SENATE—Wednesday, May 4, 2011

6552 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 SENATE—Wednesday, May 4, 2011

The Senate met at 10 a.m. and was morning business for debate only until States in the region that have been af- called to order by the Honorable 12 p.m. with Senators permitted to fected by this terrible flooding. In KIRSTEN E. GILLIBRAND, a Senator from speak therein for up to 10 minutes many cases this flooding is, unfortu- the State of New York. each, with the first hour equally di- nately, going to be there for some vided and controlled between the two time. PRAYER leaders or their designees, with the ma- One of the properties I showed was in The Chaplain, Dr. Barry C. Black, of- jority controlling the first 30 minutes Cairo, IL. The water is already waist fered the following prayer: and the Republicans controlling the high and will continue to rise. It can be Let us pray. next 30 minutes. weeks before people can return home to Eternal Lord God, the Father of mer- The ACTING PRESIDENT pro tem- see what, if anything, they can salvage. cies, show mercy to our Nation and the pore. The Senator from Illinois. Late Monday night, the Army Corps world. In Your mercy, give our Sen- f of Engineers made a very difficult deci- ators a discerning spirit so that they SCHEDULE sion. They blew a hole in a levee on the Missouri side of the Mississippi River will understand our times and know ex- Mr. DURBIN. Madam President, the actly what they should do. Lord, in- near Cairo, IL, to relieve pressure on filing deadline for all second-degree the levee and on other levees along the struct them in knowledge that trans- amendments to S. 493, the small busi- forms, enabling them to guide others Ohio and Mississippi Rivers. That deci- ness jobs bill, is at 11 a.m. There will sion will flood farmland, and that through exemplary living. Provide for be up to two rollcall votes at noon. The their needs, lighten their burdens, and flooding will relieve some of the pres- first rollcall vote will be on the motion sure on the towns and communities, fill them with Your joy. Refresh them to invoke cloture on S. 493, the small with Your presence as You equip them the families and homes which have business jobs bill. If cloture is not in- been threatened by these rising river to serve You and humanity. voked on the bill, the Senate will im- We pray in Your holy Name. Amen. waters. mediately proceed to a second vote on The decision to disable the levee at f the motion to invoke cloture on the Birds Point in Missouri, as difficult as nomination of John McConnell to be PLEDGE OF ALLEGIANCE it was, may have saved the lives of U.S. District Judge for the District of some of the nearly 3,000 people in The Honorable KIRSTEN E. GILLI- Rhode Island. Cairo, IL, and surrounding commu- BRAND led the Pledge of Allegiance, as f follows: nities. There are early indications that MIDWEST FLOODING the Army Corps plan is starting to I pledge allegiance to the Flag of the work. The Ohio River has already United States of America, and to the Repub- Mr. DURBIN. Madam President, hun- 1 lic for which it stands, one nation under God, dreds of local first responders, 500 Na- dropped 1 ⁄2 feet at Cairo since 10 indivisible, with liberty and justice for all. tional Guardsmen, and hundreds of vol- o’clock Monday night. Engineers estimate the water level may go down as f unteers in southern Illinois are working around the clock to try to protect much as 7 feet as a result of the release APPOINTMENT OF ACTING homes and communities from the ris- of water at Birds Point. PRESIDENT PRO TEMPORE ing waters of the Ohio River and other I want to make it clear to the people The PRESIDING OFFICER. The rivers in the region. of Missouri, to my colleagues from clerk will please read a communication I have a photo that shows the devas- Missouri, that I will stand with them to the Senate from the President pro tation, which I witnessed personally to make certain there is compensation given to those farmers and homeowners tempore (Mr. INOUYE.) last Friday. This is an area of southern The legislative clerk read the fol- Illinois, one that has been hard pressed who were affected by this decision to lowing letter: economically, has been struggling, and open this levee. Their misfortune is going to spare literally thousands of U.S. SENATE, now is inundated with flooding. homes and businesses from the inunda- PRESIDENT PRO TEMPORE, A few days ago when I visited Olive Washington, DC, May 4, 2011. Branch and Cairo, IL, near the south- tion of these floodwaters, and we To the Senate: ern tip of the State, I saw this flooding should stand with them just as if they Under the provisions of rule I, paragraph 3, firsthand. Homes, barns, and roads were the victims of the original flood- of the Standing Rules of the Senate, I hereby were covered by floodwater. Voluntary ing. appoint the Honorable KIRSTEN E. GILLI- evacuations have been called for in a I am thankful for the good news that BRAND, a Senator from the State of New dozen Illinois towns, and people are the river levels are coming down, but York, to perform the duties of the Chair. scrambling to find a place to stay with the flooding is far from over. Water DANIEL K. INOUYE, continues to rise and overtop levees President pro tempore. friends and family and shelters to wait throughout the southern part of my Mrs. GILLIBRAND thereupon as- out the flood. They worry about what will happen, State. My heart goes out to the men sumed the chair as Acting President when they will get back in their and women piling sandbags, to the Na- pro tempore. homes, and when the kids will get back tional Guard—God love them; every f to school. time we have an emergency in our State, they are there working night RESERVATION OF LEADER TIME This is another photo which demonstrates the kind of floodwaters that and day—also to the men and women of The ACTING PRESIDENT pro tem- people are struggling with in my part the Army Corps of Engineers, the Illi- pore. Under the previous order, the of the world in southern Illinois. My nois Department of Natural Resources, leadership time is reserved. colleague, Senator KIRK, was in south- the Illinois Emergency Management f ern Illinois over the last couple of days Agency, and all of the agencies—Fed- and has witnessed this firsthand as eral, State and local—that are pitching MORNING BUSINESS well. in. The ACTING PRESIDENT pro tem- We are both prepared to do whatever I stand ready with Senator KIRK to pore. The Senate will be in a period of we can to help our State and all of the help in any way we can in Illinois and

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

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The Republican leader is recog- best opportunity we have to avoid this the debt ceiling than in using this de- nized. crisis before it strikes. bate as an opportunity to prevent this f This is the moment to get serious most predictable crisis will answer for about preventing this approaching cri- it. The American people will make sure DEBT LIMIT sis and to show the world that we can of it. Mr. MCCONNELL. Madam President, come together, not for the sake of Some may continue to deny that we although lawmakers returned to Wash- party but for all Americans. need to do something about the debt; ington this week amidst news of a sig- The world is waiting for America to that the only thing we need to do is nal achievement in the war on terror, get its fiscal house in order. The fact raise the debt limit and leave it at we also return to many critical debates that members of both major parties are that. They want people to think this is about the situation here at home. now showing a willingness to do it is all just some political exercise, and Gas prices are straining budgets and an encouraging sign. that we all just vote according to the threatening to stall the economic re- But if we are actually going to do President’s political affiliation any- bound we have all been waiting for. this, more Democrats in Washington way. Those days are over. Anyone who Millions of men and women across the have to acknowledge the problem, and continues to pretend otherwise is not country still can not find a job. the urgency of addressing it now, in a just deluding themselves. They are de- And the two major parties have now serious way. luding the American people. presented competing visions of our eco- I realize that for some people that is There isn’t a single one of us who has nomic future. a difficult thing to do. We are all grate- Republicans have shown that we are not vowed to do everything in our ful to the President’s decisiveness over power to prevent the next crisis from committed to creating an environment the weekend in going after Osama bin in which the private sector can flourish happening. Now we know for certain— Laden. He is to be congratulated for it. absolutely certain—it is on the way— and create jobs, the jobs Americans Yet over the past 2 years, we have had need. As part of that effort, we out- unless we act to prevent it. Raising the many crises. And all too often, it debt limit alone will not prevent this lined a comprehensive jobs agenda yes- seemed the hardest decision for the terday. crisis; it simply avoids it. President was not whether to solve That is why the only way we can And today we will oppose pre- these crises but whether or not to give claim we have actually done something maturely ending debate on the small a speech about them. meaningful in this debate is to insist business bill. The other side has re- Last year, we waited for weeks to on meaningful reforms as the price of fused to allow votes on some of the hear the President’s position on one of our vote. Yes, we have had clean debt best ideas Republicans have offered for the biggest ecological disasters in his- ceiling votes before. That was before creating jobs as a part of this legisla- tory. And throughout this past winter S&P gave us a negative outlook for the tion, including an important amend- and spring, we waited to hear what he first time ever and told us we risk a ment by the ranking member of the thought about a debt that had spiraled downgrade unless we get our fiscal Small Business Committee, Senator so out of control that America’s eco- house in order. That was before the SNOWE. And we intend to oppose their nomic outlook has been downgraded to world’s largest private holder of U.S. efforts to short circuit this debate ‘‘negative’’ for the first time ever. Treasurys dumped its share of U.S. until they do. We can not wait for the President on debt. That was before a commission Republicans are also committed to this one. that has spent a year studying this stopping the administration’s inexcus- The consequences of sweeping our issue told us we are headed for ruin unable war on American energy at a time problems under the rug again are just less we act to prevent it. That was be- of near-record gas prices. And we are too great. fore this administration added trillions committed to repealing the Democrat So let me be clear: As even some to the debt and submitted a budget health care bill that is already raising Democrats have conceded, a failure to plan this year that called for another costs and destroying jobs. do anything meaningful about the debt $13 trillion in debt over the next 10 But hovering above all of this is a would be far more harmful to our eco- years alone. growing fear about our Nation’s debt. nomic future than a failure to raise the The crisis is here. The time to act is The administration knows this. That debt limit. now. is the reason for tomorrow’s debt meet- The warnings are simply too loud to We hear a lot from administration of- ing at the White House. ignore. ficials about what a catastrophe it So this morning I would like to start In early 2008 most of us had no idea would be if we didn’t raise the debt there, because anyone who has felt we were headed for a financial crisis. ceiling, and there may very well be even the slightest twinge of pain from Only a few prophetic voices were say- some merit to that argument. But the recession has a vested interest in ing anything about the dangers in the what good would it do to raise the this debate. housing market. limit and wait for the disaster to Here is why: if we do not act to re- Over the past few years, we have seen strike? We might as well tell people to duce our debt, this country could very the painful consequences of that crisis: move to the second floor in case of a well experience a crisis that makes the unemployment lines, lost savings, mil- fire on the first floor. economic meltdown of 2008 look like a lions of homes foreclosed. My constituents do not have the jobs slow day on Wall Street. Despite this largely unforeseen eco- to lose. Kentucky doesn’t have the That is not my conclusion. nomic catastrophe, the American peo- wealth to give away. We have seen the That is the conclusion of the Demo- ple have dug in. They have worked consequences of a recession we did not crat cochair of President Obama’s own harder. They have tried to drag the predict. There is no excuse not to do debt commission, a man who has spent country back to fiscal health. everything in our power to prevent one the last year looking at this issue from It has not been easy, but they have we know is coming. every conceivable angle and who is now struggled every day to get us back on So let me suggest a way forward in telling anybody who will listen that our feet. this debate.

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No. 1, pitting one group of Americans NOMINATION OF JOHN MCCONNELL practice, the paper wrote not one but against another isn’t going to solve the Mr. WHITEHOUSE. Madam Presi- two separate editorials supporting his problem. In fact, it is part of the prob- dent, I rise to speak in support of the nomination. The paper opined, for ex- lem. We all know it is going to take all nomination of John McConnell to be a ample: of us working together to get out of U.S. district judge in my home State of Jack McConnell, in his legal work and this crisis, so why don’t we start acting Rhode Island. I had the occasion yes- community leadership, has shown that he has the legal intelligence, character, com- like it? terday to be on the floor and to asso- No. 2, there are not enough taxes passion, and independence to be a distin- ciate myself with the remarks of my guished jurist. Americans, rich or poor, can pay to senior Senator, JACK REED, but I wish sustain the kind of spending Democrats The Providence Chamber of Com- to add some remarks of my own regard- merce has weighed in to praise him as in Washington want. The President ing how worthy an addition to the Fed- may say he wants to tax the rich, but a ‘‘well-respected member of the local eral bench Jack McConnell will be and community.’’ Jack certainly has richly sooner or later he is going to have to to urge my colleagues to support his tax everyone else to pay for his plans. deserved that title with all his various nomination and, in particular, to sup- community service throughout the What is more, we all know raising port an up-or-down vote on his nomina- taxes would stall the rebound we all years, whether for Crossroads Rhode Is- tion. land, the State’s largest homeless cen- claim we want. So let’s admit we do The McConnell nomination has been not have a revenue problem; we have a ter, Providence’s Trinity Repertory reported on three separate occasions by Theater, the Providence Tourism Coun- spending problem. the Senate Judiciary Committee, each No. 3, we all know entitlements need cil or other organizations. time with a bipartisan vote. This bipar- In sum, those who know Jack McCon- to be part of this discussion. It is about tisan backing is not a surprise, given nell as a lawyer and as a person recog- time everyone starts acknowledging it. the broad support his nomination has nize that he will be a great district I have seen the ads about lawmakers found across the political spectrum in court judge, with a proper under- voting to end Medicare. Let’s be honest my home State of Rhode Island. I will standing of the limited judicial role. A and admit nobody is talking about tak- not read all the quotes of support from native Rhode Islander and a graduate ing anybody’s Medicare. Frankly, it is prominent Republicans back home, but of Brown University, McConnell will pathetic to claim otherwise, and it let me just touch on a few. make his State proud in his service on only makes the problems harder to Republican former Chief Justice Jo- the Federal bench, particularly at a solve. seph R. Weisberger, an extraordinarily time when our court is straining under No. 4, let’s discuss the art of the pos- respected jurist of our State’s supreme the workload caused by the vacancy he sible. We all know tax increases would court, stated, for example, that McCon- would fill. not pass the House because of the dam- nell: Unfortunately, out-of-State interest age they do to family budgets and busi- . . . would be superbly qualified to preside as groups have politicized the McConnell nesses, and a bipartisan majority in a Federal judge over the most challenging nomination. I am not going to spend the Senate opposes raising taxes on and complex cases. He is a man of keen intel- time now rebutting every argument families, on energy production, and ligence and impeccable integrity. He would these special interests and their well- small businesses across America. So be a splendid addition to the distinguished paid lawyers have concocted to attack let’s set that aside and find common bench of the United States District Court of Rhode Island. this nomination. Suffice it to say that ground. Jack McConnell has answered all the Republican former attorney general Everyone has a stake in this debate. questions posed to him by this body, of Rhode Island Jeffrey Pine provides If we face up to it as adults, we will not leaving no doubt about his legal skill equally glowing reviews: only prevent a crisis, we will preserve or his integrity. our common way of life, and we will Throughout his career, Jack has dem- I will briefly make two points, how- show the world the United States can onstrated the kind of legal ability, integrity, ever. solve its problems head on. Millions of dedication to his client, and willingness to fight hard for the cause of justice that No. 1, yes, Jack McConnell brought Americans are looking for work and makes him a truly outstanding candidate for lawsuits against powerful industries, struggling every day to rebuild their the Federal judiciary. . . . In my opinion, he including tobacco, asbestos, and lead lives. Families and small businesses would bring the kind of experience to the paint. There is nothing wrong with are being squeezed by gas prices and an Federal bench that would make him an out- that. There is no dishonor in rep- administration that refuses to do any- standing judge presiding at trials, and a fair resenting poisoned kids, lung cancer thing about it. and impartial arbiter for those who come be- patients or the bereaved widow of a We will have debates about this in fore him. mesothelioma victim. It should not the days ahead, and Republicans will I would add that Attorney General disqualify MCCONNELL or anyone from continue to make the case for tapping Pines’ Republican predecessor as attor- confirmation. The most important our own energy resources. We will ney general, Arlene Violet, has been measures of a judicial nominee are make the case against new taxes and equally complimentary. legal expertise, strong character, and a regulations and a health care law that John Harpootian, the former Repub- proper understanding of the judicial is stifling jobs and creating new bur- lican Party vice-chair, has added: role, and those are qualities that Jack dens. But all these efforts rise or fall One of the greatest characteristics that I McConnell possesses in abundance. on whether we do something about our admire about Jack so much is that, despite Yes, Jack McConnell has been active debt. political differences of opinion, he never al- in politics, much like he has been ac- It is time to show we can tackle the lowed those differences to become personal tive in many other aspects of Rhode Is- or to cloud his judgment. As a result, we land public life. The question, however, big stuff. The stakes are too high to let have always enjoyed spirited conversation this debate come and go without act- regarding political issues, but have remained is not whether he has been politically ing. Denying the problem will not solve great friends. These characteristics lead me engaged in the past but, rather, wheth- it. Avoiding the problem until the next to unqualifiedly support Jack’s confirmation er he will put aside his political advo- election will not solve it. Giving to the United States District Court for cacy when he goes on the bench. I speeches about the problem will not Rhode Island. know he will. My senior Senator, JACK solve it. The time has come to act. There has been similar support be- REED, knows he will. Mr. McConnell The ACTING PRESIDENT pro tem- yond the Republican Party from the testified before the committee that he pore. The Senator from Rhode Island. editorial board of our State’s leading would. Consider what Judge Bruce Mr. WHITEHOUSE. Madam Presi- newspaper, The Providence Journal, Selya of the First Circuit Court of Ap- dent, are we in morning business? owned by the Alexis Belo Corporation. peals, a Republican appointee, said The ACTING PRESIDENT pro tem- Despite disagreeing with McConnell on when interviewed by The Providence pore. Morning business. major litigation he brought in private Journal:

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6555 It would be a terrible rule to say can- area and, at a minimum, to grant him worked hard for everything he has ac- didates should be excluded if they donate to the up-or-down vote that is Senate tra- complished in his life. Through his their political parties in a perfectly legal dition for district court nominees hours of not just legal work but pro fashion. backed by both home State Senators bono work and volunteer work, he has The paper continued, describing the who have emerged, in this case in a bi- contributed more to the community interview with Judge Selya: partisan fashion, from the Judiciary than anyone I can think of in my home Selya said that when Senators weigh the Committee with clearance from the State of Rhode Island. And he has done credentials of political contributors who are ABA and the FBI. Jack has proven it without fanfare. He has done it with- nominated to the Federal bench, the proper question is not how much money did they himself to be an excellent lawyer and out self-promotion. give, but rather, can they make the transi- public-minded citizen of the highest in- He was raised by his late father, who tion from partisans to impartial jurists. The tegrity and he will be a great district served in Korea with the U.S. Marine judge said he believes McConnell can do court judge. Corps and continued to serve in the that. I thank the Acting President pro Marine Corps Reserve. His mother Jane Judge Selya is not only a leading Re- tempore and yield the floor. was a teacher. They demonstrated to publican jurist in Rhode Island, he is The ACTING PRESIDENT pro tem- him the values of hard work and integ- also a man of impeccable integrity, and pore. The Senator from Rhode Island. rity and decency and honesty that have his vouching for Jack McConnell is en- Mr. REED. Madam President, I rise been the hallmark of his efforts and ca- titled to considerable weight among all to join my colleague, Senator WHITE- reer. those who know Judge Selya. HOUSE, in strongly supporting the nom- While he was also juggling a very de- We must not disqualify talented and ination of Jack McConnell to be a manding legal career and a family and successful advocates merely because of United States district court judge for children, he took the time, early every their prior political or legal advocacy. the District of Rhode Island. Indeed, as Monday morning, to go to Amos House, Some of my Republican colleagues may my colleague indicated, there is a big which is a soup kitchen in Providence. not like the suits McConnell chose to issue here beyond Mr. McConnell; It is where the poorest of the poor go bring. I do not share that view, but fair which is whether we are going to insti- simply to get some food for the day. He enough. We should remember, however, tute a new threshold of cloture, which would quietly and anonymously serve that lawyers we disagree with can could be routinely applied to all dis- breakfast, without publicity, without make the transition from advocate to trict court judge nominees. As my col- fanfare, because he saw this as being arbiter. Lawyers nominated by Repub- league indicated, this is an extraor- part of the community—someone re- lican Presidents who defended corpora- dinary departure from the history of sponsible not just for personal success, tions all their private practices simply this Senate going back decades. but for contributing back because he do not have a monopoly over the prop- We have long adhered to the tradi- has been fortunate in his life. er judicial mindset. tion that local Senators and the local He was a Big Brother to a young man Let me make a last point before I legal community and the local civic in the west end of Providence, a poor close. The tradition of this body has community are the best judges for a neighborhood. He has taught first com- been to give up-or-down votes to dis- potential nominee, subject, obviously, munion classes in his parish for years. trict court nominations reported favor- to the President’s action and, quite im- He has been a volunteer attorney at ably by the Judiciary Committee and portantly, to the review by the Amer- homeless legal clinics in Providence who have the support of both home ican Bar Association and, quite impor- and Pawtucket—two of our central cit- State Senators. That is an important tantly, the background checks of the ies. He has served on numerous tradition in this body. Cloture has not FBI, and, quite importantly and very, boards—Crossroads Rhode Island, the historically been required. The Con- very importantly, to the deliberations biggest and largest homeless service in gressional Research Service reports of the Judiciary Committee here in the the State of Rhode Island. He has been that from 1949 to 2009—over six dec- Senate. This has been the process for there working hard, tirelessly. He has ades—only three cloture motions were both Republicans and Democrats. It chaired the Providence Tourism Coun- ever made on district court nomina- has extended over decades, and it is cil, which has worked with the Greater tions and, in each case, each nomina- something I hope we can respect today Providence Chamber of Commerce to tion ultimately was confirmed without through our deliberations and the con- promote the city of Providence. the 30 hours of postcloture time being clusion of these deliberations. These are the types of attributes, ex- used. For every other district court Turning to Mr. McConnell, we are periences, life experiences, that form a nomination in that 60-year stretch, no fortunate, I believe, to have an indi- person and also provide the basis for cloture motion has been necessary. vidual of his talent and his character. being a judge. Because the quality I We have departed from that tradition Jack is a graduate of Brown University think we all have to look for in a per- in this case, and I fear it is a con- and Case Western Reserve University son, who is sitting in judgment of com- sequential departure. The majority Law School. He clerked for a justice of plicated civil cases, serious criminal leader has been forced to file a cloture the Rhode Island Supreme Court. He cases, but ultimately cases involving motion on this nomination. I, never- has received numerous accolades and men and women, is that they feel that theless, hold out hope our Republican awards, such as the National Associa- this person understands them and will colleagues will allow the motion to be tion of Attorneys General President’s be fair to them, regardless of whether withdrawn and grant an up-or-down Award and Case Western Reserve Uni- they are a large corporation or a poor vote to be held in short order. Doing so versity’s Martin Luther King, Jr., person before the district court. I am would be the proper course of action, in Award. He has been named to numer- convinced Jack McConnell will do keeping with this institution’s best ous lists of the best lawyers. He has the that—impartially, deliberately, and traditions and most conducive to fu- top rating in both ethics and achieve- carefully. These are the qualities he ture comity on nominations. Indeed, it ment from Martindale-Hubbell, which has exemplified throughout his career. would be consistent with the clearly is the service that reviews and lists, Jack enjoys strong support and broad held and firmly stated views my Re- practically, every attorney in the support throughout the State of Rhode publican colleagues have indicated in United States. Island, and it is a reflection of his work the past. But I do not simply want to repeat not just as an attorney but as a civic Once again, I urge my colleagues to Jack’s extraordinary resume of hard leader. I have heard from members support the nomination of John work and success. I want to share some from the business community, the McConnell to the U.S. District Court of my personal judgments. He is fun- Rhode Island judiciary, the legal com- for the District of Rhode Island. I urge damentally and extraordinarily a de- munity, Republican and Democratic them to give deference to the judgment cent and honest person. He started out elected officials, members of the cler- of Senator REED and myself in this from very humble beginnings. He has gy, as well as individuals from Rhode

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We worked community, leading important civic, Avedisian, has said: very closely together on the national tobacco litigation . . . and worked closely with charitable and economic development Jack is a man of integrity, a strong sense Mr. McConnell. . . . We spent considerable institutions including Crossroads of community, and a very fair and forward- time together in New York and at meetings Rhode Island, the Providence Tourism thinking individual. elsewhere and I had the unique opportunity Council and Trinity Repertory The- This is a Republican elected official: to assess Mr. McConnell’s legal abilities and atre.’’ They do not oppose his nomina- ‘‘a very fair and forward-thinking indi- his character which were both outstanding. tion. If I were looking at the business vidual.’’ . . . John J. McConnell Jr. is an outstanding community, I would look at the local Business executive Merrill Sherman, nominee to serve on the U.S. District Court business community, not the national, for the District of Rhode Island, and I enthu- an avowed believer in the free market, siastically support his nomination. organized efforts, whose agenda is a very successful entrepreneur and These are the words of a Federal cir- sometimes very far removed from the banker, concluded Mr. McConnell ‘‘has cuit court judge, nominated by Presi- needs of the small business men and the temperament, demeanor and capac- dent George W. Bush and confirmed women of Rhode Island. ity to be an excellent federal trial unanimously by this Senate. The Providence Journal, as my col- judge.’’ Again, I implore my colleagues to lis- league has cited, has repeatedly edito- So if Mr. McConnell is so bad for ten to what people who know Jack rialized in favor of his nomination. He business, why are business leaders in McConnell have said and the words has received emphatic and consistent the State reflecting on his qualities they have used: integrity, honesty, endorsements. In May of 2010, they and giving him accolades and pre- character, independence, impartiality. said: dicting he will be a distinguished ju- Those are the words used by people Providence lawyer John J. McConnell Jr., rist? who know him, and that is the truth. whom President Obama has nominated to John Harpootian, another major Re- I urge not only on the merits, but serve on the U.S. District Court for Rhode Is- publican attorney in the State, a dis- also in terms of the traditions of the land, is a very able attorney. He has also tinguished attorney, stated: demonstrated much civic commitment and Senate that we allow this vote to come leadership as a very generous philanthropist In my view, however, the most important to a final vote and that we vote for Mr. and board member of various nonprofit orga- attribute is integrity. Time and again, Jack McConnell. nizations in our area. has proven that he is a man of great prin- But let my turn briefly to the claims ciple and integrity. While being a vigilant Furthermore: made by some. Frankly, I am a little advocate for his clients and the causes that bit leery to address these supposed Jack McConnell, in his legal work and he has taken up during his professional ca- criticisms, but they have been leveled community leadership, has shown that he reer, Jack has always conducted himself in has the legal intelligence, character, com- the most ethical and professional manner; a and I think there should be some re- passion and independence to be a distin- trait unfortunately sometimes not found sponse. guished jurist. among lawyers today. The first claim seems to be that Mr. After no action was taken on Mr. Mc- One of the greatest characteristics that I McConnell is anti-business. Well, out- Connell’s nomination by this body in admire about Jack so much is that despite side of the support he has received political differences of opinion, he never al- the previous session, the Providence from business leaders from Rhode Is- lowed those differences to become personal, land and the Providence Journal, Journal wrote, in November 2010, that or to cloud his judgement. which has a historic reputation going Mr. McConnell is: I am hard pressed, again, to believe back several years of being a promi- One of America’s most able and successful the suggestions that have been made nent supporter of business in Rhode Is- litigators, and has been a very energetic and generous leader in philanthropies and other that in some way Mr. McConnell is not land, I think it is also good to ref- parts of community life. His character and a completely ethical person because erence the fact that two insurance in- deep love of the law suggest strongly that he every bit of evidence from Rhode Is- dustry trade associations—the Na- will function as a disinterested judge—one land—Republicans, Democrats, law- tional Association of Mutual Insurance able to look at the facts of each case in the yers, business leaders—from a lifetime Companies and the Property Casualty light of a close and rigorous reading of statu- of observation suggests that he is eth- Insurers Association of America—origi- tory and constitutional law and precedent. ical. nally signed a letter in 2010 that stri- Indeed, his legal work and community lead- But perhaps the most compelling dently attacked Mr. McConnell. ership suggest that he would be a distin- However, in December of 2010, both of guished jurist. words are the words of former Rhode Island Republican Attorney General these associations, which represent He is a man of tremendous character, Jeff Pine. As Jeff concluded: companies that scrupulously work for recognized by community leaders. The their shareholders, withdrew their op- Institute for the Study & Practice of There is no question in my mind that Jack would be an honest, principled, ethical, and position because they stopped and Nonviolence—an innovative organiza- fair judge. He would be a credit to our state looked at the facts. tion on the south side of Providence— and judiciary. I enthusiastically support his They spoke to their Rhode Island in- their executive director, Teny Gross, candidacy for the position on the federal surance company members. They ex- wrote in strong support. bench. amined the Republican support for Mr. Rhode Island Supreme Court Justice This is our former Republican attor- McConnell. They listened to what the Joseph Weisberger, one of the most re- ney general. Greater Providence Chamber of Com- spected jurists in the history of Rhode If that judgment is not sufficient, let merce had to say. To quote from the Island, said of his nomination: me render another judgment. This is in National Association of Mutual Insur- His great experience as a litigator has the form of a colleague, a former Penn- ance Companies’ letter: given him exceptional knowledge of the in- sylvania Attorney General, a Repub- Upon further consideration and consulta- tricacies of the rules and practice and proce- lican, who is now a member of the U.S. tion with our member companies in Rhode dures of federal courts. He would be superbly Court of Appeals for the Third Circuit. Island, and after evaluating support for Mr. qualified to preside as a federal judge over McConnell from the local business commu- the most challenging and complex cases. He This body, at the recommendation of nity and former Rhode Island Attorneys would be a splendid addition to the distin- the Pennsylvania Senators, years ago, General Arlene Violet and Jeffrey Pine, guished bench of the United States District under President George W. Bush, con- NAMIC withdraws its opposition to his nomi- Court of Rhode Island. firmed unanimously D. Michael Fisher nation. . . .

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6557 Again, those who have carefully con- another firm, DeCof and DeCof, to re- I ask unanimous consent to have sidered Jack McConnell have acknowl- view the case, and this firm found the printed in the RECORD an editorial in edged that he will bring no personal merits of the case to be factually and the Wall Street Journal today called agenda to the courtroom, as he has tes- legally sound under Rhode Island law. ‘‘Congress vs. the NLRB.’’ tified truthfully and accurately. The case was then actively litigated by There being no objection, the mate- Another insinuation is that Mr. the state under AG WHITEHOUSE’s ten- rial was ordered to be printed in the McConnell has not comported himself ure. It was then reviewed by AG WHITE- RECORD, as follows: in an ethical manner. This is a serious HOUSE’s successor, who decided after CONGRESS VS. THE NLRB charge. If any Senator is going to level much deliberation to continue the President Obama’s National Labor Rela- this kind of assertion, they have to case. So there you have it. A Repub- tions Board has spent the year thumbing its have clear and compelling facts on lican Attorney General chose Mr. nose at Congress by reinterpreting long- their side. McConnell more or less and his Demo- standing labor law on behalf of union friends. Indeed, in his over two decades of cratic successors retained his firm. Congress is finally fighting back. practice, Mr. McConnell has never had I am also told this proposed arrange- Tennessee GOP Senator Lamar Alexander along with South Carolina Senators Lindsey an ethics complaint alleged or filed ment was submitted to the court, the Graham and Jim DeMint are this week intro- against him. He has never had a mal- court reviewed it, and did not object to ducing legislation to rein in the labor practice claim alleged or filed against it. I am also told by Senator WHITE- board’s latest assault on business. The him. He has never had a rule 11 motion HOUSE that, indeed, the judge had the board’s complaint against Boeing, filed last filed against him. final approval of any type of payments month, is the first shot in a new union war The ACTING PRESIDENT pro tem- made. That is the type of arrangement on federal right-to-work law, a policy shift pore. The Senator’s time has expired. I think is well within the consistency that is every bit as threatening as the drive Mr. REED. Madam President, I ask and ethics of procedures within Rhode to get rid of secret ballots in union elections. unanimous consent for 2 more minutes. Boeing decided 17 months ago to invest $2 Island and across the Nation. billion building a new production plant for Mr. ALEXANDER. Madam President, I could go on and on. I conclude by its 787 Dreamliner in South Carolina. It reserving the right to object, then we saying this: This is an individual of in- made the decision only after talks broke would need to add 2 minutes to the Re- tegrity, character, decency, education, down with the International Association of publican side, and I ask unanimous talent, and skill. Today, we are on the Machinists and Aerospace Workers, whose consent for that. verge, I hope, of confirming a district members wanted the work at a unionized The ACTING PRESIDENT pro tem- court judge nominee. If we reject this plant in Washington state. The union’s many pore. Without objection, it is so or- person through a cloture fight, we are strikes over the years have cost Boeing a bundle. South Carolina, like 21 other states, dered. setting up an extraordinarily dan- Mr. REED. There is a third claim has a right-to-work law, which forbids com- gerous precedent that in the future pulsory unionism. against Mr. McConnell regarding the could be used to prevent individuals of The Obama NLRB nonetheless chose to State of Rhode Island’s lawsuit against character and talent from serving on make Boeing a whipping boy in a new offen- a number of companies which, at one the bench. sive against right-to-work states. It filed a time, manufactured lead paint. Let me I yield the floor. complaint demanding that an administrative state for the record that this process The ACTING PRESIDENT pro tem- law judge halt the South Carolina plant (set had its start under a Republican Attor- pore. The Senator from Tennessee. to open in July), and force Boeing to move ney General, Jeffrey Pine, and then production to Washington. Mr. ALEXANDER. Madam President, This despite the fact that Boeing made continued under two succeeding attor- I ask unanimous consent that over the clear this is a new production facility or that neys general. next 30 minutes Republican Senators it has added 12,000 jobs in Washington since The lawsuit had precedent under led by the Senator from Ohio, Mr. announcing the South Carolina move. Rhode Island law. While it was a PORTMAN, and including the Senator No matter. The complaint’s real target is lengthy and difficult trial, Judge Sil- from Wyoming, Mr. BARRASSO, Senator the federal right-to-work guarantee. Among verstein, a State superior court judge CORNYN from Texas, Senator HOEVEN the most celebrated provisions of the 1947 who oversaw this trial and was respon- from North Dakota, and myself be per- Taft-Hartley Act is what’s known as 14(b)— sible for the court’s business calendar, the section that allows states to pass right- mitted to engage in a colloquy. to-work laws. The Boeing complaint guts had nothing but praise for Mr. McCon- The ACTING PRESIDENT pro tem- that guarantee by effectively requiring com- nell’s involvement and that of his op- pore. Without objection, it is so or- panies to continue manufacturing in union posing counsels. Again, Judge Silver- dered. states—or be found guilty of a rights viola- stein is one of our most respected f tion. This is a union dream come true, on par judges by all sides and by the entire with ‘‘card check.’’ Rhode Island bar for his judgment, in- RIGHT-TO-WORK LAW As Senator Alexander tells us, this is a di- tegrity, and his skill. He had nothing Mr. ALEXANDER. Madam President, rect attack on a right-to-work law that was but praise for Mr. McConnell’s involve- it seems as if every day there is some ‘‘thoroughly debated’’ by Congress in 1947 and ‘‘remains clear today.’’ The Alexander- ment. new action by the Obama administra- Graham-DeMint legislation would clarify the A fourth claim is an insinuation that tion that throws a big wet blanket over existing provision, ensuring that state right- Mr. McConnell received some kind of job creation in America. Republicans to-work laws cannot be pre-empted by the favoritism when the state selected a haven’t been hesitant to point this out NLRB or union contracts. We’re assuming legal firm to bring the lead paint law- and talk about too many taxes, too the 11 Democratic Senators from right-to- suit. The facts are again different from many regulations, too much debt, high- work states will stand up for their non- the claim. First, Mr. McConnell and er gasoline prices, higher health care unionized workers—if Senator Majority former Attorney General Pine dis- costs, and the health care law. Harry Reid (from right-to-work Nevada) allows a vote. cussed this issue within the context of Yesterday, Senators GRAHAM and Boeing will fight the NLRB complaint, the global tobacco litigation. Attorney DEMINT and I introduced legislation to though that might mean a protracted court General Pine then asked Mr. McCon- reaffirm section 14(b) of the Taft-Hart- fight. It also means more uncertainty for nell to provide a legal memo on this ley Act to permit States, if they so every business considering a move of future matter. Attorney General Pine re- chose, to have a right-to-work law, cre- production facilities to a right-to-work viewed the materials and believed the ating a competitive environment in state. Many of them may simply relocate case was solid but did not want to un- which we can create more jobs in this manufacturing overseas. dertake the case due to the end of his country. This is in reaction to the ac- This is the latest gambit from an Adminis- tration that has been ramping up its regu- term. In 1999, AG Pine’s successor, who tion by the National Labor Relations latory and enforcement powers on behalf of happened to be Senator WHITEHOUSE, Board that would basically say the special-interest allies such as unions. The asked to be briefed on the matter. Then Boeing Company could not expand into only check against this is Congress, so we’re Attorney General WHITEHOUSE, asked a nonunion State. glad to see Members speaking up.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6558 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 Mr. ALEXANDER. Madam President, eral Government to do a better job on ment, create jobs, and get our economy as important as it is to say what we workforce development. Also, there is moving. It is about unburdening our don’t like about the Obama adminis- the need to increase and expand ex- economy from the overregulation that tration’s job policy, it is even more imports. The President has talked about is hurting job creation. It is about portant for us to say what Republicans that. We are eager to get trade agree- helping to create a more competitive will do to create an environment to ments in Congress. We can create hun- workforce to compete in a global econ- make it easier and cheaper to create dreds of thousands of new jobs imme- omy. It is about increasing our exports, private sector jobs. diately through expanding markets. and it is about a truly comprehensive Senator PORTMAN of Ohio has a We also talked yesterday about en- approach to energy that will help us strong background as a budget direc- ergy. This is important. There are develop all of our sources of energy, tor, as a Congressman, and as a trade things we can do right now to get both traditional and renewable. It is negotiator in the Bush administration, America less dependent upon foreign also about commonsense health care and he has a good understanding, rep- oil and use our own resources in this reform. We need to do that because we resenting one of our largest and most country more effectively. Then in have more than 15 million people who important manufacturing States, of ex- terms of the health care cir- are unemployed. Every day they are actly what kind of policy it takes to cumstances—we will talk about this in unemployed is one day too many. We create an environment for job growth. a moment—every person I have talked also have to get on top of this deficit He has been working with Republican to in Ohio, and I have been on over 200 and debt we face. That means control- Senators so that we can clearly state factory visits in the last couple years— ling our spending, reducing our spend- our progrowth plan. We would like to tells me the cost of health care is going ing, but it also means growing our discuss that. up not down, which is making it harder economy. That is the way to not only I ask Senator PORTMAN, what would to create jobs. We will talk about the get people back to work but reduce the be the keys to the Republican plan to need to reduce health care costs. debt and deficit. make it easier and cheaper to create This is a commonsense, seven-point If we look at the 1990s when we were private sector jobs? plan to get the economy moving and in a somewhat similar situation, that Mr. PORTMAN. I thank my colleague create jobs. It is incredibly important is exactly what we did. We need to go from Tennessee. I happen to have the to get the unemployment numbers back and do that. North Dakota is a answer to his question. Yesterday—he down and to be sure American families large energy-producing State—oil, gas, is correct—we did propose a jobs plan, have opportunities. It is also very im- clean coal technology, and also the re- which is a series of commonsense pro- portant, though, in terms of dealing newables, biofuels, and wind. But the posals to get our economy back on with the debt and deficit because, al- way we did it wasn’t through govern- track and create jobs across our coun- though we need to restrain spending— ment spending. It was through creating try. and Congress is beginning to take a legal, tax and regulatory environ- You will recall that a few years ago small steps in that regard—we also ment and creating certainty so that there was a stimulus effort in the Con- need to grow the economy. companies and entrepreneurs could in- gress—the President’s $800 billion stim- When we have 1.8 percent economic vest in energy and advanced manufac- ulus plan—that was passed. The idea growth, which we had in the last quar- turing and technology—the whole was to get the economy back on track. ter, which is anemic, weak, and not gamut. But there are hundreds of mil- There were estimates that it would something we should be satisfied with, lions to billions of dollars today that have a big impact on job growth and, in it is difficult to create that economic would go into investments all over this fact, reduce our unemployment num- growth to help deal with this huge country in the energy patch, both tra- bers significantly. That didn’t happen. overhang of deficits and debts. ditional sources and renewable sources One of the reasons that didn’t happen As the Senator from Tennessee said, of energy, with the latest, greatest is because it relied too much on gov- we have other colleagues with us technology—more energy, more de- ernment providing the resources for today, and Senator JOHN HOEVEN from pendable, and cost effective, with bet- jobs. Government doesn’t create jobs, North Dakota will talk about these ter environmental stewardship. but government can create the climate issues, as will Senator BARRASSO from That is what this is about, creating for job growth. Our view is that we Wyoming. Senator CORNYN from Texas the right environment. By the same need to take a different approach. That has just joined us. token, we are looking at three different approach is to stimulate private sector I ask Senator HOEVEN, a former Gov- trade agreements: the South Korea job growth and create that pro-growth ernor of North Dakota—where there is Free Trade Agreement, the Colombia environment. about 3.6 percent unemployment and is Free Trade Agreement, and the Pan- The seven proposals we announced a State that is producing domestic en- ama Free Trade Agreement. These yesterday as part of our jobs plan in- ergy to help meet our needs and is a would create more economic activity. clude being sure that we do indeed deal big State for exports—if he will talk The Korea agreement alone is expected with the deficit and debt because that about his ideas on job growth and how to increase U.S. exports to South is a negative impact today on our econ- it fits into this job plan. Korea by $10 billion a year. We are omy. In fact, there are economic stud- Mr. HOEVEN. Madam President, I talking hundreds of thousands of jobs. ies out there showing that our GDP is say to my colleagues, Senators We need to be working on those free- much smaller than it would otherwise PORTMAN, ALEXANDER, BARRASSO, and trade agreements right now, today, to be but for the deficit and debt. Also, we CORNYN, that it is great to be here this approve them. I urge our leadership need to reform the Tax Code to spur morning to engage in this colloquy. I and the administration to work with us economic growth. Economists across want to follow up on the points that to get those trade agreements to the the spectrum agree that we can stimu- my esteemed colleague referred to on floor and get them approved as part of late economic growth by having a Tax both energy and trade. They are very this comprehensive jobs plan. Code that makes more sense for job important in terms of job creation for I thank my esteemed colleagues creation. our country. again, and I commend Senator Regulation is a major issue. We will If I could, I will start for a minute on PORTMAN for his outstanding work on hear from our colleagues who want to the comprehensive nature of this jobs this plan. I thank all of the members of make sure we have regulatory relief for plan that Republicans have put to- our caucus for the contributions they small businesses which are not able to gether. If we look at it, we will see that have made to this plan. Also, again, I create jobs because of the increased it is truly comprehensive. It is about express our desire to go to work with regulations coming from Washington. living within our means, about reform- our friends across the aisle on all of We need a workforce that is more ing our Tax Code, without raising these provisions for the benefit of all of competitive, and that requires the Fed- taxes, to create a progrowth environ- those who are looking for work, for the

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6559 benefit of our economy, and for the im- does not provide the certainty the they are. This is polling from just last portant role that economic growth, small businesses of this country need month. They will tell you that addi- along with spending restraint, will play to create those new jobs. They may not tional environmental regulation in- in helping us get on top of our debt and be willing to take the additional risk creases the price of energy for items deficit. and additional expense because of the such as gasoline and electricity. Sev- With that, I turn the colloquy back unknown concerns. enty percent of Americans believe the over to Senator PORTMAN for his addi- I think that is one of the points that rules coming out of Washington in- tional remarks. is highlighted in this wonderful plan crease the costs of items such as gaso- Mr. PORTMAN. Madam President, I Senator PORTMAN has put together, line and electricity—the energy issues. thank my colleague from North Da- along with the members of the Repub- How much is the pain at the pump kota. He makes great points about the lican Party. A big part of this plan has costing the American family this year? need for us to use our resources at to do with the rules and regulations About $800 per family this year in high- home on energy and for us to expand that come out of Washington, DC— er gasoline rates than last year. If you exports because that immediately cre- rules and regulations that may not are a family, that has an impact on ates jobs in this country. He has done even be connected to laws that were your quality of life. It has an impact if it. As a Governor, he rolled up his passed in this body but rules and regu- you are trying to deal with bills, kids, sleeves and got directly involved in lations put forward by this administra- and a mortgage. But there are a lot of economic development. He knows what tion, by people who have a different regulations out there. The American it takes. The fact that he has been a view of how America works. people see this. champion of this plan and helped put it I was encouraged over 100 days ago Also, over 70 percent of the American together gives me confidence that this when the President said he had an Ex- people know in their hearts and believe is going to work. ecutive order that would try to elimi- that small businesses—the job creators We need to work on a bipartisan nate some of the redtape. Here we are of this country—are impacted much basis. We are reaching out to our col- 100 days later, and it is just another more than the large businesses of the leagues on the other side of the aisle broken promise from this administra- country. But it is the small businesses and the administration. So much of tion. The redtape continues to hold we want to help. this is common sense. These are things American small businesses hostage. The other point that more than 70 we should do now. We are trying to cut through that percent of the American people believe, We are also joined by our colleague redtape. The American people realize in a poll by the Tarrance Group, is that from Wyoming. He is Wyoming’s doc- it. The administration may not realize if regulations make it too expensive to tor. He is also a leader in the Senate it, but the American people realize it. keep jobs in America, businesses will and has taken the lead on a number of When the American people were ques- continue to move overseas. Businesses issues related to jobs, two of which are tioned just this last month about will continue to move overseas. part of our jobs plan. One is, of course, whether there are too few regulations There is so much uncertainty with the regulatory front, where he has or too many regulations and the im- the rules and regulations coming out of taken the time to really dig into how pact on business, a majority said there this town that it is paralyzing the rest these regulations affect business are too many regulations on our busi- of our country. That is just on the growth. He may have comments on nesses. rules and regulations aspect that peo- that issue today. How much money does Washington ple can see. There are so many rules I would like to hear Dr. BARRASSO on spend on regulations? I will tell you, and regulations that are still coming. that point but also on the health care Madam President. Government spent a I was at a hospital in Cody, WY, talk- front where, as a doctor, he looked into record $55 billion developing and ening about health care. I practiced med- what the impact of health care reform forcing rules last year—$55 billion de- icine for 27 years, taking care of fami- will be on jobs. This is something that veloping and enforcing rules last year. lies all across the Cowboy State. I was perhaps does not get talked about That is just the spending of govern- visiting a hospital in Cody, WY, and enough. Unless we figure out a way to ment. What is the impact on businesses they said they were trying to figure get health care costs under control, it around the country? For every $1 the out one aspect of the health care law— will be harder for us to create opportu- government spends to put forth and en- accountable care organizations. It is 6 nities in this country because the costs force these rules, it costs businesses of pages of the 2,700-page law that was embedded in hiring a new employee this country $30. That is over $1.5 tril- crammed through in the middle of the under health care alone are so high lion expended by businesses across the night, with Americans saying: No we that many companies are simply not country. That is a drag on our econ- don’t want this. The people who do reg- hiring. I would love to hear his omy, making it harder for them—not ulations took 6 pages of the law and thoughts. easier but harder and more expensive came up with over 400 pages of regula- Mr. BARRASSO. Madam President, I for the private sector to create jobs. tions. They just came out about a thank Senator PORTMAN for the incred- There is $30 of business expense for month ago. The hospital administrator ible job he has been doing as a cham- every $1 spent on rules and regulations said: We are having to take money pion of efforts to create more private out of Washington. away from patient care, from helping sector jobs in this country, to make it People are worried because it is going with nurses and therapists to pay for easier and cheaper to create private to get worse. There are still 224 rules in consultants to try to explain these sector jobs, for the private sector to the pipeline that have been labeled as rules and regulations to us so we can create the jobs we need. Senator ‘‘economically significant.’’ What is an abide by them. PORTMAN showed significant leadership economically significant rule? It is a Those are the kinds of regulations in his campaign last year in Ohio de- rule that has an impact on the econ- and rules on steroids that I continued veloping the Portman jobs plan. He omy of over $100 million. There are 224 to hear about as I traveled in the last went to factories and small businesses of them coming down the line. Is it a week or so at home visiting with peo- all across the State of Ohio because he surprise that the unemployment rate ple, visiting the communities, listening knows small businesses are the engines continues to be so high? It is because of to what people have to say and the con- that drive the economy. the rules and regulations of this ad- cern and the uncertainty because what Seventy percent of the jobs created ministration. is coming out of Washington is a drag in this country are created by our What do the American people believe on our economy. It is preventing us small businesses one at a time. When about this situation? Over 70 percent of from making it easier and cheaper for there are government rules, regula- the American people believe several the private sector to create more jobs. tions, redtape, and increased expenses, different things about the effect of the People all across the country are it makes it much harder because it rules. I will tell my colleagues what concerned, and that is why I am so

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6560 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 happy to be here with Senator House but as U.S. Trade Representa- are fewer jobs being created in America PORTMAN today and his efforts, his tive and also as Director of the Office because the government is playing a leadership on a jobs plan that is one of Management and Budget. He knows bigger and bigger role, crowding out that focuses fundamentally on the the budget numbers and the intricacies the ability of small businesses to get a things that will get government off the of that better than just about anybody loan. backs of the American people and let here. He knows the difficulty we have I also join a lot of other folks in this the American people get back to work. had, whether Republican administra- Chamber on both sides of the aisle in I thank Senator PORTMAN for his lead- tions or Democratic administrations, my deep concern about the possibility ership at a time when we see a govern- of living within our means. of a debt crisis if we do not deal with ment that is borrowing too much, Now that we are spending so much these historic deficits and debts. That spending too much, and growing bigger money we do not have—about 40 cents could send our economy into a tailspin every day. I am very appreciative of his on every dollar, with $14.3 trillion in with sky-high interest rates, with in- efforts to get things back under control debt and huge deficits—we have to fig- flation that is already rearing its ugly and get the decisionmaking out of ure a way out of that situation. I think head again in this country. We need to Washington and back to the home- the best way to do that is to put this address this issue because it is the towns and States across the country. proverbial straitjacket on Congress and right thing to do for future genera- Mr. PORTMAN. Madam President, I force us to do what every family and tions—it is really a moral issue—but thank Dr. BARRASSO. I appreciate the every business and 49 States do, either also because it does impact what is amount of time he has put into this because of constitutional or statutory going on today in our economy and our regulatory issue and the relief small provisions. ability to get this economy back on businesses need on the regulatory I wish to say in conclusion how much track and create jobs. It is so impor- front. It is obvious he is out talking to I appreciate the good work he has done. tant to American families and, as I businesses, and it is directly related to Senator PORTMAN has been here a short said earlier, so important for us deal- jobs because we cannot get the jobs time, but he brings a lot of experience ing with the fiscal problems because we back unless we reduce the cost of doing and a lot of wisdom on these issues, have to both restrain spending and business that comes from these regula- particularly on getting America back grow the economy, increase economic tions. to work. activity, which will increase revenues. Madam President, how much time do Mr. PORTMAN. Madam President, I Madam President, can you give me a we have remaining in this colloquy? thank my colleague from Texas. He is warning when we have 5 minutes re- The ACTING PRESIDENT pro tem- absolutely right. When we look at the maining in the colloquy today? pore. There is 12 minutes 7 seconds on budget deficit and the debt and the im- I would like to turn back to my col- the Republican side. pact it is having on our economy league from Tennessee who started this Mr. PORTMAN. I thank the Pre- today, it is clear we need constraints. off this morning talking about the im- siding Officer. Forty-nine States have a balanced portance of this job plan. Madam President, as I said, we are budget requirement. When I am back Mr. ALEXANDER. Madam President, also joined by Senator CORNYN of home talking with people in our cities would the Senator have some more Texas. I am going to ask him in a and counties, in their struggles with comments on the plan and about what minute to say a few words about the balancing their own budgets, they ask has been said by some of our other col- jobs plan. The input he has put into it me: How can Washington continue to leagues? has been terrific because he is the guy spend so much money it does not have? Mr. PORTMAN. I thank my colleague who understands, again, the impor- Forty cents of every dollar Washington very much. tance of small business, the importance spends today is borrowed money. Clear- Mr. ALEXANDER. To the Chair, if of us creating an environment through ly that restraint is needed. the 5-minute warning could be for the Washington laws and regulations that It is important to get the economy end of the 25 minutes because I intend helps create jobs, and that it is not back on track. Often we talk about the to take 5 minutes after that. Washington that is going to create the record budget deficit and the $14 tril- The ACTING PRESIDENT pro tem- jobs but the private sector that is lion debt in terms of its impact on fu- pore. There is 6 minutes remaining in going to do it. ture generations. As the father of total on the Republican side. I ask my colleague from Texas to say three, I am very concerned about that, Mr. ALEXANDER. I will take 1 a few words about his thoughts. as we all should be, because we are minute and then conclude. I wish to Mr. CORNYN. Madam President, I mortgaging their future, the excessive thank Senators PORTMAN, CORNYN, and say to my colleague from Ohio, what a spending today that they are going to BARRASSO for this. We will be hearing welcome idea of refocusing on the No. 1 have to pay back. often from Republicans who want to issue in America today, which is too It is not just what is going to happen make clear what we are for as well as many Americans out of work. Of in the future. Our deficits and debts what we are against, and I thank the course, we saw the growth numbers for have gotten so big that there is an im- Senator from Ohio for his leadership. the first quarter of this year: 1.8 per- pact on the economy. There was a I wonder if, in the last 30 seconds or cent—hardly vigorous enough to create study done recently by a couple of reso, he wants to focus on trade and jobs, the kind of economic expansion and job spected economists—Rogoff and which has been his specialty. creation we need. Reinhart—which says, in looking Mr. PORTMAN. First of all, I thank As we are dealing with the spending around the world, where a country’s my colleague from Tennessee for help- issue, we have to deal with growing the debt is up to 90 percent of its total ing to promote this idea. Again, we are economy. That is exactly what the economy, you have about a 1-percent looking to reach out to Democrats in Senator from Ohio has proposed—a decline in the GDP or the growth in this Chamber, in the House, and work- comprehensive plan to try to figure out the economy. Our growth was only 1.8 ing with the administration, to actu- how to get people back to work and to percent last quarter. That means it ally get this done. We need to get the try to get the kind of economic growth should have been at least 2.8 percent American economy back on track. that will help us deal with this debt but for our debt and deficit because I just heard the Senator talk about crisis we are in. now our gross debt is 100 percent of our trade, and we talked about that earlier. The one thing I especially like about economy. So we are over that 90-per- But as was said earlier, we need to in- the plan, although I like all of it, is the cent threshold, and we are impacting crease exports because exports equal embracing of a notion of a balanced our economy today. jobs. If we look at these three pending budget amendment to the Constitu- When we think about it, with all the trade agreements, which the adminis- tion. The Senator from Ohio has had a government borrowing out there, it is tration has yet to send to Congress— distinguished career not only in the crowding out private borrowing. There and we can’t move unless they do

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Is there objection? to our workers, our farmers, and our McConnell, then I will vote ‘‘no’’ on There being no objection, it is so or- service providers just in these three in- confirmation because I believe he is a dered. stances alone. flawed nominee. Mr. ALEXANDER. I thank the Chair. We also need to provide the President I know most of my Republican col- According to the Congressional Re- with the authority to knock down leagues are going to register their op- search Service, in the history of the more barriers by giving him trade pro- position to Mr. McConnell by voting to Senate, only three cloture motions motion authority. So I call on the ad- deny an up-or-down vote. I respect have ever been filed on district judge ministration to send us those agree- their decision. I understand how they nominations. In each case, the nomina- ments—free up those agreements—and feel. I also was outraged in 2003 when tion eventually was confirmed. allow us here in America to be able to Democratic Senators filibustered In 1986 cloture was invoked by a vote President Bush’s circuit court nomi- create more jobs by expanding our ex- of 64–33 on Sidney Fitzwater despite op- nees simply because they disagreed ports, by leveling this playing field be- position to the nomination by Demo- with their philosophies. I made my tween these three countries—Panama, cratic senators. Mr. Fitzwater was then first speeches on the floor of the Sen- Korea, and Colombia—and then let us confirmed 52–42. ate arguing against such a change in get busy on having the United States In 1999 cloture was not invoked by a precedent. vote of 55–44 on Brian Theodore Stew- even more engaged in international On February 27, 2003, I said on this art’s nomination because of Democrat trade, expanding exports and, there- floor: opposition. He was confirmed two fore, creating jobs. When it comes time to vote, when we fin- Let me review quickly these seven ish that whole examination, I will vote to let weeks later by a vote of 95–3. core areas and then turn it back to my the majority decide. In plain English, I will In 2003 a cloture motion was filed on colleague from Tennessee. not vote to deny a Democratic President’s Marcia G. Cook’s nomination but it We do need to focus on the fiscal sit- judicial nominee just because the nominee was withdrawn and she was confirmed uation, as we have talked about, to be may have views more liberal than mine. 96–0. able to help the economy. Our Tax That is the way judges have always been se- I certainly wish President Obama had lected. That is the way they should be se- nominated someone other than Mr. Code needs to be reformed to create lected. economic growth. We can do that. We McConnell. During his confirmation That is what I said in 2003. hearings, questions arose about a pos- know there is a way to do it without In 2005, Republicans grew so upset sible role in stolen corporate docu- raising taxes and by reforming the code with the Democrats’ continued filibus- ments, in soliciting contingency fee and making it more progrowth; the tering of President Bush’s circuit legal contracts, and about his judicial regulations we talked about that are nominees, the Republican majority temperament. Some senators even feel stifling so many small businesses in leader threatened to eliminate the this country; the competitive work- right to filibuster in connection with misled by some of his statements. It force, retraining is critical, and we can judicial nominations. That proposal was even said he is the only district do a much better job taking the exist- was called the nuclear option because judge to be opposed by the U.S. Cham- ing Federal resources and directing it was said if Republicans succeeded in ber of Commerce in its 99-year history. them toward retraining for jobs that abolishing the filibuster, their actions Well, the Senate has more than a 200- are actually there; expanding exports, would ‘‘blow the place up.’’ I suggested, year history. And that history is not to we just talked about; of course, in two Senate speeches, that a small use the filibuster to defeat a district powering America’s economy by using group of Senators, equally divided by judge nomination. more of our own domestic resources— party, agree to oppose the filibustering I am comfortable with the Gang of 14 renewable but also traditional uses of of judges. The result of those remarks precedent in the case of circuit justices energy; and, finally, getting health was the creation of the Gang of 14—the and Supreme Court justices. I will con- care costs down, as Senator BARRASSO Gang of 14 Senators who preserved the tinue to reserve the right to vote talked about. tradition of up-or-down votes by agree- against allowing an up-or-down vote in If we do these things, we will create ing to use the filibuster only in ex- an extraordinary case. I also under- more hope and opportunity at a time traordinary cases. I have amended my stand the strategy of ‘‘They did it to when it is so desperately needed. We own views to subscribe to the Gang of us, so we will do it to them.’’ Unfortu- should be able to do it because they are 14’s standard for Supreme Court and nately, that strategy, I am afraid, will commonsense ideas. circuit court judges. lead us to a new and bad precedent, one I thank my colleagues. It is true the Gang of 14 agreement which will weaken the Senate as an in- f didn’t explicitly distinguish between stitution and come back one day to circuit and district judges. But the de- bite those who establish it. NOMINATION OF JOHN MCCONNELL bate then clearly was only about Su- I thank the Chair and I yield the Mr. ALEXANDER. Madam President, preme Court and circuit judges, and floor. we have a vote at noon. I know there the Senate always thought of district The ACTING PRESIDENT pro tem- are a number of Senators who wish to judges differently. District judges are pore. The Senator from New York. speak. I will take about 5 minutes, I trial judges. Circuit judges also must Mr. CORNYN. Will the Senator yield suspect Senator CORNYN wants to follow precedent but have broader dis- for a quick question? speak, and I know Senator GRASSLEY cretion in interpreting and applying Mr. SCHUMER. I will yield. wants to speak. I also see Senator the law. Circuit judges’ jurisdictions Mr. CORNYN. I know there are a REID. are broader. Their attitudes and phi- number of us who would like to speak The Senate is a body of precedent. losophies are much more consequential on the upcoming cloture vote at noon One important precedent is that never in the judicial process. on the McConnell nomination. I know in the Senate history has a President’s That is why the Senate has never al- Senator GRASSLEY would; I presume district court nomination, reported by lowed a Federal district court nomina- the Senators from New York and the Judiciary Committee, been de- tion to fail by denying cloture. Accord- Rhode Island would. I wonder if we feated because of a filibuster; that is, ing to the Congressional Research could reach some unanimous consent because of a cloture vote. Once a nomi- Service, in the history of the Sen- agreement that would allow at least 5 nee for Federal district judge has got- ate—— minutes for each of us to speak.

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I would pose that as a unanimous both politically and economically WHITEHOUSE have taken the lead. I consent request; that for the Senators costless, but this one is easy: confirm urge, at least on cloture, that my col- who are currently on the floor, the five these judges. leagues let this nominee be voted upon. of us, we be given up to 5 minutes to Take the district court nominees who I yield the remainder of the time I speak preceding the cloture vote. were passed out of committee with bi- have been allotted so others of my col- Mr. SCHUMER. Might I ask a ques- partisan support, schedule votes on the leagues might speak. tion of the Chair? What is the time sta- floor, and confirm them. It sounds The ACTING PRESIDENT pro tem- tus? There is 35 minutes until noon; is easy. Apparently, it is not. It is not pore. The Senator from Texas. that divided? easy because my colleagues on the Mr. CORNYN. Madam President, I The ACTING PRESIDENT pro tem- other side of the aisle have slowed the have been conferring with the Senator pore. Yes, the time is equally divided. confirmation of district court judges to from Rhode Island and other Senators The Democrats control 19 minutes, the a trickle, even those nominees who who want to speak. Maybe if we could Republicans control 181⁄2 minutes. were passed out of the Judiciary Com- try another attempt at a unanimous Ms. LANDRIEU. Madam President, mittee with no objection from Repub- consent request that would allow all of reserving the right to object, I wish to licans. us a chance to speak. remind the Senators this isn’t the only This Congress, I am grateful for the Since I have the floor, I assume I can debate on the floor. We are having a hard work of Chairman LEAHY, Rank- speak for up to 10 minutes under the cloture vote on SBIR, and we would ing Member GRASSLEY, Majority Lead- standing order. I am willing to yield like some time to close that debate as er REID, and Minority Leader MCCON- some of that time so everybody can well. So I am open to work with the NELL in beginning to unclog the pipe- have an opportunity. other Senators. line, but we still have a long way to go. Ms. LANDRIEU. Madam President, I Mr. REED. Madam President, reserv- To go the rest of the distance, to re- object to any unanimous consent re- ing my right to object, I would suggest, store the pace of judicial confirmations quest. according to the request of the Senator before the Federal judiciary faces the Mr. CORNYN. Madam President, I from Texas, that the Senator from New worst vacancy crisis in history, we have the floor. The Senator is out of York be recognized for 5 minutes, the need the consent of our Republican col- order. Senator from Texas be recognized for 5 leagues. The ACTING PRESIDENT pro tem- minutes, that I be recognized for 5 min- Here are the facts: The targeting of pore. The Senator from Texas has the floor. utes, and then Senator GRASSLEY be district court nominees is unprece- Mr. CORNYN. I ask unanimous con- recognized for 5 minutes. dented. Five of the nineteen district sent that the Senator from Rhode Is- The question then would be, Is there court nominees who have received split land, the Senator from—— sufficient time for Senator LANDRIEU votes in the last 65 years have been The ACTING PRESIDENT pro tem- and, of course, Senator LEAHY? President Obama’s nominees. We have only confirmed 61 of his district court pore. Is there objection? Mr. SCHUMER. Could I ask unani- Ms. LANDRIEU. I object. mous consent—— nominees. By this time in their Presi- Mr. CORNYN. I will proceed, then, Ms. LANDRIEU. I don’t know how to dencies, we had confirmed 98 of Presi- under the standing order which gives do this, but if we could do 3 minutes dent Bush’s and 114 of President Clin- me up to 10 minutes, as I understand. each and reserve at least 15 minutes for ton’s. The ACTING PRESIDENT pro tem- closure. Judicial vacancies affect nearly 100 pore. The Senator is correct. The ACTING PRESIDENT pro tem- Federal courtrooms across the Nation. Mr. CORNYN. I regret that the Sen- pore. Time has been consumed during One in nine seats on the Federal bench ator from Louisiana is unwilling to co- this debate. is vacant. So we should approve these operate and provide everybody a The Senator from New York. nominees. chance to be heard, but I will proceed. Mr. SCHUMER. Madam President, I As for the current nominee pending I wish to speak to the nomination of believe we have 37 minutes remaining; on the floor, he is somebody who de- Jack McConnell to the Federal district is that right, 19 and 18? serves nomination. When we ask about bench. I spoke on this nomination yes- The ACTING PRESIDENT pro tem- nominees, we are concerned the stand- terday. I have authored an op-ed piece pore. Correct. ard used by my colleagues is, would I in the Washington Times expressing Mr. SCHUMER. I know Senator have nominated this person, rather my concern. I wish to summarize my LEAHY wants to close with 5 minutes. than is this person whom I might not concerns for my colleagues’ benefit and So what we could do, equitably, is have nominated in the mainstream? their consideration. give each of the six Members on the Jack McConnell is clearly in the main- I serve as a member of the Judiciary floor 5 minutes. stream. He has more than 25 years’ ex- Committee, as does the Senator from Ms. LANDRIEU. I have to object to perience as a lawyer in private prac- Iowa, Mr. GRASSLEY. Before the Senate that. tice. Leading Republican figures in Judiciary Committee, this nominee Mr. SCHUMER. OK. Madam Presi- Rhode Island have endorsed him. But was asked about allegations of theft of dent, I have the floor and I ask to be he has garnered opposition not because corporate documents arising out of recognized. of his qualifications but because of his some lead paint litigation that his law The ACTING PRESIDENT pro tem- clients. That is not fair, that is not firm was pursuing in the State of pore. The Senator from New York. right, and that is not how we do judi- Rhode Island. That has been the sub- f cial nominees. ject of some discussion. He has chosen his work as a private COURT VACANCIES I will ask unanimous consent to have lawyer, and that has no bearing on his several documents printed in the Mr. SCHUMER. Madam President, I judicial temperament, his interpretive RECORD at this time. rise to talk about a serious crisis in the philosophy or his legal acumen. In the First, I ask unanimous consent that third branch of government; that is, interest of my colleagues who require after my comments, the complaint of the rate of vacancies in the U.S. dis- more time, I would urge, at the very the Sherwin Williams Company v. Mot- trict courts. least, that people take the standard of ley Rice and others be printed in the There is a crisis that is unlike almost the Senator from Tennessee—don’t RECORD. all the other issues we grapple with on block cloture on this nominee. If you The ACTING PRESIDENT pro tem- a daily basis. It has a very simple solu- think he is not qualified, vote against pore. Without objection, it is so or- tion. My colleagues and I deal with a him. dered. lot of very difficult and very divisive Jack McConnell deserves to be on the (See exhibit 1.) problems every day. Not many of them bench. I am glad Leader REID has Mr. CORNYN. I ask one further unan- lend themselves to solutions that are called him, and Senators REED and imous consent, and that would be that

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6563 an article from Legal Newsline about a Stuart Taylor—I think one of the more Mount Pleasant, SC 29464 And JOHN DOES, discovery dispute still delaying the res- level-headed commentators about legal Defendants. olution of the theft case against Mot- matters—has said, that this has indeed Complaint ley Rice be printed in the RECORD. morphed the rule of law into the rule of JOHN P. O’DONNELL The ACTING PRESIDENT pro tem- lawyers, and ultimately consumers will CV 09 689237. pore. Without objection, it is so or- have to pay more in terms of higher The Sherwin-Williams Company (‘‘Sher- dered. prices and the lawyers reap a windfall. win-Williams’’), for its Complaint against (See exhibit 2.) The very same lawyers who are hired Motley Rice LLC (‘‘Motley Rice’’) and other unknown persons, alleges as follows: Mr. CORNYN. What I think these through these no-bid, noncompete con- documents demonstrate is that not tracts are indeed the political sup- INTRODUCTION AND NATURE OF CLAIM only did Mr. McConnell intentionally porters of these very same attorneys 1. The law firm of Motley Rice has rep- mislead the Senate Judiciary Com- general, raising at least the appearance resented since 1999 the Rhode Island Attor- mittee with regard to his possession of ney General, other government officials, and of impropriety and a pay-to-play sys- private individuals in highly contentious these stolen documents, but now there tem of providing litigation opportuni- public nuisance and personal injury lawsuits has been for some years—even after the ties to these lawyers from which they filed against Sherwin-Williams and other lead paint cases have been essentially reap billions of dollars and after which former manufacturers of lead paint and pig- dismissed by the Rhode Island Supreme they funnel campaign contributions ments. Court with the State and Mr. McCon- back to the very same State officials 2. Without the knowledge or consent of nell and his law firm having lost—on- who have, in fact, authorized them to Sherwin-Williams, Motley Rice has somehow going litigation by one of the defend- sue on behalf of the State. This is un- obtained stolen copies of PowerPoint slides ants in that case suing for tortious in- used by Sherwin-Williams’ Associate General seemly, to say the very least about it. Counsel—Litigation to advise the Company’s terference with their property; also Finally, I would say Mr. McConnell Board of Directors on the costs of defending conversion—in other words, theft, as continues by his own admission to be the lead paint and pigment litigation, among the Presiding Officer knows—of their eligible to receive up to $3.1 million a other information, and his analysis of poten- private, proprietary documents, includ- year in one of these shakedown-indus- tially available insurance coverage for that ing their litigation strategy, including try lawsuits where these trial lawyers litigation—an issue that Sherwin-Williams their trade secrets and the like. have worked with State attorneys gen- was actively litigating with its insurers in a The article, dated April 21, 2011, that eral to sue on behalf of the State, not separate action. Those documents contain highly confidential, proprietary business in- I have made part of the record shows in cases that were actually tried but that dispute over the theft of these formation and are also protected by the at- were actually settled under an existen- torney-client privilege and the attorney documents remains unresolved. In tial threat to these businesses and work product doctrine. other words, Mr. McConnell and his law these industries. 3. It appears that Motley Rice, at the time firm’s participation in this ongoing dis- At a time when we are talking, as it received those slides, wrongfully obtained pute remains unresolved. I don’t know Senator PORTMAN did, about job cre- other Sherwin-Williams’ confidential, propri- why the majority leader would choose ation, the idea that we would be con- etary, and privileged documents from the to bring up a nomination of somebody firming a lawyer to a lifetime appoint- same person who is unknown to Sherwin- for a lifetime appointment to the Fed- ment to the Federal bench where he Williams. All of Sherwin-Williams’ confiden- eral bench when serious allegations tial, proprietary, and privileged documents could then serve as a venue, given the taken without authorization will be referred about his law firm’s participation and venue shopping that frequently goes on to as ‘‘Documents’’ in this Complaint. his personal participation in the theft in this type of litigation, we can ex- 4. Despite repeated requests by Sherwin- of corporate documents in pursuit of pect, if Mr. McConnell finds himself Williams, and despite Motley Rice’s admis- litigation remains unresolved. I think confirmed as a Federal judge, that in sion that it obtained Sherwin-Williams’ Doc- it is a terrible mistake. the future litigants will find a warm uments through its own efforts, Motley Rice I know the Senator from New York reception in his court to these ethi- has refused to reveal how it obtained Sher- suggests we ought to just go ahead and cally dubious schemes. win-Williams’ stolen Documents; to identify vote on cloture because he knows then all Sherwin-Williams’ Documents in its pos- I think it is an extraordinary cir- session; to provide them to a court for in that because our Democratic friends cumstance according to the standards camera review; or to return Sherwin-Wil- control 53 votes in the Senate, Mr. set by the so-called Gang of 14. It is not liams’ Documents. McConnell will be confirmed. But I am something we will be doing often. But 5. By this action, Sherwin-Williams seeks concerned that because the ethical al- when an ethically flawed nominee such to uncover how Motley Rice obtained the legations made against Mr. McConnell as this nominee is proposed by the Documents, to protect and secure the return and his law firm remain unresolved, President of the United States on three of its stolen Documents from Motley Rice, to prevent any use of those Documents or infor- this is a terrible time for us to be vot- different occasions, and Senator REID, ing on a lifetime tenure. If he were to mation contained in them, and to be com- the majority leader, as is his right, pensated for the harm caused to Sherwin- be confirmed and we find out later on tries to slip this stealth nominee Williams by Motley Rice’s wrongful acquisi- that the court actually finds he did through when people are paying attention and use of those Documents. participate in this conspiracy to steal tion to other things, and we have not THE PARTIES these corporate documents, what would had adequate time to debate and ex- 6. Sherwin-Williams is a corporation orga- that say about the Senate and about pose in the record so Senators can nized under the laws of the State of Ohio, this process, our deliberative process? I make a good judgment about the facts with its principal place of business in Cleve- think it would be a scandal. It would be and do their duty as individual Sen- land, Ohio. a scandal. ators, I think it is a terrible shame. 7. Motley Rice LLC is a limited liability Finally, let me say I have expressed I intend to vote against cloture, and company incorporated under the laws of my concerns previously about the I hope my colleagues will so we can South Carolina. It has its principal place in scheme that a group of very smart trial have additional time to review this Mt. Pleasant, South Carolina and has another office in Providence, Rhode Island. lawyers have dreamed up to sue legal nominee’s credentials and make a industries for huge amounts of money 8. The John Does are persons presently un- good-faith assessment on behalf of all known to Sherwin-Williams who assisted, by making alliances with State attor- of our constituents. aided, and abetted Motley Rice in the neys general and then suing in the EXHIBIT 1 tortious acts alleged in this Complaint. The name of the State but then in the end IN THE COURT OF COMMON PLEAS John Does are believed to be residents of the settling these cases for billions of dol- CUYAHOGA COUNT, OHIO State of Ohio. lars—in some cases, hundreds of bil- THE SHERWIN WILLIAMS COMPANY, JURISDICTION AND VENUE lions of dollars—and these lawyers 101 Prospect Avenue, N.W., Cleveland, OH 9. Motley Rice has caused tortious injury reaping a windfall of billions of dollars 44115 (Plaintiff), v. MOTLEY RICE LLC, Mot- in this State by an act or omission in Ohio in attorney’s fees. That is something ley Rice LLC, 28 Bridgeside Boulevard, and by acts outside of Ohio committed with

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6564 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 the purpose of injuring Sherwin-Williams, 16. Motley Rice attorneys frequently came for Costs (‘‘Supplemental Memorandum’’). which resides in Ohio. Motley Rice also regu- into Ohio in 2006 to meet and communicate Because Motley Rice is obligated under its larly conducted business in Ohio during the with mayors and members of the executive contingency fee agreement with the Rhode time of the alleged tortious acts. Thus, this and legislative branches of local govern- Island Attorney General to pay all costs of Court has jurisdiction over Motley Rice pur- ments in order to persuade them to retain the Rhode Island Litigation, it has a direct, suant to Ohio Revised Code 2307.382(A)(3)–(4), Motley Rice to bring public nuisance law- personal financial self-interest in whether (6), (7). suits against Sherwin-Williams and other the Rhode Island Superior Court awards 10. Venue is proper in Cuyahoga County be- former lead pigment manufacturers. Begin- costs to Sherwin-Williams and, if so, the cause part of the activity that gave rise to ning in September 2006, Motley Rice was re- amount of costs. the claim for relief took place in this Coun- tained to sue Sherwin-Williams and others 25. The State’s Supplemental Memo- ty. Ohio R. Civ. Pro. 3(B)(3). Additionally, on behalf of the cities of Akron, Athens, Can- randum, which Motley Rice prepared, signed, venue is proper in Cuyahoga County because ton, Cincinnati, Columbus, Dayton, East and filed, contained as an exhibit a copy of all or part of the claim for relief arose in this Cleveland, Massillon, Lancaster, Toledo, and the PowerPoint slides used by Sherwin-Wil- County. Ohio R. Civ. Pro. 3(B)(6). Youngstown and the Stark County Housing liams’ Associate General Counsel—Litiga- FACTS Authority. It signed a contingency fee agree- tion during his presentation to the Board of 11. In the course of conducting its business, ment for each city. Motley Rice moved for, Directors in October 2004. The first slide Sherwin-Williams creates and maintains and was allowed, leave to appear as counsel identified the speaker as Sherwin-Williams’ confidential, proprietary, and privileged in- pro hac vice in state court for each Ohio Associate General Counsel—Litigation. The formation and documents. Included among plaintiff. Motley Rice wrote, appeared as second slide showed the company’s cost to those documents are materials generated by counsel, and submitted complaints for each that date of defending the lead paint and pig- Sherwin-Williams’ attorneys to provide ad- Ohio plaintiff. It wrote and submitted briefs ment litigation. The third slide presented vice to Sherwin-Williams’ Board of Directors in every Ohio case in which defendants filed the Associate General Counsel’s analysis and concerning ongoing litigation strategy, an- a motion to dismiss or other pre-trial papers. opinion regarding potentially available in- ticipation of litigation, developments and Motley Rice attorneys appeared in Ohio surance coverage for that litigation, a mat- costs of defense as well as potentially avail- Common Pleas Courts located in Canton, ter then and still in dispute with its insurers. able insurance coverage for litigation liabil- Cincinnati, Cleveland, and Toledo to argue The presentation contained confidential in- ities and defense costs. motions, and it responded to public records formation, was prepared to provide legal ad- 12. Sherwin-Williams’ attorneys have fre- requests on behalf of various cities. vice to the Board of Directors, and was in- quently met with the Board of Directors to 17. Through the public nuisance and per- tended to be confidential and privileged. The discuss the lead paint and pigment litigation sonal injury litigation against Sherwin-Wil- Directors were not allowed to keep copies of and the disputes and litigation with its in- liams and others, Motley Rice was and still those slides (hereinafter ‘‘October 2004 Con- surers to obtain reimbursement of defense is attempting to gain millions of dollars in fidential Board Slides’’). Because Sherwin- costs and any potential judgments in the fees for itself. Williams considered the information in the lead paint and pigment litigation. The oral 18. Motley Rice’s representation of cities in October 2004 Confidential Board Slides to be and written presentations by Sherwin-Wil- Ohio continued until at least July 2008. Its confidential, proprietary, and privileged, it liams’ attorneys to the Company’s Board of representation was ultimately unsuccessful, has not publicly disclosed that information. 26. Sherwin-Williams never produced in Directors are intended to be confidential and as every Ohio city’s complaint was either any lawsuit the documents or information protected by the attorney-client privilege voluntarily dismissed or dismissed by court contained in the October 2004 Confidential and attorney work product doctrine. Presen- order. Board Slides. Nor has Sherwin-Williams tations to the Board of Directors may also 19. In or about 2006, while Motley Rice was knowingly produced the October 2004 Con- contain confidential and proprietary busi- soliciting Ohio cities to retain it, one or fidential Board Slides to any person outside ness information, such as strategies for more attorneys from Motley Rice, including the company. On their face, the October 2004 other litigation, trade secrets for new prod- Fidelma Fitzpatrick, met with a former Confidential Board Slides show that they ucts, acquisition plans, employment policies, Sherwin-Williams employee at Cleveland contain confidential and proprietary infor- and other sensitive, competitive informa- Hopkins Airport. This former employee had mation and that they were created and used tion. For these reasons, all minutes of and been responsible for preparing the for the purpose of providing legal advice and presentations at Sherwin-Williams’ Board of PowerPoint slides and other graphics used Directors’ meetings are kept strictly con- analysis. during presentations made to Sherwin-Wil- fidential and are securely maintained with 27. The copy of the October 2004 Confiden- liams’ Board of Directors in 2004, 2005, and restricted access at the company. tial Board Slides that Motley Rice attached 13. Since October 1999, the State of Rhode earlier years. Sherwin-Williams did not to its Supplemental Memorandum bears a Island, through its Attorney General, has re- know of this secret meeting. fax line at the top reflecting that it was one tained Motley Rice to sue certain former 20. At no time in meeting with the former page of a 34-page fax sent by an unidentified manufacturers of lead pigments used in ar- Sherwin-Williams employee did any Motley person from a FedexKinko’s in Akron, Ohio. chitectural paints decades ago, including Rice attorney caution him not to disclose or The 34-page fax containing the October 2004 Sherwin-Williams, for allegedly creating a discuss any confidential, privileged, or pro- Confidential Board Slides was sent on Sep- public nuisance (‘‘Rhode Island Litigation’’). prietary information or document belonging tember 12, 2006 from the fax number (330) 668– Under a contingency fee agreement with the to Sherwin-Williams. 1105; the receiving number is not identified. Rhode Island Attorney General, Motley Rice 21. During the meeting, the former Sher- 28. On information and belief, the other 33 and other counsel are responsible for all win-Williams employee provided Motley Rice pages of the fax contain highly confidential costs and expenses of prosecuting the claims with the names of other former employees, and proprietary business information, in- in the Rhode Island Litigation. several of whom may have had a role in pre- cluding information regarding strategies in 14. Since the commencement of the Rhode paring, or would likely have had access to, other litigation, proposed business strate- Island Litigation, Motley Rice has been re- Board presentation materials. gies, plans for geographic expansion and tained by local governments in California, 22. On July 1, 2008, the Rhode Island Su- market growth, potential mergers or acquisi- New Jersey, and Ohio to bring similar public preme Court unanimously ruled in favor of tions, retail partnerships, and sensitive in- nuisance lawsuits against Sherwin-Williams Sherwin-Williams and other defendants in formation regarding the company’s finances. and other former lead pigment manufactur- the Rhode Island Litigation, reversing a jury 29. On information and belief, the other 33 ers. Motley Rice also tried unsuccessfully to verdict in favor of the State and holding that pages of this fax are or were in the posses- obtain representation of the cities of St. the complaint should have been dismissed at sion of Motley Rice. Louis and Milwaukee as part of its con- the outset. 30. To this date, despite Sherwin-Williams’ tinuing campaign to launch public nuisance 23. After the Rhode Island Supreme Court’s request, Motley Rice has refused to (a) ex- lawsuits against Sherwin-Williams and other ruling, Sherwin-Williams filed a motion in plain how it came into possession of the Oc- former lead pigment manufacturers all the trial court, called the Superior Court, for tober 2004 Confidential Board Slides; (b) con- across the country. The public nuisance law- entry of final judgment in its favor, includ- firm if it has the other 33 pages of the fax; suits seek to require several, out of many, ing an award of costs incurred in defending and (c) identify and return Sherwin-Wil- former lead pigment manufacturers, includ- the lawsuit. Although Sherwin-Williams has liams’ Documents. ing Sherwin-Williams, to remediate all lead not yet submitted an itemized bill of costs, 31. Motley Rice deliberately obtained, paint in all buildings. Motley Rice submitted a bill of costs for the kept, and used copies of the October 2004 15. Also, since 1999, Motley Rice has rep- State exceeding $1.9 million when it initially Confidential Board Slides and other docu- resented dozens of individual plaintiffs in prevailed in the trial court. ments belonging to Sherwin-Williams while Wisconsin who have sued Sherwin-Williams 24. On September 24, 2008, Motley Rice, on it knew or should have known that those and other former lead pigment manufactur- behalf of the State of Rhode Island, filed in documents had been taken without Sherwin- ers alleging personal injuries from elevated the Superior Court a Supplemental Memo- Williams’ authorization and were confiden- blood lead levels. randum in Opposition to Defendants’ Motion tial, proprietary, and privileged. Motley Rice

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6565 acted for its own financial self-interest and it was wrongfully obtaining, keeping, and the purpose of causing substantial harm to gain and in conscious disregard of Sherwin- using property belonging to Sherwin-Wil- Sherwin-Williams. Williams’ legal rights and property interests. liams. 59. Wherefore, Sherwin-Williams requests COUNT I 45. Sherwin-Williams has requested Motley compensatory damages in an amount exceed- Rice to return Sherwin-Williams’ Docu- ing $25,000, punitive damages, costs, and rea- CONVERSION ments. sonable attorneys’ fees. 32. Sherwin-Williams incorporates by ref- 46. Motley Rice has deliberately and COUNT IV erence its allegations in Paragraph 1 through wrongfully refused to return Sherwin-Wil- REQUEST FOR TEMPORARY RESTRAIN- 31 of this Complaint. liams’ property, and it has chosen to use ING ORDER, PRELIMINARY INJUNC- 33. Sometime before September 24, 2008, Sherwin-Williams’ Documents for its own fi- TION, AND PERMANENT INJUNCTION Motley Rice intentionally and wrongfully nancial advantage and to the substantial obtained and kept without Sherwin-Wil- detriment of Sherwin-Williams. 60. Sherwin-Williams incorporates by ref- liams’ knowledge or permission its Docu- 47. Motley Rice continues to retain and re- erence the allegations of Paragraphs 1 ments, including the October 2004 Confiden- fuses to identify and return Sherwin-Wil- through 59 of the Complaint. tial Board Slides and, on information and be- liams’ Documents without any right or privi- 61. Pursuant to Ohio Rule of Civil Proce- lief, the documents sent with the September lege to do so. dure 65(A), Sherwin-Williams requests the 16, 2006 fax. Motley Rice may also have addi- 48. At all relevant times until present, Court to issue a Temporary Restraining tional Sherwin-Williams’ Documents. Motley Rice has acted with malice and con- Order prohibiting Motley Rice, any of its at- 34. Motley Rice knew, or should have scious disregard of Sherwin-Williams’ legal torneys, employees, or agents, and each John known, that the October 2004 Confidential rights and property interests. Motley Rice Doe from: Board Slides and the Documents sent with wrongfully obtained, kept, and used Sher- (a) Using or reproducing Sherwin-Williams’ the September 12, 2006 fax are the property of win-Williams’ stolen Documents for the pur- Documents; Sherwin-Williams. pose of harming Sherwin-Williams and for (b) transferring, conveying, disclosing, or 35. Motley Rice knew, or should have Motley Rice’s own economic gain. communicating in any manner Sherwin-Wil- known, that the Documents were taken from 49. Wherefore, Sherwin-Williams is entitled liams’ Documents or their contents to any Sherwin-Williams and provided to Motley to the immediate identification and recovery person; Rice without Sherwin-Williams’ knowledge of its Documents in the possession, custody, (c) destroying any Sherwin-Williams’ Doc- or permission. and control of Motley Rice or its attorneys, uments or any copies of any such Docu- 36. Motley Rice also knew, or should have employees, and agents, damages in an ments, including electronically stored infor- known, that it had no right to possess or use amount exceeding $25,000, punitive damages, mation; (d) destroying or disposing of any Docu- Sherwin-Williams’ stolen Documents. Never- costs, and reasonable attorneys’ fees. theless, in conscious disregard of Sherwin- ments, including electronically stored infor- COUNT III Williams’ legal rights and property interests, mation, that constitute, show, or discuss Motley Rice chose to obtain, keep and use AIDING AND ABETTING TORTIOUS how Motley Rice obtained, received, dis- those Documents for its own financial ben- CONDUCT closed, used, or communicated Sherwin-Wil- efit in the Rhode Island Litigation and to at- 50. Sherwin-Williams incorporates by ref- liams Documents. tempt to cause substantial harm to Sherwin- erence the allegations of Paragraphs 1 In addition, Sherwin-Williams requests Williams. through 49 of the Complaint. that a Temporary Restraining Order require 37. At all relevant times until present Mot- 51. Each John Doe owed to Sherwin-Wil- Motley Rice to: ley Rice has acted with malice and conscious liams the duty of loyalty and good faith and (e) immediately file with the Clerk of disregard of Sherwin-Williams’ legal rights the duty to maintain the confidentiality of Court under seal all originals and copies of and property interests. By wrongfully ob- Sherwin-Williams’ proprietary and privi- Sherwin-Williams’ Documents in the posses- taining, retaining possession of, and using leged documents. sion, custody, or control of Motley Rice or Sherwin-Williams’ stolen Documents for 52. Each John Doe breached these duties by any of its attorneys, employees, or agents; Motley Rice’s own advantage and self-inter- wrongfully converting Sherwin-Williams’ and (f) identify all persons (i) who have pos- est with the intent to harm Sherwin-Wil- Documents and providing them without session, custody, or control of Sherwin-Wil- liams, Motley Rice has converted and con- Sherwin-Williams’ knowledge or permission liams’ Documents, or (ii) who provided or tinues to convert Sherwin-Williams’ prop- to Motley Rice, which had no privilege or sent those Documents directly or indirectly erty. right to obtain or possess those Sherwin-Wil- to Motley Rice or any of its attorneys, em- 38. By refusing to return Sherwin-Wil- liams’ Documents. ployees, or agents. liams’ Documents despite Sherwin-Williams’ 53. Motley Rice wrongfully obtained, kept, 62. A temporary restraining order is nec- request to identify and return those Docu- and used Sherwin-Williams’ Documents that essary to preserve Sherwin-Williams’ valu- ments, Motley Rice continues to the present Motley Rice knew, or should have known, able property rights in its Documents and day to wrongfully convert Sherwin-Williams’ were taken or obtained without Sherwin-Wil- confidential business information. property. liams’ knowledge or permission and in 63. Sherwin-Williams will suffer irrep- 39. Wherefore, Sherwin-Williams requests breach of each John Doe’s duties to Sherwin- arable harm if Defendants are permitted to compensatory damages in an amount in ex- Williams. transfer, release, possess, use, disclose, or cess of $25,000, punitive damages, costs, and 54. By using Sherwin-Williams’ Documents communicate in any manner Sherwin-Wil- reasonable attorneys’ fees. in the Rhode Island Litigation, Motley Rice liams’ Documents and confidential business assisted, aided, and abetted each John Doe, information. COUNT II and each John Doe assisted, aided, and abet- 64. Sherwin-Williams further requests the REPLEVIN ted Motley Rice, in tortious conduct harm- Court, after appropriate hearing, to enter a 40. Sherwin-Williams incorporates by ref- ing Sherwin-Williams. preliminary and permanent injunction erence the allegations in Paragraphs 1 55. By wrongfully obtaining, keeping, and granting the same relief requested in para- through 39 of this Complaint. using Sherwin-Williams’ Documents that it graph 60 (a), (b), (e) and (1) and, in addition, 41. Sherwin-Williams created and is the knew, or should have known, were stolen or requiring Motley Rice to immediately return sole rightful owner of its Documents now wrongfully obtained by each John Doe with- all originals and copies of Sherwin-Williams’ wrongfully obtained, possessed, and used by out Sherwin-Williams’ knowledge or permis- Documents, all documents discussing the Motley Rice without Sherwin-Williams’ per- sion, Motley Rice assisted, aided and abetted contents of those Documents, and all docu- mission, including, but not limited to, the each John Doe’s tortious conduct. ments reporting or discussing confidential, October 2004 Confidential Board Slides and, 56. By wrongfully taking or obtaining proprietary or privileged communications on information and belief, the documents Sherwin-Williams’ Documents and providing between Sherwin-Williams’ attorneys and its sent with the September 12, 2006 fax. those Documents to Motley Rice without directors, officers or employees, in the pos- 42. No one has the right to possess, retain, Sherwin-Williams’ knowledge or permission, session, custody, or control of Motley Rice or use Sherwin-Williams’ Documents with- each John Doe assisted, aided, and abetted or any of its attorneys, employees, or agents. out the permission of its Board or manage- Motley Rice in its tortious conduct. 65. Pursuant to Ohio Revised Code § 2737.03, ment. 57. By wrongfully retaining without per- Sherwin-Williams requests this Court to 43. Motley Rice has wrongfully obtained, mission and refusing to identify and return issue an order requiring Motley Rice to re- kept, and used Sherwin-Williams’ Docu- Sherwin-Williams’ Documents, each John turn all of Sherwin-Williams’ Documents, all ments without Sherwin-Williams’ permis- Doe has assisted, aided, and abetted Motley documents discussing the contents of those sion. Rice’s tortious conduct. Documents, and all documents reporting or 44. Motley Rice knew or should have 58. Each John Doe and Motley Rice have discussing confidential, proprietary or privi- known that those Documents were taken acted at all relevant times until present with leged communications between Sherwin-Wil- from Sherwin-Williams without Sherwin- conscious disregard for Sherwin-Williams’ liams’ attorneys and its directors, officers or Williams’ knowledge or permission, and that legal rights and property interests and for employees, in the possession, custody, or

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SOZIO, could not receive documents protected by mended Mr. McConnell for his involve- Attorney I.D. No. privilege, the company says. ment and the involvement of his oppos- 0032405. A trial was scheduled for last year but it ing counsels in this case. JONES DAY, was postponed. No new trail date has been Let me also try to respond to the Counsel for Plaintiff, set. issue of the so-called shakedown suits. Sens. Sheldon Whitehouse and Jack Reed The Sherwin-Wil- One of the participants in those shake- liams Company. recommended McConnell to fill a vacancy in U.S. District Court in Rhode Island last year. down suits is a current circuit court Whitehouse is a member of the Judiciary judge, whom my colleague voted for. EXHIBIT 2 Committee. He is on the Third Circuit Court of Ap- [From Legal Newsline.com, Apr. 21, 2011] ‘‘Jack McConnell is a brilliant legal mind peals in Pennsylvania. He was a Repub- DISCOVERY DISPUTE DELAYING THEFT CASE and an outstanding community leader. We lican Attorney General of Pennsyl- AGAINST MOTLEY RICE believe he possesses the experience, intellect, vania. He worked with Mr. McConnell (By John O’Brien) and temperament to be a judge on the U.S. in a path-breaking suit to bring to- District Court for Rhode Island,’’ a state- CLEVELAND (Legal Newsline)—The court bacco companies to justice and to pro- battle over the alleged theft of confidential ment released by the senators said. Whitehouse, then the attorney general, vide States billions of dollars to relieve documents by plaintiffs firm Motley Rice is the dangers and the harm caused by to- stagnant as Sherwin-Williams attempts to hired McConnell and his firm Motley Rice to make the firm respond to its discovery re- file lawsuit against the former makers of bacco. This judge, this Federal circuit quests. lead paint in 1999. judge, testifies to the integrity and the The state Supreme Court unanimously According to the online docket for the character of Jack McConnell. I am in- struck down a verdict for the plaintiffs in Cuyahoga County Court of Common Pleas, deed appalled that his integrity would 2008. Sherwin-Williams says Motley Rice pro- Sherwin-Williams has filed a motion to com- duced the part of the PowerPoint presen- be questioned in such a way. pel the firm to respond to written discovery tation concerning litigation costs when the With respect to statements before deposition requests. Motley Rice, which filed company argued the plaintiffs should be lia- the Senate Judiciary Committee, they lawsuits against Sherwin-Williams and other ble for its attorney fees. have been consistent. He has said, with paint companies over lead-based paint, alleg- After Whitehouse left the Attorney Gen- edly obtained privileged documents stolen by respect to these documents, these al- eral’s Office, McConnell and his wife pumped the company from a former employee. legedly stolen documents, ‘‘I saw the $12,600 into his campaign fund. WHITEHOUSE According to a Jan. 31 order, Sherwin-Wil- documents prior to suit being filed in took office in 2007. Ohio.’’ Again, this second suit is really liams is filing a supplemental brief in sup- Since 2001, the McConnells have given Reed port of its motion to compel Motley Rice’s $13,200, including $8,800 for his 2008 re-elec- retaliation by the companies in order answers. Some of the case, which could have tion campaign. to express their great anger at being an impact on the pending nomination of McConnell also represented some states in sued in Rhode Island. ‘‘I saw the docu- Motley Rice attorney Jack McConnell to a their lawsuits against the tobacco industry. ments prior to suit being filed in Ohio. federal judgeship in Rhode Island, has been His work, and the work of other private at- I briefly saw them when they were first filed under seal. torneys, led to the 1998 Tobacco Master Set- The Wall Street Journal mentioned the faxed to our law firm and then again a tlement Agreement. It has an estimated few years later, I saw them when we case in a recent editorial. McConnell’s nomi- worth of $246 billion over its first 25 years nation was recently approved by an 11–7 vote and allows for annual payments made to the submitted one page of the documents of the Senate Judiciary Committee, and the attorneys who litigated the case. to the court in Rhode Island. I would matter will now go to the full Senate. A post by Judicial Watch says McConnell not say I was familiar with the docu- ‘‘In response to written questions from Ar- will receive between $2.5 million and $3.1 ments in any fashion.’’ He makes no izona Senator Jon Kyle in May 2010, Mr. million annually until 2024 as a result of the bones about the fact that he saw those McConnell told the committee he wasn’t settlement. very involved in the lead paint case, was not documents. Then the debate seems to Through the years, he and his wife have be, the quibble seems to be not about a familiar with the documents in question and given more than $600,000 to the Democratic had no reason to believe he’d be one of the Party and its candidates, including Obama. clear misstatement but what—‘‘famil- defendants in the Ohio lawsuit. In deposition Obama nominated him in March 2010. iar’’ means. I think he was being very testimony in September 2010, however, his The Institute for Legal Reform, an affiliate careful. I think if a lawyer says: I was memory was suddenly refreshed,’’ the edi- of the U.S. Chamber of Commerce, is one of familiar with the documents, it means torial says. the groups opposing McConnell’s nomina- they have read them thoroughly, they ‘‘He was the first lawyer in his office to re- tion. The ILR owns Legal Newsline. read them carefully. He couldn’t say view the documents, signed a brief which incorporated portions of them and even helped Mr. REED. Madam President, I pro- that. This came over his desk, was write an article about the information.’’ pose a unanimous consent agreement quickly out of his hands and quickly in Because of his ‘‘changing story,’’ the WSJ that would recognize myself for 5 min- the hands of others. doesn’t feel he is worthy of a spot on the utes, Senator GRASSLEY for 5 minutes, Again, all these allegations of un- bench. Senator LEAHY for 5 minutes, and then scrupulous behavior, unethical behav- McConnell and Motley Rice’s Rhode Island Senator SNOWE and Senator LANDRIEU ior have never been supported by any office represented several states and munici- for 10 minutes each. finding. There is a case in Ohio. It is palities in the lead paint litigation, which The ACTING PRESIDENT pro tem- not directly against Jack McConnell. alleged paint companies had created a public nuisance by manufacturing lead paint before pore. Is there objection? Without objec- He is not a named party. It is his law its federal ban in 1978. Public nuisance tion, it is so ordered. firm. He is one of many people in the claims have no statute of limitations, like Mr. REED. Madam President, this is law firm. There are suits filed against product liability claims do. The suits were not a stealth nomination. Mr. McCon- organizations, I would suspect, fre- largely unsuccessful. nell has been approved and voted by quently. Is every member of the orga- Along the way, Sherwin-Williams claims, the committee three separate times. nization involved? I suspect not. Motley Rice obtained a PowerPoint presen- This has already lasted years. There is Finally, let me just respond to this tation given by the company’s attorney’s to nothing stealthy about it. That is an notion of, well, this is just an elaborate its board of directors. The presentation out- exaggeration and completely inac- arrangement between attorneys gen- lined litigation costs and possible coverage by its insurers. curate. eral and Jack McConnell. Again, the The company said the presentation was Let me suggest in response to all the process for this suit started with a Re- protected by attorney-client privilege, but ethical claims or allegations, Mr. publican attorney general. The suc- Stephen Walker met with Motley Rice at McConnell has never had an ethics ceeding attorney general was, indeed,

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our colleague SHELDON WHITEHOUSE. University Law School, has been retained in The Greater Providence Chamber of Com- They scrupulously had a contract that these high-profile lawsuits because of the merce has never endorsed nor opposed nomi- was reviewed by the court. In fact, the ability and strenuous work ethic he has nees vying for the federal or state judiciary. shown time and time again. In a similar vein, we have never endorsed nor court had to approve any payments to Jack McConnell has had very close ties opposed candidates seeking elective office on McConnell’s firm. That is the judge’s with the Democratic Party, to whose can- the federal, state or municipal levels. call, not the attorney general’s call. didates he has given a lot of money. But The Greater Providence Chamber of Com- Interestingly enough, in response to many federal judges have had close political merce has enjoyed a very positive working this whole suggestion that there is this links before being named to the bench. The relationship with Senator Reed and Senator cozy deal going on here—Jack McCon- judgeship-nomination process can rarely be Whitehouse, and we respect their right and nell is such a principled and active separated from politics in varying degrees, ability to put forth qualified nominees to the Democrat that when my colleague ran as even a cursory look at the backgrounds of United States District Court. state and federal judges will demonstrate. We would point out that Mr. McConnell is for Governor of Rhode Island, Jack Many over the years had been elected offi- a well respected member of the local commu- McConnell handled the successful cam- cials and/or highly partisan Democrats or nity, leading important civic, charitable and paign of his opponent, a woman with Republicans but have displayed great judi- economic development institutions including whom he felt more aligned in terms of cial judgment, disinterestedness and inde- Crossroads Rhode Island, the Providence her philosophy, in terms of her com- pendence when they achieved the protective Tourism Council and Trinity Repertory The- mitment to issues he cared about. Sen- tenure of the bench. atre. But in any case, Jack McConnell, in his ator WHITEHOUSE lost that race—unfor- U.S. COURT OF APPEALS tunate for the State of Rhode Island, legal work and community leadership, has shown that he has the legal intelligence, FOR THE THIRD CIRCUIT, fortunate, I think, for the U.S. Senate. character, compassion and independence to Pittsburgh, PA, May 11, 2010. So this suggestion, this notion that be a distinguished jurist. Indeed, given his Hon. PATRICK LEAHY, this is all a cozy deal that has been understanding of the ‘‘little guy,’’ Mr. Chairman, Senate Judiciary Committee, worked out is absolutely erroneous. McConnell could serve as something of a Washington, DC. The overwhelming consensus of law- healthy offset to the corporate-lawyer back- DEAR CHAIRMAN LEAHY: I write at this time yers, clergy, everyone in Rhode Island, grounds and attitudes that so many judges to most favorably recommend John J. business leaders, is this is one of the have. And his deep knowledge of environ- McConnell who has been nominated by the mental law could be of particular impor- President to the U.S. District Court for the most honest and ethical persons you District of Rhode Island. would ever want to know. Frankly, tance in coming years as such issues come to the fore more often. We hope that the Senate I met and worked with Mr. McConnell that was the ultimate issue that confirms him. when I was the elected Attorney General of prompted me to recommend him to the Pennsylvania from 1996–2003. We worked very President of the United States. He is a [From the Providence Journal, Nov. 23, 2010] closely together on the national tobacco litigation which resulted in the $206 Billion 1998 decent man of character, and I think EDITORIAL: STILL CONFIRM MCCONNELL the assault on his character is unprece- Master Settlement Agreement. I was des- As we have said (‘‘Confirm McConnell,’’ ignated by my Attorney General colleagues dented, as well as this assault on allow- editorial, May 14) Providence lawyer John to be part of the national negotiating team ing a district court judge to have an (‘‘Jack’’) McConnell is highly qualified to be and worked closely with Mr. McConnell who up-or-down vote. a U.S. District judge. He’s one of America’s was part of that team along with his partner Mr. President, I ask unanimous con- most able and successful litigators, and has from Ness Motley, Joe Rice. We spent consid- been a very energetic and generous leader in sent to have printed in the RECORD let- erable time together in New York and at philanthropies and other parts of community ters of support for Jack McConnell’s meetings elsewhere and I had the unique op- life. portunity to assess Mr. McConnell’s legal nomination to the United States Dis- But Republicans in the U.S. Senate seem abilities and his character, which were both trict Court for the District of Rhode Is- determined to derail his nomination, both outstanding. He was one of our key people in because they dislike Mr. McConnell’s fre- land, as well as editorials on the developing strategy, drafting documents and quent past support of Democratic candidates McConnell nomination from the Provi- evaluating various provisions of this land- and, more generally, because they want to do dence Journal. mark settlement. There being no objection, the mate- anything they can to defeat President In addition to his work with the state At- Obama, who nominated him. torneys General in that case, Mr. McConnell rial was ordered to be printed in the To say that the current mood of Congress has been involved in major litigation in the RECORD, as follows: is partisan is an understatement. state and federal courts in Rhode Island and [From the Providence Journal, May 14, 2010] Yes, like many judicial nominees, Mr. elsewhere across the country. He has been McConnell has taken partisan stands in the EDITORIAL: CONFIRM MCCONNELL honored for his legal skill and acumen by past. But his character and deep love of the Providence lawyer John J. McConnell Jr., many organizations and has made major con- law suggest strongly that he will function as whom President Obama has nominated to tributions to the cause of justice in his state a disinterested judge—one able to look at the serve on the U.S. District Court for Rhode Is- and elsewhere. land, is a very able attorney. He has also facts of each case in the light of a close and John J. McConnell, Jr. is an outstanding demonstrated much civic commitment and rigorous reading of statutory and constitu- nominee to serve on the U.S. District Court leadership as a very generous philanthropist tional law and precedent. Indeed, his legal for the District of Rhode Island and I enthu- and board member of various nonprofit orga- work and community leadership suggest that siastically support his nomination. If I can nizations in our area. he would be a distinguished jurist. provide any additional information, please The Senate should face down a filibuster ‘‘Jack’’ McConnell’s nationally known feel free to contact me. and approve his nomination. abilities have gotten him hired to press some Very truly yours, very big lawsuits. As with most plaintiffs’ D. MICHAEL FISHER. lawyers who have practiced at the highly [From the Greater Providence Chamber of Commerce] competitive national level for a long time, LAW OFFICES OF some of these have been very controversial. STATEMENT OF THE GREATER PROVIDENCE JEFFREY B. PINE ESQ., The most notable example is the case CHAMBER OF COMMERCE ON THE NOMINATION Providence, RI, May 7, 2010. against lead-paint makers pursued at the be- OF JOHN MCCONNELL TO THE U.S. DISTRICT Hon. PATRICK LEAHY, hest of then-Rhode Island Atty. Gen. (and COURT Chairman, Senate Judiciary Committee, now U.S. Sen.) Sheldon Whitehouse. On Tuesday May 11, the United States Washington, DC. We remain convinced that that action, Chamber of Commerce urged the members of DEAR SENATOR LEAHY: I have the pleasure which was (happily, to us) terminated by the the Senate Judiciary Committee to reject of writing on behalf of John (Jack) McCon- Rhode Island Supreme Court, was unfortu- the nomination of John J. ‘Jack’ McConnell nell Jr. for a position on the Federal bench. nate. But some other cases Mr. McConnell for a judgeship on the U.S. District Court in I served as Rhode Island Attorney General was involved in, such as against tobacco Rhode Island. from 1993–1999, as a Republican. companies, we agreed with. But then, Mr. The Greater Providence Chamber of Com- I have known Jack for more than fifteen McConnell has been a hired hand doing as ca- merce was not consulted at any point in the years, both professionally and personally, pably as he could the job he has specialized process by the United States Chamber of and feel very qualified to comment on his in—pursuing product-liability and other Commerce or The Institute for Legal Reform credentials for such a prestigious position. class-action cases. Mr. McConnell, a grad- as to our views relative to the nomination of Throughout his career, Jack has dem- uate of Brown and Case Western Reserve Mr. McConnell. onstrated the kind of legal ability, integrity,

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6568 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 dedication to his client, and willingness to I enthusiastically support his candidacy firmly believed that the ability to reach con- fight hard for the cause of justice that for a position on the federal bench. sensus among people of differing points of makes him a truly outstanding candidate for If I can answer any questions or be of fur- view is critical to the well-being of our resi- the Federal Judiciary. ther assistance to you, please don’t hesitate dents and our state as a whole. In the time During my tenure as Attorney General I to contact me. I have come to know Jack, I have realized worked closely with Jack during the multi- Sincerely, that he shares this same philosophy. state tobacco litigation initiated on a bipar- JEFFREY B. PINE. The District Court appointment is a crit- tisan basis by more than 40 Attorneys Gen- ical one to ensure that our justice system eral in the mid-1990’s. As Attorney General, PASTER & HARPOOTIAN, LTD., continues to provide victims and their ac- I was directly involved in the prosecution of COUNSELLORS AT LAW, cused with an opportunity to be heard fairly our lawsuit and in the settlement negotia- Cranston, RI, May 7, 2010. and impartially. I believe that Jack would be tions between the Attorneys General and the Hon. PATRICK LEAHY, a valuable asset to the bench and a good rep- tobacco industry. In that capacity I had the Chairman, Senate Judiciary Committee, resentative of Rhode Island in the federal ability to work with and observe Jack over Washington, DC. court system. an extended period of time as he represented DEAR SENATOR LEAHY: Thank you for al- I am proud to offer this recommendation many states’ interests, including Rhode Is- lowing me the time to write to you in sup- and respectfully urge you to give him your land; in short, what I observed was an attor- port of my friend and colleague, John J. serious consideration. Thank you for your ney who was smart, ethical, diligent and ab- McConnell, Jr., for confirmation to the attention. solutely dedicated to the cause of justice on United States District Court for the District Sincerely, behalf of his client. of Rhode Island. The Senate Judiciary Com- SCOTT AVEDISIAN, Since our interaction in the public sector I mittee is scheduled to hold a confirmation Mayor. have remained very aware of Jack’s talents hearing on his appointment on May 13, 2010. ARLENE VIOLET, ESQ., and abilities as an attorney. I closely fol- I have known Jack McConnell for many lowed the lead paint litigation in Rhode Is- years as a professional colleague, fellow Barrington, RI, Dec. 10, 2010. In Re Jack McConnell. land, where Jack led the fight on behalf of dedicated board member of Trinity Rep- the victims of this public health problem. ertory Company here in Rhode Island and as DEAR SENATOR SESSIONS: As a former Re- He has always fought for those less fortu- a very friendly political rival. publican Attorney General I have followed nate who might otherwise not have had a Time and again, Jack has proven that he is your career from the day you became the At- voice in the judicial system. Jack has been a man of great principle and integrity. While torney General for your state. You have ac- that effective voice for many people for being a vigilant advocate for his clients and quitted yourself very well and have served many years. I also believe that as an experi- the causes that he has taken up during his the people of Alabama with diligence and enced litigator Jack has an outstanding abil- professional career, Jack has always con- competence. I am writing to you in support of the nomi- ity to look at legal issues from all perspec- ducted himself in the most ethical and pro- nation of Jack McConnell. As an attorney tives, without bias or predisposition, and I fessional manner; a trait unfortunately for close to 36 years I have known Jack for have no doubt that he would be fair to all sometimes not found among lawyers today. about 20 of them. I often appeared in court litigants who appear before him. In my opin- Jack and I also know each other from and on occasion he’d be ahead of me on the ion he would bring the kind of experience to being on opposites sides of the aisle politi- docket and I’d be on ‘‘standby’’ for my case. the federal bench that would make him an cally, including some elections as well. As I observed a carefully prepared advocate who outstanding judge presiding at trials, and a you know, elections can turn bitter and the had done his homework. He is a highly re- fair and impartial arbiter for those who participants can sometimes allow them- spected attorney here because his word was selves to get caught up in the bitterness to come before him. his bond. His forthrightness as an attorney I also have the pleasure of knowing Jack the extent of it becoming personal. One of along with his competence and honesty have outside of legal circles, and while I consider the greatest characteristics that I admire convinced me that he will be a fair and bal- him a friend, my comments about him as a about Jack so much is that, despite political anced judge on the federal bench. person and family man are not influenced by differences of opinion, he never allowed He has also been on the Board of Trustees our friendship—they are objective assess- those differences to become personal, or to at Roger Williams University where I am ments that are very easy to make. cloud his judgment. As a result, we have al- also a trustee. He has been the voice of rea- Jack and his wife Sara have three children ways enjoyed spirited conversation regarding son and analysis on the tough issues facing who are very close in age to each of my three political issues, but have remained great universities today. His judgment is finely children. For most of the past fifteen years friends. honed and I have no doubt that he will apply our children have attended the same schools These characteristics lead me to unquali- his analytical skills in service to the highest at the same time. Jack is a devoted and dedi- fiedly support Jack’s confirmation to the standards of jurisprudence. I respectfully ask cated father who understands the impor- United States District Court for Rhode Is- you to confirm his nomination to the bench. tance of being there for your family even if land. With every best wish for you and your fam- the demands of a busy career are always Please do not hesitate to contact me if you ily, I remain, present. All three of their children have believe I have information which may be Sincerely yours, grown up with strong values, a sense of giv- helpful to you in this process. ARLENE VIOLET. ing back to society, and the same kind of Thank you very much for your kind con- commitment to others that Jack and Sara sideration. SUPREME COURT OF RHODE ISLAND, have. Jack understands the balance that Very truly yours, FRANK LICHT JUDICIAL COMPLEX, needs to be struck between career and fam- JOHN M. HARPOOTIAN. Providence, RI, Feb. 9, 2009. ily, and while he has achieved great success Re John J. McConnell, Jr. professionally, he retains the strong values EXECUTIVE CHAMBER, Hon. JACK REED, of his own upbringing, which he in turn im- CITY OF WARWICK, RHODE ISLAND, U.S. Senate, parts to his children. May 7, 2010. Cranston, RI. In addition to his professional accomplish- Hon. JEFF SESSIONS, DEAR SENATOR REED: I have recently ments and commitment to his family, Jack Ranking Member, Senate Judiciary Committee, learned that the subject attorney has applied has always been very active in the commu- Washington, DC. to your office as a candidate for appointment nity, involved in a number of civic activities, DEAR SENATOR SESSIONS: I am pleased to to the United States District Court for the and he has been honored for his efforts on write this letter in support of John J. District of Rhode Island. It may be of assist- many occasions. He enjoys an outstanding ‘‘Jack’’ McConnell, Jr., who is seeking ap- ance in evaluating his application if those reputation in both the legal community and pointment to the United States District who are familiar with his professional back- the community at large, and many organiza- Court for the District of Rhode Island. ground write concerning his outstanding tions have recognized his commitment to his Jack had been an acquaintance of mine for qualifications. public service. many years, but it was not until we began I have known Mr. McConnell since 1983 In conclusion, there is no question in my serving together for two non-profit agen- when he served as a law clerk to Justice mind that Jack would be an honest, prin- cies—Crossroads Rhode Island’s Board of Di- Donald F. Shea of the Rhode Island Supreme cipled, ethical and fair judge. He would be a rectors and the Institute for the Study and Court. Prior to this service, he graduated credit to our state and to our judiciary. He Practice of Non-Violence that I got to know from Brown University and Case Western Re- has earned this prestigious position for his him well. Jack is a man of integrity, a serve University School of Law. His talent many years of hard work, legal experience strong sense of community and a very fair and personality were outstanding from the and success as an attorney, as well as his po- and forward-thinking individual. earliest stages of his career. sition in the community as a respected civic As the Republican Mayor of Rhode Island’s Since he left our court, I have observed, leader and family man. second largest community, I have always with great admiration, his meteoric rise as a

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6569 trial lawyer. He has been lead counsel in a colleagues have suggested, there have vidual but at some later date he or his number of extremely high profile cases in been in the past filibusters of district law firm are found liable for theft? At both State and Federal Courts. His work in court nominees. Most recently, the that point, it will be too late. Members the negotiation of the master settlement will not be able to reconsider their agreement with the tobacco industry on be- Democrats successfully filibustered a half of forty-six states is legendary in the district court nominee in 1999, Mr. votes. annals of litigation. His achievements in as- Brian Stewart by a vote of 55 to 44. The Wall Street Journal recently bestos litigation are equally distinguished Judge Stewart was ultimately con- opined that Mr. McConnell’s ‘‘changing and involved some of the most complex cases firmed. story about his lead paint advocacy is on record. He has been recognized by his But the fact of the matter is that dis- enough by itself to disqualify him from peers with numerous awards for service to trict court nominees have been filibus- the bench.’’ I could not agree more. the profession as well as designation as one tered, and it was Democrats who first There are other aspects of Mr. Mc- of the best lawyers in America. The Rhode took the step. On circuit court nomi- Connell’s record that concern me a Island Bar Association has honored him for great deal, which I will outline later. I his service to the poor and disadvantaged. nees, the record is far worse. I would His compassion and charitable contribu- note that I do not necessarily like to will just conclude by saying this. I tions have benefited agencies in the field of vote against cloture on judicial nomi- have supported the overwhelming ma- health, education and service to the poor and nees. I do not take these votes lightly. jority of President Obama’s judicial homeless. His service as a director of Cross- But these are the rules that the other nominees. If it were up to me, I would roads Rhode Island is only one example of side instituted. not have nominated many of those in- his reaching out to the needy and dispos- Under the precedent and threshold dividuals. But I supported them none- sessed. theless. Mr. McConnell is in an entirely He has been active in civic affairs in the that the Democrats first established, City of Providence, the State of Rhode Island Members must decide whether they be- different category. I believe that he as well as on the national level. He is a lieve they should move forward to a misled the committee when he testified splendid example of a model citizen whose vote on confirmation of this nominee. before us. For that reason alone, I do advice and counsel are sought after and free- By any fair measure, Mr. McConnell not think he should be rewarded with a ly given. qualifies as a very extraordinary cir- lifetime appointment to the Federal His great experience as a litigator has cumstances. I have reached this con- bench. But even if I did not have that given him exceptional knowledge of the concern, I could not support this nomi- intracies of the rules of practice and proce- clusion based on a number of factors. I want to discuss a couple of these rea- nee. dure in the federal courts. He would be su- I yield back the time that was allot- perbly qualified to preside as a federal judge sons now. over the most challenging and complex I am particularly troubled by the ted to me. The ACTING PRESIDENT pro tem- cases. He is a man of keen intelligence and way Mr. McConnell handled himself be- impeccable integrity. He would be a splendid pore. The Senator from Vermont. fore the committee. I believe Mr. Mr. LEAHY. Madam President, I addition to the distinguished bench of the McConnell at best misled the com- United States District Court of Rhode Is- hope that all Senators have had a land. mittee when he testified about his fa- chance to consider the remarks of the Sincerely yours, miliarity with a set of stolen legal doc- Senators from Rhode Island on this JOSEPH R. WEISBERGER, uments that his law firm obtained dur- nomination. I do not think anyone Chief Justice (Ret.). ing the lead paint litigation. When could listen to the remarks of the dis- The ACTING PRESIDENT pro tem- asked about these documents during tinguished senior Senator from Rhode pore. The Senator from Iowa. his committee hearing, he testified Island yesterday and today and come Mr. GRASSLEY. Madam President, I that he saw the documents ‘‘briefly’’ away doing anything other than voting rise to oppose the cloture motion on but that he was not familiar with them for cloture. Likewise, Senator WHITE- Jack McConnell, who has been nomi- ‘‘in any fashion.’’ HOUSE, who spoke this morning and has nated to be U.S. district judge for But several months after his hearing, shepherded this nomination through Rhode Island. Mr. McConnell was deposed under oath the Senate Judiciary Committee, has In the first few months that I have about those same documents. In his done an outstanding job in his state- been ranking member of the Judiciary sworn deposition, Mr. McConnell testi- ment not only this week but through- Committee, I have worked in good fied that he was the first lawyer to re- out the course of this nomination, faith to move forward with consensus ceive the documents. He drafted a which now extends into a second year. nominees. We have taken positive ac- newspaper editorial citing information They have set forth not only the mer- tion on 68 percent of the judicial nomi- that came directly from those docu- its of this nominee, but also what is at nees submitted in this Congress. De- ments. He testified that he reviewed stake for the Senate and the country if spite my efforts, friends on the other and signed a legal brief that incor- Senate Republicans take the virtually side of the aisle and the President’s top porated the stolen documents. And unprecedented action of filibustering a lawyer continue to claim we are not even though he told the committee Federal district court nominee. moving fast enough. There are addi- that he was not familiar with the docu- Jack McConnell has bipartisan sup- tional consensus nominees the Senate ments ‘‘in any fashion,’’ during his dep- port from those in his home State. could turn to. We could confirm addi- osition he testified that he did not see Leading Republican figures in Rhode tional district judge vacancies, as we any indication on the documents that Island have endorsed his nomination. have been doing. But rather than con- they were confidential or secret. They include First Circuit Court of Ap- tinuing to move forward with con- How could he know the documents peals Judge Bruce Selya; Warwick sensus nominees, the majority leader were not confidential or secret if, as he Mayor Scott Avedisian; Rhode Island chose to throw up a detour and proceed testified before the committee, he was Chief Justice Joseph Weisberger; to one of the President’s most con- not familiar with them ‘‘in any fash- former Rhode Island Attorneys General troversial nominees, Mr. McConnell. It ion?’’ Jeffrey Pine and Arlene Violet; former seems no good deed goes unpunished. Given these facts, it is hard to square Director of the Rhode Island Depart- Before turning to Mr. McConnell’s Mr. McConnell’s testimony before the ment of Business Barry Hittner; former record, I want to say a few words about committee with his sworn deposition Rhode Island Republican Party Vice- the use of extended debate in consid- testimony a couple of months later. Chair John M. Harpootian; and Third ering judicial nominations. My friends The litigation over these documents Circuit Court of Appeals Judge Michael on the other side have made some com- remains ongoing. We do not know how Fisher. ments on this issue that are pretty dif- it will conclude. We do not know With more than 25 years of experi- ficult to understand given the record whether Mr. McConnell and his law ence as an outstanding litigator in pri- there. firm will be held liable for the theft of vate practice, Mr. McConnell has been First, with respect to district court these documents. But what is the Sen- endorsed by the Providence Journal, nominees, and contrary to what my ate going to do if we confirm this indi- which wrote:

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6570 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 In his legal work and community leader- mittee to respect the views of home ments and have votes on them. That is ship [he] has shown that he has the legal in- State Senators from both sides of the the Senate that I know, and the one telligence, character, compassion, and inde- aisle. I have encouraged President that has served our country so well pendence to be a distinguished jurist. Obama to work with home State Sen- since it first convened in 1789. That is what Senator REED talked ators from both sides of the aisle. Re- As we all well know, the Senate has about, the nominee’s qualifications, ex- publican Senators used to defer to traditionally been a place where the perience, temperament, integrity, and home State Senators on Federal dis- rights of the minority were protected, character. trict court nominations. That was and where constructive debate is the Just a few years ago, Republican their justification for voting both for rule, not the exception. It is supposed Senators argued that filibusters of ju- or against nominations during the last to be the institutional check that en- dicial nominees were unconstitutional, several years. But if Senate Repub- sures all voices are heard and consid- and that every nominee was entitled to licans abandon that deference and en- ered. Because while our constitutional an up-or-down vote. Of course, they gage in a filibuster of this Federal dis- democracy is premised on majority said that with a Republican President. trict court nominee, and ignore the role, it is also grounded in a commit- Now suddenly things have changed. At strongly held views of home State Sen- ment to minority rights. that time, a number of Republican Sen- The fact of the matter is, we have ators joined in a bipartisan memo- ators, then they will be undercutting been considering the small business in- randum of understanding to head off all those understandings and practices. When home State Senators as widely novation research legislation since the ‘‘nuclear option’’ and agreed that March 14, a month and a half ago. Over nominees should only be filibustered respected and as serious about the rule the course of that time, when exclud- under ‘‘extraordinary circumstances.’’ of law as the Senators from Rhode Is- ing weekends and recesses, the Senate No one could seriously argue that this land endorse a Federal district court was in session 15 days. And in those 15 Federal district court nomination pre- nominee, that nominee should not be days, we had merely 3 days in which sents anything approaching ‘‘extraor- filibustered. They never have been. I the Senate has held votes related to dinary circumstances’’ that might jus- have been here 37 years. We used to this legislation—3 days. tify a filibuster to prevent a vote on treat each other, as well as such nomi- Furthermore, we have voted on 11 the nomination. nees willing to serve on the bench, with It would be unfortunate if Senators respect. I hope that today the Senate amendments out of 137 amendments were to knuckle under to the demand will return to that tradition. I trust filed prior to the Easter recess, which for a filibuster by special interest busi- that Senate Republicans will not go hardly represents an open amendment ness lobbies. Mr. McConnell should not down the dark path on which they are process. So we have 137 amendments be filibustered for being a good lawyer, headed. filed. What do we do? We do not hold yet that is at the root of any opposi- Senator REED spoke yesterday of the votes or debate these issues, allowing tion. The corporate lobby opposes him precipice on which the Senate is those amendments to be offered, we go because he successfully represented poised. Senator WHITEHOUSE, Senator on a 2-week recess, a fact that was not plaintiffs, including the State of Rhode FEINSTEIN, and Senator SCHUMER have lost on the American people. What Island itself, in lawsuits against lead spoken eloquently on this issue as well. they saw was business as usual in paint manufacturers. Some here in the I urge all Senators, Senators on both Washington, acting as if there is noth- Senate may support the lead paint in- sides of the aisle, to do the right thing ing wrong in America today. dustry. That is their right. I support to honor our constitutional role and So it is disappointing to hear the the right of this attorney to bring legal traditions, and to vote in favor of end- statements that the Republicans are claims based on the poisoning of chil- ing this filibuster so that the nomina- not allowing this bill to move forward. dren by the lead in paint and to hold tion of Jack McConnell can then be We are more than ready to move for- those responsible accountable. You can considered on the merits and voted up ward with votes on amendments, then support the lead paint manufacturers or down. onward to final passage. That is how or you can support the children who I reserve the balance of my time and the process works in the Senate. were poisoned. I will stand with the I yield the floor. We could have already been at that children. That is what Mr. McConnell The ACTING PRESIDENT pro tem- point if we had been given the time, in- did. That is why the business lobbies pore. The Senator from Maine. stead of having recesses and days off oppose him. No Senator should oppose f and morning business. Indeed the majority has squandered the time of the Mr. McConnell for doing what lawyers SBIR/STTR do and vigorously representing his cli- past several months not on this legisla- ents in lawsuits. That is not a jus- Ms. SNOWE. Madam President, I rise tion but in quorum calls and in morn- tification to filibuster this nomination. today regrettably, as ranking member ing business. There was nothing else Mr. McConnell has testified and dem- of the Small Business Committee, to commanding our attention. onstrated that he understands the dif- announce that I will be opposing clo- There were several days we voted for ferences between the role of the judge ture on the pending legislation regard- the continuing resolution. I understand and the role of an advocate for one of ing small business. I have reached this not having votes on those days. But the parties. decision after much deliberation, be- just 3 days for votes out of 15 is unfor- With judicial vacancies at crisis lev- cause I support the underlying legisla- tunate, not to mention underachieving. els, affecting the ability of courts to tion. In fact, I have championed the We could have held votes on any other provide justice to Americans around Small Business Innovation Research day. the country, we should be debating and Program since its inception in 1982, Indeed, on April 19, USA Today ran voting on each of the 13 judicial nomi- when I was serving in the House of an article titled, ‘‘Two chambers work nations reported favorably by the Judi- Representatives. at different paces.’’ It noted that the ciary Committee and pending on the But regrettably there has been a dis- House of Representatives has held 277 Senate’s Executive Calendar. No one turbing trend in this body over the roll call votes as of April 18, the most should be playing partisan games and past several years of disregarding the in that period of time since 1995 fol- obstructing while vacancies remain minority rights and flat out dis- lowing the Republican Revolution. The above 90 in the Federal courts around allowing votes on our amendments. We article then shifted its focus to the the country. With one out of every nine were informed early this year that we Senate, where it noted that our body Federal judgeships still vacant, and ju- would have an open amendment proc- has held a mere 68 record votes ‘‘the dicial vacancies around the country at ess on legislation in this Congress. We fewest roll-call votes since 1997’’! One 93, there is serious work to be done. were told, let’s let the Senate be the of our colleagues in the House joked I have made it a practice as the Senate again. I could not agree more. last month that the Senate has two chairman of the Senate Judiciary Com- Let’s allow Senators to offer amend- paces—‘‘slow and glacial.’’ It would be

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6571 humorous if it didn’t mean that the The Small Business Regulatory Freedom Administration. He is the President’s American people are getting short- Act expands the scope of the Regulatory top small business regulatory ap- changed by their elected representa- Flexibility Act (RFA) by forcing government pointee. tives, who were sent here to vote on regulators to include the indirect impact of It was expressed that the Office of their regulations in their assessments of a Advocacy would require more funding the critical issues facing our country. regulation’s impact on small businesses. The Voting is our primary responsibility, bill also provides small business with ex- to carry out these additional respon- as are amendments to flesh out the leg- panded judicial review protections, which sibilities. I agreed. We proposed in- islative process. We should have had a would help to ensure that small businesses creased authorization for the funding vote on the legislation I was offering as have their views heard during the proposed for this office. Moreover, we offset that an amendment, in conjunction with rule stage of federal rulemaking. spending with cuts in the SBA, already Senator COBURN and six other cospon- The legislation strengthens several other proposed in the President’s 2012 budget. sors on regulatory reform, to reduce aspects of the RFA—such as clarifying the There were concerns with language the burden on our Nation’s small busi- standard for periodic review of rules by fed- that would require that rules sunset if eral agencies; requiring federal agencies to agencies failed to review them as re- nesses. conduct small business economic analyses This would have had a direct impact, before publishing informal guidance docu- quired by law, by the way. So we devel- here and now, on the ability of small ments; and requiring federal agencies to re- oped a compromise. Instead there businesses to create jobs. I am mys- view existing penalty structures for their would be a ‘‘stick’’ of reducing an agen- tified as to why I cannot have a vote on impact on small businesses within a set cy’s budget for salaries by 1 percent if this regulatory reform amendment as timeframe after enactment of new legisla- it failed to comply with its review re- the ranking member of the Small Busi- tion. These important protections are needed quirements under law. Moreover, it in- ness Committee. to prevent duplicative and outdated regu- cludes several safeguards to allow the In November, the Senate Small Busi- latory burdens as well as to address penalty agency to have multiple bites out of ness Committee held a hearing on regu- structures that may be too high for the the apple to satisfy their legal require- small business sector. latory reform. It was noted in that The legislation also expands over time the ments. We heard that some Democrats hearing that a 30-percent reduction in small business advocacy review panel proc- might oppose adding regulatory review regulatory costs in an average 10-per- ess. Currently, the panels only apply to the panels at every agency, immediately, son firm would save nearly $32,000, Environmental Protection Agency, the Occu- saying that doing so would be too enough to hire one additional indi- pational Safety and Health Administration, much, too soon and that a phase-in vidual. After enduring 26 straight and the Consumer Financial Protection Bu- would be more responsible so we pro- months with unemployment at or reau. These panels have proven to be an exposed a modest phase-in approach of above 8 percent, it is more imperative tremely effective mechanism in helping three additional agencies per year over agencies to understand how their rules will than ever that we finally liberate affect small businesses, and help agencies 3 years. After all, what is wrong with American small businesses from the identify less costly alternatives to regula- having small business review panels es- regulatory burden that diminishes our tions before proposing new rules. tablished at agencies, when they are ability to compete globally and create We applaud your efforts to ensure the fed- proposing rules? Let’s determine jobs at home. eral government recognizes the important whether those rules are going to affect The regulatory reform amendment I contributions of job creation by small busi- small businesses before they are imple- am proposing with Senator COBURN is ness, and look forward to working with you mented in the rulemaking process, not strongly supported by a variety of on this important legislation. after. Sincerely, small business community organiza- Air Conditioning Contractors of America, You know, I hear in the Senate, well, tions: the NFIB, the Chamber of Com- American Bakers Association, American we will see. We will let the rules take merce, and 28 other groups. Chemistry Council, American Farm Bureau effect, and then see what happens to I ask unanimous consent to have Federation, Associated Builders and Con- small businesses afterwards. Does any- that letter printed in the RECORD. tractors, Food Marketing Institute, Hearth, body understand what that means for a There being no objection, the mate- Patio & Barbecue Association, Hispanic small business on Main Street in Amer- rial was ordered to be printed in the Leadership Fund, Independent Electrical ica to have to implement a regulation RECORD, as follows: Contractors, Institute for Liberty, Inter- that is handed down from the Federal national Franchise Association, National As- Government—the cost of compliance, MAY 2, 2011. sociation for the Self-Employed, National Hon. OLYMPIA SNOWE, Association of Home Builders, National As- the added number of employees it re- U.S. Senate, sociation of REALTORS, National Associa- quires just to deal with the regulatory Washington, DC. tion of the Remodeling Industry (NARI). burden? They can’t afford it. After all, Hon. TOM COBURN, National Automobile Dealers Association we are in an age of high unemploy- U.S. Senate, (NADA), National Black Chamber of Com- ment. It is persistent. Washington, DC. merce, National Federation of Independent So we could deal with this issue here DEAR SENATORS SNOWE AND COBURN: As Business, National Funeral Directors Asso- representatives of small businesses, we are and now. We have had a number of ciation, National Lumber and Building Ma- hearings over time on regulatory re- pleased to support Senate Amendment 299, terial Dealers Association, National Res- the Small Business Regulatory Freedom Act taurant Association, National Retail Federa- form. The Homeland Security and Gov- of 2011. This amendment to S. 493, the SBIR/ tion, National Roofing Contractors Associa- ernment Affairs Committee has had STTR Reauthorization Act, puts into place tion, Plumbing-Heating-Cooling Contrac- hearings on regulatory reform. The strong protections for small business to help tors—National Association, Printing Indus- time is now to address it. ensure that the federal government fully tries of America, Small Business & Entrepre- Furthermore, what is the problem considers the impact of proposed regulation neurship Council, Snack Food Association, with allowing a vote on this amend- on small businesses. Society of American Florists, U.S. Chamber In an economy with high unemployment, ment? That is what I don’t understand. of Commerce, Window and Door Manufactur- and where almost 2/3 of all net new jobs come Why can’t we have a vote on the ers Association. from the small business sector, we appre- amendment on regulatory reform? If ciate that your legislation would require reg- Ms. SNOWE. We have taken great those on the other side do not want to ulators to further analyze the impact of cer- strides to address the concerns of those support it, they can vote against it. tain proposals on job creation. The annual from across the aisle. But they keep But let’s have a vote. Let’s have a de- cost of federal regulation per employee is moving the goalposts. For instance, bate. What else are we doing? significantly higher for smaller firms than some did not like our definition of indi- We just came off of a 2-week recess. I larger firms. Federal regulations—not to rect effect and costs with respect to cannot imagine anybody that went mention state and local regulations—add up evaluating the impact of regulations and increase the cost of labor. If the cost of home and talked to small businesses on labor continues to increase, then job cre- on small businesses. So we agreed to Main Street or to the average person ation will be stifled because small businesses take the language that was initially who is desperately searching for a job will not be able to afford to hire new employ- proposed by Dr. Sargeant with the Of- not understanding that we need to do ees. fice of Advocacy at the Small Business something about these key issues.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6572 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 We should focus more on issues like Ms. LANDRIEU. Mr. President, I Commerce is interested in it. Home- this and less on concerns about urge my colleagues to vote for cloture land Security is interested in it. lunches, or recess. It is about doing our on this important bill. It is the Federal I can’t pull a bill—I don’t believe it is work in the Senate however long and Government’s largest research program right to pull a bill from the floor to however hard it is, but to do it. That is for new technologies and innovation. It have a vote that has not had a hearing what this issue is all about. It is about is a job creator. It is widely supported in any committee of the Senate. That doing things that are going to matter by many business organizations in this is not an open process. That is an ask on Main Street, and regulatory reform country. It is a bill that should have that is impossible to agree to. matters on Main Street. We can talk passed 6 years ago. It is a bill, a stat- No. 3 in my argument: If we vote no about it endlessly. The time is now to ute, that will expire in less than 30 on cloture, I wish to remind Senators act. That is what this is all about. Let days from now. If we don’t vote favor- the amendments of Senator CARPER the Senate work in the traditions of ably on this bill today, there will be and Senator VITTER will see no light of the Senate: an open, deliberative proc- virtually no chance of this program day. They have good amendments they ess. being extended under law, and we will have been working on for 3 years that When we had the continuing resolu- either have to eliminate the program have had committee review to help ex- tion, we had 700 amendments in the entirely or we will revert back to no pedite the sale of Federal buildings House of Representatives. What amend- way to do business, which is a 3-month that could save taxpayers millions of ments did we have? The same is true or 6-month rolling extension. dollars. That amendment will go down. now. They are shutting down the proc- I wish to answer a few of the charges The Cornyn amendment, which es- ess. I am told that we had 137 amend- made by my colleague. First of all, I tablishes a commission to cut spending ments, and what did the Senate do? Go have the greatest respect for my rank- which will also save taxpayer money on recess for 2 weeks. ing member, and I can understand her and reduce the burden on taxpayers, The point is, we have a serious prob- frustration as being the ranking mem- that amendment will go down. lem in America. It is persistently high ber of the Small Business Committee Senator PAUL’s amendment to reduce unemployment. It is subpar growth. and not getting her amendment on the spending by $200 billion, he will not get The economic conditions are deeply Senate floor. I would respectfully re- the majority of our votes, but there troubling. We have to get the show on mind her that we could have had a vote will be an interesting debate on wheth- the road, and that means regulatory on her amendment in committee exer we can cut $200 billion out of the reform. cept that her side demanded—and I Federal Government. We lose that It is one of the chief, foremost con- wish to submit a letter to the effect— amendment. cerns among small businesses. Among that the bill come out of our com- Senator HUTCHISON has an amend- the plethora of concerns they have mittee clean; that the SBIR bill not be ment for us to debate all of the regula- about what we are doing or not doing, attached to anything else so we could tions in the entire universe on health one of the foremost issues is regulatory have an open debate on it because it care. People are complaining about reform, and we are dithering. I can’t has been going on for 6 years. regulations for health care. We are giv- even get a vote on the amendment. No. 2, an open amendment process, ing a vote on that. That amendment Vote yes or vote no. Let’s debate it. which the majority leader has been will not be voted on. Is there anything else we are doing in more than gracious with, considering Senator CARDIN has an amendment to the Senate? Can somebody tell me? We the fact that 150 amendments have fix surety bonds. We are going to lose just came off of a 2-week recess, and I been filed on a bill that is only 116 that. Senator SNOWE, herself, has an am mystified why we are just driving pages long, and 95 percent of these amendment to prevent fraud in con- this to a cloture vote and I am denied amendments have nothing to do with tracting. We are going to lose that. a vote on an amendment that is so rel- this bill—the majority leader has been So, evidently, 95 percent of the loaf is evant to the well-being, to the survival more than patient. But an open debate not enough. So we either get 60 votes of small businesses—regulations. does not—on the Senate floor, an open on this bill or we don’t. There was a $26 billion increase in and free debate does not mean elimi- Mr. President, I wish to give my last regulation costs last year. That is on nating the committee process in the minute to Senator SHAHEEN, and I wish new regulations. The total cost is $1.7 Senate that has existed, to my knowl- to ask her a question. What actually trillion overall. Some have debated edge, as long as this body has existed, did the Senator hear in the Armed that cost saying that is not a true cost. and it never will. Services Committee that is relevant to They say: No, it is this cost. It is a We cannot trample on the rights of this bill? If I have 2 seconds, go ahead lesser cost. Some say: Well, it is less our committees, whether it be Home- and tell me. than $1 trillion. Why? Because they do land Security, which has primary juris- The PRESIDING OFFICER. Without not count the IRS. Well, ask the small diction over this issue, or the Small objection, it is so ordered. businesses if IRS regulations are ham- Business Committee, which has some Mrs. SHAHEEN. I took the oppor- pering their well-being and suffocating jurisdiction over this issue. But be- tunity yesterday in an Armed Services the entrepreneurial spirit in America, cause this regulatory reform bill is so Committee subcommittee to ask De- or the FCC or all the myriad of other far reaching and a necessary debate to partment of Defense officials who have independent agencies that are not in- have—not here, not now, not on this been responsible for maintaining our cluded. I suggest everybody take Main Senate floor but in the relevant com- military technological edge what the Street tours and see what is happening. mittees. In fact, there are four other impact would be on DOD’s research if If we are wondering why we can’t cre- bills besides that of my ranking mem- Congress does not reauthorize the ate the jobs that are necessary for ber. Senator VITTER has one bill, and I SBIR Program. Assistant Secretary America, then just look right here. We will submit for the RECORD other bills Zachary Lemnios said the SBIR is are shutting down the process with clo- that have been filed, in fact, on this ‘‘something we absolutely need.’’ He ture votes. For what? Because we can’t exact subject. spoke of what it is like talking to have a debate. We can’t have votes. We The chairman of the Homeland Secu- small innovative companies he works are doing nothing. rity Committee, who sits right here at with through SBIR, and he told me: The PRESIDING OFFICER (Mr. this desk, has already agreed to have a There are small companies willing to take BLUMENTHAL). The Senator’s time has hearing on all of these bills because some risk in areas where larger companies expired. Senator SNOWE, with all due respect, is just, for whatever reason, just don’t. You Ms. SNOWE. Thank you, Mr. Presi- not the only Member who has an inter- spend a day with a small business like that, dent. est in regulatory reform. My com- and your mind explodes with new ideas. The PRESIDING OFFICER. The Sen- mittee, which I chair, does not have That is the kind of innovative spirit ator from Louisiana. complete jurisdiction over this issue. we need to stay competitive. We need

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this for America’s national security, NH. Active Shock showed me the sus- NOMINATION OF JOHN MCCONNELL and as the Senator from Louisiana pension technologies that it developed Mr. MCCONNELL. Mr. President, the points out, this is a program that cre- with funding from a competitive SBIR Senate will shortly vote on the cloture ates jobs. award. These technologies are now motion on the Jack McConnell nomi- We need to get this reauthorization used by the Department of Defense to nation. We have been working in good done. We need to talk about regulatory help our troops in the field. They help faith with our Democratic colleagues reform, but we need to do this first. stabilize our war vehicles in rough ter- to confirm consensus judicial nominees In a few minutes we will be voting on rain. in general and to fill judicial emer- whether to move forward with a bill re- This is exactly the kind of high-tech gencies in particular. So it is dis- authorizing a program that is criti- product that is developed as a result of appointing that our Democratic friends cally important to my home State of SBIR. And SBIR awards are absolutely have chosen to depart from this bipar- New Hampshire and the entire coun- critical for these small companies. Bill tisan practice and to press the McCon- try—the Small Business Innovation Larkins, the CEO of Active Shock, told nell nomination which would not fill a Research program, or SBIR. me that Active Shock would simply As Chair LANDRIEU has pointed out, judicial emergency and is about as far not be here today were it not for the the Senate has been debating this bill from a consensus nomination as one SBIR program. The products that Ac- for 5 weeks now. My colleagues and I could imagine. from the Small Business Committee tive Shock developed also have com- Mr. McConnell has described his judi- have come to the floor several times to mercial applications, so the SBIR cial philosophy in this way: talk about the importance of this pro- awards have helped them grow and cre- There are wrongs that need to be righted, gram for the future of our economy. ate jobs. Active Shock started with and that’s how I see the law. The bottom line is that SBIR promotes only a few employees; now, it has In Mr. McConnell’s eyes, the wrong- innovation among the entrepreneurs grown to over 30 employees. doers in America are invariably its job that will keep the American economy Active Shock is just one of many creators. competitive in the 21st century. small firms in New Hampshire that His legal career has been marked by But as we decide whether to move have successfully competed for funding a pervasive and persistent hostility to forward with this bill—which has broad through SBIR in the 28 years it has American job creators. This bias bipartisan support—I wanted to talk been in existence. All across New against one part of American society is about the importance of SBIR—not Hampshire, small businesses that oth- fundamentally antithetical to the rule just for our small businesses, but also erwise would not be able to compete for of law, and it has led him to take a se- for our national defense. federal R&D funding have won com- ries of troubling actions that show his Many agencies have come to rely on petitive SBIR grants that advance unfitness for a lifetime position as a small, innovative companies to help technology and science and create good fair and impartial judicial officer. them think outside the box and solve jobs. In just the last 2 years, New For example, he has filed what his important problems. This is especially Hampshire firms have won 80 SBIR hometown newspaper described as a true for agencies that are charged with awards. ‘‘ludicrous’’ lawsuit against businesses. protecting our national security. Agen- And many of these companies are This case ended up costing not just the cies like the Department of Defense helping the Department of Defense companies but Rhode Island taxpayers rely on small companies to perform meet its R&D needs—in fact, despite as well. After the State’s supreme R&D that often leads to technologies its small size, New Hampshire is court unanimously rejected his frivo- that help our troops in the battlefield ranked 22nd in the Nation for total lous legal theory, his clients—the tax- and help secure our country. grants awarded from the Department payers—had to pay a quarter of a mil- I took the opportunity yesterday at of Defense since SBIR began. lion dollars in lawyers’ fees. an Armed Services Committee hearing Rather than be contrite about the We need to focus on smart ways to to ask the Department of Defense offi- damage he had done, he lashed out at create jobs and stay competitive. This cials responsible for maintaining our his State’s supreme court, saying it let program is critical for meeting that military’s technological edge what the ‘‘wrongdoers off the hook.’’ He has goal. But we also need to remember impact would be on DOD’s research if made other intemperate statements as that SBIR also enhances our national Congress did not reauthorize SBIR. As- well that underscore his bias, such as security. sistant Secretary Zachary Lemnios when he insisted that one American in- said the SBIR is ‘‘something we abso- I encourage my colleagues to join me dustry only does ‘‘the right thing’’ lutely need.’’ He discussed what it is in supporting this important program. when it is ‘‘sued and forced to by a like talking to the small, innovative Ms. LANDRIEU. Mr. President, I jury.’’ entrepreneurs that he works with thank the Senator for answering my After such a long record of hostility through the SBIR program. He told me, question. toward one segment of American soci- ‘‘there are small companies willing to I would like to submit many more ety, it is difficult to believe Mr. take some risk in areas where larger things for the RECORD. But, again, I McConnell can now turn on a dime and companies just, for whatever reason, wish to close, because we are 10 min- ‘‘administer justice without respect to just don’t. You spend a day with a utes extended from the vote, by asking persons,’’ as the judicial oath requires. small business like that, and your the Senate to please consider voting The business community does not mind explodes with new ideas.’’ for the SBIR Program. If we don’t it think so, and it is easy to see why. That is the kind of innovative spirit will expire on May 31 this year. In fact, the U.S. Chamber of Com- that we need to stay competitive. And Mr. President, I suggest the absence merce has never before opposed a dis- it is the same spirit that agencies like of a quorum. trict court nominee in its 100-year his- the Department of Defense need to The PRESIDING OFFICER. The tory—not once. Yet it is so troubled by keep America secure. In 2010, the De- clerk will call the roll. Mr. McConnell’s clear disdain for the partment of Defense issued nearly 3,000 business community that it has taken The bill clerk proceeded to call the awards through the SBIR program. the extraordinary step of opposing this roll. Let me give just one example of a nomination. company in my State that has bene- The PRESIDING OFFICER. The Re- Senator CORNYN pointed out yester- fitted from the SBIR program and has publican leader. day that there are also serious ethical helped the Department of Defense de- Mr. MCCONNELL. I ask unanimous issues with Mr. McConnell’s nomina- velop a product that is currently help- consent that the order for the quorum tion. He pioneered the practice of ‘‘pay ing our troops carry out their missions. call be rescinded. to play’’ lawsuits, where he solicited Earlier this year, I visited a firm The PRESIDING OFFICER. Without lucrative no-bid, contingency fee con- called Active Shock in Manchester, objection, it is so ordered. tracts from public officials.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6574 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 He has given statements to the Judi- In 2003, our friends mounted the first nate, I respect the President’s ability ciary Committee that are misleading successful filibuster of a circuit court to do so and therefore will vote for the at best and untrue at worst about his nomination. That would be Miguel cloture motion on Mr. McConnell’s familiarity with a case involving sto- Estrada’s nomination. He was filibus- nomination, but will strongly oppose len litigation documents. There is the tered seven times, in fact. Our Demo- his nomination to the Federal bench. outstanding matter of the stolen litiga- cratic colleagues added to this record tion documents themselves, over which by filibustering nine other circuit f his law firm and several unnamed court nominees, a total of 21 times. ‘‘John Doe’’ defendants are being sued. That is a record, too. The chairman of SBIR/STTR REAUTHORIZATION ACT In light of all the problems with the the Judiciary Committee and the sen- OF 2011 McConnell nomination, I have listened ior Senator from Rhode Island partici- CLOTURE MOTION with interest to the admonishments by pated in all of those filibusters as well. The PRESIDING OFFICER. Under the chairman of the Judiciary Com- In 2006, led by President Obama him- the previous order, pursuant to rule mittee and other Democratic col- self, our Democratic colleagues mount- XXII, the Chair lays before the Senate leagues against opposing cloture on his ed the first partisan filibuster of a the pending cloture motion, which the nomination. I know my record of sup- nominee to be an Associate Justice of clerk will state. porting up-and-down votes for con- the U.S. Supreme Court. That would be The bill clerk read as follows: troversial judicial nominees during the the Justice Alito nomination. Our CLOTURE MOTION administration of President Clinton, Democratic friends from Vermont and We, the undersigned Senators, in accord- and I am equally aware of the deter- Rhode Island joined in that filibuster, mined efforts by my Democratic col- ance with the provisions of rule XXII of the too. Standing Rules of the Senate, hereby move leagues ‘‘to change the ground rules’’ I agree that filibusters of judicial to bring to a close debate on Calendar No. 17, in the Senate confirmation process nominees should be used sparingly. Un- S. 493, the SBIR and STTR Reauthorization once there was a Republican President. fortunately, our friends on the other Act of 2011. My Democratic colleagues ulti- side of the aisle have filibustered judi- Harry Reid, Mary L. Landrieu, John F. mately succeeded in their efforts by re- cial nominees whenever it suited their Kerry, Robert P. Casey, Jr., Michael F. peatedly filibustering President Bush’s purposes to do so, whether it was to de- Bennet, Al Franken, Jon Tester, Pat- judicial nominees. I wish our friends rick J. Leahy, Carl Levin, Tom Harkin, feat nominees such as Miguel Estrada Charles E. Schumer, Jack Reed, Maria had not succeeded and not set up that or to leverage other nominees as with precedent. But they did. And the prece- Cantwell, Kirsten E. Gillibrand, Ben- the Stewart nomination. Given their jamin L. Cardin, Bill Nelson, Sheldon dent is the precedent, and their buyer’s persistent enthusiasm for the judicial Whitehouse, Ron Wyden. remorse now that there is again a Dem- filibuster, I do not view our Demo- ocrat in the Oval Office will not change The PRESIDING OFFICER. By unan- cratic friends as the arbiters of fili- imous consent, the mandatory quorum it. buster propriety. Over the years, there have been bi- call has been waived. In this case, I believe the McConnell partisan concerns with judicial nomi- The question is, Is it the sense of the nomination is an extraordinary one. He nees, and cloture has been needed to Senate that debate on S. 493, a bill to should not be confirmed to a lifetime end debate. Abe Fortas is a famous reauthorize and improve the SBIR and position on the bench. I will oppose clo- case. He was opposed by Senators from STTR programs, and for other pur- ture, and I urge my colleagues to do both sides of the aisle because of eth- poses, shall be brought to a close? the same. ical issues, and his nomination did not The yeas and nays are mandatory I yield the floor. even have majority support, let alone under the rule. Mr. MCCAIN. Mr. President, during the votes needed to invoke cloture. The clerk will call the roll. But the partisan filibuster is a more my 24 years in the U.S. Senate I have The bill clerk called the roll. recent development, and our Demo- not once voted against cloture for a Mr. DURBIN. I announce that the cratic colleagues have been the proud nominee to the district court, and I Senator from Hawaii (Mr. AKAKA) is pioneers in this area. In 1986, they will not do so today. As a member of necessarily absent. mounted the first partisan filibuster the ‘‘Gang of 14’’ in 2005, I agreed that Mr. KYL. The following Senators are against a judicial nominee. That nomi- ‘‘Nominees should be filibustered only necessarily absent: the Senator from nee, by the way, was a district court under extraordinary circumstances.’’ Oklahoma (Mr. COBURN) and the Sen- nominee, Sidney Fitzwater. The nomination of Mr. McConnell does ator from Kentucky (Mr. PAUL). Also in 1986, they mounted the first not rise to a level of ‘‘extraordinary Further, if present and voting, the partisan filibuster against a nominee circumstances.’’ Senator from Kentucky (Mr. PAUL) to be Chief Justice. That was Chief However, I am deeply troubled by Mr. would have voted ‘‘nay.’’ Justice Rehnquist’s nomination. McConnell’s less than candid responses The PRESIDING OFFICER. Are there In 1999, they mounted the first suc- to the Senate Judiciary Committee, his any other Senators in the Chamber de- cessful partisan filibuster of a judicial liberal judicial philosophy, including siring to vote? nominee. That too involved a district his public antipathy toward private en- The yeas and nays resulted—yeas 52, court nominee, Brian Stewart. Both terprise, and his strong political activ- nays 44, as follows: ism. For these reasons, I will not sup- the chairman of the Judiciary Com- [Rollcall Vote No. 64 Leg.] mittee and the senior Senator from port his nomination. YEAS—52 Rhode Island voted to filibuster Mr. Shaping the judiciary through the Stewart. I, and all Republicans, voted appointment power is one of the most Baucus Harkin Nelson (FL) important and solemn responsibilities Begich Inouye Pryor actually against filibustering him. Bennet Johnson (SD) Reed Our friends’ successful filibuster of a President has and certainly one that Bingaman Kerry Reid this nominee is now inconvenient to has a profound and lasting impact. The Blumenthal Klobuchar Rockefeller their narrative about filibuster norms President is entitled to nominate those Boxer Kohl Sanders Brown (OH) Landrieu and propriety. They claim that fili- whom he sees fit to serve on the Fed- Schumer Cantwell Lautenberg Shaheen Cardin Leahy buster does not count. I guess they are eral bench, and unless the nominee Stabenow Carper Levin saying they only filibustered him to le- rises to ‘‘extraordinary cir- Tester Casey Lieberman Udall (CO) verage floor votes on other judicial cumstances,’’ I have provided my con- Conrad Manchin nominees, and once they got what they stitutional duty of ‘‘consent’’ for most Coons McCaskill Udall (NM) wanted, he was confirmed. I gather this nominees. Durbin Menendez Warner Webb is the ‘‘coercion exception’’ to the body While I would not have chosen Mr. Feinstein Merkley Franken Mikulski Whitehouse of filibuster precedent they have cre- McConnell as a nominee to the Federal Gillibrand Murray Wyden ated. bench if I were in a position to nomi- Hagan Nelson (NE)

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6575 NAYS—44 [Rollcall Vote No. 65 Ex.] thought we had been so very fair on Alexander Enzi McConnell YEAS—63 this legislation in allowing amend- Ayotte Graham Moran Alexander Graham Murkowski ments, and we are going to continue al- Barrasso Grassley Murkowski Baucus Hagan Murray lowing amendments. There will be rare Blunt Hatch Portman Begich Harkin Nelson (NE) occasions, as Senator MCCONNELL said Boozman Hoeven Risch Bennet Inouye Nelson (FL) Brown (MA) Hutchison Roberts Bingaman Isakson Pryor when we started this new Congress, Burr Inhofe Rubio Blumenthal Johnson (SD) Reed when he will not, without a cloture Chambliss Isakson Sessions Boxer Kerry Reid Coats Johanns vote, allow us to proceed to a bill. But Shelby Brown (MA) Kirk Rockefeller Cochran Johnson (WI) generally speaking, we have been able Snowe Brown (OH) Klobuchar Sanders Collins Kirk Thune Cantwell Kohl Schumer to move legislation, and that is impor- Corker Kyl Toomey Cardin Landrieu Shaheen tant. I have said the same thing about Cornyn Lee Carper Lautenberg Snowe Crapo Lugar Vitter filling the tree. I will still fill the tree, Wicker Casey Leahy Stabenow DeMint McCain Chambliss Levin Tester but it will be a rare occasion that we will do that. I think that is going to NOT VOTING—3 Collins Lieberman Thune Conrad Manchin Udall (CO) make things around here a lot better. Akaka Coburn Paul Coons McCain Udall (NM) Again, I say thank you very much for Durbin McCaskill Warner The PRESIDING OFFICER. On this Feinstein Menendez Webb allowing this to go forward. This is vote, the yeas are 52, the nays are 44. Franken Merkley Whitehouse very important that we are able to Three-fifths of the Senators duly cho- Gillibrand Mikulski Wyden move on and have the nomination proc- sen and sworn not having voted in the NAYS—33 ess, as relates to judges, move forward expeditiously. There is a lot of blame affirmative, the motion is rejected. Ayotte Enzi Moran Barrasso Grassley Paul to go around as to what has transpired f Blunt Hoeven Portman in years past. We are past that. Let us Boozman Hutchison Risch move on. There are things that prob- Burr Inhofe Roberts ably we as Democrats could have done EXECUTIVE CALENDAR Coats Johanns Rubio Cochran Johnson (WI) Sessions a little differently, and there are CLOTURE MOTION Corker Kyl Shelby things the Republicans could have done Cornyn Lee Toomey differently as it relates to judges. But The PRESIDING OFFICER. By unan- Crapo Lugar Vitter imous consent, pursuant to rule XXII, DeMint McConnell Wicker let us start now, as we have been today, with a new day. the Chair lays before the Senate the ANSWERED ‘‘PRESENT’’—1 pending cloture motion, which the Again, I say for the fourth time, this clerk will report. Hatch is a good day for the Senate. The PRESIDING OFFICER. The Sen- The assistant legislative clerk read NOT VOTING—2 Akaka Coburn ator from Rhode Island is recognized. as follows: Mr. REED. Mr. President, I wish to CLOTURE MOTION The PRESIDING OFFICER. On this thank all my colleagues, particularly We, the undersigned Senators, in accord- vote, the yeas are 63, the nays are 33, those who supported this motion to in- ance with the provisions of rule XXII of the with one Senator responding present. voke cloture. Everyone brought to this Standing Rules of the Senate, hereby move Three-fifths of the Senators duly cho- floor very vigorous arguments and very to bring to a close debate on the nomination sen and sworn having voted in the af- clear positions. of John J. McConnell, Jr., of Rhode Island, firmative, the motion is agreed to. I think what has been confirmed to be United States District Judge for the today is not just moving forward on District of Rhode Island. f the confirmation of one judge but re- Harry Reid, Patrick J. Leahy, John F. EXECUTIVE SESSION Kerry, Dianne Feinstein, Frank R. affirming a practice in the Senate that Lautenberg, Jack Reed, Sheldon White- if the home State Senators submit a house, Robert Menendez, Amy Klo- NOMINATION OF JOHN J. MCCON- District Court nominee who is then put buchar, Barbara Boxer, Daniel K. NELL, JR., TO BE U.S. DISTRICT forth by the President, and if that per- Inouye, Mark Begich, Mark R. Warner, JUDGE FOR THE DISTRICT OF son—that man or woman—receives the Kent Conrad, John D. Rockefeller, IV, RHODE ISLAND appropriate evaluation by the bar asso- Richard J. Durbin, Ron Wyden. ciation, the appropriate vetting by the The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. The ma- FBI, the appropriate scrutiny of the imous consent, the mandatory quorum jority leader is recognized. committee, and then the vote of the call is waived. Mr. REID. Mr. President, I wish to committee is to bring that District express my appreciation to my friends The question is, Is it the sense of the Court nominee to the floor, that we on the other side of the aisle for allow- Senate that debate on the nomination will move to an up-or-down vote on the ing cloture to be invoked on this nomi- of John J. McConnell, Jr., to be U.S. merits of the individual District Court nation. It is so important that we not District Judge for the District of nominee. get into a position where we have to Rhode Island, shall be brought to a There were extraordinary individuals file cloture on all these district court close? The yeas and nays are manda- engaged in this discussion, and they judges. If there are real problems, there tory under the rule. may view—in fact, I think they do is the hearing process. That is where, The clerk will call the roll. view—the merits quite differently than when problems arise, it comes out in I. But what they had firmly in mind The assistant legislative clerk called the committee, and there is ample was not just this moment but the Sen- the roll. time to make a case if you don’t like ate as an institution going forward. I Mr. DURBIN. I announce that the them personally for whatever reason. particularly wish to commend Senator Senator from Hawaii (Mr. AKAKA) is But this is a good man. The biggest ALEXANDER, Senator GRAHAM, Senator necessarily absent. problem he had is he is a trial lawyer— COLLINS, Senator BROWN of Massachu- Mr. KYL. The following Senator is a very fine trial lawyer. setts, Senator MURKOWSKI, Senator necessarily absent: the Senator from But I express my appreciation to MCCAIN, Senator SNOWE, Senator Oklahoma (Mr. COBURN). those on the other side of the aisle who THUNE, Senator SAXBY CHAMBLISS, Sen- The PRESIDING OFFICER (Mr. did the right thing. This is going to ator JOHNNY ISAKSON, and SENATOR UDALL of New Mexico). Are there any make the atmosphere around here so KIRK, as well as all my other colleagues other Senators in the Chamber desiring much more pleasant. I am disappointed who joined. to vote? we weren’t able to get cloture on the This vote, I think, to many of my The yeas and nays resulted—yeas 63, small business jobs bill. That was an colleagues, was less about an indi- nays 33, as follows: important piece of legislation. I vidual and more about whether the

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6576 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 Senate would conduct its business in a I also thank my Republican col- sary civilian casualties. The President time-honored tradition with respect to leagues, those who voted for cloture. chose the right path. District Court nominees; whether the Maybe that will help break some of the I want to say something about this viewpoints not just of individual Sen- logjams here. I think it is very mean- President. He is not a chest thumper. ators from a particular State but the ingful to us on this side of the aisle for He is not somebody who involves him- community of that State—the business that to happen. It should happen, of self in a lot of rhetorical flourishes. He leaders, the civic leaders, the members course, but the fact that it did happen is serious, he is focused, he is factually of the bar—whether their views and maybe says something—that this is a driven. But let no one mistake the fact their evaluation would be weighed suc- day, after what happened over in Paki- that he is fact-driven and often quietly cessfully. stan, that we can come together. It is contemplative for a lack of steel or a I thank everyone for the opportunity meaningful. lack of courage or a lack of strength. to move forward on this nomination. I thank Senator MCCONNELL as well. This incident showed the true strength Again, I appreciate and respect the He had his strong views, but obviously of the man. His speech Sunday night— principled debate and thoughtful de- we know the respect his colleagues modest but forceful, proud but under- bate of those who took a different posi- have for him and thank him as well for stated—was President Obama. There tion. But I think today is not just a understanding that there will be dif- has been a lot of talk of lack of deter- case of an individual nomination; I fering views within both sides of the mination or taking a side or focus. I hope it sets the standard going for- aisle as well as on both sides of the think the people who do that mistake ward—again, a standard that we as aisle. the President’s steel—often low key, Democrats must respect. If a person is DEATH OF OSAMA BIN LADEN often fact-based, often without chest nominated to be a District Court judge, I rise to speak on a different subject thumping or big slogans—for a lack of if that person passes through the close today, and that is about what happened strength. They are so wrong. The ac- scrutiny of the bar association, of the in Pakistan and the aftermath. tions show it. I think every American, FBI, of the Judiciary Committee, and First, of course, the killing of Osama regardless of political party, regardless comes to the floor, that District Court bin Laden, the evil mastermind of the of political attitude and conviction and nominee deserves an up-or-down vote. world’s bloodiest terrorist organiza- ideology, should be proud of our mili- That is something we all have to ex- tion, was a thunderous strike for jus- tary and of our country but also of our pect. It cannot be a device of conven- tice for the thousands of my fellow President. ience for the moment; it has to be a New Yorkers and citizens from all over I want to say one more thing about practice of this institution. I think the world who were murdered on 9/11. It this. I read today’s newspapers, and today we went a long way to institu- took almost a decade, but the world’s there was a great deal of talk about tionalize that. most-wanted terrorist finally met his how some of the facts that were re- I yield the floor for my distinguished fate 4 days ago. New York’s heart is ported in the early moments after this colleague from Rhode Island. still broken from the tragedy of 9/11, great victory were not exactly correct. The PRESIDING OFFICER. The Sen- but at least this brings some measure There is certainly reason to correct ator from Rhode Island is recognized. of closure and consolation to the fami- facts, and they certainly are news, but Mr. WHITEHOUSE. Mr. President, I lies and victims. they should not displace the impor- planned to present some similar When I spoke to the families, one of tance of what happened. For critics to words—if my senior Senator would the things that they said galled them dwell on the early discrepancies and stay just for one moment with me on almost every day when they woke up over-exaggerate their importance the floor. He spoke so eloquently that was that their father or mother, broth- would be an injustice to the magnitude I am simply going to associate myself er or sister, son or daughter, husband of what really happened. It is only 2 with his remarks, but I also want to or wife was gone and bin Laden still days after we learned early Monday add one additional point, which is how lived. That kind of galling knowledge morning of what happened, and all of a much I appreciate his leadership and is no longer in their hearts and minds sudden, it seems, oh, they messed up how hard he worked and the extent to because bin Laden, at least, has met this or they didn’t do that right or this which the credibility he has built over his deserved fate. and that. There were discrepancies and years with his colleagues in this insti- We owe a massive debt of gratitude they should be made public, but to tution has helped to get us to this to our military. They have done an dwell on them, to listen to the morning point. This was not preordained. amazing job. I sat in on the briefings. news shows or to look at the headlines There are times here when it feels as Your jaw drops at their profes- blaring, may have us miss the main if the interest groups that seek our at- sionalism, their excellence, their sac- point, which is that a superb, profes- tention and our good wishes control rifice, their courage, their dedication— sional, well-practiced, and almost flaw- the day around here and there is not unbelievable. less military mission and civilian ac- much of an institution. Today was a That is also true of our civilian intel- companiment got rid of the greatest day in which the institution stood up ligence. The CIA, led by Leon Panetta, terrorist in the world. for itself in all the ways Senator REED should be incredibly proud. We know Let’s keep our priorities straight. mentioned. Again, I associate myself they are. It is an agency that gets too Let’s acknowledge, let’s find the facts with his remarks and add my gratitude little of the acclaim their accomplish- and watch as they come out, let’s make and respect for him for his leadership ments deserve. sure some of the early comments that through this process. Finally, the job President Obama did were not right are corrected, but let’s The PRESIDING OFFICER. The Sen- should not be forgotten. His steely not let that in any way detract from ator from New York is recognized. courage, his quiet courage was incred- the greatness and magnitude of what Mr. SCHUMER. Mr. President, I ask ible. All one had to do was look at happened. Our focus should be on the unanimous consent to speak as in some of the films from the Situation successful mission and on the message morning business and that my time be Room and learn a little bit of the his- it sends to the world, which is, to those counted against cloture. tory to know what an amazing feat this who would test the resolve of the peo- The PRESIDING OFFICER. Without was for our President. He could have ple of the United States of America: Do objection, it is so ordered. taken the easy way out, in a certain not doubt our resolve. If you do us Mr. SCHUMER. Mr. President, I wish sense. He didn’t. The easy way out harm, we will find you, we will mete to add my kudos to Senator REED and probably would have been an air bom- out justice, and we will prevail. That is Senator WHITEHOUSE from Rhode Is- bardment, but we never would have where our focus should be and should land for their persistence and their suc- known certainly that bin Laden is stay. cess today in getting a fine person to gone, and there might have been—prob- I yield the floor and suggest the ab- the bench. ably would have been many unneces- sence of a quorum.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6577 The PRESIDING OFFICER. The terrorism we know in the world today. Terrorism Prevention Act in December clerk will call the roll. They are truly our Nation’s heroes. 2004. This act created the National The assistant legislative clerk pro- While much praise, deservedly, goes Counterterrorism Center. This center ceeded to call the roll. to the two dozen Navy SEALs who is the primary organization in the U.S. Mrs. HUTCHISON. Mr. President, I raided the terrorist stronghold using Government for integrating, analyzing, ask unanimous consent that the order surprise and lethal speed, we should and sharing all intelligence from the for the quorum call be rescinded. not think that they went there alone CIA, FBI, Department of Defense, and The PRESIDING OFFICER (Mr. because they did not. Shortly after the others which pertains to counterterror- CARDIN). Without objection, it is so or- world saw the brutality of Osama bin ism. This is a very important tool for dered. Laden’s savage plan unfold on Amer- compiling the various information that The Senator from Texas is recog- ican soil nearly 10 years ago, President was being gathered by many of the in- nized. Bush took the decisive steps to launch telligence organizations and putting it Mrs. HUTCHISON. Mr. President, I an aggressive campaign to hunt down through one grid and analysis. It was would like to take a few minutes to ac- those responsible, including Osama bin that painstaking analysis through the knowledge the steady efforts of our Laden. last 10 years that allowed actionable Armed Forces and our intelligence One such step occurred on October 26, intelligence to be the instigator of the community to eliminate the leader of 2001, when President Bush signed into effort to take out Osama bin Laden. al-Qaida and to help bring some peace law the PATRIOT Act. It provided the Within our military, we have a small and relief to our Nation and to those law enforcement and the intelligence group of Tier 1 units that are specially who lost loved ones in the tragedy on community greater authority to track selected and highly trained for this 9/11. and intercept communications among exact type of mission. They have I have heard some people say justice suspected terrorists. This law has prov- gained fame in the last few decades has been done because the leader of en to be immeasurably valuable to the through books and movies. But these this terrorist organization has finally intelligence community. It has en- heroes are real. been killed. I am not one who is going hanced our ability to find and capture I wish to point out that the com- to say justice has been done. I do not terrorists. I hope we will be able to mander of these elite warriors, VADM consider taking out the leader of a ter- reach a bipartisan agreement to extend William McRaven, is a proud Texan rorist organization who killed thou- the provisions of the PATRIOT Act from San Antonio, who is also an alum- sands of Americans who just went to that are set to expire at the end of this ni of the University of Texas. Admiral work one day to do their jobs, to add to month. McRaven is a highly decorated Navy their quality of life and the lives of As we have seen from various media SEAL who lives by the SEAL code and their families, an even trade. I do not reports—and I look forward to getting ‘‘earns his trident every day.’’ Vice Ad- consider it is enough. However, it is a more details—the ability to monitor miral McRaven has been nominated by first step to righting the wrong that communications was a crucial lead the President to receive his fourth star was done by not only the leader of al- used by analysts to determine the and, if confirmed, will lead U.S. Special Qaida but all of those he trained eventual location of Osama bin Laden. Operations Command. I can think of no through the years to give up their own As my colleagues are aware, the provi- one better qualified to lead our special lives in order to kill innocent people. sions that are set to expire include the operations than he is. I look forward to He ruined the lives of so many Ameri- authorization for the FBI to use roving supporting his confirmation on the cans, and he also ruined the lives of so wiretaps on surveillance targets be- Senate floor. many young Muslim followers who cause at the time we took up the PA- While these highly skilled com- gave up a productive life for one of ter- TRIOT Act, we were still having to get mandos deserve every accolade that is rorism and murder. permission from authorities to wiretap bestowed upon them, we cannot forget I thank President George W. Bush for a telephone number—not keeping up those who guided them to the target: his relentless efforts to put this accom- with the technology advances that the direct and indirect support per- plishment in motion. He is the Presi- allow you to have a cell phone and sonnel, the technicians, the analysts, dent who received the shock on 9/11, never have a landline and throw away the pilots and crews, and all those who who had to deal with the immediate a cell phone every 15 minutes if you have worked meticulously and atten- aftermath, and he put in place the or- think you are in danger of being under tively for years to finally put together ganizations, the military control, and surveillance. all the pieces to get the SEALs to the the intelligence gathering that have It also has a ‘‘lone wolf’’ provision right place at the right time. brought us to this point today. that allows for the investigation of in- We have seen many changes in the I commend President Obama for car- dividuals who are acting alone but who past 10 years. Departments and agen- rying these principles through to com- have been radicalized and are sympa- cies have been consolidated or created, pletion. As things are unfolding more thetic to terrorist organizations and military commanders have retired, and and more we know President Obama pose a significant national security administrations have changed hands. made a very tough and very decisive threat. Most of the soldiers who conducted and correct decision. I think both These are just two of the provisions that first raid in Afghanistan in Octo- President Bush and President Obama that have enhanced our capabilities to ber of 2001 are no longer wearing uni- deserve praise today. obtain information that has been cru- forms, just as most of those in the I also especially say I am proud of cial in capturing not only terrorists we military today were still in school in the Navy SEALs who knowingly went know have already plotted against us September of 2001. Many of those into harm’s way to take down Osama but also to uncover their plots before signed up to go into the military after bin Laden. Those are the troops who they are able to do harm. 9/11 because they felt so much loyalty probably thought there was a chance We must not allow the provisions of to our country. they might not come back home, but the PATRIOT Act to expire, especially I wish to acknowledge those who de- they are among the most highly at a time when al-Qaida is reeling from voted so many years to pursuing trained forces in the world. They oper- the death of their leader and could be Osama bin Laden. To those who have ate in sea, air, and on land. Each and plotting revenge. Stepping back our in- retired or moved on to other profes- every day they volunteer for some of telligence efforts now could allow al- sions, I want you to know we appre- the most dangerous missions under the Qaida to regroup and launch additional ciate you and your work was not in most difficult circumstances, and with- attacks against our Nation. vain. out recognition. Normally, it is some- Another very important step was Our leaders said from the beginning, thing we never hear about that takes taken when President George W. Bush after September 11—that fateful day— us one step closer to wiping out the signed the Intelligence Reform and that we would get Osama bin Laden.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6578 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 Through the efforts of thousands, we ered from the recession, and we can accounted for 20.7 percent of gross do- did. We have the most professional, the now focus full time on how to cut the mestic product—spending by the Fed- best trained, the best equipped mili- deficit. eral Government—on average. Over tary and intelligence agencies in the The fact is, this is simply not true. that same period, on average, we have world. Professor Alan Blinder, an economist raised 18.1 percent of GDP in the form While there are sighs of relief now at Princeton and former Deputy Chair of revenues. So, on average, we have from the public, our work is clearly not of the Federal Reserve, testified before been running a deficit of about 3 per- done. Al-Qaida is still plotting against the Senate Finance Committee a cou- cent of GDP each year during this 40- our freedom. Other groups are just as ple weeks ago. He made the following year period. Today, that 3 percent of zealously dedicated to the mission of statement: GDP is about $450 billion. destroying our way of life. So while The economic recovery is mediocre at best The one time during this 40 years taking down the head of al-Qaida was a and unemployment remains high. To me, when we achieved a balanced budget— victory, it is also a stark reminder that those conditions describe a bad time to put and even ran a surplus for a 4-year pe- we must remain vigilant. the economy on a diet of either spending riod—was at the end of the 1990s and in As we speak right now, our intel- cuts or tax increases. the year 2000. How did we manage to do ligence experts are employing, ana- Let me point to the first chart to un- that? Well, beginning in 1990, the Con- lyzing, and disseminating the informa- derscore the point professor Blinder gress passed, and President George tion gleaned from the bin Laden raid, made. The recession we have just gone H.W. Bush signed, a bill that both re- and our special operators are preparing through created a very deep hole. If strained spending and raised taxes. for their next mission, whatever it may you look at the number of private sec- Again, in 1993 and again in 1997, Con- be. I believe our country is united in tor jobs that were lost between Novem- gress passed and, in that case, Presi- the commitment to protecting what ber of 2007 and the end of March of 2010, dent Clinton signed, budget plans that makes America great: our freedom and you can see—it is February of 2010—8.8 did even more to do what had been our way of life. million jobs were lost as a result of the done in 1990; that is, both of those I look forward to a day when we will recession. While things are getting bet- plans restrained spending and raised not have to walk through a body scan ter, it is clear they have not gotten revenues. or put our shoes on an x-ray machine better enough. We have now created 1.8 We enjoyed a strong economy during to get on an airplane. I look forward to million new jobs since we began adding those years in question and that, of a day when we will not have to fight private sector jobs. So we still have a course, helped to bring more revenue against an enemy who is living among shortfall of about 7 million jobs that into the government and get us to a us, an enemy who is plotting against us need to be created in order to get back balanced budget and a surplus. in our own country, an enemy who is to where we were in November of 2007. What went wrong that caused us to, willing to kill itself in order to kill in- Of course, there have been a lot of new once again, fall into deficit? I will cite nocent people and destroy our way of people who came into the job market three factors: life. I look forward to a day when we since then, so we need to create more First, the tax cuts Congress enacted never see a casket at Dover, DE—one of jobs than that. in the last decade. Beginning in 2001 our military elite coming home having We are encountering some strong and then again in 2003, Congress passed made the ultimate sacrifice. headwinds in our effort to dig out of what have come to be known as the That day will only come if we as a the recession. The strongest headwind Bush tax cuts. These fairly drastically nation remain willing to fight to pro- is the high price of oil and gas, which reduced the revenue coming to the Fed- tect the ideals of America—the founda- is a tax on consumers, a tax on our eral Government. At the same time we tion that was laid by our Founding Fa- businesses, and it comes at a very bad were cutting taxes, we ramped up Fed- thers and has been protected by every time. We are all looking for ways to eral spending, primarily for defense, generation since that time. Today is a try to deal with that. Frankly, it is dif- and that is a result of the Afghanistan day we reflect on those principles. It is ficult to legislate a solution. war and the Iraq war. The estimate a day we renew our commitment to up- Another headwind is one of our own there is that something like $1.3 tril- hold them at all costs. creation; that is, the constant drum- lion has gone into those efforts. In ad- I yield the floor. beat we hear to cut spending at all lev- dition to defense, we ramped up spend- The PRESIDING OFFICER. The Sen- els of government—cut it in Wash- ing on health care primarily by includ- ator from New Mexico is recognized. ington, cut it at the State level, cut it ing a prescription drug benefit in Medi- Mr. BINGAMAN. Mr. President, I ask at the local level. My own strong view care. All of that increased spending oc- unanimous consent that I be allowed to is we should heed Professor Blinder’s curred without any increase in reve- speak for up to 10 minutes as in morn- advice. We need to continue to work to nues to pay for it. I repeat that none of ing business. keep investing in those things that will this spending was offset with increased The PRESIDING OFFICER. Without help us create good-paying jobs. Tim- revenues. objection, it is so ordered. ing is important. We clearly need to re- The third factor, of course, that has THE ECONOMY duce the deficit, but we should adopt brought us into the very serious deficit Mr. BINGAMAN. Mr. President, the policies this year that will put us on a we now face is the slowdown of eco- country faces two large economic chal- long-term path to reduce the deficit. I nomic activity. This contributed sub- lenges. The first is growing our econ- hope these policies will delay major stantially to increased expenses for the omy, creating jobs, getting the econ- cuts in spending and major increases in government and some of the entitle- omy back on track. The second major taxes, until we can come out of this re- ment programs—Medicaid, food challenge is cutting the deficit. I wish cession some additional distance. stamps, and a variety of them—but to briefly talk about both of those. Let me talk about the deficits, the also the decreased revenues. When peo- I have four charts—one that relates second challenge I talked about before. ple are earning less money, they pay to jobs and growing the economy and We have a chart called ‘‘Federal Reve- less in taxes and less revenue comes to three that deal more specifically with nues and Outlays as a Percentage of the government to pay for those serv- the deficit. Gross Domestic Product.’’ This is for a ices that the government is providing. Unfortunately, in Washington, the 40-year period, from 1970 to 2010. It is a The deficit, of course, has worsened debate has shifted almost entirely to a chart the Congressional Budget Office substantially in the last 2 years be- discussion of the deficit. Too many prepared and presented to us. cause of, first, reduced Federal taxes people in Washington are pretending Clearly, there are some important being collected, largely a result of the our efforts to generate growth in the points you can take away from this recession; second, increased Federal economy have been accomplished, that chart. No. 1, on average, over the last spending—both because there is more it is a done deal, that we have recov- 40 years, the Federal Government has demand for government services as a

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.000 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6579 result of the recession and also because the Budget Committee, is putting to- of the Internet. I have to give credit to we passed the Recovery Act to stimu- gether a proposed budget plan for that my opponents on this issue who have late the economy. I think most econo- committee’s consideration. done a masterful job of manipulating mists would conclude it has helped All of these plans I have mentioned the American public into believing stimulate the economy. follow the model used in the 1990s of that net neutrality is something that The Pew fiscal analysis initiative combining both spending cuts and rev- it is not. analyzed the policies and legislation enue increases. The only proposal that Net neutrality is not about a govern- that have caused the surpluses of the does not follow this model of a bal- ment takeover of the Internet. It is late 1990s to become the deficits we see anced package of spending cuts and tax simply the idea that all content, today. They produced a list showing increases is the budget that was passed whether it is a Web page, an e-mail, or their conclusions. That list is on this by the House Republicans 2 weeks ago. a movie we are downloading can load chart. We can see these are in the order Rather than raising revenue while cut- onto our computers at home at the of importance, the order in which they ting spending, it would cut revenue same speed, regardless of who owns or contributed to the current deficit situ- while cutting spending. In my view, controls that content. ation. this cannot lead us to a lower deficit. This is not a radical idea. It is what The top two drivers on this list are There is a lot of political polariza- we experience today when we use the the 2001 and 2003 tax cuts—they action in Washington. I remain hopeful Internet. Right now, if we buy count for about 13 percent of what we that we can get a critical mass of Rihanna’s latest song from iTunes, it face today in deficits—and the Iraq and right-thinking people to do what is re- downloads as quickly as a song from a Afghanistan wars, which account for sponsible, to come together on a bal- friend who started a band in his or her about 10 percent of what we face. anced package of spending cuts and garage. All told, tax cuts caused 21 percent of revenue increases that we can commit If you send an e-mail to your mother, deficits since 2001; increased defense to going forward. We should be able to it arrives in her inbox just as quickly spending caused 15 percent of deficits. agree on policies that grow the econ- as the e-mail she gets from President Two-thirds of that was due to Iraq and omy and shrink the long-term deficit. Obama. If you start a Web site for your Afghanistan. Increased nondefense I pledge my best efforts to achieve small business, your customers are spending caused 10 percent of the defi- these objectives. I urge my colleagues able to access your Web site and place cits we currently face; the Recovery to work to do so as well. orders for your products just as quick- Act caused 6 percent; Medicare pre- Mr. President, I yield the floor, and I ly as if they were buying from a multi- scription drug caused 2 percent. suggest the absence of a quorum. national corporation. The final chart I have shows how The PRESIDING OFFICER (Mr. I like to talk about YouTube’s early these policies have affected the deficit MERKLEY). The clerk will call the roll. days as a startup because it is such a over time. This is a chart which is la- The bill clerk proceeded to call the powerful example of why net neutrality beled ‘‘Why CBO’s debt projections roll. is so critical and how this simple con- changed between 2001 and 2011,’’ the Mr. FRANKEN. Madam President, I cept helped create a billion-dollar com- specific policies and drivers. I know ask unanimous consent that the order pany practically overnight. YouTube’s this is very difficult for anyone to see for the quorum call be rescinded. early headquarters were situated in a on a television. Let me make the main The PRESIDING OFFICER (Mrs. tiny space above a pizzeria and Japa- points. HAGAN). Without objection, it is so or- nese restaurant in San Francisco, CA. The main points are that the changes dered. But just 6 months after the site was ac- caused by the legislation make up the Mr. FRANKEN. Madam President, I tivated, over 100 million people were large segments at the top of the chart, ask unanimous consent to speak as in using YouTube to watch videos every including interest charges. They morning business. day. Less than 2 years after it started, caused 65 percent of the deficits when The PRESIDING OFFICER. Without YouTube sold their business to Google we look at these policy changes. The objection, it is so ordered. for $1.6 billion. Isn’t that incredible? remaining 35 percent of deficits are due NET NEUTRALITY Well, I am here to tell you it would mainly to the economic and technical Mr. FRANKEN. Madam President, I not have been possible without net adjustments to CBO’s projections pri- rise today to talk about the effort of neutrality. At that time, Google had a marily to reflect the lower revenue we the House last month to repeal the competing product, Google Video, have enjoyed because of the recessions. Federal Communications Commission’s which was the standard at the time but How do we dig out of the hole we are net neutrality rules. Net neutrality is was widely seen as inferior. If Google in? I say simple obvious things. No. 1, the very simple idea that all content had been able to pay Comcast or we need to keep the focus on growing and applications on the Internet should Verizon or any of the others large the economy. As Professor Blinder be treated the same regardless of who amounts of money to make its Web site said, do not put the economy on a diet. owns the content or the Web site. This faster than YouTube’s, YouTube would This is not the right time to do that. is not a radical concept, in large part still be floundering over that pizzeria Second, we need to agree, as we did because it is what we see and experi- or most likely it would have ceased to in 1990 and 1993 and 1997, to a balanced ence every time we use the Internet. exist at all. Fortunately, Google package of spending cuts and tax in- But the House wants to change all of couldn’t pay for priority access, and creases that will, once again, put us on that and effectively turn control of the the rest is history. a path to a balanced budget. We have Internet over to a handful of very pow- What I am saying is, we take, and some serious proposals to work from in erful corporations. have taken, this equality that achieving this deficit reduction plan. I want to take a few moments today YouTube enjoyed—this basic fairness Of course, the President’s deficit reduc- to tell you why I think the House’s or neutrality—for granted in large part tion commission, the Simpson-Bowles vote was a mistake, and why I am because that is how the Internet has commission, and Senator Domenici and going to do everything in my power to always been. Unfortunately, many Alice Rivlin, the former head of the make sure we don’t make the same Members of the House have twisted Congressional Budget Office, put out a mistake in the Senate. But before I get this concept and are misleading the bipartisan commission report which is into those details, I think it is impor- American public into believing that very constructive. The President him- tant to take a step back and talk about the government wants to take over the self has given the framework for a the Internet we have today. Internet. That is simply not true. plan. There is a bipartisan group of Let’s be clear. The Internet we have One Member of the House actually Senators, the Gang of 6, who are work- exists because it is free and open, be- got up on the House floor and said this: ing to come up with a proposal. And, of cause we have always had net neu- Over the last 10 years, over $500 billion— course, Senator CONRAD, who chairs trality throughout the entire existence billion with a ‘‘b’’—of private investment has

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6580 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 been made to develop broadband throughout controlling the last free and open dis- Internet has been placed in the hands the country. This is without any kind of tax- tribution channel we have in this coun- of a small number of players. Media payer money. try. consolidation has raised the stakes for He is wrong on that point, but let’s As telecom companies have grown certain mega conglomerates which put that aside for now. He went on to larger and fewer and started owning have a lot more to gain in a world say: not just the pipes but also the content, without net neutrality. I was last year This is private sector money being put into their incentives have changed. They on the Senate floor talking about net the marketplace to go and create jobs, to go are starting to care more about giving neutrality back in December when the and create the kinds of technologies that their own content a competitive advan- NBC-Comcast merger had not yet been allow you to view and use all kinds of apps tage rather than promoting innovation approved by the FCC or the Depart- that are available on these kinds of devices. ment of Justice. At the time, I warned That was done without net neutrality. They and competition on the Internet. would tell you that they need net neutrality The fight for net neutrality isn’t this would be the first in a cascade of in order to have this innovation. Of course, about changing the Internet, it is media consolidation deals. Wouldn’t they fail to point out that net neutrality was about creating a few rules of the road you know it, 2 months later, AT&T an- not in place when all this innovation hap- to keep it open and free, to keep it the nounced another record-breaking $39 pened. same, and to continue the innovation billion deal with T-Mobile. Yes, it was; it was in place. That is and growth that is such a creator of That merger, which Wall Street ap- the whole point. All of this innovation jobs and wealth. plauded, is almost assuredly going to occurred while net neutrality was in The fight for net neutrality is about be a raw deal for consumers. If ap- place. We are not trying to change any- making sure large corporations are not proved, we will have a duopoly in wire- thing. We are keeping the Internet the allowed to put tollbooths on the infor- less telecommunications in this coun- way it has been during this explosion mation superhighway. This fight is try. Eighty percent of the wireless in innovation. about making sure that the Internet space will be controlled by two compa- Now, my fervent hope is that this stays the way it is—free, open, equal, nies—AT&T and Verizon. Member of Congress was just horribly, available to everyone regardless of how I look forward to the hearing next egregiously misinformed because not much they can pay to get their con- week in the Antitrust Subcommittee of only is his statement untrue, it is the tent. the Judiciary Committee so we can fur- opposite of true. It is 180 degrees oppo- There was a time not so long ago ther explore the details of this deal. site of the truth. when net neutrality was a bipartisan But I think it is fair to say I am very Please, everyone understand this, I issue that was not incredibly con- skeptical because it is likely to raise beg you. Net neutrality has been in troversial. Three years ago, Mike prices and it certainly will reduce place since the beginning of the Inter- Huckabee was talking about the need choice for consumers. I have always net. to keep the Internet a level playing been skeptical of media consolidation From the very beginning, during all field. In 2006, 11 House Republicans because at the end of the day, when of that explosive growth, the Internet voted in favor of net neutrality on the corporations have tremendous amounts operated with an understanding that floor. Rarely do you have the Gun Own- of power to control prices and cripple network providers must treat all con- ers of America and the Christian Coali- competitors to benefit their bottom tent the same and must interconnect tion joining with moveon.org and the line, everyone loses. But the impact of media consolida- the pipes they have to customers’ ACLU to advocate for the same policy tion in telecommunications is about homes with the pipes that are owned of nondiscrimination on the Internet. more than just consumer prices. We by other operators. This was a funda- But they all agree on net neutrality. have always known that large corpora- mental design principle that was estab- And so do the Catholic bishops. tions have the power to influence elec- lished by academics, engineers, and Later today, I will receive 87,000 let- tions. Last year, the Supreme Court’s ters opposing the House’s effort to computer scientists who designed the decision in Citizens United took a situ- undo the FCC’s open Internet rules. earliest protocols for Internet traffic. ation that was already terrible and The fact is, the Internet started and These letters came from Americans made it worse—much worse. Now grew because everyone realized they across the United States, including AT&T, Verizon, Time Warner, and needed to cooperate and work together 2,000 letters from Minnesotans who are Comcast can spend unlimited amounts for customers to be able to have access worried about this issue. They want of money to support the candidate or to the content they wanted. They real- the Internet to stay the way it is—open campaign they care most about or try ized that is what consumers needed to and free from corporate control. to weaken or kill net neutrality. It create demand for Internet service, and I am confident as more Americans re- does not take a rocket scientist to re- they realized that is what would lead alize what is at stake, we will hear alize that when a single corporation— to the most innovation on the Internet. from more and more constituents who in this case AT&T—spends $15.3 million The FCC isn’t trying to change that. will ask us to protect them from cor- in a single year to influence Congress It has no interest in derailing free en- porate takeover of the Internet. and has 93 full-time lobbyists on its terprise. Quite the contrary. The FCC What is most striking about this roster, Congress might churn out legis- is interested in protecting the issue, which seems to have gotten lost lation that AT&T likes. innovators and entrepreneurs who have in the rhetoric that my opponents use, How can American consumers, stuck made the Internet what it is today. Be- is that experts from Bank of America, with rising cable, Internet, and cell cause of the Internet, you no longer Merrill Lynch, Goldman Sachs, phone bills, ever be expected to counter need a major studio to like your film Citibank, Wells Fargo, and Raymond that type of lobbying power? or a television show you produce in James have all stated they do not be- With media consolidation, we have order to have people see it. You no lieve the FCC’s current rules will hurt seen a shift in the net neutrality talk- longer need a major record deal to investment. Citibank has called the ing points of Members of Congress who start distributing your music. You no rule ‘‘balanced’’ and Goldman Sachs are also receiving large checks from longer need a high school diploma or a said it is ‘‘a framework with a lot of Verizon, AT&T, and Comcast. Yet the fancy degree to launch a small business wiggle room’’ that is a ‘‘light touch’’ irony here is that the open Internet and sell your products online. We don’t by the FCC. Despite this broad and di- rules passed by the FCC earlier this want to change that. We want to pre- verse coalition of businesses and inter- year are actually pretty weak and rid- serve that. est groups, we are still arguing about dled with loopholes. Actually, I think The FCC’s only goal is to make sure something that should have been set- that is the ‘‘wiggle room’’ to which the Internet we know and love does not tled long ago. Goldman Sachs was referring. become corrupted and altered by a Why is that? A lot has changed in the These rules are, let’s be honest, a me- small number of large corporations last couple of years. Control of the diocre compromise drafted to appease a

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6581 handful of powerful Internet service Frankly, the best way to bring down Security—changes that will devastate providers. the deficit is to help 15 million unem- the economic security of the middle I was not happy with these rules and ployed Americans get good middle- class in this country. thought the FCC should have done class jobs again. Those hard-working The Republican budget says we can- more, particularly to cover wireless Americans would be delighted to be on not cut one additional dime from the Internet networks. But it did not. It the tax rolls and to be taxpayers once Pentagon budget because I guess to did not in part because the Commission again. But, regrettably, the tea party them there is no waste in the Pen- wanted companies such as AT&T to get budget passed by the House Repub- tagon, there are no unnecessary weap- on board with its plan, and AT&T did— licans last month takes us in the oppo- on systems, no troops based in Japan more or less. AT&T did not think the site direction—it would weaken our or Europe or elsewhere who could be rules were ideal, but it acknowledged economy and destroy jobs. brought home. Meanwhile, this tea the framework is a compromise that I have spoken previously on the Sen- party Republican budget slashes Fed- gives its investors certainty. ate floor about the grave flaws in the eral investments in everything from That has not changed how the House Republican budget. But beyond the education to infrastructure to law en- is framing its rhetoric about this rule, misguided priorities in that budget, I forcement back to the levels of the which is one of the reasons I think the object to its premise. The premise of 1920s. Again, let me repeat that. It vote last month was a political stunt the tea party Republican budget com- slashes Federal investments in every- designed to misinform Americans and ing over from the House is that Amer- thing from education to infrastructure appease a small number of very vocal ica is poor and broke and we can no to law enforcement back to the levels critics. This is not what most Ameri- longer afford the investments that of the 1920s. cans, entrepreneurs, or small busi- make possible a strong middle-class It also repeals Wall Street reform nesses want. They and I want a world and world-class economy. Indeed, some that we passed here, as well as the con- where the future Twitters, eBays, and House Republicans take the radical sumer protections in the affordable Amazons of the world can grow and view that government has no business care act, including the ban on denying coverage for preexisting conditions. thrive without interference from big, investing in the middle class, period. I What has that got to do with the def- mega conglomerates. emphatically reject the defeatist Finally, regardless of how one feels icit? premise of this Republican budget. The Their budget cuts funding for food about the FCC’s rules, I think we can United States of America is a wealthy safety, workplace safety, environ- all agree this issue requires thoughtful Nation—the wealthiest Nation in world mental protection, and guts the com- debate and discussion, not the kind of history. The problem is how that monsense regulation of corporate uninformed rhetoric I quoted earlier wealth has been shared or not shared America. It tells Wall Street bankers from the House debate. By forcing an among the American people, with in- and speculators, health insurance com- up-or-down vote through the Congres- come inequality that is the highest panies, credit card companies, and sional Review Act, the House leader- among developed countries. Let me re- mortgage lenders: You are free to go ship short circuited the normal legisla- peat that. Right now, income inequal- back to the reckless abusive practices tive process and ignored the FCC’s ity in America is the highest among of the past. We will just trust you to do work on this issue. developed countries. So the problem is what is right for the American people. The FCC spent months examining how our wealth has been invested or To appreciate just how extreme and this topic and meeting with tons of misinvested, with trillions of dollars ideological this budget is, look more stakeholders and Internet companies. squandered by money manipulators on closely at the blueprint for replacing It carefully considered and com- Wall Street or funneled to those at the Medicare with a voucher system. The promised on a range of issues that I, top through tax cuts. nonpartisan Congressional Budget Of- frankly, wish they had not budged on. Unfortunately, the tea party budget, fice estimates that by 2030, future sen- To claim that the FCC engaged in a authored by Congressman RYAN, would iors would have to pay two-thirds of power grab is unfair and far from the make these problems far worse. It lav- the cost of their private health insur- truth. ishes yet more tax cuts on corporations ance. Their out-of-pocket costs would The White House has said the Presi- and the wealthy even as it slashes in- average in excess of $12,000 per person, dent will veto this resolution, but I vestments that undergird the middle per year—more than double the current will be working hard in the coming class in this country—everything from cost to seniors. Yet this would pay for months to make sure that we have education funding to Medicare and private plans that would provide only enough votes to stop this before it Medicaid. Let me state the obvious: If half of current Medicare coverage. How reaches the President’s desk. working people in the middle class are many seniors can afford to pay $12,000 We are at a pivotal moment. If we do going to take a hit in tough times, it annually out of pocket for health in- not act to preserve the FCC’s open shouldn’t be to take a hit to pay for surance that only gives them half the Internet rules, the Internet as we know tax breaks for millionaires and billion- coverage they have right now for Medi- it today may cease to exist. I hope my aires. care? And good luck finding affordable colleagues will recognize this and will Let’s look at some of the particulars coverage if you are a 70-year-old with a join with me in voting down the in this so-called deficit reduction plan preexisting condition, such as heart House’s resolution of disapproval. of the House Republicans. For starters, disease. Good luck fighting endless bat- Madam President, I yield the floor never before have I heard of a deficit tles with your private health insurance and suggest the absence of a quorum. reduction plan that begins by demand- company over that one. The PRESIDING OFFICER. The ing trillions of dollars in new tax cuts, Madam President, does this tea party clerk will call the roll. largely for corporations and the Republican budget reflect our values The bill clerk proceeded to call the wealthy. In addition to allowing the and priorities as Americans? Is this the roll. very wealthy to keep all of the benefits kind of country we want to live in, the Mr. HARKIN. Madam President, I of the Bush-era tax cuts and to keep kind of country we want to pass on to ask unanimous consent that the order them permanently, the Republican our children? Of course not. Americans for the quorum call be rescinded. budget would cut the top tax rate from don’t want or expect a handout, but The PRESIDING OFFICER. Without 35 percent down to 25 percent. Let’s they rightfully expect a government objection, it is so ordered. again state the obvious: This doesn’t that lends a helping hand, not one that THE BUDGET reduce the deficit; it digs the deficit stands in their way and not one that Mr. HARKIN. Madam President, ev- hole much deeper. destroys the essence of the middle eryone in this body agrees that we Next, the Republican budget disman- class. The American people want a gov- must take aggressive action to reduce tles Medicare and Medicaid and lays ernment that helps them to achieve re- the deficit, but we have to do it right. the groundwork for deep cuts to Social tirement security, a government that

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6582 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 makes sure that when we put money Meanwhile, our middle class is under As I said, the article by Lori Mont- away for retirement, it is going to be siege. Our middle class is being dis- gomery in the Washington Post clearly there when we retire. The American mantled as fast as big corporations can points out, and the CBO clearly points people want to maintain strong invest- shift our manufacturing jobs overseas. out, that half of the hole we are in ments in education and infrastructure. People are losing their savings, their came from reductions in revenue, one- To reduce deficits, the American peo- health care, their pensions, and in quarter came from increases in defense ple want shared sacrifice, including an many cases losing even their homes. spending, and one-quarter from every- increase in revenues from those who With good reason, the American people thing else. can most afford it. They want an end feel they are losing the American As the CBO analysis makes clear, we to taxpayer subsidies to oil and gas dream for themselves and for their do not just have a spending problem, companies, and they want to cut Pen- children. we have a revenue problem. The main tagon spending. Yet the Republican That is why we cannot look at the source of our current deficit problem is budget does exactly the opposite in deficit reduction challenge in isolation. not the modest increase in domestic every single respect. We cannot just take a slash-and-burn spending beyond the one-time spending Make no mistake, this tea party Re- approach to the budget. Smart coun- in the Recovery Act—which is rapidly publican budget puts us on a course of tries do not just turn a chainsaw on coming to an end. The principal source disinvestment, drift, and decline. This themselves. Instead of this tea party of our deficits is the deep tax cuts and budget wreaks of pessimism and gloom Republican budget, which is being sold the surging Pentagon budget, 75 per- and doom. As I said, its defeatist through fear and fatalism, we need a cent of our current problems. premise is that the United States is budget that reflects the hopes and aspi- Yet now the tea party Republican poor and broke and we can no longer rations of the American people. We budget calls for trillions of dollars and afford a strong and secure middle class, need a budget that brings deficits yet more new tax cuts, largely for we can no longer afford to prepare our under control in a way that allows us those at the top. It refuses to cut Pen- young or care for our elderly. Yet, to continue investments that boost tagon spending in any significant way. bizarrely, the Republicans insist that competitiveness, create jobs, and It places almost the entire burden of we can afford—we can absolutely af- strengthen the middle class. deficit reduction on programs that sup- ford—another enormous tax cut for I would add this: We need a deficit report the middle class, seniors, people millionaires and billionaires. duction plan that actually attacks the with disabilities, and those of low in- I totally reject their premise. I reject sources of our current deficits. What come. this defeatist Ryan budget—the are those sources? Well, a remarkable Americans are rightly asking some premise that America is poor and article from the front page of Sun- commonsense questions. If a principal broke. day’s—May 1—Washington Post by source of our deficit problem has been Here is the truth: The United States Lori Montgomery documented clearly deep tax cuts largely benefitting those is recovering from the largest eco- how the huge budget surpluses of the at the top, shouldn’t a big part of our nomic downturn since the Great De- Clinton years were turned into the $1 deficit reduction plan include allowing pression and from the damage caused trillion budget deficit President George those unaffordable tax cuts to expire? by very unwise budget decisions made W. Bush passed on to President Obama. If ongoing domestic spending increases over the last decade, and we are grow- The article states: are only a minor source of our deficit ing wealthier by the day. Our entrepre- Voices of caution were swept aside. Polit- problem, why does this Republican neurial economy, our technology, our ical leaders chose to cut taxes, jack up spending, and, for the first time in U.S. his- budget take a slash-and-burn approach universities and the arts are the envy tory, wage two wars solely with borrowed to these programs which are so impor- of the world. Americans are still the funds. tant to the middle class and to working best educated and most productive peo- The article cites a new analysis by Americans? The answer, of course, is ple on Earth. the nonpartisan Congressional Budget the tea party Republican budget is not Most importantly, Americans con- Office which determined that ‘‘routine principally a deficit reduction plan. It tinue to be an optimistic, can-do peo- increases in defense and domestic is an ideological manifesto that encom- ple. We have faced national trauma, in- spending account for only about 15 per- passes the entire party wish list, every- cluding depressions and wars and na- cent of the financial deterioration. The thing from more tax breaks for the rich tional disasters, many times before, biggest culprit, by far, has been an ero- to dismantling Medicare and Medicaid. and we have always rebounded stronger sion of tax revenue, triggered largely I have a simple test for judging any and better than ever. We can overcome by two recessions and multiple rounds budget plan. What does that plan do to our current challenges without sacri- of tax cuts.’’ give hope and opportunity to middle- ficing our great middle class and with- The article also notes that Federal class Americans who have been hardest out abandoning our seniors or people tax collections now stand at their low- hit by the economic downturn? with disabilities and the less fortunate est level as a percentage of the econ- To speak in terms specific to my among us. omy in 60 years. State of Iowa, what did it do for Web- There is one important point of Let me repeat that—their lowest ster City? Webster City is a community agreement on both sides of the aisle level in 60 years. like thousands of others across the here in the Senate: We agree the cur- Of legislation passed since 2001, when United States. It is a town where mid- rent budget deficits are unacceptable. George W. Bush became President, dle-class families work hard, play by We must bring these deficits under con- about half of the negative impact on the rules, sacrifice for their children. trol. deficits came from reductions in rev- But it is also a town where a decent However, deficits are by no means enue and nearly a quarter came from middle class way of life is threatened. our only urgent economic challenge. increases in defense spending. One-half Recently, in Webster City, IA, the An even greater challenge—a greater came from reductions in revenue. Electrolux plant that has been the challenge—is our fragile economy and I am talking now about what are the town’s economic engine for over 80 the jobs crisis. Addressing this success- sources. What are the sources of the years closed its doors. Production was fully will help reduce the deficit. Now, deficit hole we are in? In 2001, we had moved to Juarez, Mexico. In the final the unofficial unemployment rate is 8.8 huge surpluses. CBO said if we main- round of layoffs in March, 500 Iowans percent, but the real unemployment tained the same budget policies that by lost their well-paying, middle-class rate, including people who are under- 2010 we would have paid off the entire jobs. employed or who have dropped out of national debt. 10 years later, in 2011, we This most recent factory closing the job market in frustration and are have a $1.4 trillion deficit. What hap- comes on the heels of 222 plant closings no longer working, is a staggering 16 pened? What decisions were made in just in Iowa last year, destroying near- percent. those 10 years that put us in that hole? ly 12,000 well-paying, middle-class jobs.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6583 As we all know, each of these plant clo- an unprecedented assault on middle- average income of working Americans sures reverberated on Main Street, class and working Americans. Their has actually declined while those in with many local stores and restaurants message to struggling folks in Webster the top 10 percent of income earners falling on hard times or going out of City and communities like it across and wealthy in America, their incomes business themselves. Let’s be clear, the America is brutally clear: Tough luck. and their wealth has soared to new lev- wrong kind of budget plan, one that in- I have mine. You are on your own. els. Vast wealth because of tax breaks discriminately slashes funding for edu- This Republican tea party budget and other government preferences have cation and job training, infrastructure would drive down our standard of liv- flowed to millionaires and money ma- and research, will deepen the plight of ing, shred the economic safety net, re- nipulators who pay a tax rate that is Webster City and similar communities duce access to health care and higher lower than that paid by their chauf- across America. Indeed, by accel- education, and do damage to our public feurs and secretaries. erating the erosion of the middle class schools’ ability to prepare our kids for In 2007, the top 25 hedge fund man- in this country, such a plan will make the jobs of the future. We can and must agers took home an average income of our fiscal situation even worse. There do better. $892 million—yes, you heard that right, can be no sustainable economic recov- I have come to the floor to propose $892 million each, average income for 1 ery in the United States without the an alternative approach to the Federal year. Over the last decade, the average recovery of the middle class. There can budget, a planned approach that will income of the top 1 percent in America be no sustainable solution to our budg- discipline the Federal budget and bring increased by an average of more than et challenges without a strong middle deficits under control while continuing one-quarter of a million dollars a year. class, a middle class that is getting its to make critical investments in a Again, let me repeat: The top 1 percent fair share of rising national income. stronger America. Best of all, we know of income earners in America, their in- As I said earlier, we are growing this approach can work because it is come increased by an average of more wealthier by the day in America. We consciously modeled on the successful than one-quarter of a million dollars a are the wealthiest country in world budget policies of the 1990s. year for 10 years. I ask, who in their history, and we are growing wealthier Under President Clinton’s leadership, right mind believes these people need by the day. But what we ought to make Congress passed a bold economic plan another giant tax cut? sure is that the middle class will get that combined tough-minded spending People do not hate the rich. To the its fair share of that rising national in- cuts with smart investments and, yes, contrary, most Americans aspire to do come. revenue increases. This created large well and to achieve financial independ- Again, I think the test of a budget budget surpluses and put us on a track ence. That is a big part of the Amer- plan is this: Will it strengthen the mid- to completely eliminate the national ican dream. But Americans do resent it dle class in America? Will it require debt within a decade. It created a brief when the wealthy and powerful manip- shared sacrifice with a promise of era of shared prosperity for the middle ulate the political system to reap huge shared prosperity in the long run? I class, with 22 million new jobs and 116 advantages at the expense of working have applied this test to the tea party consecutive months of economic expan- people and the middle class. Ordinary Republican budget and it comes up sion, the longest in American history. people think the game is rigged and un- woefully short. I say to the people across America, fair, and you know what? They are This tea party Republican budget we can do this again. The key to re- right. Yet this tea party Republican cuts the top tax rate for millionaires newing America and restoring our budget says to middle-class Americans and billionaires from 35 percent down economy is to revitalize the middle again: Hey, tough luck. I have mine. to 25 percent. How will that help laid- class. This means reducing deficits You are on your own. Your retirement off workers in Webster City? while continuing to invest in edu- security is expendable. Your access to The Republican budget dismantling cation, innovation, and infrastructure, health care and college is expendable. Medicare and replacing it with an ab- boosting American competitiveness. It Your desire for quality public schools surdly inadequate voucher system, will means restoring a level playing field is expendable. Your quest for a modern- that strengthen the retirement secu- with fair taxation, an empowered ized transportation system is expend- rity of seniors in Webster City? workforce, and a strong ladder of op- able. All these things, according to the This budget of the Republican tea portunity to give every American ac- Republican budget, are expendable in party people guts Medicaid. Will that cess to the middle class. order to create a Tax Code even more improve the lives of seniors and people We have the resources, both financial favorable to the rich and the powerful with disabilities who depend on Med- and human, to do these things. I repeat and the privileged. icaid to pay for nursing home care and what I said earlier, the central false- This is deeply wrong. The middle home health care assistance? hood in the tea party Republican budg- class is the backbone of this country, The tea party Republican budget et is its assumption that America is and it is time our leaders showed the slashes funding for Pell grants. Will poor and broke; its assumption that we backbone to defend it. We need an al- that improve the prospect for kids in can no longer afford to invest in a pros- ternative, a budget that invests in edu- Webster City who plan to go to college perous and secure middle class. Again, cation and opportunity for all Ameri- but whose parents are now unemployed I say emphatically, we are not poor and cans, a budget that invests in the re- and without resources? we are not broke. We have the highest tirement security of the middle class The tea party Republican budget per capita income of any major coun- and, yes, a budget that does not aban- makes Draconian cuts to everything try. As I said earlier, the problem is don the less fortunate among us, in- from food safety and law enforcement how our wealth is distributed, how it is cluding seniors and people with disabil- to environmental protection. How will managed, and how it has been in- ities. that improve the quality of life in Web- vested—or should I say ‘‘misinvested.’’ As we saw in the 1990s, we can do ster City and communities across Income inequality in the United these things at the same time we are America? We know the answer to these States has reached levels not seen bringing deficits under control. This questions. The bottom line is, the Re- since immediately before the Great De- will require smart, prudent reductions publican’s budget offers more pain and pression. Middle-class Americans are in spending, and it will require reform no gain to the people of Webster City. working harder than ever, but they are of the Tax Code to make it fairer and Instead of increasing opportunity, it falling behind. Real average incomes more equitable, a Tax Code that asks sends a message of surrender and de- have not gone up since 1979, more than more from those at the top whose in- feat. Indeed, let’s speak the plain three decades ago. Let me repeat that: comes have skyrocketed in recent dec- truth. With this tea party budget, Re- Average real incomes haven’t gone up ades. publicans have taken their class war- since 1979, more than three decades Let me speak first about spending fare to a new level. They have launched ago. In fact, over the last decade, the cuts. I hope I have set an example with

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6584 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 my own appropriations subcommittee, and ineffective procedures, while pre- a transaction tax, in order to ‘‘slow the the Subcommittee on Labor, Health serving the quality of care. rampant speculation that has created and Human Services, Education, and We can and must build on the health such havoc in our financial markets.’’ Related Agencies of the Appropriations care savings in the Affordable Care We also should be working to elimi- Committee. The fiscal year 2011 spend- Act. But my friends on the other side nate the tax provisions which promote ing bill that was enacted last month of the aisle want to repeal the Health the shifting of jobs to other countries. cuts spending in these areas by almost Reform Act. But they do not say where The President’s budget proposes the $6 billion and eliminates dozens of indi- they are going to get the money to elimination of over $100 billion in vidual programs. I also serve on the make up the $1 trillion hole it will international tax breaks in this area. Appropriations Subcommittee on De- blow in the budget in the next decade. A prudent but aggressive mix of fense. Of course, I believe we can make The enormously successful deficit re- spending reductions and tax increases, major spending cuts without harming duction campaign of the 1990s insisted combined with stronger economic our national security. I agree with Sec- on a balanced approach: spending cuts growth and an end to the wars in Iraq retary Gates, who has urged us to ter- and revenue increases. Revenue in- and Afghanistan, will bring Federal minate the additional C–17 cargo creases were concentrated on the most deficits under control. This will restore planes and a new amphibious fighting affluent Americans, those who could the fiscal discipline that was squan- vehicle. I would also save $12 billion by most easily afford it, and who benefited dered in the years after President Clin- terminating the V–22 Osprey, which the most from the strong economy and ton left office. even Dick Cheney labeled a turkey and the stock market that followed. This Best of all, this restored fiscal foundation will allow us to continue mak- tried to cancel it. must be our template as we raise nec- I would also save $80 billion over the essary revenues to reduce future defi- ing critical investments in transpor- next decade by reducing the number of cits. tation and infrastructure, education Active-Duty military personnel sta- By all means, we must allow the and energy, investments that will put tioned in Europe and Japan. Bush era tax breaks for the wealthiest Americans back to work, strengthen Most importantly, it is time to save 10 percent of Americans to expire im- our global competitiveness, and pre- hundreds of billions of dollars by speed- mediately. To put it bluntly, they do pare our workforce for the future. Make no mistake, we have no time to ing up the return of our troops from not need it, and we cannot afford it. waste. While the United States has Iraq and Afghanistan. It costs an esti- The fact is, high-income Americans did been distracted and weakened by fool- mated $1 million a year to deploy and extremely well in the 1990s under the ish wars and speculative bubbles, our support each soldier deployed in those higher rates of the Clinton years, and competitors have been charging ahead. wars. That is an extravagance we can they will continue to do very well in We have lost major ground to China do without. the future, while contributing their and to other rapidly growing econo- We can also make cuts close to home. fair share to bringing deficits under mies, including Brazil, South Korea. I represent a farm State, and I have a control. We are playing catchup and the stakes strong record of supporting a true farm I also strongly agree with President are enormous. income safety net. However, in this Obama’s proposal to limit itemized de- Across America, roads are crumbling, time of strong commodity prices, ductions for the wealthiest 2 percent of bridges are collapsing. Our formerly record levels of net farm income, the Americans, a reform that would reduce world-class interstate highway system USDA—the Department of Agri- the deficit by $320 billion over 10 years. is increasingly overwhelmed. Mass culture—is still paying out nearly $5 We need to end the outrageous gim- transit systems, including Washing- billion a year in direct payments to micks in our Tax Code. Just one exam- ton’s once proud Metro system, have farmers, having no relationship to farm ple. The ‘‘carried interest’’ loophole al- fallen into disrepair. We have a back- income or commodity prices or to what lows many hedge fund managers to pay log of nearly $300 billion in school con- they are even planting. No question, we taxes at just a 15-percent rate on part struction and modernization. can save some money here while still of their bonuses, a far lower rate than In infrastructure, we currently invest making sure farmers have a good solid middle-class Americans pay. less than one-third of what Western income safety net protection system. As I said earlier, in one recent year, Europe does as a percentage of GDP. We also must find additional deficit the top 25 hedge fund mangers took China has tripled its investment in reduction in the area of health care. home an average income of $892 million education, and is building hundreds of Once again, the tea party Republican a year each. Let’s tax this income the new colleges and universities at a time budget flunks the test. It does not re- same way we tax the income of teach- when we are slashing school budgets duce spending on health care, it just ers and truckdrivers. and laying off teachers. shifts costs. It shifts the costs to sen- In addition, I strongly favor a modest The tea party Republican budget iors and others by making them pay speculation tax on certain types of fi- makes this investment gap far worse. most of the bills themselves. nancial transactions, a .25-percent It proposes to cut funding for transpor- By contrast, the new health reform tax—that is one-quarter of 1 percent tation by 25 percent, and for education law actually cuts health care costs. tax—on each stock transaction, and a by 25 percent, and in future years Again, according to CBO, it reduces the similar tax on options, futures, and would cut those investments even more deficit by hundreds of billions in the swap transactions. deeply. Congressman RYAN has the au- first decade and by more than $1 tril- In order to minimize the impact on dacity to tell us this is ‘‘a path to pros- lion—the health reform bill cuts the ordinary American investors, this perity.’’ Common sense tells us it is a deficit by more than $1 trillion in the would exclude transactions in tax-ben- bridge to nowhere. second decade, while preserving and efited pension accounts such as 401(k)s These statistics are not abstractions. strengthening Medicare, not dumping and IRAs and defined benefit plans. Investments in education, infrastruc- it on the backs of seniors. It does so by Some might say, well, this sounds ture, and innovation directly translate rewarding health care providers for the kind of a pie in the sky. Well, Great into more and better jobs, higher in- quality of care, not the quantity. It Britain currently levies a tax on stock comes, stronger economic growth. That does so by placing a sharp new empha- transactions that is twice as high as is why we need to get America moving sis on wellness and prevention, keeping what I am proposing—twice as high as again. people out of the hospital in the first what I am proposing. There is no ques- For starters, we need a massive new place. It does so by creating an inde- tion that Wall Street can easily bear commitment to infrastructure expan- pendent commission of doctors, nurses, this modest tax. sion and modernization, truly a Mar- medical experts, and consumers, to ex- John Bogle, the legendary founder of shall plan for America. The first step is amine patient data and recommend the the Vanguard Mutual Fund Group, has to adopt a solid 6-year surface trans- best ways to reduce wasteful spending long advocated such a speculation tax, portation reauthorization bill that will

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6585 allow us to modernize our transpor- We expect it to be an instrument of na- been arrested and charged with a tation system. tional greatness and purpose, allowing crime, whether they have been injured We also need robust new investments us to come together to achieve the big in an accident and seeking compensa- in clean, renewable, domestically pro- things we cannot achieve as individ- tion for some wrongdoing and to deter duced energy. This will lower our en- uals, things such as building an inter- future acts, similar actions in the fu- ergy costs in the long term, and will state highway system, mapping the ture, whether it is a commercial dis- reduce our dependence on some of the human genome, one day discovering a pute over a contract or some other re- most unstable countries in the world. cure for cancer. lationship. I believe it is the rule of law Early in the 20th century, we pro- Through our government, we come and our adherence to ethical standards vided the emerging oil energy with sub- together to provide a ladder of oppor- and the fact that the legal profession sidies to accelerate its growth. Today, tunity to give every citizen a shot at serves the interests of clients who need we must provide similar policies to ac- the American dream, a ladder of oppor- help, many of whom don’t have a voice celerate America’s transition to a tunity that includes quality public themselves, or certainly the capability clean energy economy, including long- schools and universities, Pell grants, of representing themselves, who need term tax credits for a renewable energy the GI bill, job training. Through our somebody who can help them. generation, and for infrastructure in- government, we come together to en- But I have to tell my colleagues that vestments for biofuels, as well as smart sure that our citizens have a secure re- it is because of my respect and admira- grid technologies to enable broader retirement with guaranteed access to tion for the legal profession that it newable energy use. The goal should be health care, and to ensure that the less makes me angry when I see people 25 percent of our energy from renew- fortunate among us are not abandoned making a mockery out of the able resources by 2025. to the shadows of life. foundational principles I just men- In the field of education, we need I am convinced that the great major- tioned: the rule of law, ethics, and the major new investments. This begins ity of Americans share this positive fiduciary duty owed to a client. with Federal support for universal pre- can-do vision. We refuse to be dragged After I practiced law for a while, I school education to ensure that every backward into a winner-take-all soci- had the great honor of being elected to child is ready to learn and succeed in ety where the privileged and the power- and serving as a district judge in my school. It means an ambitious reau- ful seize even a greater share of the home city of San Antonio. So not only thorization of the elementary and sec- wealth, as the middle class struggles did I represent clients as an advocate ondary education bill that close the and declines. in court, I had the responsibility of gap between world-class schools in af- Americans are a tough and resilient presiding over trials and making sure fluent suburbs, and struggling schools and optimistic people. We can and will people were treated impartially, the in poor urban and rural communities. work together to meet the great chal- same, and according to the rule of law; It means providing resources to ensure lenges of our day. We can and will, in- that it was not a matter of who they that the goal of graduating students deed we must, restore the middle class were or how much money they had but who are college and career ready ap- as the backbone of a stronger, richer that everybody could have access to plies equally to students with disabil- and fairer America. our system of justice. ities. I yield the floor. Later I was honored to be elected to In closing, in my remarks today I The PRESIDING OFFICER (Mr. serve on the Texas Supreme Court for 7 have offered not just an alternative ap- MANCHIN.) The Senator from Texas. years where I was an appellate judge proach to bringing deficits under con- Mr. CORNYN. Earlier today we had a and I wrote legal opinions, basically trol but an alternative vision of the cloture vote on the nomination of Jack grading the papers of some of those role of the Federal Government. Going McConnell to be a United States Dis- trial judges and making sure that in- back to the 1930s, the American people trict Judge for Rhode Island, and 63 deed we had equal justice under the have supported and strengthened an Senators voted to cut off debate and to law. Then I served as attorney general unwritten social contract. That social move then to a final vote on confirma- for 4 years before I came here, during contract says we will prepare our tion which will occur, I am told, which time I became acquainted with a young and care for our elderly. That around 5:30, shortly. certain class of entrepreneurial law- social contract says if you work hard But first I wanted to come to the yers whom I think threatened the very and play by the rules, you will be able floor and expand a little bit on some of rule of law I have been talking about. to rise to the middle class or even be- my earlier comments with regard to I previously talked about my objec- yond. That social contract says a car- this nomination and why I am so tions to Jack McConnell’s nomination dinal role of government is to provide a strongly opposed to it just to make a and confirmation to serve as a Federal ladder of opportunity, so every Amer- few other comments. judge because I believe he inten- ican can realistically aspire to the Thirty-three years ago I became a tionally misrepresented certain facts American dream. lawyer, a member of the legal profes- before the Senate Judiciary Com- In one fell swoop, this tea party Re- sion. While I have heard as many law- mittee. Mr. McConnell and his firm publican budget rips up that social con- yer jokes as a person can stand in a have been sued in Ohio for stealing and tract. It replaces it with a winner-take- lifetime, I am actually proud of the maintaining custody of certain stolen all philosophy, again, that tells strug- legal profession. What attracted me to documents in a lead paint lawsuit gling, aspiring people and communities it was study of the law, the rule of law, which I will speak about in a moment. across America: I have got mine. You and the majesty of law being made by As a matter of fact, earlier today I in- are on your own. elected representatives of the Amer- troduced an article which dem- As I said at the outset, the Repub- ican people speaking for the American onstrates that legal dispute still is rag- lican budget is premised on the idea people themselves; a profession that ing and is not yet resolved. Yet the that America is poor and broke, that observes a rule of ethics, that is not Senate is moving ahead and will likely our best days are behind us, that we just who can get the most the fastest confirm someone to a life-tenured job have no choice but to slash investment but one that actually requires lawyers as a Federal judge who may ultimately required in order to keep our middle to practice according to a standard of be found responsible. I don’t know, he class strong. I totally disagree. ethics. could be vindicated. But why are we America remains a tremendously Third, the obligation and the respon- taking the risk that this individual wealthy and resourceful nation. We are sibility that comes with representing a who will be given a lifetime job as a an optimistic, forward-looking people. client; in other words, it is not the law- Federal judge might ultimately be We are a purposeful and can-do people, yer who is speaking on his or her own found culpable in something that is and we expect our government to be on behalf but a lawyer who is speaking on certainly disqualifying if he is respon- our side, the side of the middle class. behalf of a client, whether they have sible for it?

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6586 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 But I wish to speak just a little bit campaign against this company or sec- not—the chances of proving them re- more about—well, I wish to tell a tor to erode the stock value of this sponsible are very thin, the risk of los- story. I think it helps make the point company in order to compel them or ing and losing the company are so huge I wish to convey. force them into a settlement posture. that they decide to go to the settle- Once upon a time there was an enter- Well, part of this scheme is that even ment table. prising lawyer and some of his law though the chances of winning in court Well, here is the deal. The plaintiff’s partners who were trying to figure a are very slim, even a small risk of los- lawyers say—under this scheme, and in new way to make a lot of money. One ing everything—wiping out share- some ways it turns out to be a lifeline of them said: holders, retirees, pension funds, and to the defendants—first, the good news: ‘‘Well, I have a plan to do that. First, employees—even that small risk is The defendants will survive. They we have to pick a product or sector of enough to cause the defendant to con- won’t be at risk of losing the com- the economy that is unpopular, even sider coming to the settlement table. pany—the employees, the stock price, though it is legal. For example, to- True, even if you have a chance—liabil- the pensioners, the retirees who depend bacco.’’ ity is very thin and you think you on the existence of the company. ‘‘Exactly,’’ one of the lawyers said. aren’t responsible—you still have to Secondly, the business will continue ‘‘We pick a product like tobacco, and navigate the maze of litigation through to operate and—here is the best part— we sue the manufacturer and make a the trial and the appellate and the Su- the judgment that will be entered will lot of money.’’ preme Court. You know you might just ultimately, from the standpoint of the ‘‘The problem is we have already win if you can outlast their adver- company, bar any future lawsuits. The tried to do that in individual lawsuits saries. But in the meantime, as I indi- defendants agree rather than paying a that are designed to compensate vic- cated earlier, the stock price takes a lump sum settlement out of their cur- tims and deter wrongdoing, but we lost beating, management is consumed with rent assets to pay hundreds of billions all of those lawsuits.’’ defending the lawsuit rather than run- of dollars to these lawyers and the ‘‘Well,’’ the enterprising young law- ning the business, and millions of dol- State out of future profits. yer who suggested this plan said, ‘‘we lars are being spent on their own law- How do you make sure you don’t did, but now we have a new legal the- yers in order to defend this case. have to dip into your current assets? ory. We have a new approach. And it is Well, in this story the law partners of Well, basically, the defendants agree a legal theory that has never actually this enterprising young lawyer say: under this arrangement to raise the been embraced or accepted by the That sounds like a great plan. We could price of their product for consumers. courts.’’ earn a lot of money. So, ultimately, the consumers pay, and One of the other lawyers said, ‘‘Well, The lawyer proposing this says: Well, the defendants will pay the attorney’s how does that work? What is the the- we can earn more than you can pos- fees out of this same income stream. ory?’’ sibly imagine because our compensa- Now, these lawyers in this story be- To which the other responded, ‘‘Well, tion may well exceed $100,000 an hour. lieve this is really a stroke of genius. the theory really doesn’t matter be- Well, how do you do that? No one can While no person who has allegedly been cause this case will never be tried, but charge $100,000 an hour as a legal fee. injured by this product will receive a it will be settled for billions of dol- Well, this is the best part from their penny—and, indeed, as a result, the de- lars.’’ perspective. They would not actually fendant will not be deterred from en- That takes us to the second part of negotiate an hourly fee under the su- gaging in that sort of conduct, nor will, the plan. The truth is, the client or the pervision of a judge that reflects pre- as I say, any victim be compensated— person who would be represented is not vailing ethical standards. Instead, they the State recovers a windfall of dam- an individual victim who was harmed will negotiate a deal with this attorney ages without having to appear to raise as a result of some wrongdoing by the general for the State on a contingency taxes, although the increased price for manufacturer of the product, but in- fee basis in a no-bid, noncompetitive the product is passed along to con- stead of that it is the State—a State. contract. So then they would get a per- sumers. How do you get hired to represent a centage of any amount of money recov- As a result of this deal, the defend- State? Well, you have to get the attor- ered in this bet-the-company lawsuit. ant’s stock price rebounds, they can ney general—my former job. You have Since there are no costs up front for stay in business essentially as a part- to get the attorney general, who is the the taxpayer, the State attorney gen- ner with this law firm whose legal fees chief law enforcement officer of the eral would look like a hero, even if the will be paid out of future sales revenue, State, to basically hire you and then to lawsuit was unsuccessful. But if he suc- and the State official who agrees to delegate to you the sovereign law en- ceeds, these lawyers would get a sig- this ingenious scheme is elected to forcement power of the State—in this nificant percentage of an astronomical higher office in part on the strength of case to sue the makers of a product. sum of money. No funds would be ap- this David v. Goliath story. The only Part of this scheme is you sue not just propriated by the legislature to finance problem with this story is that it is no for damages to one individual or a the litigation, so the State official can fairy tale. group of individuals, you sue for essen- make the ethically fallacious and ethi- So who are these lawyers who tially everyone in the State, alleging cally dubious claim that no tax dollars dreamed up this ingenious scheme to billions of dollars in damages. will be used to pay legal fees. The offi- partner with a State official to be able The key reason this is so important cial enters into this no-bid contract for to be delegated the sovereign power of to this scheme, of course, is because legal services with lawyers whose fu- the State and collect fabulous wealth this is a break-the-company lawsuit. ture political support, including cam- in the form of attorney’s fees that no By that I mean it is an existential paign contributions, is assured. The of- judge will award and no jury will award threat to the existence of this com- ficial can expect to be lauded as a pop- because it is part of this settlement? pany, far bigger than any legal threat ular hero in the press by his willing- Jack McConnell, the nominee, and his they may have faced in the past, be- ness to take on an unpopular industry. law firm. cause the damages are enormous. Now, as part of this scheme and His Web site says: McConnell played Every potential juror who would sit in story, to leverage the chances for suc- a central role in the historic litigation judgment of the case being a con- cess, these lawyers then cherry-pick against the tobacco industry in which stituent, a resident of that State, the court where the lawsuit is filed, a $246 million in all was recovered, it would stand to benefit in some way or court well known for being friendly to says, on behalf of the State attorneys another by any judgment rendered these sorts of claims. Seeing the hand- general, serving as a negotiator and against this company. Then, of course, writing on the wall, ultimately as part primary drafter of the master settle- there is the power of the State itself to of this scheme, the plan would be that ment agreement. As a result, Mr. launch, perhaps, a negative publicity the defendants, even though they are McConnell told us in the Judiciary

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6587 Committee, he expects to collect be- viewed as a partisan issue, even though against America’s gun manufacturers. Jus- tween $2.5 million and $3.1 million a he has that provocative headline and tice couldn’t argue that the gun makers had year from now through 2024. What is he is talking about members of his own conspired to mislead the public about the more, Jack McConnell now finds him- party who have endorsed and initiated danger of their products, so it decided against using RICO in favor of offering self nominated to be a Federal judge in some of this type of litigation. ‘‘legal advice’’ to public housing authorities whose court future ingenious but ethi- We had an earlier vote, as I said, organized under the Department of Housing cally dubious schemes can be expected where 63 Senators voted to close off de- and Urban Development, who are suing the to have a warm reception. bate, and we will have a vote here in gun makers on behalf of their three million This is the type of thing Stuart Tay- short order. I know some Senators tenants. The basis of this case is strict liabil- lor—a well-respected legal commen- have indicated they voted to close off ity and negligence. The gun makers alleg- tator—called, he said: The rule of law debate because they felt that was the edly sold defective products, or products has now morphed into these sorts of appropriate vote to make, but they they knew or should have known would harm schemes into the rule of lawyers. He were going to vote against Mr. McCon- people. nell’s nomination. So we will see how Both of these legal grounds—the mobster- has talked about the sequel to this liti- like conspiracy of cigarette manufacturers gation I have described in this story many votes he gets. But we know if it to mislead the public, and the defective as- which was the lead paint lawsuit, is a party-line vote, there are 53 Demo- pects of guns or the negligence of their man- which we have talked about a little be- crats in this body and 46 Republicans. ufacturers—are stretches, to say the least. If fore, which was unanimously rejected If it is a party-line vote, Mr. McConnell any agreement to mislead any segment of by the Rhode Island Supreme Court— is going to be a Federal judge. But I the public is a ‘‘conspiracy’’ under RICO, frivolous litigation. think it is important to make the then America’s entire advertising industry is As a matter of fact, Mr. McConnell RECORD crystal clear as to the type of in deep trouble, not to mention health maintenance organizations, the legal profession, and his law firm were assessed fees of nominee Senators are voting on. I think it is my responsibility to my automobile dealers and the Pentagon. And if over $200,000. But Mr. Taylor said: It is every product that might result in death or litigation of this type which has per- constituents, it is my responsibility to serious injury is ‘‘defective,’’ you might as verted the legal system for personal or the Senate, to express the strong objec- well say goodbye to liquor and beer, fatty political gain at the expense of every- tions I have to this nominee. Surely— foods and sharp cooking utensils. one else. Strong words, hard words, but well, I know there are better people for These two novel legal theories give the ad- I think the Senate needs to know the the President to nominate in Rhode Is- ministration extraordinary discretion to de- type of nominee we are voting on, and land. Two of them serve in the Senate. cide who’s misleading the public and whose products are defective. You might approve the American people need to know There are other qualified people who could be nominated, and I believe this the outcomes in these two cases, but they es- what the record of this nominee is, so tablish precedents for other cases you might then they can hold the Senators who ethically challenged nominee—who, ac- find wildly unjust. vote for his confirmation accountable. cording to the words of Stuart Taylor, Worse, no judge will ever scrutinize these But this is not a partisan issue. It is is among a class of lawyers who have theories. The administration has no inten- not. This is not even about ideology. perverted the legal system for personal tion of seeing these lawsuits through to final This is about ethics. This is about up- and political gain at the expense of ev- verdicts. The goal of both efforts is to holding the rule of law. eryone else—is the wrong person for threaten the industries with such large pen- Mr. President, I ask unanimous con- this job. So I will be voting against the alties that they’ll agree to a deal—for the sent that after the close of my re- nomination. cigarette makers, to pay a large amount of money to the federal government, coupled marks, a Wall Street Journal article, I yield the floor. perhaps with a steep increase in the price of dated January 12, 2000, by Robert B. EXHIBIT 1 a pack of cigarettes; and for the gun makers, Reich, be printed in the RECORD. [From the Wall Street Journal, Jan. 12, 2000] to limit bulk purchases and put more safety The PRESIDING OFFICER. Without DON’T DEMOCRATS BELIEVE IN DEMOCRACY? devices on guns. In announcing the lawsuit objection, it is so ordered. (By Robert B. Reich) against the gun makers, HUD Secretary An- (See exhibit 1.) If I had my way there would be laws re- drew Cuomo assured the press that the whole Mr. CORNYN. Mr. Reich was Sec- stricting cigarettes and handguns. But Con- effort was just a bargaining ploy: ‘‘If all par- retary of Labor during the Clinton ad- gress won’t even pass halfway measures. Cig- ties act in good faith we’ll stay at the nego- ministration, and he wrote an article arette companies have admitted they tiating table.’’ in the Wall Street Journal that I think produce death sticks, yet Congress won’t lift But the biggest problem is that these law- a finger to stub them out. Teenage boys con- suits are end runs around the democratic is particularly appropriate to what I process. We used to be a nation of laws, but am talking about. The lead of the arti- tinue to shoot up high schools, yet Congress won’t pass stricter gun controls. The politi- this new strategy presents novel means of cle from this prominent Democrat, a cally potent cigarette and gun industries legislating—within settlement negotiations Cabinet Secretary under Bill Clinton, have got what they wanted: no action. Al- of large civil lawsuits initiated by the execu- is: ‘‘Don’t Democrats Believe in De- most makes you lose faith in democracy, tive branch. This is faux legislation, which mocracy?’’ That is the title. I will not doesn’t it? sacrifices democracy to the discretion of ad- read all of it, but I will read just a few Apparently that’s exactly what’s happened ministration officials operating in secrecy. sentences. to the Clinton administration. Fed up with It’s one thing for cities and states to go to trying to move legislation, the White House court (big tobacco has already agreed to pay In talking about this kind of govern- the states $246 billion to settle state Med- ment-sponsored litigation by outsourc- is launching lawsuits to succeed where legislation failed. The strategy may work, but at icaid suits, and 28 cities along with New ing the responsibilities of the sovereign the cost of making our frail democracy even York state and Connecticut are now suing government and the elected officials to weaker. the gun manufacturers; it’s quite another for contingency fee lawyers, whose only The Justice Department is going after the the feds to bring to bear the entire weight of motive is maximizing their personal tobacco companies with a law designed to the nation. New York state isn’t exactly a profit, he said: fight mobsters—the 1970 Racketeer Influ- pushover, but its attorney general, Eliot Spitzer, says the federal lawsuit will finally . . . the biggest problem is that these law- enced and Corrupt Organizations chapter of pressure gun makers to settle. New York’s suits are end runs around the democratic the Organized Crime Control Act. Justice al- lawsuit is a small dagger, he says. ‘‘The feds’ process. We used to be a nation of laws, but leges that the tobacco companies violated is a meat ax.’’ this new strategy presents novel means of RICO by conspiring to create an illegal en- The feds’ meat ax may be a good way to legislating—within settlement negotiations terprise. They did this by agreeing to a ‘‘con- get an industry to shape up, but its a bad of large civil lawsuits initiated by the execu- certed public-relations campaign’’ to deny way to get democracy to shape up. Yes, tive branch. This is faux legislation, which any link between smoking and disease, sup- American politics is rotting. Special-interest sacrifices democracy to the discretion of ad- press internal research and engage in 116 money is oozing over Capitol Hill. The mak- ministration officials operating in secrecy. ‘‘racketeering acts’’ of mail and wire fraud, which included advertisements and press re- ers of cigarettes and guns have enormous Well, I agree with Secretary Reich. I leases the companies knew to be false. clout in Washington, and they are bribing think this is a threat to our democ- A few weeks ago, the administration an- our elected representatives to turn their racy. Again, I do not think it should be nounced another large lawsuit, this one backs on these problems.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6588 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 But the way to fix everything isn’t to turn tivist viewpoint. This is not what I troversial mass tort litigations cases our backs on the democratic process and pur- want in a Federal judge. while representing State attorneys sue litigation, as the administration is Second, Mr. McConnell has a view of general on no-bid contingency fee con- doing. It’s to campaign for people who prom- the law that I believe is outside the tracts. According to an April 24, 2009, ise to take action against cigarettes and guns, and against the re-election of House mainstream of legal thought. Much of Wall Street Journal editorial: McConnell’s career has been devoted to and Senate members who won’t. And to fight Mr. McConnell and his firm helped pioneer like hell for campaign finance reform. In bringing some of the most controver- the practice of soliciting public officials to short, the answer is to make democracy sial mass tort litigation of recent bring lawsuits in which private lawyers are work better, not to give up on it. years. He has pursued the manufactur- paid a percentage of any judgment or settle- Mr. GRASSLEY. Mr. President, I rise ers of asbestos, tobacco, and lead paint, ment. The law firms front the costs of litiga- today to speak in opposition to one of whose actions he believes to be ‘‘un- tion and are compensated if the suit is suc- President Obama’s most controversial just.’’ In bringing many of these cases, cessful. But such contingency-fee arrange- nominees, Mr. Jack McConnell, who Mr. McConnell has often stretched ments inevitably raise questions of pay to legal argument beyond its breaking play. And private lawyers with state power has been nominated to be U.S. district and a financial stake in the outcome of a judge for the District of Rhode Island. point. An example is the ‘‘public nui- case can’t be counted on to act in the inter- He has dedicated his professional ca- sance’’ theory he pursued in the Rhode est of justice alone. reer, and enriched himself in the proc- Island lead paint case. Well-respected ess, by bringing dubious mass tort liti- attorneys have said Mr. McConnell’s There are numerous examples of gation. I believe he has demonstrated a theory ‘‘just [did not] mesh with cen- campaign contributions by Mr. McCon- result-oriented view of the law. He has turies of Anglo-American law’’ and a nell and/or his wife in States where he repeatedly demonstrated that he is former attorney general called the or his firm was conducting or soliciting highly partisan. And given his history lead-paint cases ‘‘a lawsuit in search of litigation. These include Rhode Island, of intemperate and highly partisan re- a legal theory.’’ Ohio, Washington, Vermont, and North marks, I do not believe he is capable of The Rhode Island Supreme Court Dakota. being an impartial jurist. unanimously ruled against him in In another instance, as part of a set- First, Mr. McConnell is an active par- State v. Lead Industries Associates, tlement in the Rhode Island lead paint tisan, a little more so than most nomi- Inc. In a well-reasoned opinion, the case, DuPont was to pay $2.5 million to nees recently before the Senate. Mr. court found that there was no set of the International Mesothelioma Pro- McConnell and his wife have donated at facts that he could have proven to es- gram at a Boston hospital, which is run least $700,000 to elect Democrats, over tablish that the defendants were liable by a former Motley Rice expert asbes- $160,000 in 2008 alone. He has served as in public nuisance. tos witness, Dr. David J. Sugarbaker. treasurer of the Rhode Island Demo- Mr. McConnell’s reaction to that According to press reports, the pay- cratic State Committee. He is a mem- opinion illustrates my third major con- ment was intended to satisfy a $3 mil- ber of Amnesty International USA and cern—that he lacks appropriate judi- lion pledge previously made by Motley has served as a director at Planned cial temperament. Although the opin- Rice to Dr. Sugarbaker to secure a seat Parenthood of Rhode Island. Partisan ion was based firmly in the law, Mr. on the executive advisory board of the political activity is not disqualifying McConnell saw fit to publicly and program. on its own. My concern is that Mr. harshly criticize the court’s decision in My problem with this is the way the McConnell is so steeped in political ac- a Providence Journal editorial. But his facts have dribbled out and the spin tivity and ideology that it may be im- criticism made little reference to that Mr. McConnell has tried to put on possible for him to be an impartial ju- points of law. Rather, his major com- this payment. Although both Rhode Is- rist—even if he earnestly believes that plaint was simply that, in his view, land and DuPont claimed that the he can. ‘‘justice was not served.’’ His op-ed agreement was not a legal settlement, We can legitimately question wheth- lambasted the court for ‘‘let[ting] the agreement involved a commitment er his partisanship will influence his wrongdoers off the hook.’’ Not only by DuPont to contribute over $12 mil- judicial philosophy. He has made a were these statements intemperate, lion to charity and a commitment by number of sharp partisan political even for an advocate, but they reflect a the State of Rhode Island to dismiss statements, including one in which he results-oriented view of judging. Mr. the case against DuPont. DuPont re- indicated that only Democrats fight for McConnell did not focus on the court’s fused to pay any attorneys’ fees be- ‘‘economic and social justice and op- analysis or argue that it wrongly ap- cause they were disputing the permissi- portunity for all.’’ He has called for a plied the law. He argued that the bility of the State’s use of private more ‘‘active government’’ and redis- ‘‘wrongdoers’’ weren’t punished. In counsel on a no-bid contingency-fee tribution of wealth, and claimed that other words, the result didn’t fit with contract. Nonetheless, DuPont agreed ‘‘health care should be a right of citi- his notion of justice, so it was the to make a sizeable donation to charity zenship.’’ When Republican Gov. Lin- wrong result. to settle the case. coln Almond kept the Rhode Island Mr. McConnell was also deeply in- government open during a snowstorm volved in State lawsuits against to- In my view, the donation to the Bos- in 1996, Mr. McConnell commented to bacco companies. However, beyond liti- ton hospital is highly suspect. Settle- the press that the decision was ‘‘typ- gation, he has shown an open hostility ment money that was supposed to help ical of the cold-hearted Republican at- to tobacco companies. He told the press reduce lead poisoning in Rhode Island titude of disregarding workers’ needs.’’ in 1999 that he would ‘‘like Congress to in effect was diverted to offset a debt of He went on to argue against the Gov- put the Cigarette makers out of busi- Mr. McConnell’s law firm. The chair- ernor’s appeal to the cost efficiency of ness.’’ He has even gone so far as to man of the Rhode Island Republican keeping agencies open by saying that compare people who opposed smoking Party described the problem as follows: ‘‘[we] could bring child labor back, bans in restaurants to the supporters of ‘‘McConnell’s law firm had a $3 million which would be cheaper, too.’’ racial segregation, saying ‘‘some peo- obligation to a Boston hospital, and so Mr. McConnell has often portrayed ple might like having all-White res- as part of the settlement, $2.5 million his mass tort cases as movements taurants so they don’t have to sit with of that obligation was paid by Du- against societal injustices. He has said Blacks, but we don’t allow it.’’ Pont.’’ that these cases represent ‘‘wrongs A fourth concern relates to the man- Mr. McConnell does not dispute this that need to be righted and that is how ner in which Mr. McConnell conducts characterization of the $2.5 million I see the law.’’ He has said that he is his business. I am not suggesting ille- payment. Despite claims by Attorney ‘‘an emotional person about injustice gal or unethical behavior, but it is a General Lynch that the payment would at any level—personal, societal, glob- bit unseemly. He and his firm, Motley not satisfy Motley Rice’s obligation to al.’’ These statements indicate an ac- Rice, have often brought these con- the hospital, he said ‘‘I don’t see why it

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6589 shouldn’t, and I don’t see anything ne- dicates Mr. McConnell was, in fact, Mr. LEAHY. Mr. President, earlier farious or wrong with that.’’ The con- aware of the demonstrations. This today, the Senate took a step toward troversy regarding the settlement in- email was produced in the lead paint restoring a longstanding tradition of tensified when attorneys from another litigation as part of Sherwin deference to home state Senators with firm who had worked on the case on a Williams’s motion for a new trial. In regard to Federal District Court nomi- contingency fee basis disputed the pay- other words, Mr. McConnell and his nations. The Senate turned away from ment, claiming it was a ‘‘legal fee’’ firm had this in their possession when what Senator REED rightly called a that they were not being allowed to he was asked about it by the com- precipice. Eleven Republican Senators share in. mittee. joined in voting to end a filibuster of Fifth, I am concerned that Mr. Inconsistent answers were provided the nomination of Jack McConnell to McConnell has approached this con- with regard to Mr. McConnell’s rela- the District Court for the District of firmation process with either a lack of tionship with the ACLU as well. In re- Rhode Island. A supermajority of the diligence or a lack of candor. I am par- sponse to the question ‘‘Did you, in Senate came together to reject a new ticularly troubled by the way Mr. fact, represent the ACLU in the mat- standard, which I believe is being un- McConnell handled himself before the ter?’’ Mr. McConnell said ‘‘I entered an fairly applied to President Obama’s committee. I believe Mr. McConnell, at appearance as counsel.’’ Yet in re- district court nominees. Now, more best, misled the committee when he sponse to another question regarding than a year after his nomination, near- testified about his familiarity with a any matters in which he provided legal ly a year after his confirmation hear- set of stolen legal documents that his services to the ACLU or any affiliate ing, and after having had his nomina- law firm obtained during the lead paint thereof, he replied, ‘‘I have never pro- tion reported positively by a bipartisan litigation. When asked about these doc- vided legal services to the ACLU or any majority of the Judiciary Committee uments during his committee hearing, affiliate thereof.’’ I find this answer three times, the nomination of Jack he testified that he saw the documents confusing at best. McConnell will finally have an up-or- ‘‘briefly,’’ but that he was not familiar These types of responses indicate, at down vote in the Senate. with them ‘‘in any fashion.’’ a minimum, a careless approach in his The Senate should have debate on ju- But several months after his hearing, response to the legitimate inquiries of dicial nominations, and Senators Mr. McConnell was deposed, under this committee. They could also be should be free to vote for or against oath, about those same documents. In viewed as indicating a lack of candor. any nomination. A few hours ago the his sworn deposition, Mr. McConnell Either way, they do not reflect the Senate voted to invoke cloture and testified that he was the first lawyer to standard we should expect from an in- now we are proceeding to hold a final receive the documents. He drafted a dividual who seeks confirmation to the confirmation vote on this nomination. newspaper editorial citing information Federal judiciary. There was no need for cloture to be that came directly from those docu- These concerns lead me to believe filed on this nomination. There were no ments. He testified that he reviewed this nominee is not qualified to serve ‘‘extraordinary circumstances’’ that and signed a legal brief that incor- as a U.S. district judge. Finally, I note held up this nomination for over a porated the stolen documents. And, Mr. McConnell received a low rating year. Why was the Senate not able to even though he told the committee from the ABA—a rating of substantial reach a time agreement to debate and that he was not familiar with the docu- majority qualified, minority not quali- vote on this nomination last year? It ments ‘‘in any fashion,’’ during his dep- fied. was the obstruction that prevented us osition he testified that he did not see My concerns are shared by the U.S. from doing so. It was wrong for the any indication on the documents that Chamber of Commerce, and I take their Senate to knuckle under to business they were confidential or secret. How views very seriously because the Cham- lobbies and it was right for the Senate could he know the documents were not ber only rarely takes positions on judi- to reject that opposition. confidential or secret, if, as he testified cial nominations. In a letter to this In fact, in the days leading up to the before the committee, he was not fa- committee, the Chamber wrote: filibuster vote and in the hours since, miliar with them ‘‘in any fashion’’? Mr. McConnell’s actions during his career no great number of Senators has spo- Given these facts, it is hard to square as a personal injury lawyer and past state- ken in opposition to this nomination. Mr. McConnell’s testimony before the ments demonstrate his disregard for the rule Only a handful of Senators from the committee with his sworn deposition of law, an activist judicial philosophy and minority leadership spoke at all. Only testimony a couple months later. obvious bias against businesses. one such Senator has spoken in opposi- The litigation over these documents For the reasons I have articulated— tion since cloture was invoked. remains ongoing. We do not know how one, his active partisanship which I be- With judicial vacancies at crisis lev- it will conclude. We do not know lieve he will carry with him into the els, affecting the ability of courts to whether Mr. McConnell and his law judiciary; two, his legal theories being provide justice to Americans around firm will be held liable for the theft of outside the mainstream; three, his lack the country, we should be debating and these documents. But what is the Sen- of judicial temperament; four, his ques- voting on each of the 13 judicial nomi- ate going to do if we confirm this indi- tionable business practices; and five, nations reported favorably by the Judi- vidual, and at some later date he or his his lack of candor with the com- ciary Committee and pending on the law firm is found liable for theft? At mittee—and other concerns which I Senate’s Executive Calendar. No one that point, it will be too late. Members have not expressed today, I shall op- should be playing partisan games and will not be able to reconsider their pose this nomination. obstructing while vacancies remain votes. The Wall Street Journal re- I will conclude by saying this. I have above 90 in the Federal courts around cently opined that Mr. McConnell’s supported the overwhelming majority the country. With one out of every nine ‘‘changing story about his lead paint of President Obama’s judicial nomi- Federal judgeships still vacant, and ju- advocacy is enough by itself to dis- nees. If it were up to me, I would not dicial vacancies around the country at qualify him from the bench.’’ I could have nominated many of those individ- 93, there is serious work to be done. not agree more. uals, but I supported them nonetheless. I will support the nomination of Jack In another instance, I asked in writ- Mr. McConnell is in an entirely dif- McConnell, just as I have each of the ten questions the degree of awareness ferent category. I believe he misled the three times it was before the Judiciary or notification that he or his law firm committee when he testified before us. Committee. Mr. McConnell is an out- had regarding rallies that were held For that reason alone, I do not think standing lawyer. He is supported by his outside or near the Superior Court in he should be rewarded with a lifetime home State Senators, Senator REED Providence during the lead-paint trials appointment to the Federal bench. and Senator WHITEHOUSE. Each has in September 2002. He replied ‘‘None.’’ Even if I did not have that concern, I spoken passionately and persuasively However, there is email traffic that in- could not support this nominee. in support of his nomination.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6590 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 As I noted earlier, Mr. McConnell’s community leadership [he] has shown Cantwell Klobuchar Reed nomination has been reported by a bi- that he has the legal intelligence, char- Cardin Kohl Reid Carper Landrieu Rockefeller partisan majority of the Judiciary acter, compassion, and independence to Casey Lautenberg Sanders Committee three times. His nomina- be a distinguished jurist.’’ This debate Conrad Leahy Schumer tion also has bipartisan support from should focus on Mr. McConnell’s quali- Coons Levin Shaheen Durbin Lieberman those in his home State. Leading Re- fications, experience, temperament, in- Stabenow Feinstein Manchin Tester Franken McCaskill publican figures in Rhode Island have tegrity, and character. Any fair evalua- Udall (CO) Gillibrand Menendez endorsed his nomination. They include tion of his qualifications would reveal Udall (NM) Hagan Merkley Warner First Circuit Court of Appeals Judge a nominee worthy of confirmation. Harkin Mikulski Bruce Selya; Warwick Mayor Scott I congratulate Jack McConnell and Inouye Nelson (NE) Webb Avedisian; Rhode Island Chief Justice his family on his confirmation today. I Johnson (SD) Nelson (FL) Whitehouse Wyden Joseph Weisberger; former Rhode Is- commend Senator REED and Senator Kerry Pryor land Attorneys General Jeffrey Pine WHITEHOUSE for their steadfast support NAYS—44 and Arlene Violet; former Director of and all they have done to ensure that Alexander Enzi McConnell the Rhode Island Department of Busi- the Senate vote on this nomination. Ayotte Graham Moran ness Barry Hittner; former Rhode Is- The PRESIDING OFFICER. The Sen- Barrasso Grassley Murkowski Blunt Hatch land Republican Party Vice-Chair John Paul ator from Rhode Island. Boozman Hoeven Portman M. Harpootian; and Third Circuit Court Mr. REED. Mr. President, I ask unan- Brown (MA) Hutchison Risch of Appeals Judge Michael Fisher. imous consent that the remaining time Burr Inhofe Rubio The strident opposition to this nomi- Chambliss Isakson Sessions postcloture be yielded back and the Coats Johanns Shelby nation has been fueled by the corporate Senate proceed to vote on the con- Cochran Johnson (WI) Snowe lobby, who oppose Jack McConnell be- Collins Kirk firmation of the nomination of John J. Thune cause he is a good lawyer. They oppose Corker Kyl McConnell, Jr., to be a U.S. District Cornyn Lee Toomey him because he successfully rep- Judge for the District of Rhode Island; Crapo Lugar Vitter resented plaintiffs, including the State that the motion to reconsider be con- DeMint McCain Wicker of Rhode Island, in lawsuits against sidered made and laid upon the table NOT VOTING—5 lead paint manufacturers. Some in the with no intervening action or debate; Akaka Coburn Roberts Senate may support the lead paint in- that no further motions be in order to Boxer Murray dustry. Some in the Senate may oppose the nomination; that the President be The nomination was confirmed. those who wish to hold lead paint com- immediately notified of the Senate’s The PRESIDING OFFICER. Under panies accountable for poisoning chil- action; the Senate then resume legisla- the previous order, the motion to re- dren. That is their right. But as I said tive session and proceed to a period of consider is considered made and laid earlier in opposing the filibuster of this morning business for debate only until upon the table, the President will be nomination, nobody should oppose Mr. 7:30 p.m., with Senators permitted to immediately notified of the Senate’s McConnell for doing what lawyers do— speak for up to 10 minutes each. vigorously represent clients. action, and the Senate will resume leg- The PRESIDING OFFICER. Is there islative session. I also hope no Senator opposes this objection? nomination based on what I believe to Without objection, it is so ordered. f be a distortion of Mr. McConnell’s tes- The question is, Will the Senate ad- LEGISLATIVE SESSION timony before the committee. As vise and consent to the nomination of The PRESIDING OFFICER. Under chairman of the Judiciary Committee, John J. McConnell, Jr., of Rhode Is- I take seriously the obligation of nomi- the previous order, the Senate will now land, to be United States District return to legislative session. nees appearing before the Committee Judge for the District of Rhode Island? to be truthful. I would be the first Sen- Mr. WHITEHOUSE. Mr. President, I f ator to raise an issue if there were any ask for the yeas and nays. MORNING BUSINESS legitimate question as to the accuracy The PRESIDING OFFICER. Is there a of Mr. McConnell’s testimony. But The PRESIDING OFFICER. Under sufficient second? there is not. the previous order, the Senate is now Far from establishing that Mr. There is a sufficient second. in a period for the transaction of morn- McConnell was untruthful with the The clerk will call the roll. ing business for debate only until 7:30 committee, the deposition transcript The assistant legislative clerk called p.m., with Senators permitted to speak cited by some who oppose his nomina- the roll. for up to 10 minutes each. tion in fact validates Mr. McConnell’s Mr. DURBIN. I announce that the The Senator from Iowa. testimony to the committee. There has Senator from Hawaii (Mr. AKAKA), the Mr. GRASSLEY. Mr. President, I ask been no inconsistency in Mr. McCon- Senator from California (Mrs. BOXER), unanimous consent to speak for a nell’s testimony, either to the com- and the Senator from Washington (Mrs. much longer period of time, for 45 min- mittee or in sworn testimony in a dep- MURRAY) are necessarily absent. utes. I may not use all that time, but osition. Jack McConnell is not a party I further announce that, if present I would like to have permission to to the lawsuit. He has been accused of and voting, the Senator from Hawaii speak for that time. no wrongdoing. There is no basis to be- (Mr. AKAKA) and the Senator from The PRESIDING OFFICER. Without lieve that Mr. McConnell did not an- Washington (Mrs. MURRAY) would each objection, it is so ordered. vote ‘‘yea.’’ swer questions from members of the f committee truthfully. Some Senators Mr. KYL. The following Senators are may feel strongly that Mr. McConnell necessarily absent: the Senator from ETHANOL and his firm were wrong to sue lead Oklahoma (Mr. COBURN) and the Sen- Mr. GRASSLEY. Mr. President, it is paint companies, but there is simply no ator from Kansas (Mr. ROBERTS). not going to surprise any of my col- basis for believing that Mr. McConnell The PRESIDING OFFICER (Mr. BEN- leagues or the public at large that a lot was untruthful with the committee. I NET). Are there any other Senators in of times I come to the Senate floor to hope other Senators will reject those the Chamber desiring to vote? speak about agriculture and to speak conclusions. The result was announced—yeas 50, about ethanol. What brings me to the With more than 25 years of experi- nays 44, as follows: floor today is the ongoing crusade by ence as an outstanding litigator in pri- [Rollcall Vote No. 66 Ex.] the Wall Street Journal, in an intellec- vate practice, Mr. McConnell has been YEAS—50 tually dishonest way, to put out a lot endorsed by The Providence Journal, Baucus Bennet Blumenthal of facts about ethanol that are not which wrote: ‘‘In his legal work and Begich Bingaman Brown (OH) true.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6591 The latest barrage comes from an the April 30 edition of the Wall Street hope Mr. Pope will put that in his pipe interview published last Saturday in Journal, so if people want to read it and smoke it, because he is wrong on the Wall Street Journal with C. Larry and check it against what I have to that point. Ethanol is not diverting Pope, CEO of Smithfield Foods. In this say, I am happy to provide that infor- corn away from feed use. article, there are a lot of mation. The article was based on an Next, Mr. Pope claims: misstatements about ethanol and interview with C. Larry Pope, CEO of Ethanol policy has impacted the world about ethanol causing the price of food Smithfield Foods, the largest pork pro- price of corn. to rise dramatically. I take the floor ducer and the largest pork processor. I am glad Mr. Pope raised that issue. now to rebut some of those The opinion piece was intended to He clearly has no idea how little an im- misstatements and also to set the share Mr. Pope’s view on rising food pact ethanol has on the global grain record straight so that when a very prices and also on the price of pork. market. In fact, U.S. ethanol use rep- fine CEO such as Mr. Pope, even Mr. Pope puts much of the blame on resents a mere 3 percent of the world’s though I disagree with him on this ar- the Federal ethanol program. But I supply of coarse grain. In addition, the ticle—he is a decent person, and he is a wish to address a number of the claims global grain supply in 2010 to 2011 is 11 good corporate executive—the next made by Mr. Pope, and claims made in percent larger than the 2000 to 2001 sup- time, he will not speak. But I can also the opinion piece presumably based on ply. say I do not like to have confronta- statements by Mr. Pope. U.S. farmers happen to be the most tions with Smithfield Foods because Mr. Pope claims, and I quote: productive in the world. Since 1975, they do provide a lot of good-paying Now, 40 percent of the corn crop is directed American farmers have doubled U.S. jobs in the Middle West, and they do a to ethanol, which equals the amount that is corn production from under 6 billion good job of adding value to agriculture. going into livestock food. bushels to over 12 billion bushels last There has been a tradition at Smith- Right there, statistically, he is year, and they have done it using es- field to kind of not appreciate Amer- wrong. Let me point out how he is sentially the same number of acres. ican agriculture. It goes back to some wrong. In 2010, 4.65 billion bushels of Corn farmers today grow five times as conversations I had with the previous corn were used to produce 13 billion much corn as they did in 1930 on 20 per- CEO by the name of Joe Luter. I re- gallons of ethanol. But ethanol produc- cent less land. member Joe Luter coming to my office tion uses only the starch from a corn So for all those people out there who to try to explain to me some things he kernel. So I want to hold up a bag of think there isn’t enough productivity thought I had misinterpreted of what corn kernels. It would be better if I in the American farmer or in our land he was really talking about regarding brought in an ear of corn, but this is or in the efficiency of producing, I hope the family farmer and about the pro- the best way to transport it. These are you understand that we are producing duction of hogs and whether he was corn kernels. five times more corn than we did in wanting to put the family farmer out When ethanol uses only the starch 1930 but doing it on 20 percent less of business. from the corn kernel, the result is that land. Let me explain it another way. In I remember just as if it was said to more than one-third, or 1.4 billion 1910, you know what powered agri- me yesterday a statement he made bushels of corn—and it is called dried culture? Horses and mules. And in that when I said: You are running the fam- distiller’s grain, and this is what dried day, it took 90 million acres of land to ily farmer, the family producer, the distiller’s grain is—was available as a grow the food to keep the animals that independent producer out of the hog high-value livestock feed. In fact, what powered agriculture alive and produc- business, and you want to control ev- is left over after you produce ethanol is tive. That 90 million acres is equal al- erything. He said to me something of much more value than if you would most to the 92 million acres that will along the lines: I do not want to put take the original corn kernels and use be planted to corn in the United States your farmers out of business; I just that by itself for animal feed. this year. want them feeding my pigs. He was ba- Let’s go back to that quote. Farmers are continuing to meet the sically saying he wanted the family Now, 40 percent of the corn crop is directed growing demand of ethanol, livestock farmer to be an employee of Smithfield to ethanol, which equals the amount that is feed, and exports. So I hope that Mr. and not be an independent producer. going into livestock food. Pope will put that in his pipe and Another point he tried to argue with Well, on a net basis now, ethanol pro- smoke it, because he needs to under- me—and I am referring to Mr. Pope’s duction used only 23 percent of the U.S. stand how productive the American predecessor, Mr. Luter—he also argued corn crop—far less than the 40 percent grain farmer is. that Iowa farmers in a sense were not that ethanol detractors claim. So once The author of the opinion piece then smart enough to run a packing plant. again, you have a bushel of corn—56 makes a claim that has absolutely no In fact, he offered to give a plant to a pounds. Out of that 56 pounds of corn, basis in fact, so I guess I can’t at- group of farmers and guaranteed it you get 2.8 gallons of ethanol. When tribute this to Mr. Pope. The article would be out of business within 6 you get done making the ethanol, you states: months. have 18 pounds of dried distiller’s grain The EPA has found ethanol production has I do not know whether I have fault that is left over. Anybody who isn’t ig- a neutral to negative impact on the environ- with Mr. Pope as CEO of Smithfield norant about ethanol understands ment. and ethanol in this case as opposed to there is still an animal feed product I have always said that ethanol is Mr. Luter, his predecessor, and who is left over. So you can’t say you are good for the environment, but here we going to raise pigs, but there may be making ethanol out of corn and using have the EPA being quoted stating it an institutional bias within the cor- it all for ethanol and nothing for food, has a neutral to negative impact on the poration of Smithfield. because this is a very efficient process. environment. The fact is, under the re- Anyway, with that as background, I By the way, let me say this. You can newable fuels standard created in 2007, want to go to this article I pointed out tell about the ignorance over ethanol corn ethanol was required to reduce that was in the Wall Street Journal. in this town because a lot of people greenhouse gas emissions compared to The article says: ‘‘It is Getting Hard to pronounce it E-E-E-T-H-A-N-O-L. It is gasoline by at least 20 percent. Corn Bring Home the Bacon.’’ Basically, ethanol. But people who are ignorant ethanol has exceeded that threshold. In what the paper is saying in that head- about it don’t even know how to pro- other words, the law says such and line is that because so much corn is nounce it. I don’t know whether Mr. such, and ethanol exceeds what the law used for ethanol, we are raising the Pope pronounced it right or not. even requires. price of corn and that is driving up the According to the USDA, feed use con- A reduction of more than 20 percent price of food. sumes 37 percent of the U.S. corn sup- compared to gasoline is not neutral. So Well, I am on the floor to say that is ply, much more than the 23 percent the EPA has found ethanol production a bunch of hogwash. This article was in consumed by ethanol production. So I has neutral to negative impact on the

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6592 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 environment. Not so. If you remove the farmer gets a little over a nickel, I can see he wants the farmers to EPA’s use of murky science sur- or at most, if corn is higher priced, 8.6 subsidize Smithfield if he wants to con- rounding emissions from what is called cents. So the farmer gets 19 cents in a tinue getting corn for $2.40 a bushel, indirect land use—and that is kind of global way. Corn only accounts for 3 but a farmer cannot subsidize the big complicated, so I won’t go into that— cents out of $1 of food that you buy. corporations. Perhaps Mr. Pope would ethanol reduces greenhouse gas emis- The other 81 cents of that $1 goes to rather have us support government sions by 48 percent compared to gaso- labor, goes to energy, goes to transpor- subsidies so long as they would allow line. tation, goes to marketing, and goes to him to buy corn below the cost of pro- I have heard Senators in the last 2 packaging. duction. months on the floor of the Senate tell- The World Bank, in 2008, stated that I can tell you this: A lot of people say ing all of us that ethanol was bad for biofuels were a large contributor to ris- ethanol is the reason corn prices are the environment, but a recent peer-re- ing food prices. And you know what, 2 high. It might be part of the reason. viewed study published in the Yale years later, in 2010, they released a But let’s suppose you didn’t have any Journal of Industrial Ecology—all more thorough analysis that essen- ethanol and you had $2.40 a bushel for those Ivy League people in the Senate tially dismissed that idea. So I want to corn. You know darn well that a lot ought to have some allegiance to any- quote from the World Bank report. more would be coming out of the thing done by Yale University—says . . . the effect of biofuels on food prices has Treasury to make sure the safety net that ethanol reduces greenhouse gas not been as large as originally thought. . . . for the family farmer was working emissions by up to 59 percent compared the use of commodities by financial inves- than we give for an ethanol subsidy. tors may have been partly responsible for Regardless, at $7.40 a bushel, the corn to gasoline. the 2007–2008 spike. Mr. Pope also asserts that Pilgrim’s costs in a gallon of milk is about 46 So, for Mr. Pope, I hope he puts that Pride went bankrupt because of eth- cents; the cost of corn in a pound of in his pipe and smokes it because he is anol. Pilgrim’s Pride was a food proc- chicken is about 34 cents; 1 pound of wrong about the amount of corn and essor. He stated: beef takes about 92 cents worth of corn; the price of corn and the impact on and relative to Smithfield because they The largest chicken processor in the food prices, and the World Bank dis- are big in pork, 1 pound of pork re- United States, Pilgrim’s Pride, filed for misses that as well. We even have the bankruptcy. They couldn’t raise prices, so quires about 39 cents of corn. So if that their cost of production went up dramati- United Kingdom—I like to say Great $4.54-a-pound for bacon in the grocery cally. Britain instead of United Kingdom— aisle contains only 39 cents worth of Again, facts are stubborn things. On their Department for Environment, corn, perhaps Mr. Pope should explain December 1, 2008, analysts cited the Food and Rural Affairs concluded in to all of us—and, most important, to 2010 that ‘‘available evidence suggests primary cause of bankruptcy was their the people who buy it, the consumer— that biofuels had a relatively small large debt load, the result of the acqui- where the other $4.15 or 91 percent of contribution to the 2008 spike in agri- sition of a $1.3 billion rival they pur- the retail cost is going. cultural commodity prices.’’ In addition, after the steep rise in chased in 2007. Other factors included In 2009, the Congressional Budget Of- low chicken demand and prices result- commodities in 2008, prices of corn and fice evaluated the increasing demand other commodities retreated very sig- ing from the recession and poor com- for corn to produce ethanol on food modity hedging. But it had nothing to nificantly. I don’t recall seeing from prices. Maybe I better start with the people like Smithfield, that when corn do with the price of ethanol and corn 5.1-percent increase in food prices for prices being high. So I hope Mr. Pope was $7 3 years ago and it went down to the year 2009. Of that 5.1 percent, just $3.58—I didn’t see a very dramatic drop will put that in his pipe and smoke it. one-half of 1 percent, between that and Another statement by Mr. Pope in prices at the grocery store after the eight-tenths of 1 percent—I better say corn prices dropped, which leads me, as seems to place all the blame on corn it more accurately. We have a 5.1-per- farmers for rising food prices. He said: I have so often said on the floor of the cent increase in food prices. Only one- Senate, that these food processors need You eat eggs, you drink milk, you get a half percent, maybe up to .8 percent of to scapegoat something to increase the loaf of bread, and you get a pound of meat. that 5.1 percent was due to the demand All of those are based on grains. price of their product to the retailer for ethanol, and about 10 percent of and the consumer. Then when the price That last part of the statement is ac- just the increased price of food was be- goes down, they have increased their curate. But let me tell you what is cause of ethanol. price but the price doesn’t go down ac- wrong with the relationship between In 2007, Informa Economics concluded cordingly. rising food prices and the price of that ‘‘it is statistically unsupported to Mr. Pope claims rising corn prices grain. Let us look at the U.S. Depart- suggest that high and/or rising corn are hurting his business. He said, ‘‘Ris- ment of Agriculture. The farm value of prices are the causative reason behind ing prices are already squeezing food every food dollar is 19 cents. In other high and rising retail meat, egg and producers 2 to 3 percent earnings mar- words, if you spend $1 on food at the su- milk prices.’’ gins.’’ That is his quote. The statement permarket, only 19 cents of that goes Another point raised in this article is rather surprising given the con- into the pocket of the farmer. Of that by Mr. Pope needs to be addressed. He tradictory earnings report for Smith- 19 cents, the corn value of that farm- said, ‘‘Over the last several years, the field Foods that came out March 10, er’s income is 3 cents. cost of corn has gone from a base of 2011. Smithfield reported net income So let us look at some of these $2.40 a bushel to today at $7.40 a bush- for the quarter of $202 million, an in- prices. You buy a box of corn flakes— el.’’ While true, this all needs to be put crease of $165 million over the same 12.9 ounces. Only 5.6 cents goes to a in context. Over that same period of quarter in 2010. Mr. Pope stated at the farmer if the corn is $4 a bushel. If corn time, crude oil prices went from $50 a time of the earnings report: ‘‘We are is $6 a bushel, the farmer gets 8.6 cents barrel to nearly $150 a barrel. Today, it extremely pleased with the record per- out of a whole package of corn flakes. is over $110 a barrel. Gold prices went formance of our company in the third Soft drinks: $4 a bushel, the farmer from $500 an ounce to $1,500 an ounce quarter. Year to date, our earnings gets 6.6 cents. If it is $6 a bushel, he today. have surpassed that of our record gets 10 cents. Mr. Pope would rather pay $2.40 a year.’’ Beef: The farmer gets 18.2 cents at bushel for corn rather than $7.40. I un- The reality of Smithfield’s record the low end of corn prices, and 27.8 derstand that. But does he know what profits fails to validate the rhetoric. cents at the higher end. impact that would have on agriculture? According to the article—and here I am I could go on with pork and chicken If corn were only $2.40 a bushel, every quoting the article and not Mr. Pope: and turkey and eggs and milk. But the farmer today would be out of business Smithfield’s economists estimate corn point is, don’t blame the farmer when because the cost of production is prices would fall by a dollar a bushel if eth- you buy a box of corn flakes because around $4 a bushel. anol blending wasn’t subsidized.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6593 I guess if it is Smithfield’s econo- In the United States, we are going to she was a driving force of nature. mists, it must be coming directly from continue to produce more. There are Through her energy, spirit, and great the company, then. Smithfield may going to be 4 million more acres of corn generosity, she made our city and our want to invest, then, in better econo- grown this year than last year. Commonwealth better places to live. mists. There are even some odd things being Sally led a life that would not seem According to an April 2011 study done because the price of corn is $7. out of place in an epic movie or novel. issued by the Center for Agricultural From the Des Moines Register, this Born in Valdez, AK, in 1911, her father and Rural Development at Iowa State headline, from a northern small com- was a brigadier general who fought in University, only 14 cents or 8 percent munity of Iowa: At the Whittemore France during World War I and served of the increase in corn prices from 2006 Golf Club, the golf course is going to be with generals Pershing and Patton. In to 2009 was due to ethanol subsidies. plowed up and planted with corn. There 1931, Sally visited a friend from college The study also found that without the are some extreme measures that will in Louisville, and here she met her fu- ethanol subsidy, corn prices would be taken here to respond to the demand ture husband, W.L. Lyons Brown. When have averaged only 4 percent less over for food or fiber or fuel. Lyons soon after wrote Sally’s parents the same period of time. Just remember, agriculture in Amer- to tell them he was naming a race Finally, the article calls into ques- ica has the capability—the dem- horse ‘‘Sally Shall,’’ they knew it had tion the value of ethanol to our Na- onstrated capability to produce it all. been love at first sight. tion’s energy supply. It states: We don’t grow crops just for food. We The couple made their home in Lou- The ethanol industry would supply only 4 have always grown for food and fiber, isville, where he was the president and percent of the nation’s annual energy needs and for the last 30 years, food, fiber, chairman of Brown-Forman Corp., a even if it used 100 percent of the corn crop. and fuel. We can continue to do it, and Louisville-based company for over 140 This is a straw man. No one is argu- we are going to do it successfully, and years and one of the largest American- ing that ethanol will replace our Na- the consumers of America are not owned spirits and wine companies. tion’s entire energy needs. Using just going to pay for it. In fact, if we do not Sally became a generous benefactor to 23 percent of the corn crop, we are dis- continue to do that and keep the fam- Louisville institutions such as the placing nearly 10 percent of our Na- ily farmer of the United States healthy Speed Museum, Locust Grove, the Ac- tion’s foreign oil dependence. Domestic and strong—and ethanol is a contributors Theatre of Louisville and Water- ethanol production ranks behind only tion to that—then we are not going to front Park. the United States and Canadian oil be able to meet the needs of our soci- She was instrumental in preserving production in terms of domestic trans- ety. Locust Grove, the final home of Louis- portation fuel supply. I yield the floor. ville founder George Rogers Clark. It is obvious that Saturday’s opinion f Where the home had once been aban- piece in the Wall Street Journal was doned and in ill repair, today it is a just another coordinated effort to un- TRIBUTE TO ROBERT CVAR museum and National Historic Land- dermine and scapegoat homegrown eth- Mr. REID. Mr. President, today we mark. anol and America’s corn farmers to congratulate an important Senate em- Sally cared deeply and throughout help deflect criticism from big food ployee on retiring after 34 years of her long life for conservation and pres- producers. Make no mistake, Smith- dedicated service. Robert Cvar started ervation. She founded a conservation field’s CEO, Larry Pope, is concerned working at the Senate Recording Stu- program to preserve the natural beauty with only one thing—Smithfield’s bot- dio on August 1, 1977, as a film techni- of the Kentucky River. She advocated tom line. cian. He worked his way up the ladder for the preservation of federal national While companies such as Smithfield to become a broadcast production di- wildlife refuges, and was present at the perpetuate a smear campaign to boost rector. In addition to television studio bill signing by President Jimmy Carter their profits, American farmers and al- production, Bob directs the very pro- that saw the culmination of her efforts. ternative-fuel producers are working ceedings that many Americans are She was a delegate to U.N. conferences, hard to produce a reliable and safe sup- watching now on the Senate floor. and traveled internationally to pro- ply of food, fiber, and feed for the Na- Bob plans to spend his retirement mote wildlife conservation. tion and the world. with his wife Rocio and their daughter But most of all, Sally will be remem- That is the end of my reaction to Veronica, who turns 3 years old this bered for her enjoyment of life. She what he, Mr. Pope, said, but I would week. As a native of Minnesota, Bob is loved to be outdoors, working on her like to end by saying that the market- a diehard Minnesota Vikings fan. This farm. Even in her later years you could place will take care of this. You know, year, one of his lifelong dreams came often see her riding around on top of 30 years ago when we started an eth- true when the University of Minnesota her tractor. She was an artist, de- anol program, we produced about 100 at Duluth won the national champion- signer, and breeder of cattle, bushels of corn to the acre on average. ship for men’s hockey. thoroughbreds and Cavalier King Today, nationally, I think it is about I am proud of the many dedicated Charles spaniels. 155 bushels of corn to the acre. In Iowa, employees like Bob that help this Sally inspired her family, friends and I think it is about 168; the year before, Chamber function. The entire Senate all who knew her as she forged ahead it was 182. family extends our best wishes to Bob with her many philanthropic and intel- People who are experts in genetics Cvar in his future endeavors. lectual interests, all while setting the can say we will be able to double the f example as the matriarch of the Brown production of corn over the next 50 family since her husband’s passing in years. That is one way we can solve REMEMBERING SALLY BROWN 1973. Together they had four children, this problem. The other way is that Mr. MCCONNELL. Mr. President, it is 12 grandchildren, and 29 great-grand- there is a massive amount of land in a with great sadness that I rise today to children, and I want to express my con- lot of places on this Earth, and a great pay tribute and bid a fond farewell to a dolences to them and other family part of it is in West Africa, South Afri- remarkable philanthropist, a proud members at this great woman’s pass- ca, and parts of East Africa, where, if Louisvillian, a great-grandmother of ing. people would establish law guaran- 29, and a dear friend. Sadly, Sara Mr. President, the Louisville Courier- teeing property rights, title to land, Shallenberger Brown—known by her Journal recently published an editorial there would not be governmental dis- friends as ‘‘Sally’’—passed away this celebrating the life of Sally Brown. I incentives to growing food, there would April 30 in Louisville, just after cele- ask unanimous consent that the full not be a cheap food policy—there would brating her 100th birthday on April 14. article be printed in the RECORD. be a massive production of foodstuff in Sally was more than just a leading There being no objection, the article this world. citizen of Louisville and of Kentucky— was printed as follows:

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6594 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 [From the Louisville Courier-Journal, May 2, facturing jobs, with some especially the owner of the manufacturing company re- 2011] hard-hit counties losing as many as tired and sold out. If that had happened, At- SALLY BROWN: A FORCE OF NATURE one-third of their manufacturing em- lantic India Rubber Co. grommets and parts might be made in China now. Five years ago, when Kentucky Edu- ployers. But thanks to David and Irene, But the Morrises—working as manager and cational Television produced a documentary this was not to be in Johnson County. executive—decided they’d poured nearly 10 about her life, Sara Shallenberger Brown was The couple lived in their warehouse years of their life into building the factory called ‘‘a force of nature.’’ while trying to establish the business, in Johnson County. For most of the century through which she and had to have machines shipped from They cared about their employees, all lived, she was precisely that. And with her other locations since the local business hired locally when the 92-year-old company death on Saturday, the environmental move- moved from Illinois and Ohio in 2003. They ment and the community have lost a re- community was geared more towards the coal industry than manufacturing, cared that the rubber parts used on Harley markable leader. Davidson motorcycles and Arctic Cat snow- The daughter of an Army general who but they succeeded. As only one of nine mobiles and Boeing jets are made in the fought alongside George Patton in World manufacturing employers in the coun- U.S.A. They wanted to save their jobs. And War II, Mrs. Brown witnessed important ty, they have raised the local area’s ultimately, Irene Morris said, the company events in history at close range. Born in manufacturing employment rate, and survived ‘‘one of the toughest years ever’’ for Valdez, Alaska, in 1911, decades later she have helped keep jobs from drifting manufacturers, so ‘‘we knew the business would become a leader in the drive to save overseas. was sound.’’ the Arctic National Wildlife Refuge in Alas- So the couple, whose children are grown ka and stood beside President Jimmy Carter Last spring, after the couple had poured nearly 10 years of their lives and whose only debt was a mortgage and a when he signed the act protecting it in 1980. car loan, borrowed nearly $1.3 million to buy Widowed for almost 40 years from dis- into building the company, then-owner out their employer last summer. tillery executive W.L. Lyons Brown, Sr., she Jim Green announced that he would be ‘‘When we came on board here, we ran it rejected a comfortable, quiet life and became retiring. With none of the interested like it was ours. We put a lot of ourselves an advocate for all sorts of causes related to buyers having ties to Johnson County, into it,’’ Irene Morris said. the environment. She traveled to Frankfort David and Irene knew what they had to ‘‘I think we’re proud of what we do here.’’ to testify about the perils of strip mining KENTUCKY’S MANUFACTURING SLIDE and always came armed with a battery of do. Later that fall the couple an- facts, which she eloquently expressed in pre- nounced they were the new owners of Many manufacturers haven’t fared so well. cise terms. the Atlantic India Rubber Company. Since 2005, Kentucky has lost more than 18 She often said that to succeed as an advo- Because of their purchase, the rubber percent of its manufacturing jobs. Some cate on political issues a woman needs to parts used on Harley Davidson motor- counties have lost as many as a third of ‘‘act like a lady, look like a girl, think like cycles, Arctic Cat snowmobiles, and their manufacturing employers and more a man, and work like a dog.’’ than 60 percent of manufacturing jobs, ac- Boeing jets would still be made in the cording to the Kentucky Office of Employ- Besides her crusades, Sally Brown enjoyed heart of the Commonwealth, and eight life. She loved to ride, shoot and take care of ment and Training. The Morrises’ purchase her farm. She was as much at home on her hardworking people would still have of Atlantic India Rubber helped Johnson tractor as she was in the corridors of power. their jobs. With combined help from County buck that trend. She took pleasure in the accomplishments of the Southeast Kentucky Economic De- The company is one of nine manufacturing her children and grandchildren and always velopment Corporation and the Moun- employers in the county. Atlantic India’s challenged those she knew to push harder. tain Association for Community Eco- eight employees count for less than 10 per- She lived well on a grand stage, and with nomic Development, David and Irene cent of the 135–strong manufacturing labor force in the county. her departure, our city has lost one of its vi- secured a $1.3-million loan to buy the sionary leaders. But since 2005, Johnson County’s manufac- company and the location. turing employment has grown by nearly 12 f Irene once said that at first she was percent. TRIBUTE TO DAVID AND IRENE hesitant to take on her responsibilities The rubber company has an old brand name, but before it moved to Johnson Coun- MORRIS at Atlantic India Rubber Company for fear of failure. Well, as she discovered, ty, it was really just a distributor. Contrac- Mr. MCCONNELL. Mr. President, I along with her employees and the resi- tors made all the parts, Irene Morris said. rise today to honor the extraordinary ‘‘We were a start-up in the sense that for dents of Johnson County, failure was probably 30 or maybe more years, it was accomplishments of two of the most simply not in the cards for the dedicated and hard-working citizens of maybe just a distribution center,’’ she said. Morrises. It is people like them, who ‘‘Distribution isn’t all that much cost to set the Commonwealth, David and Irene have extraordinary aspirations and up; manufacturing is because you’ve got all Morris of Hager Hill, KY. Working as a faith in themselves and in Kentucky, your presses. team of husband and wife, David and that continue to make the Common- ‘‘Coming into this area, that was probably Irene have worked tirelessly over the wealth a thriving and positive place to one of the biggest challenges we’ve had. No years to strengthen and improve the work and live. one in this area had experience.’’ manufacturing industry in Johnson They brought two employees from Michi- Mr. President, the Lexington Herald- gan, including their son, who now manages a County and throughout the State Leader recently published an article through their work at the Atlantic restaurant in Paintsville. But they hired the highlighting the impressive careers of rest of their employees locally. India Rubber Company. David and Irene, and I ask unanimous The Morrises worked to improve the qual- Although Irene and David’s native consent that the full article be printed ity of their products and relationships with roots are in Michigan, the couple in the RECORD. customers. Atlantic India’s owner, Jim moved to Kentucky when the Atlantic There being no objection, the article Green, was a former Johnson Countian who India Rubber Company, a 92-year-old was printed as follows: knew the area but lived in Florida. He trusted Irene and David Morris to run the busi- company, moved its operations here [From Kentucky.com, Jan. 29, 2011] from Illinois and Ohio in 2003. David ness as though it were their own. JOHNSON COUNTY COUPLE BUYS OUT Irene Morris said her husband, who had and Irene were hired to oversee the EMPLOYER, KEEPS JOBS IN KENTUCKY served in Germany and Spain in the Army, day-to-day operations of the facility. (By Dori Hjalmarson) was the one who talked her into pulling up Their son and one other employee her Michigan roots to move to Johnson KY. MANUFACTURING EMPLOYMENT WOES joined them on their move, and the County in the first place. rest of their employees were hired lo- Percent Change in Employment, 2005–2009 ‘‘I didn’t have a lot of faith in my ability,’’ cally. United States—16.8 Irene Morris said. David and Irene’s decision to take on Kentucky—18.6 She had gone to college to be a social their responsibilities as manager and Johnson Co.—11.6 worker but got a job as a trimmer at another —Kentucky Office of Employment and rubber company. She has learned the busi- executive came at a time when the Training ness from the ground up over 20 years. She State’s manufacturing job rate was on HAGER HILL.—Irene and David Morris could and David met working for the same rubber a steady decline. In recent years, Ken- have packed up and taken jobs elsewhere, company, before they were hired by Atlantic tucky has lost too many of its manu- maybe back home in Ohio or Michigan, when India.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6595 There were advantages to working in John- She said she knew the manufacturing side naval flight officer wings. Lieutenant son County: Their boss knew the area and of her work, but she had to learn quickly Williams was deployed to Afghanistan, wanted to move; costs were lower than those about the financial side. where he served aboard the U.S.S. in factory-saturated Ohio and Michigan; the Half of the loan came from a federal Small Theodore Roosevelt, providing air sup- small-town atmosphere and cost of living ap- Business Administration program handled by port for U.S. ground troops. After repealed to the couple. SKED: the other half came from MACED. If But there were problems, too. The local the couple defaults, the organizations would turning from Afghanistan, Lieutenant business community isn’t geared toward seize the business and property. Williams was chosen as a flight in- manufacturing. The feeling, when they signed their names structor at Lemoore Naval Air Station. ‘‘In Michigan,’’ David Morris said, parts to the loan, was both empowerment and For his service, Lieutenant Williams makers used to be so plentiful ‘‘you could trepidation. received a number of awards including just go around the corner and find what you ‘‘We’ve never been that far ever in debt,’’ two Presidential Air Medals, the Af- need.’’ David Morris said. ghanistan Campaign Medal with Star, Now, the Morrises need a tool-and-die But he believed in his wife. Irene Morris is Global War on Terrorism Service maker, for example, but the market is so officially the 51 percent owner, which gives Medal, Pistol Marksmanship Medal, geared toward the coal industry, they aren’t the company a leg up in some contracts be- and Sea Service Deployment Ribbon. A sure where to start looking locally. Also, cause it can call itself a ‘‘woman-owned’’ they are pleased that one of their Oregon business. dedicated Buffalo Bills fan, he will be contractors might be opening up facilities in The fact that the Morrises know the busi- remembered as a kind and caring per- Ohio, cutting travel and distribution costs. ness so well made them good candidates for son who was always willing to lend a When they first moved to Hager Hill, Irene a loan, said Justin Maxson, president of hand to those in need. Lieutenant Wil- and David Morris lived in their warehouse MACED. liams is survived by his wife Meredith; while trying to establish the business. They Irene Morris said she might have given up his parents Alan and Gay Williams; and had to have machines shipped in and find trying to get the loan if not for such encour- his brothers Jeffrey and Seth. He was workers they could train to run them. agement from MACED and Southeast Ken- 28 years old. They still feel like outsiders in Johnson tucky Economic Development. County, but local leaders have welcomed Nothing can fully account for the When she’s ready to retire in 20 years, Mor- loss suffered by the families of Lieu- them, Irene Morris said. She has a relation- ris said, ‘‘I would like to see a couple of our ship with the local chamber of commerce, employees be able to buy the business.’’ tenants Lowe and Williams, and all the judge-executive, state representatives. those who loved them. But I hope they f She said she personally knows the local UPS can take comfort in the knowledge and FedEx workers, as well as bankers and HONORING OUR ARMED FORCES that they will be forever honored and suppliers. remembered by a grateful Nation. ‘‘They made us feel like a big deal, even LIEUTENANT MATTHEW IRA LOWE AND LIEUTEN- though we were small,’’ Irene Morris said. ANT NATHAN HOLLINGSWORTH WILLIAMS f HANDS-ON MANAGERS Mrs. BOXER. Mr. President, today I ARMENIAN GENOCIDE The Morrises were managers, but they ask my colleagues to join me in paying REMEMBRANCE DAY, 2011 tribute to two dedicated Navy officers knew every job in the business and were Mr. LEVIN. Mr. President, each year who were tragically killed in a training hands-on. They filled in for their workers, we commemorate Armenian Genocide accident in my home State of Cali- and they trained a press operator to fill in Remembrance Day. April 24 came dur- for them. They bought a house and two cars, fornia. ing our recess this year and marked and their son eventually moved on to other LT Matthew Ira Lowe and LT Nathan the 96th anniversary of the date in 1915 jobs. Hollingsworth Williams died on April 6, when Turkish Ottoman authorities or- ‘‘We’re just ordinary people,’’ Irene Morris 2011, after their F/A–18F Super Hornet said. She didn’t have aspirations to ‘‘get dered the rounding up and detention of crashed near the Lemoore Naval Air rich’’ or even to own her own business until hundreds of Armenian intellectual a couple of years ago, when her boss decided Station in central California. Lieuten- leaders, civic leaders, writers, priests, to retire and sell. ants Lowe and Williams were assigned teachers, and doctors. Many of these There were interested buyers, but none to Strike Fighter Squadron VFA–122, leaders would eventually be executed. with ties to Johnson County. The economy based at Lemoore Naval Air Station. What followed between 1915 and 1923 was starting to slide, manufacturing jobs na- LT Matthew Ira Lowe of Plantation, tionwide were disappearing, and the Atlantic was an organized campaign of deporta- FL, had a lifelong passion for flying. tion, expropriation, conscription, star- India brand might have been valuable He received an engineering degree from enough to those outside buyers without vation, and other atrocities that re- keeping the manufacturing in Kentucky. the University of Central Florida in sulted in the deaths of over 1.5 million A few years earlier, a major Johnson Coun- 2001. While in college, he also earned Armenians. Large numbers of Arme- ty manufacturer, American Standard plumb- his pilot’s license. He later joined the nians fled their homeland to seek safe- ing parts, had sent hundreds of jobs to Mex- Navy and received his commission ty elsewhere, including in Michigan ico. The Morrises feared Atlantic India through Officer Candidate School in and other communities in the United would have had a similar fate. February 2003. Most recently, Lieuten- The couple made contacts with local gov- States. We remember the tragic events ant Lowe served as an instructor, and of this period to honor those who died ernment and non-profit groups, as well as had been training to become a pilot for the state Cabinet for Economic Develop- and to show our respect and solace for ment. the elite Blue Angels exhibition team. those who survived the suffering in- The Morrises are part of a trend, said Eco- A decorated pilot who earned the flicted on the Armenian people. nomic Development Commissioner Erik Navy/Marine Corps Achievement Medal We also remember the Armenian Dunnigan. and the National Defense Service Genocide to remind ourselves of the In 2010, 84 percent of job growth and invest- Medal, Lieutenant Lowe will be re- evil which mankind is capable of and to ment growth came from existing local com- membered by those who served with reaffirm our collective commitment to panies, as opposed to companies new to Ken- him for his sense of humor and out- tucky: ‘‘That’s redirecting our efforts,’’ a future in which such mass atrocities Dunnigan said. going personality. Lieutenant Lowe is will not be repeated. While the horrific In September 2009, Atlantic India started survived by his parents Ira and Pamela abuses suffered by the Armenians have talking with Mountain Association for Com- Lowe, and two elder siblings. He was 33 been described as the first genocide of munity Economic Development, a Berea years old. the 20th century, they were soon fol- non-profit. MACED and Southeast Kentucky A native of Oswego, NY, LT Nathan lowed by other genocides and mass Economic Development, a London non-prof- Hollingsworth Williams attended the atrocities, including the Holocaust, it, began the year-long process to help Atlan- University of Rochester on a Navy Re- which Hitler said could be pursued be- tic India secure nearly $1.3 million in financ- serve Officer Training Corps scholar- cause ‘‘Who, after all, speaks today of ing to buy the company and the building they were leasing. ship. Upon graduating with honors in the annihilation of the Armenians?’’ As Irene Morris had to write an application mathematics in 2004, he reported for the tragedies in Rwanda, Bosnia, for the loan, a three-year forecast, growth duty at Naval Air Station Pensacola Darfur and elsewhere show, when man- projections and a business plan. for flight training where he earned his kind turns a blind eye to an unfolding

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6596 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 massacre, those who would use whole- egon’s iconic figures. Bob Duncan ran Please join me in extending my con- sale violence against others are unsuccessfully for the U.S. Senate dolences to his wife Kathryn and his emboldened to believe they can act three times, narrowly losing to names children. All of Oregon shares in their with impunity. that are familiar to everyone in this loss. More recently, the international room—Wayne Morse and Mark Hat- f community has come together to pre- field. NATIONAL VA RESEARCH WEEK vent a massacre of civilians from oc- On a personal note, I might also add curring in Libya. The memory of the that Bob Duncan was the incumbent Mrs. MURRAY. Mr. President, I tragic consequences of mankind’s col- and my opponent in the 1980 primary would like to recognize the accom- lective failure to act in the past has race for Oregon’s 3rd Congressional plishments and discoveries of inves- helped to motivate world leaders to District. When I won that race I was tigators and scientists at the Depart- commit at the United Nations to the afraid that I had made an enemy for ment of Veterans Affairs, VA, who protection of the Libyan people against life out of someone who was revered in have brought about critical advances the murderous threats of the Qadhafi State Democratic circles. I couldn’t in health care delivery and medical regime. have been more wrong. He reached out knowledge through innovative medical It is also important to remember the to me and became both a friend and a research. These researchers and the events of 1915–1923 with honesty and in- supporter. veterans that make it all possible will tegrity for reconciliation and healing Throughout his life, Bob Duncan was be honored this week by National VA to occur. Some have sought to deny a major force in Oregon politics, shap- Research Week, which celebrates the that these events constituted genocide. ing the state through his various roles historic success of VA research collabo- But the devastating effects of the Otto- as speaker of the Oregon House to in- rations through this year’s theme of man Turkish regime’s systematic en- fluential member of the House appro- ‘‘Discovery and Collaboration for Ex- ceptional Health Care.’’ I would like to gagement in the killing and deporta- priations subcommittee on transpor- share some of the amazing break- tion of the Armenian community can- tation where he played a key role in throughs that have resulted from VA not be denied. The consequences of bringing light rail to the streets of research and that have advanced the these acts are with us today among the Portland. His public life ended in 1987 quality of health care for all Ameri- Armenian diaspora living and thriving when he stepped down as chairman of cans. the Northwest Power Planning Coun- throughout the world and in the ten- At the conclusion of World War I, it sions within the Caucasus region. The cil. was clear that servicemembers return- Bob’s service in Congress covered a costs of these violent acts to the vic- ing from a new type of warfare needed pivotal time in American politics the tims and the survivors must not be dis- innovative medical treatment. VA re- war in Vietnam. In 1966, at the urging counted through denial. search began conducting hospital-based These acts were not committed by of President Lyndon Johnson, Bob gave medical studies in 1925 and since then the present day Republic of Turkey. up his congressional seat from south- has continued to publish significant re- Over the last few years, Armenia and ern Oregon to run for the Senate search studies on a regular basis. While Turkey have engaged in an important against then-Governor Mark Hatfield. VA research studies have changed dra- dialogue on normalizing relations. This It was a nationally watched race pit- matically over the years to reflect the process has unfortunately stalled, and ting Duncan, a proponent of the war, needs of veterans of each conflict, the should be reinvigorated to remove bar- against Hatfield, one of the Nation’s goal of providing quality care has re- riers and promote reconciliation be- earliest opponents of the United mained paramount. tween the two countries. In addition, States’ Vietnam policy. This commitment to quality care has Turkey, as a NATO ally, has played an Two years later, Bob lost by only led to a litany of medical break- important role in the enforcement of about 10,000 votes when he ran against throughs and discoveries that are re- the U.N. resolutions regarding Libya Wayne Morse in the Democratic pri- spected and have been utilized around and the protection of the Libyan people mary for Oregon’s other Senate seat. the world. Without the tireless efforts from brutal attacks by the Qadhafi re- Morse eventually lost to Republican of VA researchers, the medical commu- gime. Bob Packwood. In 1972, he lost again to nity would not have lifesaving tools So in honor of the 97th anniversary of Morse in a Democratic primary for the such as the pacemaker and the heart Armenian Genocide Remembrance U.S. Senate. stint. Without the breakthroughs of Day, let us rededicate ourselves to the Never one to remain idle, Duncan VA research, the world may never have prevention of mass atrocities and the having moved to Portland, won an open seen a successful liver transplant, a principles of justice and understanding, congressional seat in 1974, making him safer cure for tuberculosis, or genetic which are essential for the promotion the only person in Oregon history to mapping that may one day lead to the of human dignity. represent U.S. House districts in dif- eradication of Alzheimer’s disease. The f ferent parts of the State. many successes of VA research con- But Bob Duncan’s life should not be tinue today as ongoing projects close REMEMBERING CONGRESSMAN defined by races won and lost. He was a in on a possible cure for cancer, create ROBERT DUNCAN tireless advocate for civil liberties, new pharmaceutical solutions for seri- Mr. WYDEN. Mr. President, I rise civil rights and eliminating the ous mental illness, and build new pros- today to recognize a man who deserves scourge of poverty in America. His thetics and assistive devices that make his own branch on the tree of Oregon friends and you can count me among a return to normal life possible for our politics. them remember him as tenacious and wounded warriors. Former Congressman Robert B. Dun- hard working with a brilliant legal VA research holds the promise to im- can, died Friday in Portland at the age mind. prove treatment and rehabilitation for of 90. He will long be remembered for I will always remember him as a our Nation’s veterans. From developing what he achieved in reviving the Or- larger-than-life figure who loved tell- new prosthetics to understanding and egon Democratic Party in the years ing stories and never let politics get- treating traumatic brain injuries, vet- after World War II and being elected to ting in the way of doing what he felt erans can be certain that VA medical represent two of Oregon’s congres- was right. Despite running a hard- staff will always be prepared to best sional districts during the 1960s and fought race against each other, Duncan heal their wounds. Wounds, both visi- 1970s where he championed such great and Mark Hatfield became close friends ble and invisible, must receive the best causes as civil rights and the war on and working partners. Thanks to Hat- care and treatment possible, and I am poverty. field’s efforts, a government building proud that VA is leading the way on He will also be remembered as some- in downtown Portland now bears Dun- new treatments for post-traumatic one who bravely took on two of Or- can’s name. stress disorder, PTSD.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6597 VA breakthroughs in the treatment ADDITIONAL STATEMENTS into a producer of 150 unique New of PTSD have not only helped thou- Mexican and Mexican food products, sands of veterans but have served as an spreading ‘‘el sabor de Nuevo Mexico’’ 60TH ANNIVERSARY OF BUENO example for both the American and across the State and the Nation. Now FOODS international mental health commu- owned and operated by the second gen- ∑ nity. Most recently, VA has been a re- Mr. BINGAMAN. Mr. President, ‘‘red eration of the Baca family in the same source for the people of Japan while or green?’’ That is the question. As South Valley neighborhood, Bueno they grapple with the mental wounds anyone who has ever dined in my State Foods employs about 220 people year- well knows, this inquiry refers to of the tragic earthquake and tsunami round and up to 350 during peak chile- whether one prefers the zesty green that so violently shook that country roasting season. The Baca family is chile or the piquant red chile when or- also active in the New Mexico Chile As- earlier this year. Today, while the first dering New Mexico’s unique native cui- sociation, a nonprofit organization responders and the resilient people of sine. In fact, in my State of New Mex- composed of growers and producers Alabama and the areas affected by re- ico ‘‘red or green’’ is our official State fighting to ensure the chile industry cent tornado destruction begin phys- question, and as I understand it, New remains and prospers in New Mexico. ically rebuilding their homes and com- Mexico is the only State that has des- The Baca family has always believed munities, they can rely on the Psycho- ignated a State question. in giving back to its community. To logical First Aid Field Operations For hundreds of years, chile has been help mark the 60th anniversary cele- Guide to provide tips on how to begin central to the culture of New Mexico. bration, Bueno Foods is focusing on the healing process. Early Spanish settlers brought the four elements that are important to chile plant to New Mexico from the Medical and scientific advances from the family and their company: improv- Valley of Mexico. Today, growing and VA research have often come through ing the environment by planting 60 cot- processing chile peppers is New Mexi- collaboration. VA has the privilege of tonwood trees to replace those de- co’s signature industry providing about stroyed in last year’s bosque fire in relying on one of our Nation’s greatest 5,000 jobs and a total value of about assets, the men and women who serve. Barelas; preserving their culture by $400 million per year. The chile pepper giving away special Autumn Roast These veterans understand that often- and the frijole—or pinto bean—are also times, their participation in VA Re- Chile grown in Hatch, NM; supporting the State’s official vegetables. literacy and education by providing 600 search may not directly benefit their Today I honor the Baca family of Al- copies of the children’s book ‘‘Tia lives. Instead, they continue to serve buquerque and the 60th anniversary of Tamales’’ to low-income schools in Bueno Foods. Just as chile peppers are their fellow Americans by trying to en- New Mexico; and contributing to 60 integral to New Mexican cuisine, for sure better quality care for those who community charities that focus on the generations Bueno Foods has been inte- return from armed conflicts in the fu- basic needs of education, hunger, and gral to the preparation of delicious ture. By partnering with 1 million vet- stronger communities. erans, VA is launching the Million Vet- products made from chile. The Baca family is a pillar of New Mexico busi- It is an honor to congratulate Jackie, eran Project, an effort to learn more Gene, Catherine, and Ana Baca and the about how genetics affect health. ness and of the Barelas neighborhood in the South Valley of Albuquerque. Baca family on their 60 years of success VA also has the ability to partner Three brothers, Joe, Ray, and August with Bueno Foods, to thank them for with some of the best medical research Baca, members of a long-established all their good work in the South Valley institutions through their relationship New Mexican family, returned to New and throughout New Mexico, and to re- with the Association of American Med- Mexico in 1946 from serving in World member those far-sighted brothers who ical Colleges. This year’s theme marks War II. They opened a local grocery, started it all with a good idea and a ∑ the 65th anniversary of an agreement the Ace Food Store in Barelas. Soon chile roaster. which allowed VA to join with medical they started offering their mother’s f schools and create innovative partner- legendary cooking, adding a carry-out ships directly impacting the quality of component to the store. At first, from REMEMBERING ABRAHAM care. This partnership is a significant the kitchen of their childhood home, BREEHEY they made corn and flour tortillas, reason for VA research being so suc- ∑ Mrs. BOXER. Mr. President, it is cessful at finding innovative solutions tamales and posole. The homemade traditional New with deep sadness that I pay tribute to to health care problems. Because of Mexican dishes were an immediate hit. Abraham ‘‘Abe’’ Breehey, and I ask my this collaboration, VA scientists and Then, the Baca brothers had an idea. colleagues to join me today in hon- researchers have access to both VA They talked about it around the supper oring his memory. Abe, who was a medical centers and various university table with their mother and father. champion of the rights of America’s medical centers to conduct their re- They talked about it day and night. It working men and women, passed away search. This partnership brings to- was the early 1950s and every house- suddenly last month from complica- gether the brightest minds of our med- hold was getting a freezer. Commercial tions related to a brain tumor. He was ical and scientific communities and frozen vegetables were becoming the just 34 years old. yields positive results for our veterans. rage. The brothers asked themselves Abe was a well-respected friend and colleague to many in the Senate. As di- I am proud to have been a long-time, two questions: Why couldn’t they take rector of Legislative Affairs and spe- ardent supporter of VA research. I a piece of their heritage, New Mexico’s fresh-roasted green chile, and preserve cial assistant to the international know that VA’s world-class researchers president of the International Brother- could easily work elsewhere, but they it? Why couldn’t they start with an autumn tradition and use freezers to hood of Boilermakers, Iron Ship Build- continue to work with the Department ers, Blacksmiths, Forgers and Helpers, in fulfilling its obligations to con- make it last until the following year’s harvest? he tirelessly represented workers stantly improve the quality of care for Thus, the Baca brothers were the across the country. He also served as our veterans. At a time when more and first to flame roast green chile and chairman of the AFL–CIO Building and more veterans are coming home from freeze it on a commercial scale. No Construction Trades Department’s war and relying on VA for their health equipment existed, so they had to build Legislative Task Force. care needs, we here in Congress must it. No process existed, so they had to Abe worked closely with the Senate make sure we can lead the way with a invent it. And on May 18, 1951, Bueno Environment and Public Works Com- strong investment in our veterans and Foods was born. mittee, which I chair, in our efforts to the high quality care we are committed Bueno Foods has grown steadily from promote clean energy jobs. He rep- to providing them. that small neighborhood grocery store resented labor interests with passion

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6598 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 and intellect and was a powerful advo- (The nominations received today are Pesticide Tolerances’’ (FRL No. 8870–9) re- cate for the role of workers in moving printed at the end of the Senate pro- ceived during adjournment of the Senate in the U.S. toward a clean energy future. ceedings.) the Office of the President of the Senate on He was, in the words of International April 26, 2011; to the Committee on Agri- f culture, Nutrition, and Forestry. Brotherhood of Boilermakers President MESSAGE FROM THE HOUSE EC–1406. A communication from the Direc- Newton B. Jones, the union’s ‘‘point tor of the Regulatory Management Division, man on Capitol Hill,’’ who advanced At 12:10 p.m., a message from the Office of Policy, Environmental Protection many critical causes on behalf of work- House of Representatives, delivered by Agency, transmitting, pursuant to law, the ing men and women ‘‘with boundless Mrs. Cole, one of its reading clerks, an- report of a rule entitled ‘‘Metiram; Pesticide enthusiasm and determination.’’ nounced that the House has passed the Tolerances’’ (FRL No. 8869–1) received during Abe’s work was not limited to the following bill, in which it requests the adjournment of the Senate in the Office of U.S. Congress. He also worked inter- concurrence of the Senate: the President of the Senate on April 26, 2011; to the Committee on Agriculture, Nutrition, nationally on efforts to control global H.R. 1213. An act to repeal mandatory and Forestry. warming, representing the Inter- funding provided to States in the Patient EC–1407. A communication from the Direc- national Brotherhood of Boilermakers Protection and Affordable Care Act to estab- tor of the Regulatory Management Division, in international negotiations under the lish American Health Benefit Exchanges. Office of Policy, Environmental Protection United Nations Framework Convention f Agency, transmitting, pursuant to law, the on Climate Change. report of a rule entitled ‘‘Aluminum tris(0- MEASURES READ THE FIRST TIME Abe received his bachelor’s degree ethylphosphonate), Butylate, Chlorethoxy- from Sienna College in Loudonville, The following bill was read the first fos, Clethodim, et al.; Tolerance Actions’’ time: (FRL No. 8869–6) received during adjourn- NY, and his master’s degree in public ment of the Senate in the Office of the Presi- policy from the Rockefeller College of H.R. 1213. An act to repeal mandatory dent of the Senate on April 21, 2011; to the Public Affairs and Policy at the Uni- funding provided to States in the Patient Committee on Agriculture, Nutrition, and versity of Albany. He was also a grad- Protection and Affordable Care Act to estab- Forestry. uate of the Trade Union Program at lish American Health Benefit Exchanges. EC–1408. A communication from the Direc- Harvard Law School. Prior to joining f tor of the Regulatory Management Division, the Boilermakers, he served as legisla- Office of Policy, Environmental Protection EXECUTIVE AND OTHER Agency, transmitting, pursuant to law, the tive assistant for Representative DOG- COMMUNICATIONS report of a rule entitled ‘‘Carbon Dioxide; GETT. Exemption from the Requirement of a Toler- As anyone who worked with him can The following communications were laid before the Senate, together with ance’’ (FRL No. 8873–1) received in the Office tell you, Abe was an extraordinary per- of the President of the Senate on May 2, 2011; son. Always full of cheer, he possessed accompanying papers, reports, and doc- to the Committee on Agriculture, Nutrition, a gift for finding common ground on uments, and were referred as indicated: and Forestry. tough issues, and he was taken from EC–1401. A communication from the Direc- EC–1409. A communication from the Direc- this world far too early. tor of the Regulatory Management Division, tor of the Regulatory Management Division, On Thursday, April 14, Abe passed Office of Policy, Environmental Protection Office of Policy, Environmental Protection Agency, transmitting, pursuant to law, the Agency, transmitting, pursuant to law, the away, leaving a loving wife, Sonya, and report of a rule entitled ‘‘Fluopicolide; Pes- report of a rule entitled ‘‘Clothianidin; Pes- beloved daughter, Abigail. He is also ticide Tolerances’’ (FRL No. 8859–9) received ticide Tolerances’’ (FRL No. 8873–3) received survived by his parents Ray and Carol during adjournment of the Senate in the Of- in the Office of the President of the Senate Breehey, sister Rachel Breehey Mollen, fice of the President of the Senate on April on May 2, 2011; to the Committee on Agri- three nieces, and a nephew. Our 18, 2011; to the Committee on Agriculture, culture, Nutrition, and Forestry. thoughts and prayers go out to his lov- Nutrition, and Forestry. EC–1410. A communication from the Direc- ing family and many friends. EC–1402. A communication from the Direc- tor of the Regulatory Management Division, The U.S. Congress and workers tor of the Regulatory Management Division, Office of Policy, Environmental Protection Office of Policy, Environmental Protection Agency, transmitting, pursuant to law, the across the country have lost a tireless Agency, transmitting, pursuant to law, the report of a rule entitled ‘‘Metarhizium advocate, trusted colleague and friend, report of a rule entitled ‘‘Data Requirements anisopliae strain F52; Exemption From the and Abe will be greatly missed. Al- for Antimicrobial Pesticides; Notification to Requirement of a Tolerance’’ (FRL No. 8872– though his life was short, Abe unques- the Secretaries of Agriculture and Health 3) received in the Office of the President of tionably left his mark and he made a and Human Services’’ (FRL No. 8861–7) re- the Senate on May 2, 2011; to the Committee difference in the lives of working peo- ceived during adjournment of the Senate in on Agriculture, Nutrition, and Forestry. ple everywhere. He will serve as an in- the Office of the President of the Senate on EC–1411. A communication from the Con- spiration for all of us going forward, April 19, 2011; to the Committee on Agri- gressional Review Coordinator, Animal and culture, Nutrition, and Forestry. Plant Health Inspection Service, Department and we will build on his important EC–1403. A communication from the Direc- of Agriculture, transmitting, pursuant to work to honor his legacy. I know I tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Citrus speak for all of my colleagues in the Office of Policy, Environmental Protection Canker, Citrus Greening, and Asian Citrus Senate in mourning the loss of Abe Agency, transmitting, pursuant to law, the Psyllid; Interstate Movement of Regulated Breehey and paying tribute to the life report of a rule entitled ‘‘Triflusulfuron- Nursery Stock’’ ((RIN0579-AD29)(Docket No. of this vibrant and successful young methyl; Pesticide Tolerances’’ (FRL No. APHIS–2010–0048)) received during adjourn- man.∑ 8871–4) received during adjournment of the ment of the Senate in the Office of the Presi- Senate in the Office of the President of the dent of the Senate on April 27, 2011; to the f Senate on April 19, 2011; to the Committee on Committee on Agriculture, Nutrition, and MESSAGES FROM THE PRESIDENT Agriculture, Nutrition, and Forestry. Forestry. EC–1404. A communication from the Direc- EC–1412. A communication from the Con- Messages from the President of the tor of the Regulatory Management Division, gressional Review Coordinator, Animal and United States were communicated to Office of Policy, Environmental Protection Plant Health Inspection Service, Department the Senate by Mr. Pate, one of his sec- Agency, transmitting, pursuant to law, the of Agriculture, transmitting, pursuant to retaries. report of a rule entitled ‘‘Pyrasulfotole; Pes- law, the report of a rule entitled ‘‘Gypsy f ticide Tolerances’’ (FRL No. 8869–5) received Moth Generally Infested Areas; Additions in during adjournment of the Senate in the Of- Indiana, Maine, Ohio, Virginia, West Vir- EXECUTIVE MESSAGES REFERRED fice of the President of the Senate on April ginia, and Wisconsin’’ (Docket No. APHIS– As in executive session the Presiding 26, 2011; to the Committee on Agriculture, 2010–0075) received during adjournment of the Officer laid before the Senate messages Nutrition, and Forestry. Senate in the Office of the President of the EC–1405. A communication from the Direc- Senate on April 18, 2011; to the Committee on from the President of the United tor of the Regulatory Management Division, Agriculture, Nutrition, and Forestry. States submitting sundry nominations Office of Policy, Environmental Protection EC–1413. A communication from the Health which were referred to the appropriate Agency, transmitting, pursuant to law, the Physicist, Army Safety Office, Department committees. report of a rule entitled ‘‘Mefenpyr-diethyl; of Defense, transmitting, pursuant to law,

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6599 the report of a rule entitled ‘‘Radiation ant to law, a report relative to the Program mittee on Banking, Housing, and Urban Af- Sources on Army Land’’ (RIN0702-AA58) re- Acquisition Unit Cost and the Average Pro- fairs. ceived during adjournment of the Senate in curement Unit Cost for the C–27J program EC–1432. A communication from the Assist- the Office of the President of the Senate on exceeding the Acquisition Program Baseline ant to the Board of Governors of the Federal April 26, 2011; to the Committee on Armed values; to the Committee on Armed Services. Reserve System, transmitting, pursuant to Services. EC–1424. A communication from the Under law, the report of a rule entitled ‘‘Regulation EC–1414. A communication from the Under Secretary of Defense (Acquisition, Tech- Z—Truth in Lending’’ ((RIN7100–AD55)(12 Secretary of Defense (Personnel and Readi- nology and Logistics), transmitting, pursu- CFR 226)) received during adjournment of the ness), transmitting a report on the approved ant to law, a report relative to the realistic Senate in the Office of the President of the retirement of Lieutenant General Robert L. survivability testing of the Littoral Combat Senate on April 15, 2011; to the Committee on Van Antwerp, Jr., United States Army, and Ship (LCS); to the Committee on Armed Banking, Housing, and Urban Affairs. his advancement to the grade of lieutenant Services. EC–1433. A communication from the Chief Counsel, Federal Emergency Management general on the retired list; to the Committee EC–1425. A communication from the Under Agency, Department of Homeland Security, on Armed Services. Secretary of Defense (Acquisition, Tech- transmitting, pursuant to law, the report of EC–1415. A communication from the Direc- nology and Logistics), transmitting, pursu- a rule entitled ‘‘Changes in Flood Elevation tor of Defense Procurement and Acquisition ant to law, ninety-five (95) Selected Acquisi- Determinations’’ ((44 CFR Part 65)(Docket Policy, Department of Defense, transmit- tion Reports (SARs) for the quarter ending No. FEMA–2011–0002)) received during ad- ting, pursuant to law, the report of a rule en- December 31, 2010 (DCN OSS 2011–0710); to the journment of the Senate in the Office of the titled ‘‘Defense Federal Acquisition Regula- Committee on Armed Services. President of the Senate on April 20, 2011; to tion Supplement; Acquisition of Commercial EC–1426. A communication from the Assist- the Committee on Banking, Housing, and Items’’ ((RIN0750-AG23)(DFARS Case 2008– ant Secretary, Bureau of Political-Military Urban Affairs. D011)) received during adjournment of the Affairs, Department of State, transmitting, EC–1434. A communication from the Chief Senate in the Office of the President of the pursuant to law, an addendum to a certifi- Counsel, Federal Emergency Management Senate on April 25, 2011; to the Committee on cation, transmittal number: DDTC 11–011, of Agency, Department of Homeland Security, Armed Services. the proposed sale or export of defense arti- transmitting, pursuant to law, the report of EC–1416. A communication from the Under cles, including technical data, and defense a rule entitled ‘‘Changes in Flood Elevation Secretary of Defense (Personnel and Readi- services to a Middle East country regarding Determinations’’ ((44 CFR Part 65)(Docket ness), transmitting a report on the approved any possible affects such a sale might have No. FEMA–2011–0002)) received during ad- retirement of Vice Admiral Peter H. Daly, relating to Israel’s Qualitative Military Edge journment of the Senate in the Office of the United States Navy, and his advancement to over military threats to Israel; to the Com- President of the Senate on April 20, 2011; to the grade of vice admiral on the retired list; mittee on Armed Services. the Committee on Banking, Housing, and to the Committee on Armed Services. EC–1427. A communication from the Assist- Urban Affairs. EC–1417. A communication from the Under ant Secretary, Bureau of Political-Military EC–1435. A communication from the Chief Secretary of Defense (Personnel and Readi- Affairs, Department of State, transmitting, Counsel, Federal Emergency Management ness), transmitting a report on the approved pursuant to law, an addendum to a certifi- Agency, Department of Homeland Security, retirement of Vice Admiral David J. Dorsett, cation, transmittal number: DDTC 11–014, of transmitting, pursuant to law, the report of United States Navy, and his advancement to the proposed sale or export of defense arti- a rule entitled ‘‘Changes in Flood Elevation the grade of vice admiral on the retired list; cles, including technical data, and defense Determinations’’ ((44 CFR Part 65)(Docket to the Committee on Armed Services. services to a Middle East country regarding No. FEMA–2011–0002)) received during ad- EC–1418. A communication from the Under any possible affects such a sale might have journment of the Senate in the Office of the Secretary of Defense (Personnel and Readi- relating to Israel’s Qualitative Military Edge President of the Senate on April 20, 2011; to ness), transmitting a report on the approved over military threats to Israel; to the Com- the Committee on Banking, Housing, and retirement of Brigadier General Larry D. mittee on Armed Services. Urban Affairs. Wyche, United States Army, and his ad- EC–1428. A communication from the Assist- EC–1436. A communication from the Chief vancement to the grade of brigadier general ant Secretary, Bureau of Political-Military Counsel, Federal Emergency Management on the retired list; to the Committee on Affairs, Department of State, transmitting, Agency, Department of Homeland Security, Armed Services. pursuant to law, an addendum to a certifi- transmitting, pursuant to law, the report of EC–1419. A communication from the Direc- cation, transmittal number: DDTC 10–130, of a rule entitled ‘‘Changes in Flood Elevation tor of Defense Procurement and Acquisition the proposed sale or export of defense arti- Determinations’’ ((44 CFR Part 65)(Docket Policy, Department of Defense, transmit- cles, including technical data, and defense No. FEMA–2011–0002)) received during ad- ting, pursuant to law, the report of a rule en- services to a Middle East country regarding journment of the Senate in the Office of the titled ‘‘Defense Acquisition Regulation Sup- any possible affects such a sale might have President of the Senate on April 20, 2011; to plement; Rules of the Armed Services Board relating to Israel’s Qualitative Military Edge the Committee on Banking, Housing, and of Contract Appeals’’ (48 CFR Chapter 2) re- over military threats to Israel; to the Com- Urban Affairs. EC–1437. A communication from the Chief ceived during adjournment of the Senate in mittee on Armed Services. Counsel, Federal Emergency Management the Office of the President of the Senate on EC–1429. A communication from the Chief Agency, Department of Homeland Security, April 21, 2011; to the Committee on Armed Counsel, United States Mint, Department of transmitting, pursuant to law, the report of Services. the Treasury, transmitting, pursuant to law, a rule entitled ‘‘Changes in Flood Elevation EC–1420. A communication from the Under the report of a rule entitled ‘‘Assessment of Determinations’’ ((44 CFR Part 65)(Docket Secretary of Defense (Personnel and Readi- Civil Penalties for Misuse of Words, Letters, No. FEMA–2011–0002)) received during ad- ness), transmitting the report of an officer Symbols, and Emblems of the United States journment of the Senate in the Office of the authorized to wear the insignia of the grade Mint’’ (RIN1506–AA58) received during ad- President of the Senate on April 20, 2011; to of major general in accordance with title 10, journment of the Senate in the Office of the the Committee on Banking, Housing, and United States Code, section 777; to the Com- President of the Senate on April 21, 2011; to Urban Affairs. mittee on Armed Services. the Committee on Banking, Housing, and EC–1438. A communication from the Chief EC–1421. A communication from the Under Urban Affairs. Counsel, Federal Emergency Management Secretary of Defense (Personnel and Readi- EC–1430. A communication from the Chief Agency, Department of Homeland Security, ness), transmitting a report on the approved Counsel, United States Mint, Department of transmitting, pursuant to law, the report of retirement of Vice Admiral Anthony L. the Treasury, transmitting, pursuant to law, a rule entitled ‘‘Changes in Flood Elevation Winns, United States Navy, and his advance- the report of a rule entitled ‘‘Prohibition on Determinations’’ ((44 CFR Part 65)(Docket ment to the grade of vice admiral on the re- the Exportation, Melting, or Treatment of 5- No. FEMA–2011–0002)) received during ad- tired list; to the Committee on Armed Serv- Cent and One-Cent Coins’’ (31 CFR Part 82) journment of the Senate in the Office of the ices. received during adjournment of the Senate President of the Senate on April 20, 2011; to EC–1422. A communication from the Sec- in the Office of the President of the Senate the Committee on Banking, Housing, and retary of the Air Force, transmitting, pursu- on April 21, 2011; to the Committee on Bank- Urban Affairs. ant to law, a report relative to the Program ing, Housing, and Urban Affairs. EC–1439. A communication from the Chief Acquisition Unit Cost and the Average Pro- EC–1431. A communication from the Gen- Counsel, Federal Emergency Management curement Unit Cost for the restructured Na- eral Counsel of the National Credit Union Agency, Department of Homeland Security, tional Polar-orbiting Operational Environ- Administration, transmitting, pursuant to transmitting, pursuant to law, the report of mental Satellite System exceeding the Ac- law, the report of a rule entitled ‘‘Corporate a rule entitled ‘‘Final Flood Elevation Deter- quisition Program Baseline values; to the Credit Unions, Technical Corrections’’ minations’’ ((44 CFR Part 67)(Docket No. Committee on Armed Services. (RIN3133–AD58) received during adjournment FEMA–2011–0002)) received during adjourn- EC–1423. A communication from the Sec- of the Senate in the Office of the President ment of the Senate in the Office of the Presi- retary of the Air Force, transmitting, pursu- of the Senate on April 28, 2011; to the Com- dent of the Senate on April 20, 2011; to the

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6600 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 Committee on Banking, Housing, and Urban suant to law, the report of a rule entitled Senate in the Office of the President of the Affairs. ‘‘Wetland Conservation’’ (RIN0578-AA58) re- Senate on April 18, 2011; to the Committee on EC–1440. A communication from the Chief ceived in the Office of the President of the Environment and Public Works. Counsel, Federal Emergency Management Senate on May 2, 2011; to the Committee on EC–1458. A communication from the Direc- Agency, Department of Homeland Security, Environment and Public Works. tor of the Regulatory Management Division, transmitting, pursuant to law, the report of EC–1450. A communication from the Direc- Office of Policy, Environmental Protection a rule entitled ‘‘Changes in Flood Elevation tor of Congressional Affairs, Office of En- Agency, transmitting, pursuant to law, the Determinations’’ ((44 CFR Part 65)(Docket forcement, Nuclear Regulatory Commission, report of a rule entitled ‘‘Oil Pollution Pre- No. FEMA–2011–0002)) received during ad- transmitting, pursuant to law, the report of vention; Spill Prevention, Control, and journment of the Senate in the Office of the a rule entitled ‘‘Interim Enforcement Policy Countermeasure (SPCC) Rule—Amendments President of the Senate on April 28, 2011; to for Minimum Days Off Requirements’’ (SRM- for Milk and Milk Products Containers’’ the Committee on Banking, Housing, and SECY-11-0003 and SRM-SECY-11-0028) re- (FRL No. 9297–37) received during adjourn- Urban Affairs. ceived during adjournment of the Senate in ment of the Senate in the Office of the Presi- EC–1441. A communication from the Assist- the Office of the President of the Senate on dent of the Senate on April 18, 2011; to the ant General Counsel, General Law, Ethics, April 25, 2011; to the Committee on Environ- Committee on Environment and Public and Regulation, Department of the Treasury, ment and Public Works. Works. transmitting, pursuant to law, two (2) re- EC–1451. A communication from the Direc- EC–1459. A communication from the Direc- ports relative to vacancies in the Depart- tor of Congressional Affairs, Nuclear Regu- tor of the Regulatory Management Division, ment of the Treasury, received during ad- latory Commission, transmitting, pursuant Office of Policy, Environmental Protection journment of the Senate in the Office of the to law, the report of a rule entitled ‘‘Clari- Agency, transmitting, pursuant to law, the President of the Senate on April 21, 2011; to fying the Process for Making Emergency report of a rule entitled ‘‘Approval and Pro- the Committee on Banking, Housing, and Plan Changes’’ (NRC Regulatory Issue Sum- mulgation of State Plans for Designated Fa- Urban Affairs. mary 2005–02, Revision 1) received in the Of- cilities and Pollutants: Florida; Jefferson EC–1442. A communication from the Presi- fice of the President of the Senate on May 2, County, Kentucky; Forsyth, Mecklenburg, dent of the United States, transmitting, pur- 2011; to the Committee on Environment and and Buncombe Counties, North Carolina; and suant to law, a report on the continuation of Public Works. South Carolina’’ (FRL No. 9298–9) received the national emergency that was originally EC–1452. A communication from the Direc- during adjournment of the Senate in the Of- declared in Executive Order 13466 of June 26, tor of Congressional Affairs, Nuclear Regu- fice of the President of the Senate on April 2008, and expanded in Executive Order 13551 latory Commission, transmitting, pursuant 19, 2011; to the Committee on Environment of August 20, 2010, with respect to the cur- to law, the report of a rule entitled ‘‘Stand- and Public Works. rent existence and risk of the proliferation of ard Format and Content for Emergency EC–1460. A communication from the Direc- weapons-usable fissile material on the Ko- Plans for Fuel Cycle and Materials Facili- tor of the Regulatory Management Division, rean Peninsula; to the Committee on Bank- ties’’ (Regulatory Guide 3.67, Revision 1) re- Office of Policy, Environmental Protection ing, Housing, and Urban Affairs. ceived in the Office of the President of the Agency, transmitting, pursuant to law, the EC–1443. A communication from the Presi- Senate on May 2, 2011; to the Committee on report of a rule entitled ‘‘Approval and Pro- dent of the United States, transmitting, pur- Environment and Public Works. mulgation of Air Quality Implementation suant to law, a six-month periodic report on EC–1453. A communication from the Direc- Plans; Delaware; Update to Materials Incor- the national emergency with respect to tor of Congressional Affairs, Nuclear Regu- porated by Reference’’ (FRL No. 9298–3) re- Syria that was declared in Executive Order latory Commission, transmitting, pursuant ceived during adjournment of the Senate in 13338 of May 11, 2004; to the Committee on to law, the report of a rule entitled ‘‘Protec- the Office of the President of the Senate on Banking, Housing, and Urban Affairs. tion of Safeguard Information’’ (Regulatory April 26, 2011; to the Committee on Environ- EC–1444. A communication from the Presi- Guide 5.79) received during adjournment of ment and Public Works. dent of the United States, transmitting, pur- the Senate in the Office of the President of EC–1461. A communication from the Direc- suant to law, a report relative to expanding the Senate on April 18, 2011; to the Com- tor of the Regulatory Management Division, the scope of the national emergency with re- mittee on Environment and Public Works. Office of Policy, Environmental Protection spect to Syria that was declared in Execu- EC–1454. A communication from the Direc- Agency, transmitting, pursuant to law, the tive Order 13338 of May 11, 2004; to the Com- tor of Congressional Affairs, Nuclear Regu- report of a rule entitled ‘‘Clarifications to mittee on Banking, Housing, and Urban Af- latory Commission, transmitting, pursuant Indian Tribes’ Clean Air Act Regulatory Re- fairs. to law, the report of a rule entitled ‘‘Infor- quirements; Direct Final Amendments’’ EC–1445. A communication from the Presi- mation Relevant to Ensuring That Occupa- (FRL No. 9300–2) received during adjourn- dent of the United States, transmitting, pur- tional Radiation Exposures at Medical Insti- ment of the Senate in the Office of the Presi- suant to law, a report on the continuation of tutions Will Be As Low As Is Reasonably dent of the Senate on April 26, 2011; to the the national emergency that was originally Achievable’’ (Regulatory Guide 8.18, Revision Committee on Environment and Public declared in Executive Order 13047 of May 20, 2) received in the Office of the President of Works. 1997, with respect to Burma; to the Com- the Senate on May 2, 2011; to the Committee EC–1462. A communication from the Direc- mittee on Banking, Housing, and Urban Af- on Environment and Public Works. tor of the Regulatory Management Division, fairs. EC–1455. A communication from the Ad- Office of Policy, Environmental Protection EC–1446. A communication from the Chair- ministrator of the Environmental Protection Agency, transmitting, pursuant to law, the man and President of the Export-Import Agency, transmitting, pursuant to law, a re- report of a rule entitled ‘‘Approval and Pro- Bank, transmitting, pursuant to law, a report relative to the Great Lakes Ecosystem; mulgation of Air Quality Implementation port relative to transactions involving U.S. to the Committee on Environment and Pub- Plans; Indiana; Removal of Vehicle Inspec- exports to South Africa; to the Committee lic Works. tion and Maintenance Programs for Clark on Banking, Housing, and Urban Affairs. EC–1456. A communication from the Direc- and Floyd Counties’’ (FRL No. 9299–7) re- EC–1447. A communication from the Sec- tor of the Regulatory Management Division, ceived during adjournment of the Senate in retary of the Treasury, transmitting, pursu- Office of Policy, Environmental Protection the Office of the President of the Senate on ant to law, a report on the continuation of Agency, transmitting, pursuant to law, the April 26, 2011; to the Committee on Environ- the national emergency declared in Execu- report of a rule entitled ‘‘Approval and Pro- ment and Public Works. tive Order 13413 with respect to blocking the mulgation of Air Quality Implementation EC–1463. A communication from the Direc- property of persons contributing to the con- Plans; South Carolina; Update to Materials tor of the Regulatory Management Division, flict taking place in the Democratic Repub- Incorporated by Reference’’ (FRL No. 9286–2) Office of Policy, Environmental Protection lic of the Congo; to the Committee on Bank- received during adjournment of the Senate Agency, transmitting, pursuant to law, the ing, Housing, and Urban Affairs. in the Office of the President of the Senate report of a rule entitled ‘‘Prevention of Sig- EC–1448. A communication from the First on April 18, 2011; to the Committee on Envi- nificant Deterioration (PSD) and Nonattain- Vice President, Controller and Chief Ac- ronment and Public Works. ment New Source Review (NSR): Reconsider- counting Officer, Federal Home Loan Bank EC–1457. A communication from the Direc- ation of Inclusion of Fugitive Emissions; In- of Boston, transmitting, pursuant to law, the tor of the Regulatory Management Division, terim Rule; Stay and Revisions’’ (FRL No. Bank’s 2010 Management Report and state- Office of Policy, Environmental Protection 9299–3) received during adjournment of the ment on the system of internal control; to Agency, transmitting, pursuant to law, the Senate in the Office of the President of the the Committee on Banking, Housing, and report of a rule entitled ‘‘Approval and Pro- Senate on April 26, 2011; to the Committee on Urban Affairs. mulgation of Air Quality Implementation Environment and Public Works. EC–1449. A communication from the Direc- Plans; Virginia; Adoption of the Revised EC–1464. A communication from the Direc- tor of the Legislative Affairs Division, Nat- Lead Standards and Related Reference Con- tor of the Regulatory Management Division, ural Resources Conservation Service, De- ditions and Update of Appendices’’ (FRL No. Office of Policy, Environmental Protection partment of Agriculture, transmitting, pur- 9298–1) received during adjournment of the Agency, transmitting, pursuant to law, the

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6601 report of a rule entitled ‘‘Determinations EXECUTIVE REPORTS OF on Federal land in the District of Columbia Concerning Need for Error Correction, Par- COMMITTEE to honor free persons and slaves who fought tial Approval and Partial Disapproval, and for independence, liberty, and justice for all Federal Implementation Plan Regarding The following executive reports of during the American Revolution; to the Texas’s Prevention of Significant Deteriora- nominations were submitted: Committee on Energy and Natural Re- tion Program’’ (FRL No. 9299–9) received dur- By Mrs. MURRAY for the Committee on sources. ing adjournment of the Senate in the Office Veterans’ Affairs. By Mr. GRASSLEY (for himself, Mr. of the President of the Senate on April 26, * Allison A. Hickey, of Virginia, to be CONRAD, Mr. JOHANNS, Ms. KLO- 2011; to the Committee on Environment and Under Secretary for Benefits of the Depart- BUCHAR, Mr. FRANKEN, Mr. JOHNSON Public Works. ment of Veterans Affairs. of South Dakota, Mr. HARKIN, and EC–1465. A communication from the Direc- * Steve L. Muro, of California, to be Under Mr. NELSON of Nebraska): tor of the Regulatory Management Division, Secretary of Veterans Affairs for Memorial S. 884. A bill to amend the Internal Rev- Office of Policy, Environmental Protection Affairs. enue Code of 1986 to provide for a variable Agency, transmitting, pursuant to law, the * Nomination was reported with rec- VEETC rate based on the price of crude oil, report of a rule entitled ‘‘Approval and Pro- ommendation that it be confirmed sub- and for other purposes; to the Committee on Finance. mulgation of Air Quality Implementation ject to the nominee’s commitment to By Mr. BINGAMAN (for himself and Plans; Illinois’’ (FRL No. 9294–7) received respond to requests to appear and tes- Mr. UDALL of New Mexico): during adjournment of the Senate in the Of- tify before any duly constituted com- S. 885. A bill to amend the Transportation fice of the President of the Senate on April mittee of the Senate. Equity Act for the 21st Century to reauthor- 21, 2011; to the Committee on Environment f ize a provision relating to additional con- and Public Works. tract authority for States with Indian res- EC–1466. A communication from the Direc- INTRODUCTION OF BILLS AND ervations; to the Committee on Environment tor of the Regulatory Management Division, JOINT RESOLUTIONS and Public Works. Office of Policy, Environmental Protection By Mr. UDALL of New Mexico: Agency, transmitting, pursuant to law, the The following bills and joint resolu- S. 886. A bill to amend the Interstate report of a rule entitled ‘‘Mandatory Report- tions were introduced, read the first Horseracing Act of 1978 to prohibit the use of ing of Greenhouse Gases: Petroleum and Nat- and second times by unanimous con- performance-enhancing drugs in horseracing, ural Gas Systems’’ (FRL No. 9299–1) received sent, and referred as indicated: and for other purposes; to the Committee on during adjournment of the Senate in the Of- By Mr. HATCH (for himself, Mr. Commerce, Science, and Transportation. fice of the President of the Senate on April COBURN, Mr. MCCONNELL, Mrs. By Mr. NELSON of Florida: 21, 2011; to the Committee on Environment S. 887. A bill to increase the portion of HUTCHISON, Mr. ROBERTS, Mr. RUBIO, and Public Works. community block grants that may be used to Mr. BLUNT, Ms. AYOTTE, Mr. WICKER, provide public services, and for other pur- EC–1467. A communication from the Direc- Mr. ISAKSON, Mr. VITTER, Mr. CHAM- poses; to the Committee on Banking, Hous- tor of the Regulatory Management Division, BLISS, Mr. BARRASSO, Mr. BOOZMAN, ing, and Urban Affairs. Office of Policy, Environmental Protection Mr. BURR, Mr. THUNE, Mr. RISCH, Mr. Agency, transmitting, pursuant to law, the INHOFE, Mr. MORAN, Mr. GRASSLEY, f report of a rule entitled ‘‘Revisions to the Mr. CRAPO, Mr. JOHANNS, Mr. California State Implementation Plan, SUBMISSION OF CONCURRENT AND HOEVEN, Mr. SHELBY, Mr. COATS, Mr. SENATE RESOLUTIONS Northern Sonoma County Air Pollution Con- CORKER, Mr. PAUL, Mr. JOHNSON of trol District (NSCAPCD) and Mendocino Wisconsin, Mr. MCCAIN, Mr. LEE, and The following concurrent resolutions County Air Quality Management District’’ Mr. KYL): and Senate resolutions were read, and (FRL No. 9292–6) received in the Office of the S. 877. A bill to prevent taxpayer-funded referred (or acted upon), as indicated: President of the Senate on May 2, 2011; to the elective abortions by applying the long- By Mr. MENENDEZ (for himself, Mr. Committee on Environment and Public standing policy of the Hyde amendment to DURBIN, Mr. FRANKEN, Mr. KERRY, Works. the new health care law; to the Committee Mr. LAUTENBERG, Mr. MERKLEY, Mr. EC–1468. A communication from the Chief on Finance. SANDERS, Ms. SNOWE, Ms. STABENOW, of the Publications and Regulations Branch, By Mr. NELSON of Nebraska: Mr. WHITEHOUSE, and Mr. LIEBER- Internal Revenue Service, Department of the S. 878. A bill to amend section 520 of the MAN): Housing Act of 1949 to revise the require- Treasury, transmitting, pursuant to law, the S. Res. 162. A resolution expressing the ments for areas to be considered as rural report of a rule entitled ‘‘User Fees Relating sense of the Senate that stable and afford- to Enrolled Agents and Enrolled Retirement areas for purposes of such Act; to the Com- able housing is an essential component of an Plan Agents’’ (RIN1545–BJ65) received during mittee on Banking, Housing, and Urban Af- effective strategy for the prevention, treat- adjournment of the Senate in the Office of fairs. ment, and care of human immunodeficiency the President of the Senate on April 18, 2011; By Mr. KIRK (for himself, Mrs. GILLI- virus, and that the United States should to the Committee on Finance. BRAND, and Mr. CORNYN): make a commitment to providing adequate S. 879. A bill to promote human rights and EC–1469. A communication from the Direc- funding for the development of housing as a democracy in Iran; to the Committee on For- tor, Office of Regulations, Social Security response to the acquired immunodeficiency eign Relations. Administration, transmitting, pursuant to syndrome pandemic; to the Committee on law, the report of a rule entitled ‘‘Elimi- By Mr. NELSON of Florida: Banking, Housing, and Urban Affairs. S. 880. A bill to extend Federal recognition nating the Decision Review Board’’ (RIN0960– By Mr. HARKIN: AG80) received in the Office of the President to the Muscogee Nation of Florida; to the S. Res. 163. A resolution commemorating of the Senate on April 28, 2011; to the Com- Committee on Indian Affairs. the 175th anniversary of the United States mittee on Finance. By Ms. LANDRIEU (for herself, Mr. National Library of Medicine; to the Com- WICKER, and Mr. BLUNT): mittee on Health, Education, Labor, and EC–1470. A communication from the Presi- S. 881. A bill to amend the Consumer Cred- Pensions. dent of the United States, transmitting, pur- it Protection Act to assure meaningful dis- By Mr. LAUTENBERG (for himself, suant to law, a report relative to Afghani- closures of the terms of rental-purchase Ms. MURKOWSKI, Mrs. MURRAY, Mrs. stan and Pakistan (DCN OSS–2011–0611); to agreements, including disclosures of all costs GILLIBRAND, Ms. LANDRIEU, Ms. STA- the Committee on Foreign Relations. to consumers under such agreements, to pro- BENOW, Mrs. FEINSTEIN, Mr. COONS, EC–1471. A communication from the Acting vide substantive rights to consumers under Mr. SANDERS, Mr. BEGICH, Mr. SCHU- Assistant Secretary, Legislative Affairs, De- such agreements, and for other purposes; to MER, Mr. BROWN of Ohio, Mr. WAR- partment of State, transmitting, pursuant to the Committee on Banking, Housing, and NER, Mr. KOHL, Mr. JOHNSON of South law, an Accountability Review Board report Urban Affairs. relative to an incident in Pakistan on Feb- Dakota, and Mr. CARDIN): By Mr. BROWN of Ohio: S. Res. 164. A resolution recognizing the ruary 3, 2010 (DCN OSS 2011–0708); to the S. 882. A bill to prevent misuse, overutili- Committee on Foreign Relations. teachers of the United States for their con- zation, and trafficking of prescription drugs tributions to the development and progress EC–1472. A communication from the Acting by limiting access to such drugs for Medicare of our Nation; considered and agreed to. Assistant Secretary for Legislative Affairs, and Medicaid beneficiaries who have been Department of State, transmitting, pursuant identified as high-risk prescription drug f to law, a report prepared by the Department users; to the Committee on Finance. ADDITIONAL COSPONSORS of State on progress toward a negotiated so- By Mr. LIEBERMAN (for himself and lution of the Cyprus question covering the Mr. GRASSLEY): S. 185 periods December 1, 2010 through January 31, S. 883. A bill to authorize National Mall At the request of Mrs. BOXER, the 2011; to the Committee on Foreign Relations. Liberty Fund D.C. to establish a memorial names of the Senator from Nebraska

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(Mr. JOHANNS) and the Senator from 486, a bill to amend the to exempt those articles from a defini- Washington (Ms. CANTWELL) were Servicemembers Civil Relief Act to en- tion under that Act. added as cosponsors of S. 185, a bill to hance protections for members of the S. 855 provide United States assistance for uniformed services relating to mort- At the request of Ms. STABENOW, the the purpose of eradicating severe forms gages, mortgage foreclosure, and evic- name of the Senator from Maine (Ms. of trafficking in children in eligible tion, and for other purposes. SNOWE) was added as a cosponsor of S. countries through the implementation S. 501 855, a bill to make available such funds of Child Protection Compacts, and for At the request of Mr. THUNE, the as may be necessary to ensure that other purposes. name of the Senator from Idaho (Mr. members of the Armed Forces, includ- S. 211 CRAPO) was added as a cosponsor of S. ing reserve components thereof, con- At the request of Mr. ISAKSON, the 501, a bill to establish pilot projects tinue to receive pay and allowances for name of the Senator from Arizona (Mr. under the Medicare program to provide active service performed when a fund- MCCAIN) was added as a cosponsor of S. incentives for home health agencies to ing gap caused by the failure to enact 211, a bill to provide for a biennial utilize home monitoring and commu- interim or full-year appropriations for budget process and a biennial appro- nications technologies. the Armed Forces occurs, which results priations process and to enhance over- S. 528 in the furlough of non-emergency per- sight and performance of the Federal At the request of Mrs. GILLIBRAND, sonnel and the curtailment of Govern- Government. the name of the Senator from New Jer- ment activities and services. S. 229 sey (Mr. LAUTENBERG) was added as a S. 865 At the request of Mrs. FEINSTEIN, her cosponsor of S. 528, a bill to provide name was added as a cosponsor of S. At the request of Mrs. MURRAY, the driver safety grants to States with names of the Senator from North Caro- 229, a bill to amend the Federal Food, graduated driver licensing laws that lina (Mrs. HAGAN) and the Senator Drug, and Cosmetic Act to require la- meet certain minimum requirements. beling of genetically-engineered fish. from Massachusetts (Mr. KERRY) were S. 581 added as cosponsors of S. 865, a bill to S. 274 At the request of Mr. BURR, the name provide grants to promote financial lit- At the request of Mrs. HAGAN, the of the Senator from Ohio (Mr. BROWN) eracy. name of the Senator from Rhode Island was added as a cosponsor of S. 581, a S. 868 (Mr. WHITEHOUSE) was added as a co- bill to amend the Child Care and Devel- At the request of Mr. HATCH, the sponsor of S. 274, a bill to amend title opment Block Grant Act of 1990 to re- names of the Senator from Idaho (Mr. XVIII of the Social Security Act to ex- quire criminal background checks for RISCH), the Senator from South Dakota pand access to medication therapy child care providers. management services under the Medi- (Mr. THUNE), the Senator from Ala- S. 593 care prescription drug program. bama (Mr. SHELBY), the Senator from At the request of Mr. SCHUMER, the S. 393 Kentucky (Mr. PAUL), the Senator from name of the Senator from Minnesota At the request of Mr. REED, the Wisconsin (Mr. JOHNSON), the Senator (Mr. FRANKEN) was added as a cospon- names of the Senator from New York from Iowa (Mr. GRASSLEY), the Senator sor of S. 593, a bill to amend the Inter- (Mr. SCHUMER) and the Senator from from Utah (Mr. LEE), the Senator from nal Revenue Code of 1986 to modify the Minnesota (Mr. FRANKEN) were added Arizona (Mr. MCCAIN) and the Senator tax rate for excise tax on investment as cosponsors of S. 393, a bill to aid and from Indiana (Mr. COATS) were added as income of private foundations. support pediatric involvement in read- cosponsors of S. 868, a bill to restore ing and education. S. 668 the longstanding partnership between At the request of Mr. CORNYN, the S. 414 the States and the Federal Government names of the Senator from Iowa (Mr. At the request of Mr. DURBIN, the in managing the Medicaid program. GRASSLEY) and the Senator from Flor- name of the Senator from New Hamp- S. RES. 86 ida (Mr. RUBIO) were added as cospon- shire (Mrs. SHAHEEN) was added as a co- At the request of Mrs. FEINSTEIN, the sors of S. 668, a bill to remove sponsor of S. 414, a bill to protect girls name of the Senator from Virginia (Mr. unelected, unaccountable bureaucrats in developing countries through the WEBB) was added as a cosponsor of S. from seniors’ personal health decisions prevention of child marriage, and for Res. 86, a resolution recognizing the by repealing the Independent Payment other purposes. Defense Intelligence Agency on its 50th Advisory Board. S. 418 Anniversary. S. 707 At the request of Mr. HARKIN, the S. RES. 138 names of the Senator from Montana At the request of Mr. DURBIN, the name of the Senator from Washington At the request of Mrs. GILLIBRAND, (Mr. BAUCUS), the Senator from Mon- the name of the Senator from Delaware tana (Mr. TESTER) and the Senator (Mrs. MURRAY) was added as a cosponsor of S. 707, a bill to amend the Ani- (Mr. COONS) was added as a cosponsor from Hawaii (Mr. AKAKA) were added as of S. Res. 138, a resolution calling on cosponsors of S. 418, a bill to award a mal Welfare Act to provide further protection for puppies. the United Nations to rescind the Congressional Gold Medal to the World Goldstone report, and for other pur- S. 718 War II members of the Civil Air Patrol. poses. S. 431 At the request of Mr. ROBERTS, the S. RES. 144 At the request of Mr. PRYOR, the name of the Senator from Oklahoma names of the Senator from Minnesota (Mr. INHOFE) was added as a cosponsor At the request of Mrs. HUTCHISON, the (Mr. FRANKEN), the Senator from South of S. 718, a bill to amend the Federal names of the Senator from Colorado Carolina (Mr. GRAHAM) and the Senator Insecticide, Fungicide, and Rodenticide (Mr. UDALL) and the Senator from from Montana (Mr. TESTER) were added Act to improve the use of certain reg- Idaho (Mr. CRAPO) were added as co- as cosponsors of S. 431, a bill to require istered pesticides. sponsors of S. Res. 144, a resolution the Secretary of the Treasury to mint S. 838 supporting early detection for breast cancer. coins in commemoration of the 225th At the request of Mr. TESTER, the anniversary of the establishment of the name of the Senator from Minnesota S. RES. 151 Nation’s first Federal law enforcement (Ms. KLOBUCHAR) was added as a co- At the request of Ms. KLOBUCHAR, the agency, the United States Marshals sponsor of S. 838, a bill to amend the name of the Senator from Minnesota Service. Toxic Substances Control Act to clar- (Mr. FRANKEN) was added as a cospon- S. 486 ify the jurisdiction of the Environ- sor of S. Res. 151, a resolution con- At the request of Ms. MIKULSKI, her mental Protection Agency with respect gratulating the University of Min- name was added as a cosponsor of S. to certain sporting good articles, and nesota Duluth men’s ice hockey team

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6603 on winning their first National Colle- oil prices are high, a natural incentive S. 885. A bill to amend the Transpor- giate Athletic Association (NCAA) Di- should exist in the market to drive eth- tation Equity Act for the 21st Century vision I Men’s Hockey National Cham- anol use. to reauthorize a provision relating to pionship. It also would extend, through 2016, additional contract authority for AMENDMENT NO. 299 the alternative fuel refueling property States with Indian reservations; to the At the request of Ms. SNOWE, the credit; the cellulosic producers’ tax Committee on Environment and Public names of the Senator from Indiana credit; and the special depreciation al- Works. (Mr. COATS) and the Senator from Wyo- lowance for cellulosic biofuel plant Mr. BINGAMAN. Mr. President, I rise ming (Mr. BARRASSO) were added as co- property. The bill would modify the al- today with my distinguished colleague sponsors of amendment No. 299 in- ternative fuel refueling property credit Senator UDALL of New Mexico to intro- tended to be proposed to S. 493, a bill to to allow the credit for ethanol blends duce the Indian School Bus Route Safe- reauthorize and improve the SBIR and from E20 to E85. The credit would ty Reauthorization Act of 2011. This STTR programs, and for other pur- apply to 100 percent of the cost of the bill continues an important federal poses. property, so long as dual-use pumps are program begun in 1998 that addresses a used partly for alternative fuels. Fi- f unique problem with the roads in and nally, the bill would extend the ethanol around the Nation’s single largest In- STATEMENTS ON INTRODUCED import tariff, through 2016, stepping it dian reservation and the neighboring BILLS AND JOINT RESOLUTIONS down to 20 cents for 2012 and 15 cents counties. Through this program, Nav- By Mr. GRASSLEY (for himself, for 2013 through 2016. ajo children who had been prevented Mr. CONRAD, Mr. JOHANNS, Ms. This legislation is a responsible ap- from getting to school by roads that KLOBUCHAR, Mr. FRANKEN, Mr. proach that will reduce the existing were often impassable are now trav- JOHNSON of South Dakota, Mr. blenders’ credit and put those valuable eling safely to and from their schools. HARKIN, and Mr. NELSON of Ne- resources into investing in alternative Because of the unusual nature of this braska). fuel infrastructure, including alter- situation, I believe it must continue to S. 884. A bill to amend the Internal native fuel pumps. It would responsibly be addressed at the Federal level. Revenue Code of 1986 to provide for a and predictably reduce the existing tax I would like to begin with some sta- variable VEETC rate based on the price incentive, and help get alternative fuel tistics on this unique problem and why of crude oil, and for other purposes; to infrastructure in place so consumers I believe a Federal solution continues the Committee on Finance. can decide which fuel they would pre- to be necessary. The Navajo Nation is Mr. GRASSLEY. Mr. President, I am fer. I know that when American con- by far the nation’s largest Indian Res- pleased today to be joined by a number sumers have the choice, they will ervation, covering 25,000 square miles. of my colleagues in introducing the Do- choose domestic, clean, affordable re- Portions of the Navajo Nation are in mestic Energy Promotion Act of 2011, newable fuel. They will choose fuel three states: Arizona, New Mexico, and an important piece of legislation that I from America’s farmers and ranchers, Utah. No other reservation comes any- believe is a good starting point in how rather than oil sheiks and foreign dic- where close to the size of Navajo. To tax policies for ethanol should evolve. I tators. give you an idea of its size, the state of Some of my colleagues have argued am joined in this effort by Senators West Virginia is about 24,000 square that it is time to end the incentives for CONRAD, JOHANNS, KLOBUCHAR, miles. In fact, 10 states are smaller in biofuels immediately and entirely. Not FRANKEN, TIM JOHNSON, HARKIN and only is this bad energy policy, poor tax size than the Navajo reservation. BEN NELSON. According to the Bureau of Indian policy, and dangerous to our national Over the years, I have supported do- Affairs, about 9,700 miles of public security, it is also intellectually dis- mestic ethanol production as a means roads serve the Navajo nation. Only honest. I believe a discussion con- to improve the environment, reduce about 1/3 of these roads are paved. The cerning our Nation’s energy and tax our dependence on foreign oil, increase policy should be debated in a com- remaining 6,500 miles, 67 percent, are our national security, and bring eco- prehensive manner. Biofuels are not dirt roads. Every day school buses use nomic activity to rural America. Those the only form of energy that receives nearly all of these roads to transport efforts have undoubtedly been an enor- incentives or supportive policies from Navajo children to and from school. mous success. Domestic biofuels now About 6,200 miles of the roads on the the Federal Government. supply more than 13 billion gallons of How about the incentives for wind, Navajo reservation are BIA roads, and homegrown fuel, accounting for nearly oil, natural gas, nuclear, and geo- about 3,300 miles are State and county 10 percent of our Nation’s transpor- thermal? If the Senate intends to con- roads. All public roads within, adjacent tation fuel needs. sider reforms to biofuels incentives, it to, or leading to the reservation, in- In 2010, Congress enacted a one-year should be in the context of a com- cluding BIA, State, and county roads extension of the Volumetric Ethanol prehensive review of all energy tax in- are considered part of the Federal In- Excise Tax Credit, or VEETC, also centives. This bill is meant to serve as dian Reservation Road System. How- known as the blenders’ credit. This 1- a first step in the process. This bill ever, only BIA and tribal roads are eli- year extension has allowed Congress demonstrates a significant reduction in gible for Federal maintenance funding and the domestic biofuels industry to biofuels incentives over the next 5 from BIA. Moreover, the funding for determine the best path forward for years. I challenge my colleagues to road construction from the Federal Federal support for biofuels. The legis- find any other energy source that is Lands Highways Program in SAFETEA lation we are introducing today is a se- contributing as much to our economy is generally applied only to BIA or rious, responsible first step to reducing and energy supply that is willing to tribal roads. Thus, the states and coun- and redirecting Federal tax incentives step up and do that in the current leg- ties are responsible for maintenance for biofuels. islative debate. and improvement of their 2,500 miles of This legislation will reduce VEETC Now is not the time to pull the rug roads that serve the reservation. to a fixed rate of 20 cents in 2012, and out from under the only domestic re- The counties in the three States that 15 cents in 2013. It will then convert to newable energy source that is making include the Navajo reservation are sim- a variable tax incentive for the remain- significant contributions to our energy ply not in a position to maintain all of ing 3 years, based on the price of crude supply. I thank my colleagues for their the roads on the reservation that carry oil. When crude oil is more than $90 a support, and I look forward to a com- children to and from school. Nearly all barrel, there will be no blenders’ credit. prehensive discussion to advance sen- of the land area in these counties is When crude oil is $50 and below, the sible, responsible energy tax policies. under Federal or tribal jurisdiction. blenders’ credit will be 30 cents. The For example, in my State of New rate will vary when the price of crude By Mr. BINGAMAN (for himself Mexico, 3⁄4 of McKinley County is ei- is between $50 and $90 a barrel. When and Mr. UDALL of New Mexico): ther tribal or federal land, including

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6604 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 BLM, Forest Service, and military carry children to school and to Head- affecting interstate commerce and an land. The Indian land area alone com- start programs. I have had an oppor- iconic American animal. I am pleased prises 61 percent of McKinley County. tunity to see firsthand the importance to be working on this in a bipartisan Consequently, the county can draw of this funding when I rode in a school manner with Representative ED WHIT- upon only a very limited tax base as a bus over some of the roads that are FIELD of Kentucky. source of revenue for maintenance pur- maintained using funds from this pro- Although many recognize the horse poses. Of the nearly 600 miles of coun- gram. as an iconic American animal, particu- ty-maintained roads in McKinley The bill we are introducing today larly for the West, there are probably County, 512 miles serve Indian land. provides a simple 6 year reauthoriza- few who know how long horseracing In San Juan County, Utah, the Nav- tion of that program, for fiscal years has been a part of our nation’s history. ajo Nation comprises 40 percent of the 2012 through 2017, with a modest in- My colleagues in Kentucky, Maryland, land area. The county maintains 611 crease in the annual funding to allow and New York can boast of the Sport of miles of roads on the Navajo Nation. Of for inflation and for additional roads to Kings’ long tradition in their States. these, 357 miles are dirt, 164 miles are be maintained in each of the three Yet the first recorded horserace in gravel and only 90 miles are paved. On states. what is now the United States took the reservation, the county has three I believe that continuing this pro- place in New Mexico. In 1541, the Span- high schools, two elementary schools, gram for 6 more years is fully justified ish explorer Coronado challenged one two BIA boarding schools and four pre- because of the vast area of the Navajo of his officers to a match race while schools. reservation, by far the nation’s largest, they were camped near Bernalillo. The situation is similar in neigh- and the unique nature of this need that The Spanish brought not only horses, boring San Juan County, New Mexico, only the Federal Government can deal but also horseracing to what is now the and Apache, Navajo, and Coconino with effectively. United States. Decades before the Pil- Counties, Arizona. In light of the coun- I don’t believe any child wanting to grims arrived at Plymouth Rock, Don ˜ ties’ limited resources, I do believe the get to and from school should have to Juan de Onate crossed into present day New Mexico with Spanish colonists Federal Government is asking the risk or tolerate unsafe roads. Kids who were not just settlers but cabal- States and counties to bear too large a today, particularly in rural and remote leros, or ‘‘horse’’ men. Native Amer- burden for road maintenance in this areas, face enough hurdles to getting a ican petroglyphs record early encoun- unique situation. good education. I ask my colleagues to ters with these new arrivals travelling Families living in and around the join me again this year in assuring on horseback. Horseracing became a reservation are no different from fami- that Navajo schoolchildren at least tradition in the Southwest as it later lies anywhere else; their children are have a chance to get to school safely did in Eastern states. entitled to the same opportunity to get and get an education. I look forward to working with That tradition continues today at to school safely and to get a good edu- racetracks in New Mexico and over 30 Chairman BOXER and Ranking Member cation. However, the many miles of un- other States across the nation. With INHOFE of the Environment and Public paved and deficient roads on the res- the Kentucky Derby this Saturday, Works Committee, and Chairman BAU- ervation are frequently impassable, es- many Americans will turn their atten- CUS and Ranking Member VITTER of the pecially when they are wet, muddy or tion to Churchill Downs for the most Transportation and Infrastructure Sub- snowy. If the school buses don’t get exciting two minutes in sports. Some committee, to incorporate this legisla- through, the kids simply cannot get to of the best of horseracing will be on tion once again into the next com- school. display. Away from the crowds, how- prehensive 6 year reauthorization of These children are literally being left ever, horseracing finds itself facing an surface transportation programs. behind. unattractive reality. Too many of its Mr. President, I ask unanimous con- Because of the vast size of the Navajo equine athletes are overmedicated and sent that text of the bill be printed in reservation, the cost of maintaining doped. The Sport of Kings is no place the RECORD. the county roads used by the school for such a drug problem. There being no objection, the text of buses is more than the counties can American horseracing stands apart the bill was ordered to be printed in bear without Federal assistance. I be- from the rest of the world when it lieve it is essential that the Federal the RECORD, as follows: comes to permissive medication rules Government help these counties deal S. 885 and tolerance of doping. Unlike other with this one-of-a-kind situation. Be it enacted by the Senate and House of Rep- countries that ban race day medica- In response to this unique situation, resentatives of the United States of America in tions, racing jurisdictions here allow Congress assembled, in 1998 Congress began providing direct injecting horses just hours before post SECTION 1. SHORT TITLE. annual funding to the counties that time. There are trainers who violate contain the Navajo reservation to help This Act may be cited as the ‘‘Indian School Bus Route Safety Reauthorization medication rules multiple times, seem- ensure that children on the reservation Act of 2011’’. ingly with impunity. According to a re- can get to and from their public SEC. 2. REAUTHORIZATION OF ADDITIONAL CON- cent Racing Commissioners Inter- schools. In 2005, the program was reau- TRACT AUTHORITY FOR STATES national, RCI, letter, one trainer has thorized in SAFETEA through 2009, WITH INDIAN RESERVATIONS. been sanctioned at least 64 times for and now extended through 2011. Section 1214(d)(5)(A) of the Transportation various rule violations, including medi- Under this program, $1.8 million is Equity Act for the 21st Century (23 U.S.C. 202 cation violations involving the class 2 note; 112 Stat. 206; 119 Stat. 1460) is amended made available each year to be shared painkiller mepivacaine and the class 3 equally among the three states. The by striking ‘‘$1,800,000 for each of fiscal years 2005 through 2009’’ and inserting ‘‘$2,000,000 drug clenbuterol. According to the New funding is provided directly to the for each of fiscal years 2012 through 2017’’. York Times, only two of the top 20 counties in Arizona, New Mexico, and trainers, by racing purses won, have Utah that contain the Navajo reserva- By Mr. UDALL of New Mexico: never been cited for a medication vio- tion. I want to be very clear: these Fed- S. 886. A bill to amend the Interstate lation. This tolerance of doping rep- eral funds can be used only on roads Horseracing Act of 1978 to prohibit the resents a shameful abuse of an iconic that are located within or that lead to use of performance-enhancing drugs in American animal, and it is time to put the reservation, that are on the State horseracing, and for other purposes; to an end to it. or county maintenance system, and the Committee on Commerce, Science, Anyone who goes to the track out- that are used by school buses. and Transportation. side of a Triple Crown or Breeders’ Cup This program has been very success- Mr. UDALL of New Mexico. Mr. race knows that attendance is down ful. For 14 years, the counties have President, I rise today to introduce the across the country. The decline is espe- used the annual funding to help main- Interstate Horseracing Improvement cially stark considering that horse- tain the routes used by school buses to Act. This legislation addresses an issue racing was once the No. 1 spectator

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.001 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6605 sport in the United States. One poll of knowingly provides or races a horse on (7) To protect and further the horseracing sports industry insiders found that performance enhancing drugs faces industry of the United States, it is necessary most think horseracing is in decline or minimum fines and suspensions. The to prohibit the use of performance-enhancing dying. With the loss of fans, comes the winner of each race plus one additional drugs in interstate horseracing. horse must be tested for performance SEC. 3. PROHIBITIONS ON USE OF PERFORM- loss of revenue that ultimately sus- ANCE-ENHANCING DRUGS. enhancing drugs. To ensure quality tains a $40 billion industry and 400,000 (a) IN GENERAL.—The Interstate Horse- jobs nationwide, including 10,000 jobs in testing, the bill requires that test labs racing Act of 1978 (15 U.S.C. 3001 et seq.) is my home State. As current fans leave are accredited to quality standards. amended— the sport, many potential new fans will This legislation envisions that indi- (1) by redesignating section 9 as section 11; probably never come to the track while vidual state racing commissions would and doping is rampant. continue to enforce horseracing rules (2) by inserting after section 8 the fol- Although a horse may need thera- within their jurisdiction, including the lowing: peutic medication from time to time, new anti-doping rules. However, the ‘‘SEC. 9. PROHIBITIONS ON USE OF PERFORM- ANCE-ENHANCING DRUGS. there is no excuse for injecting almost Federal Trade Commission can also en- ‘‘(a) DEFINITIONS.—In this section: force the anti-doping rules if there is all thoroughbreds hours before they ‘‘(1) ACCREDITED THIRD PARTY CONFORMITY race. As RCI Chairman William inadequate enforcement. The new rules ASSESSMENT BODY.—The term ‘accredited Koester rightly noted, that just does would apply only to those races that third party conformity assessment body’ not pass the smell test with the public are already governed by the IHA. means a testing laboratory that has an ac- or anyone else. While medicating sound In addition to the animal welfare creditation— horses on race day is concerning, the issues that doping creates, I know how ‘‘(A) meeting International Organization doping of sore horses is appalling. Sore important drug reform is for those who for Standardization/International Electro- make their living from the sport. Pass- technical Commission standard 17025:2005 en- and lame horses should not be raced. titled ‘General Requirements for the Com- Feeling no pain, an injured horse on ing this legislation will help bring integrity back to racing, benefitting ev- petence of Testing and Calibration Labora- drugs may continue to charge down the tories’ (or any successor standard); track, endangering every horse and eryone involved and, most impor- ‘‘(B) from an accreditation body that is a jockey in the race. Drugs may account tantly, the health and safety of the signatory to the International Laboratory for the fact that the U.S. horse fatality horses at the center of it all. Accreditation Cooperation Mutual Recogni- rate is more than three times higher I urge my colleagues to support the tion Arrangement; and Interstate Horseracing Improvement than in comparable British flat racing. ‘‘(C) that includes testing for performance- Act. enhancing drugs within the scope of the ac- Trainers or anyone else caught doping Mr. President, I ask unanimous con- creditation. racehorses should face stiff penalties, sent that the text of the bill be printed ‘‘(2) PERFORMANCE-ENHANCING DRUG.—The including fines and meaningful suspen- in the RECORD. term ‘performance-enhancing drug’— sions. There being no objection, the text of ‘‘(A) means any substance capable of af- This is a matter of concern to me as the bill was ordered to be printed in fecting the performance of a horse at any a senator from a state where time by acting on the nervous system, car- the RECORD, as follows: quarterhorse and thoroughbred racing diovascular system, respiratory system, di- S. 886 is an important industry. But it should gestive system, urinary system, reproductive Be it enacted by the Senate and House of Rep- be of concern to all my Senate col- system, musculoskeletal system, blood sys- resentatives of the United States of America in tem, immune system (other than licensed leagues since Congress granted a spe- Congress assembled, vaccines against infectious agents), or endo- cial privilege to horseracing that no SECTION 1. SHORT TITLE. crine system of the horse; and other U.S. gambling enterprise enjoys: This Act may be cited as the ‘‘Interstate ‘‘(B) includes the substances listed in the interstate and online wagering. The Horseracing Improvement Act of 2011’’. Alphabetized Listing of Drugs in the Janu- Interstate Horseracing Act of 1978, SEC. 2. FINDINGS. ary 2010 revision of the Association of Racing IHA, allows off-track, or ‘‘simulcast,’’ Congress finds the following: Commissioners International, Inc., publica- wagering across state lines. Internet (1) Congress enacted the Interstate Horse- tion entitled ‘Uniform Classification Guide- racing Act of 1978 (15 U.S.C. 3001 et seq.) to wagering on horseraces subject to the lines for Foreign Substances’. regulate interstate commerce with respect ‘‘(b) PROHIBITION ON ENTERING HORSES IHA was granted a special exemption to parimutuel wagering on horseracing in UNDER THE INFLUENCE OF PERFORMANCE-EN- from the Unlawful Internet Gambling order to protect and further the horseracing HANCING DRUGS IN RACES SUBJECT TO INTER- Enforcement Act of 2006, UIGEA. Given industry of the United States. STATE OFF-TRACK WAGERING.—A person may the benefits of the IHA, the horse rac- (2) The horseracing industry represents ap- not— ing industry should not only protect proximately $40,000,000,000 to the United ‘‘(1) enter a horse in a race that is subject the safety and welfare of its animals States economy annually and generates to an interstate off-track wager if the person and jockeys, but also ensure the integ- nearly 400,000 domestic jobs. knows the horse is under the influence of a (3) The use of performance-enhancing drugs rity of the sport. performance-enhancing drug; or in horseracing adversely affects interstate ‘‘(2) knowingly provide a horse with a per- I reluctantly believe that Congres- commerce, creates unfair competition, de- formance-enhancing drug if the horse, while sional action is needed to address this ceives horse buyers and the wagering public, under the influence of the drug, will partici- critical challenge facing the industry. weakens the breed of the American Thor- pate in a race that is subject to an interstate Unlike other sports, horseracing lacks oughbred, is detrimental to international off-track wager. a governing body that can issue uni- sales of the American Thoroughbred, and ‘‘(c) REGULATIONS OF THE HOST RACING AS- form medication rules and ban per- threatens the safety and welfare of horses SOCIATION BANNING PERFORMANCE-ENHANCING formance enhancing drugs. That is why and jockeys. DRUGS.—A host racing association may not recent calls from the RCI and the Jock- (4) The use of performance-enhancing drugs conduct a horserace that is the subject of an in horseracing is widespread in the United interstate off-track wager unless the host ey Club to phase out race day medica- States, where no uniform regulations exist racing association has a policy in place tion are not enough to save American with respect to the use of, and testing for, that— horseracing. Despite repeated pledges performance-enhancing drugs in interstate ‘‘(1) bans any person from providing a from the racing industry to address horseracing. horse with a performance-enhancing drug if this issue, horseracing’s drug problem (5) The use of performance-enhancing drugs the horse will participate in such a horserace has festered for decades. in horseracing is not permitted in most ju- while under the influence of the drug; The legislation Representative WHIT- risdictions outside the United States. In the ‘‘(2) bans the racing of a horse that is FIELD and I are introducing today internationally competitive sport of horse- under the influence of a performance-en- would amend the Interstate Horse- racing, the United States stands alone in its hancing drug; permissive use of performance-enhancing ‘‘(3) requires, for each horserace that is the racing Act to ban performance-enhanc- drugs. subject of an interstate off-track wager, that ing drugs and require stiff penalties for (6) The use of performance-enhancing drugs an accredited third party conformity assess- doping. Under the Interstate Horse- is illegal in the United States in every sport ment body test for any performance-enhanc- racing Improvement Act, anyone who other than horseracing. ing drug—

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‘‘(A) the first-place horse in the race; and ‘‘(1) IN GENERAL.—The Federal Trade Com- law, policy, or regulation imposes additional ‘‘(B) one additional horse, to be randomly mission may enter into an agreement with a requirements or higher penalties than are selected from the other horses participating host racing commission under which the provided for under this section. in the race; and host racing commission agrees to enforce the ‘‘SEC. 10. PRIVATE RIGHT OF ACTION FOR CER- ‘‘(4) requires the accredited third party provisions of this section with respect to TAIN VIOLATIONS. conformity assessment body performing horseraces that are the subject of interstate ‘‘Notwithstanding sections 6 and 7, in any tests described in paragraph (3) to report any off-track wagers in the host State. case in which a person has reason to believe test results demonstrating that a horse may ‘‘(2) CONDITIONAL AVAILABILITY OF CIVIL that an interest of that person is threatened participate, or may have participated, in a PENALTIES TO HOST RACING COMMISSIONS.—If a or adversely affected by the engagement of horserace that is the subject of an interstate host racing commission agrees to enforce the another person in a practice that violates a off-track wager while under the influence of provisions of this section pursuant to an provision of section 9 or a rule prescribed a performance-enhancing drug— agreement under paragraph (1), any amounts under section 9, the person may bring a civil ‘‘(A) to the Federal Trade Commission; and received by the United States as a result of action in an appropriate district court of the ‘‘(B) if the host racing commission has en- a civil penalty imposed under subsection United States or other court of competent tered into an agreement under subsection (d)(1) with respect to a horserace that oc- jurisdiction— (e), to the host racing commission. curred in the State in which the host racing ‘‘(1) to enjoin the practice; ‘‘(d) PENALTIES.— commission operates shall be available to ‘‘(2) to enforce compliance with the provi- ‘‘(1) CIVIL PENALTIES.— the host racing commission, without further sion or rule; ‘‘(A) IN GENERAL.—A person that provides a appropriation and until expended, to cover ‘‘(3) to enforce the penalties provided for horse with a performance-enhancing drug or the costs incurred by the host racing com- under section 9(d); races a horse in violation of subsection (b) mission in enforcing the provisions of this ‘‘(4) to obtain damages or restitution, in- shall be— section. cluding court costs and reasonable attorney ‘‘(i) for the first such violation— ‘‘(f) ENFORCEMENT BY THE FEDERAL TRADE and expert witness fees; and ‘‘(I) subject to a civil penalty of not less COMMISSION.— ‘‘(5) to obtain such other relief as the court than $5,000; and ‘‘(1) IN GENERAL.—The Federal Trade Com- considers appropriate.’’. ‘‘(II) suspended for a period of not less than mission shall enforce the provisions of this (b) EFFECTIVE DATE.—The amendments 180 days from all activities relating to any section— made by subsection (a) shall take effect on horserace that is the subject of an interstate ‘‘(A) with respect to horseraces that are the date of the enactment of this Act and off-track wager; the subject of interstate off-track wagers apply with respect to horseraces occurring ‘‘(ii) for the second such violation— that occur— on or after that date. ‘‘(I) subject to a civil penalty of not less ‘‘(i) in any State in which the host racing f than $20,000; and commission does not enter into an agree- ‘‘(II) suspended for a period of not less than SUBMITTED RESOLUTIONS ment under subsection (e); and 1 year from all activities relating to any ‘‘(ii) in any State in which the host racing horserace that is the subject of an interstate commission has entered into an agreement off-track wager; and SENATE RESOLUTION 162—EX- under subsection (e) if the Federal Trade ‘‘(iii) for the third or subsequent such vio- Commission determines the host racing com- PRESSING THE SENSE OF THE lation— mission is not adequately enforcing the pro- SENATE THAT STABLE AND AF- ‘‘(I) subject to a civil penalty of not less FORDABLE HOUSING IS AN ES- than $50,000; and visions of this section; and ‘‘(II) permanently banned from all activi- ‘‘(B) with respect to violations of sub- SENTIAL COMPONENT OF AN EF- ties relating to any horserace that is the section (b) by a person, or with respect to a FECTIVE STRATEGY FOR THE subject of an interstate off-track wager. horse, in multiple States. PREVENTION, TREATMENT, AND ‘‘(2) UNFAIR OR DECEPTIVE ACT OR PRACTICE; ‘‘(B) HORSERACING ACTIVITIES.—For pur- CARE OF HUMAN IMMUNO- poses of subparagraph (A), activities relating ACTIONS BY FEDERAL TRADE COMMISSION.—In DEFICIENCY VIRUS, AND THAT to a horserace that is the subject of an inter- cases in which the Federal Trade Commis- sion enforces the provisions of this section THE UNITED STATES SHOULD state off-track wager include being phys- MAKE A COMMITMENT TO PRO- ically present at any race track at which any pursuant to paragraph (1)— such horserace takes place, placing a wager ‘‘(A) a violation of a prohibition described VIDING ADEQUATE FUNDING FOR on any such horserace, and entering a horse in subsection (b) or (c) shall be treated as a THE DEVELOPMENT OF HOUSING in any such horserace. violation of a rule defining an unfair or de- AS A RESPONSE TO THE AC- ‘‘(C) PAYMENT OF CIVIL PENALTIES.—A civil ceptive act or practice described under sec- QUIRED IMMUNODEFICIENCY penalty imposed under this paragraph shall tion 18(a)(1)(B) of the Federal Trade Commis- SYNDROME PANDEMIC sion Act (15 U.S.C. 57a(a)(1)(B)); and be paid to the United States without regard Mr. MENENDEZ (for himself, Mr. to whether the imposition of the penalty re- ‘‘(B) except as provided in paragraph (3), sults from the initiation of a civil action the Federal Trade Commission shall enforce DURBIN, Mr. FRANKEN, Mr. KERRY, Mr. pursuant to section 10. the provisions of this section in the same LAUTENBERG, Mr. MERKLEY, Mr. SAND- ‘‘(2) SUSPENSION OF HORSES.—A horse that manner, by the same means, and with the ERS, Ms. SNOWE, Ms. STABENOW, Mr. is provided with a performance-enhancing same jurisdiction, powers, and duties as WHITEHOUSE, and Mr. LIEBERMAN) sub- drug or is raced in violation of subsection (b) though all applicable terms and provisions of mitted the following resolution; which shall— the Federal Trade Commission Act (15 U.S.C. was referred to the Committee on 41 et seq.) were incorporated into and made ‘‘(A) for the first such violation, be sus- Banking, Housing, and Urban Affairs: pended for a period of not less than 180 days part of this section. from racing in any horserace that is the sub- ‘‘(3) ENFORCEMENT WITH RESPECT TO NON- S. RES. 162 ject of an interstate off-track wager; PROFIT ORGANIZATIONS.—Notwithstanding Whereas adequate and secure housing for ‘‘(B) for the second such violation, be sus- any provision of the Federal Trade Commis- people with human immunodeficiency virus pended for a period of not less than 1 year sion Act (15 U.S.C. 41 et seq.), the Federal or acquired immunodeficiency syndrome (re- from racing in any horserace that is the sub- Trade Commission shall have the authority ferred to in this preamble as ‘‘HIV/AIDS’’) is ject of an interstate off-track wager; and to enforce the provisions of this section pur- a challenge with global dimensions, and ade- ‘‘(C) for the third or subsequent such viola- suant to paragraph (1) with respect to orga- quate housing is one of the greatest unmet tion, be suspended for a period of not less nizations that are described in section needs of people in the United States with than 2 years from racing in any horserace 501(c)(3) of the Internal Revenue Code of 1986 HIV/AIDS; that is the subject of an interstate off-track and that are exempt from taxation under Whereas growing empirical evidence shows wager. section 501(a) of such Code. that socioeconomic status and structural ‘‘(3) VIOLATIONS IN MULTIPLE STATES.—A ‘‘(g) RULEMAKING.—The Federal Trade factors such as access to adequate housing person shall be subject to a penalty described Commission shall prescribe such rules as are key determinants of health; in clause (ii) or (iii) of paragraph (1)(A), and may be necessary to carry out the provisions Whereas the link between poverty, dispari- a horse shall be subject to suspension under of this section in accordance with the provi- ties in the risk of human immunodeficiency subparagraph (B) or (C) of paragraph (2), for sions of section 553 of title 5, United States virus (referred to in this resolution as a second or subsequent violation of sub- Code. ‘‘HIV’’) infection, and health outcomes is section (b) without regard to whether the ‘‘(h) EFFECT ON STATE LAWS.—Nothing in well established, and new research dem- prior violation and the second or subsequent this section preempts a State from adopting onstrates the direct relationship between in- violation occurred in the same State. or enforcing a law, policy, or regulation pro- adequate housing and greater risk of HIV in- ‘‘(e) AGREEMENTS FOR ENFORCEMENT BY hibiting the use of performance-enhancing fection, poor health outcomes, and early HOST RACING COMMISSIONS.— drugs in horseracing to the extent that the death;

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.002 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6607 Whereas rates of HIV infection are 3 to 16 Whereas the National Library of Medicine panded its portfolio to include genetic times higher among people who are homeless plays a central role in developing health sequence data, high-resolution anatom- or have an unstable housing situation, 70 data standards to enable efficient use and ex- ical images, clinical trials information, percent of all people living with HIV/AIDS change of health information in electronic and a wide array of high-quality infor- report an experience of homelessness or health records; housing instability during their lifetime, and Whereas the National Library of Medicine mation for consumers. One wonders the HIV/AIDS death rate is 7 to 9 times high- has conducted and supported training pro- what astonishing developments the er for homeless adults than for the general grams for ground-breaking informatics re- next 175 years might bring. population; search and development for more than 40 Throughout its 175 years, NLM’s Whereas poor living conditions, including years; work has been vital to facilitating and overcrowding and homelessness, undermine Whereas the National Library of Medicine improving the effectiveness of bio- safety, privacy, and efforts to promote self- is a leading source of toxicology, environ- medical research, getting important respect, human dignity, and responsible sex- mental health, and disaster preparedness and health information out to health pro- ual behavior; response information, including innovative Whereas people who are homeless or have use of information technology and mobile fessionals and consumers and con- an unstable housing situation are 2 to 6 devices for first responders; ducting groundbreaking informatics times more likely to use hard drugs, share Whereas the National Library of Medicine research. needles, or exchange sex for money and hous- has developed a wide range of consumer Index Medicus, a groundbreaking ing than similar persons with stable housing, health information resources, which have index of medical journal articles first because the lack of stable housing directly improved the health of citizens of the United published in 1879, evolved into impacts the ability of people living in pov- States and persons around the globe; and MEDLINE, the first marriage of online erty to reduce HIV risk behaviors; Whereas the long and distinguished history search technology and nationwide tele- Whereas, in spite of the evidence indi- of the National Library of Medicine is wor- communications, in 1971. Available free cating that adequate housing has a direct thy of special commemoration by the people positive effect on HIV prevention, treatment, of the United States: Now, therefore, be it of charge since 1997 via the Internet, and health outcomes, the housing resources Resolved, That the Senate— PubMed/MEDLINE is today the most devoted to the national response to HIV/ (1) commemorates the 175th anniversary of frequently consulted medical database AIDS have been inadequate, and housing has the United States National Library of Medi- in the world. been largely ignored in policy discussions at cine; NLM began providing toxicology and the international level; and (2) salutes the National Library of Medi- environmental health data for use in Whereas, in 1990, Congress recognized the cine for a long and distinguished record of emergency response and disaster man- housing needs of people with HIV/AIDS when service to citizens of the United States and agement in the mid–1960s. Today, it it enacted the AIDS Housing Opportunity people around the globe, and for the many Act (42 U.S.C. 12901 et seq.), commonly re- contributions of the National Library of produces information services to help ferred to as the ‘‘Housing Opportunities for Medicine in the area of information innova- health professionals, disaster informa- Persons with AIDS Program’’ or ‘‘HOPWA tion; and tion specialists, and the general public Program’’, as part of the Cranston-Gonzalez (3) calls upon the people of the United cope with emergencies and disasters National Affordable Housing Act (Public States to observe the 175th anniversary of ranging from children swallowing Law 101–625; 104 Stat. 4079), and the HOPWA the United States National Library of Medi- household cleaners to overturned program currently serves approximately cine with appropriate recognition and activi- trucks carrying hazardous materials to 60,000 households: Now, therefore, be it ties. the widespread effects of hurricanes, Resolved, That it is the sense of the Senate Mr. HARKIN. Mr. President, as a earthquakes, wildfires, and oil spills. that— member of the Senate who has been (1) stable and affordable housing is an es- NLM established librarian training sential component of an effective strategy very interested in and involved with programs and the National Network of for human immunodeficiency virus preven- the areas of biomedical research, Libraries of Medicine in the late 1960s, tion, treatment, and care; and health care and the improvement of to provide equal access to the bio- (2) the United States should make a com- the public health, I want to draw the medical literature to persons across mitment to providing adequate funding for attention of the Congress and the Na- the country. Now with nearly 6,000 the development of housing as a response to tion to the 175th anniversary of the Na- members, NLM and this network of the acquired immunodeficiency syndrome tional Library of Medicine, NLM, lo- academic, hospital, and public libraries pandemic. cated at the National Institutes of partner with community-based organi- f Health, NIH. zations to bring high-quality informa- SENATE RESOLUTION 163—COM- NLM has changed the way scientific tion services to health professionals MEMORATING THE 175TH ANNI- and medical information is organized, and the public—regardless of geo- VERSARY OF THE UNITED stored, accessed and disseminated. graphic location, socioeconomic status STATES NATIONAL LIBRARY OF Throughout its distinguished history, or level of access to computers and MEDICINE the Library’s hallmark has been infor- telecommunications. mation innovation, leading to exciting NLM has conducted and supported Mr. HARKIN submitted the following scientific discoveries that ultimately training programs and groundbreaking resolution; which was referred to the improve the public health. informatics research and development Committee on Health, Education, From its modest beginnings as the for more than 40 years. The Library, its Labor, and Pensions: Library of the U.S. Army Surgeon Gen- grantees, and its former trainees con- S. RES. 163 eral in 1836, the National Library of tinue to play essential roles in the de- Whereas since 1836, the National Library of Medicine has grown to become the velopment of electronic health records, Medicine has played a crucial role in infor- world’s largest medical library and the health data standards, and the ex- mation innovation, revolutionizing the way producer of electronic information re- change of health information. scientific and medical information is orga- sources used by millions of people NLM is home to the National Center nized, stored, accessed, and disseminated; Whereas the National Library of Medicine around the globe every day. for Biotechnology Information, NCBI, houses the largest and most distinguished The NLM has been fortunate to be established in 1988 as a national re- collection of health science and medical re- led by Donald A.B. Lindberg, M.D. source for molecular biology informa- search literature in the world and serves as since 1984. Under Dr. Lindberg’s leader- tion. Its work was essential to the a vital resource to researchers, health pro- ship, the Library has dramatically ad- mapping of the human genome. Today, fessionals, and health care consumers; vanced toward its goal of providing ac- NCBI is an indispensable international Whereas the National Library of Medicine cess to biomedical information—any- repository and software tool developer produces and provides free public access to time, anywhere—for scientists, health for genetic sequences and other sci- comprehensive online databases of biologi- cal, genomic, and clinical research data that professionals, and the public. During entific data, and a pioneer and leader are a lynchpin to cutting edge biomedical re- Dr. Lindberg’s tenure, NLM has em- in linking data and published research search and are searched more than braced the Internet as the primary results to promote new scientific dis- 2,000,000,000 times each year; mode of delivering its services and ex- coveries.

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.002 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6608 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 NLM began intensive development of Whereas teachers and other education staff S. 247, to establish the Harriet Tub- Web health information services for have earned and deserve the respect of stu- man National Historical Park in Au- the general public in 1998 with the re- dents and communities for selfless dedica- burn, New York, and the Harriet Tub- lease of MedlinePlus.gov. Now avail- tion to our Nation’s children; man Underground Railroad National Whereas the purpose of ‘‘National Teacher able in English and Spanish, Appreciation Week’’, which is May 2, 2011, Historical Park in Caroline, Dor- MedlinePlus is just one of many NLM through May 6, 2011, is to raise public aware- chester, and Talbot Counties, Mary- consumer health information products ness of the important contributions of teach- land, and for other purposes; also available on mobile devices. An ers and to promote greater respect and un- S. 279, to direct the Secretary of the award-winning free magazine, NIH derstanding for the teaching profession; Interior to carry out a study to deter- MedlinePlus, is edited by NLM staff Whereas the teachers of the United States mine the suitability and feasibility of and is an important vehicle for sharing play an important role in preparing children establishing Camp Hale as a unit of the information from all of the NIH Insti- to be positive and contributing members of National Park System; society; and S. 302, to authorize the Secretary of tutes and Centers, in language that Whereas students, schools, communities, consumers can easily understand. Cop- and a number of organizations are hosting the Interior to issue right-of-way per- ies of the magazine, both an English teacher appreciation events in recognition of mits for a natural gas transmission and Spanish-language version, are dis- ‘‘National Teacher Appreciation Week’’: pipeline in nonwilderness areas within tributed to doctors’ offices, clinics, Now, therefore, be it the boundary of Denali National Park, community health centers and other Resolved, That the Senate— and for other purposes; sites around the Nation. (1) thanks teachers for their service; S. 313, to authorize the Secretary of (2) promotes the profession of teaching; NLM released ClinicalTrials.gov in the Interior to issue permits for a and microhydro project in nonwilderness 2000. It is now the world’s largest (3) encourages students, parents, school ad- source of information about clinical ministrators, and public officials to partici- areas within the boundaries of Denali trials recruiting for patients and pate in teacher appreciation events during National Park and Preserve, to acquire healthy volunteers, and also provides ‘‘National Teacher Appreciation Week’’. land for Denali National Park and Pre- summary results of some trials long f serve from Doyon Tourism, Inc., and before they appear in the published lit- for other purposes; NOTICES OF HEARINGS erature. S. 323, to establish the First State In 2003, the Library teamed with the COMMITTEE ON INDIAN AFFAIRS National Historical Park in the State National Institute on Aging to launch Mr. AKAKA. Mr. President, I would of Delaware, and for other purposes; NIHSeniorHealth. The site features au- like to announce that the Committee S. 403, to amend the Wild and Scenic thoritative, up-to-date information on Indian Affairs will meet on Thurs- Rivers Act to designate segments of from the NIH Institutes and Centers, in day, May 5, 2011, at 2:15 p.m. in room the Molalla River in the State of Or- a format that addresses the cognitive 628 of the Dirksen Senate Office Build- egon, as components of the National changes that come with older adult- ing to conduct an oversight hearing on Wild and Scenic Rivers System, and for hood and allows easy use. ‘‘Stolen Identities: The Impact of Rac- other purposes; Also in 2003, NLM began a program ist Stereotypes on Indigenous People.’’ S. 404, to modify a land grant patent called the Information Rx. Partnering Those wishing additional information issued by the Secretary of the Interior; S. 508, to establish the Chimney Rock with a variety of respected national may contact the Indian Affairs Com- National Monument in the State of physician groups and other organiza- mittee. COMMITTEE ON ENERGY AND NATURAL Colorado; tions, NLM has supplied prescription S. 535, to authorize the Secretary of pads to health providers, so that they RESOURCES Mr. BINGAMAN. Mr. President, I the Interior to lease certain lands can point their patients to the first- would like to announce for the infor- within Fort Pulaski National Monu- rate health information on the mation of the Senate and the public ment, and for other purposes; MedlinePlus site. that a hearing has been scheduled be- S. 564, to designate the Valles In recognition of its many achieve- fore the Subcommittee on National Caldera National Preserve as a unit of ments, today I am introducing the fol- Parks. the National Park System, and for lowing Senate Resolution to com- The hearing will be held on Wednes- other purposes; memorate the 175th anniversary of the day, May 11, 2011, at 2:30 p.m. in room S. 599, to establish a commission to founding of the National Library of SD–366 of the Dirksen Senate Office commemorate the sesquicentennial of Medicine. I offer my congratulations to Building. the American Civil War; NLM and to its current and past lead- The purpose of the hearing is to re- S. 713, to modify the boundary of Pe- ership and staff and thank them for ceive testimony on the following bills: tersburg National Battlefield in the their important public service. S. 114, to authorize the Secretary of Commonwealth of Virginia, and for f the Interior to enter into a cooperative other purposes; SENATE RESOLUTION 164—RECOG- agreement for a park headquarters at S. 765, to modify the boundary of the NIZING THE TEACHERS OF THE San Antonio Missions National Histor- Oregon Caves National Monument, and UNITED STATES FOR THEIR CON- ical Park, to expand the boundary of for other purposes; S. 779, to authorize the acquisition TRIBUTIONS TO THE DEVELOP- the Park, to conduct a study of poten- and protection of nationally significant MENT AND PROGRESS OF OUR tial land acquisitions, and for other battlefields and associated sites of the NATION purposes; S. 127, to establish the Buffalo Bayou Revolutionary War and the War of 1812 Mr. LAUTENBERG (for himself, Ms. National Heritage Area in the State of under the American Battlefield Protec- MURKOWSKI, Mrs. MURRAY, Mrs. GILLI- Texas, and for other purposes; tion Program; BRAND, Ms. LANDRIEU, Ms. STABENOW, S. 140, to designate as wilderness cer- S. 849, to establish the Waco Mam- Mrs. FEINSTEIN, Mr. COONS, Mr. SAND- tain land and inland water within the moth National Monument in the State ERS, Mr. BEGICH, Mr. SCHUMER, Mr. Sleeping Bear Dunes National Lake- of Texas, and for other purposes; and BROWN of Ohio, Mr. WARNER, Mr. KOHL, shore in the State of Michigan, and for S. 858, to authorize the Secretary of Mr. JOHNSON of South Dakota, and Mr. other purposes; the Interior to conduct a special re- CARDIN) submitted the following reso- S. 161, to establish Pinnacles Na- source study to determine the suit- lution; which was considered and tional Park in the State of California ability and feasibility of designating agreed to: as a unit of the National Park System, the Colonel Charles Young Home in S. RES. 164 and for other purposes; Xenia, Ohio as a unit of the National Whereas education is the foundation of the S. 177, to authorize the Secretary of Park System, and for other purposes. current and future strength of the United the Interior to acquire the Gold Hill Because of the limited time available States; Ranch in Coloma, California; for the hearing, witnesses may testify

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.002 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 6609 by invitation only. However, those For further information, please con- The PRESIDING OFFICER. Without wishing to submit written testimony tact Al Stayman or Abigail Campbell. objection, it is so ordered. for the hearing record should send it to f SUBCOMMITTEE ON PERSONNEL the Committee on Energy and Natural Mr. REED. Mr. President, I ask unan- Resources, United States Senate, AUTHORITY FOR COMMITTEES TO MEET imous consent that the Subcommittee Washington, DC 20510–6150, or by email on Personnel of the Committee on to [email protected]. COMMITTEE ON FINANCE Armed Services be authorized to meet For further information, please con- Mr. REED. Mr. President, I ask unan- during the session of the Senate on tact Sara Tucker or Allison Seyferth. imous consent that the Committee on May 4, 2011, at 2 p.m. COMMITTEE ON ENERGY AND NATURAL Finance be authorized to meet during The PRESIDING OFFICER. Without RESOURCES the session of the Senate on May 4, objection, it is so ordered. Mr. BINGAMAN. Mr. President, I 2011, at 10 a.m., in 215 Dirksen Senate SUBCOMMITTEE ON STRATEGIC FORCES would like to announce for the infor- Office Building, to conduct a hearing Mr. REED. Mr. President, I ask unan- mation of the Senate and the public entitled ‘‘Budget Enforcement Mecha- that a hearing has been scheduled be- imous consent that the Subcommittee nisms. on Strategic Forces of the Committee fore the Senate Committee on Energy The PRESIDING OFFICER. Without on Armed Services be authorized to and Natural Resources. The hearing objection, it is so ordered. meet during the session of the Senate will be held on Thursday, May 12, 2011, COMMITTEE ON FOREIGN RELATIONS at 9:30 a.m., in room SD–366 of the on May 4, 2011, at 2:30 p.m. Mr. REED. Mr. President, I ask unan- The PRESIDING OFFICER. Without Dirksen Senate Office Building. imous consent that the Committee on The purpose of the hearing is to re- objection, it is so ordered. Foreign Relations be authorized to ceive testimony on carbon capture and f meet during the session of the Senate sequestration legislation, including S. on May 4, 2011, at 2:45 p.m. PRIVILEGES OF THE FLOOR 699 and S. 757. The PRESIDING OFFICER. Without Because of the limited time available Mrs. HUTCHISON. Mr. President, I objection, it is so ordered. for the hearing, witnesses may testify ask unanimous consent that Jesse by invitation only. However, those COMMITTEE ON HOMELAND SECURITY AND Boettcher be granted floor privileges. wishing to submit written testimony GOVERNMENTAL AFFAIRS He is currently my military fellow. for the hearing record may do so by Mr. REED. Mr. President, I ask unan- The PRESIDING OFFICER. Without sending it to the Committee on Energy imous consent that the Committee on objection, it is so ordered. and Natural Resources, United States Homeland Security and Governmental Mrs. HUTCHISON. Mr. President, as Senate, Washington, D.C. 20510–6150, or Affairs be authorized to meet during Jesse Boettcher is coming to the by e-mail to Abi- the session of the Senate on May 4, floor—and before I speak—I want to [email protected]. 2011, at 10 a.m. to conduct a hearing en- say he has served in the Army Special For further information, please con- titled ‘‘Securing the Border: Progress Operations Command for the past 16 tact Allyson Anderson or Abigail at the Federal level.’’ years. Jesse, a special forces sergeant Campbell. The PRESIDING OFFICER. Without major, has deployed to Iraq and Af- COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. ghanistan numerous times over the RESOURCES COMMITTEE ON THE JUDICIARY past decade, and he has added tremen- Mr. BINGAMAN. Mr. President, I Mr. REED. Mr. President, I ask unan- dously to our office’s military and would like to announce for the infor- imous consent that the Committee on overall productivity. mation of the Senate and the public the Judiciary be authorized to meet Mr. MERKLEY. Mr. President, I ask that a hearing has been scheduled be- during the session of the Senate, on unanimous consent that my intern, fore the Senate Committee on Energy May 4, 2011, at 10 a.m., in room SD–226 Eric Strod, be granted the privilege of and Natural Resources. The hearing of the Dirksen Senate Office Building, the floor through the balance of the will be held on Thursday, June 16, 2011, to conduct a hearing entitled ‘‘Over- day. at 10:30 a.m., in room SD–366 of the sight of the U.S. Department of Jus- The PRESIDING OFFICER. Without Dirksen Senate Office Building. tice.’’ objection, it is so ordered. The purpose of this hearing is to re- The PRESIDING OFFICER. Without Mr. HARKIN. Mr. President, I ask view S. 343, a bill to amend Title I of objection, it is so ordered. unanimous consent that Samantha PL 99–658 regarding the Compact of COMMITTEE ON THE JUDICIARY Wessels, Kelly Mormon, and Carolyn Free Association between the Govern- Mr. REED. Mr. President, I ask unan- Trager of my staff be granted the privi- ment of the United States of America imous consent that the Committee on lege of the floor for the duration of to- and the Government of Palau, to ap- the Judiciary be authorized to meet day’s proceedings. prove the results of the 15-year review during the session of the Senate, on The PRESIDING OFFICER. Without of the Compact, including the Agree- May 4, 2011, at 2:30 p.m., in room SD– objection, it is so ordered. ment Between the Government of the 226 of the Dirksen Senate Office Build- f United States of America and the Gov- ing, to conduct a hearing entitled ernment of the Republic of Palau fol- CONGRATULATING THE UNIVER- ‘‘Nominations.’’ lowing the Compact of Free Associa- SITY OF MINNESOTA DULUTH The PRESIDING OFFICER. Without tion Section 432 Review, to appropriate MEN’S ICE HOCKEY TEAM objection, it is so ordered. funds for the purposes of the amended Mr. MERKLEY. Mr. President, I ask COMMITTEE ON VETERANS’ AFFAIRS PL 99–658 for fiscal years ending on or unanimous consent that the Judiciary before September 30, 2024, and to carry Mr. REED. Mr. President, I ask unan- Committee be discharged from further out the agreements resulting from that imous consent that the Committee on consideration of S. Res. 151 and the review. Veterans’ Affairs be authorized to meet Senate proceed to its immediate con- Because of the limited time available during the session of the Senate, on sideration. for the hearing, witnesses may testify May 4, 2011. The PRESIDING OFFICER. Without by invitation only. However, those The PRESIDING OFFICER. Without objection, it is so ordered. wishing to submit written testimony objection, it is so ordered. The clerk will report the resolution for the hearing record may do so by SELECT COMMITTEE ON INTELLIGENCE by title. sending it to the Committee on Energy Mr. REED. Mr. President, I ask unan- The legislative clerk read as follows: and Natural Resources, United States imous consent that the Select Com- A resolution (S. Res. 151) congratulating Senate, Washington, DC 20510–6150, or mittee on Intelligence be authorized to the University of Minnesota Duluth men’s by e-mail to Abi- meet during the session of the Senate ice hockey team on winning their first Na- [email protected]. on May 4, 2011, at 10 a.m. tional Collegiate Athletic Association

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR11\S04MY1.002 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6610 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 (NCAA) Division I Men’s Hockey National The legislative clerk read as follows: The legislative clerk read as follows: Championship. A resolution (S. Res. 164) recognizing the A bill (H.R. 1213) to repeal mandatory fund- There being no objection, the Senate teachers of the United States for their con- ing provided to States in the Patient Protec- proceeded to consider the resolution. tributions to the development and progress tion and Affordable Care Act to establish Mr. MERKLEY. Mr. President, I ask of our Nation. American Health Benefit Exchanges. unanimous consent that the resolution There being no objection, the Senate Mr. MERKLEY. I ask for its second be agreed to, the preamble be agreed proceeded to consider the resolution. reading and object to my own request. to, the motions to reconsider be laid Mr. MERKLEY. Mr. President, I ask The PRESIDING OFFICER. Objec- upon the table, with no intervening ac- unanimous consent that the resolution tion is heard. tion or debate, and any statements be be agreed to, the preamble be agreed The bill will be read for the second printed in the RECORD. to, the motions to reconsider be laid time on the next legislative day. The PRESIDING OFFICER. Without upon the table, with no intervening ac- f objection, it is so ordered. tion or debate, and any statements be ORDERS FOR THURSDAY, MAY 5, The resolution (S. Res. 151) was printed in the RECORD. agreed to. The PRESIDING OFFICER. Without 2011 The preamble was agreed to. objection, it is so ordered. Mr. MERKLEY. Mr. President, I ask The resolution, with its preamble, The resolution (S. Res. 164) was unanimous consent that when the Sen- reads as follows: agreed to. ate completes its business today, it ad- S. RES. 151 The preamble was agreed to. journ until 10 a.m. on Thursday, May 5; Whereas on Saturday, April 9, 2011, the The resolution, with its preamble, that following the prayer and pledge, University of Minnesota Duluth won the 2011 reads as follows: the Journal of proceedings be approved NCAA Division I Men’s Ice Hockey Cham- S. RES. 164 to date, the morning hour be deemed pionship; Whereas education is the foundation of the expired, the time for the two leaders be Whereas this is the first national cham- current and future strength of the United reserved for their use later in the day, pionship for the University of Minnesota Du- States; luth Bulldogs men’s ice hockey team (the and that following any leader remarks, Whereas teachers and other education staff the Senate proceed to a period of morn- ‘‘University of Minnesota Duluth’’); have earned and deserve the respect of stu- Whereas the University of Minnesota Du- dents and communities for selfless dedica- ing business for debate only until 5 luth won the Frozen Four championship tion to our Nation’s children; p.m., with Senators permitted to speak game with a 3 to 2 sudden death win over the Whereas the purpose of ‘‘National Teacher therein for up to 10 minutes each, with University of Michigan; Appreciation Week’’, which is May 2, 2011, the first hour equally divided and con- Whereas on Thursday, April 7, 2011, the through May 6, 2011, is to raise public aware- trolled between the two leaders or University of Minnesota Duluth defeated the ness of the important contributions of teach- their designees, with the Republicans University of Notre Dame in the Frozen Four ers and to promote greater respect and un- semifinal game with a score of 4 to 3 to ad- controlling the first 30 minutes and the derstanding for the teaching profession; majority controlling the next 30 min- vance to the national championship game; Whereas the teachers of the United States Whereas the game was played before a sell- play an important role in preparing children utes. out crowd of more than 19,200 fans at the to be positive and contributing members of The PRESIDING OFFICER. Without Xcel Energy Center in St. Paul, Minnesota; society; and objection, it is so ordered. Whereas the University of Minnesota Du- Whereas students, schools, communities, f luth finished the 2010–2011 season with the and a number of organizations are hosting most wins since the 2003–2004 season; teacher appreciation events in recognition of PROGRAM Whereas in the 2010–2011 season the Univer- ‘‘National Teacher Appreciation Week’’: Mr. MERKLEY. Mr. President, the sity of Minnesota Duluth had the most fans Now, therefore, be it next rollcall vote is expected on Mon- for a home schedule in 50 Division I seasons, Resolved, That the Senate— averaging more than 6,800 fans; day, May 9, at 5:30 p.m. That vote will (1) thanks teachers for their service; be in relation to a nomination. Whereas the University of Minnesota Du- (2) promotes the profession of teaching; luth never lost more than 1 game in a row, a and f first in program history; and (3) encourages students, parents, school ad- Whereas the University of Minnesota Du- ADJOURNMENT UNTIL 10 A.M. ministrators, and public officials to partici- TOMORROW luth had 6 wins and 1 loss in the postseason, pate in teacher appreciation events during closing with 4 straight wins and beating the ‘‘National Teacher Appreciation Week’’. Mr. MERKLEY. Mr. President, if top 2 teams in the Eastern College Athletic f there is no further business to come be- Conference in the East Regional and the top fore the Senate, I ask unanimous con- 2 teams in the Central Collegiate Hockey As- APPOINTMENT sent that it adjourn under the previous sociation in the Frozen Four: Now, therefore, The PRESIDING OFFICER. The be it order. Resolved, That the Senate— Chair, on behalf of the Vice President, There being no objection, the Senate, (1) recognizes the achievements of the pursuant to 14 U.S.C. 194, as amended at 6:59 p.m., adjourned until Thursday, players, coaches, students, and staff whose by Public Law 101–595, and upon the May 5, 2011, at 10 a.m. hard work and dedication helped the Univer- recommendation of the Chairman of f sity of Minnesota Duluth win the 2011 NCAA the Committee on Commerce, Science Division I Men’s Hockey National Champion- and Transportation, appoints the fol- NOMINATIONS ship; and lowing Senators to the Board of Visi- Executive nominations received by (2) recognizes University of Minnesota Du- luth Chancellor Lendley Black and Athletic tors of the U.S. Coast Guard Academy: the Senate: Director Bob Nielson, who have shown great the Senator from Mississippi (Mr. SECURITIES INVESTOR PROTECTION leadership in bringing athletic success to the WICKER), from the Committee on Com- CORPORATION University of Minnesota Duluth. merce, Science and Transportation and ANTHONY FRANK D’AGOSTINO, OF MARYLAND, TO BE A the Senator from Pennsylvania (Mr. DIRECTOR OF THE SECURITIES INVESTOR PROTECTION f CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2011, TOOMEY), At Large. VICE MARK S. SHELTON, TERM EXPIRED. RECOGNIZING THE TEACHERS OF ANTHONY FRANK D’AGOSTINO, OF MARYLAND, TO BE A THE UNITED STATES f DIRECTOR OF THE SECURITIES INVESTOR PROTECTION CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2014. Mr. MERKLEY. Mr. President, I ask MEASURE READ THE FIRST (REAPPOINTMENT) unanimous consent that the Senate TIME—H.R. 1213 DEPARTMENT OF THE TREASURY proceed to the immediate consider- Mr. MERKLEY. Mr. President, I un- JANICE EBERLY, OF ILLINOIS, TO BE AN ASSISTANT ation of S. Res. 164, which was intro- derstand H.R. 1213 has been received SECRETARY OF THE TREASURY, VICE ALAN B. KRUEGER, RESIGNED. duced earlier today. from the House and is at the desk. The PRESIDING OFFICER. The The PRESIDING OFFICER. The DEPARTMENT OF STATE clerk will report the resolution by clerk will report the bill by title for RYAN C. CROCKER, OF WASHINGTON, PERSONAL RANK OF CAREER AMBASSADOR, TO BE AMBASSADOR EX- title. the first time. TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED

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STATES OF AMERICA TO THE ISLAMIC REPUBLIC OF AF- BRIGADIER GENERAL ROWAYNE A. SCHATZ, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GHANISTAN. BRIGADIER GENERAL JOHN F. THOMPSON IN THE GRADE INDICATED IN THE REGULAR AIR FORCE BRIGADIER GENERAL THOMAS J. TRASK UNDER TITLE 10, U.S.C., SECTION 531(A): THE JUDICIARY BRIGADIER GENERAL JOSEPH S. WARD, JR. To be major CHRISTOPHER DRONEY, OF CONNECTICUT, TO BE BRIGADIER GENERAL JACK WEINSTEIN UNITED STATES CIRCUIT JUDGE FOR THE SECOND CIR- BRIGADIER GENERAL ROBERT E. WHEELER JAMES A. MACE BRIGADIER GENERAL MARTIN WHELAN CUIT, VICE GUIDO CALABRESI, RETIRED. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIGADIER GENERAL STEPHEN W. WILSON DANA L. CHRISTENSEN, OF MONTANA, TO BE UNITED TO THE GRADE INDICATED IN THE UNITED STATES AIR BRIGADIER GENERAL TOD D. WOLTERS STATES DISTRICT JUDGE FOR THE DISTRICT OF MON- FORCE UNDER TITLE 10, U.S.C., SECTION 624: BRIGADIER GENERAL TIMOTHY M. ZADALIS TANA, VICE DONALD W. MOLLOY, RETIRING. To be colonel KATHERINE B. FORREST, OF NEW YORK, TO BE UNITED IN THE ARMY STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT BERNADETTE A. ANDERSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF NEW YORK, VICE JED S. RAKOFF, RETIRED. TERRI L. BAILEY AS THE SURGEON GENERAL, UNITED STATES ARMY, AND JOHN M. GERRARD, OF NEBRASKA, TO BE UNITED MARGARET M. CAREY APPOINTMENT TO THE GRADE INDICATED WHILE AS- STATES DISTRICT JUDGE FOR THE DISTRICT OF NE- LINDA A. CASE BRASKA, VICE RICHARD G. KOPF, RETIRING. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- TIMOTHY L. COOK YVONNE GONZALEZ ROGERS, OF CALIFORNIA, TO BE BILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 3036: KAREN L. COX DEAN UNITED STATES DISTRICT JUDGE FOR THE NORTHERN To be lieutenant general JUDY B. GAVIN DISTRICT OF CALIFORNIA, VICE VAUGHN R. WALKER, RE- CHERYL J. GREENTREE TIRED. MAJ. GEN. PATRICIA D. HOROHO APRIL L. IACOPELLI EDGARDO RAMOS, OF CONNECTICUT, TO BE UNITED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANA J. JAMES STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT IN THE UNITED STATES ARMY TO THE GRADE INDICATED ALLEN J. KIDD OF NEW YORK, VICE STEPHEN C. ROBINSON, RESIGNED. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JENNIFER A. KIMMET ROBERT N. SCOLA, JR., OF FLORIDA, TO BE UNITED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MICHELLE D. LAVEY STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT JERRY B. LAWSON OF FLORIDA, VICE PAUL C. HUCK, RETIRED. To be general LORI D. LEE ANNE T. MAGPURI DEPARTMENT OF JUSTICE GEN. JAMES D. THURMAN JODY L. OCKER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DENNIS J. ERBY, OF MISSISSIPPI, TO BE UNITED CHRISTOPHER H. PAYNE IN THE RESERVE OF THE ARMY TO THE GRADE INDI- STATES MARSHAL FOR THE NORTHERN DISTRICT OF CHRISTINE L. PIERCE CATED UNDER TITLE 10, U.S.C., SECTION 12203: MISSISSIPPI FOR THE TERM OF FOUR YEARS, VICE DAVID J. ROLL LARRY WADE WAGSTER, RESIGNED. To be brigadier general JEANNINE M. RYDER EDWARD M. SPOONER, OF FLORIDA, TO BE UNITED CAROLINE M. SAMUOLIS STATES MARSHAL FOR THE NORTHERN DISTRICT OF COL. MARK W. PALZER KATHRYN FORREST TATE FLORIDA FOR THE TERM OF FOUR YEARS, VICE DENNIS THE FOLLOWING ARMY NATIONAL GUARD OF THE DWAYNE B. WILHITE ARTHUR WILLIAMSON, TERM EXPIRED. UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE SERVE OF THE ARMY TO THE GRADE INDICATED UNDER UNITED STATES OFFICERS FOR APPOINTMENT TO THE ELECTION ASSISTANCE COMMISSION TITLE 10, U.S.C., SECTIONS 12203 AND 12211: GRADE INDICATED IN THE RESERVE OF THE AIR FORCE THOMAS HICKS, OF VIRGINIA, TO BE A MEMBER OF THE To be major general UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: ELECTION ASSISTANCE COMMISSION FOR A TERM EXPIR- To be colonel ING DECEMBER 12, 2013, VICE GRACIA M. HILLMAN, TERM BRIG. GEN. GERALD E. LANG EXPIRED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFERY D. AEBISCHER GERALD S. ALONGE IN THE AIR FORCE IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: KREG M. ANDERSON MICHAEL W. BANK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MARK EDWIN BEST DARLOW G. BOTHA, JR. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COL. CHARLES R. BAILEY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CHARLES R. BOWES THE FOLLOWING ARMY NATIONAL GUARD OF THE 601: JEFFREY CRAIG BOZARD UNITED STATES OFFICERS FOR APPOINTMENT IN THE SHAWN N. BRATTON To be lieutenant general RESERVE OF THE ARMY TO THE GRADES INDICATED DONALD B. BREWER UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WILLIAM J. BUTZ MAJ. GEN. JAN-MARC JOUAS To be major general WILLIAM A. CHRISTMAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GERALD K. COLMER, JR. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- BRIG. GEN. OMER C. TOOLEY, JR. TIMOTHY D. CROUCH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE FREDERICK PUTNAM DAVIES AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION To be brigadier general RONALD D. DEAL 601: COL. BRIAN R. CARPENTER JOEL EVAN DEGROOT VIRGINIA I. DOONAN To be lieutenant general IN THE MARINE CORPS ANTHONY W. DUBOSE MAJ. GEN. BROOKS L. BASH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN J. DYKSTRA MAUREEN ANN EVANS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE OF LIEUTENANT GENERAL IN THE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ARTHUR J. FLORU IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TIMOTHY HENRY GAASCH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DAVID T. GARNER AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION PETER S. GARNER 601: To be lieutenant general NICHOLAS A. GENTILE, JR. To be lieutenant general REBECCA S. GERVASI LT. GEN. JOHN R. ALLEN ROBERT S. GRANT MAJ. GEN. STEPHEN L. HOOG THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KIMBERLY K. L. GREENE THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TO THE GRADE OF LIEUTENANT GENERAL IN THE ROBERT J. GREY, JR. STATES OFFICER FOR APPOINTMENT IN THE RESERVE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ROBERT A. HAMM OF THE AIR FORCE TO THE GRADE INDICATED UNDER POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER MARK D. HEINIGER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: TITLE 10, U.S.C., SECTION 601: RANDALL LEE INMAN To be lieutenant general DANIEL ERIC JARAMILLO To be brigadier general ERIC JONES MAJ. GEN. RICHARD P. MILLS JAMES V. JONES COL. DAVID E. DEPUTY GARY WAYNE KIRK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED WILLIAM A. KRUEGER TO THE GRADE OF LIEUTENANT GENERAL IN THE STATES OFFICERS FOR APPOINTMENT IN THE RESERVE BURL NORMAN LAMBERT UNITED STATES MARINE CORPS WHILE ASSIGNED TO A OF THE AIR FORCE TO THE GRADE INDICATED UNDER GREGOR J. LEIST POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12212: KURT L. LESLIE TITLE 10, U.S.C., SECTION 601: RUSSELL MARK LIMKE To be major general To be lieutenant general KEVIN C. LITTLEMORE SCOTT M. LOCKWOOD BRIG. GEN. JAMES D. DEMERITT LT. GEN. GEORGE J. FLYNN BRIG. GEN. JOSEPH K. MARTIN, JR. PAUL N. LOISELLE IN THE NAVY ROBERT J. MACKE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY WARREN MAGRAM IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KAREN E. MANSFIELD CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES NAVY TO THE GRADE INDICATED HAROLD G. MASHBURN To be major general WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND GREGORY S. MCCREARY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KEN R. MCDANIEL BRIGADIER GENERAL MARK A. ATKINSON To be vice admiral JEFFREY K. MENGES BRIGADIER GENERAL WILLIAM J. BENDER RITA ANNETTE MILLER BRIGADIER GENERAL BRIAN T. BISHOP REAR ADM. KENDALL L. CARD DAVID H. MOLINARO BRIGADIER GENERAL CHRISTOPHER C. BOGDAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICIA M. MOOK BRIGADIER GENERAL MICHAEL J. CAREY IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOSEPH F. MORRISSEY, JR. BRIGADIER GENERAL JOHN B. COOPER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BILLY M. NABORS BRIGADIER GENERAL SAMUEL D. COX RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: GLEN M. NAKAMURA BRIGADIER GENERAL BARBARA J. FAULKENBERRY JAMES DENNIS NEAL BRIGADIER GENERAL RUSSELL J. HANDY To be vice admiral MICHAEL J. NORTON BRIGADIER GENERAL MICHAEL A. KELTZ CHARLES THOMAS OSUM BRIGADIER GENERAL STEVEN L. KWAST VICE ADM. ROBERT S. HARWARD, JR. JOAN E. PETERSON BRIGADIER GENERAL FREDERICK H. MARTIN IN THE AIR FORCE CRAIG RAY PIERCE BRIGADIER GENERAL THOMAS J. MASIELLO MARK BRYON PRIVOTT BRIGADIER GENERAL EARL D. MATTHEWS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PETER V. RABINOWITCH BRIGADIER GENERAL ROBERT P. OTTO IN THE GRADE INDICATED IN THE REGULAR AIR FORCE SHIRLEY S. RAGUINDIN BRIGADIER GENERAL JOHN W. RAYMOND UNDER TITLE 10, U.S.C., SECTION 531(A): JOHN J. REED BRIGADIER GENERAL DARRYL L. ROBERSON To be colonel JEFFRY ALLYN RICE BRIGADIER GENERAL ANTHONY J. ROCK EDITH E. RIVERAMORILLO BRIGADIER GENERAL JAY G. SANTEE JEFFREY A. BAILEY TRACY E. RUGER

VerDate Mar 15 2010 12:18 May 20, 2014 Jkt 099102 PO 00000 Frm 00060 Fmt 0686 Sfmt 9801 E:\BR11\S04MY1.002 S04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6612 CONGRESSIONAL RECORD—SENATE, Vol. 157, Pt. 5 May 4, 2011 MARK J. SCHULER ERIC P. BAILEY To be major CHARLES ANTHONY SHURLOW DANA G. BAKER WHITNEY A. SIEBEN ALIDAN A. BANGURA MICHAEL P. HARRY PAUL R. SILVESTRI HEIDI M. BAYORO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS PATRICK SOSTARICS HOLLI A. BELLUSCI TO THE GRADE INDICATED IN THE UNITED STATES ARMY JAMES EDWARD STAUBER JANET L. BLANCHARD UNDER TITLE 10, U.S.C., SECTION 624: DANIEL J. SWAIN JOSEPH H. BOWLEY, JR. JOHN M. THOMPSON MELONIE M. BRESCIA To be major TOMMY F. TILLMAN, JR. GRETA S. BREWSTER JOSEPH L. AARON, JR. LISA L. TRAYNOR CATHERINE BURNETT RALPH P. AARON, JR. WILLIAM MARK VALENTINE CINDY L. CALLISTO ELI S. ADAMS JACK M. WALL STACY N. CARR JERROD C. ADAMS ROY V. WALTON MYUNGHEE P. CHOI JASON N. ADLER ROBERT V. WARE JOHN E. CLECKNER II OKECHUKWU AKALAONU NICKITA R. COUNCIL ROBERT JOSEPH WETZEL CAMERON L. ALBERT MARY L. CRESWELL KURT V. WOYAK MATT M. ALDRICH AMY EVANGELINE CROW THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID I. ALEXANDER ALEJANDRO DAVILA TO THE GRADE INDICATED IN THE UNITED STATES AIR ERIC B. ALEXANDER DANIELLE J. DEUTSCHENDORF FORCE UNDER TITLE 10, U.S.C., SECTION 624: SAMUEL L. ALEXANDER RONDA L. DIMAGGIO ALFRED A. ALLARD REAH C. DOWNS To be lieutenant colonel DAVID L. ALLEN SAMANTHA L. DREW SAMUEL R. ALLEN LAUREN F. AASE MICHELLE RENEE FAELBER MICHELLE D. AASTROM STEPHEN R. ALLEY, JR. JULIE FLORENTIN JESSE P. ANDERSON LEE ANN ALEXANDER TOD W. FRAZER II DAVID E. AMATO MARVIN ANDERSON STACY G. FRIESEN BRETT E. ANDRINGA CARMEN ARGUELLES JENNIFER L. GAYLE JOHN F. BAER UZOMA U. ANINIBA GAYLE M. GILLISPIE MICHAEL P. ANTECKI, JR. KAREN L. BURKE BROOKS B. GOETTLE BARBARA A. CAIN DANIEL A. ANTOLOS ELEANOR M. GONZALEZ DANIEL L. ARCHER MEGELA E. CAMPBELL FRANCES A. GONZALEZ SHELLEY A. CAMPBELL JOSE A. ARIAS JAMES HANUS LEVAR M. ARMSTRONG RUSSELL D. CARTER DALE E. HARRELL RANDY O. CLAXTON NEIL G. ARMSTRONG MALISHA D. HARRIS BEAU J. ASHLEY JEFFREY M. DAXE CLINTON J. HARTMAN ANDREW P. ASWELL KEITH A. DEARDORFF CURTIS J. HOOPES RYAN S. ATKINS JULIET T. DEGUZMAN BRENDA A. HOWELL JENNIFER L. ATKINSON BEATRICE T. DOLIHITE LINDA K. HUGO PETER M. ATKINSON KAREY M. DUFOUR MARLISCHA F. JACKSON JOHN D. ATWELL NANCY A. EASTMAN JACQUELINE JOHNSON ROYAL C. ATWOOD DONNA M. EGGERT YVENA JOSEPH JARED D. AUCHEY RUSSEL L. FRANTZ, JR. MARY C. KELLEY BRANT A. AUGE LAURIE L. FRAZIER JOSEPH G. KELLY SCOTTY M. AUTIN TRICIA ROCHELLE GARCIA HUI C. KIM MICHAEL B. AVENICK JON B. GENO ANGELA M. LACEK CESAR A. BACARES ERWIN N. GINES TAMI A. LACO RUSSELL J. BAGLEY TINA M. GOLDEN COREY C. LALONDE MATTHEW P. BAIDEME LORRAINE S. GRAVLEY JOHN P. LAWSON JASON K. BAKER MARY R. GRAY GARY V. LEAVITT JOHN M. BAKER CAROLYN D. GREEN PAMELA E. LICORISH MILES A. BAKER SHAWNA M. GREINER JOSHUA J. LINDQUIST ROYCE D. BAKER WILLIAM J. GRESS CHRISTY L. LIVERY PETER C. BAKKE LINDA A. HAGEMANN ANGELA D. MANNING BERNARD A. BALSIS MICHELLE M. HARMON SEAN M. MARTS EDWARD B. BANKSTON KENNY L. HARRYMAN HAROLD L. MCCANTS, JR. KENTON R. BARBER LORIROSE HINDMAN KATHLEEN A. MCKINNEY BRETT N. BARDO ANITA A. HOYUELA JOHN C. MCLENNAN CHARLES V. BARRETT BRIAN S. HUBBARD ARETHA BONIT MITCHELLMURRAY BRIAN M. BASSETT JAMES M. HURST KEVIN D. MONAGHAN KENNETH W. BATH GACQUETTE R. JENNINGS DANIEL D. MOORE, JR. CORNELIUS A. BATTS DEBORAH K. JONES VANESSA MORA ANTOINETTE C. BAUCOM JENNIFER A. KORKOSZ DEANNA M. MORRELL JOSHUA A. BAUER CHRISTINE A. KRESS SAUDAH MUHAMMAD WILLIAM M. BAYNES PAUL J. LANGEVIN EARNEST C. MULLEN, JR. JAMIE D. BAZDARIC CARLA M. LEESEBERG MARK A. NAUMAN ROBERT K. BEALE LIONEL M. LYDE CHRISTOPHER T. NELSON JOHN T. BECHTOLD MARIA E. MELENDEZ GERARDO F. NERI ERHAN BEDESTANI GINGER S. MILLER VIVIAN A. NEWPORT JASON M. BELKNAP MELISSA L. MOUCHETTE VANESSA R. NORTH JOSEPH C. BELL KELLY C. NADER COREY M. NORTON RICHARD R. BELL ANN R. NEAL BRITTANY S. NUTT BRET M. BEMIS GERALDINE G. NELSON NELSON PACHECO CARL E. BENANDER BRIAN T. OCONNOR BARBARA E. PARKES JAMES T. BENNETT JOANN V. PALMER HERNANDEZ D. PEREZ CHRISTOPHER E. BERGE BRIAN S. PARKER MEFTER M. PERKINS BARBARA A. BERNINGER TORI E. PEARCE PAUL L. PFENNIG JOHN C. BERTHOLF JEANETTE L. PETREQUIN ROBERT L. RAULSTON JOSHUA M. BETTY NICHOLAS R. PETRONE MARLENE C. REESE TIMOTHY N. BIBLE CAROLYN BECKER PIGNATARO KATHLEEN R. RODRIGUEZ CRAIG C. BIGHOUSE TAMMY D. POKORNEY DARLENE J. SANCHEZ NICHOLAS J. BILOTTA ELENA R. SCHLENKER KRISTINE B. SCHWARTZKOPF BENJAMIN T. BIVER MAGGIE H. SCHUMACHER CHRISTOPHER K. SHAMBLIN DOMINIC D. BLACK ANTOINETTE M. SHINN JULIE A. SHEPHERD JEFF A. BLACKARD WARD J. SIERT RYAN R. SMITHERS DUSTIN A. BLAIR ROBERT M. SOUTHER YVONNE L. STOREY JARROD R. BLAISDELL HEIDI M. STEWART SARAH E. STRANSKE PAUL H. BLANTON PATRICK W. STILLEY LAWRENCE E. SULLIVAN HECTOR A. BLONDET PATRICIA A. B. TATE NATASHA T. SUTTON JAISON BLOOM LARRY A. TODD GLEN W. TACEY WILSON C. BLYTHE, JR. JENNIFER L. TRINKLE BRADLEY A. TERRILL ADAM R. BOCK KIMBERLY A. VOLLMER JOSEPH D. THOMAS MICHAEL H. BOGGS, JR. SHEELAH Z. WALKER EDWARD L. TICE NICHOLAS P. BOISVERT RICHARD E. WALLEN WESTINA E. TOLBERT GEORGE E. BOLTON, JR. JENNIFER M. WALTERS SAMANTHA TREADWELL JOHN A. BOND MICHAEL D. WASCHER CARLOS VILLANUEVA BRYAN J. BONNEMA JOHN J. WEATHERWAX BOSTELLA J. WALKER KRISTINA E. BOWENS SHERI A. WEBB BRET A. WATERS VANESSA R. BOWMAN MARLIN G. WEICHEL JAMES A. WEST JAMES S. BOYETTE CYNTHIA J. WEIDMAN SHAUN S. WESTPHAL SAMUEL J. BRADFORD IV HAZEL E. WRIGHT WENDY H. WILKINS JOHN B. BRADLEY DEBRA S. ZINSMEYER SEAN O. WILKINSON ADAM R. BRADY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KATHY M. WILLIAMS JAMES A. BRANCH TO THE GRADE INDICATED IN THE UNITED STATES AIR LEAH M. WILLIAMS JOSHUA P. BRANDON FORCE UNDER TITLE 10, U.S.C., SECTION 624: RUSSELL M. WOLBERS JAMES E. BRANT To be major MICHELLE E. WYCHE CHRISTOPHER E. BRAWLEY MICHAEL J. ZENK JEFFREY O. BREWSTER LA RITA S. ABEL IN THE ARMY DEXTER E. BRICKEN SARAH E. ABEL FRANCIS G. BRINK DEBBORAH L. ADAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN L. BROWN LAKISHA N. ALBERTIE IN THE GRADE INDICATED IN THE UNITED STATES ARMY BROOKE L. BROWN ARTHUR B. ASCANO JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, CHARLES J. BROWN JESSICA N. ASTORGA U.S.C., SECTIONS 531 AND 3064: JORDAN A. BROWN

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JOSHUA W. BROWN JOHN R. DAVIS, JR. DARREN C. GLENN KEELEY B. BROWN KENNETH V. DAVIS JOSHUA G. GLONEK LARRY G. BROWN, JR. LARINZOL A. DAVIS MATHEW L. GOLSTEYN MARGIE A. BROWN RODERICK D. DAVIS SALLY K. GONZALES MARK E. BROWN RYAN M. DAVIS JONNY GONZALEZ RONALD S. BROWN PATRICK M. DEFOREST MANUEL GONZALEZ TERRY L. BROWN DOMINIC P. DEFRANCISCO MICHAEL P. GOODWIN TOBIN A. BROWN OTTO A. DEMARINO ROBERT N. GORDON WILLIAM E. BROWN RICHARD S. DEMPSEY MICHAEL H. GOURGUES CHEREE M. BROWNE CHRISTOPHER R. DERUYTER PAUL J. GOYNE ANTHONY H. BRUNNER ALFONSO G. DEVEYRA III KIRSTEN S. GRAF MICHAEL E. BRYANT DUSTIN R. DEW CORNELIUS O. GRANAI IV MICHAEL T. BRYANT ROBERT M. DEXTER AARON J. GRANT DON E. BURCH, JR. BRIAN T. DIEFFENBACH JOEL M. GRAVES CRISPIN J. BURKE ALICIA DIETZ JESSE R. GREAVES DANIEL J. BURKHART JOSEPH A. DODD MAURICE GREEN JENNIFER R. BUTLER GERARDO F. DOMINGUEZ RICHARD W. GREENWOOD BRIDGET E. BYRNES RYAN M. DONALD DANIEL A. GREGORY JED J. CAFFEE WILSON L. DOSSANTOS JOHN A. GROEFSEMA PHILLIP B. CAIN BRIAN J. DOWD MARK J. GUELICH EBONY CALHOUN JOHN T. DRISCOLL JAY G. GUERRERO DAMION M. CALVERT ADAM M. DRYBREAD ERIC J. GUST JOSHUA P. CAMARA STEPHEN M. DUGAN JOSEPH M. GUZOWSKI DEREK W. CAMPBELL PATRICK K. DULING SUZANNE K. GYSLER JOHN W. CAMPBELL BENJAMIN R. DUNCAN KEVIN L. HADLEY TRICIA C. CAMPBELL RODERICK S. DUPLIN ERIN D. HADLOCK SALVATORE E. CANDELA DAVID M. DURANTE FREDERIC D. HAEUSSLER JAMES N. CANDELORA JESSICA L. DURBIN FRED H. HAIR JASON E. CANNON ADAM G. DUVALL MICHAEL C. HAITH MICHAEL J. CANTY VIRGIL G. DWYER, JR. TRENTON F. HALL WILLIAM D. CAPPS ANTHONY M. EAGLE MICHAEL A. HALTERMAN MATTHEW C. CAPRARI JAMES K. EARLS III ALLISON C. HAMBRECHT THOMAS R. CARL III KEVIN M. EASTER GINGER G. HAMMERQUIST MATTHEW C. CARLSEN RICHARD E. EATON JOHN J. HAMRIC CHRISTOPHER L. CARPENTER NESTOR J. ECHEVERRIA WILLIAM F. HANNA JAMES L. CARPENTER SHARON M. EDENS RYAN P. HANRAHAN MELVIN L. CARR SPENCER G. EDWARDS ANTHONY R. HANSON ALLAN B. CARROLL RYAN L. EISENHAUER CORRIE A. HANSON MATTHEW R. CARRUTHERS MYCHAJLO I. ELIASZEWSKYJ JASON R. HANUS JOHN B. CARTER JEREMIAH R. ELLIS BRIAN C. HARBER JOHN R. CARVER SCOTT L. ENGEL KARL M. HARNESS PETER L. CASTERLINE SHARON ENGELMEIER LETETIA M. HARRIS JUAN C. CASTRO RICHARD J. ENGLISH ERIC S. HARRISON PATRICK W. CAUKIN BRIAN C. ENGLUND RYAN J. HARTWIG RUDY C. CAVAZOSCAVASIER DONALD B. ERICKSON SCOT T. HASSKEW STEVEN L. CHADWICK MICHAEL E. ERLANDSON CHRISTOPHER D. HAUN WALTER S. CHALKLEY MARC B. ESTEPA BRADLEY C. HAYES MATTHEW J. CHAMBLESS JAMES A. ESTES BRIAN S. HAYES DAVID A. CHARBONNEAU CARL O. EVANS EMORY J. HAYES MATTHEW B. CHASE JOHN W. EVANS LEWIS L. HAYNES IV WILLIAM B. CHASTAIN JONATHAN P. EWING MICHAEL J. HEALY, JR. ALEXANDER B. CHAVEZ ROBERT L. EYMAN JOSEPH D. HEATON TIMOTHY C. CHAVIS BERNARD V. FAIRCLOTH III RYAN C. HEDBERG RICHARD T. CHILDERS MORRIE J. FANTO WAYNE C. HEINOLD BRADY R. CLARK JEFFREY R. FARMER ALAILIMA R. HENDERSON JAMES D. CLAY RANDEE L. FARRELL ISSAC L. HENDERSON MARK J. CLEARY TIMOTHY A. FAULKNER PAUL F. HENDERSON, JR. ROSANNA M. CLEMENTE JON B. FAUSNAUGH JEFFREY A. HENDRIX CHRISTOPHER L. CLYDE JASON H. FEES ADAM D. HEPPE RUSSELL T. CODY CLAUDIUS S. FELIX GEORGE J. HERNANDEZ LEOTIS COKER, JR. KENNETH A. FERGUSON JUAN A. HERRERA RICHARD G. COLEMAN, JR. STEPHEN J. FERRARO TODD R. HERTLING JESSIE R. COLLINS SCOTT M. FERRIS JAMES B. HETTLE TIFFANY M. COLLINS CALVIN L. FIELDS TIMOTHY V. HEWETT NATHAN M. COLVIN RICHARD G. FIFIELD TERRENCE I. HIGGINS THOMAS P. COMPITELLO CHRISTOPHER J. FINNIGAN EDDIE R. HILL, JR. BRADLEY T. COMRIE BRIAN D. FISHER GRANT H. HILL JEREMY L. CONLEY JANE M. FISHER MELISA N. HILLABRANDT JOHN J. CONSIDINE MICHAEL E. FITZGERALD IV IDAMARIA L. HILLKJONAAS CHRISTIAN G. COOK ARECIA B. FLENAUGH ALEXANDRA L. HOBBS DENNIS A. COOK REIES M. FLORES JIM R. HODSON JAMES D. COOPER SYLVIA D. FLORES KARL E. HOEMPLER II NICHOLAS E. COPARE CARLOS D. FLYNN MATTHEW J. HOFMEISTER MICHAEL D. CORLEY PATRICK I. FLYNN AMABILIA G. HOGG ROBERT L. CORNELIUS, JR. ALEXANDER S. FORD WILLIAM L. HOLBROOK ADRIAN CORONAMAGANA KENRICK D. FORRESTER DARRELL P. HOLDEN FRANCISCO A. CORTEZ III ANTHONY L. FORSHIER JOSEPH P. HOLLAND LOURDES A. COSTAS CHRISTOPHER E. FOWLER JONATHAN T. HOLM CRAIG S. COTNER NICHOLAS C. FRANKLIN JEREMY B. HOLMAN MICHAEL J. COTOVSKY CARL L. FRIEDRICHS STEVEN C. HOLMBERG RICHARD A. COTTE KEVIN J. FROMM NICHOLAS C. HOLTEN ADA L. COTTO MELANIE L. FUATA JASON C. HONEYCUTT DAVID P. COUGHRAN PAUL M. FUGERE FRANK A. HOOKER ANTHONY B. COULTER MICHAEL B. FUNDERBURK STACY M. HOPWOOD GREGORY M. COUTURIER ROBERT K. FURTICK NICHOLAS W. HORN CHARLES K. COWAN CAMERON G. GALLAGHER DANIEL J. HORST SAMUEL V. COWART JASON M. GALLAGHER BRIAN R. HORVATH BOBBY J. COX JASON C. GALLARDO EARLY HOWARD PHILIP E. CRABTREE VIJAY M. GALLARDO KELLY P. HOWARD JAMES L. CRENSHAW TROY L. GAMMON MCLYNN D. HOWARD RYAN M. CRIPPS ALONZO GARCIA NICHOLAS J. HOWARD ROBERT L. CROUSE ANDRES N. GARCIA SIDNEY D. HOWARD ROBERT M. CROWE IRENE GARCIA ROGER E. HUGHEY ANTHONY B. CRUMBEY JUAN R. GARCIA RICHARD E. HULL PETER CRUZ STEPHEN K. GARDOSIK MICHAEL J. HUMBLE RYAN A. CRYER RICKY T. GARVIN BILLY J. HUNTSMAN FREDERICK M. CUMMINGS MIGUEL S. GASTELLUM PETER W. HURGRONJE ERIC S. CURRENCE CARY D. GATES ADAM L. HURLEY JOHN D. CWIEK LYNN B. GATRELL JUSTIN P. HURT BRIAN F. CYR STANLEY J. GAYLORD JOEY A. HUTTO JAMES A. DAHL AUDREY S. GBONEY JAMEKELA M. ILES JODY J. DAIGLE CHRISTOPHER S. GEMMER WILLARD H. IMAN, JR. DAVID W. DAKE MICHAEL R. GERASIMAS CHRISTOPHER M. INGENLOFF MARK D. DALEY DEMETRIOS A. GHIKAS MATTHEW J. INGLIS RANJINI T. DANARAJ EFREM S. GIBSON JOSHUA N. INGRAM KIRK J. DANIELS ROBERT M. GICHERT HARRY A. IRVING, JR. SEAN C. DANSBERGER MICHAEL A. GILLISPIE NATHAN T. ISAAC JUSTIN E. DAUBERT JEFFREY L. GILTZOW BENJAMIN E. JACKMAN DREW T. DAVIES CHRISTOPHER J. GIORGI GARY K. JACKSON COLIN A. DAVIS JEREMIAH A. GIPSON JAMES D. JACKSON ERIK A. DAVIS GUY J. GIROUARD LACREDERICK R. JACKSON GINO C. DAVIS JOHN J. GLASCO PRESTON JACKSON

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RAHSAAN H. JACKSON CHARLES T. MARVIN BRIAN N. PATTERSON JOSH T. JACQUES MATTHEW C. MASON KACENIA S. PATTERSON ERIC A. JAMES ANTHONY D. MASSARI BRUCE J. PAULEY ERIC G. JAMES CLARENCE J. MATTHEWS JEFFREY L. PAULUS FRANCISCO J. JAUME DARWIN E. MAULL DAVID A. PAYNE JACOB A. JEFFERS FRANK F. MAXWELL TIMOTHY D. PEARSON TROY A. JESUS JASON J. MCCAMBRIDGE SHANNON J. PECK BENJAMIN D. JOHNSON CARRICK E. MCCARTHY MICHAEL S. PENN CHARLES F. JOHNSON JOSEPH A. MCCARTHY BRANDON K. PERDUE JAMES O. JOHNSON ANNE C. MCCLAIN OSVALDO L. PEREZ KIMBERLY D. JOHNSON RANDY L. MCCLENDON JULIO A. PEREZRIVERA MICHAEL A. JOHNSON JOHN C. MCCLURKIN AHMAD A. PERRY PHILIP L. JOHNSON KEVIN MCCORMICK ANDREW V. PESATURE RAMON V. JOHNSON RAY G. MCCULLOCH ANDREA M. PETERS STANLEY B. JOHNSON MICHAEL S. MCCULLOUGH DERRICK A. PETERS JERRY B. JONES HEATHER R. MCGRATH NATHANAEL W. PETERSON KIRBY A. JONES SCOTT A. MCGRATH ROSLYN M. PETERSON SHANE R. JONES AUDRICIA D. MCKINNEY JOHN F. PETKOVICH III JOSHUA W. JOPLING GABRIELLA M. MCKINNEY TRUC T. PHAM JAMIE O. JORDAHL MAURICE A. MCKINNEY GARY A. PHILLIPS JAMES J. JUDGE PAUL L. MCKINNEY JOHN M. PHILLIPS JEREMY L. KACZOR MATTHEW T. MCMANNES WILLIAM L. PHILLIPS KEVIN C. KAHRE PAUL M. MCMANUS LEROY J. PHOENIX PATRICK H. KAINE GREGORY W. MCMILLION DAVID C. PIERSON CHRISTOPHER R. KANE ROBERT M. MCTIGHE STEPHAN J. PIKNER KEVIN M. KANE ERNEST D. MEADOWS BRIAN W. PILCH TINA L. KANE RAUL M. MEDRANO ANTONIO M. PITTMAN JOEL R. KASSULKE ERIC MEGERDOOMIAN AUDREY M. PITTMAN SCOTT M. KATALENICH FRANZ W. MENTOR DAVID W. PITTMAN BENJAMIN E. KAVANAGH GREGORY J. MERKL TODD L. POINDEXTER STEVEN L. KEIL VIRAK A. METCALF RICHARD A. POLEN HEIVA H. KELLEY JAMES A. METZ ALAIN M. POLYNICE MATTHEW R. KELLEY SAMUEL A. MEYER ADAM F. POOLEY PATRICK M. KELLY BENJAMIN W. MIDGETTE JASON T. PORTER RYAN G. KELLY RINGO L. MIDLES JONATHAN F. POST JASON D. KENT MICHAEL J. MILAS ANDREW A. POTTS JOHN A. KERIN BRIAN J. MILES SIMON J. POWELSON JAMES K. KERNS NICHOLAS D. MILKOVICH PAUL A. POWER JAMES P. KILLORAN JASON T. MILLER JOSHUA S. POWERS SIMON Y. KIM KAROLYN M. MILLER JAMES G. PRADKE KIM C. KING MARK P. MILLER MATTHEW R. PRESCOTT JOHN R. KIRCHGESSNER CASEY D. MILLS TAYLOR J. PRESLEY THOMAS J. KITSON MATTHEW R. MINEAR BLAKE M. PRICE CHRISTOPHER R. KLIEWER NATHAN N. MINOTT GREG A. PRICE CHRISTIAN D. KNUTZEN KIM A. MITCHELL NICHOLE L. PROPES JEROME F. KOLTZ CHRISTOPHER A. MOLINO RYAN N. PROPST DAVID M. KOPECKY MATTHEW M. MOLLY ROLAND I. PUGH PHILIP A. KORNACHUK JASON M. MONCUSE ROBIN R. PULLEY RYAN W. KORT JENNIFER L. MONDIDO RYAN J. PURSEL JEFFREY S. KUDARY JOSEPH M. MONETTE EUGENE C. PURSIFULL MARK KUHAR RICHARD A. MONTCALM, JR. PATRICIA R. QUIGLEY ANDREW J. KULAS BENJAMIN M. MONTOYA CARL K. QUINLAN JODIE L. KUNKEL BRADY J. MOORE MATTHEW F. QUINN MICHAEL W. KURTICH DAVID A. MOORE PETER D. QUINN ROBERT L. KURTTS EZEKIEL MORENO ROBERT P. QUINT, JR. MITCHELL S. KUSMIER KEVIN E. MORGAN RENEE E. RAMSEY JONATHAN D. LACY TIMOTHY L. MORGAN MATTHEW J. RARIDEN JOSHUA A. LADD PAUL J. MORIARTY ADAM M. RASMUSSEN THOMAS J. LAKE JOSHUA G. MORINO DANIEL P. RAYMOND THOMAS E. LAMB CHRISTOPHER V. MORO JAMES F. RAZURI TODD B. LAMB DANIEL C. MORRIS DONALD K. REED CHARLENE A. LAMOUNTAIN JOHN L. MORROW WALTER A. REED IV CALEB G. LANDRY JACOB K. MOULIN ZACHARY A. REED RONLESTER L. LANSANG RUTH A. MOWER ADAM J. REEVES JONATHAN M. LARMORE KEVIN E. MUMAW RYAN T. REICHERT RALPH E. LAUER III ALFRED M. MUNA DUKE W. REIM TERRELL C. LAWSON FRANCIS X. MURPHY JUAN A. RENAUD ALEXANDER B. LAZATIN TIMOTHY J. MURPHY KIMBIA A. REY MARK M. LEE DERRICK D. MURRAY SHAUN A. REYNOLDS MICHAEL W. LEE RAFAEL MUSSEBGIL MARY A. RICKS ALPHONSE J. LEMAIRE MATTHEW E. MYERS MARLON S. RINGO DAVID W. LEMAY RICKY J. MYERS JONATHAN S. RITTENBERG KELLY C. LEVERETT MATTHEW E. MYRICK JULIO RIVERA CHARLES R. LEVINE RYAN M. NACIN REINALDO RIVERA KEVIN R. LEWIS WILLIAM S. NANCE RICHARD RIVERA WILLIAM A. LEWIS FRANCISCO C. NAPUTI CORY L. ROBERTS MATTHEW C. LINDSEY DAVID NASH PAUL E. ROBERTS DAVID D. LITTLE DAVID J. NELSON RODNEY R. ROBERTS DENISE R. LITTLE JEFFREY P. NELSON KELVIN N. ROBINSON ANGEL M. LLOMPARTMONGE MICHAEL S. NELSON KENDALL A. ROBINSON CLEMENT D. LOCHNER PHILIP L. NESNADNY JANINE A. ROBINSONTURNER LECARL B. LOCKLEY ROBERT L. NEWBILL TRAVIS E. ROBISON CHRISTOPHER M. LOFTON PAUL A. NEWMAN PETER S. RODGERS MARIO R. LOGLI DAVID B. NIEDERAUER MIGUEL RODRIGUEZ, JR. JASON D. LOHMAN SAMUEL J. NIRENBERG EDGARD RODRIGUEZRIVERA MARTIN A. LONGORIA DEREK R. NOEL ANTHONY M. ROH BRIAN T. LOONEY ERIK C. NORDSTROM JESSIE R. ROMERO ARTHUR P. LOWE, JR. TAMISHA R. NORRIS ANDREW R. ROSE MELVIN E. LOWE CHRISTOPHER P. OBRIEN JIMMY M. ROSS RICHMOND R. LUCE ROBIN L. OCHOA HAROLD D. ROUSE NATHAN C. LUECKE MICHAEL W. ODONNELL JOSEPH P. ROZYCKI MICHAEL A. LUECKEMAN AMOS Y. OH JOEL D. RYALS VICTOR L. LUNDERMAN SAMUEL A. OKOKO NICHOLAS D. RYAN HARRY R. LUPOLD ETHAN A. OLBERDING MATTHEW C. SACRA TIMOTHY B. LYNCH CLINT T. OLEARNICK ANN M. SAGE JOHN R. MACHARRIE JEREMIAH J. OLIGARIO JOSEPH D. SAGE IAN A. MACNAB TYLER B. OLIVER PATRICIA N. SALING PHILLIP D. MADSEN HANIBL OLMEDA VICTOR S. SALYER MATTHEW D. MAGENNIS ABRAHAM N. OSBORN BRIAN A. SANSOM MICHAEL L. MAGILL JOHN G. OSTERSON DANIEL SANTOS ROBERT T. MAGILL DANIEL R. OSTROWSKI MICHAEL A. SARRO MATTHEW L. MAKARYK THOMAS C. OVERMYER TIMOTHY E. SARTORI JOSEPH E. MALONE KENNETH R. OWENS AARON D. SARVER CHRIS B. MANGLICMOT WILLIAM J. OWENS EDWARD B. SAUTER GEORGE P. MANN ISAAC K. OWUSU KEEFE A. SAVIN RICHARD MANSIR ERIC I. PALICIA PETER V. SCHMITT TODD B. MARABLE EUGENE W. PALKA BRIAN H. SCHONFELD MICHAEL A. MARCHETTI BRIAN D. PANARO KEITH A. SCHRECKENGOST MATTHEW D. MARFONGELLI DALE A. PAPKA LAURA M. SCHROEDER ERIC S. MARSHALL JAMES R. PASCOE JEREMY J. SCHWENDEMAN WILLIAM D. MARSHALL SHERRIAN C. PATRICK ARON G. SCOTT NOVA J. MARTIN, JR. BILLY J. PATTERSON CHRISTOPHER J. SCOTT

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ROBIN N. SCOTT CHRISTOPHER D. THOMAS KEITH R. WILLIAMS RYAN J. SCOTT HANS J. THOMAS WESTON T. WILLIAMS KENNETH P. SELBY MARLON A. THOMAS JEREMIAH J. WILLIS PHILLIP J. SERPICO RUSSELL B. THOMAS TAMEKA R. WILSON MICHAEL W. SERVER JOHN D. THOMASON RAYMOND D. WINDMILLER SHANNON W. SHACKELFORD ANTHONY R. THOMPSON JASON M. WINGEART CHRISTOPHER A. SHARPE DALTON W. THOMPSON BRIAN R. WINKELMAN DOMINIQUE J. SHAW DAVID T. THOMPSON CONOR M. WINSLOW PETER J. SHAW KRISTOFER J. THOMPSON JEFFREY R. WINSTON HOUSTON B. SHEETS MICHAEL R. THOMPSON LUKE A. WITTMER JEFFREY M. SHELNUTT NICHOLAS R. THOMPSON SARAH R. WOLBERG HARRY L. SHERWOOD CASEY H. THOREEN CHRISTINE T. WOLFE LAURA E. SHIPLET BRANDON E. THRASHER GABRIEL M. WOLFE SCOTT A. SHOOP DANIEL S. THRELKELD JEFFREY J. WOLFE LEAH C. SHUBIN JEREMY M. TILLEY ROBERT W. WOLFENDEN BENJAMIN L. SHUMAKER JOHN C. TISSERAND MATTHEW L. WOLVERTON KEVIN W. SIEGRIST WENDY R. TOKACH JASON C. WOOD TIMOTHY J. SIKORA KEVIN E. TOMS JERRY L. WOOD, JR. JONATHAN E. SILK JAMES E. TOWLE ROBERT A. WOOD WARREN O. SIMMONS TRAVIS I. TRAMMELL ROBERT S. WOOD RANDY C. SIMON JEREMY W. TRENTHAM GUY F. WORKMAN JOSEPH E. SIMS MICHAEL J. TRUJILLO SHANNON R. WORTHAN JOSEPH M. SINCERE DAVID S. TURNER ADAM WOYTOWICH NICHOLAS C. SINCLAIR JOHN D. TURNER NICHOLAS A. WRIGHT ERINN C. SINGMAN RYAN M. TURNER ABDUL R. WURIE JASON R. SINN ERICA J. TYE JONATHAN T. YASUDA JOHN C. SIVLEY CLINTON B. UNDERWOOD MARK M. YEARY KIM M. SLADEK TIMOTHY P. UNGARO AARON YOUNG III FRANKLIN P. SLAVIN III CURTIS J. UNGER ARTHUR G. YOUNG CHARLES V. SLIDER ERNEST M. URQUIETA CRAIG M. YOUNG ARCHIE L. SMITH JAN R. URSO PETER C. ZAPPOLA, JR. BRADLEY J. SMITH NICHOLAS M. UTZIG BRYAN C. ZESIGER ERVIN D. SMITH MATTHEW R. VANGILDER ROMAS J. ZIMLICKI JAY K. SMITH BRYAN R. VANRIPER KURT P. ZORTMAN JOHN A. SMITH PEDRO E. VAZQUEZ JOSEPH V. ZULKEY MATTHEW J. SMITH JAMES S. VCHULEK II MICHAEL A. SMITH RYAN L. VENEBERG IN THE NAVY NATHAN J. SMITH RONALD T. VERNON ROBERT J. SMITH THOMAS J. VETTER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT R. SMITH MELISSA A. VIATOR IN THE GRADE INDICATED IN THE UNITED STATES NAVY TERRENCE N. SMITH ADRIAN VILLA UNDER TITLE 10, U.S. CODE, SECTION 531: CARTER M. SMYTH JASON T. VINCENT To be commander JASON S. SNELGROVE AMANDA M. VIOLETTE DANIEL P. SNOW RICKY L. VITTITOW, JR. VALERIE R. OVERSTREET JAMES M. SNOWDEN DANIEL J. VONBENKEN THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JAVIER E. SOSTRECINTRON JAMES W. WADE MENT TO THE GRADE INDICATED IN THE REGULAR NAVY STACY R. SOUTTER JOSEPH B. WAID UNDER TITLE 10, U.S.C., SECTION 531: MICHAEL V. SOYKA PATRICK M. WALKER DAVID M. SPANTON CHRISTOPHER E. WALSH To be lieutenant commander LUCAS SPARKS OLIN L. WALTERS JASON G. SPENCER ROGER A. WANG, JR. NADESIA V. HENRY BERNDT F. SPITTKA ELIJAH M. WARD RONALD W. PERDUE COLE A. SPITZACK STEPHEN P. WARD SHOLI A. ROTBLATT LLOYD E. SPORLUCK PHILLIP S. WARREN JOHN A. SALVATO ADAM C. SPRINGER JASON B. WASHBURN DANIEL J. SQUYRES MICHAEL S. WASHBURN f STEVEN J. STANEART DAVID E. WATERS JAMES T. STARTZELL JOHN N. WAUGH CONFIRMATION SCOTT D. STEELE JESSICA C. WAYMENT DUANE G. STEFANIAK ELIZABETH A. WEAVER Executive nomination confirmed by RICHARD T. STEINBACHER TONY G. WEAVER, JR. KRISTIN E. STEINBRECHER DAVID A. WEBB the Senate May 4, 2011: PATRICK M. STEVENS ADAM C. WEECE THE JUDICIARY TERRY W. STEVENSON ERIC J. WEEKS TARA M. STILES PEDER WEIERHOLT JOHN J. MCCONNELL, JR., OF RHODE ISLAND, TO BE WAYNE L. STILES BRIAN H. WEIGHTMAN UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF DANIEL W. STOCKTON ALEXANDRE E. WEIS RHODE ISLAND. GALEN D. STONE, JR. DAVID M. WEISING THE ABOVE NOMINATION WAS APPROVED SUBJECT TO JEFFREY B. STONE JAMES P. WELCH THE NOMINEE’S COMMITMENT TO RESPOND TO RE- ARTHUR T. STRINGER GREGORY B. WELLS QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY DANIEL R. STUEWE CHRISTOPHER S. WENNER CONSTITUTED COMMITTEE OF THE SENATE. THOMAS B. STURM RICHARD W. WERTZ III MICHAEL J. STUTTS KYLE D. WHEELER f MATTHEW W. SUCEC JACOB E. WHITE CHRISTOPHER M. SWICKARD ROHN P. WHITE DERRICK J. SWIM WILLIAM G. WHITE WITHDRAWAL JOSEPH D. SWINNEY JACOB A. WHITESIDE MARVIN E. SWITZER, JR. CRAIG R. WHITING Executive Message transmitted by NICHOLAS R. TALBOT STEVEN L. WHITMORE the President to the Senate on May 4, CHRISTOPHER S. TALLEY ANTHONY J. WHITTAKER TODD A. TATUM BRYAN S. WHITTIER 2011 withdrawing from further Senate ISAAC L. TAYLOR JOSEPH S. WIER consideration the following nomina- JASON M. TAYLOR ERIC M. WIGLEY JAY A. TAYLOR BENJAMIN B. WILLIAMS tion: JOSHUA D. TEITGE CARLIE A. WILLIAMS, JR. RYAN C. CROCKER, OF WASHINGTON, TO BE A MEMBER STEVEN B. TEMPLETON CRISTINA WILLIAMS OF THE UNITED STATES ADVISORY COMMISSION ON PUB- CHRISTOPHER D. TERRILL DAVID G. WILLIAMS LIC DIPLOMACY FOR A TERM EXPIRING JULY 1, 2012, VICE PAUL J. THIESSEN EDWARD E. WILLIAMS PENNE PERCY KORTH, TERM EXPIRED, WHICH WAS SENT CARLA A. THOMAS JOHN M. WILLIAMS, JR. TO THE SENATE ON FEBRUARY 17, 2011.

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The House met at 10 a.m. and was the principles of marque and reprisal, pating in a remarkable event in the called to order by the Speaker pro tem- provided to us by the Constitution for mountain town of Adjuntas, Puerto pore (Mr. FITZPATRICK). difficult missions such as we faced. I Rico. There, thousands braved a tor- f am convinced that this approach would rential downpour to demonstrate have achieved our goal much sooner against a proposed natural gas pipeline DESIGNATION OF SPEAKER PRO and much cheaper. that the current ruling party in Puerto TEMPORE The elimination of Osama bin Laden Rico is threatening to build across the The SPEAKER pro tempore laid be- should now prompt us to bring our mountains and rainforests of the is- fore the House the following commu- troops home from Afghanistan and land. nication from the Speaker: Iraq. Al Qaeda was never in Iraq, and While I was there, I met with Rosanna Lopez Leon, the Common- WASHINGTON, DC, we were supposedly in Afghanistan to May 4, 2011. get Osama bin Laden. With bin Laden wealth of Puerto Rico’s Ombudsman I hereby appoint the Honorable MIKE gone, there is no reason for our pres- for the Elderly. As ombudswoman, she FITZPATRICK to act as Speaker pro tempore ence in this region, unless indeed it has unusual latitude for a public serv- on this day. was all about oil, nation-building and ant in the current government to speak JOHN A. BOEHNER, remaking the Middle East and Central the truth about what she hears and Speaker of the House of Representatives. Asia. sees from senior citizens across the is- f Hopefully, bin Laden does not get the land. Her term is 14 years, longer than last laugh. He claimed the 9/11 attacks that of the Governor’s, and the money MORNING-HOUR DEBATE were designed to, number one, get to her office comes mainly from the The SPEAKER pro tempore. Pursu- America to spread its military dan- Federal Government, from the Older ant to the order of the House of Janu- gerously and excessively throughout Americans Act, so that she is incor- ary 5, 2011, the Chair will now recog- the Middle East; two, to cause political ruptible, unassailable, and, thank God, nize Members from lists submitted by dissension within the United States. untouchable. the majority and minority leaders for Seventy percent of the American peo- She presented me with a series of let- morning-hour debate. ple now believe we should leave Af- ters she wrote to Attorney General The Chair will alternate recognition ghanistan, yet both parties seem des- Eric Holder and to other Federal agencies and Puerto Rican officials. They between the parties, with each party tined to stay; and number three, to are based on sworn affidavits from sen- limited to 1 hour and each Member bankrupt America through excessive ior citizens residing in four towns in other than the majority and minority military spending, as he did to the So- the path of the proposed pipeline in leaders and the minority whip limited viets. The best thing we can do is prove Puerto Rico, describing how local sen- to 5 minutes each, but in no event shall bin Laden to be a false prophet. iors are being pressured and intimi- debate continue beyond 11:50 a.m. We must learn from this recent his- dated into signing over their property tory. Tragically, one result may be the f for the pipeline’s supposed unapproved acceptance of torture as a legitimate DEVELOPING A SENSIBLE, NON- right-of-way. tool for pursuing our foreign policy. A Mrs. Lopez Leon believes that ‘‘repet- INTERVENTIONIST FOREIGN POL- free society calling itself a republic ICY itive violations of the Older Americans should never succumb to such evil. Act have become a danger to the lives, The SPEAKER pro tempore. The With regard to foreign aid to Paki- health, rights, and property of the el- Chair recognizes the gentleman from stan, the fact that bin Laden was safe- derly population of Puerto Rico.’’ Texas (Mr. PAUL) for 5 minutes. ly protected for 10 years in Pakistan She describes illegal trespassing into Mr. PAUL. Mr. Speaker, Osama bin should make us question the wisdom of properties of the elderly under the false Laden applauded the 9/11 attacks. Such robbing American citizens to support pretext of measuring a nonexistent an act of deliberate killing of innocent any government around the world with right-of-way, illegal trespassing into lives deserves retribution. It is good foreign aid. Our failed foreign policy is the homes of the elderly with the that bin Laden is dead and justice is reflected in our bizarre relationship fraudulent pretense to generate a writ- served. Targeted retribution is far su- with Pakistan. We bomb them with our ten authorization from the elderly to perior to wars of aggression and na- drones, causing civilian casualties, we allow and permit a consented purchase tion-building. give them billions of dollars in foreign of the property to the Commonwealth In 2001, I supported giving the Presi- aid, and she protects America’s enemy of Puerto Rico and the energy company dent authority to punish those respon- number one, bin Laden, for a decade. well below market value of the prop- sible for the vicious 9/11 attacks. Using It is time to consider a sensible, non- erty without granting the elderly the this authority and opportunity to pur- interventionist foreign policy as ad- opportunity to seek counsel, a recent sue nation-building and remaking the vised by our founders and authorized appraisal, or to contest the eminent Middle East was cynical and dan- by our Constitution. We would all be domain procedure which they are gerous, as the past 10 years have prov- better off for it. threatened with if they do not grant ‘‘a en. The sad tragedy is that it took 10 f voluntary consent to sell their prop- years, trillions of dollars, tens of thou- erties.’’ sands of American casualties and many PROPOSED PUERTO RICAN PIPE- These 41 affidavits are from four thousands of innocent lives to achieve LINE A THREAT TO MOUNTAINS towns on the route of the proposed gas- our mission of killing one evil person. AND RAINFORESTS oline; Adjuntas, Penuelas, Utuado and A narrow, targeted mission under The SPEAKER pro tempore. The Toa Baja. I would like to first talk these circumstances is far superior to Chair recognizes the gentleman from about one of them, because I will read initiating wars against countries not Illinois (Mr. GUTIERREZ) for 5 minutes. some short translations from some involved in the 9/11 attacks. This was Mr. GUTIERREZ. Mr. Speaker, last chilling stories that we have gathered the reason I emphasized at the time weekend I had the honor of partici- here.

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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OPPEA operates under an Ombudsman ergy company constantly fly over my The forty-one sworn affidavits in named by the Governor of Puerto Rico, with residence and they do so at a low alti- Spanish and other documents in the consent and advice of the Senate of Puer- tude, disturbing my tranquility. Since English and Spanish related to the to Rico for a fixed term of 14 years with the my home is built of tin and wood,’’ as Gasoducto pipeline project are posted responsibility of organizing and directing the you see in the picture, ‘‘when the heli- on Rep. GUTIERREZ’ website:http:// functions of the Office. The current Ombuds- copters hover, my entire house trem- www.gutierrez.house.gov/ man is appearing Plaintiff, Hon. Rossana Lo´ pez Leo´ n whose term expires on 2014. bles. That has generated much anxiety index.php?option=comlcontent &view =article&id=662&Itemid=73. Other functions and duties of OPPEA are: in me, and for this reason I had to visit a. Encourage participation of citizens in my primary doctor and have had to COMMONWEALTH OF PUERTO RICO, the development and implementation of pro- take medication for my nerves and my PUERTO RICO OFFICE OF THE OM- grams and projects for the elderly people; heart condition has even worsened.’’ BUDSMAN FOR THE ELDERLY, b. Provide technical advice and guidelines San Juan, Puerto Rico, April 25, 2011. Then there is Lucrecia Maldonado to other public agencies and/or private insti- Re: Complaint by the Puerto Rico Office of tutions who request them in order for them Rentas. She is 82 years old and is pic- the Ombudsman for the Elderly Against tured in front of her house with her sis- to improve the services they render to elder- The Commonwealth of Puerto Rico and ly citizens; ter Gloria. She says, ‘‘The letters I re- The Puerto Rico Energy Power Author- c. Organize and prepare conferences and ceived were written to pretend to be a ity. seminars, and perform studies and investiga- study to be conducted on the needs of Hon. ERIC HOLDER, tions, by themselves or in coordination with the population and it ended up being U.S. Department of Justice, Civil Rights Divi- other public agencies or private entities, in one about natural gas, the pipeline and sion, Office of the Assistant Attorney Gen- order to develop new approaches and meth- the expropriation process of the Barrio eral, Main, Washington, DC. ods, and the development of the necessary DEAR SIR: The Puerto Rico Office of the personnel to provide services to the elderly Portugues community in Adjuntas, Ombudsman for the Elderly (hereinafter Puerto Rico. In them the process of ex- population; OPPEA) represented by the undersigned, d. Compile, accumulate and analyze all propriation is presented, but it is not Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit statistical data necessary for the planning, explained. I do not understand it.’’ on aging of Puerto Rico’’ in charge of enact- coordination and the development of a public Then there is Mr. Luis Guzman. We ing the Older Americans Act by virtue of the policy related to elderly affairs, that re- don’t have a picture of the 67-year-old provisions of Act No. 203 of August 7, 2004, as sponds to the needs of the particular mo- farmer. Although he has been harassed well as by the ‘‘Bill of Rights for Aged Per- ment; since last year, Mr. Guzman does not sons in Puerto Rico,’’ Act No. 121 of July 12, e. Educate the community regarding the 1986, as amended. know how to read and can barely write. elderly affairs in order to create a positive OPPEA, upon attending to the needs of attitude towards the elderly population; b 1010 this specific population, acts as an enabling f. Provide information to elderly people re- agent in the search for a better quality of garding the services, benefits, programs and He does not need to fully be edu- life for these residents, who on occasion are activities that public agencies and private cated, however, to know the difference deprived of their civil and human rights as entities offer; and members of our society for which it receives between right and wrong. If only choos- g. Recommend to the Governor of Puerto substantial federal funds. As a matter of ing between right and wrong would Rico and the Legislative Assembly those pro- fact, OPPEA receives 90% of its budget from come that easy to the ruling party of cedures they believe necessary in order to at- federal sources. Puerto Rico. The creation of this office serves the pur- tend the problems and necessities of the el- I want to make it clear to you, Mr. pose of reaffirming the importance of the elderly community. Speaker, and to this body and to Attor- derly citizens in our country, guaranteeing h. Attend to grievances brought by elderly ney General Eric Holder that these are their full enjoyment of the rights and pre- citizens, including the imposition of fines not powerful men and women. They are rogatives which they are entitled to. and the compensation for damages. Now, The Commonwealth of Puerto Rico ORGANIZATION not legal scholars or real estate ex- (hereinafter ELA) in cohort with the Puerto perts. But they have made simple pleas OPPEA was created through local public Rico Energy Power Agency (hereinafter to the court and their complaints Law Number 203, dated August 7, 2004, as a PREPA) have placed into action a project, should be heard. They are worried that governmental organism responsible for es- The Via Verde Pipeline, which is a planned they will lose their homes and they tablishing public policy, planning and co- natural gas network to supply energy from ordinating with other public agencies the de- will lose their crops which sustain north to south in Puerto Rico, a project of sign and development of projects and pro- Governor Luis Fortun˜ o. them because of the laws and legal ma- grams in order to attend basic needs of the The pipeline will distribute natural gas neuvers they do not understand. They elderly population, establishing the rights of from the Pen˜ uelas/Guayanilla area north to the elderly people, in order to help them at- are U.S. citizens and need our help. the Arecibo Cambalache Plant on to Palo tain an enjoyable and productive life and I plan to post all of the affidavits I Seco/San Juan. their maximum possible participation in have already received, along with hun- ‘‘Via Verde’’ will negatively impact forest community affairs. All funds, equipment per- dreds of pages I have received from areas, hydrographic basins, lands fit for agri- sonnel and other assets and liabilities pre- culture, and the all-important and endan- Federal agencies under the Freedom of viously managed by OGAVE (Governor’s Of- gered karstic region of northern Puerto Information Act, on my Web site. The fice for Elderly Affairs) were transferred to Rico. It will also represent further depend- more light that is shined on this OPPEA as a result of the above law. project, Mr. Speaker, the more it re- OPPEA is the local organism responsible ence on another form of fossil fuel that, for planning and coordinating all matters re- while less polluting than the current oil flects back a dark story of secrets, based system of electricity generation, will strong-arming, and shortcuts. I plan to lated to federal awards received from federal laws for the purpose of attending the prob- still contribute to global warming. continue shining my light and making lems of the elderly population. Furthermore, more than 200 elderly indi- as much information public as possible OPPEA is also the agency designated to viduals, under the protection of the Older so that the voice of the people of Puer- administer and implement the federal pro- Americans Act are being affected and their to Rico is heard. grams of federal public Law 89–73 dated July rights under that federal statute and the Mr. Speaker, I will place in the 14, 1965, as amended, known as ‘‘Older Ameri- Constitution being breached and violated by Commonwealth and PREPA. RECORD the affidavits presented in cans Act.’’ It can also be designated by the These repetitive violations have become a court in Puerto Rico from 18 senior Governor of Puerto Rico as the local agency in charge of any other federal awards des- danger to the lives, health, rights and prop- citizens in Toa Baja, 10 senior citizens tined for elderly programs. erty of the elderly population of the sector in Adjuntas, 4 senior citizens in Local public Law Number 203 permits being impacted by the Via Verde project by Penuelas, and 9 senior citizens in OPPEA to design programs in order to pro- way of illegal trespassing into the properties

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of the elderly under the false pretext of Now, The Commonwealth of Puerto Rico COMMONWEALTH OF PUERTO RICO, measuring a non existing right of way, ille- (herein after Commonwealth) in cohort with PUERTO RICO OFFICE OF THE OM- gal trespassing into the homes of the elderly the Puerto Rico Energy Power Agency (here- BUDSMAN FOR THE ELDERLY with fraudulent pretenses to generate a writ- in after PREPA) have placed into action a San Juan, Puerto Rico, April 25 2011. ten authorization from the elderly to allow project called The Vı´a Verde Pipeline which Re Complaint by The Puerto Rico Office Of and permit a consented purchase of their The Ombudsman For The Elderly is a planned natural gas network to supply property to the Commonwealth and PREPA Against The Commonwealth of Puerto well below market value of the property, energy from north to south in Puerto Rico a Rico and The Puerto Rico Energy Power without granting the elderly the opportunity project of Governor Luis Fortun˜ o. Authority. to seek counsel, a recent appraisal of their The pipeline will distribute natural gas Hon. J. RANDOLPH BABBITT, property or to contest the eminent domain from the Pen˜ uelas/Guayanilla area north to U.S. Department of Transportation, Federal procedure which they are threatened with if the Arecibo Cambalache Plant on to Palo Aviation Administration, Washington, DC. they do not grant a ‘‘voluntary’’ consent to Seco/San Juan. FANNY RIVERA, sell their properties. U.S. Department of Transportation, Federal Furthermore, the elderly population is ‘‘Via Verde’’ will negatively impact forest Aviation Administration, Washington, DC. being targeted with a psychological ‘‘war- areas, hydrographic basins, lands fit for agri- MARGARET GILLIGAN, fare’’ tactic through constant ‘‘buzzing’’ of culture, and the all-important and endan- U.S. Department of Transportation, Federal low flying Commonwealth and Under- gered karstic region of northern Puerto standing that these actions and policies are Aviation Administration, Washington, DC. Rico. an open violation of the Civil Rights Act, the SAN JUAN, PUERTO RICO FSDO, Americans with Disabilities Act and the Age Moreover, it should be public notice that San Juan, Puerto Rico. DEAR SIR: The Puerto Rico Office Of The Discrimination in Employment Act, among the Government of Puerto Rico has not only others, we request a formal criminal and Ombudsman For The Elderly (herein after already spent millions of dollars from state OPPEA), represented by the undersigned, civil investigation from your Department. public coffers but also from federal sources After the investigation we are confident Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit like ARRA and has reauthorized multi- that your Department will have reasonable on aging of Puerto Rico’’ in charge of enact- cause to believe that any person or group of million dollar contracts for the purchase of ing the Older Americans Act by virtue of the persons is engaged in a pattern or practice of land, materials (gas pipeline) and the con- provisions of Act No. 203 of August 7, 2004, as resistance to the full enjoyment of any of struction of the gas pipeline itself, without well as by the ‘‘Bill of Rights for Aged Per- the rights secured by the law, and that the the appropriate permits from the U.S. Corps sons in Puerto Rico’’, Act No. 121 of July 12, pattern or practice is of such a nature and is of Engineers, U.S. Wildlife and Fisheries and 1986, as amended. intended to deny the full exercise of the other relevant federal agencies. Thus, this OPPEA, upon attending to the needs of this specific population, acts as an enabling rights of our client and of many others num- project which is being constructed is illegal agent in the search for a better quality of bering in the thousands. for lack of appropriate permits. If you have any doubts or questions, please life for these residents, who on occasion are do not hesitate to contact us at (787) 721–6121. This situation is not only contrary to the deprived of their civil and human rights as Cordially, Law 230 of July 31, 1974 (3 L.P.R. secc. 283) as members of our society for which it receives ROSSANA LO´ PEZ LEO´ N, MSG, amended, also known as the Puerto Rico Ac- substantial federal funds. As a matter of Ombudsman for the Elderly. counting Law, but also in direct contrast to fact, OPPEA receives 90% of its budget from Law 96 of June 26, 1964 as amended. See also federal sources. COMMONWEALTH OF PUERTO RICO, The creation of this office serves the pur- the Opinions of the Justice Secretary of PUERTO RICO OFFICE OF THE OM- pose of reaffirming the importance of the el- Puerto Rico number 2010–15 and H.M.C.A. BUDSMAN FOR THE ELDERLY, derly citizens in our country, guaranteeing San Juan, Puerto Rico, April 25, 2011. (P.R.) Inc et al v. Contralor 126 D.P.R. 478 their full enjoyment of the rights and pre- Re: Complaint by The Puerto Rico Office Of (1990). rogatives which they are entitled to. The Ombudsman For The Elderly Furthermore, the 800,000 elderly residents OPPEA is also the agency designated to Against The Commonwealth of Puerto of Puerto Rico, which we represent and have administer and implement the federal programs of federal public Law 89–73 dated July Rico and The Puerto Rico Energy Power and are contributing to the General Fund of Authority. 14, 1965, as amended, known as ‘‘Older Ameri- the Commonwealth and the budgeted funds cans Act’’. It can also be designated by the Hon. YESMIN M. VALDIVIESO, of PREPA which are being used illegally to Governor of Puerto Rico as the local agency Oficina del Contralor de Puerto Rico, Estado fund a project which has not even received Libre Asociado De Puerto Rico, San Juan, in charge of any other federal awards des- the proper permits by federal agencies in PR. tined for elderly programs. DEAR SIR: The Puerto Rico Office Of The order to commence the construction of the Now, The Commonwealth of Puerto Rico Ombudsman For The Elderly (herein after project, wish to formally file a Complaint be- (herein after Commonwealth) in cohort with OPPEA) represented by the undersigned, fore your agency. the Puerto Rico Energy Power Agency (herein after PREPA) have placed into action a Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit Our client has sworn statements from on aging of Puerto Rico’’ in charge of enact- project denominated The Vı´a Verde Pipeline many of the elderly population being seri- ing the Older Americans Act by virtue of the which is a planned natural gas network to provisions of Act No. 203 of August 7, 2004, as ously affected by the actions undertaken by supply liquefied gas from north to south in well as by the ‘‘Bill of Rights for Aged Per- Commonwealth and PREPA as well as a psy- Puerto Rico, a project of Governor Luis sons in Puerto Rico’’, Act No. 121 of July 12, chological study of the adverse effect that Fortun˜ o. 1986, as amended. these actions have caused on the general el- The pipeline will distribute natural gas OPPEA, upon attending to the needs of derly population of the areas impacted by from the Pen˜ uelas/Guayanilla area north to this specific population, acts as an enabling the Via Verde project. the Arecibo Cambalache Plant on to Palo agent in the search for a better quality of Seco/San Juan. life for these residents, who on occasion are After the investigation we are confident ‘‘Via Verde’’ will negatively impact forest deprived of their civil and human rights as that your Department will have reasonable areas, hydrographic basins, lands fit for agri- members of our society for which it receives cause to believe that the Commonwealth and culture, and the all-important and endan- substantial federal funds. As a matter of PREPA are engaged in a pattern or practice gered karstic region of northern Puerto fact, OPPEA receives 90% of its budget from of illegally using public funds for the Via Rico. federal sources. Verde project. Furthermore, more than 200 elderly indi- The creation of this office serves the pur- viduals, under the protection of the Older pose of reaffirming the importance of the el- If you have any doubts or questions, please American Act are being affected and their derly citizens in our country, guaranteeing feel free to contact us at (787) 721–6121. rights under that federal statute and the their full enjoyment of the rights and pre- ROSSANA LO´ PEZ LEO´ N, MSG, Constitution being breached and violated by rogatives which they are entitled to. Ombudsman for the Elderly. Commonwealth and PREPA. OPPEA is also the agency designated to These repetitive violations have become a administer and implement the federal pro- danger to the lives, health, rights and prop- grams of federal public Law 89–73 dated July erty of the elderly population of the sector 14, 1965, as amended, known as ‘‘Older Ameri- being impacted by the Via Verde project by cans Act’’. It can also be designated by the way of illegal trespassing into the properties Governor of Puerto Rico as the local agency of the elderly under the false pretext of in charge of any other federal awards des- measuring a non existing right of way, ille- tined for elderly programs. gal trespassing into the homes of the elderly

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6619 with fraudulent pretenses to generate a writ- aircrafts operated by the Commonwealth and grams in order to attend basic needs of the ten authorization from the elderly to allow PREPA. elderly population, establishing the rights of and permit a consented purchase of their Some of the witnesses submitted sworn the elderly people, in order to help them at- property to the Commonwealth and PREPA statements which are at your disposal for in- tain an enjoyable and productive life and well below market value of the property, clusion in the investigative process. The their maximum possible participation in without granting the elderly the opportunity names, addresses and telephone numbers are community affairs. All funds, equipment, to seek counsel, a recent appraisal of their included in this Complaint for your perusal. personnel and other assets and liabilities property or to contest the eminent domain More photographs and statements will be previously managed by OGAVE (Governor’s procedure which they are threatened with if made available to you as soon as they are ob- Office for Elderly Affairs) were transferred they do not grant a ‘‘voluntary’’ consent to tained from our clients. to OPPEA as a result of the above law. sell their properties. We understand that some elderly residents OPPEA is the local organism responsible Furthermore, the elderly population is in the towns of Penuelas, Utuado and for planning and coordinating all matters re- being targeted with a psychological ‘‘war- Adjuntas did file complaints before the Puer- lated to federal awards received from federal fare’’ tactic through constant ‘‘buzzing’’ of to Rico Police Department and therefore the laws for the purpose of attending the prob- low flying Commonwealth and PREPA heli- criminal complaints will be submitted as lems of the elderly population. copters, some of which ‘‘sit’’ on top of the el- soon as we obtain a certified copy from the OPPEA is also the agency designated to derly individuals residences for a prolonged Police Department. administer and implement the federal pro- period of time without any apparent reason Understanding that these actions and poli- grams of federal public Law 89–73 dated July or motive, but to scare and cause fear in peo- cies are an open violation of the Civil Rights 14, 1965, as amended, known as ‘‘Older Ameri- ple of 80 or 90 years old with cardiac and hy- Act, the Older American Act and the federal cans Act’’. It can also be designated by the pertensive medical conditions which, in statutes and regulations of which you are Governor of Puerto Rico as the local agency many cases have never been outside the particularly in charge of administering, we in charge of any other federal awards des- rural areas and therefore never been exposed request a formal criminal and civil inves- tined for elderly programs. to a helicopters noise and ‘‘buzzing’’. These tigation from your Department. Local public Law Number 203 permits ‘‘buzzing’’ flights are being conducted day After the investigation we are confident OPPEA to design programs in order to pro- and intermittently at night under the 500 that your Department will have reasonable vide possible work opportunities and train- feet limit without any cause or reasonable cause to believe that the Commonwealth and ing and re-training to elderly citizens. Also, explanation. PREPA are engaged in a pattern or practice it offers alternatives in order for elderly peo- Title 14, Code of Federal Regulations, Sec- of violating the FAA regulations and the ple to join actively in the community and, tion 91.119 of the General Operating and rights of the elderly population impacted by for those able to, to provide consultative or Flight Rules specifically prohibits low-flying the Via Verde Project and that the pattern professional services to the community. aircraft, except when necessary for takeoff or practice is of such a nature that it is in- OPPEA operates under an Ombudsman or landing, over any congested area of a city, tended to deny the full exercise of the rights named by the Governor of Puerto Rico, with town, or settlement, or over any open air as- of our client and of many others numbering the consent and advice of the Senate of Puer- sembly of persons, an altitude of 1,000 feet in the thousands. to Rico for a fixed term of 14 years with the above the highest obstacle within a hori- If you have any doubts or questions, please responsibility of organizing and directing the zontal radius of 2,000 feet of the aircraft, do not hesitate to contact us at (787) 721–6121. functions of the Office. The current Ombuds- Cordially, man is appearing Plaintiff, Hon. Rossana over other than congested areas, over an al- ´ ´ titude of 500 feet above the surface except ROSSANA LOPEZ LEON, MSG, Lo´ pez Leo´ n whose term expires on 2014. over open water or sparsely populated areas. Ombudsman for the Elderly. Other functions and duties of OPPEA are: a. Encourage participation of citizens in In the latter case, the aircraft may not be COMMONWEALTH OF PUERTO RICO, the development and implementation of pro- operated closer than 500 feet to any person, PUERTO RICO OFFICE OF THE OM- grams and projects for the elderly people; vessel, vehicle, or structure. This rule of BUDSMAN FOR THE ELDERLY b. Provide technical advice and guidelines thumb applies to Helicopters which may be to other public agencies and/or private insti- operated at less than the minimums pre- San Juan, Puerto Rico, April 26, 2011. Re Complaint by the Puerto Rico Office of tutions who request them in order for them scribed above, if and only if, the operation is the Ombudsman for the Elderly Against to improve the services they render to elder- conducted without hazard to persons or prop- the Commonwealth of Puerto Rico and ly citizens; erty on the surface. the Puerto Rico Energy Power Author- c. Organize and prepare conferences and OPPEA has sworn statements from many ity. seminars, and perform studies and investiga- of the elderly population being seriously af- tions, by themselves or in coordination with fected by the actions undertaken by Com- Mr. GENE L. DODARO, Comptroller General, Government Account- other public agencies or private entities, in monwealth and PREPA as well as a psycho- order to develop new approaches and meth- logical study of the adverse effect that these ability Office, Washington, DC. DEAR SIR: The Puerto Rico Office of the ods, and the development of the necessary actions have caused on the general elderly personnel to provide services to the elderly population of the areas impacted by the Via Ombudsman for the Elderly (hereinafter OPPEA) represented by the undersigned, population; Verde project. d. Compile, accumulate and analyze all Identification: The civilian helicopters in- Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit on aging of Puerto Rico’’ in charge of enact- statistical data necessary for the planning, volved in the ‘‘buzzing’’ flights are readily coordination and the development of a public identifiable since they bear the markings of ing the Older Americans Act by virtue of the provisions of Act No. 203 of August 7, 2004, as policy related to elderly affairs, that re- PREPA or are being rented by PREPA or its sponds to the needs of the particular mo- agents or subcontractor, New Star Acquisi- well as by the ‘‘Bill of Rights for Aged Per- sons in Puerto Rico’’, Act No. 121 of July 12, ment; tions. The ‘‘buzzing’’ flights are being per- e. Educate the community regarding the 1986, as amended. formed under the 500 feet limit as per the elderly affairs in order to create a positive above mentioned CFR, by aircraft number OPPEA, upon attending to the needs of this specific population, acts as an enabling attitude towards the elderly population; N5800, N5854, and N5842. f. Provide information to elderly people re- agent in the search for a better quality of These flights have been occurring since the garding the services, benefits, programs and life for these residents, who on occasion are last six months almost every Monday, activities that public agencies and private deprived of their civil and human rights as Wednesday and Friday. entities offer; and members of our society for which it receives These flights have been occurring in the g. Recommend to the Governor of Puerto substantial federal funds. As a matter of area of Adjuntas, Orocovis and Penuelas, Rico and the Legislative Assembly those pro- fact, OPPEA receives 90% of its budget from Puerto Rico. The aircrafts have been flying cedures they believe necessary in order to at- federal sources. in no particular direction since they are tend the problems and necessities of the el- The creation of this office serves the pur- ‘‘buzzing’’ the residents within the area or derly community. pose of reaffirming the importance of the el- sites where the Via Verde gas pipeline h. Attend to grievances brought by elderly derly citizens in our country, guaranteeing project is to be constructed. citizens, including the imposition of fines their full enjoyment of the rights and pre- The color of the aircrafts are plainly visi- and the compensation for damages. ble in the photographs attached. rogatives which they are entitled to. Now, the Commonwealth of Puerto Rico The altitude in which these flights regu- ORGANIZATION (hereinafter ELA) in cohort with the Puerto larly occur are below the 500 feet tarmac OPPEA was created through local public Rico Energy Power Agency (hereinafter limit imposed by the CFR cited above. The Law Number 203, dated August 7, 2004, as a PREPA) have placed into action a project, flight below the limit was estimated on the governmental organism responsible for es- The Vı´a Verde Pipeline, which is a planned remaining distance between the roof of the tablishing public policy, planning and co- natural gas network to supply energy from houses in which the ‘‘sitting’’ and the ‘‘buzz- ordinating with other public agencies the de- north to south in Puerto Rico, a project of ing’’ was being performed by the pilots of the sign and development of projects and pro- Governor Luis Fortun˜ o.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6620 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 The pipeline will distribute natural gas taminated and useless for human consump- fact, OPPEA receives 90% of its budget from from the Pen˜ uelas/Guayanilla area north to tion. The Corps must be aware that there is federal sources. the Arecibo Cambalache Plant on to Palo no other source of water for these elderly The creation of this office serves the pur- Seco/San Juan. residents of the region since in many parts of pose of reaffirming the importance of the el- ‘‘Via Verde’’ will negatively impact forest the rural regions where they reside the Com- derly citizens in our country, guaranteeing areas, hydrographic basins, lands fit for agri- monwealth does not provide a source of their full enjoyment of the rights and pre- culture, and the all-important and endan- water. rogatives which they are entitled to. gered karstic region of northern Puerto Moreover, it should be public notice that OPPEA is also the agency designated to Rico. It will also represent further depend- the Government of Puerto Rico has not only administer and implement the federal pro- ence on another form of fossil fuel that, already spent millions of dollars from state grams of federal public Law 89–73 dated July while less polluting than the current oil public coffers but also from federal sources 14, 1965, as amended, known as ‘‘Older Ameri- based system of electricity generation, will like ARRA and has authorized multimillion cans Act’’. It can also be designated by the still contribute to global warming. dollar contracts for the purchase of land, Governor of Puerto Rico as the local agency Furthermore, more than 200 elderly indi- materials (gas pipeline) and the construction in charge of any other federal awards des- viduals, under the protection of the Older of the gas pipeline itself, without the appro- tined for elderly programs. American Act are being affected and their priate permits from the U.S. Corps of Engi- Now, The Commonwealth of Puerto Rico rights under that federal statute and the neers, U.S. Wildlife and Fisheries and other (herein after Commonwealth) in cohort with Constitution being breached and violated by relevant federal agencies. Thus, this project the Puerto Rico Energy Power Agency (here- Commonwealth and PREPA. which is being constructed is illegal for lack in after PREPA) have placed into action a These repetitive violations have become a of appropriate permits. project called The Via Verde Pipeline (appli- danger to the lives, health, rights and prop- This situation is not only contrary to the cation of reference) which is a planned nat- erty of the elderly population of the sector Law 230 of July 31, 1974 (3 L.P.R. secc. 283) as ural gas network to supply energy from being impacted by the Via Verde project by amended, also known as the Puerto Rico Ac- north to south in Puerto Rico, a project of way of illegal trespassing into the properties counting Law, but also in direct contrast to Governor Luis Fortun˜ o. of the elderly under the false pretext of Law 96 of June 26, 1964 as amended. See also The pipeline will distribute natural gas measuring a nonexisting right of way, illegal the Opinions of the Justice Secretary of from the Pen˜ uelas/Guayanilla area north to trespassing into the homes of the elderly Puerto Rico number 2010–15 and H.M.C.A. the Arecibo Cambalache Plant on to Palo with fraudulent pretenses to generate a writ- (P.R.) Inc et al. v. Contralor 126 D.P.R. 478 Seco/San Juan. ten authorization from the elderly to allow (1990). ‘‘Via Verde’’ will negatively impact forest and permit a consented purchase of their Understanding that these actions and poli- areas, hydrographic basins, lands fit for agri- property to the Commonwealth and PREPA cies are an open violation of the Civil Rights culture, and the all-important and endan- well below market value of the property, Act, the Americans with Disabilities Act and gered karstic region of northern Puerto Rico without granting the elderly the opportunity the Age Discrimination in Employment Act, as your letter of December 22, 2010 sent to to seek counsel, a recent appraisal of their among others, we request a formal criminal PREPA has underscored. property or to contest the eminent domain and civil investigation from your Depart- Furthermore, more than 200 elderly indi- procedure which they are threatened with if ment. viduals, under the protection of the Older they do not grant a ‘‘voluntary’’ consent to After the investigation we are confident American Act, residing for more than 30 sell their properties. that your Department will have reasonable years in the area to be impacted by the Via Furthermore, the elderly population is cause to believe that any person or group of Verde project are being and will be adversely being targeted with a psychological ‘‘war- persons is engaged in a pattern or practice of affected and their rights under federal stat- fare’’ tactic through constant ‘‘buzzing’’ of resistance to the full enjoyment of any of utes and regulations breached and violated low flying Commonwealth and PREPA heli- the rights secured by the law, and that the by Commonwealth and PREPA. copters, some of which ‘‘sit’’ on top of the el- pattern or practice is of such a nature and is These repetitive violations have become a derly individuals’ residences for a prolong intended to deny the full exercise of the danger to the lives, health, rights and prop- period of time without any apparent reason rights of our client and of many others num- erty of the elderly population of the sector or motive, but to scare and cause fear in peo- bering in the thousands. being impacted by the Via Verde project by ple of 80 or 90 years old with cardiac and hy- If you have any doubts or questions, please way of illegal trespassing into the properties pertensive medical conditions which, in do not hesitate to contact us. of the elderly under the false pretext of many cases have never been outside the Cordially, measuring a non existing right of way, ille- rural areas and therefore never been exposed ROSSANA LO´ PEZ LEON´ , MSG, gal trespassing into the homes of the elderly to a helicopter’s noise and ‘‘buzzing’’. These Ombudsman for the Elderly. with fraudulent pretenses to generate a writ- ‘‘buzzing’’ flights are being conducted day ten authorization from the elderly to allow and intermittently at night under the 500 COMMONWEALTH OF PUERTO RICO, and permit a consented purchase of their feet limit without any cause or reasonable PUERTO RICO OFFICE OF THE OM- property to the Commonwealth and PREPA explanation. BUDSMAN FOR THE ELDERLY, well below market value of the property, These repetitive violations have become a San Juan, Puerto Rico, April 25, 2011. without granting the elderly the opportunity danger to the lives, health, rights and prop- Re: Complaint by The Puerto Rico Office Of to seek counsel, a recent appraisal of their erty of the elderly population of the sector The Ombudsman For The Elderly property or to contest the eminent domain being impacted by the Via Verde project by Against The Commonwealth of Puerto procedure which they are threatened with if way of illegal trespassing into the properties Rico and The Puerto Rico Energy Power they do not grant a ‘‘voluntary’’ consent to of the elderly under the false pretext of Authority. sell their properties. measuring a nonexisting right of way, illegal U.S. ARMY CORPS OF ENGINEERS, Furthermore, most of the elderly popu- trespassing into the homes of the elderly South Atlantic Division, lation residing in the impacted areas receive with fraudulent pretenses to generate a writ- Jacksonville, FL. their water supply from private or public ten authorization from the elderly to allow U.S. ARMY CORPS OF ENGINEERS, reservoirs that are a huge part of the under- and permit a consented purchase of their South Atlantic Division, ground karstic region. It has been evidenced property to the Commonwealth and PREPA Atlanta, Georgia. by the detractors of the Via Verde project well below market value of the property, DEAR SIR: The Puerto Rico Office Of The that the underground water supply will be without granting the elderly the opportunity Ombudsman For The Elderly (herein after contaminated by bentonite, polymers, to seek counsel, a recent appraisal of their OPPEA) represented by the undersigned, surfactants and dye tracers which would property or to contest the eminent domain Hon. Rossana Lo´ pez Leo´ n, is the ‘‘state unit render the underground water supply con- procedure which they are threatened with if on aging of Puerto Rico’’ in charge of enact- taminated and useless for human consump- they do not grant a ‘‘voluntary’’ consent to ing the Older Americans Act by virtue of the tion. The Corps must be aware that there no sell their properties. provisions of Act No. 203 of August 7, 2004, as other source of water for these elderly resi- Furthermore, most of the elderly popu- well as by the ‘‘Bill of Rights for Aged Per- dents of the region since in many parts of lation residing in the impacted areas receive sons in Puerto Rico’’, Act No. 121 of July 12, the rural regions where they reside the Com- their water supply from private or public 1986, as amended. monwealth does not provide a source of reservoirs that are a huge part of the under- OPPEA, upon attending to the needs of water. ground karstic region. It has been evidenced this specific population, acts as an enabling Moreover, although alternative sites or by the detractors of the Via Verde project agent in the search for a better quality of projects have been proposed to the Common- that the underground water supply will be life for these residents, who on occasion are wealth, to no avail. contaminated by bentonite, polymers, deprived of their civil and human rights as Our client has sworn statements from surfactants and dye tracers which would members of our society for which it receives many of the elderly population being seri- render the underground water supply con- substantial federal funds. As a matter of ously affected by the actions undertaken by

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6621 Commonwealth and PREPA as well as a psy- Mr. QUIGLEY. Mr. Speaker, in the these are the very same concerns we chological study of the adverse effect that great debate over oil and gas prices, have with an overarching reliance and these actions have caused on the general el- there are actually many things we can addiction to foreign oil. derly population of the areas impacted by the Via Verde project. all agree on. We agree our dependence H.R. 1229 and H.R. 1230 supplant our Understanding that these actions and poli- on foreign oil endangers our environ- national environmental policies, tell cies are an open violation of the Older Amer- ment, hurts our economy, and weakens residents along our coasts we don’t ican Act and the federal statutes and regula- our national security. Our disagree- care how they feel about drilling in tions of which you are particularly in charge ment lies in potential solutions. their waters, damage the ecosystems of administering, we request a formal filing I believe that in order to lower gas the industries along our coasts rely on, of this complaint before the Corps. If you have any doubts or questions, please prices, we can and must crack down on and go against what military experts do not hesitate to contact our office at (787) oil speculators, end Big Oil handouts, have been saying about drilling. 721–6121. invest in public transit and electric ve- Just weeks ago, several former mili- Cordially, hicles, and increase corporate average tary officers shared their thoughts and ROSSANA LO´ PEZ LEO´ N, MSG, fuel economy standards. The other side concern. ‘‘America’s dependence on oil Ombudsman for the Elderly. of the argument would have you be- constitutes a clear and present danger f lieve that all we need to do is increase to the security and welfare of the ABORTION DEBATE our domestic oil resources and remove United States.’’ And they continue to regulations—regulations that purport- say they are concerned with congres- The SPEAKER pro tempore. The edly forced us to look outside our Na- sional efforts to undermine the agen- Chair recognizes the gentleman from tion’s borders for oil. cies charged with overseeing extrac- Oklahoma (Mr. LANKFORD) for 5 min- Our answers do not lie in more oil. utes. tion. What they are saying is it’s im- Mr. LANKFORD. Abortion is one of Our answers lie in conservation and portant to reduce our dependence on the most divisive issues in America. smart investments. foreign oil for our national security’s One side sees the child in the womb as Talk about smart investment—every sake, and it’s important to retain regu- nothing but tissue, like a skin mole, increase of 1 mile per gallon in auto latory authority to oversee drilling and and no one should tell a women when fuel efficiency yields more oil than can extraction of oil and gas. Then, you fol- and if she can have an unnecessary and be found in two Arctic National Wild- low that it’s important to regulate our inconvenient tissue removed from her life Refuges. An improvement right extraction in order to protect our Na- body. The other side looks at that ‘‘tis- now of 2.7 miles per gallon would elimi- tion. sue’’ in the womb and sees it sucking nate our need for all Persian Gulf oil. These bills do not offer solutions. its thumb, reacting to her mother sing- But it’s not a question of simple do- And what is worse, a full year fol- ing, and possessing unique DNA, and mestic supply and demand either, an- lowing the disaster of the Macondo/ asks the question: How can that not be other argument the other side of this Deepwater well, we have yet to reform a child? issue will use. Oil prices are set on a our Outer Continental Shelf policy. The debate about life will not be re- global oil market. Historically, such But, again, you don’t need to take my solved today, though for the sake of small increases in U.S. production have word for it. millions of children who will die in the had little or no impact on world oil The U.S. Energy Information Admin- womb in abortion clinics, I wish it prices. istration put out a 2009 report com- could have been resolved yesterday. The U.S. Energy Information Admin- paring the difference between full, un- H.R. 3, which we will be discussing all istration, or EIA, states in a 2008 report restricted offshore drilling and re- day today asks the question: Should that Arctic Refuge oil production ‘‘is stricted offshore drilling. EIA found the Federal Government ever use tax- not expected to have a large impact on that in 2020, restrictions on drilling payer dollars to pay for or supplement world oil prices,’’ noting that OPEC versus unrestricted access had no im- abortions? ‘‘could neutralize any potential price pact on cost. The cost per barrel was When the Nation is so divided over impact of ANWR coastal plain produc- identical. In 2030, indiscriminate drill- this issue, isn’t it common sense not to tion by reducing its exports by an ing would lower our gas prices by just force a person who is passionately op- equal amount.’’ 3 cents. posed to the death of the unborn to as- Again, our answer does not lie in in- Take the calls for drilling in the Arc- sist in paying for the procedure? creased domestic oil production. Our tic Refuge as another example. Even at H.R. 3 also protects the conscience of answer lies in conservation and in a peak production in 2030, Arctic Refuge health care providers to not be forced solid commitment to investment in re- oil would account for six-tenths of 1 to perform a procedure that they be- newable energy resources. percent of world oil production and lieve violates their most basic oath: Do Recent increases in conservation and only 2.4 percent of U.S. oil consump- no harm. use of alternative technologies has cut Each year, this Congress votes to tion. our Nation’s projected need for im- We can proactively move our Nation prohibit abortion funding through our ported oil between now and 2050 by appropriations process. It’s time that toward reducing our dependence on for- more than 100 billion barrels. That’s 10 we settled this issue permanently and eign oil so that we can take control of times more benefit that we might be clearly. No taxpayer funding, support, our energy future, protect our Nation, able to get during the same period from or tax incentives of abortion in any our economy, and our environment. the Arctic National Wildlife Refuge, way for this year, in any future year. And we must. In a day of skyrocketing debt, how without sacrificing one of our Nation’s f most valued wilderness ecosystems. can we justify supplementing abortion SPENDING-DRIVEN DEBT CRISIS and saying that it’s a necessary and es- In the past few years, we’ve taken sential element of government? I think small steps to focus on conservation The SPEAKER pro tempore. The we cannot. rather than production. In late 2007, Chair recognizes the gentlewoman from This is time to resolve this issue. I corporate average fuel standards, com- North Carolina (Ms. FOXX) for 5 min- strongly encourage my colleagues to monly known as CAFE standards, re- utes. support H.R. 3 today in that vote. ceived their first overhaul in more Ms. FOXX. If your car is speeding f than 30 years. This was a huge step in into a ditch, the only thing to do to the right direction, but there remains survive is to slam the brakes as fast OUR DEPENDENCE ON FOREIGN much work to do. and hard as you can. Anything else OIL The bills we will consider in the com- only stalls the disaster to come. The SPEAKER pro tempore. The ing week will endanger our environ- At this moment, America is speeding Chair recognizes the gentleman from ment, hurt our economy, and weaken into bankruptcy, and the only way to Illinois (Mr. QUIGLEY) for 5 minutes. our national security. It seems to me stop the descent and save our country

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6622 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 is to slam the brakes on government cal policies, but we also need to make ing the first 3 months of the year spending and set our Nation on a brand sure that, in the process, we do not kill alone. That’s a 69 percent increase over new fiscal trajectory. thousands of jobs and hurt millions of the same time frame from last year. Critical times call for critical meas- American families. A budget, as far as Other companies have enjoyed the ures. The American people deserve hon- I’m concerned, is a moral document. It same increases, all while continuing to est and courageous leadership from should be a declaration of our coun- receive $4 billion annually in subsidies. Washington that will act to save the try’s priorities. But the Republican Mr. Speaker, we’re Americans. We future of our great Nation. budget does anything but that. It hurts can disagree, but we’re supposed to be fighting for this country. We need to b 1020 our most vulnerable citizens while giving tax breaks to our oil companies. make sure we protect our seniors. We The Path to Prosperity would lift the I spent over 33 years as a nurse before need to make sure we have jobs. We crushing burden of record high debt, I came to Congress, and let me tell need to make sure that we keep this spur economic growth and job creation, you, the one thing that strikes me country safe. and fulfill our Nation’s obligations to every week when I come down to Wash- God bless America. the health and retirement security of ington is the disconnect that I see be- The oil companies aren’t struggling compa- every American. tween a lot of the politicians here and nies in need of a helping hand. They’re com- With the Path to Prosperity, the the people who are back home strug- panies with huge profits receiving billions of budget that Republicans adopted in the gling in their districts. dollars in wasteful government spending. House 2 weeks ago, Americans will be The budget that was passed by Re- I’m not a person who is against drilling. back on the road to more jobs for today publicans is absolutely out of touch I believe that we need a comprehensive en- and a bankrupt-free nation for tomor- with the people back in my district. ergy policy that takes advantage of clean en- row. How in the world can you undermine ergy, but also takes advantage of the natural f the health and well-being of our seniors resources that we’ve been blessed with. at the same time that you continue to I also believe that we need to be aggressive GAS PRICES AND MEDICARE give the richest companies on the plan- in taking on the oil speculators who are prof- The SPEAKER pro tempore. The et tax breaks? That’s not what the peo- iting from the ballooning price of oil. Chair recognizes the gentlewoman from ple in my district want. The seniors, But what I find particularly abhorrent is that, New York (Mrs. MCCARTHY) for 5 min- and all the people in my district, want at a time where Republicans are claiming that utes. health care. They feel like that as they our country’s fiscal problems are an excuse Mrs. MCCARTHY of New York. Mr. get older, they want the peace of mind for us to undermine the needs of our seniors, Speaker, before I begin to share my to know that they have access to the many of whom live month-to-month, we are at thoughts this morning about how the greatest health care system in the the same time giving oil companies $4 billion Republican budget is a blow to our world. They’ve paid for that right. As in tax breaks. American ideas and priorities, I would they worked throughout their life, Those are not the priorities that I believe in. be remiss if I didn’t use this oppor- they paid into the Medicare system. And those are not the priorities that my con- tunity to praise our men and women in They believe that they have the right stituents believe in. uniform, our President, and his advis- to Medicare, and I agree with them. A budget is a moral document of our prior- ers for the extraordinary courage and Yet the Republican budget fun- ities. It should say something about a coun- capability they all demonstrated in the damentally undermines that right. The try’s values. mission that put an end to Osama bin Republican budget ends Medicare as we That’s why, to turn back to Sunday for a Laden on Sunday. know it. It eliminates guaranteed cov- second, that heroic rescue said so much Being from New York, we know first- erage for our seniors and turns the pro- about our country. Americans persevere, Americans fight for hand of the consequences of this hor- gram into a voucher program. This is a their values, and Americans are unrelenting in rible, horrible action that Osama bin drastic, drastic concept. Laden took on September 11, 2001. I Let’s not try to pretty things up their efforts. can’t tell you how many families in my here. Republicans are essentially push- But we do those things because we want congressional district were hurt, lost ing seniors into the private market- safety and security for our families. We want to see our children and grand- their loved ones, children becoming or- place where they will pay more and get children grow up in a country where fairness phans in ways that it is going to take less. As health care keeps rising with and equity is the order of the day. them years, if forever, to recover. inflation, these vouchers will not keep The Republican budget is not about fairness That is why Sunday was so impor- pace. As the Congressional Budget Of- and equity. tant. It was a moment in history, our fice has said, Medicare beneficiaries It is about hurting our seniors—and doing so history. We told the world as Ameri- would bear a much larger share of their in order to give oil companies, who are cans, we’re going to fight not only for health care costs. The result would be wealthy beyond belief, additional tax breaks. each other but we’re going to fight for absolutely awful for our seniors. We That’s not just. our rights, our ideals that are at the are going to see our parents and our That’s not fair. core of our very being. sisters and our brothers faced with That is not what I came to Congress to fight I would hope that, in the aftermath awful choices: Are they going to pay for. of Sunday, we would be able to come higher premiums? Are they going to f together in the way that we did after have to get health plans that cover September 11. We need to find more less? Or, even worse, will they drop out STORM AND DISASTER RELIEF IN ways to come together. We need to and have no health care at all? NORTH CAROLINA work together for the good of our con- Cutting our health care system isn’t The SPEAKER pro tempore. The stituents, for the good of our country. the only way that families are being Chair recognizes the gentlewoman from But that doesn’t mean that we don’t hurt. The high price of gas is hurting North Carolina (Mrs. ELLMERS) for 5 have extraordinary differences of opin- families across this country and cer- minutes. ion, and that’s what I’m here to talk tainly in New York. Across the country Mrs. ELLMERS. Mr. Speaker, 2 about today. I’m here to talk about the and definitely on Long Island, the price weeks ago on Saturday, April 16, North budget that the House Republican ma- of gas has climbed way above $4. Yet in Carolina was struck with vicious tor- jority just passed—and I voted what is an absolutely mind-boggling nadoes that caused unprecedented de- against—on April 15. I believe that that position, Republicans in Congress still struction and despair throughout the budget is a document that lays out the refuse to allow a vote to repeal the bil- State and in my district. The loss of wrong priorities. lions of dollars in taxpayer money that property will take years to rebuild, but Trust me when I say that I’m as anx- oil companies are getting. Exxon, for the lives that were lost can never be re- ious as anyone about our Nation’s fis- instance, just took in $10.7 billion dur- placed. In an instant, lives were cut

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6623 short, leaving families with a gaping economic downturns, innovation has a heated campaign, focusing in large hole that can never be filled. With over been the catalyst. Time and again, in- measure over the United States’ in- 24 deaths throughout the State, this ventive ideas have led to new products, volvement in the war in Vietnam, tragedy has touched each of us on a generating a wave of job creation and which he supported and Mark Hatfield personal level. putting us on a path back to pros- opposed. A significant development was Our district was hit especially hard perity. the endorsement of then-Democratic with six of our 10 counties affected, but This year, I have joined with my col- U.S. Senator Wayne Morris of Repub- thanks to the resources provided by leagues on the Small Business Com- lican Hatfield, which many experts feel President Obama’s emergency declara- mittee to introduce a full 3-year reau- provided the narrow margin of victory tion and officials at FEMA, we have thorization of the SBIR program. As for Hatfield. Later, Bob almost won the been able to turn this tragedy into a Congress looks for ways to reduce Democratic primary against Wayne swift recovery. spending yet keep America globally Worse when he ran for reelection 2 On behalf of all North Carolinians, I competitive, the SBIR program is that years later sending shockwaves that would like to thank the officials at rare piece of legislation that can ac- reverberated for a decade. FEMA, the American Red Cross, the complish both goals simultaneously. I first had the opportunity to work Small Business Administration, and At its most fundamental, the SBIR with Bob Duncan when I was directing emergency first responders for taking program provides valuable seed money a campaign to lower Oregon’s voting swift action and providing our district for entrepreneurs who are willing to age in 1969, and he was a zealous sup- with supplies, funding, and on-the-spot explore untested concepts and, ulti- porter of engaging young people in the guidance for victims. mately, develop new products. Addi- political process. While we still have a tough road tionally, it solves one of the primary In 1974, Bob again made history by ahead, our district can take heart in concerns facing small businesses being the first Oregonian to represent 2 the fact that every step is being taken today—access to capital. This reau- different districts in Congress as he to ensure that help will reach everyone thorization would make important was elected to the Third Congressional affected and in a swift and efficient changes to the current program that District, which I am now privileged to manner. I hope that all Americans will will allow more entrepreneurs to par- represent. He continued for another 6 keep the residents and families of ticipate by allowing companies that re- years of distinguished service, serving North Carolina and those families in ceive funding from multiple venture on the Appropriations Committee. Alabama and the other States that capital groups to competitively apply After leaving Congress in 1981, Bob have been so terribly affected in their for a portion of SBIR grants. returned to private practice as a law- prayers as we continue to work in the Reauthorization of SBIR will allow yer in Portland and Washington, D.C., rescue effort going forward. us to continue to foster research and and later served on the Northwest Thank you. God bless America. innovation that will translate into a Planning Power Council. f wealth of new employment opportuni- Bob had many passions in his life but ties and economic growth for western none more important than his family. SMALL BUSINESS INNOVATION Pennsylvania and all of America. I He was married 48 years to Marijane RESEARCH hope my colleagues will join me in sup- until her death in 1989, and later, he The SPEAKER pro tempore. The porting this bipartisan legislation that married Kathy Boe and found many Chair recognizes the gentleman from encourages creativity and ensures years of happiness. Bob had seven chil- Pennsylvania (Mr. ALTMIRE) for 5 min- America will stay a global leader in in- dren who survive him: Nancy, Angus, utes. novation for years to come. David, Jamie, Laurie, Bonnie and Mr. ALTMIRE. Mr. Speaker, I rise f Jeanne. today in support of the Small Business HONORING THE LIFE OF FORMER He was by turns a stubborn political Innovation Research program. For over CONGRESSMAN ROBERT B. DUN- animal, generous of spirit, with a leg- a quarter century, SBIR has been key CAN acy for courage strengthened by his to American competitiveness around convictions. He was a man of great the world. It has provided quality re- The SPEAKER pro tempore. The humor, intellect, and conviction. He search, spurred technological advance- Chair recognizes the gentleman from was also thrifty to an extent that is ments, and allowed innovative small Oregon (Mr. BLUMENAUER) for 5 min- legendary to family and friends and businesses to partner with the govern- utes. many of his constituents. Until the end ment for the development of some of Mr. BLUMENAUER. Mr. Speaker, I of his life I would still get letters from today’s most cutting-edge goods and rise this morning to comment on the him with a series of 3-cent stamps and services. passing of a dear friend and Oregon the old congressional return address on The region I represent in western icon, former Congressman Robert Dun- the envelope scratched over. But he Pennsylvania is home to a number of can, who died last week at age 90. Bob was very careful with the taxpayer companies that have benefited from served his Nation with distinction be- money in his Appropriations Com- the SBIR program, yet these compa- ginning with his service during World mittee to an extent that sometimes nies have been faced with uncertainty War II in both the merchant marine drove even his supporters to distrac- over the past few years because Con- and the U.S. Navy. After graduating tion. gress has failed to act on a full reau- from the University of Michigan Law He leaves a legacy for courage, pas- thorization. Short-term extensions are School, he settled in Medford, Oregon, sion for justice, and accomplishment of putting the future of research and de- with his wife Marijane. He was a State decades of service, particularly a dec- velopment at risk. In this fragile econ- legislator from that community. He ade in two very different congressional omy, Congress owes it to these served two terms as speaker for the districts that were united in the admi- innovators to give them the certainty first time in Oregon history. ration of this dedicated public servant. they need to fully pursue their ideas. From there, he went to serve in Con- He will be missed, but fondly remem- gress, representing the Fourth Con- bered. b 1030 gressional District in southwest Or- I have supported legislation to reau- egon until he was persuaded by Presi- f thorize this program for the past 4 dent Lyndon Johnson to leave Congress years because I understand the impor- to run for a vacated U.S. Senate seat RAPIDLY RISING GAS PRICES tance of innovation and the Federal against Governor Mark Hatfield. In a The SPEAKER pro tempore. The Government’s unique role in creating a campaign that defined Oregon politics Chair recognizes the gentleman from fertile climate for it. In the past, when- for over a decade, Bob lost narrowly to Rhode Island (Mr. LANGEVIN) for 5 min- ever our Nation has bounced back from Mark Hatfield in, to say the very least, utes.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6624 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 Mr. LANGEVIN. Mr. Speaker, I rise risk by expediting critical safety re- set forth in July of 1776 that all people today to urge my colleagues to join to- views. are ‘‘endowed by their Creator with gether to immediately address one of None of this, of course, lessens the certain unalienable rights, that among the greatest problems facing our fami- urgency of switching to alternative these are life, liberty and the pursuit of lies and small business right now; that fuels. happiness.’’ is, rapidly rising gas prices. During this session of the 112th Con- b 1040 As I traveled across Rhode Island gress in this, the people’s House, may during the district work period, the The U.S. has only 1.4 percent of the the hearts of these duly elected Rep- issue of high gas prices was never far world’s proven oil reserves but cur- resentatives be blessed with the integ- from anyone’s mind. It affects every rently consumes 22 percent of the rity of purpose and the steadfast com- family’s bottom line and the budgets of world’s oil. mitment to seek and serve the people small businesses that are still recov- In the long run, we will remain sus- of the United States of America for the ering from the recession. ceptible to repeats of the current crisis betterment of this country and the As our fragile economy continues, it unless we take every opportunity to world. is imperative that we work to find so- decrease our dependence on oil. Now I We ask this all in the name of the lutions in the short term as we turn want to highlight one important initia- one God, the God of all nations. Amen. our attention towards a serious, long- tive in my State that involves public f term solution to reduce our demand for transportation. The Rhode Island Pub- oil. Our Nation simply cannot have low lic Transit Authority acquired just re- THE JOURNAL gas prices without reducing the cently 53 new hybrid buses and is up- The SPEAKER. The Chair has exam- amount of oil that we use. grading 10 trolleys to hybrid propul- ined the Journal of the last day’s pro- We remain in constant competition sion, and we should encourage others ceedings and announces to the House right now with India, China, and other to follow their lead. RIPTA expects his approval thereof. developing Nations, and the world does that their new hybrid fleet will save Pursuant to clause 1, rule I, the Jour- not have the resources to continue to them approximately 20 percent on fuel nal stands approved. supply us all with cheap oil, especially usage, which will help prevent price in- with disruptions in the Middle East creases and route closures. f that continue to affect production. We should build on the success in PLEDGE OF ALLEGIANCE I supported the American Clean En- Rhode Island nationally by requiring ergy and Security Act last session be- specific hybrid and fuel efficiency The SPEAKER. Will the gentleman cause it took steps to immediately re- standards for any vehicles involved in from Ohio (Mr. JOHNSON) come forward duce demand through improved vehicle Federal grant programs. Complicated and lead the House in the Pledge of Al- fuel economy standards and energy ef- problems, like the price of gasoline, legiance. ficient technology in our buildings and often require difficult solutions. But Mr. JOHNSON of Ohio led the Pledge homes, while investing in clean energy, we cannot let this prevent us from of Allegiance as follows: including an increased commitment to moving forward and delivering to our I pledge allegiance to the Flag of the the research and development of off- constituents who cannot afford these United States of America, and to the Repub- shore wind. lic for which it stands, one nation under God, costs or a slowed economic recovery. indivisible, with liberty and justice for all. We should put our money behind Mr. Speaker, I urge my colleagues to those efforts instead of giving billions work together to enact short-term pro- f of dollars in tax breaks each year to oil visions and long-term solutions to ANNOUNCEMENT BY THE SPEAKER companies. As we just recently heard, bring relief to working families and ExxonMobil just reported first quarter small business. The SPEAKER. The Chair will enter- tain up to 15 requests for 1-minute earnings of $11 billion, a nearly 70 per- f cent increase, with other oil companies speeches from each side of the aisle. following closely behind. Mr. Speaker, RECESS f let’s eliminate subsidies for these big The SPEAKER pro tempore. Pursu- GAS PRICES corporations that don’t need our help. ant to clause 12(a) of rule I, the Chair In the short term, Congress must declares the House in recess until noon (Mr. JOHNSON of Ohio asked and partner with President Obama and sup- today. was given permission to address the port Attorney General Holder’s efforts Accordingly (at 10 o’clock and 41 House for 1 minute and to revise and to monitor oil and gas markets and minutes a.m.), the House stood in re- extend his remarks.) safeguard consumers against unlawful cess until noon. Mr. JOHNSON of Ohio. Mr. Speaker, practices. We also need stricter guide- the average for a gallon of gas in Ohio lines for speculators and getting specu- f is over $4 a gallon. In eastern and lators out of the market. We need b 1200 southeast Ohio, this is particularly guidelines for people who buy oil just hard on families who live in rural AFTER RECESS to sell it at a profit, perhaps by allow- areas. Farmers, ranchers, seniors, ing people to buy oil on the market The recess having expired, the House working families who have limited only if they can actually receive prod- was called to order by the Speaker at means of transportation—these high uct. noon. gas prices are having a negative impact Additionally, I urge my colleagues to f on everyone. The higher gas prices go, pressure oil companies to drill on do- the more of an impact it has on our mestic lands where they already have PRAYER economy and on our chances for a real existing leases. The industry right now Reverend Dr. Kurt Gerhard, St. Pat- economic recovery. is drilling on less than a quarter of the rick’s Episcopal Church, Washington, Small business owners are watching 80 million acres where it already has D.C., offered the following prayer: money they could otherwise invest in leases approved. While this is not a God of peace, Who called all people their businesses go to paying for fuel, long-term solution, we need responsible from every nation to seek reconcili- and working families are anxiously drilling on lands where there are exist- ation with each other for the good of redoing their budgets to account for ing leases. Now, this is, I believe, a creation, inspire in us the will to per- higher fuel costs and looking for ways faster, fairer, and safer path to more severe, through moments of conflict, to to cut back. domestic production, unlike legislation seek common ground. We’re blessed with an abundance of on the floor this week which will put Bless this country and all its leaders natural resources in Ohio. We’re one of oil rig workers and the environment at in the continued fulfillment of a vision the highest coal-producing areas, and

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6625 with the Marcellus shale right next ple to get a full understanding of what There cannot be true peace as long as door in West Virginia, we’re poised to Pakistan knew about bin Laden’s Hamas holds up Osama bin Laden and make an enormous contribution to whereabouts and when they knew it, other terrorists as heroes. The Pales- making America self-sufficient in en- before we give them any more Amer- tinian people must recognize that ha- ergy. We need an energy strategy that ican money. Congress has already ap- tred and terrorism will never bring will help us become energy self-suffi- propriated $3 billion in aid to Pakistan them true peace and true independ- cient so we stop relying on other coun- for this year; and unless Pakistan can ence. tries to meet our energy needs. prove that they were not providing f Now is the time to levy a sanctuary for America’s number one COMMEMORATING JEWISH ‘‘permatorium’’ on developing Amer- enemy, they should not receive any AMERICAN HERITAGE MONTH ican energy resources. Let’s open up American aid. our American resources and put our And that’s just the way it is. (Mr. CICILLINE asked and was given country on the path to ensuring our en- f permission to address the House for 1 ergy security, instead of continuing to minute.) rely on foreign sources for energy. OPPOSE H.R. 3 Mr. CICILLINE. Madam Speaker, I f (Ms. TSONGAS asked and was given rise today to honor and recognize the permission to address the House for 1 rich history of the Jewish American WE MUST NOT PASS H.R. 3 minute.) experience in the United States as we (Mr. QUIGLEY asked and was given Ms. TSONGAS. Madam Speaker, I mark Jewish American Heritage permission to address the House for 1 rise in strong opposition to the major- Month. minute.) ity’s attempt to undermine a woman’s It is fitting that the words of the Mr. QUIGLEY. Madam Speaker, I right to choose, a right that is funda- Jewish American poet, Emma Lazarus, rise today in opposition to H.R. 3 and mental to a woman’s freedom. are immortalized on the Statue of Lib- to remind my colleagues of two key H.R. 3 would raise taxes on any erty, ‘‘Give me your tired, your poor, dates. American whose employer-sponsored your huddled masses yearning to January 20, 2011, the day H.R. 3 was health care plan provides coverage for breathe free,’’ because here in the introduced. Just 3 months ago, the au- an abortion. It eliminates Americans’ United States we recognize the power- thors of this extremist, offensive bill right to use their own funds in health ful impact of the Jewish American ex- introduced a version of H.R. 3 that savings accounts for a legal abortion perience—people who escaped persecu- would have redefined rape and incest. unless they can prove to the IRS that tion, arrived here as immigrants and They don’t want us to remember, but they were victims of rape or incest. prospered. we cannot forget 173 Members of Con- This legislation allows a hospital to Jewish Americans formed strong gress signed their names to a bill that refuse to perform an emergency abor- communities, became involved in their would have redefined rape to exclude tion, even if a woman would die with- neighborhoods, and have made lasting women who are unconscious, mentally out it. It would allow doctors to refuse contributions to our country. Jewish disabled, or forced into sex by threat. abortion services, even if a pregnancy Americans represent some of this coun- The authors of this bill would also threatens a woman’s health. And this try’s, and indeed the world’s, foremost like us to forget another important law makes radical changes to the way innovators in health and science, busi- date: January 22, 1973. On that day, the we treat survivors of rape and even ness and industry, politics and govern- Supreme Court ruled that women have how we define rape. ment, arts and culture. This spirit is the right to make their own decisions My colleagues say that they are for also found in many Jewish Americans about their own bodies and their own no new taxes and for preserving life, who work tirelessly to seek a better lives. life for future generations. But we will not forget that date, and but this legislation belies that claim. f In celebrating the many milestones we will not forget the 173 Members of of Jewish Americans this month, we this body who want to redefine rape HAMAS MERGER honor the lives, work, and rich history and incest, and we will not turn back (Mr. PITTS asked and was given per- of Jewish Americans throughout our the clock to a time when women could mission to address the House for 1 Nation. And that’s why this month we not make their own choices and access minute and to revise and extend his re- take time to remember the unique vital care. marks.) Jewish American identity, steeped in We will not forget. We will not go Mr. PITTS. Madam Speaker, the history and faith, and their tremen- back, and we must not pass H.R. 3. news that Osama bin Laden had been dously important contributions to our f killed by U.S. forces on Sunday Nation. NAVY SEALS 1—BIN LADEN—0 brought reassurance to many around f the world that justice had finally been (Mr. POE of Texas asked and was b 1210 given permission to address the House served. A man responsible for the for 1 minute.) deaths of thousands of innocent people SHALE NATURAL GAS Mr. POE of Texas. Madam Speaker, of all races and religions had been lo- (Mr. REED asked and was given per- Osama bin Laden has met his maker, cated and eliminated. However, not ev- mission to address the House for 1 and we appreciate the Navy SEALs for eryone saw it the same way. minute and to revise and extend his re- arranging the meeting, but Pakistan Ismail Haniyeh, leader of Hamas in marks.) gives us some concern. It seems like Gaza, called bin Laden a sheikh and Mr. REED. Madam Speaker, I rise Pakistan might be playing both sides, said, ‘‘We condemn the assassination today to bring attention to the plenti- and they have a lot of explaining to do. and the killing of an Arab holy war- ful natural gas reserves that we have in For all these years, we believed that rior.’’ This comes the same week that the United States. Many of my col- Osama bin Laden was on the run, living Palestinian political parties Hamas leagues may not be aware of two stud- in a cave; but, apparently, Satan’s and Fatah have reconciled and formed ies which recently highlighted the Pawn has been living for years in a a unity government. abundance of this clean-burning domes- million-dollar compound just yards How can the United States provide tic fuel source which holds so much away from a Pakistani military base, aid to a unity government if one of its promise. but Pakistan claims no knowledge of most important leaders praises a mass The first study I would like to draw Osama bin Laden’s whereabouts. I just murderer? How can Israel negotiate attention to is the Energy Information don’t buy it. treaties with a government composed Administration’s Energy Outlook 2011, I’ve introduced a bill that would re- of a party that is actively seeking its which analyzes energy production, con- quire Congress and the American peo- destruction? sumption, technology, market supply

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6626 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 and demand, and the direction those ing them to drop their health insur- right to choose, and I urge my col- trends may take in the future. The out- ance plan. leagues to vote ‘‘no’’ on this bill later look anticipates strong growth in the H.R. 3 is an unprecedented attempt today. natural gas development and consump- to deny access to full reproductive f tion because of development of shale care. I urge my colleagues to vote ‘‘no’’ WHEN WILL THE REPUBLICANS gas resources. The outlook notes that on this radical antichoice bill. WORK ON RESTORING JOBS? growth in natural gas would not be per- f missible but for the combination of (Mr. HIMES asked and was given per- TAX PENALTIES ON WOMEN’S horizontal drilling and hydraulic frac- mission to address the House for 1 HEALTH turing technologies which have made minute and to revise and extend his re- shale gas economical to produce. The (Ms. RICHARDSON asked and was marks.) outlook finds that hydraulic fracturing given permission to address the House Mr. HIMES. Madam Speaker, I rise and horizontal drilling have led to an for 1 minute and to revise and extend this morning with a question, which is: average annual growth rate of 48 per- her remarks.) What are we doing? What are we doing cent in the time period from of 2006 to Ms. RICHARDSON. Madam Speaker, here? Like all 434 of my colleagues, I 2010. I rise today in strong opposition to just spent 2 weeks at home listening to The second study I would like to H.R. 3. This deceptively titled legisla- my constituents, and I heard one mes- mention is the American Gas Associa- tion is nothing more than an assault on sage: Do everything you can. Don’t let tion’s Potential Gas Committee 2010 bi- women’s access to health care. a second go by. Work to restore jobs in ennial report. If enacted, this legislation would se- this country. Improve the economy. This report highlights the potential supply of verely curtail women’s access to repro- And I get down here on Monday, and natural gas in the United States. To be spe- ductive health care services. What what did we do this week? We voted in cific, the report finds that the Untied States would it do? It would impose tax pen- this Chamber to eliminate funding for possesses an untapped natural gas resource alties on women. It would narrow the school-based health centers, funding potential of 1,898 trillion cubic feet. This is the already restrictive areas that the Hyde for kids who don’t have any other way highest resource evaluation in the Potential amendment has dealt with. And fur- to see a doctor. Today, thanks to the Gas Committee’s 46 year history. ther, what I find most alarming, it Republican majority, we will vote to My Congressional District in New York State would attack the coverage for Federal try to scale back the right of women to overlays a formation known as the Marcellus employees, including women who serve have access to reproductive health Shale. This shale play is one of the leading in the military. Where is all of our ap- care. And later on this week, we are contributors to the rapid growth in estimates of plause now? going to take up measures that will recoverable natural gas in the United States. The Hyde amendment clearly states keep the gravy train flowing to the oil By developing and utilizing these massive that no taxpayer dollars are to be used companies, the $4 billion in our tax- natural gas reserves, we can begin to reduce for abortion care and has narrowly pro- payer money that goes to companies our dependence on foreign oil, and thus over vided exceptions that state for rape, in- like ExxonMobil, which last week re- time, reduce the cost of gasoline. As we all cest, and health complications that ported $10 billion in profits. I’m glad know, American producers and consumers are arise from pregnancy which would put ExxonMobil is making money, but you paying a heavy price as the cost of gasoline a mother’s life in danger. Are we know what? They don’t need ours. continues to rise. Everything costs more to against that? So what are we doing? When is the produce, more to transport, and more to pur- I urge my colleagues to vote ‘‘no’’ on Republican majority going to get seri- chase. this bill resoundingly, ‘‘no’’ on H.R. 3. ous about the one thing that my con- Reducing our dependence on foreign oil is f stituents care about—jobs? both a national security issue and an eco- ABORTION COVERAGE f nomic issue. I urge my colleagues to consider NEW HEALTH INSURANCE TAX these reports and support policies that will (Mr. PETERS asked and was given lead to the development of these valuable re- permission to address the House for 1 (Ms. SCHAKOWSKY asked and was sources. minute.) given permission to address the House f Mr. PETERS. The people in Michigan for 1 minute.) are clear: Our number one priority is Ms. SCHAKOWSKY. I rise in strong VOTE ‘‘NO’’ ON H.R. 3 jobs. And yet the Republican majority opposition to H.R. 3. (Ms. BASS of California asked and here in Washington is once again ignor- You know, Republicans say that they was given permission to address the ing the economy and pushing a bill are for smaller government, but that House for 1 minute.) that raises taxes and attacks women’s ends when it comes to women. In order Ms. BASS of California. Madam health care choices. Current law al- to curtail women’s reproductive rights, Speaker, I rise in strong opposition to ready prohibits Federal funds from cov- it isn’t enough to prevent the public H.R. 3, which the House will vote on ering abortion services, and it has for dollars from helping poor women end a later today. 30 years. Now Republicans want to stop dangerous or unplanned pregnancy. After voting last month to end Medi- private insurers from offering cov- That’s already the law: no public care, as we know it, for seniors, today erage, and they want to ban women money for abortions. But now they are the majority is attacking women’s re- from purchasing a comprehensive going to raise taxes on small busi- productive freedom. For the last 3 health care plan with their own money. nesses, telling them that if they offer a months, we have watched as the major- H.R. 3 is not about taxpayer funding, health plan for men or women that has ity party has consistently attacked the and it’s certainly not about reducing the gall to cover abortions—and, by the right of women to receive comprehen- the deficit. It is an extreme plan that way, that’s about 90 percent of plans sive health care, and today is no dif- will raise taxes on any person or busi- that cover all legal procedures—then ferent. ness that buys insurance that includes they can no longer get a tax break for H.R. 3 has outrageous provisions that abortion coverage. That’s right, if a offering such a plan. would end comprehensive private small business wants to treat women Raising taxes on businesses that offer health insurance coverage and reduce equally and guarantee them access to comprehensive health plans, that’s the women’s access to abortion care in legal health care services—paid for bill that’s up today. Now, even private many ways. H.R. 3 manipulates the Tax with their own money—that business money of individuals, both men and Code to restrict access to comprehen- will pay higher taxes. women, and businesses will now face a sive care. The bill raises taxes on indi- Do not be fooled by the talk about new tax. So, so much for small govern- viduals and small businesses with in- taxpayer funding. This bill is harmful ment and lower taxes that the Repub- surance plans that cover abortion, forc- to women’s health. It undermines the licans talk about.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6627 b 1220 VOTE ‘‘NO’’ ON H.R. 3 than last year. BP, Conoco, Shell, and THE NO TAXPAYER FUNDING FOR (Mr. FARR asked and was given per- Chevron already reported huge in- ABORTION ACT mission to address the House for 1 creases in profits. And we are still giv- minute and to revise and extend his re- ing them taxpayer-financed subsidies. (Ms. ESHOO asked and was given per- Last week, the chairman of the Budg- marks.) mission to address the House for 1 et Committee said he thinks we ought Mr. FARR. Madam Speaker, it ap- minute and to revise and extend her re- to do away with these subsidies. And pears that there are some in this body marks.) yet, he and the rest of the Republican Ms. ESHOO. Madam Speaker, I rise who believe that if you state a false- majority are pushing a budget that not today in opposition to H.R. 3, the No hood often enough people will believe only sustains those giveaways to oil Taxpayer Funding for Abortion Act. that it’s the truth. That’s what the bill companies, but also would lower taxes First of all, to imply that taxpayers before us is all about. It’s an attempt for billionaires, all at the expense of fund abortions today is a lie. No, not to legislate something that isn’t. our seniors, our students and our strug- one penny can be spent on abortions The proponents of H.R. 3 want you to gling families who are paying that $4 a because of the Hyde Amendment which believe that abortion is rampant in gallon all over the country. passed on September 30, 1976. America, and we spend zillions of Fed- We ought to do away with these sub- What this bill does is to play repro- eral dollars a year, and this bill will sidies, and the Democrats have intro- ductive roulette with the Tax Code. stop the use of those Federal funds. duced the Big Oil Welfare Repeal Act Under H.R. 3, if someone buys private This is a crock of baloney. to do just that. If we are serious about insurance that includes coverage for Everyone in this House knows that deficit reduction and equity in this abortions, they will be taxed. If some- Federal funds are not spent on abor- country and fairness, we will pass the one buys private insurance, using your tions. It’s been the law of this land for Big Oil Welfare Repeal Act, and we will own money, obviously, that doesn’t in- the last 35 years. H.R. 3 will have no ef- help to begin to return this country to clude coverage for abortions, then they fect, zero, nada, on the use of Federal having an economy that works for ev- can deduct the cost of the health plan funds for abortion services in America erybody, and not just for ExxonMobil. from their taxes. This would turn our because it’s the law under which we are f tax collection agency into a health already operating. THE NO TAXPAYER FUNDING FOR care policing agency. But what H.R. 3 will do is drastically ABORTION ACT I support a woman’s right to opt for codify an untruth. It will reach into or against abortion. The decision is pri- the pockets of women and prevent (Mr. HINCHEY asked and was given vate. It’s a matter of faith. It’s a mat- them from using their own money, permission to address the House for 1 ter of conscience, and our Constitution their own private money, on pur- minute.) recognizes this. chasing health care insurance which Mr. HINCHEY. Madam Speaker, I Make no mistake, this is an attack covers abortion services. rise in opposition to H.R. 3, which has on women’s health and it’s a giant step This is a mass intrusion into the pri- nothing to do with taxpayer funding of back for the equality we’ve worked so vate lives of people and to businesses. abortion. Right or wrong, Federal funding for abortion hasn’t been allowed for hard to achieve. This is wrong, this is It should be defeated. dangerous, and the House should op- more than 3 decades. f Instead, H.R. 3 has everything to do pose it. ASSAULT ON WOMEN’S HEALTH with infringing on the constitutionally f protected right to an abortion that has OPPOSING H.R. 3 (Mrs. LOWEY asked and was given been the law of the land for 38 years. permission to address the House for 1 (Mr. HOLT asked and was given per- For years we’ve been listening to Re- minute.) mission to address the House for 1 publicans call for smaller government, Mrs. LOWEY. Later today, the House less regulation, fewer taxes. But this minute and to revise and extend his re- will continue its extreme assault on bill represents the opposite of these marks.) women’s health. H.R. 3 would prevent Mr. HOLT. Madam Speaker, I also values. It’s more regulation on busi- small businesses and families from re- ness, more regulation on health care rise in strong opposition to H.R. 3. Our first priorities here in the House ceiving tax credits for private insur- decisions that should be left up to of Representatives must be helping fos- ance coverage that includes safe and women and their doctors. It’s more ter job creation and supporting middle- legal health procedures; allow hos- taxes on small business, more taxes on women. And it’s more control by anti- class families. Yet, more than 4 months pitals to deny lifesaving care to women; if audited, potentially require choice extremists in Washington. into this Congress, we have not consid- Finally, this bill isn’t about job cre- ered one bill, not one bill that would victims to prove to the IRS agents they were raped. ation either. Instead, it’s about bring- achieve these goals. ing up divisive legislation that has no Instead, we have before us today H.R. Most troubling, in the report accompanying the bill, radical Republicans hope of becoming law in order to divide 3, one of the centerpieces of the Repub- and distract the American people. lican agenda, and it would limit the want to limit the exception for rape victims who can access full legal It’s been 4 months, and still the new health care choices of women. majority here hasn’t brought a serious Now, even if all it did is what the health services to only forcible rape victims. bill about job creation to this floor for name implies, to prohibit Federal sub- a vote. It’s time to get back to the sidies for abortion, it would be redun- This bill to limit women’s health services is a shameful distraction from work of putting Americans back to dant, unnecessary and misguided. But work. Let’s do that. it’s much worse than that. In truth, the public’s top priority, creating jobs. f it’s an unprecedented and extreme at- f tempt to limit health insurance cov- NO TAXPAYER FUNDING FOR erage for American women, to raise BIG OIL WELFARE REPEAL ACT ABORTION ACT taxes on small businesses, to infringe (Mr. YARMUTH asked and was given Mr. NUGENT. Madam Speaker, by di- on the legally protected right of Amer- permission to address the House for 1 rection of the Committee on Rules, I ican servicewomen, to make this legal, minute.) call up House Resolution 237 and ask constitutionally protected medical pro- Mr. YARMUTH. Madam Speaker, for its immediate consideration. cedure inaccessible to women. with gas prices in my district in Louis- The Clerk read the resolution, as fol- I oppose H.R. 3, and urge my col- ville, Kentucky hitting $4, as they are lows: leagues to vote ‘‘no.’’ And I urge the all over the country, ExxonMobil just H. RES. 237 majority to get to work helping Ameri- reported earnings of $10.7 billion for Resolved, That upon the adoption of this cans to get to work. the quarter, almost 70 percent higher resolution it shall be in order to consider in

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6628 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 the House the bill (H.R. 3) to prohibit tax- that Federal funds should never be to vote ‘‘yes’’ on the rule and ‘‘yes’’ on payer funded abortions and to provide for used to pay for abortions or should the underlying bill. conscience protections, and for other pur- only be used to save the life of the I reserve the balance of my time. poses. All points of order against consider- mother—77 percent, Madam Speaker. Ms. SLAUGHTER. Madam Speaker, I ation of the bill are waived. In lieu of the amendment in the nature of a substitute rec- This number proves that even people yield myself such time as I may con- ommended by the Committee on the Judici- who support a woman’s right to choose sume. ary now printed in the bill, the amendment still believe that tax dollars should not We have had many misnamed bills, in the nature of a substitute printed in the pay for that choice. euphemistically called almost any- report of the Committee on Rules accom- Clearly the time has come to move thing to try to make some kind of panying this resolution shall be considered beyond this piecemeal approach and re- point, but this one does not have a as adopted. The bill, as amended, shall be form the way our Nation addresses this thing in the world to do with restrict- considered as read. All points of order very important and sensitive issue. ing Federal money used in abortions. against provisions in the bill, as amended, That has not been done for 30 years. are waived. The previous question shall be H.R. 3 simply codifies and makes per- considered as ordered on the bill, as amend- manent the policies that currently rely This bill actually says let’s try to ed, to final passage without intervening mo- upon regular, re-approval of Congress. make sure that no insurance compa- tion except: (1) one hour of debate with 40 Among the riders made permanent to nies in the country will ever cover minutes equally divided and controlled by H.R. 3 are: them again no matter what the cir- the chair and ranking minority member of the Hyde amendment, which pro- cumstances. the Committee on the Judiciary, 10 minutes hibits funding for elective abortion With no other medical procedure equally divided and controlled by the chair coverage through any program funded would we be even standing here talking and ranking minority member of the Com- through the annual Labor, Health and about what’s best for American citi- mittee on Ways and Means, and 10 minutes equally divided and controlled by the chair Human Services Appropriations Act; zens. In all my years in Congress, I and ranking minority member of the Com- the Helms amendment, which pro- have never had to debate a bill about mittee on Energy and Commerce; and (2) one hibits funding for abortion as a method how and when a patient can receive an motion to recommit with or without instruc- of family planning overseas; appendectomy nor a bill about how or tions. the Smith Federal Employee Health when a patient can receive corrective The SPEAKER pro tempore (Mrs. Benefit Plan amendment, which pro- surgery nor is it legal to have a vasec- MILLER of Michigan). The gentleman hibits funding for elective abortion tomy. from Florida is recognized for 1 hour. coverage for Federal employees; Yet here we are today debating a bill Mr. NUGENT. For the purpose of de- the Dornan amendment, which pro- that will reach far beyond the status bate only, I yield the customary 30 hibits the use of congressionally appro- quo and place restrictions on the con- minutes to the gentlewoman from New priated funds for abortion in the Dis- stitutionally protected right to access York (Ms. SLAUGHTER), pending which I trict of Columbia; reproductive health care. In the case of yield myself such time as I may con- the Hyde-Weldon conscience clause, abortion, it has been decided with this sume. During consideration of this res- which ensures that recipients of Fed- bill that they can dictate how and olution, all time yielded is for the pur- eral funding do not discriminate when a woman is allowed to receive re- pose of debate only. against doctors, nurses, and hospitals productive health care. GENERAL LEAVE because they do not provide, pay for, In part because women are instinc- Mr. NUGENT. Madam Speaker, I ask cover, or refer for abortions. tual nurturers, the decision about unanimous consent that all Members Madam Speaker, a woman’s right to whether or not to have an abortion is may have 5 legislative days to revise choose can be a divisive issue that one of the most personal and important and extend their remarks. splits the American people down the decisions that they will ever make. In The SPEAKER pro tempore. Is there middle. However, we aren’t talking making this decision, a woman should objection to the request of the gen- about a 50/50 issue; we’re talking about be free to consult with whomever she tleman from Florida? 77 percent. It’s clearly a majority. pleases, whether it be her doctor, her There was no objection. Just like Americans on both sides of spouse, her family, a parent, confidant, Mr. NUGENT. House Resolution 237 the aisle believe that tax dollars or religious adviser. provides for a closed rule for consider- shouldn’t go to pay for abortions, so do But a woman should never, never be ation of H.R. 3. The rule provides for the Members of Congress from both forced to adhere to extreme restric- ample debate on this bill and gives parties. There are 227 bipartisan co- tions placed upon her by Members of Members of both the minority and the sponsors of H.R. 3. I’m proud to be one Congress. I’ve served in three legisla- majority the opportunity to partici- of those cosponsors. tures, and in every one of them were pate in the debate. H.R. 3 will ensure that American tax- always men in blue suits who knew Madam Speaker, I rise today in sup- payers are not forced to fund what very little about the life-altering expe- port of this rule and the underlying many consider the destruction of inno- rience of pregnancy and birth who de- bill. For the past 30 years, we’ve used a cent human life through abortion on manded this kind of action. patchwork system of clauses and demand. I have often spoken in support of a amendments to protect American tax The No Taxpayer Funding for Abor- woman’s right to access an abortion dollars from being used to pay for abortion Act will establish a government- and have many people, including some tions. Every year Congress has to at- wide statutory prohibition on funding of my own constituents, who disagree tach a series of amendments to appro- abortion or insurance coverage that in- with me, and that’s fine. They have priation bills specifically stating that cludes abortion. This comprehensive never, however, tried by law to enforce funds spent in that legislation may not approach will reduce the need for nu- upon me what they themselves believe. be used for elective abortions. Every merous separate abortion-funding rid- Once I was at a meeting in my dis- year these amendments pass. These ers. trict and I was asked by a man who was amendments pass, Madam Speaker, be- It eliminates abortion-related strongly opposed to a woman’s right to cause Members of Congress know and amendments to appropriation bills, choose, What should be done about recognize the fact that the vast major- bills that the rules of the House remind that? And my response to him was sim- ity of Americans do not want their us aren’t even supposed to legislate ple and personal and still applies hard-earned money to be spent for through amendments. It ensures that today. abortions of innocent, unborn lives. all Federal programs are subject to I asked him that if, God forbid, he this important safeguard. ever finds himself in a difficult posi- b 1230 Once again, Madam Speaker, I rise in tion of having to decide whether or not In 2010 the Zogby/O’Leary poll found support of this rule and the underlying his wife needed to have an abortion, ei- that 77 percent of Americans believe legislation. I encourage my colleagues ther because of the health of the fetus

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6629 or the mother was in danger or because or her beliefs. But no matter how House floor today. Instead, we are here of another personal or private matter, strongly we believe them, we should to answer one simple question: is he willing to say to people gathered not be allowed to force them upon oth- Should American tax dollars be used in the hospital and during the discus- ers as we wish. Yet placing an ideology to fund abortions? When an elective sion, No decision can be made until upon others and restricting their choice can decide life and death, should LOUISE SLAUGHTER gets here because choices when it comes to reproductive the Federal Government be allowed to Congress will make that decision for health is the spirit behind today’s leg- use tax dollars to pay for that choice? him? islation and one of the many reasons Madam Speaker, H.R. 3 is a bill that The right to an abortion is already a why it should be stopped. seeks to set right what the last Con- procedure that is carefully regulated gress got wrong: to ensure that abor- b 1240 by the decision of Roe v. Wade. Today’s tions are not funded by taxpayer dol- legislation would go far beyond this As we all know, at the time of our lars. At its very base level, H.R. 3 sim- status quo and further restrict access Nation’s founding, the ideal of equal ply codifies the Hyde Amendment, in an attempt to make it practically rights and freedoms was far from real- which has been enacted in some form impossible to receive an abortion under ized. In fact, it was not even of much or another as an appropriations rider these laws. concern. African Americans were prop- since fiscal year 1976. Through this leg- Today’s bill changes the tax system— erty; women could not vote or own islation today, we will make perma- this is an important point and I want anything; and indeed, a pregnant nent the prohibition on Federal fund- you to understand this—for private woman who was widowed could find ing for abortions, thereby eliminating health care plans that offer abortion that her child had been willed away the inherent vulnerability that riders coverage to small businesses and indi- from her by her husband, who had all like the Hyde Amendment face as part viduals, as most of them do. If passed the rights. Native Americans were of the annual appropriations process. into law, this bill would pressure pri- pushed off their land and out of our so- Furthermore, H.R. 3 codifies the vate health insurance plans to stop of- ciety. Hyde-Dr. Dave Weldon conscience fering that coverage altogether. And With great struggle and over time— clause that has protected health care that, Madam Speaker, is the purpose of and certainly, I know of the struggle providers from discrimination by State this bill. for women’s rights because of what and local governments for simply re- In addition, and most egregiously, to- happened in my own district, which is fusing to provide, to pay for or to even day’s legislation opens the door to the where that struggle began—we have refer for abortion. Additionally, H.R. 3 IRS audits of rape and incest survivors, righted many of these wrongs, and as a will allow those health care providers to prove that they followed the law Nation, we have come to believe that who choose not to perform abortions when paying for an abortion. Do we do men and women of every color and legal recourse if they face, as they this with anything else—I’m absolutely creed are created equal, that we are all often do, overt discrimination. astonished—to place this kind of bur- entitled to the rights and individual Madam Speaker, H.R. 3 also prevents den on a medical procedure? It’s been freedoms at the core of our Nation’s Federal funds from being used for tax designed specifically to chip away at ideals. credits that subsidize health insurance the rights of women. Today’s proposed legislation up-ends coverage that includes elective abor- Most egregiously, this bill has put a the principle of equal rights and free- tion through the Patient Protection dangerous provision into the com- doms by placing severe restrictions on mittee report that accompanies this and Affordable Care Act, so-called the constitutionally protected right to ‘‘ObamaCare.’’ One of the many prob- bill. Please listen up. You need to know an abortion. Instead of crafting legisla- what this says in this report language, lems with this law ObamaCare is that tion to restrict a woman’s right to which is as important as the bill itself. there is no statutory language prohib- safe, secure reproductive health, this That report language states that the iting premium assistance from being Congress should respect the rights of legislation is intended to prohibit the used for abortions despite many efforts women and uphold their constitu- use of Federal money to subsidize abor- of House and Senate Republicans dur- tionally protected rights. tions in cases of statutory rape. That, ing the last Congress. H.R. 3 provides I strongly urge my colleagues to vote ladies and gentlemen, is the rape of a the assurance that our taxpayer dollars ‘‘no’’ on today’s rule and on the under- child too young to give consent. will not be used in any form of Federal Now, think about that for a moment. lying bill, which may be the most egre- subsidies for abortion coverage. This bill forbids any money being used gious that comes to the floor this year. So, Madam Speaker, as a father and to help that child. It’s not bad enough I reserve the balance of my time. as an OB/GYN physician who has deliv- that they have been raped or that they Mr. NUGENT. Madam Speaker, I ered over 5,000 babies, I will be voting are victims of incest. Now we’re telling yield 3 minutes to my colleague, Dr. to ensure that the Federal Government them that they have to keep records so GINGREY of Georgia. does not use taxpayer dollars for any that they can prove to the IRS that Mr. GINGREY of Georgia. I thank elective abortion. I ask all of my col- they followed the law? That is what I the gentleman from Florida for yield- leagues to support this rule as well as thought about when I made the state- ing. the underlying bill, H.R. 3. ment earlier this spring ‘‘show me your I do rise in very strong support of Ms. SLAUGHTER. Madam Speaker, I papers.’’ And that is precisely what this rule as well as the underlying bill, yield 2 minutes to the gentlewoman this bill is asking to do. H.R. 3, the No Taxpayer Funding for from California (Mrs. DAVIS). If this bill becomes law, think about Abortion Act. Mrs. DAVIS of California. Madam the statutory rape. Think about your I would also like to commend our col- Speaker, I rise in vehement opposition children. Think about other people’s league from New Jersey, Representa- to this rule and dangerous legislation, children. If it becomes law, the com- tive CHRIS SMITH, for his leadership on the No Taxpayer Funding for Abortion mittee report will become one of the this legislation and for his steadfast Act. documents relied upon by the courts pro-life stance throughout his tenure This extreme bill’s title belies its when deciding the cases about abor- in Congress. true intent—to go far beyond current tion. With the committee report in Madam Speaker, as a practicing OB/ law and comprehensively curtail wom- hand, a future justice would have the GYN physician for nearly 30 years, I en’s health care. This bill isn’t just document they need to further restrict believe that all life is sacred. The issue about taxpayer funding for abortion. It access to abortion for victims of rape of abortion is a very personal issue for is a comprehensive attack on women’s and incest. If this sounds extreme, be- me as it is for many people across the lives. We hear all the time that people lieve me, it is. country and for many Members of this want government out of their lives, out We, like our Nation’s Founders, know body. However, that is not why we are of their business. There is nothing that each individual is entitled to his considering this legislation on the more invasive than the government’s

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6630 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 getting in between families and their cently voted to stop the use of tax- women, its families and small busi- doctors when making this difficult de- payer funds for abortions in the Dis- nesses to make their own health care cision. trict of Columbia. For decades, Con- choices. This bill won’t save taxpayer dollars gress has proscribed Federal funding Mr. NUGENT. Madam Speaker, I or create jobs, but it will undermine for abortion in this piecemeal fashion yield 5 minutes to my colleague from women’s health, and it will hurt small through the Hyde Amendment and New Jersey (Mr. SMITH), the author of businesses by penalizing them for offer- other similar provisions in annual ap- H.R. 3. ing their employees insurance plans propriations. Mr. SMITH of New Jersey. I thank that cover a full range of women’s It is time to settle this once and for my good friend Mr. NUGENT for yielding health care. This is a slap in the face of all as the majority of Americans wish. and thank him for his leadership. small businesses, which are trying to This bill will provide a comprehensive Madam Speaker, America has take care of their companies, their em- prohibition on the use of Federal tax changed and today is more pro-life ployees and their own families. It is dollars to fund the socially divisive than ever. By ever-increasing majori- also a slap in the face to any family issue of abortion, and it is time we ties, especially among our young peo- that has to make the difficult decision stopped it. ple, the megatrend is to protect the to seek abortion care. Ms. SLAUGHTER. I yield myself 30 child in the womb from the insidious As a daughter and wife of physicians, seconds just to speak to something violence of abortion and to protect I am shocked that we would so quickly that is very important. women from the trauma, often lifelong dismiss the judgment of our country’s H.R. 3 is actually dangerous for wom- emotional harm, of procuring an abor- medical personnel and families in mak- en’s health. By refusing to provide any tion. This paradigm shift, reflected in all ing the best decision to preserve the exceptions to women who are facing se- the major polls, is the direct result of health and lives of their loved ones. We rious health conditions—cancer, heart pro-life education, pregnancy care cen- are wasting time on divisive issues or whatever that may be—you are forc- ters, pro-life laws, including funding while denying the real implications ing women to choose to risk their bans, informed consent and parental this will have on our families and econ- health or to risk bankruptcy, and I involvement statutes, the molding of omy. think that is morally unacceptable. consciences by the faith-based commu- I urge my colleagues to join me in Under H.R. 3, a woman facing cancer nity and advances in ultrasound that strong opposition to this bill. who needs to terminate a pregnancy in have shattered the pernicious pro-abor- Mr. NUGENT. Madam Speaker, I order to live might have to go into debt tion myth that the baby in the womb yield 2 minutes to my colleague, the over the $10,000 that the legal and nec- isn’t a human person or alive or of in- gentleman from Nebraska (Mr. FOR- essary procedure could cost. Despite nate value. TENBERRY). having both health insurance and tax- preferred savings accounts, this bill Even Planned Parenthood abortion Mr. FORTENBERRY. I thank the clinic director Abby Johnson was gentleman for yielding me the time. would prevent her from having that. 1 shocked into her new pro-life view by Madam Speaker, Americans deserve I am pleased to yield 1 ⁄2 minutes to witnessing an ultrasound-guided abor- to know how the government spends a nurse, the gentlewoman from Cali- fornia (Mrs. CAPPS). tion of a 13-week-old baby who was dis- their money, and they are right to membered and pulverized in real time refuse the use of their tax dollars for b 1250 right before her eyes at that Texas highly controversial activities—in this Mrs. CAPPS. I thank my colleague clinic. case, abortion. Let me first make my for yielding. But perhaps the greatest reason for own position clear. Madam Speaker, I rise in strong op- the huge shift in public opinion in I am pro-life, and I believe that position to this rule and to the under- favor of life is the growing number of women deserve better than abortion; lying legislation. extraordinarily brave post-abortive but certainly, we can all agree that the A mere 2 weeks ago, the Republican women who deeply regret their abor- U.S. Government should not take tax majority brought us to the brink of tions and today are silent no more. dollars from hardworking Americans to government shutdown over their dis- One post-abortive woman told a fund abortion. I really believe it is approval of Planned Parenthood. But group outside the U.S. Supreme Court, time that we look at the reality of instead of moving past divisive social and I heard her say it, that as she lay abortion, that we be honest and see the issues and addressing our economic on the operating table, the abortionist choice for what it is. It is interesting challenges with housing and creating laughed as he inserted a sharp knife to note that the early feminist move- jobs, we are here again today wit- into her womb and said, ‘‘Oh, it is try- ment recognized that abortion is a fun- nessing the Republicans’ obsession ing to get away.’’ Partially sedated, damental injustice. Abortion harms with reopening the culture wars. the woman immediately pleaded with women. It takes the lives of children, H.R. 3 represents the most egregious the nurse and doctor to stop the abor- and it allows a man to escape his re- attack on reproductive rights in over tion and to spare her child. They told sponsibility. 35 years, rights that are protected by her to shut up. Today she is deeply The abortion industry many times the Supreme Court decision. H.R. 3 wounded by that cruel assault, that le- profits from all of this pain. Abortion uses the Tax Code to effectively deny thal assault on her baby. is also so often the result of psycho- access to insurance that includes abor- Dr. Alveda King, niece of the late Dr. logical or physical coercion or even tion care coverage, no matter how it is Martin Luther King, has had two abor- emotional or physical abandonment, paid for. What it doesn’t do is trust our tions. Today she has joined the grow- which is a tragic social paradigm that Nation’s women, trust our Nation’s ing coalition of women who deeply re- has caused a deep wound in the soul of families, their doctors, their clergy, gret their abortions. Out of deep per- our country. No matter how difficult and trust small businesses to make sonal pain and compassion for others, the circumstances, Madam Speaker, I their own health care choices for their they challenge us to respect, protect believe we can and must do better as a employees. This is unacceptable. Make and tangibly love both mother and society, and at a minimum, taxpayer no mistake, despite the rhetoric com- child. dollars should not be involved. ing from the other side of the aisle, the The women of Silent No More give This issue has manifested itself again bill is not about funding. It is about post-abortive women a safe place to most intently during the health care using our laws and our Tax Code to in- grieve and a roadmap to reconciliation. debate. Unless a prohibition is enacted, fringe upon the rights of women, the And to society at large, and especially taxpayers will fund abortion under the protected rights of women and families to Congress, these brave women compel framework of the new health care law. across this Nation. us to rethink and to reassess the cheap Madam Speaker, abortion is not health Madam Speaker, it is time that this sophistry of the abortion culture. Re- care. The House of Representatives re- Congress places trust in our Nation’s flecting on her famous uncle’s speech,

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6631 the ‘‘I Have a Dream’’ speech, Dr. real Guttmacher statement, what they gress is whether we’re going to allow Alveda King asks us: ‘‘How can the have said. ‘‘The claim that restoration the status quo to exist through the dream survive if we murder the chil- of Federal Medicaid coverage would re- Hyde amendment where people can ex- dren?’’ sult in a significant increase in the in- ercise their conscience on this impor- Madam Speaker, there is no doubt cidence of abortion nationwide is not tant question, or are we going to have whatsoever that ending public funding supported by research, and extrapo- a dictation from this Congress that ab- for abortions saves lives. Even the pro- lating from Guttmacher’s Medicaid solutely and completely prohibits peo- abortion Guttmacher Institute in June findings to assert that coverage in the ple from making that choice them- of 2009 in a report said ‘‘approximately private insurance market is strongly selves. one-fourth of women who would have linked to abortion incidence is entirely The mutual respect that Mr. Hyde had Medicaid-funded abortions if the illegitimate.’’ understood we needed in this country Hyde amendment didn’t exist instead I yield 2 minutes to the gentleman is really going to be frayed with this give birth when this funding is unavail- from Vermont (Mr. WELCH). legislation. So I would urge Members able.’’ Mr. WELCH. I thank the gentlelady. to vote against this legislation. That’s I vividly remember the late Con- Henry Hyde was one of the out- out of respect for the fact that there gressman Henry Hyde being moved to standing Members of the House of Rep- are sharply different views on this ex- tears when he learned that the Hyde resentatives in the history of the traordinarily important question. amendment had likely saved the lives House of Representatives. He believed Mr. NUGENT. Madam Speaker, I 1 of more than 1 million children, who intently in a pro-life position, and the yield 2 ⁄4 minutes to my colleague from today are perhaps in school and getting remarks of colleagues who support this North Carolina (Ms. FOXX). ready for summer vacation, perhaps legislation are ones that I think Mr. Ms. FOXX. I thank my colleague playing sports, or, if they are in their Hyde would approve of. But he was also from Florida for yielding me time to speak on the importance of protecting twenties or thirties, building their own a master legislator, and he understood defenseless unborn children and ensur- families. that other people have a different point ing taxpayer money is not used to pay H.R. 3, the No Taxpayer Funding for of view than he has, and on the matter Abortion Act, comprehensively ensures for elective abortions. of abortion, something that is a matter I do want to explain to my glib friend that all programs authorized and ap- of faith for many people, a matter of from Vermont, who is so good on the propriated by the Federal Government, conscience for everyone, there are dif- floor, that the Hyde amendment itself including ObamaCare, including the ferent points of view. covers plans as well as direct funding. Hyde amendment, do not subsidize the The excellent job that Mr. Hyde did So I think the people need to know killing of babies except in the rare was to take direct taxpayer funding there’s a slight correction to the com- cases of rape, incest and life of the out of the equation. If there were going ments that he made. mother. to be abortions, they were not going to According to a CNN poll last month, H.R. 3 ends the current IRS policy al- be paid for by taxpayer dollars. This Madam Speaker, more than 60 percent lowing tax-favored treatment for abor- amendment takes it a radical step fur- of Americans oppose taxpayer-funding tions under itemized deductions, HSAs, ther. What it does is it says, if there is for abortion. Today, this House has the MSAs and FSAs. H.R. 3 also ends the any tax credit that is part of a health historic opportunity to end the patch- use of tax credits under ObamaCare to care plan, then this legislation would work of policies that are intended to purchase insurance plans that include prohibit a small business from offering prohibit taxpayer funding for abortion abortions, except in cases of rape, in- that health care plan to its workers. by passing a government-wide prohibi- cest or life of the mother. Now, just think about the enormous tion on funding elective abortions. H.R. Today we seek to end taxpayer com- burden that is being placed on hun- 3, the No Taxpayer Funding for Abor- plicity in abortion violence. No tax- dreds, if not thousands, of small busi- tion Act, codifies many longstanding payer should be coerced to pay, sub- nesses in Vermont, on millions of small pro-life protections that have been sidize or facilitate the dismemberment, businesses in this country. Every one passed under both Republican and the chemical poisoning, the starva- of those businesses, where it offers a Democrat-controlled Congresses. In tion—and remember, that is how RU– comprehensive health care plan to fact, Minority Leader NANCY PELOSI 486 works; it first starves the baby to their employees that may include abor- has voted 14 times to prohibit taxpayer death, then the other chemical brings tion services, suddenly has to unravel funding for abortion in the District of on delivery of a dead baby—or the those plans and deny that coverage to Columbia. President Obama voted suctioning to death of a child and the its workers. So what we have is an ac- against taxpayer funding of abortion in harming of women. tion by the sponsors of this legislation the District of Columbia twice when he Regarding conscience rights, H.R. 3 that would impose its will far beyond was in the Senate; and since being protects pro-life health care entities by what Mr. Hyde ever did or sought to do elected President, he’s signed appro- discrimination by State, local and Fed- on every small business in this coun- priations legislation into law that pro- eral governments and empowers the try. hibits this funding. courts with the authority to prevent As you can see, Madam Speaker, op- b 1300 and redress actual or threatened viola- position to taxpayer funding for abortions of conscience. By the way, there’s another issue tion is bipartisan, bicameral, and sup- The need for this protection is great. here, a precedent. If now we’re starting ported by the American people. There’s According to the Alliance of Catholic to interfere with the use of tax credits, nothing more important than pro- Health Care, which represents Califor- does this mean the next target is what tecting voiceless unborn children and nia’s Catholic health systems and hos- kind of home you buy if you’re going to their families from the travesty of pitals, ‘‘California’s Catholic hospitals get the use of a taxpayer deduction? abortion. Therefore, I urge my col- operate in a public policy environment The SPEAKER pro tempore. The leagues to vote for life by voting in that regularly challenges the concept time of the gentleman has expired. favor of this rule and the underlying of conscience rights protections by at- Ms. SLAUGHTER. I yield the gen- bill and say that my colleague from tempting to coerce them and other tleman 1 additional minute. Vermont said we can differ on opinions, health care providers to perform, be Mr. WELCH. I thank the gentlelady. but this is the right position to take. complicit in or pay for abortions.’’ Does it mean that if you’re doing re- Ms. SLAUGHTER. Madam Speaker, I So I urge Members to support this search on biotechnology, that the tax am pleased to yield 2 minutes to the legislation. It is backed by 227 cospon- credit is going to be restricted and dic- gentlewoman from Hawaii (Ms. sors. tated by a majority, whoever it hap- HIRONO). Ms. SLAUGHTER. Madam Speaker, I pens to be, of this House of Representa- Ms. HIRONO. I thank the gentle- yield myself 15 seconds to put in the tives? The basic question for this Con- woman from New York.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6632 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 Madam Speaker, I rise today in oppo- to do this to protect the taxpayer. If b 1310 sition to the rule and in opposition to you look at polling, you look at the Additionally, this bill permanently H.R. 3, a bill that threatens women’s number of things that are going on, we extends important legal protections for health and access to care. Over the cannot allow Federal funds to be used doctors and other health care providers past 2 weeks, as I traveled in my dis- and our taxpayers to be used for this who refuse to perform abortions to trict, the top-of-mind issues were the procedure. which they are morally opposed. Every economy and jobs. Now that we’re back Now let’s move on to life. We know doctor and health care provider de- in D.C., instead of working together on the sanctity of life that is there from serves the right to act according to his bills that move our economy forward, that very conception until natural or her own conscience, and this impor- we’re asked to debate divisive social death. We need to protect that. We tant legislation will ensure that he or policy. Clearly, the priorities of the need to protect that atmosphere as a she is not punished for doing so. Republican majority do not match government. That is not our job to pro- Madam Speaker, the American peo- those of the people of Hawaii. mote that horrendous operation. It’s ple support this legislation. They do There are those who will say that our job to protect those children. not want their tax dollars used to pay H.R. 3 maintains the status quo. Not Ms. SLAUGHTER. Madam Speaker, I for abortions. Let’s stand together so. H.R. 3 is an extreme, radical meas- am pleased to yield 2 minutes to the today and do the fiscally and morally ure that could deny tax credits for gentlewoman from California (Ms. responsible thing—vote to pass H.R. 3. small businesses, take us back to the SPEIER). Ms. SLAUGHTER. Madam Speaker, I days when a woman had to prove that Ms. SPEIER. I thank you, Madam yield 2 minutes to the gentleman from she was a victim of rape, and violate Chairman. New Jersey (Mr. ANDREWS). Madam Speaker, I rise in strong op- women’s medical privacy rights. Do Mr. ANDREWS. Madam Speaker, if a position to this legislation. Gas prices you think small business owners have proposal were brought to the House are approaching $5 a gallon, millions of the time and needed expertise to deter- floor that said the following, ‘‘If an Americans are looking for work, and mine if their insurance plans cover American makes a charitable contribu- we’re busy turning the Tax Code into a abortions? Do you want to take our tion and takes a deduction on his in- moral club. Forget that abortion is a country back to the days when a come tax return, that we’re going to legal procedure. Forget the Repub- disallow the charitable deduction if the woman had to prove that she resisted licans want limited government when her rapist? Do you want to share your group that’s receiving the money pro- it comes to protecting you in the work- motes gun ownership, gun rights or gun medical history with an IRS audit? place but Big Government when it I was a member of the State legisla- education,’’ I suspect it would not get comes to regulating your bedroom. ture in the 1980s in Hawaii when I one vote on the Republican side of the This isn’t about anyone’s position on worked with women and victim advo- aisle, and it shouldn’t get any votes on abortion. Roe v. Wade was decided 38 the Democratic side of the aisle be- cacy groups to change our sexual as- years ago. It’s the law of the land. This sault laws so that the prosecution fo- cause it’s wrong and it’s probably un- is about whether we should use the Tax constitutional. cused on the perpetrator of the rape Code as a moral club to impose the re- rather than on the actions of the vic- That is exactly what the underlying ligious beliefs of a few Members of Con- bill does here. It says that an American tim. Our court system in those days, gress on the entire Nation. because of our law, victimized the vic- exercising his or her constitutional What’s next? Some find it immoral to right, in this case her constitutional tims of rape. Hawaii changed its laws. drink alcohol or gamble. Should we This bill takes us back to those days right, with their own money, will suf- outlaw business deductions for meals fer a negative tax consequence because when a woman had to show that she re- that include wine? How about business sisted. the majority wants them to. conventions in Las Vegas? Many people Understand this. If an American Hawaii was also the first State in the are morally opposed to profanity. woman, with her own money, chooses Nation to decriminalize abortion and Maybe we should make it against the to exercise her constitutional right, give a woman the right to choose. The law to swear when filling out your she will be suffering an increase in person who carried this bill in the leg- taxes. taxes as a result of making this deci- islature was Senator Vince Yano, a de- Now, how about more serious issues? sion. I scarcely say that anyone on the vout Catholic. Governor Jack Burns, a Many of my constituents think the war majority side would agree that if we devout Catholic—he went to mass in Iraq is immoral. The same goes for picked one of their favorite social every single day—he allowed this bill subsidies for Big Oil and tax breaks issues and said we’re going to raise to become law in Hawaii, in spite of the that reward corporations for shipping taxes on people who engage in that so- fact that he had a lot of pressure as a our jobs overseas. cial issue, much less than a constitu- Catholic to veto this bill. He could Singling out abortion is wrong. Even tional right, that they would agree have done so. He respected the right of worse, it’s a distraction from the seri- with this. a woman to choose. ous challenges our Nation faces. If Re- This is not a debate about abortion. I urge my colleagues to join me in publicans want to overturn Roe v. This is a debate about privacy. It’s a voting against this rule and this bill. Wade, they should draft a bill and give debate about individual liberty and the Mr. NUGENT. Madam Speaker, I it their best shot; but don’t use the Tax right of people to do what they choose yield 1 minute to my colleague from Code as a bludgeon because you don’t with their own money, particularly Michigan (Mr. HUIZENGA). have the votes. when they’re enforcing one of their Mr. HUIZENGA of Michigan. I thank Mr. NUGENT. Madam Speaker, I own constitutional rights. my colleague for this opportunity. yield 1 minute to my colleague from I would also say for the record, it’s You’re seeing the old argument of Ohio (Mr. CHABOT). my understanding that if this bill is Washington versus the new realities of Mr. CHABOT. Madam Speaker, I rise carried out, a person who is a minor America. We have two distinct issues today in strong support of H.R. 3, the who is a victim of statutory rape may here. Those two issues are: one, life; No Taxpayer Funding for Abortion Act. not be able to avail herself of her con- two, the taxpayer. I think those things A majority of Americans have made stitutional rights with her family’s are becoming very stark. Here we are, it clear that they oppose the govern- own money. a situation where a President has ment using their tax dollars to pay for The SPEAKER pro tempore. The signed an executive order to do many abortions, and it’s time that we perma- time of the gentleman has expired. of the exact same things—to not allow nently extend the Hyde amendment, Ms. SLAUGHTER. I yield the gen- Federal-funded abortions to be hap- which bans this irresponsible practice. tleman an additional 30 seconds. pening. Yet somehow we shouldn’t be Particularly in our current budget sit- Mr. ANDREWS. I know very well, putting this into law. It seems common uation, the Federal Government should Madam Speaker, that people feel pas- sense that we would do that. We need not be subsidizing abortions. sionately about the right to life and

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6633 the right to choose, and this is the government fulfills its duty. I will al- However, we are deeply disappointed that forum in which that debate ought to ways fight for the right to life because low-income women in the District of Colum- take place. But using the Internal Rev- it is my belief that we are unique cre- bia were sacrificed during the CR negotia- enue Code to either punish or reward ations of God who knows us and loves tions. The Administration and Senate Demo- cratic Leadership agreed to re-impose a rider certain social conduct, particularly us even before we are conceived. prohibiting the District government from conduct that is in the exercise of a con- Ms. SLAUGHTER. Madam Speaker, I spending its own local taxpayer-raised funds stitutional right, is wrong, and if any- yield 2 minutes to the gentlewoman on abortions for low-income women. The one on the majority side would like to from the District of Columbia (Ms. poor women in the District have already tell me that they would vote for that NORTON). begun to feel the terrible effects of the rider. NRA provision, I welcome that. I Ms. NORTON. I thank the gentle- Abortions are time-sensitive, and scores of wouldn’t, because it’s an impermis- woman for yielding and for her strong women scheduled for District-funded abor- sible, unconstitutional burden on the work on this bill. tions at a Planned Parenthood clinic immediately had their appointments canceled. constitutional rights of Americans. So Madam Speaker, this bill is unprece- This paradox cannot be overlooked. Non- is this. dented in a number of ways. It is un- profits in the District, including the DC Mr. NUGENT. Madam Speaker, I precedented in that it uniquely affects Abortion Fund which helps D.C. women pay yield 3 minutes to my colleague from my district, and yet I was not allowed for abortions, are desperately trying to raise Tennessee, Dr. ROE. to testify at the hearing of the Judici- funds to mitigate the harm done by the Mr. ROE of Tennessee. I thank the ary Committee where it was consid- rider. gentleman for yielding. ered. It is unprecedented in its attack Not only did this concession by Democrats Madam Speaker, I rise today in sup- on a woman’s right to choose, going violate our party’s long-standing support for port of H.R. 3, the No Taxpayer Fund- reproductive choice and for the District’s well beyond the Hyde amendment. And right to self-government, it was unnecessary. ing for Abortion Act. I am a proud co- it is unprecedented in seeking to fed- As House Minority Leader Nancy Pelosi has sponsor of this legislation. eralize the local funds of the District of noted, fifty-nine House Republicans voted As an obstetrician and gynecologist, Columbia. against the CR. This means 36 Democratic I have delivered nearly 5,000 babies, and Section 309 of this bill would make votes were needed to reach 218 votes for pas- I strongly support the sanctity of life. permanent the ban in the recent 2011 sage. According to media reports, most I believe life is a precious gift from God spending bill that keeps the District House Republicans who voted against the CR that begins at conception. I have seen from spending its own local funds on did so because it did not cut enough spend- human development occur from the ing, not because of the absence of the abortions for poor women. That’s bad Planned Parenthood or of any other rider. In earliest stages of a small fetus all the enough, but the party that came to fact, the CR was remarkably clean, with way through birth. The magic of the power even to devolve Federal power only four riders. Only two were controver- heartbeat at 26 to 28 days post-concep- back to the States is engaged in the re- sial, D.C. abortion and a new private school tion is indescribable in my field like verse process in this bill, in federal- voucher program in the District. It is no this, which strengthens my conviction izing what has always been understood wonder that the District felt abandoned. of the right to life. in our Constitution to be local power The D.C. abortion rider, as well as every Since 1976 until the passage of Presi- and, worse, local money and deciding other anti-home-rule rider, was removed during the last four years of Democratic con- dent Obama’s health care reform law, how it should be spent. Congress prevented taxpayer funding gressional control. This was a historic first It is a dictatorship over local funds. that could not have been achieved without for abortions. Unless abortion is spe- It goes against every principle that the your help. As the fiscal year 2012 appropria- cifically excluded from Federal insur- majority claims to support when it tions process begins, we believe it would be ance plans, the courts and administra- cites the Constitution. It goes against invaluable if you stated, early and publicly, tive agencies have historically man- the accepted practice, a practice you your opposition to the inclusion of the D.C. dated it. That’s why the language in can do nothing about in the States, abortion rider in the fiscal year 2012 appro- H.R. 3 is so important and necessary. It where 17 States have, of course, spent priations bill. This is perhaps the only way to keep it out of the bill after Democrats explicitly states that taxpayer dollars their own local funds on abortions for should not be used to fund abortion. agreed to it in the CR. Such a statement poor women for decades, recognizing would not only help in fiscal year 2012, it Abortion is not a business our gov- that this could not be done with Fed- would discourage House Republicans from es- ernment should be involved in. Because eral money. calating their attacks on women in the Dis- something is legal doesn’t mean you The District of Columbia does not trict, which are already underway. should do it. Regardless of how people ask for 1 cent of Federal money. In the An odious anti-choice bill, H.R. 3 (the No felt about the President’s health care same way, the District of Columbia de- Taxpayer Funding for Abortion Act), is due law, people shared the belief that the mands that its local funds be kept local on the House floor this week. It would make the D.C. abortion rider permanent. Although President’s Executive order on this for us as for every other jurisdiction of subject was simply insufficient. I agree we know you will not allow H.R. 3 to pass in this body. the Senate, House Republicans may feel with this concern and believe that fur- CONGRESSIONAL BLACK CAUCUS, emboldened to bring up a permanent D.C. ther efforts need to be made to ensure Washington, DC, May 3, 2011. abortion ban as a stand-alone bill or to at- that no taxpayer funds are ever used DEAR SENATORS BOXER, CANTWELL, FEIN- tach it to another bill. The consideration of for this purpose. STEIN, GILLIBRAND, HAGAN, KLOBUCHAR, LAN- H.R. 3 on the House floor could provide you Under H.R. 3, Federal funds are DRIEU, MCCASKILL, MIKULSKI, MURRAY, SHA- an occasion to speak out against it and to statutorily prohibited from being in- HEEN, AND STABENOW: We, the women of the note the D.C. provision as a special reason volved in any type of health care cov- Congressional Black Caucus, write for two for your opposition. You could also use this erage or benefits that include abortion. reasons. First, we want to express our grati- opportunity to indicate your opposition to a tude to you, the Democratic women of the D.C. abortion rider in the fiscal year 2012 ap- This means future Presidents, or even Senate, for successfully blocking the propriations bill. our President, can’t go back and insert Planned Parenthood rider from the final fis- District women have no vote in Congress abortion coverage on a whim. cal year 2011 continuing resolution (CR). The and no representation in the Senate. The As legislators, we carry the responsi- rider was an attack on the health and lives city’s low-income women need the support of bility and privilege to protect those of all American women, especially women of women in Congress who not only have a who do not have a voice. We must modest means. The public conditioning of vote, but who have also shown they will make our laws consistent with our your support for the CR on the exclusion of stand with women everywhere. science and restore full legal protec- the rider made the critical difference. We Sincerely, tions to all who are waiting to be born. agreed with your strong position, which Barbara Lee, Karen Bass, Donna showed the country that you would not Christensen, Eddie Bernice Johnson, This starts with legislation like H.R. 3. abandon women in a tough fight. Although Corrine Brown, Yvette Clarke, Donna One of government’s core functions is our party is in the minority in the House, we Edwards, Sheila Jackson Lee, Laura to protect the most innocent among us, are ready to join with you to defeat future Richardson, Terri Sewell, Marcia and I will do my best to ensure that Republican attacks on women’s health. Fudge, Gwen Moore, Maxine Waters,

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6634 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 Frederica Wilson, Members of Con- low-income abortion services. It would be a site. In fact, published research by the gress. Pyrrhic victory for abortion opponents, as it pro-abortion Alan Guttmacher Insti- does nothing to affect Congress’ inability to tute shows what? That we would actu- DISTRICT OF COLUMBIA, overrule the 17 states that currently fund ally see a 25 percent decrease in abor- May 4, 2011. abortion services for low-income residents. tions. DEAR MEMBERS OF CONGRESS: I write to ex- The 600,000 residents of the District have press my outrage with legislation that is neither a voice nor a vote in the Congress to Furthermore, contrary to what the pending before the House of Representatives, defend against this renewed assault that is opposition would have you believe, this H.R. 3, which contains language extremely H.R. 3. We urge members of Congress to re- legislation will not affect funding for offensive to the District of Columbia. I ask spect the District and the fundamental family planning services. It will only you to withdraw the bill from consideration American principle of local rule. We urge prevent funding and subsidies for abor- immediately. you to be helpful, not harmful, to our efforts tion and abortion coverage. H.R. 3 purports to limit the use of taxpayer to improve public health and safety. We urge So it’s important to point out that you to vote against H.R. 3. funds for a constitutionally protected activ- taxpayers across the country do not be- ity, but in truth, it goes much further in its Sincerely, effects on the District of Columbia. The lan- Kwame R. Brown, Chairman; Phil lieve that they should be funding abor- guage used in the bill converts the District Mendelson, Councilmember At-Large; tion coverage. Well, just last week in into a Federal property for the first time in Sekou Biddle, Councilmember At- Indiana, Governor Daniels signed prob- its history. This unprecedented affront to Large; David Catania, Councilmember ably the most comprehensive taxpayer the sovereignty of a local and state govern- At-Large; Michael A. Brown, Council- protection law. ment would never be contemplated anywhere member At-Large; Jim Graham, The SPEAKER pro tempore. The else in the United States. Yet, the District is Councilmember Ward 1; Jack Evans, time of the gentleman has expired. particularly singled out in the bill for such Councilmember Ward 2; Mary M. Cheh, Mr. NUGENT. I yield the gentleman treatment. Councilmember Ward 3; Muriel Bowser, This effort to alter the entire status of the Councilmember Ward 4; Harry Thomas, an additional 30 seconds. District Government is truly beyond the Jr., Councilmember Ward 5; Tommy Mr. GARRETT. As I was saying, just pale. The District of Columbia is comprised Wells, Councilmember Ward 6; Yvette last week in Indiana, the Governor of 600,000 people who deserve the same rights Alexander, Councilmember Ward 7; signed probably the most comprehen- as other citizens and residents of their na- Marion Barry, Councilmember Ward 8. sive taxpayer protection law to prevent tion. American history is defined as resist- Mr. NUGENT. Madam Speaker, I taxpayers from doing what? Sub- ance to oppression while promoting freedom yield 2 minutes to my colleague from sidizing abortion. I was reading the ar- and democracy. Given the principles upon ticle in the L.A. Times. They said this which this nation was founded, and America New Jersey (Mr. GARRETT). contrives to promote steadfastly world-wide, Mr. GARRETT. I thank the gen- is probably going to go in other States. how can you justify the disparate and dis- tleman. Why is that? Because it’s the will of respectful treatment to which District resi- Before I begin my remarks, I just the people. dents are subjected? have to say that I am really shocked Let me tell you and conclude on this. The Constitution guarantees every citizen by the statement from my friend and I’m the father of two beautiful girls. of age a direct line of communication to the colleague from the State of New Jersey When I look at them, I see the promise highest levels of our representative govern- as well when he basically makes the of tomorrow. My life is, without ques- ment so that their interests are always bold statement that basically by tak- tion, better for the love I share with heard and protected. Our interests are not them. America is better for each child being protected, they are being stripped from ing away a subsidy of sorts of what us. As an elected member of the national we’re doing here, and that translates to and life that is here. government, we implore you not to further a tax increase on an individual. Noth- So I will come to this floor and con- encroach upon the rights of the people who ing, of course, is done in this legisla- tinue to fight to protect the most fun- live in our city. tion to that effect. damental right of the unborn in each of I cannot urge you strongly enough to re- I come to the floor today and rise in us: the right to life. move the District from this bill as we are full support of H.R. 3, the No Taxpayer Ms. SLAUGHTER. Madam Speaker, I not a component of the federal government. am pleased to yield 13⁄4 minutes to the Regards, Funding for Abortion Act. I commend gentlelady from New York (Mrs. MALO- VINCENT C. GRAY, everyone who has worked on this, espe- Mayor. cially my other colleague from New NEY). Jersey (Mr. SMITH) not only for spon- Mrs. MALONEY. I thank the gentle- COUNCIL OF THE soring the bill before us today but for lady for yielding and for her leadership DISTRICT OF COLUMBIA, being a leader on this important issue. not only on this but so many impor- Washington, DC, May 3, 2011. You see, by passing this bill, what we tant issues. Minority Leader NANCY PELOSI, really do is establish a permanent gov- I want to make it very clear, in re- House of Representatives, ernment-wide prohibition on subsidies sponse to the gentleman’s statement, Washington, DC. there are no taxpayer-funded abortions DEAR MINORITY LEADER PELOSI: We write for abortion and abortion coverage, in strong opposition to H.R. 3, the while giving the doctors opposed to now. There weren’t any yesterday, and misleadingly named ‘‘No Taxpayer Funding abortion certain protections to safe- there won’t be any in the future. H.R. for Abortion Act,’’ because it has nothing to guard them from performing abortions 3 goes far beyond current law. It is do with federal funds. The bill would prohibit against their will. stunning in its scope, appalling in its the District of Columbia from using its own, indifference, and outrageous in its ar- locally-raised funds to support abortion serv- b 1320 rogance. ices for low-income women. This is a commonsense bill. It is con- The right to choose is absolutely The bill would overturn the rule of local sistent with the opinions of the major- meaningless without access to choice, government. Republicans and Democrats na- ity of Americans who have voiced oppo- and H.R. 3 creates obstacles for women tionwide believe that local governments should decide what is best with respect to sition to Federal funding for abortion. to access safe, legal, and constitu- local issues. This belief is bedrock American See, I believe that the time has come tionally protected health care. This principle that extends from the original to do away with the patchwork ban makes access to abortion coverage in- Founding Fathers to today’s Tea Party ac- currently in place with a law that ex- credibly difficult, and I would say that tivists. It is also the principle underlying tends the Hyde amendment to all as- the bill is not only an attack on wom- your own Home Rule Act for the District— pects of spending authority here in en’s rights, but it is also an attack on the purpose of which is ‘‘to relieve Congress Congress. the rights of the private insurance of the burden of legislating upon essentially Now, I know my colleagues on the companies and small businesses. local District matters.’’ H.R. 3 would make the District of Colum- other side of the aisle will tell you that It tells private insurance companies bia the only jurisdiction in the country that cutting off funding to abortion services how to run their businesses, raises is prohibited from choosing whether or not will only cause abortion rates to do compliance costs for small business, to use its own locally-raised funds to support what? Rise, they say, but just the oppo- and even tells the local government

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6635 how they may spend their money. The fend every voiceless innocent miracle most serious of crimes because the bill manages to offend nearly every that’s on its way into breathing free young woman involved has not given high-sounding principle the other side air into this country. consent and, indeed, is not allowed to says they stand for. And to think that we are compelling because of her age. How dare we do So if you truly believe in the freedom the American taxpayer to fund abor- that? Have they not suffered enough? of the individual and the wisdom of tions across this country and in foreign The Hyde amendment does not dis- free market, vote ‘‘no’’ on this abso- lands on occasion, because we can’t tinguish between statutory rape or any lutely appalling piece of work. It is quite hear that voice—Henry Hyde other kind of rape. In fact, a 1978 regu- anti-woman, anti-choice, anti-respect, heard that voice, and we’re standing up lation implementing the Hyde amend- and anti-business. It is a totally flawed with and for Henry Hyde. I so much ap- ment makes clear that it includes vic- bill, goes far further than any existing preciate him and CHRIS SMITH, who is tims of statutory rape in the funding law, and it is the deepest and strongest the principal author of the underlying exemption. attack on a woman’s right to choose legislation. Now, if most people in the United that has come before this body in my I rise in support of this rule, Madam States don’t want their tax money used lifetime. Speaker, and I rise in support of the infor abortions, they can relax. We’ve not And the Republican majority says its nocent unborn. The conscience of been using tax money for 38 years. priority is jobs and job creation, but America must be heard in this debate We’re not going to change that with their actions speak louder than words. today, on this rule and on the under- this bill. That’s not the intent of this They want to come into the bedroom. lying bill. The voice of the voiceless bill at all. It’s simply the title, which They want to come between a woman need to be heard, that of those people is meaningless. who were not heard in the life we will and her doctor. It is an appalling bill. b 1330 Please vote ‘‘no.’’ hear from in the next, as Henry Hyde Mr. NUGENT. Madam Speaker, I so eloquently said. But an America What it does do is it increases taxes yield 1 minute to my colleague from that is a pro-life America, with over 60 on middle class and lower-income Tennessee (Mr. FINCHER). percent that oppose Federal funding, women and their families, but it sin- Mr. FINCHER. I rise in support of the taxpayer-funded abortions, this is a gles out small business employers and rule. consistent position that reflects the penalizes them if they provide com- Over 20 years ago, in his 1985 book, will of the American people. We must prehensive insurance coverage that in- ‘‘For Every Idle Silence,’’ Congressman draw this line not just with Planned cludes abortion. Nearly two-thirds of Hyde wrote ‘‘It is becoming culturally Parenthood but every abortion pro- all voters polled—this is two-thirds— fashionable to protect the defenseless vider in the country. If they can’t oppose this draconian change in the unborn.’’ Those words hold even truer make it in the market on their own, we tax system for small business and indi- today as polling continually shows the have no business subsidizing them viduals with plans that cover abortion. majority of Americans oppose the vast without regard to the impact on our In fact, even most Republicans, tea majority of abortions and more Ameri- overall economy. party supporters, anti-abortion work- cans consider themselves pro-life more Madam Speaker, I’m pleased and ers, and evangelical Christians oppose than ever. proud to be here today to take this the tax increase. Polls also show that a large majority stand, and I’m pleased and proud of the As the head of the South Carolina of Americans oppose taxpayer subsidies entire Pro-Life Caucus that’s here in Small Business Chamber of Commerce for abortion and abortion coverage. An the United States Congress, both wrote in a Hill column Monday: ‘‘H.R. April 2011 CNN poll found that 61 per- Democrats and Republicans alike, who 3 is simply a slap in the face to the mil- cent of respondents opposed using pub- have done so much over the years to lions of small businesses now offering lic funds for abortion. A November 2009 bring us to this point of consensus. And health insurance to employees and eli- Washington Post poll showed 61 per- this is a consensus that will be re- gible for the new tax credits’’ that cent of respondents opposed govern- flected on this vote on the rule and on come from the new health care bill. ment subsidies for health insurance the vote on the underlying bill, a con- [From The Hill’s Congress Blog, May 2, 2011] that includes abortion. A September sensus of the American people with H.R. 3 A DELIBERATE ATTACK ON SMALL 2009 International Communications Re- their resounding support for this rule BUSINESS search poll showed that 67 percent of and the underlying bill. (By Frank Knapp, Jr.) respondents opposed measure that Ms. SLAUGHTER. Madam Speaker, I After decades of escalading group health would require people to pay for abor- yield myself the balance of my time to insurance premiums and demands for Con- tion coverage with their Federal taxes. close. gressional action for relief, a little over one Our constituents and our conscience I first want to remind people what year ago many of our small businesses fi- demand of us that we wait no longer. we’ve said about statutory rape. When nally were given the opportunity for federal this bill was first introduced, it modi- health insurance tax credits. We must permanently end taxpayer Now H.R. 3, up for a vote this week, threat- funding of abortion and protect the fied the long-standing rape exception ens to erase this benefit for small businesses lives of unborn children. to the Hyde amendment by adding the because it would eliminate the health insur- Ms. SLAUGHTER. I reserve the bal- term ‘‘forcible’’ before the word ance tax credits under the Affordable Care ance of my time. ‘‘rape.’’ In other words, the victim of Act for any existing or new plans that pro- Mr. NUGENT. I yield 2 minutes to rape had to show wounds and other vide coverage for abortion. my colleague from Iowa (Mr. KING). matters that she really was forcibly The problems H.R. 3 would cause for small Mr. KING of Iowa. I thank the gen- raped before she could be covered, but businesses that are trying to do the right tleman for yielding, and I appreciate they changed that because there was thing and offer health insurance have nothing to do with the ideological intent of this the privilege to come here to the floor such an outcry. But they have found bill. Even if a small business owner agrees and stand up for the rights of the inno- another way to get to exclude other with the intent, the cost of passage of H.R. 3 cent unborn in this country. victims of rape. Just saying those in terms of time, money and continuity of At the root of this issue is the ques- words scandalizes me. policy is very significant. tion of what is human life and is it sa- The House Judiciary Committee re- Small business owners do not have the ex- cred in all of its forms and at what in- port, which will be used by the courts pertise to closely examine healthcare plans stant does it begin, and I think all of to interpret the intent of this bill, says to determine if abortion coverage is in- us with a conscience will recognize the bill will not allow the Federal Gov- cluded. Such services are not labeled ‘‘abortion’’ but rather fall into numerous clauses that human life needs to be sacred in ernment to subsidize abortions in cases in a health care policy from prescription all of its forms and it begins at the in- of statutory rape, claiming that this drugs to outpatient surgery to maternity stant of conception, and once we come reflects existing law, and of course it care that includes unforeseen complications. to that conclusion we stand up to de- does not. Statutory rape is one of the Small business owners are no more prepared

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6636 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 to completely understand the fine print of The yeas and nays were ordered. Bishop (GA) Hanabusa Pastor (AZ) Bishop (NY) Hastings (FL) Payne their health insurance policies than mem- The vote was taken by electronic de- bers of Congress. Blumenauer Heinrich Pelosi vice, and there were—yeas 243, nays Boswell Higgins Perlmutter Requiring a small business owner to try to 177, not voting 12, as follows: Brady (PA) Himes Peters understand the intricacies of their health in- Braley (IA) Hinchey Polis surance policies would require considerable [Roll No. 286] Brown (FL) Hinojosa Price (NC) time on their own or with an insurance YEAS—243 Butterfield Hirono Quigley agent (who also probably has no idea how to Capps Holt Rangel interpret the verbiage in the policy as it re- Adams Gowdy Olson Capuano Honda Reyes Aderholt Granger Palazzo lates to abortion). Essentially H.R. 3 will Cardoza Hoyer Richardson Alexander Graves (GA) Paul Carnahan Inslee Richmond cause a small employer to divert time from Altmire Graves (MO) Paulsen Carney Israel Rothman (NJ) running the business. And if time is money, Amash Griffin (AR) Pearce Carson (IN) Jackson (IL) Roybal-Allard as we are all told, then H.R. 3 will be an in- Austria Griffith (VA) Pence Castor (FL) Jackson Lee Ruppersberger crease in cost for small businesses offering Bachmann Grimm Peterson Chandler (TX) Rush health insurance. Bachus Guinta Petri Chu Johnson (GA) Ryan (OH) Small businesses that finally determine Barletta Guthrie Pitts Cicilline Johnson, E. B. Sa´ nchez, Linda Bartlett Hall that their health insurance policy does in Platts Clarke (MI) Kaptur T. Barton (TX) Hanna Poe (TX) fact cover even one abortion service will be Clarke (NY) Keating Sanchez, Loretta Bass (NH) Harper Pompeo Clay Kind Sarbanes financially punished in one of two ways. Ei- Benishek Harris Posey Cleaver Kissell Schakowsky ther they can keep their present policy and Berg Hartzler Price (GA) Clyburn Kucinich Schiff lose thousands of dollars in hard won tax Biggert Hastings (WA) Quayle Cohen Langevin Schrader credits or they will give up their current Bishop (UT) Hayworth Rahall Connolly (VA) Larsen (WA) Schwartz health plan and most likely have to pay Black Heck Reed Conyers Larson (CT) Scott (VA) Blackburn Heller Rehberg Cooper Lee (CA) Scott, David higher premiums for a new plan. The latter Bonner Hensarling will result from both re-underwriting by a Reichert Courtney Levin Serrano Bono Mack Herger Renacci Critz Lewis (GA) Sewell new carrier and adding provisions now re- Boren Herrera Beutler Ribble Crowley Loebsack Sherman quired in any new policy. This is especially Boustany Holden Rigell Cuellar Lofgren, Zoe Sires true since the health insurance exchanges Brady (TX) Huelskamp Rivera Cummings Lowey Slaughter will not be in place until 2014 to increase Brooks Huizenga (MI) Roby Davis (CA) Luja´ n Smith (WA) competition for this business. Broun (GA) Hultgren Roe (TN) Davis (IL) Lynch Speier Buchanan Hunter Rogers (AL) DeFazio Maloney Stark H.R. 3 is simply a slap in the face to the Bucshon Hurt millions of small businesses now offering Rogers (KY) DeGette Markey Sutton Buerkle Issa DeLauro Matheson Thompson (CA) health insurance to employees and eligible Rogers (MI) Burgess Jenkins Rohrabacher Deutch Matsui Thompson (MS) for the new tax credits. Targeting small Burton (IN) Johnson (IL) Rokita Dicks McCarthy (NY) Tierney Calvert Johnson (OH) businesses for such punitive action, while ig- Rooney Dingell McCollum Tonko Camp Jones noring big businesses that also receive tax Ros-Lehtinen Doggett McDermott Towns Campbell Jordan benefits when offering health insurance, Roskam Doyle McGovern Tsongas Canseco Kelly Ross (AR) Edwards McNerney Van Hollen demonstrates a callous disregard for the Cantor Kildee Ross (FL) Ellison Meeks Vela´ zquez ‘‘backbone of our economy’’, as members of Capito King (IA) Royce Engel Michaud Visclosky Congress love to proclaim. Carter King (NY) Runyan Eshoo Miller (NC) Walz (MN) Cassidy Kingston I yield back the balance of my time. Ryan (WI) Farr Miller, George Wasserman Chabot Kinzinger (IL) Scalise Fattah Moore Schultz Mr. NUGENT. Madam Speaker, I Chaffetz Kline Schilling Filner Moran Waters need to correct one thing. The word Coble Labrador Schmidt Frank (MA) Murphy (CT) Watt ‘‘forcible’’ is nowhere in the statute or Coffman (CO) Lamborn Fudge Nadler Waxman Cole Lance Schock the legislation as we have it on the Schweikert Garamendi Napolitano Weiner Conaway Landry Gonzalez Neal Welch floor. Costello Lankford Scott (SC) Scott, Austin Green, Al Olver Wilson (FL) Madam Speaker, my colleagues on Cravaack Latham Green, Gene Owens Woolsey Crawford LaTourette Sensenbrenner the other side of the aisle would have Sessions Grijalva Pallone Wu Crenshaw Latta Gutierrez Pascrell Yarmuth you believe that H.R. 3 is about taking Culberson Lewis (CA) Shimkus away a woman’s right to choose. That Davis (KY) Lipinski Shuler NOT VOTING—12 Shuster Denham LoBiondo Akin Diaz-Balart Lummis is simply not true. H.R. 3 is about en- Simpson Dent Long Bilbray Emerson Nunnelee suring that taxpayers aren’t on the Smith (NE) DesJarlais Lucas Bilirakis Giffords Pingree (ME) Smith (NJ) hook for paying for that choice. My Dold Luetkemeyer Costa Johnson, Sam Thompson (PA) Democratic colleagues would have you Donnelly (IN) Lungren, Daniel Smith (TX) believe that we want to raise your Dreier E. Southerland b 1356 Duffy Mack Stearns taxes and allow the IRS to audit Duncan (SC) Manzullo Stivers Ms. BROWN of Florida changed her women. Again, that is simply not true. Duncan (TN) Marchant Stutzman vote from ‘‘yea’’ to ‘‘nay.’’ The bill is about one thing: keeping our Ellmers Marino Sullivan Messrs. COFFMAN of Colorado, Farenthold McCarthy (CA) Terry GARY G. MILLER of California, and tax dollars from being spent for elec- Fincher McCaul Thornberry tive abortions on demand. Fitzpatrick McClintock Tiberi HELLER changed their vote from The United States is currently bor- Flake McCotter Tipton ‘‘nay’’ to ‘‘yea.’’ rowing 42 cents of every dollar we Fleischmann McHenry Turner So the resolution was agreed to. Fleming McIntyre Upton spend. We are in debt and spending The result of the vote was announced Flores McKeon Walberg as above recorded. money we don’t have. We need to focus Forbes McKinley Walden A motion to reconsider was laid on on bringing our government back to its Fortenberry McMorris Walsh (IL) the table. core mission. You can’t tell me that Foxx Rodgers Webster Franks (AZ) Meehan West Mr. SMITH of Texas. Madam Speak- paying for elective abortions is part of Frelinghuysen Mica Westmoreland er, pursuant to House Resolution 237, I our core mission. Gallegly Miller (FL) Whitfield call up the bill (H.R. 3) to prohibit tax- I yield back the balance of my time, Gardner Miller (MI) Wilson (SC) Garrett Miller, Gary Wittman payer funded abortions and to provide and I move the previous question on Gerlach Mulvaney Wolf for conscience protections, and for the resolution. Gibbs Murphy (PA) Womack other purposes, and ask for its imme- The previous question was ordered. Gibson Myrick Woodall diate consideration. The SPEAKER pro tempore. The Gingrey (GA) Neugebauer Yoder Gohmert Noem Young (AK) The Clerk read the title of the bill. question is on the resolution. Goodlatte Nugent Young (FL) The SPEAKER pro tempore (Mrs. The question was taken; and the Gosar Nunes Young (IN) MYRICK). Pursuant to House Resolution Speaker pro tempore announced that NAYS—177 237, in lieu of the amendment in the na- the ayes appeared to have it. ture of a substitute recommended by Ackerman Baldwin Becerra Ms. SLAUGHTER. Madam Speaker, Andrews Barrow Berkley the Committee on the Judiciary, print- on that I demand the yeas and nays. Baca Bass (CA) Berman ed in the bill, the amendment in the

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6637 nature of a substitute printed in House ‘‘§ 303. Limitation on Federal facilities and that receives Federal financial assistance (either Report 112–71 is adopted and the bill, as employees directly or indirectly), may not subject any indi- amended, is considered read. ‘‘No health care service furnished— vidual or institutional health care entity to dis- The text of the bill, as amended, is as ‘‘(1) by or in a health care facility owned or crimination on the basis that the health care en- operated by the Federal Government; or tity does not provide, pay for, provide coverage follows: ‘‘(2) by any physician or other individual em- of, or refer for abortions. H.R. 3 ployed by the Federal Government to provide ‘‘(b) HEALTH CARE ENTITY DEFINED.—For Be it enacted by the Senate and House of Rep- health care services within the scope of the phy- purposes of this section, the term ‘health care resentatives of the United States of America in sician’s or individual’s employment, entity’ includes an individual physician or other Congress assembled, may include abortion. health care professional, a hospital, a provider- SEC. 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘§ 304. Construction relating to separate cov- sponsored organization, a health maintenance (a) SHORT TITLE.—This Act may be cited as erage organization, a health insurance plan, or any the ‘‘No Taxpayer Funding for Abortion Act’’. ‘‘Nothing in this chapter shall be construed as other kind of health care facility, organization, (b) TABLE OF CONTENTS.—the table of contents prohibiting any individual, entity, or State or or plan. for this Act is as follows: locality from purchasing separate abortion cov- ‘‘(c) REMEDIES.— Sec. 1. Short title; table of contents. erage or health benefits coverage that includes ‘‘(1) IN GENERAL.—The courts of the United States shall have jurisdiction to prevent and re- TITLE I—PROHIBITING FEDERALLY-FUND- abortion so long as such coverage is paid for en- dress actual or threatened violations of this sec- ED ABORTIONS AND PROVIDING FOR tirely using only funds not authorized or appro- tion by issuing any form of legal or equitable re- CONSCIENCE PROTECTIONS priated by Federal law and such coverage shall not be purchased using matching funds required lief, including— Sec. 101. Prohibiting taxpayer funded abor- for a federally subsidized program, including a ‘‘(A) injunctions prohibiting conduct that vio- tions and providing for conscience protec- State’s or locality’s contribution of Medicaid lates this section; and tions. matching funds. ‘‘(B) orders preventing the disbursement of all Sec. 102. Amendment to table of chapters. ‘‘§ 305. Construction relating to the use of non- or a portion of Federal financial assistance to a TITLE II—ELIMINATION OF CERTAIN TAX Federal funds for health coverage State or local government, or to a specific of- BENEFITS RELATING TO ABORTION fending agency or program of a State or local ‘‘Nothing in this chapter shall be construed as government, until such time as the conduct pro- Sec. 201. Deduction for medical expenses not restricting the ability of any non-Federal health hibited by this section has ceased. allowed for abortions. benefits coverage provider from offering abor- ‘‘(2) COMMENCEMENT OF ACTION.—An action Sec. 202. Disallowance of refundable credit tion coverage, or the ability of a State or local- under this subsection may be instituted by— for coverage under qualified health plan ity to contract separately with such a provider ‘‘(A) any health care entity that has standing which provides coverage for abortion. for such coverage, so long as only funds not au- to complain of an actual or threatened violation Sec. 203. Disallowance of small employer thorized or appropriated by Federal law are of this section; or health insurance expense credit for plan used and such coverage shall not be purchased ‘‘(B) the Attorney General of the United which includes coverage for abortion. using matching funds required for a federally States. Sec. 204. Distributions for abortion expenses subsidized program, including a State’s or local- ‘‘(d) ADMINISTRATION.—The Secretary of from certain accounts and arrangements ity’s contribution of Medicaid matching funds. included in gross income. Health and Human Services shall designate the ‘‘§ 306. Non-preemption of other Federal laws Director of the Office for Civil Rights of the De- TITLE I—PROHIBITING FEDERALLY-FUND- ‘‘Nothing in this chapter shall repeal, amend, partment of Health and Human Services— ED ABORTIONS AND PROVIDING FOR or have any effect on any other Federal law to ‘‘(1) to receive complaints alleging a violation CONSCIENCE PROTECTIONS the extent such law imposes any limitation on of this section; SEC. 101. PROHIBITING TAXPAYER FUNDED the use of funds for abortion or for health bene- ‘‘(2) subject to paragraph (3), to pursue the ABORTIONS AND PROVIDING FOR fits coverage that includes coverage of abortion, investigation of such complaints in coordination CONSCIENCE PROTECTIONS. beyond the limitations set forth in this chapter. with the Attorney General; and Title 1, United States Code is amended by ‘‘(3) in the case of a complaint related to a adding at the end the following new chapter: ‘‘§ 307. Construction relating to complications arising from abortion Federal agency (other than with respect to the ‘‘CHAPTER 4—PROHIBITING TAXPAYER ‘‘Nothing in this chapter shall be construed to Department of Health and Human Services) or FUNDED ABORTIONS AND PROVIDING apply to the treatment of any infection, injury, program administered through such other agen- FOR CONSCIENCE PROTECTIONS disease, or disorder that has been caused by or cy or any State or local government receiving ‘‘Sec. exacerbated by the performance of an abortion. Federal financial assistance through such other ‘‘301. Prohibition on funding for abortions. This rule of construction shall be applicable agency, to refer the complaint to the appro- ‘‘302. Prohibition on funding for health benefits without regard to whether the abortion was per- priate office of such other agency.’’. plans that cover abortion. formed in accord with Federal or State law, and SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. ‘‘303. Limitation on Federal facilities and em- without regard to whether funding for the abor- The table of chapters for title 1, United States ployees. tion is permissible under section 308. Code, is amended by adding at the end the fol- ‘‘304. Construction relating to separate cov- ‘‘§ 308. Treatment of abortions related to rape, lowing new item: erage. incest, or preserving the life of the mother ‘‘4. Prohibiting taxpayer funded abor- ‘‘305. Construction relating to the use of non- tions and providing for conscience Federal funds for health cov- ‘‘The limitations established in sections 301, protections ...... 301’’. erage. 302, and 303 shall not apply to an abortion— ‘‘(1) if the pregnancy is the result of an act of ‘‘306. Non-preemption of other Federal laws. TITLE II—ELIMINATION OF CERTAIN TAX rape or incest; or ‘‘307. Construction relating to complications BENEFITS RELATING TO ABORTION ‘‘(2) in the case where a woman suffers from arising from abortion. a physical disorder, physical injury, or physical SEC. 201. DEDUCTION FOR MEDICAL EXPENSES ‘‘308. Treatment of abortions related to rape, in- NOT ALLOWED FOR ABORTIONS. illness that would, as certified by a physician, cest, or preserving the life of the (a) IN GENERAL.—Section 213 of the Internal place the woman in danger of death unless an mother. Revenue Code of 1986 is amended by adding at abortion is performed, including a life-endan- ‘‘309. Application to District of Columbia. the end the following new subsection: gering physical condition caused by or arising ‘‘310. No government discrimination against cer- ‘‘(g) AMOUNTS PAID FOR ABORTION NOT from the pregnancy itself. tain health care entities. TAKEN INTO ACCOUNT.— ‘‘§ 309. Application to District of Columbia ‘‘§ 301. Prohibition on funding for abortions ‘‘(1) IN GENERAL.—An amount paid during the ‘‘In this chapter: taxable year for an abortion shall not be taken ‘‘No funds authorized or appropriated by Fed- ‘‘(1) Any reference to funds appropriated by into account under subsection (a). eral law, and none of the funds in any trust Federal law shall be treated as including any ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not fund to which funds are authorized or appro- amounts within the budget of the District of Co- apply to— priated by Federal law, shall be expended for lumbia that have been approved by Act of Con- ‘‘(A) an abortion— any abortion. gress pursuant to section 446 of the District of ‘‘(i) in the case of a pregnancy that is the re- ‘‘§ 302. Prohibition on funding for health bene- Columbia Home Rule Act (or any applicable suc- sult of an act of rape or incest, or fits plans that cover abortion cessor Federal law). ‘‘(ii) in the case where a woman suffers from ‘‘None of the funds authorized or appro- ‘‘(2) The term ‘Federal Government’ includes a physical disorder, physical injury, or physical priated by Federal law, and none of the funds the government of the District of Columbia. illness that would, as certified by a physician, in any trust fund to which funds are authorized ‘‘§ 310. No government discrimination against place the woman in danger of death unless an or appropriated by Federal law, shall be ex- certain health care entities abortion is performed, including a life-endan- pended for health benefits coverage that in- ‘‘(a) NONDISCRIMINATION.—A Federal agency gering physical condition caused by or arising cludes coverage of abortion. or program, and any State or local government from the pregnancy, and

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The Congres- exacerbated by the performance of an abor- than any abortion or treatment described in sec- sional Budget Office has estimated that tion.’’. tion 213(g)(2)) from a health flexible spending the Federal Government would pay for (b) EFFECTIVE DATE.—The amendment made arrangement provided under a cafeteria plan. by this section shall apply to taxable years be- Such reimbursement shall not fail to be a quali- as many as 675,000 abortions each year ginning after the date of the enactment of this fied benefit for purposes of this section merely without the Hyde Amendment and Act. as a result of such inclusion in gross income.’’. other provisions that prevent the Fed- SEC. 202. DISALLOWANCE OF REFUNDABLE CRED- (b) ARCHER MSAS.—Paragraph (1) of section eral funding of abortion. IT FOR COVERAGE UNDER QUALI- 220(f) of such Code is amended by inserting be- The American people do not want FIED HEALTH PLAN WHICH PRO- fore the period at the end the following: ‘‘, ex- federally funded abortions. A Zogby VIDES COVERAGE FOR ABORTION. cept that any such amount used to pay for an poll found that 77 percent of Americans (a) IN GENERAL.—Subparagraph (A) of section abortion (other than any abortion or treatment feel that Federal funds should never 36B(c)(3) of the Internal Revenue Code of 1986 is described in section 213(g)(2)) shall be included amended by inserting before the period at the pay for abortions or should pay only to in the gross income of such holder’’. save the life of the mother. That is the end the following: ‘‘or any health plan that in- (c) HSAS.—Paragraph (1) of section 223(f) of cludes coverage for abortions (other than any such Code is amended by inserting before the policy of the Hyde Amendment, which abortion or treatment described in section period at the end the following: ‘‘, except that H.R. 3 would enact into law. 213(g)(2))’’. any such amount used to pay for an abortion H.R. 3 does not ban abortion. It also (b) OPTION TO PURCHASE OR OFFER SEPARATE (other than any abortion or treatment described does not restrict abortions or abortion COVERAGE OR PLAN.—Paragraph (3) of section in section 213(g)(2)) shall be included in the coverage in health care plans as long as 36B(c) of such Code is amended by adding at the gross income of such beneficiary’’. those abortions or plans use only pri- end the following new subparagraph: (d) EFFECTIVE DATES.— vate or State funds. This legislation ‘‘(C) SEPARATE ABORTION COVERAGE OR PLAN (1) FSA REIMBURSEMENTS.—The amendment places no additional legal restrictions ALLOWED.— made by subsection (a) shall apply to expenses ‘‘(i) OPTION TO PURCHASE SEPARATE COVERAGE on abortions. It simply protects tax- incurred with respect to taxable years beginning payers from having to fund or to sub- OR PLAN.—Nothing in subparagraph (A) shall be after the date of the enactment of this Act. construed as prohibiting any individual from (2) DISTRIBUTIONS FROM SAVINGS ACCOUNTS.— sidize something they morally oppose. purchasing separate coverage for abortions de- The amendments made by subsection (b) and (c) H.R. 3 also is necessary to fix the re- scribed in such subparagraph, or a health plan shall apply to amounts paid with respect to tax- cent health care law. Absolutely noth- that includes such abortions, so long as no cred- able years beginning after the date of the enacting in that law prevents the Federal it is allowed under this section with respect to ment of this Act. funding of abortions under the pro- the premiums for such coverage or plan. grams it creates. ‘‘(ii) OPTION TO OFFER COVERAGE OR PLAN.— The SPEAKER pro tempore. The bill Nothing in subparagraph (A) shall restrict any shall be debatable for 1 hour, with 40 Neither Congress nor the administra- non-Federal health insurance issuer offering a minutes equally divided and controlled tion should take the view that they health plan from offering separate coverage for by the chair and ranking minority know better than the American people abortions described in such subparagraph, or a member of the Committee of the Judi- what is good for them. Congress should plan that includes such abortions, so long as ciary, 10 minutes equally divided and pass H.R. 3 to codify the longstanding premiums for such separate coverage or plan are controlled by the chair and ranking ban on the Federal funding of abor- not paid for with any amount attributable to minority member of the Committee on tions. the credit allowed under this section (or the Madam Speaker, I reserve the bal- amount of any advance payment of the credit Ways and Means, and 10 minutes equally divided and controlled by the chair ance of my time. under section 1412 of the Patient Protection and Mr. CONYERS. I yield myself 3 min- Affordable Care Act).’’. and ranking minority member of the (c) EFFECTIVE DATE.—The amendment made utes. Committee on Energy and Commerce. Madam Speaker and Members of the by this section shall apply to taxable years end- The gentleman from Texas (Mr. ing after December 31, 2013. House, the problem with this bill is SMITH) and the gentleman from Michi- that it reaches far beyond Federal SEC. 203. DISALLOWANCE OF SMALL EMPLOYER gan (Mr. CONYERS) each will control 20 HEALTH INSURANCE EXPENSE funding in that it subjects women to CREDIT FOR PLAN WHICH INCLUDES minutes. The gentleman from Texas profound government intrusion, that it COVERAGE FOR ABORTION. (Mr. BRADY), the gentleman from restricts women’s access to health (a) IN GENERAL.—Subsection (h) of section Michigan (Mr. LEVIN), the gentleman care, and that it targets small busi- 45R of the Internal Revenue Code of 1986 is from Pennsylvania (Mr. PITTS), and the nesses for disparate treatment under amended— gentlewoman from Colorado (Ms. (1) by striking ‘‘Any term’’ and inserting the the Tax Code. That’s why I have more DEGETTE) each will control 5 minutes. following: than a dozen organizations, ranging ‘‘(1) IN GENERAL.—Any term’’, and The Chair recognizes the gentleman from the American Nurses Association (2) by adding at the end the following new from Texas (Mr. SMITH). to the YWCA, which are all opposed to paragraph: GENERAL LEAVE this legislation. In addition, this bill ‘‘(2) EXCLUSION OF HEALTH PLANS INCLUDING Mr. SMITH of Texas. Madam Speak- will punish women for their private COVERAGE FOR ABORTION.—The terms ‘qualified er, I ask unanimous consent that all health plan’ and ‘health insurance coverage’ health care decisions, and will subject shall not include any health plan or benefit that Members have 5 legislative days to re- them to profound government intru- includes coverage for abortions (other than any vise and extend their remarks and in- sion. So this is not a Democrat versus abortion or treatment described in section clude extraneous material on H.R. 3. Republican issue. It is a very impor- 213(g)(2)).’’. The SPEAKER pro tempore. Is there tant personal decision. (b) EFFECTIVE DATE.—The amendments made objection to the request of the gen- Now, the goal of this bill—and I’d by this section shall apply to taxable years be- tleman from Texas? like to suggest it from the outset of ginning after the date of the enactment of this There was no objection. this discussion—is to make it impos- Act. Mr. SMITH of Texas. I yield myself sible to obtain abortion services even SEC. 204. DISTRIBUTIONS FOR ABORTION EX- PENSES FROM CERTAIN ACCOUNTS such time as I may consume. when paid for with purely private, non- AND ARRANGEMENTS INCLUDED IN First, let me recognize the gentleman Federal funds. If there is anyone who GROSS INCOME. from New Jersey (Mr. SMITH), the chief has a different view about this, I hope (a) FLEXIBLE SPENDING ARRANGEMENTS sponsor of H.R. 3, for his persistent that it gets expressed this afternoon. UNDER CAFETERIA PLANS.—Section 125 of the leadership over the years on this issue. Finally, H.R. 3 subjects small busi- Internal Revenue Code of 1986 is amended by re- nesses to disparate treatment under designating subsections (k) and (l) as sub- b 1400 the tax laws; and as one who supports sections (l) and (m), respectively, and by insert- Many Members and the American ing after subsection (j) the following new sub- small business and workers in this section: people have strong feelings about the country, that alone would turn my sup- ‘‘(k) ABORTION REIMBURSEMENT FROM FLEXI- subject of abortion, but one thing is port against this measure. BLE SPENDING ARRANGEMENT INCLUDED IN clear: The Federal funding of abortion Madam Speaker, I reserve the bal- GROSS INCOME.—Notwithstanding section 105(b), will lead to more abortions. For exam- ance of my time.

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Mr. SMITH of Texas. Madam Speak- committee on the Constitution, JERRY There is also a provision in this bill er, I yield 2 minutes to the gentleman NADLER of New York. that might allow any health care pro- from Wisconsin (Mr. SENSENBRENNER), Mr. NADLER. I thank the gentleman vider or institution to refuse to provide the former chairman of the Judiciary for yielding. an abortion to a woman whose life de- Committee and the current chairman Madam Speaker, this bill has nothing pends on having that abortion. They of the Crime Subcommittee of the Ju- to do with creating jobs, reducing our could let that woman die right there in diciary. deficit or bolstering our economy. It the emergency room, and the govern- Mr. SENSENBRENNER. I thank the addresses, instead, the completely fic- ment would be powerless to do any- gentleman for yielding. titious claim that legislation is needed thing. In fact, if the government in- Madam Speaker, today we are pre- to prevent the Federal funding of abor- sisted that the hospital not let the sented with an opportunity to take a tion services. This bill has been falsely woman die, the bill would allow the giant step toward protecting the un- advertised as a mere codification of ex- hospital to sue the government and, in born. For almost 35 years, restrictions isting law prohibiting the Federal the case of a State or locality, strip on the use of Federal funds for abortion funding of abortion. that community of all Federal funding have been enacted separately and have I have always opposed the unfair re- until the jurisdiction relented. been contained in annually renewed strictions on Federal funding for a per- b 1410 congressional temporary funding re- fectly legal health care procedure, but strictions, regulations and Executive this bill goes far beyond prohibiting Despite the fact that Republicans orders. Such policies have sought to Federal funding. The real purpose and made a big show of taking out lan- ensure that the American taxpayer effect of this bill is to eliminate pri- guage limiting rape to forcible rape, does not fund the destruction of inno- vate health care choices for women by the committee report now says that cent human life through abortion. The imposing significant tax penalties on the bill still excludes victims of statu- legislation on the floor today will end families and small businesses when tory rape in order to close a ‘‘loop- the need for numerous separate abor- they use their own money to pay for hole.’’ That is right. You women who tion funding policies, and will finally health insurance or medical care. This have been sexually victimized are real- put into place a permanent ban on any tax penalty is intended to drive insur- ly just a loophole. Frankly, disgusting. U.S. Government financial support for ance companies into dropping abortion A vote for this bill, Madam Speaker, abortion. services from existing private health is a vote for a tax increase on women, Each year, the abortion industry is care policies that women and families families, and small businesses. It is a allocated millions of tax dollars to ad- now have and rely upon. vote for taking away the existing vance its agenda. Last year alone, the This bill claims that a tax credit or health insurance that women and fami- Planned Parenthood Federation of deduction is a form of government lies now have and pay for with their America collected more than 360 mil- funding. It follows that tax-deductible own funds. It is a vote to elevate the lion taxpayer-funded dollars. Because charitable contributions to a church, right to refuse care over the obligation all money is fungible, when taxpayers synagogue or other religious institu- to provide lifesaving care. It deserves pay an organization like Planned Par- tion are also government funding—a to be defeated. enthood millions of dollars, we cannot position my Republican colleagues Mr. SMITH of Texas. Madam Speak- help but empower and promote all of have never taken and that, if taken, er, I yield 2 minutes to the gentleman that organization’s activities. Tax- would prohibit tax deductions for char- from Arizona (Mr. FRANKS), who is the paying Americans are fed up. They are itable contributions to religious orga- chairman of the Constitution Sub- tired of their hard-earned money being nizations because they would then be committee of the Judiciary Com- spent on supporting and promoting the violations of the Establishment Clause mittee. abortion industry. of the First Amendment. Mr. FRANKS of Arizona. I thank the Under H.R. 3, Federal funds will be You can’t have it both ways. Either gentleman. prohibited for elective abortion cov- tax exemptions, deductions or credits Madam Speaker, it is said that a gov- erage through any program in the U.S. for private spending are government ernment is what it spends. This bill is Department of Health and Human funding or they are not. If they are not, really about whether the role of Amer- Services. The legislation prevents the this bill makes no sense. If they are, ica’s government is to fund a practice funding for abortion as a method of then tax-deductible private contribu- that takes the lives of over 1 million family planning overseas. It prohibits tions to religious institutions are gov- unborn American babies every year, de- funding for elective abortion coverage ernment funding prohibited by the spite the fact that the overwhelming for Federal employees, and it prevents Constitution. majority of Americans, even some of taxpayer-funded abortions in Wash- The power to tax is the power to de- those who consider themselves pro- ington, D.C. stroy, and here, the taxing power is choice, strongly object to their tax- Importantly, H.R. 3 would also pro- being used to destroy the right of every payer dollars being used to pay for tect the conscience-driven health care American to make private health care abortions. providers from being forced by the gov- decisions free from government inter- In 1973, Madam Speaker, the United ernment to participate in abortions. ference. This bill is an unprecedented States Supreme Court said the unborn The conscience clause is critically attack on the use of private funds to child was not a person under the Con- needed in order to protect health care make private health care choices, and stitution and we have since witnessed providers who do not want to take part is part of the new House majority’s the tragic deaths of over 50 million in- in the abortion business. Without it, broader and disturbing attack on wom- nocent little baby boys and girls who people could be forced to participate in en’s access to health care. died without the protection we in this something they strongly believe to be After 2 years of hearing my Repub- Chamber should have given them. morally wrong. Faith-based hospitals lican colleagues complain that govern- Some of this was carried out with tax- could lose funding and be forced to ment should not meddle in the private payer dollars before the Hyde amend- close. insurance market or in private health ment and other such laws were in It is time to end taxpayer-funded care choices, I am astounded by this place, and taxpayer funding of abortion abortions. I strongly support this im- legislation, which is so obviously de- could recommence in the future under portant and needed approach to pre- signed to do just that. It seems that ObamaCare. serve and promote the sanctity of life many Republicans believe in freedom So before we vote on this bill, it is in our country. provided that no one uses that freedom important for Members to ask them- Mr. CONYERS. Madam Speaker, I in a way that Republicans find objec- selves the real question: Does abortion would like now to yield 3 minutes to tionable. It is a strange understanding take the life of a child? If it does not, the former chairman of the Sub- of freedom. then this is simply a budgetary issue.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6640 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 But if abortion really does kill a little is one that we must vigorously protect, Nation, founded on life, liberty and the baby, then those of us sitting here in and I have cosponsored many bills to pursuit of happiness. That is why it these chambers of freedom are pre- do that, including the Right to Life should pass and that is why I am a siding over the greatest human geno- Act last Congress. proud sponsor and urge a ‘‘yes’’ vote on cide in the history of humanity, and While there are many divergent the legislation. some of it may be financed in the fu- views on this topic, one thing that Mr. CONYERS. I yield 2 minutes to ture, Madam Speaker, with taxpayer most agree on is that it is wholly im- the gentleman from Iowa (Mr. BRALEY). dollars over which we will have had di- proper for the Federal Government to Mr. BRALEY of Iowa. I thank the rect control. use taxpayers’ hard-earned dollars to gentleman for yielding. Madam Speaker, our Founding Fa- fund abortions. This is a moral issue of If you remember only one thing thers believed there were certain self- the highest importance to many tax- about this bill, remember this: It is a evident truths that were worth holding payers and to force them to fund these solution in search of a problem. The on to. The greatest of those truths in activities is completely unacceptable. simple truth is that there are no tax- their minds was the transcendent For many Americans, taxpayer-funded payer dollars being used to pay for meaning of this gift of God called abortions would constitute an extreme abortions. None. Zero. Nada. human life. Our Constitution says no violation of conscience that should not Don’t be fooled by this bill. It isn’t person shall be deprived of life, liberty be sanctioned by this Congress. about funding. It is about preventing or property without due process of law. I urge my colleagues to support H.R. women from being able to access com- Thomas Jefferson said that ‘‘The care 3, and I want to thank the gentleman prehensive health care. That is what of human life and its happiness and not from New Jersey, Mr. SMITH, and the this bill is about. The debate is about its destruction is the chief and only ob- gentleman from Texas, Mr. SMITH, for whether politicians sitting in Congress ject of good government.’’ first introducing and then advancing should dictate the personal, private Madam Speaker, protecting the lives this legislation. medical decisions of the American peo- and constitutional rights of our fellow Mr. CONYERS. Madam Speaker, I am ple. It aims to impose intrusive govern- Americans is why we are all here, and proud to yield 1 minute to the gentle- ment rules on personal medical deci- forcing taxpayers to pay for the indis- woman from California (Ms. WOOLSEY), sions. criminate killing of helpless little baby a strong progressive in this Congress. The bill’s supporters don’t want abor- Americans is not good government and Ms. WOOLSEY. I thank the gen- tion, any abortion, to be legal in the it should be ended once and for all. tleman. United States, and so they are adding Mr. CONYERS. Madam Speaker, I am Madam Speaker, for the last 18 years as many bureaucratic rules as they can pleased to yield 1 minute to the gentle- as a Member of this body I have lis- come up with. This bill would not allow woman from California (Ms. CHU), a tened to Republicans go on and on an exception for rape and incest for distinguished member of the Judiciary about keeping government out of the women in the military and military de- Committee. health care system. That and taking pendents. Ms. CHU. Imagine what life would be away the voice of women actually puts b 1420 like for women under H.R. 3. Imagine the government between that woman you are pregnant and then diagnosed and her most private health care deci- Think about that. Military studies in with breast cancer. Your doctor says sions and is the biggest, the most in- news reports suggest that the sexual that chemotherapy could save your trusive government of all. assault in the military is unconscion- life, but will permanently harm the I thought my Republican friends ably high. CBS News reported that one baby. The diagnosis is devastating. But hated taxes, but apparently they hate in three military women experience to add to your grief, because of H.R. 3, reproductive freedom and women’s sexual assault during their career in an abortion will not be covered by your rights even more, because this bill the service. One in three. This is out- private health insurance. You must would raise taxes on small businesses rageous. And yet under this bill, those pay out of pocket, even though it is that provide their employees with brave women who took an oath to de- necessary to save your life. health plans that include abortion cov- fend and support the Constitution of Imagine IRS agents as abortion cops. erage. And in one of its most egregious this country and put their lives on the You see, under H.R. 3 you couldn’t de- provisions, this bill could lead to IRS line every day, if they are sexually as- duct an abortion as a medical expense audits of women who seek abortion saulted by a peer and become pregnant, unless it were the result of rape or in- care after they have had a sexual as- would not have an opportunity to get cest, even though you are using your sault. Absolutely unconscionable. Vote an abortion under this rule. own money and even though you can ‘‘no’’ on H.R. 3. That’s what we’re talking about deduct every other medical procedure. Mr. SMITH of Texas. Madam Speak- today. And that is the contrast be- Imagine the IRS knocking at your door er, I yield 30 seconds to the gentleman tween these two philosophies of the demanding receipts and grilling you from Ohio (Mr. JORDAN), who is a mem- role of government and the personal- about your rape. ber of the Judiciary Committee and private medical decisions of women. This bill forces women to live their also chairman of the Republican Study And that is why I ask my colleagues to lives as if America was Orwell’s 1984, Committee. reject this bill. where big brother Washington bureau- Mr. JORDAN. I thank the gentleman Mr. SMITH of Texas. Madam Speak- crats dictate the personal and private from Texas, the distinguished chair of er, I yield 1 minute to the gentlewoman health decisions of American families. the Judiciary Committee. from Ohio (Mrs. SCHMIDT). Stop these attacks on women. Oppose Look, life is precious, life is sacred, Mrs. SCHMIDT. I want to thank H.R. 3. and government should protect that CHRIS SMITH and Chairman SMITH for Mr. SMITH of Texas. Madam Speak- basic fact. It is not some grant from this very simple but profound bill. er, I yield 1 minute to the gentleman government. It is a gift from God. Our Ladies and gentlemen, all this bill from Virginia (Mr. GOODLATTE), the founders understood that when they does is end public funding—taxpayer chairman of the Intellectual Property talked about the creator giving us this funding—of abortion. The driving force Subcommittee of the Judiciary Com- inalienable right, and the fact that we behind H.R. 3 is simply to update the mittee. live in the greatest Nation in history longstanding Hyde amendment and Mr. GOODLATTE. I thank the chair- and our tax dollars are used to destroy apply it to programs that are federally man for yielding. the life of unborn children is just plain funded but outside the scope of the Madam Speaker, as a cosponsor, I wrong. Labor-HHS appropriations as well as rise today in support of H.R. 3, the No This bill corrects that. This bill is replace a patchwork system with per- Taxpayer Funding for Abortion Act. I what the American people want, and manent law. It takes the Hyde amend- have long believed that the right to life this bill is consistent with this great ment, the Dornan amendment, the

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Helms amendment, the Hyde-Weldon from Indiana (Mr. PENCE), a member of Association of Nurse Practitioners, the amendment, as well as others, and the Judiciary Committee and the vice National Organization of Women, the makes them permanent. That’s what chairman of the Constitution Sub- National Women’s Law Center, People the bill does. committee. for the American Way, the Union for H.R. 3 enjoys great bipartisan sup- Mr. PENCE. I thank the gentleman Reform Judaism, the United Church of port and had over 227 cosponsors. The for yielding. Christ, the United Methodist Church, support of this bill is in the public’s I rise in strong support of H.R. 3, the and the YWCA, plus numerous others. hands. A CNN poll recently taken last No Taxpayer Funding for Abortion Act. Madam Speaker, I reserve the bal- month said 61 percent of the respond- I believe that ending an innocent ance of my time. ents do not want their tax dollars used human life is morally wrong. But I also Mr. SMITH of Texas. Madam Speak- to pay for abortions. And that’s what believe it’s morally wrong to take the er, I yield 1 minute to the gentleman this bill does. It ends the public fund- taxpayer dollars of millions of pro-life from Michigan (Mr. AMASH). ing of abortions. There are a host of Americans and use it to fund a proce- Mr. AMASH. Free societies are other polls that clearly state the same dure that they find morally offensive. founded on a core set of rights—rights thing. Fortunately, for over 30 years, a patch- that are beyond the reach of govern- The Hyde amendment is in current work of policies has regulated Federal ment and that no other person or group law but it simply needs to be broadened funding and denied Federal funding for can take away. The Founders created for all the things that we do here in abortion in America. our government to secure these Congress. But today, thanks to the yeoman’s unalienable rights, and chief among I ask my colleagues to vote for this work of Congressman CHRIS SMITH of them is the right to life. very important bill. New Jersey and Congressman DAN President’s recognize this right when Mr. CONYERS. Madam Speaker, I am LIPINSKI, we’re bringing forward a bi- they weigh carefully whether to put proud to yield 1 minute to the former partisan measure that will send a clear our soldiers in harm’s way. Our judici- chair of the Congressional Black Cau- and strong and codified message that ary respects this right when it spends cus, the gentlewoman from California, the American people don’t want to years reviewing each and every capital BARBARA LEE. allow public funding of abortion at the punishment case. Yet this same gov- Ms. LEE. I want to thank our rank- Federal level. I strongly support it. ernment authorizes, and in some cases ing member for his leadership and for The man who first brought this idea pays for, the routine taking of the leading for so many years on so many before the Congress was the late Henry most innocent of lives—the lives of the important issues. Hyde. I had the privilege of serving unborn. Madam Speaker, here we go again. with him. His eloquence cannot be It is unconscionable that in a coun- Instead of working on creating jobs and matched, but it can be repeated. Henry try founded explicitly to protect indi- jump-starting the economy, we’re de- said, ‘‘I believe nothing in this world of viduals’ fundamental rights we allow bating another cynical and divisive at- wonders is more beautiful than the in- the regular violation of the right to tempt to strip away the rights of nocence of a child, that little, almost- life. Worse yet, the government forces women. Republicans continue to per- born infant struggling to live as a each of us to pay for the killing of in- petrate their war on women while mil- member of the human family; and nocent life. lions of people around the country are abortion is a lethal assault against the I urge you to vote for H.R. 3, to desperate for jobs to help provide for very idea of human rights and de- strengthen our protection of the right their families. Let me be clear. Current stroys, along with a defenseless little to life. Mr. CONYERS. Madam Speaker, I am law already bans Federal funds from baby, the moral foundation of our de- proud to yield 2 minutes to the minor- being used for abortions. That is a mocracy.’’ ity whip from Maryland, STENY HOYER. fact—even though I personally think Today, we say ‘‘yes’’ to life but we we should get rid of that ban. also say ‘‘yes’’ to respecting the moral b 1430 What’s next? Are we going to block sensibilities of millions of Americans Mr. HOYER. I thank the gentleman transportation funding because it who, wherever they stand on this divi- for yielding. might be used to build a road to a hos- sive social question, stand broadly for Two minutes, of course, is not time pital that provides a road to abortion? the principle that no taxpayer dollars enough to discuss this issue, but I rise Come on. By the logic of this bill, any should be used to subsidize abortion at in opposition to this piece of legisla- type of Federal funding, whether it’s home or abroad. H.R. 3 is that legislation. health related or not, would become tion. I urge my colleagues to support With millions out of work, the Amer- abortion money. That is such a cynical it. ican people sent Congress a strong ploy on the majority side. Mr. CONYERS. Madam Speaker, I mandate in the last election: take ac- This bill specifically attacks low-in- yield myself such time as I may con- tion on jobs. Yet after 4 months in the come women in the District of Colum- sume. House majority, Republicans have yet bia by permanently prohibiting the It has been mistakenly repeated at to put forward a jobs agenda. What are District from spending its purely local least a dozen times on the floor that they doing instead? They are pursuing funds on abortions for low-income without this bill Federal funds could be a controversial social agenda, one that women. used for abortion. I want it to be clear is far too extreme for most Americans. The SPEAKER pro tempore. The on the RECORD that that is incorrect. Let me say something to my col- time of the gentlewoman has expired. I’m sorry that I have to make this leagues on the other side of the aisle, Mr. CONYERS. I yield the gentle- statement. my friends on the other side of the woman 30 additional seconds. This legislation subjects women to aisle. Some of you, I think, probably Ms. LEE. These women in the Dis- profound government intrusion. It re- characterize yourselves as libertarians, trict have already begun to feel the stricts women’s access to health care, or close to libertarians. You believe the terrible effects of the rider passed al- and it targets small businesses for ad- government ought to stay out of peo- ready in the CR. This is outrageous. ditional taxing under our IRS Code. ple’s lives. I think that’s a worthwhile It’s ideologically driven and it’s dan- There are many, many organizations premise. I have been here for, as some gerous. that are opposed to this legislation: of you know, a long time, some 30 So let’s reject this bill and this at- The American Nurses Association, the years; and I have heard Republicans tack and this dangerous war on women, American Civil Liberties Union, the say so often, it’s their money, let them especially low-income women. Vote American Congress of Obstetricians keep their money, they know better ‘‘no’’ on H.R. 3. and Gynecologists, Catholics for how to spend their money. Mr. SMITH of Texas. Madam Speak- Choice, the Equal Health Network, the So what do you do today, my friends? er, I yield 11⁄2 minutes to the gentleman Human Rights Campaign, the National What you say is, well, it’s your money,

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and, yes, we’ll give you a tax credit, if tleman from Florida, TED DEUTCH, a Mr. CONYERS. I am pleased now to you spend it the way we want you to member of the Judiciary Committee. yield 1 minute to the distinguished spend it. That’s what this legislation Mr. DEUTCH. I rise today in opposi- gentlelady from Connecticut, ROSA says: it’s your money, but if you don’t tion to H.R. 3, but I also rise in great DELAURO. spend it the way we want you to spend disappointment that the people’s House Ms. DELAURO. Madam Speaker, I it, we will not give you the tax credit is again engaging in a debate about the rise in strong opposition to this over- that every other American can get. rights of women rather than a discus- reaching legislation, which raises How far can you take that, my sion about the challenges our Nation taxes, threatens the health of our econ- friends? In tax preference after tax faces. omy, and endangers women’s health. For months, Democrats have urged preference after tax preference, we can This bill will raise taxes on small say, you don’t get it if you don’t spend this body to refocus its efforts on jobs; yet since the Congress convened in businesses that offer comprehensive it the way we want you to spend it. I health coverage for women. It will pun- want you to think about that. I want January, the Republican majority has failed to bring to the floor any meas- ish perfectly legal private health deci- you to think about the precedent that sions by raising taxes on plans that you’re setting here, the social activism ures to help create jobs. Their negligence is showing. Instead of working offer coverage for abortion. Eighty- that you are embarking upon, on the seven percent of private health plans imposition of your views on others in a bipartisan way to regain America’s economic strength, we again find our- will be impacted by this unprecedented through the Tax Code. assault, and Americans will see their My friends, this bill undermines, selves on the floor in a divisive debate over women’s reproductive freedoms. health insurance options restricted or more than any bill that I have seen, taken away. the rights of women under the Con- That’s right. Rather than wage a war stitution of the United States. on unemployment, my Republican col- With this legislation, we have yet an- The SPEAKER pro tempore. The leagues are waging a war on women’s other example of the majority’s real time of the gentleman has expired. health. priorities, not to create jobs, not to Mr. HOYER. May I have 1 additional Under this legislation’s logic, anyone grow the economy, not to reduce the minute? who has government-subsidized insur- deficit but to advance a divisive social Mr. CONYERS. I yield my friend an ance coverage—which is really every- agenda by manipulating the Tax Code. additional 30 seconds. one who has private health insurance, And they’re doing more than just Mr. HOYER. Stingy, aren’t you? I for we exempt employers from paying raising taxes. Rather than trusting miss my 1 minute, ladies and gentle- taxes on health benefits—would be for- women, like the majority of Americans men, I tell you that. The public won’t bidden from abortion. do, the House majority is trying to Where does it end? The answer is it know what I’m talking about, of force women back into traditional doesn’t end. Even in the face of over- course. roles. They are risking their very whelming support for women’s rights But the fact of the matter is this bill health. The report that accompanied among the American people, even in is bad public policy, it’s bad for wom- this bill goes even further; it tries to the face of more pressing challenges, en’s health, and it’s bad for America. redefine rape and narrow the exception real challenges like the jobs crisis, Vote ‘‘no’’ on this bill. Let freedom for sexual assault. nothing stops my Republican col- ring. leagues from their assault on a wom- This bill is unconscionable, and I ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE an’s right to choose. urge my colleagues to oppose it. Let’s The SPEAKER pro tempore. Mem- I urge a ‘‘no’’ vote. create jobs. We should not be raising bers are advised to address their re- Mr. SMITH of Texas. Madam Speak- taxes and putting women’s lives at risk marks to the Chair. er, I yield 1 minute to my colleague to appease an ideological agenda. Mr. SMITH of Texas. I yield 1 minute from Texas (Mr. HENSARLING), who is Mr. SMITH of Texas. I yield 30 sec- to the gentleman from Kansas (Mr. also the chairman of the Republican onds to the gentleman from Louisiana HUELSKAMP). Conference. (Mr. LANDRY). Mr. HUELSKAMP. Madam Speaker, I Mr. HENSARLING. Madam Speaker, Mr. LANDRY. Madam Speaker, a appreciate the opportunity to speak I rise to proudly support H.R. 3 for large majority of Americans oppose today. Clearly, there is one clear issue three simple reasons: taxpayer subsidies for abortion. Those before us in H.R. 3, and it is whether or Number one, this bill just simply who oppose this bill, including the not Americans shall be required to helps codify what has de facto been our President, claim that it denies access fund the taking of innocent human life. policy for 35 years through the Hyde to health care for women. My message It has been indicated that this is con- amendment, and that is a policy that to them is simple: the majority of troversial, and it certainly is; but with- no way, shape or form outlaws abor- women are opposed to having their out a doubt the American people de- tion; it simply says Federal taxpayers hard-earned tax dollars spent on abor- mand they not be required to subsidize will not be compelled to subsidize tion. In a recent survey, it was found abortion. them. that 70 percent of women oppose tax- The second issue here, Madam Speak- Second of all, Madam Speaker, at a payer funding for abortion. er, is the question that over and over time when our Nation is going broke, we’ve heard from my colleagues that where we’re borrowing 42 cents on the We must permanently end this prac- they would like to see abortion rare. dollar, much of it from the Chinese and tice. It is our duty to act and to act That is what this bill does. With the sending the bill to our children and now. I urge my colleagues to listen to subsidization of abortion, it expands. grandchildren, maybe, maybe those the majority of Americans who strong- This bill will limit the payments and programs that have the least consensus ly oppose publicly funding abortion restrict and prohibit the use of Federal and are most divisive among us ought services and pass this bill. taxpayer dollars for the funding of to be the first to lose their taxpayer Mr. CONYERS. Madam Speaker, I abortion. That’s what this bill does. subsidies. yield 1 minute to the distinguished Madam Speaker, again it is very Third, and most importantly and pro- gentleman from New Jersey, ROB AN- clear, and, contrary to the claims of foundly for me, Madam Speaker, in my DREWS. the opponents of this bill, it is very heart and in my head, I can come to no Mr. ANDREWS. Members who are simple. Americans should not be re- other conclusion but that life begins at pro-life or pro-choice should oppose quired to pay for abortions. H.R. 3 ac- conception. It is our most fundamental this bill because it does violence to the complishes this objective. I encourage right, enshrined in the Constitution. Constitution. This bill purports to say my colleagues to support the bill. No taxpayer should be compelled that through the Tax Code, we can Mr. CONYERS. Madam Speaker, I am against their will to subsidize the loss favor or disfavor the exercise of con- pleased to yield 1 minute to the gen- of human life, truly the least of these. stitutional rights.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.000 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6643 b 1440 that others can use our tax dollars to happens with their male employees. That’s not right, and that’s not con- pay to kill those children. And in that event, when that happens, stitutional. The Members on the ma- Please, let’s stop it. health insurance companies will then jority side would certainly not support, Mr. CONYERS. Madam Speaker, I roll back that coverage because there nor would I, a provision that says you yield myself such time as I may con- won’t be enough people participating in can’t take a charitable contribution to sume. the pool to justify that insurance. So support a group that lobbies in favor of I want to urge all of the Members of there are millions of women who will pro-life causes. But if we wanted to dis- the House to please consider this issue no longer have access to insurance favor that point of view in the Tax from as an unemotional point of view policies from their employer that cover Code, this is the way we would do it. as possible, to please determine in your all reproductive services. There is no difference between what hearts and in your mind about the fact The practical result of this legisla- the majority’s doing here and that odi- that this bill goes over the top. tion for many is there will be a tax in- ous provision that I just described. I would now like to yield 1 minute to crease, a tax increase on small busi- It is wrong to raise taxes on people the distinguished minority leader, nesses and a tax increase on women who exercise their constitutional NANCY PELOSI. based on how they choose to spend rights because they’ve chosen to exer- Ms. PELOSI. I thank the gentleman their private dollars simply for keeping cise their constitutional rights. Wheth- for yielding. I thank him for his ongo- the coverage they have right now. er you are pro-choice or pro-life, if you ing leadership on issues that relate to Even more of a problem, this legisla- are pro-Constitution, you should vote privacy and the health of America’s tion allows hospitals to deny life-sav- ‘‘no.’’ women. ing care to women in moments of Mr. SMITH of Texas. Madam Speak- Madam Speaker, today is approxi- direst emergency. The bill would per- er, I yield 1 minute to the gentleman mately the 120th day of the Republican mit medical professionals to turn their from Alabama (Mr. ADERHOLT). majority in the Congress of the United back on women dying from treatable Mr. ADERHOLT. Madam Speaker, I States; and in all those 120 days, we conditions. It is appalling. rise today in support of the legislation. have yet to see a jobs bill brought to As the American College of Obstetri- As of today, Congress prohibits the the floor. We haven’t even seen a jobs cians and Gynecologists wrote in oppo- expenditure of Federal funds on abor- proposal or a jobs agenda. Instead, once sition to this effort: ‘‘We oppose legis- tions through a patchwork of riders on again, we see a diversion. We see legislative proposals to limit women’s ac- our annual appropriations bills. These lation which is extreme and divisive cess to any needed medical care. These riders include the Hyde amendment in and harmful to women’s health. proposals can jeopardize the health and Labor-HHS and other prohibitions in I rise today to urge my Republican safety of our patients and put govern- the State and Foreign Operations bill, colleagues in the House to let us come ment between a physician and a pa- the Financial Services bill, the Com- together to work in a bipartisan way to tient.’’ address the number one priority of the merce-Justice-Science bill, in addition b 1450 to the Defense bill. Simply put, this American people, the creation of jobs; legislation will eliminate the need for and I rise today as the Republicans Madam Speaker, let us not work to these annual riders to ensure that bring to the floor this legislation in- limit the care; let us expand it. Let us these policies become permanent stat- stead of bringing to the floor a bill to not raise taxes on small business and ute. end the subsidies for Big Oil. They gave women; let us strengthen our middle This bill also codifies the Hyde- the impression during the break that class. Let us never attack the health of Weldon conscience clause that would they would do that. I wrote to the women; let us, instead, create jobs. expand the policy to include all recipi- Speaker; the President of the United That’s what the American people ex- ents of Federal funds. The conscience States has written to the bipartisan pect us to do, and that is why I urge clause protects health care entities leadership in Congress asking for an my colleagues to oppose this divisive that choose not to provide abortions end to the subsidies to Big Oil. Instead and radical legislation. from discrimination by State, local, or of doing that, we are, again, under- Mr. SMITH of Texas. Madam Speak- Federal agencies that receive Federal mining women’s health. er, I yield 1 minute to the gentleman funds. Therefore, no one who has deep Let us begin this part of the debate from Ohio (Mr. BOEHNER), the Speaker religious or moral opposition to abor- with a clear understanding of the facts. of the United States House of Rep- tions should be forced to provide for Federal funding for abortion is already resentatives. them. prohibited under the law due to the Mr. BOEHNER. Let me thank my Madam Speaker, I support this legis- Hyde amendment except in the cases of colleague for yielding and express my lation, and I urge my colleagues to do rape, incest, and life of the mother. support for H.R. 3, the No Taxpayer the same. Federal funding for abortion is already Funding for Abortion Act. This com- Mr. CONYERS. Madam Speaker, I re- prohibited. This bill is even a radical monsense bipartisan legislation codi- serve the balance of my time. departure from the Hyde amendment. fies the Hyde amendment and similar Mr. SMITH of Texas. Madam Speak- It represents an unprecedented and, policies by permanently applying a ban er, I yield 1 minute to my colleague again, radical assault on women’s ac- on taxpayer funding of abortion across from Texas (Mr. GOHMERT), who is also cess to the full range of reproductive all Federal programs. a member of the Judiciary Committee. health care services. For the first time, Last year we listened to the Amer- Mr. GOHMERT. Madam Speaker, my this bill places restrictions on how ican people through our America first daughter was born very pre- women with private insurance can Speaking Out project, and they spoke maturely. They rushed her over to spend their private dollars in pur- out on this issue loudly and clearly. We Shreveport to the highest level inten- chasing health insurance. included it in our Pledge to America, sive care. The neonatologist encour- This bill will deny tax credits for and today we are taking another step aged me, because my wife couldn’t women who buy the type of health in- toward meeting that commitment and come, to caress her, talk to her, that it surance that they currently have, keeping our word. meant so much, even though she health insurance that covers a full A ban on taxpayer funding of abor- couldn’t see me. She grabbed my finger range of reproductive care. As a result, tion is the will of the American people and held it for hours. She wanted to now, this is about businesses. If you’re and ought to be the law of the land. cling to life. a woman and you have a job and your But the law, particularly as it is cur- For those of us who think it’s wrong employer gives you health insurance, rently enforced, does not reflect the to kill children in utero, it is even that employer will no longer be able to will of the American people. This has more wrong to pry money from our take a tax deduction from your health created additional uncertainty, given hands at the point of an IRS gun so insurance—quite different from what that Americans are concerned not just

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6644 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 about how much we are spending but ond look at abortion. The polls show it. Mr. BRADY of Texas. Madam Speak- how we are spending it. Enacting this On taxpayer funding, a supermajority— er, I yield myself such time as I may legislation would provide the American over 60 percent and some polls put it as consume. people with the assurance that their high as 68 or 69 percent—do not want Madam Speaker, on behalf of DAVE hard-earned tax dollars will not be used their funding being used to pay for CAMP, chairman of the Ways and Means to fund abortions. And I want to com- abortions. Committee, and me, I stand today in mend the leadership of the gentleman Earlier in the debate, some of my col- strong support of H.R. 3, the No Tax- from New Jersey (Mr. SMITH) and the leagues had suggested that this is a tax payer Funding for Abortion Act, a bill gentleman from Illinois (Mr. LIPINSKI), increase; yet the Americans for Tax that restricts the use of taxpayer funds and I urge my colleagues to support Reform, who doggedly protect the pub- for abortion. this bill. lic purse, have said, ‘‘Americans for I will continue my statement, but at Mr. CONYERS. I yield back the bal- Tax Reform has no problems or issues this time, I would like to yield 1 ance of my time. with H.R. 3. The bill has no net tax minute to the gentleman from Virginia Mr. SMITH of Texas. Madam Speak- change whatsoever.’’ (Mr. CANTOR), the majority leader of er, I yield the balance of my time to H.R. 3 also makes the Hyde-Weldon the U.S. House. the gentleman from New Jersey (Mr. conscience protection permanent and Mr. CANTOR. I thank the gentleman. SMITH), who is the chief sponsor of this significantly more effective by author- And I would also like to congratulate legislation. izing the courts to prevent or redress and thank the gentleman from New Mr. SMITH of New Jersey. I thank actual or threatened violations of con- Jersey, who had just spoken, for his my good friend, the chairman of the science. And we know without any leadership on this issue. doubt that there are huge pressures, Judiciary Committee, Mr. SMITH, for Madam Speaker, above all else, we particularly in some States, like Cali- his great leadership. I want to thank are a culture that values life. Likewise, fornia, to coerce healthcare providers Mr. LIPINSKI, prime cosponsor of H.R. 3. our efforts as a Nation are dedicated to and plans and insurers and entire I want to thank the other distin- improving, preserving, and celebrating health care systems—especially those guished chairmen, DAVE CAMP; and life. That’s why it’s no surprise that who are faith-based—to change their FRED UPTON; our extraordinary Speak- polling routinely shows that over 60 policy and to permit abortion on de- er, JOHN BOEHNER, for his eloquent percent of Americans oppose taxpayer statement and for his compassion for mand. The need for this protection—Hyde- funding for abortion. both mothers and children who are Weldon—is great. According to Alli- H.R. 3, the No Taxpayer Funding for hurt by abortions; and for ERIC CAN- ance of Catholic Health Care, which Abortion Act, enforces a government- TOR, our superb majority leader, and represents California’s Catholic Health wide prohibition on subsidies for abor- the 227 cosponsors of this legislation. Systems and Hospitals, ‘‘California’s tion and abortion coverage. At a time Madam Speaker, there is no doubt Catholic hospitals operate in a public of fiscal crisis, this bill ensures that whatsoever that ending all public fund- policy environment that regularly scarce resources are not diverted to- ing for abortions saves lives. Even the challenges the concept of conscience- wards increasing the number of abor- pro-abortion Guttmacher Institute said rights protections by attempting to co- tions in America. This bill also codifies in an analysis in 2009 that ‘‘approxi- erce them and other health care pro- existing conscience protections and mately one-fourth of women who would viders to perform, be complicit in, or closes loopholes that offer tax-pre- have had Medicaid-funded abortions (if pay for abortion.’’ ferred status to abortion. In short, it the Hyde amendment did not exist) in- On three different occasions in the comports with our values as a people. stead give birth when this funding is past three years, the California Depart- Thomas Jefferson warned that ‘‘to unavailable.’’ In other words, when ment of Managed Health Care denied compel a man to subsidize with his public funding and facilitation isn’t health insurance plan applications be- taxes the propagation of ideas which he available for abortion, children have a cause the plans excluded abortion cov- disbelieves and abhors is sinful and ty- greater chance at survival. erage and demanded that all healthcare rannical.’’ Forcing Americans to sub- I said earlier during the debate on plans must provide coverage for all sidize elective abortion with their tax the rule that I remember the late Con- basic health care services and medi- dollars falls squarely in this camp. gressman Henry Hyde being moved lit- cally-necessary health services includ- Madam Speaker, I urge my col- erally to tears—I was in the room when ing so-called ‘‘medically-necessary leagues to support H.R. 3 to ensure it happened—when he learned that the abortions.’’ This is a clear violation of that no taxpayer dollars go toward the Hyde amendment had likely saved the the Hyde-Weldon conscience clause, funding of abortion. lives of more than 1 million babies who but the injured parties lack judicial re- Mr. LEVIN. I yield myself 2 minutes. today are getting on with their lives, course. This legislation would remedy We here need to talk straight to the going to school, forging a career, per- this problem by making the policy per- American people. This bill does not haps serving in this Chamber—at least manent and providing access to the codify the Hyde amendment. It goes some of them—or even establishing courts. well beyond it. We don’t need to codify their own families. Let me just conclude, Madam Speak- the Hyde amendment. It’s the law of H.R. 3, the No Taxpayer Funding for er. Someday I truly believe future gen- the land. The purpose of this bill is to Abortion Act, comprehensively ensures erations of Americans will look back go beyond it, and that’s what you that all programs authorized and ap- on us, especially policymakers, and should acknowledge. propriated by the Federal Government, wonder how and why such a rich and b 1500 including ObamaCare, do not subsidize seemingly enlightened society, so the killing of babies except in the rare blessed and endowed with the capacity In doing so, you cross a very, very cases of rape, incest, or the life of the to protect vulnerable human life, could important line. This bill is going no- mother. H.R. 3 ends the current IRS have instead so aggressively promoted where in the Senate. Where it can go is policy of allowing tax favored treat- death to children and the exploitation everywhere in interfering with a per- ment for abortions under itemized de- of their moms. They will note with son’s access to health care, or with the ductions, HSAs, MSAs, and FSAs. H.R. deep sadness that some of our most use of their own money for their own 3 also ends the use of tax credits under prominent politicians, while they purposes as they choose. The logic ObamaCare to purchase insurance talked about human rights, they never here, if it becomes precedent, could be plans that include abortions, again, ex- lifted a finger to protect the most per- used, for example, to prevent a health cept cases of rape, incest, or a threat to secuted minority in the world, the policy falling under the Tax Code if the the life of the mother. child in the womb. Protect innocent procedure relates to a development Madam Speaker, we know that Amer- life, vote for H.R. 3, the No Taxpayer that occurred because of stem cell re- icans are taking a good, long, hard sec- Funding for Abortion Act. search. We should not be doing that. It

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6645 takes away the ability to use an expense; and clarifies tax subsidies to funding abortions. And this is a itemized deduction. We should not do made available in the 2010 health law longstanding policy of the Federal Gov- that. for the purpose of insurance cannot be ernment since 1976. Where does this stop? Where does it used for policies that cover abortion. We already know how medical ex- stop? It crosses a line for the first Madam Speaker, H.R. 3 is pro-life, penses of all sorts are treated under time. It does not codify. It threatens pro-family, and it is pro-taxpayer. It’s the Tax Code. Taxpayers who use crossing a line we should not in terms a responsible step to ensuring a long- itemized deductions for medical ex- of the ability of people to provide standing precedent Republicans and penses, who have HSAs or FSAs or health care and use their own re- Democrats have supported for decades. MSAs, do not, and I want to highlight sources. And I urge all Members to support H.R. that, do not identify each medical ex- I reserve the balance of my time. 3 so that no taxpayer funds are used for pense on an individual tax return. That Mr. BRADY of Texas. I yield myself abortion. is not the case today nor will it be the 11⁄2 minutes. I reserve the balance of my time. case if this bill is signed into law. Simply put, this legislation is about Mr. LEVIN. I yield 11⁄2 minutes to an- And to be clear, what this bill does making sure taxpayer funds aren’t used other member of the Ways and Means not do, a woman would not have to list to fund abortions. In the clearest and Committee, the gentleman from Or- on a tax form that a specific medical most general terms, we’re codifying egon (Mr. BLUMENAUER). expense was for an abortion. That’s the longstanding bipartisan Hyde Mr. BLUMENAUER. My friend from simply not how the process works. It’s amendment which prevents taxpayer Michigan said it right. There are no not how it works today nor will it be funds from being used for abortion-re- Federal funds for abortion under the how it works if this is signed into law. lated costs. terms of the Hyde amendment, except So it’s important to make clear that I want to be clear about what the leg- in the case of rape and incest. no one would ever be audited because islation does and does not do. This leg- What this is about is how families of an abortion. They would have to al- islation does not, as critics claim, af- spend their money and small business ready be under an audit for some other fect either the ability of an individual deals with insurance. It’s part of a con- reason before—and I want to emphasize to pay for an abortion or abortion cov- tinuing Republican assault against before—the IRS would even consider erage through private funds or the abil- people with whom they disagree. It asking about any medical procedure. ity of an entity to provide separate continues the sad spectacle of using Many types of medical care are very abortion coverage. It does not apply to the Internal Revenue Service—I would private. And as a nurse for over 40 abortions in the cases of rape, incest or say not just the use but the abuse of years, I fully understand how personal life-threatening physical conditions of the IRS—to attack people with whom medical issues can be. And taxpayers the mother. Nor does it apply to treat- they disagree. who don’t want to tell the IRS about ment of injury, infection or other Remember the spectacle of the Ways medical procedures they wish to be health problems resulting from an and Means hearing where they drug kept private can do so by not claiming abortion. And to be crystal clear, this AARP before them and tried to have an those tax credits for such care. legislation does not increase taxes. investigation because they disagreed Now, even if this issue did arise in an At this time, Madam Speaker, I with them on health insurance? audit, other Federal agencies that al- would like to submit a letter from Yes, this would put government be- ready use taxpayer dollars, such as Americans for Tax Reform to that ef- tween doctors and American families. Medicaid and the Federal Employee fect. But it’s not just about abortion under Health Benefit Program, have had no AMERICANS FOR TAX REFORM, the Hyde amendment. problem distinguishing between abor- Washington, DC, March 16, 2011. Remember, there are some people tions following rape and incest and Hon. PAT TIBERI, who are against the rape and incest ex- elective abortions, and have done so House of Representatives, Committee on Ways emption. There are some people who without a reporting requirement. It’s and Means, Washington, DC. had a shocking proposal to radically already there. They generally accept Hon. RICHARD NEAL, House of Representatives, Committee on Ways change the very definition of rape. the statement of the provider, basi- and Means, Washington, DC. There is a continuing effort to erode cally, a doctor’s note. And I would ex- DEAR CHAIRMAN TIBERI AND RANKING MEM- basic fundamental reproductive free- pect the IRS to do the same in these BER NEAL: On behalf of Americans for Tax dom, and this shows a tactic of using extremely rare cases. Reform, I write today to clarify our position the IRS that I think is very dangerous. Now, that doesn’t mean that this is on H.R. 3, the ‘‘No Taxpayer Funding for It does, in fact, increase the com- not a very difficult situation for that Abortion Act.’’ As you know, the Congres- plexity and raises taxes on individuals small group of women. And I under- sional Budget Office on March 15, 2011 declared that H.R. 3 has ‘‘negligible effects on who may, in fact, need these proce- stand it is incredibly difficult, and my tax revenues.’’ In budgetary parlance, that is dures that may, in fact, be lifesaving. heart goes out to them. But if you synonymous with a zero tax score. As a re- The proponents may not agree with claim a tax benefit for a medical proce- sult, ATR has no problems or issues with what a woman and her doctor decide dure like an abortion and you get au- H.R. 3. The bill has no net tax change what- but that should be their decision. dited, you can either choose to forego soever, and is therefore not legislation at all This raises the specter of using the that tax benefit or else prepare to sub- relating to the Taxpayer Protection Pledge. Tax Code and the Congressional inves- stantiate the tax benefit. Attempts to claim otherwise are not based tigating power in ways that no one Mr. LEVIN. It is now my pleasure to on reality, but on mere political gamesman- should support. yield the balance of my time to a very ship of the lowest order. We look forward to continuing to work Mr. BRADY of Texas. Madam Speak- distinguished member of our com- with you to make certain that all tax legis- er, I yield the balance of my time to mittee, the gentleman from New York lation is (at worst) tax revenue-neutral, as the distinguished gentlewoman from (Mr. CROWLEY). H.R. 3 already is. Tennessee (Mrs. BLACK), a nurse and a Mr. CROWLEY. Madam Speaker, Sincerely, member of the Ways and Means Com- with all due respect to my colleague, GROVER NORQUIST. mittee. Mrs. BLACK, when someone comes to This legislation makes specific and Mrs. BLACK. Madam Speaker, today the floor and says, I’m going to speak narrow changes to the Tax Code so if we have heard many misrepresenta- now free of hyperbole, well, it will be funds in an FSA or health savings actions of the true nature of this bill, and so high up to your neck you don’t have count are used to pay for an abortion, so I want to boil it down to the simple to worry about getting it off your shoe those dollars will not receive tax-fa- facts of what this bill actually does— because the reality is that was all hy- vored treatment; prevents the cost of no hyperbole, no scare tactics. perbole. an abortion from counting towards the This bill codifies the Hyde amend- If what we were doing here right now deduction for unreimbursed medical ment that no taxpayer dollars will go was simply codifying existing law,

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6646 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 there would probably be very little reiterated the accounting gimmick in nesses can no longer think of them- angst on this side of the aisle. But the health care bill. selves as collateral damage. that’s not what’s happening. What this The President’s own chief of staff at Mr. Knapp says: Let me make this provision does is goes so much further. that time would later comment on how very clear. A vote for H.R. 3 is a direct It only speaks to the ideological purge he thought up the idea for this execu- attack on small business. Every Rep- that you’re on right now. tive order so that they could ‘‘allow resentative who loudly proclaims their Madam Speaker, on the 100th day of the Stupak amendment not to exist by love for small businesses because they Republican rule of the House, I stood law but by executive order.’’ are the backbone of the economy now speechless on this floor at their failed When the President signed that bill can put their vote where their mouth campaign promise to focus on job cre- into law, he allowed a massive expan- is. Their true support for small busi- ation and economic growth. It’s said, sion in Federal funding for abortion. In ness will be judged by their ‘‘no’’ vote ‘‘Actions speak louder than words,’’ a time of great Federal debt, the last on H.R. 3. and that is true. thing the American people want is to I urge all my colleagues not to let have their taxpayer dollars used on the b 1510 this phony use of the Tax Code to take morally objectionable practice of abor- away the rights of small businesses For all the Republicans’ talk about tion. that get tax credits or individuals to putting Americans back to work, their According to a 2007 Guttmacher In- pay for abortions with their own actions demonstrate this is the least of stitute report, if the Hyde amendment money. their priorities. Instead, they have cut were removed from law, the number of Mr. PITTS. For the information of jobs, they have raised taxes, and re- abortions would likely increase by 25 the Members, the Hyde amendment duced Americans’ access to health percent. The study reveals what is only applies to the Labor-H bill. It is care. common sense: an increase in funding offered every year as a rider. Similar The bill being debated today also has for abortions will directly lead to an language is offered to Indian Health, no jobs component whatsoever. Not a increase in the number of abortions. Federal Employee Health Benefits Act. single job will be created because of Many of my colleagues on the other We have done these amendments, or this bill today. In fact, it will raise side of the aisle have expressed their riders, to these bills every year for taxes and hamper the ability of small desire to reduce abortions. If that is years. So when you speak about the businessmen and -women to hire peo- truly their desire and not just a talk- Hyde amendment, we should speak ple. ing point, then they should have no about it accurately. In their ideological zeal to restrict a problem at all voting in favor of this woman’s right to choose, the Repub- I yield such time as she may consume bill. I urge my colleagues to support to the gentlewoman from Missouri licans have prioritized a measure that this bill. (Mrs. HARTZLER). the South Carolina Small Business I reserve the balance of my time. Mrs. HARTZLER. Madam Speaker, I Chamber of Commerce calls, and I Ms. DEGETTE. Madam Speaker, I rise in support of H.R. 3. quote, ‘‘a slap in the face to small busi- rise in strong opposition to this ex- ness owners.’’ treme legislation, and I yield 2 minutes This is not a controversial bill. This We just a few weeks ago removed the to the distinguished gentlewoman from is a commonsense bill to rein in our runaway government spending and to 1099 onerous provisions, and now we are Illinois (Ms. SCHAKOWSKY). going to further burden small business- Ms. SCHAKOWSKY. Madam Speaker, quit spending money on things that the men and -women with this provision. It I rise in opposition to H.R. 3, the so- American citizens don’t want. Cer- will burden them. It will not create a called No Taxpayer Funding for Abor- tainly we should not be spending our single job. It will only further burden tion Act. But don’t be confused. H.R. 3 hard-earned tax dollars on abortion. the ability of small businessmen and goes far beyond current law which is People work hard all year to send in -women to create jobs in America. already highly restrictive and, frankly, their taxes on April 15, and they Mr. PITTS. Madam Speaker, I yield which I oppose. shouldn’t have their money going to myself such time as I may consume. The Hyde amendment already pro- something that is morally objection- Madam Speaker, the bill before us hibits women enrolled in Medicaid and able to them that takes away human today should be a no-brainer. Ameri- Medicare, Federal employees, women life. cans overwhelmingly reject the use of serving in the military, women in Fed- There are many, many areas of this taxpayer funds for abortion. In several eral prisons, Peace Corps volunteers, budget that we need to rein in, but this polls over the last few years, anywhere and women seeking care under the In- is noncontroversial. This is something from 60 percent to 70 percent of the dian Health Services Act from getting that over 60 percent of the American public oppose using taxpayer funds for the care they need. In other words, people say, I don’t want my tax dollars abortion. H.R. 3 puts into statute the there is no Federal funding for abor- going to pay for abortions, the taking will of the American people. tion. But actually what it does do, of a human innocent life. Since 1976, the Hyde amendment has among other things, is attack small So it is time to make this permanent been included in appropriations bills to businesses. so that we don’t have to, as a Congress, ensure that Federal funds are not used Let’s hear the words of Frank Knapp, come in every year and discuss these to provide abortions. This policy provi- Jr., president and CEO of the South issues on all the different legislation sion has passed year in and year out Carolina Small Business Chamber of that is out there. Now is the time to with bipartisan support. H.R. 3 would Commerce with 5,000 members. Here is make this permanent. Get it off the just take that provision and put it into what he says: table so we can get on to other areas of law. This may make sense to most H.R. 3 is an attempt to roll back the reining in the runaway spending, mak- Americans, but for some reason this historic small business health insur- ing government more efficient and idea receives great pushback in Wash- ance tax credit created by the Afford- more effective, using our tax dollars ington. able Care Act. When the House voted to more wisely. Health care reform also placed abor- eliminate and defeat the entire Afford- And certainly it is not an affront to tion funding at the center of its debate. able Care Act, we—he means small women’s health. Women have the op- In their haste to pass ObamaCare last businesses—could rationalize that this portunity to get the health care that Congress, the Democrat leadership in great benefit for small businesses was they need now, but we don’t need to be Washington neglected to include any just collateral damage. My own Con- using it to take innocent human life. adequate prohibition on abortion fund- gressman told me he would support the I certainly applaud this bill, which ing. The President did issue an execu- small business health insurance tax has so many cosponsors. We need to tive order to support the intentions of credits in the Affordable Care Act re- make sure that our tax dollars are not Hyde. Unfortunately, the order merely placement legislation. But small busi- used for abortion.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6647 b 1520 Madam Speaker, in sitting and lis- concerns that federal funds would be used to Ms. DEGETTE. I am now pleased to tening to this debate, it would be ex- pay for elective abortion procedures. I am very yield 1 minute to a senior member of tremely easy to become completely supportive of the overall goals of H.R. 3, the Energy and Commerce Committee, confused. The proponents of this bill which would effectively codify the Hyde– the gentleman from New York (Mr. keep repeating the same mantra. They Weldon clause to support existing federal con- ENGEL). want to stop the Federal funding of science protections for health care providers. Mr. ENGEL. I thank the gentle- abortion. They forget to mention that I commend Congressman SMITH for his woman for yielding. there is no Federal funding of abortion. leadership on this important issue, and I urge I believe my friends on the other side What they want to do for the first my colleagues to support this amendment. of the aisle think that, if they repeat time is to expand restrictions on fund- Mr. MARINO. Madam Speaker, I rise today something again and again, people will ing into tax policy. Right now, under to express my strong support for H.R. 3, the begin to believe it. The fact of the mat- current law, we have the Hyde Amend- No Taxpayer Funding for Abortion Act. I be- ter is the Hyde Amendment already ment, which every year prevents Fed- lieve strongly that every human life should be prohibits Federal funds from being eral funds from being used for abortion protected, whether born or yet to be born. As used for abortions. This is not about except in the cases of rape, incest or in the father of two adopted children this issue is Federal funds. saving the life of the mother. I don’t very personal to me; every day that I spend The other thing I don’t understand is like the Hyde Amendment. Lots of peo- with my children reminds me that all lives are my Republican friends always claim ple don’t like the Hyde Amendment, precious. Protecting the lives of innocent chil- that they want smaller government, but it’s the law. This bill, however, dren should be the responsibility of Congress that they don’t want the government goes far beyond current law. Now my and this legislation represents an important to intrude on people’s lives. So here we colleagues across the aisle want to ex- step in the right direction. are, about to pass a measure that expand these restrictions and make sure Currently, we rely on a patchwork of ‘‘riders’’ pands government, that intrudes on that individuals and businesses can’t to appropriations legislation or Executive or- get complete women’s health care in people’s lives, that penalizes small ders to protect American taxpayers from fund- their health insurance, with their own businesses, and impedes them from cre- ing abortions. As the debate on the health money, without paying for a tax in- ating jobs. care legislation transpired during the last Con- I don’t believe the government crease. Businesses, which right now get gress, we saw first-hand the problem with con- tax relief for having full health insur- should be in the business of preventing tinuing to rely on this draconian process. In- ance, would not be able to get it. people from accessing legal medical stead of relying on the whims of the annual Let me say this again: At a time appropriations process or any easily revocable treatment. It surprises me and worries when everybody in this House and cer- me that this Congress keeps proposing order by the President, it is time to put into tainly when everybody on the other law the prohibition against using taxpayer dol- legislation that diminishes the right to side of the aisle is saying we can’t raise access health care. Abortion is legal in lars to pay for abortions. The Federal govern- taxes, the leadership of this House is ment should not, directly or indirectly, provide this country. I understand how people supporting raising taxes to advance a any funding for abortion services and this leg- feel on both sides of the aisle. It’s a social policy. islation is critical to ensuring these prohibitions very personal decision. Yet Repub- I don’t think, Madam Speaker, that licans seem intent on interfering with this was in the Republican Pledge to exist. As you can see, I believe one of the largest a woman’s right to make her own deci- America. I don’t know how many times responsibilities of Congress is to provide the sions with her family and physicians, the Republican leadership is going to utmost protection for our nation’s children—in- using her private money. make this Congress vote to strip Amer- Abortion is a difficult choice, to be ican women of their access to health cluding the lives of the unborn. It is time that sure, and this extreme legislation care with their own money. I, for one, we enact one, consistent policy to eliminate makes the decision even harder. We would like to encourage them to spend any problems or confusion about abortion need to provide women and their fami- their time getting our country back to funding in future legislation. lies with the support they need to work rather than on an extreme agen- Mr. FARR. Madam Speaker, H.R. 3 is an make health decisions, not criminalize da that the American people didn’t ask extremely misleading piece of legislation. Sup- them. Vote ‘‘no’’ on this bill. for, didn’t want, and that is going no- porters of the bill argue that it will simply cod- Mr. PITTS. Madam Speaker, how where in the U.S. Senate but, if it did, ify the Hyde amendment and permanently pro- much time is remaining? would be vetoed by the President of the hibit taxpayer funding of abortion. However, The SPEAKER pro tempore. The gen- United States. we all know that is false. H.R. 3 is actually tleman has 30 seconds remaining. I urge the Members to vote ‘‘no’’ on much more nefarious than that. It seeks to re- Mr. PITTS. I yield 30 seconds to the this ill-conceived piece of legislation. strict women’s reproductive rights and access gentlelady from North Carolina (Ms. Ms. BORDALLO. Madam Speaker, I rise to health care; increase healthcare premiums FOXX). today in support of H.R 3, the No Taxpayer for many Americans and small businesses; Ms. FOXX. I thank my colleague Funding for Abortion Act, sponsored by Con- and, limit the private insurance choices of con- from Pennsylvania for his leadership gressman CHRISTOPHER H. SMITH. This bill, sumers. It will almost certainly guarantee that on this issue and for yielding time. supported by the United Conference of Catho- insurance companies will no longer offer abor- Madam Speaker, not using the hard- lic Bishops, would reinforce the Hyde Amend- tion coverage to consumers. earned money of taxpayers to destroy ment, which prohibits the use of federal funds The Republicans in the House have been innocent unborn children is not ex- to cover abortion services; the bill would also on a mission, ever since they took over the treme, and it is not radical. It is the prohibit federal funding for health insurance Majority, to completely eliminate women’s re- right thing to do. The majority of that includes abortion coverage. productive rights and their access to Americans agrees with us that it is the H.R. 3 would prevent public funds from healthcare. wrong thing to use their money for this being used to pay for, or subsidize, abortions, I recently received a letter from a male con- issue. either through the Patient Protection and Af- stituent who is 68 years young; someone we I want to support my colleague in fordable Care Act or health care affordability can all agree is definitely not in need of repro- this legislation in saying we need to tax credits. The bill includes a provision to productive health care. This man is a recipient of pass this bill, and we need to send a vide for exceptions in the case of rape, incest, Medicare and receives his primary care at the message to the American people that physical injury or physical illness to the Santa Cruz chapter of Planned Parenthood. we are wise stewards of their money. women. The Hyde Amendment is already in His doctor is the one of the few doctors in The SPEAKER pro tempore. The gen- place in current federal health programs like Santa Cruz County who currently accepts tlewoman from Colorado has 2 minutes Medicaid and Medicare, and this bill would en- Medicare patients. remaining. sure it is governed in a consistent manner. If the Republicans get their way and federal Ms. DEGETTE. I yield myself the bal- I have received numerous letters from my funding is denied to Planned Parenthood and ance of my time. constituents whom have expressed serious other organizations that provide primary

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6648 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 healthcare for low income patients simply be- job creation, as the American public has said and deductions for the cost of their health cause they also provide reproductive it wants us to do, the Republican majority care. For example, small businesses that offer healthcare, then this man, along with millions would limit women’s healthcare options and in- health plans that cover abortions would no of other low income Americans, will be denied crease healthcare costs for lower- and middle- longer be eligible for the Small Business their only access to primary healthcare in their income women and families. This kind of di- Health Tax Credit—potentially worth 35%– communities. Hospital emergency rooms will version has no place in this Congress. The 50% of the cost of their premiums—threat- become the health care provider of first resort. GOP has been in the majority for four months, ening 4 million small businesses. Self-em- Hospitals that are currently overwhelmed yet they have failed to introduce even one ployed Americans who are able to deduct the would be further inundated, thereby driving up piece of legislation that addresses jobs. They cost of their comprehensive health insurance healthcare costs even higher and costing the do, however, have the time to play political from their taxable income will also be denied federal government even more taxpayer dol- games with the health care of poor Americans similar tax credits and face higher taxes. lars. and to attack the rights of every woman in this A November 2010 Hart Research poll found If saving taxpayer dollars is truly the goal, country to choice—a personal decision that is that a significant majority (74%) of the Amer- then the Majority should be supporting family and should remain between a women and her ican population opposes the key provision of planning and reproductive healthcare services, physician. this bill, which would increase the tax burden not attacking them. We all know that for every The proponents of this legislation aren’t in- on those who purchase comprehensive health $1 spent on family planning, $4 of taxpayer terested in addressing real problems, Madam insurance plans. money is saved. Speaker. They’re only interested in creating Current law requires state Medicaid pro- This bill is radical and extreme. It is a far cry more of them. That is why I oppose H.R. 3. grams to cover abortion care in limited cir- from any kind of middle ground or compromise Ms. RICHARDSON. Madam Speaker, I rise cumstances, including in cases of rape, incest, on abortion policy. It will make abortion as dif- today in strong opposition to H.R. 3, the ‘‘No or when the pregnancy jeopardizes the wom- ficult to obtain as possible without actually Taxpayer Funding for Abortion Act.’’ This dean’s life. H.R. 3 would allow states to refuse criminalizing the procedure. H.R. 3 over- ceptively titled legislation is nothing more than abortion coverage for Medicaid beneficiaries in reaches in every possible way. More impor- another Republican assault on women’s ac- all of these cases, even when their life is in tantly, it would penalize rather than help tax- cess to reproductive health care. danger. payers, impede basic government functions, At a time when Congress needs to be fo- Women who would need to terminate a and discriminate against women who are cused on creating jobs and protecting the mid- pregnancy as a result of medical complica- struggling to do their best in a difficult situa- dle class, the Republican majority has decided tions would be forced to pay up to $10,000 or tion. to make this anti-choice bill a priority. If en- more for abortion services. For many women, Madam Speaker, the American people want acted, this legislation will severely curtail wom- being forced to pay the full cost of an abortion both parties to work together. H.R. 3 only in- en’s access to reproductive health care by: is not economically feasible and would lead flames an already intense and intractable de- 1. Banning the coverage of abortion serv- many families into bankruptcy or force preg- bate and further polarizes this House. I urge ices in the new health care law; nant women with medical complications to my colleagues to object to H.R. 3. 2. Imposing tax penalties on women and take on major risks to carry the child to term. Mr. HONDA. Madam Speaker, I rise today small businesses with health insurance plans H.R. 3 would also undermine the District of in strong opposition to H.R. 3, an unnecessary that cover abortion; Columbia’s home rule by restricting its use of and intrusive bill that represents a short-sight- 3. Narrowing the already restrictive rape and funds for abortion care to low-income women. ed attack on the rights of women and families, incest exceptions in the Hyde Amendment; The Hyde Amendment stipulates that no and distracts us from the work that Americans and taxpayer dollars are to be used for abortion sent us here to do. 4. Continuing to limit access to reproductive care, and has narrow exceptions for rape, in- H.R. 3 would diminish meaningful access to health care for low income women, and ban cest, and health complications that arise from healthcare for millions of lower and middle in- coverage for federal employees and women in pregnancy which put the mother’s life in dan- come families by denying them tax credits if the military. ger. H.R. 3 would restrict women’s access to the insurance plan they choose includes cov- If this bill were enacted, millions of families reproductive health care even further by nar- erage for abortion services. This means that and small businesses with private health insur- rowing the already stringent requirements set under this bill, for the first time ever, our coun- ance plans that offer abortion coverage would forth in the Hyde Amendment. try would equate health expenses that are the be faced with tax increases, making the cost When the Affordable Care Act was signed subject of preferential tax treatment as the of health care insurance even more expen- into law, the President issued an Executive same as federal spending. The costs of health sive. Order to ‘‘ensure that Federal funds are not services remain the same, whether the cov- Under the Affordable Care Act, insurers are used for abortion services.’’ This bill goes far erage for abortions is provided in a plan or able to offer abortion coverage and receive beyond the safeguards established under the not. Removing these tax breaks for the most federal offsets for premiums as long as enroll- Affordable Care Act, and sets a dangerous vulnerable members of our society is not only ees pay for the abortion coverage from sepa- precedent for the future of women’s reproduc- dangerous, it is heartless, and it will return a rate, private funds. If enacted, H.R. 3 would tive health in this country. constitutionally-protected medical procedure to deny federal subsidies or credits to private At a time when the American people want its dark back-alley days. Rather than offering health insurance plans that offer abortion cov- Congress to focus on creating jobs and stabi- real solutions to the problems our nation erage even if that coverage is paid for from lizing the economy, the Republicans wish to faces, the other side of the aisle only offers a private funds. focus on this divisive piece of legislation that return to the fights over social issues of the This would inevitably lead to private health does nothing to move our country forward. past. insurance companies dropping abortion cov- I urge my colleagues to join me in voting no Republicans claim that H.R. 3 merely codi- erage leaving millions of women without ac- on H.R. 3, a bill that represents an unprece- fies the Hyde Amendment, a provision prohib- cess to affordable, comprehensive health care. dented step backward in women’s reproduc- iting the use of federal funds for most abortion Currently, 87% of private insurance health tive freedom. services, but it goes much farther than that— care plans offered through employers cover Ms. HANABUSA. Madam Speaker, I would it tries to end private insurance coverage of abortion. If H.R. 3 is made into law, consumer like to express my deep opposition to H.R. 3. abortion care. Besides, the Hyde Amendment options for private health insurance plans Rather than focus on legislation that will help has been passed every single year for nearly would be unnecessarily restricted and the tax the millions of Americans struggling to recover forty years—we already have a law prohibiting burden on these policy holders would increase from a national recession, the majority in this the use of federal funds to pay for abortion, significantly. chamber have instead decided to take up an we don’t need another one. H.R. 3 would also deny tax credits to small unreasonable piece of legislation that essen- H.R. 3 is an unnecessary distraction from businesses that offer their employees insur- tially declares war on women’s access to the real issues that we were sent here to ad- ance plans that cover abortion. This would healthcare. dress. While some of us take our duties seri- have a significant impact on millions of fami- H.R. 3 is being called the ‘‘No Taxpayer ously, the GOP is busy creating diversions to lies across the nation who would no longer be Funding for Abortion Act.’’ In fact, the avoid doing real work. Rather than focus on able to take advantage of existing tax credits healthcare legislation that President Obama

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00033 Fmt 0688 Sfmt 9920 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6649 signed into law last year already states that no Instead, the Republican leadership presents ican women—but they’re perfectly fine with not federal taxpayer dollars may be use to fund a bill whose relentless focus is to extinguish a telling them the truth, too. abortion services. Additionally, the law re- woman’s right of choice with respect to preg- Let me be clear—no amendment, no word quires that plans receiving federal funds must nancy. change could make this bill even close to ac- keep taxpayer dollars separate from funds for We have already resolved this issue. Last ceptable. It is an insult to American women abortion services. year, we did so in the Affordable Care Act. who require life-saving abortion care for health Women in the United States simply do not That law clearly and unequivocally prohibits purposes, and a slap in the face to all Amer- get public funds for abortion services. How- the use of federal funds for abortion; keeps ican women who until now may have thought ever, under the guise of eliminating abortion state and federal abortion-related law in place; that their constitutional right to make their own funding, what this bill really does is limit ac- and ensures that those whose conscience dic- private medical decisions about their body was cess to reproductive healthcare for the millions tates against abortion are protected, and not safe. of women who pay for insurance and medical discriminated against. Now we know that it’s not— and the anti- expenses through their own private insurance But this is not enough for some. H.R. 3 will choice community will stop at nothing to en- plans. result in a virtual shut-down of abortion serv- sure that they chip away at Roe v. Wade until Finally, it is my firm belief that it is not the ices in the United States. it is gone forever. place of Congress to impede on women’s re- In addition to making permanent the prohibi- Madam Speaker, I urge my colleagues to productive freedom rights, which is exactly tion in existing law on any federal funding for vote ‘‘no’’ on this atrocious bill. A vote against what this bill does. abortion, H.R. 3 prohibits any federal funds H.R. 3 is a vote for the health of American Instead of debating divisive partisan issues, from being expended for health benefits cov- women and the sanctity of constitutional rights we should be working to get the nation back erage that includes coverage of abortion. It es- for us all. on track. The Republican leadership has con- tablishes tax penalties for private expenditures Mr. STARK. Madam Speaker, I rise in vehe- trolled the agenda in the House of Represent- on abortion. It provides a limitation on federal ment opposition to the ‘‘No Taxpayer Funding atives for the last 18 weeks and has still not facilities and employees with respect to abor- for Abortion Act.’’ Of the many problems with this legislation, brought forth legislation that would help stimu- tion. It again singles out the District of Colum- it ignores the fact that the Affordable Care Act late the economy and spur economic growth. bia to prevent the citizens of that city from de- already bans federal funding for abortion ex- Mr. PASCRELL. Madam Speaker, let me be termining whether the local government can cept in rare cases. Instead of being content clear. Throughout my years in Congress, I fund abortion services with its own revenue. H.R. 3 is extreme, it is cruel, it is offensive, with these firm restrictions, the authors of this have always supported the Hyde amendment and it is wrong. bill have paved a new way for the most per- and have been against any government fund- As I have stated in opposing other restric- ilous anti-choice policy: their legislation would ing of abortion. Moreover, I have voted with tive legislation on reproductive rights this year, actually deny a woman an abortion when car- the conviction that we, as Members of Con- this legislation will not become law. It is not rying out her pregnancy would endanger her gress, should not reach into the private lives what the American people are asking us to do. life. The more subtle details of the bill are al- of our constituents on issues as personal as November’s election was focused on jobs and most as onerous. this. economic growth. Its outcome was not a man- Republicans want IRS agents to double as There is a very thin line here and this bill date to erode the rights of choice that are pro- ‘‘abortion detectives’’ who decide whether tax goes beyond it. As we all know, good policy tected by the Constitution. benefits have been improperly claimed with re- is about striking a good balance. During health H.R. 3 turns the clock back to over 50 years gard to abortion service expenses. Their legis- care reform, we reached a delicate com- ago. It should never have been brought to the lation prevents low-income women and fami- promise yet this bill would unravel that com- floor and it should never be given the force of lies from using premium tax credits if their promise to use the tax code in an unprece- law. Not in the United States of America. Not coverage includes abortion services. It in- dented manner. As a Member of the Ways in the 21st century. I urge its defeat. creases families’ taxes when they use funds and Means Committee, I am acutely aware of Ms. WASSERMAN SCHULTZ. Madam from their health savings or flexible-spending how we use the tax code and disagree with Speaker, I rise today to state my strong oppo- accounts for abortion related expenses. It de- the majority’s choice to set this precedent. sition to H.R. 3. This bill—ostensibly the Re- nies employers the right to use ACA tax cred- At the end of the day, my constituents know publican leadership’s third-highest priority—is its to provide their employees with comprehen- my position on this issue. I believe women a reprehensible piece of legislation that will do sive health coverage. should be able to make their personal deci- nothing but put the lives of American women If this bill becomes law, our constituents will sions in consultation with their families, their at risk. be paying far more than just higher taxes: they faith, and with their health professionals. That It also tells us what the Republican leader- will be paying with their privacy, their dignity, is how it should be. However, should this bill ship thinks of American women. When this bill and their right to determine the course of their become law, not only would the IRS be in- was first introduced, I was outraged and horri- own lives. volved asking women about a very personal fied that the bill narrowed the long-standing This bill does everything short of having decision, but the middle class would face in- exemption for rape to only ‘‘forcible rape.’’ I anti-choice politicians physically present in our creased taxes. I am not comfortable with called this out for what it is—a violent act doctor’s rooms, in our hospitals and looking these consequences and with the unbalanced against women. over our shoulders when we fill out our tax approach of this bill. I urge my colleagues to When this bill was marked up in the House forms. I urge my colleagues to show their re- vote no on H.R. 3. Judiciary committee, ‘‘forcible’’ had been respect for our constituents by opposing this Mr. WAXMAN. Madam Speaker, I am wholly moved, therefore leaving the language as it thoughtless and harmful bill. opposed to this legislation, and urge its defeat. has stood for decades. Without the word ‘‘forc- Mr. MORAN. Madam Speaker, I rise today We have a lot of challenges in this country: ible,’’ this exemption includes a wealth of hor- in strongest opposition to H.R. 3, the ‘‘No Tax- high gasoline prices, high unemployment, an rifying circumstances, such as date rape, stat- payer Funding for Abortion Act.’’ Not only is economy that is not growing strongly enough, utory rape, and rape where the woman is un- this bill taking up valuable floor time, but it is crumbling infrastructure, a growing threat from conscious or mentally unable to consent. redundant and goes beyond a woman’s right carbon pollution and climate change, and two To say that these instances are not really to control her body by tinkering with the tax ongoing wars in the Middle East, among many rape is a violent affront against women and code and private health insurance plans. others. the gravest insult to ALL victims of sexual as- It is a mystery to me why we keep wasting But rather than focus on issues that are sault. time on legislation that addresses abortion. front and center in the lives of Americans from Madam Speaker, I was absolutely incensed The Supreme Court has ruled on this issue, all walks of life, what legislation does the Re- when I learned that although ‘‘forcible’’ does and there are established policies that prohibit publican leadership choose to bring to the not appear in the bill language, its sponsors the use of federal funds for abortion services floor today? Not a bill for jobs. Not a bill for ensured that the report language clearly noted except in very narrow circumstances. The growth. Not a bill that will promote clean en- that the bill intends to apply to only ‘‘forcible’’ President has announced he will veto this bill ergy. Not a bill for education. Not a bill for in- instances of rape. should it actually reach his desk. frastructure investment. Not even a bill that So not only do the bill’s sponsors not have Almost 9 percent of Americans are out of addresses the deficit. a problem with endangering the lives of Amer- work, yet the House of Representatives has

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00034 Fmt 0688 Sfmt 9920 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6650 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 not taken one step to address this pressing been perfectly clear that their goal with H.R. 3 services. Family planning decisions, which are national concern. is to create so many barriers and obstacles to amongst the most personal and private deci- My Republican colleagues—who are strong abortion that it essentially becomes unavail- sions many people face, are subject to scru- advocates for less government—consistently able. The law is clear that while the govern- tiny by the IRS for tax purposes. want the federal government to oversee a ment may regulate, it cannot impose an undue H.R. 3 does not merely codify existing pro- woman’s reproductive rights. This legislation burden on a constitutionally protected right. tections for so-called rights of conscience. jeopardizes the health of pregnant women The effect of H.R. 3 would be to impose such H.R. 3 rejects the even-handed approach who may be suffering from cancer or another an insurmountable burden on a woman’s fun- taken since 1973 in the Church Amendment, devastating disease, by limiting their ability to damental right to make decisions about preg- which protects the religious or moral beliefs of obtain adequate insurance in the private mar- nancy that it could very likely be considered those who provide, or refuse to provide, abor- ket. unconstitutional. tion services. House Republicans are manipulating the tax The second amendment I attempted to offer Furthermore, it takes the more-recent code to make sure abortions are out of reach would have created an exception to protect Weldon Amendment approach, which allows a for low income and in some cases, even mid- women from severe long lasting health dam- large universe of entities to refuse abortion dle class women. This legislation would also age. This amendment is supported by the services for any—or no reason whatsoever. take away benefits that women insured in the American Congress of Obstetricians and Gyn- Unlike the Church Amendment approach, H.R. private market currently have by imposing tax ecologists. Every year, 10–15 million women 3 protects only those who refuse to provide penalties on individuals and small businesses suffer severe or long-lasting damage to their abortion services, and makes that one-sided whose insurance plans include any kind of health during pregnancy, including but not lim- protection permanent for all laws by providing abortion services. ited to lung disease, heart disease diabetes, a completely new private cause of action. It And if all this weren’t enough, H.R. 3 would and loss of reproductive ability. H.R. 3 only does nothing to protect those entities that do once again tell the District of Columbia how to considered a woman’s health when she is offer abortions. spend its own money. It would codify policy in- faced with death, but provides no protection The conscience rights of those who provide cluded in the CR usurping the city council’s for women who face serious health con- services, and not just those who refuse, de- authority to use locally raised revenue to pro- sequences from continuing a pregnancy. Con- serve equal respect and recognition. Ameri- vide abortion care for its low-income residents, gress should not be in the business of inter- cans rights of conscience should not be pro- an unfair restriction which Congress lifted in fering with a woman’s health, nor should we tected only if they accord with the views of the 2009 and reimposed this year. ever single out women who choose not to en- Members of Congress; they should be pro- Why should the District of Columbia be con- dure long-lasting health defects or diseases tected regardless of what lawmakers’ personal stantly used as a Petri dish for Republican due to a pregnancy. beliefs are. policy experiments. It just isn’t right. H.R. 3 would impose a great burden on a Instead of Bringing Up Bills to Create Jobs, Abortion is a hard choice for any woman. It women like Tamara, a mother of 3 who had Republicans Are Pursuing An Extreme and Di- is a decision that should be made by her, her been diagnosed with cervical cancer and visive Agenda. Today, the House will consider family and her physician—without the federal found out she was pregnant. She was faced H.R. 3, Restricting Women’s Access to Full government restricting access to services. with the difficult choice of carrying the preg- Range of Health Care Services. Americans Let’s move on to legislation that will help nancy to term and risking her own health or want us to work together to create jobs and grow our economy and get people back to terminating the pregnancy to receive treatment move the country forward. This bill would do work. for her cancer. exactly the opposite—move our country back- I urge a ‘‘no’’ vote on H.R. 3 H.R. 3 would impose a great burden on wards in an attempt to re-litigate a divisive Ms. JACKSON LEE of Texas. Madam women like Holly from my state of Texas, a issue. Speaker, today we have an opportunity to ex- mother of two who suffered from a serious ill- Mr. VAN HOLLEN. Madam Speaker, I rise amine H.R. 3, ‘‘the No Taxpayer Funding for ness affecting her liver. Treatment for her liver in strong opposition to the so-called and sorely Abortion Act,’’ a bill which is claimed to simply would pose a threat to her pregnancy. mislabeled ‘‘No Taxpayer Funding for Abortion codify what is already law. However, H.R. 3 is H.R. 3 goes to new lengths by effectively Act.’’ by far more restrictive than any current law, or using the tax code to impede upon a woman’s This bill is a hoax as Federal law currently interpretation thereof. right to choose and essentially penalize indi- prohibits the use of taxpayer money on abor- My colleagues across the aisle claim that viduals for even carrying health insurance that tion services. The legislation would effectively this bill is simply about limiting federal funding covers abortions. prevent millions of American women from for abortions. If that were truly the case, then It imposes an unprecedented penalty on using their own private money to purchase an there would be no purpose for H.R. 3, be- anyone who spends their own money to pay insurance plan that includes coverage of abor- cause Federal funding has not been available for abortion, or in many cases, those who use tions—whether it is private insurance or an infor abortions since passage of the Hyde their own money for insurance that will cover surance plan in the Health Insurance Ex- amendment in 1977. abortion if needed. changes. In addition, small businesses would The effect of H.R. 3 is, in fact, to so dras- H.R. 3 will actually impose a tax increase on not be allowed to take advantage of tax cred- tically limit access to abortions that they will many Americans—across all races, all class- its if it provided comprehensive health care essentially become unavailable, even when es, and all socioeconomic levels. It increases coverage to its employees. This is a dramatic paid for with an individual’s own funds. In its taxes on women, families, and businesses by break with the current practice where most in- attempt to make abortions unavailable, H.R. 3 denying them the normal tax exemptions and surance plans provide for such coverage for will have a detrimental impact on women’s credits for health insurance if they choose a individuals who choose such plans. health, and moreover, attacks a woman’s con- policy that provides abortion coverage. This A woman’s right to choose her own health stitutionally protected right to choose. unprecedented penalty is a radical restriction care is a fundamental one, and the Congress Twice, first in the Judiciary Committee Mark- on a lawful and constitutionally protected med- should not tell women how to manage their up and secondly when H.R. 3 was being con- ical procedure. It will result in a tax increase health or reproductive care. Sadly, the legisla- sidered in the Rules Committee, I have at- on anyone who uses their own money to pay tion we’re considering today will do just that tempted to offer to amendments to this bill that for abortion or, in many cases, insurance that and severely jeopardize women’s access to help to protect both the constitutionally pro- would cover abortion. health care. tected rights of women, and their health. In Furthermore, the Bill puts the IRS into the Madam Speaker, I urge my colleagues to both instances, my amendments were not ac- middle of private and personal decisions by reject this misguided bill because it would ef- cepted by the Republican majority on the families. The result of this bill would also be fectively prohibit individuals from using their Rules Committee. that the IRS would be required to use the own money to purchase insurance plans offer- My first amendment would have required tools currently available as part of its tax ening comprehensive health care coverage. In- the Attorney General to certify to Congress forcement duties, including the IRS’s ability to stead, I urge the Republican majority to focus that H.R. 3 does not violate any constitu- audit taxpayers, to determine whether tax ben- on an agenda that will create jobs, help Amer- tionally protected right before allowing this bill efits had properly or improperly been claimed ica’s middle class families, and move our to take effect. The sponsor’s of this bill have with respect to expenses related to abortion country forward.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00035 Fmt 0688 Sfmt 9920 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6651 Mr. BOSWELL. Madam Speaker, I rise precedented and extreme attempt to limit gious grounds. I am certainly one of those today to oppose this legislation and to focus health insurance coverage for American people. However, this bill does much more on the importance of the health of the many women, raise taxes on small businesses, in- than make this policy permanent federal law. women in my district and across our nation. fringe on the legally protected rights of Amer- For the first time ever, H.R. 3 would expand I stand against H.R. 3, because I believe ican Servicewomen, and make this legal, con- the definition of federal funding to include tax that a woman deserves the same respect as stitutionally protected medical procedure inac- deductions and credits of private income or a man. She deserves this respect as an em- cessible to women. expenses. In other words, current restrictions ployee, a wife, a mother, a sister, simply just This bill would eliminate tax credits for fami- on government spending would also be ap- for her humanity. And that respect must be lies and small businesses to purchase com- plied to the private dollars families and small real and must include important matters like prehensive health insurance plans. This would businesses decide to spend on health cov- access to health care. result in substandard health care for millions erage. This is an unparalleled reinterpretation During the 111th Congress, we made it ille- of Americans. of federal funding that could have far-reaching gal for insurance companies to charge a Unprecedented, H.R. 3 would change the consequences for families, businesses, and woman a higher premium just because she is tax code to promote an anti-choice agenda. even religious institutions. female. We did this because to do anything This bill would allow women to use tax pre- This bill explicitly prohibits individuals and else is blatant discrimination. ferred saving accounts for abortion care only small businesses that elect a private insurance Yet here we are today, with a bill that would in cases of rape, incest, or when their life is plan with abortion coverage from claiming cer- circumvent the very discrimination we stopped in danger. Under this extreme bill, women tain tax deductions, credits and exclusions for and would direct the Internal Revenue Service would have to prove to the IRS that they have health care expenses, even if that abortion to tax a woman based on her health needs, been victim of sexual assault to use their own coverage is never used but happens to be just because her needs are different from that money for their medical care. part of a plan that otherwise works best for a of a man. This bill triumphs on states’ rights by pre- particular family. Such a substantial change in Even worse, at this critical time in our econ- venting the District of Columbia from using its federal policy would raise taxes on families omy, we are now going to tax any business own funds to pay for abortion services for low- and small businesses for private coverage that that provides comprehensive health care to a income women. Further, it would permanently they are already struggling to afford. woman. deny low-income women, federal employees, This prohibition is also not equally applied to So, instead of fighting for the most critical and military women access to abortion care, large employers, who can continue offering need of our nation right now, job creation, even when their health is at risk. abortion coverage, creating an uneven and H.R. 3 picks a fight with a woman and her em- It is important to remember why comprehen- unjust application of abortion policy within the ployer. sive health care is needed. I recently heard a tax code. Further, since the IRS is charged Why do any one of us seek to have health heartbreaking story from one of my constitu- with enforcing taxpayer compliance, this bill insurance? We choose to have health insur- ents who was desperate to have a baby with raises serious concerns over how the govern- ance in order to plan for the unforeseeable, her husband. Unfortunately after getting preg- ment might audit ‘‘questionable’’ benefit claims the unknown, those emergencies that arise nant, they discovered that the fetus had a by women who receive an abortion as a result and for which no one can plan. No one plans deadly condition and was not going to survive. of sexual assault or legitimate life-threatening to have cancer, but many Americans do. They were left with only one choice—to termi- medical conditions. Health insurance is how each of us protects nate the pregnancy. This couple never thought It is also important to note that taking the ourselves against the unknown. they would be in that position. This bill would unprecedented step of redefining ‘‘federal This legislation says that a woman—with deny private health insurance companies from funding’’ to include the benefit of a tax exemp- her own money—cannot have comprehensive providing this kind of medical care to women. tion could raise political and legal questions health insurance without a penalty. It creates The question of whether or not to have an for churches and other religious organizations a new barrier to access to care, and puts in abortion is one of the most difficult decisions which operate under similar restrictions as cur- place a system of discrimination, backed by any woman can face. Reproductive health rent law. Many religious institutions either re- statute in the United States Tax Code. care is a personal matter that should be left to ceive segregated federal funds or tax exemp- For my colleagues who argue that this is to individuals, their doctors, and their families tions to run activities such as adoption serv- reduce the rate of abortion services, it will not. without interference from the government. ices, homeless shelters and food banks. This The facts show otherwise. Rather than making abortion more dangerous precedent challenges the very pro-life activi- Access to family planning services is what for young women, I believe that Congress ties that these churches promote. reduces the need for abortion services. It is should do more to create the conditions that Although this bill contains many provisions family planning services that have proven to enable women to make true choices by pro- that I do support, it simply goes too far by re- cut the rate of abortion by more than 200,000 viding comprehensive sexuality education and defining the very meaning of federal funding. per year and reduce unintended pregnancies ensuring that women have access to a range Finally, we must not lose focus on the truly by more than 600,000 per year. of effective contraceptives. urgent priorities of Americans right now, This bill was titled the ‘‘No Taxpayer Fund- I oppose H.R. 3 and urge my colleagues to namely economic security and deficit reducing for Abortion Act,’’ but it reads more like a vote no on this dangerous piece of legislation. tion. We are five months into this session and ‘‘Tax our Daughters Act.’’ Mr. LANGEVIN. Madam Speaker, since Republicans have yet to offer a single bill to Stop this boldfaced attack on American coming to Congress in 2001, I have strongly help create jobs. I urge my colleagues to op- women. Let us instead provide them with jobs supported the longstanding policy that propose the current version of this bill, stop allow- and a fair paycheck. hibits federal funding of abortion. However, I ing divisive social issues to dominate our time, Vote against H.R. 3. Show the women of cannot in good conscience support H.R. 3, the and turn our attention to the true economic your district, and your family, that you respect No Taxpayer Funding of Abortion Act, which and fiscal challenges in front of us. them. goes far beyond current policy by using the Mr. POMPEO. Madam Speaker, I rise today Mr. HOLT. Madam Speaker, I rise today in tax code to punish families and small busi- in support of H.R. 3, the No Taxpayer Funding strong opposition to H.R. 3, the No Taxpayer nesses for the private insurance that they al- for Abortion Act. Funding for Abortion Act. ready have. Over the past 35 years, Republican and Our first priorities in the House of Rep- The thirty-year precedent to restrict the fed- Democrat Presidents, as well as Republican resentatives must be helping to foster job cre- eral funding of abortion, commonly known as and Democrat-controlled Congresses, have all ation and supporting middle class families. the Hyde Amendment, has rightfully served as agreed that American taxpayers should not be More than four months into the 112th Con- a guarantee to citizens that the federal gov- forced to fund abortions. Unfortunately, 14 gress, we have not considered one bill that ernment shall not use taxpayer dollars to pay months ago, with the passage of Obamacare, would achieve these goals. for abortions beyond the unique exceptions of President Obama and Democrats in Congress This deceptively named bill claims that it rape, incest, or life endangerment of the moth- rejected decades of consensus and aban- would enact a government-wide prohibition on er. The Hyde Amendment is a common sense doned the American people. Crafted behind federal subsidies for abortion and health insur- measure to prevent the federal funding of closed doors and manipulated through the leg- ance plans that cover it. In truth it is an un- something that many oppose on moral or reli- islative process—despite major opposition by

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00036 Fmt 0688 Sfmt 9920 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6652 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 the American people—Obamacare not only at- gerous to women’s health and applies it to mil- vent women from obtaining abortion care. tempts to destroy the American health care lions of women and men in the private insur- Under the confines of the bill, rape victims system, but it fails to protect the most innocent ance market. No one should be limited in could be subject to invasive IRS audits to among us, the unborn. terms of their access to safe and legal abor- prove that their assault qualifies for abortion H.R. 3 will fix this problem created by tion. care. The same lawmakers who campaigned Obamacare, while also establishing a govern- This legislation redefines the concept of on growing our economy and cutting taxes are ment-wide prohibition of funding for abortions. ‘‘government funding’’ far beyond the current now trying to impose new tax penalties on in- This bill prohibits funding for elective abortions common understanding. It prohibits even pri- dividuals who happen to choose a procedure and insurance coverage that would include vate and nonfederal government funds from that they do not agree with. abortion. It prevents health savings accounts being spent on any activity remotely related to The majority campaigned on a promise of (HSAs) from being used to pay for abortions the provision of abortion—any time federal job creation. Instead the majority is pushing and protects the rights of conscience by mak- money is involved in funding or subsidizing H.R. 3 which would make it more difficult for ing the Hyde-Weldon provision a permanent other, nonabortion-related care. women to obtain reproductive healthcare serv- fixture rather than having to be renewed annu- This legislation increases taxes on small ices. Judging by the number of this bill, it is ally. This legislation is not only essential pol- businesses with abortion coverage in their pri- the third highest priority for the majority. At a icy, but it is also morally imperative. vate insurance plans. For decades, small busi- time when America is digging itself out of a re- Madam Speaker, the Obama Administration nesses have been fighting insurance company cession, and nearly 14 million people are out is openly hostile to pro-life policies. We cannot premium demands and struggling to maintain of work, we should not be prioritizing bills that allow the administration discretion over abor- health insurance coverage for their employ- limit and restrict a woman’s access to health tion policy, as with Obamacare. The perma- ees. Many of those small businesses—1 in care services. We should be focusing on nent establishment of the prohibitions in H.R. 3—are owned by women, but this bill affects growing the economy and creating jobs. I am 3 will reverse the erosion of protections for the both men and women. ready to get to work and move legislation that unborn advanced by the Obama Administra- The Affordable Care Act provides small would create jobs and revitalize the economy, tion. We must act now to preserve the rights businesses with tax credits to help make not restrict women’s healthcare coverage. of the unborn for future generations. health insurance both accessible and afford- This bill is nothing more than a mean-spir- I firmly believe that every unborn life is pre- able. Those tax credits are available now. ited attack on women’s healthcare. It targets cious and should be protected. Therefore, ab- Today, they are worth up to 35 percent of women, many of whom are low-income and solutely no taxpayer money should be spent health insurance premium costs. By 2014, women of color, and seeks to permanently on abortions, directly or through subsidized they will be worth up to 50 percent. deny them coverage for a pregnancy-related health plans. The No Taxpayer Funding for The Republicans have already passed legis- healthcare benefit. Then, under the misleading Abortion Act ensures that these protections lation to repeal the Affordable Care Act—tak- guise of protecting tax-payer dollars, it manip- are permanently established. I urge my col- ing away tax credits from small business own- ulates the tax code to advance the majority’s leagues to join with me in supporting this im- ers and employees who need help. Repeal is ideological agenda. portant bill. bound to fail. But H.R. 3 takes another I cannot vote for a bill that punishes women Ms. SCHAKOWSKY. Madam Speaker, I rise course—it would repeal this benefit for any for making their own private healthcare deci- in opposition to H.R. 3, the No Taxpayer small business insurance policy that includes sions and subjects them to government intru- Funding for Abortion Act. coverage of abortions. sion. House Republicans are waging a war Small business owners will face an unfair Madam Speaker, I strongly oppose this bill against women and they have made their ex- and discriminatory choice. If they need the tax and urge my colleagues to do the same. treme and dangerous agenda clear—to under- credit to make coverage for themselves and Mr. KING of Iowa. Madam Speaker, today mine women’s access to reproductive health their employees affordable, they will need to Members of this House took part in a debate care. drop the abortion benefit. If they want to keep that addressed the issue of using taxpayer H.R. 3 is a radical attack on women and the benefit, they will have to go without the tax dollars to fund abortions. As an original co- their reproductive rights. It extends unprece- credit—raising their costs and taking away sponsor of this legislation, I commend Mr. dented limitation on access to abortions, and money that could be used to expand their SMITH from New Jersey for his conviction in it singles out and punishes women who want business and maybe hire another employee. bringing this bill to the floor and for his leader- access to this legal service. H.R. 3 will raise taxes on millions of small ship in the pro-life movement. Today, our de- Do not be confused. H.R. 3 goes far beyond businesses. bate extends the legacy of Congressman current law—which is already highly restrictive, Nearly 90 percent of private health insur- Henry J. Hyde, who was passionately pro-life and which I oppose. The Hyde Amendment al- ance policies offer abortion coverage and this and helped lay the foundation for the victory ready prohibits women enrolled in Medicaid is a blatant attempt to force employers to drop we celebrate today with the passage of H.R. and Medicare, federal employees, women abortion coverage from their private health in- 3, the No Taxpayer Funding for Abortion Act. serving in the military, women in federal pris- surance plans. In light of this debate, I think we should all ons, Peace Corps volunteers, and women Now is the time to work on the issues that take time to reflect on a bold statement made seeking care under the Indian Health Services are most important to Americans—creating by Mr. Hyde, a statement that was printed in Act from getting the care they need. Its very jobs and improving the economy—rather than the program at his funeral. I attended Con- narrow exceptions do not even give women punishing small businesses and workers gressman Hyde’s funeral and was touched by facing severe health conditions like cancer ac- through legislation that takes health care away the wisdom of his words. He said, ‘‘When the cess to medically necessary abortion care so from women. time comes as it surely will, when we face that they can receive chemotherapy treatment. American women will suffer if this bill be- awesome moment, the final judgment, I’ve One of the original goals of this legislation comes law. often thought, as Fulton Sheen wrote, that it is was to narrow the already harmful Hyde ex- Mr. JOHNSON of Georgia. Madam Speaker, a terrible moment of loneliness. You have no ceptions even further. The bill’s sponsors tried I rise today in opposition to H.R. 3, the ‘‘No advocates, you are there alone standing be- to redefine rape and incest—to take us back Taxpayer Funding for Abortion Act.’’ fore God, and a terror will rip through your to a time when saying ‘‘no’’ wasn’t enough. The title of this bill is misleading. This is not soul like nothing you can imagine. But I really Public outcry at this mean-spirited and hurtful about funding abortions; it’s about restricting a think that those in the pro-life movement will attempt to make it harder for survivors of rape woman’s right to choose. This bill is not nec- not be alone. I think there will be a chorus of and incest to access coverage for abortion essary—the Hyde Amendment already pro- voices that have never been heard in this services forced its removal. Unfortunately, hibits federal funds from being used for abor- world but are heard beautifully and clearly in based on the House Judiciary Committee Re- tion. This bill also raises taxes and penalizes the next world, and they will plead for every- port accompanying H.R. 3, some members of individuals and small businesses that chose one who has been in this movement. They will this chamber are still intent on narrowing the health plans that include abortion care. say to God, ‘Spare him because he loved us,’ rape exception. The majority is using this bill as a tool to and God will look at you and say not ‘Did you This bill is both hurtful and offensive. H.R. 3 push the abortion debate into the tax code. succeed?’ but ‘Did you try?’ ’’ I hope we find expands an unfair, punitive policy that is dan- H.R. 3 would increase taxes in order to pre- comfort in knowing that yes, we are trying. We

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00037 Fmt 0688 Sfmt 9920 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6653 are fighting to defend and protect innocent productive and family planning services acces- The vote was taken by electronic de- human life, and we will not stop until every sible to all Americans. vice, and there were—ayes 207, noes 218, life—born and unborn—is protected. Ms. DEGETTE. I yield back the bal- not voting 7, as follows: Ms. MCCOLLUM. Madam Speaker, I rise ance of my time. [Roll No. 287] today in strong opposition to H.R. 3 and the The SPEAKER pro tempore (Mrs. AYES—207 ongoing Republican war against women’s LUMMIS). All time for debate has ex- health care in America. H.R. 3 continues the pired. Ackerman Gibson Murphy (CT) Tea Party Republican’s extreme social agenda Andrews Gingrey (GA) Nadler Pursuant to House Resolution 237, Austria Gonzalez Napolitano to pursue unprecedented attacks on women’s the previous question is ordered on the Baca Green, Al Neal health and economic security. bill, as amended. Baldwin Green, Gene Olver The Republican majority passed H.R. 1 and Pursuant to clause 1(c) of rule XIX, Barrow Grijalva Pallone slashed billions of dollars from programs that Bass (CA) Grimm Pascrell further consideration of H.R. 3 is post- Bass (NH) Gutierrez Pastor (AZ) allow women to provide and care for their fam- poned. Becerra Hanabusa Paulsen ilies such as Head Start, Women, infants and Berkley Hanna Payne f children (WIC), Community Service Block Berman Harris Pelosi Biggert Hastings (FL) Grants (CSBG), and the Maternal and Child REPEALING MANDATORY FUNDING Perlmutter Bishop (GA) Heinrich Peters Block Grant. Clearly their efforts targeted vul- FOR SCHOOL HEALTH CENTER Bishop (NY) Heller Pingree (ME) nerable women and their children—people CONSTRUCTION Blumenauer Herrera Beutler Polis who do not have high-paid, high-powered lob- Boswell Higgins Price (NC) The SPEAKER pro tempore. Pursu- Brady (PA) Himes byists, as the victims of budget cuts. Quigley ant to House Resolution 236 and rule Braley (IA) Hinchey Rahall Their bill H.R. 2 repealed the Affordable XVIII, the Chair declares the House in Brown (FL) Hinojosa Rangel Care Act, which ensures women have greater Burgess Hirono the Committee of the Whole House on Reyes access to affordable health coverage and rec- Butterfield Holden Richardson ommended preventative care. The Republican the state of the Union for the further Capito Holt Richmond consideration of the bill, H.R. 1214. Capps Honda Rothman (NJ) repeal of the Affordable Care Act would strip Capuano Hoyer Roybal-Allard 32 million Americans of health insurance cov- b 1525 Carnahan Inslee Ruppersberger erage, again making families vulnerable. Carney Israel Rush IN THE COMMITTEE OF THE WHOLE Carson (IN) Issa Ryan (OH) Now, H.R. 3 seeks to place unprecedented Castor (FL) Jackson (IL) Accordingly, the House resolved Sa´ nchez, Linda restrictions on a woman’s ability to receive Chu Jackson Lee T. itself into the Committee of the Whole Cicilline (TX) and pay for a legal medical procedure. This Sanchez, Loretta Clarke (MI) Johnson (GA) Republican bill places the federal government House on the state of the Union for the Sarbanes Clarke (NY) Johnson (IL) further consideration of the bill (H.R. Schakowsky directly between a woman and her doctor. Clay Johnson, E. B. Schiff H.R. 3 is not about ‘‘codifying the Hyde 1214) to repeal mandatory funding for Cleaver Kaptur Schrader school-based health center construc- Clyburn Keating Amendment’’ as my colleagues have stated. Schwartz Cohen Kildee Federal law already prohibits even a single tion, with Mrs. MYRICK (Acting Chair) Scott (VA) Connolly (VA) Kind in the chair. Scott, David federal dollar from being used to pay for abor- Conyers Kissell Serrano tion services, except in the cases of rape, in- The Clerk read the title of the bill. Costello Kline Sewell The Acting CHAIR. When the Com- Courtney Kucinich cest, or to save the life of the mother. Instead, Sherman mittee of the Whole rose on Tuesday, Critz Langevin this legislation furthers a radical agenda that Crowley Larsen (WA) Shuler seeks to limit a woman’s right to access com- May 3, 2011, a request for a recorded Cuellar Larson (CT) Sires prehensive reproductive medical care. vote on amendment No. 2 printed in Cummings Lee (CA) Slaughter Davis (CA) Levin Smith (WA) Exploiting the federal tax code for ideolog- the CONGRESSIONAL RECORD, offered by Speier ical purposes, this bill enacts new restrictions the gentleman from New Jersey (Mr. Davis (IL) Lewis (GA) DeFazio Lipinski Stark on a woman’s ability to pay for legal medical PALLONE), had been postponed. DeGette Loebsack Sutton Thompson (CA) services with private insurance, a health sav- ANNOUNCEMENT BY THE ACTING CHAIR DeLauro Lofgren, Zoe ings account, or private funds. A responsible Dent Lowey Thompson (MS) The Acting CHAIR. Pursuant to Deutch Luja´ n Tierney small business owner that includes com- clause 6 of rule XVIII, proceedings will Diaz-Balart Lynch Tonko prehensive reproductive care in their com- now resume on those amendments Dicks Maloney Towns Dingell Manzullo Tsongas pany’s insurance policy will be denied their printed in the CONGRESSIONAL RECORD federal health care tax credit. A survivor of Doggett Markey Upton on which further proceedings were Dold Matheson Van Hollen rape or incest may have to prove to an IRS postponed, in the following order: Donnelly (IN) Matsui Vela´ zquez Visclosky agent with a detailed account of her brutal- Amendment No. 1 by Ms. JACKSON Doyle McCarthy (NY) Duffy McCollum Walden ization in order to use her health savings ac- LEE of Texas. count to pay for the procedure or qualify for an Edwards McDermott Walz (MN) Amendment No. 2 by Mr. PALLONE of Ellison McGovern Waters itemized medical deduction on her taxes. New Jersey. Engel McIntyre Watt These restrictions allow politicians and IRS The Chair will reduce to 5 minutes Eshoo McKinley Waxman Farr McNerney Weiner bureaucrats to influence medical decisions the time for any electronic vote after that should be made by a woman, her physi- Fattah Meeks Welch the first vote in this series. Filner Michaud Wilson (FL) cian, family, and often with support and guid- Fitzpatrick Miller (NC) Woolsey AMENDMENT NO. 1 OFFERED BY MS. JACKSON ance from a spiritual leader. I strongly oppose Frank (MA) Miller, George Wu LEE OF TEXAS any effort in Congress that creates govern- Fudge Moore Yarmuth The Acting CHAIR. The unfinished Garamendi Moran Young (IN) ment interference with private decisions that business is the demand for a recorded should be made between a doctor and a pa- NOES—218 vote on the amendment offered by the tient. I strongly oppose this war on women in Adams Bonner Cardoza gentlewoman from Texas (Ms. JACKSON America that threatens our freedoms and our Aderholt Bono Mack Carter LEE) on which further proceedings were rights. Akin Boren Cassidy Instead of focusing on this divisive agenda, postponed and on which the ayes pre- Alexander Boustany Chabot vailed by voice vote. Altmire Brady (TX) Chaffetz we should be focusing on policies that will im- Amash Brooks Chandler prove the lives of America’s women and girls The Clerk will redesignate the Bachmann Broun (GA) Coble such as addressing the quality of women’s amendment. Bachus Buchanan Coffman (CO) The Clerk redesignated the amend- Barletta Bucshon Cole health care, fighting gender discrimination, in- Bartlett Buerkle Conaway creasing economic opportunities, and pro- ment. Barton (TX) Burton (IN) Cooper viding them with the education and support to RECORDED VOTE Benishek Calvert Costa The Acting CHAIR. A recorded vote Berg Camp Cravaack succeed. Bishop (UT) Campbell Crawford I encourage my colleagues to oppose this has been demanded. Black Canseco Crenshaw bill and fight to keep safe, comprehensive re- A recorded vote was ordered. Blackburn Cantor Culberson

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6654 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 Davis (KY) Lance Rigell families, and of all who serve in our Schrader Stark Walz (MN) Denham Landry Rivera Armed Forces and their families. Schwartz Sutton Waters DesJarlais Lankford Roby Scott (VA) Thompson (CA) Watt Dreier Latham Roe (TN) AMENDMENT NO. 2 OFFERED BY MR. PALLONE Scott, David Thompson (MS) Waxman Duncan (SC) LaTourette Rogers (AL) The Acting CHAIR (Mrs. MYRICK). Serrano Tierney Weiner Duncan (TN) Latta Rogers (KY) Without objection, 5-minute voting Sewell Tonko Welch Ellmers Lewis (CA) Rogers (MI) Sherman Tsongas Whitfield Farenthold LoBiondo Rohrabacher will continue. Sires Upton Wilson (FL) Fincher Long Rokita There was no objection. Slaughter Van Hollen Wittman Flake Lucas Rooney Smith (TX) Vela´ zquez Woolsey Fleischmann Luetkemeyer The Acting CHAIR. The unfinished Ros-Lehtinen Fleming Lummis Smith (WA) Visclosky Wu Roskam business is the demand for a recorded Flores Lungren, Daniel Speier Walden Yarmuth Ross (AR) vote on the amendment offered by the Forbes E. Ross (FL) Fortenberry Mack gentleman from New Jersey (Mr. PAL- NOES—210 Foxx Marchant Royce LONE) on which further proceedings Runyan Adams Granger Owens Franks (AZ) Marino were postponed and on which the ayes Aderholt Graves (GA) Palazzo Frelinghuysen McCarthy (CA) Ryan (WI) Scalise prevailed by voice vote. Alexander Graves (MO) Pearce Gallegly McCaul Altmire Griffin (AR) Pence Gardner McClintock Schilling The Clerk will redesignate the Amash Griffith (VA) Peterson Garrett McCotter Schmidt amendment. Austria Grimm Petri Gerlach McHenry Schock The Clerk redesignated the amend- Bachmann Guinta Pitts Gibbs McKeon Schweikert Bachus Guthrie Poe (TX) Gohmert McMorris Scott (SC) ment. Barletta Hall Goodlatte Rodgers Scott, Austin Pompeo RECORDED VOTE Bartlett Hanna Gosar Meehan Sensenbrenner Posey The Acting CHAIR. A recorded vote Barton (TX) Harper Gowdy Mica Sessions Price (GA) Benishek Harris Quayle Granger Miller (FL) Shimkus has been demanded. Berg Hartzler Reed Graves (GA) Miller (MI) Shuster A recorded vote was ordered. Bishop (UT) Hastings (WA) Rehberg Graves (MO) Miller, Gary Simpson The Acting CHAIR. This is a 5- Black Hayworth Reichert Griffin (AR) Mulvaney Smith (NE) minute vote. Blackburn Heck Renacci Griffith (VA) Murphy (PA) Smith (NJ) Bonner Hensarling Ribble Guinta Myrick Smith (TX) The vote was taken by electronic de- Bono Mack Herger Rivera Guthrie Neugebauer Southerland vice, and there were—ayes 205, noes 210, Boren Herrera Beutler Roby Hall Noem Stearns not voting 17, as follows: Boustany Huelskamp Roe (TN) Harper Nugent Stivers Hartzler Nunes Brady (TX) Huizenga (MI) Rogers (AL) Stutzman [Roll No. 288] Hastings (WA) Nunnelee Brooks Hultgren Rogers (KY) Sullivan Hayworth Olson AYES—205 Broun (GA) Hunter Rogers (MI) Terry Heck Owens Ackerman Doyle Lowey Buchanan Hurt Rohrabacher Thompson (PA) Hensarling Palazzo Andrews Edwards Luja´ n Bucshon Issa Rokita Thornberry Herger Paul Baca Engel Lynch Buerkle Jenkins Rooney Tiberi Huelskamp Pearce Baldwin Eshoo Maloney Burton (IN) Johnson (IL) Ros-Lehtinen Tipton Huizenga (MI) Pence Barrow Farr Manzullo Calvert Johnson (OH) Roskam Turner Hultgren Peterson Bass (CA) Fattah Markey Camp Jones Ross (FL) Walberg Campbell Hunter Petri Bass (NH) Filner Matheson Jordan Royce Walsh (IL) Canseco Hurt Pitts Becerra Fitzpatrick Matsui Kelly Runyan Webster Cardoza King (IA) Jenkins Platts Berkley Frank (MA) McCarthy (NY) Ryan (WI) West Carter King (NY) Johnson (OH) Poe (TX) Berman Fudge McCollum Scalise Westmoreland Cassidy Kingston Jones Pompeo Biggert Garamendi McDermott Schilling Whitfield Chabot Labrador Jordan Posey Bishop (GA) Gerlach McGovern Schmidt Wilson (SC) Chaffetz Lamborn Kelly Price (GA) Bishop (NY) Gibson McIntyre Schock Wittman Coble Landry King (IA) Quayle Blumenauer Gonzalez McKinley Schweikert Wolf Coffman (CO) Lankford King (NY) Reed Boswell Green, Al McNerney Scott (SC) Kingston Rehberg Womack Brady (PA) Green, Gene Meeks Cole Latham Scott, Austin Kinzinger (IL) Reichert Woodall Braley (IA) Grijalva Michaud Conaway Latta Sensenbrenner Labrador Renacci Yoder Brown (FL) Gutierrez Miller (NC) Cooper Lewis (CA) Sessions Lamborn Ribble Young (FL) Burgess Hanabusa Miller, George Costa LoBiondo Shimkus Butterfield Hastings (FL) Moore Cravaack Long Shuler NOT VOTING—7 Cantor Heinrich Moran Crawford Lucas Shuster Bilbray Giffords Wasserman Capito Heller Murphy (CT) Crenshaw Luetkemeyer Simpson Bilirakis Johnson, Sam Schultz Capps Higgins Murphy (PA) Culberson Lummis Smith (NE) Emerson Young (AK) Capuano Himes Nadler Davis (KY) Lungren, Daniel Carnahan Hinchey Napolitano DesJarlais E. Smith (NJ) b 1554 Carney Hinojosa Olver Dreier Mack Southerland Stearns Mr. PALAZZO, Ms. GRANGER, and Carson (IN) Hirono Pallone Duffy Marchant Castor (FL) Holden Pascrell Duncan (SC) Marino Stivers Messrs. DENHAM, MARINO and Chandler Holt Pastor (AZ) Duncan (TN) McCarthy (CA) Stutzman COSTA changed their vote from ‘‘aye’’ Chu Honda Paulsen Ellmers McCaul Sullivan to ‘‘no.’’ Cicilline Hoyer Payne Farenthold McClintock Terry Thompson (PA) Ms. PINGREE of Maine, Mr. UPTON, Clarke (MI) Inslee Pelosi Flake McCotter Clarke (NY) Israel Perlmutter Fleischmann McHenry Thornberry Ms. RICHARDSON, and Messrs. Clay Jackson (IL) Peters Fleming McKeon Tiberi DOYLE, CRITZ, BISHOP of Georgia, Cleaver Jackson Lee Pingree (ME) Flores McMorris Tipton ISSA, SHULER and YOUNG of Indiana Clyburn (TX) Platts Forbes Rodgers Turner Cohen Johnson (GA) Polis Fortenberry Meehan Walberg changed their vote from ‘‘no’’ to ‘‘aye.’’ Connolly (VA) Johnson, E. B. Price (NC) Foxx Mica Walsh (IL) So the amendment was rejected. Conyers Kaptur Quigley Franks (AZ) Miller (FL) Webster The result of the vote was announced Costello Keating Rahall Gallegly Miller (MI) West as above recorded. Courtney Kildee Rangel Gardner Miller, Gary Westmoreland Critz Kind Reyes Garrett Mulvaney Wilson (SC) MOMENT OF SILENCE IN REMEMBRANCE OF MEM- Cuellar Kinzinger (IL) Richardson Gibbs Myrick Wolf BERS OF ARMED FORCES AND THEIR FAMILIES Cummings Kissell Richmond Gingrey (GA) Neugebauer Womack The Acting CHAIR (Mr. KINZINGER of Davis (CA) Kline Rigell Gohmert Noem Woodall Davis (IL) Kucinich Ross (AR) Illinois). The Chair would ask all Goodlatte Nugent Yoder DeGette Lance Rothman (NJ) Gosar Nunes Young (FL) present to rise for the purpose of a mo- DeLauro Langevin Roybal-Allard Gowdy Olson Young (IN) ment of silence. Denham Larsen (WA) Ruppersberger Dent Larson (CT) Rush NOT VOTING—17 The Chair asks that the Committee Deutch LaTourette Ryan (OH) now observe a moment of silence in re- Diaz-Balart Lee (CA) Sa´ nchez, Linda Akin Emerson Nunnelee membrance of our brave men and Dicks Levin T. Bilbray Fincher Paul women in uniform who have given Dingell Lewis (GA) Sanchez, Loretta Bilirakis Frelinghuysen Towns Doggett Lipinski Sarbanes Crowley Giffords Wasserman their lives in the service of our Nation Dold Loebsack Schakowsky DeFazio Johnson, Sam Schultz in Iraq and in Afghanistan and their Donnelly (IN) Lofgren, Zoe Schiff Ellison Neal Young (AK)

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6655 b 1603 School-based health centers are on trict would be denied funding under So the amendment was rejected. the front lines of preventative care, this bill. One of my hospitals in my dis- The result of the vote was announced and preventative care saves lives and trict, Winthrop University Hospital, as above recorded. saves money, and school-based centers has been partnering with Hempstead Stated against: are on the front lines of preventative High School to run a school-based Mr. FINCHER. Madam Chair, on rollcall No. care. health center. This school-based health 288, I was unavoidably detained. Had I been As a nurse for over 30 years, I know center has 1,500 students enrolled and present, I would have voted ‘‘no.’’ that prevention can keep people out of has 6,000 visits from students each The Acting CHAIR. Under the rule, the emergency rooms that taxpayers year. the Committee rises. help fund, and it keeps them from Winthrop University’s partnership Accordingly, the Committee rose; needing expensive procedures and operates in one of my most under- and the Speaker pro tempore (Ms. medicines that drive up insurance served communities. About 50 percent FOXX) having assumed the chair, Mrs. costs. of students who use this school-based MYRICK, Acting Chair of the Com- Patients seen at school-based cen- health center are uninsured. Let me mittee of the Whole House on the state ters, for example, cost Medicaid an av- say that again: Nearly half of all stu- of the Union, reported that that Com- erage of $30 less than comparable non- dents who use this health center are mittee, having had under consideration school-based health center patients. uninsured. Hempstead High School is the bill (H.R. 1214) to repeal mandatory School-based health centers play an the only access to medical care that funding for school-based health center important role in treating sports con- they have. The grant that this center construction, and, pursuant to House cussions and halting the spread of in- applied for will help them serve this Resolution 236, reported the bill back fectious diseases like the flu. population who has nowhere else to School-based centers also have a to the House. turn. I am going to stand with those The SPEAKER pro tempore. Under positive effect on our educational sys- students and their families and protect the rule, the previous question is or- tem. They have been shown to increase the Winthrop-Hempstead High School academic performance and reduce ab- dered. health center. I hope that other Mem- The question is on the engrossment senteeism. For example, a recent study bers will choose to stand with their and third reading of the bill. found that students who use high constituents as well. The bill was ordered to be engrossed school health centers had a 50 percent Should this bill become law, those and read a third time, and was read the reduction in absenteeism and 25 per- Members who voted for this bill will third time. cent reduction in lateness. Many stu- have to answer to their communities dents also increased their grade point who would have a vital link to health MOTION TO RECOMMIT averages over time compared to stu- care cut off. I should also note some Mrs. MCCARTHY of New York. dents who did not use school-based misinformation that’s being spread by Madam Speaker, I have a motion to re- health centers. the supporters of H.R. 1214. They claim commit at the desk. Finally, the sad fact is sometimes that these grants aren’t needed because The SPEAKER pro tempore. Is the these centers are a student’s only they are readily available in other gentlewoman opposed to the bill? source of health care. So, we are faced sources, but that’s not true. The evi- Mrs. MCCARTHY of New York. I am, today with legislation that attacks the dence is that SBHC construction and in its current form. preventative health care work done by Mr. BURGESS. Madam Speaker, I re- renovation needs have not been met our school-based health centers. H.R. serve a point of order. through other funding. My colleagues The SPEAKER pro tempore. A point 1214 is an upsetting piece of legislation, across the aisle also claim that con- of order is reserved. but that’s not surprising at all. After struction funds would be provided to The Clerk will report the motion to all, this bill is coming from the same centers that aren’t sustainable. That’s recommit. conference that just voted to end Medi- also not true. Guidelines have been de- The Clerk read as follows: care as we know it. veloped by the Health Resources and Both the Republican budget and this Services Administration to ensure that Mrs. MCCARTHY of New York moves to recommit the bill H.R. 1214 to the Committee legislation today are penny-wise and no construction funds will be provided on Energy and Commerce with instructions pound-foolish approaches that cut pre- to any school-based health center that to report the same to the House forthwith ventative care for those Americans cannot document that they are sus- with the following amendment: who need it the most. And the worst tainable now and into the future. In section 1, add at the end the following: common denominator? Both measures As I said, ladies and gentlemen, (c) PUBLICATION OF NAMES AND LOCATIONS go against the most honorable Ameri- school-based health centers work. They OF APPLICANTS WHO WILL NOT RECEIVE cans: the elderly and the children. The keep our young people healthy and suc- GRANTS.—Not later than 30 days after the cessful in school, and they do it in a date of the enactment of this Act, the Sec- Republican majority passed a reckless retary of Health and Human Services shall budget before the recess, and they are way that saves our taxpayers money. It publish on the public Website of the Depart- poised to pass this reckless piece of is just common sense to support ment of Health and Human Services the legislation today. school-based centers. Again, this names and locations of each school-based I offer this motion to recommit amendment will not kill the bill. This health center or sponsoring facility that has today to highlight the terrible impacts motion to recommit is simply a final an application for a grant under section of the Republican approach in this leg- amendment to the bill that will pro- 4101(a) of the Patient Protection and Afford- islation. This motion to recommit is vide transparency to the process. I urge able Care Act (42 U.S.C. 280h–4) pending at simply, again, a final amendment and all Members to support this motion to the time of the repeal of such section 4101(a) by this Act. will not kill the bill. recommit. My motion to recommit requires the I yield back the balance of my time. The SPEAKER pro tempore. Pursu- names and locations of each school- Mr. BURGESS. Madam Speaker, I ant to the rule, the gentlewoman from based health center that has applied rise in opposition to the motion to re- New York is recognized for 5 minutes for a grant under the program that the commit. in support of her motion. Republican Party would end today be The SPEAKER pro tempore. Does the Mrs. MCCARTHY of New York. posted on a publicly available Web site. gentleman continue to reserve his Madam Speaker, I rise today to offer a point of order? motion to recommit to this misguided b 1610 Mr. BURGESS. I will withdraw my bill. This way, we will be able to all see reservation. It is important to note that this mo- very clearly the damage that this Re- The SPEAKER pro tempore. The res- tion is simply a final amendment to publican proposal will cause. ervation is withdrawn. the bill and will not kill the bill as the Like many of my colleagues, a The gentleman from Texas is recog- majority may claim. school-based health center in my dis- nized for 5 minutes.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6656 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 Mr. BURGESS. It’s an interesting lit- underlying bill. Let’s get our fiscal Sherman Tierney Watt tle motion to recommit, described as house back in order. Sires Tonko Waxman Slaughter Towns Weiner being benign and not changing the Mr. BURGESS. I yield back the bal- Smith (WA) Tsongas Welch overall nature of the underlying legis- ance of my time. Speier Van Hollen Wilson (FL) Stark Vela´ zquez lation. So benign is the motion to re- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Woolsey commit that it descends into the realm Sutton Visclosky Wu The SPEAKER pro tempore. The Thompson (CA) Walz (MN) Yarmuth of being superfluous and unnecessary. Chair would ask all Members to avoid Thompson (MS) Waters It is a motion to recommit to publish trafficking the well while another NOES—230 the names and locations of applicants Member is under recognition. who will not receive grants. Adams Gibson Nugent Without objection, the previous ques- Now, look, just from this, we won’t Aderholt Gingrey (GA) Nunes tion is ordered on the motion to recom- Akin Gohmert Nunnelee know if those grants that were not ap- mit. Alexander Goodlatte Olson proved were just simply poorly drafted. Altmire Gosar Palazzo We already have a health care law that There was no objection. Amash Gowdy Paul was poorly drafted, so we know it is The SPEAKER pro tempore. The Austria Granger Paulsen Bachmann Graves (GA) Pearce within the realm of someone working question is on the motion to recommit. The question was taken; and the Bachus Graves (MO) Pence in the Federal Government to poorly Barletta Griffin (AR) Petri draft an application for a school-based Speaker pro tempore announced that Bartlett Griffith (VA) Pitts clinic. the noes appeared to have it. Barton (TX) Grimm Platts Bass (NH) Guinta Poe (TX) RECORDED VOTE Washington’s addiction to spending Benishek Guthrie Pompeo has become crystal clear to the Amer- Mrs. MCCARTHY of New York. Berg Hall Posey ican people, and the passage of this Madam Speaker, I demand a recorded Biggert Hanna Quayle massive health care law by President Bishop (UT) Harper Reed vote. Black Harris Rehberg Obama last year is exhibit A. Of the A recorded vote was ordered. Blackburn Hartzler Reichert thousands of problems in the Patient The SPEAKER pro tempore. Pursu- Bonner Hastings (WA) Renacci Protection and Affordable Care Act, ant to clause 9 of rule XX, the Chair Bono Mack Hayworth Ribble Boren Heck Rigell the underlying bill, H.R. 1214, addresses will reduce to 5 minutes the minimum Boustany Heller Rivera but one of them and a very small one time for any electronic vote on the Brooks Herger Roby at that. The Patient Protection and Af- question of passage. Broun (GA) Huelskamp Roe (TN) fordable Care Act provides $200 million Buchanan Huizenga (MI) Rogers (AL) The vote was taken by electronic de- Bucshon Hultgren Rogers (KY) in mandatory funding for the construc- vice, and there were—ayes 180, noes 230, Buerkle Hunter Rogers (MI) tion of school-based health centers. not voting 22, as follows: Burgess Hurt Rohrabacher Burton (IN) Issa Rokita The bill eliminates this funding as our [Roll No. 289] Nation faces a mounting deficit and Calvert Jenkins Rooney AYES—180 Camp Johnson (IL) Ros-Lehtinen debt crisis. Campbell Johnson (OH) Ross (AR) Ackerman Engel Matsui Funding for school-based health cen- Canseco Jones Royce Andrews Eshoo McCarthy (NY) Capito Jordan Runyan ter construction may be a good idea. Baca Farr McCollum Cardoza Kelly Ryan (WI) Maybe it’s not a good idea. Maybe we Baldwin Fattah McDermott Carter King (IA) Scalise Barrow Filner McGovern should have that debate, which we Cassidy King (NY) Schilling Bass (CA) Frank (MA) McIntyre didn’t in the run-up to the passage of Chabot Kingston Schmidt Becerra Fudge McNerney Chaffetz Kinzinger (IL) Schock this bill. But the 111th Congress, the Berkley Garamendi Meeks Chandler Kline Schweikert Berman Gonzalez Michaud last Congress, did not think about it Coble Labrador Scott, Austin Bishop (GA) Green, Al Miller (NC) before they threw literally $200 million Coffman (CO) Lamborn Sensenbrenner Bishop (NY) Green, Gene Miller, George Cole Lance Shimkus at the program. Blumenauer Grijalva Moore Conaway Landry Shuler And, Madam Speaker, I would just Boswell Gutierrez Moran Costa Lankford Shuster Brady (PA) Hanabusa Murphy (CT) point out, out of all of the so-called Cravaack Latham Simpson Braley (IA) Hastings (FL) Nadler ‘‘cut’’ bills that are to remove the ad- Crawford LaTourette Smith (NE) Brown (FL) Heinrich Napolitano Crenshaw Latta Smith (NJ) vanced appropriations in the Patient Butterfield Higgins Neal Culberson Lewis (CA) Smith (TX) Protection and Affordable Care Act, Capps Himes Olver Davis (KY) LoBiondo Southerland Capuano Hinchey Owens out of all of those bills that remove ad- Denham Long Stearns Carnahan Hinojosa Pallone vanced appropriations, it is this small Dent Lucas Stivers Carney Hirono Pascrell DesJarlais Luetkemeyer Stutzman little bill that has not drawn a veto Carson (IN) Holden Pastor (AZ) Diaz-Balart Lummis Sullivan threat from the White House. Madam Castor (FL) Holt Payne Dold Lungren, Daniel Terry Chu Honda Pelosi Speaker, that leads me to believe that Duffy E. Thompson (PA) Cicilline Hoyer Perlmutter the President himself was embarrassed Duncan (SC) Mack Thornberry Clarke (MI) Inslee Peters Duncan (TN) Manzullo Tiberi about the language that was included Clarke (NY) Israel Pingree (ME) Ellmers Marchant Tipton Clay Jackson (IL) Polis in the bill on this point; and the White Farenthold Marino Turner Cleaver Jackson Lee Price (NC) House, now recognizing that, is not Fincher Matheson Upton Cohen (TX) Quigley Fitzpatrick McCaul Walberg about to go out on a limb and issue a Connolly (VA) Johnson (GA) Rahall Flake McClintock Walsh (IL) veto threat against this bill. Conyers Johnson, E. B. Rangel Fleischmann McCotter Webster The motion to recommit, brought Cooper Kaptur Reyes Fleming McHenry West Costello Keating Richardson forward by the other side, shows they Flores McKeon Westmoreland Courtney Kildee Richmond Forbes McKinley Whitfield simply do not realize that we have a Critz Kind Rothman (NJ) Fortenberry Meehan Wilson (SC) spending problem in Washington, D.C. Crowley Kissell Roybal-Allard Foxx Mica Wittman Cuellar Kucinich Ruppersberger Congress should examine if there is a Franks (AZ) Miller (FL) Wolf Cummings Langevin Rush need for a program, and through reg- Frelinghuysen Miller (MI) Womack Davis (CA) Larsen (WA) Ryan (OH) Gallegly Miller, Gary Woodall ular order, rather than rushing to au- Davis (IL) Larson (CT) Sa´ nchez, Linda Gardner Mulvaney Yoder thorize or appropriate dollars in a feel- DeFazio Lee (CA) T. Garrett Murphy (PA) Young (AK) DeGette Levin Sanchez, Loretta good piece of legislation. We hear Gerlach Myrick Young (FL) DeLauro Lewis (GA) Sarbanes about standing with the American fam- Gibbs Neugebauer Young (IN) Deutch Lipinski Schakowsky ilies. How about standing with those Dicks Loebsack Schiff NOT VOTING—22 American families that actually pay Dingell Lofgren, Zoe Schrader taxes to the Federal Government for a Doggett Lowey Schwartz Bilbray Dreier Johnson, Sam Donnelly (IN) Luja´ n Scott (VA) Bilirakis Emerson McCarthy (CA) change? Doyle Lynch Scott, David Brady (TX) Giffords McMorris I urge my colleagues to vote ‘‘no’’ on Edwards Maloney Serrano Cantor Hensarling Rodgers the motion to recommit, ‘‘yes’’ on the Ellison Markey Sewell Clyburn Herrera Beutler Noem

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6657 Peterson Ross (FL) Walden McHenry Quayle Shuster Waters Welch Wu Price (GA) Scott (SC) Wasserman McIntyre Reed Simpson Watt West Yarmuth Roskam Sessions Schultz McKeon Rehberg Smith (NE) Waxman Wilson (FL) McKinley Reichert Smith (NJ) Weiner Woolsey b 1634 McMorris Renacci Smith (TX) Rodgers Ribble Southerland NOT VOTING—6 Ms. SPEIER changed her vote from Meehan Rigell Stearns Bilbray Giffords Wasserman ‘‘no’’ to ‘‘aye.’’ Mica Rivera Stivers Bilirakis Johnson, Sam Schultz So the motion to recommit was re- Miller (FL) Roby Stutzman Emerson Miller (MI) Roe (TN) Sullivan jected. Miller, Gary Rogers (AL) Terry b 1641 The result of the vote was announced Mulvaney Rogers (KY) Thompson (PA) So the bill was passed. as above recorded. Murphy (PA) Rogers (MI) Thornberry The result of the vote was announced Stated against: Myrick Rohrabacher Tiberi Neugebauer Rokita Tipton as above recorded. Mr. ROSS of Florida. Madam Speaker, on Noem Rooney Turner A motion to reconsider was laid on rollcall No. 289, I was unavoidably detained. Nugent Ros-Lehtinen Upton the table. Nunes Roskam Walberg Had I been present, I would have voted ‘‘no.’’ f Mr. BRADY of Texas. Madam Speaker, on Nunnelee Ross (FL) Walden Olson Royce Walsh (IL) NO TAXPAYER FUNDING FOR rollcall, No. 289, I inadvertently was detained. Palazzo Runyan Webster Had I been present, I would have voted ‘‘no.’’ Paul Ryan (WI) Westmoreland ABORTION ACT Mr. WALDEN. Madam Speaker, on rollcall Paulsen Scalise Whitfield The SPEAKER pro tempore. Pursu- Pearce Schilling Wilson (SC) No. 289, I was detained in a bicameral leader- Pence Schmidt Wittman ant to clause 1(c) of rule XIX, consider- ship meeting with the Speaker. Had I been Petri Schock Wolf ation of the bill (H.R. 3) to prohibit present, I would have voted ‘‘no.’’ Pitts Schweikert Womack taxpayer funded abortions and to pro- The SPEAKER pro tempore. The Platts Scott (SC) Woodall vide for conscience protections, and for Poe (TX) Scott, Austin Yoder question is on the passage of the bill. Pompeo Sensenbrenner Young (AK) other purposes, will now resume. The question was taken; and the Posey Sessions Young (FL) The Clerk read the title of the bill. Speaker pro tempore announced that Price (GA) Shimkus Young (IN) The SPEAKER pro tempore. The the ayes appeared to have it. question is on the engrossment and NOES—191 RECORDED VOTE third reading of the bill. Ackerman Frank (MA) Moore The bill was ordered to be engrossed Mr. WAXMAN. Madam Speaker, I de- Andrews Fudge Moran mand a recorded vote. Baca Garamendi Murphy (CT) and read a third time, and was read the A recorded vote was ordered. Baldwin Gonzalez Nadler third time. Barrow Green, Al Napolitano MOTION TO RECOMMIT The SPEAKER pro tempore. This is a Bass (CA) Green, Gene Neal 5-minute vote. Becerra Grijalva Olver Ms. SPEIER. Madam Speaker, I have The vote was taken by electronic de- Berkley Gutierrez Owens a motion to recommit at the desk. vice, and there were—ayes 235, noes 191, Berman Hanabusa Pallone The SPEAKER pro tempore. Is the Bishop (GA) Hastings (FL) Pascrell not voting 6, as follows: gentlewoman opposed to the bill? Bishop (NY) Heck Pastor (AZ) Ms. SPEIER. I am opposed to the [Roll No. 290] Blumenauer Heinrich Payne Boswell Higgins Pelosi bill. AYES—235 Brady (PA) Himes Perlmutter The SPEAKER pro tempore. The Adams Crenshaw Harris Braley (IA) Hinchey Peters Clerk will report the motion to recom- Aderholt Culberson Hartzler Brown (FL) Hinojosa Peterson Akin Davis (KY) Hastings (WA) Butterfield Hirono Pingree (ME) mit. Alexander Denham Hayworth Capps Holden Polis The Clerk read as follows: Altmire Dent Heller Capuano Holt Price (NC) Ms. Speier moves to recommit the bill H.R. Amash DesJarlais Hensarling Cardoza Honda Quigley 3 to the Committee on the Judiciary with in- Austria Diaz-Balart Herger Carnahan Hoyer Rahall structions to report the same back to the Bachmann Dold Herrera Beutler Carney Inslee Rangel Bachus Dreier Huelskamp Carson (IN) Israel Reyes House forthwith, with the following amend- Barletta Duffy Huizenga (MI) Castor (FL) Jackson (IL) Richardson ments. Bartlett Duncan (SC) Hultgren Chandler Jackson Lee Richmond Page 8, after the matter following line 5, Barton (TX) Duncan (TN) Hunter Chu (TX) Ross (AR) insert the following: Bass (NH) Ellmers Hurt Cicilline Johnson (GA) Rothman (NJ) SEC. 103. PROTECTION OF PRIVATE MEDICAL Benishek Farenthold Issa Clarke (MI) Johnson, E. B. Roybal-Allard RECORDS OF VICTIMS OF RAPE AND Berg Fincher Jenkins Clarke (NY) Kaptur Ruppersberger INCEST. Biggert Fitzpatrick Johnson (IL) Clay Keating Rush Nothing in this title or the amendments Bishop (UT) Flake Johnson (OH) Cleaver Kelly Ryan (OH) Black Fleischmann Jones Clyburn Kildee Sa´ nchez, Linda made by this title shall be construed to per- Blackburn Fleming Jordan Cohen Kind T. mit the Federal Government to gain access Bonner Flores King (IA) Connolly (VA) Kissell Sanchez, Loretta to the private medical records of the victims Bono Mack Forbes King (NY) Conyers Kucinich Sarbanes of rape and incest. Boren Fortenberry Kingston Cooper Langevin Schakowsky On the first page, in the matter following Boustany Foxx Kinzinger (IL) Costa Larsen (WA) Schiff line 5, insert after the item relating to sec- Brady (TX) Franks (AZ) Kline Costello Larson (CT) Schrader tion 102 the following: Brooks Frelinghuysen Labrador Courtney LaTourette Schwartz Sec. 103. Protection of private medical Broun (GA) Gallegly Lamborn Critz Lee (CA) Scott (VA) Buchanan Gardner Lance Crowley Levin Scott, David records of victims of rape and Bucshon Garrett Landry Cuellar Lewis (GA) Serrano incest. Buerkle Gerlach Lankford Cummings Lipinski Sewell Mr. FRANKS of Arizona. Madam Burgess Gibbs Latham Davis (CA) Loebsack Sherman Speaker, I reserve a point of order. Burton (IN) Gibson Latta Davis (IL) Lofgren, Zoe Shuler Calvert Gingrey (GA) Lewis (CA) DeFazio Lowey Sires The SPEAKER pro tempore. A point Camp Gohmert LoBiondo DeGette Luja´ n Slaughter of order is reserved. Campbell Goodlatte Long DeLauro Lynch Smith (WA) Pursuant to the rule, the gentle- Canseco Gosar Lucas Deutch Maloney Speier Cantor Gowdy Luetkemeyer Dicks Markey Stark woman from California is recognized Capito Granger Lummis Dingell Matheson Sutton for 5 minutes in support of her motion. Carter Graves (GA) Lungren, Daniel Doggett Matsui Thompson (CA) Ms. SPEIER. Madam Speaker, at the Cassidy Graves (MO) E. Donnelly (IN) McCarthy (NY) Thompson (MS) outset, let me say the following: Chabot Griffin (AR) Mack Doyle McCollum Tierney Chaffetz Griffith (VA) Manzullo Edwards McDermott Tonko As a member of the Democratic Cau- Coble Grimm Marchant Ellison McGovern Towns cus, there have been times in the past Coffman (CO) Guinta Marino Engel McNerney Tsongas when I have supported Republican mo- Cole Guthrie McCarthy (CA) Eshoo Meeks Van Hollen tions to recommit. I have done it a Conaway Hall McCaul Farr Michaud Vela´ zquez Cravaack Hanna McClintock Fattah Miller (NC) Visclosky number of times, I confess. I am speak- Crawford Harper McCotter Filner Miller, George Walz (MN) ing to my Republican colleagues this

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6658 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 afternoon, seeking to ask you to do the dom. We should not use the Tax Code The bill is a very simple piece of leg- same, because this particular motion is to force women like her to relive their islation without the complexity that it very simple, very clear. It will not pre- ordeals to an IRS agent. Privacy is a has been reputed to have. I would en- vent the passage of the underlying bill. fundamental right, and this motion courage all Americans to take a look If it is adopted, it will be incorporated would ensure that the most vulnerable at the underlying legislation so that in the bill, and the bill will be imme- in our society have access to it. The you can see for yourself that this bill diately voted upon. underlying bill would potentially un- has no need of this motion to recom- So what does it do? leash IRS audits on rape victims—and mit. It is about what every one of us cares that, my friends, is a disgrace. Unlike the ObamaCare bill, this piece about, and that is privacy. Americans Let me be clear one more time: Pas- of simple legislation is only a few believe in privacy. Justice Brandeis sage of this motion will not prevent pages long and is easily understand- once said in a court opinion, ‘‘Every passage of the underlying bill. able. The new majority writes its bills American has the right to be left So, though we may disagree on the this way on purpose so that Members alone.’’ This is something we can all bill and on the issue of abortion rights and the American people can be con- agree on. in general, today we have the oppor- fident that this body is in fact carrying My motion would simply prohibit tunity to speak with one voice to pro- out the will of the people. That is ex- Federal agents from accessing a wom- tect the privacy of victims of rape and actly what this bill does, Madam an’s health or other medical records incest. It is really up to us. I urge ev- Speaker, and I urge my colleagues to because she was a victim of rape or in- eryone to vote ‘‘yes’’ on this motion to oppose this motion to recommit. cest. Now, that’s pretty simple. If recommit. Mr. CAMP. Will the gentleman yield? you’re a victim of rape or incest, no I yield back the balance of my time. Mr. FRANKS of Arizona. I yield to Federal agency or agent will be able to b 1650 access your medical records in order to the gentleman from Michigan. prove that you, in fact, were raped or Mr. FRANKS of Arizona. Madam Mr. CAMP. I just want to instruct were a victim of incest. Speaker, I withdraw my reservation, the House, on this motion to recommit, Both the Hyde Amendment and this and I rise in opposition to the motion it only affects title I of the bill. All of legislation specifically create excep- to recommit. the tax provisions are in title II of the tions for victims of these crimes. The The SPEAKER pro tempore. The gen- bill. So this does not affect any of the underlying bill would create an excep- tleman is recognized for 5 minutes. tax provisions in the legislation. tion to the exception. It actually re- Mr. FRANKS of Arizona. Madam Mr. FRANKS of Arizona. Madam victimizes the victims of rape and in- Speaker, I rise in opposition to this Speaker, what he said. cest by requiring them to relive their motion to recommit. The amendment I yield back the balance of my time. horror. Rape kits could be examined. supposes that the bill does something The SPEAKER pro tempore. Without Confidential medical records could be that it doesn’t do. Nothing in this bill objection, the previous question is or- breached. allows the IRS any greater access to dered on the motion to recommit. How can we possibly ask a woman health information than they have ever There was no objection. who has suffered an horrific crime to had. HIPAA is still in place. This is The SPEAKER pro tempore. The now face scrutiny by an IRS audit? simply an amendment looking for a question is on the motion to recommit. Think about it. Is that what we want? problem that isn’t there. The question was taken; and the Do we want women who have been vic- Madam Speaker, well over a dozen Speaker pro tempore announced that tims of rape and incest to have IRS weakening amendments to this bill the noes appeared to have it. were offered at the Judiciary Com- agents knocking on their doors to de- RECORDED VOTE termine whether or not they really mittee and the committee carefully considered and, frankly, dismissed Ms. SPEIER. Madam Speaker, I de- have been raped or have been victims mand a recorded vote. of incest? We should be treating these most of those amendments. Likewise, A recorded vote was ordered. victims like victims and not like opponents had a second opportunity to The SPEAKER pro tempore. Pursu- criminals. Medical privacy is a long- challenge the bill in the Ways and ant to clause 9 of rule XX, the Chair standing and protected right for every Means Committee, and the product is will reduce to 5 minutes the minimum American. Why should the right be for- the bill before us. time for any electronic vote on the feited because you are a victim of rape I have heard so much incorrect infor- question of passage. or incest? mation about the bill, Madam Speaker. Let me say it one more time: Passage I would like to say to you that when The vote was taken by electronic de- of this motion will not prevent passage the gentlelady speaks of the most vul- vice, and there were—ayes 192, noes 235, of the bill. If it is adopted, it will be in- nerable among us, I would simply say not voting 5, as follows: corporated in the bill, and the bill will that before the sun sets today in Amer- [Roll No. 291] be taken up immediately. ica, 4,000 unborn children will die of AYES—192 Madam Speaker, last month, I re- abortion on demand, and in every case Ackerman Castor (FL) Deutch ceived a call from a woman who was a nameless little baby will die a tragic Altmire Chandler Dicks raped while serving in the United and lonely death, a mother will never Andrews Chu Dingell Baca Cicilline Doggett States Navy. Sometimes we get be quite the same, and all the gifts Baldwin Clarke (MI) Donnelly (IN) wrapped up in the words and forget that child might have brought to hu- Barrow Clarke (NY) Doyle about the real lives we’re talking manity will be lost forever. Bass (CA) Clay Edwards about. This member of the Navy was I would like to tell you that this bill Becerra Cleaver Ellison Berkley Clyburn Engel raped, beaten savagely and left for dead does something to prevent that same Berman Cohen Eshoo in her quarters. She was later informed thing from happening tomorrow, but it Bishop (GA) Connolly (VA) Farr that she was pregnant, and opted to doesn’t. Madam Speaker, this bill sim- Bishop (NY) Conyers Fattah ply says that taxpayers in the future Blumenauer Cooper Filner have an abortion. Does anyone here be- Boren Costa Frank (MA) lieve that this woman who volunteered will no longer have to pay for or worry Boswell Costello Fudge to serve our country should be subject about their taxpayer dollars being used Brady (PA) Courtney Garamendi to an audit by the IRS? This particular for that purpose. And whatever red her- Braley (IA) Critz Gonzalez Brown (FL) Crowley Green, Al Navy serviceperson has since been di- rings we may have heard from the op- Butterfield Cuellar Green, Gene agnosed with Post-Traumatic Stress ponents today, this bill does nothing Capps Cummings Grijalva Disorder, and has attempted suicide more than require that abortion fund- Capuano Davis (CA) Gutierrez ing remain in the private sphere and Cardoza Davis (IL) Hanabusa more than once. Carnahan DeFazio Hastings (FL) This is a real-life story of an Amer- outside the reach of government’s coer- Carney DeGette Heinrich ican in uniform, fighting for our free- cive power. Carson (IN) DeLauro Higgins

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6659 Himes McGovern Sarbanes Nugent Rogers (KY) Stearns Griffin (AR) Manzullo Rokita Hinchey McIntyre Schakowsky Nunes Rogers (MI) Stivers Griffith (VA) Marchant Rooney Hinojosa McNerney Schiff Nunnelee Rohrabacher Stutzman Grimm Marino Ros-Lehtinen Hirono Meeks Schrader Olson Rokita Sullivan Guinta Matheson Roskam Holden Michaud Schwartz Palazzo Rooney Terry Guthrie McCarthy (CA) Ross (AR) Holt Miller (NC) Scott (VA) Paul Ros-Lehtinen Thompson (PA) Hall McCaul Ross (FL) Honda Miller, George Scott, David Paulsen Roskam Thornberry Hanna McClintock Royce Hoyer Moore Serrano Pearce Ross (FL) Tiberi Harper McCotter Runyan Pence Royce Tipton Inslee Moran Sewell Harris McHenry Ryan (WI) Petri Runyan Turner Israel Murphy (CT) Sherman Hartzler McIntyre Scalise Pitts Ryan (WI) Upton Jackson (IL) Nadler Shuler Hastings (WA) McKeon Schilling Jackson Lee Napolitano Platts Scalise Walberg Hayworth McKinley Sires Schmidt (TX) Neal Poe (TX) Schilling Walden Heck McMorris Slaughter Schock Johnson (GA) Olver Pompeo Schmidt Walsh (IL) Heller Rodgers Smith (WA) Schweikert Johnson, E. B. Owens Posey Schock Webster Hensarling Meehan Scott (SC) Jones Pallone Speier Price (GA) Schweikert West Herger Mica Scott, Austin Kaptur Pascrell Stark Quayle Scott (SC) Westmoreland Herrera Beutler Miller (FL) Sensenbrenner Keating Pastor (AZ) Sutton Reed Scott, Austin Whitfield Holden Miller (MI) Kildee Payne Thompson (CA) Rehberg Sensenbrenner Wilson (SC) Huelskamp Miller, Gary Sessions Kind Pelosi Thompson (MS) Reichert Sessions Wittman Huizenga (MI) Mulvaney Shimkus Kissell Perlmutter Tierney Renacci Shimkus Wolf Hultgren Murphy (PA) Shuler Kucinich Peters Tonko Ribble Shuster Womack Hunter Myrick Shuster Langevin Peterson Towns Rigell Simpson Woodall Hurt Neugebauer Simpson Larsen (WA) Pingree (ME) Tsongas Rivera Smith (NE) Yoder Issa Noem Smith (NE) Larson (CT) Polis Van Hollen Roby Smith (NJ) Young (AK) Jenkins Nugent Smith (NJ) Lee (CA) Price (NC) Vela´ zquez Roe (TN) Smith (TX) Young (FL) Johnson (IL) Nunes Smith (TX) Levin Quigley Visclosky Rogers (AL) Southerland Young (IN) Johnson (OH) Nunnelee Southerland Lewis (GA) Rahall Walz (MN) NOT VOTING—5 Jones Olson Stearns Lipinski Rangel Wasserman Jordan Palazzo Stivers Bilbray Emerson Johnson, Sam Loebsack Reyes Schultz Kaptur Paul Stutzman Bilirakis Giffords Lofgren, Zoe Richardson Waters Kelly Paulsen Sullivan Lowey Richmond Watt Kildee Pearce Terry ´ Lujan Ross (AR) Waxman b 1713 King (IA) Pence Thompson (PA) Lynch Rothman (NJ) King (NY) Peterson Weiner Thornberry Maloney Roybal-Allard Kingston Pitts Welch Messrs. PAUL and PLATTS changed Tiberi Markey Ruppersberger their vote from ‘‘aye’’ to ‘‘no.’’ Kinzinger (IL) Platts Tipton Matheson Rush Wilson (FL) Kline Poe (TX) Woolsey Ms. SEWELL and Mr. JONES Turner Matsui Ryan (OH) Labrador Pompeo Upton McCarthy (NY) Sa´ nchez, Linda Wu changed their vote from ‘‘no’’ to ‘‘aye.’’ Lamborn Posey Yarmuth Walberg McCollum T. So the motion to recommit was re- Lance Price (GA) Walden McDermott Sanchez, Loretta Landry Quayle jected. Walsh (IL) Lankford Rahall Webster The result of the vote was announced Latham Reed NOES—235 West as above recorded. LaTourette Rehberg Adams Dold Hunter Westmoreland The SPEAKER pro tempore. The Latta Reichert Aderholt Dreier Hurt Lewis (CA) Renacci Whitfield Akin Duffy Issa question is on the passage of the bill. Lipinski Ribble Wilson (SC) Alexander Duncan (SC) Jenkins The question was taken; and the LoBiondo Rigell Wittman Amash Duncan (TN) Johnson (IL) Speaker pro tempore announced that Long Rivera Wolf Austria Ellmers Johnson (OH) Womack the ayes appeared to have it. Lucas Roby Bachmann Farenthold Jordan Luetkemeyer Roe (TN) Woodall Bachus Fincher Kelly RECORDED VOTE Lummis Rogers (AL) Yoder Barletta Fitzpatrick King (IA) Ms. DEGETTE. Madam Speaker, I de- Lungren, Daniel Rogers (KY) Young (AK) Bartlett Flake King (NY) E. Rogers (MI) Young (FL) Barton (TX) Fleischmann Kingston mand a recorded vote. Mack Rohrabacher Young (IN) Bass (NH) Fleming Kinzinger (IL) A recorded vote was ordered. Benishek Flores Kline NOES—175 Berg Forbes Labrador The SPEAKER pro tempore. This is a Biggert Fortenberry Lamborn 5-minute vote. Ackerman Crowley Inslee Bishop (UT) Foxx Lance The vote was taken by electronic de- Andrews Cummings Israel Black Franks (AZ) Landry vice, and there were—ayes 251, noes 175, Baca Davis (CA) Jackson (IL) Blackburn Frelinghuysen Lankford Baldwin Davis (IL) Jackson Lee Bonner Gallegly Latham not voting 6, as follows: Barrow DeFazio (TX) Bono Mack Gardner LaTourette [Roll No. 292] Bass (CA) DeGette Johnson (GA) Boustany Garrett Latta Becerra DeLauro Johnson, E. B. Brady (TX) Gerlach Lewis (CA) AYES—251 Berkley Deutch Keating Brooks Gibbs LoBiondo Adams Burton (IN) Duffy Berman Dicks Kind Broun (GA) Gibson Long Aderholt Calvert Duncan (SC) Bishop (GA) Dingell Kissell Buchanan Gingrey (GA) Lucas Akin Camp Duncan (TN) Bishop (NY) Doggett Kucinich Bucshon Gohmert Luetkemeyer Alexander Campbell Ellmers Blumenauer Doyle Langevin Buerkle Goodlatte Lummis Altmire Canseco Farenthold Boswell Edwards Larsen (WA) Burgess Gosar Lungren, Daniel Amash Cantor Fincher Brady (PA) Ellison Larson (CT) Burton (IN) Gowdy E. Austria Capito Fitzpatrick Braley (IA) Engel Lee (CA) Calvert Granger Mack Bachmann Carter Flake Brown (FL) Eshoo Levin Camp Graves (GA) Manzullo Bachus Cassidy Fleischmann Butterfield Farr Lewis (GA) Campbell Graves (MO) Marchant Barletta Chabot Fleming Capps Fattah Loebsack Canseco Griffin (AR) Marino Bartlett Chaffetz Flores Capuano Filner Lofgren, Zoe Cantor Griffith (VA) McCarthy (CA) Barton (TX) Coble Forbes Cardoza Frank (MA) Lowey Capito Grimm McCaul Bass (NH) Coffman (CO) Fortenberry Carnahan Fudge Luja´ n Carter Guinta McClintock Benishek Cole Foxx Carney Garamendi Lynch Cassidy Guthrie McCotter Berg Conaway Franks (AZ) Carson (IN) Gonzalez Maloney Chabot Hall McHenry Biggert Costello Frelinghuysen Castor (FL) Green, Al Markey Chaffetz Hanna McKeon Bishop (UT) Cravaack Gallegly Chandler Green, Gene Matsui Coble Harper McKinley Black Crawford Gardner Chu Grijalva McCarthy (NY) Coffman (CO) Harris McMorris Blackburn Crenshaw Garrett Cicilline Gutierrez McCollum Cole Hartzler Rodgers Bonner Critz Gerlach Clarke (MI) Hanabusa McDermott Conaway Hastings (WA) Meehan Bono Mack Cuellar Gibbs Clarke (NY) Hastings (FL) McGovern Cravaack Hayworth Mica Boren Culberson Gibson Clay Heinrich McNerney Crawford Heck Miller (FL) Boustany Davis (KY) Gingrey (GA) Cleaver Higgins Meeks Crenshaw Heller Miller (MI) Brady (TX) Denham Gohmert Clyburn Himes Michaud Culberson Hensarling Miller, Gary Brooks Dent Goodlatte Cohen Hinchey Miller (NC) Davis (KY) Herger Mulvaney Broun (GA) DesJarlais Gosar Connolly (VA) Hinojosa Miller, George Denham Herrera Beutler Murphy (PA) Buchanan Diaz-Balart Gowdy Conyers Hirono Moore Dent Huelskamp Myrick Bucshon Dold Granger Cooper Holt Moran DesJarlais Huizenga (MI) Neugebauer Buerkle Donnelly (IN) Graves (GA) Costa Honda Murphy (CT) Diaz-Balart Hultgren Noem Burgess Dreier Graves (MO) Courtney Hoyer Nadler

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6660 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 Napolitano Rush Thompson (MS) others who have lost loved ones. It’s a Jordan, his extended family, and Neal Ryan (OH) Tierney terrible, terrible tragedy. countless friends. Olver Sa´ nchez, Linda Tonko Owens T. Towns f HAROLD SCHNITZER OBITUARY Pallone Sanchez, Loretta Schnitzer, Harold J. 87 June 08, 1923 April Tsongas HONORING WILLIAM ‘‘BILL’’ Pascrell Sarbanes Van Hollen 27, 2011 Harold J. Schnitzer, businessman, Pastor (AZ) Schakowsky Vela´ zquez SCHULTZ philanthropist, and civic leader, passed away Payne Schiff Visclosky Pelosi Schrader (Mr. TONKO asked and was given early Wednesday morning, April 27, 2011, in Walz (MN) Perlmutter Schwartz Portland, at age 87, from complications of Wasserman permission to address the House for 1 Peters Scott (VA) minute and to revise and extend his re- cancer and diabetes. He was born June 8, Pingree (ME) Scott, David Schultz 1923, in Portland, growing up in S.W. Port- Polis Serrano Waters marks.) land where he attended Shattuck Elemen- Price (NC) Sewell Watt Mr. TONKO. Mr. Speaker, I rise tary School and Lincoln High School. He Waxman Quigley Sherman today to honor William ‘‘Bill’’ Schultz. earned a Bachelor of Science in metallurgy Weiner Rangel Sires Bill is an educator who has dedicated from the Massachusetts Institute of Tech- Reyes Slaughter Welch Richardson Smith (WA) Wilson (FL) over three decades, specifically 34 nology in 1944 and, immediately thereafter, Richmond Speier Woolsey years, to teaching in Maine, New served in the U.S. Army until his discharge Rothman (NJ) Stark Wu Hampshire, and New York. Upon retire- in 1947. Upon returning to Portland he joined Roybal-Allard Sutton Yarmuth his brothers in the family scrap and steel Ruppersberger Thompson (CA) ment, he has dedicated his energies and business, working alongside them until 1950, talents to other retirees. NOT VOTING—6 at which time he left and founded Harsch In- Bill was a leader in the labor move- vestment Properties, a leading diversified Bilbray Emerson Johnson, Sam ment and served two terms as presi- owner and operator of industrial, office, re- Bilirakis Giffords Petri dent of the Niskayuna Teachers Asso- tail and multi-family properties in five West- b 1720 ciation in my congressional district. ern states. He served as President and Chair- Serving 8 years as president of Retiree man of the Board for two decades before So the bill was passed. being joined by his son Jordan in 1970, who The result of the vote was announced Council 12 of the New York State now serves as President. Together they grew as above recorded. United Teachers Association, Bill was the company into one of the largest, pri- A motion to reconsider was laid on influential in organizing the council. vately held real estate companies in the the table. Bill’s leadership, dedication, compas- Western United States. Throughout his life sion, and knowledge have had a pro- he focused on three things: family, the busi- f found influence on the lives of the stu- ness and his community. Harold learned early on from his parents, Sam and Rose HOUR OF MEETING ON TOMORROW dents he has taught, the retirees for which he has advocated, and the Schnitzer, who immigrated to the United Mr. WESTMORELAND. Madam States in the early 1900s, the responsibility friends he has made along the way. of making a difference with his life. They Speaker, I ask unanimous consent that In 1921, John Cotton Dana said, ‘‘Who when the House adjourns today, it ad- taught him and his siblings, Manuel, Morris, dares to teach must never cease to Mollie, Edith, Gilbert and Leonard, the im- journ to meet at 9 a.m. tomorrow. learn.’’ It is in this spirit that Bill will portance of giving back to your community. The SPEAKER pro tempore (Mrs. be honored later this month. In 1949 he met and married Arlene Director, MYRICK). Is there objection to the re- I commend and congratulate him on daughter of family friends, Simon and Helen quest of the gentleman from Georgia? all his efforts and hope his service and Director. Married for 62 years, they were life- There was no objection. long partners in business, the arts and phi- dedication can stand as a model and in- lanthropy. Their son, Jordan, was born in f spiration for countless others. After 1951. Over a career of 60 years there have all, our future and our children’s future SOUTHERN STORMS been hundreds of organizations and causes are only as good as those who teach that have benefited from his leadership and (Mr. ROE of Tennessee asked and was them. financial support. Harold served on the board of Lewis & Clark College for 16 years, a Life given permission to address the House f for 1 minute and to revise and extend Trustee since 1995. His service to the Port- his remarks.) HONORING THE LIFE OF HAROLD land Art Museum spanned 21 years, ulti- Mr. ROE of Tennessee. Madam J. SCHNITZER mately as Chairman of the Board from 1997 to 2001, during which time a major expansion Speaker, I rise today to pay tribute to (Mr. BLUMENAUER asked and was resulted in the opening of the Mark Building. all those affected by the devastating given permission to address the House He and Arlene are especially proud of estab- storms that ripped through Tennessee for 1 minute and to revise and extend lishing the Center for Northwest Art, and a and 12 other States last week. My his remarks.) curatorial and awards program. They also thoughts and prayers are with the fam- Mr. BLUMENAUER. I rise today in were major collectors of Han and pre-Han ce- ilies who lost loved ones and with those honor of the long and productive life of ramics that led to establishing the Arlene that must rebuild their lives after this Harold J. Schnitzer. and Harold Schnitzer Collection of Early terrible natural disaster. Harold was a skilled businessman Chinese Art. They gifted a number of works from the collection to the Portland Art Mu- Just as the people of Tennessee came who, together with his wife, Arlene Di- seum along with endowing the position of together following last year’s floods, rector Schnitzer, established and later Curator of Asian Art. Harold and Arlene we will do so again. With heavy hearts, with his son, Jordan, grew one of the have also been strong supporters of arts and we will overcome our great loss with largest privately owned real estate cultural institutions in both the Bay Area greater strength and a renewed sense of companies in the western United and Palm Springs, where they have resi- community. States. But this quiet, thoughtful, dences. More recently Harold provided the I would also like to extend my heart- modest man was a civic leader, a phi- lead gift establishing the Harold Schnitzer felt thanks to all of the volunteers and lanthropist for the arts, education, and Diabetes Health Center at OHSU in 2007, one of only ten centers in the nation treating rescue workers involved in the disaster culture in Oregon. children and adults, and the only one on the relief efforts. Even in dark hours, the I personally experienced his kindness West Coast. A diabetic since his early 40s, he efforts of Americans like these should to a young man interested in public valued good health care and appreciated its give all of us cause to hope. service. He continued to be generous connection to the quality and longevity of In the days ahead, we will work to- with his opinions and advice, a story I life. The Center is his expression of helping gether to ensure that our communities know was repeated many times. His others in their struggle with diabetes. Har- have the resources needed to rebuild. I important contributions to our com- old valued family and philanthropy that ex- have complete faith that we will munity will be enjoyed for generations tended to Portland, the State of Oregon and the Pacific Northwest. He served as chair- emerge stronger and better than ever to come. man of multiple capital and building cam- before. We honor his life, even as we mourn paigns for Portland’s Jewish Community Madam Speaker, my prayers go to his passing, and extend our condolences that led to the establishment of the those family members in our State and to his wife of 62 years, Arlene, his son, Mittleman Jewish Community Center, and

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6661 facilities for Congregation Shaarie Torah prima facie case against the co- most, in order to get us over the and Congregation Beth Israel, both of which conspirators. bridge, we need to make certain that he remained as a member until his death. Instead, you can go to the White we utilize responsibly resources that Harold was always interested in ensuring House Web site and find that their dep- that young people have the same educational have been given to this great country opportunities that he had. He believed that uty national security adviser is thank- by our Creator. with education comes greater appreciation ing the president of the Islamic Soci- We need offshore exploration, on- of one another’s differences and increased ety of North America, which was one of shore exploration, clean coal tech- tolerance. He had a lifelong interest in fund- the unindicted coconspirators, for his nology, oil shale, all of the things that ing scholarships and educational grants, and wonderful help in the White House and the American people know will de- that ultimately led to him establishing Ju- his great prayer he gave the year be- crease not just the price of gasoline but daic studies programs at both the University fore. will decrease our reliance on foreign oil of Oregon and Portland State University. Harold served the City of Portland on a vari- It’s time to get foxes out of the hen- and make this country safer and the ety of projects including the development of house. Let’s hold people responsible world safer. the Portland Center for the Performing Arts. who want to destroy our way of life. Let’s get to work on an all-of-the- Because of his leadership and philanthropy, f above energy plan on behalf of the the city named its symphony hall, the Ar- American people. lene Schnitzer Concert Hall, in honor of his NO TAXPAYER FUNDING FOR wife, Arlene. He has been honored by numer- ABORTION ACT f ous civic organizations regionally and na- (Mr. SMITH of New Jersey asked and b 1730 tionally in partnership with his wife Arlene was given permission to address the including the following: Doctor of Humane RISING GAS PRICES House for 1 minute and to revise and Letters, Portland State University, 2004; Dis- The SPEAKER pro tempore (Mr. tinguished Service Award, University of Or- extend his remarks.) egon, 2001; Aubrey Watzek Award, Lewis & Mr. SMITH of New Jersey. Mr. FINCHER). Under the Speaker’s an- Clark College, 2000; Arts Breakfast of Cham- Speaker, I rise today to just thank my nounced policy of January 5, 2011, the pions Honoree, NW Business for Culture and colleagues for voting so overwhelm- gentleman from Georgia (Mr. BROUN) is the Arts, 1997; Portland First Citizen Award, ingly for H.R. 3, the No Taxpayer Fund- recognized for 60 minutes as the des- Portland Metropolitan Association of Real- ing for Abortion Act. ignee of the majority leader. tors, 1995; SAFECO Art Leadership Award, America today is solidly pro-life and Mr. BROUN of Georgia. Mr. Speaker, ArtFair/Seattle, 1994; Distinguished Service the trend line tangibly improves by the unfortunately in what has become a Award, United Jewish Appeal, 1966–1967; and time-honored tradition, the President the Outstanding Philanthropist Award, Na- year. On public funding, a super- tional Society of Fundraising Executives, majority of well over 60 percent oppose and my Democratic colleagues that are 1996. He is this year’s honoree of the Juvenile public funding of abortion. Clearly, here in Congress find it more conven- Diabetes Research Foundation to be cele- Americans get it. There is nothing ient and politically expedient to make brated Saturday, April 30, 2011. Also in April, compassionate, benign, or nurturing targets of energy companies. These are the faculty of the Pacific Northwest College about abortion. Abortion methods, the companies who invest their own capital of Art voted to award honorary doctorate de- actual deed of dismemberment, chem- and resources to increase our country’s grees to both Harold and Arlene. Harold is ical poisoning or suction is an act of vi- energy supply and the security of our survived by his wife, Arlene; son, Jordan; Nation. They want nothing more than granddaughters, Arielle and Audria; brother, olence against children. Gilbert of the Bay Area, Calif.; sister Mollie Abortion also hurts women. Earlier to operate in a free market environ- of Beverly Hills, Calif.; and numerous nieces today in the Capitol, we heard from ment without excessive government and nephews. Even during the last days of Nancy Tanner, a woman from Silent regulations. his life he was still working and planning on No More Awareness Campaign, who However, in a move to deflect the how to make life better for everyone else eloquently urged passage of H.R. 3. Ms. spotlight from this administration’s around him. Therefore, in lieu of flowers and Tanner spoke of her abortion and the own failings and the Democrat Party’s to honor his memory, the family suggests emotional agony that she has endured own failings and their incompetent that contributions maybe made to the Har- policies, this administration and many old Schnitzer Diabetes Health Center at and noted that well over 10,000 women OHSU; the Portland Art Museum; at either have come forward and now have spo- in Congress find it easier to attack the of two Judaic studies programs at the Uni- ken out publicly against abortion. success of the energy companies than versity of Oregon or Portland State Univer- Each and every one of those women to actually confront the challenges sity, or to the charity of your choice. A me- have had at least one abortion them- that we face, often espousing policies morial service will be at 4 p.m. Wednesday, selves, and they talk of the ongoing to increase government interference in May 11, 2011, at Congregation Beth Israel, and enduring agony of that abortion. the marketplace that do more harm 1972 N.W. Flanders St., Portland, with a re- I want to, again, thank my col- than good. ception to follow at 5:30 p.m. at the Portland Recently, companies like Koch Indus- Art Museum, Mark Building, 1219 S.W. Park leagues for supporting the No Taxpayer Ave., Portland. Funding for Abortion Act. tries, which employs more than 10,000 people in my home State of Georgia, f f contributing more than $700 million to IT’S TIME TO GET FOXES OUT OF ALL-OF-THE-ABOVE ENERGY our State’s economy, along with tens THE HENHOUSE (Mr. PRICE of Georgia asked and was of millions in community and environ- (Mr. GOHMERT asked and was given given permission to address the House mental philanthropic efforts, have permission to address the House for 1 for 1 minute.) come under attack by several Demo- minute.) Mr. PRICE of Georgia. Mr. Speaker, crats in this body and this administra- Mr. GOHMERT. Mr. Speaker, we had when I drove to the airport to come out tion just because Koch’s work provides a hearing yesterday in the Judiciary here this week, I recognized that gaso- for an easy red meat target to throw to Committee. The Attorney General of line was at $3.86 a gallon in my dis- their radical environmental friends. the United States came before us, and trict, and the last time we got to these It’s also a sad state of affairs when one of the things we discussed was the levels was almost 21⁄2, 3 years ago in other energy companies actually post a fact that in 2008, toward the end of the the summer of 2008. positive profit report, even though year, there was the biggest, most im- And we, at that time, came up with most of these profits go back into more portant terrorist funding case that was an all-of-the-above energy plan, a plan energy exploration as well as clean en- ever tried, conviction of all five defend- that recognizes that what we need to ergy development. I’m also sure that ants on 108 counts, and now this admin- do is expand production in the United you won’t hear many attacks on how istration has dismissed and is not States. We need to concentrate on con- those profits help boost the retirement going to pursue the evidence that the servation. We need to incentivize new accounts of millions of Americans and trial judge said was there to make a forms of energy. But first and fore- put more into our struggling economy

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6662 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 than any government stimulus pro- taurant. That’s happening in all the lutely wrong. And, in fact, as soon as gram has or could. grocery stores, and that’s happening the first drill bit starts hitting dirt or According to the new Washington all across this country. It’s threatening ocean floor, you will see oil prices Post/ABC News survey out today, more our economy and our economic recov- plummet in this country, in my opin- than seven in 10 Americans are suf- ery. ion. Why? Because OPEC will get a fering financial hardship from the sky- While the new House majority is tak- message that we’re going to produce rocketing gas prices. In fact, we’ve got ing steps to address gas prices and help our own energy resources here in a chart here tonight, the first one in a create jobs with the American Energy America. series. This is the gas price, the aver- Initiative, the Obama administration’s Mr. Speaker, I submit any country age retail price in America when anti-energy policies are driving up that is not energy independent, if it Barack Obama took office. The average prices, and they are threatening our cannot produce its own energy re- price at that time was $1.84 per gallon economy by blocking American energy sources, if it cannot produce its own just as recently as January of 2009, a production. We have had a 16 percent food and its own clothing, is not a se- little over 2 years ago. Look what’s decrease in American energy produc- cure Nation. And the American people happened. As of April 25 of this year, tion under this administration. It is 16 need to know that we are not a secure the average price per gallon was $3.88. percent lower than it was projected to Nation today, and it’s because of poli- The average price 2 years ago was $1.84; be. Future projections show continued cies of this administration that are now it is $3.88, $2 higher, over twice. decreases in domestic production and making us less secure. We need to go in It’s over double in just a 2-year period more and more reliance upon foreign the opposite direction of the direction of time. imports for our energy sources, par- we’re going today, that this adminis- Gas prices don’t just affect the price ticularly for gas and oil. We’re getting tration’s taking us. at the pump. I was talking to a Mem- those energy resources from countries According to James W. Noe, Execu- ber just a few minutes ago. She was that hate us, that hate our American tive Director of the Shallow Water En- telling me that she just fueled her free enterprise system, that hate the ergy Security Coalition, at least 12 off- pickup truck, and it cost her over $100 liberty we have here in this country. shore rigs have already departed the to fill the gas tank of her pickup truck. More than a 200,000-barrel-per-day de- Gulf of Mexico, resulting in a signifi- She and her husband own a ranch. They crease in Gulf Coast energy production, cant and precipitous reduction in do- are active ranchers out west. Never be- this is according to the Energy Infor- mestic employment and energy produc- fore has she had to pay $100 to fill the mation Administration’s March 2011 tion. tank of her vehicle, and I filled the short-term energy outlook. Production In January, the moratorium forced tank of mine, and it was almost $90 in from the Gulf of Mexico is expected to seven oil rigs to abandon the Gulf and my GMC Yukon that I’ve used to make fall by 240,000 barrels per day in 2011 head overseas, costing American jobs house calls as a medical doctor. This is and a further 200,000 barrels per day in and forcing the U.S. to import more unsustainable. 2012. A reduction. And 27 billion barrels foreign oil. These rigs have left. You Our gas prices impact our grocery of oil are under lock and key in Alaska. see where they’ve gone. Nigeria, Egypt, bills, job opportunities, travel plans, According to a recent FOX News re- the Congo, Brazil, French Guyana. and thousands of other decisions that port, the EPA’s refusal to grant per- They won’t be coming back. Thousands businesses and families make. In fact, mits for energy production in Alaska’s of American jobs left with them. In according to an analyst from Cameron Outer Continental Shelf has limited ac- fact, as many as 12,000 American jobs Hanover, every penny increase in the cess to an estimated 27 billion barrels have been lost, and more than 36,000 of oil. With Alaskan oil production al- price of gas costs consumers, American jobs are at risk. citizens, consumers, more than $4 mil- ready decreasing by 7 percent annually, I hear my Democrat colleagues talk- lion per day. A one-penny increase continued delays could force the Trans- ing about it’s jobs, jobs, jobs. In fact, costs consumers over $4 million per Alaska Pipeline to shut down. we heard that just today in the Science day. And, folks, who are hurt the most b 1740 Committee. One of my Democratic col- by this? The people who are hurt the What’s that going to do to our cost of leagues talked about jobs are the num- most are poor people and people who gasoline, heating oil, natural gas and ber one issue. Well, she’s absolutely are on limited incomes, our senior citi- all of our other energy sources? What’s right. But it’s her party’s policies that zens. that going to do to the cost of food? are running jobs overseas. It’s this ad- As the cost of fuel and gas and oil go It’s all going to skyrocket. ministration’s policies that are making up because of the misplaced policies of More than 40 American energy these rigs leave the Gulf of Mexico and this administration, this winter, fuel projects have been stalled by this ad- go to Nigeria and Egypt and Congo and prices are going to be out of the roof. ministration. As the House Natural Re- Brazil, French Guyana. In fact, the President said while we sources Committee notes, 10 months According to the study at Louisiana were talking about his cap-and-trade after the Obama administration’s offi- State University, monetary economist, bill not long ago, he said that energy cial moratorium on American energy Dr. Joseph Mason, the Obama adminis- prices, to use the President’s words, ended, over 40 projects remain stalled, tration’s de facto ban, and it is a ban, ‘‘would necessarily skyrocket’’ for his and people are left without work. This he says he’s lifted the moratorium but policies. ‘‘Necessarily skyrocket.’’ administration’s energy policy is kill- they’re not putting out the permits. Under President Obama, the cost of ening jobs in the Gulf Coast, as well as all It’s a de facto ban on American energy ergy has skyrocketed. That’s what he over this country. We’re sending Amer- production, could cost as many as has said in a national speech. ican jobs overseas. Twelve rigs have al- 24,532 jobs in the Gulf Coast and 36,137 The national average price of gaso- ready left the Gulf. jobs nationwide. line, as I just mentioned, was $1.84 Before we change, let me go to this By the administration’s own admis- when President Obama took office. quote here from Michael Bromwich, sion, the first 6 months of the official Today it is $3.96. Rising gasoline prices the Chief Regulator of U.S. offshore moratorium alone has resulted in as are hurting families and small busi- drilling. Even if we permitted the hell many as 12,000 American jobs have nesses. They are costing jobs. In fact, I out of everything tomorrow, every been lost. They’re gone. They’ve left just talked to a manager of a res- pending permit, some permits that the Gulf Coast. They’ve gone to other taurant in my hometown of Athens, haven’t even been filed yet, it would areas. They’ve gone to produce energy, Georgia, just this last weekend. He was not have a material effect on gas if you look at this chart, in the Middle telling me that when he orders food for prices, Bromwich said. That’s the sim- East, in Africa, South America and his restaurant, his suppliers are adding ple, clear reality. Brazil. a fuel surcharge, a fuel surcharge onto The simple clear truth, the simple In fact, the President just sent bil- the cost of groceries, food for his res- truth is Michael Bromwich is abso- lions of dollars to Brazil for them to

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6663 produce their energy and create Bra- blame-shifting strategies that Demo- publicans are making strong efforts to zilian jobs at the cost of American en- crats have tried unsuccessfully to use create jobs and lower fuel prices in this ergy and American jobs. It makes no in the past to deflect blame for their country. sense, absolutely no sense. failed anti-energy policies. Recently, CNN did a poll. They found Recently, in a trip to Brazil in Just last month, Democrats recycled that seven in ten Americans support March, President Obama pledged to their so-called ‘‘use it or lose it’’ argu- increased offshore drilling for oil and help with technology and support to ment that has already been debunked gas—seven in ten. I wonder about the develop the Brazilian oil reserves so as nothing more than a hoax. It is po- other three in those ten. Forty-five that America could become one of Bra- litical fodder that they are utilizing. percent strongly favor. zil’s, quoting Barack Obama himself, And I have heard it in our Natural Re- Here is the question. They asked how Brazil’s best customers. He wants us to sources Committee. I have heard it on Americans feel about increased drilling become Brazil’s best customer. the floor of the House. American people for oil and natural gas offshore U.S. How about those American jobs that are sick and tired of this kind of polit- borders, and here is how they re- he is killing and his administration is ical dialogue. sponded: 45 percent said that they killing? Americans are demanding all over strongly favor us doing increased drill- His Energy Secretary, Dr. Chu, a cou- this country, not only in the 10th Dis- ing for our own oil and gas in the gulf ple of years ago said, we have to find trict in Georgia, my district, not only coast offshore, 24 percent mildly favor, some way to make gasoline prices in in the State of Georgia, but Americans 16 percent strongly oppose, and 15 per- America the same as they are in Eu- all over the country deserve for this cent mildly oppose. rope. We’ll talk about that in a bit, and Nation to be energy independent. They Now, that 15 percent and 16 percent, remind the American people that the I wonder if they have looked at their President himself said that energy are crying out for energy independence. The Carter administration estab- checkbook. I wonder if they have prices under his policies that he’s pro- lished the Energy Department to make looked at the cost of bread and milk, moting would necessarily skyrocket. cabbage and potatoes in their grocery He wants Americans’ energy prices to us energy independent as a Nation. The Department of Energy has failed miser- store. Because the prices of those goods skyrocket, putting people out of jobs, that we all depend upon when we go to costing all these thousands of jobs, ably, failed miserably in that task, and has failed miserably in that task under the grocery store are markedly af- costing our economy millions and mil- fected by the cost of gas and oil in this lions and trillions of dollars in all prob- both Democrat as well as Republican administrations. country. ability eventually. Certainly billions. Increasing American energy produc- Now, President Obama is trying to He just gave a loan to Brazil, $2 bil- tion will help create new jobs, and it shift blame to oil speculators just as he lion to produce jobs and produce oil in addresses the rising gas prices. And did back in 2008. And this is in spite of Brazil instead of producing oil in the Americans know it. The House is pre- the fact that, as Washington Post’s Gulf Coast and off Alaska. And his EPA pared to vote on legislation to boost Jennifer Rubin notes: It is the adminis- just denied any production off Alaska. offshore energy production. It makes no sense. tration’s own policies that are contrib- As I said, seven in ten Americans According to stories from the Gulf uting to yet another drain on the wal- support offshore drilling for our oil and Coast residents shared at a recent Nat- lets of average Americans. natural gas. It belongs to us, it belongs ural Resources Committee hearing, the The Washington Post has not been a to the American people, and we are President’s policies already are helping particularly conservative newspaper being prohibited from tapping into that make good on his pledge, with one off- that has promoted conservative poli- by this administration and the Demo- shore boat company employee report- cies. That is what Jennifer Rubin said: cratic Party policy. ing that his employer is sending 100 The administration’s own policies are Implementing a comprehensive plan vessels overseas to Brazil to keep them contributing to yet another drain on to build a more stable supply of petro- working, Brazilians working. With the wallets of average Americans. And leum from our own North American re- those transfers go many American she is absolutely correct in that assess- sources, along with reforms that end jobs. ment, and I commend her for saying so. litigation, the endless litigation, and This administration’s policies are de- Earlier this month, the House passed reveal policies that artificially inflate stroying jobs. The Democrat Party the Energy Tax Prevention Act, H.R. cost will provide immediate relief to policies under the former Speaker, Ms. 910, to stop the Obama administration the price of gasoline. The market PELOSI, the Majority Leader in the from imposing a backdoor national en- knows that more energy means lower Senate, HARRY REID, are destroying ergy tax that will further drive up gas prices. jobs, destroying our economy. And prices. President Obama says he is When President Bush removed the they want more of the same. They going to veto that legislation, proving executive moratorium on offshore want more stimulus, more government, that he won’t let skyrocketing gas drilling in 2008, as a good example, less American jobs in the private sec- prices get in the way of his administra- crude oil futures by the speculators fell tor, less American energy production. tion’s job-crushing anti-energy agenda Mr. Speaker, the American people more than $9 almost immediately. It is regardless of the cost to American fam- need to know very clearly, they need to not the speculators that are causing ilies and small businesses. know the simple truth. They deserve the rising cost of oil. It is not the spec- I have got a small business in the the truth; that the policies created by ulators who are causing the rising cost timber industry in Lincoln County, this administration, the policies cre- to Americans when they go to fill their Georgia, and the owner of that business cars and pickup trucks. It is failed poli- ated under the leadership of NANCY recently told me he parked all of his cies by the Obama administration, PELOSI and HARRY REID are building a trucks because he cannot afford to put bigger government but destroying our failed policies by NANCY PELOSI and energy. They’re building a bigger gov- fuel in those trucks, and that has cost HARRY REID and their cronies here in ernment, even higher prices for hous- several jobs in Lincoln County. Lincoln the House and in the Senate. We can create good jobs. We can insu- ing in Washington, D.C. to destroy jobs County has an unemployment rate that in the private sector all across the is way, way higher than the national late the economy from energy price country. And their energy policies are average. In fact, the State of Georgia’s shocks by actively producing our own going to harm the most vulnerable unemployment rate I think just re- energy resources here in this country. Americans, poor people, people on lim- cently was reported to be over 10 per- And we can do that, we must do that, ited incomes, our senior citizens. cent. while we are good stewards of our envi- This administration’s anti-energy ronment, repealing Federal mandates b 1750 policies are crushing jobs, crushing and the prohibitions that artificially Recently, President Obama and small businesses, crushing family budg- drive up the cost of gasoline and stop- Washington Democrats trotted out two ets, and it is anti-American. House Re- ping the EPA’s backdoor energy tax.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6664 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 They are trying to implement what I increasing American energy production the other side and of the whole debate call tax-and-trade by EPA edict in a to help address the rise in gasoline about what drives the cost of energy. dictatorial manner when they could prices that Americans are facing every It’s a simple formula. We all learned it not pass that bill through Congress in single day. Every single day, we see gas in basic economics and accounting: the last Congress. And by halting the prices jump. supply and demand. If you want to President’s drilling permatorium, as H.R. 1231, Reversing President lower the cost of the good, you have to some of us call it, it has been de- Obama’s Offshore Moratorium Act, will increase the supply. We continue to described, and unlocking our own energy lift the President’s ban on new offshore mand more. In fact, we’re going to de- resources that God has given us here in drilling by requiring the administra- mand 30 percent more in electricity America both on- and offshore, all tion to move forward on American en- generation by 2030. If we don’t marry these will help alleviate the pain at the ergy production in areas containing that with increased electricity genera- pump, the pain at the grocery store, the most oil and natural gas resources. tion, guess what? We’re going to have the pain for every good and service, Many organizations support the higher costs. The same is true with liq- even the pain in the doctor’s office and three bills I just mentioned: the U.S. uid fuels. the pain of all the higher energy costs Chamber of Commerce, Americans for So we’re in a very exciting time in and the pain of all the increased costs Tax Reform, the National Taxpayers this country because, for the first time, of every good and service in this coun- Union, Americans for Prosperity, Citi- we really can make the argument that try. zens Against Government Waste, we could be independent of imported Americans for Limited Government, crude oil by using what we’re proposing b 1800 the National Federation of Independent as an all-of-the-above energy strategy. Through the American Energy Initia- Business, the 60 Plus Association, the Let these energy commodities compete tive, House Republicans are actively American Trucking Association. I for our purchase. One example we drew working to increase American energy could go on and on and on. Gulf organi- up with some friends on the other side production in order to do a number of zations are supporting the passage of is an open fuel strategy so that any- things: to lower the cost of gasoline, to the Outer Continental Shelf legisla- body can use anything when they pull create American jobs, to generate rev- tion, and I could list organization after up to the pump. Another manner in enue to help reduce the debt and this organization. which you do that is you continue to deficit that’s unsustainable, and to I won’t continue with those right allow all commerce to compete for strengthen our national security by de- now because I’ve been joined by a good electricity. You don’t allow govern- creasing our dependence on foreign en- friend who is stalwart on this issue and ment to stifle the electricity genera- ergy, particularly on foreign oil. who, I think, has probably done as tion or the liquid fuel market. As I mentioned just a few minutes much or more than any other Repub- So many of us have seen these, and ago, I believe very firmly that, if a lican Member of Congress to try to I’ll go through them quickly since I country is not energy independent, it is help make us energy independent as a know you’ve got some issues you want not a secure nation. We are not secure Nation and to help us create jobs here to talk about. today. We must make America energy in America. In an all-of-the-above strategy, we independent, and we do that by devel- My dear friend, JOHN SHIMKUS, I yield say ‘‘all of the above.’’ If you want to oping our own energy resources—all of to you. use solar and wind, great. That’s part Mr. SHIMKUS. Thank you, Congress- our energy resources, not only oil and of ‘‘all of the above.’’ A small portion man BROUN. It’s great to be with you, gas but coal. We need to develop clean of electricity generation does nothing and I appreciate the introduction. coal technology. We need to look at al- for liquid fuel, liquid transportation You’re too kind. fuels, but it might add 3 percent of ternative energy resources, such as One thing I do know: If you want to wind and solar and waves, and all of electricity. OCS, we’ve got to be there. create good-paying jobs, it’s in the fos- We’ve got new excitement in the those things. We need to have research sil fuel industry. and development on nuclear energy and Marcellus shale. That’s got to be an ex- During this recession, one of the two citing new venue that can go for elec- on all of the things that are critical for biggest job engines for organized labor us to be energy independent as a Na- tricity generation and for liquid fuels. has been the production of a new, We’ve got fuel from coal, not just election. supercritical coal-fired power plant. Republican bills would create 250,000 tricity generation. For years, South There will be thousands of building Africa has been turning carbon-based jobs short term and 1.2 million jobs trade workers building this power coal into liquid transportation fuel or long term, according to Louisiana plant and hundreds of people who will aviation fuel, and as you know, I’m State University’s Joseph Mason. be working in this power plant and very supportive of the biodiesel provi- We’ve got to create jobs, but the en- mining the coal. They’ll have great sions. ergy policies that this administration wages and superb benefits. So, if we It all comes down to this: jobs. When and our Democratic colleagues are pro- want good, high-paying jobs in this we continued to add additional regula- moting are killing jobs, not creating country, the fossil fuel industry is one tions on the fossil fuel industry, what them. Republican policies want to cre- sector that can do that. happened to these miners? They all ate jobs. The other major job engine next to lost their jobs—a thousand of them in Under the Republican bills that we my congressional district is the expan- one mine. The attack by this adminis- have introduced, one of which is H.R. sion of a refinery in Wood River. Actu- tration and by my colleagues on the 1230, the Restarting American Offshore ally, it’s in Congressman COSTELLO’s other side with regard to the fossil fuel Leasing Now Act, we would expand district, but we’re right next to each industry has to stop. American energy production and create other. It’s the ConocoPhillips-Wood I know we’ve been joined by another jobs by requiring the Secretary of the River Refinery, and it has thousands of of my colleagues, and I’ll end with this Interior to conduct oil and natural gas employees. It’s a $2 billion project to because you hear it quite a bit on the lease sales in the Gulf of Mexico as help crack the oil that would come floor. well as offshore of Virginia that have from the Canadian oil sands. You have been delayed and cancelled by the thousands of jobs right now. You have b 1810 Obama administration. another supply decreasing our reliance I just want to pose a question: If you H.R. 1229, Putting the Gulf of Mexico on imported crude oil from an ally with raise taxes on a commodity good, how Back to Work Act, will end the Obama North American Energy—great wages, does that lower its price? If you raise administration’s de facto drilling mor- great benefits, secure jobs. It’s the fos- the tax on a commodity, how does that atorium in a safe, responsible and sil fuel industry. lower the price to the consumer? It transparent manner, and it will put I am just amazed at the continued at- cannot, and it will not. It will only add thousands of Americans back to work, tack on that sector by my friends on to the price of that energy.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6665 Thank you for letting me join you. their job in the energy industry, high- So the President would say to raise Mr. BROUN of Georgia. Thank you, paying jobs, by the way, that have gone $22 billion in taxes on American energy Mr. SHIMKUS. I appreciate it. And I ap- to foreign countries. production, which, by the way, runs preciate your efforts over many Con- We have tracked some of these deep- even thousands more jobs out of our gresses since I have been here. I am in water rigs that have left. Of course, the country and increases our dependence my third Congress, as you know. You President goes to Rio de Janeiro a few on Middle Eastern oil. This is counter- have been a stalwart fighting this issue weeks ago and brags that he wants to productive policy, but that is the all along, and I appreciate the hard drill in Brazil. I would suggest, Mr. President’s answer to high gas taxes, is work you have done for the people in President, let’s drill in America safely, to raise taxes on American energy, your district in Illinois and for this Na- where we know there are billions of which means higher prices at the tion. So thank you so much for what barrels of oil here in this country, pump. And, by the way, we are already you have been doing. where we can create thousands of high- paying too much at the pump. Gas I have also been joined tonight by an- paying jobs and generate billions of prices have more than doubled since other friend of mine who has been very dollars that the Federal Treasury President Obama took office. active in this issue because he is from would take in because of all that eco- It is not just bad luck that gives us Louisiana. He has been on the floor nomic activity and the royalties that high gas prices. It is bad policy that many times talking about the morato- would be paid by those oil companies, comes out of Washington, D.C. That is rium and the permatorium that has that would lower our deficit. And yet, why I really appreciate the gentleman been going on, as some have called it. no, the President says we want to shut from Georgia bringing us here tonight. This has cost people jobs in his home you down and put your people out of But also the legislation that we will be State of Louisiana. work, but we want to go and spend our voting on tomorrow that actually I yield to my good friend STEVE SCA- resources drilling in Brazil. starts to address this problem and This is the backward policy that this LISE from New Orleans. says, you know what, if people in administration has pursued that has Mr. SCALISE. I thank the gentleman America want to safely explore for and gotten us to this point where we are from Georgia for yielding. I appreciate produce energy here in America, we are paying over $5 in some places in this the hard work that you have been going to let them do that. We are going doing for years, as I have, on this issue. country—$4, close to $4 in my district— for a gallon of gasoline, and we are not to let them go to work here so that we I appreciate the comments from my don’t send those jobs and those billions colleague from Illinois who just talked even in the heart of the summer. So then when you look at what the of dollars to countries like Brazil, and, about just what is happening here. administration’s plan is. Clearly, our even worse, Middle Eastern countries In the last 2 weeks we were in our plan is we want to let our people go who want to do us harm. districts, and I got the opportunity to back to work exploring and drilling So clearly the policy impacts the go through parts of my district. When safely for energy, creating thousands of price of gas we are paying at the pump. you talk to people about what is hap- good jobs, bringing all that tax revenue We have got to reverse these policies pening in this country with the econ- into this country to lower our deficit. that make absolutely no sense that are omy, the biggest question that comes But the Presidents’s answer, is, you coming out of this White House and get up, beyond the short-term issues of the would think maybe he would be agree- back to an all-of-the-above strategy economy and jobs, is the high price of ing on us with this. This should be a bi- that actually allows us to utilize our gasoline, and just why is it that right partisan issue, there is bipartisan sup- resources here in America in a safe now people are paying almost $4, if not port, by the way, to do what my col- way, that produces thousands of good- $5 in some parts of the country, $5 per league from Georgia and I are talking paying jobs and brings billions more gallon for gasoline, and we are still not about, but the President not only dollars into the Federal Treasury to even into the heart of the summer. doesn’t support our plan, but the Presi- pay down the national debt. It is very clear as people look, it is dent’s proposal is to raise taxes on Mr. BROUN of Georgia. Mr. Speaker, very clear that the policies of this ad- American energy. the rules that were presented by Mr. ministration that have completely He goes out, and I guess every time BISHOP from Utah from the Rules Com- shut off our ability to produce, go and he speaks he wants to go and beat up mittee are the two bills that Congress- explore for and produce energy in on an American industry, and right man SCALISE was just talking about America, is one of the main contrib- now it is the oil companies. Well, that will start forcing actually this ad- uting factors to this high price of gaso- frankly, the oil companies that are out ministration to start letting out leases line. there right now, many of them are pro- and helping us to develop our own en- Of course, you don’t have to go far in ducing in other countries. But our ergy resources here in America. south Louisiana to see the direct im- local producers, the small businesses, But I wanted to ask Mr. SCALISE be- pact because, as my colleague from these aren’t the big guys. These are the fore he leaves, I am on three commit- Georgia just pointed out, not only the small businesses that are barely hang- tees. I am on Natural Resources, I am moratorium that was imposed about a ing on by a thread, struggling to sur- on the House Homeland Security Com- year ago, but the permatorium that we vive, that he would be shutting down mittee, and I am also on the Science, are still experiencing today, where the by raising taxes. His plan is to raise $22 Space, and Technology Committee. administration won’t let our people go billion in taxes on American energy Just today in Science, Space, and back to work exploring safely for en- production. Technology, I heard Democratic col- ergy, people that had absolutely noth- Now, his plan, by the way, coinciden- leagues talk about the number one ing to do with the BP explosion of the tally, doesn’t apply to foreign coun- issue in America today. One lady said, Deepwater Horizon, people in much tries. So when he goes to Rio and says it is jobs, jobs, jobs. deeper waters, drilling safely back then ‘‘drill in Brazil,’’ his package that he that now cannot go back to work. actually has asked Congress to pass, b 1820 We have lost over 13,000 jobs in the and I sure hope we don’t pass it, but his And I have heard it in my other two energy industry in south Louisiana in package not only raises taxes on Amer- committees. I’ve heard that from Dem- the past year specifically because of ican energy. That same tax increase ocrat after Democrat. I know the gen- President Obama’s policies that have doesn’t apply to the drilling in Brazil tleman is on the Energy and Commerce shut those areas down. It has literally or in Saudi Arabia or some of these Committee, and the question I wanted run thousands of jobs, 13,000 by the other Middle Eastern countries that to ask Mr. SCALISE is, Have you heard White House’s estimates—we think the use that money to do things that are in that committee, one of our eight number is much higher, but I will just counterproductive not only to Amer- committees—one of the most impor- use the White House’s numbers—13,000 ican energy security, but our homeland tant committees dealing with energy people in this country who have lost security. production—have you heard that same

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6666 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 mantra from our Democrats on Energy similar solutions. I think American a determination or solution to that and Commerce? Has it been jobs that people want as many solutions as pos- case within 180 days, and that if the we need to be focusing upon? sible. But at least we’re finally putting district court ruling was appealed, that Mr. SCALISE. I appreciate the gen- solutions on the table to say, Mr. it would go to the Supreme Court and tleman yielding. This mantra that’s President, your plan might be to raise the Supreme Court would have a ruling thrown out there, frankly, for over 2 taxes on American energy and raise the within another 180 days. It would also years now, yourself, myself, we’ve been price of gas at the pump. We’ve got a allow some relief from the frivolous clamoring for policies that actually different approach. The House Repub- lawsuits by allowing the prevailing create jobs. And then when we bring licans here, and hopefully Senators, party to be able to seek legal fees and forward legislation, actual bills—not to will understand and push this issue. other expenses under the Act. This is run up the deficit like our colleagues But our approach is to lower gas prices the kind of bill that we need to pass. on the other side, not to run more jobs by increasing the supply here in Amer- I’ve been asking Members of Congress out of our country like our colleagues ica so that we’re energy secure, we to cosponsor this because we need to on the other side—but when we actu- don’t have to rely on these Middle pass this kind of legislation. ally bring bills to say, Stop the mad- Eastern countries, and we don’t have We hear from our colleagues, Let’s ness, change these policies and bring to send our jobs and billions of dollars stop the subsidies to the big oil compa- that work back to America, create to those Middle Eastern countries, nies with all their billions of dollars of those jobs here, bring in that revenue which jeopardize our security here at profits. I would like to stop subsidies here, they actually criticize us and say home, which as a member of the Home- to everything, including ethanol, which that has nothing to do with jobs. land Security I know you know about Well, it shows, first of all, that very well, too. has not made sense. I’m a good south- they’re out of touch. They don’t under- Mr. BROUN of Georgia. Absolutely. ern boy. I love my grits and cornbread. stand how job creation works in this In fact, I’m not a good lawyer—I’m not And it makes no sense to me to drive country. But they also, obviously, even a lawyer. I’m a medical doctor, as down the road burning up my grits and haven’t been tracking the history; the gentleman knows. In law school cornbread in my Yukon. It’s destroying tracking exactly what’s happening all they teach you not to ask a question if engines, it’s destroying food prices, it’s across America, but especially in using you don’t know what the answer is. destroying jobs here in this country. the areas around southeast Louisiana And I didn’t know what your answer We need to stop all of this. We need to as the prime example. You don’t have was going to be, but I felt sure you start developing our own energy re- to go any further than to go down to were going to answer the way you did, sources. south Louisiana and you’ll see the job for the simple reason that we hear our Mr. Speaker, what can the American losses that have occurred because of colleagues on the other side, the Demo- people do? What American people can this administration’s policies which crats, keep talking about wanting to do is contact their Members of the Sen- have, one, shut off American energy create jobs. But their policies are de- ate and the House and demand that we production, which have led to higher stroying jobs—American jobs, private start producing American energy. gas prices, but also run thousands of pay jobs. Their policies are developing America is not secure as a Nation be- high-paying jobs out of America. We’ve bigger jobs, bigger government here in cause we’re not energy secure. We’ve tracked those rigs, those deepwater Washington, D.C., so much so that the got to start developing our own energy rigs, which each of them is about a bil- only city in this country that real es- resources here in America. All of them. lion-dollar asset. So you have got an tate prices have not gone down is We need to have an all-of-the-above en- American employer that said, You Washington, D.C. They’ve gone up. ergy policy. It’s up to the American know what; I can’t even do business in Why? Because this administration, people to demand that from their Mem- America any more with my billion-dol- NANCY PELOSI, HARRY REID, and their bers of the House as well as the Senate. lar asset. I’ve got to move it some- colleagues in the House and the Senate Former U.S. Senator Everett Dirksen where else; to a foreign country. One of in the 111th Congress are creating big- one time said when he feels the heat, those rigs went to Egypt. I think we all ger government, more regulations, he sees the light. The American people know what’s going on in Egypt right more taxes, more attacks on jobs in absolutely must contact their Senators now. the private sector, more attacks on and Congressmen to say: We need Isn’t it a sad indictment on this ad- small businesses, and it’s creating a American energy. We’ve got to start ministration’s failed energy policy that bigger government. Thus, higher real developing our own energy resources— an American employer would say I estate prices here in Washington be- all of the American energy resources— think it’s better to do business with cause we’ve created government jobs. coal, oil, natural gas, wind, solar, nu- my billion-dollar asset, to bring that They claim about all the jobs created clear energy. Every single energy re- asset over to Egypt and take the with the stimulus bill, et cetera, but source. It’s absolutely critical. It’s chances over there because of how bad it’s government jobs is pretty much critical for us to lower the cost of the environment is business-wise in what we’re creating. America. By the way, that one rig—and We’ve got another problem. In fact, I American energy, lower the cost of gro- there are multiple rigs that have left introduced H.R. 1032, the RELIEF Act, ceries in the grocery store and in res- our country—that one rig that went to because we have excessive and frivo- taurants, lower the cost of all goods Egypt is representing about a thousand lous lawsuits against our own energy and services by lowering the cost of en- high-paying jobs that are no longer production and it has significantly de- ergy production, make us secure as a here in America, that are no longer layed and in many cases prevented our Nation. It’s up to the American people here in America, that are now in energy resources from reaching the to demand it from your Member of Egypt. I think that’s a shame. It shows American marketplace. H.R. 1032, the Congress, from both your U.S. Senators the failure of this administration’s RELIEF Act, doesn’t stop people from as well as U.S. House Member. If we get policies and it’s the reason why—one of having their day in court. But what it enough heat upon Members of Con- the few, but an absolute reason why— would do is it would allow the environ- gress, particularly heat upon our American families all across this coun- mental wackos that are trying to stop Democratic colleagues in the House as try are paying higher gas prices at the energy production here in this country well as our Democratic colleagues in pump. And there’s no reason for it. We from having this endless plethora of the Senate, as well as the Obama ad- can reverse it. We need to reverse it. lawsuits that stop the permitting and ministration, we can be a secure Na- I’m glad your committee passed leg- stop the production. tion, we can be energy independent. We islation that we’ll be voting on tomor- What it would do is it would require must. And it’s up to the American peo- row. I know in our Committee on En- that all lawsuits be filed within 60 days ple to demand it. ergy and Commerce we’re working on and that the courts would have to have I yield back the balance of my time.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6667 REPORT ON RESOLUTION PRO- And what we have suggested, that back in 1993, our Embassies in Nairobi, VIDING FOR CONSIDERATION OF when these bills come to the floor, they Kenya, and Dar es Salaam, Tanzania, H.R. 1229, PUTTING THE GULF OF be amended so that the recommenda- the USS Cole and the Twin Towers on MEXICO BACK TO WORK ACT, tions made by the commission that September 11, last Sunday’s events AND PROVIDING FOR CONSIDER- studied the blowout on the BP plat- serve as a modicum of closure for many ATION OF H.R. 1230, RESTARTING form, that those safety recommenda- Americans and should be a reminder to AMERICAN OFFSHORE LEASING tions be put into the law. I guess that’s those who wish to do us harm that NOW ACT not such a bad idea, but I want to just America does not waver in the pursuit Mr. BISHOP of Utah (during the Spe- get that out here just so we have some of justice. understanding about what was dis- cial Order of Mr. BROUN of Georgia), God bless the brave men and women, cussed over this last hour. from the Committee on Rules, sub- and their families, who work every day But what I really want to do—and I mitted a privileged report (Rept. No. to protect our Nation and its people. see my colleague from South Carolina 112–73) on the resolution (H. Res. 245) Before closing, I want to also thank (Mr. CLYBURN) here—is focus on an ex- CIA Director Leon Panetta and all the providing for consideration of the bill traordinary and extremely important (H.R. 1229) to amend the Outer Conti- unsung heroes in our intelligence com- event that took place on Sunday, munity who do their work anony- nental Shelf Lands Act to facilitate the American time, and Monday, Pakistani safe and timely production of Amer- mously and seldom receive deserved ac- time. The United States persevered for colades. Their families sacrifice im- ican energy resources from the Gulf of a decade to get Osama bin Laden. The Mexico, and providing for consider- mensely so that they can serve our President of the United States, Barack country. ation of the bill (H.R. 1230) to require Obama, was determined during his the Secretary of the Interior to con- God bless the United States of Amer- campaign for Presidency and in the ica. Thank you. duct certain offshore oil and gas lease very first moments of his Presidency sales, and for other purposes, which Mr. GARAMENDI. Thank you very that he would focus like a laser beam much, Mr. CLYBURN, for your heartfelt was referred to the House Calendar and on getting Osama bin Laden. It took ordered to be printed. and very, very appropriate words. some time. It took an extraordinary ef- The mission that was carried out was f fort by the intelligence community, by not something that came about just in b 1830 the military, by this Congress in pro- a matter of days. It had been planned viding the necessary support and by over the course of many, many years, JUSTICE IS SERVED: THE DEATH our colleagues in other branches of OF OSAMA BIN LADEN and, with determination, the intel- government to get the job done. It was ligence community, led by most re- The SPEAKER pro tempore. Under accomplished, and finally that banner cently Mr. Panetta, worked tirelessly the Speaker’s announced policy of Jan- on that aircraft carrier has real mean- to track down Osama bin Laden. It uary 5, 2011, the gentleman from Cali- ing—Mission Accomplished. took a great deal of time and many, Mission Accomplished. Osama bin fornia (Mr. GARAMENDI) is recognized many years but ultimately succeeded Laden is no more. The man that was for 60 minutes as the designee of the in ways that the news media is now be- responsible for the biggest mass mur- minority leader. ginning to report. We can only give der ever in this Nation’s history is no Mr. GARAMENDI. Thank you very thanks and congratulations to that more. President Obama, we thank you. much, Mr. Speaker. part of this mission and their deter- I want to really focus today on an ex- We thank the men and women of this military and the intelligence commu- mination and steadfastness to stay on traordinary event that took place on the track, to follow every lead and to Sunday, that is, American time, but nity that made this happen. We applaud the courage of all that were in- find every stone that needed to be before I do that, I just want to take a turned over so that ultimately success couple of minutes having sat here lis- volved and the wisdom and the determination to get the mission accom- could be had in locating Osama bin tening to the last 45 minutes on energy Laden. policy, just a couple of things. plished. Let me now turn to our colleague I think we all now know a great deal The President is not suggesting that more about Abbottabad and what it is, we raise taxes on fuel but that we from South Carolina (Mr. CLYBURN). Mr. CLYBURN. Thank you so much. a community, not large, but what was eliminate subsidies to the oil industry Thank you for yielding me the time. this strange new compound doing in that has received, for a century, Amer- Mr. Speaker, I rise to commend and that particular location? We found out ican taxpayers’ support, and those sub- give thanks to all those who played precisely what it was doing and we sidies are no longer needed given the roles in the operation that resulted in took the steps necessary. extraordinary profits that they are the death of Osama bin Laden. I think all of us have seen pictures of making. We ought to also consider that First and foremost, President Obama the Situation Room at the White last year, ExxonMobil paid zero Fed- who came into office determined to House, with American leaders sur- eral income tax, yet they had billions, renew the focus on Osama bin Laden, rounding a table, looking at the tele- about $11 billion, of profit. and he has delivered. His gutsy deci- vision screens, watching in real time The second point, the oil production sion to proceed with the raid as he did, what was going on half the world away. in the Gulf of Mexico is up this year as opposed to striking the compound I think all of us could see the concern compared to the previous year, and from the air, will go down in history as on the faces of those leaders, the Presi- even though there is more production one of the great Presidential decisions dent, the Secretary of State, Mr. Pa- of oil out of the Gulf of Mexico, we’ve of all time. netta and others who were there who still seen this spike in gasoline prices. Next, the Navy SEALs who carried had spent their previous hours pre- So the notion that somehow more drill- out the mission. Their unparalleled paring for the mission and making a ing in the Gulf of Mexico will drive courage, dedication, and physical and very difficult decision. prices down is just not the case, be- mental strength are truly awe inspir- b 1840 cause we’ve seen more production and ing and were crucial for the success of yet a spike in prices. the operation. They knew that this was an ex- Finally, with regard to the bills that We have been trying to eliminate the tremely risky program that could quite were just announced during the middle threat to our homeland since 1993, and possibly fail, and I’m sure they had the of this discussion about drilling in the the effort has continued unabated as failure of the mission that President Gulf of Mexico, the Democratic Party the White House and the Congress have Carter ordered three decades before to wants to make sure that that drilling switched hands several times. go into Iran to rescue the hostages, I’m is done safely; the President wants to While nothing can bring back the sure that weighed heavily on their make sure that drilling is done safely. lives lost in the World Trade Center minds.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6668 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 But nevertheless, the President made Mrs. DAVIS of California. Yes, it a ‘‘B.’’ We could take a share of that a very, very courageous decision to ac- was. money, a share of those billions, redi- cept the risk of failure and quite pos- Mr. GARAMENDI. So what we have rect it to the United States to better sibly to succeed in finally dealing with here is another way in which the Amer- protect Americans right here at home, the mass murderer Osama bin Laden. ican Armed Forces, in the many dif- invest that money in homeland secu- We must keep in mind that it wasn’t ferent ways, in the case that you rity, for sound intelligence, to better just Americans who were murdered talked about, the role of the Special protect our borders, and also to support here on the shores of this Nation, but Forces, the special operations, and the our first responders. And what I’m in Pakistan and in other countries SEALs that actually participated, car- talking about is our local police offi- around the world, al Qaeda murdered ried out the mission, and the aircraft cers, our local firefighters, our emer- far more people in those countries. carrier, and then in between the Air gency medical providers. They need re- I notice now that I’m joined here by Force and the Army, all of them play- sources now because State and local my colleagues. I’d like to turn to my ing a role. It’s an extraordinary exam- governments really don’t have the colleague from San Diego. SUSAN, if ple of the way in which military power, money to properly fund those oper- you would care to join us, thank you. properly focused on a very important ations. They need money. They need Mrs. DAVIS of California. Thank task, is able to carry it out. our support because our local police you. I’m delighted to join you, and I Mrs. DAVIS of California. Yes. and fire, that’s our first line of defense want to thank you so much for taking I think the other thing that we real- against terrorism here in the United this time today. ize, and those of us in San Diego are so States. Let’s return some of that We know that the events that oc- aware of our Navy, but all the other money here to protect Americans in curred just a few days ago were really agencies that work well together, the homeland, because it’s American the result of multiple government that’s important. And over the years it tax dollars in the first place that we’re agencies working together over a num- hasn’t always been that way at the spending in Afghanistan. ber of years, but today, at this time, I level that it is today, and I think Similarly, we spend billions of dol- want to rise to honor one of our Na- that’s why they were so successful. And lars in economic assistance to help re- tion’s finest fighting forces, our Navy as we’ve had an opportunity to read build Afghanistan. I am not taking SEALs. newspapers throughout this country great issue with that, but we could My district is home to Coronado, and to have some opportunity as well take a portion of that money to help which houses both the Coronado Naval to speak to the people who were key in rebuild our cities, rebuild our manufac- Amphibious Base, where all SEALs un- carrying out this operation, that’s turing capacity, repair our roads and dergo basic training, as well as the something that they’re very proud of, bridges, build industrial parks and new Naval Special Warfare Command; and that the communication, that the—we schools. We’re doing all of this right over the years, I’ve had the pleasure of use the word ‘‘synergy’’ a lot, but peo- now in Afghanistan. We can do more of meeting these brave young SEALs who ple came together on many different that right here at home for Americans. are willing to do a job that most of us levels and, quite honestly, it’s some- So I want to thank, again, the Obama would rather not even imagine, and, thing that probably would not have administration for a job well done, tak- quite frankly, we can hardly imagine been possible quite a number of years ing out our number one public enemy. many of the things that they’re asked ago, but it is today. And I think that This now provides us an opportunity to reassess how we’re spending our money to do. And, you know, the most amaz- it’s something I hope that our enemy is overseas, especially in Afghanistan, to ing thing to me is they do this job so paying attention to because we are a redirect more of those funds right here quietly. They really don’t talk about lot abler, a lot more smart, a lot more at home because Americans, we need their work, but you can see it often on capable of carrying out these kinds of it. It’s our money in the first place. their faces and the fact that they are activities, and it should make those We can create jobs if we invest some very proud of what they do and they who want to do us harm think twice. of that in manufacturing, invest some are very proud to be Americans. Mr. GARAMENDI. Absolutely cor- of that in cities like the city of Detroit These men ask nothing in return for rect, and I thank you so very much for which are the basis of our manufac- the work that they do, a quality that I your participation tonight in honoring turing capacity, those types of indus- certainly admire in them, not only and congratulating President Obama trial cities all around the country. And among our Special Forces but among and the special operations and the we know we need the industrial parks our brave men and women in uniform American intelligence community for and schools. across the services. what they were able to accomplish. Fi- Afghanistan, yes, we’re rebuilding So I rise to say a very big and grate- nally, mission accomplished. that infrastructure there. Let’s do the ful thank you. You ably and swiftly re- I’d like now to turn to our new col- same thing. Let’s do more of that right moved one of the most heinous crimi- league just a little less experienced here in the United States. That’s how nals this world has ever seen, and I than myself, Mr. CLARKE from the we can help all of us make it in Amer- simply want to say thank you to our State of Michigan and the city of De- ica, and that makes the world a better SEALs for a job very well done, and troit. place to live. I’m very proud to represent you. Hoo- Mr. CLARKE of Michigan. Thank yah. you, Representative GARAMENDI. b 1850 Thank you. I, too, want to commend the Obama Finally, the real homeland security Mr. GARAMENDI. Thank you very administration, our military forces, comes from within. When you take much, Representative DAVIS. I share the national security and intelligence care of Americans and you make Amer- your enthusiasm. Not too long ago, I team for mission accomplished by tak- ica stronger, that’s the best way to also represented San Diego but in a dif- ing out America’s public enemy num- fight off terrorists. The best way to de- ferent role, not as a Representative but ber one, Osama bin Laden. And while I fend ourselves against a threat that as Lieutenant Governor. believe it’s important that we continue comes from overseas is to make sure Indeed, Coronado is an extraordinary to work to eliminate terrorist breeding that we are as strong as possible right place, and the naval forces that are grounds and safe havens for terrorism here at home. Let’s return some of that such a prominent part of San Diego did that exist in foreign countries, because money to help serve Americans be- play a role in this in many, many bin Laden is now gone, this is the time cause, again, it’s American tax dollars ways. I was trying to recall whether to reassess our mission in Afghanistan. in the first place. I appreciate you giv- the aircraft carrier that ultimately did For example, we’ve been spending in ing me this opportunity to speak on the final burial at sea was stationed in recent years in total military and ci- these issues. San Diego. I think it was a San Diego vilian aid to Afghanistan approxi- Mr. GARAMENDI. Thank you very aircraft carrier. mately $100 billion. That’s billion with much, Mr. CLARKE.

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6669 Your concern about the economy of nearly a decade ago, our goal was to others here in the United States. We Detroit and, in a larger sense, the econ- bring to justice bin Laden and other al know that the reach of al Qaeda is not omy of the United States is very, very Qaeda leaders that were responsible for just Afghanistan, Iraq, Pakistan. It in- well founded. There is no doubt that the attacks. It’s worth noting that the cludes Yemen and Somalia and other the economic and social strength of senior most al Qaeda leaders have been countries and America, that there are America is the foundation upon which captured or killed not in Afghanistan Americans that have been radicalized every other aspect of the war on ter- but in Pakistan. That fact only rein- by the message. We need to deal with rorism must be fought. We have to deal forces my conviction that the time has that and address those individuals and with our economy. And you’re quite come for the United States to begin a organizations that may exist within correct about the allocation of re- swift and orderly withdrawal of our our own country. sources. combat forces from Afghanistan, and I Mr. HOLT. If the gentleman would I notice that New Jersey and RUSH hope the President will heed the call of yield, I will add one more comment HOLT, who has been a stalwart in deal- people all over the country and, I which is, I hope that this will bring the ing with the policies of protecting would say, all over the world to do pre- world closer together. The recognition America in many ways, energy policy cisely that. that the killings, the evil worked by and the rest, has joined us. Mr. HOLT, if As we celebrate the courage and the this man affected many thousands— you would care to join in and share work of the Special Forces, we must really, hundreds of thousands around your thoughts on this most important also talk about the intelligence serv- the world. I’m sure many of these peo- event, the elimination of the world’s ices, where they combine enormous ple are grateful to families of those greatest mass murderer. skill and brain power and perseverance who have been killed in other coun- Mr. HOLT. Thank you, Representa- and, yes, courage. They are frequently tries, and so forth, are grateful for the tive GARAMENDI, and thanks for setting only one intelligence leak away from actions of these brave Americans. But I aside some time tonight to recognize losing all their work or sometimes hope that what this does is bring the this work by some great patriots. When their lives. countries of the world and the peoples I heard the news on Sunday, my The fact that this has taken more of the world more closely together in thoughts turned immediately to those than a dozen years since the bombing fighting such evil. harmed by bin Laden’s vicious attacks of the embassies to track down bin Mr. GARAMENDI. If I might take it on our embassies, our ships, planes, the Laden and his evil operations empha- from there, you reminded me that in World Trade Center, the Pentagon, and sizes the need for full reliable coopera- the newspapers here in Washington and the many thousands of deaths caused tion with other countries, not inter- I think across this Nation, there was by the havoc he sewed. Our hearts go mittent sometime cooperation. It what we call an op-ed, an article that out to those families. should have been, America would have appeared on the editorial pages written Certainly in central New Jersey, we wanted, the world would have wanted by the President of Pakistan who con- lost hundreds and hundreds of people that this be completed sooner. So we gratulated President Obama and the on September 11, but we mustn’t forget need that international cooperation. United States for ridding Pakistan of a those who died in the embassies a cou- This demonstrates it. terrible problem. ple of years before that, those who died As Mr. CLARKE, our colleague, points b 1900 in the wars that followed. Middletown, out though, the day-to-day protection New Jersey, lost more people on Sep- of Americans won’t be done by Special I thought that that was a remarkable tember 11 than any other single town, Forces. It will be done by courageous article that he wrote. He noted that his except New York City. They went off Americans who do the right thing day own wife was the target of al Qaeda, to work, not understanding that this in and day out, our local first respond- not once, not twice, but three times. evil was at play, that Mr. Bin Laden ers, the investigators. That’s how The final effort resulted in her assas- was plotting just the most dastardly most—in fact, nearly all of the poten- sination. thing that you can imagine. tial terrorist attacks that have been So the point that you made about America’s military and intelligence beaten, undone, have been uncovered. bringing all of us closer together to services demonstrated why they are So this is sobering to think about deal with terrorism, wherever it may known as the best in the world. Bin what we have in front of us yet, but we be, and whatever rationale it may per- Laden’s removal was of course not im- know we have good people working on ceive itself to have, is a threat to every mediately the end of the threat of ter- it. We saw that this past week, and we peaceful person and every country that rorism against the United States, but celebrate them and congratulate them desires peace. Point well made and well his death represents a crippling blow to and our leaders for carrying it out. taken, Mr. HOLT. Thank you so very the organization responsible for these Mr. GARAMENDI. Mr. HOLT, thank much for joining us this evening. many attacks over the last 13 years. It you very much. You’re welcome to stick around and really is appropriate that we congratu- A couple of things about your discus- join us after we hear from my col- late President Obama and the dedi- sion really struck me as being very, league from the State of California, cated and brave members of our mili- very important. You reminded us of LOIS CAPPS, who represents the Santa tary and intelligence services for act- the men and women that died not only Barbara region of the Golden State. ing as they did. on September 11, the impact on the Mrs. CAPPS. Thank you, Mr. The President showed that he under- community that you represent there in GARAMENDI, for yielding me time and stands intelligence efforts and military New Jersey, and other communities for organizing us to have this conversa- operations, and the Special Forces but also the fact that men and women tion and this opportunity to pay trib- showed that they have skills and equip- died in the previous attacks that were ute this evening. ment like no others. The hunt for sponsored and planned by al Qaeda. I rise, like my colleagues have risen, Zawahiri and other al Qaeda leaders You also reminded us that there were to commend the many people involved will continue. I suspect that the infor- men and women not of this country but in bringing Osama bin Laden to justice. mation gathered in the assault on bin of other countries, Kenya, Tanzania, From all accounts, and from what we Laden this week will speed that search. Iraq, Pakistan, and other countries, heard from Director Panetta yester- I spent a number of years on the Intel- that were also the victims of the vi- day, it was a meticulously planned and ligence Committee here in the Con- cious evil attacks that were planned executed operation. I commend the gress and learned a great deal about and carried out by al Qaeda. President and his national security the dedication and skills of these peo- It’s not just Americans that were the team for their focus. ple that work behind the scenes. targets of this organization. And you When the President was running for When the United States began its also reminded us of the importance of office, he said that if he were presented military campaign in Afghanistan our own first responders and police and with actionable intelligence on al

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6670 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 Qaeda’s leaders, that he would act, But, Mr. Speaker, my main reason them for the service that they have with or without the host country’s per- for wanting to contribute and add to given and do give to us. Thank them mission or assistance. He got some this discussion this evening is what I for carrying out their duty to serve heat on that commitment, if you’ll re- feel is our important duty to pay trib- their fellow citizens every single day, member, my colleague, but it’s clear he ute to these Navy SEALs who pulled and thank them also for calling to was correct. off this operation and to thank them. mind for us that they do this, not as The result is that the perpetrator of We don’t know their names. We don’t Democrats or Republicans. They do the 9/11 attacks has now been brought want to reveal their identities for the this in service to their country. to justice and the organization he has safety of their families. But these And I believe that this action, such led has been further weakened. brave individuals serve, not for fame, as we came together in 9/11, calls for us And I am so grateful to our colleague not for fortune. They do it in some of to join together in this Congress and in from New Jersey (Mr. HOLT) for calling the most dangerous situations imag- this country in a call to unity to re- to mind, again, as all of us felt as we inable. They do this service for us to dedicate ourselves to serving our coun- heard the news of Osama bin Laden’s protect our freedoms. They do it as try. demise. We were immediately, at least they did this past weekend and on so We have many pressing challenges I was, as well, reminded again of that many countless other occasions to today. Our involvement in Afghanistan awful day, 9/11 and the image, where we keep our country safe. While we sleep, is one of them, and it’s a major one, were when we heard the news, how we they are on watch. And for that, we and in Iraq as well. But we have our were riveted to watching the horror owe them such a huge debt of grati- own homeland with our economic unfold, explode in D.C., at the Pen- tude. struggles that calls for us to work to- tagon, and New York City and in Finally, I believe that all Americans gether as well. Shanksville, Pennsylvania. are rightly impressed and grateful by So your desire to bring us together, And I acknowledge that this was clo- the tireless work done every day by Mr. GARAMENDI, makes me think about sure for those families who have suf- members of our intelligence and our a great many things and, again, to say fered and continue to suffer, and a good military communities. Indeed, it was how grateful I am that we have taken thing that they have seen this person, that relentless hard work that tracked this important step in our war for free- this evil man brought to justice. But it down bin Laden and countless others of dom, against al Qaeda, but for freedom doesn’t lessen their sorrow and their his ilk. The dedication, the sacrifice of and for this life that we can enjoy in loss, and we’re mindful of that. And it these men and women and that of their this country. comes back again to remind us that we families have been so critical to keep- b 1910 have not, by any stretch, ended the ing our country safe. It is a duty that’s threat of terrorism, and we must re- been particularly heavy in the days Mr. GARAMENDI. Representative main vigilant. since 9/11. CAPPS, thank you for your words. As Mr. HOLT talks about all of the New It’s easy for us to go about our life you were talking, you were talking Jerseyans who lost their lives that day. and to resume our normal ways of liv- about families. I remember a discus- And it was concentrated in our metro- ing, but not for them and not for their sion you and I had just a couple hours politan areas surrounding New York families. And now, as this has oc- ago as we were sitting here in the City. But these were trans-country curred, we really want to call to mind Chamber and you told me about the flights, and some of the passengers all those who serve our country, at birth of your granddaughter. were bound for the west coast, and home and abroad in the military, wear- Mrs. CAPPS. Grandson. Little Oscar some of them were my constituents as ing the uniform for love of country, for Walter. But you are absolutely right. well as, I don’t know about Mr. their patriotism. And we owe them so Mr. GARAMENDI. Congratulations GARAMENDI, but others in California I much. Their service in Iraq and in Af- on that. Our own tenth grandchild was know, lost their lives and those fami- ghanistan, whether we agree with the born just 8 months ago. And I was lies are still grieving. So my heart goes engagement or not, they are serving thinking about them in the context of out to them this evening. their country. And this has been noth- what has happened this last week and But I want to acknowledge also the ing short of amazing. about what we here in Congress, the comments and the contribution from I think of my own naval base, Ven- people’s House, representing 350 mil- our colleague from Detroit, HANSEN tura County, where the Seabees ship lion, 360 million Americans, about the CLARKE, who acknowledges for us all, from, and the work that they have task that we have to assure that those which I am very mindful of, that our done and continue to do reconstructing children of the next generation will need to remain vigilant includes our the war-torn areas and assisting the have a world that is peaceful, safe, in homeland security. And that goes im- folks in Iraq and Afghanistan and re- which they can live out their dreams as mediately to the role that our first rebuilding their lives. we have been fortunate enough to do sponders play, and the responsibility I think of the Air Force base at ourselves. that we have in this body to make sure Vandenburg, which I’m also privileged I notice that an extraordinary that our front line defense in our cit- to represent, where so much of this in- woman like yourself, Mrs. CAPPS, has ies, in our rural areas, in our vulner- telligence comes from as our oper- joined us representing the great State able places that we’re all mindful of ations are carried out with such preci- of Texas, SHEILA JACKSON LEE. I think now with the heightened security, be- sion and such skill. The multiple tours you would like to make some com- cause we know that this event that of duty, the extended tours, the time ments on the subject of the extraor- happened just so recently is going to away from family and friends, the dan- dinary courage that our President and have some kind of effect, and we need ger that goes along with every deploy- our intelligence and our military have to be even more on guard. ment. These burdens are, quite frankly, displayed this last few days. But every day we want and need our something that most of us don’t think Ms. JACKSON LEE of Texas. I thank first responders to be there in our about enough. So much of what these the distinguished gentleman from Cali- homes guarding our streets and guard- brave men and women do goes unno- fornia, and would say to him what a ing our communities and making sure ticed and uncommented upon. contributor he has been to really im- that we’re safe. And we have a respon- So, tonight, as we pay tribute to the proving the lives of all Americans. I sibility to see that they have the re- courageous Navy SEALs who stormed have enjoyed coming to the floor and sources to do that. that compound in Pakistan, I want us engaging in important discussions on On the other hand, disrupting the op- all to recognize the daily sacrifices of behalf of our colleagues. Really, we are erations of this murderous group is all of their brothers and sisters in speaking to our colleagues. And we such an important step to safeguarding arms, in the intelligence communities hope that all of those that are rep- our country. and serving in uniform. Let us thank resented by the many colleagues here

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6671 would realize, when we are on the floor, floor of the House. I am hoping that we Navy SEALs, and all of the courageous men we are trying to help set policy to im- will be able to do it in a bipartisan and women of the armed forces and intel- prove the lives of Americans. manner. I have introduced H. Res. 240 ligence agencies that contributed to the suc- We traveled just 2 or 3 days ago to with 50 Members of Congress now join- cessful implementation of the mission that led another exciting venture, and that was ing in and asking for what might be a to the death of Osama bin Laden. I would also of course the set time for Endeavor to waiver this one time to allow us on like to congratulate President Obama on his launch into space. And I think it con- this historic opportunity to debate on successful policies on the war on terror and in nects very well. I enjoyed meeting your the floor of the House as our friends homeland security. wife and having discussions about how have in the other body. President Obama’s leadership, resolve, and great America is, and as well knowing But even as we speak tonight, and I perseverance led to the killing of Osama bin that our dear friend and colleague was want to thank our leader Congress- Laden, the man and symbol of evil behind the able to travel, Congresswoman GIF- woman PELOSI for having the insight September 11 terrorist attacks. FORDS, and that a Texan, her husband, knowing that Members wanted to come The death of Osama bin Laden has been a was going to be the commander of En- and to express themselves. So let me crowning moment in our Nation’s war against deavor. We looked forward to it going. just quickly say these words as I come terrorism and has sent a clear and significant But I mention that because of course to a close. message to terrorists around the world that many of the astronauts are military I like this comment. ‘‘The world is the United States will not cease in our pursuit personnel. And I could imagine when safer without bin Laden,’’ says Obama. of justice for those terrorists who seek to do President Kennedy challenged us to go President Obama. And then this other harm to this Nation and its citizens. into space, into outer space, which comment that I think is so very impor- Following the death of Osama bin Laden, seems like a fiction but was real, no tant speaking about this Nation and the family and friends who lost loved ones in later than 1969 we landed on the Moon. recognizing how we have never given the terrorist attacks on September 11 are able This is a great country, and we have up, the President has indicated that to achieve a greater sense of comfort and clo- the ability to be resilient and per- this is a country that is continuously sure. sistent. resilient. And as we are resilient even After months of meetings with the National As all of us reflect on where we were in the face of obstacles and the contin- Security Council and intelligence officials, led on 9/11, and I know that you could say ued threat from the USS Cole that hap- by President Obama who directed intelligence where you were. We were right in this pened, from the bombing in Africa, the officials to zero in on Osama bin Laden’s place. We were meeting and huddled embassies that were bombed, all of whereabouts, intelligence officials devised and around issues. I remember it as clear as those incidents, and we never gave up. carried out a clandestine operation which had day. Small Business. We were not on And it is important for America to frequently been rehearsed in an effort to mini- the floor, but we were huddled in a know that there were voices who op- mize casualties, both civilian and military. room right underneath this Chamber posed decisions that were made. And As Commander-in-Chief, President Obama discussing how do we help small busi- not in any way to be negative, but they gave the final authorization to commence the nesses. And all of a sudden we heard doubted what was being presented. operation to capture or kill the most wanted such a sound, such a shrill, ‘‘Get out of This was not an easy decision. This was terrorist in a manner that would provide proof here.’’ It was something we had never a courageous decision. This could have that the right man was captured or killed. heard before. The highly trained and brave members of But I say that only that you would been a calamity. This could have been have thought in that experience, a 21st the worst decision that anyone ever the Navy SEAL Team and intelligence officials century experience, that America made. But, fortunately, there was a that entered the compound did so under the would have been brought to her knees. President who had a team who came highest levels of patriotism and service to the That was the intent. It was to put us in together. And on behalf of the Amer- United States of America, and they were suc- such panic and such intense depression ican people they acted bravely, coura- cessfully able to identify and kill Osama bin that we can never rise again. And geously with sensitivity, astuteness, Laden with no military losses and minimal ci- many of us who have flown into New talent, genius. And I am so very proud vilian casualties. York over the years always remember to stand on the floor today to offer to Upon hearing the news of Osama bin the very special view of the two towers. the American public my outpouring of Laden’s death, there was an incredible out- So come now almost 10 years later, congratulations to each and every one. pouring of unity and defiance of the terrorists 2011, and as each President talked I close with this. I don’t know all of who still seek to destroy our free way of life, about making sure that they would the facts, but I understand that one of and there was an impressive show of unity find Osama bin Laden, even as Presi- those actors, one of those military per- amongst lawmakers regardless of party affili- dent Clinton experienced the first sonnel may have been the child of an ation. World Trade towers bombing in 1993 immigrant family, a recent immigrant President Bill Clinton led the Nation during and he responded, and even as Presi- family. How great it is to be able to the terrorists’ attacks on the USS Cole, United dent Bush made the comment of going take those young people who love this States embassies, and the first attack on the to get him, we are so grateful that in country and let them serve this coun- World Trade Center and President George W. all of those disappointments of not try. Bush led the Nation during the September 11 finding Osama bin Laden, that America Mr. President, in finality, never give terrorist attacks, and both leaders pledged to never gave up. up, never give in, and never give out. defend freedom and seek justice for the hor- So today I am delighted to join you You are serving the American people, rendous attacks on the United States of Amer- to salute and honor all of the prin- and as Commander in Chief we salute ica, and President Obama had the strength cipals that were involved: President you. and wherewithal to see that pledge through to Barack Obama, his national security To all of those who worked, the mili- fulfillment. team, the Joint Special Operations tary, the national security team, the Osama bin Laden was the symbol and in- Command, JSOC, the Navy SEALs, and intelligence community, JSOC, Sec- spiration for terrorism which resulted in acts of all of the courageous men and women retary of State, Secretary of Defense, violence around the world. His actions resulted of the United States military as we and others not named, we thank you, in the murder of thousands of America civil- were detailed this very intricate and because we realize that you stand in ians and the men and women of the United very, very difficult and dangerous mis- the shoes of those men and women that States military. I believe that the strategic, sion, how proud we were to understand are forever brave. To their families I successful operation which led to his death the willingness of the Navy SEALs to say thank you, and to this leadership I should be commended along with the impor- sacrifice or to stand up and say, ‘‘Let say thank you. tant leadership of President Obama, who me be counted.’’ I would like to congratulate President worked with his national security team and ul- I am hoping that we will have an op- Obama, his National Security team, the Joint timately authorized this mission. Further, I portunity to debate a resolution on the Special Operations Command (JSOC), the want to honor and recognize all of the men

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00056 Fmt 0688 Sfmt 9920 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6672 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 and women of the military and the intelligence Rep. Jim Himes (CT–4) historic achievement. We all know that agencies that contributed to the successful im- Rep. David Cicilline (RI–1) the death of Osama bin Laden is not plementation of this mission. Rep. Anna Eshoo (CA–14) the end of terrorism, but it is a signifi- Rep. James Moran (VA–8) This completed mission shows the resilience Rep. Adam Smith (WA–9) cant step. It sends a clear message that of the American people and the American gov- Rep. Jim Costa (CA–20) the American people will pursue jus- ernment to find the man that caused such Rep. Alyson Schwartz (PA–13) tice. death and brutality. Now, we hope that our Rep. Joe Courtney (CT–2) I would also like to express my grati- ideals of democracy, justice, and freedom will Rep. Madeleine Bordallo (GU) tude to our former Congressman col- prevail so that peace can come to the world. Mr. GARAMENDI. Thank you very league but now Director of the CIA and BILL SUMMARY AND STATUS much, Ms. LEE. Your comments are so soon to be the Secretary of Defense, H. RES. 240 well taken and so well said. Leon Panetta. He was tasked by the Latest Title: Commending President I was thinking earlier when I was President and named by the President Barack Obama and the men and women of talking about the Situation Room and in his remarks on Sunday evening as the military and intelligence agencies for what led up to the actual moment that the person who had the responsibility the successful completion of the operation the program was being carried out, the to get the job done. that led to the death of Osama bin Laden. extraordinary and very difficult deci- Our colleague Congresswoman JACK- Sponsor: Rep Jackson Lee, Sheila [D–TX– sion that the President had to make. SON LEE has referenced the entire na- 18] (introduced 5/3/2011) Cosponsors: 40 But it was a decision that he had made tional security team, some specifically. Committees: House Armed Services; House I want to associate myself with her Intelligence (Permanent Select); House months and years earlier when he Homeland Security spoke to the American people as he was comments in that regard: the Presi- Latest Major Action: 5/3/2011 Referred to asking them for their vote to become dent’s national security team and the House committee. Status: Referred to the President that he was going to focus Special Ops team—the men and women Committee on Armed Services, and in addi- like a laser on the man that caused the in uniform and our officers in the intel- tion to the Committees on Intelligence (Per- problem; that he was going to go wher- ligence community. It is a testament manent Select), and Homeland Security, for ever it may take and do whatever is to their professionalism, their preci- a period to be subsequently determined by sion, and their talent that no American the Speaker, in each case for consideration necessary to settle the score and to of such provisions as fall within the jurisdic- bring to justice Osama bin Laden. And lives were lost in this action; but it is tion of the committee concerned. when the moment came, when the in- indicative of, again, the contribution COSPONSORS, ALPHABETICAL [*= origi- formation was presented and all of the that they and their families make to nal cosponsor]: potential disasters that could occur, help us uphold our oath of office to pro- Cosponsor Statistics: 40 current (includes international relationship issues, loss tect and defend. That’s what we take 40 original) of men, and even thinking back on the an oath of office to do. Rep Barrow, John [D–GA–12]—5/3/2011 * Jimmy Carter incident in Tehran, he We recognize that this achievement Rep Bass, Karen [D–CA–33]—5/3/2011 * was not just the goal of President Rep Berkley Shelley [D–NV–1]—5/3/2011 * stuck by his determination and com- Rep Bishop, Sanford D., Jr. [D–GA–2]—5/3/ pleted a mission that was accom- Obama’s, who said as candidate Obama 2011 * plished. and as President, If I have actionable Rep Boren, Dan [D–OK–2]—5/3/2011 * intelligence on the whereabouts of b 1920 Rep Boswell, Leonard L. [D–IA–3]—5/3/2011 * Osama bin Laden, I will act upon Rep Chandler, Ben [D–KY–6]—5/3/2011 * As you were talking and as I was lis- them—and act upon them he did. Rep Cohen, Steve [D–TN–9]—5/3/2011 * tening to your very fine presentation, I I called both former President George Rep Cuellar, Henry [D–TX–28]—5/3/2011 * noticed that an extraordinary leader W. Bush and President Clinton to Rep Cummings, Elijah E. [D–MD–7]—5/3/ had joined us here on the floor of the 2011 * thank them for their work in this re- Rep Dicks, Norman D. [D–WA–6]—5/3/2011 * House, a leader who, in her own way, gard. In the ’90s, President Clinton de- Rep Gonzalez, Charles A. [D–TX–20]—5/3/ set a very unique circumstance for clared Osama bin Laden to be Amer- 2011 * America—the very first woman Speak- ica’s ‘‘public enemy number one.’’ He Rep Hinojosa, Ruben [D–TX–15]—5/3/2011 * er of the House, who led this Chamber saw that danger long before 9/11. Then, Rep Hoyer, Steny H. [D–MD–5]—5/3/2011 * and this Nation to accomplish tasks of course, following 9/11, President Rep Jones, Walter B., Jr. [R–NC–3]—5/3/ that had not been accomplished in the Bush tried to pursue Osama bin Laden. 2011 * previous 40 years but which were high- Rep Kaptur, Marcy [D–OH–9]—5/3/2011 * Their work was important, but I am Rep Kingston, Jack [R–GA–1]—5/3/2011 * ly desired by the United States citi- here to commend President Obama in Rep Lance, Leonard [R–NJ–7]—5/3/2011 * zens: a health care plan that would pro- particular for executing the plan to get Rep Larson, John B. [D–CT–1]—5/3/2011 * vide service to nearly every American, it done in recognition of the foundation Rep Lewis, John [D–GA–5]—5/3/2011 * Wall Street reform, and women’s rights that was laid by President Clinton and Rep Lipinski, Daniel [D–IL–3]–5/3/2011 * in the workplace. It was a privilege for President Bush. Rep Loebsack, David [D–IA–2]—5/3/2011 * me to join during the time she was the When we think of the symbol of Rep Lynch, Stephen F. [D–MA–9]—5/3/2011 * Speaker. Now she is the leader of our Osama bin Laden and why bringing Rep Maloney, Carolyn B. [D–NY–14]—5/3/ 2011 * caucus, Congresswoman NANCY PELOSI. this to closure is so important, we are Rep Matheson, Jim [D–UT–2]—5/3/2011 * Ms. PELOSI. I thank the gentleman venturing onto sacred ground, 9/11—a Rep McCaul, Michael T. [R–TX–10]—5/3/ for yielding and for his very kind shocking act of terrorism that affected 2011 * words. I thank you for yielding your our country very, very deeply, but none Rep Rangel, Charles B. [D–NY–15]—5/3/2011 * Special Order that you have practically more deeply than the families who Rep Reyes, Silvestre [D–TX–16]—5/3/2011 * every night that Congress is in session were affected by 9/11. We can never Rep Richardson, Laura [D–CA–37]—5/3/2011* to talk about jobs for the American make them whole. We can never make Rep Ross Mike [D–AR–4]—5/3/2011 * people and to, instead, allow us to use Rep Ruppersberger, C. A. Dutch [D–MD– up to them all that they have lost, but 2]—5/3/2011 * this time to come to the floor to say, I hope it is some comfort to them that Rep Schmidt, Jean [R–OH–2]—5/3/2011 * ‘‘Hail to the chief. Congratulations and at least this has happened, however Rep Serrano, Jose E. [D–NY–16]—5/3/2011 * thank you, President Obama. Many of long it took. They used their grief for Rep Shuler, Heath [D–NC–1 1]– 5/3/2011 * us in Congress come together in appre- the greater good at the time by sup- Rep Smith, Adam [D–WA–9]—5/3/2011 * ciation of your leadership, your deter- porting the 9/11 Commission to inves- Rep Smith, Adrian [R–NE–3]—5/3/2011 * mination, and your commitment of re- tigate why this happened so endan- Rep Tierney, John F. [D–MA–6]—5/3/2011 * sources in the fight against Osama bin gering the lives of the American people Rep Vela´ zquez, Nydia M. [D–NY–12]—5/3/ 2011 * Laden.’’ would never happen again. Rep West, Allen B. [R–FL–22]—5/3/2011 * I am pleased to join so many of my I commend the 9/11 families for their Rep Wilson, Joe [R–SC–2]—5/3/2011 * colleagues who have come to the floor sacrifice, yes, for their patriotism, and Rep. Eleanor Holmes Norton (DC) to express their appreciation for this for what they did to make a difference

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.001 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6673 as we go into the future. Who knows? thousands of innocent Americans— D.C., on a bus trip to New Orleans with Maybe the work of the 9/11 Commission moms, dads, brothers, sisters, friends, the goal of desegregating bus termi- contributed to the success of this oper- and loved ones. Bin Laden was a threat nals. They were the first Freedom Rid- ation as well. to the United States and a threat to ers. They never made it to New Orle- I know that our time is running out, the world. He had the blood of thou- ans. They were beaten and bloodied and I just want to close, Mr. Speaker, sands of people on his hands. As we all throughout the South, but they by saying that our colleagues in the know, 9/11 changed America forever. sparked off a movement of over 400 United States Senate unanimously Over the weekend, our military and Freedom Riders with the same goal and passed a resolution to honor those who intelligence professionals took extraor- the same dogged determination and so successfully carried out this mis- dinary steps. They worked together as perseverance. Eventually our Nation sion, and I’d like to associate myself a team and killed the al Qaeda leader. repudiated segregation and embraced with the language of their resolution. It was a risky mission that was exe- equality. We persevered. It says in part: cuted with intense training and a high If we are going to shake off this eco- ‘‘The death of Osama bin Laden rep- level of skill. These professionals nomic downturn, we need to embrace resents a measure of justice and relief risked their lives to keep our country the Freedom Riders’ spirit of persever- for the families and friends of the near- safe, and no American lives were lost. ance and dogged determination. That is ly 3,000 men and women who lost their The men and women who carried out so very American. America will only lives on September 11, 2001, the men this operation exemplify the extraor- rise up again on the strength of our and women in the United States and dinary courage of those who serve our collective ideas. Americans make up around the world who have been killed Nation. The countless intelligence and America, the people make up the Na- by other al Qaeda-sponsored attacks, counterterrorism professionals who tion, and it is the people who will keep the men and women of the United had pursued bin Laden for years have this Nation great. States Armed Forces and the intel- the satisfaction of a job well done. I ap- Mr. Speaker, the U.S. House of Rep- ligence community who have sacrificed plaud them for their persistence and resentatives is the people’s House, and their lives pursuing Osama bin Laden professionalism. it is time that we listened directly to and al Qaeda.’’ b 1930 the ideas from the people. As they said, the death of Osama bin Mr. Speaker, I am inviting the Amer- Laden represents a measure of justice. It was a great day for America. Jus- tice has now been done. But let it be ican people to join in this conversa- With gratitude for this measure of jus- tion. Here is how to contact me. Here tice, I again hail to the chief, President known, we have shown the world that if you come after Americans, we will is how to talk to me. Here is how to Obama, for his great work. I thank him come after you. Even if it takes dis- talk to Congress. You can email me at and congratulate him and all who made ciplined persistence by our intelligence [email protected]. Again, that is this historic achievement possible. professionals and considerable time [email protected]. That is be- Mr. GARAMENDI. Thank you very cause I want to hear your ideas. Or you much, Congresswoman and Leader and resources, we will get you. Let that be a warning to all members of al can go to Facebook and follow me or PELOSI. I’ll say, ‘‘Speaker.’’ Is that leave a message on the wall, or go to okay? We thank you for your leader- Qaeda and any terrorists who attack the United States. Our fight against Facebook and contact me, or you can ship. We thank you for your remarks. follow me and I will follow you on We have a couple of additional mem- terrorism and those who want to harm Americans is not over, but we have se- Twitter so we can have a free exchange bers of our caucus who would like to of ideas. speak. I think we’ve claimed the next verely weakened al Qaeda. We will remain vigilant as we continue to work Mr. Speaker, I want to give credit hour. I believe that it will be available. where credit is due. You and the House We’re out of time at this point, so I tirelessly to protect our Nation. Mr. RICHMOND. Mr. Speaker, I am Republicans last year launched YouCut will simply wrap up with these three or going to start something tonight in an based on a similar idea, and I applaud four words, which are: attempt to engage more of our Amer- that again. YouCut requested that It is with gratitude that I and my Americans identify what funding they colleagues congratulate all who were ican people in the process. Mr. Speaker, I know that you know would cut from the government’s fund- involved in bringing to justice Osama that it is no secret that America is ing, and I am glad that you engaged bin Laden. A job well done. Mission ac- still emerging from the recent eco- the people. complished. nomic downturn. We still grapple with But I think we need to go further. We Thank you very much, Mr. Speaker. I high unemployment rates and our na- should and must request that Ameri- yield back the balance of my time. tional debt. We are doing better than cans share how they feel about every- f we were doing 2 years ago, but we have thing. What bills do they want us to DIALOGUE WITH THE AMERICAN to do much better, and we will do much champion, what laws do they want PEOPLE better, because we are Americans. That changed, what programs do they want The SPEAKER pro tempore (Mr. is our history. That is what we do. extended or ended. Mr. Speaker, under House rules, I, WOODALL). Under the Speaker’s an- We persevered through the Great De- nounced policy of January 5, 2011, the pression of the thirties and the depres- unfortunately, can’t directly address the American people. I must address gentleman from Louisiana (Mr. RICH- sion of the eighties and the recession of my comments to you, Mr. Speaker. MOND) is recognized for 30 minutes. yesterday. We supported one another Mr. RICHMOND. Thank you, Mr. and persevered through hurricanes, However, if I could speak directly to Speaker. through floods, through tornadoes. We the American people, I would request I would like to yield such time as he mourned together and persevered that they send me their ideas for how may consume to the gentleman from through the assassinations of John F. to keep America great. I would request Maryland (Mr. RUPPERSBERGER). Kennedy, through Robert Kennedy, and that they send me their thoughts on Mr. RUPPERSBERGER. I thank the through Martin Luther King. We per- whatever they want to talk about. gentleman for yielding. severed. In addition, I personally re- Mr. Speaker, the American people Mr. Speaker, it is an honor to serve member the attempted assassination of can, again, email me at as ranking member of the Intelligence President Reagan. I remember writing [email protected]. I will lead a Committee. The killing of Osama bin President Reagan a get well note in the conversation with the American people Laden is clearly the most monumental second grade. I even remember getting in which they will be an active partici- intelligence achievement in recent a note back saying thank you. We per- pant. I will bring your thoughts up memory. severed again. here and I will talk about them. I will Osama bin Laden was a terrorist Fifty years ago today, an interracial engage you and Congress so that people leader who was responsible for killing group of Americans left Washington, can read what you write and read your

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.002 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6674 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 ideas. I will also put your name on it. with a colonel in our Armed Forces. I The Congressional Budget Office just I don’t want the credit. I just want a was talking about this Special Order finished completing an analysis—in better country for our seniors and for and I was going back and forth with fact, they finished it in 2010—about the our children. him about his input and about ideas on effective tax rates, which are the ac- Every couple of weeks while the how to engage people. He volunteered tual average rates of taxes paid. What House is in session I will make sure to to be the first person to start the con- we’re going to look at today is the come down here and start this conversation and to pose a question. taxes on the top earners were far lower versation with America again. Al- He didn’t really have much of a com- than the top tax rates. The tax rates though it is a conversation by me alone ment, but he wanted to pose a question for the top earners in this country are right now, I would suspect that we will to the American people. And his ques- right at 35 percent of their income. get other colleagues joining in the con- tion was very simple, and it dealt with Well, when you look at it after deduc- versation as we get other Americans how big and what we do as Americans. tions—and legal deductions—and poli- joining in the conversation. So, right now I will start with his ques- cies that we set as a country, those tax But right now we are going to stop, tion, and that was: As Americans, what rates are far lower than 35 percent. and I want to talk factually for a sec- do we have, what do we want the gov- The top 10 percent of earners, rep- ond about our financial situation, and I ernment to provide, and how are we resenting approximately 12 million want to do it as nonpartisan as I can going to pay for it? households in this country, paid an av- and not lay blame on one party or one b 1940 erage tax in the neighborhood of 16.2 President. I just want to talk about percent. Now, after paying taxes, their where we are. I think that that’s a very basic ques- average income was $289,000. We can start with recent history. Ac- tion but it’s at the heart of the debate Let’s look at, now, the top 5 percent cording to the U.S. Treasury, when from Democrats and Republicans and of earners, which only represent 5.9 President Clinton took office, the na- Independents. So that’s what I think million households. They’re taking tional debt was $4.188 trillion. When that we will start tonight with, Mr. home an average post-tax, after-tax in- President George Bush took office, the Speaker, that if I could ask the Amer- come of $440,500. They’re paying an ef- debt was $5.728 trillion. When President ican people a question, I would request fective tax rate of 17.6 percent. Obama took office, the debt was $10.672 of them to tell me how they feel about So you can see that when you look at trillion. Remember, the total debt is that statement: What do we have, what 16.2 and 17.6, those numbers are far the sum of our accumulated annual do we want the government to provide, below the 35 percent that’s in statute. budget deficits, so it shows a history of and how are we going to pay for it? Now, when we get to the top 1 per- out-of-control spending. Everyone agrees that where we are cent of earners in this country, rep- So what is our current budget def- now is not where we need to be. We’re resenting only 1.2 million households, icit? Last year, the U.S. Government dealing with big issues that demand big they took home an average after-tax spent about $3.5 trillion and collected solutions. We have an aging popu- income of $1.3 million, while paying $2.1 trillion in revenue. The deficit was lation, rising health care costs, crum- only a 19 percent individual tax rate. right at $1.2 trillion. The nonpartisan bling infrastructure, and uneven edu- So they fall right at 16 percent under Congressional Budget Office estimates cational outcomes. Fortunately for us, the tax rate that’s on the books. that this fiscal year’s budget deficit America does great things. I believe Again, I’m not proposing what the will be in the neighborhood of $1.4 tril- that we can find a balanced approach numbers should be. But what we do lion. The deficit for this fiscal year is that combines some reductions in know is that the top number is 35 and projected to be higher than that of last spending on some programs, but com- the lower three numbers are 16.2, 17.6, year due to increases in mandatory bining that with increases in revenues and 19 percent as the effective tax rate. spending and less growth in revenues for those who are most able to afford it So the question to America, the ques- as a result of the temporary payroll and other policies that will promote tion to this Congress, Mr. Speaker, is: tax reduction as a part of last year’s faster economic growth, like during What is the appropriate number if bipartisan tax deal. the Clinton era. we’re going to continue to pay down So here we are, Mr. Speaker. The The current budget proposals, both the debt, stop running deficits, but at total amount of U.S. debt today is in the President’s budget and the Repub- the same time continue to take care of the neighborhood of $14 trillion and the lican budget proposed by Congressman our seniors, invest in our children, do current debt limit is $14.294 trillion. RYAN, don’t exactly get it right. They all of those things that continue to The Department of the Treasury esti- both leave room for improvement. We make this country what it is? mates that the debt will reach very have to get this right, Mr. Speaker. The next thing I’ll talk about: What close to this limit the week of May 16, The only way that we can get this is the biggest takeaway from these at which time we will be forced to do right is by both parties working to- facts? It’s about sacrifice. What are we some courageous things to avoid jeop- gether and sacrificing. willing to sacrifice to do the things and ardizing the full faith and credit of the We know that the American people allow government to do the things that United States of America. don’t want to underfund education or government should do? What are the So, what is the big picture? Well, the investment to grow the workforce. We sacrifices we will make to take care of fact is over the last several years the know that they don’t want us to sac- our seniors, to take care of our chil- U.S. experienced an imbalance between rifice our long-term global competi- dren, to invest in innovation, to pro- spending and revenues. As a result of tiveness for short-term gains. Ameri- tect our homeland, to spread democ- the recession, we spent much more cans believe that we can walk and chew racy, and to do all those critical things than we brought in. gum at the same time. Mr. Speaker, we that we want to do? I would like to point out that our re- can invest in tomorrow and still get These are the facts, Mr. Speaker. I cent spending spurred hiring in the pri- our fiscal problems and our fiscal house encourage the American people to draw vate sector. It also provided small busi- in order. their own conclusions based on the nesses with unprecedented tax relief. It How do we move forward? There are facts—not hyperbole, not conversations helped home buyers purchase homes in a number of options, but one thing is from either side, not political rhetoric, this tough market; it helped police, for certain. We should be honest about but from the facts. teachers and firefighters continue to the tax burden currently faced by So, as I have laid out our debt situa- get paid; and it helped cities and towns Americans. tion, I would ask that you send me across America weather this financial I want to briefly show you another your ideas on what you think the num- storm. board, which we’re not making any bers should be. This is the people’s Last Monday night while leaving Af- proposals but we want to talk about for House. We see how they feel in the ghanistan, I was having a conversation a second, the effective tax rates. polls, but we need to hear their stories

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.002 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6675 directly from them, Mr. Speaker. I will Batumi, and Baku, and over there I 1393. A letter from the Deputy to the request that the American people send just want to say that the energy and Chairman, Federal Deposit Insurance Cor- me those stories, tell me about their the optimism in our troops were un- poration, transmitting the Corporation’s hardships, tell me if they think they’re matched because they were rep- final rule — Procedures for Monitoring Bank Secrecy Act Compliance and Fair Credit Re- paying too much. But give me a spe- resenting America. They were rep- porting: Technical Amendments (RIN: 3064- cific example. Tell me how that tax resenting what that flag stands for. AD76) received April 6, 2011, pursuant to 5 rate, that tax liability, that tax burden They were representing the sacrifice U.S.C. 801(a)(1)(A); to the Committee on Fi- affected your family. I want to know. I that stands in this country’s history. nancial Services. think Congress wants to know. We 1394. A letter from the Deputy Director for b 1950 don’t presume, and I certainly don’t Operations, Federal Deposit Insurance Cor- presume to know everything. I think We didn’t always get it right since poration, transmitting the Corporation’s it’s very critical. our founding, but we’ve always, always final rule — Allocation of Assets in Single- My grandmother told me a long time made it a goal to strive to be a more Employer Plans; Benefits Payable in Termi- ago, Mr. Speaker, smart people know perfect union. I hope that through this nated Single-Employer Plans; Interest As- conversation, we will continue to pur- sumptions for Valuing and Paying Benefits what they know and know what they received April 6, 2011, pursuant to 5 U.S.C. don’t know. I’m telling you today that sue being a more perfect union. 801(a)(1)(A); to the Committee on Education I don’t know everything, and I’m will- I want to take a detour for a second and the Workforce. ing to listen to the people that do. and just thank the New Orleans Hor- 1395. A letter from the Deputy General After all, we need everyone’s cre- nets and thank their GM, Dave Counsel, Federal Energy Regulatory Com- ativity, everyone’s inventiveness, ev- Dickerson, who when they found out mission, transmitting the Commission’s eryone’s ideas if we’re going to keep that I was going over to Afghanistan to final rule — Planning Resource Adequacy this country great. This is America, visit with some troops, that they sent Assessment Reliability Standard [Docket home of amazing structural feats: The care packages and T-shirts and bands No.: RM10-10-000; Order No. 747] received San Francisco Golden Gate Bridge in and stickers and magazines to our April 6, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. California, the Hoover Dam on the Ari- troops because they understood the 1396. A letter from the Deputy General zona and Nevada border, Mount Rush- sacrifice that our troops were making Counsel, Federal Energy Regulatory Com- more in South Dakota. This is Amer- and they wanted to make sure that mission, transmitting the Commission’s ica, one of the most inventive nations they participated in just saying to our final rule — Mandatory Reliability Stand- in the world. We brought the world bi- Louisiana troops, thank you, job well ards for Interconnection Reliability Oper- focals and the modern suspension done, we appreciate your sacrifice. ating Limits [Docket No.: RM10-15-000; Order bridge, dental floss and the doorbell, Mr. Speaker, tonight, thank you for No. 748] received April 6, 2011, pursuant to 5 the airplane and peanut butter. Amer- allowing me the time to have a con- U.S.C. 801(a)(1)(A); to the Committee on En- ergy and Commerce. ica brought the world the defibrillator versation with you about what I be- 1397. A letter from the FWS Chief, Branch and the traffic light, digital recording lieve the American people stand for, of Aquatic Invasive Species, Department of and the Super Soaker water gun, the about the greatness we have inside our- the Interior, transmitting the Department’s artificial heart and the personal com- selves, about the great things that I final rule — Injurious Wildlife Species; List- puter. know we can do when we stand to- ing the Bighead Carp (Hypophthalmichthys This is America, a Nation of firsts gether. And thank you, Mr. Speaker, nobilis) as Injurious Fish [Docket No.: FWS- and a Nation where our inventive spirit for allowing me to invite the American R3-FHC-2010-0094; 94140-1342-0000-N5] (RIN: rings from sea to shining sea. This is people to participate and become their 1018-AT49) received March 23, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on America, where we do big things be- own representative in this Congress cause we have big ideas. As President Natural Resources. and talk about their ideas and express 1398. A letter from the Acting Assistant Obama said in this year’s State of the their desires, their wishes and what Secretary for Fish and Wildlife Parks, De- Union Address: We’re a Nation that they’re willing to sacrifice and those partment of the Interior, transmitting the says, I might not have a lot of money, things they think we need to do. Department’s final rule — Special Regula- but I have this great idea for a new in- I yield back the balance of my time. tion: Areas of the National Park System, Na- tional Capital Region (RIN: 1024-AD96) re- vention; I might not come from a fam- f ily of college graduates, but I will be ceived March 23, 2011, pursuant to 5 U.S.C. the first to get my degree; I might not LEAVE OF ABSENCE 801(a)(1)(A); to the Committee on Natural know those people in trouble, but I By unanimous consent, leave of ab- Resources. think I can help them, and I need to sence was granted to: 1399. A letter from the Chief, Endangered Species Listing, Department of the Interior, try; I’m not sure how we’ll reach that Mrs. EMERSON (at the request of Mr. transmitting the Department’s final rule — better place beyond the horizon, but I CANTOR) for May 2 and the balance of Endangered and Threatened Wildlife and know we’ll get there. I know we will. the week on account of flooding in her Plants; Designation of Critical Habitat for We do big things. district. Carex lutea (Golden Sedge) [Docket No.: Those were President Obama’s words Mr. BILIRAKIS (at the request of Mr. FWS-R4-ES-2010-0003] (RIN: 1018-AW55) re- from the State of the Union in which CANTOR) for today on account of at- ceived April 4, 2011, pursuant to 5 U.S.C. he laid a course of where we are, where tending the funeral of a family mem- 801(a)(1)(A); to the Committee on Natural we need to get to, and why we all know ber. Resources. 1400. A letter from the Chief, Branch of Re- we’ll get there. f Mr. Speaker, again, I wish I could di- covery and Delisting, Department of the In- ADJOURNMENT terior, transmitting the Department’s final rectly address the American people. If I rule — Endangered and Threatened Wildlife could, again, I would invite them to Mr. RICHMOND. Mr. Speaker, I move and Plants; Removal of Erigeron maguirei reach out to me on Facebook, on Twit- that the House do now adjourn. (Maguire Daisy) from the Federal List of En- ter, or by email. Email me at The motion was agreed to; accord- dangered and Threatened Plants; Avail- [email protected]. ingly (at 7 o’clock and 52 minutes ability of Final Post-Delisting Monitoring We’ve been through rough patches p.m.), under its previous order, the Plan [Docket No.: FWS-R6-ES-2008-0001] before and we got through them be- House adjourned until tomorrow, (RIN: 1018-AU67) received April 4, 2011, pursu- cause we’re Americans. We will work Thursday, May 5, 2011, at 9 a.m. ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural Resources. together and we will listen to the f American people. Our perseverance, in- 1401. A letter from the Chief, Branch of Re- covery and Delisting, Department of the In- genuity, creativity, and work ethic are EXECUTIVE COMMUNICATIONS, ETC. terior, transmitting the Department’s final unmatched. We’re going to get through rule — Endangered and Threatened Wildlife this because of our people. Under clause 2 of rule XIV, executive and Plants; Reclassification of the Okaloosa Mr. Speaker, last week I had the op- communications were taken from the Darter from Endangered to Threatened and portunity to travel to Afghanistan, Speaker’s table and referred as follows: Special Rule [Docket No.: FWS-R4-ES-2008-

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.002 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6676 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 May 4, 2011 0071] (RIN: 1018-AW95) received April 4, 2011, ceived March 28, 2011, pursuant to 5 U.S.C. Business, HUBZone, and Service-Disabled pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Natural Veteran-Owned Business Status Protest and mittee on Natural Resources. Resources. Appeal Regulations (RIN: 3245-AF65) received 1402. A letter from the Acting Chief, 1409. A letter from the Acting Director, Of- April 6, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); Branch of FS, Department of the Interior, fice of Sustainable Fisheries, NMFS, Na- to the Committee on Small Business. transmitting the Department’s final rule — tional Oceanic and Atmospheric Administra- 1417. A letter from the Deputy General Endangered and Threatened Wildlife and tion, transmitting the Administration’s final Counsel, Small Business Administration, Plants; Determination of Threatened Status rule — Fisheries of the Caribbean, Gulf of transmitting the Administration’s final rule for the New Zealand-Australia Distinct Pop- Mexico, and South Atlantic; Coastal Migra- — Small Business Jobs Act: 504 Loan Pro- ulation Segment of the Southern tory Pelagic Resources of the Gulf of Mexico gram Debt Refinancing (RIN: 3245-AG17) re- Rockhopper Penguin [Docket No.: FWS-R9- and South Atlantic; Trip Limit Reduction ceived April 6, 2011, pursuant to 5 U.S.C. IA-2008-0069; 92210-0-0010 B6] (RIN: 1018-AV73) [Docket No.: 001005281-0369-02] (RIN: 0648- 801(a)(1)(A); to the Committee on Small received April 6, 2011, pursuant to 5 U.S.C. XA263) received March 28, 2011, pursuant to 5 Business. 1418. A letter from the Deputy General 801(a)(1)(A); to the Committee on Natural U.S.C. 801(a)(1)(A); to the Committee on Nat- Counsel, Small Business Administration, Resources. ural Resources. transmitting the Administration’s final rule 1403. A letter from the Acting Director, Of- 1410. A letter from the Deputy Assistant — Small Business Size Regulations; 8(a) fice of Sustainable Fisheries, NMFS, Na- Administrator for Regulatory Programs, Business Development/Small Disadvantaged tional Oceanic and Atmospheric Administra- NMFS, National Oceanic and Atmospheric Business Status Determinations (RIN: 3245- tion, transmitting the Administration’s final Administration, transmitting the Adminis- AF53) received April 6, 2011, pursuant to 5 rule — Fisheries of the Exclusive Economic tration’s final rule — Fisheries Off West U.S.C. 801(a)(1)(A); to the Committee on Zone Off Alaska; Pacific Cod by Catcher Ves- Coast States; Coastal Pelagic Species Fish- Small Business. sels Less Than 60 Feet (18.3 m) Length Over- eries; Annual Specifications [Docket No.: 1419. A letter from the Chief, Publications all Using Hook-and-Line or Pot Gear in the 110111018-1095-02] (RIN: 0648-XA109) received and Regulations Branch, Internal Revenue Bering Sea and Aleutian Islands Manage- March 28, 2011, pursuant to 5 U.S.C. Service, transmitting the Service’s final rule ment Area [Docket No.: 101126521-6040-02] 801(a)(1)(A); to the Committee on Natural — Capital expenditures; in general (Rev. (RIN: 0648-XA279) received April 6, 2011, pur- Resources. Proc. 2011-27) received April 7, 2011, pursuant suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1411. A letter from the Deputy Assistant to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Natural Resources. Administrator for Operations, NMFS, Na- Ways and Means. 1404. A letter from the Deputy Assistant tional Oceanic and Atmospheric Administra- 1420. A letter from the Chief, Publications Administrator for Regulatory Programs, tion, transmitting the Administration’s final and Regulations, Internal Revenue Service, NMFS, National Oceanic and Atmospheric rule — Western Pacific Pelagic Fisheries; transmitting the Service’s final rule — Re- Administration, transmitting the Adminis- Hawaii-Based Shallow-set Longline Fishery; duction of Foreign Tax Credit Limitation tration’s final rule — Fisheries of the North- Court Order [Docket No.: 100826393-1171-01] Categories under Section 904(d) [TD 9521] eastern United States; Atlantic Herring; (RIN: 0648-BA19) received March 28, 2011, pur- (RIN: 1545-BG54) received April 7, 2011, pursu- Amendment 4 [Docket No.: 080513659-1114-03] suant to 5 U.S.C. 801(a)(1)(A); to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee (RIN: 0648-AW75) received April 7, 2011, pur- mittee on Natural Resources. on Ways and Means. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1412. A letter from the Acting Director, Of- 1421. A letter from the Chief, Publications mittee on Natural Resources. fice of Sustainable Fisheries, NMFS, Na- and Regulations Branch, Internal Revenue 1405. A letter from the Acting Director, Of- tional Oceanic and Atmospheric Administra- Service, transmitting the Service’s final rule fice of Sustainable Fisheries, NMFS, Na- tion, transmitting the Administration’s final — Replacement of Schedule SSA with Form tional Oceanic and Atmospheric Administra- rule — Fisheries of the Exclusive Economic 8955-SSA (Announcement 2011-21) received tion, transmitting the Administration’s final Zone Off Alaska; Pollock in Statistical Area April 7, 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means. rule — Fisheries of the Exclusive Economic 630 in the Gulf of Alaska [Docket No.: 1422. A letter from the Chief, Publications Zone Off Alaska; Pollock in the West Yak- 101126522-0640-02] (RIN: 0648-XA277) received and Regulations Branch, Internal Revenue utat District of the Gulf of Alaska [Docket March 28, 2011, pursuant to 5 U.S.C. Service, transmitting the Service’s final rule No.: 101126522-0640-02] (RIN: 0648-XA276) re- 801(a)(1)(A); to the Committee on Natural — Capital expenditures; in general (Rev. ceived March 28, 2011, pursuant to 5 U.S.C. Resources. Proc. 2011-28) received April 7, 2011, pursuant 801(a)(1)(A); to the Committee on Natural 1413. A letter from the Acting Director, Of- to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. fice of Sustainable Fisheries, NMFS, Na- Ways and Means. 1406. A letter from the Deputy Assistant tional Oceanic and Atmospheric Administra- 1423. A letter from the Branch Chief, Publi- Administrator for Regulatory Programs, tion, transmitting the Administration’s final cations and Regulations, Internal Revenue NMFS, National Oceanic and Atmospheric rule — Fisheries of the Caribbean, Gulf of Service, transmitting the Service’s final rule Administration, transmitting the Adminis- Mexico, and South Atlantic; Snapper-Group- — Japan Earthquake and Tsunami Occurring tration’s final rule — Fisheries of the Carib- er Fishery of the South Atlantic; Closure in March 2011 Designated as a Qualified Dis- bean, Gulf of Mexico, and South Atlantic; [Docket No.: 040205043-4043-01] (RIN: 0648- aster under Sec. 139 of the Internal Revenue Snapper-Grouper Fishery Off the Southern XA228) received March 28, 2011, pursuant to 5 Code [Notice 2011-32] received April 7, 2011, Atlantic States; Amendment 17B; Correction U.S.C. 801(a)(1)(A); to the Committee on Nat- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Docket No.: 0907271173-1137-04] (RIN: 0648- ural Resources. mittee on Ways and Means. AY11) received March 28, 2011, pursuant to 5 1414. A letter from the Director Office of f U.S.C. 801(a)(1)(A); to the Committee on Nat- Sustainable Fisheries, NMFS, National Oce- ural Resources. anic and Atmospheric Administration, trans- REPORTS OF COMMITTEES ON 1407. A letter from the Acting Director, Of- mitting the Administration’s final rule — PUBLIC BILLS AND RESOLUTIONS fice of Sustainable Fisheries, NMFS, Na- Fisheries of the Caribbean, Gulf of Mexico, Under clause 2 of rule XIII, reports of tional Oceanic and Atmospheric Administra- and South Atlantic; Snapper-Groper Fishery committees were delivered to the Clerk tion, transmitting the Administration’s final of the South Atlantic; Closure [Docket No.: rule — Fisheries of the Exclusive Economic 040205043-4043-01] (RIN: 0648-XA229) received for printing and reference to the proper Zone Off Alaska; Fisheries of the Exclusive March 28, 2011, pursuant to 5 U.S.C. calendar, as follows: Economic Zone Off Alaska; Pacific Cod by 801(a)(1)(A); to the Committee on Natural Mr. BISHOP of Utah: Committee on Rules. Catcher Vessels Less Than 60 Feet (18.3 m) Resources. House Resolution 245. Resolution providing Length Overall Using Jig or Hook-and-Line 1415. A letter from the Deputy Assistant for consideration of the bill (H.R. 1229) to Gear in the Bogoslof Pacific Cod Exemption Administrator for Regulatory Programs, amend the Outer Continental Shelf Lands Area in the Bering Sea and Aleutian Islands NMFS, National Oceanic and Atmospheric Act to facilitate the safe and timely produc- Management Area [Docket No.: 101126521- Administration, transmitting the Adminis- tion of American energy resources from the 0640-02] (RIN: 0648-XA271) received March 28, tration’s final rule — Fisheries of the Exclu- Gulf of Mexico, and providing for consider- 2011, pursuant to 5 U.S.C. 801(a)(1)(A); to the sive Economic Zone Off Alaska; American ation of the bill (H.R. 1230) to require the Committee on Natural Resources. Fisheries Act; Recordkeeping and Reporting Secretary of the Interior to conduct certain 1408. A letter from the Acting Director, Of- [Docket No.: 100413185-1155-02] (RIN: 0648- offshore oil and gas lease sales, and for other fice of Sustainable Fisheries, NMFS, Na- AY84) received March 28, 2011, pursuant to 5 purposes (Rept. 112–73). Referred to the tional Oceanic and Atmospheric Administra- U.S.C. 801(a)(1)(A); to the Committee on Nat- House Calendar. tion, transmitting the Administration’s final ural Resources. f rule — Fisheries of the Exclusive Economic 1416. A letter from the Deputy General PUBLIC BILLS AND RESOLUTIONS Zone Off Alaska; Reallocation of Pollock in Counsel, Small Business Administration, the Bering Sea and Aleutian Islands [Docket transmitting the Administration’s final rule Under clause 2 of rule XII, public No.: 101126521-0640-02] (RIN: 0648-XA262) re- — Small Business, Small Disadvantaged bills and resolutions of the following

VerDate Mar 15 2010 12:19 May 20, 2014 Jkt 099102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR11\H04MY1.002 H04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 CONGRESSIONAL RECORD—HOUSE, Vol. 157, Pt. 5 6677 titles were introduced and severally re- GRANGER, Mr. STUTZMAN, Mr. RICH- JONES, Mr. WALDEN, Mr. HERGER, Mr. ferred, as follows: MOND, and Mr. HARPER): DUNCAN of Tennessee, Mrs. LUMMIS, H.R. 1712. A bill to amend the Internal Rev- and Mr. BISHOP of Utah): By Mr. SULLIVAN (for himself, Mr. enue Code of 1986 to exempt sales of natural H.R. 1719. A bill to better inform con- MATHESON, Mr. UPTON, Mr. WHIT- gas for use in natural gas vehicles from the sumers regarding costs associated with com- FIELD, Mr. SHIMKUS, Mr. WALDEN, Mr. retail sales limitation on defining inde- pliance for protecting endangered and LATTA, Mr. HARPER, Mrs. MCMORRIS pendent producers of petroleum products; to threatened species under the Endangered RODGERS, Mr. MCKINLEY, Mr. TERRY, the Committee on Ways and Means. Species Act of 1973; to the Committee on Mrs. CAPITO, Mr. GENE GREEN of By Mr. CONNOLLY of Virginia (for Natural Resources. Texas, Mr. CRITZ, Mr. POMPEO, Mr. himself and Mr. BLUMENAUER): By Mr. OWENS (for himself and Mr. ROSS of Arkansas, and Mr. COSTA): H.R. 1705. A bill to require analyses of the H.R. 1713. A bill to reduce Federal expendi- WELCH): cumulative and incremental impacts of cer- tures associated with data center real estate H.R. 1720. A bill to improve the H-2A agri- tain rules and actions of the Environmental and electricity consumption, to implement cultural worker program for use by dairy Protection Agency, and for other purposes; savings reductions proposed by Federal em- workers, sheepherders, and goat herders, and to the Committee on Energy and Commerce, ployees, to reduce energy costs across Fed- for other purposes; to the Committee on the and in addition to the Committee on Trans- eral Executive agencies, and for other pur- Judiciary. portation and Infrastructure, for a period to poses; to the Committee on Oversight and By Mr. PIERLUISI (for himself, Mr. be subsequently determined by the Speaker, Government Reform, and in addition to the FALEOMAVAEGA, Ms. BORDALLO, and in each case for consideration of such provi- Committees on Armed Services, Transpor- Mr. SIRES): sions as fall within the jurisdiction of the tation and Infrastructure, and Energy and H.R. 1721. A bill to amend the Elementary committee concerned. Commerce, for a period to be subsequently and Secondary Education Act of 1965 to in- By Mr. DAVIS of Kentucky (for himself determined by the Speaker, in each case for crease the maximum amount that may be al- consideration of such provisions as fall with- lotted to Puerto Rico under part A of title and Mr. THOMPSON of California): H.R. 1706. A bill to amend the Internal Rev- in the jurisdiction of the committee con- III; to the Committee on Education and the enue Code of 1986 to provide a credit against cerned. Workforce. income tax to facilitate the accelerated de- By Mr. DOLD (for himself and Mr. By Ms. PINGREE of Maine (for herself, velopment and deployment of advanced safe- DEUTCH): Mr. CONNOLLY of Virginia, Mr. STARK, ty systems for commercial motor vehicles; H.R. 1714. A bill to promote human rights Mr. WELCH, and Mr. MCGOVERN): to the Committee on Ways and Means. and democracy in Iran; to the Committee on H.R. 1722. A bill to amend the Richard B. By Mr. RUSH (for himself, Mr. BARTON Foreign Affairs, and in addition to the Com- Russell National School Lunch Act to create of Texas, and Ms. SCHAKOWSKY): mittees on Financial Services, the Judiciary, a local food credit program; to the Com- H.R. 1707. A bill to protect consumers by and Ways and Means, for a period to be sub- mittee on Education and the Workforce. requiring reasonable security policies and sequently determined by the Speaker, in By Mr. POSEY (for himself, Mr. PAUL, procedures to protect data containing per- each case for consideration of such provi- Mr. WESTMORELAND, Mr. ISSA, Mr. sonal information, and to provide for nation- sions as fall within the jurisdiction of the WEBSTER, Mr. JONES, Mr. MANZULLO, wide notice in the event of a security breach; committee concerned. Mr. MILLER of Florida, Mrs. to the Committee on Energy and Commerce. By Ms. FOXX (for herself, Mr. MCCLIN- HARTZLER, Mr. PITTS, Mr. FLORES, By Mr. RIGELL: TOCK, Mr. AKIN, and Mr. LAMBORN): Mr. GOHMERT, Mr. BARTLETT, Mr. H.R. 1708. A bill to prohibit the use of funds H.R. 1715. A bill to amend title 31, United PEARCE, Mr. GINGREY of Georgia, Mr. to support Operation Odyssey Dawn; to the States Code, to end speculation on the cur- MCCOTTER, Mr. LUETKEMEYER, and Committee on Armed Services, and in addi- rent cost of multilingual services provided Mr. THOMPSON of Pennsylvania): tion to the Committee on Foreign Affairs, by the Federal Government, and for other H.R. 1723. A bill to permit certain current for a period to be subsequently determined purposes; to the Committee on Oversight and loans that would otherwise be treated as by the Speaker, in each case for consider- Government Reform. non-accrual loans as accrual loans for cer- ation of such provisions as fall within the ju- By Mr. HOYER (for himself, Mr. DIN- tain purposes; to the Committee on Finan- risdiction of the committee concerned. GELL, Mr. KISSELL, Ms. NORTON, Mr. cial Services. By Ms. SLAUGHTER: LIPINSKI, Mrs. MALONEY, Ms. RICH- By Mr. ROTHMAN of New Jersey: H.R. 1709. A bill to prevent and end the oc- ARDSON, Mr. ROTHMAN of New Jersey, H.R. 1724. A bill to provide for the provi- currence of sexual assaults involving mem- Ms. MOORE, Mr. MARKEY, Mr. sion by hospitals receiving Federal funds bers of the Armed Forces; to the Committee LOEBSACK, Mr. CONYERS, Mr. SCHIFF, through the Medicare Program or Medicaid on Armed Services. Mr. CRITZ, Ms. JACKSON LEE of Texas, Program of emergency contraceptives to By Mr. BURGESS: Mr. CARNAHAN, and Mr. HASTINGS of women who are survivors of sexual assault; H.R. 1710. A bill to authorize the Secretary Florida): to the Committee on Energy and Commerce, of Energy to establish monetary prizes for H.R. 1716. A bill to amend the Workforce and in addition to the Committee on Ways achievements in designing and proposing nu- Investment Act of 1998 to establish a pilot and Means, for a period to be subsequently clear energy used fuel alternatives; to the program to facilitate education and training determined by the Speaker, in each case for Committee on Science, Space, and Tech- programs in the field of advanced manufac- consideration of such provisions as fall with- nology, and in addition to the Committee on turing; to the Committee on Education and in the jurisdiction of the committee con- Ways and Means, for a period to be subse- the Workforce. cerned. quently determined by the Speaker, in each By Ms. KAPTUR: By Mr. RUPPERSBERGER: case for consideration of such provisions as H.R. 1717. A bill to require that, in cases in H.R. 1725. A bill to authorize the Secretary fall within the jurisdiction of the committee which the annual trade deficit between the of Agriculture to make grants for the pre- concerned. United States and another country is vention of cruelty to animals to States that By Mr. CARSON of Indiana: $10,000,000,000 or more for 3 consecutive have enacted laws prohibiting the devo- H.R. 1711. A bill to amend the Child Care years, the President take the necessary steps calization of dogs and cats for purposes of and Development Block Grant Act of 1990 to to create a more balanced trading relation- convenience; to the Committee on Agri- require criminal background checks, inspec- ship with that country; to the Committee on culture. tions, and training of child care providers; to Ways and Means. By Mr. RUPPERSBERGER: the Committee on Education and the Work- By Mrs. LOWEY: H.R. 1726. A bill to amend the Child Care force. H.R. 1718. A bill to provide that service of and Development Block Grant Act of 1990 to By Mr. CASSIDY (for himself, Mr. the members of the organization known as require criminal background checks for child LANKFORD, Mr. YOUNG of Alaska, Mr. the United States Cadet Nurse Corps during care providers; to the Committee on Edu- DENHAM, Mr. CRAWFORD, Mr. LANDRY, World War II constituted active military cation and the Workforce. Mrs. LUMMIS, Mr. GARDNER, Mr. service for purposes of laws administered by By Mr. RUPPERSBERGER: BOREN, Mr. THOMPSON of Pennsyl- the Secretary of Veterans Affairs; to the H.R. 1727. A bill to strengthen certain pro- vania, Mr. BILBRAY, Mr. SCHILLING, Committee on Veterans’ Affairs, and in addi- visions relating to arms export licenses, and Mr. SULLIVAN, Mr. LUCAS, Mr. tion to the Committee on Armed Services, for other purposes; to the Committee on For- GUINTA, Mr. FLEMING, Mr. HUNTER, for a period to be subsequently determined eign Affairs. Mr. COLE, Mr. TERRY, Mr. FLORES, by the Speaker, in each case for consider- By Mr. RUPPERSBERGER: Mr. REHBERG, Mr. GRIFFIN of Arkan- ation of such provisions as fall within the ju- H.R. 1728. A bill to amend the Internal Rev- sas, Mr. AUSTRIA, Mr. CHAFFETZ, Mr. risdiction of the committee concerned. enue Code of 1986 to increase the credit for OLSON, Mr. CRITZ, Mr. BOUSTANY, Mr. By Mrs. MCMORRIS RODGERS (for employers establishing workplace child care BURTON of Indiana, Mr. ALEXANDER, herself, Mr. HASTINGS of Washington, facilities, to increase the child care credit to Mrs. BIGGERT, Mr. SCALISE, Ms. Mr. MCCLINTOCK, Mr. PEARCE, Mr. encourage greater use of quality child care

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services, to provide incentives for students MCGOVERN, Mr. FRANK of Massachu- By Mr. RIGELL: to earn child care-related degrees and to setts, and Mrs. MALONEY): H.R. 1708. work in child care facilities, and to increase H. Res. 246. A resolution supporting the Congress has the power to enact this legis- the exclusion for employer-provided depend- goals and ideals of National Celiac Aware- lation pursuant to the following: ent care assistance; to the Committee on ness Month, and for other purposes; to the The constitutional authority of Congress Ways and Means. Committee on Energy and Commerce. to enact this legislation is provided by Arti- By Mr. RUPPERSBERGER: By Mr. MACK (for himself, Mr. BISHOP cle I, section 8 of the United States Constitu- H.R. 1729. A bill to amend the Controlled of Utah, Mr. BARTLETT, Mr. BROUN of tion, specifically clause 1 (relating to the Substances Act to authorize certain practi- Georgia, Mr. LAMBORN, Mr. HEN- power of Congress to provide for the general tioners other than physicians to dispense SARLING, Mr. GINGREY of Georgia, welfare of the United States) and clause 18 certain narcotic drugs in schedule III, IV, Mrs. BLACKBURN, Mr. CHAFFETZ, Mr. (relating to the power to make all laws nec- and V for maintenance treatment or detoxi- POE of Texas, Mr. KLINE, and Mr. essary and proper for carrying out the pow- fication treatment without obtaining annu- FRANKS of Arizona): ers vested in Congress). In addition, the ally a separate registration for that purpose; H. Res. 247. A resolution calling for the power of Congress to make rules for the gov- to the Committee on Energy and Commerce, Bolivarian Republic of Venezuela to be des- ernment and regulation of the land and and in addition to the Committee on the Ju- ignated a state sponsor of terrorism for its naval forces, as enumerated in Article I, Sec- diciary, for a period to be subsequently de- support of Iran, Hezbollah, and the Revolu- tion 8, Clauses 12, 13, and 14 of the United termined by the Speaker, in each case for tionary Armed Forces of Colombia (FARC); States Constitution. consideration of such provisions as fall with- to the Committee on Foreign Affairs. By Ms. SLAUGHTER: in the jurisdiction of the committee con- By Mr. OWENS: H.R. 1709. cerned. H. Res. 248. A resolution honoring the Congress has the power to enact this legis- By Ms. SEWELL (for herself and Mr. members of the military and intelligence lation pursuant to the following: The constitutional authority of Congress LARSEN of Washington): community who carried out the mission that to enact this legislation is provided by Arti- H.R. 1730. A bill to amend the Internal Rev- killed Osama bin Laden, and for other pur- cle I, section 8 of the United States Constitu- enue Code of 1986 to establish tax-preferred poses; to the Committee on Armed Services, tion (clauses 12, 13, 14, 16, and 18). Small Business Start-up Savings Accounts; and in addition to the Committee on Intel- By Mr. BURGESS: to the Committee on Ways and Means. ligence (Permanent Select), for a period to be subsequently determined by the Speaker, H.R. 1710. By Ms. TSONGAS: Congress has the power to enact this legis- in each case for consideration of such provi- H.R. 1731. A bill to direct the Secretary of lation pursuant to the following: sions as fall within the jurisdiction of the Defense to submit notifications to Congress The attached bill falls under Congress’ au- committee concerned. with respect to the failure by the Secretary thority to regulate interstate commerce pur- By Mr. RUPPERSBERGER: to comply with statutory body armor pro- suant to Article I, Section 8, Clause 3 of the H. Res. 249. A resolution supporting K-12 curement budget information requirements; U.S. Constitution. geography education; to the Committee on to the Committee on Armed Services. By Mr. CARSON of Indiana: By Mr. VAN HOLLEN (for himself, Mr. Education and the Workforce. H.R. 1711. RUPPERSBERGER, Ms. SCHWARTZ, Ms. By Mr. RUPPERSBERGER: Congress has the power to enact this legis- MCCOLLUM, Mr. GARAMENDI, and Mr. H. Res. 250. A resolution congratulating lation pursuant to the following: POLIS): and commending Free Comic Book Day as an Clause 7 of section 9 of article I of the Con- H.R. 1732. A bill to amend the Internal Rev- enjoyable and creative approach to pro- stitution, Clause 1 of section 8 of article I of enue Code of 1986 to allow a credit for equity moting literacy and celebrating a unique the Constitution, and clause 18 of section 8 of investments in high technology and bio- American art form; to the Committee on article I of the Constitution. technology small business concerns devel- Oversight and Government Reform. By Mr. CASSIDY: oping innovative technologies that stimulate By Mr. SCHOCK (for himself, Mr. DIAZ- H.R. 1712. private sector job growth; to the Committee BALART, Mr. CUELLAR, and Mr. Congress has the power to enact this legis- on Ways and Means. MEEKS): lation pursuant to the following: By Mr. WHITFIELD (for himself, Mr. H. Res. 251. A resolution urging the Presi- Article I, Section 8, Clause 1 of the United CHANDLER, Ms. SCHAKOWSKY, and Mr. dent to expedite the submission of the States Constitution, PITTS): United States - Colombia Trade Promotion By Mr. CONNOLLY of Virginia: H.R. 1733. A bill to amend the Interstate Agreement to Congress; to the Committee on H.R. 1713. Horseracing Act of 1978 to prohibit the use of Ways and Means. Congress has the power to enact this legis- performance-enhancing drugs in horseracing, f lation pursuant to the following: and for other purposes; to the Committee on Article 1 Energy and Commerce. CONSTITUTIONAL AUTHORITY By Mr. DOLD: By Mr. DENHAM: STATEMENT H.R. 1714. Congress has the power to enact this legis- H.R. 1734. A bill to decrease the deficit by Pursuant to clause 7 of rule XII of lation pursuant to the following: realigning, consolidating, selling, disposing, the Rules of the House of Representa- Article 1, Section 8, clause 3, which pro- and improving the efficiency of Federal tives, the following statements are sub- vides Congress the power ‘‘to regulate com- buildings and other civilian real property, mitted regarding the specific powers merce with foreign nations.’’ This legislation and for other purposes; to the Committee on authorizes sanctions with respect to the Transportation and Infrastructure, and in granted to Congress in the Constitu- tion to enact the accompanying bill or transfer of goods or technologies to Iran that addition to the Committees on Oversight and may be used to commit human rights abuses. Government Reform, and Rules, for a period joint resolution. Additionally, the democracy promotion as- to be subsequently determined by the Speak- By Mr. SULLIVAN: pect of the legislation implicates the power er, in each case for consideration of such pro- H.R. 1705. to ‘‘provide for the common defense’’ under visions as fall within the jurisdiction of the Congress has the power to enact this legis- Article 1, Section 8, clause 1. committee concerned. lation pursuant to the following: By Ms. FOXX: By Mr. DINGELL: Article I, Section 8, Clause 3 of the United H.R. 1715. H. Con. Res. 48. Concurrent resolution ex- States Constitution. Congress has the power to enact this legis- pressing the sense of Congress that the Sec- By Mr. DAVIS of Kentucky: lation pursuant to the following: retary of the Navy should name a Littoral H.R. 1706. Clause 7 of Section 9 of Article 1 of the Combat Ship the U.S.S. Ypsilanti, in honor Congress has the power to enact this legis- Constitution which states ‘‘No money shall of Ypsilanti, Michigan; to the Committee on lation pursuant to the following: be drawn from the Treasury, but in con- Armed Services. Clause 1 of Section 8 of Article I of the sequence of appropriations made by Law; and By Mr. PAYNE (for himself and Mr. United States Constitution and Amendment a regular statement and account of receipts FORTENBERRY): XVI of the United States Constitution. and expenditures of all public money shall be H. Con. Res. 49. Concurrent resolution sup- By Mr. RUSH: published from time to time.’’ porting the goals and ideals of World Malaria H.R. 1707. By Mr. HOYER: Day, and reaffirming United States leader- Congress has the power to enact this legis- H.R. 1716. ship and support for efforts to combat ma- lation pursuant to the following: Congress has the power to enact this legis- laria as a critical component of the Presi- Article I, Section 8, Clause 3 lation pursuant to the following: dent’s Global Health Initiative; to the Com- ‘‘The Congress shall have Power ‘‘to regu- Congress has the power to enact the Job mittee on Foreign Affairs. late Commerce with foreign Nations, and Opportunities Between our Shores Act pur- By Mrs. LOWEY (for herself, Ms. among the several States, and with the In- suant to Clause 1 of Section 8 of Article I of BORDALLO, Ms. MCCOLLUM, Mr. dian Tribes.’’ the Constitution of the United States.

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By Ms. KAPTUR: Congress has the power to enact this legis- H.R. 645: Mr. FLAKE, Mr. AMASH, Mr. H.R. 1717. lation pursuant to the following: BENISHEK, Mr. LANKFORD, Mr. BARTLETT, Mr. Congress has the power to enact this legis- Article I, Section 8, Clause 18 HANNA, Mr. GRAVES of Georgia, Ms. FOXX, lation pursuant to the following: By Ms. SEWELL: Mr. RIGELL, Mr. DAVIS of Kentucky, Mr. Article I. Section 8. H.R. 1730. BACA, and Mr. NUGENT. More specifically, Congress has the power to enact this legis- H.R. 674: Mr. KLINE, Mrs. ROBY, Mr. Clause. 1. of Section. 8. of Article. I.; lation pursuant to the following: RENACCI, Mr. CARDOZA, Mr. MURPHY of Con- Clause. 3. of Section. 8. of Article. I; and Article I, Section 8, Clause 1 And The Six- necticut, Mr. JOHNSON of Georgia, Mr. WITT- Clause. 18. of. Section. 8. of Article I. teenth Amendment MAN, Mr. GENE GREEN of Texas, Mr. WU, Mr. By Mrs. LOWEY: By Ms. TSONGAS: CUMMINGS, Mr. STIVERS, and Mr. CASSIDY. H.R. 1718. H.R. 1731. H.R. 680: Mr. COBLE and Mr. COFFMAN of Congress has the power to enact this legis- Congress has the power to enact this legis- Colorado. lation pursuant to the following: lation pursuant to the following: H.R. 724: Mr. LARSEN of Washington and Article I of the Constitution Article I, Section 8, Clause 14: Mr. CICILLINE. By Mrs. MCMORRIS RODGERS: To make Rules for the Government and H.R. 735: Mr. SCALISE and Mr. ROGERS of H.R. 1719. Regulation of the land and naval Forces. Michigan. Congress has the power to enact this legis- By Mr. VAN HOLLEN: H.R. 740: Mr. MURPHY of Connecticut and lation pursuant to the following: H.R. 1732. Mr. KINZINGER of Illinois. The Constitutional authority in which this Congress has the power to enact this legis- H.R. 743: Mr. WITTMAN. bill rests is the power of the Congress to reg- lation pursuant to the following: H.R. 763: Ms. HERRERA BEUTLER. ulate commerce and provide for the general This legislation is consistent with Sections H.R. 765: Mr. MCCLINTOCK. welfare as envisioned and enumerated by Ar- 7 and 8 of Article I of the United States Con- H.R. 780: Mr. HOLT. ticle I, Section 8, Clauses 1 and 3. stitution and the Sixteenth Amendment to H.R. 788: Mrs. MCCARTHY of New York. By Mr. OWENS: the United States Constitution. H.R. 835: Mr. TIERNEY. H.R. 1720. By Mr. WHITFIELD: H.R. 865: Mr. LARSEN of Washington. Congress has the power to enact this legis- H.R. 1733. H.R. 886: Mr. GOWDY and Mr. MILLER of lation pursuant to the following: Congress has the power to enact this legis- Florida. This bill is enacted pursuant to the power lation pursuant to the following: H.R. 891: Mr. CARSON of Indiana. granted to Congress under Article I, Section Article I, Section 8, Clause 3 H.R. 913: Mrs. NAPOLITANO. 8, of the United States Constitution. By Mr. DENHAM: H.R. 929: Mrs. MALONEY. By Mr. PIERLUISI: H.R. 1734. H.R. 931: Mr. THORNBERRY. H.R. 1721. Congress has the power to enact this legis- H.R. 965: Ms. LINDA T. SA´ NCHEZ of Cali- Congress has the power to enact this legislation pursuant to the following: fornia, Ms. MOORE, Mr. HASTINGS of Florida, lation pursuant to the following: Article I, Section 8 of the United States and Ms. KAPTUR. The constitutional authority on which this Constitution, specifically Clause 1 (relating H.R. 992: Mr. CICILLINE. bill rests is the power of the Congress to pro- to providing for the general welfare of the H.R. 997: Mr. STEARNS, Mr. DESJARLAIS, vide for the general welfare of the United United States) and Clause 18 (relating to the Mr. CAMP, Mr. MANZULLO, Ms. HERRERA States, as enumerated in Article I, Section 8, power to make all laws necessary and proper BEUTLER, Mr. CALVERT, Mr. BILBRAY, Mr. Clause 1 of the United States Constitution, for carrying out the powers vested in Con- WOMACK, and Mr. SCOTT of South Carolina. and to make all laws which shall be nec- gress) and clause 17 (relating to authority H.R. 1000: Ms. ROYBAL-ALLARD. essary and proper for carrying into execution over the district as the seat of government), H.R. 1001: Mr. OWENS, Mr. BISHOP of Geor- such power as enumerated in Article I, Sec- and Article IV, Section 3, Clause 2 (relating gia, and Mr. BISHOP of New York. tion 8, Clause 18 of the Constitution. to the power of Congress to dispose of and H.R. 1006: Mr. PENCE. By Ms. PINGREE of Maine: make all needful rules and regulations re- H.R. 1025: Mr. COHEN and Mr. BOREN. H.R. 1722. specting the territory or other property be- H.R. 1028: Ms. LORETTA SANCHEZ of Cali- Congress has the power to enact this legis- longing to the United States). fornia and Ms. LEE of California. lation pursuant to the following: f H.R. 1047: Mr. FORBES, Mr. QUAYLE, Mrs. This bill is enacted pursuant to the power MYRICK, Mr. BONNER, and Ms. JENKINS. granted to Congress under Article I Section ADDITIONAL SPONSORS H.R. 1057: Mr. PAYNE, Mrs. CAPPS, and Mrs. 8, Clause 3 of the United States Constitution. Under clause 7 of rule XII, sponsors MCCARTHY of New York. By Mr. POSEY: H.R. 1723. were added to public bills and resolu- H.R. 1058: Mr. HIGGINS, Ms. HIRONO, Mr. Congress has the power to enact this legis- tions as follows: SMITH of Washington, Mr. SHERMAN, Mr. CHANDLER, Mr. ANDREWS, Mr. LUJA´ N, Ms. lation pursuant to the following: H.R. 59: Mr. ROONEY. Article 1, Section 8, Clause 3 H.R. 104: Mr. MILLER of Florida, Mr. LUCAS, PINGREE of Maine, Mr. RUSH, and Mr. MATHE- By Mr. ROTHMAN of New Jersey: Mr. MURPHY of Connecticut, Mr. GUINTA, and SON. H.R. 1724. Mr. NUNNELEE. H.R. 1081: Mr. OLSON, Ms. DEGETTE, Mrs. Congress has the power to enact this legis- H.R. 177: Mr. WITTMAN and Mr. SCALISE. MILLER of Michigan, and Mr. STEARNS. lation pursuant to the following: H.R. 245: Ms. HAYWORTH. H.R. 1084: Mr. THOMPSON of California, Mr. This bill is enacted pursuant to the power H.R. 287: Mr. DEUTCH and Ms. WATERS. BLUMENAUER, Ms. CASTOR of Florida, Mr. granted to Congress under Article I, Section H.R. 298: Mr. DOGGETT Mr. PAUL, Mr. COHEN, and Ms. NORTON. 8, Clause 18 of the United States Constitu- MCCAUL, and Mr. HENSARLING. H.R. 1093: Mr. PETERSON, Mr. CALVERT, Mr. tion. H.R. 350: Mr. MCGOVERN. HEINRICH, Mr. MCCOTTER, Mr. AUSTIN SCOTT By Mr. RUPPERSBERGER: H.R. 390: Ms. HERRERA BEUTLER. of Georgia, Mr. BARTLETT, Mr. NUGENT, Mr. H.R. 1725. H.R. 421: Mr. SOUTHERLAND and Mr. LANKFORD, Mr. CRAVAACK, Mr. WESTMORE- Congress has the power to enact this legis- BUCSHON. LAND, Mr. ROE of Tennessee, Mr. POMPEO, Mr. lation pursuant to the following: H.R. 451: Ms. EDDIE BERNICE JOHNSON of REHBERG, Mr. ROGERS of Alabama, Mr. Article 1, Section 8, Clause 18 Texas. THOMPSON of Pennsylvania, Mr. GRIFFIN of By Mr. RUPPERSBERGER: H.R. 452: Mr. RIBBLE, Mr. AMASH, and Mr. Arkansas, Mr. KLINE, Mr. GRAVES of Georgia, H.R. 1726. ROSKAM. Mr. HANNA, Mr. RENACCI, Ms. FOXX, Mr. CAR- Congress has the power to enact this legis- H.R. 459: Mr. LATTA and Mr. WU. TER, Mr. LABRADOR, and Mr. BACA. lation pursuant to the following: H.R. 466: Ms. SUTTON, Mr. HOLDEN, Ms. H.R. 1106: Mr. BISHOP of Georgia, Mr. JOHN- Article 1, Section 8, Clause 18 WOOLSEY, Mr. LOBIONDO, Ms. PINGREE of SON of Georgia, Mr. ISRAEL, Ms. BORDALLO, By Mr. RUPPERSBERGER: Maine, and Mr. AKIN. Ms. BALDWIN, Mr. WU, Mr. LUJA´ N, and Mr. H.R. 1727. H.R. 488: Mr. SHUSTER and Mr. PASTOR of Arizona. Congress has the power to enact this legis- FITZPATRICK. H.R. 1121: Ms. JENKINS and Mr. MCKINLEY. lation pursuant to the following: H.R. 502: Mr. LARSEN of Washington and H.R. 1154: Mr. WOMACK. Article 1, Section 8, Clause 18 Mr. CICILLINE. H.R. 1161: Mr. GIBBS, Mr. NUGENT, Mr. By Mr. RUPPERSBERGER: H.R. 601: Mr. ROTHMAN of New Jersey. MICA, Mr. PLATTS, Mr. SHUSTER, Mr. COLE, H.R. 1728. H.R. 610: Mr. GRIFFIN of Arkansas. Mr. DINGELL, Mr. CONNOLLY of Virginia, and Congress has the power to enact this legis- H.R. 615: Mr. RIGELL, Mr. DAVIS of Ken- Ms. CASTOR of Florida. lation pursuant to the following: tucky, Mr. AUSTIN SCOTT of Georgia, and Mr. H.R. 1176: Mr. MURPHY of Connecticut and Article I, Section 8, Clause 18 BENISHEK. Mr. BISHOP of New York. By Mr. RUPPERSBERGER: H.R. 642: Mr. JOHNSON of Ohio and Mr. AUS- H.R. 1179: Mr. GRIFFITH of Virginia and Mr. H.R. 1729. TRIA. MCCOTTER.

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H.R. 1181: Mr. LATTA, Mr. ROKITA, Mr. Mrs. LOWEY, Mr. MCNERNEY, Mr. WEINER, H.J. Res. 56: Mr. JOHNSON of Ohio and Mr. WALBERG, Mr. HARRIS, Mr. BISHOP of Utah, and Ms. DELAURO. WILSON of South Carolina. Mr. GOWDY, Mr. MACK, and Mr. FLORES. H.R. 1515: Mr. FILNER and Mr. MCGOVERN. H. Con. Res. 12: Mr. FRELINGHUYSEN, Mrs. H.R. 1195: Mr. BOSWELL, Mr. PLATTS, Mr. H.R. 1546: Mr. JACKSON of Illinois, Ms. ADAMS, Mr. CONNOLLY of Virginia, and Mr. GUTIERREZ, Mr. AKIN, Mr. RUNYAN, Mr. SHIM- LINDA T. SA´ NCHEZ of California, Mr. ELLISON, GONZALEZ. KUS, Mr. CRAWFORD, Mr. JACKSON of Illinois, Mr. LATOURETTE, Ms. BALDWIN, Mr. GON- H. Con. Res. 39: Mr. ROSS of Florida and Mr. SCOTT of Virginia, and Ms. BALDWIN. ZALEZ, Mr. WU, Mr. WALZ of Minnesota, Mr. Mrs. MYRICK. H.R. 1219: Mr. SCOTT of Virginia, Mr. RUPPERSBERGER, Mr. HIGGINS, Mr. LARSEN of H. Res. 20: Ms. LORETTA SANCHEZ of Cali- PLATTS, and Mr. GUTIERREZ. Washington, and Mr. GALLEGLY. fornia, Ms. DEGETTE, Ms. CLARKE of New H.R. 1236: Mr. CARNAHAN, Mr. LEWIS of H.R. 1551: Mr. KLINE and Mr. GRIMM. York, Mr. GUTIERREZ, Ms. RICHARDSON, Mr. Georgia, Mr. CUELLAR, Mr. ALEXANDER, Ms. H.R. 1555: Mr. ACKERMAN, Mr. RANGEL, and WAXMAN, Mr. RANGEL, and Mr. FATTAH. LINDA T. SA´ NCHEZ of California, Mr. Mrs. MALONEY. WALBERG, Ms. SCHWARTZ, and Mr. HANNA. H.R. 1558: Mr. BARROW and Mr. MCCOTTER. H. Res. 60: Mr. HARRIS. H.R. 1244: Mr. ALEXANDER and Mr. HINCHEY. H.R. 1573: Mrs. HARTZLER. H. Res. 77: Mr. AL GREEN of Texas. H.R. 1259: Mr. WOMACK. H.R. 1574: Mr. VISCLOSKY, Mr. CONYERS, H. Res. 83: Mr. BRALEY of Iowa, Mr. HANNA, H.R. 1265: Mr. KLINE, Mr. AKIN, and Mr. Mrs. CAPPS, and Mr. ELLISON. and Mr. KILDEE. TIBERI. H.R. 1576: Mrs. CAPITO. H. Res. 98: Mr. DUNCAN of Tennessee, Mr. H.R. 1287: Mr. FORBES. H.R. 1588: Mr. WHITFIELD, Mr. BONNER, Mr. GOHMERT, and Mr. GRIFFIN of Arkansas. H.R. 1288: Mrs. CHRISTENSEN, Mr. HOLDEN, LATOURETTE, Mr. DAVID SCOTT of Georgia, H. Res. 134: Mr. CALVERT, Mr. HONDA, Mr. and Mr. HINCHEY. Mr. GRAVES of Missouri, Mr. KING of Iowa, SHULER, and Mr. WU. H.R. 1299: Mr. BARLETTA and Mr. YOUNG of and Mr. SCHOCK. Indiana. H.R. 1596: Ms. HIRONO. H. Res. 137: Mr. HEINRICH and Mr. THOMP- H.R. 1323: Mr. YOUNG of Indiana and Mr. H.R. 1609: Mr. STIVERS, Ms. FOXX, Mr. MIL- SON of California. STUTZMAN. LER of Florida, Mr. LATOURETTE, Mr. ROSS of H. Res. 185: Mr. SERRANO. H.R. 1327: Mr. LATHAM, Mr. COFFMAN of Florida, Mr. BURTON of Indiana, and Mr. H. Res. 196: Mr. HANNA, Mr. GRIMM, and Mr. Colorado, Ms. CLARKE of New York, Ms. CAS- NUGENT. KISSELL. TOR of Florida, Mr. MACK, Mr. PLATTS, Mr. H.R. 1612: Mr. ROSS of Arkansas and Mr. H. Res. 221: Mr. TOWNS and Mr. HASTINGS of GRIJALVA, Mr. CHANDLER, Mr. RIVERA, Mr. MCINTYRE. Florida. BURTON of Indiana, and Mr. PALAZZO. H.R. 1621: Mr. JOHNSON of Georgia, Mr. H.R. 1367: Mr. CICILLINE. H. Res. 231: Mr. POE of Texas, Mr. MCGOV- ENGEL, and Mr. MILLER of Florida. H.R. 1370: Mrs. BLACKBURN. ERN, Mr. LANCE, Ms. LORETTA SANCHEZ of H.R. 1641: Mr. CULBERSON and Mr. ADER- H.R. 1385: Mr. PAUL. California, Mr. MCCLINTOCK, Mr. GENE GREEN HOLT. H.R. 1397: Mr. WATT. of Texas, Mr. BRADY of Texas, Ms. RICHARD- H.R. 1645: Mr. JACKSON of Illinois. H.R. 1402: Mr. BRADY of Pennsylvania. SON, and Ms. CHU. H.R. 1646: Mr. LONG. H.R. 1422: Mr. WELCH. H. Res. 240: Ms. NORTON, Mr. HIMES, Mr. H.R. 1653: Mr. LEWIS of Georgia and Ms. H.R. 1433: Mr. COHEN, Mr. PENCE, and Mr. MORAN, Ms. ESHOO, Mr. COSTA, Ms. GENE GREEN of Texas. JENKINS. H.R. 1671: Mr. STUTZMAN. SCHWARTZ, Mr. COURTNEY, Ms. BORDALLO, H.R. 1439: Mr. THOMPSON of Mississippi. Mr. CICILLINE, and Mr. RICHMOND. H.R. 1465: Mr. MCINTYRE. H.R. 1681: Mr. HONDA, Mr. RANGEL, Mrs. H. Res. 241: Mr. BURTON of Indiana, Mr. H.R. 1466: Mr. HONDA and Mr. GRIJALVA. NAPOLITANO, Mr. BLUMENAUER, and Ms. H.R. 1489: Mr. JACKSON of Illinois. PELOSI. NUNES, Mrs. BLACK, Mr. WESTMORELAND, Ms. H.R. 1505: Mr. COFFMAN of Colorado, Mr. H.R. 1699: Mr. CULBERSON and Mr. JENKINS, Mr. LAMBORN, Mr. WEBSTER, Mr. CANSECO, and Mr. REHBERG. BUCHANAN. CHAFFETZ, Mr. STIVERS, Mr. LATOURETTE, H.R. 1510: Mr. MCKINLEY. H.R. 1700: Mr. ROE of Tennessee, Mr. LAM- and Mr. MCKINLEY. H.R. 1513: Ms. MOORE, Mr. TONKO, Mrs. BORN, Mr. TIBERI, and Mr. DUNCAN of South H. Res. 242: Mr. STARK, Mr. THOMPSON of MCCARTHY of New York, Mrs. NAPOLITANO, Carolina. California, and Ms. DELAURO.

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HONORING THOMAS SAMUEL Mound, Texas. The Marcus varsity boys’ bas- CONGRATULATING THE 2011 NCAA STEPHENS ketball team won the 5A UIL State Champion- DIVISION II WOMEN’S CHAM- ship. The Marcus Marauders beat Garland PIONS CLAYTON STATE UNIVER- HON. SAM GRAVES Lakeview, 40–38, in the final to finish the sea- SITY OF MISSOURI son 39–1. Led by Head Coach Danny Hender- IN THE HOUSE OF REPRESENTATIVES son, these young men are exemplary rep- HON. DAVID SCOTT Wednesday, May 4, 2011 resentatives of their school and should be very OF GEORGIA proud of what they have accomplished. IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES of Missouri. Mr. Speaker, I This is not the first time I have had the proudly pause to recognize the life of Thomas pleasure of highlighting the accomplishments Wednesday, May 4, 2011 Samuel Stephens of Cameron, Missouri. of Marcus High School, and I have a sneaking Mr. DAVID SCOTT of Georgia. Mr. Speaker, Thomas’ achievements and service, both to suspicion that it will not be the last. With the I stand before you today to honor the Clayton his country and his community, were great level of teamwork and perseverance that is State University Women’s Basketball Team for and we are indebted to him for his sacrifices. present in this North Texas high school, it is winning the 2011 NCAA Division II National Mr. Speaker, Thomas Samuel Stephens no wonder that they are an ‘‘Exemplary Cam- Championship. The Lady Lakers defeated the was born on June 8, 1918, in Temple, Texas, pus’’. Michigan Tech Huskies 69-50 in a game that to his parents, Lessie and Rufus Stephens. It is inspiring to recognize such ambitious gave Clayton State its first national champion- On January 14, 1944, Thomas had the fortune young student athletes who are making a ship. Clayton State ended the season with a of marrying the love his life, Euclid Elizabeth positive impact in our community. I am 53-1 record and the number one ranking in Stockton, at their church in Temple, Texas. pleased to have the opportunity to represent the USA Today/ESPN Division II Coaches’ Together they raised one daughter, Patti Jane. these young men, and their classmates and Poll. Thomas passed away on December 2, 2010, teachers in the U.S. House of Representa- These young women have demonstrated a in Kansas City, Missouri. tives. Congratulations on being the 5A UIL tremendous amount of hard work, persever- Mr. Speaker, Thomas was a true patriot. He Boys Basketball State Champions. ance and sportsmanship. There is no doubt served in the 80th Infantry Division, 3rd Army, f that this team will serve as excellent role mod- 319 Regiment C Company, 4th Platoon under els for young women and future athletes ev- General George Patton from August 26, 1943 IN RECOGNITION OF LOIS GERAGE- LAMB erywhere. to March 29, 1946. He received the Purple Coach Dennis Cox also deserves to be rec- Heart, EAME Campaign Medal with one ognized for his critical role in leading Clayton Bronze Service Star, an American Theatre HON. PETE SESSIONS State to victory. He was recently named the OF TEXAS Campaign Medal and a Victory Medal, as well 2011 Schelde North America/Division II Bul- IN THE HOUSE OF REPRESENTATIVES as a Sharpshooter and Rifle pin. letin Coach of the Year and the Women’s Bas- Mr. Speaker, after being honorably dis- Wednesday, May 4, 2011 ketball Coaches Association Coach of the charged, Thomas received his Masters De- Mr. SESSIONS. Mr. Speaker, I rise today to Year. gree and taught at the University of Texas recognize Lois Gerage-Lamb, a dedicated ed- My fellow colleagues please join me in hon- A&M in the Horticulture Department from ucator at Lakewood Elementary in Dallas, oring Coach Cox and the Clayton State Lady 1948–1953. Thomas then spent the rest of his Texas who is retiring this year. Lakers for an outstanding year. career working for the United States Depart- After moving to Lakewood in the early f ment of Agriculture’s Agriculture Research 1980s, Lois joined the staff at Lakewood Ele- Service, actively engaging in food and food mentary in 1987. Her twenty-four years of HONORING THE LIFE OF MAYOR storage research that is used in the food prod- service speak loudly of her patience, dedica- DEBORAH DUNCAN DUBOIS ucts we enjoy in every grocery store today. tion, and passion for teaching. Both of my Mr. Speaker, in addition to Thomas’ patriot- sons, Bill and Alex, had the privilege of having HON. ALCEE L. HASTINGS ism and contributions to agriculture in the Lois as their teacher. Her commitment to pro- OF FLORIDA United States, Thomas also had a passion of viding students with a quality education was IN THE HOUSE OF REPRESENTATIVES enjoying God’s world by fishing, campaigning evident in her work ethic and enthusiasm. Wednesday, May 4, 2011 and planting trees. Thomas was active in his Known for her upbeat personality and ‘‘can- church and enjoyed singing, having been a do’’ philosophy, Lois has instilled confidence in Mr. HASTINGS of Florida. Mr. Speaker, I part of the first group of Singing Cadets at her students and inspired them to reach for rise today to commemorate the life of Deborah Texas A&M. Thomas deeply loved his family. their dreams. Duncan DuBois, who passed away on April Mr. Speaker, I ask that you join me in hon- Outside of the classroom, Lois is a well- 30, 2011. Mrs. DuBois, known to family, oring the life of Thomas Samuel Stephens. I known community leader. She currently serves friends and admirers as ‘‘Desca,’’ was serving am truly grateful for his service to our country as the President of Little People of America, her second term as Mayor of the Town of and his contributions to agriculture. Inc. (LPA), a national advocacy and support Lake Park, Florida at the time of her death, f group for dwarfs and their families. In this ca- having been re-elected without opposition. IN RECOGNITION OF MARCUS HIGH pacity, she has oversees the 6,000 member Mayor DuBois loved her town and Lake Park SCHOOL FOR WINNING THE BOYS organization and works tirelessly to raise citizens loved her. Her dedication to good gov- BASKETBALL 5A UIL STATE awareness. Lois is a demonstrated leader with ernment was made clear by her longtime serv- CHAMPIONSHIP tremendous strength and great fervor and ice on the town’s Code Compliance Board, in- compassion. cluding six years as its chair, and her work HON. MICHAEL C. BURGESS She will be greatly missed at Lakewood Ele- with the Florida League of Cities. She also mentary. I am thankful for dedicated educators served on the League of Mayors and as one OF TEXAS like Lois and for the positive impact they have of the Palm Beach County League’s Legisla- IN THE HOUSE OF REPRESENTATIVES on our children. Mr. Speaker, I ask my es- tive Voting Delegates. Lake Park residents are Wednesday, May 4, 2011 teemed colleagues to join me in recognizing also indebted to Mayor DuBois for helping to Mr. BURGESS. Mr. Speaker, I rise today to Lois for her service. I wish her all the best in establish the local Historical Society, serving recognize Marcus High School in Flower her future endeavors. as its volunteer President for several years.

● 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 12:20 May 20, 2014 Jkt 099102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR11\E04MY1.000 E04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6682 EXTENSIONS OF REMARKS, Vol. 157, Pt. 5 May 4, 2011 A native of Barnwell, South Carolina, Desca TRIBUTE TO JIM BAILEY then we meet someone with Bill’s achieve- DuBois attended the University of South Caro- ments. Words seem hardly enough. lina on a theater scholarship. She also studied HON. WILLIAM L. OWENS Yet, what the public sector lacks in vol- at the Columbia Museum School and, most re- OF NEW YORK ume—namely money—it easily makes up for cently, attended Palm Beach Community Col- IN THE HOUSE OF REPRESENTATIVES in heartfelt thanks. While Bill cannot cash it in lege, where she was accepted to the Honor Wednesday, May 4, 2011 any earthly banks, he can invest it here on a Society. Mayor DuBois was a professor at the nice-sized spread that awaits him through the prestigious American Academy of Dramatic Mr. OWENS. Mr. Speaker, I rise today to Pearly Gates. Arts in New York City, where she taught stage celebrate the career of Jim Bailey, who has And, while the poet could easily honor Bill and theatrical movement. During her career, served the City of Plattsburgh, New York for as ‘‘the friend of man,’’ our great honor is to she also worked with the Educational TV Net- almost two decades the city’s historian. Jim call him our friend, and offer him sincere con- work in South Carolina and appeared on CBS stepped down from his post in April last gratulations. Network Morning News. month. Jim has both kept and contributed to the f Among her many talents, she was known as history of the city of Plattsburgh—and our rean accomplished artist, having presented a gion as a whole—for almost two decades. A dozen solo art exhibits and participated in 34 COMMEMORATING HOLOCAUST native of Elizabethtown, he is a true product of REMEMBRANCE DAY group art shows. She was proud to have indi- the North Country. After graduating from vidual mural and major group mural projects in SUNY Albany, Jim taught at Beekmantown her curriculum vitae. Central School for more than a decade and HON. JANICE D. SCHAKOWSKY Mr. Speaker, Deborah Duncan DuBois was also served as an adjunct professor in Mathe- OF ILLINOIS a truly remarkable lady who represented ev- matics at Plattsburgh State. IN THE HOUSE OF REPRESENTATIVES erything that is great about America. She was Jim’s dedication to his community is shown a credit to her town, my district and our nation. every day through his professional and per- Wednesday, May 4, 2011 Her absence will be felt by everyone who ap- sonal relationships. He is well regarded preciates good government, the arts and de- throughout Clinton County and is spoke of Ms. SCHAKOWSKY. Mr. Speaker, I rise to votion to making our world a better place. highly by everyone he knows. commemorate Holocaust Remembrance Day, Through his steadfast resolve and dedica- or Yom Hashoah, and to pay tribute to the men, women, and children murdered by the f tion to preserve the past events of the City of Plattsburgh, Jim Bailey has become a part of Nazis during the Holocaust. HONORING THE LIFE OF PRIVATE its history. This week, we pause to join in solidarity BRANDON T. PICKERING Mr. Speaker, I rise today to express my with people around the world to remember gratitude and congratulations to Jim Bailey one of the darkest chapters in human history. upon his retirement as the history of the City During the Holocaust, six million Jews were HON. GEOFF DAVIS of Plattsburgh for his years of service to those killed, and countless others were brutalized, around him. raped, dehumanized, and robbed. The world OF KENTUCKY f pledged ‘‘Never Again’’ would such a tragedy IN THE HOUSE OF REPRESENTATIVES be allowed to occur, but over sixty years later HONORING WILLIAM DOTSON— we continue to fight anti-Semitism and other Wednesday, May 4, 2011 WEST VIRGINIA AFFORDABLE forms of hatred and intolerance, even geno- HOUSING HALL OF FAME IN- cide. Mr. DAVIS of Kentucky. Mr. Speaker, today DUCTEE I rise to pay tribute to Private First Class Bran- The Days of Remembrance hold a deep don T. Pickering, from Ft. Thomas, Kentucky, HON. NICK J. RAHALL II meaning for me, as a Jew, and for my com- who lost his life on April 10, 2011 from munity. My district, the 9th Congressional Dis- OF WEST VIRGINIA wounds he suffered while fighting enemy trict of Illinois, is home to one of the largest IN THE HOUSE OF REPRESENTATIVES forces in Wardak Province, Afghanistan on concentrations of Holocaust survivors in the April 8th. Wednesday, May 4, 2011 country. An estimated 3,500 Holocaust survivors live in the Chicago area, including the Mr. RAHALL. Mr. Speaker, I rise today to A 2008 graduate of Highlands High School, Village of Skokie, which boasts a vibrant Jew- recognize a fellow West Virginian, William Brandon joined the Army in September 2009. ish community built by survivors in the 1940s Dotson, who is the honored inductee of the and 50s. The community recently celebrated After completing basic training at Fort West Virginia Affordable Housing Hall of the opening of the new Illinois Holocaust Mu- Benning, Georgia he was assigned to the 2nd Fame. seum and Education Center, a state of the art Battalion, 4th Infantry Regiment, 4th Brigade It is fitting that the community of housing facility dedicated to preserving the memory of Combat Team, 10th Mountain Division, based professionals honor Bill because of his sterling the Holocaust. in Fort Polk, Louisiana. He deployed with his record of commitment to our communities. He unit to Afghanistan in October of 2010. has earned the right to take pride in his holis- This year, we also mark the 65th anniver- His awards and decorations include: the tic view of building a team in the office, and sary of the verdicts at the first of the Nurem- Bronze Star, the Purple Heart, the National his successful planning gives us equal license berg trials, as well as the 50th anniversary of Defense Service Medal, the Afghanistan Cam- to be proud of the many neighborhoods en- the trial of Adolf Eichmann. By holding the paign Medal, the Global War on Terrorism hanced and communities strengthened by his perpetrators of genocide legally accountable Service Medal, the Army Service Ribbon, the vision. for their heinous crimes, those trials were de- Overseas Service Ribbon, the Army Good Much more than an excellent public admin- fining moments in the evolution of international Conduct Medal, the NATO Medal and the istrator, Bill pushed budgets and programs to justice. The trials also produced a comprehen- Combat Infantryman Badge. fruition on little more than compassion and sive record of the Holocaust by collecting both hope, and in the end, the course of people’s documentary evidence and survivor testimony. Today, as we celebrate the life and accom- lives were forever changed. His resume of ex- In a world where genocide and other mas- plishments of this exceptional Kentuckian, my perience and professional participation ex- sive violations of human rights are far too thoughts and prayers are with Brandon’s fam- hausts the reader, but it pales in comparison prevalent, it is critical that we preserve the his- ily and friends, especially his parents. to the individuals and families to whom he pro- tory of the Holocaust and the memories of sur- We are all deeply indebted to Brandon Pick- vided dignity and proved the worth of the vivors and other witnesses. This week, we ering for his service and his sacrifice. By giv- human endeavor. pause to remember all those who perished, ing his life for the freedom of others, we are Too often words like ‘‘commitment’’ and honor those who survived, and redouble our reminded of the great price at which our free- ‘‘dedication’’ and expressions such as ‘‘long pledge to fight genocide, intolerance, and per- dom is preserved. hours of hard work’’ are bantered about, and secution wherever they occur.

VerDate Mar 15 2010 12:20 May 20, 2014 Jkt 099102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR11\E04MY1.000 E04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 5 6683 HONORING AUSTIN HEYMAN and law degrees from Harvard University, a children Lindsey, Stephanie, Vicki, Barbara, Master’s degree in International Public Policy Beth, Mackenzie, Lexi, Trevor, Tessa, Brady, HON. CHRIS VAN HOLLEN from John Hopkins and a Certificate from the Olivia, Kaden and Ava. A courageous and OF MARYLAND Academy of International Law at The Hague. honorable man, Paul will be sorely missed. IN THE HOUSE OF REPRESENTATIVES Austin’s contributions and passions are nu- Mr. Speaker, Paul Scupholm is remembered merous, but his commitment to our senior citi- as a dedicated husband, a compassionate fa- Wednesday, May 4, 2011 zens rises above all else. Austin believes that ther, devoted brother, concerned leader and a Mr. VAN HOLLEN. Mr. Speaker, I rise today our communities must prepare for the aging of friend. Paul was a man who deeply treasured to recognize a longtime advocate for seniors its residents and be communities ‘‘for all sea- his family, friends, community and his country. and intergenerational programs, my con- sons of our lives.’’ He sees seniors as an in- Today, as we bid Paul farewell, I ask my col- stituent and friend Austin Heyman. valuable resource in our midst to be embraced leagues to join me in mourning his passing A delegate to two White House Conferences as volunteers to mentor youth and to share and honoring his unwavering patriotism and on Aging, Austin has had a long and distin- the skills and knowledge accumulated over a service to our country and community. guished career in service to our community lifetime to benefit our community. Austin has f and nation. His visionary leadership in Mont- dedicated his efforts to ensuring that our sen- gomery County, Maryland led to his founding ior citizens can age with dignity, purpose and HONORING PRESIDENT GERALD of Interages, a non-profit organization that quality of life. FORD seeks to build bridges and relationships be- Austin is the father of David and Stephen tween generations. Interages’ intergenerational and grandfather of Madeline, Henry, and HON. SANDER M. LEVIN programs have brought children and older Miles. His wonderful wife Barbara, to whom he OF MICHIGAN adults together for 25 years. Indeed, since its has been married for many years, shares Aus- IN THE HOUSE OF REPRESENTATIVES founding in 1986, thousands of children and tin’s commitment to community service. Wednesday, May 4, 2011 isolated older adults from senior facilities have Mr. Speaker, I invite my colleagues to join benefited from participation in its programs, al- me in expressing my gratitude to Austin Mr. LEVIN. Mr. Speaker, this week, we lowing dedicated and caring older adult volun- Heyman for his outstanding service. honor a highly distinguished citizen of the teers and tutors, who are the heart of f State of Michigan and recognize his service to Interages, to make a significant difference in the people of the United States—Gerald Ford. the lives of children. Austin served as PERSONAL EXPLANATION Gerald Ford is a Michigan legacy and a Interages’ Director from 1986–1997. His effect model for those called to public service. He on countless lives cannot be overestimated. HON. VIRGINIA FOXX served with distinction in World War II aboard In addition to his work with Interages, Austin OF NORTH CAROLINA the U.S.S. Monterrey. In 1948, he was elected has been deeply involved with numerous com- IN THE HOUSE OF REPRESENTATIVES to the House of Representatives, where he munity groups, working on educational and served with integrity for twenty-five years. And youth issues. The list of leadership positions Wednesday, May 4, 2011 in 1974, during one of the darkest moments in he has held is a lengthy one, and includes his Ms. FOXX. Mr. Speaker, yesterday (5/3/11) U.S. history, Gerald Ford served as the 38th service as the first Chair of the Montgomery during consideration of H.R. 1213, a bill to re- President of the United States, unifying the County Commission on Children and Youth, peal mandatory funding provided to States in Nation during a notable time of divisiveness President of the Montgomery County Council the Patient Protection and Affordable Care Act and uncertainty. Now, it is especially fitting of PTAs, member of the Maryland Task Force to establish American Health Benefit Ex- that we honor President Ford’s legacy. on Guidance and Counseling, founding board changes, I stepped away from the House floor On behalf of the people of the United member and Vice-Chair of the Volunteer Part- to speak with a constituent and inadvertently States, we accept from the citizens of Michi- nership Montgomery and Co-Leader of the missed a vote (roll No. 283) on the Ellison of gan a statue of President Ford for placement John Macy Leadership Seminar. He has Minnesota Amendment No. 3 (H. Amdt. 262). in the U.S. Capitol. From this day forward, served on the Retired Seniors Volunteer Pro- If I had been present, I would have voted countless visitors from around the globe will grams Advisory Council and the Community ‘‘no.’’ come to the Nation’s Capitol each year and be Relations Committee of the Montgomery f reminded of President Ford’s courage and County Chamber of Commerce. strength—those characteristics which helped Austin’s contributions to our community HONORING PAUL SCUPHOLM to heal a divided Nation and bring us together. have earned him numerous honors. He re- The statue will be displayed as part of the ceived the Award for Distinguished Service to HON. THADDEUS G. McCOTTER prestigious and historic national Statuary Hall Public Education from the Montgomery County OF MICHIGAN collection for years to come. Board of Education and the Montgomery IN THE HOUSE OF REPRESENTATIVES President Ford has left us a rich legacy. As County Paths of Achievement Award. Austin we accept President Ford’s statue in the U.S. Wednesday, May 4, 2011 was inducted into the Montgomery County Capitol on behalf of the citizens of the United Human Rights Hall of Fame in 2008 and the Mr. MCCOTTER. Mr. Speaker, today I rise States, I hope all of us here will honor him by Maryland Senior Citizens Hall of Fame in to honor the extraordinary life of Paul reflecting upon his legacy. 2009. Scupholm and mourn him upon his passing at f Austin has served as the moderator for two the age of 76. county cable television programs—‘‘Seniors Born on January 8, 1935, Paul Scupholm RECOGNIZING THE ONGOING Today’’ and ‘‘Montgomery Citizens Agenda.’’ attended Detroit Cooley High School and DEMOCRATIC TRANSITION OC- He initiated the Vital Living Initiative in 1999 graduated in 1953. Paul served as a Congres- CURRING IN THE KYRGYZ RE- and currently chairs the Montgomery County sional Aide to Representative Jack McDonald PUBLIC Vital Living Steering Committee. In 2001 he from 1967 through 1973, was Executive Direc- proposed the creation of a Senior Leadership tor of Friends of Detroit Public Library and a HON. DAN BURTON Montgomery class; his proposal was imple- board member of the Redford Library. He was OF INDIANA mented by Leadership Montgomery in 2002. the founder of the Redford Soccer Club. Paul IN THE HOUSE OF REPRESENTATIVES Early in his career Austin served as an at- Scupholm spent many hours making wooden torney with a private law firm in New York toys to be donated to several children’s hos- Wednesday, May 4, 2011 City, which was followed by a distinguished pitals. Mr. BURTON of Indiana. Mr. Speaker, I rise career with the United States Agency for Inter- Regrettably, on April 30, 2011, Paul to recognize the ongoing democratic transition national Development. At USAID, he rep- Scupholm passed from this earthly world to occurring in the Kyrgyz Republic. This transi- resented the United States on the Develop- his eternal reward. He is survived by his be- tion began in April 2010 when former Presi- ment Assistance Committee of the Organiza- loved wife, Lois, and his children, Brad, Jeff, dent Kurmanbek Bakiyev fled the capital as a tion for Economic Cooperation and Develop- Greg and Jennifer. A devoted brother to sister result of mass protests over his regime’s cor- ment in Paris. Austin earned undergraduate Rosemary, Paul leaves a legacy in his grand- rupt and repressive rule. Less than a month

VerDate Mar 15 2010 12:20 May 20, 2014 Jkt 099102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR11\E04MY1.000 E04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6684 EXTENSIONS OF REMARKS, Vol. 157, Pt. 5 May 4, 2011 after taking power, the interim government of the Kyrgyz people to continue developing mitment to his community, John Kelly received President Roza Otunbayeva formed a com- strong institutions that uphold the fundamental the Bay Area’s 2005 Jefferson Award for Pub- mission to draft a new constitution. The con- rights of all citizens and residents of the lic Service. stitution produced by this commission was Kyrgyz Republic and to hold free and fair The term ‘‘Good Samaritan’’ is used so overwhelmingly passed by a national ref- presidential elections in December. often that we occasionally forget what was so erendum and will take effect after elections f extraordinary about the story, where one man are held in December of this year. recognized a kinship, a common humanity, Monitors from the Organization for Security PERSONAL EXPLANATION and stopped to help a person in need. In the and Cooperation in Europe reported that the parable of the Good Samaritan, the priest October 2010 election to fill the 120 seats of HON. JOHN B. LARSON passes by the hapless victim. For John Kelly, the country’s legislature, the Jorgorku Kenesh, OF CONNECTICUT the seminary strengthened his desire to help. ‘‘constituted a further consolidation of the IN THE HOUSE OF REPRESENTATIVES It is his calling, and he has immeasurably democratic process and brought the country transformed the lives of so many. Wednesday, May 4, 2011 closer to meeting its international commit- Mr. Speaker, I ask my colleagues to join me ments on democratic elections.’’ I applaud this Mr. LARSON of Connecticut. Mr. Speaker, in honoring the life’s work of John Kelly and achievement and accept the view of Morten on Tuesday, May 3, 2011, I missed rollcall the Samaritan House. He has said, ‘‘The most Hoglund, head of OSCE observer mission, vote 283. Had I been present, I would have important thing you can do is help another that ‘‘this election reflected the will of the peo- voted ‘‘yes’’ or ‘‘aye.’’ human being.’’ In this sense, John’s entire life ple of the Kyrgyz Republic.’’ f has been filled with doing important things. He I, along with some of my colleagues, was has spent his life recognizing and resolving honored to meet President Otunbayeva when A TRIBUTE IN HONOR OF JOHN the problems of poverty, and I’m honored to she visited Washington in March to accept the KELLY recognize him in turn in Congress. State Department’s 2011 International Women f of Courage Award. President Otunbayeva de- HON. ANNA G. ESHOO RECOGNIZING THE 100TH ANNIVER- serves this award not only for her leadership OF CALIFORNIA SARY OF THE FLINT MASONIC in a time of crisis, not only for being the first IN THE HOUSE OF REPRESENTATIVES TEMPLE female Head of State of a Central Asian na- Wednesday, May 4, 2011 tion, but foremost for her promotion of a constitution that recognizes her status as an in- Ms. ESHOO. Mr. Speaker, I rise today to HON. DALE E. KILDEE OF MICHIGAN terim leader and prohibits her from running for honor the extraordinary contributions of John IN THE HOUSE OF REPRESENTATIVES reelection. President Otunbayeva repeated her Kelly, an outstanding humanitarian and former intention to step down during our conversa- Executive Director of Samaritan House in San Wednesday, May 4, 2011 tion. I believe this willingness to allow the Mateo, California. Samaritan House is hon- Mr. KILDEE. Mr. Speaker, today I rise to democratic process to move forward is the oring John Kelly at its May 7th Gala for a life- recognize the 100th anniversary of the Flint true sign of the President’s courage. time dedicated to helping the least among us. Masonic Temple. The building was dedicated Despite the existence of a new constitution John Kelly grew up in the community he on May 16, 1911 and has been in continuous and the upcoming election, the Kyrgyz Repub- watches over. A San Francisco native, he use since that time. A celebration will be held lic’s democratic transition is not complete. earned a Master’s Degree in Theology from in honor of this milestone on May 7th at the President Otunbayeva’s government, as well the University of Notre Dame and a Master’s Temple. as the government of her successor, must Degree in Psychology from Berkeley’s Grad- The Flint Masonic Temple is the home to continue to fully investigate incidences of vio- uate Theological Union. He spent 25 years as several Masonic organizations including Flint lence in the southern part of the country and a Catholic priest and nearly two decades Lodge 23, Fellowship 490, the Flint Shriners, to prosecute those responsible. In addition the teaching at Serra and Menlo Atherton High the York Rite, the Scottish Rite, and the Order government of the Kyrgyz Republic must con- Schools. of the Eastern Star. Over the years many tinue to work with the Organization for Secu- In 1985, Samaritan House hired John Kelly other organizations have utilized the building rity and Cooperation in Europe to reform its to unite a San Mateo City Information and Re- for their meetings and events. In 1947 the law-enforcement agencies to ensure that ferral Agency for low-income residents, with a Battiste Family opened the Temple Dining these agencies are properly trained to prevent free meal program. Under John Kelly’s fifteen Room and it became a very popular eating and respond to incidents of violence. years of unparalleled leadership, Samaritan spot in downtown Flint. The third generation of The Kyrgyz Republic is a key ally in the House expanded to include many new pro- the Battiste Family continues to operate the fight against terrorism. The country declared grams and help many more people in need, Dining Room today. its support for the United States immediately including a 90-bed shelter, free medical clinic, Many prominent citizens and leaders of Flint after September 11, 2001 and quickly granted food pantry, clothes closet, and holiday assist- were involved in the planning and construction the United States access to Kyrgyz airspace in ance. They offer classes in learning English, of the Flint Masonic Temple. The cornerstone support of counterterrorism operations in Af- household budgeting, nutrition, and parenting was laid in 1909 and the building itself was ghanistan. Since December 2001, the Manas skills. Today, more than 3,000 volunteers help constructed to incorporate the ritual work Transit Center located at Manas International Samaritan House provide more than 12,000 themes given to candidates as they progress Airport near Bishkek has served, according to San Mateo County residents with free food, through the first three degrees for full mem- the U.S. Air Force, as the ‘‘premier air mobility clothing, and counseling. Primarily relying on bership in a Masonic Lodge in Michigan. The hub supporting military operations in Afghani- private donations, Samaritan House proudly building’s east-west orientation and the use of stan.’’ In addition to serving as a key transit models its services on the idea of ‘‘Neighbor big blocks are reminiscent of the Masonic rit- point for personnel and materials moving into Helping Neighbor.’’ ual of building King Solomon’s Temple. The Afghanistan, the Manas Transit Center sup- John Kelly is one of the best neighbors in State of Michigan listed the site on its State ports aerial refueling and medical evacuation the Bay Area. His public spiritedness truly en- Registry of Historic Places in 1981. operations. I applaud President Otunbayeva’s compasses the entire community. Since 1991, Mr. Speaker, I ask the House of Represent- continued support for the Transit Center and John Kelly has volunteered several days a atives to join me in commemorating the 100th call on her successor to honor the agreement week at San Quentin State Prison, where he anniversary of the Flint Masonic Temple. The made between the United States and the teaches self-help courses, and offers spiritual Masons devote their time, talent, and re- Kyrgyz Republic in 2009 that guarantees guidance and discussion. ‘‘I relish seeing so sources to make the Flint community a better American use of the facility through 2014. many men turn their lives around,’’ he always place. The Flint Masonic Temple is a land- Under the leadership of President Roza says. John Kelly also serves on the boards of mark and stands as a testament to the good- Otunbayeva, the Kyrgyz Republic is moving in several civic organizations, and I’m proud to will of our Masonic organizations. I pray that the right direction; however, the country’s sit alongside him as a member of the advisory the Flint Masonic Temple will continue to be a democratic transition must continue. I call on board of the Service League of San Mateo place of fellowship for many, many years to the government of President Otunbayeva and County. In recognition of his outstanding com- come.

VerDate Mar 15 2010 12:20 May 20, 2014 Jkt 099102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR11\E04MY1.000 E04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD May 4, 2011 EXTENSIONS OF REMARKS, Vol. 157, Pt. 5 6685 HONORING FREEDOM RIDERS ON RECOGNIZING THE PUBLIC CON- organize the now annual ‘‘Kid’s Classic’’ in the THEIR 50TH ANNIVERSARY TRIBUTIONS OF THE HONORABLE City of Beckley. The ‘‘Kid’s Classic’’ is a MADRITH CHAMBERS FORMER weeklong celebration that allows all children CITY OF BECKLEY COMMON who live throughout Beckley and Raleigh HON. CHARLES B. RANGEL COUNCILWOMAN County, an opportunity to come together during the summer, in a safe environment for OF NEW YORK HON. NICK J. RAHALL II educational and fun activities in downtown IN THE HOUSE OF REPRESENTATIVES OF WEST VIRGINIA Beckley. IN THE HOUSE OF REPRESENTATIVES Throughout Councilwoman Chambers’ pub- Wednesday, May 4, 2011 lic service career she has been a driving force Wednesday, May 4, 2011 Mr. RANGEL. Mr. Speaker, I rise today to in the Beckley community. She was instru- recognize the lasting impact of a coalition from Mr. RAHALL. Mr. Speaker, being honored mental in the recruitment and training of mi- all across the country, now known as the this Sunday, by her hometown church, the norities to serve as Beckley City police officers Freedom Riders, who showed great acts of Heart of God Ministries in Beckley, West Vir- and increased the total number of African- courage fifty years ago in 1961 to help pave ginia, Madrith Chambers remains a woman of Americans serving as police officers from two to seven officers during her tenure on the the way for all Americans—regardless of color distinguished character, who early on dedicated her life to the betterment of her commu- Common Council, a major accomplishment. and background—to have the same opportuni- nity. She knew that to make such service her Councilwoman Chambers brought Community ties to pursue their dreams. They traveled to destiny, she needed proper tools. Policing to the East Park, East Beckley, and the deep South to challenge the codified injus- She enrolled in school and became a suc- the Maxwell Hill communities with satellite po- tice in place and bring about an end of seg- cessful model. Then she became an assistant lice stations. regation. buyer for a major department store. Mrs. Councilwoman Chambers, under the James Farmer, the head of the Congress of Chambers developed the poetry of style, ‘‘Undoing Racism Project,’’ facilitated training Racial Equality, and his colleagues planned which she still exudes to this very day. in the City of Beckley for various city per- demonstration rides through the South be- In Washington, D.C., she served our troops sonnel to develop sensitivity awareness in pro- cause the Supreme Court’s ruling of integra- and their families from Bolling Air Force Base moting fair housing and lending for minorities, tion of bus and train stations and airports was to Walter Reed Army Medical Center to be- health care, jobs and criminal justice. When not yet enforced. On May 4, 1961, thirteen rid- come an Air Force liaison to military families. entering the City of Beckley from the 1–77/64 ers—men and women, blacks and whites—left She came home to West Virginia, and did interchange at Harper Road, travelers will be Washington, D.C. bound for New Orleans on work as a legal secretary and cared for her greeted with the words on an erected sign May 17, the seventh anniversary of Brown v. growing family. She also took a job as a taxi which states, ‘‘We Respect Diversity.’’ The Board of Education. cab driver. sign was posted by the City of Beckley at the An active citizen, Mrs. Chambers was ap- request of Councilwoman Chambers. Between May and September of 1961, peo- pointed to the Beckley Human Rights Com- While serving as Mayor Emmett Pugh’s rep- ple of all ages, color and gender throughout mission, where she served as Chairwoman for resentative on the Mountain State Centers for the country traveled to Jackson, Mississippi. 9 years. Independent Living, she advised the Mayor on The Riders desegregated stations by entering While working for the Social Security Admin- how to help bring the City of Beckley into the ‘wrong’ waiting room, sitting at the ‘wrong’ istration, and knowing the value of a good compliance with the Americans with Disabil- lunch counter, using the ‘wrong’ restroom. education, Mrs. Chambers again pursued her ities Act, in meeting the mobility needs for in- They encountered severe prejudice and bru- educational goals while attending night class- dividuals with disabilities. A short time after tality. My dear friend and patriot, Representa- es at Bluefield State College. She obtained her tenure as Councilwoman, she secured do- tive JOHN LEWIS, was struck by a crate. An- her long desired Bachelor of Science degree nated land for the City of Beckley for the es- other good friend and colleague of mine, Rep- in Criminal Justice Administration and Law En- tablishment of the Family Dollar Store, a na- resentative BOB FILNER, was arrested and in- forcement in 1985. tional chain store built on the site of the former carcerated for two months after refusing to Upon Mrs. Chamber’s retirement after 25 Pack’s Supermarket in East Beckley. The post bond. years at the Social Security Administration, opening of the Family Dollar Store in East Through their courage and determination, she was elected in 1991, to the City of Beck- Beckley provided employment opportunities for the Freedom Riders won. In September the ley’s Common Council, where she served for many of East Beckley’s residents and is a Interstate Commerce Commission issued new 12 years. source of great pride in the community. regulations mandating an end to segregation During Councilwoman Chambers’ tenure on Councilwoman Chambers’ accomplishments in bus and train stations. Their success in- the Common Council, she was instrumental in are many. She has served as 1st Vice Presi- spired more people to participate in Freedom accomplishing major improvements for Ward dent of the Beckley-Raleigh County NAACP Rides elsewhere around the South during 5, and in the Beckley Community. In her first and was the first to run an African-American 1961. These Rides eventually led the move- two years as Councilwoman, she was instru- Girl Scout Troop in Beckley, under the Black ment to its landmark victories—the Civil Rights mental in getting the City of Beckley to annex Diamond Girl Scouts of West Virginia. Act in 1964 and the Voting Rights Act of 1965. the Red Brush community of East Beckley, There were many firsts for Mrs. Chambers, They continue to inspire a new generation of providing families with fire and police protec- she was the first African-American woman to activists, such as the students of the New tion, water and sewage, and door to door mail become President of the Beckley Business York State Youth Leadership Council, who in- delivery, by getting the City of Beckley to pave and Professional Women’s Club, the first Afri- voked the memory of the Freedom Riders as the ‘‘red dog’’ dirt roads, throughout the Red can-American President of the Board of Direc- Brush community of East Beckley. This project tors for the Raleigh County Hospice Associa- they marched from places like Washington is one that she is most proud of accom- tion, first African-American member of the Heights in my hometown of New York City all plishing. Beckley Kiwanis Club, first African-American the way to our nation’s capital to demonstrate She possesses ‘‘no fear’’ in her determina- Woman inducted into the Women of the their support for the DREAM ACT. tion to overcome obstacles to make life better Moose in Beckley and continues to be active Fifty years ago, Freedom Riders envisioned for others. Councilwoman Chambers was also in that organization. a country where everyone was given the equal the first African-American City Council mem- Councilwoman Chambers has been recog- opportunity to pursue their dreams. Thanks to ber in West Virginia to request and receive nized for her many civic achievements in life. their efforts, anyone in America can make his funding for projects through the Budget Digest She was recognized by former West Virginia or her dream a reality by working hard with a of the West Virginia Legislature and was rec- Governor Bob Wise for her leadership in the can-do spirit. Today we honor the Freedom ognized for her efforts by former West Virginia City of Beckley. Councilwoman Chambers re- Riders by remembering their struggles and re- House of Delegates Speaker, Bob Kiss. ceived the ‘‘Seat for Social Justice’’ award solve, and by renewing our commitment to up- Being a mother, and seeing the need for from the Citizens Conservation Corps of West hold their vision of promoting equal oppor- children to have fun and educational activities Virginia. The ‘‘Seat for Justice Award,’’ a tunity for all. during the summer months, she was first to uniquely designed artwork depicting a bus

VerDate Mar 15 2010 12:20 May 20, 2014 Jkt 099102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR11\E04MY1.000 E04MY1 ehiers on DSK2VPTVN1PROD with BOUND RECORD 6686 EXTENSIONS OF REMARKS, Vol. 157, Pt. 5 May 4, 2011 seat, is now on permanent display at the Lance Corporal Dominic Ciaramitaro made During his career, Coach Munsey was in- Beckley-Raleigh County Public Library. the ultimate sacrifice for his country in Oper- ducted into the Florida Coaches Association Councilwoman Chambers is among two liv- ation Enduring Freedom. To his fellow sol- Hall of Fame, the FHSAA Hall of Fame and ing employees who worked at the old Conley diers, his family and friends, and to everyone Pine Crest’s own Athletic Hall of Fame. He High School in Mullens, West Virginia, and who knew and loved him, he was a dedicated was inducted into the Broward County Sports was recognized for her professional achieve- member of his community who answered the Hall of Fame and was named Athletic Director ments by the West Virginia Black Hall of Fame higher calling to serve his country. of the Year. Coach Munsey was also a foot- in 2010. Mr. Speaker, during his lifetime, Dominic ball and basketball official and actually held Councilwoman Chambers, a woman of deep Ciaramitaro enriched the lives of everyone the first Broward County officials’ meetings in abiding faith in God is a member of the Heart around him by employing energy, leadership, his home. Bill Munsey was known to say that of God Ministries in Beckley, West Virginia. and courage in everything he set out to do. As he never recruited a player from another She is an accomplished pianist and over the we bid farewell to this exceptional individual, I school and that a Pine Crest student-athlete years has served as pianist for several am reminded that freedom does indeed exact had to be both smart and a good athlete to churches. Being the mother of three girls and a heavy price and I ask my colleagues to join play for him. two boys, she has a passion for life and en- me in remembering and honoring his contribu- Mr. Speaker, Bill Munsey’s absence will be deavors to bring all brethren together for the tions and years of devoted service to his com- felt by the many players he coached, the peo- good of the community. munity and our country. ple he coached with and against and all who In the old gospel hymn that she loves dear- f knew and admired him for the honest, dedi- ly, ‘‘Let My Works Speak for Me,’’ Council- cated sports professional that he was. I am woman Chambers desires that her life be a HONORING THE LIFE OF WILLIAM pleased to honor his memory. ‘‘BILL’’ MUNSEY living testimony of what God has allowed her f to do and achieve in her public service throughout Beckley and the State of West Vir- HON. ALCEE L. HASTINGS HONORING THE 50TH ANNIVER- ginia. Her favorite scripture is from Psalm OF FLORIDA SARY OF THE FREEDOM RIDERS 133:1 ‘‘Behold, how good and how pleasant it IN THE HOUSE OF REPRESENTATIVES is for brethren to dwell together in unity.’’ With Wednesday, May 4, 2011 HON. BENNIE G. THOMPSON God, all things are possible is her motto. OF MISSISSIPPI I hope all West Virginians will join me in rec- Mr. HASTINGS of Florida. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES rise today to honor the memory of William ognizing the Honorable Madrith Chambers. Wednesday, May 4, 2011 f ‘‘Bill’’ Munsey of Pompano Beach, Florida, who passed away on April 3, 2011 at age 86 Mr. THOMPSON of Mississippi. Mr. Speak- HONORING DOMINIC J. after a valiant struggle against cancer. Bill had er, today, I rise to honor the 50th anniversary CIARAMITARO a long and celebrated career in athletics. As a of the Freedom Riders and their incredibly young man at Fleming High School in Roa- courageous acts of resistance during the sum- HON. THADDEUS G. McCOTTER noke, Virginia, he played football, basketball, mer of 1961, when civil rights leaders OF MICHIGAN tennis and ran track. In 1942, Bill enrolled at launched the Freedom Rides to challenge the IN THE HOUSE OF REPRESENTATIVES Roanoke College on an athletic scholarship. Jim Crow laws that upheld the segregated Following football season, he entered the U.S. interstate bus systems. Wednesday, May 4, 2011 Navy as a member of the Amphibious Forces Indeed, I am privileged to serve with two of Mr. MCCOTTER. Mr. Speaker, today I rise and served as a ‘‘frogman’’ in both the Atlantic my esteemed colleagues, Representative to honor Dominic J. Ciaramitaro, a courageous and Pacific commands. After his military serv- JOHN LEWIS and Representative BOB FILNER, Marine and noble soldier, who died on April ice, Bill returned to Roanoke College, where Freedom Riders who blazed the trail in order 23, 2011 at the age of 19. Lance Corporal he played basketball. that I might have the distinct honor to serve as Ciaramitaro laid down his life while bravely Bill and his wife, Jane, moved to Florida in the highest-ranking African American elected conducting combat operations In the Helmand 1949, where he began teaching and coaching official in the state of Mississippi—an oppor- Province, Afghanistan. at Riverside Military Academy in Hollywood. tunity that would not have been possible with- Lance Corporal Ciaramitaro was an antitank During that time, he attended the University of out the personal sacrifices of the Freedom missileman assigned to the 3rd Battalion, 9th Miami, graduating in 1950 with a degree in Riders in their quest for racial justice in this Marine Regiment, 2nd Marine Division, II Ma- Physical Education. He loved Miami football country. rine Expeditionary Force based in Camp and was always proud to be a ‘‘Hurricane.’’ The Freedom Rides, an organized effort ini- Lejeune, N.C. He was a 2009 graduate of Bill Munsey began his career in high school tiated by the Congress of Racial Equality South Lyon High School who as a member of coaching in 1954 at Pine Crest School, where (CORE), was a significant moment during the the football team. Lance Corporal Ciaramitaro he was known as the ‘‘cornerstone’’ of the ath- Civil Rights Movement, as young students enlisted in the Marines the day after his high letic program. He coached Pine Crest’s first were greeted with violent racial discrimination school graduation and began his career as a football team and served as its first Athletic Di- as they traveled from Washington, DC Marine in November 2009. Lance Corporal rector. He built a legendary and very success- throughout the Jim Crow South to test the Su- Ciaramitaro deployed in support of Operation ful career, serving as coach and Athletic Di- preme Court’s ruling in Boynton v. Virginia Enduring Freedom in December 2010 and rector for 38 years. As head of the football (1960), which declared segregation in inter- was promoted to lance corporal on Jan. 1, program, Coach Munsey led his teams to nine state bus and rail stations unconstitutional. 2011. He was awarded the National Defense conference titles, eight district titles and four Freedom Riders faced violent opposition and Service Medal, Afghanistan Campaign Medal regional titles. His football teams won 61 of 63 garnered broad media attention, which eventu- and the Global War on Terrorism Service games during the 1987 to 1993 seasons. He ally forced Federal intervention from the Ken- Medal. compiled a career record of 216–92–2 that in- nedy administration. A hard worker, a proud and brave Amer- cluded four undefeated seasons. The first Freedom Ride took place on May ican, and a loving son, Lance Corporal Bill Munsey loved all sports, and during his 4, 1961 when seven blacks and six whites left Dominic Ciaramitaro leaves behind his be- 38 years at Pine Crest, he also coached bas- Washington, D.C., on two public buses bound loved mother, Debbie Beaupre and his treas- ketball, baseball, golf and track. His excel- for the Deep South. The Freedom Riders ured father and stepmother, John and Lynn lence as a coach was recognized with numer- made it through Virginia and North Carolina Ciaramitaro. He is survived by his adored ous awards. He was voted Broward County without incident, but as they made it to Rock brother Salvatore and dearly loved sisters Football Coach of the Year six times and won Hill, South Carolina, the Freedom Riders en- Holly, Lucy, Elizabeth and Grace. His grand- the 1988 Football Coach Gold Award, a scho- countered violence and faced more resistance parents, Marie and Sam Ciaramitaro, his lastic award. Besides the prominence of his as they traveled further into the ‘‘Deep South.’’ grandmother Susan Boston and many aunts, football teams, his basketball teams won four The ride continued to Anniston, Alabama, uncles, cousins and friends will long remem- district titles and a trip to the state Final Four where on May 14th they were met by a violent ber him. in 1961. mob of over 100 people. Before their arrival,

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SD–419 Departments of Labor, Health and Human On May 29th, the Kennedy administration Appropriations Services, and Education, and Related announced that it had directed the Interstate Department of Homeland Security Sub- Agencies Subcommittee Commerce Commission to ban segregation in committee To hold hearings to examine proposed all facilities under its jurisdiction, but the rides To hold hearings to examine proposed budget estimates for fiscal year 2012 for continued as students from all over the coun- budget estimates for fiscal year 2012 for the National Institutes of Health. the Coast Guard, focusing on an exam- SD–124 try purchased bus tickets to the South and ination of operational and recapitaliza- 10:15 a.m. crowded into Mississippi jails. The Freedom tion requirements. Judiciary Rides inspired sit-ins in public facilities and SD–138 Antitrust, Competition Policy and Con- businesses across the South. Judiciary sumer Rights Subcommittee Today, collectively, we must be ‘‘Change Privacy, Technology and the Law Sub- To hold hearings to examine the AT&T/ Agents’’ and continue to pursue the struggle committee T–Mobile merger. for human, civil, and equal rights which are To hold hearings to examine protecting SD–226 the legacy and spirit of the Freedom Riders mobile privacy, focusing on 1:30 p.m. and all of the brave men and women who smartphones, tablets, cell phones and Armed Services made personal sacrifices during the Civil privacy. Personnel Subcommittee Rights Movement for justice and equality for SD–226 To resume hearings to examine the Ac- 2:30 p.m. tive, Guard, Reserve, and civilian per- all mankind. Commerce, Science, and Transportation sonnel programs in review of the De- f To hold hearings to examine the Trans- fense Authorization Request for fiscal portation Worker Identification Cre- year 2012 and the Future Years Defense SENATE COMMITTEE MEETINGS dential Program. Program. SR–253 SR–232A Title IV of Senate Resolution 4, Armed Services 2 p.m. agreed to by the Senate on February 4, Emerging Threats and Capabilities Sub- Rules and Administration 1977, calls for establishment of a sys- committee Business meeting to consider the nomi- tem for a computerized schedule of all To hold closed hearings to examine pro- nation of William J. Boarman, of Mary- meetings and hearings of Senate com- liferation prevention programs at the land, to be Public Printer, Government mittees, subcommittees, joint commit- Department of Energy and the Depart- Printing Office, S. Res. 116, to provide tees, and committees of conference. ment of Defense in review of the De- for expedited Senate consideration of fense Authorization Request for fiscal certain nominations subject to advice This title requires all such committees year 2012 and the Future Years Defense and consent, and S. 739, to authorize to notify the Office of the Senate Daily Program; to be immediately followed the Architect of the Capitol to estab- Digest—designated by the Rules Com- by an open hearing in SR–232A. lish battery recharging stations for pri- mittee—of the time, place, and purpose SVC–217 vately owned vehicles in parking areas of the meetings, when scheduled, and Homeland Security and Governmental Af- under the jurisdiction of the Senate at any cancellations or changes in the fairs no net cost to the Federal Government. meetings as they occur. Oversight of Government Management, the SR–301 As an additional procedure along Federal Workforce, and the District of 2:30 p.m. with the computerization of this infor- Columbia Subcommittee Commerce, Science, and Transportation mation, the Office of the Senate Daily Federal Financial Management, Govern- To hold hearings to examine manufac- ment Information, Federal Services, turing our way to a stronger economy. Digest will prepare this information for and International Security Sub- SR–253 printing in the Extensions of Remarks committee Energy and Natural Resources section of the CONGRESSIONAL RECORD To hold joint hearings to examine a road- National Parks Subcommittee on Monday and Wednesday of each map for a more effecient and account- To hold hearings to examine S. 114, to week. able Federal government, focusing on authorize the Secretary of the Interior Meetings scheduled for Thursday, implementing the ‘‘Government Per- to enter into a cooperative agreement May 5, 2011 may be found in the Daily formance and Results (GPRA) Mod- for a park headquarters at San Antonio Digest of today’s RECORD. ernization Act’’. Missions National Historical Park, to SD–562 expand the boundary of the Park, to Intelligence conduct a study of potential land ac- MEETINGS SCHEDULED To hold closed hearings to examine cer- quisitions, S. 127, to establish the Buf- MAY 6 tain intelligence matters. falo Bayou National Heritage Area in 9:30 a.m. SH–219 the State of Texas, S. 140, to designate Joint Economic Committee as wilderness certain land and inland To hold hearings to examine the employ- MAY 11 water within the Sleeping Bear Dunes ment situation for April 2011. 10 a.m. National Lakeshore in the State of SD–106 Appropriations Michigan, S. 161, to establish Pinnacles Department of Defense Subcommittee National Park in the State of Cali- MAY 10 To hold hearings to examine proposed fornia as a unit of the National Park 10 a.m. budget estimates for fiscal year 2012 for System, S. 177, to authorize the Sec- Banking, Housing, and Urban Affairs the Guard and Reserve. retary of the Interior to acquire the To hold hearings to examine reviewing SD–192 Gold Hill Ranch in Coloma, California, the Financial Crisis Inquiry Commis- Finance S. 247, to establish the Harriet Tubman sion’s final report. To hold hearings to examine the United National Historical Park in Auburn, SD–538 States-Colombia Trade Promotion New York, and the Harriet Tubman Un- Energy and Natural Resources Agreement. derground Railroad National Historical To hold hearings to examine new devel- SD–215 Park in Caroline, Dorchester, and Tal- opments in upstream oil and gas tech- Health, Education, Labor, and Pensions bot Counties, Maryland, S. 279, to di- nologies. To hold hearings to examine diverting rect the Secretary of the Interior to SD–366 non-urgent emergency room use, focus- carry out a study to determine the

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