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, MONDAY, JUNE 18, 2012 No. 92 House of Representatives The House met at 2 p.m. and was come forward and lead the House in the it’s got to stop. This Congress needs to called to order by the Speaker pro tem- Pledge of Allegiance. stand up to this administration start- pore (Mr. LATOURETTE). Mr. BURGESS led the Pledge of Alle- ing today. f giance as follows: f DESIGNATION OF THE SPEAKER I pledge allegiance to the Flag of the United States of America, and to the Repub- CHIEF IGNORER OF THE LAW PRO TEMPORE lic for which it stands, one nation under God, (Mr. POE of Texas asked and was The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. given permission to address the House fore the House the following commu- f for 1 minute.) nication from the Speaker: Mr. POE of Texas. Mr. Speaker: PRESIDENT OBAMA CREATES WASHINGTON, DC, MORE CHAOS AND UNCERTAINTY With respect to the notion that I can just June 18, 2012. suspend deportations through executive I hereby appoint the Honorable STEVEN C. (Mr. BURGESS asked and was given order, that’s just not the case, because there LATOURETTE to act as Speaker pro tempore permission to address the House for 1 are laws on the books that Congress has on this day. minute and to revise and extend his re- passed. JOHN A. BOEHNER, marks.) Mr. Speaker, that was President Speaker of the House of Representatives. Mr. BURGESS. Mr. Speaker, on Fri- Obama a year ago. But that was then f day, the administration showed it is and this is now. PRAYER less concerned with supporting policies On Friday, the administration issued The Chaplain, the Reverend Patrick that will put millions of unemployed an imperial decree, acting to unilater- J. Conroy, offered the following prayer: Americans back to work and instead ally ignore portions of the immigration Dear God, we give You thanks for has decided to go in an entirely new di- law of the land. Mr. Speaker, the last giving us another day. rection. Unilateral changes in law that time I checked, it was Congress who We ask Your special blessing upon have been done for political expediency makes law, not the President. And it is the Members of this people’s House. put individuals ahead of the 12.5 mil- the job of the Executive to enforce They face difficult decisions in difficult lion people who have been seeking laws, not ignore the ones he just 1 times, with many forces and interests work for the past 3 ⁄2 years. doesn’t like. demanding their attention. Mr. Speaker, the administration has The President has no interest in fix- In these days, give wisdom to all the produced an executive order that is a ing the broken immigration system. Members that they might execute their political decision—purely political— Instead, he has decreed this temporary responsibilities to the benefit of all and one that will continue to block op- amnesty in hopes of winning votes in Americans. portunities for American citizens try- November. He doesn’t like the con- Bless them, O God, and be with them ing to find employment. stitutional process for law-making be- and with us all this day and every day Prosecutorial discretion is what we cause it just gets in his way, so he acts to come. May all that is done be for heard this was. This is not prosecu- like an emperor instead of a President. Your greater honor and glory. torial discretion. Prosecutorial discre- It’s time for the former constitu- Amen. tion means you decide whether or not tional professor to read the Constitu- to prosecute an individual for a crime tion. f they may or may not have committed. And that’s just the way it is. THE JOURNAL What this is is new policy, new policy f The SPEAKER pro tempore. The that is being implemented by the ad- UNCERTAINTY DESTROYS JOBS Chair has examined the Journal of the ministration unilaterally—no respect last day’s proceedings and announces for the people’s House, no respect for (Mr. WILSON of South Carolina to the House his approval thereof. the United States Congress, no respect asked and was given permission to ad- Pursuant to clause 1, rule I, the Jour- for the legislative branch. Instead, dress the House for 1 minute and to re- nal stands approved. prosecutorial discretion now has vise and extend his remarks.) f morphed into, well, we’ll provide you a Mr. WILSON of South Carolina. Mr. work permit good for 2 years that’s re- Speaker, in Wednesday’s Washington PLEDGE OF ALLEGIANCE newable for 2 years. Examiner, columnist John Stossel The SPEAKER pro tempore. Will the This administration has a history of quoted Economist John B. Taylor of gentleman from Texas (Mr. BURGESS) picking winners and losers. This time the Hoover Institution who stated:

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

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VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.000 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3710 CONGRESSIONAL RECORD — HOUSE June 18, 2012 Unpredictable economic policy—massive ment to accept illegal aliens’ applica- Mr. HECK. Mr. Speaker, I rise today fiscal stimulus and ballooning debt, the Fed- tions for work permits. I am deeply to recognize the outstanding career of eral Reserve’s quantitative easing with alarmed that America’s President so Dr. John W. Becher, or ‘‘Chief’’ as he multiyear near-zero interest rates, and regu- blatantly undermines the rule of law. was called by scores of medical resi- latory uncertainty due to ObamaCare and the Dodd-Frank financial reforms—is the Article I, section 1 of our Constitu- dents, an osteopathic physician who main cause of persistent high unemployment tion states: has dedicated his life to his patients, and our feeble recovery. All legislative powers herein granted shall his students, and to the improvement Over the last 3 years, our economy be vested in a Congress of the United States. of the medical profession. has not improved, our unemployment Article I, section 8 states: Dr. Becher’s commitment to the field rate has remained above 8 percent, our The Congress shall have the power to regu- of emergency medicine spans more small business owners have been forced late commerce and to establish a uniform than 30 years. As professor and chair- to pay higher taxes, and the govern- rule of naturalization. man of the Department of Emergency ment spending continues to spiral out Article II defines executive branch Medicine at the Philadelphia College of of control. The President and his lib- power. It does not give any President Osteopathic Medicine, he has helped eral allies in the Senate continue to the power to make his own laws. In countless students and residents, my- support legislation that creates more America, we elect Presidents, not self included, develop their skills and barriers resulting in job loss. The Caesars. The only way to change Amer- become an essential part of our health President and the Senate should work ica’s immigration law is as our Con- care workforce. with House Republicans and pass over stitution demands, through Congress, As a young resident at Albert Ein- 30 House bills that are aimed to create not by imperial decree. In America, no stein Medical Center, I was fortunate jobs through private sector growth. one, not even the President, is above to have Dr. Becher’s insight and guid- In conclusion, God bless our troops; the law. I urge Congress and all law- ance as my residency director. His and we will never forget September the abiding Americans to protect our Con- dedication to emergency medicine was 11th in the global war on terrorism. stitution from White House attacks. evident then, and his understanding of the osteopathic profession was invalu- Best wishes for a speedy recovery for ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE able to my training and to my career. Earl Brown of Columbia. The SPEAKER pro tempore. The His involvement in the field of osteo- Chair will remind all Members to avoid f pathic medicine is unparalleled. In ad- personal references toward the Presi- dition to his work at PCOM, he cur- SENATE SUGAR VOTE dent of the United States. rently serves as the secretary treasurer (Mr. PITTS asked and was given per- f of the National Board of Osteopathic mission to address the House for 1 Medical Examiners and is a member of minute and to revise and extend his re- ELECTRIC COOPERATIVE YOUTH the board of trustees for the American marks.) TOUR Osteopathic Association. Mr. PITTS. Mr. Speaker, I want to (Mr. SMITH of Nebraska asked and He was a member of the editorial praise my colleague from Pennsyl- was given permission to address the board of the Journal of the American vania, Senator TOOMEY, for introducing House for 1 minute and to revise and Osteopathic Association for nearly 20 an amendment to the farm bill to extend his remarks.) years, and he is the past president of phase out the Federal sugar program. Mr. SMITH of Nebraska. Mr. Speak- the American College of Osteopathic Though the Senate narrowly voted to er, I rise today to recognize the more Emergency Physicians—and these are table the amendment, it demonstrated than 1,500 youth from across America only some of his accomplishments. His that there is substantial bipartisan visiting our Nation’s capital this week never-ending contributions and service support to reform a program that hurts to participate in the 48th annual Elec- to his profession and his patients have American job creators and consumers. tric Cooperative Youth Tour. These rightly been recognized, most recently Today’s Wall Street Journal editorial high school juniors and seniors are at- by the awarding of the O.J. Snyder Me- entitled ‘‘A Tale of Two Conservatives’’ tending meetings with their Senators morial Medal. also praises Senator TOOMEY and calls and Representatives, watching floor ac- Dr. Becher’s lifelong commitment to out the Republicans who voted against tion from the respective galleries, and patient care and to the excellence of this free-market amendment. visiting museums and memorials dedi- future physicians serves as a powerful By some estimates, the Federal sugar cated to our country’s rich past. legacy to the field of emergency medi- program artificially doubles the price I personally look forward to meeting cine. I consider myself fortunate to of sugar in the United States. While we with the 18 participating students from have learned under his leadership, and protect sugar growers and processors, Nebraska and urge my colleagues to it is an honor to recognize his achieve- sugar users and consumers are at a se- take time this week to meet with ments. vere disadvantage. American jobs have youth from their States as well. These Chief, my sincere congratulations on been lost as foreign competitors ben- students are part of a great tradition. your well-deserved retirement. efit from reduced prices for raw sugar. Every June, for the past 48 years, more than 50,000 young citizens and future The Department of Commerce esti- f mates that sugar-using industries lost leaders have come to Washington, D.C., with the help of their electric coopera- 112,000 jobs from 1997 to 2009. Here in COMMUNICATION FROM THE tives. Electric Cooperative Youth Tour the House, I’m working with DANNY CLERK OF THE HOUSE DAVIS on a bipartisan amendment to alumni are now engaged at many levels the farm bill. I hope that when the of government as well. The SPEAKER pro tempore laid be- Chamber considers reforming the farm I want to once again applaud these fore the House the following commu- bill, Democrats and Republicans can young people and thank participating nication from the Clerk of the House of come together to protect jobs and stop electric cooperatives and rural electric Representatives: the government from playing favorites. associations for sponsoring these pro- OFFICE OF THE CLERK, grams to instill lessons of citizenship HOUSE OF REPRESENTATIVES, f Washington, DC, June 15, 2012. in the next generation. Hon. JOHN A. BOEHNER, PROTECT THE CONSTITUTION f The Speaker, U.S. Capitol, House of Representa- FROM WHITE HOUSE ATTACKS b 1410 tives, Washington, DC. (Mr. BROOKS asked and was given DEAR MR. SPEAKER: Pursuant to the per- permission to address the House for 1 RECOGNIZING THE OUTSTANDING mission granted in clause 2(h) of rule II of minute.) CAREER OF DR. JOHN W. BECHER the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- Mr. BROOKS. Mr. Speaker, last week (Mr. HECK asked and was given per- sage from the Secretary of the Senate on Barack Obama unilaterally and unlaw- mission to address the House for 1 June 15, 2012 at 10:20 a.m.: fully changed America’s immigration minute and to revise and extend his re- That the Senate passed without amend- law by ordering the Federal Govern- marks.) ment H. Con. Res. 128.

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.003 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3711 With best wishes, I am The SPEAKER pro tempore. Is there students at the Indian school can at- Sincerely, objection to the request of the gen- tain the best possible education and to KAREN L. HAAS, tleman from Washington? be able to support their mission. Santa Clerk. There was no objection. Fe Indian School provides a chal- f Mr. HASTINGS of Washington. Mr. lenging, stimulating, and nurturing RECESS Speaker, I yield myself such time as I learning environment that shares edu- may consume. The SPEAKER pro tempore. Pursu- cational responsibility with Native The Santa Fe Indian School in Santa communities, parents, and students to ant to clause 12(a) of rule I, the Chair Fe, New Mexico, established in the late declares the House in recess until ap- develop the students’ true potential to 1800s, is a Federal off-reservation meet obligations to themselves and proximately 4 p.m. today. boarding school for the 19 pueblo gov- Accordingly (at 2 o’clock and 12 min- their tribal communities. ernors of New Mexico. On December 20, In this time of financial uncertainty utes p.m.), the House stood in recess. 2000, Public Law 106–568 transferred 115 and the limitations of the Federal Gov- f acres of property to the school with ernment to assist in Federal education b 1601 certain limitations. H.R. 1556 would programs, it is so important to give allow the Santa Fe Indian School to AFTER RECESS Santa Fe Indian School the tools they use its 115 acres of land for economic need to help their students receive a The recess having expired, the House development. The bill will retain the quality education regardless of the cli- was called to order by the Speaker pro prohibition on Indian gaming on the mate in Washington. H.R. 1556 would tempore (Mr. LATOURETTE) at 4 o’clock transferred land. achieve that goal. I’m proud to be able and 1 minute p.m. I urge adoption of the measure, and I to assist the Santa Fe Indian School in f reserve the balance of my time. amending the Omnibus Indian Ad- ´ ANNOUNCEMENT BY THE SPEAKER Mr. LUJAN. Mr. Speaker, I yield my- vancement Act to allow the school to PRO TEMPORE self such time as I may consume. achieve new heights in educating Na- Mr. Speaker, I would like to thank tive American students. This technical The SPEAKER pro tempore. Pursu- Chairman HASTINGS, Chairman YOUNG, amendment will help make the school ant to clause 8 of rule XX, the Chair Ranking Member MARKEY, and Rank- more self-sufficient and create greater will postpone further proceedings ing Member BOREN for working with opportunities for students attending today on motions to suspend the rules me in the Natural Resources Com- the Indian School by ensuring the fi- on which a recorded vote or the yeas mittee to help address the many issues nancial capability to maintain and ex- and nays are ordered, or on which the impacting Indian Country and the pand the level of academic and cultural vote incurs objection under clause 6 of tribes I represent in New Mexico. I also education for Native American stu- rule XX. want to recognize the hard work of the dents. Record votes on postponed questions superintendent of Santa Fe Indian This is a commonsense bill that will will be taken later in the day. School and former governor of Kewa help Native American students in New f Pueblo, Everett Chavez, and former Mexico, and I urge the support of my OMNIBUS INDIAN ADVANCEMENT AIPC president and former NCAI presi- colleagues. I thank the chairman for ACT AMENDMENT dent Joe Garcia on this bill. They his support as well. worked with the pueblos and the All I yield back the balance of my time. Mr. HASTINGS of Washington. Mr. Indian Pueblo Council to support this Mr. HASTINGS of Washington. I urge Speaker, I move to suspend the rules legislation, which will help Santa Fe adoption of the bill, and I yield back and pass the bill (H.R. 1556) to amend Indian School and New Mexico’s 19 the balance of my time. the Omnibus Indian Advancement Act pueblos achieve educational sov- Ms. RICHARDSON. Mr. Speaker, I rise to allow certain land to be used to gen- ereignty for Native American students today in support of H.R. 1556, which amends erate income to provide funding for across New Mexico. the Omnibus Indian Advancement Act to allow academic programs, and for other pur- Santa Fe Indian School and the 19 land taken into trust for the 19 Pueblos of New poses. pueblos approached my office early last Mexico to be used to generate income to pro- The Clerk read the title of the bill. year seeking the introduction of a vide funding for academic programs and other The text of the bill is as follows: technical change to the Omnibus In- purposes of the Sante Fe Indian School. I am H.R. 1556 dian Advancement Act to allow certain proud to co-sponsor the Omnibus Indian Ad- Be it enacted by the Senate and House of Rep- lands designated to the school to be vancement Act, and I thank my colleague, resentatives of the United States of America in used to generate income to provide Congressman LUJA´N for introducing this legis- Congress assembled, funding for academic and cultural pro- lation. SECTION 1. LAND USE. grams at the Indian school. Knowing As a member of the Native American Cau- Section 824(a) of the Omnibus Indian Ad- the importance of what Santa Fe In- cus, addressing the needs of Native Ameri- vancement Act (Public Law 106–568) is amended to read as follows: dian School provides to Native Amer- cans is of great importance to me. California ‘‘(a) LIMITATION FOR EDUCATIONAL, HEALTH, ican students in New Mexico, I was is home to over one hundred federally recog- CULTURAL, AND ECONOMIC DEVELOPMENT PUR- very interested in their approach to nized tribes and it is my belief that these tribes POSES.—The land taken into trust under sec- move toward true financial independ- deserve the right to use land to fund academic tion 823(a) shall be used solely for the edu- ence and educational sovereignty for programs for the advancement of their citi- cational, health, or cultural purposes of the Santa Fe Indian School and its stu- zens. Santa Fe Indian School and economic devel- dents. This legislation will allow eligible tribes to opment projects that provide funding for I want to point out the importance of promote self-determination and economic self- such purposes.’’. sovereignty and what it means for our sufficiency by allowing the land taken into trust The SPEAKER pro tempore. Pursu- tribal brothers and sisters to be able to under section 823(a) to be used solely for the ant to the rule, the gentleman from provide a quality education for their educational, health, or cultural purposes and Washington (Mr. HASTINGS) and the own children. Education is truly em- economic development projects that provide gentleman from New Mexico (Mr. powering, especially when Native funding for such purposes. LUJA´ N) each will control 20 minutes. American students are able to get an The Sante Fe Indian School has a Commu- The Chair recognizes the gentleman education that embraces their cultural nity-Based Education Program that is seen na- from Washington. and traditional identities—and that is tionwide as a model of instructional innovation. GENERAL LEAVE the type of education Santa Fe Indian The over 700 students that attend the Sante Mr. HASTINGS of Washington. Mr. School provides. Fe Indian School, are able to participate in a Speaker, I ask unanimous consent that I worked with Superintendent Chavez constructive learning environment with new all Members may have 5 legislative and Santa Fe Indian School to draft a dormitories, new classrooms, and student ac- days to revise and extend their re- bill that would make a technical tivity centers. Sante Fe Indian School grad- marks and include extraneous mate- amendment to allow the school to ex- uates are given an effectual education and rials on the bill under consideration. plore economic opportunities so that past graduates have received over $800,000

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4634 Sfmt 9920 E:\CR\FM\A18JN7.002 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3712 CONGRESSIONAL RECORD — HOUSE June 18, 2012 in scholarship assistance to schools such as surface estate delineated in Public Law 440 terest reserved by the State under paragraph Dartmouth, Georgetown, and Notre Dame. Not (approved March 11, 1948) and south of the (3), shall automatically terminate 30 years only are students of the Sante Fe Indian border between Grand County, Utah, and after the date of enactment of this section.’’. Uintah County, Utah, and select in lieu of The SPEAKER pro tempore. Pursu- School able to enter into the competitive envi- such relinquished lands, on an acre-for-acre ronment of college admissions, but students basis, any subsurface mineral lands of the ant to the rule, the gentleman from are also equipped with a knowledge to better United States located beneath the surface es- Washington (Mr. HASTINGS) and the understand the issues facing tribes in the tate delineated in Public Law 440 (approved gentleman from New Mexico (Mr. Southwest to one day be able to return to March 11, 1948) and north of the border be- LUJA´ N) each will control 20 minutes. these communities to contribute positively to tween Grand County, Utah, and Uintah The Chair recognizes the gentleman County, Utah, subject to the following condi- from Washington. the infrastructure that is necessary for contin- tions: ued growth. ‘‘(1) RESERVATION BY UNITED STATES.—The GENERAL LEAVE Mr. Speaker, I urge my colleagues to join Secretary of the Interior shall reserve an Mr. HASTINGS of Washington. Mr. me in supporting H.R. 1556 to allow Native overriding interest in that portion of the Speaker, I ask unanimous consent that American tribes the opportunity to continue to mineral estate comprised of minerals subject all Members may have 5 legislative improve the educational programs and envi- to leasing under the Mineral Leasing Act (30 days to revise and extend their re- U.S.C. 171 et seq) in any mineral lands con- ronment for these students. Native Americans marks and insert extraneous materials should be afforded the opportunity to raise veyed to the State. ‘‘(2) EXTENT OF OVERRIDING INTEREST.—The on the bill under consideration. funds for their educational pursuits and be- overriding interest reserved by the United The SPEAKER pro tempore. Is there come actively involved in the economic devel- States under paragraph (1) shall consist of— objection to the request of the gen- opment and constructive use of their land. ‘‘(A) 50 percent of any bonus bid or other tleman from Washington? The SPEAKER pro tempore. The payment received by the State as consider- There was no objection. ation for securing any lease or authorization question is on the motion offered by Mr. HASTINGS of Washington. I the gentleman from Washington (Mr. to develop such mineral resources; ‘‘(B) 50 percent of any rental or other pay- yield myself such time as I may con- HASTINGS) that the House suspend the ments received by the State as consideration sume. rules and pass the bill, H.R. 1556. for the lease or authorization to develop Mr. Speaker, H.R. 4027 is a bipartisan The question was taken; and (two- such mineral resources; bill that would clarify the boundaries thirds being in the affirmative) the ‘‘(C) a 6.25 percent overriding royalty on of the Uintah and Ouray Indian Res- rules were suspended and the bill was the gross proceeds of oil and gas production ervation as passed by the Hill Creek passed. under any lease or authorization to develop such oil and gas resources; and Extension of 1948. The bill would au- A motion to reconsider was laid on thorize Utah’s School and Industrial the table. ‘‘(D) an overriding royalty on the gross proceeds of production of such minerals Trust Land Administration to relin- f other than oil and gas, equal to 50 percent of quish to the Ute Indian Tribe its sub- MESSAGES FROM THE PRESIDENT the royalty rate established by the Secretary surface mineral rights in exchange for of the Interior by regulation as of October 1, Messages in writing from the Presi- subsurface rights to an equal number 2011. of acres of other land owned by the dent of the United States were commu- ‘‘(3) RESERVATION BY STATE OF UTAH.—The nicated to the House by Ms. Wanda State of Utah shall reserve, for the benefit of Federal Government. The exchange Evans, one of his secretaries. its State school trust, an overriding interest would allow the school trust fund and in that portion of the mineral estate com- the tribe to explore additional oil and f prised of minerals subject to leasing under gas development that will help support CLARIFICATION OF AUTHORITY the Mineral Leasing Act (30 U.S.C. 181 et seq) Utah education and create jobs for the GRANTED REGARDING DEFINING in any mineral lands relinquished by the tribe while preserving more culturally EXTERIOR BOUNDARY OF THE State to the United States. sensitive land for the tribe. UINTAH AND OURAY INDIAN ‘‘(4) EXTENT OF OVERRIDING INTEREST.—The overriding interest reserved by the State I urge adoption of the resolution, and RESERVATION under paragraph (3) shall consist of— I reserve the balance of my time. ´ Mr. HASTINGS of Washington. Mr. ‘‘(A) 50 percent of any bonus bid or other Mr. LUJAN. Mr. Speaker, I yield my- Speaker, I move to suspend the rules payment received by the United States as self such time as I may consume. and pass the bill (H.R. 4027) to clarify consideration for securing any lease or au- Mr. Speaker, H.R. 4027 clarifies exist- authority granted under the Act enti- thorization to develop such mineral re- ing law regarding the Federal Govern- sources on the relinquished lands; ment’s authority to permit land ex- tled ‘‘An Act to define the exterior ‘‘(B) 50 percent of any rental or other pay- boundary of the Uintah and Ouray In- ments received by the United States as con- changes within the boundaries of the dian Reservation in the State of Utah, sideration for the lease or authorization to Ute Indian Reservation in northeastern and for other purposes’’. develop such mineral resources; Utah and resolves the tribe’s split es- The Clerk read the title of the bill. ‘‘(C) a 6.25 percent overriding royalty on tate problem caused by Federal error The text of the bill is as follows: the gross proceeds of oil and gas production over 50 years ago. This legislation re- under any lease or authorization to develop H.R. 4027 turns the subsurface mineral estate to such oil and gas resources; and Be it enacted by the Senate and House of Rep- the Ute Tribe in a portion of its res- ‘‘(D) an overriding royalty on the gross ervation that the tribe considers cul- resentatives of the United States of America in proceeds of production of such minerals Congress assembled, other than oil and gas, equal to 50 percent of turally and environmentally signifi- SECTION 1. CLARIFICATION OF AUTHORITY. the royalty rate established by the Secretary cant and thus preserves the area’s pris- The Act entitled ‘‘An Act to define the ex- of the Interior by regulation as of October 1, tine wilderness from development. The terior boundary of the Uintah and Ouray In- 2011. bill also benefits the State of Utah by dian Reservation in the State of Utah, and ‘‘(5) NO OBLIGATION TO LEASE.—Neither the opening up Federal minerals for devel- for other purposes’’, approved March 11, 1948 United States nor the State shall be obli- opment in an area of the tribe’s res- (62 Stat. 72), as amended by the Act entitled gated to lease or otherwise develop oil and ervation already being developed by ‘‘An Act to amend the Act extending the ex- gas resources in which the other party re- the tribe’s energy company. terior boundary of the Uintah and Ouray In- tains an overriding interest under this sec- dian Reservation in the State of Utah so as tion. Legislation that corrects a Federal to authorize such State to exchange certain ‘‘(6) COOPERATIVE AGREEMENTS.—The Sec- error and satisfies both tribal and mineral lands for other lands mineral in retary of the Interior is authorized to enter State interests, without cost to the character’’ approved August 9, 1955, (69 Stat. into cooperative agreements with the State Federal Government, does not come 544), is further amended by adding at the end and the Ute Indian Tribe of the Uintah and along very often. Mr. MATHESON is to the following: Ouray Reservation to facilitate the relin- be commended for his dedication in ‘‘SEC. 5. In order to further clarify author- quishment and selection of lands to be con- seeing this bill pass out of the House izations under this Act, the State of Utah is veyed under this section, and the adminis- and for crafting a workable solution to hereby authorized to relinquish to the tration of the overriding interests reserved United States, for the benefit of the Ute In- hereunder. a difficult problem. dian Tribe of the Uintah and Ouray Reserva- ‘‘(7) TERMINATION.—The overriding interest I urge my colleagues to support H.R. tion, State school trust or other State-owned reserved by the Secretary of the Interior 4027, and I reserve the balance of my subsurface mineral lands located beneath the under paragraph (1), and the overriding in- time.

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.013 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3713 b 1610 This bill will authorize Utah to relinquish cer- of Chippewa County of the State of Michi- Mr. HASTINGS of Washington. Mr. tain subsurface mineral lands for the benefit of gan. the Ute Indian Tribe. Native American tribes SEC. 2. MODIFICATION OF LAND GRANT PATENT Speaker, I reserve the balance of my ISSUED BY SECRETARY OF THE IN- time. deserve the opportunity to benefit from the TERIOR. Mr. LUJA´ N. Mr. Speaker, I yield natural resources available on their land. (a) IN GENERAL.—The Secretary of the In- such time as he may consume to the The bill concurrently protects the interests of terior shall modify the matter under the gentleman from Utah (Mr. MATHESON). Utah, by requiring the State to reserve an heading ‘‘Subject Also to the Following Con- Mr. MATHESON. Mr. Speaker, I rise overriding interest in the portion of the mineral ditions’’ of paragraph 6 of United States Pat- in support of H.R. 4027, a bill to author- estate that is being relinquished. This portion ent Number 61–2000–0007 by striking ‘‘White- ize an acre-for-acre exchange of sub- fish Point Comprehensive Plan of October of the mineral lands is to be reserved for the 1992 or for a gift shop’’ and inserting ‘‘Human surface mineral lands within the Hill benefit of the school trust. Use/Natural Resource Plan for Whitefish Creek Extension between the State of Mr. Speaker, as a member of the Native Point, dated December 2002’’. Utah and the United States on behalf American Caucus, I am proud to work with my (b) EFFECT.—Each other term of the con- of the Ute Tribe. colleagues in the House to continue to protect veyance relating to the property that is the I really want to thank Chairman the rights and interests of Native Americans subject of United States Patent Number 61– HASTINGS and his staff, and also sub- around the country. As such, I urge my col- 2000–0007, including each obligation to main- committee Chairman YOUNG and his tain the property in accordance with the Na- leagues to join me in supporting H.R. 4027. tional Historic Preservation Act (16 U.S.C. staff, Ranking Member MARKEY and his The SPEAKER pro tempore. The 470 et seq.) and any other appropriate law staff, and Ranking Member BOREN and question is on the motion offered by (including regulations), and the obligation to his staff for their support in moving the gentleman from Washington (Mr. use the property in a manner that does not this bill through the Natural Resources HASTINGS) that the House suspend the impair or interfere with the conservation Committee. And I would also like to rules and pass the bill, H.R. 4027. values of the property, shall remain in effect. thank my colleague from Utah (Mr. The question was taken; and (two- SEC. 3. EFFECTIVE DATE. BISHOP) who is a cosponsor of the bill. thirds being in the affirmative) the (a) IN GENERAL.—The modification of In the transaction authorized in this rules were suspended and the bill was United States Patent Number 61–2000–0007 in accordance with section 2 shall become effec- bill, the tribe would acquire certain passed. State minerals in Grand County, Utah, tive on the date of the recording of the modi- A motion to reconsider was laid on fication in the Office of the Register of Deeds and in exchange, the BLM would relin- the table. of Chippewa County of the State of Michi- quish certain Federal lands in Uintah f gan. County, Utah, to the State. (b) ENDORSEMENT.—The Office of the Reg- This bipartisan bill would give the LAND GRANT PATENT ister of Deeds of Chippewa County of the Bureau of Land Management the au- MODIFICATION ACT State of Michigan is requested to endorse on thority to approve this transaction Mr. HASTINGS of Washington. Mr. the recorded copy of United States Patent Number 61–2000–0007 the fact that the Patent that was first proposed several years Speaker, I move to suspend the rules ago. In order to fully protect State and Number has been modified in accordance and pass the bill (S. 404) to modify a with this Act. Federal interests, this legislation re- land grant patent issued by the Sec- The SPEAKER pro tempore. Pursu- serves identical overriding financial in- retary of the Interior. terests in each other’s exchanged lands ant to the rule, the gentleman from The Clerk read the title of the bill. Washington (Mr. HASTINGS) and the should development occur. Often in the The text of the bill is as follows: past, these land exchanges had chal- gentleman from New Mexico (Mr. S. 404 ´ lenges with appraisals and making sure LUJAN) each will control 20 minutes. Be it enacted by the Senate and House of Rep- The Chair recognizes the gentleman everyone is treated fairly. This legisla- resentatives of the United States of America in from Washington. tion tries to address that issue looking Congress assembled, forward. GENERAL LEAVE SECTION 1. FINDINGS. Mr. HASTINGS of Washington. Mr. This bill is a win/win. It helps the Congress finds that— tribe consolidate its management of Speaker, I ask unanimous consent that (1) pursuant to section 5505 of division A of all Members may have 5 legislative land that is considered sacred and cul- the Omnibus Consolidated Appropriations turally significant, and at the same Act, 1997 (Public Law 104–208; 110 Stat. 3009– days in which to revise and extend time, it allows for domestic energy de- 516), the Secretary of the Interior, acting their remarks and include extraneous velopment on land not considered envi- through the Bureau of Land Management, materials on the bill under consider- ronmentally sensitive that would pro- issued to the Great Lakes Shipwreck Histor- ation. vide more school trust fund revenue for ical Society located in Chippewa County of The SPEAKER pro tempore. Is there Utah and employment for energy work- the State of Michigan United States Patent objection to the request of the gen- Number 61–98–0040 on September 23, 1998; ers in the State as well. tleman from Washington? (2) United States Patent Number 61–98–0040 There was no objection. This legislation has broad support was recorded in the Office of the Register of from local government, including Mr. HASTINGS of Washington. Mr. Deeds of Chippewa County of the State of Speaker, I yield myself such time as I Grand, Duchesne, and Uintah Counties, Michigan, on January 22, 1999, at Liber 757, the State of Utah, and the Ute Tribe as on pages 115 through 118; may consume. well as partner agencies. The Wilder- (3) in order to correct an error in United Mr. Speaker, S. 404 would simply ness Society also testified in support of States Patent Number 61–98–0040, the Sec- modify a land patent that was issued this legislation. retary issued a corrected patent, United by the Department of the Interior to So I urge my colleagues to join me in States Patent Number 61–2000–0007, on March the Great Lakes Shipwreck Historical passing this bill. 10, 2000; Society in 1998 to reflect an agreement Mr. HASTINGS of Washington. I’m (4) after issuance of the corrected United between the historical society, the States Patent Number 61–2000–0007, the origi- Michigan Audubon Society, and the prepared to yield back if the gentleman nal United States Patent Number 61–98–0040 has no more requests for time. U.S. Fish & Wildlife Service. ´ was cancelled on the records of the Bureau of The current land patent references Mr. LUJAN. Mr. Speaker, we thank Land Management; and the gentleman from Utah for his hard (5) corrected United States Patent Number an outdated 1992 Comprehensive Plan work, and I yield back the balance of 61–2000–0007 should be modified in accordance for Whitefish Point, a 43-acre spit of my time. with this Act— land surrounded by Lake Superior. The Mr. HASTINGS of Washington. I urge (A) to effectuate— Michigan Audubon Society sued when adoption, and I yield back the balance (i) the Human Use/Natural Resource Plan this plan for development was pro- of my time. for Whitefish Point, dated December 2002; posed, and following a court-ordered Ms. RICHARDSON. Mr. Speaker, I rise in and settlement of the lawsuit, a new plan (ii) the settlement agreement dated July was negotiated in 2002. This bill would support of H.R. 4027, which redefines the 16, 2001, filed in Docket Number 2:00–CV–206 boundary of the Ute Indian Tribe of the Uintah in the United States District Court for the modify the land patent to appro- and Ouray Reservation. I thank my colleague, Western District of Michigan; and priately reference the 2002 plan and fi- Congressman MATHESON, for introducing this (B) to ensure a clear chain of title, re- nally allow for the development to go legislation. corded in the Office of the Register of Deeds forward.

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.011 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3714 CONGRESSIONAL RECORD — HOUSE June 18, 2012 Congressman DAN BENISHEK, our col- The question was taken. section (b), the Secretary may require such league from Michigan, is the author of The SPEAKER pro tempore. In the additional terms and conditions as the Sec- the companion House bill, H.R. 3411, opinion of the Chair, two-thirds being retary determines to be appropriate to pro- and he should be commended for his in the affirmative, the ayes have it. tect the interests of the United States. commonsense approach to help manage Mr. HASTINGS of Washington. Mr. The SPEAKER pro tempore. Pursu- this important tourism area in the Speaker, on that I demand the yeas ant to the rule, the gentleman from Upper Peninsula of Michigan. and nays. Washington (Mr. HASTINGS) and the And with that, I reserve the balance The yeas and nays were ordered. gentleman from New Mexico (Mr. of my time. The SPEAKER pro tempore. Pursu- LUJA´ N) each will control 20 minutes. Mr. LUJA´ N. Mr. Speaker, I yield my- ant to clause 8 of rule XX, further pro- The Chair recognizes the gentleman self such time as I may consume. ceedings on this question will be post- from Washington. Mr. Speaker, S. 404 requires the Sec- poned. GENERAL LEAVE Mr. HASTINGS of Washington. Mr. retary of the Interior to modify a land f grant patent in Chippewa County, Speaker, I ask unanimous consent that Michigan. The patent, issued to the ALTA, UTAH, CONVEYANCE ACT all Members may have 5 legislative Michigan Audubon Society and the Mr. HASTINGS of Washington. Mr. days in which to revise and extend Great Lakes Shipwreck Historical So- Speaker, I move to suspend the rules their remarks and include extraneous ciety, will be amended to allow for use and pass the bill (S. 684) to provide for materials on the bill under consider- and modification of the property to the conveyance of certain parcels of ation. allow for new use plans. land in the town of Alta, Utah. The SPEAKER pro tempore. Is there We have no objection to this legisla- The Clerk read the title of the bill. objection to the request of the gen- tion, and I reserve the balance of my The text of the bill is as follows: tleman from Washington? time. S. 684 There was no objection. Mr. HASTINGS of Washington. Mr. Mr. HASTINGS of Washington. Mr. Be it enacted by the Senate and House of Rep- Speaker, I yield myself such time as I Speaker, I am very pleased to yield 3 resentatives of the United States of America in minutes to the author of the com- Congress assembled, may consume. Mr. Speaker, S. 684, introduced by panion bill in the House of this legisla- SECTION 1. CONVEYANCE. Senator MIKE LEE of Utah, would ad- tion, the gentleman from Michigan (a) DEFINITIONS.—In this Act: dress a pressing issue in the town of (Mr. BENISHEK). (1) NATIONAL FOREST SYSTEM LAND.—The Mr. BENISHEK. Mr. Speaker, this term ‘‘National Forest System land’’ means Alta, Utah. Alta is a small ski town that cur- evening the House will take up Senate the parcels of National Forest System land rently operates most of its municipal bill S. 404, a bill authored by my col- that— (A) are located— infrastructure on land managed by the league in the Senate, Senator CARL (i) in sec. 5, T. 3 S., R. 3 E., Salt Lake me- Wasatch-Cache National Forest under LEVIN. As you heard, I authored a com- ridian; a multitude of special use permits. panion bill in the House last November. (ii) in, and adjacent to, parcels of land sub- This legislation would convey this This bill will end a bureaucratic ject to special use permit SLC102708, the au- land—a maximum of 2 acres—to the roadblock that has prevented the Great thority of which expires on December 30, town to provide for certainty, sim- Lakes Shipwreck Museum from mak- 2026; plicity, and flexibility in maintaining ing improvements to its facility lo- (iii) in the Wasatch-Cache National Forest its facilities. cated in Chippewa County, Michigan, in Salt Lake County, Utah; and (iv) in the incorporated boundary of the I urge my colleagues to support this along the southern shore of Lake Supe- town of Alta, Utah; and commonsense bill, and I reserve the rior. Only an act of Congress is able to (B) consist of approximately 2 acres (in- balance of my time. correct an error in the land patent that cluding appurtenances). Mr. LUJA´ N. Mr. Speaker, I yield my- was enacted in 1992. (2) SECRETARY.—The term ‘‘Secretary’’ self such time as I may consume. From the bell of the Edmund Fitz- means the Secretary of Agriculture. Mr. Speaker, S. 684, sponsored by gerald to the U.S. Coast Guard’s White- (3) TOWN.—The term ‘‘Town’’ means the town of Alta, Utah. Senator MIKE LEE of Utah, provides for fish Point Lighthouse, the shipwreck the conveyance of no more than 2 acres museum’s exhibits tell the story of (b) CONVEYANCE.—On the request of the Town submitted to the Secretary by the date of land from the Wasatch-Cache Na- brave men and women who have navi- that is not later than 1 year after the date of tional Forest to the town of Alta, gated the Great Lakes for hundreds of enactment of this Act, the Secretary shall Utah. The town of Alta has built two years. convey to the Town, without consideration, facilities for public use on this govern- This facility displays important all right, title, and interest of the United ment property under a special use per- parts of Northern Michigan’s history. States in and to the National Forest System mit. The town will be paying for all land. Each year, some 60,000 individuals visit survey costs. the museum and explore firsthand the (c) SURVEY; COSTS.— (1) IN GENERAL.—In accordance with para- We have no objections to this legisla- rich maritime traditions of Michigan’s tion, and I yield back the balance of First District. Preserving Michigan’s graphs (2) and (3), the exact acreage and legal description of the National Forest Sys- my time. maritime history is a resource that tem land shall be determined by a survey ap- Mr. HASTINGS of Washington. Mr. both Senator LEVIN and I agree war- proved by the Secretary. Speaker, I urge adoption of the bill, rants enthusiastic bipartisan support (2) MAXIMUM AREA.—The acreage of the Na- and I yield back the balance of my for the benefit of future generations of tional Forest System land determined under time. visitors. paragraph (1) may not exceed 2 acres. The SPEAKER pro tempore. The I want to thank Chairman HASTINGS (3) COSTS.—The Town shall pay the reason- question is on the motion offered by able survey and other administrative costs for bringing this bill to the floor today, the gentleman from Washington (Mr. and I encourage all of my colleagues to associated with the conveyance. (d) USE OF NATIONAL FOREST SYSTEM HASTINGS) that the House suspend the support this measure and bring it one LAND.—As a condition of the conveyance rules and pass the bill, S. 684. step closer to the President’s desk. under subsection (b), the Town shall use the The question was taken. Mr. LUJA´ N. Mr. Speaker, we have no National Forest System land only for public The SPEAKER pro tempore. In the other speakers, and I yield back the purposes. opinion of the Chair, two-thirds being balance of my time. (e) REVERSIONARY INTEREST.—In the deed in the affirmative, the ayes have it. Mr. HASTINGS of Washington. Mr. to the Town, the Secretary shall provide Mr. HASTINGS of Washington. Mr. Speaker, I urge adoption of S. 404, and that the National Forest System land shall Speaker, on that I demand the yeas I yield back the balance of my time. revert to the Secretary, at the election of and nays. The SPEAKER pro tempore. The the Secretary based on the best interests of the United States, if the National Forest The yeas and nays were ordered. question is on the motion offered by System land is used for a purpose other than The SPEAKER pro tempore. Pursu- the gentleman from Washington (Mr. a public purpose. ant to clause 8 of rule XX, further pro- HASTINGS) that the House suspend the (f) ADDITIONAL TERMS AND CONDITIONS.— ceedings on this question will be post- rules and pass the bill, S. 404. With respect to the conveyance under sub- poned.

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.013 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3715 EAST BENCH IRRIGATION DIS- Mr. Speaker, S. 997 was introduced by our productivity is only constrained by our ac- TRICT WATER CONTRACT EXTEN- Senator JON TESTER in May of last cess to water. In Montana where we rely on SION ACT year and passed the Senate in Novem- water for drinking, irrigation, and energy. Mr. HASTINGS of Washington. Mr. ber 2011. It’s vitally important we pass this bill to try Speaker, I move to suspend the rules As my colleague mentioned, S. 997 to avoid needless disruptions in service. There and pass the bill (S. 997) to authorize would extend the East Bench Irrigation is no conflict or objection to this ‘‘house- the Secretary of the Interior to extend District’s water contract for 4 years keeping’’ matter, and its importance to the a water contract between the United pending a judicial ruling. The adminis- many impacted farmers and ranchers cannot States and the East Bench Irrigation tration has testified in support of S. 997 be over-emphasized. I have worked hard to District. because it would allow for water serv- extend the contract in the past and look for- The Clerk read the title of the bill. ice to the district to continue and al- ward to passing this critical legislation today. The text of the bill is as follows: lows for contract renewal while the As I said, it’s a good idea. S. 997 court confirmation process is given I’m here to do what’s best for Montana, and Be it enacted by the Senate and House of time to be completed. a good idea is a good idea regardless of who Representatives of the United States of America We thank Senator JON TESTER for his gets credit. That’s why I’m up here today. in Congress assembled, leadership, and we have no objections This is a good bill, and I hope my col- SECTION 1. SHORT TITLE. to this legislation. leagues will join me in voting in favor of its This Act may be cited as the ‘‘East I yield back the balance of my time. passage. Bench Irrigation District Water Contract Ex- Mr. HASTINGS of Washington. Mr. The SPEAKER pro tempore. The tension Act’’. Speaker, I urge adoption of the legisla- question is on the motion offered by SEC. 2. AUTHORITY TO EXTEND WATER CON- tion, and I yield back the balance of the gentleman from Washington (Mr. TRACT. my time. The Secretary of the Interior may extend HASTINGS) that the House suspend the the contract for water services between the Mr. REHBERG. Mr. Speaker, I rise today in rules and pass the bill, S. 997. United States and the East Bench Irrigation support of S. 997, the East Bench Irrigation The question was taken; and (two- District, numbered 14–06–600–3593, until the District Water Contract Extension. thirds being in the affirmative) the earlier of— Water and energy are pretty important to rules were suspended and the bill was (1) the date that is 4 years after the date Montana, and as you may know, I’ve spent a passed. on which the contract would have expired if lot of time working with the House Water and A motion to reconsider was laid on this Act had not been enacted; or Power Subcommittee over the years on these the table. (2) the date on which a new long-term issues. This time, though, there’s something a contract is executed by the parties to the f contract. little different. There’s just something cool about working on a bill that starts with ‘‘S’’ in- b 1630 The SPEAKER pro tempore. Pursu- stead of ‘‘H.R.’’—I think I could get used to ant to the rule, the gentleman from EXPRESSING REGRET FOR PAS- this! Washington (Mr. HASTINGS) and the SAGE OF LAWS ADVERSELY AF- I’m sure it’s not lost on you that this legisla- gentleman from New Mexico (Mr. FECTING THE CHINESE IN THE tion is sponsored by Senator JON TESTER, the LUJA´ N) each will control 20 minutes. UNITED STATES Junior Senator from Montana. We’re both The Chair recognizes the gentleman Montanans and while there are certainly things Mr. SMITH of Texas. Mr. Speaker, I from Washington. we disagree about—President Obama’s health move to suspend the rules and agree to b 1620 reform and stimulus, protecting gun rights and the resolution (H. Res. 683) expressing GENERAL LEAVE government bailouts—even with all those dif- the regret of the House of Representa- Mr. HASTINGS of Washington. Mr. ferences, there are ways to find common tives for the passage of laws that ad- Speaker, I ask unanimous consent that ground. versely affected the Chinese in the all Members may have 5 legislative An example of common ground is this legis- United States, including the Chinese days to revise and extend their re- lation. S. 997 is a good idea, and it’s one I Exclusion Act. marks and include extraneous material hope my colleagues will vote in favor of. The Clerk read the title of the resolu- on the bill under consideration. The bill simply authorizes the Secretary of tion. The SPEAKER pro tempore. Is there the Interior to extend a water contract between The text of the resolution is as fol- objection to the request of the gen- the United States and the East Bench Irriga- lows: tleman from Washington? tion District in Beaverhead and Madison Coun- H. RES. 683 There was no objection. ties in southwestern Montana. It has no impact Whereas many Chinese came to the United Mr. HASTINGS of Washington. I on the federal budget. States in the 19th and 20th centuries, as did yield myself such time as I may con- The Clark Canyon Dam and Reservoir— people from other countries, in search of the sume. owned and operated by the Bureau of Recre- opportunity to create a better life; Mr. Speaker, S. 997, the East Bench ation—supplies irrigation water for 28,000 Whereas the United States ratified the Irrigation District Water Contract Ex- acres within the East Bench Irrigation District. Burlingame Treaty on October 19, 1868, The operation is bound by a contract be- which permitted the free movement of the tension Act, extends the water con- Chinese people to, from, and within the tract between the United States and tween the federal government and the Dis- United States and made China a ‘‘most fa- the East Bench Irrigation District in trict—a contract that expired on December 31, vored nation’’; southwestern Montana until December 2005. Since then, federal appropriations acts Whereas in 1878, the House of Representa- 31, 2013, or until a new contract can be have extended the original contract for two tives passed a resolution requesting that executed. year durations. S. 997 extends it again President Rutherford B. Hayes renegotiate This bill allows for the continued ir- through the end of 2013. the Burlingame Treaty so Congress could rigation of 28,000 acres of land which is I realize this sort of congressional contract limit Chinese immigration to the United important to that area’s economy. It extension isn’t common, but in cases where States; Whereas, on February 22, 1879, the House of also preserves the district’s renewal specific variables delay contract renewals, it’s Representatives passed the Fifteen Pas- rights while a local matter is adju- appropriate and necessary. In this case, the senger Bill, which only permitted 15 Chinese dicated at the State level. The bill will law requires Montana’s 5th District Court to passengers on any ship coming to the United not influence the outcome of State ac- issue a decree before any new contract can States; tions. be signed. Whereas, on March 1, 1879, President Hayes S. 997 is supported by our colleague That decree has been delayed, so S. 997 vetoed the Fifteen Passenger Bill as being from Montana, Congressman DENNIS provides the regional farmers and ranchers incompatible with the Burlingame Treaty; Whereas, on May 9, 1881, the United States REHBERG, and by the administration. I with necessary water certainty until at least ratified the Angell Treaty, which allowed the urge my colleagues to support this leg- 2014. Hopefully, by then, all parties will be United States to suspend, but not prohibit, islation, and I reserve the balance of ready to agree to a new long-term contract. immigration of Chinese laborers, declared my time. For dry land farmers and ranchers, water is that ‘‘Chinese laborers who are now in the Mr. LUJA´ N. Mr. Speaker, I yield my- our most precious resource. We have a lot of United States shall be allowed to go and self such time as I may consume. land—plenty of dirt between light bulbs—and come of their own free will,’’ and reaffirmed

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.016 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3716 CONGRESSIONAL RECORD — HOUSE June 18, 2012 that Chinese persons possessed ‘‘all the Whereas Chinese-Americans continue to Laws that deny certain civil rights to rights, privileges, immunities, and exemp- play a significant role in the success of the individuals legally in the United States tions which are accorded to the citizens and United States; and are inconsistent with the values on subjects of the most favored nation’’; Whereas the United States was founded on which this country was founded. I Whereas the House of Representatives the principle that all persons are created passed legislation that adversely affected equal: Now, therefore, be it thank the gentlewoman from Cali- Chinese persons in the United States and Resolved, fornia for working with me to refine limited their civil rights, including— SECTION 1. ACKNOWLEDGEMENT. the text of this resolution. (1) on March 23, 1882, the first Chinese Ex- That the House of Representatives regrets I reserve the balance of my time. clusion bill, which excluded for 20 years the passage of legislation that adversely af- Ms. CHU. Mr. Speaker, I yield myself skilled and unskilled Chinese laborers and fected people of Chinese origin in the United as much time as I may consume. expressly denied Chinese persons alone the States because of their ethnicity. Mr. Speaker, I rise in support of right to be naturalized as American citizens, SEC. 2. DISCLAIMER. House Resolution 683. First, I want to and which was opposed by President Chester Nothing in this resolution may be con- thank Chairman LAMAR SMITH and A. Arthur as incompatible with the terms strued or relied on to authorize or support Subcommittee Chair TRENT FRANKS of and spirit of the Angell Treaty; any claim, including but not limited to con- the Judiciary Committee for all their (2) on April 17, 1882, intending to address stitutionally based claims, claims for mone- work on this resolution. I appreciate it President Arthur’s concerns, the House tary compensation or claims for equitable so much. passed a new Chinese Exclusion bill, which relief against the United States or any other We have come together across party prohibited Chinese workers from entering party, or serve as a settlement of any claim lines to show that no matter what side the United States for 10 years instead of 20, against the United States. of the aisle we sit on, Congress can required certain Chinese laborers already le- The SPEAKER pro tempore. Pursu- gally present in the United States who later make amends for the past, no matter wished to reenter the United States to ob- ant to the rule, the gentleman from how long ago those violations occurred. tain ‘‘certificates of return,’’ and prohibited Texas (Mr. SMITH) and the gentle- It is because we have worked together courts from naturalizing Chinese individuals; woman from California (Ms. CHU) each in a bipartisan way that we will make (3) on May 3, 1884, an expansion of the Chi- will control 20 minutes. history today. Today, for the first time nese Exclusion Act, which applied it to all The Chair recognizes the gentleman in 130 years, the House of Representa- persons of Chinese descent, ‘‘whether sub- from Texas. tives will vote on a bill that expresses jects of China or any other foreign power’’; GENERAL LEAVE regret for the Chinese Exclusion Act of (4) on September 3, 1888, the Scott Act, Mr. SMITH of Texas. Mr. Speaker, I 1882, one of the most discriminatory which prohibited legal Chinese laborers from ask unanimous consent that all Mem- acts in American history. reentering the United States and cancelled Over a century ago, the Chinese came all previously issued ‘‘certificates of return,’’ bers may have 5 legislative days within which to revise and extend their re- here in search of a better life. During and which was later determined by the Su- the California Gold Rush, the Chinese preme Court to have abrogated the Angell marks and include extraneous mate- Treaty; and rials on House Resolution 683 currently came to the United States to make something of themselves. Their blood, (5) on April 4, 1892, the Geary Act, which under consideration. reauthorized the Chinese Exclusion Act for The SPEAKER pro tempore. Is there sweat, and tears built the first trans- another ten years, denied Chinese immi- objection to the request of the gen- continental railroad, connecting the grants the right to be released on bail upon tleman from Texas? people of our Nation. They opened our application for a writ of habeas corpus, and There was no objection. mines, constructed the levees, and be- contrary to customary legal standards re- Mr. SMITH of Texas. Mr. Speaker, I came the backbone of farm production. garding the presumption of innocence, au- yield myself such time as I may con- Their efforts helped build America. thorized the deportation of Chinese persons But as the economy soured in the who could not produce a certificate of resi- sume. Mr. Speaker, I first want to thank 1870s, the Chinese became scapegoats. dence unless they could establish residence They were called racial slurs, were spat through the testimony of ‘‘at least one cred- the gentlewoman from California (Ms. upon in the streets, and even brutally ible white witness’’; CHU) for introducing H. Res. 683, ex- murdered. The harsh conditions they Whereas in the 1894 Gresham-Yang Treaty, pressing the regret of the House of Rep- the Chinese government consented to a pro- resentatives for the passage of laws faced were evident in the Halls of Con- hibition of Chinese immigration and the en- that adversely affected the Chinese in gress. By the time 1882 came around, Mem- forcement of the Geary Act in exchange for the United States, including the Chi- bers of Congress were competing with readmission to the United States of Chinese nese Exclusion Act. persons who were United States residents; each other to get the most discrimina- I know, through conversations with Whereas in 1898, the United States annexed tory law passed and routinely made several of my colleagues, including the Hawaii, took control of the Philippines, and speeches on the House floor against the ranking member of the Foreign Rela- excluded only the residents of Chinese ances- so-called ‘‘Mongolian horde.’’ Rep- try of these territories from entering the tions Committee, Mr. BERMAN, that resentative Albert Shelby Willis from United States mainland; this is an important resolution for Kentucky fought particularly hard for Whereas, on April 29, 1902, as the Geary Act them and their constituents. a Chinese Exclusion Act. In his floor was expiring, Congress indefinitely extended The resolution concerns laws passed speech, he said the Chinese were an in- all laws regulating and restricting Chinese by the House of Representatives that immigration and residence, to the extent vading race. He called them aliens with restricted the civil rights of certain in- consistent with Treaty commitments; sordid and unrepublican habits. He de- dividuals in the United States based Whereas in 1904, after the Chinese govern- clared that the Pacific States had been solely on the ethnicity of those individ- ment withdrew from the Gresham-Yang cursed with the evils of Chinese immi- Treaty, Congress permanently extended, uals. Specifically, during the late 19th gration and that they disturbed the ‘‘without modification, limitation, or condi- and early 20th centuries, Congress peace and order of society. tion,’’ the prohibition on Chinese naturaliza- passed, and Presidents signed, laws tion and immigration; that restricted the rights of people of b 1640 Whereas these Federal statutes enshrined Chinese ethnicity. in law the exclusion of the Chinese from the The official House committee report democratic process and the promise of Amer- For instance, in March 1882, the accompanying the bill claimed that the ican freedom; House of Representatives passed the Chinese ‘‘retain their distinctive pecu- Whereas in an attempt to undermine the initial Chinese Exclusion Act that de- liarities and characteristics, refusing American-Chinese alliance during World War nied Chinese people the right to be nat- to assimilate themselves to our insti- II, enemy forces used the Chinese exclusion uralized as American citizens. And in tutions and remaining a separate and legislation passed in Congress as evidence of April 1892, the House of Representa- distinct class, entrenched behind im- anti-Chinese attitudes in the United States; tives passed the Geary Act, which reau- movable prejudices; that their igno- Whereas in 1943, in furtherance of Amer- thorized the Chinese Exclusion Act for ican war objectives, at the urging of Presi- rance or disregard of sanitary laws, as dent Franklin D. Roosevelt, Congress re- 10 years and denied Chinese immi- evidenced in their habits of life, breeds pealed previously enacted legislation and grants the right to be released on bail disease, pestilence and death.’’ permitted Chinese persons to become United upon application for a writ of habeas So on April 17, 1882, under a simple States citizens; corpus. suspension of the rules, the House

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.009 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3717 passed the Chinese Exclusion Act. It ralize as citizens and to vote. The com- ees. They strengthened our Nation’s in- prevented them from becoming natu- munity was disenfranchised. Because frastructure only to be persecuted ralized citizens. It prevented them immigration had been so severely re- when their labor was seen as competi- from ever having the right to vote. It stricted, few women could come, and tion and when the dirtiest work was also prevented the Chinese—and the the ratio of males to females was as done. Chinese alone—from immigrating. high as 20–1. Many Chinese American In 1848, when gold fever spread across But this was only the beginning. males could not have families and were the Pacific Ocean, many thousands of As the years passed, the House built forced to die completely alone. If they young Chinese came in boats to Gold upon this act, increasing the discrimi- did try to marry, they were forced to Mountain, to California. natory restrictions on the Chinese. go abroad, and families were separated. In 1861 to 1865, there was waged a Two years later, the House made clear The family of Jean Quan, mayor of Civil War in this country. There were that any ethnically Chinese laborer, Oakland, had been here legally since over 50 Chinese Americans who battled even if he were not from China but 1880. Her father went abroad to marry a each other in this Civil War, a battle from somewhere like Hong Kong or the woman in China in 1920, but had to which went unnoticed. Philippines, was banned from U.S. leave her behind along with her chil- In 1863, the construction of the trans- shores. dren. When the Chinese Exclusion Act continental railway commenced. With Four years later, the House passed was repealed over 25 years later, his the discovery of silver in Nevada in the Scott Act. This bill prohibited all wife was finally able to come and have 1865, many of the white workers left Chinese laborers from reentering the Jean in the United States, but the sib- the railroad to search for silver. To fill United States, if they ever left, even if lings did not know each other for dec- the labor shortage, Charles Crocker, they were legal residents in the U.S. ades. one of the big four investors of the rail- and even if they had the certificates of The Chinese, like my grandfather, road and the man responsible for con- return that should have guaranteed did not have the legal right to become structing the western portion of the their right of return. This prevented naturalized citizens. He had been here railroad, began hiring Chinese immi- approximately 20,000 legal U.S. resi- legally since 1904, but unlike non-Chi- grants. Crocker’s famous justification dents who had gone abroad, including nese immigrants, he was forced to reg- was, They built the Great Wall of 600 on ships who were literally en route ister and carry a certificate of resi- China, didn’t they? For the promise of $25 to $30 a month, back to the United States, from return- dence at all times for almost 40 years the new workers endured long hours ing to their families or their homes. or else be deported. He could only be With little floor debate, the Scott Act and harsh winters in the Sierra Nevada saved if a white person vouched for Mountains. While working in the Sier- passed the House unanimously. him. These laws are why we ask for In 1892, when the Chinese Exclusion ras, Chinese workers were hung in bas- this expression of regret. kets, which were 2,000 feet above raging Act was set to expire, the House ex- Last October, the U.S. Senate did its tended it for another decade, but it in- rivers, in order to blast into the impen- part to right history by passing its own etrable granite mountain, making way creased restrictions further. It made resolution of regret for these hateful the Chinese the only residents who for laying the tracks. Once they bored laws. It did so unanimously with bipar- holes and stuffed them with dynamite, could not receive bail after applying tisan support. Today, the House should they had to be pulled back up before for a writ of habeas corpus, that being also issue its expression of regret. It is the fuse exploded, endangering the to protest an unjust imprisonment. It for my grandfather and for all Chinese lives of everyone on both ends of the made them the only people in America Americans that we must pass this reso- rope; and sometimes these poor souls who had to carry papers, or certificates lution, for those who were told for six in the baskets were not drawn up safe- of residence, with them at all times. If decades by the U.S. Government that ly because there was no faith in the they couldn’t produce the proper docu- the land of the free wasn’t open to timing of the fuse—hence the origin of ments, authorities threw them into them. We must finally and formally ac- the phrase: you ain’t got a Chinaman’s prison or out of the country regardless knowledge these ugly laws that were chance. By 1867, 90 percent of the work- of whether they were U.S. citizens or incompatible with America’s founding ers were Chinese; and by 1869, over not. Legally, the only means by which principles. 11,000 workers were Chinese. this could be stopped is if a white per- We must express the sincere regret On the national historic site of the son testified on their behalf. that Chinese Americans deserve. By Golden Spike at Promontory, Utah, In 1898, the U.S. annexed Hawaii and doing so, we will acknowledge that dis- where on May 10, 1869, the final spike the Philippines, making them U.S. Ter- crimination has no place in our soci- was driven, sits a plaque commemo- ritories; and while other residents of ety, and we will reaffirm our strong rating ‘‘the attainment and achieve- the territories could come and go be- commitment to preserving the civil ment of the great political objective of tween their homes and the U.S., who rights and constitutional protections binding together by iron bonds the ex- did the House make sure to exclude? for all people of every color, ever race, tremities of the continental United Only the Chinese. and from every background. States, a rail link from ocean to Then, in 1904, the House made the I reserve the balance of my time. ocean.’’ However, neither in Thomas Chinese Exclusion Act permanent. This Mr. SMITH of Texas. Mr. Speaker, we Hill’s famous painting nor in the his- act lasted for 60 long years. It was not have no other speakers on this side, so torical photos of ‘‘The Last Spike’’ are until 1943 that this law was repealed, I reserve the balance of my time. the faces of the 11,000 Chinese workers but it was only because of World War Ms. CHU. I yield 3 minutes to the visible. II, when the United States needed to gentleman from California, Represent- One wonders, where were these 11,000 maintain a critical military alliance ative MIKE HONDA. workers? Perhaps they were given the with China. U.S. enemies were pointing Mr. HONDA. I, too, would like to add day off on that day. to the Chinese Exclusion Act as proof my thanks to the leadership, specifi- Though absent in these visual, his- that the U.S. was anti-Chinese, and the cally to Chairman LAMAR SMITH. torical depictions, the Chinese left an U.S. had to erase that perception. How- Mr. Speaker, I rise today in support undeniable and indelible mark on the ever, Congress made no formal ac- of H. Res. 683, a resolution expressing history of California and in the larger knowledgment that these laws were the regret of the House of Representa- story of binding this country from wrong. The Chinese Exclusion Act was tives for the passage of laws that ad- ocean to ocean. Upon the railroad com- the first and only Federal law in our versely affected the Chinese in the pletion, the Chinese settled in the Cali- history that excluded a single group of United States, including the passage of fornia delta to help with the levee con- people from immigration on no basis the Chinese Exclusion Act. struction, thus advancing California’s other than its race, and the effects of A century and a half ago, the Chinese agricultural development. this act produced deep scars on the were used as cheap labor to do the The SPEAKER pro tempore. The Chinese American community. most dangerous work—laying the time of the gentleman has expired. Families were split apart perma- tracks of our transcontinental railway Ms. CHU. I yield one more minute to nently without the ability to natu- and building the California delta lev- the gentleman from California.

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.022 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3718 CONGRESSIONAL RECORD — HOUSE June 18, 2012 Mr. HONDA. The passage of anti-Chi- States in search of opportunities for a This bill was a huge undertaking, re- nese laws illustrates the xenophobic better life. Since the first wave of Chi- quiring the efforts of Chinese Ameri- hysteria of this country’s shameful nese immigrants to the United States, cans and their supporters all across the chapter of exclusion. We cannot vilify the Chinese American community has Nation. Without the dedication of entire groups of people—we learned contributed greatly to the development countless community organizations that—because it is politically or eco- of our Nation, and it is a shame that and grassroots advocates across the nomically expedient. these discriminatory practices and country, none of this would have hap- fear-based laws split up Chinese fami- b 1650 pened. lies and prevented them for decades I thank them, and I thank all the The great thing about humanity is from pursuing the American Dream. Congress Members from both sides of that we have the opportunity to learn For example, Chinese laborers made up the aisle, including the 50 cosponsors of from our mistakes. the majority of the Central Pacific the bill and especially Chairman In closing, Mr. Speaker, I’m pleased railroad network workforce that con- LAMAR SMITH, for their support. that this resolution is on the floor nected the First Transcontinental With that, I yield back the balance of today. Acknowledging and addressing Railroad through the Sierra Mountains my time. these injustices throughout our Na- into the Western States. Of course, Mr. SMITH of Texas. Mr. Speaker, I tion’s history not only strengthens that final spike was done in the State yield back the balance of my time. civil rights and civil justice, but doing of Utah. The completion of the rail- Mr. BERMAN. Mr. Speaker, I rise in support so brings us closer to a more educated road—with the help of these Chinese la- of H. Res. 683, which expresses regret for a Nation and a more perfect union. borers—would later mobilize other in- series of discriminatory laws passed between Ms. CHU. Mr. Speaker, I yield 5 min- dustries and pave the way for a more 1879 and 1904 that targeted individuals of utes to the gentleman from American connected and prosperous America. Chinese descent in the United States, and Samoa, Representative ENI But the Chinese Exclusion Act, Mr. yield myself as much time as I may consume. FALEOMAVAEGA. Speaker—the first law restricting I’d like to begin by thanking the gentlelady (Mr. FALEOMAVAEGA asked and entry of an ethnic working group—sti- from California, Ms. CHU, for her leadership on was given permission to revise and ex- fled Chinese immigrants’ ability to this bipartisan resolution. To my friend, the tend his remarks.) lend their skills to the betterment of Chairman of the Judiciary Committee, Mr. Mr. FALEOMAVAEGA. Mr. Speaker, our Nation and become a part of the SMITH, thank you for your work on this resolu- I want to thank the gentleman from American family. tion and for bringing it to the floor so quickly. Texas, the chairman of the Judiciary Because this law was validated by Beginning in 1879, Congress passed a se- Committee, Mr. LAMAR SMITH, for his leaders in our Nation, it gave credence ries of discriminatory measures against the leadership and support of this legisla- to the underlying notion that certain Chinese that restricted immigration and vio- tion, as well as my good friend, Con- groups did not deserve fair treatment lated the civil rights of the Chinese living in the gressman CONYERS, the ranking mem- in our Nation. The policy sent a clear U.S. ber of the Judiciary Committee for his message that Chinese immigrants were At the height of Chinese immigration to the support. I especially want to express not qualified for the American Dream. U.S. in the 19th and 20th centuries, many Chi- my appreciation and thanks to the Furthermore, it set a precedent for nese—like immigrants from other parts of the chairwoman of our congressional Asian later policies against immigrant world—were searching for the opportunity to Pacific Caucus, Ms. JUDY CHU, not only groups such as the National Origins create a better life, driven by their hope that as the chief sponsor of this legislation Act of 1929, which barred Asian immi- America could be their new promised land. but for her dynamic leadership in gration, and our shameful policy of in- With the enactment of multiple Chinese Ex- bringing this bill to the floor today. terning some 100,000 Americans born in clusion Acts, immigrants from China were de- Mr. Speaker, I rise in support of the United States but who happened to nied the right to be naturalized as American be of Japanese ancestry. House Resolution 683, a resolution of citizens. This is one reason why I always ad- regret for the Chinese Exclusion Act of Six decades of anti-Chinese legislation re- mired our Nation, Mr. Speaker, and our 1882. The Chinese Exclusion Act was sulted in the persecution and political alien- form of democracy, and that is, it tries the first major law restricting immi- ation of persons of Chinese descent and legiti- to correct its mistakes from the past. gration to the United States to enforce mized racial discrimination, excluding them While our Nation has come a long way a 10-year moratorium on Chinese im- both from the democratic process and the migrant laborers and denying natu- since this legislation was enacted 130 years ago, let us continually be re- American promise of freedom. ralization to those who were already in Chinese-Americans have since achieved the United States. Enacted on the minded in our diverse country to up- hold the founding principle of our Na- prominence in all walks of American life. premise that Chinese labors ‘‘endan- Though we may not be able to reverse the gered the good order of certain local- tion: that all men and women are to be treated equally and fairly under the past, we can take action now. ities,’’ the law was largely motivated law. By acknowledging and expressing regret for by economic fears by our fellow Ameri- With that, I urge my colleagues to this bleak period in our history, we reaffirm our cans who felt that Chinese laborers pass this bill. core principles of equality and justice upon were to blame for unemployment and Ms. CHU. Mr. Speaker, I yield myself which our country was founded. the declining wages in the West. such time as I may consume. Mr. Speaker, H. Res. 683 is an important Through the Geary Act of 1892, the Today is historic. This is a very sig- demonstration of our bipartisan commitment to Chinese Exclusion Act was extended for nificant day in the Chinese American recognize the continued contributions of the another 10 years before becoming per- community. It is an expression that Chinese-American community in the United manent in 1902, and it was only re- discrimination has no place in our soci- States, and I urge my colleagues to support it. pealed by the Magnuson Act of 1943, ety and that the promise of equality is Ms. JACKSON LEE of Texas. Mr. Speaker, when China became an ally of the available to all. I rise today in support of H. Res. 683, ‘‘Ex- United States during World War II. This is only the fourth such apology pressing the regret of the House of Represent- Even then, the new law only allowed in the last 25 years. In 1988, President atives for the passages of laws that adversely 105 Chinese immigrants per year, a Reagan signed the bill apologizing for affected the Chinese in the United States, in- much lower quota than immigrant the Japanese American interment dur- cluding the Chinese Exclusion Act.’’ This reso- quotas from other countries and re- ing World War II. In 1993, Congress lution acknowledges the historical injustices gions of the world. Large-scale Chinese apologized to Hawaiians for the U.S.- against Chinese Americans, as reflected by a immigration was only finally allowed led overthrow of their monarchy. In series of laws; however, with a particular em- again with the Immigration Act of 2008, the House issued an apology to Af- phasis on the Chinese Exclusion Act that 1965, some 80 years after the Chinese rican Americans on behalf of the people which was first passed on March 23, 1882. Exclusion Act. of the United States for the wrongs One hundred thirty years after the passage Like their counterparts from Euro- committed against them and their an- of the Chinese Exclusion Act and other such pean countries, Chinese immigrants in cestors who suffered under slavery and measures unjustly targeting individuals in the the 19th century came to the United Jim Crow. U.S. with Chinese heritage, it is necessary for

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\CR\FM\K18JN7.023 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3719 Congress to take steps to right the wrongs that the House suspend the rules and offenses described in subsection (a) and the that were placed on thousands of people by agree to the resolution, House Resolu- need for an effective deterrent and appro- recognizing that discriminatory laws were tion 683. priate punishment to prevent such offenses; The question was taken; and (two- (2) consider the extent to which the guide- passed that had a harmful effect on persons lines may or may not appropriately account of Chinese decent here in the United States. thirds being in the affirmative) the for the potential and actual harm to the pub- Just last year, I congratulated the Chinese rules were suspended and the resolu- lic resulting from the offense; American Citizens Alliance in Houston, Texas tion was agreed to. (3) assure reasonable consistency with during their momentous 51st Biennial National A motion to reconsider was laid on other relevant directives and with other sen- Convention. This historical and highly re- the table. tencing guidelines; spected organization was founded in response f (4) account for any additional aggravating to the repressive 1882 Chinese Exclusion Act or mitigating circumstances that might jus- COUNTERFEIT DRUG PENALTY and other Federal and State laws that aimed tify exceptions to the generally applicable ENHANCEMENT ACT OF 2012 sentencing ranges; to restrict and ostracize. This celebration high- (5) make any necessary conforming lights the organization’s 116 years as the old- Mr. SMITH of Texas. Mr. Speaker, I changes to the sentencing guidelines; and est Asian American civil rights organization, move to suspend the rules and pass the (6) assure that the guidelines adequately consciously commemorating its courageous bill (H.R. 3668) to prevent trafficking in meet the purposes of sentencing as set forth founders by continuing to pioneer a pragmatic counterfeit drugs, as amended. in section 3553(a)(2) of title 18, United States future. The Clerk read the title of the bill. Code. Securing equal economic and political sup- The text of the bill is as follows: The SPEAKER pro tempore. Pursu- port, cultivating minds through the exchange H.R. 3668 ant to the rule, the gentleman from of knowledge, defending American citizenship, Be it enacted by the Senate and House of Rep- Texas (Mr. SMITH) and the gentle- and observing the practice of the principles of resentatives of the United States of America in woman from California (Ms. CHU) each brotherly love and mutual help, are a few of Congress assembled, will control 20 minutes. this organizations highly beneficial practices. SECTION 1. SHORT TITLE. The Chair recognizes the gentleman These goals are achieved by the organiza- This Act may be cited as the ‘‘Counterfeit from Texas. Drug Penalty Enhancement Act of 2012’’. tion’s eighteen affiliated chapters being highly GENERAL LEAVE decorated with individuals of significant SEC. 2. COUNTERFEIT DRUG PENALTY ENHANCE- Mr. SMITH of Texas. Mr. Speaker, I MENT. achievement; including leaders in the legal, ask unanimous consent that all Mem- medical, educational, scientific, arts and lit- (a) OFFENSE.—Section 2320(a) of title 18, United States Code, is amended— bers may have 5 legislative days to re- erature as well as corporate, business, and (1) by striking ‘‘or’’ at the end of paragraph vise and extend their remarks and in- entrepreneurial endeavors. These endeavors (2); clude extraneous material on the bill are also supported by Members of Congress (2) by inserting ‘‘or’’ at the end of para- under consideration. who recognize the important contributions of graph (3); The SPEAKER pro tempore. Is there Chinese Americans. Legislation like the one (3) by inserting after paragraph (3) the fol- objection to the request of the gen- before us today serve as reminders of how im- lowing: tleman from Texas? portant it is not to remember our past so that ‘‘(4) traffics in a counterfeit drug,’’; and There was no objection. we do not repeat it. (4) by striking ‘‘through (3)’’ and inserting ‘‘through (4)’’. Mr. SMITH of Texas. Mr. Speaker, I The United States has always been a place (b) PENALTIES.—Section 2320(b)(3) of title yield myself such time as I may con- where people from diverse backgrounds arrive 18, United States Code, is amended— sume. in hopes of attaining better opportunity, seek- (1) in the heading, by inserting ‘‘AND COUN- Mr. Speaker, I thank Mr. MEEHAN of ing refuge to escape prosecution and provide TERFEIT DRUGS’’ after ‘‘SERVICES’’; and Pennsylvania and Ms. LINDA SA´ NCHEZ a more fruitful lifestyle for their families, like- (2) by inserting ‘‘or counterfeit drug’’ after of California for their work on this wise in the 19th and 20th century many Chi- ‘‘service’’. issue. This is a bipartisan, bicameral nese came to the United States for similar (c) DEFINITION.—Section 2320(f) of title 18, bill. Similar legislation sponsored by reasons, unfortunately they were not treated United States Code, is amended— (1) by striking ‘‘and’’ at the end of para- Senator LEAHY was approved by the favorably. graph (4); Senate last March by voice vote. With the passage of legislation that limited (2) by striking the period at the end of This bill enacts penalties for traf- Chinese immigration such as the renegotiation paragraph (5) and inserting ‘‘; and’’; and ficking in counterfeit drugs similar to of the Burlingame Treaty and the Fifteen Pas- (3) by adding at the end the following: those for trafficking in military goods senger Bill which only permitted 15 Chinese ‘‘(6) the term ‘counterfeit drug’ means a and services, as established in the Na- passengers on any ship coming to the United drug, as defined by section 201 of the Federal tional Defense Authorization Act, States, the Chinese in this country were di- Food, Drug, and Cosmetic Act, that uses a which Congress passed last December. rectly affected by unequal treatment. counterfeit mark on or in connection with Counterfeit military goods affect the On a personal level I can relate to the plight the drug.’’. (d) PRIORITY GIVEN TO CERTAIN INVESTIGA- credibility of the supply chains that of many Chinese Americans as they fought to TIONS AND PROSECUTIONS.—The Attorney support our national defense, and coun- be accepted in the United States. I am well General shall give increased priority to ef- terfeit drugs call into doubt the credi- aware of the United State’s history of discrimi- forts to investigate and prosecute offenses bility of America’s pharmaceutical nation and the harmful impact such discrimina- under section 2320 of title 18, United States legal drug supply. In both situations, tion has upon our society as a whole. It is my Code, that involve counterfeit drugs. the significant and multiple dangers to belief that no one should be forced to endure SEC. 3. SENTENCING COMMISSION DIRECTIVE. the public demand enhanced penalties. inequality on the basis of their race, class, (a) DIRECTIVE TO SENTENCING COMMISSION.— Counterfeit drugs are fake drugs. gender or religious belief. Pursuant to its authority under section They may be contaminated, contain It is necessary that measures are constantly 994(p) of title 28, United States Code, and in the wrong ingredient or no ingredient accordance with this section, the United taken to ensure that our past failures are ac- at all, or have the right active ingre- knowledged and not repeated. H.R. 683 dem- States Sentencing Commission shall review and amend, if appropriate, its guidelines and dient but the wrong dose. They are in- onstrates the regret felt by the House of Rep- its policy statements applicable to persons tentionally packaged to convince the resentatives for the passages of laws that tar- convicted of an offense described in section consumer they are genuine. Counter- geted people of Chinese origin solely based 2320(a)(4) of title 18, United States Code, as feit drugs are illegal and can be harm- upon their ethnicity. amended by section 2, in order to reflect the ful to a person’s health and even dead- The passage of this bill will make clear that intent of Congress that such penalties be in- ly. we do not support those actions today. It is creased in comparison to those currently essential that we continue to aim for cultural provided by the guidelines and policy state- b 1700 acceptance and embrace the differences that ments. Counterfeit drugs present not only a (b) REQUIREMENTS.—In carrying out this financial loss to the manufacturer or make up the diversity of this country that sets section, the Commission shall— us apart from any other nation. (1) ensure that the sentencing guidelines mark holder, but also a real health risk The SPEAKER pro tempore. The and policy statements reflect the intent of to consumers. question is on the motion offered by Congress that the guidelines and policy While current law technically in- the gentleman from Texas (Mr. SMITH) statements reflect the serious nature of the cludes counterfeit drugs, the law does

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.016 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3720 CONGRESSIONAL RECORD — HOUSE June 18, 2012 not expressly prohibit trafficking in under poorly controlled and unsanitary to the gentleman from Pennsylvania counterfeit drugs and carries a max- conditions.’’ (Mr. MEEHAN), who is the sponsor of imum penalty of only 10 years. Also, an individual who consumes a this legislation. Late last month, the U.S. Food and counterfeit drug is deprived of mean- Mr. MEEHAN. I thank the chairman. Drug Administration warned con- ingful treatment that can respond to Mr. Speaker, I rise today in support sumers and health care professionals life-threatening illnesses. Consider, for of H.R. 3668, the Counterfeit Drug Pen- about a counterfeit version of Adderall example, a patient suffering from a alty Enhancement Act. that is available for sale on the Inter- heart ailment or a child who is des- I want to thank the distinguished net. Approved for treatment of atten- perately fighting an aggressive life- gentleman from Texas for his leader- tion deficit hyperactivity disorders, threatening infection. The con- ship on this issue on the Judiciary this medication is a prescription drug sequences of consuming an ineffective Committee, and I also want to thank classified as a controlled substance, a counterfeit drug are blatantly obvious. my colleagues from the other side of class of drugs for which special con- By receiving these counterfeit drugs the aisle as we rise in a truly bipar- trols are required for dispensing by instead of the real medications that tisan, bicameral fashion in working for pharmacists. The FDA’s preliminary they require, each of these individuals the passage of this very important leg- laboratory test revealed that the coun- would be denied receiving the effective islation. So I appreciate the kind re- terfeit version of this drug contained treatment that they must quickly be marks of the gentlelady from Cali- the wrong active ingredients. The given in order to address their ill- fornia in support of this bill as well. counterfeit product contained none of nesses. Like so many other health care the four active ingredients found in the Finally, the proliferation of counter- costs, prescription drugs are expensive, genuine medication. In fact, it con- feit drugs poses a grave nationwide and the cost is rising. So what we are tained two different drugs found in risk to the public health and safety of beginning to see increasingly is people medicines used to treat acute pain. all of our citizens. Current technology going online to make the purchases of Rogue Web sites and corrupt dis- and distribution channels present the those drugs. It’s an issue that I saw tributors now prey on the fears of real danger that a very large quantity firsthand as a Federal prosecutor who Americans when medicines are in short of these counterfeit drugs could enter began to work on the proliferation of supply. Drug shortages have increased into the marketplace where they can illegal drug sales over the Internet. Of- in frequency and severity in recent injure and possibly risk the lives of tentimes, the people who are pur- years and adversely affect patient care. many Americans before they are even chasing these are senior citizens. An unfortunate and potentially deadly detected. Online, there are not the kinds of The Food and Drug Administration is side effect of drug shortages is counter- protections that would exist tradition- working with medical product supply feit drug trafficking. ally as there are in a pharmacy setting chain stakeholders to respond to this Last February, the FDA warned where, not only do you have the ability emerging threat, but we need to do health care professionals and patients to have the advice of a pharmacist, but more. It is critically important for us about a counterfeit version of Avastin, the certainty of the chain of custody, to reinforce our criminal law so that it a cancer treatment. Tests revealed the so to speak, for the drugs that have clearly addresses the national menace counterfeit version did not contain the been traveling in commerce. presented by large-scale, intentional medicine’s active ingredient. This may What we are finding is that close to trafficking in counterfeit drugs. have resulted in patients not receiving Under current law, trafficking in 90 percent of counterfeit drugs are sold needed cancer therapy. Several medical counterfeit drugs receives the same online. And we’re not just talking practices in the United States may criminal penalty as trafficking in about mislabeled pills here. The fakes have purchased the counterfeit drug other less dangerous items. This short- could actually contain no active ingre- from a foreign supplier. The FDA re- coming in current law explains why the dients, the wrong active ingredient, or quested that the medical practices stop U.S. Intellectual Property Enforce- even a contaminant. the use of any remaining products from ment Coordinator supports H.R. 3668, The counterfeit medicines pose a this supplier. Unfortunately, in this as stated in her recent annual report to threat because of the conditions under case alone, there were dozens of cancer Congress. which they are manufactured, often in patients who may never know that This bill not only appropriately rec- unregulated locations and frequently they did not receive lifesaving cancer ognizes the need to treat crimes involv- under unsanitary conditions. In many drugs. Instead, they got a useless coun- ing counterfeit medications more seri- instances, they contain none of the ac- terfeit drug, a drug counterfeited and ously, but also requires the Justice De- tive pharmaceutical ingredients found sold only for the purpose of financial partment to prioritize its investigatory in the authentic medicine or are in in- gain. These recent situations prove and prosecutorial efforts with respect correct doses. In others, they may con- that those who traffic in counterfeit to these crimes. tain toxic ingredients, such as heavy drugs should be subject to enhanced I am particularly pleased that during metals, arsenic, pesticides, rat poison, penalties. the Judiciary Committee’s markup of brick dust, floor wax, and even leaded I urge my colleagues to support this the bill, an amendment offered by my highway paint. In a worst-case sce- bicameral legislation, and I reserve the colleague, Congressman BOBBY SCOTT, nario, the medicine itself is a fake, and balance of my time. was adopted that would direct the At- the result of the counterfeit sale is Ms. CHU. Mr. Speaker, I yield myself torney General to give increased pri- harm to the patient’s health and safe- as much time as I may consume. ority to efforts to investigate and pros- ty. Mr. Speaker, H.R. 3668, the Counter- ecute these offenses. And while all types of drugs are feit Drug Penalty Enhancement Act of As amended, this measure appro- counterfeited, what’s of particular con- 2012, would increase the maximum priately recognizes that, while penalty cern to me is the illicit market in sig- criminal penalties for trafficking in increases may be warranted, effective nificant drugs, cancer drugs, like counterfeit drugs. Counterfeit drugs deterrence depends mostly on the like- Avastin and Altuzan; ADHD drugs, like are a serious public threat to all Amer- lihood of apprehension and conviction Adderall; and pain treatments, like icans for several reasons. of offenders. Vicodin. To begin with, a person who unknow- I commend the efforts of my col- This is an economic harm. Estimates ingly consumes a counterfeit medica- leagues, Congressman PATRICK MEEHAN are that there are $75 billion worth of tion may be harmed by dangerous but and Congresswoman LINDA SA´ NCHEZ, counterfeit drug sales annually. But undisclosed substances in the drug. As for introducing this important legisla- it’s not just the economic harm that is a Food and Drug Administration rep- tion. of the greatest concern to me; it is the resentative testified at a hearing be- I urge my colleagues to support H.R. consumer safety associated with this. fore the Judiciary Committee’s Crime 3668, and I reserve the balance of my The World Health Organization, in Subcommittee, ‘‘a counterfeit drug time. their estimates, predicted or believed could be made using ingredients that Mr. SMITH of Texas. Mr. Speaker, I that counterfeit drugs caused 100,000 are toxic to patients and processed yield as much time as he may consume deaths worldwide last year. This is an

VerDate Mar 15 2010 02:11 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.027 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3721 issue of such importance, it even cap- ance with this provision, I have sent to ures, and protected from diversion to tured the attention of the world gov- the Federal Register for publication the activities of proliferation concern. The ernments, with the G–8 leaders at enclosed notice stating that the na- accumulation of a large volume of Camp David issuing a declaration on tional emergency declared in Executive weapons-usable fissile material in the the need to address this international Order 13466 of June 26, 2008, expanded in territory of the Russian Federation crisis. scope in Executive Order 13551 of Au- continues to pose an unusual and ex- Today it’s illegal to introduce coun- gust 30, 2010, and addressed further in traordinary threat to the national se- terfeit drugs into interstate commerce, Executive Order 13570 of April 18, 2011, curity and foreign policy of the United but the penalties are no different than is to continue in effect beyond June 26, States. For this reason, I have deter- those assessed for trafficking other 2012. mined that it is necessary to continue counterfeit products, such as movies or The existence and risk of prolifera- the national emergency declared with fashion products like purses. tion of weapons-usable fissile material respect to the risk of nuclear prolifera- on the Korean Peninsula, and the ac- tion created by the accumulation of a b 1710 tions and policies of the Government of large volume of weapons-usable fissile That’s why our bill seeks to have North Korea that destabilize the Ko- material in the territory of the Rus- sentencing laws reflect the seriousness rean Peninsula and imperil U.S. Armed sian Federation and maintain in force of the crime. The bill increases fines to Forces, allies, and trading partners in these emergency authorities to respond a maximum of $4 million for the first the region continue to constitute an to this threat. offense and $8 million for subsequent unusual and extraordinary threat to BARACK OBAMA. offenses, and prison terms for a max- the national security, foreign policy, THE WHITE HOUSE, June 18, 2012. imum of 10 to 20 years. This is an over- and economy of the United States. For f due and needed change—and I can say these reasons, I have determined that that as a prosecutor. it is necessary to continue the national RECESS I would like to thank Congress- emergency with respect to these The SPEAKER pro tempore. Pursu- woman SA´ NCHEZ for her leadership on threats and maintain in force the ant to clause 12(a) of rule I, the Chair this issue. I want to thank my col- measures taken to deal with that na- declares the House in recess until ap- league from Pennsylvania, Congress- tional emergency. proximately 6:30 p.m. today. man TOM MARINO, for his hard work on BARACK OBAMA. Accordingly (at 5 o’clock and 10 min- the Judiciary Committee, working THE WHITE HOUSE, June 18, 2012. utes p.m.), the House stood in recess. with Chairman SMITH on this issue. f And I want to thank the Members in f both parties that should be recognized CONTINUATION OF THE NATIONAL for bringing this critical measure to EMERGENCY WITH RESPECT TO b 1830 the floor so expeditiously. THE RISK OF NUCLEAR PRO- AFTER RECESS I encourage my colleagues on both LIFERATION CREATED BY THE sides of the aisle to lend their support ACCUMULATION OF WEAPONS- The recess having expired, the House for this very important legislation. USABLE FISSILE MATERIAL IN was called to order by the Speaker pro Ms. CHU. Mr. Speaker, I yield back THE TERRITORY OF THE RUS- tempore (Ms. FOXX) at 6 o’clock and 30 the balance of my time. SIAN FEDERATION—MESSAGE minutes p.m. Mr. SMITH of Texas. I yield back the FROM THE PRESIDENT OF THE f balance of my time. UNITED STATES (H. DOC. NO. 112– The SPEAKER pro tempore. The 114) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE question is on the motion offered by The SPEAKER pro tempore laid be- the gentleman from Texas (Mr. SMITH) fore the House the following message The SPEAKER pro tempore. Pursu- that the House suspend the rules and from the President of the United ant to clause 8 of rule XX, proceedings pass the bill, H.R. 3668, as amended. States; which was read and, together will resume on motions to suspend the The question was taken; and (two- with the accompanying papers, referred rules previously postponed. thirds being in the affirmative) the to the Committee on Foreign Affairs Votes will be taken in the following rules were suspended and the bill, as and ordered to be printed: order: amended, was passed. S. 684, by the yeas and nays; A motion to reconsider was laid on To the Congress of the United States: S. 404, by the yeas and nays. the table. Section 202(d) of the National Emer- The first electronic vote will be con- gencies Act (50 U.S.C. 1622(d)) provides f ducted as a 15-minute vote. The second for the automatic termination of a na- electronic vote will be conducted as a CONTINUATION OF THE NATIONAL tional emergency unless, within 90 5-minute vote. EMERGENCY WITH RESPECT TO days prior to the anniversary date of NORTH KOREA—MESSAGE FROM its declaration, the President publishes f in the Federal Register and transmits to THE PRESIDENT OF THE UNITED ALTA, UTAH, CONVEYANCE ACT STATES (H. DOC. NO. 112–113) the Congress a notice stating that the emergency is to continue in effect be- The SPEAKER pro tempore. The un- The SPEAKER pro tempore laid be- yond the anniversary date. In accord- finished business is the vote on the mo- fore the House the following message ance with this provision, I have sent to tion to suspend the rules and pass the from the President of the United the Federal Register for publication the bill (S. 684) to provide for the convey- States; which was read and, together enclosed notice stating that the emer- ance of certain parcels of land to the with the accompanying papers, referred gency declared in Executive Order 13159 town of Alta, Utah. to the Committee on Foreign Affairs of June 21, 2000, with respect to the The Clerk read the title of the bill. and ordered to be printed: risk of nuclear proliferation created by The SPEAKER pro tempore. The To the Congress of the United States: the accumulation of a large volume of question is on the motion offered by Section 202(d) of the National Emer- weapons-usable fissile material in the the gentleman from Washington (Mr. gencies Act (50 U.S.C. 1622(d)) provides territory of the Russian Federation is HASTINGS) that the House suspend the for the automatic termination of a na- to continue beyond June 21, 2012. rules and pass the bill. tional emergency unless, within 90 It remains a major national security The vote was taken by electronic de- days prior to the anniversary date of goal of the United States to ensure vice, and there were—yeas 383, nays 3, its declaration, the President publishes that fissile material removed from not voting 45, as follows: in the Federal Register and transmits to Russian nuclear weapons pursuant to [Roll No. 379] the Congress a notice stating that the various arms control and disarmament YEAS—383 emergency is to continue in effect be- agreements is dedicated to peaceful Adams Akin Altmire yond the anniversary date. In accord- uses, subject to transparency meas- Aderholt Alexander Amash

VerDate Mar 15 2010 04:54 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.028 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3722 CONGRESSIONAL RECORD — HOUSE June 18, 2012 Amodei Edwards Latham Rogers (KY) Sessions Turner (OH) [Roll No. 380] Andrews Ellison LaTourette Rogers (MI) Sewell Upton Baca Ellmers Latta Rooney Sherman Van Hollen YEAS—380 Bachmann Emerson Lee (CA) Ros-Lehtinen Shimkus ´ Velazquez Adams Doggett Kissell Bachus Engel Levin Roskam Shuler Visclosky Aderholt Dold Kline Baldwin Eshoo Lewis (GA) Ross (FL) Shuster Walberg Akin Doyle Kucinich Barletta Farenthold Lipinski Rothman (NJ) Simpson Walden Alexander Dreier Labrador Barrow Farr LoBiondo Roybal-Allard Sires Walsh (IL) Altmire Duffy Lamborn Bartlett Fattah Loebsack Royce Slaughter Walz (MN) Amash Duncan (SC) Lance Barton (TX) Filner Lofgren, Zoe Runyan Smith (NE) Waters Amodei Duncan (TN) Landry Bass (CA) Fincher Long Ruppersberger Smith (NJ) Watt Andrews Edwards Langevin Bass (NH) Fitzpatrick Lucas Ryan (OH) Smith (TX) Waxman Baca Ellison Lankford Becerra Flake Luetkemeyer Ryan (WI) Smith (WA) Webster Bachmann Ellmers Larsen (WA) Benishek Fleischmann Luja´ n Sanchez, Loretta Southerland Welch Bachus Emerson Larson (CT) Berg Fleming Lummis Sarbanes Stark West Baldwin Engel Latham Berman Forbes Lungren, Daniel Scalise Stearns Westmoreland Barletta Eshoo LaTourette Biggert Fortenberry E. Schakowsky Stivers Whitfield Barrow Farenthold Latta Bilbray Foxx Lynch Schiff Stutzman Wilson (FL) Bartlett Farr Levin Bilirakis Frank (MA) Mack Schmidt Sullivan Wilson (SC) Barton (TX) Fattah Lewis (GA) Bishop (GA) Franks (AZ) Maloney Schock Sutton Wittman Bass (CA) Filner Lipinski Bishop (NY) Frelinghuysen Manzullo Schrader Terry Wolf Bass (NH) Fincher LoBiondo Bishop (UT) Gallegly Marino Schwartz Thompson (CA) Womack Becerra Fitzpatrick Loebsack Black Garamendi Markey Schweikert Thompson (PA) Scott (SC) Thornberry Woolsey Benishek Flake Lofgren, Zoe Blackburn Gardner Matheson Berg Fleischmann Long Bonamici Garrett Matsui Scott, Austin Tipton Yarmuth Scott, David Tonko Yoder Berman Fleming Luetkemeyer Bonner Gerlach McCarthy (CA) Biggert Forbes Luja´ n Bono Mack Gibbs McCaul Sensenbrenner Tsongas Young (AK) Serrano Turner (NY) Young (IN) Bilbray Foxx Lummis Boren Gibson McClintock Bilirakis Frank (MA) Lungren, Daniel Boswell Gonzalez McCollum NAYS—3 Bishop (GA) Franks (AZ) E. Boustany Goodlatte McCotter Brooks Griffith (VA) Woodall Bishop (NY) Frelinghuysen Lynch Brady (PA) Gosar McDermott Bishop (UT) Gallegly Mack Brady (TX) Gowdy McGovern NOT VOTING—45 Black Garamendi Maloney Braley (IA) Granger McHenry Blackburn Gardner Manzullo Ackerman Gutierrez Rokita Broun (GA) Graves (GA) McIntyre Bonamici Garrett Marino Austria Harper Brown (FL) Graves (MO) McKeon Ross (AR) Bonner Gerlach Markey Berkley Hartzler Buchanan Green, Al McKinley Rush Bono Mack Gibbs Matheson Blumenauer Israel Bucshon Green, Gene McMorris Sa´ nchez, Linda Boren Gibson Matsui Buerkle Jackson (IL) Burgess Grijalva Rodgers T. Boswell Gonzalez McCarthy (CA) Butterfield Johnson (IL) Burton (IN) Grimm McNerney Schilling Boustany Goodlatte McCaul Campbell Lewis (CA) Calvert Guinta Meehan Scott (VA) Brady (PA) Gosar McClintock Carter Lowey Camp Guthrie Meeks Speier Brady (TX) Gowdy McCollum Coble Marchant Canseco Hahn Mica Thompson (MS) Braley (IA) Granger McCotter Davis (KY) McCarthy (NY) Cantor Hall Michaud Tiberi Brooks Graves (GA) McDermott Donnelly (IN) Miller (FL) Capito Hanabusa Miller (MI) Tierney Broun (GA) Graves (MO) McGovern Flores Murphy (CT) Capps Hanna Miller (NC) Brown (FL) Green, Al McHenry Fudge Owens Towns Capuano Harris Miller, Gary Buchanan Green, Gene McIntyre Gingrey (GA) Pelosi Wasserman Cardoza Hastings (FL) Miller, George Bucshon Griffith (VA) McKeon Gohmert Roe (TN) Schultz Carnahan Hastings (WA) Moore Burgess Grijalva McKinley Griffin (AR) Rohrabacher Young (FL) Carney Hayworth Moran Burton (IN) Grimm McMorris Carson (IN) Heck Mulvaney Calvert Guinta Rodgers Cassidy Heinrich Murphy (PA) b 1854 Camp Guthrie McNerney Castor (FL) Hensarling Myrick Canseco Hahn Meehan Chabot Herger Nadler Messrs. GRAVES of Missouri, Cantor Hall Meeks Chaffetz Herrera Beutler Napolitano MCDERMOTT, AMASH and POE of Capito Hanabusa Mica Chandler Higgins Neal Texas changed their vote from ‘‘nay’’ Capps Hanna Michaud Chu Himes Neugebauer Capuano Harper Miller (MI) Cicilline Hinchey Noem to ‘‘yea.’’ Cardoza Harris Miller (NC) Clarke (MI) Hinojosa Nugent So (two-thirds being in the affirma- Carnahan Hastings (FL) Miller, Gary Clarke (NY) Hirono Nunes tive) the rules were suspended and the Carney Hastings (WA) Miller, George Clay Hochul Nunnelee bill was passed. Carson (IN) Hayworth Moore Cleaver Holden Olson Cassidy Heck Moran Clyburn Holt Olver The result of the vote was announced Castor (FL) Heinrich Mulvaney Coffman (CO) Honda Palazzo as above recorded. Chabot Hensarling Murphy (PA) Cohen Hoyer Pallone A motion to reconsider was laid on Chaffetz Herger Myrick Cole Huelskamp Pascrell Chu Herrera Beutler Nadler Conaway Huizenga (MI) Pastor (AZ) the table. Clarke (MI) Higgins Napolitano Connolly (VA) Hultgren Paul Stated for: Clarke (NY) Himes Neal Conyers Hunter Paulsen Mr. HARPER. Madam Speaker, on rollcall Clay Hinchey Neugebauer Cooper Hurt Pearce Cleaver Hinojosa Noem Costa Issa Pence No. 379 I was unavoidably detained. Had I Clyburn Hirono Nugent Costello Jackson Lee Perlmutter been present, I would have voted ‘‘yea.’’ Coffman (CO) Hochul Nunes Courtney (TX) Peters Cohen Holden Nunnelee Cravaack Jenkins Peterson f Cole Holt Olson Crawford Johnson (GA) Petri Conaway Honda Olver Crenshaw Johnson (OH) Pingree (ME) LAND GRANT PATENT Connolly (VA) Hoyer Palazzo Critz Johnson, E. B. Pitts Conyers Huelskamp Pallone Crowley Johnson, Sam Platts MODIFICATION ACT Cooper Huizenga (MI) Pascrell Cuellar Jones Poe (TX) The SPEAKER pro tempore. The un- Costa Hultgren Pastor (AZ) Culberson Jordan Polis Costello Hunter Paul Cummings Kaptur Pompeo finished business is the vote on the mo- Courtney Hurt Paulsen Davis (CA) Keating Posey tion to suspend the rules and pass the Cravaack Issa Pearce Davis (IL) Kelly Price (GA) bill (S. 404) to modify a land grant pat- Crawford Jackson Lee Pence DeFazio Kildee Price (NC) Crenshaw (TX) Perlmutter DeGette Kind Quayle ent issued by the Secretary of the Inte- Critz Jenkins Peters DeLauro King (IA) Quigley rior, on which the yeas and nays were Crowley Johnson (GA) Peterson Denham King (NY) Rahall ordered. Cuellar Johnson (OH) Petri Dent Kingston Rangel The Clerk read the title of the bill. Culberson Johnson, E. B. Pingree (ME) DesJarlais Kinzinger (IL) Reed Cummings Johnson, Sam Pitts Deutch Kissell Rehberg The SPEAKER pro tempore. The Davis (CA) Jones Platts Diaz-Balart Kline Reichert question is on the motion offered by Davis (IL) Jordan Poe (TX) Dicks Kucinich Renacci the gentleman from Washington (Mr. DeFazio Kaptur Polis Dingell Labrador Reyes DeGette Keating Pompeo Doggett Lamborn Ribble HASTINGS) that the House suspend the DeLauro Kelly Posey Dold Lance Richardson rules and pass the bill. Denham Kildee Price (GA) Doyle Landry Richmond This is a 5-minute vote. Dent Kind Price (NC) Dreier Langevin Rigell The vote was taken by electronic de- DesJarlais King (IA) Quayle Duffy Lankford Rivera Deutch King (NY) Quigley Duncan (SC) Larsen (WA) Roby vice, and there were—yeas 380, nays 0, Diaz-Balart Kingston Rahall Duncan (TN) Larson (CT) Rogers (AL) not voting 51, as follows: Dingell Kinzinger (IL) Rangel

VerDate Mar 15 2010 02:39 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.018 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3723 Reed Schrader Tipton NOTICE OF INTENTION TO OFFER SEC. 3. DEFINITIONS. Rehberg Schwartz Tonko MOTION TO INSTRUCT CON- For the purpose of this Act: Reichert Schweikert Tsongas FEREES ON H.R. 4348, SURFACE (1) AVAILABLE FUNDS.—The term ‘‘available Renacci Scott (SC) Turner (NY) funds’’ means the funds awarded to the Min- Reyes Scott, Austin Upton TRANSPORTATION EXTENSION Ribble Scott, David nesota Chippewa Tribe and interest earned and Van Hollen ACT OF 2012, PART II received on those funds, less the funds used for Richardson Sensenbrenner Vela´ zquez Richmond Serrano Visclosky Mr. WALZ of Minnesota. Madam payments authorized under section 4. Rigell Sessions Walberg Speaker, under rule XXII, clause 7(c), I (2) BANDS.—The term ‘‘Bands’’ means the Rivera Sewell Walden Bois Forte Band, Fond du Lac Band, Grand Roby Sherman hereby announce my intention to offer Walsh (IL) Portage Band, Leech Lake Band, Mille Lacs Rogers (AL) Shimkus Walz (MN) a motion to instruct on H.R. 4348, the Band, and White Earth Band. Rogers (KY) Shuler Waters transportation conference report. (3) JUDGMENT FUNDS.—The term ‘‘judgment Rogers (MI) Shuster Watt Rooney Simpson The form of the motion is as follows: funds’’ means the funds awarded on May 26, Waxman Ros-Lehtinen Sires Mr. Walz of Minnesota moves that the 1999, to the Minnesota Chippewa Tribe by the Webster Roskam Slaughter managers on the part of the House at the Court of Federal Claims in Docket No. 19 and Ross (FL) Smith (NE) Welch 188. West conference on the disagreeing votes of the Rothman (NJ) Smith (NJ) two Houses on the Senate amendment to the (4) MINNESOTA CHIPPEWA TRIBE.—The term Roybal-Allard Smith (TX) Westmoreland Whitfield bill H.R. 4348 be instructed to resolve all ‘‘Minnesota Chippewa Tribe’’ means the Min- Royce Smith (WA) nesota Chippewa Tribe, Minnesota, composed of Runyan Southerland Wilson (FL) issues and file a conference report not later Ruppersberger Stark Wilson (SC) than June 22, 2012. the Bois Forte Band, Fond du Lac Band, Grand Ryan (OH) Stearns Wittman Portage Band, Leech Lake Band, Mille Lacs Ryan (WI) Stivers Wolf f Band, and White Earth Band. It does not in- Womack Sanchez, Loretta Stutzman MINNESOTA CHIPPEWA TRIBE clude Red Lake Band of Chippewa Indians, Sarbanes Sullivan Woodall Minnesota. Scalise Sutton Woolsey JUDGMENT FUND DISTRIBUTION (5) SECRETARY.—The term ‘‘Secretary’’ means Schakowsky Terry Yarmuth ACT OF 2012 the Secretary of the Interior. Schiff Thompson (CA) Yoder Schmidt Thompson (PA) Young (AK) Mr. YOUNG of Alaska. Mr. Speaker, I SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA Schock Thornberry Young (IN) move to suspend the rules and pass the CHIPPEWA TRIBE. bill (H.R. 1272) to provide for the use (a) IN GENERAL.—The Secretary is authorized NOT VOTING—51 to reimburse the Minnesota Chippewa Tribe the Ackerman Gohmert Rohrabacher and distribution of the funds awarded amount of funds, plus interest earned to the Austria Griffin (AR) Rokita to the Minnesota Chippewa Tribe, et date of reimbursement, that the Minnesota Berkley Gutierrez Ross (AR) al., by the United States Court of Fed- Chippewa Tribe contributed for payment of at- Blumenauer Hartzler Rush eral Claims in Docket Numbers 19 and torneys’ fees and litigation expenses associated Buerkle Israel Sa´ nchez, Linda 188, and for other purposes, as amend- with the litigation of Docket No. 19 and 188 be- Butterfield Jackson (IL) T. Campbell Johnson (IL) ed. fore the U.S. Court of Federal Claims and the Schilling distribution of judgment funds. Carter Lee (CA) Scott (VA) The Clerk read the title of the bill. Chandler Lewis (CA) (b) CLAIMS.—The Minnesota Chippewa Tribe’s Speier Cicilline Lowey The text of the bill is as follows: claim for reimbursement of funds expended shall Thompson (MS) Coble Lucas H.R. 1272 Tiberi be— Davis (KY) Marchant Be it enacted by the Senate and House of Rep- (1) presented to the Secretary not later than Dicks McCarthy (NY) Tierney Towns resentatives of the United States of America in 90 days after the date of enactment of this Act; Donnelly (IN) Miller (FL) (2) certified by the Minnesota Chippewa Tribe Flores Murphy (CT) Turner (OH) Congress assembled, Fortenberry Owens Wasserman SECTION 1. SHORT TITLE. as being unreimbursed to the Minnesota Chip- Fudge Pelosi Schultz This Act may be cited as the ‘‘Minnesota pewa Tribe from other funding sources; (3) paid with interest calculated at the rate of Gingrey (GA) Roe (TN) Young (FL) Chippewa Tribe Judgment Fund Distribution 6.0 percent per annum, simple interest, from the Act of 2012’’. b 1900 date the funds were expended to the date the So (two-thirds being in the affirma- SEC. 2. FINDINGS. funds are reimbursed to the Minnesota Chip- Congress finds the following: pewa Tribe; and tive) the rules were suspended and the (1) On January 22, 1948, the Minnesota Chip- bill was passed. (4) paid from the judgment funds prior to the pewa Tribe, representing all Chippewa bands in division of the funds under section 5. The result of the vote was announced Minnesota except the Red Lake Band, filed a SEC. 5. DIVISION OF JUDGMENT FUNDS. as above recorded. claim before the Indian Claims Commission in (a) MEMBERSHIP ROLLS.—Not later than 90 A motion to reconsider was laid on Docket No. 19 for an accounting of all funds re- days after the date of the enactment of this Act, the table. ceived and expended pursuant to the Act of Jan- the Minnesota Chippewa Tribe shall submit to uary 14, 1889, 25 Stat. 642, and amendatory acts PERSONAL EXPLANATION the Secretary updated membership rolls for each (hereinafter referred to as the Nelson Act). Mr. JOHNSON of Illinois. Mr. Speaker, I had Band, which shall include all enrolled members (2) On August 2, 1951, the Minnesota Chip- the date of the enactment of this Act. obligations that necessitated my attention in pewa Tribe, representing all Chippewa bands in (b) DIVISIONS.—After all funds have been re- Champaign, Illinois and missed suspension Minnesota except the Red Lake Band, filed a imbursed under section 4, and the membership votes on S. 684, a bill to provide for the con- number of claims before the Indian Claims Com- rolls have been updated under subsection (a), veyance of certain parcels of land to the town mission in Docket No. 188 for an accounting of the Secretary shall— of Alta, Utah and S. 404, a bill to modify a the Government’s obligation to each of the mem- (1) set aside for each Band a portion of the ber bands of the Minnesota Chippewa Tribe available judgment funds equivalent to $300 for land grant patent issued by the Secretary of under various statutes and treaties that are not the Interior. each member enrolled within each Band; and covered by the Nelson Act of January 14, 1889. (2) after the funds are set aside in accordance Had I been present, I would have voted (3) On May 17, 1999, a Joint Motion for Find- with paragraph (1), divide 100 percent of the re- ‘‘yea’’ on the above stated bills. ings in Aid of Settlement of the claims in Docket maining funds into equal shares for each Band. f No. 19 and 188 was filed before the Court. (c) SEPARATE ACCOUNTS.—The Secretary (4) The terms of the settlement were approved shall— REPORT ON RESOLUTION PRO- by the Court and the final judgment was en- (1) deposit all funds described in subsection VIDING FOR CONSIDERATION OF tered on May 26, 1999. (b)(1) into a ‘‘Per Capita’’ account for each H.R. 2578, CONSERVATION AND (5) On June 22, 1999, $20,000,000 was trans- Band; and ECONOMIC GROWTH ACT ferred to the Department of the Interior and de- (2) deposit all funds described in subsection posited into a trust fund account established for (b)(2) into an ‘‘Equal Shares’’ account for each Mr. BISHOP of Utah, from the Com- the beneficiaries of the funds awarded in Docket Band. mittee on Rules, submitted a privi- No. 19 and 188. (d) WITHDRAWAL OF FUNDS.—After the Sec- leged report (Rept. No. 112–539) on the (6) Pursuant to the Indian Tribal Judgment retary deposits the available funds into the ac- resolution (H. Res. 688) providing for Funds Use or Distribution Act (25 U.S.C. 1401 et counts described in subsection (c), a Band may consideration of the bill (H.R. 2578) to seq.), Congress must act to authorize the use or withdraw all or part of the monies in its ac- amend the Wild and Scenic Rivers Act distribution of the judgment funds. count. related to a segment of the Lower (7) On October 1, 2009, the Minnesota Chip- (e) DISBURSEMENT OF PER CAPITA PAY- pewa Tribal Executive Committee passed Resolu- MENTS.—All funds described in subsection (b)(1) Merced River in California, and for tion 146–09, approving a plan to distribute the shall be used by each Band only for the pur- other purposes, which was referred to judgment funds and requesting that the United poses of distributing one $300 payment to each the House Calendar and ordered to be States Congress act to distribute the judgment individual member of the Band. Each Band printed. funds in the manner described by the plan. may—

VerDate Mar 15 2010 03:04 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4634 Sfmt 6333 E:\CR\FM\A18JN7.021 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3724 CONGRESSIONAL RECORD — HOUSE June 18, 2012 (1) distribute the $300 payment to the parents Mr. Speaker, I rise today in support Mr. CRAVAACK. I thank my good or legal guardians on behalf of each dependent of H.R. 1272, the Minnesota Chippewa friend from Alaska for yielding. Band member instead of distributing such $300 Tribe Judgment Fund Distribution Mr. Speaker, I rise today in support payment to the dependent Band member; or Act. of H.R. 1272, the Minnesota Chippewa (2) deposit into a trust account the $300 pay- ment to each dependent Band member for the Thirteen years ago, the United Tribe Judgment Fund Distribution Act benefit of such dependent Band member, to be States Court of Federal Claims award- of 2012, of which I am an original co- distributed under the terms of such trust. ed and appropriated $20 million to the sponsor. (f) DISTRIBUTION OF UNCLAIMED PAYMENTS.— Minnesota Chippewa Tribe. This settle- I represent five of the six bands that One year after the funds described in subsection ment appropriation was to compensate constitute the Minnesota Chippewa (b)(1) are made available to the Bands, all un- the descendents of the Chippewa Indi- Tribe, which is a sovereign, federally claimed payments described in subsection (e) ans of Minnesota for the improper recognized tribal entity and the sole shall be returned to the Secretary, who shall di- valuation of timber and the taking of plaintiff in the litigation whose settle- vide these funds into equal shares for each Band, and deposit the divided shares into the land under the Nelson Act of 1889. Now, ment gives rise to this legislation. accounts described in subsection (c)(2) for the because of the Indian Judgment Fund b 1910 use of each Band. Act of 1983, Congress must pass legisla- (g) LIABILITY.—If a Band exercises the right tion detailing how the settlement The five bands that reside in my dis- to withdraw monies from its accounts, the Sec- should be distributed amongst the six trict are: Bois Forte, Grand Portage, retary shall not retain liability for the expendi- bands that make up the Minnesota Mille Lacs, Leech Lake, and Fond Du ture or investment of the monies after each Chippewa Tribe. Lac. withdrawal. The Minnesota Chippewa Tribe Judg- I’ve met with the representatives SEC. 6. GENERAL PROVISIONS. ment Fund Distribution Act, H.R. 1272, from all five bands on a number of oc- (a) PREVIOUS OBLIGATIONS.—Funds disbursed authorizes the Secretary of the Inte- casions in the 112th Congress, and under this Act shall not be liable for the pay- rior to release the funds, plus interest they’ve all made it very clear to me ment of previously contracted obligations of any that it is more than past time to bring recipient as provided in Public Law 98–64 (25 that has been earned, that were appro- U.S.C. 117b(a)). priated into the trust fund for the Min- resolution to this longstanding issue. I (b) INDIAN JUDGMENT FUNDS DISTRIBUTION nesota tribe in 1999. Being the expenses agree. ACT.—All funds distributed under this Act are for prosecuting the Minnesota Chip- The Minnesota Chippewa Tribe en- subject to the provisions in the Indian Judgment pewa Tribe claims were shared equally tered into a $20 million legal settle- Funds Distribution Act (25 U.S.C. 1407). by all the bands, these expenses should ment with the United States Govern- The SPEAKER pro tempore (Mr. be expended equally from the fund. ment in 1999 to compensate for dam- AMASH). Pursuant to the rule, the gen- H.R. 1272 requires that each of the six ages stemming from the improper tak- tleman from Alaska (Mr. YOUNG) and bands provide the Secretary with up- ing of land and valuation of timber the gentleman from New Mexico (Mr. dated membership rolls. It directs the under the Nelson Act of 1889. LUJA´ N) each will control 20 minutes. Secretary to set aside $300 to each These settlement funds have been sit- The Chair recognizes the gentleman member enrolled and to divide the re- ting in a Department of the Interior from Alaska. maining funds into equal shares for trust fund ever since and with interest GENERAL LEAVE each band. have grown to about $28 million. That Mr. YOUNG of Alaska. Mr. Speaker, I It is important to note that the CBO money now belongs to the Minnesota ask unanimous consent that all Mem- has concluded that H.R. 1272 does not Chippewa Tribe. The United States’ bers have 5 legislative days to revise need an appropriation and that it has only role in this has been to tempo- and extend their remarks and include no budgetary impact because the $20 rarily hold it in trust for them until it extraneous materials on the bill under million settlement proceeds were ap- can be distributed. Thus I’ve joined consideration. propriated and paid to the Minnesota with my fellow Minnesota Representa- The SPEAKER pro tempore. Is there Chippewa Tribe in 1999. They’ve been tives, Mr. PETERSON and Mr. PAULSEN, objection to the request of the gen- there since 1999. in cosponsoring the legislation before tleman from Alaska? So I think it is high time that this you today. There was no objection. settlement is finally distributed and This legislation puts forth a disburse- Mr. YOUNG of Alaska. Mr. Speaker, I put to work within these communities. ment formula which reflects and hon- yield myself such time as I may con- The sooner we resolve this issue, the ors the formula decided democratically sume. sooner these funds can be released and by the governing body of the Min- In 1999, the United States Court of go to work within these economically nesota Chippewa Tribe, known as the Federal Claims awarded a $20 million depressed areas. There is a great need Tribal Executive Committee. This for- settlement to the Minnesota Chippewa on these reservations for things like mula voted for and passed by the com- Tribe, pursuant to the Nelson Act and schools, health care facilities, and mittee supports a per capita apportion- various treaties that are not covered other infrastructure improvements. ment of $300 each to each member, fol- by the Nelson Act, for various account- I want to alert everybody that this is lowed by a six-way split for the re- ing obligations of the Federal Govern- not unanimous. Five of the six tribes maining settlement funds. Impor- ment. These funds have been held in support this. This has been going on for tantly, H.R. 1272 will distribute the set- trust and have not been disbursed. H.R. 13 years, but this is as good as we can tlement funds according to the formula 1272 authorizes the Secretary of the In- do. We don’t want the perfect to be the that has been determined by the CBO terior to disburse the balance held in enemy of the good, and it’s time that to have no budgetary impact. trust to the Minnesota Chippewa Tribe. we got this settled. I think it makes no It is always difficult to craft a com- I would like to thank Congressman sense for anybody to draw hard-line po- promise between such varied and com- CHIP CRAVAACK and the sponsor of this sitions on this. Judging from experi- peting interests. However, the com- bill, Congressman COLLIN PETERSON, ence, no hard-line position has ever promise represented in this bill re- for working with the Minnesota Chip- succeeded, so it’s time for everybody to spects the decision of the governing pewa Tribe and for getting this bill to come together and find an agreement body of the entity that brought forth the floor. that maybe not everybody loves but the claim on behalf of all six bands, I urge the adoption of the measure, that everybody can benefit from. and the U.S. Court of Federal Claims and I reserve the balance of my time. That is what H.R. 1272 is. We encour- recognizes as having the constitutional Mr. LUJA´ N. Mr. Speaker, I yield age the adoption of the bill. Our folks authority to enter into a proposed set- such time as he may consume to the back home would really appreciate get- tlement on behalf of all six bands. All author of the legislation, the ranking ting this settled and letting these six bands shared equally in the expense member of the Agriculture Committee, funds go to work on their reservations. of the risk of prosecuting the case, and the gentleman from Minnesota (Mr. Mr. YOUNG of Alaska. Mr. Speaker, I the tribal executive committee pro- PETERSON). yield 3 minutes to the gentleman from vided the six bands an equal oppor- Mr. PETERSON. I thank the gen- Minnesota (Mr. CRAVAACK), the author tunity to vote on how the judgment tleman. of the bill. funds should be distributed.

VerDate Mar 15 2010 03:04 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A18JN7.026 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3725 The release of the $28 million to the rules were suspended and the bill, as (9) The proposed casino would be located close members of the Chippewa Tribe will amended, was passed. to existing neighborhoods and a newly built have positive implications far beyond A motion to reconsider was laid on school and raises a number of concerns. Home- just righting a past wrong. This money the table. owners, churches, schools, and businesses made a significant investment in the area without will flow directly into the hands of the f knowing that a tribal casino would or even bands and their members, sparking could locate within the area. much needed consumer activity and, GILA BEND INDIAN RESERVATION LANDS REPLACEMENT CLARI- (10) The development has the potential to im- hopefully, investment in the reserva- pact the future of transportation projects, in- tions in northern Minnesota. This will FICATION ACT cluding the Northern Parkway, a critical trans- benefit the entire region. Mr. YOUNG of Alaska. Mr. Speaker, I portation corridor to the West Valley. H.R. 1272 is the solution that must be move to suspend the rules and pass the (11) The Tohono O’odham Nation currently enacted in order to fulfill the U.S. Gov- bill (H.R. 2938) to prohibit certain gam- operates three gaming facilities: 2 in the Tucson metropolitan area and 1 in Why, Arizona. ernment’s legal obligations, conclude ing activities on certain Indian lands (12) Nothing in the language or legislative his- its litigation with the Minnesota Chip- in Arizona, as amended. tory of the Gila Bend Indian Reservation Lands pewa Tribe, and release over $28 mil- The Clerk read the title of the bill. Replacement Act indicates that gaming was an lion in settlement funds in a fair and The text of the bill is as follows: anticipated use of the replacement lands. expeditious manner. Thus, I am hopeful H.R. 2938 (13) It is the intent of Congress to clarify that lands purchased pursuant to the Gila Bend In- that my colleagues will join me in sup- Be it enacted by the Senate and House of Rep- dian Reservation Lands Replacement Act are port of the bill that brings resolution resentatives of the United States of America in not eligible for Class II and Class III gaming to this longstanding issue. Congress assembled, Mr. LUJA´ N. If my friend doesn’t pursuant to the Indian Gaming Regulatory Act. SECTION 1. SHORT TITLE. Such lands may be used for other forms of eco- have any other speakers, I yield back This Act may be cited as the ‘‘Gila Bend In- nomic development by the Tohono O’odham Na- the balance of my time. dian Reservation Lands Replacement Clarifica- tion. tion Act’’. Mr. YOUNG of Alaska. I have no fur- SEC. 3. GAMING CLARIFICATION. ther speakers. SEC. 2. FINDINGS. Section 6(d) of Public Law 99–503 is amended Mr. Speaker, I urge passage of this Congress finds the following: by inserting ‘‘except that no class II or class III legislation. (1) In 1986, Congress passed the Gila Bend In- gaming activities, as defined in section 4 of the And I misspoke a moment ago. Con- dian Reservation Lands Replacement Act, Pub- Indian Gaming Regulatory Act (25 U.S.C. 2703), gressman COLLIN PETERSON has been lic Law 99–503, 100 Stat. 1798, to authorize the may be conducted on such land if such land is fighting this battle for years and years, Tohono O’odham Nation to purchase up to 9,880 located north of latitude 33 degrees, 4 minutes acres of replacement lands in exchange for and I’m glad to finally see that he has north’’ after ‘‘shall be deemed to be a Federal granting all right, title and interest to the Gila Indian Reservation for all purposes’’. succeeded. He is the prime sponsor of Bend Indian Reservation to the United States. SEC. 4. NO EFFECT. this legislation, along with Mr. (2) The intent of the Gila Bend Indian Res- The limitation on gaming set forth in the CRAVAACK and Mr. PAULSEN. So we’re ervation Lands Replacement Act was to replace amendment made by section 3 shall have no ef- primarily agriculture land that the Tohono on the right track. And I want to con- fect on any interpretation, determination, or de- O’odham Nation was no longer able to use due gratulate you. Perseverance overcomes cision to be made by any court, administrative to flooding by Federal dam projects. many things, and you persevered this agency or department, or other body as to (3) In 1988, Congress passed the Indian Gam- time. whether any lands located south of latitude 33 ing Regulatory Act, which restricted the ability With that, I yield back the balance of degrees, 4 minutes north taken into trust pursu- of Indian tribes to conduct gaming activities on ant to this Act qualify as lands taken into trust my time, and I urge the passage of this lands acquired after the date of enactment of as part of a settlement of a land claim for pur- legislation. the Act. poses of title 25 U.S.C. 2719(b). Ms. RICHARDSON. Mr. Speaker, I rise (4) Since 1986, the Tohono O’odham Nation today in support of H.R. 1272, Minnesota has purchased more than 16,000 acres of land. The SPEAKER pro tempore. Pursu- Chippewa Tribe Judgment Fund Distribution The Tohono O’odham Nation does not currently ant to the rule, the gentleman from Act of 2012. As a Member of the Native Amer- game on any lands acquired pursuant to the Alaska (Mr. YOUNG) and the gentleman ican Caucus, I have worked with my col- Gila Bend Indian Reservation Lands Replace- from New Mexico (Mr. LUJA´ N) each will leagues in Congress to address the needs of ment Act. control 20 minutes. (5) Beginning in 2003, the Tohono O’odham Native Americans. The Chair recognizes the gentleman Nation began taking steps to purchase approxi- from Alaska. This legislation authorizes the Secretary of mately 134.88 acres of land near 91st and North- the Interior to reimburse the Minnesota Chip- ern Avenue in Maricopa County, within the GENERAL LEAVE pewa Tribe for the amount, plus interest, that City of Glendale (160 miles from the Indian Mr. YOUNG of Alaska. I ask unani- the Tribe contributed for the payment of attor- tribe’s headquarters in Sells). The Tohono mous consent that all Members may neys’ fees and litigation expenses associated O’odham Nation is now trying to have these have 5 legislative days to revise and ex- with the litigation of Docket No. 19 and No. lands taken into trust status by the Secretary of tend their remarks and include extra- 188 before the U.S. Court of Federal Claims the Interior pursuant to the Gila Bend Indian neous material on the bill under con- and the distribution of judgment funds. Reservation Lands Replacement Act of 1986 sideration. This legislation before us today is not a (‘‘Gila Bend Act’’), and has asked the Secretary to declare these lands eligible for gaming, there- The SPEAKER pro tempore. Is there handout, but a guarantee that directs the fair by allowing the Indian tribe to conduct Las objection to the request of the gen- distribution of funds to a claim awarded to Na- Vegas style gaming on the lands. The Secretary tleman from Alaska? tive Americans by the United States Court of has issued an opinion stating that he has the There was no objection. Federal Claims; these funds have been held in authority to take approximately 53.54 acres of Mr. YOUNG of Alaska. At this time, trust since June 22, 1999. these lands into trust status, and plans to do so I yield 5 minutes to the author of the Mr. Speaker, by today’s end four Native when legally able to do so. bill, Congressman FRANKS from Ari- American bills will have passed. I hope that (6) The State of Arizona, City of Glendale, zona. these are not the last. While we can’t undo the and at least 12 Indian tribes in Arizona oppose Mr. FRANKS of Arizona. Mr. Speak- the Tohono O’odham Nation gaming on these er, I want to thank Chairman YOUNG damage that the Federal Government inflicted lands. No Indian tribe supports the Tohono on black farmers and Native Americans, today O’odham Nation’s efforts to conduct gaming on and Chairman HASTINGS and the House we will help compensate them for their losses these lands. leadership for bringing this bill to the and ensure that this never happens again. I (7) The Tohono O’odham Nation’s proposed floor today, as well as the bipartisan urge my colleagues to continue supporting Na- casino violates existing Tribal-State gaming group of cosponsors for their support. tive Americans. compacts and State law, Proposition 202, agreed Mr. Speaker, H.R. 2938, the Gila Bend The SPEAKER pro tempore. The to by all Arizona Indian tribes, which effec- Indian Reservation Lands Replacement question is on the motion offered by tively limits the number of tribal gaming facili- Clarification Act, seeks to prevent Las the gentleman from Alaska (Mr. ties in the Phoenix metropolitan area to seven, Vegas-style casino gambling in the which is the current number of facilities oper- YOUNG) that the House suspend the ating. Phoenix metropolitan area on lands rules and pass the bill, H.R. 1272, as (8) The Tohono O’odham casino proposal will purchased by the Tohono O’odham Na- amended. not generate sales taxes as the State Gaming tion. The question was taken; and (two- Compact specifically prohibits the imposition of Mr. Speaker, the Tohono O’odham thirds being in the affirmative) the any taxes, fees, charges, or assessments. Nation has tried to manipulate the

VerDate Mar 15 2010 03:04 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.042 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3726 CONGRESSIONAL RECORD — HOUSE June 18, 2012 Gila Bend Indian Reservation Lands city of Glendale—keep in mind the sur- By violating an existing settlement, Replacement Clarification Act of 1986 rounding areas would not benefit from this legislation will create new liabil- to acquire lands for gambling which the normal sales taxes, bed taxes, and ities for the Federal Government, as are more than 100 miles from the property taxes because the casino, taxpayers will have to provide more Tohono O’odham’s existing reserva- being on tribal land, would be exempt compensation to the nation as a result tion. This ‘‘reservation shopping’’ for from all three. Meanwhile, Glendale es- of prohibiting the purchase of replace- casino gambling purposes is contrary timates an added cost of $3.6 million ment lands, as provided in the original to the express and public commitments per year just for the additional cost of settlement act. that the Tohono O’odham made be- public safety services necessary to such Enactment of this legislation would tween 2000 and 2002 to the other 16 In- a large operation. Of course, it should also set a dangerous precedent in which dian tribes in Arizona, the State, and always be remembered, Mr. Speaker, Congress could unilaterally alter the the voters of Arizona when it openly that casino revenues are primarily terms of a Federal settlement years and definitively supported passage of comprised of gambling losses that later. If this is the case that would stop Proposition 202, a State referendum to would otherwise have found their way Congress from revisiting any settle- limit casino gambling in the Phoenix into the economy in more productive ments over the years, then all settle- metropolitan area. sectors. ments are open for review. Indeed, while the Tohono O’odham Mr. Speaker, my bill would not seek H.R. 2938 is job-killing special inter- was in negotiations with the other to take any lands away from Tohono est legislation. The primary advocates tribes to craft a gaming compact O’odham. Consistent with the intent of for this legislation are wealthy gaming agreement, they were simultaneously the Indian Gaming Regulatory Act, my entities, tribal entities trying to pro- in the process of covertly purchasing bill merely prevents the Tohono tect their monopoly on a gaming mar- attractive land in the Phoenix metro- O’odham from building a gambling ca- ket. If they get their way, they will politan area for casino gambling pur- sino on certain lands, as it previously prevent the Tohono O’odham Nation chases. Thus, the bipartisan cosponsors agreed it would never do. from creating thousands of new jobs, of H.R. 2938 are simply trying to keep I respectfully ask my colleagues to permanent and construction. the Tohono O’odham Nation to its pub- join me and the members of Arizona’s It reneges on the United States’ licly stated commitment not to engage delegation in supporting this bill. promise to replace the reservation lost, in casino gambling in the Phoenix met- Mr. LUJA´ N. Mr. Speaker, I yield 10 and it vastly diminishes the Tohono ropolitan area. minutes to the gentleman from Ari- O’odham settlement by imposing new Mr. Speaker, during the sub- zona (Mr. GRIJALVA). restrictions on the land replacement committee hearing on this bill, wit- Mr. GRIJALVA. Let me thank my provided for in the 1986 settlement. nesses made it clear that there is a good friend, Mr. LUJA´ N from New Mex- It creates new liabilities for the problem and a serious threat to exist- ico, for his time. United States. If this were to become ing gaming structure in Arizona if the H.R. 2938 is named the Gila Bend In- law, H.R. 2938, it will breach the settle- Tohono O’odham Nation is able to de- dian Reservation Lands Replacement ment act, and it will leave the United velop a Las Vegas-style casino in the Clarification Act. However, do not be States liable for untold millions of dol- Phoenix metropolitan area. misled by this bill’s benign sounding lars in land and taking claims for the The passage of H.R. 2938 will prevent title. It does not aim to clarify any- land and water rights that the nation an ominous precedent that could lead thing. Rather, it seeks to unilaterally relinquished under the original settle- to an expansion of off-reservation casi- abrogate an Indian land claim and ment act. nos and dangerous changes to the com- water rights settlement, and it would And it undermines ongoing litiga- plexion of tribal gaming in the other also interfere with pending litigation tion. The same interests that support States across the country in which In- in Federal court. H.R. 2938 have brought various lawsuits dian tribes can use front companies to In 1986, the United States enacted to stop the nation from exercising its buy up land and declare it part of their Federal legislation specific to this rights. But so far, both State and Fed- sovereign reservation for gaming pur- tribe and this situation. The Gila Bend eral courts have fully upheld the poses. Indian Reservation Lands Replacement Tohono O’odham Nation’s rights. The Additionally, Mr. Speaker, even if Clarification Act, Public Law 99–503, proponents of H.R. 2938 want Congress the casino weren’t in violation of Fed- was to implement a settlement reached to change the law in order to legislate eral law—which it is—but if it weren’t, between the United States and the a victory that they cannot get through claims that the operation would create Tohono O’odham Nation. In this settle- legislation. jobs and benefit the economy of the ment, the nation released claims In addition, misinformation, distor- surrounding area are woefully mis- against the United States for flooding tion, and outright lies have been spread informed at best and shamefully dis- and loss of its land, as well as water through congressional offices by a honest at worst. The most frequently rights of 36,000 acre feet per year. In ex- major lobbying firm in D.C. in the em- cited job creation numbers that have change for releasing the claims, Con- ployment of a gaming entity that is op- been thrown about during this debate gress guaranteed, via statute, that the posed to the original law and is pro- come almost without exception from a nation could obtain replacement res- moting this law. study commissioned by the Tohono ervation lands within three counties This has nothing to do with ‘‘reserva- O’odham tribe themselves. The study without restriction as to the use of tion shopping.’’ In no way would de- was conducted by the Spectrum Gam- that land. feating this bill allow tribes to start ing Group. Tellingly, multiple organi- buying up plots of land outside of, say, zations asked the tribe to release the b 1920 New York City and open up casinos. data and the methodology supporting H.R. 2938 seeks to renege on Con- The original act was specific only to this so-called ‘‘study,’’ which was re- gress’ solemn promise and change the the Tohono O’odham. The replacement leased roughly 3 years ago. To this day, material terms of the settlement; this land could be only purchased in one of the tribe continuously to steadfastly while Congress contemplates in a very three Arizona counties. In fact, the refuse. In other words, the tribes re- real way breaking its word to Indian land in question is in the exact same leased a slew of numbers extolling the Country one more time. The legislation county, Maricopa, where the flooded supposed amazing economic benefits of will reopen and change the terms of a land of Gila Bend reservation was lo- their casino, then refused to tell any- 1986 bipartisan land settlement au- cated. body how they came up with the num- thored by Congressman Mo Udall, then- So I think it’s time to stop this. This bers. Congressman JOHN MCCAIN, then-Sen- land was purchased legally by the Far from economically benefiting the ator Dennis DeConcini, and then-Sen- Tohono O’odham Nation, all in accord- West Valley, one recent well docu- ator Barry Goldwater that com- ance with the Gila Bend Reservation mented study found that casino oper- pensated the Tohono O’odham Nation Land Replacement Act, to replace res- ations would ultimately provide for 10,000 acres of land destroyed by the ervation land the U.S. Government $172,500 of revenue annually for the Army Corps of Engineers in the 1950s. flooded and destroyed, to be used by

VerDate Mar 15 2010 03:04 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.044 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3727 the nation at their discretion for eco- The passage of H.R. 2938 would not af- Mr. YOUNG of Alaska. Mr. Speaker, I nomic development. The innuendo of fect the State adjudication of water reserve the balance of my time. I have reservation shopping or the idea that rights. Any claims to water rights one more speaker. its defeat will cause rampant reserva- based on aboriginal occupancy that Mr. LUJA´ N. I yield 3 minutes to the tion shopping is absurd, and it needs to Tohono might have claimed were also gentleman from California (Mr. stop. waived in the tribe’s separate water MCCLINTOCK). I also want to address the idea that rights settlement, an act that provided Mr. MCCLINTOCK. I thank the gen- compact guaranteed no new casinos in for a complete and total waiver of all tleman for yielding. the Phoenix area. If this was the case, such water rights in exchange for sub- Mr. Speaker, the gentleman from Ar- the only casinos that would exist in stantial consideration and payments. izona (Mr. GRIJALVA) stated the facts the Phoenix area are the ones that Last fall, the Department of the Inte- very clearly. In the 1950s, the Federal were in existence in 2003. But lo and be- rior testified on this bill, and water Government condemned and seized hold, the very tribes supporting this rights were not mentioned. The com- land and water rights owned by the legislation have built two additional mittee resolved any concerns during Tohono O’odham Indian Nation. In casinos since then. In fact, one of these the markup of the bill. 1986, Congress settled the tribe’s out- tribes is about to break ground on a Today’s debate is not about jobs or standing claims by agreeing, in part, to new $135 million Las Vegas-style casino Native American water rights. It is take into trust replacement land that and hotel right outside of southwest about protecting the integrity of Arizo- the Tohono O’odham might acquire Phoenix. na’s gaming compact and preventing a under specific conditions. The tribe has And, finally, let’s stop the lies about dangerous precedent that could lead to acquired a particular parcel meeting the administration being ‘‘neutral’’ on the expansion of off-reservation casi- all of the conditions set forth in the this bill. They have testified against it. nos in other States. law and asserted its rightful claim I have spoken to them. Their position I urge my colleagues to vote ‘‘yes’’ under that law. This bill retroactively hasn’t changed, and the administration on H.R. 2938. and fundamentally alters that settle- ´ does not support this legislation. Mr. LUJAN. Mr. Speaker, I yield 3 ment, breaking the promises the This legislation is causing disparate minutes to the gentleman from Massa- Tohono O’odham have relied upon as treatment of one tribe for the sake of chusetts (Mr. MARKEY). they’ve spent many years and millions protecting a market. The market Mr. MARKEY. I thank the gentleman of dollars acquiring this parcel and should be competitive. This is not a from New Mexico. planning the project. H.R. 2938 should not have been violation of the Arizona Gaming Com- Now, why in the world would we want brought to the House floor under sus- pact, but it is an abrogation of a law to do such a thing? Well, it’s obvious. pension of the rules. This legislation this Congress passed in 1986 that is now Like many tribes, the Tohono O’odham doesn’t name a post office or authorize being changed due to the whims of want to build a casino on this land. a park study. H.R. 2938, instead, is a those afraid of a competitive market. This casino would compete with an- highly controversial piece of legisla- I thank the gentleman from New other tribe’s casino in the region, and tion that will amend a settlement Mexico for yielding. that tribe doesn’t want the competi- Mr. YOUNG of Alaska. I yield 3 min- agreement between the United States tion. Competition is so annoying and utes to the gentleman from Arizona and an Indian tribe, impose restric- inconvenient. It requires offering your (Mr. GOSAR). tions on a tribe’s authority to use its Mr. GOSAR. Mr. Speaker, I rise in own land, and circumvent years of Fed- customers a better service at a lower price. Tohono O’odham seeks to do support of my friend TRENT FRANKS’ eral and State court rulings. legislation, H.R. 2938. During consideration by the Natural that. The other tribe doesn’t want to. Ten years ago, stakeholders from Resources Committee, members from So that other tribe, which has a mo- across the State of Arizona gathered both sides of the aisle expressed con- nopoly on gaming in the Phoenix area, together to come up with a 21st-cen- cern with this measure. House Mem- created a front made up of tury plan to manage gaming activity. bers have heard from tribes across the antigambling pressure groups and As part of that final agreement, many country, Arizona State legislators, NIMBY activists to try and stop them. tribes agreed to forgo building a casino local mayors, small business owners, They have been defeated in the courts to share revenues as a whole. Gaming and community leaders on both sides of at every turn. So what to do? What to revenues were set aside for education, this issue. The number of stakeholders do? They don’t want to compete for health care, and other measures to im- with strong feelings on both sides of customers. They don’t have a leg to prove the lives of average tribal mem- this issue is plain evidence that the bill stand on in court. What is left? Well, of bers. does not belong on suspension. course. Get Congress to break its prom- The key part of that compact was a ise, which is why we’re all here to- tribal agreement that no new addi- b 1930 night. tional casinos would be permitted in So we’re here tonight, and the impli- Let’s be very clear about what pass- the Phoenix metropolitan area. The cations for local, regional, and national ing this bill would mean. Many in this Tohono O’odham Nation agreed to gaming industry precedents are quite House have widely criticized the Presi- those terms; but as they agreed to one significant. We should only bring sus- dent for killing thousands of jobs to thing publicly, they were preparing pri- pension-worthy bills out here on the satisfy his ideological opposition to the vately to undermine the entire agree- floor. I say that because Mr. GRIJALVA Keystone pipeline. Well, this bill does ment. The tribe has since acquired land from Arizona, whose tribal constitu- exactly the same thing. It kills 6,000 in Glendale and has made it clear they ents are the sole target of this legisla- construction jobs and 3,000 permanent, intend to break their agreement and tion, is being denied this opportunity ongoing service jobs by blocking this establish a casino on that land. This and, therefore, any chance to address project on ideological grounds. But the legislation ensures the Tohono his constituents’ needs. And I think damage only begins there. Federal tax- O’odham Nation must keep the promise that since it does affect his district, his payers will become liable for hundreds they made in 2002 to the other tribes, tribe, he’s on the Natural Resources of millions of dollars of economic dam- the State, and our constituents. Committee, he deserves the right to be ages to compensate the Tohono Additionally, the small, but vocal, able to make amendments that can im- O’odham for lost profits, for the de- opposition to this legislation claims prove this legislation, and he is not valuation of their property, and for the bill before us seeks to unilaterally going to be allowed to do that. years of planning suddenly rendered nullify an Indian water rights settle- So that is my view on this bill, that worthless by this act. ment. I assure my House colleagues it’s under the wrong process. Suspen- So what’s the balance sheet here? On that statement is false. Water rights sions are really meant for bills that do the plus side, we satisfy the ideological associated with the Gila Bend reserva- not bring the level of complexity and itch of antigaming busybodies and tion were settled in the Arizona Water the level of controversy that a bill like antigrowth zealots, and we protect a Rights Settlement Act of 2004, not the this brings to the House floor, and as a gambling monopoly in Phoenix from Gila Bend Act. result, I urge a ‘‘no’’ vote. any competition. On the minus side, we

VerDate Mar 15 2010 03:04 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.045 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3728 CONGRESSIONAL RECORD — HOUSE June 18, 2012 destroy 6,000 construction jobs, 3,000 gether. Heaven forbid what you’re Congress makes laws, and Congress can service jobs, and we open our constitu- going to do to these communities, par- remake laws. Lawsuits, that’s a scare ents to hundreds of millions of dollars ticularly the rural ones that get some tactic. They can sue all they want. One of damages that we are certain to lose of the sharing, if we blow up the com- of the problems we have in America in court. pacts through my State. today is we have too many lawyers, so I would suggest that this bill ought Mr. YOUNG of Alaska. Mr. Speaker, you can sue anything and anybody, to be laughed off the floor, but there’s does the gentleman have any more anytime, anywhere. nothing in it to laugh about. speakers? This is a battle about a State and a Mr. YOUNG of Alaska. Mr. Speaker, I Mr. LUJA´ N. Mr. Speaker, yes, I do. large group of American Natives that yield 3 minutes to the gentleman from Mr. YOUNG of Alaska. I reserve the reached an agreement. Mr. GOSAR said balance of my time. Arizona (Mr. SCHWEIKERT). ´ this very clearly. He was there, and Mr. SCHWEIKERT. Thank you, Mr. Mr. LUJAN. I yield such time as he they reached an agreement and they Chairman. may consume to the gentleman from are signatories. We had a hearing on Mr. Speaker, I come to this with a Arizona (Mr. GRIJALVA). this legislation. We had a quite inten- somewhat unique view, because I was Mr. GRIJALVA. Thank you, Mr. ´ sive hearing, and that was brought up. actually there 19 years ago as the ma- LUJAN. Just, I think, important points to And, of course, they can cite all the ar- jority whip in the Arizona State House clarify. One is that the Tohono guments they want, but they also un- when this was originally being nego- O’odham Nation’s proposed gaming fa- derstand that when a State is involved tiated. I sat in the room hour after cility in this land that was authorized under Native gaming laws, which I and hour after hour for months with many by Congress would violate its tribal- Mr. Udall sponsored, the State had to of these Native American communities State gaming compact, or Prop 202. be directly involved; otherwise, you and these very discussions about what The Department of the Interior has wouldn’t have gambling anyplace in would happen in this type of scenario spoken clearly on this issue and con- Arizona because the State would not and assurances that were given to firmed in section 3(j) of the tribal- have agreed to that if there hadn’t those of us who were in the legislature State gaming compact clearly allows been an agreement between all of the who were having to make the decision the nation to develop a gaming facility tribes, there would be no more than that this would never happen. on the land. Nothing in Proposition 202 was established in the compact. And I And I’ve listened to a little bit of this think we have to consider the State’s testimony, even from my good friend would disallow the nation from gaming in the Phoenix metropolitan area, as belief in this because that does affect here from California, and the facts the State. They probably wouldn’t don’t line up. First off, in the gaming the other five to six casinos show that there were gentlemen’s agreements for have any gambling at all. agreements, in the compacts, there’s This money from those five existing the language about the distance from no additional casinos in Phoenix. Well, there was no such side deal. casinos is shared, even by the tribe re- the base aboriginal territories and how The line of argument is, I think, an questing this casino outside their terri- far things could move away from that. after-the-fact rationalization for a po- tory where they have their own casi- This is outside that. The jobs numbers sition that is entirely unsupported by nos, they want it in the Phoenix area, are an absolute fantasy for the con- the letter of the law. The compact has and we all know that. This is about struction. And I think Mr. FRANKS ac- stated all elements of tribal-State money. There’s no doubt about that. tually went over that in his discussion gaming agreements must be embodied But what concerns me the most is the earlier. in the compact and must be approved compact. When I listen to this, when But why do I stand here so passion- by the Department of the Interior. you make an agreement and you’re a ately supporting TRENT’s bill? If this I think that we have to look at what tribe and you agree to something, don’t happens, it’s going to destroy the na- has not been said. The United States’ try to go around and change that later ture of my State because, understand, breach, if this becomes law, will void on by asking some lawyers. We talk the compacts go kaboom, the cascade the nation’s release of its original land about finances and where the finances begins. And this isn’t just for Arizona. claims and open the United States to a are coming from. We can find that out, It will be all over the country. I prom- liability that was valued at $100 mil- too, later on. ise you, in a few years you will wake lion in 1986 dollars. The breach will So with the understanding that this up and my State will be a statewide also open the portion of the nation’s is an Arizona battle, but as chairman, gaming State. And then when this be- original water claims settlement. This I have to listen to both sides, and right comes precedent, understand, all your settlement is key to the negotiations now I come down on the side that Ari- States are now in play. going on now with the Salt River zona, the State of, has an agreement, This is more than just us having a Project, the Central Arizona Water and we ought to live by it. dispute with the Tohono O’odhams. Conservation District, the State of Ari- I yield back the balance of my time. That isn’t what this is about. This is zona, the Maricopa-Stanfield Water Mr. BACA. Mr. Speaker, I rise in support of about keeping the promises that were District, and the Central Arizona Irri- H.R. 2938, the Gila Bend Indian Reservation made for many of us who were embat- gation District, all affecting the very Lands Replacement Clarification Act. tled in building these compacts years precious commodity in Arizona, which I support this important legislation because ago. is water. I believe we should all be bound by the agree- Let’s have everyone keep their prom- So at the expense of those liabilities, ments we make. ise, and let’s keep the deal we made. that breach could cause not only the In the late 1990s, Arizona tribes’ gaming Mr. YOUNG of Alaska. Will the gen- State of Arizona, but the United States ventures were being threatened by litigation tleman yield for a moment? If he taxpayer, millions and millions of dol- and anti-Indian gaming interests. doesn’t have the time, I will yield him lars and loss in settlements that are so As a response, a number of tribes formed a additional time. vitally needs around the water issues coalition to create a joint negotiating position Does the tribe in question have a ca- affecting Arizona and the West. before entering into tribal compact discussions sino on their own property? Mr. LUJA´ N. Mr. Speaker, I yield with state officials. Mr. SCHWEIKERT. Oh, yes. I think back the balance of my time. One of these tribes was the Tonoho they have multiple casinos. O’odham Nation. There’s another fact that bounced up b 1940 Following this agreement, proposition 202 here, Mr. Speaker. There’s actually, I Mr. YOUNG of Alaska. Mr. Speaker, I was passed, limiting Phoenix area casinos to think, one, two, three, four, five casi- can say that this is somewhat difficult seven. nos in the urban area by, I think, three for me because I have a rule about laws Through all this time, the Tonoho O’odham different Native American commu- that are being passed in Members’ dis- Nation never expressed any hesitation to the nities. This isn’t about defending one tricts, and I usually support. Mr. agreement they signed with other tribes or tribe versus another. This is about FRANKS represents that district. Proposition 202, until now. there’s 21 tribes in Arizona and the And I will say, Mr. GRIJALVA has I ask my colleagues to support this impor- agreements that have been put to- made some statements. I would suggest tant measure because it upholds the good

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Mr. HOYER has joined me in I urge my colleagues to vote ‘‘yes’’ on this Colonel John Brow, pilots, were being clearing the names of these two pilots, important bill. blamed for the accident. Nineteen ma- and I want to thank him again for that. The SPEAKER pro tempore. The rines that night were killed. And again, In addition, Congressman NORM question is on the motion offered by 10 years ago I was contacted by Mrs. DICKS from the State of Washington, the gentleman from Alaska (Mr. Gruber, who lives in Jacksonville, who will be leaving this year, has heard YOUNG) that the House suspend the North Carolina, which is the home of me speak on the floor about this acci- rules and pass the bill, H.R. 2938, as Camp Lejeune Marine Base. dent, and he also wants to join in clear- amended. Mr. Speaker, I have, for the House, a ing the names of these two pilots. The question was taken. photograph of the V–22 Osprey that Mr. Speaker, I also want to thank at- The SPEAKER pro tempore. In the many people might have forgotten. In torney Jim Furman in Texas. Attorney opinion of the Chair, two-thirds being the year 2000, it was a plane going Jim Furman represented Connie through a lot of trouble, meaning from in the affirmative, the ayes have it. Gruber and Trish Brow in the lawsuit the standpoint of testing, standpoint of Mr. GRIJALVA. Mr. Speaker, on that against Bell-Boeing. In addition, Brian records being changed, and the stand- I demand the yeas and nays. Alexander and his associate, Francis point that the Secretary of Defense at The yeas and nays were ordered. Young, were the attorneys for the 17 the time, Dick Cheney, wanted to scrap The SPEAKER pro tempore. Pursu- Marine families. So those two attor- the program. But the Marine Corps was neys, Jim Furman and Brian Alex- ant to clause 8 of rule XX, further pro- saying that they had to have the MV– ander, have joined me in clearing the ceedings on this question will be post- 22. And again, Mr. Speaker, for you to names of John Brow and Brooks poned. know, this is the plane that goes from Gruber. f a helicopter mode to an airplane mode, Mr. Speaker, I must state that they that the nacelles will go from this way CRISIS IN SYRIA won their case against Bell-Boeing. to a plane mode. I have this beside me The amount of money allotted to the (Ms. JACKSON LEE of Texas asked so that people can see the V–22. The families has been secured, so therefore and was given permission to address pilot was Colonel John Brow. He’s pic- no one knows except the families; but the House for 1 minute.) tured immediately on my left, and the it tells me a whole lot when a manufac- Ms. JACKSON LEE of Texas. Mr. copilot to the poster’s left was Major Speaker, the crisis in Syria is getting Brooks Gruber. turing company decides that they worse and worse and worse. I join with Connie Gruber wrote me a letter. It’s would rather settle out of court than the United Nations, but I ask that the a full page, Mr. Speaker, and I would take the case to court. Arab League and NATO raise their like to just read what she said, just one Phil Coyle, the Assistant Secretary voices to remove women and children paragraph: of Defense and Director of Operational Test and Evaluation in the Department and the elderly and the disabled and With so many wrongs in the world we can- the sick from this onslaught of vio- not make right, I ask you prayerfully con- of Defense at the time of this accident, lence. sider an injustice that you can make right. I has also joined us in clearing the And I ask the head of Russia, Mr. realize you alone may not be able to amend names of the two pilots. Also, shortly the report, but you can certainly support my after the accident in the year 2002, CBS Putin, does he have a heart? Is he efforts to permanently remove this black going to continue on the basis of ego ‘‘60 Minutes,’’ led by Mike Wallace, mark from my husband’s honorable military who is now deceased, gave the story of and collaboration, determined that he service record. allow the violence against the Syrian what happened and why this plane Mr. Speaker, there was a time when crashed and why the two pilots should people to continue? there was an issue involving the V–22 I ask my Christian friends in Syria, not be seen at fault. that the Marine Corps did not recog- Mr. Speaker, there have been many as well, to join with the world of hu- nize, nor did Bell-Boeing, the manufac- people in this 10-year journey. Local manity to stop the violence against turer of the plane. It’s called vortex press in eastern North Carolina all the women and children. It is time now. ring state, VRS, and it’s where the dif- way to press in Texas have joined us in ONE VOTE, ONE PERSON ferent, the two helicopter nacelles can this effort to say to Connie Gruber and Mr. Speaker, I change to another be impacted in a different way, and Trish Brow and their sons and their topic very quickly and say: one vote, that’s what caused this tragic accident daughter: your husbands were not at one person. The voter ID law doesn’t on April 8, 2000. fault. allow that, and the massive infusion of Mr. Speaker, right after the accident, Why the Marine Corps will not join dollars coming from places that no one the Marine Corps sent three investiga- in this effort I do not understand. All knows, no one has to account for. Let tors—Colonel Mike Morgan, Colonel the Marine Corps has to do is to issue us have the Constitution stand again. Ron Radich, and Major Phil a paragraph that clearly states to Let America have a 2012 election with- Stackhouse—to Arizona to investigate Trish Brow that your husband, John out the infusion of unnamed dollars; this accident, which was very, very dif- Brow, Colonel John Brow, pilot, was ficult for the marines who were given now, $100 million may be coming into not at fault for the accident that oc- the responsibility to find out why this this election from one person. Mr. curred on April 8, 2000, in Marana, Ari- plane crashed and burned. Speaker, the Constitution deserves re- zona. All the Marine Corps has to do is spect—one vote, one person. Mr. Speaker, they came back and completed what was known as the to write a paragraph on the com- f JAGMAN report that was submitted to mandant stationery to Connie Gruber the Marine Corps. The investigators, stating the same thing, except: your CLEARING THE NAMES OF JOHN husband, Major Brooks Gruber, co- BROW AND BROOKS GRUBER this was their findings of what caused the accident. pilot, was not at fault for the accident The SPEAKER pro tempore. Under that happened on April 8, 2000, in the Speaker’s announced policy of Jan- b 1950 Marana, Arizona. uary 5, 2011, the gentleman from North This is what has created the problem Mr. Speaker, you might think—and Carolina (Mr. JONES) is recognized for is that the Marine Corps issued a press maybe some people watching tonight 60 minutes as the designee of the ma- release that I will talk about in just a might think—well, why is this so dif- jority leader. few minutes. And the JAGMAN the ficult? The lawsuits are over, the plane Mr. JONES. Mr. Speaker, I won’t families agreed with. Everything in the is surviving, there’s no threat to the take the entire hour, but this is a 10- JAGMAN they agree with. And I’ll Marine Corps that they’re going to year journey that I have been on since touch on that in just a moment. eliminate the V–22. It is part of their

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And Bell-Boeing had not Cheney was opposed to the V–22 pro- Colonel Morgan, Colonel Radich and done the proper research. Mr. Speaker, gram. He wanted to eliminate the pro- Major Stackhouse, this is what they when I say proper research, after this gram. There were Members in Congress said in the JAGMAN: accident and an additional accident, in both parties that wanted to save the During this investigation, we found noth- Tom MacDonald, a test pilot, spent 700 program. There was a fight going on. ing that we would characterize as neg- hours trying to figure out how the V–22 So when these two Marines crashed, ligence, deliberate pilot error, or mainte- responds to vortex ring state and how and the 17 Marines in the back of the nance/material failure. the pilot should respond to vortex ring plane that died, they sent out this Mr. Speaker, if only the Marine state. In fact, Mr. MacDonald deserved press release that I just made mention Corps, after the JAGMAN report came and he earned from the Test Pilots As- of, and they never had a second press out, would have released a press state- sociation the Kincheloe Award for find- release that would clearly have stated, ment that would have said: After we ing out and figuring out what you do based on the investigation, based on have reviewed this JAGMAN report, it when a plane gets into vortex ring the JAGMAN report that we, the Ma- is now our determination, because of state. rine Corps, have reviewed, and signed the JAGMAN report, that Colonel John Mr. Speaker, these two men would by General McCorkle, that these two Brow and Major Brooks Gruber were not have given their lives and 17 ma- pilots were not at fault. They had not not at fault for this accident. rines in the back of the plane if Bell- been trained. They did not understand Mr. Speaker, at the time of this acci- Boeing had done its job and the Marine vortex ring state. Bell Boeing didn’t do dent, this issue of vortex ring state was Corps had demanded that Bell-Boeing its job. The Marine Corps didn’t de- not fully understood. It was understood understand vortex ring state and how mand that Bell Boeing make this plane safe, and how it would react to vortex in the world of the helicopters, but not it would impact the V–22. in the world of the Osprey. The Marine Mr. Speaker, very quickly—I’m going ring state, and they didn’t understand it. Corps did not understand, nor did Bell- to close in just a few minutes, but I So for 10 years—actually 12 now; the Boeing understand, how the vortex ring wanted to share with the RECORD that state, how these pilots could have re- crash was in 2000—for 10 years there when the JAGMAN said that this was have been many people who have joined acted. Mr. Speaker, in fact, at the time not deliberate pilot error, I wrote to of the accident, the NATOPS manual me in trying to say to the Marine one of the investigators, Lieutenant Corps, you owe these two men. They that was given to the pilots of the V– Colonel Morgan, and I asked him how 22—and this night given to Colonel deserve and their families deserve a and why did you use the words ‘‘delib- letter from the Marine Corps stating John Brow and Major Brooks Gruber— erate pilot error’’ in the JAGMAN re- the NATOPS manual had absolutely that they were not at fault for this ac- port. Again, the families, we accept the cident. nothing about the vortex ring state. It JAGMAN report; but I did not quite Mr. Speaker, again, all I can say, and had one sentence. Since that time, the understand, I’m not a pilot, not a ma- I will continue to say to the Marine NATOPS manual for the Marine Corps rine, never served, but I wanted to un- Corps, you have the utmost respect of and the Navy and the Air Force, Mr. derstand why. And I’d like to read this the American people. They have great Speaker, is six pages about vortex ring for the RECORD. respect for the history of the Marine state and how you react to vortex ring b 2000 Corps and what the Marine Corps has state. done for our country in all the wars, Mr. Speaker, there are warning sys- Colonel Morgan stated, and these are just like the other services. tems in the cockpit of the V–22 now his words: But in this case we’re talking about that these two Marines never saw, My personal feeling and opinion, supported the Marine Corps. And all the families never had, never understood, never by my interview with the lead flight crew, is want is one paragraph that clearly knew about. But since that accident, that the mishap aircraft had no idea they had exceeded any flight parameters. states that Colonel John Brow, pilot, Mr. Speaker, they now have a warning was not at fault for the accident that system that tells the pilots that you’re Mr. Speaker, the pilots had no idea occurred on April 8, 2000, in Marana, in trouble, you’re in trouble. They even they had exceeded any flight param- Arizona. All Connie Gruber wants is have in the helmets they wear a voice eters. They were merely trying to re- the same letter, but with her husband’s of a woman saying ‘‘sink, sink, sink,’’ main in position on a flight lead trying name. This is to certify that copilot meaning you have to react to the sink- to salvage a bad approach. Brooks Gruber, Major Brooks Gruber, ing of the ship, this plane. Mr. Speaker, the bad approach was was not at fault for the accident that Mr. Speaker, that’s why tonight and by the lead plane. This was the second occurred on April 8, 2000, in Marana, once a month I’m coming down on the plane. Arizona. floor to talk about the fact that these And, again, he said, the pilots had no Mr. Speaker, this is a journey that I marines have every right to rest in idea they had exceeded any flight pa- will not stop till we clear the names of peace. One’s buried in Arlington Ceme- rameters. these two pilots. The facts are on our tery; that’s Colonel John Brow. And Mr. Speaker, as I said just a moment side. There’s so much more that I could the other, Major Brooks Gruber, is bur- ago, they now have warning systems, say tonight. I have volumes, Mr. ied in the veterans cemetery down in and if the pilots today had exceeded Speaker. I have the tape that Jim Jacksonville, North Carolina, where any flight parameters, there would be a Furman presented in the lawsuit case. his wife lives. warning system going off, and the I have a copy of that, given to me by Mr. Speaker, I also want to thank plane would not crash and 19 Marines Jim Furman. I’ve seen it all. WTVD of Durham. They’re bringing a would not burn to death. I’ve seen the tape from Mike Wallace film crew up tomorrow to interview Mr. Speaker, again, I want to thank and ‘‘60 Minutes.’’ I’ve talked to Jim Trish Brow and one of her sons. They Congressman STENY HOYER for joining Shaffer, Colonel Shaffer, now retired. will meet Mrs. Brow over at Arlington in this effort to clear the names of He was in the air. There were four Cemetery. This is why it does not these two Marines. I want to thank the planes flying that night, and he was in make any sense why the Marine Corps families, Trish Brow and her two boys, the air. These were his buddies, John will not issue a public statement in a and Connie Gruber and her little girl, Brow and Brooks Gruber. He saw the paragraph to the two wives saying: Brooks, for continuing to say some- plane crash. He’s joined us in this ef- after this many years and all the facts body’s got to clear the names of these fort to clear the names of Colonel John and all the testing and everything that two men. Brow and Major Brooks Gruber.

VerDate Mar 15 2010 03:04 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.051 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE June 18, 2012 CONGRESSIONAL RECORD — HOUSE H3731 I want to thank Chairman BUCK rected. For any publication that reflects the Mr. Speaker, with that, I want to MCKEON and Ranking Member ADAM mishap was a result of pilot error, it should thank you and the staff. You stayed SMITH. They allowed language to be in be corrected and recanted. here tonight to give me this chance to the NDAA bill that basically says they Mr. Speaker, I’ve had the privilege share my concern, my heart. hope that the Marine Corps will work and the pleasure to meet Major Brooks I will ask God to please touch the to clear the names of these two pilots. Gruber’s daddy and mom. They live in hearts of those in the United States And, Mr. Speaker, I want to thank Florida. One time after the accident Marine Corps, to look at the face of the press that has taken on this effort they came to Jacksonville, North Caro- Colonel John Brow, pilot, and at the also. Voltaire said, and I quote Vol- lina, and Connie Gruber invited me to face of Major Brooks Gruber, co-pilot, taire, We owe the living our respect. the First Baptist Church of Jackson- and call on the Marine Corps to write We owe the dead the truth. And that’s ville. And it’s one of those falls where the letters to the families and to pub- all this effort has ever been about is they have reunions. And I never will licly say that the JAGMAN report has trying to call on the Marine Corps, who forget, after the church service, Connie cleared these two pilots’ names and the American people respect, I respect, said, I want you to meet my father-in- that we, the Marine Corps, could have to issue the letter to Trish Brow and law. 8 years ago issued a press release to the Connie Gruber. b 2010 Nation saying that these two pilots Mr. Speaker, all the lawsuits are were not at fault. over, and I look at this letter from I went out and met Mr. Gruber. Mr. Had they done that, I would not be on Mike Morgan, and I don’t read it be- Speaker. He was a marine who fought the floor tonight. cause the first sentence is about me. for this country in Korea. We were in Mr. Speaker, I close, as I always do, But it says: the vestibule of the First Baptist from the bottom of my heart for all of I applaud and fully support the extraor- Church in Jacksonville. those fighting in Afghanistan: God, dinary effort you have undertaken in support He said, I want to shake your hand. please bless the families of our men of John Brow and Brooks Gruber and the With tears in his eyes, he said, Con- and women in uniform. Please, God, families who lost loved ones in the tragic gressman, I cannot thank you enough bless those who are serving our Nation. crash of Nighthawk 72. for trying to clear my son’s name. Those who have lost loved ones in Af- Let me read just a couple more, and Mr. Speaker, I’ve stayed in touch ghanistan and Iraq, hold them in your then I’m going to close, Mr. Speaker. with Mr. Gruber from time to time to arms, dear God. Give them comfort. This is from Phil Stackhouse. Again, let him know we’re making progress. God, please bless the House and Sen- this is one of the three investigators. No, we’re not there yet, but we keep ate that we will do what is right in the He said: beating this drum, the drum saying, eyes of God. Please bless President I do not believe that it would be a surprise Clear their names; clear their names; Obama that he will do what is right in to anyone that it is my opinion the mishap clear their names. the eyes of God for God’s people. was not a result of pilot error, but was the I called Trish Brow last week to tell result of a perfect storm of circumstances. And three times I will say in closing: her that WTVD wanted to come up and God, please, God, please, God, please, Mr. Speaker, that’s what I’m talking interview her about the accident. It continue to bless America. about. They did not understand vortex happened to be a tough day, Mr. Speak- I yield back the balance of my time. ring state. The manufacturer didn’t un- er, because her father-in-law, who is 80 derstand it. The Marine Corps didn’t years old, was having surgery. I am f understand it, so they couldn’t train pleased to report that the surgery went LEAVE OF ABSENCE the pilots to understand it. That’s what well. By unanimous consent, leave of ab- Major Stackhouse meant by a perfect I want Mr. Brow, Sr., and his family sence was granted to: storm of circumstances. and I want Mr. Gruber, Sr., and his Mr. GRIFFIN of Arkansas (at the re- During the conduct of this investiga- family to see the letter that we are quest of Mr. CANTOR) for today on ac- tion, we collected some 20 binders of asking the Marine Corps to send to the count of illness. evidence, including, among other two wives. Both men are in their Mr. SCHILLING (at the request of Mr. things, maintenance records, training eighties. CANTOR) for today on account of at- records, telemetry records, operational I will read it one more time before tending the visitation of a fallen sol- and testing records, and dozens of pho- closing: dier. tographs. He further states this in- For any record that reflects the mishap cludes, for example, compressed testing was a result of pilot error, it should be cor- f and evaluation created by deadlines, rected. For any publication that reflects the ADJOURNMENT funding, and maintenance. mishap was a result of pilot error, it should Mr. Speaker, that’s what he’s talking be corrected and recanted. Mr. JONES. Mr. Speaker, I move that about—at that particular time, when The three investigators—Colonel the House do now adjourn. this plane was up and going to Arizona, Mike Morgan, Colonel Ron Radich, The motion was agreed to; accord- they were cutting programs to test the Major Phil Stackhouse—have all writ- ingly (at 8 o’clock and 15 minutes plane. You had Secretary of Defense ten me letters and have said the same p.m.), under its previous order, the Dick Cheney trying to kill the pro- thing, that our JAGMAN report says House adjourned until tomorrow, Tues- gram. They did everything they could. the pilots were not at fault. day, June 19, 2012, at 10 a.m. for morn- I don’t blame the Marine Corps for Mr. Speaker, we are going to keep ing-hour debate. trying to save the program. They be- battling this thing for the families. I f lieved that this was the helicopter of will say we’re getting closer because I the present and the future. have such faith in God Almighty that I EXECUTIVE COMMUNICATIONS, But he further stated: know that it’s God’s will that these ETC. The actions of the lead aircraft in the sec- two pilots who are dead and their fami- Under clause 2 of rule XIV, executive tion, and lack of understanding how vortex lies who are living deserve to have communications were taken from the ring state/power settling would actually af- fect the Osprey in the real world, was part of their names cleared. I just call on the Speaker’s table and referred as follows: the problem. I do not feel that our investiga- Marine Corps to do what’s right for 6456. A letter from the Acting Under Sec- tion reflects that the mishap was a result of their marines. retary, Department of Defense, transmitting pilot error, and if the investigation was in- Do what’s right for the marines. For- the Department’s report on the amount of terpreted that way, it was misinterpreted. get the Congressman. He just happens purchases from foreign entities in Fiscal Mr. Speaker, this is one of the three to be the foot soldier. Do what’s right Year 2011, pursuant to Public Law 104-201, for the two marines who are dead. Do section 827 (110 Stat. 2611); to the Committee investigators. They all wrote about the on Armed Services. same letter. And Major Phil Stack- what’s right for the 17 marines who 6457. A letter from the Assistant General house closed by saying this: were in the back of the plane who are Counsel for Legislation, Regulation and En- For any record that reflects the mishap dead, and do what’s right for the fami- ergy Efficiency, Department of Energy, was a result of pilot error, it should be cor- lies of the pilot and co-pilot. transmitting the Department’s final rule —

VerDate Mar 15 2010 04:54 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K18JN7.053 H18JNPT1 tjames on DSK6SPTVN1PROD with HOUSE H3732 CONGRESSIONAL RECORD — HOUSE June 18, 2012 Energy Conservation Program for Certain 6466. A letter from the Federal Liaison Of- transmitting the Service’s final rule — Allo- Industrial Equipment: Energy Conservation ficer, Department of Commerce, transmit- cation of Mortgage Insurance Premiums [TD Standards and Test Procedures for Commer- ting the Department’s final rule — Changes 9588] (RIN: 1545-BH84) received May 11, 2012, cial Heating, Air-Conditioning, and Water- in Requirements for Specimens and for Affi- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Heating Equipment [Docket No.: EERE-2011- davits or Declarations of Continued Use or mittee on Ways and Means. BT-STD-0029] (RIN: 1904-AC47) received May Excusable Nonuse in Trademark Cases f 17, 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to [Docket No.: PTO-T-2010-0073] (RIN: 0651- the Committee on Energy and Commerce. AC49) received May 22, 2012, pursuant to 5 REPORTS OF COMMITTEES ON 6458. A letter from the Assistant General U.S.C. 801(a)(1)(A); to the Committee on the PUBLIC BILLS AND RESOLUTIONS Counsel for Legislation, Regulation and En- Judiciary. ergy Efficiency, Department of Energy, 6467. A letter from the Secretary, Depart- Under clause 2 of rule XIII, reports of transmitting the Department’s ‘‘Major’’ ment of Health and Human Services, trans- committees were delivered to the Clerk final rule — Energy Conservation Program: mitting the Department’s determination on for printing and reference to the proper Energy Conservation Standards for Residen- a petition on behalf of workers from the calendar, as follows: tial Clothes Washers [Docket Number: Clinton Engineer Works in Oak Ridge, Ten- Mr. SMITH of Texas: Committee on the Ju- EERE-2008-BT-STD-0019] (RIN: 1904-AB90) re- nessee, to be added to the Special Exposure diciary. H.R. 3668. A bill to prevent traf- ceived June 13, 2012, pursuant to 5 U.S.C. Cohort (SEC), pursuant to the Energy Em- ficking in counterfeit drugs; with an amend- 801(a)(1)(A); to the Committee on Energy and ployees Occupational Illness Compensation ment (Rept. 112–537). Referred to the Com- Commerce. Program Act of 2000 (EEOICPA); to the Com- mittee of the Whole House on the state of 6459. A letter from the Director, Regula- mittee on the Judiciary. tions Policy and Management Staff, Depart- the Union. 6468. A letter from the Secretary, Depart- Mr. HASTINGS of Washington: Committee ment of Health and Human Services, trans- ment of Health and Human Services, trans- mitting the Department’s final rule — Irra- on Natural Resources. H.R. 3100. A bill to au- mitting the Department’s determination on thorize the Secretary of the Interior to ex- diation in the Production, Processing and a petition on behalf of workers from the Handling of Food [Docket No.: FDA-1999-F- pand the boundary of the San Antonio Mis- Brookhaven National Laboratory in Upton, sions National Historical Park, to conduct a 0021; Formerly 1999F-2673] received May 17, New York, to be added to the Special Expo- 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the study of potential land acquisitions, and for sure Cohort (SEC), pursuant to the Energy other purposes; with an amendment (Rept. Committee on Energy and Commerce. Employees Occupational Illness Compensa- 6460. A letter from the Director, Regula- 112–538). Referred to the Committee of the tion Program Act of 2000 (EEOICPA); to the tions Policy and Management Staff, Depart- Whole House on the State of the Union. Committee on the Judiciary. Mr. BISHOP of Utah: Committee on Rules. ment of Health and Human Services, trans- 6469. A letter from the Secretary, Depart- mitting the Department’s final rule — Label- House Resolution 688. Resolution providing ment of Health and Human Services, trans- for consideration of the bill (H.R. 2578) to ing and Effectiveness Testing; Sunscreen mitting the Department’s determination on Drug Products for Over-the-Counter Human amend the Wild and Scenic Rivers Act re- a petition on behalf of workers from the lated to a segment of the Lower Merced Use; Delay of Compliance Dates [Docket No.: Electro Metallurigical site in Niagara Falls, FDA-1978-N-0018] (Formerly Docket No.: River in California, and for other purposes New York to be added to the Special Expo- 1978N-0038) (RIN: 0910-AF43) received May 17, (Rept. 112–539). Referred to the House Cal- sure Cohort (SEC), pursuant to the Energy 2012, pursuant to 5 U.S.C. 801(a)(1)(A); to the endar. Employees Occupational Illness Compensa- Committee on Energy and Commerce. f 6461. A letter from the Deputy Director, Of- tion Program Act of 2000 (EEOICPA); to the fice of State, Local, and Tribal Affairs, Exec- Committee on the Judiciary. PUBLIC BILLS AND RESOLUTIONS 6470. A letter from the Secretary, Depart- utive Office Of The President, Office of Na- ment of Health and Human Services, trans- Under clause 2 of rule XII, public tional Drug Control Policy, transmitting re- mitting the Department’s determination on ports on the National Youth Anti-Drug bills and resolutions of the following a petition on behalf of workers from Hangar Media Campaign for Fiscal Year 2011, pursu- titles were introduced and severally re- ant to 5 U.S.C. 801(a)(1)(A); to the Committee 481 on the premises of Kirtland Air Force ferred, as follows: on Energy and Commerce. Base, Albuquerque, New Mexico to be added to the Special Exposure Cohort (SEC), pursu- By Mr. MANZULLO (for himself, Mr. 6462. A letter from the Assistant Secretary, MCINTYRE, Mr. BUCSHON, Mr. Legislative Affairs, Department of State, ant to the Energy Employees Occupational Illness Compensation Program Act of 2000 FINCHER, Mr. JOHNSON of Illinois, Mr. transmitting the Department’s annual re- BOSWELL, and Mr. KISSELL): port for 2011 on Voting Practices in the (EEOICPA); to the Committee on the Judici- ary. H.R. 5952. A bill to require each Federal United Nations, pursuant to Public Law 101- agency to submit and obtain approval from 246, section 406; to the Committee on Foreign 6471. A letter from the Assistant Attorney General, Civil Rights Division, Department the Director of the Office of Science and Affairs. Technology Policy of guidelines for ensuring 6463. A letter from the Secretary, Depart- of Justice, transmitting the Department’s and maximizing the quality, objectivity, ment of the Treasury, transmitting as re- final rule — Amendment of Americans With utility, and integrity of scientific informa- quired by section 401(c) of the National Disabilities Act Title II and Title III Regula- tion relied upon by the agency; to the Com- Emergencies Act, 50 U.S.C. 1641(c), and sec- tions To Extend Compliance Date for Certain mittee on Oversight and Government Re- tion 204(c) of the International Emergency Requirements Related to Existing Pools and form. Economic Powers Act, 50 U.S.C. 1703(c), and Spas Provided by State and Local Govern- By Mr. QUAYLE (for himself, Mr. ROSS pursuant to Executive Order 13313 of July 31, ments and by Public Accommodations [CRT of Florida, Mr. GRAVES of Georgia, 2003, a six-month periodic report on the na- Docket No: 123; A.G. Order No. 3332-2012] Mr. RIBBLE, Mr. MULVANEY, Mr. tional emergency with respect to the risk of (RIN: 1190-AA69) received May 21, 2012, pursu- BROOKS, and Mr. LONG): nuclear proliferation created by the accumu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee lation of weapons-usable fissile material in on the Judiciary. H.R. 5953. A bill to prohibit the implemen- the territory of the Russian Federation that 6472. A letter from the Director, Executive tation of certain policies regarding the exer- was declared in Executive Order 13159 of Office Of The President, Office of National cise of prosecutorial discretion by the Sec- June 21, 2000; to the Committee on Foreign Drug Control Policy, transmitting a report retary of Homeland Security; to the Com- Affairs. of the Use of High Intensity Drug Traf- mittee on the Judiciary. 6464. A letter from the Director, Office of ficking Areas Program Funds to Combat By Mr. ALTMIRE (for himself and Mr. Congressional Affairs, Nuclear Regulatory Methamphetamine Trafficking; to the Com- GERLACH): Commission, transmitting the Commission’s mittee on the Judiciary. H.R. 5954. A bill to designate the facility of final rule — Export and Import of Nuclear 6473. A letter from the Chief, Publications the United States Postal Service located at Equipment and Material; Export of Inter- and Regulations, Internal Revenue Service, 320 7th Street in Ellwood City, Pennsylvania, national Atomic Energy Agency Safeguards transmitting the Service’s final rule — Modi- as the ‘‘Sergeant Leslie H. Sabo, Jr. Post Of- Samples [NRC-2011-0213] (RIN: 3150-AJ04) re- fications to Definition of United States fice Building’’; to the Committee on Over- ceived May 22, 2012, pursuant to 5 U.S.C. Property [TD 9589] (RIN: 1545-BK11) received sight and Government Reform. 801(a)(1)(A); to the Committee on Foreign Af- May 11, 2012, pursuant to 5 U.S.C. By Ms. KAPTUR (for herself, Mr. KIND, fairs. 801(a)(1)(A); to the Committee on Ways and Ms. PINGREE of Maine, Mr. HINCHEY, 6465. A letter from the Secretary, Depart- Means. Mr. BRALEY of Iowa, Mr. BOSWELL, ment of Health and Human Services, trans- 6474. A letter from the Chief, Publications Mr. LUJA´ N, Mr. BUTTERFIELD, Mr. mitting the Department’s determination on and Regulations, Internal Revenue Service, RYAN of Ohio, Mrs. CHRISTENSEN, Mr. a petition on behalf of workers from the transmitting the Service’s final rule — Ap- LOEBSACK, Ms. LEE of California, Ms. Sandia National Laboratories in Albu- plicable Federal Rates — June 2012 (Rev. RICHARDSON, Mr. WALZ of Minnesota, querque, New Mexico be added to the Special Rul. 2012-15) received May 22, 2012, pursuant Mr. MICHAUD, Mr. BLUMENAUER, and Exposure Cohort (SEC), pursuant to the En- to 5 U.S.C. 801(a)(1)(A); to the Committee on Ms. FUDGE): ergy Employees Occupational Illness Com- Ways and Means. H.R. 5955. A bill to amend the Farm Secu- pensation Program Act of 2000 (EEOICPA); 6475. A letter from the Chief, Publications rity and Rural Investment Act of 2002 to im- to the Committee on the Judiciary. and Regulations, Internal Revenue Service, prove energy programs; to the Committee on

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Agriculture, and in addition to the Commit- By Ms. KAPTUR: H.R. 1746: Mr. MICHAUD and Ms. KAPTUR. tees on Oversight and Government Reform, H.R. 5955. H.R. 1755: Mr. BONNER, Mr. GRAVES of Geor- and Science, Space, and Technology, for a Congress has the power to enact this legis- gia, Mr. AKIN, Mr. KINGSTON, and Mr. COHEN. period to be subsequently determined by the lation pursuant to the following: H.R. 1802: Mr. ANDREWS. Speaker, in each case for consideration of Clause 18 of section 8 of Article I & Clause H.R. 1878: Ms. LEE of California. such provisions as fall within the jurisdic- I of section 8 of Article I H.R. 1910: Mr. TURNER of Ohio. tion of the committee concerned. By Mr. NADLER: H.R. 1916: Mrs. LOWEY and Ms. EDWARDS. By Mr. NADLER (for himself, Mr. H.R. 5956. H.R. 1936: Mr. KISSELL. PETRI, Mr. CONYERS, Ms. ZOE LOF- Congress has the power to enact this legis- H.R. 1956: Mr. ADERHOLT. GREN of California, Mr. FILNER, Mr. lation pursuant to the following: H.R. 2010: Mr. KINGSTON. HINCHEY, and Mr. STARK): Article 1, Section 8, clauses 9 and 18 of the H.R. 2030: Mr. LUJA´ N, Mr. HINCHEY, and Mr. H.R. 5956. A bill to provide safe, fair, and Constitution ISRAEL. responsible procedures and standards for re- By Mr. SCHWEIKERT: H.R. 2104: Mr. BACA and Mr. KING of New solving claims of state secrets privilege; to H.R. 5957. York. the Committee on the Judiciary. Congress has the power to enact this legis- H.R. 2123: Mrs. MCCARTHY of New York. By Mr. SCHWEIKERT: lation pursuant to the following: H.R. 2151: Mr. CONYERS. H.R. 5957. A bill to prohibit the Secretary Article 1. Section 8. Clause 4—The Con- H.R. 2194: Mrs. DAVIS of California. of Homeland Security from granting deferred gress shall have the power to establish an H.R. 2267: Mr. PERLMUTTER, Ms. HIRONO, action or otherwise suspending the effective- uniform Rule of Naturalization, and uniform Mr. OLVER, Mr. RUSH, Mr. MCDERMOTT, Mr. ness or enforcement of the immigration Laws on the subject of Bankruptcies BARTLETT, and MR. ROONEY. laws; to the Committee on the Judiciary. throughout the United States; H.R. 2327: Mr. ROSS of Florida. By Mr. TURNER of New York (for him- By Mr. TURNER of New York: H.R. 2499: Mr. LEWIS of Georgia, Mr. ROSS of Arkansas, and Ms. KAPTUR. self, Mr. KING of New York, and Mr. H.R. 5958. H.R. 2514: Mr. MICA and Mr. HARRIS. GRIMM): Congress has the power to enact this legis- H.R. 2634: Mr. COHEN. H.R. 5958. A bill to name the Jamaica Bay lation pursuant to the following: H.R. 2671: Mr. WELCH. Wildlife Refuge Visitor Contact Station of Article I, Section 8, Clause 3:[2] H.R. 2866: Ms. SEWELL and Mr. DIAZ- the Jamaica Bay Wildlife Refuge unit of The Congress shall have Power To regulate BALART. Gateway National Recreation Area in honor Commerce with foreign Nations, and among H.R. 3145: Mr. CAPUANO. of James L. Buckley; to the Committee on the several States, H.R. 3187: Mr. GUTHRIE. Natural Resources. By Mr. SCHIFF: H.R. 3307: Mr. LATOURETTE. By Mr. SCHIFF: H.J. Res. 111. H.R. 3458: Mr. ROSS of Florida. H.J. Res. 111. A joint resolution proposing Congress has the power to enact this legis- H.R. 3481: Mr. NUNNELEE. an amendment to the Constitution of the lation pursuant to the following: H.R. 3485: Ms. BASS of California and Mr. United States relating to the authority of Article V of the United States Constitu- CARNAHAN. Congress and the States to regulate con- tion. H.R. 3506: Mr. YOUNG of Alaska. tributions and expenditures in political cam- By Mr. DESJARLAIS: H.R. 3510: Mr. CROWLEY and Mr. PAULSEN. paigns and to enact public financing systems H.J. Res. 112. H.R. 3596: Mr. CICILLINE. for such campaigns; to the Committee on the Congress has the power to enact this legis- H.R. 3612: Mr. JOHNSON of Georgia, Mrs. Judiciary. lation pursuant to the following: LOWEY, Mr. TIERNEY, and Mr. GERLACH. By Mr. DESJARLAIS (for himself and Article 1, Section 1: H.R. 3618: Mr. DOGGETT. Mr. ROE of Tennessee): All legislative Powers herein granted shall H.R. 3627: Mr. KELLY and Ms. EDWARDS. H.J. Res. 112. A joint resolution dis- be vested in a Congress of the United States, H.R. 3656: Mr. BRALEY of Iowa. approving the rule submitted by the Internal which shall consist of a Senate and House of H.R. 3668: Mr. LUJA´ N and Mr. CROWLEY. Revenue Service relating to the health insur- Representatives. H.R. 3798: Mr. CONNOLLY of Virginia, Mrs. ance premium tax credit; to the Committee f DAVIS of California, Mr. CICILLINE, Mr. SAR- on Ways and Means. BANES, Ms. SEWELL, Mr. ISRAEL, Mr. By Ms. DELAURO (for herself, Ms. KAP- ADDITIONAL SPONSORS BUCHANAN, Mr. REYES, Mr. LYNCH, Mr. NAD- TUR, Mr. HIGGINS, Mr. CARDOZA, Mrs. Under clause 7 of rule XII, sponsors LER, and Mr. KEATING. CAPPS, Ms. MCCOLLUM, Mr. RANGEL, H.R. 3849: Mr. KISSELL, Mr. WILSON of were added to public bills and resolu- Mr. RYAN of Ohio, Ms. LINDA T. South Carolina, Mr. FLEISCHMANN, and Mr. ´ SANCHEZ of California, Ms. ROYBAL- tions as follows: MARINO. ALLARD, and Ms. ESHOO): H.R. 25: Mr. BONNER. H.R. 3860: Mr. FRANK of Massachusetts and H. Res. 689. A resolution honoring Catholic H.R. 139: Mr. LEWIS of Georgia, Ms. HAHN, Ms. RICHARDSON. sisters for their contributions to the United Mr. CAPUANO, and Ms. BROWN of Florida. H.R. 3895: Mrs. EMERSON. States; to the Committee on Oversight and H.R. 140: Mrs. BLACK and Mr. MICA. H.R. 3905: Mr. CLARKE of Michigan. Government Reform. H.R. 191: Mr. MCGOVERN. H.R. 4052: Mr. SHERMAN, Mrs. MCCARTHY of f H.R. 266: Ms. CHU. New York, Mr. CARSON of Indiana, and Mr. H.R. 267: Ms. CHU. LIPINSKI. CONSTITUTIONAL AUTHORITY H.R. 459: Mrs. ELLMERS and Mr. WHITFIELD. H.R. 4070: Mr. HULTGREN and Ms. HOCHUL. STATEMENT H.R. 529: Ms. EDWARDS. H.R. 4104: Mr. SENSENBRENNER, Mr. BISHOP H.R. 587: Ms. CHU. of Utah, Mr. REICHERT, Mr. WOLF, Mr. Pursuant to clause 7 of rule XII of H.R. 605: Mr. KINGSTON. YODER, Mr. REHBERG, Mr. SCHWEIKERT, Mr. the Rules of the House of Representa- H.R. 694: Mr. SIRES, Mr. HONDA, Mr. RYAN WOODALL, Mr. GARY G. MILLER of California, tives, the following statements are sub- of Ohio, Mr. LARSEN of Washington, Mrs. Mr. GRAVES of Georgia, Mr. SMITH of Ne- mitted regarding the specific powers CAPPS, Mr. COHEN, Mr. DAVID SCOTT of Geor- braska, Mr. MARINO, Mr. ROGERS of Ken- granted to Congress in the Constitu- gia, and Mr. LEWIS of Georgia. tucky, Mr. ROYCE, Mr. CARSON of Indiana, tion to enact the accompanying bill or H.R. 718: Mr. AMODEI. Mr. HIGGINS, Ms. CASTOR of Florida, Ms. joint resolution. H.R. 733: Mr. WAXMAN, Mrs. BLACKBURN, SCHWARTZ, Ms. TSONGAS, Mr. TIERNEY, Ms. Mr. LATOURETTE, and Ms. BONAMICI. SCHAKOWSKY, Mr. GEORGE MILLER of Cali- By Mr. MANZULLO: H.R. 791: Ms. CHU. fornia, Mr. MCNERNEY, Ms. CHU, Mr. SHER- H.R. 5952. H.R. 812: Mr. COHEN. MAN, Mr. KEATING, Mr. YARMUTH, Mr. Congress has the power to enact this H.R. 816: Mr. THORNBERRY. BRALEY of Iowa, Mr. HEINRICH, Mr. PETRI, legislation pursuant to the fol- H.R. 835: Ms. SEWELL. Mr. MCKINLEY, Mr. CLAY, Ms. HANABUSA, lowing: H.R. 860: Ms. VELA´ ZQUEZ. Mrs. NOEM, Mr. NUNES, Mr. ALEXANDER, Mr. Commerce Clause H.R. 905: Mr. PRICE of Georgia. DUNCAN of Tennessee, Mr. PENCE, Mr. GOOD- By Mr. QUAYLE: H.R. 1170: Mr. JONES. LATTE, Ms. ROS-LEHTINEN, Mr. WALSH of Illi- H.R. 5953. H.R. 1236: Mr. REED, Ms. HANABUSA, and nois, Mr. WALBERG, Mr. PLATTS, Mr. HERGER, Congress has the power to enact this legis- Mrs. ELLMERS. Mr. LANCE, Mr. JONES, Mrs. BACHMANN, Mr. lation pursuant to the following: H.R. 1265: Mr. MACK. HULTGREN, Mr. SMITH of Texas, Mr. ROSS of Article I, Section 8, Clause 4 H.R. 1327: Mr. BUTTERFIELD, Mr. CAMPBELL, Florida, Mr. THORNBERRY, Mr. TERRY, Mr. By Mr. ALTMIRE: Mr. SCOTT of Virginia, and Mr. COSTA. CLARKE of Michigan, Mr. CAPUANO, Mr. ELLI- H.R. 5954. H.R. 1344: Mr. RYAN of Ohio. SON, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. ACK- Congress has the power to enact this legis- H.R. 1385: Mr. CHABOT. ERMAN, Ms. HOCHUL, Mr. SCHRADER, Mr. lation pursuant to the following: H.R. 1409: Mr. PALAZZO. MEEKS, Ms. CLARKE of New York, Mr. GALLE- This bill is enacted pursuant to the power H.R. 1513: Ms. SEWELL and Mr. KEATING. GLY, Mr. GUINTA, Mr. CASSIDY, Mr. BROUN of granted to Congress under Article I, Section H.R. 1653: Mr. HANNA. Georgia, Mr. KING of Iowa, Mr. WHITFIELD, 8, of the United States Constitution. H.R. 1704: Mr. GRIMM. Mr. GUTHRIE, Mr. CRENSHAW, Mr. CALVERT,

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Mr. MCCLINTOCK, Mr. FRANKS of Arizona, Ms. H.R. 5684: Mr. COURTNEY. H. Res. 608: Mr. ELLISON and Mr. CLARKE of MOORE, Mr. JOHNSON of Illinois, Mr. LIPINSKI, H.R. 5744: Mr. LABRADOR. Michigan. Mr. LYNCH, Mr. BLUMENAUER, and Mr. BUR- H.R. 5796: Mr. RIGELL, Mr. RIVERA, Mr. H. Res. 616: Mr. CARTER. TON of Indiana. WELCH, Mr. DANIEL E. LUNGREN of California, H. Res. 623: Mr. NUGENT, Mr. PLATTS, and H.R. 4122: Mr. LYNCH. and Mr. WOLF. Mr. LANCE. H.R. 4238: Mr. MORAN. H.R. 5822: Mr. POMPEO. H. Res. 654: Ms. BROWN of Florida. H.R. 4256: Mr. SESSIONS. H.R. 5823: Ms. LEE of California. H. Res. 662: Mr. JOHNSON of Ohio and Mr. H.R. 4285: Mr. GONZALEZ. H.R. 5850: Mr. AMODEI. CRAVAACK. H.R. 4286: Mr. MICHAUD, Ms. SEWELL, Mr. H.R. 5859: Mr. KINZINGER of Illinois. H. Res. 678: Mr. CALVERT and Mr. GOSAR. LARSEN of Washington and Mr. PETERS. H.R. 5860: Mr. CONYERS. H. Res. 683: Mr. FALEOMAVAEGA, Ms. H.R. 4287: Mr. HASTINGS of Florida, Ms. H.R. 5893: Mr. CONNOLLY of Virginia. PELOSI, and Mr. STARK. EDWARDS, Ms. SCHAKOWSKY, Mr. RUSH, Mr. H.R. 5901: Mr. FATTAH, Mr. RANGEL, and FILNER, Mr. MURPHY of Connecticut, Mr. Mr. JOHNSON of Georgia. f OLVER, Mr. GRIFFIN of Arkansas, Mr. H.R. 5910: Mr. GRIMM and Mr. PAULSEN. BARLETTA, and Mr. CARSON of Indiana. H.R. 5911: Mr. PETRI, Mr. ROSS of Arkansas, CONGRESSIONAL EARMARKS, LIM- H.R. 4318: Ms. SCHAKOWSKY. and Mr. LANDRY. ITED TAX BENEFITS, OR LIM- H.R. 5942: Mr. ENGEL. H.R. 4323: Mr. ROE of Tennessee. ITED TARIFF BENEFITS H.R. 4335: Mr. MARINO. H.R. 5943: Mr. THORNBERRY, Mr. BOSWELL, H.R. 4342: Mr. ROSKAM and Mr. HOLDEN. Mr. HANNA, Mr. COURTNEY, and Mr. BISHOP of Under clause 9 of the rule XXI, lists H.R. 4367: Mr. HONDA, Mr. AMASH, Mr. RUP- New York. or statements on congressional ear- PERSBERGER, Mr. WALZ of Minnesota, Mr. H.R. 5948: Mr. MILLER of Florida and Mr. marks, limited tax benefits, or limited WILSON of South Carolina, Mr. LYNCH, Mr. ROE of Tennessee. tariff benefits were submitted as fol- LUJA´ N, and Ms. HAHN. H.J. Res. 78: Mr. CAPUANO. H.R. 4965: Mr. GOSAR, Mr. POSEY, Mr. H. Con. Res. 116: Mr. BERG. lows: PALAZZO, and Mr. MARINO. H. Con. Res. 127: Mr. CRITZ, Ms. BONAMICI, The amendment to be offered by Rep- H.R. 5186: Ms. SLAUGHTER, Ms. BORDALLO, Mr. BUCHANAN, Mr. NUNNELEE, Mr. FARR, Mr. resentative HASTINGS of Washington, or a Mr. OLVER, Ms. LEE of California, Ms. KAP- GEORGE MILLER of California, Mr. BURGESS, designee, to H.R. 2578, to amend the Wild and TUR, Ms. BROWN of Florida, and Mr. KUCI- Mr. POLIS, and Ms. ZOE LOFGREN of Cali- Scenic Rivers Act related to a segment of NICH. fornia. the Lower Merced River in California, and H.R. 5542: Ms. SUTTON and Mr. CONYERS. H. Con. Res. 129: Mr. CAMP. for other purposes, does not contain any con- H.R. 5593: Mr. RUSH. H. Res. 20: Mr. MEEKS. gressional earmarks, limited tax benefits, or H.R. 5646: Mr. HARRIS. H. Res. 21: Mr. RANGEL. limited tariff benefits as defined in clause 9 H.R. 5683: Mr. PERLMUTTER. H. Res. 29: Mr. SHERMAN. of rule XXI.

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Vol. 158 WASHINGTON, MONDAY, JUNE 18, 2012 No. 92 Senate The Senate met at 3 p.m. and was Mr. BLUMENTHAL thereupon as- But, Mr. President, the issues on this called to order by the Honorable RICH- sumed the chair as Acting President bill overwhelmingly are on the other ARD BLUMENTHAL, a Senator from the pro tempore. side, and I hope we can work something State of Connecticut. f out. They have worked so hard—Sen- ators STABENOW and ROBERTS—and I PRAYER RECOGNITION OF THE MAJORITY hope we can find a path forward. It is LEADER The Chaplain, Dr. Barry C. Black, of- important. I commend them for their fered the following prayer: The ACTING PRESIDENT pro tem- dedication to this measure which cuts Let us pray. pore. The majority leader is recog- subsidies and protects 16 million Amer- Eternal God, in Your faithfulness nized. ican jobs. guide our Senators today. As they f We have spent so much precious time on this bill—precious time we do not trust Your leadership, may they expe- FLOOD INSURANCE REFORM AND have—and we need to move forward on rience Your faithful love. Lord, lead MODERNIZATION ACT—MOTION it. We are going to move forward or off them from the path of disunity, as You TO PROCEED—Resumed of this bill. I hope we will be able to teach them Your will. As they experi- Mr. REID. Mr. President, I now move move forward today with this bill; oth- ence the constancy of Your presence, to proceed to Calendar No. 250, S. 1940. erwise, we are going to have to file clo- guide them to Your higher wisdom and The ACTING PRESIDENT pro tem- ture on the bill because it is the third fill their hearts with Your peace. pore. The clerk will report the motion. week of jockeying around on this bill. Watch over them with Your gracious The assistant legislative clerk read THE DREAM ACT protection. as follows: Mr. President, Astrid Silva is an av- We pray in Your strong Name. Amen. Motion to proceed to Calendar No. 250, S. erage American 24-year-old from all 1940, a bill to amend the National Flood In- f outward appearances. She is a Las surance Act of 1968, to restore the financial Vegas resident. She is fascinated with PLEDGE OF ALLEGIANCE solvency of the flood insurance fund, and for other purposes. Nevada history—whether it is Area 51 or about the time when it is alleged the The Honorable RICHARD BLUMENTHAL SCHEDULE led the Pledge of Allegiance, as follows: Mr. REID. Mr. President, the Senate mob ran the casinos. She is active in I pledge allegiance to the Flag of the will continue debate on the farm bill her community, school politics, and local politics. United States of America, and to the Repub- today. At 5 p.m. the Senate will pro- One day Astrid would like to come to lic for which it stands, one nation under God, ceed to executive session to consider indivisible, with liberty and justice for all. Washington, DC, to see, as she said, the the nomination of Mary Lewis to be Declaration of Independence—see it f U.S. District Judge for the District of herself. She recently completed her as- South Carolina. At 5:30 this evening sociate’s degree at the College of APPOINTMENT OF ACTING there will be a rollcall vote on con- PRESIDENT PRO TEMPORE Southern Nevada, and she dreams of firmation of the Lewis nomination. completing her bachelor’s degree at The PRESIDING OFFICER. The MOVING FORWARD UNLV. clerk will please read a communication Mr. President, I have spoken to Sen- But there is one issue standing in her to the Senate from the President pro ator STABENOW several times in the way: Astrid is not an American citizen. tempore (Mr. INOUYE). last couple of days. In fact, I spoke to Twenty years ago this week this little The assistant legislative clerk read her today—what time did I get back? It girl, 31⁄2 years old—a little baby girl— the following letter: is 3 o’clock—at 2 o’clock or there- was brought to the United States by U.S. SENATE, abouts. She indicated to me they are her parents. She has no knowledge of PRESIDENT PRO TEMPORE, making progress on the bill. There was Mexico. America is her country. The Washington, DC, June 18, 2012. one amendment she was concerned country where she was born—Mexico— To the Senate: about. I worked that out and told her she knows nothing about. She speaks Under the provisions of rule I, paragraph 3, she could go ahead and have that as perfect English. She was an honor stu- of the Standing Rules of the Senate, I hereby part of the consent agreement. So I dent in high school, and she has never appoint the Honorable RICHARD have worked very hard to try to make BLUMENTHAL, a Senator from the State of called anyplace but Nevada her home. Connecticut, to perform the duties of the the lives of Senators STABENOW and So, of course, I thought of this brave Chair. ROBERTS easier, and I have worked young woman when President Obama DANIEL K. INOUYE, through some of the problems my peo- announced last Friday he would sus- President pro tempore. ple had. pend the deportation of young people

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

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VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.000 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4224 CONGRESSIONAL RECORD — SENATE June 18, 2012 like Astrid who were brought to this them get an education and serving our tisan way to mend this Nation’s flawed country illegally when they were only country in the military? The answer to immigration system instead of just children. that is so easy. complaining about the system being I had a difficult campaign, as every- It removes the specter of deportation broken. The pathway is there. We know one knows. During that campaign, on that has hovered over deserving young what needs to be done. We just need a occasion I would be given a little hand- men and women. That is what Presi- little help from our Republican col- written note. I would look at it later. dent Obama did. So I congratulate him leagues. One was from Astrid telling me of her for this courageous decision—a deci- Will the Chair announce the business dreams—her dreams that she wanted sion that benefits both the DREAMers of the day. fulfilled, that could not be because she and our Nation as a whole. RESERVATION OF LEADER TIME was not a citizen even though this is Like Astrid, these young people The ACTING PRESIDENT pro tem- her country. share our language, share our culture, pore. Under the previous order, the She has been looking over her shoul- share our love for America—the only leadership time is reserved. der for many years now—since the time country they know. They are talented, Mr. REID. I suggest the absence of a she was old enough to understand— patriotic men and women who want to quorum. afraid of deportation. She decided she defend our Nation in the military, get The ACTING PRESIDENT pro tem- was going to step out of the shadows a college education, work hard, and pore. The clerk will call the roll. and be no longer afraid and become an contribute to their communities and The assistant legislative clerk pro- advocate for the DREAM Act. She is this country. ceeded to call the roll. truly a DREAMer. When they pledge allegiance, it is to Mr. KYL. Mr. President, I ask unani- As we know, the DREAM Act would the United States of America. Unfortu- mous consent that the order for the create a pathway to citizenship for out- nately, President Obama’s directive is quorum call be rescinded. standing young people who were temporary. The onus is now on Con- The ACTING PRESIDENT pro tem- brought to this country through no gress to protect the DREAMers and fix pore. Without objection, it is so or- fault of their own and want to attend our broken immigration system once dered. college or serve our Nation in the and for all. RESPONDING TO THE PRESIDENT Armed Services. For all of these people who are say- Mr. KYL. Mr. President, I want to re- The DREAM Act is not amnesty. It ing: Why didn’t you do it in Congress, spond today to some statements Presi- rewards responsibility with oppor- we tried. We invite them here. If they dent Obama has been making on the tunity. want to make it permanent, it could be campaign trail regarding debt, spend- Astrid’s handwritten letters con- done very easily. ing, and taxes during his administra- vinced me years ago of the importance Comprehensive immigration reform tion. of this issue. Unfortunately, Repub- should be tough, fair, and practical. It Last week, the President said he lican opposition has stalled this legis- should continue efforts to secure our should not be blamed for the massive lation. borders, hold unscrupulous employers debt and spending in recent years be- I was stunned listening to the Repub- accountable, and reform our Nation’s cause, in his words, it was all ‘‘baked lican nominee for President say: Why legal immigration system. It should re- into the cake’’ when he took office. He doesn’t Congress do this? quire 11 million undocumented people also contended that his administration Mr. President, we have tried. We can- to register with the government, pay has done the responsible thing in tak- not get Republican votes. We have taxes and fines, work, and learn ing steps to fix our Nation’s fiscal tried. English. Then they do not go to the problems. Here is the totality of what Thanks to President Obama, Astrid front of the line, they go to the back of the President said: and 800,000 other young people just like the line and work their way up. her who are American in all but paper- I love it when these guys talk about debt Some Republicans have suggested a and deficits. I inherited a trillion dollar def- work no longer need to live in fear of solution to the DREAMers’ terrible di- icit. We signed $2 trillion of spending cuts deportation. President Obama’s direc- lemma should have come from Con- into law. Spending under my administration tive to suspend deportation of the gress, not the President. I have talked has grown more slowly than under any Presi- DREAMers comes after a yearlong re- about that today already. dent in the last 60 years. They baked all this view. It will be applied on a case-by- I repeat, it is Republican opposition stuff into the cake with the tax cuts and the case basis. It frees up law enforcement that has prevented Congress from act- war. resources to focus on people who actu- ing. In fact, Senate Republicans have I would like to respond to each of the ally threaten public safety and na- blocked the DREAM Act twice. Many President’s comments. First, on defi- tional security, and it removes the Republicans who once said they fa- cits and debt, President Obama is not specter of deportation that has hovered vored a long-term fix for America’s the reformer he makes himself out to over deserving young men and women. broken immigration system are now be. Since he took office, the national For a long time the Presiding Officer abandoning efforts to find common debt has climbed by $5 trillion. It is was the chief attorney, the chief en- ground. now larger than the entire economy. If forcer of the law in the State of Con- It was interesting to note that on one we take his entire 4 years and all of the necticut, and he had to direct his re- of the Sunday shows yesterday, the Presidents before him, he has incurred sources where they could best be used. former Governor of Massachusetts re- as much debt as all of the Presidents, He wanted to focus on people who were fused to answer the question when from George Washington through threatening public safety and national asked four times by Bob Schieffer: George W. Bush, just in his time as security. What is your proposal? He would not President. What good would it do for us as a answer four times. We all know he said Yearly deficits, which is the gap be- country to say to people such as if the DREAM Act passed he would tween revenues and spending, have Astrid: You cannot go to school. What veto it. But he is saying: Why don’t grown substantially as well. Despite a you can do is go ahead and be part of a you work it out in Congress? But he is promise to cut the deficit in half by the gang. Women become gang members saying: If you do, I am going to veto it. end of his first term, the President has too. Some of those violent gang mem- Obviously, efforts to find common run annual deficits in excess of $1 tril- bers we have in America today are now ground have been abandoned. So the lion for 4 years in a row. None of this women. Are we better off preventing President took decisive action in offer- has anything to do with what happened these young men and women from ing this directive. But he can only do before he became President. So how going to school, from going into the so much by himself. So for Astrid’s about after he became President? military, even though this is the only sake and for the sake of every Amer- According to the President’s own country they have ever known as ican, it is time for Congress to become budget numbers, in 2009, the first year home? part of the solution. of his Presidency, the deficit was $1.4 Are we better off saying stay in the I hope my Republican colleagues will trillion. In 2010 the deficit was $1.3 tril- shadows or are we better off letting finally join Democrats to find a bipar- lion. In 2011 it, again, was $1.3 trillion.

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.002 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4225 If the President’s policies are followed, If you instead do this calculation the right spending records on broad-based the deficit this year is expected to top way and measure the average annual growth progrowth tax relief that has helped to $1.3 trillion. Those are all in the years rate from fiscal year 2008 to CBO scoring of create jobs and economic growth in the President’s budget proposal for fiscal this country prior to the last down- when he was President. year 2013, you get an average annual growth The highest deficit under President rate of Federal spending of 4.5 percent. That turn—and that he himself supported Bush, his predecessor, was $458 billion, is a nominal growth rate, so the real growth extending. and that was in 2008. Every deficit rate will be in the 2s. Additionally, the recently released under President Obama has been more Finally, on spending, it is inaccurate ‘‘Long-Term Budget Outlook’’ esti- than double that figure. But President to measure a President’s record with- mates that tax revenues will exceed Obama says he is blameless when it out looking at the overall size and the historical average in the next 10 comes to the debt problem? Not hardly. scope of government. President years if this same tax policy—the 2001 He never even submitted a plan to Obama’s preference for big government and 2003 tax relief—is extended, and if come close to balancing the budget, is obvious to everyone. He usually ar- Congress prevents the alternative min- even with the massive tax hike he sup- gues for it. He doesn’t argue he is for a imum tax from hitting millions of ad- ports. smaller or less active government. ditional middle-class families. And As Washington Post columnist Dana Well, the historical average of spending that is what Republicans have been Milbank wrote last week: to gross domestic product before Presi- supporting all along. So we will get back to the historical average of reve- Despite [the President’s] claim that ‘‘both dent Obama took office was roughly nues raised. parties have laid out their policies on the 20.6 percent. We all know robust economic growth table,’’ President Obama has made no serious So how does President Obama’s is the most effective way to reduce our proposal to fix the runaway entitlement pro- record stack up? Here is the breakdown grams that threaten to swamp the govern- debt and that raising taxes will not of spending to gross domestic product. ment’s finances. achieve that goal. Failure to stop this These are the ratios during the Obama tax-driven fiscal cliff could push us Dana Milbank is not a conservative years. Remember now, this is compared into another recession next year, again Republican. to the historical average of 20.6 per- according to the nonpartisan Congres- Second, let’s take a look at the cent. In 2009, his first year, 25.2 per- sional Budget Office. It would result in President’s claim that spending during cent; next, 2010, 24.1 percent; in 2011, a $4.59 trillion tax hike on individuals, his Presidency has grown more slowly 24.1 percent again; and an estimate for than during any Presidency in the last families, businesses, and investors over this year, 2012, is 24.3 percent. the next decade. We have said that is 60 years. That claim does not pass the All of these figures are substantially the largest tax increase in the history smell test. higher than the historical average of of our country—over $4.5 trillion. If we Keith Hennessey, former Director of spending at 20 percent. So his spending are serious about increasing tax reve- the National Economic Council, is one every year he has been in office, includ- nues through economic growth, avoid- of many observers who has debunked ing the projected spending this year, this claim. ing a recession is a good place to start. will be far greater than the historical Republicans are happy to debate First, as Hennessey notes, the Presi- average. dent’s claim is based on a discredited President Obama on the best way to And lastly, in the President’s budget create jobs and to get our country back article that suggests he isn’t actually request for fiscal year 2013, which accountable for anything that hap- on sound fiscal footing. But in order to would be next year, the spending aver- do so, we need to get the facts straight pened before October 1, 2009. That is ages 22.5 percent—still above the 20- the start of the fiscal year. But, of first. President Obama has not lived up percent historical figure. to his promise to cut the deficit. He course, he took office almost 9 months So it is no wonder President Obama has not reduced spending in any mean- before that time. doesn’t want to run on his real spend- ingful way. And tax relief is not the In other words, that timetable ex- ing record, because it is not one of fis- main reason why we are in the red cludes the auto bailouts, the first year cal constraint. of the stimulus bill—which, of course, today. Third, I want to address the Presi- Mr. President, I suggest the absence was President Obama’s legislation—the dent’s claim that the tax relief Con- bailouts of Fannie Mae and Freddie of a quorum. gress enacted in 2001 and 2003 somehow The ACTING PRESIDENT pro tem- Mac, and a lot of other things. As played an outsized role in driving up pore. The clerk will call the roll. Hennessey writes, this date was ‘‘cher- the debt. We have heard him talk about The assistant legislative clerk pro- ry-picked . . . to make President this—if it weren’t for the Bush tax ceeded to call the roll. Obama’s record look good.’’ cuts, he said we would be closer to hav- Mr. JOHNSON of South Dakota. Mr. I would ask: Does President Obama ing a balanced budget. Not true. The President, I ask unanimous consent also disclaim anything to do with the records for this come from the non- that the order for the quorum call be auto bailouts that occurred during that partisan referees at the Congressional rescinded. same period of time? No, last time I Budget Office. These are not partisan The ACTING PRESIDENT pro tem- heard, he was bragging about that. people—not on one side or the other— pore. Without objection, it is so or- That is the height of cherry picking. and they have shown what we have is a dered. The things that make you look good, spending problem, not a revenue prob- AGRICULTURE REFORM you take; the things that make you lem. Mr. JOHNSON of South Dakota. Mr. look bad, you reject. You can’t have it In May of 2011, CBO released an anal- President, I rise today to talk about both ways. ysis showing that nearly 50 percent of the critically important piece of legis- Second, the President actually pro- the cumulative budget deficit since lation currently before the Senate, the posed spending far higher than was en- 2001 is due to increased government Agriculture Reform, Food and Jobs acted into law. For example, his latest spending, 28 percent of it is due to eco- Act. But first I would like to thank budget request proposed spending of nomic and technical corrections, and 11 Senators STABENOW and ROBERTS for $3.72 trillion in fiscal year 2013. But the percent is due to temporary stimulus- the great work they have done to get President is taking credit for spending like tax provisions. The 2001 and 2003 us to this point in the reauthorization in the CBO baseline which is $3.58 tril- tax relief to which President Obama re- process. lion, which is somewhat less than the fers—which, by the way, is the same The bill as reported out of the Agri- $3.72 trillion he proposed. So the Presi- tax relief he extended for 2 years about culture Committee saves taxpayers dent wanted to spend more but was re- a year and a half ago—accounts for more than $23 billion over the next 10 strained by the Republicans in the how much? Just 14 percent of the def- years and will support millions of jobs. House of Representatives in Congress. icit since 2001 and 2003. With this bill, we are taking several Mr. Hennessey also explains how the So, far from being the cause of the important steps in making our farm President’s spending claim collapses deficit, it only accounts for 14 percent support system more responsive to ac- once you take three basic errors into of the deficit. It is inaccurate for the tual need rather than sending pay- account. He writes: President to place the blame for his ments to producers no matter what

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.003 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4226 CONGRESSIONAL RECORD — SENATE June 18, 2012 they grow. We are long past due in The underlying bill does good work to they are going to shut down and block eliminating direct payments. At the increase flexibility, and I support the the confirmation process for qualified same time, we are maintaining a efforts of Senator MARK UDALL and and consensus circuit nominees for the strong crop insurance program and cre- others to increase the resources we are rest of the year. That is unfortunate, ating a new system that makes assist- providing to the Forest Service to ad- and it does nothing to help the Amer- ance available to producers when they dress this threat to our forest health ican people or our courts. The courts actually experience a loss. and public safety. continue to be overburdened while con- Another important area of reform in I understand that the Agriculture sensus nominees for vacancies that this bill is payment limitations and en- Committee leaders and Senate leader- could be filled are being stalled. In suring that actual farmers receive pay- ship have been making progress in some cases for nominees, we have two ments. Senator GRASSLEY and I have their negotiations toward an agree- Republican Senators from the State worked for years to lower the caps on ment on a path forward. I hope we can supporting them and others where we our farm program payments and to di- avoid letting a small minority of Sen- have a Democratic and Republican rect payments to family farmers. The ators hold up progress on this bill. It is Senator supporting them. They have new Agriculture Risk Coverage Pro- time that we act and that we give our gone through our committee—usually gram contains a cap of $50,000 and re- producers certainty. by voice vote—and they are non- quires that program payment recipi- Mr. President, I yield the floor, and I controversial. I have often spoken dur- ents contribute labor to the farm oper- suggest the absence of a quorum. ing the last three years of the foot ation. Current law has enabled mul- The ACTING PRESIDENT pro tem- dragging and obstruction by Senate tiple farm managers in an operation to pore. The clerk will call the roll. Republicans with respect to this Presi- The assistant legislative clerk pro- qualify for separate farm program pay- dent’s judicial nominations. ments with as little participation as ceeded to call the roll. one conference call a year. Not any- Mr. MCCAIN. Mr. President, I ask Just last week we saw the Majority more under this bill. I am disappointed unanimous consent that the order for Leader file the 28th cloture petition to that there have been amendments filed the quorum call be rescinded. end another filibuster against another to weaken this language. I don’t under- The PRESIDING OFFICER (Mr. qualified judicial nominee. Last week stand how anyone can stand before this MANCHIN). Without objection, it is so it was a nominee from Arizona sup- body and justify sending Federal farm ordered. ported by Senator KYL and Senator program payments to people who Mr. MCCAIN. Mr. President, I ask MCCAIN. By their announcement, the aren’t engaged in agriculture. Our unanimous consent to be recognized as Senate Republican leadership is saying country faces serious fiscal challenges, in morning business. that it will not agree to proceeding and it seems to me that limiting farm The PRESIDING OFFICER. Without with debate and a vote on any of the payments to real farmers is a reason- objection, it is so ordered. four circuit court nominees voted on able concept. I urge my colleagues to The Senator from Arizona. by the Senate Judiciary Committee. oppose efforts to weaken this language. (The remarks of Mr. MCCAIN per- They include a nominee from Maine With this bill we are also taking im- taining to the introduction of S. 3306 strongly supported by both Republican portant steps to combine and stream- are printed in today’s RECORD under Senators from Maine, and a nominee line our conservation programs, while ‘‘Statements on Introduced Bills and from Oklahoma supported by the Re- still allowing us to continue meeting Joint Resolutions.’’) publican Senators from that state, as the same land, water, and wildlife Mr. MCCAIN. Mr. President, I yield well as a nominee from New Jersey and goals. Additionally, this bill contains a the floor. one for the Federal Circuit who was ap- sodsaver provision that will discourage I suggest the absence of a quorum. proved by all of the Republican Sen- The PRESIDING OFFICER. The the breaking of native sod for crop pro- ators on the Judiciary Committee, ex- clerk will call the roll. duction. cept for an unrelated protest vote. This The legislative clerk proceeded to One area of the bill with which I am plan to shut down the confirmation disappointed is that it does not contain call the roll. Mr. GRASSLEY. Mr. President, I ask process is consistent with what the a livestock title. However, I have unanimous consent that the order for partisan Senate Republican leadership joined with some of my colleagues in the quorum call be rescinded. did in 1996, when it would not allow any filing amendments to give our inde- The PRESIDING OFFICER. Without circuit nominees to be confirmed, and pendent livestock producers a fair objection, it is so ordered. again at the end of President Clinton’s shake in the marketplace. Along with Mr. GRASSLEY. Mr. President, I presidency, and can be contrasted with Senator GRASSLEY and others, I have yield to the Chairman. how Democrats acted in 1992, 2004 and worked for more than a decade to pro- 2008. This is really a challenge to the f hibit the ownership of livestock by the Senators who have said that they will big meatpackers for more than 14 days EXECUTIVE SESSION not support these filibusters and this prior to slaughter. Additionally, I have kind of obstruction. joined with Senator ENZI in filing an amendment to require more trans- NOMINATION OF MARY GEIGER It is hard to see how this new appli- parency in the use of forward contracts LEWIS TO BE UNITED STATES cation of the Thurmond rule is any- in the livestock markets. These are im- DISTRICT JUDGE FOR THE DIS- thing more than another name for the portant provisions that I hope my col- TRICT OF SOUTH CAROLINA stalling tactics we have already seen leagues will support. The PRESIDING OFFICER. Under for months and years. I have yet to I also applaud the committee’s work the previous order, the Senate will pro- hear any good reason why we should on the energy and rural development ceed to executive session to consider not continue to vote on well-qualified titles, which strengthen our rural the following nomination, which the consensus nominees, as we did up until economies. The Rural Development clerk will report. September of the last two Presidential water and wastewater program has The legislative clerk read the nomi- election years when we had a Repub- been a critical funding source to help nation of Mary Geiger Lewis, of South lican President. That was supported by alleviate a severe water infrastructure Carolina, to be United States District both Democrats and Republicans—to need on the Cheyenne River Sioux In- Court Judge for the District of South vote up through September. I have yet dian Reservation. I hope my colleagues Carolina. to hear a good explanation why we will act favorably on Senator BROWN’s The PRESIDING OFFICER. Under can’t work to solve the problems of amendment that I have cosponsored to the previous order, there will be 30 high vacancies for the American peo- bolster this and other Rural Develop- minutes of debate equally divided in ple. I will continue to work with the ment programs. the usual form. Senate leadership to try to confirm as Finally, I would like to commend ef- The Senator from Vermont. many of President Obama’s qualified forts to address the pine beetle epi- Mr. LEAHY. Mr. President, last judicial nominees as possible because I demic in the forestry title of this bill. week, Senate Republicans announced hear from judges all over the country

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.007 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4227 how these judicial vacancies are bur- this President is sadly no surprise. Re- thousands of homes at a time when our dening our courts, and American tax- publicans objected to extending the housing market is still trying to re- payers are unable to get a court to payroll tax cut even though they ulti- cover. The program expired in 2008, and hear their cases. mately supported it. Republicans have subsists now on a series of short term I was heartened to see the senior also come to reject ideas and proposals extensions. A five-year extension is Senator from Maine has said she will that originated from their own party pending before Congress; Senate Re- continue to work with the bipartisan simply because this President supports publicans have delayed consideration Senate leadership in an effort to bring them. This was the case with the indi- of that important legislation, too. the Maine nominee to the First Circuit vidual mandate for healthcare, which Meanwhile, in this election year, Re- before the Senate for a confirmation was a Republican idea. So it should publicans in Congress are more intent vote. I trust that many Republican come as no surprise that Republicans on extending the Bush-era tax cuts Senators who joined Senator KYL and have been obstructing President that contributed to the financial crisis Senator MCCAIN in opposing the fili- Obama’s judicial nominees since the facing us today than in working to- buster of Justice Hurwitz will now join President first took office. gether to move forward with reason- to oppose the filibusters of William Regrettably, the obstruction of judi- able policies to bolster economic Kayatta of Maine, Judge Robert cial nominations is just one more ex- growth and development. Extending to Bacharach of Oklahoma, Judge ample of Republicans saying no or sim- the wealthiest Americans a lower tax Shwartz of New Jersey, and Richard ply going slow. They are saying no to rate will not lead to job creation. Taranto for the Federal Circuit. I hope the police, firefighters, teachers, stu- These tax cuts have not led to job cre- the Senators from South Carolina, dents, consumer protection, and to ation. Meanwhile, businesses continue whose State’s nominee we consider those 50 States that want to go forward to shutter their doors, costing commu- today, will aid this effort just as we with highway bills. nities jobs and economic development. I know I raised the question at the worked with them throughout the I hear from Vermonters—Republicans time when Congress voted to go to war process to ensure they were consulted and Democrats alike—and they cannot in Iraq—a war I voted against—that by the President. In fact, I personally wait while politics trump sound policy they were going to do it by borrowing requested the President consult with efforts in Washington. It is time for a the money, the same in Afghanistan. reality check. Republican Senators when they were Never before in this Nation have we going to have a nominee from their While our economy is showing some signs of progress since the economic gone to war and borrowed the money. home State. I hope they are going to We have had a tax to pay for it. So we show that same courtesy to other Sen- collapse four years ago, there is no lose $1 trillion in Iraq and at least $1⁄2 doubt domestic job growth has not ators. trillion so far in Afghanistan. been as strong as we had hoped. Even Senate Republicans were talking If we want to cast partisan politics about shutting down the confirmation though we have under 5 percent unem- aside and have a consensus on mean- process from the beginning of this ployment in Vermont, we still have too ingful jobs and job preservation legisla- year, as I chronicled in my statement many Vermonters looking for work. We tion, we can do so. We have shown how on February 7 on their obstruction and have to continue looking for ways to to do it. The Leahy-Smith America In- delay. They slow walked nominees who spur job growth and economic invest- vents Act is one of the best examples of should have been confirmed last year ment in this country. Unfortunately, laws enacted in this Congress to pro- into May of this year. And now, one efforts in Congress to increase jobs, re- mote our American economy and cre- month later, they announce that they duce unemployment, and support hard- ate American jobs. The Republican are closing the gates on progress. The working American families struggling chairman of the House Judiciary Com- article by John Stanton in Roll Call on to keep food on their tables and roofs mittee and I in the Senate brought to- June 14 blew the whistle on their plan. over their heads meet with partisan ob- gether Republicans and Democrats in The banner headline notes the ‘‘GOP . struction too. both bodies, and we passed the Leahy- . . Judge Blockade’’ but it is not just While Congress delays, the clock is Smith America Invents Act. Unfortu- beginning. It began from the moment ticking down for the millions of Ameri- nately, it was only one of the few job- the President was elected. cans struggling to afford college and creating bills enacted in this Congress. I think this pattern of obstruction— those struggling to pay back student The outlook this Congress need not and I say this more out of sadness than loans once they have graduated. In less be gloom and doom. Working together, anything else—has been as transparent than two weeks, student loan interest we can enact meaningful legislation to as the Senate Republican leader’s rates will double, threatening to make close the loopholes that incentivize statement that ‘‘the single most im- student loan debt an almost insur- companies to ship jobs overseas. We portant thing [Senate Republicans] mountable obstacle to accessing a col- can bolster the middle class, rather want to achieve is for President Obama lege education. Meanwhile, Senate Re- than the wealthiest one percent of to be a one-term President.’’ Just as publicans continue to filibuster com- Americans, by promoting job creation they obstruct his qualified judicial monsense legislation to address this through small business development. nominees, they have also rejected vir- looming deadline. We can ensure that students grad- tually every effort this President has In less than 2 weeks, millions of jobs uating from school are not saddled made to improve the economy and cre- will be put on hold when critical trans- with student loans, the interest rates ate jobs. They have become the party portation programs, including funding on which are simply too high to afford. of no—no help for the American people, for the highway trust fund, expire. We can do all this, today. no to jobs, no to economic recovery, no Failing to pass a long-term transpor- I am disheartened that the Repub- to police, firefighters, and teachers, no tation bill jeopardizes thousands of lican leaders in Congress have said to those students who are seeking help construction and development projects, they are simply done legislating for the to pay for education, no to consumer impacting millions of jobs in every sin- year. The reality check is that protection, no to assisting State and gle State in this country. These pro- Vermonters and other Americans of all local governments, no to the highway grams impact every one of our states— States cannot wait. President Obama bill, and no to any more judges. which means more jobs lost in an al- has signaled his commitment to mov- Never mind that the American people ready weak economy. The Senate has ing forward with job-creating legisla- rely on our courts for justice and that passed a bill to bring certainty to this tion to get Americans back to work the courts are overburdened with va- fund for two years. We are still waiting and to protect America’s leadership in cancies and that we have 17 judicial for the House Republican leadership to the global marketplace. We should nominees voted out of the Judiciary act on that legislation. move on that. Let the two candidates Committee waiting for Senate con- In a little over 1 month, important for President argue, let them state firmation. legislation to extend the National their positions, and let the voters de- The idea that Senate Republicans Flood Insurance Program will expire. cide which one they want to vote for. would oppose a proposal, bill or nomi- The failure to reauthorize this impor- In the meantime, when we have legisla- nation simply because it comes from tant program puts at risk the sale of tion to put Americans to work, let’s

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.012 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4228 CONGRESSIONAL RECORD — SENATE June 18, 2012 put politics aside and focus on the ture was rated unanimously well quali- ship playing politics with his nomina- right policies, on the needs of the fied by the nonpartisan ABA Standing tion? American people. All of us—Repub- Committee on the Federal Judiciary, There is also no reason the Senate licans and Democrats alike—should act the highest possible rating. And every cannot vote on Richard Taranto’s nom- on behalf of the people who sent us. It one of them was nominated to fill a ju- ination to the Federal Circuit. He was is past time for that work to begin. dicial emergency vacancy. reported almost unanimously by voice Shutting down judicial confirmations Did Republicans secretly invoke the vote nearly three months ago, and was makes no sense when the judicial va- Thurmond Rule before this year even supported by conservatives such as cancy rate remains almost twice what started, when they departed from the Robert Bork and Paul Clement. The it was at this point in the first term of Senate’s traditional practice and would Federal Circuit has never been con- President Bush. Senate Republicans not consent to confirm 19 judicial troversial before. The one circuit court were successful in keeping it near or nominees that were on the calendar at nominee who was reported out of Com- above 80 for three years. Nearly one the end of last year? Up until last mittee with a split roll call vote Judge out of every 11 Federal courts is cur- month, we were considering nominees Shwartz of New Jersey should not have rently vacant. As a current report from that could and should have been con- been controversial, as seen by the bi- the nonpartisan Congressional Re- firmed last year. Given that we have partisan support she has received from search Service confirms, not a single only confirmed eight judicial nominees New Jersey’s Republican Governor one of the last three presidents has had that were reported by the Committee Chris Christie. judicial vacancies increase after their this year and only two of them circuit Every circuit court nominee that first term. President Obama will likely court nominees it seems oddly pre- Senate Republicans currently refuse to be the first given partisan obstruction. mature to declare an artificial cut-off consent to vote on have been rated The same recent CRS report notes that of confirmations when our work this unanimously ‘‘well qualified’’ by the the median time circuit nominees have year has only just begun. Among those nonpartisan ABA Standing Committee had to wait before a Senate vote has now being blockaded are nominees on the Federal Judiciary, the highest skyrocketed from 18 days for President waiting since March of this year. So by possible rating. These are not con- Bush’s nominees to 132 days for Presi- delaying last year’s nominees until troversial nominees. They are qualified dent Obama’s. This is the result of Re- May, Senate Republicans effectively and should be considered as consensus publican foot dragging and obstruction. prevented consideration of the nominees and confirmed. By invoking Last year Senate Republicans again re- Shwartz, Taranto and Kayatta nomina- the Thurmond Rule, Senate Repub- fused to act on 19 judicial nominees tions for months after being voted out licans are blocking consent to vote on and delayed consideration of those of the Judiciary Committee. The Sen- superbly qualified circuit court nomi- nominations an extra year. ate Republican leadership is not shut- nees with strong bipartisan support. Three of the five circuit court judges ting off circuit nominees just after This is a new and damaging application finally confirmed this year after June 12, they are blocking nominees of the Thurmond Rule. months of unnecessary delays and a fil- ready for consideration since early Senate tradition has been that in ibuster should have been confirmed March of this year. Presidential election years, nominees last year. The other two circuit court In 2004, a Presidential election year, receive a vote unless they do not have nominees confirmed this year were the Senate confirmed five circuit court bipartisan support. In the past five both subjected to stalling and a par- nominees of a Republican President presidential election years, Senate tisan filibuster by Senate Republicans. that had been reported by the Com- Democrats have never denied an up or So when I hear some Senate Repub- mittee that year. This year we have down vote to any circuit court nominee licans say they are invoking the Thur- confirmed only two circuit court nomi- of a Republican president who received mond Rule and have decided they are nees that have been reported by the bipartisan support in the Judiciary not going to allow President Obama’s Committee this year, and both were Committee. In fact, during the last 20 judicial nominees to be considered, I filibustered. By this date in 2004 the years, only four circuit nominees re- wonder how the American people can Senate had already confirmed 32 of ported with bipartisan support have tell the difference. There are long- President Bush’s circuit court nomi- been denied an up-or-down vote by the standing vacancies with nominees nees, and we confirmed another three Senate and all four were nominated by ready to fill them that Republicans are that year for a total of 35 circuit court President Clinton and blocked by Sen- delaying unnecessarily for months. nominees in his first term. So far, the ate Republicans. While Senate Demo- How do we tell the difference between Senate has only been allowed to con- crats have been willing to work with the Republican obstruction—that was sider and confirm 30 of President Republican presidents to confirm cir- signaled when they filibustered Presi- Obama’s circuit court nominees five cuit court nominees with bipartisan dent Obama’s very first circuit court fewer, 17 percent fewer while higher support, Senate Republicans have re- nominee, a nomination supported by numbers of vacancies remain, and yet peatedly obstructed the nominees of the longest-serving Republican in the the Senate Republican leadership Democratic presidents. In the previous Senate and the nominee’s home state wants to artificially shut off nomina- five presidential election years, a total Senator—and this new application of tions with no good reason. of 13 circuit court nominees have been the Thurmond Rule? There is no reason that the Senate confirmed after June 1. Not surpris- Last week we needed to overcome a could not vote on consensus circuit ingly, 12 of the 13 were Republican filibuster to confirm Justice Andrew court nominees thoroughly vetted, con- nominees. Clearly, this is not tit-for- Hurwitz of Arizona to the Ninth Circuit sidered and voted on by the Judiciary tat as some contend but, rather, a one despite the strong support of his home Committee. There is no reason the Sen- way street in favor of Republican presi- state Senators, Republicans JON KYL ate cannot vote on the nomination of dents’ nominees. and JOHN MCCAIN. Last month the Ma- William Kayatta of Maine to the First The precedent for this decision by jority Leader had to file cloture to se- Circuit, a nominee strongly supported Senate Republican Leadership to shut- cure an up-or-down vote on Paul by both of Maine’s Republican Sen- down the confirmation process for well- Watford of California to the Ninth Cir- ators and reported nearly unanimously qualified consensus nominees is their cuit despite his sterling credentials and by the Committee two months ago. prior actions obstructing President bipartisan support. The year started There is no reason the Senate cannot Clinton’s nominees. Senator SCHUMER with the Majority Leader having to file vote on the nomination of Judge Rob- held a Judiciary Committee hearing in for cloture to get an up-or-down vote ert Bacharach of Oklahoma to the May 2002 to shed light on the harmful on Judge Adalberto Jordan of Florida Tenth Circuit, who was supported by and damaging practice of stalling and to the Eleventh Circuit even though he Senator COBURN during Committee obstructing qualified, consensus nomi- was strongly supported by his Repub- consideration. Senator COBURN said nees that had occurred during the last lican home state Senator. Every single that Judge Bacharach would make a years of the Clinton administration. Of one of these nominees for whom the great nominee for a Republican presi- course, there was the nomination of Majority Leader was forced to file clo- dent. So why is the Republican leader- Bonnie Campbell of Iowa to the Eighth

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.013 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4229 Circuit. Ms. Campbell was the first to be confirmed and the reason they Owens Taylor Cobb in the South Caro- woman ever elected to be Attorney are not being considered is Republican lina Judicial Department. The ABA General of Iowa. She was also once obstruction. This is wrong. I wish they Standing Committee on the Federal named by Time Magazine as one of the would not put politics ahead of the Judiciary unanimously rated Ms. Lewis 25 most influential people in America. needs of the American people. ‘‘qualified’’ to serve on the district She served as President Clinton’s head The across-the-board obstruction of court. I support Ms. Lewis and hope she of the Office on Violence Against President Obama’s nominees is not the will be confirmed. Women. Despite having the support of product of a Thurmond Rule to limit I also hope that Senate Republicans her home state Senators, Senator confirmations at the end of presi- will reconsider their wrongheaded GRASSLEY and Senator HARKIN, she dential election years to nominees with move to shut down the confirmation of never received a Committee vote after bipartisan support. Rather this is a consensus, well-qualified circuit court her hearing. continuation of obstruction that began nominees. Given our overburdened Fed- How ironic that last week the junior as soon as this President was elected. eral courts and the need to provide all Senator from Utah tried to claim cred- Senate Republicans insisted that fili- Americans with prompt justice, we it for progress this year by comparing busters of President Bush’s judicial should all be working in a bipartisan confirmations to the 1996 session. The nominees were unconstitutional, yet fashion to confirm these nominees. Senate Republican majority that year they reversed course and filibustered Mr. GRASSLEY. Mr. President, stalled most of President Clinton’s President Obama’s very first judicial today the Senate turns to another judi- nominees and would not allow the con- nomination, that of Judge David Ham- cial nomination, that of Mary Geiger firmation of any circuit court nomi- ilton of Indiana, a widely-respected 15- Lewis, to be U.S. district judge for the nees. That is not a record to be proud year veteran of the Federal bench nom- District of South Carolina. Once again, of but a record that led to Chief Justice inated to the Seventh Circuit and who for the third time this month, we have Rehnquist criticizing the Senate Re- had the support of his home state Sen- a nonconsensus nominee brought be- publicans for their obstruction. This ator, the longest-serving Republican in fore the Senate. I oppose this nomina- should not be a race to the bottom but the Senate. Senate Republicans filibus- tion and urge all Senators to do like- that seems to be the intent of Senate tered the nomination of Judge Barbara wise. Republicans. Keenan of Virginia to the Fourth Cir- We continue to confirm the Presi- dent’s nominees at a brisk pace. We al- By contrast, if we look at the last cuit before she was confirmed 99–0, and ready confirmed 149 nominees of this two presidential election years, we will the nomination of Judge Denny Chin of President to the district and circuit see we were able to bring the number of New York to the Second Circuit was courts. We also have confirmed two Su- judicial vacancies down to the lowest filibustered before he was confirmed preme Court nominees during Presi- levels in the past 20 years. In 2004 at 98–0 after four months of needless end of President Bush’s first term, va- dent Obama’s term. delays. For those who claim this President is cancies were reduced to 28 not the 75 at At a time when judicial vacancies re- being treated differently, let me put which they are today. In 2008, in the mained historically high for three that in perspective for my colleagues, last year of President Bush’s second years, with 30 more vacancies and 30 with an apples-to-apples comparison. term, we again worked to fill vacancies fewer confirmations than at this point The last time the Senate confirmed and got them down to 34, less than half in President Bush’s first term, I would two Supreme Court nominees was dur- of what they are today. In 2004, 25 hope the Senate Republican leadership ing President Bush’s second term. Dur- nominees were confirmed between June would reconsider and work with us on ing President Bush’s entire second and the presidential election, and in filling these longstanding judicial va- term, the Senate confirmed a total of 2008, 22 nominees were confirmed be- cancies to help the American people. only 119 district and circuit court tween June and the presidential elec- We have well-qualified, consensus nominees. If Ms. Lewis is confirmed tion. nominees with bipartisan support who today, we will have confirmed 31 more The nonpartisan Congressional Re- can fill these vacancies. It is only par- district and circuit nominees for Presi- search Service recently released a re- tisan politics and continued tactics of dent Obama than we did for President port confirming that judicial nominees obstruction that stand in the way. Bush, in similar circumstances. continue to be confirmed in presi- Is it any wonder why Congress is so During the last Presidential election dential election years, except it seems unpopular? I take no comfort in the year, 2008, the Senate confirmed a total when there is a Democratic President. rise in the congressional approval rat- of 28 judges—24 district and 4 circuit. In five of the last eight presidential ing—it is from 9 percent to 17 percent. With a confirmation today, we will election years, the Senate has con- This is this kind of obstruction that match that number. We have already firmed at least 22 circuit and district turns off the American people. Stop the confirmed five circuit nominees, and court nominees after May 31. The nota- senseless obstruction—whether you this will be the 23rd district judge con- ble exceptions were during the last call it the Thurmond Rule or not—and firmed this year. years of President Clinton’s two terms start helping the American people by Some have complained about the in 1996 and 2000 when Senate Repub- easing the burden on them and the length of time to confirm these judges, licans would not allow confirmations courts around the country. focusing only on one phase of the con- to continue. Otherwise, it has been the Today, the Senate will vote on the firmation process. rule rather than the exception. So, for nomination of Mary Geiger Lewis to In reality, the timeframes are com- example, the Senate confirmed 32 in fill a judicial vacancy in the U.S. Dis- parable for nomination to confirma- 1980; 28 in 1984; 31 in 1992; 28 in 2004 at trict Court for the District of South tion. For President Bush, that time the end of President George W. Bush’s Carolina. Ms. Lewis has the support of frame was around 211 days; for Presi- first term; and 22 after May 31 in 2008 her Republican home state Senator dent Obama, it is 222 days. at the end of President Bush’s second LINDSEY GRAHAM. Her nomination was We take this time for review because term. voted on and received bipartisan sup- our inquiry of the qualifications of We have heard lots of excuses from port in the Judiciary Committee over nominees must be rigorous. At the be- Senate Republicans, who have tried to three months ago. I thank the Majority ginning of this Congress, I articulated shift the blame for the judicial vacancy Leader for his work in securing a vote my standards for judicial nominees. I crisis to the President—much as they on this nomination. want to ensure that the men and try to blame him for the debt of Euro- Mary Lewis has worked in private women who are appointed to a lifetime pean countries and other matters. practice for over 25 years at the law position in the Federal judiciary are They claim that the President has not firm Lewis & Babcock LLP, and has qualified to serve. Factors I consider made enough nominations. With last tried approximately 15 cases to verdict important include intellectual ability, week’s announcement that Senate Re- or final judgment. Born in Columbia, respect for the Constitution, fidelity to publicans refuse to confirm any more South Carolina, she earned her J.D. the law, personal integrity, appropriate circuit court nominees, that excuse from the University of South Carolina judicial temperament, and professional melts away. There are nominees ready and served as a law clerk to Judge competence.

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.014 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4230 CONGRESSIONAL RECORD — SENATE June 18, 2012 Last year, I became increasingly con- Wisconsin (Mr. JOHNSON), the Senator and many other people up as well. We cerned about some of the judicial from Illinois (Mr. KIRK), the Senator read about the cyber attacks by the nominations being sent to the Senate. from Kansas (Mr. MORAN), the Senator Chinese, and we read about Iran. The In a few individual cases, it was very from Florida (Mr. RUBIO), the Senator Secretary has described it as an evolv- troublesome. The nomination of Ms. from Pennsylvania (Mr. TOOMEY), and ing and urgent threat in our future. Lewis was one of those that gave me the Senator from Louisiana (Mr. VIT- Our Nation’s security depends on win- concern. When applying the standards I TER). ning the battle in cyberspace. have articulated, it is my judgment The PRESIDING OFFICER (Mrs. Unfortunately, the Air Force is in that Ms. Lewis falls short and should HAGAN). Are there any other Senators the midst of a four-structure change not be confirmed. in the Chamber desiring to vote? that ignores the crucial facts I have The Senate process for reviewing the The result was announced—yeas 64, just stated. At a time when cyber professional qualifications, tempera- nays 27, as follows: threats are growing more important ment, background, and character is a [Rollcall Vote No. 122 Ex.] each day, the Air Force is making long and thorough process. These YEAS—64 questionable decisions that, in my opinion, create an unnecessary risk to issues need to be fully examined; nomi- Akaka Gillibrand Murray nations are not just rubberstamped. Alexander Graham Nelson (NE) our Nation’s cyber defenses and our At the conclusion of that lengthy Ayotte Hagan Nelson (FL) ability to deal with those very threats. process, a substantial majority of Re- Baucus Hoeven Pryor It makes absolutely no sense at this Begich Hutchison publicans on the Judiciary Committee Reed point in time. Bennet Inouye Reid determined that this nomination Bingaman Johnson (SD) That is why just a few weeks ago the Rockefeller House and Senate Armed Services should not be reported to the Senate. Blumenthal Kerry Sanders Boxer Klobuchar Nevertheless, we now have the nomi- Schumer Committee took strong action to pre- Brown (MA) Kohl Shaheen vent what the entire Massachusetts nation before us. Even so, there are Brown (OH) Landrieu Snowe reasons sufficient to oppose this nomi- Cantwell Lautenberg delegation believed was a premature Stabenow nee. Ms. Lewis has limited courtroom Cardin Leahy proposal by the Air Force to reduce Carper Levin Tester Hanscom’s leadership from a three-star experience and little criminal law ex- Cochran Lieberman Udall (CO) perience. Her responses in her ques- Udall (NM) general to a two-star general. Collins Lugar The elimination of the ESC com- tionnaire and hearing regarding her Conrad Manchin Warner Webb mander position at Hanscom will di- legal experience indicated her signifi- Coons McCain Corker Menendez Whitehouse minish our cyber capabilities and focus cant cases were handled more than 10 Durbin Merkley Wicker across the entire force, and that is not years ago and was more of a team ef- Feinstein Mikulski Wyden good at this point in time. That is the fort than individual experience. At her Franken Murkowski last thing we need in the midst of a hearing she was not prepared to discuss NAYS—27 cyber attack. the legal principles involved in a case Barrasso DeMint Lee In response, Representative TSONGAS her firm took to the Supreme Court. Blunt Enzi McConnell of Massachusetts inserted a provision For these reasons and others, I will Boozman Grassley Paul Burr Hatch Portman in this year’s National Defense Author- vote nay on this nomination and urge Chambliss Heller Risch ization Act that was passed by the full my colleagues to do likewise. Coats Inhofe Roberts House of Representatives which re- Coburn Isakson Sessions I suggest the absence of a quorum quired the Secretary of the Air Force and ask unanimous consent that the Cornyn Johanns Shelby Crapo Kyl Thune to remain and retain core functions at time be equally divided. NOT VOTING—9 Hanscom as they existed on November The PRESIDING OFFICER. Without 1, 2011. Her language was aimed at re- objection, it is so ordered. Casey Kirk Rubio taining Hanscom’s three-star leader- The clerk will call the roll. Harkin McCaskill Toomey Johnson (WI) Moran Vitter ship. The legislative clerk proceeded to Similarly, I worked with Senator The nomination was confirmed. call the roll. LIEBERMAN and our Senate Armed The PRESIDING OFFICER. Under Mr. TESTER. Mr. President, I ask Services Committee to include lan- the previous order, the motion to re- unanimous consent that the order for guage in the Senate Armed Services consider is considered made and laid the quorum call be rescinded. markup reported version of the Defense upon the table. The PRESIDING OFFICER. Without authorization bill that directs the Air objection, it is so ordered. The President will be immediately Force to keep in place the current Mr. TESTER. I ask that all time be notified of the Senate’s action. leadership rank structure until the two yielded back. f defense committees have had an oppor- The PRESIDING OFFICER. Is there LEGISLATIVE SESSION tunity to review the recommendations objection? Without objection, it is so of the National Commission on the The PRESIDING OFFICER. The Sen- ordered. All time is yielded back. Structure of the Air Force. The question is, Will the Senate ad- ate will resume legislative session. Given Secretary Panetta’s warning, I vise and consent to the nomination of f believe we must pay particular atten- Mary Geiger Lewis, of South Carolina, FLOOD INSURANCE REFORM AND tion to any changes that relate to cy- to be United States District Judge for MODERNIZATION ACT—MOTION bersecurity. The Massachusetts delega- the District of South Carolina? TO PROCEED—Continued tion has been united in declaring that Mr. TESTER. Mr. President, I ask for both Hanscom’s mission and the senior The Senator from Massachusetts. the yeas and nays. leadership should be preserved in order The PRESIDING OFFICER. The PRESIDING OFFICER. Is there a to bring forth the best cyber capabili- sufficient second? HANSCOM AIR FORCE BASE ties our country has to offer. There appears to be a sufficient sec- Mr. BROWN of Massachusetts. Both defense committees have spo- ond. Madam President, I rise today to speak ken with one voice to the Air Force: The clerk will call the roll. about the Electronic Systems Center Stand down with this change until The assistant legislative clerk pro- at Hanscom Air Force Base in Massa- both committees receive more informa- ceeded to call the roll. chusetts and its role in our Nation’s tion about how the proposed force Mr. DURBIN. I announce that the cybersecurity. structure changes will impact our cy- Senator from Pennsylvania (Mr. I want to clarify a situation we face bersecurity. CASEY), the Senator from Iowa (Mr. as a nation. First, the Secretary of De- I also wish to explain why the delega- HARKIN), and the Senator from Mis- fense has said loudly and clearly that tion feels so strongly about this. Mas- souri (Mrs. MCCASKILL) are necessarily the threat of cyber attacks on our sachusetts has been a national security absent. country and the need for America to and information technology leader for Mr. KYL. The following Senators are develop strong military capabilities many decades. Groundbreaking innova- necessarily absent: the Senator from keeps him up at night, and it keeps me tion in cybersecurity is taking place in

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.020 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4231 Massachusetts as we speak—perhaps and Federal troops arrived in Gal- UTILITY MACT more than any other State in our en- veston, TX, to enforce emancipation. Mr. INHOFE. Madam President, as tire Nation. That innovation is hap- Since then, Americans in Texas and we know, the Senate will take a vote pening at Hanscom, at universities throughout the United States have this week on the CRA that I have of- such as the Massachusetts Institute of celebrated Juneteenth, which is the fered concerning Utility MACT. Utility Technology, and in our defense sector. oldest known celebration of the end of MACT is a requirement. MACT, of Our capabilities are second to none. slavery in our country. course—M–A–C–T—means maximum The Electronic Systems Center at To celebrate that day, people from achievable controlled technology. One Hanscom has unlimited potential to all backgrounds—not only African of the problems with the overregula- take on future missions and future Americans and not only descendants of tion we have with a lot of these emis- threats in the realm of cybersecurity. slaves but people of all backgrounds sions is that there is no technology to The Air Force and the MIT Lincoln and ethnicities—will gather in special accommodate this. In the case of Util- Lab are now upgrading their partner- places all over Ohio. They will gather ity MACT, I think everyone under- ship to enhance our Nation’s ability to at Franklin Park in Columbus, our stands now that this is an effort to kill meet key and growing cyber require- State capital. They will gather at ‘‘The coal. I know there are a lot of reasons ments. The Department of Defense and Coming of Emancipation’’ memorial people have, but recently some things the Air Force continue to depend on service in Oberlin, just a few miles have happened, and I thought I would Hanscom’s unmatched cyber expertise. from my house, the site of visits from mention them as we look toward this To ensure our Nation’s crucial cyber Martin Luther King and the site of the bill. It looks as though it is going to be defense, I say again very firmly today Underground Railroad where those es- on Wednesday. It looks as if there will that the Air Force must preserve the caping slavery were housed on their be some speaking time on Tuesday, and senior three-star leadership in Massa- way to Canada. Ohioans will reflect in on Wednesday we will actually have chusetts. Doesn’t it make sense for our Westwood Cemetery in Oberlin, where the vote. military’s cyber leadership, expertise, former slaves and famous abolitionists As we all know, a CRA is an effort for and talent to be based in a location are buried. At Cincinnati’s Juneteenth elected officials to reflect upon over- where some of the world’s most leading Festival in Eden Park, families and regulation and to stop a regulation. research and technological develop- visitors will gather on one of the hill- After all, we are the ones who are ac- ment is actually taking place? Placing tops overlooking the Ohio River, which countable to the people and not the En- Hanscom’s cyber team under a chain of slaves saw while coming from Ken- vironmental Protection Agency. command with a 3-star general in an- tucky into freedom as they crossed the The breaking news is that President other State with a number of other Air river into the North. They will remem- Obama just issued a statement this Force responsibilities diminishes our ber the perilous journey to freedom afternoon that he will veto my resolu- Nation’s ability to deliver critical that many made at the banks of that tion if it passes. Just before that an- cyber tools and resources and impacts river. In Wilberforce, an African-Amer- nouncement from the White House this our ability to respond to the ever-grow- ican school—a university in southwest afternoon, Representatives ED MARKEY ing cyber threat. and HENRY WAXMAN came out fighting Congress has spoken in a bipartisan Ohio—and Zanesville, in with a new report detailing what Rep- and bicameral way. We have stated our Newcomerstown and Cleveland, Ohio- resentative WAXMAN has called the position clearly. The Air Force should ans will hold ceremonies of remem- most anti-environmental House of Rep- not move forward with any force struc- brance and celebration. resentatives in history. I wish to re- ture changes at Hanscom until Con- On Juneteenth Independence Day, es- mind my Democratic friends that 19 gress has had an opportunity to review pecially, we have yet another oppor- House Democrats supported the com- what our appropriate force structure tunity to celebrate our great Demo- panion legislation in the House—the mix should be, particularly as it re- cratic traditions—our American inge- same thing we will be voting on here. lates to cybersecurity. We absolutely, nuity, innovation, and imagination. We positively must be ready to meet this celebrate the rich heritage and vibrant Democrats and many of the labor next-generation threat—the one that culture of all Americans who are de- unions have sent letters in support of keeps Secretary Panetta up at night. I scendants of enslaved people on Amer- my resolution, so it is not just Repub- will continue to fight to make sure we ican soil. We celebrate the ingenuity of licans whose constituents are feeling are prepared. Ohioans such as Columbus native Gran- the pain of the EPA’s regulations. I thank the Chair and yield the floor. ville T. Woods, who invented the tele- To my Democratic friends in the The PRESIDING OFFICER. The Sen- graph device that sent messages from House, I beg to differ—it is not that ator from Ohio. moving trains and train stations. We this Congress is anti-environmental; it Mr. BROWN of Ohio. Madam Presi- celebrate the innovation of Ohioans is that the EPA is the most radical dent, I ask unanimous consent to speak such as Garrett Morgan, a Clevelander EPA in history, aggressive to the point as in morning business for up to 5 min- who invented the traffic light. We cele- that even the left-leaning Washington utes. brate the imagination and wisdom of Post has called out the Agency for The PRESIDING OFFICER. Without Ohioans such as Nobel Prize-winning ‘‘earning a reputation for abuse.’’ Of objection, it is so ordered. and recent Presidential Medal of Free- course, this is the same EPA whose top CELEBRATING JUNETEENTH INDEPENDENCE DAY dom honoree Toni Morrison of Lorain, officials have told us they are out to Mr. BROWN of Ohio. Madam Presi- OH. crucify the American energy producers. dent, I rise today in support of a reso- In America, progress is never prom- We all remember the sixth area of lution I am cosponsoring to commemo- ised, but through the work of dedicated the EPA, when Mr. Armendariz came rate Juneteenth Independence Day. citizens, we move closer to being the out and made this statement to some In just 2 weeks, Americans will gath- Nation our Framers envisioned. We can of his supporters: We need to do the er, of course, as we know, to celebrate work together toward achieving a more same thing the Romans did. We re- the Fourth of July, but it is important perfect union, where justice isn’t lim- member back in the old days when to remember that when our Nation ited to the powerful but is also acces- they were going around the Mediterra- gained its independence, there were sible to the people. nean and they would go into the towns some 450,000 enslaved people in the 13 Today I am proud to commemorate in Turkey and they would crucify the States. It wasn’t until June 19, 1865, Juneteenth Independence Day. first five people they would see. That more than 2 years after President Lin- I yield the floor. gets them under their control. coln issued the Emancipation Procla- The PRESIDING OFFICER. The Sen- He said: That is what we have to do. mation, which liberated a limited num- ator from Oklahoma. He said: That is going to be our oper- ber of people, that enslaved people in Mr. INHOFE. I ask unanimous con- ation. the Southwestern States finally sent to speak as in morning business Well, we went through that, and of learned of their freedom. for 15 minutes. course he is no longer there. Months after the 13th amendment The PRESIDING OFFICER. Without Over the course of President Obama’s was ratified, Army MG Gordon Granger objection, it is so ordered. Presidency, whatever they could not

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.022 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4232 CONGRESSIONAL RECORD — SENATE June 18, 2012 achieve through legislation they have ergy resources—coal. We have to keep the 91% reduction proposed by the EPA tried to achieve through aggressive, in mind that right now, in order to run would destroy the economy. Is that really onerous EPA regulations. They tried this machine called America, 50 per- such a huge difference? Or is he just playing politics with public health? first of all to do it through legislation. cent of it is actually being done on Remember the cap-and-trade legisla- coal. That is a good question: What is the tion—they tried for 10 years to get that I wish to address the public health difference between Clear Skies and done. Finally, each year they brought debate which has long been the excuse Utility MACT? It is very simple. Clear it up, more and more people in this for those in this administration who Skies would have reduced emissions dramatically—by 70 percent—now we body, the U.S. Senate, were opposed to simply want to kill coal. It was cer- are talking about reducing emissions a cap-and-trade system to do away tainly the excuse President Obama on SO , NO , and mercury—but it with greenhouse gases and to put regu- used today to defend his decision to X X would have done it without threat- veto my resolution. Let’s be clear lations on them. Well, every time a ening to kill coal and the millions of vote comes up, there is a larger major- about one thing from the outset: If the jobs that coal sustains. ity opposed to it because the people of effort behind Utility MACT were really On the other hand, Utility MACT is this country are concerned about the about public health, then my Demo- specifically designed to kill coal. It economy and the fact that this would cratic colleagues would have joined our makes no effort whatsoever to balance be very costly. It was President Obama efforts way back in 2005 and passed the environmental protection and eco- who said that with the cap-and-trade Clear Skies bill—a bill that would have nomic growth. regulations, it would be very expensive. put a plan in place to achieve a 70-per- Now who is playing politics with pub- Now, when they couldn’t pass the cent reduction in mercury emissions— lic health? If public health were the Clean Water Restoration Act, the same but they didn’t. We all remember why. priority, why did President Obama and thing happened. Remember, that was We wanted to include in this bill SoX, his fellow Democrats vote against a 70- introduced by Senator Feingold from NoX, and mercury—the real pollut- percent reduction way back in 2005? Wisconsin and by Representative Ober- ants—a mandatory 70-percent reduc- What is this effort about? It is about star in the House. And not only did tion, and they said we can’t do it be- one thing: killing coal. And killing they defeat overwhelmingly the Clean cause we don’t also have CO2 anthropo- coal is the centerpiece of their radical Water Restoration Act, but the two in- genic gases that are covered by this global warming agenda. Remember dividuals who were the sponsors in the bill. So it was held hostage, and con- then-Senator Obama said that he voted House and the Senate were both de- sequently we weren’t able to get it against the health benefits in Clear feated in the next election. passed. Skies because he thought ‘‘global So just how radical is President I can remember President Obama warming was critical.’’ In other words, Obama on environmental issues? By said: global warming was more important imposing these backdoor global warm- I voted against the Clear Skies bill. In fact, than any of the considerations regard- ing cap-and-trade regulations through I was the deciding vote despite the fact that ing health. And these are real pollut- the EPA, President Obama is fulfilling I’m a coal State and that half of my State ants: SOX, NOX, and mercury. his campaign promise that energy thought I’d thoroughly betrayed them be- Importantly, the Senate will take prices would necessarily skyrocket— cause I thought clean air was critical and this vote on my resolution just as the his words. By vetoing the Keystone global warming was critical. world leaders are gathering in Rio de Pipeline, he gave the far left what one At an Environment and Public Works Janeiro. Right now they are down of his supporters called the biggest hearing in April of this year, Senator there gathering at the Rio + 20 Sus- global warming victory in years. By fi- BARRASSO asked Brenda Archambo tainable Development Conference. nalizing the most expensive EPA rule from the National Wildlife Federation Let’s remember what happened 20 in history, he is making good on his if the American people would have years ago. In 1992, that was the con- campaign promise that if anybody been better off if the Senate had passed ference in Rio where they all got to- wants to build a coal-fired powerplant, the Clear Skies bill back in 2005, and gether, and they were going to be doing they can; it is just that it will bank- her answer was ‘‘absolutely.’’ Of all these things on anthropogenic gases rupt them. And he succeeded in throw- course, the National Wildlife Federa- and all of that. President Obama, who ing hundreds of millions of taxpayers’ tion was not happy that we were call- is now busy pretending to be a fossil dollars out the window on companies ing attention to Ms. Archambo’s ad- fuel President to garner votes, will not such as Solyndra, which he said would mission, so over the weekend they ac- be attending. But he is sending his lead us to a brighter and more pros- cused my staff of twisting her words. ‘‘green team’’ to negotiate on his be- perous future. My staff did nothing of the sort. Not half. But President Obama is not running only did Ms. Archambo say that mer- What is this conference about? As on this record of accomplishments. cury reductions in 2005 would abso- Fox News reported back in April: Why? Because Americans are worse off, lutely have made Americans better off, The main goal of the much-touted, Rio + 20 not better off, for it. They are out of she reiterated that same point later United Nations Conference on Sustainable Development . . . is to make dramatic and when Senator BARRASSO asked her work, and they are struggling to make enormously expensive changes in the way ends meet under the pain of regula- again, ‘‘It would have been better if that the world does nearly everything—or, as tions that cause their energy prices to they had done it in 2005?’’ Ms. one of the documents puts it, ‘‘a funda- skyrocket. So he is running as far Archambo replied, ‘‘Sure.’’ The entire mental shift in the way we think and act.’’ away from that radical record as pos- exchange from the hearing has been Utility MACT is a huge part of this sible. posted on our EPW Web site for anyone effort to change the way we live and to So what are we trying to do in the who wants to see exactly what was spread the wealth around, and that is Senate by stopping Utility MACT? We said. what they are talking about down are trying to prevent the President I do not think it gets any clearer there. We have started invoking a new from achieving another aspect of his than that. Commonsense reductions tax system. radical global warming agenda and earlier would have made us better off. U.N. Secretary General Ban Ki-moon hopefully restore some sanity and bal- That was 2005 when we would have had proposes how sustainable development ance to this out-of-control regulatory these reductions, mandatory reduc- challenges ‘‘can and must be ad- regime. tions, in a very short period of time; dressed.’’ He included—now I am I think everyone in this body can and that time is more than 50 percent quoting him—more than $2.1 trillion a agree that we all share a commitment expired at this time. year in wealth transfers from rich to improving air quality, that it should In a National Wildlife Federation countries to poorer countries, in the be done in a way that doesn’t harm blog accusing me of twisting Ms. name of fostering ‘‘green infrastruc- jobs and the economy and cause elec- Archambo’s words, the author says: ture,’’ ‘‘climate adaptation,’’ and other tricity prices to skyrocket on every An odd part of Sen. Inhofe’s attack: He’s ‘‘green economy’’ measures. American or do away with one of the essentially saying a 70% reduction in mer- He is advocating for new carbon most reliable, abundant, affordable en- cury emissions would’ve been just dandy, but taxes—that is on us—for industrialized

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.023 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4233 countries that could cost about $250 Last Friday was another case in Those who are still here are growing billion a year or 0.6 percent of gross do- point. President Barack Obama de- older. And when they graduate from mestic product by 2020. Other environ- clared that his administration will no college, they are stuck, unable to mental taxes are mentioned but not longer deport immigrant students who work, unable to contribute to the only specified. grew up in America. This action will country they know. Also included are further unspecified give these young immigrants the That is why President Obama, using price hikes that extend beyond fossil chance to come out of the shadows and his Presidential authority, did such an fuels to anything derived from agri- be part of the only country they have important thing to help these immi- culture, fisheries, forestry, or other ever called home. With that decisive grant students. The President granted kinds of land and water use, all of executive decision, America took an- them a form of relief known as ‘‘de- which would be radically reorganized. other step toward fulfilling the Found- ferred action,’’ which puts a hold on These cost changes would ‘‘contribute ers’ promise of justice for all. their deportation and allows them, on to a more level playing field between It has been 11 years—11 years—since I a temporary, renewable basis, to live the established, ‘brown’ technologies first introduced the DREAM Act—leg- and work legally in America. and newer, greener ones.’’ islation that would allow a select That was the right thing to do. These He has advocated for major global so- group of immigrant students with real students grew up here pledging alle- cial spending programs, including a potential to contribute more fully to giance to our flag and singing the only ‘‘social protection floor’’ and ‘‘social America. national anthem they know. They are safety nets’’ for the world’s most vul- The DREAM Act would give these Americans in their heart and in their nerable social groups for reasons of students a chance to earn citizenship if mind. They did not make the decision ‘‘equity.’’ they came to the United States as chil- to come to this country; their parents It is all talking about more higher dren, they have been long-term U.S. did. taxes on the developed world to go to residents, they have good moral char- As Homeland Security Secretary the benefit of the underdeveloped acter, graduate from high school, and Janet Napolitano said last Friday, im- world. This is the same thing they were either complete 2 years of military migrants who were brought here ille- talking about 20 years ago. service or 2 years of college. gally as children ‘‘lacked [any] intent I think it is very timely that this is The DREAM Act has a history of to violate the law.’’ And it is not the happening today. It is happening at the broad bipartisan support. When I first American way to punish children for very moment we will be voting on introduced it, Senator ORRIN HATCH, their parents’ actions. We do not do Wednesday as to whether to kill coal. Republican from Utah, was my lead co- that in any aspect of the law in this By the way, this is the only vote that sponsor. In fact, we had kind of a head country. Why would we do it here? will be taken this year or probably ever to head—who was going to be the first There will always be critics when the to ultimately kill coal. Once this is name: HATCH or DURBIN? Since the Re- President uses his power, as he did last Friday. In fact, some Members of Con- passed, then, of course, the contracts publicans were in the majority, I bowed gress attacked President Truman when are all broken and we have to figure toward Senator HATCH. In 2006—when Republicans last con- he ordered the desegregation of Amer- out: What are we going to do in this trolled this Congress—the DREAM Act ica’s military. They said Truman’s country? If you kill coal, how do we passed the Senate as part of com- order would hurt the military. Many run this machine called America? The prehensive immigration reform on a 62- even claimed Truman had performed answer to that question is, you cannot to-36 vote, with 23 Republicans voting an illegal act as President. do it. for the DREAM Act. Unfortunately, Today, many of the naysayers in this So it is very important, and I do not the Republican leaders in the House re- generation claim that halting the de- think there is any doubt in anyone’s fused to even consider the bill. portation of DREAM Act students will mind that the real purpose of the vote Republican support for the DREAM hurt the economy and that it too may that will take place on Wednesday is to Act, unfortunately, has been dimin- be illegal. President Truman’s critics kill coal in America. And America can- ishing over the years. The last time the were wrong, and so are President not provide the necessary energy to DREAM Act was considered in Con- Obama’s. run its machine and be competitive gress, the bill passed the House under President Obama’s new deportation without coal. So it is a critical vote, the leadership of Congressman LUIS policy will make America a stronger and it is one that I think people are GUTIERREZ of Illinois and received a nation by giving these talented immi- aware of that is going to be taking strong majority vote in the Senate. grants the chance to contribute more place. But only eight Republican House Mem- fully to our economy. With that, I yield the floor. bers and three Republican Senators Studies show these young people I suggest the absence of a quorum. voted for the bill. What a change in could contribute literally trillions of The PRESIDING OFFICER. The such a short period of time. dollars to the American economy dur- clerk will call the roll. Let’s be clear: The only reason the ing their working lives. They are the The legislative clerk proceeded to DREAM Act is not the law of the land doctors, engineers, teachers, and sol- call the roll. of America is because we consistently diers who will make us a stronger na- Mr. DURBIN. Madam President, I ask face a Republican filibuster whenever tion. Why would we waste that talent? unanimous consent that the order for we bring up this bill. They have been educated and trained the quorum call be rescinded. The vast majority of Democrats con- in the United States. We have invested The PRESIDING OFFICER. Without tinue to support the DREAM Act, but in these people. Let us at least see the objection, it is so ordered. the reality is it cannot pass without fruits of this investment, the benefits THE DREAM ACT support from my colleagues on the that can come to America. Mr. DURBIN. Madam President, other side of the aisle. That is why I Let’s be clear. What the Obama ad- more than two centuries ago, in the have always said I am open to sitting ministration has done in establishing Declaration of Independence, our down with anyone, Republican or Dem- this new process for prioritizing depor- Founding Fathers wrote that ‘‘all men ocrat, who is interested in working in tations is perfectly appropriate and are created equal.’’ America has some- good faith to solve this problem. legal. Throughout our history, the gov- times fallen short of that ideal, but the I am personally committed to pass- ernment has decided whom to pros- history of our country has been a slow ing the DREAM Act, no matter how ecute, and whom not to prosecute march toward equality for all. long it takes. But the young people based on law enforcement priorities We have seen Presidents play a key who would be eligible for the DREAM and available resources. role in expanding freedom and equal- Act cannot wait any longer for Con- The Supreme Court has held this: ity. Who can forget Harry Truman’s de- gress to act. Many have been deported An agency’s decision not to prosecute . . . segregation of the military, which set from the only country they have ever is a decision generally committed to an the stage for a Supreme Court decision known: America. They have been sent agency’s absolute discretion. and a civil rights era that has literally off to countries they do not remember President Obama granted deferred changed the face of America? with languages they do not speak. action—to use the technical term—to

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.024 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4234 CONGRESSIONAL RECORD — SENATE June 18, 2012 DREAM Act students. Past administra- It is easy to criticize the President’s Manny pure and simple. [He is] in the top tions, both Democratic and Repub- new deportation policy when it is an two percent [of students] in terms of bril- lican, have used deferred action to stop abstract debate and we are talking liance, work ethic, personal qualities. deportation of low-priority cases. about constitutional legal authority Thanks to President Obama’s execu- Last month, 90 immigration law pro- and deferred action and so forth. tive order last Friday, Manny Bartsch fessors sent a letter to the President I think what has brought this debate and other DREAM Act students will arguing that the executive branch has to where it stands today are the real continue to be able to live and work le- ‘‘clear executive authority’’ to grant stories, the stories of these young peo- gally in America. deferred action to DREAM Act stu- ple. I have tried almost every week to I ask the critics of that policy this: dents. The letter explains that the ex- come to the floor to tell a DREAM Act Would we be better off if we deported ecutive branch has granted deferred ac- story. Today, I wish to tell one more. Manny back to Germany, a country he tion since at least 1971 and that Fed- This is a photo of Manny Bartsch, left when he was a little boy? Of course eral courts have recognized this au- who was born in Germany. He was not. thority since at least the mid-1970s. abused and neglected by his parents, so Manny grew up in America. He These immigration experts have also his grandmother became his guardian. doesn’t have any criminal background. noted there are a number of precedents After Manny’s grandfather passed He is no threat to our country. He will for granting deferred action to groups away, his grandmother married an make America stronger if we just give of individuals such as DREAM Act stu- American soldier. When Manny was 7 him a chance. dents. years old, sadly, his grandmother was Manny isn’t just one example. There The President’s action is not just tragically killed by a drunk driver. His are a lot more—literally hundreds, if legal, it is also a smart and realistic step-grandfather decided to return to not thousands, of others just like him. approach to enforcing our immigration America, and he brought Manny with When the history of civil rights in laws. Today, there are millions of un- him. They moved to Gilboa, a small this century—the 21st century—is writ- documented immigrants in the United town in northwestern Ohio. ten, President Obama’s decision to States, and it would literally take bil- Unfortunately, Manny’s step-grand- grant deferred action to DREAM Act lions of dollars to deport them. father, wanting to protect him, failed students will be a key chapter. The Department of Homeland Secu- to file any papers for Manny to become But It is also clear this is only a tem- rity has to set priorities about which a U.S. citizen. But Manny grew up in porary solution. It doesn’t absolve Con- people to deport and which not to de- Ohio, where he went to elementary gress—the Senate and the House—from port. school and high school. When Manny tackling this difficult but critically The Obama administration has estab- was preparing to apply for college, he important issue. It is a matter of jus- lished a deportation policy that makes learned he didn’t have any legal status tice as well as for the future of our it a high priority to deport those who in America. economy. This is still our burden and have committed serious crimes or are a Manny wanted to do the right thing, responsibility. It was 2 years ago when threat to public safety. I totally sup- so he made an appointment with Immi- I sent this letter with Senator LUGAR. port that approach. President Obama gration Services to clear up things. I am grateful there was a President has said we will not use our limited re- When he showed up for his appoint- who read it and listened and had the sources to deport DREAM Act stu- ment, Manny was arrested and de- courage to act. His courage in standing dents. tained. He was 17 years old. for these young people will make us a Some of my Republican colleagues Here is what Manny said about the better nation, and, equally important, have claimed this is a sort of backdoor prospect of being deported to Germany, it will bend that arc toward justice amnesty. That isn’t even close to being a country he left as a little boy: again. true. This is simply a decision to focus I don’t know anybody over there. This is At the end of the day, these young limited government resources on seri- my home. This is where everybody I know people will make the case for why this ous criminals and other public safety lives, and to have to think about leaving, I was the right thing to do. I have no threats. DREAM Act students will not just wouldn’t be able to imagine it. doubt in my mind that when the bal- receive permanent legal status or citi- Manny’s friends and family rallied ance sheet comes in on these DREAM zenship under the President’s order. behind him, asking for his deportation This policy has strong bipartisan Act students, we are going to say to be at least temporarily suspended. thank goodness we did this. I person- support in Congress. I wish to say a Thanks to the community support, he special word about a colleague. Two ally salute the President for his leader- was ultimately allowed to stay. He ship. This was a historic and humani- years ago, Indiana Republican Senator went on to college at Heidelberg Uni- RICHARD LUGAR joined me—crossing tarian moment. It has changed the de- versity in Tiffin, OH. bate in America about immigration the aisle—to ask the Department of Last month, Manny graduated with a and has given these young people a Homeland Security to grant this de- major in political science and a minor ferred action. I called him on Friday chance. in history. He was president of his fra- I called one of those students on Fri- and said: Dick, I just want to tell you ternity and has been active in commu- how much I respect you. It took us 2 day, Gabby Pacheco. She is the best. nity service. For instance, for the last She walked from Florida to Wash- years, but we got it done. 4 years, he has organized a fundraiser He was the only Senator from the ington to dramatize the DREAM Act. to purchase Christmas presents for She came out publicly and said: I am other side of the aisle with the courage children with cancer at the Cleveland to step up and join me in that letter. undocumented, and I will stand for Clinic. those in a similar situation. She was He may have paid a price for it, though Here is what Manny says about his crying on the phone. She just heard he denied it in the phone conversation. future: about it. She said: I am afraid these I cannot tell you how much I respect I would go through any channel I have to that man for his courage in asking for to correct this situation. I’m not asking for students will come forward and admit this. citizenship [but] I would love to earn it if they are undocumented and someday It took 2 years, but those students that possibility would arise. . . . I would some Congress and some President will who are appreciative of the President’s love to contribute to this country, give use it against them and deport them. I action should not forget the singular back to it. I just don’t understand why said: Gabby, I don’t think so. Once they courage of the Senator from Indiana. they would educate people in my situa- stand and say we are going to follow Last year, when Senator LUGAR and I tion and deport them back and let the law and do what we are told to do sent a renewed request, 21 Senators countries reap the benefits of the edu- and put our names down and tell you joined us, including majority leader cation system here. who we are, anybody who tries to use HARRY REID, Judiciary Committee David Hogan is the chairman of the that against them is going to cause a chairman PATRICK LEAHY, and, of History Department at Heidelberg Uni- terrific backlash across America. Peo- course, Senator BOB MENENDEZ, who versity. He says this about Manny: ple in America will respect these young heads up the Hispanic Caucus in the We want good people in this country. We people and realize we will be a better Senate. want honest, hard-working people, and that’s nation because of it.

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.027 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4235 I yield the floor and suggest the ab- there be no amendments or motions in some way. We have had a lot of jobs sence of a quorum. order to the amendments prior to the bills in front of us. I am not sure there The PRESIDING OFFICER. The votes other than motions to waive has been one that has directly affected clerk will call the roll. points of order and motions to table; 16 million jobs like this does. The legislative clerk proceeded to that there be 2 minutes of debate We also have an opportunity in this call the roll. equally divided in the usual form be- bill to come together and clearly state Mr. REID. Mr. President, I ask unan- tween the votes, and all after the first that we are serious about deficit reduc- imous consent that the order for the vote be 10-minute votes; that the tion. We are the only authorizing com- quorum call be rescinded. Toomey No. 2247, Sanders No. 2310, mittee that has come forward in a bi- The PRESIDING OFFICER (Mr. Coburn No. 2214, Boxer No. 2456, partisan way with a bill that cuts the MERKLEY). Without objection, it is so Johanns No. 2372, Murray No. 2455, spending within our jurisdiction—$23 ordered. McCain No. 2162, and Rubio No. 2166 be billion in deficit reduction. We have UNANIMOUS CONSENT AGREEMENT—S. 3240 subject to a 60-affirmative-vote thresh- gone through every part of this bill, Mr. REID. Mr. President, this is a old; that the clerks be authorized to and we have literally analyzed every day I did not think would ever arrive. modify the instruction lines on amend- page and determined that there were But we are here, I think. I so admire, ments so the page and line numbers some programs that were duplications having managed a few bills in my day, match up correctly; that upon disposi- or not effective or didn’t make any the work done by Senator STABENOW tion of the amendments, the bill, as sense anymore, and we ended up with and Senator ROBERTS. I will say more amended, be read a third time; that about 100 different programs and au- about that later. This is not a great there be up to 10 minutes equally di- thorizations that we eliminated from agreement, but it is a good agreement, vided in the usual form prior to a vote those items under USDA’s jurisdiction. and they worked so hard to get where on passage of the bill, as amended, if So this really is a reform bill. we are. I so appreciate what they have amended; finally, that the vote on pas- I know the Presiding Officer is a real done. As I said before, I did not think sage of the bill be subject to a 60-af- champion of reform and of agriculture. we would be here. firmative-vote threshold. We have worked together, certainly, on Mr. President, I ask unanimous con- The PRESIDING OFFICER. Is there fruits and vegetables and organic farm- sent that when the Senate resumes objection? ing and local food systems and a whole consideration of S. 3240, the pending Without objection, it is so ordered. range of things that we have improved motion to recommit be withdrawn; Mr. REID. Mr. President, I suggest upon in this bill. I thank the Chair for that amendment No. 2390 be with- the absence of a quorum. his continued leadership on those drawn; that the Stabenow-Roberts The PRESIDING OFFICER. The issues. amendment No. 2389 be agreed to, the clerk will call the roll. This really is an opportunity to come bill, as amended, be considered original The legislative clerk proceeded to together around deficit reduction, text for the purposes of further amend- call the roll. around reform, to focus on jobs and ment; that the following amendments Ms. STABENOW. Mr. President, I ask give our farmers and ranchers predict- and motions be the only first-degree unanimous consent that the order for ability in terms of knowing what will amendments and motions in order to the quorum call be rescinded. happen going forward as they make the bill: Akaka No. 2440, Akaka No. The PRESIDING OFFICER. Without business decisions for themselves. 2396, Baucus No. 2429, Bingaman No. objection, it is so ordered. It is a huge opportunity around con- 2364, Brown of Ohio No. 2445, Cantwell Ms. STABENOW. Mr. President, as servation. I think most people wouldn’t No. 2370, Casey No. 2238, Coons No. 2426, we are waiting for wrap-up this realize at first blush that the farm bill Feinstein No. 2422, Feinstein No. 2309, evening, I wish to take a moment to is actually the largest investment we Gillibrand No. 2156, Hagan No. 2366, thank all our colleagues for the ex- as Americans make in land and water Kerry No. 2187, Landrieu No. 2321, traordinary effort to get to this point conservation, air quality, related to Manchin No. 2345, Merkley No. 2382, where we are going to be able to come working lands. Seventy percent of our Schumer No. 2427, Stabenow No. 2453, together, debate a number of different lands are privately held lands in some Udall of Colorado No. 2295, Warner No. issues related to the farm bill and way—farmers and others, landholders— 2457, Wyden No. 2442, Wyden No. 2388, other issues as well, and be able to and the conservation title affects how Leahy No. 2204, Nelson of Nebraska No. come to a final vote and passage of the we work with them to be able to con- 2242, Klobuchar No. 2299, Carper No. farm bill. serve our land and water and address 2287, Sanders No. 2254, Thune No. 2437, I wish to thank, first of all, Senator the air quality issues. We have had two Durbin-Coburn No. 2439, Snowe No. REID for his extraordinary patience and successes there. So this is a real oppor- 2190, Ayotte No. 2192, Collins No. 2444, talent in working with Senator ROB- tunity to build on that certainly for Grassley No. 2167, Sessions No. 2174, ERTS and me and all the staff, all the many regions in the country, such as Nelson of Nebraska No. 2243, Sessions leadership staff, who have worked with my own Great Lakes region. It is crit- No. 2172, Paul No. 2181, Alexander No. us on this. ical in working with our farmers who 2191, McCain No. 2199, Toomey No. 2217, I also wish to thank Senator ROB- have a number of different environ- DeMint No. 2263, DeMint No. 2262, ERTS for being a tremendous partner mental issues to address. On behalf of DeMint No. 2268, DeMint No. 2276, with me, and both our staffs who are all of us, this gives us an opportunity DeMint No. 2273, Coburn No. 2289, doing yeoman’s work. to partner with them and deal with soil Coburn No. 2293, Kerry No. 2454, Kyl There is a lot more work to do. We erosion and water quality issues and No. 2354, Lee No. 2313, Lee No. 2314, have a lot of amendments we will begin runoff into our lakes and streams and Boozman No. 2355, Boozman No. 2360, tomorrow, I believe tomorrow after- Great Lakes and deal with open spaces, Toomey No. 2226, Toomey No. 2433, Lee noon, and then we will work on protecting wildlife habitat and wet- motion to recommit, Johnson of Wis- through the week to get this done. lands, and creating a new easement consin motion to recommit, Chambliss But this really is an example of the program that will address urban sprawl No. 2438, Chambliss No. 2340, Chambliss Senate coming together to agree to get so that we are protecting our lands. No. 2432, Ayotte No. 2195, Blunt No. things done—people of different back- I am very proud of what we have 2246, Moran No. 2403, Moran No. 2443, grounds, ideas, and different regions of done in conservation. We have taken it Vitter No. 2363, Toomey No. 2247, Sand- the country. This is an opportunity for from 23 programs down to 13 and di- ers No. 2310, Coburn No. 2214, Boxer No. us to show that the Senate can work vided it into 4 topics—a lot of flexi- 2456, Johanns No. 2372, Murray No. 2455, together—which is what we are doing bility, locally led, with farmers and McCain No. 2162, Rubio No. 2166; that right now, on a bipartisan basis—and ranchers working with local commu- at 2:15 p.m., Tuesday, June 19, the Sen- be able to move forward on a very im- nities. We have saved money, but at ate proceed to votes in relation to the portant piece of legislation. the same time we are actually amendments in the order listed, alter- This bill is a jobs bill. This bill rep- strengthening conservation, which is nating between Republican- and Demo- resents 16 million people in the country why we have I think 643 different con- cratic-sponsored amendments; that who work because of agriculture in servation and environmental groups

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.028 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4236 CONGRESSIONAL RECORD — SENATE June 18, 2012 supporting what we are doing in terms of work. Every region of the country hours of debate on the motion to pro- of our approach on conservation. I am has a different view and different crops ceed, with the time equally divided and pleased with that. that they grow and different perspec- controlled between the two leaders or The rural development provisions of tives, so it is a lot of hard work to their designees; further, that 2 hours of this bill affect every community out- bring it all together. debate equally divided occur on Tues- side of our urban areas. The majority This evening we have been able to day, June 19, and the Senate resume of Michigan—we see support through come together on a path to final pas- consideration of the motion to proceed financing for water and sewer projects, sage, agreeing to the list of amend- at 10:30 a.m., Wednesday, June 20, for small businesses, housing, working ments. This is a democracy. I don’t the remaining 2 hours of debate; that with local law enforcement, police and agree or support all of those amend- at 12:30 p.m. on Wednesday, the Senate firefighters, local mayors and city ments. I know other colleagues don’t proceed to vote on the adoption of the council people, counties all across as well. We will talk about them and motion to proceed; that if the motion Michigan and the country, certainly in debate, and we will vote. That is the is successful, then the time for debate Oregon, where rural development fund- Senate at its best. That is what we are with respect to the joint resolution be ing and support for quality of life and doing here by agreeing to a process or equally divided between the two lead- jobs and rural communities is very list of amendments from every part of ers or their designees; that upon the much a part of the bill. the country. use or yielding back of time, the joint We think of the bill in terms of pro- Members on both sides have very resolution be read a third time and the duction agriculture. Obviously, it is strongly held beliefs. We respect that. Senate proceed to vote on passage of critical. I don’t know any business that We respect their right to be able to de- the joint resolution; finally, all other has more risk than a farmer or ranch- bate those amendments, and I also provisions of the statute governing er—nobody. So we all have a stake. We thank those for the amendments that consideration of the joint resolution have the safest, most affordable, de- will not be brought up, which were not remain in effect. pendable food supply in the world. We in the unanimous consent agreement. I The PRESIDING OFFICER. Without wanted to make sure no farmer loses a think we had about 300 amendments objection, it is so ordered. farm because of a few days of bad when we started. We knew it was not f weather. What we do in production ag- possible to be able to vote on every one riculture is very important. of those. So colleagues’ willingness to MORNING BUSINESS We also have a broad role, together work with us was important, and I am Ms. STABENOW. Mr. President, I ask with rural communities, with ranchers grateful to the people who worked with unanimous consent the Senate proceed and farmers, to support our land and us on both sides of the aisle and those to a period of morning business with our water and our habitat and our air. whom we will continue to work with. Senators permitted to speak therein We do that through conservation. We This is another step in the process, as for up to 10 minutes each. have rural development. We have an we have put together a bill that we re- The PRESIDING OFFICER. Without energy title that allows us to take ported out of committee with a strong objection, it is so ordered. what we do—the byproducts from agri- bipartisan vote. Now we have brought f culture, whether that be food or animal it to the floor with a large majority. waste or biomass from forests or corn Ninety out of 100 colleagues came to- ADDITIONAL STATEMENTS or wheat or soybean oil—whatever it gether to say: Yes, we should debate is—to be able to create jobs through and discuss and work on this Agri- TRIBUTE TO CHRIS BERN bio-based manufacturing, advanced culture Reform, Food, and Jobs Act. biofuels, going beyond corn to other Now, with the agreement we have, ∑ Mr. HARKIN. Mr. President, Chris kinds of advanced cellulosic biofuels, Members are saying: Yes, we should go Bern retires on July 14 as president of which is very much a part of the bill, forward and work on these amend- the Iowa State Education Association all of which creates jobs. ments and have a final vote. In the after completing his second two-year We are creating jobs in a multitude democratic process, people of good will term in that position. Chris is a long- of ways in the bill. We are also sup- are willing to come together and have time advocate for quality education porting families who, because of no the opportunity to debate and vote. within ISEA and is an important voice fault of their own in this recession, That is what it is about. I am grateful for teachers at the local, State, and na- have been hit so hard and need tem- that colleagues were willing to work tional levels. I have valued Chris’s porary food help. That is also a very with us to be able to do that. views on a variety of education issues. big and important part of the bill. For We are waiting for the final wrap-up I am especially grateful to Chris for the people in my State who have been comments. At this moment, I yield the his leadership on anti-harassment and hit very hard in the last number of floor and suggest the absence of a anti-bullying issues within the Iowa years, it is important that we be there. quorum. State Education Association and the They have paid taxes all their lives and The PRESIDING OFFICER. The National Education Association. Chris supported their neighbors. They have clerk will call the roll. understood the importance of anti-bul- been there for other people. Now, if The legislative clerk proceeded to lying efforts before recent events drew they need some temporary help, we call the roll. national attention to the topic. Chris need to make sure it is there for them Ms. STABENOW. Mr. President, I ask is a certified trainer for the NEA’s pro- as well. That is a very important part unanimous consent that the order for gram on school safety and anti-harass- of the bill also. the quorum call be rescinded. ment issues. One of his leadership pri- In addition, we see a whole range of The PRESIDING OFFICER. Without orities at ISEA has been to promote efforts around local food systems that objection, it is so ordered. anti-bullying awareness in our schools, also create jobs—farmers markets, UNANIMOUS CONSENT AGREEMENT—S.J. RES. 37 traveling to locals around the State to children’s schools being able to get Ms. STABENOW. Mr. President, I ask talk about how to protect students fresh fruits and vegetables, schools unanimous consent that on Tuesday, from mistreatment by their peers. being able to purchase locally, things June 19, at a time to be determined by After graduation from Buena Vista that we can do to support families to the majority leader, after consultation College, Chris started his teaching ca- put healthy food on the table for their with the Republican leader, the Repub- reer as a junior high school math children or make sure it is available in lican leader or his designee be recog- teacher in Woodbine, IA and then school—very important efforts going nized to move to proceed to the consid- moved to Knoxville, IA, where he on there. We make sure that all of agri- eration of S.J. Res. 37, a joint resolu- taught high school math. He soon be- culture is included in our local food tion disapproving a rule promulgated came involved in the Iowa State Edu- systems. That is a very important part by the Administrator of the Environ- cation Association, serving in a variety of the bill. mental Protection Agency relating to of local, State and national roles. Chris This is a large effort. We do it every emission standards for certain steam spent 11 years on various committees, 5 years. It takes a tremendous amount generating units; that there be up to 4 including the ISEA Resolutions and

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.030 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4237 New Business Committee. He was elect- the police force. The school’s biggest Master Farmer was presented in De- ed vice president of the ISEA in 2006 need for police stemmed from theft at cember 1925 in Chicago. The first 21 In- and, on the national level, was a mem- the University Hospital, where felons diana farmers to receive the award had ber of the NEA Resolutions Committee. from Utah’s prison system would re- an average farm size of 202 acres. The As Chris retires from his presidency ceive medical treatment. The crime program was discontinued in 1935 due of the Iowa State Education Associa- wave was quickly stopped, saving the to the Great Depression and reinstated tion, I wish him the very best. Chris’ hospital untold long-term costs. by James C. Thompson, then-managing service to education as a teacher and In 1972, Shilaos accepted a position editor of the Prairie Farmer, in 1968. ISEA leader remind me of the quote by with the Lakewood, CO Police Depart- More than 200 Indiana farmers have American essayist Christopher Morley ment, where he served for a decade and been recognized since the program was who said, ‘‘Things of the spirit differ continued to improve his merits as a reborn. In addition, roughly a dozen from things material in that the more nationally ranked pistol shooter. Those people who are not farmers but who you give the more you have.’’ skills helped him to gain immediate re- made great contributions to Indiana Indeed, Chris Bern has much. I wish spect from fellow officers when he agriculture have been recognized as him the best in his future endeavors.∑ joined the police force in his hometown Honorary Master Farmers. In 2006, Pur- f of Price a decade later. Five years due University’s College of Agriculture later, he was named chief of police in joined Indiana Prairie Farmer as co- HOSMER, SOUTH DAKOTA Price, a position he would hold for the sponsor of the award and has since ∑ Mr. JOHNSON of South Dakota. Mr. next quarter of a century. been supported by two Glenn W. Sam- President, today I wish to pay tribute Under Shilaos’s leadership, the Price ple dean’s of the College of Agri- to the 125th anniversary of the found- Police Department advanced into the culture, making sure that it main- ing of the town of Hosmer, SD. Located information age. With Shilaos at the tained its reputation as a top award. in Edmunds County, Hosmer is a close- helm, Price began implementing tech- As a farmer myself, I am honored as knit community with a rich cultural nologies that increased efficiency and both a Hoosier and member of the agri- heritage and a strong tradition of paved the way for the next generation culture industry to have the great farming. of police officers. work of my fellow agriculturalists rec- Named after Stella Hosmer, the rail- Shilaos graduated from the FBI Na- ognized by Mr. Bechman and the Indi- road agent’s wife, the town was found- tional Academy in 1995, created his de- ana Prairie Farmer. Their tireless ef- ed in 1887 and officially incorporated in partment’s first detective division, and forts to identify and reward Indiana 1904. Early settlers arrived in Hosmer a new field training program. Addition- farmers for their work to provide the shortly after the town’s founding. Most ally, Shilaos looked beyond his own de- safest, most abundant and least expen- were German-Russians, who persevered partment and helped to found a re- sive food supply in the world is hum- despite drought, poor land, and grass- gional drug strike force and SWAT bling and deserves the utmost recogni- hopper infestations. Thanks in part to team, and implemented the DARE tion. its location along the Chicago, Mil- anti-drug program in local schools. I ask my colleagues to join me in waukee, St. Paul & Pacific Railroad, Shilaos also fought a brave personal honoring Indiana Prairie Farmer for by the 1920s Hosmer was a flourishing battle against non-Hodgkin’s their work on behalf of Indiana farmers community. Local businesses popped lymphoma. Diagnosed in 2010, the dis- and the Master Farmer award program. up, including general stores, cream sta- ease is now in remission. Shilaos re- I am privileged to represent a State so tions, churches, a drug store, meat cently commented that the good days dedicated to this vital industry and its market, and a hotel. now outnumber the bad ones. participants.∑ Today in Hosmer they still honor the Aleck Shilaos has been an out- f traditions of their German-Russian an- standing public servant for the city of cestors. Kuchen, German-style noodles, Price, UT and will surely be missed. RECOGNIZING INNOVATIVE and German-style sausage are just a His career is an example of leadership, LIVESTOCK SERVICES few of their culinary specialties, avail- dedication, and commitment. I wish he ∑ Mr. ROBERTS. Mr. President, you able in local establishments. Many and his wife Shirley a long and enjoy- have heard me recount numerous sto- residents proudly make their own sau- able retirement, and thank him for his ries on the importance of agriculture sage, much like the intrepid settlers dedicated service.∑ in my home State of Kansas. Many of who founded Hosmer 125 years ago. f these stories center around the fact The people of Hosmer will be cele- that cattle outnumber people by more brating their quasquicentennial June RECOGNIZING INDIANA PRAIRIE than two to one, and I often joke that 29 to July 1 with a complete schedule FARMER MAGAZINE cattle are usually in a better mood. In of events. There will be entertainment ∑ Mr. LUGAR, Mr. President, today I recent years, the Kansas livestock in- for children in the park, a free meal, would like to recognize a publication dustry has accounted for nearly 50 per- car show, parade, dances, music, and in the State of Indiana that is not only cent of all agricultural cash receipts performances. It promises to be a making sure to supply useful informa- within the State. weekend full of family fun. tion that will help Hoosier farm fami- Mr. LEE Borck, chairman, and Mr. Mr. President, 125 years after its lies thrive but is also taking the time Andrew Murphy, president and chief founding, Hosmer continues to be a to honor exceptional families through executive officer, of Innovative Live- small town that represents the best the Master Farmer award program. stock Services have played a key role South Dakota has to offer. I am hon- As one of 18 State and regional sub- within the livestock industry. I want ored to congratulate the people of sidiaries of Farm Progress, Indiana to take this opportunity to recognize Hosmer on this memorable occasion.∑ Prairie Farmer is constantly striving part of the Innovative Livestock Serv- f to ensure that our farmers are ices operation, Ward Feed Yard, on equipped with the information and sup- celebrating 50 years of feeding cattle. TRIBUTE TO ALECK SHILAOS port necessary to handle the difficult Great Bend Feeding and Ward Feed ∑ Mr. LEE. Mr. President, today I wish tasks facing agriculturalists. At the Yard, both part of the Innovative Live- to recognize the exemplary service of helm of this initiative is editor Tom stock Services operation, have now Chief Aleck Shilaos, who has served in Bechman who not only brings experi- been in business for more than 50 law enforcement for 43 years and as the ence from a small tenant dairy farm years. There is no doubt in the strong chief of police for the city of Price, UT but is also nationally known for his heritage, optimistic outlook and posi- for 25 years. coverage of Midwest agronomy, con- tive economic development this cattle Shilaos began his career in 1969 as servation, no-till farming, farm man- feeding company has created in Kan- the first parking officer ever hired by agement, farm safety, high-tech farm- sas. Just as the beef industry is a lead- the University of Utah. When the uni- ing and personal property tax relief. ing segment of the agriculture industry versity’s security force became an offi- Considered one of the top honors an in Kansas, with the leadership of Mr. cial police department, Aleck joined Indiana farmer can receive, the first Borck and Mr. MURPHY, Innovative

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.019 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4238 CONGRESSIONAL RECORD — SENATE June 18, 2012 Livestock Services is a true champion REPORT ON THE CONTINUATION By Mr. HATCH (for himself and Mr. within the beef industry. OF THE NATIONAL EMERGENCY LEE): Today I wish to say congratulations THAT WAS ORIGINALLY DE- S. 3305. A bill to clarify authority granted to all of those who have helped over CLARED IN EXECUTIVE ORDER under the Act entitled ‘‘An Act to define the the past 50 years and to wish Ward exterior boundary of the Uintah and Ouray 13466 OF JUNE 26, 2008, WITH RE- Indian Reservation in the State of Utah, and Feed Yard nothing but the best for the SPECT TO NORTH KOREA—PM 52 for other purposes; to the Committee on En- next 50 years. Congratulations to all of The PRESIDING OFFICER laid be- ergy and Natural Resources. the partners, employees, customers, fore the Senate the following message By Mr. MCCAIN (for himself and Mr. community leaders and industry rep- EID from the President of the United R ): resentatives on a job well done.∑ S. 3306. A bill to establish a United States States, together with an accompanying f Boxing Commission to administer the Pro- report; which was referred to the Com- fessional Boxing Safety Act of 1996, and for REPORT OF THE CONTINUATION mittee on Banking, Housing, and other purposes; to the Committee on Com- OF THE NATIONAL EMERGENCY Urban Affairs: merce, Science, and Transportation. THAT WAS DECLARED IN EXECU- By Mr. BROWN of Ohio (for himself To the Congress of the United States: and Mr. CASEY): TIVE ORDER 13159 OF JUNE 21, Section 202(d) of the National Emer- 2000, WITH RESPECT TO THE S. 3307. A bill to amend the Internal Rev- gencies Act (50 U.S.C. 1622(d)) provides enue Code of 1986 to make permanent the RISK OF NUCLEAR PROLIFERA- for the automatic termination of a na- credit for increasing research activities, to TION CREATED BY THE ACCUMU- tional emergency unless, within 90 increase such credit for amounts paid or in- LATION OF WEAPONS-USABLE days prior to the anniversary date of curred for qualified research occurring in the FISSILE MATERIAL IN THE TER- its declaration, the President publishes United States, and to increase the domestic RITORY OF THE RUSSIAN FED- in the Federal Register and transmits to production activities deduction for the man- ERATION—PM 51 ufacture of property substantially all of the the Congress a notice stating that the research and development of which occurred The PRESIDING OFFICER laid be- emergency is to continue in effect be- in the United States, and for other purposes; fore the Senate the following message yond the anniversary date. In accord- to the Committee on Finance. from the President of the United ance with this provision, I have sent to By Mr. HELLER: States, together with an accompanying the Federal Register for publication the S. 3308. A bill to amend title 38, United report; which was referred to the Com- enclosed notice stating that the na- States Code, to improve the furnishing of mittee on Banking, Housing, and tional emergency declared in Executive benefits for homeless veterans who are Urban Affairs: Order 13466 of June 26, 2008, expanded in women or who have dependents, and for other purposes; to the Committee on Vet- To the Congress of the United States: scope in Executive Order 13551 of Au- erans’ Affairs. Section 202(d) of the National Emer- gust 30, 2010, and addressed further in By Mrs. MURRAY: gencies Act (50 U.S.C. 1622(d)) provides Executive Order 13570 of April 18, 2011, S. 3309. A bill to amend title 38, United for the automatic termination of a na- is to continue in effect beyond June 26, States Code, to improve the assistance pro- tional emergency unless, within 90 2012. vided by the Department of Veterans Affairs days prior to the anniversary date of The existence and risk of prolifera- to homeless veterans, and for other purposes; to the Committee on Veterans’ Affairs. its declaration, the President publishes tion of weapons-usable fissile material in the Federal Register and transmits to on the Korean Peninsula, and the ac- f the Congress a notice stating that the tions and policies of the Government of SUBMISSION OF CONCURRENT AND emergency is to continue in effect be- North Korea that destabilize the Ko- SENATE RESOLUTIONS rean Peninsula and imperil U.S. Armed yond the anniversary date. In accord- The following concurrent resolutions Forces, allies, and trading partners in ance with this provision, I have sent to and Senate resolutions were read, and the region continue to constitute an the Federal Register for publication the referred (or acted upon), as indicated: enclosed notice stating that the emer- unusual and extraordinary threat to gency declared in Executive Order 13159 the national security, foreign policy, By Mr. KOHL (for himself and Mr. and economy of the United States. For HATCH): of June 21, 2000, with respect to the S. Res. 495. A resolution designating the risk of nuclear proliferation created by these reasons, I have determined that period beginning on June 17, 2012, and ending the accumulation of a large volume of it is necessary to continue the national on June 23, 2012, as ‘‘Polycystic Kidney Dis- weapons-usable fissile material in the emergency with respect to these ease Awareness Week’’, and raising aware- territory of the Russian Federation is threats and maintain in force the ness and understanding of polycystic kidney to continue beyond June 21, 2012. measures taken to deal with that na- disease and the impact such disease has on It remains a major national security tional emergency. patients; considered and agreed to. goal of the United States to ensure BARACK OBAMA. f that fissile material removed from THE WHITE HOUSE, June 18, 2012. ADDITIONAL COSPONSORS Russian nuclear weapons pursuant to f various arms control and disarmament S. 491 INTRODUCTION OF BILLS AND At the request of Mr. PRYOR, the agreements is dedicated to peaceful JOINT RESOLUTIONS uses, subject to transparency meas- name of the Senator from Oklahoma ures, and protected from diversion to The following bills and joint resolu- (Mr. COBURN) was added as a cosponsor activities of proliferation concern. The tions were introduced, read the first of S. 491, a bill to amend title 38, accumulation of a large volume of and second times by unanimous con- United States Code, to recognize the weapons-usable fissile material in the sent, and referred as indicated: service in the reserve components of territory of the Russian Federation By Mrs. BOXER: the Armed Forces of certain persons by continues to pose an unusual and ex- S. 3304. A bill to redesignate the Environ- honoring them with status as veterans traordinary threat to the national se- mental Protection Agency Headquarters lo- under law, and for other purposes. cated at 1200 Pennsylvania Avenue N.W. in S. 697 curity and foreign policy of the United Washington, D.C., as the ‘‘William Jefferson States. For this reason, I have deter- Clinton Federal Building’’, to redesignate At the request of Mr. CASEY, the mined that it is necessary to continue the Federal building and United States name of the Senator from South Da- the national emergency declared with Courthouse located at 200 East Wall Street kota (Mr. JOHNSON) was added as a co- respect to the risk of nuclear prolifera- in Midland, Texas, as the ‘‘George H.W. Bush sponsor of S. 697, a bill to amend the tion created by the accumulation of a and George W. Bush United States Court- Internal Revenue Code of 1986 to allow large volume of weapons-usable fissile house and George Mahon Federal Building’’, a credit against income tax for material in the territory of the Rus- and to designate the Federal building hous- amounts paid by a spouse of a member ing the Bureau of Alcohol, Tobacco, Fire- of the Armed Services for a new State sian Federation and maintain in force arms, and Explosives Headquarters located these emergency authorities to respond at 99 New York Avenue N.E., Washington license or certification required by rea- to this threat. D.C., as the ‘‘Eliot Ness ATF Building’’, and son of a permanent change in the duty BARACK OBAMA. for other purposes; to the Committee on En- station of such member to another THE WHITE HOUSE, June 18, 2012. vironment and Public Works. State.

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S. 866 S. 2060 S. 3204 At the request of Mr. TESTER, the At the request of Mr. KOHL, the name At the request of Mr. JOHANNS, the name of the Senator from New York of the Senator from Maryland (Ms. MI- names of the Senator from Ohio (Mr. (Mr. SCHUMER) was added as a cospon- KULSKI) was added as a cosponsor of S. PORTMAN), the Senator from Michigan sor of S. 866, a bill to amend title 10, 2060, a bill to provide for the payment (Ms. STABENOW) and the Senator from United States Code, to modify the per- of a benefit to members eligible for Arkansas (Mr. BOOZMAN) were added as fiscal year calculation of days of cer- participation in the Post-Deployment/ cosponsors of S. 3204, a bill to address tain active duty or active service used Mobilization Respite Absence program fee disclosure requirements under the to reduce the minimum age at which a for days of nonparticipation due to Electronic Fund Transfer Act, and for member of a reserve component of the Government error. other purposes. uniformed services may retire for non- S. 2077 S. 3221 regular service. At the request of Mr. BLUMENTHAL, At the request of Mr. RUBIO, the S. 933 the name of the Senator from Illinois names of the Senator from Kansas (Mr. At the request of Mr. SCHUMER, the (Mr. DURBIN) was added as a cosponsor ROBERTS) and the Senator from Wis- name of the Senator from Minnesota of S. 2077, a bill to amend the Older consin (Mr. JOHNSON) were added as co- (Mr. FRANKEN) was added as a cospon- Americans Act of 1965 to authorize sponsors of S. 3221, a bill to amend the sor of S. 933, a bill to amend the Inter- Federal assistance to State adult pro- National Labor Relations Act to per- nal Revenue Code of 1986 to extend and tective services programs, and for mit employers to pay higher wages to increase the exclusion for benefits pro- other purposes. their employees. vided to volunteer firefighters and S. 2165 S. 3235 emergency medical responders. At the request of Mrs. BOXER, the At the request of Mr. PRYOR, the S. 1119 name of the Senator from Colorado names of the Senator from Minnesota At the request of Mrs. FEINSTEIN, her (Mr. UDALL) was added as a cosponsor (Ms. KLOBUCHAR) and the Senator from name was added as a cosponsor of S. of S. 2165, a bill to enhance strategic Missouri (Mr. BLUNT) were added as co- 1119, a bill to reauthorize and improve cooperation between the United States sponsors of S. 3235, a bill to amend title the Marine Debris Research, Preven- and Israel, and for other purposes. 38, United States Code, to require, as a condition on the receipt by a State of tion, and Reduction Act, and for other S. 2168 certain funds for veterans employment purposes. At the request of Mr. BLUMENTHAL, and training, that the State ensures S. 1299 the name of the Senator from Wash- that training received by a veteran At the request of Mr. MORAN, the ington (Mrs. MURRAY) was added as a cosponsor of S. 2168, a bill to amend the while on active duty is taken into con- name of the Senator from Michigan sideration in granting certain State (Ms. STABENOW) was added as a cospon- National Labor Relations Act to mod- ify the definition of supervisor. certifications or licenses, and for other sor of S. 1299, a bill to require the Sec- purposes. retary of the Treasury to mint coins in S. 2234 S. 3236 commemoration of the centennial of At the request of Mr. BLUMENTHAL, At the request of Mr. PRYOR, the the establishment of Lions Clubs Inter- the name of the Senator from New Jer- name of the Senator from Maryland national. sey (Mr. LAUTENBERG) was added as a (Ms. MIKULSKI) was added as a cospon- S. 1454 cosponsor of S. 2234, a bill to prevent sor of S. 3236, a bill to amend title 38, At the request of Mr. DURBIN, the human trafficking in government con- United States Code, to improve the name of the Senator from Maryland tracting. protection and enforcement of employ- (Ms. MIKULSKI) was added as a cospon- S. 2239 ment and reemployment rights of sor of S. 1454, a bill to amend title At the request of Mr. NELSON of Flor- members of the uniformed services, XVIII of the Social Security Act to ida, the name of the Senator from Mis- and for other purposes. provide for extended months of Medi- souri (Mr. BLUNT) was added as a co- S. 3237 care coverage of immunosuppressive sponsor of S. 2239, a bill to direct the At the request of Mr. WHITEHOUSE, drugs for kidney transplant patients head of each agency to treat relevant the names of the Senator from New and other renal dialysis provisions. military training as sufficient to sat- York (Mr. SCHUMER) and the Senator S. 1591 isfy training or certification require- from Minnesota (Mr. FRANKEN) were At the request of Mrs. GILLIBRAND, ments for Federal licenses. added as cosponsors of S. 3237, a bill to the names of the Senator from Massa- S. 2342 provide for the establishment of a chusetts (Mr. BROWN), the Senator At the request of Mr. TESTER, the Commission to Accelerate the End of from Washington (Mrs. MURRAY) and name of the Senator from Colorado Breast Cancer. the Senator from Massachusetts (Mr. (Mr. BENNET) was added as a cosponsor S. 3257 KERRY) were added as cosponsors of S. of S. 2342, a bill to reform the National At the request of Mr. COBURN, the 1591, a bill to award a Congressional Association of Registered Agents and name of the Senator from North Da- Gold Medal to Raoul Wallenberg, in Brokers, and for other purposes. kota (Mr. HOEVEN) was added as a co- recognition of his achievements and S. 2371 sponsor of S. 3257, a bill to amend the heroic actions during the Holocaust. At the request of Mr. RUBIO, the Internal Revenue Code of 1986 to pro- S. 1613 names of the Senator from Kansas (Mr. hibit the use of public funds for polit- At the request of Mr. REED, the name ROBERTS) and the Senator from Wis- ical party conventions, and to provide of the Senator from New York (Mr. consin (Mr. JOHNSON) were added as co- for the return of previously distributed SCHUMER) was added as a cosponsor of sponsors of S. 2371, a bill to amend the funds for deficit reduction. S. 1613, a bill to improve and enhance National Labor Relations Act to per- S. 3263 research and programs on childhood mit employers to pay higher wages to At the request of Mrs. BOXER, the cancer survivorship, and for other pur- their employees. name of the Senator from Minnesota poses. S. 2620 (Ms. KLOBUCHAR) was added as a co- S. 1718 At the request of Mr. SCHUMER, the sponsor of S. 3263, a bill to require the At the request of Mr. WYDEN, the name of the Senator from New York Secretary of Transportation to modify names of the Senator from Missouri (Mrs. GILLIBRAND) was added as a co- the final rule relating to flightcrew (Mrs. MCCASKILL) and the Senator from sponsor of S. 2620, a bill to amend title member duty and rest requirements for Tennessee (Mr. ALEXANDER) were added XVIII of the Social Security Act to passenger operations of air carriers to as cosponsors of S. 1718, a bill to amend provide for an extension of the Medi- apply to all-cargo operations of air car- title XVIII of the Social Security Act care-dependent hospital (MDH) pro- riers, and for other purposes. with respect to the application of gram and the increased payments S. 3287 Medicare secondary payer rules for cer- under the Medicare low-volume hos- At the request of Mr. PAUL, the name tain claims. pital program. of the Senator from South Carolina

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.009 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4240 CONGRESSIONAL RECORD — SENATE June 18, 2012 (Mr. DEMINT) was added as a cosponsor WYDEN) was added as a cosponsor of with my undistinguished record as a of S. 3287, a bill to protect individual amendment No. 2382 intended to be pro- boxer at the U.S. Naval Academy, and privacy against unwarranted govern- posed to S. 3240, an original bill to re- then over my time here in Congress, mental intrusion through the use of authorize agricultural programs where I have been involved in legisla- the unmanned aerial vehicles com- through 2017, and for other purposes. tion related to boxing since the mid- monly called drones, and for other pur- AMENDMENT NO. 2399 1990s. The 19th century sportswriter Pierce poses. At the request of Mr. LEAHY, the S.J. RES. 37 name of the Senator from Vermont Egan called the sport of boxing the ‘‘sweet science.’’ Long-time boxing re- At the request of Mr. JOHANNS, his (Mr. SANDERS) was added as a cospon- name was added as a cosponsor of S.J. sor of amendment No. 2399 intended to porter Jimmy Cannon called it the Res. 37, a joint resolution to disapprove be proposed to S. 3240, an original bill ‘‘red light district of sports.’’ In truth, a rule promulgated by the Adminis- to reauthorize agricultural programs it is both. I have always believed that at its best, professional boxing is a riv- trator of the Environmental Protection through 2017, and for other purposes. Agency relating to emission standards eting and honorable contest of coura- for certain steam generating units. AMENDMENT NO. 2426 geous and highly skilled athletes. Un- At the request of Mr. COONS, the S.J. RES. 42 fortunately, the last few decades of names of the Senator from North Caro- At the request of Mr. DEMINT, the boxing history have—through count- name of the Senator from Arkansas lina (Mrs. HAGAN), the Senator from less examples of conflicts of interest, (Mr. BOOZMAN) was added as a cospon- Delaware (Mr. CARPER), the Senator improper financial arrangements, and sor of S.J. Res. 42, a joint resolution from Maryland (Ms. MIKULSKI) and the inadequate or nonexistent oversight— proposing an amendment to the Con- Senator from Minnesota (Ms. KLO- led most to believe that Cannon’s stitution of the United States relative BUCHAR) were added as cosponsors of words—that boxing is the ‘‘red light to parental rights. amendment No. 2426 intended to be pro- district of sports’’—were more appro- S. RES. 448 posed to S. 3240, an original bill to re- priate than that of Pierce Egan’s At the request of Mrs. BOXER, the authorize agricultural programs words, who called it the ‘‘sweet name of the Senator from New York through 2017, and for other purposes. science.’’ (Mrs. GILLIBRAND) was added as a co- AMENDMENT NO. 2435 The most recent controversy sur- sponsor of S. Res. 448, a resolution rec- At the request of Mr. WARNER, the rounding the Pacquiao-Bradley fight is ognizing the 100th anniversary of Ha- name of the Senator from Illinois (Mr. the latest example of the legitimate dassah, the Women’s Zionist Organiza- KIRK) was added as a cosponsor of distrust boxing fans have for the integ- tion of America, Inc. amendment No. 2435 intended to be pro- rity of the sport. After the Pacquiao- S. RES. 473 posed to S. 3240, an original bill to re- Bradley decision was announced, un- At the request of Mr. DURBIN, the authorize agricultural programs derstandably fans were clearly apoplec- names of the Senator from Mississippi through 2017, and for other purposes. tic and many commentators found the (Mr. WICKER), the Senator from Mis- f decision astonishing. sissippi (Mr. COCHRAN) and the Senator Bob Arum, the promoter of the STATEMENTS ON INTRODUCED from California (Mrs. BOXER) were fight—and he represented both added as cosponsors of S. Res. 473, a BILLS AND JOINT RESOLUTIONS Pacquiao and Bradley—said: resolution commending Rotary Inter- By Mr. MCCAIN (for himself and What the hell were these people watching?. national and others for their efforts to Mr. REID): . . . How can you watch a sport where you S. 3306. A bill to establish a United don’t see any motive for any malfeasance prevent and eradicate polio. and yet come up with a result like we came S. RES. 494 States Boxing Commission to admin- up with tonight? How do you explain it to At the request of Mr. CORNYN, the ister the Professional Boxing Safety anybody?. . . . Something like this is so out- name of the Senator from Illinois (Mr. Act of 1996, and for other purposes; to landish, it’s a death knell for the sport. KIRK) was added as a cosponsor of S. the Committee on Commerce, Science, Those words came from the promoter Res. 494, a resolution condemning the and Transportation. of the fight, long-time promoter Bob Government of the Russian Federation Mr. MCCAIN. Mr. President, today I Arum. for providing weapons to the regime of am pleased to be joined by Senator ESPN boxing analyst Dan Rafael— President Bashar al-Assad of Syria. REID of Nevada, our distinguished ma- who scored the fight 119 to 109 for AMENDMENT NO. 2156 jority leader, to introduce the Profes- Pacquiao—called the decision an ‘‘ab- At the request of Mrs. GILLIBRAND, sional Boxing Amendments Act of 2012. solute absurdity.’’ And he said: the names of the Senator from Mary- This legislation is virtually identical I could watch the fight 1,000 times and not land (Mr. CARDIN) and the Senator from to a measure reported by the Com- find seven rounds to give to Timothy Brad- Florida (Mr. NELSON) were added as co- merce Committee during the 111th Con- ley. sponsors of amendment No. 2156 in- gress, after being approved unani- Additionally, following the fight, tended to be proposed to S. 3240, an mously by the Senate in 2005. Simply HBO’s Max Kellerman—a guy I have al- original bill to reauthorize agricultural put, this legislation would better pro- ways enjoyed—was ringside, where he programs through 2017, and for other tect professional boxing from the said: purposes. fraud, corruption, and ineffective regu- This is baffling, punch stat had Pacquiao AMENDMENT NO. 2190 lation that has plagued the sport for landing many more punches, landing at a At the request of Ms. SNOWE, the too many years, and that has dev- higher connect percentage, landing more name of the Senator from Maine (Ms. astated physically and financially power punches. Ringside, virtually every re- porter had Pacquiao winning by a wide mar- COLLINS) was added as a cosponsor of many of our Nation’s professional box- gin. . . . I can’t understand how Bradley gets amendment No. 2190 intended to be pro- ers. this decision. There were times in that fight posed to S. 3240, an original bill to re- My involvement with boxing goes where I felt a little bit embarrassed for Brad- authorize agricultural programs back a long way, first as a fan in my ley. through 2017, and for other purposes. youth—in what many view as the gold- Clearly, the conspiracy theories and AMENDMENT NO. 2219 en age of boxing in America: in the speculation surrounding the fight are At the request of Mr. CARDIN, the days of Joe Louis and Billy Conn and given life because there are so many name of the Senator from Georgia (Mr. Floyd Patterson and Sugar Ray Robin- questions surrounding the integrity of CHAMBLISS) was added as a cosponsor of son—probably the greatest boxer in the sport and how it is managed in amendment No. 2219 intended to be pro- history—and Kid Gavilan and Joey multiple jurisdictions. Professional posed to S. 3240, an original bill to re- Giardello, the names I still remember boxing remains the only major sport in authorize agricultural programs because of the incredible acts of sports- the United States that does not have a through 2017, and for other purposes. manship and courage and tenacity in strong centralized association, league, AMENDMENT NO. 2382 the ring that they displayed, which or other regulatory body to establish At the request of Mr. MERKLEY, the made boxing one of the most popular and enforce uniform rules and prac- name of the Senator from Oregon (Mr. sports in all of the United States, then tices. Because a powerful few benefit

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.010 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4241 greatly from the current system of importantly, this legislation would es- The Pacquiao-Bradley fight is only patchwork compliance and enforce- tablish a Federal regulatory entity to the latest example, and its outrage is ment of Federal boxing law, a national oversee professional boxing and set spread because of the size of the fight. self-regulating organization—though basic uniform standards for certain as- Unfortunately, over the years, there preferable to government oversight—is pects of the sport. have been a series of fights—some of not a realistic option. Thankfully, current law—which we them I will add for the RECORD at the What has happened to the meaning of passed in the 1990s—has already im- appropriate time—where the wrong de- the word champion? There is an alpha- proved some aspects of the state of pro- cision has been announced. bet soup of organizations today, some fessional boxing. However, like me, This is a great sport. It has given an of them—or many of them—based out- many others remain concerned the opportunity, for young men particu- side of the United States of America, sport continues to be at serious risk. In larly, to rise from the depths of pov- that clearly manipulates the rankings 2003, the Government Accountability erty to pinnacles of greatness in the in order to set up a fight which has a Office spent more than 6 months study- sport—and wealth beyond their imag- ‘‘championship’’ associated with it. ing 10 of the country’s busiest State ining at the time they entered the Ineffective oversight of professional and tribal boxing commissions. Gov- sport. So we need to protect these peo- boxing will continue to result in scan- ernment auditors found that many of ple. We need to give them a fair and le- dals, controversies, unethical prac- these commissions do not comply with gitimate playing field in which to com- tices, a lack of trust in the integrity of Federal boxing law, and that there is a pete. judged outcomes and, most tragic of disturbing lack of enforcement by both I urge the support of my colleagues all, unnecessary deaths in the sport. Federal and State officials. and again thank my friend the major- It is important to state clearly and These problems have led many in pro- ity leader, Senator HARRY REID, who plainly for the record that the purpose fessional boxing to conclude that the was a boxer of great skill and ability of the commission created by this bill only solution is an effective and ac- himself in his younger days. Some of is not to interfere with the daily oper- countable Federal boxing commission. those traits he has displayed very ations of State and tribal boxing com- The legislation that Senator REID missions. Instead, it would work in prominently here on the floor of the and I are introducing would establish Senate, and I respect him greatly. the United States Boxing Commis- consultation with local commissions, and it would only exercise its author- sion—the USBC or Commission—pro- By Mrs. MURRAY: ity when reasonable grounds exist for viding the much-needed oversight to S. 3309. A bill to amend title 38, such intervention. In fact, this bill ensure integrity within this profession United States Code, to improve the as- states explicitly that it would not pro- through better reporting and disclo- sistance provided by the Department of hibit any boxing commission from ex- sure, requiring that the sport avoid the Veterans Affairs to homeless veterans, ercising any of its powers, duties, or conflicts of interest which cause fans and for other purposes; to the Com- functions with respect to the regula- to question the outcome of bouts, mittee on Veterans’ Affairs. tion or supervision of professional box- which hurts the sport. Mrs. MURRAY. Mr. President, today, ing to the extent consistent with the If enacted, the commission would ad- as Chairman of the Senate Committee provisions of Federal boxing law. on Veterans’ Affairs, I am pleased to minister Federal boxing law and co- With respect to costs associated with introduce the Homeless Veterans As- ordinate with other Federal regulatory this legislation, the pricetag for this sistance Improvement Act of 2012. No agencies to ensure that this law is en- legislation should not fall on the shoul- one who has made sacrifices to serve forced, oversee all professional boxing ders of the American taxpayer, espe- our Nation should ever be homeless, matches in the United States, and cially during a time of crushing debt and this problem should never be ig- work with the boxing industry and and deficits. As such, to recover the local commissions to improve the safe- costs, the bill authorizes the commis- nored. The bill I am introducing today ty, integrity, and professionalism of sion to assess fees on promoters, sanc- would allow the Department of Vet- professional boxing in the United tioning organizations, and boxers, en- erans Affairs, VA, to continue the im- States. suring that boxers pay the smallest portant work of ending veteran home- More specifically, this legislation portion of what is, in fact, collected. lessness. would require that all referees and Let there be no doubt, however, of The administration reported that on judges participating in a championship the very basic and pressing need in pro- any given night in January 2011, an es- or a professional bout lasting 10 rounds fessional boxing for a Federal boxing timated 67,500 veterans were homeless. or more be fully registered and licensed commission. The establishment of the I want to commend the VA for its ef- by the commission. Further, while a USBC would address that need. The forts to reduce the number of veterans sanctioning organization could provide problems that have plagued the sport sleeping in the streets. Between 2010 a list of judges and referees deemed of professional boxing for many years and 2011 the number of homeless vet- qualified, only the boxing commission continue to undermine the credibility erans decreased by 12 percent, but the will appoint the judges and referees of this sport in the eyes of the public number of homeless women veterans participating in these matches. and, more importantly, compromise has continued to increase. We are mak- Additionally, the commission would the safety of boxers. This bill provides ing great progress, in large part due to license boxers, promoters, managers, an effective approach to curbing these interagency collaborations, but there and sanctioning organizations. The problems. is still more work to be done. commission would have the authority I take a back seat to no one in my In light of recent reports from VA’s to revoke such a license for violations desire for smaller government and less Office of Inspector General and the of Federal boxing law, to stop uneth- regulation. It is a crying need today, Government Accountability Office, VA ical or illegal conduct, to protect the not only for the integrity of the sport must do more to make its homeless health and safety of a boxer or if the but the health of boxers. We are finding veterans programs more welcoming to revocation is otherwise in the public more and more, especially in the sport women and veterans with families. The interest. of professional football lately, the ef- reports highlighted limitations in The Professional Boxing Amend- fect of blows to the head. Anyone who available housing options for women ments Act would strengthen existing has had the honor of knowing Muham- veterans with children. Additionally, Federal boxing law by improving the mad Ali, as I have over the years, rec- infrastructure needs such as private basic health and safety standards for ognizes that this is a very brutal sport. and secure rooms and showering facili- professional boxers, establishing a cen- There is no doubt that if in profes- ties are often lacking placing women tralized medical registry to be used by sional football blows to the head can be veterans in uncomfortable and poten- local commissions to protect boxers, damaging to one’s health, clearly it tially unsafe situations. We can and reducing the arbitrary practices of can be in the sport of boxing. I regret should do better. sanctioning organizations, and enhanc- to tell my colleagues that there are not The Homeless Veterans Assistance ing the uniformity and basic standards sufficient protections for the safety of Improvement Act of 2012 helps achieve for professional boxing contracts. Most the boxers engaged in the sport today. this goal by allowing VA to provide

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G18JN6.008 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4242 CONGRESSIONAL RECORD — SENATE June 18, 2012 transitional housing services to the Sec. 7. Expansion of Department of Veterans cipient of a grant under section 2011 of this children of homeless veterans, where it Affairs authority to provide title for the establishment of a service cen- is appropriate to do so. It also requires dental care to homeless vet- ter described in subsection (g) of such sec- grantees who receive funding for tran- erans. tion a grant for the operational expenses of Sec. 8. Extensions of authorities and pro- sitional housing to meet the privacy, such service center not otherwise covered by grams affecting homeless vet- the receipt of per diem payments under sec- safety, and security needs of women erans. tion 2012 of this section. veterans and veterans with families. SEC. 2. REQUIREMENT THAT RECIPIENTS OF ‘‘(b) LIMITATION.—The aggregate amount of No veteran should have to choose be- GRANTS FROM DEPARTMENT OF all grants awarded under subsection (a) in tween housing and their safety or be- VETERANS AFFAIRS FOR COM- any fiscal year may not exceed $500,000.’’. tween housing and remaining with PREHENSIVE SERVICE PROGRAMS (b) CLERICAL AMENDMENT.—The table of FOR HOMELESS VETERANS MEET sections at the beginning of such chapter is their family. PHYSICAL PRIVACY, SAFETY, AND Other provisions in this legislation SECURITY NEEDS OF SUCH VET- amended by inserting after the item relating help VA to meet the self-identified, ERANS. to section 2012 the following new item: unmet needs of homeless veterans. VA Section 2011(f) of title 38, United States ‘‘2012A. Service center operational grants.’’. conducts an annual assessment of Code, is amended by adding at the end the (c) REGULATIONS.—The Secretary of Vet- homeless veterans, homeless programs following new paragraph: erans Affairs shall promulgate regulations to staff, and grantees that ranks the top ‘‘(6) To meet the physical privacy, safety, carry out section 2012A of title 38, United ten unmet needs of homeless veterans. and security needs of homeless veterans re- States Code, as added by subsection (a), not ceiving services through the project.’’. The most recent report, which was later than one year after the date of the en- SEC. 3. MODIFICATION OF AUTHORITY OF DE- actment of this Act. from fiscal year 2010, highlights the PARTMENT OF VETERAN AFFAIRS SEC. 7. EXPANSION OF DEPARTMENT OF VET- fact that many homeless veterans TO PROVIDE CAPITAL IMPROVE- ERANS AFFAIRS AUTHORITY TO MENT GRANTS FOR COMPREHEN- ranked legal assistance among their PROVIDE DENTAL CARE TO HOME- SIVE SERVICE PROGRAMS THAT AS- top ten unmet needs for the last sev- LESS VETERANS. SIST HOMELESS VETERANS. Subsection (b) of section 2062 of title 38, eral years. Among the top-ranked Section 2011(a) of title 38, United States United States Code, is amended to read as needs for the last several years have Code, is amended, in the matter before para- follows: been legal services and dental care. My graph (1), by inserting ‘‘and maintaining’’ ‘‘(a) ELIGIBLE VETERANS.—(1) Subsection legislation makes veterans in the HUD- after ‘‘in establishing’’. VASH program eligible to participate (a) applies to a veteran who— SEC. 4. FUNDING FOR FURNISHING LEGAL SERV- ‘‘(A) is enrolled for care under section in the Homeless Veterans Dental Pro- ICES TO VERY LOW-INCOME VET- ERAN FAMILIES IN PERMANENT 1705(a) of this title; and gram. It also ensures that a percentage ‘‘(B) for a period of 60 consecutive days, is of the funding available for homeless- HOUSING. Section 2044(e) of title 38, United States receiving— ness prevention and rapid re-housing Code, is amended— ‘‘(i) assistance under section 8(o) of the will be used for legal services to re- (1) by redesignating paragraphs (2) and (3) United States Housing Act of 1937 (42 U.S.C. move some of the barriers to obtaining as paragraphs (3) and (4), respectively; and 1437f(o)); or or maintaining stable housing for (2) by inserting after paragraph (1) the fol- ‘‘(ii) care (directly or by contract) in any homeless veterans. lowing new paragraph (2): of the following settings: This is not a full summary of all the ‘‘(2) Of amounts made available under ‘‘(I) A domiciliary under section 1710 of provisions within this legislation. How- paragraph (1), not less than one percent shall this title. ever, I hope that I have provided an ap- be available for the furnishing of services de- ‘‘(II) A therapeutic residence under section scribed in subsection (b)(1)(D)(vii).’’. 2032 of this title. propriate overview of the major bene- ‘‘(III) Community residential care coordi- fits this legislation would provide. SEC. 5. MODIFICATIONS TO REQUIREMENTS RE- LATING TO PER DIEM PAYMENTS nated by the Secretary under section 1730 of Mr. President, I ask unanimous con- FOR SERVICES FURNISHED TO this title. sent that the text of the bill be printed HOMELESS VETERANS. ‘‘(IV) A setting for which the Secretary in the RECORD. (a) AUTHORIZATION OF PER DIEM PAYMENTS provides funds for a grant and per diem pro- There being no objection, the text of FOR FURNISHING CARE TO DEPENDENTS OF vider. the bill was ordered to be printed in CERTAIN HOMELESS VETERANS.—Section ‘‘(2) For purposes of paragraph (1), in deter- the RECORD, as follows: 2012(a) of title 38, United States Code, is mining whether a veteran has received as- S. 3309 amended by adding at the end the following sistance or care for a period of 60 consecutive new paragraph: days, the Secretary may disregard breaks in Be it enacted by the Senate and House of Rep- ‘‘(4) Services for which a recipient of a resentatives of the United States of America in the continuity of assistance or care for grant under section 2011 of this title (or an Congress assembled, which the veteran is not responsible.’’. entity described in paragraph (1)) may re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 8. EXTENSIONS OF AUTHORITIES AND PRO- ceive per diem payments under this sub- GRAMS AFFECTING HOMELESS VET- (a) SHORT TITLE.—This Act may be cited as section may include furnishing care for a de- ERANS. the ‘‘Homeless Veterans Assistance Improve- pendent of a homeless veteran who is under (a) COMPREHENSIVE SERVICE PROGRAMS.— ment Act of 2012’’. the care of such homeless veteran while such (b) TABLE OF CONTENTS.—The table of con- Section 2013 of title 38, United States Code, tents for this Act is as follows: homeless veteran receives services from the is amended by striking paragraph (5) and in- grant recipient (or entity).’’. serting the following new paragraphs: Sec. 1. Short title; table of contents. (b) PROVISION OF FUNDS FOR PER DIEM PAY- Sec. 2. Requirement that recipients of ‘‘(5) $250,000,000 for fiscal year 2013. MENTS FOR NONCONFORMING ENTITIES.— grants from Department of Vet- ‘‘(6) $150,000,000 for fiscal year 2014 and each (1) IN GENERAL.—Section 2012(d)(1) of such erans Affairs for comprehensive subsequent fiscal year.’’. title is amended, in the matter preceding service programs for homeless (b) HOMELESS VETERANS REINTEGRATION subparagraph (A), by striking ‘‘may make’’ veterans meet physical privacy, PROGRAMS.—Section 2021(e)(1)(F) of such and inserting ‘‘shall make’’. safety, and security needs of title is amended by striking ‘‘2012’’ and in- (2) REGULATIONS REQUIRED.—Not later than such veterans. serting ‘‘2013’’. Sec. 3. Modification of authority of Depart- one year after the date of the enactment of (c) OUTREACH, CARE, TREATMENT, REHABILI- ment of Veteran Affairs to pro- this Act, the Secretary of Veterans Affairs TATION, AND THERAPEUTIC TRANSITIONAL vide capital improvement shall prescribe such regulations as may be HOUSING FOR VETERANS SUFFERING FROM SE- grants for comprehensive serv- necessary to implement the amendment RIOUS MENTAL ILLNESS.—Section 2031(b) of ice programs that assist home- made by paragraph (1). such title is amended by striking ‘‘December less veterans. SEC. 6. AUTHORIZATION OF GRANTS BY DEPART- 31, 2012’’ and inserting ‘‘December 31, 2014’’. Sec. 4. Funding for furnishing legal services MENT OF VETERANS AFFAIRS TO (d) PROGRAM TO EXPAND AND IMPROVE PRO- to very low-income veteran CENTERS THAT PROVIDE SERVICES VISION OF BENEFITS AND SERVICES BY DEPART- TO HOMELESS VETERANS FOR MENT OF VETERANS AFFAIRS TO HOMELESS families in permanent housing. OPERATIONAL EXPENSES. Sec. 5. Modifications to requirements relat- VETERANS.—Section 2033(d) of such title is (a) IN GENERAL.—Subchapter II of chapter ing to per diem payments for amended by striking ‘‘December 31, 2012’’ and 20 of title 38, United States Code, is amended services furnished to homeless inserting ‘‘December 31, 2014’’. by inserting after section 2012 the following veterans. (e) HOUSING ASSISTANCE FOR HOMELESS new section: Sec. 6. Authorization of grants by Depart- VETERANS.—Section 2041(c) of such title is ment of Veterans Affairs to ‘‘§ 2012A. Service center operational grants amended by striking ‘‘December 31, 2012’’ and centers that provide services to ‘‘(a) IN GENERAL.—Subject to the avail- inserting ‘‘December 31, 2013’’. homeless veterans for oper- ability of appropriations provided for such (f) FINANCIAL ASSISTANCE FOR SUPPORTIVE ational expenses. purpose, the Secretary may award to a re- SERVICES FOR VERY LOW-INCOME VETERAN

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FAMILIES IN PERMANENT HOUSING.—Section ‘‘Polycystic Kidney Disease Awareness SA 2453. Ms. STABENOW submitted an 2044(e)(1) of such title is amended by adding Week’’; amendment intended to be proposed by her at the end the following new subparagraph: (2) supports the goals and ideals of Poly- to the bill S. 3240, supra; which was ordered ‘‘(E) $300,000,000 for fiscal year 2013.’’. cystic Kidney Disease Awareness Week, to to lie on the table. (g) GRANT PROGRAM FOR HOMELESS VET- raise public awareness and understanding of SA 2454. Mr. KERRY submitted an amend- ERANS WITH SPECIAL NEEDS.—Section polycystic kidney disease; ment intended to be proposed by him to the 2061(c)(1) of such title is amended by striking (3) recognizes the need for additional re- bill S. 3240, supra; which was ordered to lie ‘‘through 2012’’ and inserting ‘‘through 2015’’. search to find treatments and a cure for on the table. (h) ADVISORY COMMITTEE ON HOMELESS polycystic kidney disease; and SA 2455. Mrs. MURRAY submitted an VETERANS.—Section 2066(d) of such title is (4) encourages the people of the United amendment intended to be proposed by her amended by striking ‘‘December 31, 2012’’ and States and interested groups to support to the bill S. 3240, supra; which was ordered inserting ‘‘December 31, 2014’’. Polycystic Kidney Disease Awareness Week to lie on the table. SA 2456. Mrs. BOXER submitted an amend- f through appropriate ceremonies and activi- ties, to promote public awareness of poly- ment intended to be proposed by her to the bill S. 3240, supra; which was ordered to lie SUBMITTED RESOLUTIONS cystic kidney disease, and to foster under- on the table. standing of the impact of such disease on pa- SA 2457. Mr. WARNER (for himself, Mrs. tients and their families. SENATE RESOLUTION 495—DESIG- SHAHEEN, and Mr. KIRK) submitted an f NATING THE PERIOD BEGINNING amendment intended to be proposed by him AMENDMENTS SUBMITTED AND to the bill S. 3240, supra; which was ordered ON JUNE 17, 2012, AND ENDING to lie on the table. ON JUNE 23, 2012, AS ‘‘POLY- PROPOSED SA 2458. Ms. STABENOW (for Ms. SNOWE) CYSTIC KIDNEY DISEASE SA 2439. Mr. DURBIN (for himself and Mr. proposed an amendment to the resolution S. AWARENESS WEEK’’, AND RAIS- COBURN) submitted an amendment intended Res. 488, commending the efforts of the fire- ING AWARENESS AND UNDER- to be proposed by him to the bill S. 3240, to fighters and emergency response personnel of STANDING OF POLYCYSTIC KID- reauthorize agricultural programs through Maine, New Hampshire, Massachusetts, and NEY DISEASE AND THE IMPACT 2017, and for other purposes; which was or- Connecticut, who came together to extin- dered to lie on the table. guish the May 23, 2012, fire at Portsmouth SUCH DISEASE HAS ON PA- SA 2440. Mr. AKAKA submitted an amend- Naval Shipyard in Kittery, Maine. TIENTS ment intended to be proposed by him to the f Mr. KOHL (for himself and Mr. bill S. 3240, supra; which was ordered to lie TEXT OF AMENDMENTS HATCH) submitted the following resolu- on the table. tion; which was considered and agreed SA 2441. Mr. AKAKA submitted an amend- SA 2439. Mr. DURBIN (for himself ment intended to be proposed by him to the and Mr. COBURN) submitted an amend- to: bill S. 3240, supra; which was ordered to lie S. RES. 495 on the table. ment intended to be proposed by him Whereas polycystic kidney disease, known SA 2442. Mr. WYDEN submitted an amend- to the bill S. 3240, to reauthorize agri- as ‘‘PKD’’, is a life-threatening genetic dis- ment intended to be proposed by him to the cultural programs through 2017, and for ease, affecting newborns, children, and bill S. 3240, supra; which was ordered to lie other purposes; which was ordered to adults regardless of sex, age, race, geog- on the table. lie on the table; as follows: raphy, income, or ethnicity; SA 2443. Mr. MORAN submitted an amend- At the appropriate place, insert the fol- Whereas there are 2 forms of polycystic ment intended to be proposed by him to the lowing: bill S. 3240, supra; which was ordered to lie kidney disease, autosomal dominant SEC. llll. LIMITATION ON PREMIUM SUBSIDY (ADPKD), and autosomal recessive (ARPKD), on the table. BASED ON AVERAGE ADJUSTED a rare form frequently leading to early SA 2444. Ms. COLLINS submitted an GROSS INCOME. death; amendment intended to be proposed by her Section 508(e) of the Federal Crop Insur- Whereas polycystic kidney disease causes to the bill S. 3240, supra; which was ordered ance Act (7 U.S.C. 1508(e)) (as amended by multiple cysts to form on both kidneys to lie on the table. section 11023(b)) is amended by adding at the (ranging in size from a pinhead to a grape- SA 2445. Mr. BROWN of Ohio submitted an end the following: amendment intended to be proposed by him fruit), leading to an increase in kidney size ‘‘(9) LIMITATION ON PREMIUM SUBSIDY BASED to the bill S. 3240, supra; which was ordered and weight; ON AVERAGE ADJUSTED GROSS INCOME.— to lie on the table. Whereas polycystic kidney disease is a sys- ‘‘(A) DEFINITION OF AVERAGE ADJUSTED SA 2446. Mr. NELSON of Nebraska sub- temic disease that causes damage to the kid- GROSS INCOME.—In this paragraph, the term mitted an amendment intended to be pro- neys and the cardiovascular, endocrine, he- ‘average adjusted gross income’ has the posed to amendment SA 2172 submitted by patic, and gastrointestinal systems; meaning given the term in section 1001D(a) Mr. SESSIONS and intended to be proposed to Whereas patients with polycystic kidney of the Food Security Act of 1985 (7 U.S.C. the bill S. 3240, supra; which was ordered to disease often experience no symptoms early 1308–3a(a)). lie on the table. IMITATION.—Notwithstanding any in the disease, and many patients do not re- SA 2447. Mr. BEGICH (for himself and Mr. ‘‘(B) L alize they have polycystic kidney disease other provision of this subtitle and begin- MCCAIN) submitted an amendment intended until other organs are affected; to be proposed by him to the bill S. 3240, ning with the 2014 reinsurance year, in the Whereas symptoms of polycystic kidney supra; which was ordered to lie on the table. case of any producer that is a person or legal disease may include high blood pressure, SA 2448. Mr. BARRASSO submitted an entity that has an average adjusted gross in- chronic pain in the back, sides or abdomen, amendment intended to be proposed to come in excess of $750,000 based on the most blood in the urine, urinary tract infection, amendment SA 2347 submitted by Mr. NEL- recent data available from the Farm Service heart disease, and kidney stones; SON of Nebraska and intended to be proposed Agency as of the beginning of the reinsur- Whereas polycystic kidney disease is the to the bill S. 3240, supra; which was ordered ance year, the total amount of premium sub- number 1 genetic cause of kidney failure in to lie on the table. sidy provided with respect to additional cov- the United States; SA 2449. Mr. BARRASSO submitted an erage under subsection (c), section 508B, or Whereas more than half of polycystic kid- amendment intended to be proposed to section 508C issued on behalf of the producer ney disease patients will reach kidney fail- amendment SA 2348 submitted by Mr. NEL- for a reinsurance year shall be 15 percentage ure and require dialysis or a kidney trans- SON of Nebraska and intended to be proposed points less than the premium subsidy pro- plant to survive, thus placing an extra strain to the bill S. 3240, supra; which was ordered vided in accordance with this subsection on dialysis and kidney transplantation re- to lie on the table. that would otherwise be available for the ap- sources; SA 2450. Mr. BARRASSO submitted an plicable policy, plan of insurance, and cov- Whereas there is no treatment or cure for amendment intended to be proposed to erage level selected by the producer. polycystic kidney disease; and amendment SA 2294 submitted by Mr. UDALL ‘‘(C) APPLICATION.— Whereas there are thousands of volunteers of Colorado (for himself and Mr. BENNET) and ‘‘(i) STUDY.—Not later than 1 year after the nationwide dedicated to expanding essential intended to be proposed to the bill S. 3240, date of enactment of this Act, the Secretary, research, fostering public awareness and un- supra; which was ordered to lie on the table. in consultation with the Government Ac- derstanding, educating patients and their SA 2451. Mr. BOOZMAN submitted an countability Office, shall carry out a study families about polycystic kidney disease to amendment intended to be proposed by him to determine the effects of the limitation de- improve treatment and care, providing ap- to the bill S. 3240, supra; which was ordered scribed in subparagraph (B) on— propriate moral support, and encouraging to lie on the table. ‘‘(I) the overall operations of the Federal people to become organ donors: Now, there- SA 2452. Ms. MURKOWSKI (for herself and crop insurance program; fore, be it Mr. BEGICH) submitted an amendment in- ‘‘(II) the number of producers participating Resolved, That the Senate— tended to be proposed by her to the bill S. in the Federal crop insurance program; (1) designates the period beginning on June 3240, supra; which was ordered to lie on the ‘‘(III) the level of coverage purchased by 17, 2012, and ending on June 23, 2012, as table. participating producers;

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‘‘(IV) the amount of premiums paid by par- ‘‘(C) title V of the Housing Act of 1949 (42 ‘‘(1) DEFINITION OF GLEANER.—In this sub- ticipating producers and the Federal Govern- U.S.C. 1471 et seq.). section, the term ‘gleaner’ means an entity ment; ‘‘(2) SUBSTANTIALLY UNDERSERVED TRUST that— ‘‘(V) any potential liability for partici- AREA.—The term ‘substantially underserved ‘‘(A) collects edible, surplus food that pating producers, approved insurance pro- trust area’ means a community in ‘trust would be thrown away and distributes the viders, and the Federal Government; land’ (as defined in section 3765 of title 38, food to agencies or nonprofit organizations ‘‘(VI) different crops or growing regions; United States Code). that feed the hungry; or ‘‘(VII) program rating structures; ‘‘(b) INITIATIVE.—The Secretary, in con- ‘‘(B) harvests for free distribution to the ‘‘(VIII) creation of schemes or devices to sultation with local governments and Fed- needy, or for donation to agencies or non- evade the impact of the limitation; and eral agencies, may implement an initiative profit organizations for ultimate distribu- ‘‘(IX) administrative and operating ex- to identify and improve the availability of tion to the needy, an agricultural crop that penses paid to approved insurance providers eligible programs in communities in sub- has been donated by the owner of the crop. and underwriting gains and loss for the Fed- stantially underserved trust areas. ‘‘(2) PROGRAM.—Not later than 180 days eral government and approved insurance pro- ‘‘(c) AUTHORITY OF SECRETARY.—In car- after the date of enactment of this sub- viders. rying out subsection (b), the Secretary— section, the Secretary shall establish, within ‘‘(ii) EFFECTIVENESS.—The limitation de- ‘‘(1) may make available from loan or loan the operating loan program established scribed in subparagraph (B) shall not take ef- guarantee programs administered by the under this chapter, a pilot program under fect unless the Secretary determines, Secretary to qualified entities or applicants which the Secretary makes loans available through the study described in clause (i), financing with an interest rate as low as 2 to eligible entities to assist the entities in that the limitation would not— percent and with extended repayment terms; providing food to the hungry. ‘‘(I) significantly increase the premium ‘‘(2) may waive nonduplication restric- ‘‘(3) ELIGIBILITY.—In addition to any other amount paid by producers with an average tions, matching fund requirements, or credit person eligible under the terms and condi- adjusted gross income of less than $750,000; support requirements from any loan or grant tions of the operating loan program estab- ‘‘(II) result in a decline in the crop insur- program administered by the Secretary to lished under this chapter, gleaners shall be ance coverage available to producers; and facilitate the construction, acquisition, or eligible to receive loans under this sub- ‘‘(III) increase the total cost of the Federal improvement of infrastructure, or for other section. crop insurance program.’’. purposes; ‘‘(4) LOAN AMOUNT.— ‘‘(3) may give the highest funding priority ‘‘(A) IN GENERAL.—Each loan issued under SA 2440. Mr. AKAKA submitted an to designated projects in substantially un- the program shall be in an amount of not amendment intended to be proposed by derserved trust areas; and less than $500 and not more than $5,000. him to the bill S. 3240, to reauthorize ‘‘(4) shall only make loans or loan guaran- ‘‘(B) REDISTRIBUTION.—If the eligible re- agricultural programs through 2017, tees that are found to be financially feasible cipients in a State do not use the full alloca- and for other purposes; which was or- and that provide eligible program benefits to tion of loans that are available to eligible re- substantially underserved trust areas. dered to lie on the table; as follows: cipients in the State under this subsection, ‘‘(d) ELIGIBILITY OF TRUST LAND FOR ELIGI- the Secretary may use any unused amounts Strike section 5102 and insert the fol- BLE PROGRAMS.—For purposes of eligibility to make loans available to eligible entities lowing: for eligible programs, trust land (as defined in other States in accordance with this sub- SEC. 5102. LOANS TO PURCHASERS OF HIGHLY in section 3765 of title 38, United States section. FRACTIONATED LAND. Code) shall be considered by the Secretary to ‘‘(5) LOAN PROCESSING.— (a) IN GENERAL.—The first sentence of Pub- be a rural area. ‘‘(A) IN GENERAL.—The Secretary shall lic Law 91–229 (25 U.S.C. 488) is amended— ‘‘(e) REPORT.—Each year, the Secretary process any loan application submitted (1) in subsection (a), in the first sentence, shall submit to Congress a report that de- under the program not later than 30 days by striking ‘‘loans from’’ and all that follows scribes— after the date on which the application was through ‘‘1929)’’ and inserting ‘‘direct loans ‘‘(1) the progress of the initiative imple- submitted. in a manner consistent with direct loans pur- mented under subsection (b); and ‘‘(B) EXPEDITING APPLICATIONS.—The Sec- suant to chapter 4 of subtitle A of the Con- ‘‘(2) recommendations for any regulatory retary shall take any measure the Secretary solidated Farm and Rural Development or legislative changes that would be appro- determines necessary to expedite any appli- Act’’; priate to improve services to substantially cation submitted under the program. (2) in subsection (b)(1)— underserved trust areas. ‘‘(6) PAPERWORK REDUCTION.—The Sec- (A) by striking ‘‘pursuant to section 205(c) ‘‘SEC. 3916. REGULATIONS. retary shall take measures to reduce any pa- of the Indian Land Consolidation Act (25 ‘‘The Secretary may issue such regula- perwork requirements for loans under the U.S.C. 2204(c))’’; and tions, prescribe such terms and conditions program. (B) by inserting ‘‘or to intermediaries in for making or guaranteeing loans, security ‘‘(7) PROGRAM INTEGRITY.—The Secretary order to establish revolving loan funds for instruments, and agreements, except as oth- shall take such actions as are necessary to the purchase of highly fractionated land erwise specified in this title, and make such ensure the integrity of the program estab- under that section’’ before the period at the delegations of authority as the Secretary lished under this subsection. end; and considers necessary to carry out this title.’’. ‘‘(8) MAXIMUM AMOUNT.—Of funds that are (3) by adding at the end the following: SEC. 6002. CONFORMING AMENDMENTS. made available to carry out this chapter, the ‘‘(c) CONSULTATION REQUIRED.—In deter- Secretary shall use to carry out this sub- mining regulations and procedures to define (a) Section 17(c) of the Rural Electrifica- tion Act of 1936 (7 U.S.C. 917(c)) is amended section a total amount of not more than eligible purchasers of highly fractionated $500,000. land under this section, the Secretary of Ag- by striking paragraph (1) and inserting the ‘‘(9) REPORT.—Not later than 180 days after riculture shall consult with the Secretary of following: ‘‘(1) Subtitle B of the Consolidated Farm the maximum amount of funds are used to the Interior.’’. carry out this subsection under paragraph (b) RELATIONSHIP TO OTHER AMENDMENT.— and Rural Development Act.’’. (8), the Secretary shall submit to the Com- Section 6002 is amended by striking sub- (b) Section 305(c)(2)(B)(i)(I) of the Rural mittee on Agriculture of the House of Rep- section (bb). Electrification Act of 1936 (7 U.S.C. 935(c)(2)(B)(i)(I)) is amended by striking ‘‘sec- resentatives and the Committee on Agri- SA 2441. Mr. AKAKA submitted an tion 307(a)(3)(A) of the Consolidated Farm culture, Nutrition, and Forestry of the Sen- ate a report that describes the results of the amendment intended to be proposed by and Rural Development Act (7 U.S.C. 1927(a)(3)(A))’’ and inserting ‘‘section pilot program and the feasibility of expand- him to the bill S. 3240, to reauthorize ing the program. agricultural programs through 2017, 3701(b)(2) of the Consolidated Farm and Rural Development Act’’. and for other purposes; which was or- (c) Section 306F of the Rural Electrifica- SA 2443. Mr. MORAN submitted an dered to lie on the table; as follows: tion Act of 1936 (7 U.S.C. 936f) is repealed. Strike section 3915 of the Consolidated amendment intended to be proposed by Farm and Rural Development Act (as added SA 2442. Mr. WYDEN submitted an him to the bill S. 3240, to reauthorize by section 6001) and all that follows through amendment intended to be proposed by agricultural programs through 2017, section 6002(c), and insert the following: him to the bill S. 3240, to reauthorize and for other purposes; which was or- ‘‘SEC. 3915. SUBSTANTIALLY UNDERSERVED agricultural programs through 2017, dered to lie on the table; as follows: TRUST AREAS. ‘‘(a) DEFINITIONS.—In this section: and for other purposes; which was or- In section 7408, strike ‘‘(2) in subsection ‘‘(1) ELIGIBLE PROGRAM.—The term ‘eligible dered to lie on the table; as follows: (h)—’’ and insert the following: program’ means a program administered by At the end of section 3201 of the Consoli- (2) by redesignating subsection (h) as sub- the Secretary and authorized in— dated Farm and Rural Development Act (as section (i); ‘‘(A) this Act; added by section 5001), add the following: (3) by inserting after subsection (g) the fol- ‘‘(B) the Rural Electrification Act of 1936 (7 ‘‘(e) PILOT LOAN PROGRAM TO SUPPORT lowing: U.S.C. 901 et seq.); or HEALTHY FOODS FOR THE HUNGRY.— ‘‘(h) STATE GRANTS.—

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‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In $3,750,000 for each of fiscal years 2014 through ‘‘(ii) for each private insurance provider, this subsection, the term ‘eligible entity’ 2017, to remain available until expended. by name— means— On page 782, between lines 14 and 15 and in- ‘‘(I) the underwriting gains earned through ‘‘(A) an agency of a State or political sub- sert the following: participation in the federally subsidized crop division of a State; SEC. 6203. FUNDING OF PENDING RURAL DEVEL- insurance program; and ‘‘(B) a national, State, or regional organi- OPMENT LOAN AND GRANT APPLI- ‘‘(II) the amount paid under this subtitle zation of agricultural producers; and CATIONS. for— ‘‘(C) any other entity determined appro- (a) IN GENERAL.—The Secretary shall use ‘‘(aa) administrative and operating ex- priate by the Secretary. funds made available under subsection (b) to penses; ‘‘(2) GRANTS.—The Secretary shall use such provide funds for applications that are pend- ‘‘(bb) any Federal portion of indemnities sums as are necessary of funds made avail- ing on the date of enactment of this Act in and reinsurance; and able to carry out this section for each fiscal accordance with the terms and conditions of ‘‘(cc) any other purpose. year under subsection (i) to make grants to section 6029 of the Food, Conservation, and ‘‘(B) LIMITATION.—The Secretary shall not States, on a competitive basis, which States Energy Act of 2008 (Public Law 110–246; 122 disclose information pertaining to individ- shall use the grants to make grants to eligi- Stat. 1955). uals and entities covered by a catastrophic ble entities to establish and improve farm (b) FUNDING.—Notwithstanding any other risk protection plan offered under section safety programs at the local level.’’; and provision of law, beginning in fiscal year 508(b).’’. (4) in subsection (i) (as redesignated by 2014, of the funds of the Commodity Credit paragraph (2))— Corporation, the Secretary shall use to carry SA 2448. Mr. BARRASSO submitted out this section $50,000,000, to remain avail- an amendment intended to be proposed SA 2444. Ms. COLLINS submitted an able until expended. to amendment SA 2347 submitted by amendment intended to be proposed by On page 832, line 6, strike ‘‘$50,000,000 for Mr. NELSON of Nebraska and intended her to the bill S. 3240, to reauthorize fiscal year 2013’’ and insert ‘‘$17,000,000 for to be proposed to the bill S. 3240, to re- agricultural programs through 2017, each of fiscal years 2013 through 2017’’. authorize agricultural programs and for other purposes; which was or- SA 2446. Mr. NELSON of Nebraska through 2017, and for other purposes; dered to lie on the table; as follows: submitted an amendment intended to which was ordered to lie on the table; At the end of part II of subtitle D of title be proposed to amendment SA 2172 sub- as follows: I, add the following: mitted by Mr. SESSIONS and intended In lieu of the matter proposed to be in- SEC. 1463. STUDY ON FEDERAL MILK MARKETING to be proposed to the bill S. 3240, to re- serted, insert the following: ORDERS. ll authorize agricultural programs SEC. 122 . GRAZING PERMITS AND LEASES. (a) IN GENERAL.—The Secretary shall con- (a) TERMS OF GRAZING PERMITS AND duct a study of the implications of the Fed- through 2017, and for other purposes; LEASES.—Section 402 of the Federal Land eral milk marketing orders issued under the which was ordered to lie on the table; Policy and Management Act of 1976 (43 Agricultural Adjustment Act (7 U.S.C. 601 et as follows: U.S.C. 1752) is amended— seq.), reenacted with amendments by the Ag- In lieu of the matter proposed to be in- (1) by striking ‘‘ten years’’ each place it ricultural Marketing Agreement Act of 1937. serted, insert the following: appears and inserting ‘‘20 years’’; and (b) REQUIREMENTS.—The study shall in- (2) in subsection (b)— clude— SEC. 4011. PERFORMANCE BONUS PAYMENTS. Section 16(d) of the Food and Nutrition Act (A) by striking ‘‘or’’ at the end of each of (1) an analysis of the impact of— paragraphs (1) and (2); (A) end product pricing on milk price vola- of 2008 (7 U.S.C. 2025(d)) is amended by adding at the end the following: (B) in paragraph (3), by striking the period tility; and at the end and inserting ‘‘; or’’; and ‘‘(5) USE OF PERFORMANCE BONUS PAY- (B) classified pricing and pooling on proc- (C) by adding at the end the following: essing investment, competition, and dairy MENTS.—A State agency may use a perform- ance bonus payment received under this sub- ‘‘(4) the initial environmental analysis product innovation; and under National Environmental Policy Act of (2) the feasibility of replacing end product section only to carry out the program estab- lished under this Act, including investments 1969 (42 U.S.C. 4321 et seq.) regarding a graz- pricing and moving toward a competitive ing allotment, permit, or lease has not been pricing or mandatory price reporting system. in— ‘‘(A) technology; completed.’’. (c) FEDERAL MILK MARKETING ORDER RE- (b) RENEWAL, TRANSFER, AND REISSUANCE ‘‘(B) improvements in administration and VIEW COMMISSION.—The Secretary may use OF GRAZING PERMITS AND LEASES.—Title IV distribution; and the Federal Milk Market Order Review Com- of the Federal Land Policy and Management ‘‘(C) actions to prevent fraud, waste, and mission established under section 1509(a) of Act of 1976 (43 U.S.C. 1751 et seq.) is amended the Food, Conservation, and Energy Act of abuse.’’. by adding at the end the following: 2008 (Public Law 110–246; 122 Stat. 1726) or ‘‘SEC. 405. RENEWAL, TRANSFER, REISSUANCE, documents of the Commission, to conduct all SA 2447. Mr. BEGICH (for himself and AND PENDING PROCESSING OF or part of the study required by this section. Mr. MCCAIN) submitted an amendment GRAZING PERMITS AND LEASES. (d) REPORT.—Not later than 180 days after intended to be proposed by him to the ‘‘(a) DEFINITIONS.—In this section: the date of enactment of this Act, the Sec- bill S. 3240, to reauthorize agricultural ‘‘(1) CURRENT GRAZING MANAGEMENT.—The retary shall submit to the Committee on Ag- programs through 2017, and for other term ‘current grazing management’ means riculture of the House of Representatives purposes; which was ordered to lie on grazing in accordance with the terms and and the Committee on Agriculture, Nutri- the table; as follows: conditions of an existing permit or lease and tion, and Forestry of the Senate a report includes any modifications that are con- that describes the results of the study re- After section 11023, insert the following: sistent with an applicable Department of In- quired under this section, including any rec- SEC. 11024. DISCLOSURE IN THE PUBLIC INTER- terior resource management plan or Depart- ommendations. EST. ment of Agriculture land use plan. Section 502(c)(2) of the Federal Crop Insur- ‘‘(2) SECRETARY CONCERNED.—The term SA 2445. Mr. BROWN of Ohio sub- ance Act (7 U.S.C. 1502(c)(2)) is amended— ‘Secretary concerned’ means— mitted an amendment intended to be (1) by redesignating subparagraphs (A) and ‘‘(A) the Secretary of Agriculture, with re- proposed by him to the bill S. 3240, to (B) as subparagraphs (C) and (D) respec- spect to National Forest System land; and reauthorize agricultural programs tively; and ‘‘(B) the Secretary of the Interior, with re- (2) by inserting before subparagraph (C) (as through 2017, and for other purposes; spect to land under the jurisdiction of the so redesignated) the following: Department of the Interior. which was ordered to lie on the table; ‘‘(A) DISCLOSURE IN THE PUBLIC INTEREST.— ‘‘(b) RENEWAL, TRANSFER, REISSUANCE, AND as follows: Notwithstanding paragraph (1) or any other PENDING PROCESSING.—A grazing permit or On page 574, between lines 11 and 12, insert provision of law, except as provided in sub- lease issued by the Secretary of the Interior, the following: paragraph (B), the Secretary shall on an an- or a grazing permit issued by the Secretary ‘‘(C) MANDATORY FUNDING.—Of the funds of nual basis make available to the public— of Agriculture regarding National Forest the Commodity Credit Corporation, the Sec- ‘‘(i)(I) the name of each individual or enti- System land, that expires, is transferred, or retary shall use to carry out this subsection ty who obtained a federally subsidized crop is waived shall be renewed or reissued under, $12,500,000 for each of fiscal years 2014 insurance, livestock, or forage policy or plan as appropriate— through 2017, to remain available until ex- of insurance during the previous fiscal year; ‘‘(1) section 402; pended. ‘‘(II) the amount of premium subsidy re- ‘‘(2) section 19 of the Act of April 24, 1950 On page 606, between lines 4 and 5, insert ceived by the individual or entity from the (commonly known as the ‘Granger-Thye the following: Corporation; and Act’; 16 U.S.C. 580l); ‘‘(E) MANDATORY FUNDING FOR FISCAL ‘‘(III) the amount of any Federal portion of ‘‘(3) title III of the Bankhead-Jones Farm YEARS 2013 THROUGH 2017.—Of the funds of the indemnities paid in the event of a loss during Tenant Act (7 U.S.C. 1010 et seq.); or Commodity Credit Corporation, the Sec- that fiscal year for each policy associated ‘‘(4) section 510 the California Desert Pro- retary shall use to carry out this paragraph with that individual or entity; and tection Act of 1994 (16 U.S.C. 410aaa–50).

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‘‘(c) TERMS; CONDITIONS.—The terms and (B) in paragraph (3), by striking the period has met, or has satisfactorily progressed to- conditions (except the termination date) at the end and inserting ‘‘; or’’; and wards meeting, objectives contained in the contained in an expired, transferred, or (C) by adding at the end the following: land use and resource management plan of waived permit or lease described in sub- ‘‘(4) the initial environmental analysis the allotment, as determined by the Sec- section (b) shall continue in effect under a under National Environmental Policy Act of retary concerned; or renewed or reissued permit or lease until the 1969 (42 U.S.C. 4321 et seq.) regarding a graz- ‘‘(3) the decision is consistent with the pol- date on which the Secretary concerned com- ing allotment, permit, or lease has not been icy of the Department of the Interior or the pletes the processing of the renewed or re- completed.’’. Department of Agriculture, as appropriate, issued permit or lease that is the subject of (b) RENEWAL, TRANSFER, AND REISSUANCE regarding extraordinary circumstances. the expired, transferred, or waived permit or OF GRAZING PERMITS AND LEASES.—Title IV ‘‘(g) PRIORITY AND TIMING FOR COMPLETING lease, in compliance with each applicable of the Federal Land Policy and Management ENVIRONMENTAL ANALYSES.—The Secretary law. Act of 1976 (43 U.S.C. 1751 et seq.) is amended concerned, in the sole discretion of the Sec- ‘‘(d) CANCELLATION; SUSPENSION; MODIFICA- by adding at the end the following: retary concerned, shall determine the pri- TION.—Notwithstanding subsection (c), a per- ‘‘SEC. 405. RENEWAL, TRANSFER, REISSUANCE, ority and timing for completing each re- mit or lease described in subsection (b) may AND PENDING PROCESSING OF quired environmental analysis regarding any be cancelled, suspended, or modified in ac- GRAZING PERMITS AND LEASES. grazing allotment, permit, or lease based on cordance with applicable law. ‘‘(a) DEFINITIONS.—In this section: the environmental significance of the allot- ‘‘(e) RENEWAL, TRANSFER, OR REISSUANCE ‘‘(1) CURRENT GRAZING MANAGEMENT.—The ment, permit, or lease and available funding AFTER PROCESSING.—When the Secretary term ‘current grazing management’ means for that purpose. concerned has completed the processing of grazing in accordance with the terms and ‘‘(h) NEPA EXEMPTIONS.—The National En- the renewed or reissued permit or lease that conditions of an existing permit or lease and vironmental Policy Act of 1969 (42 U.S.C. 4321 is the subject of the expired, transferred, or includes any modifications that are con- et seq.) shall not apply to the following: waived permit or lease, the Secretary con- sistent with an applicable Department of In- ‘‘(1) Crossing and trailing authorizations of cerned may renew or reissue the permit or terior resource management plan or Depart- domestic livestock. lease for a term of 20 years after completion ment of Agriculture land use plan. ‘‘(2) Transfer of grazing preference.’’. of processing. ‘‘(2) SECRETARY CONCERNED.—The term ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRON- ‘Secretary concerned’ means— SA 2450. Mr. BARRASSO submitted MENTAL POLICY ACT OF 1969.—The renewal, ‘‘(A) the Secretary of Agriculture, with re- an amendment intended to be proposed reissuance, or transfer of a grazing permit or spect to National Forest System land; and to amendment SA 2294 submitted by lease by the Secretary concerned may, at the ‘‘(B) the Secretary of the Interior, with re- Mr. UDALL of Colorado (for himself and sole discretion of the Secretary concerned, spect to land under the jurisdiction of the be categorically excluded from the require- Mr. BENNET) and intended to be pro- Department of the Interior. posed to the bill S. 3240, to reauthorize ment to prepare an environmental assess- ‘‘(b) RENEWAL, TRANSFER, REISSUANCE, AND ment or an environmental impact statement PENDING PROCESSING.—A grazing permit or agricultural programs through 2017, if— lease issued by the Secretary of the Interior, and for other purposes; which was or- ‘‘(1) the decision to renew, reissue, or or a grazing permit issued by the Secretary dered to lie on the table; as follows: transfer continues the current grazing man- of Agriculture regarding National Forest In lieu of the matter proposed to be in- agement of the allotment; System land, that expires, is transferred, or serted, insert the following: ‘‘(2) monitoring of the allotment has indi- is waived shall be renewed or reissued under, SEC. 8303. COOPERATIVE AGREEEMENTS FOR cated that the current grazing management as appropriate— FOREST, RANGELAND, AND WATER- has met, or has satisfactorily progressed to- ‘‘(1) section 402; SHED RESTORATION AND PROTEC- wards meeting, objectives contained in the ‘‘(2) section 19 of the Act of April 24, 1950 TION SERVICES. land use and resource management plan of (commonly known as the ‘Granger-Thye (a) DEFINITIONS.—In this section: the allotment, as determined by the Sec- Act’; 16 U.S.C. 580l); (1) ELIGIBLE STATE.—The term ‘‘eligible retary concerned; or ‘‘(3) title III of the Bankhead-Jones Farm State’’ means a State that contains National ‘‘(3) the decision is consistent with the pol- Tenant Act (7 U.S.C. 1010 et seq.); or Forest System land or Bureau of Land Man- icy of the Department of the Interior or the ‘‘(4) section 510 the California Desert Pro- agement land located west of the 100th me- Department of Agriculture, as appropriate, tection Act of 1994 (16 U.S.C. 410aaa–50). ridian. regarding extraordinary circumstances. ‘‘(c) TERMS; CONDITIONS.—The terms and (2) SECRETARY.—The term ‘‘Secretary’’ ‘‘(g) PRIORITY AND TIMING FOR COMPLETING conditions (except the termination date) means— ENVIRONMENTAL ANALYSES.—The Secretary contained in an expired, transferred, or (A) the Secretary of Agriculture, with re- concerned, in the sole discretion of the Sec- waived permit or lease described in sub- spect to National Forest System land; or retary concerned, shall determine the pri- section (b) shall continue in effect under a (B) the Secretary of the Interior, with re- ority and timing for completing each re- renewed or reissued permit or lease until the spect to Bureau of Land Management land. quired environmental analysis regarding any date on which the Secretary concerned com- (3) STATE FORESTER.—The term ‘‘State for- grazing allotment, permit, or lease based on pletes the processing of the renewed or re- ester’’ means the head of a State agency the environmental significance of the allot- issued permit or lease that is the subject of with jurisdiction over State forestry pro- ment, permit, or lease and available funding the expired, transferred, or waived permit or grams in an eligible State. for that purpose. lease, in compliance with each applicable (b) COOPERATIVE AGREEMENTS AND CON- ‘‘(h) NEPA EXEMPTIONS.—The National En- law. TRACTS.— vironmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(d) CANCELLATION; SUSPENSION; MODIFICA- (1) IN GENERAL.—The Secretary may enter et seq.) shall not apply to the following: TION.—Notwithstanding subsection (c), a per- into a cooperative agreement or contract ‘‘(1) Crossing and trailing authorizations of mit or lease described in subsection (b) may (including a sole source contract) with a domestic livestock. be cancelled, suspended, or modified in ac- State forester to authorize the State forester ‘‘(2) Transfer of grazing preference.’’. cordance with applicable law. to provide the forest, rangeland, and water- ‘‘(e) RENEWAL, TRANSFER, OR REISSUANCE shed restoration and protection services de- SA 2449. Mr. BARRASSO submitted AFTER PROCESSING.—When the Secretary scribed in paragraph (2) on National Forest an amendment intended to be proposed concerned has completed the processing of System land or Bureau of Land Management to amendment SA 2348 submitted by the renewed or reissued permit or lease that land, as applicable, in the eligible State. Mr. NELSON of Nebraska and intended is the subject of the expired, transferred, or (2) AUTHORIZED SERVICES.—The forest, to be proposed to the bill S. 3240, to re- waived permit or lease, the Secretary con- rangeland, and watershed restoration and authorize agricultural programs cerned may renew or reissue the permit or protection services referred to in paragraph (1) include the conduct of— through 2017, and for other purposes; lease for a term of 20 years after completion of processing. (A) activities to treat insect infected trees; which was ordered to lie on the table; ‘‘(f) COMPLIANCE WITH NATIONAL ENVIRON- (B) activities to reduce hazardous fuels; as follows: MENTAL POLICY ACT OF 1969.—The renewal, and In lieu of the matter proposed to be in- reissuance, or transfer of a grazing permit or (C) any other activities to restore or im- serted, insert the following: lease by the Secretary concerned may, at the prove forest, rangeland, and watershed SEC. 122ll. GRAZING PERMITS AND LEASES. sole discretion of the Secretary concerned, health, including fish and wildlife habitat. (a) TERMS OF GRAZING PERMITS AND be categorically excluded from the require- (3) STATE AS AGENT.—Except as provided in LEASES.—Section 402 of the Federal Land ment to prepare an environmental assess- paragraph (6), a cooperative agreement or Policy and Management Act of 1976 (43 ment or an environmental impact statement contract entered into under paragraph (1) U.S.C. 1752) is amended— if— may authorize the State forester to serve as (1) by striking ‘‘ten years’’ each place it ‘‘(1) the decision to renew, reissue, or the agent for the Secretary in providing the appears and inserting ‘‘20 years’’; and transfer continues the current grazing man- restoration and protection services author- (2) in subsection (b)— agement of the allotment; ized under paragraph (1). (A) by striking ‘‘or’’ at the end of each of ‘‘(2) monitoring of the allotment has indi- (4) SUBCONTRACTS.—In accordance with ap- paragraphs (1) and (2); cated that the current grazing management plicable contract procedures for the eligible

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State, a State forester may enter into sub- cation for a loan under this section with re- (1) IN GENERAL.—As soon as practicable, contracts to provide the restoration and pro- spect to a dwelling in the United States sole- the Office of Management and Budget shall tection services authorized under a coopera- ly on the basis that the application relates submit to Congress a detailed report on the tive agreement or contract entered into to a dwelling with an alternative water sup- impact of the sequestration required to be under paragraph (1). ply system (including a catchment, holding ordered by paragraphs (7)(A) and (8) of sec- (5) TIMBER SALES.—Subsections (d) and (g) tank, or cistern system), if the Secretary de- tion 251A of the Balanced Budget and Emer- of section 14 of the National Forest Manage- termines that it is not feasible for the dwell- gency Deficit Control Act of 1985 (2 U.S.C. ment Act of 1976 (16 U.S.C. 472a) shall not ing to obtain potable water from a conven- 901a) for fiscal year 2013 on January 2, 2013. apply to services performed under a coopera- tional water supply system.’’. (2) ELEMENTS.—The report required by tive agreement or contract entered into paragraph (1) shall include the following: under paragraph (1). SA 2453. Ms. STABENOW submitted (A) For discretionary appropriations an es- (6) RETENTION OF NEPA RESPONSIBILITIES.— an amendment intended to be proposed timate for the defense and nondefense func- Any decision required to be made under the by her to the bill S. 3240, to reauthorize tions based on current law of the sequestra- National Environmental Policy Act of 1969 agricultural programs through 2017, tion percentages and amount necessary to (42 U.S.C. 4321 et seq.) with respect to any and for other purposes; which was or- achieve the required reduction. restoration and protection services to be pro- (B) For direct spending an estimate for the vided under this section by a State forester dered to lie on the table; as follows: defense and nondefense functions based on on National Forest System land or Bureau of On page 1006, between lines 21 and 22, insert current law of the sequestration percentages Land Management land, as applicable, shall the following: and amount necessary to achieve the re- not be delegated to a State forester or any ‘‘(4) ADDITIONAL AVAILABILITY.— quired reduction. other officer or employee of the eligible ‘‘(A) IN GENERAL.—As soon as practicable (C) Any other data or information that State. after October 1, 2013, the Secretary shall would enhance public understanding of the (7) APPLICABLE LAW.—The restoration and make assistance available to producers of an sequester and its effect on the defense and protection services to be provided under this otherwise eligible crop described in sub- nondefense functions of the Federal Govern- section shall be carried out on a project-to- section (a)(2) that suffered losses— ment including the impact on essential pub- project basis under existing authorities of ‘‘(i) to a 2012 annual fruit crop grown on a lic safety responsibilities such as homeland the Forest Service or Bureau of Land Man- bush or tree; and security, food safety, and air traffic control agement, as applicable. ‘‘(ii) in a county covered by a declaration activities. by the Secretary of a natural disaster for SA 2451. Mr. BOOZMAN submitted an production losses due to a freeze or frost. SA 2456. Mrs. BOXER submitted an amendment intended to be proposed by ‘‘(B) ASSISTANCE.—The Secretary shall amendment intended to be proposed by him to the bill S. 3240, to reauthorize make assistance available under subpara- her to the bill S. 3240, to reauthorize agricultural programs through 2017, graph (A) in an amount equivalent to assist- agricultural programs through 2017, ance available under paragraph (1), less any and for other purposes; which was or- and for other purposes; which was or- fees not previously paid under paragraph dered to lie on the table; as follows: dered to lie on the table; as follows: (2).’’. At the appropriate place in title IV, insert On p. 1009, after line 11, add the following: the following: SA 2454. Mr. KERRY submitted an SEC. 122 ll. REQUIREMENTS FOR AERIAL OVER- FLIGHTS OF AGRICULTURAL OPER- SEC. 4llll. QUALITY CONTROL BONUSES. amendment intended to be proposed by ATIONS TO PROTECT PUBLIC Section 16 of the Food and Nutrition Act of him to the bill S. 3240, to reauthorize HEALTH AND SAFETY. 2008 (7 U.S.C. 2025) is amended— agricultural programs through 2017, The Administrator of the Environmental (1) in subsection (c)— and for other purposes; which was or- Protection Agency, pursuant to her responsi- (A) in the first sentence of paragraph (4), dered to lie on the table; as follows: bility to protect public health and safety, by striking ‘‘payment error rate’’ and all shall only conduct aerial overflights to in- At the end of subtitle A of title III, add the that follows through ‘‘subsection (d)’’ and in- spect agricultural operations if the EPA Ad- following: serting ‘‘liability amount or new investment ministrator determines that aerial over- amount under paragraph (1) or payment SEC. 3015. PROHIBITION ON ASSISTANCE FOR flights are more cost-effective than ground error rate’’; and NORTH KOREA. inspections to the taxpayer and the Agency (B) in the first sentence of paragraph (5), (a) IN GENERAL.—No amounts may be obli- has notified the appropriate State officials of by striking ‘‘payment error rate’’ and all gated or expended to provide assistance such flights. that follows through ‘‘subsection (d)’’ and in- under title II of the Food for Peace Act (7 serting ‘‘liability amount or new investment U.S.C. 1721 et seq.) to the Democratic Peo- SA 2457. Mr. WARNER (for himself, amount under paragraph (1) or payment ple’s Republic of Korea. Mrs. SHAHEEN, and Mr. KIRK) submitted error rate’’; (b) NATIONAL INTEREST WAIVER.—The an amendment intended to be proposed (2) by striking subsection (d); and President may waive subsection (a) if the by him to the bill S. 3240, to reauthor- President determines and certifies to the (3) in subsection (i)(1), by striking ‘‘sub- ize agricultural programs through 2017, section (d)(1)’’ and inserting ‘‘subsection Committees on Agriculture, Nutrition, and Forestry and Foreign Relations of the Sen- and for other purposes; which was or- (c)(2)’’. dered to lie on the table; as follows: On page 337, line 8, strike ‘‘$28,000,000’’ and ate and the Committees on Agriculture and insert ‘‘$71,000,000’’. Foreign Affairs of the House of Representa- Strike section 6104 and insert the fol- On page 337, line 10, strike ‘‘$24,000,000’’ and tives that the waiver is in the national inter- lowing: insert ‘‘$67,000,000’’. est of the United States. SEC. 6104. ACCESS TO BROADBAND TELE- On page 337, line 12, strike ‘‘$20,000,000’’ and COMMUNICATIONS SERVICES IN insert ‘‘$63,000,000’’. SA 2455. Mrs. MURRAY submitted an RURAL AREAS. On page 337, line 14, strike ‘‘$18,000,000’’ and amendment intended to be proposed by Section 601 of the Rural Electrification Act insert ‘‘$61,000,000’’. her to the bill S. 3240, to reauthorize of 1936 (7 U.S.C. 950bb) is amended— (1) in subsection (a), by striking ‘‘loans On page 337, line 16, strike ‘‘$10,000,000’’ and agricultural programs through 2017, insert ‘‘$53,000,000’’. and’’ and inserting ‘‘grants, loans, and’’; and for other purposes; which was or- (2) in subsection (b), by striking paragraph SA 2452. Ms. MURKOWSKI (for her- dered to lie on the table; as follows: (3) and inserting the following: ‘‘(3) RURAL AREA.—The term ‘rural area’ self and Mr. BEGICH) submitted an At the appropriate place, insert the fol- lowing: means any area described in section 3002 of amendment intended to be proposed by the Consolidated Farm and Rural Develop- her to the bill S. 3240, to reauthorize SEC. ll. REPORT ON EFFECTS OF DEFENSE AND NONDEFENSE BUDGET SEQUESTRA- ment Act.’’; agricultural programs through 2017, TION. (3) in subsection (c)— and for other purposes; which was or- (a) FINDINGS.—Congress makes the fol- (A) in the subsection heading, by striking dered to lie on the table; as follows: lowing findings: ‘‘LOANS AND’’ and inserting ‘‘GRANTS, LOANS, At the end of subtitle C of title VI, add the (1) The inability of the Joint Select Com- AND’’; following: mittee on Deficit Reduction to find (B) in paragraph (1), by inserting ‘‘make SEC. 6203. LOANS UNDER SECTION 502 OF THE $1,200,000,000,000 in savings will trigger auto- grants and’’ after ‘‘Secretary shall’’; HOUSING ACT OF 1949 FOR CERTAIN matic funding reductions known as ‘‘seques- (C) by striking paragraph (2) and inserting DWELLINGS IN THE STATE OF ALAS- tration’’ to raise an equivalent level of sav- the following: KA. ings between 2013 and 2021. ‘‘(2) PRIORITY.— Section 502(a) of the Housing Act of 1949 (42 (2) These savings are in addition to ‘‘(A) IN GENERAL.—In making grants, loans, U.S.C. 1472(a)) is amended by adding at the $900,000,000,000 in deficit reduction resulting or loan guarantees under paragraph (1), the end the following: from discretionary spending limits estab- Secretary shall— ‘‘(4) Notwithstanding any other provision lished by the Budget Control Act of 2011. ‘‘(i) establish not less than 2, and not more of law, the Secretary may not deny an appli- (b) REPORT.— than 4, evaluation periods for each fiscal

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.023 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4248 CONGRESSIONAL RECORD — SENATE June 18, 2012 year to compare grant, loan, and loan guar- (i) in the matter preceding clause (i), by (ii) by striking ‘‘loan or’’ and inserting antee applications and to prioritize grants, striking ‘‘loan or’’ and inserting ‘‘grant, ‘‘grant, loan, or’’; and loans, and loan guarantees to all or part of loan, or’’; (iii) by adding at the end the following: rural communities that do not have residen- (ii) by striking clause (i) and inserting the ‘‘(B) PILOT PROGRAMS.—The Secretary may tial broadband service that meets the min- following: carry out pilot programs in conjunction with imum acceptable level of broadband service ‘‘(i) demonstrate the ability to furnish, im- interested entities described in subparagraph established under subsection (e); prove in order to meet the minimum accept- (A) (which may be in partnership with other ‘‘(ii) give the highest priority to applicants able level of broadband service established entities, as determined appropriate by the that offer to provide broadband service to under subsection (e), or extend broadband Secretary) to address areas that are the greatest proportion of unserved rural service to all or part of an unserved rural unserved or have service levels below the households or rural households that do not area or an area below the minimum accept- minimum acceptable level of broadband serv- have residential broadband service that able level of broadband service established ice established under subsection (e).’’; meets the minimum acceptable level of under subsection (e);’’; (E) in paragraph (5)— broadband service established under sub- (iii) in clause (ii), by striking ‘‘a loan ap- (i) in the matter preceding subparagraph section (e), as— plication’’ and inserting ‘‘an application’’; (A), by striking ‘‘loan or’’ and inserting ‘‘(I) certified by the affected community, and ‘‘grant, loan, or’’; and city, county, or designee; or (iv) in clause (iii)— (ii) in subparagraph (C), by inserting ‘‘, and ‘‘(II) demonstrated on— (I) by striking ‘‘the loan application’’ and proportion relative to the service territory,’’ ‘‘(aa) the broadband map of the affected inserting ‘‘the application’’; and after ‘‘estimated number’’; State if the map contains address-level data; (II) by striking ‘‘proceeds from the loan (F) in paragraph (6), by striking ‘‘loan or’’ or made or guaranteed under this section are’’ and inserting ‘‘grant, loan, or’’; ‘‘(bb) the National Broadband Map if ad- and inserting ‘‘assistance under this section (G) in paragraph (7), by striking ‘‘a loan dress-level data is unavailable; and is’’; application’’ and inserting ‘‘an application’’; ‘‘(iii) give a higher priority to applicants (B) in paragraph (2)— and that have not previously received grants, (i) in subparagraph (A)— (H) by adding at the end the following: loans, or loan guarantees under paragraph (1) and that are seeking to build out unserved (I) in the matter preceding clause (i)— ‘‘(8) TRANSPARENCY AND REPORTING.—The areas or to upgrade rural households to the (aa) by striking ‘‘the proceeds of a loan Secretary— minimum acceptable level of broadband serv- made or guaranteed’’ and inserting ‘‘assist- ‘‘(A) shall require any entity receiving as- ice established under subsection (e). ance’’; and sistance under this section to submit quar- (bb) by striking ‘‘for the loan or loan guar- terly, in a format specified by the Secretary, ‘‘(B) OTHER.—After giving priority to the applicants described in subparagraph (A), the antee’’ and inserting ‘‘of the eligible entity’’; a report that describes— Secretary shall then give priority to projects (II) in clause (i), by striking ‘‘is offered ‘‘(i) the use by the entity of the assistance, that serve rural communities— broadband service by not more than 1 incum- including new equipment and capacity en- ‘‘(i) with a population of less than 20,000 bent service provider’’ and inserting ‘‘are hancements that support high-speed permanent residents; unserved or have service levels below the broadband access for educational institu- ‘‘(ii) experiencing outmigration; minimum acceptable level of broadband serv- tions, health care providers, and public safe- ‘‘(iii) with a high percentage of low-income ice established under subsection (e)’’; and ty service providers (including the estimated residents; and (III) in clause (ii), by striking ‘‘3’’ and in- number of end users who are currently using ‘‘(iv) that are isolated from other signifi- serting ‘‘2’’; or forecasted to use the new or upgraded in- cant population centers.’’; and (ii) by striking subparagraph (B) and in- frastructure); and (D) by adding at the end the following: serting the following: ‘‘(ii) the progress towards fulfilling the ob- ‘‘(3) GRANT AMOUNTS.— ‘‘(B) ADJUSTMENTS.— jectives for which the assistance was grant- ‘‘(A) ELIGIBILITY.—To be eligible for a ‘‘(i) INCREASE.—The Secretary may in- ed, including— grant under this section, the project that is crease the household percentage requirement ‘‘(I) the number and location of residences the subject of the grant shall be carried out under subparagraph (A)(i) if— and businesses that will receive new in a rural area. ‘‘(I) more than 25 percent of the costs of broadband service, existing network service ‘‘(B) MAXIMUM.—Except as provided in sub- the project are funded by grants made under improvements, and facility upgrades result- paragraph (D), the amount of any grant this section; or ing from the Federal assistance; made under this section shall not exceed 50 ‘‘(II) the proposed service territory in- ‘‘(II) the speed of broadband service; percent of the development costs of the cludes 1 or more communities with a popu- ‘‘(III) the price of broadband service; project for which the grant is provided. lation in excess of 20,000. ‘‘(IV) any changes in broadband service ‘‘(C) GRANT RATE.—The Secretary shall es- ‘‘(ii) REDUCTION.—The Secretary may re- adoption rates, including new subscribers tablish the grant rate for each project in ac- duce the household percentage requirement generated from demand-side projects; and cordance with regulations issued by the Sec- under subparagraph (A)(i)— ‘‘(V) any other metrics the Secretary de- retary that shall provide for a graduated ‘‘(I) to not less than 15 percent, if the pro- termines to be appropriate; scale of grant rates that establish higher posed service territory does not have a popu- ‘‘(B) shall maintain a fully searchable rates for projects in communities that lation in excess of 5,000 people; or database, accessible on the Internet at no have— ‘‘(II) to not less than 18 percent, if the pro- cost to the public, that contains, at a min- ‘‘(i) remote locations; posed service territory does not have a popu- imum— ‘‘(ii) low community populations; lation in excess of 7,500 people.’’; and ‘‘(i) a list of each entity that has applied ‘‘(iii) low income levels; (iii) in subparagraph (C)— for assistance under this section; ‘‘(iv) developed the applications of the (I) in the subparagraph heading, by strik- ‘‘(ii) a description of each application, in- communities with the participation of com- ing ‘‘3’’ and inserting ‘‘2’’; and cluding the status of each application; binations of stakeholders, including— (II) in clause (i), by inserting ‘‘the min- ‘‘(iii) for each entity receiving assistance ‘‘(I) State, local, and tribal governments; imum acceptable level of broadband service under this section— ‘‘(II) nonprofit institutions; established under subsection (e) in’’ after ‘‘(I) the name of the entity; ‘‘(III) institutions of higher education; ‘‘service to’’; ‘‘(II) the type of assistance being received; ‘‘(IV) private entities; and (C) in paragraph (3)— ‘‘(III) the purpose for which the entity is ‘‘(V) philanthropic organizations; and (i) in subparagraph (A), by striking ‘‘loan receiving the assistance; and ‘‘(v) targeted funding to provide the min- or’’ and inserting ‘‘grant, loan, or’’; and ‘‘(IV) each quarterly report submitted imum acceptable level of broadband service (ii) in subparagraph (B), by adding at the under subparagraph (A); and established under subsection (e) in all or part end the following: ‘‘(iv) such other information as is suffi- of an unserved community that is below that ‘‘(iii) INFORMATION.—Information sub- cient to allow the public to understand and minimum acceptable level of broadband serv- mitted under this subparagraph shall be— monitor assistance provided under this sec- ice. ‘‘(I) certified by the affected community, tion; ‘‘(D) SECRETARIAL AUTHORITY TO ADJUST.— city, county, or designee; and ‘‘(C) shall, in addition to other authority The Secretary may make grants of up to 75 ‘‘(II) demonstrated on— under applicable law, establish written pro- percent of the development costs of the ‘‘(aa) the broadband map of the affected cedures for all broadband programs adminis- project for which the grant is provided to an State if the map contains address-level data; tered by the Secretary that, to the max- eligible entity if the Secretary determines or imum extent practicable— that the project serves a remote or low in- ‘‘(bb) the National Broadband Map if ad- ‘‘(i) recover funds from loan defaults; come area that does not have access to dress-level data is unavailable.’’; ‘‘(ii)(I) deobligate awards to grantees that broadband service from any provider of (D) in paragraph (4)— demonstrate an insufficient level of perform- broadband service (including the appli- (i) by striking ‘‘Subject to paragraph (1),’’ ance (including failure to meet build-out re- cant).’’; and inserting the following: quirements, service quality issues, or other (4) in subsection (d)— ‘‘(A) IN GENERAL.—Subject to paragraph (1) metrics determined by the Secretary) or (A) in paragraph (1)(A)— and subparagraph (B),’’; wasteful or fraudulent spending; and

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.027 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE June 18, 2012 CONGRESSIONAL RECORD — SENATE S4249 ‘‘(II) award those funds, on a competitive (i) by inserting ‘‘grants and’’ after ‘‘num- (11) subsection (l) (as redesignated by para- basis, to new or existing applicants con- ber of’’; and graph (9))— sistent with this section; and (ii) by inserting ‘‘, including any loan (A) in paragraph (1)— ‘‘(iii) consolidate and minimize overlap terms or conditions for which the Secretary (i) by striking ‘‘$25,000,000’’ and inserting among the programs; provided additional assistance to unserved ‘‘$50,000,000’’; and ‘‘(D) with respect to an application for as- areas’’ before the semicolon at the end; (ii) by striking ‘‘2012’’ and inserting ‘‘2017’’; sistance under this section, shall— (C) in paragraph (2)— and ‘‘(i) promptly post on the website of the (i) in subparagraph (A), by striking ‘‘loan’’; (B) in paragraph (2)(A)— Rural Utility Service— and (i) in clause (i), by striking ‘‘and’’ at the ‘‘(I) an announcement that identifies— (ii) in subparagraph (B), by striking ‘‘loans end; ‘‘(aa) each applicant; and’’ and inserting ‘‘grants, loans, and’’; (ii) in clause (ii), by striking the period at ‘‘(bb) the amount and type of support re- (D) in paragraph (3), by striking ‘‘loan’’; the end and inserting ‘‘; and’’; and quested by each applicant; and (E) in paragraph (5), by striking ‘‘and’’ at (iii) by adding at the end the following: ‘‘(II) a list of the census block groups or the end; ‘‘(iii) set aside at least 1 percent to be used proposed service territory, in a manner spec- (F) in paragraph (6), by striking the period for— ified by the Secretary, that the applicant at the end and inserting ‘‘; and’’; and ‘‘(I) conducting oversight under this sec- proposes to service; (G) by adding at the end the following: tion; and ‘‘(ii) provide not less than 15 days for ‘‘(7) the overall progress towards fulfilling ‘‘(II) implementing accountability meas- the goal of improving the quality of rural broadband service providers to voluntarily ures and related activities authorized under life by expanding rural broadband access, as submit information about the broadband this section.’’; and demonstrated by metrics, including— services that the providers offer in the (12) in subsection (m) (as redesignated by ‘‘(A) the number of residences and busi- groups or tracts listed under clause (i)(II) so paragraph (9))— nesses receiving new broadband services; that the Secretary may assess whether the (A) by striking ‘‘loan or’’ and inserting ‘‘(B) network improvements, including fa- applications submitted meet the eligibility ‘‘grant, loan, or’’; and cility upgrades and equipment purchases; requirements under this section; and (B) by striking ‘‘2012’’ and inserting ‘‘2017’’. ‘‘(C) average broadband speeds and prices ‘‘(iii) if no broadband service provider sub- on a local and statewide basis; SA 2458. Ms. STABENOW (for Ms. mits information under clause (ii), consider ‘‘(D) any changes in broadband adoption the number of providers in the group or tract SNOWE) proposed an amendment to the rates; and resolution S. Res. 488, commending the to be established by reference to— ‘‘(E) any specific activities that increased ‘‘(I) the most current National Broadband high speed broadband access for educational efforts of the firefighters and emer- Map of the National Telecommunications institutions, health care providers. and pub- gency response personnel of Maine, and Information Administration; or lic safety service providers.’’; and New Hampshire, Massachusetts, and ‘‘(II) any other data regarding the avail- (9) by redesignating subsections (k) and (l) Connecticut, who came together to ex- ability of broadband service that the Sec- as subsections (l) and (m), respectively; tinguish the May 23, 2012, fire at Ports- retary may collect or obtain through reason- (10) by inserting after subsection (j) the mouth Naval Shipyard in Kittery, able efforts; and following: Maine; as follows: ‘‘(E) may establish additional reporting ‘‘(k) BROADBAND BUILDOUT DATA.— In the fourth whereas clause of the pre- and information requirements for any recipi- ‘‘(1) IN GENERAL.—As a condition of receiv- ent of any assistance under this section so as ing a grant, loan, or loan guarantee under amble, strike paragraph (18) and insert the to ensure compliance with this section.’’; this section, a recipient of assistance shall following: (5) in subsection (e)— provide to the Secretary address-level ‘‘(18) Newington Fire Department, New (A) by redesignating paragraph (2) as para- broadband buildout data that indicates the Hampshire;’’. graph (3); and location of new broadband service that is f (B) by striking paragraph (1) and inserting being provided or upgraded within the serv- NOTICE OF HEARINGS the following: ice territory supported by the grant, loan, or ‘‘(1) IN GENERAL.—Subject to paragraph (2), loan guarantee— COMMITTEE ON HEALTH, EDUCATION, LABOR, for purposes of this section, the minimum ‘‘(A) for purposes of inclusion in the semi- AND PENSIONS acceptable level of broadband service for a annual updates to the National Broadband Mr. HARKIN. Mr. President, I wish to rural area shall be at least— Map that is managed by the National Tele- announce that the Committee on ‘‘(A) a 4-Mbps downstream transmission communications and Information Adminis- Health, Education, Labor, and Pen- capacity; and tration (referred to in this subsection as the sions will meet in open session on ‘‘(B) a 1-Mbps upstream transmission ca- ‘Administration’); and pacity. ‘‘(B) not later than 30 days after the earlier Tuesday, June 19, 2012, at 10 a.m. in ‘‘(2) ADJUSTMENTS.— of— SD–430 Dirksen Senate Office Building ‘‘(A) IN GENERAL.—At least once every 2 ‘‘(i) the date of completion of any project to conduct a hearing entitled ‘‘Forty years, the Secretary shall review, and may milestone established by the Secretary; or Years and Counting: The Triumphs of adjust, the minimum acceptable level of ‘‘(ii) the date of completion of the project. Title IX.’’ broadband service established under para- ‘‘(2) ADDRESS-LEVEL DATA.—Effective be- For further information regarding graph (1) to ensure that high quality, cost-ef- ginning on the date the Administration re- this meeting, please contact Libby fective broadband service is provided to rural ceives data described in paragraph (1), the Masiuk of the committee staff on (202) areas over time. Administration shall use only address-level 224–5501. ‘‘(B) CONSIDERATIONS.—In making an ad- broadband buildout data for the National justment to the minimum acceptable level of Broadband Map. COMMITTEE ON HEALTH, EDUCATION, LABOR, broadband service under subparagraph (A), ‘‘(3) CORRECTIONS.— AND PENSIONS the Secretary may consider establishing dif- ‘‘(A) IN GENERAL.—The Secretary shall sub- Mr. HARKIN. Mr. President, I wish to ferent transmission rates for fixed broadband mit to the Administration any correction to announce that the Committee on service and mobile broadband service.’’; the National Broadband Map that is based on Health, Education, Labor, and Pen- (6) in subsection (f), by striking ‘‘make a the actual level of broadband coverage with- sions will meet in open session on loan or loan guarantee’’ and inserting ‘‘pro- in the rural area, including any requests for Thursday, June 21, 2012, at 10 a.m. in vide assistance’’; a correction from an elected or economic de- SD–430 Dirksen Senate Office Building (7) in subsection (g), by striking paragraph velopment official. to conduct a hearing entitled (2) and inserting the following: ‘‘(B) INCORPORATION.—Not later than 30 ‘‘(2) TERMS.—In determining the term and days after the date on which the Administra- ‘‘Olmstead Enforcement Update: Using conditions of a loan or loan guarantee, the tion receives a correction submitted under the ADA to Promote Community Inte- Secretary may— subparagraph (A), the Administration shall gration.’’ ‘‘(A) consider whether the recipient would incorporate the correction into the National For further information regarding be serving an area that is unserved; and Broadband Map. this meeting, please contact Lee ‘‘(B) if the Secretary makes a determina- ‘‘(C) USE.—If the Secretary has submitted Perselay of the committee staff on (202) tion in the affirmative under subparagraph a correction to the Administration under 228–3453. (A), establish a limited initial deferral period subparagraph (A), but the National or comparable terms necessary to achieve Broadband Map has not been updated to re- f the financial feasibility and long-term sus- flect the correct by the date on which the COMMENDING THE FIREFIGHTERS tainability of the project.’’; Secretary is making a grant or loan award AND EMERGENCY RESPONSE (8) in subsection (j)— decision under this section, the Secretary PERSONNEL—USS ‘‘MIAMI’’ FIRE (A) in the matter preceding paragraph (1), may use the correction submitted under that by striking ‘‘loan and loan guarantee’’; subparagraph for purposes of make the grant Ms. STABENOW. Mr. President, not- (B) in paragraph (1)— or loan award decision.’’; withstanding the adoption of S. Res.

VerDate Mar 15 2010 04:14 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A18JN6.027 S18JNPT1 tjames on DSK7SPTVN1PROD with SENATE S4250 CONGRESSIONAL RECORD — SENATE June 18, 2012 488 and the preamble thereto, I ask nities should be recognized and encouraged: The resolution (S. Res. 495) was unanimous consent that a Snowe Now, therefore, be it agreed to. amendment to the preamble that is at Resolved, That the Senate— The preamble was agreed to. the desk be agreed to. (1) designates July 28, 2012, as ‘‘National The resolution, with its preamble, Day of the American Cowboy’’; and The PRESIDING OFFICER. Without (2) encourages the people of the United reads as follows: objection, it is so ordered. States to observe the day with appropriate S. RES. 495 The amendment (No. 2458) was agreed ceremonies and activities. Whereas polycystic kidney disease, known to, as follows: f as ‘‘PKD’’, is a life-threatening genetic dis- In the fourth whereas clause of the pre- ease, affecting newborns, children, and amble, strike paragraph (18) and insert the POLYCYSTIC KIDNEY DISEASE adults regardless of sex, age, race, geog- following: AWARENESS WEEK raphy, income, or ethnicity; ‘‘(18) Newington Fire Department, New Ms. STABENOW. Mr. President, I ask Whereas there are 2 forms of polycystic Hampshire;’’. unanimous consent that the Senate kidney disease, autosomal dominant f (ADPKD), and autosomal recessive (ARPKD), proceed to S. Res. 495, submitted ear- a rare form frequently leading to early NATIONAL DAY OF THE AMERICAN lier today. death; COWBOY The PRESIDING OFFICER. The Whereas polycystic kidney disease causes Ms. STABENOW. I ask unanimous clerk will report the resolution by multiple cysts to form on both kidneys consent that the Judiciary Committee title. (ranging in size from a pinhead to a grape- be discharged from further consider- The legislative clerk read as follows: fruit), leading to an increase in kidney size A resolution (S. Res. 495) designating the and weight; ation of and the Senate now proceed to Whereas polycystic kidney disease is a sys- S. Res. 470. period beginning on June 17, 2012, and ending on June 23, 2012, as ‘‘Polycystic Kidney Dis- temic disease that causes damage to the kid- The PRESIDING OFFICER. Without neys and the cardiovascular, endocrine, he- objection, it is so ordered. The clerk ease Awareness Week,’’ and raising aware- ness and understanding of polycystic kidney patic, and gastrointestinal systems; will report the resolution by title. disease and the impact such disease has on Whereas patients with polycystic kidney The legislative clerk read as follows: patients. disease often experience no symptoms early in the disease, and many patients do not re- A resolution (S. Res. 470) designating July There being no objection, the Senate 28, 2012, as ‘‘National Day of the American alize they have polycystic kidney disease Cowboy.’’ proceeded to consider the resolution. until other organs are affected; Mr. KOHL. Mr. President, Senator Whereas symptoms of polycystic kidney There being no objection, the Senate HATCH and I submitted a resolution to disease may include high blood pressure, proceeded to consider the resolution. increase awareness of Polycystic Kid- chronic pain in the back, sides or abdomen, Ms. STABENOW. I ask unanimous blood in the urine, urinary tract infection, consent that the resolution be agreed ney Disease, PKD, a life-threatening genetic illness. heart disease, and kidney stones; to, the preamble be agreed to, and the Whereas polycystic kidney disease is the motions to reconsider be laid upon the PKD is the most common genetic ill- number 1 genetic cause of kidney failure in table. ness, and over 600,000 people have been the United States; The PRESIDING OFFICER. Without diagnosed with PKD nationwide. There Whereas more than half of polycystic kid- objection, it is so ordered. is no treatment or cure for this dev- ney disease patients will reach kidney fail- The resolution (S. Res. 470) was astating disease. Families and friends ure and require dialysis or a kidney trans- agreed to. provide unwavering support to their plant to survive, thus placing an extra strain on dialysis and kidney transplantation re- The preamble was agreed to. suffering loved ones. But there is hope. The PKD Founda- sources; The resolution, with its preamble, Whereas there is no treatment or cure for reads as follows: tion has reported the discovery of spe- polycystic kidney disease; and S. RES. 470 cific genes involved in the development Whereas there are thousands of volunteers Whereas pioneering men and women, rec- of PKD, allowing for the development nationwide dedicated to expanding essential ognized as ‘‘cowboys’’, helped establish the of clinical trials. research, fostering public awareness and un- American West; While scientists continue researching derstanding, educating patients and their Whereas the cowboy embodies honesty, in- to find new treatments and cures for families about polycystic kidney disease to tegrity, courage, compassion, respect, a PKD, others are working to bring improve treatment and care, providing ap- strong work ethic, and patriotism; awareness. Every year, the PKD Foun- propriate moral support, and encouraging people to become organ donors: Now, there- Whereas the cowboy spirit exemplifies dation holds an annual fundraising strength of character, sound family values, fore, be it and good common sense; walk for PKD. In Wisconsin, where Resolved, That the Senate— Whereas the cowboy archetype transcends over 11,000 patients are living with the (1) designates the period beginning on June ethnicity, gender, geographic boundaries, disease, residents gather across the 17, 2012, and ending on June 23, 2012, as and political affiliations; state to take part in this very special ‘‘Polycystic Kidney Disease Awareness Whereas the cowboy is an excellent stew- walk. Week’’; ard of the land and its creatures, who lives To support these efforts, I propose (2) supports the goals and ideals of Poly- off the land and works to protect and en- that Congress increase public aware- cystic Kidney Disease Awareness Week, to raise public awareness and understanding of hance the environment; ness of the disease by designating the Whereas cowboy traditions have been a polycystic kidney disease; part of American culture for generations; week of June 17 to 23 of this year as (3) recognizes the need for additional re- Whereas the cowboy continues to be an im- ‘‘National Polycystic Kidney Disease search to find treatments and a cure for portant part of the economy through the Awareness Week.’’ We will be taking a polycystic kidney disease; and work of many thousands of ranchers across positive step toward finding a cure for (4) encourages the people of the United the United States who contribute to the eco- this disease by increasing awareness. States and interested groups to support nomic well-being of every State; I trust that my colleagues will see Polycystic Kidney Disease Awareness Week Whereas millions of fans watch profes- how designating a week to this disease through appropriate ceremonies and activi- ties, to promote public awareness of poly- sional and working ranch rodeo events annu- will help those afflicted by polycystic ally, making rodeo one of the most-watched cystic kidney disease, and to foster under- sports in the United States; kidney disease, and I hope for my col- standing of the impact of such disease on pa- Whereas membership and participation in leagues’ full support of this important tients and their families. rodeo and other organizations that promote resolution. f and encompass the livelihood of cowboys Ms. STABENOW. I ask unanimous span every generation and transcend race consent that the resolution be agreed ORDERS FOR TUESDAY, JUNE 19, and gender; to, the preamble be agreed to, the mo- 2012 Whereas the cowboy is a central figure in tion to reconsider be laid on the table, Ms. STABENOW. Mr. President, I ask literature, film, and music and occupies a with no intervening action or debate, unanimous consent that when the Sen- central place in the public imagination; Whereas the cowboy is an American icon; and that any statements be printed in ate completes its business today, it ad- and the RECORD as if read. journ until 10 a.m. on Tuesday, June 19; Whereas the ongoing contributions made The PRESIDING OFFICER. Without that following the prayer and pledge, by cowboys and cowgirls to their commu- objection, it is so ordered. the Journal of proceedings be approved

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IN RECOGNITION OF JESSE BROWN B.A. in Journalism and Political Science from year, Susan and her co-workers volunteer at California State University, Los Angeles, and the Royal Family Kids Camp, and Susan is al- HON. DENNIS A. CARDOZA San Jose State University. He obtained his ways asking what more can she do to help. OF CALIFORNIA M.A. in Journalism from University of Cali- She goes above and beyond in her community fornia, Los Angeles. and in her workplace allowing every employee IN THE HOUSE OF REPRESENTATIVES Lloyd worked for the Los Angeles Herald and independent contractor to set his or her Monday, June 18, 2012 Examiner as a high school correspondent and own work schedule. Mr. CARDOZA. Mr. Speaker, I rise today then in radio at KNBC/KNX. Lloyd later served Mr. Speaker, I proudly ask you to join me in along with my colleague Congressman JEFF in the U.S. Army as a military broadcast jour- recognizing Susan J. Campbell Copywriting DENHAM to honor Jesse Brown for his years of nalist for the American Forces Korea Network Solutions. This business is a tremendous dedicated service to Merced County. Jesse is before coming to KTVU in 1976. asset to the St. Joseph community, and I am the Executive Director of the Merced County From 1987–1990, Lloyd served as Asian honored to represent this business in the Association of Governments (MCAG) and will American Journalists Association’s (AAJA) first United States Congress. be retiring after twenty-four years in the posi- elected national president. In 1991, Lloyd co- f tion. founded the UNITY alliance to increase diver- MCAG was formed in 1967 by the local gov- sity in the news and served as its first presi- TRIBUTE TO AMBASSADOR RENEE ernments in the Merced County region as a dent. His mentorship, reputation, and service JONES-BOS OF THE NETHERLANDS forum for making key decisions on regional earned him AAJA’s Lifetime Achievement growth and transportation issues. Jesse took Award in 2004. HON. CHRIS VAN HOLLEN on his position in 1988. He is well known for Lloyd covered stories ranging from the L.A. OF MARYLAND his leadership in promoting regional solutions Riots in 1992 and the Columbine high school IN THE HOUSE OF REPRESENTATIVES shooting to the first landing of the Space Shut- to the many challenges facing the region, in- Monday, June 18, 2012 cluding transportation, public transit and solid tle at Edwards Air Force Base and a flight into waste. In his thirty years of public service, Mr. St. Helen’s volcano crater. His reporting Mr. VAN HOLLEN. Mr. Speaker, I rise to ex- Jesse has successfully worked to build part- led him to the Philippines to cover the Marcos tend my warmest regards and great apprecia- nerships at the state and federal level to en- vs. Aquino Presidential campaign, Honduras tion to Ambassador Jones-Bos for her suc- sure the San Joaquin Valley remains a high to report on Hurricane Mitch, and Vietnam to cessful efforts to reinforce the strong ties be- priority. produce a series on Amerasian children. tween the people of the United States and the Jesse has served as Chair of the California For his work, Lloyd has won six Emmy people of the Netherlands. Council of Governments Director Association, Awards from the National Academy of Arts For four years, Ambassador Jones-Bos has President of the San Joaquin Valley Transpor- and Sciences. He received awards from the served the Dutch people with energy and tation Planning Directors Association, and Ex- Associated Press and the Peninsula Press grace in a time of great tumult for both the ecutive Director of the Yosemite Area Re- Club. He uses his expertise to teach jour- Dutch and American people. During her ten- gional Transportation System, known as nalism at San Jose State University and ure, our two peoples have stood side-by-side YARTS. Additionally, he served as a com- Menlo College. on the battlefields of Afghanistan and as part- mittee member through the Greater Merced We honor Lloyd LaCuesta, on the special ners in the aftermath of global financial crisis. Chamber of Commerce to ensure that Merced occasion of his retirement and will miss him Throughout these challenges, Ambassador was the choice place for the tenth campus of on the ten o’clock news. We commend Lloyd Jones-Bos has been a poised and unwavering the University of California. for his invaluable service to our community advocate for her country and strong ally to the Jesse has a Bachelor’s in Public Administra- and wish him the best in his future adven- United States. Through her educational efforts tion and M.S. in Urban Planning from the Uni- tures. We are very fortunate to have benefited and through her sound advice at key times, versity of Arizona. from his dedication, tenacity, and perspective. Ambassador Jones-Bos has played a major Mr. Speaker, we thank you for the oppor- He has left his mark in San Jose and the larg- diplomatic role in the most significant events tunity to recognize Jesse Brown and his ca- er community. of our bi-lateral relationship over the last four reer with the Merced County Association of f years. Governments. Further, we appreciate you join- The people of the Netherlands and the ing us in thanking him for his dedicated serv- SUSAN J. CAMPBELL United States have shared a bond since the ice to Merced County and his commitment to Dutch ship, the Half Moon, first sailed up the the betterment of the region. We wish him well HON. SAM GRAVES Hudson River more than 400 years ago. The during this next chapter of his life. OF MISSOURI Dutch helped settle and found New Amster- f IN THE HOUSE OF REPRESENTATIVES dam, Brooklyn, and Harlem. Their descend- ents rose to become Presidents of the United HONORING LLOYD LACUESTA Monday, June 18, 2012 States and to build the great fortunes that UPON HIS RETIREMENT FROM Mr. GRAVES of Missouri. Mr. Speaker, I helped America attain its stature as the most KTVU proudly pause to recognize Susan J. Campbell prosperous and powerful Nation this world has of Susan J. Campbell Copywriting Solutions of ever known. HON. ZOE LOFGREN Saint Joseph, Missouri. This business has As an enthusiastic and committed joint-cus- OF CALIFORNIA been chosen to receive the YWCA Women of todian of those ties since 2008, Ambassador IN THE HOUSE OF REPRESENTATIVES Excellence Award for Employer of Excellence. Jones-Bos helped to strengthen our ability to Susan J. Campbell is passionate about her confront with confidence the major challenges Monday, June 18, 2012 work and she takes every opportunity to en- that our two countries face today. The strength Ms. ZOE LOFGREN of California. Mr. sure those who work with her are able to of our alliance and the endurance of our Speaker, I rise to acknowledge and honor break into a similar passion. Balancing work friendship have made both our nations strong- Lloyd LaCuesta upon his retirement from and family is perhaps the greatest stand-out er and the world more secure as a con- KTVU. feature within the company. Susan sets the sequence. Lloyd retires on June 15th, after over 35 pace by working hard to build the company, As co-chair of the Congressional Caucus on years of reporting with KTVU Channel 2 encouraging co-workers, and reaching out in the Netherlands, on behalf of my colleagues News. Lloyd held the position of South Bay service to the community. and on behalf of a grateful Nation, I thank Am- Bureau Chief for decades and is the longest Susan is involved in many service opportu- bassador Jones-Bos for her dedicated service tenured reporter at KTVU. He received his nities and invites co-workers to join in. Each in support of the ties between the Dutch and

∑ 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 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K18JN8.001 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1052 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2012 American people and I congratulate her on her dent Abraham Lincoln and the restoration of age. Most recently, Irish Echo named Mayor many successes as her country’s representa- the Gosport Regatta allows for recognition of Doherty to the ‘‘40 Under 40’’ for his efforts tive to the U.S. this important historical connection to the Star and outstanding contributions to the Irish- f Island Retreat and Conference Center, on the American community. Isles of Shoals in Rye, New Hampshire. Matt Doherty is a Financial Advisor at Inves- CELEBRATING THE 136TH ANNI- I commend the Board of Directors and the tors Bank. He was previously employed as a VERSARY OF ST. JOHN MIS- Staff of the Star Island Corporation for their Licensed Mortgage Banker and owner of SIONARY BAPTIST CHURCH time and efforts on this restoration, and wish Doherty Mortgage, LLC located in Belmar. He you all the best for continued success in the earned his Bachelor’s degree and a Master’s HON. EDDIE BERNICE JOHNSON future. degree in Public Policy from Georgetown Uni- versity. Matt is happily married to Maggie OF TEXAS f Moran. Together, they have two daughters, IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF MAYOR MATT Hannah and Claire. Monday, June 18, 2012 DOHERTY Mr. Speaker, Mayor Matt Doherty continues Ms. EDDIE BERNICE JOHNSON of Texas. to exemplify outstanding contributions to Mr. Speaker, I rise today to congratulate St. HON. FRANK PALLONE, JR. Belmar, New Jersey and serves as an out- John Missionary Baptist Church on the historic OF NEW JERSEY standing role model and dedicated leader of occasion of its 136th year anniversary. From IN THE HOUSE OF REPRESENTATIVES the Irish-American community. The fitting rec- ognition of Irish Man of the Year bestowed by its most humble beginnings in 1876, the Monday, June 18, 2012 church has gown to provide a wealth of spir- the Friendly Sons of the Shillelagh is a fitting Mr. PALLONE. Mr. Speaker, I rise today to itual guidance and stewardship to so many in tribute to his outstanding contributions. recognize Matt Doherty, Mayor of Belmar, the Dallas area. f New Jersey. Mayor Doherty is the 2012 recipi- Like the structure that houses its ent of the Friendly Sons of the Shillelagh Irish HEALTH CARE COST REDUCTION congregants today, St. John Missionary Bap- Man of the Year award. Matt is a respected ACT OF 2012 tist Church has been a bedrock of devotion member of Belmar, New Jersey and continues and service to thousands in the community to dedicate his efforts to improving the com- SPEECH OF over the years. The church’s call to action for munity. His commitment to his profession and decades has been ‘‘Where Christianity is a HON. LORETTA SANCHEZ constituents is truly worthy of this body’s rec- business and not a sideline,’’ and so many OF CALIFORNIA ognition. have taken up that call to provide leadership IN THE HOUSE OF REPRESENTATIVES In 2006, Mayor Doherty was elected to and evangelism to their friends and neighbors. serve on the Borough Council and was re- Thursday, June 7, 2012 I want to acknowledge the church’s current elected in 2009. He proudly served as Bor- Ms. LORETTA SANCHEZ of California. Mr. pastor, the Reverend Bertrain Bailey for his ough Council President and was respected by Speaker, I rise today to discuss my vote on stalwart commitment to outreach in his min- his colleagues and constituents. Matt Doherty H.R. 436, the Protect Medical Innovation Act istry, and the leadership and guidance he has was elected Mayor of the Borough of Belmar, of 2011. As many of my colleagues know, I provided. New Jersey on November 2, 2010. During his helped lead the charge throughout the 2010 Mr. Speaker, please join me in congratu- tenure as Mayor, Belmar has continued to see healthcare debate to ensure the medical de- lating St. John Missionary Baptist Church on tremendous growth and prosperity. He has vice industry was not overly burdened by the their 136th year in service to God and their also been the catalyst for growth and pros- Patient Protection and Affordable Care Act community. St. John Missionary Baptist perity throughout the Borough and an advo- (ACA). During negotiations on the final Church has fed the souls of generations in cate for improvement projects. Of his many healthcare bill, I made it a point to argue that Dallas and the surrounding communities, and notable accomplishments as Mayor, Matt is overly taxing the medical device industry may it in its blessings continue to prosper and often praised for his support of first-respond- would stump innovation, affect patient care grow in the years to come. ers. Mayor Doherty implemented free beach quality and burden an already struggling job f access for all Monmouth County First-Aid and market. When we came together to discuss Fire Department Volunteers throughout health care reform, we agreed that it was nec- IN RECOGNITION OF STAR ISLAND Belmar. He has also required the implementa- CORPORATION AND THEIR SUC- essary for everyone to contribute in order to tion of Mobi-Mats on the beach for ADA-ap- CESSFUL RESTORATION OF THE ensure a successful outcome. That is why I HISTORIC GOSPORT REGATTA proved accessibility. The 9th Avenue pier at fought tirelessly, within my own caucus, to the Belmar Marina has been redeveloped as a make sure the bill was responsible in the way result of Mayor Doherty’s foresight and inge- Congress paid for the legislation. HON. FRANK C. GUINTA nuity. In addition to his capacity as Mayor, As we approach the 2014 deadline of final OF NEW HAMPSHIRE Matt served as ADA coordinator, Harbor Com- implementation for ACA, many uncertainties IN THE HOUSE OF REPRESENTATIVES missioner, and presided as a member of the have arisen from both the general public and Belmar Planning Board. Mayor Doherty is a business community. The Republican Majority Monday, June 18, 2012 passionate and committed leader, whose has addressed this growing concern with an Mr. GUINTA. Mr. Speaker, it is with great unyielding leadership and vision for the future onslaught on key revenue provisions of the pleasure that I congratulate the non-profit Star of Belmar are exemplified through his actions ACA. In fact, they have paid for those repeals Island Corporation for their successful restora- as Mayor. by targeting programs from those individuals tion of the historic Gosport Regatta. Mayor Doherty demonstrates strong ties to who need ACA the most. For that reason, I The Star Island Corporation has owned and the Irish-American community. Matt is a dedi- was forced to vote against H.R. 436, which maintained Star Island for almost 100 years. cated member of the Friendly Sons of the CBO estimated, if enacted, could remove over As part of the National Historic District located Shillelagh of the Jersey Shore and is ap- 350,000 individuals off of health care. Given on the Isles of Shoals, the Corporation was plauded for his commitment. His participation that many of my constituents rely on the desirous of re-creating a historic moment in and contributions to the organization remain, health care benefits provided by the ACA, I time for the benefit of today’s retreats and in part, a reason for the organization’s suc- could not support this bill as written. conferences on the island. Research into the cess. Matt is also a member of the Ancient However, as the full implementation moves 1875 Gosport Regatta, which was held to cel- Order of Hibernians and serves as a trustee forward, I will continue to monitor the effects ebrate the opening of the Oceanic Hotel on for the Inlet Terrace Association in Belmar. In of this legislation on the medical device indus- the island, revealed that the race was won by addition to his recreational and professional try. If the capacity that is anticipated to flood the America, the yacht for which the America’s career, Matt has traveled to Northern Ireland the markets does not become realized, I am Cup is named. The Captain and owner of the multiple times to participate in the ‘‘Bloody ready and willing to work with the medical de- America, General Benjamin Franklin Butler, Sunday March’’ in Derry, Ireland. He has also vice industry to unburden them of any unnec- played a pivotal role in the creation of the visited Ballybriggen, Ireland and continues to essary taxes, while responsibly ensuring that Emancipation Proclamation issued by Presi- proudly represent his Irish culture and herit- the rest of the ACA moves forward.

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A18JN8.001 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 18, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1053 CHRISTI NORRIS acy of RCA for South Jersey and its residents committee member to the First Presbyterian should not go unrecognized. I join all of South Church. As Area Coordinator for Phi Delta HON. SAM GRAVES Jersey in paying tribute to this exceptional or- Kappa, she traveled the western part of Mis- OF MISSOURI ganization. souri encouraging quality education. She has IN THE HOUSE OF REPRESENTATIVES f also contributed her time and talents to the Monday, June 18, 2012 Calla Varner Board, the Junior League, the TOP COPS—ISSAQUAH PD Flower Society, the St. Joseph Symphony, Mr. GRAVES of Missouri. Mr. Speaker, I and the Performing Arts Association, among proudly pause to recognize Christi Norris of HON. DAVID G. REICHERT others. With an enthusiastic personality and a Saint Joseph, Missouri. Christi is active in the OF WASHINGTON ‘‘can-do’’ attitude, Diane Watson has become community through her work and has been IN THE HOUSE OF REPRESENTATIVES an outstanding community volunteer and an chosen to receive the YWCA Women of Ex- Monday, June 18, 2012 admired friend to many—all of which she hum- cellence Award for Woman in Support Serv- bly attributes to ‘‘going wherever the Lord ices. Mr. REICHERT. Mr. Speaker, September 24 leads.’’ As the Communications Manager for the of last year during a beautiful fall afternoon, Mr. Speaker, I proudly ask you to join me in Social Welfare Board, Christi’s influence ex- six police officers in Issaquah, Washington recognizing Diane Watson. She has made an tends far beyond the organizing and daily op- stopped a gunman intent on murdering inno- amazing impact on countless individuals in the erations responsibilities of her job. Christi has cent people. Because of their quick actions St. Joseph community. I am honored to rep- been responsible for developing successful and bravery, the officers will be honored Sat- resent her in the United States Congress. fundraisers, putting together a quarterly news- urday evening at the 19th annual TOP COPS f letter, and promoting a cheerful atmosphere in Awards ceremony in Washington, DC. the organization through birthday celebrations On that fateful day last fall, the gunman IN HONOR OF PLUMBERS & and productive staff functions. walked through yards and on sidewalks indis- PIPEFITTERS LOCAL 562 Christi’s faith influences her work attitude criminately firing a rifle at homes, businesses, and she is recognized as one who interacts and passersby. Not far away, more than 100 HON. RUSS CARNAHAN with people of every age and socio-economic people were watching a youth football game at OF MISSOURI level with consistent charm and effectiveness. a local school. Before the players and spec- IN THE HOUSE OF REPRESENTATIVES Christi demonstrates the high character cou- tators could find refuge, the six officers put an Monday, June 18, 2012 pled with high work standards which constitute end to his rampage utilizing the information a career worth imitating. being relayed via 9-1-1 operators. Mr. CARNAHAN. Mr. Speaker, I rise to Mr. Speaker, I proudly ask you to join me in On that day, as on every day, law enforce- today to recognize the 100th anniversary of recognizing Christi Norris. She has made an ment officers saved lives calmly, swiftly and Plumbers & Pipefitters Local 562. amazing impact on countless individuals in the selflessly. Local 562 has a proud history in local labor St. Joseph community. I am honored to rep- Each year, Mr. Speaker, the National Asso- movement which began in the 1800s and I am resent her in the United States Congress. ciation of Police Organizations recognizes law honored to rise today to honor its people, and f enforcement officers from federal, state, coun- its work, over the last 100 years. Local 562’s IN HONOR OF THE RCA HERITAGE ty and local agencies for acts of bravery, cour- 4,500 members serve the plumbing and me- PROGRAM age and outstanding service to their commu- chanical industry in 67 counties in Eastern nities over the preceding year. I am proud that Missouri. In 1999 Plumbers Local 35 was HON. ROBERT E. ANDREWS six of our nation’s finest officers—and who merged by the International Union with Pipe- serve in the district that I represent—8th of fitters Local 562 to create the new Plumbers OF NEW JERSEY Washington—will be acknowledged with the & Pipefitters Local 562. IN THE HOUSE OF REPRESENTATIVES rest of our heroes during police week. Plumbers and Pipefitters local 562 provides Monday, June 18, 2012 Mr. Speaker, to Officers Brian Horn, Jesse some of the best educated and trained labor Mr. ANDREWS. Mr. Speaker, I rise today to Petersen, Laura Asbell, Tom Griffith, Corporal workforce in the world. Its workers have par- honor The RCA Heritage Program for its tire- Christian Munoz, and Sergeant Chris Wilson, ticipated in the successful construction of less efforts in preserving the name and legacy I say ‘‘thank you.’’ I will continue to support some of St. Louis’ most significant initiatives, of RCA. For over sixty years, RCA served as you and all of our law enforcement profes- ranging from large private buildings to major a vanguard of progress not only in South Jer- sionals around the country. transportation and infrastructure projects. This sey, but in the country as a whole. RCA’s vi- f success is due to Local 562’s attention to sionary leadership and its dedication to indus- quality service and craftsmanship. trial innovations led this company to become a DIANE WATSON Local 562 has also been a leader in the in- world-renowned manufacturer of products for dustry, as exemplified by its investing over entertainment, communications, and national HON. SAM GRAVES $12 million in a new training facility. Because security. RCA also served as a critical compo- OF MISSOURI of rigorous training, members of local 562 are nent of the country’s defense and manufac- IN THE HOUSE OF REPRESENTATIVES at the forefront of innovative new industries in our ever changing economy. They are integral turing industries during World War II, giving Monday, June 18, 2012 the United States a significant technological to our regional and national economic devel- advantage on the world stage. In having such Mr. GRAVES of Missouri. Mr. Speaker, I opment, as a well skilled and educated work- a broad impact on the region, it is only right proudly pause to recognize Diane Watson of force is critical to a growing economy. to preserve RCA’s cultural and societal legacy. Saint Joseph, Missouri. Diane is active in the For all of Local 562’s contributions to our The RCA Heritage Program, under the community and has been chosen to receive economy, it is also well known for its volunteer sponsorship of Rowan University, has worked the YWCA Women of Excellence Award for and charitable efforts in the community. The to establish The RCA Heritage Program Mu- Woman in Volunteerism. Plumbers & Pipefitters annually provide thou- seum, which will preserve the memory of RCA Diane’s recent retirement from the St. Jo- sands of dollars worth of services to help St. and educate future generations on its impact. seph School District Board of Education ended Louis’ poor and elderly citizens pay for their In further promotion of education, The RCA more than 40 years of total service to the pub- utility bills; donate plumbing repairs and home Heritage Program established a scholarship lic school system as a teacher and volunteer, renovations for the less fortunate; help build available to South Jersey residents interested including 12 consecutive years as a Board decent and affordable housing; raise funds for in pursuing a master’s degree in electrical en- Member. During her first term on the board, police officers, firefighters, and emergency re- gineering at Rowan University. she helped lead a $36 million bond project for sponders who have fallen in the line of duty; With the help of former RCA employees, school improvement. In her later term, she and volunteer time and money to children’s The RCA Heritage Program has brought to- helped with the establishment of personal hospitals. gether generations of South Jersey residents, computers for students. Diane’s volunteer ca- Recognizing a century of leadership and ex- collecting pieces of history which would other- reer extends across the community, including cellence in the construction industry, and in wise be lost to time. roles as a docent at the Albrecht-Kemper Mu- our community, I offer hearty congratulations Mr. Speaker, The RCA Heritage Program’s seum of Art; Chapter and Reciprocity Presi- to the members of Plumbers & Pipefitters continuing mission to preserve the lasting leg- dent of P.E.O.; and an elder, deacon and Local 562, and thank them for their service.

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K18JN8.004 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1054 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2012 OUR UNCONSCIONABLE NATIONAL He quickly rose through the ranks, serving the and began to bravely fight for the freedoms of DEBT community in many capacities during his ten- his loved ones. ure. In May of 2002, he was appointed Police Nonetheless, Martin, Jr. is a distinguished HON. MIKE COFFMAN Chief and served in that position for a decade. mason who has earned enormous respect for OF COLORADO Throughout his career, he has been known as building a several structures across Craven IN THE HOUSE OF REPRESENTATIVES a community leader committed to protecting County. Martin’s son Frederick Martin was the citizens he represented and the men and killed in the Vietnam War in 1968. Monday, June 18, 2012 women under his command. Chief Dubois has Today, Thompskins and Martin reside in Mr. COFFMAN of Colorado. Mr. Speaker, also been active in the Rochester community New Bern, North Carolina. Cobbs also lived on January 20, 2009, the day President and has participated in many civic organiza- there until his passing in May. All entered the Obama took office, the national debt was tions like the Rochester Chamber of Com- world as young men determined to forge inde- $10,626,877,048,913.08. merce and the Rotary Club of Rochester. pendence and enthusiastic to contribute to the Today, on the 200th anniversary of Presi- I want to commend Chief Dubois for his country and their communities. dent James Madison signing a declaration of service and wish he and his family well in the Mr. Speaker, the contributions of Thomp- war against Great Britain, it is coming years. kins, Cobb, and Martin to America expand the $15,736,971,094,472.17. We’ve added f definition of patriotism. Their trailblazing efforts $5,110,094,045,559.09 to our debt in just over will forever remain a cornerstone in American 3 years. This is debt our Nation, our economy, MONTFORD POINT MARINES: JOE history. COBBS AND JOHNNY THOMP- and our children could have avoided with a f balanced budget amendment. SKINS; DISTINGUISHED MASON AND SON OF CIVIL WAR VET- LINDA JUDAH f ERAN LUKE MARTIN, JR. LEECHIA JONES HON. SAM GRAVES HON. G.K. BUTTERFIELD OF MISSOURI HON. SAM GRAVES OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES OF MISSOURI IN THE HOUSE OF REPRESENTATIVES Monday, June 18, 2012 IN THE HOUSE OF REPRESENTATIVES Monday, June 18, 2012 Mr. GRAVES of Missouri. Mr. Speaker, I Monday, June 18, 2012 Mr. BUTTERFIELD. Mr. Speaker, I rise proudly pause to recognize Linda Judah of Mr. GRAVES of Missouri. Mr. Speaker, I today to honor two American trail blazers from Saint Joseph, Missouri. Linda is active in the proudly pause to recognize Leechia Jones of North Carolina’s first congressional district; community and has been chosen to receive Saint Joseph, Missouri. Leechia is active in Montfort marine veterans Johnny Thompskins the YWCA Women of Excellence Lifetime the community through her work and has been and the recently deceased Joe Cobbs. I would Achievement Award: Woman in the Work- chosen to receive the YWCA Women of Ex- also like to recognize the son of a Civil War place. cellence Award for Woman in the Workplace. veteran Luke Martin, Jr. Thompskins, Cobbs, Ms. Judah has served as Director of Leechia is humble regarding her numerous and Martin will be honored by the Christian Buchanan Child Support Enforcement, a hos- accomplishments she has earned through her Community Charity Workers (CCCW) Inc., on pital and school nurse, and is currently the Ex- leadership and dedication, which include the June 24 at the Flame Banquet Center in New ecutive Director of the Social Welfare Board. Communicator of the Year award from South- Bern, North Carolina. Linda has grown to have a compassionate un- western Bell; the Sullivan Award from Catholic Mr. Speaker, recruiting for the ‘‘Montfort Ma- derstanding of the specific health challenges Charities, and the Distinguished Leadership rines’’ began on June 1, 1942, following public faced by low-income patients and has worked Award from the National Association for Com- pressure on President Franklin D. Roosevelt aggressively to overcome those challenges. munity Leadership and from Leadership St. by Black leaders to issue Executive Order Through her hard work and dedication to en- Joseph. Often called upon to help with new 8802, which barred government agencies and sure that the Social Welfare Board achieve the initiatives, Leechia extended her wisdom and federal contractors from employment discrimi- highest level of care, the clinic now serves as leadership as coordinator for the St. Joseph nation on the basis of race, creed, color or na- a standard for others seeking to provide high- Youth Alliance during its beginning phases, tional origin. The order also required all of the quality care. serving there as a loaned team member from U.S. Armed Services, including the United In addition to serving as a leader for several Family Guidance Center for three years. States Marine Corps, to recruit and enlist Afri- overseas medical trips, Ms. Judah has worked Mr. Speaker, I proudly ask you to join me in can Americans. Despite an era thick with ra- diligently to secure funding for the free clinic recognizing Leechia Jones. She has made an cial discrimination, Black recruits lined up by through a period of economic uncertainty and amazing impact on countless individuals in the the thousands to defend the freedoms of peo- has earned such a respect among nursing stu- St. Joseph community. I am honored to rep- ple abroad, while still being denied basic dents and interns that she was invited to be resent her in the United States Congress. unalienable rights at home. the commencement speaker at graduation. f Among the inaugural class of Black Marines Mr. Speaker, I proudly ask you to join me in were Johnny Thompskins and the late Joe recognizing Linda Judah. She has made an CELEBRATING CHIEF DAVID Cobbs. Thompskins, a man of small stature amazing impact on countless individuals in the DUBOIS’ TWENTY NINE YEARS but enormous courage; and Cobbs, who de- St. Joseph community. I am honored to rep- WITH THE ROCHESTER POLICE veloped a strong work ethic while working his resent her in the United States Congress. DEPARTMENT family’s farmland, received basic training at f the segregated Camp Montfort Point in North HON. FRANK C. GUINTA Carolina, because no Black recruit was al- HONORING THE NEIGHBORHOOD MUSIC SCHOOL AS THEY CELE- OF NEW HAMPSHIRE lowed to enter the main base of nearby Camp BRATE THEIR CENTENNIAL AN- IN THE HOUSE OF REPRESENTATIVES Lejeune unless accompanied by a white Ma- rine. NIVERSARY Monday, June 18, 2012 Nevertheless, these three men were Mr. GUINTA. Mr. Speaker, on May 31, 2012 unafraid by the onslaught of World War II. HON. ROSA L. DeLAURO Chief David Dubois retired from the Rochester They understood that victory in war was only OF CONNECTICUT Police Department after 29 years as a law en- achievable with the talent of its Black citizens. IN THE HOUSE OF REPRESENTATIVES forcement officer in that community. A native As a result, these men served their country of Somersworth, New Hampshire, Chief with distinction, chartered uncharted territory, Monday, June 18, 2012 Dubois decided from an early age to pursue a and set the bar for exemplary African Amer- Ms. DELAURO. Mr. Speaker, it gives me career in law enforcement based on the exam- ican servicemen. great pleasure to rise today to join the many ple of his father who also enjoyed a career as At 94 years old, Martin is widely known who have gathered in celebration of the 100th a police officer. around the state of North Carolina as one a anniversary of the Neighborhood Music School Chief Dubois began his career as a part- few living children of Civil War veterans. His in New Haven, Connecticut. This is a remark- time police officer in Somersworth and be- father, Luke Martin, Sr., was a slave in Hert- able milestone for this wonderful institution of came a full-time officer in Rochester in 1983. ford County when he joined the Union Army learning.

VerDate Mar 15 2010 03:48 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.009 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 18, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1055 The Neighborhood Music School is not your Monmouth County Democratic party. Chair- Saint Joseph, Missouri. Lori is active in the ordinary school. Its 3,000 students hail from man Scudiery has faithfully dedicated his time community and has been chosen to receive communities across Connecticut and range and political experience to the constituents of the YWCA Women of Excellence Lifetime from 6 months to over 80 years of age. The Monmouth County, New Jersey and is truly Achievement Award: Woman in Volunteerism. Neighborhood Music School offers a myriad of worthy of this body’s recognition. Lori Prussman is a valuable volunteer lead- programs in music and dance that are open to Victor Scudiery was born and raised in er and has provided faithful services within the children and adults regardless of age, eco- Newark, New Jersey where he was active in PTA for nearly 20 years. Ms. Prussman has nomic status, or experience. The arts, in all of local politics. Chairman Scudiery is an alum- served two terms as the St. Joseph PTA its many mediums, are both a celebration of nus of Seaton Hall University where he earned Council President. In that capacity, she has culture and tradition as well as a means of a degree in business administration. Chairman worked tirelessly promoting new schools and personal expression. The Neighborhood Music Scudiery served two years active duty and new technology and has patiently addressed School has opened the doors of opportunity to four years as a reservist with the United hundreds of questions from concerned citi- thousands throughout its century-long history States Army upon graduation. Along side his zens. Ms. Prussman has been actively in- and has become a beloved community treas- brother, Chairman Scudiery began to embark volved in leading PTA projects like the Char- ure. on his business endeavors and opened Inter- acter and Spiritual Scholarship and has The Neighborhood Music School has a par- state Electronics, Inc. (IEI) in 1968. Interstate worked to keep the organization solvent ticularly interesting history. When it first Electronics was the beginning of a successful through the Major Savers Fundraisers. Thanks opened in 1911, on Wooster Street in New business enterprise that later included a to Lori Prussman, the PTA manages to keep record company, a series of children’s albums Haven, it was established in conjunction with attention focused on advocating for children in and coloring books, and numerous successful St. Paul’s Church as a settlement house and the St. Joseph community. music and pictorial productions. The Airport social services organization for local immi- Mr. Speaker, I proudly ask you to join me in Plaza Shopping center on Route 36 in Hazlet, grants known as the Neighborhood House. recognizing Lori Prussman. She has made an New Jersey remains the Chairman’s primary However, in its first four years Neighborhood base of operation. Through his efforts, Airport amazing impact on countless individuals in the House saw such a demand for music pro- Plaza has been revitalized. Chairman Scudiery St. Joseph community. I am honored to rep- grams it was decided that a separate entity, continues to admirably oversee several other resent her in the United States Congress. the Neighborhood House Music School was business ventures throughout the State of f created and placed under the leadership of its New Jersey. PERSONAL EXPLANATION first director, Susan Hart Dyer, a violinist and In addition to his business ventures, Chair- graduate of the Yale School of Music. man Scudiery served under former Governor Faculty came from the Yale School of Music Brendan Byrne on the Ethics Advisory Coun- HON. SUE WILKINS MYRICK and the New Haven Symphony Orchestra. cil. Chairman Scudiery was also appointed to OF NORTH CAROLINA The school grew rapidly and even during the serve as Co-Chairman of the Boy Scouts of IN THE HOUSE OF REPRESENTATIVES most difficult economic times of the Great De- Monmouth County, Technical Advisor at Kean Monday, June 18, 2012 pression, the demand for the programs re- College and Chairman of the Buck Smith mained high. In 1945, Neighborhood House Scholarship Award Foundation. Chairman Mrs. MYRICK. Mr. Speaker, I was unable to Music School officially became an inde- Scudiery sits on the Bayshore Community participate in the following votes. If I had been pendent entity called Neighborhood Music Hospital Board of trustees and is the Chair- present, I would have voted as follows: School and during the next decade a change man of the Bayshore Senior Health, Education Rollcall vote 362, On agreeing to the King in admission policies broadened the school’s and Recreation Center Board of Directors. He Amendment—I would have voted ‘‘aye.’’ reach and enrollment reached new heights. It is a dedicated member of the Bayshore Hos- Rollcall vote 363, On agreeing to the King was in 1968, after a 4-year long building fund pital Health Care Center. Chairman Scudiery Amendment—I would have voted ‘‘aye.’’ campaign, that the Neighborhood Music is also a long time member of the Northern Rollcall vote 364, On agreeing to the Black- School opened its new home on Audubon Monmouth Chamber of Commerce and was burn Amendment—I would have voted ‘‘nay.’’ Street, in what is now the heart of New Ha- recently appointed to the Board of Directors. Rollcall vote 365, On agreeing to the Black- ven’s thriving arts community. As a result of his hard work and dedication, he burn Amendment—I would have voted ‘‘nay.’’ Today, in its 30,000 square foot facility, was honored with the 2008 Business Ambas- Rollcall vote 366, On agreeing to the Sul- Neighborhood Music School is home to thirty- sador of the Year Award. livan Amendment—I would have voted ‘‘aye.’’ three studios, practice rooms, a recital hall, Victor Scudiery was elected Chairman of the Rollcall vote 367, On agreeing to the Turner and a library, showcasing the extraordinary Monmouth County Democratic Party in 1989. Amendment—I would have voted ‘‘aye.’’ talents of thousands of children and adults Under Chairman Scudiery’s leadership, the Rollcall vote 368, On agreeing to the Polis every year. In fact, just a few years ago, eight- Democratic party of Monmouth County con- Amendment—I would have voted ‘‘nay.’’ een students from the Neighborhood Music tinues to make impressive strides to assure Rollcall vote 369, Motion to Recommit H.R. School participated in the White House Com- that Democrats are elected to office. Multiple 5855—I would have voted ‘‘nay.’’ munity Classroom Music Series program with towns in Monmouth County with long tradition Rollcall vote 370, Final passage of H.R. First Lady Michelle Obama. It was an extraor- of Republican leadership now have a Demo- 5855—Department of Homeland Security Ap- dinary opportunity for them and a testament to cratic presence as a result of Chairman propriations Act—I would have voted ‘‘aye.’’ the incredible opportunities this organization Scudiery’s direction. The Chairman will be re- f provides. tiring from his position in 2012. His steadfast PAYING TRIBUTE TO THE GREAT- The Neighborhood Music School is an ex- leadership has boosted the Monmouth County ER LANSING BUSINESS MONTH- traordinary organization—a place where any- Democratic party. He will continue to serve as LY one can explore their passion for music and an inspiration to future Democratic leaders. Mr. Speaker, Chairman Victor Scudiery has dance. I am proud to join our community in dedicated his life to various philanthropic, congratulating them on their 100th anniversary HON. MIKE ROGERS business and political endeavors. Please join and wish them all the best for many more OF MICHIGAN my colleagues in thanking the Chairman for 23 years of success. IN THE HOUSE OF REPRESENTATIVES years of service to the Democratic Party and f dedication to the Monmouth County, New Jer- Monday, June 18, 2012 IN RECOGNITION OF CHAIRMAN sey community. Mr. ROGERS of Michigan. Mr. Speaker, I VICTOR V. SCUDIERY f rise today to honor The Greater Lansing Busi- LORI PRUSSMAN ness Monthly, which this month will mark the HON. FRANK PALLONE, JR. 25th anniversary of its founding by mid-Michi- OF NEW JERSEY gan entrepreneur Chris Holman. HON. SAM GRAVES Twenty-five years ago, Mr. Holman saw the IN THE HOUSE OF REPRESENTATIVES OF MISSOURI need for a publication that would promote, IN THE HOUSE OF REPRESENTATIVES Monday, June 18, 2012 publicize, and support local companies, pro- Mr. PALLONE. Mr. Speaker, I rise today to Monday, June 18, 2012 vide a forum for ideas, and keep members of congratulate Mr. Victor Scudiery upon his re- Mr. GRAVES of Missouri. Mr. Speaker, I the community informed of the services and tirement from his position as Chairman of the proudly pause to recognize Lori Prussman of products offered by businesses in the area.

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.012 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1056 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2012 The first issue of The Greater Lansing Busi- munity. I am honored to represent her in the their contributions and years of service to the ness Monthly hit the streets in June 1987. In United States Congress. Christian broadcasting community. its 25 years of existence, the magazine has f Both born in Lancaster County, Pennsyl- become known for its consistent quality and vania, Paul and Sylvia graduated from the HONORING THE 10-YEAR ANNIVER- for the positivity of its content. Moody Bible Institute of Chicago in 1958 and The magazine is distributed to all non-resi- SARY OF THE NATIONAL INSTI- were married that same year. After starting a dent addresses in the cities of Lansing, TUTE FOR BIOMEDICAL IMAGING ‘‘temporary’’ job at the Christian radio station Mason, Holt, Grand Ledge, East Lansing, AND BIOENGINEERING WDAC in July of 1961, Paul’s role expanded Haslett, DeWitt, Williamston, and Okemos. from salesman to station manager, and even- Readership has gown to an estimated 40,000 HON. ROBERT E. ANDREWS tually to partner in the WDAC Radio Com- per month. OF NEW JERSEY pany. Along the way, Sylvia served as chief The Business Monthly’s content includes IN THE HOUSE OF REPRESENTATIVES encourager and critic, while assisting Paul as feature stories centered around a theme each Monday, June 18, 2012 an editor and typist. month. Whether the topic is banking or busi- Mr. ANDREWS. Mr. Speaker, I rise today to Beyond their roles at WDAC, the ‘‘Voice of ness travel, health care or hospitality, articles recognize the 10-year anniversary for one of Christian Radio,’’ Paul and Sylvia have con- highlight the quality products and people of the newest Institutes at the National Institutes tributed to the greater Christian broadcasting the Greater Lansing area. These stories high- of Health. The Congress authorized the cre- community through the National Religious light successful businesses in the community ation of the National Institute for Biomedical Broadcasters organization. Ever-present at and the people who comprise the companies. Imaging and Bioengineering over a decade NRB national conventions, Paul and Sylvia de- In response to market needs, The Greater ago, and I am proud to say I was a cosponsor veloped sincere and lasting friendships with Lansing Business Monthly has become in- of the enacting legislation. Since 2002, the other station owners and broadcasters like volved in many other endeavors. For example, NIBIB has worked diligently towards its mis- David Jeremiah, James Dobson, and Joni The Greater Lansing Business Index & Survey sion to develop new technologies that are Eareckson Tada. provides an in-depth look at mid-Michigan’s combating a myriad of diseases and condi- From their stone farmhouse and farm in economy. Other projects include CEO net- tions. NIBIB is unique in the sense that unlike southern Lancaster County, Paul and Sylvia works, the Greater Lansing Entrepreneurial most Institutes at NIH, NIBIB doesn’t focus on spent over four decades raising their two chil- Awards, the Greater Lansing Business Show- a particular body area. Its mission is not dren and welcoming visitors. They are devoted case and the Greater Lansing Business + bound to a particular disease either. Instead, grandparents to six grandchildren and eagerly Sports Luncheon. The magazine is also rep- it fills a vital need: it creates the tools and await the arrival of their first great-grandchild. resented on more than a dozen boards in the technologies for clinicians and researchers to When not at work or home, Paul and Sylvia area. The magazine enjoys a 92 percent fight all diseases. In a way, we are all patient played an integral role in the life of Calvary awareness and readership rate among busi- advocates for NIBIB. Church of Lancaster. Since 1973, they have nesses in the Greater Lansing market. Some of the technological advances include served in the capacity of Sunday school Therefore Mr. Speaker, I ask our colleagues innovations like advanced imaging tools, such teachers, choir members, and on various to join me in honoring The Greater Lansing as functional MRI and PET/CT. These not only church boards. Business Monthly and its staff for 25 years of save lives by diagnosing disease Paul is a past member of the Moody Alumni exceptional service to mid-Michigan employers noninvasively and earlier than ever before, but Board and I share his and Sylvia’s passion for and their customers. they have provided researchers in other areas the Moody Bible Institute. I also commend f of medicine new tools to study and combat them both for their unwavering commitment to their particular disease of focus. In its unique upholding and defending the rights of the un- MORGAN BRAND role at NIH, NIBIB is not only providing new born. They have actively supported pro-life or- bench-to-bedside diagnostics and therapies for ganizations and Sylvia hosts a weekly pro-life HON. SAM GRAVES patients, but also delivering novel bench-to- radio report titled ‘‘Heartbeat.’’ OF MISSOURI bench tools and technologies that are revolu- Today, Paul and Sylvia live in the Willow IN THE HOUSE OF REPRESENTATIVES tionizing the way other researchers fight dis- Valley retirement community where they con- eases in the laboratory. Monday, June 18, 2012 tinue to welcome family and guests, and to- In this vein, NIBIB is providing an enor- gether are writing a 70 year history of their Mr. GRAVES of Missouri. Mr. Speaker, I mously positive return on the taxpayers’ in- church. Paul and Sylvia have led rich, dedi- proudly pause to recognize Morgan Brand of vestment. The therapies, diagnostics and cated lives to each other and for their Maker. Saint Joseph, Missouri. Morgan is active in the treatments created by NIBIB research have To paraphrase a familiar verse in the Gospel community and in her school and has been forever changed patient care and the way we of John, were all their stories written down, I chosen to receive the YWCA Women of Ex- conduct research. But perhaps equally as im- suppose the whole world could not contain the cellence Future Leader Award. portant, these technologies are being commer- books that would be written. cialized and manufactured by the private sec- Leadership is a hallmark of Morgan’s high f school career. While earning high academic tor here in the U.S. We are an exporter of honors each semester, she remained involved these incredible technologies, created and HONORING THE LIFE AND LEGACY in Student Council and was a delegate to the manufactured by highly-skilled workers. And OF FIREFIGHTER NATHAN RAULZ Missouri Association of Student Council Sum- when the NIBIB delivers on the next game- mer Leadership Workshop. Morgan’s leader- changing technology, the U.S. will again be HON. KEVIN BRADY ship extends to the broader community where the home to those job-supporting companies. OF TEXAS With that, I would like to congratulate NIBIB, she has worked part-time and was essential to IN THE HOUSE OF REPRESENTATIVES the organization of the Senior Citizen Prom. its Director, Dr. Rod Pettigrew, Deputy Direc- She is often seen at athletic events supporting tor Dr. Belinda Seto and all of the dedicated Monday, June 18, 2012 her peers, and is a member of the varsity ten- staff that have made NIBIB a model of suc- Mr. BRADY of Texas. Mr. Speaker, I rise nis team as well as a gifted actor and singer. cess. I hope my fellow colleagues can agree today to honor the life of Nathan Raulz, 18, of Morgan was also named to the Scholastic that these are important federal programs de- Conroe, Texas. Raulz had been a volunteer Honor Society at its May induction ceremony. serving of our sustained support. with Central Montgomery County Fire-Rescue Morgan is a natural tutor and mentor, leading f (formerly River Plantation Fire Department) activities for struggling students. TRIBUTE TO PAUL AND SYLVIA Station 171 for the past three years and Those who work with Morgan describe her HOLLINGER planned to continue his career in public serv- as highly organized and able to win the partici- ice. pation of others though her own example and After graduating from Conroe High School dependability. Morgan Brand has a bright HON. TIM WALBERG approximately three weeks ago, he joined the OF MICHIGAN smile and a bright future both in terms of per- department full time. He loved serving his IN THE HOUSE OF REPRESENTATIVES sonal success and community. community and his country, which explain why Mr. Speaker, I proudly ask you to join me in Monday, June 18, 2012 he recently enlisted in the military as well. His recognizing Morgan Brand. She is an amazing Mr. WALBERG. Mr. Speaker, I rise today to dream was to serve his country, gain valuable individual and a tremendous asset to our com- pay tribute to Paul and Sylvia Hollinger for training through the military, and then return

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.015 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 18, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1057 home to resume his career in professional fire the building stopping in each office to wish ev- Striving to serve equally beyond the pulpit, fighting. The city of Conroe, and all of Mont- eryone a good afternoon. I am not sure how in 1961, he unsuccessfully sought the presi- gomery County were shocked when such a many people knew about Vinnie’s sweet-tooth, dency of the National Baptist Convention. His bright light of a young life was snuffed out in but he had one. My staff always made sure close affiliation with Martin Luther King, Jr. a tragic motorcycle accident June 6. Nathan’s the small candy dish at our front desk had and other Civil Rights leaders placed him at legacy of service and dedication to his dreams something in it—because the few times it did odds with members of the National Baptist will stay with our community for years to not, Vinnie was the first one to let us know. Convention. Not one to be deterred from serv- come. He also loved the word jumbles in the daily ice, Dr. Taylor along with Dr. King, went on to The Central Montgomery County Fire-Res- paper and worked them out every day. Every found the Progressive National Baptist Con- cue Station 171 issued this statement after once in a while, however, he would get vention. learning of the loss of Raulz: ‘‘Today our de- stumped. There is one member of my staff Dr. Taylor’s talent was revered. He taught at partment suffered a great loss. Firefighter Na- that he would always ask for help. After several elite divinity schools including Yale, than Raulz was killed in an automobile acci- memorizing the letters, he would come up- Harvard, and Duke Universities. In 1979, Time dent on Stidham Road. This young man won stairs, poke his head in her office, repeat the magazine named Dr. Taylor one of the seven our hearts almost three years ago when he letters and give her a minute to come up with greatest Protestant preachers in America, and joined our department as a junior firefighter. a suggestion. Even if the others he asked in 1980, the publication deemed him the Immediately he stood out as a stellar new- were stumped as well, he would work at it ‘‘Dean of the Nation’s Black Preachers’’. comer, and grew into an amazing young man until he figured it out—and then would let ev- In 1993, his influence reached into public and firefighter. The dedication and promise he eryone he had asked know the answer as service when he delivered the sermon for showed earned him the title Junior Firefighter well. President William Jefferson Clinton’s Inaugural of The Year two years in a row. We will truly On behalf of myself and my staff, I extend Prayer Service. President Clinton was so im- miss our ‘‘Ragoo’’! We would like to send our my deepest sympathies to his six children, pressed with Dr. Taylor that in 1997, he again deepest condolences to the family and loved Ulysses, Cynthia, Gail, Michael, Latanga, and enlisted Dr. Taylor to deliver the benediction at ones of Nathan. You will be in our thoughts Vincent, Jr., as well as his family and friends. his second inauguration. And, in 2000, Presi- and prayers.’’ I want them to know how many lives he dent Clinton honored Dr. Taylor with the Na- Today we honor the life of Nathan Raulz, touched and the impact he had on others. tion’s highest civilian honor, the Presidential we pray for his family, and we remember his Vinnie was a remarkable human being. His Medal of Freedom. dedication to others and hope it will challenge absence leaves an emptiness in our hearts Dr. Taylor is commonly referred to as the us all to live each day to the fullest. that will never be quite be filled. He will be ‘‘dean of American preaching’’ and the ‘‘poet f deeply missed by all of those fortunate laureate of American Protestantism.’’ For enough to have known him. many, Dr. Taylor’s oration and style is consid- HONORING THE LIFE AND LEGACY f ered the standard for young ministers seeking OF VINCENT WILLIAMS to learn the art of preaching. His brilliant ability A SALUTE TO THE LIFE OF DR. to merge significant metaphors and powerful HON. ROSA L. DeLAURO GARDNER CALVIN TAYLOR language into a seamless narrative continues OF CONNECTICUT to inspire clergy and laymen alike. IN THE HOUSE OF REPRESENTATIVES HON. G.K. BUTTERFIELD Dr. Taylor’s life constitutes a worthy exam- Monday, June 18, 2012 OF NORTH CAROLINA ple for others, one in which everyone uses his IN THE HOUSE OF REPRESENTATIVES or her individually bestowed talents to enrich Ms. DELAURO. Mr. Speaker, it is with the Monday, June 18, 2012 the lives of the beloved community. Mr. heaviest of hearts that I rise today to pay trib- Speaker, I ask my colleagues to join me in ute to the life and legacy of Vincent Williams. Mr. BUTTERFIELD. Mr. Speaker, I rise to congratulating Dr. Gardner Calvin Taylor on Though he was 85 years old and lived a full honor the life of Dr. Gardner Calvin Taylor on his 94th birthday and honoring his lifelong and happy life, to all us who knew him, his the occasion of his 94th birthday. Dr. Taylor’s commitment to the betterment of society. indispensable contribution to American sudden passing this week came much too f soon. preaching and his instrumental role in the Civil Vinnie was a fixture at 59 Elm Street—the Rights Movement underscore a life devoted to SARA SUMMERS STEIN building where my District Office is located. uplifting the human soul and the equal treat- Sitting next to his shoeshine stand in the first ment of men and women everywhere. HON. SAM GRAVES floor lobby, he always had a kind word and a Dr. Taylor was born June 18, 1918 in seg- OF MISSOURI contagious smile for any passerby. Vinnie was regated Baton Rouge, Louisiana. He was the IN THE HOUSE OF REPRESENTATIVES one of those people who always brightened only child born to Reverend Washington and the days of others. He had a kind and gen- Selina Taylor. He was only 13 years old when Monday, June 18, 2012 erous nature and he loved seeing people his father ‘‘Wash’’ Taylor passed away. Even Mr. GRAVES of Missouri. Mr. Speaker, I every day—always ready for a conversation. If the short time Gardner had with his father; he proudly pause to recognize Sara Summers he saw that you were a little down, he would had already impacted Gardner’s delivery of Stein of Saint Joseph, Missouri. Sara is active do what he could to make you smile. He was the spoken word. Originally pursuing hopes of in the community through her work and has the last of the shoeshine men in New Haven one day becoming a lawyer, a single event been chosen to receive the YWCA Women of and he was a beloved member of our build- would forever change his course and life pur- Excellence Award for Emerging Leader. ing’s community. suits. Gardner survived a horrific car accident Sara is an intelligent and highly motivated Born in North Carolina, one of Vinnie’s first that claimed the lives of two others. Convinced young woman who is considered a sparkplug jobs was as a shoeshine. A local barber of- that his survival was no happenstance, it was wherever she happens to be serving. During fered him the position and it came naturally to then he experienced a call to ministry. an outstanding college and post-graduate ca- him. He later joined the United States Navy In 1937, Dr. Taylor forewent plans to attend reer, Sara demonstrated strong leadership and served our country with honor and integ- the University of Michigan Law School and en- both in her personal work and her ability to rity during World War II. It was after his serv- rolled in the Oberlin School of Theology. It head up major University programs. Since ice that he arrived in New Haven where he was there he met his wife, Laurabelle Scott, graduating with a PhD in Education Leader- took up work at the Winchester firearms fac- whom he married in 1940 and had one daugh- ship, Sara has used her considerable talent to tory. After five years at Winchester Vinnie took ter, Martha. During his studies at Oberlin, Dr. improve the lives of others. Sara has worked a job with the U.S. Postal Service where he Taylor preached at Bethany Baptist Church with the youth through EmpowerU and has worked until his retirement. However, retire- from 1938 to 1941. He later went on to pastor been pivotal in the success of the parent-child ment did not suit Vinnie well—he did not like Concord Baptist Church of Christ in New York reading program Read from the Start. Sara is sitting at home. So he went back to where he City in 1948. When he commenced his pas- currently working to bring awareness to Clean began—a shoeshine stand—setting up shop toral duties at Concord, church membership Air St. Joe while being a wife and a mother of at the 59 Elm Street building. was a very respectable 5,000 members. By two. My staff and I will always carry fond memo- the end of his tenure in 1990, his unparalleled Mr. Speaker, I proudly ask you to join me in ries of Vinnie. Almost every afternoon, Vinnie leadership and sermonic delivery grew the recognizing Sara Summers Stein. She has al- would close up shop and take a walk around membership to more than 14,000 members. ready made an amazing impact on countless

VerDate Mar 15 2010 03:48 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.018 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1058 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2012 individuals in the St. Joseph community. I am success and safety of the neighborhood. In- as an IP and Chief of Weapons and Tactics. honored to represent her in the United States strumental in securing a public library for the He was certified as combat-ready, and quali- Congress. citizens of Clearing and establishing the Clear- fied in air-to-surface, air-to-air and nuclear f ing Night Watch, he also successfully cam- roles. To no one’s surprise, he was selected paigned against the installation of high-pollu- to attend the coveted F–16 Fighter Weapons IN HONOR OF BRUCE KATSIFF’S tion medical incinerators in the area. These Instructor Course, and completed it with hon- RETIREMENT FROM THE JAMES are just some of the many successes that he ors. He went on to complete Squadron Officer A. MICHENER ART MUSEUM spearheaded on behalf of the residents of School, again completing it with honors and Clearing. the designation of Distinguished Graduate. He HON. MICHAEL G. FITZPATRICK Mr. Zilka and his wife of 54 years, Marie, returned to the 69th Fighter Squadron for a OF PENNSYLVANIA have two sons and one daughter. Prior to his few years to train and evaluate pilots, and IN THE HOUSE OF REPRESENTATIVES retirement he worked for International Har- contributed greatly to the success of this im- vester, which has since become Navistar. He portant fighter squadron. Captain Harmer was Monday, June 18, 2012 has also fulfilled a number of diverse roles in reassigned to the 23rd Operations Support Mr. FITZPATRICK. Mr. Speaker, I rise today the community, including serving on the advi- Squadron at Pope AFB, NC where he was re- in honor of Mr. Bruce Katsiff, Director and sory council of Chicago’s John F. Kennedy sponsible for planning and coordinating F–16 CEO of the James A. Michener Art Museum, High School, and the Community Advisory employment supporting contingencies, exer- who is retiring after 23 years of dedicated Council in Bedford Park. He has also served cises and readiness inspections. After serving service to the museum and the Bucks County as a member of the nearby Garfield Ridge as a flight commander and IP, he was sent community. Civic League. In recognition of his achieve- overseas to serve in the 36th Fighter Squad- The Michener Museum is an important part ments, South Rutherford Avenue was recently ron, Osan AB, Republic of Korea. He was of my district’s art and cultural identity and this renamed in his honor. hand-picked to command a flight of fighter pi- is due in no small part to Mr. Katsiff’s leader- A resident of Chicago his entire life, Richard lots flying wartime taskings in a upgraded F– ship and vision. In fact, it was he who Zilka has been a tireless fighter for the well 16C. His superiors identified him as an ‘‘avi- changed the name from the James A. Mich- being of his neighbors on the Southwest Side. ator without peers’’, and the ‘‘greatest contrib- ener Arts Center to the now nationally recog- Held in the utmost regard within the commu- utor to the combat readiness of the most for- nized James A. Michener Art Museum. nity, I have been inspired by his loyal and en- ward deployed fighter squadron in the Air In 1989 when he began as director, attend- during service. As he retires from his position Force.’’ He was promoted to the rank of Major ance at the museum averaged 8,000 visitors a as president of the Clearing Civic League, I and give greater responsibility as the Assistant year. Now, 120,000 people come to see the wish him all the very best for the future. Operations Officer, and later the Aide-de- exhibits each year and the museum ranks f Camp to the Seventh Air Force Commander, among the top art museums in the greater Lt General Joseph Hurd. General Hurd recog- Philadelphia region. COLONEL TODD P. ‘‘SLEDGE’’ nized his superior airmanship and trusted Bruce’s love of art goes back to high school, HARMER RETIRES AFTER 26 counsel and called him the finest aide he had where he discovered photography and partici- YEARS’ SERVICE WITH THE ever seen. Sledge was sent to the U.S. Naval pated in his first exhibit at the age of 17. He UNITED STATES AIR FORCE War College and earned a Master of Arts de- then studied photography at Rochester Insti- gree in National Security and Strategic Stud- tute of Technology, earned a Master of Fine HON. HOWARD P. ‘‘BUCK’’ McKEON ies, then went on to the Air Force’s School of Arts at the Pratt Institute and completed post- OF CALIFORNIA Advanced Airpower Studies and spent a year graduate work at the University of Oxford. IN THE HOUSE OF REPRESENTATIVES excelling in a rigorous curriculum. Following Mr. Katsiff’s keen business sense blended this, newly promoted Lt Colonel Harmer was Monday, June 18, 2012 well with his passion for art. Under his guid- assigned to the prestigious Checkmate Divi- ance, the museum flourished in size and staff. Mr. MCKEON. Mr. Speaker, I rise today to sion at the Pentagon to lead the European Just this month, the Edgar N. Putman Event recognize and pay tribute to Colonel Todd P. Command Pacific Command Branch. There he Pavilion was opened to establish the museum ‘‘Sledge’’ Harmer on the occasion of his retire- continued to contribute, lead and inspire his as a premier destination for facility rentals in ment from the United States Air Force. research teams through keen analysis and our area. I have had the pleasure of working with writings. Senior Air Force leadership had been For Bruce’s final project, the museum will Sledge on a number of occasions during his impressed with his papers and reports over host an exhibition from the Uffizi Gallery in tenure in the Air Force House Liaison Office, the years, but his writings would receive spe- Florence, Italy, of Old Master paintings and and greatly appreciate his professionalism, cial recognition while in Checkmate and would tapestries, including oil paintings from leg- knowledge, and dedication, which has bene- help shape the employment and advancement endary artists such as Botticelli and Titian. fited me personally, as well as numerous other of air and space power. Perhaps more impor- Because of all that Mr. Katsiff has accom- Members and staff. tantly, however, Lt Colonel Harmer would be- plished, I know that he will leave this position Colonel Harmer has given much to this Na- come an impact strategist and leader in the in high spirits. Thanks again to Bruce Katsiff tion through his dedicated and selfless serv- days following 9–11. He led teams developing for all that you have done for not only the ice. His Air Force career started the day he ar- Air Force position on Grand Military Strategy, Michener Museum, but for the entire Bucks rived at the U.S. Air Force Academy in June air and space operations plans, combat County community. I am honored to serve as of 1982. He established himself as a serious search and rescue, and the air attack plan for your representative in Congress, and I wish student with a great aptitude for flying. Upon Operation Enduring Freedom. His years of you many more years of continued success. graduation on May 28, 1986 with a Bachelor training, education and performing every mis- f of Science degree in aeronautical engineering, sion in a superb manner would help him to Lt Harmer was competitively selected among continue on the track to senior leadership. He HONORING MR. RICHARD ZILKA pilot training selectees to attend Euro-NATO was assigned as the Commander, 63rd Fight- Joint Jet Pilot Training, Lead-In Fighter Train- er Squadron, Luke AFB, AZ and given the dif- HON. DANIEL LIPINSKI ing, and F16C Operational Course, excelling ficult task of commanding in the Air Force’s OF ILLINOIS in each course. He was assigned to the 14th largest fighter wing. He did not disappoint. He IN THE HOUSE OF REPRESENTATIVES Tactical Fighter Squadron at Misawa AB, set the benchmark for training and air oper- Japan where he started flying combat training ations. Following this assignment, Lt Colonel Monday, June 18, 2012 missions and preparing for greater aerial Harmer would attend National War College at Mr. LIPINSKI. Mr. Speaker, I rise today to tasks. His superiors rated him the ‘‘best Fort McNair in Washington, DC and receive a recognize Richard Zilka, outgoing president of wingman in the squadron’’ and recognized him Master of Science in National Security Strat- the Clearing Civic League in Chicago, Illinois, as a gifted fighter pilot. As a new Captain, he egy, and the designation of Distinguished for his lasting service to the community. was upgraded to instructor pilot (IP) and mis- Graduate. He would spend the following year Mr. Zilka’s community owes him an enor- sion commander in absolute minimum time, in Turkey as an Executive Officer to the Com- mous debt. A member of the Clearing Civic then selected to be a Standardization/Evalua- mander of CC–Air and 16th Air Force, and, League since 1965, he has been president for tion Flight Examiner because of his great fly- U.S. Senior National Representative, Allied Air 26 years during which time he has distin- ing skill and leadership. He was reassigned to Component Command HQ Izmir. He was pro- guished himself as a tireless fighter for the the 69th Fighter Squadron at Moody AFB, GA moted to Colonel and assigned as the Vice

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K18JN8.010 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 18, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1059 Commander to a very demanding and active At the age of 18, John served as an Army tion’s most competitive graduate training insti- fighter wing, 388th FW, Hill AFB, UT, and to Medic in the European Theater of Operations tutions and share insights into the nature of prepare him to later command his own wing, where he saved many American lives and par- academic careers. the 33rd Fighter Wing, Eglin AFB, FL. His ticipated in the liberation of two concentration In the 20 years since its establishment, the boss, Lt General Gary North, tasked him to di- camps and a Russian POW camp. Leadership Alliance has mentored over 2,000 rect important sorties such as protection to Since 1995, John has logged over 7,000 undergraduates who have participated in the POTUS, space shuttle and several deploy- hours of volunteer service at the Iowa City Summer Research Early Identification Pro- ments at home and abroad. General North Veterans Medical Center visiting with his fel- gram and over 200 alumni who have obtained also hand-picked Colonel Harmer for a de- low veterans and drawing on his own experi- their PhD (215) or MD–PhD (19) degrees as manding position in Iraq’s Ministry of Defense ence battling post-traumatic stress to help Leadership Alliance Doctoral Scholars. where he led a highly specialized planning them recover. John has worked with psychia- More than 53 percent of Leadership Alliance and training team, and advised the U.S. trists at the Medical Center to help them in early identification students enroll into a grad- Forces-Iraq leadership on sensitive Arab-Kurd treating servicemembers with PTSD returning uate level program versus the national rate of issues. Upon returning to the U.S., the Air from Iraq and Afghanistan. John has also do- 40 percent enrollment into graduate programs. Force continued to challenge Sledge by as- nated money and vehicles to ensure that vet- Of this 53 percent, 42 percent enrolled into or signing him to one of the most demanding po- erans have transportation to VA facilities for completed PhD programs. Of the 42 percent sitions within the Air Force, his current job as their care. of students enrolling into doctoral training pro- the Chief of Air Force House Liaison. Since John’s service to his community also ex- grams, 46 percent completed PhD programs June 2010, Sledge has advised the Secretary tends to students at Vinton-Shellsburg and and more than half of those were in the of the Air Force, Chief of Staff of the Air North Linn Schools where he has shared sto- science, technology, engineering and mathe- Force, the Director of Legislative Liaison, and ries of his experience in the war for the past matics (STEM) disciplines. Leadership Alliance numerous other senior military and civilian eight years. John has turned his difficult expe- institutions graduated approximately 25 per- leaders on issues of the greatest concern to rience in war into a lesson for our community’s cent of all biomedical sciences PhD degrees HQ Air Force and the Congress. He has more youth. to underrepresented minority students in a five than served as a liaison between the Pen- For his work volunteering at the Iowa City year time period (2004–2008), making it a tagon and the Hill, he has developed and im- VA hospital and sharing his experiences with leading consortium grantor of PhD degrees in proved key relationships that help us make students, John was honored earlier this year the biomedical sciences in the United States. better decisions about the Air Force. He is ex- by Cedar Rapids’ KCRG’s ‘‘9 Who Care’’ In my district, over the past 18 summers, tremely intelligent and articulate, and has Awards, and he was nominated to represent the University of Pennsylvania has hosted 210 helped shape my thinking and influenced Eastern Iowa at the Jefferson Awards for Pub- undergraduates who were mentored by faculty many Members of Congress. Simply, we trust lic Service, where he is a finalist for the Jac- and had an in-depth research experience de- him! queline Kennedy Onassis Award for ‘‘Out- signed to provide them with theoretical knowl- Colonel Harmer is a command pilot with standing Community Service Benefiting Local edge and practical training in research and over 3,300 flying hours primarily in the F–15 Communities.’’ scientific experimentation and other scholarly and F–16. He is the recipient of the following As the son of a World War Two veteran, investigations. major medals and decorations for his service who landed on Iwo Jima when he was 17, I Leadership Alliance Doctoral Scholars are and accomplishments: the Bronze Star, Legion understand the service and sacrifice made by diversifying the academy with 58 percent of of Merit, Defense Meritorious Service Medal, veterans like John. They truly are members of them at research-intensive institutions. Doc- Air Force Meritorious Service Medal, Air the Greatest Generation, and John deserves toral Scholars also are engaging in career po- Medal, Aerial Achievement Medal, Air Force to be commended for continuing to serve after sitions in government and industry. The Lead- Commendation Medal, Air Force Achievement he returned home and turning his own trials ership Alliance has demonstrated its effective- Medal, Combat Readiness Medal, National from war into a learning experience for others. ness as a model for identifying, training and Defense Service Medal, Armed Forces Expe- Congratulations John for this well-deserved mentoring underrepresented minorities who ditionary Medal, Southwest Asia Service honor. Thank you for your continued service to are poised to expand and diversify the base of Medal, Iraq Campaign Medal, Global War on our community and work on behalf of Vet- the 21st century workforce. Terrorism Expeditionary Medal, Korean De- erans. You represent the best of Iowa, having I am pleased today to recognize the impor- fense Service Medal, and the NATO Medal. served your country and community for over tance of sustaining efforts to invest in pro- Throughout his distinguished career he has half a century. Keep up the good work. grams that identify, train and mentor talented represented our country and Air Force with f underrepresented and underserved students; dignity and honor, and this is why I am so recognize the continued dedication of institu- privileged to pay tribute to this fine Airman. COMMEMORATING THE 20TH ANNI- tional leaders, faculty members, administrators Mr. Speaker, on behalf of the Congress and VERSARY OF THE LEADERSHIP and students across the United States and the United States of America, I thank Colonel ALLIANCE support their roles in the continued training Todd Harmer, his wife Stacie and their daugh- and mentoring of underrepresented students ters, Jordan, Leigh and Erika, for their service HON. CHAKA FATTAH along the academic pathway; and to congratu- and sacrifices over the past 26 years. I wish OF PENNSYLVANIA late and commend the Leadership Alliance, in- them Godspeed, and continued happiness as IN THE HOUSE OF REPRESENTATIVES cluding the University of Pennsylvania, for 20 they start a new chapter in their lives. Monday, June 18, 2012 years of mentoring a diverse and competitive f research and scholarly workforce. Mr. FATTAH. Mr. Speaker, I rise today to f RECOGNIZING JOHN GUALTIER commemorate the 20th anniversary of the Leadership Alliance. The Leadership Alliance, CONGRATULATIONS TO MOUNT HON. BRUCE L. BRALEY established in 1992, is a national academic WASHINGTON CRUISES ON THEIR OF IOWA consortium of leading research universities 140TH ANNIVERSARY IN THE HOUSE OF REPRESENTATIVES and minority serving institutions with the mis- sion to develop underrepresented students Monday, June 18, 2012 HON. FRANK C. GUINTA into outstanding leaders and role models in OF NEW HAMPSHIRE Mr. BRALEY of Iowa. Mr. Speaker, I rise academia, business and the public sector. IN THE HOUSE OF REPRESENTATIVES today to recognize John Gaultier of Vinton, IA Through an organized program of research, for his years of service to veterans in Eastern networking and mentorship at critical transi- Monday, June 18, 2012 Iowa. tions along the entire academic training path- Mr. GUINTA. Mr. Speaker, it is with great John’s service to the veterans and his com- way, the Leadership Alliance prepares young pleasure that I congratulate Mount Washington munity in Eastern Iowa has been a lifelong en- scientists and scholars from underrepresented Cruises on reaching your 140th anniversary. deavor, as he’s drawn on his own experience and underserved populations for graduate New Hampshire is proud to be home to in war and battling PTSD to ensure that re- training and professional apprenticeships. some of the most beautiful sights in the North- turning veterans are better served and that Leadership Alliance faculty mentors provide east. The White Mountains and Lakes Region students are aware of the service and sacrifice high quality, cutting-edge research experi- have attracted tourists from all over the world, their elders made in the Second World War. ences in all academic disciplines at the na- and the beauty and grandeur of Lake

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\K18JN8.013 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1060 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2012 Winnipesaukee has been shared with thou- A TRIBUTE TO COACH FINLEY RECOGNIZING BARBARA sands of visitors thanks to the M/S Mount READ WILLIAMS-SKINNER Washington. The M/S Mount Washington is truly one of HON. EDDIE BERNICE JOHNSON New Hampshire’s greatest treasures and con- HON. MIKE McINTYRE OF TEXAS tinues to be one of the state’s leading tourist OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES attractions in the Lakes Region and for Weirs Monday, June 18, 2012 Beach. The daily in season tours give visitors IN THE HOUSE OF REPRESENTATIVES the chance to view firsthand the beauty and Ms. EDDIE BERNICE JOHNSON of Texas. Monday, June 18, 2012 majesty of Lake Winnipesaukee. With the abil- Mr. Speaker, I rise today to recognize Dr. Bar- ity to hold 1250 passengers, the ‘‘Mount’’ has Mr. MCINTYRE. Mr. Speaker, I rise today to bara Williams-Skinner, who is being honored also been a popular venue for parties, wed- pay tribute to a truly outstanding North Caro- by President Obama as a Champion for dings and various celebrations. Today Mount linian, Finley Read, of Lumberton, North Caro- Change. Dr. Williams-Skinner is being com- Washington Cruises is owned and operated by lina. Coach Read has dedicated over twenty mended for her dedication to addressing the local individuals ensuring that this fine vessel years coaching and administrative work Lum- needs of low-income men and boys. Dr. Williams-Skinner has worked tirelessly and her operations maintain in New Hamp- berton High School, which is my alma mater. through her organization, the Skinner Leader- shire and are run by New Hampshire’s great Coach Read deserves to be honored here ship Institute, to promote leadership building citizens. today for his tireless contribution to the com- and evangelism. The organization prides itself I congratulate the owners, officers and crew munity of Lumberton. I ask that you join me in in its holistic approach, which builds moral of the Mount Washington Cruises for their recognizing his long and remarkable career. continued success and their dedication to character, technical skills, and spiritual growth. maintain the great legacy of the M/S Mount Coach Read enrolled and graduated from Using this approach, the organization trains Washington here in the Granite State. I wish NC State University, where he was active in youth, ministry, and political leaders. Her work you all the best for continued success in the the football program. His impressive record with young men, in particular, highlights the future. during this time was interrupted only to serve importance that she places on fatherhood our country in the U.S. Army. After returning to within the family. f Lumberton, Coach Read became a high As former Executive Director of the Con- school teacher and multi-sport coach for the gressional Black Caucus, Dr. Williams-Skinner RECOGNIZING BISHOP T.D. JAKES Lumberton Pirates, where he remained for two helped to coordinate the Congressional Black decades. In addition to his role as an adminis- Caucus Prayer Breakfast, which today attracts HON. EDDIE BERNICE JOHNSON trator, Coach Read has bettered his commu- leaders from across the Nation. Since 1992, she has worked through the Leadership Insti- OF TEXAS nity in countless ways. Through his leadership in football, baseball, and basketball, Coach tute to empower the communities around her. IN THE HOUSE OF REPRESENTATIVES Read has touched the lives of many Lum- She has helped to train up-and-coming lead- Monday, June 18, 2012 berton High students. He has been quite influ- ers, many of whom are today the stalwarts of their communities. The Skinner Leadership In- Ms. EDDIE BERNICE JOHNSON of Texas. ential in our community, where he is known for stitute hosts bi-weekly prayer walks through Mr. Speaker, I rise today to recognize Bishop his integrity and kindness. the halls of Congress, and its African Amer- T.D. Jakes, senior pastor and evangelist at Recently, the loss of long-time colleague ican Leadership seminars have helped to fos- The Potter’s House in Dallas. The Potter’s and close friend, Coach Alton ‘‘Turmey’’ ter a sense of community among African House is not only a house of worship, but a Brooks, left a hole in the lives of Lumberton American leaders. Dr. Williams-Skinner has global humanitarian organization with over High School students. His passing galvanized also served as a board member of Operation 30,000 members, which Bishop Jakes has the community to honor Coach Brooks, which Push, the Christian Community Development faithfully served for more than 15 years. As in turn has reminded us of the quiet, humble Association, and the Neighborhood Learning well as celebrating a career in service with integrity of Coach Finley Read. His award Center. over 35 years of ministry, Bishop Jakes also today from the community of Lumberton Mr. Speaker, the work of faith-based leaders celebrates his 55th birthday this month. comes in the form of a pirate ship, in recogni- should not go unnoticed. Dr. Williams-Skin- During an event in his honor this month, tion of his winning leadership for the Lum- ner’s commitment to cultivating spiritual matu- Bishop Jakes was joined by various church berton Pirates. His friends, former colleagues, rity and public service has shaped leaders that members, celebrities, and dignitaries in Dallas and students from all walks of life have come help to reconcile the spiritual, moral, and tech- for a spiritual celebration of his 35 years of ac- together to praise him for role as a successful nical needs of our country. These leaders will complishments in the ministry. The event, ti- mentor, devout Christian, loving husband, and help build strong communities. Her work not tled ‘‘Triumphant Journey,’’ highlighted Bishop dedicated father. only benefits today’s leaders, but helps to se- Jakes’ contributions to his congregants and I have known Coach Read all of my life, and cure leaders of the future. Her accomplish- supporters as a pastor, author, and husband. I have personally witnessed and experienced ments and contributions to our Nation are in- Few people have the ability and the calling Coach Read’s powerful and positive influence disputable. I applaud Dr. Williams-Skinner’s to lead such a great following into a life of de- in many different settings—from teaching me leadership, and I wish her continued success votion and compassion. Yet, Bishop Jakes has and other youngsters how to swim at with the Skinner Leadership Institute. devoted his efforts in his commitment to help- Woodside Pool when I was in the third grade, f ing the needy, and empowering the disillu- to his giving me the opportunity to serve as sioned. Through his ministerial work, Bishop HONORING THE LIFE AND SERVICE Manager of the Pirates baseball team while I Jakes has used his talents to unite tens of OF NORTHWEST FLORIDA’S BE- was in high school, to my work with him as a thousands of North Texans under a united LOVED WENDELL GRIFFITH spiritual cause. Harnessing the generosity of fellow Elder in our home church, First Pres- his congregation, Bishop Jakes continues to byterian, in Lumberton. Coach Read, his wife Ruth, and all of his children, Kathy, Carey, HON. JEFF MILLER lead a commanding effort to better his com- OF FLORIDA munity, and bring humanitarian assistance to and Allison, are dear friends that my family IN THE HOUSE OF REPRESENTATIVES other parts of the world. and I have long-known and respected. Mr. Speaker, faith-based leaders and the Mr. Speaker, Coach Finley Read has Monday, June 18, 2012 powerful following they command serve as mentored students in Robeson County for Mr. MILLER of Florida. Mr. Speaker, on be- powerful tools in the furthering of altruism, and decades. As Co-founder and Co-Chairman of half of the United States Congress, it is an the building of strong communities. Bishop the Congressional Caucus on Youth Sports, I honor for me to rise today to recognize the life Jakes is a unifying force in North Texas, and especially appreciate the work Coach Finley and service of Northwest Florida’s beloved his contributions to the faith-based community Read has done to make our community a bet- Wendell Griffith. are undeniable. I commend Bishop Jakes for ter and healthier place. I wish Coach Read For nearly 25 years, Wendell Griffith was a his leadership, and wish The Potter’s House and his family God’s richest blessings, and I constant presence on the campus of North- continued success in its pursuit of a better un- ask that you join me today in recognition of his west Florida State College. As a professor of derstanding of the faith. impressive career. United States and World History, Mr. Griffith

VerDate Mar 15 2010 03:48 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.021 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 18, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1061 had a unique personal teaching style that in- his roles at the board of trustees of Fayette- politics in some quarters of our Nation, but it spired his students to engage with history and ville Academy and ARC of Cumberland Coun- sets a terrible and dangerous precedent. learn invaluable life lessons. A true patriot, Mr. ty. He always worked hard to address commu- The Constitution requires the president to Griffith served his country honorably in the nity challenges in Fayetteville, and always did enforce the law. It authorizes the president to United States Marine Corps and his reverence so with humor and kindness. recommend changes to the law. It does not— for our Constitution guided both his service to Mr. Potter was also recognized for his deep does not—permit the president to selectively our nation and the community. faith in Christ, and was active at Saints Con- choose which laws to enforce. Mr. Griffith was remembered by students stantine and Helen Greek Orthodox Church. The Congress must disabuse the president and colleagues alike as a truly world class There he taught Bible study, established the and every future president of the notion that story teller. By framing historical events in this Paris and Potter Endowment Fund for the laws with which the executive branch dis- unique context, he was able to reach thou- church, and became a godfather for the agrees can be ignored. More important than sands of students and instill in them a true church at its consecration. We know today party, and more important than presidential and full appreciation of history and of the im- that he is resting at home in peace and joy politics, must be the upholding of the Constitu- portance of historical events and documents. with his Savior. tion and seeing to it that the laws are faithfully Mr. Griffith was also an ardent follower of poli- Mr. Speaker, Mr. Potter was a personal executed. tics, and he bestowed upon his students an friend of mine and I have the utmost respect f appreciation for the importance of participating for his integrity, business acumen and his in American democracy. strong commitment to church and community. HONORING THE LIFE AND SERVICE Mr. Griffith was also a loving and committed May we never forget the goodness, humility, OF WILLIE J. O’NEAL husband, father and friend. He is survived by service, and character that defined his life. He his wife, Sara Lynn, his three sons, Edward, is survived by his wife, Dena Fasul Potter, son HON. JEFF MILLER Brett and Lucas, his two grandchildren, Na- Nicholas D. Potter, daughter Rebecca Cooke OF FLORIDA than and James, and scores of friends, col- and numerous grandchildren, cousins, nieces IN THE HOUSE OF REPRESENTATIVES leagues and students. To some, Wendell Grif- and nephews. May God continue to bless all Monday, June 18, 2012 fith will be remembered as an inspiring teach- of his loved ones, the work he did, and the er, to others as a true American patriot. To his greatness that he inspired within all who knew Mr. MILLER of Florida. Mr. Speaker, I rise family and friends, he will be remembered as him. today to honor the life and service of Mr. Willie a loyal and caring family man. f J. O’Neal who passed on June 12, 2012 at the Mr. Speaker, on behalf of the United States age of 74. Mr. O’Neal, known to his family and Congress, it gives me great pride to honor the DEPORTATION EXEMPTION FOR friends as ‘‘Deacon Bill,’’ was an esteemed life of Wendell Griffith. My wife Vicki joins me IMMIGRANT ALIENS member of the Northwest Florida community, in extending our most sincere condolences to a proud veteran, and a dedicated servant of the entire Griffith family. HON. NICK J. RAHALL II God. I am humbled to commemorate his life. f OF WEST VIRGINIA Born in 1937, Deacon Bill enlisted in the IN THE HOUSE OF REPRESENTATIVES United States Air Force, retiring at the rank of A TRIBUTE TO MR. RALPH Chief Master Sergeant. Upon retirement from Monday, June 18, 2012 POTTER the Air Force, he continued to serve his coun- Mr. RAHALL. Mr. Speaker, like many Ameri- try in the civil service. Earlier this month, Dea- HON. MIKE McINTYRE cans, I was taken aback by the Administra- con Bill celebrated his 20th year as a deacon OF NORTH CAROLINA tion’s announcement last week that it would at Holy Name of Jesus Catholic Church in IN THE HOUSE OF REPRESENTATIVES decline to enforce the law when it comes to Niceville, Florida. He spent his days as a fix- the deportation of illegal aliens who were ture at the Eglin Air Force Base Exchange Monday, June 18, 2012 brought to our Nation as young children. (BX) ministering to countless people from his Mr. MCINTYRE. Mr. Speaker, I rise with sor- I believe that the president is wrong on this favorite booth at the BX Starbucks. Deacon row today following the passing of Ralph Pot- issue—as wrong as he can be. Bill was a mentor to some, a minister to many, ter of Fayetteville, North Carolina. Mr. Potter We are a Nation of immigrants. We take and a friend to all. was a proprietor of almost fifty restaurants in pride in our immigrant roots. Southern West Mr. Speaker, on behalf of the United States the Carolinas, beloved member of the commu- Virginia has a proud history of immigrant fami- Congress, I am privileged to recognize the life nity, devoted family man, dear friend, and ef- lies and workers who migrated to the coal and dedicated service of Willie J. ‘‘Deacon fective public servant. Mr. Potter passed away fields to live and work. Bill’’ O’Neal. My wife Vicki and I offer our pray- on June 2, 2012 at the age of 75, and he will For every immigrant who came to this coun- ers for his children, Monica, Steven, and Mark, be dearly missed. try legally, abiding by the process and respect- five grandchildren, Melony, Ethan, Clare, Ralph Potter grew up in Wilmington, at- ing the law, this action is a slap in the face. Grace and Matthew, and their entire family. tended New Hanover High School, and then For the immigration and border security offi- He will truly be missed by all of us throughout enrolled at UNC-Chapel Hill, where he was cers, who are working and risking their lives to the community. the first in his family to graduate from college. enforce the law, this announcement is a slap f He went on to earn his juris doctor from UNC in the face. For the American workers who will School of Law, which he would later use to be forced to compete for American jobs A TRIBUTE TO ALTON G. serve his community as the president of the against immigrant aliens, this announcement ‘‘TUNNEY’’ BROOKS state restaurant association. His strong work is a slap in the face. ethic and intelligence helped earn him the I share the frustration of many Americans in HON. MIKE McINTYRE Methodist University’s Entrepreneur and Busi- the stubborn refusal of the House Republican OF NORTH CAROLINA nessman of the Year award, and his res- Majority in not taking action on critical legisla- IN THE HOUSE OF REPRESENTATIVES taurants can now be found throughout North tion—a long-term surface transportation, budg- and South Carolina. Outside of business, Mr. et and appropriations bills, and a host of expir- Monday, June 18, 2012 Potter was devoted to his family, to his church ing laws that run the gamut from tax breaks, Mr. MCINTYRE Mr. Speaker, I rise today to and his community, and he will long remain a to Medicare payments to our hospitals and pay tribute to Alton G. ‘‘Tunney’’ Brooks, a well-known and influential figure in Fayette- health providers, to critical government pro- long-serving coach and athletic director at ville. grams; all of which are undermining con- Lumberton High School, my own alma mater. Mr. Potter was very active in the American fidence in the Congress as an institution and Coach Brooks was an irreplaceable mentor for Hellenic Educational Progressive Association acting as deadweight on job creation and many students in our community, a devoted as a reflection of his proud Greek heritage, growth. To some extent, one could even argue family man, and a dear friend. Coach Brooks and supported education efforts through his the Congress has invited this executive action passed away on the morning of May 4, 2012, such as the Ira Douglas Potter Memorial and by refusing to act to strengthen our Nation’s after a three-year battle with lung cancer, and Ralph M. Potter Scholarship Funds at UNC, borders and immigration enforcement. he will be deeply missed. as well as a scholarship fund at Salem Col- But, a chief executive’s decision, to bypass Driven by a strong love for his community lege. He pushed for the creation of the first the Congress and refuse to implement the and a deep investment in its youth, Coach Cumberland County Public library, along with law, is unacceptable. It may make for good Brooks coached numerous sports during his

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K18JN8.016 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1062 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2012 lifetime and served as the Lumberton High This bipartisan bill, which I am introducing A TRIBUTE TO MR. DEWAYNE School Athletic Director. In this capacity, with my colleague from North Carolina, Mike CHARLES HESTER Coach Brooks was a valuable leader and role McIntyre, seeks to build on the President’s ini- model, who pushed young athletes to achieve tiative by codifying the requirement that the Di- HON. MIKE McINTYRE things they never thought possible and worked rector of OSTP require each agency to de- OF NORTH CAROLINA to shape their senses of integrity, character, velop guidelines to maximize the quality, ob- IN THE HOUSE OF REPRESENTATIVES discipline, and teamwork. jectivity, utility, and integrity of scientific infor- Monday, June 18, 2012 This dedication is evident through his many mation used by federal agencies. This legisla- Mr. MCINTYRE. Mr. Speaker, I rise today to recognitions, as he was named to the N.C. tion requires appropriate peer review, the dis- Athletic Directors and N.C. High School Ath- pay tribute to a tremendous public servant, closure of scientific studies used in making de- Deputy Sheriff Dewayne Charles Hester, who letic Association’s Halls of Fame. His legacy cisions, and an opportunity for stakeholder will also be remembered through the Lum- served the people of Bladen County as a law input. The bill requires federal agencies to enforcement officer for more than a decade. berton High School football stadium, named in give greatest weight to information based on his honor, and through an endowment scholar- The Bladenboro community recently and unex- reproducible data that is developed in accord- ship at UNC-Pembroke. Coach Brooks also pectedly lost this dear friend and beloved law- ance with the scientific method. Further, it received honors as a superior athlete him- man, but his influence and compassion for the deems agency actions that do not follow such self—at Charles Coon High School, where he people he served will live on. I rise today to received all-state honors and won state cham- procedures to be arbitrary and subject to chal- honor him and pay tribute to his memory. pionships, at Wake Forest University where he lenge by affected stakeholders. Deputy Hester’s career in law enforcement was team captain of the baseball and basket- Mr. Speaker, we all want the best science began in the City of Elizabethtown Police De- ball teams, and on the national level in 1951, used in decisions made by the federal govern- partment, and his hard work earned him the when he helped the U.S. win silver at the first- ment. This bill will help accomplish that goal. title of Sheriff’s Deputy with the Bladen County ever Pan American Games in Argentina as the Sheriff’s Department. Deputy Hester was well- catcher for the U.S. baseball team. f respected for his dedication to keeping the citi- I knew Coach Brooks personally, not only zens of Bladen County safe. as the father of my good friend, Richie Brooks, RECOGNIZING LONGWOOD STU- Deputy Hester made a lasting mark on his with whom I grew up with in Lumberton, and DENTS WHO HONORED VET- community, our state and our nation. We all with whom I served on the Student Council at ERANS owe him a tremendous debt of gratitude, and LHS, but also through his being the first Man- we can best honor his memory by honoring ager of Woodside Pool, which he and my fa- his commitment to public service. A man of faith, Hester was a member of ther spent countless hours developing through HON. TIMOTHY H. BISHOP Hickory Grove Baptist Church in Bladenboro. Recreation Facilities, Inc. As President of the OF NEW YORK We know today that he is resting at home in Student Body at LHS and as Manager of the peace and joy with his Savior. Lumberton Pirates baseball team when I was IN THE HOUSE OF REPRESENTATIVES As a Member of the Law Enforcement Cau- in high school, I knew first-hand of Coach cus, I have been personally aware of Deputy Brooks’ leadership as our school’s well-re- Monday, June 18, 2012 Hester’s commitment and service. Following spected and dynamic athletic director. Mr. BISHOP of New York. Mr. Speaker, I the tragedy befalling our friend and colleague, As a Co-Founder and Co-Chairman of the rise today to recognize the students, both past Congresswoman Gabby Giffords, I benefitted Congressional Caucus on Youth Sports, I and present, of the Longwood School District from the professionalism, courtesies, and re- have a deep, personal respect for Coach in my district on Long Island for the comple- spect he showed as he provided protection for Brooks’ dedication to this cause. Over several tion of two major projects—the Longwood Vet- me during one of my ‘‘Conversations with the decades, he has taught hundreds of youth in erans Walk and the accompanying Longwood Congressman’’ meetings at the Town Hall in the Lumberton area valuable lessons and Veterans History Project, which honor those Elizabethtown. This was but one example of skills that have made a meaningful and lasting his answering the call of duty wherever and impact on their lives, and our community will men and women who have served this nation in overseas conflicts. wherever he was needed. always remain grateful. Mr. Speaker, I ask my colleagues to join me In tribute to the service our veterans have Mr. Speaker, may we never forget the good- in remembering a dedicated community lead- ness, humility, and character that defined the given to this country, a monument commemo- er, a friend to many throughout North Carolina life of Alton ‘‘Tunney’’ Brooks. May God con- rating the service of former Longwood school and a wonderful husband, loving father, and tinue to bless his three children, Debbie, students who served in the Gulf War, the Iraq dutiful son. Deputy Dewayne Hester will be Richie and John, all of his loved ones, the War, and the continuing War in Afghanistan, dearly missed by his family—his wife, Tammie work he did, and the greatness that he in- has been constructed and will be dedicated on Hester; his daughters, Haley and Hannah spired within all who knew him. June 16, 2012, in Bartlett Pond Park. Hester; his two brothers, Jamie and Kenneth; f This monument is the last in a series hon- and his mother, Elfriede Hester. ENSURING SOUND SCIENCE IN oring the Longwood veterans from every war Our thoughts and prayers are with them AGENCY RULEMAKING AND RISK in our nation’s history, dating back to the Rev- during this difficult time, and we will continue ASSESSMENTS olution. The first, dedicated in 2007, created to remember him as an honorable man who an enthusiasm for local history and the per- gave his life in the line of duty. HON. DONALD A. MANZULLO sonal stories of these men and women. f OF ILLINOIS Since then, the students of Longwood Jun- CONGRATULATING MURDIC AND IN THE HOUSE OF REPRESENTATIVES ior High School have, using a variety of BEULAH BOWEN Monday, June 18, 2012 sources, conducted their own research to lo- cate the names and lives of every Longwood HON. JOE WILSON Mr. MANZULLO. Mr. Speaker, I rise today veteran, an undertaking that resulted in six OF SOUTH CAROLINA to introduce the Sound Science in Agency volumes of biographies. Through the gen- IN THE HOUSE OF REPRESENTATIVES Rulemaking and Risk Assessments Act to help erosity of the local community, sufficient funds restore sound science and scientific integrity Monday, June 18, 2012 were raised for the completion of this ambi- to the rulemaking process at our federal agen- tious and moving project. Mr. WILSON of South Carolina. Mr. Speak- cies. er, on July 3, 2012, Mr. and Mrs. Murdic and On March 9, 2009, President Obama issued Mr. Speaker, I am deeply proud of this Beulah Bowen will celebrate their 70th wed- a Presidential memorandum directing the Of- project and the students who have made it a ding anniversary. Murdic and Beulah were fice of Science and Technology Policy (OSTP) reality. On behalf of New York’s first congres- married on July 3, 1942, in Columbia, South to require federal departments and agencies sional district, I urge my colleague in the U.S. Carolina, and are longtime residents of the to develop procedures ‘‘for restoring scientific House of Representatives to join me in recog- Elgin community in Richland County, South integrity to government decision making.’’ To nizing the inspiring civic duty demonstrated by Carolina. date, this worthwhile and sensible project has these students who have honored our commu- Together, the Bowens have contributed a not been completed. nity’s veterans. great deal to their community, the State of

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A18JN8.027 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS June 18, 2012 CONGRESSIONAL RECORD — Extensions of Remarks E1063 South Carolina, and our Nation. On December If the Supreme Court strikes down the Af- IN RECOGNITION OF THE 3, 1942, Murdic reported to the United States fordable Care Act, there will be no winners. WHITEVILLE HIGH SCHOOL Army and served in the 94th Division during The Affordable Care Act forces insurance BASEBALL TEAM BEING NAMED World War II throughout the European The- companies to play by the rules, giving Ameri- NORTH CAROLINA 2–A STATE atre. After his tour of duty, he returned to Elgin cans greater control over their own health CHAMPIONS where he began working in textiles and be- care. Under the health care law, insurance came the owner of a mercantile business and companies are required to publicly justify their a used car business. Beulah worked with the actions if they chose to raise rates by 10 per- HON. MIKE McINTYRE Citizens and Southern National Bank in Elgin, cent or more, and can no longer impose life- OF NORTH CAROLINA South Carolina, and retired from the bank after time dollar limits on health benefits. In a major IN THE HOUSE OF REPRESENTATIVES 40 years of dedicated service. show of support, several insurance compa- Murdic and Beulah have remained active nies, including UnitedHealthcare and Aetna, Monday, June 18, 2012 and devoted members of the Highway Pente- have even pledged to preserve certain provi- costal Holiness Church in Elgin, South Caro- Mr. MCINTYRE. Mr. Speaker, it is my great sions of the health care law no matter what lina, and continue to remain a steadfast exam- pleasure to rise today to ask you to join me in the Supreme Court decides. ple of devotion, patience, and understanding recognizing the Whiteville High School base- to their three daughters, six grandchildren, and A repeal of the Affordable Care Act would ball team of Whiteville, North Carolina, on ten great-grandchildren. I would like to con- further exacerbate health disparities between being named North Carolina 2–A State Cham- gratulate Murdic and Beulah Bowen on this minorities and non-minorities. Minorities suffer pions. momentous occasion and offer my best wish- disproportionately from serious illnesses such The Whiteville Wolfpack finished their sea- es to them and their family in the future. as cancer, diabetes, and HIV/AIDS. Histori- son strong with a 16-game winning streak for f cally, minorities have faced considerable bar- a record of 26–5, including the championship riers to accessing affordable health insurance, game win over the 2011 returning State THE AFFORDABLE CARE ACT and these barriers have contributed to signifi- Champions. The Whiteville team also received cant health disparities. Under the Affordable the honors for All-Cape Fear region baseball HON. EDDIE BERNICE JOHNSON Care Act, an estimated 3.8 million African coach of the year, Brett Harwood, and player OF TEXAS Americans and roughly 5.4 million Latinos who of the year, Nathan Hood. IN THE HOUSE OF REPRESENTATIVES would otherwise be uninsured will gain cov- As founder of the Congressional Caucus on Monday, June 18, 2012 erage by 2016. If the Affordable Care Act is Youth Sports, a long-time little league coach struck down, millions of minorities will be and one who grew up playing baseball, I ap- Ms. EDDIE BERNICE JOHNSON of Texas. forced to seek primary care in our Nation’s preciate the dedication, determination, and Mr. Speaker, millions of Americans are anx- overcrowded emergency rooms, and the costs teamwork that earned these players the es- iously awaiting the Supreme Court’s ruling on of care will be shifted to taxpayers. teemed title of State Champions. I am also im- the constitutionality of the Affordable Care Act. pressed by Coach Brett Harwood who led this Many of these individuals await this decision Mr. Speaker, while the Republicans have in- team to victory, as well as the parents of each in fear, as they stand to lose their sense of se- troduced numerous measures to undermine player and the Whiteville community as a curity if the law is struck down. Since the Af- and repeal the Affordable Care Act, they have whole for supporting these young baseball fordable Care Act was signed into law on not yet offered one piece of legislation which players as they worked to achieve their March 23, 2010, millions of Americans have would reduce health care costs for young dream. already benefited from its sweeping reforms, adults and seniors or address the growing and millions more stand to benefit once the health disparities between minorities and non- Mr. Speaker, I rise today to ask my col- law is fully implemented in 2014. Texas has minorities. As we await this monumental court leagues to join me in recognizing the the highest percentage of adults without health decision, I, along with my Democratic col- Whiteville High School baseball team, and insurance, and striking down the Affordable leagues, will continue to advocate for access wishing them the very best in all of their future Care Act will only worsen this predicament for to affordable, quality health care for all Ameri- endeavors. Texans. cans.

VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A18JN8.030 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS E1064 CONGRESSIONAL RECORD — Extensions of Remarks June 18, 2012 SENATE COMMITTEE MEETINGS that foster fish habitat conservation, samples collected from crime scenes Title IV of Senate Resolution 4, to improve the quality of life for the and convicted offenders, to improve people of the United States, S. 2018, to and expand the DNA testing capacity agreed to by the Senate on February 4, amend and reauthorize certain provi- of Federal, State, and local crime lab- 1977, calls for establishment of a sys- sions relating to Long Island Sound oratories, to increase research and de- tem for a computerized schedule of all restoration and stewardship, S. 3264, to velopment of new DNA testing tech- meetings and hearings of Senate com- amend the Federal Water Pollution nologies, to develop new training pro- mittees, subcommittees, joint commit- Control Act to reauthorize the Lake grams regarding the collection and use tees, and committees of conference. Pontchartrain Basin Restoration Pro- of DNA evidence, to provide post con- This title requires all such committees gram, S. 2104, to amend the Water Re- viction testing of DNA evidence to ex- sources Research Act of 1984 to reau- onerate the innocent, to improve the to notify the Office of the Senate Daily thorize grants for and require applied Digest—designated by the Rules Com- performance of counsel in State capital water supply research regarding the cases, S. 285, for the relief of Sopuruchi mittee—of the time, place, and purpose water resources research and tech- Chukwueke, S. 1744, to provide funding of the meetings, when scheduled, and nology institutes established under for State courts to assess and improve any cancellations or changes in the that Act, S. 3304, to redesignate the En- the handling of proceedings relating to meetings as they occur. vironmental Protection Agency Head- adult guardianship and conservator- As an additional procedure along quarters located at 1200 Pennsylvania ship, to authorize the Attorney General with the computerization of this infor- Avenue N.W. in Washington, D.C., as to carry out a pilot program for the mation, the Office of the Senate Daily the ‘‘William Jefferson Clinton Federal conduct of background checks on indi- Building’’, to redesignate the Federal viduals to be appointed as guardians or Digest will prepare this information for building and United States Courthouse printing in the Extensions of Remarks conservators, and to promote the wide- located at 200 East Wall Street in Mid- spread adoption of information tech- section of the CONGRESSIONAL RECORD land, Texas, as the ‘‘George H. W. Bush nology to better monitor, report, and on Monday and Wednesday of each and George W. Bush United States audit conservatorships of protected week. Courthouse and George Mahon Federal persons, and the nominations of Brian Meetings scheduled for Tuesday, Building’’, and to designate the Federal J. Davis, to be United States District June 19, 2012 may be found in the Daily building housing the Bureau of Alco- Judge for the Middle District of Flor- hol, Tobacco, Firearms, and Explosives Digest of today’s RECORD. ida, Terrence G. Berg, to be United Headquarters located at 99 New York States District Judge for the Eastern Avenue N.E., Washington D.C., as the MEETINGS SCHEDULED District of Michigan, Jesus G. Bernal, ‘‘Eliot Ness ATF Building’’, H.R. 1791, to be United States District Judge for JUNE 20 to designate the United States court- the Central District of California, 9:30 a.m. house under construction at 101 South Lorna G. Schofield, to be United States Banking, Housing, and Urban Affairs United States Route 1 in Fort Pierce, District Judge for the Southern Dis- Florida, as the ‘‘Alto Lee Adams, Sr., Securities, Insurance and Investment Sub- trict of New York, Grande Lum, of United States Courthouse’’, and the committee California, to be Director, Community nominations of Allison M. Macfarlane, To hold hearings to examine the initial Relations Service, and Jamie A. of Maryland, and Kristine L. Svinicki, public offering (IPO) process, focusing Hainsworth, to be United States Mar- of Virginia, both to be a Member of the on ordinary investors. shal for the District of Rhode Island, Nuclear Regulatory Commission, and a SD–538 John S. Leonardo, to be United States proposed resolution relating to the 10 a.m. Attorney for the District of Arizona, General Services Administration. Judiciary Patrick A. Miles, Jr., to be United Room to be announced To hold an oversight hearing to examine States Attorney for the Western Dis- 10 a.m. the United States Patent and Trade- Banking, Housing, and Urban Affairs trict of Michigan, and Danny Chappelle mark Office, focusing on implementa- To hold hearings to examine perspectives Williams, Sr., to be United States At- tion of the Leahy-Smith ‘‘America In- on money market mutual fund reforms. torney for the Northern District of vents Act’’ and international harmo- SD–538 Oklahoma, all of the Department of nizing efforts. Commerce, Science, and Transportation Justice. SD–226 To hold hearings to examine the nomina- SD–226 Commerce, Science, and Transportation tion of Michael Peter Huerta, of the 1:30 p.m. Science and Space Subcommittee District of Columbia, to be Adminis- Judiciary To hold hearings to examine risks, op- trator of the Federal Aviation Admin- Antitrust, Competition Policy and Con- portunities, and oversight of commer- istration, Department of Transpor- sumer Rights Subcommittee cial space. tation. To hold hearings to examine the Uni- SR–253 SR–253 versal Music Group/EMI merger and 2:30 p.m. Finance the future of online music. Judiciary To hold hearings to examine Russia’s SD–226 To hold hearings to examine Holocaust- World Trade Organization (WTO) acces- 2:30 p.m. era claims in the 21st century. sion, focusing on the Administration’s Homeland Security and Governmental Af- SD–226 views on the implications for the fairs Armed Services United States. Oversight of Government Management, the Personnel Subcommittee SD–215 Federal Workforce, and the District of To hold hearings to examine Department Foreign Relations Columbia Subcommittee of Defense programs and policies to To hold hearings to examine implemen- To hold hearings to examine security support military families with special tation of the New Start Treaty, and re- clearance reform, focusing on sus- needs in review of the Defense Author- lated matters. taining progress for the future. ization request for fiscal year 2013 and SD–419 SD–342 the Future Years Defense Program. Health, Education, Labor, and Pensions Intelligence SR–232A To hold hearings to examine an update To hold closed hearings to examine cer- on Olmstead enforcement, focusing on tain intelligence matters. JUNE 21 using the Americans with Disabilities SH–219 Time to be announced Act (ADA) to promote community inte- Environment and Public Works gration. JUNE 27 Business meeting to consider H.R. 1160, SD–430 10 a.m. to require the Secretary of the Interior Homeland Security and Governmental Af- Veterans’ Affairs to convey the McKinney Lake National fairs To hold hearings to examine health and Fish Hatchery to the State of North To hold hearings to examine the nomina- benefits legislation. Carolina, S. 1324, to amend the Lacey tions of Katherine C. Tobin, of New SR–418 Act Amendments of 1981 to prohibit the York, and James C. Miller III, of Vir- 3 p.m. importation, exportation, transpor- ginia, both to be a Governor of the Energy and Natural Resources tation, and sale, receipt, acquisition, or United States Postal Service. National Parks Subcommittee purchase in interstate or foreign com- SD–342 To hold hearings to examine S. 1897, to merce, of any live animal of any pro- Judiciary amend Public Law 101–377 to revise the hibited wildlife species, S. 1201, to con- Business meeting to consider S. 250, to boundaries of the Gettysburg National serve fish and aquatic communities in protect crime victims’ rights, to elimi- Military Park to include the Gettys- the United States through partnerships nate the substantial backlog of DNA burg Train Station, S. 2158, to establish

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VerDate Mar 15 2010 02:51 Jun 19, 2012 Jkt 019060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\M18JN8.000 E18JNPT1 smartinez on DSK6TPTVN1PROD with REMARKS Monday, June 18, 2012 Daily Digest Senate ment No. 2445 (rural development); Cantwell Chamber Action Amendment No. 2370 (pulse pilot); Casey Amend- Routine Proceedings, pages S4223–S4251 ment No. 2238 (technical/study-federal milk mar- Measures Introduced: Six bills and one resolution keting); Coons Amendment No. 2426 (poultry in- were introduced, as follows: S. 3304–3309, and S. surance study); Feinstein Amendment No. 2422 Res. 495. Page S4238 (conservation innovation grants); Feinstein Amend- ment No. 2309 (insurance recall); Gillibrand Measures Passed: Amendment No. 2156 (SNAP); Hagan Amendment National Day of the American Cowboy: Com- No. 2366 (crop insurance-plain language); Kerry mittee on the Judiciary was discharged from further Amendment No. 2187 (commercial fishermen); Lan- consideration of S. Res. 470, designating July 28, drieu Amendment No. 2321 (rural development 2012, as ‘‘National Day of the American Cowboy’’, loans); Manchin Amendment No. 2345 (dietary and the resolution was then agreed to. Page S4250 study); Merkley Amendment No. 2382 (organic crop insurance); Schumer Amendment No. 2427 (acer); Polycystic Kidney Disease Awareness Week: Sen- Stabenow Amendment No. 2453 (NAP); Udall (CO) ate agreed to S. Res. 495, designating the period be- Amendment No. 2295 (bark beetle); Warner ginning on June 17, 2012, and ending on June 23, Amendment No. 2457 (rural broadband); Wyden 2012, as ‘‘Polycystic Kidney Disease Awareness Amendment No. 2442 (microloans); Wyden Amend- Week’’, and raising awareness and understanding of ment No. 2388 (farm to school); Leahy Amendment polycystic kidney disease and the impact such disease No. 2204 (rural development); Nelson (NE) Amend- has on patients. Page S4250 ment No. 2242 (rural housing); Klobuchar Amend- Measures Considered: ment No. 2299 (transportation study); Carper Flood Insurance Reform and Modernization Act: Amendment No. 2287 (poultry feed research); Sand- Senate began consideration of the motion to proceed ers Amendment No. 2254 (biomass); Thune Amend- to consideration of S. 1940, to amend the National ment No. 2437 (crop insurance); Durbin-Coburn Flood Insurance Act of 1968, to restore the financial Amendment No. 2439 (crop insurance); Snowe solvency of the flood insurance fund. Amendment No. 2190 (milk marketing order re- form); Ayotte Amendment No. 2192 (value added Pages S4223–26, S4230–36 grants); Collins Amendment No. 2444 (dairy); Agriculture Reform, Food, and Jobs Act— Grassley Amendment No. 2167 (pay cap marketing Agreement: A unanimous-consent-time agreement loans); Sessions Amendment No. 2174 (SNAP); Nel- was reached providing that when Senate resumes son (NE) Amendment No. 2243 (SNAP); Sessions consideration of S. 3240, to reauthorize agricultural Amendment No. 2172 (SNAP); Paul Amendment programs through 2017, the pending motion to re- No. 2181 ($250,000 income limit); Alexander commit be withdrawn; that Reid Amendment No. Amendment No. 2191 (wind loans); McCain 2390 (to Amendment No. 2389) be withdrawn; that Amendment No. 2199 (catfish); Toomey Amend- Reid (for Stabenow/Roberts) Amendment No. 2389 ment No. 2217 (organic/AMA); DeMint Amend- be agreed to; the bill, as amended, be considered ment No. 2263 (broadband funding); DeMint original text for the purposes of further amendment; Amendment No. 2262 (SoS Free MKT); DeMint that the following amendments and motions be the Amendment No. 2268 (Loan guarantees); DeMint only first-degree amendments and motions in order Amendment No. 2276 (checkoffs); DeMint Amend- to the bill: Akaka Amendment No. 2440 (highly ment No. 2273 (broadband); Coburn Amendment fractionated tribal lands); Akaka Amendment No. No. 2289 (MAP); Coburn Amendment No. 2293 2396 (tribal relations office); Baucus Amendment (Limit Millionaires); Kerry Amendment No. 2454 No. 2429 (livestock); Bingaman Amendment No. (North Korea); Kyl Amendment No. 2354 (North 2364 (multi-state aquifers); Brown (OH) Amend- Korea); Lee Amendment No. 2313 (Forest Legacy); D610

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Page S4251 McCain Amendment No. 2162 (Sequestration re- Portsmouth Naval Shipyard Fire—Agreement: A port—DoD); and Rubio Amendment No. 2166 unanimous-consent agreement was reached providing (RAISE Act); that at 2:15 p.m., on Tuesday, June that notwithstanding the adoption of S. Res. 488 19, 2012, Senate vote on or in relation to the and the preamble thereto, that Stabenow (for Snowe) amendments in the order listed alternating between Amendment No. 2458, to amend the preamble, be Republican and Democratic sponsored amendments; agreed to. Pages S4249–50 that there be no amendments or motions in order to the amendments prior to the votes other than mo- Messages from the President: Senate received the tions to waive points of order and motions to table; following messages from the President of the United that there be two minutes of debate equally divided States: in the usual form in between the votes and all after Transmitting, pursuant to law, a report of the the first vote be ten minute votes; that Toomey continuation of the national emergency that was de- Amendment No. 2247; Sanders Amendment No. clared in Executive Order 13159 of June 21, 2000, 2310; Coburn Amendment No. 2214; Boxer with respect to the risk of nuclear proliferation cre- Amendment No. 2456; Johanns Amendment No. ated by the accumulation of weapons-usable fissile 2372; Murray Amendment No. 2455; McCain material in the territory of the Russian Federation; Amendment No. 2162; and Rubio Amendment No. which was referred to the Committee on Banking, 2166 be subject to a 60 affirmative vote threshold; Housing, and Urban Affairs. (PM–51) Page S4238 that the clerks be authorized to modify the instruc- Transmitting, pursuant to law, a report on the tion lines on amendments so the page and line num- continuation of the national emergency that was bers match up correctly; that upon disposition of the originally declared in Executive Order 13466 of June amendments, the bill, as amended, be read a third 26, 2008, with respect to North Korea; which was time; that there be up to ten minutes equally di- referred to the Committee on Banking, Housing, vided in the usual form prior to a vote on passage and Urban Affairs. (PM–52) Page S4238 of the bill, as amended, if amended; and that the Nomination Confirmed: Senate confirmed the fol- vote on passage of the bill be subject to a 60 affirm- lowing nomination: ative vote threshold. Pages S4250–51 By 64 yeas to 27 nays (Vote No. EX. 122), Mary Boiler MACT/EPA—Agreement: A unanimous- Geiger Lewis, of South Carolina, to be United States consent-time agreement was reached providing that District Judge for the District of South Carolina. on Tuesday, June 19, 2012, at a time to be deter- Pages S4226–30 mined by the Majority Leader, after consultation Additional Cosponsors: Pages S4238–40 with the Republican Leader, the Republican Leader, Statements on Introduced Bills/Resolutions: or his designee, be recognized to move to proceed to Pages S4240–43 consideration of S.J. Res. 37, to disapprove a rule promulgated by the Administrator of the Environ- Additional Statements: Pages S4236–38 mental Protection Agency relating to emission Amendments Submitted: Pages S4243–49

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Notices of Hearings/Meetings: Page S4249 marks of the Acting Majority Leader in today’s Record Votes: One record vote was taken today. Record on page S4251.) (Total—122) Page S4230 Adjournment: Senate convened at 3 p.m. and ad- Committee Meetings journed at 9:05 p.m., until 10 a.m. on Tuesday, (Committees not listed did not meet) June 19, 2012. (For Senate’s program, see the re- No committee meetings were held. h House of Representatives ‘‘An Act to define the exterior boundary of the Chamber Action Uintah and Ouray Indian Reservation in the State of Public Bills and Resolutions Introduced: 7 public Utah, and for other purposes’’; Pages H3712–13 bills, H.R. 5952–5958; and 3 resolutions, H.J. Res. Providing for the conveyance of certain parcels of 111–112; and H. Res. 689 were introduced. land to the town of Alta, Utah: S. 684, to provide Pages H3732–33 for the conveyance of certain parcels of land to the Additional Cosponsors: Pages H3733–34 town of Alta, Utah, by a 2⁄3 yea-and-nay vote of 383 Reports Filed: Reports were filed today as follows: yeas to 3 nays, Roll No. 379; Pages H3714, H3721–22 H.R. 3668, to prevent trafficking in counterfeit Modifying a land grant patent issued by the drugs, with an amendment (H. Rept. 112–537); Secretary of the Interior: S. 404, to modify a land H.R. 3100, to authorize the Secretary of the Inte- grant patent issued by the Secretary of the Interior, rior to expand the boundary of the San Antonio Mis- by a 2⁄3 yea-and-nay vote of 380 yeas with none vot- sions National Historical Park, to conduct a study of ing ‘‘nay’’, Roll No. 380; Pages H3713–14, H3722–23 potential land acquisitions, and for other purposes, East Bench Irrigation District Water Contract with an amendment (H. Rept. 112–538); and Extension Act: S. 997, to authorize the Secretary of H. Res. 688, providing for consideration of the the Interior to extend a water contract between the bill (H.R. 2578) to amend the Wild and Scenic Riv- United States and the East Bench Irrigation District; ers Act related to a segment of the Lower Merced Page H3715 River in California, and for other purposes (H. Rept. Expressing the regret of the House of Represent- 112–539). Page H3732 atives for the passage of laws that adversely af- Speaker: Read a letter from the Speaker wherein he fected the Chinese in the United States: H. Res. appointed Representative LaTourette to act as Speak- 683, to express the regret of the House of Represent- er pro tempore for today. Page H3709 atives for the passage of laws that adversely affected Recess: The House recessed at 2:12 p.m. and recon- the Chinese in the United States, including the Chi- Pages H3715–19 vened at 4:01 p.m. Page H3711 nese Exclusion Act; Suspensions: The House agreed to suspend the rules Counterfeit Drug Penalty Enhancement Act: and pass the following measures: H.R. 3668, amended, to prevent trafficking in coun- terfeit drugs; and Pages H3719–21 Amending the Omnibus Indian Advancement Act to allow certain land to be used to generate in- Minnesota Chippewa Tribe Judgment Fund come to provide funding for academic programs: Distribution Act of 2012: H.R. 1272, amended, to H.R. 1556, to amend the Omnibus Indian Advance- provide for the use and distribution of the funds ment Act to allow certain land to be used to gen- awarded to the Minnesota Chippewa Tribe, et al, by erate income to provide funding for academic pro- the United States Court of Federal Claims in Docket Pages H3723–25 grams; Pages H3711–12 Numbers 19 and 188. Clarifying authority granted under the Act en- Recess: The House recessed at 5:10 p.m. and recon- titled ‘‘An Act to define the exterior boundary of vened at 6:30 p.m. Page H3721 the Uintah and Ouray Indian Reservation in the Motion to Instruct Conferees: Representative Walz State of Utah, and for other purposes’’: H.R. 4027, (MN) announced his intent to offer a motion to in- to clarify authority granted under the Act entitled struct conferees on H.R. 4348. Page H3723

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Finally, the rule provides one motion to Presidential Messages: Read a message from the recommit with or without instructions. Testimony President wherein he notified Congress that the na- was heard from Chairman Hastings (WA), Rep- tional emergency declared with respect to the exist- resentatives Markey, Bishop (UT), Grijalva, and ence and risk of proliferation of weapons-usable King (IA). fissile material on the Korean Peninsula is to con- tinue in effect beyond June 26, 2012—referred to the Committee on Foreign Affairs and ordered to be Joint Meetings printed (H. Doc. 112–113). Page H3721 No joint committee meetings were held. Read a message from the President wherein he no- f tified Congress that the national emergency declared COMMITTEE MEETINGS FOR TUESDAY, with respect to the risk of nuclear proliferation cre- JUNE 19, 2012 ated by the accumulation of a large volume of weap- ons-usable fissile material in the territory of the Rus- (Committee meetings are open unless otherwise indicated) sian Federation is to continue beyond June 21, Senate 2012—referred to the Committee on Foreign Affairs Committee on Armed Services: business meeting to con- and ordered to be printed (H. Doc. 112–114). sider pending nominations, 10 a.m., SR–222. Page H3721 Committee on Energy and Natural Resources: to hold hear- Senate Message: Message received from the Senate ings to examine the potential for induced seismicity from by the Clerk and subsequently presented to the energy technologies, including carbon capture and stor- House today appears on pages H3710–11. age, enhance geothermal systems, production from gas shales, and enhanced oil recovery, 10 a.m., SD–366. Quorum Calls—Votes: Two yea-and-nay votes de- Committee on Environment and Public Works: Sub- veloped during the proceedings of today and appear committee on Clean Air and Nuclear Safety, to hold hear- on pages H3721–22, H3722–23. There were no ings to examine a review of recent Environmental Protec- quorum calls. tion Agency’s air standards for hydraulically fractured Adjournment: The House met at 2 p.m. and ad- natural gas wells and oil and natural gas storage, 10 a.m., SD–406. journed at 8:15 p.m. Committee on Finance: to hold hearings to examine con- fronting the looming fiscal crisis, 10 a.m., SD–215. Committee Meetings Committee on Foreign Relations: business meeting to con- Committee on Rules: Full Committee held a hearing on sider S. 641, to provide 100,000,000 people with first- H.R. 2578 to amend the Wild and Scenic Rivers time access to safe drinking water and sanitation on a sustainable basis within six years by improving the capac- Act related to a segment of the Lower Merced River ity of the United States Government to fully implement in California, and for other purposes. The Committee the Senator Paul Simon Water for the Poor Act of 2005, granted, by a record vote, a structured rule pro- S. 1039, to impose sanctions on persons responsible for viding 90 minutes of general debate equally divided the detention, abuse, or death of Sergei Magnitsky, for and controlled by the chair and ranking minority the conspiracy to defraud the Russian Federation of taxes member of the Committee on Natural Resources. on corporate profits through fraudulent transactions and The rule waives all points of order against consider- lawsuits against Hermitage, and for other gross violations ation of the bill. The rule makes in order as original of human rights in the Russian Federation, S. 2165, to text for purpose of amendment the amendment in enhance strategic cooperation between the United States the nature of a substitute consisting of the text of and Israel, H.R. 4240, to reauthorize the North Korean Rules Committee Print 112–25 and provides that it Human Rights Act of 2004, S. Res. 402, condemning Jo- seph Kony and the Lord’s Resistance Army for commit- shall be considered as read. The rule waives all ting crimes against humanity and mass atrocities, and points of order against the amendment in the nature supporting ongoing efforts by the United States Govern- of a substitute. The rule makes in order only those ment and governments in central Africa to remove Joseph amendments printed in the Rules Committee report. Kony and Lord’s Resistance Army commanders from the Each such amendment may be offered only in the battlefield, S. Res. 429, supporting the goals and ideals order printed in the report, may be offered only by of World Malaria Day, S. Res. 473, commending Rotary

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International and others for their efforts to prevent and 5865, the ‘‘American Manufacturing Competitiveness Act eradicate polio, S. Res. 385, condemning the Government of 2012’’; H.R. 4273, the ‘‘Resolving Environmental and of Iran for its continued persecution, imprisonment, and Grid Reliability Conflicts Act of 2012’’; H.R. 5892, the sentencing of Youcef Nadarkhani on the charge of apos- ‘‘Hydropower Regulatory Efficiency Act of 2012’’; H. tasy, and the nominations of Piper Anne Wind Campbell, Con. Res. 127, providing for the acceptance of a statue of the District of Columbia, to be Ambassador to Mon- of Gerald R. Ford from the people of Michigan for place- golia, Peter William Bodde, of Maryland, to be Ambas- ment in the United States Capitol; and Semi-Annual sador to the Federal Democratic Republic of Nepal, Dor- Committee Activity Report, 4 p.m., 2123 Rayburn. othea-Maria Rosen, of California, to be Ambassador to the Committee on Financial Services, Full Committee, hearing Federated States of Micronesia, Edward M. Alford, of Vir- entitled ‘‘Examining Bank Supervision and Risk Manage- ginia, to be Ambassador to the Republic of The Gambia, ment in Light of JPMorgan Chase’s Trading Loss,’’ 9:30 Mark L. Asquino, of the District of Columbia, to be Am- a.m., 2128 Rayburn. bassador to the Republic of Equatorial Guinea, Douglas Committee on Homeland Security, Subcommittee on Bor- M. Griffiths, of Texas, to be Ambassador to the Republic der and Maritime Security, hearing ‘‘Border Security of Mozambique, Michele Jeanne Sison, of Maryland, to be Threats to the Homeland: DHS’ Response to Innovative Ambassador to the Democratic Socialist Republic of Sri Tactics and Techniques,’’ 10 a.m., 311 Cannon. Lanka, and to serve concurrently and without additional Subcommittee on Transportation Security, hearing en- compensation as Ambassador to the Republic of Maldives, titled ‘‘Is TSA’s Planned Purchase of CAT/BPSS a Wise Brett H. McGurk, of Connecticut, to be Ambassador to Use of Taxpayer Dollars?,’’ 1:30 p.m., 311 Cannon. the Republic of Iraq, Susan Marsh Elliott, of Florida, to Committee on the Judiciary, Subcommittee on Intellectual be Ambassador to the Republic of Tajikistan, Richard L. Property, Competition and the Internet, hearing entitled Morningstar, of Massachusetts, to be Ambassador to the ‘‘New Technologies and Innovations in the Mobile and Republic of Azerbaijan, Timothy M. Broas, of Maryland, Online space, and the Implications for Public Policy,’’ 10 to be Ambassador to the Kingdom of the Netherlands, a.m., 2141 Rayburn. Jay Nicholas Anania, of Maryland, to be Ambassador to Full Committee, mark up of H.R. 5949, the ‘‘FISA the Republic of Suriname, all of the Department of State, Amendments Act Reauthorization Act of 2012,’’ 1 p.m., and lists in the Foreign Service, 2:15 p.m., S–116, Cap- 2141 Rayburn. itol. Committee on Health, Education, Labor, and Pensions: to Committee on Natural Resources, Full Committee hearing hold hearings to examine Title IX, focusing on forty entitled ‘‘Taxpayer-Funded Litigation: Benefitting Law- years and counting, 10 a.m., SD–430. yers and Harming Species, Jobs and Schools,’’ 10 a.m., Committee on the Judiciary: Subcommittee on the Con- 1324 Longworth. stitution, Civil Rights and Human Rights, to hold hear- Subcommittee on Fisheries, Wildlife, Oceans and Insu- ings to examine reassessing solitary confinement, focusing lar Affairs, hearing entitled H.R. 2706, the ‘‘Billfish Con- on the human rights, fiscal and public safety con- servation Act of 2011’’; H.R. 3472, the ‘‘Pirate Fishing sequences, 10 a.m., SD–226. Vessel Disposal Act of 2011’’; and H.R. 4100, the ‘‘Ille- Select Committee on Intelligence: to hold closed hearings to gal, Unreported, and Unregulated Fishing Enforcement examine certain intelligence matters, 2:30 p.m., SH–219. Act of 2011,’’ 2 p.m., 1324 Longworth. United States Senate Caucus on International Narcotics Con- Committee on Oversight and Government Reform, Sub- trol: to receive a briefing on treating substance abuse dis- committee on Regulatory Affairs, Stimulus Oversight and order and expanding access to and resources for commu- Government Spending, hearing entitled ‘‘The Obama Ad- nity-based treatment providers in the United States, 2 ministration’s Green Energy Gamble Part II: Were All p.m., SD–562. the Taxpayer Subsidies Necessary?,’’ 10 a.m., 2154 Ray- burn. House Committee on Rules, Full Committee, hearing on H.R. Committee on Appropriations, Full Committee, markup of 4480, the ‘‘Strategic Energy Production Act of 2012,’’ 3 Agriculture Appropriations Bill, FY 2013; and the Trans- p.m., H–313 Capitol. portation, Housing, and Urban Development Appropria- Committee on Science, Space, and Technology, Subcommittee tions Bill, FY 2013; 10:15 a.m., 2359 Rayburn. on Technology and Innovation, hearing entitled ‘‘Best Committee on the Budget, Full Committee, markup of Ac- Practices in Transforming Research into Innovation: Cre- tivities and Summary Report of the Committee on the ative Approaches to the Bayh-Dole Act,’’ 10 a.m., 2318 Budget, 11:30 a.m., 210 Cannon. Rayburn. Committee on Energy and Commerce, Subcommittee on En- Subcommittee on Investigation and Oversight, hearing ergy and Power, hearing entitled ‘‘The American Energy entitled ‘‘The Science of How Hunting Assists Species Initiative,’’ 10 a.m., 2123 Rayburn. Conservation and Management,’’ 2 p.m., 2318 Rayburn. Subcommittee on Oversight and Investigations, hearing Committee on Veterans’ Affairs, Full Committee, hearing entitled ‘‘The Federal Green Jobs Agenda,’’ 10:15 a.m., entitled ‘‘Reclaiming the Process: Examining the VBA 2322 Rayburn. Claims Transformation Plan as a Means to Effectively Full Committee, begin markup of H.R. 5859, to repeal Serve our Veterans’’; and Approval of the Activities Re- an obsolete provision in title 49, United States Code, re- port for the Committee on Veterans’ Affairs, 10:30 a.m., quiring motor vehicle insurance cost reporting; H.R. 334 Cannon.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, June 19 10 a.m., Tuesday, June 19

Senate Chamber House Chamber Program for Tuesday: The Majority Leader will be rec- Program for Tuesday: Consideration of H.R. 2578— ognized. Senate will resume consideration of S. 3240, Ag- Amending the Wild and Scenic Rivers Act related to a riculture Reform, Food, and Jobs Act, with several roll segment of the Lower Merced River in California (Subject call votes on or in relation to amendments to the bill be- to a Rule). ginning at 2:15 p.m. Also, Senate will begin consideration of the motion to proceed to consideration of S.J. Res. 37, Boiler MACT/ EPA. (Senate will recess from 12:30 p.m. until 2:15 p.m. for their respective party conferences.)

Extensions of Remarks, as inserted in this issue

HOUSE Fitzpatrick, Michael G., Pa., E1058 Miller, Jeff, Fla., E1060, E1061 Graves, Sam, Mo., E1051, E1053, E1053, E1054, E1054, Myrick, Sue Wilkins, N.C., E1055 Andrews, Robert E., N.J., E1053, E1056 E1055, E1056, E1057 Pallone, Frank, Jr., N.J., E1052, E1055 Bishop, Timothy H., N.Y., E1062 Guinta, Frank C., N.H., E1052, E1054, E1059 Rahall, Nick J., II, W.Va., E1061 Brady, Kevin, Tex., E1056 Johnson, Eddie Bernice, Tex., E1052, E1060, E1060, Reichert, David G., Wash., E1053 Braley, Bruce L., Iowa, E1059 E1063 Butterfield, G.K., N.C., E1054, E1057 Lipinski, Daniel, Ill., E1058 Rogers, Mike, Ala., E1055 Cardoza, Dennis A., Calif., E1051 Lofgren, Zoe, Calif., E1051 Sanchez, Loretta, Calif., E1052 Carnahan, Russ, Mo., E1053 McIntyre, Mike, N.C., E1060, E1061, E1061, E1062, Van Hollen, Chris, Md., E1051 Coffman, Mike, Colo., E1054 E1063 Walberg, Tim, Mich., E1056 DeLauro, Rosa L., Conn., E1054, E1057 McKeon, Howard P. ‘‘Buck’’, Calif., E1058 Wilson, Joe, S.C., E1062 Fattah, Chaka, Pa., E1059 Manzullo, Donald A., Ill., E1062

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