.R. 4747. A bill to suspend temporarily the By Mr. NEAL: H.R. 4768. A bill to extend the temporary setts): duty on Tetrahydrothiophene; to the Com- suspension of duty on Pigment Red 187; to H.R. 4730. A bill to require the Director of mittee on Ways and Means. the Committee on Ways and Means. the Bureau of Prisons to be appointed by and By Mr. SAM JOHNSON of Texas: with the advice and consent of the Senate; to H.R. 4748. A bill to suspend temporarily the By Mr. NEAL: H.R. 4769. A bill to suspend temporarily the the Committee on the Judiciary. duty on p-Dichlorobenzene; to the Com- duty on Pigment Yellow 180; to the Com- By Mr. HUIZENGA of Michigan: mittee on Ways and Means. mittee on Ways and Means. H.R. 4731. A bill to amend the Harmonized By Mr. SAM JOHNSON of Texas: By Mr. NEAL: Tariff Schedule of the United States to clar- H.R. 4749. A bill to suspend temporarily the H.R. 4770. A bill to reduce temporarily the ify the tariff rates for carpet cleaners and duty on Di-tert-butyl polysulfides; to the duty on Yttrium oxides having a purity of at parts thereof imported into the United Committee on Ways and Means. least 99.9 percent; to the Committee on Ways States; to the Committee on Ways and By Mr. SAM JOHNSON of Texas: and Means. Means. H.R. 4750. A bill to suspend temporarily the By Mr. NUNES: By Mr. HUIZENGA of Michigan: duty on Dimethyl 3,3’-thiodipropionate; to H.R. 4771. A bill to suspend temporarily the H.R. 4732. A bill to extend and modify the the Committee on Ways and Means. duty on Fungaflor Technical (Imazalil); to temporary reduction of duty on 4-methoxy-2- By Mr. SAM JOHNSON of Texas: the Committee on Ways and Means. methyldiphenylamine; to the Committee on H.R. 4751. A bill to suspend temporarily the By Mr. NUNES: Ways and Means. duty on 2-Hydroxyethyl-n-octyl sulfide; to H.R. 4772. A bill to suspend temporarily the By Mr. HUIZENGA of Michigan: the Committee on Ways and Means. duty on Penbotec 400SC; to the Committee H.R. 4733. A bill to extend the temporary By Mr. SAM JOHNSON of Texas: on Ways and Means. suspension of duty on 4’-methoxy-2,2’,4- H.R. 4752. A bill to suspend temporarily the By Mr. ROSS of Arkansas: trimethyl diphenylamine; to the Committee rate of duty on Reactive Red 228; to the Com- H.R. 4773. A bill to extend the suspension of on Ways and Means. mittee on Ways and Means. duty on Bifenazate; to the Committee on By Mr. HUIZENGA of Michigan: By Mr. SAM JOHNSON of Texas: Ways and Means. H.R. 4734. A bill to suspend temporarily the H.R. 4753. A bill to suspend temporarily the By Mr. ROSS of Arkansas: duty on Imazalil; to the Committee on Ways rate of duty on Acid Yellow 151; to the Com- H.R. 4774. A bill to extend the suspension of and Means. mittee on Ways and Means. duty on Paraquat dichloride (1,1’-dimethyl-

VerDate Mar 15 2010 04:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\L25AP7.100 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2126 CONGRESSIONAL RECORD — HOUSE April 25, 2012 4,4’-bipyridinium dichloride); to the Com- greater than or equal to 99.8 percent; to the extractors rated at 800W or higher; to the mittee on Ways and Means. Committee on Ways and Means. Committee on Ways and Means. By Mr. ROSS of Arkansas: By Mr. ROSS of Arkansas: By Mr. SCOTT of Virginia: H.R. 4775. A bill to extend the suspension of H.R. 4795. A bill to suspend temporarily the H.R. 4814. A bill to extend the temporary duty on Propargite; to the Committee on duty on certain urea resins; to the Com- suspension of duty on certain electric juice Ways and Means. mittee on Ways and Means. extractors; to the Committee on Ways and By Mr. ROSS of Arkansas: By Mr. SCOTT of Virginia: Means. H.R. 4776. A bill to extend the suspension of H.R. 4796. A bill to extend the temporary By Mr. SCOTT of Virginia: duty on Pentaerythritol tetrakis[3- suspension of duty on electromechanical ice H.R. 4815. A bill to extend the temporary (dodecylthio)propionate]; to the Committee shavers; to the Committee on Ways and suspension of duty on sandwich toaster on Ways and Means. Means. grills; to the Committee on Ways and Means. By Mr. ROSS of Arkansas: By Mr. SCOTT of Virginia: By Mr. TIERNEY (for himself, Mr. H.R. 4797. A bill to extend the temporary H.R. 4777. A bill to suspend temporarily the BISHOP of New York, Mr. COURTNEY, suspension of duty on combination single duty on 4,4’-Thiobis[2-(1,1-di-methylethyl)-5- Mr. GEORGE MILLER of California, Mr. slot toaster and toaster ovens; to the Com- methyl-phenol]; to the Committee on Ways HINOJOSA, Mr. LEVIN, Mr. STARK, Mr. mittee on Ways and Means. and Means. KILDEE, Mr. PETERS, Ms. CHU, Ms. SE- By Mr. SCOTT of Virginia: By Mr. ROSS of Arkansas: WELL, Mr. PASCRELL, Mr. HOLT, and H.R. 4778. A bill to extend the suspension of H.R. 4798. A bill to extend the temporary suspension of duty on electric knives; to the Ms. SLAUGHTER): duty on N,N-Hexane-1,6-diylbis(3-(3,5-di-tert- H.R. 4816. A bill to amend the Higher Edu- butyl-4-hydroxy-phenyl propionamide)); to Committee on Ways and Means. By Mr. SCOTT of Virginia: cation Act of 1965 to extend the reduced in- the Committee on Ways and Means. terest rate for Federal Direct Stafford By Mr. ROSS of Arkansas: H.R. 4799. A bill to extend the temporary suspension of duty on handheld electric can Loans, and for other purposes; to the Com- H.R. 4779. A bill to suspend temporarily the mittee on Ways and Means, and in addition duty on 2,5-Bis(1,1-dimethylpropyl)-1,4-benz- openers; to the Committee on Ways and Means. to the Committee on Education and the enediol; to the Committee on Ways and Workforce, for a period to be subsequently Means. By Mr. SCOTT of Virginia: H.R. 4800. A bill to suspend temporarily the determined by the Speaker, in each case for By Mr. ROSS of Arkansas: rate of duty on certain single serve and full consideration of such provisions as fall with- H.R. 4780. A bill to suspend temporarily the pot coffee makers; to the Committee on in the jurisdiction of the committee con- duty on 2,2’-(2-Methylpropylidene) bis(4,6- Ways and Means. cerned. dimethylphenol); to the Committee on Ways By Mr. SCOTT of Virginia: By Mr. MEEKS (for himself, Mr. CON- and Means. H.R. 4801. A bill to suspend temporarily the NOLLY of Virginia, Ms. FOXX, and Mr. By Mr. ROSS of Arkansas: rate of duty on certain portable slow cook- H.R. 4781. A bill to suspend temporarily the COHEN): ers; to the Committee on Ways and Means. H. Res. 632. A resolution commending the duty on 4,4’-butylidenebis [3-methyl 6 tert By Mr. SCOTT of Virginia: Government of Turkey for its efforts to fa- butylphenol]; to the Committee on Ways and H.R. 4802. A bill to suspend temporarily the cilitate, host, and care for refugees fleeing Means. rate of duty on certain single serve coffee the Al-Assad regime’s escalating violence in By Mr. ROSS of Arkansas: makers; to the Committee on Ways and Syria; to the Committee on Foreign Affairs. H.R. 4782. A bill to suspend temporarily the Means. duty on 2,2’-Methylenebis (4 methyl 6 tert By Mr. MEEKS (for himself, Mr. HINO- By Mr. SCOTT of Virginia: JOSA, and Mrs. BIGGERT): butylphenol); to the Committee on Ways and H.R. 4803. A bill to suspend temporarily the Means. H. Res. 633. A resolution supporting the rate of duty on certain single serve coffee goals and ideals of ‘‘Financial Literacy By Mr. ROSS of Arkansas: makers; to the Committee on Ways and H.R. 4783. A bill to extend the suspension of Month’’; to the Committee on Oversight and Means. Government Reform. duty on Ipconazole; to the Committee on By Mr. SCOTT of Virginia: Ways and Means. H.R. 4804. A bill to suspend temporarily the f By Mr. ROSS of Arkansas: rate of duty on certain electric skillets; to H.R. 4784. A bill to suspend temporarily the CONSTITUTIONAL AUTHORITY the Committee on Ways and Means. STATEMENT duty on Daminozide; to the Committee on By Mr. SCOTT of Virginia: Ways and Means. H.R. 4805. A bill to suspend temporarily the Pursuant to clause 7 of rule XII of By Mr. ROSS of Arkansas: rate of duty on certain battery operated jar the Rules of the House of Representa- H.R. 4785. A bill to suspend temporarily the openers; to the Committee on Ways and duty on Paraquat Dichloride and Inerts; to tives, the following statements are sub- Means. mitted regarding the specific powers the Committee on Ways and Means. By Mr. SCOTT of Virginia: By Mr. ROSS of Arkansas: H.R. 4806. A bill to suspend temporarily the granted to Congress in the Constitu- H.R. 4786. A bill to extend the suspension of rate of duty on certain battery operated ice tion to enact the accompanying bill or duty on Butralin; to the Committee on Ways cream makers; to the Committee on Ways joint resolution. and Means. and Means. By Mr. RANGEL: By Mr. ROSS of Arkansas: By Mr. SCOTT of Virginia: H.R. 4621. H.R. 4787. A bill to suspend temporarily the H.R. 4807. A bill to suspend temporarily the Congress has the power to enact this legis- duty on Bis(2,3-dibromopropyl ether) of rate of duty on certain frozen treat makers; lation pursuant to the following: Tetrabromobisphenol A; to the Committee to the Committee on Ways and Means. Article 1, Section 8 on Ways and Means. By Mr. SCOTT of Virginia: By Mr. MCNERNEY: By Mr. ROSS of Arkansas: H.R. 4808. A bill to suspend temporarily the H.R. 4788. A bill to extend the suspension of H.R. 4622. rate of duty on certain programmable slow Congress has the power to enact this legis- duty on Phosphoric acid, tris (2-ethylhexyl) cookers; to the Committee on Ways and lation pursuant to the following: ester; to the Committee on Ways and Means. Means. Article I, section 8 of the U.S. Constitu- By Mr. ROSS of Arkansas: By Mr. SCOTT of Virginia: tion. H.R. 4789. A bill to extend the suspension of H.R. 4809. A bill to suspend temporarily the By Mr. PAULSEN: duty on Etridiazole; to the Committee on duty on certain electric dispensing blenders; H.R. 4623. Ways and Means. to the Committee on Ways and Means. Congress has the power to enact this legis- By Mr. ROSS of Arkansas: By Mr. SCOTT of Virginia: H.R. 4790. A bill to extend the suspension of H.R. 4810. A bill to extend the temporary lation pursuant to the following: duty on 2,2,6,6-Tetramethyl-4-piperidinone; suspension of duty on self contained, carafe- Article 1, Section 8. to the Committee on Ways and Means. less automatic drip coffeemaker with elec- By Mr. BACHUS: By Mr. ROSS of Arkansas: tronic clock; to the Committee on Ways and H.R. 4624. H.R. 4791. A bill to suspend temporarily the Means. Congress has the power to enact this legis- duty on 4,4’-methylenebis(2-chloroaniline); By Mr. SCOTT of Virginia: lation pursuant to the following: to the Committee on Ways and Means. H.R. 4811. A bill to extend the temporary This bill is enacted pursuant to the power By Mr. ROSS of Arkansas: suspension of duty on self-contained, carafe- granted to Congress under Article I, Section H.R. 4792. A bill to suspend temporarily the less automatic drip coffeemaker; to the Com- 8, Clause 3 of the United States Constitution. duty on allyl bromide; to the Committee on mittee on Ways and Means. By Mr. WILSON of South Carolina: Ways and Means. By Mr. SCOTT of Virginia: H.R. 4625. By Mr. ROSS of Arkansas: H.R. 4812. A bill to extend the temporary Congress has the power to enact this legis- H.R. 4793. A bill to suspend temporarily the suspension of duty on open top, electric in- lation pursuant to the following: duty on 1,3-Dibromo-5-Dimethylhydantoin; door grills; to the Committee on Ways and Article I, Section 8, Clause 1. ‘‘The Con- to the Committee on Ways and Means. Means. gress shall have Power To lay and collect By Mr. ROSS of Arkansas: By Mr. SCOTT of Virginia: Taxes, Duties, Imposts and Excises, to pay H.R. 4794. A bill to suspend temporarily the H.R. 4813. A bill to extend the temporary the Debts and provide for the common duty on magnesium hydroxide with a purity suspension of duty on certain electric juice Defence and general Welfare of the United

VerDate Mar 15 2010 05:52 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\L25AP7.100 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2127 States; but all Duties, Imposts and Excises Congress has the power to enact this legis- Congress has the power to enact this legis- shall be uniform throughout the United lation pursuant to the following: lation pursuant to the following: States.’’ This bill is enacted pursuant to the power Article I, sec. 8 By Mr. BARLETTA: granted to Congress under Article I, Section By Mr. BISHOP of Georgia: H.R. 4626. 8, Clause 3 of the United States Constitution. H.R. 4652. Congress has the power to enact this legis- By Mr. ALTMIRE: Congress has the power to enact this legis- lation pursuant to the following: H.R. 4638. lation pursuant to the following: Article I, Section 8 of the United States Congress has the power to enact this legis- Article I, sec. 8 Constitution. lation pursuant to the following: By Mr. BISHOP of Georgia: By Mr. THOMPSON of Pennsylvania: This bill is enacted pursuant to the power H.R. 4653. H.R. 4627. granted to Congress under Article I, Section Congress has the power to enact this legis- Congress has the power to enact this legis- 8, Clause 3 of the United States Constitution. lation pursuant to the following: lation pursuant to the following: By Mr. ALTMIRE: Article I, sec. 8 Article I, Section 8, Clause I; and includ- H.R. 4639. By Mr. BUTTERFIELD: ing, but not solely limited to Article I, Sec- Congress has the power to enact this legis- H.R. 4654. tion 8, Clause 3. lation pursuant to the following: At121 Congress has the power to enact this By Mrs. BIGGERT: This bill is enacted pursuant to the power legislation pursuant to the following: H.R. 4628. granted to Congress under Article I, Section Under Article I, Section 8, Clause 1 of the Congress has the power to enact this legis- 8, Clause 3 of the United States Constitution. Constitution, Congress has the power to col- lation pursuant to the following: By Mr. ALTMIRE: lect taxes and expend funds to provide for Article I, section 8 of the Constitution of H.R. 4640. the general welfare of the United States. the United States Congress has the power to enact this legis- Under Article I, Section 8, Clause 18 of Sec- By Mr. DENHAM: lation pursuant to the following: tion 8 of the Constitution, Congress may H.R. 4629. This bill is enacted pursuant to the power make all laws which shall be necessary and Congress has the power to enact this legis- granted to Congress under Article I, Section proper for carrying into execution its powers lation pursuant to the following: 8, Clause 3 of the United States Constitution. and all powers vested by the Constitution in Article I, Section 9 of the United States By Mr. ALTMIRE: the government of United States. Constitution, specifically Clause 7 ‘‘No H.R. 4641. By Mr. BUTTERFIELD: Money shall be drawn from the Treasury, but Congress has the power to enact this legis- H.R. 4655. in Consequence of Appropriations made by lation pursuant to the following: Congress has the power to enact this legis- Law; and a regular Statement and Account This bill is enacted pursuant to the power lation pursuant to the following: of the Receipts and Expenditures of all pub- granted to Congress under Article I, Section Under Article I, Section 8, Clause 1 of the lic Money shall be published from time to 8, Clause 3 of the United States Constitution. Constitution, Congress has the power to col- time.’’ By Mr. ALTMIRE: lect taxes and expend funds to provide for By Mr. DAVID SCOTT of Georgia: H.R. 4642. the general welfare of the United States. H.R. 4630. Congress has the power to enact this legis- Under Article I, Section 8, Clause 18 of Sec- Congress has the power to enact this legis- lation pursuant to the following: tion 8 of the Constitution, Congress may lation pursuant to the following: This bill is enacted pursuant to the power make all laws which shall be necessary and Article I, Section 8, Clause 3. granted to Congress under Article I, Section proper for carrying into execution its powers By Mr. WALSH of Illinois: 8, Clause 3 of the United States Constitution. and all powers vested by the Constitution in H.R. 4631. By Mr. BERG: the government of United States. Congress has the power to enact this legis- H.R. 4643. By Mr. BUTTERFIELD: lation pursuant to the following: Congress has the power to enact this legis- H.R. 4656. Clause I of Section 8 of Article I of the lation pursuant to the following: Congress has the power to enact this legis- Constitution ‘‘The Congress shall have the Article I, Section 8, Clause 1: The Congress lation pursuant to the following: power to lay and collect taxes, duties, im- shall have Power to lay and collect Taxes, Under Article I, Section 8, Clause 1 of the post and excises, to pay the debts and pro- Duties, Imposts and Excises, to pay the Constitution, Congress has the power to col- vide for the common defense and general Debts and provide for the common Defence lect taxes and expend funds to provide for welfare of the United States; but all duties, and general Welfare of the United States; but the general welfare of the United States. imposts and excises shall be uniform all Duties, Imposts and Excises shall be uni- Under Article I, Section 8, Clause 18 of Sec- throughout the United States’’ form throughout the United States. tion 8 of the Constitution, Congress may By Mr. ALTMIRE: By Mr. BISHOP of Georgia: make all laws which shall be necessary and H.R. 4632. H.R. 4644. proper for carrying into execution its powers Congress has the power to enact this legis- Congress has the power to enact this legis- and all powers vested by the Constitution in lation pursuant to the following: lation pursuant to the following: the government of United States. This bill is enacted pursuant to the power Article I, sec. 8 By Mr. CLEAVER: granted to Congress under Article I, Section By Mr. BISHOP of Georgia: H.R. 4657. 8, Clause 3 of the United States Constitution. H.R. 4645. Congress has the power to enact this legis- By Mr. ALTMIRE: Congress has the power to enact this legis- lation pursuant to the following: H.R. 4633. lation pursuant to the following: Article 1, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- Article I, sec. 8 stitution of the United States, which states lation pursuant to the following: By Mr. BISHOP of Georgia: that Congress shall have Power To lay and This bill is enacted pursuant to the power H.R. 4646. collect Taxes, Duties, Imposts and Excises, granted to Congress under Article I, Section Congress has the power to enact this legis- to pay the Debts and provide for the common 8, Clause 3 of the United States Constitution. lation pursuant to the following: Defence and general Welfare of the United By Mr. ALTMIRE: Article I, sec. 8 States; but all Duties, Imposts and Excises H.R. 4634. By Mr. BISHOP of Georgia: shall be uniform throughout the United Congress has the power to enact this legis- H.R. 4647. States. lation pursuant to the following: Congress has the power to enact this legis- By Mr. CLEAVER: This bill is enacted pursuant to the power lation pursuant to the following: H.R. 4658. granted to Congress under Article I, Section Article I, sec. 8 Congress has the power to enact this legis- 8, Clause 3 of the United States Constitution. By Mr. BISHOP of Georgia: lation pursuant to the following: By Mr. ALTMIRE: H.R. 4648. Article 1, Section 8, Clause 1 of the Con- H.R. 4635. Congress has the power to enact this legis- stitution of the United States, which states Congress has the power to enact this legis- lation pursuant to the following: that Congress shall have Power To lay and lation pursuant to the following: Article I, sec. 8 collect Taxes, Duties, Imposts and Excises, This bill is enacted pursuant to the power By Mr. BISHOP of Georgia: to pay the Debts and provide for the common granted to Congress under Article I, Section H.R. 4649. Defence and general Welfare of the United 8, Clause 3 of the United States Constitution. Congress has the power to enact this legis- States; but all Duties, Imposts and Excises By Mr. ALTMIRE: lation pursuant to the following: shall be uniform throughout the United H.R. 4636. Article I, sec. 8 States. Congress has the power to enact this legis- By Mr. BISHOP of Georgia: By Mr. CLEAVER: lation pursuant to the following: H.R. 4650. H.R. 4659. This bill is enacted pursuant to the power Congress has the power to enact this legis- Congress has the power to enact this legis- granted to Congress under Article I, Section lation pursuant to the following: lation pursuant to the following: 8, Clause 3 of the United States Constitution. Article I, sec. 8 Article 1, Section 8, Clause 1 of the Con- By Mr. ALTMIRE: By Mr. BISHOP of Georgia: stitution of the United States, which states H.R. 4637. H.R. 4651. that Congress shall have Power To lay and

VerDate Mar 15 2010 04:24 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.027 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2128 CONGRESSIONAL RECORD — HOUSE April 25, 2012 collect Taxes, Duties, Imposts and Excises, Article 1, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- to pay the Debts and provide for the common stitution of the United States, which states lation pursuant to the following: Defence and general Welfare of the United that Congress shall have Power To lay and Article 1, Section 8, Clause 1 of the Con- States; but all Duties, Imposts and Excises collect Taxes, Duties, Imposts and Excises, stitution of the United States, which states shall be uniform throughout the United to pay the Debts and provide for the common that Congress shall have Power To lay and States. Defence and general Welfare of the United collect Taxes, Duties, Imposts and Excises, By Mr. CLEAVER: States; but all Duties, Imposts and Excises to pay the Debts and provide for the common H.R. 4660. shall be uniform throughout the United Defence and general Welfare of the United Congress has the power to enact this legis- States. States; but all Duties, Imposts and Excises lation pursuant to the following: By Mr. CLEAVER: shall be uniform throughout the United Article 1, Section 8, Clause 1 of the Con- H.R. 4667. States. stitution of the United States, which states Congress has the power to enact this legis- By Mr. COHEN: that Congress shall have Power To lay and lation pursuant to the following: H.R. 4674. collect Taxes, Duties, Imposts and Excises, Article 1, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- to pay the Debts and provide for the common stitution of the United States, which states lation pursuant to the following: Defence and general Welfare of the United that Congress shall have Power To lay and Article 1, Section 8, Clause 1. States; but all Duties, Imposts and Excises collect Taxes, Duties, Imposts and Excises, By Mr. COSTA: to pay the Debts and provide for the common H.R. 4675. shall be uniform throughout the United Congress has the power to enact this legis- States. Defence and general Welfare of the United States; but all Duties, Imposts and Excises lation pursuant to the following: By Mr. CLEAVER: Article 1, Sec. 8, ‘‘The Congress shall have shall be uniform throughout the United H.R. 4661. Power To lay and collect Taxes, Duties, Im- States. Congress has the power to enact this legis- posts and Excises, to pay the Debts and pro- lation pursuant to the following: By Mr. CLEAVER: vide for the common Defence and general Article 1, Section 8, Clause 1 of the Con- H.R. 4668. Congress has the power to enact this legis- Welfare of the United States; but all Duties, stitution of the United States, which states Imposts and Excises shall be uniform that Congress shall have Power To lay and lation pursuant to the following: Article 1, Section 8, Clause 1 of the Con- throughout the United States collect Taxes, Duties, Imposts and Excises, By Mr. COSTA: to pay the Debts and provide for the common stitution of the United States, which states that Congress shall have Power To lay and H.R. 4676. Defence and general Welfare of the United Congress has the power to enact this legis- collect Taxes, Duties, Imposts and Excises, States; but all Duties, Imposts and Excises lation pursuant to the following: shall be uniform throughout the United to pay the Debts and provide for the common Article 1, Sec. 8, ‘‘The Congress shall have States. Defence and general Welfare of the United Power To lay and collect Taxes, Duties, Im- By Mr. CLEAVER: States; but all Duties, Imposts and Excises posts and Excises, to pay the Debts and pro- H.R. 4662. shall be uniform throughout the United vide for the common Defence and general Congress has the power to enact this legis- States. Welfare of the United States; but all Duties, lation pursuant to the following: By Mr. CLEAVER: Imposts and Excises shall be uniform H.R. 4669. Article 1, Section 8, Clause 1 of the Con- throughout the United States Congress has the power to enact this legis- stitution of the United States, which states By Mr. COSTA: lation pursuant to the following: that Congress shall have Power To lay and H.R. 4677. Article 1, Section 8, Clause 1 of the Con- collect Taxes, Duties, Imposts and Excises, Congress has the power to enact this legis- stitution of the United States, which states to pay the Debts and provide for the common lation pursuant to the following: that Congress shall have Power To lay and Defence and general Welfare of the United Article 1, Sec. 8, ‘‘The Congress shall have collect Taxes, Duties, Imposts and Excises, States; but all Duties, Imposts and Excises Power To lay and collect Taxes, Duties, Im- to pay the Debts and provide for the common shall be uniform throughout the United posts and Excises, to pay the Debts and pro- Defence and general Welfare of the United States. vide for the common Defence and general States; but all Duties, Imposts and Excises By Mr. CLEAVER: Welfare of the United States; but all Duties, shall be uniform throughout the United H.R. 4663. Imposts and Excises shall be uniform States. Congress has the power to enact this legis- throughout the United States By Mr. CLEAVER: lation pursuant to the following: By Mr. COSTA: H.R. 4670. H.R. 4678. Article 1, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- stitution of the United States, which states Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: that Congress shall have Power To lay and Article 1, Section 8, Clause 1 of the Con- collect Taxes, Duties, Imposts and Excises, Article 1, Sec. 8, ‘‘The Congress shall have stitution of the United States, which states Power To lay and collect Taxes, Duties, Im- to pay the Debts and provide for the common that Congress shall have Power To lay and Defence and general Welfare of the United posts and Excises, to pay the Debts and pro- collect Taxes, Duties, Imposts and Excises, vide for the common Defence and general States; but all Duties, Imposts and Excises to pay the Debts and provide for the common shall be uniform throughout the United Welfare of the United States; but all Duties, Defence and general Welfare of the United Imposts and Excises shall be uniform States. States; but all Duties, Imposts and Excises By Mr. CLEAVER: throughout the United States shall be uniform throughout the United By Mr. COSTA: H.R. 4664. States. Congress has the power to enact this legis- H.R. 4679. By Mr. CLEAVER: Congress has the power to enact this legis- lation pursuant to the following: H.R. 4671. lation pursuant to the following: Article 1, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- Article 1, Sec. 8, ‘‘The Congress shall have stitution of the United States, which states lation pursuant to the following: Power To lay and collect Taxes, Duties, Im- that Congress shall have Power To lay and Article 1, Section 8, Clause 1 of the Con- posts and Excises, to pay the Debts and pro- collect Taxes, Duties, Imposts and Excises, stitution of the United States, which states vide for the common Defence and general to pay the Debts and provide for the common that Congress shall have Power To lay and Welfare of the United States; but all Duties, Defence, and general Welfare of the United collect Taxes, Duties, Imposts and Excises, Imposts and Excises shall be uniform States; but all Duties, Imposts and Excises to pay the Debts and provide for the common throughout the United States shall be uniform throughout the United Defence and general Welfare of the United By Mr. COSTA: States. States; but all Duties, Imposts and Excises H.R. 4680. By Mr. CLEAVER: shall be uniform throughout the United Congress has the power to enact this legis- H.R. 4665. States. lation pursuant to the following: Congress has the power to enact this legis- By Mr. CLEAVER: Article 1, Sec. 8. ‘‘The Congress shall have lation pursuant to the following: H.R. 4672. the Power To lay and collect Taxes, Duties, Article I, Section 8, Clause 1 of the Con- Congress has the power to enact this legis- Imposts and Excises, to pay the Debts and stitution of the United States, which states lation pursuant to the following: provide for the common Defence and general that Congress shall have Power To lay and Article 1, Section 8, Clause 1 of the Con- Welfare of the United States; but all Duties, collect Taxes, Duties, Imposts and Excises, stitution of the United States, which states Imposts and Excises shall be uniform to pay the Debts and provide for the common that Congress shall have Power To lay and throughout the United States. Defence and general Welfare of the United collect Taxes, Duties, Imposts and Excises, By Mr. COSTA: States; but all Duties, Imposts and Excises to pay the Debts and provide for the common H.R. 4681. shall be uniform throughout the United Defence and general Welfare of the United Congress has the power to enact this legis- States. States; but all Duties, Imposts and Excises lation pursuant to the following: By Mr. CLEAVER: shall be uniform throughout the United Article 1, Sec. 8, ‘‘The Congress shall have H.R. 4666. States. Power To lay and collect Taxes, Duties, Im- Congress has the power to enact this legis- By Mr. CLEAVER: posts and Excises, to pay the Debts and pro- lation pursuant to the following: H.R. 4673. vide for the common Defence and general

VerDate Mar 15 2010 05:52 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.031 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2129 Welfare of the United States; but all Duties, By Mr. GRAVES of Missouri: consumers by lowering the cost to produce Imposts and Excises shall be uniform H.R. 4691. such goods. throughout the United States Congress has the power to enact this legis- By Mr. GRAVES of Missouri: By Mr. COSTA: lation pursuant to the following: H.R. 4697. H.R. 4682. Article 1, Section 8; ‘‘To regulate com- Congress has the power to enact this legis- Congress has the power to enact this legis- merce with foreign nation’’ lation pursuant to the following: lation pursuant to the following: The tariffs which are reduced or suspended Article 1, Section 8; ‘‘To regulate com- Article 1, Sec. 8, ‘‘The Congress shall have in these bills are not produced in the United merce with foreign nation’’ Power To lay and collect Taxes, Duties, Im- States and therefore should not be subjected The tariffs which are reduced or suspended posts and Excises, to pay the Debts and pro- to tariffs meant to protect US domestic pro- in these bills are not produced in the United vide for the common Defence and general ducers. Reducing or suspending trade duties States and therefore should not be subjected Welfare of the United States; but all Duties, on certain imported products ultimately to tariffs meant to protect US domestic pro- Imposts and Excises shall be uniform helps to lower prices of finished goods for US ducers. Reducing or suspending trade duties throughout the United States consumers by lowering the cost to produce on certain imported products ultimately By Mr. COSTA: such goods. helps to lower prices of finished goods for US H.R. 4683. By Mr. GRAVES of Missouri: consumers by lowering the cost to produce Congress has the power to enact this legis- H.R. 4692. such goods. lation pursuant to the following: Congress has the power to enact this legis- By Mr. GRAVES of Missouri: Article 1, Sec. 8, ‘‘The Congress shall have lation pursuant to the following: H.R. 4698. Power To lay and collect Taxes, Duties, Im- Article 1, Section 8; ‘‘To regulate com- Congress has the power to enact this legis- posts and Excises, to pay the Debts and pro- merce with foreign nation’’ lation pursuant to the following: vide for the common Defence and general The tariffs which are reduced or suspended Article 1, Section 8; ‘‘To regulate com- Welfare of the United States; but all Duties, in these bills are not produced in the United merce with foreign nation’’ Imposts and Excises shall be uniform States and therefore should not be subjected The tariffs which are reduced or suspended throughout the United States to tariffs meant to protect US domestic pro- in these bills are not produced in the United By Mr. COSTA: ducers. Reducing or suspending trade duties States and therefore should not be subjected H.R. 4684. on certain imported products ultimately to tariffs meant to protect US domestic pro- Congress has the power to enact this legis- helps to lower prices of finished goods for US ducers. Reducing or suspending trade duties lation pursuant to the following: Article 1, Sec. 8, ‘‘The Congress shall have consumers by lowering the cost to produce on certain imported products ultimately Power To lay and collect Taxes, Duties, Im- such goods. helps to lower prices of finished goods for US posts and Excises, to pay the Debts and pro- By Mr. GRAVES of Missouri: consumers by lowering the cost to produce vide for the common Defence and general H.R. 4693. such goods. Welfare of the United States; but all Duties, Congress has the power to enact this legis- By Mr. GRAVES of Missouri: Imposts and Excises shall be uniform lation pursuant to the following: H.R. 4699. Article 1, Section 8; ‘‘To regulate com- throughout the United States Congress has the power to enact this legis- merce with foreign nation’’ By Mr. COSTA: lation pursuant to the following: H.R. 4685. The tariffs which are reduced or suspended Article 1, Section 8; ‘‘To regulate com- Congress has the power to enact this legis- in these bills are not produced in the United merce with foreign nation’’ lation pursuant to the following: States and therefore should not be subjected The tariffs which are reduced or suspended Article 1, Sec. 8, ‘‘The Congress shall have to tariffs meant to protect US domestic pro- in these bills are not produced in the United Power To lay and collect Taxes, Duties, Im- ducers. Reducing or suspending trade duties States and therefore should not be subjected posts and Excises, to pay the Debts and pro- on certain imported products ultimately to tariffs meant to protect US domestic pro- vide for the common Defence and general helps to lower prices of finished goods for US ducers. Reducing or suspending trade duties Welfare of the United States; but all Duties, consumers by lowering the cost to produce on certain imported products ultimately Imposts and Excises shall be uniform such goods. helps to lower prices of finished goods for US throughout the United States By Mr. GRAVES of Missouri: consumers by lowering the cost to produce By Mr. COSTA: H.R. 4694. such goods. H.R. 4686. Congress has the power to enact this legis- By Mr. GRAVES of Missouri: Congress has the power to enact this legis- lation pursuant to the following: H.R. 4700. lation pursuant to the following: Article 1, Section 8; ‘‘To regulate com- Congress has the power to enact this legis- Article 1, Sec. 8, ‘‘The Congress shall have merce with foreign nation’’ lation pursuant to the following: Power To lay and collect Taxes, Duties, Im- The tariffs which are reduced or suspended Article 1, Section 8; ‘‘To regulate com- posts and Excises, to pay the Debts and pro- in these bills are not produced in the United merce with foreign nation’’ vide for the common Defence and general States and therefore should not be subjected The tariffs which are reduced or suspended Welfare of the United States; but all Duties, to tariffs meant to protect US domestic pro- in these bills are not produced in the United Imposts and Excises shall be uniform ducers. Reducing or suspending trade duties States and therefore should not be subjected throughout the United States on certain imported products ultimately to tariffs meant to protect US domestic pro- By Mr. COSTA: helps to lower prices of finished goods for US ducers. Reducing or suspending trade duties H.R. 4687. consumers by lowering the cost to produce on certain imported products ultimately Congress has the power to enact this legis- such goods. helps to lower prices of finished goods for US lation pursuant to the following: By Mr. GRAVES of Missouri: consumers by lowering the cost to produce Article 1, Sec. 8, ‘‘The Congress shall have H.R. 4695. such goods. Power To lay and collect Taxes, Duties, Im- Congress has the power to enact this legis- By Mr. GENE GREEN of Texas: posts and Excises, to pay the Debts and pro- lation pursuant to the following: H.R. 4701. vide for the common Defence and general Article 1, Section 8; ‘‘To regulate com- Congress has the power to enact this legis- Welfare of the United States; but all Duties, merce with foreign nation’’ lation pursuant to the following: Imposts and Excises shall be uniform The tariffs which are reduced or suspended Article I, Section 8, Clause 1 of the U.S. throughout the United States. in these bills are not produced in the United Constitution ‘‘The Congress shall have By Mr. GERLACH: States and therefore should not be subjected Power to lay and collect Taxes, Duties, Im- H.R. 4688. to tariffs meant to protect US domestic pro- posts and Excises, to pay the Debts and pro- Congress has the power to enact this legis- ducers. Reducing or suspending trade duties vide for the common Defence and general lation pursuant to the following: on certain imported products ultimately Welfare of the United States; but all Duties, The Congress enacts this bill pursuant to helps to lower prices of finished goods for US Imposts and Excises shall be uniform Clause 1 of Section 8 of Article I of the consumers by lowering the cost to produce throughout the United States.’’ United States Constitution. such goods. By Mr. GENE GREEN of Texas: By Mr. GERLACH: H.R. 4689. By Mr. GRAVES of Missouri: H.R. 4702. Congress has the power to enact this legis- H.R. 4696. 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: The Congress enacts this bill pursuant to lation pursuant to the following: Article I, Section 8, Clause 1 of the U.S. Clause 1 of Section 8 of Article I of the Article 1, Section 8; ‘‘To regulate com- Constitution—‘‘The Congress shall have United States Constitution. merce with foreign nation’’ Power to lay and collect Taxes, Duties, Im- By Mr. GERLACH: The tariffs which are reduced or suspended posts and Excises, to pay the Debts and pro- H.R. 4690. in these bills are not produced in the United vide for the common Defence and general Congress has the power to enact this legis- States and therefore should not be subjected Welfare of the United States; but all Duties, lation pursuant to the following: to tariffs meant to protect US domestic pro- Imposts and Excises shall be uniform The Congress enacts this bill pursuant to ducers. Reducing or suspending trade duties throughout the United States.’’ Clause 1 of Section 8 of Article I of the on certain imported products ultimately By Mr. GENE GREEN of Texas: United States Constitution. helps to lower prices of finished goods for US H.R. 4703.

VerDate Mar 15 2010 05:57 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.036 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2130 CONGRESSIONAL RECORD — HOUSE April 25, 2012 Congress has the power to enact this legis- to pay the Debts and provide for the common By Mr. HASTINGS of Washington: lation pursuant to the following: Defence and general Welfare of the United H.R. 4718. Article I, Section 8, Clause 1 of the U.S. States; but all Duties, Imposts and Excises Congress has the power to enact this legis- Constitution—‘‘The Congress shall have shall be uniform throughout the United lation pursuant to the following: Power to lay and collect Taxes, Duties, Im- States; Clause 1 of Section 8 of Article I of the U.S. posts and Excises, to pay the Debts and pro- By Mr. GUTHRIE: Constitution, which states that ‘‘The Con- vide for the common Defence and general H.R. 4711. gress shall have Power to lay and collect Welfare of the United States; but all Duties, Congress has the power to enact this legis- Taxes, Duties, Imposts and Excises, to pay Imposts and Excises shall be uniform lation pursuant to the following: the Debts and provide for the common throughout the United States.’’ Article I, Section 8, Clause 1 Defence and general Welfare of the United By Mr. GENE GREEN of Texas: The Congress shall have Power To lay and States; but all Duties, Imposts and Excises H.R. 4704. collect Taxes, Duties, Imposts and Excises, shall be uniform throughout the United Congress has the power to enact this legis- to pay the Debts and provide for the common States.’’ lation pursuant to the following: Defence and general Welfare of the United By Mr. HASTINGS of Washington: Article I, Section 8, Clause 1 of the U.S. States; but all Duties, Imposts and Excises H.R. 4719. Constitution—‘‘The Congress shall have shall be uniform throughout the United Congress has the power to enact this legis- Power to lay and collect Taxes, Duties, Im- States; lation pursuant to the following: posts and Excises, to pay the Debts and pro- By Mr. GUTHRIE: Clause 1 of Section 8 of Article I of the U.S. vide for the common Defence and general H.R. 4712. Constitution, which states that ‘‘The Con- Welfare of the United States; but all Duties, Congress has the power to enact this legis- gress shall have Power to lay and collect Imposts and Excises shall be uniform lation pursuant to the following: Taxes, Duties, Imposts and Excises, to pay throughout the United States.’’ Article I, Section 8, Clause 1 the Debts and provide for the common By Mr. GENE GREEN of Texas: The Congress shall have Power To lay and Defence and general Welfare of the United H.R. 4705. collect Taxes, Duties, Imposts and Excises, States; but all Duties, Imposts and Excises Congress has the power to enact this legis- to pay the Debts and provide for the common shall be uniform throughout the United lation pursuant to the following: Defence and general Welfare of the United States.’’ Article I, Section 8, Clause 1 of the U.S. States; but all Duties, Imposts and Excises By Mr. HOLT: Constitution—‘‘The Congress shall have shall be uniform throughout the United H.R. 4720. Power to lay and collect Taxes, Duties, Im- States; Congress has the power to enact this legis- posts and Excises, to pay the Debts and pro- By Mr. GUTHRIE: lation pursuant to the following: vide for the common Defence and general H.R. 4713. Article I of the United States Constitution Welfare of the United States; but all Duties, Congress has the power to enact this legis- By Mr. HOLT: Imposts and Excises shall be uniform lation pursuant to the following: H.R. 4721. throughout the United States.’’ Article I, Section 8, Clause 1 Congress has the power to enact this legis- By Mr. GENE GREEN of Texas: The Congress shall have Power To lay and lation pursuant to the following: H.R. 4706. collect Taxes, Duties, Imposts and Excises, Article I of the Constitution of the United Congress has the power to enact this legis- to pay the Debts and provide for the common States lation pursuant to the following: Defence and general Welfare of the United By Mr. HOLT: Article I, Section 8, Clause 1 of the U.S. States; but all Duties, Imposts and Excises H.R. 4722. Constitution—‘‘The Congress shall have shall be uniform throughout the United Congress has the power to enact this legis- Power to lay and collect Taxes, Duties, Im- States; lation pursuant to the following: posts and Excises, to pay the Debts and pro- By Mr. GUTHRIE: Article I of the Constitution of the United vide for the common Defence and general H.R. 4714. States Welfare of the United States; but all Duties, Congress has the power to enact this legis- By Mr. HOLT: Imposts and Excises shall be uniform lation pursuant to the following: H.R. 4723. throughout the United States.’’ Article I, Section 8, Clause 1 Congress has the power to enact this legis- By Mr. GENE GREEN of Texas: The Congress shall have Power To lay and lation pursuant to the following: H.R. 4707. collect Taxes, Duties, Imposts and Excises, Article I of the Constitution of the United Congress has the power to enact this legis- to pay the Debts and provide for the common States lation pursuant to the following: Defence and general Welfare of the United By Mr. HOLT: Article I, Section 8, Clause 1 of the U.S. States; but all Duties, Imposts and Excises H.R. 4724. Constitution—‘‘The Congress shall have shall be uniform throughout the United Congress has the power to enact this legis- Power to lay and collect Taxes, Duties, Im- States; lation pursuant to the following: posts and Excises, to pay the Debts and pro- By Mr. GUTHRIE: Article I of the Constitution of the United vide for the common Defence and general H.R. 4715. States Welfare of the United States; but all Duties, Congress has the power to enact this legis- By Mr. HOLT: Imposts and Excises shall be uniform lation pursuant to the following: H.R. 4725. throughout the United States.’’ Article I, Section 8, Clause 1 Congress has the power to enact this legis- By Mr. GENE GREEN of Texas: The Congress shall have Power To lay and lation pursuant to the following: H.R. 4708. collect Taxes, Duties, Imposts and Excises, Article I of the Constitution of the United Congress has the power to enact this legis- to pay the Debts and provide for the common States lation pursuant to the following: Defence and general Welfare of the United By Mr. HOLT: Article I, Section 8, Clause 1 of the U.S. States; but all Duties, Imposts and Excises H.R. 4726. Constitution—‘‘The Congress shall have shall be uniform throughout the United Congress has the power to enact this legis- Power to lay and collect Taxes, Duties, Im- States; lation pursuant to the following: posts and Excises, to pay the Debts and pro- By Mr. GUTHRIE: Article I of the Constitution of the United vide for the common Defence and general H.R. 4716. States Welfare of the United States; but all Duties, Congress has the power to enact this legis- By Mr. HOLT: Imposts and Excises shall be uniform lation pursuant to the following: H.R. 4727. throughout the United States.’’ Article I, Section 8, Clause 1 Congress has the power to enact this legis- By Mr. GUTHRIE: The Congress shall have Power To lay and lation pursuant to the following: H.R. 4709. collect Taxes, Duties, Imposts and Excises, Article I of the Constitution of the United Congress has the power to enact this legis- to pay the Debts and provide for the common States lation pursuant to the following: Defence and general Welfare of the United By Mr. HOLT: Article I, Section 8, Clause 1 States; but all Duties, Imposts and Excises H.R. 4728. The Congress shall have Power To lay and shall be uniform throughout the United Congress has the power to enact this legis- collect Taxes, Duties, Imposts and Excises, States; lation pursuant to the following: to pay the Debts and provide for the common By Mr. GUTHRIE: Article I of the Constitution of the United Defence and general Welfare of the United H.R. 4717. States States; but all Duties, Imposts and Excises Congress has the power to enact this legis- By Mr. HOLT: shall be uniform throughout the United lation pursuant to the following: H.R. 4729. States; Article I, Section 8, Clause 1 Congress has the power to enact this legis- By Mr. GUTHRIE: The Congress shall have Power To lay and lation pursuant to the following: H.R. 4710. collect Taxes, Duties, Imposts and Excises, Article I of the Constitution of the United Congress has the power to enact this legis- to pay the Debts and provide for the common States lation pursuant to the following: Defence and general Welfare of the United By Mr. HUIZENGA of Michigan: Article I, Section 8, Clause 1 States; but all Duties, Imposts and Excises H.R. 4730. The Congress shall have Power To lay and shall be uniform throughout the United Congress has the power to enact this legis- collect Taxes, Duties, Imposts and Excises, States; lation pursuant to the following:

VerDate Mar 15 2010 04:30 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.039 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2131 Article 2, Section 3 states that the Presi- This legislation ensures that the military Congress has the power to enact this legis- dent ‘‘shall take Care that the Laws be faith- personnel who are homeowners are not dis- lation pursuant to the following: fully Executed.’’ criminated against for their military service Article 1, Section 8. Specifically: By Mr. HUIZENGA of Michigan: when trying to refinance their property. Spe- Clause 1: The Congress shall have Power H.R. 4731. cific authority is provided by Article I, sec- To lay and collect Taxes, Duties, Imposts Congress has the power to enact this legis- tion 8 of the United States Constitution and Excises, to pay the Debts and provide for lation pursuant to the following: (clauses 12, 13, and 14), which grants Congress the common Defense and general Welfare of Pursuant to the power granted to Congress the power to raise and support an Army; to the United States; but all Duties, Imposts under Article I, Section 8, Clause 3 of the provide and maintain a Navy; and to make and Excises shall be uniform throughout the United States Constitution, which states the rules for the government and regulation of United States; Congress shall have the power ‘‘To regulate the land and naval forces. Clause 3: To regulate Commerce with for- Commerce with foreign Nations.’’ By Mr. JOHNSON of Illinois: eign Nations, and among the several States, By Mr. HUIZENGA of Michigan: H.R. 4741. and with the Indian Tribes; H.R. 4732. Congress has the power to enact this legis- By Mr. SAM JOHNSON of Texas: Congress has the power to enact this legis- lation pursuant to the following: H.R. 4749. lation pursuant to the following: Article I, Section 8 states ‘‘The Congress Congress has the power to enact this legis- Pursuant to the power granted to Congress shall have the Power to lay and collect lation pursuant to the following: under Article I, Section 8, Clause 3 of the taxes, duties, imposts and excises.’’ Article 1, Section 8. Specifically: United States Constitution, which states the This bill modifies a duty which is clearly Clause 1: The Congress shall have Power Congress shall have the power ‘‘To regulate designated as a responsibility of Congress. To lay and collect Taxes, Duties, Imposts Commerce with foreign Nations.’’ By Mr. JOHNSON of Illinois: and Excises, to pay the Debts and provide for By Mr. HUIZENGA of Michigan: H.R. 4742. the common Defense and general Welfare of H.R. 4733. Congress has the power to enact this legis- the United States; but all Duties, Imposts Congress has the power to enact this legis- lation pursuant to the following: and Excises shall be uniform throughout the lation pursuant to the following: Article I, Section 8 states ‘‘The Congress United States; Pursuant to the power granted to Congress shall have the Power to lay and collect Clause 3: To regulate Commerce with for- under Article I, Section 8, Clause 3 of the taxes, duties, imposts and excises.’’ eign Nations, and among the several States, United States Constitution, which states the This bill modifies a duty which is clearly and with the Indian Tribes; Congress shall have the power ‘‘To regulate designated as a responsibility of Congress. By Mr. SAM JOHNSON of Texas: Commerce with foreign Nations.’’ By Mr. JOHNSON of Illinois: H.R. 4750. By Mr. HUIZENGA of Michigan: H.R. 4743. Congress has the power to enact this legis- H.R. 4734. 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. Specifically: lation pursuant to the following: Article I, Section 8 states ‘‘The Congress Clause 1: The Congress shall have Power Pursuant to the power granted to Congress shall have the Power to lay and collect To lay and collect Taxes, Duties, Imposts under Article I, Section 8, Clause 3 of the taxes, duties, imposts and excises.’’ and Excises, to pay the Debts and provide for United States Constitution, which states the This bill modifies a duty which is clearly the common Defense and general Welfare of Congress shall have the power ‘‘To regulate designated as a responsibility of Congress. the United States; but all Duties, Imposts Commerce with foreign Nations.’’ By Mr. JOHNSON of Illinois: and Excises shall be uniform throughout the By Mr. HUIZENGA of Michigan: H.R. 4744. United States; H.R. 4735. Congress has the power to enact this legis- Clause 3: To regulate Commerce with for- Congress has the power to enact this legis- lation pursuant to the following: eign Nations, and among the several States, lation pursuant to the following: Article I, Section 8 states ‘‘The Congress and with the Indian Tribes; Pursuant to the power granted to Congress shall have the Power to lay and collect By Mr. SAM JOHNSON of Texas: under Article I, Section 8, Clause 3 of the taxes, duties, imposts and excises.’’ H.R. 4751. United States Constitution, which states the This bill modifies a duty which is clearly Congress has the power to enact this legis- Congress shall have the power ‘‘To regulate designated as a responsibility of Congress. lation pursuant to the following: Commerce with foreign Nations.’’ By Mr. JOHNSON of Illinois: Article 1, Section 8. Specifically: By Mr. HUIZENGA of Michigan: H.R. 4745. Clause 1: The Congress shall have Power H.R. 4736. Congress has the power to enact this legis- To lay and collect Taxes, Duties, Imposts Congress has the power to enact this legis- lation pursuant to the following: and Excises, to pay the Debts and provide for lation pursuant to the following: Article I, Section 8 states ‘‘The Congress the common Defense and general Welfare of Pursuant to the power granted to Congress shall have the Power to lay and collect the United States; but all Duties, Imposts under Article I, Section 8, Clause 3 of the taxes, duties, imposts and excises.’’ and Excises shall be uniform throughout the United States Constitution, which states the This bill modifies a duty which is clearly United States; Congress shall have the power ‘‘To regulate designated as a responsibility of Congress. Clause 3: To regulate Commerce with for- Commerce with foreign Nations.’’ By Mr. SAM JOHNSON of Texas: eign Nations, and among the several States, By Mr. HUIZENGA of Michigan: H.R. 4746. and with the Indian Tribes; H.R. 4737. Congress has the power to enact this legis- By Mr. SAM JOHNSON of Texas: Congress has the power to enact this legis- lation pursuant to the following: H.R. 4752. lation pursuant to the following: Article 1, Section 8. Specifically: Congress has the power to enact this legis- Pursuant to the power granted to Congress Clause 1: The Congress shall have Power lation pursuant to the following: under Article I, Section 8, Clause 3 of the To lay and collect Taxes, Duties, Imposts Article 1, Section 8. Specifically: United States Constitution, which states the and Excises, to pay the Debts and provide for Clause 1: The Congress shall have Power Congress shall have the power ‘‘To regulate the common Defense and general Welfare of To lay and collect Taxes, Duties, Imposts Commerce with foreign Nations.’’ the United States; but all Duties, Imposts and Excises, to pay the Debts and provide for By Mr. HUIZENGA of Michigan: and Excises shall be uniform throughout the the common Defense and general Welfare of H.R. 4738. United States; the United States; but all Duties, Imposts Congress has the power to enact this legis- Clause 3: To regulate Commerce with for- and Excises shall be uniform throughout the lation pursuant to the following: eign Nations, and among the several States, United States; Pursuant to the power granted to Congress and with the Indian Tribes; Clause 3: To regulate Commerce with for- under Article I, Section 8, Clause 3 of the By Mr. SAM JOHNSON of Texas: eign Nations, and among the several States, United States Constitution, which states the H.R. 4747. and with the Indian Tribes; Congress shall have the power ‘‘To regulate Congress has the power to enact this legis- By Mr. SAM JOHNSON of Texas: Commerce with foreign Nations.’’ lation pursuant to the following: H.R. 4753. By Mr. HUIZENGA of Michigan: Article 1, Section 8. Specifically: Congress has the power to enact this legis- H.R. 4739. Clause 1: The Congress shall have Power lation pursuant to the following: Congress has the power to enact this legis- To lay and collect Taxes, Duties, Imposts Article 1, Section 8. Specifically: lation pursuant to the following: and Excises, to pay the Debts and provide for Clause 1: The Congress shall have Power Pursuant to the power granted to Congress the common Defense and general Welfare of To lay and collect Taxes, Duties, Imposts under Article I, Section 8, Clause 3 of the the United States; but all Duties, Imposts and Excises, to pay the Debts and provide for United States Constitution, which states the and Excises shall be uniform throughout the the common Defense and general Welfare of Congress shall have the power ‘‘To regulate United States; the United States; but all Duties, Imposts Commerce with foreign Nations.’’ Clause 3: To regulate Commerce with for- and Excises shall be uniform throughout the By Mr. HUNTER: eign Nations, and among the several States, United States; H.R. 4740. and with the Indian Tribes; Clause 3: To regulate Commerce with for- Congress has the power to enact this legis- By Mr. SAM JOHNSON of Texas: eign Nations, and among the several States, lation pursuant to the following: H.R. 4748. and with the Indian Tribes;

VerDate Mar 15 2010 04:30 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.041 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE H2132 CONGRESSIONAL RECORD — HOUSE April 25, 2012 By Mr. SAM JOHNSON of Texas: This bill is enacted pursuant to the power Clause 3 of section 8 of article I of the Con- H.R. 4754. granted to Congress under Article I of the stitution of the United States. Congress has the power to enact this legis- United States Constitution and its subse- By Mr. ROSS of Arkansas: lation pursuant to the following: quent amendments, and further clarified and H.R. 4773. Article 1, Section 8. Specifically: interpreted by the Supreme Court of the Congress has the power to enact this legis- Clause 1: The Congress shall have Power United States. lation pursuant to the following: To lay and collect Taxes, Duties, Imposts By Mr. LEWIS of Georgia: The constitutional authority on which this and Excises, to pay the Debts and provide for H.R. 4761. bill rests is the power of Congress to lay and the common Defense and general Welfare of Congress has the power to enact this legis- collect duties and to regulate Commerce the United States; but all Duties, Imposts lation pursuant to the following: with foreign Nations, as enumerated in Arti- and Excises shall be uniform throughout the This bill is enacted pursuant to the power cle I, Section 8. United States; granted to Congress under Article I of the By Mr. ROSS of Arkansas: Clause 3: To regulate Commerce with for- United States Constitution and its subse- H.R. 4774. eign Nations, and among the several States, quent amendments, and further clarified and Congress has the power to enact this legis- and with the Indian Tribes; interpreted by the Supreme Court of the lation pursuant to the following: By Mr. SAM JOHNSON of Texas: United States. The constitutional authority on which this H.R. 4755. By Mr. NEAL: bill rests is the power of Congress to lay and Congress has the power to enact this legis- H.R. 4762. collect duties and to regulate Commerce lation pursuant to the following: Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- Article 1, Section 8. Specifically: lation pursuant to the following: cle I, Section 8. Clause 1: The Congress shall have Power Congress has the power to enact this legis- By Mr. ROSS of Arkansas: To lay and collect Taxes, Duties, Imposts lation pursuant to Clause 1 of Section 8 of H.R. 4775. and Excises, to pay the Debts and provide for Article I of the U.S. Constitution. Congress has the power to enact this legis- the common Defense and general Welfare of By Mr. NEAL: lation pursuant to the following: the United States; but all Duties, Imposts H.R. 4763. The constitutional authority on which this and Excises shall be uniform throughout the Congress has the power to enact this legis- bill rests is the power of Congress to lay and United States; lation pursuant to the following: collect duties and to regulate Commerce Clause 3: To regulate Commerce with for- Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- eign Nations, and among the several States, lation pursuant to Clause 1 of Section 8 of cle I, Section 8. and with the Indian Tribes; Article I of the U.S. Constitution. By Mr. ROSS of Arkansas: By Mr. SAM JOHNSON of Texas: By Mr. NEAL: H.R. 4776. H.R. 4756. H.R. 4764. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following: The constitutional authority on which this Article 1, Section 8. Specifically: Congress has the power to enact this legis- bill rests is the power of Congress to lay and Clause 1: The Congress shall have Power lation pursuant to Clause 1 of Section 8 of collect duties and to regulate Commerce To lay and collect Taxes, Duties, Imposts Article I of the U.S. Constitution. with foreign Nations, as enumerated in Arti- and Excises, to pay the Debts and provide for By Mr. NEAL: cle I, Section 8. the common Defense and general Welfare of H.R. 4765. By Mr. ROSS of Arkansas: the United States; but all Duties, Imposts Congress has the power to enact this legis- H.R. 4777. and Excises shall be uniform throughout the lation pursuant to the following: Congress has the power to enact this legis- United States; Congress has the power to enact this legis- lation pursuant to the following: Clause 3: To regulate Commerce with for- lation pursuant to Clause 1 of Section 8 of The constitutional authority on which this eign Nations, and among the several States, Article I of the U.S. Constitution. bill rests is the power of Congress to lay and and with the Indian Tribes; By Mr. NEAL: collect duties and to regulate Commerce By Mr. SAM JOHNSON of Texas: H.R. 4766. with foreign Nations, as enumerated in Arti- H.R. 4757. Congress has the power to enact this legis- cle I, Section 8. Congress has the power to enact this legis- lation pursuant to the following: By Mr. ROSS of Arkansas: lation pursuant to the following: Congress has the power to enact this legis- H.R. 4778. Article 1, Section 8. Specifically: lation pursuant to Clause 1 of Section 8 of Congress has the power to enact this legis- Clause 1: The Congress shall have Power Article I of the U.S. Constitution. lation pursuant to the following: To lay and collect Taxes, Duties, Imposts By Mr. NEAL: The constitutional authority on which this and Excises, to pay the Debts and provide for H.R. 4767. bill rests is the power of Congress to lay and the common Defense and general Welfare of Congress has the power to enact this legis- collect duties and to regulate Commerce the United States; but all Duties, Imposts lation pursuant to the following: with foreign Nations, as enumerated in Arti- and Excises shall be uniform throughout the Congress has the power to enact this legis- cle I, Section 8. United States; lation pursuant to Clause 1 of Section 8 of By Mr. ROSS of Arkansas: Clause 3: To regulate Commerce with for- Article I of the U.S. Constitution. H.R. 4779. eign Nations, and among the several States, By Mr. NEAL: Congress has the power to enact this legis- and with the Indian Tribes; H.R. 4768. lation pursuant to the following: By Mr. SAM JOHNSON of Texas: Congress has the power to enact this legis- The constitutional authority on which this H.R. 4758. lation pursuant to the following: bill rests is the power of Congress to lay and Congress has the power to enact this legis- Congress has the power to enact this legis- collect duties and to regulate Commerce lation pursuant to the following: lation pursuant to Clause 1 of Section 8 of with foreign Nations, as enumerated in Arti- Article 1, Section 8. Specifically: Article I of the U.S. Constitution. cle I, Section 8. Clause 1: The Congress shall have Power By Mr. NEAL: By Mr. ROSS of Arkansas: To lay and collect Taxes, Duties, Imposts H.R. 4769. H.R. 4780. and Excises, to pay the Debts and provide for Congress has the power to enact this legis- Congress has the power to enact this legis- the common Defense and general Welfare of lation pursuant to the following: lation pursuant to the following: the United States; but all Duties, Imposts Congress has the power to enact this legis- The constitutional authority on which this and Excises shall be uniform throughout the lation pursuant to Clause 1 of Section 8 of bill rests is the power of Congress to lay and United States; Article I of the U.S. Constitution. collect duties and to regulate Commerce Clause 3: To regulate Commerce with for- By Mr. NEAL: with foreign Nations, as enumerated in Arti- eign Nations, and among the several States, H.R. 4770. cle I, Section 8. and with the Indian Tribes; Congress has the power to enact this legis- By Mr. ROSS of Arkansas: By Mr. LEWIS of Georgia: lation pursuant to the following: H.R. 4781. H.R. 4759. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to Clause 1 of Section 8 of lation pursuant to the following: lation pursuant to the following: Article I of the U.S. Constitution. The constitutional authority on which this This bill is enacted pursuant to the power By Mr. NUNES: bill rests is the power of Congress to lay and granted to Congress under Article I of the H.R. 4771. collect duties and to regulate Commerce United States Constitution and its subse- Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- quent amendments, and further clarified and lation pursuant to the following: cle I, Section 8. interpreted by the Supreme Court of the Clause 3 of section 8 of article I of the Con- By Mr. ROSS of Arkansas: United States. stitution of the United States. H.R. 4782. By Mr. LEWIS of Georgia: By Mr. NUNES: Congress has the power to enact this legis- H.R. 4760. H.R. 4772. lation pursuant to the following: Congress has the power to enact this legis- Congress has the power to enact this legis- The constitutional authority on which this lation pursuant to the following: lation pursuant to the following: bill rests is the power of Congress to lay and

VerDate Mar 15 2010 04:30 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\A25AP7.044 H25APPT1 pwalker on DSK7TPTVN1PROD with HOUSE April 25, 2012 CONGRESSIONAL RECORD — HOUSE H2133 collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4783. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4793. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4803. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4784. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4794. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4804. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4785. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4795. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4805. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4786. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. SCOTT of Virginia: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4796. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4806. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4787. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. SCOTT of Virginia: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4797. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4807. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4788. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. SCOTT of Virginia: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4798. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4808. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4789. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. SCOTT of Virginia: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4799. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4809. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4790. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. SCOTT of Virginia: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4800. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4810. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4791. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. SCOTT of Virginia: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4801. cle I, Section 8. The constitutional authority on which this Congress has the power to enact this legis- By Mr. SCOTT of Virginia: 4 bill rests is the power of Congress to lay and lation pursuant to the following: H.R. 4811. collect duties and to regulate Commerce The constitutional authority on which this Congress has the power to enact this legis- with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and lation pursuant to the following: cle I, Section 8. collect duties and to regulate Commerce The constitutional authority on which this By Mr. ROSS of Arkansas: with foreign Nations, as enumerated in Arti- bill rests is the power of Congress to lay and H.R. 4792. cle I, Section 8. collect duties and to regulate Commerce Congress has the power to enact this legis- By Mr. SCOTT of Virginia: with foreign Nations, as enumerated in Arti- lation pursuant to the following: H.R. 4802. cle I, Section 8.

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By Mr. SCOTT of Virginia: H.R. 1704: Mr. KEATING and Mr. SCHIFF. H.R. 4077: Mr. OLVER, Mr. COHEN, and Ms. H.R. 4812. H.R. 1738: Mr. SCHIFF. LEE of California. Congress has the power to enact this legis- H.R. 1746: Mr. CAPUANO. H.R. 4095: Mr. PETERSON, Mr. SHULER, Mr. lation pursuant to the following: H.R. 1802: Mr. REED and Mr. PASTOR of Ari- MCINTYRE, Mr. BOSWELL, and Mr. THOMPSON The constitutional authority on which this zona. of California. bill rests is the power of Congress to lay and H.R. 1860: Mr. CARSON of Indiana, Mr. H.R. 4115: Mr. MICHAUD. collect duties and to regulate Commerce TONKO, Mr. JOHNSON of Ohio, and Ms. CLARKE H.R. 4122: Mr. BERMAN and Mr. RYAN of with foreign Nations, as enumerated in Arti- of New York. Wisconsin. cle I, Section 8. H.R. 1862: Mr. DEUTCH. H.R. 4124: Mr. YODER. By Mr. SCOTT of Virginia: H.R. 2052: Mr. WELCH. H.R. 4133: Mr. BASS of New Hampshire, Mr. H.R. 4813. H.R. 2086: Mr. CARDOZA and Mr. SESSIONS. AMODEI, Mr. COBLE, Mr. GRAVES of Georgia, Congress has the power to enact this legis- H.R. 2104: Mr. PETRI, Mr. WALDEN, Mr. Mrs. EMERSON, Mr. GOSAR, Mr. FARENTHOLD, lation pursuant to the following: SCHOCK, Mr. FORBES, Ms. SCHAKOWSKY, Mr. Mr. CULBERSON, Mrs. MILLER of Michigan, The constitutional authority on which this LATOURETTE, Mr. QUIGLEY Mr. MEEHAN, Mr. Mr. BENISHEK, Mr. MURPHY of Connecticut, bill rests is the power of Congress to lay and JOHNSON of Georgia, Mr. MCHENRY, Mr. LAR- Mr. THOMPSON of California, Mr. DOYLE, Mrs. collect duties and to regulate Commerce SON of Connecticut, Mr. SHUSTER, and Mr. NOEM, Mr. WEBSTER, and Mr. COFFMAN of with foreign Nations, as enumerated in Arti- THOMPSON of Pennsylvania. Colorado. cle I, Section 8. H.R. 2151: Ms. LEE of California. H.R. 4134: Mr. POE of Texas and Ms. By Mr. SCOTT of Virginia: H.R. 2221: Mr. LUETKEMEYER and Mr. CAR- HANABUSA. H.R. 4814. TER. H.R. 4154: Mr. WELCH. Congress has the power to enact this legis- H.R. 2245: Mr. PETERSON. H.R. 4157: Mr. POSEY, Mr. GRAVES of Geor- lation pursuant to the following: H.R. 2288: Mr. SCHOCK. gia, Mr. THOMPSON of California, Mr. ROE of The constitutional authority on which this H.R. 2307: Mr. THOMPSON of Pennsylvania. Tennessee, Mr. STEARNS, Mr. CHANDLER, Mr. bill rests is the power of Congress to lay and H.R. 2308: Mr. BISHOP of Utah. CRAWFORD, Mr. GRIFFITH of Virginia, and Mr. collect duties and to regulate Commerce H.R. 2311: Mr. PETERSON and Mr. YOUNG of LANDRY. with foreign Nations, as enumerated in Arti- Alaska. H.R. 4158: Mr. NEUGEBAUER and Mr. CUL- cle I, Section 8. H.R. 2376: Ms. CHU. BERSON. By Mr. SCOTT of Virginia: H.R. 2493: Mr. MEEKS. H.R. 4165: Mr. CLAY and Mr. BOSWELL. H.R. 4815. H.R. 2499: Mr. CARNAHAN and Mr. MCNER- H.R. 4182: Mr. GRAVES of Georgia. Congress has the power to enact this legis- NEY. H.R. 4188: Mr. FLEISCHMANN. lation pursuant to the following: H.R. 2502: Mr. PETERSON, Mr. PAUL, and Mr. H.R. 4200: Mr. THORNBERRY. The constitutional authority on which this SCHOCK. H.R. 4229: Mr. SMITH of Texas, Mr. bill rests is the power of Congress to lay and H.R. 2569: Mr. SESSIONS, Mr. MILLER of PIERLUISI, Mr. PASCRELL, Mr. VAN HOLLEN, collect duties and to regulate Commerce Florida, and Mr. MCHENRY. Mr. BACA, Ms. BONAMICI, and Ms. FUDGE. with foreign Nations, as enumerated in Arti- H.R. 2679: Mr. PRICE of North Carolina and H.R. 4232: Mr. SCHWEIKERT and Mr. cle I, Section 8. Mr. LIPINSKI. BENISHEK. By Mr. TIERNEY: H.R. 2741: Mr. BRALEY of Iowa, Mr. HINO- H.R. 4237: Mr. BENISHEK. H.R. 4816. JOSA, and Ms. SLAUGHTER. H.R. 4256: Mr. OWENS. H.R. 4259: Mr. MARKEY, Mr. CAPUANO, and Congress has the power to enact this legis- H.R. 2787: Mr. TURNER of New York. Mr. MORAN. lation pursuant to the following: H.R. 2952: Mr. SCHOCK. H.R. 4269: Mr. FRANKS of Arizona. Article I, Section 8, Clause 1, 3 and 18 of H.R. 2960: Mr. GOSAR and Mr. BUTTERFIELD. H.R. 4271: Mr. BACA. the U.S. Constitution. H.R. 2962: Mrs. ELLMERS. H.R. 3015: Mr. RANGEL. H.R. 4273: Mr. COSTELLO, Mr. OWENS, Mr. f H.R. 3032: Mr. ROE of Tennessee. LATTA, Mr. LONG, Mr. SULLIVAN, and Mr. H.R. 3035: Mr. BARTLETT. CANSECO. ADDITIONAL SPONSORS H.R. 3125: Mrs. BONO MACK and Mr. CAR- H.R. 4277: Mr. DAVIS of Illinois, Mr. AL Under clause 7 of rule XII, sponsors DOZA. GREEN of Texas, Mr. HASTINGS of Florida, were added to public bills and resolu- H.R. 3148: Mr. AMODEI. Mr. DAVID SCOTT of Georgia, and Ms. WILSON tions as follows: H.R. 3151: Mr. CARNAHAN. of Florida. H.R. 3173: Mr. KINZINGER of Illinois and Mr. H.R. 4282: Mr. SCHOCK. H.R. 190: Mr. MORAN. JOHNSON of Ohio. H.R. 4294: Mr. KLINE. H.R. 300: Ms. EDWARDS, Mr. KUCINICH, and H.R. 3187: Mr. MICA and Mr. NUNNELEE. H.R. 4296: Mr. AUSTIN SCOTT of Georgia, Mr. RUSH. H.R. 3269: Mr. PRICE of North Carolina, Mr. Mr. KING of Iowa, Mr. THOMPSON of Pennsyl- H.R. 303: Mr. WALSH of Illinois. MCINTYRE, Mr. STUTZMAN, Ms. HANABUSA, vania, and Mr. ROSKAM. H.R. 409: Mr. YODER. Mr. GOSAR, Mr. CRENSHAW, and Ms. RICHARD- H.R. 4313: Mr. FINCHER. H.R. 615: Mr. NUGENT. SON. H.R. 4322: Mr. BISHOP of Utah. H.R. 692: Mr. LABRADOR. H.R. 3307: Mr. DEUTCH and Mr. PASCRELL. H.R. 4332: Mr. DINGELL. H.R. 708: Mr. SCHRADER. H.R. 3308: Mr. GRAVES of Georgia. H.R. 4342: Mr. LIPINSKI, Mr. BOSWELL, and H.R. 719: Mr. BARROW, Mr. POSEY, Mr. HIG- H.R. 3435: Mr. MILLER of North Carolina. Mr. KINZINGER of Illinois. GINS, Ms. SCHWARTZ, and Mr. KLINE. H.R. 3448: Mr. WEBSTER. H.R. 4344: Mr. CARNAHAN. H.R. 733: Ms. GRANGER. H.R. 3511: Mr. BROOKS. H.R. 4346: Mr. CONYERS and Ms. CLARKE of H.R. 860: Ms. CLARKE of New York, Mr. H.R. 3553: Mr. NADLER, Mr. RANGEL, and New York. FINCHER, and Mr. GOSAR. Mr. HONDA. H.R. 4372: Mrs. MYRICK. H.R. 885: Ms. SLAUGHTER, Mr. COLE, and H.R. 3591: Mr. RANGEL. H.R. 4387: Mr. TERRY. Mr. RYAN of Ohio. H.R. 3612: Mr. KING of Iowa and Mr. ROO- H.R. 4388: Mr. AKIN and Mr. POE of Texas. H.R. 905: Mr. GRIJALVA. NEY. H.R. 4402: Mr. GOSAR. H.R. 1047: Mr. HENSARLING and Mr. H.R. 3668: Mr. SCHOCK and Mr. GENE GREEN H.R. 4454: Mr. FLEMING, Mr. CHABOT, Mr. SOUTHERLAND. of Texas. HARRIS, Mr. WALBERG, Mr. MULVANEY, Mr. H.R. 1112: Mr. SCHWEIKERT. H.R. 3721: Mr. WEST. GOHMERT, Mr. DUNCAN of South Carolina, H.R. 1145: Mr. COLE. H.R. 3729: Mr. SOUTHERLAND and Mr. BERG. and Mr. SOUTHERLAND. H.R. 1262: Mr. DOYLE. H.R. 3767: Mr. AUSTIN SCOTT of Georgia. H.R. 4470: Mr. RANGEL, Mr. TOWNS, Ms. H.R. 1265: Mrs. BLACK, Mr. THOMPSON of H.R. 3770: Mr. SCHOCK. VELA´ ZQUEZ, Mr. JOHNSON of Georgia, and Mr. Pennsylvania, Mr. CLARKE of Michigan, and H.R. 3790: Mr. BACA and Mr. LATHAM. LEWIS of Georgia. Mr. YODER. H.R. 3792: Mr. ROE of Tennessee. H.R. 4483: Mr. DAVIS of Illinois. H.R. 1327: Mr. CARDOZA, Mr. GOODLATTE, H.R. 3810: Mr. SIRES. H.R. 4607: Ms. JENKINS, Mr. CANSECO, Mr. and Mr. MCNERNEY. H.R. 3816: Mr. PETERSON and Mr. PEARCE. LANKFORD, and Mr. TERRY. H.R. 1331: Mr. CASSIDY. H.R. 3819: Mr. SCHOCK. H.R. 4609: Ms. VELA´ ZQUEZ. H.R. 1332: Mr. CLAY. H.R. 3826: Mr. THOMPSON of California, Mr. H.J. Res. 103: Mr. REHBERG and Mr. ROS- H.R. 1416: Mr. BOSWELL, Mr. ROKITA, Mr. SCHIFF, Mr. RICHMOND, Mr. ROTHMAN of New KAM. SCHOCK, and Mr. TERRY. Jersey, and Mr. PLATTS. H.J. Res. 104: Mr. CANSECO. H.R. 1493: Mrs. NAPOLITANO. H.R. 3828: Mrs. NOEM and Mr. WITTMAN. H. Con. Res. 115: Mr. NUNNELEE, Mr. HALL, H.R. 1543: Mr. CLAY. H.R. 3839: Mrs. LOWEY. Mr. POMPEO, Mr. LUETKEMEYER, Mr. RIVERA, H.R. 1639: Mr. CAMPBELL, Mr. DUFFY, Mr. H.R. 3994: Mr. GRAVES of Georgia and Mr. Mr. LANDRY, Mr. COFFMAN of Colorado, Mr. HASTINGS of Florida, and Mr. KINZINGER of Il- BROUN of Georgia. SOUTHERLAND, Mr. AKIN, Mr. ROSKAM, Mr. linois. H.R. 4030: Mr. SCHILLING. OLSON, Mr. CONAWAY, Mr. BRADY of Texas, H.R. 1653: Mr. MCCLINTOCK. H.R. 4049: Ms. TSONGAS. Mr. WALBERG, Mr. ROHRABACHER, Mr. GAR- H.R. 1666: Mr. RAHALL. H.R. 4055: Mr. GENE GREEN of Texas. RETT, Mr. SCALISE, Mr. SCHWEIKERT, Mr. H.R. 1675: Mr. KLINE and Mr. GRIJALVA. H.R. 4057: Mr. GENE GREEN of Texas. SMITH of Texas, and Mr. ISSA.

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H. Con. Res. 116: Mrs. CAPPS, Mr. STIVERS, H. Res. 526: Mr. WEST, Mr. DOLD, and Mr. H. Res. 618: Ms. SCHWARTZ, Mr. HIGGINS, and Mr. RIBBLE. HUNTER. Mr. FRANKS of Arizona, Mr. JONES, Mr. H. Res. 25: Mr. KING of New York. H. Res. 568: Mr. ROGERS of Michigan, Mr. ROHRABACHER, and Mr. MEEKS. H. Res. 59: Mr. BERMAN. BENISHEK, Mr. WHITFIELD, Mr. GONZALEZ, Mr. f H. Res. 111: Mr. KILDEE, Mrs. CHRISTENSEN, GIBBS, Mr. PITTS, Mr. COOPER, Mr. POE of Mr. GRIFFIN of Arkansas, and Mr. COLE. Texas, Mr. STIVERS, Mr. JACKSON of Illinois, DELETIONS OF SPONSORS FROM H. Res. 312: Mr. HINCHEY and Ms. RICHARD- Mr. SHIMKUS, and Mr. WEBSTER. PUBLIC BILLS AND RESOLUTIONS SON. H. Res. 583: Mr. DIAZ-BALART. Under clause 7 of rule XII, sponsors H. Res. 333: Ms. LEE of California, Mr. COLE, and Mr. RANGEL. H. Res. 612: Mrs. LOWEY. were deleted from public bills and reso- H. Res. 460: Mr. BARTON of Texas and Mrs. H. Res. 616: Mrs. MYRICK, Mr. ROHR- lutions as follows: BIGGERT. ABACHER, and Ms. BORDALLO. H.R. 3674: Mr. LANGEVIN.

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Vol. 158 WASHINGTON, WEDNESDAY, APRIL 25, 2012 No. 60 Senate The Senate met at 9:30 a.m. and was APPOINTMENT OF ACTING the passing of this postal bill. It has called to order by the Honorable PRESIDENT PRO TEMPORE been extremely difficult. Lots of people KIRSTEN E. GILLIBRAND, a Senator from The PRESIDING OFFICER. The have worked on this bill, and it has the State of New York. clerk will please read a communication been a bipartisan effort. It is going to to the Senate from the President pro send a message to the House that we PRAYER tempore (Mr. INOUYE). can do big things. It is an important piece of legisla- The PRESIDING OFFICER. Today’s The assistant legislative clerk read the following letter: tion—one of the biggest and most com- opening prayer will be offered by His plicated we have dealt with in a long U.S. SENATE, Eminence Archbishop Oshagan time. As I said, I am gratified, and I PRESIDENT PRO TEMPORE, Choloyan from the Eastern Prelacy of congratulate and applaud Senators the Armenian Apostolic Church of Washington, DC, April 25, 2012. To the Senate: LIEBERMAN, COLLINS, and others on our America in New York City. Under the provisions of rule I, paragraph 3, side—especially Senator TOM CARPER, The guest Chaplain offered the fol- of the Standing Rules of the Senate, I hereby who worked hard with the chairman lowing prayer: appoint the Honorable KIRSTEN E. GILLI- and ranking member and many others In the name of the Father, and of the BRAND, a Senator from the State of New who were stalwarts. We saw that yes- Son, and of the Holy Spirit. Amen. York, to perform the duties of the Chair. terday when there was an effort to DANIEL K. INOUYE, Almighty God, eternal guide of hu- President pro tempore. bring the bill down. That was the first mankind, we seek the grace of Your vote we took. Senators stood at their Mrs. GILLIBRAND thereupon as- wisdom in our lives and in the lives of desks in the Chamber on a bipartisan sumed the chair as Acting President our leaders. We thank You in the name basis and indicated how important this pro tempore. of the Armenian people for Your divine legislation is. It was a very important mercy in providing them a safe refuge f day for the American people. in this blessed country, the United RECOGNITION OF THE MAJORITY VIOLENCE AGAINST WOMEN ACT States of America, where they were de- LEADER We will be on this legislation I an- livered from the depths of despair of nounced dealing with violence against genocide and welcomed with new life. The ACTING PRESIDENT pro tem- women. Each year about 5 million We beseech You to spare all of Your pore. The majority leader is recog- Americans are victims of violence by children from tyranny and persecution. nized. their spouses or partners. Every single Reveal Your infinite Spirit to the f day 3 women are killed at the hands of Members of this Senate, that they may SCHEDULE their abusers, and every day 9 or 10 are be inspired toward a greatness of pur- beaten very badly. They are hospital- Mr. REID. Madam President, the pose and ennobled in their request for ized, and some have permanent injuries Senate is now considering the motion good governance. We offer to You our from their abusers. We authorize and to proceed to S. 1925, the Violence sacrifices upon the altar of freedom in ensure in this law that the police have Against Women Reauthorization Act. an act of redemption for all of human- the tools to more effectively stop this The Republicans will control the first kind with hope of harmony, compas- and prosecute those people who are the half hour, and the majority will con- sion, and tolerance. We stand before abusers. trol the second half hour this morning. You today and ask this in Your Name As I said yesterday, I held hearings The Republicans will also control the and for Your glory. Amen. many years ago on this subject, and time from 11:30 to 12:30 today. The ma- the one issue that was pronounced so jority will control the time from 12:30 f clearly is that in many instances the to 1:30 p.m. only thing that helps these abusers is At 2 p.m. the Senate will resume con- to send them to jail. It works better PLEDGE OF ALLEGIANCE sideration of the postal reform bill. than counseling, better than threats, The Honorable KIRSTEN E. GILLI- There will be several rollcall votes—six and people should realize we need law BRAND led the Pledge of Allegiance, as to eight votes—at that time in order to enforcement to have better ways of ap- follows: complete action on the bill. proaching these calls they get all the POSTAL REFORM I pledge allegiance to the Flag of the time. United States of America, and to the Repub- I am very gratified about the work I also mentioned yesterday that in lic for which it stands, one nation under God, that has been done over the last many Las Vegas one of our prized police offi- indivisible, with liberty and justice for all. months, which will culminate today in cers, a sergeant on the police force for

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

S2663

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VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.000 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2664 CONGRESSIONAL RECORD — SENATE April 25, 2012 many years, was called to a scene ing and thoughtful words, but also as The ACTING PRESIDENT pro tem- along with one of the junior police offi- we commemorate the 97th anniversary pore. Under the previous order, the cers, and he was killed as soon as he of the Armenian genocide. time until 2 p.m. will be equally di- walked in the door. This is an impor- Ninety-seven years ago, on April 24, vided and controlled between the two tant piece of legislation. It has 61 co- 1915, the Young Turk leaders of the leaders or their designees, with the Re- sponsors, and we should pass it. Ottoman Empire summoned and exe- publicans controlling the first 30 min- STUDENT LOANS cuted over 200 Armenian community utes and the majority controlling the Madam President, the Senate has a leaders and intellectuals, beginning an second 30 minutes. long list of things to do. One of the 8-year campaign of oppression and mas- The Senator from Nevada is recog- things we have to do is stop the raising sacre. By 1923, nearly 11⁄2 million Arme- nized. of interest rates on students who bor- nians were killed, and over a half mil- Mr. HELLER. Madam President, I row money to go to school. We were lion survivors were exiled. These atroc- rise today in support of the Violence fortunate to reduce this rate from 6.8 ities affected the lives of every Arme- Against Women Reauthorization Act. percent to 3.4 percent. We cut it in nian living in Asia Minor and, indeed, I am glad the Senate is finally con- half. We did this in 2007. We had just throughout the world. sidering this important legislation, and obtained a majority in the Senate, and The survivors of the Armenian geno- I am proud to be the crucial 60th co- cide, however, persevered due to their we worked on this very hard. It went to sponsor of the bill. I commend Chair- unbreakable spirit, their steadfast re- President Bush, he signed the law, and man LEAHY for producing a bill that solve, and their deep commitment to rightfully so. enjoys broad bipartisan support, and I Everyone should understand this is a their faith and their families. They look forward to swift passage of the bill that was signed by President Bush. went on to enrich their countries of VAWA reauthorization. emigration, including the United We need to go back to what he signed. Violence in all its forms is unaccept- States, with their centuries-old cus- We cannot have these rates go up. If we able, but it is particularly horrifying toms, their culture, and their innate don’t act by July 1, more than 7 mil- when it takes place in the home, which decency. should be a sanctuary for all who live lion students will be forced to pay an In fact, not only were the Ottomans average of $1,000 more each year for there. Yet a recent CDC report found unable to destroy the Armenian Em- that nearly half of all women living in these student loans. College is already pire, they strengthened it. And the par- unaffordable for too many people. I my home State of Nevada at the time ticipation of Armenians worldwide has of the survey experienced domestic vio- hope we can get this done. made this world a much better place. I am going to stop my comments be- lence at some point in their lifetime. Indeed, my home State is a much bet- cause I was, of course, impressed by the This statistic is sickening and unac- ter place. That is why today we not remarks of the guest Chaplain. Many ceptable. Women and children often only commemorate this grave tragedy years ago I went to the Armenian feel powerless to escape abusive or dan- but celebrate the traditions, the con- Church, and it was a wonderful experi- gerous situations, which too often end tributions, and the extraordinary hard ence. I say to my friend from Rhode Is- in tragedy. work and decency of the Armenian land, to whom I will yield in a second, My home State knows this sad re- Americans and Armenians throughout we went to Armenia after that very ality all too well. Nevada is ranked the world. brutal winter when the Turks had cut first in the Nation for women murdered This year I once again join my col- by men in domestic violence. Sadly, off the oil to Armenia. The Armenians leagues in encouraging the United cut down a lot of trees, and they sur- our State has appeared in the top three States to officially recognize the Ar- States in this horrific category in the vived. Most said they could not. It was menian genocide. Denial of this history a brutal winter. Peace Corps volunteers last 7 years. Thankfully, organizations is not consistent with our country’s throughout the State of Nevada work were there and not one left Armenia, sensitivity to human rights and our even though they suffered along with tirelessly to help those jeopardized by dedication to the highest and noblest domestic violence. While these groups the Armenian people. principles that should govern the So I have fond memories of my visit have faced significant challenges due world. We must continue to educate to funding cuts in recent years, they to Armenia. I understand the resiliency our young people against this type of of the people of Armenia, and I remem- are doing their best with what they hatred and oppression so we can seek have to provide assistance to families ber visiting that church. to prevent such crimes against human- I yield to my friend, the Senator who need it most. ity in the future. It was indeed an from Rhode Island. According to last year’s Nevada Cen- honor to be here to listen to the wise The ACTING PRESIDENT pro tem- sus of Domestic Violence Services, words of the Archbishop, to hear his pore. The Senator from Rhode Island. nearly 500 Nevadans received crisis as- Mr. REED. I thank the leader for prayer, his reflection, and to go forth sistance through Nevada’s domestic vi- yielding. knowing that he is a powerful force in olence programs on a single day; 272 our country for tolerance and decency. f found refuge in emergency shelters or I thank him for being here today. temporary housing; 204 received non- WELCOMING THE GUEST With that, I yield the floor. residential assistance. Staff and volun- CHAPLAIN f teers fielded an average of six hotline Mr. REED. Madam President, I am RESERVATION OF LEADER TIME calls every hour. Despite the best ef- honored to be here today to welcome forts of our State’s domestic violence The ACTING PRESIDENT pro tem- His Eminence Archbishop Oshagan programs, 25 cases of unmet requests pore. Under the previous order, leader- Choloyan. Archbishop Choloyan serves for services were reported on a single ship time is reserved. as the Prelate of the Eastern Prelacy day due to shortage of funds and staff. of the Armenian Apostolic Church of f That means thousands of Nevadans America. He has led the Eastern VIOLENCE AGAINST WOMEN REAU- could not access the services they Prelacy since 1998, and he plays a sig- THORIZATION ACT OF 2011—MO- needed last year. nificant role as the spiritual shepherd TION TO PROCEED Nevada’s struggling economy has for several thousand Armenian Ameri- The ACTING PRESIDENT pro tem- limited State resources to help those cans from Maine to Florida and west to pore. Under the previous order, the who are affected by domestic violence. Texas. Senate will resume consideration of Reauthorization of VAWA will provide In Rhode Island, we are extremely the motion to proceed to S. 1925, which greater certainty for organizations blessed to have the Archbishop as such the clerk will report. that work hard every day to prevent a strong spiritual and community lead- The assistant legislative clerk read and address domestic violence. I trust er. We continue to benefit from his wis- as follows: this bill will ensure and enable domes- dom, his compassion, and his generous Motion to proceed to S. 1925, a bill to reau- tic violence programs to plan for the spirit. It is an honor to have him here thorize the Violence Against Women Act of future and serve even more Americans today as we not only listen to his mov- 1994. in need. Importantly, this bill will also

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.001 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2665 further prevention efforts that, hope- ment; they also affect every American companies, they concluded those ef- fully, will result in reducing domestic as they shop at their grocery store. forts would have the effect of ‘‘decreas- violence and help our Nation’s most While producers have to pay higher ing exploration, development and pro- vulnerable. fuel costs, so do the folks who trans- duction while increasing prices and in- I am also pleased this legislation re- port the goods to market. So that in- creasing the nation’s foreign oil de- authorizes programs vital to the Na- creased cost gets passed on to the con- pendence.’’ The nonpartisan Congres- tional Council of Family and Juvenile sumer. We all are paying more. sional Research Service says these Court Judges. The National Council For the United States to remain taxes would reduce domestic supply has made a strong impact in courts competitive in this global economy, and hurt consumers. throughout the Nation by teaching Congress must develop a comprehen- To increase domestic production, I judges innovative strategies that equip sive national energy policy. No single have sponsored the 3–D Act, which them to appropriately assist families form of energy can provide all the an- would require the administration to re- and young people who face significant swers. High fuel prices and an uncer- verse their cancellation of dozens of oil hardships. I cannot be more proud of tain energy supply will continue until and gas leases, open areas previously the positive changes the National we take serious steps toward increas- restricted to responsible oil and gas de- Council is effecting in courtrooms and ing the development of our own natural velopment, such as the Arctic National communities in Nevada and nation- resources. Wildlife Reserve, and streamline the wide, and I am glad this bill will fur- Our country has some of the most environmental review process that con- ther their efforts. plentiful, affordable, and reliable en- tinually ties up worthy projects in As a fiscal conservative, I am also ergy sources available. Our own Con- costly bureaucracy and litigation. glad this bill was written with full gressional Research Service has re- The administration is also delaying awareness of the fiscal crisis our Na- ported the United States has greater projects that will improve our energy’s tion is facing. This legislation repeals energy resources than China, Saudi infrastructure. The President’s denial duplicative provisions and programs, Arabia, and Canada combined. Unfortu- of TransCanada’s Keystone XL Pipeline creating a more efficient system. I en- nately, access to those resources con- permit delayed an important project courage my colleagues to use this bill tinues to be restricted. that would create thousands of jobs as a model when considering additional Technological advances have made and bring billions to the U.S. economy. reauthorizations this year. We must the exploration, extraction, and trans- This private investment in energy in- not forget the need to implement com- portation of oil and gas safer and more frastructure is exactly the type of in- monsense budgetary practices across efficient. Yet the Obama administra- vestment the President should be en- the board in order to put our Nation on tion has repeatedly blocked efforts to couraging. Construction projects cre- a path to long-term fiscal responsi- expand energy production. In the Presi- ate jobs and boost local economies. bility. dent’s State of the Union Address, he For example, back home in Kansas, While not perfect, I am pleased the claimed oil and gas production has in- Clay County is a small, lowly popu- Senate is proceeding with this bill and creased under his leadership. While pri- lated county. Their utility sales to trust it will further the important goal vate lands are being further developed, TransCanada could quadruple their of reducing violence in all its forms. and energy production is being in- overall sales and add more than $1⁄2 This bipartisan effort is an example of creased on those private lands, energy million to the local economy every how Members of Congress should be production on Federal lands has actu- year. This would be a significant boost working together to solve the problems ally decreased. According to the De- to the county’s economic development. facing our Nation and protecting those partment of the Interior, oil produc- President Obama’s own Jobs Council who have no voice. I look forward to tion on Federal property fell by 14 per- cited the pipeline construction as a the passage of the VAWA reauthoriza- cent and natural gas production fell by way to boost the economy in their tion measure and believe it will truly 11 percent last year. year-end report released January of make a difference in the lives of count- The failure to explore and develop this year, stating: less women in Nevada and throughout our vast natural resources on Federal Policies that facilitate safe, thoughtful the United States. lands hit an unfortunate milestone last and timely development of pipeline, trans- Madam President, I yield the floor. week. Ten years ago, the Senate failed mission and distribution projects are nec- The ACTING PRESIDENT pro tem- to open a fractional portion of the Arc- essary to facilitate the delivery of America’s pore. The Senator from Kansas. tic National Wildlife Reserve for re- fuel and electricity and maintain the reli- NATIONAL ENERGY POLICY sponsible resource development. Those ability of our nation’s energy system. Mr. MORAN. Madam President, as opposed to developing that small por- But TransCanada’s project has been certainly every Kansan and all Ameri- tion of that vast area claimed the re- stalled as the company works to seek a cans know, our gas prices are on the sources available in ANWR would not new route through the State of Ne- rise and the U.S. economy continues to reach the market for 10 years. Well, braska, to our north. But instead of struggle. I believe one of the most im- here we are, 10 years later, no closer putting the entire project on hold, we portant things Congress can do now is than we were in 2002 to gaining our en- would be much better off if we would to facilitate the production of afford- ergy independence. allow construction to begin in areas able energy in this country. In Kansas, American businesses involved in the not subject to this rerouting so jobs we have the third highest number of oil and gas industry can bring these re- could be created and our Nation could highway miles in any State in the sources to market and send a strong have greater access to more reliable country, so higher fuel prices are par- signal to the world that the United energy. S. 2041, which I have sponsored, ticularly difficult for Kansans who States is serious about energy security. would do that. drive long distances each day for work Yet rather than allowing these compa- Renewable energy must also play a and school. When business owners pay nies to deploy their expertise and in- role in supplying our energy needs as more for fuel, they have less to invest crease production, there are those who new technologies allow for the in- in their businesses and fewer resources say oil and gas companies deserve even creased commercialization of renew- to use to hire new employees. more taxes—a tax increase. Raising able fuels. Kansas is a leader in wind In our State, higher fuel prices in- taxes on the very businesses tasked production and second only to Texas in crease operating costs for farmers and with locating, extracting, and distrib- wind resource potential. Innovation in ranchers who produce much of our Na- uting the fuel to power our economy biofuel production has also increased tion’s food supply. One Kansas farmer would do nothing to lower costs and re- our ability to develop additional en- feeds 155 people. The global food supply duce our dependence on foreign oil. In ergy from renewable sources available is threatened when food producers have fact, it would do exactly the opposite. in my home State of Kansas. to pay high costs to plant, harvest, and When the Congressional Research Nuclear energy is a necessary compo- transport their production. Service analyzed President Obama’s nent that will help us supply our coun- Higher gas prices don’t just affect the fiscal year 2012 budget proposal last try’s future energy needs and allow our farmer or rancher filling their equip- year to raise taxes on the oil and gas country to be less reliant on energy

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.003 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2666 CONGRESSIONAL RECORD — SENATE April 25, 2012 from other nations. I will continue to ed, because of their DNA signature, front pages of our major newspapers. support initiatives to spur growth in against a bank of DNA evidence for a And some of these victims, of course, the nuclear energy industry, including match. In fact, this is a very powerful have merely suffered in silence in initiatives to streamline regulatory tool for law enforcement because it towns and communities across our compliance. will literally identify someone from country. Energy exploration must be accom- this DNA match in a way nothing else One thing is clear: While DNA evi- panied by energy conservation. When can. This DNA evidence can also, for dence is powerful evidence, we have not Americans drive more efficient vehi- those who care, as we all do, about yet adapted our administration of test- cles and occupy energy-conserving making sure the innocent are not held ing nor the capacity to inventory these buildings, they not only consume less in suspicion or convicted for crimes kits in a way to make sure they are energy, they save money. At a time they didn’t commit, be so powerful as tested on a timely basis, and we have when gas prices continue to climb, we to literally exclude, in some instances, not kept up with that. But that is what need to be looking for more innovative suspects of criminal conduct. this amendment hopes to do. ways to help consumers save money on The nationwide rape kit backlog is a According to a 2011 report by the Na- energy bills. national scandal—one that many peo- tional Institute of Justice: Congress must develop a comprehen- ple don’t know very much about—and [c]urrent Federal programs to reduce back- sive national energy policy—a policy it has serious consequences for sexual logs in crime laboratories are not designed based upon the free market principles assault victims. The truth is we don’t to address untested evidence stored in law that say we can find the resources nec- know about the full scope of the prob- enforcement agencies. essary to meet our country’s needs. We lem, but one estimate is there are as As a matter of fact, one of the prob- must develop our domestic sources of many as 400,000 untested rape kits cur- lems in requiring an inventory of these oil, natural gas, and coal, encourage rently sitting in labs and on police sta- untested rape kits is often the National the development of renewable energy tion shelves across the Nation, each Institute of Justice and law enforce- sources, and promote conservation. one of them holding within itself the ment personnel don’t even categorize a Not only would the development of potential to help solve a serious crime rape kit as untested until it actually is our Nation’s resources reduce our de- and, in the process, take a rapist off in the hands of the laboratory. So pendence on foreign energy, it would the streets and provide a victim with many of them sit in evidence lockers, also provide our economy can with a the justice they deserve. never making their way to the labs, reliable, affordable fuel supply. If fu- Take, for example, the case of Carol and are not identified as backlogged. ture generations of Americans are to Bart. Carol is from Dallas, TX. In 1984, So there are two distinct types of rape experience the quality of life we enjoy Ms. Bart was kidnapped and raped at kit backlogs: the well-known backlog today, the time to address our energy knife point outside her Dallas apart- of untested rape kits that have already needs is now. ment. Although she submitted herself been submitted for testing and the hid- Madam President, I yield the floor. for rape kit testing immediately fol- den backlog of kits in law enforcement The ACTING PRESIDENT pro tem- lowing the crime, her kit was not test- storage that have not been submitted pore. The Senator from Texas. ed until 2008—24 years later. When it for testing, as you can see, sometimes Mr. CORNYN. Madam President, I was tested 24 years after the rape kit over a span of 13 years in one case and know we have not yet concluded the specimens were collected, it yielded a 24 years in the next. This amendment postal reform bill, but I come to the match for a serial sex offender who had would help us learn more about this floor to speak on an amendment I in- attempted to rape another woman only hidden backlog and ultimately help tend to offer on the reauthorization of 4 months later after he raped Ms. Bart. State and local law enforcement offi- the Violence Against Women Act. The This is one of the most important cials to end it. amendment I intend to offer is one that reasons why this evidence is impor- One of my experiences during the 4 enjoys bipartisan support, and I hope tant, because the fact is people who years I was attorney general of Texas as more Senators learn about the con- commit sexual assaults are not one- was that many local jurisdictions sim- tent of this amendment and how it will time offenders. They do it many times, ply did not have the expertise or expe- strengthen the Violence Against and often they do it until they are rience or the knowledge to deal with Women Act, they will join me and Sen- caught. But because the rape kit in Ms. new technology, whether it is Internet ator MARK KIRK of Illinois, Senator Bart’s case was not tested for 24 years crimes or whether it is this new, pow- BENNET of Colorado, as well as Senator after the crime, the statute of limita- erful DNA tool. It is not so new now, VITTER from Louisiana. I believe it will tions had run, meaning that her and in urban areas it is not as big of a strengthen the Violence Against attacker could not be brought to jus- problem. In New York City, for exam- Women Act we will vote on, presum- tice for that particular crime. ple, I am sure they are quite sophisti- ably later today, but probably tomor- Statutes of limitations serve a cated when dealing with this sort of row. worthwhile purpose under ordinary cir- evidence but less so in smaller towns I am also happy to have the support cumstances. They are designed to and communities across the country. of the Rape Abuse and Incest National make sure charges are brought on a The justice for victims amendment Network—RAINN—PROTECT, and the timely basis, while witnesses’ memo- would reserve 7 percent of existing Texas Association Against Sexual As- ries are fresh and they can identify the Debbie Smith Act grant funding for the sault, as well as Bexar County District perpetrator and the like. But in this in- purpose of helping State and local gov- Attorney Susan Reed, whose office is in stance, what it concealed was an injus- ernments to conduct audits of their San Antonio, TX. She has worked with tice because, in fact, this late testing— rape kit backlogs. In my hometown of us on this amendment, and we have 24 years after the fact—meant her San Antonio, the police department re- benefited from her counsel and that of attacker could not be brought to jus- cently conducted such an audit of their her staff. We have the support as well tice for that particular crime. evidence storage facilities using simi- of San Antonio Police Chief William Take also the case of Helena Lazaro, lar grant funding from the State of McManus. who was raped outside of Los Angeles Texas. They identified more than At its core, this amendment would in 1996 when she was just a teenager. 5,000—and that is just in San Antonio help end the nationwide rape kit back- Ms. Lazaro’s rape kit sat untested for alone—untested sexual assault kits, of log while improving law enforcement more than 13 years after her assault. which 2,000 they determined should be tools to crack down on violent crimi- When it was finally tested in 2009, it submitted promptly for testing. My nals who target women and children yielded a match to a repeat offender amendment would use existing appro- for sexual assault. who had raped several women at priations to encourage more audits like To give a little context, in the course knifepoint in Indiana and Ohio. this. of an investigation, law enforcement There are countless, I am sorry to The amendment would also add ac- officials will collect DNA evidence in say, examples of similar tragedies countability to the audit process by re- something called a rape kit. These are across the country, only a handful of quiring grantees of these funds to generally bodily fluids that can be test- which are actually reported on the upload critical information about the

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.004 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2667 size, scope, and status of their backlog time; that is, child prostitution and The ACTING PRESIDENT pro tem- into a new sexual assault evidence fo- the trafficking that goes along with it. pore. The Republican leader. rensic registry. This valuable informa- The so-called adult entertainment Mr. MCCONNELL. Madam President, tion would also help the National Insti- section of the popular online classified before the Senator from Texas leaves tute of Justice better target the ap- Web site backpage.com is nothing more the floor, I was going to ask that I be proximately $100 million of existing ap- than a front for pimps and child sex added as a cosponsor to his very worth- propriations already available for this traffickers. A lot has been written in while amendment. type of testing. In the spirit of open the New York Times on this topic. On STUDENT LOAN DEBT government, the amendment would this Web site, young children and co- Mr. MCCONNELL. Madam President, also require the Department of Justice erced women are openly advertised for one of the most heartbreaking yet to publish aggregate, non-personally sale in the sex trade. In fact, this Web underreported consequences of the identifying information about the rape site has been affirmatively linked to Obama economy is the extent to which kit backlog on an appropriate Internet dozens of cases of child sex trafficking. college graduates today are stepping Web site. Let me give a few recent examples. out into a world where the possibilities To ensure that these audit grants do Last month, Ronnie Leon Tramble no longer seem endless. Unlike genera- not take resources away from actual was sentenced to 15 years in prison for tions past, today’s college graduates testing, my amendment would increase interstate sex trafficking through are more likely to end up either unem- the amount of Debbie Smith Act appro- force, fraud, and coercion. Tramble ployed or back at home with mom and priations required to be spent directly forced more than five young women dad, saddled with student loan debt on laboratory testing from the 40 per- and minors into prostitution over a pe- that they are to end up with for the cent currently in the underlying Leahy riod of at least 5 years throughout the rest of their lives. And they don’t tend bill, which will be the base bill, to 75 State of Washington. He repeatedly to have the opportunity to get that job percent. So what it will do is it will ac- subjected his victims to brutal physical of their dreams. tually take more of the funding that and emotional abuse during this time, For a great many of them, the excite- Congress intended be used to process while using backpage.com to facilitate ment and the promise of President rape kits and do actual testing and re- their prostitution. Obama’s campaign 4 years ago have turn it to that core function. In February of this year, Leighton long since faded as their hopes collided A comprehensive approach to crime Martin Curtis was sentenced to 30 with an economy that he has done so prevention and victims’ rights also re- years in prison for sex trafficking of a much to reshape. So it is understand- quires updated tools for Federal law minor and production of child pornog- able that the President is so busy these enforcement officials to target fugi- raphy. Curtis pimped a 15-year-old girl days trying to persuade these students tives and repeat offenders. My amend- throughout Florida, Georgia, and that the struggles they face or will ment addresses this need by including North Carolina. He prostituted the girl soon face have more to do with a piece bipartisan language authored by Sen- to approximately 20 to 35 customers of legislation we expect to fix than ator JEFF SESSIONS that would author- per week for more than a year and used with his own failed promises. It is un- ize the U.S. Marshals Service to issue backpage.com to facilitate these derstandable that he would want to administrative subpoenas for the pur- crimes. make them believe the fairy tale that pose of investigating unregistered sex According to human trafficking ex- there are villains in Washington who offenders and would actually be limited perts, a casual review of the would rather help millionaires and bil- to that narrow purpose. This provision backpage.com adult entertainment lionaires than struggling college stu- would allow the Marshals Service to Web site reveals literally hundreds of dents. But that doesn’t make this kind swiftly obtain time-sensitive tracking children being sold for sex every day. of deception any more acceptable. information, such as rent records and This is absolutely sickening and should Today the President will hold an- credit card statements, without having be stopped with all the tools available other rally at which he will tell stu- to go through the grand jury process, to us. We should no longer stand idle dents that unless Congress acts, their which may or may not be necessary de- while thousands of children and traf- interest rates will go up in July. What pending on the circumstances. Such ficked women are raped, abused, and he won’t tell them is that he cared so authority is urgently needed given the sold like chattel in modern-day slavery little about this legislation that cre- long and complicated paper trail that on the Internet. My amendment would ated this problem 5 years ago that he fugitive sex offender investigations therefore join all 50 State attorneys didn’t even show up to vote for it and often entail. general in calling on backpage.com to that once he became President, he My amendment would also guarantee remove the adult entertainment sec- didn’t even bother to include a fix for that we hand down tough punish- tion of its Web site. Again, I would like this problem in his own budget. ments—appropriately so—to some of to thank Senator KIRK for his leader- Look, if the President was more in- the worst crimes against women and ship on this issue. Every case of sex terested in solving this problem than children. For example, it includes en- trafficking or forced prostitution is in hearing the sound of his own voice hanced sentencing provisions for aggra- modern-day slavery—nothing more, or the applause of college students, all vated domestic violence resulting in nothing less—and we should do every- he would have to do is pick up the death or life-threatening bodily injury thing in our power to ensure this prac- phone and work it out with Congress. to the victim, aggravated sexual abuse, tice is eradicated in the United States We don’t want the interest rates on and child sex trafficking. I think pre- of America. these loans to double in this economy. venting these horrible crimes is at the I believe the justice for victims We don’t want today’s graduates to heart of the purpose of the Violence amendment would reduce the rape kit have to suffer any more than they al- Against Women Act, and we should backlog, take serial perpetrators off ready are as a result of this President’s take the opportunity to improve the the street, and ultimately reduce the failure to turn the economy around underlying bill by adopting this number of victims of sex violence. I after more than 3 years in office. Real- amendment and send a message to ask my colleagues to join me in consid- ly, the only question is how to pay for would-be perpetrators and child sex ering this amendment, which already it. Democrats want to pay for it by traffickers. If you commit some of the enjoys bipartisan support, and I hope it raiding Social Security and Medicare worst crimes imaginable in the United will get much broader bipartisan sup- and by making it even harder for small States, you should have the certain port. I hope my colleagues will join businesses to hire. We happen to think knowledge that you will be tracked with me in strengthening the reauthor- that at a time when millions of Ameri- down and that you will receive tough ization of the Violence Against Women cans and countless college students and appropriate punishment. Act by cosponsoring and supporting can’t even find a decent job, it makes Finally, thanks to the great work of this amendment. Our constituents and no sense whatsoever to punish the very Senator MARK KIRK of Illinois, my victims of these heinous crimes deserve businesses we are counting on to hire amendment would further shed light on nothing less. them. It is counterproductive and one of the greatest scourges of our I yield the floor. clearly the wrong direction to take.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.005 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2668 CONGRESSIONAL RECORD — SENATE April 25, 2012 So let’s be honest. The only reason minute he got there, and played them shoes came to my house,’’ she remem- Democrats have proposed this par- in my basement for a full week. I would bers. ‘‘Yes, I noticed their shoes, be- ticular solution to the problem is to give anything to hear him beat on cause that was all I could look at while get Republicans to oppose it and to those drums again!’’ they asked me if I was Becky Johnson. make us cast a vote they think will Lee also enjoyed drawing pictures, I told them no as my husband stood be- make us look bad to voters they need fishing, camping, and woodworking. He hind me shaking his head yes.’’ to win in the next election. Earlier this was obviously a talented young man. We are thinking of Staff Sergeant week they admitted to using the Sen- But his mother will always remember Woods’s loved ones as I recount his ate floor as an extension of the Obama music as one of his greatest loves. story for my colleagues today, Mr. campaign. So no one should be sur- During his sophomore year at high President, including his mother and prised that they opted for a political school, Lee joined Junior ROTC. It was stepfather, Becky and Pat Johnson; his show vote over a solution. then that he first had the idea to one father and stepmother, Gary and What Republicans are saying is let’s day join the service. In January 2003, Debbie Woods; his sister, Britteny end the political games and solve the Lee told his mother that he had joined Lynn Woods; his two half-brothers, problem like adults. This is an easy the Army. Courtney and Troy Woods; his half-sis- one. The only real challenge in this de- Becky was surprised at first, but ter, Heather Woods; his step-sister, bate is coaxing the President off the when Lee laid out his argument, she Mandy Maraman; his two step-broth- campaign trail and up to the negoti- could see that he had given the oppor- ers, Newman and Corey Johnson; his ating table to get him to choose results tunity serious thought and was excited grandmother, Nancy Ratliff; and many over rallies. We can solve the problems about the future. ‘‘I knew at that in- other beloved family members and we face if only he will let us do it. stant that my son had become one friends. HONORING OUR ARMED FORCES heck of a man,’’ she says. ‘‘He had lis- Staff Sergeant Woods’s loss in the STAFF SERGEANT GARY L. WOODS, JR. tened to me all those years after all. I line of duty is tragic. However, as Mr. MCCONNELL. Madam President, couldn’t say anything except, ‘I love small a comfort as it may be, I am with great sadness I wish to report to you and I will always support you 110 pleased to report that his family may my colleagues today that our Nation percent.’ ’’ take some solace in the fact that a ter- and my home State of Kentucky have Lee entered active service in Feb- rorist connected to the suicide bomb- lost a brave and valiant soldier who ruary 2003, and did his basic training at ing that caused Lee’s death was ar- pledged his life to protecting others. Fort Knox, in my home State of Ken- rested in Edmonton, Canada, and Lee’s SSG Gary L. Woods, Jr., of tucky. He graduated as a tank armor family can look forward to the prosecu- Shepherdsville, KY, was killed on April crewman and deployed on his first of tion of this terrorist and justice for 10, 2009, in Mosul, Iraq, in a terrorist three missions to Iraq from August 2003 Lee. suicide bomber attack. He was 24 years to March 2004. Lee’s second Iraq de- Becky Johnson intends to attend the old. ployment lasted from March 2005 to trial and speak in the sentencing For his service to America, Staff Ser- February 2006. phase. May she and her family have the geant Woods received several medals, After his second deployment, Lee got strength they will surely need to en- awards, and decorations, including the a reassignment to the First Battalion, dure this process, and may they find Bronze Star Medal, the Purple Heart, 67th Armor Regiment, 4th Infantry Di- peace in its final outcome. two Army Commendation Medals, vision, based in Fort Carson, CO. He de- I ask my Senate colleagues to join three Army Achievement Medals, two ployed for the third and final time to me in saying to the family of Staff Ser- Army Good Conduct Medals, the Na- Iraq in September 2008, and received a geant Woods that our Nation is forever tional Defense Service Medal, three promotion to staff sergeant soon after- grateful to them and recognizes the Iraq Campaign Medals with Bronze wards in December. great cost they have paid. This Nation Service Stars, the Global War on Ter- In January 2009, one of Lee’s fellow will never forget the heroism of SSG rorism Expeditionary Medal, the Glob- soldiers and close friends, Darrell Her- Gary L. Woods, Jr., or his great service al War on Terrorism Service Medal, nandez, was killed, and Lee escorted and sacrifice. two Noncommissioned Officers Profes- his friend back home in February. Madam President, I yield the floor. sional Development Ribbons, the Army ‘‘Soon after returning from this, he HONORING MEADOW BRIDGE HIGH SCHOOL Service Ribbon, and three Overseas volunteered for a mission that would Mr. MANCHIN. Madam President, I Service Ribbons. take his own life and the lives of four rise to speak about the importance of Staff Sergeant Woods, who went by other U.S. soldiers,’’ Becky remembers. teaching our young people to embrace Lee, was born on June 24, 1984, on a That mission put Lee in a convoy of their right—and responsibility—to par- Sunday. ‘‘He had very light brown hair five vehicles that on April 10, 2009, ticipate in our democratic election and beautiful blue eyes,’’ remembers exited the gates of Forward Operating process and to highlight a West Vir- Lee’s mother, Becky Johnson. ‘‘He was Base Marez in Mosul, Iraq. Shortly ginia high school that has an out- my first-born child and my only son.’’ after leaving the base, a dump truck standing record for going the extra Lee grew up in Shepherdsville, where sped towards the convoy. Lee was driv- mile to encourage their students to he attended Roby Elementary School, ing the fifth and last vehicle. register and vote. Bullitt Lick Middle School, and Bullitt Lee drove to put his gunner in posi- As Americans, there is no greater Central High School, from which he tion to fire on the dump truck. But freedom or responsibility than our graduated in 2002. In school he partici- tragically, that dump truck detonated right to vote. Our country was born be- pated in Bullitt County’s Gifted and with 10,000 pounds of explosives, killing cause brave men and women fought Talented Program, and was a member Staff Sergeant Gary L. Woods, Jr., and tirelessly and endured countless hard- of the academic team in both middle four other American soldiers. ships to win their voting rights. In school and high school. ‘‘The FBI says [that the dump fact, even young people had to fight for Lee also loved music. He played the truck’s] destination was [the forward this right. It was West Virginia’s own trumpet, baritone, and trombone in operating base at] Marez,’’ says Lee’s Senator Jennings Randolph, who was school and sang in the concert choir. mother Becky. ‘‘If in fact the FOB was elected to serve with our beloved Rob- He taught himself how to play piano at the target, these five men saved the ert C. Byrd, who relentlessly advocated age 6. He played the guitar, too, and lives of thousands of soldiers on the for the 26th amendment to the Con- took a guitar with him on two tours in FOB.’’ stitution so Americans could vote Iraq to entertain his friends. Lee also On the same day that Lee acted hero- starting at age 18. In 1971, the measure played the drums. ically to save his fellow soldiers at the finally passed. What few people know is ‘‘Before returning from his second cost of his own life, half a world away he worked on that for over 20 years. tour he ordered a set of drums and had Becky Johnson heard the knock at the Senator Randolph believed, as I do, them delivered to my house,’’ Becky door that all military families dread. that every vote counts, and as impor- remembers. ‘‘When he came home on ‘‘Those men in the dress-green uni- tant, I believe every voter has the right family leave, he had to set them up the forms with the highly polished black and responsibility to take an active

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.006 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2669 role in our electoral process. I tell This is not a Democratic or Repub- safe shelters. Local, State, and Federal young people all the time they cannot lican or Independent issue but one all laws are stronger. just sit on the sidelines and watch life Americans can and should embrace for Listen to the national statistics: happen; they have to get in the game the future of our great Nation. We see Since the law was first passed in 1994, and get active. Voting not only gives so many divides in this great Capitol of the number of women killed by an inti- us the opportunity to have our voices ours with so many of our colleagues. mate partner has dropped 30 percent, heard but also to have a real impact on Everyone comes here for the right rea- and annual rates of domestic violence setting the priorities for America’s fu- son. The right reason truly is sitting in against women have decreased by two- ture. the gallery today and back home, the thirds. The VAWA law saves lives and As secretary of state from 2000 to children and young adults who are works. Yet there are too many awful 2004, in which position I was proud to going to make the difference and lead stories and inexcusable numbers, espe- serve in my great State of West Vir- the next generation. cially in my home State. ginia, I made it a priority to educate I, for one, do not intend to turn over Alaska continues to have some of the young people all over West Virginia on to this generation the keys to a coun- worst statistics in the country. Three the electoral process and to encourage try in worse shape than when we re- out of every four Alaskans have or them to get involved. At that time ceived them. I do not want to be the know someone who has experienced do- very few people knew that if someone first person in our country’s history to mestic or sexual violence. Child sexual was 17 years of age and would turn 18 say we did not do a better job than the assault in Alaska is almost six times years of age before the general elec- previous generation. We are going to the national average. Out of every 100 tion, they could still vote in a primary work hard. But the unbelievable com- adult women in Alaska, nearly 60 have at 17. So we educated them and we mitment they made, the knowledge experienced intimate partner violence, went around to every school. To make they have about the importance of vot- sexual violence, or both. The rape rate the goal a reality, we established a pro- ing, shows me this next generation will in Alaska is nearly 21⁄2 times the na- gram called Sharing History and tional average, and it is even worse for Reaching Every Student, or the acro- take us to a new level. I am proud that Alaska Native women. nym SHARES, a program which was West Virginians all over our State, but most importantly Meadow Bridge High In Alaska’s rural and native commu- tremendously successful. I am proud to nities, domestic violence and sexual as- say, during my tenure, we registered School, are leading that example. I sault is far too common. Our numbers 42,000 high school students to vote. thank them and appreciate the effort are often far worse than the rest of the Eleven years after the SHARES Pro- they made in setting the example for country, and clearly we have to con- gram began, it is my privilege to stand all. tinue to do more work in this area. We on the Senate floor and recognize a I yield the floor and notice the ab- school that is truly committed to car- sence of a quorum. are insisting that Alaskan tribes retain rying on this tradition and passing it The ACTING PRESIDENT pro tem- their current authority to issue civil down to each senior class and genera- pore. The clerk will call the roll. protective orders, and I am working on tion that has come after them. I am so The legislative clerk called the roll. a separate bill to expand resources for pleased they have joined me in the gal- The ACTING PRESIDENT pro tem- Alaskan tribes in their fight against vi- lery today. pore. The Senator from Alaska. olence. So one can see why I am stand- Every year for the past 11 years, the Mr. BEGICH. I ask unanimous con- ing here today. We need to do some- staff members at Fayette County’s sent that the order for the quorum call thing about this—not someday, not Meadow Bridge High School have reg- be rescinded. next year, but truly today. istered 100 percent of their senior class. The ACTING PRESIDENT pro tem- I have been around for 3 years now, Think about that, 100 percent. It is pore. Without objection, it is so or- and I am not shy about having my say truly an incredible accomplishment. I dered. in a good political fight. But in this am unaware of any other school in our Mr. BEGICH. I rise to support S. 1925, case, on this issue, truly, I have no pa- great State or in the entire Nation the Violence Against Women Act. It is tience. It is hard to believe we even that has registered every student in not every day that we vote on a law have to debate the law that protects their senior class for 11 years. This that actually saves lives, but this one people from abuse and sexual violence. school and this year the class gathered does. The Senate needs to send the sim- It is truly a piece of legislation we together in the school’s cafeteria so ple and important message that Amer- should move forward on and vote. We they could register at the same time. ica will not tolerate violence against need fewer victims, whoever they are— This is not only a testament to the tra- its women, children, and families. We women, kids, White, Black, American dition established at Meadow Bridge must do our part to reduce domestic vi- Indian, Alaska Natives, immigrants, High School but also to the students olence and sexual assault. It is time for lesbian and gay people, even men. and their commitment to their com- us to step up and make sure this hap- As a former mayor in a city and munity and their civic responsibility. pens now. State with a higher rate of abuse than I congratulate the Meadow Bridge I look forward to casting my vote for the rest of the country, I know this High School students, their faculty and the reauthorization, hopefully very issue. I was responsible for the munic- staff, under the leadership of their soon. Truly this legislation, as we con- ipal department that prosecuted do- principal Al Martine, for their commit- tinue to move forward, is headed in the mestic violence cases. I was also re- ment to our democracy. I also chal- right direction. There is bipartisan sponsible for the police investigating lenge every high school, not just in support with 61 Members in this Cham- these cases and the agencies providing West Virginia but in New York and ber signed on as cosponsors, and lots of health services to victims and funding every other State, to follow their ex- good work on this bill has been done in to shelters. With the support of the en- ample—an unbelievable example. We the Judiciary Committee. All of us tire community, we pooled our efforts. must work together to engage our have heard from prosecutors, victim Using resources from the State and young people in national issues and en- service providers, judges, health care local government and businesses and courage them to participate in the professionals, and victims themselves. nonprofits alike, we improved services democratic process by getting our Unfortunately, the fight to protect for victims of child sexual abuse. young adults involved. They are not women and families from violence is But intervention and better treat- children anymore. The world is grow- far from over. The Violence Against ment is not enough—far from it. Do- ing up so fast around them, and we are Women Act was first passed just 18 mestic and sexual violence is a public preparing them to be active and pas- years ago. It has not been reauthorized health epidemic. So what we need is sionate leaders for the future. They since 2006. The law has made a dif- prevention, and this reauthorization ef- cannot stand on the sidelines and we as ference. We are making progress, and fort is just that, the right step in even- Americans cannot afford to let them we know a great deal more about do- tually stopping this epidemic. stand on the sidelines. We need them in mestic violence than when the law was In Alaska the Violence Against the game now. They can forge the fu- first written. Services for victims has Women Act dollars are used in our big- ture. improved. More communities provide gest cities and our smallest villages.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.008 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2670 CONGRESSIONAL RECORD — SENATE April 25, 2012 Funding goes to every corner of the they are afraid that somebody who is For States and cities with specialized State, including the Emmonak Wom- supposed to love them or support them programs, this wasn’t a big concern. In en’s Shelter in remote southwest Alas- will hurt or even kill them. This is an Montana and other rural States, we ka, the Aleut community of St. Paul in upsetting issue, but one we need to face have county and regional service coali- the North Pacific Ocean, the AWARE head on, and I am glad we are address- tions. That means funds must be flexi- Shelter in urban Juneau, and many ing it today. ble enough so that we can serve every- others throughout Alaska. Domestic violence and sexual assault one who walks in. If rural areas had to We asked the Alaska Network on Do- are harsh realities. They know no carve out funds for each type of serv- mestic Violence and Sexual Assault for class, race, or economic limitations. ice, people wouldn’t get what they need their stories and examples of how Although we have made good progress to regain their footing. The next clos- VAWA is helping real families. Here is curbing domestic and sexual violence est facility might be 90 miles away. just one. It is uncomfortable to hear, over the past decade, we still have a lot That is not a referral; it is not help; it but it is why we need to act now. of work to do. is another obstacle for folks who are A shelter in rural Alaska helped a The legislation before us takes an- already facing a life-threatening situa- young woman after she suffered a do- other step toward our goal of ending tion. mestic assault by the father of their 3- domestic and sexual violence. It might Domestic violence crimes also take a year-old child. When she had asked the not go far enough for some, but it is heavy toll on those who survive the vi- father for money for food, he choked progress, and I am proud to support it. olence. The vast majority of survivors her and threw her to the ground in Over the years, the Violence Against report lingering effects such as front of the child. She reported this Women Act has helped reduce the rates posttraumatic stress disorder, a serious was the third such instance of violence, of domestic and dating violence, sexual injury directly from the abuse, missing and she could not live there anymore. assault, and stalking, but the numbers school or work, higher frequencies of She spent time in a shelter recovering are still stunning. This bill gives us an headaches, chronic pain, and poor from her injuries and working to find opportunity to help victims get out of physical and mental health. safe housing in her home village. She a dangerous situation. We have an obli- And while domestic violence affects also attended DV education groups and gation to pass this reauthorization of every community, every race, and received a referral for legal services to the Violence Against Women Act. every rung of the economic ladder, the assist her with her custody order. Unfortunately, Montana is no dif- problem is even more severe in Mon- Months later the shelter program re- ferent from the rest of the Nation. tana’s Indian country. In fact, violence ceived a call from this quiet young There were almost 5,000 cases of domes- against Native women and children is woman. She and her child were safe tic violence or sexual assault in 2011, at an epidemic level. As Montana’s and doing well. She read all the books and 10 percent of them involve Mon- only member of the Senate Indian Af- recommended to her by the shelter to tana’s kids. fairs Committee, I have had several understand the cycle of domestic vio- Federal funding is crucial for Mon- hearings on domestic and sexual vio- lence. She was looking for suggestions tana shelters, crisis lines, mental lence. American Indian women suffer on more reading material to continue health services, and victim advocates. from violent crime at a rate 31⁄2 times her education on the topic. Now it is The domestic and sexual violence pro- greater than the national average. hoped that the young woman will be- grams in Montana rely heavily on Vio- Nearly 40 percent of all Native Amer- come a leader in her community so she lence Against Women Act funding to ican women will experience domestic can help educate others and work to keep women and children safe and to violence. One in three will be sexually end domestic violence in Alaska. administer the important programs we assaulted in her lifetime. Murder is the There are stories of rape and murder have operating in Montana. It will also third leading cause of death among In- from all over the country. Need we promote changes in the culture of law dian women. hear more? It is time to reauthorize enforcement, pushing governments and In response to our hearing, I was VAWA. courts to treat violence against women proud to join Chairman AKAKA and Before I yield the floor, I have one and children as a serious violation of many others on the committee in in- more bit of business. I want to thank criminal law and to hold the offenders troducing the Stand Against Violence the shelter staff, the police, the court accountable. and Empower Native Women Act, or system employees, the advocates and The Violence Against Women Act SAVE Native Women Act, which is now everyone else, who work so hard to pro- helped a constituent of mine in Bil- included in the bill before us today. tect women, children, and families lings rebuild her life after she was the We owe it to the women and children across this country. victim of domestic violence. Maria of Montana to intervene—to provide re- To the victims of domestic violence, Martin was beaten by her boyfriend. He sources to those programs which are on there is truly hope. We will work with threatened to kill her and her three the ground, and to providers who are in them to break the cycle of violence and daughters. Her cries for help were an- the trenches. They offer safe havens, to bring an end and a change in this swered by the police who rescued her including support and educational serv- area. from a violent attack, but it is the pro- ices to help survivors of sexual or do- I yield the floor and note the absence grams supported by the Violence mestic violence break free of the cycle of a quorum. Against Women Act that helped Maria of violence. They help children who The ACTING PRESIDENT pro tem- rebuild her life. have lived with violence understand pore. The clerk will call the roll. The Violence Against Women Act and make sense of what has happened The legislative clerk proceeded to provides funding to strengthen law en- so that they are less likely to get en- call the roll. forcement, prosecution, and victim tangled in future abusive relationships. The ACTING PRESIDENT pro tem- services. Each community has flexi- They help survivors gain the strength pore. The Senator from Montana. bility to use these funds in ways that and the know-how to advocate for Mr. TESTER. Madam President, I respond to folks most in need and take themselves in the legal system and in ask unanimous consent that the order into account unique cultural and geo- their relationships. for the quorum call be rescinded. graphic factors. This is especially im- By passing this bill now, we will con- The ACTING PRESIDENT pro tem- portant for a rural State such as Mon- tinue to make progress toward empow- pore. Without objection, it is so or- tana. ering communities to protect all citi- dered. I am proud of my work with the Judi- zens, particularly the most vulner- Mr. TESTER. Madam President, I ciary Committee to ensure that the able—women and children. As I stated rise to speak about an issue that af- set-aside of funding for sexual assault before, this is not just an opportunity; fects everybody in my community. Al- services does not disadvantage service this is an obligation that we have to though it is hard to imagine right now, providers in Montana who often offer improve our communities, and I urge some of the people we serve fear for many services in one place. I wish to my colleagues to support it. their own lives, not because of a ter- thank Chairman LEAHY for his efforts I thank the Chair, I yield the floor, rorist attack or a natural disaster; to address this important issue. and I suggest the absence of a quorum.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.009 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2671 The ACTING PRESIDENT pro tem- depending on the year they took out There was a story in the Washington pore. The clerk will call the roll. the loan. Post about 2 weeks ago of a woman—a The legislative clerk proceeded to Graduates next year may not be so grandmother—who now has her Social call the roll. lucky. The interest rate goes up to 6.8 Security check garnished because she Mr. DURBIN. Madam President, I ask percent for all unless Congress acts. was kind enough to cosign her grand- unanimous consent that the order for That is because these interest rates are daughter’s college loan. Her grand- the quorum call be rescinded. set to double for 740 million students daughter has defaulted. Her grand- The ACTING PRESIDENT pro tem- across the country on July 1 and will mother is watching her Social Security pore. Without objection, it is so or- only be changed if Congress acts. That check reduced. dered. is going to affect 365,000-plus borrowers Making college affordable should not Mr. DURBIN. Madam President, I ask in my State of Illinois. Each borrower be partisan. It affects everybody. Just unanimous consent to speak as in in Illinois will save $1,000-plus over the this week, during a news conference in morning business. lifetime of their loan if current inter- Pennsylvania, Gov. Mitt Romney ac- The ACTING PRESIDENT pro tem- est rates of 3.4 percent continue. knowledged the tough job market new pore. Without objection, it is so or- Across the State, borrowers will save a graduates face and expressed support dered. total of $387,000. for keeping interest rates low. He said: STUDENT LOAN INTEREST RATES Every week in my office we hear I fully support the effort to extend the low Mr. DURBIN. Madam President, next from students who would be directly interest rate on student loans . . . . tem- month students all over the United affected by interest rate increases. One porary relief on interest rates for students States will begin graduating from col- of them is George Jacobs, a constituent . . . in part because of the extraordinarily lege. There is a lot of pride in that ex- of mine and a graduate of the Inter- poor conditions in the job market. perience. Family and friends will gath- national Academy of Design and Tech- Higher education is not a luxury any- er and celebrate. These young grad- nology in Chicago, a for-profit college more. It is part of the American dream uates are going to be filled with hope owned by the Career Education Cor- that many of us bought into and in- and expectation, and gratitude to those poration. vested in. An educated workforce will who helped them reach this milestone Every day of his life, George Jacobs make us a stronger nation. By 2018, 63 in their lives. But they are also going regrets that he ever attended this percent of jobs will require postsec- to be graduating with debt—in some school. He is 29 years old. His current ondary education. Keeping debt levels cases massive amounts of debt. private student loan balance has low and manageable for college grad- Ninety-six percent of for-profit col- ballooned to $107,000. The original loan uates is essential. lege students will graduate with a debt was $60,000. But with a variable inter- George Jacobs, like so many other of $33,000. Fifteen percent of them—one est rate, George has been paying any- students I have spoken about on this out of six—will default on their loans where from 7 percent to 13.9 percent. floor, is going to spend the rest of his within 2 years. There is now more than Combine that with his Federal loan young adult life paying for student $1 trillion in outstanding student loan balance, and his total outstanding stu- loans. There has always been a lot of debt. As I have mentioned on the Sen- dent loan debt is $142,000. George is not talk around here about mortgage cri- ate floor several times, a little over a even 30 years old, and he already has ses—and rightly so—but think about year ago, for the first time in history, the debt the size of some people’s mort- the 17- and 18- and 19-year-old students student loan debt in America surpassed gages on their homes. Unlike a lot of signing away their income for the next his peers who attend for-profit colleges, credit card debt. 30 years before they can even dream of One of the reasons there has been George has a job in his field of study. owning a home. such a huge influx is that college costs His annual salary is $45,000, but since When we get back from the break in continue to rise at unsustainable rates. his lender will not let him consolidate about 10 days, we are going to consider Tuition fees at 4-year schools have his loans, his monthly payment is legislation on making sure student $1,364. Half of his income goes to pay rocketed up 300 percent from 1990 loan interest rates are manageable. his loan. through 2011. Over the same period, There is more to this issue. We have to Unfortunately, because of high inter- deal with the reality the President broad inflation was just 75 percent. est rates, very little of his payment re- raised in his State of the Union Ad- Even health care costs rose at half the duces the principal. He does not know dress. This spiraling cost of higher edu- rate of the cost of higher education. when he will possibly pay off this loan. The average for-profit college costs cation is unsustainable and unfair— When asked if he has tried to work out $30,900 a year in tuition and fees. Pri- fundamentally unfair. a plan with his lender, he says: They We say to the young people: Get edu- vate nonprofit institutions are not too won’t talk to me. They just don’t care. far behind. The average tuition and George was the first in his immediate cated for your future. fees run about $26,600. Schools with family to attend college. He did not They follow our advice and walk into larger endowments charge even more— ask people for advice on financial mat- the student loan trap. Unfortunately, upwards of $50,000 to $57,000 in total ters. He trusted the school. George was many for-profit schools are the worst fees. They use their endowment to give subjected to high-pressure sales that offenders. These schools have enroll- students large financial aid packages, some for-profit colleges use. ment that has grown 225 percent over which is admirable, but it has con- Reflecting on that experience now, the past 10 years. According to the sequences. The elevated sticker price George believes the school took advan- Chronicle of Higher Education, the en- for these schools provides for-profit tage of him. He believes the school’s rollment of for-profit colleges in my colleges the cover to raise their prices primary focus is to identify people they State has grown 556 percent over the to similar levels. can make money off of. George owes last 10 years. They enrolled 1.2 million Let me remind you, for-profit about $29,000 in Federal loans. With low students in 2009. In the 2008–2009 aca- schools, for-profit colleges in America interest rates, his monthly payment is demic year, the GAO found for-profit get up to and more than 90 percent of $230 a month on the Federal loans—an colleges took in $24 billion in title IV their revenue directly from the Federal amount he says is not a real problem. aid; 4-year for-profit schools an average Government. They are 10 percent away He is married, and although he and of $27,900 a year before aid, as com- from being Federal agencies. his wife own a car, he does not think pared to $16,900 for public 4-year uni- Students graduating this year have they will ever qualify for a mortgage. versities. one advantage: If they took out Fed- He is 29 years old. The chief executives at most of the eral subsidized loans, their interest George is not the only one affected for-profit schools—parent companies— rate is low. In 2007, Congress set inter- by the private student loans. His par- make many times more than their est rates on subsidized Federal student ents are in their fifties. To help counterparts in nonprofit schools. Re- loans for the last several years. Cur- George, they cosigned his private stu- member, 90 percent-plus of their rev- rent graduates have low, affordable in- dent loans. They cannot refinance the enue comes directly from the Federal terest rates on their Federal loans, mortgage on their home because of Government. These are not great en- ranging from 6.8 percent to 3.4 percent, George’s outstanding debt. trepreneurs; these are folks who have

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.010 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2672 CONGRESSIONAL RECORD — SENATE April 25, 2012 managed to tap into one of the most partment of Defense, and more than 60 chargeable in bankruptcy because of generous Federal subsidies in the law. percent of education benefits available the failure of the school to disclose Five years ago, we gave them a to military spouses go to for-profit that the student still has eligibility for break. In the bankruptcy bill, we said schools. a Federal loan. private for-profit schools will be the This is significant. We capped Fed- Secondly, I know I am probably cry- only private loans in America that are eral aid to for-profit schools at 90 per- ing in the wilderness, but I still find it not dischargeable in bankruptcy, which cent of their revenue, but we created inconceivable that the only private means you carry them to the grave. So an exception for the GI bill. So some of sector business loan in America that is the for-profit schools give these private them are up to 95 percent Federal sub- not dischargeable in bankruptcy goes loans to students, and their parents sidy and still we have these terrible re- to these heavily subsidized for-profit sign up for them. When it is all said sults and terrible indebtedness. schools. First, we lured them with Fed- and done, they end up saddled with this Students at for-profit colleges have eral money—90 percent-plus—and then impossible debt for a lifetime. That is lower success rates than similar stu- we turn around and say: And we will not even to go to the question about dents in public and nonprofit colleges, protect you. When the student who is whether they are receiving any kind of including graduation rates, employ- likely to default ends up defaulting, we valuable education in the process. ment outcomes, debt levels, and loan will make sure they still have the debt, For-profits, incidentally, spent 21 default rates. Yet the Department of carrying it to the grave. What were we percent-plus of their expenses on in- Defense is paying more to for-profit thinking to give this one business this struction—21 percent on instruction. It schools for the GI bill than public and kind of fantastic Federal subsidy and was 29.5 percent at public institutions, nonprofit institutions. this kind of amazing support in the 32.7 percent at private nonprofit insti- I wish to have printed in the RECORD, Bankruptcy Code? tutions. along with my remarks, an article that I ask unanimous consent to have USA Today reported that for-profits appeared in the Wall Street Journal on printed in the RECORD, along with that educate fewer than 10 percent of stu- Wednesday, April 18. It tells the story article from the Wall Street Journal, a dents, take in 25 percent of all Federal of Jodi Romine, who between the ages recent article from Barron’s of April 16. aid to education, and account for 44 of 18 and 22 took out $74,000 in students There being no objection, the mate- percent of defaults among borrowers. loans. She attended Kent State Univer- rial was ordered to be printed in the Remember those numbers: 10, 25, and sity, a public university in Ohio. It RECORD, as follows: 44. They are taking in 10 percent of the seemed like a good investment at the [From the Wall Street Journal, Apr. 17, 2012] students, taking in 25 percent of all the time. But now it is going to delay her TO PAY OFF LOANS, GRADS PUT OFF Federal aid to education, and 44 per- career, her marriage, and her decision MARRIAGE, CHILDREN cent of the defaults on student loans to have children. (By Sue Shellenbarger) are attributable to these for-profit Ms. Romine’s $900-a-month loan pay- Between the ages of 18 and 22, Jodi Romine schools. ments eats up 60 percent of the pay- took out $74,000 in student loans to help fi- According to the Project on Student check she earns as a bank teller in nance her business-management degree at Debt, 96 percent of for-profit college South Carolina, the best job she could Kent State University in Ohio. What seemed students graduate with some debt, like a good investment will delay her career, get after graduating from college. her marriage and decision to have children. compared to 72 percent of private non- Her fiance´ spends 40 percent of his Ms. Romine’s $900-a-month loan payments profit grads, 62 percent of public school paycheck on student loans. They each eat up 60% of the paycheck she earns as a grads. The Project on Student Debt work more than 60 hours a week and bank teller in Beaufort, S.C., the best job she also reported that borrowers who grad- volunteer where they can to help the could get after graduating in 2008. Her fiance´ uated from for-profit 4-year programs local high school’s football and basket- Dean Hawkins, 31, spends 40% of his pay- have an average debt of $33,000, com- ball teams. Ms. Romine works a second check on student loans. They each work pared to $27,600 at private nonprofits, job as a waitress, making all her loan more than 60 hours a week. He teaches as well as coaches high-school baseball and $20,000 at public schools. payments on time. She cannot buy a football teams, studies in a full-time mas- Last year, the Department of Edu- house. They cannot visit their families ter’s degree program, and moonlights week- cation released a report showing that in Ohio as often as they would like or ends as a server at a restaurant. Ms. Romine, for-profit schools have a student loan spend money to even go out. now 26, also works a second job, as a wait- default rate overall of 15 percent, com- Plans to marry or have children are ress. She is making all her loan payments on pared with 7.2 percent at public on hold, says Ms. Romine, ‘‘I am just time. schools, 4.6 percent at private non- looking for some way to manage my fi- They can’t buy a house, visit their families profit schools. If I were to stand before nances.’’ This is an indication of a debt in Ohio as often as they would like or spend money on dates. Plans to marry or have chil- you and talk about any other business crisis that is coming. It is different, I dren are on hold, says Ms. Romine. ‘‘I’m just in America, heavily subsidized by the would agree, than the mortgage debt looking for some way to manage my fi- Federal Government—beyond 90 per- crisis we faced. Smaller in magnitude, nances.’’ cent of all the revenues they take in— perhaps, but no less insidious and no High school’s Class of 2012 is getting ready that is luring students and their fami- less of a problem for us when it comes for college, with students in their late teens lies into unmanageable debt, I would to the growth of our economy. and early 20s facing one of the biggest finan- I have a couple bills pending. One of cial decisions they will ever make. hope both sides of the aisle would stand Total U.S. student-loan debt outstanding and say that is unacceptable. How can them goes to a very basic question: topped $1 trillion last year, according to the we subsidize an operation that is caus- Should any college, public, private, federal Consumer Financial Protection Bu- ing such hardship on students and their profit, nonprofit, be allowed to lure a reau, and it continues to rise as current stu- families—a hardship they are going to student into a private student loan dents borrow more and past students fall be- carry for a lifetime. when they are still eligible for govern- hind on payments. Moody’s Investors Service George Jacobs, at age 29, is writing ment loans? In other words, should says borrowers with private student loans off the possibility of ever owning a that not be one of the causes for a dis- are defaulting or falling behind on payments at twice prerecession rates. home because he signed up at one of charge in bankruptcy? It is fraud. It is Most students get little help from colleges those for-profit schools in my State. fraud to say to that student: You have in choosing loans or calculating payments. The Senate HELP Committee also to take out this private student loan, Most pre-loan counseling for government discovered that out of $640 million in even though the school knows that stu- loans is done online, and many students pay post-9/11 GI benefits, a bill we were all dent is still eligible for low-interest only fleeting attention to documents from proud to vote for, out of the $640 mil- rate accommodating Federal loans. private lenders. Many borrowers ‘‘are very lion that flowed to for-profit schools in They are luring them into a debt that confused, and don’t have a good sense of the last academic year, $439 million is unnecessary and a debt which is what they’ve taken on,’’ says Deanne went to the largest 15 publicly traded Loonin, an attorney for the National Con- crushing, in some circumstances. sumer Law Center in Boston and head of its companies. For-profit colleges are re- At the very minimum, that should be Student Loan Borrower Assistance Project. ceiving $1 out of every $2 in military considered fraud in a bankruptcy More than half of student borrowers fail to tuition assistance, according to the De- court, and that debt should be dis- max out government loans before taking out

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.012 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2673 riskier private loans, according to research payments for a few months. After interest lies. Family formations, a key bulwark to by the nonprofit Project on Student Debt. In plus forbearance fees that were added to the home prices, have been in a seemingly inex- 2006, Barnard College, in New York, started loans, she still owes $98,000, even after mak- plicable funk over the past five years or so. one-on-one counseling for students applying ing payments for most of five years, says Ms. Prospects are even more harrowing for de- for private loans. Students borrowing from Jokela, 32, who is working as an independent faulters on student debt. They are virtually private lenders dropped 74% the next year, contractor doing administrative tasks for a excluded from the credit economy, unable to says Nanette DiLauro, director of financial construction company. get mortgages, take out auto loans, or even aid. In 2007, Mount Holyoke College started a By the time she pays off the loans 25 years obtain credit cards. ‘‘We are creating a zom- similar program, and half the students who from now, she will have paid $211,000. In an bie generation of young people, larded with received counseling changed their borrowing attempt to build savings, she and her hus- debt, and, in many cases dropouts without plans, says Gail W. Holt, a financial-services band, Mike, 32, a customer-service specialist, any diploma,’’ says Mark Zandi, the chief official at the Massachusetts school. San are selling their condo. Renting an apart- economist at Moody’s Analytics. Diego State University started counseling ment will save $600 a month. Ms. Jokela has Debt taken on by students pursuing profes- and tracking student borrowers in 2010 and given up on her hopes of getting an M.B.A., sional degrees in graduate schools is even has seen private loans decline. starting her own interior-design firm or hav- more daunting. Federal Reserve Chairman The implications last a lifetime. A recent ing children. ‘‘How could I consider having Ben Bernanke turned some heads in an aside survey by the National Association of Con- children if I can barely support myself?’’ she during congressional testimony last month sumer Bankruptcy Attorneys says members says. when he said that his son, who is in medical are seeing a big increase in people whose stu- school, would probably accumulate total dent loans are forcing them to delay major [From Barron’s, Apr. 16, 2012] debt of $400,000 before completing his studies. purchases or starting families. WHAT A DRAG! Law students, even at non-elite law schools, Looking back, Ms. Romine wishes she had (By Jonathan R. Laing) often run up debt of as much as $150,000 over taken only ‘‘a bare minimum’’ of student the course of earning their degrees. This loans. She paid some of her costs during col- AT $1 TRILLION AND CLIMBING, THE GROWING even though top-paying law jobs at major lege by working part time as a waitress. STUDENT-LOAN DEBT COULD BE A BURDEN ON corporate law firms are shrinking, con- Now, she wishes she had worked even more. ECONOMIC GROWTH FOR DECADES TO COME. signing many graduates to lives of relative Given a second chance, ‘‘I would never have You don’t need a Ph.D. in math to know penury. Many are resorting to lawsuits touched a private loan—ever,’’ she says. that student-loan debt is compounding at an against their schools, charging, with some Ms. Romine hopes to solve the problem by alarming rate. In the last six weeks alone, justification, that the schools gilded the em- advancing her career. At the bank where she two new government reports have detailed ployment opportunities that awaited grad- works, a former supervisor says she is a hard the growing student debt burden, which has uates. working, highly capable employee. ‘‘Jodi is no doubt contributed to the weak economic It’s not just students who are being doing the best she can,’’ says Michael Mat- recovery and could remain a drag on growth crushed by student-debt loads. Kenneth Lin, thews, a Beaufort, S.C., bankruptcy attorney for decades to come. First came a report of the credit-rating Website Credit Karma, who is familiar with Ms. Romine’s situation. early last month from the Federal Reserve found something astounding when he exam- ‘‘But she will be behind the eight-ball for Bank of New York stating that the $870 bil- ined credit reports on literally millions of years.’’ lion in loans carried by some 37 million households nationwide. Student debt bor- Private student loans often carry un- present and former students exceeded the rowing by the 34-to-49 age cohort has soared capped, variable interest rates and aren’t re- money owed by all Americans for auto loans, by more than 40% over the past three years, quired to include flexible repayment options. as of the Sept. 30 end of the government’s faster than for any other age group. He at- In contrast, government loans offer fixed in- 2011 fiscal year. It’s also greater than credit- tributes this in large part to bad economic terest rates and flexible options, such as in- card debt. The report went on to note that times that prompted many to seek more come-based repayment and deferral for hard- delinquencies, officially reported at about training to enhance their career prospects. ship or public service. 10% of outstanding loans, were actually Steep increases in college costs are to This is also the age group that the for-profit more than twice that number when things blame for the student-loan debt burden, and schools mercilessly mine with late-night tel- most student loans are now made by the gov- like loan-payment deferrals for current full- evision ads, online advertising, and aggres- ernment, says Richard Hunt, president of the time students were properly accounted for. sive cold-calling to entice with their wares. But that was just prelude for a speech in Consumer Bankers Association, a private Also, some folks in their 30s are obviously late March, when an official of the new fed- lenders’ industry group. having trouble paying off student loans Many private lenders encourage students eral watchdog agency, the Consumer Finan- taken out earlier in their lives because of to plan ahead on how to finance college, so cial Protection Bureau, asserted that total high unemployment rates and disappointing ‘‘your eyes are open on what it’s going to student debt outstanding actually topped $1 career outcomes. According to the aforemen- cost you and how you will manage that,’’ trillion. The Fed, it seems, failed to account tioned Fed report, the 30-to-39 age group says a spokeswoman for Sallie Mae, a Res- for much of the interest that had been cap- owes more than any other age decile, with a ton, Va., student-loan concern. Federal rules italized, or added to outstanding loan bal- per-borrower debt load of $28,500. They’re fol- implemented in 2009 require lenders to make ances on delinquent and defaulted loans. lowed by borrowers between the ages of 40 a series of disclosures to borrowers, so that The cause of the binge is the unfortunate and 49, who had outstanding balances of ‘‘you are made aware multiple times before concatenation of steeply rising tuitions in $26,000. This is what happens to folks when the loan is disbursed’’ of various lending op- the face of stagnating family incomes, a pre- loans go delinquent or fall into default (nine tions, the spokeswoman says. cipitous decline in states’ funding of public missed payments in a row), as back interest Both private and government loans, how- universities and two-year colleges, and the is added to principal and collection costs ever, lack ‘‘the most fundamental protec- burgeoning of avaricious for-profit colleges mount. tions we take for granted with every other and universities—which rely on federally Parents, too, are getting caught up in the type of loan,’’ says Alan Collinge, founder of guaranteed student loans for practically all student-loan debt explosion. Loans to par- StudentLoanJustice.org, an advocacy group. of their revenue, in exchange for dubious ents to help finance their kids’ post-sec- When borrowers default, collection agencies course offerings. ondary education have jumped 75% since the can hound them for life, because unlike Ever-rising tuitions are the biggest part of 2005–06 school year, to an estimated $100 bil- other kinds of debt, there is no statute of the problem. As the chart nearby shows, tui- lion in federally backed loans; this according limitations on collections. And while other tion and fees at four-year schools rocketed to data compiled by Mark Kantrowitz, the kinds of debt can be discharged in bank- up by 300% from 1990 through 2011. Over the publisher of the authoritative student-aid ruptcy, student loans must still be paid bar- same period, broad inflation was just 75% Website FinAid.org. That’s certainly a pain- ring ‘‘undue hardship,’’ a legal test that and health-care costs rose 150%. ful burden to bear for baby boomers, who are most courts have interpreted very narrowly. However you apportion blame, it boils fast approaching retirement bereft of much Deferring payments to avoid default is down to this: Two-thirds of the college sen- of the home equity they’d been counting on costly, too. Danielle Jokela of Chicago iors who graduated in 2010 had student loans to finance their golden years. earned a two-year degree and worked for a averaging $25,250, according to estimates in a To be sure, student loans aren’t the debt while to build savings before deciding to pur- survey by the Institute for College Access & bomb that many doomsayers claim, poised to sue a dream by enrolling at age 25 at a pri- Success, an independent watchdog group. destroy the U.S. financial system as the resi- vate, for-profit college in Chicago to study For students at for-profit schools, average dential-mortgage-market collapse nearly interior design. The college’s staff helped her per-student debt is even greater for training did. Moody’s Mark Zandi ticks off a number fill out applications for $79,000 in govern- in such fields as cosmetology, massage ther- of reasons why: ment and private loans. ‘‘I had no clue’’ apy, and criminal justice, as well as more Student loans are just one-tenth the size of about likely future earnings or the size of fu- traditional academic subjects. the home-mortgage market. Subprime mort- ture payments, which ballooned by her 2008 Whether you have kids in school or they’ve gages, including alt-A, option ARMs (adjust- graduation to more than $100,000 after inter- long since graduated, this is a big deal. Grad- able-rate mortgages), and other funky con- est and fees. uates lugging huge debt loads with few job structs, were bundled into $2.5 trillion worth She couldn’t find a job as an interior de- opportunities to pay them off are reluctant of securitizations at their peak, ensuring signer and twice had to ask lenders to defer to buy cars, purchase homes, or start fami- that the damage wrought by their collapse

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.013 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2674 CONGRESSIONAL RECORD — SENATE April 25, 2012 spread far and wide, destroying the value of since the financial crisis, demanding higher could boost prices with impunity because of U.S. families’ biggest asset. The impact of FICO, or credit, scores from borrowers and the scarcity value, social cachet and quality these mortgage securitizations was only am- parents to co-sign most education loans. of the education they offer. They’ve led the plified by huge bets made by financial insti- However, Fitch recently warned that private charge ever since, even getting caught by the tutions like insurer American International student-loan asset-backed securities, espe- U.S. Justice Department for colluding on Group (ticker: AIG) on the home-mortgage cially bundled before the recent recession tuition increases and grant offers to appli- market in the form of credit-default swaps with less stringent standards, are expected cants in the early ’90s. They signed a consent and the like. to continue to suffer from ‘‘high defaults and decree neither admitting to nor denying the Finally, and most important, the bulk of ratings pressure.’’ Little surprise then that charges. the student debt outstanding, some $870 bil- JPMorgan Chase (JPM) announced last week Don’t think that state governments— lion of the total, is guaranteed by the federal that it would stop underwriting student which have been methodically cutting appro- government—and ultimately taxpayers. loans as of July 1, except to customers of the priations to higher public education for the ‘‘Thus, the damage can be contained, at least bank. last decade—aren’t aware of the still-yawn- until the next recession,’’ Zandi asserts. ‘‘We Despite all this, some observers blame the ing gap between the sticker prices of state should worry more about more subtle things government for the debt spiral—by making and private schools, which means that tui- like how indebtedness is causing the U.S. to subsidized loans overly available to students. tions are likely to continue to rise at break- fall behind some . . . emerging nations in the Without easy federal Pell grants (up to $5,550 neck speed. proportion of our population with college de- a year for full-time students at four-year col- Too, elevated sticker prices by the privates grees than about any direct financial system leges) and federal undergraduate loans, now have given cover to for-profit schools, in- fallout.’’ capped at an aggregate of $57,500, there cluding University of Phoenix, owned by The eventual bill to taxpayers on defaulted would have been no spiral in college costs. Apollo Group (APOL), Bridgepoint Education student loans won’t be overwhelming. That’s But this smacks of blaming the victims— (BPI), ITT Educational Services (ESI), Wash- because Uncle Sam has enough collection students encumbered by debt and taxpayers ington Post’s (WPO) Kaplan University, and powers to make a juice-loan collector envi- ultimately subsidizing and guaranteeing the Career Education (CECO), a capacious um- ous and most debtors cry, well, ‘‘Uncle!’’ loans. brella under which to nestle. The schools live Among other things, the government can The perps clearly seem to be the so-called off of Pell grants, federally backed student garnish the wages and glom onto income-tax nonprofit universities and colleges that have loans, and, increasingly, the GI bill for vet- refunds or Social Security payments of de- been gunning tuition and fees ever higher erans. Thus, they derive as much as 90% or faulters. And student debts are treated like since 1980, vastly in excess of consumer infla- more of their revenue from such government criminal judgments, alimony and the like tion, health care, and nearly any other cost money, so they concentrate their recruiting when it comes to bankruptcy. They can be index one can imagine. efforts on the less affluent in order to qualify discharged only under the rarest of cir- Just take a look at the chart nearby, help- for such government largess. (For a look at cumstances, no matter how fraught the fully provided by the College Board in its ITT Educational’s practices, see ‘‘Clever Is deadbeats’ financial circumstances have be- latest 2011 ‘‘Trends in College Pricing.’’ In- as Clever Does.’’) come. flation-adjusted, private four-year college The industry’s course content is often ris- A recent story by Bloomberg’s John Hech- tuition and fees have jumped 181% on a ible, and graduation rates horrible. Students inger describes the hard-nosed tactics used smooth but relentlessly higher glide path. naively hoping for a big jump in earnings by collection agencies hired by the Depart- Public four-year college tuitions have risen power end up saddled with debt averaging ment of Education to go after the defaulters by an even larger 268%, although it’s clearly about $33,000, with little to show for their ef- on $67 billion in loans. The collectors, oper- a case of catch-up. In-state tuition this year forts. Students at for-profits make up about ating out of boiler rooms, badger their averages only $8,244, compared with the pri- 10% of the post-secondary-school population. marks with all manner of threats in return vates’ $28,500 average tab. Student-debt out- Yet according to congressional researchers for bonuses, gift cards, and trips to foreign standing, meanwhile, is growing far faster, on the Senate Health, Education, Labor, and resorts if they pry at least nine months of climbing ninefold since 1997. Pensions Committee, which has been inves- payments above a certain minimum out of The College Board and private colleges and tigating the for-profit industry, they ac- the defaulters. No mention is made of more universities obdurately defend themselves, count for between 40% and 50% of all stu- lenient payment plans. saying the ‘‘sticker price’’ in no way rep- dent-loan defaults. Such strategies apparently work, tawdry resents the actual price paid by families The student-debt crisis is emblematic of though they may be. The government claims after taking into account federal and state issues bedeviling the U.S. as a whole, such as it collects around 85 cents on the dollar of grant aid, federal-tax breaks to families pay- income inequality and declining social mo- loan defaults. By contrast, credit-card com- ing for college, and, of course, scholarship bility. For as scholarship money is increas- panies are lucky to collect 10 cents on the money provided by the schools themselves. ingly diverted from the needy to achievers dollar from borrowers in default. In fact on a ‘‘net-price’’ basis, private four- with high grade-point averages and test Changes in repayment plans instituted in year tuition costs, at $12,970, were slightly scores, boosting institutional rankings, the 2009 allow some student-loan borrowers in lower than in the academic year five years perhaps less-privileged applicant is thrust extreme hardship to pay monthly on the ago, the report brags. into the position of having to take on gobs of basis of what they can afford rather than That assertion is true as far as it goes. But debt, indirectly subsidizing the education of what they owe. Under this ‘‘income-based re- the lower net price is not the result of the more affluent classmates. The race to the ca- payment plan,’’ after 25 years of payments munificence of schools’ scholarship pro- reer top is likely over long before gradua- based on the borrower’s discretionary in- grams, but is almost solely due to large in- tion. come, the remainder of the loan will be for- creases made under President Obama in the Student debt also helps sustain many given. Thanks to the Obama administration, size of Pell grants and educational tax cred- school hierarchies that are virtually bereft that number will soon be just 20 years. its. Throw in room and board—‘‘not really of cost controls—the high-salaried tenured Students going into public-service jobs part of the cost of attending college,’’ the re- professorates, million-dollar-a-year presi- like teaching can receive a get-out-of-debt- port says dismissively—and college costs are dents and provosts, huge administrative bu- ors’-prison card after 10 years of income- indeed higher this year. Room and board— reaucracies, and lavish physical plants. based payments. $8,887 on average for in-state students at The debt game will continue until students But these programs aren’t likely to add public schools in the current school year and and their families revolt or run out of addi- much to the taxpayer tab on student-loan $10,089 at private colleges—have long been a tional borrowing capacity. Don’t expect the defaults, since the participation in the pro- means for colleges to make stealth price in- educational establishment to rein in its grams has been light (550,000 out of 37 mil- creases. spending. Things have been too cushy for too lion student borrowers), and the money col- Ivy League schools with total sticker long. lected is better than nothing. prices including room and board of $50,000 to Mr. DURBIN. They identified those Nor are the major players in the private, $57,000 in the current academic year use who were offering these private student nongovernment-backed student-loan market, their large endowments to give out large such as SLM, formerly known as Sallie Mae dollops of student aid. In fact, Yale and Har- loans. The major players in the private (SLM), Discover Financial Services (DFS), vard are said to offer scholarship money or nongovernment-backed student loan Wells Fargo (WFC) and PNC Financial Serv- assistance to families with incomes up to market: SLM let me translate—for- ices (PNC), likely to suffer much from delin- $180,000. As a result, students graduating merly known as Sallie Mae, Discover quencies or defaults. Their student-loan bal- from elite schools like Princeton, Yale, and Financial Services, Wells Fargo, and ances, at around $130 billion, are relatively Williams College are able to graduate with PNC Financial Services. Even with the manageable. They also were able to slip into total debt under $10,000, making them among defaults, if there are defaults on these 2005 legislation a provision prohibiting stu- the lowest-debt college and universities in loans, these loans are protected be- dent-loan borrowers from discharging that the country. debt in bankruptcy, mimicking the govern- But the Ivies can’t be absolved of all blame cause they continue forever. ment’s leverage over defaulters. in the current debt mess. They began the I do not know if my colleagues will The private student-loan industry has also sticker-price arms race in the early 1980s, join me in this, but all I ask them to do tightened up its underwriting standards reasoning correctly, it turns out, that they is go home and please talk to some of

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.014 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2675 the families in their States, and they Mr. INHOFE. Would the Senator has taken care of lots of Medicare pa- will find this student loan crisis is not yield for a unanimous consent request? tients over the years, I can tell you just something manufactured by politi- Mr. ALEXANDER. Of course. that one in four—about 12 million sen- cians; it is real, and we are complicit in Mr. INHOFE. I do not want to change iors—is on this Medicare Advantage it. When we allow low-performing and the Senator’s line of thought. It was Program. The reason it is an advantage worthless schools to receive Federal beautiful and I want to hear every for them is that it helps with preven- aid to education, students and their word. Madam President, I ask unani- tive medicine, with coordinating their families are lured into believing these mous consent that after the conclusion care. They like it because of eyeglasses are real schools. of the remarks of the Senator from and eye care and because of hearing Go to the Internet and put in the Tennessee, that there will be 10 min- aids. words ‘‘college’’ or ‘‘university,’’ click utes given to the Senator from Wyo- Each one of those 12 million seniors the mouse and watch what happens. ming, Mr. BARRASSO, and that I have knows they are on Medicare Advantage You will be inundated with ads from the remainder of the Republican time. because it is a choice they make to go for-profit schools. Some of them will The ACTING PRESIDENT pro tem- onto the program. Well, as people all tell you: Go to school online. One of pore. Without objection, it is so or- around the country remember, the them ran a television ad here in Wash- dered. White House and Democrats, in the ef- ington—I think they have taken it off (The remarks of Mr. ALEXANDER per- fort to pass the health care law, cut the air now—that showed this lovely taining to the introduction of S. 2366 $500 billion from Medicare—not to young girl who was in her bedroom in are located in today’s RECORD under strengthen Medicare or save Medicare her pajamas with her laptop computer ‘‘Statements on Introduced Bills and for our seniors, no—to start a whole on the bed. The purpose of the ad was: Joint Resolutions.’’) new government program for other You can graduate from college at home The ACTING PRESIDENT pro tem- people. Out of that $500 billion that the in your pajamas. It is a ruse. It is a pore. The Senator from Wyoming. President and his administration and Democrats in Congress cut from Medi- farce. It is a fraud. A SECOND OPINION Many times these schools offer noth- Mr. BARRASSO. Madam President, care, about $145 billion of that money came from this Medicare Advantage ing but debt for these students. The week after week, I have come to the Program—a program people like. These students who drop out get the worst of floor to give a doctor’s second opinion cuts would have gone into place this the circumstances. They do not even about the health care law. I tell my year—actually, October of this year. get the worthless diploma from the for- colleague from Tennessee that I should That is the time of year when seniors profit schools; all they get is the debt. have him join me on a weekly basis in are supposed to register for their Medi- That is not fair. If we have a responsi- these second opinions, because he has care Advantage plans for the next year. bility—and I think we do—to families clearly stated a number of things in So we are talking about October of across America, for goodness’ sake, on this health care law that are hurting 2012, the month before the Presidential a bipartisan basis, we should step up people. He talked about his experience election, and cuts coming then would and deal with the student debt crisis as a Governor and the impact of Med- make those millions of American sen- and the for-profit schools that are ex- icaid mandates and how that impacted iors who have chosen Medicare Advan- ploiting it. his ability to provide for education I yield the floor. tage very unhappy with this adminis- The ACTING PRESIDENT pro tem- within a State. Just now, with the bill he will intro- tration and the Democrats in Congress pore. The Senator from Tennessee. who shoved this down the throats of Mr. ALEXANDER. Madam President, duce, I associate myself with his re- marks, because he showed that one of the American people. I ask unanimous consent to speak for In spite of the American people say- the tricks that was used in passing the up to 15 minutes as in morning busi- ing, no, don’t pass this health care law, health care law is overcharging. This is ness. according to the President and the The ACTING PRESIDENT pro tem- the Obama health care law over- Democrats, too bad, we know what is pore. Without objection, it is so or- charging young people on student better for you. Democrats believe that dered. loans. The Democrats all voted for it a one-size-fits-all is best, that a gov- Mr. ALEXANDER. Would the Chair and the Republicans all voted against ernment-centered program is better please let me know when there is 2 it. It is overcharging students for stu- than a patient-centered program. minutes left. dent loans to pay for the President’s The President and his folks saw this The ACTING PRESIDENT pro tem- health care law. political problem developing. It is a pore. I will. Again, I appreciate the comments by real political problem for the Presi- Mr. ALEXANDER. Madam President, my colleague, the Senator from Ten- dent. And what did the administration I am glad I had a chance to hear my nessee, and his incredible leadership on do? Well, they put in place a massive distinguished friend from Illinois speak this, which he continues to provide $8.3 billion—that is billion with a ‘‘b’’— about student loans and college costs. every day in the Senate. so-called pilot program. What that will All of us would like to make it easier I come to the floor today to again do is temporarily reverse most of these for Americans to be able to afford col- give a second opinion about another Medicare Advantage cuts—not for too lege. At another time, I will speak component of the health care law and long, just to get the President and the about some of the other options avail- one of the tricks that the administra- Democrats past the election of 2012. able. The average tuition at 4-year pub- tion has tried to use in terms of mak- According to the GAO, 90 percent of lic colleges in America is $8,200. The ing the health care law, in their opin- the Medicare Advantage enrollees will average tuition for a community col- ion, more appealing, which essentially be covered by these contracts eligible lege is $3,000. the Government Accountability Office for this so-called bonus in 2012 and 2013. I know at the University of Ten- this week called foul. But this is a sham program. It is seven nessee, where tuition is about $7,400, at The President was caught and called times larger than any similar dem- a very good campus in Knoxville, vir- out by the GAO, when they uncovered onstration program Medicare has ever tually all the freshmen show up with a another gimmick in the President’s attempted, and Medicare has been in $4,000 Hope Scholarship, which is a health care law. It is a gimmick that place now for 50 years. Take a look at State scholarship. Of course, if they tries to cover up how the President’s this. This is the largest ever—seven are lower income students, they are law devastates seniors’ ability to get times larger than any demonstration also eligible for Pell grants and other the care they need from the doctor program they have ever attempted. federal aid. they want at a cost they can afford. Even the GAO, which is supposed to So we will continue to work, on a bi- The Obama administration’s latest be—and is—nonpartisan, called out the partisan basis, to make college an op- trick targets seniors on a program President and the Secretary of Health portunity available to students. If called Medicare Advantage. It is a pro- and Human Services. there are abuses in the for-profit sector gram that one out of four seniors—peo- This program wasn’t actually de- or other sectors of higher education, ple on Medicare—relies on for their signed to improve the Medicare Advan- we should work on those together. health care coverage. As someone who tage Program. That is why this is a

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.015 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2676 CONGRESSIONAL RECORD — SENATE April 25, 2012 sham. The reality is this so-called forget NANCY PELOSI’s quote that ‘‘first cause it is all a quote by Armendairiz. bonus program is a political stunt you have to pass it before you get to He is, as I said, the Administrator of aimed at the 2012 Presidential election. find out what’s in it.’’ Week after region 6, and he is instructing at this The administration simply did not week, we are finding out more things time people who are working for them want to face America’s seniors with in this health care law. And now, under in what their behavior should be. So the truth—the truth that his health the direction and suspicion of Senator this is an actual quote I am going to care law gutted the popular Medicare HATCH, we have the Government Ac- use. It is a long quote. Bear with me. Advantage Program, reducing choices countability Office coming out and I was in a meeting once and I gave an anal- and raising premiums. saying they found something new again ogy to my staff about my philosophy of en- The Wall Street Journal editorial this week—an effort by this adminis- forcement, and I think it was probably a lit- board reported yesterday that ‘‘the tration to hide from the American peo- tle crude and maybe not appropriate for the demonstration program turns into a ple the real impact of the health care meeting but I’ll go ahead and tell you what pumpkin in 2013.’’ law and hide it before the election so I said. It was kind of like how the Romans They go on to say: the American people will not—the used to conquer little villages in the Medi- terranean. They would go into a little Turk- The real game here is purely political—to President hopes—go to the polls and ish town somewhere, they’d find the first give a program that is popular with seniors vote the way, in my mind, they would a temporary reprieve past Election Day. five guys they saw and they would crucify have voted had they seen the clear re- them. And then you know that town was Then if Mr. Obama is reelected, he will go ality of all of the impacts of this ahead and gut Medicare Advantage. really easy to manage for the next few years. health care law. And so you make examples out of people who That has been his intention all I thank the Chair, and I yield the are in this case not compliant with the law. along—to gut Medicare Advantage. floor. Find people who are not compliant with the Investor’s Business Daily yesterday The ACTING PRESIDENT pro tem- law, and you hit them as hard as you can and described it as ‘‘playing politics with pore. The Senator from Oklahoma. you make examples out of them, and there is Medicare.’’ They go on to report: DOMESTIC ENERGY PRODUCTION a great deterrent effect there. And, compa- The entire project is so transparently po- Mr. INHOFE. First of all, Madam nies that are smart see that, they don’t want litical that the normally reserved GAO urged to play that game, and they decide at that President, let me say we are very for- point that it’s time to clean up. And, that the Health and Human Services Department tunate to have the Senator from Wyo- to cancel it altogether. won’t happen unless you have somebody out ming, with his background, come and Isn’t this the administration that there making examples of people. So you go give us his second opinion. The ratings out, you look at the industry, you find the claimed that accountability was their are very high on his second opinion, people violating the law, you go aggressively goal, that this was going to be the and I am very glad of that. after them. And we do have some pretty ef- most accountable administration in I am also very pleased we had the fective enforcement tools. Compliance can history? Then why is the government’s Senator from Tennessee talking about get very high, very, very quickly. That’s own accountability office calling the the big issue of today. There is no what these companies respond to, is both President and the Democrats on the one—having been the Secretary of Edu- their public image but also financial pres- sure. So you put some financial pressure on carpet and saying: Cancel this program cation in a previous administration— altogether. a company, you get other people in that in- who is more qualified to talk about dustry to clean up very quickly. So, that’s An op-ed that appeared in Forbes student loans than the Senator from our general philosophy. Magazine called it the ‘‘Obama Cam- Tennessee. So I am very appreciative. paign’s $8 Billion Taxpayer-Funded Again, that is a quote from the EPA Ironically, we have talked about two Administrator of region 6. He actually Medicare Slush Fund.’’ The author subjects, and I am here to talk about said: You know, it is kind of like the notes: one totally unrelated that I think is Romans, when they used to conquer This development opens up a new expan- equally critical—and I have to be crit- little villages in the Mediterranean. sion of executive-branch power: the ability ical—of this administration. I am going They would go into a little Turkish to spend billions of dollars on politically-fa- to state something that hasn’t been town and find the first five guys they vored constituents, without the consent of stated before. I am going to release Congress. saw and crucify them. That is how you something that hasn’t been released get their attention. Madam President, we wouldn’t have before, and I think it is very signifi- I remember a few years ago a lumber known about the Obama administra- cant that people really listen. tion’s $8 billion coverup if it weren’t You know, this President has had a company in my State of Oklahoma for my colleague, Senator ORRIN war on fossil fuels—and when we talk called me up and said: I am not sure HATCH, who insisted on the GAO inves- about fossil fuels, we are talking about what to do. The EPA is putting us out tigation. I believe the American people oil, gas, and coal—ever since before he of business. owe a debt of thanks to Senator HATCH. was in office. He is very clever because I said: What do you mean, putting Thanks to his leadership, we now know what he has attempted to do is to kill you out of business? what the administration is doing to try oil, gas, and coal when we had the huge This was a lumber company in Tulsa, to trick American seniors and make it supply of it here and yet do it in a way OK—Mill Creek Lumber. The man who harder for them to get the care they that the American people won’t be was calling me was the president. need after the Presidential election. aware over it. How many people in He said: We have been disposing of Once again, this administration America, I ask the Chair, know what our used crankcase oil in the same claims to be for transparency, claims hydraulic fracturing is? I daresay more legal, licensed depository for 10 years to pride itself on accountability, but is people know about it today than knew now, and they have traced some of this not leveling with the American people. about it a short while ago. oil to a Superfund site, and they say So today I am calling on the President So today I wish to address for the they are now going to fine me $5,000 a to direct his Secretary of Health and first time ever the questionable actions day for that violation. Now, that is Human Services to cancel this waste of recently taken by the Obama adminis- what the letter said. taxpayer dollars that are being used to tration’s Environmental Protection I said: Send the letter to me. That is cover up the damage his health care Agency to stop domestic energy pro- a typical threat by the EPA to try to law is doing to the seniors of this coun- duction, particularly doing so by using make you voluntarily go out of busi- try who are on Medicare Advantage. It hydraulic fracturing. ness. is time they cancel the program and Today I wish to draw attention to a So he sent it to me, and sure enough come clean about their plan for seniors little-known video from 2010 which that is what it said. Any concerned on Medicare Advantage. This latest shows a top EPA official, region 6 Ad- reader would look at that and say: gimmick is just another reason we ministrator Al Armendairiz, using the They are going to put us out of busi- must repeal the President’s health care vivid metaphor of crucifixion to ex- ness. He said they could stay in busi- law and replace it with patient-cen- plain EPA’s enforcement tactics over ness maybe another 30 days and that tered reform. oil and gas producers. would be the end. So I will continue to come to the This is a long quote, and I am going Well, that was a threat. That is what floor every week because we can never to ask everyone to bear with me be- they do to intimidate people. It is not

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.018 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2677 quite to the level of a crucifixion, but Easter recess. In Dimock, PA, the EPA letter, at that time, to the EPA inspec- nonetheless times have changed and made two announcements, and the tor general requesting him to preserve things have gotten worse over the past same thing happened there. In all records of communication in con- few years. So, yes, they have the en- Pavillion, WY, the EPA announced nection with the emergency order forcement tools, and they are able to their reversal as Congress was wrap- issued by the EPA region 6 adminis- scare people, intimidate people. And ping up that week. trator. these are the very people who are So the same thing was happening. Subsequent to the EPA’s December 7, working and hiring people and doing The EPA’s general philosophy is to 2010, administrative order, on January what is necessary to run this machine crucify domestic energy producers. 18, 2011, EPA followed through on Re- we call America. Let’s look at the three of their cru- gional Administrator Armendariz’s So according to Administrator cifixions. promise to ‘‘make examples of people’’ Armendairiz, EPA’s general philosophy Parker County, TX. I think this and filed a complaint in Federal dis- is to crucify and make examples of do- could be the most outrageous of all the trict court, requesting penalties mestic energy producers so that other examples we will be talking about against Range Resources of $16,500 a companies will fall in line with EPA’s today. I will not have time to hit them day for each violation they alleged regulatory whims. His comments give all, but I will go back and make the took place—for each violation. I don’t us a rare glimpse into the Obama ad- complete statement I was going to know how many violations there are. I ministration’s true agenda. No matter make. Unfortunately, there isn’t time think there are three or four. how much President Obama may pre- to finish it now. Again, this goes back to the same tend to be a friend of oil, gas, and coal, But what happened in Parker Coun- thing that happened in my State of his green team constantly betrays the ty, TX, took place in region 6, where Oklahoma with the EPA trying to put truth that the Obama administration my State of Oklahoma is located. De- a lumber company out of business by is fully engaged in an all-out war on spite Texas State regulators actively EPA, except this is a larger company hydraulic fracturing, thinking people investigating the issue, EPA region 6 so there are larger fines. won’t know that if you kill hydraulic issued a December 7, 2010, Emergency So $16,500 a day in order to align with fracturing, you kill oil and gas produc- Administration Order, which deter- Armendariz’s pursuit of fines which tion in America. mined—I use the word ‘‘determined’’ ‘‘can get very high very, very quickly.’’ If these actions alone didn’t create Not long after Armendairiz made his because that is the word they used—de- an appearance of impropriety and call stunning admission, the EPA, appar- termined that State and local authori- into serious question the ability of Re- ently, began to zero in on the first cru- ties had not taken sufficient action and gional Administrator Armendariz to cifixion victims. The Agency targeted ordered a company called Range Re- conduct unbiased investigations and U.S. natural gas producers in Pennsyl- sources to provide clean drinking water fairly enforce the law, just 7 months vania, in Texas, and in Wyoming, and to affected residents and begin taking prior to the region’s actions in Parker in all three of these cases, before these steps to resolve the problem. County, Regional Administrator investigations were complete, EPA Along with this order, the EPA went Armendariz laid the groundwork of made headline-grabbing statements ei- on a publicity barrage in an attempt to how he planned to reign over his re- ther insinuating or proclaiming that publicize its premature and unjustified gion. hydraulic fracturing was the cause of conclusions. The day of the order, EPA In a townhall meeting in Dish, TX, water contamination. But in each of issued a press release in which it men- he ‘‘gave an analogy’’ of his ‘‘philos- these three cases, the EPA’s comments tioned hydraulic fracturing—not once, ophy of enforcement.’’ Again, we have were contrived, and despite their best not twice but four times—in trying to already talked about that analogy. efforts they have been unable to find tie that to problems with groundwater This is a quote I highlighted at the any science to back up their accusa- contamination. beginning of my speech: tions. The Agency claimed they also had It was kind of like the Romans used to Of course, this administration has a ‘‘determined’’—again, they used that conquer little villages in the Mediterranean. propensity for making embarrassing word—that natural gas drilling near They’d go into a little Turkish town some- announcements on days when they the homes by Range Resources in where, they’d find the first five guys they hope no one will notice. During the Parker County, TX, had caused the saw and they would crucify them. And then past 2-week recess, while Congress was contamination of at least two residen- you know that town was really easy to man- out of town, the EPA released several tial drinking water wells. age. late-Friday-night statements reversing Regional administrator Al Let me go back and be clear about their earlier assertions in these cases. Armendariz was quoted in a press story this. This is President Obama’s ap- Still, the problem is people are walking posted online, prior to him even noti- pointed regional administrator for the around believing these things are true. fying the State of Texas, that EPA was States of Arkansas, Louisiana, New The Agency hopes they can admit making their order—and the e-mails Mexico, Texas, and Oklahoma com- they were wrong quietly, but we are have been obtained from the day the paring his philosophy of enforcement not going to let that happen. We are order was released—showing him glee- over the oil and gas industries to not going to let them get away with it. fully sharing information with rabid Roman crucifixions, where they would The American people deserve to know antifracking advocates—and this is a ‘‘just grab the first five guys they saw’’ exactly why the EPA is pushing ahead quote by this EPA regional adminis- in order to set the policy and to scare with such intensity to capture alarmist trator: ‘‘We’re about to make a lot of everybody else and crucify them. headlines, and then, when no one is news . . . time to Tivo channel 8.’’ He Fast forward to late Friday after- looking and when their investigation was rejoicing. noon, March 30 of this year, just a few shows they were wrong, quietly back- In subsequent interviews, hours after Congress left town for the ing away from it. Armendariz made comments specifi- Easter recess. The Wall Street Journal The EPA, in Texas, Wyoming, and cally intending to incite fear and sway reported that: Pennsylvania, not only reversed their public opinion against hydraulic frac- EPA told a federal judge it withdrew an ad- assertions but did so with a stunning turing, citing multiple times a danger ministrative order that alleged Range Re- lack of transparency, strategically at- sources had polluted water wells in a rural of fire or explosion. When State regu- Texas county west of Fort Worth. Under an tempting to make these announce- lators were made aware of EPA’s ac- agreement filed by U.S. district court in Dal- ments as quietly as possible, at times tion, they made it clear they felt the las, the EPA will also drop the lawsuit it they know Congress won’t be looking. Agency was proceeding prematurely, to filed in January 2011 against Range, and Let me quickly highlight a few of these which Armendariz forwarded their Range will end its appeal of the administra- examples. In Parker County, TX, the reply calling it ‘‘stunning.’’ tive order. Agency’s major announcement—the What was ‘‘stunning,’’ to quote Listen to this. A few weeks prior to withdrawal of their administrative Armendariz, were revelations about the EPA’s withdrawal, a judge also con- order—was announced at a time they way in which the EPA acted in this cluded that one of the residents in- knew Congress was adjourning for particular case, which led me to send a volved in the investigation worked

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.019 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2678 CONGRESSIONAL RECORD — SENATE April 25, 2012 with environmental activists to create partment of Environmental Protection 26 percent of the world’s recoverable a ‘‘deceptive video’’ that was ‘‘cal- had taken substantial action to and in- oil. culated to alarm the public into believ- cluding working out an agreement with Our problem is our politicians will ing the water was burning’’—water an oil and gas company ensuring resi- not allow us—and particularly the that was the result of the hydraulic dents clean drinking water. Obama administration—to drill on pub- fracturing—when it appears the resi- In line with the State’s Department lic lands and to be able to capture that. dent attached a hose to the water of Environmental Protection, on De- We also hold almost 30 percent of the well’s gas vent, not the water, and of cember 2, 2011, the EPA declared that world’s technically recoverable conven- course lit it on fire. water in Dimock was safe to drink. tional natural gas. I was on a TV show the other night Just over a month later, EPA reversed In other words, to put it in a way by someone whom I will not mention that position. that I think is more understandable: their name—she happens to be one of So they go back and forth. What do Just from our own resources and at our my three favorite liberals—and she people remember? They remember this own consumption level, we could run mentioned: ‘‘This water is so bad it is process of hydraulic fracturing is the this country for 90 years on natural gas burning.’’ That judge showed what it culprit and is creating serious environ- at our current level of consumption was and of course made them cease mental problems. and for 60 years on oil. That is what we from doing that. What is maybe more egregious was— have. That is the answer to the prob- Remember, this is only one of the to quote Pennsylvania DEP secretary lem. It is called supply and demand. three recent high-profile instances of Michael Krancer—EPA’s ‘‘rudi- There is not a person listening now backtracking on behalf of the Agency, mentary’’ understanding of the facts who would not remember back in the after they have already scared every- and history of the region’s water: Inde- elementary school days that the supply body into thinking it is a serious prob- pendent geologists and water consult- and demand is real. But we all know he remains fully lem. ants such as Brian Oram have been Next we go into Wyoming—Pavillion, puzzled by the Agency’s rationale for committed to his cap-and-trade, global WY. Last December, EPA publicized their involvement in Dimock because warming, green energy agenda—a plan and released nonpeer-reviewed draft the substances of greatest concern by that is to severely restrict domestic de- findings which pointed to hydraulic EPA are naturally occurring and com- velopment of natural gas, oil, and coal, to drive up the price of fossil fuels so fracturing as the cause of groundwater monly found in this area of Pennsyl- their favorite forms of green energy contamination. Again, the culprit is al- vania. Yet EPA has chosen this area to can compete. It is, quite simply, a war ways hydraulic fracturing because we attack because of the presence of hy- on affordable energy—and, at that all know we can’t get any large oil and draulic fracturing. In other words, this has been going time, they weren’t afraid to admit it. gas out of tight formations without hy- Now they are backtracking a little on for years, long before hydraulic draulic fracturing. bit—such as using hydraulic fracturing Here again, the EPA stepped in over fracturing. and not saying they are opposed to oil By the way, I have to say they used the actions of the State and made a and gas. press announcement designed to cap- to attack oil and gas, but it was always Do you remember Steven Chu, the ture headlines where definitive evi- out West in the Western States. The Secretary of Energy, President dence linking the act of hydraulic frac- chair knows something about that. Obama’s man? He told the Wall Street turing to water contamination simply This is different now because we have Journal that ‘‘[s]omehow we have to didn’t exist. these huge reserves that are in places figure out a way to boost the price of The announcement came in Decem- such as New York and Pennsylvania. gasoline to levels in Europe.’’ ber, despite as late as November of 2011 All that time there has not been hy- We all know the infamous quote from EPA regional administrator James draulic fracturing, but as soon as hy- President Obama. He said that, under Martin saying the results of the last draulic fracturing came in, they said his cap-and-trade plan, ‘‘electricity round of testing in Pavillion were not this is the result of hydraulic frac- prices would necessarily skyrocket.’’ significantly different from the first turing when it has been there all the The President himself has been on two rounds of testing which showed no time. record supporting an increase in gas link between the hydraulic fracturing Of course, this is part of the strategy prices. Although, according to him, he and contamination. That is three to try to convince Americans we don’t would ‘‘have preferred a gradual ad- rounds of testing which showed no con- have the vast supply of natural re- justment’’ increasing the average fam- tamination from hydraulic fracturing. sources we clearly have. ily’s pain at the pump. But this isn’t a Yet only a few weeks later EPA an- I was redeemed by this. I have seen plan that gets you reelected. So the gas nounced the opposite. saying all along that of all the prices have skyrocketed, and with the In another reversal by the EPA in the untruths this President has been say- utter failure of Solyndra, President past few weeks, the EPA stepped back ing, the one he says more than any Obama’s dream of green energy econ- and quietly agreed to take more water other is that we only have 2 percent of omy is in shambles. We can be sure we samples and postpone a peer review of the reserves of gas and oil and we use won’t be talking about this plan to the findings, something the State of 25 percent. It is not true. I don’t want raise energy costs until after the elec- Wyoming had been requesting for quite to use the ‘‘L’’ word. I don’t want to tion. some time. get everybody mad, but it is just not I would have to say the President’s Again, the damage was done. They true. own Deputy Energy Secretary Dan didn’t do anything wrong. There was no The U.S. Geological Survey revealed Poneman last month made a state- water groundwater contamination at just a few days ago that President ment, and I appreciate it, because he all. This is hydraulic fracturing. Obama’s favorite talking point, that said we have a very strong belief that As I have mentioned so many times we only have 2 percent of the world’s the laws of supply and demand are real. before, I know a little bit about this proven oil, is less than honest. The 2 They have been saying that the laws because the first hydraulic fracturing percent the President quotes is proven of supply and demand are not real. took place in my State of Oklahoma in reserves, but he ignores our recover- Gary Becker—I quoted this the other 1949. There has never been a docu- able reserves. This is coming from the day. He is a Nobel Prize-winning econo- mented case of groundwater contami- USGS. Our recoverable reserves are mist, professor at the University of nation as a result of it. Yet this admin- some of the largest in the world. Chicago. He has said ‘‘supply and de- istration is doing everything they can According to information gleaned mand are the cause of the vast major- to destroy hydraulic fracturing. from the USGS report, America has 26 ity of large fluctuations in oil prices, Dimock, PA, is the third site of the percent of the world’s recoverable con- and it is hard to believe that specula- EPA’s recent backtracking of its pub- ventional oil reserves. That doesn’t tion has played a major role in causing licized attempts to link hydraulic frac- begin to include our enormous oil a large swing in oil prices.’’ turing to groundwater contamination. shale, tight oil and heavy oil deposits. The President tried to say it is not In this instance, the Pennsylvania De- That is just a fraction of it. But that is supply and demand. We do not need to

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.020 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2679 develop our own resources to bring United States are located on private to the television or reading newspaper down the price of gas at the pumps. It and State lands, hardly the Federal accounts about what was happening. In is speculation. Here is a Nobel Prize Government triumph that the Presi- a bipartisan way, at a time when our winner saying that just flat is not true. dent falsely attempts to take credit for Nation has tremendous deficits, we ba- The President’s budget proposal this when you put all the pieces together. sically committed to pare down spend- year alone—I want to get back to how President Obama’s election strategy ing. he has made this attempt to tax oil and is clear: Say great things about oil and What is happening with this bill, and gas out of business. The President’s gas, say great things about coal and the same thing happened with the budget proposal this year alone the virtues of domestic energy produc- highway bill that was just passed, is amounts to a $38.6 billion tax increase tion, but under the surface try hard to that people on both sides of the aisle on oil and gas companies, which would manufacture something wrong with hy- are saying: You know, the Postal Serv- hit my own State of Oklahoma where draulic fracturing. Remember, not 1 ice is very popular. Therefore, what we 70,000 people are employed in oil and cubic foot of natural gas can be re- are going to do is not worry about the gas development especially hard. His trieved in tight shale formations with- budget caps we have put in place. proposal specifically would either mod- out using hydraulic fracturing. It is hard for me to believe. I know ify or outright cancel section 199—that As I said before, that was started in there is a lot of accounting around the is the manufacturers’ tax deduction my State of Oklahoma. We are going to postal reform bill that is difficult for that is something all other manufac- make sure we are the truth squad that people to comprehend. But what is hap- turers would be able to enjoy—for the tells the truth about how we can bring pening with this bill, both the ranking intangible drilling costs, IDCs: percent- down the price of gas at the pump. It and chair continue to talk about the age depreciation, tertiary injections. gets right back to supply and demand. fact that some money came from the All of these were in his budget—not I am going to come back at a later Postal Service into the general fund just this year, not just last year, but date and give the long version of what and now is just being repaid. By the every year since his budget 4 years I have just given in the last 45 minutes, way, I agree with that. But the prob- ago—to try to tax the oil and gas com- but I see my friend from Tennessee is lem is it still increases our deficit by panies out of business. here. So I yield the floor. $11 billion, and it absolutely violates His actions have not slowed his rhet- The PRESIDING OFFICER (Mr. the agreement we put in place last Au- oric. In fact, President Obama has be- CARDIN). The Senator from Tennessee gust 2. come so desperate to run from his is recognized. The responsible way for us to deal antifossil fuel record that he ran all DEFICIT SPENDING with this is say we understand this is the way to Cushing, OK. That is my Mr. CORKER. Mr. President, I thank money that should go back to the Post- State. We have a major intersection of the Senator from Oklahoma. I actually al Service, but to live within the agree- the pipeline down there. This Presi- learned a lot sitting here listening. I ment we put in place we need to take dent, in his attack on fossil fuels, know energy production is very impor- $11 billion from someplace else. stopped the XL Pipeline that goes from tant to his State and, obviously, to our What I fear is getting ready to hap- Canada down through my State of Nation. I know he has a wealth of pen today—and I know there was a Oklahoma. He came all the way to knowledge regarding this issue. I can- budget point of order placed against Oklahoma to say: I am in support of didly enjoyed hearing his remarks, and this bill. I supported that budget point the pipeline that goes south out of I look forward to hearing the balance of order. The ranking and chair— Oklahoma into Texas. of them at another time. whom, again, I respect tremendously— Wait a minute, that is because he I am going to be very brief. I came said let’s go through this process and cannot stop it. He could only stop the down here because I am distressed see if there are some amendments that other one because it crossed the line about where we find ourselves. I want actually pare down the cost. That is from Canada to the United States. So to thank the ranking member and the not happening. So what I fear is going he came all the way to Oklahoma to chair of the Homeland Security Sub- to happen this afternoon is that in an say he was not going to stop something committee who is dealing with postal overwhelmingly bipartisan way, Con- that he could not stop anyway. reform. I thank them for working gress is going to say one more time to President Obama is trying to take through the committee process and ac- the American people: You absolutely credit for the increase in oil and gas. I tually bringing a bill to the floor in cannot trust us to deal with your have to get this out because I think so that manner, something we do not do money because we are Western politi- many people do not understand this. enough of around here. I thank them cians—Western democracies are having The increase that is taking place in for allowing us to have amendments, the same problems in Europe—and ba- production is all on private lands. It is free-for-all, as it relates to matters sically the way we get reelected is we not increasing on public lands. It is de- pertinent to this bill. I thank them for spend your money on things that you creasing on public lands, but on private their work. Personally, I would like to like without asking for any repayment lands he has no control. In the report see a lot more reforms take place in of any kind. by the nonpartisan Congressional Re- the postal bill. That is what has happened in this search Service, since 2007, quoting now There is no question we are kicking Nation for decades. That is what we are from the CRS: the can down the road, and we are seeing play out right now in Europe. About 96 percent of the [oil production] in- going to revisit this in another couple We are able to watch the movie of what crease took place on non-federal lands. of years. Because of the way the bill is is going to happen to this great Nation. According to the Obama Energy In- designed, I don’t think there is any We have politicians in this Chamber formation Administration, total fossil question that is going to happen. who have agreed to what we are going fuel sales of production from Federal But I want to speak to the fact that to spend this year and already, because lands are down since 2008—they are the world, our Nation, and all of our we have two popular bills, in a bipar- down, not up—and during a time of a citizens watched us last August as this tisan way people are saying: It doesn’t natural gas boom throughout the coun- country almost came to a halt as we matter what we agreed to. We do not try. In other words we have gone voted on a proposal to reduce the care that the biggest generational through the biggest boom on private amount of deficit spending that is tak- theft that has ever occurred in this Na- land, but he will not allow us to do it ing place in our Nation at a time when tion is continuing. We are basically on public land, and that is where these the debt ceiling was being increased. taking money from our children to tremendous reserves are. Gas sales There was a lot of drama around that. keep us in elective office by not mak- from production on Federal lands are Both sides of the aisle came together ing tough choices. down 17 percent since 2008. and established a discretionary cap on I am afraid that is what is going to Finally, according to PFC Energy, the amount of money that we would happen this afternoon on this bill. I am which is a global consulting firm spe- spend in 2012 and 2013. just coming down one more time to ap- cializing in the oil and gas industry, 93 Again, the whole world and certainly peal to people on both sides of the aisle percent of shale oil and gas wells in the most citizens in our Nation were glued who are participating in this to say:

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.022 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2680 CONGRESSIONAL RECORD — SENATE April 25, 2012 Look, we made an agreement. We made Against Women Act. That is why the I know some of my colleagues ques- this agreement just last August 2, tribal provisions in the reauthorization tion if a tribal court can provide the where we said how much money we are so important. Native women are 21⁄2 same protections to defendants that would spend, and we are violating it times more likely than other U.S. are guaranteed in a Federal or State again on this bill. What I would say is, women to be raped. One in three will be court. The bill addresses this concern. if the Postal Service is so popular, let’s sexually assaulted in their lifetimes. It It provides comprehensive protections take money from some other place that is estimated three out of five Native to all criminal defendants who are we do not consider to be the priority women will experience domestic vio- prosecuted in tribal courts whether or this is. lence in their lifetimes. Those numbers not the defendant is a Native Amer- We do not do that. Instead, what we are tragic. Those numbers tell a story ican. Defendants would essentially are doing is exactly what has happened of great human suffering, of women in have the same rights in tribal court as in Europe, what has happened here for desperate situations, desperate for sup- in State court. These include, among a long time where we have this deal, port, and too often we have failed to many others, right to counsel, to a this arrangement between politicians provide that support. speedy trial, to due process, the right of this body and citizens where we con- But the frequency of violence against against unreasonable search and sei- tinue to give them what they want, but Native women is only part of the trag- zure, double jeopardy, and self-incrimi- we will not set priorities. We will not edy. To make matters worse, many of nation. In fact, a tribe that does not ask them to pay for it. And what is these crimes go unprosecuted and provide these protections cannot pros- happening is our country is on a down- unpunished. Here is the problem: The ecute non-Indians under this provision. ward spiral. tribes have no authority to prosecute Some have also questioned whether These young pages who are sitting in non-Indians for domestic violence Congress has the authority to expand front of me are going to be paying for crimes against their Native American tribal criminal jurisdiction to cover it. It is absolute generational theft. spouses or partners within the bound- non-Indians. This issue was carefully This afternoon we are going to take an- aries of their own tribal lands. And yet considered in drafting the tribal juris- other step in that direction. I appeal to over 50 percent of Native women are diction provision. The Indian Affairs everyone: Look, if we want to pass this married to non-Indians; 76 percent of and Judiciary Committees worked postal reform bill, let’s cut $11 billion the overall population living on tribal closely with the Department of Justice some other place. That is what the lands is non-Indian. Instead, under ex- to ensure that the legislation is con- States that we represent have to do. isting law, these crimes fall exclusively stitutional. That is what the cities that we come under Federal jurisdiction. But Federal In fact, last week 50 prominent law from have to do. prosecutors have limited resources. professors sent a letter to the Senate But we will not do that here. I am They may be located hours away from and House Judiciary Committees ex- not talking about one side of the aisle tribal communities. As a result, non- pressing their ‘‘full confidence in the or the other. What I think is going to Indian perpetrators often go constitutionality of the legislation, and its necessity to protect the safety happen this afternoon is that people on unpunished. The cycle of violence con- of Native women.’’ both sides of the aisle are going to tinues and often escalates at the ex- Their letter provides a detailed anal- break trust with the American people, pense of Native American victims. ysis of the jurisdictional provision. It violate an agreement that we just put On some tribal lands the homicide concludes that ‘‘the expansion of tribal in place, and basically send a signal to rate for Native women is up to 10 times jurisdiction by Congress, as proposed in the world that they absolutely cannot the national average. But this starts Section 904 of S. 1925, is constitu- trust the Senate to live within its with small crimes, small acts of vio- tional.’’ means. We would rather do things to lence that may not rise to the atten- Mr. President, I ask unanimous con- get ourselves reelected now than save tion of the Federal prosecutor. In 2006 sent to have printed in the RECORD the this Nation for the longer term. and 2007, U.S. attorneys prosecuted letter to which I have referred. I yield the floor. only 45 misdemeanor crimes on tribal There being no objection, the mate- The PRESIDING OFFICER (Mr. lands. rial was ordered to be printed in the FRANKEN). The Senator from New Mex- For perspective, the Salt River Res- RECORD, as follows: ico is recognized. ervation in Arizona—which is a rel- CONSTITUTIONALITY OF TRIBAL GOVERNMENT Mr. UDALL of New Mexico. Mr. atively small reservation—reported PROVISIONS IN VAWA REAUTHORIZATION President, I rise today to express my more than 450 domestic violence cases APRIL 21, 2012. support for the Violence Against in 2006 alone. Those numbers are ap- Sen. PATRICK LEAHY, Women Reauthorization Act. Specifi- palling. Native women should not be Chairman, Senate Judiciary Committee, Russell cally, I want to talk about how crucial abandoned to a jurisdictional loophole. Senate Office Building, Washington, DC. the tribal provisions in this bill are for In effect, we have a prosecution-free Sen. CHARLES GRASSLEY, Native American women. For the past zone. Ranking Member, Senate Judiciary Committee, 18 years, this historic legislation has The tribal provisions in the Violence Hart Senate Office Building, Washington, helped protect women from domestic Against Women Reauthorization Act DC. violence, from sexual assault, from provide a remedy. The bill allows tribal Rep. LAMAR SMITH, courts to prosecute non-Indians in a Chairman, House Judiciary Committee, Rayburn stalking. It has strengthened the pros- House Office Building, Washington, DC. ecution of these crimes and has pro- narrow set of cases that meet the fol- Rep. JOHN CONYERS, JR., vided critical support to the victims of lowing specific conditions: The crime Ranking Member, House Judiciary Committee, these crimes. must have occurred in Indian Country; Rayburn House Office Building, Wash- It has been a bipartisan effort. Demo- it must be a domestic violence or dat- ington, DC. crats, Republicans, and law enforce- ing violence offense or a violation of a DEAR CHAIRMEN AND RANKING MEMBERS: ment officers, prosecutors, judges, protection order; and the non-Indian The signers of this letter are all law profes- health professionals—all have sup- defendant must reside in Indian Coun- sors, and we have reviewed Title IX of S. 1925, the Violence Against Women Reauthor- ported this Federal effort to protect try, be employed in Indian Country, or ization Act of 2012. We write in support of women. Why? Because it has worked. be the spouse or intimate partner of a this legislation generally and of Section 904, Since its passage in 1994, domestic vi- member of the prosecuting tribe. which deals with tribal criminal jurisdiction olence has decreased by over 50 per- This bill does not—and I emphasize over perpetrators of domestic violence, spe- cent. The victims of these crimes have does not—extend tribal jurisdiction to cifically. Our understanding is that some op- been more willing to come forward include general crimes of violence by ponents of these provisions have raised ques- knowing that they are not alone, non-Indians or crimes between two tions regarding their constitutionality. We knowing that they will get the support non-Indians or crimes between persons write to express our full confidence in the with no ties to the tribe. Nothing in constitutionality of the legislation, and in they need, knowing that crimes its necessity to protect the safety of Native against women will not be tolerated. this provision diminishes or alters the women. Unfortunately, not all women have jurisdiction of any Federal or State Violence against Native women has seen the benefits of the Violence court. reached epidemic proportions, and federal

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.023 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2681 laws force tribes to rely exclusively on far crimes on their own lands, and would not un- requirement that tribes maintain certain away federal—and in some cases, state—gov- dermine or alter the power of the states. The minimal guarantees of fairness. ernment officials to investigate and pros- same is true of Section 904, which does noth- The Violence Against Women Reauthoriza- ecute misdemeanor crimes of domestic vio- ing to diminish state or federal powers to tion Act affirms the right of habeas corpus lence committed by non-Indians against Na- prosecute. to challenge detention by an Indian tribe, tive women. As a result, many cases go DUE PROCESS CONCERNS and goes even further by requiring a federal uninvestigated and criminals walk free to court to grant a stay preventing further de- It is important to note that Section 904 of continue their violence with no repercus- tention by the tribe if there is a substantial S. 1925 does not constitute a full restoration sions. Section 904 of S. 1925 provides a con- likelihood that the habeas petition will be of all tribal criminal jurisdiction—only that stitutionally sound mechanism for address- granted. The legislation does not raise the which qualifies as ‘‘special domestic violence ing this problem. maximum sentence that can be imposed by a criminal jurisdiction.’’ So there must be an CONSTITUTIONAL CONCERNS tribal court, which is one year (unless the established intimate-partner relationship to tribal government has qualified to issue sen- Congress has the power to recognize the in- trigger the jurisdiction. Moreover, no de- tences of up to three years per offense under herent sovereignty of Indian tribal govern- fendant in tribal court will be denied Con- the Tribal Law and Order Act). ments to prosecute non-Indian perpetrators stitutional rights that would be afforded in Thus, the legislation provides ample safe- of domestic violence on reservations. While state or federal courts. Section 904 provides guards. Nothing in the legislation suggests it is true that the Supreme Court held in Oli- ample safeguards to ensure that non-Indian that a defendant in tribal court will be sub- phant v. Suquamish Indian Tribe, 435 U.S. 191 defendants in domestic violence cases re- ject to proceedings which are not consistent (1978), that tribal governments did not have ceive all rights guaranteed by the United with the United States Constitution. Indeed, criminal jurisdiction over non-Indians, that States Constitution. the legislation creates an even playing field decision was rooted in common law, not the A. NARROW RESTORATION for all perpetrators of domestic violence in Constitution, as the later Supreme Court de- The scope of the restored jurisdiction is Indian country. No person who commits an cision in United States v. Lara, 541 U.S. 193 quite narrow. First, the legislation only ap- act of violence against an intimate partner (2004), clearly indicates. plies to crimes of domestic violence and dat- will be above the law. Since the Court’s decision in Oliphant was ing violence when the victim is an Indian C. POLITICAL PARTICIPATION not based on an interpretation of the Con- and the crime occurs in Indian country. stitution, Congress maintains the authority While some have criticized tribal jurisdic- Thus, it applies to a narrow category of per- to overrule the decision through legislation. tion over nonmembers based on the inability sons who have established a marriage or inti- The Court in Oliphant said as much when it of nonmembers to participate in tribal polit- mate relationship of significant duration stated that tribal governments do not have ical processes through the ballot box, we with a tribal member. Second, for a non-In- the authority to prosecute non-Indian crimi- note that such political participation has dian to be subject to tribal court jurisdic- nals ‘‘except in a manner acceptable to Con- never been considered a necessary pre- tion, the prosecuting tribe must be able to gress.’’ 435 U.S. at 204. More proof of condition to the exercise of criminal juris- prove that a defendant: Congress’s authority to expand tribal gov- diction under the concept of due process of (1) Resides in the Indian country of the ernment jurisdiction lies in the more recent law. A few examples illustrate that point. participating tribe; 2004 Supreme Court decision in United States First, Indians were subjected to federal juris- (2) Is employed in the Indian country of v. Lara, where the Supreme Court upheld a diction under the Federal Major Crimes Act the participating tribe; or Congressional recognition of the inherent of 1885, now codified as amended at 18 U.S.C. (3) Is a spouse or intimate partner of a authority of tribal governments to prosecute 1153, almost 40 years before most of them member of the participating tribe. were made citizens or given the vote by the nonmember Indians. In other words, a defendant who has no ties In Lara, the Court analyzed the constitu- Citizenship Act of 1924. Second, due process to the tribal community would not be sub- tionality of the so-called ‘‘Duro fix’’ legisla- certainly does not prevent either the federal ject to criminal prosecution in tribal court. tion. Congress passed the Duro fix in 1991 government or the states from prosecuting Federal courts have jurisdiction to review after the Supreme Court decided Duro v. either documented or undocumented aliens such tribal jurisdiction determinations after Reina, 495 U.S. 676 (1990), which held that a for crimes committed within the United exhaustion of tribal remedies. Section 904 is tribal court does not have criminal jurisdic- States, despite the fact that neither can vote specifically tailored to address the victim- tion over a nonmember Indian, under the on the laws to which they are subjected. ization of Indian women by persons who have same reasoning as Oliphant. In response to Third, likewise, due process of law does not either married a citizen of the tribe or are this decision, Congress passed an amendment preclude criminal prosecution of corpora- dating a citizen of the tribe. This section is to the Indian Civil Rights Act recognizing tions despite the fact that corporate or other designed to ensure that persons who live or the power of tribes to exercise criminal ju- business organizations, which are considered work with tribal members are not ‘‘above risdiction within their reservations over all separate legal persons from their share- the law’’ when it comes to violent crime Indians, including nonmembers. The ‘‘Duro holders or other owners, also cannot vote on against their domestic partners. fix’’ was upheld by the Supreme Court in the laws to which such business organiza- Lara. The first part of the Court’s analysis B. CIVIL RIGHTS tions are subjected. In short, there simply is determined that in passing the Duro fix, The Indian Civil Rights Act (ICRA) already no widely applicable due-process doctrine Congress had recognized the inherent powers requires tribal governments to provide all that makes political participation a nec- of tribal governments, not delegated federal rights accorded to defendants in state and essary precondition for the exercise of crimi- powers. 541 U.S. at 193. The Court then held federal court, including core rights such as nal jurisdiction. that Congress did indeed have the authority the Fourth Amendment right to be secure CONCLUSION to expand tribal criminal jurisdiction. Id. at from unreasonable searches and seizures, and In conclusion, the signers of this letter 200. the Fifth Amendment privilege against self- urge Congress to enact the VAWA Reauthor- In Lara, the Court plainly held, based on incrimination. 25 U.S.C. 1301–1303. There is ization and fully include the tribal jurisdic- several considerations, that ‘‘Congress does no question that federal courts have author- tional provisions necessary for protecting possess the constitutional power to lift the ity to review tribal court decisions which re- the safety of Native women. Public safety in restrictions on the tribes’ criminal jurisdic- sult in incarceration, and they have the au- Indian country is a primary responsibility of tion.’’ Id. The Court relied on Congress’s ple- thority to review whether a defendant has Congress, the solution is narrowly tailored nary power and a discussion of the pre-con- been accorded the rights required by ICRA. to address significant concerns relating to stitutional (historical) relationship with See Santa Clara Pueblo v. Martinez, 436 U.S. domestic violence in Indian country, and the tribes, focusing on foreign policy and mili- 49 (1978). legislation is unquestionably constitutional tary relations. The Court in Lara held that Section 904 of the Violence Against Women and within the power of Congress. ‘‘the Constitution’s ‘plenary’ grants of Reauthorization Act re-emphasizes and rein- Sincerely, power’’ authorize Congress ‘‘to enact legisla- forces the protections afforded under ICRA. Kevin Washburn, Dean and Professor of tion that both restricts and, in turn, relaxes It requires that tribal courts provide ‘‘all Law, University of New Mexico School of those restrictions on tribal sovereign author- other rights’’ that Congress finds necessary Law; Erwin Chemerinsky, Dean and Distin- ity.’’ Id. at 202. The Court noted that Con- in order to affirm the inherent power of a guished Professor of Law, University of Cali- gress has consistently possessed the author- participating tribe. Tribal governments are fornia Irvine School of Law; Stacy Leeds, ity to determine the status and powers of already providing the due-process provisions Dean and Professor of Law, University of Ar- tribal governments and that this authority in cases involving non-Indians in civil cases. kansas School of Law; Carole E. Goldberg, was rooted in the Constitution. So the deci- Empirical studies have demonstrated that Vice Chancellor, Jonathan D. Varat Distin- sion in Lara shows clearly that the expan- tribal courts have been even-handed and fair guished Professor of Law, UCLA School of sion of tribal jurisdiction by Congress, as in dispensing justice when non-Indian de- Law; Robert N. Clinton, Foundation Pro- proposed in Section 904 of S. 1925, is constitu- fendants appear in court in civil matters. fessor of Law, Sandra Day O’Connor College tional. Section 904 provides ample protection for of Law, Arizona State University; Matthew The Lara majority also recognized that the any non-Indian subject to the special domes- L.M. Fletcher, Professor of Law, Michigan Duro fix was limited legislation allowing for tic violence prosecution. The special domes- State University College of Law; Frank an impact only on tribes’ ability to control tic violence jurisdiction is conditioned on a Pommersheim, Professor of Law, University

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.002 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2682 CONGRESSIONAL RECORD — SENATE April 25, 2012 of South Dakota School of Law; Rebecca this bill, and I am willing to work with lence against Native women and also Tsosie, Professor of Law, Sandra Day O’Con- any Senator who may have concerns by allowing Federal prosecutors to nor College of Law, Arizona State Univer- about these provisions. Native Amer- seek tougher sentences for perpetrators sity; Richard Monette, Associate Professor ican law can be daunting, but I want to who strangle or suffocate their spouses of Law, University of Wisconsin School of Law; John LaVelle, Professor of Law, Uni- stress how much effort, research, and or partners. versity of New Mexico School of Law. consultation went into drafting the All of these provisions are about jus- G. William Rice, Associate Professor of tribal provisions in the Violence tice. Right now Native women don’t Law, University of Tulsa College of Law; Ju- Against Women Act. Title 9 is taken get the justice they deserve, but these dith Royster, Professor of Law, University of almost entirely from S. 1763, the Stand are strong women. They rightly de- Tulsa College of Law; Angelique Townsend Against Violence and Empower Native mand to be heard. They have identified EagleWoman, (Wambdi A. WasteWin), Asso- Women Act, the SAVE Native Women a desperate need and support logical ciate Professor of Law, University of Idaho and effective solutions. That is why College of Law; Gloria Valencia-Weber, Pro- Act. This bill was passed on a Depart- fessor of Law, University of New Mexico ment of Justice proposal submitted to Native women and tribal leaders across School of Law; Robert T. Anderson, Pro- Congress last July. That proposal was the Nation support the Violence fessor of Law, University of Washington the product of extensive multiyear con- Against Women Reauthorization Act School of Law; Bethany Berger, Professor of sultations with tribal leaders about and the proposed tribal provisions. Let Law, University of Connecticut School of public safety generally and violence us work with these women to create as Law; Michael C. Blumm, Professor of Law, against women specifically. It builds many tools as possible for confronting Lewis and Clark Law School; Debra L. on the foundation laid by the Tribal domestic violence. Donahue, Professor of Law, University of There are far too many stories of des- Wyoming College of Law; Allison M. Dussias, Law and Order Act of 2010. Professor of Law, New England Law School; The SAVE Native Women Act was peration that illustrate why the provi- Ann Laquer Estin, Aliber Family Chair in cleared by the Indian Affairs Com- sions protecting Native women are in Law, University of Iowa College of Law. mittee in a unanimous voice vote. The this bill, and I want to share one story Marie A. Fallinger, Professor of Law, Presiding Officer serves on that com- now. This is the story of a young Na- Hamline University School of Law; Placido mittee and knows that this is a com- tive American woman married to a Gomez, Professor of Law, Phoenix School of mittee—the Senate Indian Affairs non-Indian. He began abusing her 2 Law; Lorie Graham, Professor of Law, Suf- Committee—that works in a bipartisan days after their wedding. They lived on folk University Law School; James M. Gri- jalva, Friedman Professor of Law, University way. This passed by a unanimous voice her reservation. In great danger, she of North Dakota School of Law; Douglas R. vote through the Senate Indian Affairs filed for an order of protection as well Heidenreich, Professor of Law, William Committee. as a divorce within the first year of Mitchell College of Law; Taiawagi Helton, Shortly thereafter, its core provi- marriage. The brutality only increased. Professor of Law, The University of Okla- sions were again vetted and incor- It ended with the woman’s abuser homa College of Law; Ann Juliano, Professor porated in the Judiciary Committee’s going to her place of work—which was of Law, Villanova University School of Law; Violence Against Women Act Reau- located on the reservation—and at- Vicki J. Limas, Professor of Law, The Uni- thorization as title 9. In short, the tempting to kill her with a gun. A co- versity of Tulsa College of Law; Aliza Safety for Indian Women title has been Organick, Professor of Law & Co-Director, worker, trying to protect her, took the Clinical Law Program, Washburn University vetted extensively and enjoys wide and bullet. Before that awful day, this School of Law; Ezra Rosser, Associate Pro- bipartisan support. The tribal provi- young woman had nowhere to turn for fessor of Law, American University Wash- sions in this bill are fundamentally help. She said: ington College of Law. about fairness and clarity and afford- After a year of abuse and more than 100 in- Melissa L. Tatum, Professor of Law, Uni- ing Native women the protections they cidents of being slapped, kicked, punched versity of Arizona James E. Rogers College deserve. and living in horrific terror, I left for good. of Law; Gerald Torres, Bryant Smith Chair, As a former Federal prosecutor and During the year of marriage I lived in con- University of Texas at Austin Visiting Pro- attorney general of a State with a stant fear of attack. I called many times for fessor of Law Yale Law School; Bryan H. help, but no one could help me. Wildenthal, Professor of Law, Thomas Jef- large Native American population, I ferson School of Law; Sarah Deer, Associate know firsthand how difficult the juris- The tribal police did not have juris- Professor, William Mitchell College of Law; dictional maze can be for tribal com- diction over the daily abuse because Patty Ferguson-Bohnee, Associate Clinical munities. One result of this maze is un- the abuser was a non-Indian. The Fed- Professor of Law, ASU Sandra Day O’Connor checked crime. Personnel and funding eral Government had jurisdiction but College of Law; Julia L. Ernst, Assistant run thin, distance is a major prohibi- chose not to exercise it because the Professor of Law, University of North Da- tive factor, and the violence goes abuse was only misdemeanor level kota School of Law; Mary Jo B. Hunter, unpunished. Title 9 will create a local prior to the attempted murder. The Clinical Professor, Hamline University State did not have jurisdiction because School of Law; Kristen Matoy Carlson, As- solution for a local problem by allow- sistant Professor, Wayne State University ing tribes to prosecute the crime occur- the abuse was on tribal land and the Law School; Tonya Kowalski, Associate Pro- ring in their own communities. They victim was Native American. fessor of Law, Washburn University School will be equipped to stop the escalation Her abuser, at one point after an in- of Law. of domestic violence. Tribes have al- cident of abuse, actually called the Suzianne D. Painter-Thorne, Associate ready proven to be effective in com- county sheriff himself to prove that he Professor of Law, Mercer University School bating crimes of domestic violence was untouchable. The deputy sheriff of Law; Tim W. Pleasant, Professor of Law, committed by Native Americans. came to the home on tribal land but Concord Law School of Kaplan University; Let me reiterate this very important left saying he did not have jurisdiction. Justin B. Richland, JD, PhD, Associate Pro- fessor of Anthropology, University of Chi- point: Without an act of Congress, This is just one of the daily, even hour- cago; Keith Richotte, Assistant Professor of tribes cannot prosecute a non-Indian ly, stories of abuse, stories that should Law, University of North Dakota School of even if he lives on the reservation, even outrage us all. These stories could end Law; Colette Routel, Associate Professor, if he is married to a tribal member. through local intervention and local William Mitchell College of Law; Steve Rus- Without this act of Congress, tribes authority that will only be made pos- sell, Associate Professor Emeritus, Indiana will continue to lack authority to pro- sible through an act of Congress. We University, Bloomington; Marren Sanders, tect the women who are members of have the opportunity to support such Assistant Professor of Law, Phoenix School their own tribes. With this bill, we can an act in the tribal provisions of of Law; Maylinn Smith, Associate Professor, University of Montana School of Law; Ann close a dark and desperate loophole in VAWA. E. Tweedy, Assistant Professor, Hamline criminal jurisdiction. I encourage my colleagues to fully University School of Law; Cristina M. Finch, Beyond extending the jurisdiction of support the tribal provisions in this Adjunct Professor, George Mason University tribes within specific constraints, the very important bill. School of Law; John E. Jacobson, Adjunct bill will also promote other efforts to I note the absence of a quorum. Professor, William Mitchell College of Law. protect Native women from an epi- The PRESIDING OFFICER. The Mr. UDALL of New Mexico. Mr. demic of domestic violence by increas- clerk will call the roll. President, I respect my colleagues’ ing grants for tribal programs to ad- The legislative clerk proceeded to concerns about the tribal provisions of dress violence and for research on vio- call the roll.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.005 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2683 Mrs. SHAHEEN. Mr. President, I ask transportation investments across the reading of the amendment be dispensed unanimous consent that the order for country will make possible. We know with. the quorum call be rescinded. that projects such as Interstate 93 Mr. CARDIN. Without objection, it is The PRESIDING OFFICER (Mr. produce good jobs. New Hampshire’s so ordered. UDALL of New Mexico.) Without objec- Department of Transportation said The amendment is as follows: tion, it is so ordered. that work on just one section of the (Purpose: To require reporting regarding SURFACE TRANSPORTATION ACT highway—just one section, between retirement processing and modernization) Mrs. SHAHEEN. Mr. President, 42 exits 2 and 3—created 369 construction At the appropriate place, insert the fol- days ago—that is more than 1,000 jobs. And all around the country we lowing: hours—42 days ago, 74 Senators from have projects like Interstate 93 that SEC. ll. RETIREMENT REPORTING. (a) TIMELINESS AND PENDING APPLICA- this Chamber voted to pass a badly are waiting on Congress to complete TIONS.—Not later than 60 days after the date needed, long-term transportation bill. this effort. of enactment of this Act, and every month At that time, I joined many of my col- For every billion dollars we spend in thereafter, the Director of the Office of Per- leagues from both sides of the aisle to infrastructure investment, it creates sonnel Management shall submit to Con- call on the House to consider the Sen- 27,000 jobs. It should not be so hard to gress, the Comptroller General of the United States, and issue publicly (including on the ate’s bill or a similar bipartisan bill get this done. If BARBARA BOXER and website of the Office of Personnel Manage- that would provide highway and tran- JIM INHOFE can agree on legislation, ment) a report that— sit programs with level funding for at then the House ought to be able to (1) evaluates the timeliness, completeness, least 2 years. agree on legislation. Cities and busi- and accuracy of information submitted by While the House has not yet passed a nesses need the certainty as we get to the Postal Service relating to employees of long-term bill, I am pleased that they the new construction season. And the the Postal Service who are retiring, as com- voted to go to conference with the Sen- longer the House waits to appoint con- pared with such information submitted by ate. That means we are one step closer ferees, the harder it will be for Con- agencies (as defined under section 551 of title to finally having legislation in place gress to pass a long-term bill. 5, United States Code); and that would support nearly 2 million (2) includes— I urge the House to swiftly appoint (A) the total number of applications for re- jobs—about 6,600 of those in New representatives to negotiate with the tirement benefits for employees of the Post- Hampshire—and a bill that would Senate so that we can come together al Service that are pending action by the Of- maintain current funding levels, which and make the Federal investments nec- fice of Personnel Management; and would avoid an increase in both the essary to get transportation projects (B) the number of months each such appli- deficit and gas taxes. I urge the House moving and get people back to work. cation has been pending. and the Speaker to immediately ap- I yield the floor, and I suggest the ab- (b) ELECTRONIC DATA TIMETABLE.— point conferees so we can continue (1) IN GENERAL.—Not later than 60 days sence of a quorum. after the date of enactment of this Act, the moving forward and finally pass a long- The PRESIDING OFFICER. The Office of Personnel Management shall sub- term transportation bill. We cannot clerk will call the roll. mit to Congress and the Comptroller General wait any longer. Mr. President, 937 The assistant legislative clerk pro- of the United States a timetable for comple- days have passed since our last Federal ceeded to call the roll. tion of each component of a retirement sys- Transportation bill expired. If you are Mr. LIEBERMAN. Mr. President, I tems modernization project of the Office of counting, that is 2 years, 6 months, and ask unanimous consent that the order Personnel Management, including all data 27 days. for the quorum call be rescinded. elements required for accurate completion of If the House does not join the Senate The PRESIDING OFFICER (Mr. adjudication and the date by which elec- and support a reasonable bipartisan tronic transmission of all personnel data to CARDIN). Without objection, it is so or- the Office of Personnel Management by the transportation bill that is paid for, dered. Postal Service shall commence. States and towns will not have the cer- f (2) TIMETABLE CONSIDERATIONS.—In pro- tainty they need from Washington to viding a timetable for the commencing of plan their projects and improve their 21ST CENTURY POSTAL SERVICE the electronic transmission of all personnel transportation infrastructure. ACT data by the Postal Service under paragraph According to numerous studies, dete- The PRESIDING OFFICER. Under (1), the Office of Personnel Management riorating infrastructure—the high- the previous order, the Senate will re- shall consider the milestones established by ways, the railroads, the transit sys- sume consideration of S. 1789, which other payroll processors participating in the retirement systems modernization project of tems, the bridges that knit our econ- the clerk will report. the Office of Personnel Management. omy together—cost businesses more The bill clerk read as follows: Mr. LIEBERMAN. Mr. President, I than $100 billion a year in lost produc- A bill (S. 1789) to improve, sustain, and thank all our colleagues. We have tivity. That is because we are not mak- transform the United States Postal Service. made good bipartisan progress on a bi- ing the investments we need to make. Pending: partisan bill that I think will go a long And this is no time to further stall pro- Reid (for Lieberman) modified amendment way toward solving the current crisis grams that encourage economic growth No. 2000, in the nature of a substitute. situation in our U.S. Postal Service. and create the climate for businesses The PRESIDING OFFICER. The Sen- We have several amendments remain- to succeed. ator from Connecticut. ing, approximately nine rollcall In New Hampshire, we very directly AMENDMENT NO. 2071, AS MODIFIED votes—hopefully fewer as this goes experience the consequences of this un- on—and a number of other amend- Mr. LIEBERMAN. Mr. President, on certainty. The main artery that runs ments that we hope will be considered behalf of Senator WARNER, I ask unani- north and south in New Hampshire, by a voice vote and perhaps even, in mous consent to call up the Warner Interstate 93, is congested. Currently, the wisdom of the sponsor, withdrawn. amendment No. 2071, with a modifica- we have a project underway that would At least I look at the occupant of the reduce that congestion on our State’s tion that is at the desk, and I ask that chair, and I know he is a man who is most important highway. It would cre- it to be considered in the original order very wise, and I thank him. ate jobs. It would spur economic devel- of the previous agreement. Mr. President, in the normal order, opment. The PRESIDING OFFICER. Is there Senator MANCHIN of West Virginia is Although this project has been un- objection? next up. derway for several years, the pace of Without objection, it is so ordered. I yield the floor. the project has slowed dramatically be- The clerk will report the amendment, The PRESIDING OFFICER. The Sen- cause we do not have a transportation as modified. ator from West Virginia is recognized. bill in place. Businesses and developers The bill clerk read as follows: AMENDMENT NO. 2079 along the I–93 corridor cannot hire The Senator from Connecticut [Mr. LIE- Mr. MANCHIN. Mr. President, on be- workers or invest for the future while BERMAN], for Senator WARNER, proposes an half of my cosponsors, Senator ROCKE- the project remains uncertain. amendment numbered 2071, as modified. FELLER, Senator MIKULSKI, and Senator We need to act now to unleash the Mr. LIEBERMAN. Mr. President, I MERKLEY, I call up amendment No. economic growth this project and ask unanimous consent that further 2079.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.039 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2684 CONGRESSIONAL RECORD — SENATE April 25, 2012 The PRESIDING OFFICER. The with these post offices. They have NAYS—53 clerk will report. nothing else. Their towns have just Alexander Crapo Moran The bill clerk read as follows: about gone away except for that con- Ayotte DeMint Murkowski Bennet Franken The Senator from West Virginia [Mr. nection. And I am asking basically for Murray Bingaman Graham Paul MANCHIN], for himself, Mr. ROCKEFELLER, Ms. my colleagues to consider keeping Blunt Grassley Portman MIKULSKI, and Mr. MERKLEY, proposes an these lifelines. Let us work and give us Boozman Hoeven Risch amendment numbered 2079. the 2-year period we need. Brown (MA) Hutchison Roberts Mr. MANCHIN. Mr. President, I ask Burr Inhofe Rubio The PRESIDING OFFICER. The Sen- Cantwell Isakson Sessions unanimous consent that further read- ator from Connecticut. Carper Johanns Shelby ing of the amendment be dispensed Coats Johnson (WI) Mr. LIEBERMAN. Mr. President, re- Snowe with. Coburn Klobuchar spectfully to my dear friend from West Cochran Kyl Thune The PRESIDING OFFICER. Without Virginia, I am going to oppose this Collins Lee Toomey objection, it is so ordered. amendment, and let me put it in this Conrad Lieberman Udall (CO) The amendment is as follows: Coons Lugar Vitter context. The U.S. Postal Service is in Warner (Purpose: To extend the moratorium on the Corker McCain trouble. It is losing about $23 million Cornyn McConnell Webb closing and consolidation of postal facili- or $24 million on the average every ties or post offices, station, or branches) NOT VOTING—4 day, more than $13 billion in the last 2 At the appropriate place, insert the fol- years. It is not going to survive if the Chambliss Hatch lowing: Feinstein Kirk status quo prevails. It needs to change. SEC. ll. MORATORIUM ON CLOSING AND CON- The PRESIDING OFFICER. Under SOLIDATING POSTAL FACILITIES OR This bill provides for change but in a POST OFFICES, STATIONS, OR way that we think is balanced and rea- the previous order requiring 60 votes BRANCHES. sonable. My friend from West Virginia for the adoption of this amendment, (a) DEFINITION.—In this section, the term has introduced an amendment that the amendment is rejected. ‘‘postal facility’’ has the same meaning as in would prohibit all change for the next Mr. LIEBERMAN. Mr. President, I section 404(f) of title 39, United States Code, move to reconsider the vote and to lay as added by this Act. 2 years and therefore I think open the way for a kind of death spiral for the that motion on the table. (b) MORATORIUM.—Notwithstanding section The motion to lay on the table was 404 of title 39, United States Code, as amend- U.S. Postal Service. agreed to. ed by this Act, or any other provision of law, There are many protections in our Mr. LIEBERMAN. Mr. President, the Postal Service may not close or consoli- bill before a post office could be closed, next on the list is Senator PAUL’s date a postal facility or post office, station, even more or just as many before a amendment No. 2026. or branch, except as required for the imme- mail-processing facility could be diate protection of health and safety, before The PRESIDING OFFICER. The Sen- closed. We added more protections yes- the later of— ator from Kentucky. terday with the McCaskill-Merkley and (1) the date on which the Postal Service es- Mr. PAUL. Mr. President, at a time the Tester-Levin amendments, but tablishes the retail service standards under when America’s infrastructure is crum- they allow change because without section 203 of this Act; and bling, at a time when the Postal Serv- (2) the date that is 2 years after the date of change this Postal Service of ours will ice is losing $4 billion a year, does it enactment of this Act. die. make sense to send $2 billion to Egypt? (c) CONFORMING PROVISION.—Section 205(b) The PRESIDING OFFICER. All time Does it make sense to borrow money of this Act shall have no force or effect. has expired. from China to send it to Egypt? At a The PRESIDING OFFICER. The Sen- Mr. MANCHIN. Mr. President, I ask time when American citizens are being ator from West Virginia is recognized for the yeas and nays. prosecuted in Egypt, at a time when for 1 minute. The PRESIDING OFFICER. Is there a Mr. MANCHIN. Mr. President and all American citizens are having inter- sufficient second? national warrants sworn out on their of my colleagues here, this amendment There appears to be a sufficient sec- is the only one that will give us a arrests by Egypt, does it make sense to ond. send $2 billion to Egypt? chance to save, truly, the American The question is on agreeing to the Postal Service. It is the only one. It is Last week I met with a young pro- amendment. democracy worker from Egypt. She is a 2-year prohibition against closing The clerk will call the roll. any of our post offices and postal serv- afraid to return home. She is afraid she The assistant bill clerk called the will never see her children again. She ices. roll. A lot of good things have been done is afraid of the cage they will put her Mr. KYL. The following Senators are and a lot of amendments have been in to prosecute her for political crimes. necessarily absent: the Senator from made already that nibble around the She fears that the Egyptian freedom Georgia (Mr. CHAMBLISS), the Senator edges. This is the only amendment that movement will die in its infancy. from Utah (Mr. HATCH), and the Sen- basically says: For a 2-year period, you So I ask—for as long as prodemoc- ator from Illinois (Mr. KIRK). have to sit down and restructure this. racy workers are being prosecuted, Mr. DURBIN. I announce that the Now, $200 million is what they are American and Egyptian—I ask unani- Senator from California (Ms. FEIN- talking about. I can go in many dif- mous consent to call up amendment STEIN) is necessarily absent. ferent directions with this, but that is No. 2023 and that it be voted on. 1 day in Afghanistan. The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Is there This is what the little State of West any other Senators in the Chamber de- objection? Virginia will lose: 150 post offices. siring to vote? The Senator from Connecticut. They are saying: Well, we have a 1- The result was announced—yeas 43, Mr. LIEBERMAN. I object on the year moratorium. We can restructure nays 53, as follows: same grounds we discussed earlier in this and show where the savings should [Rollcall Vote No. 77 Leg.] this debate. It is irrelevant to the sub- be. YEAS—43 ject matter of the Postal Service. I have a lot of different ideas on Akaka Inouye Pryor Mr. PAUL. Mr. President, I ask unan- where the savings can be, but I can tell Barrasso Johnson (SD) Reed imous consent to not offer my amend- you right now that we can start with Baucus Kerry Reid ment No. 2026, and I yield back. Begich Kohl Rockefeller The PRESIDING OFFICER. The Sen- former Postmaster General Potter, Blumenthal Landrieu Sanders who earned $501,000. That is more than Boxer Lautenberg Schumer ator has that right. the President of the United States. Brown (OH) Leahy Shaheen Mr. LIEBERMAN. I thank my friend Cardin Levin Stabenow from Kentucky. There are a lot of savings at the top Casey Manchin Tester end of this. But we could save these. Durbin McCaskill AMENDMENT NO. 2076 Udall (NM) Enzi Menendez If you take these lifelines away—and Whitehouse Mr. BINGAMAN. Mr. President, I call this is all that people have. They get Gillibrand Merkley up amendment No. 2076. Hagan Mikulski Wicker their medicine and they get everything Harkin Nelson (NE) Wyden The PRESIDING OFFICER. The they do and depend on their lifelines Heller Nelson (FL) clerk will report.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.041 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2685 The assistant bill clerk read as fol- (1) IN GENERAL.—The Postal Service shall can continue overnight delivery in lows: not maintain or operate more than 1 post of- most of our country by keeping open fice in the United States Capitol Complex, as The Senator from New Mexico [Mr. BINGA- processing centers that are necessary. defined in section 310(a)(3)(B) of the Legisla- MAN] proposes an amendment numbered 2076. The underlying substitute that Senator tive Branch Appropriations Act, 1990 (2 Mr. BINGAMAN. Mr. President, I ask U.S.C. 130e(a)(3)(B)), which shall be located LIEBERMAN, Senator COLLINS, Senator unanimous consent that the reading of in a House Office Building. CARPER, and Senator BROWN brought the amendment be dispensed with. (2) CLOSING OF CAPITOL POST OFFICES.—The forward accomplishes that goal. I don’t The PRESIDING OFFICER. Without Postal Service shall close any post office in believe this amendment is necessary. objection, it is so ordered. the United States Capitol Complex, as de- For that reason, I will not offer the The amendment is as follows: fined in section 310(a)(3)(B) of the Legislative amendment. Branch Appropriations Act, 1990 (2 U.S.C. (Purpose: To require that State liaisons for Mr. LIEBERMAN. Mr. President, I 130e(a)(3)(B)), not permitted under this sub- States without a district office are located thank my friend from Maryland for section, without regard to the requirements within their respective States) under section 404(d) of title 39, United States moving expeditiously. I hope it will On page 48, line 2, after ‘‘State.’’ insert the Code. continue. following: ‘‘An employee designated under (b) SENATE.— Next is Senator PAUL’s amendment this subsection to represent the needs of (1) IN GENERAL.—The Sergeant at Arms and No. 2028. Postal Service customers in a State shall be Doorkeeper of the Senate may not enter The PRESIDING OFFICER. The Sen- located in that State.’’. into, modify, or renew a contract with the ator from Kentucky. Mr. BINGAMAN. Mr. President, this Postal Service to maintain or operate more AMENDMENT NO. 2028 amendment is cosponsored by my col- than 1 post office in a Senate Office Build- ing. Mr. PAUL. Mr. President, I ask unan- league, Senator UDALL, and would re- imous consent to call up amendment quire State liaisons for States that do (2) EXISTING CONTRACTS.—Nothing in para- graph (1) may be construed to affect a con- No. 2028. not have district offices in them to be tract entered into by the Sergeant at Arms The assistant bill clerk read as fol- located within the States they rep- and Doorkeeper of the Senate and the Postal lows: resent. This is a commonsense amend- Service before the date of enactment of this The Senator from Kentucky [Mr. PAUL] ment. There are 10 States that will not Act. proposes an amendment numbered 2028. have district offices in them. As cur- The PRESIDING OFFICER. The Sen- Mr. PAUL. Mr. President, I ask unan- rently contemplated, they are operated ator is recognized for 1 minute. imous consent that the reading of the out of district offices in adjacent Mr. PAUL. Mr. President, at a time amendment be dispensed with. States. when we are asking post offices and The PRESIDING OFFICER. Without The substitute amendment would re- people around our country to suffer the objection, it is so ordered. quire the Postal Service to designate loss of their local post office, I think The amendment is as follows: at least one employee to be a State li- the very least we can do is show we are (Purpose: To establish a pilot program to aison, and this amendment I am offer- willing to give up some of the post of- test alternative methods for the delivery of ing says that person must be located fices around here. We have seven post postal services) within the State they represent. offices in the Capitol. We have a post At the appropriate place, insert the fol- I ask all my colleagues to support office in almost every building. I am lowing: this. I don’t see any basis for objection asking that we have one on the House SEC. ll. PILOT PROGRAM TO TEST ALTER- to it. side and one on the Senate side. If we NATIVE METHODS FOR THE DELIV- ERY OF POSTAL SERVICES. The PRESIDING OFFICER. The Sen- are asking people to suffer the loss of (a) DEFINITION.—In this section, the term ator from Connecticut. their post offices in their States, I Mr. LIEBERMAN. Mr. President, this ‘‘review board’’ means a postal performance think the very least we can do is do review board established under subsection is an excellent and thoughtful amend- without a few post offices here, and I (c)(2). ment introduced by the Senator from hope my colleagues will support this (b) PILOT PROGRAM.— New Mexico, and I am glad to support amendment. (1) IN GENERAL.—The United States Postal it. I urge that it be accepted by voice The PRESIDING OFFICER (Mr. Service may conduct a pilot program to test the feasibility and desirability of alternative vote. BLUMENTHAL). The Senator from methods for the delivery of postal services. The PRESIDING OFFICER. All time Maine. is yielded back. Subject to the provisions of this section, the Ms. COLLINS. Mr. President, this is pilot program shall not be limited by any The question is on agreeing to the a commonsense amendment. It would amendment. lack of specific authority under title 39, limit the number of post offices in the United States Code, to take any action con- The amendment (No. 2076) was agreed Capitol Complex to one on each side— templated under the pilot program. to. one in the House and one in the Senate. (2) WAIVERS.— AMENDMENT NO. 2027 It does not affect the processing of (A) IN GENERAL.—The Postal Service may Mr. LIEBERMAN. Mr. President, mail out of the Capitol, and I believe waive any provision of law, rule, or regula- next is the amendment offered by Sen- we should accept the amendment. tion inconsistent with any action con- templated under the pilot program. ator PAUL, amendment No. 2027. I urge that we accept the amendment The PRESIDING OFFICER. The Sen- (B) CONTENT.—A waiver granted by the by a voice vote. Postal Service under subparagraph (A) may ator from Kentucky. The PRESIDING OFFICER. If there include a waiver of requirements relating Mr. PAUL. Mr. President, I ask unan- is no further debate, the question is on to— imous to call up amendment No. 2027. agreeing to the amendment. (i) days of mail delivery; The PRESIDING OFFICER. The The amendment (No. 2027) was agreed (ii) the use of cluster-boxes; clerk will report. to. (iii) alternative uses of mailboxes; and The assistant bill clerk read as fol- Mr. LIEBERMAN. Mr. President, I (iv) potential customer charges for daily lows: move to reconsider the vote, and I at-home delivery. (C) REGULATIONS AND CONSULTATION.—The The Senator from Kentucky [Mr. PAUL] move to lay that motion on the table. Postal Service shall issue any waiver under proposes an amendment numbered 2027. The motion to lay on the table was subparagraph (A)— Mr. PAUL. Mr. President, I ask unan- agreed to. (i) in accordance with regulations under imous consent that the reading of the Mr. LIEBERMAN. Mr. President, subsection (h); and amendment be dispensed with. next on the list is Senator CARDIN’s (ii) with respect to a waiver involving a The PRESIDING OFFICER. Without amendment No. 2040, which I under- provision of title 18, United States Code, in objection, it is so ordered. stand he will withdraw. consultation with the Attorney General. The amendment is as follows: The PRESIDING OFFICER. The Sen- (c) REQUIREMENTS.— (1) IN GENERAL.— (Purpose: To require the closing of post ator from Maryland. (A) APPLICATION.—Under the pilot pro- offices in the Capitol Complex) Mr. CARDIN. Mr. President, I am gram, alternative methods for the delivery of At the end of title II, insert the following: going to withdraw the amendment. Let postal services may be tested only in a com- SEC. ll. CAPITOL COMPLEX POST OFFICES. me point out that this amendment was munity that submits an appropriate applica- (a) HOUSE OF REPRESENTATIVES.— offered in an effort to make sure we tion (together with a written plan)—

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(i) in such time, form, and manner as the (d) LIMITATION ON APPLICATIONS.— (B) EXTENSIONS.— Postal Service by regulation requires; and (1) IN GENERAL.—Except as provided under (i) IN GENERAL.—The Postmaster General (ii) that is approved by the Postal Service. paragraph (2), no more than 250 applications may extend the authority to conduct the (B) CONTENTS.—Any application under this may be approved for participation in the pilot program under this section, if before paragraph shall include— pilot program under this section at any 1 the date that the authority to conduct the (i) a description of the postal services that time. pilot program would otherwise terminate, would be affected; (2) INCREASED LIMITATION.—If more than 250 the Postmaster General submits a notice of (ii) the alternative providers selected and applications for participation in the pilot extension to Congress that includes— the postal services each would furnish (or program are filed during the 90-day period (I) the term of the extension; and the manner in which those decisions would beginning on the date of enactment of this (II) the reasons that the extension is in the be made); Act, no more than 500 applications may be best interests of the public or the Govern- (iii) the anticipated costs and benefits to approved for participation in the pilot pro- ment of the United States. the Postal Service and users of the mail; gram under this section at any 1 time. (ii) MULTIPLE EXTENSIONS.—The Post- (iv) the anticipated duration of the partici- (e) TERMINATION OF COMMUNITY PARTICIPA- master General may provide for more than 1 pation of the community in the pilot pro- TION.—Subject to such conditions as the extension under this subparagraph. gram; Postal Service may by regulation prescribe The PRESIDING OFFICER. The Sen- (v) a specific description of any actions and the terms of any written agreement or contemplated for which there is a lack of contract entered into in conformance with ator is recognized for 1 minute. specific authority or for which a waiver such regulations, the participation of a com- Mr. PAUL. Mr. President, this under subsection (b)(2) would be necessary; munity in the pilot program may be termi- amendment would allow a pilot pro- and nated by the Postal Service or by the review gram for local postal autonomy. One of (vi) any other information as the Postal board for that community if the Postal Serv- the complaints I heard from post- Service may require. ice or the review board determines that the masters when they came to talk to me (2) REVIEW BOARDS.— continued participation of the community is about this bill is that they think there (A) IN GENERAL.—Under the pilot program, not in the best interests of the public or the is a lot of middle management in the a postmaster within a community may, in Government of the United States. accordance with regulations prescribed by (f) EVALUATIONS.— Postal Service making unwise deci- the Postal Service, establish a postal per- (1) IN GENERAL.—The Postal Service shall sions, and if they were given more au- formance review board. evaluate the operation of the pilot program tonomy at the local level to make deci- (B) FUNCTIONS.—A review board shall— within each community that participates in sions about their post offices, they (i) submit any application under paragraph the pilot program. would have the ability to have cost- (1) on behalf of the community that the re- (2) CONTENTS.—An evaluation under this saving measures to try to save the post view board represents; and subsection shall include an examination, as office for their local community. I (ii) carry out the plan on the basis of which applicable, of— think this makes sense. I think we any application with respect to that commu- (A) the reliability of mail delivery (includ- nity is approved. ing the rate of misdeliveries) in the commu- would have more innovation and get (C) MEMBERSHIP.—A review board shall nity; some useful ideas from our local post- consist of— (B) the timeliness of mail delivery (includ- masters. (i) the postmaster for the community (or, ing the time of day that mail is delivered I yield back the remainder of my if there is more than 1, the postmaster des- and the time elapsing from the postmarking time. ignated in accordance with regulations under to delivery of mail) in the community; The PRESIDING OFFICER. The Sen- subsection (h)); (C) the volume of mail delivered in the ator from Connecticut. (ii) at least 1 individual who shall rep- community; and Mr. LIEBERMAN. Mr. President, I resent the interests of business concerns; and (D) any cost savings or additional costs to (iii) at least 1 individual who shall rep- respectfully oppose this amendment. the Postal Service attributable to the use of This would actually fracture the U.S. resent the interests of users of the class of alternative providers. Postal Service as we have known it, as mail for which the most expeditious han- (3) ANALYSIS OF DATA.—Data included in dling and transportation is afforded by the any evaluation under this subsection shall be a national institution that maintains Postal Service. analyzed— national standards, including the (iv) CHAIRPERSON.—The postmaster for the (A) by community characteristics, time of promise of universal service wherever community (or postmaster so designated) year, and type of postal service; one lives or does business, by author- shall serve as chairperson of the review (B) by residential, business, and any other izing localities to break away. I think board. type of mail user; and (3) ALTERNATIVE PROVIDERS.—To be eligible that in doing so, it would jeopardize (C) on any other basis as the Postal Serv- the foundation promise our Postal to be selected as an alternative provider of ice may determine. Service made since the beginning of postal services, a provider shall be a com- (4) SUBMISSION OF EVALUATIONS.—Not later mercial enterprise, nonprofit organization, than 90 days after the date on which the universal service. So I would oppose labor organization, or other person that— pilot program terminates, the Postal Service the amendment. (A) possesses the personnel, equipment, shall submit each evaluation under this sub- The PRESIDING OFFICER. The Sen- and other capabilities necessary to furnish section and an overall evaluation of the pilot ator from Maine. the postal services concerned; program to the President and Congress. Ms. COLLINS. Mr. President, this (B) satisfies any security and other re- (g) RULE OF CONSTRUCTION.—Nothing in quirements as may be necessary to safeguard amendment establishes what is essen- this section shall be construed to affect the tially a privatization pilot program for the mail, users of the mail, and the general obligation of the Postal Service to continue public; providing universal service, in accordance the alternative delivery of mail outside (C) submits a bid to the appropriate review with otherwise applicable provisions of law, of the universal service mandate of the board in such time, form, and manner (to- in all aspects not otherwise provided for Postal Service. I believe it would cre- gether with such accompanying information) under this section. ate chaos by allowing for inconsistent as the review board may require; and (h) REGULATIONS.—The Postal Service may delivery standards across the country. (D) meets such other requirements as the prescribe any regulations necessary to carry It would cause cream skimming of review board may require, consistent with out this section. profitable delivery areas, and that any applicable regulations under subsection (i) TERMINATION.— (h). (1) TERMINATION BY THE POSTAL SERVICE.— would harm rural America. (4) USE OF POSTAL FACILITIES AND EQUIP- The Postmaster General may terminate the I urge rejection of the amendment. MENT.—A postmaster may, at the discretion pilot program under this section before the Mr. PAUL. Mr. President, this of the postmaster, allow alternative pro- date described in paragraph (2)(A), if— amendment doesn’t change any of the viders to use facilities and equipment of the (A) the Postmaster General determines postal mandates and, to tell my col- Postal Service. Any such use proposed by a that continuation of the pilot program is not leagues the truth, the system we have person in a bid submitted under paragraph in the best interests of the public or the Gov- now is not working very well. I think (3)(C) shall, for purposes of the competitive ernment of the United States; and we do need some innovation, so I think bidding process, be taken into account using (B) the Postal Regulatory Commission ap- it would be a good idea to vote for this the fair market value of such use. proves the termination. (5) APPLICATIONS FROM COMMUNITIES WITH (2) TERMINATION AFTER 5 YEARS.— amendment. POTENTIAL CLOSURES.—When reviewing and (A) IN GENERAL.—Except as provided under I ask for the yeas and nays. granting applications, the Postal Service subparagraph (B), the authority to conduct The PRESIDING OFFICER (Mr. shall give priority to applications from com- the pilot program under this section shall CARDIN). Is there a sufficient second? munities identified for potential post office terminate 5 years after the date of enact- There appears to be a sufficient sec- closures. ment of this Act. ond.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.011 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2687 The question is on agreeing to The legislative clerk read as follows: The PRESIDING OFFICER. Without amendment No. 2028. The Senator from Kentucky [Mr. PAUL] objection, it is so ordered. The clerk will call the roll. proposes an amendment numbered 2029, as The amendment is as follows: The bill clerk called the roll. modified. (Purpose: To appropriately limit the com- Mr. KYL. The following Senator is Mr. PAUL. Mr. President, I ask unan- pensation of executives of the Postal Serv- necessarily absent: the Senator from imous consent that reading of the ice) Illinois (Mr. KIRK). amendment be dispensed with. At the appropriate place, insert the fol- The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Without lowing: any other Senators in the Chamber de- objection, it is so ordered. SEC. lll. EXECUTIVE COMPENSATION. The amendment is as follows: (a) LIMIT ON MAXIMUM COMPENSATION.— siring to vote? (1) NUMBER OF EXECUTIVES.—Section 3686(c) (Purpose: To require the Postal Service to The result was announced—yeas 35, of title 39, United States Code, is amended in take into consideration the impact of regu- nays 64, as follows: the first sentence by striking ‘‘12 officers’’ lations when developing a profitability and inserting ‘‘6 officers’’. [Rollcall Vote No. 78 Leg.] plan) YEAS—35 (2) INTERIM LIMITATION.— On page 136, between lines 14 and 15, insert (A) IN GENERAL.—Except as provided in Alexander Grassley Moran the following: subparagraph (B), and notwithstanding sec- Ayotte Hatch Paul (5) the impact of— tion 3686(c) of title 39, United States Code, as Barrasso Heller Risch (A) regulations the Postmaster General amended by this Act, for 2012, 2013, 2014, and Burr Hutchison Roberts was required by Congress to promulgate; and 2015, the total compensation of an officer or Chambliss Inhofe Rubio (B) congressional action required to facili- Coats Johanns Sessions employee of the Postal Service may not ex- Corker Johnson (WI) tate the profitability of the Postal Service; ceed the annual amount of basic pay payable Shelby On page 136, line 15, strike ‘‘(5)’’ and insert Cornyn Kyl Thune for level I of the Executive Schedule under Crapo Lee ‘‘(6)’’. Toomey section 5312 of title 5. DeMint Lugar On page 136, line 18, strike ‘‘(6)’’ and insert Vitter (B) PERFORMANCE BASED COMPENSATION RE- Enzi McCain ‘‘(7)’’. Wicker Graham McConnell LATING TO SOLVENCY PLAN.— The PRESIDING OFFICER. The Sen- (i) IN GENERAL.—Any compensation relat- NAYS—64 ator is recognized for 1 minute. ing to achieving the goals established under Akaka Franken Murray Mr. PAUL. Mr. President, this the plan under section 401 shall not apply to- Baucus Gillibrand Nelson (NE) amendment would add a technical ward the limit on compensation under sub- Begich Hagan Nelson (FL) change to the profitability plan that is paragraph (A). Bennet Harkin Portman already required under the bill, and it (ii) OTHER LIMITATIONS APPLY.—Nothing in Bingaman Hoeven Pryor would simply ask that when they do this subparagraph shall be construed to mod- Blumenthal Inouye Reed Blunt Isakson the profitability plan, they report on ify the limitation on compensation under Reid subsections (b) and (c) of section 3686 of title Boozman Johnson (SD) Rockefeller whether Congress is helping or hurting. Boxer Kerry 39, United States Code, as amended by this Sanders A lot of times we do things that are Brown (MA) Klobuchar Act. Schumer Brown (OH) Kohl well intentioned that may not work (b) CARRY OVER COMPENSATION.—The Post- Shaheen Cantwell Landrieu out. I think they need to let us know al Service may not pay compensation for Snowe Cardin Lautenberg more about whether Congress is help- service performed during a year (in this sub- Carper Leahy Stabenow Tester ing or hurting the process. section referred to as the ‘‘base year’’) in any Casey Levin subsequent year if the total amount of com- Coburn Lieberman Udall (CO) I urge adoption of this amendment. Cochran Manchin Udall (NM) The PRESIDING OFFICER. The Sen- pensation provided relating to service during Collins McCaskill Warner ator from Connecticut. the base year would exceed the amount spec- Conrad Menendez Webb Mr. LIEBERMAN. Mr. President, I ified under section 3686(c) of title 39, United Coons Merkley Whitehouse States Code, as amended by this Act, or sub- Durbin Mikulski Wyden support the amendment. The under- section (a)(2), as applicable. Feinstein Murkowski lying bill requires the Postal Service (c) BENEFITS.—Section 1003 of title 39, NOT VOTING—1 to send us a detailed plan for attaining United States Code, is amended by adding at long-term financial solvency. This the end the following: Kirk amendment would add several factors ‘‘(e) LIMITATIONS ON BENEFITS.—For any The PRESIDING OFFICER. Under to the list of items that should be con- fiscal year, an officer or employee of the the previous order requiring 60 votes Postal Service who is in a critical senior ex- sidered in the report. I think it ecutive or equivalent position, as designated for the adoption of this amendment, strengthens the bill, and I urge its under section 3686(c), may not receive fringe the amendment is rejected. adoption by voice vote. benefits (within the meaning given that term Mr. LIEBERMAN. Mr. President, I The PRESIDING OFFICER. The Sen- under section 1005(f)) that are greater than move to reconsider the vote, and I ator from Maine. the fringe benefits received by supervisory move to lay that motion on the table. Ms. COLLINS. Mr. President, I too and other managerial personnel who are not The motion to lay on the table was support the amendment and urge its subject to collective-bargaining agreements adoption. under chapter 12.’’. agreed to. (d) EFFECTIVE DATE; APPLICABILITY.—This Mr. LIEBERMAN. Mr. President, the The PRESIDING OFFICER. If there section and the amendments made by this next amendment is Senator CARPER’s is no further debate, the question is on section shall— amendment No. 2065. the adoption of the amendment. (1) take effect on the date of enactment of Mr. CARPER. Mr. President, I ask The amendment (No. 2029), as modi- this Act; and unanimous consent to withdraw fied, was agreed to. (2) apply to any contract entered or modi- amendment No. 2065. Mr. LIEBERMAN. Mr. President, I fied by the Postal Service on or after the date of enactment of this Act. The PRESIDING OFFICER. The Sen- move to reconsider the vote, and I ator has that right. The amendment move to lay that motion on the table. Mr. CARPER. Mr. President, some of The motion to lay on the table was has not been proposed. our colleagues have raised justifiable agreed to. Mr. LIEBERMAN. I thank my friend concerns about the level of compensa- AMENDMENT NO. 2066 from Delaware. tion that has gone to some of the most Mr. LIEBERMAN. Mr. President, senior officials at the U.S. Postal Serv- AMENDMENT NO. 2029, AS MODIFIED next is Senator CARPER’s amendment ice. The compensation package for one Mr. President, we go now to Senator No. 2066. previous leader of the Postal Service PAUL’s amendment No. 2029. Mr. CARPER. Mr. President, I call up was in excess of $1 million. In a day Mr. PAUL. Mr. President, I ask unan- amendment No. 2066. and age when rank-and-file postal em- imous consent that amendment No. The PRESIDING OFFICER (Mr. ployees are going to be asked to make 2029 with the modifications at the desk MERKLEY). The clerk will report. some sacrifices as labor negotiations be reported. The legislative clerk read as follows: go forward, I think it is important for The PRESIDING OFFICER. Is there The Senator from Delaware [Mr. CARPER] us to remember the concept of leader- objection? proposes an amendment numbered 2066. ship by example. Without objection, it is so ordered. Mr. CARPER. Mr. President, I ask This amendment makes sure that, The clerk will report the amendment, unanimous consent that reading of the frankly, deferred compensation pack- as modified. amendment be dispensed with. ages of the kind I just described do not

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.047 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2688 CONGRESSIONAL RECORD — SENATE April 25, 2012 occur. We cut in half—from 12 to 6—the (2) in section 1203, by striking subsections The PRESIDING OFFICER. Are there number of postal executives who are (c), (d), and (e); any other Senators in the Chamber de- able to receive compensation in excess (3) in section 1204(a), by striking ‘‘shall be siring to vote? of a Cabinet-level salary, but to give conducted under the supervision of the Na- The result was announced—yeas 23, tional Labor Relations Board, or persons des- the Board of Governors the ability to ignated by it, and’’; nays 76, as follows: pay a fee for good progress toward re- (4) in section 1205(a), by striking ‘‘not sub- [Rollcall Vote No. 79 Leg.] ducing the budget deficit at the Postal ject to collective-bargaining agreements’’; YEAS—23 Service through pay above that up to (5) by striking sections 1207, 1208, and 1209; Barrasso Graham Paul about $270,000. and Burr Hatch Risch The last thing we say is, the idea (6) in the table of sections— Chambliss Heller Sessions that senior executives at the Postal (A) by striking the item relating to section Corker Inhofe Shelby 1202 and inserting the following: Cornyn Kyl Thune Service do not have to pay anything Crapo Lee ‘‘1203. Employee organizations.’’; and Toomey for health care or do not have to pay DeMint McCain Vitter anything for their life insurance is (B) by striking the items relating to sec- Enzi McConnell tions 1206, 1207, 1208, and 1209 and inserting wrong and that should end. We do that NAYS—76 the following: with this amendment. ‘‘1206. Prohibition on collective-bargaining Akaka Gillibrand Murkowski The PRESIDING OFFICER. The Sen- Alexander Grassley Murray agreements.’’. ator’s time has expired. Ayotte Hagan Nelson (NE) Mr. PAUL. Mr. President, let’s be Baucus Harkin Nelson (FL) The Senator from Connecticut. Begich Hoeven Mr. LIEBERMAN. Mr. President, I frank. The Postal Service is bankrupt Portman Bennet Hutchison Pryor support the amendment on executive and only dramatic action will fix the Bingaman Inouye Reed compensation. I believe it addresses Postal Service. The problem is labor Blumenthal Isakson Reid Blunt Johanns costs. Eighty percent of the Postal Roberts this matter in a manner that President Boozman Johnson (SD) Rockefeller Bush 41 might have called prudent. I Service’s costs are labor. If we look at Boxer Johnson (WI) urge it be adopted by a voice vote. UPS, it is about 50 percent. If we look Brown (MA) Kerry Rubio at FedEx, it is about 38 percent. Before Brown (OH) Klobuchar Sanders The PRESIDING OFFICER. If there Schumer we close one post office, before we end Cantwell Kohl is no further debate, the question is on Cardin Landrieu Shaheen agreeing to the amendment. Saturday mail, before we ask citizens Carper Lautenberg Snowe The amendment (No. 2066) was agreed to get poorer services for higher prices, Casey Leahy Stabenow to. maybe we ought to look at the root of Coats Levin Tester the problem. Coburn Lieberman Udall (CO) Mr. LIEBERMAN. Mr. President, I Cochran Lugar Udall (NM) move to reconsider the vote, and I Even FDR—the biggest of the big Collins Manchin Warner move to lay that motion on the table. government advocates—said this about Conrad McCaskill Webb The motion to lay on the table was collective bargaining: Coons Menendez Whitehouse All Government employees should realize Durbin Merkley Wicker agreed to. Feinstein Mikulski Wyden that the process of collective bargaining, as Franken Moran AMENDMENT NO. 2039 usually understood, cannot be transplanted Mr. LIEBERMAN. Mr. President, the into the public service. NOT VOTING—1 next amendment is Senator PAUL’s So agreeing with FDR, I hope my col- Kirk amendment No. 2039. leagues from across the aisle will agree The PRESIDING OFFICER. Under The PRESIDING OFFICER. The Sen- with their patron saint FDR and will the previous order requiring 60 votes ator from Kentucky. support this amendment that would for the adoption of this amendment, Mr. PAUL. Mr. President, I call up end collective bargaining. the amendment is rejected. amendment No. 2039. In the interest of time, I will be The PRESIDING OFFICER. The Mr. LIEBERMAN. Mr. President, I happy to have a voice vote. move to reconsider the vote and lay clerk will report. The PRESIDING OFFICER. The Sen- The legislative clerk read as follows: that motion upon the table. ator’s time has expired. The motion to lay upon the table was The Senator from Kentucky [Mr. PAUL] The Senator from Maine. agreed to. proposes an amendment numbered 2039. Ms. COLLINS. Mr. President, this Mr. LIEBERMAN. Mr. President, Mr. PAUL. Mr. President, I ask unan- amendment would strip from the postal workers the right to collectively bar- next on our list—we are moving well; I imous consent that reading of the thank my colleagues—is Senator amendment be dispensed with. gain. This is an enormous change in CASEY’s amendment No. 2042. The PRESIDING OFFICER. Without labor law. Postal workers have had the AMENDMENT NO. 2042 objection, it is so ordered. right to engage in collective bar- The amendment is as follows: gaining for more than 30 years. We did Mr. CASEY. Mr. President, I rise to speak on amendment No. 2042. This is (Purpose: To prohibit employees of the make changes in this bill in the arbi- United States Postal Service from engag- tration process. We made sure if a con- really an amendment that maintains ing in collective bargaining) tract dispute goes to arbitration, the standards that we have had a right to At the end of title I, add the following: arbitrator has to consider the financial expect and have expected for many SEC. 107. PROHIBITION ON COLLECTIVE BAR- condition of the Postal Service. That generations; that is, the standard of GAINING. will help bring balance into the sys- service that the Postal Service has (a) IN GENERAL.—Section 1206 of title 39 is tem. But there is no justification for come to be known for. amended to read as follows: completely removing the right of I call up amendment No. 2042. ‘‘§ 1206. Prohibition on collective-bargaining workers to collectively bargain. The PRESIDING OFFICER. The agreements I urge we reject the amendment. clerk will report the amendment. ‘‘The Postal Service may not enter into a The PRESIDING OFFICER. All time The Senator from Pennsylvania [Mr. collective-bargaining agreement with any has expired. CASEY] proposes an amendment numbered labor organization.’’. The question is on agreeing to 2042. (b) TECHNICAL AND CONFORMING AMEND- amendment No. 2039. The amendment is as follows: MENTS.—Chapter 12 of title 39, United States Mr. PAUL. I ask for the yeas and Code, is amended— (Purpose: To maintain current delivery time nays. for market-dominant products) (1) in section 1202— The PRESIDING OFFICER. Is there a (A) in the section heading, by striking At the appropriate place, insert the fol- ‘‘ ’’ and inserting ‘‘ sufficient second? lowing: Bargaining units Employee There appears to be a sufficient sec- organizations’’; SEC. ll. MAINTENANCE OF DELIVERY SERVICE (B) by striking the first sentence; and ond. STANDARDS. (C) by striking ‘‘The National Labor Rela- The clerk will call the roll. (a) IN GENERAL.— tions Board shall not include in any bar- The legislative clerk called the roll. (1) DEFINITION.—In this subsection, the gaining unit—’’ and inserting ‘‘An organiza- Mr. KYL. The following Senator is term ‘‘2011 market-dominant product service tion of employees of the United States Post- necessarily absent: the Senator from standards’’ means the expected delivery time al Service shall not include—’’; Illinois (Mr. KIRK). for market-dominant products entered into

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.050 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2689 the network of sectional center facilities years. I think doing so is a kind of invi- Ms. LANDRIEU. Mr. President, I call that existed on September 15, 2011, under tation to the Postal Service to go into up amendment No. 2072. part 121 of title 39, Code of Federal Regula- bankruptcy. Our country cannot afford The PRESIDING OFFICER. The tions (as in effect on March 14, 2010). that. So, respectfully, I would oppose clerk will report the amendment. (2) MAINTENANCE OF DELIVERY TIME.—Not- withstanding subsections (a), (b), and (c) of the amendment. The legislative clerk read as follows: section 3691 of title 39, United States Code, The PRESIDING OFFICER. All time The Senator from Louisiana [Ms. LAN- the Postal Service may not increase the ex- has expired. The question is on agree- DRIEU] proposes an amendment numbered pected delivery time for market-dominant ing to Casey amendment No. 2042. 2072. products, relative to the 2011 market-domi- Mr. DURBIN. Mr. President, I ask for Ms. LANDRIEU. I ask unanimous nant product service standards, earlier than the yeas and nays. consent that further reading of the the date that is 4 years after the date of en- The PRESIDING OFFICER. Is there a amendment be dispensed with. actment of this Act. sufficient second? There is a sufficient The PRESIDING OFFICER. Without (b) TECHNICAL AND CONFORMING AMEND- second. objection, it is so ordered. MENTS.— The clerk will call the roll. (1) POSTAL FACILITIES.—Section 404(f) of The amendment is as follows: title 39, United States Code, as added by this The assistant legislative clerk called (Purpose: To determine the impact of certain Act, is amended— the roll. postal facility closures or consolidations (A) in paragraph (6)(C)— Mr. DURBIN. I announce that the on small businesses) (i) by striking ‘‘3-year period’’ and insert- Senator from North Dakota (Mr. CON- On page 32, line 15, insert ‘‘(F) the effect of ing ‘‘4-year period’’; and RAD) is necessarily absent. the closing or consolidation on small busi- (ii) by striking ‘‘section 201 of’’; and Mr. KYL. The following Senator is nesses in the area, including shipping and (B) in paragraph (7)— necessarily absent: the Senator from communications with customers and sup- (i) in subparagraph (A), by striking ‘‘, in- Illinois (Mr. KIRK). pliers and the corresponding impact on reve- cluding the service standards established The PRESIDING OFFICER. Are there nues, operations, and growth; and’’, and under section 201 of the 21st Century Postal any other Senators in the Chamber de- strike ‘‘(F)’’ and insert ‘‘(G)’’ before the Service Act of 2012’’; and clause that follows. (ii) in subparagraph (B), by striking ‘‘, in- siring to vote? The result was announced—yeas 44, On page 41, line 11, insert ‘‘(ii) the effect of cluding the service standards established the closing or consolidation on small busi- under section 201 of the 21st Century Postal nays 54, as follows: nesses in the area, including shipping and Service Act of 2012,’’. [Rollcall Vote No. 80 Leg.] communications with customers and sup- (2) DEFINITION.—For purposes of section YEAS—44 pliers and the corresponding impact on reve- 206(a)(2), the term ‘‘continental United Akaka Inouye Pryor nues, operations, and growth; and’’, and States’’ means the 48 contiguous States and Baucus Johnson (SD) Reed strike ‘‘(ii)’’ and insert ‘‘(iii)’’ before the the District of Columbia. Begich Kerry Rockefeller clause that follows. (3) SECTION 201.—Section 201 of this Act Bennet Klobuchar Sanders On page 53, line 1, strike ‘‘customers and shall have no force or effect. Blumenthal Kohl Schumer communities’’ and insert ‘‘customers, com- Boxer Lautenberg Shaheen munities, and small businesses’’. Mr. CASEY. Mr. President, this is Brown (OH) Leahy about the standard of service that we Snowe On page 57, line 3, strike ‘‘customers and Cantwell Levin Stabenow Cardin Manchin communities’’ and insert ‘‘customers, com- have come to expect from the Postal Tester Casey McCaskill munities, and small businesses’’. Service for many generations. I realize Udall (CO) Durbin Menendez Udall (NM) The PRESIDING OFFICER. There a lot of work has gone into this con- Franken Merkley sensus that has developed. We know we Gillibrand Mikulski Webb will be 2 minutes of debate, equally di- Harkin Murray Whitehouse vided. need to make changes to the Postal Wyden Service. But one thing we should not Heller Nelson (NE) Ms. LANDRIEU. I thank the Chair. change or downgrade or compromise or NAYS—54 I rise in support of this amendment, degrade in any way is the standard of Alexander DeMint McCain offered on behalf of myself and my col- service. Ayotte Enzi McConnell leagues, Senators SNOWE, STABENOW, Barrasso Feinstein Moran and SHAHEEN. I think what we should do is have a Bingaman Graham Murkowski 4-year moratorium on the implementa- Blunt Grassley Nelson (FL) We are very concerned that the Post- tion that would lead to changes be- Boozman Hagan Paul al Service has not looked carefully cause there will be a lot of changes Brown (MA) Hatch Portman enough at the impact some of its deci- Burr Hoeven Reid sions might have on small businesses made in the next couple of years upon Carper Hutchison Risch enactment. What we should not do, Chambliss Inhofe Roberts that rely on their operations. So all though, is move too quickly to change Coats Isakson Rubio this amendment says—and I under- Coburn Johanns Sessions stand there is no opposition, so we the standard of service that people Cochran Johnson (WI) Shelby have had a right to rely upon. Collins Kyl Thune might be able to take it by voice vote— I would ask for a ‘‘yes’’ vote on this Coons Landrieu Toomey is that included in the studies the amendment. I should note for the Corker Lee Vitter Postal Service is going to do to analyze Cornyn Lieberman Warner their way forward, they must consider record the cosponsors: Senators BROWN Crapo Lugar Wicker of Ohio, Senator SANDERS, Senator the impact on small businesses they NOT VOTING—2 BAUCUS, Senator LEAHY, Senator serve. As you know, in some areas, par- MCCASKILL, Senator SHAHEEN, Senator Conrad Kirk ticularly rural areas, this is an arm of MERKLEY, and Senator MENENDEZ. The PRESIDING OFFICER. Under the small business, and we can’t have I would ask for a ‘‘yes’’ vote. the previous order, requiring 60 votes that arm chopped off. The PRESIDING OFFICER. The Sen- for the adoption of the amendment, the So that is the amendment. I don’t be- ator from Connecticut. amendment is rejected. lieve there is any opposition, and if the Mr. LIEBERMAN. Mr. President, I Mr. LIEBERMAN. Mr. President, I managers would accept this by voice rise to oppose the amendment by my move to reconsider the vote, and I vote, we could save some time. friend from Pennsylvania. Everybody move to lay that motion on the table. Mr. LIEBERMAN. Mr. President, I acknowledges that the Postal Service The motion to lay on the table was thank Senator LANDRIEU for proposing is in crisis, losing $23 million a day. agreed to. this amendment. I support it enthu- Mail volume has dropped 21 percent in Mr. LIEBERMAN. The next amend- siastically. It will strengthen the pro- the last 5 years. That means every- ment is Senator PAUL’s amendment tections regarding the closing of proc- body—we simply cannot afford every No. 2038. He has asked that I withdraw essing facilities, and it requires the mail processing facility that exists be- from the list that amendment on his Postal Service to take into account the cause there is not that much mail any- behalf. impact of any potential closing or con- more. The PRESIDING OFFICER. The solidation on small businesses. The Postal Service will only survive amendment is withdrawn. This amendment reminds us how if we change it. Our bill allows for or- AMENDMENT NO. 2072 many people and how many businesses, derly change. This amendment would Mr. LIEBERMAN. Next is Senator including particularly small busi- basically maintain the status quo for 4 LANDRIEU’s amendment No. 2072. nesses, across America depend on the

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.014 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2690 CONGRESSIONAL RECORD — SENATE April 25, 2012 U.S. Postal Service and why it is so im- people to join but forcibly use their [Rollcall Vote No. 81 Leg.] portant for us to change it to save it. dues for political purposes without the YEAS—46 So I thank my friend from Louisiana permission of the members. Sixty per- Alexander Enzi Moran for proposing this amendment. cent of union members object to their Ayotte Graham Murkowski I urge adoption of this amendment by dues being spent for political purposes Barrasso Grassley Paul Blunt Hatch voice vote. without their permission. Portman Boozman Heller Risch The PRESIDING OFFICER. All time This amendment protects their right Brown (MA) Hoeven Roberts has expired. The question is on agree- to have their dues used in the way they Burr Hutchison Rubio ing to the amendment. Chambliss Inhofe Sessions intend them to be used. So I encourage Coats Isakson Shelby The amendment (No. 2072) was agreed my colleagues to support this freedom, Coburn Johanns Snowe to. Cochran Johnson (WI) this protection of constitutional Thune Collins Kyl Mr. LIEBERMAN. I move to recon- rights. It is consistent with the Su- Toomey sider the vote and to lay that motion Corker Lee preme Court ruling in Communications Cornyn Lugar Vitter on the table. Workers v. Beck. Crapo McCain Wicker The PRESIDING OFFICER. Without I reserve the remainder of my time. DeMint McConnell objection, it is so ordered. Mr. LIEBERMAN. Mr. President, I NAYS—53 Mr. LIEBERMAN. Next is Senator oppose this amendment. It is taking a Akaka Hagan Nelson (NE) DEMINT’s amendment No. 2046. bill that has the urgent purpose of sav- Baucus Harkin Nelson (FL) AMENDMENT NO. 2046 ing the U.S. Postal Service—changing Begich Inouye Pryor Mr. DEMINT. Mr. President, I call up it to save it—and bringing in a matter Bennet Johnson (SD) Reed Bingaman Kerry amendment No. 2046. of internal labor union business. Reid Blumenthal Klobuchar Rockefeller The PRESIDING OFFICER. The The fact is no postal employee is Boxer Kohl Sanders clerk will report the amendment. forced to join a union, but once one Brown (OH) Landrieu Schumer Cantwell Lautenberg The assistant legislative clerk read Shaheen does, the union leadership can guide Cardin Leahy Stabenow as follows: the policy positions the union supports Carper Levin Tester The Senator from South Carolina [Mr. through the democratic processes with- Casey Lieberman Conrad Manchin Udall (CO) DEMINT] proposes an amendment numbered in the union. No postal employee him- Udall (NM) 2046. Coons McCaskill self or herself is forced to involuntarily Durbin Menendez Warner Mr. DEMINT. I ask unanimous con- support the advocacy or political ac- Feinstein Merkley Webb sent that the reading of the amend- tivities of a union. That is their Franken Mikulski Whitehouse Wyden ment be dispensed with. choice—whether to join it. But once Gillibrand Murray The PRESIDING OFFICER. Without they do, their leadership has the right NOT VOTING—1 objection, it is so ordered. to participate in a political process. Kirk The amendment is as follows: I urge my colleagues to vote against The PRESIDING OFFICER. Under (Purpose: To provide protections for postal this amendment. the previous order requiring 60 votes workers with respect to their right not to The PRESIDING OFFICER. All time for the adoption of this amendment, subsidize union nonrepresentational activi- has expired. ties) the amendment is rejected. Mr. DEMINT. Mr. President, I yield The Senator from Connecticut. At the appropriate place, insert the fol- the remainder of my time to Senator Mr. LIEBERMAN. Madam President, lowing: COLLINS. SEC. ll. PAYCHECK PROTECTION. I move to reconsider the vote and to The PRESIDING OFFICER. All time lay that motion on the table. (a) SHORT TITLE.—The section may be cites has expired. as the ‘‘Paycheck Protection Act’’. The PRESIDING OFFICER. Without Mr. DEMINT. I ask unanimous con- (b) RIGHT NOT TO SUBSIDIZE UNION NON- objection, it is so ordered. REPRESENTATIONAL ACTIVITIES.—Chapter 12 sent that Senator COLLINS be given 30 Mr. LIEBERMAN. Madam President, of title 39, United States Code, is amended by seconds to explain her position. next we have Senator MCCASKILL’s adding at the end the following: The PRESIDING OFFICER. Is there amendment No. 2030. ‘‘SEC. 1210. RIGHT NOT TO SUBSIDIZE UNION objection? AMENDMENT NO. 2030 NONREPRESENTATIONAL ACTIVI- Without objection, it is so ordered. TIES. Ms. COLLINS. I thank the Chair. The PRESIDING OFFICER. The Sen- ‘‘No Postal Service employee’s labor orga- Mr. President, I urge support of Sen- ator from Missouri. nization dues, fees, or assessments or other Mrs. MCCASKILL. Madam President, ator DEMINT’s amendment. It protects contributions shall be used or contributed to I call up my amendment No. 2030. any person, organization, or entity for any the first amendment rights of postal workers by requiring that unions ob- The PRESIDING OFFICER. The purpose not directly germane to the labor or- clerk will report. ganization’s collective bargaining or con- tain prior approval from workers be- tract administration functions unless the fore spending their dues on political The legislative clerk read as follows: member, or nonmember required to make purposes. The Senator from Missouri [Mrs. MCCAS- such payments as a condition of employ- I think this is probably the one and KILL] proposes an amendment numbered 2030. ment, authorizes such expenditure in writ- only amendment where I will diverge Mrs. MCCASKILL. I ask unanimous ing, after a notice period of not less than 35 with my chairman, but I do urge sup- consent that further reading be dis- days. An initial authorization provided by an pensed with. employee under the preceding sentence shall port of Senator DEMINT’s amendment. expire not later than 1 year after the date on The PRESIDING OFFICER. The The PRESIDING OFFICER. Without which such authorization is signed by the question is on agreeing to the amend- objection, it is so ordered. employee. There shall be no automatic re- ment. (The amendment is printed in the newal of an authorization under this sec- Mr. LIEBERMAN. I ask for the yeas RECORD of Tuesday, April 17, 2012, tion.’’. and nays. under ‘‘Text of Amendments.’’) The PRESIDING OFFICER. There The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. There will now be 2 minutes of debate. sufficient second? will now be 2 minutes of debate equally Mr. DEMINT. Mr. President, this There is a sufficient second. divided prior to a vote on amendment amendment is the Paycheck Protec- The clerk will call the roll. No. 2030, offered by the Senator from tion Act, and it protects the first The legislative clerk called the roll. Missouri. amendment rights of postal workers by Mr. KYL. The following Senator is Mrs. MCCASKILL. Madam President, requiring postal labor unions to obtain necessarily absent: the Senator from S. 89 makes significant changes to the prior approval from their workers be- Illinois (Mr. KIRK). Federal Employees Compensation Act, fore they spend their dues money on The PRESIDING OFFICER (Ms. KLO- FECA, which I support. The changes behalf of political parties, political BUCHAR). Are there any other Senators seek to reduce overspending in the pro- candidates or other political advocacy. in the Chamber desiring to vote? gram. But this is an amendment that Unions are the only organizations in The result was announced—yeas 46, will allow a couple of considerations many States that cannot only force nays 53, as follows: that I think are important to include.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.056 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2691 The amendment, along with other Basically, it is a sense of the Senate U.S.C. 1395c et seq.) (commonly known as things, would improve upon the cur- that the Postal Service should not ‘‘Medicare Part A’’) and the Medicare pro- rent program by providing those in- close any postal facilities or post of- gram for supplementary medical insurance jured while deployed in armed conflict fices until enactment of this postal re- benefits under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) additional time to file a claim for form bill. (commonly known as ‘‘Medicare Part B’’), FECA benefits and to ensure that de- So this is a sense of the Senate. The the objective of which shall be to educate ployed employees injured in a terrorist idea is we don’t know exactly when the employees and annuitants on how Medicare attack overseas while off-duty would House is going to pass their bill, if they benefits interact with and can supplement receive the FECA benefits. It also cre- ever do. But we will have a sense of the the benefits of the employee or annuitant ates an exemption for hardship if some- Senate on the record. under the Federal Employees Health Benefit one would be eligible for food stamps if The Postal Service’s self-imposed Program. their benefits are decreased even fur- moratorium expires May 15. Hopefully, (b) RULE OF CONSTRUCTION.—Nothing in this section may be construed to authorize ther. this will give them time to extend this the Postal Service to require a Postal Serv- These provisions are similar to the until a bill is passed. If this bill does ice employee or annuitant (as defined in sub- FECA reform legislation, H. Res. 2465, pass—and I hope it does—this is a section (c)) to enroll in Medicare. that has already passed the House of major reset for the Postal Service, and (c) DEFINITION OF POSTAL SERVICE EM- Representatives, and I ask for the con- I hope much of the rationale for closing PLOYEE OR ANNUITANT.—In this section, the sideration of the body of this amend- these offices goes away with the pas- term ‘‘Postal Service employee or annu- ment. sage of this bill. itant’’ means an individual who is— The PRESIDING OFFICER. The Sen- Madam President, I would love to (1) an employee of the Postal Service; or (2) an annuitant covered under chapter 89 ator from Maine is recognized. have a voice vote on this, if that is pos- of title 5, United States Code, whose Govern- Ms. COLLINS. Madam President, sible. ment contribution is paid by the Postal first let me commend the Senator from The PRESIDING OFFICER. The Sen- Service under section 8906(g)(2) of such title. Missouri for this amendment. ator from Connecticut. Mr. ROCKEFELLER. Madam Presi- It does make a great deal of sense to Mr. LIEBERMAN. Madam President, dent, as modified, this amendment have the hardship exemption and to I thank my friend from Arkansas. This would simply eliminate a very prob- give more time for individuals who are is a good amendment, and I support it lematic provision in the underlying injured in war zones and longer dead- wholeheartedly and move its adoption bill, provision section 105, but it has a lines for the paperwork for those indi- by voice vote. very bad effect, and this would clear viduals who might have trouble sub- The PRESIDING OFFICER. The that up. It would shift onto Medicare mitting the paperwork from a war question is on agreeing to the amend- and raise premiums for current postal zone. We are talking about civilian em- ment. workers and retirees in some cases by ployees who are deployed there. This The amendment (No. 2036) was agreed as much as 35 percent. There is more to amendment makes a great deal of to. it, but that is the bulk of it. So I would sense, and I urge that it be accepted by Mr. LIEBERMAN. Madam President, hope that it would be passed. a voice vote. I move to reconsider the vote and to The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. All time lay that motion on the table. ator from Connecticut. has expired. The PRESIDING OFFICER. Without Mr. LIEBERMAN. Madam President, The question is on agreeing to the objection, it is so ordered. I thank the Senator from West Vir- amendment. AMENDMENT NO. 2073, AS MODIFIED ginia. The amendment (No. 2039) was agreed Mr. LIEBERMAN. We will now go to Some questions were raised about to. Senator ROCKEFELLER’s amendment parts of the bill relating to accessi- Mr. LIEBERMAN. Madam President, No. 2073. bility to Medicare by postal employees. I move to reconsider the vote and to The PRESIDING OFFICER. The Sen- I think there has been a good meeting lay that motion on the table. ator from West Virginia is recognized. of the minds with this modification. I The PRESIDING OFFICER. Without Mr. ROCKEFELLER. I call up my support the amendment as modified objection, it is so ordered. amendment No. 2073, and ask unani- and urge its adoption by voice vote. AMENDMENT NO. 2036 mous consent that it be modified with The PRESIDING OFFICER. The Mr. LIEBERMAN. Madam President, the changes that are at the desk. question is on agreeing to amendment we will go to Senator PRYOR’s amend- The PRESIDING OFFICER. Is there No. 2073, as modified. ment No. 2036. objection? Amendment (No. 2073), as modified, The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. was agreed to. ator from Arkansas is recognized. The clerk will report. Mr. LIEBERMAN. Madam President, Mr. PRYOR. Madam President, I ask The legislative clerk read as follows: I move to reconsider the vote and to that we go to amendment No. 2036. The Senator from West Virginia [Mr. lay that motion on the table. The PRESIDING OFFICER. The ROCKEFELLER] proposes an amendment num- The PRESIDING OFFICER. Without clerk will report. bered 2073, as modified. objection, it is so ordered. The assistant legislative clerk read Mr. ROCKEFELLER. Madam Presi- Mr. LIEBERMAN. Before we get to as follows: dent, I ask unanimous consent that Senator ROCKEFELLER’s second amend- The Senator from Arkansas [Mr. PRYOR], further reading be dispensed with. ment, Senator COBURN has asked me to for himself and Mr. BEGICH, proposes an The PRESIDING OFFICER. Without withdraw amendment No. 2059 on his amendment numbered 2036. objection, it is so ordered. behalf. I thank him for that. The amendment is as follows: The amendment is as follows: AMENDMENT NO. 2074 (Purpose: To express the sense of the Senate Beginning on page 16, strike line 8 and all We will now go to Senator ROCKE- with respect to the closing and consolida- that follows through page 23, line 6, and in- FELLER’s amendment No. 2074. tion of postal facilities and post offices) sert the following: The PRESIDING OFFICER. The Sen- At the appropriate place, insert the fol- SEC. 105. MEDICARE EDUCATIONAL PROGRAM ator from West Virginia is recognized. lowing: FOR POSTAL SERVICE EMPLOYEES AND RETIREES. AMENDMENT NO. 2074, AS MODIFIED SEC. ll. SENSE OF THE SENATE. It is the sense of the Senate that the Post- (a) EDUCATIONAL PROGRAM.—The Post- Mr. ROCKEFELLER. Madam Presi- al Service should not close or consolidate master General, in consultation with the Di- dent, I call up my amendment No. 2074 any postal facility (as defined in section rector of the Office of Personnel Manage- and ask unanimous consent that it be 404(f) of title 39, United States Code, as added ment and the Administrator of the Centers modified with the changes that are at by this Act) or post office before the date of for Medicare & Medicaid Services, shall de- the desk. enactment of this Act. velop an educational program for Postal Service employees and annuitants who may The PRESIDING OFFICER. Is there Mr. PRYOR. Madam President, this, be eligible to enroll in the Medicare program objection? hopefully, will be a noncontroversial for hospital insurance benefits under part A Without objection, it is so ordered. amendment. of title XVIII of the Social Security Act (42 The clerk will report.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.059 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2692 CONGRESSIONAL RECORD — SENATE April 25, 2012 The legislative clerk read as follows: (D) be administered in a manner deter- holds and businesses that receive door The Senator from West Virginia [Mr. mined in a joint agreement reached under delivery in every State across the ROCKEFELLER] proposes amendment num- subsection (b); and country. As originally written, the bered 2074, as modified. (E) provide for transition of coverage under postal reform bill would have pushed Mr. ROCKEFELLER. Madam Presi- the Federal Employee Health Benefits Pro- gram of all participants to coverage under the Postal Service to stop delivering dent, I ask unanimous consent that the Postal Service Health Benefits Program mail to individual doors and mailboxes. further reading be dispensed with. on January 1, 2013; Instead, the Postal Service would in- The PRESIDING OFFICER. Without (2) may provide dental benefits; and stall apartment complex style group objection, it is so ordered. (3) may provide vision benefits. boxes, where all the mail for a given The amendment is as follows: (d) AGREEMENT AND IMPLEMENTATION.—If a street or neighborhood would be deliv- (Purpose: To improve the Postal Service joint agreement is reached under subsection ered to the boxes that were grouped to- Health Benefits Program). (b)— gether in one place. Rather than have (1) the Postal Service shall implement the On page 12, strike line 18 and all that fol- mail delivered to their mailbox or lows through page 16, line 7, and insert the Postal Service Health Benefits Program; following: (2) the Postal Service Health Benefits Pro- door, homeowners could have been SEC. 104. POSTAL SERVICE HEALTH BENEFITS gram shall constitute an agreement between forced to travel further from their PROGRAM. the collective bargaining representatives and home simply to pick up the mail. My (a) DEFINITIONS.—In this section— the Postal Service for purposes of section amendment simply preserves the same (1) the term ‘‘covered employee’’ means an 1005(f) of title 39, United States Code; and door delivery only for customers who officer or employee of the Postal Service (3) participants may not participate as em- already receive it. In other words, not who is— ployees in the Federal Employees Health for new complexes. But for existing (A) represented by a bargaining representa- Benefits Program. tive recognized under section 1203 of title 39, (e) GOVERNMENT PLAN.—The Postal Service houses, they should keep the delivery United States Code; or Health Benefits Program shall be a govern- the way it is. (B) a member of the Postal Career Execu- ment plan as that term is defined under sec- What some people may not know is tive Service; tion 3(32) of Employee Retirement Income the Postal Service already has the au- (2) the term ‘‘Federal Employee Health Security Act of 1974 (29 U.S.C. 1002(32)). thority to eliminate door delivery, but Benefits Program’’ means the health benefits (f) REPORT.—Not later than June 30, 2013, the Postal Service has not mandated program under chapter 89 of title 5, United the Postal Service shall submit a report to such a change because they know how States Code; the Committee on Homeland Security and unpopular it would be. By removing (3) the term ‘‘participants’’ means— Governmental Affairs of the Senate and the (A) covered employees; and Committee on Oversight and Government the door delivery provisions from this (B) officers and employees of the Postal Reform of the House of Representatives bill we can ensure the Postal Service Service who are not covered employees and that— will continue to provide the door deliv- who elect to participate in the Postal Serv- (1) reports on the implementation of this ery service our constituents expect and ice Health Benefits Program; and section; and rely upon. (4) the term ‘‘Postal Service Health Bene- (2) requests any additional statutory au- I urge my colleagues to support the fits Program’’ means the health benefits pro- thority that the Postal Service determines is amendment. gram that may be agreed to under subsection necessary to carry out the purposes of this The PRESIDING OFFICER. The Sen- (b)(1). section. (b) COLLECTIVE BARGAINING.— ator from Connecticut. (g) RULE OF CONSTRUCTION.—Nothing in Mr. LIEBERMAN. Madam President, (1) IN GENERAL.—Consistent with section this section shall be construed as an endorse- 1005(f) of title 39, United States Code, the ment by Congress for withdrawing officers I urge the adoption of the amendment Postal Service may negotiate jointly with and employees of the Postal Service from by voice vote. all bargaining representatives recognized the Federal Employee Health Benefits Pro- The PRESIDING OFFICER. The under section 1203 of title 39, United States gram. question is on agreeing to the amend- Code, and enter into a joint collective bar- ment. gaining agreement with those bargaining Mr. LIEBERMAN. Madam President, representatives to establish the Postal Serv- I support the amendment, as modified, The amendment (No. 2050) was agreed ice Health Benefits Program that satisfies and urge its adoption by voice vote. to. the conditions under subsection (c). The The PRESIDING OFFICER. The Mr. LIEBERMAN. Madam President, Postal Service and the bargaining represent- question is on agreeing to the amend- I move reconsideration and ask the mo- atives shall negotiate in consultation with ment, as modified. tion be laid on the table. the Director of the Office of Personnel Man- Amendment (No. 2074), as modified, The motion to lay on the table was agement. agreed to. (2) CONSULTATION WITH SUPERVISORY AND was agreed to. AMENDMENT NO. 2071, AS MODIFIED MANAGERIAL PERSONNEL.—In the course of ne- AMENDMENT NO. 2050 Mr. LIEBERMAN. Next will be Sen- gotiations under paragraph (1), the Postal Mr. LIEBERMAN. Madam President, Service shall consult with each of the orga- ator TESTER, amendment No. 2032. Sen- next on the list is Senator SCHUMER’s nizations of supervisory and other manage- ator TESTER is not on the floor right amendment No. 2050. rial personnel that are recognized under sec- now. I know we were building up to The PRESIDING OFFICER. The Sen- tion 1004 of title 39, United States Code, con- Senator WARNER’s amendment as the ator from New York is recognized. cerning the views of the personnel rep- last amendment, but this may now be resented by each of those organizations. Mr. SCHUMER. I call up my amend- the second-to-last amendment. Next we (3) ARBITRATION LIMITATION.—Notwith- ment No. 2050. will have Senator WARNER No. 2071. standing chapter 12 of title 39, United States The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- Code, there shall not be arbitration of any clerk will report. ator from Virginia is recognized. dispute in the negotiations under this sub- The assistant legislative clerk read section. Mr. WARNER. Madam President, I as follows: (4) TIME LIMITATION.—The authority under ask to call up amendment No. 2071. this subsection shall extend until September The Senator from New York [Mr. SCHUMER] There is an agreed-upon substitute text 30, 2012. proposes an amendment numbered 2050. at the desk. (c) POSTAL SERVICE HEALTH BENEFITS PRO- Mr. SCHUMER. I ask unanimous con- The PRESIDING OFFICER. The GRAM.—The Postal Service Health Benefits sent further reading of the amendment Program— amendment is pending. (1) shall— be dispensed with. Mr. WARNER. I thank Chairman LIE- (A) be available for participation by all The PRESIDING OFFICER. Without BERMAN and Senator COLLINS for their covered employees; objection, it is so ordered. help on this amendment. It is a simple (B) be available for participation by any The amendment is as follows: amendment. One of the goals of this officer or employee of the Postal Service (Purpose: To maintain all current door process is to encourage retirement ex- who is not a covered employee, at the option delivery point services) pected for 100,000 members of the Post- solely of that officer or employee; On page 48, strike line 3 and all that fol- al Service. Unfortunately, now OPM (C) provide coverage that is actuarially lows through the end of the matter between equivalent to the types of plans available has an over 50,000-person backlog of re- lines 5 and 6 on page 52. under the Federal Employee Health Benefits tirement claims. This is unacceptable. Program, as determined by the Director of Mr. SCHUMER. Madam President, We still have a paper processing proc- the Office of Personnel Management; there are more than 35 million house- ess. This amendment would require the

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.061 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2693 Postal Service to report on a regular ‘‘(B) VERY SENIOR EXECUTIVES.—Not more think we should be paying him more basis, as well as OPM, on the status of than 6 officers or employees of the Postal than what we do our Cabinet Secre- these retirement processing claims and Service that are in very senior executive po- taries. After all, the Postal Service is hopefully speed up this process and sitions, as determined by the Board of Gov- public service. I ask Senators’ concur- ernors, may be paid at a rate of basic pay also compare it to the forms of other that does not exceed the rate of basic pay for rence on the amendment. agencies. This is completely unaccept- level I of the Executive Schedule under sec- The PRESIDING OFFICER. The Sen- able to folks who are retiring, waiting tion 5312 of title 5. ator from Connecticut. sometimes up to a full year to get their ‘‘(2) BENEFITS.—For any fiscal year, an of- Mr. LIEBERMAN. Madam President, retirement benefits. I thank the chair- ficer or employee of the Postal Service who I thank my friend from Montana for man and the ranking member and ask is in a critical senior executive or equivalent his amendment. He explained it well for acceptance of the amendment. position, as designated under section 3686(c), and I urge its adoption by voice vote. The PRESIDING OFFICER. The Sen- may not receive fringe benefits (within the The PRESIDING OFFICER. The meaning given that term under section question is on agreeing to the amend- ator from Maine is recognized. 1005(f)) that are greater than the fringe bene- Ms. COLLINS. Madam President, I ment. fits received by supervisory and other mana- The amendment (No. 2032) was agreed support this amendment. There is an gerial personnel who are not subject to col- inexcusable backlog at OPM in proc- to. lective-bargaining agreements under chapter Mr. LIEBERMAN. Madam President, essing the application for retirement 12.’’. I move for reconsideration and ask benefits. It has caused real hardships (b) LIMITATION ON BONUS AUTHORITY.—Sec- that motion be laid on the table. for some retired Federal employees and tion 3686 of title 39, United States Code, is The PRESIDING OFFICER. Without postal employees. This bill will obvi- amended— (1) in subsection (a), by striking ‘‘The objection, it is so ordered. ously increase the number of postal Postal Service’’ and inserting ‘‘Subject to The motion to lay on the table was employees who will be seeking retire- subsection (f), the Postal Service’’; and agreed to. ment benefits so I think it is important (2) by adding at the end the following: Mr. LIEBERMAN. Madam President, we have the kind of reporting the Sen- ‘‘(f) LIMITATION ON BONUS AUTHORITY.— colleagues, we have completed all the ator from Virginia has proposed. ‘‘(1) DEFINITION.—In this subsection, the amendments on the bill and we are I urge acceptance of the amendment. term ‘covered year’ means the fiscal year ready to vote on final passage. I urge it be accepted by the voice vote. following a fiscal year relating to which the Office of Management and Budget deter- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The ator from Rhode Island. question is on agreeing to the amend- mines the Postal Service has not imple- mented the measures needed to achieve long- Mr. REED. Madam President, the ment, as modified. term solvency, as defined in section 208(e) of power of Congress to establish post of- The amendment (No. 2071), as modi- the 21st Century Postal Service Act of 2012. fices is enshrined in our Constitution, fied, was agreed to. ‘‘(2) LIMITATION.—The Postal Service may and the U.S. Postal Service has been a Mr. LIEBERMAN. Madam President, not provide a bonus or other reward under valued institution since the earliest I move for reconsideration and ask the this section to an officer or employee of the days of our Republic. Today, the Postal motion be placed on the table. Postal service in a critical senior executive Service accounts for millions of jobs The PRESIDING OFFICER. Without or equivalent position, as designated under nationwide. It is essential that we have subsection (c), during a covered year.’’. objection, it is so ordered. a viable and effective Postal Service in The motion to lay on the table was (c) EFFECTIVE DATE; APPLICABILITY.—The amendments made by subsections (a) and (b) the long term. Unfortunately, the agreed to. shall— Postal Service is currently facing crit- AMENDMENT NO. 2032 (1) take effect on the date of enactment of ical financial challenges that have Mr. LIEBERMAN. The excitement this Act; and been brought on by a number of fac- builds now as we move to the last (2) apply to any contract entered or modi- tors, including the movement to elec- amendment. Senator TESTER has fied by the Postal Service on or after the tronic forms of communication. This amendment No. 2032. date of enactment of this Act. situation requires immediate attention The PRESIDING OFFICER. The Sen- (d) SUNSET.—Effective 2 years after the date of enactment of this Act— of Congress. ator from Montana is recognized. (1) section 1003 of title 39, United States The bill we are voting on today, the Mr. TESTER. Madam President, I Code, is amended— 21st Century Postal Service Act, is not call up amendment No. 2032. (A) in subsection (a), by adding at the end perfect. I am particularly disappointed The PRESIDING OFFICER. The the following: ‘‘No officer or employee shall that the Senate did not agree to an clerk will report. be paid compensation at a rate in excess of amendment that I supported that The assistant legislative clerk read the rate for level I of the Executive Schedule would have preserved 6-day delivery, as follows: under section 5312 of title 5.’’; and and I am concerned that a permanent The Senator from Montana [Mr. TESTER], (B) by striking subsection (e); and (2) section 3686 of title 39, United States switch to 5-day delivery could lead to for himself and Mr. PRYOR, proposes an the further erosion of jobs and the un- amendment numbered 2032. Code, is amended— (A) in subsection (a), by striking ‘‘Subject dermining of the Postal Service. How- Mr. TESTER. Madam President, I to subsection (f), the Postal Service’’ and in- ever, it is clear that we cannot afford ask unanimous consent the reading of serting ‘‘The Postal Service’’; and to do nothing. Congressional inaction, the amendment be dispensed with. (B) by striking subsection (f). coupled with the extreme measures The PRESIDING OFFICER. Without Mr. TESTER. Madam President, this being pushed by the Postal Service’s objection, it is so ordered. amendment is pretty simple. I thank leadership, will result in drastic The amendment is as follows: Senator PRYOR for joining me on it. It changes that would seriously under- (Purpose: To appropriately limit the pay of basically is an amendment that re- mine our Nation’s mail system, begin- Postal Service executives) duces compensation for the senior ex- ning with the closure of a number of At the appropriate place, insert the fol- ecutives at the Postal Service. It limits post offices and mail processing facili- lowing: the six most senior Postal Service em- ties across the country. I am concerned SEC. lll. EXECUTIVE COMPENSATION. ployees to a base salary no more than that the changes sought by the Postal (a) LIMITATIONS ON COMPENSATION.—Sec- tion 1003 of title 39, United States Code, is we pay our Cabinet Secretary, which is Service’s leadership will severely un- amended— just a skosh under $200,000. There are dermine the Postal Service’s long-term (1) in subsection (a), by striking the last going to be some changes in the Postal viability and threaten thousands of sentence; and Service. Some of these cuts are going good jobs. We cannot allow that to hap- (2) by adding at the end the following: to take place at the lower end, some in pen. ‘‘(e) LIMITATIONS ON COMPENSATION.— the middle management, some at the The 21st Century Postal Service Act ‘‘(1) RATES OF BASIC PAY.— upper end. includes a number of important provi- ‘‘(A) IN GENERAL.—Subject to subparagraph To be fair, everybody needs to feel sions designed to put the Postal Serv- (B), an officer or employee of the Postal Service may not be paid at a rate of basic the pain and besides that, to be right ice back on solid footing. It will allow pay that exceeds the rate of basic pay for fair, the Postmaster is an important for the refunding of overpayments by level II of the Executive Schedule under sec- job but so is the Secretary of Defense, the Postal Service to the Federal Em- tion 5313 of title 5. Secretary of State, and others. I don’t ployees Retirement System and ease

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.064 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2694 CONGRESSIONAL RECORD — SENATE April 25, 2012 the prefunding requirement for the strenuous opposition to the plan and fice needs to post a profit. In fact, Postal Service’s retiree health bene- questioned the ability of the Postal while some post offices are too small to fits. It also strengthens the review Service to save money by shifting jobs turn a profit, they are still an impor- process for closing post offices and fa- from Hampden to Scarborough. tant part of the Postal System and a cilities and encourages innovation by As part of its consolidation process, vital part of their community. And, the Postal Service to improve its busi- the Postal Service holds public meet- based on the estimates I have seen, the ness model with the goal of returning ings in communities facing the loss of projected cost-savings from the pro- to profitability. a Processing and Distribution facility. posed closing of the 3,700 post office lo- I am also concerned that the version For Hampden, the Postal Service held cations would offset but a tiny part of of postal reform legislation that is a public meeting on January 11 2012, the USPS’s current financial problems. eventually passed by the House of Rep- which I attended, along with approxi- These closures would deliver a painful resentatives could prove to be very mately 300 other Mainers, all of whom blow to the communities they serve, damaging. When the Senate considers opposed the Postal Service’s rec- but would reduce the Postal Service’s the final version of postal reform legis- ommendation. deficit by less than 1 percent. lation that is negotiated by the two In advance of the public meeting, my The bill includes an amendment that Chambers, I will carefully consider the staff carefully reviewed the Postal I offered with Senators Tester and changes that have been made before Service’s Area Mail Processing—AMP— Franken that requires that substantial lending my support to its passage. report, which contained the estimated economic savings be shown before a Ms. SNOWE. Madam President, I rise cost savings for consolidating the post office or processing facility is support of my amendment, which has Hampden facility. In reviewing the closed and clarifies that a proposed clo- been modified in consultation with the AMP report, we discovered a very large sure shall be suspended during appeal managers of the Postal Reform bill, S. mathematical error. to the Postal Regulatory Commission, 1789. I am very pleased that both Chair- The Postal Service originally PRC. This amendment will help ensure that any post office and facility clo- man LIEBERMAN and Ranking Minority claimed that eliminating two white sures do not unduly impact a commu- Member COLLINS have agreed to accept collar management positions at the my amendment to further strengthen plant would save almost $800,000. When nity’s access to postal services and the segment of the bill governing pro- my office started asking questions that any such closure is economically posed consolidations for the Postal about this, the Postal Service back- justified. There is no doubt that the Postal Service’s processing and distribution tracked to claiming that eliminating Service has faced a decline in first facilities. these jobs would save only $120,000 in class mail volume over the past few With my amendment as part of the advance of its public meeting. years and will need to make significant underlying bill, the Postal Regulatory Shockingly enough, the Postal Serv- adjustments in the future. I am hopeful Commission, PRC, will now independ- ice’s final AMP report which was re- that the Postal Service will work with ently verify the Postal Service’s meth- leased in February retained the obvi- Congress as the mail system continues odology and estimated costs savings ously mistaken claim that eliminating to transform so that postal services from proposed plant consolidations. In these two positions saved almost can be continued and to ensure that $800,000. In all, the Postal Service has other words, starting with those facili- the Postal Service is able to offer new resumed mistakenly claiming almost ties currently under review, the Postal and innovative services so it can re- Service will no longer have unchecked 400 percent more in savings than would main viable in the 21st Century. authority to close or consolidate these be accurate. Mr. GRASSLEY. Madam President, I important facilities. Under my amendment, if a local com- will vote for S. 1789, the 21st Century The Postal Service has unfortunately munity is opposing a proposed consoli- Postal Service Act, because it is unde- proven itself unable to make these de- dation, it can appear that rec- niable that the Postal Service is facing cisions, many of which have far-reach- ommendation to the Postal Regulatory a crisis and something must be done ing implications for the quality of Commission—PRC—which will be able very soon. There are those who say service of postal customers, without to independently review the Postal that this bill goes too far in reforming proper oversight, fact-checking and Service’s methodology and estimated the Postal Service and implementing third-party verification. cost savings to guard against facilities uncomfortable changes, and then there As part of a major restructuring of being closed due to faulty calculations are those who say that this bill does the Postal Service’s mail delivery in- by the Postal Service. If the PRC con- not go far enough in transforming the frastructure, Postmaster General cludes that the AMP report was mis- Postal Service to be viable in the long Donahue proposed closing and consoli- taken or inaccurate, the PRC has the term. I agree that this bill is not per- dating 232 mail processing and distribu- authority to prevent closure or consoli- fect. It is a compromise so just about tion facilities across the United States. dation from moving forward until the everyone can find something in it to Unfortunately for the people of Maine, facts are corrected. dislike. However, unless we do some- his proposal included the consolidation With my amendment being added to thing to help the Postal Service cut of the Eastern Maine Processing and the underlying bill, local communities costs, the borrowing authority of the Distribution Facility in Hampden into will now be assured of an even playing Postal Service will run out in the fall the Southern Maine Processing and field and a thorough and accurate as- and it will be unable to make payroll. Distribution Facility located in Scar- sessment of the impact of any closure I will support this bill, imperfect borough. or consolidation. though it is, because we need to make This was a fundamentally flawed pro- In closing, I wish to thank the man- progress in addressing this looming cri- posal from its inception. The Eastern agers of the bill for accepting my sis now. Otherwise, if we wait much Maine Processing and Distribution Fa- amendment and I urge the Senate to longer, we will be faced with a choice cility, located approximately 144 miles adopt it by voice vote. between a shut-down of mail service away from Maine’s other mail proc- Mr. LEVIN. Madam President, while across our country or a massive tax- essing facility in Scarborough, ME, the amended bill before us is far from payer bailout, both of which would currently processes mail destined for perfect, I will vote in support. Failure hurt the economy and take money out eastern, western, and northern Maine. to pass a bill could result in the Postal of the pockets of hardworking Ameri- Without this facility, mail service to Service pursuing a misguided course of cans. communities, families, the elderly, and post office and facility closures. Such a Mr. LIEBERMAN. Madam President, businesses throughout most of Maine dramatic course would irreparably I urge my colleagues to vote ‘‘yes’’ on would be severely delayed. harm the ability of the Postal Service S. 1789 and give the Postal Service both I strongly opposed this proposed con- to provide postal services and would in the financial footing and the business solidation from the beginning. In De- fact, threaten the viability of the US tools it needs to compete in this new cember, I visited the facility and met Postal System. While, as a whole, the communications age. with the plant’s manager and employ- USPS needs to be a rate-payer sup- Let’s start by facing facts. USPS is ees. During the visit, I conveyed my ported organization, not every post of- losing business and losing money. If we

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.031 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2695 do nothing, on May 15th the Post- prefund its Retiree Health Benefits, by with a feeling of confidence that we master will be allowed to implement amortizing its liability over the next 40 have met a problem here together and his own downsizing plan, which is far years. have offered a solution that will fix the more severe than this bill allows and This will significantly cut the $5.5 problem for our country. will lead to a loss of jobs and services billion annual payment USPS has been I yield the floor. that could be painful in this fragile making, while still assuring there will The PRESIDING OFFICER. The Sen- economy, especially to our small towns be sufficient funds to meet the com- ator from Maine is recognized. and rural communities. mitments for future retirees’ health Ms. COLLINS. Madam President, I We have another choice. benefits. believe the odds of our getting the 60 To all my colleagues who say they To all my colleagues who worry that votes for final passage are increased if are worried about the burdens the the Postal Service just isn’t relevant in I make my statement later, rather Postmaster’s proposal to close 3,700 the 21st Century, I say: ‘‘Vote for this than delivering it right now. I will de- post offices will impose on families and bill,’’ which gives the Postal Service liver my statement after the vote, but businesses of their states, I say: ‘‘Vote tools to bring in fresh revenues by of- I do wish to thank Senator LIEBERMAN, for this bill.’’ fering new products and services, such Senator SCOTT BROWN, Senator CAR- It requires the Postal Service issue as contracting with state and local PER, all the staffs who have worked so service standards that ensure commu- governments to issue state licenses, hard. nities throughout the country have ac- shipping beer, wine and distilled spir- Today, assuming we get those 60 cess to retail postal services, and re- its, and creating specialized Internet votes, we have proven the Senate can quires offering alternatives to closures, services. tackle an enormous problem in a bipar- such as reduced hours at existing fa- It also sets up a blue ribbon panel to tisan way and make real progress on an cilities, or permitting private contrac- develop a new strategic blueprint for issue that matters to our economy and tors or rural carriers to provide serv- the Postal Service for this new age. to the American people. ices. Finally, in many ways the debate Thank you, Madam President. To all my colleagues who worry over postal reform is a mirror of the The PRESIDING OFFICER. The Sen- about the loss of postal processing fa- overall budget debate—but writ small. ator from Tennessee. Mr. CORKER. I thank the leaders for cilities in their states, and the jobs and We confront a financial crisis that their excellent work and the people services that will go with them, I say: could wreak havoc on our economy who joined them. I think the policy has ‘‘Vote for this bill.’’ were the Postal Service to run out of been debated well. I do wish to say, at While it permits the Postal Service money and be forced to severely slash the beginning there was discussion to eliminate excess capacity, it also re- services. Yet no one wants to cut any that there be a 60-vote threshold at the quires it to maintain an overnight de- services or raise any rates on anybody. end and that some of the amendments livery standard—although for some- This bill will not solve all the prob- might improve the funding aspect. I what smaller geographic areas. And the lems that confront the Postal Service, still want to say one more time that a maximum standard delivery time—3 but it is a beginning. This bill rep- vote for this bill is a vote to increase days for a letter mailed anywhere in resents a clear-eyed and pragmatic way our deficit this year by $11 billion and the continental United States—would forward for the Postal Service—one a vote to violate the Budget Control remain unchanged. that avoids panic or complacency. That means fewer plant closings. It is the kind of balanced and bipar- Act that we just passed last year. I appreciate the work. I do wish we To all my colleagues who worry tisan approach we will need to deal had worked to pay for this. We have about the loss of Saturday delivery, I with the even bigger problems with not done that. I would like to remind say: ‘‘Vote for this bill,’’ which takes a fast-approaching deadlines racing to- everyone voting for this that we are, in responsible, balanced approach to this wards us—like the expiration of the fact, adding $11 billion to our deficit, difficult issue. Bush tax cuts and the sequestration of more so than was laid out by the Budg- The bill prohibits implementation of military funding. et Control Act. 5-day delivery for 2 years and requires So to my colleagues who worry about The PRESIDING OFFICER. The Re- the Postal Service to determine if the our ability to get big things done and publican leader is recognized. other cost-saving measures in this bill who want to prove to the American Mr. MCCONNELL. Madam President, have made cancelling Saturday service people—and ourselves—that Congress I wish to take a moment to congratu- unnecessary—and to tell us how it can rise above partisan and parochial late both the chairman, Senator LIE- plans to cushion the impacts on the interests and work for the good of all BERMAN, and the ranking member, Sen- businesses and communities it serves if Americans, I urge you to pass this bill. ator COLLINS, for handling a very dif- I do want to thank the three col- it decides to go to five days. ficult bill. It is, in my view, the way we leagues on our committee—Senator Only if the Comptroller General and ought to legislate. We had a number of COLLINS, Senator CARPER, Senator the Postal Regulatory Commission re- amendments that were important to BROWN—for the work everyone did to view the evidence and conclude that our Members. We are glad they had an bring about a bipartisan bill that will the change is necessary, will the switch opportunity to offer them. I wanted to bring necessary change to the Postal to 5-day service be allowed. just take a moment to congratulate To all my colleagues who worry Service in order to save it. Make no Senator COLLINS and Senator LIEBER- about the Postal Service’s bleak finan- mistake about it, this bill will bring MAN for a very skillful job handling the change that the post office needs to cial outlook, I say: ‘‘Vote for this bill,’’ this very difficult piece of legislation. which provides crucial financial stay alive, serving the people and busi- Mr. LIEBERMAN. Madam President, breathing room to help ward off some nesses of our country. I ask for the yeas and nays. of the drastic cuts I just spoke of. Here is the bottom line. The Postal The PRESIDING OFFICER. Is there a First, not one dollar of taxpayer Service itself says that within 3 years, sufficient second? There appears to be money is being used. This is not a post- as sections of this bill are phased in, a sufficient second. al ‘‘bailout.’’ they will reduce their cost of operating The yeas and nays were ordered. Roughly $11 billion in USPS overpay- by $19 billion and probably in the year The PRESIDING OFFICER. Under ments to the Federal Employee Retire- after that they will go into balance. the previous order, the substitute ment System will be refunded and used That is what this bill will accomplish. amendment, as modified and amended, to encourage its 100,000 workers at or I again thank my colleagues on the is agreed to. near retirement age to take voluntary committee and the staffs of both sides The question is on the engrossment buyouts that could save $8 billion a and the floor staffs on both sides for and third reading of the bill. year. the extraordinary work over a long pe- The bill, as amended, was ordered to Money left over can also be used to riod that was done to get us to this be engrossed for a third reading and retire debt. point. was read the third time. The bill also reduces the amount the We still need 60 votes to pass this The PRESIDING OFFICER. Under Postal Service has to pay each year to bill. I appeal to my colleagues to do so, the previous order, the question occurs

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.066 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2696 CONGRESSIONAL RECORD — SENATE April 25, 2012 on S. 1789, as amended. The clerk will Mike Alexander, Staff Director; Holly There is still much work to be done, call the roll. Idelson, Senior Counsel; Jason Yanussi, including working with our colleagues The assistant legislative clerk called Senior Professional Staff Member; Les- in the House to present the President the roll. lie Phillips, Communications Director; with a bill he can sign. Mr. KYL. The following Senator is Sara Lonardo, Press Secretary; Scott Nevertheless, I appreciate the solid necessarily absent: the Senator from Campbell, Communications Advisor; bipartisan support that this bill re- Illinois (Mr. KIRK). Rob Bradley, Legislative Aide, and ceived. It’s gratifying that so many of The PRESIDING OFFICER. Are there Staff Assistant Nick Trager. my colleagues understand that the any other Senators in the Chamber de- From Senator COLLINS’ staff, I would Postal Service should not choose the siring to vote? like to thank Katy French, Deputy destructive path of cutting service and The result was announced—yeas 62, Staff Director; John Kane, Professional raising prices. nays 37, as follows: Staff Member; Katie Adams, Profes- This vote sends the message that we [Rollcall Vote No. 82 Leg.] sional Staff Member; Cassie D’Souza, can’t allow the Postal Service to drive YEAS—62 detailee from the Postal Regulatory customers away to other communica- Alexander Franken Murray Commission; Nick Rossi, Staff Director tion options. Once they leave the mail Baucus Gillibrand Nelson (NE) and E.R. Anderson, Press Secretary. system, they won’t be coming back, Begich Grassley Nelson (FL) From our Federal Financial Manage- and the Postal Service will be sucked Bennet Hagan Pryor further into a death spiral. Bingaman Harkin Reed ment Subcommittee, which is chaired Blumenthal Hoeven by Senator CARPER and Ranking Mem- As we move toward a conference with Reid the House, we must continue to resist Blunt Inouye Roberts ber SCOTT BROWN, I also want to thank Boozman Johnson (SD) Sanders ill-conceived policy changes. We must Boxer Kerry John Kilvington, Staff Director for the Schumer avoid short term ‘‘fixes’’ that under- Brown (MA) Klobuchar majority and Justin Stevens, Profes- Shaheen Brown (OH) Kohl mine service and thus jeopardize the Snowe sional Staff Member, from the minor- Cantwell Landrieu ity. long-term sustainability of this Amer- Cardin Lautenberg Stabenow ican institution. Tester And I would also like to thank all of Carper Leahy Today’s vote is also a win for biparti- Casey Levin Udall (CO) the staff for the majority and minority sanship. Cochran Lieberman Udall (NM) leaders, especially Gary Myrick and Collins McCaskill Warner Americans are rightly frustrated Conrad Merkley Webb Tim Mitchell and Dave Schiappa who about what many feel is a dysfunc- Coons Mikulski Whitehouse of course make everything happen on tional Congress. With enormous prob- Durbin Moran Wicker the floor of the Senate. Feinstein Murkowski Wyden lems facing our country and Congress Thomas Jefferson once asked the having little to show by way of accom- NAYS—37 question: ‘‘What duty does a citizen plishments, the process we’ve just com- Akaka Hatch Menendez owe to the government that secures pleted on this bill demonstrates that it Ayotte Heller Paul the society in which he lives?’’ is sometimes possible for Congress to Barrasso Hutchison Portman Answering his own question, Jeffer- Burr Inhofe Risch do more and bicker less. Chambliss Isakson Rockefeller son said: ‘‘A nation that rests on the Today we see what can happen when Coats Johanns Rubio will of the people must also depend on Republicans and Democrats work to- Coburn Johnson (WI) Sessions individuals to support its institutions gether; when Senators from big states Corker Kyl Shelby Cornyn Lee if it is to flourish. Persons qualified for Thune and small find common ground. We can Crapo Lugar public service should feel an obligation Toomey achieve important policy for those who DeMint Manchin Vitter to make that contribution.’’ sent us here. Enzi McCain These dedicated staff members an- Graham McConnell I want to thank Senator MCCONNELL swered Jefferson’s call to duty and I for working with us so well to preserve NOT VOTING—1 am proud to be able to work with such an amendment process that fostered Kirk people. healthy debate and allowed our col- The PRESIDING OFFICER. Under Negotiations on the contours of the leagues to get votes on their priorities. the previous order requiring 60 votes bill that would become S. 1789 began Of course, I must also thank Majority for passage of the bill, the bill, as last October with members of Ranking Leader REID for pushing hard to resolve amended, is passed. Member COLLINS’ and Senator CAR- differences in order to create a success- The bill (S. 1789), as amended, was PER’s staffs. ful process once the bill was brought to passed. The goal was to create a bipartisan the floor. I know that we would not (The bill will be printed in a future bill that would gain support first in the have had the support that we had for edition of the RECORD.) Committee and then on the floor of the final passage of this bill without the Mr. LIEBERMAN. Madam President, Senate. Leaders working together to ensure an with the passage today of S. 1789, we Today’s vote to pass S. 1789 shows the amendment process that was fair and have given the United States Postal long nights and weekends that went reasonable. Service—created more than two cen- into this bill were worth it. As always, Chairman LIEBERMAN’s turies ago in the age of inkwells and So again, my thanks to our staffs and commitment to bipartisanship is un- quill pens—the tools to thrive in the for all the work you do for the Amer- matched, and it’s making him ex- age of e-mail and the Internet. ican people. tremely busy and productive in his last Overall, about 8 million jobs hung in Ms. COLLINS. Madam President, this year in the Senate. This marks the the balance, as well as the needs of is an important victory for the U.S. third bill we have shepherded through every household and business in Amer- Postal Service and the American econ- to Senate passage in this Congress. I ica that depends on the Postal Service omy. hope to work with him successfully on to deliver everything from medicines The Postal Service is the linchpin of at least one more bill—cybersecurity. to spare parts. a $1.1 trillion mailing and mail-related Senator SCOTT BROWN has already Passage of this bill is a bipartisan industry that employs nearly 8.7 mil- built an impressive record as a key victory that reflects well on the Senate lion Americans in fields as diverse as voice for both postal reform and the and I want to take this moment to mail, printing, catalog companies and STOCK Act. I appreciate his partner- thank the many dedicated staff, from paper manufacturing. Those industries ship on both of these important meas- the majority and minority who helped and the jobs they sustain are in jeop- ures. He has become an independent make it possible. ardy. leader for common sense and I thank From my staff on the Homeland Se- The Postal Service lost $13.6 billion him. curity and Governmental I would like over the past two years and has seen a I appreciate Senator CARPER’s leader- to thank Beth Grossman, Deputy Staff 26 percent drop in first class mail since ship on this bill. We have been working Director and Chief Counsel; Larry 2006. together on postal issues for many Novey, Chief Counsel for Governmental But today we have begun to right the years, and I am grateful for his exper- Affairs; Kenya Wiley, Staff Counsel; ship. tise and dedication.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.067 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2697 My bipartisan cosponsors and I con- says his customers have told him that that will make it impossible for the sulted extensively with postal cus- they have stopped mailing because of Postal Service to close and consolidate tomers, both business and residential, the unknown future of the Postal Serv- underutilized post offices and mail- postal workers, and local communities ice. This is but one example of the im- processing facilities. These roadblocks deeply committed to preserving their pact that a failing Postal Service has fly in the face of the hard reality that postal facilities. We could not have on businesses large and small across the Postal Service lost $13 billion in gotten this bill passed through the the country. the past 2 years due to its failing busi- Senate without their important con- So, that is why I am so pleased that ness model and the changes in the way tributions, cooperation, creativity and we can show the American people that, the American public communicates. support. yes, once again the U.S. Senate can S. 1789 also prevents the Postal Serv- This bill would not have been pos- come together in a bipartisan manner ice from moving to 5-day delivery, at a sible without the hard work and dedi- and solve real problems. savings of anywhere from $1.7 to $3 bil- cation of our staff, and I’d like to rec- In a Congress infamous for gridlock lion annually and is one of the largest ognize some of them personally. and division, the passage of this bill is single steps available to restore their Katy French, John Kane, Katie proof positive of the results when we financial solvency. The Postmaster Adams, and Cassie D’Souza on my work together in good faith. General has been coming to Congress staff, have been working for four Reforming the Postal Service is no since 2009 asking for this flexibility, months as if this bill were coming to easy task and there are no easy an- and the American people overwhelm- the floor the next day. My Committee swers. Millions of jobs, a trillion-dollar ingly support this move. The Senate, staff director, Nick Rossi, press sec- mailing industry, and an institution as however, chose to protect the 6-day de- retary, E.R. Anderson, and other mem- old as this Nation are all at stake. livery of junk mail even with first- bers of our team have ably supported But this shows that a majority of class mail, which makes up more than them. Justin Stevens on Senator SCOTT Members here knew that resolving the half of postal revenues, on a downward BROWN’s staff has been an incredible crisis at the Postal Service would re- spiral with no sign of recovery. partner as well. quire a balanced approach, some dif- Finally, this bill continues the harm- Their colleagues across the aisle were ficult decisions, and a lot of com- ful practice of passing bills that are models of hard work and collegiality, promise to see a bill passed. not paid for. S. 1789 has at least five and I want to thank them, especially We all recognize the new business en- budget points of order against it, and the Chairman’s staff, Mike Alexander, vironment that the Postal Service op- instead of being fiscally responsible Beth Grossman, Kenya Wiley, and erates in, but we also know that the and pay for this bill as promised, the Larry Novey, and John Kilvington of focus had to be on helping the Postal Senate agreed to move forward and Senator CARPER’s staff. I know it’s Service sustain their customer base in stick the American taxpayer with the been hard work, but the staff have the that environment, not surrender to it. tab. If we are not willing to keep our highest level of professionalism, I am proud of this bill and the exam- promise and abide by the spending lim- collegiality, patience with each other ple this sets for the power of biparti- its we put in place, we are not really and the process and it’s made the chal- sanship for the rest of this session. serious about fixing our countries fi- lenge of bringing this bill to the floor a The other cosponsors—Senators LIE- nancial problems. rewarding one. BERMAN, COLLINS, and CARPER have Congress can no longer enact tem- Finally, I can’t thank enough the been setting this example for some porary fixes that avert financial crisis long-suffering floor staff, who have time. I have been proud to be in their for only a brief period. If we continue been incredibly patient, helpful and company on this bill and thank them to act in this irresponsible way, the have gone out of their way to serve for their leadership on this important American taxpayer will be the one that many competing agendas with grace. issue. ultimately suffers in the form of higher Thank you especially to David With the recent passage of the postage prices and taxpayer bailouts. Schiappa with Senator MCCONNELL’s STOCK Act and the crowdfunding bill, We must make hard choices now so fu- staff and his team in the Republican I feel like we have all been on kind of ture generations of Americans will cloakroom, and Gary Myrick and his a streak lately. I hope that it con- have a viable Postal Service. team, with the Majority Leader. tinues and that our colleagues in the The PRESIDING OFFICER. The ma- Our work isn’t done. Today is just House can now take our lead and pass jority leader. a balanced postal reform bill as well. the first step on a long road ahead. We f must move a bill to the President’s The Postal Service is running out of desk. The House has a bill that awaits time and they cannot afford any fur- ORDER OF BUSINESS floor consideration. We will come to- ther delay. Mr. REID. Madam President, there gether for a conference process. More Mr. MCCAIN. Mr. President, I voted are a number of issues we are trying to compromises will have to be made against S. 1789 because short-term fi- resolve and we are going to try to do along the way. But we can’t forget the nancial relief for the Postal Service that as quickly as possible and notify urgency of our task—saving the Postal that will ultimately lead to a taxpayer the Senate as to what is going to hap- Service for the next generation of bailout is no longer acceptable. Ac- pen next. At this stage, I don’t know, Americans. cording to the Postal Service, S. 1789 but we are working on it. So I suggest Mr. BROWN of Massachusetts. ‘‘does not provide the Postal Service the absence of a quorum. Madam President, I thank my col- with the speed and flexibility it needs The PRESIDING OFFICER. The leagues for their support on final pas- to achieve the $20 billion in cost reduc- clerk will call the roll. sage of this critical piece of legislation. tions’’ and they will need additional The assistant legislative clerk pro- This is an important first step for- legislative action in 2 to 3 years. ceeded to call the roll. ward towards putting the Postal Serv- The bill is designed to keep the cur- Mr. LEAHY. Mr. President, I ask ice on a path for solvency and success rent failing Postal Service business unanimous consent that the order for in the future. model in place by halting the struc- the quorum call be rescinded. The long-term survival of the Postal tural changes the Postal Service says The PRESIDING OFFICER (Mr. BEN- Service is an issue that touches every it needs to ensure its long-term viabil- NET). Without objection, it is so or- single home, community, and business ity. Instead of the Senate dealing with dered. in this country, including in my home the real problems, such as 80 percent f State of Massachusetts. Its poor finan- labor costs and consolidating the ex- cial health is a real problem. cess retail network of the Postal Serv- UNANIMOUS CONSENT There is an envelope company in ice, the bill continues to allow no-lay- AGREEMENT—S. 1925 Worcester that has had to recently lay off clauses in union contracts, will lock Mr. LEAHY. Mr. President, I ask off almost a third of its workforce be- in unsustainable mail service stand- unanimous consent that following the cause incoming orders have dropped by ards, and place new litigious processes, adoption of the motion to proceed to S. a quarter from last year. The owner restrictions, regulations, and appeals 1925, the Senate be in a period of debate

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.029 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2698 CONGRESSIONAL RECORD — SENATE April 25, 2012 only on the bill for the remainder of to- Sec. 402. Saving money and reducing tragedies (D) paragraphs (6) through (9) as paragraphs day’s session; that when the Senate re- through prevention grants. (8) through (11), respectively; sumes consideration of the bill on TITLE V—STRENGTHENING THE (E) paragraphs (10) through (16) as para- graphs (13) through (19), respectively; Thursday, April 26, it be for debate HEALTHCARE SYSTEM’S RESPONSE TO DOMESTIC VIOLENCE, DATING VIO- (F) paragraph (18) as paragraph (20); only until 11:30 a.m. (G) paragraphs (19) and (20) as paragraphs The PRESIDING OFFICER. Without LENCE, SEXUAL ASSAULT, AND STALK- ING (23) and (24), respectively; objection, it is so ordered. (H) paragraphs (21) through (23) as para- Sec. 501. Consolidation of grants to strengthen f graphs (26) through (28), respectively; the healthcare system’s response (I) paragraphs (24) through (33) as para- VIOLENCE AGAINST WOMEN to domestic violence, dating vio- graphs (30) through (39), respectively; REAUTHORIZATION ACT OF 2011 lence, sexual assault, and stalk- (J) paragraphs (34) and (35) as paragraphs ing. (43) and (44); and The PRESIDING OFFICER. Under TITLE VI—SAFE HOMES FOR VICTIMS OF (K) paragraph (37) as paragraph (45); the previous order, the Senate adopts DOMESTIC VIOLENCE, DATING VIO- (2) by inserting before paragraph (2), as redes- the motion to proceed to S. 1925, which LENCE, SEXUAL ASSAULT, AND STALK- ignated, the following: the clerk will state by title. ING ‘‘(1) ALASKA NATIVE VILLAGE.—The term The legislative clerk read as follows: Sec. 601. Housing protections for victims of do- ‘Alaska Native village’ has the same meaning given such term in the Alaska Native Claims A bill (S. 1925) to reauthorize the Violence mestic violence, dating violence, Settlement Act (43 U.S.C. 1601 et seq.).’’; Against Women Act of 1994. sexual assault, and stalking. Sec. 602. Transitional housing assistance grants (3) in paragraph (3), as redesignated, by strik- The Senate proceeded to consider the for victims of domestic violence, ing ‘‘serious harm.’’ and inserting ‘‘serious bill which had been reported from the dating violence, sexual assault, harm to an unemancipated minor.’’; (4) in paragraph (4), as redesignated, by strik- Committee on the Judiciary with an and stalking. amendment to strike all after the en- Sec. 603. Addressing the housing needs of vic- ing ‘‘The term’’ through ‘‘that—’’ and inserting acting clause and insert in lieu thereof tims of domestic violence, dating ‘‘The term ‘community-based organization’ means a nonprofit, nongovernmental, or tribal the following: violence, sexual assault, and stalking. organization that serves a specific geographic SECTION 1. SHORT TITLE. community that—’’; This Act may be cited as the ‘‘Violence TITLE VII—ECONOMIC SECURITY FOR (5) by striking paragraph (5), as in effect be- Against Women Reauthorization Act of 2011’’. VICTIMS OF VIOLENCE fore the amendments made by this subsection; SEC. 2. TABLE OF CONTENTS. Sec. 701. National Resource Center on Work- (6) by inserting after paragraph (7), as redes- The table of contents for this Act is as follows: place Responses to assist victims ignated, the following: of domestic and sexual violence. ‘‘(6) CULTURALLY SPECIFIC SERVICES.—The Sec. 1. Short title. term ‘culturally specific services’ means commu- Sec. 2. Table of contents. TITLE VIII—PROTECTION OF BATTERED Sec. 3. Universal definitions and grant condi- IMMIGRANTS nity-based services that include culturally rel- tions. Sec. 801. U nonimmigrant definition. evant and linguistically specific services and re- Sec. 4. Effective date. Sec. 802. Annual report on immigration applica- sources to culturally specific communities. ‘‘(7) CULTURALLY SPECIFIC.—The term ‘cul- TITLE I—ENHANCING JUDICIAL AND LAW tions made by victims of abuse. Sec. 803. Protection for children of VAWA self- turally specific’ means primarily directed to- ENFORCEMENT TOOLS TO COMBAT VIO- ward racial and ethnic minority groups (as de- LENCE AGAINST WOMEN petitioners. Sec. 804. Public charge. fined in section 1707(g) of the Public Health Sec. 101. Stop grants. Sec. 805. Requirements applicable to U visas. Service Act (42 U.S.C. 300u–6(g)).’’; Sec. 102. Grants to encourage arrest policies Sec. 806. Hardship waivers. (7) in paragraph (8), as redesignated, by in- and enforcement of protection or- Sec. 807. Protections for a fiance´e or fiance´ of a serting ‘‘or intimate partner’’ after ‘‘former ders. citizen. spouse’’ and ‘‘as a spouse’’; Sec. 103. Legal assistance for victims. Sec. 808. Regulation of international marriage (8) by inserting after paragraph (11), as redes- Sec. 104. Consolidation of grants to support brokers. ignated, the following: families in the justice system. Sec. 809. Eligibility of crime and trafficking vic- ‘‘(12) HOMELESS.—The term ‘homeless’ has the Sec. 105. Sex offender management. tims in the Commonwealth of the meaning provided in 42 U.S.C. 14043e–2(6).’’; Sec. 106. Court-appointed special advocate pro- Northern Mariana Islands to ad- (9) in paragraph (18), as redesignated, by in- gram. just status. serting ‘‘or Village Public Safety Officers’’ after ‘‘government victim service programs; Sec. 107. Criminal provision relating to stalk- TITLE IX—SAFETY FOR INDIAN WOMEN ing, including cyberstalking. (10) in paragraph (21), as redesignated, by in- Sec. 108. Outreach and services to underserved Sec. 901. Grants to Indian tribal governments. serting at the end the following: Sec. 902. Grants to Indian tribal coalitions. populations grant. ‘‘Intake or referral, by itself, does not constitute Sec. 903. Consultation. Sec. 109. Culturally specific services grant. legal assistance.’’; Sec. 904. Tribal jurisdiction over crimes of do- (11) by striking paragraph (17), as in effect be- TITLE II—IMPROVING SERVICES FOR VIC- mestic violence. fore the amendments made by this subsection; TIMS OF DOMESTIC VIOLENCE, DATING Sec. 905. Tribal protection orders. (12) by amending paragraph (20), as redesig- VIOLENCE, SEXUAL ASSAULT, AND Sec. 906. Amendments to the Federal assault nated, to read as follows: STALKING statute. ‘‘(20) PERSONALLY IDENTIFYING INFORMATION Sec. 201. Sexual assault services program. Sec. 907. Analysis and research on violence OR PERSONAL INFORMATION.—The term ‘person- Sec. 202. Rural domestic violence, dating vio- against Indian women. ally identifying information’ or ‘personal infor- lence, sexual assault, stalking, Sec. 908. Effective dates; pilot project. mation’ means individually identifying informa- and child abuse enforcement as- Sec. 909. Indian law and order commission. tion for or about an individual including infor- sistance. TITLE X—OTHER MATTERS mation likely to disclose the location of a victim Sec. 203. Training and services to end violence Sec. 1001. Criminal provisions relating to sexual of domestic violence, dating violence, sexual as- against women with disabilities abuse. sault, or stalking, regardless of whether the in- grants. Sec. 1002. Sexual abuse in custodial settings. formation is encoded, encrypted, hashed, or oth- Sec. 204. Enhanced training and services to end Sec. 1003. Anonymous online harassment. erwise protected, including— abuse in later life. Sec. 1004. Stalker database. ‘‘(A) a first and last name; TITLE III—SERVICES, PROTECTION, AND Sec. 1005. Federal victim assistants reauthoriza- ‘‘(B) a home or other physical address; JUSTICE FOR YOUNG VICTIMS OF VIO- tion. ‘‘(C) contact information (including a postal, LENCE Sec. 1006. Child abuse training programs for ju- e-mail or Internet protocol address, or telephone Sec. 301. Rape prevention and education grant. dicial personnel and practitioners or facsimile number); Sec. 302. Creating hope through outreach, op- reauthorization. ‘‘(D) a social security number, driver license tions, services, and education for Sec. 1007. Mandatory minimum sentence. number, passport number, or student identifica- Sec. 1008. Removal of drunk drivers. children and youth. tion number; and ‘‘(E) any other information, including date of Sec. 303. Grants to combat violent crimes on SEC. 3. UNIVERSAL DEFINITIONS AND GRANT CONDITIONS. birth, racial or ethnic background, or religious campuses. Sec. 304. Campus sexual violence, domestic vio- (a) DEFINITIONS.—Subsection (a) of section affiliation, that would serve to identify any in- lence, dating violence, and stalk- 40002 of the Violence Against Women Act of 1994 dividual.’’; (13) by inserting after paragraph (20), as re- ing education and prevention. (42 U.S.C. 13925(a)) is amended— (1) by redesignating— designated, the following: TITLE IV—VIOLENCE REDUCTION (A) paragraph (1) as paragraph (2); ‘‘(21) POPULATION SPECIFIC ORGANIZATION.— PRACTICES (B) paragraph (2) as paragraph (3); The term ‘population specific organization’ Sec. 401. Study conducted by the centers for (C) paragraphs (3) and (4) as paragraphs (4) means a nonprofit, nongovernmental organiza- disease control and prevention. and (5), respectively; tion that primarily serves members of a specific

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00036 Fmt 4624 Sfmt 6333 E:\CR\FM\G25AP6.072 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2699 underserved population and has demonstrated underserved by the Attorney General or by the ‘‘(ii) In no circumstances may— experience and expertise providing targeted Secretary of Health and Human Services, as ap- ‘‘(I) an adult, youth, or child victim of domes- services to members of that specific underserved propriate.’’; tic violence, dating violence, sexual assault, or population. (22) by inserting after paragraph (39), as re- stalking be required to provide a consent to re- ‘‘(22) POPULATION SPECIFIC SERVICES.—The designated, the following: lease his or her personally identifying informa- term ‘population specific services’ means victim- ‘‘(40) UNIT OF LOCAL GOVERNMENT.—The term tion as a condition of eligibility for the services centered services that address the safety, health, ‘unit of local government’ means any city, coun- provided by the grantee or subgrantee; economic, legal, housing, workplace, immigra- ty, township, town, borough, parish, village, or ‘‘(II) any personally identifying information tion, confidentiality, or other needs of victims of other general purpose political subdivision of a be shared in order to comply with Federal, trib- domestic violence, dating violence, sexual as- State.’’; al, or State reporting, evaluation, or data collec- sault, or stalking, and that are designed pri- (23) by striking paragraph (36), as in effect be- tion requirements, whether for this program or marily for and are targeted to a specific under- fore the amendments made by this subsection, any other Federal, tribal, or State grant pro- served population.’’; and inserting the following: gram.’’; (14) in paragraph (23), as redesignated, by ‘‘(41) VICTIM SERVICES OR SERVICES.—The (C) by redesignating subparagraph (E) as sub- striking ‘‘services’’ and inserting ‘‘assistance’’; terms ‘victim services’ and ‘services’ means serv- paragraph (F); (15) by inserting after paragraph (24), as re- ices provided to victims of domestic violence, (D) by inserting after subparagraph (D) the designated, the following: dating violence, sexual assault, or stalking, in- following: ‘‘(25) RAPE CRISIS CENTER.—The term ‘rape cluding telephonic or web-based hotlines, legal ‘‘(E) STATUTORILY MANDATED REPORTS OF crisis center’ means a nonprofit, nongovern- advocacy, economic advocacy, emergency and ABUSE OR NEGLECT.—Nothing in this section pro- mental, or tribal organization, or governmental transitional shelter, accompaniment and advo- hibits a grantee or subgrantee from reporting entity in a State other than a Territory that cacy through medical, civil or criminal justice, suspected abuse or neglect, as those terms are provides intervention and related assistance, as immigration, and social support systems, crisis defined and specifically mandated by the State specified in 42 U.S.C. 14043g(b)(2)(C), to victims intervention, short-term individual and group or tribe involved.’’; and of sexual assault without regard to their age. In support services, information and referrals, cul- (E) by inserting after subparagraph (F), as re- the case of a governmental entity, the entity turally specific services, population specific designated, the following: may not be part of the criminal justice system services, and other related supportive services. ‘‘(G) CONFIDENTIALITY ASSESSMENT AND AS- (such as a law enforcement agency) and must be ‘‘(42) VICTIM SERVICE PROVIDER.—The term SURANCES.—Grantees and subgrantees must doc- able to offer a comparable level of confiden- ‘victim service provider’ means a nonprofit, non- ument their compliance with the confidentiality tiality as a nonprofit entity that provides simi- governmental or tribal organization or rape cri- and privacy provisions required under this sec- lar victim services.’’; sis center, including a State or tribal coalition, tion.’’; (16) in paragraph (26), as redesignated— that assists or advocates for domestic violence, (2) by striking paragraph (3) and inserting the (A) in subparagraph (A), by striking ‘‘or’’ dating violence, sexual assault, or stalking vic- following: after the semicolon; tims, including domestic violence shelters, faith- ‘‘(3) APPROVED ACTIVITIES.—In carrying out (B) in subparagraph (B), by striking the pe- based organizations, and other organizations, the activities under this title, grantees and sub- riod and inserting ‘‘; or’’; and with a documented history of effective work grantees may collaborate with or provide infor- (C) by inserting at the end the following: concerning domestic violence, dating violence, mation to Federal, State, local, tribal, and terri- ‘‘(C) any federally recognized Indian tribe.’’; sexual assault, or stalking.’’; and torial public officials and agencies to develop (17) in paragraph (27), as redesignated— (24) by striking paragraph (43), as redesig- and implement policies and develop and promote (A) by striking ‘‘52’’ and inserting ‘‘57’’; and nated, and inserting the following: State, local, or tribal legislation or model codes (B) by striking ‘‘150,000’’ and inserting ‘‘(43) YOUTH.—The term ‘youth’ means a per- designed to reduce or eliminate domestic vio- ‘‘250,000’’; son who is 11 to 24 years old.’’. lence, dating violence, sexual assault, and stalk- (18) by striking paragraph (28), as redesig- (b) GRANTS CONDITIONS.—Subsection (b) of ing.’’; nated, and inserting the following: section 40002 of the Violence Against Women Act (3) in paragraph (7), by inserting at the end ‘‘(28) SEXUAL ASSAULT.—The term ‘sexual as- of 1994 (42 U.S.C. 13925(b)) is amended— the following: sault’ means any nonconsensual sexual act pro- (1) in paragraph (2)— ‘‘Final reports of such evaluations shall be scribed by Federal, tribal, or State law, includ- (A) in subparagraph (B), by striking clauses made available to the public via the agency’s ing when the victim lacks capacity to consent.’’; (i) and (ii) and inserting the following: website.’’; and (19) by inserting after paragraph (28), as re- ‘‘(i) disclose, reveal, or release any personally (4) by inserting after paragraph (11) the fol- designated, the following: identifying information or individual informa- lowing: ‘‘(29) SEX TRAFFICKING.—The term ‘sex traf- tion collected in connection with services re- ‘‘(12) DELIVERY OF LEGAL ASSISTANCE.—Any ficking’ means any conduct proscribed by 18 quested, utilized, or denied through grantees’ grantee or subgrantee providing legal assistance U.S.C. 1591, whether or not the conduct occurs and subgrantees’ programs, regardless of wheth- with funds awarded under this title shall com- in interstate or foreign commerce or within the er the information has been encoded, encrypted, ply with the eligibility requirements in section special maritime and territorial jurisdiction of hashed, or otherwise protected; or 1201(d) of the Violence Against Women Act of the United States.’’; ‘‘(ii) disclose, reveal, or release individual cli- 2000 (42 U.S.C. 3796gg–6(d)). (20) by striking paragraph (35), as redesig- ent information without the informed, written, ‘‘(13) CIVIL RIGHTS.— nated, and inserting the following: reasonably time-limited consent of the person ‘‘(A) NONDISCRIMINATION.—No person in the ‘‘(35) TRIBAL COALITION.—The term ‘tribal co- (or in the case of an unemancipated minor, the United States shall, on the basis of actual or alition’ means an established nonprofit, non- minor and the parent or guardian or in the case perceived race, color, religion, national origin, governmental Indian organization or a Native of legal incapacity, a court-appointed guardian) sex, gender identity (as defined in paragraph Hawaiian organization that— about whom information is sought, whether for 249(c)(4) of title 18, United States Code), sexual ‘‘(A) provides education, support, and tech- this program or any other Federal, State, tribal, orientation, or disability, be excluded from par- nical assistance to member Indian service pro- or territorial grant program, except that consent ticipation in, be denied the benefits of, or be viders in a manner that enables those member for release may not be given by the abuser of the subjected to discrimination under any program providers to establish and maintain culturally minor, incapacitated person, or the abuser of or activity funded in whole or in part with appropriate services, including shelter and rape the other parent of the minor. funds made available under the Violence crisis services, designed to assist Indian women If a minor or a person with a legally appointed Against Women Act of 1994 (title IV of Public and the dependents of those women who are vic- guardian is permitted by law to receive services Law 103–322; 108 Stat. 1902), the Violence tims of domestic violence, dating violence, sex- without the parent’s or guardian’s consent, the Against Women Act of 2000 (division B of Public ual assault, and stalking; and minor or person with a guardian may release in- Law 106–386; 114 Stat. 1491), the Violence ‘‘(B) is comprised of board and general mem- formation without additional consent.’’; Against Women and Department of Justice Re- bers that are representative of— (B) by amending subparagraph (D), to read as authorization Act of 2005 (title IX of Public Law ‘‘(i) the member service providers described in follows: 109–162; 119 Stat. 3080), the Violence Against subparagraph (A); and ‘‘(D) INFORMATION SHARING.— Women Reauthorization Act of 2011, and any ‘‘(ii) the tribal communities in which the serv- ‘‘(i) Grantees and subgrantees may share— other program or activity funded in whole or in ices are being provided;’’; ‘‘(I) nonpersonally identifying data in the ag- part with funds appropriated for grants, cooper- (21) by amending paragraph (39), as redesig- gregate regarding services to their clients and ative agreements, and other assistance adminis- nated, to read as follows: nonpersonally identifying demographic informa- tered by the Office on Violence Against Women. ‘‘(39) UNDERSERVED POPULATIONS.—The term tion in order to comply with Federal, State, trib- ‘‘(B) EXCEPTION.—If sex segregation or sex- ‘underserved populations’ means populations al, or territorial reporting, evaluation, or data specific programming is necessary to the essen- who face barriers in accessing and using victim collection requirements; tial operation of a program, nothing in this services, and includes populations underserved ‘‘(II) court-generated information and law en- paragraph shall prevent any such program or because of geographic location, religion, sexual forcement-generated information contained in activity from consideration of an individual’s orientation, gender identity, underserved racial secure, governmental registries for protection sex. In such circumstances, grantees may meet and ethnic populations, populations under- order enforcement purposes; and the requirements of this paragraph by providing served because of special needs (such as lan- ‘‘(III) law enforcement-generated and pros- comparable services to individuals who cannot guage barriers, disabilities, alienage status, or ecution-generated information necessary for law be provided with the sex-segregated or sex-spe- age), and any other population determined to be enforcement and prosecution purposes. cific programming.

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‘‘(C) DISCRIMINATION.—The authority of the ‘‘(I) deposit an amount equal to the grant VII, and sections 602, 901, and 902 of this Act Attorney General and the Office of Justice Pro- funds that were improperly awarded to the shall not take effect until the beginning of the grams to enforce this paragraph shall be the grantee into the General Fund of the Treasury; fiscal year following the date of enactment of same as it is under section 3789d of title 42, and this Act. United States Code. ‘‘(II) seek to recoup the costs of the repayment TITLE I—ENHANCING JUDICIAL AND LAW ‘‘(D) CONSTRUCTION.—Nothing contained in to the fund from the grant recipient that was er- ENFORCEMENT TOOLS TO COMBAT VIO- this paragraph shall be construed, interpreted, roneously awarded grant funds. LENCE AGAINST WOMEN or applied to supplant, displace, preempt, or ‘‘(B) NONPROFIT ORGANIZATION REQUIRE- SEC. 101. STOP GRANTS. otherwise diminish the responsibilities and li- MENTS.— Title I of the Omnibus Crime Control and Safe abilities under other State or Federal civil rights ‘‘(i) DEFINITION.—For purposes of this para- law, whether statutory or common. graph and the grant programs described in this Streets Act of 1968 (42 U.S.C. 3711 et seq.) is ‘‘(14) CLARIFICATION OF VICTIM SERVICES AND Act, the term ‘nonprofit organization’ means an amended— (1) in section 1001(a)(18) (42 U.S.C. LEGAL ASSISTANCE.—Victim services and legal organization that is described in section assistance under this title also include services 501(c)(3) of the Internal Revenue Code of 1986 3793(a)(18)), by striking ‘‘$225,000,000 for each of and assistance to victims of domestic violence, and is exempt from taxation under section 501(a) fiscal years 2007 through 2011’’ and inserting dating violence, sexual assault, or stalking who of such Code. ‘‘$222,000,000 for each of fiscal years 2012 are also victims of severe forms of trafficking in ‘‘(ii) PROHIBITION.—The Attorney General through 2016’’; (2) in section 2001(b) (42 U.S.C. 3796gg(b))— persons as defined by section 103 of the Traf- may not award a grant under any grant pro- (A) in the matter preceding paragraph (1)— ficking Victims Protection Act of 2000 (22 U.S.C. gram described in this Act to a nonprofit organi- (i) by striking ‘‘equipment’’ and inserting ‘‘re- 7102). zation that holds money in offshore accounts for sources’’; and ‘‘(15) CONFERRAL.— the purpose of avoiding paying the tax described (ii) by inserting ‘‘for the protection and safety ‘‘(A) IN GENERAL.—The Office on Violence in section 511(a) of the Internal Revenue Code Against Women shall establish a biennial con- of victims,’’ after ‘‘women,’’; of 1986. (B) in paragraph (1), by striking ‘‘sexual as- ferral process with State and tribal coalitions ‘‘(iii) DISCLOSURE.—Each nonprofit organiza- sault’’ and all that follows through ‘‘dating vio- and technical assistance providers who receive tion that is awarded a grant under a grant pro- lence’’ and inserting ‘‘domestic violence, dating funding through grants administered by the Of- gram described in this Act and uses the proce- violence, sexual assault, and stalking, including fice on Violence Against Women and authorized dures prescribed in regulations to create a rebut- the appropriate use of nonimmigrant status by this Act, and other key stakeholders. table presumption of reasonableness for the com- under subparagraphs (T) and (U) of section ‘‘(B) AREAS COVERED.—The areas of conferral pensation of its officers, directors, trustees and 101(a)(15) of the Immigration and Nationality under this paragraph shall include— key employees, shall disclose to the Attorney Act (8 U.S.C. 1101(a))’’; ‘‘(i) the administration of grants; General, in the application for the grant, the ‘‘(ii) unmet needs; (C) in paragraph (2), by striking ‘‘sexual as- process for determining such compensation, in- sault and domestic violence’’ and inserting ‘‘do- ‘‘(iii) promising practices in the field; and cluding the independent persons involved in re- ‘‘(iv) emerging trends. mestic violence, dating violence, sexual assault, viewing and approving such compensation, the ‘‘(C) INITIAL CONFERRAL.—The first conferral and stalking’’; shall be initiated not later than 6 months after comparability data used, and contemporaneous (D) in paragraph (3), by striking ‘‘sexual as- the date of enactment of the Violence Against substantiation of the deliberation and decision. sault and domestic violence’’ and inserting ‘‘do- Women Reauthorization Act of 2011. Upon request, the Attorney General shall make mestic violence, dating violence, sexual assault, ‘‘(D) REPORT.—Not later than 90 days after the information disclosed under this subsection and stalking, as well as the appropriate treat- the conclusion of each conferral period, the Of- available for public inspection. ment of victims’’; fice on Violence Against Women shall publish a ‘‘(C) CONFERENCE EXPENDITURES.— (E) in paragraph (4)— ‘‘(i) LIMITATION.—No amounts authorized to comprehensive report that— (i) by striking ‘‘sexual assault and domestic ‘‘(i) summarizes the issues presented during be appropriated to the Department of Justice violence’’ and inserting ‘‘domestic violence, dat- conferral and what, if any, policies it intends to under this Act may be used by the Attorney ing violence, sexual assault, and stalking’’; and implement to address those issues; General, or by any individual or organization (ii) by inserting ‘‘, classifying,’’ after ‘‘identi- ‘‘(ii) is made available to the public on the Of- awarded discretionary funds through a coopera- fying’’; fice on Violence Against Women’s website and tive agreement under this Act, to host or support (F) in paragraph (5)— submitted to the Committee on the Judiciary of any expenditure for conferences that uses more (i) by inserting ‘‘and legal assistance’’ after the Senate and the Committee on the Judiciary than $20,000 in Department funds, unless the ‘‘victim services’’; of the House of Representatives. Deputy Attorney General or such Assistant At- (ii) by striking ‘‘domestic violence and dating ‘‘(16) ACCOUNTABILITY.—All grants awarded torney Generals, Directors, or principal deputies violence’’ and inserting ‘‘domestic violence, dat- by the Attorney General under this Act shall be as the Deputy Attorney General may designate, ing violence, and stalking’’; and subject to the following accountability provi- provides prior written authorization that the (iii) by striking ‘‘sexual assault and domestic sions: funds may be expended to host a conference. violence’’ and inserting ‘‘domestic violence, dat- ‘‘(A) AUDIT REQUIREMENT.— ‘‘(ii) WRITTEN APPROVAL.—Written approval ing violence, sexual assault, and stalking’’; ‘‘(i) IN GENERAL.—Beginning in the first fiscal under clause (i) shall include a written estimate (G) by striking paragraph (6) and redesig- year beginning after the date of the enactment of all costs associated with the conference, in- nating paragraphs (7) through (14) as para- of this Act, and in each fiscal year thereafter, cluding the cost of all food and beverages, graphs (6) through (13), respectively; the Inspector General of the Department of Jus- audiovisual equipment, honoraria for speakers, (H) in paragraph (6), as redesignated by sub- tice shall conduct audits of recipients of grants and any entertainment. paragraph (G), by striking ‘‘sexual assault and under this Act to prevent waste, fraud, and ‘‘(iii) REPORT.—The Deputy Attorney General domestic violence’’ and inserting ‘‘domestic vio- abuse of funds by grantees. The Inspector Gen- shall submit an annual report to the Committee lence, dating violence, sexual assault, and stalk- eral shall determine the appropriate number of on the Judiciary of the Senate and the Com- ing’’; grantees to be audited each year. mittee on the Judiciary of the House of Rep- (I) in paragraph (7), as redesignated by sub- ‘‘(ii) DEFINITION.—In this paragraph, the term resentatives on all approved conference expendi- paragraph (G), by striking ‘‘and dating vio- ‘unresolved audit finding’ means a finding in tures referenced in this paragraph. lence’’ and inserting ‘‘dating violence, and the final audit report of the Inspector General ‘‘(D) ANNUAL CERTIFICATION.—Beginning in stalking’’; of the Department of Justice that the audited the first fiscal year beginning after the date of (J) in paragraph (9), as redesignated by sub- grantee has utilized grant funds for an unau- the enactment of this Act, the Attorney General paragraph (G), by striking ‘‘domestic violence or thorized expenditure or otherwise unallowable shall submit, to the Committee on the Judiciary sexual assault’’ and inserting ‘‘ domestic vio- cost that is not closed or resolved within 12 and the Committee on Appropriations of the lence, dating violence, sexual assault, or stalk- months from the date when the final audit re- Senate and the Committee on the Judiciary and ing’’; port is issued. the Committee on Appropriations of the House (K) in paragraph (12), as redesignated by sub- ‘‘(iii) MANDATORY EXCLUSION.—A recipient of of Representatives, an annual certification paragraph (G)— grant funds under this Act that is found to have that— (i) in subparagraph (A), by striking ‘‘triage an unresolved audit finding shall not be eligible ‘‘(i) all audits issued by the Office of the In- protocols to ensure that dangerous or poten- to receive grant funds under this Act during the spector General under paragraph (1) have been tially lethal cases are identified and prioritized’’ following 2 fiscal years. completed and reviewed by the appropriate As- and inserting ‘‘the use of evidence-based indica- ‘‘(iv) PRIORITY.—In awarding grants under sistant Attorney General or Director; tors to assess the risk of domestic and dating vi- this Act, the Attorney General shall give pri- ‘‘(ii) all mandatory exclusions required under olence homicide and prioritize dangerous or po- ority to eligible entities that did not have an un- subparagraph (A)(iii) have been issued; tentially lethal cases’’; and resolved audit finding during the 3 fiscal years ‘‘(iii) all reimbursements required under sub- (ii) by striking ‘‘and’’ at the end; prior to submitting an application for a grant paragraph (A)(v) have been made; and (L) in paragraph (13), as redesignated by sub- under this Act. ‘‘(iv) includes a list of any grant recipients ex- paragraph (G)— ‘‘(v) REIMBURSEMENT.—If an entity is award- cluded under subparagraph (A) from the pre- (i) by striking ‘‘to provide’’ and inserting ed grant funds under this Act during the 2-fis- vious year.’’. ‘‘providing’’; cal-year period in which the entity is barred SEC. 4. EFFECTIVE DATE. (ii) by striking ‘‘nonprofit nongovernmental’’; from receiving grants under paragraph (2), the Except as otherwise specifically provided in (iii) by striking the comma after ‘‘local gov- Attorney General shall— this Act, the provisions of titles I, II, III, IV, ernments’’;

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00038 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2701 (iv) in the matter following subparagraph (C), (I) in subparagraph (A), by striking ‘‘and not ‘‘(ii) the intended use of the grant funds; by striking ‘‘paragraph (14)’’ and inserting less than 25 percent shall be allocated for pros- ‘‘(iii) the expected result of the grant funds; ‘‘paragraph (13)’’; and ecutors’’; and (v) by striking the period at the end and in- (II) by redesignating subparagraphs (B) and ‘‘(iv) the demographic characteristics of the serting a semicolon; and (C) as subparagraphs (C) and (D); populations to be served, including age, dis- (M) by inserting after paragraph (13), as re- (III) by inserting after subparagraph (A), the ability, race, ethnicity, and language back- designated by subparagraph (G), the following: following: ground; ‘‘(14) developing and promoting State, local, ‘‘(B) not less than 25 percent shall be allo- ‘‘(D) a description of how the State will en- or tribal legislation and policies that enhance cated for prosecutors;’’; and sure that any subgrantees will consult with vic- best practices for responding to domestic vio- (IV) in subparagraph (D) as redesignated by tim service providers during the course of devel- lence, dating violence, sexual assault, and stalk- subclause (II) by striking ‘‘for’’ and inserting oping their grant applications in order to ensure ing; ‘‘to’’; and that the proposed activities are designed to pro- ‘‘(15) developing, implementing, or enhancing (v) by adding at the end the following: mote the safety, confidentiality, and economic Sexual Assault Response Teams, or other similar ‘‘(5) not later than 2 years after the date of independence of victims; coordinated community responses to sexual as- enactment of this Act, and every year there- ‘‘(E) demographic data on the distribution of sault; after, not less than 20 percent of the total underserved populations within the State and a ‘‘(16) developing and strengthening policies, amount granted to a State under this sub- description of how the State will meet the needs protocols, best practices, and training for law chapter shall be allocated for programs or of underserved populations, including the min- enforcement agencies and prosecutors relating projects in 2 or more allocations listed in para- imum allocation for population specific services to the investigation and prosecution of sexual graph (4) that meaningfully address sexual as- required under subsection (c)(4)(C); assault cases and the appropriate treatment of sault, including stranger rape, acquaintance ‘‘(F) a description of how the State plans to victims; rape, alcohol or drug-facilitated rape, and rape meet the regulations issued pursuant to sub- ‘‘(17) developing, enlarging, or strengthening within the context of an intimate partner rela- section (e)(2); programs addressing sexual assault against tionship.’’; ‘‘(G) goals and objectives for reducing domes- men, women, and youth in correctional and de- (D) by striking subsection (d) and inserting tic violence-related homicides within the State; tention settings; the following: and ‘‘(18) identifying and conducting inventories ‘‘(d) APPLICATION REQUIREMENTS.—An appli- ‘‘(H) any other information requested by the of backlogs of sexual assault evidence collection cation for a grant under this section shall in- Attorney General. kits and developing protocols and policies for re- clude— ‘‘(j) REALLOCATION OF FUNDS.—A State may sponding to and addressing such backlogs, in- ‘‘(1) the certifications of qualification required use any returned or remaining funds for any cluding protocols and policies for notifying and under subsection (c); authorized purpose under this part if— involving victims; ‘‘(2) proof of compliance with the require- ‘‘(1) funds from a subgrant awarded under ‘‘(19) developing, enlarging, or strengthening ments for the payment of forensic medical exams this part are returned to the State; or programs and projects to provide services and and judicial notification, described in section ‘‘(2) the State does not receive sufficient eligi- responses targeting male and female victims of 2010; ble applications to award the full funding with- domestic violence, dating violence, sexual as- ‘‘(3) proof of compliance with the require- in the allocations in subsection (c)(4)’’; sault, or stalking, whose ability to access tradi- ments for paying fees and costs relating to do- (4) in section 2010 (42 U.S.C. 3796gg–4)— (A) in subsection (a), by striking paragraph tional services and responses is affected by their mestic violence and protection order cases, de- (1) and inserting the following: sexual orientation or gender identity, as defined scribed in section 2011 of this title; ‘‘(1) IN GENERAL.—A State, Indian tribal gov- in section 249(c) of title 18, United States Code; ‘‘(4) proof of compliance with the require- ernment, or unit of local government shall not and ments prohibiting polygraph examinations of be entitled to funds under this subchapter un- ‘‘(20) developing, enhancing, or strengthening victims of sexual assault, described in section less the State, Indian tribal government, unit of prevention and educational programming to ad- 2013 of this title; local government, or another governmental enti- dress domestic violence, dating violence, sexual ‘‘(5) an implementation plan required under ty— assault, or stalking, with not more than 5 per- subsection (i); and ‘‘(A) incurs the full out-of-pocket cost of fo- cent of the amount allocated to a State to be ‘‘(6) any other documentation that the Attor- rensic medical exams described in subsection (b) used for this purpose.’’; ney General may require.’’; for victims of sexual assault; and (3) in section 2007 (42 U.S.C. 3796gg–1)— (E) in subsection (e)— ‘‘(B) coordinates with health care providers in (A) in subsection (a), by striking ‘‘nonprofit (i) in paragraph (2)— the region to notify victims of sexual assault of nongovernmental victim service programs’’ and (I) in subparagraph (A), by striking ‘‘domestic the availability of rape exams at no cost to the inserting ‘‘victim service providers’’; violence and sexual assault’’ and inserting ‘‘do- victims.’’; (B) in subsection (b)(6), by striking ‘‘(not in- mestic violence, dating violence, sexual assault, cluding populations of Indian tribes)’’; (B) in subsection (b)— and stalking’’; and (i) in paragraph (1), by inserting ‘‘or’’ after (C) in subsection (c)— (II) in subparagraph (D), by striking ‘‘linguis- (i) by striking paragraph (2) and inserting the the semicolon; tically and’’; and (ii) in paragraph (2), by striking ‘‘; or’’ and following: (ii) by adding at the end the following: ‘‘(2) grantees and subgrantees shall develop a inserting a period; and ‘‘(3) CONDITIONS.—In disbursing grants under plan for implementation and shall consult and (iii) by striking paragraph (3); and this part, the Attorney General may impose rea- (C) by amending subsection (d) to read as fol- coordinate with— sonable conditions on grant awards to ensure ‘‘(A) the State sexual assault coalition; lows: that the States meet statutory, regulatory, and ‘‘(B) the State domestic violence coalition; ‘‘(d) NONCOOPERATION.— ‘‘(C) the law enforcement entities within the other program requirements.’’; ‘‘(1) IN GENERAL.—To be in compliance with State; (F) in subsection (f), by striking the period at this section, a State, Indian tribal government, ‘‘(D) prosecution offices; the end and inserting ‘‘, except that, for pur- or unit of local government shall comply with ‘‘(E) State and local courts; poses of this subsection, the costs of the projects subsection (b) without regard to whether the ‘‘(F) Tribal governments in those States with for victim services or tribes for which there is an victim participates in the criminal justice system State or federally recognized Indian tribes; exemption under section 40002(b)(1) of the Vio- or cooperates with law enforcement. ‘‘(G) representatives from underserved popu- lence Against Women Act of 1994 (42 U.S.C. ‘‘(2) COMPLIANCE PERIOD.—States, territories, lations, including culturally specific popu- 13925(b)(1)) shall not count toward the total and Indian tribal governments shall have 3 lations; costs of the projects.’’; and years from the date of enactment of this Act to ‘‘(H) victim service providers; (G) by adding at the end the following: come into compliance with this section.’’; and ‘‘(I) population specific organizations; and ‘‘(i) IMPLEMENTATION PLANS.—A State apply- (5) in section 2011(a)(1) (42 U.S.C. 3796gg– ‘‘(J) other entities that the State or the Attor- ing for a grant under this part shall— 5(a)(1))— ney General identifies as needed for the plan- ‘‘(1) develop an implementation plan in con- (A) by inserting ‘‘modification, enforcement, ning process;’’; sultation with the entities listed in subsection dismissal, withdrawal’’ after ‘‘registration,’’ (ii) by redesignating paragraph (3) as para- (c)(2), that identifies how the State will use the each place it appears; graph (4); funds awarded under this part, including how (B) by inserting ‘‘, dating violence, sexual as- (iii) by inserting after paragraph (2), as the State will meet the requirements of sub- sault, or stalking’’ after ‘‘felony domestic vio- amended by clause (i), the following: section (c)(5); and lence’’; and ‘‘(3) grantees shall coordinate the State imple- ‘‘(2) submit to the Attorney General— (C) by striking ‘‘victim of domestic violence’’ mentation plan described in paragraph (2) with ‘‘(A) the implementation plan developed under and all that follows through ‘‘sexual assault’’ the State plans described in section 307 of the paragraph (1); and inserting ‘‘victim of domestic violence, dat- Family Violence Prevention and Services Act (42 ‘‘(B) documentation from each member of the ing violence, sexual assault, or stalking’’. U.S.C. 10407) and the programs described in sec- planning committee as to their participation in SEC. 102. GRANTS TO ENCOURAGE ARREST POLI- tion 1404 of the Victims of Crime Act of 1984 (42 the planning process; CIES AND ENFORCEMENT OF PRO- U.S.C. 10603) and section 393A of the Public ‘‘(C) documentation from the prosecution, law TECTION ORDERS. Health Service Act (42 U.S.C. 280b–1b).’’; enforcement, court, and victim services programs (a) IN GENERAL.—Part U of title I of the Om- (iv) in paragraph (4), as redesignated by to be assisted, describing— nibus Crime Control and Safe Streets Act of 1968 clause (ii)— ‘‘(i) the need for the grant funds; (42 U.S.C. 3796hh et seq.) is amended—

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00039 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2702 CONGRESSIONAL RECORD — SENATE April 25, 2012 (1) in section 2101 (42 U.S.C. 3796hh)— legal, housing, health care, and economic assist- (B) in paragraph (4), by striking ‘‘nonprofit, (A) in subsection (b)— ance.’’; private sexual assault and domestic violence (i) in the matter preceding paragraph (1), by (B) in subsection (c)— programs’’ and inserting ‘‘victim service pro- striking ‘‘States,’’ and all that follows through (i) in paragraph (1)— viders and, as appropriate, population specific ‘‘units of local government’’ and inserting (I) in the matter preceding subparagraph (A), organizations’’. ‘‘grantees’’; by inserting ‘‘except for a court,’’ before ‘‘cer- (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- (ii) in paragraph (1), by inserting ‘‘and en- tify’’; and tion 1001(a)(19) of title I of the Omnibus Crime forcement of protection orders across State and (II) by redesignating subparagraphs (A) and Control and Safe Streets Act of 1968 (42 U.S.C. tribal lines’’ before the period; (B) as clauses (i) and (ii), and adjusting the 3793(a)(19)) is amended— (iii) in paragraph (2), by striking ‘‘and train- margin accordingly; (1) by striking ‘‘$75,000,000’’ and all that fol- ing in police departments to improve tracking of (ii) in paragraph (2), by inserting ‘‘except for lows through ‘‘2011.’’ and inserting ‘‘$73,000,000 cases’’ and inserting ‘‘data collection systems, a court,’’ before ‘‘demonstrate’’; for each of fiscal years 2012 through 2016.’’; and and training in police departments to improve (iii) in paragraph (3)— (2) by striking the period that immediately fol- tracking of cases and classification of com- (I) by striking ‘‘spouses’’ each place it appears lows another period. plaints’’; and inserting ‘‘parties’’; and (iv) in paragraph (4), by inserting ‘‘and pro- SEC. 103. LEGAL ASSISTANCE FOR VICTIMS. (II) by striking ‘‘spouse’’ and inserting Section 1201 of the Violence Against Women vide the appropriate training and education ‘‘party’’; about domestic violence, dating violence, sexual Act of 2000 (42 U.S.C. 3796gg–6) is amended— (iv) in paragraph (4)— (1) in subsection (a)— assault, and stalking’’ after ‘‘computer tracking (I) by inserting ‘‘, dating violence, sexual as- systems’’; (A) in the first sentence, by striking ‘‘arising sault, or stalking’’ after ‘‘felony domestic vio- as a consequence of’’ and inserting ‘‘relating to (v) in paragraph (5), by inserting ‘‘and other lence’’; victim services’’ after ‘‘legal advocacy service or arising out of’’; and (II) by inserting ‘‘modification, enforcement, (B) in the second sentence, by inserting ‘‘or programs’’; dismissal,’’ after ‘‘registration,’’ each place it (vi) in paragraph (6), by striking ‘‘judges’’ arising out of’’ after ‘‘relating to’’; appears; (2) in subsection (b)— and inserting ‘‘Federal, State, tribal, territorial, (III) by inserting ‘‘dating violence,’’ after (A) in the heading, by inserting ‘‘AND GRANT and local judges, courts, and court-based and ‘‘victim of domestic violence,’’; and CONDITIONS’’ after ‘‘DEFINITIONS’’; and court-related personnel’’; (IV) by striking ‘‘and’’ at the end; (B) by inserting ‘‘and grant conditions’’ after (vii) in paragraph (8), by striking ‘‘and sexual (v) in paragraph (5)— ‘‘definitions’’; assault’’ and inserting ‘‘dating violence, sexual (I) in the matter preceding subparagraph (A), (3) in subsection (c)— assault, and stalking’’; by striking ‘‘, not later than 3 years after Janu- (A) in paragraph (1), by striking ‘‘victims (viii) in paragraph (10), by striking ‘‘non-prof- ary 5, 2006’’; services organizations’’ and inserting ‘‘victim it, non-governmental victim services organiza- (II) by inserting ‘‘, trial of, or sentencing for’’ service providers’’; and tions,’’ and inserting ‘‘victim service providers, after ‘‘investigation of’’ each place it appears; (B) by striking paragraph (3) and inserting staff from population specific organizations,’’; (III) by redesignating subparagraphs (A) and the following: and (B) as clauses (i) and (ii), and adjusting the ‘‘(3) to implement, expand, and establish ef- (ix) by adding at the end the following: margin accordingly; ‘‘(14) To develop and implement training pro- (IV) in clause (ii), as redesignated by sub- forts and projects to provide competent, super- grams for prosecutors and other prosecution-re- clause (III) of this clause, by striking ‘‘subpara- vised pro bono legal assistance for victims of do- lated personnel regarding best practices to en- graph (A)’’ and inserting ‘‘clause (i)’’; and mestic violence, dating violence, sexual assault, sure offender accountability, victim safety, and (V) by striking the period at the end and in- or stalking, except that not more than 10 per- victim consultation in cases involving domestic serting ‘‘; and’’; cent of the funds awarded under this section violence, dating violence, sexual assault, and (vi) by redesignating paragraphs (1) through may be used for the purpose described in this stalking. (5), as amended by this subparagraph, as sub- paragraph.’’; ‘‘(15) To develop or strengthen policies, proto- paragraphs (A) through (E), respectively; (4) in subsection (d)— cols, and training for law enforcement, prosecu- (vii) in the matter preceding subparagraph (A) in paragraph (1), by striking ‘‘this section tors, and the judiciary in recognizing, inves- (A), as redesignated by clause (v) of this sub- has completed’’ and all that follows and insert- tigating, and prosecuting instances of domestic paragraph— ing the following: ‘‘this section—’’ violence, dating violence, sexual assault, and (I) by striking the comma that immediately ‘‘(A) has demonstrated expertise in providing stalking against immigrant victims, including follows another comma; and legal assistance to victims of domestic violence, the appropriate use of applications for non- (II) by striking ‘‘grantees are States’’ and in- dating violence, sexual assault, or stalking in immigrant status under subparagraphs (T) and serting the following: ‘‘grantees are— the targeted population; or (U) of section 101(a)(15) of the Immigration and ‘‘(1) States’’; and ‘‘(B)(i) is partnered with an entity or person Nationality Act (8 U.S.C. 1101(a)(15)). (viii) by adding at the end the following: that has demonstrated expertise described in ‘‘(16) To develop and promote State, local, or ‘‘(2) a State, tribal, or territorial domestic vio- subparagraph (A); and tribal legislation and policies that enhance best lence or sexual assault coalition or a victim ‘‘(ii) has completed, or will complete, training practices for responding to the crimes of domes- service provider that partners with a State, In- in connection with domestic violence, dating vi- tic violence, dating violence, sexual assault, and dian tribal government, or unit of local govern- olence, stalking, or sexual assault and related stalking, including the appropriate treatment of ment that certifies that the State, Indian tribal legal issues, including training on evidence- victims. government, or unit of local government meets based risk factors for domestic and dating vio- ‘‘(17) To develop, implement, or enhance sex- the requirements under paragraph (1).’’; lence homicide;’’; and ual assault nurse examiner programs or sexual (C) in subsection (d)— (B) in paragraph (2), by striking ‘‘stalking or- assault forensic examiner programs, including (i) in paragraph (1)— ganization’’ and inserting ‘‘stalking victim serv- the hiring and training of such examiners. (I) in the matter preceding subparagraph (A), ice provider’’; and ‘‘(18) To develop, implement, or enhance Sex- (5) in subsection (f) in paragraph (1), by strik- ual Assault Response Teams or similar coordi- by inserting ‘‘, policy,’’ after ‘‘law’’; and (II) in subparagraph (A), by inserting ‘‘and ing ‘‘this section’’ and all that follows and in- nated community responses to sexual assault. the defendant is in custody or has been served serting the following: ‘‘this section $57,000,000 ‘‘(19) To develop and strengthen policies, pro- for each of fiscal years 2012 through 2016.’’. tocols, and training for law enforcement officers with the information or indictment’’ before the and prosecutors regarding the investigation and semicolon; and SEC. 104. CONSOLIDATION OF GRANTS TO SUP- (ii) in paragraph (2), by striking ‘‘it’’ and in- PORT FAMILIES IN THE JUSTICE prosecution of sexual assault cases and the ap- SYSTEM. propriate treatment of victims. serting ‘‘its’’; and (a) IN GENERAL.—Title III of division B of the ‘‘(20) To provide human immunodeficiency (D) by adding at the end the following: Victims of Trafficking and Violence Protection virus testing programs, counseling, and prophy- ‘‘(f) ALLOCATION FOR TRIBAL COALITIONS.—Of Act of 2000 (Public Law 106–386; 114 Stat. 1509) laxis for victims of sexual assault. the amounts appropriated for purposes of this ‘‘(21) To identify and inventory backlogs of part for each fiscal year, not less than 5 percent is amended by striking the section preceding sec- sexual assault evidence collection kits and to de- shall be available for grants under section 2001 tion 1302 (42 U.S.C. 10420), as amended by sec- velop protocols for responding to and addressing of title I of the Omnibus Crime Control and Safe tion 306 of the Violence Against Women and De- such backlogs, including policies and protocols Streets Act of 1968 (42 U.S.C. 3796gg). partment of Justice Reauthorization Act of 2005 for notifying and involving victims. ‘‘(g) ALLOCATION FOR SEXUAL ASSAULT.—Of (Public Law 109–162; 119 Stat. 316), and insert- ‘‘(22) To develop multidisciplinary high-risk the amounts appropriated for purposes of this ing the following: teams focusing on reducing domestic violence part for each fiscal year, not less than 25 per- ‘‘SEC. 1301. GRANTS TO SUPPORT FAMILIES IN and dating violence homicides by— cent shall be available for projects that address THE JUSTICE SYSTEM. ‘‘(A) using evidence-based indicators to assess sexual assault, including stranger rape, ac- ‘‘(a) IN GENERAL.—The Attorney General may the risk of homicide and link high-risk victims quaintance rape, alcohol or drug-facilitated make grants to States, units of local govern- to immediate crisis intervention services; rape, and rape within the context of an intimate ment, courts (including juvenile courts), Indian ‘‘(B) identifying and managing high-risk of- partner relationship.’’; and tribal governments, nonprofit organizations, fenders; and (2) in section 2102(a) (42 U.S.C. 3796hh–1(a))— legal services providers, and victim services pro- ‘‘(C) providing ongoing victim advocacy and (A) in paragraph (1), by inserting ‘‘court,’’ viders to improve the response of all aspects of referrals to comprehensive services including after ‘‘tribal government,’’; and the civil and criminal justice system to families

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00040 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2703 with a history of domestic violence, dating vio- ‘‘(A) the number of families to be served by pursuant to this subsection shall remain avail- lence, sexual assault, or stalking, or in cases in- the proposed programs and services; able until expended. volving allegations of child sexual abuse. ‘‘(B) the extent to which the proposed pro- ‘‘(f) ALLOTMENT FOR INDIAN TRIBES.— ‘‘(b) USE OF FUNDS.—A grant under this sec- grams and services serve underserved popu- ‘‘(1) IN GENERAL.—Not less than 10 percent of tion may be used to— lations; the total amount available under this section for ‘‘(1) provide supervised visitation and safe vis- ‘‘(C) the extent to which the applicant dem- each fiscal year shall be available for grants itation exchange of children and youth by and onstrates cooperation and collaboration with under the program authorized by section between parents in situations involving domestic nonprofit, nongovernmental entities in the local 3796gg–10 of this title. violence, dating violence, child sexual abuse, community with demonstrated histories of effec- ‘‘(2) APPLICABILITY OF PART.—The require- sexual assault, or stalking; tive work on domestic violence, dating violence, ments of this section shall not apply to funds al- ‘‘(2) develop and promote State, local, and sexual assault, or stalking, including State or located for the program described in paragraph tribal legislation, policies, and best practices for tribal domestic violence coalitions, State or trib- (1).’’. improving civil and criminal court functions, re- al sexual assault coalitions, local shelters, and (b) TECHNICAL AND CONFORMING AMEND- sponses, practices, and procedures in cases in- programs for domestic violence and sexual as- MENT.—Subtitle J of the Violence Against volving a history of domestic violence or sexual sault victims; and Women Act of 1994 (42 U.S.C. 14043 et seq.) is re- assault, or in cases involving allegations of ‘‘(D) the extent to which the applicant dem- pealed. child sexual abuse, including cases in which the onstrates coordination and collaboration with SEC. 105. SEX OFFENDER MANAGEMENT. victim proceeds pro se; State, tribal, and local court systems, including Section 40152(c) of the Violence Against ‘‘(3) educate court-based and court-related mechanisms for communication and referral. Women Act of 1994 (42 U.S.C. 13941) is amended personnel and court-appointed personnel (in- ‘‘(2) OTHER GRANTS.—In making grants under by striking ‘‘$5,000,000’’ and all that follows and cluding custody evaluators and guardians ad subsection (b)(8) the Attorney General shall take inserting ‘‘$5,000,000 for each of fiscal years 2012 litem) and child protective services workers on into account the extent to which the grantee through 2016.’’. the dynamics of domestic violence, dating vio- has expertise addressing the judicial system’s lence, sexual assault, and stalking, including SEC. 106. COURT-APPOINTED SPECIAL ADVOCATE handling of family violence, child custody, child PROGRAM. information on perpetrator behavior, evidence- abuse and neglect, adoption, foster care, super- Subtitle B of title II of the Crime Control Act based risk factors for domestic and dating vio- vised visitation, divorce, and parentage. of 1990 (42 U.S.C. 13011 et seq.) is amended— lence homicide, and on issues relating to the ‘‘(d) APPLICANT REQUIREMENTS.—The Attor- (1) in section 216 (42 U.S.C. 13012), by striking needs of victims, including safety, security, pri- ney General may make a grant under this sec- ‘‘January 1, 2010’’ and inserting ‘‘January 1, vacy, and confidentiality, including cases in tion to an applicant that— 2015’’; which the victim proceeds pro se; ‘‘(1) demonstrates expertise in the areas of do- (2) in section 217 (42 U.S.C. 13013)— ‘‘(4) provide appropriate resources in juvenile mestic violence, dating violence, sexual assault, (A) by striking ‘‘Code of Ethics’’ in section court matters to respond to dating violence, do- stalking, or child sexual abuse, as appropriate; (c)(2) and inserting ‘‘Standards for Programs’’; mestic violence, sexual assault (including child ‘‘(2) ensures that any fees charged to individ- and sexual abuse), and stalking and ensure nec- uals for use of supervised visitation programs (B) by adding at the end the following: essary services dealing with the health and men- and services are based on the income of those ‘‘(e) REPORTING.—An organization that re- tal health of victims are available; individuals, unless otherwise provided by court ceives a grant under this section for a fiscal ‘‘(5) enable courts or court-based or court-re- order; year shall submit to the Administrator a report lated programs to develop or enhance— ‘‘(3) for a court-based program, certifies that regarding the use of the grant for the fiscal ‘‘(A) court infrastructure (such as specialized victims of domestic violence, dating violence, year, including a discussion of outcome perform- courts, consolidated courts, dockets, intake cen- sexual assault, or stalking are not charged fees ance measures (which shall be established by ters, or interpreter services); or any other costs related to the filing, peti- the Administrator) to determine the effectiveness ‘‘(B) community-based initiatives within the tioning, modifying, issuance, registration, en- of the programs of the organization in meeting court system (such as court watch programs, forcement, withdrawal, or dismissal of matters the needs of children in the child welfare sys- victim assistants, pro se victim assistance pro- relating to the domestic violence, dating vio- tem.’’; and grams, or community-based supplementary serv- lence, sexual assault, or stalking; ices); ‘‘(4) demonstrates that adequate security (3) in section 219(a) (42 U.S.C. 13014(a)), by ‘‘(C) offender management, monitoring, and measures, including adequate facilities, proce- striking ‘‘fiscal years 2007 through 2011’’ and in- accountability programs; dures, and personnel capable of preventing vio- serting ‘‘fiscal years 2012 through 2016’’. ‘‘(D) safe and confidential information-stor- lence, and adequate standards are, or will be, in SEC. 107. CRIMINAL PROVISION RELATING TO age and information-sharing databases within place (including the development of protocols or STALKING, INCLUDING CYBERSTALKING. and between court systems; policies to ensure that confidential information (a) INTERSTATE DOMESTIC VIOLENCE.—Section ‘‘(E) education and outreach programs to im- is not shared with courts, law enforcement 2261(a)(1) of title 18, United States Code, is prove community access, including enhanced ac- agencies, or child welfare agencies unless nec- amended— cess for underserved populations; and essary to ensure the safety of any child or adult ‘‘(F) other projects likely to improve court re- (1) by inserting ‘‘is present’’ after ‘‘Indian using the services of a program funded under sponses to domestic violence, dating violence, Country or’’; and this section), if the applicant proposes to oper- sexual assault, and stalking; (2) by inserting ‘‘or presence’’ after ‘‘as a re- ate supervised visitation programs and services ‘‘(6) provide civil legal assistance and advo- sult of such travel’’; or safe visitation exchange; cacy services, including legal information and (b) STALKING.—Section 2261A of title 18, ‘‘(5) certifies that the organizational policies resources in cases in which the victim proceeds United States Code, is amended to read as fol- of the applicant do not require mediation or pro se, to— lows: counseling involving offenders and victims being ‘‘(A) victims of domestic violence; and ‘‘§ 2261A. Stalking ‘‘(B) nonoffending parents in matters— physically present in the same place, in cases ‘‘(i) that involve allegations of child sexual where domestic violence, dating violence, sexual ‘‘Whoever— abuse; assault, or stalking is alleged; ‘‘(1) travels in interstate or foreign commerce ‘‘(ii) that relate to family matters, including ‘‘(6) certifies that any person providing legal or is present within the special maritime and civil protection orders, custody, and divorce; assistance through a program funded under this territorial jurisdiction of the United States, or and section has completed or will complete training enters or leaves Indian country, with the intent ‘‘(iii) in which the other parent is represented on domestic violence, dating violence, sexual as- to kill, injure, harass, intimidate, or place under by counsel; sault, and stalking, including child sexual surveillance with intent to kill, injure, harass, ‘‘(7) collect data and provide training and abuse, and related legal issues; and or intimidate another person, and in the course technical assistance, including developing State, ‘‘(7) certifies that any person providing cus- of, or as a result of, such travel or presence en- local, and tribal model codes and policies, to im- tody evaluation or guardian ad litem services gages in conduct that— prove the capacity of grantees and communities through a program funded under this section ‘‘(A) places that person in reasonable fear of to address the civil justice needs of victims of has completed or will complete training devel- the death of, or serious bodily injury to— domestic violence, dating violence, sexual as- oped with input from and in collaboration with ‘‘(i) that person; sault, and stalking who have legal representa- a tribal, State, territorial, or local domestic vio- ‘‘(ii) an immediate family member (as defined tion, who are proceeding pro se, or who are pro- lence, dating violence, sexual assault, or stalk- in section 115) of that person; or ceeding with the assistance of a legal advocate; ing victim service provider or coalition on the ‘‘(iii) a spouse or intimate partner of that per- and dynamics of domestic violence and sexual as- son; or ‘‘(8) to improve training and education to as- sault, including child sexual abuse, that in- ‘‘(B) causes, attempts to cause, or would be sist judges, judicial personnel, attorneys, child cludes training on how to review evidence of reasonably expected to cause substantial emo- welfare personnel, and legal advocates in the past abuse and the use of evidenced-based theo- tional distress to a person described in clause civil justice system. ries to make recommendations on custody and (i), (ii), or (iii) of subparagraph (A); or ‘‘(c) CONSIDERATIONS.— visitation. ‘‘(2) with the intent to kill, injure, harass, in- ‘‘(1) IN GENERAL.—In making grants for pur- ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— timidate, or place under surveillance with intent poses described in paragraphs (1) through (7) of There is authorized to be appropriated to carry to kill, injure, harass, or intimidate another per- subsection (b), the Attorney General shall con- out this section, $22,000,000 for each of fiscal son, uses the mail, any interactive computer sider— years 2012 through 2016. Amounts appropriated service or electronic communication service or

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00041 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2704 CONGRESSIONAL RECORD — SENATE April 25, 2012 electronic communication system of interstate riers are to service access and what factors con- mestic Violence, Dating Violence, Sexual As- commerce, or any other facility of interstate or tribute to those barriers, using input from the sault, Stalking, and Child Abuse Enforcement foreign commerce to engage in a course of con- targeted underserved population or populations; Assistance). duct that— ‘‘(3) identifying promising prevention, out- ‘‘(D) Section 40802 of the Violence Against ‘‘(A) places that person in reasonable fear of reach and intervention strategies for victims Women Act of 1994 (42 U.S.C. 14041a) (Enhanced the death of or serious bodily injury to a person from a targeted underserved population or pop- Training and Services to End Violence Against described in clause (i), (ii), or (iii) of paragraph ulations; and Women Later in Life). (1)(A); or ‘‘(4) developing a plan, with the input of the ‘‘(E) Section 1402 of division B of the Victims ‘‘(B) causes, attempts to cause, or would be targeted underserved population or populations, of Trafficking and Violence Protection Act of reasonably expected to cause substantial emo- for implementing prevention, outreach and 2000 (42 U.S.C. 3796gg–7) (Education, Training, tional distress to a person described in clause intervention strategies to address the barriers to and Enhanced Services to End Violence Against (i), (ii), or (iii) of paragraph (1)(A), accessing services, promoting community en- and Abuse of Women with Disabilities).’’; and shall be punished as provided in section 2261(b) gagement in the prevention of domestic violence, (5) in subsection (g), by striking ‘‘linguistic of this title.’’. dating violence, sexual assault, and stalking and’’. (c) INTERSTATE VIOLATION OF PROTECTION within the targeted underserved populations, TITLE II—IMPROVING SERVICES FOR VIC- ORDER.—Section 2262(a)(2) of title 18, United and evaluating the program. TIMS OF DOMESTIC VIOLENCE, DATING ‘‘(d) IMPLEMENTATION GRANTS.—The Attorney States Code, is amended by inserting ‘‘is VIOLENCE, SEXUAL ASSAULT, AND General shall make grants to eligible entities for present’’ after ‘‘Indian Country or’’. STALKING the purpose of providing or enhancing popu- SEC. 108. OUTREACH AND SERVICES TO UNDER- lation specific outreach and services to adult SEC. 201. SEXUAL ASSAULT SERVICES PROGRAM. SERVED POPULATIONS GRANT. and youth victims in one or more underserved (a) GRANTS TO STATES AND TERRITORIES.—Sec- Section 120 of the Violence Against Women populations, including— tion 41601(b) of the Violence Against Women Act and Department of Justice Reauthorization Act ‘‘(1) working with Federal, State, tribal, terri- of 1994 (42 U.S.C. 14043g(b)) is amended— of 2005 (42 U.S.C. 14045) is amended to read as torial and local governments, agencies, and or- (1) in paragraph (1), by striking ‘‘other pro- follows: ganizations to develop or enhance population grams’’ and all that follows and inserting ‘‘SEC. 120. GRANTS FOR OUTREACH AND SERV- specific services; ‘‘other nongovernmental or tribal programs and ICES TO UNDERSERVED POPU- ‘‘(2) strengthening the capacity of under- projects to assist individuals who have been vic- LATIONS. served populations to provide population spe- timized by sexual assault, without regard to the ‘‘(a) GRANTS AUTHORIZED.— cific services; age of the individual.’’; ‘‘(1) IN GENERAL.—Of the amounts appro- ‘‘(3) strengthening the capacity of traditional (2) in paragraph (2)— priated under the grant programs identified in victim service providers to provide population (A) in subparagraph (B), by inserting ‘‘or trib- paragraph (2), the Attorney General shall take specific services; al programs and activities’’ after ‘‘nongovern- 2 percent of such appropriated amounts and ‘‘(4) strengthening the effectiveness of crimi- mental organizations’’; and combine them to award grants to eligible entities nal and civil justice interventions by providing (B) in subparagraph (C)(v), by striking ‘‘lin- described in subsection (b) of this section to de- training for law enforcement, prosecutors, guistically and’’; and velop and implement outreach strategies tar- judges and other court personnel on domestic vi- (3) in paragraph (4)— geted at adult or youth victims of domestic vio- olence, dating violence, sexual assault, or stalk- (A) by inserting ‘‘(including the District of lence, dating violence, sexual assault, or stalk- ing in underserved populations; or Columbia and Puerto Rico)’’ after ‘‘The Attor- ing in underserved populations and to provide ‘‘(5) working in cooperation with an under- ney General shall allocate to each State’’; victim services to meet the needs of adult and served population to develop and implement out- (B) by striking ‘‘the District of Columbia, youth victims of domestic violence, dating vio- reach, education, prevention, and intervention Puerto Rico,’’ after ‘‘Guam’’; lence, sexual assault, and stalking in under- strategies that highlight available resources and (C) by striking ‘‘0.125 percent’’ and inserting served populations. The requirements of the the specific issues faced by victims of domestic ‘‘0.25 percent’’; and grant programs identified in paragraph (2) shall violence, dating violence, sexual assault, or (D) by striking ‘‘The District of Columbia not apply to this grant program. stalking from underserved populations. shall be treated as a territory for purposes of ‘‘(2) PROGRAMS COVERED.—The programs cov- ‘‘(e) APPLICATION.—An eligible entity desiring calculating its allocation under the preceding ered by paragraph (1) are the programs carried a grant under this section shall submit an appli- formula.’’. out under the following provisions: cation to the Director of the Office on Violence (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- ‘‘(A) Section 2001 of the Omnibus Crime Con- Against Women at such time, in such form, and tion 41601(f)(1) of the Violence Against Women trol and Safe Streets Act of 1968 (Grants to Com- in such manner as the Director may prescribe. Act of 1994 (42 U.S.C. 14043g(f)(1)) is amended bat Violent Crimes Against Women). ‘‘(f) REPORTS.—Each eligible entity receiving by striking ‘‘$50,000,000 to remain available until ‘‘(B) Section 2101 of the Omnibus Crime Con- a grant under this section shall submit to the expended for each of the fiscal years 2007 trol and Safe Streets Act of 1968 (Grants to En- Director of the Office on Violence Against through 2011’’ and inserting ‘‘$40,000,000 to re- courage Arrest Policies and Enforcement of Pro- Women a report that describes the activities car- main available until expended for each of fiscal tection Orders Program). ried out with grant funds. years 2012 through 2016’’. ‘‘(b) ELIGIBLE ENTITIES.—Eligible entities ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—In SEC. 202. RURAL DOMESTIC VIOLENCE, DATING under this section are— addition to the funds identified in subsection VIOLENCE, SEXUAL ASSAULT, STALK- ‘‘(1) population specific organizations that (a)(1), there are authorized to be appropriated ING, AND CHILD ABUSE ENFORCE- MENT ASSISTANCE. have demonstrated experience and expertise in to carry out this section $2,000,000 for each of Section 40295 of the Violence Against Women providing population specific services in the rel- fiscal years 2012 through 2016. Act of 1994 (42 U.S.C. 13971) is amended— evant underserved communities, or population ‘‘(h) DEFINITIONS AND GRANT CONDITIONS.—In this section the definitions and grant conditions (1) in subsection (a)(1)(H), by inserting ‘‘, in- specific organizations working in partnership cluding sexual assault forensic examiners’’ be- with a victim service provider or domestic vio- in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925) shall apply.’’. fore the semicolon; lence or sexual assault coalition; (2) in subsection (b)— ‘‘(2) victim service providers offering popu- SEC. 109. CULTURALLY SPECIFIC SERVICES GRANT. (A) in paragraph (1)— lation specific services for a specific underserved (i) by striking ‘‘victim advocacy groups’’ and population; or Section 121 of the Violence Against Women and Department of Justice Reauthorization Act inserting ‘‘victim service providers’’; and ‘‘(3) victim service providers working in part- (ii) by inserting ‘‘, including developing multi- nership with a national, State, tribal, or local of 2005 (42 U.S.C. 14045a) is amended— (1) in the section heading, by striking ‘‘ disciplinary teams focusing on high risk cases organization that has demonstrated experience and ’’; with the goal of preventing domestic and dating and expertise in providing population specific linguistically (2) by striking ‘‘and linguistically’’ each place violence homicides’’ before the semicolon; services in the relevant underserved population. it appears; (B) in paragraph (2)— ‘‘(c) PLANNING GRANTS.—The Attorney Gen- (3) by striking ‘‘and linguistic’’ each place it (i) by striking ‘‘and other long- and short- eral may use up to 25 percent of funds available appears; term assistance’’ and inserting ‘‘legal assist- under this section to make one-time planning (4) by striking subsection (a)(2) and inserting: ance, and other long-term and short-term victim grants to eligible entities to support the plan- ‘‘(2) PROGRAMS COVERED.—The programs cov- and population specific services’’; and ning and development of specially designed and ered by paragraph (1) are the programs carried (ii) by striking ‘‘and’’ at the end; targeted programs for adult and youth victims out under the following provisions: (C) in paragraph (3), by striking the period at in one or more underserved populations, includ- ‘‘(A) Section 2101 of the Omnibus Crime Con- the end and inserting ‘‘; and’’; and ing— trol and Safe Streets Act of 1968 (Grants to En- (D) by adding at the end the following: ‘‘(1) identifying, building and strengthening courage Arrest Policies and Enforcement of Pro- ‘‘(4) developing, enlarging, or strengthening partnerships with potential collaborators within tection Orders). programs addressing sexual assault, including underserved populations, Federal, State, tribal, ‘‘(B) Section 14201 of division B of the Victims sexual assault forensic examiner programs, Sex- territorial or local government entities, and pub- of Trafficking and Violence Protection Act of ual Assault Response Teams, law enforcement lic and private organizations; 2000 (42 U.S.C. 3796gg–6) (Legal Assistance for training, and programs addressing rape kit ‘‘(2) conducting a needs assessment of the Victims). backlogs. community and the targeted underserved popu- ‘‘(C) Section 40295 of the Violence Against ‘‘(5) developing programs and strategies that lation or populations to determine what the bar- Women Act of 1994 (42 U.S.C. 13971) (Rural Do- focus on the specific needs of victims of domestic

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00042 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2705 violence, dating violence, sexual assault, and units of local government, attorneys, health imum allocation of $150,000 shall be awarded in stalking who reside in remote rural and geo- care providers, population specific organiza- each fiscal year for each of the States, the Dis- graphically isolated areas, including addressing tions, faith-based advocates, victim service pro- trict of Columbia, and Puerto Rico. A minimum the challenges posed by the lack of access to viders, and courts to better serve victims of allocation of $35,000 shall be awarded in each shelters and victims services, and limited law en- abuse in later life, including domestic violence, fiscal year for each Territory. Any unused or re- forcement resources and training, and providing dating violence, sexual assault, stalking, exploi- maining funds shall be allotted to each State, training and resources to Community Health tation, and neglect. the District of Columbia, and Puerto Rico on the Aides involved in the delivery of Indian Health ‘‘(B) PERMISSIBLE ACTIVITIES.—An eligible en- basis of population.’’. Service programs.’’; and tity receiving a grant under this section may use SEC. 302. CREATING HOPE THROUGH OUTREACH, (3) in subsection (e)(1), by striking the funds received under the grant to— OPTIONS, SERVICES, AND EDU- ‘‘$55,000,000 for each of the fiscal years 2007 ‘‘(i) provide training programs to assist attor- CATION FOR CHILDREN AND YOUTH. through 2011’’ and inserting ‘‘$50,000,000 for neys, health care providers, faith-based leaders, Subtitle L of the Violence Against Women Act each of fiscal years 2012 through 2016’’. or other community-based organizations in rec- of 1994 is amended by striking sections 41201 SEC. 203. TRAINING AND SERVICES TO END VIO- ognizing and addressing instances of abuse in through 41204 (42 U.S.C. 14043c through 14043c– LENCE AGAINST WOMEN WITH DIS- later life, including domestic violence, dating vi- 3) and inserting the following: ABILITIES GRANTS. olence, sexual assault, stalking, exploitation, ‘‘SEC. 41201. CREATING HOPE THROUGH OUT- Section 1402 of division B of the Victims of and neglect; or REACH, OPTIONS, SERVICES, AND Trafficking and Violence Protection Act of 2000 ‘‘(ii) conduct outreach activities and aware- EDUCATION FOR CHILDREN AND (42 U.S.C. 3796gg–7) is amended— ness campaigns to ensure that victims of abuse YOUTH (‘CHOOSE CHILDREN & (1) in subsection (b)— in later life, including domestic violence, dating YOUTH’). (A) in paragraph (1), by inserting ‘‘(including violence, sexual assault, stalking, exploitation, ‘‘(a) GRANTS AUTHORIZED.—The Attorney using evidence-based indicators to assess the and neglect receive appropriate assistance. General, working in collaboration with the Sec- retary of Health and Human Services and the risk of domestic and dating violence homicide)’’ ‘‘(C) WAIVER.—The Attorney General may after ‘‘risk reduction’’; waive 1 or more of the activities described in Secretary of Education, shall award grants to (B) in paragraph (4), by striking ‘‘victim serv- subparagraph (A) upon making a determination enhance the safety of youth and children who ice organizations’’ and inserting ‘‘victim service that the activity would duplicate services avail- are victims of, or exposed to, domestic violence, providers’’; and able in the community. dating violence, sexual assault, or stalking and prevent future violence. (C) in paragraph (5), by striking ‘‘victim serv- ‘‘(D) LIMITATION.—An eligible entity receiving ices organizations’’ and inserting ‘‘victim service a grant under this section may use not more ‘‘(b) PROGRAM PURPOSES.—Funds provided providers’’; than 10 percent of the total funds received under this section may be used for the following (2) in subsection (c)(1)(D), by striking ‘‘non- under the grant for an activity described in sub- program purpose areas: ‘‘(1) SERVICES TO ADVOCATE FOR AND RESPOND profit and nongovernmental victim services or- paragraph (B)(ii). TO YOUTH.—To develop, expand, and strengthen ganization, such as a State’’ and inserting ‘‘vic- ‘‘(3) ELIGIBLE ENTITIES.—An entity shall be el- victim-centered interventions and services that tim service provider, such as a State or tribal’’; igible to receive a grant under this section if— and ‘‘(A) the entity is— target youth who are victims of domestic vio- (3) in subsection (e), by striking ‘‘$10,000,000 ‘‘(i) a State; lence, dating violence, sexual assault, and stalk- for each of the fiscal years 2007 through 2011’’ ‘‘(ii) a unit of local government; ing. Services may include victim services, coun- and inserting ‘‘$9,000,000 for each of fiscal years ‘‘(iii) a tribal government or tribal organiza- seling, advocacy, mentoring, educational sup- 2012 through 2016’’. tion; port, transportation, legal assistance in civil, criminal and administrative matters, such as SEC. 204. ENHANCED TRAINING AND SERVICES ‘‘(iv) a population specific organization with TO END ABUSE IN LATER LIFE. demonstrated experience in assisting individuals family law cases, housing cases, child welfare proceedings, campus administrative proceedings, (a) IN GENERAL.—Subtitle H of the Violence over 50 years of age; and civil protection order proceedings, services Against Women Act of 1994 (42 U.S.C. 14041 et ‘‘(v) a victim service provider with dem- to address the co-occurrence of sex trafficking, seq.) is amended to read as follows: onstrated experience in addressing domestic vio- lence, dating violence, sexual assault, and stalk- population-specific services, and other activities ‘‘Subtitle H—Enhanced Training and Services that support youth in finding safety, stability, to End Abuse Later in Life ing; or ‘‘(vi) a State, tribal, or territorial domestic vio- and justice and in addressing the emotional, ‘‘SEC. 40801. ENHANCED TRAINING AND SERVICES lence or sexual assault coalition; and cognitive, and physical effects of trauma. Funds TO END ABUSE IN LATER LIFE. ‘‘(B) the entity demonstrates that it is part of may be used to— ‘‘(a) DEFINITIONS.—In this section— a multidisciplinary partnership that includes, at ‘‘(A) assess and analyze currently available ‘‘(1) the term ‘exploitation’ has the meaning a minimum— services for youth victims of domestic violence, given the term in section 2011 of the Social Secu- ‘‘(i) a law enforcement agency; dating violence, sexual assault, and stalking, rity Act (42 U.S.C. 1397j); ‘‘(ii) a prosecutor’s office; determining relevant barriers to such services in ‘‘(2) the term ‘later life’, relating to an indi- ‘‘(iii) a victim service provider; and a particular locality, and developing a commu- vidual, means the individual is 50 years of age ‘‘(iv) a nonprofit program or government nity protocol to address such problems collabo- or older; and agency with demonstrated experience in assist- ratively; ‘‘(3) the term ‘neglect’ means the failure of a ing individuals in later life; ‘‘(B) develop and implement policies, prac- caregiver or fiduciary to provide the goods or ‘‘(4) UNDERSERVED POPULATIONS.—In making tices, and procedures to effectively respond to services that are necessary to maintain the grants under this section, the Attorney General domestic violence, dating violence, sexual as- health or safety of an individual in later life. shall give priority to proposals providing serv- sault, or stalking against youth; or ‘‘(b) GRANT PROGRAM.— ices to culturally specific and underserved popu- ‘‘(C) provide technical assistance and training ‘‘(1) GRANTS AUTHORIZED.—The Attorney Gen- lations. to enhance the ability of school personnel, vic- eral may make grants to eligible entities to carry tim service providers, child protective service ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— out the activities described in paragraph (2). There is authorized to be appropriated to carry workers, staff of law enforcement agencies, ANDATORY AND PERMISSIBLE ACTIVI- ‘‘(2) M out this section $9,000,000 for each of fiscal prosecutors, court personnel, individuals who TIES.— years 2012 through 2016.’’. work in after school programs, medical per- ‘‘(A) MANDATORY ACTIVITIES.—An eligible en- sonnel, social workers, mental health personnel, tity receiving a grant under this section shall TITLE III—SERVICES, PROTECTION, AND and workers in other programs that serve chil- use the funds received under the grant to— JUSTICE FOR YOUNG VICTIMS OF VIO- dren and youth to improve their ability to ap- ‘‘(i) provide training programs to assist law LENCE propriately respond to the needs of children and enforcement agencies, prosecutors, agencies of SEC. 301. RAPE PREVENTION AND EDUCATION youth who are victims of domestic violence, dat- States or units of local government, population GRANT. ing violence, sexual assault, and stalking, and specific organizations, victim service providers, Section 393A of the Public Health Service Act to properly refer such children, youth, and their victim advocates, and relevant officers in Fed- (42 U.S.C. 280b–1b) is amended— families to appropriate services. eral, tribal, State, territorial, and local courts in (1) in subsection (a)— ‘‘(2) SUPPORTING YOUTH THROUGH EDUCATION recognizing and addressing instances of elder (A) in the matter preceding paragraph (1), by AND PROTECTION.—To enable middle schools, abuse; inserting ‘‘, territorial or tribal’’ after ‘‘crisis high schools, and institutions of higher edu- ‘‘(ii) provide or enhance services for victims of centers, State’’; and cation to— abuse in later life, including domestic violence, (B) in paragraph (6), by inserting ‘‘and alco- ‘‘(A) provide training to school personnel, in- dating violence, sexual assault, stalking, exploi- hol’’ after ‘‘about drugs’’; and cluding healthcare providers and security per- tation, and neglect; (2) in subsection (c)— sonnel, on the needs of students who are victims ‘‘(iii) establish or support multidisciplinary (A) in paragraph (1), by striking ‘‘$80,000,000 of domestic violence, dating violence, sexual as- collaborative community responses to victims of for each of fiscal years 2007 through 2011’’ and sault, or stalking; abuse in later life, including domestic violence, inserting ‘‘$50,000,000 for each of fiscal years ‘‘(B) develop and implement prevention and dating violence, sexual assault, stalking, exploi- 2012 through 2016’’; and intervention policies in middle and high schools, tation, and neglect; and (B) by adding at the end the following: including appropriate responses to, and identi- ‘‘(iv) conduct cross-training for law enforce- ‘‘(3) BASELINE FUNDING FOR STATES, THE DIS- fication and referral procedures for, students ment agencies, prosecutors, agencies of States or TRICT OF COLUMBIA, AND PUERTO RICO.—A min- who are experiencing or perpetrating domestic

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violence, dating violence, sexual assault, or ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.—In (4) in subsection (d)— stalking, and procedures for handling the re- this section, the definitions and grant condi- (A) by redesignating paragraph (3) as para- quirements of court protective orders issued to or tions provided for in section 40002 shall apply. graph (4); and against students; ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— (B) by inserting after paragraph (2), the fol- ‘‘(C) provide support services for student vic- There is authorized to be appropriated to carry lowing: tims of domestic violence, dating violence, sex- out this section, $15,000,000 for each of fiscal ‘‘(3) GRANTEE MINIMUM REQUIREMENTS.—Each ual assault or stalking, such as a resource per- years 2012 through 2016. grantee shall comply with the following min- son who is either on-site or on-call; ‘‘(g) ALLOTMENT.— imum requirements during the grant period: ‘‘(D) implement developmentally appropriate ‘‘(1) IN GENERAL.—Not less than 50 percent of ‘‘(A) The grantee shall create a coordinated educational programming for students regarding the total amount appropriated under this sec- community response including both organiza- domestic violence, dating violence, sexual as- tion for each fiscal year shall be used for the tions external to the institution and relevant di- sault, and stalking and the impact of such vio- purposes described in subsection (b)(1). visions of the institution. lence on youth; or ‘‘(2) INDIAN TRIBES.—Not less than 10 percent ‘‘(B) The grantee shall establish a mandatory ‘‘(E) develop strategies to increase identifica- of the total amount appropriated under this sec- prevention and education program on domestic tion, support, referrals, and prevention pro- tion for each fiscal year shall be made available violence, dating violence, sexual assault, and gramming for youth who are at high risk of do- for grants under the program authorized by sec- stalking for all incoming students. mestic violence, dating violence, sexual assault, tion 2015 of the Omnibus Crime Control and ‘‘(C) The grantee shall train all campus law or stalking. Safe Streets Act of 1968. The requirements of enforcement to respond effectively to domestic ‘‘(c) ELIGIBLE APPLICANTS.— this section shall not apply to funds allocated violence, dating violence, sexual assault, and ‘‘(1) IN GENERAL.—To be eligible to receive a under this paragraph. stalking. grant under this section, an entity shall be— ‘‘(h) PRIORITY.—The Attorney General shall ‘‘(D) The grantee shall train all members of ‘‘(A) a victim service provider, tribal non- prioritize grant applications under this section campus disciplinary boards to respond effec- profit, or population-specific or community- that coordinate with prevention programs in the tively to situations involving domestic violence, based organization with a demonstrated history community.’’. dating violence, sexual assault, or stalking.’’; of effective work addressing the needs of youth SEC. 303. GRANTS TO COMBAT VIOLENT CRIMES and who are, including runaway or homeless youth ON CAMPUSES. (5) in subsection (e), by striking ‘‘there are’’ affected by, victims of domestic violence, dating Section 304 of the Violence Against Women and all that follows through the period and in- violence, sexual assault, or stalking; and Department of Justice Reauthorization Act serting ‘‘there is authorized to be appropriated ‘‘(B) a victim service provider that is of 2005 (42 U.S.C. 14045b) is amended— $12,000,000 for each of fiscal years 2012 through partnered with an entity that has a dem- (1) in subsection (a)— 2016.’’. onstrated history of effective work addressing (A) in paragraph (1)— SEC. 304. CAMPUS SEXUAL VIOLENCE, DOMESTIC the needs of youth; or (i) by striking ‘‘stalking on campuses, and’’ ‘‘(C) a public, charter, tribal, or nationally VIOLENCE, DATING VIOLENCE, AND and inserting ‘‘stalking on campuses,’’; STALKING EDUCATION AND PREVEN- accredited private middle or high school, a (ii) by striking ‘‘crimes against women on’’ TION. school administered by the Department of De- and inserting ‘‘crimes on’’; and (a) IN GENERAL.—Section 485(f) of the Higher fense under section 2164 of title 10, United States (iii) by inserting ‘‘, and to develop and Education Act of 1965 (20 U.S.C. 1092(f)) is Code or section 1402 of the Defense Dependents’ strengthen prevention education and awareness amended— Education Act of 1978, a group of schools, a programs’’ before the period; and (1) in paragraph (1)— school district, or an institution of higher edu- (B) in paragraph (2), by striking ‘‘$500,000’’ (A) in subparagraph (C)(iii), by striking the cation. and inserting ‘‘$300,000’’; period at the end and inserting ‘‘, when the vic- ‘‘(2) PARTNERSHIPS.— (2) in subsection (b)— tim of such crime elects or is unable to make ‘‘(A) EDUCATION.—To be eligible to receive a (A) in paragraph (2)— such a report.’’; and grant for the purposes described in subsection (i) by inserting ‘‘, strengthen,’’ after ‘‘To de- (B) in subparagraph (F)— (b)(2), an entity described in paragraph (1) shall velop’’; and (i) in clause (i)(VIII), by striking ‘‘and’’ after be partnered with a public, charter, tribal, or (ii) by inserting ‘‘including the use of tech- the semicolon; nationally accredited private middle or high nology to commit these crimes,’’ after ‘‘sexual (ii) in clause (ii)— school, a school administered by the Department assault and stalking,’’; (I) by striking ‘‘sexual orientation’’ and in- of Defense under section 2164 of title 10, United (B) in paragraph (4)— serting ‘‘ national origin, sexual orientation, States Code or section 1402 of the Defense De- (i) by inserting ‘‘and population specific serv- gender identity,’’; and ices’’ after ‘‘strengthen victim services pro- pendents’ Education Act of 1978, a group of (II) by striking the period and inserting ‘‘; schools, a school district, or an institution of grams’’; (ii) by striking ‘‘entities carrying out’’ and all and’’; and higher education. (iii) by adding at the end the following: ‘‘(B) OTHER PARTNERSHIPS.—All applicants that follows through ‘‘stalking victim services ‘‘(iii) of domestic violence, dating violence, under this section are encouraged to work in programs’’ and inserting ‘‘victim service pro- and stalking incidents that were reported to partnership with organizations and agencies viders’’; and campus security authorities or local police agen- that work with the relevant population. Such (iii) by inserting ‘‘, regardless of whether the services are provided by the institution or in co- cies.’’; entities may include— (2) in paragraph (3), by inserting ‘‘, that with- ‘‘(i) a State, tribe, unit of local government, or ordination with community victim service pro- holds the names of victims as confidential,’’ territory; viders’’ before the period at the end; and ‘‘(ii) a population specific or community-based (C) by adding at the end the following: after ‘‘that is timely’’; organization; ‘‘(9) To develop or adapt and provide develop- (3) in paragraph (6)(A)— ‘‘(iii) batterer intervention programs or sex of- mental, culturally appropriate, and linguis- (A) by redesignating clauses (i), (ii), and (iii) fender treatment programs with specialized tically accessible print or electronic materials to as clauses (ii), (iii), and (iv), respectively; knowledge and experience working with youth address both prevention and intervention in do- (B) by inserting before clause (ii), as redesig- offenders; or mestic violence, dating violence, sexual violence, nated by subparagraph (A), the following: ‘‘(iv) any other agencies or nonprofit, non- and stalking. ‘‘(i) The terms ‘dating violence’, ‘domestic vio- governmental organizations with the capacity to ‘‘(10) To develop or adapt population specific lence’, and ‘stalking’ have the meaning given provide effective assistance to the adult, youth, strategies and projects for victims of domestic vi- such terms in section 40002(a) of the Violence and child victims served by the partnership. olence, dating violence, sexual assault, and Against Women Act of 1994 (42 U.S.C. ‘‘(d) GRANTEE REQUIREMENTS.—Applicants for stalking from underserved populations on cam- 13925(a)).’’; and grants under this section shall establish and im- pus.’’; (C) by inserting after clause (iv), as redesig- plement policies, practices, and procedures (3) in subsection (c)— nated by subparagraph (A), the following: that— (A) in paragraph (2)— ‘‘(v) The term ‘sexual assault’ means an of- ‘‘(1) require and include appropriate referral (i) in subparagraph (B), by striking ‘‘any fense classified as a forcible or nonforcible sex systems for child and youth victims; non-profit’’ and all that follows through ‘‘victim offense under the uniform crime reporting sys- ‘‘(2) protect the confidentiality and privacy of services programs’’ and inserting ‘‘victim service tem of the Federal Bureau of Investigation.’’; child and youth victim information, particularly providers’’; (4) in paragraph (7)— in the context of parental or third party involve- (ii) by redesignating subparagraphs (D) (A) by striking ‘‘paragraph (1)(F)’’ and insert- ment and consent, mandatory reporting duties, through (F) as subparagraphs (E) through (G), ing ‘‘clauses (i) and (ii) of paragraph (1)(F)’’; and working with other service providers all respectively; and and with priority on victim safety and autonomy; (iii) by inserting after subparagraph (C), the (B) by inserting after ‘‘Hate Crime Statistics and following: Act.’’ the following: ‘‘For the offenses of domes- ‘‘(3) ensure that all individuals providing ‘‘(D) describe how underserved populations in tic violence, dating violence, and stalking, such intervention or prevention programming to chil- the campus community will be adequately statistics shall be compiled in accordance with dren or youth through a program funded under served, including the provision of relevant popu- the definitions used in section 40002(a) of the this section have completed, or will complete, lation specific services;’’; and Violence Against Women Act of 1994 (42 U.S.C. sufficient training in connection with domestic (B) in paragraph (3), by striking ‘‘2007 13925(a)).’’; violence, dating violence, sexual assault and through 2011’’ and inserting ‘‘2012 through (5) by striking paragraph (8) and inserting the stalking. 2016’’; following:

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00044 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2707 ‘‘(8)(A) Each institution of higher education and hearing process that protects the safety of TITLE IV—VIOLENCE REDUCTION participating in any program under this title victims and promotes accountability; PRACTICES and title IV of the Economic Opportunity Act of ‘‘(II) the accuser and the accused are entitled SEC. 401. STUDY CONDUCTED BY THE CENTERS 1964, other than a foreign institution of higher to the same opportunities to have others present FOR DISEASE CONTROL AND PRE- education, shall develop and distribute as part during an institutional disciplinary proceeding, VENTION. of the report described in paragraph (1) a state- including the opportunity to be accompanied to Section 402(c) of the Violence Against Women ment of policy regarding— any related meeting or proceeding by an advisor and Department of Justice Reauthorization Act ‘‘(i) such institution’s programs to prevent do- of their choice; and of 2005 (42 U.S.C. 280b–4(c)) is amended by strik- mestic violence, dating violence, sexual assault, ‘‘(III) both the accuser and the accused shall ing ‘‘$2,000,000 for each of the fiscal years 2007 and stalking; and be simultaneously informed, in writing, of— through 2011’’ and inserting ‘‘$1,000,000 for each ‘‘(ii) the procedures that such institution will ‘‘(aa) the outcome of any institutional dis- of the fiscal years 2012 through 2016’’. follow once an incident of domestic violence, ciplinary proceeding that arises from an allega- SEC. 402. SAVING MONEY AND REDUCING TRAGE- dating violence, sexual assault, or stalking has tion of domestic violence, dating violence, sexual DIES THROUGH PREVENTION been reported. assault, or stalking; GRANTS. ‘‘(B) The policy described in subparagraph ‘‘(bb) the institution’s procedures for the ac- (a) SMART PREVENTION.—Section 41303 of the (A) shall address the following areas: cused and the victim to appeal the results of the Violence Against Women Act of 1994 (42 U.S.C. ‘‘(i) Education programs to promote the institutional disciplinary proceeding; 14043d–2) is amended to read as follows: awareness of rape, acquaintance rape, domestic ‘‘(cc) of any change to the results that occurs prior to the time that such results become final; ‘‘SEC. 41303. SAVING MONEY AND REDUCING violence, dating violence, sexual assault, and TRAGEDIES THROUGH PREVENTION stalking, which shall include— and (SMART PREVENTION). ‘‘(I) primary prevention and awareness pro- ‘‘(dd) when such results become final. ‘‘(a) GRANTS AUTHORIZED.—The Attorney ‘‘(v) Information about how the institution grams for all incoming students and new em- General, in consultation with the Secretary of will protect the confidentiality of victims, in- ployees, which shall include— Health and Human Services and the Secretary cluding how publicly-available recordkeeping ‘‘(aa) a statement that the institution of high- of Education, is authorized to award grants for will be accomplished without the inclusion of er education prohibits the offenses of domestic the purpose of preventing domestic violence, identifying information about the victim, to the violence, dating violence, sexual assault, and dating violence, sexual assault, and stalking by extent permissible by law. stalking; taking a comprehensive approach that focuses ‘‘(bb) the definition of domestic violence, dat- ‘‘(vi) Written notification of students and em- on youth, children exposed to violence, and men ing violence, sexual assault, and stalking in the ployees about existing counseling, health, men- as leaders and influencers of social norms. applicable jurisdiction; tal health, victim advocacy, legal assistance, ‘‘(b) USE OF FUNDS.—Funds provided under ‘‘(cc) the definition of consent, in reference to and other services available for victims both on- this section may be used for the following pur- sexual activity, in the applicable jurisdiction; campus and in the community. poses: ‘‘(dd) safe and positive options for bystander ‘‘(vii) Written notification of victims about op- ‘‘(1) TEEN DATING VIOLENCE AWARENESS AND intervention that may be carried out by an indi- tions for, and available assistance in, changing PREVENTION.—To develop, maintain, or enhance vidual to prevent harm or intervene when there academic, living, transportation, and working programs that change attitudes and behaviors is a risk of domestic violence, dating violence, situations, if so requested by the victim and if around the acceptability of domestic violence, sexual assault, or stalking against a person such accommodations are reasonably available, dating violence, sexual assault, and stalking other than such individual; regardless of whether the victim chooses to re- ‘‘(ee) information on risk reduction to recog- port the crime to campus police or local law en- and provide education and skills training to nize warning signs of abusive behavior and how forcement. young individuals and individuals who influ- to avoid potential attacks; and ‘‘(C) A student or employee who reports to an ence young individuals. The prevention program ‘‘(ff) the information described in clauses (ii) institution of higher education that the student may use evidence-based, evidence-informed, or through (vii); and or employee has been a victim of domestic vio- innovative strategies and practices focused on ‘‘(II) ongoing prevention and awareness cam- lence, dating violence, sexual assault, or stalk- youth. Such a program should include— paigns for students and faculty, including infor- ing, whether the offense occurred on or off cam- ‘‘(A) age and developmentally-appropriate mation described in items (aa) through (ff) of pus, shall be provided with a written expla- education on domestic violence, dating violence, subclause (I). nation of the student or employee’s rights and sexual assault, stalking, and sexual coercion, as ‘‘(ii) Possible sanctions or protective measures options, as described in clauses (ii) through (vii) well as healthy relationship skills, in school, in that such institution may impose following a of subparagraph (B).’’; the community, or in health care settings; final determination of an institutional discipli- (6) in paragraph (9), by striking ‘‘The Sec- ‘‘(B) community-based collaboration and nary procedure regarding rape, acquaintance retary’’ and inserting ‘‘The Secretary, in con- training for those with influence on youth, such rape, domestic violence, dating violence, sexual sultation with the Attorney General of the as parents, teachers, coaches, healthcare pro- assault, or stalking. United States,’’; viders, faith-leaders, older teens, and mentors; ‘‘(iii) Procedures victims should follow if a sex (7) by striking paragraph (16) and inserting ‘‘(C) education and outreach to change envi- offense, domestic violence, dating violence, sex- the following: ronmental factors contributing to domestic vio- ual assault, or stalking has occurred, including ‘‘(16)(A) The Secretary shall seek the advice lence, dating violence, sexual assault, and stalk- information in writing about— and counsel of the Attorney General of the ing; and ‘‘(I) the importance of preserving evidence as United States concerning the development, and ‘‘(D) policy development targeted to preven- may be necessary to the proof of criminal domes- dissemination to institutions of higher edu- tion, including school-based policies and proto- tic violence, dating violence, sexual assault, or cation, of best practices information about cam- cols. stalking, or in obtaining a protection order; pus safety and emergencies. ‘‘(2) CHILDREN EXPOSED TO VIOLENCE AND ‘‘(II) to whom the alleged offense should be ‘‘(B) The Secretary shall seek the advice and ABUSE.—To develop, maintain or enhance pro- reported; counsel of the Attorney General of the United grams designed to prevent future incidents of ‘‘(III) options regarding law enforcement and States and the Secretary of Health and Human domestic violence, dating violence, sexual as- campus authorities, including notification of the Services concerning the development, and dis- sault, and stalking by preventing, reducing and victim’s option to— semination to institutions of higher education, responding to children’s exposure to violence in ‘‘(aa) notify proper law enforcement authori- of best practices information about preventing the home. Such programs may include— ties, including on-campus and local police; and responding to incidents of domestic vio- ‘‘(A) providing services for children exposed to ‘‘(bb) be assisted by campus authorities in no- lence, dating violence, sexual assault, and stalk- domestic violence, dating violence, sexual as- tifying law enforcement authorities if the victim ing, including elements of institutional policies sault or stalking, including direct counseling or so chooses; and that have proven successful based on evidence- advocacy, and support for the non-abusing par- ‘‘(cc) decline to notify such authorities; and based outcome measurements.’’; and ent; and ‘‘(IV) where applicable, the rights of victims (8) by striking paragraph (17) and inserting ‘‘(B) training and coordination for edu- and the institution’s responsibilities regarding the following: cational, after-school, and childcare programs orders of protection, no contact orders, restrain- ‘‘(17) No officer, employee, or agent of an in- on how to safely and confidentially identify ing orders, or similar lawful orders issued by a stitution participating in any program under children and families experiencing domestic vio- criminal, civil, or tribal court. this title shall retaliate, intimidate, threaten, co- lence, dating violence, sexual assault, or stalk- ‘‘(iv) Procedures for institutional disciplinary erce, or otherwise discriminate against any indi- ing and properly refer children exposed and action in cases of alleged domestic violence, dat- vidual for exercising their rights or responsibil- their families to services and violence prevention ing violence, sexual assault, or stalking, which ities under any provision of this subsection.’’. programs. shall include a clear statement that— (b) EFFECTIVE DATE.—The amendments made ‘‘(3) ENGAGING MEN AS LEADERS AND ROLE ‘‘(I) such proceedings shall— by this section shall take effect with respect to MODELS.—To develop, maintain or enhance pro- ‘‘(aa) provide a prompt and equitable inves- the annual security report under section grams that work with men to prevent domestic tigation and resolution; and 485(f)(1) of the Higher Education Act of 1965 (20 violence, dating violence, sexual assault, and ‘‘(bb) be conducted by officials who receive U.S.C. 1092(f)(1)) prepared by an institution of stalking by helping men to serve as role models annual training on the issues related to domes- higher education 1 calendar year after the date and social influencers of other men and youth tic violence, dating violence, sexual assault, and of enactment of this Act, and each subsequent at the individual, school, community or state- stalking and how to conduct an investigation calendar year. wide levels.

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‘‘(c) ELIGIBLE ENTITIES.—To be eligible to re- ‘‘(D) document how prevention programs are ‘‘(i) are designed to train medical, psychology, ceive a grant under this section, an entity shall coordinated with service programs in the com- dental, social work, nursing, and other health be— munity. profession students, interns, residents, fellows, ‘‘(1) a victim service provider, community- ‘‘(3) PREFERENCE.—In selecting grant recipi- or current health care providers to identify and based organization, tribe or tribal organization, ents under this section, the Attorney General provide health care services (including mental or other non-profit, nongovernmental organiza- shall give preference to applicants that— or behavioral health care services and referrals tion that has a history of effective work pre- ‘‘(A) include outcome-based evaluation; and to appropriate community services) to individ- venting domestic violence, dating violence, sex- ‘‘(B) identify any other community, school, or uals who are or who have been victims of do- ual assault, or stalking and expertise in the spe- State-based efforts that are working on domestic mestic violence, dating violence, sexual assault, cific area for which they are applying for funds; violence, dating violence, sexual assault, or or stalking; and or stalking prevention and explain how the grant- ‘‘(ii) plan and develop culturally competent ‘‘(2) a partnership between a victim service ee or partnership will add value, coordinate clinical training components for integration into provider, community-based organization, tribe with other programs, and not duplicate existing approved internship, residency, and fellowship or tribal organization, or other non-profit, non- efforts. training or continuing medical or other health ‘‘(e) DEFINITIONS AND GRANT CONDITIONS.—In governmental organization that has a history of education training that address physical, men- this section, the definitions and grant condi- effective work preventing domestic violence, dat- tal, and behavioral health issues, including pro- tions provided for in section 40002 shall apply. ing violence, sexual assault, or stalking and at tective factors, related to domestic violence, dat- least one of the following that has expertise in ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to carry ing violence, sexual assault, stalking, and other serving children exposed to domestic violence, forms of violence and abuse, focus on reducing dating violence, sexual assault, or stalking, out this section, $15,000,000 for each of fiscal years 2012 through 2016. Amounts appropriated health disparities and preventing violence and youth domestic violence, dating violence, sexual abuse, and include the primacy of victim safety assault, or stalking prevention, or engaging men under this section may only be used for pro- grams and activities described under this sec- and confidentiality; to prevent domestic violence, dating violence, ‘‘(B) design and implement comprehensive sexual assault, or stalking: tion. ‘‘(g) ALLOTMENT.— strategies to improve the response of the health ‘‘(A) A public, charter, tribal, or nationally care system to domestic or sexual violence in accredited private middle or high school, a ‘‘(1) IN GENERAL.—Not less than 25 percent of the total amounts appropriated under this sec- clinical and public health settings, hospitals, school administered by the Department of De- clinics, and other health settings (including be- fense under section 2164 of title 10, United States tion in each fiscal year shall be used for each set of purposes described in paragraphs (1), (2), havioral and mental health), under subsection Code or section 1402 of the Defense Dependents’ (a)(3) through— Education Act of 1978, a group of schools, or a and (3) of subsection (b). ‘‘(2) INDIAN TRIBES.—Not less than 10 percent ‘‘(i) the implementation, dissemination, and school district. of the total amounts appropriated under this evaluation of policies and procedures to guide ‘‘(B) A local community-based organization, section in each fiscal year shall be made avail- health professionals and public health staff in population-specific organization, or faith-based able for grants to Indian tribes or tribal organi- identifying and responding to domestic violence, organization that has established expertise in zations. If an insufficient number of applica- dating violence, sexual assault, and stalking, providing services to youth. including strategies to ensure that health infor- ‘‘(C) A community-based organization, popu- tions are received from Indian tribes or tribal or- mation is maintained in a manner that protects lation-specific organization, university or health ganizations, such funds shall be allotted to the patient’s privacy and safety, and safely uses care clinic, faith-based organization, or other other population-specific programs.’’. (b) REPEALS.—The following provisions are re- health information technology to improve docu- non-profit, nongovernmental organization with pealed: mentation, identification, assessment, treatment, a demonstrated history of effective work ad- (1) Sections 41304 and 41305 of the Violence and follow-up care; dressing the needs of children exposed to domes- Against Women Act of 1994 (42 U.S.C. 14043d–3 ‘‘(ii) the development of on-site access to serv- tic violence, dating violence, sexual assault, or and 14043d–4). ices to address the safety, medical, and mental stalking. (2) Section 403 of the Violence Against Women health needs of patients by increasing the ca- ‘‘(D) A nonprofit, nongovernmental entity and Department of Justice Reauthorization Act pacity of existing health care professionals and providing services for runaway or homeless of 2005 (42 U.S.C. 14045c). public health staff to address domestic violence, youth affected by domestic violence, dating vio- TITLE V—STRENGTHENING THE dating violence, sexual assault, and stalking, or lence, sexual assault, or stalking. ‘‘(E) Healthcare entities eligible for reimburse- HEALTHCARE SYSTEM’S RESPONSE TO by contracting with or hiring domestic or sexual ment under title XVIII of the Social Security DOMESTIC VIOLENCE, DATING VIO- assault advocates to provide such services or to Act, including providers that target the special LENCE, SEXUAL ASSAULT, AND STALK- model other services appropriate to the geo- needs of children and youth. ING graphic and cultural needs of a site; ‘‘(F) Any other agencies, population-specific SEC. 501. CONSOLIDATION OF GRANTS TO ‘‘(iii) the development of measures and meth- organizations, or nonprofit, nongovernmental STRENGTHEN THE HEALTHCARE ods for the evaluation of the practice of identi- organizations with the capacity to provide nec- SYSTEM’S RESPONSE TO DOMESTIC fication, intervention, and documentation re- VIOLENCE, DATING VIOLENCE, SEX- essary expertise to meet the goals of the pro- garding victims of domestic violence, dating vio- UAL ASSAULT, AND STALKING. lence, sexual assault, and stalking, including gram; or (a) GRANTS.—Section 399P of the Public ‘‘(3) a public, charter, tribal, or nationally ac- the development and testing of quality improve- Health Service Act (42 U.S.C. 280g–4) is amended credited private middle or high school, a school ment measurements, in accordance with the to read as follows: administered by the Department of Defense multi-stakeholder and quality measurement ‘‘SEC. 399P. GRANTS TO STRENGTHEN THE processes established under paragraphs (7) and under section 2164 of title 10, United States Code HEALTHCARE SYSTEM’S RESPONSE or section 1402 of the Defense Dependents’ Edu- (8) of section 1890(b) and section 1890A of the TO DOMESTIC VIOLENCE, DATING VI- Social Security Act (42 U.S.C. 1395aaa(b)(7) and cation Act of 1978, a group of schools, a school OLENCE, SEXUAL ASSAULT, AND district, or an institution of higher education. STALKING. (8); 42 U.S.C. 1890A); and ‘‘(d) GRANTEE REQUIREMENTS.— ‘‘(a) IN GENERAL.—The Secretary shall award ‘‘(iv) the provision of training and follow-up ‘‘(1) IN GENERAL.—Applicants for grants under grants for— technical assistance to health care profes- this section shall prepare and submit to the Di- ‘‘(1) the development or enhancement and im- sionals, and public health staff, and allied rector an application at such time, in such man- plementation of interdisciplinary training for health professionals to identify, assess, treat, ner, and containing such information as the Di- health professionals, public health staff, and al- and refer clients who are victims of domestic vi- rector may require that demonstrates the capac- lied health professionals; olence, dating violence, sexual assault, or stalk- ity of the applicant and partnering organiza- ‘‘(2) the development or enhancement and im- ing, including using tools and training materials tions to undertake the project. plementation of education programs for medical, already developed. ‘‘(2) POLICIES AND PROCEDURES.—Applicants nursing, dental, and other health profession ‘‘(2) PERMISSIBLE USES.— under this section shall establish and implement students and residents to prevent and respond ‘‘(A) CHILD AND ELDER ABUSE.—To the extent policies, practices, and procedures that— to domestic violence, dating violence, sexual as- consistent with the purpose of this section, a ‘‘(A) include appropriate referral systems to sault, and stalking; and grantee may use amounts received under this direct any victim identified during program ac- ‘‘(3) the development or enhancement and im- section to address, as part of a comprehensive tivities to highly qualified follow-up care; plementation of comprehensive statewide strate- programmatic approach implemented under the ‘‘(B) protect the confidentiality and privacy of gies to improve the response of clinics, public grant, issues relating to child or elder abuse. adult and youth victim information, particu- health facilities, hospitals, and other health set- ‘‘(B) RURAL AREAS.—Grants funded under larly in the context of parental or third party tings (including behavioral and mental health paragraphs (1) and (2) of subsection (a) may be involvement and consent, mandatory reporting programs) to domestic violence, dating violence, used to offer to rural areas community-based duties, and working with other service pro- sexual assault, and stalking. training opportunities, which may include the viders; ‘‘(b) USE OF FUNDS.— use of distance learning networks and other ‘‘(C) ensure that all individuals providing pre- ‘‘(1) REQUIRED USES.—Amounts provided available technologies needed to reach isolated vention programming through a program funded under a grant under this section shall be used rural areas, for medical, nursing, and other under this section have completed or will com- to— health profession students and residents on do- plete sufficient training in connection with do- ‘‘(A) fund interdisciplinary training and edu- mestic violence, dating violence, sexual assault, mestic violence, dating violence, sexual assault cation programs under paragraphs (1) and (2) of stalking, and, as appropriate, other forms of vi- or stalking; and subsection (a) that— olence and abuse.

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‘‘(C) OTHER USES.—Grants funded under sub- mestic violence, dating violence, sexual assault, respect to the planning, development, and oper- section (a)(3) may be used for — and stalking. ation of any program, activity or service carried ‘‘(i) the development of training modules and ‘‘(C) SUBSECTION (A)(3) GRANTEES.—An entity out pursuant to this section. Not more than 8 policies that address the overlap of child abuse, desiring a grant under subsection (a)(3) shall percent of the funds appropriated under this domestic violence, dating violence, sexual as- submit an application to the Secretary at such section in each fiscal year may be used to fund sault, and stalking and elder abuse, as well as time, in such a manner, and containing such in- technical assistance under this subsection. childhood exposure to domestic and sexual vio- formation and assurances as the Secretary may ‘‘(2) AVAILABILITY OF MATERIALS.—The Sec- lence; require, including— retary shall make publicly available materials ‘‘(ii) the development, expansion, and imple- ‘‘(i) documentation that all training, edu- developed by grantees under this section, in- mentation of sexual assault forensic medical ex- cation, screening, assessment, services, treat- cluding materials on training, best practices, amination or sexual assault nurse examiner pro- ment, and any other approach to patient care and research and evaluation. grams; will be informed by an understanding of vio- ‘‘(3) REPORTING.—The Secretary shall publish ‘‘(iii) the inclusion of the health effects of life- lence and abuse victimization and trauma-spe- a biennial report on— time exposure to violence and abuse as well as cific approaches that will be integrated into pre- ‘‘(A) the distribution of funds under this sec- related protective factors and behavioral risk vention, intervention, and treatment activities; tion; and factors in health professional training schools ‘‘(ii) strategies for the development and imple- ‘‘(B) the programs and activities supported by including medical, dental, nursing, social work, mentation of policies to prevent and address do- such funds. and mental and behavioral health curricula, mestic violence, dating violence, sexual assault, ‘‘(f) RESEARCH AND EVALUATION.— ‘‘(1) IN GENERAL.—Of the funds made avail- and allied health service training courses; or and stalking over the lifespan in health care able to carry out this section for any fiscal year, ‘‘(iv) the integration of knowledge of domestic settings; violence, dating violence, sexual assault, and ‘‘(iii) a plan for consulting with State and the Secretary may use not more than 20 percent stalking into health care accreditation and pro- tribal domestic violence or sexual assault coali- to make a grant or enter into a contract for re- fessional licensing examinations, such as med- tions, national nonprofit victim advocacy orga- search and evaluation of— ‘‘(A) grants awarded under this section; and ical, dental, social work, and nursing boards, nizations, State or tribal law enforcement task ‘‘(B) other training for health professionals and where appropriate, other allied health forces (where appropriate), and population spe- and effective interventions in the health care exams. cific organizations with demonstrated expertise setting that prevent domestic violence, dating vi- ‘‘(c) REQUIREMENTS FOR GRANTEES.— in domestic violence, dating violence, sexual as- olence, and sexual assault across the lifespan, ‘‘(1) CONFIDENTIALITY AND SAFETY.— sault, or stalking; prevent the health effects of such violence, and ‘‘(A) IN GENERAL.—Grantees under this sec- ‘‘(iv) with respect to an application for a improve the safety and health of individuals tion shall ensure that all programs developed grant under which the grantee will have contact who are currently being victimized. with grant funds address issues of confiden- with patients, a plan, developed in collaboration ‘‘(2) RESEARCH.—Research authorized in para- tiality and patient safety and comply with ap- with local victim service providers, to respond graph (1) may include— plicable confidentiality and nondisclosure re- appropriately to and make correct referrals for ‘‘(A) research on the effects of domestic vio- quirements under section 40002(b)(2) of the Vio- individuals who disclose that they are victims of lence, dating violence, sexual assault, and child- lence Against Women Act of 1994 and the Fam- domestic violence, dating violence, sexual as- hood exposure to domestic, dating or sexual vio- ily Violence Prevention and Services Act, and sault, stalking, or other types of violence, and lence on health behaviors, health conditions, that faculty and staff associated with delivering documentation provided by the grantee of an and health status of individuals, families, and educational components are fully trained in ongoing collaborative relationship with a local populations, including underserved populations; procedures that will protect the immediate and victim service provider; and ‘‘(B) research to determine effective health ongoing security and confidentiality of the pa- ‘‘(v) with respect to an application for a grant care interventions to respond to and prevent do- tients, patient records, and staff. Such grantees proposing to fund a program described in sub- mestic violence, dating violence, sexual assault, shall consult entities with demonstrated exper- section (b)(2)(C)(ii), a certification that any sex- and stalking; tise in the confidentiality and safety needs of ual assault forensic medical examination and ‘‘(C) research on the impact of domestic, dat- victims of domestic violence, dating violence, sexual assault nurse examiner programs sup- ing and sexual violence, childhood exposure to sexual assault, and stalking on the development ported with such grant funds will adhere to the such violence, and stalking on the health care and adequacy of confidentially and security guidelines set forth by the Attorney General. system, health care utilization, health care procedures, and provide documentation of such ‘‘(d) ELIGIBLE ENTITIES.— costs, and health status; and consultation. ‘‘(1) IN GENERAL.—To be eligible to receive ‘‘(D) research on the impact of adverse child- ‘‘(B) ADVANCE NOTICE OF INFORMATION DIS- funding under paragraph (1) or (2) of subsection hood experiences on adult experience with do- CLOSURE.—Grantees under this section shall (a), an entity shall be— mestic violence, dating violence, sexual assault, provide to patients advance notice about any ‘‘(A) a nonprofit organization with a history stalking, and adult health outcomes, including circumstances under which information may be of effective work in the field of training health how to reduce or prevent the impact of adverse disclosed, such as mandatory reporting laws, professionals with an understanding of, and childhood experiences through the health care and shall give patients the option to receive in- clinical skills pertinent to, domestic violence, setting. formation and referrals without affirmatively dating violence, sexual assault, or stalking, and ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— disclosing abuse. lifetime exposure to violence and abuse; There is authorized to be appropriated to carry ‘‘(2) LIMITATION ON ADMINISTRATIVE EX- ‘‘(B) an accredited school of allopathic or os- out this section, $10,000,000 for each of fiscal PENSES.—A grantee shall use not more than 10 teopathic medicine, psychology, nursing, den- years 2012 through 2016. percent of the amounts received under a grant tistry, social work, or allied health; ‘‘(h) DEFINITIONS.—Except as otherwise pro- under this section for administrative expenses. ‘‘(C) a health care provider membership or vided herein, the definitions provided for in sec- ‘‘(3) APPLICATION.— professional organization, or a health care sys- tion 40002 of the Violence Against Women Act of ‘‘(A) PREFERENCE.—In selecting grant recipi- tem; or 1994 shall apply to this section.’’. ents under this section, the Secretary shall give ‘‘(D) a State, tribal, territorial, or local entity. (b) REPEALS.—The following provisions are re- preference to applicants based on the strength ‘‘(2) SUBSECTION (A)(3) GRANTEES.—To be eligi- pealed: of their evaluation strategies, with priority ble to receive funding under subsection (a)(3), (1) Section 40297 of the Violence Against given to outcome based evaluations. an entity shall be— Women Act of 1994 (42 U.S.C. 13973). ‘‘(B) SUBSECTION (A)(1) AND (2) GRANTEES.—Ap- ‘‘(A) a State department (or other division) of (2) Section 758 of the Public Health Service plications for grants under paragraphs (1) and health, a State, tribal, or territorial domestic vi- Act (42 U.S.C. 294h). (2) of subsection (a) shall include— olence or sexual assault coalition or victim serv- TITLE VI—SAFE HOMES FOR VICTIMS OF ‘‘(i) documentation that the applicant rep- ice provider, or any other nonprofit, nongovern- DOMESTIC VIOLENCE, DATING VIO- resents a team of entities working collabo- mental organization with a history of effective LENCE, SEXUAL ASSAULT, AND STALK- ratively to strengthen the response of the health work in the fields of domestic violence, dating ING care system to domestic violence, dating vio- violence, sexual assault, or stalking, and health SEC. 601. HOUSING PROTECTIONS FOR VICTIMS lence, sexual assault, or stalking, and which in- care, including physical or mental health care; OF DOMESTIC VIOLENCE, DATING VI- cludes at least one of each of— or OLENCE, SEXUAL ASSAULT, AND ‘‘(I) an accredited school of allopathic or os- ‘‘(B) a local victim service provider, a local de- STALKING. teopathic medicine, psychology, nursing, den- partment (or other division) of health, a local (a) AMENDMENT.—Subtitle N of the Violence tistry, social work, or other health field; health clinic, hospital, or health system, or any Against Women Act of 1994 (42 U.S.C. 14043e et ‘‘(II) a health care facility or system; or other community-based organization with a his- seq.) is amended— ‘‘(III) a government or nonprofit entity with a tory of effective work in the field of domestic vi- (1) by inserting after the subtitle heading the history of effective work in the fields of domestic olence, dating violence, sexual assault, or stalk- following: violence, dating violence, sexual assault, or ing and health care, including physical or men- ‘‘CHAPTER 1—GRANT PROGRAMS’’; stalking; and tal health care. (2) in section 41402 (42 U.S.C. 14043e–1), in the ‘‘(ii) strategies for the dissemination and shar- ‘‘(e) TECHNICAL ASSISTANCE.— matter preceding paragraph (1), by striking ing of curricula and other educational materials ‘‘(1) IN GENERAL.—Of the funds made avail- ‘‘subtitle’’ and inserting ‘‘chapter’’; developed under the grant, if any, with other able to carry out this section for any fiscal year, (3) in section 41403 (42 U.S.C. 14043e–2), in the interested health professions schools and na- the Secretary may make grants or enter into matter preceding paragraph (1), by striking tional resource repositories for materials on do- contracts to provide technical assistance with ‘‘subtitle’’ and inserting ‘‘chapter’’; and

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00047 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2710 CONGRESSIONAL RECORD — SENATE April 25, 2012 (4) by adding at the end the following: ing that is engaged in by a member of the house- agency or owner or manager may request, in ‘‘CHAPTER 2—HOUSING RIGHTS hold of the tenant or any guest or other person writing, that the applicant or tenant submit to under the control of the tenant, if the tenant or the public housing agency or owner or manager ‘‘SEC. 41411. HOUSING PROTECTIONS FOR VIC- an affiliated individual of the tenant is the vic- a form of documentation described in paragraph TIMS OF DOMESTIC VIOLENCE, DAT- ING VIOLENCE, SEXUAL ASSAULT, tim or threatened victim of such domestic vio- (3). AND STALKING. lence, dating violence, sexual assault, or stalk- ‘‘(2) FAILURE TO PROVIDE CERTIFICATION.— ‘‘(a) DEFINITIONS.—In this chapter: ing. ‘‘(A) IN GENERAL.—If an applicant or tenant ‘‘(1) AFFILIATED INDIVIDUAL.—The term ‘af- ‘‘(B) BIFURCATION.— does not provide the documentation requested filiated individual’ means, with respect to an in- ‘‘(i) IN GENERAL.—Notwithstanding subpara- under paragraph (1) within 14 business days dividual— graph (A), a public housing agency or owner or after the tenant receives a request in writing for ‘‘(A) a spouse, parent, brother, sister, or child manager of housing assisted under a covered such certification from a public housing agency of that individual, or an individual to whom housing program may bifurcate a lease for the or owner or manager of housing assisted under that individual stands in loco parentis; or housing in order to evict, remove, or terminate a covered housing program, nothing in this ‘‘(B) any individual, tenant, or lawful occu- assistance to any individual who is a tenant or chapter may be construed to limit the authority pant living in the household of that individual. lawful occupant of the housing and who en- of the public housing agency or owner or man- gages in criminal activity directly relating to do- ‘‘(2) APPROPRIATE AGENCY.—The term ‘appro- ager to— priate agency’ means, with respect to a covered mestic violence, dating violence, sexual assault, or stalking against an affiliated individual or ‘‘(i) deny admission by the applicant or ten- housing program, the Executive department (as ant to the covered program; defined in section 101 of title 5, United States other individual, without evicting, removing, terminating assistance to, or otherwise penal- ‘‘(ii) deny assistance under the covered pro- Code) that carries out the covered housing pro- gram to the applicant or tenant; gram. izing a victim of such criminal activity who is ‘‘(iii) terminate the participation of the appli- ‘‘(3) COVERED HOUSING PROGRAM.—The term also a tenant or lawful occupant of the housing. cant or tenant in the covered program; or ‘covered housing program’ means— ‘‘(ii) EFFECT OF EVICTION ON OTHER TEN- ‘‘(A) the program under section 202 of the ANTS.—If public housing agency or owner or ‘‘(iv) evict the applicant, the tenant, or a law- Housing Act of 1959 (12 U.S.C. 1701q); manager of housing assisted under a covered ful occupant that commits violations of a lease. ‘‘(B) the program under section 811 of the housing program evicts, removes, or terminates ‘‘(B) EXTENSION.—A public housing agency or Cranston-Gonzalez National Affordable Housing assistance to an individual under clause (i), and owner or manager of housing may extend the Act (42 U.S.C. 8013); the individual is the sole tenant eligible to re- 14-day deadline under subparagraph (A) at its ‘‘(C) the program under subtitle D of title VIII ceive assistance under a covered housing pro- discretion. gram, the public housing agency or owner or of the Cranston-Gonzalez National Affordable ‘‘(3) FORM OF DOCUMENTATION.—A form of Housing Act (42 U.S.C. 12901 et seq.); manager of housing assisted under the covered documentation described in this paragraph is— housing program shall provide any remaining ‘‘(D) the program under subtitle A of title IV ‘‘(A) a certification form approved by the ap- tenant an opportunity to establish eligibility for of the McKinney-Vento Homeless Assistance Act propriate agency that— the covered housing program. If a tenant de- (42 U.S.C. 11360 et seq.); ‘‘(i) states that an applicant or tenant is a ‘‘(E) the program under subtitle A of title II of scribed in the preceding sentence cannot estab- lish eligibility, the public housing agency or victim of domestic violence, dating violence, sex- the Cranston-Gonzalez National Affordable ual assault, or stalking; Housing Act (42 U.S.C. 12741 et seq.); owner or manager of the housing shall provide the tenant a reasonable time, as determined by ‘‘(ii) states that the incident of domestic vio- ‘‘(F) the program under paragraph (3) of sec- lence, dating violence, sexual assault, or stalk- tion 221(d) of the National Housing Act (12 the appropriate agency, to find new housing or to establish eligibility for housing under another ing that is the ground for protection under sub- U.S.C. 1715l(d)) that bears interest at a rate de- section (b) meets the requirements under sub- termined under the proviso under paragraph (5) covered housing program. ‘‘(C) RULES OF CONSTRUCTION.—Nothing in section (b); and of such section 221(d); subparagraph (A) shall be construed— ‘‘(iii) includes the name of the individual who ‘‘(G) the program under section 236 of the Na- ‘‘(i) to limit the authority of a public housing committed the domestic violence, dating vio- tional Housing Act (12 U.S.C. 1715z–1); agency or owner or manager of housing assisted lence, sexual assault, or stalking, if the name is ‘‘(H) the programs under sections 6 and 8 of under a covered housing program, when notified known and safe to provide; the United States Housing Act of 1937 (42 U.S.C. of a court order, to comply with a court order 1437d and 1437f); ‘‘(B) a document that— with respect to— ‘‘(i) is signed by— ‘‘(I) rural housing assistance provided under ‘‘(I) the rights of access to or control of prop- ‘‘(I) an employee, agent, or volunteer of a vic- sections 514, 515, 516, 533, and 538 of the Hous- erty, including civil protection orders issued to tim service provider, an attorney, a medical pro- ing Act of 1949 (42 U.S.C. 1484, 1485, 1486, 1490m, protect a victim of domestic violence, dating vio- fessional, or a mental health professional from and 1490p–2); and lence, sexual assault, or stalking; or ‘‘(J) the low income housing tax credit pro- ‘‘(II) the distribution or possession of property whom an applicant or tenant has sought assist- gram under section 42 of the Internal Revenue among members of a household in a case; ance relating to domestic violence, dating vio- Code of 1986. ‘‘(ii) to limit any otherwise available author- lence, sexual assault, or stalking, or the effects ‘‘(b) PROHIBITED BASIS FOR DENIAL OR TERMI- ity of a public housing agency or owner or man- of the abuse; and NATION OF ASSISTANCE OR EVICTION.— ager of housing assisted under a covered hous- ‘‘(II) the applicant or tenant; and ‘‘(1) IN GENERAL.—An applicant for or tenant ing program to evict or terminate assistance to a ‘‘(ii) states under penalty of perjury that the of housing assisted under a covered housing tenant for any violation of a lease not premised individual described in clause (i)(I) believes that program may not be denied admission to, denied on the act of violence in question against the the incident of domestic violence, dating vio- assistance under, terminated from participation tenant or an affiliated person of the tenant, if lence, sexual assault, or stalking that is the in, or evicted from the housing on the basis that the public housing agency or owner or manager ground for protection under subsection (b) meets the applicant or tenant is or has been a victim does not subject an individual who is or has the requirements under subsection (b); of domestic violence, dating violence, sexual as- been a victim of domestic violence, dating vio- ‘‘(C) a record of a Federal, State, tribal, terri- sault, or stalking, if the applicant or tenant oth- lence, or stalking to a more demanding standard torial, or local law enforcement agency, court, erwise qualifies for admission, assistance, par- than other tenants in determining whether to or administrative agency; or ticipation, or occupancy. evict or terminate; ‘‘(D) at the discretion of a public housing ‘‘(2) CONSTRUCTION OF LEASE TERMS.—An in- ‘‘(iii) to limit the authority to terminate assist- agency or owner or manager of housing assisted cident of actual or threatened domestic violence, ance to a tenant or evict a tenant from housing under a covered housing program, a statement dating violence, sexual assault, or stalking shall assisted under a covered housing program if a or other evidence provided by an applicant or not be construed as— public housing agency or owner or manager of tenant. ‘‘(A) a serious or repeated violation of a lease the housing can demonstrate that an actual and ‘‘(4) CONFIDENTIALITY.—Any information sub- for housing assisted under a covered housing imminent threat to other tenants or individuals program by the victim or threatened victim of mitted to a public housing agency or owner or employed at or providing service to the property manager under this subsection, including the such incident; or would be present if the assistance is not termi- ‘‘(B) good cause for terminating the assist- fact that an individual is a victim of domestic nated or the tenant is not evicted; or violence, dating violence, sexual assault, or ance, tenancy, or occupancy rights to housing ‘‘(iv) to supersede any provision of any Fed- stalking shall be maintained in confidence by assisted under a covered housing program of the eral, State, or local law that provides greater the public housing agency or owner or manager victim or threatened victim of such incident. protection than this section for victims of domes- and may not be entered into any shared data- ‘‘(3) TERMINATION ON THE BASIS OF CRIMINAL tic violence, dating violence, sexual assault, or base or disclosed to any other entity or indi- ACTIVITY.— stalking. vidual, except to the extent that the disclosure ‘‘(A) DENIAL OF ASSISTANCE, TENANCY, AND OC- ‘‘(c) DOCUMENTATION.— is— CUPANCY RIGHTS PROHIBITED.—No person may ‘‘(1) REQUEST FOR DOCUMENTATION.—If an ap- deny assistance, tenancy, or occupancy rights plicant for, or tenant of, housing assisted under ‘‘(A) requested or consented to by the indi- to housing assisted under a covered housing a covered housing program represents to a pub- vidual in writing; program to a tenant solely on the basis of crimi- lic housing agency or owner or manager of the ‘‘(B) required for use in an eviction pro- nal activity directly relating to domestic vio- housing that the individual is entitled to protec- ceeding under subsection (b); or lence, dating violence, sexual assault, or stalk- tion under subsection (b), the public housing ‘‘(C) otherwise required by applicable law.

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‘‘(5) DOCUMENTATION NOT REQUIRED.—Noth- agency or owner or manager does not disclose (3) RULE OF CONSTRUCTION.—Nothing in this ing in this subsection shall be construed to re- the location of the dwelling unit of a tenant to Act, or the amendments made by this Act, shall quire a public housing agency or owner or man- a person that commits an act of domestic vio- be construed— ager of housing assisted under a covered hous- lence, dating violence, sexual assault, or stalk- (A) to limit the rights or remedies available to ing program to request that an individual sub- ing against the tenant. any person under section 6 or 8 of the United mit documentation of the status of the indi- ‘‘(f) POLICIES AND PROCEDURES FOR EMER- States Housing Act of 1937 (42 U.S.C. 1437d and vidual as a victim of domestic violence, dating GENCY TRANSFER.—The Secretary of Housing 1437f), as in effect on the day before the date of violence, sexual assault, or stalking. and Urban Development shall establish policies enactment of this Act; ‘‘(6) COMPLIANCE NOT SUFFICIENT TO CON- and procedures under which a victim requesting (B) to limit any right, remedy, or procedure STITUTE EVIDENCE OF UNREASONABLE ACT.—Com- an emergency transfer under subsection (e) may otherwise available under any provision of part pliance with subsection (b) by a public housing receive, subject to the availability of tenant pro- 5, 91, 880, 882, 883, 884, 886, 891, 903, 960, 966, agency or owner or manager of housing assisted tection vouchers, assistance under section 8(o) 982, or 983 of title 24, Code of Federal Regula- under a covered housing program based on doc- of the United States Housing Act of 1937 (42 tions, that— umentation received under this subsection, shall U.S.C. 1437f(o)). (i) was issued under the Violence Against not be sufficient to constitute evidence of an un- ‘‘(g) IMPLEMENTATION.—The appropriate Women and Department of Justice Reauthoriza- reasonable act or omission by the public housing agency with respect to each covered housing tion Act of 2005 (Public Law 109–162; 119 Stat. agency or owner or manager or an employee or program shall implement this section, as this 2960) or an amendment made by that Act; and agent of the public housing agency or owner or section applies to the covered housing pro- (ii) provides greater protection for victims of manager. Nothing in this paragraph shall be gram.’’. domestic violence, dating violence, sexual as- construed to limit the liability of a public hous- (b) CONFORMING AMENDMENTS.— sault, and stalking than this Act; or ing agency or owner or manager of housing as- (1) SECTION 6.—Section 6 of the United States (C) to disqualify an owner, manager, or other sisted under a covered housing program for fail- Housing Act of 1937 (42 U.S.C. 1437d) is amend- individual from participating in or receiving the ure to comply with subsection (b). ed— benefits of the low income housing tax credit ‘‘(7) RESPONSE TO CONFLICTING CERTIFI- (A) in subsection (c)— program under section 42 of the Internal Rev- CATION.—If a public housing agency or owner or (i) by striking paragraph (3); and enue Code of 1986 because of noncompliance manager of housing assisted under a covered (ii) by redesignating paragraphs (4) and (5) as with the provisions of this Act. housing program receives documentation under paragraphs (3) and (4), respectively; SEC. 602. TRANSITIONAL HOUSING ASSISTANCE this subsection that contains conflicting infor- (B) in subsection (l)— GRANTS FOR VICTIMS OF DOMESTIC mation, the public housing agency or owner or (i) in paragraph (5), by striking ‘‘, and that VIOLENCE, DATING VIOLENCE, SEX- UAL ASSAULT, AND STALKING. manager may require an applicant or tenant to an incident or incidents of actual or threatened Chapter 11 of subtitle B of the Violence submit third-party documentation, as described domestic violence, dating violence, or stalking Against Women Act of 1994 (42 U.S.C. 13975 et in subparagraph (B), (C), or (D) of paragraph will not be construed as a serious or repeated (3). seq.) is amended— violation of the lease by the victim or threatened (1) in the chapter heading, by striking ‘‘(8) PREEMPTION.—Nothing in this subsection victim of that violence and will not be good ‘‘CHILD VICTIMS OF DOMESTIC VIOLENCE, shall be construed to supersede any provision of cause for terminating the tenancy or occupancy STALKING, OR SEXUAL ASSAULT’’ and in- any Federal, State, or local law that provides rights of the victim of such violence’’; and serting ‘‘VICTIMS OF DOMESTIC VIOLENCE, greater protection than this subsection for vic- (ii) in paragraph (6), by striking ‘‘; except DATING VIOLENCE, SEXUAL ASSAULT, OR tims of domestic violence, dating violence, sex- that’’ and all that follows through ‘‘stalking.’’; ual assault, or stalking. STALKING’’; and and (2) in section 40299 (42 U.S.C. 13975)— ‘‘(d) NOTIFICATION.— (C) by striking subsection (u). ‘‘(1) DEVELOPMENT.—The Secretary of Hous- (A) in the header, by striking ‘‘child victims (2) SECTION 8.—Section 8 of the United States of domestic violence, stalking, or sexual as- ing and Urban Development shall develop a no- Housing Act of 1937 (42 U.S.C. 1437f) is amend- tice of the rights of individuals under this sec- sault’’ and inserting ‘‘victims of domestic vio- ed— lence, dating violence, sexual assault, or tion, including the right to confidentiality and (A) in subsection (c), by striking paragraph the limits thereof. stalking’’; (9); (B) in subsection (a)(1), by striking ‘‘fleeing’’; ‘‘(2) PROVISION.—Each public housing agency (B) in subsection (d)(1)— or owner or manager of housing assisted under (C) in subsection (b)(3)— (i) in subparagraph (A), by striking ‘‘and that (i) in subparagraph (A), by striking ‘‘ and’’ at a covered housing program shall provide the no- an applicant or participant is or has been a vic- the end; tice developed under paragraph (1), together tim of domestic violence, dating violence, or (ii) by redesignating subparagraph (B) as sub- with the form described in subsection (c)(3)(A), stalking is not an appropriate basis for denial of paragraph (C); to an applicant for or tenants of housing as- program assistance or for denial of admission if (iii) by inserting after subparagraph (A) the sisted under a covered housing program— the applicant otherwise qualifies for assistance following: ‘‘(A) at the time the applicant is denied resi- or admission’’; and ‘‘(B) secure employment, including obtaining dency in a dwelling unit assisted under the cov- (ii) in subparagraph (B)— employment counseling, occupational training, ered housing program; (I) in clause (ii), by striking ‘‘, and that an in- job retention counseling, and counseling con- ‘‘(B) at the time the individual is admitted to cident or incidents of actual or threatened do- cerning re-entry in to the workforce; and’’; and a dwelling unit assisted under the covered hous- mestic violence, dating violence, or stalking will (iv) in subparagraph (C), as redesignated by ing program; clause (ii), by striking ‘‘ employment coun- ‘‘(C) with any notification of eviction or noti- not be construed as a serious or repeated viola- seling,’’; and fication of termination of assistance; and tion of the lease by the victim or threatened vic- tim of that violence and will not be good cause (D) in subsection (g)— ‘‘(D) in multiple languages, consistent with (i) in paragraph (1), by striking ‘‘$40,000,000 guidance issued by the Secretary of Housing for terminating the tenancy or occupancy rights of the victim of such violence’’; and for each of fiscal years 2007 through 2011’’ and and Urban Development in accordance with Ex- inserting ‘‘$35,000,000 for each of fiscal years ecutive Order 13166 (42 U.S.C. 2000d–1 note; re- (II) in clause (iii), by striking ‘‘, except that:’’ and all that follows through ‘‘stalking.’’; 2012 through 2016’’; and lating to access to services for persons with lim- (ii) in paragraph (3)— ited English proficiency). (C) in subsection (f)— (i) in paragraph (6), by adding ‘‘and’’ at the (I) in subparagraph (A), by striking ‘‘eligible’’ ‘‘(e) EMERGENCY TRANSFERS.—Each appro- and inserting ‘‘qualified’’; and priate agency shall adopt a model emergency end; (ii) in paragraph (7), by striking the semicolon (II) by adding at the end the following: transfer plan for use by public housing agencies ‘‘(D) QUALIFIED APPLICATION DEFINED.—In at the end and inserting a period; and and owners or managers of housing assisted this paragraph, the term ‘qualified application’ (iii) by striking paragraphs (8), (9), (10), and under covered housing programs that— means an application that— (11); ‘‘(1) allows tenants who are victims of domes- ‘‘(i) has been submitted by an eligible appli- (D) in subsection (o)— tic violence, dating violence, sexual assault, or cant; (i) in paragraph (6)(B), by striking the last stalking to transfer to another available and ‘‘(ii) does not propose any activities that may sentence; safe dwelling unit assisted under a covered compromise victim safety, including— housing program if— (ii) in paragraph (7)— ‘‘(I) background checks of victims; or ‘‘(A) the tenant expressly requests the trans- (I) in subparagraph (C), by striking ‘‘and that ‘‘(II) clinical evaluations to determine eligi- fer; and an incident or incidents of actual or threatened bility for services; ‘‘(B)(i) the tenant reasonably believes that the domestic violence, dating violence, or stalking ‘‘(iii) reflects an understanding of the dynam- tenant is threatened with imminent harm from shall not be construed as a serious or repeated ics of domestic violence, dating violence, sexual further violence if the tenant remains within the violation of the lease by the victim or threatened assault, or stalking; and same dwelling unit assisted under a covered victim of that violence and shall not be good ‘‘(iv) does not propose prohibited activities, in- housing program; or cause for terminating the tenancy or occupancy cluding mandatory services for victims.’’. ‘‘(ii) in the case of a tenant who is a victim of rights of the victim of such violence’’; and SEC. 603. ADDRESSING THE HOUSING NEEDS OF sexual assault, the sexual assault occurred on (II) in subparagraph (D), by striking ‘‘; except VICTIMS OF DOMESTIC VIOLENCE, the premises during the 90 day period preceding that’’ and all that follows through ‘‘stalking.’’; DATING VIOLENCE, SEXUAL AS- the request for transfer; and and SAULT, AND STALKING. ‘‘(2) incorporates reasonable confidentiality (iii) by striking paragraph (20); and Subtitle N of the Violence Against Women Act measures to ensure that the public housing (E) by striking subsection (ee). of 1994 (42 U.S.C. 14043e et seq.) is amended—

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00049 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2712 CONGRESSIONAL RECORD — SENATE April 25, 2012 (1) in section 41404(i) (42 U.S.C. 14043e–3(i)), ‘‘(i) is a VAWA self-petitioner; (C) in the third sentence, by striking ‘‘Attor- by striking ‘‘$10,000,000 for each of fiscal years ‘‘(ii) is an applicant for, or is granted, non- ney General.’’ and inserting ‘‘Secretary.’’; and 2007 through 2011’’ and inserting ‘‘$4,000,000 for immigrant status under section 101(a)(15)(U); or (D) in the fourth sentence, by striking ‘‘Attor- each of fiscal years 2012 through 2016’’; and ‘‘(iii) is a qualified alien described in section ney General’’ and inserting ‘‘Secretary’’. (2) in section 41405(g) (42 U.S.C. 14043e–4(g)), 431(c) of the Personal Responsibility and Work SEC. 807. PROTECTIONS FOR A FIANCE´ E OR by striking ‘‘$10,000,000 for each of fiscal years Opportunity Reconciliation Act of 1996 (8 U.S.C. FIANCE´ OF A CITIZEN. 2007 through 2011’’ and inserting ‘‘$4,000,000 for 1641(c)).’’. (a) IN GENERAL.—Section 214 of the Immigra- each of fiscal years 2012 through 2016’’. SEC. 805. REQUIREMENTS APPLICABLE TO U tion and Nationality Act (8 U.S.C. 1184) is TITLE VII—ECONOMIC SECURITY FOR VISAS. amended— VICTIMS OF VIOLENCE (a) RECAPTURE OF UNUSED U VISAS.—Section (1) in subsection (d)— (A) in paragraph (1), by striking ‘‘crime.’’ and SEC. 701. NATIONAL RESOURCE CENTER ON 214(p)(2) of the Immigration and Nationality Act WORKPLACE RESPONSES TO ASSIST (8 U.S.C. 1184(p)(2)) is amended by— inserting ‘‘crime described in paragraph (3)(B) VICTIMS OF DOMESTIC AND SEXUAL (1) in subparagraph (A), by striking ‘‘The and information on any permanent protection VIOLENCE. number’’ and inserting ‘‘Except as provided in or restraining order issued against the petitioner Section 41501(e) of the Violence Against subparagraph (C), the number’’; and related to any specified crime described in para- Women Act of 1994 (42 U.S.C. 14043f(e)) is (2) by adding at the end the following: graph (3)(B)(i).’’; amended by striking ‘‘fiscal years 2007 through ‘‘(C) Beginning in fiscal year 2012, if the nu- (B) in paragraph (2)(A), in the matter pre- 2011’’ and inserting ‘‘fiscal years 2012 through merical limitation set forth in subparagraph (A) ceding clause (i)— 2016’’. is reached before the end of the fiscal year, up (i) by striking ‘‘a consular officer’’ and insert- ing ‘‘the Secretary of Homeland Security’’; and TITLE VIII—PROTECTION OF BATTERED to 5,000 additional visas, of the aggregate num- (ii) by striking ‘‘the officer’’ and inserting IMMIGRANTS ber of visas that were available and not issued to nonimmigrants described in section ‘‘the Secretary’’; and SEC. 801. U NONIMMIGRANT DEFINITION. 101(a)(15)(U) in fiscal years 2006 through 2011, (C) in paragraph (3)(B)(i), by striking ‘‘abuse, Section 101(a)(15)(U)(iii) of the Immigration may be issued until the end of the fiscal year.’’. and stalking.’’ and inserting ‘‘abuse, stalking, and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)) (3) SUNSET DATE.—The amendments made by or an attempt to commit any such crime.’’; and is amended by inserting ‘‘stalking;’’ after ‘‘sex- paragraphs (1) and (2) are repealed on the date (2) in subsection (r)— ual exploitation;’’. on which the aggregate number of visas that (A) in paragraph (1), by striking ‘‘crime.’’ and SEC. 802. ANNUAL REPORT ON IMMIGRATION AP- were available and not issued in fiscal years inserting ‘‘crime described in paragraph (5)(B) PLICATIONS MADE BY VICTIMS OF 2006 through 2011 have been issued pursuant to and information on any permanent protection ABUSE. section 214(p)(2)(C) of the Immigration and Na- or restraining order issued against the petitioner Not later than December 1, 2012, and annually tionality Act. related to any specified crime described in sub- thereafter, the Secretary of Homeland Security (b) AGE DETERMINATIONS.—Section 214(p) of section (5)(B)(i).’’; and shall submit to the Committee on the Judiciary the Immigration and Nationality Act (8 U.S.C. (B) by amending paragraph (4)(B)(ii) to read of the Senate and the Committee on the Judici- 1184(p)) is amended by adding at the end the as follows: ary of the House of Representatives a report following: ‘‘(ii) To notify the beneficiary as required by that includes the following: ‘‘(7) AGE DETERMINATIONS.— clause (i), the Secretary of Homeland Security (1) The number of aliens who— ‘‘(A) CHILDREN.—An unmarried alien who shall provide such notice to the Secretary of (A) submitted an application for non- seeks to accompany, or follow to join, a parent State for inclusion in the mailing to the bene- immigrant status under paragraph (15)(T)(i), granted status under section 101(a)(15)(U)(i), ficiary described in section 833(a)(5)(A)(i) of the (15)(U)(i), or (51) of section 101(a) of the Immi- and who was under 21 years of age on the date International Marriage Broker Regulation Act gration and Nationality Act (8 U.S.C. 1101(a)) on which such parent petitioned for such status, of 2005 (8 U.S.C. 1375a(a)(5)(A)(i)).’’; and during the preceding fiscal year; shall continue to be classified as a child for pur- (3) in paragraph (5)(B)(i), by striking ‘‘abuse, (B) were granted such nonimmigrant status and stalking.’’ and inserting ‘‘abuse, stalking, during such fiscal year; or poses of section 101(a)(15)(U)(ii), if the alien at- tains 21 years of age after such parent’s petition or an attempt to commit any such crime.’’. (C) were denied such nonimmigrant status ROVISION OF INFORMATION TO K NON- was filed but while it was pending. (b) P during such fiscal year. IMMIGRANTS.—Section 833 of the International ‘‘(B) PRINCIPAL ALIENS.—An alien described in (2) The mean amount of time and median Marriage Broker Regulation Act of 2005 (8 amount of time to adjudicate an application for clause (i) of section 101(a)(15)(U) shall continue to be treated as an alien described in clause U.S.C. 1375a) is amended— such nonimmigrant status during such fiscal (1) in subsection (a)(5)(A)— (ii)(I) of such section if the alien attains 21 year. (A) in clause (iii)— years of age after the alien’s application for sta- (3) The mean amount of time and median (i) by striking ‘‘State any’’ and inserting tus under such clause (i) is filed but while it is amount of time between the receipt of an appli- ‘‘State, for inclusion in the mailing described in pending.’’. cation for such nonimmigrant status and the clause (i), any’’; and issuance of work authorization to an eligible ap- SEC. 806. HARDSHIP WAIVERS. (ii) by striking the last sentence; and plicant during the preceding fiscal year. (a) IN GENERAL.—Section 216(c)(4) of the Im- (B) by adding at the end the following: (4) The number of aliens granted continued migration and Nationality Act (8 U.S.C. ‘‘(iv) The Secretary of Homeland Security presence in the United States under section 1186a(c)(4)) is amended— shall conduct a background check of the Na- 107(c)(3) of the Trafficking Victims Protection (1) in subparagraph (A), by striking the tional Crime Information Center’s Protection Act of 2000 (22 U.S.C. 7105(c)(3)) during the pre- comma at the end and inserting a semicolon; Order Database on each petitioner for a visa ceding fiscal year. (2) in subparagraph (B), by striking ‘‘(1), or’’ under subsection (d) or (r) of section 214 of the (5) A description of any actions being taken to and inserting ‘‘(1); or’’; Immigration and Nationality Act (8 U.S.C. reduce the adjudication and processing time, (3) in subparagraph (C), by striking the period 1184). Any appropriate information obtained while ensuring the safe and competent proc- at the end and inserting a semicolon and ‘‘or’’; from such background check— essing, of an application described in paragraph and ‘‘(I) shall accompany the criminal background (1) or a request for continued presence referred (4) by inserting after subparagraph (C) the information provided by the Secretary of Home- to in paragraph (4). following: land Security to the Secretary of State and SEC. 803. PROTECTION FOR CHILDREN OF VAWA ‘‘(D) the alien meets the requirements under shared by the Secretary of State with a bene- SELF-PETITIONERS. section 204(a)(1)(A)(iii)(II)(aa)(BB) and fol- ficiary of a petition referred to in clause (iii); Section 204(l)(2) of the Immigration and Na- lowing the marriage ceremony was battered by and tionality Act (8 U.S.C. 1154(l)(2)) is amended— or subject to extreme cruelty perpetrated by the ‘‘(II) shall not be used or disclosed for any (1) in subparagraph (E), by striking ‘‘or’’ at alien’s intended spouse and was not at fault in other purpose unless expressly authorized by the end; failing to meet the requirements of paragraph law. (2) by redesignating subparagraph (F) as sub- (1).’’. ‘‘(v) The Secretary of Homeland Security shall paragraph (G); and (b) TECHNICAL CORRECTIONS.—Section create a cover sheet or other mechanism to ac- (3) by inserting after subparagraph (E) the 216(c)(4) of the Immigration and Nationality Act company the information required to be pro- following: (8 U.S.C. 1186a(c)(4)), as amended by subsection vided to an applicant for a visa under sub- ‘‘(F) a child of an alien who filed a pending (a), is further amended— section (d) or (r) of section 214 of the Immigra- or approved petition for classification or appli- (1) in the matter preceding subparagraph (A), tion and Nationality Act (8 U.S.C. 1184) by cation for adjustment of status or other benefit by striking ‘‘The Attorney General, in the Attor- clauses (i) through (iv) of this paragraph or by specified in section 101(a)(51) as a VAWA self- ney General’s’’ and inserting ‘‘The Secretary of clauses (i) and (ii) of subsection (r)(4)(B) of such petitioner; or’’. Homeland Security, in the Secretary’s’’; and section 214, that calls to the applicant’s atten- SEC. 804. PUBLIC CHARGE. (2) in the undesignated paragraph at the tion— Section 212(a)(4) of the Immigration and Na- end— ‘‘(I) whether the petitioner disclosed a protec- tionality Act (8 U.S.C. 1182(a)(4)) is amended by (A) in the first sentence, by striking ‘‘Attorney tion order, a restraining order, or criminal his- adding at the end the following: General’’ and inserting ‘‘Secretary of Homeland tory information on the visa petition; ‘‘(E) SPECIAL RULE FOR QUALIFIED ALIEN VIC- Security’’; ‘‘(II) the criminal background information TIMS.—Subparagraphs (A), (B), and (C) shall (B) in the second sentence, by striking ‘‘Attor- and information about any protection order ob- not apply to an alien who— ney General’’ and inserting ‘‘Secretary’’; tained by the Secretary of Homeland Security

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00050 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2713 regarding the petitioner in the course of adjudi- (B) in subparagraph (B)(ii), by striking ‘‘or sions of this section, including the prosecution cating the petition; and stalking.’’ and inserting ‘‘stalking, or an at- of civil and criminal penalties provided for by ‘‘(III) whether the information the petitioner tempt to commit any such crime.’’; this section. disclosed on the visa petition regarding any pre- (3) in paragraph (3)— ‘‘(B) CONSULTATION.—The Attorney General vious petitions filed under subsection (d) or (r) (A) in subparagraph (A)— shall consult with the Director of the Office on of such section 214 is consistent with the infor- (i) in clause (i), by striking ‘‘Registry, or of Violence Against Women of the Department of mation in the multiple visa tracking database of the relevant State sex offender public registry Justice to develop policies and public education the Department of Homeland Security, as de- for any State not yet participating in the Na- designed to promote enforcement of this sec- scribed in subsection (r)(4)(A) of such section tional Sex Offender Public Registry, in which tion.’’. 214.’’; and the United States client has resided during the (d) GAO STUDY AND REPORT.—Section 833(f) (2) in subsection (b)(1)(A), by striking ‘‘or’’ previous 20 years,’’ and inserting ‘‘Website’’; of the International Marriage Broker Regula- after ‘‘orders’’ and inserting ‘‘and’’. and tion Act of 2005 (8 U.S.C. 1375a(f)) is amended— SEC. 808. REGULATION OF INTERNATIONAL MAR- (ii) in clause (iii)(II), by striking ‘‘background (1) in the subsection heading, by striking RIAGE BROKERS. information collected by the international mar- ‘‘STUDY AND REPORT.—’’ and inserting ‘‘STUD- (a) IMPLEMENTATION OF THE INTERNATIONAL riage broker under paragraph (2)(B);’’ and in- IES AND REPORTS.—’’; and MARRIAGE BROKER ACT OF 2005.— serting ‘‘signed certification and accompanying (2) by adding at the end the following: (1) FINDINGS.—Congress finds the following: documentation or attestation regarding the ‘‘(4) CONTINUING IMPACT STUDY AND REPORT.— (A) The International Marriage Broker Act of background information collected under para- ‘‘(A) STUDY.—The Comptroller General shall 2005 (subtitle D of Public Law 109–162; 119 Stat. graph (2)(B);’’; and conduct a study on the continuing impact of the 3066) has not been fully implemented with re- (B) by striking subparagraph (C); implementation of this section and of section of (4) in paragraph (5)— gard to investigating and prosecuting violations 214 of the Immigration and Nationality Act (8 (A) in subparagraph (A)(ii), by striking ‘‘A of the law, and for other purposes. U.S.C. 1184) on the process for granting K non- penalty may be imposed under clause (i) by the (B) Six years after Congress enacted the Inter- immigrant visas, including specifically a study Attorney General only’’ and inserting ‘‘At the national Marriage Broker Act of 2005 to regulate of the items described in subparagraphs (A) discretion of the Attorney General, a penalty the activities of the hundreds of for-profit inter- through (E) of paragraph (1). national marriage brokers operating in the may be imposed under clause (i) either by a Fed- ‘‘(B) REPORT.—Not later than 2 years after United States, the Attorney General has not de- eral judge, or by the Attorney General’’; (B) by amending subparagraph (B) to read as the date of the enactment of the Violence termined which component of the Department of Against Women Reauthorization Act of 2011, the Justice will investigate and prosecute violations follows: ‘‘(B) FEDERAL CRIMINAL PENALTIES.— Comptroller General shall submit to the Com- of such Act. mittee on the Judiciary of the Senate and the (2) REPORT.—Not later than 90 days after the ‘‘(i) FAILURE OF INTERNATIONAL MARRIAGE Committee on the Judiciary of the House of Rep- date of the enactment of this Act, the Attorney BROKERS TO COMPLY WITH OBLIGATIONS.—Except resentatives a report setting forth the results of General shall submit to Congress a report that as provided in clause (ii), an international mar- the study conducted under subparagraph (A). includes the following: riage broker that, in circumstances in or affect- ‘‘(C) DATA COLLECTION.—The Attorney Gen- (A) The name of the component of the Depart- ing interstate or foreign commerce, or within the eral, the Secretary of Homeland Security, and ment of Justice responsible for investigating and special maritime and territorial jurisdiction of the Secretary of State shall collect and maintain prosecuting violations of the International Mar- the United States— the data necessary for the Comptroller General riage Broker Act of 2005 (subtitle D of Public ‘‘(I) except as provided in subclause (II), vio- to conduct the study required by paragraph Law 109–162; 119 Stat. 3066) and the amend- lates (or attempts to violate) paragraph (1), (2), (1)(A).’’. ments made by this Act. (3), or (4) shall be fined in accordance with title (B) A description of the policies and proce- 18, United States Code, or imprisoned for not SEC. 809. ELIGIBILITY OF CRIME AND TRAF- dures of the Attorney General for consultation more than 1 year, or both; or FICKING VICTIMS IN THE COMMON- ‘‘(II) knowingly violates or attempts to violate WEALTH OF THE NORTHERN MAR- with the Secretary of Homeland Security and IANA ISLANDS TO ADJUST STATUS. the Secretary of State in investigating and pros- paragraphs (1), (2), (3), or (4) shall be fined in Section 705(c) of the Consolidated Natural Re- ecuting such violations. accordance with title 18, United States Code, or sources Act of 2008 (Public Law 110–229; 48 (b) TECHNICAL CORRECTION.—Section imprisoned for not more than 5 years, or both. U.S.C. 1806 note), is amended by striking ‘‘ex- 833(a)(2)(H) of the International Marriage ‘‘(ii) MISUSE OF INFORMATION.—A person who cept that,’’ and all that follows through the Broker Regulation Act of 2005 (8 U.S.C. knowingly discloses, uses, or causes to be used end, and inserting the following: ‘‘except that— 1375a(a)(2)(H)) is amended by striking ‘‘Federal any information obtained by an international ‘‘(1) for the purpose of determining whether and State sex offender public registries’’ and in- marriage broker as a result of a requirement an alien lawfully admitted for permanent resi- serting ‘‘the National Sex Offender Public under paragraph (2) or (3) for any purpose dence (as defined in section 101(a)(20) of the Im- Website’’. other than the disclosures required under para- migration and Nationality Act (8 U.S.C. (c) REGULATION OF INTERNATIONAL MARRIAGE graph (3) shall be fined in accordance with title 1101(a)(20)) has abandoned or lost such status BROKERS.—Section 833(d) of the International 18, United States Code, or imprisoned for not Marriage Broker Regulation Act of 2005 (8 more than 1 year, or both. by reason of absence from the United States, U.S.C. 1375a(d)) is amended— ‘‘(iii) FRAUDULENT FAILURES OF UNITED such alien’s presence in the Commonwealth, be- (1) by amending paragraph (1) to read as fol- STATES CLIENTS TO MAKE REQUIRED SELF-DISCLO- fore, on or after November 28, 2009, shall be con- lows: SURES.—A person who knowingly and with in- sidered to be presence in the United States; and ‘‘(1) PROHIBITION ON MARKETING OF OR TO tent to defraud another person outside the ‘‘(2) for the purpose of determining whether CHILDREN.— United States in order to recruit, solicit, entice, an alien whose application for status under sub- ‘‘(A) IN GENERAL.—An international marriage or induce that other person into entering a dat- paragraph (T) or (U) of section 101(a)(15) of the broker shall not provide any individual or entity ing or matrimonial relationship, makes false or Immigration and Nationality Act (8 U.S.C. with the personal contact information, photo- fraudulent representations regarding the disclo- 1101(a)(15)) was granted is subsequently eligible graph, or general information about the back- sures described in clause (i), (ii), (iii), or (iv) of for adjustment under subsection (l) or (m) of ground or interests of any individual under the subsection (d)(2)(B), including by failing to section 245 of such Act (8 U.S.C. 1255), such age of 18. make any such disclosures, shall be fined in ac- alien’s physical presence in the Commonwealth ‘‘(B) COMPLIANCE.—To comply with the re- cordance with title 18, United States Code, im- before, on, or after November 28, 2009, and sub- quirements of subparagraph (A), an inter- prisoned for not more than 1 year, or both. sequent to the grant of the application, shall be national marriage broker shall— ‘‘(iv) RELATIONSHIP TO OTHER PENALTIES.— considered as equivalent to presence in the ‘‘(i) obtain a valid copy of each foreign na- The penalties provided in clauses (i), (ii), and United States pursuant to a nonimmigrant ad- tional client’s birth certificate or other proof of (iii) are in addition to any other civil or criminal mission in such status.’’. age document issued by an appropriate govern- liability under Federal or State law to which a TITLE IX—SAFETY FOR INDIAN WOMEN ment entity; person may be subject for the misuse of informa- ‘‘(ii) indicate on such certificate or document tion, including misuse to threaten, intimidate, SEC. 901. GRANTS TO INDIAN TRIBAL GOVERN- MENTS. the date it was received by the international or harass any individual. Section 2015(a) of title I of the Omnibus Crime marriage broker; ‘‘(v) CONSTRUCTION.—Nothing in this para- ‘‘(iii) retain the original of such certificate or graph or paragraph (3) or (4) may be construed Control and Safe Streets Act of 1968 (42 U.S.C. document for 7 years after such date of receipt; to prevent the disclosure of information to law 3796gg–10(a)) is amended— and enforcement or pursuant to a court order.’’; and (1) in paragraph (2), by inserting ‘‘sex traf- ‘‘(iv) produce such certificate or document (C) in subparagraph (C), by striking the pe- ficking,’’ after ‘‘sexual assault,’’; upon request to an appropriate authority riod at the end and inserting ‘‘including equi- (2) in paragraph (4), by inserting ‘‘sex traf- charged with the enforcement of this para- table remedies.’’; ficking,’’ after ‘‘sexual assault,’’; graph.’’; (5) by redesignating paragraphs (6) and (7) as (3) in paragraph (5), by striking ‘‘and stalk- (2) in paragraph (2)— paragraphs (7) and (8), respectively; and ing’’ and all that follows and inserting ‘‘sexual (A) in subparagraph (A)(i)— (6) by inserting after paragraph (5) the fol- assault, sex trafficking, and stalking;’’; (i) in the heading, by striking ‘‘REGISTRIES.— lowing: (4) in paragraph (7)— ’’ and inserting ‘‘WEBSITE.—’’; and ‘‘(6) ENFORCEMENT.— (A) by inserting ‘‘sex trafficking,’’ after ‘‘sex- (ii) by striking ‘‘Registry or State sex offender ‘‘(A) AUTHORITY.—The Attorney General shall ual assault,’’ each place it appears; and public registry,’’ and inserting ‘‘Website,’’; and be responsible for the enforcement of the provi- (B) by striking ‘‘and’’ at the end;

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00051 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2714 CONGRESSIONAL RECORD — SENATE April 25, 2012 (5) in paragraph (8)— (1) in subsection (a)— civil or criminal order was issued in response to (A) by inserting ‘‘sex trafficking,’’ after (A) by striking ‘‘and the Violence Against a complaint, petition, or motion filed by or on ‘‘stalking,’’; and Women Act of 2000’’ and inserting ‘‘, the Vio- behalf of a person seeking protection. (B) by striking the period at the end and in- lence Against Women Act of 2000’’; and ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL JU- serting a semicolon; and (B) by inserting ‘‘, and the Violence Against RISDICTION.—The term ‘special domestic violence (6) by adding at the end the following: Women Reauthorization Act of 2011’’ before the criminal jurisdiction’ means the criminal juris- ‘‘(9) provide services to address the needs of period at the end; diction that a participating tribe may exercise youth and children who are victims of domestic (2) in subsection (b)— under this section but could not otherwise exer- violence, dating violence, sexual assault, sex (A) in the matter preceding paragraph (1), by cise. trafficking, or stalking and the needs of youth striking ‘‘Secretary of the Department of Health ‘‘(7) SPOUSE OR INTIMATE PARTNER.—The term and children exposed to domestic violence, dat- and Human Services’’ and inserting ‘‘Secretary ‘spouse or intimate partner’ has the meaning ing violence, sexual assault, or stalking, includ- of Health and Human Services, the Secretary of given the term in section 2266 of title 18, United ing support for the nonabusing parent or the the Interior,’’; and States Code. caretaker of the youth or child; and ‘‘(b) NATURE OF THE CRIMINAL JURISDIC- ‘‘(10) develop and promote legislation and (B) in paragraph (2), by striking ‘‘and stalk- TION.— policies that enhance best practices for respond- ing’’ and inserting ‘‘stalking, and sex traf- ‘‘(1) IN GENERAL.—Notwithstanding any other ing to violent crimes against Indian women, in- ficking’’; and provision of law, in addition to all powers of cluding the crimes of domestic violence, dating (3) by adding at the end the following: self-government recognized and affirmed by sec- violence, sexual assault, sex trafficking, and ‘‘(c) ANNUAL REPORT.—The Attorney General tions 201 and 203, the powers of self-government stalking.’’. shall submit to Congress an annual report on the annual consultations required under sub- of a participating tribe include the inherent SEC. 902. GRANTS TO INDIAN TRIBAL COALI- power of that tribe, which is hereby recognized TIONS. section (a) that— Section 2001 of title I of the Omnibus Crime ‘‘(1) contains the recommendations made and affirmed, to exercise special domestic vio- Control and Safe Streets Act of 1968 (42 U.S.C. under subsection (b) by Indian tribes during the lence criminal jurisdiction over all persons. 3796gg) is amended by striking subsection (d) year covered by the report; ‘‘(2) CONCURRENT JURISDICTION.—The exercise and inserting the following: ‘‘(2) describes actions taken during the year of special domestic violence criminal jurisdiction ‘‘(d) TRIBAL COALITION GRANTS.— covered by the report to respond to recommenda- by a participating tribe shall be concurrent with ‘‘(1) PURPOSE.—The Attorney General shall tions made under subsection (b) during the year the jurisdiction of the United States, of a State, award a grant to tribal coalitions for purposes or a previous year; and or of both. of— ‘‘(3) describes how the Attorney General will ‘‘(3) APPLICABILITY.—Nothing in this sec- ‘‘(A) increasing awareness of domestic vio- work in coordination and collaboration with In- tion— lence and sexual assault against Indian women; dian tribes, the Secretary of Health and Human ‘‘(A) creates or eliminates any Federal or ‘‘(B) enhancing the response to violence Services, and the Secretary of the Interior to ad- State criminal jurisdiction over Indian country; against Indian women at the Federal, State, dress the recommendations made under sub- ‘‘(B) affects the authority of the United States and tribal levels; section (b). or any State government that has been dele- ‘‘(C) identifying and providing technical as- ‘‘(d) NOTICE.—Not later than 120 days before gated authority by the United States to inves- sistance to coalition membership and tribal com- the date of a consultation under subsection (a), tigate and prosecute a criminal violation in In- munities to enhance access to essential services the Attorney General shall notify tribal leaders dian country; to Indian women victimized by domestic and of the date, time, and location of the consulta- ‘‘(C) shall apply to an Indian tribe in the sexual violence, including sex trafficking; and tion.’’. State of Alaska, except with respect to the ‘‘(D) assisting Indian tribes in developing and Metlakatla Indian Community, Annette Islands promoting State, local, and tribal legislation SEC. 904. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE. Reserve; or and policies that enhance best practices for re- ‘‘(D) shall limit, alter, expand, or diminish the Title II of Public Law 90–284 (25 U.S.C. 1301 et sponding to violent crimes against Indian civil or criminal jurisdiction of the State of Alas- seq.) (commonly known as the ‘‘Indian Civil women, including the crimes of domestic vio- ka or any subdivision of the State of Alaska. Rights Act of 1968’’) is amended by adding at lence, dating violence, sexual assault, sex traf- ‘‘(c) CRIMINAL CONDUCT.—A participating the end the following: ficking, and stalking. tribe may exercise special domestic violence ‘‘(2) GRANTS.—The Attorney General shall ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES criminal jurisdiction over a defendant for crimi- award grants on an annual basis under para- OF DOMESTIC VIOLENCE. nal conduct that falls into one or more of the graph (1) to— ‘‘(a) DEFINITIONS.—In this section: following categories: ‘‘(A) each tribal coalition that— ‘‘(1) DATING VIOLENCE.—The term ‘dating vio- ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO- ‘‘(i) meets the criteria of a tribal coalition lence’ means violence committed by a person LENCE.—An act of domestic violence or dating under section 40002(a) of the Violence Against who is or has been in a social relationship of a violence that occurs in the Indian country of Women Act of 1994 (42 U.S.C. 13925(a)); romantic or intimate nature with the victim, as the participating tribe. ‘‘(ii) is recognized by the Office on Violence determined by the length of the relationship, the Against Women; and ‘‘(2) VIOLATIONS OF PROTECTION ORDERS.—An type of relationship, and the frequency of inter- act that— ‘‘(iii) provides services to Indian tribes; and action between the persons involved in the rela- ‘‘(B) organizations that propose to incor- ‘‘(A) occurs in the Indian country of the par- tionship. porate and operate a tribal coalition in areas ticipating tribe; and ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domestic where Indian tribes are located but no tribal co- ‘‘(B) violates the portion of a protection order violence’ means violence committed by a current alition exists. that— ‘‘(3) USE OF AMOUNTS.—For each of fiscal or former spouse or intimate partner of the vic- ‘‘(i) prohibits or provides protection against years 2012 through 2016, of the amounts appro- tim, by a person with whom the victim shares a violent or threatening acts or harassment priated to carry out this subsection— child in common, by a person who is cohabi- against, sexual violence against, contact or com- ‘‘(A) not more than 10 percent shall be made tating with or has cohabitated with the victim munication with, or physical proximity to, an- available to organizations described in para- as a spouse or intimate partner, or by a person other person; graph (2)(B), provided that 1 or more organiza- similarly situated to a spouse of the victim ‘‘(ii) was issued against the defendant; tions determined by the Attorney General to be under the domestic- or family- violence laws of ‘‘(iii) is enforceable by the participating tribe; qualified apply; an Indian tribe that has jurisdiction over the and ‘‘(B) not less than 90 percent shall be made Indian country where the violence occurs. ‘‘(iv) is consistent with section 2265(b) of title available to tribal coalitions described in para- ‘‘(3) INDIAN COUNTRY.—The term ‘Indian 18, United States Code. graph (2)(A), which amounts shall be distrib- country’ has the meaning given the term in sec- ‘‘(d) DISMISSAL OF CERTAIN CASES.— uted equally among each eligible tribal coalition tion 1151 of title 18, United States Code. ‘‘(1) DEFINITION OF VICTIM.—In this sub- for the applicable fiscal year ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici- section and with respect to a criminal pro- ‘‘(4) ELIGIBILITY FOR OTHER GRANTS.—Receipt pating tribe’ means an Indian tribe that elects ceeding in which a participating tribe exercises of an award under this subsection by a tribal to exercise special domestic violence criminal ju- special domestic violence criminal jurisdiction coalition shall not preclude the tribal coalition risdiction over the Indian country of that In- based on a criminal violation of a protection from receiving additional grants under this title dian tribe. order, the term ‘victim’ means a person specifi- to carry out the purposes described in para- ‘‘(5) PROTECTION ORDER.—The term ‘protec- cally protected by a protection order that the graph (1). tion order’— defendant allegedly violated. ‘‘(5) MULTIPLE PURPOSE APPLICATIONS.—Noth- ‘‘(A) means any injunction, restraining order, ‘‘(2) NON-INDIAN VICTIMS AND DEFENDANTS.— ing in this subsection prohibits any tribal coali- or other order issued by a civil or criminal court In a criminal proceeding in which a partici- tion or organization described in paragraph (2) for the purpose of preventing violent or threat- pating tribe exercises special domestic violence from applying for funding to address sexual as- ening acts or harassment against, sexual vio- criminal jurisdiction, the case shall be dismissed sault or domestic violence needs in the same ap- lence against, contact or communication with, if— plication.’’. or physical proximity to, another person; and ‘‘(A) the defendant files a pretrial motion to SEC. 903. CONSULTATION. ‘‘(B) includes any temporary or final order dismiss on the grounds that the alleged offense Section 903 of the Violence Against Women issued by a civil or criminal court, whether ob- did not involve an Indian; and and Department of Justice Reauthorization Act tained by filing an independent action or as a ‘‘(B) the participating tribe fails to prove that of 2005 (42 U.S.C. 14045d) is amended— pendent lite order in another proceeding, if the the defendant or an alleged victim is an Indian.

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‘‘(3) TIES TO INDIAN TRIBE.—In a criminal pro- ders rights that are similar to the rights of a ‘‘(4) the term ‘strangling’ means intentionally, ceeding in which a participating tribe exercises crime victim described in section 3771(a) of title knowingly, or recklessly impeding the normal special domestic violence criminal jurisdiction, 18, United States Code, consistent with tribal breathing or circulation of the blood of a person the case shall be dismissed if— law and custom. by applying pressure to the throat or neck, re- ‘‘(A) the defendant files a pretrial motion to ‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Amounts gardless of whether that conduct results in any dismiss on the grounds that the defendant and made available under this section shall supple- visible injury or whether there is any intent to the alleged victim lack sufficient ties to the In- ment and not supplant any other Federal, State, kill or protractedly injure the victim; and dian tribe; and tribal, or local government amounts made avail- ‘‘(5) the term ‘suffocating’ means inten- ‘‘(B) the prosecuting tribe fails to prove that able to carry out activities described in this sec- tionally, knowingly, or recklessly impeding the the defendant or an alleged victim— tion. normal breathing of a person by covering the ‘‘(i) resides in the Indian country of the par- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— mouth of the person, the nose of the person, or ticipating tribe; There are authorized to be appropriated both, regardless of whether that conduct results ‘‘(ii) is employed in the Indian country of the $5,000,000 for each of fiscal years 2012 through in any visible injury or whether there is any in- participating tribe; or 2016 to carry out subsection (g) and to provide tent to kill or protractedly injure the victim.’’. ‘‘(iii) is a spouse or intimate partner of a mem- training, technical assistance, data collection, (b) INDIAN MAJOR CRIMES.—Section 1153(a) of ber of the participating tribe. and evaluation of the criminal justice systems of title 18, United States Code, is amended by strik- ‘‘(4) WAIVER.—A knowing and voluntary fail- participating tribes..’’. ing ‘‘assault with intent to commit murder, as- ure of a defendant to file a pretrial motion de- SEC. 905. TRIBAL PROTECTION ORDERS. sault with a dangerous weapon, assault result- scribed in paragraph (2) or (3) shall be consid- Section 2265 of title 18, United States Code, is ing in serious bodily injury (as defined in sec- ered a waiver of the right to seek a dismissal amended by striking subsection (e) and inserting tion 1365 of this title)’’ and inserting ‘‘a felony under this subsection. the following: assault under section 113’’. ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal ‘‘(e) TRIBAL COURT JURISDICTION.— (c) REPEAT OFFENDERS.—Section proceeding in which a participating tribe exer- ‘‘(1) IN GENERAL.—Except as provided in para- 2265A(b)(1)(B) of title 18, United States Code, is cises special domestic violence criminal jurisdic- graph (2), for purposes of this section, a court of amended by inserting ‘‘or tribal’’ after ‘‘State’’. tion, the participating tribe shall provide to the an Indian tribe shall have full civil jurisdiction SEC. 907. ANALYSIS AND RESEARCH ON VIO- defendant— to issue and enforce protection orders involving LENCE AGAINST INDIAN WOMEN. ‘‘(1) all applicable rights under this Act; any person, including the authority to enforce (a) IN GENERAL.—Section 904(a) of the Vio- ‘‘(2) if a term of imprisonment of any length is any orders through civil contempt proceedings, lence Against Women and Department of Justice imposed, all rights described in section 202(c); to exclude violators from Indian land, and to Reauthorization Act of 2005 (42 U.S.C. 3796gg–10 and use other appropriate mechanisms, in matters note) is amended— ‘‘(3) all other rights whose protection is nec- arising anywhere in the Indian country of the (1) in paragraph (1)— essary under the Constitution of the United Indian tribe (as defined in section 1151) or oth- (A) by striking ‘‘The National’’ and inserting States in order for Congress to recognize and af- erwise within the authority of the Indian tribe. ‘‘Not later than 2 years after the date of enact- firm the inherent power of the participating ment of the Violence Against Women Reauthor- ‘‘(2) APPLICABILITY.—Paragraph (1)— tribe to exercise special domestic violence crimi- ‘‘(A) shall not apply to an Indian tribe in the ization Act of 2011, the National’’; and nal jurisdiction over the defendant. State of Alaska, except with respect to the (B) by inserting ‘‘and in Native villages (as ‘‘(f) PETITIONS TO STAY DETENTION.— Metlakatla Indian Community, Annette Islands defined in section 3 of the Alaska Native Claims ‘‘(1) IN GENERAL.—A person has filed a peti- Reserve; and Settlement Act (43 U.S.C. 1602))’’ before the pe- tion for a writ of habeas corpus in a court of the ‘‘(B) shall not limit, alter, expand, or diminish riod at the end; United States under section 203 may petition (2) in paragraph (2)(A)— the civil or criminal jurisdiction of the State of that court to stay further detention of that per- (A) in clause (iv), by striking ‘‘and’’ at the Alaska or any subdivision of the State of Alas- son by the participating tribe. end; ka.’’. ‘‘(2) GRANT OF STAY.—A court shall grant a (B) in clause (v), by striking the period at the stay described in paragraph (1) if the court— SEC. 906. AMENDMENTS TO THE FEDERAL AS- end and inserting ‘‘; and’’; and ‘‘(A) finds that there is a substantial likeli- SAULT STATUTE. (C) by adding at the end the following: hood that the habeas corpus petition will be (a) IN GENERAL.—Section 113 of title 18, ‘‘(vi) sex trafficking.’’; granted; and United States Code, is amended— (3) in paragraph (4), by striking ‘‘this Act’’ ‘‘(B) after giving each alleged victim in the (1) in subsection (a)— and inserting ‘‘the Violence Against Women Re- matter an opportunity to be heard, finds by (A) by striking paragraph (1) and inserting authorization Act of 2011’’; and clear and convincing evidence that under condi- the following: (4) in paragraph (5), by striking ‘‘this section tions imposed by the court, the petitioner is not ‘‘(1) Assault with intent to commit murder or $1,000,000 for each of fiscal years 2007 and 2008’’ likely to flee or pose a danger to any person or a violation of section 2241 or 2242, by a fine and inserting ‘‘this subsection $1,000,000 for the community if released. under this title, imprisonment for not more than each of fiscal years 2012 and 2013’’. ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The 20 years, or both.’’; (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- Attorney General may award grants to the gov- (B) in paragraph (2), by striking ‘‘felony tion 905(b)(2) of the Violence Against Women ernments of Indian tribes (or to authorized des- under chapter 109A’’ and inserting ‘‘violation of and Department of Justice Reauthorization Act ignees of those governments)— section 2241 or 2242’’; of 2005 (28 U.S.C. 534 note) is amended by strik- ‘‘(1) to strengthen tribal criminal justice sys- (C) in paragraph (3) by striking ‘‘and without ing ‘‘fiscal years 2007 through 2011’’ and insert- tems to assist Indian tribes in exercising special just cause or excuse,’’; ing ‘‘fiscal years 2012 through 2016’’. domestic violence criminal jurisdiction, includ- (D) in paragraph (4), by striking ‘‘six months’’ SEC. 908. EFFECTIVE DATES; PILOT PROJECT. ing— and inserting ‘‘1 year’’; (a) GENERAL EFFECTIVE DATE.—Except as pro- ‘‘(A) law enforcement (including the capacity (E) in paragraph (7)— vided in section 4 and subsection (b) of this sec- of law enforcement or court personnel to enter (i) by striking ‘‘substantial bodily injury to an tion, the amendments made by this title shall information into and obtain information from individual who has not attained the age of 16 take effect on the date of enactment of this Act. national crime information databases); years’’ and inserting ‘‘substantial bodily injury (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC- ‘‘(B) prosecution; to a spouse or intimate partner, a dating part- VIOLENCE CRIMINAL JURISDICTION.— ‘‘(C) trial and appellate courts; ner, or an individual who has not attained the (1) IN GENERAL.—Except as provided in para- ‘‘(D) probation systems; age of 16 years’’; and graph (2), subsections (b) through (e) of section ‘‘(E) detention and correctional facilities; (ii) by striking ‘‘fine’’ and inserting ‘‘a fine’’; 204 of Public Law 90–284 (as added by section ‘‘(F) alternative rehabilitation centers; and 904) shall take effect on the date that is 2 years ‘‘(G) culturally appropriate services and as- (F) by adding at the end the following: after the date of enactment of this Act. sistance for victims and their families; and ‘‘(8) Assault of a spouse, intimate partner, or (2) PILOT PROJECT.— ‘‘(H) criminal codes and rules of criminal pro- dating partner by strangling, suffocating, or at- (A) IN GENERAL.—At any time during the 2- cedure, appellate procedure, and evidence; tempting to strangle or suffocate, by a fine year period beginning on the date of enactment ‘‘(2) to provide indigent criminal defendants under this title, imprisonment for not more than of this Act, an Indian tribe may ask the Attor- with the effective assistance of licensed defense 10 years, or both.’’; and ney General to designate the tribe as a partici- counsel, at no cost to the defendant, in criminal (2) in subsection (b)— pating tribe under section 204(a) of Public Law proceedings in which a participating tribe pros- (A) by striking ‘‘(b) As used in this sub- 90–284 on an accelerated basis. ecutes a crime of domestic violence or dating vi- section—’’ and inserting the following: (B) PROCEDURE.—The Attorney General may olence or a criminal violation of a protection ‘‘(b) DEFINITIONS.—In this section—’’; grant a request under subparagraph (A) after order; (B) in paragraph (1)(B), by striking ‘‘and’’ at coordinating with the Secretary of the Interior, ‘‘(3) to ensure that, in criminal proceedings in the end; consulting with affected Indian tribes, and con- which a participating tribe exercises special do- (C) in paragraph (2), by striking the period at cluding that the criminal justice system of the mestic violence criminal jurisdiction, jurors are the end and inserting a semicolon; and requesting tribe has adequate safeguards in summoned, selected, and instructed in a manner (D) by adding at the end the following: place to protect defendants’ rights, consistent consistent with all applicable requirements; and ‘‘(3) the terms ‘dating partner’ and ‘spouse or with section 204 of Public Law 90–284. ‘‘(4) to accord victims of domestic violence, intimate partner’ have the meanings given those (C) EFFECTIVE DATES FOR PILOT PROJECTS.— dating violence, and violations of protection or- terms in section 2266; An Indian tribe designated as a participating

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tribe under this paragraph may commence exer- title, imprisoned for not more than 2 years, or ‘‘(1) IN GENERAL.—Not later than 180 days cising special domestic violence criminal juris- both.’’. after the date of enactment of the Violence diction pursuant to subsections (b) through (e) (b) PENALTIES FOR SEXUAL ABUSE.— Against Women Reauthorization Act of 2011, the of section 204 of Public Law 90–284 on a date es- (1) IN GENERAL.—Chapter 13 of title 18, United Secretary of Health and Human Services shall tablished by the Attorney General, after con- States Code, is amended by adding at the end publish a final rule adopting national standards sultation with that Indian tribe, but in no event the following: for the detection, prevention, reduction, and later than the date that is 2 years after the date ‘‘§ 250. Penalties for sexual abuse punishment of rape and sexual assault in facili- of enactment of this Act. ‘‘(a) OFFENSE.—It shall be unlawful for any ties that maintain custody of unaccompanied SEC. 909. INDIAN LAW AND ORDER COMMISSION. person, in the course of committing an offense alien children (as defined in section 462(g) of the (a) IN GENERAL.—Section 15(f) of the Indian under this chapter or under section 901 of the Homeland Security Act of 2002 (6 U.S.C. Law Enforcement Reform Act (25 U.S.C. 2812(f)) Fair Housing Act (42 U.S.C. 3631) to engage in 279(g))). is amended by striking ‘‘2 years’’ and inserting conduct that would constitute an offense under ‘‘(2) APPLICABILITY.—The standards adopted ‘‘3 years’’. chapter 109A if committed in the special mari- under paragraph (1) shall apply to facilities op- (b) REPORT.—The Attorney General, in con- time and territorial jurisdiction of the United erated by the Department of Health and Human sultation with the Attorney General of the State States. Services and to facilities operated under con- of Alaska, the Commissioner of Public Safety of ‘‘(b) PENALTIES.—A person that violates sub- tract with the Department. the State of Alaska, the Alaska Federation of section (a) shall be subject to the penalties ‘‘(3) COMPLIANCE.—The Secretary of Health Natives and Federally recognized Indian tribes under the provision of chapter 109A that would and Human Services shall— in the State of Alaska, shall report to Congress have been violated if the conduct was committed ‘‘(A) assess compliance with the standards not later than one year after enactment of this in the special maritime and territorial jurisdic- adopted under paragraph (1) on a regular basis; Act with respect to whether the Alaska Rural tion of the United States, unless a greater pen- and Justice and Law Enforcement Commission estab- alty is otherwise authorized by law.’’. ‘‘(B) include the results of the assessments in lished under Section 112(a)(1) of the Consoli- (2) TECHNICAL AND CONFORMING AMEND- performance evaluations of facilities completed dated Appropriations Act, 2004 should be con- MENT.—The table of sections for chapter 13 of by the Department of Health and Human Serv- tinued and appropriations authorized for the title 18, United States Code, is amended by add- ices. continued work of the commission. The report ing at the end the following: ‘‘(4) CONSIDERATIONS.—In adopting standards may contain recommendations for legislation ‘‘250. Penalties for sexual abuse.’’. under paragraph (1), the Secretary of Health with respect to the scope of work and composi- SEC. 1002. SEXUAL ABUSE IN CUSTODIAL SET- and Human Services shall give due consider- tion of the commission. TINGS. ation to the recommended national standards (a) SUITS BY PRISONERS.—Section 7(e) of the provided by the Commission under section TITLE X—OTHER MATTERS Civil Rights of Institutionalized Persons Act (42 7(e).’’. SEC. 1001. CRIMINAL PROVISIONS RELATING TO U.S.C. 1997e(e)) is amended by inserting before SEC. 1003. ANONYMOUS ONLINE HARASSMENT. SEXUAL ABUSE. the period at the end the following: ‘‘or the com- Section 223(a)(1) of the Telecommunications (a) SEXUAL ABUSE OF A MINOR OR WARD.— mission of a sexual act (as defined in section Section 2243(b) of title 18, United States Code, is Act of 1934 (47 U.S.C. 223(a)(1)) is amended— 2246 of title 18, United States Code)’’. (1) in subparagraph (A), in the undesignated amended to read as follows: (b) UNITED STATES AS DEFENDANT.—Section matter following clause (ii), by striking ‘‘(b) OFAWARD.— 1346(b)(2) of title 28, United States Code, is ‘‘(1) OFFENSES.— ‘‘annoy,’’; amended by inserting before the period at the (2) in subparagraph (C)— ‘‘(A) IN GENERAL.—It shall be unlawful for end the following: ‘‘or the commission of a sex- any person to knowingly engage, or knowingly (A) by striking ‘‘annoy,’’; and ual act (as defined in section 2246 of title 18)’’. (B) by striking ‘‘harass any person at the attempt to engage, in a sexual act with another (c) ADOPTION AND EFFECT OF NATIONAL person who is— called number or who receives the communica- STANDARDS.—Section 8 of the Prison Rape tion’’ and inserting ‘‘harass any specific per- ‘‘(i) in official detention or under official su- Elimination Act of 2003 (42 U.S.C. 15607) is pervision or other official control of, the United son’’; and amended— (3) in subparagraph (E), by striking ‘‘harass States— (1) by redesignating subsection (c) as sub- any person at the called number or who receives ‘‘(I) during or after arrest; section (e); and ‘‘(II) after release pretrial; (2) by inserting after subsection (b) the fol- the communication’’ and inserting ‘‘harass any ‘‘(III) while on bail, probation, supervised re- lowing: specific person’’. lease, or parole; ‘‘(c) APPLICABILITY TO DETENTION FACILITIES SEC. 1004. STALKER DATABASE. ‘‘(IV) after release following a finding of juve- OPERATED BY THE DEPARTMENT OF HOMELAND Section 40603 of the Violence Against Women nile delinquency; or SECURITY.— Act of 1994 (42 U.S.C. 14032) is amended by strik- ‘‘(V) after release pending any further judi- ‘‘(1) IN GENERAL.—Not later than 180 days ing ‘‘$3,000,000’’ and all that follows and insert- cial proceedings; after the date of enactment of the Violence ing ‘‘$3,000,000 for fiscal years 2012 through ‘‘(ii) under the professional custodial, super- Against Women Reauthorization Act of 2011, the 2016.’’. visory, or disciplinary control or authority of Secretary of Homeland Security shall publish a SEC. 1005. FEDERAL VICTIM ASSISTANTS REAU- the person engaging or attempting to engage in final rule adopting national standards for the THORIZATION. the sexual act; and detection, prevention, reduction, and punish- Section 40114 of the Violence Against Women ‘‘(iii) at the time of the sexual act— ment of rape and sexual assault in facilities that Act of 1994 (Public Law 103–322; 108 Stat. 1910) ‘‘(I) in the special maritime and territorial ju- maintain custody of aliens detained for a viola- is amended by striking ‘‘fiscal years 2007 risdiction of the United States; tion of the immigrations laws of the United through 2011’’ and inserting ‘‘fiscal years 2012 ‘‘(II) in a Federal prison, or in any prison, in- States. through 2016’’. stitution, or facility in which persons are held ‘‘(2) APPLICABILITY.—The standards adopted in custody by direction of, or pursuant to a con- SEC. 1006. CHILD ABUSE TRAINING PROGRAMS under paragraph (1) shall apply to detention fa- FOR JUDICIAL PERSONNEL AND tract or agreement with, the United States; or cilities operated by the Department of Homeland PRACTITIONERS REAUTHORIZATION. ‘‘(III) under supervision or other control by Security and to detention facilities operated Subtitle C of the Victims of Child Abuse Act of the United States, or by direction of, or pursu- under contract with the Department. 1990 (42 U.S.C. 13024) is amended in subsection ant to a contract or agreement with, the United ‘‘(3) COMPLIANCE.—The Secretary of Home- (a) by striking ‘‘$2,300,000’’ and all that follows States. land Security shall— and inserting ‘‘$2,300,000 for each of fiscal years EXUAL CONTACT.—It shall be unlawful ‘‘(B) S ‘‘(A) assess compliance with the standards 2012 through 2016.’’. for any person to knowingly engage in sexual adopted under paragraph (1) on a regular basis; SEC. 1007. MANDATORY MINIMUM SENTENCE. contact with, or cause sexual contact by, an- and Section 2241(a) of title 18, United States Code, other person, if to do so would violate subpara- ‘‘(B) include the results of the assessments in is amended in the undesignated matter fol- graph (A) had the sexual contact been a sexual performance evaluations of facilities completed lowing paragraph (2), by striking ‘‘any term of act. by the Department of Homeland Security. ‘‘(2) PENALTIES.— ‘‘(4) CONSIDERATIONS.—In adopting standards years or life’’ and inserting ‘‘not less than 5 ‘‘(A) IN GENERAL.—A person that violates under paragraph (1), the Secretary of Homeland years or imprisoned for life’’. paragraph (1)(A) shall— Security shall give due consideration to the rec- SEC. 1008. REMOVAL OF DRUNK DRIVERS. ‘‘(i) be fined under this title, imprisoned for ommended national standards provided by the (a) IN GENERAL.—Section 101(a)(43)(F) of the not more than 15 years, or both; and Commission under section 7(e). Immigration and Nationality Act (8 U.S.C. ‘‘(ii) if, in the course of committing the viola- ‘‘(5) DEFINITION.—As used in this section, the 1101(a)(43)(F)) is amended by striking ‘‘for tion of paragraph (1), the person engages in term ‘detention facilities operated under con- which the term of imprisonment’’ and inserting conduct that would constitute an offense under tract with the Department’ includes, but is not ‘‘, including a third drunk driving conviction, section 2241 or 2242 if committed in the special limited to contract detention facilities and de- regardless of the States in which the convictions maritime and territorial jurisdiction of the tention facilities operated through an intergov- occurred or whether the offenses are classified United States, be subject to the penalties pro- ernmental service agreement with the Depart- as misdemeanors or felonies under State or Fed- vided for under section 2241 or 2242, respec- ment of Homeland Security. eral law, for which the term of imprisonment tively. ‘‘(d) APPLICABILITY TO CUSTODIAL FACILITIES is’’. ‘‘(B) SEXUAL CONTACT.—A person that vio- OPERATED BY THE DEPARTMENT OF HEALTH AND (b) EFFECTIVE DATE.—The amendment made lates paragraph (1)(B) shall be fined under this HUMAN SERVICES.— by subsection (a) shall—

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00054 Fmt 4624 Sfmt 6333 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2717 (1) take effect on the date of the enactment of of the aisle. But as chairman of the Ju- just those of us from small States; this Act; and diciary Committee, I cannot abandon every single State has rural areas. The The PRESIDING OFFICER. The Sen- core principles of fairness, and I will distinguished Presiding Officer does, ator from Vermont. not. I continue to urge all Senators to the distinguished majority leader does, Mr. LEAHY. Mr. President, I am join to protect the most vulnerable vic- the distinguished Republican leader pleased that we are able to move di- tims of violence, including battered does. We all have rural areas. rectly to the legislation without a clo- immigrant women, assisting law en- I think of Karen Tronsgard-Scott of ture vote. forcement, Native American women the Vermont Network to End Domestic The Violence Against Women Reau- who suffer in record numbers, and and Sexual Violence and Jane Van thorization Act is a bipartisan bill. It those who have had trouble accessing Buren with Women Helping Battered has 61 cosponsors. I was encouraged services. Women. They have helped us put this yesterday morning to hear the major- I have said so many times on this together. I appreciate the guidance ity leader and the Republican leader floor that a victim is a victim is a vic- from all across the Nation from such discussing moving forward quickly to tim. They all need to be helped. They organizations as the National Network pass this legislation. deserve our attention. They deserve to End Domestic Violence, the Na- I agree with the majority leader. I the protection and access to the serv- tional Alliance to End Sexual Violence, don’t want to see the bill weakened. I ices our bill provides. the National Task Force to End Sexual agree with the Republican leader that We now have 61 cosponsors, including and Domestic Violence Against there is strong bipartisan support for 8 Republicans; 16 of the 17 women in Women. The coalition has been main- the Leahy-Crapo bill. I look forward to the Senate, from both parties, have tained and has been valuable in these working out an agreement. I have spo- joined as cosponsors. They have been efforts. It is working with them that ken to both of them and told them I strong supporters from the start, and we were able to adjust the allocation of will support an agreement that will the bill is better because of their ef- funds to increase needed funding for allow us to consider, and expeditiously forts. sexual assault efforts, and do it with- approve, the bill in short order. Of There is one purpose, and one pur- out harming the other coordinated ef- course, I will be happy to help in any pose alone, for the bill that Senator forts. way I can to facilitate that. CRAPO and I have introduced: to help We reached our understanding in The bipartisan Violence Against protect victims of domestic and sexual working with them, not by picking a Women Act has been the centerpiece of violence. That purpose is reinforced as number out of a hat or trying to outbid the Federal Government’s commitment we turn to this bill during Crime Vic- some proposal. It wasn’t there. Every- to combat domestic violence, dating vi- tims’ Rights Week and Sexual Assault body worked together. We only have so olence, sexual assault, and stalking. Awareness Month. many dollars. We tried to do it and use The impact of the landmark law has Our bill is based on months of work the money where it works the best. been remarkable. It is one law I can with survivors, advocates, and law en- The provision ensuring that services point to and say that it has provided forcement officers from all across the will be available to all victims regard- life-saving assistance to hundreds of country—and I must say from all polit- less of sexual orientation and gender thousands of women, children, and ical persuasions, from the right to the identity is supported by the Leadership men. left. the bipartisan bill was developed Conference of Civil Rights and numer- At a time when we can sometimes be in an open and democratic process, and ous civil rights and crime victim advo- polarized around here, I appreciate the it is responsive to the unmet needs of cates. I was pleased to see a letter from bipartisan support of this bill. victims. Cindy Dyer, President Bush’s Director Senator CRAPO and I introduced the The New York Times had a column of the Office of Violence Against reauthorization of the Violence by Dorothy Samuels last Sunday that Women, in which she writes: Against Women Act last year. We come got it right. She wrote: As criminal justice professionals, our job is to protect the community, but we are not from different parts of the country. We [T]he provisions respond to real humani- able to do that unless all the tools necessary tarian and law enforcement needs. come from different parties. We, I . . . are available to all victims of crime. think it is safe to say, come from dif- When Senator CRAPO and I worked to Of course, she is right. A victim is a ferent political philosophies. But we put this legislation together, we pur- victim is a victim. agreed that we all have to work to stop posely avoided proposals that were ex- Mr. President, when I was the State’s violence against women. In fact, we treme or divisive on either the right or attorney, I went to crime scenes at 3 didn’t move forward to do so at all the left. We selected only those pro- o’clock in the morning and there was a until it had a lot of discussion both posals that law enforcement and sur- battered and bloody victim—we hoped with the staff of the ranking member vivors and the professionals who work alive, but sometimes not. The police and other Republicans on the Judiciary with crime victims every day told us never said: Is this victim a Democrat Committee. We did our best to try to were essential. We did not go for some- or a Republican? Is this victim gay or accommodate all points of view. body who didn’t have firsthand experi- straight? Is this victim an immigrant? We continued our outreach after the ence. We asked the people who actually Is this victim native born? introduction of the bill, in the hearings have to make the law work. That is ac- They said: This is a victim. How do and in the committee process. The tually why every one of these provi- we find the person who did this and amendment the Judiciary Committee sions has such widespread support. stop them from doing it again? A vic- adopted on February 2 included several In fact, our reauthorization bill is tim is a victim is a victim. Everybody additional changes requested by Repub- supported by more than 1,000 Federal, in law enforcement will tell you that. lican Senators. I made sure they were State, and local organizations, and Because of that, we added a limited in there. They are outlined in the com- they include service providers, law en- number of new visas for immigrant vic- mittee report. forcement, religious organizations, and tims of serious crimes who help law en- We eliminated several provisions many more. forcement, which is backed only by the that would have offered significant as- We have done a good job on the do- immigrants’ rights organizations, as sistance to immigrant victims of do- mestic violence front, so sexual assault one might expect, but it is backed by mestic and sexual violence. It was dif- is where we need to increase our focus. the Fraternal Order of Police which ficult to remove these provisions, but That is what the bill does. The admin- writes that ‘‘the expansion of the U we earnestly sought compromise, and I istration is fully onboard, and I wel- visa program will provide incalculable was encouraged when in our committee come their statement of support. benefits to our citizens and our com- meetings Senator GRASSLEY acknowl- We have to pass this legislation. We munities at a negligible cost.’’ My edged our efforts to reach agreement have to pass this provision to focus on friends in law enforcement are right, as where we could. sexual assault. I think of the advocates they so often are. I said then and I now say that we in my State of Vermont who work not On Tuesday, in an editorial in our were willing to go as far as we could to only in the cities but especially in the local paper, the Washington Post urged accommodate Senators on either side rural areas. Mr. President, it is not passage of our bipartisan bill, noting:

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2718 CONGRESSIONAL RECORD — SENATE April 25, 2012 A comprehensive committee report con- cause victims were not willing to come they go to the victims and victims’ vincingly details gaps in current programs as forward and report rapes because they rights organizations for which they are identified by law enforcement officers, vic- felt they were treated like a criminal intended. Our bill is one I certainly tim-service providers, judges and health-care sometimes. If they actually did report hope we will be able to pass. professions. No one—gay or straight, man or One of the trends—and not a good woman, legal or undocumented—should be it and agree to help the prosecution, denied protections against domestic abuse or their treatment on the witness stand trend—in this country right now is the sexual violence. was so humiliating they often gave up. downward curve of sentences handed Mr. President, I agree with that edi- So the reports of rape were often not out in Federal courts for child pornog- torial because what it says is what we made. This was true in Texas, but it raphy. The most recent report to Con- have said over and over on this floor— was true throughout our country. gress from the U.S. Sentencing Com- a victim is a victim is a victim. If you I worked with Democratic members mission notes that child pornography defendants are being sentenced to are a victim, you should have some- in our legislature and led the effort to terms below Federal sentencing guide- body ready to help. strengthen victim protection in this They are improvements that are not area, and it included limiting irrele- lines in 45 percent of the cases. Almost only reasonable but necessary if we are vant questions asked by law enforce- half of these defendants are receiving to fulfill our commitment to victims of ment officials and attorneys and rede- less than the recommended sentences. domestic and sexual violence. If we say fining the meaning of consent, all of In one particularly egregious instance, you are a victim of domestic or sexual which enhanced the privacy rights of a man was convicted of knowingly pos- violence, we can’t pick and choose to our victims. We created a statute of sessing hundreds of child pornography pictures and videos of 8- to-10-year-old say this victim will be helped but this limitations that was more in line with girls being abused. I can hardly even one is going to be left on their own. We other crimes of assault and battery. talk about that, but even worse, the say we are going to help all of them. A Our bill was so good when it passed sentencing guidelines called for this victim is a victim is a victim. in 1975 that it became a model for other I believe that if Senators of both par- States that were passing legislation. man to receive 63 to 78 months of im- ties take an honest look at all the pro- So this was the beginning of the effort prisonment, yet he was sentenced to 1 visions in our bipartisan VAWA reau- to do just that. It was the model bill day in prison. That is ridiculous. It is thorization bill, they will find it to be many States looked at to adapt and obscene in and of itself. Our bill would impose a mandatory a commonsense measure we can all adopt in their States to protect the minimum sentence of 1 year in these support. This isn’t a Democratic or a victims of violent crimes in our coun- try. cases. If I could have written this bill Republican measure, this is a good-gov- by myself, it would have been more. So ernment measure. This protects the In the Senate, it was my bill that created the Amber Alert system that a minimum of 1 year for child pornog- people in our society who sadly need raphy showing 8- to-10-year-old girls protection. Sixty-one Senators have al- would go across State lines. I worked with Senator FEINSTEIN on that bill, being violated. That is hard to talk ready reached this conclusion from about, and we need to do something both parties, so I hope more will join and our bill has saved 550 abducted children. That has been documented. about it. Our substitute does create a us. I hope the Senate will promptly minimum sentence for this type of vio- pass the Leahy-Crapo Violence Against So we have been able to do some things on a bipartisan basis. I have also lation. Women Reauthorization Act. We have many other provisions in strongly supported the National Do- Mr. President, I was going to suggest our bill that are very strong. My sub- mestic Violence Hotline, and stalking the absence of a quorum, but I see the stitute is one I think we can put to- across State lines was also in my bill. distinguished Senator from Texas in gether with Senator LEAHY’s bill when So I have been in this effort for a long the Chamber, so I yield the floor. we go to conference. I know the House The PRESIDING OFFICER. The Sen- time. Of course, 16 years ago when the Vio- is going to pass a bill. They are intro- ator from Texas. ducing their own. We will go to con- Mrs. HUTCHISON. Mr. President, I lence Against Women Act first passed, ference on this bill, and we will come rise to talk about the Violence Against we did so unanimously, on a voice vote. out with a good bill if everyone will co- Women Act. Senator LEAHY, the distin- Everyone supported it. We now have to operate because we are on the same guished chairman of the Judiciary renew this bill yet again, and I hope we path. Committee, has a bill that has many are going to come together tomorrow I think our bill is a good and solid good parts, and I was listening to the to pass it. one. I am looking forward to talking I am going to support Senator things he said about it and agree with about it tomorrow, having a vote, and LEAHY’s bill. I like many parts of it. I many of them. Because there are some I hope we will be able to go forward areas of disagreement, I have worked also think we can improve it in the with the sincerity I think everyone has with many of my colleagues to create a areas I have included in my substitute, on this issue. substitute that has the same coverage and I hope we will be able to pass that I think Senator CORNYN has a won- but is better in other ways also. So I as well. Our bill keeps much of the derful amendment that will also in- hope we will have the ability to look at committee-reported bill intact. For in- crease getting rid of the backlog in the both and that from that we would be stance, I am cosponsoring Senator KLO- rape testing kits so that people who able to pass a bill out of the Senate to BUCHAR’s bill to take the stalking bill I are guilty of these crimes can be found address the violence against women we passed originally into cyber stalking through the testing and stopped from see in our country. because that was not a problem when committing future crimes on victims. Our bill, as Senator LEAHY’s bill we first passed the Violence Against That is the purpose. So Senator COR- does, actually covers men, who we Women Act but is a problem today. NYN and I hope to be able to have our know now are also subject to this kind The current legislation I am going to amendments brought forward tomor- of violence. So our bill covers men who introduce will update and strengthen row—two amendments—and with Sen- have suffered the same kinds of victim- current law and fix some weaknesses ator LEAHY’s bill, we can pass this and ization as women and whom we covered that I think are in Senator LEAHY’s send it to the House. 16 years ago. bill. Our bill updates current law by Something is going to pass the Sen- I would like to point out that I have mandating tougher sentences for vio- ate, and I hope we will just have a min- been championing this issue for a very lent crimes, increasing support for sex- imum ability to move on our very re- long time. When I was in the Texas ual assault investigations and rape kit spectable alternatives or amendments Legislature, I learned there were seri- testing, and requiring more effective and then go to conference, where we ous problems in the reporting and pros- Justice Department oversight of grant can come out with a bill that extends ecution of rape in our country. The programs to ensure scarce funds aren’t this very important act in our country. State statute in Texas in the early wasted. This was done as a result of the Mr. President, I have four letters of 1970s discouraged reporting because of IG in the Justice Department saying support for our bill. One letter is from embarrassment to the victim and the there was not enough oversight and not a rape prevention and victim protec- difficulty of obtaining convictions be- enough auditing of the grants to ensure tion group. The PROTECT group says

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.075 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2719 their support is for strengthening Fed- and Oversight held a hearing on inter- sure that rapists are brought to justice. For eral sentencing of child sexual exploi- national violence against women at which I more information about RAINN, please visit tation. The Shared Hope International testified to the connections between sexual www.rainn.org. violence against children and women, and Thank you again for including the SAFER organization is very supportive of the the need to view the sex trafficking occur- Act in S. 2338. We believe SAFER will great- parts of our bill that have gotten into ring in the U.S. as part of the widespread ly enhance VAWA and result in a stronger, the international realm of trafficking. crime of international violence against more effective bill. We are grateful for your The Rape Abuse & Incest National Net- women. We view the inclusion of provisions leadership in the battle to prevent sexual vi- work, which is the largest rape victim related to mandatory minimum sentences olence and prosecute its perpetrators, and we organization in America, has written a for possession of pornography when the vic- look forward to working with you to encour- very strong letter of support, as has tim is under 12 and the expansion of the ad- age passage of this important act and to re- authorize VAWA. the Criminal Justice Legal Founda- ministrative subpoena power for the U.S. Marshals to track unregistered sex offenders Sincerely, tion. as efforts to protect children who are subject SCOTT BERKOWITZ, I hope we will be able to talk again to violence through sex trafficking. These President and Founder. tomorrow about these pieces of legisla- provisions bring greater criminal enforce- tion. ment and deterrence to child sex trafficking CRIMINAL JUSTICE Mr. President, I ask unanimous con- crimes. Child pornography is one form of LEGAL FOUNDATION, sent to have printed in the RECORD the child sex trafficking and is too often inter- Sacramento, CA, April 19, 2012. four letters to which I referred. twined with the other forms of sexual exploi- Re: S. 1925, Violence Against Women Reau- There being no objection, the mate- tation, which include prostitution and sexual thorization rial was ordered to be printed in the performance. Stiffer penalties will bring Hon. CHARLES GRASSLEY, greater deterrence and justice for the vic- Hart Senate Office Building, RECORD, as follows: tims. Prevention of child sex trafficking in- Washington, DC. PROTECT, cludes empowering families and commu- DEAR SENATOR GRASSLEY: the Criminal Knoxville, TN, April 23, 2012. nities with the knowledge of the location of Justice Legal Foundation, an organization Hon. CHUCK GRASSLEY, sex offenders. Those offenders who fail to supporting the rights of victims of crime in Hart Senate Office Building, register circumvent the purpose of this law. the criminal justice system, supports your Washington, DC. Tools to increase the ability of the U.S. Mar- efforts to establish a minimum sentence for DEAR SENATOR GRASSLEY: We are writing shals to track these unregistered sex offend- the crime of aggravated sexual abuse when to enthusiastically endorse your legislation ers is important to enforcement of this law. committed within federal jurisdiction. to strengthen federal sentencing of child sex- We commend your leadership in combating The present statute provides that a person ual exploitation. child sex trafficking by viewing it as part of who commits this crime, more commonly de- Your proposed amendments to 18 U.S.C. the overall violence against women issue and scribed as forcible rape, ‘‘shall be fined . . ., 2252 and 2252A would create a mandatory fully support your efforts. Please contact me imprisoned for any term of years or life, or minimum sentence of incarceration for any with any questions and thank you for consid- both.’’ (18 U.S.C. § 2241(a).) Sentencing laws offender who possesses child abuse images of ering our views on this bill. with such an enormous range of punishments ‘‘a prepubescent minor or a minor who had Sincerely, are relics of a bygone era. At one time, it not attained 12 years of age.’’ LINDA SMITH, was thought proper to give the trial judge The Grassley bill stands squarely in the (U.S. Congress 1995–99, such wide latitude, but the disparate sen- way of a growing movement by federal Washington State tences under this system were eventually un- judges to weaken sentences for child pornog- Senate/House 1983– derstood to outweigh the advantages. raphy crimes. This judicial movement, given 94), Founder and In the Sentencing Reform Act of 1984, a bi- credence and momentum by the U.S. Sen- President. partisan reform sponsored by Senators Ken- tencing Commission, would treat so-called nedy and Thurmond, the wide-ranging sen- ‘‘simple possession’’ as a victimless crime. RAPE, ABUSE & INCEST tences in the statutes were overlaid, and This outrageous judicial campaign leaves NATIONAL NETWORK, largely replaced, by a set of binding sen- Congress no choice. With its aggressive criti- Washington, DC, April 24, 2012. tencing guidelines. From 1984 to 2005, a good cism of child pornography penalties, the U.S. Hon. KAY BAILEY HUTCHISON, argument against adding statutory manda- Sentencing Commission has shot across your U.S. Senate, tory minimums was that they were unneces- bow. We cheer you for returning fire! The Washington, DC. sary in a properly functioning system of federal judiciary must hear loudly and clear- DEAR SENATOR HUTCHISON: I am writing to binding guidelines. ly that the values of Americans demand that thank you for including the Sexual Assault Unfortunately, Congress’s chosen mecha- sexual exploitation be treated as a serious Forensic Evidence Registry (SAFER) Act in nism for reducing sentencing disparity was crime. S. 2338, to reauthorize the Violence Against declared unconstitutional by the Supreme For the record, we hope to see even more Women Act. The SAFER Act is bipartisan Court in Booker v. United States, 543 U.S. 220 Congressional action, strengthening protec- and cost-free, and will help bring more rap- (2005). In its place, we have a confusing, one tions for older children and meaningful res- ists to justice by reducing the rape kit back- might even say chaotic, system of discretion titution and asset forfeiture as well. Your log. It is our hope that it will be included as in the trial court and review in the courts of bill is a reasonable but tough step to shore part of the final VAWA reauthorization appeals. up and strengthen sentencing of child preda- package. Mr. HATCH. Mr. President, this body tors. One out of every six women and one in 33 has a long tradition of bipartisan sup- Never let the apologists for child pornog- men are victims of sexual assault—20 million port for the Violence Against Women raphy traffickers deny the pain and harm Americans in all, according to the Depart- Act. One of the bills before us will con- done by possessors of these images. These ment of Justice. Rapists tend to be serial tinue that tradition. The other will de- are human rights crimes, and should be criminals, often committing many crimes treated as such. So-called ‘‘simple posses- before they are finally caught; and only stroy it. The bill introduced by the sors’’ fuel the market for more and more about 3% of rapists will ever spend a single Senator from Texas, Mrs. HUTCHISON, crime scene recordings of children being day in prison. stays true to the purpose and scope of raped, tortured and degraded. Even those We believe it is in the best interests of vic- the legislation that in the past re- who don’t pay for the images they acquire tims, the criminal justice system, and all ceived wide bipartisan support. The create a crushing market demand for barter Americans to enact the SAFER Act. The other bill introduced by the Senator and production. Thank you for standing up SAFER Act will help get an accurate count from Vermont, Mr. LEAHY, deliberately for these victims. of the rape kit backlog on a national level, departs from that purpose and scope Sincerely, increasing transparency and efficiency and GRIER WEEKS, allowing lawmakers to target funding to the and introduces divisive and controver- Executive Director. areas of greatest need. An accurate count of sial new provisions that, I believe, are the backlog will lead to more successful designed to shatter that bipartisan SHARED HOPE INTERNATIONAL, prosecutions, and to more violent criminals support. April 24, 2012. behind bars. The purpose of the Violence Against Sen. KAY BAILEY HUTCHISON, RAINN (Rape, Abuse & Incest National Women Act is to combat violence Russell Senate Office Building, Network) is the nation’s largest anti-sexual against women. The description of the Washington, DC. assault organization. RAINN created and op- Office on Violence Against Women, DEAR SENATOR HUTCHISON: Shared Hope erates the National Sexual Assault Hotline International supports your proposed VAWA (800.656.HOPE and rainn.org), which has currently on the Department of Justice Reauthorization bill. On October 21, 2009, the helped more than 1.7 million people since Web site, states the same thing a half House Foreign Affairs Subcommittee on 1994. RAINN also carries out programs to dozen times: that this legislation is de- International Organizations, Human Rights prevent sexual assault, help victims, and en- signed to end violence against women.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.076 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2720 CONGRESSIONAL RECORD — SENATE April 25, 2012 The steadily growing bipartisan con- Act in a way that can attract that con- Lance Corporal Tarwoe is one among sensus behind this legislation has made sensus and continue the effort to end many Rhode Islanders who have proven it more important and more effective. violence against women. their loyalty, their integrity, and their Senator LEAHY’s bill, S. 1925, under- Mrs. HUTCHISON. Mr. President, I personal courage by giving the last full mines the consensus that has been yield the floor, and I suggest the ab- measure of their lives in service to our growing for two decades by introducing sence of a quorum. country in Afghanistan, in Iraq, and controversial and divisive proposals The PRESIDING OFFICER. The elsewhere around the globe. that fundamentally change the focus clerk will call the roll. Today, we honor his memory and the and scope of this legislation. If those The bill clerk proceeded to call the memory of all those who have served proposals have merit, they should re- roll. and sacrificed as he did. He has joined ceive their own separate consideration Mr. REED. Mr. President, I ask unan- a distinguished roll of honor, including with appropriate legislation introduced imous consent that the order for the many Rhode Islanders who have served and hearings held. But it is inappro- quorum call be rescinded. and sacrificed since September 11, 2001. The PRESIDING OFFICER. Without priate to use the Violence Against All of these men and women who objection, it is so ordered. Women Act and the good will that it have given their lives in the last dec- has attracted as cover for those new f ade in Afghanistan and Iraq have done and divisive projects. HONORING OUR ARMED FORCES a great service to the Nation. It is a I support Senator HUTCHISON’s bill LANCE CORPORAL ABRAHAM TARWOE roll of honor. It is a roll that Lance both for what it contains and what it Mr. REED. Mr. President, I rise Corporal Tarwoe joins, and it should be does not contain. First, it provides today, along with my colleague, the for us a roll not just to recognize and stronger penalties for crimes such as Presiding Officer, to pay tribute to remember but to recommit, to try in forcible rape, aggravated sexual as- Lance Corporal Abraham Tarwoe, a some small way to match their great sault, child pornography, and inter- Rhode Islander who served in the U.S. sacrifice for this great Nation. state domestic violence resulting in Marine Corps. In Lance Corporal Tarwoe’s situa- death. The Leahy bill is weaker than On April 12, Lance Corporal Tarwoe tion, it also should remind us that this Senator HUTCHISON’s when it comes to was killed while conducting combat op- young man, born in Liberia, who came addressing these crimes, and in some erations in Helmand Province, Afghan- as a child and to Rhode Island, dem- instances it does not address them at istan. A memorial service will be held onstrates to us all that being an Amer- all. Second, it targets more grant fund- on Saturday in Rhode Island to honor ican is about what is in your heart, not ing to address sexual assault and re- his selfless sacrifice, and he will then necessarily where you were born or quires far more funding be used to re- be laid to rest in his native home of Li- what language you may have spoken as duce the backlog in testing rape kits. beria. a child. It is about believing in Amer- Third, it requires an audit of the Office When he was about 7 years old, Lance ica—believing so much that you would for Victims of Crime to ensure that Corporal Tarwoe left Liberia and start- give your life to defend the values that funds from the Crime Victims Fund are ed a new life in the United States. He we so much cherish. reaching those it exists to help. Forth, was one among thousands of Liberians f it addresses problems with inadequate who came to the United States seeking TRIBUTE TO SERGEANT MAXWELL oversight and administration by re- safety from a civil war. We are proud R. DORLEY quiring that 10 percent of grantees be that so many of these brave individuals audited each year and by capping the and their families now call Rhode Is- Mr. REED. Mr. President, I rise percentage of appropriated funds that land their home, and our State con- today, along with the Presiding Officer, may be used for administrative costs. tinues to be enriched by this strong my colleague, Senator WHITEHOUSE, to Senator HUTCHISON’s bill does not community. pay my respect and honor the life of contain the controversial and divisive Lance Corporal Tarwoe enlisted in Sergeant Maxwell R. Dorley, a distin- provisions that the majority insisted the U.S. Marine Corps in June 2009. He guished and beloved member of the on including. It does not, for example, was on his second deployment to Af- Providence Police Department, who authorize unused U visas from previous ghanistan, assigned to the 2nd Bat- passed away tragically in the line of years to be used in the future. This talion, 9th Marine Regiment, 2nd Ma- duty. provision in the majority’s bill led the rine Division, II Marine Expeditionary Sergeant Dorley’s personal story, Congressional Budget Office to con- Force, where he was serving as a which began in Liberia is another ex- clude that it will add more than $100 mortarman and had additional duties ample of the extraordinary contribu- million to the deficit. The Hutchison as a military dog handler. tion of the Liberian community to the bill does not extend Indian tribal court Each generation of Americans is State of Rhode Island, along with re- criminal jurisdiction to non-Indians. A called upon to protect and sustain our cently deceased Lance Corporal Tarwoe Congressional Research Service memo democracy, and among our greatest he- of the U.S. Marines. Sergeant Dorley’s outlines a number of constitutional roes are the men and women who have story is also another example of inspi- concerns regarding this provision in worn the uniform of our Nation and ration and hope for all of us. the majority bill. have sacrificed for our country to keep At the young age of 7, Sergeant Let me conclude by expressing both it safe and to keep it free. Dorley followed his aunt, Hawa Vin- my disappointment and my thanks. I It is our duty to protect the freedom cent, to Providence, beginning his own am truly disappointed that the major- they sacrificed their lives for through chapter of the American dream, and he ity has deliberately politicized the re- our service, our citizenship. We must wrote a remarkable chapter in that authorization of VAWA in a way that continue to keep their memories alive great story of America. Sergeant they knew would render impossible the and honor their heroism, not simply by Dorley attended Mount Pleasant High kind of bipartisan consensus this legis- our words but by our deeds as citizens School, and not only graduated at the lation has had in the past. It seems of this great country. top of his class earning admission to that the majority was more interested Today, our thoughts are with Lance Brown University, but he also be- in having a campaign issue for Presi- Corporal Tarwoe’s loving family in Li- friended Kou, who would become his dent Obama than in actually doing the beria, Famatta and Abraham Kar, his wife and partner for 27 years. His love hard work of creating a consensus bill brother Randall, his wife Juah, and his and devotion to his family was so deep that would protect women from violent son Avant, and all his family, friends, and genuine that when their first child, crime. and his comrades-in-arms. We join Amanda, was on her way, Sergeant However, I want to thank my col- them in commemorating his sacrifice Dorley declined admission to Brown leagues, Senator HUTCHISON and the and honoring his example of selfless University and began working four jobs ranking member of the Judiciary Com- service, love, courage, and devotion to so he could support his new family. mittee, Senator GRASSLEY, for stepping the Marines with whom he served and At this early stage in his life, Ser- up and offering this legislation to reau- the people of Afghanistan he was try- geant Dorley chose to prioritize his thorize the Violence Against Women ing to help. new family over himself. And as he did

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.031 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2721 so many times throughout his life, Ser- vision out of Camp Lejeune, NC. He de- rine Corps, and of his beloved family geant Dorley thought about others be- ployed with the Second Marine Expedi- here at home. fore he thought of himself. His example tionary Force Forward, where he Like Lance Corporal Tarwoe, Provi- of hard work—four jobs to support the served as a dog handler in addition to dence Police Sergeant Maxwell Dorley family—is the story of America, com- his duties as a mortarman. was also born in Liberia, and came to ing here from someplace else, working Abraham was born in Liberia during America as a child. He and his mother as hard as you can to build a strong a time of civil war. His mother and fa- settled in Providence and Max attended family and contribute to a strong com- ther sent him to America when he was Mount Pleasant High School where he munity. only 7 years old to find a better life. He met his high school sweetheart and From helping his family pay off the joined our Liberian community in wife, Kou. Max worked four jobs to sup- notes on their cars to gathering old Rhode Island, which is an important port their young family, and eventu- and used police uniforms for his fellow and valued part of our Rhode Island ally became a Providence police offi- police officers in Liberia, Sergeant civic life. cer, where he would serve the people of Dorley exemplified the best of what we Abraham grew of age and joined the Rhode Island’s capital city for 15 years. expect from our public servants—a Marines in June of 2009 and was pro- Max practiced community policing in deep commitment to serving others for moted to Lance Corporal in August of the truest sense. He went by his first name when he was on patrol. His life the greater good. 2010. In December he deployed for a sec- While terribly tragic, Sergeant ond tour of duty to Afghanistan. He experiences growing up in Providence public housing allowed him to relate to Dorley passed away last Thursday had earned the Combat Action Ribbon, the kids in the neighborhoods on his doing what he knew best, helping oth- the Sea Service Deployment Ribbon, beat. the Afghanistan Campaign Medal, the ers by trying to come to the aid of his Max was dedicated to the Police De- Providence Police Officers, Edwin Global War on Terrorism Service partment, and to the men and women Kemble and Tony Hampton, who were Medal, the National Defense Service of the force. When a call for back-up trying to break up a fight. Medal, and the NATO Medal. came across the radio this past Thurs- Today, we offer our deepest condo- He died Thursday, April 12, from day morning from two officers trying lences, and our thoughts are with all of wounds sustained from an improvised to break up a fight on River Avenue, Sergeant Dorley’s family, friends, and explosive device during a dismounted Max leapt into his cruiser. As he colleagues, but especially with his patrol in support of combat operations rushed to the aid of his fellow officers, mother Miatta who is traveling from in the Marjah district of Helmand lights and sirens blaring, he swerved to Liberia, his wife Kou, and daughter Province. He was 25 years old. avoid a collision with a car that Amanda, his son Robert, and all of his His commanding officer, Captain crossed his path. He lost control and beloved family. We join them in cele- Charles E. Anklam III, said Abraham struck a utility pole. He was rushed to brating Sergeant Dorley’s many con- had an understanding of suffering and Rhode Island Hospital, but his injuries tributions. sacrifice from his childhood and family were too great. Maxwell Dorley died at Despite his short time with us, he ties to Liberia. ‘‘He also knew about age 41. gave us much, and we honor his mem- disproportionate service,’’ Captain He now joins a list of other Provi- ory and his service to the people of Anklam said. ‘‘He held no birth obliga- dence, Police Officers who have given Providence as a Providence Police Offi- tion to America; in fact his citizenship their lives: Steven Shaw, Cornel cer. was still being processed when he gave Young, and James Allen. The loss of Sergeant Dorley is also a his life for his newly adopted country Max is remembered as a devoted hus- reminder of the great sacrifice and in- and his brothers-in-arms.’’ band and loving father, always seeking credible courage of all of our Police Of- Abraham leaves behind his wife, Juah the best for his children, Amanda and ficers who voluntarily put themselves Kelly, and their 18-month-old baby boy, Robert, and encouraging them to fol- in harm’s way to preserve the peace Avant Kar, who Abraham would talk to low their dreams. ‘‘Life has no limits,’’ and stability that allows us to enjoy by webcam almost every night. My he would tell them. our own lives. Today, we especially sa- prayers for comfort and solace go out Today, on behalf of the people of lute the service and sacrifice of Ser- to them, and to Abraham’s mother Rhode Island and the U.S. Senate, I geant Dorley, and we honor the legacy Famatta Kar, his brother Randall Kar, send my wholehearted condolences to he leaves of serving others and and to his network of extended family Kou, Amanda, and Robert, to Max’s prioritizing the greater good over his and friends in the United States and mother, Miatta Dorley, and to the own personal interest. We have indeed Liberia. brave men and women of the Provi- lost a remarkable individual and a A memorial service will be held by dence Police Force who have lost an- great example of selfless service. Abraham’s family and friends in Rhode other colleague and friend. Max gave his life protecting the citi- Again, we offer our deepest condolences Island this weekend. And then Abra- zens of our community. And for that, to his family. ham will be transported to Liberia, we owe him a gratitude that we cannot Mr. President, I yield the floor. where a funeral will be held and he will The PRESIDING OFFICER (Mr. be laid to rest. repay. We mourn the loss of two good men. REED). The Senator from Rhode Island On Monday, in Afghanistan, the Ma- Two men with similar beginnings, and is recognized. rines and sailors of Weapons Company a common calling to serve and protect Mr. WHITEHOUSE. Mr. President, it gathered around a makeshift battle- others. Abraham and Max helped make is an honor to follow my senior Sen- field cross for their own memorial serv- our neighborhoods, our country, our ator, JACK REED, who has been kind ice in Abraham’s honor. As Abraham’s world a better and safer place to live. enough to preside now for me so that comrades stepped forward one by one They gave their lives, making a real we may deliver these remarks to- to pay their silent respect, Yeager, the difference in the lives of so many oth- gether. black lab who had been Abraham’s ers. We honor them today in the U.S. The State of Rhode Island has lost partner since July 2011, walked to the Senate. two men in recent days, two men who front and lay down before his handler’s I yield the floor and suggest the ab- came from far away to our State to cross. sence of a quorum. dedicate themselves to its service and The Marine’s Prayer says, in part: The PRESIDING OFFICER. The to the service of our country, one serv- ‘‘Protect my family. Give me the will clerk will call the roll. ing our country with honor and distinc- to do the work of a Marine.’’ The bill clerk proceeded to call the tion in Afghanistan and the other serv- Abraham’s wife Juah said that the roll. ing our Ocean State’s great capital city Marine Corps was Abraham’s other Mr. REED. Mr. President, I ask unan- of Providence. love, his second family. Abraham died imous consent that the order for the U.S. Marine LCpl Abraham Tarwoe, doing the work of a Marine. And we quorum call be rescinded. of Providence, was a mortarman with pray in Abraham’s memory for the pro- The PRESIDING OFFICER (Mr. Weapons Company, 2nd Battalion, 9th tection of his brothers and sisters so WHITEHOUSE). Without objection, it is Marine Regiment of the 2nd Marine Di- bravely serving our country in the Ma- so ordered.

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Addition- the Connecticut Legislature until 1961 the following nominations: Calendar ally, the offset only impacts filers with and then again from 1963 to 1966 where Nos. 509 and 510; that there be 30 min- income over $250,000, filing jointly, or he is known for fighting for society’s utes for debate equally divided in the $200,000, single filer. most marginalized. As a State legis- usual form; that upon the use or yield- The nonpartisan Government Ac- lator, he penned Connecticut’s first ing back of time, the Senate proceed to countability Office, GAO, found that in civil rights bill that targeted discrimi- vote without intervening action or de- the 2003 and 2004 tax years, individuals nation in housing sales. Starting in bate on the nominations in the order used S corporations to underreport 1966, Bob served as general counsel to listed; that the motions to reconsider over $23 billion in wage income. The the Democratic legislative majority, be considered made and laid upon the median misreported amount was and was nominated to the bench in 1975 table, with no intervening action or de- $20,127. as a Connecticut State judge. Although bate; that no further motions be in Closing this loophole will fully offset officially retiring at the age of 70, Bob order; and that any related statements the $6 billion cost of a 1-year extension served as a senior judge and trial ref- of the interest rate and would make be printed in the RECORD, the President eree—only vacating this role when he be immediately notified of the Senate’s the Tax Code more fair. It is a win-win was too ill to continue serving. action, and the Senate then resume proposition. As an attorney, legislator, Superior legislative session. Some may say that the Federal Gov- Court Judge and then as a senior judge, The PRESIDING OFFICER. Without ernment cannot afford to forgo the Bob continually challenged himself, objection, it is so ordered. higher interest payments because of presiding in many difficult and con- the budget deficit. However, this legis- troversial cases and always working to f lation is fully paid for and should gar- make laws to serve the people of Con- MORNING BUSINESS ner support from both sides of the necticut. aisle. He constantly made the time to give Mr. REED. Mr. President, I ask unan- It is a matter of priorities. We need imous consent that the Senate proceed back to future generations of lawyers, to put the interests of middle-class teaching courses such as Constitu- to a period of morning business, with Americans ahead of those who would Senators permitted to speak therein tional Law at Trinity College, Lib- avoid paying their fair share in taxes. erties of an American at the University for up to 10 minutes each. Student loan debt affects millions of of Hartford, Administrative Law at the The PRESIDING OFFICER. Without Americans. Two-thirds of the class of University of Connecticut’s Graduate objection, it is so ordered. 2010 graduated owing student loans, School of Political Science, and the f with an average debt of over $25,000. Development of Social Policy at Yale Student loan debt has passed the $1 STOP THE STUDENT LOAN University. Bob is a legend at the Uni- trillion mark—exceeding credit card INTEREST RATE HIKE ACT versity of Connecticut Law School, debt. Moreover, the students and fami- where he taught a Legislative Process Mr. REED. Mr. President, on July 1, lies we are trying to help with the Stop course for 27 years. approximately 7.4 million college stu- the Student Loan Interest Rate Hike dents will see the interest rate double have demonstrated economic need. In- Bob achieved national renown, but on their student loans unless Congress deed, nearly 60 percent of the depend- was also well known personally takes action. For every year we fail to ent students who qualify for subsidized throughout his local community, par- act, borrowers will pay $1,000 more in loans come from families with incomes ticipating in informal groups, includ- interest on their loans. In January, I of less than $60,000. ing book, poker, and writing clubs. In introduced S. 2051, the Student Loan The question before us is, Will we his last column for the Connecticut Affordability Act, to maintain the sub- make the student loan debt burden Law Tribune, ‘‘The Last Word on a sidized student loan interest rate at worse by allowing interest rates to Long, Rich Life,’’ Bob wrote of his ap- the current 3.4 percent. Today, I am double or will we take action to pro- preciation for practicing law in Hart- proud to join my colleagues Senator tect low and moderate income stu- ford as opposed to New York City BROWN of Ohio and Senator HARKIN, the dents? where he started out his legal career. chairman of the Health, Education, We need to act fast. July 1 is only 66 In the greater Hartford area, Bob Labor, and Pensions Committee, in days away. I urge all my colleagues to wrote, ‘‘I found time to participate in sponsoring the Stop Student Loan In- join with Senator SHERROD BROWN, the community.’’ He created the Hart- terest Rate Hike Act. This legislation Chairman HARKIN, and me in sup- ford Community Renewal Team, which is a fully paid for, 1-year extension of porting the Stop the Student Loan In- was Hartford’s first agency dedicated the 3.4-percent interest rate for sub- terest Rate Hike Act. exclusively to combatting poverty, and in his last published newspaper col- sidized student loans. f There is bipartisan support for keep- umn, he wrote that he ‘‘would drop any ing interest rates low. Governor Rom- REMEMBERING ROBERT SATTER legal matter to come to its assist- ney has endorsed a temporary exten- Mr. BLUMENTHAL. Mr. President, ance.’’ sion of the current 3.4 percent rate. today I wish to pay tribute to the ex- This humanity is clearly evident in Two-thirds of Republican Senators traordinary life and immeasurable leg- Bob’s essays and books—true gifts to voted to cut the interest rate to 3.4 acy of long-time Connecticut legislator future generations. When he turned 90, percent under the College Cost Reduc- and Superior Court judge, the Honor- he wrote in the Hartford Courant: ‘‘In- tion and Access Act of 2007. able Robert Satter, who passed away ternally, I am a bunch of memories of The Stop the Student Loan Interest on January 16, 2012, Martin Luther people I’ve known, events I’ve experi- Rate Hike Act will maintain the inter- King, Jr. Day. The symbolic meaning enced, books I’ve read and poems I can est rate at 3.4 percent for another year. of this coincidence resonated with still recite. More and more I live in The 1-year extension is fully paid for many who admired Judge Satter for his that interior space, recalling the past. by eliminating a tax loophole that has crusading work on behalf of civil rights When I die, that presence and circuitry allowed some shareholder-employees of and equal opportunity. will vanish.’’ Respectfully, my own so-called S corporations to avoid pay- After serving in the Navy during view is that his memories will endure ing their fair share of Social Security World War II, Bob dedicated himself through the family and friends that and Medicare payroll taxes. This offset wholeheartedly to the law, first as a adore him, his legal accomplishments will apply only to a subset of S cor- well-known attorney in Hartford where will withstand time, and his ‘‘presence porations that are professional service he took on controversial death penalty and circuitry’’ will be ever vibrant.

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.079 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2723 Although he served Connecticut for tonomous water treatment system, Intel Science Competition has strict more than 5 decades, Bob’s contribu- powering a wastewater treatment reac- rules about independent student work, tions were immeasurable. Connecticut tor, by the reactions of bacteria found these brilliant mentors inspire their has lost a great mind, teacher, and in- in the wastewater itself. students to spend their free time re- tegral part of its political and progres- Guilford High School’s Yuning Zhang searching new ideas and thinking big sive infrastructure. Connecticut and used this competition, in conjunction thoughts. the Nation will never forget this great with work at Yale University’s School Greenwich High School’s independent man. He lives on through his words and of Medicine, to express his interest in science research class is taught by his tremendous acts of vision and cour- biomedical research. According to his Andy Bramante, who left a 15-year ca- age as well as his passion for life, the advanced placement biology teacher, reer as a chemical engineer and chem- law, and the State of Connecticut. Ruth Heckman, Yuning is ‘‘so excited ist to inspire high school students to f about doing research and wants to love research. An advanced placement make it his future.’’ After isolating biology teacher at Guilford High 2012 INTEL SCIENCE TALENT kidney cells, growing them in enriched School and educator for 36 years, Ruth SEARCH cultures, and staining and character- Heckman was excited to report that Mr. BLUMENTHAL. Mr. President, izing them, he compared these samples she gets to learn from students like today I wish to acknowledge the seven to non-selectively grown cells. He Yuning Zhang. Zizi’s research was Connecticut students who have been found that there was an over 70 percent guided by Deborah Day, science re- named 2012 Intel Science Talent Search increase in the amount of stem cells search teacher at Amity Regional High semifinalists. This elite, national com- that would grow from selectively School. Kevin Rogers, the head of the petition seeks to honor high school grown cells, which has incredible fu- science department and chemistry students who excel in a science or ture applications for injury repairing teacher at Choate Rosemary Hall, math research project in order to and wound healing. helped Aaron Shim work with an out- ‘‘highlight the need for improved math Aaron Shim of Choate Rosemary Hall side group at Yale University in fur- and science education in the United used computer models and an oppor- therance of his research. Similarly, the States.’’ Beginning in 1942, the Society tunity to work alongside Yale chem- instructor of mathematics at the for Science and the Public, SSP, has istry professors to study organo- Hotchkiss School, Marta Eso, worked partnered with Westinghouse and then metallic complexes and their possible with Seung Hyun Lee to complete an in 1998 with the Intel Corporation to applications for renewable energy. His independent study research project at offer this opportunity for young sci- goal was to further refine the modeling his high school and also at Hofstra Uni- entists and mathematicians. These 7 methods of these complexes in order to versity. And Sonia Beloin, teacher and students from Connecticut have been expedite our understanding and utiliza- adviser to the Science Bowl and selected from over 1,500 applications tion of the way hydrogen is stored in Science Olympiad clubs at Hamden from around the country, and I am fuel cells. Over the course of his re- High School, mentored Yiyuan Hu, proud that they represent Greenwich, search, Aaron was motivated by and helping to facilitate his successful Guilford, Hamden, Lakeville, Walling- hopes to explore in the future how work at the Section of Infectious Dis- ford, and Woodbridge Counties. Their computers can help ‘‘us understand a eases at Yale School of Medicine and hard work, motivation, and curiosity little bit more about the natural world supporting him to improve his presen- gives me great pride and hope in their around us, helping solve real-world tation over time. ability to change the world. Using problems through their rather abstract Several of these students were in- their intelligence, ideas, and passion, power of mathematics and computa- vited to join high-level study on their they can help solve some of our Na- tion.’’ chosen topics at several select univer- tion’s most pressing issues. Hailing from Hamden High School, sities. Yuning Zhang, Aaron Shim, and Student Zizi Yu from Amity Re- Yiyuan Hu examined MyD88—a protein Yiyuan Hu were invited into cutting- gional High School observed the severe involved in the body’s immune sys- edge laboratories at Yale University. food allergies experienced by some of tem—and its role in DNA damage re- Yuning worked with Dr. Gilbert her peers. Through a survey and a case sponse. Through novel research of in- Moeckel, the director of the Renal Pa- controlled study, she took a closer look fectious diseases as part of Dr. Albert thology and Electron Microscopy Lab- at what has been commonly called the Shaw’s laboratory at Yale University’s oratory at Yale University’s School of hygiene hypothesis, finding a correla- School of Medicine, Yiyuan helped dis- Medicine. After reading some of their tion between the age of exposure to cover unexpected new applications for papers, Aaron was invited to join Pro- certain foods and substances and the MyD88 to counter diseases tied to fessor Victor S. Batista’s research prevalence of allergies later in life. chemicals that help kill bacteria but team at Yale University’s Department After being named a semifinalist on can also damage DNA. Yiyuan has even of Chemistry. Yiyuan Hu assisted Dr. January 25, 2012, Zizi was selected as inspired other students at Hamden Albert Shaw’s laboratory in the Sec- one of 40 finalists and traveled to High School to become excited about tion of Infectious Diseases at the Yale Washington, DC, in March to meet research and involved in the school’s School of Medicine, and Seung Hyun with national leaders to present her science club. Lee worked in conjunction with Pro- findings. Student Seung Hyun Lee con- fessor Dan Ismailescu from Hofstra William Bennett Hallisey and Ryota templated the Steiner ratio problem as University. I applaud this fruitful and Ishizuka took a unique, independent part of an independent study project in nurturing relationship between high science research class at Greenwich conjunction with his math instructor school students and universities. High School, where they were inspired at his high school, the Hotchkiss I wish the best of luck to the seven to experiment with the intersection of School, and Hofstra University’s Pro- Connecticut 2012 Intel Science Talent biology and environmental studies. fessor Dan Ismailescu. Seung experi- Search semifinalists as they continue After learning about research con- mented with the field of combination to inspire others to dedicate their bril- ducted at Stanford University, William optimization, a study that combines liance to STEM fields. I know my col- adjusted the materials previously used math and theoretical computer leagues will join me in honoring these in experimentation and examined how science, with the aim to advance our impressive accomplishments of our Na- silver nanoparticles and felt substrates understanding of the Steiner ratio tion’s young people. could serve as an easily transportable, problem. f low-cost, and user-friendly filtration The success of these talented young system, removing about 95 percent of a adults is a testament to the care and TRIBUTE TO SALVATORE system’s bacteria. Ryota Ishizuka dedication of the teachers, mentors, PRINCIOTTI looked at ways to harness the potential and administrators who nurtured them Mr. BLUMENTHAL. Mr. President, of microbial fuel cells to generate elec- and their projects, giving the time and today I rise to recognize the Stamford tricity through hydrogen output. She space for creativity, problem-solving, Young Artists Philharmonic, SYAP, found that she could create a fully au- and experimentation. Even though the and most especially, Salvatore

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.028 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2724 CONGRESSIONAL RECORD — SENATE April 25, 2012 Princiotti, SYAP’s beloved founder and tion for AmeriCares. He has also ex- University’s campuses—from conductor, who is retiring after 52 panded the horizons of the SYAP, Homewood to East Baltimore; from years. bringing them to Italy in 2001 and 2006 Bayview to SAIS in Washington, D.C.; Currently, SYAP runs eight different on an international tour. He is the au- from Bologna to Shanghai—all know of ensembles for a wide range of ages, in- thor of a book—The Heart of Music— Jerome and the fine work he has done cluding the advanced Young Artists which explores the art of music edu- on their behalf and on behalf of the Philharmonic, an intermediate level cation. University. Whether someone works in orchestra, a string ensemble, flute I am in the company of many others the Homewood garage or is a Nobel choirs, jazz groups, and a Summer Jazz who have demonstrated their apprecia- Laureate exploring the cure for cancer, Workshop that draws student musi- tion of Mr. Princiotti. He was the 2000 he or she counts Jerome as a friend. He cians from around the country. recipient of the Film and Arts Bravo has great respect for the institution, SYAP has become closely connected Network Award, the 1987 Stamford and especially for those who work each to the Stamford area community. Its Community Arts Council Arts Award, day to create and sustain the ‘‘Hopkins members are artistic ambassadors, and has been inducted into the Stam- family.’’ sharing their love of music as a com- ford High School Wall of Fame. Mr. I am proud to say that Jerome and mon language and source of connection Princiotti holds the keys to the City of his wife Tammy, a special education with all of Connecticut. Through both Stamford, and is a most treasured teacher, are personal friends. Their classical and jazz programming, the member of the Stamford area and the children—Becky and her husband SYAP shares different styles of music State of Connecticut. Larry, and Andy and his wife Nancy— in venues around Stamford—outreach ‘‘The Prince’s’’ final concert will be and their grandchildren—Sophie, through plush melodies and moving held on May 6, 2012, at the Palace The- Jason, Tucker, and Cassidy—are an in- rhythms—holding performances, for ex- ater in Stamford, CT, where friends, tegral part of Baltimore. When Jerome ample, at Stamford Town Center, such family, alumni of the orchestra, and retires from Johns Hopkins University, as the popular outdoor concert series, current young artists of this esteemed he is excited about serving as the presi- Jazz on the Plaza. group will spend hours wrapped in me- dent of his synagogue, Beth El, and Committed to a strong tradition of lodic memory in celebration of more spending more time with his family giving back to the less fortunate, the than 50 years of artistry, education, and friends in Baltimore and Bethany SYAP has partnered with the Union and true connection. At this event, a Beach. Baptist Church in Stamford where, in scholarship fund and chair will be dedi- I ask my colleagues to recognize the exchange for rehearsal space, it held an cated in Mr. Princiotti’s honor. I can enormous contributions that Jerome annual holiday concert whose proceeds say with certainty that there is no has made to the Johns Hopkins Univer- benefited the church’s senior members. need for a chair for the Maestro to be sity and Baltimore communities and to In addition, the Philharmonic partners remembered for decades to come. wish him well in his well-deserved re- with the Waterside School in their Out- f tirement.∑ reach String Program, offering lessons f to students who cannot afford instru- ADDITIONAL STATEMENTS ments. RECOGNIZING THE GELATO SYAP’s level of musicianship is first- FIASCO rate as demonstrated by its relation- TRIBUTE TO JEROME D. ∑ Ms. SNOWE. Mr. President, in antici- ship with the Stamford Symphony, SCHNYDMAN pation of the warm spring weather which mentors the young musicians, ∑ Mr. CARDIN. Mr. President, today I upon us and the long summer days sharing performances and giving work- wish to recognize Jerome D. ahead in my home State of Maine, our shops. However, the surest indicator of Schnydman who will be retiring on thoughts quickly turn towards fun in the high level of musicianship is the June 30 from Johns Hopkins Univer- the sun and cool refreshing treats. leadership and 52 dedicated years of the sity. Jerome has spent his adult years Today, I rise to commend and recog- enormously talented violinist and con- at Johns Hopkins, first as a student nize The Gelato Fiasco, located in ductor, Maestro Princiotti. and All-American lacrosse player, Brunswick, ME, for developing and Sal Princiotti, or ‘‘the Prince,’’ as he graduating in 1967, then as an assistant growing a niche market serving delec- is called by the orchestra members, has lacrosse coach from 1968 until 1978, table frozen gelato treats while expand- dedicated a half a century to enhancing when he rose from assistant director to ing and creating economic opportuni- the lives of young musicians, inspiring become the director of undergraduate ties across the State. a passion for melody with specific per- admissions for the schools of Arts and In 2002, the founders of The Gelato formances as temporary goals, but Sciences and Engineering. He went on Fiasco, Josh Davis and Bruno with overall experience as his moti- to serve as executive director of the Of- Tropeano, were students at Bentley vating principle. Mr. Princiotti brings fice of Alumni Relations and, most re- University in Waltham, MA, and enormous talent to the SYAP as a cently, as the secretary to the board of dreamed of starting their own company graduate of the Juilliard School and trustees and executive assistant to the and becoming successful entrepreneurs. past soloist at Tanglewood Music Fes- president of Johns Hopkins. As the two students spent their time tival under world-renown conductors If you count Jerome’s stint as cap- exploring various ventures, this team Leonard Bernstein and Charles Munch. tain of the 1967 National Championship decided to open a homemade gelato In addition to founding and leading the Lacrosse Team, he has served Johns store as a result of being dissatisfied SYAP, and conducting the Ridgefield Hopkins University for 41⁄2 decades and with the gelato options available to Symphony and Stamford Symphony, he has done so with grace, intelligence, them throughout the Northeast. Mr. Princiotti maintains a busy, pri- compassion, and distinction. He re- Made mostly from milk and sugar, vate teaching practice and has directed ceived the Alexander K. Barton Cup for gelato has less fat than standard ice the string programs for the Greenwich ‘‘strong character, high ideals, and ef- cream and also contains less air, mak- and Darien school systems. fective moral leadership’’ upon grad- ing the final product denser. Taking Under Mr. Princiotti’s baton, the uating. In 1998, he was inducted into advantage of the small gelato market SYAP has performed for many signifi- the Johns Hopkins Athletic Hall of that existed with an estimated 1,500 cant commemorations, including the Fame. In 2003, he was inducted into the gelaterias total in the United States New York World’s Fair in 1964, the re- National Lacrosse Hall of Fame. Bruno and Josh saw an opportunity to dedication of the Statue of Liberty, There will be 10 different disciplines market a superior version of the deli- and a program for President George at the University honoring Jerome cious Italian treat. Determined to H.W. Bush. In addition to enriching our Schnydman for his distinguished serv- serve a top quality gelato, The Gelato Nation’s history, Mr. Princiotti has en- ice. That is no surprise: he has been the Fiasco features only the best local in- sured that his groups of musicians give ‘‘go-to’’ guy for everyone and every- gredients available. back to their country through annual thing. Generations of Hopkins stu- In these uncertain economic times, holiday concerts at Grand Central Sta- dents, faculty, and staff on any of the as young entrepreneurs, Josh and

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.027 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2725 Bruno faced unique challenges while Mr. Novotny, one of its reading clerks, Force, and his advancement to the grade of attempting to accomplish their dream announced that the House has passed lieutenant general on the retired list; to the and receive funding for their first the following bills, in which it requests Committee on Armed Services. store. Initially, they pursued loans the concurrence of the Senate: EC–5810. A communication from the Acting from about 20 banks but were turned Under Secretary of Defense (Personnel and H.R. 491. An act to modify the boundaries Readiness), transmitting a report on the ap- down by all of them. However, with of Cibola National Forest in the State of proved retirement of Lieutenant General persistence and determination, they New Mexico, to transfer certain Bureau of William T. Lord, United States Air Force, were able to acquire a $225,000 SBA- Land Management land for inclusion in the and his advancement to the grade of lieuten- backed loan which covered the major- national forest, and for other purposes. ant general on the retired list; to the Com- ity of their startup costs. H.R. 2157. An act to facilitate a land ex- mittee on Armed Services. change involving certain National Forest EC–5811. A communication from the Acting Their premier store, The Gelato Fi- System lands in the lnyo National Forest, Under Secretary of Defense (Personnel and asco, opened in 2007, and has served and for other purposes. Readiness), transmitting a report on the ap- more than 450 flavors since its start. H.R. 2947. An act to provide for the release proved retirement of Lieutenant General Even with the complex challenges of of the reversionary interest held by the Donald J. Hoffman, United States Air Force, United States in certain land conveyed by trying to grow during these tough eco- and his advancement to the grade of lieuten- the United States in 1950 for the establish- nomic times, Bruno and Josh’s initial ant general on the retired list; to the Com- ment of an airport in Cook County, Min- success allowed them to garner addi- mittee on Armed Services. nesota. tional support from Coastal Enter- EC–5812. A communication from the Acting prises Inc., CEI, a local community de- f Under Secretary of Defense (Personnel and velopment financial institution. CEI MEASURES PLACED ON THE Readiness), transmitting the report of an of- granted this small business a $140,000 CALENDAR ficer authorized to wear the insignia of the loan through a new crowdfunding ini- grade of brigadier general in accordance with tiative established by Starbucks CEO The following bill was read the first title 10, United States Code, section 777; to the Committee on Armed Services. Howard Schultz called ‘‘Create Jobs for and second times by unanimous con- EC–5813. A communication from the Assist- USA.’’ The Gelato Fiasco utilized these sent, and ordered placed on the cal- endar: ant Secretary of Defense (Legislative Af- critical funds to expand to a second lo- fairs), transmitting legislative proposals and S. 2366. A bill to extend student loan inter- cation in Portland, ME, buy equip- accompanying reports relative to the Na- est rates for undergraduate Federal Direct ment, and hire at least 10 new employ- tional Defense Authorization Act for Fiscal Stafford Loans. ees to help staff it. Year 2013; to the Committee on Armed Serv- As this small firm continues to grow, f ices. introducing more customers to their MEASURES REFERRED EC–5814. A communication from the Acting gelato treat, the shop diligently pro- Assistant Secretary of Defense (Reserve Af- The following bills were read the first duces 25 to 35 different flavors each fairs), transmitting, pursuant to law, the and the second times by unanimous 2011 annual report relative to the morning in their store. Despite the tu- consent, and referred as indicated: STARBASE Program; to the Committee on multuous economy, Josh and Bruno re- Armed Services. main focused on ensuring the fun-lov- H.R. 491. An act to modify the boundaries of Cibola National Forest in the State of EC–5815. A communication from the Sec- ing experience and quality of their New Mexico, to transfer certain Bureau of retary of the Treasury, transmitting, pursu- gelato are consistent. Their remark- Land Management land for inclusion in the ant to law, a six-month periodic report on able vision has become a reality as national forest, and for other purposes; to the national emergency with respect to the their Italian style ice cream has con- the Committee on Energy and Natural Re- stabilization of Iraq that was declared in Ex- tinued to find its way throughout sources. ecutive Order 13303 of May 22, 2003; to the Maine and New England in various cof- H.R. 2157. An act to facilitate a land ex- Committee on Banking, Housing, and Urban change involving certain National Forest Affairs. feehouses, restaurants, and grocery EC–5816. A communication from the Sec- freezer cases. System lands in the Inyo National Forest, and for other purposes; to the Committee on retary of the Treasury, transmitting, pursu- Despite difficult economic times and Energy and Natural Resources. ant to law, a six-month periodic report on the obstacles faced by young entre- H.R. 2947. An act to provide for the release the national emergency declared in Execu- preneurs, the dynamic duo of Bruno of the reversionary interest held by the tive Order 12978 of October 21, 1995, with re- Tropeano and Josh Davis has clearly United States in certain land conveyed by spect to significant narcotics traffickers cen- fostered a winning strategy. I am proud the United States in 1950 for the establish- tered in Colombia; to the Committee on to extend my praise to Josh and Bruno ment of an airport in Cook County, Min- Banking, Housing, and Urban Affairs. and everyone at The Gelato Fiasco for nesota; to the Committee on Energy and EC–5817. A communication from the Assist- Natural Resources. ant Secretary for Export Administration, their entrepreneurial spirit and suc- Bureau of Industry and Security, Depart- f cessful company. I offer my best wishes ment of Commerce, transmitting, pursuant for their future endeavors.∑ EXECUTIVE AND OTHER to law, the report of a rule entitled ‘‘Addi- f COMMUNICATIONS tion of Certain Persons to the Entity List’’ (RIN0694–AF61) received in the Office of the MESSAGES FROM THE PRESIDENT The following communications were President of the Senate on April 24, 2012; to Messages from the President of the laid before the Senate, together with the Committee on Banking, Housing, and United States were communicated to accompanying papers, reports, and doc- Urban Affairs. the Senate by Mr. Pate, one of his sec- uments, and were referred as indicated: EC–5818. A communication from the Direc- retaries. EC–5807. A communication from the Acting tor of Congressional Affairs, Office of Nu- Under Secretary of Defense (Acquisition, clear Regulatory Research, Nuclear Regu- f Technology and Logistics), transmitting, latory Commission, transmitting, pursuant EXECUTIVE MESSAGES REFERRED pursuant to law, Selected Acquisition Re- to law, the report of a rule entitled ‘‘Condi- tion-Monitoring Techniques for Electric Ca- As in executive session the Presiding ports (SARs) for the quarter ending Decem- ber 31, 2011 (DCN OSS 2012–0567); to the Com- bles Used in Nuclear Plants’’ (Regulatory Officer laid before the Senate messages mittee on Armed Services. Guide 1.218) received in the Office of the from the President of the United EC–5808. A communication from the Acting President of the Senate on April 19, 2012; to States submitting sundry nominations Under Secretary of Defense (Personnel and the Committee on Environment and Public which were referred to the appropriate Readiness), transmitting a report on the ap- Works. committees. proved retirement of Lieutenant General EC–5819. A communication from the Direc- (The nominations received today are Marc E. Rogers, United States Air Force, tor of Congressional Affairs, Nuclear Regu- printed at the end of the Senate pro- and his advancement to the grade of lieuten- latory Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Inter- ceedings.) ant general on the retired list; to the Com- mittee on Armed Services. pretations; Removal of Part 8’’ (RIN3150– f EC–5809. A communication from the Acting AJ02) received in the Office of the President MESSAGE FROM THE HOUSE Under Secretary of Defense (Personnel and of the Senate on April 19, 2012; to the Com- Readiness), transmitting a report on the ap- mittee on Environment and Public Works. At 10:58 a.m., a message from the proved retirement of Lieutenant General EC–5820. A communication from the Direc- House of Representatives, delivered by Richard Y. Newton III, United States Air tor of Congressional Affairs, Nuclear Reactor

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.030 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2726 CONGRESSIONAL RECORD — SENATE April 25, 2012 Regulation, Nuclear Regulatory Commis- Medical/Infectious Waste Incinerators State dures for the Analysis of Pollutants Under sion, transmitting, pursuant to law, the re- Plan for Designated Facilities and Pollut- the Clean Water Act; Analysis and Sampling port of a rule entitled ‘‘Notice of Avail- ants: Indiana’’ (FRL No. 9663–2) received in Procedures’’ (FRL No. 9664–6) received in the ability of Revision 4 to the Standard Tech- the Office of the President of the Senate on Office of the President of the Senate on April nical Specifications’’ (NUREG–1430, –1431, April 24, 2012; to the Committee on Environ- 24, 2012; to the Committee on Environment –1432, –1433, and –1434) received in the Office ment and Public Works. and Public Works. of the President of the Senate on April 23, EC–5829. A communication from the Direc- EC–5837. A communication from the Chief 2012; to the Committee on Environment and tor of the Regulatory Management Division, of the Publications and Regulations Branch, Public Works. Environmental Protection Agency, transmit- Internal Revenue Service, Department of the EC–5821. A communication from the Direc- ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, titled ‘‘Modification of Significant New Uses report of a rule entitled ‘‘Guidance on Re- Environmental Protection Agency, transmit- of Tris Carbamoyl Triazine; Technical porting Interest Paid to Nonresident Aliens’’ ting, pursuant to law, the report of a rule en- Amendment’’ (FRL No. 9344–7) received in ((RIN1545–BJ01) (TD 9584)) received in the Of- titled ‘‘Revisions to the Hawaii State Imple- the Office of the President of the Senate on fice of the President of the Senate on April mentation Plan’’ (FRL No. 9634–1) received April 24, 2012; to the Committee on Environ- 23, 2012; to the Committee on Finance. in the Office of the President of the Senate ment and Public Works. EC–5838. A communication from the Chief on April 24, 2012; to the Committee on Envi- EC–5830. A communication from the Direc- of the Publications and Regulations Branch, ronment and Public Works. tor of the Regulatory Management Division, Internal Revenue Service, Department of the EC–5822. A communication from the Direc- Environmental Protection Agency, transmit- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- report of a rule entitled ‘‘Application of the Environmental Protection Agency, transmit- titled ‘‘Significant New Use Rules on Certain Normal Retirement Age Requirements to ting, pursuant to law, the report of a rule en- Chemical Substances’’ (FRL No. 9345–4) re- Governmental Plans’’ (Notice 2012–29) re- titled ‘‘Approval and Promulgation of Air ceived in the Office of the President of the ceived in the Office of the President of the Quality Implementation Plans; Maryland; Senate on April 24, 2012; to the Committee on Senate on April 23, 2012; to the Committee on Removal of the 1980 Consent Order for the Environment and Public Works. Finance. Maryland Slag Company’’ (FRL No. 9664–2) EC–5831. A communication from the Direc- EC–5839. A communication from the Board received in the Office of the President of the tor of the Regulatory Management Division, of Trustees of the Federal Old-Age and Sur- Senate on April 24, 2012; to the Committee on Environmental Protection Agency, transmit- vivors Insurance and Federal Disability In- Environment and Public Works. ting, pursuant to law, the report of a rule en- surance Trust Funds, transmitting, pursuant EC–5823. A communication from the Direc- titled ‘‘Significant New Use Rules on Certain to law, a report relative to the Federal Dis- tor of the Regulatory Management Division, Chemical Substances’’ (FRL No. 9343–4) re- ability Insurance (DI) Trust Fund becoming Environmental Protection Agency, transmit- ceived in the Office of the President of the inadequate within the next 10 years; to the ting, pursuant to law, the report of a rule en- Senate on April 24, 2012; to the Committee on Committee on Finance. titled ‘‘Revisions to the Unregulated Con- Environment and Public Works. EC–5840. A communication from the Assist- taminant Monitoring Regulation (UCMR 3) EC–5832. A communication from the Direc- ant Secretary, Bureau of Political-Military for Public Water Systems’’ (FRL No. 9660–4) tor of the Regulatory Management Division, Affairs, Department of State, transmitting, received in the Office of the President of the Environmental Protection Agency, transmit- pursuant to law, an addendum to a certifi- Senate on April 24, 2012; to the Committee on ting, pursuant to law, the report of a rule en- cation, transmittal number: DDTC 12–019, of Environment and Public Works. titled ‘‘Interim Final Determination to Stay the proposed sale or export of defense arti- EC–5824. A communication from the Direc- and Defer Sanctions, San Joaquin Valley cles and/or defense services to a Middle East tor of the Regulatory Management Division, Unified Air Pollution Control District’’ (FRL country regarding any possible affects such a Environmental Protection Agency, transmit- No. 9665–5) received in the Office of the Presi- sale might have relating to Israel’s Quali- ting, pursuant to law, the report of a rule en- dent of the Senate on April 24, 2012; to the tative Military Edge over military threats to titled ‘‘Approval and Promulgation of Imple- Committee on Environment and Public Israel; to the Committee on Foreign Rela- mentation Plans; Arizona; Update to Stage Works. tions. II Gasoline Vapor Recovery Program; EC–5833. A communication from the Direc- EC–5841. A communication from the Assist- Change in the Definition of ‘Gasoline’ to Ex- tor of the Regulatory Management Division, ant Secretary, Bureau of Political-Military clude ‘E85’ ’’ (FRL No. 9661–3) received in the Environmental Protection Agency, transmit- Affairs, Department of State, transmitting, Office of the President of the Senate on April ting, pursuant to law, the report of a rule en- pursuant to law, an addendum to a certifi- 24, 2012; to the Committee on Environment titled ‘‘Revisions to the California State Im- cation, transmittal number: DDTC 12–023, of and Public Works. plementation Plan, Antelope Valley Air the proposed sale or export of defense arti- EC–5825. A communication from the Direc- Quality Management District and Eastern cles and/or defense services to a Middle East tor of the Regulatory Management Division, Kern and Santa Barbara County Air Pollu- country regarding any possible affects such a Environmental Protection Agency, transmit- tion Control Districts’’ (FRL No. 9652–4) re- sale might have relating to Israel’s Quali- ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the tative Military Edge over military threats to titled ‘‘Underground Storage Tank Program: Senate on April 24, 2012; to the Committee on Israel; to the Committee on Foreign Rela- Approved State Program for the State of Or- Environment and Public Works. tions. egon’’ (FRL No. 9615–4) received in the Office EC–5834. A communication from the Direc- EC–5842. A communication from the Assist- of the President of the Senate on April 24, tor of the Regulatory Management Division, ant Secretary, Bureau of Political-Military 2012; to the Committee on Environment and Environmental Protection Agency, transmit- Affairs, Department of State, transmitting, Public Works. ting, pursuant to law, the report of a rule en- pursuant to law, an addendum to a certifi- EC–5826. A communication from the Direc- titled ‘‘Approval and Promulgation of Imple- cation, transmittal number: DDTC 12–007, of tor of the Regulatory Management Division, mentation Plans and Designations of Areas the proposed sale or export of defense arti- Environmental Protection Agency, transmit- for Air Quality Planning Purposes; Missouri cles and/or defense services to a Middle East ting, pursuant to law, the report of a rule en- and Illinois; St. Louis; Determination of At- country regarding any possible affects such a titled ‘‘Approval and Promulgation of Imple- tainment by Applicable Attainment Date for sale might have relating to Israel’s Quali- mentation Plans; Georgia; Approval of Sub- the 1997 Ozone National Ambient Air Quality tative Military Edge over military threats to stitution for Transportation Control Meas- Standard (NAAQS)’’ (FRL No. 9666–2) re- Israel; to the Committee on Foreign Rela- ures’’ (FRL No. 9662–8) received in the Office ceived in the Office of the President of the tions. of the President of the Senate on April 24, Senate on April 24, 2012; to the Committee on EC–5843. A communication from the Assist- 2012; to the Committee on Environment and Environment and Public Works. ant Secretary for Legislative Affairs, De- Public Works. EC–5835. A communication from the Direc- partment of State, transmitting, pursuant to EC–5827. A communication from the Direc- tor of the Regulatory Management Division, law, a report prepared by the Department of tor of the Regulatory Management Division, Environmental Protection Agency, transmit- State on progress toward a negotiated solu- Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- tion of the Cyprus question covering the pe- ting, pursuant to law, the report of a rule en- titled ‘‘Approval and Promulgation of Air riod December 1, 2011 through January 31, titled ‘‘Direct Final Approval of Hospital/ Quality Implementation Plans; Massachu- 2012; to the Committee on Foreign Relations. Medical/Infectious Waste Incinerators State setts; Determination of Attainment of the EC–5844. A communication from the Pre- Plan for Designated Facilities and Pollut- One-hour Ozone Standard for the Springfield siding Governor of the Broadcasting Board of ants: Illinois’’ (FRL No. 9663–4) received in Area’’ (FRL No. 9664–8) received in the Office Governors, transmitting, pursuant to law, the Office of the President of the Senate on of the President of the Senate on April 24, the Board’s Annual Report for 2011; to the April 24, 2012; to the Committee on Environ- 2012; to the Committee on Environment and Committee on Foreign Relations. ment and Public Works. Public Works. EC–5845. A communication from the Sec- EC–5828. A communication from the Direc- EC–5836. A communication from the Direc- retary of Health and Human Services, trans- tor of the Regulatory Management Division, tor of the Regulatory Management Division, mitting, pursuant to law, a report entitled Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- ‘‘Fourth Biennial Report to Congress on ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Evaluation, Research, and Technical Assist- titled ‘‘Direct Final Approval of Hospital/ titled ‘‘Guidelines Establishing Test Proce- ance Activities Supported by the Promoting

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.041 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2727 Safe and Stable Families Program’’; to the significant concerns about due process for ports the Air Force Special Operations Com- Committee on Health, Education, Labor, and United States citizens; and mand with its 107th Weather Flight; and Pensions. Whereas, the prospect of the indefinite de- Whereas, The A–10 Thunderbolt II mission EC–5846. A communication from the Sec- tention of United States citizens violates, was transferred to Selfridge Air National retary of Health and Human Services, trans- without due process of law, basic rights en- Guard Base from the Battle Creek Air Na- mitting, a report relative to the Administra- shrined in the United States Constitution, tional Guard Base following the 2005 Base tion’s proposal for the reauthorization of the such as the right to seek a writ of habeas Realignment and Closure Commission rec- Medical Device User Fee Act (MDUFA); to corpus, the right to petition for a redress of ommendations; and the Committee on Health, Education, Labor, grievances, the right to be free from unrea- Whereas, The Department of Defense has and Pensions. sonable searches and seizures and the right proposed the removal of all 24 of the A–10 EC–5847. A communication from the Sec- to counsel; and Thunderbolt II aircraft from the 127th Wing retary of Health and Human Services, trans- Whereas, it is crucial to national security and replacing them with four additional KC– mitting, pursuant to law, reports entitled that funding contained in the National De- 135 Stratotankers; and ‘‘The National Healthcare Quality Report fense Authorization Act for the Department Whereas, Approximately 650 personnel are 2011’’ and ‘‘The National Healthcare Dispari- of Defense and members of the military and attached to the A-I0 Thunderbolt 11 mission; ties Report 2011’’; to the Committee on their dependents remain intact; and and Health, Education, Labor, and Pensions. Whereas, the members of this Legislature Whereas, It is unknown how many support EC–5848. A communication from the Chief have taken an oath to uphold the United personnel will be necessary to service the ad- of the Trade and Commercial Regulations States Constitution and the Constitution of ditional KC–35 Stratotankers; and Branch, Customs and Border Protection, De- Maine: Now, therefore, be it Whereas, Removing the A–10 Thunderbolt partment of Homeland Security, transmit- Resolved, That We, your Memorialists, II mission could affect more than 600 fami- ting, pursuant to law, the report of a rule en- most respectfully urge and request that the lies in and around Macomb County; and titled ‘‘Disclosure of Information for Certain President of the United States and the Whereas, The removal of the A–10 Thunder- Intellectual Property Rights Enforced at the United States Congress amend the National bolt 11 mission could make the Selfridge Air Border’’ (RIN1515–AD87) received in the Of- Defense Authorization Act to clarify that National Guard Base vulnerable to closure in fice of the President of the Senate on April any provisions contained within will not de- future Base Realignment and Closure Com- 18, 2012; to the Committee on Homeland Se- prive United States citizens of the rights of mission recommendations; and curity and Governmental Affairs. due process; and be it further Whereas, The Selfridge Air National Guard EC–5849. A communication from the Direc- Resolved, That suitable copies of this reso- Base is one of the busiest, most diverse mili- tor, Administrative Office of the United lution, duly authenticated by the Secretary tary installations in the United States, en- States Courts, transmitting, pursuant to of State, be transmitted to the Honorable compassing approximately 680 buildings, law, a report entitled ‘‘Executive Summary’’ Barack H. Obama, President of the United runways measuring 9,000 and 4,870 feet, over of the ‘‘2011 Annual Report of the Director of States, to the President of the United States a million square yards of taxiway and paved the Administrative Office of the U.S. Senate, to the Speaker of the United States aircraft parking ramps, 39 miles of paved Courts’’ and ‘‘Judicial Business of the United House of Representatives and to each Mem- roads, and seven miles of railroad track; and States Courts’’ and the Uniform Resource ber of the Maine Congressional Delegation. Whereas, Recent military construction im- Locators (URL) for the complete copies of provements to Selfridge include $5.2 million those reports; to the Committee on the Judi- POM–77. A resolution adopted by the House to replace the Control Tower/Radar Ap- ciary. of Representatives of the State of Michigan proach Control Center and $9.8 million for an EC–5850. A communication from the Chair- memorializing Congress to reject the rec- infrastructure upgrade; and man, Dwight D. Eisenhower Memorial Com- ommendations of the United States Depart- Whereas, The Selfridge Air National Guard mission, transmitting, pursuant to law, a re- ment of Defense to remove the A–10 Thun- Base is essential to the local economy, as port relative to the memorial construction; derbolt II force from the 127th Wing of the nearly 3,000 full-time civilian and military to the Committee on Rules and Administra- Air National Guard at Selfridge Air National personnel work at the base, in addition to tion. Guard Base; to the Committee on Armed approximately 3,000 members of the Air and Services. Army National Guard and the reserve com- f ponents of the United States military who HOUSE RESOLUTION NO. 211 PETITIONS AND MEMORIALS are stationed at the base; and Whereas, The federal mission of the Air Whereas, Portions of the Selfridge Air Na- The following petitions and memo- National Guard is to maintain well-trained, tional Guard Base have previously been tar- rials were laid before the Senate and well-equipped units available for prompt mo- geted for closure in 1995 and 2005; and were referred or ordered to lie on the bilization during war and to provide assist- Whereas, The defense industry is vital to table as indicated: ance during national emergencies; and the economy of Macomb County; and Whereas, The Michigan Air National Guard POM–76. A joint resolution adopted by the Whereas, The loss of the Selfridge Air Na- exemplifies this federal mission and provides Legislature of the State of Maine urging the tional Guard Base will have a significant im- well-trained citizen-airmen to the United President of the United States and the pact on the local community, with the loss States Air Force; and United States Congress to review portions of of employment positions, local revenue, and Whereas, Utilizing the highly-trained and the National Defense Authorization Act; to a significant source of community pride; and experienced citizen-airmen of the Michigan Whereas, The military presence in Michi- the Committee on Armed Services. Air National Guard is significantly more ec- gan has already been significantly reduced HOUSE PAPER NO. 1397 onomical for the United States Department by the United States Department of Defense We, your Memorialists, the Members of the of Defense than utilizing active military with the 1977 decision to close Kincheloe Air One Hundred and Twenty-fifth Legislature of units; and Force Base in Chippewa County, the 1991 de- the State of Maine now assembled in the Whereas, The Michigan Air National Guard cision to close the Wurtsmith Air Force Base Second Regular Session, most respectfully provides protection of life and property, and in Iosco County, the 1993 decision to close present and petition the President of the preserves peace, order, and public safety in the K.I. Sawyer Air Force Base in Marquette United States and the United States Con- the state of Michigan, by providing emer- County, and the 2005 decision to close the gress as follows: gency relief support during natural disasters; United States Army Garrison at Selfridge Whereas, the United States Congress conducting search and rescue operations; Air National Guard Base; and passed the National Defense Authorization providing support to civil defense authori- Whereas, Losses to the 127th Wing of the Act for fiscal year 2012 on December 15, 2011, ties; and maintaining vital public services Air National Guard at Selfridge Air National and the President of the United States and counterdrug operations in the state; and Guard Base will have immeasurable con- signed the Act into law on December 31, 2011; Whereas, The Michigan Air National sequences for the state of Michigan, both in and Guard, being the air force militia of the terms of economic ramifications, as well as Whereas, the Act directs the Armed Forces state, has a long and proud history with the in terms of community pride and disaster of the United States to detain any person state of Michigan; and readiness: Now, therefore, be it who is captured in the course of hostilities Whereas, The Selfridge Air National Guard Resolved by the House of Representatives, authorized by the federal Authorization for Base dates back to 1917, and currently hosts That we urge the Congress of the United Use of Military Force Against Terrorists and 20 units from all branches of the United States to reject the United States Depart- who is determined to be a member of or part States military, as well as the United States ment of Defense recommendations to remove of al-Qaeda or an associated force that acts Coast Guard and the United States Customs the A–10 Thunderbolt II aircraft from the in coordination with or pursuant to the di- and Border Patrol; and 127th Wing of the Air National Guard at rection of al-Qaeda and to have participated Whereas, The 127th Wing flies KC–135 Selfridge Air National Guard Base; and be it in the course of planning or carrying out an Stratotankers, which provide aerial refuel- further attack against the United States or its coali- ing capabilities around the globe in support Resolved, That copies of this resolution be tion partners; and of Air Mobility Command, and A–10 Thunder- transmitted to the United States Secretary Whereas, the disagreements and uncer- bolt 11, which provide support to Air Combat of Defense, President of the United States tainty in interpretation of the law has raised Command. Additionally, the 127th Wing sup- Senate, the Speaker of the United States

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.043 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2728 CONGRESSIONAL RECORD — SENATE April 25, 2012 House of Representatives, and the members Whereas, according to the Department of Whereas, the purpose of Congress in enact- of the Michigan congressional delegation. Defense and the Government Accountability ing these reduction provisions was to provide Office (GAO), a fundamental principle of a disincentive for public employees to re- POM–78. A memorial adopted by the Legis- military readiness is that the military must ceive two pensions; and lature of the State of Florida, memorializing train as it intends to fight; and Whereas, the GPO negatively affects a Congress to repeal the Dodd-Frank Wall Whereas, the Department of Defense has spouse or survivor receiving a federal, state, Street Reform and Consumer Protection Act established military training facilities in Ar- or local government retirement or pension of 2010; to the Committee on Banking, Hous- izona, including Luke Air Force Base, Fort benefit who would also be entitled to a So- ing, and Urban Affairs. Huachuca and the Barry M. Goldwater range, cial Security benefit earned by a spouse; and SENATE MEMORIAL NO. 1778 among others, to accomplish this goal; and Whereas, the GPO formula reduces the Whereas, Congress enacted the Dodd-Frank Whereas, Department of Defense officials spousal or survivor Social Security benefit Wall Street Reform and Consumer Protec- indicate that heightened focus on the appli- by two-thirds of the amount of the federal, tion Act in 2010, and cation of environmental statutes has af- state, or local government retirement or Whereas, the stated purposes of the act are fected the use of its training areas; and pension benefit received by the spouse or ‘‘To promote the financial stability of the Whereas, compliance with environmental survivor, in many cases completely elimi- United States by improving accountability regulations, especially the Endangered Spe- nating the Social Security benefit; and and transparency in the financial system, to cies Act (ESA), has caused some training ac- Whereas, nine out of ten public employees end ‘too big to fail,’ to protect the American tivities to be canceled, postponed or modi- affected by the GPO lose their entire spousal taxpayer by ending bailouts, to protect con- fied; and benefits, even though their spouses paid So- sumers from abusive financial Services prac- Whereas, compliance with environmental cial Security taxes for many years; and tices . . .,’’ and regulations, particularly the ESA, has forced Whereas, the GPO often reduces spousal Whereas, the act’s almost 2,400 pages of military officials to make adjustments to benefits so significantly it makes the dif- federal legislation increases the size of the training regimens, including requiring units ference between self-sufficiency and poverty; Federal Government by creating 13 new reg- in training to avoid areas with ESA restric- and ulatory agencies requiring 2,600 new posi- tions; and Whereas, the GPO has a harsh effect on tions while abolishing only one agency, and Whereas, since 2003, the Department of De- thousands of citizens and undermines the Whereas, the Congressional Budget Office fense has obtained exemptions from three original purpose of the Social Security de- predicts that the cost for companies to im- environmental laws and sought exemptions pendent/survivor benefit; and plement the act over the next 5 years will be from three others; and Whereas, the GPO negatively impacts ap- approximately $2.9 billion, and other groups Whereas, these exemptions allow the mili- proximately 28,825 Louisianians; and estimate that the broader economic costs of tary to maintain its high state of readiness Whereas, the WEP applies to those persons the act could approach $1 trillion, and and help to ensure its ability to meet unex- who have earned federal, state, or local gov- Whereas, the extensive regulations im- pected threats; and ernment retirement or pension benefits, in posed by the Dodd-Frank Wall Street Reform Whereas, these exemptions are under in- addition to working in employment covered and Consumer Protection Act will severely creased scrutiny by environmental groups under Social Security and paying into the damage the ability of American companies and federal officials who would rather pro- Social Security system; and to compete internationally with foreign tect wildlife than allow the military to Whereas, the WEP reduces the earned So- companies or even create American jobs, and maintain its readiness; and cial Security benefit using an averaged in- Whereas, the Dodd-Frank Wall Street Re- Whereas, a GAO report found no instances dexed monthly earnings formula and may re- form and Consumer Protection Act is an in- in which the Department of Defense’s use of duce Social Security benefits for affected adequate response to the financial devasta- exemptions from the ESA or the Migratory persons by as much as one-half of the retire- tion that began in 2008, in part because it has Bird Treaty Act has adversely affected the ment benefit earned as a public servant in given unfair advantages to the Federal Home environment; and employment not covered under Social Secu- Loan Mortgage Corporation (‘‘Freddie Mac’’) Whereas, the United States military has rity; and and the Federal National Mortgage Associa- proven itself to be a responsible and effective Whereas, the WEP causes hardworking in- tion (‘‘Fannie Mae’’), institutions that were steward of the land and environment. dividuals to lose a significant portion of the substantial contributors to the financial cri- Wherefore your memorialist, the Senate of Social Security benefits that they earn sis, and, the State of Arizona, the House of Rep- themselves; and Whereas, the Dodd-Frank Wall Street Re- Whereas, the WEP negatively impacts ap- form and Consumer Protection Act was resentatives concurring, prays: 1. That the United States Congress enact proximately 27,755 Louisianians; and championed as creating the most significant Whereas, because of these calculation financial regulatory reform since the Great legislation exempting United States military bases and training facilities from the regula- characteristics, the GPO and the WEP have Depression, but, in contrast, it has become a a disproportionately negative effect on em- radical expansion of federal regulation, vests tions and restrictions of the Endangered Spe- cies Act. ployees working in lower-wage government unprecedented power in the hands of jobs, like policemen, firefighters, teachers, unelected bureaucrats, increases the likeli- 2. That the Secretary of State of the State of Arizona transmit a copy of this Memorial and state employees; and hood that there will be more taxpayer bail- Whereas, these provisions also have a outs, has not strengthened the economy or to the President of the United States Senate, the Speaker of the United States House of greater adverse effect on women than on brought stability to the troubled housing men because of the gender differences in sal- market, and does nothing to address the Representatives and each Member of Con- gress from the State of Arizona. ary that continue to plague our nation and most elemental causes that created the fi- because of the longer life expectancy of nancial crisis of 2008: Now, therefore, be it women; and Resolved, by the Legislature of the State of Flor- POM–80. A concurrent resolution adopted by the Legislature of the State of Louisiana Whereas, Louisiana is making every effort ida: That the Congress of the United States to improve the quality of life of its citizens is urged to repeal the Dodd-Frank Wall memorializing the United States Congress to review the Government Pension Offset and and to encourage them to live here lifelong, Street Reform and Consumer Protection Act yet the current GPO and WEP provisions of 2010; be it further the Windfall Elimination Provision Social Security benefit reductions and to consider compromise that quality of life; and Resolved, that copies of this memorial be Whereas, retired individuals negatively af- dispatched to the President of the United eliminating or reducing them; to the Com- mittee on Finance. fected by GPO and WEP have significantly States, to the President of the United States less money to support their basic needs and Senate, to the Speaker of the United States HOUSE CONCURRENT RESOLUTION NO. 57 sometimes have to turn to government as- House of Representatives, and to each mem- Whereas, the Congress of the United States sistance programs; and ber of the Florida delegation to the United has enacted both the Government Pension Whereas, the GPO and the WEP penalize States Congress. Offset (GPO), reducing the spousal and sur- individuals who have dedicated their lives to vivor Social Security benefit, and the Wind- public service by taking away benefits they POM–79. A concurrent memorial adopted fall Elimination Provision (WEP), reducing have earned; and by the Legislature of the State of Arizona the earned Social Security benefit for any Whereas, our nation should respect, not pe- memorializing the United States Congress person who also receives a public pension nalize, public servants; and enact legislation exempting United States benefit; and Whereas, the number of people affected by military bases and training facilities from Whereas, the intent of Congress in enact- GPO and WEP is growing every day as more the regulations and restrictions of the En- ing the GPO and the WEP provisions was to and more people reach retirement age; dangered Species Act; to the Committee on address concerns that a public employee who Whereas, the GPO and WEP are established Environment and Public Works. had worked primarily in federal, state, or in federal law, and repeal of the GPO and the SENATE CONCURRENT MEMORIAL NO. 1008 local government employment might receive WEP can only be enacted by the United Whereas, the mission of the United States a public pension in addition to the same So- States Congress: Now, therefore, be it Department of Defense is ‘‘to provide the cial Security benefit as a person who had Resolved, That the Legislature of Louisiana military forces needed to deter war and to worked only in employment covered by So- does hereby memorialize the Congress of the protect the security of our country’’; and cial Security throughout his career; and United States to review the Government

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.049 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2729 Pension Offset and the Windfall Elimination these brave servicemen and servicewomen Section 2. That the Wyoming Legislature Provision Social Security benefit reductions received upon returning home, and calls upon The President to reverse the man- and to consider eliminating or reducing Whereas, as part of a national effort, it is date of the U.S. Department Human Serv- them by enacting the Social Security Fair- also requested that the United States Con- ices. ness Act of 2011 (H.R. 1332), the Public Serv- gress authorize the minting of a 40th anni- Section 3. That the Wyoming Legislature ant Retirement Protection Act of 2011 (S. versary commemorative medal expressing calls upon Congress to act in defense of First 113), or a similar instrument; and be it fur- the nation’s appreciation for the honorable Amendment rights, states’ rights, rights of ther service of Vietnam veterans, and conscience and freedom of religion. Resolved, That a copy of this Resolution Whereas, for this historic opportunity to Section 4. That the Secretary of State of shall be transmitted to the secretary of the be fully realized, the United States Congress Wyoming transmit copies of this resolution United States Senate and the clerk of the should act promptly and decisively: Now, to the President of the United States, to the United States House of Representatives and therefore, be it President of the Senate and the Speaker of to each member of the Louisiana delegation Resolved by the Legislature of the State of the House of Representatives of the United to the United States Congress. Florida: That the Congress of the United States Congress and to the Wyoming Con- States is urged to initiate and support na- gressional Delegation. POM–81. A memorial adopted by the Legis- tionwide efforts to commemorate the 40th lature of the State of Florida memorializing anniversary of the end of the United States’ POM–83. A concurrent resolution adopted Congress to initiate and support nationwide involvement in the Vietnam War and dem- by the Legislature of the State of Arizona efforts to commemorate the 40th anniversary onstrate the nation’s appreciation for the memorializing its support of increasing Bor- of the end of the United States’ involvement honorable service and sacrifice of Vietnam der Patrol personnel; to the Committee on in the Vietnam War and demonstrate the na- veterans; and be it further Homeland Security and Governmental Af- tion’s appreciation for the honorable service Resolved, That, as part of such national ef- fairs. and sacrifice of Vietnam veterans; to the fort, the United States Congress is requested SENATE CONCURRENT RESOLUTION NO. 1014 to authorize the minting of a 40th anniver- Committee on Foreign Relations. Whereas, the United States Customs and sary commemorative medal expressing the SENATE MEMORIAL NO. 1080 Border Protection service (CBP) of the nation’s appreciation for the honorable serv- Whereas, the Vietnam War was a Cold War United States Department of Homeland Se- ice of Vietnam veterans; and be it further military conflict that occurred in Vietnam, curity is vested with a priority mission of Resolved, That copies of this memorial be Laos, and Cambodia from November 1, 1955, enforcing immigration and drug laws and the dispatched to the President of the United until the United States Congress passed the responsibility for securing and facilitating States, to the President of the United States Case-Church amendment in 1973 which pro- trade; and Senate, to the Speaker of the United States hibited the further use of American military Whereas, the CBP includes both Border Pa- House of Representatives, to each member of forces in the conflict, and trol and Customs Field Office personnel; and the Florida delegation to the United States Whereas, 2013 marks the 40th anniversary Whereas, the need to increase CBP per- Congress, and to the legislative governing of the end of the United States’ involvement sonnel in the Tucson sector along the border body of each of the other 49 states of the in the Vietnam War, and between the United States and Mexico is United States. Whereas, there are an estimated 650,000 critical to increasing border security as well Vietnam veterans in the State of Florida, as economic stability in our border commu- POM–82. A joint resolution adopted by the and nities; and Legislature of the State of Wyoming memo- Whereas, because of the intense public op- Whereas, the need to increase the number rializing the United States Congress, the position to the war that existed at the time, of Customs Field Office personnel who work United States Department of Health and members of the United States Armed Serv- at the port of entry in Nogales, Douglas and Human Services, and the President of the ices returned home to an unprecedented lack Yuma, Arizona is a vital component of the United States reverse the mandate that vir- of formal positive recognition of the honor- economic stability in our border commu- tually all private health care plans must able service they had provided on behalf of nities and will increase border security be- cover sterilization, abortifacients and con- their country and the tremendous sacrifices tween the United States and Mexico; and traception; to the Committee on Health, they had made, and Whereas, an integrated approach to secur- Education, Labor, and Pensions. Whereas, the lack of formal ‘‘Welcome ing the border and increasing economic sta- Home’’ parades and other traditional cele- HOUSE JOINT RESOLUTION NO. 5 bility along the border and in our border brations for returning soldiers that were Whereas, on January 20, 2012 the U.S. De- communities is important to residents living common in previous military conflicts in partment of Health and Human Services re- along the border and in our border commu- which the United States was engaged, cou- affirmed a rule that virtually all private nities, and pled with verbal and sometimes physical health care plans must cover sterilization, Whereas, increasing the number of Cus- abuse, resulted in great disillusionment, abortifacients and contraception; and toms Field Office personnel at the port of undeserved indignity, and often great suf- Whereas, there are religious faiths in the entry in Nogales, Douglas and Yuma, Ari- fering and anguish among returning Vietnam United States that view sterilization, zona will allow increased commercial traffic veterans, and abortifacients and contraception as immoral and will result in increased economic growth Whereas, many of these brave men and and view paying for them as against their re- and stability for Arizona; and women are now reaching an advanced age, ligion; and Whereas, all of the benefits of increased and Whereas, the administration is attempting economic stability in Arizona can be realized Whereas, March 30, 2013, will mark the offi- to force those religious faiths and their insti- if the port of entry’s workload capacity is in- cial date of the 40th anniversary of the end tutions, including schools and hospitals to creased and less congestion and delay result; of the United States’ involvement in the violate the commandments of their faith by and Vietnam War, and paying for this mandate; and Whereas, increasing the number of Cus- Whereas, on that date this nation will be Whereas, this mandate violates the First toms Field Office personnel at the port of presented with a unique and historic oppor- Amendment to the Constitution of the entry in Nogales, Douglas and Yuma, Ari- tunity to hold appropriate observances and United States by denying these faiths the zona should be part of the infrastructure im- long-overdue recognition ceremonies that free exercise of their religion; and provements that are occurring at the port of will honor our nation’s aging Vietnam War Whereas, this mandate sets a precedent entry: Therefore be it veterans and that may finally provide these that would allow for an opposite law forbid- Resolved by the Senate of the State of Ari- brave men and women a fitting expression of ding the coverage of these items thus deny- zona, the House of Representatives concurring: gratitude and a measure of healing and offi- ing faiths with opposing views the free exer- A. That, in order to secure the border be- cial closure that has been denied them for cise of their religion; and tween the United States and Mexico, to en- decades and that they so greatly deserve, Whereas, the mandate threatens the reli- hance the security of people and their prop- and gious freedoms of all Americans; and erty in the currently unsecure regions of the Whereas, the importance of the commemo- Whereas, it is an injustice to force Ameri- border and to increase economic growth and ration of the 40th anniversary of the end of cans to choose between violating their con- stability for the residents of Arizona, the the United States’ involvement in the Viet- sciences and forgoing their healthcare; and Legislature: nam War and the opportunity that such an Whereas, longstanding federal laws ex- 1. Supports the increase of Border Patrol historical anniversary presents to attempt pressing the decided opinion of Congress and personnel as called for in the Restore Our to rectify past injustices and ingratitude the American people have protected Con- Border (ROB) Security Plan in the Tucson cannot be stressed strongly enough, and stitutional conscience rights: Now therefore, sector along the border between the United Whereas, it is fitting and appropriate that be it States and Mexico. the United States Congress initiate and sup- Resolved by the Members of the Legislature of 2. Supports the increase of Customs Field port efforts at the national level to mark the State of Wyoming: Office personnel at the ports of entry in this historic anniversary and to attempt to Section 1. That the Wyoming Legislature Nogales, Douglas and Yuma, Arizona. redress the lack of appropriate recognition call on all Americans to defend our freedom B. That the Secretary of State of the State and undeserved ingratitude that so many of of religion by opposing this mandate. of Arizona transmit a copy of this resolution

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.047 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2730 CONGRESSIONAL RECORD — SENATE April 25, 2012 to the President of the United States Senate, the family of Trayvon Martin and calling S. Res. 419. A resolution expressing the the Speaker of the United States House of upon all authorities to see that justice is sense of the Senate that public servants Representatives and each Member of Con- served; to the Committee on the Judiciary. should be commended for their dedication gress from the State of Arizona. f and continued service to the United States during Public Service Recognition week. REPORTS OF COMMITTEES POM–84. A concurrent memorial adopted f by the Legislature of the State of Arizona The following reports of committees urging Congress to adopt a Veterans Remem- were submitted: EXECUTIVE REPORTS OF bered Flag; to the Committee on Rules and COMMITTEES Administration. By Mr. INOUYE, from the Committee on Appropriations: The following executive reports of SENATE CONCURRENT MEMORIAL NO. 1007 Special Report entitled ‘‘Revised Alloca- nominations were submitted: Whereas, there are flags for all branches of tion to Subcommittees of Budget Totals for By Mr. HARKIN for the Committee on the armed services and there is a flag for Fiscal Year 2013.’’ (Rept. No. 112–160). Health, Education, Labor, and Pensions. POWs and MIAs, but there is no flag to honor By Mr. ROCKEFELLER, from the Com- *Adam Gamoran, of Wisconsin, to be a the millions of former military personnel mittee on Commerce, Science, and Transpor- Member of the Board of Directors of the Na- who have served our nation; and tation, with an amendment in the nature of Whereas, a flag is a symbol of recognition a substitute: tional Board for Education Sciences for a for a group or an ideal. Veterans comprise a S. 1119. A bill to reauthorize and improve term expiring November 28, 2015. group and certainly represent an ideal, and the Marine Debris Research, Prevention, and *Judith D. Singer, of Massachusetts, to be surely they deserve their own symbol; and Reduction Act, and for other purposes (Rept. a Member of the Board of Directors of the Whereas, it is estimated that 20,400,000 vet- No. 112–161). National Board for Education Sciences for a erans, affiliated and unaffiliated with vet- By Mr. ROCKEFELLER, from the Com- term expiring November 28, 2014. erans’ organizations, who have served in our mittee on Commerce, Science, and Transpor- *Hirokazu Yoshikawa, of Massachusetts, to nation’s military comprise a significant por- tation, without amendment: be a Member of the Board of Directors of the tion of our country’s population; and S. 1952. A bill to improve hazardous mate- National Board for Education Sciences for a Whereas, a Veterans Remembered Flag rials transportation safety and for other pur- term expiring November 28, 2015. would memorialize and honor all past, poses (Rept. No. 112–162). *David James Chard, of Texas, to be a present and future veterans and provide an By Mr. LIEBERMAN, from the Committee Member of the Board of Directors of the Na- enduring symbol to support tomorrow’s vet- on Homeland Security and Governmental Af- tional Board for Education Sciences for a erans today; and fairs, without amendment: term expiring November 28, 2015. Whereas, displaying and flying this flag H.R. 298. A bill to designate the facility of *Bonnie L. Bassler, of New Jersey, to be a would validate the lives of millions of indi- the United States Postal Service located at Member of the National Science Board, Na- viduals who have served our country in 500 East Whitestone Boulevard in Cedar tional Science Foundation for a term expir- times of war, peace and national crisis; and Park, Texas, as the ‘‘Army Specialist Mat- ing May 10, 2016. Whereas, the Veterans Remembered Flag thew Troy Morris Post Office Building’’. *Deborah S. Delisle, of South Carolina, to would fill the void of a flag to honor all vet- H.R. 1423. A bill to designate the facility of be Assistant Secretary for Elementary and erans who have served in our country’s the United States Postal Service located at Secondary Education, Department of Edu- armed forces; and 115 4th Avenue Southwest in Ardmore, Okla- cation. Whereas, the symbolism of this unique homa, as the ‘‘Specialist Micheal E. Phillips By Mr. LIEBERMAN for the Committee on flag’s design would be all-inclusive and Post Office’’. Homeland Security and Governmental Af- H.R. 2079. A bill to designate the facility of would pay respect to the history of our na- fairs. the United States Postal Service located at tion and to all branches of the military, and *Roy Wallace McLeese III, of the District 10 Main Street in East Rockaway, New York, would honor those who have served or died in of Columbia, to be an Associate Judge of the as the ‘‘John J. Cook Post Office’’. the service of our nation; and District of Columbia Court of Appeals for the H.R. 2213. A bill to designate the facility of Whereas, the design of the Veterans Re- term of fifteen years. the United States Postal Service located at membered Flag does all of the following: *Tony Hammond, of Missouri, to be a Com- 801 West Eastport Street in Iuka, Mis- 1. Depicts the founding of our nation missioner of the Postal Regulatory Commis- sissippi, as the ‘‘Sergeant Jason W. Vaughn through the 13 stars that emanate from the sion for the remainder of the term expiring Post Office’’. October 14, 2012. hoist of the flag and march to the large red H.R. 2244. A bill to designate the facility of star that represents our nation and the five *Mark A. Robbins, of California, to be a the United States Postal Service located at Member of the Merit Systems Protection branches of our country’s military that de- 67 Castle Street in Geneva, New York, as the fend her: the Army, Navy, Air Force, Ma- Board for the term of seven years expiring ‘‘Corporal Steven Blaine Riccione Post Of- March 1, 2018. rines and Coast Guard. fice’’. 2. The white star indicates a veteran’s H.R. 2660. A bill to designate the facility of *Nomination was reported with rec- dedication to service. the United States Postal Service located at ommendation that it be confirmed sub- 3. The blue star honors all men and women 122 North Holderrieth Boulevard in Tomball, ject to the nominee’s commitment to who have ever served in our country’s mili- Texas, as the ‘‘Tomball Veterans Post Of- respond to requests to appear and tes- tary. fice’’. 4. The gold star memorializes those who tify before any duly constituted com- H.R. 2767. A bill to designate the facility of mittee of the Senate. have fallen while defending our nation. the United States Postal Service located at 8 5. The blue stripe that bears the title of the West Silver Street in Westfield, Massachu- f flag honors the loyalty of veterans to our na- setts, as the ‘‘William T. Trant Post Office INTRODUCTION OF BILLS AND tion, flag and government. Building’’. 6. The green field represents the hallowed H.R. 3004. A bill to designate the facility of JOINT RESOLUTIONS ground where all rest eternally. the United States Postal Service located at The following bills and joint resolu- Wherefore your memorialist, the Senate of the 260 California Drive in Yountville, Cali- tions were introduced, read the first State of Arizona, the House of Representatives fornia, as the ‘‘Private First Class Alejandro and second times by unanimous con- concurring, prays: R. Ruiz Post Office Building’’. 1. That the United States Congress adopt a H.R. 3246. A bill to designate the facility of sent, and referred as indicated: Veterans Remembered Flag as described in the United States Postal Service located at By Mr. PRYOR (for himself and Mr. this Memorial. 15455 Manchester Road in Ballwin, Missouri, BLUNT): 2. That the Secretary of State of the State as the ‘‘Specialist Peter J. Navarro Post Of- S. 2346. A bill to amend the Farm Security of Arizona transmit copies of this Memorial fice Building’’. and Rural Investment Act of 2002 to modify to the President of the United States Senate, H.R. 3247. A bill to designate the facility of the definition of the term ‘‘biobased prod- the Speaker of the United States House of the United States Postal Service located at uct’’; to the Committee on Agriculture, Nu- Representatives and each Member of Con- 1100 Town and Country Commons in Chester- trition, and Forestry. gress from the State of Arizona. field, Missouri, as the ‘‘Lance Corporal Mat- By Mr. CARDIN (for himself and Mr. thew P. Pathenos Post Office Building’’. VITTER): POM–85. A resolution adopted by the Cali- H.R. 3248. A bill to designate the facility of S. 2347. A bill to amend title XVIII of the fornia State Lands Commission memori- the United States Postal Service located at Social Security Act to ensure the continued alizing its opposition to enactment of any 112 South 5th Street in Saint Charles, Mis- access of Medicare beneficiaries to diag- bill that reverses President Obama’s Offshore souri, as the ‘‘Lance Corporal Drew W. Wea- nostic imaging services; to the Committee Moratorium Act; to the Committee on En- ver Post Office Building’’. on Finance. ergy and Natural Resources. By Mr. LIEBERMAN, from the Committee By Mr. LEVIN: POM–86. A resolution adopted by the Lau- on Homeland Security and Governmental Af- S. 2348. A bill to suspend temporarily the derdale Lakes City Commission, Lauderdale fairs, without amendment and with a pre- duty on cyclopentylpropionyl chloride; to Lakes, Florida memorializing condolences to amble: the Committee on Finance.

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By Mr. LEVIN: S. 2367. A bill to strike the word ‘‘lunatic’’ S. 219 S. 2349. A bill to suspend temporarily the from Federal law, and for other purposes; to At the request of Mr. TESTER, the duty on cyanamide; to the Committee on Fi- the Committee on Banking, Housing, and name of the Senator from New Mexico nance. Urban Affairs. (Mr. UDALL) was added as a cosponsor By Mr. LEVIN: By Mr. JOHNSON of Wisconsin (for of S. 219, a bill to require Senate can- S. 2350. A bill to suspend temporarily the himself, Mrs. HUTCHISON, Mr. KYL, duty on diethylaminoethyl-dextran; to the Mr. SHELBY, Mr. THUNE, Mr. DEMINT, didates to file designations, state- Committee on Finance. Mr. PAUL, Ms. AYOTTE, Mr. RISCH, ments, and reports in electronic form. By Mr. LEVIN: Mr. JOHANNS, Mr. COATS, Mr. CHAM- S. 705 S. 2351. A bill to suspend temporarily the BLISS, Mr. RUBIO, Mr. BOOZMAN, Mr. duty on 3-Phthalimidopropionaldehyde; to At the request of Mr. CARPER, the BARRASSO, Mr. VITTER, Mr. MCCON- name of the Senator from Nevada (Mr. the Committee on Finance. NELL, Mr. BLUNT, Mr. SESSIONS, Mr. HELLER) was added as a cosponsor of S. By Mr. LEVIN: ROBERTS, Mr. INHOFE, Mr. GRAHAM, S. 2352. A bill to suspend temporarily the Mr. TOOMEY, Mr. BURR, Mr. HELLER, 705, a bill to amend the Internal Rev- duty on cinnamic acid; to the Committee on Mr. MORAN, Mr. ISAKSON, Mr. COR- enue Code of 1986 to provide for colle- Finance. NYN, Mr. LEE, Ms. COLLINS, Mr. COCH- giate housing and infrastructure By Mr. LEVIN: RAN, Mr. HOEVEN, Mr. MCCAIN, Mr. S. 2353. A bill to suspend temporarily the grants. COBURN, and Mr. WICKER): duty on benzylimidazole phenyl ethanol; to S. 829 S. 2368. A bill to ensure economy and effi- the Committee on Finance. At the request of Mr. CARDIN, the ciency of Federal Government operations by By Mr. LEVIN: name of the Senator from Nevada (Mr. S. 2354. A bill to extend and modify the establishing a moratorium on midnight rules during a President’s final days in office, and HELLER) was added as a cosponsor of S. temporary reduction of duty on Oxadiazon; 829, a bill to amend title XVIII of the to the Committee on Finance. for other purposes; to the Committee on By Mr. LEVIN: Homeland Security and Governmental Af- Social Security Act to repeal the Medi- S. 2355. A bill to extend and modify the fairs. care outpatient rehabilitation therapy temporary reduction of duty on (3-acetoxy-3- By Mr. LAUTENBERG (for himself and caps. Mr. BROWN of Ohio): cyanopropyl)methylphosphinic acid, butyl S. 1244 ester; to the Committee on Finance. S. 2369. A bill to establish the American In- At the request of Mr. INOUYE, the By Mr. LEVIN: novation Bank, to improve science and tech- S. 2356. A bill to reduce temporarily the nology job training, to authorize grants for name of the Senator from Oregon (Mr. duty of Glufosinate-ammonium; to the Com- curriculum development, and for other pur- WYDEN) was added as a cosponsor of S. mittee on Finance. poses; to the Committee on Commerce, 1244, a bill to provide for preferential By Mr. LEVIN: Science, and Transportation. duty treatment to certain apparel arti- S. 2357. A bill to amend the Harmonized f cles of the Philippines. Tariff Schedule of the United States to clar- S. 1299 ify the tariff rates for carpet cleaners and SUBMISSION OF CONCURRENT AND parts thereof imported into the United SENATE RESOLUTIONS At the request of Mr. MORAN, the States; to the Committee on Finance. The following concurrent resolutions name of the Senator from Arkansas By Mr. LEVIN: (Mr. PRYOR) was added as a cosponsor S. 2358. A bill to reduce temporarily the and Senate resolutions were read, and referred (or acted upon), as indicated: of S. 1299, a bill to require the Sec- duty on certain pasta tools; to the Com- retary of the Treasury to mint coins in mittee on Finance. By Mr. CASEY (for himself and Mr. commemoration of the centennial of By Mr. LEVIN: RUBIO): S. 2359. A bill to reduce temporarily the S. Res. 435. A resolution calling for demo- the establishment of Lions Clubs Inter- duty on certain food processors; to the Com- cratic change in Syria, and for other pur- national. mittee on Finance. poses; to the Committee on Foreign Rela- S. 1454 By Mr. LEVIN: tions. At the request of Mr. DURBIN, the S. 2360. A bill to suspend temporarily the By Mr. BEGICH: name of the Senator from Oregon (Mr. duty on certain food choppers; to the Com- S. Res. 436. A resolution designating the WYDEN) was added as a cosponsor of S. mittee on Finance. week of April 22 through 28, 2012, as the By Mr. LEVIN: ‘‘Week of the Young Child’’; to the Com- 1454, a bill to amend title XVIII of the S. 2361. A bill to reduce temporarily the mittee on the Judiciary. Social Security Act to provide for ex- duty on certain coffee makers; to the Com- By Mr. KERRY (for himself and Mr. tended months of Medicare coverage of mittee on Finance. BROWN of Massachusetts): immunosuppressive drugs for kidney By Mr. LEVIN: S. Res. 437. A resolution congratulating the transplant patients and other renal di- S. 2362. A bill to suspend temporarily the Boston College men’s ice hockey team on alysis provisions. duty on certain toasters; to the Committee winning its fifth National Collegiate Ath- S. 1591 on Finance. letic Association Division I Men’s Hockey By Mr. LEVIN: Championship; considered and agreed to. At the request of Mrs. GILLIBRAND, S. 2363. A bill to suspend temporarily the By Mr. LAUTENBERG (for himself, the name of the Senator from Oregon duty on certain handheld food blenders; to Mr. ROCKEFELLER, Mr. THUNE, and (Mr. WYDEN) was added as a cosponsor the Committee on Finance. Mr. WICKER): of S. 1591, a bill to award a Congres- By Ms. SNOWE (for herself, Ms. LAN- S. Res. 438. A resolution to support the sional Gold Medal to Raoul DRIEU, and Mrs. SHAHEEN): goals and ideals of National Safe Digging S. 2364. A bill to extend the availability of Wallenberg, in recognition of his Month; considered and agreed to. low-interest refinancing under the local de- achievements and heroic actions dur- By Mr. BLUMENTHAL (for himself, velopment business loan program of the Mr. KIRK, Mr. WHITEHOUSE, Mr. COR- ing the Holocaust. Small Business Administration; to the Com- NYN, Mr. LIEBERMAN, Mr. RUBIO, and S. 1935 mittee on Small Business and Entrepreneur- Mrs. GILLIBRAND): ship. At the request of Mrs. HAGAN, the S. Res. 439. A resolution expressing the By Mr. HATCH (for himself, Mr. BAR- name of the Senator from Missouri sense of the Senate that Village Voice Media RASSO, Mr. MORAN, Mr. CRAPO, and (Mr. BLUNT) was added as a cosponsor Holdings, LLC should eliminate the ‘‘adult Mr. RISCH): of S. 1935, a bill to require the Sec- entertainment’’ section of the classified ad- S. 2365. A bill to promote the economic and retary of the Treasury to mint coins in energy security of the United States, and for vertising website Backpage.com; to the Com- mittee on the Judiciary. recognition and celebration of the 75th other purposes; to the Committee on Energy anniversary of the establishment of the and Natural Resources. f March of Dimes Foundation. By Mr. ALEXANDER (for himself, Mr. ADDITIONAL COSPONSORS MCCONNELL, Mr. ENZI, Mr. KYL, Mr. S. 2103 CORNYN, Mr. WICKER, Mr. INHOFE, Mr. S. 57 At the request of Mr. LEE, the names BARRASSO, Mrs. HUTCHISON, Mr. At the request of Mr. INOUYE, the of the Senator from Wisconsin (Mr. BLUNT, Mr. HOEVEN, Mr. JOHANNS, name of the Senator from Oregon (Mr. JOHNSON), the Senator from Texas (Mr. Mr. COATS, and Mr. ISAKSON): MERKLEY) was added as a cosponsor of CORNYN), the Senator from Utah (Mr. S. 2366. A bill to extend student loan inter- est rates for undergraduate Federal Direct S. 57, a bill to amend the Internal Rev- HATCH), the Senator from Kentucky Stafford Loans; placed on the calendar. enue Code of 1986 to modify the appli- (Mr. MCCONNELL), the Senator from In- By Mr. CONRAD (for himself and Mr. cation of the tonnage tax on certain diana (Mr. COATS) and the Senator CRAPO): vessels. from North Carolina (Mr. BURR) were

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.059 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2732 CONGRESSIONAL RECORD — SENATE April 25, 2012 added as cosponsors of S. 2103, a bill to istrator of the Federal Emergency (Mr. COONS) was added as a cosponsor amend title 18, United States Code, to Management Agency to modernize the of S. Res. 430, a resolution recognizing protect pain-capable unborn children in integrated public alert and warning the 75th anniversary of the founding of the District of Columbia, and for other system of the United States, and for Ducks Unlimited, Incorporated, the purposes. other purposes. achievements of the organization in S. 2159 S. 2320 habitat conservation, and the support At the request of Mr. LEAHY, the At the request of Ms. AYOTTE, the of the organization for the names of the Senator from Oregon (Mr. name of the Senator from Massachu- waterfowling heritage of the United WYDEN) and the Senator from Iowa setts (Mr. BROWN) was added as a co- States. (Mr. HARKIN) were added as cosponsors sponsor of S. 2320, a bill to direct the AMENDMENT NO. 2032 of S. 2159, a bill to extend the author- American Battle Monuments Commis- At the request of Mr. TESTER, the ization of the Drug-Free Communities sion to provide for the ongoing mainte- name of the Senator from Kentucky Support Program through fiscal year nance of Clark Veterans Cemetery in (Mr. PAUL) was added as a cosponsor of 2017. the Republic of the Philippines, and for amendment No. 2032 proposed to S. S. 2207 other purposes. 1789, a bill to improve, sustain, and At the request of Mr. BEGICH, the At the request of Mr. SCHUMER, the transform the United States Postal name of the Senator from Delaware name of the Senator from Florida (Mr. Service. (Mr. COONS) was added as a cosponsor NELSON) was added as a cosponsor of S. AMENDMENT NO. 2073 of S. 2320, supra. 2207, a bill to require the Office of the At the request of Mr. CARDIN, his Ombudsman of the Transportation Se- S. 2325 name was added as a cosponsor of curity Administration to appoint pas- At the request of Mr. NELSON of Flor- amendment No. 2073 proposed to S. senger advocates at Category X air- ida, the name of the Senator from 1789, a bill to improve, sustain, and ports to assist elderly and disabled pas- Pennsylvania (Mr. CASEY) was added as transform the United States Postal sengers who believe they have been a cosponsor of S. 2325, a bill to author- Service. ize further assistance to Israel for the mistreated by TSA personnel and for f other purposes. Iron Dome anti-missile defense system. S. 2338 S. 2219 STATEMENTS ON INTRODUCED At the request of Mrs. HUTCHISON, the BILLS AND JOINT RESOLUTIONS At the request of Mr. WHITEHOUSE, names of the Senator from Kansas (Mr. the names of the Senator from Wis- By Ms. SNOWE (for herself, Ms. MORAN), the Senator from Arizona (Mr. consin (Mr. KOHL) and the Senator LANDRIEU, and Mrs. SHAHEEN): KYL) and the Senator from Tennessee from Hawaii (Mr. INOUYE) were added S. 2364. A bill to extend the avail- (Mr. CORKER) were added as cosponsors as cosponsors of S. 2219, a bill to amend ability of low-interest refinancing of S. 2338, a bill to reauthorize the Vio- the Federal Election Campaign Act of under the local development business lence Against Women Act of 1994. 1971 to provide for additional disclosure loan program of the Small Business S. 2342 requirements for corporations, labor Administration; to the Committee on At the request of Mr. TESTER, the organizations, Super PACs and other Small Business and Entrepreneurship. name of the Senator from Florida (Mr. entities, and for other purposes. Ms. SNOWE. Mr. President, I rise NELSON) was added as a cosponsor of S. today to urge my colleagues to support S. 2237 2342, a bill to reform the National Asso- At the request of Mr. REID, the a one-year extension of the Small Busi- ciation of Registered Agents and Bro- ness Administration, SBA, 504 loan re- names of the Senator from Illinois (Mr. kers, and for other purposes. DURBIN), the Senator from Pennsyl- financing program that was originally S. 2343 vania (Mr. CASEY) and the Senator authorized in the Small Business Jobs At the request of Mr. REID, the Act of 2010. This bill would allow small from Louisiana (Ms. LANDRIEU) were names of the Senator from Rhode Is- added as cosponsors of S. 2237, a bill to business owners to use 504 loans to refi- land (Mr. REED), the Senator from Iowa provide a temporary income tax credit nance up to 90 percent of existing com- (Mr. HARKIN), the Senator from Ohio for increased payroll and extend bonus mercial mortgages. (Mr. BROWN), the Senator from Illinois depreciation for an additional year, The 504 loan program provides ap- (Mr. DURBIN), the Senator from Michi- and for other purposes. proved small businesses with long- gan (Ms. STABENOW) and the Senator term, fixed-rate financing used to ac- S. 2280 from Vermont (Mr. LEAHY) were added quire fixed assets for expansion or mod- At the request of Mr. DURBIN, the as cosponsors of S. 2343, a bill to amend ernization. According to the SBA, as of name of the Senator from West Vir- the Higher Education Act of 1965 to ex- February 15, 2012, the $50 billion in 504 ginia (Mr. ROCKEFELLER) was added as tend the reduced interest rate for Fed- loans has created over 2 million jobs. a cosponsor of S. 2280, a bill to amend eral Direct Stafford Loans, and for The refinancing option in the Small the Truth in Lending Act and the High- other purposes. Business Jobs Act authorized $7.5 bil- er Education Act of 1965 to require cer- S. RES. 380 lion in refinancing until September 27, tain creditors to obtain certifications At the request of Mr. GRAHAM, the 2012. Unfortunately, because of a delay from institutions of higher education, name of the Senator from Wisconsin in promulgating regulations to enable and for other purposes. (Mr. JOHNSON) was added as a cosponsor refinancing, the program did not be- S. 2288 of S. Res. 380, a resolution to express come operational until a few months At the request of Ms. LANDRIEU, the the sense of the Senate regarding the ago, significantly shortening the period names of the Senator from Maine (Ms. importance of preventing the Govern- of time that business could refinance COLLINS), the Senator from Missouri ment of Iran from acquiring nuclear existing 504 loans. The 504 loan pro- (Mr. BLUNT), the Senator from Arkan- weapons capability. gram also comes at no cost to tax- sas (Mr. BOOZMAN) and the Senator S. RES. 419 payers, has created jobs and will pro- from Georgia (Mr. CHAMBLISS) were At the request of Mr. AKAKA, the vide much needed relief to businesses added as cosponsors of S. 2288, a bill to name of the Senator from Massachu- for one additional year. amend title XXVII of the Public Health setts (Mr. BROWN) was added as a co- America’s small business owners face Service Act to preserve consumer and sponsor of S. Res. 419, a resolution ex- a daunting business life cycle that is employer access to licensed inde- pressing the sense of the Senate that volatile at best: according to the SBA, pendent insurance producers. public servants should be commended while seven out of 10 new employer S. 2319 for their dedication and continued firms survive for at least 2 years, only At the request of Ms. COLLINS, the service to the United States during 1⁄3 of these firms exist after 10 years. name of the Senator from Illinois (Mr. Public Service Recognition week. These failure rates are quite constant DURBIN) was added as a cosponsor of S. S. RES. 430 for different industries. Yet one factor 2319, a bill to amend the Homeland Se- At the request of Mr. WICKER, the that is a bell-weather for success is ac- curity Act of 2002 to direct the Admin- name of the Senator from Delaware cess to capital. The SBA identifies the

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.061 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2733 major factors in a firm’s survivability BLUNT, Mr. HOEVEN, Mr. rate go up. I will say that again. If you as including: an ample supply of cap- JOHANNS, Mr. COATS, and Mr. have a loan and you are going to the ital, being large enough to have em- ISAKSON): University of North Carolina and are ployees, the owner’s education level, S. 2366. A bill to extend student loan paying 3.4 percent today, your rate will and the owner’s reason for starting the interest rates for undergraduate Fed- not go up on July 1. The law only af- firm. eral Direct Stafford Loans; placed on fects new loans, and it doesn’t affect 60 Clearly, the drive of an entrepreneur the calendar. percent of loans. For 60 percent of is a major factor in start-ups where Mr. ALEXANDER. Mr. President, I those getting new loans after July 1, statistics from the 2008 ‘‘Report to the would like to talk a little bit more spe- they will continue to pay the 6.8 per- President on the Small Business Econ- cifically this morning about the issue cent set by Congress a long time ago. omy’’ delivered by SBA’s Office of Ad- of interest rates on student loans. I am glad the President is bringing vocacy, show that in 2005, more than 12 President Obama is busy this week this issue up, because the real driver of million individuals were involved in traveling to campuses across America higher tuition and higher interest rates starting 7 million ventures. After six to talk about student loans. It is a is the President’s own policies—in two years, only one third of entrepreneurs noble goal to talk about making it ways: The government and congres- have a working business despite the easier for students to afford college. It sional Democrats who passed the fact that they put in 9.9 billion hours of is a goal we all share. health care law are actually over- uncompensated time in 2005 launching But I am afraid the President is not charging students—all students—on their businesses. These uncompensated telling the whole story. Because if he student loans and using some of the hours represented 2.7 percent of total were to tell the whole story, what he money to pay for the health care law. paid work in the United States that would have to tell the students is that These aren’t just my figures. The CBO year and almost one half of the hours the principal reason for the rise in tui- said when the new health care law for all American self-employed work- tion at public colleges and universities passed, Congress took $61 billion of so- ers. That is an incredible effort of time and community colleges across Amer- called savings—I call them profits on and talent and a show of great risk ica and the principal reason for the in- student loans—and it spent $10 billion taking. crease in student loans is President to reduce the debt, $8.7 billion on the A number of small businesses utilize Obama himself and his own health care health care law, and the rest on Pell 504 loans as long-term, fixed-rate fi- policies. grants. nancing used to acquire fixed assets for To be fair, he did not start many of How does that work? How could Con- expansion or modernization. These 504 these policies. They have been going on gress be overcharging students? Well, loans are made available through Cer- for a good while. But he has made them under the health care law, the govern- tified Development Companies, CDCs, worse over the last several years. When ment borrows money at 2.8 percent. SBA’s community based partners for the new health care law goes into ef- The government then loans to students providing 504 loans. The 504 loan pro- fect in 2014, with its new mandates on at 6.8 percent. That produces a profit. gram offers small businesses both im- States, we will find an exaggeration of The Congressional Budget Office has mediate and long-term benefits, so what has already been happening, said that the Congress could have low- business owners can focus on growing which is that Federal health care man- ered the interest rate from 6.8 to 5.3 their business. These benefits include dates on States are soaking up the percent and save all students $2,200 90 percent financing, longer loan amor- money States otherwise would spend over the life of their average 10-year tizations, no balloon payments, fixed- on the University of Oklahoma, and loan. I am introducing legislation rate interest rates, and savings that re- Tennessee, and the State University of today on my behalf and on behalf of sult in improved cash flow for small New York. others called the Student Interest Rate businesses. When States do not support their Reduction Act. This law proposes to Generally, a business must create or public colleges and universities, which keep the interest rate at 3.4 percent for retain one job for every $65,000 guaran- is where approximately three-quarters subsidized Stafford loans beginning teed by the SBA under this program. of our college students attend, then July 1 of this year, just as the Presi- Small manufacturers must create or their only choice is either to become dent and Governor Romney proposed. retain a ratio of one job for every more efficient, to decrease their qual- We will pay for that by taking back the $100,000 guaranteed. In addition, the 504 ity or to raise tuition. Most of them money that the Congress overcharged program serves to revitalize a business are trying to do all three. students on their student loans under district, expand exports, promote small So Federal health care policies are the health care law. businesses owned and controlled by the main reason tuition is up, and the This 1-year solution, as I said, will women, minorities and veterans, espe- reason tuition is up is the main reason save students about $7 a month on in- cially service-disabled veterans, aid debt is up. Specifically, what we are terest payments on their new loans, or rural development, and increase pro- talking about, and what the President about $83 a year. It will cost the tax- ductivity and competitiveness. has been talking about, is a 3.4-percent payers about $6 billion, which will be As I mentioned at the outset of my interest rate for some student loans. paid for by reductions in savings from remarks, the 504 program is a job cre- Here are some facts about that. The the new health care law. ator that does not receive any appro- President has proposed that for 1 year, Let’s talk a moment about the real priated funds. The 1-year extension of for new Stafford subsidized loans, rates cost of tuition and student debt going the refinancing for the 504 loan pro- would remain at 3.4 percent. Governor up—that is, Federal health care poli- gram will allow businesses to retain Romney agrees with him. I agree with cies. When I was Governor of Tennessee employees and it also comes at zero him. So there is substantial support in the 1980s, the same thing would hap- cost to taxpayers. These are solid from both the President and his prob- pen every year as I made up my State measures that will help small busi- able Republican opponent in the Presi- budget, and it is happening today in nesses at a time when many small en- dential race for this next year. New every State capital in America. I would terprises are struggling to keep their loans, after July 1, which are now at 3.4 work through all the things we had to employees and run basic operations. I percent, would stay at 3.4 percent. The fund with State tax dollars—the roads, ask my colleagues to support this leg- benefit to students who get the advan- the schools, the prisons, and the var- islation as swiftly as possible, as our tage of that lower rate—most other ious State agencies. Then I would get Nation’s capital-starved small busi- loans are at 6.8 percent by law—is down to the end of the budgeting proc- nesses deserve no less. about $7 a month, according to the ess and have some money left. The Congressional Research Service. choice would always be between Med- By Mr. ALEXANDER (for him- All this talk is about offering stu- icaid and higher education—our public self, Mr. MCCONNELL, Mr. ENZI, dents the benefit of about $7 a month colleges and universities. I spent my Mr. KYL, Mr. CORNYN, Mr. for new loans. It is important to notice whole 8 years as Governor trying to WICKER, Mr. INHOFE, Mr. BAR- that no student who has a 3.4-percent keep the amount we gave to Medicaid RASSO, Mrs. HUTCHISON Mr. loan today will see his or her interest down so that I could increase the

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.036 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2734 CONGRESSIONAL RECORD — SENATE April 25, 2012 amount for colleges and universities, true that in the United States we not Mr. CONRAD. Mr. President, today I because I thought that was the future only have some of the best colleges and am pleased to be joined by Senator of our State. universities in the world, we have al- CRAPO in introducing the 21st Century In fact, we had a formula then that most all of them. Many of them are Language Act of 2012. This bipartisan said if you went to a public college or public colleges and universities. They legislation updates federal law by university, the taxpayer would pay for are at risk today. Why? Because of eliminating references that contribute 70 percent of it and the student would Federal health care policies that are to the stigmatization of mental health pay for 30 percent. If we raised your hamstringing States and soaking up conditions. Specifically, this legisla- tuition, we would raise the State’s the money that States should be using tion removes the word ‘‘lunatic’’ from share. We kept that 70/30. That is now to fund the universities of this country several sections of the United States turned completely around in Ten- and the community colleges of this Code to reflect our nation’s modern un- nessee, where it is closer to 30/70 now; country. derstanding of mental health condi- the student pays 30 percent and the Mr. President, again, I am intro- tions. taxpayers pay nearly 70 percent. This ducing today the Student Loan Inter- Recently, a North Dakota con- shift is because Medicaid mandates est Rate Reduction Act. It addresses stituent contacted my office to express from Washington on every State have exactly the subject President Obama is support for legislative efforts to re- forced Governors and legislatures to talking about on the campaign trail move this outdated and inappropriate take the money they would otherwise these days. How do we keep the inter- language from federal law. Senator spend for public colleges and univer- est rate on subsidized Stafford loans, CRAPO and I agree that federal law should reflect the 21st century under- sities and spend it instead for Med- the new loans that began July 1—how standing of mental illness and disease, icaid. As a result, State colleges and do we keep that at 3.4 percent for 1 and that the continued use of this pejo- universities have less money, and to year? Governor Romney supports that. rative term has no place in the U.S. get more money, they must raise tui- President Obama supports that. I sup- Code. tion. port that. The only difference is how Senator CRAPO and I have worked When tuition goes up at the Univer- we pay for it. It will cost $6 billion. with the Senate Banking Committee to sity of California, and you see students Our friends on the Democratic side confirm that ‘‘lunatic’’ is an unneces- protesting, the reason is because of have come up with their usual methods sary term and that its removal will Washington. As I said, President of paying for it: They are going to raise have no impact on the broader federal Obama didn’t invent this problem—this taxes on small business and people who law. This legislation enjoys strong sup- is a 30-year old problem—but he has create jobs. port from a number of mental health made it worse. He made it worse with We have a little better idea on this advocates across the nation, including laws that say when States have less side, which is, let’s take the $8.7 billion the National Alliance on Mental Ill- money, they have to spend more on back that the Federal Government ness, Mental Health America, National Medicaid. If they are told from Wash- overcharges students on student loans Council on Community Behavioral ington to spend more on Medicaid, even today to help pay for the health care Healthcare, and the Clinical Social though they have less revenues, they law and give it back to the students, Work Association. I hope my col- are going to spend less on something and let’s extend this for 1 year. That leagues will join me in working to pass else. So they spend less on the Univer- will leave nearly $3 billion extra, which this overdue update to the U.S. Code. sity of California, or the State Univer- we can use to shore up the Pell grant f sity of New York, or the University of funding gap that is expected over the Tennessee. next couple of years. SUBMITTED RESOLUTIONS Last year in Tennessee, State fund- Respectfully, I say to President ing for Medicaid went up 16 percent in Obama, when you visit the next college SENATE RESOLUTION 435—CALL- actual dollars; as a result, State fund- campus, tell the whole story. It is hard ING FOR DEMOCRATIC CHANGE ing for community colleges and the to attend and pay for college. There are IN SYRIA, AND FOR OTHER PUR- University of Tennessee went down 15 many good options. Debt is up. But in POSES percent in real cuts. That was not a cut fairness, the principal reason tuition is in growth. That was a real cut. What rising, and therefore debt is rising, is Mr. CASEY (for himself and Mr. did the state colleges and universities because of President Obama’s own RUBIO) submitted the following resolu- do? They raised tuition 8 percent. What health care policy. He didn’t start it, tion; which was referred to the Com- did students do? They borrowed more but he made it worse. What he has done mittee on Foreign Relations: money. is put into place a set of policies that S. RES. 435 I have been trying to get this point are soaking up the money States would Whereas the Republic of Syria is a party to across ever since I became a Senator. I use to fund public colleges and univer- the International Covenant on Civil and Po- said during the health care debate that sities and community colleges across litical Rights (ICCPR), adopted at New York December 16, 1966, and the United Nations everybody who voted for it ought to be this country, forcing them to use that sentenced to serve as Governor for 8 Convention Against Torture and other Cruel, money for Medicaid. As a result, the Inhuman or Degrading Treatment or Punish- years in his or her State so they would universities and community colleges ment, done at New York December 10, 1984, understand this problem. have less money, they raise tuition, and voted in favor of the Universal Declara- We cannot continue to order the and that is the principal reason why we tion of Human Rights, adopted at Paris De- States to spend more for Medicaid and have higher tuition and higher interest cember 10, 1948; expect our great colleges and univer- rates. Whereas, since March 2011, the Govern- sities to be affordable and continue to The way to stop that would be to ei- ment of Syria has engaged in a sustained be the best in the world. That is the ther repeal the health care law or re- campaign of violence and gross human rights real reason why tuition is going up and violations against civilians in Syria, includ- peal the Medicaid mandates. That ing the use of weapons of war, torture, loans are going up. would improve the quality of American extrajudicial killings, arbitrary executions, Here are the facts. There are still public higher education, and it would sexual violence, and interference with access good options for students. I mentioned improve access to higher education. It to medical treatment; earlier that the average cost of tuition would slow down the rising of tuition Whereas the United Nations estimated at a 4-year public university in Amer- and slow down the rising of student that, as of April 16, 2012, at least 10,000 people ica is about $8,200. For a community debt. had been killed in Syria since the violence college, it is around $3,000. There are began in March 2011; many scholarships to help them go By Mr. CONRAD (for himself and Whereas, on August, 18, 2011, President Barack Obama called upon President Bashar there. It is true that loans are going up Mr. CRAPO): al Assad to step aside; to very high levels. It is true that there S. 2367. A bill to strike the word ‘‘lu- Whereas, in November 2011 and February are some abuses here and there—within natic’’ from Federal law, and for other 2012, the United Nations Commission of In- the for-profit and other parts of the purposes; to the Committee on Bank- quiry released reports documenting gross higher education system. But it is also ing, Housing, and Urban Affairs. human rights violations committed in Syria;

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.038 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2735 Whereas the League of Arab States de- port for the population of Syria affected by parents to work, go to school, and support ployed a team of international monitors to the conflict; their families; Syria on December 26, 2011; (5) urges the continued provision of ade- Whereas the individuals who work with Whereas, on January 28, 2012, the League of quate humanitarian assistance to displaced young children deserve the respect of the Arab States suspended its monitoring mis- Syrians currently located in Turkey, Jordan, people of the United States, professional sup- sion in Syria in response to an escalation in Lebanon, and Iraq; port, and fair compensation to reflect the violence; (6) calls on the President to engage with important value of their work; Whereas, on March 16, 2012, United Nations the League of Arab States, the European Whereas economist and Nobel Laureate and League of Arab States Special Envoy Union, and the Government of the Republic James Heckman has stated that investment Kofi Annan presented a six-point peace plan of Turkey to explore options to protect civil- in childhood education reaps economic re- for Syria that called on the Government of ians in Syria; turns due to outcomes such as lower special Syria to, among other things: commit to (7) demands that the Government of Syria education placements, lower juvenile delin- stop the fighting and urgently achieve a allow additional United Nations personnel quency rates, and greater school graduation United Nations-supervised cessation of vio- into the country, with complete freedom of rates; and lence; work with the Envoy in an inclusive movement, and take necessary measures to Whereas the National Association for the Syrian-led political process; cease military ensure their safety in Syria so that they Education of Young Children established the activity in and around civilian population may observe the ceasefire and the adherence ‘‘Week of the Young Child’’ to bring atten- centers; ensure timely provision of humani- by the Government of Syria to the United tion to the developmental and learning needs tarian assistance; release arbitrarily de- Nation six-point peace plan; of young children: Now, therefore, be it tained persons; ensure freedom of movement (8) urges the Syrian opposition to renew its Resolved, That the Senate— for journalists; and respect the freedom of commitment to a democratic and inclusive (1) designates the week of April 22 through association and the right to demonstrate society in the post-Assad era based on the 28, 2012, as the ‘‘Week of the Young Child’’; peacefully; rule of law, commitment to universal human (2) encourages the people of the United Whereas, on March 21, 2012, the United Na- rights for all of its people, and protections States to celebrate— tions Security Council unanimously adopted for religious and ethnic minorities; (A) young children and families; and a Presidential Statement giving full support (9) calls upon the League of Arab States, (B) the individuals who provide high-qual- to the efforts of Joint Special Envoy Annan the United Nations, the Friends of the Syr- ity care and early childhood education to the and calling on the Government of Syria and ian People, and other interested inter- young children of the United States; and the opposition in Syria to work in good faith national bodies to continue to exert max- (3) urges the people of the United States to to fully and immediately implement Mr. imum diplomatic pressure for Assad to step recognize the importance of— Annan’s six point proposal; aside and for a political transition in Syria; (A) high-quality, comprehensive early Whereas, on April 1, 2012, the group Friends (10) urges the Friends of the Syrian People childhood education programs; and of the Syrian People met in Istanbul and an- to renew efforts to incentivize the enhanced (B) the value of those programs for pre- nounced measures to increase the pressure cohesion of democratically oriented organi- paring children to— on the Assad regime, provide greater human- zations in Syria, and to encourage these (i) experience positive development and itarian relief to people in need, and support groups to make clear their intention to rep- education; and the Syrian opposition as it works toward an resent and protect the interests of all Syr- (ii) enjoy lifelong success. inclusive democratic transition. ians; Whereas, as of April 1, 2012, the United Mr. BEGICH. Mr. President, today I (11) calls upon the President to continue to States Government had pledged $25,000,000 in rise to submit a resolution to recognize provide support, including communications humanitarian assistance, as well as non-le- the Week of the Young Child. equipment to organizations in Syria that are thal communications equipment, to activists My resolution recognizes April 22 to representative of the people of Syria, make inside Syria; 28 as the Week of the Young Child. This demonstrable efforts to protect human Whereas, on April 5, 2012, the United Na- rights and religious freedom, reject ter- week in Alaska, and in States and com- tions Security Council adopted a Presi- rorism, cooperate with international munities across the Nation, we cele- dential Statement calling on the Govern- brate and bring greater awareness to ment of Syria to implement urgently and counterterrorism and nonproliferation ef- visibly its commitments to Mr. Annan, in- forts, and abstain from destabilizing neigh- the importance of the early years of cluding ceasing armed violence within 48 boring countries; children’s lives. hours; (12) urges the President to develop a plan The Week of the Young Child offi- Whereas, on April 14, 2012, the United Na- to identify weapons stockpiles and prevent cially began in 1971 as an annual ob- tions Security Council adopted Resolution the proliferation of conventional, biological, servance and public education effort of 2042, which authorized the deployment of an chemical, and other types of weapons in the National Association for the Edu- Syria; and advance team of United Nations military ob- cation of Young Children, the Nation’s servers to monitor adherence to a ceasefire (13) strongly condemns the Governments of the Russian Federation and the Islamic Re- oldest and recognized leader in early in the country; childhood education for children from Whereas the Governments of Turkey, Jor- public of Iran for providing military and se- dan, Lebanon, and Iraq have provided refuge curity equipment to the Government of birth through age 8, to reach out to for tens of thousands of people displaced by Syria, which has been used to repress peace- families and communities and to em- the violence in Syria; and ful demonstrations and commit mass atroc- phasize the crucial role adults play in Whereas the Governments of the Russian ities against unarmed civilian populations in giving children the foundation they Federation and the Islamic Republic of Iran Syria. need to succeed in school and beyond. continue to supply military equipment to f This week focuses attention on the the Government of Syria notwithstanding SENATE RESOLUTION 436—DESIG- importance of children’s early years. that government’s violent repression of dem- NATING THE WEEK OF APRIL 22 Early childhood educators, librarians, onstrators: United Ways, and other organizations Now, therefore, be it THROUGH 28, 2012, AS THE ‘‘WEEK Resolved, That the Senate— OF THE YOUNG CHILD’’ provide a range of activities to high- (1) condemns Syrian President Bashar al- Mr. BEGICH submitted the following light how each of us can help children Assad’s ongoing slaughter of his own people; resolution; which was referred to the and families thrive. This is a national (2) reaffirms that it is the policy of the Committee on the Judiciary: issue as well as local issue. Federal pol- United States that the legitimate aspira- icy and funding is a significant compo- S. RES. 436 tions of the Syrian people cannot be realized nent of early childhood education in so long as Bashar al-Assad remains in power Whereas there are 20,000,000 children under this country, from Early Head Start and that he must step aside; the age of 5 in the United States; (3) recognizes the efforts of the United Na- Whereas numerous studies show that high- and Head Start to the Child Care and tions and the League of Arab States to es- quality early childhood education programs Development Block Grant as well as tablish a ceasefire in Syria and to deploy improve the likelihood that children will Title I and even higher education fi- international personnel to observe adherence have success in school and in life by improv- nancial aid and teacher support pro- by the Government of Syria to Special ing their cognitive, social, emotional, and grams for the early childhood edu- Envoy Kofi Annan’s six-point peace plan to physical development; cation workforce. Yet our investments bring an end to violence and human rights Whereas many children eligible for, and in remain inadequate, especially when violations and as a first step toward a full need of, high-quality child care, Early Head you consider the work of noted econo- democratic transition in Syria; Start, Head Start, and other early childhood (4) urges robust support for the United Na- education programs are not served by such mists such as James Heckman on the tions-administered Emergency Response programs; return on investment to our Nation’s Fund to ensure the sustained provision of Whereas child care assistance and other economy. Today, not quite half of the humanitarian and emergency medical sup- early childhood education programs enable poorest preschoolers in our country

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.065 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2736 CONGRESSIONAL RECORD — SENATE April 25, 2012 can enroll in Head Start and only 3 per- Ferris State University by a score of 4 to 1: SENATE RESOLUTION 439—EX- cent of the babies and toddlers who Now, therefore, be it PRESSING THE SENSE OF THE could benefit from Early Head Start Resolved, That the Senate— SENATE THAT VILLAGE VOICE (1) recognizes the achievements of the can attend because of inadequate re- players, coaches, students, and staff whose MEDIA HOLDINGS, LLC SHOULD sources. Child care assistance reaches hard work and dedication helped Boston Col- ELIMINATE THE ‘‘ADULT ENTER- only one in seven eligible children, lege win the 2012 National Collegiate Ath- TAINMENT’’ SECTION OF THE making it harder for families to have letic Association Division I Men’s Hockey CLASSIFIED ADVERTISING stable jobs and for children to have Championship; and WEBSITE BACKPAGE.COM (2) respectfully requests that the Secretary safe and nurturing places to grow and Mr. BLUMENTHAL (for himself, Mr. learn. The committed individuals who of the Senate transmit an enrolled copy of this resolution to— KIRK, Mr. WHITEHOUSE, Mr. CORNYN, work in child care earn woefully inad- (A) Father William P. Leahy, S.J., the Mr. LIEBERMAN, Mr. RUBIO, and Mrs. equate salaries, often without health President of Boston College; GILLIBRAND) submitted the following care or retirement support. (B) Gene DeFilippo, the Athletic Director resolution; which was referred to the I hope all of my colleagues will find of Boston College; and Committee on the Judiciary: out more about the activities cele- (C) Jerry York, the head coach of the Bos- S. RES. 439 ton College men’s ice hockey team. brating the Week of the Young Child in Whereas, according to the Department of their States and can show their support f Justice, there was a 59 percent increase in for families and the professionals who SENATE RESOLUTION 438—TO SUP- identified victims of human trafficking work with young children every day. PORT THE GOALS AND IDEALS worldwide between 2009 and 2010; f OF NATIONAL SAFE DIGGING Whereas, according to the Department of Health and Human Services, human traf- SENATE RESOLUTION 437—CON- MONTH ficking is the fastest-growing criminal enter- GRATULATING THE BOSTON COL- Mr. LAUTENBERG (for himself, Mr. prise in the world; LEGE MEN’S ICE HOCKEY TEAM ROCKEFELLER, Mr. THUNE, and Mr. Whereas experts estimate that up to 300,000 ON WINNING ITS FIFTH NA- WICKER) submitted the following reso- children are at risk of sexual exploitation TIONAL COLLEGIATE ATHLETIC lution; which considered and agreed to: each year in the United States; Whereas experts estimate that the average ASSOCIATION DIVISION I MEN’S S. RES. 438 female victim of sex trafficking is forced HOCKEY CHAMPIONSHIP Whereas each year, the underground util- into prostitution for the first time between Mr. KERRY (for himself and Mr. ity infrastructure of the United States, in- the ages of 12 and 14, and the average male cluding pipelines, electric, gas, tele- BROWN of Massachusetts) submitted victim of sex trafficking is forced into pros- communications, water, sewer, and cable tel- titution for the first time between the ages the following resolution; which was evision lines, is jeopardized by unintentional considered and agreed to: of 11 and 13; damage caused by those who fail to have un- Whereas the Bureau of Justice Statistics S. RES. 437 derground lines located prior to digging; found that 40 percent of incidents inves- Whereas, on April 7, 2012, Boston College Whereas some utility lines are buried only tigated by federally-funded task forces on a few inches underground, making the lines won the 2012 National Collegiate Athletic As- human trafficking between 2008 and 2010 in- easy to strike, even during shallow digging sociation (referred to in this preamble as the volved prostitution of a child or the sexual projects; ‘‘NCAA’’) Division I Men’s Hockey Cham- exploitation of a child; Whereas digging prior to locating under- pionship; Whereas, according to the classified adver- ground utility lines often results in unin- Whereas the 2012 NCAA Division I Men’s tising consultant Advanced Interactive tended consequences, such as service inter- Hockey Championship is the fifth national Media Group (referred to in this preamble as ruption, environmental damage, personal in- championship for the Boston College Eagles ‘‘AIM Group’’), Backpage.com is the leading jury, and even death; men’s ice hockey team; United States website for prostitution adver- Whereas the month of April marks the be- Whereas the 2012 NCAA Division I Men’s tising; ginning of the peak period during which ex- Hockey Championship is the third national cavation projects are carried out around the Whereas Backpage.com is owned by Village championship in the last 5 years for Boston United States; Voice Media Holdings, LLC (referred to in College and its head coach, Jerry York; Whereas in 2002, Congress required the De- this preamble as ‘‘Village Voice Media’’); Whereas Jerry York has the most wins of partment of Transportation and the Federal Whereas the National Association of Attor- any active coach in NCAA Division I Men’s Communications Commission to establish a neys General tracked more than 50 cases in Hockey; 3-digit, nationwide, toll-free number to be which charges were filed against persons who Whereas Father William P. Leahy, S.J., used by State ‘‘One Call’’ systems to provide were trafficking or attempting to traffic mi- the President of Boston College, and Gene information on underground utility lines; nors on Backpage.com; DeFilippo, the Athletic Director of Boston Whereas in 2005, the Federal Communica- Whereas Myrelle and Tyrelle Locket— College, have shown great leadership in tions Commission designated ‘‘811’’ as the (1) in February 2011 were each sentenced to bringing athletic success to Boston College; nationwide ‘‘One Call’’ number for home- 4 years in prison on charges of trafficking of Whereas the semifinal games and final owners and excavators to use to obtain infor- persons for forced labor or services for oper- game of the NCAA Division I Men’s Hockey mation on underground utility lines before ating an Illinois sex trafficking ring that in- Tournament are known as the ‘‘Frozen conducting excavation activities; cluded minors; and (2) used Backpage.com to facilitate the Four’’; Whereas ‘‘One Call’’ has helped reduce the prostitution; Whereas junior goaltender Parker Milner number of digging damages caused by failure Whereas Arthur James Chappell— was named the Most Outstanding Player of to call before digging from 48 percent in 2004 the Frozen Four after allowing only 2 goals (1) in March 2011 was sentenced to 28 years to 32 percent in 2010; in prison on charges of sex trafficking of a during the entire NCAA Division I Men’s Whereas the 1,400 members of the Common Hockey Tournament; minor for running a prostitution ring with at Ground Alliance, who are dedicated to ensur- least 1 juvenile victim in Minnesota; and Whereas Boston College finished the 2011– ing public safety, environmental protection, 2012 men’s hockey season on a 19-game win- (2) used Backpage.com to facilitate the and the integrity of services, promote the prostitution; ning streak, which is a single-season team national ‘‘Call Before You Dig’’ campaign to Whereas Brandon Quincy Thompson— record; increase public awareness about the impor- (1) in April 2011 was sentenced to life im- Whereas, on February 13, 2012, Boston Col- tance of homeowners and excavators calling prisonment on charges of sex trafficking a lege won its third consecutive Beanpot 811 to find out the exact location of under- child by force for running a South Dakota Championship, defeating Boston University ground lines; and prostitution ring that involved multiple un- in sudden death overtime by a score of 3 to Whereas the Common Ground Alliance has derage girls; and 2; designated April as ‘‘National Safe Digging (2) used Backpage.com to facilitate the Whereas, on March 17, 2012, Boston College Month’’ to increase awareness of safe digging prostitution; won its third consecutive Hockey East practices across the United States and to Whereas Clint Eugene Wilson— Championship, defeating the University of celebrate the anniversary of 811, the national (1) in May 2011 was sentenced to 20 years in Maine by a score of 4 to 1; ‘‘Call Before You Dig’’ number: prison on charges of sex trafficking of a Whereas, on April 5, 2012, Boston College Now, therefore, be it minor by force, fraud, or coercion for forcing defeated the University of Minnesota in a Resolved, That the Senate— a 16-year-old Dallas girl into prostitution, Frozen Four semifinal game by a score of 6 (1) supports the goals and ideals of Na- threatening to assault her, and forcing her to 1 to advance to the national championship tional Safe Digging Month; and to get a tattoo that branded her as his prop- game; and (2) encourages all homeowners and exca- erty; and Whereas Boston College won the Frozen vators throughout the United States to call (2) used Backpage.com to facilitate the Four championship game with a victory over 811 before digging. prostitution;

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.067 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2737 Whereas Demetrius Darnell Homer— Media to shut down the ‘‘adult entertain- AMENDMENTS SUBMITTED AND (1) in August 2011 was sentenced to 20 years ment’’ section of Backpage.com; PROPOSED in prison on charges of sex trafficking of a Whereas, on December 29, 2011, the Seattle minor for violently forcing a 14-year-old At- Times published an editorial entitled ‘‘Mur- SA 2085. Mr. COBURN submitted an amendment intended to be proposed by him lanta girl into prostitution, controlling her ders strengthen case against Backpage.com’’, to the bill S. 1925, to reauthorize the Vio- through beatings, threatening her with a writing, ‘‘Backpage.com cannot continue to knife, shocking her with a taser in front of lence Against Women Act of 1994; which was dismiss the women and children exploited ordered to lie on the table. another underage girl whom he had placed in through the website, nor the 3 women in De- prostitution, and forcing her to engage in SA 2086. Mr. CORNYN (for himself, Mr. troit who are dead possibly because they KIRK, Mr. BENNET, Mr. MCCONNELL, and Mr. prostitution while she was pregnant with his were trafficked on the site. Revenue from child; and VITTER) submitted an amendment intended (2) used Backpage.com to facilitate the the exploitation and physical harm of women to be proposed by him to the bill S. 1925, prostitution; and minors is despicable. Village Voice supra; which was ordered to lie on the table. Whereas Leighton Martin Curtis— Media, which owns Backpage.com, must shut SA 2087. Mr. KYL submitted an amend- (1) in February 2012 was sentenced to 30 this site down. Until then, all the pressure ment intended to be proposed by him to the years in prison on charges of sex trafficking that can be brought to bear must continue.’’; bill S. 1925, supra; which was ordered to lie of a minor and production of child pornog- Whereas, on March 18, 2012, Nicholas on the table. raphy for pimping a 15-year-old girl through- Kristof of the New York Times wrote in an SA 2088. Mr. CRAPO submitted an amend- out Florida, Georgia, and North Carolina to opinion piece entitled ‘‘Where Pimps Peddle ment intended to be proposed by him to the approximately 20 to 35 customers each week Their Goods’’ that ‘‘[t]here are no simple so- bill S. 1925, supra; which was ordered to lie for more than a year; and lutions to end sex trafficking, but it would on the table. SA 2089. Mr. CRAPO submitted an amend- (2) used Backpage.com to facilitate the help to have public pressure on Village Voice ment intended to be proposed by him to the prostitution; Media to stop carrying prostitution adver- bill S. 1925, supra; which was ordered to lie Whereas Ronnie Leon Tramble— tising.’’; (1) in March 2012 was sentenced to 15 years on the table. Whereas, on March 29, 2012, Change.org de- SA 2090. Mr. CRAPO submitted an amend- in prison on charges of sex trafficking livered a petition signed by more than 240,000 ment intended to be proposed by him to the through force, fraud, and coercion for forcing individuals to Village Voice Media, calling bill S. 1925, supra; which was ordered to lie more than 5 young women and minors into on the company to shut down the ‘‘adult en- on the table. prostitution over a period of at least 5 years tertainment’’ section of Backpage.com; f throughout the State of Washington, during Whereas, on January 12, 2012, John Buffalo which time period he constantly subjected Mailer, son of Village Voice co-founder Nor- TEXT OF AMENDMENTS the victims to brutal physical and emotional man Mailer, joined the Change.org petition SA 2085. Mr. COBURN submitted an abuse; and to shut down the ‘‘adult entertainment’’ sec- (2) used Backpage.com to facilitate the amendment intended to be proposed by tion of Backpage.com, stating, ‘‘For the sake prostitution; him to the bill S. 1925, to reauthorize of the Village Voice brand and for the sake Whereas, according to AIM Group, 80 per- the Violence Against Women Act of cent of online prostitution advertising rev- of the legacy of a great publication, take down the adult section of Backpage.com, be- 1994; which was ordered to lie on the enue for the month of February 2012 was at- table; as follows: tributed to Backpage.com; fore the Village Voice must answer for yet Whereas, according to AIM Group, the another child who is abused and exploited be- At the appropriate place, insert the fol- number of Backpage.com advertisements for cause you did not do enough to prevent it.’’; lowing: ‘‘escorts’’ and ‘‘body rubs’’, a thinly veiled Whereas, on March 30, 2012, a private eq- SEC. ll. IDENTIFYING UNNECESSARY DUPLICA- uity firm owned by Goldman Sachs Group, TION WITHIN THE DEPARTMENT OF code for prostitution, increased by nearly 5 JUSTICE. percent between February 2011 and February Inc. completed a deal to sell its 16 percent ownership stake in Village Voice Media back (a) REQUIREMENT TO IDENTIFY AND DESCRIBE 2012; PROGRAMS.—Each fiscal year, for purposes of to management; Whereas, according to AIM Group, the report required by subsection (c), the At- Whereas, in M.A. ex rel. P.K. v. Village Backpage.com earned an estimated torney General shall— Voice Media Holdings, LLC (809 F. Supp. 2d $26,000,000 from prostitution advertisements (1) identify and describe every program ad- between February 2011 and February 2012; 1041 (E.D. Mo. 2011)), the United States Dis- ministered by the Department of Justice; Whereas Backpage.com vice president Carl trict Court for the Eastern District of Mis- (2) for each such program— Ferrer acknowledged to the National Asso- souri held that section 230 of the Commu- (A) determine the total administrative ex- ciation of Attorneys General that the com- nications Act of 1934 (47 U.S.C. 230) (as added penses of the program; pany identifies more than 400 ‘‘adult enter- by section 509 of the Communications De- (B) determine the expenditures for services tainment’’ posts that may involve minors cency Act of 1996 (Public Law 104–104; 110 for the program; each month; Stat. 137)) protects Backpage.com from civil (C) estimate the number of clients served Whereas the actual number of ‘‘adult en- liability for the ‘‘horrific victimization’’ the by the program and beneficiaries who re- tertainment’’ posts on Backpage.com each teenage plaintiff suffered at the hands of the ceived assistance under the program (if ap- month that involve minors may be far great- criminal who posted on the website to per- plicable); and er than 400; petrate her vicious crimes; and (D) estimate— Whereas, according to the National Asso- Whereas the Communications Decency Act (i) the number of full-time employees who ciation of Attorneys General, Missouri inves- of 1996 (Public Law 104–104; 110 Stat. 56) and administer the program; and tigators found that the review procedures of the amendments made by that Act do not (ii) the number of full-time equivalents Backpage.com are ineffective in policing il- preclude a service provider from voluntarily (whose salary is paid in part or full by the legal activity; removing a portion of a website known to fa- Federal Government through a grant or con- Whereas, in September 2010, Craigslist.com cilitate the sexual exploitation of minors in tract, a subaward of a grant or contract, a removed the ‘‘adult services’’ section of its order to protect children in the United cooperative agreement, or another form of website following calls for removal from law States: Now, therefore, be it financial award or assistance) who assist in enforcement and advocacy organizations; Resolved, That the Senate— administering the program; and Whereas, by September 16, 2011, 51 attor- (3) identify programs within the Federal (1) supports the efforts of law enforcement neys general of States and territories of the Government (whether inside or outside the agencies to provide training to law enforce- United States had called on Backpage.com to agency) with duplicative or overlapping mis- ment agents on how to identify victims of shut down the ‘‘adult entertainment’’ sec- sions, services, and allowable uses of funds. sex trafficking, investigate cases of sex traf- tion of its website; (b) RELATIONSHIP TO CATALOG OF DOMESTIC ficking, prosecute sex trafficking offenses, Whereas, on September 16, 2011, the Tri- ASSISTANCE.—With respect to the require- City Herald of the State of Washington pub- and rescue victims of sex trafficking; ments of paragraphs (1) and (2)(B) of sub- lished an editorial entitled ‘‘Attorneys gen- (2) supports services for trafficking victims section (a), the Attorney General may use eral target sexual exploitation of kids’’, provided by the Federal Government, State the same information provided in the catalog writing, ‘‘. . . we’d also encourage the owners and local governments, and non-profit and of domestic and international assistance pro- of Backpage.com to give the attorneys gen- faith-based organizations, including medical, grams in the case of any program that is a eral what they are asking for’’; legal, mental health, housing, and other so- domestic or international assistance pro- Whereas, on October 25, 2011, 36 clergy cial services; and gram. members from across the United States pub- (3) calls on Village Voice Media Holdings, (c) REPORT.—Not later than February 1 of lished an open letter to Village Voice Media LLC to act as a responsible global citizen each fiscal year, the Attorney General shall in the New York Times, calling on the com- and immediately eliminate the ‘‘adult enter- publish on the official public website of the pany to shut down the ‘‘adult entertain- tainment’’ section of the classified adver- agency a report containing the following: ment’’ section of Backpage.com; tising website Backpage.com to terminate (1) The information required under sub- Whereas, on December 2, 2011, 55 anti-traf- the website’s rampant facilitation of online section (a) with respect to the preceding fis- ficking organizations called on Village Voice sex trafficking. cal year.

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(2) The latest performance reviews (includ- TION.—Notwithstanding any other provision (1) in subsection (a), by adding at the end ing the program performance reports re- of law, the Attorney General shall post a re- the following new paragraph: quired under section 1116 of title 31, United port on the public Internet website of the ‘‘(6) To conduct an audit consistent with States Code) of each program of the agency Department of Justice detailing— subsection (n) of the samples of sexual as- identified under subsection (a)(1), including (1) the programs consolidated as a result of sault evidence that are in the possession of performance indicators, performance goals, this section, including any programs elimi- the State or unit of local government and output measures, and other specific metrics nated; are awaiting testing.’’; used to review the program and how the pro- (2) the total amount saved from reducing (2) in subsection (c), by adding at the end gram performed on each. such duplication; the following new paragraph: (3) For each program that makes pay- (3) the total amount of such savings di- ‘‘(4) ALLOCATION OF GRANT AWARDS FOR AU- ments, the latest improper payment rate of rected towards the analysis and placement of DITS.—For each of fiscal years 2012 through the program and the total estimated amount DNA samples into the Combined DNA Index 2016, not less than 7 percent of the grant of improper payments, including fraudulent System; amounts distributed under paragraph (1) payments and overpayments. (4) the total amount of such savings re- shall be awarded for the purpose described in (4) The total amount of unspent and unob- turned to the Treasury for the purpose of subsection (a)(6).’’; and ligated program funds held by the Depart- deficit reduction; and (3) by adding at the end the following new ment and grant recipients (not including in- (5) additional recommendations for con- subsection: dividuals) stated as an amount— solidating duplicative programs, offices, and (A) held as of the beginning of the fiscal initiatives within the Department of Justice. ‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL year in which the report is submitted; and (g) DEFINITIONS.—In this section: ASSAULT EVIDENCE BACKLOGS.— (B) held for five fiscal years or more. (1) ADMINISTRATIVE EXPENSES.—The term ‘‘(1) ELIGIBILITY.—The Attorney General (5) Such recommendations as the Attorney ‘‘administrative expenses’’ has the meaning may award a grant under this section to a General considers appropriate— as determined by the Director of the Office State or unit of local government for the (A) to consolidate programs that are dupli- of Management and Budget under section purpose described in subsection (a)(6) only if cative or overlapping; 504(b)(2) of Public Law 111–85 (31 U.S.C. 1105 the State or unit of local government— (B) to eliminate waste and inefficiency; note), except the term shall also include, for ‘‘(A) submits a plan for performing the and purposes of that section and this section— audit of samples described in such sub- (C) to terminate lower priority, outdated, (A) costs incurred by the Department as section; and and unnecessary programs and initiatives. well as costs incurred by grantees, sub- ‘‘(B) includes in such plan a good-faith es- (d) CONSOLIDATING UNNECESSARY DUPLICA- grantees, and other recipients of funds from timate of the number of such samples. TION WITHIN THE DEPARTMENT OF JUSTICE.— a grant program or other program adminis- ‘‘(2) GRANT CONDITIONS.—A State or unit of Notwithstanding any other provision of law tered by the Department; and local government receiving a grant for the and not later than 150 days after the date of (B) expenses related to personnel salaries purpose described in subsection (a)(6) shall— enactment of this section, the Attorney Gen- and benefits, property management, travel, ‘‘(A) not later than 1 year after receiving eral shall— program management, promotion, reviews such grant— (1) use available administrative authority and audits, case management, and commu- ‘‘(i) complete the audit referred to in para- to eliminate, consolidate, or streamline Gov- nication about, promotion of, and outreach graph (1)(A) in accordance with the plan sub- ernment programs and agencies with dupli- for programs and program activities admin- mitted under such paragraph; and cative and overlapping missions identified istered by the Department. ‘‘(ii) for each sample of sexual assault evi- in— (2) PERFORMANCE INDICATOR; PERFORMANCE dence identified in such audit, subject to (A) the February 2012 Government Ac- GOAL; OUTPUT MEASURE; PROGRAM ACTIVITY.— paragraph (4), enter into the Sexual Assault The terms ‘‘performance indicator’’, ‘‘per- countability Office report to Congress enti- Forensic Evidence Registry established formance goal’’, ‘‘output measure’’, and tled ‘‘2012 Annual Report: Opportunities to under subsection (o) the information listed ‘‘program activity’’ have the meanings pro- Reduce Potential Duplication in Govern- in subsection (o)(2); vided by section 1115 of title 31, United ment Programs, Save Tax Dollars, and En- ‘‘(B) not later than 21 days after receiving States Code. hance Revenue’’ (GAO 12 342SP); and possession of a sample of sexual assault evi- (3) PROGRAM.—The term ‘‘program’’ has (B) subsection (a); dence that was not in the possession of the the meaning provided by the Director of the (2) identify and report to Congress any leg- State or unit of local government at the Office of Management and Budget in con- islative changes required to further elimi- time of such audit, subject to paragraph (4), sultation with the Attorney General and nate, consolidate, or streamline Government enter into the Sexual Assault Forensic Evi- shall include any organized set of activities programs and agencies with duplicative and dence Registry the information listed in sub- overlapping missions identified in— directed toward a common purpose or goal section (o)(2) with respect to the sample; and (A) the February 2012 Government Ac- undertaken by the Department of an agency ‘‘(C) not later than 30 days after a change countability Office report to Congress enti- that includes services, projects, processes, or in the status referred to in subsection tled ‘‘2012 Annual Report: Opportunities to financial or other forms of assistance, in- (o)(2)(A)(v) of a sample with respect to which Reduce Potential Duplication in Govern- cluding grants, contracts, cooperative agree- the State or unit of local government has en- ment Programs, Save Tax Dollars, and En- ments, compacts, loans, leases, technical tered information into such Registry, update hance Revenue’’ (GAO 12 342SP); and support, consultation, or other guidance. such status. (B) subsection (c); and (4) SERVICES.—The term ‘‘services’’ has the ‘‘(3) EXTENSION OF INITIAL DEADLINE.—The (3) develop a plan that would result in fi- meaning provided by the Attorney General Attorney General may grant an extension of nancial cost savings of no less than 20 per- and shall be limited to only activities, as- the deadline under paragraph (2)(A) to a cent of the nearly $3,900,000,000 in duplicative sistance, and aid that provide a direct ben- grant programs identified by the Govern- efit to a recipient, such as the provision of State or unit of local government that dem- ment Accountability Office as a result of the medical care, assistance for housing or tui- onstrates that more time is required for actions required by paragraph (1). tion, or financial support (including grants compliance with such paragraph. (e) ELIMINATING THE BACKLOG OF and loans). ‘‘(4) SAMPLES EXEMPT FROM REGISTRY RE- UNANALYZED DNA FROM SEXUAL ASSAULT, QUIREMENT.—A State or unit of local govern- RAPE, KIDNAPPING, AND OTHER CRIMINAL SA 2086. Mr. CORNYN (for himself, ment is not required under paragraph (2) to CASES.—Notwithstanding any other provi- Mr. KIRK, Mr. BENNET, Mr. MCCONNELL, enter into the Registry described in such sion of law and not later than 1 year after and Mr. VITTER) submitted an amend- paragraph information with respect to a the enactment of this section, the Director ment intended to be proposed by him sample of sexual assault evidence if— of the Office of Management and Budget in to the bill S. 1925, to reauthorize the ‘‘(A) the sample is not considered criminal evidence (such as a sample collected anony- consultation with Attorney General shall— Violence Against Women Act of 1994; (1) rescind from the appropriate accounts mously from a victim who is unwilling to the total amount of cost savings from the which was ordered to lie on the table; make a criminal complaint); or plan required in subsection (d)(3); as follows: ‘‘(B) the sample relates to a sexual assault (2) apply as much as 75 percent of the sav- At the end, add the following: for which the prosecution of each perpe- ings towards alleviating any backlogs of TITLE XI—THE SAFER ACT trator is barred by a statute of limitations. analysis and placement of DNA samples from SECTION 1101. SHORT TITLE. ‘‘(5) DEFINITIONS.—In this subsection: rape, sexual assault, homicide, kidnapping This title may be cited as the ‘‘Sexual As- ‘‘(A) AWAITING TESTING.—The term ‘await- and other criminal cases, including casework sault Forensic Evidence Registry Act of ing testing’ means, with respect to a sample sample and convicted offender backlogs, into 2012’’ or the ‘‘SAFER Act of 2012’’. of sexual assault evidence, that— the Combined DNA Index System; and SEC. 1102. DEBBIE SMITH GRANTS FOR AUDITING ‘‘(i) the sample has been collected and is in (3) return the remainder of the savings to SEXUAL ASSAULT EVIDENCE BACK- the possession of a State or unit of local gov- the Treasury for the purpose of deficit reduc- LOGS. ernment; tion. Section 2 of the DNA Analysis Backlog ‘‘(ii) DNA and other appropriate forensic (f) REPORTING THE SAVINGS RESULTING Elimination Act of 2000 (42 U.S.C. 14135) is analyses have not been performed on such FROM CONSOLIDATING UNNECESSARY DUPLICA- amended— sample; and

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.070 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2739 ‘‘(iii) the sample is related to a criminal for the information listed in subparagraph grant amounts shall be awarded for a com- case or investigation in which final disposi- (A). bination of purposes under paragraphs (2) tion has not yet been reached. ‘‘(3) SAMPLE IDENTIFICATION NUMBER.— and (3) of subsection (a).’’. ‘‘(B) FINAL DISPOSITION.—The term ‘final ‘‘(A) IN GENERAL.—A State or unit of local SEC. 1202. ENHANCED PENALTIES FOR AGGRA- disposition’ means, with respect to a crimi- government that chooses to enter informa- VATED INTERSTATE DOMESTIC VIO- nal case or investigation to which a sample tion about a sample of sexual assault evi- LENCE. of sexual assault evidence relates— dence into the Registry shall assign to the Section 2261(b) of title 18, United States ‘‘(i) the conviction or acquittal of all sus- sample a unique numeric or alphanumeric Code, is amended— pected perpetrators of the crime involved; identifier. (1) in paragraph (1), by inserting ‘‘not less ‘‘(ii) a determination by the State or unit ‘‘(B) UNIQUE IDENTIFIER REQUIRED.—In as- than 15 years’’ after ‘‘any term of years’’; of local government in possession of the sam- signing the identifier under subparagraph (2) in paragraph (2), by striking ‘‘20 years’’ ple that the case is unfounded; or (A), a State or unit of local government may and inserting ‘‘25 years’’; and ‘‘(iii) a declaration by the victim of the use a case-numbering system used for other (3) in paragraph (3), by striking ‘‘10 years’’ crime involved that the act constituting the purposes, but the Attorney General shall en- and inserting ‘‘15 years’’. basis of the crime was not committed. sure that the identifier assigned to each SEC. 1203. ENHANCED PENALTIES FOR AGGRA- ‘‘(C) POSSESSION.— sample is unique with respect to all samples VATED SEXUAL ABUSE. ‘‘(i) IN GENERAL.—The term ‘possession’, entered by all States and units of local gov- Section 2241 of title 18, United States Code, used with respect to possession of a sample ernment. is amended— of sexual assault evidence by a State or unit ‘‘(4) UPDATE OF INFORMATION.—A State or (1) in subsection (a), in the undesignated of local government, includes possession by unit of local government that chooses to matter following paragraph (2), by striking an individual who is acting as an agent of enter information about a sample of sexual ‘‘any term of years or life’’ and inserting the State or unit of local government for the assault evidence into the Registry shall, not ‘‘not less than 10 years or imprisoned for collection of the sample. later than 30 days after a change in the sta- life’’; and ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in tus of the sample referred to in paragraph (2) in subsection (b), in the undesignated clause (i) shall be construed to create or (2)(A)(v), update such status. matter following paragraph (2), by striking amend any Federal rights or privileges for ‘‘(5) INTERNET ACCESS.—The Attorney Gen- ‘‘any term of years or life’’ and inserting non-governmental vendor laboratories de- eral shall make publicly available aggregate ‘‘not less than 5 years or imprisoned for scribed in regulations promulgated under non-individualized and non-personally iden- life’’. section 210303 of the DNA Identification Act tifying data gathered from the Registry, to SEC. 1204. ENHANCED PENALTIES FOR INTER- of 1994 (42 U.S.C. 14131).’’. allow for comparison of backlog data by STATE TRANSPORTATION OF CHILD PROSTITUTES. State and unit of local government, on an SEC. 1103. SEXUAL ASSAULT FORENSIC EVI- Section 2423(a) of title 18, United States appropriate Internet website. DENCE REGISTRY. Code, is amended by striking the period at (a) IN GENERAL.—Section 2 of the DNA ‘‘(6) TECHNICAL ASSISTANCE.—The Attorney the end and inserting the following: ‘‘, but if Analysis Backlog Elimination Act of 2000 (42 General shall— the individual who was transported in inter- U.S.C. 14135), as amended by section 1102 of ‘‘(A) provide a means by which an entity state or foreign commerce had not attained this title, is further amended by adding at that does not have access to the Internet 12 years of age, imprisoned not less than 20 the end the following new subsection: may enter information into the Registry; years or for life.’’. and ‘‘(o) SEXUAL ASSAULT FORENSIC EVIDENCE SEC. 1205. FINDING FUGITIVE SEX OFFENDERS. ‘‘(B) provide the technical assistance nec- REGISTRY.— (a) SUBPOENA AUTHORITY FOR THE UNITED essary to allow States and units of local gov- ‘‘(1) IN GENERAL.—Subject to subsection (j), STATES MARSHALS SERVICE.—Section not later than 1 year after the date of enact- ernment to participate in the Registry.’’. 566(e)(1) of title 28, United States Code, is (b) FUNDING.—Section 2(j) of the DNA ment of the SAFER Act of 2012, the Attorney amended— Analysis Backlog Elimination Act of 2000 (42 General shall establish a Sexual Assault Fo- (1) in subparagraph (A), by striking ‘‘and’’ U.S.C. 14135(j)) is amended— rensic Evidence Registry (in this subsection at the end; (1) by inserting ‘‘and for carrying out sub- referred to as the ‘Registry’) that— (2) in subparagraph (B), by striking the pe- section (o)’’ after ‘‘for grants under sub- ‘‘(A) allows States and units of local gov- riod at the end and inserting ‘‘; and’’; and section (a)’’; and ernment to enter information into the Reg- (3) by adding at the end the following: (2) by adding at the end the following new istry about samples of sexual assault evi- ‘‘(C) issue administrative subpoenas in ac- sentence: ‘‘For each of fiscal years 2012 dence that are in the possession of such cordance with section 3486 of title 18 solely through 2016, not less than 1 percent of the States or units of local government and are for the purpose of investigating unregistered amount authorized to be appropriated under awaiting testing; and sex offenders (as that term is defined in sec- the previous sentence for such fiscal year ‘‘(B) tracks the testing and processing of tion 3486 of title 18).’’. shall be for carrying out subsection (o).’’ such samples. (b) CONFORMING AMENDMENT TO ADMINIS- ‘‘(2) INFORMATION IN REGISTRY.— SEC. 1104. REPORTS TO CONGRESS. TRATIVE SUBPOENA STATUTE.— ‘‘(A) IN GENERAL.—A State or unit of local Not later than 90 days after the end of each (1) IN GENERAL.—Section 3486(a)(1) of title government that chooses to enter informa- fiscal year for which a grant is made for the 18, United States Code, is amended— tion into the Registry about a sample of sex- purpose described in section 2(a)(6) of the (A) in subparagraph (A)— ual assault evidence shall include the fol- DNA Analysis Backlog Elimination Act of (i) in clause (i)(II), by striking ‘‘or’’ at the lowing information: 2000, as added by section 1102 of this title, the end; ‘‘(i) The date of the sexual assault to which Attorney General shall submit to Congress a (ii) by redesignating clause (ii) as clause the sample relates. report that— (iii); and ‘‘(ii) The city, county, or other appropriate (1) lists the States and units of local gov- (iii) by inserting after clause (i) the fol- locality in which the sexual assault oc- ernment that have been awarded such grants lowing: curred. and the amount of the grant received by ‘‘(ii) an unregistered sex offender con- ‘‘(iii) The date on which the sample was each such State or unit of local government; ducted by the United States Marshals Serv- collected. (2) states the number of extensions granted ice, the Director of the United States Mar- ‘‘(iv) The date on which information relat- by the Attorney General under section shals Service; or’’; and ing to the sample was entered into the Reg- 2(n)(3) of the DNA Analysis Backlog Elimi- (B) by striking subparagraph (D) and in- istry. nation Act of 2000, as added by section 1102 of serting the following: ‘‘(v) The status of the progression of the this title; and ‘‘(D) As used in this paragraph— sample through testing and other stages of (3) summarizes the processing status of the ‘‘(i) the term ‘Federal offense involving the the evidentiary handling process, including samples of sexual assault evidence about sexual exploitation or abuse of children’ the identity of the entity in possession of the which information has been entered into the means an offense under section 1201, 1591, sample. Sexual Assault Forensic Evidence Registry 2241(c), 2242, 2243, 2251, 2251A, 2252, 2252A, 2260, ‘‘(vi) The date or dates after which the established under section 2(o) of the DNA 2421, 2422, or 2423, in which the victim is an State or unit of local government would be Analysis Backlog Elimination Act of 2000, as individual who has not attained the age of 18 barred by any applicable statutes of limita- added by section 1103(a) of this title, includ- years; and tions from prosecuting a perpetrator of the ing the number of samples that have not ‘‘(ii) the term ‘sex offender’ means an indi- sexual assault for the sexual assault. been tested. vidual required to register under the Sex Of- ‘‘(vii) Such other information as the Attor- TITLE XII—JUSTICE FOR VICTIMS fender Registration and Notification Act (42 ney General considers appropriate. SEC. 1201. REDUCING THE RAPE KIT BACKLOG. U.S.C. 16901 et seq.).’’. ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA- Section 2(c)(3) of the DNA Analysis Back- (2) TECHNICAL AND CONFORMING AMEND- TION.—The Attorney General shall ensure log Elimination Act of 2000 (42 U.S.C. MENTS.—Section 3486(a) of title 18, United that the Registry does not include person- 14135(c)(3)) is amended by adding at the end States Code, is amended— ally identifiable information or details about the following: (A) in paragraph (6)(A), by striking a sexual assault that might lead to the iden- ‘‘(C) For each of fiscal years 2012 through ‘‘United State’’ and inserting ‘‘United tification of the individuals involved, except 2014, not less than 75 percent of the total States’’;

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.072 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE S2740 CONGRESSIONAL RECORD — SENATE April 25, 2012 (B) in paragraph (9), by striking ‘‘or (8) The National Association of Attorneys tainment’’ posts every month that may in- (1)(A)(ii)’’ and inserting ‘‘or (1)(A)(iii)’’; and General has tracked more than 50 cases in volve minors. The actual figure could be far (C) in paragraph (10), by striking ‘‘para- which charges were filed against those traf- greater. graph (1)(A)(ii)’’ and inserting ‘‘paragraph ficking or attempting to traffic minors on (20) According to the National Association (1)(A)(iii)’’. Backpage.com. of Attorneys General, Missouri investigators (c) REPORT.—Section 3486 of title 18, United (9) In February 2011, Myrelle and Tyrelle found that Backpage.com’s review proce- States Code, is amended by adding at the end Locket were each sentenced to 4 years in dures are ineffective in policing illegal activ- the following: prison on charges of trafficking of persons ity. ‘‘(f) REPORTS.—The Attorney General shall for forced labor or services for operating an (21) In September 2010, Craigslist.com re- submit to the Committee on the Judiciary of Illinois sex trafficking ring that included mi- moved the adult services section of its the Senate and the Committee on the Judici- nors. The Lockets used Backpage.com to fa- website following calls from law enforcement ary of the House of Representatives an an- cilitate the prostitution. and advocacy organizations. nual report containing— (10) In March 2011, Arthur James Chappell ‘‘(1) the number of subpoenas issued by the (22) As of September 16, 2011, 51 Attorneys was sentenced to 28 years in prison on General of States and territories had called United States Marshals pursuant to section charges of sex trafficking of a minor for run- 566(e)(1)(C) of title 28; on Backpage.com to shut down the ‘‘adult ning a prostitution ring with at least 1 juve- entertainment’’ section of its website. ‘‘(2) the crime being investigated pursuant nile victim in Minnesota. Arthur Chappell to the issuance of each subpoena; and (23) On September 16, 2011, the Tri-City used Backpage.com to facilitate the pros- Herald published an editorial, ‘‘Attorneys ‘‘(3) the number of unregistered sex offend- titution. general target sexual exploitation of kids,’’ ers arrested by the United States Marshals (11) In April 2011, Brandon Quincy Thomp- writing, ‘‘...we’d also encourage the owners subsequent to the issuance of a subpoena son was sentenced to life imprisonment for of Backpage.com to give the attorneys gen- pursuant to section 566(e)(1)(C) of title 28 and sex trafficking a child by force and an addi- eral what they are asking for’’. the information that led to each individual’s tional 120 months for soliciting the murder (24) On October 25, 2011, 36 clergy members arrest.’’. of a Federal witness. Brandon Thompson ran from across the country published an open SEC. 1206. REPORT ON COMPLIANCE WITH THE a South Dakota prostitution ring involving DNA FINGERPRINT ACT OF 2005. multiple underage girls. Brandon Thompson letter to Village Voice Media in the New Not later than 180 days after date of the used Backpage.com to facilitate the pros- York Times, calling on the company to shut enactment of this Act, the Secretary of titution. down Backpage.com’s ‘‘adult entertainment’’ Homeland Security shall prepare and submit (12) In May 2011, Clint Eugene Wilson was section. to the Committee on the Judiciary of the sentenced to 20 years in prison on charges of (25) On December 2, 2011, 55 anti-trafficking Senate and the Committee on the Judiciary sex trafficking of a minor by force, fraud or organizations called on Village Voice Media of the House of Representatives a report coercion for forcing a 16-year old Dallas girl to shut down Backpage.com’s ‘‘adult enter- that— into prostitution. Clint Wilson threatened to tainment’’ section. (1) describes, in detail, the measures and assault the girl and forced her to get a tat- (26) On December 29, 2011, the Seattle procedures taken by the Secretary to comply too that branded her as his property. Clint Times published an editorial, ‘‘Murders with any regulation promulgated pursuant Wilson used Backpage.com to facilitate the strengthen case against Backpage.com,’’ to section 3(e)(1) of the DNA Analysis Back- prostitution. writing, ‘‘Backpage.com cannot continue to log Elimination Act of 2000 (42 U.S.C. (13) In August 2011, Demetrius Darnell dismiss the women and children exploited 14135a(e)(1)); and Homer was sentenced to 20 years in prison on through the website, nor the three women in (2) provides a detailed explanation of the charges of sex trafficking of a minor for vio- Detroit who are dead possibly because they circumstances and specific cases, if avail- lently forcing a 14-year-old Atlanta girl into were trafficked on the site. Revenue from able, in which— prostitution. Demetrius Homer controlled the exploitation and physical harm of women (A) the Secretary failed to comply with the girl through beatings, threatened her and minors is despicable. Village Voice any regulation promulgated pursuant to with a knife, shocked her with a taser in Media, which owns Backpage.com, must shut such section 3(e)(1); front of another underage girl he placed in this site down. Until then, all the pressure (B) the Secretary requested the Attorney prostitution, and forced the girl to engage in that can be brought to bear must continue.’’ General approve additional limitations to, or prostitution while she was pregnant with his (27) On March 18, 2012, Nicholas Kristof of exceptions from, any regulation promulgated child. Demetrius Homer used Backpage.com the New York Times wrote in an opinion pursuant to such section 3(e)(1); or to facilitate the prostitution. piece entitled ‘‘Where Pimps Peddle Their (C) the Secretary consulted with the Attor- (14) In February 2012, Leighton Martin Cur- Goods,’’ that ‘‘[t]here are no simple solutions ney General to determine that the collection tis was sentenced to 30 years in prison on to end sex trafficking, but it would help to of DNA samples is not feasible because of charges of sex trafficking of a minor and pro- have public pressure on Village Voice Media operational exigencies or resource limita- duction of child pornography for pimping a to stop carrying prostitution advertising.’’ tions. 15-year- girl throughout Florida, Georgia, (28) On March 29, 2012, Change.org delivered SEC. 1207. SENSE OF CONGRESS. and North Carolina for more than a year. a petition signed by more than 240,000 indi- (a) FINDINGS.—Congress finds the fol- Leighton Curtis prostituted the girl to ap- viduals to Village Voice Media, calling on lowing: proximately 20 to 35 customers per week the company to shut down Backpage.com’s (1) According to the Department of Jus- through advertisements on Backpage.com. ‘‘adult entertainment’’ section. tice, there was a 59 percent increase in iden- Leighton Curtis used Backpage.com to facili- (29) On January 12, 2012, John Buffalo Mail- tified victims of human trafficking world- tate the prostitution. er, son of Village Voice co-founder Norman wide between 2009 and 2010. (15) In March 2012, Ronnie Leon Tramble Mailer, joined the Change.org petition to (2) According to the Department of Health was sentenced to 15 years in prison on shut down the adult services section of and Human Services, human trafficking is charges of sex trafficking through force, Backpage.com, stating, ‘‘For the sake of the the fastest growing criminal enterprise in fraud and coercion for forcing more than 5 Village Voice brand and for the sake of the the world. young women and minors into prostitution legacy of a great publication, take down the (3) Experts estimate that up to 300,000 chil- over a period of at least 5 years throughout adult section of Backpage.com, before the dren are at risk of sexual exploitation each the State of Washington. Ronnie Tramble Village Voice must answer for yet another year in the United States. constantly subjected the victims to brutal child who is abused and exploited because (4) Experts estimate that the average fe- physical and emotional abuse during this you did not do enough to prevent it.’’ male victim of sex trafficking is forced into time period. Ronnie Tramble used (30) On March 30, 2012, a private equity prostitution for the first time between the Backpage.com to facilitate the prostitution. firm owned by Goldman Sachs Group, Inc. ages of 12 and 14 and the average male victim (16) According to AIM Group, 80 percent of completed a deal to sell its 16 percent owner- is forced into prostitution for the first time online prostitution advertising revenue for ship stake in Village Voice Media Holdings, between the ages of 11 and 13. the month of February 2012 was attributed to LLC back to management. (5) The Bureau of Justice Statistics found Backpage.com. (31) In M.A., ex rel. P.K. v. Village Voice that 40 percent of incidents investigated by (17) According to AIM Group, the number Media Holdings (809 F. Supp. 2d 1041 (2011)), federally funded task forces on human traf- of Backpage.com advertisements for ‘‘es- the United States District Court for the ficking between 2008 and 2010 involved the corts’’ and ‘‘body rubs,’’ a thinly veiled code Eastern District of Missouri held that sec- sexual exploitation of a child. for prostitution, increased by nearly 5 per- tion 230 of the Communications Act of 1934 (6) According to the classified advertising cent from February 2011 to February 2012. (47 U.S.C. 230) (as added by the Communica- consultant Advanced Interactive Media (18) According to AIM Group, tions Decency Act of 1996 (Public Law 104– Group (referred to in this subsection as Backpage.com earned an estimated 104; 110 Stat. 56)) protects Backpage.com ‘‘AIM Group’’), Backpage.com is the leading $26,000,000 between February 2011 and Feb- from civil liability for the ‘‘horrific victim- United States website for prostitution adver- ruary 2012 from prostitution ads. ization’’ the teenage plaintiff suffered at the tising. (19) Backpage.com vice president, Carl hands of the criminal who posted on the (7) Backpage.com is owned by Village Ferrer acknowledged to the National Asso- website to perpetrate her vicious crimes. Voice Media Holdings, LLC (referred to in ciation of Attorneys General that the com- (32) The Communications Decency Act of this section as ‘‘Village Voice Media’’). pany identifies more than 400 ‘‘adult enter- 1996 (Public Law 104–104; 110 Stat. 56)) does

VerDate Mar 15 2010 05:04 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.072 S25APPT1 smartinez on DSK6TPTVN1PROD with SENATE April 25, 2012 CONGRESSIONAL RECORD — SENATE S2741 not preclude a service provider from volun- him to the bill S. 1925, to reauthorize authorized to meet during the session tarily removing a portion of a website, the Violence Against Women Act of of the Senate on April 25, 2012, at 9:30 known to facilitate the sexual exploitation 1994; which was ordered to lie on the a.m. of minors, in order to protect our children. table; as follows: The PRESIDING OFFICER. Without (b) SENSE OF CONGRESS.—It is the sense of Congress that Congress— At the appropriate place, insert the fol- objection, it is so ordered. (1) supports the efforts of law enforcement lowing: COMMITTEE ON VETERANS’ AFFAIRS agencies to provide training on how to iden- SEC. lll. CRIME VICTIMS FUND. Mr. DURBIN. Mr. President, I ask tify victims of sex trafficking, investigate Notwithstanding any other provision of unanimous consent that the Com- cases of sex trafficking, prosecute sex traf- law, amounts deposited or available in the mittee on Veterans’ Affairs be author- Fund established under section 1402 of the ficking offenses, and rescue victims of sex ized to meet during the session on trafficking; Victims of Crime Act of 1984 (42 U.S.C. 10601) (2) supports Federal Government, State in any fiscal year in excess of 35 percent of April 25, 2012 in room 138 of the Senate and local government, non-profit, and faith- the total funds in the Fund shall not be Dirksen Office Building, beginning at based services for trafficking victims, in- available for obligation until the following 9:30 am. cluding medical, legal, mental health, hous- fiscal year. The PRESIDING OFFICER. Without ing and other social services; and f objection, it is so ordered. (3) calls on Village Voice Media to act as a SUBCOMMITTEE ON HOUSING, TRANSPORTATION, responsible global citizen and immediately AUTHORITY FOR COMMITTEES TO AND COMMUNITY DEVELOPMENT eliminate the ‘‘adult entertainment’’ section MEET of the classified advertising website Mr. DURBIN. Mr. President, I ask COMMITTEE ON AGRICULTURE, NUTRITION, AND Backpage.com to terminate the website’s unanimous consent that the Com- FORESTRY rampant facilitation of online sex traf- mittee on Banking, Housing, and ficking. Mr. DURBIN. Mr. President, I ask Urban Affairs’ Subcommittee on Hous- unanimous consent that the Com- ing, Transportation, and Community SA 2087. Mr. KYL submitted an mittee on Agriculture, Nutrition, and Development be authorized to meet amendment intended to be proposed by Forestry be authorized to meet during during the session of the Senate on him to the bill S. 1925, to reauthorize the session of the Senate on April 25, April 25, 2012, at 10 a.m., to conduct a the Violence Against Women Act of 2012, at 9 a.m. in room SR–328A of the hearing entitled ‘‘Helping Responsible 1994; which was ordered to lie on the Russell Senate Office Building. Homeowners Save Money Through Re- table; as follows: The PRESIDING OFFICER. Without financing.’’ At the appropriate place, insert the fol- objection, it is so ordered. The PRESIDING OFFICER. Without lowing: COMMITTEE ON FINANCE objection, it is so ordered. ll SEC. . LIMITATION ON DEFENSES. Mr. DURBIN. Mr. President, I ask SUBCOMMITTEE ON PERSONNEL (a) IN GENERAL.—Chapter 221 of title 18, unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask United States Code, is amended by adding at mittee on Finance be authorized to the end the following: unanimous consent that the Sub- meet during the session of the Senate committee on Personnel of the Com- ‘‘§ 3447. Limitation on defenses on April 25, 2012, at 10 a.m., in room 215 mittee on Armed Services be author- ‘‘Foreign or religious law or custom shall of the Dirksen Senate Office Building, ized to meet during the session of the not be a defense to any offense under this to conduct a hearing entitled ‘‘Tax Re- title.’’. Senate on April 25, 2012, at 2 p.m. form: What It Means for State and The PRESIDING OFFICER. Without (b) TECHNICAL AND CONFORMING AMEND- Local Tax and Fiscal Policy.’’ MENT.—The table of sections for chapter 221 objection, it is so ordered. of title 18, United States Code, is amended by The PRESIDING OFFICER. Without objection, it is so ordered. SUBCOMMITTEE ON STRATEGIC FORCES inserting after the item relating to section Mr. DURBIN. Mr. President, I ask 3446 the following: COMMITTEE ON HEALTH, EDUCATION, LABOR, unanimous consent that the Sub- ‘‘3447. Limitation on defenses.’’. AND PENSIONS Mr. DURBIN. Mr. President, I ask committee on Strategic Forces of the Committee on Armed Services be au- SA 2088. Mr. CRAPO submitted an unanimous consent that the Com- amendment intended to be proposed by mittee on Health, Education, Labor, thorized to meet during the session of him to the bill S. 1925, to reauthorize and Pensions be authorized to meet the Senate on April 25, 2012 at 1 p.m. the Violence Against Women Act of during the session of the Senate on The PRESIDING OFFICER. Without 1994; which was ordered to lie on the April 25, 2012, at 10 a.m. in SH–216. objection, it is so ordered. table; as follows: The PRESIDING OFFICER. Without f At the appropriate place, insert the fol- objection, it is so ordered. CONGRATULATING THE BOSTON lowing: COMMITTEE ON HOMELAND SECURITY AND COLLEGE MEN’S ICE HOCKEY SEC. lll. CRIME VICTIMS FUND. GOVERNMENTAL AFFAIRS TEAM Notwithstanding any other provision of Mr. DURBIN. Mr. President, I ask Mr. REED. Mr. President, I ask unan- law, amounts deposited or available in the unanimous consent that the Com- imous consent that the Senate proceed Fund established under section 1402 of the mittee on Homeland Security and Gov- to the consideration of S. Res. 437, sub- Victims of Crime Act of 1984 (42 U.S.C. 10601) ernmental Affairs be authorized to in any fiscal year shall be available for obli- mitted earlier today. meet during the session of the Senate gation in that fiscal year. The PRESIDING OFFICER. The on April 25, 2012, at 9:30 a.m. clerk will report the resolution by The PRESIDING OFFICER. Without SA 2089. Mr. CRAPO submitted an title. objection, it is so ordered. amendment intended to be proposed by The bill clerk read as follows: COMMITTEE ON THE JUDICIARY him to the bill S. 1925, to reauthorize A resolution (S. Res. 437) congratulating the Violence Against Women Act of Mr. DURBIN. Mr. President, I ask the Boston College men’s ice hockey team on 1994; which was ordered to lie on the unanimous consent that the Com- winning its fifth National Collegiate Ath- table; as follows: mittee on the Judiciary be authorized letic Association Division I Men’s Hockey At the appropriate place, insert the fol- to meet during the session of the Sen- Championship. lowing: ate on April 25, 2012, at 9:30 a.m. in There being no objection, the Senate SEC. lll. CRIME VICTIMS FUND. room SD–226 of the Dirksen Senate Of- proceeded to consider the resolution. Notwithstanding any other provision of fice Building, to conduct a hearing en- Mr. REED. Mr. President, I ask unan- law, amounts deposited or available in the titled ‘‘Oversight of the Department of imous consent that the resolution be Fund established under section 1402 of the Homeland Security.’’ agreed to, the preamble be agreed to, Victims of Crime Act of 1984 (42 U.S.C. 10601) The PRESIDING OFFICER. Without the motions to reconsider be laid upon in any fiscal year in excess of $1,000,000,000 objection, it is so ordered. shall not be available for obligation until the the table, with no intervening action following fiscal year. COMMITTEE ON RULES AND ADMINISTRATION or debate, and any statements be print- Mr. DURBIN. Mr. President, I ask ed in the RECORD. SA 2090. Mr. CRAPO submitted an unanimous consent that the Com- The PRESIDING OFFICER. Without amendment intended to be proposed by mittee on Rules and Administration be objection, it is so ordered.

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Without proceeded to consider the resolution. sociation (referred to in this preamble as the objection, it is so ordered. ‘‘NCAA’’) Division I Men’s Hockey Cham- Mr. REED. Mr. President, I further pionship; ask that the resolution be agreed to, f Whereas the 2012 NCAA Division I Men’s the preamble be agreed to, the motions Hockey Championship is the fifth national to reconsider be laid upon the table, championship for the Boston College Eagles with no intervening action or debate, ORDERS FOR THURSDAY, APRIL men’s ice hockey team; and that any statements relating to 26, 2012 Whereas the 2012 NCAA Division I Men’s the measure be printed in the RECORD Hockey Championship is the third national Mr. REED. Mr. President, I ask unan- championship in the last 5 years for Boston at the appropriate place. imous consent that when the Senate College and its head coach, Jerry York; The PRESIDING OFFICER. Without completes its business today, it ad- Whereas Jerry York has the most wins of objection, it is so ordered. journ until Thursday, April 26, at 9:30 any active coach in NCAA Division I Men’s The resolution (S. Res. 438) was a.m.; that following the prayer and the Hockey; agreed to. pledge, the Journal of proceedings be Whereas Father William P. Leahy, S.J., The preamble was agreed to. approved to date, the morning hour be the President of Boston College, and Gene The resolution, with its preamble, deemed expired, and the time for the DeFilippo, the Athletic Director of Boston reads as follows: College, have shown great leadership in two leaders be reserved for their use bringing athletic success to Boston College; S. RES. 438 later in the day; that the Senate re- Whereas the semifinal games and final Whereas each year, the underground util- sume consideration of S. 1925, the Vio- game of the NCAA Division I Men’s Hockey ity infrastructure of the United States, in- lence Against Women Reauthorization Tournament are known as the ‘‘Frozen cluding pipelines, electric, gas, tele- Act, under the previous order; that Four’’; communications, water, sewer, and cable tel- evision lines, is jeopardized by unintentional after the remarks of the two leaders, Whereas junior goaltender Parker Milner the time until 11:30 a.m. be equally di- was named the Most Outstanding Player of damage caused by those who fail to have un- the Frozen Four after allowing only 2 goals derground lines located prior to digging; vided and controlled between the two during the entire NCAA Division I Men’s Whereas some utility lines are buried only leaders or their designees, with the Re- Hockey Tournament; a few inches underground, making the lines publicans controlling the first 45 min- Whereas Boston College finished the 2011– easy to strike, even during shallow digging utes and the majority controlling the 2012 men’s hockey season on a 19-game win- projects; second 45 minutes; and that at 11:30 Whereas digging prior to locating under- ning streak, which is a single-season team a.m. the Senate proceed to executive ground utility lines often results in unin- record; session under the previous order; fur- Whereas, on February 13, 2012, Boston Col- tended consequences, such as service inter- lege won its third consecutive Beanpot ruption, environmental damage, personal in- ther, that when the Senate resumes Championship, defeating Boston University jury, and even death; legislative session, the majority leader in sudden death overtime by a score of 3 to Whereas the month of April marks the be- will be recognized. 2; ginning of the peak period during which ex- The PRESIDING OFFICER. Without Whereas, on March 17, 2012, Boston College cavation projects are carried out around the objection, it is so ordered. won its third consecutive Hockey East United States; Championship, defeating the University of Whereas in 2002, Congress required the De- f Maine by a score of 4 to 1; partment of Transportation and the Federal Whereas, on April 5, 2012, Boston College Communications Commission to establish a defeated the University of Minnesota in a 3-digit, nationwide, toll-free number to be PROGRAM used by State ‘‘One Call’’ systems to provide Frozen Four semifinal game by a score of 6 Mr. REED. Mr. President, there will to 1 to advance to the national championship information on underground utility lines; be two votes tomorrow at noon on con- game; and Whereas in 2005, the Federal Communica- Whereas Boston College won the Frozen tions Commission designated ‘‘811’’ as the firmation of the Costa and Guaderrama Four championship game with a victory over nationwide ‘‘One Call’’ number for home- nominations. Ferris State University by a score of 4 to 1: owners and excavators to use to obtain infor- Now, therefore, be it mation on underground utility lines before f Resolved, That the Senate— conducting excavation activities; (1) recognizes the achievements of the Whereas ‘‘One Call’’ has helped reduce the number of digging damages caused by failure ADJOURNMENT UNTIL 9:30 A.M. players, coaches, students, and staff whose TOMORROW hard work and dedication helped Boston Col- to call before digging from 48 percent in 2004 lege win the 2012 National Collegiate Ath- to 32 percent in 2010; The PRESIDING OFFICER. Mr. letic Association Division I Men’s Hockey Whereas the 1,400 members of the Common President, if there is no further busi- Championship; and Ground Alliance, who are dedicated to ensur- ing public safety, environmental protection, ness to come before the Senate, I ask (2) respectfully requests that the Secretary unanimous consent that it adjourn of the Senate transmit an enrolled copy of and the integrity of services, promote the this resolution to— national ‘‘Call Before You Dig’’ campaign to under the previous order. (A) Father William P. Leahy, S.J., the increase public awareness about the impor- There being no objection, the Senate, President of Boston College; tance of homeowners and excavators calling at 6:33 p.m., adjourned until Thursday, (B) Gene DeFilippo, the Athletic Director 811 to find out the exact location of under- April 26, 2012, at 9:30 a.m. of Boston College; and ground lines; and Whereas the Common Ground Alliance has (C) Jerry York, the head coach of the Bos- f ton College men’s ice hockey team. designated April as ‘‘National Safe Digging Month’’ to increase awareness of safe digging practices across the United States and to NOMINATIONS f celebrate the anniversary of 811, the national Executive nominations received by ‘‘Call Before You Dig’’ number: NATIONAL SAFE DIGGING MONTH Now, therefore, be it the Senate: Mr. REED. Mr. President, I ask unan- Resolved, That the Senate— THE JUDICIARY (1) supports the goals and ideals of Na- imous consent that the Senate proceed TERRENCE G. BERG, OF MICHIGAN, TO BE UNITED tional Safe Digging Month; and STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT to the immediate consideration of S. (2) encourages all homeowners and exca- OF MICHIGAN, VICE ARTHUR J. TARNOW, RETIRED. Res. 438, which was submitted earlier JESUS G. BERNAL, OF CALIFORNIA, TO BE UNITED vators throughout the United States to call STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT today by Senator LAUTENBERG. 811 before digging. OF CALIFORNIA, VICE STEPHEN G. LARSON, RESIGNED.

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SHELLY DECKERT DICK, OF LOUISIANA, TO BE UNITED UNITED STATES SENTENCING COMMISSION IN THE ARMY STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF LOUISIANA, VICE RALPH E. TYSON, DECEASED. CHARLES R. BREYER, OF CALIFORNIA, TO BE A MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LORNA G. SCHOFIELD, OF NEW YORK, TO BE UNITED BER OF THE UNITED STATES SENTENCING COMMISSION IN THE GRADE INDICATED IN THE UNITED STATES ARMY STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT FOR A TERM EXPIRING OCTOBER 31, 2015, VICE RUBEN UNDER TITLE 10, U.S.C., SECTIONS 531 AND 1211: OF NEW YORK, VICE SHIRA A. SCHEINDLIN, RETIRED. CASTILLO, TERM EXPIRED. To be major CHADWICK B. FLETCHER

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HONORING UNIVERSITY OF TEN- CONGRATULATIONS TO COMBAT I have no doubt she will exhibit the same dedi- NESSEE WOMEN’S BASKETBALL MEDICAL SYSTEMS cation and character in all her future accom- COACH PAT SUMMITT plishments. HON. RENEE L. ELLMERS f HON. DAVID P. ROE OF NORTH CAROLINA HONORING ROBERTA ROPER IN THE HOUSE OF REPRESENTATIVES OF TENNESSEE Wednesday, April 25, 2012 HON. STENY H. HOYER IN THE HOUSE OF REPRESENTATIVES Mrs. ELLMERS. Mr. Speaker, I rise today to OF MARYLAND Wednesday, April 25, 2012 offer my congratulations to the Men and IN THE HOUSE OF REPRESENTATIVES Women of Combat Medical Systems on the Wednesday, April 25, 2012 Mr. ROE of Tennessee. Mr. Speaker, I rise opening of their new office in Fayetteville, Mr. HOYER. Mr. Speaker, today I rise to today to honor University of Tennessee wom- North Carolina. honor the work of a remarkable woman from en’s basketball coach Pat Summitt for her One year ago this month, Fayetteville suf- Maryland, Roberta Roper, and to express to hard work, courage, and perseverance. Pat, fered from a sudden and devastating outbreak her the appreciation felt by so many across like me, is from Clarksville, Tennessee. We of tornadoes. These storms ripped through our our state and throughout the country. share a love for basketball, and it has been an region and caused horrendous damage to In 1982, Roberta and her family faced their honor to watch her lead the Lady Vols for homes, businesses, and personal property. I darkest days when they learned that their nearly forty years. Pat’s commitment to excel- was told of the bravery of their staff and Presi- daughter, Stephanie—a talented artist and col- lence has resulted in almost 1,100 wins, mak- dent, Corey Russ, who, as a retired Delta lege student—had been kidnapped, raped, ing her the winningest basketball coach in Force medic, began treating casualties and and murdered. While struggling with her own NCAA history. handing out thousands of dollars of company personal pain and grief, Roberta learned that What is most impressive about Pat isn’t her equipment to strangers so that they could help there were no supportive services for her and .840 winning percentage or her her eight na- others in the area and transport casualties to her family as they struggled with the loss of tional championships. Nor is it her ability to nearby hospitals. their daughter. Even more devastating was run laps with, and sometimes around, her One year later, our communities continue to that the criminal justice system lacked the teams, or the intense stare that I am sure is rebuild and we can take pride in the new rights and support they needed as family still burned into the minds of some of the la- homes and buildings that have been erected. members of a murder victim. dies on her 1974 inaugural team. What im- We must continue to remember the individuals That same year, to honor the memory of presses me most about Pat is the way she that perished in this disaster and honor their their daughter and to address the inadequa- does everything in her life with heart and to legacy through the care and rebuilding of our cies between the rights of a defendant and the best of her ability. When she announced community. those of a victim of crime, Roberta and her her condition last August, I was impressed Combat Medical Systems and its employees husband, Vince, founded the Stephanie Roper both by her courage to fight Alzheimer’s in a show the dedication and determination we all Foundation. The Foundation’s mission has very public way, as well as her leadership in aspire to as we rebuild and survive in the face been to provide supportive services to crime founding the Pat Summitt Foundation Fund. of unforeseen obstacles. This courage em- victims across Maryland for thirty years. They According to the Alzheimer’s Association, 5.4 bodies the spirit of our nation and fuels our also established the Stephanie Roper Com- million Americans are currently living with Alz- economy. I commend them on their willing- mittee, the Foundation’s legislative arm, which heimer’s. By sharing her story, Pat has un- ness to give back to the community and on has resulted in over sixty laws enacted to cre- doubtedly helped to bring awareness to this the successes they have rightly earned. ate new or improved crime-victim rights and disease. I’d be one sorry fan if I didn’t also Again, I congratulate them on the opening services. point out that, despite her condition, last sea- of their new office. May God bless them, their With Roberta’s active encouragement, the son Pat still led the Lady Vols to the NCAA families, and our great nation. Maryland General Assembly created the State tournament. f Board of Victim Services in 1988. This Board offers recommendations to the legislature and Pat Summitt has left the UT community with AUJANAE VALDEZ an amazing legacy and I have no doubt she to the Governor on matters concerning state will continue to faithfully serve the University in and local efforts to assist victims of crime. In her new role as head coach emeritus. I also HON. ED PERLMUTTER 1994, Roberta was appointed as Chair of the look forward to seeing great things from her OF COLORADO Board, a position she held until her retirement son, Tyler, as he follows in his mother’s foot- IN THE HOUSE OF REPRESENTATIVES last October. In 2002, the Foundation merged with the steps. My thoughts and prayers are with Pat Wednesday, April 25, 2012 and Tyler as they move forward on this jour- Maryland Crime Victim Resource Center, a ney together. Mr. PERLMUTTER. Mr. Speaker, I rise one-stop, statewide non-profit that provides today to recognize and applaud Aujanae victim services, crisis assistance, legal help, Valdez for receiving the Arvada Wheat Ridge f victim notification, financial help, social serv- Service Ambassadors for Youth award. ices, and links to national victim resources. PERSONAL EXPLANATION Aujanae Valdez is a 12th grader at Jefferson Roberta’s activism since her daughter’s Senior High and received this award because tragic death in 1982 led her to so many impor- her determination and hard work have allowed tant accomplishments benefitting my home HON. JIM GERLACH her to overcome adversities. state. These include the creation of the Mary- The dedication demonstrated by Aujanae land Victims of Crime Fund, legislation ensur- OF PENNSYLVANIA Valdez is exemplary of the type of achieve- ing victims and their families a place in the IN THE HOUSE OF REPRESENTATIVES ment that can be attained with hard work and courtroom and a voice during the sentencing Wednesday, April 25, 2012 perseverance. It is essential students at all process, the creation of new support and serv- levels strive to make the most of their edu- ices for victims and their loved ones, as well Mr. GERLACH. Mr. Speaker, unfortunately, cation and develop a work ethic which will as the ratification of an amendment to the on April 24, 2012, I missed one recorded vote guide them for the rest of their lives. Maryland Constitution guaranteeing crime vic- on the House floor. I ask that the RECORD re- I extend my deepest congratulations to tims the right to be informed, present, and flect that had I been present, I would have Aujanae Valdez for winning the Arvada Wheat heard throughout the investigatory and judicial voted ‘‘aye’’ on Rollcall 178. Ridge Service Ambassadors for Youth award. process.

∑ 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 06:12 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.001 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS E640 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2012 In addition to her tireless efforts to improve stands as a moment of pride for the Jewish West Neighbors in Action, which cater to the victims’ treatment, Roberta serves as Co-Chair people, and a foreshadowing of the new Jew- homeless. He has also worked at the Rose of the National Victims Constitutional Amend- ish spirit that would rise with the State of Mary Center, West Side Community House, ment Network—a network of states working Israel just a few years later. Never again West Side Catholic Center and currently, Care with Congress to enact a Constitutional would Jews give up without a fight. With a Alliance. amendment establishing meaningful and en- state and an army, the Jewish people would fi- Because of his relentless work to support forceable rights for every crime victim in this nally have a refuge to run to in their time of those in need, today, at the Bishop Cosgrove country. need. Center, the Cleveland Tenants Organization Today, I join in honoring Roberta Roper for While we commemorate the Holocaust and the Northeast Ohio Coalition for the turning a deeply saddening and difficult trag- today, I call on my colleagues to join me in re- Homeless are coming together to honor his edy into a thirty-year movement to provide affirming our connection to the State of Israel, lifetime of service. crime victims and their families a greater and our responsibility to help Israel through its voice. most difficult times. The Jewish State ensures Mr. Speaker and colleagues, please join me Stephanie Roper once said: ‘‘One person the survival of the Jewish people in a dan- in congratulating Mr. Jim Schlecht. His faith can make a difference, and every person gerous and often anti-Semitic world, which is has guided him into a life of service which is should try.’’ Roberta Roper has built a lasting one of the many reasons we in the United unparalleled. legacy in her daughter’s name by doing just States have stood by Israel for so many years that—and we are all better off for it. and will continue to stand by Israel for as long f f as they need our help. HONORING JOHN ‘‘JAY’’ The memory of the six million killed by the DALICANDRO PERSONAL EXPLANATION Nazis demands no less. We in Congress stand with the entire Jewish people in saying HON. TIMOTHY V. JOHNSON Never Again. HON. MIKE QUIGLEY OF ILLINOIS f OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES AUDREY ARAGON Wednesday, April 25, 2012 IN THE HOUSE OF REPRESENTATIVES Mr. JOHNSON of Illinois. Mr. Speaker, on HON. ED PERLMUTTER Wednesday, April 25, 2012 Tuesday April 24, 2012 I had obligations that OF COLORADO Mr. QUIGLEY. Mr. Speaker, I rise today to necessitated my attention in my district and IN THE HOUSE OF REPRESENTATIVES recognize the long and distinguished career of missed a suspension vote on H.R. 2157, to fa- John ‘‘Jay’’ Dalicandro. Mr. Dalicandro, who cilitate a land exchange involving certain Na- Wednesday, April 25, 2012 honorably serves the Village of Elmwood Park tional Forest System lands in the Inyo National Mr. PERLMUTTER. Mr. Speaker, I rise as village manager, plans to retire this June Forest. Had I been present for this vote, I today to recognize and applaud Audrey Ara- after 23 years of service. would have cast an ‘‘aye’’ vote for this piece gon for receiving the Arvada Wheat Ridge of legislation. Service Ambassadors for Youth award. Au- A native of Elmwood Park, Jay has re- Again, had I been present, I would have drey Aragon is a 12th grader at Jefferson Sen- mained a part of the community throughout his voted ‘‘aye’’ on H.R. 2157. ior High and received this award because her life. To date Mr. Dalicandro is the longest- f determination and hard work have allowed her serving Village Manager Elwood Park has to overcome adversities. ever had and his retirement will leave some THE HOLOCAUST The dedication demonstrated by Audrey Ar- big shoes to fill. Jay is admired by those in his agon is exemplary of the type of achievement community for his enduring devotion to the Vil- SPEECH OF that can be attained with hard work and perse- lage of Elmwood Park and his service is to be HON. SHELLEY BERKLEY verance. It is essential students at all levels commended. OF NEVADA strive to make the most of their education and During his tenure as Village Manager, Jay IN THE HOUSE OF REPRESENTATIVES develop a work ethic which will guide them for has done a tough job very well. He has been the rest of their lives. responsible for day-to-day operations of the Thursday, April 19, 2012 I extend my deepest congratulations to Au- Village of Elmwood Park. Most people in Jay’s Ms. BERKLEY. Mr. Speaker, I rise today to drey Aragon for winning the Arvada Wheat position remain as Village Manager for a short mark Yom HaShoah, Holocaust Remem- Ridge Service Ambassadors for Youth award. stint before moving on to another position, but brance Day. Each year on the 27th day of the I have no doubt she will exhibit the same dedi- Jay’s commitment to the people of Elmwood Jewish month of Nisan, we remember the vic- cation and character in all her future accom- Park for the past 23 years demonstrates his tims whose lives were destroyed, and who plishments. sincere devotion to the wellbeing of the com- suffered unspeakable brutalities at the hands f munity. of their Nazi tormentors. We all know the num- IN HONOR OF MR. JIM SCHLECHT Mr. Dalicandro’s vision for the Village of ber six million far too well, but we must always Elmwood Park has impressed his peers and remember that each of those six million— ensured a bright future for the Village. Jay’s along with so many others—was an individual HON. DENNIS J. KUCINICH accomplishments as Village Manager include whose life was snuffed out because of base- OF OHIO establishing the Village’s first tax increment fi- less, senseless hatred. IN THE HOUSE OF REPRESENTATIVES nance district, superb handling of the Villages We should also remember that the date for finances, and a commitment to establishing Yom HaShoah was also chosen to coincide Wednesday, April 25, 2012 new parkland for the Village. In addition to with the anniversary of the Warsaw Ghetto Mr. KUCINICH. Mr. Speaker, I rise today in these accomplishments, Mr. Dalicandro has Uprising of 1943, perhaps the most famous honor of Mr. Jim Schlecht, who is being recog- succeeded in ensuring the Village’s fiscal sta- example of Jewish resistance to the Nazis. nized for his work serving the homeless. bility by consistently staying under budget. When the Germans came to liquidate the last Born and raised in Euclid, Ohio, Jim has remaining inhabitants of the Warsaw Ghetto in been a lifelong Cleveland area resident. While Jay is credited as being the man who order to murder them at the Treblinka extermi- attending Cleveland State University, he and a brought the Village of Elmwood Park into the nation camp, these brave, untrained, over- group of progressive Catholics joined together 21st century. His colleagues recognize the matched and starving souls fought back. at Merton Community’s Houses of Hospitality hard work he has invested into the community. Though they were ultimately crushed, they in Cleveland’s Near West Side neighborhood Undoubtedly, the impact Jay has had on the held out against the Nazis for nearly a month, to begin serving the community’s less fortu- Village of Elmwood Park will be seen for years forcing the German army to divert thousands nate. and decades to come. of troops, as well as air force, artillery, armed Throughout the years, Jim has become one Mr. Speaker, I ask my colleagues to join me vehicles, minethrowers, and machine guns in of Ohio City’s most well-known residents. He in recognizing Jay Dalicandro and his commit- order to put down the rebellion. has worked to establish health centers, ment to public service in his community. The While the Holocaust is the greatest of Jew- schools, book stores, social service agencies devotion he has demonstrated to his work in ish tragedies, the Warsaw Ghetto Uprising and community organizations, such as Near the Village serves as an example to us all.

VerDate Mar 15 2010 06:12 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A25AP8.001 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 25, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E641 PERSONAL EXPLANATION HONORING BIRUTA STAKLE the institution. African-Americans in the Texas MCSHANE Legislature advocated for and supported the HON. ADAM B. SCHIFF passage of the Morrill Land-Grant Act in 1866, which established the A&M College of Texas OF CALIFORNIA HON. JEFF DENHAM between 1876 and 1963. African-Americans IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA worked at A&M as laborers, maids, custodians IN THE HOUSE OF REPRESENTATIVES Wednesday, April 25, 2012 and various other support staff; however they Wednesday, April 25, 2012 Mr. SCHIFF. Mr. Speaker, I was unavoid- were prohibited from attending as students ably absent from the House on April 24, 2012 Mr. DENHAM. Mr. Speaker, I rise today to and faculty. due to important commitments in my district. acknowledge and honor the life of a beloved The history of African-Americans at A&M has been shaped by decades of racial seg- On rollcall 178, had I been present I would mother and wife, Biruta Stakle McShane. She regation, quiet desegregation, and attempts to have voted ‘‘yea’’ on H.R. 2157, to facilitate a was born Biruta Isolda Stakle in Riga, Latvia redress historical wrongs. It has been filled land exchange involving certain National For- April 21, 1940, and passed away surrounded with lifelong struggles and determination to ful- est System lands in the Inyo National Forest. by her family on April 14, 2012, in Cupertino, California. fill a dream which was accomplished when A&M opened the doors in 1963 to African f Biruta immigrated to Oklahoma following the close of World War II after living for some time Americans. The past 37 years have been a IN RECOGNITION OF DAVE in Germany. Raised in Stillwater, she attended continuing struggle by African-Americans and CSINTYAN IN HONOR OF HIS Oklahoma State University, where she grad- A&M to ensure that the dream is kept alive. The first African-Americans joined the corps SERVICE TO THE COLORADO uated with honors in Mathematics. Shortly in 1964. The first female cadets came a dec- SPRINGS CHAMBER OF COM- thereafter, she moved to Dallas, Texas, where ade later. In A&M’s centennial year, Fred MERCE she met and married Thomas McShane. McClure won election as body president, mak- Biruta and Tom moved to Burlingame, Cali- ing him the first to be equal to that of Corps fornia and started a family. During her career, HON. DOUG LAMBORN Commander and Aggie Yell Leader. Biruta worked in various marketing roles for OF COLORADO CIVIL RIGHTS several Silicon Valley Companies, before ulti- IN THE HOUSE OF REPRESENTATIVES Civil rights is a subject that cannot be ig- mately starting her own businesses, Meetings nored or taken lightly, even in this day of pro- Wednesday, April 25, 2012 & Incentives Group and Bimark Incorporated. gressive movement toward tolerance. We Mr. LAMBORN. Mr. Speaker, I rise today to Meetings and Incentives Group is one of the must not lose sight of the continued need for pay tribute and say thank you to the outgoing leading event planning groups in Silicon Valley civil rights. We must not relax our initiatives President and CEO of the Greater Colorado and Bimark Inc. specializes in advertising spe- which build greater racial, ethnic, and religious Springs Chamber of Commerce, Dave cialty items. Biruta served as president of the tolerance. While I believe that there is still Csintyan. Northern California Chapter of the Business work to be done on the issue of civil rights Dave has been a dedicated and devoted Marketing Association and was honored re- and hurdles to overcome, we cannot ignore servant to our region and our Chamber since peatedly as owner of one of Silicon Valley’s the progress that has been made as the result 2002. He has also loyally served our country top twenty women-owned businesses. of decades of hard work, diligence, the sweat for 28 years as an officer in the United States Biruta is remembered for her love of travel and tears of many of our country’s civil rights Air Force. The culmination of that career was and cooking. She explored the globe and trailblazers. in Colorado Springs serving as the Air Base planned exotic events for some of Silicon Val- This is evidenced by an increase in the Wing Commander at the Air Force Academy. ley’s most successful businesses. She was fa- numbers of minorities attaining leadership po- Dave accepted new challenges this year in mous for her endless energy, creativity and sitions in the private and public sectors for ex- guiding the merger of the Springs Chamber zest for making other people’s lives unforget- ample: Ken Chenault, an African American and the Economic Development Corporation. table through her event planning. who currently serves as the CEO of American He is a passionate worker and advocate for Biruta is survived by her husband, Tom Express; Ursula Burns, who became the first the Pikes Peak Region and I offer him my sin- McShane, her daughter Laura Powers of San African American woman to serve as Chair- cerest thanks and wish he and his wife Margo Ramon, daughter Alison Aarts of Millbrae and man and CEO of Xerox, a Fortune 500 Com- the best of success in their future service. son Steve McShane of Salinas. Biruta is also pany; and Antonio Perez, the first Latino survived by her four grandchildren, Jack Pow- American to serve as CEO of Eastman Kodak f ers, Shane Powers, Cooper Powers and Aidan Corporation to name a few. Aarts. BAILEY BATISTE BACKGROUND ON MARQUIS ALEXANDER Mr. Speaker, please join me in honoring He is the oldest of 10 children and the first Biruta Stakle McShane for her accomplish- in his family to go to college. He is said to be HON. ED PERLMUTTER ments and contributions. The life of Biruta an admirable and mature young man. Mr. OF COLORADO Stakle McShane serves as an example of ex- Alexander is currently a Corporal in the Marine IN THE HOUSE OF REPRESENTATIVES cellence to those in her life, and her legacy Reserves. He has become the first person Wednesday, April 25, 2012 will not be soon forgotten. with military experience to head the Corps. f Texas A&M University has the proud distinc- Mr. PERLMUTTER. Mr. Speaker, I rise tion of having the most graduates to enlist in MARQUIS ALEXANDER, FUTURE today to recognize and applaud Bailey Batiste our nation’s armed forces when compared to COMMANDER OF TEXAS A&M for receiving the Arvada Wheat Ridge Service other non-military academies. Ambassadors for Youth award. Bailey Batiste UNIVERSITY’S CORPS OF CADETS Marquis Alexander grew up in my home city is a 7th grader at Mandalay Middle School of Houston. And our city is proud of his and received this award because her deter- HON. SHEILA JACKSON LEE achievements. Marquis has always wanted to mination and hard work have allowed her to OF TEXAS attend Texas A&M. He was so ‘‘gung-ho’’ mili- overcome adversities. IN THE HOUSE OF REPRESENTATIVES tary that he participated in Texas A&M’s Jun- The dedication demonstrated by Bailey Ba- Wednesday, April 25, 2012 ior Cadet Accessions Program while still in tiste is exemplary of the type of achievement high school. A week after enlisting in the Ma- that can be attained with hard work and perse- Ms. JACKSON LEE of Texas. Mr. Speaker, rine Corps, he received his letter of accept- verance. It is essential students at all levels I rise today to acknowledge a milestone ance to Texas A&M University. strive to make the most of their education and reached by Marquis Alexander. He is the first Yet, true to his word and commitment, Alex- develop a work ethic which will guide them for African-American to become commander of ander attended boot camp at the Marine the rest of their lives. Texas A&M’s Corps of Cadets. Currently Mar- Corps Recruit Depot in San Diego and spent I extend my deepest congratulations to Bai- quis is a Corporal in the U.S. Marine Reserves a year and a half on active duty. He subse- ley Batiste for winning the Arvada Wheat and a rising senior majoring in International quently reverted from active duty status and is Ridge Service Ambassadors for Youth award. Studies. serving the remainder of his enlistment com- I have no doubt she will exhibit the same dedi- HISTORY OF AFRICAN-AMERICANS AT TAMU mitment in the Marine Corps Reserves. He re- cation and character in all her future accom- The history of African-Americans at Texas applied for admission to Texas A&M in 2009 plishments. A&M University dates back to the founding of and was promptly accepted.

VerDate Mar 15 2010 06:37 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.006 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS E642 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2012 He was selected following a rigorous review beings because of their ethnic, political, reli- Mr. Speaker and colleagues, please join me process in which a host of cadets are consid- gious, cultural, and biological characteristics in congratulating Nancy Doutt as she is hon- ered when leadership selections are made was atrocious. While we honor the memory of ored by the Berea Chamber of Commerce. each year. Soon he will assume duties as the millions lost during the Holocaust and the f Cadet Colonel of the Corps, the 2,100 mem- millions more who were never born because ber organization’s top leadership position, also of this unparalleled crime against humanity, HONORING THE WORLD WAR II known as Corps Commander, and one of the we must learn from the past in order to ensure VETERANS OF ILLINOIS three top positions on campus, along with that that the worst actions in history are never of student body President and Yell Leader. again repeated. HON. MIKE QUIGLEY Mr. Speaker, I commend Mr. Alexander for On this Holocaust Remembrance Day, it is OF ILLINOIS aiming high and continuing to strive above and important not only to commemorate those who IN THE HOUSE OF REPRESENTATIVES perished, but also those who refused to be by- beyond his primary goals of joining the mili- Wednesday, April 25, 2012 tary. He is a mentor and guiding light to those standers to this grave human tragedy. We who know him. I congratulate Marquis on his may take heart from the brave efforts of those Mr. QUIGLEY. Mr. Speaker, I rise to honor achievement. He has indeed risen to the top who resisted the Nazi reign of terror, in the the World War II veterans who traveled to and I hope he keeps on rising. In my office, ghettos and the camps, from the cities to the Washington, DC on April 25, 2012 with Honor I have an intern named Ashley Hawkes whose countryside. We stand in awe of the rescuers Flight Chicago, a program that provides World family has also dedicated their lives to the who, against all odds and at great personal War II veterans the opportunity to visit the military. Marquis Alexander stands as a role to risk, demonstrated moral courage the world World War II Memorial on the National Mall in young people like Ashley. Ashley was honored must honor, remember, and uphold as a Washington, DC. This memorial was built to to work on this statement, and was inspired by model for ourselves, our children, and our honor their courage and service to their coun- his story. That is why I stand here today to grandchildren. try. spread the word about his tremendous As individuals, communities, and as a na- The American Veteran is one of our great- achievement to not only honor Marquis Alex- tion, we must rededicate ourselves to ensuring est treasures. The Soldiers, Airmen, Sailors, ander but to inspire young people like Ashley that the world will never stand idly by in the Marines, and Coast Guardsmen who traveled to realize that they must continue to advance. face of mass atrocity. We must work to extin- here on April 25 answered our Nation’s call to f guish the sparks of hatred, intolerance, and vi- service during one of its greatest times of olence wherever they may be found, while need. From the European Campaign to the BRUGETTE THOMPSON nurturing in ourselves and others the seeds of Pacific Asian Theatre to the African Theater, empathy and a resistance to the indifference these brave Americans risked life and limb, HON. ED PERLMUTTER that enabled the unthinkable destruction of gave service and sacrificed much, all while OF COLORADO human life 70 years ago. embodying what it is to be a hero. We owe IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, may we let this be our monu- them more gratitude than can ever be ex- Wednesday, April 25, 2012 ment to the millions who perished in the Holo- pressed. caust. I welcome these brave veterans to Wash- Mr. PERLMUTTER. Mr. Speaker, I rise f ington and to their memorial. I am proud to today to recognize and applaud Brugette submit the names of these men and women IN RECOGNITION OF NANCY DOUTT Thompson for receiving the Arvada Wheat for all to see, hear, and recognize, and I call Ridge Service Ambassadors for Youth award. on my colleagues to rise and join me in ex- Brugette Thompson is a 12th grader at Po- HON. DENNIS J. KUCINICH pressing gratitude. mona High and received this award because OF OHIO John Abraham, Jr.; Fred Alpern; Arthur L. her determination and hard work have allowed IN THE HOUSE OF REPRESENTATIVES Barron; Elizabeth H. Bartolich; Philip her to overcome adversities. Wednesday, April 25, 2012 Bartolotta; John N. Basic; Robert R. Beazley; The dedication demonstrated by Brugette Mr. KUCINICH. Mr. Speaker, I rise today in Jerry S. Benesh; Francis J. Bialas; Victor N. Thompson is exemplary of the type of Bonneau; Robert D. Brakley; Stanley A. achievement that can be attained with hard recognition of Nancy Doutt and to acknowl- edge her receipt of the 2012 Grindstone Branauskas; LeRoy Matthias Braun; Leo B. work and perseverance. It is essential stu- Braun, Jr.; Francis Brogan; Laveryl Williams dents at all levels strive to make the most of Award by the Berea Chamber of Commerce. Nancy has dedicated her life to her community Brown; Roy V. Carlson; Gabriel A. Casalino; their education and develop a work ethic Josephine E. Chandler. which will guide them for the rest of their lives. through volunteerism. A lifelong resident of Berea, Nancy was an Melvin Chesler; Melvin A. Conviser; Ned L. I extend my deepest congratulations to active member of 4–H and graduated from Crandall; Wanda Ann Cukla; Anthony A. Brugette Thompson for winning the Arvada Berea High School in 1976. Today, Nancy is Czarnowski; Harry Dandelles; Carl William Wheat Ridge Service Ambassadors for Youth married to Steve. She works at Medical Mu- Davis; Jerome Dribin; George Druktenis, Sr.; award. I have no doubt she will exhibit the tual and is a member of the New Century Melvin A. Ehlers; Forrest J. Fischer; William same dedication and character in all her future Beatniks. Fisher; Edward Fox; Harvey Fritz; Paul A. accomplishments. As a young child, her parents ingrained a Genova; Charles C. Giovannini; Donald L. f sense of selflessness in Nancy that has trans- Glasgow; Joseph Goldenberg; Edward J. THE HOLOCAUST lated into a lifelong commitment to her com- Gorczowski; Harvey Gossell. munity. She is an active member of the Amer- Nikles K. Hagopian; LeRoy J. Hankins; SPEECH OF ican Legion Post 91 Auxiliary and Auxiliary Howard Roy Heckmann; Arthur P. Heminger; HON. NITA M. LOWEY Color Guard. She is involved with St. Mary’s Joseph Hojdik; Donald Hoskinson; John S. Church, where she is a member of the choir Houston; Colin S. Howat; Charles G. Hunt; OF NEW YORK and a Eucharistic Minister. Additionally, Nancy David Johnson; Thomas Jundanian; Irving K. IN THE HOUSE OF REPRESENTATIVES spends countless hours as a volunteer with Kannett; Lloyd L. Keiber; Joseph A. Marthaler; Thursday, April 19, 2012 Berea Arts Fest, Southwest General Health John H. McCollom; Donald T. McCollom; Ken- Mrs. LOWEY. Mr. Speaker, I rise today in Center’s Community Outreach Program and neth Joseph McDonough; Thomas P. McKale; solemn recognition of Holocaust Remem- the Berea Children’s Home. She is funda- Mavis L. McNamara; Robert E. Morin; Irene L. brance Day. Today marks the passage of al- mental in the work done by Coats for Kids, Mostek; Clarence O. Norman; Stanley T. most 70 years since the unfathomable annihi- Dress for Success, Pajama Walk and the Oboy; Robert T. Olson; Joseph Leo O’Mara, lation of six million Jewish men, women, and Hand-to-Hand leaf raking projects. Nancy also Sr.; Elijah Ostrander, Jr.; Joseph J. Paladino; children from Europe. In addition to working to personally participates in Relay for Life, Pedal Robert Pankau; Donald B. Patterson, Jr.; systematically eliminate the Jewish people, the to the Point, numerous walk-a-thons and has James D. Patton; Emanuel T. Petrakis; Nazis also targeted other marginalized groups donated more than 18 gallons of blood to the Veronica S. Potter; William J. Prindiville; Er- such as political opponents, the LGBT com- Red Cross. nest M. Reynolds; Ernest E. Rittenhouse; Wal- munity, the Roma, Soviet prisoners of war, the Because of her relentless work on behalf of ter C. Russell; Walter Jerome Sawkiw. disabled, and other religious minorities. her community, the City of Berea honored John F. Schmaling; William F. Schmidt; Mel- The effort to remove, wholly and completely, Nancy with the 2012 Spirit of Community vin Schneider; Milton Schwartz; Harry Silver; from society certain categories of human Award. Richard J. Small; Delmar J. Smith; Jarmila V.

VerDate Mar 15 2010 05:23 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.010 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 25, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E643 Stark; Cecil O. Swanson; Earl G. Thompson; groups receiving degrees in STEM disciplines day, ‘‘slipped the surly bonds of earth’’ to Stanley A. Thompson, Jr.; Clyde A. Voigt; Ber- or we will undoubtedly relinquish our global ‘‘touch the face of God.’’ I also submit for the nard J. Warchol; William K. Watson; William J. leadership in innovation and job creation. RECORD his official obituary. Weldon; Fred Wolf; Myron Wolff; Donald R. There are many reasons why the number of Chuck’s family has lost a husband, father Zirzow. underrepresented minority students receiving and grandfather. Many of us have lost a dear f degrees in STEM fields is so appallingly low. friend and brother. And, the Nation has lost a It starts at the K–12 level, where too many of BOBBY ROBERTS compelling, often-times prophetic voice with a our teachers are not well prepared to teach winsome ability to speak truth with grace math and science and too many of our about some of the most challenging issues of HON. ED PERLMUTTER schools lack even basic science laboratory the day. equipment. But even those minority students OF COLORADO Chuck’s political instincts gave him a keen IN THE HOUSE OF REPRESENTATIVES who enter college intending to major in a STEM discipline abandon science and engi- ability to effectively communicate with policy- Wednesday, April 25, 2012 neering for other fields at a much higher rate makers and politicians alike about matters of Mr. PERLMUTTER. Mr. Speaker, I rise than their peers. These young people are utmost import that are rarely given their due in today to recognize and applaud Bobby Rob- smart and motivated and small steps such as the halls of Congress or the White House. erts for receiving the Arvada Wheat Ridge improved mentorship and increased access to Chuck’s personal journey, marked by re- Service Ambassadors for Youth award. Bobby research experiences have proven to keep demption and grace, gave him a heart beyond Roberts is an 8th grader at Wheat Ridge Mid- students from all backgrounds on track to pale for the prisoner, the down-trodden, and dle School and received this award because complete their STEM degrees. the forgotten among us. his determination and hard work have allowed Statistics are equally troubling when it Chuck’s faith defined him—and inspired him to overcome adversities. comes to underrepresented minorities and countless others. their pursuit of academic careers in STEM dis- The dedication demonstrated by Bobby He possessed a passion for shaping the ciplines. Underrepresented minorities currently Roberts is exemplary of the type of achieve- next generation of leaders, for equipping them make up about 29 percent of the U.S. popu- ment that can be attained with hard work and with the tools to articulate and defend a Chris- lation, but only about 8 percent of tenure-track perseverance. It is essential students at all tian worldview in the public square. This is science and engineering faculty members at levels strive to make the most of their edu- among his greatest legacies. cation and develop a work ethic which will universities and four-year colleges. Less than In short, we have lost a giant. guide them for the rest of their lives. one percent of tenure-track science and engi- I extend my deepest congratulations to neering faculty members at the nation’s top As we mourn his loss, we take comfort in Bobby Roberts for winning the Arvada Wheat 100 research universities are from underrep- knowing that the heavens rejoice and Chuck is Ridge Service Ambassadors for Youth award. resented groups. One consequence of having most assuredly hearing the words, ‘‘well done, I have no doubt he will exhibit the same dedi- such a low number of minority faculty, among good and faithful servant.’’ cation and character in all his future accom- other things, is that they are called on much CHUCK COLSON, FOUNDER OF PRISON FELLOW- plishments. more frequently than their peers to serve on SHIP & COLSON CENTER FOR CHRISTIAN commissions, committees, and the like as a f WORLD VIEW, DIES AT AGE 80 way of showing that a college or university is LANSDOWNE, VA., April 21, 2012.—Evan- H.R. 4483, THE ‘‘BROADENING PAR- committed to diversity in their administrative gelical Christianity lost one of its most elo- TICIPATION IN STEM EDUCATION procedures. As a result, minority faculty have quent and influential voices today with the ACT’’ less time to conduct research, publish papers, death of Charles W. ‘‘Chuck’’ Colson. The mentor students, and do other work that is re- Prison Fellowship and Colson Center for HON. EDDIE BERNICE JOHNSON quired for them achieve tenure status and oth- Christian Worldview founder died at 3:12 p.m. erwise thrive in their research careers. More ET today at the age of 80. After a brief ill- OF TEXAS fundamentally, the low number of minority fac- ness, Colson passed away at a Northern Vir- IN THE HOUSE OF REPRESENTATIVES ulty is another indicator of the untapped poten- ginia hospital with his wife, Patty, and fam- ily at his bedside. Wednesday, April 25, 2012 tial that we have in the STEM disciplines. On March 30, Colson became ill while Ms. EDDIE BERNICE JOHNSON of Texas. Passing the ‘‘Broadening Participation in STEM Education Act’’ will help address both speaking at a Colson Center for Christian Mr. Speaker, today I am introducing H.R. Worldview conference in Lansdowne. The fol- 4483, the ‘‘Broadening Participation in STEM of these issues. By authorizing the Director of lowing morning he had surgery to remove a Education Act.’’ This bill aims to increase the NSF to award grants to colleges and univer- pool of clotted blood on the surface of his number of students from underrepresented mi- sities that want to implement or expand inno- brain, and doctors determined he had suf- nority groups who receive undergraduate de- vative, research-based approaches to recruit fered an intracerebral hemorrhage. Though grees in science, technology, engineering, and and retain students from underrepresented mi- Colson remained in intensive care, doctors mathematics, or STEM, disciplines. It also nority groups, we will take a necessary step and family were optimistic for a recovery as he showed some signs of improvement. How- seeks to increase the number of STEM faculty toward increasing the number of students from these groups who successfully complete un- ever, Tuesday (April 17) Colson became members from underrepresented minority gravely ill when further complications devel- groups at institutions of higher education. dergraduate degrees in STEM fields. Similarly, oped. by making grants available to colleges and The U.S. faces a severe shortfall in students A Watergate figure who emerged from the graduating with degrees in STEM fields. With universities to allow them to make an effort to country’s worst political scandal, a vocal approximately 20 percent of our under- increase the number of faculty members from Christian leader and a champion for prison graduate degrees awarded in science and en- underrepresented minority groups, we will take ministry, Colson spent the last years of his gineering disciplines, we rank 27th among de- a necessary step toward achieving equality at life in the dual role of leading Prison Fellow- veloped nations in producing graduates quali- our institutions of higher education. These are ship, the world’s largest outreach to pris- fied for 21st Century STEM careers. Statistics admittedly small steps toward maintaining oners, ex-prisoners and their families, and the Colson Center, a research and training become even more alarming when you look at American leadership in innovation, but they are necessary and achievable steps and we center focused on Christian worldview teach- the number of students from underrepresented ing. minority groups who receive degrees in STEM need to act now. I hope my colleagues will join me in supporting H.R. 4483. Colson has been a central figure in the disciplines. As of 2011, only about 8 percent evangelical Christian community since he of 24 years-olds from these groups had ob- f shocked the Washington establishment in tained a bachelor’s degree in a science or en- A LIFE WELL LIVED 1973 by revealing his new Christian commit- gineering discipline. ment in the midst of the Watergate inquiry. This is more than just a question of equity. In later years Colson would say that because We have a vast, untapped pool of talent in HON. FRANK R. WOLF he was known primarily as Nixon’s ‘‘Hatchet OF VIRGINIA Man,’’ the declaration that ‘ ‘‘I’ve been born America, and this pool is continuing to grow. IN THE HOUSE OF REPRESENTATIVES again and given my life to Jesus Christ’ kept It is estimated that, by 2050, 52 percent of the Wednesday, April 25, 2012 the political cartoonists of America clothed U.S. population will be from underrepresented and fed for a solid month.’’ It also gave new minority groups. We have to drastically in- Mr. WOLF. Mr. Speaker, I rise today to pay visibility to the emerging movement of crease the number of students from these tribute to Chuck Colson who this past Satur- ‘‘born-again’’ Christians.

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PUT PRISON MINISTRY ON THE CHURCH’S future of its fears. By the cross He offers Washington University in Washington. He AGENDA hope, by the resurrection He assures His tri- served in the Marine Corps from 1953–1955, In 1974 Colson entered a plea of guilty to umph. This cannot be resisted or delayed. becoming what was at the time its youngest Watergate-related charges; although not im- Mankind’s only choice is to recognize Him captain. He began his political career in 1956, plicated in the Watergate burglary, he volun- now or in the moment of ultimate judgment. when he was the youngest administrative as- tarily pleaded guilty to obstruction of jus- Our only decision is to welcome His rule or sistant in the Senate, working for Massachu- tice in the Daniel Ellsberg Case, which was to fear it.’’ setts Senator Leverett Saltonstall. prosecuted in the acutely sensitive Water- Colson’s other awards included the Presi- Although God worked through Colson to gate atmosphere. He entered Maxwell Fed- dential Citizens Medal (2008, the second-high- encourage Christians around the world and eral Prison Camp in Alabama in 1974 as a est U.S. civilian honor), Humanitarian serve many whom society would often ne- new Christian and as the first member of the Award from Domino’s Pizza Corporation glect, his greatest love and focus were his Nixon administration to be incarcerated for (1991), The Others Award from the Salvation family. Colson is survived by his wife of 48 Watergate-related charges. He served seven Army (1990), several honorary doctorates years, Patty; three children, Wendell, Chris- months of a one- to three-year sentence. from various colleges and universities (1982– tian and Emily; and five grandchildren. Colson emerged from prison with a new 1995), and Outstanding Young Man of Boston f mission: mobilizing the Christian Church to from the Chamber of Commerce (1960). minister to prisoners. He founded Prison Fel- Recognized as a champion for historic or- AUSTIN CLARK lowship in 1976; this would become perhaps thodoxy, Colson ignited a controversy in the his greatest contribution to the Church and Protestant world in the mid-1990s with his HON. ED PERLMUTTER the world. Although many local churches initiative to declare common ground with OF COLORADO had ministered in nearby prisons for many conservative Roman Catholics in two docu- years, most observers would affirm that ments called Evangelicals and Catholics To- IN THE HOUSE OF REPRESENTATIVES Colson and Prison Fellowship truly put pris- gether. Wednesday, April 25, 2012 on ministry on the agenda of the church in a PROVIDED INTELLECTUAL SUPPORT TO MODERN substantial way. EVANGELICALISM Mr. PERLMUTTER. Mr. Speaker, I rise Colson’s personal prison experience and his The evangelical-Catholic issue was just today to recognize and applaud Austin Clark frequent ministry visits to prisons also de- one in which Colson brought intellectual vi- for receiving the Arvada Wheat Ridge Service veloped in him new concerns about the effi- tality to popular Evangelicalism in the last Ambassadors for Youth award. Austin Clark is cacy of the American criminal justice sys- three decades. Many considered him a pro- a 7th grader at Mandalay Middle School and tem. His founding of Justice Fellowship in phetic voice for the evangelical community, received this award because his determination 1983 helped make Colson one of the nation’s and, perhaps, an intellectual successor to and hard work have allowed him to overcome most influential voices for criminal justice theologian/sociologist Francis Schaeffer. adversities. reform. His call for alternative punishments Perhaps in open recognition of that legacy, for non-violent offenders was often effective The dedication demonstrated by Austin his magnum opus was titled How Now Shall Clark is exemplary of the type of achievement because Colson’s conservative credentials en- We Live? after Schaeffer’s How Then Shall abled him to line up conservative legislators We Live? that can be attained with hard work and perse- in support of what had traditionally been In all, Colson wrote more than 30 books, verance. It is essential students at all levels seen as a liberal set of reforms. which have sold more than five million cop- strive to make the most of their education and That passion and sense of obligation to ies. His autobiographical book, Born Again, develop a work ethic which will guide them for God’s calling and to his fellow inmates took was one of the nation’s best-selling books of Colson into prisons several times a year. He the rest of their lives. all kinds in 1976 and was made into a feature- I extend my deepest congratulations to Aus- visited some 600 prisons in the U.S. and 40 length film. His last book, The Faith, is a other countries, and built a movement that tin Clark for winning the Arvada Wheat Ridge powerful appeal to the Church to re-embrace Service Ambassadors for Youth award. I have at one time extended to more than 50,000 the foundational truths of Christianity. prison ministry volunteers. Often, particu- Colson was one of the Christian commu- no doubt he will exhibit the same dedication larly in the early days of Prison Fellowship, nity’s most sought-after speakers, but he and character in all his future accomplish- he was vocal in his disgust over the terrible resolutely refused to establish a speaker’s ments. conditions in the prisons and the need for fee. Colson donated all speaking honoraria f more humane conditions and better access to and book royalties to the ministry and ac- religious programs. cepted the salary of a mid-range ministry ex- HONORING THE VALENTINES FOR Colson’s advocacy for prisoners’ religious ecutive. TROOPS PROGRAM rights took an additional form in the late In 1991 Colson launched BreakPoint, a 1990s when he and Justice Fellowship were at unique radio commentary that provides a the forefront, lobbying legislators to support Christian perspective on today’s news and HON. CHRISTOPHER S. MURPHY the Religious Freedom Restoration Act and trends. BreakPoint was aired weekdays on OF CONNECTICUT the Religious Land Use and Institutionalized some 1,400 outlets nationwide with an audi- IN THE HOUSE OF REPRESENTATIVES Persons Act (RLUIPA), both nationally and ence of 8 million listeners. But his heart was Wednesday, April 25, 2012 state by state. Colson’s and Justice Fellow- ever with the prisoner. He clearly never for- ship’s work to bring an end to the national got the promise he’d made to his fellow in- Mr. MURPHY of Connecticut. Mr. Speaker, scourge and shame of prison rape culminated mates during his brief stay in prison that he I rise today to honor the students and adults with the passage of the Prison Rape Elimi- would never forget those behind bars. involved in the Valentines for Troops program nation Act in 2003. In his later years, Colson focused full time His 1987 book, Kingdoms in Conflict, was a in Connecticut and around the nation. The stu- on developing other Christian leaders who dents involved in this program wrote over best-selling directive to the Christian com- could influence the culture and their com- munity on the proper relationships of church munities through their faith. The capstone 4,000 letters for our servicemembers this year. and state, and it positioned Colson as cen- of this effort was The Chuck Colson Center This program seeks to give thanks to the trist evangelical voice for balanced Christian for Christian Worldview, a research and most deserving among us, the men and political activism. Although not as visible as training center launched in 2009 for the pro- women of our Armed Forces. Donna others in the frontline battles, Colson pro- motion of Christian worldview teaching. In Monteleone Randle, a former captain in the vided counsel to many of the most-evident addition to a vast library of worldview mate- Army Signal Corps, serves as the chairperson activists and had a strong influence on rials, the Colson Center provides online Christian politicians who went to Wash- of Valentines for Troops in Newtown, Con- courses and serves as a catalyst for a grow- necticut and helps the organization send let- ington in the 80s, 90s and into the new mil- ing movement of Christian organizations lennium. dedicated to impacting the culture. ters from the students to the servicemembers RECIPIENT OF THE TEMPLETON PRIZE In 2009, Colson was a principal writer of the overseas. In recognition of his work among pris- Manhattan Declaration, which calls on The participants in the Valentines for Troops oners, Colson received the prestigious Christians to defend the sanctity of human program are doing a fabulous job of showing Templeton Prize for Progress in Religion in life, traditional marriage and religious free- their support and admiration to those who 1993, donating the $1 million prize to Prison dom. More than half a million people have need it the most. Fellowship. In perhaps his most-eloquent and signed the Manhattan Declaration. Collabo- This program was started by a second well-known speech, The Enduring Revolu- rating with other Christian leaders, Colson grade student at Sandy Hook Elementary tion, given at acceptance ceremonies at the aimed to launch other ecumenical grassroots School in Newtown, Connecticut, in 2006. University of Chicago, Colson encouraged movements around moral and ethical issues the Church in the face of troubling times: of great concern. That first year there were 50 letters written by ‘‘For history’s cadence is called with a con- Colson was born in Boston in 1931 and re- students at the school, and since then the fident voice. The God of Abraham, Isaac and ceived a scholarship to Brown University and popularity of the program has increased tre- Jacob reigns. His plan and purpose rob the went on to earn his law degree at George mendously. Schools and organizations from

VerDate Mar 15 2010 05:23 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.015 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 25, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E645 Trumbull, Monroe, Bethel, Fairfield, and Dan- since 2003, and an increased recycling rate of Tamburitzans, the longest-running live stage bury have joined Newtown in this program. 46 percent. Also, 100 percent of the land- show of its kind in the United States. There has been a great deal of national inter- scaping at the school is water-efficient, and f est in the program this year as well. There are the District uses Compressed Natural Gas clubs, groups, churches, senior centers, pro- School Buses. ANJELICA HARRISON fessional offices, and schools from such di- Additionally, Longfellow Elementary School verse locations as Colorado, Ohio, Illinois, actively promoted environmental learning by HON. ED PERLMUTTER Wisconsin, Texas, and New York City lending implementing environmental programs on OF COLORADO their support to the program. campus like Energy Star Recycling program, IN THE HOUSE OF REPRESENTATIVES I conducted a similar program called Holiday Water Quality and Efficiency program, Green Wednesday, April 25, 2012 Cards for Heroes this holiday season. School Cleaning program, Safe Routes to School, children in northwestern Connecticut made School Garden, School Integrated Pest Man- Mr. PERLMUTTER. Mr. Speaker, I rise hundreds of cards for veterans staying in the agement Program, Indoor Air Quality Program, today to recognize and applaud Anjelica Har- Department of Veterans Affairs Medical Center as well as Environmental Education. rison for receiving the Arvada Wheat Ridge and the State of Connecticut Veterans’ Home This is a remarkable record and is all the Service Ambassadors for Youth award. in Rocky Hill. So I know what these small to- more impressive given the economic back- Anjelica Harrison is a 7th grader at Mandalay kens of appreciation can do to lift the spirits of ground and demographic diversity of the Long- Middle School and received this award be- a veteran. fellow Elementary School student body. The cause her determination and hard work have Mr. Speaker, I believe that we can all agree student body is comprised of 1,080 students, allowed her to overcome adversities. that the Valentines for Troops program de- 30 percent of whom are Hispanic, 17 percent The dedication demonstrated by Anjelica serves recognition for their efforts to show the are African American, 5 percent Asian and Pa- Harrison is exemplary of the type of achieve- admiration that this nation has for its troops. I cific Islander, and 28 percent Caucasian. Four ment that can be attained with hard work and ask that my colleagues join me in celebrating in ten students receive free or reduced perseverance. It is essential students at all the Valentines for Troops program for the lunches. levels strive to make the most of their edu- service it provides to the men and women of Despite their challenging backgrounds, the cation and develop a work ethic which will our Armed Services. students at Longfellow Elementary School guide them for the rest of their lives. f have shown that great things can happen if I extend my deepest congratulations to you are motivated, committed, and have the Anjelica Harrison for winning the Arvada CONGRATULATING LONGFELLOW right leaders like Principal Murrin. As King Wheat Ridge Service Ambassadors for Youth ELEMENTARY SCHOOL OF LONG Henry V exhorted his comrades in arms at the award. I have no doubt she will exhibit the BEACH, CALIFORNIA, FOR BEING Battle of Agincourt, ‘‘all things are ready if our same dedication and character in all her future RECOGNIZED AS ONE OF THE minds be so.’’ accomplishments. FIRST ‘‘GREEN RIBBON Mr. Speaker, I congratulate the Lions of f SCHOOLS’’ IN THE UNITED Longfellow Elementary School, Principal Lau- HONORING THE WORLD WAR II STATES rie Murrin, The Green Team, and the entire VETERANS OF ILLINOIS Longfellow Elementary community for being at HON. LAURA RICHARDSON the forefront of improving our environment and OF CALIFORNIA helping prepare our students to be competitive HON. MIKE QUIGLEY IN THE HOUSE OF REPRESENTATIVES and succeed in an emerging green economy. OF ILLINOIS Wednesday, April 25, 2012 f IN THE HOUSE OF REPRESENTATIVES Wednesday, April 25, 2012 Ms. RICHARDSON. Mr. Speaker, I rise IN RECOGNITION OF THE proudly to congratulate Longfellow Elementary TAMBURITZANS Mr. QUIGLEY. Mr. Speaker, I rise to honor School located in my hometown of Long the World War II veterans who traveled to Beach, California, and the 37th Congressional HON. DENNIS J. KUCINICH Washington, DC, on April 4, 2012 with Honor District which I am proud to represent, on its OF OHIO Flight Chicago, a program that provides World War II veterans the opportunity to visit the designation by the U.S. Department of Edu- IN THE HOUSE OF REPRESENTATIVES cation as one of the first-ever Green Ribbon World War H Memorial on The National Mall Schools. Wednesday, April 25, 2012 in Washington, DC. This memorial was built to According to Education Secretary Arne Dun- Mr. KUCINICH. Mr. Speaker, I rise today in honor their courage and service to their coun- can, Longfellow Elementary School was rec- recognition of the Tamburitzans, a group try. ognized for its outstanding achievements in which has been promoting Eastern European The American Veteran is one of our great- the areas of environmental curriculum, energy arts and culture for 75 years. est treasures. The Soldiers, Airmen, Sailors, reduction, campus recycling and water effi- Established by Dr. A. Lester Pierce in 1937, Marines, and Coast Guardsmen who traveled ciency. the Tamburitzans are a multicultural song and here on April 4 answered our nation’s call to The Green Ribbon Schools program is a dance group. The group consists of students service during one of its greatest times of federal recognition program that began in Sep- of Duquesne University in Pittsburgh, Pennsyl- need. From the European Campaign to the tember 2011 under the leadership of President vania. The Duquesne University Tamburitzans Pacific Asian Theatre to the African Theater, Obama, Education Secretary Arne Duncan, are dedicated to preserving and perpetuating these brave Americans risked life and limb, and Environmental Protection Agency Admin- the cultural heritage of Eastern Europe and its gave service and sacrificed much, all while istrator Lisa Jackson. Honored schools em- neighbors through performance, while award- embodying what it is to be a hero. We owe brace and exercise a comprehensive ap- ing scholarships to talented and deserving stu- them more gratitude than can ever be ex- proach to creating ‘‘green’’ environments, dent performers. pressed. which includes taking remedial action to re- The Duquesne University Tamburitzans I welcome these brave veterans to Wash- ducing adverse environmental impacts, pro- have grown from an original group of 12 men ington and to their memorial. I am proud to moting health, and providing high-quality envi- to today’s company of more than three dozen submit the names of these men and women ronmental instruction that prepares students performers. Since 1988, the Tamburitzans for all to see, hear, and recognize, and I call with the skills and sustainability concepts have been under the direction of Mr. Paul on my colleagues to rise and join me in ex- needed to compete and win in the global Stafura, a former member of the Tamburitzans pressing gratitude. economy of the 21st century. during the late 1960s. Each year, the Leonard David Adler; David S. Albert; Don- Green Ribbon Schools promote environ- Tamburitzans travel throughout the United ald John Anderson; Richard J. Andrew; Theo- mental education and learning as well as pro- States to put on an average of 80 concerts. dore Arey; Harold L. Autrey; Asa Melville tect our children’s health. They have also held concerts in numerous Bacon; Rudolf Balek; Stanley C. Bartecki, Jr.; Under the leadership of Principal Laurie Latin American countries, Canada, Bulgaria, Robert L. Barz; Victor J. Biasetti; Otto R. Murrin, Longfellow Elementary School has France, Italy, Poland, Romania, the former Bobysud; Raymond J. Brejcha; Joseph P. successfully gone ‘‘green’’ by reducing energy Czechoslovakia, Soviet Union and Yugoslavia. Brooks; Walter H. Burtan; Joseph S. Buttice; use by 17 percent since 2004, has a 34 per- Mr. Speaker and colleagues, please join me Jack R. Cerniglia; Ranson Coleman; John M. cent reduction in greenhouse gas emissions in recognition of the Duquesne University Conway; James J. Corolis; James M. Cribbs;

VerDate Mar 15 2010 06:12 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.017 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS E646 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2012 Robert Chapman Dillion; John L. Dykstra; ‘‘small businesses’’ and will receive taxpayer- Kathy and Wayne have resided in Spring- Harry A. Fandre, Jr.; Chester S. Faron; Willie financed handouts. In fact, this legislation pro- field for the past 28 years, operating horse Ferba, Jr.; Joe J. Fleck; George E. Fyock; vides tax breaks to pornography shops and boarding and training stables in Republic for Edwin D. Geisenheimer; Mark M. Greenburg; corporations that ship American jobs over- 13 years. Wayne and Kathy are both very Joseph H. Gross; Don R. Gunderson; Maurice seas. busy pursuing their hobbies. Wayne still par- G. Guysenir; Hallie J. Hamilton; George J. This legislation represents a new low point ticipates in bass fishing tournaments and Hazdra; Floyd J. Hoffman; Emmit Ingram, Jr.; for the House Republican majority. It is so Kathy trains and rides her Fox Trot horses. Edward Jage; Richard H. Johnson; George M. flawed that even fellow conservatives are The couple celebrated their 50th wedding an- Kaiser; Frank William Karl; Chester J. Kijak; mocking the bill. The Wall Street Journal edi- niversary with a stay at Downstream Casino, Richard R. Kinneman; Robert F. Kirby; John torial page calls H.R. 9 a ‘‘tax gimmick.’’ one of their favorite things to do. D. Kiser; Joseph Kujawa; Wallace Bruce Former economic advisor to President Reagan I am proud of Wayne and Kathy Fowler and Kurtz; Walter E. Lambert. Bruce Bartlett said H.R. 9 ‘‘will do nothing am honored to call them my neighbors in the James T. Langan; LeRoy Larson; Stanley whatsoever to increase employment. It is noth- 7th Congressional District of Missouri. I want- Marvin Levy; Edward V. Lisowski; Robert R. ing more than an election year give-away to a ed to take this opportunity to commemorate Luke; Charles E. Mahan; Anthony Marino; Wil- favored Republican constituency and should their 50th anniversary. May God bless them bur J. Martin; Virgil E. Mathias, Jr.; William J. not be taken seriously.’’ with many more happy and loving years to- McCaffrey; James A. Moscato, Jr.; James M. H.R. 9 is a signal to the American people gether. that House Republicans are officially out of Mulqueeny; Carl A. Nelson; Joseph A. f Nemanich; David S. Newquist; Franklyn M. ideas for creating jobs. This bill merely recy- Nipper; Daniel N. Obriot; John Oldenburger; cles the Bush Administration’s failed economic ARISAI GURROLA David E. Olson; Joseph V. Pacelli; Robert V. policies that ballooned the national debt and Peck; Betty M. Peterson; Harold Peterson; produced the lowest rate of job creation since HON. ED PERLMUTTER Richard L. Raddatz; Angelo S. Regopoulos; World War Two. The nonpartisan Congres- OF COLORADO sional Budget Office analyzed a range of poli- Robert Joseph Roelle; Marvin Rose; Arnold IN THE HOUSE OF REPRESENTATIVES Marshall Rusten; Robert T. Sasman; Jean A. cies that could be enacted to strengthen the Wednesday, April 25, 2012 Scheve; Charles William Schoenherr; Richard economy and promote economic growth: this S. Schofield; Frank A. Schroeder; M. Eldon measure ranked second to last. Mr. PERLMUTTER. Mr. Speaker, I rise Schultz; William Springer; Robert A. Thatcher; I urge my Republican colleagues to aban- today to recognize and applaud Arisai Gurrola James H. Thoma; Preston G. Thorpe; Robert don this dead-end legislation and instead, join for receiving the Arvada Wheat Ridge Service W. Tobiaski; Fred E. Turek, Jr.; Robert G. with Democrats to support proven job creation Ambassadors for Youth award. Arisai Gurrola Wallace; Allan A. Walters; Donald Lutter measures, including bonus depreciation for is a 12th grader at Jefferson Senior High and Wood; Bill Zamzow; George Zervos; Norman main street businesses. received this award because her determination H. Zumm. f and hard work have allowed her to overcome f RECOGNIZING THE 50TH WEDDING adversities. The dedication demonstrated by Arisai SMALL BUSINESS TAX CUT ACT ANNIVERSARY OF WAYNE AND KATHY FOWLER Gurrola is exemplary of the type of achieve- ment that can be attained with hard work and SPEECH OF perseverance. It is essential students at all HON. BILLY LONG levels strive to make the most of their edu- HON. BETTY McCOLLUM OF MISSOURI cation and develop a work ethic which will OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES guide them for the rest of their lives. Wednesday, April 25, 2012 I extend my deepest congratulations to Thursday, April 19, 2012 Mr. LONG. Mr. Speaker, I rise today to rec- Arisai Gurrola for winning the Arvada Wheat Ms. MCCOLLUM. Mr. Speaker, I rise in ognize and honor the 50th wedding anniver- Ridge Service Ambassadors for Youth award. strong opposition to H.R. 9, the so-called sary of Wayne and Kathy Fowler. I have no doubt she will exhibit the same dedi- Small Business Tax Cut Act. This bill is an in- Wayne and Kathy Fowler nee Pierce were cation and character in all her future accom- credible waste of taxpayer money that will do married on March 17, 1962, at Kathy’s par- plishments. nothing to grow America’s economy or create ents’ home in Kissee Mills, Missouri, where f jobs. her father was postmaster and owned a gro- House Republicans admit that H.R. 9 will cery store and gas station. OUR UNCONSCIONABLE NATIONAL add $46 billion to federal deficits and force our Kathy graduated from Forsyth High School, DEBT country to borrow more money from foreign where she was salutatorian of her class. She countries such as China. They argue deficit- then attended Draughon’s Business College HON. MIKE COFFMAN spending is worthwhile because their bill will and went to work for Charles A. Moon, attor- OF COLORADO create jobs and stimulate economic growth. ney at law. She left the law office to work for IN THE HOUSE OF REPRESENTATIVES Unfortunately, there is absolutely no evidence Frisco Railroad, later Burlington Northern and to support their claim. The nonpartisan Joint then Burlington Northern Santa Fe Railroad, Wednesday, April 25, 2012 Committee on Taxation determined the eco- where she retired after 321⁄2 years. She then Mr. COFFMAN of Colorado. Mr. Speaker, nomic impact of this Republican bill is ‘‘so worked for Burrell Behavioral Health for over 6 on January 20, 2009, the day President small as to be incalculable.’’ years before retiring and starting a home tran- Obama took office, the national debt was The country’s wealthiest individuals and cor- scription business. She always had a huge $10,626,877,048,913.08. porations are the true beneficiaries of this leg- love for horses, with her dad buying her first Today, it is $15,628,266,498,708.04. We’ve islation. H.R. 9 will provide over 125,000 mil- Fox Trotting mare for her 12th birthday. The added $5,001,389,449,794.96 to our debt in lionaires with an average tax cut of $58,000. horses have always remained her passion. just over 3 years. This is debt our nation, our According to the nonpartisan Tax Policy Cen- Wayne was originally from Waterloo, Iowa, economy, and our children could have avoided ter, nearly half of the bill’s benefits go to indi- and had moved to Kissee Mills with his family with a balanced budget amendment. viduals with annual income over $1 million in 1961. Wayne was a car enthusiast and f even though this group comprises just 0.5 per- drove stock cars for several years at the Fair- cent of all taxpayers and 4 percent of all grounds Speedway, Bolivar Speedway, Odes- RECOGNIZING CHIEF OF POLICE, small-business employers. The largest tax sa Speedway, and Fort Smith Arkansas. ROBERT ‘‘BOBBY’’ HYATT breaks in this bill go to law partners, corporate When he got out of racing, he took up bass consultants, lobbyists, hedge fund managers, fishing. Wayne is a welder and retired from HON. HENRY CUELLAR and other highly profitable, private enterprises the Paul Mueller Company several years ago. OF TEXAS that do not need extra support from America’s He now has a portable aluminum/stainless IN THE HOUSE OF REPRESENTATIVES taxpayers. welding business and specializes in marine re- The tax benefits in H.R. 9 are so poorly tar- pairs. They have one son, Ken Fowler, and Wednesday, April 25, 2012 geted that reality-show stars Donald Trump, three grandchildren, Chase, Katie and Nick, Mr. CUELLAR. Mr. Speaker, I rise today to Paris Hilton and Kim Kardashian qualify as who reside in Camdenton, Missouri. recognize the retiring Chief of Police, Robert

VerDate Mar 15 2010 06:12 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.020 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 25, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E647 ‘‘Bobby’’ Hyatt of the City of La Vernia in tion for America’s service members one photo here to peaceful international protocols that Texas. He has dedicated his career to assist- shoot at a time. From humble beginnings and engender stability and economic prosperity. ing and protecting the south Texas community a simple mission, HeartsApart.org has grown By contrast, South Korea is one of the through his work and efforts. Chief Hyatt re- to become a national organization, with volun- world’s most economically successful coun- tired from the City of La Vernia Police Depart- teer photographers in states from Virginia to tries. Many of us have seen that dramatic sat- ment on November 30, 2011, after 17 years of Nevada and California to Illinois. On April 11, ellite image of the Korean peninsula at night, faithful service, making him the longest sitting HeartsApart.org was one of 20 organizations which shows South Korea lit brightly while Chief in the State of Texas. honored by First Lady Michelle Obama and North Korea is in near total darkness. This Mr. Hyatt grew up in San Antonio, Texas, Dr. Jill Biden as finalists for the Joining Forces image serves as a metaphor for the freedom and graduated from Burbank High School. He Community Challenge, an initiative aimed at and enlightenment that governs South Korea began his law enforcement career at the encouraging citizens to honor, support, and and the enslavement and barbarism in North young age of 21. Mr. Hyatt joined the San An- celebrate our military families. The vision and Korea. Indeed, were it not for its dalliance with tonio Police Department in 1963. Chief Hyatt commitment of the staff of HeartsApart.org is advanced technologies in rockets and nuclear retired from the San Antonio Police Depart- to be commended and applauded. Today, I bombs, North Korea could truly be said to be ment after 31 years of faithful service on Fri- offer my heartfelt thanks to those who give of living in the Dark Ages. day, July 29, 1994, and began work as the their time and talents to serve our brave men My father served in the Korean War. He Chief of Police for the City of La Vernia on and women. May God continue to bless their fought side by side with South Korean soldiers Monday, August 1, 1994. Some of his notable efforts, and may God bless America. who were struggling to save their homeland career accomplishments include escorting f from the onslaught of communism. For 60 many dignitaries while they visited the City of years, the two Koreas have lived under a frag- San Antonio, including Presidents of the BROOKE BALLANTYNE ile armistice that masks a tinderbox threatened United States and the Queen of England. To- by a match held by the Kim family dynasty. wards the end of his career in San Antonio he HON. ED PERLMUTTER I visited South Korea just last year. I saw worked as an applicant processing officer, OF COLORADO economic prosperity and political liberty that conducting background checks on new cadet IN THE HOUSE OF REPRESENTATIVES never could have been imagined when my fa- candidates for the San Antonio Police Depart- ther was there in the 1950’s. Wednesday, April 25, 2012 ment. South Korea is one of the largest trading When he began his tenure in the City of La Mr. PERLMUTTER. Mr. Speaker, I rise partners of the United States. The recently-im- Vernia, he was the only police officer in the today to recognize and applaud Brooke plemented U.S.-Korea Free Trade Agreement City—making him a vital asset in the area for Ballantyne for receiving the Arvada Wheat will open up many more opportunities for their law enforcement. When he retired, he Ridge Service Ambassadors for Youth award. American businesses to engage our Korean had a department consisting of six full-time of- Brooke Ballantyne is an 11th grader at Two partners. ficers, including him and eight reserve officers. Roads High School and received this award In the 29th congressional district of New Chief Hyatt retired from the City of La Vernia because her determination and hard work York, which I am privileged to represent, farm- Police Department on November 30, 2011, have allowed her to overcome adversities. ers, small business owners, and larger firms after 17 years of committed service. Mr. Hyatt The dedication demonstrated by Brooke are already benefiting from the Free Trade has been married to his wife Pat for 54 years. Ballantyne is exemplary of the type of Agreement’s Launch of North Korean Missile The couple has three children and six grand- achievement that can be attained with hard effects. That doesn’t even take into account children. work and perseverance. It is essential stu- the substantial benefits to consumers who are Mr. Speaker, I am honored and privileged to dents at all levels strive to make the most of able to buy high-quality products at lower have the opportunity to recognize the extraor- their education and develop a work ethic prices. dinary commitment to former Chief of Police which will guide them for the rest of their lives. Political stability and the security of the Ko- Robert ‘‘Bobby’’ Hyatt for serving and pro- I extend my deepest congratulations to rean Peninsula are vital to U.S. interests and tecting the communities in Texas. Brooke Ballantyne for winning the Arvada to our allies. Beyond South Korea, nations f Wheat Ridge Service Ambassadors for Youth such as Japan and the Philippines could be award. I have no doubt she will exhibit the threatened by the existence of North Korean A TRIBUTE TO HEARTSAPART.ORG same dedication and character in all her future nuclear missiles. Further North Korean provo- accomplishments. cations could easily and seriously disrupt the HON. MIKE McINTYRE f trans-Pacific trade relations that have devel- OF NORTH CAROLINA oped over the past six decades. LAUNCH OF NORTH KOREAN IN THE HOUSE OF REPRESENTATIVES It is the obligation of Congress to speak out MISSILE Wednesday, April 25, 2012 when U.S. security and our economic interests are under threat. Even though North Korea’s Mr. MCINTYRE. Mr. Speaker, it is my great HON. TOM REED ill-considered missile experiment failed last pleasure to rise today to pay tribute to OF NEW YORK week, that does not mean that the next launch HeartsApart.org, a truly outstanding organiza- IN THE HOUSE OF REPRESENTATIVES will fail. tion providing a creative and invaluable serv- Wednesday, April 25, 2012 Therefore, I urge my colleagues to join me ice to the men and women of our Armed in condemning the Pyongyang regime’s bellig- Forces. As their name implies, Mr. REED. Mr. Speaker, the recent launch erent behavior as a threat to regional and HeartsApart.org serves the members of our of a three-stage rocket by North Korea was a global security. military while they are apart from their clear provocation that cannot be ignored. Al- f hearts—their families and loved ones—as they though the launch was a technical failure, it serve our Nation across the seas and around was an aggressive statement that shows the IN REMEMBRANCE OF MRS. IDA the world. HeartsApart.org pairs soon-to-be new regime in North Korea intends to continue COOK-CROWDER deployed men and women with local photog- down the dangerous path of saber rattling to raphers, who donate their time, resources, and intimidate other nations, particularly South HON. DENNIS J. KUCINICH skills to give soldiers a precious gift: a portrait Korea. OF OHIO of their children and spouses. These photo- For years now, the United States, South IN THE HOUSE OF REPRESENTATIVES graphs, printed on waterproof and durable bi- Korea, and other countries have been trying to folded cards, which fit securely in a uniform engage the North Korean regime diplomati- Wednesday, April 25, 2012 pocket, serve as reminders of home and en- cally to end its program to develop nuclear Mr. KUCINICH. Mr. Speaker, I rise today in couragement for those who serve us so read- weapons and the delivery devices that could remembrance of Mrs. Ida Cook-Crowder, a ily. threaten Northeast Asia and the Western Pa- long-time member of the Greater Cleveland Mr. Speaker, I am pleased to say that cific. community. HeartsApart.org began as a local organization Despite offering many positive incentives in Born on April 8, 1930, in Marshville, North in my own state of North Carolina. For Wil- the form of humanitarian aid, the Stalinist gov- Carolina, Ida was the daughter of Raymond mington, NC photographer Brownie Harris, it ernment of North Korea has persisted in its and Annie Belle Hailey. She moved to Cleve- was a way to show his support and apprecia- belligerence and has stubbornly refused to ad- land, Ohio, after graduating from high school.

VerDate Mar 15 2010 05:23 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.024 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS E648 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2012 Upon moving to Cleveland, Ida met and mar- The United States promptly recognized a Demonstration Club boasted an active li- ried Army Master Sergeant James Cook. To- Israel, but she was met with open hostility brary program. In addition, it was thanks to gether, the couple has two daughters, Patricia from her Arab neighbors. her efforts that Virginia’s governor provided and Paula. Because of James’ career, the Sixty-four years later, in many respects it funding for construction of the first state library family often traveled to places such as Ger- seems as though very little has changed. building with the assistance of a federal grant. many, France, Japan and Korea. Twelve However, we know that Israel prevailed In recognition of her efforts, Mrs. Jodzies was years after the tragic passing of Mr. Cook, Ida against overwhelming odds in 1948, in 1967 appointed by two successive governors to rep- remarried the Reverend Dr. Roland Crowder and in 1973 and countless other times. Un- resent the Commonwealth at the Annual Con- of Cleveland’s Second Calvary Missionary doubtedly, Israel is an overwhelming success ference of the American Library Association in Baptist Church. in a region plagued by conflict. 1937 and 1938. In addition to her work to pro- Ida was a skilled seamstress who attended In a neighborhood of sworn enemies, Israel mote community libraries, Mrs. Jodzies was the Clark School of Dressmaking and Cuya- is a beacon of hope. It boasts a vibrant econ- active with the Fairfax County Chamber of hoga Community College, from which she omy and a well-educated populace whose val- Commerce, the Business and Professional earned an associate degree in decorating. ues and interests are much the same as ours. Women’s Club, Community Chest, and the She was well known throughout the Greater Israel is the only functioning democracy in the County Advisory Council. She and her hus- Cleveland area for her ability to design drap- Middle East, and I join my colleagues who, on band relocated to Winter Haven, Florida, be- eries. She ran her business under the name of a bipartisan basis, have time and again stood fore she died in 1969 at the age of 82. ‘‘Ida’s Draperies.’’ by her in times of trial. She was an early pioneer for the Fairfax I offer my condolences to her family and Freedom-loving nations have a duty to County Public Library system, which now friends at the Second Calvary Missionary Bap- stand with Israel much like Congress has over boasts eight regional branches and 14 com- tist Church. Ida’s spirit and kindness will be the years. With a growing threat from an in- munity libraries. It is one of the largest and missed by all those who had the pleasure of creasingly hostile Iranian regime, a regime busiest library systems in the nation with more meeting her. that has threatened on more than one occa- than half a million library card holders, more Mr. Speaker and colleagues, please join me sion to ’wipe Israel off the map,’ let us recom- than 13 million items loaned out each year, in honoring Mrs. Ida Cook-Crowder. mit ourselves to the defense of the state of and more than 4.5 million visits to its online resources. The Fairfax system also hosts f Israel. As we celebrate the 64th anniversary of her founding, the United States must renew its more than 8,000 events annually, attracting BRIAN SOUKUP commitment to preserve and protect Israel and 150,000 attendees, and countless volunteers stand firm as Israel’s closest friend. donated more than 155,000 hours of work to their community branches last year. HON. ED PERLMUTTER f Mr. Speaker, Mrs. Jodzies once wrote that OF COLORADO RECOGNIZING THE CONTRIBU- she and other Demonstration Club members IN THE HOUSE OF REPRESENTATIVES TIONS OF FLORENCE JODZIES TO would ‘‘march on . . . until every man, woman Wednesday, April 25, 2012 PROMOTE COMMUNITY LIBRAR- and child in Virginia has public access to Mr. PERLMUTTER. Mr. Speaker, I rise IES ACROSS VIRGINIA books.’’ Thanks to her tireless efforts, we have today to recognize and applaud Brian Soukup realized that vision, and thanks to the ongoing for receiving the Arvada Wheat Ridge Service HON. GERALD E. CONNOLLY work of the Vale Club and the Oakton Wom- en’s Club, future generations will continue to Ambassadors for Youth award. Brian Soukup OF VIRGINIA benefit from the legacy of Mrs. Jodzies and is a 12th grader at Arvada Senior High and re- IN THE HOUSE OF REPRESENTATIVES ceived this award because his determination other community leaders who followed in her Wednesday, April 25, 2012 and hard work have allowed him to overcome footsteps. I ask my colleagues to join me in adversities. Mr. CONNOLLY of Virginia. Mr. Speaker, I saluting the tremendous service of these out- The dedication demonstrated by Brian rise to recognize the ongoing work of the Vale standing community volunteers and organiza- Soukup is exemplary of the type of achieve- Club and the Oakton Womens’ Club to pro- tions. ment that can be attained with hard work and mote education and engagement on civic, cul- f tural and social welfare issues in our commu- perseverance. It is essential students at all COMMEMORATING THE 97TH ANNI- nity. I also join them in celebrating the con- levels strive to make the most of their edu- VERSARY OF THE ARMENIAN tributions of Florence Jodzies, a leading voice cation and develop a work ethic which will GENOCIDE guide them for the rest of their lives. in the effort to provide public library services I extend my deepest congratulations to across the Commonwealth of Virginia during Brian Soukup for winning the Arvada Wheat the early 20th century, with the dedication of HON. JERRY F. COSTELLO OF ILLINOIS Ridge Service Ambassadors for Youth award. a highway marker in her honor near the Vale IN THE HOUSE OF REPRESENTATIVES I have no doubt he will exhibit the same dedi- community. It is fitting to reflect on that legacy cation and character in all his future accom- today, April 24, 2012, on the 212th anniver- Wednesday, April 25, 2012 plishments. sary of the founding of the Library of Congress Mr. COSTELLO. Mr. Speaker, I stand to f and as we near the end of National School Li- commemorate the Armenian Genocide on the brary Month. 97th anniversary of its occurrence. It is unfor- CELEBRATING ISRAEL’S 64TH Mrs. Jodzies moved in 1934 to the Vale tunate, however, that once again I do so with- ANNIVERSARY community of Fairfax County, where she out an official recognition on behalf of the promptly joined the local Home Demonstration American government. HON. MIKE PENCE Club, which was then an outreach program As I have said in years past, the undeniable OF INDIANA under the cooperative extension. Through her genocidal actions by the Ottoman Empire IN THE HOUSE OF REPRESENTATIVES involvement with the club, she soon launched against its Armenian citizens deserve official an impassioned campaign to stimulate interest recognition from the American government. Wednesday, April 25, 2012 in reading, to provide reading material and to 1.5 million Armenians were killed, the first Mr. PENCE. Mr. Speaker, sixty-four years help communities establish libraries. In a 1938 genocide of the 20th century. As a member of ago the state of Israel declared its independ- article in ‘‘The Southern Planter,’’ Mrs. Jodzies the House Armenian Issues Caucus, I have ence. As Israelis celebrate their Independence wrote that reading of high class literature was cosponsored legislation to affirm the U.S. posi- Day on Thursday of this week, I offer my necessary to humanity’s progress and happi- tion on Armenian Genocide and will continue wholehearted congratulations to our most ness. ‘‘Free libraries are essential instruments to urge my colleagues in Congress and the cherished ally. of education, information, research, culture Obama administration to support this position. For millennia, the state of Israel was merely and recreation—all necessary factors in any As we mourn the lives of those lost, it is im- a dream to the Jewish people. In 1948, under democracy which expects to remain a democ- portant to recognize the resilience and incred- the leadership of Holocaust survivors who had racy,’’ she wrote. ible strides the Armenian people have made in resolved to overcome mid-Twentieth Century The fact that more than half of Virginia’s recovering from that unspeakable past. I stand Europe’s atrocities, the state of Israel declared residents at the time had no access to a li- in solidarity with the Armenian people and independence in its ancient Holy Land and brary was a motivating factor. Within two renew my commitment to pursuing a future of that dream became a reality. years, every county in the Commonwealth with reconciliation and peace.

VerDate Mar 15 2010 06:31 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.027 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 25, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E649 As a nation we must lead by honoring the from the Anniston Army Depot and the Fed- first Energy and Sustainability Master’s degree memory of those that perished so the Arme- eral Government. concentrations in the nation. nian people and the international community Mr. Kelley was born on February 24, 1957, Mr. Speaker, I ask my colleagues to join me can move forward toward a brighter tomorrow. in Goodwater, Alabama. In 1971, his family in congratulating all members of the George The U.S. has officially recognized other such moved to Sylacauga, Alabama, where he Mason University community for their success tragic events and 21 other countries have rec- graduated from Sylacauga High School in in creating a responsible and sustainable aca- ognized the Armenian Genocide. I call on my 1975. Later he enlisted in the United States demic community. By infusing sustainability colleagues in Congress and the Obama ad- Army and served three years at Fort Campbell principles into every aspect of higher edu- ministration to join me in recognizing the 97th in Kentucky. cation, George Mason University is training anniversary of the Armenian Genocide and In 1981, Everett began working at the An- the next generation of leaders to put green urge enactment of H. Res. 304. niston Army Depot and on March 2, 2012, re- ideas into practice today. f tired from Federal services with 34 years of f service. While employed with the Anniston BALUCHISTAN HONORING GERALD MICHAEL Army Depot, Everett was Program Specialist PACE, SR. for the High School Co-Op Program and President of the AFGE Local 1945 for nine HON. TED POE HON. H. MORGAN GRIFFITH years. During his career he also held positions OF TEXAS IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA of Shop Steward, Chief Steward and Vice IN THE HOUSE OF REPRESENTATIVES President of AFGE Local 1945. Wednesday, April 25, 2012 During his career, Everett has served as Wednesday, April 25, 2012 Mr. POE of Texas. Mr. Speaker, Baluchistan Senior Pastor at St. Mary Missionary Baptist is one of four provinces in Pakistan. It is the Mr. GRIFFITH of Virginia. Mr. Speaker, I Church for the past 25 years. largest of the four provinces in terms of area submit these remarks in honor of Gerald Mi- Upon his retirement, Rev. Kelley will con- (44 percent of the country’s land area), but the chael Pace, Sr., a devoted public servant to tinue assisting Federal employees as National smallest in terms of population (5 percent of the people of Salem and the Greater Roanoke Vice President of AFGE District 5. the country’s total). Within Baluchistan is the Valley, who passed away suddenly on Mr. Speaker, I offer my congratulations to Baluch people group. They have their own Wednesday, April 18, 2012. Reverend Everett Kelley and thank him for his language, culture, and history. Born and raised in Pulaski, Jerry attended outstanding service to our community and our This distinct group of people, who once held Pulaski High School, and graduated from nation. autonomous status, was deprived of their free- Hampden-Sydney College. A committed stu- f dom without consideration when the British dent himself, Jerry was truly passionate about Empire invaded the area. When the British education. He was instrumental in helping to RECOGNIZING THE SUSTAINABLE took control over the area they divided the Ba- establish the Community College Access Pro- AND GREEN INITIATIVES OF luchistan land into three separate parts, giving gram—a partnership between the Virginia GEORGE MASON UNIVERSITY part of the land to Persia in 1896 while retain- Western Community College (VWCC), Salem ing the largest portion for India. The third and Public Schools, and Roanoke City Public HON. GERALD E. CONNOLLY final division of the land by the British oc- Schools, which allows high school graduates OF VIRGINIA curred in 1894 that gave part of Baluchistan to to attend VWCC without paying tuition. He IN THE HOUSE OF REPRESENTATIVES Afghanistan. was a scholar of the writings of the Apostle Once the British relinquished control and Wednesday, April 25, 2012 Paul and the Dead Sea Scrolls. And, he India and Pakistan separated, the majority of taught Sunday school classes on these topics Mr. CONNOLLY of Virginia. Mr. Speaker, it Baluchistan was forcefully annexed to Paki- at First United Methodist Church in Salem, is my honor to recognize George Mason Uni- stan in 1948. The Baluch people never had and to civic and other community groups. versity in Fairfax, Virginia, on its recent com- any say—they were never asked if they want- Jerry served on the Salem School Board for mendation by the 2012 version of The Prince- ed to be part of Pakistan. 15 years and one term on the Salem City ton Review Guide to 322 Green Colleges and Since then, the government of Pakistan has Council. He was a very proud, active member to congratulate GMU on its strong and exem- neglected them. Look at almost any indicator of the Board of Trustees of Virginia Intermont plary commitment to sustainability. and the Baluch people are worse off than College in Bristol and of the Board of Directors Over the past several years, George Mason other Pakistanis. Life expectancy, school en- of the Virginia Western Community College has taken a multilateral approach to creating a rollment, and adult literacy are all particularly Foundation. A true go-getter, Jerry even spent climate neutral campus. The university has low amongst the Baluch people. This is ironic time working as an adjunct professor at Vir- compiled annual greenhouse gas inventories when you look at all the large reserves of gas, ginia Western Community College, where he since 2006, designing its first Climate Action oil, gold, copper, silver, platinum, aluminum, taught sales and marketing, industrial safety, Plan in January 2010. In an effort to transition and uranium it has. The Baluch people have algebra, and manufacturing processes. to environmentally sound construction, Mason the resources to take care of themselves, but I am honored to pay tribute to his many has committed all new buildings to seek a the government of Pakistan takes the re- contributions to the community. A husband, fa- LEED Silver designation, with six registered sources and either puts tight constraints on ther, grandfather, businessman, community projects currently seeking certification. Addi- the profit that goes back to the Baluchs or servant, educator, cancer survivor, friend to tionally, all equipment on campus much be gives the profit away to its friends. For exam- me and so many others, and storyteller to all, Energy Star-rated. ple, the government has historically required Jerry will be greatly missed. My thoughts and A central component of the university’s Baluchistan to sell gas at a lower rate than the prayers go out to Jerry’s family and friends. strategy to reduce campus-based greenhouse other provinces. Baluchistan receives a mere His legacy and influence will be long remem- gas emissions has been the development of $0.29 per thousand cubic feet for its gas, bered across the Roanoke Valley and through- the scope, appeal, and accessibility of public while nearby Sindh gets $1.65 and Punjab re- out Southwest Virginia. and alternative transportation to accommodate ceives $2.35. Pakistan gave the exploration f the ever-increasing student population. rights to the Saindak copper mine to the Chi- Mason students also have played an impor- nese, so the Chinese will get most of the profit IN RECOGNITION OF THE RETIRE- tant role in developing the sustainability and and the Pakistan profit the rest. MENT OF REV. EVERETT environmental responsibility of the University. It is not just neglect of the Baluch people KELLEY Student organizations like the Environmental but also outright persecution. Since 2005, Awareness Group, the Patriot Green Fund, Pakistani human rights organizations have re- HON. MIKE ROGERS and the student-run organic vegetable garden corded numerous serious human rights viola- OF ALABAMA facilitate opportunities for discussions, student tions by security forces, including extrajudicial IN THE HOUSE OF REPRESENTATIVES research, and exposure of University initiatives executions, torture, enforced disappearances, to the local community. Students also can forced displacement, and excessive use of Wednesday, April 25, 2012 focus their academic careers through the Envi- force. According to the Geneva-based Internal Mr. ROGERS of Alabama. Mr. Speaker, I ronmental Science, Environmental and Sus- Displacement Monitoring Center, violence in rise today to honor a personal friend of mine, tainability Studies majors, the Sustainability 2005 around Dera Bugti district alone dis- Reverend Everett Kelley, upon his retirement and Renewable Energy minors, or one of the placed around 6,000 people and killed scores.

VerDate Mar 15 2010 06:31 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.028 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS E650 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2012 Over 2009 and 2010, Human Rights Watch Without the selfless contributions our mili- allows our young parents to have a better life detailed 45 cases of alleged forced disappear- tary and their families have made throughout and in turn offer a better life to their children. ances. history, our great nation would not have the Dr. Wylie’s vision for providing single par- Pakistan decided to respond to complaints freedom that it does today. Military children ents the services they need and deserve did over how they rule with brutal force. Instead, are a special part of that aspect of our history, not begin and end with the ‘‘Keys to Degrees’’ they should give the Baluch people a voice in as they are the young, brave, and often unno- program, but it continues with a variety of edu- how they will be governed. They should not ticed heroes who have stood strong alongside cational services including internships and only listen to their complaints, but answer their parents who have risked their lives and mentoring programs as well as weekend re- them with positive steps. Should the govern- fought for our country and way of life. I thank treats on campus for both the students and ment of Pakistan continue to not only neglect every one of them for what they do, and I their children. His stewardship in intergenera- but persecute the Baluch people, it is hard to would like to ask every Member of Congress tional education has recently earned him the argue with Baluchs who demand self-deter- to join me in offering support throughout this distinct honor of being named a fellow at the mination. In the end, a government is only le- Month of the Military Child. Aspen Institute. gitimate as long as it has the support of its f On May 5, Endicott College will be formally people. The government of Pakistan is dan- celebrating Dr. Wylie’s remarkable 25 years as gerously close to that line. HONORING DICK WYLIE president. I look forward to being with him and Apparently, the Baluch people have been his colleagues that night. In the meantime, I reading Thomas Jefferson’s comments when HON. JOHN F. TIERNEY wanted to take this opportunity to recognize he said in the Declaration in the Independ- OF MASSACHUSETTS and congratulate Dr. Wylie as well as thank ence, ‘‘We hold these truths to be self-evident, IN THE HOUSE OF REPRESENTATIVES him for his efforts to educate and provide op- that all men are created equal, that they are Wednesday, April 25, 2012 portunities for students of all ages. endowed by their Creator with certain f unalienable Rights, that among these are Life, Mr. TIERNEY. Mr. Speaker, I rise today to Liberty and the pursuit of Happiness. That to recognize and honor Dick Wylie for his 25 IN RECOGNITION OF EARTHFEST secure these rights, Governments are insti- years of service as President of Endicott Col- 2012 tuted among Men, deriving their just powers lege in Beverly, Massachusetts. from the consent of the governed, That when- Receiving a bachelor’s degree from Plym- HON. DENNIS J. KUCINICH ever any Form of Government becomes de- outh State College and a master’s and doc- OF OHIO torate from Boston University, Dr. Wylie has structive of these ends, it is the Right of the IN THE HOUSE OF REPRESENTATIVES People to alter or to abolish it, and to institute led by example as a professor and adminis- Wednesday, April 25, 2012 new Government.’’ History recorded what hap- trator at several notable institutions, including pened to the British when they forgot these the University of Connecticut, Temple Univer- Mr. KUCINICH. Mr. Speaker, I rise today in truths. And that’s just the way it is. sity, the University of Colorado, and Lesley honor and recognition of the Earth Day Coali- University. f tion of Cleveland, as they celebrate EarthFest Thanks in part to Dr. Wylie’s leadership and 2012 on April 22, 2012—a date that also com- APRIL IS MONTH OF THE dedication to higher education, Endicott Col- memorates the 23rd annual celebration of MILITARY CHILD lege grew from a small, two-year women’s col- EarthFest in Cleveland, Ohio. lege into the esteemed four-year coeduca- Cleveland’s Earth Day Coalition was formed HON. STEVE STIVERS tional institution it is today. Specifically, when in 1990 to celebrate the twentieth anniversary OF OHIO Dr. Wylie arrived in spring of 1987, Endicott of Earth Day in Ohio. EarthFest is now Ohio’s IN THE HOUSE OF REPRESENTATIVES College had an enrollment of fewer than 600 largest environmental educational event and students. Its campus consisted of 28 buildings the longest running Earth Day celebration in Wednesday, April 25, 2012 on 140 acres; the College’s operating budget the nation. I stand in recognition of the staff Mr. STIVERS. Mr. Speaker, I rise today to was $7.7 million; and its endowment was $3.9 and volunteers of the Earth Day Coalition for recognize April as the ‘‘Month of the Military million dollars. Today—25 years later—almost all their effort and dedication in creating such Child.’’ 5,000 students are enrolled at Endicott Col- an innovative, exciting and educational event In 1986, Secretary of Defense Caspar Wein- lege, which now has 51 buildings on 235– for the Greater Cleveland community to enjoy. berger established April as the Month of the acres of land. The College’s operating budget This year, EarthFest’s theme is ‘‘Year of Local Military Child. Since then, the communities is now over $85 million, and its endowment is and Sustainable Food.’’ Over 175 environ- that surround our military families have had more than ten times what it was in 1987. mental exhibits are expected from environ- the month of April as a time to focus on recog- In 1996, Dr. Wylie helped found the Van mental and community organizations, govern- nizing the important roles that military children Loan School of Graduate and Professional ment entities and businesses. EarthFest is just play. Studies, which currently offers Master of Busi- one of Earth Day Coalition’s many nationally- There is no doubt that we owe a great debt ness Administration, Master of Science in recognized programs and promises once and gratitude to our military for the unparal- Technology and Nursing (M.S.), Master of again to be a significant aspect of the world leled freedom and opportunity we enjoy in this Arts, Master of Fine Arts, and Master of Edu- celebration of Earth Day. country. But, we need to pause and remember cation degrees as well as accelerated bach- Mr. Speaker and colleagues, please join me that this is also made possible through the elor’s degrees for adult learners. In December in honor and recognition of the staff, volun- dedication and sacrifices made by their fami- 2011, the College received approval to offer teers, and members of the Earth Day Coalition lies and children as well. While I understand it its first doctoral program, a Doctor of Edu- as we celebrate EarthFest 2012 on April 22, is important to show our support for the mili- cation in Educational Leadership, which is re- 2012 at the Cleveland Metroparks Zoo and tary and their loved ones every day of the portedly the first approved doctoral program The RainForest. EarthFest 2012 promises to year, I welcome the emphasis placed on the on the North Shore of Massachusetts. educate, inspire and motivate all of us to join children of service members in the month of Throughout his tenure at Endicott College, together as a community and work toward a April. Dr. Wylie has never lost sight of the school’s more healthy Earth for future generations. As a way to offer my continued support and philanthropic duty to give back to its commu- f gratitude, I recently introduced H.R. 4341, nity. Mr. Speaker, it is worth noting that, just TRICARE for Kids, which would help the De- this past year, Endicott College’s study body HONORING DR. ROBERT AGRELLA partment of Defense and its TRICARE pro- put in 15,000 hours of community service, an gram develop and encourage health care achievement which earned them recognition HON. LYNN C. WOOLSEY practices and policies that are designed to ad- from the White House. OF CALIFORNIA dress the specific health care needs of military Dr. Wylie also established Endicott Colleges IN THE HOUSE OF REPRESENTATIVES children and families. The Department of De- ‘‘Keys to Degrees’’ program. This forward- fense estimates there are approximately 1.9 thinking program seeks to provide young, sin- Wednesday, April 25, 2012 million military children, and I believe we all gle parents the opportunity to receive a col- Ms. WOOLSEY. Mr. Speaker, I rise today need to work to ensure they have access to lege education. Providing an environment that with my colleague, Rep. MIKE THOMPSON, to the resources and support that best meets supports not only their needs but their chil- honor the career of Dr. Robert Agrella, who their needs—including health care. dren’s as well, the Keys to Degrees program formally retires from his position as president

VerDate Mar 15 2010 05:23 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.032 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 25, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E651 of Santa Rosa Junior College (SRJC) on May first responders of Hackleburg and Phil Camp- The ‘‘Capitol Hill Challenge’’ (CHC) poses a 5, 2012, after 22 years. Just the fourth presi- bell in the wake of the deadly tornadoes of challenge to participating student teams by dent in the 94-year history of SRJC, Dr. April 27, 2011. Furthermore I want to honor having them manage a hypothetical $100,000 Agrella has overseen a period of substantial the heroic actions of these volunteer fire- online portfolio and investing in bonds, real change in an institution now recognized as a fighters, law enforcement officers and para- stocks, and mutual funds. CHC would also en- national leader in community college edu- medics for their selfless devotion to their com- gage Members of Congress with the constitu- cation. His management and foresight have munities. ents participating in SMG. The top five teams benefitted us all by bringing higher learning On Wednesday, April 27, 2011, the State of will travel to Washington D.C. to meet with closer to the people of the North Bay. Alabama experienced the worst tornado out- their Congressman or Congresswoman. Again, Serving over 36,000 students each semes- break since 1974 and possibly the deadliest CHC is an investment in our students’ finan- ter, and drawing on the expertise of some the State has ever seen. The small Northwest cial literacy for their future. 3500 faculty and staff, Santa Rosa Junior Col- Alabama towns of Hackleburg and Phil Camp- Battlefield High School will participate under lege is amongst the oldest and most widely bell were completely devastated by the the guidance of Michele Adkins and is among recognized two-year colleges in California. It is storms. The storms left a path of destruction the more than 3,000 teams participating in the also a large and growing institution, with two through the towns at least half a mile wide, Ninth Annual Stock Market Game ‘‘Capitol Hill main campuses and a number of career-spe- destroying numerous houses and businesses Challenge.’’ cific facilities dedicated to public safety, agri- as well as both high schools, the fire and po- Mr. Speaker, I ask that my colleagues join culture, technology, culinary arts, and more. lice stations in Hackleburg and severely dam- me in recognizing Battlefield High School on It is a proud part of Dr. Agrella’s legacy that aging the city hall in Phil Campbell. Worst of the occasion of its participation in the Stock many of the SRJC facilities have been built, all, the tornadoes took the lives of 18 people Market Game’s ‘‘Capitol Hill Challenge’’ and in expanded, or refurbished during his tenure. In in the Hackleburg area and 27 people in Phil congratulating the students, educators, admin- the 1990s, classes first began at the Petaluma Campbell. campus, and SRJC moved into several new istrators, and parents on working together as During the difficult hours and days imme- a team for the benefit of all. buildings in Santa Rosa. In the past decade, diately following the tornadoes of April 27, f during a time of increasing budgetary difficulty, 2011, the first responders of Hackleburg, Phil the new Frank P. Doyle Library, a new student Campbell, Marion County and Franklin County A TRIBUTE TO DREW MINARD services center, and vast new improvements acted with the utmost professionalism and at the Petaluma Campus and elsewhere have bravery when called to duty. Despite the car- HON. TOM LATHAM all been completed or undertaken. These are nage, they performed their duties with valor OF IOWA the products of Dr. Agrella’s tireless work to and perseverance. Many of them were work- IN THE HOUSE OF REPRESENTATIVES unite SRJC staff and a Sonoma County com- ing to assist others while not knowing whether munity committed to the funding and planning their own families were safe. During the first Wednesday, April 25, 2012 necessary for continued growth. SRJC has frantic hours—and even days—of the search Mr. LATHAM. Mr. Speaker, I rise today to also become a model for environmental con- and rescue effort, sleep was not an option. recognize West Des Moines Crossroads Park sciousness, supporting green construction and They had a mission to do: to coordinate emer- Elementary student Drew Minard, for his brave a thoughtful, collaborative approach to devel- gency work and retain order even while the efforts to combat bullying in his school, state, opment. debris-littered streets were the same route As the North Bay has grown and diversified, and country. used to carry out the wounded and deceased so too has the training and education SRJC Bullying is a problem for millions of school offers to meet the needs of our community. and to welcome in relief workers from neigh- children every day in every corner of America. While opening new facilities in agriculture and boring communities. But through it all, they As adults we are well aware of the damage public safety—areas of historic strength in never lost sight of the people they had sworn and pain that bullying causes, but it is the chil- Sonoma County—Dr. Agrella has also over- to serve and the spirit that has held their com- dren of our country that live through this grim seen an expansion into new areas that will munities together. reality every day. Eleven-year-old Drew strengthen our economic base and serve the On behalf of the citizens of the Fourth Con- Minard understands the state of bullying first- needs of a modern workforce. High tech- gressional District of Alabama, I commend the hand and is using his talents, perspective and nology, green energy and green building, tour- brave men and women of the volunteer fire his big heart to motivate students across Iowa ism and hospitality, and performing arts offer- departments, law enforcement agencies and to change this reality, rather than accept it. ings have all been upgraded. At the same paramedics for their courage, selflessness and The 2012 documentary ‘‘Bully’’ is being time, scholarships have been greatly ex- commitment to their communities. They, along viewed by millions as a heartbreaking look into panded to serve a diverse and inclusive Col- with the resilient folks they serve, have begun our nation’s bullying problem, but to Drew the lege community. to pick up the pieces of their shattered towns. film was his call to action. Drew knows that Dr. Agrella’s role in realizing these changes I have every confidence that the Towns of the solution to bullying does not lie with a se- has been widely recognized in Sonoma Coun- Hackleburg and Phil Campbell will fully rebuild lect few, but instead lies with each and every ty. He has been named Santa Rosa Citizen of and be better than ever. one of us. When it comes to bullying, as Drew the Year, and he is the recipient of the Spirit f says, ‘‘There is no such thing as an innocent of Sonoma County Award. In appreciation of TO RECOGNIZE BATTLEFIELD bystander.’’ his longstanding service to SRJC and Sonoma HIGH SCHOOL’S PARTICIPATION To get his fellow students actively involved County, Dr. Agrella has also been named the IN THE STOCK MARKET GAME’S in combating bullying, Drew launched a stu- College’s first president emeritus. ‘‘CAPITOL HILL CHALLENGE’’ dent-led bully prevention initiative called ABC, Mr. Speaker, we ask you to join us in thank- or Anti-Bullying Club, for sixth-graders at ing Dr. Agrella for his contributions to Santa Crossroads Park. ABC currently boasts rough- Rosa Junior College, and in wishing him all HON. GERALD E. CONNOLLY ly 30 members that gather to write and per- OF VIRGINIA the best in his retirement. Dr. Agrella leaves form anti-bullying lessons that are presented IN THE HOUSE OF REPRESENTATIVES SRJC with a remarkable legacy of service, at school assemblies. ABC also creates and and with a firm footing for a strong, progres- Wednesday, April 25, 2012 places posters around the school to encour- sive future. Mr. CONNOLLY of Virginia. Mr. Speaker, I age students to speak out against bullying and f rise today to recognize Battlefield High report acts of bullying to an authority figure im- HONORING THE BRAVE FIRST RE- School’s Participation in the Stock Market mediately when witnessed. The members of SPONDERS OF HACKLEBURG AND Game ‘‘Capitol Hill Challenge.’’ ABC are also readying a ‘‘Declaration of Non- PHIL CAMPBELL The Stock Market Game (SMG) program is Bullying’’ that they hope every student will sign an extension of SIFMA and the SIFMA Foun- to affirm their commitment to putting a stop to dation for Investor Education and has provided bullying in their school. Drew readily acknowl- HON. ROBERT B. ADERHOLT financial literacy, including personal financial edges that bullying is not just specific to OF ALABAMA skills and global economic education, to 13 Crossroads Park, and he plans to expand IN THE HOUSE OF REPRESENTATIVES million students and hundreds of thousands of ABC to other elementary schools in his area Wednesday, April 25, 2012 teachers. Through this program, students fur- and beyond. Mr. ADERHOLT. Mr. Speaker, I would like ther their performance and understanding of Mr. Speaker, the actions Drew has shown to to recognize the courage and dedication of the such financial and economic topics. a cause greater than himself speaks volumes

VerDate Mar 15 2010 05:23 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A25AP8.036 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS E652 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2012 of his selfless commitment to assisting others. IN HONOR OF THE GABRIEL stowed in the United States Air Force Junior Drew is a testament to the high quality char- ZIMMERMAN SCHOLARSHIP FUND Reserve Officer Training Corps. acter and unwavering work ethic instilled in In March, Cadets Trevon Davis, Lorell Iowans both young and old. I know I speak for HON. SAM FARR Dupree, Austin Fennell, Samantha Hill, Cristal all of my colleagues in the United States Con- OF CALIFORNIA Raya, and Trebor Walker flew on an Air Force gress in congratulating Drew, thanking his IN THE HOUSE OF REPRESENTATIVES mission with a KC–135 Tanker crew from the supportive family, and thanking all the mem- 77th Air Refueling Squadron to refuel a C–17 bers of ABC, and the staff of Crossroads Park Wednesday, April 25, 2012 in flight. Elementary, for their life-changing efforts now Mr. FARR. Mr. Speaker, I rise today to offer And most recently, Unit NC–935 placed first and in the future. tribute to The Gabriel Zimmerman Scholarship overall at the annual Capital City Invitational Fund at University of California, Santa Cruz Drill Meet in Raleigh, North Carolina. The f and the recipient of the inaugural award, Regulation Armed Flight placed third, com- Yethzell Diaz, a senior majoring in Latin Amer- manded by Cadet John Setera. The Regula- TRIBUTE TO MARY SKEENS ON ican and Latino studies and sociology. tion Flight placed third, commanded by Cadet HER INDUCTION INTO THE WEST Gabriel Zimmerman graduated from UC Lance Burnett. The First Year Cadet (AS–1) VIRGINIA AFFORDABLE HOUSING Santa Cruz in 2002 with a degree in soci- Element placed third, commanded by Cadet HALL OF FAME ology. He served as community outreach di- Eric Wall. The Regulation Color Guard placed rector for Representative Gabrielle Giffords. third, commanded by Cadet Raya. The Relay HON. SHELLEY MOORE CAPITO Tragically, he was one of six people fatally Team placed third. The AS–1 Flight placed wounded in the Tucson, Arizona shooting ram- second, commanded by Cadet Davis. The In- OF WEST VIRGINIA page that also critically injured Representative novative Element Armed placed second, com- IN THE HOUSE OF REPRESENTATIVES Giffords. He was the first congressional staffer manded by Cadet Trebor Walker. The Innova- Wednesday, April 25, 2012 to give his life in the line of duty. Gabe was tive Duo placed second, performed by Cadets a passionate public servant, committed to non- Walker and Burnett. The Regulation Element Mrs. CAPITO. Mr. Speaker, I rise today to violent solutions and consensus and was moti- Male placed first, commanded by Cadet recognize the accomplishments of Mary vated to help people. Fennell. Cadet Burnett placed first in the Best Skeens, as she is inducted into the West Vir- Moved by his death, UCSC alumni Jonathan Individual Drill with Rifle competition. Cadet ginia Affordable Housing Hall of Fame. Mary Klein and Alex Clemens established a scholar- Fennell placed first in the Best Individual Drill was raised in southeastern Kentucky, but has ship fund in his honor and offered an initial competition. Cadet Fennell also received an chosen West Virginia as her home to carry out gift. The scholarship is designed to support award for most sit ups performed in two min- her life’s work in affordable housing. students commited to public service. utes. Mary is currently the Executive Director of On Friday, April 27th Gabe’s mother Emily I would also like to congratulate Lt. Col. Community Works in West Virginia, a state- Nottingham will present the first scholarship John Coulter, CMSgt John Wedding, Com- wide housing network with a membership of award to Yethzell Diaz. Yethzell has already mander Luis Lewis Pimentel, and all the ca- 27 nonprofit housing providers serving the demonstrated her commitment to public serv- dets at Southern Nash High School, on the State’s moderate to low-income home buyers. ice and social issues. After high school, she accomplishments of this impressive unit. The Since becoming its Executive Director, Mary lived in Paraguay for seven months doing 2nd district of North Carolina thrives on strong has expanded the organization’s lending ca- human rights work with Amnesty International. leaders like these, and I am proud to rep- pacity by becoming a qualified Seller/Servicer At UCSC she has worked with other students resent these fine young men and women. of loans to Neighborhood Housing Services of to create and implement a program in f America. In addition, Mary has created a Watsonville schools to increase computer lit- KEYNOTE SPEECH FOR THE AFRI- Campaign for Excellence, a leadership pro- eracy among Spanish-speaking parents. She CA AND INTERNATIONAL LAW gram designed to empower nonprofit housing has also worked to start ‘‘Strive for College’’, CONFERENCE managers; and developed an Affordable Hous- a program the will help prepare students from ing Internship Program in partnership with underserved and disadvantaged communities West Virginia University, Marshall University to successfully transition from high school to HON. STEVE COHEN and West Virginia Wesleyan University. As a college. OF TENNESSEE matter of fact, I currently employ one of the Mr. Speaker, this scholarship not only hon- IN THE HOUSE OF REPRESENTATIVES first interns in this valuable program. ors the efforts to which Gabe Zimmerman de- Wednesday, April 25, 2012 voted his life, it also will support the work of Prior to joining Community Works, Mary Mr. COHEN. Mr. Speaker, I submit the fol- Yethzell Diaz and future students who are in- worked for the Federation of Appalachian lowing remarks given by Willy Mutunga, Chief volved in helping average citizens improve Housing Enterprises, known as FAHE, and Justice and President Supreme Court of their quality of life. held various positions at the West Virginia Kenya on April 13, 2012. f Housing Development Fund with the HOME Fellow Africans and our Friends: I thank Program and in the Commercial Business and CONGRATULATING THE USAF JUN- the Albany Law School and Professor James Development Department. IOR RESERVE OFFICER TRAIN- Gathii for inviting me to this conference. I Mary has remained active in many state and ING CORPS UNIT AT SOUTHERN am delighted to be among so many practi- tioners and scholars of international law local organizations that serve affordable hous- NASH HIGH SCHOOL ing solutions such as the West Virginia Inter- who share a commitment to Africa. There is a very special reason for me to be delivering agency Housing Council, NeighborWorks this address today. April 13th was the late America Rural Initiative Advisory Committee, HON. RENEE L. ELLMERS OF NORTH CAROLINA President—Mwalimu-Julius Nyerere’s birth- Board Member of Rea of Hope Fellowship day. He would have been 88 today. Nyerere Home for Women and as Board Member and IN THE HOUSE OF REPRESENTATIVES was a special and inspirational leader—he past-Chair of the West Virginia Affordable Wednesday, April 25, 2012 believed in the solidarity of the African peo- ple as well as in human dignity. Housing Trust Fund. Mrs. ELLMERS. Mr. Speaker, I rise today to Mr. Speaker, the purpose of the West Vir- Nyerere was interested in both constitu- recognize the United States Air Force Junior tional law and international law. There is a ginia Affordable Housing Hall of Fame is to Reserve Officer Training Corps Unit at South- picture of him as a student at Edinburgh recognize and honor men and women who ern Nash High School in Bailey, North Caro- holding a copy of Dicey’s Law of the Con- have made significant and lasting contributions lina. stitution. His interest was both scholarly to affordable housing in West Virginia. Mary Since 2006, Unit NC–935 has been selected and practical. It fell to him to develop a con- Skeens is truly a leader in affordable housing by Headquarters, United States Air Force Air stitution suitable for his country—where his and community investment, and deserving of University as a Distinguished Unit, ranking in commitment to a one party state, although this honor. intended to increase democracy, must have the top 25 percent of units worldwide. come sorely in conflict with the Diceyan I thank Mary for her years of service to the For the 2010–2011 School-Years, Unit NC– preference for the rule of law. As far as inter- improvement of housing for all West Vir- 935 was selected by Headquarters, United national law goes, he was greatly concerned ginians. West Virginia is fortunate to call Mary States Air Force Air University as a Distin- to promote African unity, redefine the rela- one of its own. guished Unit with Merit, the highest honor be- tionship between Africa (indeed the whole of

VerDate Mar 15 2010 06:12 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.018 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 25, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E653 the South) and the West—as well as deal eryone who applies or interprets the Con- ably counter-productive to exhibit much with Tanzania’s colonial legacy, including stitution or any law or performs any public legal skill! For many years law reports were that relating to treaty succession. He ruled duty: not up to date, and legal literature was all out automatic succession, so the newly inde- Patriotism, national unity, sharing and but non-existent. pendent country was not burdened with un- devolution of power, the rule of law, democ- Radical measures were needed. And they fair and unequal obligations. racy and participation of the people; are found firstly in a process of subjecting I also felt honored as I read the biographies Human dignity, equity, social justice, in- all serving judges and magistrates to an ex- of the other participants in this conference: clusiveness, equality, human rights, non- amination of their suitability to remain in they read like a ‘‘Who’s Who?’’ of inter- discrimination and protection of the office. This process is under way, in the national law and Africa. One only has to marginalized; hands of an independent body, a process with look at the conference program to see the Good governance, integrity, transparency which I have nothing to do, and on which it broad depth of international law work relat- and accountability; and is of course improper for me to comment. ing to Africa. The papers submitted are im- Sustainable development. Secondly, the appointment system was re- pressive. I am looking forward to the delib- I had argued before its promulgation that vamped. Now judges are interviewed and erations here and the opportunity to get to our constitution should establish a human nominated by a Judicial Service Commission know you and to talk about our common rights state and society whose vision is rad- truly independent of government. The Presi- commitments and concern about Africa. My ical social democracy. It is my view that this dent is to have no discretion but must act on challenge to you always is to continue mak- has now happened. It is, therefore, not sur- the Commission’s recommendation. The ing transformative contributions in your prising that there is considerable internal Chief Justice and Deputy must be approved work on Africa and international law. This and external resistance to the constitution by Parliament. I was myself interviewed by will at times require those of you who are from people who have a vested interest in the parliamentary committee, on live tele- based outside Africa to return home and help bad old habits—tribalism, nepotism and cor- vision, and questioned about, among other contribute to the growing use and practice of ruption. This increases the responsibility of things, my finances, my attitudes to certain international law in Africa. the judiciary to ensure the enforcement of sensitive issues, my sexuality and my My focus this morning is the new Constitu- the constitution, as indeed is envisaged in earring! tion of Kenya and the role of the judiciary Art. 20(3), which requires that a court devel- The judiciary has embarked upon many or- within it. First I want to tell you about that ops the law where the Bill of Rights fails to ganizational changes intended to realize the constitution and the vision that it espouses. give effect to a right or fundamental free- Constitution’s vision. These include the re- We are now engaged in the challenging but dom. cruitment of judges and magistrates and pro- The extent of my personal pride, sense of difficult task of implementation in which a fessional administrative staff. Recently we responsibility, and hope, as head of the judi- key role has been assigned to the judiciary. appointed 26 judges to the High Court (that ciary, can perhaps be judged from the fact The judiciary has already made a good start is the court of first instance of unlimited ju- that I once wrote a book about efforts for a on a progressive, indeed in some respects, risdiction)—half of them women. The Court new Constitution, in the 1990s, in which I radical jurisprudence—and now enjoys great of Appeal now has 7 more judges, 5 of them said ‘‘The process of making the new con- public support. women. We will recruit 160 Magistrates be- The Constitution is one of the most pro- stitution, the credibility of the final docu- fore the end of May, 2012. We have delinked gressive in the world. It was overwhelmingly ment and whether the people would be con- judicial functions from administrative func- approved in a referendum as a result of the vinced that they own the new constitution tions, boldly set out to stamp out corruption most consultative and participatory proc- are all issues at the root of the problem of in the judiciary while speeding up reforms in esses of Constitution making anywhere in constitution making. It is a fact that the ju- computerization and other electronic justice the world. The long period before the Con- diciary has not fully implemented the Bill of measures. We have achieved some significant stitution was upheld in the referendum was Rights to protect the rights of the people progress in reducing the backlog of cases and characterized not only by delays and dead- against encroachment by the executive and changing backward judicial culture. The 12 lock, but by a series of governance chal- state apparatuses. The overhauling of the ju- clusters that reflect these reforms, including lenges familiar in many countries of Africa: diciary and judicial system is also at the the creation of progressive, indigenous and An absence of a political culture of obedi- root of these issues.’’ patriotic jurisprudence that I touch on later I still believe in the key importance of the ence to and respect for rules, and a cavalier are contained in a write-up named the Judi- judiciary. And the Constitution does give it treatment, even of constitutional texts; cial Transformation Framework that I will Failed systems including the electoral sys- a central role. Article 259 requires that the launch in May, 2012. tem; Constitution be interpreted in a way that The constitution also provides for the de- Failed institutions including a corrupt ju- promotes its purposes, values and principles, centralization and democratization of the ju- diciary and police force; an obligation placed specifically upon courts diciary. Unlike previous years when the old A population tortured and inhibited from and tribunals by Article 159(2)(e). And it pro- constitution made the Chief Justice a judi- fulfilling its full potential; vides a practical basis for this central role of cial autocrat and monarch, under the new Exclusion of women and many groups from the courts by its provisions designed to constitution I do not control everything full participation in society; make them truly accessible, including from the top. I have already set up a man- Gross manipulation of ethnic, racial, re- through the institutionalization of public in- agement and leadership committee that is gional, religious, generational, clan, class, terest litigation. It destroys old concepts of representative and participatory. and occupational divisions by politicians for standing by providing that anyone may Organization is of course important, even their personal ends; bring an action to protect rights or enforce essential, to make the courts accessible, to Extreme inequality, great poverty and fail- the constitution, even if they have no inter- end the interminable delays, the strain on ure of even development; est other than that of concerned citizen. It the pockets and the patience, and to end im- An institutional culture of timidity, even prohibits the charging of court fees for ac- punity and, as far as the courts can, injus- where no threats existed; tions to enforce the Bill of Rights. It en- tice. But I want briefly to emphasize some- A society and politics characterized by vio- dorses the practice that the Indian Courts thing else. lence, fragility and instability; and call ‘‘epistolary jurisdiction’’—the possi- I preside over the Supreme Court. As I un- An international community that excelled bility of actions being commenced by infor- derstand the reasoning of the Constitution in perfidy and double standards and that mal documentation. And while requiring the makers when creating this new court, apart could not be relied upon to consistently sup- rules of natural justice to be observed, it de- from the desire to reintroduce the possibility port progressive constitutional reforms. nies the possibility of ‘‘unnatural justice’’ in of a second appeal, was similar to that that The result of the above has been a massive the form of procedural technicalities stand- motivated the drafters of the South African culture and practice of impunity and the ing in the way of justice. Much of this comes Constitution when they created the Con- marginalization of the constitution. The ultimately from the jurisprudence of the Su- stitutional Court: to have at the apex of the Constitution, which was, as my old teacher, preme Court of India, some by way of the system a court that would be respected, was and one of the leading constitutional schol- South African Constitution. committed to the Constitution and could set ars in Africa and the world, Yash Ghai is The judiciary was one of the most criti- a new standard, and a new tone. In my view, fond of saying, ‘‘forced upon the rulers by cized of the institutions of the old order. The one of the most important tasks that court the ruled.’’ Here Yash’s reference to rulers legacy of the one party state was still dis- will perform will be as a source of a new, means both internal and external rulers—for cernible in judicial pandering to executive highly competent and indigenous jurispru- Ghai, the Constitution has to be written to wishes. And I do not mean merely the sort of dence. address these ills. deference to the legislature that lawyers I link this last adjective to the Constitu- The 2010 Constitution of Kenya seeks to in- may legitimately argue about, but judges tion’s value of patriotism. Patriotism (when corporate such rules in a number of ways. who would adjourn matters before them to not being abused as the ‘‘last refuge of the For example, it constantly emphasizes the take instructions from State House. The ju- scoundrel’’ in Samuel Johnson’s words) re- sovereignty of the people, and is full of peo- diciary was one aspect of the machinery of quires putting love of country above love of ple oriented values. So Article 10 enumerates impunity. Simple financial corruption was self. For a judge it does not mean putting the national values and principles of govern- also rife. And, if you are auctioning your country above justice. I conceive that it re- ance that bind all state organs as well as ev- judgment to the highest bidder, it is prob- quires the judge to develop the law, for, as

VerDate Mar 15 2010 05:23 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.022 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS E654 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2012 we all know, in the common law system that The Supreme Court of India is at long last law but inescapably conflicts with it? And is what judges do, in a way that responds to becoming . . . the Supreme Court for Indi- what if the general rules of international law the needs of the people, and to the national ans. For too long the apex court had become are exploitative, oppressive and subvert the interest. I call this patriotic and indigenous ‘‘an arena of legal quibbling for men with radical social democratic vision of our con- jurisprudence. Above all, it requires a com- long purses’’. Now increasingly, the court is stitution? All these questions clearly iden- mitment to the Constitution and to the being identified by the Justices as well as tify where the scholarship of people like achievement of its values and vision. people as ‘‘the last resort of the oppressed yourselves, will be much appreciated by both But don’t get me wrong: by ‘‘patriotic and and bewildered.’’ bar and bench. indigenous’’ I do not mean insular and in- I would hope that the Supreme Court of I should also like to quote another Ban- ward looking. The values of the Kenyan Con- my country will be the Supreme Court for galore Principle, relevant to my theme of in- stitution are anything but that. We need to Kenyans where the oppressed and bewildered digenous jurisprudence: learn from other countries. And we need to will find justice. While it is desirable for the norms con- learn from scholars like this assembled com- But it is not enough for the Supreme Court tained in the international human rights in- pany. We intend to build up a network of in- to shine in jurisprudential terms. Most cases struments to be still more widely recognized terested and highly qualified academics who will never get beyond the High Court. The and applied by national courts, this process share our vision. I hope that some of you corollary of the decision to create a new, must take fully into account local laws, tra- here will form part of that network. My con- final, court of general, not specifically con- ditions, circumstances and needs. cern, when I emphasize ‘‘indigenous’’ is sim- stitutional jurisdiction, was the desire that How can we achieve this marriage con- ply that we should grow our jurisprudence courts at all levels could confront constitu- sistent with international law obligations? out of our own needs, without unthinking tional issues and deal with them in a way Let me also emphasize that Kenya does not deference to that of other jurisdictions and that fulfills the constitutional dream. We are intend to be a ‘‘user’’ of international law, courts, however, distinguished. The Kenyan hoping to raise standards of judging and but a producer, shaper and developer of it as judiciary has, therefore, a great opportunity standards of advocacy, including through the well. This is the link to the Nyerere Doctrine to develop a robust, indigenous, patriotic work of the Judicial Training Institute, and where I began. Nyerere refused to accede to and progressive jurisprudence that will give by adopting frequent use of written briefs, existing international rules on treaty succes- the country direction in its democratic de- rather than just skeleton oral arguments. sion and came up with his own innovation. velopment. This transformative mission is a The development of a new jurisprudence Kenyan judiciary will not just import all duty to all judicial officers. They have all must be a collaborative effort between international legal rules including those undertaken a constitutional obligation to judges at all levels, and practicing and aca- which are disempowering to the South as a undertake it and I have challenged them to demic lawyers. political and economic category. Instead, as make a personal obligation to help accom- The internet is making access to prece- I pointed above in our strategy to create an plish it. dents much easier, and there is an improve- indigenous, patriotic and progressive juris- Former Justice Krishna Iyer of the Indian ment in the law reporting situation. There is prudence, the Kenyan judiciary will use our Supreme Court expressed the same ambition, even some sign of a resurgence of interest in new constitution to begin a dialogue with in his inimitable style: writing about Kenyan law. Do add your bit! international legal communities to nudge Jurisprudence must match jurisdiction and If I may turn now to the focus of concern jurisdiction must broaden to meet the chal- the jurisprudence of social justice in a pro- of most of you: international law. The Con- gressive direction. In particular, we have a lenges of the masses hungry for justice after stitution took a bold step and provides that a long night of feudal-colonial injustice. . . . chance to develop jurisprudence on economic ‘‘The general rules of international law shall and social rights in ways that are unique to The rule of law must run close to the rule of form part of the law of Kenya’’ and ‘‘Any life and the court, to be authentic, must use our social and economic development. We in- treaty of convention ratified by Kenya shall tend, therefore, to be able to export progres- native jural genius, people-oriented legal form part of the law of Kenya under this theory and radical remedial methodology re- sive jurisprudence to the rest of the world. Constitution’’. Thus Kenya has become a Finally, let me not give the impression gardless of Oxbridge orthodoxy, elitist petu- monist state rather than a dualist one! lance and feudal hubris. that I am negative about the work of my ju- The implications of this will have to be dicial colleagues. There are many competent Far from being inward looking, it would be worked out over time, as cases come before my hope that we could learn from, and even and committed members of the bench. Even the courts. I would not have you imagine emulate, distinguished courts in other coun- under the former constitution with its inad- that Kenyan judges have ignored inter- tries, including, for example, the Supreme equate Bill of Rights (more limitations than national law. I know firsthand from Kenya’s Court of India and the South African Con- rights!) creative judges were doing their supercharged civil society that constantly stitutional Court. The Kenyan courts do not best. And now many of them, new and longer makes claims of international law to hold need to be as bold as the Indian apex court: established, are responding with enthusiasm the government accountable, exemplifies the many of its procedural innovations in public to the challenges and opportunities of the growing importance of international law in interest litigation are already enshrined in new Constitution. I cannot really comment our courts. The courts have often applied the our constitution. And I would argue that the on individual cases—none has come before us familiar common law approach, and indeed types of jurisprudence that that court has yet, and some will undoubtedly do so. But I been so creative in developing are already quoted the Bangalore Principles on Domestic personally feel encouraged by signs of will- part of our constitution. Protection of the Application of International Human Rights ingness to draw on international instru- environment, recognition of rights of com- Norms, including: ments, not only treaties, and by reliance on It is within the proper nature of the judi- munities especially in land, affirmative ac- the values including those of Article 10—as cial process and well-established judicial tion, rights of persons with disability, rights Article 259 requires. functions for national courts to have regard to education, health and food—and the re- As we say in Kenya in Kiswahili—Asante to international obligations which a country dress of past injustices—are engraved in our Sana. We also say Shukrani, shukran and constitutional text. undertakes—whether or not they have been shukria. Thank you very much. incorporated into domestic law—for the pur- What the first Chief Justice of the South f African Constitutional Court, Arthur pose of removing ambiguity or uncertainty Chaskalson, said of their constitution could form, national constitutions, legislation or HONORING THE LIFE AND SERVICE just as well be said of ours: common law. However, where national law is clear and OF CHARLES WALTER ‘‘WALT’’ We live in a society in which there are RUCKEL, JR. great disparities in wealth. Millions of peo- inconsistent with the international obliga- ple are living in deplorable conditions and in tions of the State concerned in common law great poverty. There is a high level of unem- countries the national court is obliged to HON. JEFF MILLER give effect to national law. In such cases the ployment, inadequate social security, and OF FLORIDA many do not have access to clean water or to court should draw such inconsistency to the IN THE HOUSE OF REPRESENTATIVES adequate health services. These conditions attention of the appropriate authorities already existed when the Constitution was since the supremacy of national law in no Wednesday, April 25, 2012 way mitigates a breach of an international adopted and a commitment to address them, Mr. MILLER of Florida. Mr. Speaker, on be- and to transform our society into one in legal obligation, which is undertaken by a which there will be human dignity, freedom country. half of the United States Congress, it is an and equality, lies at the heart of our new Now, however, the courts have greater honor for me to rise today to recognize the life constitutional order. freedom. Many issues will have to be re- of Northwest Florida’s beloved Charles Walter For these reasons, including that our Con- solved: what precisely are the ‘‘The general ‘‘Walt’’ Ruckel, Jr. Throughout Northwest Flor- stitution is couched often in language simi- rules of international law’’ ?; what is the ef- ida, Walt Ruckel was known for his warm na- fect of the direct application of a treaty of lar to that of South Africa, I anticipate that ture, immense generosity, dedicated service to we shall learn a great deal from them, which the language is not self-executing, though always, as I say, suiting the decisions such as ‘‘States Parties shall take all appro- his local community and, above all, his never- to our own realities. priate measures’’ rather than ‘‘everyone has ending love for his family. Walt Ruckel is sur- Upendra Baxi wrote, of Public Interest the right’’ ? And what is the effect of a treaty vived by 8 children, 12 grandchildren and 15 Litigation (PIL), provision that does not fill a gap in domestic great-grandchildren.

VerDate Mar 15 2010 05:23 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.022 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS April 25, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E655 Walt Ruckel was a true Northwest Floridian, IN MEMORY OF DELORES THOMAS dedicate significant time to their family, com- born and raised on the Gulf Coast. After grad- HADNOTT munities, churches, farm organizations, and uating from high school, he attended Davidson other local efforts. College and North Georgia College as part of HON. AL GREEN I’m proud to be from an area so rich with agricultural history—an area which celebrates the U.S. Army Specialized Training Reserve OF TEXAS and appreciates the hard-working men and Program. Upon completion of his training, Mr. IN THE HOUSE OF REPRESENTATIVES Ruckel entered the U.S. Army Air Corps, women who work on our farms, raising crops where he served as an airplane mechanic be- Wednesday, April 25, 2012 and livestock, helping to put food on our ta- fore being honorably discharged in 1947. In Mr. AL GREEN of Texas. Mr. Speaker, bles. The family farm is an important American 1948, he graduated from Soule Business Col- today, I would like to honor the memory of a institution, and Dale Hines and the rest of the lege in New Orleans and returned to his native noble public servant and spiritual leader, Hines family are an embodiment of that spirit. Northwest Florida where he began a distin- Delores Thomas Hadnott. With singular dedi- As a child, Dale grew up surrounded by farm- guished career in the Northwest Florida busi- cation, Ms. Hadnott devoted her life to faith- ing. Even at a young age, he spent his time ness community. Mr. Ruckel took a position fully serving her community. milking his family’s 30 Holstein cows along working as a bank teller and bookkeeper at Ms. Hadnott was born in Arcadia, LA on De- with his older brothers—a chore which be- Valparaiso State Bank in Valparaiso, Florida, cember 31, 1951. Her parents instilled within came a full-time career for Dale after grad- where he quickly established himself, rising to her the importance of education and the drive uating from Ellsworth High School in 1977. become Assistant Vice President in 1950 be- to help others. In 1972, she received her B.A. Today, the Hines Ranch, which was recog- fore becoming President of the bank in 1951. degree in Sociology from Grambling State Uni- nized in 1987 as the Wisconsin Conservation Mr. Ruckel continued to serve at the bank as versity in only three years, while serving as Farm of the Year, has grown exponentially. Chairman of the Board until 2004. salutatorian, class president and a member of They cultivate 810 acres of land and milk 80 Mr. Ruckel’s immense pride in his local Alpha Kappa Alpha Sorority, Incorporated. cows, a herd which produces more than community inspired him to pursue a career in After Ms. Hadnott completed Management 28,000 pounds of milk per cow. However, despite their farm’s growth amidst real estate and property development. In Training at the University of Houston, she the ever-changing world of farming, one thing 1955, he founded Ruckel Properties, which started her thirty-six year career with the has never changed for the Hineses: the impor- continues to serve the Northwest Florida com- American Red Cross—Greater Houston Area tance of the family-run operation. Although munity today. Through Mr. Ruckel’s leader- Chapter. Ms. Hadnott excelled in her position, only Dale’s family lives in the farmhouse, the ship, Ruckel Properties has developed count- becoming the office director of the southeast entire extended family is still very much in- less homes and businesses in Northwest Flor- branch office in 1987. Ms. Hadnott worked volved with the farm’s day-to-day operations. ida and has been a driving force in the devel- tirelessly to advocate for the betterment of Everyone helps out in whatever way they can, opment of the cities of Niceville and Houston and under-served individuals. whether it’s helping with the planting and har- Valparaiso. In addition to her lifelong service in her vesting of the crops, constructing all of the In addition to his work in the Northwest Flor- community, Ms. Hadnott acted in several roles at the Mount Carmel Missionary Baptist farm’s buildings, or keeping track of the ida business community, Walt Ruckel was books—a task which Dale’s 85-year-old moth- also a noted civic leader. He was a founding Church. Through her unselfish hard work and virtue, she eventually became the assistant er Joyce still does to this day. member of the Niceville-Valparaiso Rotary The Hines family is truly an example to fol- Club, where he served as President from 1954 church secretary, a member of the finance committee, program coordinator for the Mis- low, both due to the success of their farm and to 1955 and was twice named the club’s ‘‘Man the importance they place on family. It is with of the Year.’’ Mr. Ruckel truly believed in the sion Society and a Sunday school instructor. Ms. Hadnott’s leadership and community great pride that I rise today and congratulate value of community service, and he remained Dale Hines, a dedicated father, farmer, and active in the Rotary Club until his passing, service have been consistently recognized by her colleagues. Mayor Lee Brown honored her citizen, on having received proper recognition helping to organize and volunteer at the club’s of the hard work that he and his family have latest fundraiser. His steadfast dedication to on May 9, 2002 when he proclaimed it Delores Hadnott Day in the City of Houston. In put forth over the last half-century. He is truly serving his community extended beyond the deserving of the title of Master Agriculturist, Rotary Club, and he was active in many other 2006, she received the 42nd Annual Found- ers’ Day, Sojourner Truth Crystal and Profes- and I wish him and the rest of the Hines family civic organizations, including the local Cham- all of the best in the future. ber of Commerce, United Way and Boy sional awards. In 2009, I had the honor to f Scouts of America. present her with the 2009 Congressional Cer- tificate of Special Recognition. Northwest Florida is also home to numerous IN RECOGNITION OF STEPHANNIE Finally, Mr. Speaker, Delores Thomas military installations, and Mr. Ruckel was a FINLEY IN HONOR OF HER SERV- Hadnott will be missed dearly by her daughter, strong supporter of the servicemen and ICE TO THE COLORADO SPRINGS Crystal Denise, son, Lawrence Oliver, step- women and their families who form such an CHAMBER OF COMMERCE son, Lawrence Isaiah, grandson, Ashton Jo- integral part of our local community. Mr. siah, and daughter-in-law, Shakwanna. She Ruckel served as Chairman of the Air Force HON. DOUG LAMBORN will be remembered in the City of Houston as Armament Museum Foundation, where he OF COLORADO a dedicated public servant and valued commu- helped lead a successful effort to raise more IN THE HOUSE OF REPRESENTATIVES nity leader. May she rest in the peace she has than $1 million for the construction of the Air so richly earned. Wednesday, April 25, 2012 Force Armament Museum, located at Eglin Air Mr. LAMBORN. Mr. Speaker, I rise today to Force Base. f pay tribute to Stephannie Finley, the outgoing All those who had the fortune of meeting RECOGNIZING MASTER President of the Colorado Springs Chamber of Walt Ruckel were blessed by his kindness and AGRICULTURIST DALE HINES Commerce Governmental Affairs and Public generosity, and his impact on Northwest Flor- Policy Division. ida will never be forgotten. To some, Walt HON. RON KIND Stephannie began her career working for a Ruckel will be remembered as an invaluable OF WISCONSIN small food distribution business that served member and leader of the Northwest Florida IN THE HOUSE OF REPRESENTATIVES Peterson AFB, the Air Force Academy, and Ft. community, to others, an honorable member Carson. After the business was sold, Wednesday, April 25, 2012 and strong supporter of our Armed Forces. To Stephannie entered the world of politics. his friends and family, Walt Ruckel will most Mr. KIND. Mr. Speaker, I rise before you She has extensive experience including: fondly be remembered as a loving and com- today to congratulate a second-generation working for the White House Advance Team in mitted family man. dairy farmer from my home district in western the early 1990s, serving as a staffer to the Mr. Speaker, on behalf of the United States Wisconsin. Dale Hines is a hard-working man Colorado General Assembly, the Chief of Staff Congress, it gives me great pride to honor the from the beautiful small town of Ellsworth who for Colorado’s 3rd Congressional District, the life of Walt Ruckel and his living legacy. North- was recently recognized as a Master Agri- Director of State Government Relations for the west Florida has truly suffered a great loss culturist. This distinction, awarded by the mag- University of Colorado, and the Chief of Staff with his passing, and my wife Vicki joins me azine Wisconsin Agriculturist, recognizes Wis- to Lt. Governor Jane Norton. in sending our most heartfelt condolences to consin farmers who not only display an ability Stephannie first joined the Chamber in Feb- the entire Ruckel family. to raise crops or livestock, but those who also ruary of 2006. She has been a passionate and

VerDate Mar 15 2010 05:23 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\K25AP8.023 E25APPT1 jbell on DSK7SPTVN1PROD with REMARKS E656 CONGRESSIONAL RECORD — Extensions of Remarks April 25, 2012 dedicated servant to the Front Range of Colo- who inside a revival tent changed Louis’s life is that special warrior who never forsook his rado, and I extend her my sincerest thanks forever. After his reconfirmation to his God, duty and never forsook his honor. He was un- and wish her the best of success in her future Louis became a missionary to the same coun- broken. service. try that had held him captive. In Japan, he And that’s just the way it is. f preached the good word of forgiveness to the guards that tortured him during the war. f ‘‘UNBROKEN’’ Laura Hillenbrand tells the tale of the great IN REMEMBRANCE OF JUDGE American hero Louis Zamperini in the appro- PETER SIKORA HON. TED POE priately titled book ‘‘Unbroken.’’ Born in Olean, OF TEXAS New York in 1917, Louis moved to Torrance, IN THE HOUSE OF REPRESENTATIVES California with his Italian-American family in HON. DENNIS J. KUCINICH the 1920’s. Like most rural American children OF OHIO Wednesday, April 25, 2012 of the era, he grew up poor in the Depression. IN THE HOUSE OF REPRESENTATIVES Mr. POE of Texas. Mr. Speaker, on a fateful Louis’s teenage years were far different Wednesday, April 25, 2012 day in May 1943, bombardier Louis Zamperini from the life he leads today, but, they were a and his fellow airmen were flying in a B–24 precursor to the spunk he still exhibits some Mr. KUCINICH. Mr. Speaker, I rise today to over the Pacific Ocean on a reconnaissance 80 years later. In his younger years, he was honor Cuyahoga County Juvenile Court Judge mission. The plane fell apart mid-flight, crash- in and out of trouble with the law, having es- Peter M. Sikora. ing into the middle of ocean and killing all but tablished a reputation on the streets of Tor- Born on December 11, 1951, Judge Sikora three of the 11-man crew. rance as a fighter and a thief. It was here that was a lifelong Clevelander. He attended St. Ig- In the midst of the catastrophe and chaos, his older brother, Pete, discovered Louis’s tal- natius High School where he ran track, cross Louis along with his pilot Russell Allen Phillips ent for running. country and played on the hockey team. Trag- and tail gunner Francis McNamara, found a In an effort to restore his street reputation, ically, at the age of 17, Judge Sikora suffered small rubber life raft. All three avoided sharks, Louis joined the high school track team. Pete a life altering trampoline accident that left him dodged bullets from Japanese aircraft and de- helped develop Louis’s natural athletic speed in a wheelchair. However, he was able to vised ways to catch rainwater, fish and some- by training him, first for the mile run. By his overcome his injury and have a successful ca- times birds. senior year, Louis set the world’s high school reer as a judge. After 33 days on the raft, Francis McNa- record in the mile run. Soon after, he qualified After earning an associate’s degree from mara died. The chance of rescue for the other to run in the 1936 Berlin Olympics where he Cuyahoga Community College and graduating two men seemed bleak, until day 47, when was the top American finisher in the 5,000- as valedictorian from Baldwin-Wallace Col- their raft finally made landfall in the Marshall meter run. lege, Judge Sikora earned his law degree Islands. At the Berlin games, Louis’s speed caught from Case Western Reserve University. He Once they reached the island, Louie and Adolf Hitler’s attention, and Hitler sought him went on to serve as deputy legal counsel for Russell were immediately captured by Japa- out for a congratulatory handshake. The dicta- Governor Celeste in the mid-1980s before be- nese forces and put in a POW camp where torship that Louis witnessed in Berlin would coming deputy director and general counsel to they were imprisoned for over two years in soon affect him personally. the Ohio Department of Mental Retardation several infamous camps, including Ofuna, After returning from the ’36 Olympics, Louis and Developmental Disabilities. Omori and Naoetsu. Thought dead by his fam- enrolled at the University of Southern Cali- In 1989, former Governor Celeste appointed ily, Louis faced torture worse than death. fornia where he earned a track scholarship. It Judge Sikora to the Cuyahoga Juvenile Court One particular brutal guard, nicknamed ‘‘The was five years later that Louis enlisted in the where he continued to be re-elected for con- Bird,’’ planned to make an example of the fa- U.S. Army. After Pearl Harbor, Louis was sent secutive terms until his passing. He was the mous Olympian. Louis would look away from to Houston to train in the U.S. Air Corps bom- most veteran judge at the Cuyahoga County The Bird’s eyes and get punched for looking bardier school. From there, he served as a Juvenile Court. In addition to his service, away; Louis would stare into The Bird’s eyes bombardier in the South Pacific during World Judge Sikora was a dedicated and active and get punched for staring at his eyes. The War II. member of the Greater Cleveland community. Bird would then whip Louis with a 2-pound Louis is now 94 years young. Louis has He was a board member for the Cleveland steel buckle across the face and head. The done more in his life than many can claim: he Ballet, International Services Center, Health Bird would torture, starve and force Louis to ran in the 1936 Berlin Olympics; fought in the Hill Hospital for Children and MetroHealth Re- perform demeaning acts every day. It seems Second World War; survived a plane crash habilitation Institute of Ohio. unthinkable, but during the two years of abuse into the ocean; and endured two years of tor- I offer my condolences to his sister, Linda and torture, Louis never broke down. That is ture at Japanese POW camps. Having lived Baxendale; nieces and nephews, Nathan a resilient spirit. for nearly a century, Louis still travels the (Sara), Jared (Ashley), Aaron (Suzanne), Finally, almost 28 months after his plane country telling his story and inspiring genera- Leah, Molly, Claire, Ava, Hatcher, Briley, Mary crashed, Louis was brought home to Cali- tions to come. He still has the fight left in Grace and Jack; his caregiver, Jean Foutz fornia. Louis tried to balance the horrors of his him—don’t let his age fool you. and his court staff. imprisonment with his new found celebrity sta- Today, Louis still travels the world and tells Mr. Speaker and colleagues, please join me tus in America. His life began to spin out of his story of endurance and survival. His patri- in honoring Judge Peter Sikora, who dedi- control. This is not where his story ends. otic legacy of military service and plain old giv- cated his life to serving the Greater Cleveland Louis attributes getting his life back on track ing back is one of the best examples of our community. to a young evangelist named Billy Graham greatest generation in American history. Louis

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HIGHLIGHTS Senate passed S. 1789, 21st Century Postal Service Act, as amended. Senate H.R. 2767, to designate the facility of the United Chamber Action States Postal Service located at 8 West Silver Street Routine Proceedings, pages S2663–S2743 in Westfield, Massachusetts, as the ‘‘William T. Measures Introduced: Twenty-four bills and four Trant Post Office Building’’. resolutions were introduced, as follows: S. H.R. 3004, to designate the facility of the United 2346–2369, and S. Res. 435–438. Pages S2730–31 States Postal Service located at 260 California Drive Measures Reported: in Yountville, California, as the ‘‘Private First Class Special Report entitled ‘‘Revised Allocation to Alejandro R. Ruiz Post Office Building’’. Subcommittees of Budget Totals for Fiscal Year H.R. 3246, to designate the facility of the United 2013.’’. (S. Rept. No. 112–160) States Postal Service located at 15455 Manchester S. 1119, to reauthorize and improve the Marine Road in Ballwin, Missouri, as the ‘‘Specialist Peter Debris Research, Prevention, and Reduction Act, J. Navarro Post Office Building’’. with an amendment in the nature of a substitute. (S. H.R. 3247, to designate the facility of the United Rept. No. 112–161) States Postal Service located at 1100 Town and S. 1952, to improve hazardous materials transpor- Country Commons in Chesterfield, Missouri, as the tation safety and for other purposes. (S. Rept. No. ‘‘Lance Corporal Matthew P. Pathenos Post Office 112–162) Building’’. H.R. 298, to designate the facility of the United H.R. 3248, to designate the facility of the United States Postal Service located at 500 East Whitestone States Postal Service located at 112 South 5th Street Boulevard in Cedar Park, Texas, as the ‘‘Army Spe- in Saint Charles, Missouri, as the ‘‘Lance Corporal cialist Matthew Troy Morris Post Office Building’’. Drew W. Weaver Post Office Building’’. H.R. 1423, to designate the facility of the United S. Res. 419, expressing the sense of the Senate States Postal Service located at 115 4th Avenue that public servants should be commended for their Southwest in Ardmore, Oklahoma, as the ‘‘Specialist dedication and continued service to the United Micheal E. Phillips Post Office’’. States during Public Service Recognition week. H.R. 2079, to designate the facility of the United Page S2730 States Postal Service located at 10 Main Street in East Rockaway, New York, as the ‘‘John J. Cook Measures Passed: Post Office’’. 21st Century Postal Service Act: By 62 yeas to H.R. 2213, to designate the facility of the United 37 nays (Vote No. 82), Senate passed S. 1789, to States Postal Service located at 801 West Eastport improve, sustain, and transform the United States Street in Iuka, Mississippi, as the ‘‘Sergeant Jason Postal Service, by the order of the Senate of Thurs- W. Vaughn Post Office’’. day, April 19, 2011, 60 Senators having voted in the H.R. 2244, to designate the facility of the United affirmative, after taking action on the following States Postal Service located at 67 Castle Street in amendments proposed thereto: Pages S2683–97 Geneva, New York, as the ‘‘Corporal Steven Blaine Adopted: Riccione Post Office’’. Bingaman/Udall (NM) Amendment No. 2076 (to H.R. 2660, to designate the facility of the United Amendment No. 2000), to require that State liaisons States Postal Service located at 122 North for States without a district office are located within Holderrieth Boulevard in Tomball, Texas, as the their respective States. (Pursuant to the order of ‘‘Tomball Veterans Post Office’’. D396

VerDate Mar 15 2010 06:17 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP2.REC D25APPT1 jbell on DSK7SPTVN1PROD with DIGEST April 25, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D397 Tuesday, April 24, 2012, the requirement of a 60 af- Lieberman (for Warner/Mikulski) Modified firmative vote threshold, was vitiated.) Amendment No. 2071 (to Amendment No. 2000), Pages S2684–85 to require reporting regarding retirement processing Paul Amendment No. 2027 (to Amendment No. and modernization. (Pursuant to the order of Tues- 2000), to require the closing of post offices in the day, April 24, 2012, the requirement of a 60 affirm- Capitol Complex. (Pursuant to the order of Tuesday, ative vote threshold, was vitiated.) April 24, 2012, the requirement of a 60 affirmative Pages S2683, S2692–93 vote threshold, was vitiated.) Page S2685 Tester/Pryor Amendment No. 2032 (to Amend- Paul Modified Amendment No. 2029 (to Amend- ment No. 2000), to appropriately limit the pay of ment No. 2000), to require the Postal Service to Postal Service executives. (Pursuant to the order of take into consideration the impact of regulations Tuesday, April 24, 2012, the requirement of a 60 af- when developing a profitability plan. (Pursuant to firmative vote threshold, was vitiated.) Page S2693 the order of Tuesday, April 24, 2012, the require- Reid (for Lieberman) Modified Amendment No. ment of a 60 affirmative vote threshold, was viti- 2000, in the nature of a substitute. Pages S2683–97 ated.) Page S2687 Rejected: Carper Amendment No. 2066 (to Amendment By 43 yeas to 53 nays (Vote No. 77), Manchin/ No. 2000), to appropriately limit the compensation Rockefeller Amendment No. 2079 (to Amendment of executives of the Postal Service. (Pursuant to the No. 2000), to extend the moratorium on the closing order of Tuesday, April 24, 2012, the requirement and consolidation of postal facilities or post offices, of a 60 affirmative vote threshold, was vitiated.) stations, or branches. (Pursuant to the order of Pages S2687–88 Thursday, April 19, 2012, the amendment having Landrieu Amendment No. 2072 (to Amendment failed to achieve 60 affirmative votes, was not agreed No. 2000), to determine the impact of certain postal to.) Page S2683 facility closures or consolidations on small businesses. By 35 yeas to 64 nays (Vote No. 78), Paul (Pursuant to the order of Tuesday, April 24, 2012, Amendment No. 2028 (to Amendment No. 2000), the requirement of a 60 affirmative vote threshold, to establish a pilot program to test alternative meth- was vitiated.) Pages S2689–90 ods for the delivery of postal services. (Pursuant to McCaskill Amendment No. 2030 (to Amendment the order of Thursday, April 19, 2012, the amend- No. 2000), to improve the workers compensation ment having failed to achieve 60 affirmative votes, provisions. (Pursuant to the order of Tuesday, April was not agreed to.) Pages S2685–87 24, 2012, the requirement of a 60 affirmative vote By 23 yeas to 76 nays (Vote No. 79), Paul threshold, was vitiated.) Pages S2690–91 Amendment No. 2039 (to Amendment No. 2000), Pryor/Begich Amendment No. 2036 (to Amend- to prohibit employees of the United States Postal ment No. 2000), to express the sense of the Senate Service from engaging in collective bargaining. (Pur- with respect to the closing and consolidation of post- suant to the order of Thursday, April 19, 2012, the al facilities and post offices. (Pursuant to the order amendment having failed to achieve 60 affirmative of Tuesday, April 24, 2012, the requirement of a 60 votes, was not agreed to.) Page S2688 affirmative vote threshold, was vitiated.) Page S2691 By 44 yeas to 54 nays (Vote No. 80), Casey Rockefeller/Cardin Modified Amendment No. Amendment No. 2042 (to Amendment No. 2000), 2073 (to Amendment No. 2000), relative to Medi- to maintain current delivery time for market-domi- care educational program for Postal Service employ- nant products. (Pursuant to the order of Thursday, ees and retirees. (Pursuant to the order of Tuesday, April 19, 2012, the amendment having failed to April 24, 2012, the requirement of a 60 affirmative achieve 60 affirmative votes, was not agreed to.) vote threshold, was vitiated.) Page S2691 Pages S2688–89 Rockefeller Modified Amendment No. 2074 (to By 46 yeas to 53 nays (Vote No. 81), DeMint Amendment No. 2000), to improve the Postal Serv- Amendment No. 2046 (to Amendment 2000), to ice Health Benefits Program. (Pursuant to the order provide protections for postal workers with respect of Tuesday, April 24, 2012, the requirement of a 60 to their right not to subsidize union nonrepresenta- affirmative vote threshold, was vitiated.) tional activities. (Pursuant to the order of Thursday, Pages S2691–92 April 19, 2012, the amendment having failed to Schumer Amendment No. 2050 (to Amendment achieve 60 affirmative votes, was not agreed to.) No. 2000), to maintain all current door delivery Page S2690 point services. (Pursuant to the order of Tuesday, Congratulating the Boston College Men’s Ice April 24, 2012, the requirement of a 60 affirmative Hockey Team: Senate agreed to S. Res. 437, con- vote threshold, was vitiated.) Page S2692 gratulating the Boston College men’s ice hockey

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team on winning its fifth National Collegiate Ath- A routine list in the Army. Pages S2742–43 letic Association Division I Men’s Hockey Cham- Messages from the House: Page S2725 pionship. Pages S2741–42 Measures Referred: Page S2725 National Safe Digging Month: Senate agreed to S. Res. 438, to support the goals and ideals of Na- Measures Placed on the Calendar: Pages S2725, S2742 tional Safe Digging Month. Page S2742 Measures Considered: Executive Communications: Pages S2725–27 Violence Against Women Reauthorization Act— Petitions and Memorials: Pages S2727–30 Agreement: Senate began consideration of S. 1925, Executive Reports of Committees: Page S2730 to reauthorize the Violence Against Women Act of Additional Cosponsors: Pages S2731–32 1994, after agreeing to the motion to proceed. Pages S2664–83, S2697–S2720 Statements on Introduced Bills/Resolutions: A unanimous-consent-time agreement was reached Pages S2732–37 providing for further consideration of the bill at ap- Additional Statements: Pages S2724–25 proximately 9:30 a.m., on Thursday, April 26, 2012, Amendments Submitted: Pages S2737–41 that the Senate be in a period of debate only until 11:30 a.m., and that after the remarks of the two Authorities for Committees to Meet: Page S2741 Leaders, the time until 11:30 a.m. be equally di- Record Votes: Six record votes were taken today. vided and controlled between the two Leaders, or (Total—82) Pages S2684, S2687–90, S2696 their designees, with the Republicans controlling the Adjournment: Senate convened at 9:30 a.m. and first 45 minutes and the Majority controlling the adjourned at 6:33 p.m., until 9:30 a.m. on Thurs- second 45 minutes. Pages S2697–98 day, April 26, 2012. (For Senate’s program, see the Costa and Guaderrama Nominations—Agree- remarks of the Acting Majority Leader in today’s ment: A unanimous-consent-time agreement was Record on page S2742.) reached providing that at 11:30 a.m., on Thursday, April 26, 2012, Senate begin consideration of the nominations of Gregg Jeffrey Costa, of Texas, to be Committee Meetings United States District Judge for the Southern Dis- (Committees not listed did not meet) trict of Texas, and David Campos Guaderrama, of Texas, to be United States District Judge for the APPROPRIATIONS: NATIONAL AND Western District of Texas; that there be 30 minutes MILITARY INTELLIGENCE PROGRAMS for debate equally divided in the usual form; that upon the use or yielding back of time, Senate vote, Committee on Appropriations: Subcommittee on Depart- without intervening action or debate, on confirma- ment of Defense concluded a closed hearing to exam- tion of the nominations in the order listed; that no ine proposed budget estimates for fiscal year 2013 further motions be in order; and that following the for national and military intelligence programs, after votes on confirmation of the nominations, the Major- receiving testimony from James R. Clapper, Jr., Di- rector of National Intelligence; and Tom Ferguson, ity Leader be recognized. Page S2722 Principal Deputy Under Secretary of Defense for In- Nominations Received: Senate received the fol- telligence. lowing nominations: Terrence G. Berg, of Michigan, to be United DEFENSE AUTHORIZATION REQUEST AND States District Judge for the Eastern District of FUTURE YEARS DEFENSE PROGRAM Michigan. Committee on Armed Services: Subcommittee on Stra- Jesus G. Bernal, of California, to be United States tegic Forces concluded a hearing to examine ballistic District Judge for the Central District of California. missile defense policies and programs in review of Shelly Deckert Dick, of Louisiana, to be United the Defense Authorization Request for fiscal year States District Judge for the Middle District of Lou- 2013 and the Future Years Defense Program, after isiana. receiving testimony from J. Michael Gilmore, Direc- Lorna G. Schofield, of New York, to be United tor, Operational Test and Evaluation, Bradley H. States District Judge for the Southern District of Roberts, Deputy Assistant Secretary for Nuclear and New York. Missile Defense Policy, Lieutenant General Patrick J. Charles R. Breyer, of California, to be a Member O’Reilly, USA, Director, Missile Defense Agency, of the United States Sentencing Commission for a and Lieutenant General Richard P. Formica, USA, term expiring October 31, 2015. Commander, United States Army Space and Missile

VerDate Mar 15 2010 06:17 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP2.REC D25APPT1 jbell on DSK7SPTVN1PROD with DIGEST April 25, 2012 CONGRESSIONAL RECORD — DAILY DIGEST D399 Defense Command, Army Forces Strategic Com- BUSINESS MEETING mand, and Commander, Joint Functional Component Committee on Homeland Security and Governmental Af- Command for Integrated Missile Defense, all of the fairs: Committee ordered favorably reported the fol- Department of Defense; and Cristina T. Chaplain, lowing business items: Director, Acquisition and Sourcing Management, S. 241, to expand whistleblower protections to Government Accountability Office. non-Federal employees whose disclosures involve misuse of Federal funds, with an amendment in the DEFENSE AUTHORIZATION REQUEST AND nature of a substitute; FUTURE YEARS DEFENSE PROGRAM S. 2061, to provide for an exchange of land be- Committee on Armed Services: Subcommittee on Per- tween the Department of Homeland Security and the sonnel concluded a hearing to examine the Active, South Carolina State Ports Authority, with an Guard, Reserve, and civilian personnel programs in amendment; review of the Defense Authorization request for fiscal S. 1673, establish the Office of Agriculture In- year 2013 and the Future Years Defense Program, spection within the Department of Homeland Secu- after receiving testimony from Thomas R. Lamont, rity, which shall be headed by the Assistant Com- Assistant Secretary of the Army for Manpower and missioner for Agriculture Inspection, and for other Reserve Affairs, Juan M. Garcia III, Assistant Sec- purposes, with an amendment in the nature of a sub- retary of the Navy for Manpower and Reserve Af- stitute; fairs, Daniel B. Ginsberg, Assistant Secretary of the S. 1998, to obtain an unqualified audit opinion, Air Force for Manpower and Reserve Affairs, Lieu- and improve financial accountability and manage- tenant General Thomas P. Bostick, USA, Deputy ment at the Department of Homeland Security, with Chief of Staff G–1, Vice Admiral Scott R. Van an amendment in the nature of a substitute; Buskirk, USN, Chief of Naval Personnel, Lieutenant H.R. 3902, to amend the District of Columbia General Robert E. Milstead Jr., USMC, Assistant Home Rule Act to revise the timing of special elec- Commandant for Manpower and Reserve Affairs, and tions for local office in the District of Columbia; Lieutenant General Darrell D. Jones, USAF, Deputy H.R. 2668, to designate the station of the United Chief of Staff for Manpower, Personnel and Services, States Border Patrol located at 2136 South Naco all of the Department of Defense. Highway in Bisbee, Arizona, as the ‘‘Brian A. Terry Border Patrol Station’’; HOMEOWNERS REFINANCING S. Res. 419, expressing the sense of the Senate Committee on Banking, Housing, and Urban Affairs: that public servants should be commended for their Subcommittee on Housing, Transportation and dedication and continued service to the United Community Development concluded a hearing to ex- States during Public Service Recognition week; amine helping homeowners save money through refi- H.R. 298, to designate the facility of the United nancing, after receiving testimony from Christopher States Postal Service located at 500 East Whitestone J. Mayer, Columbia Business School, and Laurie S. Boulevard in Cedar Park, Texas, as the ‘‘Army Spe- Goodman, Amherst Securities Group LP, both of cialist Matthew Troy Morris Post Office Building’’; New York, New York; Debra W. Still, Mortgage H.R. 1423, to designate the facility of the United Bankers Association, Englewood, Colorado; Anthony States Postal Service located at 115 4th Avenue B. Sanders, George Mason University Mercatus Cen- Southwest in Ardmore, Oklahoma, as the ‘‘Specialist ter, Washington, D.C.; and Michael Calhoun, Center Micheal E. Phillips Post Office’’; for Responsible Lending, Durham, North Carolina. H.R. 2079, to designate the facility of the United States Postal Service located at 10 Main Street in TAX REFORM East Rockaway, New York, as the ‘‘John J. Cook Committee on Finance: Committee concluded a hearing Post Office’’; to examine tax reform, focusing on what it means for H.R. 2213, to designate the facility of the United state and local tax and fiscal policy, after receiving States Postal Service located at 801 West Eastport testimony from Frank Sammartino, Assistant Direc- Street in Iuka, Mississippi, as the ‘‘Sergeant Jason tor for Tax Analysis, Congressional Budget Office; W. Vaughn Post Office’’; Kim Rueben, Urban-Brookings Tax Policy Center, H.R. 2244, to designate the facility of the United and Joseph Henchman, Tax Foundation, both of States Postal Service located at 67 Castle Street in Washington, D.C.; Walter Hellerstein, University of Geneva, New York, as the ‘‘Corporal Steven Blaine Georgia Law School, Athens; and Sanford Zinman, Riccione Post Office’’; National Conference of CPA Practitioners, White H.R. 2660, to designate the facility of the United Plains, New York. States Postal Service located at 122 North

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Holderrieth Boulevard in Tomball, Texas, as the and Adam Gamoran, of Wisconsin, Judith D. Sing- ‘‘Tomball Veterans Post Office’’; er, of Massachusetts, Hirokazu Yoshikawa, of Massa- H.R. 2767, to designate the facility of the United chusetts, and David James Chard, of Texas, all to be States Postal Service located at 8 West Silver Street a Member of the Board of Directors of the National in Westfield, Massachusetts, as the ‘‘William T. Board for Education Sciences. Trant Post Office Building’’; H.R. 3004, to designate the facility of the United HOMELAND SECURITY OVERSIGHT States Postal Service located at 260 California Drive Committee on the Judiciary: Committee concluded an in Yountville, California, as the ‘‘Private First Class oversight hearing to examine the Department of Alejandro R. Ruiz Post Office Building’’; Homeland Security, after receiving testimony from H.R. 3246, to designate the facility of the United Janet Napolitano, Secretary of Homeland Security. States Postal Service located at 15455 Manchester SENATE CAMPAIGN DISCLOSURE PARITY Road in Ballwin, Missouri, as the ‘‘Specialist Peter ACT J. Navarro Post Office Building’’; H.R. 3247, to designate the facility of the United Committee on Rules and Administration: Committee States Postal Service located at 1100 Town and concluded a hearing to examine S. 219, to require Country Commons in Chesterfield, Missouri, as the Senate candidates to file designations, statements, ‘‘Lance Corporal Matthew P. Pathenos Post Office and reports in electronic form, after receiving testi- Building’’; mony from Senator Tester; Nancy Erickson, Secretary H.R. 3248, to designate the facility of the United of the Senate; and Paul S. Ryan, The Campaign States Postal Service located at 112 South 5th Street Legal Center, Washington, D.C. in Saint Charles, Missouri, as the ‘‘Lance Corporal VETERANS’ AFFAIRS MENTAL HEALTH Drew W. Weaver Post Office Building’’; and CARE The nominations of Tony Hammond, of Missouri, to be a Commissioner of the Postal Regulatory Com- Committee on Veterans’ Affairs: Committee concluded a mission, Mark A. Robbins, of California, to be a hearing to examine Veterans Affairs mental health Member of the Merit Systems Protection Board, and care, focusing on evaluating access and assessing care, Roy Wallace McLeese III, to be an Associate Judge after receiving testimony from William Schoenhard, of the District of Columbia Court of Appeals. Deputy Under Secretary for Health for Operations Management, Mary Schohn, Director, Office of Men- BUSINESS MEETING tal Health Operations, and Antonette Zeiss, Chief Committee on Health, Education, Labor, and Pensions: Consultant, Office of Mental Health Services, all of Committee ordered favorably reported the following the Veterans Health Administration, and Linda A. business items: Halliday, Assistant Inspector General for Audits and An original bill entitled ‘‘Food and Drug Admin- Evaluations, and John D. Daigh, Jr., Assistant In- istration Safety and Innovation Act’’; and spector General for Healthcare Inspections, both of The nominations of Deborah S. Delisle, of South the Office of Inspector General, all of the Depart- Carolina, to be Assistant Secretary of Education for ment of Veterans Affairs; Major General T.S. Jones, Elementary and Secondary Education, Bonnie L. USMC (Ret.), Outdoor Odyssey Youth Development Bassler, of New Jersey, to be a Member of the Na- and Leadership Academy, Lake Ridge, Virginia; and tional Science Board, National Science Foundation, Nicholas Tolentino, Washington, D.C.

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Pages H2123–26 100116), and modifications committed to con- Additional Cosponsors: Pages H2134–35 ference: Representatives Mica, Young (AK), Duncan Reports Filed: Reports were filed today as follows: (TN), Shuster, Capito, Crawford, Herrera Beutler, H.R. 2308, to improve the consideration by the Bucshon, Hanna, Southerland, Lankford, Ribble, Securities and Exchange Commission of the costs and Rahall, DeFazio, Costello, Norton, Nadler, Brown benefits of its regulations and orders, with an (FL), Cummings, Boswell, and Bishop (NY). amendment (H. Rept. 112–453) and Page H2108 H. Res. 631, providing for consideration of the From the Committee on Energy and Commerce, bill (H.R. 3523) to provide for the sharing of certain for consideration of sec. 142 and titles II and V of cyber threat intelligence and cyber threat informa- the House bill, and secs. 1113, 1201, 1202, subtitles tion between the intelligence community and cyber- B, C, D, and E of title I of Division C, secs. security entities, and for other purposes; providing 32701–32705, 32710, 32713, 40101, and 40301 of for consideration of motions to suspend the rules; the Senate amendment, and modifications committed providing for consideration of the bill (H.R. 4628) to conference: Representatives Upton, Whitfield, and to extend student loan interest rates for under- Waxman. Page H2108 graduate Federal Direct Stafford Loans; and for other From the Committee on Natural Resources, for purposes. Page H2123 consideration of secs. 123, 142, 204, and titles III Speaker: Read a letter from the Speaker wherein he and VI of the House bill, and sec. 1116, subtitles appointed Representative Palazzo to act as Speaker C, F, and G of title I of Division A, sec. 33009, ti- pro tempore for today. Page H2073 tles VI and VII of Division C, sec. 40101, subtitles A and B of title I of Division F, and sec. 100301 Recess: The House recessed at 10:51 a.m. and re- of the Senate amendment, and modifications com- convened at 1 p.m. Page H2078 mitted to conference: Representatives Hastings Chaplain: The prayer was offered by the guest chap- (WA), Bishop (UT), and Markey. Page H2108 lain, Reverend Matthew Barnes, Capital Commission From the Committee on Science, Space, and Tech- Indiana, Indianapolis, Indiana. Page H2078 nology for consideration of secs. 121, 123, 136, and Suspensions: The House agreed to suspend the rules 137 of the House bill, and sec. 1534, subtitle F of and pass the following measures: title I of Division A, secs. 20013, 20014, 20029, Digital Accountability and Transparency Act: 31101, 31103, 31111, 31204, 31504, 32705, H.R. 2146, amended, to amend title 31, United 33009, 34008, and Division E of the Senate amend- States Code, to require accountability and trans- ment, and modifications committed to conference: parency in Federal spending and for other purposes, Representatives Hall, Cravaack, and Eddie Bernice as amended. Pages H2082–95 Johnson (TX). Page H2108 Small Business Credit Availability Act: H.R. From the Committee on Ways and Means, for 3336, amended, to ensure the exclusion of small consideration of secs. 141 and 142 of the House bill, lenders from certain regulations of the Dodd-Frank and secs. 1801, 40101, 40102, 40201, 40202, Act, by a 2/3 yea-and-nay vote of 312 yeas to 111 40204, 40205, 40301–40307, 40309–40314, nays, Roll No. 180. Pages H2095–99, H2107 100112–100114, and 100116 of the Senate amend- ment, and modifications committed to conference: Surface Transportation Extension Act of 2012, Representatives Camp, Tiberi, and Blumenauer. Part II: The House disagreed to the amendment of Page H2108 the Senate to H.R. 4348, to provide an extension of Federal-aid highway, highway safety, motor carrier Recess: The House recessed at 3:24 p.m. and recon- safety, transit, and other programs funded out of the vened at 4:45 p.m. Page H2106 Highway Trust Fund pending enactment of a Suspension: The House agreed to suspend the rules multiyear law reauthorizing such programs, and and pass the following measure which was debated agreed to a conference with the Senate. yesterday, April 24th: Pages H2099–H2106, H2106–07, H2108 Authorizing the conveyance of two small parcels Rejected the Rahall motion to instruct conferees of land within the boundaries of the Coconino Na- on the bill by a yea-and-nay vote of 181 yeas to 242 tional Forest: H.R. 1038, amended, to authorize the nays, Roll No. 179. Page H2106 conveyance of two small parcels of land within the The Chair appointed the following conferees: boundaries of the Coconino National Forest con- From the Committee on Transportation and Infra- taining private improvements that were developed

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based upon the reliance of the landowners in an erro- U.S. POLICY TOWARD THE EVOLVING neous survey conducted in May 1960, by a 2/3 yea- SITUATION IN SYRIA, PART II and-nay vote of 421 yeas to 1 nay, Roll No. 181. Committee on Foreign Affairs: Subcommittee on the Pages H2107–08 Middle East and South Asia held a hearing entitled Quorum Calls—Votes: Three yea-and-nay votes de- ‘‘Confronting Damascus: U.S. Policy Toward the veloped during the proceedings of today and appear Evolving Situation in Syria, Part II’’. Testimony was on pages H2106, H2107, H2107–08. There were no heard from public witnesses. quorum calls. WESTERN HEMISPHERE BUDGET REVIEW Adjournment: The House met at 10 a.m. and ad- 2013 journed at 7:34 p.m. Committee on Foreign Affairs: Subcommittee on West- ern Hemisphere held a hearing entitled ‘‘Western Committee Meetings Hemisphere Budget Review 2013: What Are U.S. 2012 FARM BILL: RURAL DEVELOPMENT Priorities?’’ Testimony was heard from Roberta S. PROGRAMS Jacobson, Assistant Secretary of State; Bureau of Western Hemisphere Affairs, Department of State. Committee on Agriculture: Subcommittee on Rural De- velopment, Research, Biotechnology, and Foreign OVERSIGHT OF U.S. POLICY TOWARD Agriculture held a hearing entitled ‘‘Formulation of BURMA the 2012 Farm Bill: Rural Development Programs’’. Committee on Foreign Affairs: Subcommittee on Asia Testimony was heard from public witnesses. and the Pacific held a hearing entitled ‘‘Oversight of MISCELLANEOUS MEASURE; AND REPORT U.S. Policy Toward Burma’’. Testimony was heard ON SUBALLOCATION OF BUDGET from Kurt Campbell, Assistant Secretary, Bureau of East Asian and Pacific Affairs, Department of State; ALLOCATIONS FOR 2013 Nisha Biswal, Assistant Administrator for Asia, Committee on Appropriations: Full Committee held a United States Agency for International Development; markup of Energy and Water Appropriations Bill and public witnesses. FY 2013; and report on the suballocation of Budget Allocations for FY 2013. The Energy and Water Ap- LEGISLATIVE MEASURE propriations Bill FY 2013 was ordered reported, as Committee on the Judiciary: Subcommittee on Crime, amended; and the report on the suballocation of Terrorism, and Homeland Security held a hearing on Budget Allocations for FY 2013 was ordered re- H.R. 3361, the ‘‘Utilizing DNA Technology to ported without amendment. Solve Cold Cases Act of 2011’’. Testimony was heard from Dennis Kilcoyne, Detective, Robbery and REPLACING THE SEQUESTER Homicide Division, Los Angeles Police Department; Committee on the Budget: Full Committee held a hear- Peter M. Marone, Director, Virginia Department of ing entitled ‘‘Replacing the Sequester’’. Testimony Forensic Science; and public witnesses. was heard from Daniel I. Werfel, Controller, Office of Federal Financial Management, Office of Manage- LEGISLATIVE MEASURE ment and Budget. Committee on the Judiciary: Subcommittee on Courts, Commercial and Administrative Law held a hearing OVERSIGHT OF THE U.S. SECURITIES AND on H.R. 4377, the ‘‘Responsibly and Professionally EXCHANGE COMMISSION Invigorating Development Act of 2012’’. Testimony Committee on Financial Services: Subcommittee on Cap- was heard from public witnesses. ital Markets and Government Sponsored Enterprises held a hearing entitled ‘‘Oversight of the U.S. Secu- MISCELLANEOUS MEASURES rities and Exchange Commission’’. Testimony was Committee on the Judiciary: Full Committee held a heard from Mary L. Schapiro, Chairman, Securities markup of Committee Print of material to be trans- and Exchange Commission. mitted to the Committee on the Budget pursuant to Section 201 of H. Con. Res. 112; and H.R. 365, the SOURCES OF INSTABILITY IN AFRICA ‘‘National Blue Alert Act of 2011’’. The motion to Committee on Foreign Affairs: Full Committee held a transmit the Committee Print to the Committee on hearing entitled ‘‘LRA, Boko Haram, al-Shabaab, the Budget was agreed to; and H.R. 365 was or- AQIM and Other Sources of Instability in Africa’’. dered reported, as amended. Testimony was heard from Donald Y. Yamamoto, Principal Deputy Assistant Secretary Bureau of Afri- MISCELLANEOUS MEASURES can Affairs, Department of State; Daniel Benjamin Committee on Natural Resources: Full Committee held Ambassador-at-Large, Coordinator for Counterter- a markup of the following measures: H.R. 460, the rorism, Bureau of Counterterrorism, Department of ‘‘Bonneville Unit Clean Hydropower Facilitation State; and Amanda J. Dory, Deputy Assistant Sec- Act’’; H.R. 1237, to provide for a land exchange retary for African Affairs, Office of the Secretary of with the Trinity Public Utilities District of Trinity Defense, Department of Defense. County, California, involving the transfer of land to

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the Bureau of Land Management and the Six Rivers pose of amendment the amendment in the nature of National Forest in exchange for National Forest Sys- a substitute consisting of the text of Rules Com- tem land in the Shasta-Trinity National Forest, and mittee Print 112–20 and provides that it shall be for other purposes; H.R. 1272, the ‘‘Minnesota considered as read. The rule waives all points of Chippewa Tribe Judgment Fund Distribution Act of order against the amendment in the nature of a sub- 2011’’; H.R. 1818, the ‘‘Mt. Andrea Lawrence Des- stitute. The rule makes in order only those amend- ignation Act of 2011’’; H.R. 2467, the ‘‘Bridgeport ments printed in the Rules Committee report. Each Indian Colony Land Trust, Health, and Economic such amendment may be offered only in the order Development Act of 2011’’; H.R. 2489, the ‘‘Amer- printed in the report, may be offered only by a ican Battlefield Protection Program Amendments Member designated in the report, shall be considered Act of 2011’’; H.R. 2621, the ‘‘Chimney Rock Na- as read, shall be debatable for the time specified in tional Monument Establishment Act’’; H.R. 3874, the report equally divided and controlled by the pro- the ‘‘Black Hills Cemetery Act’’; H.R. 4027, to clar- ponent and an opponent, shall not be subject to ify authority granted under the Act entitled ‘‘An Act amendment, and shall not be subject to a demand to define the exterior boundary of the Uintah and for division of the question. The rule waives all Ouray Indian Reservation in the State of Utah, and points of order against the amendments printed in for other purposes’’; H.R. 4222, to provide for the the report. The rule provides one motion to recom- conveyance of certain land inholdings owned by the mit with or without instructions. United States to the Tucson Unified School District The rule further provides that it shall be in order and to the Pascua Yaqui Tribe of Arizona, and for at any time through the legislative day of April 27, other purposes; S. 363, to authorize the Secretary of 2012, for the Speaker to entertain motions that the Commerce to convey property of the National Oce- House suspend the rules, as though under clause 1 anic and Atmospheric Administration to the City of of rule XV, relating to the following measures: H.R. Pascagoula, Mississippi, and for other purposes; and 2096, the Cybersecurity Enhancement Act of 2011; S. 925, the ‘‘Mt. Andrea Lawrence Designation Act H.R. 3834, the Advancing America’s Networking of 2011’’. The following measures were ordered re- and Information Technology Research and Develop- ported, as amended: H.R. 460; H.R. 1272; measures ment Act of 2012; and H.R. 4257, the Federal In- were ordered reported, without amendment: H.R. formation Security Amendments Act of 2012. 1237; H.R. 1818; H.R. 4027; S. 363; and S. 925. The rule provides further for a closed rule for con- sideration of H.R. 4628, Interest Rate Reduction ADEQUATELY PROTECTING TAXPAYERS Act. The rule provides one hour of debate equally FROM MEDICAID FRAUD divided and controlled by the chair and ranking mi- Committee on Oversight and Government Reform: Sub- nority member of the Committee on Education and committee on Health Care, District of Columbia, the Workforce. The rule waives all points of order Census and National Archives; and Subcommittee on against consideration of the bill and provides that it Regulatory Affairs, Stimulus Oversight and Govern- shall be considered as read. The rule waives all ment Spending held a joint hearing entitled ‘‘Is points of order against provisions in the bill. The Government Adequately Protecting Taxpayers from rule provides one motion to recommit. Medicaid Fraud?’’. Testimony was heard from Sen- Finally, the rule provides that the Committee on ator Charles E. Grassley and Representative Michele Appropriations may, at any time before 6 p.m. on Bachmann; Gabriel Feldman, Local Medicaid Direc- Wednesday, May 2, 2012, file privileged reports to tor for the Personal Care Services Program, New accompany measures making appropriations for the York County Health Services Review Organization; fiscal year ending September 30, 2013. Testimony Cindy Mann, Director, Center for Medicaid and was heard on H.R. 3523 from Chairman Mike Rog- State Operations, Centers for Medicare and Medicaid ers (MI) and Representatives Barton (TX), Mulvaney, Services; Lucinda Jesson, Commissioner, Minnesota Ruppersberger, Schakowsky, Langevin, Schiff, Jack- Department of Human Services; and Carolyn L. son Lee (TX), Thompson (MS), and Richardson. Tes- Yocom, Director, Health Care, Government Ac- timony was heard on H.R. 4628 from Representa- countability Office. tives Biggert and Tierney. CYBER INTELLIGENCE SHARING & HOW THE REPORT ON CARCINOGENS USES PROTECTION ACT AND INTEREST RATE SCIENCE TO MEET ITS STATUTORY REDUCTION ACT OBLIGATIONS Committee on Rules: Granted, by voice vote, a struc- Committee on Science, Space, and Technology: Sub- tured rule for H.R. 3523, Cyber Intelligence Sharing committee on Investigations and Oversight; and & Protection Act. The rule provides one hour of Subcommittee on Healthcare and Technology held a general debate equally divided and controlled by the joint hearing entitled ‘‘How the Report on Carcino- chair and ranking minority member of the Perma- gens Uses Science to Meet its Statutory Obligations, nent Select Committee on Intelligence. The rule and its Impact on Small Business Jobs’’. Testimony waives all points of order against consideration of the was heard from Linda S. Birnbaum, Director, Na- bill. The rule makes in order as original text for pur- tional Institute of Environmental Health Sciences

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Committee on Transportation and Infrastructure: Sub- Committee on Banking, Housing, and Urban Affairs: to committee on Aviation held a hearing entitled ‘‘A hold hearings to examine legislative proposals in the De- Review of Aviation Safety in the United States’’. partment of Housing and Urban Development’s fiscal Testimony was heard from Margaret Gilligan, Asso- year 2013 budget, 10 a.m., SD–538. ciate Administrator for Aviation Safety, Federal Committee on Energy and Natural Resources: business Aviation Administration; David Grizzle, Chief Oper- meeting to consider Adam E. Sieminski, of Pennsylvania, ating Officer, Air Traffic Organization, Federal Avia- to be Administrator of the Energy Information Adminis- tration, Department of Energy, Marcilynn A. Burke, of tion Administration; Jeffrey B. Guizetti, Assistant North Carolina, to be an Assistant Secretary of the Inte- Inspector General for Aviation and Special Programs rior, and Anthony T. Clark, of North Dakota, and John Audit, Inspector General, Department of Transpor- Robert Norris, of Iowa, both to be a Member of the Fed- tation; Gerald L. Dillingham, Director, Physical In- eral Energy Regulatory Commission; to be immediately frastructure Division, Government Accountability followed by a hearing to examine weather related elec- Office; and public witnesses. trical outages, 9:30 a.m., SD–366. MOVING FROM UNEMPLOYMENT CHECKS Committee on Finance: to hold hearings to examine tax filing season, focusing on improving the taxpayer experi- TO PAYCHECKS ence, 10 a.m., SD–215. Committee on Ways and Means: Subcommittee on Committee on Foreign Relations: business meeting to con- Human Resources held a hearing entitled ‘‘Moving sider S. 2224, to require the President to report to Con- from Unemployment Checks to Paychecks: Imple- gress on issues related to Syria, H.R. 1016, to measure menting Recent Reforms’’. Testimony was heard the progress of relief, recovery, reconstruction, and devel- from Jane Oates, Assistant Secretary, Employment opment efforts in Haiti following the earthquake of Janu- and Training Administration, Department of Labor; ary 12, 2010, S. Res. 401, expressing appreciation for Darrell Gates, Deputy Commissioner, New Hamp- Foreign Service and Civil Service professionals who rep- shire Department of Employment Security; Larry resent the United States around the globe, an original Temple, Executive Director, Texas Workforce Com- resolution calling for democratic change in Syria, the mission; and public witnesses. nominations of Scott H. DeLisi, of Minnesota, to be Am- bassador to the Republic of Uganda, Michael A. Raynor, IMPACT OF LIMITATIONS ON THE USE OF of Maryland, to be Ambassador to the Republic of Benin, TAX-ADVANTAGED ACCOUNTS FOR THE and Makila James, of the District of Columbia, to be PURCHASE OF OVER-THE-COUNTER- Ambassador to the Kingdom of Swaziland, all of the De- partment of State, and lists in the Foreign Service, 2 MEDICATION p.m., S–116, Capitol. Committee on Ways and Means: Subcommittee on Subcommittee on East Asian and Pacific Affairs, to Oversight held a hearing entitled ‘‘Impact of Limita- hold hearings to examine United States policy on Burma, tions on the Use of Tax-Advantaged Accounts for 3 p.m., SD–419. the Purchase of Over-the-Counter Medication’’. Tes- Committee on Homeland Security and Governmental Affairs: timony was heard from public witnesses. to hold hearings to examine biological security, focusing on the risk of dual-use research, 10 a.m., SD–342. Joint Meetings Subcommittee on Oversight of Government Manage- ment, the Federal Workforce, and the District of Colum- No joint committee meetings were held. bia, to hold hearings to examine financial literacy, focus- ing on empowering Americans to prevent the next finan- f cial crisis, 2:30 p.m., SD–342. COMMITTEE MEETINGS FOR THURSDAY, Committee on the Judiciary: business meeting to consider APRIL 26, 2012 the nominations of Michael P. Shea, to be United States District Judge for the District of Connecticut, Gonzalo P. (Committee meetings are open unless otherwise indicated) Curiel, to be United States District Judge for the South- Senate ern District of California, and Robert J. Shelby, to be Committee on Appropriations: business meeting to markup United States District Judge for the District of Utah, vice proposed budget estimates for fiscal year 2013 for Agri- Tena Campbell, 10 a.m., SD–226. culture, Rural Development, Food and Drug Administra- tion and related agencies and Energy and Water Develop- House ment, 10:30 a.m., SD–106. Committee on Agriculture, Subcommittee on Conserva- Committee on Armed Services: to hold hearings to examine tion, Energy, and Forestry, hearing entitled ‘‘Formulation the nominations of Kathleen H. Hicks, of Virginia, to be of the 2012 Farm Bill: Conservation Programs’’, 9:30 Principal Deputy Under Secretary for Policy, and Derek a.m., 1300 Longworth.

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Subcommittee on Livestock, Dairy, and Poultry, hear- ‘‘International Patent Issues: Promoting a Level Playing ing entitled ‘‘Formulation of the 2012 Farm Bill: Dairy Field for American Industry Abroad’’, 10 a.m., 2141 Ray- Programs’’, 2 p.m., 1300 Longworth. burn. Committee on Appropriations, Full Committee, markup of Subcommittee on the Constitution, hearing entitled Commerce, Justice, and Science Appropriations Bill FY ‘‘Victims’ Rights Amendment’’, 2 p.m., 2141 Rayburn. 2013, 10 a.m., 2359 Rayburn. Committee on Natural Resources, Full Committee, hearing Committee on Armed Services, Subcommittee on Military entitled ‘‘Increased Electricity Costs for American Fami- Personnel, markup of H.R. 4310, to authorize appropria- lies and Small Businesses: The Potential Impacts of the tions for fiscal year 2013 for military activities of the De- Chu Memorandum’’, 10 a.m., 1324 Longworth. partment of Defense, to prescribe military personnel Subcommittee on Energy and Mineral Resources, hear- strengths for fiscal year 2013, and for other purposes, ing on the following measures: H.R. 4381, the ‘‘Planning 10:30 a.m., 2212 Rayburn. for American Energy Act’’; H.R. 4382, the ‘‘Providing Subcommittee on Seapower and Projection Forces, Leasing Certainty for American Energy Act’’; H.R. 4383, markup of H.R. 4310, to authorize appropriations for fis- the ‘‘Streamlining Permitting of American Energy Act’’; cal year 2013 for military activities of the Department of H.R. 4402, the ‘‘National Strategic and Critical Minerals Defense, to prescribe military personnel strengths for fis- Production Act of 2012’’; H.R. 1192, the ‘‘Soda Ash cal year 2013, and for other purposes, 12 p.m., 2118 Royalty Extension, Job Creation, and Export Enhance- Rayburn. ment Act of 2011’’; and H.R. 2176, the ‘‘Clean Energy Subcommittee on Strategic Forces, markup of H.R. Promotion Act’’, 3 p.m., 1324 Longworth. 4310, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, to pre- Committee on Oversight and Government Reform, Full Com- scribe military personnel strengths for fiscal year 2013, mittee, markup to amend title 5, United States Code, to and for other purposes, 1:30 p.m., 2122 Rayburn. comply with the reconciliation directive included in sec- Subcommittee on Emerging Threats and Capabilities, tion 201 of the Concurrent Resolution on the Budget for markup of H.R. 4310, to authorize appropriations for fis- Fiscal Year 2013; H.R. 2008, the ‘‘Keeping Politics Out cal year 2013 for military activities of the Department of of Federal Contracting Act of 2011’’; H.R. 3609, the Defense, to prescribe military personnel strengths for fis- ‘‘Taxpayers Right to Know Act’’; H.R. 4078, the ‘‘Regu- cal year 2013, and for other purposes, 3:30 p.m., 2118 latory Freeze for Jobs Act’’; and the ’’Midnight Rule Re- Rayburn. lief Act of 2012’’, 9 a.m., 2154 Rayburn. Committee on Education and the Workforce, Full Com- Committee on Science, Space, and Technology, Subcommittee mittee, hearing entitled ‘‘Reviewing the President’s Fiscal on Space and Aeronautics, hearing entitled ‘‘An Overview Year 2013 Budget Proposal for the U.S. Department of of the NASA Aeronautics Research Mission Directorate Health and Human Services’’, 10 a.m., 2175 Rayburn. Budget for Fiscal Year 2013’’, 10 a.m., 2318 Rayburn. Committee on Foreign Affairs, Subcommittee on Africa, Committee on Small Business, Subcommittee on Agri- Global Health, and Human Rights, hearing entitled ‘‘The culture, Energy and Trade, hearing entitled ‘‘Small Busi- North-South Sudan Conflict’’, 2 p.m., 2200 Rayburn. ness Innovators: On the Cutting Edge of Energy Solu- Subcommittee on Europe and Eurasia, hearing entitled tions’’, 10 a.m., 2360 Rayburn. ‘‘NATO: The Chicago Summit and U.S. Policy’’, 2:30 Committee on Transportation and Infrastructure, Sub- p.m., 2172 Rayburn. committee on Coast Guard and Maritime Transportation, Committee on Homeland Security, Subcommittee on hearing entitled ‘‘Regulation of the Maritime Industry: Counterterrorism and Intelligence; and Subcommittee on Ensuring U.S. Job Growth While Improving Environ- Cybersecurity, Infrastructure, Protection, and Security mental and Worker Safety’’, 9 a.m., 2167 Rayburn. Technologies, joint hearing entitled ‘‘Iranian Cyber Committee on Ways and Means, Subcommittee on Select Threat to the U.S. Homeland’’, 10 a.m., 311 Cannon. Revenue Measures, hearing entitled ‘‘Expiring Tax Provi- Subcommittee on Emergency Preparedness, Response, sions’’, 10 a.m., 1100 Longworth. and Communications, hearing entitled ‘‘Ensuring the Ef- ficiency, Effectiveness, and Transparency of Homeland Se- Joint Meetings curity Grants (Part II): Stakeholder Perspectives’’, 2 p.m., Joint Economic Committee: to hold hearings to examine 311 Cannon. gas prices in the Northeast, focusing on the potential im- Committee on the Judiciary, Subcommittee on Intellectual pact on the American consumer due to loss of refining Property, Competition and the Internet, hearing entitled capacity, 2:15 p.m., SD–G50.

VerDate Mar 15 2010 06:17 Apr 26, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0627 Sfmt 5627 E:\CR\FM\D25AP2.REC D25APPT1 jbell on DSK7SPTVN1PROD with DIGEST D406 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2012

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, April 26 10 a.m., Thursday, April 26

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of the following ation of S. 1925, Violence Against Women Reauthoriza- measure under suspension of the Rules: H.R. 4257—Fed- tion Act. At 11:30, Senate will begin consideration of the eral Information Security Amendments Act of 2012. nominations of Gregg Jeffrey Costa, of Texas, to be Begin consideration of H.R. 3523—Cyber Intelligence United States District Judge for the Southern District of Sharing and Protection Act (Subject to a Rule). Texas, and David Campos Guaderrama, of Texas, to be United States District Judge for the Western District of Texas, and vote on confirmation of the nominations at approximately 12 p.m. Following which, the Majority Leader will be recognized.

Extensions of Remarks, as inserted in this issue

HOUSE Griffith, H. Morgan, Va., E649 Murphy, Christopher S., Conn., E644 Hoyer, Steny H., Md., E639 Pence, Mike, Ind., E648 Aderholt, Robert B., Ala., E651 Jackson Lee, Sheila, Tex., E641 Perlmutter, Ed, Colo., E639, E640, E641, E642, E643, Berkley, Shelley, Nev., E640 Johnson, Eddie Bernice, Tex., E643 E644, E645, E646, E647, E648 Capito, Shelley Moore, W.Va., E652 Johnson, Timothy V., Ill., E640 Poe, Ted, Tex., E649, E656 Coffman, Mike, Colo., E646 Kind, Ron, Wisc., E655 Quigley, Mike, Ill., E640, E642, E645 Cohen, Steve, Tenn., E652 Kucinich, Dennis J., Ohio, E640, E642, E645, E647, Reed, Tom, N.Y., E647 Connolly, Gerald E., Va., E648, E649, E651 E650, E656 Richardson, Laura, Calif., E645 Costello, Jerry F., Ill., E648 Lamborn, Doug, Colo., E641, E655 Roe, David P., Tenn., E639 Cuellar, Henry, Tex., E646 Latham, Tom, Iowa, E651 Rogers, Mike, Ala., E649 Denham, Jeff, Calif., E641 Long, Billy, Mo., E646 Schiff, Adam B., Calif., E641 Ellmers, Renee L., N.C., E639, E652 Lowey, Nita M., N.Y., E642 Stivers, Steve, Ohio, E650 Farr, Sam, Calif., E652 McCollum, Betty, Minn., E646 Tierney, John F., Mass., E650 Gerlach, Jim, Pa., E639 McIntyre, Mike, N.C., E647 Wolf, Frank R., Va., E643 Green, Al, Tex., E655 Miller, Jeff, Fla., E654 Woolsey, Lynn C., Calif., E650

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